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HomeMy WebLinkAbout1996-09-17 adjSeptember 17, 1996 (Adjourned Meeting) (Page 1) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on September 17, 1996, at 5:00 P.M., Fourth Floor Confer- ence Room 241, County Office Building, McIntire Road, Charlottesville, Virginia. This meeting was adjourned from September 16, 1996. PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Walter F. Perkins and Mrs. Sally H. Thomas. ABSENT: Mr. Forrest R. Marshall, Jr., and Mr. Charles S. Martin. OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr., and County Attorney, Mr. Larry W. Davis. Agenda Item No. 1. Call to Order. The meeting was called to order at 5:06 p.m., by Mrs. Humphris. Agenda Item No. 2. Executive Session: Legal Matters. Motion was made by Mr. Bowerman, seconded by Mrs. Thomas, that the Board go into Executive Session pursuant to Section 2.1-344(A) of the Code of Virginia under subsection (7) to consult with legal counsel and staff regard- ing specific legal matters concern-ing reversion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. Agenda Item NO. 3. Certify Executive Session. At 6:11 p.m., the Board reconvened into open session. Motion was made by Mrs. Thomas, seconded by Mr. Bowerman, to certify by a recorded vote that to the best of each Board member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the Executive Session were heard, discussed or considered in the Executive Session. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. Agenda Item No. 4. Other Matters not Listed on the Agenda from the Board. Mrs. Humphris said when trying to develop a status report about rever- sion and related matters for the citizens of Charlottesville and Albemarle, the Board became aware that the greatest stumbling block is uncertainty about where the respective governing bodies stand on several issues. In an attempt to further dialogue between City Council and the Board, the following position paper is being offered. The Board's hope is that the paper will make discus- sions easier because it removes some ambiguities that ultimately stand in the way of fruitful discussion. Mrs. Humphris then presented the following resolution: RESOLUTION CONCERNING THE REVERSION OF THE CITY OF CHARLOTTESVILLE TO TOWN STATUS WHEREAS, citizens of the City of Charlottesville are ac- tively circulating a petition to initiate the legal proceedings to cause the reversion of the City of Charlottesville to town status; and September 17, 1996 (Adjourned Meeting) (Page 2) WI{EREAS the Charlottesville City Council can unilaterally initiate the legal proceedings to cause the reversion of the City of Charlottesville to town status; and W~EREAS the Albemarle County Board of Supervisors believes it is timely for its position to be clearly and publicly stated; and W~EREAS the Board of Supervisors has determined that it would be in the best interests of the County of Albemarle to avoid protracted and expensive litigation and the court-imposed terms and conditions of a litigated reversion; and W~EREAS if reversion is initiated by citizen petition or by City Council, the Board of Supervisors would prefer, if possible, to achieve a negotiated reversion of the City to town status; and WI{EREAS analyses by the County and City indicate that a reversion of the City to town status is not feasible unless there is a consolidation of the City and County schools systems; and W~EREAS the County and City agree that a joint study of the issues relating to a consolidation of schools under reversion should be conducted by the County and City school boards as the first step in determining whether a negotiated reversion is feasible; and W~EREAS, the Board of Supervisors has determined that a consolidation of County and City schools, unless such consolida- tion is a result of the City's reverting to town status, does not provide a long term and lasting solution to the City's projected financial problems. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors has determined it will not (1) negotiate any amendment to the Annexation and Revenue Sharing Agreement which would provide either additional revenue to the City or expand the City's boundaries, (2) renegotiate the funding formulas of exist- ing joint service agreements to subsidize services provided to the City, or (3) consent to a consolidation of County and City schools unless such consolidation is a result of the City's reverting to town status. BE IT FURTHER RESOLVED by the Board of Supervisors that if after the joint study of school consolidation is completed, (1) the citizens or the City Council of Charlottesville initiate the legal proceedings to cause the reversion of the City of Char- lottesville to town status and (2) it is determined by the County that a consolidated school system resulting from the reversion is beneficial and in the best interests of the community, then the Board is committed to pursuing a negotiated reversion of the City of Charlottesville to town status to provide for a long term solution for the provision of governmental services to the commu- nity in lieu of court imposed conditions of a litigated reversion. If the citizens or the City Council of Charlottesville initiate the legal proceedings to cause the reversion of the City of Charlottesville to Town status prior to timely completion of the joint study, the County will oppose those proceedings to the extent necessary to protect the interests of its citizens from any court-imposed conditions. BE IT FURTHER RESOLVED that the Board of Supervisors sup- ports the initiation of a joint study by the Albemarle County and City of Charlottesville school boards to determine the feasibility and benefits of the abolition of the City school system under reversion and the resulting effects on the County school system which would be required to provide education to the children of both the County and the new town. The Board agrees that the County will equally share the costs of such study with the City of Charlottesville. 000±44 September 17, 1996 (Adjourned Meeting) (Page 3) BE IT FURTHER RESOLVED that after the joint school study is completed and if a negotiated reversion is pursued, the Board of Supervisors supports the joint and systematic study of the ser- vices provided by the County and City to provide information and analysis to aid the County and City in reaching a negotiated reversion agreement. BE IT FURTHER RESOLVED that the Board of Supervisors will continue to work with the Charlottesville City Council regarding these matters and will issue joint status reports with the Council as these matters progress. Motion was made by Mr. Perkins, seconded by Mrs. Thomas, to adopt the resolution as set out above. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin. Agenda Item No. 4. Adjourn. At 6:19 p.m., Mr. Perkins offered motion, seconded by Mr. Bowerman, to adjourn until 7:00 p.m., September 18, 1996, at the Senior Center, for a joint meeting with Charlottesville City Council, Rivanna Solid Waste Authority and the Solid Waste Task Force. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Bowerman and Mrs. Humphris. NAYS: None. ABSENT: Mr. Marshall and Mr. Martin.