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HomeMy WebLinkAbout1982-01-13January 13, 1982 (Regular Day Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 13, 1982, at 9:00 A.M., Meeting Room Number Seven, Albemarle County Office Building, 401 McIntire Road, Charlottesville,'Virginia. BOARD MEMBERS PRESENT: Mr. James R. Butler, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Miss Ellen V. Nash. OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; Frederick W. Payne, Deputy County Attorney; and J. Ashley Williams, Acting County Engineer. Agenda Item No. 1. Call To Order. the Chairman, Gerald E. Fisher. At 9:09 A.M., the meeting was called to order by Agenda Item No. 2. Consent Agenda. Mr. Agnor presented a four item consent agenda for the Board's consideration and vote. Mr. Agnor requested the Board to take special notice of informational item 5e, regarding an amendment to the Albemarle County Service Authority's rules and regulations, specifically, off-site water and sanitary sewer line extension costs. Motion for approval of the consent agenda (detailed below), was offered by Mr. Lindstrom, seconded by Miss Nash and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Ztem No. 2.1 Consent Agenda: Statements of Expenses of the Director of Finance, Sheriff, Commonwealth's Attorney and Jail for December, 1981, were approved as presented. Agenda Item No. 2.2. Consent Agenda: Statements of Expenses incurred in the maintenance and operation of the Regional Jail for December, 1981, along with summary statement of prisoner days and statements of salaries of the paramedics and jail physician, were presented and approved. Agenda Item No. 2.3. Consent Agenda: Report of the Department of Social Services for November, 1981, was received in accordance with Virginia Code Section 63 1-52 as information. Agenda Item No. 2.4. Consent Agenda Lottery Permits: Agenda Item No. 2.4a. Lottery Permit. A lottery permit request from the Charlottesville. Albemarle Technical Education Center for a raffle on February 13, 1982, was presented and approved in accordance with the Board's adopted rules and reg~ulations for the issuance of same. Agenda Item No. 2.4b. Lottery Permit. A lottery permit request from the Seminole Trail Volunteer Fire Department for bingo and raffles for the .calendar year~1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.4c. Lottery Permit. A lottery permit request from the Claudius Crozet Park for bingo and raffles during May, 1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.4d. Lottery Permit. A lottery permit request from the East Rivanna Volunteer Fire Company for bingo and raffles for the calendar year 1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.4e. Lottery Permit. A lottery permit request from the Western Albemarle High School Booster's Club for bingo and raffles for the calendar year 1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.4f. Lottery Permit. A lottery permit request from the Dogwood Festival Board of Directors for bingo and raffles for February 4, 1982, and April 8, 1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.4g. Lottery Permit. A lottery permit request from the Crozet Volunteer Fire Department for bingo and raffles for July, 1982, was presented and approved in accordance with the Board's adopted rules and regulations for the issuance of same. Agenda Item No. 2.5. Consent Agenda, Letters received as Information: Agenda Item No. 2.5a. Letter dated December 23, 1981, from Harold C. King, Commissioner of the Virginia Department of Highways and Transportation, regarding-the designation of Route 250 in Albemarle and Nelson Counties as a Virginia Byway; was received as information as follows: January 13, 1982 (Regular Day Meeting) "This is to advise you that on December 17, 1981, the Virginia Highway and Transportation Commission passed a resolution making Route 250 in Albemarle and Nelson Counties a Virginia Byway." Agenda Item No. 2.5b. Letter dated December 23, 1981, from D. S. Roosevelt, Resident Engineer of the Virginia Department of Highways and Transportation, regarding Route 649, (Project: 0649-002-205,C501) was received as information as follows: "This is to advise that on December 17, 1981, the State Highways and Trans- portation Commission took action to allocate $150,000 for the improvement of access to the Charlottesville-Albemarle Airport. This action is in accordance with the Board of Supervisors' request by resolution dated June 10, 1981. The allocation made by the Commission will be used to improve the horizontal and vertical curve located on Route 649 within the first one half mile west from its intersection with Route 29. For your further information I have included a copy of the Commission's resolution concerning this matter. You will note that this allocation is contingent upon the necessary right of way and adjustment of utilities being provided at no cost to the airport access fund. Verbal committment has been received from the airport board to support these costs. I am by copy of this letter to Mr. C. M. Boggs making him aware of the Commission's action. Contacts concerning right of way and utility costs will be made through Mr. Boggs' office." Agenda Item No. 2.5c. Letter dated December 23, 1981, from D. S. Roosevelt, Resident Engineer of the Virginia Department of Highways and Transportation, regarding Industrial Access Fund request from State Farm Insurance Company, was received as information as follows: "By resolution dated October 10, 1979, the Albemarle County Board of Supervisors requested industrial access funds for the improvement of State Farm Boulevard and the addition of this road to the state secondary system. On December 17, 1981, the Highway Transportation Commission considered this request. The request has been denied since the road does not serve a qualifying industry. I have attached a copy of the Commission's resolution for your information." Agenda Item No. 2.5d. Letter received December 23, 1981, from J. H. Kesterson of the Virginia Department of Highways and Transportation, regarding the Meadows, was received as information as follows: "This is to advise that the Resolution adopted by the Board to cover the $3,750.00 bond for the above-referenced subdivision is no longer needed. The street has performed satisfactorily for a period of one year since its acceptance into the State Secondary Road System." Agenda Item No. 2.5e. Letter dated January 5, 1982, from J. W. Brent, Executive Director of the Albemarle County Service Authority, rogarding the Service Authority's Rules and Regulations and changes made recently pertaining to off-site water and sanitary sewer line extension costs, was received as infomation and summarized as follows: "The substance of these changes is that developers may now recover up to 100% of their off-site water and sanitary sewer line extension costs in the form of credits toward availability and connection fees charged by the Authority. Previously, credits were limited to 25% of off-site water line costs and none were given for off-site sewer extensions. It is ~our hope that by increasing these credits we can encourage the expansion of water and sewer lines within our jurisdictional areas. More immediate, one-time revenue (availability and connection fees) is being given up in anticipation of faster growth in the number of continuous revenue producers. Since the jurisdictional boundaries of the Service Authority now basically conform to the growth areas in the County's Comprehensive Plan, this amended policy may serve as a stimulus in attractinggrowth within these designated areas." Agenda Item No. 2.5f. Memorandum dated January 5, 1982, from Mr. Guy B. Agnor, Jr., County Executive, to Dr. Carlos Gutierrez, Superintendent of County Schools, regarding local fund revenue projections for the 1982-83 budget, was presented as information only, and is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No. 2.5g. Memorandum dated December 8, 1981, from the VACO/VML Steering Committee to all counties served by Appalachian Power Company, regarding proposed electric rate increases. The essence of this memorandum is summarized in the'following two paragraphs "Based on studies and analyses made by the Committee's consultant, the Steering Committee has concluded that a 13% increase in base rates, ex- cluding fuel, will produce a fair return to APCO. This 13% added to previous annual increases will amount to a total increase of 37% since July 1, 1978, during which period the Consumer Price Index has increased appro- ximately 33%. Moreover, the Consumer Price Index includes the cost of fuel which localities have paid to APC0 in addition to the base rate. Januar~yl3 1982 (Re_ul~r Da_y__Meeting~) Accordingly, the Steering Committee recommends and urges that localities not sign the new APC0 contracts and that they do not pay the new rates proposed by APCO. You will be receiving within the next 10 days the Steering Committee's recommended rate schedule based on a 13% increase." Agenda Item No. 2.5h. A letter dated January 11, 1982, from Robert R. Jacobsen, Superintendent of the Shenandoah National Park, United States National Park Service, containing a "Summary of Public Response" for the Environmental Assessment for Shenandoah National Park, is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No. 2.5i. The Virginia Department of Highways and Transportation Commission 74th Annual Report on highways and related transportation revenue situations and the six- year critical improvement program, is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No 2.6. Consent Agenda. Notices from Public Utilities: Agenda Item No. 2.6a. Notice from The Potomac Edison Company, dated December 21, 1981, regarding an increase in its rates for electric service, was received as information and is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No. 2.6b. Notice from the law offices of Hall and Hall, dated December 28, 1981, regarding the application of Nancy H. Nagle, Transferor and Nancy Nagle Tours, Inc.~ Transferee Case No. MCS810078, was received as information and is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No. 2.6c. Notice from Virginia Electric and Power Company, dated December 21, 1981, regarding the public hearing of Vepco's tariff filing for the purchase of electrical energy and capacity from qualified cogenerators and small power producers, was received as information and is on permanent file in the office of the Clerk to the Board of Supervisors. Agenda Item No. 3. Approval of Minutes: March 11, March 18, April 1, and April 8, 1981. Miss Nash reported one correction for the minutes of the meeting of March 11,-1981, that being page 139, the word incorrectly spelled as "agreementious year." should actually read "agreement of the previous year." Mr. Henley reported no errors or changes in the Minutes of March 18, 1981. Mr. Lindstrom noted four corrections for the minutes of the meeting of April 1, 1981, as follows: Page 156, the word "term" should be inserted between the words "long" and "investment". Page 158, sentence should actually read "He would still quarrel with the concept that there is no money because money can always be raised through a tax increase." Page 158, sentence should actually read "fund this county during an inflationary time because it takes advantage of an artificial .... " Page 159, sentence should actually read "County's contention and that the error should be corrected' in the County's favor." Mr. Fisher noted two corrections for the minutes of the meeting of April 8, 1981, as follows: 1. Page 161, the resolution on Route 637, the word "property" should actually be "project". Page 165, last word on the page should be !'detected" rather than "deleted". Motion was offered by Mr. Lindstrom, seconded by Mr. Henley, to approve the minutes of March 11, March 18, April 1 and April 8, 1981, as corrected. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: NOne. ABSTAIN: Mr. Butler and Mrs. Cooke. Mr. Fisher said as a follow-up to items mentioned in the April 8, 1981, set of minutes, he did not ever recall seeing the Road Viewers report as requested under Highway Matters and also questioned if the Board of Supervisors had ever adopted~the Virginia Erosion and Sedimentation Control Handbook. Mr. Fisher requested Mr. Agnor to check on these two items and report back to the Board. January 13, 1982 (Regular Day Meeting) Agenda Item No. 4ao Highway Matters, Discussion: Highway Financial Problems. Present were Messrs. D. S. Roosevelt, Resident Engineer and D. B. Hope, District Engineer, Depart- ment of Highways and Transportation. Mr. Hope presented a written presentation and slide show indicating the present and near future financial situation of the Virginia Department of Highways and TranspOrtation. (Note: Documents on permanent file in the office of the Clerk to the Board of Supervisors.) Mr. Hope noted that a study has been conducted by the Joint Legislative and Audit Review Commission concerning the short-fall of revenues which has been consistently increasing over the last few years. Mr. Hope explained the different ways in which the Highway Department has attempted to offset those shortfalls through decreasing staff and by an increase in gasoline taxes (granted by the General Assembly in 1980). Mr. Hope presented charts to the Board Showing dollar figures for highway programs through the year 1988, including the critical improvements program, allocations to the secondary highway system, and primary construction program. Lastly Mr. Hope made a slide presentation graphically illustrating the financial condition of the highway system as it relates to the physical condition of the roads.° Mr. Fisher asked if the Highway Commission has made any recommendations to the 1982 Session of the General Assembly to try and improve the financial status of the Highway Department. Mr. Hope indicated that JLARC has made recommendations, but that the Commission has not. There were no other questions by the Board of Supervisors, and Mr. Hope was thanked for his presentation. Agenda Item No. 4b. Highway Matters: Request re: Hatton Ferry. Mr. D. S. Roosevelt referred to his letter of January 7, 1982, to Mr. Gerald E. Fisher, which reads as follows: "In 1973 the Department considered closing the ferry across the James River located at Hatton. At that time our justification for closing was that the low usage could not justify the high cost of oPeration especially when an adequate modern bridge crossing the James was located less than four miles downstream. The Department agreed to retain the ferry only after Albemarle County agreed to support the full cost of its operation out of'funds designated for the secondary system within the County. In 1973 all funds for maintenance and improvement of the secondary system were allocated to counties on a lump sum basis. Therefore, the County's offer to support the cost of the ferry removed this burden of cost from all other counties in the state. Changes in the Code concerning allocations to the secondary system have occurred since that time however. Funds for maintenance are now allocated to each county on the basis of maintenance formulas and these funds are distributed separately from improvement funds. This means' that funds allocated to Albemarle County for maintenance include a certain amount for support of the Hatton Ferry. This amount in turn reduces the amount of improvement funds available for distribution to the other counties. The Department has again reviewed the use and service of the Hatton Ferry. We find that conditions are no different today than they were in 1973. Costs however have more than doubled and are now in the range of $20,000 per year. The Department feels that distributing this cost to the other counties of Virginia, however small and indirect this may be, is improper. Unless Albemarle County is prepared to support the continued operation of the ferry from the secondary improvement funds allocated directly to the County, the Department feels it must take steps to eliminate this expense. Among our options would be the closing of the ferrY." Mr. Lindstrom asked the approximate number of trips per day made by the Ferry. Mr. Roosevelt said three or four and that none were considered essential to the passengers' livelihood. Mr. Roosevelt added that use by passengers was higher but only totaled approximately 700 trips per year. Mr. Fisher noted that in 1973 this matter was brought before the Board and there was significant public support for continuing operation of the ferry. Miss Nash asked if a private contractor could take over the operation of the ferry. Mr. Roosevelt said possibly a parks department or other state agency, but doubted if a totally private contractor would be interested. Miss Nash then offered motion to hold a public hearing ~n order to receive public comments on whether or not the Hat,on Ferry should remain in operation, and how to fund such operations. Miss Nash felt a meeting at the Walton School at 7:30 P.M. on April 7, 198~, would be appropriate and wished the motion to reflect that time and location. The motion was seconded by Mr. Lindstrom and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None Agenda Item No. 4c. Highway Matters: Discussion; Subdivision Roads Not in the State System. Mr. J. Ashley Williams, Acting County Engineer, was present and reviewed roads in the urban area of the County which are not presently in the State SecondarY System. Mr. Williams said in Category One (roads designed for State acceptance but not yet in the system) are: Clark and Shady Lanes in Carrsbrook Subdivision, Wakefield Road in North- fields Subdivision, Greenfields Court, Penn Park Lane and Rockbrook Drive. Category Two Roads (approved plans but not completed to specifications) are: Berkshire Road, Greenbrier Drive, ?eyton Drive and Broadway Drive. Mr. Fisher asked if there is any specific reason why these roads are not being accepted into the State System and if there is anything the County can do to facilitate their acceptance. Mr. Agnor said most of these roads were constructed before the County had the present bonding requirements to insure completion and acceptance of the road. Mr. Agnor said if the Board is interested in getting these roads into the State System, he would recommend reviewing each road on a case-by-case basis and most likely funding some of the necessary improvements to meet State regulations. Mr. Fisher asked the Board's opinion of the County financially helping improve these roads in order that they be taken into the Secondary System. Mr. Lindstrom said if the County January 13, 1982 (Regular Day Meeting) decides to finance one project, a precedent has been set and it will be difficult to refuse financial help in all future cases. Miss Nash said many roads which are not in the urban area are also in the same situation. Mr. Fisher expressed concern that some sub- divisions may wish to "undedicate" roads which have previously been dedicated to public use prior to acceptance into the State Highway System. Mr. Fisher said the full ramifi- cations of such an action are unknown. Motion was then offered by Mr. Lindstrom for the staff to prepare a financial estimate of the costs involved in bringing subdivision roads in the urban area to completion for state acceptance. The motion was seconded by Miss Nash. Mr. Henley said he would vote for the motion, but had no idea if he would ever support the County financing such pro- jects. There were no other comments. Roll was called and the motion carried-by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda item No. 5. Public Hearing to consider a resolution of intent to amend the project areas map of the Albemarle County Service Authority to include Spring Hill in the Service Authority's water utility system. (Advertised in the Daily Progress on December 30, 1981, and January 6, 1982.) Mr. Tucker read the Planning Staff report as follows: "The owner of Spring Hill (Tax Map 58, Parcels 95 and 96) has requested that the entire 674.67 acres be included in the Albemarle County Service Authority's service area for public water. While a portion of the property is within the Ivy village as described in the Comprehensive Plan, much of Spring Hill is outside the growth area. In September, 1980, the Board substantially amended the Albemarle County Service Authority service areas in order to bring their boundaries into compliance with growth area boundaries. In view of this action, staff would recommend that only those portions of Spring Hill approved for development under the RA special permit procedure be incorporated into the Albemarle County Service Authority water service area for Ivy." ~ Mr. Fisher declared the public hearing opened. There being no one present wishing to speak either for or against this proposed amendment, Mr. Fisher declared the public hearing closed. Motion was then offered by Mr. Lindstrom to amend the project areas~map of the Albemarle County Service Authority to include only those portions of Spring Hill approved for development under the RA special permit procedure to be incorporated into the Albemarle County Service Authority's water service area for Ivy. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Item No. 6. Public Hearing for the adoption of an ordinance to vacate the plats of Section One and Section Two, Miran Forest Subdivision and to reapprove the plats of Section One and Section Two, Miran Forest. (Advertised on December 30, 1981, and January 6, 1982, in the Daily Progress.) Mr. Fisher declared the public hearing opened and first to speak was Mr. Nicholas Munger, attorney representing property owners in Miran Forest Subdivision. He said this ordinance is to vacate plats for Miran Forest, Sections One and Two. Mr. Munger said originally this procedure was attempted by simply signing an agreement by all interested parties involved, but due to a legal technicality concerning the authority of one of the signatory's, the titles to the property were questioned. Mr. Munger said the wording of this ordinance was worked out between his office and the office of the County Attorney, and he hoped the Board would approve same at this time. Dr. Samuel D. Caughron said he hoped the Board would approve this ordinance because the defect caused by the improper signatures on documents has kept him from obtaining title insurance for his land. No one else was present wishing to speak either for or against this proposed ordinance and Mr. Fisher declared the public hearing closed. Motion was offered by Mr. Lindstrom to adopt the following ordinance: AN ORDINANCE TO VACATE THE PLATS OF SECTION ONE AND SECTION TWO, MIRAN FOREST SUBDIVISION, OF RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY IN DEED BOOK 677, PAGE 23 (SECTION ONE) AND DEED BOOK 689, PAGE 734 (SECTION TWO) WHEREAS, a certain tract or parcel of land lying in the Samuel Miller District of Albemarle County, Virginia, has heretofore been subdivided under the name of Miran Forest, with the original plat of Section One, Miran Forest, recorded along with a Declaration of Covenants and Restric- tions in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 677, beginning at Page 14, and the original plat of Section Two, Miran Forest, recorded in said Clerk's Office in Deed Book 689, beginning at Page 7~4: and January 13, 1982 [Regular Day Meeting) WHEREAS, subsequent to the sale of lots within Section One and Section Two, Miran Forest, the owners of said lots joined in an Agreement, recorded in said Clerk's Office in Deed Book 700, Page 10, consenting to the revision of Lots 1, 11, 21, 22 and 23 of Section One and Lots 9, 13 and 14 of Section Two, as shown on the revised plats entitled "Section One-Miran Forest" and "Miran Forest-Section Two" which plats were'approved by the Albemarle County Planning Commission, signed on behalf of the Albemarle County Board of Supervisors and recorded in said Clerk's Office in Deed Book 700, beginning at Page 15; and WHEREAS, the aforesaid Agreement recorded in Deed Book 700, Page 10, did not properly conform to the requirements set forth in Section 15.1- 482(a) of the Code of Virginia (1950), as amended, for the vacation of plat after the sale of a lot, in that said Agreement: (a) failed clearly to state that it was joined in by all the owners of lots shown on the original plats for the purpose of vacating said plats; (b) was not signed on behalf of the Albemarle County Board of Super- visors to evidence the approval by the Board of Supervisors of the vacation of the original plats of Miran.Forest; (c) failed to indicate whether said Agreement was joined in by all lien creditors secured by recorded deeds of trust; and (d) was signed on behalf of Duntree Limited Partnership, one of the lot owners, prior to the recordation of the Certificate of Limited Partnership required by Title 50 of the Code of Virginia, and was signed on behalf of said Limited Partnership by a Managing General Partner not properly designated and constituted in that capacity by the partnership documents; and WHEREAS, as a result of said defects in the Agreement purporting to vacate the original plats of Miran Forest,~'there has arisen an objection to the chain of titlle to said lots, although the actual revision of said lots shown on the plats in Deed Book 700, Pages 15-32 is correct as recorded and approved by the Albemarle County Board of Supervisors; and WHEREAS, Duntree Limited Partnership and Martin P. Albert and Barbara K. Albert, owners of lots within Miran Forest Subdivision, have petitioned the Board of County Supervisors of Albemarle County, pursuant to Section 15.1-482(b), to vacate said original plats recorded in Deed Book 677, Page 23 (Section One) and Deed Book 689, Page 734 (Section Two). NOW, THEREFORE, BE IT ORDAINED by the Board of County Supervisors of Albemarle County, Virginia, as follows: Section 1. That the subdivision plats of Miran Forest appearing of record in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 677, beginning at Page 23 (Section One) and Deed Book 689, beginning at Page 734 (Section Two) be, and the same hereby are, vacated. Section 2. Pursuant to Section 15.1-485 of the Code of Virginia (1950), as amended, the Clerk of the Circuit Court of Albemarle County, Virginia, shall write in plain legible letters across the plats vacated as aforesaid the word "VACATED", and also shall make reference on the same to the volume and page in which the approved plats of Miran Forest are recorded. Section 3. Such vacation of the aforesaid plats shall be effective on January 13, 1982. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Mr..Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item No. 4d. Resolution for the Abandonment of a portion of Route 641. Mr. Fisher said this is to adopt a resolution which will abandon a portion of Route 641 which went directly through the barnyard of Mr. Spencer Young. He noted that a new section of road was constructed by Mr. Young and approved by the Highway Department to replace this portion to be abandoned. There was no one present wishing to speak either for or against this proposed road abandonment, and motion was offered by Mr. Lindstrom to adopt the following resolution: WHEREAS, Secondary Route 641, from 0.54 miles east of Route 20 to 0.80 miles east of Route 20, a distance of 0.26 miles, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered. AYES: NAYS: NOW, THEREFORE, BE IT RESOLVED: That Secondary Route 641 be, and the same hereby is, abandoned as a public road from 0.54 miles east of Route 20 to 0.80 miles east of Route 20, a distance of 0.26 miles, pursuant to Section 33.1-155 of the Code of Virginia of 1950, as amended. The motion was seconded by Mr. Henley and carried by the following recorded vote: Mr. Butler~ Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Janaury 13, 1982 (Regular Day Meeting) Agenda Item No.4e. Naming of Old Ballard Road. Mr. Agnor said a petition was received, dated October 1, 1981, signed by the residents of Route 677, requesting that this road from State Route 676 to Brooml~y Road be officially named Oid Ballard Road, in order to received permanent house numbers and mailing addresses from the Post Office. Mr. Lindstrom asked how the house numbers are assigned in an area where development is not yet complete. Mr. Agnor said the Planning Department assigns those numbers after carefuliy estimating the number of potential homes in future developments, using the current zoning of the property. Motion was then offered by Mr. Lindstrom to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the name of State Route 677, from State Route 676 to Broomley Road, be changed henceforth to Old Ballard Road. The motion was seconded by Mrs. Cooke and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Item No. 4f. Other Highway Matters. Mr. Dan Roosevelt of the Virginia Depart- ment of Highways and Transportation presented copies of the lastest Albemarle County secondary road maps to Board members. Mr. Lindstrom asked Mr. Ashley Williams about the status of obtaining the right-of- way necessary along Georgetown Road for the pedestrian path. Mr. Williams said he has presented papers to Mrs. Gay Blair Hathaway. which she has in turn given to her attorney for consideration. Mr. Williams said he will check back with her on January 15th for her decision. Agenda Item No. 7. Request for Approval of Flood Protection Project at Scottsville School Property. Mr. Agnor noted receipt of a letter dated November 4, 1981, from Mr. Stewart W. Hubbell of the firm Mattern and Craig, consulting engineers in charge of the Scottsville Flood Protection Facility as follows: "On behalf of the Town of Scottsville, Virginia, we are designing Flood Protection Facilities to protect the Town from the James River. As part of this project, it will be necessary to acquire a portion of the property owned by the School Board adjacent to the Scottsville School and the Town's Sewage lagoon. This land will be left open to be used as an infrequent, shallow ponding area. Also, as part of the project, it is proposed to raise the existing parking lot to elevation 273, and to pave the reworked area so that ponding water will not enter the lot. This will be done at no cost to the Board. Permission of the Board will be required for the Town to have this work done, and we hereby request this permission." Mr. J. Ashley Williams, Acting County Engineer, described the project and how it would affect the Old Scottsville School property. Mr. Fisher asked how this project would affect parking on the school property and also the sewage lagoon located in that area. Mr. Williams said the parking lot would still be usable and that the level of the sewage lagoon was high enough that it would not be adversely affected by any flooding. Mr. Fisher asked if it was necessary to actually transfer the land, or if an easement would suffice. Mr. Williams said the Town of Scottsville wan-ts to purchase the property. Mr. Fisher said he would prefer not to sell the land, but that an easement would be preferable because the County could retain control of the lands use. Mr. Agnor said he felt that point could be negotiated with the Town. (At 10:51 A.M., Mr. Lindstrom left the meeting) Mr. Agnor said the engineers and Town of Scottsville are only requesting permission at this time to continue with the conceptual designs for the project. Mr. Agnor said he would recommend that the Board's response to Scottsville state that there is no objection to continuing with the design plans, but that no decision has been reached by this Board to sell the property at the Scottsville School. Mr. Agnor said he would respond to Mr. Hubbell and the Town of Scottsville attorney, Mr. Lindsay G. Dorrier, Jr. about the Board's decision. Motion was affered by Miss Nash to write the consulting engineers and say that the Board of Supervisors is in agreement with the plans to construct the Flood Protection Facility, but that no commitment has been made at this time to sell the property. The motion was seconded by Mrs. Cooke. Mr. Frederick W. Payne, Deputy County Attorney, advised that there are other methods of conveying the land other than an easement. Mr. Fisher said the motion does not commit the County to an easement at this time, but does leave the matter open for future discussion. (At 10:57 A.M., Mr. Lindstrom returned to the meeting.) Roll was then called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Mr. Fisher noted that matters of this type would normally involve the Building and Properties Committee, of which Dr. Iachetta and Mr. McCann, former supervisors, were members. Mr. Fisher suggested that Miss Nash be made a member of this committ.ee due to the Scottsville property discussions, and that Mr. Butler replace Mr. Mc.Cann. This was agreeable to the other Board members. January 13, 1982 (Regular Day Meeting) Agenda Item No. 8. Lease of Old Real Estate Office. Mr. Agnor said he wished to keep the Board informed about the use of the 01d Real Estate office. Mr. Agnor said there are three potential tenants for that building, the Jefferson Area Board on Aging, Albemarle HOusing Improvement Program and the Support Enforcement Program, which is a division of the Virginia Social Services office. Mr. Agnor said it is felt the best way to prepare these leases is to charge on a square footage basis at $3.25 per square foot, and have the lesee pay their own utilities. Mr. Fisher asked about parking problems with three different agencies using that one building. Mr. Agnor said the parking spaces directly adjacent to the bUilding are presently being used by the Albemarle County Sheriff's patrol cars but that those cars could park in the back near the garage and then some of those spaces would be available for use by the agencies leasing the building. Mr. Agnor said there is some on-street parking available, and two public lots within short distance of that building. Mr. Fisher said he has heard that the 01d Jailer's house is being requested as a shelter for homeless and chronic alcoholics. Mr. Agnor said that is a proposed use if the Commonwealth establishes legislation to provide such homes for alcoholics. Agenda Item No. 9a. Special Appropriation--Parks. Mr. Agnor read the following memorandum dated December 11, 1981, from Mrs. Ray B. Jones: "The Parks and Recreation Department incurred $860.92 in expenses at the Ivy Creek Natural Area this fall. The City of Charlottesville reimbursed the County for one-half of its costs by check dated November 25, 1981, in the amount of $430.46. Our Parks Director has requested that the recovered costs be appropriated from the General Fund to: 7100-7001 Tools and Equipment $293.00 7100-5407 Repairs & Maintenance Supplies 137.00 $430.00 The City check was credited to the General Fund Revenue Code 11907.010, Other Recovered Cost." Motion was immediately offered by Mr. Lindstrom to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $430.00 be, and the same hereby is, appropriated from the General Fund and coded to the following codes for expenses incurred at the Ivy Creek Natural Area: 7100-7001 Tools and Equipment $293.00 7100-5407 Repairs & Maintenance Supplies 137.00 $430.00 The motion was seconded by Miss Nash and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cook, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Item No. 9b. Appropriation--Community Attention Home. following memorandum dated January 8, 1982, from Mr. Ray B. Jones: Mr. Agnor read the "There was $4,500 appropriated in the current budget for the Community Attention Home. This Home is operated by the City and provides residential care and counseling to youths assigned to it by the County Welfare Depart- ment. The charges are $669 per month or $21.99 per day per youth. As of November 30, there had been $4,878 charged to this account. Currently, we have two invoices for services totalling $1,511. As of January 1, 1982, two youths were in the Home from the County. In order to meet obligations through January an appropriation must be made from the General Fund in the amount of $3,250. Mr. Agnor and I will meet with the County Welfare Director to see if ,future funds should be provided through the State Department of Welfare. If not, I may have to come back for an additional appropriation at some later date." Mr. Agnor said he also wished to discuss the County's future intention of supporting this home for youths who are not eligible for funding through the Social Services Department Mr. Agnor said Mrs. Karen Morris, Director of Social Services, could not be present today for this discussion. Mr. Agnor reviewed this year's expenses for the Community Attention Home, and noted that with the two youths presently at the home, expenses for the remainder of this fiscal year would total $6,700. Mr. Agnor said if the Board wished, he could attempt to have Mrs. Morris and Judge Zehler of the Juvenile Court present next month to discuss the methods used in deciding who is sent to the Community Attention Home, and the means of funding those youths. Mr. Agnor noted that Judge Zehler decides in his court cases, youths which should receive counseling because of juvenile crimes. Mr. Agnor suggested that the Board at least appropriate sufficient funds to pay for youths in the Home through the end of-this month. Mr. Fisher noted that the figure of $670 per month seemed very high. Mr. Agnor said it i~ not only room and board~ but counseling services as well. Mr. Agnor noted that that figure is what is allowed under the Title XX Program. Mr. Agnor noted that compared to some other homes this figure is very reasonable. January 13, 1982 (Regular Day Meeting) Miss Nash said she would favor funding the Community Attention Home through the end of January and then have Judge Zehler and'Mrs. Morris present in February to discuss the future disposition. Motion was then offered by Mr. Lindstrom to adopt the following resoluti~on: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $3,250 be, and the same hereby is, appropriated from the General Fund and coded to 9103.3-5635, Community Attention Home. Mr. Lindstrom added to his motion that Mr. Agnor meet with Mrs. Morris and Judge Zehler and evaluate the situation and, if necessary, bring a report back to the Board in order to decide the funding for the Community Attention Home for the remainder of the fiscal year. Mr. Henley said since this program is basically run through the City of Charlottesville, the City most likely would like to see Albemarle County share in the expenses. Mr. Agnor said in speaking with the City Manager, Mr. Cole Hendrix, he said in total the County contributes almost $20,000 to this program and to withdraw would certainly cause financial pressures to the home. The motion was seconded by Miss Nash. Mr. Fisher said if he had to vote today, he would lean toward discontinuing financial support of the home at the end of January. Mr. Butler said the Community Attention Home is a kind of "half-way house". Mr. Fisher said he understands the use of the home, but is not sure how the taxpayers would react to paying the entire costs of youths not qualified for welfare, while only paying a portion of the costs for those youths under the welfare programs. Mr. Lindstrom said this will be happening more and more since President Reagan is eliminating more and more federally funded programs, and the responsibility for those programs is falling to the state and local governments. Mr. Fisher said if the County decides to continue funding the Attention Home, possibly some county eligibility guidelines could be established. There being no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item No. 10. Authorization to Combine Construction Funds into a Capital Project Fund. Mr. Ray B. Jones, Director of Finance, was present and summarized his memorandum of January 8, 1982 as follows: "The County.has maintained two separate funds for Capital Outlay as named above since the early 1970's. The purpose of the separation was due to the fact that the County had issued bonds in 1972 for the jail and various school projects and in 1975 for Western Albemarle High School. In order for the records to clearly indicate that the bond proceeds were being used for the dedicated purpose and not be subjected to the laws of "Arbitrage", the separation was meaningful. Arbitrage is basically the use of the proceeds and interest earned on investments of the proceeds for purposes other than those set out in the original bond resolution. If the bond proceeds or interest of the proceeds are used for some other purpose, the bonds lose their tax exempt status to the bondholders. Those projects are now complete and the bond proceeds were used as designated. Recent capital projects such as Scottsville Elementary, Red Hill and Albemarle High Schools have been funded from Literary Fund loans and local funds. The proceeds of Literary Fund borrowings are in the form of reim- bursements and not "up-front" money as is the case with bond issues. Because of this, Literary Fund loans are not subjected to the laws of Arbitrage. Therefore, the original need for this separation no longer exists. The maintenance of two separate capital improvement funds causes unnecessary complications in two areas: The first has to do with investment of unexpended balances of appropriations. Last year, eleven projects were being funded out of the School Construction Fund and eighteen projects were being funded out of the General Operating Capital Outlay Fund. The majority of the projects were completed or nearing completion during the year with the exception of Albemarle High School. It is much more difficult to determine the needs of money as to amounts and time of need when you have to maintain two separate funds and two separate cash accounts. This is especially true when the unexpended balances are invested only in $100,000+ increments for various time periods ranging from 14 days up to six months in most instances. It is difficult to make te time frames as to degree of progress by the contractor to coincide with the availability of cash. One contractor may be ahead of schedule and the other behind. With just one fund and one cash account, this could be done easily because one contractor'S delay may offset another that is ahead of schedule. The second problem has to do with the impact on the annual report (RSt2C Form) filed each year for Federal Revenue Sharing funds. The RS12C is the form that determines the local "Adjusted Taxes". Adjusted taxes are local revenues less monies used for school purposes. The higher the adjusted taxes the greater the amount of Revenue Sharing monies allocated to the County. Transferring money from the General Fund directly to a School Construction Fund creates the same impact as an expenditure during that year. On June 30, 1981, there was $2.4 million in unexpended appropri- ations in the School Capital projects funds. An unexpended balance this January 13, 1982 (Regular Day Meeting) large results in a significant reduction in the County's allocation of Revenue Sharing Funds for the next annual entitlement period October 1, 1982, through September 30, 1983. This problem is compounded by the large amount of monies appropriated late in the fiscal year for the renovations to Albemarle High School. Therefore, I request that the Board take official action, in the form of a resolution, to create only the capital improvement fund to be known as the "Capital Project Fund". After the Board adopts this resolution, necessary adjustments will be made to the general ledger. This problem will reoccur in June 1982, if the improvements proposed to take place this summer at Albemarle High School are approved as planned and nothing is done about this problem with bookkeeping procedures. This is a very technical issue and difficult to explain, but it is very significant as to investments and to see that the County receives its fair share of Revenue Sharing funds. This loss of revenue to the County could amount to thousands of dollars if no action is taken on this matter." Mr. Jones said if the Board chooses to adopt a resolution, he will submit same with the RS12C for this fiscal year in an effort to adjust this years finances to obtain more Revenue Sharing funds. Mr. Jack Farmer of the accounting firmof Robinson, Farmer and Cox was present. Mr. Farmer concurred with Mr. Jones' memorandum. Mr. Farmer added that since the future of Revenue Sharing funds beyond 1983 is questionable, this would maximize the return to the County up to that time. Mr. Fisher asked how the County could go back to a previous fiscal year and change the method of bookkeeping. Mr. Farmer said there would be no change in bookkeeping as of June 30, 1981; the only change made would be the way the funds were transferred from the General Fund to the School Construction Fund: rather than making that transfer, the transfer would be made to the Capital Projects Fund. Simultaneously, by going to July 1, the School Construction Fund will be eliminated for this fiscal year. Motion was then offered by Mr. Lindstrom to adopt the following resolution: BE IT RESOLVED that all resolutions made during the fiscal year ended June 30, 1981, transferring funds between the General Fund and the School Construction Fund be hereby amended, nunc pro tunc to read as follows: That the fiscal record of the County for the fiscal year ending June 30, 1981, be modified to reflect the transfers from the General Fund to the Capital Projects Fund and effective July 1, 1981, the School Construction Fund and General Operating Construction Fund be elim- inated and closed to the Capital Projects Fund. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Agenda Item No. 11. At 12:00 Noon, motion was offered by Mr. Lindstrom, seconded by Miss Nash, to adjourn into executive session for the purpose of discussing legal and personnel matters. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstorm and Miss Nash. None. At 4:10 P.M., the Board reconvened back into open session. (The County Office Building had closed down during the Board's executive session because of a near blizzard which was occurring. The last few unfinished items on the Board's agenda were transferred to another meeting date.) Motion was immediately offered by Mr. Lindstrom to adjourn to 2:00 P.M. on January 14, 1982, in Meeting Room #11 of the Albemarle County Office Building. The motion was seconded by Mrs. Cooke and carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None.