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1997-06-04June 4, 1997 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on June 4, 1997, at 9:00 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphris, Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis, and, County Planner, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 9:05 a.m., by the Chairman, Ms. Humphris. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Presentation of Certificate of Appreciation. Ms. Humphris presented a certificate of appreciation to Stephen N. Runkle who had served on the Albemarle County Housing Committee from March 2, 1994, until April 20, 1997. He was the first Chairman of the Incentive Subcommittee which began it work in the Fall of 1996. He also served as the Housing Committee's liaison to the newly-formed Development Areas Initiatives Steering Committee. While serving on the Housing Committee, Steve submitted its first report to the Board o.f Supervisors in March, 1995. He was an active member of the Committee and provided some lively discussions at its meetings. He was thoughtful and deliberate in discussions, especially in areas of adopting the Housing Committee's definition of "affordable" housing. The Committee was sorry to lose him (he has moved into the City of Charlottesville). Ms. Humphris thanked Mr. Runkle for his work on the Housing Committee and the work he has done for the County in other areas. Agenda Item No. 5. Presentation of Community Profile by Ms. Susan Gardner, Virginia Power. MS. Humphris asked Mr. Phil Sparks from Virginia Power to come forward and speak. Mr. Sparks said he would like to mention some recent changes at Virginia Power. He said they have reorganized to be a process design organization. In doing that, a lot of previous management positions have changed, but he assured the Board that he is assigned to this area as the Community and Governmental Relations person. He is available to any Board member at any time for information or help. At this time, he introduced Ms. Susan Gardner from the Richmond Office who has been working with Lee Catlin, Maynard Sipe and Tex Weaver (County staff) on a community profile. Mr. Gardner said that in November, 1993, she appeared before this Board to officially present the first "Albemarle County Community Profile." She is present today to present an updated and redesigned version of the publication. She said Virginia Power provides this service~to communities located in its service territory so there is information to hand out to local residents and newcomers to the area. She said Virginia Power is pleased to be a part of the community. She offered to answer questions. Ms. Humphris said it is a handsome publication. She thanked Virginia Power for the publication. Agenda Item No. 6. Other Matters Not Listed on the Agenda from the PUBLIC. Mr. Steven Stern, a resident of 1632 Keith Valley Road in the City, asked the Board to support the resolution in support of the Partners in Prevention Initiative (Item 8.4 on the Consent Agenda). He Said Partners in June 4, 1997 (Regular Day Meet~i 000112 (Page 2) Prevention derives from a ~f i~~%~ ~0 encourage communities to take steps to reduce the out-of-wedlock birth rate. The Feds essentially created a "contest." At the end of a few years time, they will measure the change in the out-of-wedlock birth rate and those five participating states with the greatest reduction in that birth rate, and with no increase in the abortion rate, "win the contest." The "prize" is a multi-million dollar grant with essentially "no strings attached." If Virginia wins, it will use a similar rule to divide the money among the participating communities in Virginia. The Board has to decide today whether to participate as one community with Charlottesville. Agenda Item No. 7. Approval of Minutes: April 9, 1997. Ms. Thomas had read April 9, 1997, pages 9 (Item #8) to the end and found them to be in order with one typographical error. Mr. Marshall had read April 9, 1997, page 1 to page 9 (Item #8) and found them to be in order. Motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. NAYS: None. Agenda Item No. 8. Consent Agenda. Motion was offered by Ms. Thomas, seconded by Mr. Marshall, to approve Items 8.1 through 8.5, and to accept the remaining items on the Consent Agenda as information. (Note: Conversation pertaining to individual items is shown with that item.) 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. Item 8.1. Adopt Resolution of Appropriation for FY 1997-98 County Operating Budget. It was noted in the staff's report that the FY 1997-98 Operating Budget was approved by the Board on April 16, 1997, in the amount of $126,628,365. The Resolution of Appropriation is the Board's authority for the expenditure of those funds effective July 1, 1997. The only significant changes to the budget adopted in April are the reduction in Regular School Fund operations in the amount of $39,536 to match the total anticipated revenues from the State, and a $303,373 reduction in Self-sustaining Fund operations due to double counting on interfund transfers between the School Fund and the Self- Sustaining Funds. With these reductions, the total FY 1997-98 County Operating Budget is $126,285,456, which includes $41,074,848 in General Government operations, $71,377,147 in Regular School operations, $6,387,581 in Self-sustaining School operations, and $7,445,880 for School Division Debt Service payments and Debt Service Reserve Funds. Another change is the addition of several other funds to the Resolution of Appropriation this year: the Comprehensive Services Act Fund, the At-Risk Four-Year Old Program (~Bright Stars") Fund, the Tourism Fund, the Towe Memorial Park Fund and the Emergency Communications Center Fund. These funds, mentioned in the "Other Funds" section of the Resolution, have been included for purposes of convenience so the Board will not have to take separate action to appropriate these funds at a later date. These other funds, which total $4,157,222, remain outside the County's operating budget and do not increase the County's total budget of $126,285,456. The FY 1997-98 Resolution of Appropriation appropriates funding in the major categories of expenditures shown in the following listing: June 4, 1997 (Regular Day Meeti~i (Page 3) 000 3 General Government Tax Refunds General Management Judicial Public Safety Public Works Human Services Parks, Recreation & Culture Community Development Jail Expansion Reserve Capital Outlays Revenue Sharing Subtotal - General Government ,~.,i 51 700 $ 5,627 146 $ 2,004 859 $10,412 182 $ 2,195 044 $ 6,710 384 $ 3,597 976 $ 2,534 164 $ 100,000 $ 2,323,000 $ 5,518,393 $41,074,848 School Division School Fund Other School Funds School Debt Service School Debt Service Reserve Subtotal - School Division $71,377,147 $ 6,387,581 $ 6,845,880 $ 6OO,OOO $85,210,608 TOTAL FY 1997-98 OPERATING BUDGET $126,285,456 Other Funds Comprehensive Services Act Fund At-Risk Four-Year Old ("Bright Stars") Program Tourism Fund Towe Memorial Park Fund Emergency Operations Center Fund $ 1,487,003 $ 220,416 $ 585,600 $ 192,785 $ 1,671,418 TOTAL OTHER FIINDS $ 4,157,222 Staff recommended approval of the Resolution of Appropriation allocating a total of $126,285,456 to General Government, the School Division and Debt Service funds, and a total of $4,157,222 among various County funds for the Fiscal Year t997-98. (Mr. Marshall noted the sentence in the staff's report reading: ~The only significant changes to the budget adopted in April are the reduction in Regular School Fund operations in the amount of $39,536 to match the total anticipated revenues from the State, and a $303,373 reduction in Self- sustaining Fund operations due to double counting on interfund transfers between the School Fund and the Self-Sustaining Funds." He said it looks to him like the Board is approving almost $343,000 more than is really needed. He asked if the total of the budget is being reduced. Mr. Tucker said "yes." Revenues were double counted showing more revenues than needed to operate these programs. Mr. Marshall asked where this money is going. Mr. Tucker said it is anticipated revenue for the fiscal year for a Self-sustaining Fund. Revenue was double counted, so it has basically just been eliminated.) By the above recorded vote, the Board adopted the following Resolution of Appropriation: ANNUAL RESOLUTION OF APPROPRIATION OF THE COUNTY OF ALBEMARLE FOR THE FISCAL YEAR ENDING JUNE 30, 1998 '" A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 1998;~'to prescribe the provisions with respect to the items of appropriation and their payment; and to repeal all previous appropriation ordinances or resolutions that are inconsistent with this resolution to the extent of such inconsistency. BE IT ORDAINED by the Board of County Supervisors of the COUNTY OF ALBEMARLE, VIRGINIA: SECTION I - GENERAL GOVERNMENT That the following sums of money be and the same hereby are appropriated from the GENERAL FI/ND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 1998: June 4, 1997 (Regular Day Meeti~i (Page 4) Paragraph One: TAX REFUNDS, ABATEMENTS AND OTHER REFUNDS Refunds and Abatements $ 51,700 Paragraph Two: GENERAL MANAGEMENT AND SUPPORT 2 3 4 5 6 7 Board of Supervisors County Attorney County Executive Elections Finance Human Resources Information Services $ 291,252 409,015 585,610 184,762 2,350,491 287,402 1,518,614 $ 5,627,146 Paragraph Three: JUDICIAL 1. Circuit Court 2. Clerk of the Circuit Court 3. Commonwealth's Attorney 4. General District Court 5. Juvenile Court 6. Magistrate 7. Sheriff $ 71,880 496,352 465,189 12,830 78,382 17,588 862,638 $ 2,004,859 Paragraph Four: PUBLIC SAFETY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Community Attention Home Community Attention Home VJCCCA Community Criminal Justice Board Emergency Communications Center (E-911) Fire Department (City) Fire/Rescue Administration Fire/Rescue Credit Forest Fire Extinction Service Inspections Juvenile Detention Home Offender Aid and Restoration (OAR) Police Department Regional Jail Authority SPCA Contract Volunteer Fire Departments (JCFRA) Volunteer Rescue Squads (JCFRA) $ 63 915 174 268 3 865 1,057 524 641 290 480 171 59 020 13 800 676 372 123 905 39680 6,034 737 236 585 29.280 585.275 192,495 $10,412,182 Paragraph Five: PUBLIC WORKS 1. Engineering 2. Solid Waste 3. Staff Services $ 1,030,556 189,935 974,553 $ 2,195,044 Paragraph Six: HD-~2%N SERVICES 1 2 3 4 5 6 7 8 9. 10. 11. 12. 13. Ch'ville/Albemarle Legal Aid Society (CALAS) Charlottesville Free Clinic Children and Youth Commission (CAYC) Children, Youth and Family Services (CYFS) District Home FOCUS - Teensight Health Department Jefferson Area Board on Aging (JA_BA) JABA - Adult Health Care Facility JAUNT Madison House Piedmont Virginia Community College (PVCC) Sexual Assault Resource Agency (SAi~A) 16,610 5,150 26,566 35,035 41 100 20 668 118 14 285 4 8 2O 205 370 580 · 4O0 875 545 284 190 O00 A4 $51,700 $ 5,627,146 $ 2,004,859 $10,412,182 2,195,044 $ 6,710,384 June 4, 1997 (Regular Day Meeting) (Page 5) 14. Shelter for Help in Emergency (SHE) 15. Social Services 16. Tax Relief for Elderly/Disabled 17. Region Ten Community Services 18. Region Ten Facility Expansion 61,840 4,829,269 220,000 259,365 75,000 $ 6,710,384 Paragraph Seven: PARKS, RECREATION AND CULTURE 1. Darden Towe Memorial Park 2. Library 3. Literacy Volunteers 4. Parks and Recreation 5. Piedmont Council of the Arts 6. Transfer - Tourism 7. Virginia Discovery Museum 8. WVPT Public Television $ 108,990 1,685,260 15,750 1,177,666 8,855 585,600 8,855 7,000 $ 3,597,976 Paragraph Eight: COMMUNITY DEVELOPMENT Albemarle Housing Improvement Program (AHIP) $ Housing Office Monticello Area Community Action Agency (MACAA) Planning and Community Development Planning District Commission (TJPDC) Route 29 Bus Service Soil and Water Conservation VPI Extension Service Zoning 357 375 378 250 60 335 973 294 62 686 46 556 30 075 140 021 485,572 $ 2,534,164 Paragraph Nine: CONTINGENCY RESERVE FI/ND 1. Jail Expansion Reserve $ 100,000 Paragraph Ten: CAPITAL OUTLAYS 1. General Government Capital Improvement ProgramS 1,713,000 2. School Division Capital Improvement Program 500,000 3. Stormwater Fund 110,000 $ 2,323,000 Paragraph Eleven: REVENUE SHARING AGREEMENT 1. Revenue Sharing Agreement $ 5,518,393 Paragraph Twelve: OTHER USES OF FUNDS 1. School Division Debt Service/Debt Reserve FundS 7,445,880 2. School Fund 46,091,436 $53,537,316 SUMMARY Total GENERAL FUND appropriations For the fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (General Fund) Revenue from General Fund Balance Revenue from the Commonwealth Revenue from the Federal Government $87,382,847 2,687 4,932,893 2,293,737 $94,612,164 Total GENERAL FUND resources available For fiscal year ending June 30, 1998: 0005A.5 $3,597,976 $ 2,534,164 $ 100,000 $ 2,323,000 $ 5,518,393 $53,537,316 $94,612,164 $94,612,164 000116 June 4, 1997 (Regular Day Meeting) (Page 6) SECTION II - REGULAR SCHOOL FUND That the following sums of money be and the same hereby are appropriated for SCHOOL PURPOSES herein specified to be apportioned as follows for the fiscal year ending June 30, 1998: Paragraph One: REGULAR SCHOOL FUND $71,377,147 1. Administration, Attendance & Health 2. Debt Service Fund 3. Facilities Construction/Modification 4. Facilities Operation/Maintenance 5. Instruction 6. Pupil Transportation Services 7. Other Uses of Funds $ 3,326,588 295,922 109,364 7,101,271 54,885,936 4,871,850 786,216 $71,377,147 SUMMARY Total REGULAR SCHOOL FUND appropriations For fiscal year ending June 30, 1998: $71,377,147 TO be provided as follows: Revenue from Local Sources (General Fund Transfer)S46,091,436 Revenue from Local Sources 543,220 Revenue from School Fund Balance' 133,670 Revenue from the Commonwealth 23,926,086 Revenue from the Federal Government 682,735 $71,377,147 Total REGULAR SCHOOL FUND resources available For fiscal year ending June 30, 1998: $71,377,147 SECTION III - OTHER SCHOOL FUNDS That the following sums of money be and the same hereby are appropriated for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 1998: Paragraph One: FOOD SERVICES 1. Maintenance/Operation of School Cafeterias SUMMARY Total FOOD SERVICES appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources Revenue from the Commonwealth Revenue from the Federal Government Total FOOD SERVICES resources available For fiSCal year ending June 30, 1998: Paragraph Two: ALBEMARLE HIGH SCHOOL FOOD SERVICE 1. Food Service SUMMARY $ 2,041,764 Total ALBEMARLE HIGH SCHOOL FOOD SERVICE OPERATIONS Appropriations for fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (Sales) $ 1,330,677 45,584 665,503 $ 2,041,764 $ 384,760 $ 2,041,764 $ 2,041,764 $ 384,760 $ 2,041,764 $ 384,760 $ 384,760 June 4, 1997 (Regular Day MeetiJ~) (Page 8) To be provided as follows: Revenue from the Commonwealth Revenue from the Federal Government Transfer from School Fund $ 80,941 980,390 4,067 $ 1,065,398 Total FEDERAL PROGRAMS resources available For fiscal year ending June 30, 1998: Paragraph Seven: COMMUNITY EDUCATION FUND 1. Community Education $ 1,364,060 SUMMARY Total COMMUNITY EDUCATION FUND appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Tuition Revenue from Driver's Education Fees Revenue from the Commonwealth $ 1,286,060 64,000 14,000 $ 1,364,060 Total COMMUNITY EDUCATION FUND resources available For fiscal year ending June 30, 1998: Paragraph Eight: SUMMER SCHOOL 1. Summer School $ 345,376 SUMMARY Total SUMMER SCHOOL appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Tuition (Local) Miscellaneous Revenues Revenue from the Commonwealth Transfer from School Fund $ 177,375 38,500 90,258 39,243 $ 345,376 Total SUMMER SCHOOL resources available For fiscal year ending June 30, 1998: Paragraph Nine: SCHOOL BUS REPLACEMENT 1. School Bus Replacement $ 473,007 SUMMARY Total SCHOOL BUS REPLACEMENT appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (Sale of Vehicles) Transfer from School Fund $ 5,000 468,007 $ 473,007 Total SCHOOL BUS REPLACEMENT resources available For fiscal year ending June 30, 1998: 000 . .7 $ 1,065,398 $ 1,364,060 $ 1,364,060 $ 1,364,000 $ 345,376 $ 345,376 $ 345,376 $ 473,007 $ 473,007 $ 473,007 SECTION IV - DEBT SERVICE That the following sums of money be and the same hereby are appropriated for the function of DEBT SERVICE to be apportioned as follows from the General June 4, 1997 (Regular Day Meeti~g) (Page 7) Total ALBEMARLE HIGH FOOD SERVICE OPERATIONS Appropriations available for fiscal year Ending June 30, 1998: Paragraph Three: PRE-SCHOOL SPECIAL EDUCATION FUND 1. Special Ed Pre-School Program $ SUMMARY Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from the Federal Government $ Total PRE-SCHOOL SPECIAL EDUCATION FUND resources Available for fiscal year ending June 30, 1998: Paragraph Four: McINTIRE TRUST FUND 1. Payment to County Schools $ SUMMARY Total McINTIRE TRUST FUND appropriations For fiscal year ending June 30.i 1998: To be provided as follows: Revenue from Investments Per Trust $ Total McINTIRE TRUST FUND resources available For fiscal year ending June 30,1998: Paragraph Five: PREP PROGRAM 1. C.B.I.P. Severe 2. E.D. Program SUMMARY Total PREP PROGRAM appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Tuition and Fees Total PREP PROGRAM resources available For fiscal year ending June 30, 1998: Paragraph Six: FEDERAL PROGRAMS 1. Adult Education 2.~ Carl Perkins 3. Chapter I 4. Chapte~ II 5. Drug Free Schools 6. Migrant Education 7. Title II SUMMARY Total FEDERAL PROGRAMS appropriations For fiscal year ending June 30, 1998: 73,692 73,692 t0,000 10,000 $ 555,575 585,266 $ 1,140,841 $ 1,140,84t $ 85,008 111,911 564,511 39,892 48,908 183,345 31,823 $ 1,065,398 O00 :IB $ 384,760 $ 73,692 $ 73,692 $ 73,692 $ 10,000 $ 10,000 $ 10,000 $ 1,140,841 $ 1,140,841 $ 1,140,841 $ 1,065,398 $ 1,065,398 000119 June 4, 1997 (Regular Day Meeting) (Page 9) Government Debt Service Fund and the School Division Debt Service Fund for the fiscal year ending June 30, 1998: Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND $ 7,741,802 1. Debt Service Payments 2. Debt Service Reserve 3. VRS Early Retirement $ 6,845,880 600,000 295,922 $ 7,741,802 .; Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND $ 129,500 1. Debt Service Payments $ 129,500 SUMMARY Total DEBT SERVICE appropriations For fiscal year ending June 30, 1998: $ 7,871,302 To be provided as follows: Revenue from Local Sources (Transfer from Gen Fd) $ 7,575,380 Revenue from Local Sources (Transfer from Sch Fd) 295,922 $ 7,871,302 Total DEBT SERVICE resources available For fiscal year ending June 30, 1998: $ 7,871,302 TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I 'THROUGH IV OF THIS RESOLUTION FOR THE FISCAL YEAR ENDING JUNE 30, 1998 RECAPITULATION: Appropriations: Section I - General Fund Section II - School Fund Section III - Other School Funds Section IV - Debt Service Funds $ 94,612,164 71,377,147 6,898,898 7,871,302 $180,759,511 Less Inter-Fund Transfers General Fund to School Fund ($ 46,091,436) General Fund to School Debt Service FUnd ( 7,445,880) General Fund to General Government Debt Service Fd( 129,500) School Fund to Debt Service Fund ( 295,922) School Fund to Self-Sustaining Funds ( 511,317) ($ 54,474,055) GRAND TOTAL $180,759,511 ($ 54,474,055) $126,285,456 SECTION V - OTHER FUNDS That the following sums of money be and the same hereby are appropriated for OTHER PURPOSES herein 'specified to bE apportioned as follows for the fiscal year ending June 30, 1998. Paragraph One: COMPREHENSIVE SERVICES ACT FUND 1. Comprehensive Services Act Expenditures SUM/4ARY Total COMPREHENSIVE SERVICES ACT appropriations For fiscal year ending June 30, 1998: $ 1,487,003 $ 1,487,003 $ 1,487,003 June 4, 1997 (Regular Day Meeting) (Page 10) To be provided as follows: Revenue from Local Sources (Transfer from Gen Fd) Revenue from Local Sources (School Fund) Revenue from the Commonwealth $ 515,810 225,000 746,193 $ 1,487,003 Total COMPREHENSIVE SERVICES ACT resources Available for fiscal year ending June 30, 1998: Paragraph Two: AT-RISK FOUR-YEAR OLD PROGRAM FUND 1. Bright Stars Program $ 220,416 SUMMARY Total AT-RISK FOUR-YEAR OLD PROGRAM FUND appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (Transfer from Gen Fd) Revenue from the Commonwealth $ 118,810 101,606 $ 220,416 Total AT-RISK FOUR-YEAR' OLD PROGRAM FUND resources Available for fiscal year ending June 30,1998: Paragraph Three: TOURISM FUND 1. Rivanna Greenway Development 2. Routes 250/616 Turn Lane Project 3. Tourism Projects 4. Visitor's Bureau 167,000 10,000 287,376 121,224 585,600 SUMMARY Total TOURISM FI/ND appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (Transfer from Gen Fd) $ 585,600 Total TOURISM FUND resources available For fiscal year ending June 30, 1998: Paragraph Four: TOWE MEMORIAL PARK FUND 1. Darden Towe Memorial Park $ 192,785 SUMMARY Total TOWE MEMORIAL PARK FUND appropriations For fiscal year ending June 30, 1998: To be provided as follows: Revenue from Local Sources (General Fund) Miscellaneous Local Revenue City of Charlottesville $ 108,990 14,725 69,070 $ 192,785 Total TOWE MEMORIAL PARK FUND resources Available for fiscal year ending June 30, 1998: Paragraph Five: EMERGENCY OPERATIONS CENTER FUND 1. Emergency Communications Center Operations $ 1,671,418 000 .20 $ 1,487,003 $ 220,416 $ 220,416 $ 220,416 $ 585,600 $ 585,600 $ 585,600 $ 192,785 $ 192,785 $ 192,785 $ 1,671,418 June 4, 1997 (Regular Day Meeting) (Page 11) SUMMARY TOTAL EMERGENCY OPERATIONS CENTER FUND appropriations For fiscal year ending June 30,1998: To be provided as follows: Revenue from Local Sources (General Fund) City of Charlottesville University of Virginia Miscellaneous Local Revenue Federal Revenue $ 734,716 772,353 153,631 1,800 8,918 $ 1,671,418 Total EMERGENCY OPERATIONS CENTER FUND resources Available for fiscal year ending June 30, 1998: 000izi $ 1,671,418 $ 1,671,418 BE IT FURTHER ORDAINED that the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this resolution of appropriation. SECTION VI Ail of the monies appropriated as shown by the contained items in Sections I through V are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. Paragraph One Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional and proportionate appropriations--the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Paragraph Two Ail revenue received by any agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors or by the School Board or by the Social Services Board without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three Ail balances'of appropriations at the close 0f business on the thirtieth (30th) day of June, 1998, are hereby declared to be lapsed into the County treasury'and shall be used for the payment of the appropriations which may be made in the resolution of appropriation for the next fiscal year, beginning July 1, 1998. Any balance available shall be used in financing the proposed expenditures of the respective funds for the next fiscal year. Paragraph Four No obligations for goods, materials, supplies, equipment or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no'requisition for contractual services involving June 4, 1997 (Regular Day Meeting) (Page 12) 000 .22 the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specification furnished by the contracting department, bureau, agency or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County Purchasing Manual shall not be considered obligations of the County, and the Director of Finance shall not issue any warrants in payment of such obligations. Paragraph Five Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to time to maintain like rates. Paragraph Six Ail travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Seven Ail previous appropriation ordinances or resolutions to the extent that they are inconsistent with the provisions of this resolution shall be and the same are hereby repealed. Paragraph Eight This resolution shall become effective on July first, nineteen hundred and ninety-seven. Item 8.2. Adopt Resolution of Appropriation for FY 1997-98 Capital Improvements Budget and Resolution of Official Intent for use of Virginia Public School Authority (VPSA) Bond Proceeds. It was noted in the staff's report that the FY 1997-98 Capital Improvements Budget was approved by the Board on April 16, 1997, in the amount of $24,771,467: $2,031,000 to the General Government Capital Fund, $22,630,467 to the School Division Capital Improvement Fund, and, $110,000 to the Stormwater Capital Improvement Fund. The ordinance appropriates a total Capital Improvement Budget of $25,094,275, an increase of $322,808 over the approved budget due to the addition of the County's $322,808 contribution to the new Emergency Communications Center (ECC) facility approved by the Board in the FY 1997-98 operating budget. With the additional $322,808, appropriated funds in the General Government Capital Fund will total $2,353,80~. Staff recommends adoption of the Resolution of Appropriation for the FY 1997-98 Capital Improvements Program and adoption of a Resolution of Intent which will allow the County to be reimbursed by the Virginia Public School Authority (VPSA) bond proceeds for prior school project expenditures incurred over the Summer. By the above recorded vote, the Board adopted the /%nnual Appropriation Ordinance for the Capital Improvements Program for the Fiscal Year ending June 30, 1998, and the following Resolution of Official Intent to Reimburse Expenditures for Various Public Improvements with Proceeds of Bonds: COUNTY OF ALBEMARLE ANNUAL APPROPRIATION ORDINANCE June 4, 1997 (Regular Day Meeting) (Page 13) CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 1998 AN ORDINANCE making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS PROGRAM for the fiscal year ending June 30, 1998; to prescribe the provisos, terms, conditions and~provisions with respect to the items of appropriation and their payment; and to repeal all ordinances wholly in conflict with this ordinance and all ordinances inconsistent with this ordinance to the extent of such inconsistency. BE IT ORDAINED by the Board of County Supervisors of the COUNTY OF ALBEMARLE VIRGINIA: SECTION I - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 1998: Paragraph One: ADMINISTRATION AND COURTS $ 440,000 1. County Computer Upgrade 2. County Facility Improvements 3. Old Crozet School~Improvements. 4. J&D Court Maintenance/Replacement 5. County Office Bldg Maintenance/Replacement $ 250,000 15,000 15,000 30,000 130,000 $ 440,000 Paragraph Two: FIRE, RESCUE AND SAFETY $ 908,308 1. Fire/Rescue Building and Equipment Fund 2. Police Radio Simulcast System/ECC Link 3. Police Firing Range 4. Juvenile Detention Facility 5. Emergency Communications Center Facility $ 262,500 108,000 40,000 175,000 322,808 $ 908,308 Paragraph Three: HIGHWAYS AND TRANSPORTATION $ 544,000 1. Revenue Sharing Road Program 2. Route 29 North Landscaping 3. Neighborhood Plan Implementation Program $ 500,000 4,000 40,000 $ 544,000 Paragraph Four: LIBRARIES $ 232,500 1. Library Computer Upgrade 2. Maintenance/Replacement Projects $ 200,000 32,500 $ 232,500 Paragraph Five: PARKS AND RECREATION $ 229,000 I. Crozet Park Athletic Field Development 2. Southern Albemarle Organization Park Development 3. County Athletic 'Field Study/Development 4. Maintenance/Replacement Projects $ 96,000 50,000 50,000 33,000 $ 229,000 SUMMARY Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND Appropriations for fiscal year ending June 30, 1998: $ 2,353,808 TO be provided as follows: Transfer from General Fund Jail Expansion Fund Balance $2,035,808 175,000 June 4, 1997 (Regular Day Meeting) (Page 14) CIP Fund Balance 143,000 $2,353,808 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND Resources available for fiscal year ending June 30, 1998: O00:LZ4 $ 2,353,808 SECTION II - SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 1998: Paragraph One: EDUCATION (SCHOOL DIVISION) $22,630,467 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 High School Technology Education Labs Stony Point Parking & Playfield Vehicular Maintenance Facility Reconfiguration AHS Phase II & III Restorations Murray High Renovation New High School Administrative Technology (Schools) Instructional Technology (Schools) WAHS Building Renovations Henley Addition Technology Education Labs' Stone Robinson Addition Walton Renovation Brownsville Addition Stony Point Addition Maintenance/Replacement Projects Chiller Replacement (Maintenance/Replacement) Greet HVAC Renovations (Maintenance Replacement) ADA Structural Changes VMF Underground Storage Tank Replacement $ 555 000 193 000 294 000 20 000 70 000 17,082 697 70 000 605 070 185 000 1,190 000 325 000 250 000 46 000 212 000 205,000 665,700 35,000 22,000 425,000 180,000 $22,630,467 SUMMARY Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND Appropriations for fiscal year ending June 30, 1998: $22,630,467 TO be provided as follows: Transfer from General Fund Interest Earned Miscellaneous Local Revenues CIP Fund Balance State Technology Funds VPSA Bonds Additional Split Billing Revenues $ 500,000 100,000 136,100 100,000 575,000 20,451,367 768,000 $22,630,467 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND Resources available for fiscal year ending June 30, 1998: $22,630,467 SECTION III STORMWATER FUND That the following sums of money be and the same hereby are appropriated from the STORMWATER FUND for stormwater improvement purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 1998: Paragraph One: STORMWATER IMPROVEMENTS $ 110,000 1. County Master Drainage Plan 2. Transfer to Drainage/Erosion Correction $ 60,000 50,000 $ 110,000 SUMMARY June 4, 1997 (Regular Day Meeting) (Page 15) Total STORMWATER FUND Appropriations For fiscal year ending June 30, 1998: To be provided as follows: Transfer from the General Fund Total STORMWATER FUND Resources available For fiscal year ending June 30, 1998: 110,000 000 25 110,000 $ 110,000, TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I THROUGH III IN THIS ORDINANCE FOR THE FISCAL YEAR ENDING JUNE 30, 1998 RECAPITULATION: TOTAL APPROPRIATIONS Section I - General Government Improvements FundS 2,353,808 Section II - School Division Capital Impvmnts Fd 22,630,467 Section III - Stormwater Fund 110,000 $25,094,275 GRAND TOTAL $25,094,275 $25,094,275 BE IT FURTHER ORDAINED that the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation ordinance. SECTION IV Ail of the monies appropriated as shown by the contained items in Sections I, II and III are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. Paragraph One Subject to the qualifications in this ordinance contained, all appropriations are declared tO be maximum, conditional and proportionate appropriations--the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. .Paragraph Two Ail revenue received by any agency under the control of the Board of Supervisors included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for goods, materials, supplies, equipment or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required, and provided further that no requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but 000126 June 4, 1997 (Regular Day Meeting) (Page 16) such contract shall be approved by the head Of the contracting department, bureau, agency, or individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specification furnished by the contracting department, bureau, agency or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obligations incurred contrary to the purchasinq procedures prescribed in the Albemarle County Purchasing Manual shall not be considered obliqations of the County, and the Director of Finance shall not issue any warrants in payment of such obligations. Paragraph Four Allowances out of any of the appropriations made in this ordinance by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to time to maintain like rates. Paragraph Five Ail travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six Ail ordinances and parts of ordinances inconsistent with the provisions of this ordinance shall be and the same are hereby repealed. Paragraph Seven This ordinance shall become effective on July first, nineteen hundred and ninety-seven. RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR VARIOUS PUBLIC IMPROVEMENTS WITH PROCEEDS OF BONDS WHEREAS, the Board of Supervisors of Albemarle County, Virginia (the "County"), intends to undertake various improvements to its public school system as described on Exhibit A attached hereto (the "Project"); and WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA, THAT: The County intends to finance the Project through the issuance of bonds in an amount not to exceed $20,451,367 (the '~Bonds") . (2) The County intends to receive reimbursement from proceeds of the sale of the Bonds for costs of the Project paid by the County prior to the issuance of the Bonds. (3) The County intends that the adoption of this resolution be considered as ~official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. June 4, 1997 (Regular Day Meeting) (Page 17) 000127 PUBLIC SCHOOL IMPROVEMENT PROGRAM BONDED SCHOOL PROJECTS Exhibit A Description Amount 1 2 3 4 5 6 7 8 9. 10. 11. 12 13 14 15 16 17 18 High School Technology Education Labs Stony Point Parking & Playfield 20 Vehicular Maintenance Facility Reconfiguration294 AHS Phase II & III Restorations 20 Murray High Renovation New High School WAHS Building Renovations Henley Addition Technology Education Labs Stone Robinson Addition Walton Renovation Brownsville Addition Stony Point Addition Maintenance/Replacement Projects Chiller Replacement (Maintenance/Replacement) Greet HVAC Renovations (Maint/Replacement) ADA Structural Changes VMF Underground Storage Tank Replacement TOTAL 70 16,946 185 1,190 15 250 46 212 2O5 105 35 22 425 $ 230 000 770 OO0 O0O 000 597 000 000 000 000 000 O00 000 0O0 000 00O 000 180,000 $20,451,367 Item 8.3. Appropriation: Education, $3550 (Form ~96079) . It was noted in the staff's report that at its meeting on May 12, 1997, the School Board approved the appropriation of a $3550 donation for Stone Robinson Elementary School. This donation, from its PTO, is to be used to purchase supplies for Science Night, audio-visual equipment and a display board for the lobby. Staff recommended approval of the appropriation in the amount of $3550 as detailed on Appropriation Form #96079. By the above recorded vote, the Board approved the following Resolution of Appropriation: FISCAL YEAR: 1996-97 NUMBER: 96079 FI/ND: SCHOOL PURPOSE OF APPROPRIATION: DONATION FROM STONE ROBINSON PTO FOR SCIENCE NIGHT EXPENDITURE COST CTR/CATEGORY DESCRIPTION A_MOUNT 1221061101601300 1221061101800200 1221061411800100 INST/REC SUPPLIES FURNITURE/FIXTURES MACHINERY/EQUIPMENT TOTAL $ 500.00 350.00 2,700.00 $3,550.00 REVENUE DESCRIPTION AMOUNT 2200018000181109 DONATION TOTAL $3,550.00 $3,550.00 Item 8.4. Adopt Resolution in Support of the Partners in Prevention Initiative It was ~6ted in the staff's report that Partners in Prevention is a State initiative on out-of-wedlock births that may bring as much as $20.0 million to Virginia over the next four Federal fiscal years as part of the 1966 Personal Responsibility and Work Opportunity Act. Although only five states in the country will receive these funds based on their birth rate reduction, the State feels well-positioned to receive these funds and is, therefore, making start-up funds available to communities throughout the Commonwealth. Localities may request these start-up funds, but must first agree to fulfill all requirement~ of a Partnership Agreement, one of which is a formal resolution to participate in the initiative and also submit a plan that reflects community input. June 4, 1997 (Regular Day Meeting) (Page 18) Sponsors of the Partners in Prevention Initiative are the CAYC Commission, the Thomas Jefferson Health Department, Martha Jefferson Hospital, both the City and County Departments of Social Services, the Council on Adolescent Pregnancy Prevention and the Teen Pregnancy Prevention Steering Committee. A town meeting was held on Friday, May 30, to solicit community input for developing a plan to address teenage pregnancy. That plan will form the basis of the funding application for the Partners in Prevention Initiative funds. Staff recommends adoption of the resolution which is also being submitted to Charlottesville City Council for its approval. (Ms. Humphris said she has been following this initiative, but was not able to attend the community meeting. She believes the community would be a winner just by participating and making this additional organized effort to prevent out-of-wedlock births. She thinks it is a particularly good thing for the Board to support.) By the above recorded vote, the Board adopted the following Resolution: RESOLUTION IN SUPPORT OF THE PARTNERS IN PREVENTION INITIATIVE WHEREAS, the Federal government has allocated one hundred million dollars ($100.0 million) in each of Federal fiscal years 1999 through 2002 to be divided among the five states that have the most reduced out-of-wedlock births in the previous two years without an increase,in the abortion rate; and WHEREAS, the Commonwealth of Virginia has become the first state in the nation to announce its candidacy for one of these Federal awards by supplying incentives to local governments, service agencies, religious institutions, nonprofit organizations and citizens to develop solutions to the out- of-wedlock birth problem; and WHEREAS, the Commonwealth of Virginia will provide technical and other forms of start-up assistance to any Virginia locality that officially partners with the state in competition for the Federal award, and the state proposes to distribute any Federal award Virginia receives directly to its Partners in Prevention; and WHEREAS, a locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan, reflecting the whole community input; and WHEREAS, our locality proposes to address this initiative through participation in the field of reducing teenage pregnancy; and WHEREAS, the County of Albemarle and the City of Charlottesville wish to join other localities in the Commonwealth in this important community objective; NOW, THEREFORE, BE IT RESOLVED, that the County of Albemarle and the City of Charlottesville are authorized by this body to become Partners in Prevention with the Commonwealth of Virginia. Item 8.5. Proclamation Congratulating The Charlottesville Municipal Band on its Seventy-Fifth Anniversary. (Ms. Humphris said for those who have been aware of the Municipal Band all of their lives, it is difficult to say how important it has been to the entire community. Those who take advantage of going to their Christmas and Summer concerts realize that these people give their time and talent to this community. It is a wonderful thing and it brings people together and provides culture to the community. She said the Board appreciates the Band and is happy to have this resolution before it for approval today.) By the above recorded vote, the Board approved the following Proclamation: June 4, 1997 (Regular Day Meeting) (Page 19) 000 29 MUNICIPAL BAND WHEREAS, The Municipal Band of Charlottesville was formed in 1922; and WHEREAS, The Municipal Band of Charlottesville has provided music for celebrations and commemorations in the Charlottesville/ Albemarle community for seventy-five years; and WHEREAS, The Municipal Band of Charlottesville has provided entertainment and has promoted the cultural arts in our community by performing for thousands of citizens and tourists each year; NOW, THEREFORE, BE IT RESOLVED, that I, Charlotte Y. Humphris, Chairman, on behalf of the Board of County Supervisors of Albemarle County, Virginia, do hereby congratulate The Municipal Band of Charlottesville on its seventy-fifth anniversary and join in the pride felt by all for the service they render to our community. Item 8.6. Final Report on "Evaluation of Household Water Quality in Albemarle County, Virginia, November, 1996" by the Department of Biological Systems Engineering, Virginia Polytechnic Institute and State University, was received for information. It was noted in the staff's report that during the Summer of 1995, the Virginia Cooperative Extension Service and Albemarle County sponsored a volunteer household water quality testing and education program for residents who utilize private, individual wells and springs. Approximately 500 Albemarle County households participated in the program. Follow-up testing for pesticides was conducted for water sources considered to be of "high vulnerability" due to water test results and surrounding land uses. Lessons learned from this project include: 1) The most widespread water quality concerns with private water supplies are corrosive (acidic) water and bacteria; 2) Several categories of water quality results show a correlation with the underlying geology. To some extent, water quality can be roughly predicted based on geologic setting; 3) Water source construction determines vulnerability to contamination; 4) Pesticide mitigation to groundwater appears to be low; and 5) Albemarle residents are interested in learning about wells and groundwater and are willing to take action to protect water supplies. (Ms. Thomas said she appreciated receiving this report. It was a good report to get after wondering the outcome of all the well testing.) Item 8.7. Copy of memorandum dated May 22, 1997, from Mr. Richard E. Huff, II, Deputy County Executive, to Mr. Robert W. Tucker, Jr., County Executive, re: Free State Road, was received for information. (The memoran- dum indicates that Seminole Trail Volunteer Fire Department is aware of the emergency access to Free State Road. They are aware of the weight limitations of the bridge and they regularly access the area through the Dunlora Subdivi- sion with their heavier trucks. The Fire Department is supportive of up- grading the weight limitations of the bridge and are willing to work cooperatively to provide rapid response to emergencies regardless of physical barriers.) Item 8.8. Copy of Tentative Construction Fund Allocations for Fiscal Year 1997-98 for Interstate, Primary and Urban Highway Systems, as well as Public Transit, Ports and Airports, including update of Six Year Improvement Program through Fiscal Year 2002-03, was received for information. Item 8.9. Letter dated May 22, 1997, from Mr. Joseph J. Rein, III, District Manager, Customer Service and Sales, United States Postal Service, addressed to Ms. Ella W. Carey, Clerk, providing notice that the Batesville Post Office will remain in its current location, was received for information. Item 8.10. Copy of letter dated May 23, 1997, from Mr. Patrick K. Mutlaney, Director, Parks and Recreation, to Mr. William L. Woodfin, Jr., Director, Department of Game and Inland Fisheries, re: planning and June 4, 1997 (Regular Day Meeting) (Page 20) ooo .ao development of the County's Priddy Creek property, was received for information. (Mr. Perkins suggested that this letter be copied to the Governor. He said Mr. Marshall might even give the Governor a call. He suggested the Board might even name the park after the Governor. The Board members concurred in sending a copy of the letter to the Governor.) Item 8.11. Copy of Orders of Virginia Electric and Power Company Case No. PUE960036, 1995 Annual Informational Filing, and Case No. PUE960296, Alternative Regulatory Plan, as filed with the State Corporation Commission, was received for information. Item 8.12. Copy of notice from the Department of Environmental Quality, Valley Regional Office, re: Reissuance of VPDES Permit No. VA0028398, Avionics Specialties, was received for information. (Ms. Humphris asked if this notice automatically goes to the Water Resources Manager. She asked how staff knows to officially respond to the report. Mr. Tucker said Mr. Hirschman will have the opportunity to review the report and respond. Ms. Humphris asked why Mr. Hirschman is not automatically on DEQ's mailing list as the staff person responsible for responding to one of these requests. Mr. Tucker said not every locality has a Water Resources position. He thinks the State automatically sends the information to the manager of the locality or the chairman and then expects them to transmit the information to the appropriate person. Mr. Hirschman was present and commented that he eventually gets the report in time to respond by the deadline. Ms. Thomas asked if the Board will get some staff input as to whether it should approve this permit. In the report the Board got last year about the different tributaries to the Rivanna Reservoir, it is listed as being in an area that has created some water quality problems. Mr. Tucker said after Mr. Hirschman looks at the information, he can make a report to the Board for informational purposes. Mr. Hirschman said he does not believe there is any local government approval required. The locality is given a period in which to make comments. The DEQ removed the local government approval process two years ago. Ms. Thomas said the Planning District Commission approves some of these requests. She does not want to miss the opportunity to comment if this is a problem area. Mr. Cilimberg said the PDC gets intergovernmental reviews and they do take action, and those are normally sent to the County for comment.) Item 8.13. Notice from the Federal Communications Commission dated May 1, 1997, in the matter of Adelphia Communications Corporation, Final Resolution of Cable Programming Service Rate Complaints, was received for information. (Ms. Thomas said she had not read the whole report, and she assumes that since the County has no franchise agreement with Adelphia, there is little the Board can do. Mr. Davis said since the County does not have a franchise, it has not been a party to the litigation that precipitated this, and it is basically just for information. Mr. Martin asked if Albemarle County residents will receive the benefits. Mr. Davis said to the extent that the rates for Charlottesville will be applicable to the County, there will be the benefit of reduced rates.: Albemarle County subscribers will not get refunds pursuant to this agreement.) Item 8.14. Arbor Crest Apartments (Hydraulic Road Apts) Monthly Bond and Program Report for the month of April, 1997, was received for information. Item 8.15. Letter dated May 30, 1997, from Ms. A~gela G. Tucker, Resident Highway Engineer, to Ms. Ella W. Carey, Clerk, regarding transportation matters discussed at the May 7th Board meeting, was received as follows: June 4, 1997 (Regular Day Meeting) (Page 21) 000 .3 1 ~'We offer the following comments regarding transportation matters that were discussed at the May 7th Board meeting: Please find enclosed a copy of the regular inspection bridge report for the Norfolk Southern Railway bridge on RoUte 651 (Free State Road). We are awaiting details of the railroad's maintenance schedule and will share this schedule with the Board upon receipt. The plans for the Avon Street/Route 20 Connector Road include standard right and left turn lanes on Route 20 onto the connector road. These improvements are included in the current project. We have scheduled the necessary maintenance for Route 707 off Jarman's Gap Road. This work will include patching potholes, machining the road and trimming brush. The Department is currently establishing a written policy to include standards by which roads may be improved under the Pave in Place legislation. We anticipate this information to be available for public discussion by July 1, 1997. At this time, it is premature to generate a list of eligible roads. The Department is reviewing a request to lower the speed limit on Chris Greene Lake Road. We will share the results of this study upon completion. The Department is finalizing the construction cost estimate for improvements to West Leigh Drive and the CSX Railroad crossing. These figures should be available in the next two to three weeks. We have scheduled maintenance for Route 787 (Gillums Ridge Road). We cannot prohibit trucks from using this road. However, we will monitor this road for necessary maintenance. The Department will be signalizing Old Brook Road at Rio Road. We anticipate the addition of a signal at this location no later than early spring 1998. Please share this information with the Board members. If there are any questions regarding the above issues, I will be prepared to discuss them at the June 4th Board meeting." Agenda Item No. 9a. Transportation Matters: Route 29 North, Median Landscaping/ discussion of. Mr. Tucker said he has received some telephone calls and comments about the Trees for 29 project on Route 29 North. He said Susan Thomas and Lisa Glass are present this morning to answer questions. He said there was a pre- bid conference on this project yesterday, and Mr. Bill Mawyer, Director of Engineering, is present this morning to explain what happened. He said the following history of the project is contained in the staff's report. The planning efforts for Trees for 29 began in late 1993 when Mr. Chuck Lebo proposed landscaping Route 29 North as a North Charlottesville Business Council (NCBC) community project. The Council directors agreed since the median trees had been removed during the widening work and the public reaction to their absence was strong. The Council was committed to transforming Route 29 into an ~urban boulevard" and the median landscaping was a first step. After months of discussion, the committee narrowed its selections to large shade tree varieties. V/DOT standards allow planting of large varieties where the median measures at least 18 feet in width. When the median is less than 18 feet, VDOT will allow medium size trees. Although large trees were emphasized, the median is discontinuous and varies in width throughout the approximately three-mile extent of the project, so some medium size trees were included in the original design. June 4, 1997 (Regular Day Meeting) (Page 22) In 1995, the County was contacted by the utility companies who had installed new facilities in the median in an early phase of the widening work, before the Trees for 29 launch. Charlottesville Gas, Sprint/Centel, and to a lesser extent, the Albemarle County Service Authority, all voiced strong objections to planting trees of any type over their lines. VDOT, as owner of the median, found itself mediating among parties. The utilities reluctantly agreed to drop their objections to trees if small and/or medium size varieties were substituted for large varieties. Tree lists were obtained from the Virginia Department of Forestry and Pennsylvania's Municipal Tree Restoration Program. Trees for 29 faced its final hurdle in getting the three-party agreement governing project funding and administration written and approved. After VDOT and Albemarle County had signed the document, the Chamber of Commerce (representing its affiliate, NCBC) objected to language designating the Council as the party responsible for on-going maintenance after termination of the three-year contract maintenance term. The language was revised stating that the parties "agree to enter into good faith negotiations concerning the ongoing maintenance of all plantings within the scope and limits of the project." Approximately six months later, the revised agreement was signed by all three parties. Staff changes in the County's Planning Department, which was designated as project manager, created additional delay and necessitated reassigning management responsibility. Lisa Glass in the County's Engineering and Public Works Department is now project manager. Susan Thomas in the Planning Department is information contact. Installation of Phases I and II plant material is scheduled for the Fall of 1997. Phase III trees will be installed at completion of that component, currently estimated for Fall 2000. A1 Bryant of VDOT has advised that the project must move forward if its funding is to remain. Mr. Mawyer said there were four prospective bidders at yesterday's meeting. All were local nurserymen. They seemed to be satisfied with the specifications and requested an additional week to prepare bids. He said the trees which were selected were picked through negotiations. Staff does not recommend that the species of the trees selected be revisited at this time. Ms. Thomas said what she has read says there cannot be large trees due to consideration for the utility companies. She asked if that is true for the entire three-mile length of the project. Mr. Mawyer said consideration was given to the width of the median, which at a maximum is 26 feet, and the trees were chosen to fit within that maximum width so as not to extend over the road. Mr. Perkins asked why no evergreens were chosen. Ms. Susan Thomas said all species of trees were considered at the beginning of the selection process. Evergreens were not chosen because they would not match the form of the other trees. A boulevard effect was wanted. Also, at issue in the beginning was the fact that the business community is very sensitive to having a visual barrier by the presence of the trees. Also, evergreens might cast a shadow which would make icing of the road possible. It was an early decision to select deciduous trees. Ms. Lisa Glass said there were multiple constraints on the project between the utility companies, the safety and maintenance factors on the highway, the desires of the community groups and volunteers that organized the project itself. She said what has been arrived at is a good compromise and she would not recommend that there be any changeJ Mr. Tucker suggested the Board members hear from some of the people who had come today to make comments about this project. Mr. David Tice said he originally raised concerns about the tree species selection. He said Route 29 North is probably the most important corridor welcoming people to the community. He thinks the landscaping done in the median of Route 250 East is severely lacking in character, and he did not want to see the same situation occur on Route 29 North. He has worked as a consultant for a lot of urban forestry programs so he has some familiarity with the problems of planting and managing trees in similar situations. The roots of large trees planted in compacted, harsh environments, like the medians of the roadways, do not penetrate the earth deeply. He thinks there are some misconceptions, even among the utility companies and VDOT, over 000 .33 June 4, 1997 (Regular Day Meeting) (Page 23) potential problems they see with roots. What is being planted is not what most people would want to see planted along this entrance corridor. He feels there are alternatives that could work. There are many mid- and medium-sized trees which are superior to those that have been selected. Mr. Tice said he has served on the Foundation Board for the Green Virginia 2000 Foundation. They took grant requests from communities around the State for projects such as this one. He said they had received applications for the median strip on Route 33 in Harrisonburg, and one for the median of the Dolley Madison Parkway in McLean. For both of these proposals, VDOT approved large trees. He knows a lot of work went into this committee's work, but he questions whether the committee really did everything possible to get the type of trees that most would like to see on an ~urban boulevard. Even if the decision has to be made for small trees, he questions the species selection. Mr. Tice said there is a broad issue which needs to be raised, although it is too late for this project. In the course of designing the highway project, how much planning went into decisions about where the utilities would be located so there could be larger trees? Ms. Peggy Van Yahres said she was present today as an interested citizen. She said there are many misconceptions between the utility companies and VDOT about street tree planting. If what Mr. Mawyer said about VDOT's concerns is true, there would be no trees in the streets in the City today. There are utilities all over the City, and leaf litter coming down onto the streets. She said progressive cities, when they have to replace or repair utilities, are tunneling under the roots, which are shallow. She said all tree roots are shallow no matter the size of the tree, and the trees survive wind, harsh conditions, etc., if the right tree is planted. Having shallow roots is not a problem for wind. As to visibility, big trees are much better because they can be pruned up so you can see underneath the branches. Ms. Van Yahres said she understands these concerns are being expressed late in this process. She agrees with Mr. Tice that when a road like this is planned, street trees are important. What can be done to make it happen? She thinks the large trees could be planted today no matter what the utility companies say. She suggested the Board members go to Route 250 East and look at the small ornamental trees which are struggling for survival. She suggested the Board members look at the large oak trees planted 12 years ago on Fifth Street Extended. She said that street is beginning to look like a boulevard. The sourwood trees on Route 250 will never look like that. Large urban trees have a longer life span. Mr. Mitch Van Yahres said he wanted to reiterate what has already been said. He comes in his capacity as urban forester, arborists, tree surgeon, etc. In dealing with and managing trees, he thinks it is important at the beginning of the project to pick trees that will survive. Historically, it is known that an urban tree will survive seven years. That takes into consideration that many trees of the wrong species have been planted. Trees which are survivors in tough conditions need to be planted. There are already tough conditions on Route 29 even before the cars start moving. Slow conditions are tough to deal with, and then there is the addition of poisonous fumes, and wind whipping. He deals with the issue of keeping trees alive on a professional basis constantly. Keeping trees alive under those conditions will be very difficult. Furthermore, VDOT or whoever will be in charge of this median strip, is not going to maintain (prune, spray, fertilize) those trees. This is what it takes to keep trees under those conditions surviving. Mr. Van Yahres said the Board has already heard the argument about roots. As far as maintaining the trees in the future, if median strips were planted the way all utilities want them, there would be nothing in those medians. He said people do want trees. Some of the polls show that having trees in cities under urban conditions is at the top of the list along with having a good police department. He thinks the public wants big trees. He thinks big trees are essential. He came to Virginia from the north where there were elm trees at one time, and those trees arched over the highways. It was a spiritual event to go through some of these streets. He said a feeling of scale is what is wanted on Route 29. That would be missing with the smaller trees. He said that some of the trees on the list will not survive even to the expected time limit of seven years. June 4, 1997 (Regular Day Meeting) (Page 24) 0002.,34 Ms. Humphris said she would summarize what the Board has heard so far this morning. The Board has heard that due to the compaction of the soil, the tree roots will not be as deep; in other areas, VDOT has approved larger trees than they will approve for this location; there are trees which are better for this location than those which have been chosen. She said bids have been taken on planting these particular trees for this project. Mr. Tucker said the difficulty is that the County is only one player in this issue, it is not County-owned right-of-way. The County can only encourage VDOT to do something their standards do not call for. He said he would like to see large street trees. Unfortunately, what staff was told during meetings with VDOT representatives is that those large trees did not meet their specifications. The City can do things the County cannot because VDOT does not control the rights-of-way in the City. County staff supported the large trees, but it did not meet with the approval of the people who control those rights-of-way. Mr. Bowerman asked if there were any member of the committee who could deal with the questions that were raised today. He asked if there is any counter to the criticisms from the utilities and VDOT from experts? Mr. Tucker said he did not know. He said it is noted in the staff report that VDOT standards don't allow that. He does not know if those standards can be changed. That is where the push would have to begin. Mr. Bowerman said he thinks the County should try to do that. Mr. Marshall asked who will be responsible for replacing trees that die. Mr. Tucker said, depending on when it dies, he thinks the County will have to pay for a replacement. He does not expect VDOT to replace those trees. Mr. Marshall said if that is the case, and there is a difference in what they are willing to spend, why not plant a tree that will survive. Mr. Bowerman asked how the species were chosen if they will not survive under the conditions on Route 29. Mr. Tucker said these species are the types that are listed in the VDOT standards. Ms. Humphris asked how many dollars of taxpayer and private funds are being used for this project. Mr. Tucker said it is ten percent County, ten percent for the NCBC and 80 percent VDOT. Ms. Humphris asked what that cost is in dollars. Mr. Tucker said he did not know. Mr. Mawyer said the budget is a total of $180,000. Mr. Davis said another issue is the ability to maintain the VDOT funding beyond this fiscal year. Ms. Humphris asked Susan Thomas to comment. Ms. Thomas said there were several well-qualified people on the committee. They worked from tree lists supplied to them by Phil Grimm of the Virginia Forestry Department. They started with a list of trees recommended for this kind of use. She discovered during this process that well-informed, well-qualified people do not always agree on species. There was a lot of discussion and the survival issue was one they talked about a lot. Route 250 East was a project known to all, although more is known about the project now than it was three years ago. Sourwood is the variety that is the most controversial. The landscapers who attended the pre-bid conference were requested to submit written comments with suggested alternatives. The committee was not just a group of people who did not know anything about trees and had strong opinions. Some of the committee members have hands-on experience. Mr. Bowerman asked if there were committee members who pounded the table as advocates for the large tree type of planting. Ms. Thomas said ~yes.n She said if it were not for Henry Weinschank's .dogged type of personality, there would be no trees in the median. He went to each utility and said the committee did not want perennials and shrubs, but big trees. If NCBC had thought of the project several years earlier when VDOT was in the planning stages, or even if this plan had been derived before the new utility lines were laid in the median, the committee would have been in a stronger position. But, the utilities had just installed their new infrastructure, and no one wanted to rip that out. She agrees that the Sourwood is the tree that is drawing a lot of comment. Mr. Tucker asked if Ms. Angela Tucker could make comments on this issue. Ms. Tucker said she did take part in some of the early committee meetings. She said VDOT's preference is not to have any substantial trees in its right- of-way. Trees are considered fixed objects. While there are many trees around the County adjacent to the roads, they were not planned. Looking at planting after the fact, there is the liability of putting those fixed objects June 4, 1997 (Regular Day Meeting) (Page 25) back into the right-of-way. That is where the landscaping guide sets out the size of tree which is allowed. Ms. Humphris said this a quandary for the Board. It looks like the Board is faced with allowing the plan to go ahead when some people are predicting a lot of failures. Mr. Mawyer said one thing that was learned from the Route 250 project is that a longer maintenance period is needed by the contractor who installs the plantings. This new contract will require the contractor to maintain the plants for three years as opposed to just one year. Ms. Glass said as a County resident she would like to see big trees, but as a County staff member she has to take other things into consideration. She said she would like to address the issues brought up by Ms. Van Yahres. The original desire for the project was for large street trees. When looking at large trees used in other communities, the speed limit on the road has to be taken into consideration and whether there are stop lights on the road. Those things are safety issues, and a canopy can affect the visibility of a stop light further down the road. There is also the issue of seeing under the canopy versus not having a canopy at all. The maintenance issue was a big part of why the plants on Route 250 East were not successful. Also, there is the funding issue. It took about four years to go through the process and get a signed agreement. She understands the maintenance issue was one reason why the process was prolonged. Because it took so long to get to an agreement, it caused VDOT to wonder if the project would be undertaken at all. She has asked the bidders to provide comments on alternate species which would have better survivability. Mr. Tucker said he thinks it would be helpful if staff took one more look at this project with the help of Peggy Van Yahres, Mitch Van Yahres and David Tice, to see if there are any species listed which are within the realm of VDOT standards to see if there can be some merger between the large and the medium-sized tree, including the survivability issue. Mr. Bowerman said nobody knows better than the Board members how difficult it is to work in a committee and get a consensus on what should be done. He does not want to undo that consensus or imply that everybody did not do the best they could in making the decision. When the Board is presented with the results of that decision, it makes him wonder if more cannot be done with the project. Mr. Tucker said he appreciates those comments, and staff will attempt to do that and make a further report to the Board. Agenda Item No. 9b. Transportation Matters: Route 20 South Improvements, discussion of. Mr. Tucker said the Board had requested that the approved plans for the Route 20/Avon Street Connector Road be reviewed and evaluated. A member had asked if the improvements could be upgraded to accommodate the proposed widening of Route 20 South to a four-lane, divided roadway (see memorandum dated May 28, 1997, from Mr. Bill Mawyer, Director of Engineering and Public Works, addressed to Mr. Rick Huff, Assistant County Executive, which is on file in the Clerk's Office). It was noted that the Connector Road, its intersection with Avon Street, its intersection with Route 20, and the entrances to Monticello High School, were all designed to assure the safe movement of school buses to and from the school. Staff did the best it could during the design and review of the Connector Road to accommodate, or at least not interfere with, the potential for Route 20 to b~ improved to a four-lane, divided roadway. Ms. Humphris said she recently found a copy of a letter dated May 3, 1996, which was sent to Mr. Roudabush and Mr. Myers asking their help in expediting this project. She asked if any reply was ever received. Mr. Tucker said he did not remember, but Mr. Roudabush had told him they are working to get this project into the primary plan for widening, but it will not happen prior to the opening of the high school. The question is, prior to the opening of the high school, can there be adequate safety measures in place on Route 20 for stacking lanes. It appears that there will be adequate stacking and it will accommodate quite a few buses if they have to wait to make a left-turn into the Connector Road. June 4, 1997 (Regular Day Meeting) (Page 26) 000136 Ms. Humphris said the staff's report was very complete, and she hopes it did answer the concerns. Mr. Marshall said he is concerned that there is a "S" curve at that spot, and a lot of vehicles are being stacked on that curve. He appreciates what Ms. Tucker has done to get the extra width for the acceleration and deceleration, and the turning lanes, but unless something is done about the visibility on Route 20 around that ~S" curve, it will not work. The hillsides need to be cut back. Mr. Tucker said there are normally caution lights where there is a school. He believes there will be on both ends of the turn lane at the connector road, at least in the morning and afternoon hours when the buses are going in and out of the road. Mr. Marshall related several incidents he had seen on Route 20 from excessive speed. He said that four-lane road to that school is needed as soon as possible, and Route 20 needs to be straightened. Mr. Tucker said be believes that when there is some traffic at that intersection, it will cause people to start slowing down on that road. Selective traffic enforcement may also be needed in that area. Mr. Marshall said he thinks a police officer will be needed at that intersection in the mornings. Mr. Tucker said that type of thing is already occurring at Western Albemarle High School. Agenda Item No. 9c. Other Transportation Matters. Ms. Thomas said the residents appreciate the maintenance VDOT has scheduled on Gillums Ridge Road. They already see an improvement just with more water being applied to the road. Ms. Thomas said she received an E-mail from a person who is concerned about where the newly-paved Route 682 approaches Route 250 West and the steep drop-off on either side of that road. It is still in the construction stage, so no one can demand guardrails yet. But to some people who use the road, it looks quite dangerous. There is also a concern about the school buses who use the road. There are some orange warning cones in place to let people know there is a drop-off. Whatever could be done to get the guardrails in place would be appreciated. Ms. Tucker said they are in the final days of finishing up the project and doing a final inspection. She believes the guardrails should be put into place as soon as the weather breaks. Ms. Thomas asked for an update on the West Leigh Drive project. Ms. Tucker said in the next two weeks, VDOT should have a firmer construction estimate on which the Board can base a resolution. VDOT needs a resolution in order to insert this project as a Rural Addition in the Six-Year Plan during this Fall's revision of that plan. Basically there needs to be a guarantee of public rights-of-way which she believes the property owners are working on. Then it shows up in the Six-Year Plan with funding. That information should be available on July 1. Mr. Martin said on Route 29 North in front of General Electric there is a caution light. Further north at their second entrance there is no caution light. He asked if anybody had surveyed the traffic crossing over the southbound lane going into the plant at the same time as people from Briarwood Subdivision are coming out and turning right onto the southbound lane of Route 29. There is a commotion at that point every morning and every afternoon. He wonders if VDOT is aware of the traffic flow at that point. Ms. Tucker said she has been getting calls from citizens requesting a signal analysis at that location. It is scheduled to take place in a couple of weeks. One problem at that location is that the southbound lanes of Route 29 just north of the intersection with Route 763, come over a hill, and they do not allow for the appropriate sight distance or stopping distance needed for a signal. Mr. Martin said he is not advocating that there be a signal, especially one that would be there all day long. Maybe there could be one that would be used for a period of an hour or so in the mornings and afternoons. He just wants VDOT to look at the situation and look at any possibilities to remedy the situation. Ms. Tucker said it is an intersection that was looked at to receive Industrial Access funded improvements by virtue of the GE Plant. June 4, 1997 (Regular Day Meeting) (Page 27) 000 .,37 Those improvements would include a deceleration lane on Route 29 into Route 763. There is already a short substandard deceleration lane on Route 29. It would also include a longer than standard acceleration lane out of Route 763 onto Route 29 for the purpose of allowing trucks to merge because that is the service entrance to GE. At the same time, they would have to assure that there was appropriate sight distance as one crested that hill just north of the intersection on southbound Route 29. She does not know when the project will take place because it is a unique funding process which involves dedicated right-of-way which must come from GE. Mr. Martin said he has lived at Briarwood for several years. The traffic has increased substantially in that time. Ms. Thomas referred to the rail transportation program and an article in the newspaper that talked about the possibility of getting onto Amtrak. She thinks communities in Virginia should get together and apply some pressure. She said there is a demand for passenger rail service. She knows there is a State agency dealing with rail, so if other Board members agree, and there is anyway the Board could add its voice to attempts to get an Amtrak car added at the border of North Carolina and Virginia, she thinks it would be good. When talking about cutting down traffic on Route 29 North, long distance traffic could be impacted if there was the possibility of having reliable service to get to points north by Amtrak and back again in the same day. It used to be doable, but is becoming more difficult every year. Mr. Tucker said that Rail Division is a division of VDOT. He guesses VACO and VML may be another avenue to help gain some support to encourage that. Ms. Humphris asked Ms. Tucker how the Board would go about lending its support to this idea. It is a sensible thing to just add a car. Ms. Tucker asked if the question is how to get funding for rail and public transportation. Ms. Thomas said it is not about the funding, but how to get input into decisions which are probably made by Amtrak. Ms. Tucker said wish lists are presented at the Pre-allocation public hearing in the Spring when requests are taken for the Primary System, etc. It is only in the last five years that the Virginia Department of Rail and Public Transportation actually became its own department. She said the report under Item 8.8 on the Consent Agenda includes the Virginia Department of Transportation and the Virginia Department of Rail and Public Transportation. She said there are transcripts available of the Spring hearing where many people present their funding requests on behalf of Amtrak and public transit projects. MS. Humphris asked if the Board should then make this request at the regular public hearing in April. Ms. Tucker said "yes", and if it would be helpful to review that transcript along with what then becomes this budget, she would be happy to share those records with the Board. Ms. Humphris asked Mr. Tucker to have County staff include this idea in the Pre-allocation presentation next year. Mr. Bowerman thanked Ms. Tucker for acceding to his second request for a traffic study at Rio and Old Brook Roads just six months after the previous study showed a dramatic change. A signal will be provided at Rio Road. He appreciates VDOT being willing to go back and do that study. .~,, Mr. Bowerman mentioned the maintenance report for the bridge on Free State Road. He said the bridge is currently rated at eight tons and it is in poor to fair condition. He noticed a number of items that need to be replaced. If the repairs are not done, will the bridge continue to deteriorate? Will VDOT lower the weight limit? Exactly, what will happen now? Ms. Tucker said the railroad has said that their next location for maintenance repairs is the bridge on Route 651 (Free State Road) after they leave the CSX bridge repair in Covesville on Route 633. She thinks that will happen in late Summer to early Fall. At that time, the railroad will address those concerns outlined in the inspection report. She thinks they will try to stabilize slopes, replace bridge timbers and strengthen the rail system. She has been told they will do their best within their costs to maintain the bridge at an eight-ton posting. That will allow for passage of school buses, June 4, 1997 (Regular Day Meeting) (Page 28) 000 ...38 but not emergency vehicles. She believes the railroad is only required to maintain a posting that allows vehicular traff$c, which does not include a school bus. The intent at this time is to maintain that eight-ton posting. She believes the improvements the railroad will do later this year will be sufficient enough to maintain that eight-ton posting until the bridge comes up for replacement in the Six-Year Plan. That project has not yet been scoped, but she believes VDOT will upgrade and replace that as a non-restricted structure. Mr. Martin said it will be important that they do maintain the bridge as an eight-ton structure because there are a lot of children who live near the end of the road. It would be quite a long walk for smaller children to get to a bus. Ms. Humphris said she heard the end of a report on the radio where it was said that there was going to be a delay in the widening of the last segment on Route 29 North because of changes to the terminus of the proposed Western Bypass. She believes it was something that came from a CTB meeting. Ms. Tucker said she did not know anything about the impact of any changes because they are in the Six-Year Plan. She will find out what that specific impact is. Mr. Bowerman asked if VDOT is still planning to do anything additional to the very curvy section of Rio Road near the City limits. Ms, Tucker said VDOT turned that project in for safety funding of a nature that should pay for the project. Because of the incidences along that section of road, the road qualified for safety funding, but that will not be available until October, 1997. Because V/DOT is running into some difficulty obtaining the right-of- way, it was felt that it would be best to work from plans, as opposed to no plans or very minimal plans. Their first task is to start a survey which will take about a week. Once the safety funds become available, they hope that project can take place in the Spring or Summer of 1998. Mr. Bowerman asked if the intent is to go into the hillside in order to give more width so guardrails can be installed. Ms. Tucker said that is correct. VDOT will notch over into the embankment inside of the curves such that they get an additional five feet of pavement. It will be a very minimal shoulder and ditch on that inside curve. They are looking to put back a two- foot shoulder if they can squeeze that in and along what is now the existing edge of pavement (which appears to be failing rapidly), they will place guardrails along the existing edge and re-stripe the road accordingly. That guardrail will be placed in what is now the outside edge of pavement. Agenda Item No. 10. Alliance Report on Proposed Children, Youth and Family Commission, Presentation of. Ms. Roxanne White, Executive Assistant, said that the lack of a comprehensive system for assessing the need for and provision of children, youth and family services in Albemarle/Charlottesville was recognized by the 1988 Children and Youth Task Force through the Albemarle County Human Services Plan. That Plan concluded with a recommendation to charge an appointed group to oversee the assessment and provision of human services and implementation of the human services plan. A group composed of Children and Youth Commission (CAYC) members, Community Policy and Management Team (CPMT) members, City and County government representatives, and other interested individuals, after a year of looking, at service coordination issued, recommends an overall commission or oversight body to provide a stronger organization and a more streamlined and uniform process for assessing and delivering services to children, youth and families. Ms. White said a group called the "Alliance" (a coalition of these various representatives), proposes restructuring the CPMT and the CAYC commission to form an umbrella group for Albemarle and Charlottesville called the Children, Youth and Family Commission. This organization would be empowered by the local governing bodies, and the membership and current responsibilities of the CAYC Commission and the CPMT combined. The CAYC Commission was charged in 1990 by both the County and the City to serve as a comprehensive planning, coordinating and evaluating body for children and youth services. Shortly after its inception, the State mandated that each community set up a Community Policy and Management Team (CPMT) to serve the June 4, 1997 (Regular Day Meeting) (Page 29) ooo a9 needs of troubled and at-risk youths and their families in order to maximize the use of State and community resources. The State-mandated members of the CPMT include agency heads from both City and County Social Services and School Divisions, the Health Department, Region Ten, and Juvenile Court Services, as well as a private service provider and a parent representative. The Alliance feels that by combining the broader citizen input from CAYC with the knowledge base and the ability to implement programs from the County's and City's major human service agencies, including school divisions, a stronger, more balanced and more effective organizing and implementation body would be in place for children, youth and family services. Ms. White said the proposed new commission would be appointed by the County and City and consist of 18 members representing public and private agencies, local units of government and interested citizens. In addition to appointed citizens, all major participants in the delivery of children, youth and family services, including each school division, would be included. The University of Virginia and United Way would also be represented on the Commission. The new Commission's charge would be to provide a more comprehensive focus for planning, recommending, coordinating, delivering and evaluating children, youth and family services in the Charlottesville/ Albemarle community, including the mandated CPMT responsibilities (more detail can be found in the staff's report which is on file in the Clerk's Office.) Ms. White said staff recommends approval of the Alliance'~s proposed plan. If both the Board and City Council approve this initial proposal, staff will work with the Alliance to develop the charge, membership and implementation procedures for the new commission for the Board's final approval and appointment of members. Mr. Madison Cummings, a member of the Alliance, said he believes this change will be an improvement in the delivery of services throughout the community. He feels certain that members of the CAYC Commission would say this will be an improvement. Ms. Kathy Ralston said she is a member of the CPMT and believes integration of CAYC and the CPMT is important because of the dual roles of planning and evaluation. She believes it will be given an ability to focus and combine the energy of both of those groups on broader issues for families and children in the community. She believes the membership of the new group as proposed will commit the right people for the right reasons to this process. She thinks it will give the Board more confidence in the recommendations of the group. She encouraged the Board to support this request. Ms. Thomas said she is concerned that when the community representatives on CAYC, who by definition are amateurs in this field, meet with the people whose jobs are to deal with troubled children, that the community representa- tives may be overwhelmed. What will assure that the activities of CAYC will not be lost? Ms. Cynthia Stratton said a wonderful thing about the Commission is that the members come from a diverse background in terms of dealing with youth. Although it is citizen-based, there is a wide variety of expertise in terms of dealing with children, youth and families. She believes the people presently serving on CAYC have an expertise in this matter which is significantly greater than those serving on the CPMT. She believes the members of CAYC will be able ~'to hold their own." Ms'. White said this group will be taking on a huge task. The subcommittee structure was developed as a way of bringing in more citizens for the planning and evaluation needed. Ms. Thomas said she had noticed the words "adequate staff support will be important." She asked if this means additional staff. Ms. White said there will probably be that need in the future. The idea is to decide how to form these groups together to be more effective. Can these groups be joined together to be more effective, and can it be done with current staffing? They will look to see how the structure works, and then assess whether more staff is needed. Mr. Martin said he thinks this is a move in the right direction. He has worked with CAYC and also the CPMT. A lot of the time the people working on the CPMT teams did not realize what the people on CAYC were doing, and vice June 4, 1997 (Regular Day Meeting) (Page 30) oo0 40 versa. He thinks this will give the opportunity for people to work closely together and know what each other are doing and use each other's strengths. The CAYC Commission is more citizen-oriented as opposed to the CPMT team which is more professional-oriented. The joining of those two should produce a positive outcome. Ms. White said there has been a lot of duplication between the two groups and she thinks it will be a challenge for them to begin working as a team. Ms. Humphris said the Board is being requested for its approval of the proposed plan. She asked for a motion. Motion was offered by Mr. Martin, seconded by Ms. Thomas, to approve the Alliance's proposed plan for a stronger and more effective coordinating body for children, youth and family programs and services. Staff is to work with the Alliance to develop the charge, membership and implementation procedures for the new commission for the Board's final approval and appointment of members. 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. 11. Public Hearing to Consider an Ordinance to Amend and Reordain Chapter 2, Administration, Article I, In General, of the Code of Albemarle, in Section 2-2.1, Compensation of Board of Supervisors. This amendment will increase the regular salary of each Board member by $328.00, to establish compensation at $9,696.00 per year. (This public hearing was advertised in the Daily Progress on May 19 and May 26, 1997.) The Chairman opened the public hearing. Since no one was present to speak to this matter, the public hearing was closed. Motion was offered by Mr. Bowerman, seconded by Mr. Marshall, to Adopt an Ordinance to Amend and Reordain Chapter 2, Administration, Article I, in General, of the Code of Albemarle, in Section 2-2.1, Compensation of Board of Supervisors. 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. (The adopted Ordinance is set out in full below:) ORDINA/~CE NO. 95-2 (1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTR3~TION, ARTICLE 1, IN GENERAL, 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 2, Administration, Article I, In General, is hereby amended and reordained by amending Section 2- 2 1, Compensation of board of supervisors, as follows: Sec. 2-2.1. Compensation of board of supervisors. The salary of the board of supervisors is hereby set as follows: Nine thousand three hundred sixty-eight dollars and no cents ($9,368.00) for each board member; provided that in addition to his/her regular salary, the vice-chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired; provided, further, that in addition to his/her regular salary, the chairman shall receive a stipend of one thousand eight hundred dollars ($1,800.00). This ordinance shall be effective on and after July 1, 1997. June 4, 1997 (Regular Day Meeting) (Page 31) 000141 (Note: At 10:55 a.m., the Board recessed and reconvened at 11:05 a.m.) Agenda Item No. 12. Thomas Jefferson VENTURE Regional Strategic Plan, Presentation by Nancy K. O'Brien, and request for adoption of resolution. Ms. O'Brien said the VENTURE met every Thursday in May, the last Thursday being a public hearing. They defined ~'competitiveness" which could best be summarized by saying "competitive" for this region seems to be working together and acknowledging that there might be some differences of opinion. They then identified strengths and weaknesses of the region. The primary strengths are: 1) Preservation of the BEAUTY of the region is essential to maintaining and enhancing the economic viability of the region as increased tourism activities are a key component of the region's economic competitiveness. A regional agreement regarding preservation of the beauty of the area will be developed by identifying and describing the areas to be protected and the mechanisms to preserve them using local policies and ordinances within an interjurisdictional framework. 2) A key component to continued economic competitiveness and viability is a sound EDUCATION SYSTEM which provides excellent primary and secondary schooling, but also recognizes the importance of continued adult education through work force development and training. The education system in the region, while considered to be a strength, could benefit by increasing its accessibility and by spreading specialized learning and work force training through the region. Distance learning utilizes television technology to deliver instruction and in some cases includes infrastructure to allow interactive television classrooms. Such a distance learning program will be put in place through the region using agreements between localities, school boards, businesses, vocational-technical boards, the State Department of Education, Piedmont Virginia Community College and the University of Virginia. The primary weaknesses are: 1) SPRAWL is evident in all localities in the region. It is the antithesis of a vital, healthy region. It threatens the continued existence of rural lands. Sprawl decreases regional efficiency of expensive infrastructure and destroys the region's diverse identities of place, thus causing loss of economic vitality in existing urban areas, vehicular congestion, increased air pollution, loss of community identity, diminished rural character, and it leads to the need for excessive local government financing for expanded infrastructure. Action to be taken in this area will be to establish a regional committee designated by the local governing bodies to seek regional consensus on strategies for controlling sprawl. The committee will first identify lands or areas which are threatened regional assets and obstacles to efficient use of existing infrastructure, particularly roads. 2) To correct ECONOMIC DISPARITIES among the localities due to a need for jobs and a diversified tax base in each locality and to build a solid regional economic base, a partnership among interested localities will be created to develop employment centers that include a mixed use of residential, industrial, and commercial activities located in accordance with local land use plans. Such employment centers would be located in jurisdictions in need of a more diversified tax base and the highest concentration of residents affected by welfare reform. Work force training and transportation will be included in the planning and development of each center, with a primary focus on the employment and training of residents from the region. Initial partners will include the City of Charlottesville and Louisa County, possibly Fluvanna County. The initial project is targeted to Zion Crossroads at the intersection of 1-64 and U.S. Route 15. Work force training will be offered through Piedmont Virginia Community College programs and/or local high schools and technical schools. Expand the structure of the "Healthy Families Program" utilizing Children, Youth and Family Services, Association for Retarded Citizens (ARC), the Thomas Jefferson Health Department and the Monticello Area Community Action Agency to formulate a plan which builds on existing components in place in Charlottesville, Albemarle and Fluvanna. June 4, 1997 (Regular Day Meeting) (Page 32) Review existing housing plan for Regional Consortium HOME program. Commit funds to the regional housing trust fund managed by the Piedmont Housing Alliance with increased leveraging potential by limiting strings attached to the fund. Make these funds available to local nonprofit housing organizations for first-time home buyers and other housing activities. 3) RACE RELATIONS are an underlying area of concern as the relationships between people of different ethnic, racial and origins groups affect the ability of area residents to play on a level playing field and reach their potential. A representative group of citizens will be appointed to identify issues and set priorities and strategies for community action. Ms. O'Brien said the funding formula which was a part of the paperwork for today's meeting has already been approved by this Board. She then offered to answer questions about the draft plan. Ms. Humphris said there were some people present who would like to speak. Mr. Tom Olivier said he was present to speak on behalf of Citizens for Albemarle. They believe long-term planning is crucial to a good future for the region, and that good plans emerge from processes in which there is extended interaction between elected and appointed officials, staff members and residents. Citizens are aware of the economic disparities between Albemarle County and adjoining localities and think it is likely that a good strategic plan for economic development in the region can be developed. Citizens have drawn attention to areas in the region that beg for interjurisdictional cooperation and economic development. Mr. Olivier said the County's development policy came about after a long, demanding comment and revision process. The Venture strategic plan has been a compressed effort designed to meet an application deadline. He said the Regional Competitiveness Act allows regions to make submissions later this year and again next year Should not the processes by which regional policies are developed match the rigor expected in developing County policies. Mr. Olivier said Citizens for Albemarle asks that the Board not approve the current Venture Strategic Plan. They ask that the Board support submission to the program later this year or next year after a strategic plan has been produced through a more normal development process. He noted that Mr. Martin and Ms. Thomas, in recent months, have taken time to come to places like Schuyler, which is a bi-jurisdictional community to meet with local residents to discuss economical needs. Mr. Marshall is well aware of the needs in the Schuyler area and has put them on the record many times in the past. (See copy of full statement which is on file in the Clerk's Office.) Mr. Tim Lindstrom was present to represent the Piedmont Environmental Council. He said the staff and the Committee of the Venture did a tremendous amount of work in a short period of time. The plan presented to the Board has taken into account a number of comments and criticisms made at the hearing. He said Ms. O'Brien's comments this morning gave him some new information. He did not realize that the Board had approved the so-called funding formula. He noted copy of a resolution attached to the draft plan noted as "Resolution to Approve the Funding Formula for Activities Undertaken in the Regional Competitiveness Program" is essentially a carte blanche. He said there is no formula in the resolution. The Plan, while it is a very major work product which has been produced in a short period of time, establishes no priorities for funding. It identifies programs to be funded, but it does not establish within that plan any priorities as to how the funds should be allocated. He thinks this would be a matter of concern to the Board. He said if the Board has already approved this so-called formula, he asks the Board to defer acting on the plan until the plan includes clear priorities for funding. He said the PEC supports the position of Citizens for Albemarle to think more clearly about this. If the Board wants to act on this today, he urged that guidelines for funding be established. Mr. Bowerman said this issue came up at the meeting last Thursday. The priorities were to be based on the discussion of the group and priorities were to be based on what the group thought was the highest priority from the top, down. He asked if Mr. Lindstrom had a problem with that approach because it does not designate that beauty and sprawl are the two biggest concerns. June 4, 1997 (Regular Day Meeting) (Page 33) ooo .4a Mr. Lindstrom said when PEC saw the draft plan it did not seem that the plan meshed at all with the comments that had been collected. There was a scoring process that the Venture members went through to score different issues in terms of their concerns. The scoring process did not seem to reflect what was in the plan. Staff said it did not intend for the plan to establish any priorities. The Plan did not establish priorites other than to say that all of the things listed are important. He said that has not changed, but there has been a reshuffling of the categories in the plan, but they still do not reflect the priorities that were established by the Venture. He said the plan itself does not say the first priority shall be beauty even though it is first on the list. Even given that, it does not suggest what percentage of funds should be allocated to these categories. He said the minimum amount of money the Venture can get if it is successful is $180,000, and that is the first installment of five. That assumes that every region in the state which is qualified under the law applies for funds, and every region in the state gets the funds. He just does not read the draft plan as having any direction at all. With no one else rising to speak, Ms. Humphris said the matter was before the Board for a decision. Ms. Thomas said the group that selected beauty and sprawl as the main concerns would be the same group dealing with the money issue. It will not be a new and different group taking over when the money is available. The chairs of the boards of supervisors and the mayor are the group that worked on the funding formula. Mr. Davis also questioned whether it was a formula, but the State Department of Housing and Community Development said it does satisfy their requirements for a funding formula. Ms. Humphris said she also had a problem with the funding formula, but when it was decided that it could be considered a formula, she assumed that when it was said ~to fund the priority activities" that the activities would be prioritized at this point. She had been out of town and did not get to see the plan until yesterday. She does not find any rationale for what is in the strategic plan as far as priority activities. She assumes it is a broad definition of priority activities, and the ones listed are the ones chosen from the total list, without them actually being prioritized. Ms. Thomas said the priorities are listed in terms of the number of points they were given by the group with beauty being first and education second. Then the negative aspects to be attacked had sprawl first and economic disparities third, and race relations were a separate issue. So, there was no discussion of prioritizing them. Ms. Humphris said work will have to be done if and when any money becomes available. She understands the reservations presented by Citizens for Albemarle. It has been a ~'crash" effort. It has been designed to meet this particular deadline. She also does not believe time has been taken to carefully analyze capability with the Comprehensive Plan and other things mentioned. She hopes that if this goes forward all of these things will be dealt with as the group deals with the priorities. She does not like to have things go forward without everything being in place in a logical order, and she does not believe that is being done; they are not based on the board analyses she would like to see done. She understands the will of the region to do it. She does believe that Albemarle County is much more knowledgeable about many more things than some of the other entities. Mr. Bowerman asked if a priority is set and the group gets the $180,000 but decides that all of the money should go toward education and the Zion Crossroads Industrial Park, is that where the money goes because this is a regional approach. Ms. Thomas said the group that developed the list of strengths and weaknesses and puts priorities on them are a group of civic-minded people from this region who are concerned about beauty, public education and sprawl. It comes down to whether one believes this region's participants have any good sense and share the same interest in the region that this Board shares. Mr. Davis said in talking with State representatives, he was told that each May a progress report has to be submitted to the State to continue to be eligible for the funding. At that time, the County has the ability to change the funding formula. One option would be to ask that the County's pro-rata share be paid directly to the County instead of directly to Venture as it is 000 .44 June 4, 1997 (Regular Day Meeting) (Page 34) set up now. In those circumstances, the Board could spend that money in any way it wished. The first year, he believes the Board will have to rely on the Venture and the priorities that it sets, thereafter, if the Board is not satisfied, the Board could have more direct control over the funds. Mr. Marshall said it is a regional plan, and in order for the County's neighbors to benefit from this, Albemarle County needs to participate. The Board may not want any of these funds for Albemarle, but to deprive the City, or Fluvanna, or Greene, or Nelson of them, is not fair. For that reason, he will support the plan. Mr. Bowerman said the issue is whether this Board has the confidence to trust the process and the organization that was put together, to follow through on what has transpired up to this point. He said the Board needs to allow the process to work and then reevaluate if it moves in a direction that is objectionable. He will support the resolution with the confidence that the group will proceed as Ms. Thomas laid it out, with the expression of different interests on a lot of priorities. Ms. Humphris asked Mr. Bowerman if that was a motion in support of the resolution. Mr. Bowerman said he would make it that. Mr. Marshall gave second. Mr. Martin said he sees this the same as Mr. Bowerman and Mr. Marshall see this in terms of it being a regional effort, and later this Board can make a decision about how to deal with things it does not like. Ms. Humphris said she will continue to make allowances for what she thinks is a crash process and support it hoping it will be of benefit to the region. 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. RESOLUTION TO APPROVE THE VENTURE REGIONAL STRATEGIC PLAN WHEREAS, the Albemarle Board of County Supervisors agreed to join with the localities of the City of Charlottesville, and the Counties of Fluvanna, Greene, Louisa and Nelson to work toward meeting the requirements of the Regional Competitiveness Act; and WHEREAS, the group appointed by the Thomas Jefferson Planning District Commission, named the VENTURE, has written By- Laws to guide the operation of the VENTURE; and WHEREAS, the VENTURE has also developed and held hearings on a Regional Strategic Plan; and WHEREAS, the Albemarle Board of County Supervisors is interested in a continuing working relationship with the other localities in the region to build on the strengths and diminish the weaknesses of the region. ...... NOW, THEREFORE, BE IT RESOLVED that the Albemarle Board of County Supervisors approves the VENTURE Regional Strategic Plan. Agenda Item No. 13. Request from John Dorrier to Set a Public Hearing to Amend the Service Area Boundaries of the Albemarle County Service Authority for Water Only to Existing Structure(s) on Tax Map 62, Parcel 24B. Mr. Cilimberg said Mr. John Dorrier has requested service area designation for ~water only" to serve a 2.7 acre parcel containing a seven unit apartment, a pole barn and an attendant's shed, all lying in a growth area. This parcel is located between Dorrier Drive and Route 20 just south of the Key West Subdivision. The property would be served by the new Key West waterline which is planned to be located along Route 20 North. The Albemarle County Service Authority has indicated that there will be adequate capacity in June 4, 1997 (Regular' Day Meeting) (Page 35) the new waterline to serve this property. public hearing with this request. 000'{45 Staff does recommend proceeding to Motion was offered by Mr. Martin, seconded by Ms. Thomas, to set the public hearing for July 2, 1997. 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: Mr. Bowerman filed a Transactional and Disclosure Statement disqualifying himself for participating in the discussion on this item. He has a personal interest in a contract and perspective future contracts with the applicant for fitness equipment.) Agenda Item No. 14. Request from Forest Lakes Associates to Set a Public Hearing to Amend the Service Area Boundaries of the Albemarle County Service Authority for Water and Sewer Service to Forest Lakes, Tax Map 46, Parcel 97A1 and Tax Map 46B5, Parcel 1. Mr. Cilimberg said the applicant requests service area designation for water and sewer service to 126 acres. The property is part of the Forest Lakes South development and is located east of Powell Creek, north of Route 643, west of the Norfolk Southern Railroad and south of the Hollymead Subdivision. The Board, at its meeting on December 14, 1994, amended the Land Use Plan in the Comprehensive Plan and included these parcels into the Hollymead Community. The property is currently zoned PUD and is proposed for the development of 185 houses. This property would be served by the Powell Creek Interceptor and the Forest Lakes South waterline. The Albemarle County Service Authority has indicated that capacity exists in both of these lines to serve this property. The request is consistent with the public utility policy of the Comprehensive Plan. Mr. Cilimberg said there is a parcel (Tax Map 46, Parcel 97B) that is not under the ownership of Forest Lakes that is within this area. The Board could add that land at this time if they so chose. Mr. Tucker recommended that the property be included at this time. Motion was offered by Mr. Martin, seconded by Ms. Thomas, to set the matter for public hearing on July 2, 1997. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Thomas, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. NAYS: None. ABSTAIN: Mr. Bowerman. Agenda Item No. 15. Request from Irving and Carol Gottesman to Set a Public Hearing to Amend the Service Area Boundaries of the Albemarle County Service Authority (ACSA) for Sewer to Undeveloped Lot, Tax Map 60, Parcel 70D. Mr. Cilimberg said the applicants, Irving and Carol Gottesman, have requested service area designation for sewer service to an undeveloped lot described as Tax Map 60, Parcel 70D (Lot 5) of Terrell Subdivision. The lot, consisting of 2.03 acres, is located at 245 Terrell Road West off Georgetown Road. The applicants stated that the request for sewer service is based on a desire to protect groundwater and the nearby creek, and to preserve the wooded environment on the subject property. Because of the required 100-foot front and 50-foot side building setbacks required by the subdivision covenants, along with the 100-foot septic setback from the stream at the rear of the lot, the applicants say they have little latitude in house location. Mr. Cilimberg said that at its meeting of October 3, 1984, the Board approved an amendment to the ACSA service area to provide sewer service to Lots 2, 3 and 4 of Terrell Subdivision where homes were under construction. The Board cited the fact that the 29 lots in this subdivision had been in existence at the time of adoption of the Zoning Ordinance on December 10, 1980, and, therefore, extension of sewer would not constitute an encouragement of growth within the rural area because, in this case, the growth had already occurred. Other factors cited in support of the approval were preservation of trees and other vegetation onsite, and the fact that the sewer line crossed 000 .46 June 4, 1997 (Regular Day Meeting) (Page 36) the lots in question. Subsequent to that 1984 approval, the County instituted a new policy in its 1989 Comprehensive Plan regarding extension of water and sewer to properties outside of the growth area. Mr. Cilimberg said the subject property is not located within a designated Development (Growth) Area. The sewer line serving Old Forge Road runs along the southern property line of Lot 5 and does have adequate capacity to serve this lot. A septic permit application has been submitted to the Thomas Jefferson Health District and District staff have stated that it will be approved. Adequate area exists for both new septic and reserve fields. Although a sewer line lies adjacent to Lot 5 (the first criteria related to extension of service), the applicants have not provided any information to the Planning office demonstrating that a health or safety concern currently exists (the second criteria). The applicants have expressed a desire to preserve the existing trees which were originally part of a nursery established on the property. Although three of the 29 lots within Terrell Subdivision have been approved for sewer service, County policy on amendment of the service area has changed since that approval and this request does not meet the current policy. Approval of the request would not be in conformity with the Comprehensive Plan, and thus is not recommended. He said the applicant was present this morning, and he believes she would like to speak. Ms. Carol Gottesman said the lot is no longer vacant. She said initial clearing has taken place, but there has been no clearing for a septic field. She said the sewer line does run through the property, not adjacent as mentioned in the report. Also, the creek mentioned does not run through the edge of the property, but about 40 feet from the Old Forge side. Because of the creek on the property, there is also the County's requirement for a 100- foot setback from that creek for a septic field. That 140 feet which cannot be used serves as a good buffer between Old Forge and Terrell Subdivision. Also there is an easement in Terrell Subdivision of ten feet for utilities. She said the sewer line is at least 25 feet into her property, and the last manhole cover is about 40 feet into Lot 6. Ms. Gottesman said as far as being considered a Rural Area, utility lines are in Terrell Subdivision for gas, water, cable and electricity. The area is not rural, but very suburban. Also, as mentioned, there was a nursery on the property before it was turned into a subdivision. Lot 5 has azaleas and rhododendrons and lots of other small trees. They want to save as many of the original trees as possible to try and maintain the rural character of the property. She said they feel that being connected to the sewer line would be healthier for the creek. She said they now live across the street and have a huge pond, and when trees were taken out for that building they created an erosion problem (unbeknownst to them at the time) that eventually led to a lot of extra soil moving into that creek. They think it would be environmentally logical to save that from happening to this creek. Hooking to the sewer line which is on the property would be environmentally logical and would be better for the creek, and also help preserve a nice buffer for the neighborhoods. Ms. Gottesman said as long as the Board has allowed the three adjacent lots to be connected to sewer service, they would also like to be allowed to connect. She drew the Board's attention to a drawing showing the lots and pointed out Lots 5 and Lot 7. She said Lot 7 is a very rugged lot and should someone ever want to build on it, she does not believe there is a septic field location on that lot. Ms. Humphris said she understands the environmental issues the Gottesman's have brought to the Board. The problem is that the Board has to balance those individual environmental concerns with the integrity of the policy under which the Board operates. She talked with the County Attorney to see if there were a way the Board might distinguish between this application and another. His answer was that the Board could not anticipate what it might face in the future and any departure from the policy leaves the Board open to having set a precedent. She talked to Ms. Gottesman and told her that unless there were very unusual circumstances involved to make the request stand up against anything the Board might receive in the future, she would not be able to support the request. Even though there are good things involved such as protecting the trees, and buffering the adjacent property, she finds that the application does not go by the policy established in the Comprehensive Plan. She cannot support the request. Ms. Thomas said she had two similar situations in her district recently, but she thinks the policy is a very important one. 000147 June 4, 1997 (Regular Day Meeting) (Page 37) Mr. Martin said he had one case in his district that was similar to this request. What if the policy were expanded to include cases where the line is actually existing on a piece of property? Ms. Thomas said her answer is to remember the Crozet Interceptor which goes right through a lot of properties in the watershed. The Board wanted to be sure it did not encourage growth all along Route 250 West in the watershed, and that is why that has been a firm policy. Ms. Humphris said that is the answer. That is a major part of the policy of protecting the South Fork Rivanna watershed. Mr. Perkins said there seem to be two different kind of sewer lines. There are lines, such as the Crozet Interceptor, which are going somewhere to serve a community. Then there are other lines which are scattered around the circle around the City and those lines are not impacting future growth. It seems foolish to him to require someone to put in a septic system and, if it then fails and they request a hookup, it is granted at that point because there is a health problem. In this case where the line goes through the lot, he feels it would protect the watershed more by being able to hook to it. Ms. Humphris said this is the quandary the Board always has to face. In some ways it would seem a more sensible thing to be able to do, but the fact remains, up until now nobody has been able to show the Board how it can be done in an individual situation. If someone can clearly state exactly what the difference is in this case that nobody else has in their situation) that would make the difference. Mr. Martin said he will support Ms. Humphris' feelings in this matter, but he thinks Mr. Perkins make a good point when talking about the line to Crozet and the line to Glenmore being lines that are going somewhere. He said it is possible that more than just this one property would be included, but would it be a disastrous thing? He is committed to protecting the line to Glenmore, and not have a lot of growth follow that line. That same protection has been offered to Crozet. He feels bad when something is reasonable and the Board admits it is reasonable, but there is a rule that prevents the Board from doing what is reasonable. Adding to that is the fact that the Board wants to protect the watershed, and the watershed would be better protected by a sewer line which is already on the property, as opposed to the applicants building a septic field which one day will fail. Ms. Humphris said that is the choice the Board had to make in establishing a policy. Will there be a policy that is firm and not subject to the problems that occur when making exceptions? That is the price the Board has had to pay for doing that. In all the years the policy has been in place, no one has ever been able to find a way to make an exception without the danger of having it establish a precedent. Mr. Davis said the policy does not have any flexibility in it that would allow the Board to take circumstances under consideration relating to environmental or other issues. If the Board goes outside of the policy to make such considerations, the next project requested, and one which the Board may not feel compelled to approve, can state environmental problems and other circumstances. It will then become an issue for the court to determine whether or not the policy is a firm policy, or a policy that should take other factors into consideration. That is a ~chink in the armor" of the growth management policy that has been important to this Board. Mr. Marshall said it makes perfectly good sense that the Gottesman's should be able to hook their property to the sewer line, but what Mr. Davis said also makes good sense. It is Ms. Humphris' district, and he will not vote against her. ~ Ms. Humphris said it is a tough thing. She believes the whole Board would like to see that happen, but the Board has to look at the bigger picture which is the growth management plan. Obviously, one departure from that policy will take this Board to court, and it "goes down the drain from there", or so to speak. The request is to set a public hearing, but with regret she cannot support the request. Motion was then offered by Mr. Marshall, seconded by Ms. Thomas, to deny the request to go to public hearing. Roll was called and the motion carried by the following recorded vote: AYES: Ms. Thomas, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. NAYS: None. June 4, 1997 (Regular Day Meeting) (Page 38) ABSENT: Mr. Bowerman. 000:1.48' Agenda Item No. 16. Wireless Telecommunications Task Force Final Report, Presentation of. Mr. Bill Fritz, Senior Planner, was present to make the presentation. He noted that the County has processed a total of 14 requests for towers intended to provide cellular phone service. A total of eight requests have been approved, and there are eight requests pending at this time. He said the Telecommunications Task Force met several times, and this report is a summary of their recommendations. One of their recommendations was to provide substantial mapping of areas where improved service is desired, and that has been partially done. He said that using the Open Space Plan will identify those resources the County has already designated as significant resources that should not be adversely impacted by the location of the wireless facilities. Care needs to be taken that any areas identified as areas to be avoided do not prohibit service. The Task Force also added a provision to allow for administrative approval of mobile sites to serve during special events or disasters. Mr. Fritz said another recommendation was to provide maps of all the known facilities of all providers which would aid in collocation and to allow an increase, by-right, in the height of existing structures, which would include buildings, towers, transmission lines, flag poles, light poles and signage unless the increase in height causes the tower to be lit or result in a change in lighting status. Mr. Fritz said another recommendation was to establish 40 feet or 25 percent above the existing tree line, whichever is greater, as the standard for construction of new towers in the rural areas. If an applicant wanted to go beyond this, it would require justification, but would not guarantee any approval. One of the more significant recommendations was to permit the by- right construction of towers in commercial and industrial zoning districts which are also designated as such in the Comprehensive Plan. The height of these by-right towers would be limited to 150 feet. Towers of greater height would require a special use permit. There was some disagreement as to how that should be done. Some merabers believed the tower should be subject to the same setbacks as a primary structure in commercial or industrial, and some felt it should be setback a distance of the height of the tower from any adjoining residential or rural area property. There was also discussion about the use of stealth sites, so they added a new word "camouflage technology", and the tree towers are camouflage technology. Stealth sites are those in church steeples or the cupola of a building. Mr. Fritz said another goal of the Task Force was to insure compliance with the 1996 Telecommunications Act. A fact sheet of information provided by the Federal Communications Commission (FCC) was included with this report today. In particular, they discussed development of a standard review format for staff reports and Board motions to insure that a written record is established for all actions. Other recommendations are to determine the detriments caused by telecommunication facilities and establish criteria to determine when these detriments are substantial, and to establish a method for determining the existing character of the district in which a facility is proposed and establish criteria to determine when the character of the district will be changed. Mr. Fritz said staff had considered requiring once-a-year review of telecommunication facilities. Based on information provided by the County Attorney's Office, that cannot be done. The service providers have agreed to informally provide once-a-year information to the Board. Even an informal report would allow staff to find out what the providers are trying to do, and help to get them to work together in collocation, etc. There was no intent to get away from the old practice of using ~tower farms" wherever possible. Mr. Fritz said the Task Force had provided the Board with recommendations, for example, to do by-right expansions or locate in commercial districts (which would require amendment of the Zoning Ordinance), and some other recommendations require additional review. They also discussed the hiring of RF consultants to determine areas that need additional service, or to determine if existing structures might be adequate instead of adding a new facility. Service providers believe there is no need to do that because the cost and the time involved in applying for a new tower will exhaust all 000 [49 June 4, 1997 (Regular Day Meeting) (Page 39) options for construction on existing facilities. He then offered to answer questions. Ms. Humphris asked for Board comments on the report. Ms. Thomas said she is not convinced that a consultant is needed because she thinks what would be asked of a consultant is exactly what the applicants themselves will want to analyze carefully. She thinks they will try to find all the existing tower(s) they can use. She said it would help her to be able to see an example of something that is 40 feet above the existing tree line. The by-right construction of towers in commercial and industrial zones, as well as on County property, gives her trouble. This was brought to her mind by the recent request near Murray Elementary School. She wondered what would happen if the use were by-right on an elementary school property, or it was by-right on an industrially-zoned property such as the one very near Murray. ~he would not be comfortable with either of those situations being by-right. Mr. Fritz said the Ivy site is unique in that the industrial area is not so designed in the Comprehensive Plan. The language recommended contemplates that the commercial or industrial would be designated as commercial or industrial in the Comprehensive Plan. Ms. Thomas said she had not thought about that distinction. Mr. Fritz said many localities have established criteria for the location of facilities on publicly-owned property to insure it does not conflict with any existing or potential needs that the public may have for the site. Mr. Bowerman asked Mr. Davis about the following statement from Section 704(a) of the 1996 Act: "... local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services." He said he did not understand the actual effect on the Board's considerations of the part of the sentence referring to personal wireless services. Mr. Davis said that under the Federal Act localities are pre-preempted in their land use considerations from denying an adequate level of service so a wireless system can be put in place. Mr. Bowerman asked if it is both wireless and PCS. Mr. Fritz said there are several types of technology, but the two most common types are wireless and PCS. Mr. Davis said that at this point, what is not delineated in case law is what level of service has to be provided in order for the provision of personal wireless services to be established. It will be a critical issue as more of these things are proposed because service cannot be denied. Ms. Humphris said she believes the Board needs a private engineering firm because these requests will continue to come to the Board piecemeal and the Board will get the information from the providers piecemeal. What the Board needs is ~the big picture", because this independent group would identify the areas of inadequate service, in what areas facilities should not be provided, where there ms the possibility of collocation, all of the technical detail which staff and the Board are not able to produce. Not having an overall picture of what can be anticipated in the future has been the problem all along. She suggested that the Board hold a work session on this report. It was the consensus to have that session at the July 2 Board meetZng. Agenda Item No. 17. Appointments. This item will be discussed after the Executive Session. Agenda Item No. 18. Other Matters not Listed on the Agenda from the BOARD. Mr. Perkins said he received a letter from a constituent expressing concerns about a problem with deer and automobiles. Apparently the police make no record of the number of incidents that occur. What this person is suggesting is that Albemarle County have a deer control program. Before that could be done, some records from the Police Department as to how many automobiles have collisions with deer would be needed. He handed Mr. Tucker the letter for reference. 000 .50 June 4, 1997 (Regular Day Meeting) (Page 40) Agenda Item No. 19. Executive Session: Personnel and Legal Matters. At 12:30 p.m., motion was offered by Mr. Bowerman, seconded by Ms. Thomas, to adjourn into executive session pursuant to Section 2.1-344(A) of the Code of Virginia under subsection (1) to discuss personnel matters regarding appointments to Boards and Commissions and an administrative evaluation, and under subsection (7) to consult with legal counsel and staff regarding specific legal matters relating to reversion, probable litigation relating to a claim for attorneys' fees and probable litigation relating to a public safety incident. 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. 20. Reconvene and Certify Executive Session. The Board reconvened into open session at 4:14 p.m. Motion was immediately offered by Mr. Bowerman, seconded by Ms. Thomas, that the Board certify by a recorded vote that to the best of each Board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the executive session were heard, discussed or considered in the executive session. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin and Mr. Perkins. None. Agenda Item No. 17. Appointments Mr. Martin recommended the reappointment of Mr. Paul C. Harris, Sr. and Dr. Maurice H. Lipper to the Children and Youth Commission, with new terms to expire on June 30, 2000. Ms. Thomas recommended the reappointment of Ms. Nancy Whiting Barnette and Mr. Edward L. Strickler, Jr., to the Advisory Council on Aging, with new terms to expire on May 31, 1999. Ms. Thomas recommended the reappointment of Mr. Sanford P. Wilcox to Jefferson Area Board on Aging, with new term to expire on March 31, 1999. Mr. Perkins recommended the reappointment of Mr. Vernon W. Jones to the Industrial Development Authority, with new term to expire on January 19, 2001. Mr. Bowerman recommended the appointment of Mr. Gregory W. Edwards to the Purchase of Development Rights Committee (there is no term limit on this committee). Mr. Martin recommended the reappointment of Mr. Clark C. Jackson to the Piedmont Virginia Community College Board of Directors, with his new term to expire on June 30, 2001. Mr. Martin recommended the appointment Of Mr. Jeffrey W. Sobel as the joint County/City representative on the Community Policy and Management Team (there is no term limit on this committee). Mr. Marshall seconded the recommendations for appointments and reappointments. 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. Approved by Board of County Supervl sors Initials June 4, 1997 (Regular Day Meeting) (Page 41) ooOxsx (Not Docketed) Mr. Tucker said information from Planning staff dealing with the N&S zoning request can be available for June 18. The Board agreed to hear the petition on June 18, with the meeting being held in the Auditorium. Mr. Marshall said he would be leaving town on July 6 for two weeks. Agenda Item No. 21. Adjourn. With no further business to come before the Board, the meeting was adjourned at 4:17 p.m.