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1981-01-27 adjJanuary 27, 19~1 (Adjourned Night Meeting) January 21, 1981 Regular Night Meeting At 11:10 P.M., by request by Mr. St. John, motion was offered by Mr. Lindstrom, seconded by Miss Nas~, to adjourn into executive session to discuss legal matters. Roll was called-on the motion and same carried by the following recorded-~ote: AYES: NIYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. The Board reconvened into open session at 11:35-P.M. following resolution for the Board's con~deration: Mr. St. John then presented the BE IT ~EREBY[RES~LVED by the Board of Supervisors of Albemarle County, as follows: The firm of Robinson, Farmer, Cox Associates is hereby engaged by this Board in behalf of Albemarle County, as consultants in connection with the relationships between Albemarle County and the City of Charlottesville, to perform such specific work as shall be~ from time to time assigned by legal counsel in coordination with the county executive. The consultants shall be compensa~ad~as set out in their proposal of January 20, 198~ attached hereto~ (Copy on file in Clerk's Office) The consultants shall begin work upon acceptance of these terms and shall submit monthly statements for payment. This cont~a~t shall be terminable at will by either party; upon term~&$~on consultants shall be entitled to payment for all work performed prior to their receipt of notice of termination. Motion was offered by Mr. Linds~rom, seconded by Miss Nash, to adopt the foregoing resolu~mn. Roll was called on the foregoing motion and same carried by the following reco~d vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. N~Y~ ~r~e~ann. Agenda Item No. 11. At 11:37 P.M., motion was offered by Dr. Iachetta, seconded by Mr. McCann, to adjourn to ~a~a~y 27, 1981, at 7:30 P.M. in the Albemarle County Courthouse. Roll was aalled on the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, He~y, Iachetta, Lindstrom, McCann and Miss Nash. None. CHAIR~ An adjourned meeting of the Albemarle County Board of Supervisors was held on January 27, 1981, at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, Virginia. This meeting was adjourned from January 21, 1981. BOARD MEMBERS PRESENT: Messrs. Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom (arrived at 7:40 P.M.), Layton R. McCann and Miss Ellen V. Nash. OFFICERS PRESENT: Messrs. Guy B. Agnor, Jr., County Executive; George R. St. John, County Attorney; and Robert W. Tucker, Jr., Director of Planning. Agenda Item No. 1. Call To Order. the Chairman, Gerald E. Fisher. The meeting was called to order at 7:40 P.M., by Agenda Item No. 2. Capital Improvemenvs Program. Mr. Agnor read his memorandum dated January 8, 1981as set out in the minutes of January 14, 1981. Mr. Fisher stated his concern that it is becoming increasingly difficult to allocate sufficient funds to the Capital Improvements budget each year to finance the number of projects requested. Mr. Fisher noted that in Group II there are now three items which were not even on the list last year, and now are indicated as the three top priority items, i.e. Woodbrook Masonry repairs; Jouett, Henley, Brownsville repairs; and Albemarle High School Renovation Phase ii for a total of $1,765,000. Mr. Agnor said that statement is partly correct, adding that the masonry repairs are new to the list. The Albemarle High School Renovation is not new to the list, but was moved upward in priority. Mr. Fisher noted figures from the 1979 capital improvements budget, and then said that the costs for these projects are consid- erably higher in this budget. Mr. Agnor said that is due to poor cost estimates received when the Capital Improvements Program was first initiated. Mr. Agnor said increases are also due to inflation. Dr. Iachetta said if a total is given to items four and five from Group II and projects one and two from Group III, it would total $8.2 million dollars to be funded by March, 1982, which is obviously impossible. Dr. Iachetta asked about the possibility of a bond issue. Mr. St. John said if funds are obtained from the Literary Fund or the Virginia Supplementary Retirement System, then no referendum is required. However, if bonds are sold on the open market, a resolution is required first from the School Board, then from the Board of Supervisors requesting the Circuit Court to authorize a bond referendum be placed on the ballot. If the referendum is approved by the voters, another resolution must come from the School Board requesting the Board to sell said bonds. Mr. Lindstrom said he would be hesitant to authorize a tax rate increase on contro- versial issues without first meeting with the School Board and discussing its prioroties 054 ~Janua_ :r- 2':.- 1'~81~ (_~d'_~rned Ni~~ for capital improvements. Mr. Fisher asked if Mr. Lindstrom was requesting a deferral of any action by this Board until such a meeting can take place. Mr. Lindstrom said category I projects are already underway, cate~ory II projects 1, 2 and 3 should be discussed by the Board at this time. Dr. Iachetta said he can see no way to fund projects beyond the third item in Group II. Dr. Iachetta said he agreed there are real needs in the projects listed beyond those Group II projects, and that the only possibility he can see to fund those needs is through a bond issue. Dr. Iachetta said he would like to see such a referendum be placed before the citizens prior to the November, 1981 election because he feels these issues should be kept separate from those candidates running for election or reelection. (Note: Dr. Iachetta announced that he would not be a candidate for reelection in November.) Dr. Iac.hetta offered motion to accept the recommendation of the County Executive and go forward with Capital Improvement Projects Group I and Group II items 1, 2 and 3. The motion was seconded by Mr. Lindstrom. Mr. Lindstrom said he would like to add one thing to that motion, that being not to foreclose the possibility to include nonschool projects. Dr. Iachetta said he was not foreclosing anything. Mr. McCann said he was willing to support the motion until Mr. Lindstrom added the statement about nonschool projects. Mr. McCann said he was not sure what projects Mr. Lindstrom was referring to. He said he does not like the idea of a bond referendum, but would put such a referendum before the public to get a reaction to the idea. Mr. Henley said he would not support the motion and added that he would not support another eight million dollar bond issue over and above what is presently being spent on capital improvements. Mr. Henley said the only thing he would be willing to support is the County Executive's recommendation. Mr. Fisher requested Dr. Iachetta to break his motion down into two motions. Dr. Iachetta withdrew his original motion, and offered motion to accept the County Executive's recommendation to fund those projects in the school program Group I and Group II, 1, 2 and 3, as follows: GROUP I GROUP II Scottsville Elementary School Red Hill Elementary School Vehicular Maintenance Facility Albemarle High School Renovation - Phase I Burley Middle School Renovation - Phase I Woodbrook Masonry Repairs Jouett, Henley, Brownsville Masonry Repairs Albemarle High School Renovation - Phase II $1,690,000 1,752,000 1,023,000 97,000 114,000 $ 101,000 70,000 1,594,000 The motion was seconded by Mr. Lindstrom who stated he was not aware the original motion included anything different. Mr. McCann said he would support this motion. Mr. Agnor said he would like to clarify his memorandum stating that in order to fund the items stated in the motion, it will require either the General Fund appropriation be subject to an increase over the next four years or a split tax collection be adopted sometime during the next four years. Dr. Iachetta said he is not proposing in his motion that the split tax collection be adopted. Mr. Henley said he agreed with Dr. Iachetta that he is not in favor of an accelerated tax collection. Mr. Fisher said that it should be clear to ever- yone that in making this commitment, dollars must be reserved each year and those dollars cannot be spent on anything other than capital improvements. Mr. Lindstrom asked what projects will actually be totally funded. Mr. Agnor said there are presently $13.14 million dollars made up of current resources, revenue sharing and literary loan money. The present capital improvement program cost is $14.25 million dollars, or roughly one and a quarter million dollars short. Mr. Agnor again explained that the Group I projects are already underway and some have been completed. The Group II projects are not included in the "present program" money; funds for these projects are strictly for planning. Dr. Iachetta said in reference to a bond issue, if it is put before the public and fails, the County is no worse off. Mr. Fisher requested the discussion remain on the original motion. Miss Nash said the funds presently available would cover the items in Group I and planning for items 1, 2 and 3 of Group II. Mr. Agnor said that was correct, along with a few other items not related to schools. Mr. Lindstrom said he does not want to commit to a group of Projects which could be changed or eliminated by some future Board. Mr. Lindstrom stated his concern that this motion by the Board is not a firm commitment to positive completion of Group II projects. Mr. Fisher said by the time the County budget is completed in April, the Board will know if there is sufficient funding in time for construction work to begin in June. Dr. Ronald Bauerle, a member of the Albemarle County School Board, asked to speak, and stated that the planning of Albemarle High School Phase II is almost complete and the additional money will bring those plans to the point where the project can go to bid. Mr. Agnor repeated his recommendation for the clarification of the Board, stating that Albemarle High School renovation Phase II be allowed to continue, which means that the final designs be completed and readied for bid. Mr. Fisher reiterated that this is not an appropriation of funds for construction. Roll was called and the motion to accept the recommendation of the County Executive and go forward with Capital Improvement Projects Group I and Group II items 1, 2 and 3 was carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Fisher asked the Board's desire for handling the deferred items. Dr. Iachetta said this Board is not going to be able to come up with the money to complete the remaining projects. Dr. Iachetta then offered motion to meet with the School Board and discuss the possibility of initiating the process for a bond issue to finance those capital improvement projects in Group II items 4 and 5, and Group III items 1, 2 and 3. Mr. Fisher said he has had no indication from the School Board that they wish to request a bond referendum. Dr. Iachetta said he would just like the opportunity to discuss this with the School Board. Miss Nash said the Board is not voting in favor of a bond issue at this time. Dr. Iachetta explained that the issuance of bonds to finance schools is nothing new to the O55 January 27, 1981 (Adjourned Night Meeting) County. Mr. F±sher noted that the last time a bond issue was used to finance a school was in 1975 for Western Albemarle High School. Mr. Fisher said this bond was approved by a very small turn out of the public and the amount of the bond requested was insufficient to cover the actual cost of the school. Mr. St. John again reviewed the entire process which must be followed to initiate a bond referendum. Following Mr. St. John's statement, Dr. Iachetta said he felt his motion was not needed and he withdrew same. Mr. Lindstrom said he feels a meeting with the School Board is necessary, and offered motion to meet with the School Board as soon as possible to discuss budget and caPital improvement matters. The motion was seconded by Miss Nash. Mr. McCann said he would support the motion. Mr. Henley said he feels the School Board has already gotten the Board's feelings on this matter. Mr. Fisher said he would set up the meeting, and added that he felt that a bond issue has little chance of ~passing. Dr. Iachetta said a slim chance is better than no chance at all. Roll was then called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Agnor said he wished to request an appropriation in the amount of $18,000 to the Albemarle High School Renovation Phase II project so that the planning money is available. Motion was offered by Dr. Iachetta to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $18,000 be, and the same hereby is, appropriated from the General Fund to the Capital Improvements Program Code 19.19C, Albemarle High School Renovation Phase II. The motion was seconded by Mr. Lindstrom and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. At 8:55 P.M., Mr. Fisher declared a brief recess. P.M. The meeting reconvened at 9:12 Agenda Item No. 3. Redistricting. Mr. Fisher gave a preamble to this discussion by stating that the staff has been working on this matter since the summer of 1980. He said Mr. St. John has been researching laws regarding magisterial redistricting and timetables which must be met. Mr. Fisher said Mr. St. John discovered a number of problems with the State laws, but noted that solutions to those problems are being considered by the General Assembly. Mr. Fisher said one problem which remains unsolved is the problem of citizens being changed from one district to another, and due to the staggered term method of elections, is placed in a district where that citizen has no opportunity to vote because that dis- trict's supervisor is not up for reelection this year. Mr. Fisher said if minimal changes are made, there will be less conflict to resolve. Mr. Fisher said there are two goals which should be achieved when working on a re- districting map. First, the changes in the dist~rict boundaries should affect an absolute minimum number of people. Second, each district should have both rural and suburban populations for two reasons; 1) the Board member must be able to represent all types of population, 2) to avoid an imbalance in population within the next few years and cause a new redistricting before the next decade. Mr. Fisher said this is his first viewing of the maps prepared by the staff. He noted that maps 1, 2 and 3 have a very visible initial problem in that they would take Miss Nash out of the Scottsville district from which she was elected. Mr. Robert Tucker, Director of Planning, said the maps being presented are based on 1980 census figures which have been broken down by census tracks and enumeration dis- tricts. Mr. Tucker said the total population figure used ±s 54,404 which is the pre- liminary figure. Mr. Tucker noted that a final figure of 55,518 has now been received from the Census Bureau, but this figure is not used because no breakdown was received. Mr. Tucker noted that the district lines used in all the maps presented follow enumeration lines or some physical feature as required by the Justice Department. Mr. Tucker said he was presenting five alternative maps for the Board's consideration. He said two of the maps presented have census track data. Mr. Tucker noted that census track #109, which is basically the University of Virginia area, was shifted around in a few of the alternative maps because although the area is small, the population is very high. He also noted an average was taken based on the population and six magisterial districts and they reflect within five percent of that average in all of the districts. Mr. Tucker then described each of the five maps presented showing the boundaries and populations for each of the magisterial districts. Those population breakdowns for the five maps presented are as follows: Jack Samuel White Charlottesville Jouett Miller Rivanna Scottsville Hall Map 1. 9,239 9,470 8~988~ 8,678 8,817 9,212 Map 2. 9,298 9,411 8,988 8,678 8,817 9,212 Map 3. 8,717 9,375 8,988 9,246 8,866 9,212 Map 4. 8,776 9,155 8,871 9,180 9,210 9,212 Map 5. 8,646 9,155 9,676 8,881 9,210 8,836 _ Jan¼ar. _27_ ~98~i (A~ourned Nig~ht Meetin~g~ Dr. Iachetta asked if an all urban district can be avoided. Mr. Tucker said it will be difficult. Mr. Fisher added that at one time the Charlottesville District surrounded the City of Charlottesville, resulting in one suburban supervisor and five rural super- visors. Mr. Fisher noted that according to preliminary data, the Rivanna and Scottsville Districts presently have the average population required without any changes. He felt those districts should stay the same and work onward from that point. Mr. McCann said he felt the maps should remain as much the/~sam$ossible, and noted that proposals four and five seemed to reflect the least amount of change. Miss Nash said it has always been her feeling that in the Scottsville District, the section of land between Route 53 and the Rivanna River should never have been removed from the district. She said to retain a population balance, small areas would have to be given to the Samuel Miller and Rivanna Districts in exchange for this area. Mr. Fisher said one method which can be followed to work up a new districting map is to have one or more work sessions of the Board to come up with a proposal to present at a public hearing. He noted that there is a very short timetable available for this work. He noted that the final map must be reviewed by the Justice Department which requires sixty days, and that this must be completed prior to the filing dates for the 1981 election which at the present time is June, but which may be changed to September if proposed legislation is enacted by the General Assembly. Mr. Fisher said to be certain that the timetable is met, the Board must have a decision within the next two months. Mr. Fisher said Board members need to see the census district figures in order to make the necessary changes. M.r. Fisher recommended that a committee of Board members meet with the Planning Staff to attempt to work up changes mainly in the three westernmost districts. It was the consensus of the Board that this would be a suitable method of working up a map. Mr. St. John said there is no requirement in the State Code that a public hearing be held on the magisterial district map. Mr. Fisher and other Board members all felt that a public hearing should be held. Dr. Iachetta said he felt there were few things more important than this map and that a public hearing should be held. Two committees were then formed, one comprised~of Messrs. Fisher, Henley and Lindstrom the second of Miss Nash and Messrs. McCann and Iachetta to meet with Mr. Tucker and work out plans which would minimize the district boundary changes and still represent balanced average population figures. Mr. Fisher said he would like recommendations brought back to the Board by the February 11, 1981, regular day meeting. He said this will require the full cooperation of the Planning Staff. Lastly, Mr. Fisher said ideally he would like to see the public hearing set for the March 18, 1981, meeting. Agenda Item No. 4. Request to Take Road Into State Secondary System. Mr. Agnor said this request was received in a letter dated January 19, 1981 from Ms. Jane Shields, Executive Vice President of Central Fidelity Bank. Mr. Agnor noted that all of the paperwork has been received and verified by Mr. J. Ashley Williams, Assistant County Engineer. Motion was then offered by Mr. Lindstrom to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Highways and Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Depart- ment, the following road in Northside Industrial Park: Beginning at station 0-27, a point common to the edge of pavement of U.S. Route 29 Southbound Lane and the centerline of Northside Industrial Park Road; thence with Northside Industrial Park Road in a northwesterly direction 1,275 feet .to station 12+48, a cul-de-sac, the end of Northside Industrial Park Road. BE IT FURTHER RESOLVED that the Virginia Department of Highways and Transportation be and is hereby guaranteed a 60 foot unobstructed right of way and drainage easement along this requested addition as recorded by plat in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 656, page 20. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Agenda Item No. 5. Report of the County Executive for December, 1980 was presented for the Board's information. Claims against the County, which had been examined, allowed and certified for payment by the Director of Finance and charged to the following funds for the month of December, 1980, were presented as information: Commonwealth of Virginia Current Credit Account General Fund School Fund Cafeteria Fund School Construction Capital Outlay Fund Textbook Fund Joint Security Complex Fund Town of Scottsville 1% Local Sales Tax General Operating Capital Outlay Fund Debt Service Fund Grant Project Fund Mental Health Fund $ 614.09 1,878,132.66 1,721,126.52 103,351.86 176,167.04 4,076.22 56,956.09 755.56 418,970.25 191,686.25 15,204.84 144,588.17 $ 4,711~629.55 057 Januar2~1981~ourned N~Eht Meeting~ Agenda Item No. 6. Other Matters Not Listed on the Agenda. Mr. Fisher said he has spoken to Mrs. Jessie Haden, Chairperson of the School Board, about the two Boards meeting to discuss the Capital Improvements Budget. Mr. Fisher noted that the School Board is heavily booked due to the interviewing process for the position of Superintendent af Schools. It was the concensus of the Board to attempt to meet on Wednesday, February 4, 1981, at 4:00 P.M., and that Mr. Fisher would confirm this time with the School Board and arrange the location. Mr. Fisher next discussed the House of Delegate Districts, noting that with the multi-member districts which presently exist, Albemarle County is not receiving the proper representation and that the County is now entitled to it's own delegate (as a result of the recent census figures). The problem arises in that the City of Charlottesville does not have adequate population to support its own delegate and therefore must be grouped with a contiguous locality. In speaking to the House Privileges and Elections Committee, Mr. Fisher said he was asked what the County's feelings are about representation. Mr. Fisher said if the Board wished, it could convey it's desire to have a single member district and hope that the House Committee could accommodate those wishes. Mr. Fisher said it would not be inappro- priate for the Board to express it's desire for a single member district. Dr. Iachetta said he felt that is what Albemarle County should strive for. Mr. McCann said he would have no objection to that at all. Mr. Fisher offered to draft a resolution which he would present at the next Board meeting, expressing the Board's desire for a single member district. Miss Nash said she was not certain that she agreed with this concept. Mr. Fisher said he would draft the resolution anyway and then the matter would be opened for additional discussion. Agenda Item No. 7. At 10:00 P.M., motion was offered by Dr. Iachetta to adjourn to Wednesday, February 4, 1981, at 4:00 P.M., in either the County Executive's Conference Room or the Board Room, to meet with the School Board regarding the Capital Improvement Budget and bond issues. The motion was seconded by Mr. McCann and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Chairman