1997-10-15October 15, 1997 (Regular Day Meeting)
(Page 1)
OOO060
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on October 15, 1997, at 7:00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris,
Mr. Forrest R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and
Mrs. 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 7:00 p.m., by the
Chairman, Mrs. Humphris.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
PUBLIC.
Mr. Chip German introduced Mr. John Halliday, the new director of the
Jefferson-Madison Regional Library. Mr. Halliday spent nearly 13 years as
director of the Waukon County library system, headquartered in Bellingham,
Washington. He is a 1976 graduate of Rutgers University with a MLS Degree in
Library Administration. Mr. Halliday was the unanimous and enthusiastic
choice of the Board of Directors of the Jefferson Madison Regional Library.
Mr. Halliday said he has been in public library work for approximately
20 years. He brings to this position an educational and solid public library
managment background. He hopes to be able to use that education and experi-
ence to help provide the citizens of Albemarle County with the best possible
public library service. He commented that the public libraries in this area
receive higher use per capita than the national average. Libraries are not
just books any more; they are also technology. He thanked the Board for
allowing him to be here.
Mr. Bruce Hogue said the Albemarle County Farm Bureau, at its annual
meeting in August, 1997, adopted a resolution in support the meals tax. At
its Board meeting a couple of days ago, the Farm Bureau restated that support.
Ms. Lauren Grossman presented a brochure highlighting the events of this
year's Virginia Film Festival. The Festival will be saluting Virginia
Filmmakers. She encouraged everyone to attend the events.
Mrs. Humphris said at the Twenty-Fifth Anniversary of the Thomas
Jefferson Planning District Commission, she received on behalf of the Board, a
partnership citation in which the Commission recognized the importance of
working with the Albemarle County Board of Supervisors in realizing a vision
for the future of this Region.
Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Thomas,
seconded by Mr. Bowerman, to approve Items 5.1 through 5.5, and to accept the
remaining items as information. Roll was called and the motion carried by the
following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
NAYS: None.
Item No. 5.1. Appropriation: Comprehensive Services Act (CSA),
$462,593.80 (Form #96086).
The Executive Summary states that the Comprehensive Service Act (CSA),
established by the General Assembly in 1992, provides a pool of funds to
October 15, 1997 (Regular Day ~e~n~)
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00006 1.
localities to purchase services for at risk or troubled children and families.
These mandatory services require a 45 percent local match and are overseen by
the Community Policy and Management Team (CPMT). The increasing number of
children requiring special education, specialized foster care and court
services, has resulted in a FY 1996/97 shortfall of $462,593.80, of which
$207,897.53 is required local match.
The initial FY 1996/97 CSA pool allocation of $1,262,199 consisted of
$692,694 in state funds and $578,505 in local dollars funded through the
School Division and the Department of Social Services operating budgets.
Projecting that the cost of FY 1996/97 mandated services would far exceed this
initial pool allocation, the state supplemented the County's pool funds in
June by $336,292, 45 percent of which requires a local match of $150,154. In
addition to the supplemental local match for services, a shortfall of
$57,743.53 occurred in FY 1996/97 due to some delayed FY 1995/96 expenditures
that were carried over and paid out of FY 1996/97 funds. Final expenditures
for FY 1997 totaled $1,724,792.80, a shortfall of $462,593.80. Of this
shortfall, the state will contribute $237,798.15, the FY 1995/96 fund balance
$16,898.12 and the required local match of $207,897.53.
These mandated costs have been incurred despite the aggressive cost
containment strategies implemented by the CPMT. Diligent pursuit of Medicaid
and other federal funding, parental support and SSI for foster children has
increased and the Albemarle DSS has been a leader in the state in establishing
eligibility for foster children in federal categories, receiving reimbursement
for about 67 percent of the caseload in federal funds compared to 45 percent
statewide. DSS has also pursued Independent Living funding and Family
Preservation funding which have a much lower match rate (20 percent) to offset
the costs of these children and families.
This year the CPMT conducted a comprehensive study of all foster care
prevention cases served in FY 1996 to determine appropriateness of "mandate"
classification and degree of success of services provided. The results
confirmed that cases so designated were consistently classified appropriately
and that success in preventing foster care or court placement was achieved in
75 percent of the cases. A 1995 study found that of 61 children placed in
preventive foster care, 53 did not come into future care under either DSS or
the Court.
Factors contributing to the increased requirement for funds include:
A 39 percent increase in the number of mandatory children served with
CSA funds as of June 1997 compared with FY 1996;
Since FY 1994, the total number of children in foster care has increased
over 75 percent (from an average of 40 children in care to an average of
70+ children in care);
The percentage of children entering care with significant emotional and
behavioral problems which require specialized placement has grown
steadily (32 percent in FY 1994, 55 percent in FY 1995, 74 percent in FY
1996 and 69 percent as of May 1997;
The cost of a specialized placement per child is over $30,0000/yr;
Temporary care for seriously emotionally disturbed children with a
history of aggressiveness, chronic runaway behavior and/or suicidal
behavior can cost as much as $300+ per day to maintain in a secure
setting in order to stabilize them enough to transition to a less
restrictive and less costly setting.
A 94 percent increase in the number of preventive foster care cases,
particularly court referred youth. These funds are used to provide
community based and residential services in order to keep a child from
going into foster care.
A 211 percent increase in the expenditures for court referred children
over FY95/96.
The attached charts (copies on file} show the rising number of children
in foster care since 1992. Charts 1 and 2 show the rate of growth in the
number of new foster care cases and the number of new cases that require some
form of specialized placement. Charts 3 and 4 show the percent of new foster
October 15, 1997 (Regular Day ~ng)
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00006
care cases needing specialized placement that has grown from 32 percent in
1994 to 81 percent in 1997 and the trend over the past two years.
Compared to other localities across the state, Albemarle has been
relatively fortunate not to have incurred a CSA shortfall up to this time
considering the rising number of children requiring placement, as well as the
increasing severity of emotional problems these children bring with them.
Funding the escalating costs of mandated CSA services is a statewide problem
and one that all the local agencies, i.e. social services, court services,
Region Ten and education continually strive to address by providing lower cost
community based alternatives to foster care and out of area placements.
The appropriation form funds $462,593.80 in expenditures over the
initial budgeted amount of $1,262,199. Of this over expenditure, the state
will pay $237,798.15, FY 1995/96 carry-over funds will fund $16,898 and
$207,897.53 must be allocated from local funds.
Staff recommends approval of Appropriation #96086 in the amount of
$462,593.80 using $207,897.53 in local funds from the General Fund fund
balance. The Department of Social Services returned approximately $130,000
after reappropriations to the fund balance, $113,000 of which was a one-time
windfall from the state reflecting two years past due money owed Albemarle
County for FY 1995 and FY 1996 overhead, i.e. heat, IS support, payroll,
accounting, etc.
The Board approved the following Resolution of Appropriation, by the
above shown vote:
FISCAL YEAR: 1996/97
NUMBER: 96086
FUND: CSA
PURPOSE OF APPROPRIATION:
YEAR END ADJUSTMENTS FOR COMMUNITY SERVICES ACT
PROGRAM.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1155153120300205
1155153120520100
1155153120571211
1155153120571212
1155153120571213
1155153120571214
1155153120571215
1155153120571216
1155153120571217
1155153120571218
ADMINISTRATIVE SERVICES
POSTAL SERVICES
RESID.-PUBLIC MANDATED
RESID. PRIVATE MANDATED
NON-RES.-PUBLIC MANDATED
NON-RES.-PRIVATE MANDATED
RES.-PUBLIC NON-MAArDATED
RES.-PRIVATE NON-MANDATED
NON-RES.-PUBLIC NON-MANDATED
NON-RES.-PRIVATE NON-MANDATED
TOTAL
($587.00)
437.44
(140,466.15)
518,501.17
48,203.03
79,419.22
0.00
35,237.18
(32,590.50)
{45,560.59)
$462,593.80
REVENUE DESCRIPTION AMOUNT
2155151000510100 CSA FUND BALANCE $16,898.12
2155151000512004 TRANSFER FROM GENERAL FLrND 207,897.53
2155124000240109 STATE POOL FUNDS 237,798.15
TOTAL $462,593.80
TRANSFERS DESCRIPTION AMOUNT
1100053013571205 CSA-LOCAL MATCH 207,897.53
2100051000510100 GENERAL FUND BALANCE 207,897.53
Item No. 5.2. Request to set a public hearing for November 5, 1997, on
a Deed of Easement for the proposed natural gas lines to be installed in
Greenfields Court off Berkmar Drive in the County.
The Executive Summary states that Section 15.1-262 of the State Code
requires the Board to hold a public hearing prior to conveying any interest in
County-owned property, including easements. The City of Charlottesville's Gas
Division has requested an easement for the proposed natural gas lines to be
installed in Greenfields Court off Berkmar Drive. The Engineering and Public
Works Department has reviewed the Deed of Easement provided by the City and
has approved the location of the gas lines. Staff recommends that a public
October 15, 1997 (Regular DaY ~ee~ng)
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000063
hearing be set for November 5, 1997 to consider granting the requested
easement to the City Gas Division.
The Board set a public hearing for November 5, 1997, to consider
granting the requested easement to the City Gas Division, by the above shown
vote.
Item No. 5.3. FY 1998 Virginia Juvenile Community Crime Control Act
(VJCCCA) State Plan and Resolution.
The Executive Summary states that the 1995 Virginia Juvenile Community
Crime Control Act (VJCCCA) changed the manner in which Department of Juvenile
Justice (DJJ) funds were distributed to the localities to serve youth who come
before the Juvenile and Domestic Relations Courts. Under a state formula that
initially measured FY 1993 Childcare days, Albemarle County was able to
receive $185,560 in FY 1997 and will receive $202,444 in FY 1998. In order to
access these funds, each locality, or combination of localities, must develop
an annual plan to show how funds will be spent to serve this population. To
receive funding, localities must submit a biennial plan to DJJ along with a
resolution.
The revised FY 1998 plan being submitted to the Department of Juvenile
Justice allocates the County's $202,444 across several programs, some of which
have been in place and some of which are new programs. The plan also uses
$63,915 in unspent FY 1996/97 funds that the state will allow the County to
carry forward for FY 1998 expenditures. The plan proposes the following
allocation of funds among the various juvenile justice programs in the
community: the Curfew Center program for emergency intake and crisis inter-
vention; the First time Offender Project, which targets and diverts first time
offenders; the Intensive Probation Program which provides a Probation Officer
to perform intensive supervision for high risk juvenile offenders; the VJCCCA
Coordinator position and office to oversee and implement the Juvenile Court
Assessment Center; the Electronic Monitoring Program; and Project SOAR, an
intensive counseling program to prevent juvenile delinquency. The development
of this plan has been a collaborative effort among the City of Charlottes-
ville, the County of Albemarle, the Court Service Unit, Community Attention
and the CACY Commission. Although no additional local funding is required,
the County must continue its 1995 maintenance of effort in the amount of
$63,915, which is the County's local contribution to Community Attention.
The purpose of the plan is to establish a balanced community-based
system of sanctions, programs (both prevention and intervention) and services
for juvenile offenders. The VJCCCA funds provide Charlottesville/Albemarle
with the opportunity to create this community-based system with .the develop-
ment of the new programs in conjunction with the established programs. The
Juvenile Justice Committee of the newly formed Commission on Children and
Families will oversee the VJCCCA programs.
The Juvenile and Domestic Relations Court and the Court Services Unit
support this plan for the use of VJCCCA funds. The plan will be submitted to
the State DJJ Board for approval at their November meeting. DJJ requires a
resolution from the Board of Supervisors certifying that Albemarle County will
not contribute less funding to juvenile services than was utilized in FY 1995,
not use these funds to supplant any other local funds for juveniles, will
comply with provisions established under the Virginia Code by the Department
of Juvenile Justice, has consulted with the Juvenile and Domestic Relations
Court, and will submit routine reports to the Department of Juvenile Justice.
Staff recommends approval of the attached resolution required by the
Department of Juvenile Justice in order to receive $202,444 in FY 1998 funds
and to be able to utilize $10,544 in FY 1996/97 carry-over funds. Subsequent
to state approval of the plan, staff will bring revised FY 1998 VJCCCA funding
appropriations to the board for approval.
The Board adopted the following Resolutin, by the above shown vote:
WHEREAS, the 1995 Virginia General Assembly enacted the Virginia
Juvenile Community Crime Control Act to establish balanced,
community-based systems of sanctions, programs, and services
for juvenile offenders effective January 1, 1996; and
WHEREAS, the Department of Juvenile Justice has approved funding for
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000064
the City of charlottesville through the 'Virginia Juvenile
Community Crime Control Act for FY 1998 in the amount of
$202,044; and
W~EREAS, the County of Albemarle has submitted a plan to the
Department to use these Virginia Juvenile Community Crime
Control Act funds to provide services to youth who come before
the Juvenile and Domestic Relations Court in FY 1998;
NOW, THEREFORE, BE IT RESOLVED T~AT the Board of County Supervisors
of Albemarle County, Virginia, certifies that it:
ao
Will not contribute less funding for the implementation
of this local plan than was expended for block grant
funded programs for services either operated or utilized
in FY 1995 in compliance with ~16.1-309.6 of the Code of
Virginia; and
Will not utilize funds provided by this Act to supplant
funds established as the state pool of funds under ~2.1-
757 in compliance with §16.1-309.3 of the Code of
Virginia; and
Will comply with all provisions of §16.1 -309.9 of the
Code of Virginia which gives the Board of Juvenile
Justice the authority to establish and enforce standards
and to review the expenditures and services established
by the local plan; and
Consulted with the judge(s) of the Juvenile and Domestic
Relations District Court and the Director(s) of the
Court Services of the participating jurisdictions(s);
and
Will submit routine reports and any other information to
the Director of the Department of Juvenile Justice for
each program or service funded by the Act in compliance
with §16.1-309.3 E and ~16.1 -309.10 of the Code of
Virginia and all applicable Departmental procedures.
Item No. 5.4. Agreement with Cornerstone Corporation, owner/manager of
the Trophy Chase Apartment complex on Peyton Drive for use of an apartment as
an office by the Albemarle County Police.
The Albemarle County Police Department has been negotiating with the
owners/managers of the Trophy Chase Apartment complex on Peyton Drive in
Albemarle County concerning the possible use of an apartment at the complex as
an office by the Community Policing Unit of the Department. This would enable
the Community Policing Unit to have a permanent police presence in this part
of the community, and would give the Unit its own separate base of operations.
The agreement provides that an apartment would be provided to the County
Police at no rent, and the Agreement may be terminated by the County at any
time. The County would be responsible for the payment of certain utilities
and insurance for County property placed at the premises. Staff recommends
that the Board approve the proposed agreement.
The Board authorized the County Executive to execute the following
agreement with Cornerstone Corporation, the owner/manager of the Trophy Chase
Apartment complex on Peyton Drive for use of an apartment as an office by the
Albemarle County Police Department:
RENTAL AGREEMENT
THIS RENTAL AGREEMENT (hereinafter the "Agreement") made and
executed this 15th day of October, 1997, by and between CORNER-
STONE CORPORATION, a Virginia Corporation (hereinafter the ~Land-
lord"), and the COUNTY OF ALBEMARLE POLICE DEPARTMENT (hereinafter
the ~County" or "Tenant").
WITNESSETH THAT:
October 15, 1997 (Regular Day ~eeting)
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000
Landlord and Tenant do hereby mutually covenant, promise and
agree as follows:
1. Premises. Landlord agrees to rent to Tenant apartment
number 2411-101 of the Trophy Chase Apartment Community for the
term and upon the covenants, terms and conditions hereinafter set
forth.
2. Term. The term of this Agreement is for one (1) year,
commencing on October 30, 1997 and expiring on October 30, 1998.
Upon mutual agreement of Landlord and Tenant, evidenced in writ-
ing, this Agreement may be extended for one or more additional
terms.
3. Rent. Landlord agrees that Tenant shall pay no rent,
but that Tenant's occupancy of and presence at the leased premises
shall constitute adequate consideration, receipt of which is
hereby acknowledged. No security deposit shall be required.
4. Use. Landlord acknowledges and agrees that Tenant may
use the leased premises for any law enforcement or public safety-
related purpose during the term of the Agreement, including but
not limited to use by the Community Policing Unit as an office.
5. Utilities. Landlord agrees to pay the costs of water
and sewer service and trash collection. Tenant agrees to pay the
costs of electricity and heat.
6. Termination. This Agreement can be terminated at any
time by either party, with or without cause, upon 30 days written
notice.
7. Rental Agreement Addend,,m. Landlord and Tenant agree
that the terms and conditions set forth in the Rental Agreement
Addendum (hereinafter the "Addendum") attached hereto are incorpo-
rated in this Agreement by reference, with the exception of the
Second, Third, Fourth, Fifth, Seventh, Ninth, Thirteenth, Four-
teenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Twenty-
Fourth, Twenty-Seventh, Twenty-Eighth and Twenty-Ninth paragraphs
of said Addendum.
8. Liability. Notwithstanding any provision to the
contrary set forth in this Agreement or in the Addendum, Landlord
and Tenant acknowledge that said provisions shall neither consti-
tute a waiver of the County's sovereign immunity nor subject the
County to liability, exposure or obligation to third parties under
federal, state and/or local laws, ordinances, rules or regula-
tions. This declaration and agreement does not excuse any obliga-
tion the County may have to Landlord pursuant to this Agreement or
Addendum; rather, it addresses only the potential creation of
liability, exposure or obligation to others as a result of this
Agreement or Addendum.
9. Approval by Board of Supervisors. This Agreement is
subject to approval by the Albemarle County Board of Supervisors.
10. Entire Agreement. This Agreement shall constitute the
entire agreement between the parties hereto, and may be modified
only by mutual consent evidenced in writing.
11. Notices. Ail notices and other communications which
may or are required to be given by one party to the other shall be
in writing and shall be deemed to have been properly given if and
when delivered personally or sent by registered or certified mail,
postage prepaid, addressed as follows:
(a) If to Tenant:
Office of the Chief of Police
Albemarle County Office Building
401 McIntire Road
Charlottesville, VA 22902
October 15, 1997 (Regular Day Meeting)
(Page 7)
oooo
(b)
If to Landlord:
Cornerstone Corporation
2407 Peyton Drive
Charlottesville, Virginia 22901
IN WITNESS WHEREOF, the parties have executed this Rental
Agreement the day and year first written above.
LANDLORD:
TENANT:
Approved as to form:
County Attorney
CORNERSTONE CORPORATION
By:
Title:
COUNTY OF ALBEMARLE, VIRGINIA
By:
Title:
Item No. 5.5. Agreement with Odd Fellows organization for use of W. D.
Ward Center in Esmont as a satellite office by the Albemarle County Police
Department.
County staff has been negotiating with the Esmont Lodge No. 7444 of the
Odd Fellows organization, which is a benevolent fraternal nonprofit associa-
tion affiliated with the Grand United Order of Odd Fellows, concerning the
possible use of the WD Ward Community Center in Esmont as a satellite office
by the Albemarle County Police Department. This would enable the County to
have a permanent police presence in the Esmont community, which would also
serve other communities in Southern Albemarle.
The agreement provides that suitable space would be provided to the
County Police at no rent; however, because the property currently is unin-
sured, the County would agree that, in lieu of rent, it would contribute the
costs of insurance (not to exceed $1000 annually) during the term of the
agreement in order to have an insurable interest in the property and to
protect this interest.
The agreement also provides that the County may, in its sole discretion,
make certain improvements to the Center, subject to available funding and
other resources. Staff recommends that the Board approve the proposed
agreement.
The Board authorized the County Executive to execute the following
agreement with the Odd Fellows organization for use of the W. D. Ward Center
in Esmont as a satellite office by the Albemarle County Police Department:
AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") made and
executed this 15th day of October, 1997, by and between the
ESMONT LODGE NO. 7444 OF THE GRAND UNITED ORDER OF ODD FELLOWS, a
benevolent fraternal nonprofit organization (hereinafter the "Odd
Fellows"), and the COUNTY OF ALBEMARLE, VIRGINIA {hereinafter the
~County").
WITNESSETH THAT:
Odd Fellows and the County do hereby mutually covenant,
promise and agree as follows:
1. Premises. Odd Fellows agrees to provide space suit-
able to the County within the property known as the "WD Ward
Center" (the "Center") to the County for use as a satellite office
by the Albemarle County Police Department, for the term(s) and
upon the covenants and conditions hereinafter set forth.
October 15, 1997 (Regular Day Meeting)
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000067
2. Term. The term of this Agreement is for one (1) year,
commencing on November 15, 1997 and expiring on November 15, 1998.
Upon mutual agreement of Odd Fellows and County, evidenced in
writing, this Agreement may be extended for one or more additional
terms.
3. Rent. In consideration for occupancy of the premises,
the County shall pay to Odd Fellows up to $1,000.00 towards the
costs of a general liability insurance policy that Odd Fellows
agrees to procure in order to insure the Center. This policy
shall provide fire, general liability and aggregate insurance
coverage in such amounts that are adequate to insure the Center
and County-owned property located within the Center. The County's
obligation shall not exceed $1,000.00. The parties agree that the
County's obligation to pay rent during the initial term shall be
satisfied in full by the payment of this amount. The parties also
agree that the County's occupancy of and presence at the Center
will confer a valuable benefit upon Odd Fellows and the community '
and shall constitute additional consideration, receipt of which is
hereby acknowledged. No security deposit shall be required.
4. Use. Odd Fellows agrees that County may use the
leased premises for any law enforcement or public safety-related
purpose during the term of the Agreement, including but not
limited to Us~ by the County Police Department as a satellite
office.
5. Utilities. The County agrees to provide and pay the
costs of separate electric service to the portion of the Center it
will use pursuant to this Agreement, including the costs of
baseboard heat. The County's electrical usage shall be metered
separately and billed directly to the County. Odd Fellows agrees
to pay the costs of water and sewer service and trash collection
for the entire building, and agrees to pay the costs of oil heat
and electricity for the portion of the building not occupied by
the County.
6. Im rovements. Upon the mutual agreement of the
parties hereto and subject to available County funding and other
resources, the County agrees to consider making certain improve-
ments to the Center and grounds. The costs of such improvements
will be subject to negotiation by the parties. Such improvements
may be made at the County's sole discretion and it is expressly
understood that the County is not obligated in any way to do so.
In the event any improvements are made, they shall remain County
property at all times during the term(s) of this Agreement and
thereafter, but Odd Fellows shall have the initial right to
consent to such improvements. At the termination of the initial
or subsequent term(s) of this Agreement, the County at its discre-
tion may remove any or all such improvements, with no further
liability or obligation to Odd Fellows.
7. Insurance. Odd Fellows agrees to add the County as an
additional named insured to the policy of insurance referenced in
paragraph 3 of this Agreement, and shall provide proof of insur-
ance from an insurer acceptable to the County prior to the effec-
tive date of this Agreement. The County agrees to provide and
maintain insurance to cover its own personal property located
within the Center.
8. Indemnification. Odd Fellows shall at all times
indemnify and hold harmless the County, its employees, officers
and agents, from any claim whatsoever arising from Odd Fellows'
exercise of its rights or privileges as stated herein, or arising
from any activities of Odd Fellows at the Center.
9. Termination. This Agreement can be terminated at any
time by the County, with or without cause, upon 30 days written
notice.
10. Liability. Notwithstanding any provision to the
contrary set forth in this Agreement, Odd Fellows and County
acknowledge that said provisions shall neither constitute a waiver
October 15, 1997 (Regular Day Meeting)
(Page 9)
0000
of the County's sovereign immunity nor subject the County to
liability, exposure or obligation to third parties under federal,
state and/or local laws, ordinances, rules or regulations. This
declaration and agreement does not excuse any obligation the
County may have to Odd Fellows pursuant to this. Agreement; rather,
it addresses only the potential creation of liability, exposure or
obligation to others as a result of this Agreement.
11. Approval by Board of Supervisors. This Agreement is
subject to approval by the Albemarle County Board of Supervisors.
12. Entire Aqreement. This Agreement shall constitute the
entire agreement between the parties hereto. This Agreement may
be modified only by mutual consent evidenced in writing.
13. Nonappropriation. This Agreement is subject to annual
funding by the Board of Supervisors of the County of Albemarle,
Virginia. In the event the Board of Supervisors fails to appro-
priate the funds necessary to perform the services specified in
this Agreement, this Agreement shall be deemed canceled, with no
penalty to the County, and of no further effect.
14. Notices. Ail notices and other communications which
may or are required to be given by one party to the other shall be
in writing and shall be deemed to have been properly given if and
when delivered personally or sent by registered or certified mail,
postage prepaid, addressed as follows:
(a) If to the County:
Chief of Police
Albemarle County Police Department
Albemarle County Office Building
401 McIntire Road
Charlottesville, VA 22902
(b) If to Odd Fellows:
Graham Paige
7314 Porter's Road
Esmont, VA 22937
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first written above.
ESMONT LODGE NO. 7444 OF THE GRANT
UNITED ORDER OF ODD FELLOWS
By:
Title:
COUNTY OF ALBEMARLE, VIRGINIA
By:
Title:
Approved as to form:
County Attorney
Item No. 5.6. Copy of minutes of Planning Commission meeting of
September 30, 1997, was received as information.
Item No. 5.7. Copy of amendment to the roadway and track values for CSX
Transportation, Inc., for tax year 1997, was received as information.
Item No. 5.8. Copy of minutes of the Albemarle-Charlottesville Regional
Jail Authority board meeting of August 14, 1997, was received as information.
OctOber 15, 1997 (Regular Day Meeting)
(Page 10)
00006:9
Item No. 5.9. Copy of Statement showing the Equalized Assessed Value as
of the beginning of the First Day of January, 1997, of the Property of Water
Corporations in the Commonwealth of Virginia and the State Taxes Extended for
the Year 1997, as made by the State Corporation Commission of Virginia, was
received as information.
Item No. 5.10. Copy of Statement showing the Equalized Assessed Value
as of the beginning of the First Day of January, 1997, of the Property of
Electric Light and Power Corporations in the Commonwealth of Virginia and the
State Taxes Extended for the Year 1997, as made by the State Corporation
Commission of Virginia, was received as information.
Item No. 5.11. Copy of Statement showing the Equalized Assessed Value
as of the beginning of the First Day of January, 1997, of the Property of Gas
and Pipeline Distribution Corporations in the Commonwealth of Virginia and the
State Taxes Extended for the Year 1997, as made by the State Corporation
Commission of Virginia, was received as information.
Item No. 5.12. Copy of Statement showing the Equalized Assessed Value
as of the beginning of the First Day of January, 1997, of the Property of
Telecommunications Companies (local exchange telephone services, interexchange
services, radio common carrier systems, cellular mobile radio communications
systems and telegraph services) in the Commonwealth of Virginia and the
Regulatory Revenue Taxes Extended for the Year 1997, as made by the State
Corporation Commission of Virginia, was received as information.
Item No. 5.13. Copy of the Albemarle County Service Authority's
Comprehensive Annual Financial Report for the fiscal year ended June 30, 1997,
was received as information.
Agenda Item No. 6. SP-97-30. U.S. Cellular Tower (Ivy) (Sign #69).
(Applicant requests deferral until November 5, 1997.)
Mr. Davis said, because of two developments, staff may recommend that
this application be deferred again on November 5th. The first case construing
the Telecommunications Act as it relates to locating towers in Virginia was
decided last week in a case involving Virginia Beach. He is reviewing that
case to determine if the County needs additional information before taking
final action. The second development is that the RFP for the consultant to
look at the tower issue is advancing. In addition the schedule for procuring
the consultant and a tower expert may be known by November 5th when staff
intends to share the draft RFP with the Board. If an expert is available to
look at the Ivy area in a reasonable time frame, the Board may want to defer
this request until it obtains that analysis from the expert.
Motion was offered by Mr. Marshall, seconded by Mrs. Thomas, to defer
SP-97-30 until November 5, 1997. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 7. SP-97-11. Panorama Trails, Inc. (Signs #88&89).
(Applicant requests indefinite deferral.)
Mrs. Humphris said the applicant has requested that this item be
deferred until January 21, 1998. She will not be present at that meeting and
asked if the Board would consider hearing the item, but not voting on it until
a meeting in February, when she can be present. It was the consensus of the
Board to defer the item until February.
Motion was offered by Mr. Bowerman, seconded by Mr. Marshall, to defer
SP-97-11 until February 11, 1998. Roll was called and the motion carried by
the following recorded vote:
October 15, 1997 (Regular Day Meeting)
(Page 11)
000070
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The next two items were heard concurrently.)
Agenda Item No. 8. SP-97-03. Virginia Land Trust (Sign # 32). Public
hearing on a request to establish church on approx 5.22 acs. Znd RA. Located
on E side of Rt 29N, approx 1.5 mi N of Proffit Rd. TM32,P22K, Lot A. Rivanna
Dist. (This property is Neighborhood Density Residential (3-6 du/ac).
(Advertised in the Daily Progress on September 29 and October 6, 1997.)
Agenda Item No. 9. SP-97-46. Virginia Land Trust (Korean Community
Church) Flooding Crossing (Sign #75). Public hearing on request to cross
flood plain [30.3.6] on approx 5.22 acs. Znd RA & Flood Hazard Overlay Dist.
Located in Hollymead Community on E sd of Rt 29N approx 1.5 mi N of Proffit
Rd. TM32,P22K, Lot A. (This petition was filed concurrently w/SP-97-03, a
request to allow construction of 7,500 sq ft church [10.2.2.35] on same
parcel. Rivanna Dist. (Advertised in the Daily Progress on September 29 and
October 6, 1997.)
Mr. Cilimberg summarized the staff's reports on SP-97-03 and SP-97-46.
The major issue in the discussion of this item has been access from Route 29
North. VDoT has stated that the Church's access road must align with the new
research park's entrance. Staff has recommended approval of both petitions
with conditions. Because of an uncertainty by the applicant as to when they
will actually be able to get underway with the development of the church site,
they have requested that this be a five year approval, which can be granted
under conditions by the Board.
Mr. Cilimberg said the Planning Commission, at its meeting on September
16, 1997, unanimously recommended approval of SP-97-03 subject to seven
conditions. The Commission also recommended approval of SP-97-46 subject to
two conditions.
Mrs. Humphris asked what is meant by the language in condition #2 for
SP-97-03: "...furnishing signal components for the eastern side .... " Mr.
Cilimberg responded that signal components are the applicant's share of signal
phases for the traffic signal that would ultimately be necessary at that
intersection due to the traffic. Mr. Cilimberg added that this applicant is
not obligated to do anything if development occurs before this project and a
signal is installed. Someone else can satisfy this applicant's conditions.
Mrs. Humphris asked about the affect on this property, if it is decided
that an interchange is going to be installed. Mr. Cilimberg said there was
considerable discussion with VDoT on that issue and it was determined that if
an interchange was ultimately necessary, the actual site development would not
be directly impacted. It is also probable that the applicant would access the
road coming east from that interchange.
Mrs. Humphris asked if this access easement is sized to serve the Towers
Land Trust property, when it is developed. Mr. Cilimberg said this access
easement is for the applicant's use only assuming they are the first to
develop, but it would require a tie in to the Tower's property. If the Towers
property is developed first, the applicant would have access from the Towers
road. This is all under the control of Virginia Land and it would be through
an arrangement with the purchasers.
At this time the Chairman opened the public hearing was opened.
Mr. Katurah Roell, said there is a good chance the Towers may develop a
part of the back portion of the property which goes to Route 785. The church
is interested in a five year approval. They were concerned that after they
purchase the land, they have the necessary time to raise the funds to make the
site improvements and build the church. Mr. Roell said this application was
filed in January, 1997, but it was deferred for six months while UREF and VDoT
attempted to determine the entrance location and how it would align with
Virginia Land's entrance. He has already done preliminary studies with regard
to locating sewer on the property. The applicant has worked with staff to
address a lot of the issues. The church has been located at the far northern
end of the property so that it will not interfere or be in the midst of any
other type of residential development activity that may take place on the
balance of the parcel.
October 15, 1997 (Regular Day Meeting)
(Page 12)
00007'1
Mrs. Thomas commented about a statement made at the Planning Commission
that this was going to be a challenging and, therefore, probably expensive
site to develop. Mr. Roell responded, ~not necessarily". The applicant has
done a preliminary site plan. They have worked out an area where there is a
pretty nice flat-top ridge. The building size and parking lot have been
platted. The applicant realizes that if Towers build their road and moves the
access up hill, he will end up shifting the access to the property.
There being no other comments from the public, the public hearing was
closed.
Mrs. Humphris referred to the following words in the 7th condition:
".... the Engineering Department and the Water Resources Manager, to the
extent practical, to locate the road access out of the critical slopes and
shall incorporate .... " She thought it would be clearer if the words "to the
extent practical" went in after "critical slopes." Mr. Cilimberg agreed.
Mr. Martin said he thinks the Planning Commission did a good job in
discussing a lot of the issues. He then offered motion, seconded by Mrs.
Thomas, to approve SP-97-03, subject to the conditions recommended by the
Planning Commission, and condition #7 amended as proposed. Roll was called
and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The conditions of approval are set out below:)
The Korean Community Church shall be operated in accordance
with the description provided with the application submitted
for SP-97-03, included herein as Attachment C (copy on
file). Changes to this plan of operation may require an
amendment to this special use permit;
At the time of site development, the applicant shall comply
with all requirements of the Virginia Department of Trans-
portation regarding relocation of the access road, furnish-
ing signal components for the eastern side of the intersec-
tion shared by the research park, installation of a turn and
taper lane along Route 29, and other requirements described
in correspondence from VDOT dated August 1, 1997 and Febru-
ary 10, 1997, and included herein as Attachments E and F
(copies on file);
At the time of issuance of a building permit, determination
of the availability of public water and sewer shall be made
by the Director of Planning and Community Development. If
water and sewer are determined to be reasonably available,
the church shall be required to connect to these utilities;
The final site plan shall include a greenway dedication of
one hundred (100) feet minimum or that area necessary for
the establishment of the trail;
The use, structure or activity for which this permit is
issued shall commence within five (5) years from the date
this permit is issued. The term ~commenced" shall mean
commencement of any structure necessary for the use of the
permit or the issuance of a VDOT entrance permit;
The site construction is not to disturb the natural water
quality buffer of stream and river valley wooded slopes; and
At the time of site plan submittal, the applicant shall work
with the Engineering Department and Water Resources Manager
to locate the road access out of the critical slopes, to the
extent practical, and shall incorporate a stormwater manage-
ment plan that addresses water quality issues as well as
water quantity.
Motion was then offered by Mr. Martin, seconded by Mrs. Thomas, to
approve SP-97-46, subject to the conditions recommended by the Planning
Commission.
000072
October 15, 1997 (Regular Day Meeting)
(Page 13)
Mr. Davis asked which of the recommended conditions referred to the five
year approval for the special use permit. Mr. Cilimberg commented that the
Planning Commission added a second condition at its meeting. After reading
the letter to the condition, he added that he believes a mistake was made in
the letter. The second condition is not applicable to SP-97-46. Following
some discussion, it was agreed that the second condition in the letter from
the Planning Department would be eliminated and replaced with the same
language in condition #5 recommended for SP-97-03.
Mr. Martin then an%ended his motion to include condition #1 as recom-
mended by the Planning Commission and set out in the letter dated October 8,
1997, to the applicant, exclude condition #2, and add a separate condition #2
as follows: ~The use, structure or activity for which this permit is issued
shall commence within five years from the date this permit is issued. The
term ~commenced" shall mean commencement of any structure necessary for the
use of the permit or the issuance of a VDOT entrance permit." As seconder,
Mrs. Thomas agreed. Roll was then called and the motion carried by the
following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The conditions of approval are set out below:)
Grading within the flood plain shall occur only in associa-
tion with relocation of the entrance road from Route 29, and
such grading shall comply with all requirements set forth in
the August 1, 1997 memorandum from the Department of Engi-
neering, included herein as Attachment I (copy in file in
the Clerks office); and
2 o
The use, structure or activity for which this permit is
issued shall commence within five years from the date this
permit is issued. The term ~commenced" shall mean commence-
ment of any structure necessary for the use of the permit or
the issuance of a VDOT entrance permit.
Agenda Item No. 10. SP-97-36. First Citizens Bank (Sign #85&86) .
Public Nearing on a request to construct 2,930 sq ft bldg w/ assoc three
drive-thru lanes, an ATM & parking on 1.349 acs. Znd HC. Located on SW
corner of Rt 29 N & Timberwood Blvd inter. TM46B4,Pl(part of). Rivanna Dist.
(Property recommended for Community Service in Hollymead Community.)
(Advertised in the Daily Progress on September 29 and October 6, 1997.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. Staff has reviewed this
request for compliance with the provisions of Section 31.2.4.1 of the Zoning
Ordinance and recommends approval subject to one condition. The Planning
Commission, at its meeting on September 16, 1997, unanimously recommended
approval of SP-97-36 subject to the condition by staff.
Mr. Cilimberg said in the discussion regarding this proposal and site
plan consideration, there was the question of whether a sidewalk might be
provided along the frontage. Staff is working with the applicant on that
issue and it is expected to be addressed as part of the final site plan. At
the request of the Commission, staff is working on a walking system for that
area before the final site plan is signed.
Mrs. Thomas asked if there is anything this Board needs to do in order
to encourage or assure that process. Mr. Cilimberg responded, uno". Staff
feels that it can be addressed as part of the final site plan. Today, the
applicant indicated that the sidewalk would most likely be located along the
frontage. This sidewalk would be part of an overall system. Since there is
no pedestrian walkway up to the intersection, staff is working with the
applicant on the possibility of a pathway on the southern side of Timberwood
Boulevard. The staff is also working with the applicant on a continuation of
the path, which currently ends at Gatewood Townhomes, to cross Worth Crossing
at its intersection with Fortune Park Road.
The Chairman then opened the public hearing.
Mr. Peter Bishop, representing First Citizens Bank, said this is their
second facility. This facility is smaller than the one located on Dominion
October 15, 1997 (Regular Day Meeting)
(Page 14)
00007
Drive. One of the things the applicant has done with this facility from an
architectural standpoint is to have an entrance on both sides of the building,
but one of them is actually a false front which gives the appearance of a
front along Route 29 North, as well as the main entrance. The applicant will
work closely with staff to facilitate pedestrian traffic. The applicant has
no problem meeting the required sight distance which will mean relocating some
of the current landscaping. He has no problem with the condition recommended.
There being no other comments from the public, the public hearing was
closed.
Motion was then offered by Mr. Martin, seconded by Mr. Bowerman, to
approve SP-97-36, subject to the condition recommended by the Planning
Commission. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The condition of approval is set out below:)
1. Drive-through windows will be limited to four (4).
Agenda Item No. 11, ZMA-97-04. Daniel Bieker (Sign #94). Public
Hearing on a request to rezone 5.0 acs from RA to R-6 w/ proffers. TM79,P25A.
Located on Ashton Rd in Rivanna Village. RA zoning carries density of 0.5
du/ac; proposed zoning allows 6 du/ac. Proffered rezoning would result in
density of 4.8 du/ac & the County's Land Use Plan shows a neighborhood
residential density of 3 to 6 du/ac. Rivanna Dist. (Advertised in the Daily
Progress on September 29 and October 6, 1997.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. Staff has reviewed the
proposal for conformity with the Comprehensive Plan and the Zoning Ordinance,
and recommends approval subject to the proffers submitted by the applicant.
Mr. Cilimberg said the Planning Commission, at its meeting on September
30, 1997, recommended approval of ZMA-97-04 subject to acceptance of the
applicant's proffers, with the following suggested changes:
Proffer #7 related to maintenance of tree cover except where
necessary for road and home construction include a provision
for the installation of utility lines.
2 o
The pedestrian path shown on the conceptual plan extend to
Glenmore Way.
Mr. Cilimberg said Mr. Bieker has submitted revised proffers which
address the Commission's recommendations. He has provided for the Board a new
set of proffers that are intended to clarify and allow for proper enforcement
of the original proffers. These proffers do not change the intent, but they
reference particular aspects of the development that will ensure the intent of
the proffers is met. There are now ten proffers that the applicant has
provided. The proffers have been reviewed by the staff and the County
Attorney's office.
Regarding the common area path, the Commission did suggest that it be
made available for Glenmore residents to use for access to the fire station.
Since the path is not proposed as a public path., it would have to be main-
tained by the homeowner's association. Mr. Bieker did not feel it was a fair
obligation on the homeowner's association for them to have to be responsible
for maintaining a path for use by residents other than those belonging to the
homeowner's association. As a result, Mr. Bieker proffered to extend the path
to Glenmore Way for the benefit of the Ashton Woods residents. This extension
of the common area path would be advantageous to those residents. The
Glenmore community has other direct access through an existing trail to the
fire station property. As a result, staff does not believe it is necessary
for additional pedestrian access to be provided through the Ashton Woods
community for Glenmore residents.
Mrs. Thomas asked if the path will be more attractive to someone who
might want to walk to the fire station. Mr. Cilimberg said there is no
pathway system. Someone would have to come out of the gatehouse walk along
0000'74
October 15, 1997 (Regular Day Meeting)
(Page 15 )
the road and then cross over. Glenmore's path system is internal. He does
not see it as a major issue.
At this time, the Chairman opened the public hearing.
Mr. Daniel Bieker said he purchased this property about 11 years ago
with the intent of building his own residence. The property is now surrounded
on three sides by the Glenmore development and the fire station. He has three
choices. He can continue to pay taxes which rise substantially every year
because of the increased property values of Glenmore, he can sell it or he can
develop the property himself. He intends to build much more affordable
housing, under $200,000. Most of the houses in Glenmore are $500,000 and up.
The homes will be small and energy efficient. The lighting will meet the dark
skies initiatives. He can control tree clearing through the homeowners
association covenants. He plans to keep tree clearing to an absolute minimum.
This area is in the heart of the growth area. It is not a question of if it
will grow, but how it will grow. He thinks this type of development meets the
goals of the Comprehensive Plan to maximize the growth areas.
There being no other comments, the public hearing was closed.
Motion was offered by Mr Martin, seconded by Mr. Marshall, to approve
ZMA-97-04 subject to acceptance of the applicant's proffers as set out on the
Proffer Form, dated October 15, 1997, and signed by Daniel Bieker, on the same
date. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The Proffers are set out below:)
PROFFER FORM
Date: October 15, 1997
ZNLA #97-04
Tax Map Parcel{s) 79-25A
5.00 Acres to be rezoned from RA to R-6
Pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance, the owner, or its duly authorized agent, hereby volun-
tarily proffers the conditions listed below which shall be applied
to the property, if rezoned. These conditions are proffered as a
part of the requested rezoning and it is agreed that (1) the
rezoning itself gives rise to the need for the conditions; and (2)
such conditions have a reasonable relation to the rezoning
requested.
The location of the private roads, the 24 single family
attached units in twelve structures, and the common space
shall be in general accord with that shown on the Proffered
Conceptual Plan for Ashton Woods dated July 2, 1997 and
revised August 6, 1997 (the "conceptual plan").
2 o
The uses permitted shall be limited to those permitted by
sections 16.2.1.2 (a maximum of 24 single family attached
units in twelve structures only), 16.2.1.11, 16.2.1.13 and
16.2.1.14 of the Albemarle County Zoning Ordinance, as such
was in effect on October 15, 1997.
The owner shall establish a homeowners' association which
shall operate pursuant to a declaration of conditions,
covenants and restrictions. At a minimum, the homeowners'
association shall be authorized to maintain the private
roads, common space and parking areas as provided in proffer
number 4, to maintain the paths identified in proffer number
5, to enforce the covenants, conditions or restrictions
identified in proffer numbers 7 and 8, and to maintain and
restore the buffer as provided in proffer number 9.
Ail private roads and parking areas shall be constructed by
the owner. All private roads, common space and parking
areas shall be maintained by the owner until ownership and
the responsibility for maintenance is conveyed to a homeown-
ers' association.
October 15, 1997 (Regular Day Meeting)
(Page 16)
000075
A path, the location of which shall be substantially in
accord with that shown on the conceptual plan, shall be
installed. In addition: (a) from the north side of the
private road opposite the path's terminus at the private
road as shown on the conceptual plan, a path shall be in-
stalled through the common space to the property line abut-
ting the East Rivanna Fire Station property; (b) from the
southern terminus of the path at the private road as shown
on the conceptual plan, a path shall be installed parallel
to the private road to Glenmore Way. Paths shall be for the
benefit of Ashton Woods residents.
6. Ail utilities shall be underground.
The declaration of covenants, conditions and restrictions of
the homeowners' association shall require that all exterior
lighting fixtures, including but not limited to those fix-
tures on dwelling units, in the common space, and in parking
areas, be shielded in a manner to minimize glare and light
pollution.
The tree cover of trees greater than six (6) inches diameter
breast height ("dbh") existing on the property on October
15, 1997 shall be preserved to the maximum extent possible,
except where removal is necessary for the construction of
private roads, the 24 single family attached units in twelve
structures, and the installation and maintenance of utili-
ties. The owner shall not remove trees from the property
prior to the Albemarle County Department of Planning and
Community Development,s approval of a tree preservation plan
submitted by the owner which identifies the areas of the
property where trees will be removed and which satisfies the
requirements of this proffer. After the construction of a
dwelling unit and the installation of utilities on a lot,
trees greater than six (6) inches dbh may be removed from
the lot only as approved by the homeowners' association and
only where a tree is in the fall line of the dwelling unit.
The declaration of covenants, conditions and restrictions of
the homeowners' association shall require such approval of
the homeowners' association. Dead or diseased trees, and
trees less than six (6) inches dbh, may be removed from any
location on the property, at any time, without the submittal
of a tree preservation plan.
A fifteen foot buffer around the perimeter of the property
shall be undisturbed, except for the private road right-of-
way entering the property from Glenmore Way, the paths
identified in proffer number 4, and the installation and
maintenance of utilities. That portion of the buffer dis-
turbed as the result of the installation or maintenance of
utilities shall be restored, to the maximum extent possible,
to its prior condition. The removal of dead or diseased
vegetation shall not constitute disturbance of the buffer
area.
10.
The owner shall submit the declaration of covenants, condi-
tions and restrictions of the homeowners' association to the
Albemarle Department of Planning and Community Development
for review for compliance with these proffers. The declara-
tion shall be submitted and approved by the Department prior
to the declaration's recordation.
Signed by Daniel Bieker)
Signatures of Ail Owners
Printed Names of Ail Owners
150CT97
Date
Agenda Item No. 12. Other Matters not Listed on the Agenda from the
BOARD.
Mr. Tucker said several weeks ago, the Board approved the land lease
agreement for the City, County and University of Virginia, for the Emergency
Communications Center (ECC) building on Route 250 West. A lease has finally
been approved by the Governor's office and it is near construction time. Mr.
Tucker asked the Board to authorize him to enter into an agreement with the
October 15, 1997 (Regular Day Meeting)
(Page 17)
000076
City of Charlottesville to share in the funding of this on a 50:50 basis. He
has discussed this with the City and they have agreed to a 50:50 arrangement
for funding the building.
Motion was offered by Mr. Perkins, seconded by Martin, to authorize the
County Executive to enter into an agreement with the City of Charlottesville
to share in the funding of the ECC building construction on a 50:50 basis.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Mr. Martin said he has been approached by some County employees about
the Christmas holiday. This year employee holidays are on December 24th and
December 25th, which are Wednesday and Thursday. The employees he talked to
would like have Thursday and Friday as their holiday instead of Wednesday and
Thursday. He also recommended that the employees be off for one-half of the
day on Wednesday.
Board members had no objection to changing the Christmas holiday s-
chedule for employees to Thursday and Friday as the holidays for Christmas.
Should the employee wish to take off on Wednesday, he or should would use
their annual. The Board also asked the County Executive to poll the employees
to see if that was their desire.
Mr. Martin commented that some trash haulers will probably be coming
before the Board on November 5th. It seems that trash haulers and people with
large dump trucks are having a difficult time trying to find places to park
their trucks. He thinks there should be a way the County could allow, under
stringent conditions, parking of these type vehicles in the rural areas if
they are completely obstructed from view. Some consideration would have to be
given to noise and distance from other homes. He wanted to give staff some
time to get some thoughts together on the issue before the presentation is
made to the Board.
Mrs. Thomas expressed concern about the existing trees that are
required to be maintained on a site during construction. It appears that at
the construction site on Old Ivy Road and Route 250 many of the trees have
died. She asked what the County is doing to insure the tree are protected.
Mr. Tucker said he did not know the specifics of this case. He believes that
more definitive planning is needed. He also believes the developer would need
to stay away from the drip line which is the distance of the root system that
if damaged would kill the tree. He will look into this situation.
Mr. Tucker commented that the new designer planner will begin work in
November. This person has some experience in landscape architecture and will
be working with the Architectural Review Board.
Agenda Item No. 13. Executive Session: Legal Matters.
At 8:10 p.m., motion was offered by Mr. Bowerman, seconded by Mrs.
Thomas, that the Board go into went into Executive Session pursuant to Section
2.1-344(A) of the Code of Virginia under subsection (7) to consult with legal
counsel and staff concerning a legal matter regarding a consultant contract.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 14. Certify Executive Session.
At 8:30 p.m., the Board reconvened into open session. Motion was
offered by Mr. Bowerman, seconded by Mrs. 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
Approved bye. S n ·
Board Itl$1~i
Initials
October 15, 1997 (Regular Day Meeting)
(Page 18)
000077
session. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 15. Adjourn.
Motion was immediately offered by Mr. Bowerman, seconded by
Mr. Marshall, to adjourn to October 28, 1997, 5:30 p.m., for a joint meeting
with Charlottesville City Council at the Juvenile Court Building, to discuss
the juvenile detention facility. Roll was called and the motion carried by
the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.