1995-10-04October 4, 1995 (Regular Day Meeting)
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A regular meeting of the Board of SuPervisors of Albemarle County,
Virginia, was held on October 4, 1995, at 9:00 A.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 9:00 A.M., by the
Chairman, Mr. Perkins.
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. David McKim came forward to speak about Sugar Hollow Road. He
handed in Petitions containing (he said) 191 names of those requesting a
formal public hearing to consider all aspects of the proposed changes to the
Sugar Hollow area, including the question of paving State Route 614 from State
Route 674 and the Sugar Hollow dam. He read a five paragraph prepared
explanation of the petition which he also presented to the Supervisors, and
pointed out that a memo has been submitted to the Supervisors signed by an
additional 263 concerned citizens who are also requesting a formal public
hearing on this issue. He said this represents over 450 signatures, and
petitions are still circulating.
Mr. Perkins said some of the questions can be answered today by Mrs.
Angela Tucker, Resident Engineer, Virginia Department of Transportation, as
well as Mr. Sandy Rives, who is an Officer with the Shenandoah National Park.
Some questions can't be answered right away, because of the unusual circum-
stances. Mrs. Tucker can bring everybody up-to-date on this issue when
transportation matters are discussed.
Mrs. Thomas said some of these questions are not questions to which
someone can give definitive answers, but they are questions that need to be
considered in a plan for this area. The planning done for this area didn't
presuppose a paved road which will increase all property values, as well as
development pressures. There are some people in the area who own large pieces
of land they are eager to develop. She wondered what impact this will have on
that whole area. She does not know the best way to proceed, but perhaps as
things are discussed today, there may be a better idea presented. The Sugar
Hollow area is one of the County's most valuable areas, and yet the plan is
proceeding in a most haphazard manner. The plan is somewhat under control as
far as the impacts on the river itself are concerned, because of David
Hirschman's meetings with lots of people to develop some suggestions. She is
not satisfied that everything has been done that needS to be done. She went
on to say that she will listen with interest to the conversation that will
follow at today's meeting.
Mr. Bob Colley, Copper Knoll Road, was present to request that the
County provide enough athletic fields so children can participate in more
sports. Many organizations are involved. Representatives from the Char-
lottesville and Albemarle Baseball Association, the Soccer Organization of
Charlottesville and Albemarle, the Charlottesville and Albemarle Youth
Football League, the Seminole Summer Lacrosse League, the Albemarle Field
Hockey Association and the Hollymead PTO, are present today. These organiza-
tions are supported by hundreds of volunteers as coaches and managers, as well
as thousands of supportive parents. Best of all, there are 6000 children who
want to participate in these programs, and they want to help themselves.
Although members of all of these groups speak highly of the County's Parks and
Recreation Department, there have been many problems, and they will only get
worse if more fields aren't provided soon. He asked the Supervisors to help
him, the organizations, the volunteers, the parents and, most of all the
children. He asked that the children be put on the playing fields and kept
off of the streets and drugs.
Mr. Tucker pointed out that when enrollment projections are considered,
while enrollment is increasing, a lot of the students are moving through the
middle and high schools. This needs to be taken into consideration when
planning is done for the future, because it is easy to go overboard if careful
planning is not done. He reminded the Supervisors that there are plans in the
Capital Improvement Plan for some additional playing fields.
Mr. Mullaney said substantial gains have been made in field spaces
during the past several years. Every time a school has been upgraded or a new
school built, a separate Little League field and multipurpose field are built.
He pointed out that Towe Park was built not very long ago, but there are still
not enough fields. Dealing with the needs for this community is difficult.
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OO0002
There is no state standard, and it is impossible to look at the number of
teams and decide how much practice space and game space is needed. The
difficulty lies in trying to take into account the schedules of the volunteer
coaches and when they can practice. He said staff has discussed whether or
not it is the government's responsibility to provide field space for a one-
season activity. Where does the government's responsibility to provide fields
start and end, and where does the private sector's responsibility begin and
end? If there are any engineers or landscape architects involved with the
private groups who would be willing to help, Mr. Mullaney indicated that use
of existing County land could be considered. The new projects are all shown
in the fifth year of the CIP. If there is someone who is willing to volunteer
some expertise with this matter, the plan could go forward now.
Mr. Martin remarked that he has been working in human services for a
long time, and he has seen a number of children go astray in the County and
City. His job is to do something about that. He approaches this matter from
the point of view that the problem has already happened, and he asks himself
what he can do now to help make a change. People often use the argument that
money can be put into education now, or it can be put into prisons later. He
thinks there is some legitimacy to that argument. He also thinks there is
some legitimacy in the argument that the more time children are on those
playing fields, the less likely they will be on his case load later. To some
people this statement might seem absurd, but he thinks there is a direct
relationship as to how many children are on the fields and how many are on his
case load. This County is growing. That growth is being considered and
planning is being done for it in land growth planning, as well as the whole
Comprehensive Plan. All of this is already being considered. It did not just
come to this Board's attention today. He would like to see this whole issue,
as well as the issue of swimming pools, considered at the same time, because
he thinks this is another thing which this Board is going to have to deal with
in the future.
Mrs. Thomas said Mr. Tucker's comment about enrollment, as well as Mr.
Mullaney's comment about the playing fields being shown in the fifth year of
the CIP, makes her think that this matter may be going in the wrong direction.
She suggested that the fields be considered earlier in the CIP when the
children are at the right age. Something else might be postponed.
Mr. Tucker said priorities are set with the revenue that is available,
which could mean shifting priorities in the next CIP and trying to move some
of the proposed playing fields earlier in the process. It would be helpful to
have the expertise of citizens in the private groups. An approach needs to be
taken to consider the County's needs, as well as possible locations. This can
be easily accomplished when the County has land, but if the locational
perspective is considered, people are going to have to be willing to live with
such a site nearby. Staff will start this process, and Mr. Mullaney will take
the lead in putting a team together to get a report back to this Board as soon
as possible.
Mr. Martin said he is not demanding that something be done about these
playing fields now. However, in the northern part of the County there are at
least two areas which are going to be growing residentially. County officials
have the ability to accept donations of land for certain things. It is a lot
easier to have a field and then build the houses, than it is to build the
houses and then build a playing field. A playing field might be something
useful a developer could donate to the County. It could be made accessible to
all of the County's citizens and not just to individuals in a subdivision. He
thinks developers should be informed as to how much County officials would
appreciate such a donation.
Mr. Marshall agreed with Mr. Martin's remarks. He noted that when he
was a child he played ball in one of the Charlottesville parks all day long.
A few years ago he was involved with the Albemarle School Board when the
members of that Board were trying to develop the neighborhood concept. The
playground at Yancey Elementary School was constructed at that time. He
suggested that available land at the different schools be considered. There
are a lot of places where a playground can be extended, and he wondered if
there is extra land available at the Hollymead School. Mr. Mullaney responded
that the elementary and middle schools have been ruled out, except for land at
the Jack Jouett/Albemarle High School complex. Land at the new high school
site is also being considered.
Mr. Bowerman commented that there are some road rights-of-way available
at the new high school site. If the land is not going to be used for a road,
perhaps it could be used for a playing field. It seems to him that it would
be a lot more constructive to spend the money now. He understands the
priorities in the CIP, but he thinks Mr. Martin is suggesting to the other
Supervisors that the playing fields be moved forward in the plan so something
can be done at the appropriate time.
There was no further discussion of this item.
Agenda Item No. 5. Consent Agenda. Mo%ion was offered by Mrs.
Humphris, seconded by Mrs. Thomas, to approve Items 5.1, 5.3, 5.4 and 5.5, and
to accept the remaining items for information (5.2 will be discussed separate-
ly). Roll was called, and the motion carried by the following recorded vote:
October 4, 1995 (Regular Day Meeting) O0000~
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AYES:
Mr.Mr' Marshall.Martin' Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
NAYS: None.
Item 5.1. Appropriation Request: Education - Transfer $36,800 frOm
Transportation to Special Educati6n, (Form #95026).
It was noted in the staff's report that during the preliminary budget
process, $36,800 was set aside in the Transportation budget so students with a
serious emotional disturbance could be transported to a cluster school in the
County for services. After discussion with the elementary principals, it was
their consensus that the funds could best be used to provide additional
assistance to the schools in the form of additional teaching assistant
support. It was requested that the appropriation ordinance be amended to
disburse these funds.
By the recorded vote set out above, the following resolution of appro-
priation was adopted:
APPROPRIATION REQUEST
FISCAL YEAR: 1995-96
NUMBER: 95026
FUND: SCHOOL
PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FROM TRANSPORTATION
TO SPECIAL EDUCATION
EXPENDITURE
COST CENTER/CATEGORY
1210061102114100
1210061102210000
1210061102221000
1210061102231000
1210061102242000
1243262320580000
DESCRIPTION
SALARIES-TEACHERS AIDE
FICA
RETIREMENT
HEALTH INSURANCE
LIFE INSURANCE
TRANSPORTATION-MISC
TOTAL
AMOUNT
$30,000.00
2,295.00
3,357.00
1,043.00
105.00
(36,800.00)
$ o.oo
REVENUE DESCRIPTION AMOUNT
TOTAL $ 0.00
Item 5.2. Approval of ZMA-95-11, Nigel C. Bray. This item will be
discussed following approval of the consent agenda.
Item 5.3. Adopt Resolution authorizing the Virginia State Police to
enforce local motor vehicle licensing ordinance. It was noted in the staff's
report that the 1995 Session of the Virginia General Assembly amended Code of
Virginia § 46.2-102 dealing with enforcement of local ordinances requiring the
obtaining and displaying of local motor vehicles licenses (decals).
The amendment authorizes the State Police to enforce the local motor
vehicle licensing ordinances upon request of the local governing body. In
return for enforcing the local ordinance, fifty percent of the revenue (fines)
collected from such enforcement is remitted by the locality to the Department
of State Police. Staff recommended that a resolution be adopted authorizing
the State Police to enforce Chapter 12, Article Va, County Vehicle Licenses,
of the Code of Albemarle.
By the recorded vote set out above, the following resolution was
adopted:
RESOLUTION
WHEREAS, Chapter 12, Article V, County Vehicles Licenses of
the Albemarle County Code requires the obtaining and displaying of
a local motor vehicle license;
WHEREAS, Section 46.2-102 of the Code of Virginia permits
state police officers to enforce the local license ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County
Board of Supervisors hereby requests that the Department of State
Police assist in the enforcement of Chapter 12, Article V, County
Vehicle Licenses of the Albemarle County Code requiring the
obtaining and displaying of a local motor vehicle license.
BE IT FURTHER RESOLVED that fifty percent of the fines
collected from such enforcement shall be remitted to the Depart-
ment of State Police.
Item 5.4. Request Approval of Early Retirement Benefits for Emergency
Operations Center (EOC) employee.
It was noted in the staff's report that Albemarle County Personnel
Policy P-63 provides for voluntary early retirement benefits for county
October 4, 1995 (Regular Day Meeting)
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employees who have~beeh~o~d by the~ ~n~y for ten of the laSt thirteen
years, who are at least 55 years of age and currently employed. Staff has
received a request from a 23.5 year veteran of the Charlottesville-Albemarle-
University of Virginia Emergency Operations Center. As a joint operation, EOC
employees fall under the county's personnel practices and as such makes this
employee eligible for voluntary early retirement benefits. The employee has
requested that she be allowed to take early retirement as of January 1, 1996,
and such action has been recommended to you for the EOC Management Board with
the associated budget implications to be absorbed within their budget. Staff
recommends approval of the request.
By the recorded vote set out above, the request was approved with the
budgetary implications being absorbed within the EOC budget.
Item 5.5 Request approval of a Revised CATEC Funding Formula.
It was noted in the staff's report that during the past several months,
the CATEC Board has been working with the Albemarle County School Board and
the Charlottesville City SchOol Board to revise the funding formula for CATEC.
The purpose of this effort has been to stabilize the amount each division pays
to support CATEC.
The current funding formula, which has been in effect since CATEC
opened, is based on the previous year's Average Daily Attendance (or ADA) for
grades 9-12 in the two school divisions. Because ADA is an extremely fluid
figure, it has been difficult to accurately predict the required contribution
during the normal budget development cycle. It has often been necessary for
the two school boards to allocate additional money to the CATEC budget after
the school division budgets have been finalized. During the current fiscal
year, Albemarle County is contributing $764,573 (or 74.57%) and Charlottes-
ville is contributing $260,770 (or 25.43%) to CATEC.
In addressing this issue, the CATEC Board considered several options.
The recommended option involves the CATEC contribution being tied to two
equally weighted factors, a three-year Average Daily Membership (ADM) in each
school division and a three-year ADM at CATEC. Under this proposal the
Albemarle County contribution is estimated to decrease $50,000 to $718,582 (or
70.07%) and the Charlottesville contribution is estimated to increase $50,000
to $306,982 (or 29.93%). The CATEC Board chose this option because it would
provide a predictable figure for budgetary planning and because it more
accurately reflects actual program use by the two school divisions.
On September 13, 1995, the two School Boards met and discussed this
proposal. As a result of this discussion, the two bodies agreed that the new
formula should be implemented, but with the caveat that the implementation be
phased in over a three-year period with a review at the end of two years.
Under this arrangement, the increases and decreases in contributions for each
system would occur in approximately $15,000 increments per year over the next
three years beginning FY '96. Further, the entire funding formula issue would
be reviewed at the end of two years so that possible budget needs related to
programmatic change being considered at CATEC might be addressed. This would
be aligned with the CATEC program review.
It is requested that the Board of Supervisors approve the proposed
changes in the CATEC funding formula.
(Mrs. Humphris commented that she couldn't read the names of the people
who prepared, reviewed and recommended the document. She said that their
names were not typed, and although she knows that the document is official,
she would suggest that the names be legible. Mr. Tucker replied that this was
a school division document. Mrs. Humphris remarked that this is not the first
time she has sent a suggestion back to the School Board.)
By the recorded vote set out above, the Board approved the proposed
changes in the CATEC funding formula.
Item 5.6 Report on Airport Impact Area Overlay Zoning District (AIA)
and request from Pleasant Grove Baptist Church, received for information.
It was noted that at the September 20, 1995, meeting of the Board, staff
was requested to analyze the AIA Overlay District as it relates to the
proposed expansion of the Pleasant Grove Church. Current zoning regulations
would prohibit expansion because the church is located in the "safety area"
which is the most restrictive area within the AIA and is specifically desig-
nated due to safety concerns based on the FAA standard used nationwide.
The Airport Manager and staff from the County Executive's Office, the
County Attorney's Office, the Zoning Department and the Planning/Community
Development Department, have met and discussed this issue. Additional
research is proposed prior to formulation of any recommendation, including
review of regulations of other localities as well as obtaining direct comment
from the Virginia Department of Aviation. The FAA will be consulted as to
matters of safety and any funding implications which could result from
ordinance relaxation.
October 4, 1995 (Regular Day Meeting)
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000005
Item 5.7 Copy of letter dated September 14, 1995, from the Virginia
Department of Historic Resources to Archibald Craige stating that East Eelmont
will be considered for nomination to the National Register and for inclusion
in the Virginia Landmarks Register at a meeting on October 18, 1995, received
for information.
Item 5.8 Copy of August, 1995 Operating Results from Acme Design
Technology, Co. received for information and filed in the Clerk's Office.
Item 5.9 Copy of letter to Ms. Jo Higgins dated August 1, 1995, from
John A. DePasquale, District L&D Engineer, re: Meadow Creek Parkway Team
(MCPT) Activity Schedule, received for information as follows:
"August 1, 1995
Ms. Jo Higgins
Albemarle County Engineering
Public Works Department
401Mclntire Road
Charlottesville, Virginia 22902
Subject: MCPT Activity Schedule
Dear Ms. Higgins:
The charge of the Meadowcreek Parkway Team (MCPT) is to develop strategies to reduce the
cost of the Meadowcreek Parkway improvement project. This effort is to come to fruition in
time for the 1996 Commonwealth Transportation Board Prea[[ocation Hearing. As such, the
MCPT developed the following schedule at it's July 27, 1995, meeting, to identify critical
activities which must be met in order to accomplish this end:
Iii Lestone
MPO Technical Committee Meeting
Date
8/95
Recognize Environmental Concerns 7-8/95
Construction Cost Estimate Review 7-8/95
Right of Way Estimate Review
Traffic Modeling
CATS Committee Presentation
7-8/95
Planning Commission Presentation/
Hearing
7-10/95
10/95
12/95
1/96
1/96
(3rd week)
2/96
3/96
Board of Supervisors Presentation/
Hearing
MPO Technical Committee Meeting
MPO Policy Committee Meeting
CTB Prea[location Hearing
Activity/Resoonsib[e Entity
Request input & provide status/
direction & charge of MCPT effort-
County
Identify alignment constraints -
Review estimate to identify cost
saving strategies - VDOT
Review alignments to identify cost
saving strategies - County
Model traffic recognizing points
of controlled access - I/DOT
Present MCPT cost saving proposals
with supporting data - County
Present MCPT cost saving proposals
with supporting data - County
Present MCPT cost saving proposal
with supporting data - County
Request resolution for CATS Plan
revision - Cm~ty
Present MCPT cost saving proposal-
Cot~ty
Present cost saving proposal-
County
The MCPT recognized that this was an aggressive schedule but with the support from the
involved players, identified above, the MCPT could deliver its charge by March, 1996. The
next meeting is scheduled for August 30, 1995, at 1:00 p.m. in the County Office Comp[ex,
Room 214.
Very TruJy Yours,
(Signed)
John A. DePasqua[e, P.E.
District L&D Engineer"
Item 5.10 Copy of minutes of the Rivanna Water & Sewer Authority for
July 24 and August 28, 1995, received for information.
(Mrs. Humphris said Agenda Item No. 7.0 of the minutes of August 28,
1995, contains a motion requesting that the Rivanna Water and Sewer Authority
(RWSA) hire someone "from a water quality standpoint" to consider all of the
surface and groundwater information the Rivanna Solid Waste Authority (RSWA)
is gathering to see how it could potentially affect the public drinking water
supply. It was pointed out that they do not intent to duplicate efforts of
RSWA, but it would be helpful to have an independent analysis done. This was
an approved motion, and in light of everything that is going on about the Ivy
Landfill and the question of impacts on both surface and groundwater, she felt
October 4, 1995 (Regular Day Meeting) 000006
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the other Supervisors needed to kn°w that RWSA is having an independent
analysis made of that information.)
Item 5.11 Copy of minutes of the Albemarle County Service Authority for
June 15, July 20 and August 17, 1995, received for information.
(Mrs. Thomas noted that in the Albemarle County Service Authority [ACSA]
minutes, Mr. Don Wagner suggested that staff review proposals for a particular
capital project with local firms so they could be more competitive on future
projects. She thinks this is a very good type of action for County agencies
to take to make the bidding process, as much as possible, one in which local
firms can compete. Legally, local firms cannot be given an advantage in the
bidding process, but projects can be discussed, and the projects can be put in
a good competitive bidding posture. She asked if this is something that can
be done for local government projects.
Mr. Tucker said the State Procurement Act and the County's regulations
are basically the same as those of ACSA. There is not a lot of leeway to help
one group over another. Staff has a list of agencies, in terms of notifying
representatives who might be interested in bidding, so they will know a
project is available for the bidding process in case they don't see the normal
advertisements. He does not know of anything else that could be done. He
asked if Mr. Davis has any suggestions.
Mr. Davis said there is networking of bid information distributed to
local people. The law does require that a contract be awarded to the lowest
responsible and responsive bidder.
Mrs. Thomas said the project referred to in the ACSA minutes seemed as
though it could have been cut into smaller projects, or it could have been one
huge project. As one huge project it would almost have been guaranteed that
the bid would not have gone to a local company. If it had been broken into
smaller projects, it could have been handled locally. This is the type of
decision which can be made at the County level, although it doesn't guarantee
the project will go to a local bidder on a smaller project. She encouraged
staff, whenever possible, to handle projects in this manner.
Mr. Tucker responded that the splitting oflprojects has been done before
and it worked fairly well. However, it was found that quite often splitting
projects made the project more costly. This has been done as it relates to
the cost/timing of the project rather than whether or not it will help a local
or non-local individual or entity. The cost and lowest bid have to be
considered.)
Item 5.12 Copy of Notice dated September 25, 1995, from the State
Corporation Commission re: Application of Virginia Electric and Power Company
to revise its fuel factor pursuant to Virginia Code § 56-249.6, receiVed for
information.
Item 5.13 Letter dated September 27, 1995, addressed to Ella W. Carey,
Clerk, from A. G. Tucker, Resident Engineer, entitled "Current Projects
Construction Schedule" received as follows:
ROUTE LOCATION STATUS EST. COMP.
NO. DATE
29 From Hydraulic Road (Route 743) Construction 91% Complete Dec 95
to N of Rio Road (Route 631
240 Route 240 Bridge Replacement Near Construction 53% Complete Dec 95
Iht Route 250
29 From N of Rio Road (Route 631) to Construction 26% Complete May 97
S Fork Rivanna River
671 Bridge Replacement at Miltington Construction 45% Complete Dec 95*
ised Date
29 S FORK RIVANNA RIVER TO AIRPORT RD - WIDEN TO 6 LANES 08-99 ;)4 MO
610 FROM ROUTE 20 TO 1.8 MI E RTE 20 - GRAVEL ROAD 10-96 6 MO
631 FROM BERKMAR DRIVE TO ROUTE 29 Adv. 6 MO
631 FROM ROUTE 743 TO BERKMAR DRIVE 09-97 12 MO
October 4, 1995 (Regular Day Meeting) 000007
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631 NCL CHARLOTTESVILLE TO CSX RR (RIO) MEADOW CREEK PARKWAY 07-98** 12 Mo
637 RTE 635 TO 0.55 N[ W RTE 682 - GRAVEL ROAD 10-99 12 MO
649 FROM ROUTE 29 TO ROUTE 606 (AIRPORT ROAD) 12-00 9 MO
656 GEORGETOWN ROAD FROM RTE 654 TO RTE 743 04-01' 6 MO
682 ROUTE 250 TO 1.7 MI S RTE 250 - GRAVEL ROAD 08-95 12 MO
7'11 FROM ROUTE 7'12 TO ROUTE 29 - GRAVEL ROAD 10-97' 5 NO
712 ROUTE 29 TO ROUTE 692 - GRAVEL ROAD 10-96 9 MO
743 HYDRAULIC ROAD RTE 657 (LAMBS ROAD) TO ROUTE 631 10-96 12 MO
759 FROH RTE 616 TO FLUVANNA COUNTY LINE - GRAVEL ROAD 10-99' 5 MO
760 FROM ROUTE 712 TO ROUTE 29 - GRAVEL ROAD 10-98 12 MO
866 FROM ROUTE 743 TO ROUTE 1455 (GREENBRIER DRIVE) 09-99 9 MO
Item 5.2. Approval of ZMA-95-11, Nigel C. Bray, request to rezone
approx 1.4 ac from CO to C-1 in the EC Dist on N sd of Rt 250 E, W of and
adjacent to Flynn's Restaurant, and SP-95-21, Nigel C. Bray, request to
construct a vet clinic on property described in ZMA-95-11 (deferred from
September 20, 1995. This item was deferred until the proffers accompanying
the petition could be signed by the property owner.).
Mr. Cilimberg said at the last meeting, Mrs. Humphris brought up a point
relating to his suggestion about a sixth condition for the special use permit
which would allow a waiver that the Planning Commission had not granted at its
meeting. This would shorten the process for the applicant, but he wanted to
make sure that the Supervisors remembered the wording of that sixth condition.
He stated that it is a waiver of Section 5.1.11.b to allow a structure to bc
located less than 200 feet from the residential lot lin~. If the Supervisors
are agreeable to this wording, it can be added to the action taken on the
special use permit. Everything else pertaining to this special use permit is
the way it was left at the last meeting. He said there is now a signed
proffer, and it is in order if the Supervisors are ready to take action.
Mrs. Humphris then offered motion to approve SP-95-21, Nigel C. Bra'S,
with the first five conditions as shown in the staff report, and including a
sixth condition relative to a waiver of Section 5.1.11.b to allow a structure
to be located less than 200 feet from the residential lot line. Mr. Marshall
seconded the motion.
AYES:
NAYS:
Roll was called, and the motion carried by the following recorded vote:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The conditions of approval are set out in full below.)
The final site plan shall not be submitted without County
Engineer approval of a certified acoustical report confirm-
ing that noise measured at the nearest residential lot line
shall not exceed 60 dba from 7:00 a.m. to 10:00 p.m. or 55
dba at all other times. Construction standards shall be
stated on the final site plan. Such construction standards
may include but are not limited to, building material types,
location and material of doors, windows and other building
openings;
2. No outdoor runs or pens;
Fencing and landscaping shall be provided adjacent to the
Luxor development as shown on the site plan titled "Animal
Medical Center" initialed WDF 8/9/95;
A public entrance to the animal center which is separate
from entrances to other users of the building shall be
provided;
Delineation of an exercise area on the final site plan
including appropriate signage to inform the public of the
intended use of the area;
October 4, 1995 (Regular Day Meeting)
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000005
Waiver Of se~i~:~:~i':"i~'~'~i~i0w'~Structure to be located
less than 200 feet from residential lot line.
Mr. Cilimberg informed the Board that approval of ZMA-95-11 is also
necessary. Mr. Tucker explained that this will require a separate motion.
Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to
approve ZMA-95-11 with the following proffer dated June 26, 1995, signed by
Horace F. Jackson on September 27, 1995:
(1)
The only permitted uses of the property shall be those
listed in Section 22.2.1, b.1, b.4, b.5, b.6, b.12. b.13.
b.17. b.18, b.19, b.20, b.23.
Roll was called on the foregoing motion which 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. 6. Approval of Minutes: March 15(N), June 7 and
September 13, 1995.
Mr. Marshall had read June 7, 1995, page 27 (#19) to page 36 (#18), and
found them to be in order.
Mr. Bowerman had~read June 7, 1995, page 1 to page 12 (#8) and found
them to be in order.
Mrs. Thomas had read March 15(N), 1995, pages 14 (#9) to the end, and
noted two typographical errors for the Clerk.
Motion was offered by Mrs. Humphris, seconded by Mr. Bowerman, to
approve the minutes which had been read. 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. Transportation Matters.
Mrs. Angela Tucker referred to the Route 614 project. The current plan
is to start work on the section below and up to Route 674 and pave that
portion of road which was previously paved, but washed out by the flood. Work
will probably start next week or during the week of October 16. VDoT workers
would also like to start working on exposing the large sycamore northwest of
Route 674 which has been covered with a two-foot cover and impaction as work
was done on the road in that area. She has a quote to be accomplished by Van
Yahres Tree Service. It was decided to use this tree service for the work in
order to provide a sensitive approach to the work. The Van Yahres represen-
tatives feel there should not be any long-term impact on that tree, and they
wish to provide dormant fertilization after a period to ensure that the
compaction, after it has been exposed, does no further harm. She has a
written expert opinion on that work. The work the tree service employees have
to do has to occur after the VDoT contractor has done some regrading several
feet away from the tree. The slope needs to be regraded and the landing
removed. Time is most critical on the activity.
VDoT officials have not received the written comment that is expected.
However, there is a meeting this afternoon involving the Department of
Conservation and Recreation. VDoT officials are going to ask representatives
of the Department of Conservation and Recreation to forward written comment to
VDoT staff if there are concerns which need to be addressed. After she
receives all of the written comments from everyone concerned, she will respond
in one letter as to VDoT's plan of action. She will respond to this Board, as
well as the various agencies, groups and citizens who have offered their
input, or who just want to know what is happening.
One issue which needs to be considered is the cleaning out of the
reservoir and the truck trips which could occur. While VDoT staff is anxious
to get on with the work before winter, it could be for naught if consideration
is not given to unusual hauling patterns. VDoT representatives will wait and
work with the Rivanna Water and Sewer Authority to see what their schedule
will do to VDoT's schedule. This issue will also be covered in VDoT's plan of
work to be provided in writing. This is the current status of VDoT staff's
intent on the Route 614 project.
Mr. Marshall said he has heard a projection that this area could get up
to nine inches of rain from the next storm. If this happens, he wonders if
this amount of water will destroy more of the Route 614 area, or has enough
repair been done that it won't wash out again. Mr. Perkins answered that the
area is in better condition than it was before the flood. Mr. Marshall
October 4, 1995 (Regular Day Meeting) 000009
(Page 9)
wondered if this means it is not likely that this same type of devastation
will happen again. Mr. Perkins replied that he does not think so.
Mrs. Tucker mentioned that the flood delivered 13 inches of water in a
short duration. Nine inches of rain in a short duration could be catastroph-
ic, but nine inches over several days may not cause any problem. VDoT staff
will address having stockpiled material and contractor equipment relocated
immediately. Other than that, there will not be a lot of things in that area
that wouldn't be there if it had been decided not to move along with paving
the road. It would be basically as the road was left in its prior flood
state.
Mrs. Humphris wondered what occurred in the conversations with Mrs.
Tucker's superiors relative to the concerns of the public about the future of
Sugar Hollow as a rural and beautiful natural area. Mrs. Tucker responded
that VDoT officials think the road itself is not the only thing that could
cause potential future development. County officials also have a say as to
how that area will develop further. It is a matter of how well one can bear
the pressure that is presented once the road is paved.
Mrs. Humphris said she has heard VDoT representatives say previously
that such things are up to County officials. Under the law, County officials
can do no more to protect Sugar Hollow at this time, than they have already
done. The ultimate protection has been given to that area under zoning law.
VDoT officials are not being realistic when they say changes to the road are
not going to be the factor in the change in Sugar Hollow. It is just meaning-
less rhetoric if VDoT representatives imply that County officials can do more,
because they cannot, under state law. Mrs. Tucker remarked that, according to
Mrs. Humphris comments, it would seem that Mr. McKim's conversation is lending
itself to by-right development which would proceed if the road was paved,
versus no interest in having the same development occur with a gravel road
frontage.
Mrs. Humphris answered affirmatively. This brings to mind the time when
the western bypass discussions were being held. State officials kept sending
letters to the County officials asking that they take action to prevent
development from taking place in the corridor before the road was constructed.
These state officials surely knew that by-right development was possible, and
there was absolutely nothing the Supervisors could do to prevent it. This is
why she is asking the question about the conversations of VDoT representa-
tives.
Mrs. Tucker said she would like to explain why this matter has not
evolved through a formal public hearing process, which may add some insight as
to whether or not a public hearing might have been helpful. Normal road
projects get added to the Six-Year Plan and are funded through secondary
construction funds. It is policy for rights-of-way to be donated for such
projects, and this matter is then taken to a public hearing. If there is a
situation where general improvements can proceed within a 30-foot prescriptive
easement on one or two properties, it shouldn't necessarily remove that
project out of the Six-Year Plan. Sometimes there is the need to realign a
road under that formal procedure, and it is important to get more than the 30-
foot right-of-way from a property owner. If it is impossible to get by that
parcel without the necessary donated right-of-way, that property owner can get
the project off of the plan. It so happens that on Route 614 a full alignment
improvement is not being done. The work being done is in direct relation to
the flood restoration-effort and a long-term maintenance enhancement. It is
basically just capping the road, as opposed to realigning it.
Mrs. Tucker said there are still three, one-lane structures that are
crossed along this alignment. Because the alignment is not being changed, the
land from the four property owners who are refusing to donate rights-of-way is
not critical to the paving that is to occur. Since it is a maintenance
project rather than being a full construction project (which uses funds
allocated only for that purpose), a formal public hearing process is not
required. In hindsight, she can say that regardless of what the formal
process is, something else should have been done, possibly just for courtesy
sake.
Mr. Perkins pointed out that having dirt roads has not slowed down
development in many areas in the County, and he is sure there are such areas
in the White Hall district. He mentioned Mr. Martin's district, where there
are some small roads off of Route 20, and a great deal of development has
happened there. People who are looking for that type of place think that they
can get the land cheaper, if the road is not paved. Once a number of houses
are built, then pressure is put on County officials to fix the road. He does
not think that one thing spurs the other. He asked if Mr. Tucker knows
anything about the Rivanna Authority's plans.
Mr. Tucker said staff has not gotten a report on the plans for removal
of debris, etc. A bathymetric study is being done to determine the lost
capacity of the reservoir, but he has not seen this report either. He said
Mrs. Tucker is going to have to coordinate the plans with the Authority.
County staff has not gotten any recommendations on this matter, at this time.
Mr. Perkins mentioned the problem of fixing the road, and then having
the truck traffic ruin it.
October 4, 1995 (Regular Day Meeting)
(Page 10)
O00010
Mr. Bowerman concurred that Mrs. Tucker has indicated that there could
be a lot of truck traffic on this road. He asked the possibility of spoiling
the debris very close to that area, since the material in the reservoir is
indigenous. This would limit transportation of the material.
Mr. Tucker said this can be considered, but it is probably going to be
limited, because the amount of debris is so significant. He does not think it
is possible to get rid of a lot of the debris in the near environs of that
area. He agreed this method would be less expensive, so it will certainly be
examined.
Mrs. Tucker remarked that hauling is a development consideration, but
the most critical consideration relates to the environmental impact. This is
being addressed as sensitively as possible. There have been high ranking
officials from VDoT working in the field, but Mrs. Tucker has been given some
leeway into making the road fit the area as much as possible. She would like
to delaY formally a report of the action that will be taken by VDoT, until she
has written comments about what will be considered, such as tree canopy, cuts,
etc. It looks as though very little additional grading will occur along most
sections of Route 614, west of Route 674, with the exception of some stretches
of road that have wound dramatically away from the river itself. The sections
close to the river can be worked through in their current state.
Mrs. Thomas said the Board's resolution indicated that VDoT officials
would not act without David Hirschman's recommendations. Since his comments
are currently in draft form, she assumes VDoT staff is waiting for that, as
part of the information which is needed. Mrs. Tucker responded affirmatively.
Mrs. Thomas said representatives of the Department of Conservation and
Recreation (DCR) are meeting with VDoT officials today. Mr. Hirschman cannot
be at that meeting, so she asked that he be kept apprised of what occurs
during that meeting. One of the problems she is trying to address is the fact
that VDoT staff has met separately with people, and no one person has drawn it
all together. People were getting the feeling that different stories are
being told, so that is one reason that drawing it all together by Mr. Hirsch-
man was a good idea. She was a little disappointed that this particular
meeting was taking place on a day when Mr. Hirschman couldn't attend. Mr.
Hirschman's comments include a lot of the things Mrs. Tucker has discussed, so
they are obviously thinking along the same lines about the sycamore tree, etc.
Mrs. Tucker said there was no intention to leave Mr. Hirschman out of
today's meeting. This was dictated by members of the DCR staff. It was
unfortunate that the DCR representatives were not available at the initial
meeting, so all of this could have been handled in one meeting. She had hoped
that VDoT staff could have met with the DCR people before this meeting, so she
could summarize what took place.
Mrs. Thomas remarked that some of the things that need to be discussed
should not be the responsibility of Mrs. Tucker or Mr. Hirschman. Planning
issues are involved, as far as the impact of this road having a speed and an
attractiveness to people that it hasn't had before. She wondered if there are
things County officials should be doing, although she agreed with Mrs.
Humphris that there is a limit to what they can do. At least the Supervisors
can have a plan, and they can make sure that the VDoT officials' plan coordi-
nates with theirs, and that they are not going off in two different direc-
tions. She does not know if this is best brought about by forum, although she
has no interest in having a public hearing, where neighbor versus neighbor
stand and shout at each other. This will not solve anything. There are
certain things happening in a place that is uniquely important to this County.
Mr. Cilimberg noted that Scenic Streams Overlay District status was
applied to the river, and from a land use control standpoint, it has an
effect. Development rights are the same throughout the rural area, and when
unpaved roads are paved, special plans for those roads have to be developed,
just because they are in the rural area. The decision of paving the unpaved
roads was based on the decision that the people along the roads wanted them
paved, but it was also based on safety considerations and traffic volumes.
This is part of a process that has been in place in this County for some time.
When something else is done for a particular rural area, very specific and
specialized planning has to be done beyond what is currently in place. There
are other little roads, hollows and coves along the Blue Ridge Mountains which
might also need consideration. Unless other places are considered, then
County officials are doing something that will become very different in that
area from a planning standpoint. He is not aware that this type of localized
planning has ever been done before in the rural area, beyond the Scenic
Streams Overlay District.
Mrs. Thomas said this is why the area is unique. It is the only area in
the County that is in a Scenic Streams Overlay District.
Mr. Cilimberg said the action of the Supervisors relating to the Scenic
Streams Overlay District was important, and it meant a lot to that particular
area at that time, because of intrusions into the scenic stream. There are
probably other levels of planning that could be considered for that area,
although he could not say what they are at this time. If it is something the
Supervisors want the staff to do, then it will be done. This should probably
happen in the Comprehensive Plan~review process, when this area can be
considered as a unique area with unique planning, beyond what is currently in
October 4, 1995 (Regular Day Meeting)
(Page 11)
0000 1
place. Whether or not the paving of roads actually spurs additional develop-
ment activity is hard to say. It seems that development activity usually
spurs the need for the paving of' roads in some areas. Route 682 was a prime
example of that type of situation. Staff has never done an analysis of any
road after it has been paved to see how much new subdivision activity oc-
curred, but it is something that can be examined.
Mr. Cilimberg then pointed out some of the problems developers would
face in that area. To get to the road from much of that property would
require crossing a scenic river, and this is where the Scenic Streams Overlay
District will have an effect. Second, the topography will also be a problem,
because there is a lot of land that is either in the flood plain or in fairly
steep slopes. Just by the nature of the land, it will prevent development
from happening, beyond the type of development which has occurred throughout
the years. The type of development which usually happens in this area
involves finding a spot where a house can be built, as well as being accessi-
ble. Usually the person who builds there, wants to be away from more devel-
oped areas.
Since there were no further questions on this subject, Mr. Perkins
suggested that the Board move on to other transportation matters.
Mrs. Humphris mentioned the call she had received relating to the curve
on Lamb's Road in the vicinity of the old UPS building. She called Mrs.
Tucker about this problem a year ago, but she lost her notes, so she couldn't
remember what Mrs. Tucker had told her. Mrs. Humphris said the discussion
centered around the foliage there, and whether or not there was a possibility
of cutting it back. She asked if Mrs. Tucker has any information on the scope
of the work that is to be done in that area. Mrs. Tucker responded that the
project is in the Six-Year Plan.
Mrs. Humphris noted she thought this was just a spot improvement, and
that it did not relate to the whole Lamb's Road project. She went to look at
the area just before she went away, and it looked as though it was just a
visibility problem, due to green foliage that was growing on the bank.~ Mrs.
Tucker answered that, if this is the case, then it can be attended to rather
quickly. She pointed out that there is a spot improvement project in the last
year of the Six Year Plan, involving two tenths of a mile on Lamb's Road. She
was associating this project with the one to which Mrs. Humphris referred,
because she expects that there might be some minimal grading involved.
Mrs. Humphris said she could not remember whether or not there was
grading involved. It would be wonderful if grading was done, because taking
off some of the bank would help tremendously. She added that it seems to her
that, in the meantime, just dealing with the foliage might help with the
visibility of the westbound traffic, as it is approaching that curve. Mrs.
Tucker answered that she would examine the situation to see what can be done
now. It might be that the project can be revised in such a way that it will
not have to stay in the Six-Year Plan.
Mrs. Humphris ~sked Mrs. Tucker to inform her of what can be done, so
that she~ ~ Pass the information on to the person who called her.
Mr. Marshall asked if Mrs. Tucker has any new information relative to
the ramp coming off of Interstate 64 onto Route 20. Mrs. Tucker said there is
going to be a scoping meeting held within the next three weeks for the
extension of an acceleration lane off of 1-64 eastbound onto Route 20 South.
The acceleration lane is to be extended and tie into what is now a right-turn
lane into Piedmont College. Because of the short time before the project
begins, the Traffic Engineer in Culpeper does not want the traffic pattern
changed now, and then changed again after the project is completed. She
expects the project to take place in the Spring of 1996.
Next, Mr. Marshall mentioned at the place on Route 20 where the road
into the new high school will be built, Route 20 needs to be widened and the
curve in the vicinity of Len Hartman's property taken out. He does not
believe the road will be able to handle the school buses and other traffic.
The area is congested and it is getting more so every day.
Mrs. Tucker inquired if Mr. Marshall is saying that a four-lane section
of road needs to be provided south to where the new connector road begins.
Mr. Marshall said he does not think it is possible to build the new high
school in that vicinity without the road improvements he is suggesting.
Mr. Bowerman remarked that if this is the case, the County's primary
road plan needs to be changed. Route 20 is a primary highway, but the
Supervisors have not yet discussed highway plans this year.
Mr. Marshall said he is bringing up the issue at this point for that
very reason. He sees it as an immediate need. Mr. Tucker said the project
can be included in the County's primary road requests in the Spring to VDoT.
It will have to be decided how many lanes' are needed.
October 4, 1995 (Regular Say Meetlng)
(Page 12)
000022
Mr. Marshall stated that Route 20 needs to be widened, and there is a
very bad curve involved also. He is afraid a car will run into a school bus
in the vicinity of that curve if the curve is not straightened.
Next, Mrs. Thomas mentioned that there has been a tremendous amount of
silt and dirt washing onto Route 601 (21 curves). There is a construction
project nearby, and Bobby Shaw from the County's Inspection Department, kept
going to that site. He found that this material was not coming from that
project. Approximately two days ago, he discovered a pasture which has been
either overgrazed, or in some way become just a huge dirt field which has been
getting worse over a number of years. Mr. Shaw has identified the field, as
well as the owner, and he is going to require that immediate seeding and
action take place, of this took a lot of detective work, and she thinks
everybody needs to recognize that the County Inspections Department did a nice
job. It was a dangerous situation, but the silt was not coming from the
ObviouS'nearby construction site.
Mrs. Thomas referred to the petition relating to the Sugar Hollow Road.
She would hate for a petition to come before this Board containing 500
signatures without making a better response than was made. Staff has been
asked to look at the questions and come back with a recommendation, and she
does not want to hold a public hearing where people just express their wants
and desires. That would not get the matter any further than it has already
gotten. Some questions have been raised which she thinks are significant
enough that the Supervisors should be dealing with them.
Mr. Tucker agreed that staff can make a recommendation to the Board.
There are two issues. The first one involves the paving of the road. The
second is the issue of additional planning of that corridor, including the
stream and the road. This is a scenic corridor and some additional planning
will be required. This can be done as a specialized planning area for that
corridor, but it has never been done in the past. Planning staff will need
some direction from the Supervisors, particularly as the question relates to
the Comprehensive Plan. The road issue is on everybody's mind, and depending
on the paving, it could increase activity in that area. Sometimes it is
housing that creates the pressure for improving the road. This has not
happened to any great magnitude in that area, but it has been seen in other
parts of the County. Board members need to think about whether or not they
feel some sort of additional planning, from an environmental perspective,
should be considered. If the Supervisors want to protect the area from a
scenic perspective, then the more planning that takes place for that area, the
more it could increase activity. Board members will have to decide what they
want for that area from a preservation perspective.
Mrs. Humphris remarked that she would like to support Mrs. Thomas'
comments. She has quickly looked over the document that was presented to the
Supervisors this morning. She has also read the letter from Loretta Cummings,
who was writing on behalf of the Friends of the Moormans River organization.
She feels that since this organization asked the Board to place discussion of
the improvements for Route 614 on a regular agenda, this request must be
acknowledged, and some action taken, one way or another. She then read the
first of Ms. Cummings' suggestions relating to the removal of stockpiled
material from the banks of the river. Mrs. Humphris asked about the status of
this material.
Mrs. Tucker answered that the plan is to use erosion control measures
around the stockpile rather than have the contractor bring in loaders to
reload the material. Since the material will be used soon, it would probably
be more disruptive to relocate the material than it would be to protect it and
use it quickly.
Mrs. Humphris called attention to Ms. Cummings' second suggestion that
all grading equipment from the proximity of the river be removed as soon as
possible. Mrs. Tucker replied that this is being done.
Mrs. Humphris then read the third suggestion relating to the stabiliza-
tion of all shoulders, banks and exposed graded areas through seeding. She
said this suggestion includes the type of seed mixture desired, as well as the
notation that no fertilizer should be used in areas that will run off directly
into the river. She asked if this was being done. Mrs. Tucker responded that
the seeding took place several weeks ago, and there will be additional seeding
until further road work is done.
Mrs. Humphris said when she visited the area, there was some new grass
coming up from some seeding which had been done. It was explained to her that
the grass was not an indigenous type, and that material used for stabilization
should be indigenous material. She wondered if this has been taken into
consideration. Mrs. Tucker answered that long-term aesthetics are being
considered, as well as short-term erosion control measures by applying the
seeding mixture. The primary intent was to stabilize the grading for erosion
purposes. The same mixture was used that is used anywhere else in the County
for this same type of work. If VDoT workers had restored the road without any
discussion of paving it, the same mixture would have very likely been applied
in those locations. It is felt that this area will soon be overtaken with
wild vegetation, but the grass provides short-term matting that holds the soil
and embankments together. VDoT officials would have no problem with someone
October 4, 1995 (Regular Day Meeting)
(Page 13)
OOO013
providing a particular mixture. However, the state-approved mixture for such
areas is being used there.
Mrs. Humphris said she thinks there must be a response to these citi-
zens, but she is unsure how to handle it. Mr. Tucker said he has not seen Ms.
Cummings' letter, but there could be a staff response to some of the ques-
tions. He said Mrs. Tucker may know more information after today's meeting,
and David Hirschman's report should offer some additional help for the
response.
Mrs. Tucker said that basically, the citizens should be advised that the
information the Supervisors and County staff will receive from VDoT will be
shared with them as soon as it is received. She would also like to request a
copy of the petition and the information that was submitted to this Board
today.
~'~'~ M~. Tucker commented that a lot of the questions may have to be answered
by VDoT staff in conjunction with someone from County staff.
Agenda Item No. 8. Free Clinic/Health Department request to form a
collaborative arrangement in utilizing and expanding space at the Rose Hill
Drive facility.
Mr. Tucker said the Free Clinic, which until early September, was
located on Main Street in Sprint/Centel leased property, has temporarily
located their services at Blue Ridge Hospital while they continue their search
for a permanent location.
Now, the Free Clinic Board and the Health Department have come together
to request the Board's support for a collaborative use of Health Department
space to provide a permanent home for the Free Clinic. Dr. Susan McLeod,
Health Director of the Thomas Jefferson Health District, and Betty Newell,
Director of the Free Clinic, are requesting the Board's support for a proposed
arrangement to both share and expand the clinic space. They are requesting
the following:
Approval of the Free Clinic's use of clinic space at the health
department facility in the evenings when it is not being used for
health department functions;
Approval for adding a second floor to the one-story health depart-
ment addition (already funded in the CIP) to house the administra-
tive offices and pharmacy for the Free Clinic. The Free Clinic
would not pay rent, but by agreement would cover the cost of any
ongoing expense incurred for their space;
Approval of a $2500 appropriation from the County to upgrade the
proposed addition's foundation to support a second floor. The
City is also being asked to contribute $2500.
M~...~ucker said based on preliminary approval by both this Board and
City Council, the building will be deSigned to house a second level and the
Free Clinic will proceed with plans to raise approximately $100,000 from
various grant sources and the community to build the second-story office and
pharmacy space. Funding requests have already been submitted to the Virginia
Health Foundation for $60,000 and to the Perry Foundation for $25,000. After
funding is secured, the Free Clinic plans to come back to the Board in January
for approval prior to beginning any construction on the facility.
Staff feels that offering Free Clinic and Health Department services at
the same facility will provide program benefits to the community and facili-
tate access to health services for those county residents who are unable to
afford private health care. It also makes economic sense by taking full
advantage of county and city facilities. Staff recommends approval of the
request to support this collaborative arrangement to utilize space at the
joint County/City-owned facility and to fund the additional $2500 to provide
the structural support for the proposed second floor addition.
Mr. James B. Murray, Board member of the Free Clinic and Chairman of the
City/County Liaison Committee, was present and noted that the Free Clinic was
started by two people who came to the University from other areas, and wanted
to volunteer in a free clinic. They were astounded that there was no free
clinic, so they contacted some community leaders who mobilized forces. It has
been a very successful operation for the last three years. The Free Clinic
provides quality primary and preventive care to the people in Albemarle County
and Charlottesville who are not covered by health insurance. These are people
who do not qualify for Medicaid, and they do not have other health care plans
such as Medicare. Most of them are working people whose employers do not
provide health insurance benefits and whose wages are insufficient to afford
premiums for out-of-pocket medical fees or costs. There may be family members
who have pre-existing conditions which excludes them from group or individual
insurance plans.
Mr. Murray said that from September, 1992 until March, 1995, a total of
3251 patients were seen. The number of actual visits was 7100. Approximately
79 percent had a family income level of $20,000 or below, and it is estimated
that there are over 17,000 people in this service area who need this type of
October 4, 1995 (Regular Day Meeting) 000014
(Page 14)
assistance. Patients have been asked where they woUld go for care if the Free
Clinic were not available. Thirty-six percent indicated they would have gone
to the emergency room, and 23 percent said they would not have seen a doctor.
He believes doctors at the Free Clinic have prevented much serious illness and
may have saved a few lives by making early diagnosis of such diseases as
hypertension, diabetes, mental health disorders and infections of various
kinds. Prescriptions are filled at the Clinic's pharmacy. A national survey
has indicated that a great number of people would develop serious illnesses if
it were not for free clinics, and that expense is usually borne by the local
community in the form of taxes to other facilities. Since only primary care
is provided in the Free Clinic, many of the patients are sent to specialists
who, in most cases, provide the services pro bono in their private offices.
Mr. Murray said there are dental facilities in the Health Department
which Free Clinic supporters helped create and renovate a few years ago. The
Free Clinic is open four nights a week, 52 weeks a year. It takes 20 volun-
teers to run the clinic for one night, and approximately 40 patients are seen
at night during a three-hour clinic. The patients are examined by physicians
from the 130 Who have volunteered to provide care. This is a tremendous
community resource which now needs help from the County and the City.
The first home for the Free Clinic was the MacGregor building on West
Main Street in the City which was leased by Centel and offered to the Clinic
rent free. The space was remodeled to accommodate the needs of the Clinic,
and the cost was donated by private sources. A local architect donated
services, and local contractors provided free or reduced charge services to
renovate the facility. Sprint/Centel representatives decided not to renew
their lease with the MacGregor people this August, and it became clear that
the Free Clinic would have to move leaving behind costly renovations donated
by the community. The Free Clinic is now located in facilities at the
University of Virginia's Blue Ridge Hospital. This is only a temporary
arrangement since University officials have announced that they will be
closing down this obsolete facility.
Other locations have been considered, but a suitable one has not been
found. Thought was given to the fact that considerable sums could be spent to
remodel any facility they rented, but the Clinic could again be faced with an
eviction and the loss of the investment. With these factors in mind, and the
wonderful community support for the Free Clinic, sense and logic demanded a
permanent home. This home has become feasible through the generous, creative
efforts of Dr. Susan McLeod, the Health Director of the Thomas Jefferson
Health District. The Health Department is about to start the last phase of
the expansion and remodeling which this Board approved. The space for the
Free Clinic is desperately needed space, and the construction must begin
within the next month or two. The desired addition can take place, the Free
Clinic can be located on the second floor of the addition to the Health
Department. This would put the Free Clinic adjacent to the examining rooms
that will already be there, but they will only be used in the day time for
Health Department functions. This is a perfect match for the community.
Mr. Marshall asked if it is hard to get volunteers. Mr. Murray an-
swered, "no." There are plenty of providers. There are 130 to 140 doctors
and a lot of nurse practitioners, as well as citizens, who want to help.
Ms. Betty Newell said the two positions that are the most difficult to
fill are medical technologists and pharmacists. One of each of these posi-
tions i~. needed each~night, and there are not as many of those in the communi-
ty as there are physicians and nurses.
Mr. Marshall commented that he is on the State Board of Health. His
concern relates to managed health care, not only as to what it is doing to the
citizens of the Commonwealth, but also what it is doing to health care
professionals who are being forced to work in conditions that do not make for
quality health care for the citizens of the Commonwealth. Mistakes are being
made, and people are being hurt. The State Board of Health has decided not to
let managed health care take over the State of Virginia before the health care
professionals have some input into the type of working conditions and services
that they are going to be able to provide. The members of the State Board of
Health want to provide services that are beneficial to the citizens of the
Commonwealth and not necessarily to provide huge bonuses for chief executive
officers of health care maintenance organizations. All of the State Board
members are concerned, and they have sent out a directive stating: in the
State of Virginia there has to be a pharmacist in charge in order to get a
license. He wants to know who will be the pharmacist in charge at the Free
Clinic, and if he is going to be responsible for the mistakes that are made.
Where will the Free Clinic get its medications? How will the medications be
paid for? Does the Charlottesville-Albemarle Medical Association approve of
what is going on? Does the local Dental Association and Pharmaceutical
Association approve of what is going on?
Mr. Marshall then addressed his comments to Dr. McLeod. Part of the
discussion by the State Board of Health related to the concern of where people
will go when they are taken off of Medicaid. There is going to be a great
number of people thrown into the system, and if these physicians and other
health care providers are already working under deplorable conditions, they
cannot be expected to do more. Because of this, the State Board of Health
members feel that the health departments will have to provide services for
these people. He mentioned a situation in Danville where there is no partici-
000015
October 4, 1995 (Regular Day Meeting)
(Page 15)
pation in Medicaid~°n~'~~'~'~y~"~'~i~ns~. '~ The State BOard had to be
responsible for hiring family practitioners, as well as obstetricians and
gynecologists. He feels such demands are going to become greater and greater
on state health departments. There will be no extra space at all in the
health departments because the extra space is going to be needed to expand
when they have to take on these programs.
Mr. Murray commented that the managed care systems have sprung up as
part of the American free enterprise system. Insurance companies have decided
to offer prepaid plans that can be offered for less cost than the ordinary fee
for service plans. The Free Clinic has nothing to do with that. He is
talking about the people who can't even afford a managed care plan. He
reiterated that the Free Clinic has nothing to do with Mr. Marshall's con-
cerns.
Mr. Marshall responded that he is concerned because the health care
Providers who were able before to offer their time and efforts are not going
to be able to afford it, because they are having a hard time surviving.
Different doctors on the State Board of Health have indicated that they can do
no more free work because they are having to see more patients than they
normally would see just to survive. Even though this is a free clinic,
nothing is free anymore, and he predicts that people are going to have to be
hired to staff those positions.
Dr. McLeod said Mr. Marshall has obviously brought up some points as to
what the future is going to be for health care in the state and nation. It
doesn't look as though there will be a massive changeover from any kind of
coordinated standpoint. The change seems to relate to market forces and other
kinds of things. At the same time, there is clearly downsizing in government.
There may be the demand for government to do something, but that doesn't seem
to be the way things are going. There may be an expectation that health
departments will do certain things, but if there is less money and less staff,
they will not be able to do them. This puts the issue back into the mode of
having to look to the community for help for people who don't fit into
whatever type of program that is available, whether or not it is a private or
government program. If health departments are reduced in size, there will be
more need for free clinics. There is an abundance of professionals in this
community. Individually, some of them may see the coming years' situations
become tighter in terms of their ability to have extra time to donate.
However, now and for the foreseeable future, there certainly seems to be a
large number of people who are able to donate time. One thing that people
say, and it is particularly heard from dentists and physicians, is that they
have problems giving free care in their offices. They are much more willing
to separate themselves completely from their office practice and go to a free
clinic and donate time, when someone else is doing the arranging. The Free
Clinic has a lot of volunteers who do the nonprofessional functions. They
come in, provide the services, and then they go away. The dentists in the
community have been supportive of the project that has been done jointly with
the Health Department where the same facility is being used. The public
sector got upgraded equipment and better facilities to use by this arrangement
because the Free Clinic got a grant with which equipment was bought and put in
the Health Department building. Health Department personnel can use this
equipment during the day. Speaking as past President of the Medical Society,
the Society has supported the Free Clinic.
Dr. McLeod said the day the Board for the Free Clinic met to discuss
whether..~o, proceed with this type of option or to consider leasing space and
renovating, physicians representing both hospitals, active and retired, were
there. They unanimously supported this concept, and indicated that this is
what should be done in collaboration with the public sector and the Health
Department. She can't address all of Mr. Marshall's concerns, but she does
not see this particular arrangement is going to be impacted any more than it
would be if it was continued another way. In fact, it will probably make
better use of the facility. Whether or not taxpayers' money or charitable
money is involved, it still relates to community resources.
Mr. Marshall said he understands what Dr. McLeod said, but he disagrees
with one of her statements. The concept of the Free Clinic is not supported
unanimously among the physicians. Dr. McLeod replied that it was unanimous
among the physicians who are members of that particular Board. Mr. Marshall
said he would not be getting all the telephone calls he is getting if all of
the physicians were in agreement. Who is responsible for the malpractice
insurance for the Free Clinic? Dr. McLeod answered that, under State Law,
there is a provision for immunity for people who donate professional services
through a free clinic. Mr. Marshall asked if these people act as state
employees. Dr. McLeod explained that the state is assuming that liability
under its self-insurance plan.
Mr. Marshall then inquired as to how the Free Clinic pharmacy is
licensed. Mrs. Newell replied that there is a pharmacist in charge, a person
with 30 years of experience who is fully licensed. Mr. Marshall asked if that
person is responsible for any mistakes that are made. Mrs. Newell replied,
"yes." She noted that the Free Clinic has licensed pharmacists who are
registered with the state. Some of Mr. Marshall's employees have volunteered
their help. Dr. McLeod said the arrangement with the pharmacy is the same as
the arrangement for the laboratory. It is a licensed laboratory, and a doctor
donates his time to be the lab director. She said all criteria must be met
when there are required licenses.
October 4, 1995 (Regular Day Meeting) 000016
(Page 16)
Mrs. Thomas said the Supervisors are only being asked to approve the
strengthening of the floor of the foundation of the Health Department's
addition so a second floor can be added if the Free Clinic can get the funding
to do so. This Board is not being asked to build the second floor, and she
emphasized that a decision has to be made right away. Even if the Free Clinic
fails to get the money, the Supervisors will have allowed the Health Depart-
ment the possibility of adding a second floor. The Supervisors are not making
a decision that can have much of a down side to it, because no one has
convinced her that the Health Department will be allowed to shrink very much,
or that someone is not going to have to be giving this type of care.
Mr. Tucker said answers to Mr. Marshall's questions could be brought
back in January when representatives of the Free Clinic are planning on coming
back to this Board. By that time they should have the grant money, etc., and
they should be in a better position to answer some of these questions.
Mr. Marshall said perhaps he is doing this Board an injustice, because
he is basically using this meeting as a forum to inform the public of what is
taking place in the health care industry. He is a supporter of the Free
Clinic and the Health Department. He will support such a motion, but he
thinks that the public needs to be made aware of what health care profession-
als have to endure in this present situation. Health care, in general, is
going to deteriorate unless the public gets behind the State Board of Health
and forces managed health care to provide the proper services and not just put
money in corporate pockets.
At this point, motion was offered by Mr. Marshall to approve the request
from the Health Department and the Free Clinic to support a collaborative
arrangement to utilize space at the joint County/City-owned facility, and to
fund the additional $2500 to provide the structural support for the proposed
second floor addition.
The motion was seconded by Mr. Bowerman, who said he concurs with Mrs.
Thomas' remarks as to the issue that is before this Board today. He is
strongly in favor of public-private partnerships. This is what the Free
Clinic represents, because almost all of the labor from the community is free.
Professionals, including nurses, nurse practitioners and doctors, as well as
people who bring in food and deal with the charting of the records and share
administrative activities, are involved. Public input for this operation is
minimal, but the community benefit and the private sector involvement is
large. He thinks it is a win/win situation.
Mr. Martin said he is a suPPorter of the Free Clinic, and he has no
problem with the motion. Everybody realizes there is a group of people who
can, at this point, get free care because they can access the University
Hospital and have the advantage of Medicaid and Medicare. There is another
group of people who have access to HMO's and insurance, but there is the group
in the middle, hard-working people who must strive to help themselves. These
are the people who put health care, particularly preventive care, way down on
their list of needs. Their first thoughts are to put food in the refrigera-
tor, a roof over their heads and pay their electrical bills. What so often
happens is that those people never go to the doctor until it is too late, or
they are so sick that they can't work. This Free Clinic is providing these
hard-working people with an opportunity to have good medical care without
having to sacrifice food in their refrigerators and a roof over their heads.
Mr. Marshall said he also is a strong supporter of the Free Clinic. He
doesn't want to take anything away from the people who have organized it and
have done all the work. He knows the kind of work that Betty Newell does,
because he has worked with her on other boards. He would like to say, "God
bless the people who volunteer to provide the services to the citizens of this
community." They surely need all of the support they can get considering what
they are faced with in their professions today.
Roll was called, and the foregoing 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. 9. Public Hearing: To amend the Albemarle County
Service Authority service area boundaries for "water only to existing struc-
tures'' to include Clifton, The Country Inn (Tax Map 79, Parcels 23B, 23C 23F.
(Notice of this public hearing was advertised in the Daily Progress on
September 18 and September 25, 1995.)
Mr. Cilimberg summarized the request to amend the Albemarle County
service Authority's service area boundaries to provide water only to existing
structures at Clifton, the Country Inn. He said the Supervisors, on
September 6, 1995, agreed to hold this public hearing. The staff has accumu-
lated additional information and also had discussions with Jeff McDaniel,
Virginia Department of Health, which indicate that a complete reconstruction
of the existing system would have to be done should public water not be made
available. Considering the comments and concerns of the Department of Health,
as well as prior staff findings, staff continues to feel that this circum-
stance can be distinguished from others in this area and recommends that the
October 4, 1995 (Regular Day Meeting) 0000~7
(Page 17)
Board amend the service area boundaries for water only in order to serve the
existing five structures at Clifton.
Mrs. Mumphris called attention to the strategy policy of the Comprehen-
sive Plan which only allows changes in service areas provided the property is
"immediately adjacent" to the line. She noticed in the staff report of
September 6, where it was recommended that this request be granted because of
the public health and safety factor, that this property is located across from
Stone-Robinson Elementary School. She wondered if the word "adjacent" has the
same meaning if the property is so located. Mr. Cilimberg said the water line
actually travels on the west side of Route 729, and a line comes off of that
to serve the Stone-Robinson Elementary School. Clifton is located directly
across the road from Stone-Robinson. The intent with the Comprehensive Plan
was to make sure that new lines were not going to be run across country which
would create additional pressure for access above and beyond the immediate
needs of the"requesting property. In this case, that doesn't happen. Mrs.
HumphriS commented that she wanted to make sure this action would not set a
precedent in the future, as far as parting from the term "adjacent to."
Mrs. Thomas referred to one of Mrs. Humphris' questions, which was
included with the Board members' information, relating to the amount that it
will cost Clifton to connect to the Albemarle County Service Authority water
line. The answer to that question was $8000, and the amount that it was
costing for the proposed new water line was $32/060. Is the $8000 the total
that Clifton would be assessed, or is it an additional cost to the $32,060?
Mr. Cilimberg responded that the $8000 is an additional connection fee. There
would be a price as low as $19,500 or as high as $32,060 to actually construct
the service into the facility.
Mrs. Thomas asked if the construction fee, whatever it may be, will be
charged to Clifton, as well as the connection fee. Mr. Cilimberg answered,
"yes."
Mrs. Thomas wondered if Clifton owners would also be responsible for the
new hoOkup surcharge assessment. Mr. Brent responded affirmatively.
There were no further questions from Board members for the staff so, at
10:50 a.m., Mr. Perkins opened the public hearing.
Ms. Rae Ely, speaking on behalf of Clifton, the Country Inn, said she
would like to make a few points prior to the applicant's comments. There is
no doubt in her mind that this is an adjacent property from a legal stand-
point. Clifton representatives have spent quite a bit of time researching
this aspect because they anticipated the question. Second, she called the
Supervisors' attention to the first and second questions which were submitted
by Mrs. Humphris. The first question inquired as to the flow rate of the two
good wells, and the answer indicated that it was 12.5 gallons per minute
combined. This is an incorrect answer, because it was based on the capacity
of the pumps to pump water. If the water was there, the pumps would pump that
much water. In reality, the experts will indicate that the actual flow rate
of those two wells is less than seven gallons per minute, and probably less
than five. She asked the Supervisors to disregard that answer as being a
hypothetical response before the actual calculations had been done. As to the
second question involving the quantity of water per day that is required for
the Inn's operation, she said the answer of 3600 gallons is unrealistically
low. This does not take into account the peak flow requirements of the Inn.
She has a~ked Mr. Mitch Willey, the owner of Clifton Inn, to speak to the
Supervisors and give them an idea of how he has been moving along with his
project since he was last before this Board several years ago.
Mr. Willey stated that he and his wife, Emily, have owned Clifton for
the last twelve and one-half years. He has taken Clifton from a dilapidated,
uninhabited building to a bed and breakfast and then to a full scale inn and
restaurant. He is proud that he and his wife have had great success at that,
and have been recognized nationally and internationally. Clifton has also
been cited by magazines such as Gourmet, Southern Living, the Washington Post,
and the Richmond Times Dispatch, as one of the best inns in the country. Last
month in the September issue of a well-recognized world traveling publication,
Clifton was selected as being representative of the Commonwealth of Virginia.
Annually 50 hotels or inns in the United States are cited, with one represent-
ing each state. The historical significance of Clifton was cited, as well as
the graciousness and the level of service. Everybody would like to think that
this is characteristic of Virginia and, hopefully, of Clifton. This success
has been achieved from a lot of people's efforts, as well as the Planning
Commission and the Board of Supervisors, who have supported their efforts in
the past.
Mr. Willey said Clifton's neighbors have been supportive every step of
the way. It has been a long road, and there have been some bumps along the
way, which all small businesses experience. One difficulty has been the
chronic water quality and quantity problems that have been experienced
recently. This frustrates him, but it is none of his doing, and he can't
control the water flow or some of the problems which have been indicated in
the documentation. He has addressed the Health Department's concerns every
step of the way. He had new wells drilled, created reservoirs and built areas
with aprons around them to protect them from a quality standpoint. There has
been a rather significant cost involved in an attempt to address these
problems, and they have only been short-term solutions. Today, he is seeking
October 4, 1995 (Regular Day Meeting)
(Page 18)
0000:1.8
a long-term solution to that problem.. He is committed to a long-term solu-
tion.
Mr. Willey said Clifton brings in approximately $1,000,000 of revenues
to this County every year. He could say there is a substantial profit, but
for eleven and one-half years, he has been subsidizing Clifton, although last
year he made a $500 profit. He is convinced that he is at the turning point
to profitability and a growing business. More than 20 people work at Clifton,
all of whom are taxpaying residents of this County. He believes Clifton
brings the right kind of people to Charlottesville and Albemarle County.
These people come here, they spend their money, and they are delighted with
the experience they have at Clifton. They leave, but they come back again,
and they spend more money. He hopes the Supervisors will agree that this is
the kind of business that should be supported. Clifton is a clean business,
it adds to the historical significance of this area, and employment is
provided for'a number of people. He has appreciated the Supervisors' support
in the past, and he would appreciate it today.
No one else came forward to speak, so Mr. Perkins closed the public
hearing.
At this time, motion was offered by Mr. Martin, seconded by Mr. Mar-
shall, to grant a service area change for "water only to existing structures
(five structures: main house [lodging and restaurant]; livery building
[lodging]; carriage house [lodging]; law office [lodging]; poolside service
area [beverages and food])" for Clifton, The Country Inn (Tax Map 79, Parcels
23B, 23C and 23F).
Mrs. Thomas referred to the recommendation by David Hirschman that the
public water not be used for irrigation. The information indicates that other
water is being used at the Inn for irrigation and she wondered if this
condition needs to be included in the motion.
Mrs. Humphris agreed that this recommendation was clearly stated. It
seemed that this recommendation poses no problem for the owner, because there
is other water available for irrigation, but it is not potable water. The
idea is not to put more pressure than is necessary on the public water supply
by using it for an unnecessary use. Clifton owners cannot be held to this
recommendation unless this Board makes it a condition of approval. It was
previously suggested that this condition be included in the approval.
Mr. Marshall responded that he thinks this would be a useless condition,
because he does not see how such a situation could be monitored. County
officials either have to trust the people, or they don't.
Mr. Brent said he also read that recommendation, but he did not address
it because it didn't appear that it was going to be considered. If the
Supervisors are going to consider it, he would like to oppose it very strong-
ly. He is reluctant to get into the business of regulating the use of water
after it gets to the customer. Is it more beneficial for the people at
Clifton to water their herb garden, or for a service station owner on Route
29, North to use the water to wash down his driveway? He urged the Supervi-
sors not to get involved with such a condition.
Mr. Martin commented that this is an economic issue. If an owner has
free water with which he can irrigate, he does not think that person will pay
for public water to do the same thing.
Roll was called on the foregoing motion which carried by the following
recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(NOTE: The Board recessed at 11:00 a.m., and reconvened at 11:11 a.m.)
Agenda Item No. 10. Public Hearing: An ordinance to amend and reordain
Chapter 8, Finance and Taxation, Article I, In General, of the Code of Albe-
marle, in Section 8-1-3 to make provisions for the billing of the real estate
tax in two installments (referred to as split billing). (Notice of this
public hearing was advertised in the Daily Progress on September 18 and
September 25, 1995.)
Mr. Tucker summarized the staff's report which is set out in the minutes
of September 6, 1995.
Mr. Perkins opened the public hearing, but no one came forward to speak.
Mr. Perkins then cloSed the public hearing.
Motion was offered by Mr. Bowerman, seconded by Mrs. Humphris, to adopt
the ordinance as advertised. 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.
October 4, 1995 (Regular Day Meeting)
(Page 19)
ORDINANCE NO. 95-8(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8, FINANCE AND
TAXATION, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA
000019
BE IT ORDAINED By the Board of County Supervisors of the
County of Albemarle, Virginia, that Chapter 8, Finance and Taxa-
tion, Article I, In General, is hereby amended and reordained by
amending Section 8-1.3, as follows:
Sec. 8-1.3. Penalty; interest; date and manner of payment.
(a) Taxes due and owing to the county for real estate shall
be due and payable in two (2) installments. The first installment
shall be due and payable on or. before the fifth day of June of the
Year such taxes are assessed and the second installment shall be
due and.payable on or before the fifth day of December of the year
such taxes are assessed.
(b) Taxes due and owing to the county for tangible personal
property, machinery and tools, mobile homes and public service
corporations shall be due and payable in two (2) installments.
The first installment shall be due and payable on or before the
fifth day of June of the year such taxes are assessed and the
second installment shall be due and payable on or before the fifth
day of December of the year such taxes are assessed.
(c) Supplemental tax assessments for real estate, tangible
personal property, machinery and tools, mobile homes and public
service corporations shall be due and payable within thirty (30)
days of the billing date.
(d) A penalty equal to ten (10) percent of the amount past
due shall apply on all taxes remaining unpaid after the due date.
(e) Interest at the rate of ten (10) percent per annum
shall apply on all taxes and penalties commencing the first day of
the month following the month in which such taxes are due and
continuing until paid.
(f) The provisions herein are in no way intended to alter
any other provisions of state law or county ordinance, the subject
of which is not specifically addressed herein.
(g) Nothing in the provisions of this section shall be
construed to prohibit the payment of the whole of the taxes levied
by any taxpayer in one (1) sum at any time, provided that any
penalty and interest that may have accrued on the whole or any
part thereof at the time of payment shall be paid therewith°
State law reference--Similar provisions, Code of Va.,
58.1-3516, 58.1-3916.
Agenda Item No. 11. Public Hearing: To consider a proposed LEASE
AGREEMENT by and between the County of Albemarle and the Crossroads Waldorf
School for property known as the old Crozet Elementary School located on Route
810 in Crozet. (Notice of this public hearing was advertised in the Daily
Progress on September 25, 1995.)
Mr. Tucker summarized the staff's report which is set out in the minutes
of September 13, 1995.
There were no questions from the Board members for the staff, so Mr.
Perkins opened the public hearing.
Mr. Tom Loach, a resident of the Crozet area and President of the Crozet
Community Association, handed a packet of materials to the Board members
before he started his presentation. Before the Board makes a decision on the
Lease Agreement, he thinks there are several important items to be considered.
In 1985, the population of the Crozet Growth Area was 1575 people. By 1990,
the census population of that same area was 1733. Since 1990, this Board has
approved enough housing to increase the population by an additional 1796
people, which will double the population of the Crozet Growth Area. Using
build-out projections for the Crozet Growth Area supplied by County planners,
population will grow to 10,413 people, or about one-quarter the size of the
City of Charlottesville. He called attention to several letters. First, a
letter from Donna M. Selle, Director of the Jefferson-Madison Regional
Library, in which she outlines a dramatic increase in usage of library
services in Crozet, but also its present deficiency. With regard to library
services, Mr. Loach commented that the Northside Library has approximately
three times the number of volumes found in Crozet. The Crozet Branch Library
has approximately 25,000 volumes, and Northside has approximately 75,000
volumes. Residents near the newly planned high school will be able to use the
library which will serve both the school and the community, but this, unfortu-
nately, leaves the students and residents of Western Albemarle with inadequate
library services.
October 4, 1995 (Regular Day Meeting) 000020
(Page 20)
Mr. Loach referred to the second letter from Steve Braintwain, the
Principal of Crozet Elementary School. This letter outlines the social needs
of the student population of the Crozet Elementary School and indicates that a
satellite facility might better serve the needs of the community's school
children. School children are not the only ones who would benefit from County
satellite services. According to Hunter Craig, developer of The Highlands in
Crozet, as many as one-third of the new homeowners buying in Highlands are
retirees. If this trend continues with the other developments planned for the
Crozet Growth Area, the fact that County services are in close proximity will
not only attract more people to the Growth Area, but it will eliminate the
need to drive into Charlottesville for services. Both of these letters are
dated in 1993 and were part of the input into the Crozet Community Study. It
should also be noted that despite this input, there have been no changes since
the letters were sent. With regard to the situation at the elementary school,
Mr. Loach pointed out that the current school is already overcrowded with two
trailers, and even with the planned expansion, it will not be able to accommo-
date all of the children resulting from the additional population which will
occur. It is still uncertain whether the land in question might be needed to
meet the educational needs of the growing Crozet Community. As late as
September 14, 1995, at a meeting of the Crozet Community Association, Superin-
tendent Castner was asked about this problem. He said the Superintendent
responded that school officials were still working on a solution.
Mr. Loach noted that there are no facilities available in western
Albemarle similar to the Teen Center that the Board funds for residents in the
suburban ring. He has included excerpts from the County Facilities Plan in
the Board members' handout, which outlines the need for police protection.
This plan calls for a location to be in one of the Growth Areas, and calls for
usable area for a substation to be a minimum of three acres. There has been
trouble finding a spot for the one officer who covers all of Western Albemarle
at this time in Crozet, and when the projected population is reached within
the next five years, there will be a need for more than this one officer.
There have already been complaints about the inordinate amount of time it
takes to get officers to Crozet if there is a problem. He believes the
Western Albemarle district has the longest response time in the County. The
recommendation is to monitor the need for a substation in Sector B and
construct a facility when appropriate. His recommendation further states that
a location in the Crozet Community would hold the best potential to serve this
area.
Mr. Loach emphasized that the Crozet Community has to be viewed in the
future as a community of 5000 to 10,000 people and the services that they are
going to need have to be taken into consideration. He called attention to the
last page of his handout which listed recommendations from the County Facili-
ties Plan. The first recommendation is to conduct a feasibility study on
providing public services. The second recommendation indicates that the
County should maintain the old elementary school as a public building for use
as a school or for other public uses as necessary. Mr. Loach indicated that
the third recommendation mentions constructing a police substation in the
Crozet area. The issue now relates to what role the old elementary school
plays in the future needs for community services, not only for Crozet, but for
the whole Western Albemarle area. With regard to using the old school as a
place to house these facilities, it is County policy to use County-owned
property whenever it is available. While there is some County-owned land
behind the new elementary school, this would entail having a steady flow of
traffic moving directly adjacent to the school playground, which would
probably not be acceptable to the community. This leaves the old school as
the only County-owned property in Crozet. Mr. Loach said he would like to see
all of these services placed in Crozet. From a historical perspective, it was
the Crozet Women's Club which started the first lending library in Western
Albemarle. A good library would carry on an educational tradition in Crozet
which spans almost 70 years. It would also be an asset to the commercial
downtown area of Crozet, as many people who use the library would also do
their shopping in the downtown area. Augusta County and the City of Staunton
have already converted several old school buildings to libraries. Fluvanna
County has used the old school for not only a library, but also for an office
for their Parks and Recreation Department, as well as MACAA and several other
County service offices.
Mr. Loach reminded Board members that with the rapid increase in the
population of Crozet and Western Albemarle, the need for these services might
very well happen within the time frame outlined in the terms of the new Lease
Agreement. Other services, such as a new library, in addition to school
space, fall under the category of here and now. The question relates to what
plans are to be made for the future and how, and more importantly, will the
County meet the needs for an expanding population that has already been
predetermined by this Board through its approval of multiple developments. If
County officials have a plan to supply library services to the students and
residents of Western Albemarle, and the old school plays no role in providing
for these services, then they should sign the lease. If County officials have
a plan to answer the overcrowding and the potential increase in students at
the Crozet Elementary School, and the old school plays no role in providing
these services, then they should sign the lease. If County officials have a
plan to provide for additional police protection for the Crozet Community, and
the old school plays no role in providing these services, then they should
sign the lease. If County officials have a plan to provide services for its
youth and senior citizens in this community, along the same lines as it does
for the communities in the service ring, and the old school plays no role,
October 4, 1995 (Regular Day Meeting) 00002~
(Page 21)
then they should sign the lease. However, before the lease is signed, he
would like to hear the plan.
Mr. Christopher McQuail, Vice Chairperson of the Crossroads Waldorf
School, as well as a professional engineer in the community, mentioned that
the Crossroads Waldorf School officials are aware of the Crozet Community
organizations' concerns. He said this private school provides the most viable
alternative to the use of the building as it stands. He also is aware that
the Albemarle County School Board considered alternatives before the new
Crozet Elementary School was built, such as renovating the old school. From
an engineering standpoint, typically the funds that it would require to
renovate a building could be equal to or greater than constructing new
facilities, although he is not sure if people in community organizations are
aware of this fact. That was why the decision was made to build the new
school. The end result is to have an old building that has been renovated
rather.than a new building. The school, in its present form, fulfills a lot
of the private school's needs. The wood floors and the wood paneling are very
much appreciated. Part of the Crossroads Waldorf School's approach to
education is to have these type of things whenever they are available. The
people involved with the private school greatly appreciate the use of the
building and the access to the community. Many people have moved to the
Crozet Community just to be in close proximity to the school. His school is
currently educating 105 students who would otherwise be in the Albemarle
County School System. It is an additional benefit to the County not to have
to educate or provide the funds and resources necessary. The private school
has been a good neighbor, and he is very pleased with the situation at the old
Crozet School.
Mr. Marshall said he has met with Rick Huff, Deputy County Executive,
several times on this subject over the past four years. He understands Mr.
Huff thinks there is a future need for this building in the Crozet area. Mr.
Marshall said if the County is going to need the building, then it needs to be
kept in the County's inventory. The cheapest way for the County to keep the
building in its inventory at this particular time, when there are no funds
available and there is no plan, is to sign the lease. Perhaps a planned use
can be developed for the building by the end of the three-year period, at
which time the County can take over the. property. If the property is simply
abandoned without signing the lease, then it is not known when the funds will
be available or if the property can be used by the County. He does not want
the property to deteriorate, and that is why he is recommending that the lease
be signed.
Mrs. Humphris remarked that from everything that she has heard, the
Crossroads Waldorf School has been an excellent stewart for the building. It
is clear that these school representatives obviously care and appreciate the
use of the old Crozet Elementary School. She does not think anybody ever
intended that this was going to become a permanent use. It is a good thing
that the Crozet Community Association, by way of Mr. Loach, has brought~ this
matter to this Board's attention. The Supervisors should be cognizant, as
they work on the County's capital plan, that a timetable needs to be estab-
lished as to when various things will need to be done, most particularly
pertaining to a library and overcrowdedness of the new elementary school. The
three-year lease is a good thing, because it gives everybody planning time.
County officials need this time, and the private school representatives need
it. Working together cannot accomplish anything but good results.
At this time, motion was offered by Mrs. Humphris, seconded by Mr.
Marshall, to enter into a lease with Crossroads Waldorf School under the
following conditions:
1. A~nual Rent shall begin at $28,254 annually multiplied by
the Consumer price Index increase for 1995-96. This amount
is the rental amount agreed upon for 1995-96 and shall
increase by the CPI for each year of the lease.
2. Term of the lease shall be the same as the prior lease
reflecting a three-year term with two additional one-year
periods. The County shall have the option not to renew at
the end of the initial three-year period.
3. Maintenance. The County will be responsible for all repairs
over the $1,500 per repair and $5,000 in any one year. The
County also agrees to repair/replace the roof as necessary,
repoint failing brick, pain the exterior of the building as
necessary, and patch the parking lot and entryway as needed.
Mr. Perkins said he agrees with what has been said. However, it is not
that there is no plan, but it is that some of these things are premature. He
agreed with Mr. Marshall that having a vacant building would be the biggest
mistake that could be made, and he pointed out that the property is large
enough that there could be joint uses made of it. Possibly there could be a
library built there, as well as having the Crossroads Waldorf School still
rent the existing building. He feels that the best thing to do at this time
is to continue the lease.
Mrs. Thomas said she is going to be annoyed if, in three years, these
questions have not been resolved. It is not going to be fair to the private
school representatives to wait three years and then begin addressing the
October 4, 1995 (Regular Day Meeting) 000022
(Page 22)
questions. In fairness to the school, and in recognition of the County's own
obligations, these questions need to be addressed once this type of growth has
been approved for that area, Mrs. Thomas said she has ridden around with a
police officer in that area. A satellite office would be better than perching
on the bumper of a fire truck. That is what is being done now through the
generosity of the Fire Department. She appreciates Mr. Loach reminding County
officials that they have to start working on this matter.
Mr. Tucker said he believes Mr. Loach is referring to a general overall
plan from a comprehensive perspective which identifies that there will be
certain needs within the Crozet Community. The specificity of those plans
needs to be considered. For example, there is a shift of a library from one
location to another. These types of specific plans have not been done for the
next three years, and that is why the Building Committee limited the lease
agreement. He recalled that officials of the Crossroads Waldorf School would
have preferred to have a longer lease. It was the intent of the Building
Committee to limit the lease so specific planning could be done within that
particular area in order to make some determination as to the best use of that
school. The school system, the police,.the libraries and those types of
community facilities have to be taken into account. He is not sure all of
these facilities can be taken care of in that one location, but these are the
things that need to be considered. He agreed with Mrs. Thomas' statements,
and assured her that it is not the staff's intent to wait Until the three-year
lease is finished before the planning for this area is begun. This has to
occur prior to the end of the lease agreement so officials of the Crossroads
Waldorf School will have enough time to make other arrangements if the County
has a need for the building.
With no further comments, roll was called, and the foregoing motion
carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 12. Sandy Rives - North Fork Moormans River in the
Shenandoah National Park.
Mr. Sandy Rives thanked the Board for allowing him to speak today. He
is always pleased to provide the Supervisors information on the Shenandoah
National Park. He is going to talk about the North Fork of the Moormans
River, as well as the Park's fishing regulations. The third topic he will
discuss relates to the Old Rag Mountain issue in Madison County. On June 27
and June 28, 1995, flooding in and around the Shenandoah National Park had a
dramatic effect upon the landscape. The most severely affected watersheds in
the Park were the Staunton River, the Rapidan River and the North Fork of the
Moormans River. The estimates by the geological people indicate that this was
in the magnitude of a 500 to a 1000 year flood. The last catastrophic event
similar in magnitude was Hurricane Camille in 1969, which caused a lot of
damage in Nelson County.
Mr. Rives said he recently walked the North Fork of the Moormans River
with some of the individuals who live in the Crozet area, and they indicated
that this was much worse than the flood of 1942. The Moormans River is very
different from the Staunton River and the Rapidan River in that it is under-
lain, not by granite, but by volcanic red mud. It is not underlain with the
bedrock that is found in other areas. On both sides of the drainage from the
South Pasture Fence Mountain and the area that borders Shenandoah National
Park, there were 25 slides where the mountains came down in very large earth
quantities. When he first went out with some individuals to examine the
slides, they believed that possibly an earthquake had occurred. Some of the
slide areas are 25 to 30 acres in size, and there is nothing left. The entire
mountain came down into the North Fork of the Moormans River, and then the 16
to 18 inches of rain deposited the mountain in the Sugar Hollow Reservoir.
The debris that didn't end up in the reservoir is still on the road which
accesses some areas owned by the White Hall Hunt Club, the Jones family,
Meredith Shifflett, and others. The history of this road has been controver-
sial.
Mr. Rives said that since creation of the Park, there have been debates,
and in some cases lawsuits, over whether or not citizens had a right-of-way to
get to their properties up the North Fork of the Moormans River road. This is
a three-mile segment of road. The last lawsuit occurred in 1969, but no
resolution could be reached, so an agreement was made to disagree. The
residents would be able to use the road as long as it was there. From a
management perspective, Mr. Rives stated that the Shenandoah National Park
made a commitment that as long as possible, individuals would be allowed to
use that road to get to their properties for hunting in the fall and winter
and range feeding for cattle during the summer months. Approximately 60 or 70
cattle are in the area that is at the top of the three-mile segment of the
road. The only access now to those properties is off of Route 810, across
South Pasture Fence Mountain, from an area called Wild Cat Ridge. Park
officials have met with the White Hall Hunt Club, and the landowners in the
area. The Park Superintendent has said that for at least 18 months, until
there is some stability in the soil base and until there is some idea as to
what has occurred, the road will not be fixed. Park officials are taking the
position of encouraging these people to look toward other means of access on a
October 4, 1995 (Regular Day Meeting)
(Page 23)
000023
permanent basis, i.e. the Wild Cat Ridge area, but these individuals will be
allowed to use the Skyline Drive through an area named Black Road.
Mr. Rives said he is sorry that he doesn't have more visuals to show the
Supervisors, but this arrangement in dealing with the landowners involved has
been satisfactory. They can get their cattle out, because the cattle were in
that area when the flood occurred, and they will be able to hunt because they
can come through Shenandoah National Park. Park officials have also talked
with the wildlife representatives, and hunters will be allowed to shoot deer
and carry them out through the Park. A permit process has been worked out for
this type of thing. He wants the Supervisors to understand that, at least for
the moment, Park officials are not going to fix that road. The residents
cannot fix the road. The question is still there, and it will have to be
determined who owns the road and who has the ability to use the road. As far
as the amount of mountain that is laying on the road, geologists believe the
mountain will continue to come down if this soil is again disturbed, and it
will end up in the Sugar Hollow Reservoir. There is an 18-month agreement,
but the residents have been encouraged to consider other ways to get to their
properties. He told the residents he can't imagine that Park officials would
have workers take a bulldozer into that area. An environmental assessment
will have to be done, and while it is a very rough hike, he invited interested
Board members to come and look at the three-mile segment.
Mr. Rives it is a very interesting geological event that occurred. For
safety reasons, the area was closed to the uses that are listed on the signs
posted there. The initial reaction was to close the area entirely but Park
officials feel it is not unsafe for individuals to go to see the area during
the day or during inclement weather. Vehicle access is impossible, and it is
unsafe for horse travel because of the amount of debris on the road. There is
no fishing because there are no trout left. That population was completely
eradicated as a result of the flood. Park officials want to give that
particular drainage area at least until the spring before reopening Even
though biologists are saying it makes little difference whether individuals
are putting their fishing poles into the water or not, with fishing season
closing in the Park within a couple of weeks, Park officials did not want to
reopen the season and then close it again in two weeks. There have been some
enforcement problems with mountain bikes, so a ranger has been stationed there
on weekends to keep mountain bikes out of the area. The safety factor is
something that Park officials really want to stress, and he pointed out that
mountain bikes are not legal in the Shenandoah National Park.
Next, Mr. Rives talked about Shenandoah National park's fishing regula-
tions. Presently, the Park has a season which begins in March and ends in
October. In general, state regulations have been followed in regard to
fishing within the Park. On July 1, 1995, the State of Virginia went to a no-
fishing season, and he explained that fishing can be done for trout all year.
Park officials have spent three or four months discussing this issue with
biologists, and there has been a good deal of debate within the fishing
community as to whether or not state regulations should be followed. Park
officials are now proposing to Congress, as well as the regulatory reform
people, that Virginia's regulations be followed. It is much simpler to do
that than for the Fish and Inland Game Commission to have different regula-
tions inside and outside of the Park. More importantly, Park officials
believe it does not affect the fishing community. A proposal will be made by
the time the Park's fishing season opens in March. Hopefully, by July 1,
1996, th~.~Park will be permitted to change its regulations to those of the
state. Park officials are informing the public of this change and unless
there is an absolute willful violation by a person who is continually trying
to fish within the park, only an educational enforcement will be done at this
time.
Mr. Rives then mentioned that there has been a lot of publicity on the
situation at Old Rag Mountain in Madison County. Park officials have been
asked by Congress, as well as the residents who live at the base of Old Rag,
to try and bring some order to the chaos that occurs there during the month of
October when as many as 1000 people try to climb a winding, narrow trail to
the top. People are parking their cars anywhere they can put them, and they
are doing a lot of damage to the trail, as well as abusing the property of
private citizens who live there. Because of this, a parking lot has been
leased at the base of Old Rag which will hold 300 cars. When the parking lot
is full, no more people will be allowed to park in that area. Hopefully, a
major enforcement situation can be avoided such as a person who might say that
they have driven a long way, and they are going to climb Old Rag anyway. The
parking lot solution is only a test, and it only applies on weekends. Park
officials are not trying to discourage use of the Park. There is only one
trail, it is six miles long, and everybody wants to hike it. There are
another 500 miles of trails in the Park that nobody wants to use. It would be
helpful if this use could be dispersed. There are some magnificent areas in
Albemarle County, as well as Greene County and other areas, which could be
hiked. These areas are just as accessible, but publications for the last 20
years have been pushing people to climb Old Rag Mountain, and that is where
they all want to go. Every University of Virginia student in the spring wants
to climb Old Rag Mountain, and so the same problem is there during the month
of May. Park officials have even received some criticism relating to the
parking lot test. Something has to be done to resolve the issue.
Mr. Rives next returned to discussion of the Moormans River. Park
representatives have gotten a lot of letters and calls from the Friends of
October 4, 1995 (Regular DaY Meeting) 000024
(Page 24)
Moormans River organization to try to influence the Board of Supervisors about
what to do about the road that goes to the Moormans River. While Park
officials certainly appreciate the scenic quality of the Moormans River, the
area is outside of the Shenandoah National Park, and it is the Supervisors'
decision. Park officials do not want to get into the middle of this argument.
If the Supervisors would like for Park officials to provide some advice, this
could be done. If there is some reason for the Park officials to get in-
volved, they would be glad to do so. However, he has not seen the need to get
in the middle of this issue. He stated that he would be glad to answer any
questions.
Mr. Perkins remarked that the Supervisors' biggest concern was the Park
officials' position on improving the Sugar Hollow Road. Mr. Rives responded
that there are numerous areas that access Shenandoah National Park which are
unpaved, and they receive a good deal of use. The fact that the roads are
unpaved doesn't seem to limit their use. After the assessment of the North
Fork area is finished and it stabilizes, an attempt will be made to create a
trail in that area, if something cannot be done with the road. He thinks it
is a safety consideration, and he is unsure if it will have an impact on the
Park, other than the safety aspect for the citizens there. The use there will
probably continue. The information that he has is that Shenandoah National
Park officials really have no position one way or the other as to whether the
road is paved.
Mr. Perkins said the material in the Reservoir is from the Park. Mr.
Rives said at one point, the manager of the Reservoir had suggested crushing
the rocks so the Park workers could use them to rebuild the road, and he
encouraged the Supervisors to go to this area and view the situation. It is a
major event, and something that will be a long time changing. He wants to
continue work with the Rivanna Authority on trying to do something about the
amount of siltation because there are tons and tons of debris. It is not the
type of debris that can be easily stopped, because it is just silt. He thinks
that 40 percent of the Reservoir has this type of mud in it. The big things,
in a lot of ways, are easier to deal with than trying to deal with silt. This
is why Park officials are concerned about digging up the area to recreate a
road. He understands that the citizens want to get back to their properties
rather than having to build another road from Route 810. He said that a road
from Route 810 already exists.
Mr. Bowerman inquired if it would be better to access this area by way
of Skyline Drive or the Reservoir, if a person was walking. Mr. Rives
answered that the easiest way is probably by way of Skyline Drive from Black
Rock. People can reach the headwaters, and then they can walk directly down
to the area. This would not be an uphill walk, and somebody could meet them
at the bottom. However, the Supervisors could certainly get an idea of the
situation without having to walk the whole three-mile segment. The mountain
literally came down approximately one-half mile into this area, and it is
clearly visible. Albemarle County is fortunate that the rain stopped when it
did. In Madison County, the rain didn't stop, and it really caused much more
property damage in both Madison and Greene counties.
Mr. Marshall referred to his earlier comment about the next storm that
is supposedly going to hit Albemarle County. He asked if Mr. Rives thinks
that storm will cause a lot of additional damage. Mr. Rives replied that Park
officials believe the North Fork of the Moormans River is the most vulnerable
because it still has siltation that didn't wash out completely° On the
Staunton River there is a fairly large dam of old trees that Madison County
officials are concerned will come down after some of the restoration has been
done. Geologists are saying that if the 18 inches didn't bring the trees
down, then they probably will stay secure. However, any rain of 13 or 14
inches is going to bring more siltation into the Reservoir. As the Rivanna
Authority starts to spend a good deal of money there, the problem of how to
handle the debris will have to be resolved. This type of debris is hard to
stop, and he pointed out that siltation fences will not stop that mud.
Mr. Perkins mentioned the areas that were defoliated by the Gypsy Moths
and, because the trees were killed, there were no live root structures holding
the soil. He wondered if there was any connection between this situation and
the landslides. Mr. Rives answered that Park officials received a lot of
questions on this, and it is a good question. The North Fork of the Moormans
River did have some Gypsy Moth damage, but most of the slides occurred in the
hemlock community. Neither Park officials nor the geologists who did the
geologic survey, believe this had any effect, but it certainly has been
suggested.
Mr. Tucker asked if the hemlocks had been affected by aphids. Mr. Rives
replied that the hemlocks have certainly been affected by aphids over the
years, bUt Park officials believe the magnitude of the water caused the
slides. There were areas near the Skyline Drive where it looked as though
there were four or five inches of water on grassy areas. That water was
running down these areas as though someone was throwing buckets of water on
them rather than rain drops. Massive amounts of water were involved. He
thinks the forecasting ability of the weather people really helped. During
the morning hours, Park officials were getting calls from the weather service
telling them to get people out of the Park even before the rains started. He
thinks this saved a lot of people who could have had problems.
October 4, 1995 (RegUlar Day Meeting) 000025
(Page 25)
Mrs. Thomas asked about access to the South Fork Moormans River, as far
as hikers are concerned. Mr. Rives answered that the South Fork is still
accessible. The rain was very much localized in cells, and Park officials can
still drive down the road from the Skyline Drive to the Reservoir. The Park's
review indicates that there are approximately 30 miles of trails damaged out
of 500 miles, so that is not a major impact to the Park. The three-mile
segment of road up the North Fork of the Moormans River road poses the biggest
problem, because the land record issue is one that has never been resolved.
He wishes the problem could have been resolved in the 1940s, because now it
has to be resolved, and nobody wants to spend a lot of money. For instance,
the White Hall Hunt Club doesn't want to sue the federal government over the
access. However, that the Park records seem to indicate that the access was
by use, and there is no prescriptive use in federal law, He thinks the common
sense approach to the situation is not to rebuild the road. This is the
feeling he gets when he walks the road and looks at it especially if there is
another accessl '
There was no further discussion of this subject.
Agenda Item No. 13. Human Services Plan.
Ms. Roxanne White summarized the staff's report, saying it has been
proposed that an expanded human services element be incorporated into the
1996-2001 Albemarle County Comprehensive Plan to serve as the County's
strategic plan for the assessment, prioritization and delivery of human
services for the next five years. A document entitled "Albemarle County Human
Services Plan" was developed to provide the basic human service goals and
objectives for the Comprehensive plan, as well as, to serve as a stand-alone
document to be expanded at a later date with implementation actions, if the
document is approved by the Board and the Planning Commission.
This plan was developed over the past year by a core planning team
assisted by several other teams of community participants. The teams were
comprehensive in their review of community needs, although the document
targets only the major goals, objectives and strategies on which the County
should focus its energy and resources in the next five years. The plan does
not presume to cover all of the human services arena, nor does it attempt to
address all the concerns of special segments or populations of the County.
What it attempts to do is to provide a starting point so the County can begin
to develop a better process for assessing human service needs, determining
priorities, delivering services and for evaluating the impact of those
services on the community's long-term goals.
If this plan is eventually approved by the Board and incorporated into
the Comprehensive Plan, it will chart the course for the County's human
services and will provide direction to both staff and the Board in allocating
resources to achieve community goals. She said this is the Supervisors'
opportunity to review the plan and ask questions, as well as to make revisions
and suggestions. If the plan is found to be acceptable, it will become part
of the Planning Commission's review, and go through the public hearing
process.
Mrs. Humphris inquired as to how much the Supervisors should work
through the plan at this point. Mr. Tucker said the Board will get another
opportunity to review the document when it comes back as part of the Compre-
hensive Plan. At that time, the public will have had a chance for some input.
Ms. White said if Board members have concerns about the plan, since it
is being forward to the Planning Commission, it would be good to hear about
them now.
Mrs. Humphris said she has no major problems with the plan at all. She
thinks it is excellent, but by the time she finished reading it one time, she
felt overwhelmed. There is a lot of redundancy in the plan. She is unsure if
this is a problem or not. Most of'the ideas are great and well-grounded.
Mr. Bowerman said there are many elements in this plan which are similar
to work that has been done in the community on the issue of sustainability.
It almost seems as though one has been lifted from the other. Between certain
areas with the sustainability project, there were also overlaps. He can
understand how this can happen when different groups are working on the same
plan. He reiterated that it is amazingly close to many of the things dis-
cussed concerning sustainability.
Mrs. Humphris said she has only one item she would like to discuss
today. She was interested in the phrase, "dual parents" instead of "two
parents". She thinks a family is either a one-parent family or a two-parent
family. She also called attention to the statement under Number Six on Page
21 of Albemarle County's Plan. This statement would have caused some discus-
sion at a business round table she attended in Lynchburg this past Monday.
There was a huge round table of business people including manufacturers,
bankers and accountants who had gathered to tell the Advisory Commission, the
Governor and the Secretary what part they would be willing to play in Welfare
Reform initiatives. The sixth statement on Page 21 of this Human Services
Plan indicates: "to enable families to be self-sufficient, community resourc-
es must be directed to job training and job development, as well as economic
development that will encourage higher paying employment to families."
October 4, 1995 (Regular Day Meeting) 000026
(Page 26)
Mrs. Humphris said the business people at this meeting implied that
local governing bodies should not worry about job training and job develop-
ment. These people indicated that they would do that. They have the jobs,
and they ask only that the people who apply for those jobs have a high school
diploma or a GED certificate. They requested that applicants be able to read,
write, spell, as well as do basic math, and analyze problems. One man who
owns a construction company said he even went to the Hampton Roads and Newport
News areas to hire people for well-paying jobs. This man indicated that he
needed welders and employees who could run heavy-duty construction equipment,
and he could not find them in the entire Lynchburg area. This company pays
very well, but company representatives came back without hiring anybody.
Another man, who owns a manufacturing plant, indicated that he had added 20
new jobs to his payroll. This man stated that in filling these 20 jobs, he
had hired more than 120 people who had cycled in and out and would stay a
couple of days, not like the work and then leave. This particular gentleman
remarked that this problem relates to a matter of attitude and a matter of
discipline. Mrs. Humphris went on to say that certainly good jobs and job
training are needed, as well as job development. She emphasized that employ-
ers are indicating that the young people need to be educated enough to come to
work on time and be job ready. The business people indicated that they would
train the young people if they are thus prepared.
Mr. Marshall said Mrs. Humphris' remarks deal with a subject which he
and Mr. Tucker have been discussing for a long time. The business community
needs to get involved in this process.
Mrs. Thomas said this Human Services Plan is very timely because as the
Federal Government cuts back on its funds, a lot of things are going to have
to be picked up by local governments. This plan will be invaluable in the
future. The emphasis on prevention and comprehensive programs is very good,
but it is also expensive. County officials must realize this, if they are
truly going to take that as a priority. She personally thinks that approach-
ing things regionally is a good idea. She is the only member of the Board of
Supervisors to set as a member of the City's Social Development Commission,
which she did for a year and a half. This was a Commission trying to find a
purpose. She has mixed feelings, but she likes the way this Plan is set up as
a short-term ad hoc committee in the beginning, and then in order for it to
continue, this Board will have to be kept informed. She thinks the plan has
value, but she would hate to see a permanent Board set up which would go
through the same thing the City's Commission went through. She definitely
liked the emphasis on neighborhoods, but she thinks that care needs to be
given not to equate race with being at risk. This is a terrible stereotype
which she does not want to appear in the plan. The plan speaks to help for
minorities which is needed for some reasons, but that is not the same as help
for at-risk children, and it shouldn't seem to be so. She liked the emphasis
on police and safety because not all Plans include that. She was at a
conference recently where it was pointed out that people were most disturbed
in their neighborhoods when they feel that there are crime problems. Involv-
ing, assisting and coordinating private efforts is good, but nothing in this
plan should imply that government is going to take over the problems and solve
them. She thought this matter was handled well in the plan.
Mrs. Humphris said she thought it was particularly good that it was
mentioned in the document that the government's responsibility needs to be
defined, as well as how far that responsibility goes. This is going to be a
difficult task, as the responsibility begins to fall on local government.
Agenda Item No. 14. Other Matters not Listed on the Agenda from the
BOARD.
Mr. Tucker said VACo's annual Conference will be held in early November.
The name of the Board's voting delegate, as well as an alternate delegate,
needs to be sent in.
Mr. Perkins inquired if Mrs. Humphris and Mrs. Thomas would be willing
to be the voting delegate and alternate, respectively, at the November VACo
Conference. They both indicated that they would do so.
Mrs. Humphris mentioned the bulletin entitled "INFORMED". She asked the
meaning of #10 on page 2, "If this recommendation passes, the Virginia Office
of EMS is disbanded." Mr. Tucker replied that staff will get some informa-
tion, and bring it back to this Board.
In reference to the legislative resolutions from the Farm Bureau, Mrs.
HUmphris suggested the Board respond to the four local measures.
Mrs. Humphris said in reference to the letter from Foxfield Races dated
August 27, 1995, mentioning the volume of complaints she had received, she did
not know she was involved since she has merely been passing on what citizens
have told her. She has just seen the letter.
October 4, 1995 (Regular Day Meeting)
(Page 27)
000027
Mr. Ron Keeler was present to mention a scheduling problem with Mt.
Ararat Masonic Lodge at Keene. They obtained a special use permit in 1993 to
build a meeting hall. That permit expired in August. They came in to get a
building permit on September 26, 1995, and where advised that the special
permit had expired. September 25 was the deadline for filing for a special
permit, and they immediately filed on September 26, the day after the dead-
line. Because the Board will only meet once in December, and while it would
only be a month's delay on the Board's schedule, it could mean two or three
months delay to the Lodge. Staff is asking that the Board allow it to accept
the special permit request under the September 25 deadline.
Mr. Marshall said that is what he would like to do. There were no
objections.
Agenda'Item No. 15. Executive Session: Personnel (Interviews for
Boards and Commissions.) At 12:25 p.m., motion was offered by Mr. Bowerman,
seconded by Mrs. Humphris, to go into executive session pursuant to Section
2.1-344(A) of the Code of Virginia under Subsection (1) to interview candi-
dates for appointment to boards and commissions; under Subsection (3) to
discuss the disposition of publicly held property; under subsection (5) to
discuss prospective businesses;and under subsection (7) to consult with legal
counsel and staff regarding specific legal matters relating to reversion and a
jail agreement.
AYES:
NAYS:
Roll was called, and the motion c~rried by the following recorded vote:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 16. Reconvene in Room 235 and Certify Executive
Session.
At 3:13 p.m., the Board reconvened into open session in Room 235.
Motion was immediately offered by Mr. Bowerman, seconded by Mrs. Humphris, to
certify by a recorded vote that to the best of each Board members' knowledge
only public business matters lawfully exempted from the open meeting require-
ments of the Virginia Freedom of Information Act and identified in the motion
authorizing the executive session were heard, discussed or considered in the
executive session.
AYES:
NAYS:
Roll was called, and the motion carried by the following recorded vote:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Docketed:
Mr. Bowerman moved to appoint Mr. Jerry Jones and Mrs. Karen Hayden to
the Library Board (it was later found that there was only one vacancy on this
board. The matter will be discussed again on another agenda.), and Mr. Dan
Maupin to the Land Use Classification Appeals Board for a term to expire on
September 1, 1997. -.
Mr. Marshall moved to appoint Mr. Jonathon Earl to the Community Policy
and Management Team (no specific term) and Mr. Marvin Hilton to the Meadow
Creek Parkway Design Planning Advisory Committee (no specific term).
The motions were seconded by Mrs. Thomas. 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.
Agenda Item No. 17. 3:00 P.M., Joint Meeting with the School Board.
Present at this time were: Mr. Madison Cummings, Jr., Mr. William Finley,
Mrs. Susan Gallion, Mr. George Landrith, III, Mr. Michael Marshall and Mrs.
Karen Powell. Absent: Mrs. Sharon Wood. Also present: Dr. Kevin Castner,
Superintendent.
Agenda Item No. 17a. Medical Plan Update/Wellness Program and Use of
Carry-over Health Care Funds.
Mr. Bob Brandenburger discussed the Medical Plan Update/Wellness
Program. He said that last Spring the mandatory health screenings were
canceled and the Boards requested staff to develop options for a more compre-
hensive wellness program for consideration. Staff has developed background
information on wellness programs and offers several suggestions for consider-
ation.
October 4, 1995 (Regular Day Meeting) O0002S
(Page 28)
One aspect of the proposed comprehensive wellness program deals with
adequate funding. Funds are available in the medical plan insurance reserve
account. Prior to 1992-93, the County's medical insurance plan experienced
significant annual increases in projected claims. These increases resulted in
higher Board contributions and higher employee premiums in addition to
reductions in benefit design. This trend reversed for the first time last
year. The County's medical insurance program ended the 1992-93 plan year on
September 30, 1993, with a reserve of $915,873. That trend is continuing in
the current year and a cumulative reserve of $2,124,415 is projected for
September 30, 1995. This level exceeds the twenty to twenty-five percent of
projected claims considered necessary.
Maintaining a minimum $800,000 (20%) reserve releases $1,324,425. Since
this reserve was accumulated through premiums exceeding medical claims, and
what the result of both Board contribution and employee contribution, staff
proposes that this "excess" reserve be used as follows:
Refund the $72.00 collected for the mandatory
health screening that was canceled
Refund two months medical insurance premium to
all participants, Board and employee, based on
their premiums paid as of June 1, 1995 $956,930
· Conduct voluntary health screenings with an
incentive for participation $184,830
· Hold the balance in a contingency for wellness
initiatives/incentives $ 55,503
· ow employees to use payroll deductions for
fitness club memberships N/C
· Establish a wellness team to develop initiatives and
incentive program for implementation in FY 1996-1997
$127,152
Mr. Brandenburger said if approved, the refunds could be paid in a lump
sum in the November, 1995 payroll.
Mrs. Thomas asked for an explanation of the incentive for participation
in voluntary health screenings. Mr. Brandenburger responded that the figure
quoted on the cover memo represented a $50 per person incentive to participate
and attend a follow-up health screening session. This is the only incentive
fee which has already been proposed specifically in the funding recommenda-
tions that were made to this Board. There could be a recommendation which
would allow a reduction in these particular people's health insurance premium
for the following year, instead of just a cash incentive.
Mr. Marshall inquired if employees had been asked if they would rather
have a refund or a higher percentage of their coverage paid for by the County.
Mr. Brandenburger replied, "no." A survey was not done because the magnitude
of the money in the reserves was unknown. Staff did not get any direct
feedback from the groups which have been given this information that the
people were looking for lower contributions.
Mr. Marshall wondered if the cash refund will be a taxable income. Mr.
Brandenburger answered, "yes."
Mr. Marshall next asked if, in view of this fact, it would not be
preferable to the employees to have a larger percentage of their insurance
paid for by the County. This would mean more money for the employee. Mr.
Brandenburger said staff could explore the best combination for employees, and
whether or not the employees could be allowed to make a choice. The finance
portion of this plan may have to be examined more closely in terms of how it
can be processed. Most of the employees seemed to be looking forward to the
cash refund.
Mr. Marshall emphasized the fact that employees would get 28 percent
more money if they did not take a cash refund. Mr. Brandenburger agreed that
employees could get more money in terms of a reduction of their insurance
premium. There would also be other avenues for consideration such as tax
deferred compensation. A lot of people like this option, when they receive a
refund, especially at the end of a calendar year. Their tax situation may
change, and they may elect to put the refund into deferred compensation.
Staff will make certain employees know their options.
Mr. Tucker remarked that one of the problems Mr. Brandenburger is
referring to is a reserve fund, and this fund may not repeat itself next year.
If employees received a reduction in their rates, they would probably expect
that to continue year after year. The County may not be in a position to
offer that again the following year.
Mr. Marshall said he understands this, but it should be explained to the
employees. Employees should be informed that they can get cash in hand in the
form of taxable income or their premiums can be reduced. If this money is
paid against the insurance premiums, then it won't be taxable income. This is
the best thing for the employees, if someone will explain it to them. He is
not implying that this should be done every year. This year the employees
could have such an option.
Mr. Bowerman explained that it could be used the following year for the
spousal portion although it would only be a one-month or a two-month reduction
of their premium. It still would not be income to the employee.
October 4, 1995 (Regular Day Meeting) 000039
(Page 29)
Mrs. Thomas remarked that this fund is largely a result of luck and
market competition. There is no way of assuming that this fund will continue,
particularly since there is not very good participation in the wellness
program. She would certainly be in favor of an incentive program and sharing
the good luck with the employees, and she wondered if one month's premium
could be shared with everybody, it could be much more profitable for employ-
ees to participate in the health screening during the second month. However,
she does not know if $50 is a sufficient incentive.
Mr. Brandenburger responded that this matter could be examined. The
larger the dollar amount, the more encouragement will be provided to the
employees. Another way to approach the issue is to look at the potential
funding of the reserve fund and further reduce it. A combination of a month
or a month and a half of sharing premiums with the employees could be consid-
ered, and this might create more incentive toward the voluntary screening. A
Wellness program'relates to'what'employees are potentially doing to further
improve their own health, which would have a positive impact on premiums, etc.
It is helpful to begin to develop an incentive program which rewards people
for making progress on certain measurements of wellness related issues~ There
is some work that has been done on this matter in some local organizations.
This is not necessarily paying people for their outcomes on a health risk
appraisal, which is a narrative document, but it also involves the measuring
of blood work and other things. This would be totally voluntary. If an
individual makes improvement from year to year, then that is where the
continuum comes into play, as far as trying to measure their progress. The
money for such a program would probably be something that could be examined
for next year. It would then be known whether or not there would be enough
funding in the program within the current reserves. If this Board wants to
increase the incentives to try to encourage participation, it can certainly be
done.
Mr. Martin said he thinks the County's money is better spent focusing on
the wellness aspect and improving employee health. He brought up his ideas
during the Facilities Plan discussions, as well as in other conversations. He
does not understand how there can be a serious wellness program in a building
with no shower facilities. If this money could be used to move forward the
Facilities Plan to put a locker room in the County Office Building, he feels
the number of people who are willing to jog to work, jog at lunch, or ride a
bicycle to and from work would increase drastically.
Mr. Brandenburger answered that participation in fitness programs
certainly has an impact on long-term health. One alternative considered was
to allow participation in some type of cost-sharing program. There are some
local organizations where the participation rate is being funded by employees,
but only 30 percent of the employees are taking part in the program. An
estimate for the cost of providing a similar program in Albemarle County, with
30 percent participation, indicated that the cost was approximately $225,000.
He emphasized that the program would still miss approximately 65 percent of
the employees. One of the issues that came up when club memberships or a
subsidy program were considered was the geographic dispersion of the employees
in the School Division. It is difficult to deal with this problem, because it
is hard for people who work in the far ends of the County to use that type of
program on a regular basis. There have been many suggestions about such a
program from people who are physically closer to the center of town. There
are other types of wellness programs along those lines which might be provided
as an alternative, but it became difficult to create such a program.
Mr. Brandenburger asked that the Wellness Team members be allowed to
take this suggestions and develop a combination of things that relate to
everybody. This information can be brought back to this Board, along with the
cost issue, which is also involved. This would be one of the tasks of the
Wellness Team, if this Board wants to support such a program.
Ms. Gallion referred to payroll deductions relative to the fitness
program, and she inquired if these deductions are made before or after taxes.
Mr. Brandenburger replied that the deductions are done after taxes are taken
out, which is similar to any other type of payroll deduction.
Ms. Gallion asked what incentive is involved with this alternative. Mr.
Brandenburger replied that some of the clubs may further discount the fee.
For example, the actual rate might be $45 per month, but a particular club
might offer a corporate rate of $30. If the County is able to guarantee a
certain number of people, and the clubs are being paid through a mechanism
other than cash, they may be able to discount the fee a few dollars per month.
In many cases, people are already participating in such programs.
Ms. Gallion wondered if the Wellness Team will consider such programs
with the fitness clubs in this area. Mr. Brandenburger responded affirmative-
ly. This alternative will be considered, although it may not be cost-effec-
tive. He cannot say any of the options are viable at this point, but there
has not been the chance to explore them in the detail necessary. Wellness
Team members will explore this option, along with others. Direction from both
Boards is needed, indicating that they would like for the Team to pursue these
types of issues.
Mrs. Thomas proposed an option of taking one month's medical insurance
premium and refunding it to employees. This could be done on the basis that
it was a matter of good luck and market competition, and not due to direct
October 4, 1995 (Regular Day Meeting) 000050
(Page 30)
action by the employees because they are taking better care of their health.
The extra money from the other month's premium could be used to increase
incentives for participation in the wellness program. She has been told that
the County will never have a good wellness program unless there is better base
line data, and the only way to get that is to get participation in a voluntary
health screening. This doesn't change anything else because the report
indicates that there will be development of an incentive-oriented wellness
program. She is making this proposal just to get the decision-making process
moving along.
Mr. Marshall said he has no objection to Mrs. Thomas' proposal, but he
would like to add that if employees are given the option to apply additional
money toward his or her insurance premium, it is tax free income, as opposed
to being cash taxable income.
· .. Mr. Martin asked if Mrs. Thomas meant for her remarks to be considered
as a motion. Mrs. Thomas answered affirmatively.
Mr. Perkins inquired if Mrs..Thomas is making a motion for all of the
requested action that is shown in the report, as well as all of the changes
that have been suggested.
Mrs. Thomas replied that she would lake for her motion to approve the
requested action of one month's refund of premiums for all of the people who
participated in the program last year, as well as the health screening refund.
it is totally unfair to charge employees for a health screening that was
canceled. She also noted that her motion includes providing for free volun-
tary health screenings with an incentive that will be determined. It will not
be less than $50.00.
Mr. Brandenburger said the Board might consider doubling the incentive
to $100. Whatever is left from the other month could be kept in the reserve
fund, until the Wellness Team comes back to this Board with other recommenda-
tions on a longer term program.
Mrs. Thomas then referred to the other recommendations, as shown in the
Executive summary, which she included with her motion.
Mr. Mike Marshall asked if an employee would get the $100 refund if he
or she attends a County-sponsored wellness program. Mrs. Thomas answered,
"no." The refund only relates to the voluntary health screening.
Mr. Brandenburger suggested that if the Board is in favor of the health
screening, then the project should be put out for bid. The Martha Jefferson
HealthWorks has provided this service in the past, but it is something that
should be explored, just to see what is available.
Mr. Mike Marshall asked if employees brought in a letter confirming
annual checkups by their family doctors, would this qualify as a voluntary
health screening? Mr. Brandenburger replied that in the past this practice
has not been supported. There are a number of components that go into a
health screening, and unless the same structure is used everywhere, the
results are not consistent. A part of the health screening is a health risk
appraisal, as well as blood work and other things. It has been found that the
ability to get consistent information from private doctors does not work very
well. He is not saying that there is a lack of cooperation on anybody's part.
It is probably something that is hard for physicians to do, particularly when
there are a lot of people involved. When doing a health screening, the data
has to be clean and consistent. If one group or individual is administering
the screening, the validity of the information from year to year is more
consistent than taking input from other places. This question was raised
during another voluntary screening where the employees were given a cash
amount if they received a good rating. Unless this idea has changed, the
Wellness Team would not advocate this practice.
Mrs. Thomas suggested that perhaps this practice be considered. In her
conversations with people in the health field, they indicated that they know
how to work with the doctors to get the type of information that is needed.
Mr. Brandenburger responded that some of the health networks may work that
way. The Wellness Team would be happy to examine the possibility of accepting
letters from employees' doctors, as far as a health screening is concerned.
Mr. Mike Marshall said he thinks that if a person's regular doctor
informed the patient that certain behavior was bad for that individual, it
would have more of an impact than advice given by a technician in a health
screening situation. If the goal is just to collect data, then the goal of
changing behavior is a subordinate one. He thinks employees should be allowed
to bring certification of their health screening from their doctors, and it
should be accepted as meeting the goal of improving health.
Mr. Bowerman said he would not have a problem with using such informa-
tion if it was standardized and correlated with the County's screening.
Mrs. Humphris remarked that she thinks this practice should be accepted,
because if it is not, it will penalize the employees who are already making an
effort to go for annual checkups. A private doctor's certification should be
accepted. A lot of people go to their own doctors for annual physical. Mr.
000031
October 4, 1995 (Regular Day Meeting)
(Page 31)
Brandenburger stated that the Wellness Team will be more than happy to explore
this possibility.
Mr. Forrest Marshall commented that this is a good idea, but he doesn't
want to cause more paperwork for the physicians. Employees could be given a
form to take to their physician with things listed that are required, and the
physician can complete that particular form. The doctor will get information
on the laboratory work from a hospital, which will also be on a standard form.
The lab form could be put with the County form, and it should serve the
purpose.
AYES:
NAYS:
Mrs. Humphris seconded the motion.
Roll was called, and the motion carried by the following recorded vote:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
me
3.
4.
5.
6.
Refund one month's medical insurance premium to all participants,
Board and employee, based on their premiums paid as of June 1,
1995;
Approve refunding the $72.00 collected for the mandatory health
screening that was canceled;
Approve a voluntary health screening for FY 1995-96 with incen-
tives added for participation;
Hold the balance of funds in a contingency for wellness initia-
tives/incentives;
Allow employees to use payroll deductions for fitness club member-
ships; and
Establish a wellness team to develop initiatives and incentive
program for implementation in FY 1996-97.
(Note: The School Board accepted the same motion.)
Mr. Finley asked if one month's medical insurance premium will be added
to the $50 as an incentive for the health screening. Mrs. Thomas answered
affirmatively. There will still be some funds left over which will be kept in
a reserve fund.
Agenda Item No. 17b. New High School Sustainability Design Project.
It was noted in the staff's report that the new high school is currently
programmed to open in the Fall of 1998. The existing construction cost budget
is $1.7 million. In order to enhance the educational goals and integrate the
highest environmental standards, the new high school would incorporate
"sustainable" strategies. This will require an increased initial capital
investment in order to research, design and include the sustainable features
in the construction. The initial capital investment would be increased by
$2.0 million. In order to allocate these funds for the maximum benefit,~the
actual research will include a cost-benefit analysis of sustainable strate-
gies. (A preliminary list of proposed strategies was attached to the staff's
report, with those that reflect a "reasonable" payback being incorporated into
the project.)
The Thomas Jefferson Sustainability Council and, by association, the
Thomas Jefferson Planning District, was asked to participate in the challenge
as a "founding leader". A founding leader is a person or group that agrees to
work with other founding leaders (businesses and other communities) to develop
ways to showcase the use of environmental technology to the rest of the
nation. One potential benefit of this program is to enhance the possibility
of technology partnerships. By making the decision to design and build a
sustainable high school, it will provide the opportunity to showcase and
demonstrate how sustainable strategies can enhance the learning environment.
In order to meet the project schedule, it is critical to make the
decision at this time. To fund this effort, a portion of the $2.0 million
must be made available with the balance to be appropriated in FY 96-97. The
decision to purchase the 107-acre site for the new high school and other
county uses has been made in the amount of $1.9 million. The existing
appropriation for land within the new high school budget is $1.5 million. The
$400,000 for the land purchase and the additional $235,000 will be coming from
borrowed funds.
In order to move forward on this project and meet the project schedule,
the Board will need to do the following:
Approve the additional funds needed for the land purchase in
the amount of $400,000 from borrowed funds.
Approve the additional funding necessary to research, design
and construct a sustainable high school. The portion of
funding required in this fiscal year is $235,000 for addi-
tional consultant services beyond what was originally antic-
ipated for design.
Adopt a resolution to accept the Environmental Technology
Leadership Challenge to spotlight this project.
October 4, 1995 (Regular DaY ~eeting) OOOO'"~'J2
(Page 32)
4. AcknOWledge that the tOtal cost for Sustainable design for
the new high school will be $2.0 million from borrowed
funds.
Mr. Tucker introduced Mr. Greg Brezinski, who is the principal architect
for the new high school. Mr. Brezinski has some comments about the status of
the new high school, and will then introduce Mr. William McDonough who will
speak regarding the sustainable design.
Mr. Brezinski said a few months ago the School Board hired his office to
perform architectural services in providing a new high school. His office
staff has been involved with this County for approximately three years; it was
involved with developing the County's new middle school. In the process of
designing a school, it is important to note that at various phases the
architects will come back and ask if they are hearing what the County wants.
The architects go back to the Boards' representatives (in this case, it is the
Learning Specifications Development Team [LSDT]). There have been 14 or 15
meetings with this team already. As this process continues, representatives
from his office check with County officials to make sure they are happy, and
that they have been provided with what they want.
Mr. Brezinski said they were asked to provide a more energy-efficient
school, and Mr. McDonough brings to the design process the insight of the
sustainability issue. If a sustainable school is designed, it will be a
different kind of school. The room where this particular meeting is being
held can be described as a traditional classroom. What would happen if this
classroom had higher ceilings and more outside light with more windows?
Imagine this room with a lot more glass and a shelf along the glass which
bounces light off of the ceiling. Now the room is bright because all of the
sunlight is coming inside. The biggest problem has been with tradition. In
the 1950s, a lot of glass was used because of low energy costs. Also, there
were no standards for lighting. Single pane glass was used, and it was hard
to heat and cool the buildings. The quality of glass today makes this a minor
component of the energy demand of the building. If outside light is let into
the room, not as much artificial light is needed. Buildings can be built so
as the natural light comes in, the artificial light decreases. As artificial
light is reduced, energy is saved twice because the light fixture is not
burning, and it is also not being cooled down. There is a huge savings in
this.
Mr. Brezenski asked the Board members how many times they have sat in
rooms where the air was blasting down on them. He suggested that Board
members think about how flexible a school would be if a floor panel could be
picked up, the wire reworked and the panel moved to another location. The
structure might be exposed so that if light is bounced off of it, it is a much
more exciting place to be. How much fun it would be if, as the sun is hidden
by clouds, the incandescent light level could change to adapt to this situa-
tion. He is talking about all of this in the context of a learning environ-
ment. He mentioned skylights in classrooms. He also referred to lighting
which allows solar energy to come in during the winter, but these same areas
are shaded in the summer so that the solar energy does not create problems to
the building. In the winter there could actually be high glass that would
collect this heat and throw it into the classroom which creates free energy.
He asked the Board members to think about a building that had enough mass so
the air can be thrown across it because the air is going to be sent across the
floor. In doing this, the building is heated up at night when energy costs
are lower and peak demands don't have to be paid. A lot of opportunities can
be discussed, but these opportunities are created by looking at all of the
issues in the context of a whole building instead of at individual issues.
Mr. Brezenski said his firm was hired several months ago to look at a
program for education. Where education is today, and where is it going in the
future? His office representatives spent many hours sitting with approximate-
ly 40 different individuals on the LSDT looking at where education is going.
They developed some goals, but he emphasized that education is a very major
component of this building. This building is designed with a learner-focused
environment where the student is first. This means that the building is
designed around the students, so they have convenience, and don't have to
travel all around the school. Such an environment creates life-long learners,
because these people graduate and want to continue the learning process. His
goal is for every student to emerge as a life-long learner, and as a contrib-
uting member to society. This will be a school which establishes high
expectations for excellence for everybody, and high and clear expectations
will be an integral part of the entire program. These were some of the goals
established on the educational side of the project. He has only touched on
these goals briefly, because he does not want to lose sight of the fact that
this building combines education and issues of sustainability.
In going through this process, the learning issue was evaluated, but his
firm was also asked to look at this building and make it a more energy
conscious building. Several options were considered. He said a typical
building burns a certain number of kilowatts per square foot, and consider-
ation was given to reducing that number. Certain energy practices can be
followed to reduce the energy demands on the building, or the entire building
can be examined. When the entire building is considered, it impacts every-
thing so the educational learning process has to be blended with sustainable
bUilding design. He reminded the Boards that this building will have a lot of
light flooding into it, so the light must be made a benefit. The issue of
October 4, 1995 (Regular Day Meeting) O000~
(Page 33)
sustainability had tO be considered for this building, but the building could
not just be designed for sus~ainability, because it really is a building for
student s.
Mr. Brezenski mentioned that a four-day, fairly intense workshop was
held with energy representatives from Virginia Power, natural gas companies
and experts who evaluate basic energy consumption in buildings. Members of
the Sustainability Team and all of the architects were involved in this
workshop, as well as representatives from County staff. The first day was a
learning and educational process where the representatives learned together
about sustainability and the educational process. For the next three days,
two options for a school were considered. He emphasized that sustainability
is not just conserving energy and reducing the building load. It is looking
at the total building so the building becomes a neighbor to the environment
and contributes to the quality of the entire environment. The members of
these two Boards are concerned about energy payback, and what can be done to
reduce the cost of energy. Consideration also needs to be given to what can
be done to increase the quality of life and the healthy environment in the
schools.
Mr. Brezenski asked what can be done in this school to preserve the
natural environment around it. Me said Mr. William McDonough will talk about
this subject.
Mr. McDonough said this is an exciting project. He will talk about the
issue of sustainability in case anyone has question about this topic. Energy
efficiency has been dealt with before, as well as such issues as indirect
quality and productivity. Sustainability puts all of these things together.
But, the work cannot be considered for a short-term agenda. There has to be a
long-term goal of designing around each generation, the way that Mr. Jefferson
designed the University of Virginia. He quoted from a letter that Mr.
Jefferson wrote to James Madison in 1789 in which Mr. Jefferson stated that
the earth belongs to the living. Mr. McDonough said he does not believe there
is a finer statement relating to the concept of sustainability, which in this
current world, came from a United Nations commission to consider how resources
are used. This commission came up with a concept that the current generation
could use resources at a rate which will allow future generations to meet
their own needs.
Mr. McDonough said this is what is being considered in designing
buildings with the long-term issue in mind. It has been discovered in this
process that problems such as health, the spread of toxic material, energy
inefficiency, and building productivity are going to be solved at the communi-
ty level. These are not things which will be solved at the level of nations,
mandates and regulations. Communities, such as Albemarle County, will have
County officials who care about these issues, and they will work with the
information they have to do the most positive and responsible thing that can
be done for the citizens. When this happens, everybody works together.
Mr. McDonough said it is a very complex design process, and it involves
a lot of different tools. Cost-benefit analysis is used quite often on those
things where dollars can be attached, for example, with energy. Studies are
done which show cost-benefit parameters, and he pointed out that a preliminary
model is being developed for the new school. Cost benefits of different
elements are tracked to get the payback periods. In commerce situations, such
as WalMart, there are usually payback periods of seven years involved, but
WaLMart's normal payback period is three years. In working with commercial
clients, the payback period is usually within five to ten years. In dealing
with a school, different periods are involved. This school building should
have a very long life, as well as potential benefits which will be quite
significant for the children in the future. Such a project becomes a serious
and positive opportunity to consider cost-benefit and payback periods. There
are other benefits which are more intangible. Productivity has been monitored
in the commercial world, and he described how it can increase from one percent
to 16 percent.
Mr. McDonough then introduced Lauren Abraham, who is the Director of
Research for his company. He was previously Director of Advanced Research for
the Anderson Corporation. He developed the skylighting for WalMart, which has
been incredibly successful. There are very few studies examining productivity
in schools. As an example, for a commercial enterprise where an office is
built, if $100 is spent per square foot on a per person basis, and the cost is
$20,000, amortized over ten years would place the spending at approximately
$2,000 per person a year. It might cost $40,000 to have that person working.
At a ten percent increase in budget, it involves one-half of one percent of a
person's time, which is two and one-half minutes per day. These two and
one-half minutes per day will have to be picked up by the company for the
employees who are going to work in a rectangle lit only by a fluorescent bulb
without a nearby window. The new office his staff is designing is beautifully
day lit, and all of the employees have access to light, as well as 32 feet per
minute of fresh air in their faces. The materials have been tested, and the
cost of the two and one-half minutes will pay for these benefits. He pointed
out that a study in 1992 by the American Association of School Administrators
showed that students in poor conditions tested 5.5 percent below students in
fair conditions and 11 percent below students in excellent conditions. He is
not talking about the difference between poor conditions and fair conditions.
October 4, 1995 (Regular Day Meeting) 0000~4
(Page 34)
Mr. McDonough said he is referring to creating excellent conditions in
Albemarle County, which can probably decreaSe absenteeism in the schools.
Thinking in terms of the County's children, it is hard to come up with a
dollar figure. He has received a letter from the Deputy Assistant Secretary
of Energy, who notes that he has confidence that a school designed with a
systematic approach to an energy environment will reduce absenteeism among
teachers and students as well as create measurably higher test scores. Mr.
McDonough also noted that he has received a letter from one of the largest
manufacturers of air conditioning equipment in the world. Representatives of
this company indicate that they are committed to developing environmentally
responsible products and systems, and as a result, have noticed the lack of
information regarding school situations. Because of this information gap,
representatives of this manufacturing company are proposing a research project
regarding sustainable energy efficient design related to schools. The issue
relates to what type of environment will be provided for the children, as well
as the value of that environment. The world is watching, as well as indus-
tries. He is not talking about a state-of-the-art building, but, instead, a
state-of-the-shelf building. There is very careful analysis being done to
justify the work. This analysis is being done on a cost-benefit basis, as it
relates to dollars, or on a quality basis, as it relates to potentials for
improved education and improved environment, as well as the idea that an asset
will be left behind instead of a liability for 50 to 100 years. The aspect of
quality has to be respected, and a signal sent to the County's children that
everybody cares a great deal about the quality of their education.
Mr. Mark Rylander said Mr. Brezinski mentioned that the last part of the
presentation would be an explanation of how educational goals and sustainable
goals will come together. Most of the information he will present is included
in the Board members' packets. He then showed the site plan, involving two
schemes, which were the product of the design that was done to integrate
sustainable aspects of the project with the educational goals. The site is
bounded by Avon Street Extended and Route 20. There is a lake on the property
and there will be a new road built to connect Avon Street to Route 20.
Mr. Marshall asked if it is definite that the road will be built at the
place to which the speaker just referred. Mr. Rylander replied that this
project is still in general orientation, and the issue of the road is still
being considered. His staff met with VDoT staff last week to discuss the
road.
Mr. Marshall said it is his impression that, at first, the road was
aligned with the main entrance to Mill Creek, but it was moved north halfway
between the entrance to Mill Creek and the Southern Parkway. Mr. Rylander
responded that the road is shown as being aligned with the entrance to Mill
Creek.
Mr. Marshall reiterated that it is his understanding that this road has
been moved further north. Ms. Jo Higgins mentioned that the first drawing
actually had the road aligned with the power easement. Now the plan shows the
road as being aligned with the Mill Creek residential entrance. The Southern
City Study, which showed the whole connector road, aligns a portion of it with
the residential entrance. The portion of the road which connects with Fifth
Street aligns with the industrial access of the Southern Parkway. The
portions of road are offset, but the next segment is the one that connects
with Fifth Street.
Mr. Marshall noted that the people at Mill Creek are concerned that this
road might direct traffic through the residential area. It was his under-
standing that VDoT officials wanted the road moved north. Ms. Higgins
responded that this was the concern when the two intersections were aligned so
that the connection went from Route 20 straight through to Fifth Street. She
indicated that this is why they are now offset.
Mr. Marshall stated that the road cannot be aligned with the Southern
Parkway, because the church owns the property across the street from it. Ms.
Higgins disagreed. The church is not directly across the street from the
proposed Parkway. She noted the road on the map, which she said aligns with
the residential entrance of Mill Creek. The next leg of the road (the
Southern Parkway), goes through to Fifth Street.
Mr. Marshall said if the road is aligned with the Mill Creek residential
entrance, traffic is going to be directed from Route 20 South directly into
the Mill Creek neighborhood. Ms. Higgins answered that this might be the
perception of this design. However, the road entering Mill Creek dead-ends in
the subdivision. The purpose of the connector road is to let people from Mill
Creek get to the interchange of 1-64. The interstate study, relative to
putting an interchange at 1-64/Avon Street, has been deferred.
Mr. Marshall said that is an issue for another time. Before the road is
built, he would like to have some input into it the design.
Mr. Rylander continued his presentation of the site plan pointing out
routes for the school buses to come to the site, and the location of the
connector road. He pointed out certain landmarks, such as the Tandem School.
Next, he showed a second scheme, directing the Board members' attention to the
bus routes, the connector road and the actual school building. The schemes
are similar, and both schemes include athletic fields for physical education
and athletics in a certain area. He noted a red line on the site plan which
OOO035
OCtober 4, 1995 (RegUlar Day Meeting)
(Page 35)
he said is a link to Piedmont Virginia Community College (PVCC). It is
uncertain at this time as to whether the linkage will be a walking trail or a
limited access road for a shuttle bus. It is very important, when going
through the project process, to have linkage to PVCC.
Ms. Powell asked the distance between the proposed high school and PVCC.
Mr. Rylander replied that it is approximately 1000 feet, once the addition has
been completed for the PVCC campus. Currently there is a parking lot in the
location of the proposed new building, and the addition will be built around
this parking lot.
Mrs. Thomas said at an earlier meeting, the high school site was shown
much closer to PVCC. She asked if this did not work out for some reason. Mr.
Rylander replied that there were advantages to locating the school in the area
to which he just referred because of infrastructure, utilities and roads. It
also worked out very well, as far as the division on the site was concerned,
for the athletic and physical education fields. This location brought the
fields closer to the gymnasium and locker room complex. There is very little
time lost because of travel times.
Mr. Perkins inquired about the connector road. He said it looks as
though it is going to be close to the high school, which will cause a lot of
extra traffic in the vicinity of the school. Mr. Rylander again pointed out
the route for the buses to come to the school. The line for the connector
road would be further down on the map.
Mr. Marshall said he is concerned about Route 20, as well as Avon
Street. He asked about the plans for the connector road. Mr. Tucker answered
that Ms. Higgins will meet individually with Mr. Marshall.
Mr. Marshall said he is going to have to meet with the neighbors in that
area. He recalled the problems when there was a plan to connect Lake Reynovia
and Mill Creek. Mr. Tucker explained that the plan being shown today has not
been finalized.
Mr. Rylander went on with his presentation pointing out the upper level
floor plan. The idea behind the scheme is that the building would be entered
on the upper level, but it would be situated on the site to accommodate a
lower level also. The upper level is shown in blue, and it would house the
music and performing arts spaces. The yellow area is the gymnasium complex,
and he pointed out the main corridor. He advised the Board members that on
the north side of the building there would be three academic houses, which
would be the areas in which the students would spend the majority of their
days. These academic houses are flexible as to how they are arranged and how
they are used by the students and teachers. There was some discussion about
trying to break down the scale of the building into smaller spaces. Two
floors are involved, but the students would not have to spend a lot of time
traveling from one class to another. The idea is to integrate the curriculum
in a certain area to allow for flexibility.
Mr. Rylander pointed out the lower level floor plan which is very
similar to the upper level plan. Again, there are three academic houses, and
he added that on the lower level there would be a commons area for dining, as
well as the gymnasium complex. He showed Board members the location of the
media center and library.
Mr. Martin asked if the entrance to the gymnasium complex is on the
upper level or the lower level. Mr. Rylander replied that the gymnasium can
be reached from both levels. The idea is that people can enter the gymnasium
on the bleacher level, or enter on the first floor level. He showed the
location of the performance space, which was included at the time the schemes
were done.
Mr. Marshall inquired if there is an outline shown for an addition to
the proposed new high school. Mr. Rylander answered that the school is being
designed for 1000 students with an expansion planned for 1500. He pointed out
the direction in which the expansion would go, and he indicated that it would
repeat the same academic house design.
Mr. Martin said there was some discussion about whether or not the
library would work if an addition to the school is made. Mr. Rylander replied
that the design of the library can very easily accommodate an addition.
Ms. Gallion wondered if the location of the library would allow more
public use of the facility. Mr. Rylander answered that this issue has not
been decided. The location of the library would facilitate public use, but it
could also be handled as internal space. He continued to talk about Scheme B,
and pointed out locations of the different areas of the school. He also
discussed the areas where daylight can enter the building, and he pointed out
the high structures and the landscaping.
Mr. Brezinski said he would like to explain how the school can become a
building for sustainability rather than just for education. He explained how
this site on the property was picked for the school by noting that overall
aerial views were done, and the site was studied from Tandem School past PVCC.
The whole system was considered, as well as how a link could be made. It is
not yet known what that link is, but it is known that making a linkage between
the proposed high school and PVCC is a very important aspect of the design.
- O000 K
October 4, 1995 (Regular Day Meeting)
(Page 36)
He pointed out that another important issue relates to the vegetation to make
sure that as much as possible of the systems that are already there are
preserved. Much of the vegetation will be new, but consideration will be
given to vegetation in detail, and its quality will be enhanced. This site
can become a learning environment for the students.
Mr. Brezenski said both buildings are graded as much as possible to
place them 15 degrees plus or minus to the north. More of the private spaces
have been located on the back side of the building, which will be the learning
spaces and classrooms. These are also the spaces which will take advantage of
the north light and the eastern light, because that is a much more friendly
environment° Once the northward location of such a building has been deter-
mined, then the educational aspect is examined. All of these things almost
dictate that the building be in this general location. The building turns
north so that advantage can be taken of the cooler light from the north. The
public spaces are faced to the north, and they can be protected during the
summer, although light floods into them. Even the building orientation begins
this process. In terms of the plan, Mr. Brezinski added that there are floods
of light coming into different parts of the building, and there are open wells
so the people downstairs can also have light flooding into the lower floors.
Light is considered as a major component of the building. The first step is a
building that responds to the quality of the light environment, the relation-
ships of the learning experience, and the spaces that need to work together.
The building also needs to create a better environment whether it is a
healthier environment, a higher quality environment, a more energy efficient
environment or an environment that is more friendly to the site on which it is
built.
Ms. Higgins stated that the sustainable design strategies proposed will
be researched, evaluated and incorporated into the project, and a decision
will have to be made about increasing the caPital expense on the project.
Board members may want to give the staff guidance on such things as a reason-
able payback period. This school is being presented as a 50-year structure,
and there have been some preliminary payback figures prepared by Mr. Mc-
Donough's group, which are in the 12-year time frame. If Board members go
forward in approving the additional expenditures, this guidance would be used
in evaluating the strategies, as the design process is followed.
Ms. Higgins mentioned that Mr. Matt Ward, representing the National Fish
and Wildlife Foundation, and Mr. Mike Collins, Project Director for the Thomas
Jefferson Sustainability Council, are present at this meeting. Board members
can ask them questions about the Environmental Technology Leadership Chal-
lenge. She pointed out that the green pages in the Board members' packets
explain the Environmental Technology Leadership Challenge. The intention
would be that if a decision is made to go forward with a sustainable high
school, then the opportunity would present itself to enhance the potential of
gaining investments or private partnerships, as the design process is fol-
lowed.
Mr. Bowerman commented that one of the advantages of the Challenge is
the opportunity to get private sector partners in this project and to let them
showcase the technology. The thinking is that there will be some exchange in
terms of reduced costs from the vendor to this community. He asked what
flexibility the school system has in purchasing which would allow the County
to take advantage of these opportunities. The private sector could obviously
take advantage of them, but the County is confined by some bureaucratic state
regulations.
Mr. Tucker answered that this topic has been discussed with the County
Attorney and Ms. Miggins. Me has been told that there will be some flexibili-
ty because this situation is different, and although County officials have
never done such a thing before, the County Attorney feels it is possible to
take advantage of some of this Leadership Challenge. It will require more
management from Ms. Higgins' staff through the overall process in working with
the vendors and the contractors, but it is possible.
Mr. Bowerman asked Mr. Ward if he would give an overview of the Leader-
ship Challenge. Mr. Ward said the National Fish and Wildlife Foundation is
launching a project entitled "The Environmental Technology Leadership Chal-
lenge.'' This is a national project which is going to promote the use of
innovative environmental technology as a way to build sustainable practices at
the local level. There is a coalition of approximately 50 environmental
technology corporations, local communities, academic institutions, environmen-
tal organizations and leaders who are going to issue a very public challenge
in January, 1996 in a series of public events to the nation's businesses and
communities to put better, faster, cheaper and safer technology to use. This
is happening because Vice President Gore, during the 25th anniversary of Earth
Week in April, issued a National Environmental Technology Strategy.
Chapter Four of this strategy has a call to action aimed at businesses,
communities and academic institutions. What happens in the streets, communi-
ties and businesses with these sustainability issues is what is going to drive
these things. A comprehensive response is being brought to action, and the
responses are going to illustrate the challenge of real world examples of how
environmental technology is protecting the environment, saving money, creating
jobs and improving the quality of life in businesses and in the communities.
Mr. Ward mentioned some of the community leaders who have gotten involved. He
indicated that they are called founding leaders, and they are: Portland,
00003'7
October 4, 1995 (Regular Day Meeting)
(Page 37)
Oregon, leaders who will i~'~'!~'~h~geUsing environmental technologieS in
their hotels; San Diego and another California community will clean up the
border region with environmental technologies; Orlando, Florida, leaders will
take the challenge to the tourism industry of Sea World, etc.; Chattanooga,
Tennessee, has a zero emissions zone and its community leaders are going to
take the challenge of using environmental technology there; and Baltimore,
Maryland, leaders will take the challenge to its industrial park. Mr. Ward
said he thinks this community, including Albemarle County, Charlottesville and
the local governments represented by the Sustainability Council, has one of
those examples that could be held up in a national way to illustrate what is
meant by using environmental technology as a tool for sustainability.
Mr. Ward said he graduated from the University of Virginia Law school,
and he worked at the Southern Environmental Law Center for three years. He
feels very fortunate to be able to be part of a community which is getting
involved in such a project. In January, 1996, there will be a series of
events in all of the cities he mentioned. There will be CEO's, environmental
groups, mayors and federal officials issuing the challenge. During the
following two years, it is hoped that 50 communities and businesses will take
the challenge. This means putting environmental technologies to use in
different projects in trying to create success stories. There will be five
regional round table discussions during those two years. At the end of the
two years, those who have taken the challenge will give their success story to
an evaluation committee of academic and environmental leaders who will verify
that the project is successful. Then, there will be a national celebration
recognizing the success stories.
Mr. Ward said that from Albemarle County's perspective, it is hoped the
County and the localities represented by the Sustainability Council will
become an official founding leader of the challenge from the founding leaders
who issue the challenge. Albemarle County officials would take the challenge
because they are going to build a high school with a sustainable design. A
challenge will then be issued to corporations and environmental groups to come
in and devote their resources and energy into making this project a success.
Currier Corporation executives indicate that they are so excited about this
concept that they want to start a whole new project around it. He has been
working with Mr. Mike Collins and other staff members who have the details on
what it means to take the challenge and what is going to happen.
Mr. Ward said he hopes the Board members today approve the County's
participation in the program as another way to enhance this project and make
it a real success. This is a great example and it can do three things. It
can create an enhanced and enlightened learning environment for the children,
and it can help the County become a national leader in talking about sustain-
ability. The word is around, but it can only be illustrated by real projects.
Third, it can embody the values of this community. This building can stand as
more than a school house. It will be a school community. He thanked the
Board members for the opportunity to explain this challenge, and he hopes he
will be working with County officials over the next two years to make this
challenge a reality.
Mrs. Thomas said she thought Point Number Four meant the County would
get access to companies and technologies at prices reflecting they regard this
project as a model that could be pointed to with pride for their own purposes.
This was not mentioned, and she wondered where this idea fits into the
project. Mr. Ward said he does not want to make promises until he knows they
can be kept. There are corporations leading this campaign. Companies such as
the Arm and Hammer Baking Soda Company, the Trane Company (heating and cooling
equipment), as well as the Home Depot, whose executives know and realize there
is a competitive advantage in leading the change in the environment. He
explained that Mr. Brian Thomas, a representative of the Arm and Hammer
Company, started a homeless initiative to use environmental technologies and
every dollar he spent brought a $10 return to his company. The Arm and Hammer
marketing people also get a one to four return on what they do. It has been
shown that being a leader can bring a return.
Executives of corporations involved in these types of projects benefit
their companies in ways that go way beyond the price of their product. The
challenge relates to these corporate executives who know opportunity and
competitive advantage, and sell their technologies to the cities. The
challenge is making an effort to get these types of companies involved in
demonstration. He hopes to work with A1 Reaser, Jo Higgins, and Mike Collins
in ways to get specific companies involved.
Mr. Marshall said all of this sounds as though it is experimental. It
sounds good, and he likes what he hears about the light and fresh air.
Thirteen years ago he built a new home, and he got some money back from the
federal government because he put in a solar system that was going to heat the
hot water in his house. Thirteen years later he cannot find anybody to work
on the system or who knows anything about it. He is going to have to pull the
system out and start all over again. He asked if any of the knowledgeable
people at this meeting today can tell him where he can find someone to fix his
solar system.
Mr. McDonough stated that one of the problems with hot water heating is
that rejected heat is being taken from equipment. The company representatives
who are providing this equipment have recognized the value of providing water
cooled equipment. These types of systems will be examined for the new high
October 4, 1995 (Regular Day Meeting)
(Page 38)
000038
school, rather than sys~em~S'~hich~requirea lot of maintenance. He explained
that 12 years ago technologies were being used without understanding how to
integrate them into the whole planning process. Plans today involve getting
hot water from the standard air conditioning system. Consultants will be
examining the matter of anticipating future technologies. The companies who
are currently in this type of business are huge, and they have lots of
resources.
Mr. Marshall asked where these companies are. Mr. McDonough replied
that the companies are within the United States, and one of them is currently
trying to locate in Virginia. One of the reasons these systems have not been
successful is because people have had bad experiences with them previously.
He thinks Mr. Marshall's concerns are real, and that is why only major
corporations will be considered for the new high school project.
Mr. Finley said the corporations involved with the Challenge Program
have been noted, and it has been pointed out that there is a consultant
managing the Foundation. If a resolution is approved to join in the Challenge
Program, what relationship would they have with Albemarle County? He
wondered how entangled Albemarle County officials would become with the
consultants and corporations.
An unidentified gentlemen responded that he is associated with Spiegel
and McDiarmid which is a law firm that works approximately 90 percent for
local governments. His firm has been hired as a Project Manager by the
National Fish and Wildlife Foundation. The Foundation was created by Congress
in 1984, and all of the Board members are appointed by the President and
confirmed by the Senate. It is the job of these Board members to take
federally-appropriated monies to do projects in sustainability at the local
level. The Foundation is good at taking small bits of money and putting them
together with other partners to create something bigger. Second, the Founda-
tion is very bipartisan, and its members are used to working with environmen-
talists and corporation executives. The Foundation launched the "Save the
Tiger" project with Exxon last week. His law firm has a contractual relation-
ship with the Foundation. He emphasized that County officials will not have
to enter into a contractual relationship with his firm or be required to
purchase his firm's services in order to join the Challenge Program. The
challenge is not creating or making new things happen. These things are
already happening in communities such as this one, as well as in Orlando and
Chattanooga. His firm did not foster these things. The hope is that all of
the energy can be pulled together from local communities and that it can be
enhanced by getting the Department of Energy staff, EPA leaders and top people
from the environmental community involved. It is hoped that things that have
already happened can be improved.
The unidentified gentlemen wondered if Mr. Finley is asking if his firm
would have to be hired separately for Albemarle County if the Challenge
Program is approved locally. Mr. Finley replied, "no". He was just wonder-
ing what would happen if the Board members voted to join the Challenge
Program, which is being managed by a law firm. He thinks there would have to
be some type of relationship. This gentlemen replied that taking the chal-
lenge is very simple. The Board members would agree that Albemarle County
would be a founding leader. This means that they would agree to help issue
this challenge, put their name on the letterhead and say that the new Albe-
marle County high school is what the County officials are going to do to take
the challenge. It means that the Challenge members all work together to try
to make the new high school an environmental technological success story.
When the evaluation process takes place to assess these success stories, then
County officials will agree to turn in their story. There is nothing compli-
cated involved, but this would be a way for the high school project to be held
up and celebrated.
Mr. Bowerman stated that the quantifiable results of what the technology
brings to this community will be considered. The unidentified gentleman
agreed, but he added that there are different ways to do that. The Arm and
Hammer Company uses baking soda instead of toxic chemicals to strip paint off
of navy war ships and clean the flux off of computer circuit chips. Baking
soda has cleaned 100,000 buildings of graffiti in Chicago, which is another
founding leader. An examination of this project will indicate how much
pollution was prevented, how much money was saved, as well as how many jobs
were created. A whole ecological industrial park is being considered for
Baltimore. With big projects such as this, the technologies will not be put
to use so that in six months it will be clear as to how much money has been
saved, etc. An agreement to come together to build such a project, and break
the ground within two years, will be a success story in itself.
(Note: Mr. Martin left the meeting at 4545 p.m.)
Mr. Mike Marshall said he thinks that even if the Challenge Program did
not exist, County officials should be thinking about whether or not to build a
sustainable high school. If at some time in the future, money should come
from the Challenge Program, it should be thought of only as extra money.
County officials should not plan for this money or make their decision on that
basis. The last high school the County built had a penitentiary look. The
windows do not open, and it is the type of building that no one wants to be in
for any reason to learn or to do anything else. County officials realize,
since they have put a lot of their faith in mechanical systems, that they are
going to regulate the climates of the building, although these systems do not
October 4, 1995 (RegUiar Day'~eti~g)
(Page 39)
take advantage of th~ climate outside of the building. He thinks the School
Board members would like to have a building that is nicely lit and attractive,
and one in which the children and teachers will want to be. When he looks at
the new high school plans and the sustainable concept, he sees that they are
basically delivering the desires of the School Board. The concept adds some
energy saving features, as well as others, to the plans. The School Board
should take some action to get the project started. If the School Board
members are still unsure about the Challenge Project, then they can defer
making a decision on that issue. Speaking about the County's own immediate
educational needs, he does not think the Board members should be deterred from
acting on this project.
Mr. Finley remarked that an additional $2.5 million to $3.0 million will
be involved with this project, and he asked if action should be taken today
without the opportunity for public comment. So far there has been no opportu-
nity for public input. There have been learning teams involved, but most
people cannot come out for two or three days and work on a learning team. He
is sure there will be some people from the public who will want to say
something about this question.
Mr. Mike Marshall agreed that Mr. Finley's question is a fair one. He
knows quite a bit about this project, and he is already sold on it. He sees
the $2.0 million as money invested from the start for a better quality
building which will provide longer service over a period of time. The payback
is there, and it can be demonstrated. This is a building which could conceiv-
ably be used a lot longer than 50 years. There will be plenty of decisions to
make relative to paying out more money in the beginning in order to have a
better product immediately.
Mr. Perkins mentioned that his first concern is whether or not County
officials are using the State procurement guidelines. Why did the archi-
tectural firm not indicate that it's staff members could have done this
project if they had known the scope of the discussions in the beginning? The
whole concept has been changed since the Request for Proposal (RFP) was issued
for an architect to design the new high school. He asked if Mr. Davis can
tell Board members whether or not procurement guidelines are being followed,
as they should be followed. Mr. Davis replied that an architect has been
procured based on professional qualifications and not necessarily because of
any specific design. He does not think there is a legal problem, as far as
changing the design of the high school, after an architect has been chosen.
Mr. Perkins commented that he did not have a lot of time to consider
this proposal, but two things caught his eye. One thing relates to the use of
grey water for irrigation. He asked if this activity would meet local codes
as far as dumping wastewater on the lawn for watering shrubberies, etc. Ms.
Higgins responded that there are a couple of things relative to sustainability
which will affect code requirements. Under this type of design, the separa-
tion of grey water would be examined, and necessary waivers, etc., will be
earmarked in advance. Staff of the Inspections Department thinks it can be
addressed and approved, as long as justification is provided. She reiterated
that things that do not fit into the BOCA Code as it currently reads, will be
earmarked.
Mr. Perkins then referred to the use of sustainable harvest wood and
timber, and he asked the definition of a sustainable forest. Mr. McDonough
replied that, as an example, the WalMart in Kansas was built with sustainable
forest wood, and some of the wood came from Virginia. The meaning of a
sustainable forest is a way of managing a forest where the condition of the
forest is continued.
Mr. Perkins inquired if the American Forest and Paper Association's
sustainable guidelines are being followed. Mr. McDonough answered that
different guidelines are being followed. There are a lot of things going on
relative to sustainable forests now, and the definitions are varied. He gave
an example of a stumpage survey that was done in Wisconsin in 1953 where there
were 1.3 billion trees standing. Twenty billion trees have since been
harvested from that land, but there are still 1.4 billion trees standing.
These situations range from the one that he just described to a sustainable
yield type of operation.
Mr. Finley called attention to the $2.0 million additional money, as
well as the $235,000 consultant's fee. He feels this is a high rate, and it
is almost double the consultant's fee for the basic school. Ms. Higgins
answered that the consultant selection was done, a fee was negotiated for
designing the high school, but the fee did not include sustainability. The
amount shown in the Executive Summary is based on the portion of the $2.0
million that needs to be available in this fiscal year. This does not
correlate exactly to the design fee. The $2.0 million total would be ten
percent added to the construction costs of $17.0 million. There will be
design work, research and inspections relative to a project which has not been
done before. There is an initial research cost involved that was not included
for the original design of the high school. She reiterated that there is
additional design and research work associated with this project.
Ms. Gallion wondered if it would be possible to use some of these
materials for future elementary and middle schools. Ms. Higgins remarked that
anything the County does as a public agency will be public information. Other
high schools which will probably be built similar to the one being built in
October 4, 1995 (Reguiar Day ~eeting) ' 000040
(Page 40)
Albemarle County, and that is~h~whoie:-'Purpose of the Challenge Program.
Albemarle County officials'might not'build another high school, but they may
change the whole sense of education in high schools. The same things can be
incorporated in new elementary or middle schools, so there will be some reuse
of the material. At this time, it is impossible to say how much can be saved
in the future. She mentioned that through the technology challenge of sharing
information, it will benefit other school systems.
The unidentified gentleman stated that the last time he met with County
staff, Mr. John McCormick from the Friends of the Earth group, also met with
them. This group has launched a national grade school campaign meant to go
into existing schools and teach the children how to do energy audits and how
to save money through energy conservation in their school buildings. This
will not only save the schools money by incorporating these exciting technolo-
gies, but it will also help the children. Mr. McCormick is very interested in
starting this program in Albemarle County no matter what happens with this
high school project.
Mr. Bowerman remarked that he thinks the questions which have been
raised today are very good questions. Money has been spent in the past on new
technologies. In the 1960s and 1970s the County went to the open classroom
concept, which was a disaster. He has been in government for 17 years, and
this is the most exciting thing in which he has ever been involved. The
County has an opportunity to create something for this community which is
going to last 50 to 100 years, and it is going to give back to this community
much more than it will cost. The documentation indicates that the energy
savings alone from an under-floor plenum and the increased daylight will save
approximately $250,000 a year in energy costs. The questions relating to the
payback period can be dealt with later in terms of what this Board and
community decide is a reasonable time period.
Mr. Bowerman said there are many people involved with this project who
ask appropriate questions. He said they wonder about such things as how the
night air can be used in the middle of summer to cool a building when the
climate is so humid which causes a lot of condensation against the concrete in
the floor. These issues will be addressed, but he is convinced, knowing the
people who are this project, that the questions which need to be asked are
going to be asked and answered.
Mr. Bowerman said he is willing to stake his political career on this as
a concept for this community. It is for this reason that he is going to make
a motion that the Board of Supervisors approve the additional funds needed for
the land purchase in the amount of $400,00; approve the additional funding
necessary to research, design and construct a sustainable high school, the
portion of funding needed in this fiscal year is $235,000 for additional
consultant services beyond what was originally anticipated for design; adopt a
resolution to accept the Environmental Technology Leadership Challenge to
spotlight the project; and acknowledge that the total cost for sustainable
design for the new high school will be $2.0 million additional which will be
used from borrowed funds, which is $2.0 million on top of the original $15.0
million, for a total of $17.0 million - $15.0 million will come from split
billing of real property taxes. The balance will be borrowed from VPSA.
Without the involvement with the Leadership Challenge, the benefits of the
high school accrue directly to this community, but there are some other things
that can go beyond that. This is the reason he thinks it is important to
participate in the Challenge Project, and that is why he asked the staff about
whether or not the County could legally participate and meet code requirements
for purchasing.
Mrs. Humphris seconded the motion. She agreed that nothing has come
along since she has been in government as exciting as this proposal. She has
been fortunate enough to attend the development team meetings, and she
wondered how Board members could not participate in such a project. It is a
once-in-a-lifetime opportunity, and the timing is critical. Since it is a
once-in-a-lifetime opportunity, she thinks County officials owe it to the
children and the future of this community to approve this recommendation.
Mrs. Humphris went on to say that it is tremendously exciting, and it is going
to be a very valuable addition to this community. She next mentioned some
information the Board members received, which she said is significant to her.
In the left-hand column are some things shown which relate to sustainable
design that could already have been included in a school. It is a short list.
The other column has a long list of things that can be bought into this school
for the children for the future with the additional money. Given the payback,
the additional $2,0 million investment is going to bring the County an
inestimable return, and it makes it worth approving this additional money.
She is happy to second Mr. Bowerman's motion.
Mr. Perkins said he does not question this proposal. There are ques-
tions that have to be asked about the code, etc. If questions are not asked,
then there won't be any answers, and there are surprises. Sometimes they are
unpleasant surprises, and this has happened before on projects. He said
architects have been asked to put windows in buildings that open, but County
officials did not get what they requested. He hopes what the County officials
are asking for is what they are going to get with this project.
Mrs. Thomas remarked that she was glad Mr. Perkins asked the question
about grey water because she had not been at all sure about that particular
situation. She has been excited about this building ever Since the site was
October 4, 1995 (Regular Day Meeting) 000041
(Page 41) ·
selected. When she participated in some of'the meetings where the building
was designed from the inside out, she got eVen more excited. She thinks this
will be a building that everyone will be proud of for a very long time, and it
is going to make a real difference.
Mr. Marshall remarked that he will support the motion, but not because
of the things he has heard today. He is hoping for a situation where the
children will get a better education. He doesn't mean anything personal, but
he does not trust what has been said about energy, etc., because of his
personal problems with such things. If this project does not turn out the way
it is represented, there will not be another school built this way in the
State of Virginia. He promised that he would go to every place in the state
to warn local officials if this project fails.
Mr. Bowerman told Mr. Marshall this project will not fail, because
County officials will be on top of everything that is going on for the next
two and one-half years.
Mr. Marshall stated that the system needs to work. If it works, he
feels it will be the greatest thing that has ever happened to education.
Mr. Brezinski commented that he will do everything that can be done to
give Albemarle County a successful project. His firm has even proposed that
there be a second project manager so that both sides of this project are
together. A second person will be provided to make sure that the information
follows the proper procedure with proper approvals and that the proper
research is done ahead of time. He emphasized that these are things that his
firm has to put into the project to make it happen, and he is prepared to do
that.
Dr. Castner said this is the third high school building project with
which he has been involved, and he has never heard so much talk about the
future, as he has heard with this school. Not only does the discussion relate
to the children in the school, but to the whole community. There has to be
trust involved with this project, and while he hasn't been in this County a
long time, he has developed a lot of respect for A1Reaser and Jo Higgins. He
mentioned that the Boards are working with architects who have already
delivered Sutherland Middle School, which is another fine building. There are
a lot of checks and balances. He thinks the project is quite exciting. There
are many people coming into this concept who are putting themselves on the
line, and he does not think anyone wants not to succeed. Expectations are
high, but he thinks everyone is up to the challenge. This did not happen
without a lot of work, and it didn't happen without a lot of people who have
good reputations who are willing to support this proposal. He thinks the
County is fortunate that there has been the opportunity for the Planning
Commission to get together with the architect at the University of Virginia.
There are a lot of things headed in the right direction, and he thinks this
shows promise for the future of the new high school.
Mr. Marshall commented that Mr. Bowerman believes in the project, and he
knows Mr. Bowerman will work hard to see that it happens.
At this time, roll was called, and the motion carried by the following
recorded vote:
Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Mr. Cummings made a motion for the School Board to endorse Mr. Bower-
man's recommendations that he made in his motion to the Board of Supervisors.
Mr. Cummings next stated that 17 years ago he and his wife designed, contract-
ed and partially built a passive solar home using some of these technologies,
but they were revolutionary at that time. It is an environmentally friendly
home, and not only solar light is used, but also solar heat, as well as
natural ventilation. The things that are available now are better than the
things that he had at that time. He can't help but be excited about this
design. It is also a member of the commission who talked about educational
environment being a pleasing and educationally worthwhile environment. He
thinks this school will be that because it will not only be a more pleasant
place, and less like a prison, but there will be fresh air and sunshine. The
building itself, because it will be futuristic, will be a learning laboratory
for children° He thinks this is an important point.
Ms. Powell seconded the motion.
Mr. Landrith said he would like to see a very rigorous cost-benefit
analysis, although he appreciates the information the Board members received
today. His concern lies in the fact that most of the cost savings and energy
savings are from HVAC and lighting. These savings will then be used to fund
other things, and he emphasized that he wants to look at these other things.
Me does not know if he would agree with the argument that because some money
is saved, the savings should be spent on other items. It may be appropriate
to get the cost savings where they are big, and forget certain other things.
He does not know the answer to that question yet, and he hasn't found the
answer in any of the material that was given to the Board members today. He
certainly wants such questions addressed. Mr. Mike Marshall and Mr. Bowerman
October 4, 1995 (Regular Day Meeting) 000042
(Page 42)
both made a good case, and he doesn't disagree with them. He still needs to
be shown, and he is goihg ~0 dOubt a few issues at this time. His underlying
concern is that County officials will get carried away and build a Taj Mahal
at the taxpayers' expense. He wants to make sure that this doesn't happen.
Mr. Landrith said he is not opposed to the motion, but he wants to make it
clear that his support of it does not necessarily mean he is convinced today.
He is still going to have to be convinced about some more things.
Ms. Powell said she served on the Learning Team, and she has been very
impressed with the process used in putting this new high school together.
Many people in the audience today also served on this team. The team incorpo-
rated ideas from a lot of different people, and it has been exciting to see
the enthusiasm from the team members relative to building a school with good
visionary ideas and one that will work in the future. It may cost a little
more in the beginning, but she thinks money will be saved in the long run.
She supports the motion, and she applauds the efforts of the entire team.
Ms. Gallion commented that the most encouraging thing she heard today is
that this is not going to be a state-of-the-art school, but it is going to be
a state-of-the-shelf school, and that makes her more comfortable. She
appreciates the Supervisors supporting the School Board in this endeavor, and
appropriating some extra money for this project. She thinks this is the right
thing to do for now, as well as for years to come.
Mr. Finley noted that grey water has been mentioned several times today.
He has used grey water in three countries, and it is not state-of-the-art. It
is a sustainable design, but the idea has been around for a long time. Since
he is an environmental engineer, he is also excited about the project. He
pointed out that the people who have been calling him are not excited because
they know nothing about the matter. They are asking why millions of dollars
are being spent on things about which they know nothing. Some of these people
cannot leave their jobs and go to the Learning Team meetings, and they will be
very disappointed that this project was approved today without them having an
opportunity to have their say. He is in favor of sustainable design. He
mentioned that not too long ago classroom capacity was reduced by 20 percent,
and $3.0 million was added to the cost of this high school. Perhaps with this
environmental enhancement, the classrooms could be made a little larger and
some money could be saved so there would not have to be $2.0 million or more
extra in the budget to do all of this.
Mr. Finley then asked the School Board members to respond, if they were
in favor of the motion. All School Board members responded favorably, and Mr.
Finley indicated that the motion carried.
Agenda Item No. 17c. Other Matters Not Listed on the Agenda from the
Board and the School Board.
Mr. Finley said the School Board members were ready to sign a Partner-
ship Declaration with the Charlottesville School Board, but it was tabled
because of the reversion meeting on September 19. He wondered if there would
be any problem if this matter is brought up again. He said that it is fairly
simple. The partnership involves site development, adult education, alterna-
tive education, summer school, joint purchasing and sharing of teachers for
courses with low enrollment.
Mrs. Thomas replied that Mr. Martin chaired the meeting to which Mr.
Finley referred, and she attended it. This matter was discussed, and it
looked as though it was a direction that should be encouraged. Since it has
not been discussed with the other members of the Board of Supervisors, she had
suggested that this item be placed on the Supervisors' next agenda. She does
not think that two committee members should tell the School Board to go ahead
with this agreement.
Mr. Perkins suggested that the Supervisors be provided with information
on this matter for next week's meeting.
Dr. Castner explained that this proposal is an independent action that
was only suggesting mutual cooperation between the two school systems. School
officials did not want to confuse this matter with the reversion issue. Out
of courtesy for the fact that there was going to be a meeting on the 19th, the
matter was tabled. The School Board is not under any time pressure, and offi-
cials in the two school systems are already trying to work together. This is
just an issue that was put out for preliminary discussion, and there was no
binding commitment, because it was for mutual benefit.
Mr. Perkins noted that it seems foolish for the Supervisors to get
involved in something when the School Board has already worked out an arrange-
ment. If this arrangement could be helpful to the County, then he thinks it
should be used as much as it can.
Ms. Gallion remarked that the School Board members did not quite
understand why there were no members of the School Board represented at the
committee meeting on September 19. Mrs. Thomas answered that this committee
consists of two members of the City Council and two members of the Board of
Supervisors who volunteered to serve. It is not an on-going or a long
standing committee. The committee members did have a good discussion, and the
article in the newspaper was a good representation of that discussion.
000043
October 4, 1995 (Regular Day Meeting)
(Page 43)
Committee members were saying that certain issues would be turned over to the
School Board, but she didn't know about the Partnership Agreement at that
time. When this agreement was handed to the committee members by the council-
ors, it appeared to be something that would be quite useful. Committee
members thought the School Boards would like this type of direction.
Mr. Tucker mentioned that there were some items brought up by the
councilors which were not part of the Partnership Agreement discussion, and
the School Board members may not have been aware of them. The item pertaining
to the agreement can certainly be put on next week's agenda.
Mr. Perkins suggested that perhaps Mr. Tucker could give the Supervisors
this item as information. Mr. Tucker agreed.
Mr. Bowerman stated that it is fair to saYthat the two School Boards
are independent bodies who make their own decisions.
Agenda Item No. 18. Adjourn to October 11, 1995, at 10:30 A.M.
At 4:45 p.m., with no further business to come before the Board, motion
was offered by Mr. Bowerman, seconded by Mrs. Thomas, to adjourn this meeting
until October 11, 1995, at 10:30 a.m.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.