1974-11-0411-4-74
A meeting of the Board of County Supervisors of Albemarle County, Virginia,
adjourned from October 23, 1974, was held at 7:30 p.m. on November 4, 1974,
in the Albemarle County Courthouse.
Present: Messrs. Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker,
Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr. (8:00 p.m.).
Absent: Mr. Stuart F. Carwile.
Officers Present: county Executive and County Attorney (until 8:00 p.m.).
The Chairman called the meeting to order and asked for action on one matter
not on the agenda. He presented letter from Mr. C. Venable Minor, Jr., submitting
his resigmation as a member of the Equalization Board. Mr. Minor stated that
he had joined the firm of Gordon L. Wheeler Realty Company and submitted his
resignation in order to avoid any conflict of interest. On motion by Mr. Fisher,
the resignation of Mr. Minor was accepted, effective October 28, 1974: Motion
was seconded by Mr. Henley and adoPted by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker a~d Wheeler.
NAYS: None.
ABSENT: Messrs. Carwile and Wood.
The Clerk was directed to send appropriate letter to Mr. Minor.
The Chairman requested executive session to discuss legal matter in
connection with the landfill. Motion to adjourn into executive session was
offered at 7:35 p.m: by Mr. Fisher, seconded by Mr. Thacker, and carried by
the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Messrs. Carwile and Wood.
The Board reconvened at 8:05 p.m.
Mr. Wheeler made lengthy statement in connection with inflation and
the economy on the national, state and local levels. He stated that this
is the number one issue in America today. On the nanional level, many high
ranking officials seem to think one of the contributing factors to inflation
is government spending. At the state level, the Governor stated during August
that in order to demand cuts in spending at the national level, the state and
local governments need to take a hard look at expenditures. He referred to
several meetings and seminars he had attended recently at which the main theme
had been ways and means of curbing inflation. He made particular reference
to the tremendous increase in the cost of the Food Stamp Program. In conclusion,
Mr. Wheeler stated that he had recommended to the Board that the various
department heads and the public meet with the Board tonight to discuss with
them just what should be done in Albemarle County for the budget year 1975-76.
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He stated that we cannot expect any increased funding from the federal and state
governments and any expansions in local programs will have to come from local funds.
Any increase in local funds will probably have to come from personal property
and real estate taxes as all other sources of revenue available to the County have
been used. He then asked for expressions from those preaent as to what they feel
is the direction the County should go in budget preparation for 1975-76.
Mr. John Stroud, Executive Vice-President of the Chamber of Commerce, referred
to that body's interest in the job market. He called attention to the large number
of lay-offs in manufacturing jobs in recent months and stated that the housing
industry is at rock bottom. He called on the Board for any action within its
power which would assure the continuation of stable employment in the community.
He recommended support of public housing and strongly suggested the establishment
of an industrial development authority.
Mr.~ Allen spoke with regard to the Joint Health Department. He stated that~they
proposed not to expand their programs during the coming fiscal year or to ask for any
increase in personnel. Any changes which could be made would be by abolishing or
curtailing existing programs. To maintain the current program would require some increase
in money--the cost of medical supplies, medical equipment, utilities, etc., has
continued to increase during the past year. He also stated that their employees
were under the State Merit System which assures them of automatic increases of about
5% in addition to the almost 5% cost of living increase P~ovided by the State
Legislature. They propose to hold the increase in the total budget to an overall
7%. They anticipate increased revenues from their operation.
Dr. Harold McGee appeared on behalf of the Piedmont Community College. He
stated that he was not at liberty to speak on behalf of his Board this early in
the budget season but would comment on what he planned to present to his Board.
He stated that he planned to recommend that they maintain the local fund budget
of Albemarle County's share at the 1973-74 level. With regard to capital p~ojeCts,
these will provide jobs for the construction market. He also referred to the large
payroll of the college, most of the ~ployees being residents of the County.
Mr. Richard Jones appeared on behalf of Offender Aid and Restoration (OAR).
He stated that they had not firmed up their budget for this year yet as they
had not received word on application for grant from the State Crime Commission.
With regard to next year, he spoke to the fact that thmee of the five staff
members are now volunteers (VISTA). He anticipates that VISTA may be phasing out
these positions to require more community involvement which would necessitate
a request from the County and City to fund these positions. These particular
positions are presently funded at $3,000 per year and he,felt it would be difficult
to employ personnel at this rate.
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~7
33!
An unidentified citizen stated that he represented a group of residents
from the Hessian Hills area who were present with regard to what they called
their "leaves problem," and requested assistance from the County in alleviating
this problem. He referred to the tremendous quantity of leaves in that area
and their problem of disposing of them due to recent rulings of the State Air
Pollution Board. He stated that some type of pickup service was needed, not
only in the Hessian Hills area but in ~a number of areas surrounding-the City.
Mr. Wheeler advised that he had been contacted about this matter and intended
to discuss the problem with the Board later in the meeting.
Mr. Tevis Michie spoke to the joint budget of the Electoral Board and
the Registrar's Office. He said there were a few unknowns at this time which
prohibited him from doing justice to detailed needs at the present. He
referred to the State Code which requires a voting machine for every 750
registered voters. Due to this ruling, all 28 machines are now in use which
does not permit a spare to be used in case of malfunction of one of the machines.
However, the upcoming purge of voters which is required by law may possibly
reduce the number of machines which will be needed next year. Mr. Michie
further advised that the employment of personnel was expected to remain the same
during the next year.
Mr. Carl Van Fossen, Chairman of the School Board, advised that at its
meeting earlier tonight, his Board received a request from the Albemarle
Education Association for a 14% increase in teacher salaries for the coming
year. He stated that this was an early stage for them to make any decision j~.
Mr. Henley advised department heads present that he expected to take a
close look at their budgets this year and certainly hoped that they would hold
their budgets as low as possible. He intends to look at all the programs
and judge them pretty hard.
Mr. Fisher questioned Mr. Van Fossen with regard to the percentage increase
requested by the AEA. Mr. Fisher stated that he did not feel at this point
a decision could be made to hold the budget where it is or to cut it a certain
percentage or even increase it because there are too many variables inthe
programs and too many programs~ that are directly dependent on the number of
people requiring services. He expressed a strong negative reaction to the amount
of increase requested by the AEA. He would think such an increase would be
strongly inflationary. He suggested as guidelines to those persons preparing
budgets for schools that a strong effort be made to hold non-instructional
personnel at about their present level and for general government that the County
make a very strong effort not to increase any positions. He would personally
be looking very closely for any new positions, Ne expected to be focusing on this.
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332
Mr. Allan Freeman, Vice President of the Albemarle Education Association, spoke
in defense of the 14% increase requested for teachers.
Mr. Thacker said he felt each Board member was going to be looking very hard
at any budget request presented to them. Personally, he will be looking at any
services which he does not consider to be essential services. He complimented
Dr. McGee on his comments and expressed the hope that others will follow in that
vein, to at least make an effort to hold at the present".costs, and cut it if it can
be done. Since 90% of local tax revenue is spent on education, he urged the
School Board to consider and'remember this and look at the school requests as
closely as possible. He would look very closely at a 14 to 20% increase. He
is considering the taxpayers who have to come up with the funds to meet
these increases as they have been hit just as hard by the inflationary situation.
Mr. Wood stated that he felt this meeting was probably a bit premature. He
encouraged all department heads and members of the School Board to present to this
Board the best budget that they can prepare that will provide the services that
the County needs. He acknowledged the great problem of inflation and the fact that
the economy is in great trouble and expressed his concern about these factors. He
thought instructions to those pr~eparing budgets to cut projections to the bor~could
possibly cause great error in local government. He would like for the various
department heads to draw up the very best possible budget which will provide the
very best possible services to the citizens and present that budget to the Board.
Then the responsibility duly lies with the Board, the elected officials, to decide
what the priorities are~.~
Mr. Wheeler stated that he felt the hearing just concluded indicated that the
budget procedures for the year 1975-76 will be the procedures used in the past
in that the departments and organizations will send their requests in to the County
Executive, they will be .considered in public work sessions by the Board of
Supervisors and there will be public hearings. Further, the purpose of the meeting
tonight was not to set any goals but to get some input. He again expressed the
Board's concern about inflation, about the cost to the elderly, and to the low
income. He-stated that hopefully in April of next year a decision could be made
on the 1975-76 budget. He expressed appreciation to the department heads, organizations
and citizens who attended this meeting.
After a two-minute break, Mr. Wheeler again brought up the matter of disposal of
leaves in the County. He asked the County Executive to look into just what the State
regulations are and just what regulations we are operating under, to see if the staff
can come up with any ideas, and to submit his findings at the meeting of November 19th.
Mr. Fisher suggested that the County Executive question the City Manager as to whether
or non'~ere is a possibility that their facilities could be made available at cost
to these citizens on some type basis.
11~4-74
333
Communication was received from Mr. Cole Hendrix, City Manager, requesting
extension of agreement between the Hity and County for the use of the Ivy
Landfill beyond the current expiration date. He stated that since the period
for the extended use of this landfill is unknown at this time, he
was suggesting that the agreement be extended without a time limit. Mr. Wheeler
stated that he had met with the City and they had agreed to pay 50% of the cost
of approximately $41,050 for cleaning and improving the landfill and requested
that bill be rendered for this. Mr. Wheeler recommended that the Board extend
the use of the Ivy Landfill to~the City until December 31, 1974, and that we
bill them user's fee of $2,500 per month for November and December. He stated
that the user's fee is based on costs prepared by the County's Engineering
Department and asked Mr. Batchelor to review these costs, which he did. He called
attention to the deterioration to the roads which was increased because of the
City's usage and the space at the landfill which had been used by the City. Mr.
Wheeler reminded the Board that this matter will be back in Court on the 18th
and it was for that reason that he recommended that the use be extended only until
December 31st. The following resolution was offered by Mr. Henley and seconded
by Mr. Wood:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that agreement between the City of Charlottesville
and the County of Albemarle for use of the Ivy Landfill by the City
of Charlottesville be and the same is hereby extended until December
31, 1974, at a cost to the City of $2,500.00 per month for the months
of November and December; and
BE IT FURTHER RESOLVED that bill be rendered to the City for
one-half the cost of cleaning and improving the said Ivy Landfill,
estimated at approxima~ $41,050.00.
The foregoing resOlution was adopted by the following recorded vote:
AYES: Messrs. Henley, Thacker, Wheeler and Wood.
NAYS: Mr. Fisher.
ABSENT: Mr. Carwile.
Mr. Wheeler submitted two letters addressed to the Board and to City
Council from Mr. William A. Perkins, Jr. with regard to the Levy Opera
House. He referred to the dates of these letters as being October 1 and
October 30. Mr. Perkins, in his second letter refers to his letter of
October 1st. For the record, note is hereby made that the first letter
was dated October 10th. These letters requested than the Levy~y Opera
House be transferred back to the Perry Foundation, and they expected this
to be accomplished by November 15th. Mr. Wheeler said he had discussed
this with the City and they had no objection to the County taking action on
this tonight as they expect~f to take similar action within the next few
days. He recommended that the Board pass a resolution and authorize the
Chairman to sign deed transferring the Levy Opera House back to the Perry
Foundation.
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11-4-74
On request of Mr. Fisher and Mr. Wood, both of these letters are entered into
the minutes of this meeting as follows:
"October 10, 1974
County of Albemarle
c/o Gordon L. Wheeler, Chairman
Albemarle County Board of Supervisors
Charlottesville, Virginia
City of Charlottesville
c/o Charles L. Barbour, Mayor
Charlottesville City Council
Charlottesville, Virginia
Gentlemen:
The'Perry Foundation offered to purchase and give to the County
of Albemarle and City of Charlottesville the old Town Hall--Levy Opera
House property in February of 1972. The County Board of Supervisors
(March 8, 1972) and City Council (March 6, 1972) by appropriate
resolutions agreed to accept what the County Supervisors ~described
as a "gift of great value to it. "and each governing body expressed
its gratitude to the Perry Foundation for the forthcoming donation.
The gift was consummated by deed of conveyance to the County of
Albemarle and City of Charlottesville recorded July 13, 1972.
The only condition of the gift was that the building situate
on the premises should "not be demolished but shall be renovated
and used for public purposes with exterior remodeling to be in
conformity with the architectural design for which the building
was considered worthy and appropriate to be classified as a historic
landmark."
More than two and one-half years have passed since the
County and City accepted the offer of donation. The intention
of the County and City to do nothing to accomplish renovation of the
building is now apparent. The Perry Foundation is disappointed
that no action has been taken to effect renovation by the County
and City.
The deed of conveyance also provided:
Should the condition imposed upon this conveyance
be violated during the existence of the Perry
Foundation, then title to said real estate shall
thereupon revert back to the party of the first
part h~rein.
(The Perry Foundation)
To effect this reversion, it is requested that the deed of reconveyance
enclosed herewith be immediately executed and delivered to the under-
signed.
Very truly yours,
(Signed) William A. Perkins, Jr."
"October 30, 1974
County of Albemarle
c/o Gordon L. Wheeler, Chairman
Albemarle County Board of Supervisors
Charlottesville, Virginia
City of Charlottesville
c/o Charles L. Barbour, Mayor
Charlottesville City Council
Charlottesville, Virginia
Gentlemen:
You may recall I wrote on October 1, 1974, relative to the Old
Town Hall--Levy Opera House. I have not received the courtesy of a
reply to this letter from either the City of Charlottesville or the
County of Albemarle. The Perry Foundation considers the City and
County have failed to accomplish the conditions of the conveyance.
Further, on behalf of the Perry Foundation I requested: ~'to
effect this reversion, it is requested that the deed of reconveyance
enclosed herewith be immediately executed and delivered to the
undersigned."
Because I have heard nothing from the City or County, I feel
it is necessary to advise these governmental authorities that
the Perry Foundation may have no alternative but to institute
legal action to effect reversion if the deed of conveyance is not
delivered on or before Noon, November 15th.
Very truly, yours,
(Signed) William A. Perkins, Jr."
Mr. Wood expressed deep concern that the Levy Opera House may never be
restored to its original condition. He advised that he and Mr. Fisher had
served on the committee, along with two members of Council. He stated that
the letter is very incorrect in that no efforts have been made to restore
the Levy Opera House. The committee has spent numerous hours and many, many
dollars and the County Attorney has made proposals to Mr. Perkins as the
representative of the Perry Foundation. On each occasion the committee'~s
recommendations, and often what they have considered in their committee
meetings, and their requests that he meet with them, have been completely'
ignored and/or very rudely refused. The obstacle that has been set up in front
of citizen groups that would like to see the Levy Opera House restored, and
of the committee which is very interested in seeing it restored, has been Mr.
Perkins. Mr. Wood said he would find it hard to vote against a request to
return the Levy Opera House to the Perry Foundation since they originally
gave it to the governing bodies but he would like some assurance that
somewhere down the road the Levy Opera House is going to be restored, or he
would like some assurance t~ity and County that there are present plans for
this restoration and that it~ be torn down. He stated that it had been
very disappointing to serve on a committee which had agreed to restore it by
citizen proposals whereby it could be done, and then Mr. Perkins refused to consider
it.
Mr. Henley said he shared Mr. Wood's feelings. He said he had been disappoint-
ed in the way Mr. Perkins has reacted and in the way things have happened.
Mr. Fisher noted that the letters were not signed by Mr. Perkins as attorney
for the Perry Foundation or as an officer of the Foundation but signed William
A. Perkins, Jr. on the letterhead of his law firm.
Mr. Wheeler stated that he called Mr. Perkins on the telephone and told him
that since receiving his letter of October 10th, he had discussed it with the
Board of Supervisors and they had preferred to wait and discuss it with the City
but that his request would be presented to the Board tonight. Mr. Wheeler stated
that he felt the Board was faced With either transferring the property back
or being prepared to go to Court.
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336
Mr. Wood stated that he wanted it recorded in the minutes that there have been
n~nerous efforts made and he is greatly concerned that it may never be restored if
Mr. Perkins has the same attitude that he has had in the year he has been dealing
with him while on this committee.
The following resolution was offered by Mr. Thacker and seconded by Mr. Fisher:
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that Mr. Gordon L. Wheeler, Chairman, be and he is
hereby authorized to execute deed on behalf of this Board, reconveying
the old Town Hall--Levy Opera House to the Perry Foundation; and
BE IT FURTHER RESOLVED that this Board hereby expresses its gratitute
to the Perry Foundation for the gift and its sorrow that they were
unable to comply with the terms of the gift; and
BE IT FURTHER RESOLVED that the Perry Foundation is urged in the
strongest possible manner to do everything within its power to work
with the citizens' group that has been formed to preserve and restore the
Levy Opera House to the extent it can be done for the benefit of all
citizens of the community.
The foregoing reSolUtion was adopted by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Carwile.
Mr. Fisher referred to his memo to the Board~0f, October 31st, outlining the
intents of the Emergency Medical Services (EMS) Council, the purposes of it and some
of its responsibilities. Mr. Fisher nominated as government rep=esentative
to the Council Mr. Ron Dower; Mr. Callis H. Atkins as consumer representative;
and one of the two members recommended by the Rescue Squad, Mr. Joel Cochran
or Dr. Lonnie Dickens as provider representative. The Board expressed no objection
to either gentleman but it was the conaensus of opinion that perhaps Mr. Cochran
might be too busy to accept. On that basis, Dr. Lonnie B. Dickens was nominated. Mr.
Fisher offered his nominations in form of a motion, which motion was seconded by Mr.
Wood and adopted by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSENT: Mr. Carwile.
The Chairman reminded members of the Board that there are two committees which
they need to make appointmentAto, the Housing Committee (one from each district) and
the Solid Waste Committee (three each from the City, County and the University). He
stated that he would like to have names available to discuss by the 19th. He asked
the Board to be thinking about names for these committees.
Communication was received from Mr. Darden Towe of the Dogwood Festival Executive
Committee requesting a joint meeting with this Board and City Council. .This
communication was turned over to the County Executive with the request that he try
to arrange s~ch a meeting for some time in_December.
The meeting was adjourned at 9:35'p.m.
CHAIRMAN