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HomeMy WebLinkAbout1980-12-17December 17, 1980 Regular Night Meeting 00I A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 17, 1980, at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia. Present: Messrs. Gerald E. Fisher, F. Anthony Iachetta, Layton R. McCann and Miss Ellen V. Nash. Absent: Messrs. J. T. Henley, Jr. and C. Timothy Lindstrom. Officers Present: County Executive, Mr. Guy B. Agnor, Jr.; County Attorney, Mr. George R. St. John; and County Planner, Mr. Robert W. Tucker, Jr. Agenda Item No. 1. The meeting was called to order at 7:39 P.M. by the Chairman, Mr. Fisher. He announced that the City-County negotiating committee on annexation is scheduled to meet on December 19, 1980, at 1:30 P.M. in the County Executive's Conference Room. Agenda Item No. 2. Presentation of Guide to Local Government. Mr. Fisher said Mrs. Peggy King, President of the League of Women Voters, has requested an opportunity to present the Guide to Local Government. Mrs. Peggy King was present and said the intent of the publication is to aid citizens in participating in local government and to understand the~ negotiations between the City and County on annexation and other issues. Mrs. King noted that the Guide will be given to schools and to each library. The cost of the guide is $2.00 and will be on sale at area book stores. Mrs. King said this is a nonprofit venture and the proceeds from the sale will be applied to the costs of the next printing. Mrs. King said the League would appreciate any suggestions for additions or changes for the next revision. Mr. Fisher said he did not know of many communities that have this type of information available for their citizens and extended his appreciation for the availability of the Guide. Mr. Fisher said Mr. Roy Patterson, President of Citizens for Albemarle, Inc., has requested an opportunity to make a brief presentation. Mr.~ Patterson said Citizens for Albemarle felt the adoption of the Zoning Ordinance was an historic event and he then read the following statement: WHEREAS you have finally implemented the County's Comprehensive Plan by passing a Zoning Ordinance that establishes the principle of planning to guide the County's growth, saving us from being helpless victims of haphazard change, and WHEREAS you and the Planning Commission have displayed a high level of public responsibility in formulating an ordinance specifically adapted to the County's needs, rather than accepting off-the-shelf solutions proposed by outside consultants, and WHEREAS we have been impressed with your conscientious effort to consider all points of view in the County, urging citizen input at tedious rounds of public hearings in every magisterial district and at other times, and WHEREAS you have blended those diverse points of view into a fair compromise (Mr. Patterson added that he knew none of the Board would wholly endorse this compromise.) that reflects the wishes of as many segments of County population as possible, and WHEREAS we have observed your careful concern for legality in formulating the ordinance, consulting your attorney in appropriate details, and WHEREAS, throughout the entire three-year process, you have demOnstrated a steadiness of purpose to protect the health, welfare, and safety and the quality of life of our people at large rather than to favor any special group, THEREFORE, BE IT RESOLVED that we express our sincere appreciation and commendation for an immense public service impressively accomplished. Mr. Fisher then extended'his appreciation for the above statement. Agenda Item No. 3. ZMA-80~22. O. Goode Love. Petition to rezone 0.89 acres from R-2 to B-1. Located on the northeast side of Route 631, northwest of the intersection of Routes 631 and 29 North. County Tax Map 44, Parcel 10lA. Charlottesville District. .(Advertised in the Daily Progress on December 3 and December 10, 1980.) Mr. Tucker said the applicant has requested withdrawal of this petition by letter dated December 11, 1980 from Mr. Johnny A. Bowles, representing Mr. O. Goode Love since the new Zoning Map reflects the zoning requested. Motion was then offered by Dr. Iachetta to accept the withdrawal of ZMA-80-22 without prejudice. Miss Nash seconded the motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. 0O2 Agenda Item No. 4. SP-80-67. Northwest Ltd. Partnership. Petition for R-3 uses on 2.099 acres zoned B-1 and R-3. Located on the west side of Commonwealth Drive, north of the intersection of Route 743 and Commonwealth Drive. County Tax Map 61, Parcel 45, portion thereof. Charlottesville District. (Advertised in the Daily Progress on December 3 and' December 10, 1980.) Mr. Tucker said the new Zoning Map contains a residential district which satisfies the applicants need and therefore, the applicant has indicated today that if a withdrawal is necessary, he is willing to so request. Mr. Fisher asked if the applicant was present. The applicant was not. Mr. Fisher asked if it were appropriate for the Board to accept a verbal withdrawal. Mr. St. John said yes. Motion was then offered by Dr. Iachetta, seconded by Miss Nash, to accept the withdrawal of SP-80~7 without prejudice. Roll was called on the motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Agenda Item No. 5. ZTA-80-06. Great Eastern Management Co., Inc. Petition to delete Sections 5-4-3 and 6-4-3 of the Zoning Ordinance and to amend Sections 5-8-2 and 6-9-2 to change the 30 foot side-to-side separation requirements to 20 feet. (Advertised in the Daily Progress on December 3 and December 10, 1980.) Mr. Tucker said the petition has been taken care of by the text of the new Zoning Ordinance and the applicant requests withdrawal of the petition. Motion was offered by Dr. Iachetta, seconded by Miss Nash, to accept the withdrawal of ZTA-80-06 without prejudice.. Roll was called on the motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Agenda Item No. 6. SP-80-68. Frances Roberts. Petition for an antique store on 0.53 acres zoned A-1. Located at the intersection of Routes 231 and 600 at Cismont. County Tax Map 65, Parcel 39. Rivanna District. (Advertised in the Daily Progress on December 3 and December 10, 1980.) Mr. Tucker then presented the following staff report: "Request: Antique Store Acreage: 0.53 acres Zoning: A-1 Location: Property, described as Tax Map 65, Parcel 29, is located in the northern quadrant of the intersection of Routes 231 and 600 at Cismont. Character of the Area: This building, used for commercial and residential uses in the pas~, is currently used as a duplex. Several dwellings are iocated~ on small lots in the area. A speciat use permit for an antique store was approved in the southern quadrant of this intersection (parcel 3!A) in December, 1978. Comprehensive Plan: The Comprehensive Plan recommends Route 231 for scenic designation in this area. The staff recommended approval with conditions." Mr. Tucker said the Planning Commission on December 9, 1980 unanimously recommended ~pproval with the following conditions: 3. 4. 5. 6. 7. 8. Virginia Department of Highways and Transportation approval of controlled access to the site; Staff approval of parking layout and landscaping; No outdoor display'of merchandise; No other use may be made of the property, except one dwelling unit occupied by the operator of the shop; No auctions; Building Official approval for commercial usage; Fire Official approval including removal, filling or other safety measure for underground gasoline tank; Sign sizes to comply with Article 18 - Scenic Highway. Mr. Tucker said Mrs. Roberts is the applicant and Mr. and Mrs. F. T. Spicer from Richmond are the property owners. This afternoon he received a call from Mr. Spicer's 0rother who said that Mr. Spicer could not be present this evening due to a visual problem ~hich prohibits him from driving at night. Mr. Spicer's concern is whether or not he can ~ontinue to use the building as a duplex if the antique store is approved. Mr, Tucker said this afternoon he discuSsed this with the Zoning Administrator. Mr. Robert Yaughn,. Zoning ~dministrator stated to him that if the antique store is approved, the property would ~ecome a conforming use and the dupIex on the prOperty now is a'nonconforming use. Therefore, ~r. Vaughn feels that if the special use permit is granted Mr. Spicer would not be allowed Fo have the duplex. Mr. Tucker said based on that opinion, Mr. Spicer has a reservation ~bout the antique store being approved. Mr. Tucker then suggested that this request be teferred to the January day meeting in order that Mr. Spicer could be present. Mr. Tucker ~lso felt that Mr. Spicer has contacted Mrs. Roberts about his feelings on this matter. ~r. Fisher asked if both the owner and Mrs. Roberts applied for the special use permit. ~r. Tucker said yes. December 17, 1980 Regular Night Meeting 0:0 3 The public hearing was then opened. Mrs. Frances Roberts, applicant for the antique shop, was present. She said if this requesH will create problems for Mr. Spicer she would withdraw the request. Mrs. Roberts said she was not planning to be in the area very long and would not want to create any problems for Mr. Spicer. Mr. Fisher asked if she objected ito deferring the request to January. Mrs. Roberts said no. Mr. Fisher then suggested continuation of the public hearing to January 14, 1981, in order that the applicant and property owner could both be present. Motion was then offered bY Mr. McCann, seconded by Dr. Iachetta, to continue the public hearing on SP-80568 to January 14, 1981. Roll was called on the motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Agenda Item No. 7. ZTA-80-05. Andre H. Argaud. Petition to amend the A-1 zone of the Zoning Ordinance to permit "restaurants" by special use permit. (Advertised in the Daily Progress on December 3 and December 10, 1980.) Mr. Tucker said the applicant, Mr. Andre H. Argaud, petitioned the Board to amend the A-1 District (now known as RA) to permit restaurants special use permit. Originally, it was felt'that this would have to be readvertised because it is in the A-1 district and should be advertised as the RA district. However, the County Attorney feels, that the matter can be acted on if so desired. The applicant was not present at the Planning Commission meeting on December 9, 1980 but the Planning Commission did act on the request and unanimously recommended denial due to the past history of similar requests. Mr. Tucker then noted that the applicant is still not present. Dr. Iachetta said the past policy of the Board has been to defer a petition when the applicant is not present and offered motion to defer ZTA-80~5~to~n~ry 7, 1981. Mr. Fisher noted that deferral is with the understanding that the request is for an amendment to the RA district and not the A-1. Mr. Fisher then asked if anyone from the public was present to speak for or against the matter. No one was present. Mr. McCann seconded the motion. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Not Docketed. Mr. Tucker then reminded the Board that a requirement of the new Zoning Ordinance is for hearings on zoning text amendments to be every six months and the first meeting in January would be such time. Mr. Fisher suggested Mr. Tucker schedule any such requests for the Board. Agenda Item No. 8. Request from Library Board re: Scottsville Branch. Mr. Agnor noted memorandum dated December 9, 1980 from the Superintendent of Education, Dr. Clarence McClure, regarding the School Board's action on December 8, 1980 concerning the Scottsville Library fire damage. He also noted a resolution adopted by the Jefferson- Madison Regional Library Board of Trustees on November 25, 1980, in which the Board of Trustees stated that they had met with the people of ScOttsville and indications were that they desired to have a new library, specifically designed for library purposes, built on the site of the previous library. The Board of Trustees also urged that the Board of Supervisors accept full title to the building and site at a time selected by the Board and the School Board. In conclusion, the Board of Trustees requests that the sum of $15~000 be appropriated by the Board to enable the Library Board to select and employ an architect and to secure from him a building program, preliminary drawings and cost estimates for a library to be built on the same site as the original building. The resolution adopted by the School Board noted that a settlement had been offered by the Insurance Company of North America for the fire damage to the Scotts¥ille Library Building in the amount of $89,686.64. The School Board Property Disposition Committee has recommended that the funds from the insurance settlement be turned over to the County Executive. The committee also recommended that the responsibility for planning and constructi~ the new library building be placed under the County Executive's supervision with approval by the Board of Supervisors and with the understanding that the Library Board will play a major role in developing plans for the new library facility. Mr. Agnor said the School Board Property Disposition Committee also recommends that the Board of Supervisors accept title to the library property from the School Board. The School Board also accepted the $89,686.64 settlement from the Insurance Company of North America. In conclusion, the School Board expresses its willingness to consider transferring title to the Scottsvi!le Library property to the Board at some future date after the fire damaged buildling is replaced. Mr. Agnor 'said 'he had met with Mr. Christopher DeVan, Director of the Jefferson- Madison Regional Library, Dr. Clarence McClure and several members of the School Property Committee on property matters and this matter was discussed. The following recommendations were received: 1) The Board of Supervisors authorize the employment of an architect to examine preliminary plans and cost estimates for a new building. 2) The County Executive be authorized to solicit letters of interest from local architectural firms by requesting a statement of interest and a list of qualifications. 004 December 17, 1980 Regular Night Meeting 3) Letters of interest to be reviewed by a committee comprised of: a. The Building Committee of the Library Board b. Christopher DeVan, Library Director c. J. Harvey Bailey, County Engineer d. Guy B. Agnor, Jr., County Executive 4) The committee should select several firms from the letters based on qualifications and ability to provide services for the project within the time frame that is necessary for the project to be designed. 5) The selection should be completed and ready for the Board's meeting of January 21, 1981, at'which time it is hoped that the Board will authorize the employment of an architect. 6) 7') The architectural firm selected should work with the Library Board to design a building, create the preliminary plans and arrive at cost estimates. The plans and cost estimate should be returned to the Board of Supervisors for approval to proceed with the-final design. 8) If approval is received at this stage, after completion of the final design, the Board of Supervisors would then authorize the awarding of a construction contract for the project. lO) When the construction project begins, County staff should oversee the day-to-day construction of the building. When the building is completed and the final settlement of the insurance company received, the School Board should be requested to have the deed to the property transferred to the County. Mr. Fisher asked what action is required. Mr. Agnor said an appropriation is needed and authorization for the solicitation of a contract for the preliminary design of the building. Mr. Fisher asked how much is needed to be appropriated since an architect has not been selected. Mr. Agnor said the Library Board requested $15,000.00 and he suggested the amount be up to $15,000.00 since the total amount is unknown and noted that the appropriat can be made in increments if desired. Mr. Agnor said the funds would come from the Capital Improvements Budget. He noted that $46,500.00 was included in the Capital Improvements Budget last year for an addition to the Scottsville Library. Mr. Fisher asked if there are any guidelines or total amount of money being considered at this time for the structure. Mr. Agnor said the Library Board'has developed some guideline in relation to the population and the projection of that population in relation to the Comprehensive Plan and the square footage of space necessary for a library facility to serve the community of Scottsville and southern Albemarle County. Even though he did not have the figures available tonight, the figures would be written into the plan for the architect to consider in drawing the preliminary plans. Mr. Fisher asked if the Board could say yes or not to the project when the cost estimates and preliminary plans are received. Mr. Agnor said yes and noted again that the cost estimates and preliminary plans would be brought back to the Board before authorization of the final design. Mr. Fisher was in agreement with the project but felt serious thoughs should be given to the cost. However, he was willing to support the authorization to. employ an architect and aPpropriate up to $15,000.00. Miss Nash then offered motion to aPprove the authorization to employ an architect in accordance with the process set out by the County Executive and to adopt the following resolution. Mr. Fisher asked if the County would pick the architect. Mr. Agnor said yes and the County would ultimately award the construction contract and the entire project would be administered by the County who will be the owner. Dr. Iachetta then seconded the motion. Mr. McCann was concerned aboUt the cost of the final drawings since the money appears to be for only preliminary plans. Mr. Agnor said the funds requested are for architectural drawings for a completed project. Mr. McCann asked if the amount of the settlement from the insurance company would only be half if the building is not replaced. Mr Agnor said yes, the building has to be either replaced or rebuilt, in order to get the $89,686.64. Mr. McCann then asked the costs for the square footage. Mr. DeVan said the cost is $45.00 per square foot but he did not think that included furnishings and noted that the cost of the main library was close to $60.00 per square foot. Mr. Fisher emphasized that he was not committing himself to approving anything later but felt the preliminary process needed to begin in order to determine what can be done in order to replaee4~he?'fa¢ii~y. Roll was then'called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $15,000.00, be and the same hereby is appropriated from the General Fund and coded to 9700-7060.57 for Architectural Fees, Scottsville Library. Agenda Item No. 9. Street Light Request--Esmont. Mr. Agnor said the County Engineering Department has processed a street light application from Mr. William P. Heath to install street lights on State Route 715 at the north end of the Esmont Village. The request has been reviewed also by the Highway Department and the Appalachian Power Company and both have agreed that the request is in order. Mr. Agnor also noted that the application is in accordance with the regulations of the Board for .on December 17, 1980 Regular Night Meeting installation of such and noted that there is no cost involved for the actual installation, only the monthly rate for the service by the Appalachian Power Company. Mr~ Agnor recommended the request be approved as recommended by the County Engineer and the installation of the lighting system also be authorized. Motion was then offered by Miss Nash, seconded by Dr. Iachetta, to approve the request as recommended by the County Executive. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, IaChetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Agenda Item No. 10. Discussion: Legislation for 1981 General Assembly. Mr. Fisher noted that the Clerk had informed him that Mr. James Murray cannot be present for the discussion this evening and has requested another time in which to discuss legislative matters. Mr. Fisher suggested January 7, 1981, be scheduled for that discussion. The Board agreed. Mr. Fisher then noted memorandum dated November 14, 1980, from the Virginia Association of Counties concerning legislative programs for 1981. Recommendations are included in the memorandum concerning items the committees for the Virginia Association of Counties felt should be enacted. Mr. Fisher noted one item of particular importance to Albemarle County is Section 4-19.14 to be amended to reinstate local service charges on tax exempt properties. This year the County, for the first time, received service charges from the University of Virginia in the amount of $113,000.00. Mr. Fisher urged the Board's support of such a resolution since the University requires more and more real estate which is not taXable and the County is still responsible for educating children from the nontaxable property. Mr. Fisher also urged the adoption of the resolution to request the General Assembly to reinstate the moratorium on annexation in the event that House Bill 599 which was adopted in 1979 is not duly funded. The third item Mr. Fisher requested for adoption was a resolution to amend Section 53-206.12 concerning payment of salaries of superintendents of jailers. Motion was then offered by Dr. Iachetta, seconded by Miss Nash, to adopt the following resolutions to be submitted to the local legislators and request same be introduced into the General Assembly. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. WHEREAS, the County of Albemarle is imposing the local service charge on the University properties owned by the State of Virginia for 1980, pursuant to an ordinance passed by the Board of Supervisors in accordance to the Code of Virginia Section 58-16.2; and WHEREAS, Section 4-19.14 of the Appropriations Act of the 1980 General Assembly mandates that no'state agency nor the Governor shall include any requests or recommendations for appropriations in the Executive Budget for use of public funds to pay local service charges in any biennium beginning July 1, 1982; and WHEREAS, this will cause a substantial loss in revenues to Albemarle County; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Albemarle County that the General Assembly of the Commonwealth of Virginia hereby is memorialized to amend Section 4-19.14 of the Appropriations Act to reinstate local service charges on tax exempt properties. BE IT RESOLVED that in the event that House Bill 599, adopted in 1979, is not duly funded, then the General Assembly is requested to reinstate the moratorium on annexation. WHEREAS, the County of Albemarle and the City of Charlottesville have formed and are operating a regional jail, the Albemarle-Charlottesville Joint Security Complex, pursuant to Chapter 7.1 of Tittle 53 of the Code of Virginia; and WHEREAS, the General Assembly of the Commonwealth of Virginia at its last session in its 1980 Appropriations Act provided that the Commonwealth shall pay 100% of salaries of the superintendents or jailers of regional jails; and WHEREAS, the Board of Supervisors of Albemarle County desires that jail boards of regional jails clearly shall haVe the discretion to set the salaries of jail superintendents or jails at an amount less than that set by the Compensation Board for sheriffs and their d~puties when the jail administrator or jailer is not a sheriff or his deputy; NOW, THEREFORE, be it resolved by the Board of Supervisors of Albemarle County that the General Assembly of the Commonwealth of ~irginia hereby is memorialized to amend and reenact Virginia Code Section 53-206.12, as follows: Section 53-206.12. Payment of salaries of superintendents or jailers. December 17, 1980 Regular Night Meeting The Commonwealth shall pay one hundred percent of the salaries of the superintendents or jailers of such jails. Such salaries shall be paid in equal monthly installments. Such salaries shall be paid in the manner provided in Article 9 (Sec. 14.1-70 et seq.) of Chapter 1 of Title 14.1 and such article shall be applicable mutatis mutandis to superintendents or jailers of such jails; provided, however, that such regional jail or jail boards shall have the authority to pay the salaries of superintendents or jailers at such jails who are not sheriffs or their deputies at an amount less than the salaries set and paid in the manner provided in Article 9 (Sec. 14.1-70 et seq.) of Chapter 1 of Title 14.1. Mr. Fisher felt the Board should also support the following list of proposals from the Virginia Association of Counties 1981 Legislative Program even though such have been sponsored by other localities: 1> Education - Funding -- To provide that the General Assembly fund the educational program of the State Board of Education rather than continuing its retreat from supporting local primary and secondary education. (Montgomery County) 2) Education - Funding -- "Be it resolved by the Local Government Advisory Council that the Governor and the General Assembly should move toward a sharing of special education costs on a fifty-fifty basis as far as possible. (James City County) 3) School Boards - Tiebreaker -- That legislation be enacted to amend Chapter 5 of Title 22.1 of the Code to delete the requirement that all school boards have a tiebreaker; option for same to be at the discretion of the local governing body. (Patrick and Rockingham Counties) 4) Annexation - Restrictions -- To provide that Section 15.1-1041 be amended to provide for the procedure in the hearing and decision in annexation suits; prohibit a city from annexing any part of a county which has a population larger than the city and the majority of whose residents receiving water and sewer, receive it from the County. (Augusta County) 5> Boards of Supervisors - Salaries -- To amend Section 14.1-46.01 relating to salaries of boards of supervisors; grants authority to incumbent board to set salaries for succeeding term whether on four year or staggered terms. (Augusta County) 6> Annexation - Immunity Criteria -- A bill to amend Sections 15.1-977.9, 15.1-977.17, 15.1-977.21, 15.1-977.23 and 15.1-1130.8 which provides procedures and criteria for county transition to cities, county immunity from annexation, and city consolidation; revises criteria for full immunity from annexation. A county with a minimum population to 46,000 and a minimum density of 90 per square mile would be eligible. (Campbell County) 7) Elections - Reapportionment - Single Member Districts. A bill to amend the Code of Virginia by adding Sections 24.1-12.2 and 24.1-14.2 relating to reapportionment of Senate and House of Delegates districts as single-member districts; adds Code provisions requiring House and Senate to be reapportioned in 1981 and thereafter into single-member districts. (Frederick and Loudoun Counties) Motion was then offered by Miss Nash, seconded by Dr. Iachetta, to support the above listed proposals and send a list of same to the legislators. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Mr. Fisher said one item in the package from the Virginia Association of Counties concerning elections, reapportionment and staggered terms could be eliminated at this time since it has been taken care of by a memorandum from the County Attorney. CThis will be discussed later in the meeting.) Mr. Fisher said another locality has recommended support of a bill to amend Section 58-785.1, requiring certain actions when real property assessment results in a tax increase; provides that localities must adjust their real estate tax rate after a reassessent to receive not more than 101% of the revenues from the preceding year; however, after a public hearing such rate can be increased to produce no more than 107% of the previous years revenue. Mr. Fisher felt the Board should oppose such legislation due to increased inflation and population growth. Mr. Fisher felt an absolute limit on the gross amount of revenue that a locality can collect from year to year is not likely to serve the increased needs. The Board agreed. Motion was then offered by Dr. Iachetta, seconded by Miss Nash, to request the legislators to oppose the above legislation. Roll was then called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. December 17, 1980 Regular Night Meeting Mr. Fisher noted correspondence dated November 25, 1980, from Mr. Frederick W. Payne,~ Deputy County Attorney, concerning proposed legislation for amendments to Virginia Code Sections 15.1-466(m) and 15.1-491(i) regarding improvements of public roads by developers. The wording of the proposals for both sections is as follows: for improvement by a subdivider or developer of land of any public road which is located in whole or in part within or contiguous to.the property limits of the land owned or controlled by him in accordance with the standards of the Virginia Department of Highways and Transportation to accommodate the additional traffic which may reasonably be expected to be generated by-the subdivision, in any case in which (a) such road was accepted into the State Highway System after July 1, 1981; and (b) the need for such improvement is substantially generated by the subdivision. Mr. Fisher asked Mr. St. John to explain the language. Mr. St. John said Mr. Tom Michie ihas been working on these amendments. The proposed language was submitted to his office for examination and any suggestions. The proposed language resulted from committee studies by the Virginia Advisory Legislative Council. Mr. St. John said he did!~not want to do anything on the matter until the Board had reviewed same. Mr. Fisher S~id the language seems to not apply to any existing substandard roads but only new roadS that would presumably meet all highway department standards. He did not feel the proposed language solves the problem Albemarle County. has at all since the greatest problems are old roads. Mr. St. John said the theory is, if the road is intolerable, the statutes now allow the County to fund the improvement to have the road taken into the system depending on how old a road is. This proposal "dove tails" those statutes to bring the public roads up to state standards in order to be accepted into the state system and then any future development will have to carry its own weight. Mr. St. John said that is as far as the legislature is willing to go. Mr. Fisher did not feel the General Assembly had ever gotten the thrust of the Hilton decision since the General Assembly is not willing to put up any more money to make the necessary improvements. The General Assembly also does not allow the County to require that improvements be made as needs develop. Mr. Fisher said he did not feel this should be supported if that is all the General Assembly is willing to do. Mr. McCann felt the Board should recommend to the General Assembly that they appropriate funds to take care of the ~oads since such is the state's responsibility and not that of the county. Mr. McCann felt the problem is that the General Assembly has to fund the Highway Department, otherwise the necessary work will not get done. He did not feel the General Assembly is hearing enough comments to raise the gasoline taxes in order to have better roads. In conclusion, Mr. McCann felt that was the only solution to the problems. Mr. St. John said one thing accomplished by this proposal would be to clarify what the County is trying to do on roads like State Farm Boulevard. Mr. Fisher understood that but emphasized that this proposal is only for new roads and that concerned him. Dr. Iachetta said he would not support the proposal. Motion was then offered by Miss Nash to inform the legislators that the proposed resolutions might be good in some instances but this does not come near solving the road problems in Albemarle County and the Board is unwilling to support having the legislation entered before the General Assembly. Dr. Iachetta seconded the motion. He also noted that the Board should emphasize that the General Assembly should appropriate sufficient funds to support the Highway Department since the maintenance of roads is the State's responsibility and not for the County. He felt there is a bad misundera~a standing regarding the future of the State's tax on gasoline. New federal regulations require that in the near future automobiles be more energy efficient, thus, automobiles will be traveling twice as far on the same amount of gasoline consumption. Therefore, he agreed with Mr. McCann that the gasoline tax needs to be increased. Roll was then called on the foregoing motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Mr. Fisher then noted letter dated November 14, 1980, from Mr. Edward Berkeley representi~ the homeowners of Bellair, Ednam Forest, Ednam Village and Liberty Hill requesting legislation to require state institutions to conform to local plans and ordinances. Mr. Fisher said the reason for this concern is the manner in which the Birdwood application has been handled. Mr. Fisher also noted letter from Senator Thomas J. Michie, Jr., to Mr. Frank Hereford, President of the University of Virginia, indicating that he felt legislation should provide that requirement.' Mr. Fisher noted that Mr. Berkeley had contacted Senator Michie about this matter. He then asked if the Board desired to pass this letter along for inclusion in the legislative package. Motion was then offered by Mr. McCann, seconded by Dr. Iachetta, to note agreement with Mr. Berkeley in requesting that Mr. Michie introduce legislation to require state institutions to conform to local plans and ordinances. Roll was called on the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Mr. Fisher said letter dated December 16, 1980, has also been received from Mr. Robert E. Merrill requesting the Board include in recommendations to the Legislature a request for a constitutional amendment to provide for initiative and referendum. Mr. Merrill notes that the Virginia Constitution does not provide a method whereby citizens may petition to initiate legislation or petition to review legislation and noted that there are twenty- three states which have this right and he felt that Virginia should have same. Mr. Fisher stated reservations about the process since he has seen it in operation in other states and although there is some likelihood that the amendment will occur, he was not willing to support such at this time. Mr. McCann did not have any problem with the amendment because the voters would be speaking and not those on committees. Dr. Iachetta preferred a recall provision in the Constitution. 008 December 17, 1980 Regular Night Meeting Agenda Item No. 11. Resolution: Redistricting. Mr. Fisher noted letter dated November 25, 1980, from Mr. George R. St. John regarding redistricting. He also noted meetings held by Mr. St. John, Mr. Agnor and himself on this matter. Mr. Fisher said the issue is vital due to the question of Section 24.1-88 meaning that the entire Board in each of the twenty some counties in Virginia having staggered terms, must run in 1981 with the effect of cutting short the terms of members elected for four years in 1979. Mr. Fisher felt the following resolution drafted by the County Attorney's office should be adopted by the Board: WHEREAS, a special General Assembly committee, the Joint Privileges and Elections Subcommittee on Redistricting for County Boards with Staggered Terms and Effective Dates for Redistricting Measures, has recommended certain changes in the reapportionment laws of the Code of Virginia to deal with problems that re- apportionment presents to cOunties in Virginia operating under staggered terms, a copy of which proposed legislation is attached hereto as Exhibit A; and WHEREAS, Albemarle County elects its Board of Supervisors under the staggered term system; NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Albemarle County that those members of the General Assembly now representing the interests of the citizens of Albemarle County, the Honorable Thomas J. Michie, Jr., the Honorable James B. Murray, and that member to be elected to represent the interests of the citizens of Albemarle County in the House of Delegates of the General Assembly in January, 1981, respectfully are requested to do everything within their power to help in enacting the Joint Privileges and Elections Subcommittee's proposed legislation. The Clerk is requested to send a copy of this resolution and attached exhibit to our local legislators. Motion was then offered by Dr. Iachetta, seconded by Mr. McCann, to adopt the foregoing resolution. Dr. Iachetta then asked if the deadline for filing to be a candidate in local elections would change. Mr. St. John did not feel so. Dr. Iachetta said the old deadline required persons be certified by parties or persons by the second Tuesday in June. Mr. Fisher said the implied language is for the second Tuesday in September or sixty days before the fall election. Mr. Fisher expressed his concern about the time period for filing being changed in future years. Mr. St. John suggested that be discussed separately since that should go to ~he l~gi~a~o~s~a~her than to the subcommittee on reapportionment. Roll was then called on the foregoing motion and same carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Mr. Fisher then requested action to request the local legislators that if the time period for filing for local elections is shortened this year, such practice be continued in the future as a permanent provision. Motion to this effect was offered by Dr. Iachetta, seconded by Mr. McCann, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Agenda Item No. 12. Receipt of County Audit for Fiscal Year 1979-80. Mr. Agnor said audit dated December 1, 1980, has been received from the firm of Robinson, Farmer and Cox Associates for the County of Albemarle for the year ending June 30, 1980. Letter dated December 1, 1980, was also so received from Mr. Charles K. Trible, State Auditor of Public Accounts, noting that the audit had been accepted by his office. He also noted that Mr. Ray Jones, Director of Finance, has been requested to do a summary of the information contained in the audit and such summary will be presented at a later date. Agenda Item No. 13. Report of the County Executive for the month of November, 1980, was presented as information. Claims against the County, which had been examined, allowed and certified for payment by the Director of F~nance~and charged to the following funds for the month of November, 1980, were also presented as information: Commonwealth of Virginia - Current Credit Account General Fund School Operating Fund Cafeteria ~und SChool Construction Capital Outlay Fund Textbook Fund Joint Security Complex Fund General Operating Capital Outlay Fund Grant Project Fund Mental Health Fund $ ~75.06 530,040.02 1,712,410.16 66,685.55 305,091.02 2,283.35 71,819.97 371,101.91 5,088.46 143,375.17 ~','208,370.67 December 18, 1980 Afternoon Meeting (Adjourned from December 17, 1980) D~¢~mber 17, 1980 Regular Night Meetin~ Agenda Item No. 14. Lottery Permit. Mr. Agnor noted a lottery permit application for a raffle to be held by the University of Virginia Track Team was approved by the Board on December 10, 1980. The permit was approved for the date of the raffle to be held on December 16, 1980, and the applicant has requested that such date be changed to February 4, 1981. Therefore, Mr. Agnor recommended amendment of the lottery permit to reflect this change of date. Motion to that effect was offered by Mr. McCann, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: Messrs. Fisher, Iachetta, McCann and Miss Nash. NAYS: None. ABSENT: Messrs. Henley and Lindstrom. Agenda Item No. 15. Other Matters Not on the Agenda. Miss Nash noted request from Mrs. Shelby Marshall, Clerk of the Circuit Court, for the Board to consider approving December 26, 1980, and January 2, 1981, as holidays for the Court employees. Miss Nash said the Judges of the Circuit have entered an order stating that the Court employees could have the holidays if the Board of Supervisors in the respective jurisdictions approved same. Mr. Agnor was unaware of that order and noted that the Clerk of the Circuit Court does not follow the county government holiday schedule but rather that of the state. He noted that the county offices will be closed on December 24 and the Clerk's Office will be open. However, the County offices willl be open on December 26. Mr. Fisher asked if the requested holidays would give the Clerk's!Office more holidaYs than the county offices. Mr. Agnor said the County has eleven and thei State has ten at this time. Mr. Fisher did not feel the County should be involved in thisi since the Clerk's Office does not follow the County's pay and classification plan nor the C~unty's benefits. He then suggested that Mr. Agnor make a more specific recommendation ~n-this at the afternoon session of the Board tomorrow. Dr. Iachetta noted that the Seminole Trail Volunteer Firle Company now has its se¢on~ pumper in operation. Miss Nash noted that the fire house in Scottsville is almost completed. Not DOcketed. At 9:16 P.M., Mr. Agnor requested an exeCUtive session to discuss matters of acquisition or disposition of property. Motion tol this effect was offered by Miss.Nash, seconded by Dr. Iachetta, and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. At 9:35 P.M., the Board reconvened into open session. Agenda Item No. 16. Motion was offered by Dr. Iachetta, seconded by Mr. McCann, to adjourn to December 18, 1980, at 12 Noon in the County Executive's Conference Room. Roll was called on the foregoing motion and same carried by the foillowing recorded vote: AYES: NAYS: None. ABSENT: Messrs. Messrs. Fisher, Iachetta, McCann and Miss Nash. Henley and Lindstrom. i C~MAN An ~djou~ned~ee~ of the Board of Supervisors of Albemarle County, Virginia, vas held on ~ecem~er ±o, , at 12 Noon in the County Executivei's COnference Room, Char±ottesvil~ Virginia; said meeting adjourned from December 17, 1980. Present: Messrs. Gerald E. Fisher, F. Anthony Iachetta, C. Timothy Lindstrom (Arrived at 12:35 P.M.), Layton R. McCann and Miss Ellen V. Nash. Absent~: Mr. J. T. Henley, Jr. Officers Present: County Attorney; and Mr. Ray B. Jones, Director of Finance. Agenda Item No. 1. Fisher. Mr. Guy B. Agnor, Jr., County Executilve; Mr. George R. St. John, The meeting was called to order at 1 2:07 P.M. by the Chairman, Mr. Agend~ Item No. 2. adjourn into executive session to discuss legal matters. same carried by the following recorded vote: Ro~l was called on the motion and Motion was offered by Dr. Iachetta, 'seconded by Miss Nash, to AYES: NAYS: ABSENT: Messrs. Fisher, Iachetta, McCann and Miss Nash. None. Messrs. Henley and Lindstrom. Agenda Item No. 3. At 4:05 P.M., the Board reconvened and immediately adj0urned[