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1993-08-04
00029 August 4, 1993 (Regular Day Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August 4, 1993, at 9:00 A.M., Meeting Room 7, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. Edward H. Bain, Jr., Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Messrs. Forrest R. Marshall, Jr., Charles S. Martin and Walter F. Perkins. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr.; County Attorney, George R. St. John; and, Chief of Planning, Ronald W. Keeler. Agenda Item No. 1. The meeting was called to order at 10:00 A.M. by the Chairman, Mr. Bowerman. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC. There was no one from the public to speak. Agenda Item No. 5. Consent Agenda. Motion was offered by Mrs. Humphris, seconded by Mr. Marshall, to approve items 5.1, 5.2, 5.3 and 5.3a on the consent agenda, and to accept the remaining items as information (conver- sation pertaining to each item will be shown with that item number). Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. Item 5.1. Resolution to take roads in Forest Lakes Phase I into the State Secondary System of Highways (deferred from July 21, 1993). The County Attorney had a question on July 21 about the new resolution form required by the Virginia Department of Transportation. Staff advised that VDOT had created this form as a major effort to bring together many statutes and interpretations and to serve as a reference for VDOT personnel throughout the Commonwealth. No policy changes are included, the form being used only for uniformity and consistency for local board resolutions. The following resolution was then adopted by the vote shown above: WHEREAS, the streets in Forest Lakes Phase I described on the attached Additions Form SR-5(A) dated August 4, 1993, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Trans- portation to add the roads in Forest Lakes Subdivision as de- scribed on the attached Additions Form SR-5(A) dated AUgust 4, 1993, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the record- ed plats; and BE IT FURTHER RESOLVED, that the County of Albemarle hereby guarantees to the Virginia Department of Transportation that the irrigation system within the right-of-way of Timberwood Boulevard is excluded from this dedication and will be maintained at no cost to the Virginia Department of Transportation; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 1) The roads described on Additions Form SR-5(A) are: Timberwood Boulevard from edge of pavement of U.S. Route 29 0.21 mile to Station 14+41, Timberwood Boulevard, 100 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. August 4, 1993 (Regular Day Meeting) (Page 2) 2) 000; 9 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Timberwood BOUlevard f~0~ ~t~gB~4~1, Timberwood Boule- vard Timberwood Parkway, 90 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Timberwood Parkway from Station 31+86 0.39 mile to Station 11+25, 90 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Steeplechase Run from 9dge of pavement of Timberwood Parkway 0.18 mile to end of cul-de,sac, 50 foot right of waY, plat recorded 10/14/88 in Deed Book 1018, page 403. Crossfield Lane from edge of pavement of Steeplechase Run 0.08 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Saddlebrook Lane from edge of pavement of Steeplechase Run 0.15 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Sagebrush Court from edge of pavement of Jumpers Run 0.04 mile to end of cul-de-sac, 50 foot right of way, plat re- corded 10/14/88 in Deed Book 1018, page 403. Jumpers Run from edge of pavement of Saddlebrook Lane 0.19 mile to end of cul-de-sac, 50 foot right of way, plat re- corded 10/14/88 in Deed Book 1018, page 403. Amberfield Drive from edge of pavement of Timberwood Parkway 0.21 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Amberfield Trail from edge of pavement of Amberfield Drive 0.11 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Amberfield Court from edge of pavement of Amberfield Drive 0.03 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Cove Point Road from edge of pavement of Timberwood Parkway 0.08 mile to edge of pavement of Cove Trace, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Cove Lane from edge of pavement of Cove Point Road 0.08 mile to ene of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Cove Trace from end of cul-de-sac of Cove Lane 0.14 mile to end of cul-de-sac, 50 foot right of way, plat recorded 10/14/88 in Deed Book 1018, page 403. Worth Crossing from edge of pavement of Timberwood Boulevard 0.39 mile to edge of pavement of State Route 649, 70 foot right of way, plat recorded 10/16/89 in Deed Book 1071, page 493; also Deed Book 1071, pages 494 to 497 and pages 561- 563; Deed Book 1069, pages 028 to 030; Deed Book 1290, pages 395 to 397. Note: Additional plats recorded in: Deed Book 1018, pages 404- 435; Deed Book 1046, pages 226-228; Deed Book 1052, pages 511-513; Deed Book 1069, pages 028-030; Deed Book 1071, pages 493-497 and pages 561-563; Deed Book 1077, pages 335-342; Deed Book 1111, pages 338-339; Deed Book 1142, pages 535-537; Deed Book 1151, pages 710-716; Deed Book 1243, pages 174-176; Deed Book 1281, pages 343-344; Deed Book 1283, pages 191-197; Deed Book 1290, pages 395-397; Deed Book 1316, pages 089-090. Item 5.2. Adoption of Revised Personnel Policies for General Government Employees. In a memorandum dated July 29, 1993, Dr. Carole A. Hastings, Director of Human Resources, notes that the proposed policy amendments were reviewed by the Board of Supervisors on June 2 and July 7, 1993. The final version of the policies were attached to the memorandum, and approval was requested retroactively to July 1, 1993. The request was unanimously approved by the motion and vote set out above. The amended policies are set out in full as follows: ~P-01 EMPLOYEE RELATIONS PRINCIPLES Between the Board And its Employees The Board as employer realizes that the strength of Albemarle County Government depends directly upon the contribution made by every employee in the organization. It knows that high productivity and efficiency 000293 August 4, 1993 (Regular Day Meeting) (Page 3) result from individual job satisfaction. It is, therefore, the policy to be frank, fair, and honest with personnel and to respect their rights as employees. The Board shall continue to strive to achieve mutual respect in its working relationships. It will ~nsist that its supervisors do all in their power to carry out this objective. A. The Board will maintain a staff of competent employees by following the best possible screening procedures through the County Execu- tive/designee. Be The Board will observe and follow the established grievance proce- dure. Ce The Board will make every effort to maintain reasonable hours of work, good employee benefits, and the best possible working condi- tions. De Through these and other practices the Board will encourage employees to increase their growth and productivity with the organization. Equal employment opportunity will be a guiding principle by which the board conducts its business with employees. ~P-02 DEFINITION OF EMPLOYEE STATUS The Board will maintain standard definitions of employment and will classify employees in accordance with these definitions. Procedure for Compliance-Definition of Employee Status ae Classified Employee - A classified employee is defined as any employee in a non-teaching position. B. Definitions of Employment Permanent - Employment in an approved budgeted full-time or part-time position which is meant to be part of the regular County work force. an Full-time - Employment in an established position for not less than 40 hours per normal work week - Saturday at 12:01 a.m. to Friday at midnight)* and 52 weeks per fiscal year. be Part-time - Employment in an established position requir- ing not less than 20 hours per normal work week and 36 weeks per school year or 52 weeks per fiscal year. Salaried Board Member - Employment as a member of the Board of Supervisors, School Board or Planning Commission which are paid on an annual salary basis. 2n Temporary - Employment in a position established for a specific period of time or for the duration of a specific project or group of assignments (or for less than 20 hours per normal work week.) or, employment as a substitute in the absence of the incumbent a position classified as Full-time, Part-time for less than 3 months. mn Full-time - Employment in a position for not less than 40 hours per normal work week (Saturday at 12:01 a.m. to Friday at midnight.)* mn Part-time - Employment in a position requiring less than 40 hours per normal work week. Cn Extent of Participation in Benefits 1. Full-time: Participate in all benefit programs. n Part-time: Participate in prorated medical benefit, leave benefits, and applicable retirement and life insurance pro- grams. County employees hired prior to the implementation of this policy (i.e. October, 1985) and who received benefits, will not lose such benefits. 3n Temporary: Participate in no benefit programs. Salaried Board Member: Participate in health and dental insur- ance programs. Employees entitled to benefits will receive such benefits from the date of employment or whenever such benefits can begin. All paper- August 4, 1993 (Regular Day Meeting) (Page 4) work for payroll purposes for new employees must be received in human resources by the 15th of the month in order to be paid by the end of the month. For new employees who b~gin employment on or prior to the 15th of a month, the County's contribution toward medical insurance may begin the first of the following month. For new employees who begin employment after the 15th of a month, the County's contribution toward medical insurance may begin the first of the month following the first full month of employment. In this instance, employees may' purchase medical insurance during the first full month of employment by paying for both the employer and employee share of the cost. Medical insurance ceases at the end of the month for those employees who terminate on or before the fifteenth of the month and at the end of the next full month for those employees who terminate after the fifteenth of the month. Employees who are married to another County employee will be eligi- ble for two board contributions toward medical insurance. It is the responsibility of the employee to notify the Human Resources Depart- ment of this situation and, upon notification, the change in contri- bution will be made with the next payroll. In no event will the county be responsible for retroactive payments to employees who fail to provide this notification. Continuous service is defined as - uninterrupted employment while classified as a permanent employee. 1. Continuous service is broken by the following: a. Termination of employment; or bo Resignation by the employee; or Absence from work for more than five (5) consecutive work- ing days without prior approval of the supervisor, unless caused by proven illness or injury which renders the em- ployee incapable of working. NOTE: 'Schedules other than those noted may be established by Principals/Department Heads provided that the alternate schedules are in writing and provided to the employees and to the Human Resources Department. ~P-03 GRIEVANCE POLICY AND PROCEDURE Objective: It is the objective of the Board of Supervisors to provide fair~ equitable and satisfactory working arrangements for its employees. Every effort will be made to resolve employee grievances informally with the least amount of worry and delay. However, in some cases it becomes necessary to proceed through a formal appeal and panel review to handle thoroughly a given grievance. Accordingly, the following procedures and regulations are established. Definition of Grievance: A grievance shall be a complaint or dispute by an employee relating to his employment, including but not necessarily limited to: Disciplinary actions including dismissals, disciplinary demo- tions, and suspensions provided that dismissals shall be griev- able whenever resulting from formal discipline or unsatisfacto- ry job performance; if an appeal is made of any disciplinary action, the appealing employee should recognize that at each level of the process, a new hearing on the matter will be held and the disciplinary action rendered at subsequent levels may be either more or less stringent than that recommended at a previous level. The application of personnel policies, procedures, rules and regulations, including the application of policies involving the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; Acts of the retaliation as the result of utilization of the grievance procedure or participation in the grievance of anoth- er local government employee; Complaints of discrimination on the basis of race, color, creed, political affiliation, age, disability, national origin or sex; and Acts of retaliation because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, or has August 4, 1993 (Regular Day Meeting) ~ (Page 5) sought any change in law befOre'the congress of the United States or the General Assembly. The Board of Supervisors of Albemarle County shall retain the exclusive right to manage the affairs and operations of government. Accordingly, the following complaints are nongrievable: Establishment and revision of wages or salaries, position classification or general benefits; Work activity accepted by the employee as a condition of em- ployment or work activity which may reasonably be expected to be part of the job content; The contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; Failure to promote except where the employee can show that established promotional policies or procedures were not fol- lowed or applied fairly; The methods, means and personnel by which work activities are to be carried on; Except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance, termination, layoff, demo- tion or suspension from duties because of lack of work, reduc- tion in work force, or job abolition; The hiring, promotion, transfer, assignment and retention of employees within the County of Albemarle; The relief of employees from duties of the County of Albemarle in emergencies. In any grievance brought under 'the exception to provision 6 of this subdivision, the action shall be upheld upon a showing by the local government that: I. there was a valid business reason for the action; and II. the employee was notified of the reason in writing prior to the effective date of the action. Grievances filed with regard to the Americans with Disabilities Act (ADA) shall follow the grievance procedure established in the County's ADA Transition Plan. Manaqement Riqhts: Nothing in this procedure is intended to circumscribe or modify the existing management right of the County to do the follow- ing: 1. direct the work of its employees as well as establish and revise wages~ salaries, position classification and general employee benefits; 2. hire, promote, transfer, assign and retain employees within the agency; 3. maintain the efficiency of governmental operations; relieve employees from duties of the agency in emergencies; and determine the methods, means, and personnel by which operations are to be carried out. Determination of Grievability: 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 request that the issue of grievability may be appealed to the Circuit Court of this County for a hearing de novo on the issue of grievability. Within ten (10) days thereafter, the County Executive shall transmit to 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. A list of evidence furnished to the Court shall also be furnished to the grievant. Proceedings of the 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 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 August 4, 1993 (Regular Day Meeting) 000~ (Page 6) the decision of the County ExeCutive or may reverse or modify the decision. The issue of grievability may occur at any step of the following proce- dure prior to the panel hearing, but once raised, the issue must be resolved before further processing 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. The decision of the court is final and not appeal- able. Policy: Ail stages of the grievance beyond the first step (see following procedure) shall be in writing on forms supplied by the Human Resources Department of the County. Once an employee reduces his grievance to writing he must specify on the appropriate form the specific relief he expects to obtain through use of this procedure. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure, including the panel hearing, without just cause shall result in a decision in favor of the other party on any grievable issue, provid- ed the party not in compliance fails to correct the non-compliance within five (5) work days of receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the County Executive, or his designee. The County Executive, or his designee, at his option, may require a clear written explanation of the basis for just cause extensions or exceptions. The County Executive, or his designee, shall determine compliance issues. Compliance determination made by the County Executive shall be subject to judicial review by filing a petition with the Circuit Court of Albemarle County within thirty (30) days of the compliance determination. Grievance Procedure Any employee wishing to file a grievance shall have the right to follow all the steps of this procedure as listed below with complete freedom from reprisal. Albemarle County police officers have the right to file a grievance under this procedure or the state law enforcement officers grievance procedure but not both. With the exception of Step IV (Upper Management Level) the only person who may normally be present in the Management Step meetings are the grievant, the appropriate official at the level at which the grievance is being heard, and appropriate witness- es for each side. Witnesses shall be present only while actually provid- ing testimony. At the Upper Management Level, the grievant, at his option, may have present a representative of his choice. If the grievant is represented by legal counsel, the County Executive likewise has the option of being represented by counsel. If an appeal is made of any disciplinary action, the appealing employee should recognize that at each level of the process, a new hearing on the matter will be held and the disciplinary action rendered at subsequent levels may be either more or less stringent than that recommended at a previous level. 1. Step I (Supervisory Level) Within thirty (30) calendar days after the occurrence or condi- tion giving rise to the grievance, the employee affected may identify the grievance verbally to the employee's immediate supervisor.* Within three (3) working days of such presenta- tion, the supervisor shall give his/her response to the employ- ee with respect to the grievance, or shall advise the employee that additional time for such decision is needed, in which case a decision must be given the employee within three (3) working days thereafter. If a satisfactory resolution is not reached by this process, the employee shall produce the grievance in writing, identify- ing the nature of the grievance and the expected remedy on Grievance Form A. Such written grievance shall be presented to the immediate supervisor and Director of Human Resources within three (3) working days of the supervisor's verbal reply. When the action being grieved was initiated by a level above the immediate supervisor, the grievance shall be presented to the person whose action is being grieved. 2. Step II (Management Level) If a satisfactory resolution is not reached at the first step, the employee may so indicate on the grievance form and submit the grievance to his/her department head within ten (10) working days. A meeting to review the grievance shall be held between the employee and the department head within three (3) working days. The time August 4, 1993 (Regular Day Meeting) 000297 (Page 7) between the second step submission and the second Step meeting may be extended by mutual agreement° A second step written reply to the grievant shall be provided to the employee within three (3) working days after the second step meet- ing. 3e Step III (Upper Management Level) If a satisfactory resolution is not reached at the second step, the employee may submit the grievance to the Deputy County Executive. Submission to the third step must occur within ten (10) working days of the second step. The Deputy County Executive will meet with the employee within three (3) working days or indicate an extension is necessary. Such extension shall not exceed three (3) additional working days except by mutual agreement. The Deputy County Execu- tive shall render a written reply to the grievance within three (3) working days following the third step meeting. 4. Step IV (Upper Management Level) If a satisfactory resolution is not reached at the third step, the employee may submit the grievance to the County Executive. Submis- sion to the fourth step must occur within ten (10) working days of the third step. The County Executive will meet with the employee within three (3) working days or indicate an extension is necessary. Such extension shall not exceed three (3) additional working days except by mutual agreement. The County Executive shall render a written reply to the grievance within three (3) working days follow- ing the fourth step meeting. 5. Step V (Panel Hearing) If the reply from the fourth step meeting is not acceptable to the grievant, he/she may submit the grievance to a fifth step panel hearing. The request for a fifth step panel hearing shall be indicated by the employee on Panel Hearing Form B and submitted to the County Executive. A request for panel hearing must be submitted within ten (10) working days of the fourth step reply. The County Executive will arrange for the panel selection and schedule the panel hearing. A panel shall be chosen which shall be composed of three members and shall be chosen in the following manner: one member appointed by the grievant, one member appointed by the County Executive and a third member selected by the first two. To ensure an objective panel, neither the grievant nor supervisory personnel responding to the first four steps of the grievance may serve on the panel. Panels chosen in compliance with these requirements shall be deemed to be impartial. In the event that agreement cannot be reached as to the final panel member, the chief judge of the Circuit Court of this County shall select such third panel member. To insure an impartial panel, such panel shall select such third panel member. To insure an impartial panel, such panel shall not be composed of any person having direct involvement with the grievance being heard at the panel, or with the complaint or dispute giving rise to the grievance. M~ha~ers Who are in a direct line of supervision of a grievant and the following relatives of a participant in the griev- ance process or a participant's spouse are prohibited from serving as panel member: spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or coemployee of such an attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. In cases involving retaliation or employee termination, Albemarle County retains its right to use an administrative hearing officer as a third panel member. When this option is exercised, the adminis- trative hearing officer shall be appointed by the Executive Secre- tary of the Supreme Court. The appointment shall be made from a list of Administrative Hearing Officers maintained by the Executive Secretary pursuant of Section 9-6.14:14.1 and shall be made from the appropriate geographical region on a rotation basis If the local government elects to use an Administrative Hearing Officer it shall bear the expense of such officer's services. in all cases, the third panel member shall be the chairman, set the time for the hearing and notify the employee. The hearing shall be held no later than (10) working days after the date of the request unless the selection involves the use of the Circuit Court. In such case, the hearing shall be held as soon as practicable, but no more than ten (10) working days after the final panel member has been selected. The grievant may have present at this meeting representa- tives of his/her choice. Copies of Form A shall be sent by the County Executive to the panel members. August 4, 1993 (Regular Day Meeting) 000~ (Page 8) The majority deciS~0~' 0f~he Pa'~l, ~ting within the scope of its authority, shall be final, subject to existing policies, procedures and law. The question of whether the relief granted by the panel is consistent with written policy shall be determined by the County Executive of Albemarle County, or his designee, unless such person has a direct personal involvement with the event or events giving rise to the grievance, in which case a decision shall be made by the Attorney for the Commonwealth of Albemarle County. The panel has a responsibility to interpret the application of appropriate agency policies and procedures in the case. It does not have the authority to formulate policies or procedures or to alter existing policies or procedures. The conduct of the hearing shall be as follows: ae The panel shall determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing. At the request of either party, the hearing shall be private. be The County shall provide the panel with copies of the grievance record prior to the hearing and provide the grievant with a list of the documents furnished the panel and the grievant and his attorney, at least ten (10) days prior to the scheduled panel hearing~ shall be allowed access to and copies of all relevant files intended to be used in the grievance proceeding. Documents, exhibits and lists of witnesses shall be exchanged between the parties at least five (5) days in advance of the hearing and the parties shall be under a continuing duty to disclose additional documents identified later which may be used in the respective parties' cases-in-chief. The panel may, at the beginning of the hearing, ask for state- ments clarifying the issues involved. de Exhibits, when offered by the grievant or the County, may be received in evidence by the panel, and when so received, shall · be marked and made a part of the record. so The grievant and supervisor, or their representatives, shall then present their claims, evidence and witnesses who shall submit to the questions or other examination° The panel may, at its discretion, vary this procedure but shall afford full and equal opportunity to all parties and witnesses for presen- tation of any material or relevant evidence. The parties may offer evidence and shall produce such addition- al evidence as the panel may deem necessary to an understanding and determination of the disputes. The panel shall be the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the presence of the panel and of the parties. The panel chairman shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed. he The hearings may be reopened by the panel chairman with the County Executive no later than fifteen (15) working days after the completion of the hearing. The decision shall be made on forms furnished by the County. The decision shall be filed in writing by the panel chairman with the County Executive no later than fifteen (15) working days after the completion of the hearing. The decision shall be made on forms furnished by the County. Copies of the decision shall be transmitted to the County Executive, the employee, and the employee's supervisor. The parties to the grievance, by mutual agreement, or the panel chairman may extend any or all of the time periods established in this procedure. The grievant must bear any cost involved in employing representation or in the legal preparation of his/her case. Either party may petition the court for an order requiring imple- mentation of the decision of the panele ~P-04 PERSONNEL RECORDS Present and past employees shall have access to their personnel files and records, exclusive of those items made confidential by law, which are maintained by the County of Albemarle. No separate files shall be August 4, 1993 (Regular Day Meeting) ~~ (Page 9) maintained regarding an employee which is not available for that em- ployee's inspection. Information determined to be unfounded after a reasonable administrative review shall not be maintained in any employee personnel file, but may be retained in a separate sealed file by the administration if such informa- tion alleges civil or criminal offenses. If information relative to employment is requested by banks or other establishments, written permission from the employee to release such information is required. A. The official personnel file shall be defined as the employment file containing personal information relevant to the individual's employ- ment which is maintained in the County Human Resources Office. The official personnel file shall be the only file which is to be considered official and complete in matters related to wage and salary, employee selection, evaluation, letters of reprimand or commendation, placement of employees shall be contained in this file. Supervisors are responsible for forwarding all such documents to the Director of Human Resources for inclusion in the official file. B. Confidentiality of Files - The Human Resources Office shall protect the confidentiality of personnel files, personnel references, academic credits and other similar documents. It shall establish no separate file that is not available for the employee's inspection° C. File Contents - Subsequent to the date of employment, no material derogatory to an employee's conduct, service, character or personal- ity shall be placed in his or her personnel file unless the employee has had an opportunity to review the material. The employee shall be given the opportunity to acknowledge that he or she has reviewed , the material by affixing his or her signature. A statement will be included on the document stating, "this signature in no way indi- cates agreement with the contents of this document but only that I have received a copy of it." If the employee refuses to sign the document, the supervisor shall have someone witness the fact that the document was given to the employee and sign a statement attest- ing to their witnessing. The document should then be forwarded to the Human Resources Office. The employee also shall have the right to submit a written answer to such material, and the Director of Human Resources shall review the answer and shall attach it to the file copy. In no instance should employees be asked to sign docu- ments which are incomplete. References, transcripts, placement folders and other materials that are received on the basis of pledged confidentiality as a part of the pre-employment procedure shall not be considered as part of the file material for purposes of this section and section D which follows: D. Review of Contents - An employee shall have the right, upon request, to review the contents of his or her personnel file. E. Access to Personnel Files - The Director of Human Resources will be held responsible for assuring that only authorized individuals have access to the personnel files. The following individuals shall have general access to the files: (1) County Executive or designee (2) Director of Human Resources and Human Resources staff. The follow- ing individuals shall be designated as having regular access to a limited number of official personnel files: (1) Individual employ- ees or former employees after demonstrating identity (2) Immediate supervisors shall have access to files of employees under their authority only. The Board, at its request, may review the personnel file of an employee in executive session at a Board meeting. In such instances either the County Executive or Director of Human Resources will deliver the file to the Board° There shall be no access to or dissemination of material from the official personnel files to any individual or organization not having regular access unless a Voluntary Release of information Form has been signed by the employee and requesting individual or organi- zation. F. Only the County Executive/Designee in conjunction with the Director of Human Resources shall have the authority to remove a document from a personnel file. After a period of five years from the date on which a document was placed in a personnel file had elapsed~ requests for removal of a document from an individual's file may be made in writing through the Director of Human Resources who will consult with the County Executive on the request. August 4, 1993 (Regular Day Meeting) O00~,~j~0 (Page 10) A decision will be rendered in writzng to the employee and, if removal of the document is approved, the document will be forwarded to the employee. Legal Reference: Code of Va., S§ 2.1-340--2.1-346, Virginia Freedom of Information Act. See §2.1-342(b)(3), Official records to be open to inspection; exceptions. $P-05 CRIMINAL CONVICTIONS/MOTOR VEHICLE VIOLATIONS POLICY It is the policy of Albemarle County to seek criminal conviction and Department of Motor Vehicle violation information on applicants for all county positions prior to their employment. It is the responsibility of the Department of Human Resources to determine on a case basis whether or not a convicted offender will be employed considering the sensitive nature of the affected job, the seriousness of the offense(s) and the honesty of the applicant in completing the application form. Effect of Criminal Conviction It is the policy of the board not to employ or to continue the employment of classified, professional or administrative personnel who may be deemed unsuited for service by reason of criminal conviction. Conviction of a crime, in and of itself, is not an automatic bar to employment. Where a conviction relates to suitability of the individual to perform duties in a particular position, such person may be denied employment or be termi- nated. Individuals applying for employment in Albemarle County for any position shall be required to disclose prior convictions of law other than minor traffic violations or juvenile offenses. Information provided by appli- cants may be verified by work history, personal reference or criminal record inquiries to determine the applicant's acceptability for employ- ment. Where a prior conviction is ascertained, the County will consider the nature of the offense, the date of the offense, and the relationship between the offense and the position for which application is sought. If an applicant makes any misrepresentation or willful omissions of fact regarding prior criminal history, such misrepresentation or omission shall be sufficient cause for disqualification of the applicant or termination of employment. Legal Ref.: Code of Virginia, 1950, as amended, Chapter 23, ~ 19.2-389(7). Applicants for all positions, will be advised by a statement on the application form that they will be required to sign a statement before or at the time an employment offer is made which authorizes Albemarle County to have a criminal conviction and motor vehicle violation investigation performed and that satisfactory outcome of the investigation is a condi- tion of employment. The following paragraph will be added to all applications for employment with Albemarle County: "I hereby authorize the Office of Human Resources to conduct work history, personal reference or police record inquiries, and waive the right to hold liable those persons for providing any requested information. It is understood that such information is to be absolutely privileged, confidential, and used only in determining my qualifications for employment and assignment." If an applicant for employment with the Albemarle County should refuse to permit a criminal history record search, that applicant will be removed from further employment consideration. Applicants who omit convictions from the application form will be denied employment for falsification of the application. A new application may be filed after three calendar years provided the person at that time lists their convictions. Once employment candidates have been interviewed, they will complete two copies of the attached Criminal History Record Request. All written offers of employment will state that the execution of an authorization for Albemarle County to conduct a criminal conviction/motor vehicle violation investigation and its satisfactory outcome are conditions of employment. The Office of Human Resources will deliver such requests to the Albemarle County Police Department or Department of Motor Vehicles to conduct the search for any criminal history record. Once a criminal record has been reviewed and an administrative determination made con- cerning employment suitability, the record will be retained in a file separate from the official personnel file. If a criminal record is obtained that would prohibit employment under Albemarle County Board policy, the applicant will be so informed and his application for employ- ment removed from consideration, if the response to the request indi- cates "No Conviction Record" it will be filed in the employee's personnel file. If the response indicates a conviction(s), the response will be reviewed by the Director of Human Resources. Convictions/violations which August 4, 1993 (Regular Day Meeting) O00,U~O~ (Page 11) are judged not to be related to the ~u~*ie~'~'f the position for which application is made will not be discussed with the employing department unless such discussion is necessary to make the decision to employ the applicant. If the response reveals convictions/violations which appear to be job related, it will be discussed with the employing school/ department to determine what action would be appropriate. Records of criminal conviction/motor vehicle violation information will not be filed in the individual/s personnel file. Conviction information received by Albemarle County will not be disseminated to any third part not directly involved in the hiring process. ~P-06 ALCOHOL/DRUG FREE WORK PLACE Albemarle County has a vital interest in maintaining a safe, healthful, and productive environment for its employees. The use of alcohol or illegal drugs, or unlawful use of prescription drugs undermines the quality of job performance, endangers co-workers and brings discredit to the County. The County will not tolerate the possession or use of illegal drugs, alcohol, or the unlawful use of prescription drugs by its employees in any job-related context and is committed to the eradication of them from the work place. This policy is not intended to prevent County employees from participating in social functions outside of County facilities or schools where alcohol may be served. Any County employee determined to have violated this policy will be subject to disciplinary action up to and including dismissal. All County employees shall be responsible for reporting any evidence of the use of drugs or alcohol by employees to their department head. All such reports shall be thoroughly investigated and reported to the County Executive/Department Head or designee and appropriate action will be taken as necessary. The Board will not tolerate any violation of the law and, in accordance with the law, will fully support any employee who, in good faith and with probable cause acts to report the activities of other persons as they relate to the use of alcohol or drugs on County property. In order to comply with federal law, the County requires that an employee notify the employer of any criminal drug statute conviction for a viola- tion occurring in the work place no later than five days after such conviction. Failure to notify the County of drug related convictions is grounds for dismissal. The County must notify any federal contracting agency within 10 days of having received notice that an employee engaged in the performance of such contract has had any criminal drug statute conviction for a violation occurring in the work place. The County will impose a sanction on any employee who is so convicted. Procedure for Compliance - Alcohol/Drug Free Work Place Employee Assistance The County recognizes that alcohol and drug dependencies are ill- nesses and major community health problems. Early recognition and treatment of alcohol and drug abuse are essential to successful rehabilitation. The County maintains an employee assistance program (EPA) to assist employees with alcohol and drug abuse problems as well as with other personal problems and will also make referrals to appropriate treatment programs. Employees voluntarily seeking assistance for a substance abuse problem through EAP or a medical source will not be disciplined as a result of their disclosure of prior drug or alcohol use, and treat- ment by EAP or another source will be handled in confidence. The County shall establish a drug-free awareness program to inform all employees about the dangers of drug abuse in the work place and that the maintenance of a drug-free work place is the County's goal. The awareness program shall identify counseling and rehabilitation programs and shall emphasize the penalties for employees' violating this policy and its administrative procedures. II. Use of Drugs Controlled Substances (Illegal Drugs) Any employee who enters upon County property or reports for duty while possessing or after having consumed con- trolled substances (illegal drugs) shall be immediately suspended until the County Executive or Department Head shall take such action as is advisable. The County Execu- tive/Department shall investigate all charges and shall make such recommendations to the board as he judges to be appropriate which may include dismissal. August 4, 1993 (Regular Day Meeting) (Page 12) OOO.3O2 t Any County employee who is convicted of the illegal pos- session, use or distribution of controlled substances (illegal drugs) either in or outside of the work place will be relieved of his or her duties in accordance with due process. Upon being charged by legal authorities, the employee will be suspended without pay until the case is resolved. If the employee is convicted, the employee will be dismissed effective the date he or she was originally suspended. If not convicted, the employee will be reinstated with full pay retroactive to the date of suspension. III. Use of Alcohol/Legal Drugs A. In the Work Place If an employee enters upon County property or is caught in the work place under the influence of or possessing alcohol or is misusing legal drugs, the employee will be referred to the Employee Assistance Program. A determination regarding extend- ed rehabilitation will be made by the Employee Assistance Coun- selor, the employee and the immediate supervisor. If the employee refuses this option for counseling/rehabilitation, disciplinary action including dismissal, may be taken. B. Driving Under Influence of Alcohol/Legal Drugs 1. Employees Who Drive as Primary Occupation If a County employee is charged with or convicted of a motor vehicle offense involving alcohol or the misuse of legal drugs whether in or outside of the work place and their position in the County requires driving as a primary responsibility, they will be dismissed from their employ- ment in accordance with due process. Upon being charged by legal authorities, the employee will be suspended with- out pay until the case is resolved. If the employee is convicted, the employee will be dismissed effective the date he or she was originally suspended. If not convict- ed, the employee will be reinstated with full pay retroac- tive to the date of suspension. 2. Other County Employees County employees whose primary occupation does not involve driving and who are convicted of a motor vehicle violation involving alcohol or the misuse of legal drugs will be suspended from driving a County vehicle for one year from the date of conviction. Employees convicted of such of- lenses must notify their immediate supervisor of the con- viction and will be referred to the Employee Assistance Program for counseling. IV. Preemployment Testing/Referral for Testing A substance test will be given at County expense to all new persons offered permanent employment in certain safety related positions with the County. These positions will be designated on a list approved by the County Executive and will be main- tained by the County Executive/Director of Human Resources. Department Head may determine that applicants for certain posi- tions on the designated list must undergo the preemployment substance test for temporary employment. In such instances, the Department Head is responsible for notifying the Director of Human Resources of this requirement and will be responsible for all associated costs. In addition certain positions that require annual physical examinations will have a substance test added to the examination as a requirement for continued employ- ment. Two positive results on any substance test will result in denial of employment rights. For nonsafety - related posi- tions a new application may be filed one year after the failing of a drug test. For safety - related positions, a three year period must elapse before a new application will be considered. Department Heads may require that employees undergo testing for substance usage if they suspect such usage in the work place. Such testing will be coordinated through the County Physician services provided by Martha Jefferson Hospital. Department Heads may request that employees undergo a substance test at County Expense in safety-related instances where assum- ing a responsibility may involve the safety of staff. Employees in certain safety-related positions who are taking a prescribed medication which may impair performance, are re- quired to inform the supervisor of such medication and to bring a statement from his/her physician regarding the likely effects August 4, 1993 (Regular Day Meeting) (Page 13) Ve oooao of the medica%i°n on the employee's job performance. The positions covered under this provision will be included on a list in the Office of Human Resources and will be made known to employees in those job classes. Through this program of providing every employee with the informa- tion listed above as well as alcohol/drug abuse education and training programs and the Employee Assistance Program, the County is making a good-faith effort to maintain a drug-free work place. COUNTY OF ALBEMARLE RECOMMENDED SAFETY RELATED POSITIONS DRUG FREE WORK PLACE POLICY POSITION REASON FOR RECOMMENDATION Local Government Police Officers: Use of force/operation of emergency vehicles Social Services: Social ServiCe Aide Sr. Social Service Aide Social Worker Sr. Social Worker Sr. Employment Services Worker Social Work Supervisor Parks and Recreation: Life Guard Park Foreman Lead Groundskeeper Groundskeeper PT Bus Driver Frequent transportation of clients Safety of public/Use of dangerous equipment (unless Transportation of partici- pants already employed by schools) Joint Communications Center: Center Manager: The planning, directing, and evalu- ation of the entire operation of the 911 Joint Dispatch Center. Communications Supervisor II Communications Supervisor I 1) The supervision of three com- munication shifts working 365 days a year, 24 hours a day. Personnel supervised are Communications Supervisor I and Communications Officers. 2) Directs all the activities of call taking, and dis- patching of Police Communications and Emergency Medical Dispatch. 1) Supervises Communications Offi- cers during assigned communica- tions shift. 2) Conducts communi- cation work pertaining to the receipt of emergency calls from the public and the maintenance of radio communications with Emergency Police and rescue units. Communications Officer: Performs communications work per taining to the receipt of emergency calls from the public and the maintenance of radio communications with Emergency Police and Rescue Units. ~P-07 PERSONNEL POLICIES GOALS Policies contained in this section set forth provisions for initial and continuous employment of all personnel of Albemarle County. In addition to policies established by the Board, the County shall comply with all applicable State and Federal laws and regulations. In any case in which policy conflicts with State or Federal law, State or Federal law shall control. These policies shall be administered by the Human Resources Office which shall be responsible for the appropriate recruitment *, staffing, and employee relations of the County and shall maintain a personnel file system for all employees of the County. The personnel policies shall be reviewed periodically. Personnel Employ- ees or their representatives may be consulted and their suggestions sought in the review and revision of personnel policies. Revisions and August 4, 1993 (Regular Day Meeting) 000204 (Page 14) additions shall be subject to approval by the Board of Supervisors on the recommendation of the County Executive/Designee. * Social Services employees are governed under the State of Virginia recruitment procedures. gP-08 COMMONALITY IN PERSONNEL PRACTICES The Albemarle County Board of Supervisors and School Board believe that their employees are all dependent on Albemarle County taxpayers and thus should be governed by the same personnel policies, procedures and prac- tices. To effect this commonality, the boards have implemented proce- dures through which communications and decisions regarding personnel matters take place between the local government and the school division. Procedures Ail personnel policies and procedures that are applicable to both local government and school division employees will be ap- proved by both the Board of Supervisors and School Board. 2o A committee comprised of representatives from both divisions will review all proposed personnel policies and procedures that are applicable to both divisions and make recommendations to both the County Executive and Superintendent. Should changes be suggested by either board, the matter will be referred back to the County Executive and Superintendent for resolution subject to final approval by the boards. Annually~ a salary and benefits survey will be conducted to determine the competitiveness of the County's programs. Based on a review of these data, the County Executive and Superinten- dent will make joint recommendations regarding salary and benefit adjustments for inclusion in the next year's budget. The boards will maintain a common salary schedule, * means of assigning positions to pay ranges and fringe benefit program for employees in both divisions. Se Whenever a personnel matter occurs that may be applicable to both divisions, it shall be the responsibility of the County Executive and Superintendent to discuss the issue, refer it to an appropriate task force for recommendation or to the boards for approval as necessary. Through the above procedures, it is anticipated that personnel policies, procedures and practices affecting local government and school division employees shall, whenever possible, be consistently developed and admin- istered. * excluding teachers SP-09 THIRD-PARTY COMPLAINTS AGAINST EMPLOYEES* Prior to filing a formal complaint, individuals are encouraged to attempt to resolve their concerns informally by addressing the matter to the person with whom they have the concern. Any individual who wishes to file a formal complaint regarding an employee of Albemarle County shall complete a Third-Party Complaint Form available from the office of the County Executive/Designee. In each instance where a complaint is filed on the appropriate form, the individual to whom the complaint is made, or who may be specifically designated to handle such complaints, shall hold a conference within 10 calendar days from when the complaint was received with the employee to consider all sides of the issue. Following the conference, a specific memorandum shall be given to the employee indicat- ing the nature of the complaint and any specific action taken within 10 calendar days after the conference. Individuals affected shall acknowl- edge receipt of the memorandum by signing a statement on the copy to be filed, indicating the memorandum and the original complaint form were re- ceived. In instances where the employee does not agree with the facts stated in the memorandum or the action taken, he or she shall be allowed to respond in writing and have the response filed with the memorandum. If, after investigation by the designated individual, the complaint is deemed unsubstantiated, the memorandum shall be destroyed. If the complaint is substantiated, the memorandum shall be placed in the em- ployees' personnel file. Individuals who utilize the complaint form in lodging a complaint shall be sent a letter noting that the complaint has been filed and is in the process of being investigated. After the investigation is completed the person who lodged the complaint will be notified whether or not any action was taken. August 4, 1993 (Regular Day Meeting) 000~05 (Page 15) The complaint must be filed within 30 days after the alleged incident and should be processed after a reasonable period of time, normally within 60 days or less. * A separate procedure exists for Third Party Complaints against sworn Police Department Personnel. gP-12 FITNESS FOR DUTY The Board of Supervisors believes that its responsibility is to assure that all of its employees are fit for duty, physically and psychological- ly, in order to provide the highest level of services possible to the citizens of Albemarle County. In order to effect this assurance, the Board has charged the County Executive with the responsibility of imple-. menting procedures that are fair to the employees involved but that also protect the basic belief that all employees must be of sound mind and body in order to carry out their responsibilities at the highest levels possible. Procedure for Compliance - Fitness for Duty Ail employees will be informed that a minimum responsibility is to maintain their physical and emotional health to a degree required to carry out their responsibilities as employees. e Ail job descriptions will clearly state the minimum physical and emotional health requirements of the particular job. Em- ployees are responsible for familiarizing themselves with these requirements. If a supervisor suspects that an employee is not fit for duty, i.e. is unable to effectively perform his/her responsibilities due to physical or emotional health problems, the supervisor will have the right to refer the employee for a fitness for duty examination through the County physician. When such a referral is made, the supervisor shall explain to the employee the reasons for requiring the fitness for duty examination. The examination shall be at the County's expense and take place on the employee's paid work time. Results of the fitness for duty examination will be shared with the employee. If the fitness for duty examination indicates that the employee requires some treatment prior to resuming their employment responsibilities, the Human Resources Depart- ment shall counsel the employee on the services available for this treatment. If the County physician indicates that the employee is not fit for duty on a permanent basis, the employee will also have benefits such as retirement disability explained to him/her. If the fitness for duty examination indicates that the employee could perform their responsibilities with some reasonable accommodation to the job, the County Executive/ Superinten- dent/designee will determine whether or not such modifications to the job can be made. If the fitness for duty examination indicates that the employee could perform his/her responsibilities by adhering to some medical treatment, it shall remain the responsibility of the employee to undergo the treatment. Failure to do so may result in dismissal from employment. When employees return to work after hospitalization or pro- longed absence for health reasons the County Executive/designee. may require that the employee be examined by the County physi- cian prior to allowing the employee to return to work. The above-outlined procedures are designed to assure that employees are fit for duty or, if problems occur, receive the treatment required in order to be able to perform their responsibilities to the extent required in the position description. SP - 20 CONDITIONS OF EMPLOYMENT PERSONNEL FUNDED THROUGH OTHER THAN COUNTY BUDGET The Board recognizes the fact that additional funding is available for employees through various sources. The Board encourages its administra- tion in the designing of projects which will enhance and stimulate its regular programs. The Board requires that the procedures utilized in employing such personnel will be consistent with policies and procedures in effect for regular County-funded employees. August 4, 1993 (Regular Day Meeting) 000,[]06 ( Page 16 ) .... ......... ~ ?~.~ ~ ~!~% The Board shall, in all cases, retain Control over the employment, fringe benefits and payment of all employees regardless of the source of fund- ing, except where thi~ is suPerseded by federal or state law. Procedure for Conditions of Employment: Personnel Funded Through Other than County Budget All projects or grants involving requests for employment of person- nel in Albemarle County shall be brought to the attention of the County Executive and Director of Human Resources. The Board shall be supplied with information on all projects and grants and such additional personnel employed under these projects and grants. Ce Ail employees funded through other than County funds, inclusive of any agency for which the County is the official designated fiscal agent, shall be treated as though thy were regular County employees and shall be subject to the same classification system, fringe benefitsv and recruitment practices as regular County employees. De Ail employment of personnel, regardless of the funding source for their salaries, shall be conducted in accordance with procedures established and coordinated under the Director of Human Resources. Administrators shall, in preparing a grant or project for additional personnel, build into the proposal enough funds to cover the appro- priate fringe benefit package for the position(s). The classifica- tion of such positions will be determined in consultation with the Director of Human Resources. Under no circumstances shall the Board be held liable for funding fringe benefits for other than County funded employees unless prior approval has been received by the Board. Ge The performance of employees funded through other sources shall be evaluated as that of regular County employees. $P-21 EEOC POLICY STATEMENT INCLUDING SEXUAL HARASSMENT POLICY ae Be Generally - The policies contained in this section set forth provi' sions for initial and continuous employment of all personnel of Albemarle County. In addition to policies established by Albemarle County Board of Supervisors, the division shall comply with all applicable state and federal laws and regulations. Equal Employment Opportunity - Albemarle County shall adhere to a policy of equal employment opportunities for all employees. It is the policy of the board to not discriminate against any employee because of race, color, religion age, sex, disability, national origin, marital status, or physical disability except in situations where such disability will constitute an employment liability. Discrimination..against any person shall be prohibited in recruit- ment, examination, aPPointment, training, pr~oti0n, retention, discipline, and any other aspect of personnel administration for any of the above-listed reasons, because of political or religious opinion or affiliation, or because of other non-merit factors. The statement, "Albemarle County is an Equal Opportunity Employer," shall be placed on all employment application forms and shall be disseminated throughout Albemarle County. The County will abide by section 504 of the Handicapped Rehabilitation Act and the American's With Disabilities Act. Ce Sexual Harassment - It is the policy of the Albemarle County Board of Supervisors to prohibit any sexual harassment in relation to em- ployment in Albemarle County. It is illegal for any employee, male or female, to harass another employee by (1) making unwelcome sexual advances or requests for sexual favors, or engaging in other verbal or physical conduct of a sexual nature, or (2) making submission to or rejection of such conduct a basis for employment decisions affecting the employee, or (3) creating an intimidating, hostile or offensive working environment by such conduct. Any employee who believes that he or she has been subjected to sexual harassment should report the alleged act immediately to the Title IX compliance officer, and a confidential investigation of any complaint will be undertaken immediately. The question of whether a particular action or incident is prohibited behavior or a purely personal, social relationship without an adverse employment effect requires a deter- mination based on all the available facts in the matter. Any administrator, teacher or other employee who is found after appropriate investigation to have engaged in sexual harassment of another employee will be subject to appropriate sanctions depending August 4, 1993 (Regular Day Meeting) 000207 (Page 17) upon the circumstances, from a warning in his or her file up to and including immediate discharge. Legal Refs.: Civil Rights Act of 1964, as amended in 1972, Title VI, Title VII; 42 U.S.C. 2000e-z, 29 C.F.R. 1604.11 (1987); Execu- tive Order 11246, 1965, as amended by E.O. 11375; Equal Employment Opportunity. Act of 1972, Title VII; Education Amendments of 1972, Title IX (P.L. 92-318); 45 C.F.R., Parts 81, 86 (Federal Register June 4, 1975, August 11, 1975); Rehabilitation Act of 1973; Age Discrimination in Employment Act, P.L. 95-256; Constitution of Virginia. ~P-22 EMPLOYEE DISCIPLINE The Board recognizes its continuing responsibility to develop and admin- ister necessary regulations in a fair and consistent manner, and the obligations of all employees to conform with those regulations. The Board seeks to establish and maintain appropriate administrative policies which will provide the most efficient operation of the Albemarle County Government and to provide for proper disciplinary action whenever an employee fails to observe such regulations. Procedure for Enforcement of Administrative Regulations ae Whenever an employee violates any of the Board regulations, the employee may be subject to official disciplinary action including discharge. Disciplinary action will be taken in private by the employee's immediate supervisor and will normally be progressive with the seriousness of the infraction: The normal course will be: 1. Oral reprimand 2e Written reprimand Suspension with pay (for investigative purposes) 4e Suspension without pay ae The County Executive or designee may suspend classified personnel for just cause. All pay and benefits may be suspended concurrently if suspension without pay is uti- lized. 5. Dismissal ae The County Executive or designee may place on probation and dismiss employees for just cause. An employee who is dismissed may appeal the decision through the Grievance Procedure except for appointed department heads. Any intentional violation of regulations that may endanger the safety of a fellow employee may be the cause for immediate dis- charge. Ail official written disciplinary action, must be recorded and forwarded to the Human Resources Office for inclusion in the em- ployee's personnel file with a copy provided to the employee. The department head or designee has the right to utilize any or all of the preceding steps in the disciplinary process with suspension without pay or dismissal subject to approval by the County Executive or designee. All disciplinary complaints are subject to the ap- proved grievance procedure. If an appeal is made of any disciplin- ary action, the appealing employee should recognize that at each level of the process, a new hearing on the matter will be held and the disciplinary action rendered at subsequent levels may be either more or less stringent than that recommended at a previous level. SP-23 PERFORMANCE REVIEW The Board believes that the primary purpose of a performance review is to inform employees about their abilities, contributions, level of perfor- mance and to offer constructive help as to how they might improve. The Board endorses a regular system of performance reviews and recognizes that this system is designed to: Maintain or improve each employee's job satisfaction by showing an interest in his/her development. August 4, 1993 (Regular Da~-Meeting) 000~'.~08 (Page 18) B. Serve as a systematic guide in planning further improvement in job performance. C. Assure a considered opinion of an employee's performance. De Assist in determining and recording special talents, skills, and/or deficiencies. Provide an opportunity for each employee to discuss concerns about his/her job. Fe Assemble data for use as a guide for such purposes as wage adjust- ments, promotions, training opportunities, disciplinary action, reassignment, and dismissal. Procedure for Compliance for Performance Review Probationary Terms - The probationary term is a six month period of time in which every new employee shall demonstrate his/her ability to perform the job. Police Officers who have no previous experience in Virginia Law Enforcement and Communications Officers and Supervi- sors of the Emergency Operations Center serve a twelve month proba- tionary period, of this performance is not satisfactory, the employee may be released without further obligation. During the probationary period months, the supervisor will meet with the new employee at the end of the third and sixth month in order to provide input about the employee's progress. The probationary performance review must be of an overall satisfactory rating for an employee to become a permanent staff member. Employees who are promoted into positions in higher pay ranges may be required to serve an addition- al probationary period. If they are not successful in completing this probationary period they will be considered for any vacancies that occur in their previous classification. Each permanent employee shall receive an annual performance review by May 15 of each year unless specific reasons are given to the employee in writing for an extension. The performance review will be conducted by the department head or designee. Reviews of perfor- mance may be conducted on a more frequent basis when desirable, however, in no case will the review be held less frequently than once a year. Unsatisfactory Evaluation - A classified employee who receives an overall unsatisfactory evaluation will be reevaluated in three months in order to assess progress shown by the employee. An employee who receives two consecutive overall ratings of unsatisfac- tory may be subject to dismissal. It shall remain the responsibili- ty of the department head/designee to point out in writing specific areas of weakness and to suggest constructive ways to improve job performance. De Performance reviews will be made on forms provided bY the Human Resource Office, and a signed copy will be included in the em- ployee's personnel file. A copy will also be given to the employee. ~P-24 RECRUITMENT AND SELECTION OF PERSONNEL It shall be the policy of the Board to recruit and select the most suitable candidates for positions based upon established criteria. Recruitment and selection of personnel will be conducted in an affirma- tive manner to insure open competition and to Yield the best possible candidates for each position. The entire selection process shall be done in a consistent manner in accordance with approved procedures. It will be balanced to provide open competitive entry level opportunities as well as advancement opportunities through promotion. It is the policy of the Board to seek criminal conviction information on applicants for permanent positions prior to Human Resources to determine on a case basis whether or not a convicted offender will be employed considering the sensitive nature of the affected job, the seriousness of the offense(s) and the honesty of the applicant in completing the appli- cation form. Procedure for Compliance for Recruitment and Selection of Personnel When a vacancy occurs, the department head or designee will be responsible for forwarding a job specification to the Human Resources Office which should include the job title and specif- ic requirements for the position. 2e Department heads shall assure that all persons involved in interviewing candidates have been trained in the legal aspects of interviewing. August 4, 1993 (Regular D~y~Meeting) (Page 19) B. Recruitment 000309 The Director of Human Resources shall develop and conduct an active recruitment program designed to meet current and pro- jected manpower needs. Recruitment will be tailored to the various classes of positions to be filled and will be directed to all sources likely to yield qualified candidates. Job Announcement and Publicity - In order to attract an ade- quate number of candidates for present or anticipated vacan- cies, the Director of Human Resources will issue job announce- ments and publicize vacancies through such media as is deemed appropriate. Job notices will be clear and readable and in- clude the job title, salary range, minimum qualification re- quirements, and other pertinent information. Publicity for job vacancies shall be conducted for a sufficient amount of time to insure reasonable opportunity for persons to apply and be considered for employment. Job vacancies shall be formally announced at least ten (10) working days prior to the closing date for filing applications. In case of emergency need, exceptions to this time limit may be authorized by the Director of Human Resources. 3e Application Form - Ail applications for employment shall be made on prescribed forms. All applications must be signed and the Director of Human Resources may require proof of statements made on the applications. Rejection of Applications - The Director of Human Resources may reject any application which indicates that the applicant does not meet the minimum qualifications established for the posi- tion. Applications may also be rejected if the applicant: Has deliberately falsified his application; or Is physically, mentally, or otherwise unable to perform the duties of the position; or Has established an unsatisfactory employment record of such nature as to demonstrate unsuitability for the posi- tion. Has failed to meet the application deadline for a specific position. Whenever an application is rejected for one of the above rea- sons notice of such rejection shall be promptly mailed to the applicant, stating the reason for the rejection and his right to appeal the action. Promotions/Transfers - may be open to Albemarle County employ- ees who meet prescribed minimum requirements for the position to be advertised. All promotions that involve a vacancy or additional positions will be advertised externally and inter- nally. If a reorganization occurs within a department that does not create a vacancy, an internal posting within the department may take place. Internal vacancy announcements shall be posted within the affected department by the Director of Human Resources for a period of one week. Candidates for an internal ~ahsfe~ or'PrOmotion will notify~the Director of Human Resources of their application in writing prior to the posted deadline. In the event that an internal vacancy in- volves the transfer of an employee from one department to another, both department heads must be in agreement regarding the specific details of the transfer before the transfer is effected. 7e 8e Selection Procedure - After the closing date for applications has passed, the Director of Human Resources will review appli- cations to assure that they meet minimum requirements. Inter- views will be conducted from those candidates whose applica- tions have been screened and recommended by the Director of Human Resources. Initial interviews will be conducted at the department level. The department head will recommend the employment of a finalist to the Director of Human Resources. The department head will forward a list of those persons inter- viewed, the date, and a brief rationale for their choice of candidate. This should be in writing to the Director of Human Resources and forwarded with the files of the applicants. Successful and unsuccessful candidates will be notified. Official notification in writing by the Director of Human Resources shall be the only commitment of employment. The Personnel Action Authorization signed by the Director of Human Resources and County Executive or designee must be completed in order to place an employee on the payroll. Employees may be required to present satisfactory evidence of good health to the Human Resources Office prior to beginning their employment. August 4, 1993 (Regular Day Meeting) (Page 20) 10. 0003 10 To avoid excessive risk exposure, the insurance carrier has requested that the County securedriving records from the Department of Motor Vehicles on all persons where the em- ployee's position requires use of a County vehicle. Employees who are required to drive as a responsibility of their position must maintain insurability with the County's insurance carrier. Failure to do so may result in termination of employment. $P-25 STANDARDS OF CONDUCT The Board requires that all of its employees will conduct themselves in a manner which reflects favorably upon them as a representative of local government. To this end the Board will establish and maintain certain standards of conduct designed to: 1. establish a fair and objective process for correcting and treating unacceptable conduct 2. distinguish between less serious and more serious misconduct and provide timely corrective action The standards of conduct are intended to be illustrative but not all inclusive of the type of conduct expected of local employees. Procedures for Compliance - Standards of Conduct At a minimum the following standards are expected of all employees: 1. Timely and Regular Attendance 2. Dependable Application of Time - employees are expected to apply themselves to their assigned duties during the full schedule for which they are compensated except for reasonable time provided for such things as personal hygiene. 3. Satisfactory Work Performance 4. Appropriate attire 5. Courteous and professional behavior toward the public and fellow employees The following are examples of unacceptable conduct: 1. Unsatisfactory attendance performance or excessive tardiness. 2. Abuse of County time such as unauthorized time away from the work area. 3. Obscene or abusive language. 4. Conviction of a moving violation or failure to notify super- visor of an accident while using a County vehicle. 5. Failure to follow a supervisor's instructions, perform assigned work or comply with established County policy. 6. Leaving the work site without permission during work hours. 7. Failure to report to work without proper notification. 8. Unauthorized use or misuse of County property or records. 9. Violation of safety rules to include negligent driving of a county vehicle. 10. Falsifying any records such as, but not limited to, vouchers, reports, insurance, time records, leave records or other offi- cial records. 11. Willfully or negligently damaging or defacing records, County property, or employee property. 12. Theft or unauthorized removal of County records or property. 13. Gambling on County property or during work hours. 14. Threatening or coercing employees. 15. Indebtedness to the County. 16. Use of an employee's work time or work environment to promote a political candidate. 17. Inadequate or unsatisfactory job performance. * August 4, 1993 (Regular Day Meeting) (Page 21) "- '~ ..... 18. Acts of physical Violence or fighting on the job. * 19. Reporting to work or any work or school related activity after any consumption of alcohol or unlawful use of controlled sub- stances. * 20. Possession or use of alcohol or controlled substances, unautho- rized use of firearms, dangerous weapons or explosives on the job. * 21. Criminal convictions for acts of conduct occurring on or off the job which are plainly related to job performance or of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the County's duty to the public or its employees.* * May result in immediate dismissal. Individual departments may haVe additional standards of conduct as defined by the department head. These should be written, approved by the County Executive and shared with the department's employees. $P-26 TERMINATION OF EMPLOYMENT The Board recognizes that termination of employment can be either volun- tary or involuntarY. In all cases, the procedures used will be of a fair and consistent nature, taking into consideration the reasons for separa- tion. The Director of Human Resources shall initiate the termination report, signed by the County Executive. This form will be the only official notification to remove an employee from the payroll. Probationary employees may be released or resign during their probation- ary periods without obligation on the part of the employer or employee. Every employee who is separating from employment regardless of the length of service, their position or the circumstances of their separation will have the opportunity to participate in an exit interview. The Director of Human Resources or designee will conduct all exit interviews, normally during the employee's last work day. Department heads or designees have the responsibility of notifying the Director of Human Resources as soon as they know an employee is leaving. Procedure for Compliance for Termination of Employment Resignation is a voluntary separation from employment on the part of an employee for any reason. Normally an employee shall submit a formal letter of resignation to his/her immediate supervisor at least 14 days prior to the effective date. This will be forwarded to the Director of Human Resources for inclusion in the personnel file. Employees who wish to be paid on their final day of work must include this request in the letter of resignation and this must provide two weeks notice. Layoff: Layoff is a reduction in the work force due to budgetary re- strictions and/or reduced wOrk load. In the case of a layoff, immediate supervisors will notify affected employees as far in advance as possible. Dismissal: Dismissal is an involuntary separation from employment due to disciplinary infractions or inability to perform the work. In all such cases, it is expected that the department head or designee has thoroughly investigated the incidents leading to the dismissal, documented any action taken, and has applied discipline in a fair and consistent fash- ion. The department head or designee shall keep the Director of Human Resources informed of any disciplinary actions in progress. The County Executive or designee may place on probation and dismiss classified employees for just cause. An employee who is dismissed may appeal the decision through the approved grievance procedure, except for appointed department heads who are subject to dismissal by the Board. All salary payments will cease at the time at which the department head makes the recommendation for dismissal and accrued annual leave payments will be made. If the decision is grieved, health insurance benefits will, upon request of the employee, remain in effect during the course of the grievance procedure, however if the decision to dismiss is upheld the employee shall be responsible for the full cost of the health insurance from the date on which the dismissal took place. If the employee is reinstated, all salary and benefits will be reinstated retroactively to the date on which payments ceased. In addition, the reinstated employee shall be given the choice of repaying the annual leave payment and having the annual leave balance restored or returning to work with a zero balance and beginning to accrue leave at his/her applicable rate. August 4, 1993 (Regular Day Meeting) (Page 22) ....... $P-2 7 CONFLICT OF INTEREST In accordance with the Code of virginia section 2.1-639 the Board has established certain procedures for complying with the Conflict of Inter- est Act. Employees are expected to be familiar with State Code require- ments that are applicable to them whether or not these requirements are specifically reflected in this policy. Nepotism: No administrator or any other person in a supervisory position shall have under his or her direct supervision any employee whose rela- tionship is of the first or second degree, either by blood or marriage. In the event of a promotion which brings about the conditions thus described, the employee of lower rank shall be transferred to another position for which he or she is qualified when a vacancy occurs. Relationship of the first or second degree shall mean father, mother, brother, sister, spouse, son, daughter, aunts, uncles~ son-in-law or daughter-in-law, sister-in-law, or brother-in-law or step-family members. Acceptance of Gifts: No officer or employee of a state or local govern- ment or advisory agency shall: accept any money, loan, gift, favor, service, or opportunity that reasonable tends to influence them in the performance of their official duties. Items given to a group shall be permitted if used or consumed on the County premises and not used in contravention of the above policy° This policy is not intended to abolish the exchange of gifts between employees for birthdays, Christmas, or Retirement events, or the offering or acceptance of social invitations, providing that such exchange or invitation is understood not to influence employees in the discharge of their official duties. Annual Statement: Employees will be required to sign an annual statement regarding to whom they are related within their department. ~P-28 INDEBTEDNESS TO THE COUNTY The Director of Finance is prohibited by law from issuing County checks to anyone owing money to the County. County employees are therefore expected to pay taxes, licenses, and fees owed to the County on or before their due dates. In the event of delinquency, the Director of Finance will follow procedures of collection required in the State law, which provides for deductions from salaries and liens on estates. (Code of VA., §§ 58.1-30122 and 58.1-3952) SP-29 COUNTY VEHICLE USAGE POLICY The primary intent of providing vehicles for use by employees is to assist them in carrying out their official responsibilities during normal work hours. While on occasion a County vehicle may be needed for work required at other than normal work hours such times shall be limited and shall require the advanced approval of the County Executive. Abuses of this policy will be considered serious violations and will be dealt with through the normal disciplinary procedures. Procedure for County Vehicle Usage Policy County owned vehicles are to be furnished for use only on official county business. While using a County vehicle for official business employees may stop for meals as they would under normal working conditions. They may not however, use the County vehicle for such personal business as dropping children at child care, grocery shopping, payment of personal bills, etc. Personnel who are required to perform County business (including meetings) after regular working hours will be reimbursed for any approved use of their personal vehicle for such after hours work in accordance with rates as set forth by the annual appropriation ordinance. In special circumstances approved by the County Execu- tive, County vehicles may be used for County business performed after regular working hours. Ce Temporary Assignment: County vehicles.may be parked at an employee's residence or other prearranged location on occasions when the department head determines that the employee has need of it for county business after normal working hours, when the employee is subject to emergency calls after normal working hours, or when the department head determines for some other reason that it would be in the best interest of the county. Such temporary assignments will be approved by the County Executive/Designee or Superintendent in con- junction with the department head. D. Permanent Assignment: August 4, 1993 (Regular~D~y M~eting) (Page 23) Employees who are permanently subject to emergency after hours calls (for example-Police Department), with the approval of the department head and County Executive, may be assigned a county vehicle that can be regularly parked at his/her residence or other designated spot. A department head, with the approval of the County Executive, may determine that it is in the best interest of the county for an employee in his/her department to be allowed to regularly park his/her vehicle at his/her residence or other designated spot. County vehicles are to be operated with due regard to safety, traffic laws, courtesy, common sense, proper maintenance, and in a manner that would reflect proper conduct for a county employee. $P-30 CLASSIFIED EMPLOYEE REDUCTION IN FORCE PROCEDURE The Director of Human Resources will notify the employee(s) being affect- ed as soon as a potential reduction is known. The affected employee(s) will be notified of the potential reduction in writing and will be given the opportunity to discuss the reduction with the Director of Human Resources and department head. Such notification will take place prior to April 15 of a given year whenever possible. The Director of Human Resources will make every effort to place an affected employee in a vacant position for which he/she is qualified. In any reduction as herein above described, the performance, level of training and experience of the personnel involved compared to other members of the same position will be considered. The following process will be utilized. Initially, a list will be developed by the Director of Human Resources according to the following: The list will be developed from the most senior down to the least senior employee within certain classes. Seniority for this purpose will be defined according to length of continuous service as an employee in that class in Albemarle County. The list will be further refined to group employees according to their respective positions: Secretary, Custodian, Police Officer, etc. Once the seniority list for each of the respective groups has been developed, then the evaluations for the past three years will be reviewed by the County Executive and rank ordered. In the event that unsatisfactory evaluations or disciplinary actions have oc- curred, the County Executive may consider this in making the deci- sion on who will be affected by the lay off. Displaced employees who have more seniority will be eligible to assume positions within the same of lower pay classifications provided they hold appropriate qualifications or have had previous successful experience in the particular position. In the event that two'empl0yees with the same hirihg date, qualifications and performance record, are being considered for a reduction, the County Executive will apply the following criteria, not necessarily in this order, to determine which staff to lay off: A. Additional training; B. Written documentation of skills and abilities; Co Total experience in present position; D. Total experience in Albemarle County; E. Recommendation of administrative staff. If an individual's employment is not renewed because of reduction in force, that employee's name will be placed on a recall list for a period of two years. If the position becomes available during that period, and the employee is qualified to fill that position, the employee will be notified in writing by registered mail, sent to the last known address, at least thirty days prior to the anticipated date of reemployment. In order to be maintained on the list, the employee must notify the Director of Human Resources annually. This notice should be sent by registered mail and received not later than March 1 of each year. In determining whether an employee is qualified for reappointment, the County Executive will apply in reverse order the same criteria he/she established to determine lay off order. The employee will accept or reject the appointment in writing within fourteen days after receipt of the notification. If the appointment is accepted, the employee will receive a written confirmation within twenty days of receipt of the "'- ......... ........ 009314 August 4, 1993 (Regular Day Meeting) (Page 24) employee's reply by the County Executive. The reemployed individual shall receive a salary"equal to his termination salary and the average percentage change in salary for County classified personnel not to exceed the maximum for the position accepted. If the employee does not respond according to procedure within fourteen days after receipt of such notifi- cation, the name of the employee will be removed from the recall list. * Social Services employees are covered under the state's reduction in force policy. ~P-31 BLOOD BORNE INFECTIOUS CONDITIONS The County Executive shall determine on a case-by-case basis the atten- dance of employees known to be infected with a blood borne virus which may be transmitted by body fluids, such as the viruses causing AIDS and hepatitis B. The County Executive shall seek a recommendation from an advisory committee to assist him in making his determination. The commit- tee shall be composed of a physician from the public health department and such other individuals as deemed appropriate by the County Executive. The employee may be excluded from work pending the County Executive's decision. The privacy rights of the employee involved shall be respected. The number of personnel who are made aware of the employee's condition shall be minimized but shall not serve to jeopardize the safety of the employee or other persons within the work environment. The County Executive shall adopt regulations setting forth the procedures to be followed to effect this policy. Additionally, recognizing that there will be employees infected with such viruses who have not been identified medically, all employees shall be instructed in routine precautions which shall be followed to minimize the exposure of any person to potentially infectious body fluids. The following procedure will be utilized in determining the attendance at work of any employee known to be infected with a blood borne virus which may be transmitted by body fluids, such as the viruses causing A1DS and hepatitis B. Each such determination will be made on a case-by-case basis. This procedure will not apply to persons suffering from common childhood conditions such as measles, chicken pox, impetigo, strep throat~ scarlet fever, head lice, etc. The County Executive will establish a review committee composed of the Director of the Thomas Jefferson Health District or a public health physician designated by the Director, the em- ployee's treating physician, and the Director of HumanJResourc- es. After reviewing all pertinent information regarding the employee and consulting with the employee and such other indi- viduals as the review committee shall deem necessary~ the review committee shall make a recommendation to the County Executive regarding the employee's attendance at work. The review committee may make such further recommendations as it deems appropriate° Decisions regarding employment and working conditions of em- ployees with blood borne infectious conditions should be based upon the em~10yees' work assignments, whether they are physi- cally able to complete assigned work and whether they are likely to expose other workers to open skin lesions, mucous membranes or other body secretions. In each case, risks and benefits to both the infected employee and to others in the work place should be weighed. 3° The review committee shall confer within fourteen (14) calendar days of being established and shall make its recommendation to the County Executive as soon thereafter as practical. The County Executive will notify the employee of his decision within five (5) working days after receiving the review com- mittee's recommendation. The employee may appeal the County Executive's decision to the Board of Supervisors. The request for such appeal must be submitted to the County Executive in writing within ten (10) calendar days of the date of the County Executive's decision. Failure to request an appeal within the specified time will constitute a waiver of the right to an appeal to the Board of Supervisors. 5o The employee's status will be re-evaluated based upon a plan for periodic review which the review committee has formulated. The employees may be excluded from work for a period not to exceed twenty (20) working days pending the County Executive's decision. Sick leave benefits may be used during this ,period. If the decision is that the employee did not have to be absent from work, all sick leave benefits used during the 20 day period will be returned to the employee. Ail parties involved shall respect the individual's right to privacy. The number of personnel who are informed of the August 4, 1993 (Regular Day Meeting) (Page 25) 7e employee's condition shall be kept at the minimum needed to assure prop~'~6~°f the empl6~ee and to appropriately handle situations in which there is a potential for virus transmission (e.g., bleeding injury). If the employee is unable to return to work, application for retirement disability through the retirement system and social security will be pursued. The Director of Human Resources shall assure that a training program will be provided for all employees which will include routine precautions to be followed in minimizing exposure to potentially infectious body fluids. The County Executive shall be designated as the contact person for all inquiries related to an employee who has a blood borne infectious disease. ~P-32 HAZARD COMMUNICATIONS It is the intent of the Board and its County Executive to ensure that all employees have a right to know the health and safety information for all hazardous substances that they will use or handle in the course of their normal work. The expressed purpose of the Hazard Communication Program is to provide a safe environment for all individuals through procedures that will identify and evaluate all hazardous substances and subsequently provide information and training to all individuals that will allow the safe use of any hazardous substance. Hazard Communications Policy and Procedures Purpose - It is the intent of the Board to ensure that all employees have right to know the health and safety information for all hazardous sub- stances that they will use or handle in the course of their normal work. The expressed purpose of the Hazard Communication Program is to provide a safe environment for all individuals through procedures that will identi- fy and evaluate all hazardous substances and subsequently provide infor- mation and training to all individuals that will allow the safe use of any hazardous substance. Staff Responsibilities - The County Executive shall oversee this program and delegates responsibilities relating to this hazard communication program to the Safety Coordinator. Each department head, director and supervisor, or their designee, shall be responsible for implementation of the program in their work areas and related activities under their supervision. Questions concerning this program should be directed to the Safety Coordinator in the Office of Human Resources. Proqram Elements 1. Hazard Communication Plan Each department shall maintain an up-to-date Hazard Communi- cation Plan. The plan shall contain: a. An outline of the County's hazard communication program; b. Listing of hazardous chemicals located in various work places; c. Copy of Material Safety Data Sheets for hazardous chemi- cals; d. Copy of generic labeling information for hazardous chemi- cals where labeling is inappropriate. 2. Hazard Chemical Inventories The Hazard Communication Standard requires the establishment and maintenance of a hazardous chemical inventory for each work area in which hazardous chemicals are stored or used. Any substance which is capable of producing adverse effects on the health and safety of human beings is considered to be a hazard- ous chemical and shall be listed on the inventory. All chemi- cal products produced or used in Albemarle County which have health or safety warnings on their labels shall be included on the inventory. It shall be the responsibility of the director (or designee) of an office to ensure that all hazardous chemicals in facilities under his or her supervision be inventoried by work location and that copies of the inventories be sent to the Human Re- sources Office. The hazardous chemical inventories shall be updated annually by May 1 of each year. Computerized inventories shall be sent from the Office of Human Resources to all work locations using or storing hazardous chemicals. Additions, deletions~ and corrections to the inventory shall be made directly on the August 4, 1993 (Regular Day Meeting) (Page 26) supplied comPu~*p~in~out. ~The updated inventory shall be returned to the Office of Human Resources by the date stipulat- ed. Updated inventory lists and applicable MSDSs will be provided for each work site to be placed in the MSDS book. 3. Product Labels At each work location, the person responsible for receiving materials shall verify that all incoming containers of chemi- cals or chemical substances are properly labeled by the manu- facturer with the following information: Se Name of chemical/chemical substance; Appropriate hazard warning; Name and address of manufacturer, vendors, or responsible party. No hazardous chemical will be released for use until the con- tainer has been checked for the above information. Product containers with incomplete labels shall be refused and returned to the vendor. Original labels will not be removed from any container received for use; and if materials are repackaged, the new containers will be labeled with content information. Secondary containers are to be labeled with either an extra copy of the original manufacturer's label or a facsimile which clearly indicates the chemical name and the appropriate hazard warning. The only container not requiring a label shall be when the entire transferred chemical/chemical substance is to be used immediately by the preparer. If any label becomes illegible through use or spillage, a label must be added with the information required in subsection a, b, and c above. Material Safety Data Sheets A Material Safety Data Sheet (MSDS) is a technical bulletin detailing health and safety information about hazardous chemi- cals. An MSDS tells employees about the hazards of chemicals used in their work locations and the safety precautions that should be taken when handling them. Data sheets for all haz- ardous chemicals to which Albemarle County and copies of appli- cable MSDS's shall be available at each work location in the notebook entitled Material Safety Data Sheets. The Safety Coordinator shall be responsible for obtaining MSDS sheets, verifying their completeness and distributing MSDS notebooks to work locations. The director (or designee) of an office shall be responsible for ensuring that the appropriate MSDS notebook is available to employees in work areas where hazardous chemicals are used or stored° Employees can find a list of all hazardous chemicals used or stored at their work locations in the MSDS notebook. Employees Who are unable to find the notebook Should contact the Safety Coordinator for assistance. Before a new chemical is introduced to a work location, an MSDS shall be made available for review by the affected employee. When hazardous chemicals are ordered it shall be specified on the purchase order that the chemicals are not to be shipped without corresponding material safety data sheets. Any MSDS received that has not been verified by the Safety Coordinator will be forwarded to the Human Resources Office. a. Obtaining Material Safety Data Sheets 1) If there is a substance for which there is no MSDS available in the MSDS notebook, or if a supervisor is uncertain whether a material is hazardous, the Safety Coordinator shall be notified. The following informa- tion should be given: a) complete chemical/product name; b) manufacturer name; c) manufacturer's complete address; d) manufacture's phone (if available). 2) A representative of the Office of Human Resources will contact the manufacturer/distributor requesting a MSDS for that chemical/product. 3) If the distributor does not respond within approxi- mately 21 days, a follow-up letter will be sent. 0003 L7 AugUst 4, 1993 (Regular Day Meeting) (Page 27) 4) In~~&~{'~ha~'h6~'~D's is sent bY the distribUtOr after repeated requests, purchasing will be requested to stop all Purchases from the distributor; and, if appropriate, the Safety Coordinator will contact a Virginia Occupational Safety and Health (VOSHA) repre- sentative for further action. b. Information The MSDS must provide information on: 1) physical and chemical characteristics of each hazard- ous chemical; 2) known acute or chronic health effects; 3) exposure limits; 4) whether the chemical is considered to be a carcinogen; 5) precautionary measures; 6) emergency and first aid procedures; and 7) the identity of the organization which prepared the MSDS. 5. Hazardous Non-Routine Tasks Periodically, employees are required to perform hazardous non- routine tasks. Prior to starting work on such projects, each affected employee will be given information by their supervisor about the hazardous substances to which they may be exposed during that activity. Each department will maintain a list of nonroutine tasks and provide a copy to the Safety Coordinator. Information given to the employees should include: ao specific physical/chemical hazards; protective and/or safety measures the employees can take; and measures the County has taken to reduce the hazards in- cluding ventilation, personal protective equipment, admin- istrative controls, and posted emergency procedures. If the supervisor/department manager or any employee has a question concerning hazardous materials they may encounter in a non-routine task, they should contact the Safety Coordinator for assistance in assessing the problem. Unlabeled Pipes Occasions arise when employees must repair plumbing and pipes. No employee is to repair or replace any unlabeled pipe until the contents of the pipe are determined and precautionary steps relating to the hazardous chemical can be implemented. This does not apply to water pipes as long as no other safety haz- ards are apparent (such as hot water/steam or electricity). Notification of Contractors It shall be the responsibility of the appropriate supervi- sor to provide contractors under his or her supervision with the following information in writing, prior to the starting of work: 1) 2) Hazardous chemicals to which employees of the contrac- tor may be exposed while on the job site; Precautions that they can take to lessen the possibil- ity of chemical exposure. be Construction contracts shall include a requirement for contractors to provide Albemarle County with information on hazardous materials they will use. Prior to the start of construction, the contractor should furnish the appro- priate department head a list of chemicals that may be brought onto the job site. If an additional chemical, not on the initial list, is brought onto the job site, depart- ment head shall be given prior notification. When re- quested, the contractor shall furnish MSD$'s for any chem- icals to be brought onto the job site. This information must also be provided to the Safety Coordinator. Employee Training ae New employee orientation: Prior to starting work, each Albemarle County employee assigned to an area where haz- ardous chemicals are used shall receive a health and safe- ty orientation. During the orientation, the employee shall receive information and training as follows: 1) 2) 3) An overview of the requirements contained in the Hazard Communication Standard; Location and availability of the Albemarle County written Hazard Communications Program; Types of chemicals present in the work place; August 4, 1993 (Regular Day Meeting) ( Page 2 8 ) -~.,~.? ~.,~,..~..~. ;,;. 000;]18 4) 5) 6) 7) 8) 9) Physical and health effects of the hazardous chemi- cals; Methods and observational techniques used to determine the presence of hazardous chemicals in the work area; Control/work practices and personal protective equip- ment used to lessen or prevent exposure to hazardous chemicals; Steps Albemarle County has taken to lessen or prevent exposure to hazardous chemicals; General safety emergency procedures to follow if employees are exposed to hazardous chemicals; Instruction in how to read labels and review Material Safety Data Sheets to obtain appropriate hazard infor- mation. Employee Specific Chemical Safety Training: Department heads, supervisors, or their designee, will implement a training program with emphasis on hazardous materials found in their specific work place. The employee shall receive information and training on: 1) 2) 3) 4) 5) 6) 7) 8) 9) ~0) Chemicals present in the work place operation Container labeling Health hazards Reduction in exposure through control/work practices and personal protective equipment Chemical storage and waste management Physical/chemical characteristics Reactivity data Fire/explosion hazards Observation techniques and methods used to determine the presence or release of hazardous chemicals/vapors in the work area Emergency procedures in event of exposure and/or spill Each department head, or director is responsible to insure that all of their personnel attend this program and to maintain accurate attendance records. After attending the general orientation training class, each employee will sign a form to verify that he/she at- tended the training and received written materials relat- ing to the regulation on Hazard Communication. The form will be forwarded to the Safety Coordinator for review and placement in the person's personnel file. Prior to a new hazardous chemical being introduced into any section of Albemarle County, each employee of that section will be given information as outlined in paragraph 8.b. above. ~P-33 OUTSIDE EMPLOYMENT BY COUNTY EMPLOYEES The State Conflict of Interest Act requires that no employee of a State or local government advisory agency shall accept any business~ profes- sional, or employment opportunity that reasonably tends to influence him in the performance of his official duties. To facilitate the County's compliance with this regulation, County employees are required to make known to their department heads any employment that is other than with Albemarle County and to receive the department head's approval to engage in such employment. Albemarle County Board members are exempt from the provisions of this policy. $P-34 HARASSMENT Ail employees of Albemarle County shall be tactful in their relationships with their peers and the public and shall treat them with respect and courtesy. Violent, profane, insolent or suggestive language or gestures, or language which is intended to demean a person because of their race, sex or religious affiliation, shall not be expressed. Any instances of verbal or physical harassment will be dealt withthrough appropriate disciplinary action. Instances of physical or verbal harassment will be treated as a major offense which could result in termination. Complaints may be initiate through the usual chain of command or may be reported directly to the County Executive/designee. ~P-35 STAFF HEALTH As a condition of employment every new employee of the board and volun- teer, aide, shall submit, on the prescribed form, a signed certificate by a licensed physician, stating the employee appears free of communicable tuberculosis. The certificate will be based on recorded results of those x-rays, skin tests, and other examinations, singly or in combination, August 4, 1993 (Regular Day Meeting) OO0~19 (Page 29) considered necessary by the physician. The x-rays, tests, and/or other examinations must have been performed within the 12 month period immedi- ately preceding submission of the certificate. Any employee who begins duty without having complied with this requirement will have violated the terms of employment and is not entitled to compensation. Any new volun- teer, aide, or employee who begins his/her duties without having complied with this requirement shall be removed from that assignment until the requirement is fulfilled. (A new employee is designated as someone hired for the first time or rehired after a one year absence.) The board may from time to time require a tuberculosis re-screening of all employees. Legal Refs.: Code of Virginia, 1950, as amended, ~ 22.1-300, 22.1-301. Cross Refs.: EACA, Bus Driver Examination and Training Employee Assistance Program Most human health problems can be successfully treated, provided they are identified in the early stages and referred to an appropriate type of care. The cause of these problems may stem from substance abuse or emotional or family concerns. The purpose of the Employee Assistance Program (EAP) is to offer a method for identification and referral so that division employees and their families can take constructive action in dealing with personal problems. General Guidelines Program participation is voluntary and confidential. The employee may enter the program through self-referral or super- visory referral. In either case, all matters will be conducted on a strictly confidential and humane basis. Exceptions to this would be cases of suspected adult or child abuse, which must be reported to appropriate authorities in accordance with Virginia State Statutes and established division procedures, and other unprofessional or inappropriate conduct involving students. 20 Employees who have a problem are encouraged to seek counseling and information on a voluntary basis by contacting the desig- nated EAP counselor. No documentation regarding the employee's participation in the EAP program will become part of the employee's personnel file, and at no time shall the division discriminate against any employee in terms of job security or promotional considerations as a result of that employee participating or not participating in this program. At employee request, sick leave may be granted for treatment or rehabilitation on the same basis as is granted for ordinary health problems. If there are costs incurred as a result of a program referral that exceed those covered by the employee's insurance benefits, these additional costs will be the responsibility of the em- ployee. It shall be within the employee's discretion whether or not to comply with the referral or whether or not to follow the recom- mendations of the diagnostician or counseling agent. Supervisory Referrals Employees are assured that if there is an indication that personal problems may be the cause of unsatisfactory job per- formance~ the employee will receive an offer of assistance to help resolve such problems in an effective and confidential manner. In these cases, the supervisor will discuss the prob- lem privately with the employee. Supervisors will not diagnose personal problems or try to find causes. The employee will be referred through the EAP counsel- or to a qualified source. The EAP counselor will notify the supervisor, in cases of supervisory referral, that the referent did/did not need and/or accept referral to appropriate care-giving agencies and pro- grams. Simultaneously, the referent will also be notified that hiS/her supervisor knows of the employee's reporting or non- reporting to a care-giving agency. Job performance standards are not being changed. The only change is the offer of a new service designed to help get employees back to an acceptable standard, and thus save valued people and jobs. August 4, 1993 (Regular Day Meeting) (Page 30) ~P-36 ASSIGNMENT AND TRANSFER O00a O Ao Assiqnment - The County Executive shall assign all employees to positions in the local government. Bo Transfer - The County Executive shall have authority to transfer personnel within the local government when such transfers will serve the best interests of the division and the personnel involved. The reasons for transfer shall be reasonable and shall be fully ex- plained to personnel involved. C° Reorqanization - The County Executive shall have the authority to reorganize the delivery of services within the local government subject to the concurrence of the Board of Supervisors. If such a reorganization affects an employee in that his/her position is changed or eliminated, applicable policies such as those relating to reclassification or reduction in force will apply. Legal Ref.: Code of Virginia, 1950, as amended, ~ 22.1-297 ~P-40 COURSE REIMBURSEMENT - CLASSIFIED EMPLOYEES While the primary purpose of staff development funds is to provide training to groups of County employees on an internal basis, the need to take job related courses on an individual basis is also recognized. When individual course work is taken, the following criteria shall apply relative to reimbursement: The content of the course is not something that would be cov- ered under the County's staff development program The course is relevant to the individual's current position in the county and will improve skill in this position The course is approved in advance by the principal or depart- ment head and Director of Human Resources 4. The course is taken outside of the normal working hours Requests for course reimbursement should be made to the Director of Human Resources prior to the semester in which the course is to be taken. Only one course per semester will be approved for an individual with addition- al courses per year being approved only as funds are available up to a maximum of $100 per fiscal year. Upon receiving proof of a passing grade, reimbursement will be made for the tuition cost for up to a maximum of three credits. This policy is not meant to fund general education requirements leading toward a degree. $P-41 ADVANCED STUDY The Board encourages its professional staff to pursue advanced degree programs which serve to improve the skills of the staff members and enhance their emplbyment with Albemarle County.~ To this end, the Board has established consistent procedures to assure the appropriateness of the course of study to the particular position and the amount of release time and payment involved in the achievement of the degree. Procedure for Compliance for Advanced Study Approval of Proqrams - Staff members whose positions require a minimum of a bachelor degree and who intend to pursue an advanced degree program (masters level and above) should make an appointment to review this program with the Director of Human Resources. Approval for the program will be based on the following: Relevancy of the program to present position Benefit to the County in meeting future staffing needs Recommendation of the Department Head The Director of Human Resources will either approve or disapprove of the proposed study in writing, indicating the reasons for the decision. If the proposed program of study is disapproved, it will not lead toward payment of a stipend for advanced degrees. Appeals of these decisions may be made in writing to the County Executive whose decision will be considered final. Bo Release Time for Study - Employees may take course work during their regular working hours within the following conditions: A written request for release time must be submitted to the County Executive outlining the number of courses to be taken, the amount of time being requested, and the specific schedule of work/study to be followed during the particular semester. August 4, 1993 (Regular Day Meeting) (Page 31) 2. The salary of the individual being released will be affected as follows: 3 credit hours - 10 percent reduction or a plan agreed to with the County Executive/Designee or compensatory time 6 credit hours - 20 percent reduction 9 credit hours - 30 percent reduction In no event will the amount of release time be approved in excess of nine semester hours. Employees needing more time for study should explore the possibility of a sabbatical leave or leave without pay. Only two such proposals for release time may be approved for any particular semester during the school year. Applications should be submitted in accordance with the follow- ing: By October 15 for release during the Spring semester By April for release during the Summer months By July 15 for release during the Fall months Decisions on release time will be made with consideration for the ability of the department to function without the person who will be on release time. Advanced Deqree Stipends - Staff who anticipate completion of an approved advanced degree should notify the Director of Human Re- sources by March 15 of the year preceding the year in which the degree is to be conferred. In order to receive payment, a copy of the official transcript awarding the degree must be sent to the Director of Human Resources. Stipends will be available for the following approved courses of study: Masters Degree Master + 30 (Defined as 30 graduate hours beyond the masters) Doctorate Stipends will be paid in the amount of $1000 per advanced degree. ~P-42 STAFF REPRESENTATION ON COMMITTEES AND TASK FORCES The following responsibilities shall be assumed by individuals who chair or represent others on committees and task forces: 1. Responsibilities of Chairmen Chairmen should assure that the parameters of the decision making for the committee or task force are clearly out- lined to include the specific charge to the committee or task force. The charge should be set by the Board or County Executive/designee° This information should also include whether the group is: 1) 2) 3) is advisory and, if so, to whom; has any limits on the scope of its decision making i.e. budget or other delimiting factors; is ad hoc or a standing committee/task force (if standing, the length of service on the committee should be explained.) Chairmen should assume responsibilities for: recording and disseminating minutes of each meeting: Min- utes should include the date and time of meetings, who was present/not present, and any major actions taken/decisions made at the meeting. be keeping the County Executive/designee apprised of the progress of the committee. The County Executive/designee shall make the decision as to whether the committee/task force recommendations require School Board action and also when progress reports should be made to the Board. Ce apprising the County Executive/designee of any members who do not regularly attend meetings. de seeking/providing information to members about the charge to the committee/task force. Responsibilities of Committee/Task Force Members: a. regular attendance at and participation in meetings August 4, 1993 (Regular Day Meeting) (Page 32) 0003 b. regularly apprising the group that they represent about the progress of the committee/task force c. seeking opinions of constituents about the work of the committee/task force d. voicing opinions while the committee/task force work is progressing e. supporting the work of the committee/task force after the work is completed f. apprising the chairman if they will be unable to attend meetings or continue to represent their constituency. Through the above procedures it is anticipated that various groups will participate and be represented in the work of the County. $P-60 SALARY ADMINISTRATION AND POSITION CLASSIFICATION The Pay Plan adopted by the Board will be directly linked to the Classi- fication Plan and will be based on the principle of equal pay for equal work. The Board will maintain a salary administration program which will provide for payment of salaries and for recognition of and reward for differences in individual ability and performance. Procedure for Salary Administration and Position Classification Class specifications are written descriptions of each position which include general statements of the duties, responsibilities and qualifications necessary for that position. A class specification will be developed for each position and will be reviewed on an annual basis by the department head or designee to assure that it is an accurate reflection of that position. Like classifications will be grouped in terms of common elements such as: Knowledge and training required. Difficulty and complexity of duties. Responsibility for supervision. This grouping will be determined by a system of point values arrived upon in the analysis of each job. It is the responsibility of the department head/desiqnee to maintain equitable and properly evaluated positions within his/her depart- ment. Newly created positions or major changes in the functions or responsibilities of an existing position shall be reported to the Director of Human Resources in order to initiate an evaluation study to establish a new position or reclassify an existing position. Ail job evaluation ratinqs must be approved prior to placement on a salary range. Administrative recommendations must be jointly approved by the County Executive and Superintendent. All other recommendations must be jointly approved by the Assistant Superin- tendent/Designee and Deputy County Executive. Salary ranqes consisting of a minimum and maximum salary will be established for each class of positions based upon information about similar positions in the community and, where appropriate, compared with similar positions within the state as well as the policies of the Board. The Director of Human Resources will ensure that the plan is kept current through periodic reviews and comparative studies of perti- nent factors affecting levels of pay. Entrance Pay Rate - The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. Under no circumstances will an employee receive an entrance pay rate below the minimum rate prescribed for the class to which he is placed unless he is on probationary status. In no case will this exceed 10 percent less than the minimum. When a prospective employee has relevant experience that would warrant placement above the A step, the following will be used as a guide for this placement: A = 0 - 6 Months B = 6 Months - 1 Year C = Over i Year and up to 3 Years D = Over 3 years and up to 5 years E = Over 5 years Pay Rate Adjustment - The following personnel actions shall affect the pay status of an employee in the manner described August 4, 1993 (Regular Day Meeting) (Page 33) .~.~.~.: 0003 3 Promotion ~ When an employee is promoted from one class t© another having a higher pay rate 'and additional responsibili- ties, the employee shall receive an increase of at least ten percent or that step A-E which would be granted to a newly hired employee. Promotions can only occur if: There is a vacancy in the higher pay range, or If additional positions in the higher class are approved in the budget cycle for implementation in the next fiscal year. Se Demotion - When an employee is demoted from one class to anoth- er having a lower pay range, the employee shall be placed within the lower range, providing at least a ten percent reduc- tion in pay. When an employee is demoted for administrative purposes through no fault of the employee, his/her pay shall remain the same until the range has been adjusted to accommo- date an adjustment in rate° 30 Reclassification - When an employee is reclassified from one range into another higher range, the employee will move ahead on the new scale to a level equivalent to the step at which they were previously placed in their former range. This is to prevent the compression at the beginning of the scale of senior employees whose positions are reclassified upward. 4e Completion of probationary period - Upon successful completion of their probatiOnary period, emPlOyees will vest one step (2 1/2 percent) on the pay scale. Se Shift differential - When an employee is assigned to work eve- ning/midnight shifts, a pay differential Will be paid as fol- lows: Evening (4:00 p.m. - 12:00 a.m.) - Four percent of base salary for the position Midnight (12:00 a.m. - 8:00 a.m.) - Five percent of base salary for the position Employees must be permanently assigned to a shift to be eligi- ble for the differential. If an employee works a shift that encompasses both daylight, evening or midnight shifts the differential will be paid based on the majority of hours worked in the respective shift° Temporary work in a hiqher classification - Ail permanent employees who are assigned temporary work in a higher capacity Shall be paid the minimum rate of the higher classification (but no less than two steps above their regular rate) for those hours of such assignment which exceed 80 consecutive hours. These temporary assignments with higher pay may be made only in situations when the work requires the designation of an employee in the higher classification by the department head or County Executive and are not intended to be made for casual assignments of superviso- ry or administrative responsibility. ~ P-61 ~ P-62 OVERTIME/COMPENSATORY TIME POLICY Compensatory time is defined as leave time granted in lieu of compensa- tion for time worked over and above the regular work schedule. It is understood that such additional time is worked at the direction of the department head or designee. The Fair Labor Standards Act establishes a means by which overtime/compensatory time is administered. The County Executive will approve a listing of positions that shall be considered exempt from the Fair Labor Standards Act. This list will be housed in the Human Resources Office and will be updated as necessary. All Other positions will be considered as covered under the Fair Labor Standards Act and shall have overtime hours administered as follows: Compensatory time will accrue for all hours worked over the normal 7 day work week period (28 days for law enforcement). The County Executive has established the official work week as extending from Saturday at 12:01 a.m. to Friday at 12 midnight. Changes to this established schedule may be determined by departments heads to meet the needs of the department provided that the revised schedule is provided in writing to the employ- ees and a copy is on file in Human Resources. Hours that are paid, but not worked (i.e. annual leave, sick leaVe, holidays, etc.) count only as straight time toward the base 40 hours requirement. This provision does not apply to hours worked as contractual/reimbursable overtime. (Page 34) 3. Compensatory time meeting the above criteria will accrue at time and one half for each extra hour worked. 4e Compensatory time may accrue up to a maximum of 240 hours for all employees covered under the Fair Labor Standards Act other than law enforcement; law enforcement officers shall accrue up to a maximum of 480 hours° Employees shall be given the choice of receiving payment or compensatory time for overtime hours worked. For contractu- al/reimbursable overtime, i.e. that time reimbursed to the County by outside agencies, only monetary payments will be made. Department heads have the responsibility of assuring that compensatory time shall be used within one year after it has been earned. Upon termination, employees covered by the Fair Labor Standards Act shall be paid for unused compensatory time; likewise hours accumulated over the established maximum will be compensated for monetarily. Employees who are transferring to another department or who are promoted from a nonexempt into an exempt position shall, prior to assuming the new position, reach an agreement with their department head to either take their accumulated compensatory time off or be paid for the balance. n either case their compensatory time balance must be zero when the new position is assumed. Travel time: When employees are required to attend meetings or conferences that occur outside of the county and which require travel time, compensatory time/overtime shall accrue for hours involved in the actual travel and training/meeting. Department heads/principals are responsible for documenting such time. 9e Lunch Time: When nonexempt employees are required by their supervisors to work through the lunch period, such time must be considered as part of the paid work time for that day. Employees who are declared exempt from the Fair Labor Standards Act shall not accrue compensatory time nor will they be eligible for payment for hours worked over the regular work week. This does not, however, pre- clude department heads using their discretion in .granting time off to exempt employees in recognition of time worked beyond normal work sched- ules. Department heads/designees are encouraged to manage compensatory whenever possible within the official 7 day work week, (28 days for Law Enforce- ment) i.e. if an employee works more than 8 hours one day, have them take off the extra time that week. When this is not feasible, department heads/designees may mandate when the compensatory time shall be utilized as long as it is within the reasonable time period designated by the County, i.e. one year from when it was accumulated. Department heads/designees may require that employees work overtime to meet the needs of the department. Whenever possible, notice of this requirement will be~provided in advance so that the employees can arrange their personal schedules. child Protective Service - Child protective service workers serving on- call are entitled to compensation as approved by the County Board of Social Services; described as follows: For all workers covering on-call responsibilities, one hour of compensatory time will be given for each eight hour shift of stand-by-duty° 2° When a worker is actually called out to provide direct door-to- door service for more than two hours in any eight hour shift, he or she will be compensated at one and one-half hours for each hour spent in the field. 3e No worker shall receive both standTby and door-to-door compen- sation in any one eight hour shift. ~P - 63 VOLUNTARY EARLY RETIREMENT INCENTIVE PLAN ae Eliqibilit¥ - Participants in the Albemarle County VERIP must meet the following requirements: Be eligible for early or full retirement under the provisions of the Virginia Supplemental Retirement System (VSRS). 2° Have been employed by Albemarle County for 10 of the last 13 years prior to retirement, be at least 55 years of age and currently employed. August 4, 1993 (Regular DayMeetihg) (Page 35) Employees retiring under the disability provisions of VSRS and/or Socia~SecUritY shall ~0tlbe eligible for the VERIP. Benefits VERIP benefits shall be paid monthly for a period of five years after retirement or until age 65, whichever comes first. Benefits under VER1P will be calculated as follows: at Compute the annual VSRS benefit under plan A or B as indi- cated by ~SRS. This computation shall include any reduc- tions for early VSRS retirement if appropriate. be Recompute the annual VSRS benefit with the addition of five more years service or the number of additional years- needed to reach age 65, whichever is the lesser. Ce The difference between these two calculations shall be the annual VERIP benefit to be paid on a monthly basis. 3e 4e The County Executive will recommend to the board an annual adjustment to the early retirement benefit after having been apprised of the VSRS adjustment for retirees. By July 30 of each year, the Board will pay the employee the amount of the Board's annual contribution toward an employee's health insurance as long as the employee is covered by VERIP benefits. If the retiree returns to work in a part-time position with Albemarle County and chooses to participate in the County's health care program while receiving VERIP benefits, there will be no additional Board contribution toward the individual's health insurance. Ce Se VERIP stipends will continue if the retiree returns to work in a part-time position With Albemarle County. Application - Applications for VERIP must be made to the County Executive prior to December 1st of the year preceding the fiscal year the VERIP takes effect. Approval - The Board, on the recommendation of the County Executive, must approve all those who will Participate in the VERIP. E. Duration Once an employee has been approved for VER1P, the benefits will continue without interruption as outlined in this policy. Subsequent alterations or deletion of this policy shall not affect the benefits of those who have retired under these provisions. This policy automatically continues on May 1 unless the Boards acts to discontinue the policy for the year. ~P-64 RETIREMENT PAY/PAYMENT UPON DEATH In recognition of employee service to Albemarle County, employees who are eligible to retire under the Virginia Supplemental Retirement System shall be paid upon their retirement $200 per year for each year of continuous service to the County up to a maximum payment for 25 years of service° Payment to Spouse/Estate The surviving spouse or the estate of an active employee who dies shall receive payment for the former employee's years of service at the rate of $200 per year for each year of continuous permanent employment. ~P-80 ABSENCES The Board shall endeavor to keep attendance of employees at a maximum and absences at a minimum. The Board recognizes that absences are unavoid- able and inevitable and, therefore, allows certain absences and absence payments. The Board will establish policies which are meant to maintain the highest possible efficiency. Allowance will be made to permit bona fide absences, and prevent employees who have been ill from becoming a hazard to other employees by returning to work too soon. It will remain the right of the department head/designee and the County Executive or designee to: ~ugust 4, 1993 (Regular Day Meeting) (Page 36) 1. Authorize, or refuse to authorize in exceptional cases, the advance request of an employee for permission to be absent. 4e Investigate absences. Deny leave payment for absences in violation of any Board policy. Impose reasonable disciplinary penalties upon employees who have abused their leave privileges and who violate the provi- sions of the "Responsibilities of Employees" section of this policy. Be Responsibilities of Employees Every employee' of the County has the following obligations and responsibilities concerning absence. Request for Leave - When the need for being absent from work is known in advance, the employee must notify his/her immediate supervisor as far in advance as possible on the Leave Request form provided by the Office of Human Resources. Se Notice of Unexpected Absence - When an employee who has not given advance notice finds that he cannot report to work, the employee must notify his/her supervisor prior to starting time or within 30 minutes of the regular starting time. Police Department and Joint Dispatch Center employees are governed under a separate departmental procedure. Upon returning to work the employee must complete a Leave Request form as a record of absence. Failure to Give Notice - Failure to give the notice required shall constitute cause for a reasonable disciplinary penalty including cause for denial of absence pay allowance. Unless an absence has been authorized in advance or an absence in un- avoidable, every employee shall be expected for his scheduled work. Employees Returning to Work After Illness When an employee returns to work after absence due to illness, the employee may be requested to submit a physician's release certifying proof of illness and/or that he/she is well enough to return to work. This requirement may be met through a referral by the depart- ment head to the County physician or the employee's physician. In such instances the employee will be advised of the requirement prior to the employee returning to work. Absences for urgent personal business or bereavement or illness will be granted at the discretion of the immediate supervisor and in compliance with Board policy. The Board recognizes the duty of every citizen to serve on a jury when requested and will allow payment for the daily rate of pay for each day of jury service. Employees are expected to give notice of jury duty and to report to work when jury is not in session. Subpoenas to court will be handled in the same manner as jury duty. Worker's compensation will be paid in accordance with law, i.e. at two-thirds salary after the first seven calendar consecutive days from the date of injury. These days must be covered by the em- ployee's own leave. In the event that an employee has no leave to cover the first seven calendar days, sick leave will be advanced and paid back to the County as it is accrued. The Board will, however~ pay the additional one-third of a day with no charge to the employe- e's sick leave for one year from the date of incident assuming the claim is compensable under worker's compensation. If the claim is deemed not compensable, the employee will reimburse the Board for the one-third of a day (i.e. through leave or leave without pay.) Military leave of absence will be granted by the Board in accordance with existing state and federal statutes. Breaks: There is no formal break time provided by Albemarle County however reasonable time shall be provided for personal care and refreshments during the working day. Lunch Time: A lunch period shall be provided to each employee and, unless prior approval is received, employees may not forego the lunch period in order to shorten the work day. August 4, 1993 (Regular Day Meeting) 000327 (Page 37) ~P-81 HOLIDAYS All permanent employees are allowed eleven paid holidays per year. 1. New Year's Day - January 1 2. Lee-Jackson-King Day - Third Monday in January 3. President's Day (Washington's Birthday) - Third Monday in February 4. Jefferson's Birthday - April 13 5. Memorial Day - Last Monday in May 6. Independence Day - July 4 7. Labor Day - First Monday in September 8. Thanksgiving Day - Fourth Thursday in November 9. Friday after Thanksgiving 10. Christmas Eve - December 24 11. Christmas Day - December 25 Other holidays are granted by special proclamation of the Governor and/or Board of Supervisors. Permanent employees are eligible for holidays with pay as soon as they begin work. If a holiday falls on a Sunday, the following day will be observed as a holiday. If a holiday falls on a Saturday, the previous day will be observed as a holiday. If a holiday falls within the employee's vacation, it is not charged to that em- ployee's annual leave. Holiday Pay: Employees who are terminating employment with the County will not qualify for holiday pay unless they work the next working day after the holiday. Note: The above-noted holidays, while being followed by the majority of employees, are not guaranteed as to specific dates. Under some situations, due to coverage requirements, the holidays for an individual employee or group of employees may be scheduled by the department head on alternate dates as long as the total number of holidays per fiscal year is granted to the employee. SP- 82 UNPAID LEAVE OF ABSENCE The Board recognizes the fact that members of its staff may need to request leaves of absence from their regular employment. Such leaves of absence will be unpaid. The County Executive will give consideration to all requests for leave in a fair and consistent manner. The County Executive will, however, make decisions on granting or denying leave of absence requests based on the best interests of the County. Criteria for Leave of Absence A. Leave shall be granted by the County Executive for no more than one year; B. Employee requesting leave shall return to a comparable position from which leave has been granted; C. No fringe benefits shall be provided during the time for which leave is granted; however, the rate of annual leave, received at the time of the leave of absence shall be maintained once employment with the County has been resumed. D. All annual leave shall be utilized prior to the leave of absence taking effect. The following procedure is intended to be utilized for leave requests not covered by other Board policies. A. Leave of absence requests must be in writing and state the appropri- ate reasons for the leave, length of time requested, and inclusive dates. The request will be directed to the employee's immediate supervisor. B. After discussing the leave request with his/her immediate supervi- sor, that supervisor will develop recommendations regarding the leave addressing such matters as the implication of the leave on the department, filling the position on a substitute basis, etc. The immediate supervisor will then forward these materials, along with the employee's written request form, to the department head. C. The department head will forward the request to the Director of Human Resources and County Executive or designee along with his/her recommendation concerning the request. D. The Human Resources Director will meet the employee to discuss fringe benefits and other matters which may be affected by the leave of absence. The Human Resources Director will review the request with the department head and develop a recommendation for the County Executive or Designee. August 4, 1993 (Regular Day Meeting) 000228 (Page 38) E. The County Executive's decision wilI be made and considered final after having reviewed all recommendations concerning the leave request. $P-83 MILITARY LEAVE Ail employees of the Board who are members of the organized reserve force of any of the armed services of the United States or of the National Guard shall be entitled to leaves of absence for their respective duties without loss of seniority, accrued leave or efficiency rating on all days when they are engaged in annual active duty or training or when called forth by the Governor of Virginia pursuant to the provisions of Section 44-75 of the Code of Virginia. There shall be no loss of pay during these leaves of absence, not to exceed fifteen (15) days per federal fiscal year, October-September). After 15 days, the employee will be placed on an unpaid leave of absence. When relieved of this duty, the employees shall be restored to positions they held when ordered to duty or to a similar position within the local government. Payments received for National Guard or Reserves duty beyond the 15 days must be reimbursed to the County when such payments are received while being paid for County employment unless the person is on bona fide annual leave or leave without pay. Employees are requested to attempt to make arrangements for reserve duty at times other than when school is in session. Requests for additional duty, over and above the required duty, will be considered by department heads on the same manner as any other requests for leave° All fringe benefits to which these employees were entitled prior to military leave shall be restored to include the rate of annual leave accumulation and seniority. In cases of a presidential call up (not to exceed 90 days) for military reservists, employees who are in the reserves will have the option of remaining on the county payroll and reimbursing the county all military pay received or, after 15 days, going into an unpaid leave of absence from the county. It is the responsibility of the employee to make this decision and inform the office of Human Resources in writing of the option chosen. Legal Ref.: Code of Virginia, ~ 44-75, calling out militia when execution of laws obstructed or in event of disaster. Code of Virginia, ~44-93, leave of absence for state, city, county and town employees. ~P-84 VACATION LEAVE Ail permanent employees of the County shall be granted vacation leave by the County as follows: ae One day per month for each month employed during the first five years of continuous employment. One and one-quarter days for each month employed during the sixth through the tenth years of continuous employment. Ce One and one-half days for each month employed during the eleventh through the fifteenth years of continuous service. One and three-quarter days for each month employed during the sixteenth and succeeding years of continuous employment° The maximum accumulation for annual leave is 40 days. Accumulated paid vacation will be paid to the employee upon termination of employment. Employees are required to arrange use of paid vacation in advance with their department head or designee. In case of a conflict because of the work schedule in a particular department, leave will be granted at the discretion of the department head or designee. In the interest of fostering wellness and relaxation for County employees, those employees with five or more years of service must take at least five days of vacation leave per fiscal year. ~P-85 SICK LEAVE/ACCEPTABLE ATTENDANCE Albemarle County recognizes that its employees may need time away from their positions to remain at home due to personal illness, illness or death in their immediate families. The immediate family is defined as the employee's or spouse's children, parents, siblings and grandparents, which require their presence. In such instances, it is the County's desire to provide a program of paid leave to cover such circumstances. It is also necessary, however, for employees to realize that absenteeism problems hinder the efficient operation of a County department and its August 4, 1993 (Regular Day Meeting) (Page 39) 000329 delivery of services to the public. Therefore, an attendance criteria is established which emphasizes that: The primary purpose Of sick leave is to provide for paid time in the event of long term illnesses. Employees must accumulate sufficient balances to cover this possibility. Sporadic absenteeism, i.e., time lost that is not due to long term illness, must be limited in order to maintain efficient operations. Satisfactory attendance is a minimum expectation for all County employees. 4o There should be a consistent criteria upon which to make judge- ments about employee attendance. When a unsatisfactory pattern of attendance exists, the problem must be identified and rectified. Judgements regarding absenteeism problems will be made by examining patterns of usage. Abuses will be handled through the normal evaluation and disciplinary procedures of the County. Ail personnel shall be given credit for sick leave days at the rate of one day* per month with no maximum on accumulation. Employees hired prior to November, 1989 will continue to earn I 1/4 days of sick leave (or major fraction thereof) per month. Ail personnel shall earn sick leave days at the rate of one day per month (permanent full-time) of employment or'major fraction thereof (permanent part-time) with no maximum on accumulation. Sick Leave Bank The County will maintain a sick leave bank to be used when a member of the bank becomes incapacitated by long-term illness or injury as long as one-third of the eligible members agree to participate in accordance with the terms contained herein. Membership in the sick leave bank shall be voluntary and open to all eligible personnel who accrue sick leave. Each employee of the Board who accumulates sick leave is eligible for membership and may become a member by donating one day of sick leave upon joining and one day thereafter whenever an assessment is required. Requests for leave time from the bank must be made in writing by the employee or his/her representative in advance of the absence for which the extra days are to be granted. Requests cannot be made retroactively. Requests must be supported by a medical doctor's certificate. The Director of Human Resources is designated as the administrator of the sick leave bank. A. Enrollment Procedures An eligible employee may enroll within the first thirty days of employment. An employee who does not enroll when first eligible may do so between any subsequent September 1 to October 15 period by making application and providing satisfactory evidence of good health to the Board. Enrollment the first year the bank is in existence will be for any eligible employee who fills out the appropriate form and submits this form to the Board within the initial enrollment period. Membership in the bank may be earned by contributing one day of sick leave upon joining and one day thereaf- ter whenever an assessment is required. The donated days of leave will be deducted from the donor's accumulated days of sick leave. B. Rules for Use The first twenty consecutive working days of illness, or dis- ability will not be covered by the bank, but must be covered by the unit member's own accumulated leave or leave without pay. This requirement may be met in cases in which twenty days of absence, although not consecutive for the same illness/injury, occur within thirty working days. Requests for use of the sick leave bank must be made in writing by the employee or designee prior to the absence for which the leave days are to be used. 3e A maximum of forty-five working days each year can be drawn by any one member. (Page 40) 000330 Se 6e 7e Days drawn from the bank fo~ any one period of eligibility must be consecutive, except additional periods of disability result- ing from recurrence or relaPse of the original illness which will be covered fully on a continuing basis up to the annual maximum of forty-five days. Otherwise, members must return to work and must meet the requirements of Item B.1. before becom- ing eligible to utilize sick leave bank benefits again. A member of the bank will not be able to use sick leave bank benefits until the employee's sick leave time declines to zero. Members of the bank will be assessed additional days of sick leave at such time as the bank is depleted to two hundred days, unless they choose not to Participate further in the bank. Members who have no sick leave to contribute at the time of assessment will be assessed this day by october 1 of the f01- lowing year. Members utilizing sick leave days from the bank will not have to replace these days except as a regular contributing member of the bank. C. Termination Upon termination of employment or membership in the sick leave bank, a participating employee may not withdraw the days he/she has contributed to the bank. ~Extraordinar¥ Sick Leave In certain circumstances such as a long period of illness or recupera- tion, an employee may not have a sick leave balance large enough to cover the period of absence. In such a case, the employee will be placed on annual leave, then on leave without pay for up to one year from the date on which sick leave was exhausted. Employee's insurance benefits will be treated as described in the Leave of Absence regulations. Acceptable Attendance Acceptable attendance is a minimal expectation of all County employees. Department Heads are responsible for monitoring attendance within their department. When employee absenteeism exceeds 4 percent of available work time for sick leave (if a pattern exists over a three year trend), Department Heads will be responsible to their evaluators for having investigated the situation and taking appropriate action when necessary. Nothing in the above guidelines is meant to limit a supervisor in exer- cising discretion in applying these guidelines to an individual em- ployee's circumstances. ~P-87 PROFESSIONAL LEAVE The ultimate goal of the professional development program is to provide better service to citizens. This can be accomplished through the im- proved awareness and effectiveness of the staff. Utilizing total staff involvement, the professional development process consists of identifying the areas in which improvement is needed; establishing programs that are designed to achieve the desired results and implementing these programs with evaluation and revision as needed. Professional Leave The board authorizes the County Executive to grant professional leave without loss of compensation to individual employees for the purpose of participation in conferences and seminars for the improvement of job skills when, in the judgment of the individual's immediate management supervisor, no interruption in the public service will occur and the employee's performance will be enhanced. - The purpose of the professional leave is directly linked to the duties and responsibilities comprising the job description of the employee. - Professional leave from service under this policy will not be granted on a regular and recurring basis. Ail requests for professional leave will be made in writing, bear the endorsement of the employee's immediate supervisor, be approved or denied by the County Executive or his designee, and copies will be kept on file for one year after the date of request. Requests for professional leave will be made as far in advance as possible prior to the event. Compensation received by the employee while on paid released time, up to and including the employee's daily rate of compensation, will be refunded to the division as reimbursement for value of services lost. 00033 1 August 4, 1993 (Regular Day Meeting) (Page 41) SP-88 EMERGENCYLEAVE Emergency leave is for circumstances beyond the control of the individual and must be used only for this purpose. The department head or designee may grant two (2) days of emergency leave without loss of pay to all classified and administrative employees during the fiscal year. Personnel eligible for paid personal leave are not eligible for emergency leave. It is impossible to anticipate all the circumstances that may cause a request for emergency leave. Therefore, samples of circumstances are listed to give guidance in rendering a decision on a specific request. A. Examples of pending circumstances for which emergency leave may be granted are: 1. Legal actions such as a subpoena or a summons to appear in court for reason other than violation of the law; 2. An order to appear for a physical examination for classifica- tion for induction into the armed forces; 3. A disaster affecting the residence of the employee. The department head or designee is authorized to grant two days of emergency leave during any fiscal year. If the circumstances in a given case are unclear, the department head shall confer with the Director of Human Resources before granting approval. Item 5.3. Use of Jaunt FY 93/94 carryover funds projected to be $24,956 to further reduce the urban fare for handicapped riders to comply with ADA requirements. In a memorandum from staff it is noted that for the 1993-94 fiscal year, JAUNT presented two funding options to Albemarle County based on the COunty's projected ridership, as well as an ADA regulation that by January 1995 the fare for handicapped riders in the urban area may not be more than twice that of public transit or the Charlottesville Transit Service (CTS) fare. The County funded Option II while anticipating further funding in 1994-95. JAUNT has revised its FY 93-94 budget, projected to be about 20 percent lower than the original estimates. It also received a federal grant for the purchase of their new building. This gives the County a potential savings or carry-over. The Board is requested to allow JAUNT to use the surplus to fund a $0.25 fare reduction in order to meet the ADA regulation in the current year, rather than waiting until FY 94-95. The request to allow JAUNT to retain the funds was APPROVED by the vote set out above since it requires no further aPPrOpriation from the County. Item 5.3a. Amended Resolution to take roads in Meadowfield Subdivision into the State Secondary System of HighwaYs. Request was received from the county Engineering Department asking that the resolution of February 17, 1993, be revised and put into the newly adopted format for such requests. The following resolution was adopted by the recorded vote shown above: WHEREAS, the streets in Meadowfield Subdivision described on the attached Additions Form SR-5(A) dated August 4, 1993, fully incorporated herein by reference, are shown on plats recorded in the Clerk's office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Trans- portation to add the roads in Meadowfield Subdivision as described on the attached Additions Form SR~5(A) dated August 4, 1993, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Require- ments; and BE IT FURTHER RESOLVED, that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the record- ed plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. August 4, 1993 (Regular Day Meeting) (Page 42) The roads describedOn AdditiOns Forms SR, 5(A) are: Meadowfield Lane frOm the edge of pavement of State Route 649 0.22 mile to the end of the cul-de-sac as shown on Plat recorded 3/3/88 in Deed Book 981, page 712'714 and Deed Book 1045, pages 236-237, for a 50 foot right-of-way. Meadowfield Way from the edge of pavement of Meadowfield Lane 0.05 mile to the end of the cul-de-sac as shown on plat recorded 3/3/88 in Deed BOok 981, page 712'714 and Deed Book 1045, pages 236-237, for a 50 foot right-of-way. Meadowfield Way from the edge of pavement of Meadowfield Lane 0.15 mile to the end of the cul-de-sac as shown on plat recorded 3/3/88 in Deed Book 981, page 712-714 and Deed Book 1045, pages 236-237, for a 50 foot right-of-way. Addition length 0.42 mile. Item 5.4. Memorandum dated July 27, 1993, from Richard E. Huff, II, re: Update on Southern Pine Bark Beetle, received as information. Mr. Huff notes that a site visit of the Priddy Creek property indicated some infestation, but not to any significant scale. Staff is in the process of obtaining cost estimates from professional foresters to develop a management plan which will indicate which areas should be harvested. Staff of County Parks and Recre- ation will be monitoring other c°un~y-°Wned iands to detect Similar problems should they arise. Mr. Perkins said the Virginia Department of Forestry can furnish any professional help the County needs. Concerning the Priddy Creek property, he thinks the Board should decide what it intends to do with this property. One alternative is to ask the Game c°mmisSi°n if it W0Uld be interested in building a fishing lake on the pr0Pert¥,s0methlng that WOUld be beneficial to the whole community. Item 5.5. Arbor Crest Apartments (Hydraulic Road Apartments) Bond Program Report and Monthly Report for the month of June, 1993, was received for information. Item 5.6. Staff report dated July 30, 1993, from the County Executive entitled "Formation of committee to study unemployed and underemployed and its implications on the County's future Economic Development Policy" was received for information. In the memorandum it is noted that during development of economic policies for the Comprehensive Plan the need to examine chronic unemployment and underemployment in relation to the current work force and job market was revealed. There are two forms of underemployment, visible underemployment and invisible underemployment. Due to a lack of data, a valid analysis of actual underemployment and chronic unemployment is difficult within available resources. However, staff believes study of the issue could provide useful and revealing information on the prevalence, causes, and solutions to chronic unemployment and underemployment. With the concurrence of the Board, staff will coordinate the collection of information and the formation of a work group to examine these iSsues· once the ~nf°~a~i6~ has be'~ ~ollected and analyzed, staff will incorporate the data into the comPrehenSive P1an rep°rt- ing and review process. Mrs. Humphris asked that the Board see the work plan for this committee before it begins work, and that a list of its membership be approved by the Board. Item 5.7. Copy of Flood Proofinq Options for Virqinia Homeowners, jointly prepared by the virginia Department Of ConserVation and Recreation and the U.S. Army Corps of Engineers, Norfolk District, was received as informa- tion and is on file in the Clerk's office. Item 5.8. Memorandum dated July 21, 1993, from Robert B. Brandenburger, Assistant County Executive, t° Robert W. Tucker, Jr., County Executive, re: Update on Well/Septic Permitting. Mr. Brandenburger notes that the Board and other elected officials (Senator Ed Robb) recently received two memoranda from Dr. Susan MCLe°d, Director of the Thomas Jefferson Health District, regarding the current status of staff in the Sewage and Water programs, and its impact on issuance of well and septic permits. A meeting was held on July 20 with numerous interested people. The outcome of the meeting - if there is no further turnover in District staff, and applications do not exceed the current level, the waiting period next summer should be no more than three weeks. August 4, 1993 (Regular Day Meeting) 000~ (Page 43) Item 5.9. Copy of Planning Commission minutes for July 13, 1993, received for information. Item 5.10. Copy of letter dated July 13, 1993, from Carol M. Browner, Environmental Protection Agency (EPA) and copy of letter dated July 21, 1993, from Leon E. Panetta, Director, Office of Management and Budget, Executive Office of the President, addressed to The Honorable Thomas J. Bliley, Jr., House of Representatives, re: EPA proposal to regulate municipal solid waste landfills under Subtitle D, Subpart G of the Resource Conservation and Recovery Act (RCRA), received for information. Item 5.11. Copy of Albemarle County Service Authority Budget for FY 1993-94, received for information. Item 5.12. Monthly update on Highway Improvement Projects currently under Construction. Letter dated July 29, 1993, from D. S. Roosevelt, Resident Engineer, Virginia Department of Transportation, received for information. Projects listed are: Route Location Status Estimated No. Comp. Date 250 St Clair Ave to Rt 64 90% complete Sep 93 20 At Int Rt 742-Avon St Ext 41% complete Oct 93~ 654 Barracks Rd from Rt 1406 to Georgetown Rd 59% complete Sep 93* 631 5th Street Ext $ of Rt 64 28% complete Feb 94 Agenda Item No. 6. Approval of Minutes: May 6 and September 9, 1992; April 14, 1993. Mr. Bain had read the minutes of May 6, 1992, page 1 to item #15 on page. 15, and found them to be in order. Mr. Perkins had read April 14, 1993, page 1 to item #11 on page 12, and found them to be in order. Mr. Marshall had read the entire set of September 9, 1992, and found them to be in order, although he complained that it had been so long, he had a hard time remembering. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to approve the minutes which had been read. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. Agenda Item No. 7a. Other Transportation Matters. Mr. Bain asked for some information concerning the repair to the bridge over the Mechum River at the corner of Routes 240/250. Ms. Angela Tucker, Assistant Resident Engineer, was present and said this is a repair to the superstructure that had been needed for a long time. The project had been put out to bid several times, but because of its cost, had not taken place until now. Mrs. Humphris thanked Ms. Tucker for taking care of a problem along Old Garth Road (21 Curves) where illegal dumping was occurring. She said the junk was removed and the shoulder of the roadway repaired within two days of her call. She said this has made a significant difference in this area. Mrs. Humphris mentioned that a large group of people living in the County (begun by people living on Georgetown Road) are going to launch a major offensive at the end of the summer about people who do not stop for school buses loading and unloading children. Ms. Tucker has had signs posted on Georgetown Road about this. Mrs. Humphris thanked the clerks for the advertisement of the public hearing concerning repairs to the Bellair intersection, however, SUggested that the map was fairly pale. She wondered if anything could be done to make the map clearer. Mrs. Humphris referred to a headline in the Daily Progress proclaiming that funding of the Route 29 North project falls short of the plan. She said that she had difficulty following figures from year to year with the informa- tion she has collected. In trying to reconstruct where the plan had been in 000 34 August 4, 1993 (Regular Day Meeting) relation to the interchanges and the bypass, she found that she does not have enough information to do that. She has the preliminary 1993-94, but not the approved 1993-94. She has no way to figure out what is going on. Why is this shifting of funds, interchanges, bypasses, etc. being done? She does not understand it. Mrs. Humphris said there was $3.0 million for interchanges in 1992-93 that seems to have disappeared in 1993-94. There was $7.5 million for inter- changes in 1997-98 that seems to have disappeared for 1993-94. Even though they were pushed out, she does not know why that was done or what it means and she has not been able to find out. The bypass EIS was originally a $3.0 million Sverdrup study. Then it got to be $3.5 million, and then $3.6 million. In 1992-93 $50,000 was added to it, but all of a sudden it shows previous funding of $3,729,000, but that was never approved anywhere. Mrs. Humphris said, as important as this issue is to the entire communi- ty, and as important as it is for the Board to be sure the interchanges get built in a timely fashion, she thinks the Board needs to find out what happened at the Commonwealth Transportation Board to change the situation here in Albemarle. The last time figures were changed, she had Bob Tucker get her a copy of the tapes from the CTB meeting only to find that the decisions were evidently made outside of the CTB meeting with the individual commissioners. She is angry and frustrated at the continued machinations on this inter- change/bypass issue, and the absolute frustration at the Board not being able to find out what is happening and why. Mr. Bowerman suggested that the Board be given a copy of the final allocations and a representative from VDOT be invited to the September 1 meeting to explain the rationale behind the change. Mr. Marshall thanked Mr. Bob Tucker for getting someone to cut the tree in front of the Visitors Center sign on Route 20. He would also like to see the median strip cut. Mr. Tucker said staff is working with VDOT's contractor to see if this strip can be cut more often. He said the County's Parks and Recreation staff did some hand trimming in this section, and they are the ones who cut down the tree which was not on highway right-of-way. Mr. Marshall mentioned the improvement at the intersection of Route 20/Avon Street, and how slowly it is progressing. Ms. Tucker said the contractor has a reputation for being slow, and the contract was revised to extend it for two months, but the project is supposed to be completed in Octoberr 1993. Construction is 41 percent completed at this time. Mr. Marshall asked if bids have been let on the project at the "S" curve (deadman's curve) on Route 20 near Dr. Jim Andrews house. Ms. Tucker said the Highway Department conducted a project showing just last week. It will be another three to four weeks before bids are due, with the project probably beginning in October. Mr. Marshall asked about Daniel Marsh Road and a bad curve where there are about eight houses below the road's level. Ms. Tucker said the ShOUlder of the road is scheduled to be rebuilt in the next couple of weeks. Ms. Tucker said she had spoken with Mr. Roosevelt about the question Mrs. Humphris had about the Meadow Creek Parkway project, namely the total of $9.961 million for one-half mile of road construction from the Route 250 Bypass to Rio Road at the Northern citY Limits. MS~ TUcker said Mr, ROoSevelt indicated the estimate for the project was $11.0 million when the project was to begin at Preston Avenue. When the project was changed to begin at the Route 250 Bypass, the price dropped to $6.4 million, which includes the interchange at the bypass which is an at-grade interchange to be studied further. Mr. Bain asked for an explanation of this statement. Ms. Tucker said it means that if the project does not work as planned, further options will be studied. Mr. Bain asked for a written explanation saying he felt an at-grade intersection is ridiculous. He feels that if the project is done at all it should be done right. He asked if the City has veto power over a project on a primary road in the City. Mr. Robert Tucker said he is not sure how the veto works. He will ask Mr. Roosevelt to be ready to discuss this at the September 1 meeting. Mrs. Humphris asked again about a figure concerning right of way for the Route 29 Albemarle Interchanges showing an amount of $26 million for right-of-way for the interchanges. She said the complete total was given in the FEIS as approximately $29 million for the interchanges. She asked again for the correct information. Mr. Tucker said County staff has not been able to talk with the Highway's Right-of-Way Division in Richmond. He suggested that Ms. Tucker might be able to do this easier, and provide an answer to Mrs. Humphris' question. August 4, 1993 (Regular Day Meeting) 000~ (Page 45) (Note: Mr. Bain left'~'~h~meeti~g-~a~''10:35 a.m.) Agenda Item No. 8. Appeal: North Fork Business Park, use of private roads. The following letter of appeal was received from the applicant, and is set out in full below since it has a bearing on the approved conditions: "22 July 1993 Office of the Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, VA 22901 North Fork Business Park Private Roads Planning Commission Appeal Dear Board Member: We are writing to appeal the Planning Commission's July 15th decision to deny the use of private roads for the North Fork Business Park. At that time the Planning Commission expressed concerns in regards to: through traffic and the public use of private roads, substan- dard road and development techniques resulting from privatization, and truck traffic affecting safety for drivers and pedestrians within the park. We would like to respond to each of these concerns with the following points: · Although we are not encouraging through traffic and the public use of private roads at the North Fork Business Park, we would like to assure the Board of Supervisors that public access will not be prohibited in this park. No gate struc- ture will be installed with this project. Due to the antic- ipated mixed use of tenants and requirements for employee schedule flexibility, it would not be feasible to restrict access through the use of.gates or other measures. · It was suggested that substandard facilities might be proposed under the private road provision. We feel that it is critical to note that the request for private roads is intended to provide a superior product, not an inferior one. The roads are designed and all construction will be in conformance with VDOT mountainous terrain standards if private roads are accepted by the Board. Pavement thick- nesses and construction methods will not be compromised. The current work at the Fontaine Research Park, also done by the University of Virginia Real Estate Foundation, is evi- dence of the type of high quality development that is envi- sioned at the North Fork Business Park. · The primary difference between public and private road standards is the respective design speeds. Slowing truck movement within the park through the use of private roads with lower design speeds would more than likely improve traffic safety, rather than making it more dangerous. The proposed private roads are designed to a 35 mph minimum design speed. The ability of private roads to handle truck traffic as well as vehicular traffic associated with light industry and office uses is more than adequate. We believe that the private road ordinance was written in order to provide a road network system which limits land disturbance and earthwork activities associated with road projects, and to provide roads which are more harmonious with the rural nature of Albemarle County. We have attempted to accomplish this in Our rOadwaY designs, fitting the roads to the natural contours of the land as much as possible. The following items are additional arguments for utilizing private road design standards at the North Fork Business Park: · Private roads minimize clear cutting and regrading of existing site terrain. The 'thirty percent rule' was estab- lished as a guide in determining the advantages of private versus public road earthwork disturbance. This amount was in fact achieved on the portions of road to be built at this time, and future road construction will likely increase this ratio. To say the environmental impacts for a project are minimal because they do not far exceed the 30% cut off amount is an unfair assessment. · Private roads allow for a more pleasing and less intru- sive entrance treatment, including appropriately scaled signage, lighting and planting elements. The main entrance to the business park is located along Route 29, a major entrance corridor into the City of Charlottesville. A August 4, 1993 (Regular Day Meeting) 000~6 (Page 46) private road allowance would make for a more appropriate and less intrusive entrance. · Similarly, private roads would allow for appropriately scaled and/or custom designed, on-site amenities such as crosswalks, nature trails, lighting, and plantings, direc- tional signs and guardrails adjacent to the roadway. · Under normal circumstances, VDOT will not accept a road without at least three separate owners. Because this pro- ject is still in the early stages of development, many questions still exist in regards to tenant types and owner- ship of individual parcels. The University has shown inter- est in providing lease options for prospective tenants while maintaining ownership. Therefore, even if public road standards are required for this project, there is some question as to whether or not VDOT will accept the roads. · The North Fork Business Park is anticipated to be con- structed in phases. Individual site utility requirements have not been established, and the majority of utility installations will not occur at this time. Private roads will accommodate utility location flexibility not available within a state right-of-way. Future construction could therefore take place within previously graded areas with no additional disturbances. In summary, we feel that the park as a whole has been and contin- ues to be intended as a high end, high quality business park that is integrated into the landscape as much as possible. We would like to be able to construct a roadway system that reflects the property's terrain and reduces the impact of the development on existing site features. This is the intent of the private road ordinance and the intent of our request. We look forward to discussing these issues and answering your questions about the use of private roads at the North Fork Busi- ness Park at the August 4th Board of Supervisors meeting. If you have any questions or need additional information previous to the meeting, please feel free to call upon us. Sincerely yours, (Signed) Robert B. McKee, PE, ASLA" Mr. Ronald Keeler, Chief of Planning, gave the staff's report explaining that this is a request to use private roads in accordance with Section 18-36(b)(3) of the Subdivision Ordinance. The property is located on the east side of Route 606 approximately three-fourths of a mile northeast of the Airport. The property contains 228 acres and is zoned Planned Development- Industrial Park and Rural Areas, Tax Map 32, Parcels 6 and 19, Rivanna District. The Planning Commission, at its meeting on June 15, 1993, by a vote of 4/1 denied the request to use private roads. (Note: Mr. Bain returned to the meeting at 10:37 a.m.) Mr. Keeler mentioned the applicant's letter of appeal, and said he would make a few comments concerning that letter. The zoning on this property was approved 14 or 15 years ago at which time a new zoning designation was developed to accommodate the acreage involved. There was no discussion at that time as to whether or not private roads should be made available to this development. Since then, there have been many changes in private road pro- visions, the property has changed hands, and the intent for development of the property is also different. Mr. Keeler said there are three matters to be reviewed when considering private roads. 1) Should private roads be made available to this development? If the answer to that question is yes, rolling terrain standards are automati- cally available. 2) Should environmental considerations justify allowing the applicant to construct private roads to mountainous terrain standards? 3) There is a provision in the ordinance which says that private roads shall not connect to public roads unless there is a public purpose to be served by such connection. That provision was included in the ordinance as a result of a subdivision in the Batesville area which had a private road that connected to a public road and there was a lot of through traffic. The developer asked the Planning Commission to close the road, and the Commission then initiated these private road amendments for residential areas. Mr. Keeler said the University Real Estate Foundation (UREF) has no objection to maintaining these roads for whatever through traffic is experi- enced. Staff does not have good figures on through traffic, but the traffic study for the park shows 75 percent of the traffic arriving from the south, with the other 25 percent arriving from the north. Mr. Bowerman asked if any traffic will come from Route 606. Mr. Keeler said it may be three to five percent. oooaa7 August 4, 1993 (Regular~Day"Meeting)- ~ -- - (Page 47) The transportation consultants for the applicant indicated in a prior study that the only attractor would be the airport. If you assume that these splits are correct, and assume that 25 percent of the airport traffic would travel to the north, all of the airport traffic to the north would be captured through the development, but, that would still be negligible compared to the traffic generation in the development itself. Mr. Keeler said the applicant, in the letter of appeal, makes several points justifying use of private roads. Many are aesthetic and environmental. Ail of the aesthetic points are applicable to private roads whether there is rolling or mountainous terrain. The environmental issues are applicable to mountainous terrain standards. Mr. Keeler said, in this proposed development the mountainous terrain standards are used in three locations. There are also two stream crossings where the applicant proposes to use mountainous terrain, vertical curvature standards to allow a sharper sag curve to get across a stream to avoid additional fill to meet rolling terrain standards. Mr. Bain asked if this would be allowed by VDOT. Mr. Keeler said VDOT would require rolling terrain standards which require more fill to get across the stream, and the volume is significantly increased because of side slopes. Mr. Bain asked about the projected slopes on the road. Mr. Keeler said the grade on the road does not exceed rolling terrain standards which is nine percent. Regarding usage of private roads for commercial and industrial develop- ments, private roads were recently approved for Peter Jefferson Place and Fontaine Park. Private roads are in the industrial area at Mill Creek. All shopping centers have private roads. The County's policy for minimizing access to Route 29 and other major roads dictates the use of private roads for commercial development. As an example, in the area across from Fashion Square Mall where Bojangles, Hardees' Fisher Auto Parts, and Merchant's Tire are located, those are private roads internally. Mr. Bowerman asked about the Planning Commission's thoughts on a public road as a connector between Routes 606 and 749, with the balance being pri- vate. Mr. Keeler said there was a motion by the Commission for such an ap- proval based on a feeling that since this road connected to a public road, and there would probably be a good deal of traffic on it, so there should be a public road. The Commission was not concerned that any of the other roads internally be public roads. When the applicant asked for an amendment to the conditions and zoning in order to allow private roads, VDOT had no comments. Mr. Bowerman said he was confused about that thought, and the final vote of the Commission. Next to speak was Mr. Bob McKee, representing UREF. He said he would like to speak concerning their letter of appeal. To his knowledge, VDOT only accepts public roads after there are three owners served by that road. In the case of the Airport Research Park, there will be only one owner, UREF. The parcels and the buildings will be leased. If this were a public road system, he does not know how it would be accommodated in the VDOT system for mainte- nance. That is the reason the roads are designed to public standards, but will never be public roads. Mr. McKee mentioned the first item in their July 20th letter, concerning traffic on Route 606; 75 percent of the traffic coming to the park will prob- ably come from Charlottesville, 20+ percent from the north, and the balance from the Earlysville area. When Airport Road is widened, it will accommodate most of the traffic to the Airport and most of the traffic to Earlysville. Speaking about environmental impact, Mr. McKee said in making calcula- tions for Roads A & B on the plan, impacts barely came to 30 percent which is the "magic" number for private roads. They did not include in those numbers some of the smaller roads shown in the area, or what might happen to the north of the property in the future. They feel the impact on those roads would be more than on Road A since Road A was graded some time ago by the previous owner. Private roads will allow the owners to provide certain amenities such as special signing, custom designed guardrails, custom designed lighting, plantings in the right-of-way to a greater extent than that allowed in VDOT right-of-way, and a full entrance scheme which would not be acceptable to VDOT. Mr. McKee said they feel that by reducing design speeds, a safer condi- tion is created. The gradients are not too steep, they are nine percent at a maximum. In the past there has been concern about private roads and the issue of compromising the quality of construction. With the advent of the new private road ordinance specifying the design standards, neither the quality of the road bed or the surface treatment will be compromised. He does not feel the issue of quality should enter into the discussion, other than to say the applicant will go beyond what is required to prepare a system of roads that is attractive and meets their requirements from a functional standpoint. Mr. McKee said he mentioned other issues in the letter and will not read those today. He feels they have met the criteria technically, and he does not see any reason they should not be allowed to have private roads in this park. The issue of through traffic from Route 29 to Route 606 was discussed by the Planning Commission. It was even suggested that gates might be installed to prevent this, but they do not intend to put up gates, or to prevent people August 4, 1993 (Regular~aY Meeting) 000338 (Page 48) from using the road as a cut-through. He does not think that is a valid issue either. Mr. McKee said he had some drawings with him if the Board wants to look at specifics. Mr. Marshall asked if UREF intends to lease or sell the property. Mr. McKee said that has not been determined at this time. Mr. Marshall feels that to be the determining factor. Mr. McKee said he understands from Mr~ David Westby that the two people he has talked to about use of the property desire to use a long-term lease for both the land and buildings. There was no one from the public who wished to comment on this request, so Mr. Bowerman turned the discussion over to the Board members. He asked if a person wanted to purchase land in the park, if there would be a maintenance agreement approved by the County Attorney between that property owner and UREF for their portion of the use of the road. Mr. McKee said if it is a private road, there would be a property owners' association. Mrs. Humphris asked how the County can be assured that in the future the road will not be closed to through traffic. Mr. McKee suggested it be written into an agreement. Mrs. Humphris said, after reading the Commission's minutes, she thinks the County's ordinances need updating since they may not be applicable in this situation. Mr. McKee said he thinks the private road provisions deal more with the residential situation. Mrs. Humphris said she thinks there should be the "best of all worlds" in this case so as to prevent the environmental degradation by using the mountainous terrain standards, yet still providing roads of public road quality, but done in a more aesthetically pleasing manner, providing the County can assure that Road "A" will never be closed to through traffic. Mrs. Humphris asked if the parking of cars along these roads can be prohibited. Mr. McKee said he did not envision parking along the roads which will be similar to a parkway or a rural country road. Mrs. Humphris suggested adding a condition stating "No parking on Roads A and B." Mrs. Humphris then offered motion to approve the site plan for the North Fork Business Park with four conditions, the two recommended by staff, adding: "3) Roads A & B as designated on the preliminary site development plan shall never be closed to public use." and, "4) There shall be no parking on Roads A & B." The motion was seconded by Mr. Martin. Mr. Bain asked if the staff has a set of road plans. Mr. Keeler said he has a set of plans which he will initial, date and note that the plans were presented to the Board of County Supervisors this date. Mrs. Humphris said her motion refers to the map as shown by Mr. McKee which is to be initialed and identified by Mr. Keeler as being received at this meeting. Ms. Jo Higgins, County Engineer, came forward to speak about the Board allowing a condition which will not limit access to private roads. She said when staff has a problem with private roads, the first question that is raised by the people who are responsible parties for maintenance is whether the 'owners can limit traffic or block off their private road access. This is a legal issue. The other argument for having the County participate in the maintenance of the road is that the County makes them keep the access open and allows this traffic, so they feel there should be public participation in the maintenance cost. This has been a recurring issue, and at some point in the future these property owners may be coming to the Board for funding. Mr. Bain said the recommended conditions require the County Attorney to approve a road maintenance agreement. He feels the County Attorney will make sure that what goes to record will bind everybody and the County will never be obligated to any funding. Mr. St. John said he has the same concerns that Ms. Higgins has expressed. Even though it is written in the maintenance agree- ment that neither the Commonwealth or the County will ever be called upon to pay anything toward maintenance of these private roads, no condition is imposed stating the property owners cannot regulate the traffic on the road or prevent through traffic from using the road. Mr. St. John referred to previous County regulations for "restricted roads". This was a road which was dedicated to public use, but privately maintained. That created the problem Ms. Higgins mentioned. The Board gave the public a right to use the road which could not be abridged by the private owners of the road, yet the private owners had to pay the maintenance. Ms. Higgins said the traffic anticipated at time of approved might be small, but over a period of time it could greatly increase. Mr. St. John said this is an archetypical example of restricted roads. Mr. Higgins said when her department gets complaints (this may not be applicable to North Fork Business Park because it is a commercial use type of situation), but in residential areas if one owner wants the road upgraded, it takes a civil effort to get the road upgraded. The County has no ability to step in and say the road must be maintained, but if the road connects to a public road, the county could be subject to receiving public complaints. Mr. Martin asked if there is a change in circumstances in the future, if the Board at that time could delete the condition. Mr. Keeler said the Board August 4, 1993 (Regular Day Meeting) (Page 49) 000339 is being entreated by the applicant to approve this request with the written comment that the road will be open to the public. The applicant is requesting that private roads be approved to accommodate public traffic. Mr. St. John said he thinks that should be made clear in the record. Previously, on several occasions there have been situations where an applicant stated an intent to do something, but it was not put into the conditions. Later it was unclear as to whether the applicant could be required to conform to his stated intent. The problem Ms. Higgins raised would be totally cured by a statement in the record from Mr. McKee that UREF agrees to this condition. Mr. McKee said he thought he said that earlier, but he will say it again. Mr. Perkins asked if a condition could be added that all present and all future owners would be responsible for road maintenance. Mr. St. John said that is implied in Condition #1, "staff approval of road maintenance agree- ment.'' The staff will see that that is written into the agreement, or it won't be approved. Ms. Higgins said it prevents the applicant from ever limiting the traffic if maintenance costs become excessive due to increased traffic. Mrs. Humphris said she assumed from the statement in the letter "al- though we are not encouraging through traffic and the public use of private roads at the North Fork Business Park, we would like to assure the Board of Supervisors that public access will not be prohibited in this park." Mrs. Humphris said she considers that as an enticement. In her mind, when the Board has been enticed to do something and then does it, then the applicant should not come back later and say this did not work out the way he wanted it, so help. She hopes that will never happen in this case. Mr. Marshall asked if this could not be made a stated condition. Mr. Bowerman said this is a stated condition in the motion, and the motion is before the Board. Mr. St. John said the applicant has acceded to that condition being imposed. Mrs. Humphris said the minutes will reflect that the applicant has acceded to that condition, and this Board does not ever intend to have to participate in the maintenance of Roads A and B. Mr. McKee said he would like to stress that this applies only to Roads A and B because at some point when the parcels are developed there may be a requirement for security on some of the other private roads the Board does not see on this plan today. Mr. St. John said, in other words, A and B will never be closed to the public. Mr. Bain said the Planning Commission remarked about the public versus private benefit, and he thinks there is a concern as to whether it is a commercial use or a residential use, and it may behoove the Board, staff and Commission to look at the private roads ordinance again. At this time, roll was called and the motion to approve the request with the following conditions was approved by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. (Note: 1. 2. 3e The conditions of approval are set out in full below.) Staff approval of road maintenance agreement; Department of Engineering approval of road plans subject to Section 18-36(e) Table B VDOT Mountainous Terrain Standards; Roads "A" and "B" as shown on a drawing of "North Fork Business Park" prepared for University of Virginia Real Estate Foundation, Charlottesville, Virginia, by McKee/Cars- on, a copy of which was presented to the Board of Super- visors at its meeting on August 4~ 1993, and dated and initialled "RSK", shall never be closed to public use; and No parking on or along roads "A" and "B". (At this time, the Chairman announced that the Board would go to Agenda Item No. 10 because citizens were present for this item.) Agenda Item No. 10. Police Department - Citizen Awards. Mr. Bowerman asked Chief John Miller to comment. Chief Miller said over the past couple of years as the Police Department has formed partnerships within the community, they have been pleased with the interaction with the community in helping to deliver public safety throughout the whole County. Mr. Bowerman said the Police Department feels strongly that citizens who display unusual acts of valor should be recognized publicly in appreciation for their willingness to "get involved". Presentation of Certificates of Appreciation is viewed as the County's way of saying "thank you" for a job well done. Mr. Bowerman presented a certificate to Mr. Charles Phillips who lives at Old Salem Apartments and wh°, along with another resident, physically held - 000 40 August 4, 1993 (Regular Day Meeting) a man accused of rape until the Police could get there. Police said there was no way they could have caught the suspect without Mr. Phillips' assistance. Mr. Bowerman presented a certificate to Mr. Jack Eicher who, along with Carlos Ramos, Mac Wood and Helga Jaehle, pulled a teenager from a burning jeep only a few minutes before the entire vehicle was engulfed in flames. Also present were Mr. Joe Teague and Mr. Chip Yates from the Police Foundation. Agenda Item No. 9. Review of County Ordinances pertaining to hunting regulations (deferred from May 5, 1993). Mr. Tucker said the Board instructed staff to work with Warden Kenneth Dove to update the County's hunting ordinances to address concerns by both law enforcement officers and hunters to clear up any perceived contradictions between County and state hunting regulations. (On file) is a well done review of the issues by Warden Dove along with his recommendation that the County's Ordinance Section 13-9.2 be amended to delete the portion of the sentence that allows persons to possess a loaded rifle or shotgun when that person has permission to hunt on the private property on both sides of the highway. Mrs. Humphris referred to a statement concerning Section 13-11 that the section should be left as worded, or the distance changed. She thinks the Board should consider changing the distance because 50 feet from a primary or secondary road with a rifle could be dangerous. Mr. Tucker said he thought about it, but did not know what would be a safer distance. Mr. Perkins said state law has changed so that a person cannot shoot toward a highway. So 50 feet from the highway, shooting in a direction away from the highway is safer than shooting toward the highway. Mr. Marshall said that at sometime in the future, as the County becomes more populated, this Board may want to outlaw high powered rifles for hunting. He has a hole in the side of his house. Mr. Perkins said he could have 24 holes in the side of his house from a shotgun. Mr. Marshall said that is true, but he thinks that in the future, the Board will have to consider it. Motion was then offered by Mr. Martin, seconded Mr. Marshall, to set a public hearing on an ordinance to amend and reenact Chapter 13, Offenses- Miscellaneous, in the Code of Albemarle, in subsection 13-9.2(a), Firearms-- standing or walking, for September 8, 1993. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. (At 11:31 a.m., the Board recessed, and reconvened at 11:37 a.m.) Agenda Item No. 11. Recycling Ordinance (deferred from June 16). Mr. Tucker said at the Board's direction, a committee was tasked to address outstanding issues with respect to the proposed Recycling Ordinance. The committee was composed of haulers, members of recycling advocacy groups, staff, and two members of the Board. The (on file) copy of the proposed ordinance reflects changes agreed to at the committee meeting on July 14. Specifically, the changes recommended are as follows: 1) Sec. 16-15(a) has been changed to reflect the phasing in of newspaper recycling one year after ordinance adoption. 2) Sec. 16-16 no longer requires that recycling collection be on the same day as trash collection. 3) Sec. 16-20(d) has been removed from the ordinance. A gradu- ated civil fine schedule was agreed upon in lieu of revoca- tion or suspension of the required permit. 4) Sec. 16-22(a) describes the makeup and responsibilities of the committee empowered with reviewing alleged violations. 5) Sec. 16-22(b) sets the maximum civil penalties for each violation of the ordinance. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to set for public hearing in September An Ordinance to amend and reenact Chapter 16, Refuse and Garbage, of the Code of Albemarle, in Article I, In General, and by adding a new Article III, to be called "Recycling." August 4, 1993 (Regular D'~y Meeting) 000~41 (Page 51) ~ Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. Agenda Item No. 12. Discussion: School Carryover Policy. Mr. Tucker said that at its June 14 meeting, the School Board adopted a resolution requesting authorization from the Board of Supervisors to allow school cost centers to carry forward their unexpended funds from one fiscal year to another, the purpose of the resolution being to eliminate the annual process of requesting permission from the Board of Supervisors each year to carry forward these funds. Mr. Tucker said in response to the School Board's request, the Board may want to consider the following issues: 1) Although the Board may support the resolution and agree in principle that school-based accounts may be carried over from year to year, approval would still be required from the Board of Supervisors for reappropriation before the funds could be spent. 2) In these times of economic instability, school-based funds may be needed at some point to offset a revenue shortfall, fund a needed capital project, school or otherwise, or to maintain or replenish the County's fund balance. If the Board approves in principle the resolution, it may wish to add language stating: "Carry-over of school-based funds is always contingent on the overall financial condition of the County and whether school fund balances are needed to offset a revenue shortfall, fund a capital project, or to maintain or replenish the County's General Fund." Mr. Martin said Mr. Tucker's suggested language is long, and he suggest- ed using the language under the School Board's last bullet. Mr. Bain dis- agreed saying the Board needed to spell it out. Mrs. Humphris felt it needs to be stated that there needs to be Board of Supervisors' determination of all of these conditions. She asked if there were any upper dollar limit on the accruals. Dr. Paskel said the School Board felt that would be related to the size of the school, and if a dollar figure were put in it would penalize a large school like Albemarle High. Mr. Bowerman asked if the chair of the School Board would like to speak. Mr. Mike Marshall, Chairman, said the thought for this was Mrs. Moore's. The School Board has been trying to find a way to get the cost centers in the schools a way to save a little money. They do not get a lot of money which can be accumulated under this policy. No increase in funds had been given to these cost centers for a few years. Under this policy, rather than spending remaining funds on items which are not a high priority, the cost centers could save those funds, transfer them to the next fiscal year which might give them enough money to spend on more necessary items. The School Board is trying to make the cost centers accountable for their choices, and then reward them for doing that. Motion was offered by Mr. Martin, seconded by Mrs. Humphris to adopt the following resolution supporting the resolution presented by the School Board, amended by the addition of the following words: "Carry-over of school-based funds is always contingent on the Board of Supervisors' determination of the overall financial condition of the County and whether School Fund balances are needed to offset a revenue shortfall, fund a capital project, or to maintain or replenish the County's General Fund." RESOLUTION WHEREAS, the Albemarle County School Board, in a resolution dated June 14, 1993, requested the Board of Supervisors to allow school-based accounts to carry forward their unexpended funds from one fiscal year to another under the following conditions: ae A school must submit a plan for the purpose of the use of anticipated carry-over funds to the Superintendent for approval if the amount exceeds $1000; be A school shall be allowed to carry forward no more than ten percent of its annual appropriation in any given year; Ce A school that incurs a deficit situation in one fiscal year will have the deficit amount deducted from the ensuing year's allocation; de Carry-over of school-based funds is contingent upon the availability of these funds based on an analysis of the school division's financial status. If the school fund balances are needed to offset division- wide expenditures, i.e., fuel, compensation, etc., then school balances may not be available or may be prorated for carry-over purposes as determined by the School Board. August 4, 1993 (Regular Day Meeting) 000242 (Page 52) .~ NOW, THEREFORE, BE IT RESOLVEDthat the Board of Supervisors of Albemarle County, Virginia, does hereby support, in principle, the resolution of the School Board with the following added condition: Carry-over of school-based funds is always contingent on the Board of Supervisors' determination of the overall financial condition of the County and whether School Fund balances are needed to offset a revenue shortfall, fund a capital pro- ject, or to maintain or replenish the County's General Fund. Mr. Marshall said he thinks this is an excellent idea. He hopes it carries over into other areas of local government (he really would like to see it be a policy for federal government). He thinks agencies and departments rush out at the end of the budget year to spend any remaining funds they have just because they have them. He thinks this is a step in the right direction for the schools. Mr. Bain said he thinks that at some point the School Board will need to discuss the varied differences in funding of individual schools, particularly at the elementary school level, on how the PTO's supplement one school versus another, particularly as to what are essentials, and what are not essentials in terms of the school-based accounts. Mr. Tucker said in reply to what Mr. Marshall said, and in defense of general government, he does not believe that happens. Departments heads do not go out just to spend money. He can show that most departments return money to the General Fund at the end of the fiscal year to help fund the next year's budgets. He does not want to lose that ability through the School Fund because some day those funds may be needed. That is why he wants that condi- tion spelled out. He has always encouraged everyone to save money. Mrs. Humphris said the departments do not have site-based management which she thinks makes a big difference in the way General Government does business. Mr. Marshall said he does not want to argue, but he disagrees with Mr. Tucker. Mr. Bowerman suggested that Mr. Marshall bring specifics to the Board. Mr. Perkins said Mr. Marshall is right as far as the state and federal government is concerned, but he has never seen that happen in county govern- ment. At this time, roll was called on the foregoing motion which carried by the following recorded vote: AYES: NAYS: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. Agenda Item No. 12a. Discussion: SchoOl Bond Referendum. Mr. Bowerman said for those who read the morning newspaper he would like to emphasize that the Planning Commission has not yet received the Capital Improvement Program (CIP) requests to review, the Board members have not seen a CIP, no decisions have been made on a CIP, and no decision has been made as to whether or not the Board will use a bond referendum to finance any school projects in the CIP. This item was added to the agenda so the Board could talk about it. There are significant issues involved in the requests that will be coming to the Board later. Mr. Tucker handed to the Board members some data to be used while discussing whether or not to hold a bond referendum (titled "Funding and Debt Service Options, FY 1994-95 - FY 1998-99 School Capital Projects, August, 1993). This information contains a listing of just school project requests. These projects are broken into several sections: priority, mandated and other projects. Priority projects are shown with a total of $38,959,400, mandated projects total $1,436,300, and, other projects total $3,042,100, for a grand total of $43,437,800 for just school projects. Of that amount, $26,530,000 is for a new high school and a new northern elementary school. Also, staff noted that these figures do not cover any operations, and the total operational moneys needed to just open the doors of a new high are estimated at $2.8 million, while $1.3 million is needed just to open the doors of a new northern elementary school. Mr. Perkins asked if the operating costs include furniture. Mr. Tucker said some of the furniture costs could be included in a bond issue, but these are other operational costs such as HVAC. Mr. Tucker said the next page shows seven different choices for funding and debt service options: August 4, 1993 (Regular Day Meeting) (Page 53) 000343 Option I Fund all school proje.~s wi~ VPSA or gemral obligation bonds Total f'r,.,e..yeat cost of projects $43,437,800 Increase in total debt seevice ov:r five-years From $5.6 million to $9.8 million Total raw debt s~rvlce $4.15 million Equivaleat tax rat~ increaso $0.082 over five-year p~tiod Debt service ratio to Cr~ral Fund Reaches high of almost 11 pero~nt ha 1996-97 Option H Fund School Board prlori~ and mandated proie.~4s with VPSA or gt, ra~al obligation bonds Total fix~-year ~t of projects $40,395,700 lrarea~ ha total debt s~rvic~ owr five-years Fronx $5.6 mi/lion to $9.5 mli~on Total raw debt setvico $3.8 million Eq~vak~nt tax rat© inertvas~ $0.077 over fiv~.-year lx~riod Debt s~twice~ ratio to G~neral Fu~d Reaebes high of 10.6 l~rt~-~t in 1996-97 Option Ill Fund only high school and north:tn e/ern~tn9, school with VPSA or geraral obl;,e, nti~ Total five-year ce~t of ptojeeta $26,530,000 Irareas~ ha total debt ~rvi~ over fiv~yea~ From $5.6 million to $7.9 million Total new debt s~vd~ $2.3 million Equival~t tax rat~ inc'ma~ $0.046 over five-year Debt s©tvlea ratio to Gea~nd Fund Readqea high of 9.6 l~reent ha 1996-97 Option IV Dire~l¥ fund priori,ty and mandated proiez~s over fi~-year Total five-year cost of projects $40,395,700 In~as~ ha total debt ~rvi~ over five-years No inema~ ha d~bt ~ervlea Total ne~v debt ~rvico Nora Equivalont tax rat~ inemat~ $0.16 over five-year Debt ~evle~ ratio to Gemra! Fund Will be approximately ni~ I~roent Option V Dire~ti¥ fund high school and no~tbem e~er~.m,), school Total five-year ~t of pmje. c~ $26,530,000 Inomase in total debt s~twi~e over five-years No haema~ in debt s~rvloe Total new debt servia. Non~ Equival~nt tax eat~ inema~ $0.10 over five-year l:eriod Debt s~eeiee ratio to Gemini Fvagl Will be approximately nh~ Option VI $ litmai taxb' · Proje. c~d re~/~mgs from split billing in FY 94-95 of $17.0 million Mr. Tucker said many years ago, it was discussed that a new high school might be needed and that would probably be the time when the Board would consider the split billing of the real property tax. He said that time may be here. The option does look good if the County is to go forward with plans for a new high school. Mr. Tucker explained in detail the information set out above using other hand-outs which are on file in the Clerk's Office. This matter was placed on the agenda today for discussion in order for the Board to discuss whether a school bond referendum is what the Board wants to dOo When this idea was discussed with the School Board earlier this year, it was noted that there would be a fairlY tight schedule involved to get this on the ballot for a referendum during this year's general elections in Novem- ber. In order to have such a referencdum, there would need to be an adver- tisement in the newspaper this Friday of a public hearing to be held on Sep- tember 1. After the public hearing were held, the Board would have to obtain an order from the Circuit Court, and this must be done 60 days prior to the General Election. Mrs. Humphris said the education and promotion of such an idea is the important part and is difficult to set up. Mr. Martin asked the cost of a ~pecial election. Mr. Tucker said it is between $10-$12,000o Mr. Martin said if the Board held a special election, the people who are interested in the ~ubject would come out to vote one way or the other, as opposed to a General ~lection when people are there to vote for other thi~ He would prefer :here being a special election if the Board decides to go that route. Mr. Bowerman said he wanted the Board to discuss this today so the ~embers would know what the options are. If the Board does not want to try ~or a referendum in November, it could be ruled out by a positive vote rather ;han being forced into making that decision. Mr. Bain said he thought this .dea was taken care of at the last School Board meeting when the committee to .ook at options for a high school was set up. Mr. Bowerman asked what would happen if there were a special election ~eld and the referendum were turned down. Mr. Martin said it would be up to .he Board members to make a decision about the tax rate or whether there is a ~ew high school or new elementary school. Mr. Bain said there are all kinds ,f possibilities available once a decision is made on what is needed. Mr. [arshall asked if the Board members are going to try to decide on these six .ptions today. Mr. Bain said he does not think the Board needs to do that lthough he thinks this information is important to have and look at. Mr. iarshall said if something is to be advertised by Friday, the Board will need o discuss the options. Mr. Bain said he had not heard any consensus to do hat from the Board members. Mr. Bowerman said that is the reason he placed his item on the agenda. He did not realize the Board had made any kind of - ecision on this matter. He did not even get a copy of the School Board's CIP equests from its chairman until last week. Mr. Bain said there was no formal ote, but that was the sense he had. Mr. Marshall said he thinks the Board eeds a consensus on what it is going to discuss. Mrs. Humphris asked Mr. Tucker if he had considered recommending a eferendum on the meals tax again. Mr. Bain said the referendum being dis- ussed only includes school projects. If the Board ordered a referendum on ~neral obligation bonds, and had a special election for the referendum, a lot August 4, 1993 (Regular Day Me~ting) (Page 54) ~.- .. 000344 of things could be included on that ballot, but there are a lot of things to be looked at before making those decisions. Mr. Bowerman asked when the Planning Commission begins review of the total CIP requests. Mr. Tucker said they will begin soon, with the Board getting the complete package in November. Mr. Bain said there will be a related issue on the November election, and that item will be without education of the people first (the issue of elected school boards). Mr. Marshall said he does not believe it is possible to have a referen- dum on bonds this fall. There just isn't enough time to get ready. Mrs. Humphris said it has not been decided that the Board will even ask to hold a referendum. The Board needs to decide on that issue first. The consensus seems to be that there will be no referendum this November. When, then, does the Board get around to further study and analysis of the options? Mr. Bowerman said that will happen in November when holding work sessions on the CIP. Mrs. Humphris said she thinks a meals tax needs to be included as an option. Mr. Marshall asked why. Mr. Bain said it could be included as one of the options for funding. Mr. Marshall did not believe the Board would put the meals tax back on another referendum. Mr. Martin said this would be different in that it would give the public options to choose from; nothing at all, increase in the tax rate, meals tax, etc. Mr. Bowerman said this would happen after a full public hearing on the CIP. Mr. Marshall said the public has already spoken twice about the meals tax, and he sees no reason to bring it up again. Mr. Bowerman said the CIP requests the School Board sent to the Planning Commission amount to $43.0 million. The Commission will review that with the total package of general government requests and make a recommendation to this Board. When that recommendation is received, the Board will have a work session and then a public hearing on these proposals, and a decision will have to be made at that time on how to proceed. Today, he hears, that there is no willingness whatsoever to have this matter placed on the November 3 ballot this year. Mr. Martin said he would not want this item placed on the general election even if it is decided to have a referendum. He thinks it should be a separate issue. Mr. Perkins said every county citizen is involved in this matter because it will affect their taxes. To have a special election just because only the people who are concerned will come out and vote does not make sense to him. Mrs. Humphris said that is not the only reason to have a special election. The better reason is to have it at a time that suits the Board members and after the public has had sufficient time to study and become informed on the issue. Mr. Perkins said he is not opposed to a special election, but having a special election so the people who are concerned can come out and vote is not a reason to do so. Mr. Martin said he only meant that this one item would be the issue and focus of that particular election. Mr. Perkins said Greene County had a special election and only ten percent of the people came out and voted. Mr. Bain said that was deliberate because they knew the people would not come out and vote. That was mentioned in the newspaper. Mr. Marshall said he is frightened of the prOcess and agrees with Mr. Perkins. Mr. Martin said that is not why he had mentioned this. Mr. Perkins said he thinks the Board needs to look at other ways of delaying construction of the high school, so maybe six months is not that important. That would give one more school year to do some things that are not comfort- able, such as mobile classrooms. Mr. Bowerman said the lead time on a high school is about four years. So far, the county has not built and opened a new school that was not at or near capacity at the time it opened. Mr. Bowerman thanked the County Executive for the work done on this issue. He said it clarifies the issues the Board will have to deal with in the future. (It was the consensus that the Board is not ready to try for a referendum during the next general election in November, 1993. No decision was made as to when, or if, a referendum will be held.) Agenda Item No. 13a. Appropriation: Moderate Rehabilitation Grant. Mr. Tucker said this is an appropriation for the FY 1992-93 Housing ~ssistance Payment Program administered by the County's Housing Division. Motion was offered by Mr. Bain, seconded by Mr. Martin, to adopt the following resolution of appropriation approving the appropriation as request- sd. Roll was called and the motion carried by the following recorded vote: RYES: ~AYS: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. August 4, 1993 (Regular Day Meeting) (Page 55) FISCAL YEAR: 92/93 NUMBER: 920079 FUND: MODERATE REHABILitATION GRANT PURPOSE OF APPROPRIATION: APPROVAL OF FY 92/93 OPERATIONS 000345 EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1122781920579001 HOUSING ASSISTANCE PAYMENTS 1122781920579002 VACANCY LOSS pAyMENTs 1122781920579003 DAMAGE/UNPAID RENT 1122781920579004 UTILITY REIMBURSEMENT 1122781920312800 AUDIT TOTAL $900,500.00 4,100.00 600.00 19,500.00 400.00 $925,100.00 REVENUE DESCRIPTION AMOUNT 2122733000330001 MODERATE REHAB-FEDERAL $925,100.0U TOTAL $925,100.00 Agenda Item No. 13b. Appropriation: DMV Mini Grant. Mr. Tucker said heavy window tinting of vehicles reduces visibility of motorists and makes enforcement of safety restraint violations difficult. The 1993 General Assembly provided for the use of tint meters for enforcement purposes. The use of tint meters by the Police Department should increase highway safety for all drivers, especially at night. Purchase of tint meters will be 100 percent funded from a Division of Motor Vehicles Grant. Motion was offered by Mr. Perkins, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. FISCAL YEAR: 92/93 NUMBER: 90078 FUND: DMV GRANT PURPOSE OF APPROPRIATION: FUNDING OF TINT METERS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 2153033000330304 DMV GRANT'TINT METERS ~$1,230,50 TOTAL $1,230,50 REVENUE DESCRIPTION AMOUNT 2153033000330304 DMV GRANT-TINT METERS TOTAL $1,230.50 $1,230,50 Agenda Item No. 13c. Appropriation: Artists-in-Education Residency Grant. In a memorandum from Dr. Robert W. Paskel, Division Superintendent, dated July 19, 1993, he noted that this grant will center upon activities that develop awareness of African arts, promote a positive attitude toward African arts and culture, and provide opportunities and encouragement through training in the performing arts for children to share artistic performance processes and products with the community. In addition, the Stony Point Elementary School committed $2723 to this project from its building level allocation and the Stony Point PTO will contribute $500. Motion was offered by Mr. Marshall, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930005 FUND: SCHOOL PURPOSE OF APPROPRIATION: FUNDING FOR ARTISTS-IN-EDUCATION RESIDENCY GRANT AND DONATION TO STONE-ROBINSON ELEMENTARy SCHOOL EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1221161101312500 PROF SERVICES'INSTRUCTIONAL 1221061101601300 INSTRUCTIONAL SUPPLIES TOTAL $2,723.00 3,OOO.0O $5,723.00 August 4, 1993 (Regular Day Meeting) (Page 56) REVENUE DESCRIPTION 000346 AMOUNT 2200024000240256 VA COMM OF THE ARTS-STATE GRANT 2200018100181135 DONATIONS TOTAL $2,723.00 3,000.00 $5,723.00 Agenda Item No. 13d. Appropriation: Migrant Identification and Recruitment Grant. Dr. Paskel notes that George Irby and Dianne Pollard, the project directors in the Virginia State Department, have requested the Albemarle Regional Migrant Program to serve as the fiscal agent of these funds. The grant will run for a fifteen-month period only, from July 1, 1993, to Septem- ber 30, 1994. A local migrant recruiter will coordinate identification and recruitment of migrant children and families in the Commonwealth. That person will hire and train recruiters around the state to make sure all eligible migrant students are located and adequately served. Motion was offered by Mr. Martin, seconded by Mr. Bain, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930004 FUND: MIGRANT PURPOSE OF APPROPRIATION: MIGRANT IDENTIFICATION & RECRUITMENT GRANT EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1311461101110000 SALARIES 1311461101210000 FICA 1311461101221000 VRS 1311461101550100 MILEAGE-ROUTINE TRAVEL TOTAL $48,400.00 3,702.60 2,589.40 8,000.00 $62,692.00 REVENUE DESCRIPTION AMOUNT 2311433000300001 MIGRANT-FEDERAL GRANT TOTAL $62,692.00 $62,692.00 Agenda Item No. 13e. Appropriation: Award for Assessment Research and Development from the Virginia Department of Education. Dr. Paskel noted that this award is the result of an ongoing conversa- tion during the 1992-93 school year among six schoOl divisions and two institutions of higher learning. Participants are Albemarle, Fluvanna, Greene, Orange and Rockingham, the City of Harrisonburg, Piedmont Virginia Community College, and the University of Virginia's Curry School of Education. This project will be used to develop alternative assessments and staff development materials as part of the World Class Education initiative. Albemarle County will serve as fiscal agent for this award. Motion was offered by Mr. Marshall, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930006 FUND: RESEARCH & DEVELOPMENT PURPOSE OF APPROPRIATION: AWARD FOR ASSESSMENT RESEARCH AND DEVELOPMENT FROM THE VIRGINIA DEPARTMENT OF EDUCATION EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1311361311111400 SALARIES 1311361311115000 SALARIES-OFFICE CLERICAL 1311361311160300 STIPENDS 1311361311210000 FICA 1311361311221000 VRS 1311361311231000 HEALTH INS 1311361311232000 DENTAL INS 1311361311270000 WORKERS COMP 1311361311312700 PROF SERVICES-CONSULTANTS 1311361311550100 TRAVEL MILEAGE 1311361311601300 EDUC/RECREATION SUPPLIES 1311361311601700 COPY SUPPLIES 1311361311520100 POSTAGE $50,000.00 7,000.00 27,000.00 6,426.80 6,475.00 2,319.00 90.00 200.00 7,500.00 2,880.00 3,168.00 500.00 350.00 AUgust 4, 1993 (Regular Day Meeting) Page 57) ~. 000347 (Continued) EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1311361311520301 TELEPHONE-LOCAL 1311361311520302 TELEPHONE-LONG DISTANCE 1311361311580500 STAFF DEVELOPMENT TOTAL 450.00 450.00 10,200.00 $125,000.00 REVENUE DESCRIPTION AMOUNT 2311324000240255 RESEARCH &DE~OP~NTAWARD TOTAL $125,000.00 $125,000.00 Agenda Item No. 13f. Appropriation: Virginia Commission of the Arts Grant. Mr. Tucker noted that each year the County applies for a Local Govern- ment Challenge Grant from the Virginia Commission of the Arts to supplement the County's contribution to the Virginia Discovery Museum and the Piedmont Council of the Arts. In anticipation of those additional grant funds staff attempts to appropriate the full amount during the budget work sessions based on prior year grant amounts. For FY 93-94, a $2000 grant was projected, which was an additional $1000 to the local appropriation to each arts agency. The Virginia Commission of the Arts grant for FY 93-94 has been awarded in the amount of $2230, therefore, necessitating an additional $115 appropri- ation to each agency. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930009 FUND: GENERAL PURPOSE OF APPROPRIATION: ADDITIONAL FUNDING FROM VIRGINIA COMMISSION OF THE ARTS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION 1100079000560401 VIRGINIA DISCOVERY MUSEUM 1100079000560410 PIEDMONT COUNCIL TOTAL AMOUNT $115.00 115.00 $230.00 REVENUE DESCRIPTION AMOUNT 2100024000240418 VIRGINIA COMMISSION OF THE ARTS TOTAL ~230100 $230.00 Agenda Item No. 13g. Appropriation: Comprehensive Services Act Fund/United Way Child Care Fund. Community Services Act Fund. Mr. Tucker said the request is to appro- priate a total of $918,511 to administer state and local matching funds for the Comprehensive Services Act (CSA) Fund. The newly formed Community Policy and Management Team (CPMT) composed of representatives from Social Services, Region Ten, the Health Department, the schools and the courts will jointly administer a pool of funds that were previously in separate funding streams imanaged by each individual agency. The Albemarle pool includes $413,330 in local matching funds, $319,010 from former foster care line items in the Social Services Department, $10,000 from residential education services in the School Fund, and $81,320 in supplemental matching funds approved by the Board in the FY 93-94 budget. Based on a 45 percent local match, $505,181 in state funds will be added for a total funding pool for Albemarle County of $918,511. By comparison, the total actual funding pool in FY 91-92 was $769,950, $342,400 in local funds and $427,545 in state matching funds at a local funding ratio of 45 percent. The FY 93-94 funding pool of $918,511 will be used to provide a variety of services, including foster care, counseling, residential education pro- grams, etc. to Albemarle youth based on decisions of the Community Policy and Management Team. United Way Child Day Care Fund. Mr. Tucker said the County is to administer funds in the amount of $273,938 for the Federal Day Care Pass- Through Fund, for which the County acts as fiscal agent. This is the second year of an agreement between the County, the City of Charlottesville, and the United Way Child Care Scholarship Program to join together to pull down matching Federal day-care monies for child-care scholarships. Under this agreement for FY 93/94, the County's General Fund contribution of $31,200, the City's contribution of $67,058 to United Way, and United Way's own funds of August 4, 1993 (Regular Day Meeting) 000 48 (Page 58) $38,711 are pooled together to create a total fund of $136,969. This fund is then matched by $136,969 in Federal dollars for a total fund of $273,938. As fiscal agent, the County must appropriate the total fund amount of $273,938, but the only County funds in the pass-through fund are $31,200, which reflects the County s FY 93-94 appropriation to United Way in the operating budget. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to adopt the following resolution of appropriation approving the request for the Comprehen- sive Service Act. Roll was called and the motion carried by the following recorded vote: %YES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. ~AYS: None. FISCAL YEAR: 93/94 NUMBER: 930007 FUND: CSA PURPOSE OF APPROPRIATION: FUND FOR COMPREHENSIVE SERVICE ACT EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1155153120300205 ADMINISTRATIVE SERVICES 1155153120571211 CSA RESID. PUBLIC MANDATED 1155153120571212 CSA RESlD. PRIVATE MANDATED 1155153120571213 CSA NON-RES. PUB. MANDATED 1155153120571214 CSA NON-RES. PRIV. MANDATED 1155153120571215 CSA RES. PUB. NON-MANDATED 1155153120571216 CSA RES. PRIV. NON-MANDATED 1155153120571217 CSA NON-RES. PUB. NON-MANDATED 1155153120571218 CSA NON-RES. PRlV. NON-MANDATED TOTAL $9~413.00 113 639.00 113 637.00 113 637.00 113 637.00 113 637.00 113 637.00 113 637.00 113,637.00 $918,511.00 REVENUE DESCRIPTION AMOUNT 2155116000160521 LOCAL-ALBEMARLE COUNTY 2155116000160522 LOCAL-DEPT OF EDUCATION 2155124000240109 CSA-STATE POOL FUNDS TOTAL $403,330.00 10,000.00 505,181.00 $918,511.00 Motion was offered by Mr. Marshall, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request for the United Way Child Day Care Program. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR:93/94 NUMBER: 930008 FUND: UNITED WAY PURPOSE OF APPROPRIATION: FUNDING FOR UNITED WAY CHILD DAY CARE PROGRAM EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1155053110390055 ADH FEE-ALBE~E COUNTY 1155053110390056 ADM FEE-UNITED WAY 1155053110567910 UNITED WAY-DAY CARE GRANT TOTAL $ 5,500.00 35,612.00 232,826.00 $273,938.00 REVENUE DESCRIPTION AMOUNT 2155033501160502 CITY OF cHARLOTTESVILLE $67,058~00 2155033501160503 COUNTY OF ALBEMARLE 31,200.00 2155033501160525 UNITED WAY MATCHING FUNDS 38,711.00 2155033501330014 NHS UNITED WAY GRANT 136,969.00 TOTAL $273,938.00 Agenda Item No. 13h. Appropriation: Virginia Department of Forestry - Southern Pine Beetle Control. Mr. Tucker said that presently, the citizens of Central Virginia are facing the loss of tree cover as a result of a major southern pine beetle outbreak. Coupled with the presence of the gypsy moth and the hemlock wooly adelgid, the small landowner/homeowner is in need of information on alterna- tives for dealing with this pest. The ultimate goal of this project is to create and provide a video, slide presentation, brochure and other information as tools to help educate citizens about the southern pine beetle and its effects upon urban forestry. These education tools would be made available to schools, libraries, homeowners' associations, the VPI-SU Extension Service and other interested parties in the area. %ugust 4, 1993 (Regular Day Meeting) 000349 (Page 59) ~ ~. ..... ~.~.~:~ ......... The grant consists of $8360 awarded by the Virginia Department of Forestry, $5280 local "in-kind" match, and $4650 in donated services for a :total of $18,290. The local match will be provided from funds already .allocated to the Gypsy Moth Program. There will be no additional cost to the iCounty. Mo%ion was offered by Mr. Bain, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930012 FUND: GYPSY MOTH PURPOSE OF APPROPRIATION: FUNDING FOR SOUTHERN PINE BEETLE CONTROL EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1123034010390000 OTHER PURCHASED SERVICES 1123034010550110 TRAVEL-POOL CAR 1123034010601400 OTHER OPERATING SUPPLIES 1123034010800100 MACHINERY & EQUIPMENT TOTAL $2,050.00 350.00 2,460.00 3,500.00 $8,360.00 REVENUE DESCRIPTION AMOUNT 2123033000330001 GRANT REVENUE-FEDERAL TOTAL $8,360,00 $8~360.00 Agenda Item No. 13i. Appropriation: Pre-trial Diversion Grant. Mr. Tucker said this is an on-going grant from the Virginia Department of Criminal Justice Services. It will be administered by Offender Aid and iRestoration (OAR). Pre-trial services are to be provided in the Albemarle County District Court, Circuit Court and in the Juvenile and Domestic Rela- tions Court. The services to be provided include interviews and bond recom- mendations, post bond monitoring to ensure appearance in court, and intensive supervision for clients demonstrating problems and great need. The County is the designated fiscal agent. Motion was offered by Mr. Bain, seconded by Mrs. Humphris, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. FISCAL YEAR: 93/94 NUMBER: 930010 FUND: GENERAL PURPOSE OF APPROPRIATION: OAR PRE-TRIAL DIVERSION GRANT FUNDS EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100039000566110 OAR PRE-TRIAL DIVERSION TOTAL $62,753.00 $62,753.00 REVENUE DESCRIPTION AMOUNT 2100024000240421 OAR PRE-TRIAL DIVERSION TOTAL $62,753,00 $62,753.00 Agenda Item No. 13j. Appropriation: OAR Citizens Volunteers Grant. Mr. Tucker said this is an on-going Grant from the Virginia Department of Criminal Justice Services. It will be. administered by Offender Aid and Restoration (OAR). OAR will develop programs which provide citizen volunteer services to inmates in jail. The volunteers will provide literacy, counsel- ing, family support, transitional support and other services to inmates. These services will improve the environment of the jail and assist the inmates upon release into society. The County is the designated fiscal agent. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to adopt the following resolution of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. August 4, 1993 (Regular Day Meeting) (Page 60) ~ FISCAL YEAR: 93/94 NUMBER: 930011 FUND: GENERAL PURPOSE OF APPROPRIATION: OAR CITIZEN VOLUNTEERS GRANT EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ooo85o 1100039000566120 OAR CITIZEN VOLUNTEERS TOTAL $67,585.00 $67,585.00 REVENUE DESCRIPTION AMOUNT 2100024000240422 OAR CITIZEN VOLUNTEERS TOTAL $67,585.0u $67,585.00 Agenda Item No. 13k. Appropriation: CIP - Gordon Avenue. Mr. Tucker said repairs and maintenance at the Gordon Avenue Library are taken care of administratively by the City of Charlottesville With each locality sharing equally in this cost. Repairs to the HVAC system ($6,200.82) and roof ($5211.15) during FY 92/93 totaled $11,411.97. These items were unanticipated and there are no funds currently appropriated to cover these expenses. Due to the favorable bid received on the Juvenile Court roof replacement, excess funds can be transferred from that project to cover the County's share of the costs ($5705.99) for the Gordon Avenue Library. Motion was offered by Mr. Marshall, seconded by Mr. Bain, to adopt the following resolution~ of appropriation approving the request. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. FISCAL YEAR: 92/93 NUMBER: 920080 FUND: CAPITAL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FROM J~NILE COURT TO GORDON AVENUE LIBRARY TO COVER REPAIRS AND MAINTENANCE EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900073020950040 GORDON AVE. Library 1900021050331000 J&D COURT TOTAL $5,705,99 (5,705.99) $o.oo REVENUE DESCRIPTION AMOUNT TOTAL $0.00 Agenda Item No. 14. 1:30 P.M. - Executive Session: Personnel Matters. At 12:31 p.m., motion was offered by Mr. Bain, seconded by Mrs. Humphr- is, to adjourn into executive session under Virginia Code §2.1-344A.1 to discuss personnel matters relating to interviews for board and commissions, and to discuss the appointment of a county attorney. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. Agenda Item No. 15. Certify Executive Session. At 3:05 p.m., the Board reconvened in Room 5/6. Motion was offered by Mr. Bain, seconded by Mrs. Humphris to adopt the following resolution of certification: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirma- tive recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 and 2.1-344.A.7 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformi- ty with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as August 4, 1993 (Regular Day Meeting) (Page 61) '~ 00085 1 were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. Agenda Item No. 15a. Appointments. Motion was offered by Mr. Martin, seconded by Mr. Bain, to appoint Ms. Elsie T. Fyrer to the Regional Disability Services Board with said term to expire on July 1, 1995. Motion was offered by Mr. Martin, seconded by Mr. Bain, to appoint Mr. Clark C. Jackson to the Community College Board of Directors with said term to expire on June 30, 1997. Motion was offered by Mr. Marshall, seconded by Mr. Bain, to appoint Mr. Fred W. Shields, Jr., to the Land Use Classification Appeals Board with said term to expire on September 1, 1995. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to appoint Ms. Diane Jackson to the BOCA Code Board of Appeals and Fire Prevention Code Board of Appeals with said term to expire on August 21, 1998. Motion was offered by Mrs. Humphris, seconded by Mr. Bain, to appoint Mr. David Booth and Mr. Frederick L. Huckstep as alternate members on the BOCA Code Board of Appeals with said terms to expire on August 21, 1998. AYES: NAYS: Motion was offered by Mr. Bain, seconded by Mr. Marshall, to appoint Ms. Nancy Whiting Barnett to Jordan Development Corporation with said term to expire on August 13, 1994. Roll was called and the motions carried by the following recorded vote: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. None. Agenda Item No. 16. 3:00 P.M., Joint Meeting with School Board. SCHOOL BOARD MEMBERS PRESENT: Messrs. WilliamW. Finley, George C. Landrith, III, Michael J. Marshall and Mrs. Karen L. Powell. SCHOOL BOARD MEMBERS ABSENT: Mr. Clifford W. Haury, Mrs. Patricia L. Moore and Mrs. Sharon Wood. OFFICERS PRESENT: Dr. Robert W. Paskel, Superintendent of Schools, and Ms. Laura Dietrick, Senior Employee Benefits Technician. At 3:09 p.m., Mr. Bowerman and Mr. M. Marshall called the joint meeting of the Board of Supervisors and School Board to order. Mr. Tucker informed the two Boards that Items 16a and 16b would be discussed together. Item 16a. Discussion: Blue Cross/Blue Shield rates. Item 16b. Status Report: Retirees Health Care. Ms. Dietrick said the County's hospitalization insurance contract for employees of both local government and the school division is scheduled to be renewed on October 1, 1993. As previously reported, the Health Care Advisory Committee, made up of both school and local government employees, was esta- - blished in April to discuss employee concerns regarding health insurance. This Committee, after much consideration, has made a recommendation to change the 1993-94 health insurance offered to all County staff. Ms. Dietrick said the Committee did not recommend extensive changes to the plans based on information from Blue Cross/Blue Shield that there will be a Health Maintenance Organization (HMO) in the Charlottesville area in early 1994. In addition, the two Boards requested that employees be surveyed about including retirees in the active pool of subscribers. August 4, 1993 (Regular Day Meeting) 000~2 (Page 62) ~ ~ ........ i~i ~ ~ ~ As reported to the two Boards earlier, the County has incurred a signi- ficant deficit in its self-funded health care program, largely due to higher than projected expenses and several costly claims incurred during this year. This deficit was a major consideration when the Committee developed its final proposal with the intent of changing benefit design to offset the majority of this deficit in a 12 month period, beginning October 1, 1993. It was the goal to change the design rather than to significantly increase premiums to cover the deficit on top of what was anticipated to be a 20 percent increase in premiums due to medical inflation. The Committee felt strongly that an employee/spouse option should be offered to employees this year in addition to employee, employee/minor, and family coverage. On the other hand, Committee members recommend that the retiree premiums be rated separately so as not to adversely affect the rates of current employees. The Committee would like to wait a year to evaluate the retirees' experience and determine at that time if retirees should be included with the active employees. Ms. Dietrick then summarized the proposed plan design and premium schedule for the 1993-94 plan year. In summary, the Committee proposes to continue offering three plans, however, the KeyCare I plan would be eliminated and a new KeyCare II plan would be added in its place. Modified versions of KeyCare III and Comp 500 would still be offered. It should be noted that the Committee was given information that the KeyCare I plan presently offered by the County is no longer being sold by Blue Cross/Blue Shield to new groups as it is perceived to be too all-encompassing to be cost-effective. In an effort to control rising costs by having the employees that use the program partici- pate to a greater extent proportionate to the costs, the proposal made by the group would offer a KeyCare II, a KeyCare III, and a Comp 500 plan for 1993- 94. The Committee recommends that the Board of Supervisors and School Board approve the proposed health insurance plan and rate schedule for the 1993-94 plan year, beginning October l, 1993. Mr. Bain asked how many employees utilized the Employee Assistance Pro- gram (EAP) during FY 1992-93. Ms. Dietrick did not have the exact figure, but said a majority of the employees did not utilize the service. Ms. Dietrick then discussed the prescription drug program and said the Committee wants to make sure that all employees are aware of the mail order drug program. Employees can purchase a three month supply of certain pre- scriptions through the mail for $10 (generic) and $17 (brand). Mr. F. Marshall commented that 65 percent of all prescriptions written for mainte- nance drugs are brand name drugs. The proposed increase (from $7 to $15) for brand name drugs is penalizing employees for something which they have no control. Most new medications are expensive and do not have generics. Mrs. Dietrick said the main reason for this recommended increase is to help offset the deficit. Blue Cross had indicated to the Committee that changing the drug program would incur some money to help pay off the deficit. Mr. Bain asked how many of the claims were for in-patient psychiatric treatment. Ms. Dietrick said admissions increased 100 percent and claims increased approximately 70 percent. The number one doctor used during the year was a chiropractor. In FY 1992-93 the amount of claims for nervous/ mental for in-patient was $133,523; in FY 1991-92 that amount was $76,310. Mr. M. Marshall asked what percentage of the claims were for mental health. Mr. Richard Huff, Deputy County Executive, responded that mental health claims were between ten and eleven percent which is higher than the normal. Ms. Dietrick said Blue Cross anticipates that employees currently enrolled in KeyCare I will enroll in KeyCare II, and employees enrolled in KeyCare III and Comp 500 will stay in those respective plans. There may be some problems if employees enroll in KeyCare III and Comp 500 instead of KeyCare II. KeyCare II is the highest cost and that.is being used to offset the deficit. Currently 51 percent of the employees are enrolled in KeyCare I, 44 percent are enrolled in KeyCare III and five percent are enrolled in Comp 500. In response to a question, Mrs. Dietrick said at this time there are 21 retirees enrolled in the retiree insurance program. Ms. Dietrick said Blue Cross projected a $630,000 deficit as of Septem- ber 30, 1993. The County will remit a $180,000 payment to Blue Cross prior to October 1, 1993 which lowers the deficit to $450,000. Depending on enrollment selection, the County may need to increase premiums during the plan year. Mr. Marshall felt the County needed to consider including retirees with the active employees. By not allowing retirees to participate in the County's group plan, takes away an incentive for early retirement. He knows this would cost more money , but he thinks it is important. Mr. Bowerman asked why the Board of Supervisors elected to keep separate plans. Mr. Tucker said that is being recommended to the two Boards today. The Boards have not taken action on the issue. A survey of the employees indicated that the employees were willing to include the retirees in the County's group plan. When the Committee looked at what it would cost the employees, it decided to separate the plans and then review the plan after a year of experience. Employees are not only facing a 20 percent increase in rates, but also the deficit. This increase in health rates will erase most of the salary increase that employees received. Mr. F. Marshall said he under- stands that, but if this is separated for a year, it will continue because that is where the highest cost of claims are going to occur. He feels that the County needs to look at after its loyal employees; those people who worked · 000353 August 4, 1993 (Regular Day.~Me~ting) (Page 63) for many years need to know when they retire they will continue to have health care benefits, and to do them justice they need to be included in the County's group plan. Mr. Tucker said he would agree with that if the Board was willing to provide additional funding toward the program. Right now the program is self-insured; the employees are paying for it. Mr. Bain commented that a small percentage (18 percent) of the employees returned the survey. Mr. Tucker said including retirees in the group plan is the same as asking employees to subsidize retirees. Mr. F. Marshall said he would like to see the Board plan to budget that in the future. Mr. Bowerman said that is a significant sum of dollars. Mr. F. Marshall said rather than see increases in salary he would prefer the increase to go to health insurance where all employees would benefit. Mr. Perkins said most of the retirees he has talked to are happy to have insurance. He thinks insurance is a factor that someone has to look at when deciding to retire. Mrs. Powell said one issue she thinks need to be carefully considered is the number of years the person worked for the County before retiring. There should probably be a stipulation that the retiree had to have worked for the County for a minimum number of years. Motion was then offered by Mr. Martin, seconded by Mr. Bain, to approve the health care plan and rate schedule for the 1993-94 plan year beginning October 1, 1993 as presented and set out on Attachment 2 (on file). Staff is to reexamine the retiree's health insurance plan in a year to evaluate the retirees experience and determine if they should be included with the active employees. Mr. F. Marshall asked if any other insurance companies were approached for bids on the health care plan. Ms. Dietrick said the Committee did not go to bid, but it did look at a couple of other plans. Blue Cross Stated that if the County went to another plan it would have to go to a third party admini- strator and pay the deficit off within a short time period. Next year the Committee will look at other plans. Mr. M. Marshall wondered if the Boards should not approach its state legislators with the idea of allowing local government units to buy into the state's plan where localities would' pay the cost of having their insurance through that plan. He thinks that would allow for much lower costs. Mr. Tucker said that is already permitted but the County wanted the state to allow the County to join its group. The state would not allow it. The state did allow some of the smaller localities to have separate groups under its plan. The County looked at that but determined that it would not save any money. Mr. Bowerman then suggested staff bring back to the Board of Supervisors an analysis on the implications of requesting the legislators to allow local governments to join the state's health care plan. Mr. Tucker said he would also provide the Board with information on how the County's plan differs from the state's plan in terms of what is offered. Mr. F. Marshall said he thinks Blue Cross is holding this deficit over the County's head because it is self-insured and he thinks there is a better deal out there. He also thinks Blue Cross is going to force the County to use the HMO. Mrs. Powell asked if persons from various job classifications responded to the survey. Ms. Dietrick said the survey did not ask for job title. Mrs. Powell added that employees in the lower paying positions may not find it as easy to carry the weight of the retirees. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Bain. NAYS: None. Motion was then offered by Mr. Finley, seconded by Mrs. Powell, to approve the health care plan and rate schedule for the 1993-94 plan year beginning October 1, 1993 as presented and set out on Attachment 2 (on file). Staff is to reexamine the retiree's health insurance plan in a year to evaluate the retiree's experience and determine if they should be included with the active employees. On a voice call vote, all voted aye. There were no nays. Item 16c. Other Matters Not Listed on the Agenda. Mr. Martin said his appointee to the School Board has a difficult time attending 3:00 p.m. joint meetings. He asked the Board of Supervisors and School Board to consider scheduling the joint meeting at a different time on alternate months. He suggested on alternate months the Boards meet at 6:00 p.m. on the Monday before the regular School Board meeting. Mr. Bowerman suggested Mr. Tucker and Dr. Paskel discuss the idea and make a recommendation to their respective Boards. At 3:53 P.M., the Chairman of the Board of Supervisors called a recess. August 4, 1993 (Regular Day Meeting) 000854 (Page 64) At this time motion was offered by Mrs. Powell, seconded by Mr. Lan- drith, to adjourn the School Board meeting. The Board reconvened at 3:59 P.M. Agenda Item No. 17. Other Matters not Listed on the Agenda from the BOARD. Mrs. Humphris asked the Board to keep in mind the conditions at the Joint-Security Complex when it begins work on the next update of the Capital Improvements Program. It should be a top priority of this Board that its employees work in humane conditions and the inmates exist in humane condi- tions. The hot temperatures at the Complex not only affect inmates, but also affect correctional officers. Mrs. Humphris announced that the State Water Commission has started discussions on developing a state-wide water policy for the Commonwealth. She feels it is crucial for this Board to monitor and participate in the discus- sions to see what direction they are going and to know the implications to Albemarle County. Mrs. Humphris announced that a joint subcommittee of the legislature is reviewing the reimbursement system of financing and operating jails. This will be important to the Charlottesville/Albemarle community because the committee is talking about dividing operational funding responsibilities reasonably between the state and the localities. She feels the Board needs to prepare for that now because it might find that a significant load of opera- tional expenses for the jails will become the responsibility of the locality. Mrs. Humphris discussed an article in The Daily Proqress which indicated that the Board had made a deal with the developer (Wendell Wood) which contri- buted to the Board's decision to allow him to build a mobile home park. She emphasized that no deal was made by anybody on the Board and the Board had nothing to do with the contract for construction of the sewer line to the Airport. Mrs. Humphris said she received a call from a constituent about leaf burning on Old Forge Road and suggested that the Board take a look at the whole issue of leaves. The constituent insisted that there are too many leaves to compost and he is looking for some creative ideas to get rid of the leaves. She thinks it is time the Board consider a service district. Mr. Tucker informed the Board that Rivanna Solid Waste Authority has contracted with a consultant to do a study for a regional composting area for the City of Charlottesville, and urban and growth areas of the County primarily for leaf collection and composting. The study should be completed soon. Mrs. Humphris mentioned recent disturbances outside of a dance hall in Shopper's World. This is not the kind of activity the Board wants to have going on in the County and she thinks the Board needs to look at ways to deal with this kind of situation. Mr. Tucker indicated that he would talk with the Chief of Police to see how extensive and continuous their policing efforts will be. Mr. Perkins said last month the Board received a report from the County Executive about creating a service district, particularly for fire protection for which the County pays to the City. The staff recommended against pro- ceeding with a service district for fire protection. He thinks there is a need for service districts. He thinks a fire service district offers an excellent opportunity to create a service district. County residents who are ten or more miles outside of Charlottesville do not benefit from this fire service. He asked that the Board reconsider the issue of a service district for fire protection and request the staff to work out the details and move forward. He does not think it is fair to the majority of the citizens of the County to pay the City for fire protection that they get no benefit from. Each community in the County has different needs. Mr. Bowerman said he has a problem with differentiating public safety. He has a lot of concern with a service district for fire protection because fire is a health and safety issue. Mrs. Humphris and Mr. Bain agreed. Mr. Bowerman said he is not opposed to the concept of service districts but he would rather the request come from the citizens, and not have the Board go to referendum on something the citizens do not want. Mr. Martin felt that if a service district is going to be established it should be for a service that is not already offered. After some discussion, it was the consensus of the Board that staff redo its report on the fire service contract taking into account comments made by Mr. Perkins, and identifying issues and costs. The report is to come back to the Board for review. oooasS August 4, 1993 (Regular DaY Meeting) (Page 65) Mr. Bain announced that the Thomas Jefferson Planning District Commis- sion has gotten access to a grant for a pollution measuring device to measure air quality in this region. Agenda Item No. 18. Adjourn. With no further business to come before the Board, the meeting was adjourned at 4:39 p.m.