1974-04-24A4-24-74 (Afternoon)
An adjourned meeting of the Board of Super~isors of Albemarle County, Virginia,
was held on April 24, 1974, at 3:30 P.M. in the Board Room of the County Office Building,
Charlottesville, Virginia, said m~eting being adjourned from April 18, 1974.
Present: Messrs. Stuart F. Carwile (arriving at 4:50 P.M.), Gerald E. Fisher,
J. T. Henley, Jr. (arriving at 4:10 P.M., William C. Thacker, Jr., Gordon L. Wheeler,
and Lloyd F. Wood, Jr. (arriving at 4:00 P.M.).
Absent: None.
Officer present: County Executive.
Mr. Wheeler called the meeting to order. He explained that this meeting was being
held for informational purposes. He introduced Senator J. Harry Michael, Delegate
James B. Murray and Delegate T. J. Michie, Jr., who were present to discuss legislation
passed by the last session of the General Assembly. The Board discussed first items
which were in the Albemarle County legislative package. Also present was Miss Page
Godsey.
(A) Preclude municipal subdivision ordinance from application in counties which have
adopted Subdivision ordinance. This request was not introduced in the General
Assembly.
Mr. Wheeler said he has been assured by Mayor Fife that the subdivision ordinance will be
returned to the Board soon. The Council had a difference of opinion from that of the City
Planning Commission who wanted to hold to the three-mile review. The Council had agreed
to a one-mile review. If the Commission prevails, the Board of Supervisors will make this
request of the General Assembly again next year Mr Fisher said the Board has been talkin~
with City Council about the subdivision ordinance since last summer and the problems are
still not resolved. Mr. Wheeler said he has been assured that the ordinance is ready to be
returned to the Board, however, if it is not back from the City by May 1, the staff is to
so advise the Board.
(B) Taxation of personal property owned for majority of prior year. Not introduced.
Senator Michael said this had been discussed at length; what to do about people who
lease property and what constituted a majority of the year. It was the concensus that
the law, in the way it was proposed, would created more problems~the ones it would
solve. The taxation pattern for aircraft corrected that part of the problem. Mr. Batchelor
said there has been no correction pertaining to automobiles where someone Sells his' car
on December 10, is allowed to drive that car until after the first of the year, and then
take possession again. Mr. Wheeler said if the Finance Department feels this is a problem
they need to work up some figures on this by fall. It was suggested that this be worked
out with the local automobile dealers.
(C) Notification of adjacent property owners upon application for rezoning, special
permits, etc. Passed General Assembly. Changes require the Planning Commission
to notify the adjacent property owners and to charge costs to the applicant.
Delegate Michie introduced. Planning staff is working on what adjustment is needed
to fees to cover this costs.
(D) Change interest rate on roll-back taxes from 6% to 8% on land use taxation. Killed
in House Finance Committee. Other areas of state had requested the same change.
It was felt that since the land use taxation program is so new that there is no
need to make changes at this time because there has been no experience factor.
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(E) To require that property owners seeking assessment under land use only need
reapply if use changes, rather than yearly. Passed General Assembly. Changes
allow localities the option of requiring either yearly reapplication or
reapplication only when use changes.
Mr. Wheeler said since the County will not be into this program until 1975, and the
roll-back taxes will not occur until much later, these two items can be considered at
a later date.
(E) Another bill passed which requires that the Board of Supervisors must pass an ordinance
each year, by June 30, adopting land use taxation for the following year.
Miss Godsey said she did not know the thinking behind this change. Mr. Murray said he
was on the floor subcommittee on this proposal. They felt that anyone who wants the
land use tax program should work for it. Mr. Wheeler said the Board had received a report
a few months ago on the number of meetings held each month by the Board. This would
require an additional one or two meetings a year, public advertising, and rehashing of
the ordinance. Senator Michael said he did not feel it was worth this effort and would
be willing to try to get this section repealedl
(F) Street lights plan implementation. This is being handled administratively. Mr.
Wheeler said Mr. Hope from the Culpeper District Office of the Highway Department was
here last week and the Board feels that this matter has been straightened out.
(G) Requiring grantees names and addresses on all deeds; to better facilitate mailing
of tax bills. House bill to require Clerk to include addresses on list of deeds
was killed in Senate Committee. If passed,.~question could have arisen as to
enforceability.
Miss Godsey said this had passed the House, but was defeated in the Senate. The bill
that got that far was one that would have added this to the section of the Code that
spells out the clerk's duties. Mr. Michie said he had been working on this bill for two
years and had not had any success with it to date. He said that in some other areas when
the clerk mails deeds back to the attorney for the purchaser, he staples a card asking
for the information wanted. Even though this would require spending money for postage,
it would save time. Mr. Thacker said this idea might be worth trying. Mr. Wheeler said
it is not the desire of the Board to force the Clerk to do anything, ~wever, this is
necessary in order for the citizens to receive their tax bills. He did not think the
Board can accomplish anything by going t~Clerk, but felt she would be responsive to the
Bar Association. Mr. Michie said the Board ~could pass a resolution, but he did not think
this is a matter 'of anybody being unwilling to do this. Senator Michael said another
solution would be to retain the deed in the Clerk's Office and simply mail a statement
saying the deed is being retained subject to the Board's order. Mr. Wheeler said if it
becomes necessary, he will talk with the president of the Bar Association.
(.G) Another of Senator Michael's bills requires that a list be sent monthly from
the Clerk instead of annually.
Senator Michael said this was intended as a help on the land use tax.
(H) Increase transient occupancy tax from 2% to 4%. Killed in Senate Finance Committee.
Other bills passing the General Assembly removed the 1981 cutoff for Albemarle
County and added travel campgrounds to those facilities which are taxable.
Z94 4-:24-74 (Afternoon)
Senator Michael said this bill was Offered for Albemarle County. Four other counties
joined with Albemarle and this just strengthened the oppostion. Mr. Wheeler said the
Board will decide if they want this bill presented again next year.
(I) Returnable beverage containers. Carried over to 1975. Directed commission studying
solid waste to study this issue.
Senator Michael said a study on this matter was performed by economists from M.I.T.
The statute was essentially in the same form as that now in operation in Vermont. Their
study included costs, not just in terms of what it cost the state, but what it cost the
merchant to receive, segregate, store, and return containers to be transported for
reprocessing. It was decided that the overall economic cost of returning containers was
greater than ~that of picking them up.
Mr. Fisher said he has seen articles describing differences between the Oregon and
Vermont bills and there is a significant difference. The Vermont legislation is aimed
only at latter and not directed to solid waste. The Oregon plan is aimed at both and is
far superior.
Mr. Murray said the other side of the problem is solid waste. It is estimated that
about one-half of the space used for solid waste disposal is taken up by containers. We
could possibly solve the litter problem on our highWays and still be confronted with the
problem of finding adequate space to stack this litter. Oregon had several-court
cases which have all been defeated. They found that the bottlers are making as much or
more money as they were before, but the retailers are suffering. Mr. Murray said a bill
has been introduced in the U.S. Senate in the last two weeks about this same subject.
There is a possibility that legislation might come from that bill.
(J) Local Option Income Tax. Not introduced. Senator Michael said he did not feel
this is politically feasible. The Governor's Advisory Committee on Real Property Tax
Reform filed a report in December or January. The Board should review this report with
a great deal of care, since this might cause major changes. He said this report discusses
the local add-on income tax and it is rejected in the report. Everywhere it is been
tried the outcome has been bad. Maryland started at 2% of the state tax and in 10 years
this has risen to 54% of the state tax and is still rising.
(K) Enabling legislation for requiring performance bonds on improvements shown on site
plans. Killed in House Committee on Counties, Cities and Towns.
Mr. Fisher said the Board has already adopted a resolution of intent to adopt a better
certificate of occupancy procedures and if this change doss not work, the Board may ask
for this legislation again.
(L) Furnishing of information by Division of Motor Vehicles for assessments.
Not introduced.
(M)
Transportation district-mass transit operations. Bill passed General Assembly to
delete all references to metropolitan areas from Transportation District Act so as
to allow areas like Albemarle County to form transportation districts and to exercise
the powers and"functions thereof. Bill enlarges these powers to allow transportation
district commissions to operate facilities of private companies. Another bill passed
which allows boards of supervisors in.a county which is not a member of a trans-
portation district to "create, operate, maintain, or contract for a system of public
transportation."
4-24-74 (Afternoon)
Mr. Fisher asked about the second bill which.allows bOards of supervisors to establish
a public transportation system. He said this bill does not speak of licensing this to
a private agency unless this is done by contract. Senator Michael said if two or more
political subdivisions act together to form a district, they can qualify for snbstantial
aid. If one political subdivision simply creates a system of public transportation in
a county, although they can still qualify for some help, it it much more limited.
(M)
House Bill 848 also passed which provides for the establishment of bicycle trails
and paths.. This is ~enabling legislation to provide the establishment of bicycle
trails or paths and the regulation of traffic on such trails or paths. If the
Board desires to have such~a provision, this should be incorporated~ into the
Albemarle County Subdivision Ordinance and Zoning Ordinance. There is an interest
by the Planning Commission in this as indicated by their request to the staff
to do a study in the urban area regarding pedestrian and bicycle trails.
(N) Timetable for reverting costs to localities. Not introduced. Mr. Michie said
part of this is caused by changes made by the Federal government. It was felt that
this could be handled administratively. Mr. Wheeler said the Board will request this
legislation again if it felt this is needed.
(0)
Exemption of $1,000 from requirement of building permit. Several bills passed
General Assembly. One allows building inspection to be waived, at the discretion
of the inspection authority, when construction Costs are less than $1,000. Others
exclude from definition of building all farm buildings not used for residential
purposes and frequented, generally, only by owner, his family, and farm employees.
Miss Godsey said the Inspections Department is concerned about the way this bill is
worded. They are not concerned about deleting the permit fee, but concerned about
deleting the inspection provision. Mr. Batchelor said the county had found one contractor,
contractor
who builds barns, and one heav~ wet snow would cause the barn to collapse. The/had
argued this point and the County Engineer and others had figured the tensile strength.
The contractor had then gone back and strengthened the buildings after .they had been
built. Although it is felt that a man should be able to build whatever he wants on his
own land and no~ go through a bureaucratic maze, there is consumer protection owed to
him, Mr. Wheeler said it is hard to believe that any of these barns were built on farms.
(P) Admissions Tax. Not introduced. Mr. Thacker said the Board should consider this
request again next year.
Other legislation which was mentioned:
(1)
Tax refunds. Delegate Murray's bill on the tax refunds passed the General Assembly.
The changes provide that refunds can be made by the Board on individual levies or
classes of levies for up to seven years past date of assessment.
(2) New formula adopted in the budget for school funding. Mr. Clarence McClure said
the new standards favorably effect Albemarle County. The State pays about 60.5% of the
cost of education. Even with a high composite index, the County may receive $500,000
more in State funds. There was one mistake found in the formula; that for paying the
employer's share of social security.
(3) Mr. Batchelor said the Virginia Association of Counties supported the Department
of Education's recommendation that $10 per capita be given to'local education for capital
'~improvements. Although this amount would not meet this county's current construction
needs, it would g£ve some help. Senator Michael said this might have passed except for
the difficult job of projecting revenues. Mr. Wheeler suggested that the Board support~
this proposal again next year.
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Mr. Wood said concern has been 'voiced around the State that the General Assembly
gives money to universities and higher education centers, as.well as community colleges,
and not to public education. Senator.Michael said the first great stride the Commonwealth~
ever made in providing funds for capital outlay for secondary and elementary education
was the John Battle Fund. There is also the Literary Fund.
(4) Costs resulting from Federal changes in welfare programs, State to pay 2/3,
localities 1/3.
Mr. Jim Ritchie was present. He said there were several good bills passed in the area
of welfare. Some of the changes caused by Federal changes will cost the County more money.~
Mr. Ritchie said his department needs new positions, but the appropriations act does not
allow for anything other than for food stamps, which goes state-wide on July 1~
(5) Regional jail. Legislation passed the General Assembly.
(6) Disclosure of real estate interests by local officials. Passed General Assembly,
vetoed by the Governor.
Senator Michael said he Understood the Governor's rationa~ in vetoing this bill. In some
areas of the State this would put another major handicap in the way of getting people to
run for local office. If there is to be any kind of disclosure on the local level, it
should be the same as that required for members of the General Assembly. Mr.-Fisher asked
what kind of disclosure members of the General Assembly make. Senator Michael said it is
basically economic interests. Mr. Fisher asked if this includes members of the immediate
family. Senator Michael said it is the wife, not children or parents. Mr. Fisher said
he knew the members of this Board were not in agreement with this bill. However, he felt
that if it would restore confidence in local government, it would be a good thing and a
positive step forward.
(7) Sataries~of localboards~af.super~isors, i~ Rassed~Gene~al~Assembly. Change allows
boards to set a maximum salary of $6,000.
(8) Tie-breaker for boards of supervisors. A bill passed the General Assembly which
allows boards to decide whether there will be a tie-breaker and if one is to be
designated, the board has two options: 1) election by voters; or 2) appointment
by the circuit court judge.
Mr. Thacker asked what position this puts the Board in since they already have a tie-
breaker appointed by the circuit court. Senator Michael said this will not have to
be decided until after July 1. Mr. Wheeler said he did not think the Board had ever
used a tie-breaker and he is not willing to support having someone run for election to
become a tie-breaker.
(9) Membership on planning commissions. A bill passed the General Assembly to allow
up to one-half of the members of the planning commission to be non-freeholders.
(10) Landlord-tenant relations. Passed General Assembly.
(11) COndominium Act. Passed by the General Assembly. Committee amendment in the nature
of a substitute for H.B. 46 with reference to Chapter 4.2, Condominium Act, Article I
of Title 55 of the Code of Virginia. Provisions within this bill reference 55-79.43
which states "no zoning or other land use ordinance shall prohibit condominiums
as such by reason of the form of ownership inherent therein." Without the knowledge
of the preceding section of the State Code, the County has prepared amendments to the
existing County Zoning Ordinance to provide for condominiums. The Planning Commission
expects to adopt a resolution of intent on April 22, 1974. This proposed amendment
will probably be before the Board of Supervisors in thigh latter part of May or the
first part of June.
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197
(12) Tax Exemption to Elderly. S. B. 144. H. B. 342. Raises allowable maximum
qualifying condition as fOllows: total combined income raised from $7,500 to
$10,000. Part of income not included raised from $2,500 to $4,000. Net
financial worth, excluding residence, raised from $20,000 to $35,000. The
law still provides that the County can set lower income and net worth figures
as the local maximum qualifying conditions.
Miss Godsey said there was a bill introduced, but not passed, which would have reimbursed
localities for this exemption. Mr. Michie said this was purely enabling legislation which
gave the localities the option to exempt elderly persons if the locality so chose. There
was never any thought given to reimbursing localities for lost revenues.
(13) H.B. 223. Membership on water and sewer authorities. At the option of the Board of
Supervisors, membership on the authority can be five members or a number equal to the
number of election districts in the county.
Mr. Wheeler felt the Board should think about adding a sixth member to the Albemarle
County Service Authority.
(14) H.B. 664. Construction of electrical utility facilities. Utility company no longer
required to apply for a special use permit or otherwise make local application for
certain transmission lines. Instead, the county will now become an interested party
before the State Corporation Commission hearing and this will be deemed to satisfy
the requirements of complying with local zoning ordinances.
Mr. Fisher said he had learned of this legislation from a newspaper from another locality.
He is concerned and has found that this does not apply to all high voltage lines, but he
is not sure exactly what is involved. He is concerned that with the North Anna plant
being built there will be some lines coming out of there and if this does away with the
county's ability to say where the lines will go, he is not happy with this legislation.
Senator Michael said he did not think all of Mr. Fisher's information was correct. Miss
Godsey said she would check this bill again.
(15) H.B. 622. Changing the tax rate. Authority is granted to the governing body to
change the tax levy rate during the year.
Senator Michael said this legislation was requested by norther~Virginia, where they send
out semi-annual and quarterly tax bills and is permissive only.
(16) S.B. 427. Withdrawal of bids for contracts. Bidders who submit a substantially
lower bid on a contract may withdraw the bid if the bid was substantially low
due solely to an unintentional arithmetic error or unintentional omiSsion-.and
Provided that the b~er may do no work for the firm to which the contract was then
awarded.
Senator Michael said he was the patron of this bill. He feels that it cleared with
provisions that give adequate protection to the contracting authority, but still gives
equity if an unintentio~error is found.
(17) Mr. Fisher said he is interested in the condominium act, but does not anything about
it. Mr. Michie said there were a lot of technical corrections made to an already existing
condominium act. Senator Michael said the Legislature felt this concept is not being used
nearly as much as it would be economically feasible Go do so because most lawyers and
banks were unsure as to what the Virginia law meant. They tried to clarify the language
while also protecting against possible abuses.
(18) Mr. Fisher said there was quite a bit of discussion last year about the procedure
followed in proposing the County's legi'slative package. There were some in the community
who had taken issue with some of the requests. The Board has more or less decided to
hold a public hearing this fall to hash out some of the problems here instead of before
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4-24-74 (Afternoon)
committees in Richmond. Senator Michael felt it would be best to stay away from a
situation where one group in the community speaks for a bill and another group in the
same community speaks in opposition.
(19) Mr. Wood asked if there will be any legislation introduced in the next session of _~
the Legislation which will control the loudness of motorcycle noises. Senator Michael
said the Legislature passed legislation this last session which allows counties to adopt
such an ordinance. Mr. Wood asked that this be placed on the Board's agenda for discussion.
Mr. Wheeler said he had received a letter from a citizen asking about a noise ordinance. ~
Mr. Fisher said he has also had a number of complaints about a motorcycle on private
property. The property owner had gone so far as to take the case to court. Mr. Wheeler
said if the Board had no objections he would ask the Clerk to place this on the agenda
of May 16.
Senator Michael complimented the County on the services rendered by Miss Godsey to
the local legislators during the past session of the General Assembly.
Miss Godsey said the County will be in a better position concerning legislation
at the next session of the General Assembly. There were a great number of bills carried
over. This will allow the staff time to obtain full information before the next session
of the General Assembly.
Mr. Wheeler thanked the legislators for appearing to discuss these matters with
the Board. ~
Upon proper motion, the meeting was adjourned at 5:30 P.M. ~
Chairman