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1982-04-21173 April 21, 1982 (Regular Night Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on April 21, 1982, at 7:30 P.M. in the Auditorium of the County-~Office Building, Charlottesville, Virginia. Present: Mr. James R. Butler, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher, J. T. Henley, Jr., C. Timothy Lindstrom and Miss Ellen V. Nash. Absent: None. Officers Pressent: St. John. Agenda Item No. 1. Mr. Fisher. County Executive, Guy B. Agnor, Jr. and County Attorney, George R. The meeting was called to order at 7:38 P.M. by the Chairman, Agenda Item No. 2. Public Hearing: 1982-83 County Budget. (Notice of this public hearing was given in the Daily Progress on April 13, 1982.) Mr. Fisher made some opening remarks, then turned the meeting over to Mr. Agnor to make a more complete presentation'of the figures contained in the budget. The public hearing was opened and the first to speak was Mr. Lynn Coffman. He asked if this was the first year that the Legal Aid Society was being funded by the County. Mr. Agnor said that was correct. Mr. Coffman said that this group is seen more as being legal activists than as a boon for the poor. It is a self-perpetuating group and once funded, it is almost presumptive that the group has a right to more money in future years. Mr. Coffman said he did not see this item as being essential to the taxpayers of the County and asked that it be stricken from the budget. In reference to the Albemarle Housing Improvement Program, he said it is a welfarish program which benefits few people of the County at the expense of all the taxpayers. Since his residence needs improvements, he does not think it is fair for him to be taxed to foot the bill for improving other peoples properties. He feels this should be a decreasing item that eventually disappears from the budget. In reference to the Monticello Area Community Action Agency, he said it funds a very small segment of welfarish people and he does not feel it is fair for the general citizenry to have to continue year after year putting out money for these kinds of program. Mrs. Mildred Nobles, from the Newtown Community Action group, an organization that MACAA set up, said this organization is doing a lot for informal education. Mrs. Dorley Sims from Newtown on Route 690, said they have worked hard since a person from MACAA came out to help and are presently fixing up a community center. Ms. Wilma Barbour, Newtown, said the Newtown Community Action is a group of peopie working together to help each other. She said they need someone to show then how to begin and David Sandridge from MACAA has done that. They want to improve life in every way they can. She said they would like to fix the center which used to be a segregated black school and which all of the residents in the area attended. She said the building needs everything and they have been on a fund-raising compaign. Ms. Edna Larkin said MACAA has sponsored two workshops at the center. Also MACAA staff has worked individually with certain members of the community. They are helping with a summer youth employment program using CETA funds for five or six youths to help develop a community softball park, an outdoor basketball court and a playground for small children. Mr. Don Nobles, president of Newtown Community Action, spoke next. had done a good job. He said that MACAA Ms. Elizabeth Samuels, League of Women Voters, said the League feels the process of deliberation on the budget has been improved this year, particularly the consideration of requests by agencies in the human development category. The staff committee which reviewed these requests made a major contribution to public understanding. However, the League questions some of the assumptions of the committee and disagrees with some of its conclusions. The League does not feel that the Youth Service Center duplicates any other programs. The League believes that the Center's role in preventing many other problems is unique and essential. The League feels that MACAA should be funded in the full amount requested since the money goes for community organizing efforts which have resulted in models of success such as the Newtown Community Action Association. As to the Charlottesville-Albemarle Legal Aid Society, the League feels that Legal Aid should be funded for the entire $4,885 requested rather than the $3,200 recommended by staff. The League believes that many of Legal Aid's services can be made available to County residents only if the agency is granted the full amount of funding. ~he League feels that JAUNT's price to its user. should be kept as low as feasible so asks that the amount of $12,938 be granted. The League hopes that Outreach Counseling and Community Attention can be supported at levels that will allow them to meet the needs in the County. The League does not recommend funding for the Women's Health Center, and questions funding recommended by the Board for Madison House since the League believes Madison House can be run entirely with private funds. Ms. Samuels said that regarding the School budget, although it is not a program budget, it appears that an effort has been made to connect the funding in existing categories and to develop priorities for expenditures. Ms. Amy Melville was present to speak about"the'Youth Service Center. She asked that the request be changed to $6,242 which will match the funding approved by the City. She said that prevention services are needed in the community instead of treatment services. She went on to explain some of the work at the Center. She believes that the recommendation from the committee not to fund this agency resulted from a misunderstanding because the committee said this agency duplicates work of Madison House and MACAA and maybe even Outreach Counseling. Ms. Melville said the cancern about Madison House was based on a misunderstanding of the word "coordination". Madisoh House coordinates volunteers and the Youth Service Center coordinates agencies, does research and plans programs to determine how to best use the limited funds of those agencies. There is no duplication of Outreach Counseling which furnishes treatment for kids who have a problem. 174 April 21, 1982 (Regular Night Meeting) Mr. Art Sullivan, Chairman, Youth Commission, Said he has worked in the mental health field for ten years and he knows that when you give money it is'up to the agency to do with it what it wants. That can lead to duplication. He sought a position on the Commission and he considers it a very valuable~service that is not duplicated elsewhere in the community. Mr. Patrick Iachetta, Chairman of the Youth Advisory Board, said his committee had sent a letter to the Board. They feel it is a vital service in the community. They recently held a youth talent show and raised $100 for various programs. Ms. Amy Castillo thanked the Board for the money recommended for the Shelter for Help in Emergency. As a taxpayer, she said she is glad to know that tax monies go to support communit based projects such as the Shelter. Ms. Mindy Rosenberg spoke in support of the Shelter for Help in Emergency. She works at the Shelter to develop programs for women and children, and she said that they try to teach alternatives to violence. Ms. Linda Kessinger said she has worked at SHE for two years as a volunteer. She is working on a fund drive, but would like to thank the Board for its continued support of this program. Mr. Melvin Wilson said he lives in the County and is a professor at the University of Virginia. He works as a Board member for SHE with some of his~students. SHE has provided adequate coverage to some people suffering from family violence. It is estimated that about 15% of the women in America experience violence with their partner at some time. SHE is one remedy in trying to prevent some of these types of problems.' Melvina said she is a resident of the Shelter at this time; she is a resident of Keswick and appreciates what the Shelter has done for her. Ms. Pat Root said she lives in North Garden and asked the Board to approve full funding for the Shelter which frequently is the only alternative of a lot of these people. Mr. Jeff Douglas, President, Albemarle Education Association, said he feels that teachers have been asked to bear a disproportionate share of any financial crisis that has happened in the past. The Virginia General Assembly, this year, did not approve a salary incentive fund for teachers, but did increase the per pupil allotment to localities, and indicated that the additional money should be spent on teachers salaries by providing at least a 10% increase to teachers each year of the biennium. The Albemarle Education Association is pleased that Albemarle County will be among a few of the localities in the State meeting the standard for teachers salaries for this year. Mr. Douglas said the budget for the next fiscal year, 1983- 84, will see a number of challenges since the so-called FICA plan will no longer be allowed. Teachers who were opposed to the plan in the beginning, expect the Board to honor its pledge of three years ago to restore take-home pay to comparable levels in spite of this. Also, the revenue sharing plan~or annexation with the City of Charlottesville, whichever comes about, will require additional revenue from County taxpayers and the teachers do not expect to bear a disproportionate share of those costs. The Albemarle Education Association expects the Board to honor the wishes of the General Assembly by providing at least a 10% increase in the second year of the biennium and urges passage of the 1982-83 budget as presented to the Board by the School Board. Mr. Charles Tolbert said the school budget has gone through a long public hearing process and been cut severely by that process. He said he understands that there is still a $161,000 cut requested from this budget this year and that some of the money can be made up through actual real cost reductions and some increased revenues. He urged that if at all possible those things that are not covered by such real cost reductions or increased revenues be considered for restoration to the school budget. Mrs. Sally Thomas said she thinks the School Board can live with the cut made by the Board of Supervisors, although the School Board had already cut many thousands of dollars. She asked that there be no more cuts and urged that the amount cut be returned. She said she regards this budget as a minimal budget for education of the 9,100 students in Albemarle County. Mr. Fisher said the fact that the increase for teacher's Salaries is in this budget is a direct indication of what the General Assembly has done for the first time in a number of years in that they increased the basic aid for students to a more realistic value. If that had not happened, there would have been the same battle here that usually occurs each year. He said he hopes the General Assembly will continue to do this in the future particulary if they are going to set teachers' salaries. With no one else rising to speak, Mr. Fisher then closed the public hearing a~d announced that the Board had scheduled final action for this budget for April 28. He then asked for comments from the ind±vidual Board members. Miss Nash Said she felt the Board had made a big mistake in not funding the Youth Service Center and she Would be in favor of restoring that cut. Mr. Butler said he appreciates hearing from the people who have some concerns about the budget. He hopes that all recognize that the Board is working very hard to be fair and do a good job for everybodyJ Mr. Lindstrom said he is concerned about the Youth Service Center; not knowing what will happen if the County does not appropriate money and ultimately how this organization will quantify what it does. Mr. Lindstrom said his problem with the request is that the items cited tonight don't give anyone anything to get a hold on. He would like to know what the County would be getting for its $6,242. He said he understands that the Youth Service Center has had a difficult time getting someone to work with it and in fact that it is an organizatio~ in search of a purpose. He said he is reluctant to fund something that is as nebulous as this. With no further comments, the Board recessed at 8:56 P.M. and reconvened at 9:07 P.M. 175 April 21, 1982 (Regular Night Meeting) Agenda Item No. 3. Hatton Ferry Committee, Charge to and appointment of same. read the following list of duties for such a committee: Miss Nash Determine how to continue the Hatton Ferry operation being consistent with its existing character.. 2. Determine how to finance the operation. Determine if there are other activities appropriate to the property other than operation of the ferry. 4. Pursue the designation of the Hatton Ferry as an Historical Landmark. Miss Nash then recommended the following persons for appointment: Mrs. Betty McLemore, Visitor's Bureau Mrs. Christie Schmick, James River Runners Mr. Joe Jenkins, Albemarle County Historical Society Mr. Pat Mullaney, Director, Parks and Recreation Mr. Raymon Thacker, Mayor, Town of Scottsville Mr. Russell Otis, Albemarle County Staff Miss Nash then offered motion to adopt the charge to the committee and appoint the committee members. Mr. Henley said he will support this motion but he did not support funding of the operation of the Ferry for a full year although he would have supported it if the funding had been cut off in the Fall. He said it is ridiculous to spend money to operate the Ferry during the winter when it is almost entirely a tourist attraction. The motion was then seconded by Mr. Lindstrom and carried by the following recorded'vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Item No. 5. Approval of Minutes. July 8 and August 5, 1981, and had not been read. Miss Nash had read August 12 and noted that on Page 340, third paragraph, "Mr. Gerald Tremblay, attorney, was present" should be changed to ""Mr. Wade Tremblay, representing the applicant, was present" and on Page 354, Agenda Item No. 17, the words "a copy of the suit" should be changed to "a transcript of the suit". Motion was then offered by Miss Nash, seconded by Mr. Lindstrom, to approve the minutes of August 12, 1981, as amended. The motion carried by the following recorded vote: AYES' NAYS: Mr. Butler, Mrs Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Agenda Item No. 4. Clarification of Service Authority Jurisdictional Boundary Note. Mr. Fisher said he had been advised by counsel that this matter should be discussed in execu- tive session. Mr. Lindstrom made motion to this effect including discussion of a personnel matter. The motion was seconded by Miss Nash at 9:15 P.M. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. The Board reconvened into open session at 11:08 P.M. Mr. Fisher said he woUld like to state for the record that Mr. Lindstrom did not participate in the discussion concerning ~ extension of water service to property appealed by Mr. Ed Amato, who is represented here tonight by Mr. Ed Bain, and which has been the subject of part of the discussion in executive session. Mr. Fisher then asked if someone had a motion to present. Miss Nash said she would offer motion to addopt a resolution, but would prefer that Mr. St. John read the exact language (which follows): RESOLVED, that the Albemarle County SerVice Authorit~y be permitted to extend water service to the existing structures only on the properties represented by Mr. Edward W. Amato, Realtor, (Tax Map 61, Parcel 4 and Tax Map 61, Parcel 4A) because of a misunderstanding as to the boundaries of the service area of the Albemarle County Service Authority in this vicinity; HOWEVER, it is not the intent of the Board to affirm the interpretation of the Service Authority as to the service areas in this vicinity and, the Board intends to clarify this area as soon as possible. The foregoing motion was seconded by Mrs. Cooke. Mr. Fisher said it is clear that the motion applies only to the property that was the subject of the appeal.. Mr. Fisher said he will not support the motion. He does not believe there has been any serious misinterpretation of the service boundary. The service areas have been clearly shown on maps for a year and a half and the only misinterpretation is the result of one action for one existing house where a well had failed and that should not be a reason for extension of service outside of the growth areas. Mr. Fisher said he thinks it is. a serious mistake for the Board to make, but he is under the impression that the Board is going to move very rapidly to resolve all of the service area questions by means of a new map; there will no longer be any notes on the bottom of maps talking about properties adjacent to waterlines. Roll was called at this time, and the motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Mr. Henley and Miss Nash. NAYS: Mr. Fisher. ABSTAIN: Mr. Lindstrom. 176 April 21, 1982 (Regular Night Meeting) Agenda Item No. 6. Other Matters Not on the Agenda. Mr. Agnor presented a lottery permit application for the LAMBDA GAMMA of CHI OMEGA for games to be held on April 26. Upon motion by Mr. Lindstrom, seconded by Mrs. Cooke, the permit was approved in accordance with the Board's adopted rules for issuance of such permits. The motion carried by the following recorded vote: AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Mr. Butler said he has had several people call him concerning a new trapping ordinance which may be adopted pursuant to new State enabling legislation. He said the Board needs to decide how this request should be handled, and he asked Mr. St. John to explain the law in question. Mr. Fisher asked if anything needed to be done immediately. Mr. St. John said the Board would have to notify the Virginia Commission of Game and Inland Fisheries of its intent to adopt such an ordinance so that this fact could be included in the new booklet on hunting laws. Mr. Henley said he did not think the Board has time to adopt such an ordinance this year. Mr. Butler said Mr. St. John has raised a question as to whether this new law is any different from the laws already on the books, but the people raising the questions need to know what the Board will do with their request. Mr. Henley then offered motion not to take any action on this request because he feels that a letter written by Mr. St. Joh~ to Senator Thomas Michie shows that the problem is already covered by another law. The motion was seconded by Mr. Butler. At this time, Mr. Lindstrom moved that the motion be tabled until next week. gave second to this motion which carried by the following recorded vote: Miss Nash AYES: NAYS: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. None. Mr. Agnor announced that in researching the Code of Virginia, the Director of Finance has found that the gas customers of the City system who live in the County should be charged the County's consumer utility tax, so Mr. Jones has notified the City Finance Director that beginning on May 1, 1982, these customers will be subject to the County's utility tax. Agenda Item No. 7. At 11:20 P.M., motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to adjourn this meeting until April 28, 1982, at 7:30 P.M. The motion carried by the following recorded vote: AYES: Mr. Butler, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Miss Nash. NAYS: None. Chairman