1988-02-03February 3, 1988 (Regular Night Meeting)
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556
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on February 3, 1988, at 7:30 P.M., Meeting Room 7, County
Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Messrs. Edward H. Bain, Jr. and F. R. Bowie, Mrs. Patricia H.
Cooke, Messrs. C. Timothy Lindstrom, Walter F. Perkins and Peter T. Way.
ABSENT: None.
OFFICERS PRESENT: County Executive, Guy B. Agnor, Jr.; County Attorney,
George R. St. John; and County Planner, John T. P. Home.
Agenda Item No. 1. The meeting was called to order at 7:30 P.M. by the
Chairman, Mr. Way.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Momenn of Silence.
Agenda Item No. 4. Consent Agenda. Motion was offered by Mr. Lindstrom,
seconded by Mrs. Cooke, to accept the items on the consent agenda as infor-
mation. There was no discussion. Roll was called and the motion carried by
the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, XPerkins and Way.
NAYS: None.
Item 4.1. A copy of the Albemarle County 1987 Annual Report was received
as information.
Item 4.2. The 1987 Year End Building summary from the County Department
of Planning and Community Development was received as information.
Item 4.3. County of Albemarle, General District Court, Report on Audit
for the Year ended June 30, 1987, received from the Auditor of Public Accounts
as information.
Item 4.4. A report entitled "Quarterly and Annual Crime Statistics"
dated January 28, 1987, from Police Chief Frank W. Johnstone, received as
information.
Item 4.5. Arbor Crest Apartments (Hydraulic Road Apts.) Bond Program
Report and Monthly Report for December, 1987, received as information.
Item 4.6. Notice from the Department of Transportation dated January 21,
1988, stating willingness to hold a combined.location and design public
hearing concerning the spot improvements of Route 631 (Rio Road) at the
intersections of Routes 659, 768 and Agnese Street received.
Item 4.7. Copies of the Planning Commijsion's Minutes for January 12 and
January 19, 1988, received as information.
Agenda Item No. 5. SP-87-100. George Garrison. To locate a double-wide
mobile home on vacant four-acre lot zoned RA,' Rural Areas. Property is
located 600 feet on a private drive off Rt. 795, northwest of intersection
with Rt. 727. Tax Map 103, Parcel 21, Scottsville District.
Mr. Horne gave the staff's report as follows:
"Character of the Area: Within a one mile radius of this parcel, at
least six mobile homes can be found. The parcel has a 25 foot access
easemenL deeded across Parcel 50, with an entrance onto Route 795.
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February 3, 1988 (Regular Night Meeting)
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The topography of the parcel is relatively flat, heavily wooded, and
is bisected by an intermittent stream. The site cleared for the
mobile home is well buffered from Route 795 and all adjacent parcels
by mature forest and steep slopes. A steep bank slopes downward from
Route 795 to the parcel. Parcel 22, adjacent to the rear, is separat-
ed from this parcel by a steep slope. Trees buffer the mobile home
site from Parcel 50 and the access road.
Staff Comment: One objection has been received by staff from the
owners on Parcel 50. No specific reason was stated. In staff's
opinion, the applicant has chosen a well-buffered site on his property
to locate the mobile home. It won't be visible from Route 795 nor
from adjacent parcels. No other dwellings are in the immediate
vicinity.
Should the Commission recommend approval of this petition, staff
recommends the following conditions of approval:
1. Compliance with Section 5.6.2 of the County Zoning Ordinance;
2. Mobile home shall be located as indicated by sketch on plat by
Robert Lum, dated October 14, 1987 (revision).
Mr. Horne said the Planning Commission, at its meeting on January 26,
1988, unanimously recommended approval of this petition with the conditions
recommended by the staff.
The public hearing was opened. Mr. Garrison was present in support of
the petition. He said that the adjoining owner who raised the objection will
not be able to see his mobile home as it is to be placed in a heavily wooded
section.
No one else rose to speak, and the public hearing was closed. Mr. Bowie
then offered motion to approve SP-87-100 with the conditions recommended by
the Planning Commission.
1. Compliance with Section 5.6.2 of the County Zoning Ordinance;
2. Mobile home shall be located as indicated by sketch on plat by
Robert Lum, dated October 14, 1987 (revision).
Mr. Bowie's motion was seconded by Mrs. Cooke. There was no further
discussion. Roll was called and the motion carried by the~ following recorded
vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindst~om, Perkins and Way.
NAYS: None.
Agenda Item No. 6. Pay/Classification Plan Revisions.
Mr. Agnor said that two weeks ago the consultants presented the report,
it was briefly discussed and the Board asked for some time to review the plan.
Since that time, this plan has been presented to department heads and they
were asked to review it with Mrs. Hastings, and if there ~re any apparent
errors, these errors will be returned to the Board in the ~ay of amendments.
It is not anticipated there will be many changes. Mr. AgnOr said it had been
expected that the plan would be ready last December, but i~ was delayed by
having to expand the study to include clerical positions. ~Because of this
delay, Mr. Agnor said he is requesting that the Board, tonight, approve the
plan as recommended by the consultant, and if the staff finds there are
positions that need to be reviewed again, 'those will be sent back to the
consultants and reviewed with Mrs. Hastings, and if there are errors in their
analysis, then those changes will be brought to the Board collectively, rather
than singularly, probably within a month to six weeks.
Dr. Hastings said she presented this plan to the School Board at their
January work session and they voted to approve the plan as presented with the
understanding that if there are any revisions recommended %hese will be
brought back for reapproval. In the report is a recommendation that the
February 3, 1988 (Regular Night Meeting)
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558
county do a detailed analysis of the inspector classes. The consultants were
hired to look at all of the clerical positions because of the number of people
involved in both the schools and general government. Dr. Hastings said her
office is meeting with people in the Inspections and Zoning Departments and
doing a detailed questionnaire with each one of them to make sure that indi-
vidual persons are assigned to the right class. It will not necessarily make
a change in the range for that position, but it is being done to be sure that
before July 1 when the plan is implemented, that the individuals are assigned
to the appropriate job class. Any concerns that have been received are being
forwarded to the consultants, and they are returning written responses to
those concerns. So far, using their rationale, they have answered all ques-
tions.
Dr. Hastings said this is the first time that a consultant has looked at
all positions, both classified and administrative, in both general government
and the school division. When she ca~.e to work for the county in 1983, the
school administrators were paid as a ~unction of the teacher salary scale.
She addressed the problem at that time, but this is the first time it has been
done by an outside consultant.
Mr. Way asked if the plan is instituted as presented, if the budgetary
impact is $317,000. Dr. Hastings said that is correct; $157,000 would go to
the school division, and the remainder to local government. In local govern-
ment, 238 people shift in ranges; 108 receive a monetary increase because of
the shift to a new minimum range.
Mr. Lindstrom thanked Dr. Hastings for .sending the Board a copy of the
pay plan since the presentation on January 20.
Mr. Bowie said he also appreciates receiving the copy, although he forgot
to bring it with him tonight. He said it had been mentioned that there was a
process for taking care of specific questions and he assumes the Board may
also ask questions. He said sending it to the consultant, and having them
justify their position is not good enough for some people because the consul-
tants position is already known. Some peopl9 object, including himself, to
the consultants report, so he Would like to ~now what will be done to ade-
quately respond to concerns of individual employees and how do they get this
concern in? Do they have some process to follow?
Dr. Hastings said the response from the/consultant is not to be just more
justification for what they have already given, but if a perceived error is
brought to her attention, they will be askedi~to recheck their data. She also
has access to the salary data, and if she se~s a problem she is asking for a
more detailed answer as to how they came up ~ith the answer they did. Dr.
Hastings said individual employees are to talk with their supervisor, and they
are being encouraged to call her department,.!and her staff is sitting down
with the individual employee, pr a group of ~mployees, and tr in to a
the concern as best she can ~n s ........ ~ Y g ddress
· ~ .... = u=~es ~ne concern cannot be addressed·
She gave as an example the employee who is bging moved in the same range and
receiving no monetary reward, Whereas anothe~ employee being moved into that
same range will receive a monetary reward. She said that is the way this type
of plan is implemented, but she can only expSain the rationale to the employ-
Mr. Bowie said he wanted to be
some kind of satisfaction and he ' sure tha~ the individual employee can get
· s not surelhe has heard that yet. Dr.
Hastings said they are listeniJg to each perJon individually, and looking at
the classification and assignment. They arei~willing to work with the depart-
ment head and individual to make sure that ij an appropriate assignment.
~d he~ has sqme concerns. !It sounds like the Board is
~'Mr'~~k~nse~n ~ ~all~ble, that it can't come out with an
de
ingj~gc %~sg%~. ~gd n~S~ intangibl~ things, it does not work that
way. You can't take seven factors, give the~ a value, and come u wit~a
salary. He is' concerned that this plan does ~not inc~==~= ......... ~a±armesP mn' the
lower range, that is $20,000 or less, and he ~feels there is a need for an
adjustment at this level. The study only co'pares local governments, and he
feels that all areas of government, local, state and federal must follow the
lead of private industry and business. Industry salaries have increased less
than inflation in the last four or five years. Unions have accepted pay cuts
and cuts in fringe benefits in the last few years, and yet in county g
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February 3 1988 (Regular Night Meeting)
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there are people who have gotten nearly a fifty percent increase in salary
during that same period of time. He does not think that makes sense. There
have been jobs filled recently, and yet this plan recommends an even higher
salary. He thinks that supply and demand must be taken into account, and no
adjustment is needed. On page 4 there are a couple of sentences: "on the
school side, a state mandated increase in the teacher salary has compressed
the salary difference between teachers and administrators and caused morale
problems throughout the school ranks since other employees received signifi-
cantly smaller increases. That argument was used to justify the career
incentive plan last year. Now to say teachers are making too much compared to
what administrators make, when will it stop? Mr. PerkinS said he can't
support this plan as it is. He knows there are adjustments that need to be
made, but he can't support the whole thing.
Dr. Hastings replied that the salaries for private industry are gathered
each year when she does the in-house survey, but it is hard to get that type
of information. Mr. Perkins said private industry does Salary surveys also~
and if you look at what is happening in the local community, everybody does
not make $50,000 a year. People work at manufacturing plants, particularly
two in Crozet, that make $4 - $6 an hour, and don't work'all of the time. He
thinks this study addressed the employment issue; it is not a matter of
unemployment, but maybe one of underemployment- ~
Mr. Agnor said the major employer in the community is the State of
Virginia. In the past three years, pay raises have beenigiven twice a year to
state employees. This has taken people from county employ. In looking at
competitive markets, it is right here in this community-~ Salaries at the
University of Virginia are climbing rapidly, and the County is well below
those salaries.
Mr. Bain said if you look at the range 19 where mos{ people are being
moved to a range 21, are people in that division being l~st, or is it people
on the lower end, say a grade 5 or 6? Is it the top grade where people are
being lost, or a medium grade? Mr. Agnor said it is basi'cally in all of them,
the County recently lost two officers in the law enforcement field. One to
the University of Virginia, and the other to another county where he was
offered more money. Clerical and custodial people are a~so being lost. Dr.
Hastings said that is true and she believes that is the ~ationale behind the
Committee suggesting that only a fifty-mile radius be used for classified
positions. Most classified people will not travel more than fifty miles to
seek another position. Therefore, there is no need to expand the market to
other localities for these positions. For the department head level, profes-
sional positions, social work positions, data processing,~ police officer
commander levels, etc. there is a need to go beyond the geographical area to
receive the number of applications that it is felt should be received for
positions. It also was suggested that a wider geographical area be looked at
and then strike a balance between those. The consultantsldid not just go with
the wider geographical area. They did strike a balance between them for the
administrative positions. Dr. Hastings said Mr. Agnor is~correct in that the
competition spans all the way through the plan. It is not just loss of
employees and numbers of applications. When the consultants suggest a rear-
rangement of the hierarchy of positions, it is because of'iinternal equity
also. The consultants do not just look at a market, theyialso look within the
organization. They were asked to do a dual task of looking within the organ-
ization, schools and local government together, and basedion such things as
knowledge, decision-making, etc. to arrive at an equitable salary. In the
school division, too much was being paid for a position that was comparable to
one in social services. They suggested that amount be brought down.
Mr. Bain said in reading over the plan, as you get to the upper ranges,
he does not know the process, but he thinks you could lump 16 and 17 in one
category. There is a real fine line, and he knows there is a differentiation
in points, but he would like to see how the consultants a~rived at a 20 point
differential between the top of 16 and the bottom of 17. %iMr. Bain said he
feels the plan should be more together on some of those things in the upper
range. He said when you read through those paragraphs, the differentiation is
really minimal. Dr. Hastings said that is true, and it is not just those
paragraphs, or the market. She said it is possible to find a position in this
organization that comes out with a high point value, but When they look at the
market and see that the salary for that position lies within a certain
February 3, 1988 (Regular Night Meeting)
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560
and maximum on the average, they have to bring down the position to a level
that makes market sense. Mr. Bain asked if there is any objectivity to that
finding? Dr. Hastings said if only the market were used for the study, there
would be no hierarchy of positions established in the organization. Mr. Agnor
said the seven factors used for the score have 55 subcharacteristics to them.
The definition is to be reflective of the job description of the position, and
not the individual involved°
Mr. Lindstrom said having had a chance to look at the booklet, he cannot
say he is expert on this, but he understands their process; it is logical and
although it is not perfect, he is not expert in putting together this kind of
stuff. It puts him in the position of having to rely on the staff and con-
sultants who did it. He has questions which have come to him from others.
One, the equation between policemen and other people on the county staff who
have to make unusual decisions. He still does not understand why they are
equated with the people they are equated to. A lot of these positions are not
put in the position of making decisions which effect people quite as drasti-
cally. He feels the county should be encouraging the best possible people to
apply for those positions. ~
Dr. Hastings said this is the reason for hiring someone who is totally
objective, does not know any individual, and: just looks at responsibilities.
She proceeded to give a fairly lengthy exampile. Mr. Perkins asked why the
school social workers and psychologists were reduced in grade. He asked how
the grades were established to start with. Dr. Hastings said the 1987-88
school year is the first year that those positions were taken off of the
teacher salary schedule. Mr. Perkins asked?if they were taken as teachers,
and their day was expanded to eight hours, for a 12 month year, and that threw
their salaries off according to this study? Dr. Hastings said that is cor-
rect. This consultant had the additional responsibility of looking at that
type of service, not just in schools, but crossing the line into local govern-
ment. They found that there wasn't much difference in responsibility in those
areas, so where they had been placed according to their school position, was
~robably too high.
Mr. Bowie said he thinks this is the first time that there was a commit-
tee with two members of this Board and two members of the School Board. He
did not stay in touch on a regular basis. There was one meeting when the
study started, and everything that was brought up was addressed by the consul-
tants and the Personnel Department, but the committee was not involved again
until the end. He does not want to be in a position of approving the study if
it approves all of the results. For example, if an entire pay range is too
low, the ones below the range are adjusted, but those who are being paid for
several years of service do not get anything!, but are only moved down the
ladder. The perception of the employees is that that is not fair. Another
complaint he has gotten is that degrees are recognized in the school division,
and the same or higher degrees in general government are not recognized. How
is this addressed? Mr. Bowie said he wanted to address the letter he received
from the Clerk; he received many letters and'telephone calls, but does not
remember names. The Clerk sent a letter to,Mr. Way and Mr. Bowie as members
of the Committee, and he believes that the d~puty clerks do not get enough
money, they cannot be attracted, trained, and maintained in the job. He asked
how this is going to be addressed? He cann6t rationalize where that position
is rated with other people. He asked how things that don't seem right get
handled. He can accept the consultants report and get on with it but he is
not happy with implementing it. ~ '
Mr. Agnor said he also received a copy of the Clerk's memo. He said a
quick answer is that a secretarial position.is classified as a range 12, and a
deputy clerk is classified as a range 12. He said the Clerk had made an
incorrect comparison of this position with that of Recording Secretary to the
Planning Commission. The Recording Secretary is responsible for the prepara-
tion of minutes of the Planning Commission. ! The Clerk to the Board has a
deputy clerk because of the volume of work.- He said the proper place for this
to be reviewed would be with Mrs. Hastings to be sure there had been no error.
Mr. Bowie said he believes there has been an error, and he will take it up at
another time. Mr. Agnor said it will be put in the mill. Dr. Hastings said
this is the first time she has heard of it, but she will address it. Mr.
Bowie said the Clerk mentions that a previous letter went to Dr. Hastings and
it was not responded to.. Mr. Bowie said the explanation makes him more sure
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February 3 1988 (Regular Night Meeting)
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that the ranking is too low. Mr. Agnor said that between now and July that
will be reported back to the Board.
Mr. Bain said he will discuss this further with Dr. Hastings, but he
thinks the upper level on down to the grade 15, is real nebulous, and he
like to look at those. He has some concerns.
Mr. Lindstrom asked if what is needed is action to accept the consultant~
report and ask that the issues that need to be looked at further are not
precluded by accepting the consultants report? He does not know how the
concern raised by Mr. Perkins can be dealt with if the data is not available.
will accept the consultants report with some reservations about details of
some of the recommendations, but accept it with the understanding that some o~
that can be worked on. Motion was then offered by Mr. Lindstrom to accept
Pay/Classification study that has been done. He asked if anything else is
needed tonight other than accepting the report. Mr. Agnor said no. Dr.
Hastings said the School Board accepted the consultants report and approved
the accompanying recommendations included within the report which directed us
to do some additional work in the areas of inspections, and some other major
recommendations they made. The Board might want to approve the recommenda-
tions in the report. Mr. Agnor said he assumes tha't is what the Board is
doing. Mr. Lindstrom said you assume that by accepting the report, we are
accepting the specifics? Mr. Bowie said he would second ~the motion with the
understanding that any member of the Board can bring up specifics, and any
employee who has a legitimate complaint can get an answer other than the
consultant is right or wrong. Dr. Hastings said that is'¢orrect- Mr.
Lindstrom asked if the motion is in sync with what the School Board did. Dr.
Hastings said it is. Mr. Bain said he will support that with the clear
understanding that some of the questions and concerns that come to Dr.
Hastings through employees, department heads or however,will be answered and
that the Board will get the specifics, and how they have been responded to, a
real good summary, not just a couple of pages. Dr. Hastings said she will
give the Board a full report. Mr. Lindstrom said he would like to have some
more information on the police officer status. Mr. Bowie~said as seconder of
the motion, he concurs with that request also.
Mr. Way said this is really not a public hearing, b~{ if there is anyone
present who wishes to speak, he will take comments from t~e public. No one
rose to speak. He then restated the motion to accept the!ireport in principle
leaving the door open for specific cases to be looked at ~nd reported back to
the Board. There was no further discussion. Roll was ca!led and the motion
carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom.. and Way.
NAYS: Mr. Perkins. ~i
Agenda Item No. 7. Approval of Minutes: March 18 (Afternoon), April 15
(Night), September 11 and October 7 (Afternoon), 1987. ~
Mr. Way had read September 11, 1987, and found the m{nutes in order.
Mr. Bowie had read March 18, pages 1 to 8 and found some minor typos.
had also read October 7, 1987 (Afternoon) and found them to be in order.
Motion was offered by Mr. Lindstrom, seconded by Mr.{~Bowie, to approve
the minutes which had been read. There was no further diJcussion. Roll was
called and the motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Mr. Lindstrom and Mr. Way. ~
NAYS: None.
ABSTAINING: Mr. Bain and Mr. Perkins.
Agenda Item No. 8. Other Matters Not Listed on the ~genda from the Boar,
and Public.
Mr. Agnor mentioned that there is legislation pending to bring local
governments and their employees under the Virginia Tort Claims Act. The
Virginia Association of Counties and the Virginia Municipal League have taken
February 3, 1988 (Regular Night Meeting)
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562
a position opposing such legislation and are asking that the localities do
likewise. Mr. St. John said there is no way to tell what effect the legisla-
tion will have, but there is no down side to it. He thinks that if VACo
recommends it, the Board should do it.
Mr. Lindstrom said he had received a memo from Mr. St. John on BZA
action, and asked if the Board should appeal it. Mr. St. John said he had
intended to get a verbatim transcript for the Board to review, but the Zoning
Administrator's Office did not have time to type it, so he had listened to the
tape and put in what he thinks was the justification of the BZA members. Mr.
Bowie said he read the memo but did not know what Mr. St. John was recom-
mending. Mr. St. John said he really did not make a recommendation. Mr.
Lindstrom said he read the memo, remembered comments Mr. St. John made at an
earlier time, also got a call from a member of the BZA, and although it may
not be a significant precedent, there is some distinction and he is concerned
about letting the action stand as it is. It appeared the BZA just decided to
ignore the Zoning Ordinance in that particular case. Mr. Bain said their
action seems to exceed what they should be doing. Mr. St. John said if the
Board wants to appeal the decision, they might as well do it tonight, since
there is paperwork to complete.
Mr. Lindstrom then offered motion that the County Attorney be directed to
appeal the BZA decision on January 12 for a variance. He asked if this item
should be identified for the record. Mr. St. John said it had to do with the
Cedar Hill Mobile Home Park and the proprietor is Mr. Ray Beard. The motion
was seconded by Mr. Bain. There was no further discussion. Roll was called
and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way.
NAYS: None.
Mr. Way said that it might be a good idea for the whole Board to attend a
meeting in Richmond next Wednesday morning. ~It has been determined that the
Board's regular meeting scheduled for that date could begin at 1:30 P.M. and
be concluded by 5:30. Mr. Bowie then offered motion that the regular meeting
scheduled for February 10, 1988, begin at 1:30 P.M. and run until the agenda
is completed. The motion was seconded by Mr~ Bain. Mrs. Cooke asked that Mr.
Agnor contact all the radio stations that advertise meetings and make them
aware of the change in time. There was no further discussion. Roll was
called and the motion carried by the following recorded vote:
AYES: Messrs. Bain and Bowie, Mrs. Cooke, M~ssrs. Lindstrom, Perkins and Way.
NAYS: None.
Agenda Item No. 9.
Board, the meeting was adjourned at 8:36 P.M.
Adjourn. .With no further business to come before the
' - ~haifman