Council to hold public hearing on granting a permanent easement to Rivanna Water and Sewer Auth. on Sept. 8 - y'all come, heah!

The image above is a pieced together version of the project plan sheets 4 and 5 referred to in the proposed ordinance below. There is a marked area on these plan sheets that is supposed to be shown as "Sanitary Sewer Easement," according to the Draft Deed of Easement, but is actually marked by a highlighted line labeled as "Prop. Perm. Util. Ease. for Rivanna Water and Sewer Auth."

The text of the material for the Sept. 08, 2009 city council public hearing on a proposed ordinance entitled "AN ORDINANCE GRANTING A PERMANENT EASEMENT TO THE RIVANNA WATER AND SEWER AUTHORITY FOR THE RELOCATION AND ENLARGEMENT OF THE SCHENK'S BRANCH SEWER INTERCEPTOR" made available at the Charlottesville City Attorney's Office is given below as well as some clarifying additions I added (including the referenced section of Virginia Code relating to the transfer of city property).

A legal notice of the Sept. 08, 2009 public hearing was published in the classified advertisement section of the August 30, 2009 Daily Progress. This easement item was removed from the agenda of the August 17, 2009 City Council Agenda due to some technical problems in identifying the easement area on the VDOT plans. The draft ordinance now refers to specific plan sheets dated October 30, 2008 and last revised August 11, 2009. Included below is the August 17, 2009 staff report. A new staff report has not yet been released so there may be some changes to it before it is put in the agenda packet for city council. The final staff report should be posted on the city website on Thursday Sept. 03, 2009 as it will be presented to council. Note that I have included Virginia Code § 15.2-1800(B) that is referred to in the third "whereas" of the draft ordinance immediately following the proposed ordinance text.

The text raises several questions in my mind, and may raise other questions in yours. Is this a sale of rights that would require at least four affirmative votes of council to pass this ordinance as required under Article VII, Section 9 of the Virginia Constitution? Do we want RWSA to have the authority to cut any trees on the acreage designated in this easement without any review by the city (as the draft deed suggests or even seems to require)? When will city council be presented with a sewer easement for the southern end of the McIntire Road Extended project that is the illustrated on the VDOT plans submitted to the U.S. Army Corps of Engineers?

Do attend the upcoming public hearing at city council on Sept. 08.

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CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA

Agenda Date: August 17,2009
Actions Required: Yes (Approval of Ordinance First Reading)
Staff Presenter: Craig Brown, City Attorney
Staff Contacts: Craig Brown, City Attorney; Lauren Hildebrand, Public Utilities Director; Angela Tucker, Development Services Manager
Re: RWSA Easement for Schenk's Branch Interceptor

Background: The Rivanna Water and Sewer Authority ("RWSA") owns a sanitary sewer collection line known as the Schenk's Branch Interceptor. The line begins on the east side of McIntire Road across from the parking lot for the Albemarle County Office Building, and continues along McIntire Road, under the Rt. 250 Bypass, through McIntire Park and ultimately connects to RWSA's Meadow Creek Interceptor in Albemarle County. The Schenk's Branch Interceptor was originally owned by the City, but was a part of the wastewater infrastructure sold to RWSA pursuant to the 1973 Four Party Agreement between the City, Albemarle County, the Albemarle County Service Authority and RWSA.

The entire Schenk's Branch Interceptor is approximately 7,000 linear feet, with all flows through the line originating within the City. As part of RWSA's replacement and upgrade of the Meadow Creek Interceptor (which collects flows from both the City and County) RWSA will be replacing and upgrading approximately 575 linear feet of the Schenk's Branch line. An additional 1,250 linear feet of the line will be relocated and replaced by the Virginia Department of Transportation ("VDOT") to accommodate the construction of McIntire Road Extended. The proposed relocation by VDOT provides an opportunity for the City to have this portion of the line enlarged, with VDOT paying the majority of the relocation costs and the City paying the additional costs for the larger line.

Discussion: Since the portion of the line that is being relocated by VDOT will continue to cross City-owned property (beginning in McIntire Park and ending near Melbourne Road) RWSA will require a permanent easement from the City for the new location of the line. The area of the permanent easement is outlined in red on the plats with the proposed deed, a copy of which is attached. The granting of the permanent easement to RWSA has been advertised for a public hearing, and will require the adoption of the attached ordinance following two readings.

Alternatives: City Council may decline to adopt the ordinance for a permanent easement for the relocated sewer line.

Budget Impact: As with all project costs for McIntire Road Extended the City will be responsible for 5% of the costs of the relocation of the Schenk's Branch Interceptor. The City will be responsible for 100% of the costs associated with increasing the size of the line.

Recommendation: Staff recommends approval of the attached ordinance granting RWSA a permanent easement for the relocated Schenk's Branch Interceptor.

Attachments:
Proposed ordinance granting a permanent easement to RWSA
Proposed deed of easement with plats attached

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Attachment: Proposed ordinance granting a permanent easement to RWSA as updated for the Sept. 08, 2009 council meeting

AN ORDINANCE
GRANTING A PERMANENT EASEMENT TO THE
RIVANNA WATER AND SEWER AUTHORITY FOR THE
RELOCATION AND ENLARGEMENT OF THE
SCHENK'S BRANCH SEWER INTERCEPTOR.

WHEREAS, the Rivanna Water and Sewer Authority ("RWSA") has requested the City of Charlottesville to grant a permanent easement across a portion of McIntire Park and on City-owned property between the Park and Melbourne Road, as shown on the highway plan sheets 4 and 5 of the Virginia Department of Transportation, for VDOT Project No. UOOO-104-102, RW-201, C501, dated October 30, 2008 and last revised August 11, 2009; and,

WHEREAS, the proposed easement will allow for the relocation and enlargement of a portion of the Schenk's Branch Interceptor, a sewer collection line owned by RWSA and serving City residents; and,

WHEREAS, in accordance with Virginia Code § 15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the conveyance of this easement; and

WHEREAS, City staff have reviewed the request and have no objection to the conveyance of said easement to RWSA.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is hereby authorized to execute one or more Deeds of Easement and such other documents as may be requested by RWSA, in form approved by the City Attorney, to convey the above-described easement to the Rivanna Water and Sewer Authority.

Note: § 15.2-1800. Purchase, sale, use, etc., of real property.

B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22 of this title.

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This document was prepared by:
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, Virginia 22902

City of Charlottesville Tax Map and Parcel Numbers 450001000, 460001200, 460003000 Albemarle County Tax Map and Parcel Number 06100-00-00-193A0

This DEED OF EASEMENT, made this 3rd day of November, 2008, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantor ("Property Owner"), and RIVANNA WATER AND SEWER AUTHORITY, a body politic and corporate created pursuant to the Virginia Water and Waste Authorities Act, whose address is 695 Moores Creek Lane, Charlottesville, Virginia 22902, Grantee (the "Authority").

WITNESSETH:

WHEREAS, the Property Owner has agreed to grant the Authority the easement shown and described on the plans for State Highway Project U000-104-102, RW-201, Parcels 001 and 004, Sheets 4 and 5, attached hereto and recorded herewith (the "Plat"); and

WHEREAS, as shown on the Plat, the proposed easement crosses a portion of the property conveyed to Property Owner by deeds recorded in the Clerk's Office of the Circuit Court of the City of Charlottesville in Deed Book 162, page 296, and Deed Book 338, page 530, and by deeds recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 192, pages 15 and 18, and Deed Book 526, page 238, and Property Owner is the fee simple owner of the said property as of the date hereof.

NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR ($l.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Property Owner does hereby GRANT and CONVEY with GENERAL WARRANTY of TITLE unto the Authority a perpetual right of way and easement to construct, install, operate, maintain, repair, replace, relocate and extend a sewer line consisting of pipes, equipment, and appurtenances to such pipes and equipment, over, under and across the real property of Property Owner located in the City of Charlottesville, Virginia, and the County of Albemarle, Virginia, and to access any other adjacent easement held by the Authority, the location and width of the easement hereby granted and the boundaries of the property being more particularly described and shown on the Plat as Sanitary Sewer Easement (the "Sewer Easement"). Reference is made to the Plat for the exact location and dimension of the Sewer Easement hereby granted and the property over which the same crosses.

Easement Obstructions

Property Owner, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be located within the Sewer Easement. The Sewer Easement shall include the right of the Authority to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer line installation, operation and maintenance. The Authority shall have no responsibility to Property Owner, its successors or assigns, to replace or reimburse the cost of trees, brush, shrubbery, or other obstructions located in the Sewer Easement if cut or removed or otherwise damaged.

Easement Access and Maintenance

As part of the Sewer Easement the Authority shall have the right to enter upon the above-described property within the Sewer Easement for the purpose of installing, constructing, operating, maintaining, repairing, replacing, relocating and extending the above-described sewer line and appurtenances thereto, within the Sewer Easement; and in addition, the Authority shall have the right of ingress and egress thereto as reasonably necessary to construct, install, operate, maintain, repair, replace, relocate and extend such sewer lines. If the Authority is unable to reasonably exercise the right of ingress and egress over the right-of-way, the Authority shall have the right of ingress and egress over the property of Property Owner adjacent to the right-of-way, and shall restore surface conditions of such property adjacent to the right-of-way as nearly as practical to the same condition as prior to the Authority's exercise of such right.

Excavation

Whenever it is necessary to excavate earth within the Sewer Easement, the Authority agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation.

Ownership of Facilities

The facilities constructed within the Sewer Easement shall be the property of the Authority, its successors and assigns, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the Sewer Easement as are consistent with the purposes expressed herein.

Advisory Council on Historic Preservation seeks more consultation before approving Route 250 Bypass Interchange Memorandum of Agreement

Below are images of the 2-pages of a letter sent August 27, 2009 from the Advisory Council on Historic Preservation to the Federal Highway Administration (FHWA) - Virginia Division Administrator indicating that ACHP is not in agreement with FHWA on their proposed plan to address historic property impacts identified for the Route 250 Bypass Interchange at McIntire Road. I and other consulting parties to developing a memorandum of agreement on this so-called Section 106 review have urged both the Virginia Department of Historic Resources and the Advisory Council on Historic Resources not to agree to FHWA's proposal in that it does not adequately avoid or mitigate impacts to historic properties eligible for listing on the National Register of Historic Places. The eastern portion of McIntire Park and several other historic resources fall into this category and will be adversely impacted by the Route 250 Bypass Interchange project.

I am delighted that now the Advisory Council on Historic Preservation has responded favorably to input from several consulting parties and concerned citizens that the current proposal for the Route 250 Bypass interchange being developed by the City of Charlottesville and FHWA is not in compliance with federal preservation requirements. Recently, the U.S. Army Corps of Engineers rejected a request by Virginia Department of Transportation for a water quality permit that would allow construction of the McIntire Road Extended project through McIntire Park because of inadequacies in their proposed project design as submitted.

The project development process has many flaws in it, and now that final approvals are being sought by the developers of the project, these flaws are becoming more obvious and being scrutinized by federal regulators.

Don't believe that the parkway is ready for construction. This is not a done deal.

Pedestrians take action to make their neighborhood safer.

Local residents on a residential street ( Louise de Colignylaan) in a neighborhood in Naarden, the Netherlands took pedestrian safety into their own hands when traffic was channeled through their neighborhood while a nearby major highway nearby was under repair. Residents painted their own unofficial crosswalk on their street. This action angered local government officials because of the cost in removing the painted crosswalk. But what about the issue of pedestrian safety? Is this going to be a new wave of pedestrian action beyond Naarden? Will this start happening in Charlottesville? Will neighborhoods start putting in their own speed bumps, too?

I am not advocating that residents start acting independent of the city in maintaining our pedestrian infrastsructure, but I urge our Charlottesville city staff to be proactive in providing pedestrian safety signage or other safety measures - permanently or temporarily - as unsafe pedestrian circumstances arise. I admit that I have contemplated mixing some QUIKRETE cement patching material to fill holes and large cracks in the sidewalks of Charlottesville (but I haven't actually done this). Maybe Charlottesville can start an "Adopt a Sidewalk" program and provide willing citizens training, approved patching materials and access to tools to fix some of these safety issues on their own. I am sure there are legal implications about letting citizens do infrastructure repair, but with so many tripping hazards on our sidewalks and crosswalks maybe this is something worth considering. Maybe Charlottesville can be a leader in channeling citizen action into safer pedestrian ways. I am happy to sign up for duty.

If you want to see the online story or view the news video (both in Dutch) , they are available through de Telegraaf - online.

Report from Behind the Scenes Tour of Charlottesville-Albemarle Airport

Some local bloggers and members of the media were invited on a guided, behind-the-scenes tour of CHO on August 21, 2009 - and I was one of the invited bloggers. The tour was led by Barbara Hutchinson, CHO executive director, and key commission members, and included up-close and rarely seen looks at the Runway extension site, Emergency services, Private planes and helicopters, Aircraft taking off and landing area, Luggage loading area and more. This was a fun tour that was a great glimpse into how our local airport - CHO - operates. About 12 people zoomed around the airport in a tour bus for about 90 minutes to see the airport up-close and personal. The tour group was encourage to ask question, take photographs and share what we learned with others on our blogs. So, here are some of the photos I took on the tour. I also recommend you keep checking on the Charlottesville Tomorrow weblog for lots of photos. Sean Tubbs of Charlottesville Tomorrow said he shot about 350 photos (50 for each one I shot) and will be posting a slide show and audio from the tour. So, you will be able to experience much of what I saw and heard through the miracle of electronic media. I will be checking there too.

My seven photographs are below. My thanks to Barbara Hutchinson and her staff for a great tour.

Here is Marc Tenia of TV-19 capturing video for the evening news. We are just in front of the Corporate Jet hangar. The runway is to the left just beyond the grass.

Here is one of the mammoth snow plows in the garage waiting for the first snow of the season. I believe this plow is 22 feet wide. There are three plows that work together to plow the runway and there is also a huge snow blower to help out when there is sufficient snow to get it out of the garage.

This is an up-close view of one of the smaller corporate jet aircraft. I was hoping for a ride in one of these as part of the tour, but it was not to be.

Although my Kodak pocket camera (no optical zoom) couldn't get a better shot than this, I am standing not terribly far from the runway as a jet takes off.

Here the group is getting lots of detail about the airport operations while the tour group is poking around the hangar. There were only a few aircraft on the ground while we were on tour. But, apparently this general aviation area of the airport will be packed full on upcoming UVA football game weekends.

Here is a photo of Sean Tubbs of Charlottesville Tomorrow snapping one of his 350 shots. We are in the baggage area where bags have already cleared security and are waiting for airline staff to pick them up and put them on soon to be departing flights.

Here is one of the two fire/rescue vehicles housed near the runway ready to use foam or whatever to protect against fire, or to respond to any emergency on the airport property. I got to try on one of the heat reflecting jackets. On a 90-degree F. day, having one of those jackets on had me sweating in about one minute. I am sure it is a great protection jacket when one is out fighting a fire and the air is hundreds of degrees.

VDOT needs to pick one alternative for McIntire Road Extended - not two.

This graphic of McIntire Park showing an interchange at Route 250 Bypass providing access to a road through the park was included in the 1975 Charlottesville Open Space Plan prepared by the City of Charlottesville. This is the first graphic I am aware of that indicated that an interchange alternative was considered that would allow traffic of any kind into the eastern part of McIntire Park. The road into the park provided access to a proposed recreation area, shelters and parking where the golf course was and remains today. The road was labeled as the McIntire Parkway on this plan. In fact, this plan was the basis for the Federal Highway Administration (FHWA) claiming that the parkway as designed in the 1995 Environmental Assessment was not subject to federal parkland protection requirement (Section 4(f) protections included in the U.S. Dept. of Transportation Act of 1966) because the parkway and the park were being jointly developed. Later FHWA clarified that a joint development exemption only applied when the park and road were being created at the same time so this exemption doesn't apply to McIntire Park and the Meadowcreek Parkway.

What I find interesting is that since 1975 plans for a parkway through McIntire Park have considered at-grade intersection and interchange designs among the project alternatives for the southern terminus of the road through the park. Only in 2005 when funding for an interchange at Route 250 Bypass was provided in the federal SAFETEA-LU legislation as a $27 million earmark did this alternative have any chance of being selected as a preferred alternative. But, rather than select the interchange alternative in the existing planning effort, the Route 250 Bypass Interchange at McIntire Road became what was considered by FHWA to be a new project totally independent of the parkway itself. Now that city council has selected a diamond shaped interchange as its preferred alternative and VDOT has submitted a permit application for the parkway (McIntire Road Extended) with an at-grade intersection at Route 250 Bypass, VDOT has apparently selected both an interchange AND an at-grade intersection for the parkway. I know of no other time where VDOT has selected two alternatives for construction of the same project.

Clearly there is something going on here - and that appears to be avoiding federal funding to be allocated to the entire project and thus requiring that Section 4(f) and other federal environmental regulations applying to the project development of the entire roadway connecting Route 250 Bypass to Melbourne Road. As I see it, the answer to the question - does the parkway have an at-grade intersection or an interchange - differs depending on the situation. When seeking a water quality permit from the U.S. Army Corps of Engineers the answer is "at-grade intersection." When consultants present their designs to City Council the answer is "interchange." I suppose if one did a survey of citizens, planners, government officials, consultants, city councilors and others the answer would not be the same, and likely the answer would be more complex than just "at-grade" or "interchange."

Avoiding federal environmental review of the parkway plans has lead to a comedy of errors and changes in the project that continues today. I am looking for some leader - perhaps a city councilor - to demand that a logical description of the transportation purpose and need in the city be stated. Then, a parkway (whether it has an at-grade or interchange terminus) could be considered as one of several alternatives to consider in meeting the transportation need. Without this the comedy that is the parkway planning process will continue and money better spent on other needs will be wasted. When will a true leader take on this challenge?

Political Mondays with Peter Kleeman and Joe Thomas on TV-19 WCAV

Yesterday's WCAV TV-19 airing of Political Monday is now online. Below is the material posted online by WCAV. The video is about 5 minutes long - so check it out now if you have 5 minutes.

I questioned the desirability of the Commonwealth of Virginia contracting out major government responsibilities - in particular all of the information technology work to Northrup-Grumman. Joe Thomas indicated that he believes private industry does just just about everything better than government. Make up your own mind by viewing the video.

One interesting newspaper article indicated that about $100 Million was anticipated as savings from the Northrup-Grumman contract, but that in fact Information Technology costs were $6 Million higher than when the Commonwealth did it. I believe contracting is a great way to get specific tasks done, but contracting out major government responsibilities like management of government information is not desirable. Post a comment if you want to share your thoughts on these issues.

Political Mondays: Privatization of State Information Technology

In this week's Political Monday segment, Joe Thomas and Peter Kleeman talked about Privatization of State Information Technology services and trusting the bureaucracy.

See video here.

Political Mondays Continue

I have now done five weeks of "Political Mondays" on WCAV TV-19 along with local radio talk-show host Joe Thomas (WCHV AM-1260) and Dan Schutte of WCAV. The format for Political Mondays is to have both Joe Thomas and I offer a topic for discussion and the other person an opportunity to add their thoughts on the subject. I have posted the links to the video of each show, but I don't know how long these links will be active. I invite you to watch the short (around 5 minute) segments currently online.

The topics discussed (and who presented the topic in parentheses) for each of the broadcasts is given for each show. Simply click on the date of broadcast to get to the WCAV site for viewing - if it is still available. There is a short commercial before the podcast is shown. I hope you will tune-in to the live broadcasts on Mondays starting about 6:45 pm on TV-19 (Cable Channel 6). And, don't hesitate to share your thoughts on the show or my comments.

August 17, 2009: Topics: Places 29 Report (Joe Thomas); Need for Civil Discourse among elected officials and the public (Peter Kleeman); Will a health care bill be passed this year? (Dan Schutte).

August 10, 2009: Topics: "Photo Red" Approval by Albemarle County Board of Supervisors (Peter Kleeman); Tom In Your Town meetings (Joe Thomas).

August 3, 2009: Topics: Fraudulent letters sent to Rep. Tom Perriello (Joe Thomas); Federal Cash for Clunkers program (Dan Schutte).

July 27, 2009: Topics: Fifty-year water supply plan (Peter Kleeman); Virgil Goode, Jr. not seeking US Congressional seat in 2010 (Joe Thomas).

July 20, 2009: Topics: Charlottesville rally against healthcare proposals (Joe Thomas); US Army Corps of Engineers letter denying permit to construct McIntire Road Extended (Peter Kleeman).

VDOT resubmits request to US Army Corps of Engineers for McIntire Road Extended project permit

On August 7, VDOT sent the letter below to the US Army Corps of Engineers requesting a Corps permit to allow construction of McIntire Road Extended in Charlottesville VA. It appears to me that VDOT is trying yet another time to represent what is clearly one project - connecting Route 250 Bypass to Melbourne Road through McIntire Park - as two independent projects. Even a first time reader of this letter can see that these projects are not independent and that they are rather two alternative plans for connecting Route 250 Bypass to Melbourne Road - one with an at-grade intersection at Route 250 Bypass; one with an interchange at Route 250 Bypass. I hope that the US Army Corps of Engineers looks at this request carefully and again declines to issue a permit for the at-grade alternative as submitted by VDOT, but rather instructs VDOT to submit a final plan for a final design that connects Route 250 Bypass to Melbourne Road.

VDOT apparently continues to claim these projects as separate and independent projects to keep from having the entire single project from being a Federal-Aid Highway project and subject to all of the federal environmental protection, parkland protection, and historical property protection laws. It is my understanding that the public will have an opportunity to comment during a specific comment period on this permit application. I hope you will consider commenting not only on the project itself, but the process VDOT is following in attempting to move this project forward without adequately reviewing project alternatives and the related project impacts to the park, historic properties, and the environment in general.

Note: I reconstructed this letter in electronic form from the .pdf file distributed along with the VDOT press release. The original file including letter and attachments is available here.

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COMMONWEALTH OF VIRGINIA

DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER, VIRGINIA 22701
VirginiaDOT.org

DAVID S. EKERN, P.E.
COMMISSIONER

August 7, 2009

J. Robert Hume
Chief, Regulatory Branch
Norfolk District Corps of Engineers
Fort Norfolk, 803 Frost Street
Norfolk, Virginia 23510-1096

Re: Virginia Department of Transportation
Joint Permit Application
McIntire Road Extended Project
Charlottesville, Virginia (08-4060)

Dear Mr. Hume:

I am writing in response to your letter dated July 16, 2009, in which you requested the submittal of additional plans necessary to complete the above referenced project to a logical ending point. Plans demonstrating an at-grade terminus at Route 250 are being submitted to you with this letter today. For clarification purposes, let me briefly explain the background of the Terminus of this project.

Since the inception of the McIntire Road Extended project, VDOT has planned a connection with the Route 250 Bypass. In September 1994, the Commonwealth Transportation
Board (CTB) approved the location of the connection between McIntire Road Extended and the Route 250 Bypass. In September 1999, the CTB approved a design for the McIntire Road Extended project which included an at-grade connection with the Route 250 Bypass (See attachments 1 and 2.).

In 2005, the United States Congress passed the highway authorization bill known as SAFETEA-LU, which included a federal earmark for $28.9 million in demonstration funding for a grade-separated interchange at the intersection of the Route 250 Bypass project. FHWA determined it to be a project with logical termini and, with the City of Charlottesville, initiated the project development process (See attachments 3 and 4, FHWA correspondence.).

In response to these changes, VDOT appropriately revised the design for construction of the McIntire Road Extended project to tie into the access ramps of the federally funded Route 250 Interchange project. In the event that the decision to construct a grade-separated interchange at Route 250 is abandoned, VDOT will revert to the original plan for connection to Route 250 via an at-grade intersection.

Plans indicating a possible at-grade terminus at Route 250 were submitted to the Corps at the VDOT Interagency Coordination Meetings on August 8, 2006, and on June 10, 2008. The major difference now is we are able to build this at-grade intersection without impacting Waters of the United States (WOUS). Impacts have been avoided by shortening outfall pipes and eliminating sewer improvements crossing Schenks Branch (See attachment 5.).

VDOT water quality staff have reviewed the project with the revised at-grade intersection design and determined that there will be no additional impacts to WOUS). Additionally, construction of the at-grade intersection will not require borrow material to be removed from the temporary construction easement south of Station 17+ 02 to be used as fill within the limits of the permitted area associated with the stream crossing at Station 32+ 47.22.

With this information, VDOT is hopeful that together we can progress orward to conclusion of the permitting/Section 106 process for this project.

Sincerely,

[Signature: Rick Crofford]

Rick Crofford
VDOT, Culpeper District
Environmental Manager

Attachments (5) [See WVIR TV-29 posting of original document with attachments]

Blind copies with attachments frunished:

James S. Utterback, Virginia Department of Transportation
Stephen J. Long, Virginia Department of Transportation

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Below are the plan sheets included in Attachments 1 and 5 and links to the text of the letters in Attachments 2, 3, and 4.

Attachment 1: VDOT plan sheets 3, 4, 5 dated January 6, 2006 (click on image to enlarge to full size).





Attachment 2: September 16, 1999 Commonwealth Transportation Board Design Approval for McIntire Road Extension - Meadow Creek Parkway.

Attachment 3: August 31, 2006 Letter from FHWA Virginia Division to Mr. Peter T. Kleeman.

Attachment 4: March 16, 2009 Letter from FHWA Virginia Division to Ms. Andrea C. Ferster.

Attachment 5: Modified VDOT plan sheets 5 dated August 10, 2009 (click on image to enlarge to full size).

VDOT still believes that an at-grade intersection at McIntire Road and Route 250 Bypass would work for Meadowcreek Parkway.

What is VDOT thinking?

Here is VDOT's press release concerning submittal of the permit request from the United States Army Corps of Engineers regarding the McIntire Road Extended project.City Council does not support an at-grade intersection yet VDOT apparently believes this will get them a US Army Corps of Engineers permit to begin construction of the McIntire Road Extended portion of the Meadow Creek Parkway. What about the interchange? Is any of this defensible?

VDOT Press Release:

VDOT PROVIDES PERMIT INFORMATION TO CORPS OF ENGINEERS

Plans include clarification of McIntire Road Extended project's southern terminus

CULPEPER - The Virginia Department of Transportation has provided to the U.S. Army Corps of Engineers the information requested by the Corps to continue its review of a permit application for the McIntire Road Extended project in Charlottesville.

VDOT has submitted project plans showing an at-grade intersection with the Route 250 Bypass at McIntire Road. This was the original design for the road's connection with Route 250 and McIntire Road that was approved by the Commonwealth Transportation Board in 1999. When the city of Charlottesville requested that VDOT consider a grade-separated interchange, and federal funds were allocated for that project, the McIntire Road Extended project was redesigned and shortened to tie into the interchange access ramps. As part of the response VDOT also provided communications from the Federal Highway Administration that established the independent utility, or benefit, of both the interchange and McIntire Road Extended if either is constructed without the other being built.

In mid-July the Corps of Engineers requested that VDOT provide additional information and project plans showing the southern terminus of the McIntire Road Extended project. The Corps is reviewing the project to ensure compliance with federal requirements for construction work in certain waterways. The permit is required for this project to allow a box culvert to be placed in a tributary of Schenks Branch that will carry the stream beneath McIntire Road Extended.

The McIntire Road Extended project is scheduled to be advertised for construction bids later this year, with construction anticipated to begin in the spring of 2010. The project should be completed in late 2011 or early 2012, approximately the same time as the Meadowcreek Parkway and Route 250 interchange projects.

Here is the material associated with the now cancelled public hearing on providing a permanent easement to RWSA associated with McIntire Road Extended

Below is the original text of the material for the Aug. 17, 2009 city council agenda packet associated with original item #4: RWSA Easement for Schenk's Branch Interceptor. This item was removed from the agenda, however, due to some technical problems in identification of the easement area on the VDOT plans (as I understand it). But, I expect that this (or very similar) material will be presented to council at their September 8, 2009 council meeting. The text raises several questions in my mind, and may raise other questions in yours. What will the cost be to the city? Is this a sale of rights that would require at least four affirmative votes of council to pass this ordinance? Is this permanent easement inconsistent with Article VII, Section 9 of the Virginia Constitution limiting easements to no more than 40 years? Do we want RWSA to have the authority to cut any trees on the acreage designated in this easement without any review by the city (as the proposed easement suggests)?

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CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA

Agenda Date: August 17,2009
Actions Required: Yes (Approval of Ordinance First Reading)
Staff Presenter: Craig Brown, City Attorney
Staff Contacts: Craig Brown, City Attorney; Lauren Hildebrand, Public Utilities Director; Angela Tucker, Development Services Manager
Re: RWSA Easement for Schenk's Branch Interceptor

Background: The Rivanna Water and Sewer Authority ("RWSA") owns a sanitary sewer collection line known as the Schenk's Branch Interceptor. The line begins on the east side of McIntire Road across from the parking lot for the Albemarle County Office Building, and continues along McIntire Road, under the Rt. 250 Bypass, through McIntire Park and ultimately connects to RWSA's Meadow Creek Interceptor in Albemarle County. The Schenk's Branch Interceptor was originally owned by the City, but was a part of the wastewater infrastructure sold to RWSA pursuant to the 1973 Four Party Agreement between the City, Albemarle County, the Albemarle County Service Authority and RWSA.

The entire Schenk's Branch Interceptor is approximately 7,000 linear feet, with all flows through the line originating within the City. As part of RWSA's replacement and upgrade of the Meadow Creek Interceptor (which collects flows from both the City and County) RWSA will be replacing and upgrading approximately 575 linear feet of the Schenk's Branch line. An additional 1,250 linear feet of the line will be relocated and replaced by the Virginia Department of Transportation ("VDOT") to accommodate the construction of McIntire Road Extended. The proposed relocation by VDOT provides an opportunity for the City to have this portion of the line enlarged, with VDOT paying the majority of the relocation costs and the City paying the additional costs for the larger line.

Discussion: Since the portion of the line that is being relocated by VDOT will continue to cross City-owned property (beginning in McIntire Park and ending near Melbourne Road) RWSA will require a permanent easement from the City for the new location of the line. The area of the permanent easement is outlined in red on the plats with the proposed deed, a copy of which is attached. The granting of the permanent easement to RWSA has been advertised for a public hearing, and will require the adoption of the attached ordinance following two readings.

Alternatives: City Council may decline to adopt the ordinance for a permanent easement for the relocated sewer line.

Budget Impact: As with all project costs for McIntire Road Extended the City will be responsible for 5% of the costs of the relocation of the Schenk's Branch Interceptor. The City will be responsible for 100% of the costs associated with increasing the size of the line.

Recommendation: Staff recommends approval of the attached ordinance granting RWSA a permanent easement for the relocated Schenk's Branch Interceptor.

Attachments:
Proposed ordinance granting a permanent easement to RWS
Proposed deed of easement with plats attached

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Attachment: Proposed ordinance granting a permanent easement to RWS

AN ORDINANCE
GRANTING A PERMANENT EASEMENT TO THE
RIVANNA WATER AND SEWER AUTHORITY FOR THE
RELOCATION AND ENLARGEMENT OF THE
SCHENK'S BRANCH SEWER INTERCEPTOR.

WHEREAS, the Rivanna Water and Sewer Authority ("RWSA") has requested the City of Charlottesville to grant a permanent easement across a portion of McIntire Park and on City-owned property between the Park and Melbourne Road, as shown on the highway plan sheets 4 and 5 of the Virginia Department of Transportation, for VDOT Project No. UOOO-104-102, RW-201, C501; and,

WHEREAS, the proposed easement will allow for the relocation and enlargement of a portion of the Schenk's Branch Interceptor, a sewer collection line owned by RWSA and serving City residents; and,

WHEREAS, in accordance with Virginia Code º15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the conveyance of this easement; and

WHEREAS, City staff have reviewed the request and have no objection to the conveyance of said easement to RWSA.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is hereby authorized to execute one or more Deeds of Easement and such other documents as may be requested by RWSA, in form approved by the City Attorney, to convey the above-described easement to the Rivanna Water and Sewer Authority.

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This document was prepared by:
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, Virginia 22902

City of Charlottesville Tax Map and Parcel Numbers 450001000, 460001200, 460003000 Albemarle County 'Tax Map and Parcel Number 06100-00-00-193A0

This DEED OF EASEMENT, made this 3rd day of November, 2008, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantor ("Property Owner"), and RIVANNA WATER AND SEWER AUTHORITY, a body politic and corporate created pursuant to the Virginia Water and Waste Authorities Act, whose address is 695 Moores Creek Lane, Charlottesville, Virginia 22902, Grantee (the "Authority").

WITNESSETH:

WHEREAS, the Property Owner has agreed to grant the Authority the easement shown and described on the plans for State Highway Project UOOO-104-102, RW-201, Parcels 001 and 004, Sheets 4 and 5, attached hereto and recorded herewith (the "Plat"); and

WHEREAS, as shown on the Plat, the proposed easement crosses a portion of the property conveyed to Property Owner by deeds recorded in the Clerk's Office of the Circuit Court of the City of Charlottesville in Deed Book 162, page 296, and Deed Book 338, page 530, and by deeds recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 192, pages 15 and 18, and Deed Book 526, page 238, and Property Owner is the fee simple owner of the said property as of the date hereof.

NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR ($l,OO) and other good and valuable consideration, the receipt of which is hereby acknowledged, Property Owner does hereby GRANT and CONVEY with GENERAL WARRANTY of TITLE unto the Authority a perpetual right of way and easement to construct, install, operate, maintain, repair, replace, relocate and extend a sewer line consisting of pipes, equipment, and appurtenances to such pipes and equipment, over, under and across the real property of Property Owner located in the City of Charlottesville, Virginia, and the County of Albemarle, Virginia, and to access any other adjacent easement held by the Authority, the location and width of the easement hereby granted and the boundaries of the property being more particularly described and shown on the Plat as Sanitary Sewer Easement (the "Sewer Easement"). Reference is made to the Plat for the exact location and dimension of the Sewer Easement hereby granted and the property over which the same crosses.

Easement Obstructions

Property Owner, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be located within the Sewer Easement. The Sewer Easement shall include the right of the Authority to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer line installation, operation and maintenance. The Authority shall have no responsibility to Property Owner, its successors or assigns, to replace or reimburse the cost of trees, brush, shrubbery, or other obstructions located in the Sewer Easement if cut or removed or otherwise damaged.

Easement Access and Maintenance

As part of the Sewer Easement the Authority shall have the right to enter upon the above-described property within the Sewer Easement for the purpose of installing, constructing, operating, maintaining, repairing, replacing, relocating and extending the above-described sewer line and appurtenances thereto, within the Sewer Easement; and in addition, the Authority shall have the right of ingress and egress thereto as reasonably necessary to construct, install, operate, maintain, repair, replace, relocate and extend such sewer lines. If the Authority is unable to reasonably exercise the right of ingress and egress over the right-of-way, the Authority shall have the right of ingress and egress over the property of Property Owner adjacent to the right-of-way, and shall restore surface conditions of such property adjacent to the right-of-way as nearly as practical to the same condition as prior to the Authority's exercise of such right.

Excavation

Whenever it is necessary to excavate earth within the Sewer Easement, the Authority agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation.

Ownership of Facilities

The facilities constructed within the Sewer Easement shall be the property of the Authority, its successors and assigns, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the Sewer Easement as are consistent with the purposes expressed herein.

Note: plat not attached - is being reworked.

City Council agenda item on granting a permanent easement to RWSA deferred

Item number 4 on the August 17, 2009 City Council agenda that was to be a public hearing on granting a permanenet easement to Rivanna Water and Sewer Authority in McIntire Park as part of the McIntire Road Extended project has been deferred to a future council meeting. Apparently the VDOT plan that showed the area proposed for the permanent easement was not correct and a revised plan will be prepared, a new date scheduled, and a new legal public notice posted in the Daily Progress at least one week prior to the hearing date. I believe that every effort will be made to hold this hearing at the first council meeting in September, so plan now to share your thoughts on this action with council. Note that granting this easement may be inconsistent with the Virginia Constitution of Virginia (Article VII - Section 9). I will provide the text of the staff report and the VDOT plan that was prepared for the now deferred action in the very near future. So, check back in a few days.

The item is listed on the city website (August 17, 2009 agenda with background) with the following information only - and no background material was posted:

4. PUBLIC HEARING ORDINANCE*

Schenk’s Branch Interceptor Project – Easement to Rivanna Water & Sewer Authority (through McIntire Park)

(1st of 2 readings) (DEFERRED)

Public Hearing on granting a permanent easement to RWSA for McIntire Road Extended project on Aug. 17

The legal notice provided below was published in the Sunday, Aug. 9, 2009 Daily Progress. City Council has previously only authorized temporary easements to be granted as part of the McIntire Road Extended roadway project that is proposed to use significant parkland in McIntire Park. Rivanna Water and Sewer Authority (RWSA) is requesting a permanent easement for relocation of utility lines. City Council has appeared reluctant in the past to grant permanent easements in McIntire Park. An Attorney General Opinion requested by the city attorney several years ago stated that granting of a permanent easement would not be in compliance with the Virginia Constitution. I have not seen the request for easement or the staff report that will be presented to council in their August 17, 2009 council meeting agenda packet, but should be provided a copy in the very near future. Don't be shy about expressing your opinion on putting roadways through McIntire Park. Interestingly, neither the McIntire Road Extended project nor the Meadowcreek Parkway (of which McIntire Road Extended is one of three components) is mentioned by name - only project number - in the legal notice.

LEGAL NOTICE

On Monday, August 17, 2009 at 7:00 p.m. the Charlottesville City Council will hold a public hearing in the Council Chambers of City Hall, 605 East Main Street, Charlottesville, VA regarding the conveyance by the City of a permanent utility easement to the Rivanna Water and Sewer Authority (RWSA) for sanitary sewer line facilities. The proposed easement is located on property know as McIntire Park and identified on City Real Property Tax Map 45 as Parcel 1, and on Tax Map 46 as Parcel 2. All of the easements are shown on plan sheets 4 and 5 of Virginia Department of Transportation Project No. U000-104-102, RW-201, C501, dated 10-30-08. Any person may appear at the public hearing to express their views on the proposed conveyance. A copy of the full text of the Ordinance authorizing the conveyance and the above-referenced VDOT plan sheets indicating the boundaries of the easements are available for inspection in the Charlottesville City Attorney's Office.

Deeds - McDonnell debate video now online

The first debate between gubernatorial candidates CreighDeeds and Bob McDonnell held on July 25, 2009 is now available online at http://www.virginiatalks.com/. The debate was sponsored by the Virginia Bar Association and held at the Homstead Resort in Bath County. The debate video runs just over one hour. Virgnia Talks also has video interviews with key campaign staff, candidate supporters and political analysts under the heading "More Videos and Interviews" for easy viewing.

Will the fountains on the downtown mall soon be working?

Work is in progress on the Charlottesville downtown mall fountains. I saw some plumbing work going on at the fountain by The Nook yesterday and some other work at the fountain at Miller's today. The pace of the project hasn't been very quick. And even though the photo I shot today looks like the action was too fast for my camera, I actually shook my camera as I shot the photo. But I like the "frantic activity" look of the photo and only wish it were true.

This work is part of the mall renovation project touted as being on-time and under-budget weeks ago.

I am looking forward to the fountains operating again. I am sure there is a sizable population of people living in Charlottesville who have never even had an opportunity to see the fountains working. The fountain at Central Place doesn't appear to have been worked on in many weeks. Anyone want to venture a guess when all four of the fountains will be operating? Let me know what date (or month or year if you believe one of those is a better timeframe) when the final fountain goes online. I will post the name of the person who submits the closest estimate to the actual date along with any comment they include with their guess.

Political Mondays with Peter Kleeman and Joe Thomas air on WCAV TV-19

I was invited to be part of a revised format for "Political Mondays" on WCAV TV-19. Local radio talk-show host Joe Thomas (WCHV AM-1260) had been the sole participant until the July 20 broadcast. The new format is to have both Joe Thomas and I offer a topic for discussion and the other person an opportunity to add their thoughts on the subject. Rather than explain how this worked out, I invite you to watch the short (around 5 minute) segments currently online. I have provided the topics discussed (and who presented the topic in parentheses) for each of the broadcasts. Simply click on the date of broadcast to get to the WCAV site for viewing. There is a short commercial before the podcast is shown. Dan Schutte of TV-19 News moderates the conversation - and on August 3, Dan Schutte posed the issue of the Federal Cash for Clunkers program in place of my "Funding for Transportation in Virginia" topic because of time consideration. Joe Thomas invited me to have the discussion on funding transportation at 7:00 am today on the Joe Thomas "In-The-Morning" show.

I find it a challenge to get to the heart of a major issue in a minute or two, but I hope I get better at this with practice. I am delighted to have an opportunity to present my thoughts to the TV-19 audience, and hope you will tune-in to the live broadcasts on Mondays starting about 6:40 pm on TV-19. And, don't hesitate to share your thoughts on the show or my comments.

August 3, 2009: Topics: Fraudulent letters sent to Rep. Tom Perriello (Joe Thomas); Federal Cash for Clunkers program (Dan Schutte).

July 27, 2009: Topics: Fifty-year water supply plan (Peter Kleeman); Virgil Goode, Jr. not seeking US Congressional seat in 2010 (Joe Thomas).

July 20, 2009: Topics: Charlottesville rally against healthcare proposals (Joe Thomas); US Army Corps of Engineers letter denying permit to construct McIntire Road Extended (Peter Kleeman).