HomeMy WebLinkAbout1981-02-25 adj111
February 25, 1981 (Adjourned from February 23, 1981)
An adjourned meeting of the Board of Supervisors of Albemarle County, Virgnia, was schedut~
for 2:00 P.M. on February 25, 1981, in the Board Room of the County Office Building,
Charlottesville, Virginia; said meeting being adjourned from February 23, 1981.
Present: Messrs. Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy
Lindstrom, Layton R. Mc~ann and Miss Ellen V. Nash.
Absent: None. ~
Officer present: County Executive, Guy G. Agnor, Jr.
Agenda Item No. 1. The meeting was called to order at 2-16 P.M. by the Chairman, who
apologized to the people waiting because the entire Board was late arriving from another
meeting.
Agenda Item No. 2. Work Session: 1981-82 Education Budget. Mrs. J~ssie Haden,
Chairman of the Albemarle County School Board, was present. Mrs. Haden made the presentation.
She said two teachers will be transferred to the in-school suspension program. There are
two new teachers in the gifted and talented program. Also, on occasion there are substitute
teachers who work over a long period of time and use their own lesson plans, so $15,000
has been budgeted for long-term substitutes. At Albemarle High School, there is one
additional clerk-typist position. The School Board might have considered a fourth assistant
principal for Albemarle High School if money were not a problem. An amount of $1,285 has
been included to pay for participation of band students at festivals. The students usually
pay their own fee. There is an increase shown for instructional supplies and library
books. There are two bus drivers added for special education programs. With the opening
of th~ vehicle maintenance shop and because this facility will service all county cars, a
parts manager position has been added, two thirds to be paid from the school budget, with
the other one-third coming from the general government budget. Mrs. Haden said the State
requires that bus drivers be trained, so this year a driver safety training officer has
been added. Fourteen school buses are scheduled for replacement. The cost of gas, etc.
is up by $122,000. The cost of fixed charges is up tremendously. Two special education
vehicles will be replaced as will the Media Center van. Mrs. Haden said that the greatest
increase in the budget, as always, is for salaries. The School Board worked on the budget
for a long time and since it was finalized and sent to the Board of Supervisors, the
School Board has not discussed it, but, Mrs. Haden said she believes that the School Board
would cut programs before it would cut salaries.
Dr. Ronald Bauerle, a member of the School Board, and Dr. Clarence McClure, Division
Superintendent, were also present. After a short question and answer session, Mr. Fisher
said he did not believe the Board could do much work on this budget until final revenue
projections are known.
The Board recessed at 3:10 P.M. and reconvened at 3:25 P.M.
Agenda Item No. 3. Reapportionment. Mr. Fisher said that since the February 18 meeting,
the staff has worked on the maps again. Mr. Tucker said the staff was asked to work on
Alternative 6 or Alternative 9 to extend the Samuel Miller district over to Mechum River
to take in some people who are shown in the Jack Jouett District. The staff presents two
proposals:
Alternative #!0:
Charlottesville, 8776; Jack Jouett, 8674; Rivanna, 9180;
Samuel Miller, 9455; Scottsville, 9210; White Hall, 9109.
Alternative #11:
Charlottesville, 8776; Jack Jouett, 8924; Rivanna, 9180;
Samuel Miller, 9205; Scottsville, 9210; White Hall, 9109.
Mr. Tucker said that on Alternative 10, Route 678 was used as a boundary up to the
Mechum River and 90 people were added to Samuel Miller. Alternative 11 is similar to
Alternative 10, but the electrical transmission line is used as the boundary rather than a
state road and it would bring the population down to 9205 in Samuel Miller. Mr. Fisher
said Alternative 1! looks good on the map, and it does keep him in his district, but the
transmission line runs through West Leigh Subdivision so the subdivision would be split in
two magisterial districts, however, it does give Jack Jouett a much larger rural area.
Alternative 10 shifts the high density population at Sherwood Manor and Country Green
Apartments into the Samuel Miller District. Under Alternative 6, in the Earlysville area,
a large rural area would be transferred to White Hall.
Mr. McCann said that Alternatives 10 and 11 maintain the balance between rural and
urban populations and give the Jack Jouett District more of a rural balance, while also
keeping all supervisors in their present districts. Mr. Lindstrom said there is a real
value to running for office with the same constitutents who elected the supervisor, since
a number of things done by the supervisor are related to his district. When the Board
first started work on this matter, the shifts in population were to be minimized while
still trying to meet the formula that is necessary under the law. Mr. Lindstrom said he~
plans to run for office again and would like for his district to remain essentially the
same. Mr. McCann said his problems with this whole question have been the issues of self-
interest involved. Alternatives 10 and 11 would shift a lot of students, but these people
will only be residents for four years and will then be gone. He did not feel that their
interest is as great as that of the person who lives in the area and is employed in the
area. Mr. Lindstrom said the main features of Alternatives 9, 10 and 11 are that these
alternatives change Charlottesville and Rivanna very little, but in terms of land area
change the other districts significantly. Jouett would be almost three times as large as
at present, Samuel Miller would be cut in half, and White Hall would be increased by about
one-third. Mr. McCann said Alternative 6 does not answer two of the criteria relating to
rural representation.
February 25, 1981 (Adjourned from February 23, 1981)
Mr. Fisher said the Board spent a good deal of time at the last work session on
Alternative 6 trying to keep Hollymead out of the Rivanna District, and also putting more
of the Earlysville area back into the Rivanna District. He had not been able to find a
good way to accomplish that. Dr. Iachetta said he had also worked with Mr. Fisher on such
a change, but had not been able to find a satisfactory answer. Mr. Lindstrom asked how
many people would be transferred if Route 743 were used as the district boundary. Dr. Iachetta
said he thinks it is about 849. Mr. Fisher said if that change is made, the two roads
going into Earlysville would be used as boundaries for three different d~stricts and the
"downtown part" of Earlysville would be divided into three districts. Mr. McCann did not
think that Alternative 6 could be reworked.
Mr. Henley said he felt the district land areas were best on Alternative 6, but the
population figures were best on Alternative 11. Mr. Lindstrom said if a change were made
along Route 743, then Alternative 6 would be far better than the other proposals. Mr. Henley
said he favors Alternative 6 because it keeps the land areas close to the present areas.
He then offered motion to accept Alternative 6 moving those persons east of Route 743 into
the Rivanna District as recommended above. The motion was seconded by Miss Nash. Mr. Fisher
said this is all based on preliminary information, and it is possible there might have to
be another adjustment in order to meet Justice Department requirements. Mr. McCann said
he did not support this alternative in the beginning and certainly doeS not support it
now. He did not feel that the criteria requiring a balance between urban and rural areas
had been met. Mr. McCann said he does not blame the other members for voting for Alternative 6
because it chops off two ends of Rivanna District and adds a piece in the middle to satisfy
the changes made in the other districts. If this alternative had been proposed by a committee
of other than Board members, he would have supported that committee recommendation, but as
it is, he is very opposed to the whole process. Mr. McCann said if Dr. Iachetta had not
announced at the first meeting on this subject that he was not going to run for office,
the changes made would have been somewhat different. One of the criteria pushed through
this whole question was to maintain Mr. Lindstrom in his district, and Mr. McCann feels
that an urban district is needed for all of those students. Dr. Iachetta's announcement
on top of that did not leave a whole lot of options open. Miss Nash said she really did
not favor Alternative 6 because of the changes made between Route 53 and the River. She
feels that area is more homogeneous to the Scottsville District. Dr. Iachetta said he
might decide in two years that he has rested long enough and decide to run for office
again. At this time, roll was called, and the motion carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Fisher, Henley, Iachetta, Lindst~om and Miss Nash.
Mr. McCann.
Mr. Fisher said the public hearing on Alternative 6 would be held on March 16.
Agenda Item No. 4. Appropriation: Western Albemarle Rescue Squad. Mr. Agnor said
when the agreement was approved for the Rescue Squad, the Board did no~ appropriate the
necessary funds. He is therefore requesting the necessary resolution. Motion was offered
by Dr. Iachetta to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $37,500 be, and the same hereby is, appropriated from the General Fund and
coded to 3203-5651.1 for payment to the Western Albemarle Rescue Squad.
The motion was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash.
None.
Agenda Item No. 5. Minutes: March 5, 1980. Mr. Lindstrom noted two typographical
errors and then offered motion for approval. The motion was seconded by Dr. Iachetta and
carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash.
NAYS: None.
ABSTAIN: Mr.~ McCann.
Agenda Item No. 6. Appointments: Region X Community Services Board. Mr. Fisher
said the Board advertised for this position and then interviewed seven persons who answered
the advertisement. Motion was then offered by Mr. Henley to appoint Mr. Jeffery W. Sobet
to fill out the unexpired term of Mr. Nimrod Clark; term expiring on December 31, 1982.
The motion was seconded by Mr. Lindstrom and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash.
None.
Motion was then offered by Dr. Iachetta to appoint Mrs. Ester Friex for a three-year
term ending on December 31, 1983. The motion was seconded by Mr. Lindstrom and carried by
the following recorded vote:
AYES: .Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash.
NAYS: None.
Agenda Item No. 7.
following letters:
Other Matters not on the Agenda.
Mr. Fisher noted receipt of the
113
February 25, 1981 (Adjm~ned from February 23, 1981)
"February 23, 1981
Mr. Guy B. Agnor, Jr.
County Executive
County Office Building
Charlottesville, Virginia 22901
James B. Murray, Jr., Esquire
0 Court Square
Charlottesville, Virginia 22901
Miss Lettie E. Neher, Clerk
Albemarle County Board of Supervisors
County Office Building
Charlottesville, Virginia 22901
Re: Evergreen
(Our Files ACG 80-542 and ACPZ 77-177)
Ladies and Gentlemen:
Enclosed please find a letter from James N. Fleming's attorney relinquishing rights
under SP-537 on "Evergreen".
Title to this property was conveyed to the Nature Conservancy just after delivery of
this letter to the County.
Sincerely,
(signed)
George R. St. John
County Attorney"
"February 20, 1981
The Albemarle County Board of Supervisors
c/o Chairman of the Board, Gerald Fisher
County Office Building
Charlottesville, Virginia 22901
RE: SP-537; SP-76-98
Ladies and Gentlemen:
I am and have been acting as legal counsel for Mr. James N. Fleming for over the past
year in certain negotiations to sell his land which is subject to the above permits
to a preservation group named Nature Conservancy. Our negotiations have successfully
concluded. Mr. Fleming's land is to be conveyed by bargain and sale to this distin-
guished organization.
The County and City communities will benefit from this transaction and have assisted
in its feasibility. In that regard, Nature Conservancy and Mr. Fleming expressed
their gratitude. It also places to eternal rest the land development dispute of the
past.
I am hereby directed as counsel for James N. Fleming, and so authorized to do so, to
request immediate withdrawal and voidance of Special Permit SP-537 and as well as the
deferred indefinitely Special Permit SP-76-98.
In so doing, Mr. Fleming, who is conveying his land to Nature Conservancy, hereby
waives any claim to and any and all of his vested land development rights under the
approved special permit.
I thank you.
Respectfully,
(signed)
J. Benjamin Dick
of Counsel
CC:
James N. Fleming
Guy B. Agnor, County Executive
Cole Hendrix, City Manager
Robert W. Tucker, Jr., Director of Planning, County
George R. St. John, County Attorney"
Dr. Iachetta said at an Executive Committee meeting of the Planning District Commission
last night, it was indicated that some of the programs of that organization are in jeopardy~
Their 701 funds are being cut and that is a fairly big chunk of money. The Executive
Committee is concerned with several matters which have to do with space. The staff is
trying to reduce the budget, but it is a desparate situation at the moment.
February 25, 1981 (Adjourned from February 23, 1981)
114
Mr. Lindstrom said he had noted in the Boards and Commissions book that his term on
the Planning Commission has expired. He has recently been attending these meetings although
he was inactive for part of last year. If there is any other member of the Board who
would like to take over this job he would be glad to relinquish same. Mr. Fisher asked if
there was a volunteer. There was no comment.
At 4:20 P.M., Mr. Fisher requested an executive session to discuss legal and personnel
matters. Motion to this effect was made by Dr. Iachetta and seconded by Mr. Lindstrom.
the motion carried by the following recorded vote:
~YES:
NAYS:
Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash.
None.
The Board reconvened into open session at 5'15 P.M. and motion was immediately offered
by Miss Nash to adjourn until March 2, 1981. The motion was seconded by Dr. Iachetta and
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash.
None.