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HomeMy WebLinkAbout1978-08-10AAugust 10, 1978 (Afternoon Meeting--AdjournEd from August 9,197~ August 9, 1978 (Regular--Day Meeting) At 5:12 P.M., motion was offered by Dr. Iachetta to adjourn to August 10, 1978 at 4:00 P.M. in the Board Room of the County Office Building to discuss agenda items they did not have time to discuss today. Mr. Lindstrom seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. August 10, 1978 (Afternoon Meeting-Adjourned from August 9, 1978) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 10, 1978, at 4:00 P.M., in the Board .Room of the County Office Building, Charlottesville, Virginia; said meeting being adjourned from August 9, 1978. Present: Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Antho~ Iachetta, C. Timothy Lindstrom and W. S. Roudabush. Absent: None· 'Officers Present: Attorney. Agenda Item No. 1. Fisher. Guy B. Agnor, Jr., County Executive and George R. St. John, County The meeting was called to order at 4:00 P.M. by the Chairman, Mr. Agenda Item No. 2. Approval: Proposed Water Shortage Contingency Plan. Mr. Agnor presented the following "Proposed Water Shortage Contingency Plan for the Charlottesville Albemarle Urban Water System", received from Mr. E. E. Thompson, Jr., Executive Director of the Albemarle County Service Authority; same adopted by the Albemarle County Service Authority on June 8, 1978. "This plan is a guide to the Rivanna Water and Sewer Authority in exercising it's responsibility to advise the City and the County when and how conservation measures should be taken to prevent unwise use of water when the supply is scarce. This plan is also a guide to the City and the County in implementing conservation measures that will treat all urban water system users the same. The curtailment steps are keyed to the percentage of the remaining raw water in storage. The distribution is based on per capita allotments as far as possible and on history records in all other cases. If the total raw water stored drops to 70% of the maximum usable raw water storage capacity, Plan A shall be in effect until the total raw water stored returns to 80% of the maximum. If the total raw water stored drops to 60% of the capacity, Plan B shall be in effect until the amount stored returns to 70% of the maximum. If the total raw water stored drops to 45% of the capacity, Plan C shall be in effect until the amount stored returns to 70% of the maximum. If the total raw water stored drops to 30% of the capacity, Plan D shall be in effect until the amount stored returns to 70% of the maximum. If the total raw water stored drops to 15% of the capacity, Plan E shall be in effect until the amount stored returns to 70% of the maximum. Plan_A--Advise public of shortage and request voluntary conservation. Reduce the Observatory Plan production to the minimum possible. Increase maintenance observations at all plants to prevent unexpected breakdowns. Keep customers advised of status of situation through the news media. Plan B--Enact an ordinance to reduce water consumption by prohibiting exc~essive use of water and by providing a penalty for violations. Continue Plan A and contact large volume users to request special efforts toward conservation. '~ Plan C--Impose a water allotment program with penalty charges for excess use. Each residential customer will be allowed 70 gallons per capita per day at the regular billing rates. Ail water used over that amount shall be billed at a rate of 10 times the regular rate. Ail customers of other than residential use shall be allowed a base of 90% of their average monthly consumption for the year preceeding implementation of Plan A. A penalty charge equal to 10 times the regular rate shall be charged for all water used above that base. Continue Plans A & B. Waivers on the basis of hardships and special health requirements shall be reviewed by the City Manager or the Executive Director August~10, 1978 (Afternoon Meeting--Adjourned from August 9, 1978) decisions of the City Manager or the Executive Director shall be made to the City Council or the Albemarle County Service Authority Board of Directors respectively. Plan D--Each customer will be allowed 55 gallons per person per day at the regular rates. Ail over that amount shall be billed at a rate of 10 times the regular rate. Ail customers other than residential use shall be allowed a base of 80% of their average monthly consumption for the year preceding implementation of Plan A. A surcharge equal to 10 times the regular rate shall be charged for all water used above that base. Continue Plans A & B. Waivers on the basis of hardships and special health requirements shall be reviewed by the City Manager or the Executive Director of the Albemarle County Service Authority as applicable. Appeals of the decisions of the City Manager or the Executive Director shall be made to the City Council or the Albemarle County Service Authority Board of Directors respectively. Plan E--Each customer will be allowed 40 gallons per person per day at the regular rate. Ail over that amount shall be billed at a rate of 10 times the regular rate. If this allowance is exceeded for two consecutive months a~ flow restrictor will be placed in the customers meter for seven days and an additional penalty charge of $50 will be imposed. ~All~customers of other than residential use shall be allowed a base of 70% of their average monthly consumption for the year preceding implementation of Plan A. A surcharge equal to 10 times the regular rate shall be charged for all water used above that base. Continue Plans A & B. Waivers on the basis of hardships and special health requirements shall be reviewed by the City Manager or the Executive Director of the Albemarle County Service Authority as applicable. Appeals of the decision of the City Manager or the Executive Director shall be made to the City Council or the Albemarle County Service Authority Board of Directors respectively. It is recognized that when Plan E goes into effect the ability to produce water will be severely limited. The water level at the South Rivanna Reservoir will probably be at a depth of 15' and both the ability to supply and the ability to produce water will be limited. At this point, a severe emergency should be declared and a reauest for emergency relief should be made to the governor's office and arrangements to provide water by tank trucks or other mobile means should be made under the State Emergency Plan." After some discussion, the consensus of the Board was that the Rivanna Water and Sewer Authority should work on the proposed allotments for residential use. Motion was then offered by Dr. Iachetta to endorse the "Proposed Water Shortage Contingency Plan for the Charlottesville Albemarle Urban Water System" as presented. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley~ Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 3. Public Hearing: Resolution of Intent--Amend the County Subdivision Ordinance to require central well systems in those subdivisions which are exempted under present ordinance requirements. (Deferred from August 2, 1978.) This was deferred from August 2, 1978 for further discussion. The public hearing was then reopened. Mr. Preston. Stallings, President of the Blue Ridge Homebuilders Association, was present.J. Based on the County Engineer's study of central wells versus individual wells, he felt there were too many unknown factors to amend the subdivision ordinance to require central wells. Mr. Stallings said the state requirements are so restrictive for central wells that the initial cost of homes increases. Mr. RandY Rinehart, III, a builder, was present. He endorsed the feelings of Mr. Stallings and felt central well systems are viable in some situations but not in others. Therefore, he favored the amendment to be optional instead of a mandatory requirement. Mr. Fisher said because of the history of wells in Albemarle County, he felt a central well system provides better service for the citizens by assuring the quality of water and providing fire protection. Mrs. Melcher, representing the League of Women Voters, read to the Board a statement from the League which basically said that groundwater in the County is not in abundant supply but is increasingly the source of water for many uses. The League feels there is a need to use planning techniques which will conserve the resource rather than continue to drill wells and overdraft the groundwater. Dr. Iachetta understood the concerns of the developers but felt it no different finding a central source than finding individual sources. His major concern was that the homeowners have secure water systems. The Board then read the following memorandum dated August 8, 1978 from Mr. Bailey, County Engineer: August 10, 1978~ (Afternoon Meeting--Adjourned from August 10, 1978) "The present ordinance does not disallow the use of a central well system within the subdivisions which are exempted from the requirements of such system. This gives the developer the option to use a central well system, if he thinks such is desirable and adds flexibility to what he may do in order to better the economics of development. Insufficiency of supply is not the only untoward thing that can happen to a development. The bankruptcy of a water company could also interrupt water service and cause the homeowners of a subdivision to seek relief from the County. This could require the County to create jurisdictional areas for the ACSA to serve, without pattern. Production of water is a function of the Rivanna Water and Sewer Authority, so that body would be called on for that purpose. Cost of production experienced by the RWSA clearly shows that costz vary With size of the system. The cost of operating a well system of twenty- five or fewer lots cannot compete with the cost of large systems. Neither can it be expected that the cost of serving large numbers of lots where the individual lots are sized two acres or greater can be competitive, where such are served by self-contained well systems. Dependent upon individual circumstances, the cost of water from these systems can be anticipated to exceed the present cost of water purchased from the ACSA by a considerable amount." ~ Mr. Lindstrom was unwilling to support the amendment since information was not available that there was a problem. Mr. Fisher did not feel the proposed language was what ~he had requested and could not support the amendment. He felt the existing subdivision ordinance should be amended to either take out the two acre or smaller lot requirement or maybe require central wells in areas where there are groundwater problems. He did not know how that could be determined. Mr. Fisher felt Section 18-23(d) of the County Subdivision Ordinance as it currently reads cannot be enforced. Motion was then offered by Mr. Roudabush to accept the Planning Commission's recommendati to not amend Chapter 18, Section 18-23(d) of the County Subdivision Ordinance to require central well systems in those subdivisions which are exempted under present ordinance requirements. Mr. Lindstrom seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 4a. Appropriation: Fleming Suit. Mr. Agnor presented an itemized statement from Mr. William B. Poff in the suit Fleming,~ et al. 'vs. Albemarle County, et al. in the amount of $1,041.22. Motion was then offered by Mr. Dorrier to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,041.22 be, and the same hereby is, appropriated from the General Fund and coded to lA-103, Consultant Fees. Mr. Lindstrom seconded the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Agenda Item No. 4b. Appropriation: Chamber of Commerce - Tourism. Mr. Agnor said the Board agreed on March 8, 1978 to pay one-third of the costs for printing"the tourism brochures for the Chamber of Commerce with said costs not to exceed $2,000.00. The appropriation was deleted in the closing entries for the fiscal year since no bills or statements had been received prior to June 30, 1978. Mr. Ray Jones, Director of Finance is now requesting that $2,000.00 be reappropriated to cover the expense of printing the brochures. Motion was then offered by Dr. Iachetta to adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,000.00 be, and the same hereby is, reappropriated from the General Fund and coded to 18A-15-1, Chamber of Commerce-Tourism, for the printing of the tourism brochures. Mr. Roudabush seconded the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Agenda Item No. 5. Report of the Department of Social Services for the month of June, 1978, was received in accordance with Virginia Code Section 63.1-52. Agenda Item No. 6. Statement of Expenses for the Director of Finance, Commonwealth's Attorney and Sheriff's Department were received for July, 1978. The statements were presented by Mr. Agnor and motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom to approve the statements as presented. The motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. August 10, 1978 (AfternOon Meeting--Adjourned from August 99~1978) Agenda Item No. 7. Statement of Expenses for the Regional Jail for the month of July, 1978, was presented. Motion was offered by Dr. Iachetta, seconded by Mr. Lindstrom to approve the statement, as presented. The foregoing motion carried by the following recorded vote: AYES~ NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 8. Regional Jail Report (State Department of Corrections), July, 1978. Statement of expenses for the operation and maintenance of the Regional Jail along with summary statement of prisoner days, statement of jail physician, paramedic salaries and salary of the classification officer, were presented. Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, to approve the statements as presented. The foregoing motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, FiSher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 9. Amendment to Personnel Handbook. Mr. Agnor presented to the Board the following memorandum from Ms. June Moon, Administrati Assistant, dated July 25, 1978: "Senate Bill 135 amended Section 15.1-7.1 of the Code of Virginia relating to State and local grievance procedures. The amended statute requires all governing bodies to amend local grievance procedures, no later than January 1, 1979, to fully and closely comply with the minimum provisions of the State grievance procedure. I am in the process of comparing the County's current procedure with the State's new procedure so that ours may be amended prior to January 1. However, there is one section which the County Attorney feels should be amended immediately. The major change in the amendment designates the County Executive rather than the City Attorney as the person who decides if an issue is grievable and provides that the decision of the County Executive as to grievability may be appealed to the Circuit Court. Mrs. St. John has recommended adoption of the proposed amendment at the earliest possible date." The following wording was then presented: "If some question should exist concerning the grievability of a specific problem and if the question cannot be resolved to the satisfaction of both the employee and his/her supervisor at the departmental level, the employee may ~equest that the issue of grievability be decided by the County Executive, who shall respond within ten working days. Decisions of the County Executive as to grievability may be appealed to the Circuit Court of this county for a hearing de novo on the issue of de novo on the issue of grievability. Proceedings for review of the decision of the County Executive shall be instituted by filing a notice of appeal with the County Executive within ten working days after the date of the decision and giving a copy thereof to all other parties. Within ten days thereafter, the County Executive shall transmit to the Clerk of the Circuit Court of this county: a copy of the decision of the County Executive, a copy of the notice of appeal, and the exhibits. The failure of the County Executive to transmit the record within the time allowed shall not prejudice the rights of the grievant. The Court, on motion of the grievant, may issue a writ of certiorari requiring the County Executive to transmit the record on or before a certain date as provided in Section 2.1-114.5:1E, Code of Virginia. The court may affirm the decision of the County Executive or may reverse or modify the decision. The issue of grievability may occur at any step of the procedure prior to the panel hearing, but once raised, the issue must be resolved before further processing of the grievance. In any event, the issue of grievability must be resolved prior to the panel hearing or it shall be deemed to have been waived. The classification of a complaint as non-grievable shall not be construed to restrict any employee's right to seek or management's right to provide customary administrative review of complaints outside of the scope of the grievance procedure." Motion was then offered by Mr. Lindstrom, seconded by Mr. Roudabush, to adopt the above wording to replace the present wording under "Determination of Grievability" in the Albemarle County Employees Handbook. The ~oing motion carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. Agenda Item No. 10. Request for additional personnel in Housing Office. Mr. Agnor said an additional person is needed in the Housing Office to allow the Housing Coordinator to get back to the business of planning. He noted that the management of the Section 8 Rental Assistance Program is time consuming and Mr. Russell Otis, Housing Coordinator needs to be relieved of the many duties involved. Mr. Agnor said current revenues for administration of this program are projected to be $28,000. The approved budget is only $25,345.00, making an underexpenditure of $5,485.00. With this difference, the County would be making money on the program and that is not allowed. By adding an additional employee the difference would be absorbed and the net cost to the County will 395 were needed and provided the necessary furniture at that time. Mr. Russell Otis, Housing Coordinator, was present and noted that 90% of his time is spent in managing this federal program and this employee could relieve him of that duty. Mr. Agnor then recommended that the additiOnal employee, classified as a Program Coordinator, be approved for the Section 8 Rental Assistance Program administered through the Housing Coordinator's 'Office. Dr. Iachetta then offered motion to approve the request as recommended by the County Executive. Mr. Dorrier seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. lla. Appointments: Advisory Council on Aging. Mr. Agnor recommended that Ms. Christine A. Walker from the Department of Social Services be appointed to replace Ms. Theresa Jackson on the Advisory Council on Aging; said term to expire on June 1, 1979. Motion to this effecb' was offered by Mr. Lindstrom, seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. llb. nomination. Appointments: Welfare Board. No names were presented for Agenda Item No. llc. Appointments: BOCA Code Board of Appeals. Motion was offered by Dr. Iachetta to reappoint Mr. Fred McCormick to the BOCA Code Board of~Appeals with said term to expire on August 21, 1983. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, iachetta, Lindstrom and Roudabush. None. Agenda Item No. lld. Appointments~ Area Manpower Planning Council. Mr. Agnor said according to correspondence from the Virginia Employment Commission, the Area Manpower Planning Council is being reorganized the first of October and representatio~ for the County is being expanded from one representative to two. The County currently has an alternate for the current delegates. Now, there is an option to have either one alternate for both representatives or one alternate for each. He felt that one alternate could be used for both. Mr. Agnor requested that the current alternate, Mr. Ron Keeler, be replaced by Mrs. Martha Hammett, from the County Personnel Office. Mr. Fisher requested that Mr. Ronald Gordon, who currently represents the County on the Council, be reappointed. After some discussion, motion was offered by Mr. Henley to appoint Mrs. Martha Hammett, as an alternate to the Area Manpower Planning Council and Mr. Ronald Gordon, as the County's delegate. Dr. Iachetta seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 12. Lottery Permit Application. Mr. Agnor presented a lottery permit application for the Charlottesville Albemarle Rescue Squad for a raffle to be held September 9, 1978, at the Foxfield Races; said proceeds to be used for the Rescue Squad fund drive for 1978. Motion was offered by Dr. Iachetta to approve the lottery permit for calendar year 1978 in accordance with the Board's adopted rules. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 14. At 5:26 P.M., motion was offered by Mr. Lindstrom to adjourn this meeting to the Sheraton Inn. Mr. Roudabush seconded the motion and same carried by the following recorded vote: AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. The Board reconvened at 6:00 P.M. at the Sheraton Inn, Pavillion B, Charlottesville, Virginia with all members present. The following Planning Commission members were present: Mrs. Joan Graves and Mrs. Norma Diehl; and Messrs. Eurt Gloeckner, William Washington, Layton McCann, James Huffman and Charles Vest. The following Planning Staff members were present: Ms. Mason Caperton, Planner; Messrs. Robert W. Tucker, Jr., Director of Planning; Ron Keeler, Assistant Director of Planning; and Donald Gaston, Senior Planner. Officers present were George R. St. John, County Attorney; Guy B. Agnor, Jr., Count~ Exeo,utive;~and Frederick W. Payne, Deputy County Attorney. ~~~.~ ~~/~~~Y~~ ~ ~' The meeting was called back t'o 6rder at 6:00 P.M. by the Chairman, Mr. Fisher. August 10, 1978 (Afternoon Meeting--Adjom~ned from August 9, 1978) 396 Agenda Item No. 15. Discussion with the Planning Commission. The above persons present generally discussed the strict following of the Comprehensive Plan and the possibility of releasing some of the Planning Commission's present responsibiliti~ to the Planning staff for administrative approval. At 8:35 P.M., the Board recessed and reconvened at 8:45 P.M. Not Docketed. As requested by Mr. Agnor for the Jordan Development Corporation, motion was offered by Mr. Lindstrom to amend the agreement dated December 11, 1977, between the County of Albemarle and the Jordan Development Corporation by changing the last word on page 3, item 7, fifth line from "guarantee" to "committment"; said change to be initialed by the Chairman of the Board. Dr. Iachetta seconded the foregoing motion and same carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Roudabush. NAYS: None. ABSENT: Mr.~ Dorrier. Agenda Item No. 16. Executive Session: Legal Matters. At 8:50 P.M., motion was offered by Mr. Lindstrom to adjourn into executive session to discuss legal matters. Dr. Iachetta seconded the motion and same carried by the following recorded'vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None. Agenda Item No. 17. The Board reconvened into open session at 9:15 P.M. and motion was offered by Mr. Lindstrom, seconded by Dr. Iachetta to adjourn to September 20, 1978, at 2:00 P.M., in the Board Room of the County Office Building, Charlottesville, Virginia. The foregoing motion carried by the following recorded vote: AYES: NAYS: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush. None.