Loading...
HomeMy WebLinkAbout1975-01-22 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on January 22, 1975, at 5:25 P.M., in the Board Room of the County Office Building, Charlottesville, Virginia, said meeting being adjourned from January 16, 1975. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. Absent: None. Officers present: George R. St. John. County Executive, T. M. Batche!or, Jr., and County Attorney, The meeting was called to order by the Chairman. Resolution: School Bonding Authority. Mr.~ Ray Jones, Assistant Director of Finance, was present. He stated that at the time the Board authorized construction of a ~ew northside elementary school (later named Greer Elementary), the Board had authorized application far a loan from the Literary Fund in the amount of $750,000. It was also stated that this project was not included in projects covered under the 1972 Bond issue or under any previous loans. Greer Elementary is now projected to cost $1,800,000 and there are still outstanding payments. It has been ascertained that the Virginia Supplemental Retirement System no longer makes this type of loan since the 1971 Virginia Constitutional revisions created the Virginia Public School Authority. The School Authority acts as the agent for localities and in addition to the net cost o'f bonds charges an additional one-tenth of one percent interest. Mr. Jones said that in September 1974 the County was advised that there would be no sale through the School Authority in 1974 and a date was finally set for a bond issue sale on February 5, 1975. On January 8, Mr. Batchelor told the Board that the staff had applied to come under the Authority, gave the date of the sale and the amount of the issue. After the meeting last Thursday, Mr. Jones said he talked to Mr. Frank Miller, State Treasurer, and was informed that if the County misses this sale, the next sale will not be until November, 1975. Mr. Jones noted that there is no possibility of obtaining funds through VSRS and the only method open to the Board other than a bond referendum is through the Virginia Public School Authority. The overrider on this sale will cost the County an additional $11,550 over the twenty-year life of the bonds. Mr. Jones said that in January of this year, the County put out to bids all excess funds. After allocating funds for January, excess funds amounted to $5,380,000. These funds were programmed through September 1975, even going so far as to program on ten-day intervals in order to obtain maximum interest on the money deposited. These funds were programmed for operational expenses only and do not include any allocations for school construction. The remaining amount due on Greer and Walton Schools is approximately $400,000. Mr. Wheeler interrupted to ask if Mr. Jones were saying that this is a $400,000 overrun on costs over the amount approved in the 1971 bond referendum. Mr. Jones said no; a portion of the monies obtained through that bond issue were used to fund Greer Elementary, which was not included in that list of projects. Mr. Fisher asked if all projects contemplated in that bond issue have been completed. Mr. Clarence McClure said all are complete or near completion. Mr. Jones said when the County changed to Fund accounting, all monies from bond issues were transferred to the School Constructi6n Fund Account. There is not enough money in that fund to pay the remaining costs of Greer and Walton Schools. He also noted that in addition to the proceeds of the 1972 bond issue, there has been over one million dollars in local funds expended for school con- struction projects. Mr. Batchelor said those funds must be returned to the General Fund. Mr. Fisher asked if these funds have been advanced from the General Fund and this loan will repay the General Fund. Mr. Jones recommended that the Board authorize putting this $1.1 million dollars into the School ~onstructio~ Fund to help pay the remaining costs of Greer and Walton Schools and to financ.e initial costs of the western Albemarle high school unti~ the next bonds are issued. Mr. Batchelor noted that if this is not authorized, the County may have to borrow operating funds later in the year. Mr. Fisher asked if putting the $1.1 million in the school construction account instead of the General Fund will have an Sffect on the tax rate. Mr. Jones said none of thi~ money will be needed until October, hopefully after the $6~.5 million dollar b6nd sale. He said that if the Board acts on the bond resolution today there is still~ti~me for the County to be included in the February 5 sale. 1-22-75 (Day) Mr. Fisher asked that the staff account for the funds in the 1972 Bond s~le by giving the projects listed in that bond sale, the projected allocation of funds and how the funds were ultimately used. The Board began the bond procedures by adopting the following resolution offered by motion of Mr. Carwile, seconded by Mr. Wood, and carried as follows: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. WHEREAS, the Board of Supervisors of Albemarle County desires to retain the firm of Hunton, Williams, Gay and Gibson, Richmond, Virginia, as its bond counsel in connection with the issuance and sale of approximately $1,100,000 School Bonds to the Virginia Public School Authority; and WHEREAS, the Board of Supervisors has received a disclosure by Hunton, Williams, Gay and Gibson pursuant to Virginia Code Sections 2.1-349(a)(2) and (b)(5), being part of the Virginia Conflict of Interests Act, of certain members and associates of such firm, and spouses of members or associates, who serve governmental agencies other than the County; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. Hunton, Williams, Gay and Gibson, Richmond, Virginia, shall be retained as bond counsel in connection with the issuance and sale of approximately $1,100,000 School Bonds to the Virginia Public School Authority. 2. The agreement to retain Hunton, Williams, Gay and Gibson as bond counsel is a contract for legal services which, in the judgment of the Board of Supervisors, in the public interest should not be acquired through competitive bidding. 3. This resolution shall be filed as a matter of public record with the minutes of this meeting. On motion by Mr. Wood, seconded by Mr. Thacker, the following bond resolution was adopted by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker Wheeler and Wood. None. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,100,000 SCHOOL BONDS, SERIES OF 1975, OF ALBEMARLE COUNTY, VIRGINIA BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. It is hereby determined to be necessary and expedient for Albemarle County to finance the constructing, extending, repairing and equipping of public schools by contracting a debt in the amount of One Million One Hundred Thousand Dollars ($1,100,000), issuing its school bonds therefor and selling the same to the Virginia Public School Authority, a state agency prescribed by the General Assembly pursuant to Article VII, Section 10(b) of the Constitution of Virginia. 2. It is hereby determined to be in the best interest of Albemarle County to accept the offer of the Virginia Public School Authority to purchase the bonds at a yield basis not to exceed .10% greater than the Authority m~t pay on the bonds which it will sell to provide the necessary funds to purchase the~Unty's bonds; provided that the offer of the Virginia Public School Authority shall not b'e' £inally accepted and the bonds shall not be awarded until the Board of Supervisors shall have approved the rate or rates of interest, as finally determined, which the bonds are to"bear. 3. The bonds shall be dated December 15, 1974, shall be designated "School Bonds, Series of 1975", shall mature in numerical order in installments of $55,000 on December 15 in each of the years 1975 to 1994, inclusive, wi'thout option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 at such rate or rates as may be determined prior to their sale. 4. At the request of the Virginia Public School Authority the bonds shall be issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R 1 to R 20, inclusive. Principal and interest on the bonds shall be payable at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the Chairman of the Board of Supervisors, shall be countersigned by its Clerk and its seal shall be affixed thereto or a facsimile thereof printed thereon. e No. R The fully registered bonds shall be in substantially the following form: (FORM OF REGISTERED BOND) $55~000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY School Bond Series of 1975 Albemarle County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to the order of VIRGINIA PUBLIC SCHOOL AUTHORITY upon presentation and surrender hereof the sum of FIFTY FIVE THOUSAND DOLLARS ($55,000) on December 15, 19~, and to'pay to the Virginia Public School Authority interest from the date hereof to maturity at the rate of ~er cent ( %) per year, payable semiannually on June 15 and December 15. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. This bond is one of an issue of $1,100,000 School Bonds, series of 1975, of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10(b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for constructing, extending, repairing, and equipping public schools. This bond may be exchanged without cost at the principal office of United Virginia Bank, Richmond, Virginia,-for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, of the same maturity, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. The full faith and credit of Albemarle County are hereby irrevocably pledged for the payment of principal of and interest on this bond. Ail acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Albemarle County, is within every debt and other limit prescribed by the Con- stitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County, Virginia, has caused this bond to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto or a facsimile thereof printed hereon and this bond to be dated December 15, 1974. COUNTERSIGNED: Clerk, Board of Supervisors of Albemarle County, Virginia (SEAL) Chairman, Board of Supervisors of Albemarle County, Virginia ~. Fully registered bonds without coupons may be exchanged at the expense of the County at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, appropriately numbered, of the same maturities, bearing interest at the same rate or rates and having attached thereto coupons representing all unpaid interest due or to become due thereon. Upon request of the Virginia Public School Authority, the County shall execute and deliver as soon as practicable coupon bonds in exchange for fully registered bonds. Ail fully registered bonds surrendered in any such exchange shall be cancelled. 6. Principal and interest on the coupon bonds shall be payable at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the manual or facsimile signature of the Chairman of the Board of Super- visors, shall be countersigned by its Clerk and its seal shall be affixed thereto or a facsimile thereof printed thereon, The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Chairman and Clerk. 1-22-75 (Day) 463 F' 7. The coupon bonds and the coupons attached thereto shall be in substantially the following form: (FORM OF COUPON BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY School Bond, Series of 1975 Albemarle County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on December 15, 19 ., and to pay interest thereon from the date hereof to maturity at the rate of per cent ( %) per year, payable semiannually on June 15 and December 15 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. This bond is one of an issue of $1,100,000 School Bonds, Series of 1975, of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10(b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for constructing, extending, repairing, and equipping public schools. The full faith and credit of Albemarle County are hereby irrevocably pledged for the payment of principal of and interest on this bond. Ail acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Albemarle County, is within every debt and other limit prescribed by the Con- stitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County, Virginia, has caused this bond to be signed by the manual or facsimile signature of its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto or a facsimile thereof printed hereon, the attached interest coupons to be authenticated by the facsimile signatures of its Chairman and Clerk, and this bond to be dated December 15, 1974. COUNTERSIGNED: Clerk, Board of Supervisors of Albemarle County, Virginia (SEAL) Chairman, Board of Supervisors of Albemarle County, Virginia (FORM OF COUPON) No. $ June On December 15, 19 , Albemarle County, Virginia, will pay to bearer Dollars ($ ) in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, being the semi- annual interest then due on its School Bond, Series of 1975, dated December 15, 1974, and numbered . Clerk, Board of Supervisors of Albemarle County, Virginia Chairman, Board of Supervisors of Albemarle County, Virginia 8. The full faith and credit of Albemarle County are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually on all locally taxable property in the County an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 9. After the bonds have been awarded, the Chairman and Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the Treasurer of Virginia on behalf of the Virginia Public School Authority upon payment therefor. 10. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be presented to the County School Board of Albemarle County and filed with its Clerk. The bonds hereby authorized shall not be issued by the Board of Supervisors until the County School Board shall have adopted an appropriate resolution consenting to the issuance of the bonds. 11. Such officers of Albemarle County as may be requested are hereby authorized and directed to execute appropriate certificates setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds". Such certificates shall be in such form as may be requested by bond counsel for the County. 12. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be filed forthwith with the Circuit Court of Albemarle County and within ten days thereafter to cause to be published once in a newspaper having general circulation in the County a notice setting forth (1) in brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds. 13. This resolution shall take effect immediately. Motion was then offered by Mr. Carwile, seconded by Mr. Wood, authorizing the Chairman of the Board to sign the following agreement with the Virginia Public School Authority: VIRGINIA PUBLIC SCHOOL AUTHORITY AGREEMENT Proposed sale date: Amount: Number of Participating Localities: February 5, 1975 12:00 noon $16,500,000 15 Name of Locality: Albemarle County Participation: $I,!00,000 If the Virginia Public School Authority agrees to accept the lowest bid offered when the bids are opened, the locality will sell its bonds to the Authority at rates of interest which will produce a differential of not more than 1/10 of 1% over the net interest cost to the Authority. 2. Bonds will be dated December 15, 1974. The first maturity will be December 15, .l~5~__~rfities will be annually thereafter as outlined in the enclosed Maturity Schedule. The Authority intends to receive the bonds in registered form in the amount of each maturity. You will agree to substitute coupon bonds if requested later. Virginia Public School Authority's Commitment to the purchase bonds will be subject to satisfactory legal opinion. Resolutions should be prepared by the locality's approving bond attorney. The Virginia Public School Authority should be notified promptly when the resolutions are approved. Enter here telephone number 296-5621 to reach your Board of Supervisors in session on February 5, 1975, at 12:15 P.M. for the purpose of formally acting upon interest rates fixed by the Virginia Public School Authority. If the Authority deems it to be in the best interest of the Authority and the participating locality to change the February 5, 1975, sale date, this agree- ment will remain in effect for sixty days from February 5, 1975. VIRGINIA PUBLIC SCHOOL AUTHORITY (Signed) R. T. Marsh, Jr., Chairman Date: January 9, 1975 COUNTY OF ALBEMARLE (Signed) Gordon L. Wheeler Title: Chairman, Board of Supervisors Date: January 22, 1975 465 F- Mr. Wheeler said the Virginia Association of Counties and the Virginia Municipal League have been negotiating with the Virginia Electric and Power Company for over a~ year on electric rates. An agreement has finally been reached which will run through June 30, 1976. This interim agreement is as follows: Basic rates to become effective retroactive to July 1, 1974. Fossil Fuel adjustment to be effective retroactive to November 1, 1974. Non-urban counties ....... Cities, towns, urban counties and Redevelopment and Housing Authorities . . . ......... 1.705 " " Ali electric schools and office buildings during heating months. (Rates above during non- heating months.) .......... 1.445 " " Off-peak pumping between hours of 9 p.m. and 7 a.m ................ 1.105 " " Initial Rate ..... 2.085 per kWh Rate from July 1, 1975 2.285 per kWH 1. 905 " " 1.595 " " 1. 205 " " Water and Sewer Authorities would be classified according to whether previously used 15 or 25 rate for general energy use and would have available off-peak rate if applicable to operation. Street Lighting - Mercury Vapor Rate from Lumens Initial Rate July 1,1975 3,300 $34.65 per year $38.12 per year 7,000 47.30 " " 52.03 " " 11,000 63.00 " " 69.30 " " 20,000 88.80 " " 96.60 " " 33,000 127.15 " " 136.85 " " 53,000 173.20 " " 184.80 " " Rates for incandescent, fluorescent and sodium vapor would be developed as necessary within framework of the above schedule. Fossil Fuel Adjustment Clause applicable to all usage billed from and after November 1, 1974. Installment payment of retroactive amounts. VEPCO to supply cost of service study on street lighting by July 1, 1975. Mr. Wheeler asked Mr. Clarence McClure for comments. Mr. McClure said the School Board.was appalled by the electric rates as projected by VEPCO and Appalachian Power Company. The increase that was projected would have cost the County $375,000 per year. This rate will bring that figure down to $265,000 and is a relief over what was projected for the 1975-76 school year. Mr. Wheeler said the committee which negotiated these rates found: 1) that local government, both cites, towns and counties were giving easements and franchises to utility companies at nominal amounts; and 2) that the property owned by utilities is not assessed like other property owners, nor do they pay the same rates on that property. Mr. Wheeler said there was also a bill introduced into the General Assembly last year which would place control of rates for localities in the hands of the State Corporation Commission. The bill passed the Senate by a 92-1 vote, but was carried over. There was a hearing on this bill last Monday and it has been referred to a sub-committee. Mr. Wheeler said the Board must make sure that the bill is either defeated or if this authority is given to the State Corporation Commission that the Commission be aadvised of these discrepancies. In the meantime, the Board should ratify this agreement which runs through June 30, Mrs. Martha Seldon was present. She asked who sets the thermostats in the County Building and noted that it is always hot at Albemarle High School. Mr. Batchelor said the County Building has an old system and cannot be adequately controlled over the entire building. Mr. McClure said when you put 2000 people in a building like Albemarle there is no need to add any heat other than at the entrances where people are going in and out all the time. The school maintenance people do pay particular attention to thermostats and try to conserve energy. Mr. Thacker then offered motion to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of AlbemarIe County that a certain agreement negotiated between Virginia Electric and Power Company, on the one hand, and Virginia Municipal League and the Virginia Association of Counties on the other hand, a copy of which is hereto attached and incorporated by reference, (Note: As set out above) be, and the same hereby is, ratified and affirmed. It is under- stood that the County of Albemarle is a nonurban county for purposes of this agreement. 1-22-75 (Day) The motion on the foregoing page was seconded by Mr. Fisher and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Fred Payne noted that there is now a suit pending before the U. S. Supreme Court by the National League of Cities against the U. S. Secretary of Labor to enjoin the enforcement of a portion of the Fair Labor Standards Act applicable to local governments. Chief Justice Warren Burger has issued a temporary injunction against enforcement of this statute. The Board is being requested by the Virginia Attorney General's Office to adopt a resolution supporting the filing of a brief amicus curiae in this ca'se. Such a brief is filed by a person having a interest in the outcome of the case who is not a party to the case. It is for the infor- mation and guidance of the court. In essence, the Board would say they agree with the Attorney General in his support of the National League of Cities in trying to have this act declared unconstitutional. Mr. Batchelor said the Virginia Association of Counties at a meeting three weeks ago passed a resolution asking boards of supervisors to adopt this resolution. The Fair Labor Standards Act was passed by Congress. The Department of Labor in its administrative procedures included firemen, policemen and workers of local governments in stringent hour and pay classifications. By this, the local govern- ing bodies will now be subject to what the Department of Labor wants to do with their employees. The case before the court states that the local elected officials should set pay scales, hours of operation, etc. This case will reaffirm that position and not let this authority be taken by the Secretary of Labor. Mr. Fisher said if he had seen some background on this and agreed with the analysis of the case he may have been prepared to support i~, but he was not anxious to take any stand on the Fair Labor Standards Act. Mr. Wood said it was very well explained at the Virginia Association of Counties Executive Board meeting. As the Fair Labor Standards Act now stands, the Board should be paying accordingly. The Board has three options. 1) Do not comply; 2) comply; or 3) do not comply, but set aside in a separate fund the amount of monies that would be paid if the County did comply. If the Court case is then lost, the monies would be available with which to comply. Mr. Wood said he would recommend that the Board adopt the resolution, but since they did not have the same information he has received, that someone who could explain the problem be asked to a Board meeting as soon as possible. Mr. Michael Carroll was present. He said the Fair Labor Standards Act as it applies to the County is not that different from present practices. It does exempt certain people to whom no overtime is paid, such as department heads, assistant department heads, and certain people in Social Services. The County is required to pay overtime to inspectors. For many jurisdictions it is important, because policemen and firemen are included in the same parts of the law, and these jurisdictions are required to pay people for sleep hours. Mr. Batchelor said this will make a big difference in what the County pays to the City for firemen's compensation. He said although this may be a minimal cost to this County, it will be important in the future because it takes away authority of the local governing body to do with its employees as it feels it should. It is the first step of Federal encroachment on local self determination. Mr. Carroll said he has spoken to a consultant for the Municipal League in the State of Virginia. He was told that the law requires not only the reporting of overtime hours, but the hours worked every day by every employee. Mr. Carwile offered motion to adopt the following resolution. The motion was seconded by Mr. Wood: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, that Albemarle County hereby endorses the action of the Virginia Attorney General's Office, the Virginia Assoc- iation of Counties Executive Board and other counties and localities in Virginia in the filing of a brief amicus curiae in the case of National League of Cities v. Brennan supporting the National League of Cities in its efforts to have the amendments of the Fair Labor Standards Act declared uncon- stitutional. Mr. Fisher said he did not have enough background information and was not prepared to have this act declared unconstitutional. Mr. Henley said he will support the motion because he can see it will cost more in the Sheriff's Department and the Jail. The Sheriff has been giving time off the next week when a deputy worked overtime and this act would prohibit that. Mr. Carwile said the implications of this act have previously been explained to the Board in discussions of personnel needs and budgetary problems in the County. Vote was taken at this point and the motion carried by the following recorded vote: ~ ~ AYES: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. NAYS: Mr. Fisher. At 4:15 P.M. the Board continued with a discussion of highway projects with Mr. Robert Warner, Resident Engineer, Virginia Department of Highways and Transportation; list of these projects was furnished by Mr. Warner. No. 1) Project 0614-002-104,C502. Route 614 between Route 676 from Meriwether Lewis School down to Whippowill Hollow bridge. Traffic count is 900. It is not anticipated to be financed in the n~xt five years. No. 2) Project 0631-002-128,C502. This project is from the end of Route 631, (Rio Road), just completed, to the By-pass at McIntire Road. Grading work originally estimated at $500,000. No. 3) Project 0631-002-128,B612. Part of the Rio Road project. This is the bridge over Meadow Creek. $10,000 has been allocated to finance surveying. At this time, no additional financing is anticipated in the next five-year period. No. 4) Project 0637-002-138,C501 and B-623. This is for reconstruction of Route 637 from Interstate 64 into Ivy. It is currently financed so it can be advertised in the fiscal year 1975-76. $126,600 has been allocated toward an estimated cost of $354,350. Mr. Warner said the traffic pattern on this road has not changed during the past few years seeming to make this expenditure unnecessary. Mr. Fisher said there have two public hearings on this project since 1971. At the last public hearing there seemed to be a concensus that the proposal presented was good, however, nothing has been done since the summer of 1973. Mr. Fisher also felt that in its present state, the road will not handle any additional traffic. Mr. Wheeler said there are other roads in the COunty where traffic is increasing and they are more dangerous than this road. He felt the traffic has not increased because there is no need to use that road. Mr. Fisher said that is partly true, but if nothing is going to be done, the Board should take some type of action and tell the citizens. Mr. Thacker asked if funds allocated to this project could be reallocated to another road. Mr. Warner said yes, but, although funds have been allocated, because of the bad financial position of the Highway Department, the funds may have already been used for another project and the actual cash is not available. Mr. Wheeler asked Board members for comments on whether this project should be left on the list. Mr. Henley said he feels there are other projects which are more important, but eventually this one will have to be completed. Messrs. Carwile, Wood and Thacker agreed. Mr. Fisher reiterated that the citizens have been led to believe that something would be done to that road, the Board had, at one time, set this as a high priority, and he felt those people have been mislead. Mr. Wood disagreed. He said he had attended the public hearings held on this project and all he had heard were objections. Mr. Wheeler said he felt the citizens would understand that this is no longer a high priority. No. 5) Project 0601-002-150,C501 and B-629. Route 601 across bridge at Free Union, past Lewisfield, across Moorman's River. This is for approaches to both sides of the bridge and the bridge surface. This project was set up to eliminate the truss span on the bridge. Cost estimated at $444,500 but only $13,000 has been allocated for engineering costs incurred. It is not expected to be financed in a five-year period, but will not be deleted from the list of projects. No. 6) Project 0649-002-151,C501 and B630. Route 649, railroad bridge at Proffit. This project has already been deferred by the Board. No. 7) Project 0684-002-152-C501 and B631. Route 684 from Yancey's Mill to Route 691. This project has already been deferred by the Board. No. 8) Project 0743-002-153,C501. Route 743 (Hydraulic Road). $25,000 has been allocated for surveying. Estimated cost of project is $1,556,000. Mr. Warner said if traffic is increased by 5000 cars, as is expected, this project should be advertised in 1977-78. No, 9) Project 0614-002-!56,C501. This project on ROute 614 picks up on the other side of the Whippowill Hollow bridge and goes to White Hall. Anticipated cost is $54,700, but is not expected to be financed in the next five-year period. No. 10) Project 0676-002-157,C501. This is the section of White Hall road (Route 676) between VanDevender's Store and where Route 614 starts at Owensvil!e. Estimated cost is $249,200 and will not be financed in the next five-year period. No. 11) Project 0649-002-158,C501. Airport. Not funded. Route 649 from Route 29 North to the No. 12) Project 0684-002-159,C501. Route 684, Mint Springs Road. $173,000 has been allocated from Recreational Access funds but will require an additional $112,000 in County funds. Mr. Warner felt this project has an edge over projects funded completely with State monies. No. 13) Project 0616-002-162,C501 and B632. This is the section of Route 616 from Interstate 64 to Route 22 and includes the bridge over the Southern Railroad. Mr. Wheeler said this road is dangerous, but if the traffic count does not show an increase this project should also be deferred. No. 14) Project 0600-002-166,FS702. Route 600, this is for a railroad signal at Campbell. This installation is to comply with the Federal Safety Act and will be partially funded with Federal funds. This project should be completed somevime later this year. No. 15) Project 0665-002-167,C50! and B634. Section of Route 665 between Free Union and Earlysville. This is to replace truss bridge and approaches on each end. $100,000 has been allocated out of the Highway Department's District Bridge Fund for the 1978-79 year. The remaining $200,000 will have to be funded by the County. No. 16) Project 0684-002-168,FS703. Railroad crossing signal on Route 684 near Mint Springs Road. This project is included based on the hazard index. (Note: Railroad signal on Route 744 will be next highest priority for this type of project.) Mr. Warner said the project for Hydraulic Road was included because it will take four or five years of financing to get $1,600,000 together to start this project. He has seen plans for development which will take place along this road. It is anticipated that work can begin in 1977. Mr. Wheeler asked Mr. Warner where the $126,000 allocated to Route 637 could be best used. Mr. Warner said it would speed up the financing on Route 743 (Hydraulic Road). Mr. Wheeler asked his second choice. Mr. Warner said it could ~be used to complete the last section of Route 631 (Rio Road). There is a lot of development contemplated to take place in that area. Mr. Wheeler asked Mr. John Humphrey, County Planner, which project should receive priority status. Mr. Humphrey said they are equally important. Additional right of way will be required for Route 631. Apparently this will not become available until the land is developed. At this time, there is more traffic on Route 743. There are also large developments on the drawing boards which will add traffic to Route 631. Mr. Thacker asked if the portion of Route 631 in the City could be funded by the City. Mr. Warner said he thinks this is a top priority item for the City's urban funds. Mr. Carwile asked if Mr. Warner knew how far ahead City funds are committed. Mr. Warner said he was not sure. Mr. Wood said over 3500 cars a day are being channelled from the newly widened and improved portion of Route 631 into the curve at the end of Park Street and across that narrow bridge. He did not think $126,000 would accomplish much on Route 743 but could help on Route 631 when right of way becomes available. Mr. Wheeler said it appeared to be the concensus of the Board that the $126,000 allocated to Route 637, initially be transferred to Route 743. He sa~d~if urban funds become avail~able for the City and developers indicate a willingness to do their part, ~riority status for Route 631 should be returned to the Board for a decision. Mr. Wood as~ if Route 743, near the Rock Store, will be fixed with State forces. Mr. Warner said that will be included in the overall project for 743. Mr. Humphrey asked if this a realignment and widening of payment on Hydraulic. Mr. Warner said this will be ultimate cross sections, four Ianes divided from Emmet Street to Albemarle High School and from there out it will be four lanes undivided, but all will have curb and gutter. Mr. Wheeler asked if the work now in progress on Route 20 North is being done by State forces. Mr. Warner said this is contract work and is part of the emergency relief money from Hurricane Agnes. 1-22-75 (Day) 46.9 Mrs. Martha Seldon asked if there has been any consideration given to bike paths. She said there is a petition being circulated at the present time for a strip of asphalt on Route 29 North and the 250 By-pass. No one commented. Mrs. Joan Graves asked if there were any plans to realign Whitewood Road with Lamb's Road where they both enter onto Route 743. Mr. Humphrey said it is felt that the two roads should be realigned but it will require additional land acquisition. At this point, Mr. Carwile offered motion to adopt the following resolution: WHEREAS, on April 18, 1974, Mr. D. B. Hope, District Highway Engineer of the Culpeper Office of the Virginia Department of Highways, met with the Board of Supervisors of Albemarle Count~, Virginia, and discussed several proposed routes for Project 0637-002-138,C501 and left it to the discretion of the Board as to the need for this project; and WHEREAS, the Board met with Mr. R. G. Warner, Resident Engineer, Virginia Department of Highways, on January 22, 1975, and thoroughly discussed certain highway projects within Albemarle County and the cost and current need for these projects; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia, hereby requests the Virginia Department of Highways to transfer the balance of that allocation for Project 0637-002-138,C501 to Project 0743-002-153,C501. The foregoing motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Henley, Thacker, Wheeler and Wood. Mr. Fisher. Mr. Fisher offered motion to adopt the following resolution. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. WHEREAS, the Board of Supervisors of Albemarle County; Virginia, and the City Council of the City of Charlottesville, Virginia, have entered into an agreement to operate jointly a landfill on State Route 637 known as the Ivy Landfill; and WHEREAS, these contracting parties have agreed that the portion of State Route 637 which lies betWeen Interstate 64, Ivy Interchange, and the entrance road to the landfill on State Route 637, containing approximately three (3) miles of highway, must be improved to safely handle the increased traffic related to the landfill use; and WHEREAS, for the past two (2) years Albemarle County and the City of Charlottesville have used this landfill, and the Virginia State Department of Highways is fully aware of the cost and trouble to which the County's and City's maintenance forces have been put in order to keep this section of road in usable condition; and WHEREAS, there is nothing that can be done on a mainte- nance level to overcome the potential hazards to traffic which are inherent in the~eslgn?og2~his road; and ~REREAS, the Board of Supervisors of Albemarle County believes that the general public and residents of the area should be provided with a road that is adequate to handle this special use traffic; NOW, THEREFORE, BE IT RESOLVED that the Board of Super- visors of Albemarle County does hereby solicit the aid of the Virginia State Department of Highways regarding the improvement of a certain section of State Route 637 which extends from the Interstate 64, Ivy Interchange, to the entrance road of the Ivy Landfill, a distance of approx- imately three (3) miles and formally request the following services in this undertaking: 1. The Virginia State Department of Highways shall perform the following: 470 1-22-75 (Day) a. Surveys necessary to the location and design of the propo~d~oad and to the acquisition of property, rights-of-way, relocation of utilities, drainage easements, etc. ~. Preparation of plans and specifications and cost estimates of the project. c. Acquisition of property. do thereto. Construction of the road and all matters related 2. The extent of the improvements desired shall be what, in the opinion of the Virginia State Department of Highways, is necessary to bring said three (3) miles section of State Route 637 to a standard commensurate with the needs of the traffic which is generated by reason of the location of the Ivy Landfill, now serving Albemarle County and the City of Charlottesville. 3. In the taking of bids and awarding of contracts, the Virginia State Department of Highways may act for the Board of Supervisors, if such a position is deemed advantageous in time or money. 4. Albemarle County, in conjunction with the City of Charlottsville, shall be responsible for the prompt payment of all costs to the Virginia State Department of Highways which may be incidental to this project, for which the Department shall render monthly bills. 5. Prior to the beginning of any construction, the County ~hall~ha~a~th~pportunity to review designs and costs and to r~ue~or~S~ns~ ~h~e~sUeh~y seem~de~rah~e.~and-~p~acticable. Construction will proceed when Albemarle County gives notice of acceptance to the Virginia State Department of Highways. If the Virginia State Department of Highways is unwilling or unable to furnish any of the services requested in this resolution, the Board of Supervisors of Albemarle County request permission from the Virginia State Department of Highways to proceed with surveys and designs and construction of said highway in conjunction with the City of Charlottesville. Classification Pay Plan Addition. Mr. Michael Carrall, Personnel Dep~i~ment, ~was present. He said the State Department of Welfare has indicated they will not approve Albemarle County's new pay plan unless certain changes are made. The area~£~c~ne~n is the abolishment of the position of Senior E!i~ibility Worker. The consultants who drafter the County plan recommended that all eligibility workers, including those previously classified as "senior" be grouped under the title of Eli.gibility Worker. The consultants felt that the duties performed were not of a sufficiently varied nature to justify having two ~lasses of workers. According~to State job descriptions, a senior eligibility worker is distinguished by the fact that the worker may supervise one to three other workers, may perform intake, and may act as a quality control reviewer. There are certain advantages to having a classed call senior eligibility worker. The most important is creation of a kind of career ladder inviting experienced eligibility workers to stay with the County. The turnover on the eligibility staff has traditionally been quite high. Mr. Thacker then offered motion to amend the Pay and Classification ~lan by the addition of the title Senior Eligibility Worker, as recommended by the staff. The motion was seconded by Mr. Woo~ and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Wheeler noted that several names have been mentioned as appointees to the Planning Commission; Mrs. Joan Graves, Mr. Don Sibold and Mr. Ry~and Moore. He asked if there were any further names to be added to the list. No further names being given, he then asked the Board members ~o name their choice as the Clerk called the roll and added that if no candidate received a majority vote, the name of the p~rson with the least votes would be dropped and the roll would be called again. The first vote was recorded as follows: For Mrs. Joan Graves: For Mr. Ryland Moore: For M. Don Sibold: Messrs. Fisher and Wood. Messrs. Carwile, Thacker and Wheeler. Mr. Henley. 1-22-75 (Day) A71 The second vote was recorded as f~lt~ws: ~r~Mrso Graves: Messrs. Fisher, Henley and Wood. For Mr. Moore: Messrs. Carwile, Thacker and Wheeler. Mr. Thaaker asked if the tie-breaker must be Called for ahtie on appointments. Mr. St. John said he knew of no exception to this rule. Mr. Thacker then moved that the vote be reconsidered. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Third vote was recorded asffollows: ~or Mrs. Graves: For Mr. Moore: Messrs. Fisher, Henley, Thacker, Wheeler and Wood. Mr. Carwile. Mr. Wheeler congratulated Mrs. Graves who was present at this meet. Mr. Thacker said he has every confidence in~-Mrs. Graves' abilities and feels she Will do a fine job. Mr. Wheeler recommended that the following persons be appointed to the Equalization Board for 1975. Messrs. John Schwab, Harland Manweiller, W. H. Paine, Ry!and Moore and Mrs. Edith Kindrick. Motion.to this effect was offered by Mr. Thacker, seconded by Mr. Wood and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Cable T.V. Franchise. Miss Page Godsey said she has been working-with Mr. James Bowling, Deputy County Attorney, on this matter. At this time, they do not want to recommend hiring a consultant and since it will consume a great amount of staff time, some direction is needed from the Board. Messrs. Wheeler, Wood and Carwile indicated they are in favor of franchising. Mr. Carwile said it ho~d~he~:~lim~ate~disparities in who.receive~ services and who does not and ~_J~i?Ra~iti~__i~ rates charged. There is need for a franchise because the present provider of T. V. service (Jefferson Cable) may be reluctant to extend service into the County because of the lack of a franchise. Mr. Fisher asked if this would also set up standards for those providing services so the citizens are protected in this way. Mr. Carwile said it can also benefit by providing channels for the School system should they decide to use same. He did not recommend the County becoming involved in the fancies that can be provided such as reading the electric meter. Miss Godsey said the Board has the authority to grant this type of franchise, but must work under regulations of the FCC. One of these regulations requires public input. Then the Board must decide if they are going to let this out for bids or negotiate with the current provider, Jefferson Cable. She asked if the Board would prefer for the staff to draft a sample ordinance and then hold a public hearing so the citizens can say what type of service is wanted. Mr. Wheeler indicated the staff should draft an ordinance and then have it put on the agenda for a public hearing. Mr. Bowling said in drafting the ordinance it is partly controlled by technical requirements of the FCC and assistance will be needed for that part of the ordinance. The Board must also decide the service area of the franchise. Miss Godsey said part of the question to be resolved is economics and the staff would like to have a Board member work with them. Mr. Wheeler suggested that Mr. Fisher and Mr. Carwile work on this and return this question to the Board at the proper time. Next on the agenda was approval of the minutes of October 17 and November 4, 1974. Mr, Fisher noted the following correction: Page 292, paragraph 2, change word "Dr." to "Mr." Mr. Fisher then offered motion to approve these minutes with the correction noted. The motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. 1-22-75 (Day) 47'2 Mr. Wheeler said it has been suggested that Mr. R. D. Wade be appointed a member of the Housing Board because of his experience in this field. Motion to this effect was offered by Mr. Fisher, seconded by Mr. Carwile and carried by the fol~lowi~g recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. Mr. Wheeler said he will be meeting with the Housing Committee on January 29, 1975, at 4:30 P.M. to give them their charges. Mr. Wheeler noted that the Board has been served with a notice that Central Virginia Electric Cooperative has applied to the State Corporation Commission for a rate increase. A public hearing will be held on this application on March 27, 1975, at 2:00 P.M. in Richmond. At 5:40 P.M.; Mr. Fisher offered motion to adjourn into executive session to discuss legal matters. The motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: NAYS: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. None. The Board reconvened at 7:30 P.M. and upon proper motion, the meeting was adjourned.