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1990-02-07 adjFebruary 7, 1990 (Afternoon Adjourned Meeting) (Page 1) 116 An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on February 7, 1990, at 3:30 P.M., Meeting Room #5/6, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Messrs. Edward H. Bain, Jr. (arrived at 3:46 P.M.), David P. Bowerman (arrived at 3:37 P.M.), F. R. Bowie, Mrs. Charlotte Humphris, Mr. Walter F. Perkins (arrived at 3:38 P.M.) and Mr. Peter T. Way. BOARD MEMBERS ABSENT: None. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive, and Mr. George R. St. John, County Attorney. Also present was Mr. Robert W. Tucker, Jr., Deputy County Executive. Agenda Item No. 1. Call to Order. The meeting was called to order at 3:.38 P.M. by the Chairman, Mr. Bowie. Agenda Item No. 2. Discussion: Fiscal Resources Committee Report. Present were: Messrs. William J. Kehoe, F. Anthony Iachetta, Leroy Yancey, and Vernon W. Jones, Jr. of the Fiscal Resource Advisory Committee. Mr. Bowie said the first item for discussion is the.establishment of a standing Fiscal Resource Advisory Committee as was recommended in the Fiscal Resource Committee's Report. He said the present committee has agreed to remain should the Board desire to reappoint them. Mr. Kehoe added that the Committee accomplished its purpose as an ad hoc committee. However, they felt that the County should have a standing committee to help implement the recom- mendations included in the Report. Mr. Way said he concurred that there should be a standing committee, and he feels the present membership is qualified to do the job. He then offered a motion to reappoint the members of the Fiscal Resource Advisory Committee for a term ending December 31, 1990. The motion was seconded by Mrs. Humphris. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Mr. Bowerman, Mr. Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. None. Mr. Bain. Mr. Bowie said part of the purpose of the Fiscal Resource Advisory Committee was to have a citizen's committee prepare a report and then to obtain input from the public. He said the Committee presented their report in December, and now a method needs to be determined as to how to gain the maximum amount of public exposure. (Mr. Bain arrived at 3:46 P.M.) Mr. Kehoe said it is important to have the information in the Report circulated in the community through a public forum. He said the Committee felt that, since they were appointed by the Board, they would seek the Board's direction as to whether to set up public discussions or whether the Board members would rather hold public meetings. Mrs. Humphris added that it is important to have the media publish the recommendations as a foundation to any public forum. If the people are not exposed to the ideas in the report, they will not attend the meeting. Mr. Bowie said he feels it is more logical that the Advisory Committee present the Report to the public and receive the input from the perspective a citizens in the community. Mr. Iachetta said the success or failure of such a meeting will depend on the publicity. Mr. Yancey said the Committee had discussed sending invita- tions to special interest groups referred to in the Report as a means of creating interest in the meetings. February 7, 1990 (Afternoon Adjourned Meeting) (Page 2) 117 Mr. Iachetta suggested that the League of Women Voters be involved in setting-up a public meeting since they were active in creating the Committee. Mr. Kehoe said the Committee, in conjunction with the League of Women Voters, would like to have at least one large public meeting by March 7. He said he would be glad to contact the media. Mr. Bowie suggested that a news conference be held to announce the first meeting. Mr. Agnor noted that there may be some confusion on the part of the public by holding another public meeting while the School Board is holding hearings on their budget, and the Board of Supervisors is holding public meetings on the operating budget. Mr. Iaahetta said the recommendation in the Report dealing with capital outlay requirements for buildings is pertinent to the issues the School Board will be discussing. Mr. Agnor said that recommen- dation would apply to the next cycle of the capital budget beginning in the fall. Mr. Bowie asked if any Board members objected to the Fiscal Resource Advisory Committee setting up public meetings as discussed. There was no objection raised by Board members. Mr. Bowerman asked if the input from the public regarding the Report needs to be available to the Board for its budget hearings. Mr. Bain said he considers the input from these hearings as being used for long term planning. Mr. Bowie said he thinks there is time for this Committee to have a public meeting before the hearings begin on the budget. Mr. Kehoe said they would have at least one public hearing before March 15 and coordinate it with the League of Women Voters. Mr. Perkins suggested that it might be possible for members of this Committee to attend the hearings on the school budget and the work sessions by the Board and analyze them from the perspective of citizens in the community. Mr. Yancey concurred and asked if there are any ground rules the Board would like to set for the Committee. Mr. Bowie said he sees the role of this Committee as a conduit between the public and the Board regarding financial information. Mr. Kehoe said he feels the charge of the Committee to advise the Board with regard to fiscal resources remains the same now that it is a standing Committee. Mr. Bain asked how much staff time will be required to assist the Commit- tee and will current staff be sufficient. Mr. Kehoe said initially there would be little need for staff assistance. He added that staff support from Ms. Roxanne White and Mr. Robert Walters has been outstanding. Mrs. Humphris asked the timetable for actually"giving birth" to the fiscal resources plan. Mr. Bowie said there is a recox~endation for a five- year financial forecast. He said he hopes the results of these public meet- ings will produce an understanding of priority items and methods for implemen- tation of them. He said that no date has been set as a goal for any particu- lar recommendation. Mr. Kehoe said the five-year financial plan would be developed by the staff, not by the Committee. Mr. Iachetta said the Committee felt that the ultimate financial plan has to be the responsibility of the Board of Supervi- sors. Mr. Kehoe said the first step would be to inquire of staff the amount of time it would take to develop a five-year plan. Mr. Iachetta said the Committee was not in a position to make a specific recommendation on the issue of tipping fees because the Solid Waste Task Force was still developing its report. He said that is an area having a significant impact on the capital improvements. Mr. Bowie asked that staff determine the amount of time it would take to develop a five-year financial plan. Mr. Agnor said he would bring that information back to the Board. Mr. Yancey asked what staff support is available to the Committee. Mr. Agnor said staff is currently inundated with work on the budget, and there February 7, 1990 (Afternoon Adjourned Meeting) (Page 3) 1i8 would be minimal help available from staff until the budget cycle is complete. Mr. Yancey said staff support would not be needed in setting up meetings for the public. However, there would be a need for help later in the process. Mr. Iachetta concurred. He said the results of the meetings may dictate what type of assistance the Committee will need in the future. Mrs. Rochester from the League of Women Voters, noted that the League would provide staff assistance to the Committee. Mr. Bowie asked if there are any items the Board would liketo discuss as priorities from the recommendations in the Report. Mr. Jones said he would like to emphasize the cost reduction of capital improvement projects. He said the Committee discussed this item a great deal relative to future school projects and the cost of the most recent school projects. Mrs. Humphris asked the process required to change the Land Use Taxation Ordinance as recommended in the Report. Mr. Bowie said staff would have to prepare such a report. Mr. Agnor said he would come back with a report to the Board. Mr. Yancey said he thought that the recommendation for semi-annual collection of real estate tax could be implemented. Mr. Bowie said the Board has discussed this idea many times, but has decided not to implement this at the present time. Agenda Item No. 3. Report from Committee: Gymnasium Floors. Mr. Agnor said the committee to discuss the disposition of the type of gym floor to be used in Albemarle County schools met on January 30. The committee consisted of Mr. Perkins and Mr. Way from the Board of Supervisors; Mr. Bagby and Mr. Finley from the School Board; and staff members from General Government and the Schools Division. The committee recommends that wooden floors be provided in gymnasiums for new and renovated schools in the future. It is also recommended that the Crozet, Stony Point and Yancey Schools cur- rently under construction use wood gym floors. The committee recommends that the Board authorize the use of contingency funds currently provided in the Crozet, Stony Point and Yancey School projects to fund the additional costs. The additional estimated cost ranges from $24,600 to $26,700 for each school. Mr. Agnor said the Crozet school is 25 percent complete with a contingency fund balance of $36,400. The Yancey project is 56 percent complete with a balance of $36,900 in the contingency fund. Stony Point has $71,000 in the contingency fund at 23 percent completion. Mr. Way said the gym floor cost will likely overrun the contingency fund for the Stony Point project because of other construction problems. He said there was overwhelming information to support the use of wood gym floors. Although the initial cost is greater, the long term cost for the life of the floor is a savings. Secondly, the wood floor clearly provides a safer choice. Mr. Bain said the justification is clear, and he has no problem with the recommendation. He offered a motion that the Gym Floor Committee's recommen- dations be accepted. The motion was seconded by Mr. Way. Mr. Bowie asked what happens if the contingency accounts are overrun. Mr. Agnor said the bond issue allowed funds beyond the actual construction bids which can be applied to the next approved project or used for contingency needs in current projects. .~ Mr. Bain asked if the school custodians or a special maintenance crew maintains the gym floors. He said he is concerned about taking care of these floors, especially in light of heavy community use.~ Mr. Agnor said the regular custodial staff maintains the floors. Mr. Perkins said the design of the schools in which the gym and the auditorium arei!combined causes more wear and tear. He said he feels a better design is a combination of the cafeteria and the auditorium, leaving the gym in a separate Part of the building for recreational activities only. i' Mr. Bowie clarified the motion that a policy of using wood gym floors is to be used in Albemarle County Schools, and that the cost of the floors be February 7, 1990 (Afternoon Adjourned Meeting) (Page 4) 119 paid for from the contingency funds for the three schools under construction. He noted that no special projects to convert existing tile floors to wood floors are being recommended by this motion. Mr. Bain and Mr. Way concurred with the clarification. Mrs. Humphris asked if there is an exception for combinations of gym and cafeteria. Mr. Way said that point was not resolved by the committee. Mr. Bain said he would not include that in the motion. He would rather make that determination at each school on an individual basis. Mr. WaY said one solution to the combination use problem is to purchase a canvass mat to use when chairs are set out, as is done at the Old Scottsville School. Mr. Bain said he would withdraw his motion and make three separate motions. He then offered a motion that the Board accept the committee's recommendation for a change in policy that wooden floors be provided in gymnasiums for new and renovated schools in the future. Mr. Way seconded the motion. Mrs. Humphris asked if the motion addresses the combination uses. Mr. Bain said he would address that question in a separate motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr.-Perkins and Mr. Way. NAYS: None. Mr. Bain offered a motion authorizing the use of the contingency funds currently in the Crozet, Stony Point and Yancey Schools budgets to fund the additional cost of the wooden floor in lieu of concrete and tile. Mr. Way seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. Bain offered a motion that the policy regarding gym floors in exist- ing schools be that when the determination is made that a gym floor is to be replaced, the replacement floor is to be wood. He said that policy is for schools where the gym is not simultaneously used for cafeterias. Mr. Way seconded the motion. Mr. Bain said it might be better to hold the last motion until the Board can get a report on what schools would be involved. Mr. Bowie said he is not sure the Board has enough information at this point to set a policy for combination uses. Mr. Bain then withdrew his third motion. Mr. Bowie asked staff to report on schools having combination uses for gym floors. Mr. Way asked Mr. Agnor to explain to the School Board the concern of this Board regarding combination uses. Agenda Item No. 3a. Discussion: FY 1989-90 Revenue Projections. Mr. Agnor said he sent a memo dated February 2, 1990, to all Department Heads notifying them that it is estimated that the General Fund will experi- ence a shortage of $950,000 in revenues this fiscal year. Mr. Agnor said the Annual Appropriation Ordinance contains a provision that appropriations are payable in full if the revenues collected are sufficient. If the revenues are not sufficient, the appropriations are available in proportion to the estimat- ed revenue available when the budget is adopted. He explained that the shortfall can be offset in part by $275,000 in the Board's contingency ac- count. The balance of $675,000 will require a reduction in expenditures. Mr. Agnor said he has notified all department heads that a potential reduction in available funds is anticipated. The Finance staff will monitor the revenues on a monthly basis for increases or decreases. Mr. Agnor said increases over revenue estimates have occurred in construction related activities such as real estate taxes, utility taxes, and building permits. However, these February 7, 1990 (Afternoon Adjourned Meeting) (Page 5) 120 increases are totally offset by decreases in personal property taxes due to a depressed market value of used cars and decreases in machinery and tools from revisions in assessing taxable equipment for manufacturers. In addition, reductions in sales tax collections and decreased revenue from decal sales is anticipated due to the short license year. Mr. Agnor said in April, a final revenue figure will be given to agencies and Departments. He noted that if the revenues should go over projections, the increases are held for the fund balance needs. Mr. Bowie said the County is within one percent of the revenue projec- tions every year. He personally feels that 99 percent accuracy in revenue projections is phenomenal. He said it is unfortunate that the perception by the public is that there is a problem. There was no further discussion of this item. Agenda Item No. 4. Other Matters Not Listed on the Agenda. Mrs.,, Humphris offered a motion to appoint Mr. Dennis Rooker as a citizen member on the Metropolitan Planning Organization (MPO) Technical Committee. She said she served on that cormmittee for seven years because the Board of Supervisors who appointed her wanted a citizen in a "watchdog" capacity. She feels that a citizen in that capacity is still necessary. She said Mr. Rooker is a local attorney who is interested in the MPO. She said he has a good understanding of what the MPO is and what the Technical Con~nittee is supposed to do. She said Mr. Rooker has a great deal of interest in transportation. She feels this committee member has to be able to challenge the Department of Transportation regarding certain requirements, and she feels Mr. Rooker will be a good representative for the Board. Mr. Bowerman seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. Bowerman offered a motion nominating Mr. Keith Rittenhouse, Chairman of the Planning Commission, as a representative to the Planning and Cordination Council (PACC), Technical Committee. Mr. Bain seconded the motion. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. Mr. St. John said a representative of the media questioned the Board's procedures for holding Executive Sessions. He discussed the procedures in person and by letter with the person making the complaint. He said the Board has done nothing illegal, although the criticism is well taken that the Board could be more specific about the subject to be discussed in Executive Session. He said the Board would receive a copy of his letter to Ms. Sara McConnell of WINA radio station. Mr. Bowie said if the Board is not doing something right by reading the page of information contained in a motion for Executive Session, he would like to have some sample words. Mr. St. John said the Board is doing exactly what he advised them to do with regard to Executive Sessions. He said he discussed this question with the Chief Deputy Attorney General as a result of Ms. McConnell's question. The Board is doing nothing illegal. However, just because a subject is shown on the list of items which can be discussed in executive session, does not mean the Board has to discuss those privately. For example, under the topic of disposing of public,property, an executive session is not necessary unless the County is engaged in negotiations that would be prejudiced by disclosing the matter. The motion should specify the nature of the subject under discussion. There is no statutory language that says how specific the motion is to be. The spirit of the law is that as much information as is possible be given without prejudiCing the person or the transaction involved. Mr. St. John said again that the Board has not been February 7, 1990 (Afternoon Adjourned Meeting) (Page 6) 121 guilty of any violation. He thinks that the Board can be more conscious of making specific motions in the future. He said Ms. McConnell was concerned about being able to track the discussions in executive session when a public action is finally taken. Mr. St. John said when the Board is discussing a - current employee's performance, it is not necessary to specify the Department or the level whatsoever. That is the purpose of the personnel exemption. On the other hand, the language for disposal of property can be more specific. Mr. St. John noted that Ms. McConnell's criticism was offered in a construc- tive way. Mr. Bowie said if there is a simpler way to adjourn into executive session, he would like to have some sample words to use. Mr. St. John said he would not give the Board a form. On a case-by-case basis, he would advise the Board of the appropriate words. He said the Board should not be reading a "script" motion. The motion should be tailored to each situation. Agenda Item No. 5. Adjourn. At 5:16 P.M., with no further business to come. before the Board, the meeting was adjourned.