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1981-02-25 adj111 February 25, 1981 (Adjourned from February 23, 1981) An adjourned meeting of the Board of Supervisors of Albemarle County, Virgnia, was schedut~ for 2:00 P.M. on February 25, 1981, in the Board Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from February 23, 1981. Present: Messrs. Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta, C. Timothy Lindstrom, Layton R. Mc~ann and Miss Ellen V. Nash. Absent: None. ~ Officer present: County Executive, Guy G. Agnor, Jr. Agenda Item No. 1. The meeting was called to order at 2-16 P.M. by the Chairman, who apologized to the people waiting because the entire Board was late arriving from another meeting. Agenda Item No. 2. Work Session: 1981-82 Education Budget. Mrs. J~ssie Haden, Chairman of the Albemarle County School Board, was present. Mrs. Haden made the presentation. She said two teachers will be transferred to the in-school suspension program. There are two new teachers in the gifted and talented program. Also, on occasion there are substitute teachers who work over a long period of time and use their own lesson plans, so $15,000 has been budgeted for long-term substitutes. At Albemarle High School, there is one additional clerk-typist position. The School Board might have considered a fourth assistant principal for Albemarle High School if money were not a problem. An amount of $1,285 has been included to pay for participation of band students at festivals. The students usually pay their own fee. There is an increase shown for instructional supplies and library books. There are two bus drivers added for special education programs. With the opening of th~ vehicle maintenance shop and because this facility will service all county cars, a parts manager position has been added, two thirds to be paid from the school budget, with the other one-third coming from the general government budget. Mrs. Haden said the State requires that bus drivers be trained, so this year a driver safety training officer has been added. Fourteen school buses are scheduled for replacement. The cost of gas, etc. is up by $122,000. The cost of fixed charges is up tremendously. Two special education vehicles will be replaced as will the Media Center van. Mrs. Haden said that the greatest increase in the budget, as always, is for salaries. The School Board worked on the budget for a long time and since it was finalized and sent to the Board of Supervisors, the School Board has not discussed it, but, Mrs. Haden said she believes that the School Board would cut programs before it would cut salaries. Dr. Ronald Bauerle, a member of the School Board, and Dr. Clarence McClure, Division Superintendent, were also present. After a short question and answer session, Mr. Fisher said he did not believe the Board could do much work on this budget until final revenue projections are known. The Board recessed at 3:10 P.M. and reconvened at 3:25 P.M. Agenda Item No. 3. Reapportionment. Mr. Fisher said that since the February 18 meeting, the staff has worked on the maps again. Mr. Tucker said the staff was asked to work on Alternative 6 or Alternative 9 to extend the Samuel Miller district over to Mechum River to take in some people who are shown in the Jack Jouett District. The staff presents two proposals: Alternative #!0: Charlottesville, 8776; Jack Jouett, 8674; Rivanna, 9180; Samuel Miller, 9455; Scottsville, 9210; White Hall, 9109. Alternative #11: Charlottesville, 8776; Jack Jouett, 8924; Rivanna, 9180; Samuel Miller, 9205; Scottsville, 9210; White Hall, 9109. Mr. Tucker said that on Alternative 10, Route 678 was used as a boundary up to the Mechum River and 90 people were added to Samuel Miller. Alternative 11 is similar to Alternative 10, but the electrical transmission line is used as the boundary rather than a state road and it would bring the population down to 9205 in Samuel Miller. Mr. Fisher said Alternative 1! looks good on the map, and it does keep him in his district, but the transmission line runs through West Leigh Subdivision so the subdivision would be split in two magisterial districts, however, it does give Jack Jouett a much larger rural area. Alternative 10 shifts the high density population at Sherwood Manor and Country Green Apartments into the Samuel Miller District. Under Alternative 6, in the Earlysville area, a large rural area would be transferred to White Hall. Mr. McCann said that Alternatives 10 and 11 maintain the balance between rural and urban populations and give the Jack Jouett District more of a rural balance, while also keeping all supervisors in their present districts. Mr. Lindstrom said there is a real value to running for office with the same constitutents who elected the supervisor, since a number of things done by the supervisor are related to his district. When the Board first started work on this matter, the shifts in population were to be minimized while still trying to meet the formula that is necessary under the law. Mr. Lindstrom said he~ plans to run for office again and would like for his district to remain essentially the same. Mr. McCann said his problems with this whole question have been the issues of self- interest involved. Alternatives 10 and 11 would shift a lot of students, but these people will only be residents for four years and will then be gone. He did not feel that their interest is as great as that of the person who lives in the area and is employed in the area. Mr. Lindstrom said the main features of Alternatives 9, 10 and 11 are that these alternatives change Charlottesville and Rivanna very little, but in terms of land area change the other districts significantly. Jouett would be almost three times as large as at present, Samuel Miller would be cut in half, and White Hall would be increased by about one-third. Mr. McCann said Alternative 6 does not answer two of the criteria relating to rural representation. February 25, 1981 (Adjourned from February 23, 1981) Mr. Fisher said the Board spent a good deal of time at the last work session on Alternative 6 trying to keep Hollymead out of the Rivanna District, and also putting more of the Earlysville area back into the Rivanna District. He had not been able to find a good way to accomplish that. Dr. Iachetta said he had also worked with Mr. Fisher on such a change, but had not been able to find a satisfactory answer. Mr. Lindstrom asked how many people would be transferred if Route 743 were used as the district boundary. Dr. Iachetta said he thinks it is about 849. Mr. Fisher said if that change is made, the two roads going into Earlysville would be used as boundaries for three different d~stricts and the "downtown part" of Earlysville would be divided into three districts. Mr. McCann did not think that Alternative 6 could be reworked. Mr. Henley said he felt the district land areas were best on Alternative 6, but the population figures were best on Alternative 11. Mr. Lindstrom said if a change were made along Route 743, then Alternative 6 would be far better than the other proposals. Mr. Henley said he favors Alternative 6 because it keeps the land areas close to the present areas. He then offered motion to accept Alternative 6 moving those persons east of Route 743 into the Rivanna District as recommended above. The motion was seconded by Miss Nash. Mr. Fisher said this is all based on preliminary information, and it is possible there might have to be another adjustment in order to meet Justice Department requirements. Mr. McCann said he did not support this alternative in the beginning and certainly doeS not support it now. He did not feel that the criteria requiring a balance between urban and rural areas had been met. Mr. McCann said he does not blame the other members for voting for Alternative 6 because it chops off two ends of Rivanna District and adds a piece in the middle to satisfy the changes made in the other districts. If this alternative had been proposed by a committee of other than Board members, he would have supported that committee recommendation, but as it is, he is very opposed to the whole process. Mr. McCann said if Dr. Iachetta had not announced at the first meeting on this subject that he was not going to run for office, the changes made would have been somewhat different. One of the criteria pushed through this whole question was to maintain Mr. Lindstrom in his district, and Mr. McCann feels that an urban district is needed for all of those students. Dr. Iachetta's announcement on top of that did not leave a whole lot of options open. Miss Nash said she really did not favor Alternative 6 because of the changes made between Route 53 and the River. She feels that area is more homogeneous to the Scottsville District. Dr. Iachetta said he might decide in two years that he has rested long enough and decide to run for office again. At this time, roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindst~om and Miss Nash. Mr. McCann. Mr. Fisher said the public hearing on Alternative 6 would be held on March 16. Agenda Item No. 4. Appropriation: Western Albemarle Rescue Squad. Mr. Agnor said when the agreement was approved for the Rescue Squad, the Board did no~ appropriate the necessary funds. He is therefore requesting the necessary resolution. Motion was offered by Dr. Iachetta to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $37,500 be, and the same hereby is, appropriated from the General Fund and coded to 3203-5651.1 for payment to the Western Albemarle Rescue Squad. 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. Agenda Item No. 5. Minutes: March 5, 1980. Mr. Lindstrom noted two typographical errors and then offered motion for approval. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. NAYS: None. ABSTAIN: Mr.~ McCann. Agenda Item No. 6. Appointments: Region X Community Services Board. Mr. Fisher said the Board advertised for this position and then interviewed seven persons who answered the advertisement. Motion was then offered by Mr. Henley to appoint Mr. Jeffery W. Sobet to fill out the unexpired term of Mr. Nimrod Clark; term expiring on December 31, 1982. 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. Motion was then offered by Dr. Iachetta to appoint Mrs. Ester Friex for a three-year term ending on December 31, 1983. The motion was seconded by Mr. Lindstrom and carried by the following recorded vote: AYES: .Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. NAYS: None. Agenda Item No. 7. following letters: Other Matters not on the Agenda. Mr. Fisher noted receipt of the 113 February 25, 1981 (Adjm~ned from February 23, 1981) "February 23, 1981 Mr. Guy B. Agnor, Jr. County Executive County Office Building Charlottesville, Virginia 22901 James B. Murray, Jr., Esquire 0 Court Square Charlottesville, Virginia 22901 Miss Lettie E. Neher, Clerk Albemarle County Board of Supervisors County Office Building Charlottesville, Virginia 22901 Re: Evergreen (Our Files ACG 80-542 and ACPZ 77-177) Ladies and Gentlemen: Enclosed please find a letter from James N. Fleming's attorney relinquishing rights under SP-537 on "Evergreen". Title to this property was conveyed to the Nature Conservancy just after delivery of this letter to the County. Sincerely, (signed) George R. St. John County Attorney" "February 20, 1981 The Albemarle County Board of Supervisors c/o Chairman of the Board, Gerald Fisher County Office Building Charlottesville, Virginia 22901 RE: SP-537; SP-76-98 Ladies and Gentlemen: I am and have been acting as legal counsel for Mr. James N. Fleming for over the past year in certain negotiations to sell his land which is subject to the above permits to a preservation group named Nature Conservancy. Our negotiations have successfully concluded. Mr. Fleming's land is to be conveyed by bargain and sale to this distin- guished organization. The County and City communities will benefit from this transaction and have assisted in its feasibility. In that regard, Nature Conservancy and Mr. Fleming expressed their gratitude. It also places to eternal rest the land development dispute of the past. I am hereby directed as counsel for James N. Fleming, and so authorized to do so, to request immediate withdrawal and voidance of Special Permit SP-537 and as well as the deferred indefinitely Special Permit SP-76-98. In so doing, Mr. Fleming, who is conveying his land to Nature Conservancy, hereby waives any claim to and any and all of his vested land development rights under the approved special permit. I thank you. Respectfully, (signed) J. Benjamin Dick of Counsel CC: James N. Fleming Guy B. Agnor, County Executive Cole Hendrix, City Manager Robert W. Tucker, Jr., Director of Planning, County George R. St. John, County Attorney" Dr. Iachetta said at an Executive Committee meeting of the Planning District Commission last night, it was indicated that some of the programs of that organization are in jeopardy~ Their 701 funds are being cut and that is a fairly big chunk of money. The Executive Committee is concerned with several matters which have to do with space. The staff is trying to reduce the budget, but it is a desparate situation at the moment. February 25, 1981 (Adjourned from February 23, 1981) 114 Mr. Lindstrom said he had noted in the Boards and Commissions book that his term on the Planning Commission has expired. He has recently been attending these meetings although he was inactive for part of last year. If there is any other member of the Board who would like to take over this job he would be glad to relinquish same. Mr. Fisher asked if there was a volunteer. There was no comment. At 4:20 P.M., Mr. Fisher requested an executive session to discuss legal and personnel matters. Motion to this effect was made by Dr. Iachetta and seconded by Mr. Lindstrom. the motion carried by the following recorded vote: ~YES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. The Board reconvened into open session at 5'15 P.M. and motion was immediately offered by Miss Nash to adjourn until March 2, 1981. 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.