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1996-09-11
September 11, 1996 (Regular Night Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 11, 1996, beginning 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 Director of Planning and Community Development, V. Wayne Cilimberg. Agenda Item No. 1. The meeting was called to order at 7:03 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. There were no other matters from the public. Agenda Item No. 5. Consent Agenda. Mrs. Humphris mentioned Item 5.4 and asked Mr. Tucker to discuss the financial terms of the agreement, and the County's financial responsibility for maintenance at the end of three years. Mr. Tucker said the contract requires the County and the Chamber of Commerce to jointly share in the maintenance. County staff is still working on the details of the agreement with the Chamber. The County did fund in the current year the cost of the trees for planting which was matched by the Chamber. It is his understanding that most of the plant material will be donated. Mr. Marshall mentioned Item 5.5a, and asked how citizens go about applying for disaster relief. Mr. Tucker said, in the near future, the Federal Emergency Management Agency (FEMA) will set up an office in either Albemarle County or Greene County, and they will help people in taking applications. The request before the Board is to ratify a declaration, he made on Friday, so citizens and the locality can apply for funds. The Virginia Cooperative Extension has provided some information of the crop losses Albemarle sustained; apples--S773,000; corn--S100,000; grapes--S50,000; hay--S15,000; and fencing--S40,000. The County has approximately $977,000 in crop losses that it would be eligible for funding or loans. There are other things being complied by other agencies that will be added to this list and submitted to the state for funding as well as those individuals who may be eligible for funding through applications. Mr. Marshall said he knows of a couple of families who lost the entire first floor of their homes. He asked that staff keep in touch with him to let him know when FEMA arrives. There being no further comments about the Consent Agenda, motion was made by Mrs. Thomas, seconded by Mr. Bowerman, to approve Items 5.1 through 5.5c, and to accept the remaining items for information. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, and Mrs. Humphris. None. Item 5.1. Appropriation: Various Education Requests, $96,416 #96026). It was noted in the staff's report that the School Board had approved the following appropriations: Appropriation of $86,566 for additional Title I funds. Final figures for federal Title I funds have recently been made available to locali- ties. Federal funding cuts in this program were anticipated during preparation of the FY 1996/97 budget. However, rather than being reduced, funding was maintained at the prior year's level. Appropriation of $5,850 for the Frederick S. Upton Foundation Grant. The Frederick S. Upton Foundation awarded Henley Middle School funds to produce a performing and visual arts program celebrating Native American culture. This program will introduce Henley Middle School students to September 11, 1996 (Regular Nigh% Mee%ing) O00118 (Page 2) an interdisciplinary p~tf6~i~ ~ Visual arts program that will enhance their understanding of Native American culture, focus on the creative process while developing aesthetic awareness, and apply Native American wisdom to contemporary life. · Appropriation of $4,000 for the Child Health Improvement Initiative Grant. Martha Jefferson Health Services (MJHS) awarded Agnor-Hurt Elementary School a grant to provide services to pre-school children and their parents. Parents, along with their children, will be involved in a variety of activities, ranging from learning and making reduced-sugar or sugar-free snacks with picture recipe cards to informational sessions with food specialists and a grocery store tour with a nutritionist. · Re-appropriation of $3,571.80 for an increase in Superintendent's salary. During the School Board's work session on June 24, 1996, the School Board approved an increase of $3,000, effective July 1, 1996, for the Superintendent's salary. Funds are being transferred from the School Board's reserve fund to cover this increase. · Re-appropriation of $8,943 for additional clerical assistance in the School Board's office. Funds are being transferred from the School Board's reserve fund to cover the cost of hiring a half-time Office Associate III to meet deadlines for minutes and assist with Board meeting preparation. Staff recommends approval of Appropriation #96026 in the amount of $96,416. By the recorded vote set out above, the following Resolution of Appro- priation was adopted: FISCAL YEAR: 1996/97 NUMBER: 96026 FUND: VARIOUS PURPOSE OF APPROPRIATION: APPROPRIATION FOR VARIOUS SCHOOL REQUEST. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1310161101112100 CHAPTER I SALARIES-TEACHER $70,000.00 1310161101210000 FICA 5,355.00 1310161101221000 VRS 7,987.00 1310161101231000 HEALTH INSURANCE 3,134.00 1310161101232000 DENTAL INSURANCE 90.00 1312360252112100 1312360252210000 1312360252221000 1312360252301210 1312360252601300 UPTON FOUNDATION SALARIES-TEACHER !,975.00 FICA 150.00 VRS 175.00 CONTRACT SERVICES 2,950.00 INST/REC SUPPLIES 600.00 1312462299312210 1312462299601300 CHILD HEALTH IMP. CONTRACT SERVICES INST/REC SUPPLIES 2,275.00 1,725.00 1241062120111200 1241062120210000 1241062120221000 SCHOOLS SALARIES-SUPT 3,000.00 FICA 229.50 VRS 342.30 1241062110115000 1241062110210000 1241062110231000 1241062110232000 1241062110580000 SCHOOLS SALARIES-OFFICE CLK FICA HEALTH INSURANCE DENTAL INSURANCE MISC. EXPENSE 7,125.00 545.00 750.00 23.00 500.00 1241060100999981 SCHOOLS BOARD RESERVE (12,514.80) TOTAL $96,416.00 REVENUE DESCRIPTION AMOUNT 2310133000330101 CHAPTER I $86,566.00 2312318000181221 UPTON FOUNDATION GRANT 5,850.00 2312418000189900 CHILD HEALTH GRANT 4,000.00 TOTAL $96,416.00 Item 5.2. Appropriation: Guardrail - Agnor Hurt Elementary School, $6000 - (Form #96028). It was noted in the staff's report that a concern regarding the proxim- ity of vehicular traffic on Woodburn Road along the Agnor Hurt play field has been raised by the Parent Teacher Organization. In order to address this safety concern, a section of guardrail can be installed that should prevent September 11, 1996 (Regular Night Meeting) (Page 3) vehicles from leaving the public right-of-way. In an effort to work coopera- tively with the County regarding this concern, Ms. Tucker has agreed to have the guardrail installed along the boundary of the right-of-way provided the County pays for the installation expense although the slope does not warrant guardrail based upon VDOT standards. Staff recommends approval of Appropria- tion #96028 in the amount of $6,000 for funds to be placed into an expenditure account to pay VDOT. By the recorded vote set out above, the following Resolution of Appro- priation was adopted: FISCAL YEAR: 1996/97 NUMBER: 96028 FUND: CIP/SCHOOLS PURPOSE OF APPROPRIATION: FUNDING FOR GUARDRAILS AT AGNOR HURT SCHOOL. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1900060215800952 AGNOR HURT GUARDRAILS $6,000.00. TOTAL $6, 000.00 REVENUE DESCRIPTION AMOUNT 2900051000510100 CIP FUND BALANCE $6,000.00 TOTAL $6, 000.00 Item 5.3. Appropriation: Health Department Clinic Wing, $7750 (Form #96029). It was noted in the staff's report that the County and the City approved $160,000 in FY 1995/96 to complete the Health Department's addition and driveway improvements, and last October the Board approved the addition of a second floor to this addition to be used by the Free Clinic for administrative offices and funded by donations and grants to the Free Clinic. Final con- struction bids for the addition came in $200,000 over the available funds, approximately half of which is for the second floor addition and half for expanded costs in the current construction bidding environment. The $200,000 shortfall will be funded in the following way: Donated funds from the Free Clinic Reserve funds in the Health Dept Rental Account (1) Health Department refunds returned to the City and County (2) (County's share $8,750) Total Funding needed $108,500 74,000 $17,500 $200,000 (1) The Health Department pays $55,000 in rent each year to the County and City, which is maintained in a rental reserve account by the County and used for repair and maintenance on the clinic facility. (2) The County received approximately $45,000 in FY 1995/96 Health Department refunds from unspent local funds. The Board is being requested to appropriate only the $8,750 in Health Department refund monies to be used for the higher than anticipated construction costs. Staff recommends approval of Appropriation ~96029 in the amount of $8,750 for the Health Department addition costs. By the recorded vote set out above, the following Resolution of Appro- priation was adopted: FISCAL YEAR: 1996/97 NUMBER: 96029 FUND: CIP/GENERAL PURPOSE OF APPROPRIATION: CONSTRUCTION. FUNDING FOR OVERRUNS IN HEALTH DEPARTMENT EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1901051020800901 HEALTH DEPARTMENT $8,750.00 TOTAL $8,750.00 REVENUE DESCRIPTION AMOUNT 2901051000512004 TRANSFER FROM GENERAL FUND $8,750.00 TOTAL $8,750.00 Item 5.4. Authorize Chairman to sign Three Party Agreement for trees for Route 29 North and Appropriation, $166,000 - (Form #96027). It was noted in the staff's report that the County, the North Char- lottesville Business Council (part of the Charlottesville Albemarle Chamber of Commerce) and VDOT have formed an alliance to provide funding for installation September 11, 1996 (Regular Night Meeting) 000120 (Page 4) and limited maintenance of tree~ f6~ %h~ ~ecently constructed expansion of Route 29 North. Because the character of the area was changing drastically the businesses and the County agreed that landscaping would improve the visual impact of the expanded paved area. Staff has worked with the three agencies to create an agreement sup- ported by all three, with the requirements and responsibilities clearly established. The CIP has allocated the monies promised in the document. The County and the North Charlottesville Business Council will contribute $18,000 each and VDOT will contribute $144,000. The County will be responsible for contract administration and maintenance beginning in the year 2000, because the landscaping will be limited to trees in the median. The landscape and maintenance contract for Phase I will be awarded in the Fall of 1996 with planting completed by April, 1997. The agreement represents an opportunity to use the public funds that have been allocated within the CIP to join with a private source and VDOT to replace some of the landscaping removed as a result of the road way construc- tion. Staff recommends authorizing the Chairman to sign the agreement. By the recorded vote set out above, the Board authorized the Chairman to sign the Three Party Agreement for trees on Route 29 North (set out below) and adopted the following Resolution of Appropriation: FISCAL YEAR: 1996/97 NUMBER: 96027 FUND: CIP/GENERAL PURPOSE OF APPROPRIATION: FUNDING FOR 29 NORTH LANDSCAPING PROJECT. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1901041020950024 29 NORTH LANDSCAPING $166,000.00 TOTAL $166, 000.00 REVENUE DESCRIPTION AMOUNT 2901018000189916 CHAMBER OF COMMERCE $18,000.00 2901024000240231 VA. DEPT. OF TRANSPORTATION 144,000.00 2901051000510100 CIP FUND BALANCE 4,000.00 TOTAL $166,000.00 AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION "Trees for 29" By the County of Albemarle THIS AGREEMENT, made and executed in triplicate as of this day of __, 1996, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department", the COUNTY OF ALBEMARLE, a political subdivision of the Common- wealth of Virginia, hereinafter called the "County", and the CHARLOTTESVILLE - ALBEMARLE CHAMBER OF COMMERCE and the NORTH CHARLOTTESVILLE BUSINESS COUNCIL, a Council of the Charlottes- ville-Albemarle Chamber of Commerce, hereinafter collectively called the "Chamber". WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1996-97 through Fiscal Year 2001-2002 for streets and highways, which includes an allocation of funds for landscaping; also known as "Trees for 29" Phases I, II, & III; identified in the Six year Improvement Program as Projects 6029-002-119, PE-104 (VDOT PRELIMINARY ENGINEERING CHARGE), 6029-002-119, PE-105 (COUNTY PRELIMINARY ENGINEERING CHARGE), 6029-002-119 ,L-801 (PHASE I), 6029-002-119 ,L-802 (PHASE II), and 6029-002-119 ,L-803 (PHASE III), and Federal Projects STP-029-7 (002), STP-029-7 (003), and STP-029-7(004) and referred hereafter as the "Project"; and WHEREAS, the estimated cost is $180,000.00 for Phases I, II, and III combined, which include furnishing, installing and main- taining for the first three (3) years, trees to be planted in the median of U.S. Highway 29 between Hydraulic Road and the South Fork of the Rivanna River. WHEREAS, the Department has allocated $144,000.00 in STP funds which will be matched with $18,000.00 by the County and $18,000.00 by the Chamber. Septeraber 11, 1996 (Regular Night Meeting) (Page 5) WHEREAS, the Department, the ~ounty, and the Chamber desire to construct the Project as expeditiously as possible, and the County agrees to have the project implemented within 48 months from the date funds are made available for each phase of the project, subject to the progress of the overall road construction projects in the affected area. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Department, the County, and the Chamber agree to par- ticipate in the actual costs of this project understanding that the Department's, County's, and the Chamber's partici- pation in the actual costs incurred in the installation, and the initial three year maintenance, will be eighty percent (80%), ten percent (10%), and ten percent (10%) respective- ly, and subject to the funding caps in sections 2 (I), 4e, and 8 of this Agreement. The Schematic landscape plan, dated 6/12/96, outlining phases I, II, and III of this project is attached hereto as Attachment A and is made a part hereof. 2. The County shall consult with, and act as agent of, the Department and the Chamber in the design, bidding and man- agement of the construction phases of the Project, specifi- cally including the following: a. Prepare, using County staff, plans, specifications and all other documents necessary to put out for competi- tive bids, and award, contracts for installation and initial maintenance under the terms of the three year establishment period; as well as use its staff to supervise and inspect the performance of the success- ful contractor(s), in accordance with Department and Federal Highway Administration procedures and poli- cies, including settlement of any claims and disputes arising from the Project. Submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. Plans for the Project may be prepared in accordance with the County standards and format, provided the standards are approved by the Department. Procure a contractor for each of the three phases of the Project, in conformance with applicable provisions of the Virginia Public Procurement Act and the Depart- ment's Road and Bridge Specifications. Submit the construction bids to the Department for review and approval prior to the award of the construction con- tract in the name of the County. The County will advise the Department of the approximate difference between the Contractor's total bid and the Engineers estimate, as well as a recommendation as to award of contract. The Department will notify the County, in writing, of the Department's approval or disapproval within twenty (20) days after notification by the county of the above mentioned construction bids. The approval will become part of the contract. In accor- dance with Section 11-52 of the Code of Virginia, no public disclosure is to be made of the engineer's estimate. Submit any contract change orders to Department's Resident Engineer for approval. Maintain accurate records of the Project and docu- mentation of all expenditures on which reimbursement will be based. Make Project documentation available for inspection and/or audit by the Department or the Federal government at any time. Submit to the Department's Resident Engineer, no more frequently than monthly, a statement requesting reim- bursement for the Project's cost. The final billing shall be made on the basis of final actual costs, reconciling any difference previously billed amounts. September 11, 1996 (Regular Night Meeting) (Page 6) 000 22 h. Require the contractor to indemnify and save harmless the Department in addition to other entities in accor- dance with section 107.13, of the January, 1994 Road and Bridge Specifications, Virginia Department of Transportation. I. Provide funding for the project in an amount not to exceed $18,000.00, subject to sections 4e, 8, and 15 of this Agreement. The County and the Chamber jointly agree to reimburse the Department in equal portions all expenses that may be in- curred in excess of the total amount allocated in the Six Year Improvement Program. The ~epartment will coordinate with, cooperate with, and assist the County and Chamber in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner the requests from the County, in- cluding all requests outlined under section 7 of this agreement. b. Prepare the appropriate environmental document as required by applicable state and federal laws and regulations, and carry out all functions necessary to clear the project environmentally. Reimburse the County for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the County. The reimbursement amount will be based on the Project Work-sheet (Summary of Estimated Costs) attached hereto and made a part hereof). Audit all Project costs and records as required by the Federal Highway Administration. eo Provide funding for the Project pursuant to the Department's Six Year Improvement Program. The maxi- mum amount of funds available for this Project is $144,000.00. Provide temporary construction signage and safety equipment as deemed necessary by the Department within 48 hours of notice by the County for use during plant- ing and maintenance operations for each of the project phases. At the terminus of the three year establishment period, the County and the Chamber agree to continue maintenance or to have maintained at the County's and Chamber's expense, all plantings proposed within the limits and scope of the pro- ject in a viable and healthy condition. This will include, but be not limited to, pruning lower limbs as trees mature to inhibit their growth into the traveled way; Removing dead, damaged, dying, or diseased limbs which may invite disease, cause further injury to the plant, or present a traffic hazard; Control plant diseases, infestation of harmful insects, and weeds; Maintain mulch in plant beds and saucer rings, for weed control, moisture retention, ease of maintenance, and for aesthetics; Maintain edge of beds for control of turf infestation, for ease of maintenance, and for aesthetics. The County and the Chamber agree that if the Department deems that the maintenance described in section 5 of this agreement is not being carried out in a satisfactory manner, it shall provide to the County and to the chamber written notice that it has made such a determination, explain what corrective action must be taken, and allow the County and the Chamber 30 calendar days from the receipt of notice to take such corrective action. If the County and the Chamber fail to satisfactorily complete the corrective action, the Department may remove such plantings from within the States right-of ways. If the unsatisfactory maintenance of the plantings by the County and the Chamber creates a traffic hazard, the Department may request that the County and the Chamber take immediate corrective action, including, if necessary, the removal of the plantings creating the traffic or safety hazard. If the County and the Chamber fail to September 11, 1996 (Regular Night Meeting) (Page 7) 000123 take corrective action within the time requested by the department, or if it is determined by the Department that the condition of the plantings pose an immediate traffic or safety hazard, the Department may take appropriate action including, if necessary, the removal of the plantings creat- ing the traffic or safety hazard. The County, the Chamber, and the Department agree on the following claims process: a. The County will furnish the Department a copy of all Notices of Intent to file a claim and a copy of any claim that is submitted after the completion and acceptance of the contract. b. The Department shall have access to all of the County's papers pertaining to the claim upon request and during normal business hours, and such access shall not be deemed to waive the work product or attorney-client privilege, this being a joint effort of four signatories. Co The Department shall, within thirty (30) days of re- ceipt of the claim transmit its position on the claim to the County via the Department's Culpeper District Office. This is not meant to foreclose face to face meetings or discussions concerning the claim. do The Department's Chief Engineer will determine whether the claim is valid and determine which part or parts have merit. He shall communicate his proposed posi- tion to the County in sufficient time to allow at least twenty (20) days review by the County before the county must communicate its decision to the contrac- tor. The County may accept, reject, or call for a meeting. In any event, notification of acceptance, rejection, or request for a meeting should be made within ten (10) days of the County's receipt of the Chief Engineer's determination. If the determination of the Chief Engineer is accepted by the County, it shall notify the contractor accord- ingly. If the contractor declines to accept the determination, then he may seek appearance before the Commissioner. In the event the County ultimately rejects the determination of the Chief Engineer, which rejection shall be in writing, the County shall notify the contractor that the claim is denied. The contractor may elect to seek an appearance before the Depart- ment's Commissioner. go In the event the contractor seeks an appearance before the commissioner, the County shall participate in such appearance. The Commissioner shall communicate his proposed position to the County within thirty (30) days of the appearance. The County must notify the Commissioner, in writing, within ten (10) days of receipt of its acceptance of the determination, or request a meeting between the County Executive and the Commissioner. If a meeting is requested, that meeting should be held within the above ten (10) day period. The request for a meeting shall specify the points of disagreement and reasons therefore. Subsequent to this meeting, the County shall notify the contractor of its decision. If accepted by the Commissioner, payment to the contractor, if any, will be processed as a change order. If the contractor brings suit on the construction contract claim, the County and the State agree to mutually defend the suit. j o The County reserves the right to settle or terminate said suit, subject to Section 2.1-127 of the Code of Virginia. The Chamber shall provide funding for the project in a amount not to exceed $18,000.00, subject to section 2i, 3 and 4e of this Agreement. The County shall :establish an escrow account authorizing the County to withdraw funds from September 11, 1996 (Regular Night M~ting) (Page 8) 000124 the account. Within seven (7) days of receipt of written notice from the County of the County's intent to award a contract for work to be performed for a project phase, the Chamber shall deposit in the escrow account the amount specified by the County in the Notice. The amount specified shall be the Chamber's share for that phase of the project, and shall approximate the amounts shown on the Summary of Estimated Costs. Any interest accrued in the escrow account will be returned to the Chamber. The County agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950) as amended. 10. The County agrees to comply with all federal, state and local regulations and statutes when work is performed on the Project with municipal forces or its agents at project expense. 11. The County agrees that prison labor will not be used for any purpose whatsoever on this Project. 12. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall be it construed as giving any rights or benefits to anyone other than the parties hereto. 13. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 14. This Agreement may be modified with the mutual consent of the Department, the County, and the Chamber. 15. In the event that funds are not appropriated by the Albe- marle County Board of Supervisors or otherwise made avail- able to support continuation of performance of the project in a subsequent fiscal year, then this agreement shall be canceled and the County, the Chamber, and the Department shall have no further obligation to perform any provision of this Agreement. Item 5.5. Stipends for Sheriff's Deputies. It was noted in the staff's report that during the FY 1997 budget deliberations, the Board asked staff to bring back a recommendation on supplementing the Sheriff's Department salaries. Staff has reviewed a number of different options for providing this stipend in order to make salaries in the Sheriff's Department more competitive with area market conditions. At the time of budget deliberations, the Board set aside $20,000 towards a supplement for Sheriff's deputies' salaries for this effort. The Sheriff's Department salaries are currently set by the State Compensation Board annually and are paid 100 percent by the Commonwealth of Virginia. Surveys of other jurisdictions indicate that a number of localities provide a stipend above the State scale due to area market conditions. Albemarle County began supplementing Sheriff Department salaries by two percent in the FY 1995-96 and the Board requested that staff explore an additional stipend to compete with area market conditions. Currently, Sheriff's deputies are expected to receive a 4.35 percent increase from the State on December 1st. Staff has calculated that there is sufficient money budgeted to provide a total stipend of six percent, including the two percent given and budgeted in the current year. Staff recommends that the Board provide a flat six percent stipend including the two percent previously provided across-the-board to all Sher- iffrs deputies retroactive to July 1, 1996 and that an agreement be developed between the Sheriff and the Board that provides that all Sheriff's Department employees would adhere to all County personnel policies and procedures excluding the County's grievance procedure. It is understood that this stipend will apply only to those positions authorized by the Compensation Board or otherwise approved by the Board of Supervisors and excludes the office of the Sheriff. By the recorded vote set out above, the Board approved the request to provide a flat six percent stipend including the two percent previously provided across-the-board to all Sheriff's deputies retroactive to July 1, 1996, and that an agreement be developed between the Sheriff and the Board that provides that all Sheriff's Department employees would adhere to all County personnel policies and procedures excluding the County's grievance procedure. It is understood that this stipend will apply only to those September 11, 1996 (Regular Night Meeting) 000125 (Page 9) positions authorized by the Compensation Board or otherwise approved by the Board of Supervisors and excludes the office of the Sheriff. Item 5.5a. Ratification of Albemarle County Being Declared a Disaster Area. In a memorandum to the Board Mr. Tucker indicated that due to the effects of Hurricane/Tropical Storm Fran last week, he declared Albemarle County a disaster area at 6:00 a.m., on Friday, September 6, 1996. In order to receive disaster relief funds, the Board must ratify that declaration within fourteen days. At this time, he does not have any firm cost estimates for providing disaster relief and emergency services to citizens or for damage assessments. Staff is working on estimates which should be available within the next few days. By the recorded vote set out above, the Board adopted the following proclamation: WHEREAS, the Board of Supervisors of Albemarle County, Virginia does hereby find that: Due to the heavy rain, wind and flooding from tropical storm Fran, Albemarle County faced a condition of extreme peril of life and property which necessitates the proclamation of the existence of a local emer- gency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND CONFIRMED that an emergency existed throughout Albemarle County effective Septem- ber 6, 1996 through September 11, 1996; IT IS FURTHER PROCLAIMED AND ORDERED that during the exis- tence of said emergency, the powers, functions, and duties of the Director of Emergency Services of Albemarle County shall be those prescribed by state law and the ordinances, resolutions, and approved plans of Albemarle County in order to mitigate the effects of said emergency and that the County shall be eligible for appropriate aid and assistance. Item 5.5b. Set public hearing for October 2, 1996, on the proposed exchange of property between Tandem Friends School, Inc., and the County of Albemarle in connection with the construction of the connector road serving Monticello High School. It was noted in the staff's report that the design plans for the connector road transverse the parcel purchased by the County for Monticello High School. In order to meet the horizontal and vertical design criteria for a public road with the existing development and topography, it was not possible to align the road exactly along the property boundary between the County and Tandem. As a result, a small portion of the Tandem Friends School parcel (.08 acres) at the northwest corner is needed for road right-of-way. In addition, a strip portion of the County parcel (1.3 acres) is segregated from the high school site on the Tandem side of the road. This parcel is not usable and would be a long term maintenance responsibility that would not be assumed by VDOT at the time the road is taken into the state system. There- fore, a land exchange is reflected on the road right-of-way plat whereby Tandem would accept the strip portion and the corner of the Tandem parcel would be dedicated to road right-of-way. The Tandem Friends School Board is scheduled to consider the proposal later this month. State law (Virginia Code § 15.1-262) requires a public hearing before the proposed land exchange can occur. Staff recommends the Board set this matter for public hearing on October 2, 1996. By the recorded vote set out above, the Board set the public hearing for October 2, 1996. Item 5.5c. Set public hearing for October 9, 1996, on proposed ordi- nance to reflect changes in the local businesses, professions and occupations license (BPOL) ordinance. It was noted in the staff's report that the General Assembly amended Title 58.1 of the Code of Virginia to mandate certain changes to local businesses, professions and occupations license ("BPOL") ordinances, and to require the inclusion of certain uniform provisions in the BPOL ordinances. The County's BPOL ordinance must be amended to comply with the legislative changes, and the amendments must be effective January 1, 1997. The proposed ordinance would amend Chapter 11, Licenses, of the Albemarle County Code by adding the uniform ordinance provisions mandated by ~ 58.1-3703.1 of the Code of Virginia, and by amending existing provisions of Chapter 11 to assure the September 11, 1996 (Regular Night Meeting) 000126 (Page 10) consistency with not only ~ 58.1-3703.1, but also other provisions of the State BPOL tax law. Staff recommends the Board authorize the draft proposed ordinance be advertised for public hearing and consideration for adoption, and that the Board fix October 9, 1996, as the date for such hearing and consideration. By the recorded vote set out above, the Board set the public hearing for October 9, 1996. Item 5.6. Copies of Planning Commission minutes for August 6, 13 and 20, 1996, were received for information. Item 5.7. Monthly Bond Program Reports for Arbor Crest Apartments (Hydraulic Road Apts.) For the months of June and July, 1996, were received for information. Item 5.8. Notice of application filed with the State Corporation Commission by Virginia Electric and Power Company to revise its cogeneration tariff pursuant to PURPA Section 210, was received for information. Item 5.9. Notice of application filed with the State Corporation Commission by Interprise-Hyperion of Virginia Data Communications for a Certificate of Public Convenience and Necessity to provide Intrastate Data Telecommunications Services, was received for information. Item 5.10. Statement showing the Equalized Assessed Value, as of the beginning of the First Day of January, 1996, of the Property of Water Corpora- tions in the Commonwealth of Virginia and the State Taxes Extended for the Year 1996, made by the State Corporation Commission of Virginia, was received for information. Item 5.11. Statement showing the Equalized Assessed Value, as of the beginning of the First Day of January, 1996, of the Property of Gas and Pipeline Distribution Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1996, made by the State Corporation Commis- sion of Virginia, was received for information. Item 5.12. Statement showing the Equalized Assessed Value, as of the beginning of the First Day of January, 1996, of the Property of Electric Light and Power Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1996, made by the State Corporation Commission of Virginia, was received for information. Item 5.13. Statement showing the Equalized Assessed Value, as of the beginning of the First Day of January, 1996, of the Property of Telecommunica- tions 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 1996, made by the State Corporation Commission of Virginia, was received for information. Item 5.14. Statement of Assessed Values for Local Tax Purposes for Railroads and Interstate Pipeline Transmission Companies in the Commonwealth of Virginia, for Tax Year 1996, made by the Department of Taxation, was received for information. Item 5.15. Albemarle County, Virginia, Subdivision Ordinance, prepared by the Albemarle County Department of Planning and Community Development, - adopted August 28, 1974, revised September 5, 1996, was received for informa- tion. Item 5.16. Letter dated September 3, 1996, from Mr. J. H. Shifflett, Jr., Maintenance Operations Manager, Department of Transportation, to Ms. Ella W. Carey, Clerk, stating that Route 641, in the business area in northern Albemarle County will be closed to through traffic beginning September 11, 1996, for approximately six weeks, due to repairs to the railroad bridge, was received for information. 5.17. Letter dated September 4, 1996, from Mr. Kenneth M. Smith, Transportation Engineering Program Supervisor, Department of Transportation, 000127 September 11, 1996 (Regular Night Meeting) (Page 11) to Ms. Ella W. Carey, Clerk, acknowledging notice of the Board of Supervisors' intent to abandon Route 1104 (Tebbs Lane), was received for information. Non-Agenda. Mrs. Humphris asked staff to draft a resolution for Board approval to Virginia Power, the Highway Department and other emergency personnel who worked during Hurricane Fran in appreciation of their planning and executing services. Agenda Item No. 6. Public Hearing on proposed issuance by the Harrison- burg Redevelopment and Housing Authority, pursuant to the Virginia Housing Authorities Law, of its Multi-Family Housing Revenue Bonds 1997 Series A in the principal amount of approximately $8,500,000. The purpose of the Bonds is to finance the acquisition, construction and equipping of a 160-unit apartment development to be located in Albemarle County, Virginia, on Rio Hill Drive (continued from September 4, 1996). (Advertised in the Daily Progress on August 19 and August 26, 1996.) Mr. Davis said the purpose of this public hearing is to meet a statutory requirement of the Code of Virginia which requires that before an outside redevelopment and housing authority can come into the County and loan money or take any action, the County has to make a finding that there is a shortage of affordable housing, and that this housing authority is an appropriate vehicle to address that housing shortage. The conditions are set out in the draft resolution provided to the Board. It is his understanding the Harrisonburg Redevelopment and Housing Authority has scheduled a public hearing for September 18, 1996. At that time the Authority will recommend a financing package they will make available to this developer which will then come back to this Board for approval. Approval of the financing does not require a public hearing by this Board. Mr. Bowerman asked the applicant some general questions about Fore Property Company; i.e., how long they have been doing this type of project, how many projects they have, have they sold any of the projects, and their experience after the project is built and operating. Mr. Hunter C. Bourne, III, Vice President for Finance, Fore Property Company, said they have been building multi-family housing projects, both affordable and luxury since 1978. Fore Property is a national organization. They have built projects on both the west and east coasts. To date, with one exception, every project they have built is currently owned or managed by the company or a general partner of the partnership. The only exception is a completely unsubsidized project done with private funds which the company sold after six years. Every project they have built, which is about 80 percent of their portfolio (9200 units), has had some public involvement, whether it is a loan from HUD, partial Section 8 Subsidy, below market interest rate under a HUD program or bond financed. They have been perfecting their management efforts for 17 year period. Fore Property has detailed policies and proce- dures for its employee conduct, leasing and qualifying tenants. In particu- lar, they have a standard that is applied to all of their properties, whether it is luxury or 100 percent assisted. Each tenant is subjected to a back- ground check that involves three years credit history and two years of private residential history. Those background checks are done by their central office in West Lake California in order to keep it separate from management opera- tions on the site, The site personnel are simply there to assure quality control in terms of the residents accepted into the project. The company does a good job of that and markets it to third parties, for properties they do not own directly, as a service to help improve tenant base. Mr. Bowerman asked if it is Fore Properties' intent to operate this project indefinitely. Mr. Bourne replied, "yes". At this time, the Chairman reopened the public hearing. Mr. Charles Trachta, a resident of Woodbrook Subdivision, said last week the residents were present at the Board meeting and presented a letter neither supporting nor opposing this proposal. The residents still have the same position. They investigated Fore Company and he is happy to say that Mr. Bourne opened his files to the residents. The different housing complexes they called to verify information were helpful. They found that if this project could be operated as the one in Maryland, there should be no problems. The company does a good job operating its projects. They also did police investigations and did not find anything negative. Mr. Trachta then asked if the County could restrict the number of persons who live in apartments, i.e., two persons per bedroom.- He asked if the County could require a drug addendum that the residents would have to sign and require yearly inspections of the apartments. He also asked what the County plans to do about overcrowding in the schools in this district. He asked if the County will try to bring better resources, not just trailers, to take the impact of the students or will it accelerate the building of the new northern school. The residents are also concerned because Forest Lakes South is scheduled to come on line at about the same time as this project. The residents are concerned about the cumulative September 11, 1996 (Regular Night Meeting) (Page 12) 000 28 affect of these projects and the road conditions. He asked what the County will try to do to relieve the traffic problems in the area given the addi- tional cars projected. He asked if the County is planning now or intends to wait until after the project is built to do something about the traffic situation. There being no other comments, the public hearing was closed. Mr. Davis said there are no County ordinances that address the number of people who can stay in a bedroom or place limitations on a private owner as to whether or not he must inspect his property. He is also not aware of any state regulations to that affect in Virginia. His assumption is that if that is Fore Company's policy and they are included in the leases, they can be enforced. Mr. Martin commented that there is nothing to stop the company from doing those things, if it is their policy. Mr. Marshall asked if the County did not have an ordinance which states that no more than four unrelated people may live in a dwelling. Mr. Davis said the County's definition of family is a little more complicated than that, but that is basically correct. There is a definition of family in the Zoning Ordinance that no more than one family can live in a single-family dwelling unit which would also apply to an apartment unit. Mr. Marshall said the concerns Mr. Trachta raised are valid, but he asked if they should be addressed at this time or at the a public hearing on the Capital Improvements Program. Mr. Tucker said it appears from the analysis staff prepared on the projected number of students in this development that there would be adequate classroom space at Woodbrook and Agnor-Hurt schools. In addition, the northern elementary school is planned in the CIP in the next five years. With regard to transportation, Rio Road was widened to five lanes several years ago. Planning for that widening took into consideration all of the zoning in this area, both commercial and residential. He added that this zoning has been in existence for more than 20 years. Mr. Marshall said the issue before the Board is whether to approve this request based on a need in the community. He believes there is a need and this is one of the means to satisfy part of that need. Motion was then offered by Mr. Bowerman, seconded by Mr. Marshall, to adopt the following Resolution Relating to the Issuance by the Harrisonburg Redevelopment and Housing Authority of not to Exceed $8,500,000 of Revenue Bonds (Mallside Forest Apartment Project) 1997 Series A to Finance the Construction of a Multifamily Housing Project Located in Albemarle County, Virginia. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. RESOLUTION RELATING TO THE ISSUANCE BY THE HARRISONBURG REDEVELOPMENT AND HOUSING AUTHORITY OF NOT TO EXCEED $8,500,000 OF REVENUE BONDS (MALLSIDE FOREST APARTMENT PROJECT) 1997 SERIES A TO FINANCE THE CONSTRUC- TION OF A MULTIFAMILY HOUSING PROJECT LOCATED IN ALBEMARLE COUNTY, VIRGINIA WHEREAS, a partnership formed or to be formed by Fore Property Company, a Nevada corporation (the "Developer") located at Wood Hill Drive, Suite 8, Nags Head, NC 27959, has indicated its willingness to construct and provide rental apartments (the "Project") to be located in Charlottesville in the County of Albemarle (the "County") of which a certain percentage will be rented to persons of low to moderate income (either 20% or more will be rented to persons whose income is 50% or less of the area median gross income, or 40% of the residential units will be rented to persons whose income is 60% or less of the area median gross income); and WHEREAS, pursuant to the Virginia Housing Authorities Law, Chapter 1, Title 36, Code of Virginia of 1950, as amended (the ~'Act"), redevelopment and housing authorities may issue tax exempt obligations to provide the financing for low and moderate income housing projects such as the Project; and WHEREAS, although there is no redevelopment and housing authority created in the County, a redevelopment and housing authority created in another jurisdiction is authorized under section 36-23 of the Act to provide the financing for the Project provided that the Board of Supervisors of the County (the "Board") first adopt, after a public hearing, a resolution finding that (a) 000 29 September 11, 1996 (Regular Night Meeting) Page 13) there is a need for such an authority to exercise its powers in the County, (b) there is a shortage of safe and sanitary dwelling accommodations in the County available to persons of low income at rentals they can afford, and © these conditions can best be remedied through the exercise of such authority's power within the County; and WHEREAS, the Board has caused a notice of public hearing to be published in a newspaper of general circulation in the County, and has, on September 4, 1996, held a public hearing, all in accordance with the provisions of ~ 147(f) (2) of the Internal Revenue Code of 1986, as amended, and § 15.1-1378.1 and § 36-23, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth of Virginia; and WHEREAS, a public hearing was held on September 4, 1996, to determine whether or not such conditions exist in the County, and the Board has found that the Project will alleviate a shortage of safe or sanitary housing for citizens in the County for persons of low income; and WHEREAS, the Harrisonburg Redevelopment and Housing Author- ity (the "Issuer") has indicated that it may be willing to issue obligations in amounts sufficient to finance the Project; and WHEREAS, the Developer has provided to the Board a Fiscal Impact Statement pursuant to § 15.1-1378.2 of the Industrial Development and Revenue Bond Act. NOW, THEREFORE, BE IT RESOLVED by the Albemarle Board of County Supervisors; 1. The Board finds that there is a need for the Issuer to exercise its financing powers in the County; that there is a shortage of safe or sanitary dwelling accommodations in the County available to citizens of low income at rentals they can afford; that these conditions can best be remedied through the exercise of the Issuer's financing powers within the County; and that the Project will help alleviate a shortage of safe and sanitary housing for citizens in the County for persons of low income. 2. The Issuer is hereby invited to exercise its powers within the County to assist in financing the above-referenced project proposed by the Developer. 3. This Resolution shall not be deemed to be an endorsement of said bonds or the creditworthiness of the Issuer, of the Developer, or of any other person or entity. The bonds shall provide that the County shall not be obligated to pay said bonds, or interest thereon, or any costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the County, or the Issuer, shall be pledged thereto. Agenda Item No. 7. SP-96-27. Mt. Zion Baptist Church (Sign #6). Public Hearing on a request to expand church located on E sd of Rt 743 approx 1500 ft S of Greene Co line. TM20,P43. White Hall Dist. (Advertised in the Daily Progress on August 26 and September 2, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and a permanent part of the record. The staff reviewed the special use permit for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recoramends approval. Staff also reviewed the site plan waiver request for compliance with the provisions of Section 32.2.2 and recommends approval of the site plan waiver request. Mr. Cilimberg said the Planning Commission, at its meeting on August 6, 1996, unanimously recommended approval of SP-96-27 subject to the two condi- tions recommended by the staff, and approved waiver of the requirement of a site plan. The Chairman opened the public hearing. No one was present to speak to the application. The public hearing was then closed. Mr. Davis said although it has been the policy of the Board to defer action until the applicant is present, there is no legal requirement. Motion was made by Mr. Perkins, seconded by Mr. Bowerman, to approve SP-96-27 subject to the two conditions recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: September 11, 1996 (Regular Night Meeting) (Page 14) ~ O00±30 AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Development shall be in general accord with the plan titled Mount Zion Baptist Church, Advance Mills, Va., and initialed WDF 7/24/96 except as amended to address requested revisions of the site review committee; Approval of this permit shall not constitute approval of a day care/nursery school. Agenda Item No. 8. SP-96-28. Hydraulic Road Animal Hospital (Sign #12). Public Hearing on a request to expand existing animal hospital on 0.9 ac zoned HC located on W sd of Hydraulic Rd approx 250 ft N of Inglewood Dr. TM61K, P1,Blk 9. Jack Jouett Dist. (Advertised in the Daily Progress on August 26 and September 2, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and a permanent part of the record. The staff reviewed the special use permit for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval. Mr. Cilimberg said the Planning Commission, at its meeting on August 20, 1996, unanimously recommended approval of SP-96-28 subject to the two condi- tions recommended by the staff. The Commission also granted a modification of the setbacks contained in Section 5.1.11. The Chairman opened the public hearing. The applicant said he would be happy to answer any questions. There were no questions from Board members. The public hearing was then closed. Motion was made by Mr. Bowerman, seconded by Mr. Marshall, to approve SP-96-28 subject to the two conditions recommended by the Planning Commission. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. No outdoor runs shall be permitted. Ail existing outdoor runs shall be enclosed prior to the issuance of a certificate of occupancy for any expansion of the existing building; Development of the site shall be in general accord with a site plan titled "Hydraulic Road Animal Hospital" initialed WDF 8/8/96. Agenda Item No. 9. SP-96-29. Lowe's Companies, Inc. (Signs #13 & 14). Public Hearing on a request to establish outdoor storage & display in conjunc- tion with proposed building on 22.13 ac zoned HC & EC located in NW corner of inters of Rt 29 & Woodbrook Dr (location of existing Lowe's building). Site in Neighborhood 1 is recommended for Regional Service by Comprehensive Plan. TM45,P's93A, 109,109D. Rio Dist. (Advertised in the Daily Progress on August 26 and September 2, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and a permanent part of the record. The staff reviewed the special use permit for compliance with the provisions of Sections 31.2.4.1 and 30.6.3.2 of the Zoning Ordinance and recommends approval with conditions. The ARB has also reviewed this proposal and is able to support it subject to conditions. Mr. Cilimberg said the Planning Commission, at its meeting on August 13, 1996, unanimously recommended approval of SP-96-29 subject to the three conditions recommended by the staff. Mr. Bowerman asked about the changes in elevation immediately adjacent to Route 29 North. Mr. Cilimberg said the elevations that currently exist towards Woodbrook are going to remain the same. Since the applicant is expanding northward, it will require fill activity close to the entrance road that goes up to Keglers Bowling Alley. The applicant is showing a series of retaining walls as a part of that activity. Mr. Bowerman asked if the area of outdoor storage will be visible from Route 29. Mr. Cilimberg responded that it will be slightly visible, but not as visible as Wal-Mart. This sits higher on the site so visibility of actual storage and display will be limited. The Chairman opened the public hearing. The local store manager for Lowe's said he would be happy to answer any questions. There were no ques- tions from Board members. The public hearing was then closed. Motion was made by Mr. Bowerman, seconded by Mr. Marshall, to approve September 11, 1996 (Regular Night Meeting) (Page 15) 00013t SP-96-29 subject to the three conditions recommended by the Planning Commis- sion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Area of outdoor storage shall be limited to that shown on a plan titled Lowe's of Charlottesville and initialed WDF 7/25/96; The area of outdoor storage adjacent to the proposed building facing Route 29 shall be limited to non-mechanical landscaping devices, plants, shrubs, flowers and landscaping products. The landscaping products displayed shall be placed in an area using the displayed trees and shrubs as a screen from view of Route 29; The area of outdoor storage adjacent to the proposed building facing Woodbrook Drive shall be limited to play sets, lawn mainte- nance equipment, lawn furniture, plants, shrubs, trees, flowers and landscaping products. The area shown as paint stripes on the pavement (see plan attached to the ARB action letter-copy on file) in front of the proposed building shall become curbed islands planted with trees and shrubs reflecting the proposed vegetation on the rest of the site as approved by the design planner. Agenda Item No. 10. SP-95-30. Crozet Church of God (Sign #27). Public Hearing on a request to establish a day care center on approx 5 ac zoned RA & EC located in SE corner of inters of Rts 250/I-64. Site is new location of Crozet Church of God. TM55,P96A. Samuel Miller Dist. (Advertised in the Daily Progress on August 26 and September 2, 1996.) Mr. Cilimberg said on October 24, 1995, the Planning Commission unani- mously recommended approval of SP-95-30, an amendment of an earlier special use permit to allow a child day care facility within the approved 250-seat church. In addition to other conditions, the Commission recommended that: "Day care enrollment to be determined by adequacy of septic system, not to exceed 20 children." At a public hearing on November 8, 1995 the church requested that the Board approve the day care for a greater number of children than recommended by the Commission. The Board referred the petition back to the Commission to respond to the request for a greater number of children. The Board was particularly concerned about the suitability of a larger center in the rural areas, its traffic impact, noise and septic system potential. While the Board stated that it did not need to know the number of children the septic system could be made to fit, it did want to know from the Commission an acceptable maximum enrollment. Staff recommended to the applicant that the septic capacity be explored. On July 9, 1996, the Health Department issued an expansion design which would accommodate a seating capacity of 180 persons for the church and a maximum enrollment of 35 children for the day care. These figures represent the applicant's current request. Mr. Cilimberg then summarized the remainder of the staff's report which is on file in the Clerk's office and a permanent part of the record. Based on the information from the Health Department, staff has recommended approval subject to the following revised conditions: 1. Ad~inistzative approval of site plan; ~ Seating capacity to be determined by adequacy of septic system, not to exceed a maximum seating 250 of 180 persons; ~ Approval is for worship and related church use and day care only. Other uses will require amendment to this permit; ~ Day care enrollment to be determined by adequacy of septic system, not to exceed ~ 35 children; 4. {rt. Compliance with Section 5.1.6 of the Zoning Ordinance: 5.1.6. DAY CARE, NURSERY FACILITY No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/ operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within (3) three days of such event. Failure to do so shall be deemed wilful noncompliance with the provisions of this ordinance; September 11, 1996 (Regular Night Meeting) (Page 16) 000132 Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the Fire Official for such inspection shall be deemed wilful noncompliance with the provisions of this ordinance; These provisions are supplementary and nothing stated herein shall be deemed to preclude the application of the require- ments of the Virginia Department of Welfare, Virginia De- partment of Health, Virginia State Fire Marshal, or any other local, state or federal agency; Frr. Annual results of coliform testing to be submitted to and approved by the Virginia Department of Health; ~ Clearing of veqetation to restore entrance sight distance to the satisfaction of the Virqinia Department of Transportation. Mr. Cilimberg said the Planning Commission, at its meeting on August 13, 1996, had some concerns about the allowance of up to 35 children. In its approval the Commission amended the third condition to "not to exceed 20 children". The Commission also took into consideration that the church may come back later once it has established the use and ask for additional numbers for children capacity. The Commission recommended approval of SP-95-30 subject to the remaining conditions recommended by staff. Mr. Cilimberg said the Commission also discussed the overall consider- ation of day cares in the rural areas. The Commission felt that issue needed to be addressed as part of the rural areas component of the Comprehensive Plan as to appropriate uses and service uses provided in the rural areas. The Chairman opened the public hearing. Mr. Leslie Rowsey, Pastor of Crozet Church of God, said in 1986 and in 1989 the church came before the Commission and Board with a request for 60 children in the day care and 250 seating capacity. Both times the requests were approved. It was stated both times that there would be no significant impact on the rural areas, noise or traffic. He wonders why there is a problem now. There is only one more dwelling in the area than was there when these requests were first approved. He asked what has changed since the original requests were originally approved. It also seems as if the church spent time and money for no apparent reason because the Health Department recommended 35 children and the Commission stayed at 20 children. Mr. Rowsey then responded to some specific issues that had been raised. In response to restoring the sight distance on the embankment, which was mentioned for the first time at the last Commission meeting, the sight distance has never been lost. He has always maintained that embankment since it was cleared and seeded. There has never been a problem with the embankment and its maintenance. The original site plan showed moving the driveway about 60 feet west. The church has paid taxes on the land since it was purchased. Regarding the supposed impact on the rural areas, this was not a problem a few years ago. There are two businesses located just 100 yards to the west of this property. There should be no traffic problems because the church also has a left turn lane into its property. At the most, the day care would add 70 trips per day more on the road with 35 children. He does not know how this request suddenly impacts the environment, rural areas, noise and traffic when those were not issues in 1986 or 1989. He will be glad to answer any ques- tions from Board members. Mr. Marshall asked why the Commission recommended 20 children if the Health Department was agreeable to 35 children. Mr. Cilimberg said the staff recommended 35 children. At the time the Health Department originally looked at this application, the seating capacity in the church was 250. In combinat- ion with that 250, the Health Department felt 20 children was the maximum the septic system could handle. The church then reallocated its capacity by lowering the seating to 180 to allow the day care to increase to 35. That number was recommended to the Commission. There were other reasons discussed at the Commission meeting for keeping the day care at 20 children. One Commissioner commented that the church can always, after it is established, come back and ask for additional children. Mr. Marshall said he does not see what other conditions there could be if the Health Department is supportive. Mr. Robert French, Pastor of Oakleigh Christian Fellowship in Greenwood, said he is a neighbor of the existing Crozet Church of God. Although he is not speaking as a representative of the Western Albemarle Ministers Associa- tions, in past meetings they have discussed the need for day care in Western Albemarle and they support Crozet Church of God. Crozet Baptist Church, which has nearly 1000 members, did a feasibility study and seriously looked at opening a day care center because of the need in Western Albemarle and Nelson County. Many of the ministers in the area applauded the Crozet Church of God for wanting to open this center. It may be a business, but it is also a service to the community. The Crozet Church of God is providing a great need. September 11, 1996 (Regular Night Meeting) (Page 17) 000::1.33 The church already services 27 families. The area actually needs about two of these day care centers. In addition, the church is strategically located near the interstate on Route 250. He has lived on St. George Avenue for 20 years and he raised his children around this day care center. His family has not been adversely impacted by the use of the existing church for a day care center. He believes the Board would do a great service to the community by approving the day care center for a capacity of 35 children. There being no other comments, the public hearing was then closed. Mrs. Thomas asked about comments made at the Commission meeting that people were not expecting a day care center at this church. Mr. Cilimberg said there have been a number of special use permit approvals for this church. In 1986 there was approval for 60 children included in the special use permit; in 1989 approval again allowed for 60 children. In 1992 there was another special use permit, but it did not include a request for a day care center. The reason for the additional special use permits was because the old ones expired; they were not undertaken in the required time frame. Last year the church requested a day care center for the 1992 permit. Mr. Martin said he knows how difficult it is to find good day care. In fact, his wife now provides day care in their home. Almost four to five times a week his wife gets telephone calls from expectant mothers trying to line up day care because it is so hard to find. If the Health Department had approved 60 children, he would support 60 children. Since it approved 35, then he can support that, because it does meet a public need in this community. There probably could be three day care centers within a four mile radius of this place and there would still be the need. Although he understands the Commis- sion's action, he will support the day care center for 35 children. Mr. Perkins said he can also support the center for 35 children. Even though this is in a rural area, its accessibility makes it a good location. Mr. Marshall said he also supports the church. Churches are providing a need that he thinks in the future government may have to undertake. Mrs. Thomas said Mr. French's comments are significant. This church has proven that it can be a good neighbor. She hopes that whatever worked in the St. George neighborhood be applied to the immediate neighbors in this loca- tion. She also believes there is a need for quality day care and this church has a track record. She was persuaded by the Commission's concerns and the argument that the church could always start smaller and get larger, but that does mean going through a process that may not be necessary. She is also willing to support the day care center for 35 children. Mrs. Humphris agreed that there is a need for this day care center. will support the request and especially with Welfare Reform coming up, the demand is going to be tremendous. She Motion was then made by Mrs. Thomas, seconded by Mr. Marshall, to approve SP-95-30 subject to the following conditions recommended by the Planning Commission, with an amendment to conditions #3. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Seating capacity to be determined by adequacy of septic system, not to exceed a maximum seating of 180 persons; Approval is for worship and related church use and day care only. Other uses will require amendment to this permit; Day care enrollment to be determined by adequacy of septic system, not to exceed 35 children; 4. Compliance with Section 5.1.6 of the Zoning Ordinance: 5.1.6. DAY CARE, NURSERY FACILITY No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/ operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within three days of such event. Failure to do so shall be deemed wilful noncompliance with the provisions of this ordinance; bo Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the Fire Official for such inspection September 11, 1996 (Regular Night Meeting) (Page 18) 0001 4 shall be deemed wilful noncompliance with the provisions of this ordinance; Co These provisions are supplementary and nothing stated herein shall be deemed to preclude the application of the require- ments of the Virginia Department of Welfare, Virginia De- partment of Health, Virginia State Fire Marshal, or any other local, state or federal agency; Annual results of coliform testing to be submitted to and approved by the Virginia Department of Health; 6o Clearing of vegetation to restore entrance sight distance to the satisfaction of the Virginia Department of Transportation. Agenda Item No. 11. ZMA-96-15. Lloyd & Patricia Wood (Sign #64). Public Hearing on a request to amend proffers of ZMA-95-18 to add Light Warehousing as a permitted use on TM61, P124E&124E1. Site is location of existing Putt-Putt miniature golf course located at inters of Rio Rd/Putt-Putt Lane. Area recommended for Community Service in Neighborhood 2 by Comprehen- sive Plan. Rio Dist. (Advertised in the Daily Progress on August 26 and September 2, 1996.) Mr. Cilimberg summarized the staff's report which is on file in the Clerk's office and a permanent part of the record. Based on the determination that this use is consistent with the Comprehensive Plan and that the addition of light warehousing will not have a detrimental impact to the area, staff is able to support the request subject to the acceptance of the applicant's proffers. Mr. Cilimberg said the Planning Commission, at its meeting on August 20, 1996, unanimously recommended approval of ZMA-96-16 subject to acceptance of the applicant's proffers. The Chairman opened the public hearing. Mr. Lloyd Wood, the applicant, said the Planning staff and Commission have done a good job in getting to this point. Mr. Wood said when he previously asked the Board to rezone the five acres to HC to permit light warehousing, he assumed that light warehousing was a permitted use. This action would remove a 1986 proffer to permit light warehousing to conform to what the Board approved in February, 1996. He thanked the Board for its time and patience. Mr. Wood said he discussed this proposal with the Raintree Neighborhood Association and they are supportive. There being no other comments from the public, the public hearing was then closed. Motion was made by Mr. Bowerman, seconded by Mr. Marshall, to approve ZMA-96-15, as recommended by the Planning Commission, subject to acceptance of the applicant's proffers. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. PROFFER FORM: Date: 8-20-96 ZMA #96-15 Tax Map Parcel(s) #,~1'124E and 124E1 1.70 Acres ~o be rezoned from HC to HC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent hereby voluntarily 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. Permitted uses on Tax Map 61, Parcel 124E and 124El(shown on Revised T.M.P. 61-124E1 on the attached plat approved 6/18/96-copy on file) shall include only those uses allowed in Section 24.2.1 of the Albemarle County Zoning Ordinance in effect on August 8, 1996, a copy of the section being attached hereto, except the following: 10. 20. 22. 23. 25. 27. Building materials sales. Feed and seed stores. Hotels, motels and inns. Machinery and equipment sales, service and rental. Mobile home and trailer sales and service. Motor vehicle sales, service and rental. Newspaper publishing. September 11, 1996 (Regular Night Meeting) (Page 19) 000 . $ 32. 34. 39. Sale of major recreational equipment and vehicles. Wholesale distribution. Heating oil sales and distribution. Use of the site for light warehousing (the facility) will be subject to the following requirement: The exterior walls of the facility will be textured block (split faced, ribbed, etc.), of a pastel or earth tone color, and the wall shall incorporate architectural features to create shade and shadow in order to prevent monotony. Lloyd F. Wood, Jr. (Signed) Signatures of All Owners Lloyd F. Wood (Printed) Printed Names of Ail Owners 8/20/96 Date Patricia E. Wood (Siqned) Patricia E. Wood (Printed) 8/20/96 Agenda Item No. 12. Adopt Resolution Ratifying the Filing of an Application to the Virginia Public School Authority for a Loan in an Approxi- mate Amount of $5,900,000. Mr. Tucker said funding for the FY 1996-97 Capital Improvements Budget anticipated the issuance of $5,900,000 in bonds through the Virginia Public School Authority (VPSA) for various school projects. Participation in the bond issue requires both the School Board and Board of Supervisors to pass a resolution authorizing application to VPSA. It is anticipated, at this time, that the School Board will pass the resolution at their meeting on September 9, 1996, and the Board tonight. The required application has already been submitted to VPSA by their September 4, 1996 deadline, therefore, the resolu- tion will be ratifying this application. A number of actions (resolutions, public hearings, approvals) will be required between now and November, 1996, to meet the requirements of VPSA and to maintain their time schedule. The required documents will be submitted to the Board as they are received by the Director of Finance from the County's bond counsel. Staff recommends passing the resolution and ratifying application to VPSA. Motion was made by Mr. Martin, seconded by Mr. Marshall, to adopt the following Resolution. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the llth day of September, 1996, at the time and place established by such Board for its regular meetings in accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the following members were present and absent: 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. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Mr. David P. Bowerman Mrs. Charlotte Y. Humphris Mr. Forrest R. Marshall, Jr. Mr. Charles S. Martin Mr. Walter F. Perkins Mrs. Sally H. Thomas Aye Aye Aye Aye Aye Aye RESOLUTION RATIFYING THE FILING OF AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE AMOUNT OF $5,900,000 WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), in collaboration with the County School Board, has determined it is necessary and desirable for the County to undertake capital improvements for its public school system; September 11, 1996 (Regular Night Meeting) (Page 20) O00 3G BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The application to the Virginia Public School Author- ity for a loan in an approximate amount of $5,900,000 to finance capital improvements for its public school system is hereby ratified. The actions'of the County Executive, in collaboration with the other officers of the County and the County School Board, in completing and filing such application are hereby approved and ratified. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the foregoing consti- tutes a true and correct extract from the minutes of a regular meeting of the Board, held on the llth day of September, 1996, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and seal of the Board of Supervisors of Albemarle County, Virginia, this llth day of September, 1996. Agenda Item No. 13. Approval of Minutes: August 7 and August 21, 1996. Mr. Perkins had read the minutes of August 21 and found them to be in order. Mr. Bowerman had read the first ten pages of August 7 and found them to be in order. Motion was made by Mr. Bowerman, seconded by Mr. Perkins, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. Agenda Item No. 14. Other Matters Not Listed on the Agenda from the BOARD. Motion was made by Mr. Marshall, seconded by Mr. Bowerman, to appoint Mr. John F. Marshall, as the Chairman of the Rivanna Water and Sewer Authority and the Rivanna Solid Waste Authority, with terms to expire on May 1, 1998, and to reappoint Mr. Preston Coiner as the joint City/County Chairman on the Rivanna Solid Waste Authority Citizens Advisory Committee, with term to expire on May 1, 1998. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Mr. Perkins said during the recent flooding in Sugar Hollow there was very minor road damage. The road held up well, except this afternoon he was told by Angela Tucker that the middle bridge abutments were damaged and the bridge will probably have to be replaced. Ms. Tucker will be coming to the Board to discuss the design for its replacement. Mr. Martin asked the Board to discuss moving Tandem's driveway at a future meeting. This would be done as a good neighbor policy rather than leaving them on a steep slope. Mr. Tucker said the Board could discuss this under transportation matters on October 2. Mrs. Thomas said she attended the dedication of the Meriwether Lewis track yesterday. It is a nice facility and was made possible by privately raised donations. Mrs. Thomas said it was mentioned to her that the County could benefit from the use of students at the Architecture School to work on projects. She suggested staff pursue this idea. Mr. Bruce Dotson is the new Chair of the Planning Department in the Architecture School. Mr. Tucker said that idea has been discussed previously, but the staff always left it up to them to make the September 11, 1996 (Regular Night Meeting) (Page 21) offer. He thinks it is a good idea and it could be a way to get projects completed by getting the research and ground work done. Mrs. Humphris asked for a volunteer to represent the Board at the ground breaking ceremony of the new JABA facility on September 23. Mr. Bowerman said he would represent the Board. Agenda Item No. 15. Executive Session: Legal Matters. At 8:25 p.m., motion was made by Mr. Bowerman, that the Board go 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 regarding specific legal matters relating to reversion and relating to pending litigation regarding a real estate matter. Mrs. Thomas seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Agenda Item No. 16. Certify Executive Session. At 9:20 p.m., the Board reconvened into open session. Motion was made by Mr. Marshall, seconded by Mr. Bowerman, to certify the executive session. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. Agenda Item No. 17. Adjourn to September 16, 1996, 5:00 p.m., for Joint Meeting with School Board. Motion was immediately made by Mr. Bowerman, seconded by Mr. Martin, to adjourn to September 16, 1996. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Marshall, Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. None. C~a~man