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HomeMy WebLinkAbout1976-02-12February 12, 1976 (Adjourned from February 11, 1976) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held~om~FebrUarY~?!2~'~-t976, at 5:00 P.M. in the County Executive's Conference Room, County Office Building, Charlottesville, Virginia; said meeting being adjourned from February 11, 1976. Present: Mrs. Opal D. David and Messrs. Lindsay G. Dorrier, Jr., Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta and William S. Roudabush. Absent: None. Officers present: County Executive, J. Harvey Bailey; Frederick Payne, Deputy County Attorney; and James Bowling, Deputy County Attorney. No. 1. The meeting was called to order by Mr. Fisher, Chairman. No. 2. Rules of Procedure. Mrs. David had presented to the Board members a revised set of rules of procedure and these were the items discussed. Under the section entitled "Special Meetings" it was noted that the previous rules called for a notice to be mailed to the County Attorney and not the Commonwealth's Attorney as provided by Virginia Code Section 15.1-538. Mr. Payne said Virginia Code Section 15.1-9.1:1 provides that the county attorney takes over the civil duties of the commonwealth's attorney in counties where a county attorney has been appointed. Under Virginia Code Section 15.1-608, Albemarle County, which is under the County Executive form of government, has the option of appointing a county attorney, therefore no notice is required to the commonwealth's attorney. Under the section entitled "Voting", Mrs. David had recommended that the roll call be eliminated. Mr. Payne noted that Article 7, Section 7 of the Virginia Constitution, second paragraph states: "On final vote on any ordinance or resolution, the name of each member voting and how he voted shall be recorded." He felt it would be unwise to eliminate the roll call on all matters, thus leaving the Board open to procedural errors. Mrs. David suggested that the wording be amended to read: "Ail questions submitted to the Board for a decision shall be by a voice vote of a majority of the members present and voting, (Virginia Code Section 15.1-540), except; (a) that on the final vote on any ordinanc, or resolution the name of each member voting and how he voted shall be recorded (Virginia Constitution Article 7, Section 7) and (b) that for the adoption of an ordinance or resolutio~ appropriating money exceeding the sum of $500.00, imposing taxes, or authorizing the borrowing of money, a recorded, affirmative vote of the total membership of the Board shall be required (Virginia Constitution, Article 7, Section 7) provided, however, that upon the request of any member of the Board voting shall be by roll call and be recorded in the minutes by the Clerk of the Board (Virginia Code Section 15.1-532:3) and provided further that whenever any member wishes to abstain from voting on any question he shall so state and his abstention shall be announced by the Chairman and recorded in the minutes." Messrs. Fisher, Henley and Dorrier felt it would be best to have a roll call on all matters. Mr. Bailey said he had observed that when the Board is split on any roll call, the individual members usually take this opportunity to give their reasons for their vote. Mrs. David asked if the Board members still wanted to require that each motion receive a second. Mr. Payne said the Attorney General has ruled that a motion does not require a second. Mr. Roudabush felt that any motion made by a member deserves discussion. Mr. Dorrier felt there would be adequate discussion before the motion is made and if the motion has merit it will receive a second. Mr. Fisher said strict parliamentary rules require that a motion be made before any discussion is held. Dr. Iachetta felt the seconding procedure serves a useful purpose by helping the member to determine whethe{ or not he Wants to vote on the subject. Mr. Fisher said having motions on the floor which are not seconded will lead to substitute motions and amended motions and further complicate the job of the chairman. It was the consensus that this section be rewritten to include a second. Mr. Payne noted that the language of F3 under "Voting" (Matters requiring pubiic hearings shall not be subject to vote by the Board before such public hearing has been held) makes it appear that the Board cannot take any action until the public hearing is held. He said it should be made clear that the Board can defer or continue these public hearings and suggested that the following language be added: "provided that nothing herein shall be construed to permit the deferral or continuance of any matter prior to the holding of such public hearing." Mr. Payne noted that F5 under "Voting" reads: "Discussion of any motion may be terminated by any member's moving the prevzous question, whereupon the Chair shall call for a vote on that motion and, if carried by a majority of those voting, shall then call for a vote on the original'motion under consideration." He suggested that a sentence be added reading: "A motion of the previous question shall not be subject to debate and shall take precedence over any other matter." He said this is general parliamentary procedure. Mrs. David said that Virginia Code Section 15.1-541 references a semi-annual meeting of the Board. She asked if similar language should be included in these "Rules" Mr. Bowling said the BOard must officially accept audits of the County's books. ~ha~ audit does not occur at the end of the fiscal year or at a semi-annual point. He recommended that no language on this matter be included. Mrs. David said the previous rules, under "Special Meetings", required that the Clerk give notice to the general news media of the time, place and matters for discussion. She asked if those notices must be sent by registered mail as is required for those notices sent to Board members. It was noted that this statement was included as policy by the previous Board and is not a requirement of the Code of Virginia. Mrs. David noted F6 under "Voting": "After a vote has been taken on a matter before the Board, any member may move for its reconsideration, provided such motion is made at the same meeting or an adjournment thereof at which the matter was. originally acted upon. The effect of the motion to reconsider, if adopted, shall be to place the original question ~ ~ ~ ~~n~ ~ n~,~n~d h~fnr~ it was voted uoon." Also_F7 under "Voting": Febrnmry 12, 1976 Adjourned from February 11, 1976) 04 be subject to reconsideration only as above stated) and ordinances, may be rescinded by a majority of the total membership of the Board." She said this language seems to limit reconsideration of matters and asked if the other Board members felt this rule to be too strict. Mr. Fisher said that on all but zoning matters, any motion may be reconsidered by a majority vote. In his experience on the Board, this has only happened when someone changes his mind. This procedure was used mostly to solve tie votes. Since the tie- breaker procedure was eliminated by the Board, a tie vote now defeats the motion. The County Attorney's office was requested to redraft the rules of procedure incor~ the changes discussed and the Clerk was ordered to include this item on the agenda of February 19. No. 3. Set meeting times, dates, and places for the remainder of 1976. Motion was offered by Dr. Iachetta, seconded by Mr. Dorrier, setting meeting times, etc. for 1976 as follows: First Wednesday of each month - 7:30 P.M. - Albemarle County Courthouse Second Wednesday of each month - 9:00 A.M. - Board Room, County Office Building Third Wednesday of each month - 7:30 P.M. - Albemarle County Courthouse The foregoing motion carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. No. 4. Appointments: (a) Equalization Board for 1976. Dr. Iachetta offered motion to appoint Mrs. Marilyn Edmunds, a realtor, as a member of the Equalziation Board. The motion was seconded by Mr. Henley, and carried by the vote which follows: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. (b) Parks Committee. February 19, 1976. The Clerk was order to include this item on the agenda for (c) Economic Development Commission for 1976. Motion was offered by Mrs. David to appoint Mr. David Parrish, President, Michie Company, as a member of this commission. The motion was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Mrs. David and Messrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. None. (d) Advisory Committee-$ou~h'~Rivanna River Reservoir Study. Mr. RoudabUsh said he prefers that this person be someone who is readily available to the Board and suggested that this be the County Planning Director. Mrs. David said she is inclined to appoint someone else because of the Planning Director's work load. There being no consensus, this item was ordered carried over to February.19. Not Docketed. Mr. Fisher said he had received a memorandum from Michael Carroll concerning the vacancy on the Manpower Planning Council for Area Five. Mr. Carroll has suggested that this person be an elected official. Mr.'Fisher said because of his concern over things he has heard about the operation of this Council, he will serve in this capacity Not Docketed. Mr. Fisher noted receipt of a letter from Mrs. Margaret Wood, Extension Agent, stating that the Extension Service is sponsoring an Albemarle County Youth in Government Day again this year. She had requested that the date for this meeting be on May 5. Mr. Fisher said May 12 is a regular Board meeting date and he asked that the Clerk notify Mrs. Wood that the Board will participate on May 12. Not Docketed. Mr. Fisher noted receipt of a letter from Mr. Leigh Middleditch concerning the Albemarle County Comprehensive Plan. It read partially as follows: "At one of the recent Board of Supervisors meeting, a lady in the audience commented about her concern that the poor might not be represented with respect to the revision of the Comprehens Plan. I think this zs a legitimate concern. Every time there are restrictions placed on the use of land in the county, there is a distinct possibility that the value of the one asset that many of our residents have is being adversely affected. BY and large, these folks are unrepresented. While I am not sure of the solution, I suggest that you talk to David Levy who is head of the local Legal Aid Office. I am sure he might give you some worthwhile advise. Best Regards." Not Docketed: Letter was received from Senator J. Harry Michael, thanking the Board for resolutions opposing Senate Bill 37 and S. B. 38 (re: Elected School Boards) and stating that he intends to vote against these bills. Not Docketed: Mr. Roudabush said the Stony Point Volunteer Fire Company recently applied for a building permit and was staggered by the cost of same. He asked if there is any way the Board can give them some relief on the cost of this permit since they do render a public service which is not rendered by the County itself. Mr. Payne said he had discussed this problem with the Building Official. Mr. Clarke has said there is no exemption in the Building Code for other than County, State and 048 Fernery 12, 1976~ (Adjourned from February 11, 1976) and February 17, 1976 Dr. %achetta said since the County makes appropriations of funds to the volunteer fire companies, a reimbursement~ could be based on this fact also tying it to the specific purpose of building permits. Mr. Payne said the State statutes prohibit the County from donating any funds to any church or sectarian organization and that would eliminate all of those requests. Building permit fees occur only rarely. Mr. Roudabush suggested that the Board consider reimbursing building permit fees and inspection fees to those volunteer organizations in the county who are deemed to be rendering a public service and who would be otherwise subsidized by county funds. Mr. Payne said Virginia Code Section 15.1-25 provides for power to give money or property or any asset to hospitals, etc., to any association or other organziation furnishing voluntary fire fighting services and to any nonrprofit lifesaving crew, lifesaving organizati¢ or rescue squad. Mr. Dottier said he had recently read that section of the Code. He is concerned that the .Scottsville Rescue Squad did not receive a donation from the County last year and the Charlottesville-Albemarle Rescue Squad did. Mr. Fisher asked that the County Attorney~s~office draft a resolution for consideration by the Board on February 19 relating reimbursement of building permit fees to this section of the Code, but only on a request basis. At 6:25 P.M., motion was offered by Dr. Iachetta, seconded by Mr. Roudabush to adjourn into executive Session at the Boar's Head Inn, Route 250 West, Charlottesville, Virginia, for a discussion of personnel matters. The motion carried by the vote which follows: AYES: Mrs. David andtMessrs. Dorrier, Fisher, Henley, Iachetta and Roudabush. NAYS: None. The Board'reconvened at 9:00 A.M. on February 17, 1976, in the Board Room of the County Office Building, Charlottesville, Virginia, with the following members present at this time: Mrs. Opal D. David and Messrs. Lindsay G. Dottier, Jr., Gerald E. Fisher, F. Anthony Iachetta and William S. Roudabush. Absent: Mr. J. T. Henley, Jr. Officers present: St. John. County Executive, J. Harvey Bailey and County Attorney, George R. Mr. Fisher said the executive session which began February 12, 1976, at 6:30 P.M., continued for four hours at the Boar's Head Inn and again on February 14, 1976, at the Boars-' Head Inn. Each time, one applicant for the position of County Executive was interview~ The session was then recessed to February 15, 1976, at the Boar's Head Inn, where another four-hour interview took place. This executive session was again recessed to February 16, 1976, at 4:00 P.M. at the home of Mrs. Opal David where negotiations took place with the candidate chosen for the position of County Executive. This session was then recessed until 9:00 A.M., this date, February 17, 1976. -Mr. Fisher then called the executive session closed and explained the process by which the applicants were screened and chosen for interviews. He then announced that the Board had successfully negotiated with Mr. Guy B. Agnor, Jr., currently Director of Public Works for the City of Charlottesville, to be County Executive of Albemarle County. Mr. Agnor will begin work on April 1, 1976, at a salary of $29,000. Mr. Fisher said the Board had wanted someone who is a good administrator and someone who can work with the present county staff toward a more efficient organization. He added that Mr. Agnor was chosen because of his present rapport with the citizens of the community. Ail Board members present concurred with Mr. Fisher's statements and were unanimous in their enthusiasm regarding Mr. Agnor's selection. Mr. Agnor said he was honored at being selected and looked forward to working for the Board and with County employees toward a more unified local government. Mr. Agnor then briefly reviewed his background for the press. At 9:20 A.M., Mr. Fisher declared the meeting adjourned.