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1998-12-02December 2, 1998 (Regular Day Meeting) (Page 1) 000 :1.7 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 2, 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, Mr. Robert W. Tucker, Jr., County Attorney, Mr. Larry W. Davis, and County Planner, Mr. V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 9:00 a.m., by the Chairman, Mr. Marshall. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Public. There were none. Other Matters Not Listed on the Agenda from the Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Thomas, seconded by Ms. Humphris, to approve items 5.1 through 5.4 and to accept the remaining items for information. Roll was called and the motion passed by the following recorded vote: AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. NAYS: None. Item No. 5.1. Authorize County Executive to execute purchase agreements for Habitat, White and Suber properties for Esmont Park. Mr. Tucker summarized the executive summary, which states that in 1996, the Albemarle County Neighborhood Team began working with the Esmont community to help determine the needs and improve the level of community services. One of the major needs identified by the community was the need for a park. While Esmont is within the planned service radius of Walnut Creek Park and the Scottsville Community Center, a lack of transportation options makes those park facilities unusable by a large number of Esmont residents. Compounding this problem is the lack of space at the Yancey Elementary School, which does not have sufficient land for the recommended community park facilities as outlined in the Community Facilities Plan. After looking at several possible sites, staff became aware of a potential site directly across Route 627 from Yancey Elementary School. The site contains approximately 13.6 acres and involves three property owners. The property is identified as lot 7 and parcel A, owned by Habitat for Humanity, and the adjacent parcels owned by Suber and White. A consultant hired by the County has found the park site to be feasible and has developed a conceptual plan. This past June, the Planning Commission and the Board found the proposed park development in this location to be in compliance with the Comprehensive Plan. Staff has been authorized by the Property Committee to negotiate the purchase of all three properties, subject to final approval by the Board. Based upon the Property Committee's recommendation, staff has negotiated the purchase of the Suber and White parcels at $12,200 each, which is equal to the January 1, 1999 County assessments. The purchase of the Habitat property has been negotiated at $17,500, which is the mid-point between a value placed on the property by a private appraiser hired by Habitat ($19,000), and an opinion of value of the County Asessor (416,000) after review of that ap- praisal. The County currently has $100,000 appropriated in the Parks and Recre- ation Deparetment Capital Improvement Program for this project. The total December 2, 1998 (Regular Day Meeting) (Page 2) 0001. park development is estimated at over $500,000 and will be phased in as funding becomes available. This site for the Esmont Park has been unanimously endorsed by the Southern Albemarle Organizataion, and the County Attorney's office developed purchase agreements for the properties. Staff recommends the Board authorize the County Executive to execute purchase agreements for the Habitat, White and Suber properties. Ms. Humphris said she is glad the County could execute the agreements. Mr. Martin asked why no one built on the property. Mr. Pat Mulaney, Director of Parks and Recreation, said that, although the parcel would not perk, it will still make a nice park for the County. The Whites and Subers plan to build six houses on the adjacent parcels. By the above shown vote, the Board authorized the County Executive to execute purchase agreements for Habitat, White and Suber properties for Esmont Park. The first agreement reads as follows: AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this 4th day of December, 1998, by and between GREATER CHARLOTTESVILLE HABITAT FOR HUMANITY (hereafter the ~Seller"), and the COUNTY OF ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer"). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and described as follows: "Parcel A" containing approximately 5.429 acres, more or less, and being described further as part of Albemarle County Tax Map Parcel 128-85; and "Lot 7" containing approximately 3.737 acres, more or less, and being described further as part of Albemarle County Tax Map Parcel 128-85. 2. Purchase Price. The purchase price for the Property is Seventeen Thousand Five Hundred Dollars ($17,500.00), and shall be paid by Buyer to Seller at closing. 3. Title. The Seller agrees to convey the Property by appropriate deed containing general warranty and English covenants of title, which title shall be good, marketable, and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants, and restrictions of record which do not adversely affect marketability and insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null and void by Buyer, and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 4. ExPenses and Prorations. Buyer agrees to pay the expenses of preparing the deed, and Seller agrees to pay the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Buyer in connection with the purchase, including, without limitation, title examina- tion, survey costs, preparation of a plat of subdivision, environ- mental reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date of closing and paid by Seller. 5. Inspection. The Buyer and its agents shall have the right to enter upon the Property at any time prior to closing for purposes of engineering, surveying, site analysis, and such other work, so long as the studies do not result in a change in the character or topography of the Property. This Agreement is contin- I? December 2, 1998 (Regular Day Meeting) (Page 3) gent upon the Property being'free of hazardous waste or other dangerous environmental contamination. If the Buyer determines, in its sole judgment, that such contamination exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 6. Deed and Other Legal Documents. The Seller agrees to execute a deed and other legal documents necessary to convey the Property to Buyer. 7. Time Is of the Essence. The Seller agrees that, with respect to all obligations specified herein, time is of the essence. 8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before December 15, 1998, or earlier if Buyer and Seller agree, or as soon thereafter as title can be examined and papers prepared. 9. Ri~k of LOSS. Ail risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material loss, destruction or damage to the'Property, Buyer may declare the Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 10. Condition of Property. Seller warrants that the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire Agreement between the parties, and may not be modified or changed except by written instrument executed by all parties. 12. Agreement Survives Closing. It is expressly under- stood and agreed by Buyer and Seller that all agreements, prom- ises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administra- tors, agents, successors and assigns of the parties hereto. 13. Approval by Board of Supervisors. This Agreement is expressly contingent upon its approval by the Albemarle County Board of Supervisors (hereafter referred to as "Board"). If the Board fails to approve this Agreement within 60 days of its execution by Seller, Buyer or Seller may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. The second agreement reads as follows: AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this 20th day of August, 1998, by and between PATRICIA WHITE SUBER (hereafter the "Seller"), and the COLINTY OF ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer"). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon and appurtenances thereto (the ~Property"), located in the County of Albemarle, Virginia, and described as that portion of land containing approximately 2.245 acres, more or less, and being described further as Albemarle County Tax Map Parcel 128-86B. 2. Purchase Price. The purchase price for the property is Twelve Thousand Two Hundred Dollars ($12,200.00), and shall be paid by Buyer to Seller as follows: December 2, 1998 (Regular Day Meeting) (Page 4) A. One Thousand Dollars ($1,000.00) shall be paid upon execution of this Agreement by Seller. B. The balance of $11,200.00 shall be paid by Buyer to Seller at closing. 3. Title. The Seller agrees to convey the Property by appropriate deed containing general warranty and English covenants of title, which title shall be good, marketable, and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants, and restrictions of record which do not adversely affect marketability and insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null and void by Buyer, and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 4. Expenses and Prorations. Buyer agrees to pay the expenses of preparing the deed, and Seller agrees to pay the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Buyer in connection with the purchase, including, without limitation, title examina- tion, survey costs, preparation of a plat of subdivision, environ- mental reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date of closing and paid by Seller. 5. Inspection. The Buyer and its agents shall have the right to enter upon the Property at any time prior to closing for purposes of engineering, surveying, site analysis, and such other work, so long as the studies do not result in a change in the character or topography of the Property. This Agreement is contingent upon the Property being free of hazardous waste or other dangerous environmental contamination. If the Buyer deter- mines, in its sole judgment, that such contamination exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 6. Deed and Other Legal Documents. The Seller agrees to execute a deed and other legal documents necessary to convey the Property to Buyer. 7. Time Is of the Essence. The Seller agrees that, with respect to all obligations specified herein, time is of the essence. 8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before September 15, 1998, or earlier if Buyer and Seller agree, or as soon thereafter as title can be examined and papers prepared. 9. Risk of LOss. Ail risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 10. Condition of Property. Seller warrants that the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 11. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire December 2, 1998 (Regular Day Meeting) (Page 5) ................ ~, · ~ ~,¥~,.~.~':~ Agreement between the parties, and may not be modified or changed except by written instrument executed by all parties. 12. A_~reement Survives Closing. It is expressly under- stood and agreed by Buyer and Seller that all agreements, prom- ises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administra- tors, agents, successors and assigns of the parties hereto. 13. Approval by Board of Supervisors. This Agreement is expressly contingent upon its approval by the Albemarle County Board of Supervisors (hereafter referred to as ~Board"). If the Board fails to approve this Agreement within sixty (60) days of its execution by Seller, Buyer or Seller may declare this Agree- ment null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. The third agreement reads as follows: AGREEMENT FOR PURCHASE OF REAL ESTATE THIS AGREEMENT made this 4th day of December, 1998, by and between JOSEPH SAMUEL WHITE (hereafter the ~Seller"), and the COUNTY OF ALBEMARLE, VIRGINIA (hereafter referred to as UBuyer"). 1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and described as that portion of land containing approximately 2.245 acres, more or less, and being described further as Albemarle County Tax Map Parcel 128-86A. 2. Purchase Price. The purchase price for the property is Twelve Thousand Two Hundred Dollars ($12,200.00), and shall be paid by Buyer to Seller as follows: A. One Thousand Dollars ($1,000.00) shall be paid upon execution of this Agreement by Seller. B. The balance of $11,200.00 shall be paid by Buyer to Seller at closing. 3. Title. The Seller agrees to convey the Property by appropriate deed containing general warranty and English covenants of title, which title shall be good, marketable, and insurable, free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements, covenants, and restrictions of record which do not adversely affect marketability and insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null and void by Buyer, and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 4. Expenses and Prorations. Buyer agrees to pay the expenses of preparing the deed, and Seller agrees to pay the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Buyer in connection with the purchase, including, without limitation, title examina- tion, survey costs, preparation of a plat of subdivision, environ- mental reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if any, shall be prorated as of the date of closing and paid by Seller. December 2, 1998 (Regular Day Meeting) (Page 6) 000:122- 5. InsPection. The Buyer and its agents shall have the right to enter upon the Property at any time prior to closing for purposes of engineering, surveying, site analysis, and such other work, so long as the studies do not result in a change in the character or topography of the Property. This Agreement is contingent upon the Property being free of hazardous waste or other dangerous environmental contamination. If the Buyer deter- mines, in its sole judgment, that such contamination exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 6. Deed and Other Legal Documents. The Seller agrees to execute a deed and other legal documents necessary to convey the Property to Buyer. 7. Time Is of the Essence. The Seller agrees that, with respect to all obligations specified herein, time is of the essence. 8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before September 15, 1998, or earlier if Buyer and Seller agree, or as soon thereafter as title can be examined and papers prepared. 9. Risk of Loss. Ail risk of loss or damage to the Property by fire, windstorm, casualty or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. 10. Condition of Property. Seller warrants ~hat the Property shall be in substantially the same condition at closing as it is at the time of the execution of this Agreement. 11. Construction, Benefi~ and Effect. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and assigns of the parties, constitutes the entire Agreement between the parties, and may not be modified or changed except by written instrument executed by all parties. 12. A~reement Survives Closing. It is expressly under- stood and agreed by Buyer and Seller that all agreements, prom- ises, stipulations and representations contained herein shall survive closing and shall bind the heirs, executors, administra- tors, agents, successors and assigns of the parties hereto. 13. Approval by Board of SupervisQrs. This Agreement is expressly contingent upon its approval by the Albemarle County Board of Supervisors (hereafter referred to as ~Board"). If the Board fails to approve this Agreement within sixty (60) days of its execution by Seller, Buyer or Seller may declare this Agree- ment null and void and all funds paid to Seller by Buyer shall be refunded within thirty (30) days. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written. Item No. 5.2. Holiday Leave. Mr. Tucker had sent the following memorandum to the Board: "As most of you may know, Governor Gilmore recently provided State employees with extra holidays for Thanksgiving and Christ- mas, in addition to their normal holiday leave time. The Governor has authorized a half-day for November 25th prior to the Thanks- giving Holiday, a half-day on December 23rd, and all of New Year's Eve (December 31st). December 2, 1998 (Regular Day Meeting) (Page 7) 000 .23 While we will be unable to consider the November 25th leave time for our employees, I am requesting that you authorize the half-day on December 23rd and New Year's Eve, which would be consistent with the Governor's additional holiday time granted to State employees. This item has been placed on your Consent Agenda, so, pending your approval, we will institute this schedule that is equitable to holiday leave granted to State employees by Governor Gilmore." By the above shown vote, the Board approved Mr. Tucker's request that County employees be given the following days' holiday leave: December 23rd (half-day), and December 31st. Item No. 5.3. Appropriation: Education, $3,566.63 (Form #98040). The executive summary states that, at its meeting on October 26, 1998, the School Board approved the following appropriations for V. L. Murray Elementary School: Appropriation of $6.63 for V. L. Murray Elementary School. Ms. Kathryn C. Thornton donated her car tax rebate to V. L. Murray Elementary School to purchase instructional supplies. Appropriation of $3,560.00 for V. L. Murray Elementary School. The International Reading Association awarded Ms. Paula E. White, teacher at Murray Elementary School, a Teacher As Researcher Grant in the amount of $3,560.00. This grant will fund the project Expanding Definitions: A Study of the Roll of Electronic Books in the Literacy Process. The qualitative study will examine the role of electronic books in the literacy acquisition process of early elementary students. From this information, case studies will be written and examined for categories related to the expanding definition of literacy, which includes all media. Outcomes may offer information for how teachers will use this new technology to guide children's literacy growth. Staff recommends the Board approve the appropriations, totaling 43,566.63, as detailed on form #98040. By the above shown vote, the Board adopted the following Resolution of Appropriation: APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER:' 98040 FUND: SCHOOL PURPOSE OF APPROPRIATION: DONATIONS FOR V. L. MURRAY ELEMENTARY SCHOOL. EXPENDITURE COST CTR/CATEGORY 1221561101601300 1310460216152100 1310460216135000 1310460216200000 1310460216550400 1310460216601300 DESCRIPTION INST/REC SUPPLIES SUB/WAGE-TEACHER P/T WAGES-OFC.CLERICAL FICA MILEAGE INST/REC SUPPLIES AMOUNT $ 6.63 110.00 1,099.78 100.22 800.00 1.450.00 TOTAL $3,566.63 REVENUE 2200018100181109 2310418000189919 DESCRIPTION AMOUNT DONATION $ 6.63 INT'L READING ASSOC. GRANT 3.560.00 TOTAL $3,566.63 Item No. 5.4. Revised FY 1999/2000 Operating Budget Calendar. December 2, 1998 (Regular Day Meeting) (Page 8) The executive summary states that, on October 7, 1998, the Board approved the FY 1999/00 Operating Budget Calendar, which included the follow- ing significant items: April 14 - Public Hearing on Board of Supervisors' Proposed Budget April 16 Additional Work Session (if needed) April 21 - Board Adopts FY 1999/00 Budget, Sets Tax Levy Board Adopts FY 1999/00 CIP Budget Board Approves FY 1999/00 2003/04 CIP In order to meet the traditional April 15 adoption date, and to set the County tax rates prior to the April 1999 tax mailing, the aforementioned April, 1999 budget dates have been moved forward by one week. The revised dates are: April 7 April 9 April 14 Public Hearing on Board of Supervisors' Proposed Budget Additional Work Session (if needed) Board Adopts FY 1999/00 Budget, Sets Tax Levy Board Adopts FY 1999/00 CIP Budget Board Approves FY 1999/00 - 2003/04 CIP A copy of the updated FY 1999/00 Operating Budget Calendar was provided to the Board. The public will be informed of these changes through different media during the budget process. Staff recommends approval of the revised FY 1999/00 Operating Budget Calendar. By the above shown vote, the Board approved the revised FY 1999/00 Operating Budget Calendar. Item No. 5.5. Letter dated November 20, 1998, from Ms. A. G. Tucker, Resident Highway Engineer, Department of Transportation, to Ms. Ella W. Carey, Clerk, regarding transportation items discussed at the November 4, 1998, Board meeting, was received for information. "We offer the following comments regarding transportation matters that were discussed at the November 4th Board meeting. Please note that resolutions to adopt "Children at Play" signs within neighborhoods should be corrected from "Child at Play" wording. We have placed orange construction flags on the Through Truck Restriction signs along Route 631, Rio Road, to assist in alerting truckers to the sharp curves. We are reviewing the addition of other signs and will advise the Board when this study is complete. I am continuing to gather information in response to · questions abut STP funding and the Meadow Creek Park- way, Phase II project. I will share this information with the Board after the first of the year. Item No. 5.6. Old Crozet Elementary School - report on status of facility from the Department of Engineering and Public Works. Ms. Thomas asked that the Board discuss this item along with the Capital Improvements Plan (CIP). Item No. 5.7. Copy of letter dated November 4, 1998, to Mr. Joseph M. Cochran, from Ms. Janice D. Sprinkle, Deputy Zoning Administra- tor, re: Tax Map 58, Parcel 82 Official Determination, Statement of Development Rights, was received for information. December 2, 1998 (Regular Day Meeting) (Page 9) 000125 Item No. 5.8. 1998 Third Quarter Building Report as prepared by the Department of Planning and Community Development, was received for information. Item No. 5.9. September 1998 Financial Report for the General, School, and Capital Funds, was received for information. Item No. 5.10. Arbor Crest Apartments (Hydraulic Road Apts.) Monthly Bond and Progress Report for the month of October, 1998, was received for information. Item No. 5.11. Notice of application filed with the State Corporation Commission by Virginia Electric and Power Company (Case No. PUE980727) to revise its fuel factor pursuant to Virginia Code Section 56-249.6, was received for information. Item No. 5.12. Copy of minutes of the Albemarle-Charlottesville Regional Jail Authority Board meeting of September 10, 1998, was received for information. Item No. 5.13. Copy of Planning Commission minutes for October 20, October 27 and November 3, 1998, was received for information. Item No. 5.14. Notice from the Department of Transportation of the following proposed highway improvement project: Route 29 Corridor, Proj: 6029- 963-F01,PE-100, From': 1-64 to: North Carolina State Line. (Amherst, Appomattox, Nelson, Albemarle, Bedford, Pittsylvania and Campbell Counties), was received for information. Item No. 5.15. Outline of Strategies Intended to Increase Citizen Participation in the FY 1999/2000 Budget Process, was received for informa- tion. Agenda Item No. 6. Approval of Minutes: March 20(A), 1995; February 14(A), 1996; March 24(A), 1997, March 4, September 9, September 16 and October 14, 1998. Mr. Martin had read March 20, 1995, and found them in order. Mr. Bowerman had read February 14, 1996, and found them to be in order with one minute book correction. Page 9, line 3 had read, "Mr. Bowerman asked where sidewalks were not included on East Rio." It was changed to read, ~Mr. Bowerman asked where sidewalks were to be included on East Rio." Ms. Humphris had read March 24, 1997, and found them to be in order with a few typographical errors. Mr. Marshall had read March 4, 1998, pages 1-15, and found them to be in order. Mr. Perkins had read March 4, 1998, pages t6-end, and found them to be in order, with a few typographical errors. Ms. Thomas had read September 9, 1998, pages 1-23, and found them to be in order, with a few typographical errors. Ms. Humphris had read September 16, 1998, pages 22-end, and found them to be in order, with a few typographical errors. Mr. Martin had read October 14, 1998, and found them in order. Motion was offered by Ms. Humphris, seconded by Mrs. Thomas, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: O00 2G December 2, 1998 (Regular Day Meeting) (Page 10) . .~ AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. NAYS: None. Agenda Item No. 7. Transportation Matters. Ms. Angela Tucker, VDoT Resident Engineer, provided an update on the Meadow Creek Parkway Agreement. She said Six-Year Secondary Road Plan money may not be available for this project. She said VDoT is committed to putting together an agreement specific to the County for review by mid-January. The agreement should then be in place within two to three months, at which time a consultant can be brought on Board for Phase II of this project. The plan is that this year plans will be finalized, a center line requirement will be in place, and agreements will be reached with developer(s), who may be responsi- ble for building that piece of road. Mr. Martin asked if construction on Phase II will be phased in. Ms. Tucker said VDoT is currently looking at the piece of roadway from Rio Road to Route 29. Construction may be phased. Mr. Tucker added that Mr. Bowerman and Mr. Martin will serve as liaisons and will have the opportunity to review the agreement. Mr. Bowerman said the location of the bridge crossing is going to be key in determining the path of the road. Mr. Tucker advised the Board that Mr. David Benish, Chief of Community Development, has scheduled a workshop for the public from 5:00 to 7:00 p.m. at Jouett Middle School on December 10, 1998, to advise the public of proposed streetlight projects. Staff will report back to the Board in January. A number are CIP projects; others are requests from Board members or the public. Mr. Marshall said it is so dark at the entrance to Monticello High School, that some women have expressed concerns about their safety at the traffic light on Route 20. Ms. Thomas asked if VDoT takes into account the way the pupils dilate when exposed lights, saying that staff needs to ensure a level of lighting that does not blind drivers. Mr. Bill Mawyer, Director of Engineering and Public Works, said V DoT takes these and other factors into consideration when they review requests. Ms. Thomas mentioned that VDoT held a meeting (purpose of the meeting was not stated) on the previous day from 4:00 to 7:00 p.~. She felt it ended too early to accommodate the public. Regarding the traffic light in front of the Boar's Head Inn, Mr. Perkins said traffic is often backed up at that intersection. Ms. Tucker said VDoT is examining the sequencing of that light. A technician noticed an erratic traffic pattern varying from one day to the next. She will follow-up with the technicians and report to the Board. Mr. Perkins asked about the speed limit on Miller School Road. He compared that road to Route 6 in Nelson County, which he considers a speed trap, due to the 45 mph speed limit. He believes the speed limit should be consistent through the various counties. Ms. Tucker said road side character- istics and accident records are factored into speed limit decisions. She will report back on what the study of Miller School Road showed. Ms. Thomas asked about Plank Road, saying that Ms. Tucker had told her the speed limit would be reduced to 35 mph. Ms. Tucker said she has not yet received approval to reduce the speed limit, but it is coming. MS. Thomas asked about the coordination of traffic lights in the area (no details were provided). Ms. Tucker said VDoT is still working on it. Mr. Bowerman asked about the underpass on Polo Grounds Road, saying it is a traffic hazard. Ms. Tucker said she asked that that section of roadway December 2, 1998 (Regular Day Meeting) (Page 11) be reviewed, and she will follow up on her request. Mr. Bowerman said VDoT should be able to come up with an inexpensive remedy to regulate the traffic. Mr. Martin said local citizens know how to maneuver through the underpass, but other people traveling to soccer games in the area will have problems. Ms. Tucker said VDoT also has to consider whether or not repairs need to be made to the underpass itself; if so, it would be good to coordinate all the work at the same time. Mr. Martin said VDoT needs to proceed carefully so that traffic is not held up by red lights. He suggested VDoT consult with residents to make sure they are not inconvenienced. Ms. Thomas thanked VDoT for opening the bridge in ~he North Garden area ahead of schedule. On an unrelated matter, regarding Ms. Thomas's request that Ms. Tucker contact residents in the area (a reason for the phone calls was not given), Ms. Tucker said she is still attempting to reach the residents. Agenda Item No. 8. Presentation: Albemarle County Social Services Advisory Board FY 1998 Annual Report. Ms. Martha Harris, Chair of the Board of Social Services, presented a report on the Social Services Advisory Board FY98 annual report, to familiar- ize the Board with the many programs and services the department is responsi- ble for delivering and administering. There has been much media coverage about welfare reform on the national level, as well as with state and local agencies. Although it is still too early to draw any long-term conclusions, the short-term results are encourag- ing in some areas. Under the Benefits Program umbrella, there have been reductions in caseload numbers in three programs. Temporary Assistance for Needy Families (TANF) has seen the number of cases under'care decline by 24 percent, and the number of incoming TANF applications decrease by 11 percent. Although the General Relief Program was not impacted by Welfare Reform, the number of cases under care in the General Relief Program has diminished quite significantly since July, 1997. A 32 percent reduction in caseload has been realized. The Food Stamps Program caseload has decreased by 9.1 percent since June, 1997. The Medicaid Program has, however, seen a seven percent increase in cases since July, 1997. The factors that contributed to this increased caseload are fewer cases being closed or transferred, fewer applications being denied, and several new categories being added to the Medicaid Program. Ms. Harris said the Board of Social Services is very pleased with the overall reduction in the Benefits Programs' caseload, but is alarmed by the increasing number of children taken into foster care, which has increased by 94 percent during FY 98. Not only have caseloads increased, but tremendous growth trends are compounded by more and more children requiring specialized placement. This causes a large burden on funds. There has also been a disturbing increase of 23 percent in child abuse/neglect cases. Social Services is in the second year of a three-year- old Child Protective Services (CPS) pilot that allows cPS to respond to allegations of child abuse or neglect with differing protocols. This triple track program is targeted to improve social worker assistance to the family with one of three tracks, based on the severity of the alleged abuse or neglect. The third category of programs is Employment and Day Care Services. This has been another positive arena with the implementation of the Virginia Initiative for Employment Not Welfare (VIEW). A special program, which has been expanded this year and which offers great promise to ~at risk" four-year-olds, is Bright Stars. This is a collaborative effort between Social Services, County schools and community agencies to provide supportive services to these children. There are four Bright Star Programs in the County. They are in the Stone Robinson, Agnor- Hurt, Greer, and Cale Elementary Schools. December 2, 1998 (Regular Day Meeting) (Page 12) Ms. Harris said the department is pleased to welcome Ms. Addie Armstrong as Assistant Director in February, 1998, and knows she will contribute much to the operation of the department. She further complimented and recognized staff and administrators of the department for their efforts in providing critical services to the community. The work has been accomplished very professionally, and, at times, under very difficult circumstances. Additionally, they ha~e been able to achieve this within the department's overall budget, resulting in it being ~in the black" by $80,554. Mr. Bowerman asked what has been the reason for the huge increase in the number of children in foster care. Ms. Kathy Ralston, Director of Social Services, said a variety of things contribute to the problem. Mr. Bowerman asked if it is the result of families going off assistance. Ms. Ralston replied, uno." Mr. Martin said it is due to dysfunctional families. Ms. Ralston said that over the past ten to 15 years, the nation made a shift toward family preservation in order to keep children home with the family, at all costs, rather than moving children from the home. Foster care was not always the answer. The shift is now moving toward the middle. Over the past few years, many children have been in the ten- to 14-year-old age range. The concern is that children have been left in homes too long in an attempt to preserve families. Judicial orders are now removing children from bad homes, and this will continue in the future. Additionally, there is a new July, 1997 Court Improvement Program Law, and the Safe Families Act from the fall of 1997, which require that permanency be established within six months of a child coming into permanent care. This means families have to get their act together faster now. Mr. Bowerman asked why, if someone was willing to provide foster care for ten years, they do nou adopt the child. Mr. Martin said that is not always practical. Mr. Marshall said many people take foster children for the income. Ms. Ralston strongly disagreed. The amount of money provided is pitiful, as low as $300 per month and $100 for clothing per year. She said kennel fees are higher than the money provided for care of children. Dysfunc- tional children disrupt homes, so people involved in foster care do not do this for the money. Mr. Bowerman said Social Services is moving toward a positive change. Ms. Ralston said the workload has doubled, but no additional relief has been provided in terms of people to do the work. She added that currently only six people can be on the computer system at one time. She hopes the number of children coming into foster care will be reduced through the Family Support Program. Mr. Marshall said one facility was closed because'they could not provide psychiatric care. Ms. Ralston said children are now going into foster homes at younger ages. Disturbed children are placed in psychiatric residen- tial or specialized foster care in private homes with ~wrap around services" provided to them. Ms. Harris addressed the reason families serve in foster care. She attended a recent Tri- Area Foster Families (TAFF) session. Foster parents shared moving stories with the panel, which demonstrated that people are not in it for the money. Ms. Thomas noticed an additional 700 cases may be added to the Medicare load. The department received only $14,000 to fund the increase, which is not even enough to fund one position. Note: Mr. Bowerman left the room at 9:55 a.m. Mr. Marshall said it is distressing that family values have deteriorated so much these days. Ms. Ralston said stresses are different than they used to be, for both children and families. Agenda Item No. 9. Update: Purchase of Development Rights (PDR) Funding Options. December 2, 1998 (Regular Day Meeting) (Page 13) 000 9 Mr. Tucker summarized the executive summary, which stated that, at its November 4th meeting, the Board requested additional information on potential funding sources for a Purchase of Development Rights (PDR) program for Albemarle County, specifically on the use of Tourism Fund revenues and a possible county-wide referendum. When considering potential funding sources for a PDR program, four options are available to the Board. Tourism Fund Revenues. These revenues will average approximately $715,000 a year for the next five years, although several commitments already exist for those funds. The remaining funds available total approximately $350,000 a year, except for FY 2001/02, when tourism revenues are expected to fund the Ivy Road Bike Lanes. Tourism Fund reserve revenues could be avail- able to the PDR program, but only on a case-by-case basis. State law allows the County to use three percent of the transient tax revenues only for tourism and travel-related expenditures, so eligibility would need to be tied to the specific development rights being purchased and the use of those development rights. Public Referendum on General Obligation (GO) Bonds for a PDR Program. A public referendum could be held to issue GO bonds to finance a PDR program. However, prior to proceeding with plans for a referendum, the Board would need to decide how much it wants to borrow to implement a county-wide PDR program. Although the PDR committee's report requested an initial commitment of $1.0 million for the program; the amount of funding required to sustain a success- ful or meaningful program has not yet been determined. Before considering a referendum, the ongoing cost of a PDR program for the County requires further investigation and the possible assistance of a financial advisor. An advisor would provide a better understanding of the long-term costs of a PDR program and help establish maximum and minimum funding levels prior to a bond referen- dum. A financial advisor would also be able to assist staff in developing the most effective way to raise the required funds without jeopardizing the County's bond rating or its ability to borrow for other needed capital projects. If the Board only wishes to commit to an annual investment of $1.0 million to the PDR program, combining a PDR bond referendum with a bond referendum for other capital-related projects makes more sense. Since issuing GO bonds requires a great deal of preparation time and expense, i.e., hiring a bond consultant, preparing a bond portfolio, and obtaining a bond rating, it would be relatively expensive to issue the GO bond unless the issue was large enough that the reduced cost of borrowing would outweigh the issuance costs. The Department of Finance has indicated that a referendum should be for a minimum $20.0 million bond. The PDR question could be presented to the public along with several other major capital projects for general government, such as a new juvenile courthouse, library, public safety facilities, etc., to create a viable GO bond package. Virginia State law does not allow a County to hold an Advisory Referen- dum simply to pose the question of whether a Board should take a particular action. The referendum has to address the question of whether to issue long- term debt for a particular project. Public Referendum on an Agreement to Commit (x) Cents on the Tax Rate to a PDR Proqram. The Board could authorize a public referendum on an agreement, similar to the Revenue Sharing Agreement, to commit a certain amount of the tax rate to a PDR program. This option would provide an opportunity for public discussion and, if approved, would give the Board the mandate to increase the tax rate to fund a PDR program. This option would provide public input and direction without the expense of issuing GO bonds for a PDR program. This option would require identifying an entity that the County could enter into a contract with requiring the County to expend funds for a PDR program, which would bind future boards to what would legally be ~alled "long-term debt". A formula or benchmark for the amount of mandated payment by future boards would be a critical element of that contract. The referendum would be to accept or reject this long-term debt. Fund Balance. Should the Board wish to fund the PDR program within current revenues, and without increasing taxes, $500,000 could be approved and transferred from the County's General Fund balance. However, unless an immediate commitment is required to begin this program, the Board may want to defer a funding decision until they have had an opportunity to review both the FY 99/00 capital and operating budgets. Although the PDR program is impor- tant, committing sizeable funding to PDR's at this time may be premature and December 2, 1998 (Regular Day Meeting) (Page 14) outside the context of other public needs reviewed in the normal budget review process. Mr. Tucker said if the Board wishes to pursue the idea of funding PDR's through a referendum for GO bonds, staff will begin to develop costs and a proposed time line to present to the Board in February. To assess the true financial costs of an effective PDR program, staff would recommend hiring a financial consultant to provide some additional fiscal a~alysis of the program and the bond referendum process. ~ I Should the Board wish to commit immediate ~ staff will prepare a transfer appropriation for $500,000 to begin implementing funding to the PDR program, the program. Tourism funds of approximately $350,000 will be available to the PDR program on a case-by-case basis, depending on the link to tourism or travel. He added that there are some things happening at the state level, pending approval by the General Assembly, that were unknown in November, such as additional funding for the schools and additional 599 funds. Those funds can help the County work through some of these issues, but they will not solve all of them in terms of the CIP time line. Because there are major commit- ments of revenues, he felt the Board needed to consider both the GO bond and other major projects. Staff will provide the Board more of a time line at its February meeting, if they choose to go the GO bond route. Note: Mr. Bowerman returned at 9:58 a.m. Mr. Marshall said he did not realize the County was considering issuing bonds for the firehouse and library. Mr. Tucker said there is currently inadequate funding for these projects unless the County raises taxes. The County could also postpone the projects. The only caveat he knows about now is what is happening at the state level. The additional funds will not wipe out all of the needs, but it will help fund some of the capital projects. On the other hand, a lot can happen with the General Assembly. · 1 Mr. Bowerman said if there is a voter referendum on two cents of the tax ~ rate devoted to the PDR program, there would be no interest payments. Tax dollars would go directly into funding until the program stops. The other recommendations are not "real time"; they are capital items that require a lot of money in one year, and then there is a payback. Bundling them together makes it more difficult, in his opinion. The idea of having an agreement with the citizens on what to do with the two cents ms complicated if it is combined with capital items. Mr. Tucker said there would be two different issues. The GO bond would be the approach that would be tied with capital items. It does not make fiscal sense to go after the $1.0 million investment. Mr. Bowerman said the agreement could not be used to fund long-term debt. Mr. Tucker said that, in a way, long-term debt is funded, because the Board would be commit- ting itself to debt. There would have to be two referendums if the Board wants to do that. Ms. Humphris said she supports the concept of PDR's, because the County needs to contain sprawl. Yesterday she saw materials that showed that PDR programs put before the public are more successful at ge6ting funding if there are a couple of year's figures to back it up. Ms. Thomas said she saw the same materials. The ones that were in existence before going after funding with a public vote were more successful than new programs. There were 224 measures that went to referendum throughout the country, and 75 percent were successful. i' ] Ms. Humphris said this is not cutting-edge. Smaller counties have  passed such referendums. For example, New Hope, Pennsylvania passed a $4.0 million referendum this year, and Buck's County, Pennsylvania passed a $57.0 or $59.0 million referendum for PDR's. She wonders about the cost, what criteria must be met, and the amount of money the County is considering. She _ would like to discuss the possibility of using monies from the Tourism Fund and the Fund Balance for two years to see if the program can get up and running so that it sells itself to the voters as worthy of a tax rate in- crease. Ms. Thomas said it is dangerous to start at too low a level, because it can jeopardize other programs if the PDR program fails. The Board has told the committee to develop a consensus, and now she feels like the Board ms sending mixed messages. Mr. Marshall said he agrees with Ms. Humphris, and December 2, 1998 (Regular Day Meeting) (Page 15) 000' 31 the program should be funded. He suggested the Board hear from Ms. White and then return to the discussion. Ms. Sherry Buttrick, Chair of the PDR Committee, said the committee suggested an annual appropriation of $1.0 million per year, which was not the ~politically cagey" thing to do. The "politically cagey" people suggested the committee recommend two or three times the amount needed, hoping that once the program was cut, it would wind up with the $1.0 million per year, which is the minimum needed to make such a program successful. Less than that would be a pilot-like program that might not show good enough public benefit. Everyone on the committee she spoke with felt they would like to see the program funded out of existing revenues. There was no support whatsoever for a general obligation bond. The Farm Bureau representative said other needs would kill the program, so they would not support it. There is more preliminary support for a tax referendum that would actually earmark 1.5 cents on the tax rate, but everyone agrees they do not want to do that for at least two years. They would prefer to get the program up and running and let the public see that it works. Additionally, they have to make sure there are even landowners who want to participate. The committee would like to get some predictability of the Tourism allocation, and eligible properties should be identified. This could also be of assistance when seeking other monies. She added that the committee had suggested that using the VDoT Revenue Sharing Transportation Fund is worthy of the Board's on-going consideration. Mr. Marshall asked if the Board wished to wait until the CIP was discussed before taking action. Mr. Tucker said the CIP is tied more to the GO Bond. If the Board wants to move toward interim funding, it could act on this item now, using Fund Balance and Tourism Revenues. Mr. Marshall said the Board was talking about $1.0 million, and he only saw $850,00. Mr. Tucker said the Board has to live with what is available. Ms. Thomas said the state may provide some funds, but they would be tied into solid waste. She added it is possible PDR funding at the state level may apply only to areas with programs already in place. Mr. Tucker said the amount he suggested is just a recommendation. The Board might decide, after looking at the figures, to use the operating budget to fund the additional needs. There is the possibility of some state funds, or the Board could use the VDoT Revenue Sharing Transportation Fund, if they so choose. Mr. Perkins asked how much the Board has been getting in the past. Mr. Tucker replied that it has usually been $100,000, but the state could come up with additional monies. Ms. Humphris asked if this part of the funding package could be left up in the air. Mr. Tucker said it is up to the Board to identify priorities. Mr. Martin said the Board has to put its money where its mouth is. It is a good idea to have something in place a couple of years b~fore going to a referendum. At that time the public can tell the Board whether they want to proceed with the program. Usually the Board makes the rules, and the property owners have to live with them, at the taxpayers' expense. This program is, therefore, important and should be adequately funded. The Board should show its resolve now, and the public can'show its resolve two years from now. Ms. Humphris noted that the County asked for $500,000 from funding from VDoT this year, but only received $385,000. She asked Mr. Cilimberg to explain what the back-up plan was to have been. Mr. Cilimberg said the remainder of monies in the CIP were to be used for traffic calming, sidewalks, etc., as long as VDoT bought into the traffic calming program. Staff is working on speed study projects now. Staff is pushing VDoT to be more liberal in its speed regulations, because right now the measures do not serve neigh- borhoods very well. He added that, in the past, staff has used these monies for other projects such as Berkmar Drive and the Meadow Creek Parkway. Ms. Humphris said the Board has to make choices. If it is the consensus of the Board to move froward with the PDR program, it will not be able to nail down funding sources until it works through the budget. Mr. Tucker said it is important to commit the Board to a two-year window, since the fund balance is insecure and can fluctuate. Mr. Bowerman agreed that it is good to measure public response and participation after two years' time.. Mr. Martin said if the Board earmarks the Tourism Fund for entrance corridors and the Monticello viewshed, there are people who might donate additional funds. December 2, 1998 (Regular Day Meeting) (Page 16) 000'1.32 Mr. Martin moved that the PDR program move forward utilizing funds staff had identified, plus any additional funds, and asked staff to prepare a transfer appropriation in the amount of $500,000. Ms. Humphris seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. None. Note: The Board took a break at 10:30 a.m. and returned at 10:38 a.m. Agenda Item No. 10. Presentation: FY 1999/2000 Recommended Capital Improvements Program. Ms. Roxanne White summarized the executive summary, which detailed the recommended Capital Improvement Program (CIP) for FY 99/00 to FY 03/04 from the CIP Technical Review Committee. She said this work session will provide an overview of the recommended capital projects for the next five years for both General Government and the School Division. A public hearing is tenta- tively scheduled for January 13th, with approval of the five-year plan on February 10th. Final adoption of the FY 99/00 CIP budget is scheduled for April 14th, in conjunction with the FY 99/00 operating budget. The FY 99/00 - FY 03/04 CIP totals $50.52 million, which includes $15.744 million for General Government projects, $34,220 million for School Division projects, $0.445 million for tourism projects, and $0.11 million for storm water projects. The CIP Technical Committee balanced the FY 99/00 - FY 03/04 projects within available revenues, i.e., general fund transfers and debt service levels, that were approved in the FY 98/99 - FY 02/03 CIP. This left approximately $12.0 million of requested General Government projects unfunded, and $10.5 million in unfunded School Division projects. The Technical Committee does not recommend changes to School Division projects, but only recommends a funding level for the General Fund transfer and debt service around which the School Division can build their CIP budget. If the school CIP is approved as recommended, the School Board will then need to reduce their requested CIP by $10.5 million; however, options will be presented. The specific project reductions or deferrals would be determined by the School Board prior to the January public hearing. Ms. White said the Planning Commission, at its November 17, 1998 meeting, reviewed and approved the proposed CIP. General Government Fund Overview. Requested projects total $27.752 million. Projects funded over the five-year period total $15.744 million, leaving $12.008 unfunded. General Government - Administrative Courts. The County computer upgrade continues; $220,000 was added into the last year of the CIP to fund it. There have been significant changes in monies for County Office Building mainte- nance/replacement. Those monies will increase in the future. The Juvenile Court building will probably be replaced. A courthouse replacement study is underway to replace the Juvenile Court facility and increase General District Court space. It is estimated that the total cost of that project will be up to $10.0 to $30.0 million, but staff put in $5.0 million as a minimum esti- mate. Mr. Huff said there is no money in the five-year plan. Court staff said an interim plan has to be in place until the project is done. In late January, or early February, staff will present an interim plan to the Board. A committee is also examining the cost comparison between tearing down the old jail and refurbishing it. Public Safety Projects. There is an on-going building and equipment fund for fire and rescue construction that adds about $500,000 in the last year. There are plans for the construction of a fire and rescue station in FY 2001. The Juvenile 'Detention Facility is unchanged at $1.466 million. It should be completed in the summer of 2001. A Regional Police Firing Range and Training Facility at a cost of $1.2 million to the County will be shared with the City and the University of Virginia. Mr. Martin asked if any other counties were interested in this endeavor. Ms. White said no one has pursued that, nor have they looked into private use. A mobile command center will December 2, 1998 (Regular Day Meeting) (Page 17) 000 .33 replace the bus currently in use; this is another regional project shared with the University and City. Unfunded projects include fire/rescue management software to track activities. The department is not currently compatible with the police department or Egll. A public safety facility will house police and fire rescue. Firearms will be stored there, and it will provide a training facility. Highway/Transportation. Sidewalk construction includes projects not already on VDoT or Neighborhood Improvement projects lists. Mr. Cilimberg advised the Board that Engineering did an estimate of 20'sidewalks, which would cost over $300,000. Mr. Tucker said this is due to grade problems, not actual construction. It is not easy to put in simple temporary solutions. On the west side of Route 20 North, the County might be able to put in a sidewalk on a portion of the west side. That project is being reviewed. This would require a crossing at the Elks Drive intersection. A developer may be willing to build sidewalks, but they cannot be required. He said staff will know more when it is time to approve the budget. Ms. Thomas said she thought the unfunded project amount would be much higher. Ms. White said the amount will not cover the projects; this will be an ongoing requirement. Mr. Cilimberg said staff has only asked for what was received last year. Needs far exceed these figures. Ms. Thomas said she is concerned about not showing a need for Neighborhood Improvement funds. Library Pro~ects. The computer upgrade will be completed, at a cost of $0.146 in FY 00/01. Maintenance/Repair is budgeted at $0.187. Parks/Recreation Projects, The cashier booths will be replaced at three parks: Walnut Creek, Chris Greene and Mint Springs, as there was no money in the department budget. The County plans to buy a 7-acre parcel next to Chris Greene Lake, at a cost of $0.113 million. The Monticello Recreational Facility will fund a feasibility study to see if the County can build a 50- meter swimming pool. Crozet Park fields will be completsd, as will an Ivy Landfill Recreational area. Lighting at PVCC will be provided for the softball fields. A Southern Albemarle Park is proposed for a ten-acre site located across from Yancey School in Esmont. Funds have been set aside to irrigate Henley and Jack Jouett athletic fields. Additionally, $0.125 will finish up a lot of projects in the Scottsville area. A technical committee is looking at expanding both the gym at Northern Elementary and Hollymead Elementary Schools to provide 9,000 square foot gyms and to add bleachers. Irrigation of Little League fields at Towe Park will cost $0.020 million, but the City will reimburse $8,000. Walnut Creek Improvements will be completed. Ms. Humphris said she read somewhere that the City is going to share the cost of lighting Towe Park. Mr. Martin said that was a mistake. Mr. Mullaney said that came from the Athletic Field Study. One recommendation of the study is to consider the lighting of the Towe Park softball fields. Mr. Bowerman and Ms. Humphris said that might as well be taken out right now, because the Board is committed to that neighborhood. Mr. Mullaney said the City/County agreement states that no lighting of the Towe Park facility will take place during the first three development stages. The intent was to argue the value of lighting the park, but this will need to be discussed further. Unfunded projects include ADA Improvements, athletic field development, and an urban area gym. The gym was a proposal for a new gym to be built in an urban area to relieve the congestion at current recreatiOnal spaces. Ms. Thomas asked if the Chris Greene property will be available if the County does not buy it now. Mr. Mullaney said the property is currently on the market. He said the fact that the project has been pushed back four years tells him to forget about that property. If the property is purchased in the future, the amount will have to be increased due to inflation. Ms. Thomas said the County should either make the purchase now or remove it from the list of projects. Mr. Huff said there are other reasons why the property has not yet sold. (Note: At this time, the Board moved to the scheduled public hearing.) Agenda Item No. 11. 11:00 a.m. Public hearing to consider an ordinance to amend and reordain Chapter 4, Animals and fowl, Article II, Dogs and Other Animals, of the Code of Albemarle, in §4-213, In certain areas, to add December 2, 1998 (Regular Day Meeting) (Page 18) 000134 subsection (36) to readopt and reordain the designation of Lexington Subdivi- sion as previously adopted on March 12, 1997, as one of those areas where dogs are prohibited from running at large, and to add subsection (37) to include Bedford Hills Subdivision as one of those areas where dogs are prohibited from running at large. (Advertised in the Daily Progress on November 16 and 23, 1998.) Mr. Tucker summarized the executive summary, which stated that, under § 4-213 of the County Code, homeowners may request the restriction of dogs running at large in certain areas approved by the Albemarle County Board of Supervisors. The Bedford Hills Homeowners Association requests to be included in the County's Dog Leash Ordinance. Of the 52 homeowners located in the Bedford Hills Subdivision, 29 have signed a petition supporting the adoption of the leash law request; 13 are opposed to the request, and ten are neither in favor nor opposed to the request. The petition is on file in the Clerk's Office and a permanent part of the record. The Lexington Subdivision had previously submitted the required documen- tation for inclusion in the Dog Leash Ordinance, but was omitted from the current list during the recodification process. Therefore, a public hearing is required to amend the County Code. The petition submitted by the Bedford Hills Subdivision meets the criteria for the Board to authorize amending the County Code. With over 55 percent of the homeowners signing the petition, the 51 percent threshold has been reached to include Bedford Hills Subdivision in the Dog Leash ordinance. Staff recommends the Board readopt and reordain the designation of the Lexington Subdivision as previously adopted on March 12, 1997 as one of those areas where dogs are prohibited from running at large. Mr. Bowerman asked where the subdivision is, but no one knew, except to say it is in the Earlysville area. Mr. Davis noted this was simply previously omitted from the Code. Mr. Marshall opened the public hearing. Mr. Greg Gordon, a Bedford Hills resident, said the petition was begun by a new resident as the result of a feud with one dog. There has never been a problem in the past, and he felt dogs should be allowed to roam. He said the petition may not have been submitted accurately to residents, and that it is unreasonable to expect dogs to be chained up after having been able to roam freely in the past. Ms. Thomas asked how long the subdivision has existed. Mr. Gordon replied, "Thirty years or more." Ms. Sandy Mawyer, a Bedford Hills resident of 14 y~ars, owns the dog that Ms. Hayes, who began the petition, does not like. She said dogs love to run, and are not mean. She lives in the rural area so that her dogs can roam. She said the residents maintain the roads, and therefore should be able to handle this situation themselves. Mr. Martin asked if Ms. Mawyer knew the residents had signed the petition. Ms. Mawyer said she did, but was not sure the residents knew what they were signing. Ms. Harri Wasch, president of the homeowners association, said at least two people had asked her to see that a leash law was implemented. She polled her board, and all but one person desired a leash law. At the annual member- ship meeting the announcement was made that a leash law was being discussed, and that all interested persons should participate. Ms. Wasch said Ms. Hayes even went so far as to make calls to encourage neighbors to come. Ms. Hayes said she has been having trouble with dogs in the neighbor- hood, and that other families have also complained that one particular dog _ will not leave their yards. Families want protection for their young chil- dren, and so do the elderly. Long-term residents are in favor of the leash law, as well as newcomers. She added that she did not misrepresent the petition. Mr. David Schumacher, a resident of the area for 11 years, said most residents of that area have cattle and horses. He said this is mostly a community of elderly citizens, and not many in the area have children. He has never had a problem with dogs and does not feel a leash law is necessary. December 2, 1998 (Regular Day Meeting) (Page 19) 000135 With no one else rising to speak, Mr. Marshall closed the public hearing. Mr. Bowerman read the wording of the petition aloud to the Board. He then concluded its intent was very clear. He said the county has leash law policies because neighbors sometimes cannot settle their problems. He said if his dog bothers someone by running loose, the dog is no longer allowed to run loose. He therefore moved that the Board adopt an ordinance to amend the County Code to include Bedford Hills Subdivision as an area where dogs are prohibited from running at-large, and to readopt and reordain the designation of the Lexington Subdivision as previously adopted on March 12, 1997, as one of those areas where dogs are prohibited from running at large. Ms. Humphris seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. None. Ms. Humphris said this is the fair thing to do since the majority of the residents want it. Everyone has a right to enjoy their property. If homeown- ers cannot resolve their problems, the Board unfortunately has to get in- volved. Ms. Thomas asked if there is an opposite provision if problems arise when dogs howl because of being chained up. Mr. Davis said the only recourse is to repeal the Ordinance through a majority vote. Mr. Martin said he does not like leash laws, but the neighborhood majority rules, and Mr. Marshall agreed. Mr. Bowerman said he had asked for a review of the police policy for handling such complaints, and found that this is a low priority matter unless the dog bites someone. The dog warden deals with repetitive complaints on one identified dog and can fine the owner. ORDINANCE NO. 98-4 (_1) AN ORDINAi~CE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County'of Albemarle, Virginia, that Chapter 4, Animals and Fowl, Article II, Dogs and Other Animals, Division 2, Running At Large, is hereby amended and reordained as follows: By Amending: Section 4-213 In certain areas. CHAPTER 4. ANIMALS AND FOWL ARTICLE II. DOGS AND OTHER ANIMALS DIVISION 2. RUNNING AT LARGE Sec. 4-213 In certain areas. A. It shall be unlawful for the owner of any dog to permit such dog to run at large at any time within the following designated areas of the county: × (1) University of Virginia grounds lying within the county. (7-19-73) (2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office of the county: Section 1, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (7-19-73) (3) Woodbrook Subdivision as platted and put to record in the clerk's office of the county: Section 1, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed Book 386, page 39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5, Deed Book 402, page 111; section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section 8, Deed Book 459, page 209; section SA, Deed Book 481, page 231. (8-22-73) December 2, 1998 (Regular Day Meeting) 0001~G (Page 20) .... (4) Georgetown Green as platted and put to record in the clerk's office of the county in Deed Book 440, page 93. (9-26-73) (5) Crozet areas, beginning at a point, a corner common to parcels 96, 46 and 45B of section 56 of the county tax maps; thence in a westerly direction and 45B of section 56 of the county tax maps; thence, in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the county tax maps to the centerline of State Route 240; thence with State Route 240 north to the intersection of the northeastern corner of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with the northern boundary of parcel 11 to a corner with parcel 10D of section 56 of the county tax map; thence, in a southerly and westerly direction with the eastern and southern boundaries of parcels 10D, 10 and 9 of section 56 and parcel 69 of section 55 to a corner with parcels 69 and 7lA of section 55; thence, with the boundaries of parcel 7lA of section 56 in a southerly, westerly and northerly direction to the corner with parcel 70F of section 55; thence, in a westerly direction with the southern boundaries of parcels 70F, 72 (13), and 72B of section 55 to the southwestern corner of parcel 72B, a corner common with parcels 74 and 75 of section 55; thence, with the eastern boundary of parcel 74 in a northerly direction to the center of State Route 691 and continuing in a northerly direction across State Route 691 and along the eastern boundary of parcel 66 of section 55 to a corner with Orchard Acres, (section 55C); thence, with Orchard Acres in a clockwise direction to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northern right-of-way; thence, in an easterly direction along the C & 0 right-of-way to its intersection with the western boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its intersection with the western boundary of parcel 51 of section 55; thence, in a northeasterly direction along the western boundaries of parcels 51, 50, and 49 section 55 and parcel 1 of section 56 to a corner with parcel 48 of section 55; thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of se6tion 55 and the southern and western boundary of parcel 47 of section 55 continuing in a northeastern direction along the western boundaries of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of section 55, parcel 17 of section 40 and Sunrise Acres (section 40A); thence, with Sunrise Acres in a clockwise direction to the intersection with the centerline of State Route 810; thence, in a southwesterly and south-easterly direction with State Route 810 to the intersection with the southern boundary of parcel 64 of section 56; thence, in an eastern direction with the southern boundary of its inter-section with parcel 66 of section 56; thence, in a southerly and easterly direction around the western and southern boundaries of parcel 66 of section 56 to its inter- section with parcel 66B of section 56; thence, in an eastern direction along the southern boundary of parcel 66B, section 56, to a corner with parcel 58 of section 56A (2); thence, in a southerly and easterly direction along the western boundary of parcel 58 to section 56A (2) to its inter-section with State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0 Railway to a corner common to parcels 67 and 68 of section 56A (2) on the southern right-of-way of the C & 0 Railway; thence, with the southern right-of-way of the C & 0 Railway in a westerly direction to its intersection with a corner common to parcel 58 of section 56 and parcel 7lB of section 56A (2); thence, in a southerly and easterly direction along the western and southern boundary of parcel 58 of section 56 to a corner with parcel 57A (1) of section 56; thence, in a southerly and.easterly direction along the western and southern boundary of parcel 57A (1) of section 56 and the southern boundary of parcel 57 of section 56 to a corner with parcel 55 of section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a corner with parcel 54 of section 56; thence, in a southeasterly direction with the southern boundary of parcel 54 of section 56 to its intersection with parcel 48 of section 56; thence, in a southeasterly and southern direction along the eastern boundary of parcel 48 of section 56 to its corner with parcel 47 of section 56; thence, in a southerly direction along the eastern boundaries of parcels 47 and 46 of section 56 to the point of beginning. (6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the county in Deep Book 449, page 637 and Deed Book 452, page 87. (12-19-73) (7) Camelot Subdivision as platted and put to record in the clerk's office of the county in Deed Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (1-23-74; 5-21-86) December 2, 1998 (Regular Day Meeting) (Page 21) ..... (8) Sherwood Manor Subdivision as platted and put to record in the clerk's office of the county in Deed Book 504, page 114 and Deed Book 514, page 505. (1-23-74) (9) Four Seasons as platted and put to record in the clerk's office of the county in Deed Book 467, page 378 and Deed Book 481, page 417. (3-27-74) (10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the county in Deed Book 452, page 165 and Deed Book 491, page 3. (3-27-74) (11) Westmoreland Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29; section 3, Deed Book 419, page 265, and section 4, Deed Book 423, page 19. (5-22-74) (12) Hessian Hills Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327; section 3, Deed Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10-9-74) (13) Knollwood Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, in Deep Book 272, page 3. (Does not include Old Forge Road or Hessian Hills Apartments.) (10-9-74) (14) Stonehenge Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, in Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages 326, 345, 346, 347, 348, 522 and Deed Book 550, page 320. (1-22-75) (15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 395, page 6. (3-10-76) (16) Country Green Apartments as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 453, page 553. (12-7-77 (17) Oak Hill Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed Book 396, page 291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed Book 441, page 299 and Deed Book 468, page 85. (5-22-78) (18) Westgate Apartments (County Tax Map 61, parcels 42, 42C and 42D) as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 497, page 636; and Deed Book.529, page 147. (5- 22-78) (19) Solomon Court Apartments (County Tax Map 61, parcels 42 and 43D) as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 349, page 390; Deed Book 353, page 145 and Deed Book 430, page 181. (5-22-78) (20) Carrsbrook Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed Book 380, pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (6-21-78) (21) Deerwood Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 426, page 457; and Deed Book 455, page 16. (6-21-78) (22) Greenbrier Heights Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 550, page 601. (10-7-81) (23) Huntwood Subdivision as platted and recorded in the office of the clerk of the circuit court in Deed Book 728, page 377; and Deed Book 728, page 378. (5-13-87) (24) Hollymead as platted and recorded in the office of the clerk of the circuit court for the following areas: Sections 1 and 2 in Deed Book December 2, 1998 (Regular Day Meeting) (Page 22) 000 .35 531, pages 309 through 313; section 3 in Deed Book 714, page 444; Hollymead Square in Deed Book 633, page 330; tax map 46, parcel 28G in Deed Book 418, page 440; tax map 46, parcel 26B2 in Deed Book 741, page 304; and tax map 46B1-01-1 in Deed Book 489, page 381. (9-16-87) (25) The urban area of the county, the communities of Hollymead and Crozet and the village of Scottsville, all as defined in the Comprehensive Plan for Albemarle County, Virginia, and as shown on a map which is on file in the office of the clerk to the board of supervisors. (11-4-87) (26) Waverly Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 697, page 382; and Deed Book 781, pages 267 and 270. (12-16-87) (27) Whipporwill Hollow as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 643, pages 285 to 292; Deed Book 644, pages 269 and 270; Deed Book 646, pages 220 to 221; Deed Book 657, pages 789 to 790; Deed Book 659, pages 561 to 565; Deed Book 694, pages 544 .to 545; and Deed Book 867, page 253. (12-16-87) (28) Key West/Cedar Hills Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 353, pages 193 to 197; Deed Book 365, page 202; Deed Book 371, page 474; Deed Book 388, page 514; Deed Book 393, page 417; Deed Book 410, page 577; Deed Book 420, page 259; Deed Book 505, page 607; Deed Book 530, page 351; Deed Book 543, page 114; Deed Book 661, page 44; Deed Book 692, page 453; and Deed Book 809, page 623. (9-7-88) (29) North Pines Subdivision as platted and recorded in the office of the clerk of the circuit cour~ of the county, in Deed Book 703, pages 742, 743 and 744. (1-17-90) (30) The Meadows in Crozet as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 651, page 149. (8-8-90) (31) Milton ~{eights Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 343, page 64. (8-17-94) (32) Shadwell Estates Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 339, page 458. (8-17-94) (33) Thurston Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 637, page 456. (12-7-94) (34) Glenmore Planned Residential Development as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1-4-95) (35) Peacock Hill as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 589, pages 205-212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904, pages 182, Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book 1189, page 407; Deed Book 1310, page 128. (9-6-95) (36) Lexington Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 564, page 088. (3-12-97) (37) Bedford Hills Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 365, page 212. (12-2-98) B. For the purposes of this section, a dog shall be deemed to be running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to run at large shall be deemed to have violated the provisions of this section, and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). It shall be the duty of the animal control officer to enforce the provisions of this section. December 2, 1998 (Regular Day Meeting) (Page 23) I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of ! to ~ , as recorded below, at a regular meeting held on December 2, 1998 Aye Nay Mr Ms Mr Mr Mr Ms Bowerman x Humphris ~ Marshall x Martin x Perkins x Thomas x Agenda Item No. 12. Discussion: Request from The Municipal Band of Charlottesville, Inc., for one-time contribution to the Band's new building. Mr. Tucker summarized the executive summary, which stated the Char- lottesville Municipal Band began a fund raising campaign five years ago to build a Municipal Arts Center, to provide a permanent home for the band, as well as space for other arts organizations in the area. To-date, the band has raised over $360,000 toward the projected $600,000 cost of the facility. They anticipate receiving an additional $80,000 to $100,000 from in-kind donations. Ground was broken for the facility on October 17, 1998, and they project a 14- month completion date. The Municipal Band requests a one-time contribution of $30,000 from the County and the City to help reach their fundraising goal of $600,000. The Band performs approximately 15 concerts each year to an estimated combined audience of approximately 15,000 persons. It is also estimated that approxi- mately ten percent of their audience members come from the Central Virginia area (Harrisonburg, Waynesboro, Madison, Orange, and Richmond). Since the Municipal Band is an arts organization that brings visitors and tourists to the area from the surrounding counties, a one-time donation could be consid- ered from the Tourism Fund. Staff recommends approval of a $30,000 one-time contribution to the Municipal Band for their new building, with funds to be appropriated from the County's Tourism Fund. Ms. Humphris said she appreciates what the band does for the community. She then moved that a $30,000 one-time contribution be made to the Municipal Band for their new building with funds to be appropriated from the County's Tourism fund. Mr. Perkins seconded the motion. Ms. Thomas asked if the funds could be done over a two-year period of time, but Ms. Humphris said since the amount of money is so small, that would not be necessary. Mr. James Simmons thanked the Board for its contribution, on behalf of the band. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. None. At this time, the Board returned to its discussion on the CIP, with Ms. White making the presentation. Utility Improvement Projects. The Keene landfill closure is budgeted at $0.475 million. General Govt. Summary of Revenues. General Fund transfer is $12.716 million, borrowed funds $1.465 million, courthouse maintenance funds $0.234 million, interest/carry-over $0.313, and misc. Reimbursements from the City and U.Va. total $1.014 million. Total Revenue is $15.744 million. Tourism Fund Projects. Ivy Road Bike Lanes are estimated at $0.232 million, and the Rivanna Greenway at $0.150 million. There is a river access project to purchase five acres of land at Warren Ferry and to install a gate. There is a state right-of-way where there was an abandoned ferry. People who use the ~put-in" [landing] park on the adjacent property owners' land, and the County is trying to acquire that property or take it by eminent domain. Mr. Tucker said the County does not currently have adequate river access. Ms. Thomas said these are transportation projects, and asked if they could be funded by Tea-21 funds. Ms. White said the Ivy Road bike lanes might qualify, and staff will go through the application process. 000 140 December 2, 1998 (Regular Day Meeting) (Page 24) Storm water Projects. A master drainage program is budgeted at $0.060 million, and drainage/erosion at $0.050 million. School Projects. There is a shortfall of $10.5 million dollars. Staff based funded projects on approved VPSA bond amounts in the FY99-03 CIP. School Fund Summary. Requested projects total $44.697 million, funded projects total $34.220 million, resulting in a $10.476 million shortfall. Requested School Project~, Mr. Martin asked how the Hollymead gym figure related to the urban gym. Ms. White said this just makes the gym 7,000 square feet in size, making it comparable to Agnor-Hurt and Cale gyms. This is not the urban gym that has been suggested, but it will help address the problem. Ms. Thomas asked if anyone had looked at whether this is the right place for an urban gym. Ms. White said that has not been done yet. The Monticello High School addition adds an additional 44,000 square feet of space to accommodate the additional 500 students and an auxiliary gym. There will be general renovations at Murray High School, replacing the heating and cooling system and replacing windows. Ms. Thomas asked about asbestos at Murray School. Mr. A1 Reasor, Director of Building Services, said there is asbestos in the floor tile and walls, but it is encapsulated. The Northern Elementary School project is to construct a 600-pupil school at a cost of $10.319 million. Western Albemarle High School renovations add classrooms, an auxiliary gym; a new roof, a new bus staging area, an additional parking lot, and reworking of baseball fields. Mr. Marshall asked if negotiations are underway for a site for the school. Ms. White replied, ~Yes." Ms. Thomas asked if plans have begun far enough ahead of time so that things are not rushed like they were with Monticello High School. Mr. Reasor said as long as the land is purchased in January or February, the schedule will be fine. An addition to Walton Middle School will cost $0.606 million to add classrooms and workrooms. Added Projects. These are additional dollars that were included in the numbers in the shortfall presented. Ms. White asked Mr. Frank Morgan, Assistant Superintendent for Support Services, to explain why the School Board feels these are important projects in the next four years. Mr. Morgan said a long-range planning committee made up of staff and citizens developed the list after looking at long-range needs. Enrollment growth drove the recommendations. Over the next ten years there is a projected 1.6 to 1.8 percent increase in enrollment per year, translating into 1,000 students over the next five years, and another 1,000 over the subsequent five years. There will be 342 more middle school students, necessitating additional seats at Jack Jouett and Burley schools. The library at Burley has needed expansion for years. The Northern Elementary project is for an additional 200 students, from 400 to 600, in the northern corridor. Building to serve 600 students up-front makes sense and ~implifies the redistricting process. Mr. Martin asked what happened to 600 being the maximum size recommended for middle schools. Hollymead currently serves 600 students; Cale's capacity is 500 students. Mr. Morgan said specialized programs have eaten up some of the space that could have been used for students. Mr. Reasor said Mr. Bowerman is correct in saying that Agnor Hurt houses 25 students per classroom and provides no auxiliary spaces. Both Cale and Agnor Hurt were built to 600 using the traditional formula, but for practical purposes, it is a different number. Regarding the southern elementary school, it appeared that simply expanding Cale and Red Hill schools would not be sufficient with the growth in the North Garden area, but the growth has not materialized. It seemed appropriate to take the funding for those expansions and move the money toward the southern elementary school. Mr. Marshall asked if there was enough room to put an elementary school at the Walton Middle School site. Mr. Morgan replied, "Yes." Mr. Marshall then asked if that meant the County has to build the Southern Parkway first to provide access for the students. Mr. Morgan said access is always an issue when building schools. Mr. Morgan said 750 is the largest number of middle school students that should be in one school. Henley has the largest capacity now, being built up to 750 students. Impact of Requested Projects on Annual Debt Service. Ms. White said staff recommended the level of bonds available, which is dependent upon the December 2, 1998 (Regular Day Meeting) (Page 25) 000 .4 . level of debt service the County can afford. Total new debt each year is $1.145 million, if all recommended projects are funded. Funding Options. Options include funding as recommended, resulting in $12.0 to $22.0 million in unfunded General Government projects and $10.5 million in unfunded School projects, increasing resources for projects and/or debt service, eliminating or deferring specific projects, lease purchase of General Government projects, using school transfer funds for debt service instead of maintenance and repair, and considering a referendum for General Government projects, i.e., courthouse, public safety facilities, 800 MHZ radio system, libraries, and COB space. Dr. Castner said he recently attended a legislative conference which dealt with funding sources. Everyone felt the state is trying to help local government. There is going to be a burden put on the public. Virginia is at the bottom of the list of states receiving funding for schools. Even if the County gets a little more money, there will still be a huge need to deal with continued growth. It is fortunate that the County's growth is more modest than neighboring counties. Ms. Thomas said if the Board uses school transfer funds for debt service, the County will still have to borrow for maintenance and repair. Regarding using the school transfer for debt service, Ms. White said the total amount needed to borrow over the next five years is $26.0 million. The payment in debt service over the next five years is $52.7 million for six years, FY 2000 through FY 2005. If the County borrows $40.896 million, that includes the $10.5 million for the requested projects, and also includes $4.0 million in maintenance and repair projects. The budgeted payment for all projects is $57.5 million. The County can then take the $6.5 million capital transfer to pay the debt service. That means the County will owe $51.9 million, and using the capital transfer the $5.6 million takes the capital transfer for each year, which increases each year, and puts it toward debt service. If this is done, it would be a way to pay for all requested school projects by increasing bonds by $14.7 million and increasing budgeted debt service by $4.8 million. Transfer funds of $5.6 million would be used to pay that debt service. Mr. Bowerman asked if the maintenance and repair are long- term items. Mr. Reasor replied, "Yes." Mr. Tucker said.many items that used to be considered short-term, such as tables and chairs, can be considered long-term, because the schools use them for so long. Debt Service Ratios. The County is still under its self-imposed ten percent maximum, with the debt service being at nine percent. If the Board aproved the recommended budget, the figure would drop back down to 7.8 percent. If the Board did a referendum or lease purchase, debt service would probably go above ten percent. Mr. Bowerman asked what would be the impact of stopping new bonding now. Ms. White said the debt ratio is going down because the County is not borrowing as much as in the past when it built Monticello High School. Mr. Breeden said the percentage is based on the General Fund budget, which is based on the increase in taxes. Mr. Bowerman said if the County continued paying the same amount in debt service, the percentage would drop as revenues increase. He asked for a time frame in which the money borrowed 15 years ago will be paid off. That represents monies that will be freed up. Ms. White said staff will prepare a cash flow analysis of current debts and present it to the Board. Ms. Thomas asked if VPSA is looking at refinancing anything since interest rates are falling. Mr. Breeden replied, ~Yes, that is happening now." Note: Mr. Bowerman left the room at 12:17 p.m. Ms. White said the public hearing on the CIP will ~ake place on January 3, 1999. Ms. Thomas asked about the Jefferson Madison Regional Library's long- range planning. She wondered if their plans mesh with the County's. Note: Mr. Bowerman returned at 12:19 p.m. Ms. White said the County needs to make a decision abut the Northside Library because the lease is going to expire. It will cost $200,000 per year until 2001. Mr. Bowerman said the Board needs good information on rental rates in order to make an informed decision. Mr. Tucker said staff will provide that information. December 2, 1998 (Regular Day Meeting) (Page 26) 000142 Regarding funding options, Mr. Perkins asked if it makes sense to go to referendum on a General Obligation Bond to borrow monies for General Govern- ment and schools. Mr. Tucker said that depends on rates. Ms. Thomas asked about the cost of going to referendum. Mr. Breeden said the cost would be between $75,000 and $100,000. Mr. Davis said some of the legwork has already been done, which would be necessary for the County to obtain a bond rating. The County would still have to get a financial advisor to put together a financial prospectus of the County. The bond rating would then be determined. Mr. Breeden said if the County is going to go for a GO bond, it should combine with the schools and ask voter approval for $26.0 million. If maintenance is added, it would be $40.0 million. His recommendation would be based on whether or not the Board wants to go to referendum. VPSA funds can be used for the school projects. If the Board goes to referendum, the County has to pay to apply, taking the chance that the public will not go for the referendum. Mr. Davis said when doing a bond referendum, the County can list specific projects and their dollar amounts, or it can ask for a lump sum for a total group of projects, with it being all or nothing. As for the School Board, it would have to know the rating, costs, etc. Mr. Breeden said he already has a good idea that the County would get a AA plus rating. There is not a lot of difference in the money between the two approaches, once it is spread over 20 years. It is more a matter of principle. Mr. Bowerman said he would rather go out for a bond referendum for everything, or else go to VPSA for the school portion and not do a referendum on the other projects. Ms. Thomas asked if the County is being told it has to do something with courts. Ms. White said it has been told something has to be done with the Juvenile Court. Mr. Martin said the Juvenile Court has been way below adequate square footage for years. Ms. Thomas said the public has a right to be asked the question. Mr. Perkins and Mr. Marshall said they would like to go for a referendum on everything. Mr. Martin said he would like to see the County go to VPSA for school projects, and to referendum to borrow the $26.0 million for General Government. Ms. Thomas asked if the County can do the $26.0 with a bond issue. ~Yes," said Ms. White. Ms. Thomas said she agrees that doing a fund transfer for long-term maintenance is a good idea, but she does not think that is tied to whether or not the Board goes through VPSA. Mr. Tucker said there are $44.47 million in requested renovation and maintenance/repair projects; those requested and committed total $34.0 million (already in VPSA), so the shortage is $10.0 million. The County has budgeted the $34.0 million already, and funded programs were approved based on antici- pated revenues and borrowing, as approved in last year's CIP. Ms. White noted that the Board could select different projects and go out on bonds for them. Mr. Bowerman asked if the County needs to borrow an additional $14.0 million from VPSA, but Ms. White said it is actually an additional $10.5 million. That would leave General Government with a shortfall. But, Ms. Thomas said that, for any portion of the $34.0 million, the County could go to the public. The $45.0 million becomes $26.0 million if you use the School Transfer funds for debt service. Ms. White said the bond would be increased by $14.5 million, which includes the $10.5 million in the projects that are not funded, and $4.0 million to be used for maintenance/repair projects, so the County, if it used the transfer method, would be borrowing an additional $14.5 million, the difference between the recommended and the requested amounts. Mr. Bowerman said that, using the transfer of debt service method, the bonded amount of the $40.0 million, which includes anticipated and unantici- pated expenses, comes down to $51,900. He said the County has not gone to the state to borrow any of that money. The Board has only approved the plan, but has not actually borrowed the money. Mr. Tucker said if the Board goes out for a bond referendum, it is asking for approval from the citizens to raise the tax rate enough to cover the debt service, but the Board does not really have to do that. Mr. Bowerman said this is a lot of money, even without General Government expenses. The Board is looking at $70.0 million in debt to finance capital items, part of which can be done through borrowing, part of which would have to be done through referendum. He believes that, if the Board is going to go for a referendum, it should go for the total amount and let the public tell the Board what to do. The risk is that the public may tell the Board not to do anything, in which case the Board cannot then go to the VPSA for the $40.0, for which the Board has the revenue. December 2, 1998 (Regular Day Meeting) 000143 (Page 27) Mr. Tucker said he is afraid the citizens would nog realize how much this would increase the tax rate. Ms. Thomas said that information could be included in the bond issue. Mr. Perkins said he did not think the tax rate would necessarily increase, since there is a transfer each year used to pay off obligations. Ms. Thomas said that would only pay off $50.0 million. Mr. Martin said $41.0 million is already projected to be paid out of current revenue. Mr. Bowerman said if the Board decides to do this with the $70.0 million, it would take only four cents on the tax rate. Mr. Tucker said he understood Mr. Perkins to say that the public should be given the opportunity to vote on whether that amount of money should be spent on these capital items. If the rest of the Board agrees, he thinks they should go for the whole amount. Ms. Humphris said if the Board went for an unidentified lump sum, she wanted to know what happens to established levels for school enrollment, class size, etc., and whether the standards would be maintained. She agrees with not going to referendum for a small amount. It is up to the Board whether to do capital expenditures for schools or not. It cannot be a popularity contest; it comes down to whether or not the Board is going to adhere to physical plant standards it set, in the face of huge growth. Ms. Thomas suggested the Board say it will build schools through a VPSA referendum. Mr. Davis said once a GO bond is approved, the Board would have up to eight years to borrow (issue) the monies in two or three borrowings. Mr. Bowerman said VPSA does it in $500 million increments, and the County can draw as they need it. Mr. Martin said he would prefer to make up the $10.0 million shortfall in school projects by using a transfer bond over five years and borrowing $52,000. If going to referendum, the Board should do it for those projects on which the County has little say so, such as the courts. Mr. Tucker said the Board can always do a lease purchase if they choose, for the General Government items. Mr. Breeden added that the Board could, alternatively get a GO Bond. Mr. Bowerman said the perception of a GO bond is not good. Mr. Martin said if a lease purchase was done, the Board would still be adding to the debt service. A referendum would not be required, but the Board would then be over the ten percent cap. Mr. Davis added that might lead to a tax increase. Mr. Breeden said it is the same amount of money, regard- less of which way the Board chooses to proceed. Ms. Thomas said if the tax rate is raised three cents, there is a bigger base on which to figure out the ten percent. Ms. White said if it used the school transfer, the Board would be locked into using the money for the payments for a longer period than five years. Mr. Perkins said again that the Board needs to hear from the public. Mr. Bowerman said if the tax rate is raised by 22 percent for six years, the Board could pay for everything. There cannot be a referendum on that, however. He noted that several Board members stated the Board is committed to education and its physical plant. He asked if there is any flexibility of standards which might reduce these figures. For example, the number of students per class can be higher, according to the state. Administrative space could be reduced, sprinkling could be revisited, etc. Mr. Martin said he does not want to increase the number of students per class; the states figures are not realistic. Mr. Perkins said the Board does not have to house additional students by building new schools. Instead it could increase the size of existing schools, add trailers, etc. There would still be a rela- tively low number of children per class. Mr. Perkins said the County could always go back to community schools with small numbers. Ms. Thomas said the County quit that years ago, with good reason. Mr. Bowerman asked how much it would cost on the tax rate to fund the additional amount from $40.0 million to $52.0 million, using the transfer. Mr. Tucker replied, ~$5.6 million over five years." Mr. Bowerman said the Board cannot expect to borrow the full amount and keep the tax rate at 72 cents and still do the unfunded portion recommended by the CIP committee. Within budget projections, the County could do the $26.0 million. There are an additional $10.0 million in unfunded needs. These come to $36.0 million. If the County borrows $51,900 from money that has been budgeted into capital transfers, he asked if the County, with available resources, can pay the December 2, 1998 (Regular Day Meeting) (Page 28) · 000144 indebtedness out of available resources. Mr. Martin and Ms. Thomas said, ~Yes." Then, Mr. Bowerman said, this would leave the County at a 72-cent tax rate to fund the school items only. Ms. Thomas asked what effect tackling the General Government items at a ~medium figure", would have on the tax rate. Mr. Martin said that would put the County above the ten percent top. Mr. Tucker said he does not know what the total dollar figure is for General Government projects, so he cannot project what the tax rate might be, and revenues have not even been included at this point. Mr. Marshall suggested accepting staff's recommendation for the 9.3 percent and see how 599 funds and other funds wash out. Mr. Bowerman said that would mean borrowing over $51.0 million. Mr. Marshall said the Board does not have enough information at this time to make a decision. Mr. Tucker said once the Board has more information, it can make those decisions. Mr. Martin noted that the public hearing is not until Januar~ 13, so it would not hurt anything to wait for now. Mr. Marshall suggested setting the issue aside for now. Ms. Thomas said she was impressed by what is already in place at the firing range and wanted to know why additional monies were requested. She also believed that, by decreasing money for the Neighborhood Plan Implementa- tion, traffic calming and sidewalk construction, the Board is increasing its obligation to urbanizing the County. If a fair amount of resources are not put into urbanizing areas which will cut down on urban sprawl, citizens will not see why they should develop land in the urban area. The Neighborhood Plan Implementation Program, sidewalks and increased gym space, etc., all fit together, and she hopes this will become a County that has some real urban sections to it, in order to preserve the rural sections. Mr. Martin said as the Board deals with the operatin9 budget, he hopes CIP numbers, including unfunded projects, are updated, so everything is handled at the same time. He added that he agrees with Ms. Thomas. If the County hopes to convince people to be part of the infill process, the Board has to make it worthwhile in terms of sidewalks, etc. Growth of communities continues each year, and expenditures for capital items for schools continue to rise. Mr. Bowerman noted that as growth continues, the amount the County borrows continues to rise each year. It was $7.8 million in the first year of this budget, $9.5 million in the fifth year of the budget, and the figures will continue to rise. Ms. Thomas said the population will continue to grow, as the County is a pleasing place in which to live. If the Board goes to a referendum for the entire amount, it could still be looking at funding something they do not have the resources for, and would have to go to VPSA anyway. There is no final fix. Regarding the old Crozet School, Ms. Thomas asked Mr. Tucker to obtain copies of the student report on uses for the building. She said there are still questions about taking care of the lead paint. If it would cost $600,000 to $700,000 to renovate the old building, and it would cost $1.0 million to replace it, there is not much of a difference. Mr. Perkins said it was estimated that renovations would cost $2.3 million, and a new building would cost $3.6 million. Ms. Thomas said that leaves about $1.0 million difference between the two options. If the County has to maintain the building, the costs will rise as the facility ages. Mr. Bowerman said staff needs to carefully track the cost of maintaining the building and turning it into something different. Maintenance costs should not rise to the extent that it is a losing proposition. Mr. Perkins suggested continuing with option i-G, which is to continue to lease the building to the private school, with any necessary maintenance provided by the County. He added there is enough property there to build another building, such as a library. Mr. Bowerman said there is balance between restoring the facility now and doing all the maintenance and restoration inside, so that the building can be used by the County, and continuing the process of maintaining it with a tenant in it, whose rent covers some, but not all, of the cost of maintaining it. Ms. Thomas said she was worried to hear there were structural problems with the roof. If that is the only problem, that is one thing, but if there December 2, 1998 (Regular Day Meeting) (Page 29) are other large problems, that would determine what to do with the building. Mr. Huff said the roof problem was noticed when the roof trusses were exam- ined. They had sagged nine inches, but have since been shored back up. Mr. Huff said the County spent $336,000 in the past few months on the problems that were readily visible. The building generates $28,000 in rent per year for 22,000 to 23,000 square feet of space, so it is priced far below market. Ms. Thomas said it sounds as if the County is going to keep the building for now, in hopes of using it later. Mr. Bowerman asked if replacing the windows will make them good for one use only, or if they will have to be replaced again. Mr. Huff said the windows have to come 6ut, no matter what the building is used for, so the County does need to decide how it will be used. Ms. Thomas said perhaps the Board needs to make a decision now. By July 1, 2001, the Waldorf School has to make a decision on whether to stay. At the same time, there have been discussions as to whether that might be a good location for the library. Ms. Humphris said the County should decide what is best for the County, instead of asking the Waldorf School to tell the County what they want. Mr. Bowerman said he is not willing to finance the Waldorf School for five to ten years. Mr. Perkins said it is better to have revenue coming in, than to have the building sit empty. He suggested the whole site be examined, as it may be cheaper to build a new library rather than to renovate the old school for that purpose. Mr. Perkins asked about replacement windows at Western Albemarle High School. Mr. Reasor said it would be expensive to replace the windows. Some might need to be replaced; others may not. Mr. Bowerman asked if the County could use ~off the shelf windows" for that purpose. Mr. Reaser replied, bYes.- Ms. Thomas asked if the Board was in agreement that more planning needs to be done. Mr. Tucker said staff will work on this further, and will involve the community. In summary, Mr. Tucker said the issue boils down to how to fund the projects. If the Board agrees that these projects are needed, it comes down to how they will be funded. He heard a general consensus on how the School items should be handled. Regarding General Government issues, if those projects are needed, and what the Board now needs is the final numbers, he suggested staff come back at the February 3, 1999 meeting with options. The General Government issues can be funded in more than one manner. The Board needs to settle on the projects, determine how to fund them (using the transfer and borrowing the money for the school projects), and let the public react. Mr. Martin said he wants to hear from the School Board too. Mr. Tucker said that Mr. Reasor was present at this meeting to get a reaction from the Board. Ms. Thomas said there is nothing wasteful in the figures, and Mr. Bowerman agreed that Mr. Reasor runs a tight ship. Agenda Item No. 13. Other Matters not Listed on the Agenda from the BOARD. Mr. Perkins asked staff to bring back to the Board~ as quickly as possible, information on whether it has made any difference using deputies to handle hunting violations. Mr. Tucker said staff will provide a report to the Board in February. Mr. Bowerman said one person told him they were very appreciative of the prompt response. Ms. Thomas said Mr. Jeff Blank, of the County Executive's Office, told her that deputies had handled many reports. Mr. Marshall said he had received a copy of a letter addressed to Ms. McCulley. He asked Mr. Tucker to follow up. (No further information was provided.) Agenda Item No. 14. Executive Session: Personnel Matters. At 12:30 p.m., motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to adjourn into executive session pursuant to § 2.1-344(A) of the Code of Virginia under subsection (1) to consider appointments to boards and commissions; under subsection (7) to consult with legal counsel and staff December 2, 1998 (Regular Day Meeting) (Page 30) 000146 regarding pending litigation concerning the Ivy Landfill; under subsection (7) to consult with legal counsel and staff regarding pending litigation concern- ing the transition of the City of Charlottesville to town status; and under subsection (7) to consult with legal counsel and staff regarding an interjurisdictional service agreement. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. None. Agenda Item No. 15. Certify Executive Session. (Note: Mr. Martin did not return after the Executive Session.) The Board reconvened at 3:00 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 ~ollowing recorded vote: AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, and Mr. Perkins. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 16. Appointments. Mr. Perkins moved to: - appoint Mr. Leo Mallect to the Joint Airport Commission, with said term to expire on December 1, 2001, and - appoint Ms. Joy Matthews to the Housing Committee, with said term to expire on December 31, 2001. Ms. Thomas moved to: - appoint Ms. Leslie Reed to the Rivanna Solid Waste Citizens Advisory Committee, with said term to expire December 31, 2000. Ms. Humphris moved to: - reappoint Mr. Bryson Glover to the Commission On Children and Families, with said term to expire on January 31, 2000. Mr. Bowerman moved to: - appoint Mr. Michael Stewart as the Rio District appointee to the Equalization Board, with said term to expire December 31, 1999. Mr. Bowerman seconded all nominations. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, and Mr. Perkins. NAYS: None. ABSENT: Mr. Martin. Agenda Item No. 17. Adjourn to December 7, 1998 for Joint meeting with School Board and Legislators. At 3:55 p.m., with no further business to come before the Board, Mr. Bowerman moved that the Board adjourn the meeting to.4:00 p.m., December 7, 1998, for a joint meeting with the School Board and State Legisla- tors. Ms. Thomas seconded the motion. Roll was called and the motion carried by the following recorded vote: December 2, 1998 (Regular Day Meeting) (Page 31) 000147 AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, and Mr. Perkins. NAYS: None. ABSENT: Mr. Martin. ~ C~hairman~~