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HomeMy WebLinkAbout1977-11-16ANovember 9~ 1977 (~egular-Day Meeting) November 457 At 7:10 P.M., the Board reconvened. Motion was offered by Dr. Iachetta to adjourn to November 16 at 3:30 P.M. in the Board Room. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 16, 1977, beginning at 3:30 P.M. in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from November 9, 1977. Present: Mrs. 0pal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr. and F. Anthony Iachetta. Absent: Mr. William S. Roudabush. Agenda Item No. 1. Mr. Fisher. The meeting was called to order at 3:40 P.M. by the Chairman, Agenda Item No. 2. Crozet Housing Project: Foundation and Jordan Development Corporation. Discussion with Charlottesville Housing Mr. Fisher said since the last meeting on this subject the HUD funding has been re- ceived and the County had purchased the property. He then noted that Mr. Agnor had invited the new Housing Coordinator, Mr. Russell B. Otis, to be present today to hear the discussion. Mr. Fisher said a !ett~r was received last week from Mr. Carl VanFossen asking that ~he Board reconsider the location of the project. Mr. VanFossen suggested that the County sell the property and use those funds for purchase of another site. Mr. Fisher asked if the Board wanted to make a reconsideration at this time. It was the consensus of the Board that they did not. Mrs. Karen Lilleleht presented the following memorandum. "T~: Albemarle County Board of Supervisors FROM: Jordan Development Corporation RE: Progress Report Update and Tentative Schedule for The Meadows August 1977 - November 1977 DATE:November 16, 1977 In early August, Jordan Development Corporation (JDC) was notified that the Richmond Farmers Home Administration (FmH~) would require an Environmental Impact Statement (EIS) before loan approval could be given for The Meadows housing complex near Crozet. The attorney for the Corporation communicated with the Administrator of FmHA in Washington indicating that this decision had not been reached in accordance with FmHA regulations and requesting that decision be set aside. Zn mid September the Washington FmHA office confirmed this position, and requested the applicant to provide an Environmental Impact Evaluation which would be used, along with other material, to reach a determination on requiring an EIS. On September 26 the regional Section 8 rental assistance contract authority was approved by Richmrond DHUD~ On October 18 the determination was made that an EIS would not be required and on October 19 the Corporation and HUD Ere notified that loan approval had been secured. The Charlottesville Housing Foundation purchased the site on Route 240 on October 28 and subsequently conveyed the title to the County of Albemarle on November 1, 1977. The County of Albemarle was notified on August 2~ that CDBG funds had been approved for site acquisition, preparation and construction of a Senior Center. Administrative expenditures in connection with the project were authorized, but expenditure of the remainder was subject to F~HA loan approYal. This limitation was removed on October 19. Questions were raised by the FmHA about the Albemarle Service Authority's policy of sewer tap reservations as the result of a hearing on a request for an injunction to prevent the County from purchasing the land. The request was denied and FmHA was fully informed of the reasons for the current ACSA policies. Documentation of this first-come first-serve policy, provided FmHA by JDC throughout the loan application process, was reaffirmed. A subsequent meeting between FmHA and JDC representatives confirmed loan approval on that basis. The Corporation met on November 2, and instructed the architect to proceed with additional architectural drawings required by FmHA. The Corporation further recommended a meeting with Albemarle County to request: Designation as the agent for the County in site preparations in accordance with a final site plan; and design and construction of the senior center, in order that both elements could be more efficiently coordinated with the residential components of The Meadows proposal; November 16, 1977 (Afternoon-Adjourned from November 9, 1977) 2.) Appointment of one or more representatives of the County to the Board of Directors o£ the Corporation; 3.) Determination of a method of reimbursement to JDC for services render- ed, and other components of a contract between the County and the Agent if Item #1 is approved." Mr. Fisher asked about suggestion number t. Mrs. Lilleleht said they felt it would be better to do it this way instead of bringing Jordan in after all the work on the first oar~ of the project is completed. They feel that if both parts are done by the same entity,-t2ae project will run more smoothly and efficiently. Mr. Agnor said he could see a similarity in terms of coordination. However, he would need to clarify with HUD the County's responsi- bilities as to whether the first phase of the project has to be completed before the second phase can be started. Dr. Iachetta asked which agency would be responsible for the engineering, bidding, etc. associated with site preparation for the building of the Senior center. Mr. Agnor said this would be the County; split between the Housing and the Engineering Departments. Mr. Henley asked who would own the senior center after cnnstruction. Mr. David Kudravetz, attorney for Jordan Corporation, quoted from a letter dated August 24, 1977, written by Louis A. Sherman, Assistant Area Council for the Department of Housing and Urban Development: "The time and manner for disposition of real property acquired with community development block grant funds is not limited by statute or regulation therefore, the County may dispose of the land acquired for the development of housing for lower income elderly households to the Jordan Development Corporation, or any other entity, at any time ~fter acquisition of said land by the County. More= over, said land may be leased, donated, or otherwise conveyed by the County without regard to its fair market value. (If the County plans to donate the land to a private entity/...the entity must qualify as a charitable institution or association under Virginia law.) "Based on the precedents of former categorical grant programs which41:.;.were the predecessors of the present community development block grant program as well as the definition applied to public facilities eligible for block grant funds... the senior center must be owned in perpetuity by the County or another public body. There ~re no particular regulations governing leasing or other arrange- ments for management, although the regulation contained in the issue of the Federal Register cited above, does permit a private organization to operate such a public facility on behalf of a public body. Any lease or other similar document between the County and a private organization to operate the senior center must, however, bind the private entity to comply with the same program and legal requirements...as are imposed upon the County when it executes the Acceptance Provisions of the Grant Agreement. We suggest that when drafting the appropriate management documents, you incorporate therein the requirements imposed upon the County in the Assurances.lY.." Mrs. Lilleleht said whether or not the County could deed the property to the Jordan. Development Corporation was not their concern. They feel that with one agency doing the whole project from start to finish, it would work much smoother and hopefully eliminate some red tape. Mr. Kudravetz again quoted from Mr. Sherman'S letter: "Without examining the legal requirements of State Law regarding bidding i~iii~ i.[~P~ed~u~si!¥~i!matter best handled by 6ounset for Albemarle County, the County 'may contract with Jordan Development Corporation to perform the various construction projects...on a i?drawdown'i~: or voucher basis." Mr. Kudravetz said since the letter referred to "may contract with Jordan Development Corporation" it was not clear if HUD feels that Jordan is a general contractor. Jordan would rather act as an agent for the County. Dr. Iachetta asked iff the County's legal staff had looked at what is being '~i:-, i~ ~ set up. Mr. St. John said the County Attorney's Office knows the requirements of State Law, but they are not sure of HUD laws about keeping title to the senior center. The County has been told that it must keep the title to this senior center in perpetuity. However, he saw no reason why the County could not lease the senior center to the Jordan Corporation at the same time it conveys the property for the houses to the Corporation. Mr. St. John said, with respect to the question of bidding, he believes that this project should be bid under State law. As a practical matter, when Jordan enters into a contract with a general contractor to do the site preparation and construction work, and the County has not yet been released from its responsibility under the HUD grant, the County would want to review the contracts and approve same. Mr. Agnor said the letter that Mr. Kudravetz was quoting from was in answer to questions raised by the County on the legality of the HUD grant and the responsibilities the County has under same. Matters not addressed in that letter are the designation of an agent to do the entire project. Whether the same agent can do the whole project legally is no problem, but there will need to be set up an accounting system that HUD can audit versus another account- ing system that FHA can audit. This will have to be agreed upon in advance. Mr. Fisher .... ~r.~ilt~e~e~ S~di?th~.i.i;legiO~!io~ihavin~Jordan do all of the work is obvious. Setting up a bookkeeping system is a different question. Mr. St. John said he would recommend that the County Director of Finance keep the HUD funds and, pay out those funds rather than turning the entire grant over to Jordan and having them pay out the funds. Jordan could submit vouchers to the County. Mr. St. John said if the funds are dis- persed in thismanner they will not get mixed up with the accounting system for FHA. Mr. Kudravetz said that is what Jordan had contemplated. Dr. Iachetta asked if Mr. Frank Smith, the architect for Jordan, would be responsible for the design of the senior center. Mrs. Lilleleht said he. could be if the County ordered same. However, he ~:i~i~not ~ at this time because the Senior Center will not be build out of FHA funds. Mr. ~isher said he wants the design and management of this project centralized, although the Board cannot designate anyone:today. Recommendations for this are needed from tb~ ~taff. November 16, i~77 (Afternoon-Adjourned from November 9~ 1977 ) 4,59 Mr. Smith was present. He said that although this was a fairly small project, it has all the complexities of a larger project. ~ He is in favor of simplifying and coordinating the project in order to get the most out of the ~Qney for the people who will live in the pro~ect. If the total project can be considered at one time, it would save a lot of time and money. At this time, Jordan feels that if the project can be started in early spring, it will be ready for occupancy in early 1979. If the engineering, site work, and con- struction of the senior center must be completed before starting the housing portion of the project, most likely Jordan will have to return to FHA with a rebudgeted project~ In loos- ing one year, there would be about a 10% increase in the cost of construction. Mr. Smith said he hoped the Board would not shut the door on negotiating a contract, instead of bidd- ing, because that is possible under FHA regulations. With a projeCt such as this, most likely better ~r~ces cp~d be abtained. Mr. Fisher said there have been actions in three different courts on this project so the Board must consider carefully what is being done. He asked that Mr. Agnor and his staff draft some guidelines for designation of an agent as soon as possible. Mr. Fisher asked if the'Board wanted to discuss question number 2 in Mrs. Lilleleht's report about appointing representatives to the Jordan Development Board. Mr. Henley felt a citizen from Crozet should be placed on this Board. He felt the community would feel they are more a part of the project if they had someone representing them. Mr. Fisher then want to question number 3 concerning determination of a method of re- imbursement to Jordan Development Corporation. He said this will also be part of the recommendation for Mr. Agnor to the Board. Mr. Agnor said there was no need to wait on this item. If Jordan Development Corporation can verify a statement of expenses to the Director of Finance, there is no reason why the payment could not be processed immediately. With no further remarks, the discussion was concluded. Not Docketed: Mr. Fisher said Ms. Carol Stewart from the Jefferson Area Board on Aging was present and he had asked her to make a report on their nutrition program and the contro- versy surrounding same. Ms. Stewart said the JABA Board had decided it would not negotiate an~ longer with the Monticello Area Community Action Agency. MACAA did not sign the contract which was presented to them. JABA has received an approval from the State Office on Aging to operate the program themselves~ and on December 1st will operate the nutrition program throughout ~lanning District X. Mr. Dorrier said he had heard that MACAA will appeal this decision tomorrow to the Virginia Office on Aging. Mr.-Fisher noted receipt of a letter from Mayor Raymon Thacker of Scottsville inviting the Board members to the dedication of the Mink Creek Dam on Tuesday, November 22, 1977, at 2:00 P.M. Mr. FisHer noted.~receipt of a letter from Mr. Paul Peatross resigning as a member of the Albemarle County Plannmng Commmssmon effectmve December 1, 1977. Mr. Agnor said the Municipal ~eague and the Virginia Association of County Administrators are having regional meetings in November and December to discuss their ~egislative programs with members of the General Assembly. The meeting~c!osest to Charlottesville are i~ Harrisonburg on November 29th and in Richmond on December 14th. Mr. Agnor noted that the committe~ appointed to draft a grant request to the economic development administration will meet on November 18th at 1:00 P.M. in the First Presbyterian Church. Mr. Agnor noted a meeting of the Transportation and Restu~ Group on November 17th at 7:30 P.M. at Walker School in the City. Mr. Fisher said he had received a copy of a resolution from the Highway Safety Commission requesting that the speed limit in downtown Ivy be dropped from 45 mph to 25 mph and he was surprised. Dr. Iachetta said this was a result of discussions by the Commission last week having to do with the rising incidence of accidents at that location. The purpose of the re- solution is to have the Highway Safety Commission make a study, and it was at the Sheriff's request. Agenda Item No. 3. At 5:00 P.M.,~Mr. Fisher requested an executive session on legal and personnel masters; including in the meeting certain members of the staff and Mr. C. Timothy Lindstromo Motion to this effect was offered by Mr. Dorrier, seconded by Mr. Henley and carried by the following recorded vote: AYES: Mrs. David and Messrs. Dorrier, Fisher, Henley and Iachetta. NAYS: None. ABSENT: Mr. Roudabush.