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1989-07-12July 12, 1989 (Regular Meeting) (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on July 12, 1989, at 9:00 A.M., Meeting Room #7, County Office Building, 401McIntire Road, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Mr. Edward H. Bain, Jr. (arrived at 9:05 A.M.), Mr. F. R. Bowie, Mrs. Patricia H. Cooke (arrived at 9:12 A.M.), Mr. Walter F. Perkins and Mr. Peter T. Way. BOARD MEMBERS ABSENT: Mr. C. Timothy Lindstrom. OFFICERS PRESENT: Mr. Guy B. Agnor, Jr., County Executive; Mr. George R. St. John, County Attorney; and Mr. ¥. Wayne Cilimberg, Director of Plan- ning and Community Development. Agenda Item No. 1. Call to Order. The meeting was called to order at 9:10 A.M. by the Chairman, Mr. Way. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Consent Agenda. Mrl. Bain asked that Item 4.2 be placed on the agenda for discussion on Augus~ 9, 1989. He said he would read the legislation himself in the meantime. Heisaid he would also contact the legislative representatives to determine whether the advertising in question meets the intent of the legislation. . Motion was offered by Mr. Bowie and sec6nded by Mr. Bain to accept the remaining items of the Consent Agenda as information. Roll was called and the motion carried by the following recorded~vote: AYES: NAYS: ABSENT: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. None. Mr. Lindstrom. Item 4.1. Letter dated June 21, 1989, from Mr. Wallace N. Davis, Executive Director, State Air Pollution Control Board, re: Permit responsi- bility for industrial facilities, received as information. Item 4.2. Resolution from Amherst County Board of Supervisors re: Excessive Advertising for State Lottery is to be placed on the agenda for discussion on August 9, 1989. Item 4.3. Copy of Audit for the Generai~District Court for the Year Ended June 30, 1988 (on file in Clerk's office), was received as information. Item 4.4. Copy of letter dated June 22,i!1989, from Mr. Dan S. Roosevelt, Resident Highway Engineer, addressed to Mr. Robert B. Sullivan, NuArk Farm, re: traffic counts on secondary toads, in particular, Route 727 and Route 708. Also attached is copy of lettsr dated June 15, 1989, from Mr. Sullivan to Mr. Roosevelt concerning the sameliSubject, received as informa- tion. Item 4.5. Copy of Planning Commission Minutes for June 27, 1989, was received as information. Item 4.6. Comparative Report of Local Revenues and Expenditures for the Fiscal Year Ended June 30, 1988, pursuant to Section 15.1-166, Code of Virginia (195)), as amended, as prepared by the Auditor of Public Accounts (on file in the Clerk's office), received as information. July 12, 1989 (Regular Meeting) 2L58 (Page 2) Agenda Item No. 5. Approval of Minutes: October 12, October 19(A), October 31(A), November 9, November 16(N), November 17(A), November 29(A), December 7(N), December 14 and December 21, 1988; January 4 and May 22(A), 1989. Mr. Perkins had read the minutes for October 12 (the middle of Page 11 to Page 25), November 29(A), December 7(N) (Page 10 to the End), 1988, and January 4, 1989 (Page 18 to the End), and found them to be in order. Mrs. Cooke had read the minutes for October 12 (Page One to 11), and November 9, 1988 (Page Ten to the End), and found them to be in order. Mr. Way had read the minutes for October 31(A), and November 17(A), 1988, and found them to be in order. Motion was offered by Mr. Bowie and seconded by Mrs. Cooke to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 6a. Highway Matters: Request from Scott Gentry to Abandon a portion of Old Hammocks Gap Road. ~i Mr. Cilimberg said Mr. Gentry has requested the abandonment of a portion of what could be an old public road on his prbperty located off Route 612. This road, Hammocks Gap Road, seems to run f~0TM the end of State maintenance on Route 612 across the Southwest Mountains to Route 22. In addition to Mr. Gentry's property, this road appears to serve! at least two other property owners. He said Mr. Gentry is requesting thai abandonment of only that portion of Hammocks Gap Road that fronts on his property. In the past, the Board has been interested in abandoning fullrisections of roadway if at all possible. Mr. Cilimberg said Mr. Ray A. Graham, the owner of Edgehill Farms, was uncertain whether he could support the a~andonment of this roadway. Mr. Cilimberg said he has received an agreement,~.idated June 9, 1989, signed by Mr. Gentry, Mr. Graham and several other property owners, which allows Mr. Graham to use other accesses for logging activities in return for his consent to the abandonment of the portion of Hammock~Gap road. Mr. Cilimberg said the staff can determine no public purpose to be served by retaining this public roadway, but ~ecommends that the Board notify all property owners and abandon the full length of the roadway if at all possible. ~ Mr. Way asked Mr. Gentry if he would car~ to comment upon this request. Mr. Gentry said he agrees with the staff's recommendation to abandon the full length of Hammocks Gap Road. Mr. Roosevelt said that VDoT has no legal interest in this road, so there is no reason for him to attend the public hearing. Motion was offered by Mr. Bowie and seconded by Mr. Bain to set a public hearing on September 6, 1989, to consider thi,s request. Roll was called and the motion carried by the following recorded yore: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. P~rkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 6b. Highway Matters: Replacement of Bridge on Route 660. Mr. Dan Roosevelt, Resident Highway Engineer, said the Board had adopted a resolution supporting alignment "C" at the May 10, 1989, meeting. The Board had also requested information concerniqg the cost to install an anodized aluminum railing on the bridge and tq treat the outside of the July 12, 1989 (Regular Meeting) (Page 3) 15 structure with exposed aggregate. Mr. Roosevelt said the total additional cost would be $56,150. He said the Virginia Department of Transportation is not willing to allow this facade treatment on all new bridges constructed in Albemarle County, but feels it is appropriate at this particular location. He said the additional cost would be covered by regular secondary funds allocated for Albemarle County improvement projects. He said this additional expense would be strictly for aesthetics and in no way is necessary to the structure of the bridge. Therefore, VDoT does not recommend that the secon- dary funds be spent for this purpose, but if the Board desires it, VDoT will develop the plans. Mrs. Cooke said she and Mr. Lindstrom supported the additional expendi- ture for reasons of aesthetics. She believes the anodized aluminum railings and exposed aggregate facade will enhance the beauty of Albemarle County. Mr. Perkins said he thinks the Board should consider each bridge case- by-case. If nothing but the fish will see a bridge, he said, he sees no reason to pay for an expensive facade. He asked if the exposed aggregate facade would be expensive to maintain. Mr. Roosevelt said VDoT has not had enough experience with this type of facade to know the answer to that ques- tion. Mr. Bain asked if the exposed aggregate~ ,facade could be used with a conventional parapet instead of the anodized ialuminum rails. Mr. Roosevelt said "yes". Mr. Way said the advantage of th;e anodized aluminum railing was that they allowed motorists to see the water~ He thinks this should be a major consideration in deciding what to buil~ over a scenic river. Mr. Bowie said he supports this railing~,i~nd facade treatment for the bridges on Routes 660 and 671, but he does not want anybody to think it has become a policy of the Board to choose expen~$~ve bridge treatments~ Mr. Bain agreed. · ~ Motion was offered by Mrs. Cooke and seconded by Mr. Bowie to authorize an additional estimated cost of $56,150 from~$econdary Road Funds for the facade for the Route 660 bridge project. Roll was called and the motion carried by the following recorded vote: ~' AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. (Mr. St. John left the meeting at 9:21 A~iM. and returned at 9:31 A.M.) Agenda Item No. 6c. Highway Matters: Btidge on Route 671 Mr. Roosevelt said the Board on May 10, ihad requested estimates of the extra cost involved for a special handrail and facade treatment for the bridge on Route 671 over the Moormans River. He said the additional cost for anodized aluminum railing and exposed aggregate would be approximately $48,800. Cost estimates for a brick veneer ~ere also requested by the Board. He said a brick veneer facade would be an additional $23,400. After some discussion, the Board took no action to change its decision made during the May meeting concerning the aluminum rail and exposed aggre- gate facade. Agenda Item No. 6d. Other Highway Matters from the Public and Board Members. '~ Mr. Roosevelt said he and Mr. Agnor had received a letter from Mr. J. G. Ripley, Director of Planning and Programming for VDoT, in which he stated that the state funds available for matching p~rposes in the revenue sharing program from 1988-89, had been adjusted from the $210,000 previously request- ed by the Board to $113,000. Mr. Roosevelt requested that the Board adopt a resolution revising their request. July 12, 1989 (Regular Meeting) (Page 4) Motion was offered by Mr. Perkins and seconded by Mrs. Cooke to adopt the following resolution requesting 1988-89 revenue sharing funds in the amount of $113,000, allocating $60,000 to the Georgetown Road project and $53,000 to the Route 601 project as set out below. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. WHEREAS, the Board of Supervisors has been advised that its request for matching Revenue Sharing Funds remaining from the 1988-89 fiscal year allocations has been approved in the amount of $113,000; NOW, THEREFORE, BE IT RESOLVED that the County of Albemarle proposes that the matching Revenue Sharing Funds be allocated to the following projects: 1. Route 656, construct turn lanes at Georgetown Road - $60,000. 2. Route 601, bridge over Buck Mountain Creek - $53,000. At the request of Mr. Bowie, Mr. Wayne ~ilimberg, Director of Planning and Community Development, briefed the Board~-on the status of the crossover closing at the Forest Lakes development on Route 29 North. Mr. Cilimberg said there are eight crossovers scheduled to/ilbe closed on Route 29 North between the North and South Forks of the Riva~na River. Two of those cross- overs are just south of Route 649; the northernmost is north of the new entrance to the Forest Lakes development; and': the second crossover is south of the Forest Lakes entrance. When property i~in this area was zoned to Highway Con~nercial in 1985, there were two cd~ditions attached to the rezon- ing: that the crossover to the north of the~=iForest Lakes development and the one near Maupin's Store be closed at the determination of YDoT when develop- ment occurred in this area. The northern crdssover has been closed and YDoT has asked that the southern crossover be clo~ed as well. If this crossover is closed, Mr. Cilimberg said, Mr. Maupin is !~oncerned that motorists heading north from his store will have to go too far i~ut of their way before they reach a crossover. He is concerned that traffic will have to use a crossover even further south that is also scheduled to.'~e closed and that has no deceleration lane. Mr. Cilimberg said that Mr. Maupin believes that closing the crossover near his store may create more~!safety problems to the south. Mr. Cilimberg said staff agrees that there c0hld be some problems, but recommends that all eight crossovers schedul~ for closing in the Comprehen- sive Plan be closed. He said staff also recommends that the time is appro- priate for a public committment to close the iremaining crossovers in the Hollymead area. Mr. Bowie asked if it is necessary to c~se these crossovers now. Mr. Cilimberg said that Mr. Kessler, the develop~ of Forest Lakes who has agreed to pay for closing this crossover, is willing, to wait until the County is ready to close the crossover. Obviously, Mr. Cilimberg continued, the developer will want to close the crossover as. part of the construction project now going on at the entrance to the FDrest Lakes project. He does not recommend that the County relieve Mr. Kes'~ler of his obligation to pay for closing the crossover. Mr. Cilimberg sai~ the closing could be delayed until Mr. Kessler is nearly finished with the current construction. Mr. Bowie said that Maupin's Store is a iSamily business that has been in this location for years. He thinks Mr. Maupim should be given more time to plan for the impact that closing this crossover would have on his business. He thinks the crossover should be left open until it is necessary to be closed for reasons of safety or until all eight crossovers are closed. Mr. Bain and Mr. Way said they could support Mr. Bowie's suggestion. Mr. Roosevelt said that YDoT has issued ~ permit to the Kessler Group to construct a new crossover. This permit requi~es that the crossovers July 12, 1989 (Regular Meeting) (Page 5) 161 immediately to both the north and south of the new crossover be closed. He said VDoT is currently holding a bond of the Kessler Group as a guarantee that the construction specified in the permit will be completed. Mr. Roosevelt said the closure of the crossover near Maupin's Store is now under the control of YDoT; if the Board wishes to delay the closure of this cross- over, it should submit a resolution of appeal to VDoT. Mr. Roosevelt said the County and VDoT adopted the Corridor Study in 1979, which showed this crossover as one of the ones to be closed for, among other reasons, inade- quate sight distance for southbound traffic. Moreover, the new crossover at the Forest Lakes development makes the two crossovers too close together for VDoT's standards. He said the Board and VDoT also adopted a plan to close these crossovers as development occurred along Route 29 North. Mr. Cilimberg asked what procedure staff should follow if the Board agrees to delay the closure of the crossover. If %DoT were to agree to waive the closure of the crossover, Mr. Roosevelt said, it could be handled in one of two ways: VDoT could drop its requiremenk that the crossover be closed from the permit issued to Forest Lakes or the construction project could be bonded with a continuous bond to insure that the crossover would be closed some time in the future. Mr. Cilimberg said that staff favors the second approach mentioned by Mr. Roosevelt, but pointed out that Mr. Kessler would prefer to close the crossover as part of his current construction project, or be relieved of the obligation altogether. Mr. Bowie said he does not support waiving the requirement, but it will be a while before the Forest Lakes project g~nerates a 1Qt of traffic, and he thinks the closure of the other crossover could be delayed. If there is a way to delay closing this crossover until the current construction project at Forest Lakes is finished, he would support such a measure. Motion was offered by Mr. Bowie and secgnded by Mr. Bain that the Board request that closing of the crossover be deferred until traffic safety warrants that the closing be done or at suchi~time as the five crossovers on Route 29 North, which are not in conformances!with the crossover policy, are closed by the Highway Department. Mr. Way asked Mr. Maupin if he wished t~ address the Board. He said his store is the only business that will be affected by the closure of the crossovers. He said this stretch of Route 29 is one of the safest along the highway. He said closing all the crossovers will force people to make more U-turns on Route 29. There was no further discussion. Roll ~as called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 7. Public Hearing: AnlOrdinance Establishing a Cut-off Date for Appealing Real Estate Assessments. i(Advertised in the Daily Progress on June 27 and July 4, 1989.) Mr. Agnor said the amended ordinance would require property owners who wished to appeal an assessment to make their{first appeal by March 31, to the County Assessor. After the County Assessor ~as rendered his or her decision, the property owner would have thirty days, o~ until April 31 to appeal the decision to the Equalization Board. Mr. Way opened the public hearing. There being no members of the public present to speak, the public hearing was immediately closed. Mr. Bain said he is concerned about thei effect of the amendment upon absentee property owners, who may not learn ~f the cut-off date until it is too late to appeal a decision. Mr. Bowie pointed out that the cut-off date. could be highlighted on the reassessment notmces sent to property owners. July 12, 1989 (Regular Meeting) (Page 6) 162 Motion was offered by Mrs. Cooke and seconded by Mr. Bowie to adopt the ordinance as set out below. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. AN ORDINANCE ESTABLISHING A CUT OFF DATE FOR APPEALING REAL ESTATE ASSESSMENTS IN THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia: That pursuant to the Provisions of Section 58.1 3330 of the 1950 Code of Virginia, as amended, all applications for appeal from any assessment of real estate must be made by the property owner(s) or lessee(s) within ninety days from th~ notice date of the real estate assessment change. In accordanc~ with 58.1 - 3378, any additional appeal must be made to the B~ard of Equalization within thirty days. Appeals on pro ratio assessments where new construc- tion becomes substantially complete between January 1st and October 31st are not affected by the March 31st!~or April 30th deadlines; And further, that all ordinances oR parts of ordinances in conflict with the provisions of this ordinance be, and the same are, hereby repealed. (The Board recessed at 10:21 A.M. and r~convened at 10:38 A.M. with Mr. St. John not in attendance.) Agenda Item No. 8. Revision to the Ben~eplus Plan. Mr. Agnor said the Director of Personnel! had indicated to the Board in its meeting on May 22, that the Beneplus program would require some modifica- tion to ensure maximum flexibility as a resuI~ of Internal Revenue Service interpretations of such programs. Therefore~ the following changes are being requested in the County Beneplus program: 1. Moving the plan year from July 1 td September 1 to coincide with the health plan contract dateJ and to improve internal admin- istration of the Beneplus Program. ~ 2. Combining the premium account into the Health Care Reimbursement account to give an individual the maximum flexibility in getting tax free deductions for their health insurance premium with less risk of forfeiture if a person elects a lesser Blue Cross/Blue Shield system after the plan starts,. Mr. Agnor said the emended plan had bee~ reviewed by Mr. Melvin Breeden, Director of Finance, and the Deputy County Attorney, Mr. James Bowling, and approved as recommended. :? Motion was offered by Mr. Bowie and secOnded by Mr. Bain to accept the amendments to the Beneplus Program as propose.~ by the County Executive in his memo of June 19, 1989, noting that the plan y'aar date should be corrected to run from July 1 to September 1 instead of October 1 as shown in the memo. Roll was called and the motion carried by the~following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ~ ABSENT: Mr. Lindstrom. ~i July 12, 1989 (Regular Meeting) (Page 7) COUNTY OF ALBEMARLE FLEXIBLE BENEFITS PLAN ARTICLE 1. THE PL~N Section 1.1 Establisl~eut The County of Albemarle hereby establishes, effective as of July 1, 1987 (amended July 1, 1989) a plan of flexible compensation for the benefit of eligible employees, which shall be known as County of Albemarle Flexible Benefits Plan (the Plan). Section 1.2 Purpose The purpose of the Plan is to provide benefits that suit the needs of diverse groups of eligible employees by providing such employees the choice, within amounts of money to be provided as specified herein, among different combinations of health care coverage, dependent care coverage, and direct cash compensation. The Plan is intended to comply with the provisions of Sections 105, 106, 125 and 129 of the Internal Revenue Code of 1986, as amended. ARTICLE 2. DEFINITIONS Section 2.1 Definitions Whenever used in the Plan, the following words and phrases shall have the meaning set forth below unless the ~ontext plainly requires a different meaning, and when the definediimeaning is intended, the term is capitalized: .i (a) "Code" means the Internal Revenue Code of 1986, as amended. References to a Code section shallibe deemed to be to that section as it now exists and to any successor provision. (b) "Compensation" of a Participant means the total salary, wages, · bonuses, pay for overtime, vacation,, pay, sick pay, pay for shift differentials, and other cash compensation paid by the County of Albemarle to a Participant (withou~ regard to any salary reduc- tion under this Plan), but excluding reimbursed expenses, credits or benefits under any plan or deferred compensation to which the County of Albemarle contributes, a~d any additional compensation payable in a form other than cash. ~I (c) "Dependent" means an individual wh~'. qualifies as a dependent under the terms of Section 152 of ~he Code. (d) "Effective Date" means the date on which the Plan became effec- tive, i.e., July 1, 1987. : (f) "Employer" means an employee of th~. County of Albemarle who is a full or part time employee as defi~ed in the County Group Insur- ance Programs. ~ "Employment Related Dependent Care Expense" means the amount paid for expenses of a Participant for hpusehold services or for the care of a Qualifying Individual, to~ithe extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Indi- viduals with respect to such Participant; provided, however, that (1) if such amounts are paid for expenses incurred outside the Participants household, they shall aonstitute Employment Related Dependent Care Expenses only if incurred for a Qualifying Indi- vidual who is a Dependent under the?age of thirteen for whom the Participant is entitled to an exemp[ion under Section 151(e) of the Code or for a Qualifying Individual who regularly spends at least eight hours per day in the Participant's household; and (2) if the expense is incurred outside ~he Participant's home at a facility that provides care for mor~ than six individuals who do not regularly reside at the faciliti, the facility must comply with all applicable state and local!laws and regulations, includ- ing licensing requirements, if any;!and (3) that Employment July 12, 1989 (Regular Meeting) (Page 8) 164 Related Dependent Care Expenses of a Participant shall not include expenses paid or incurred for services provided by (i) a child of such Participant who is under the age of nineteen or (ii) an individual who is a Dependent of such Participant or such Participant's spouse. (g) "Exempted Injury or Sickness" means any injury or sickness: Exceptions: (i) incurred when a Participant was engaged in, or resulting from a Participant having engaged in, a criminal enterprise; or (ii) resulting from an intentionally self-inflicted injury of a Participant. (h) "Injury" means an externally caused sudden hurt or damage to the body brought about by an identifiable event. (i) "Medical Care" includes the diagnosis, cure, mitigation, treat- ment, or prevention of sickness, injury or defect. Expenses for Health Care shall consist of expenses for medical care as defined in Sections 213(d)(1) and (e) of the Code, and shall include, but not be limited to, payments for the purpose of affecting any structure or function of the body, for any hospital or nursing charges, optometrical, ophthalmological, or auditory care, dental care, psychiatric care, prescription drugs, insulin, eyeglasses, hearing aid appliances, and simila~ prosthetic devices, medical related transportation expenses, aBd medical insurance premiums. (j) "Participant" means a person who iJ an Employee on or after the Effective Date and who satisfies the participation conditions of Article 3. A person who becomes a~.iParticipant shall remain a Participant until all benefits due ihim under the provisions of the Plan have been paid to him or ~therwise have been satisfied. An early retiree is considered an ~ployee for the purposes of this plan for the period of time the employee is qualiified for early retirement benefits. (k) "Period of Coverage" with respect ~jo any Plan Year, means that Plan Year; provided that, for any ~mPloyee who becomes a Parti- cipant after the start of a Plan Y~ar, the Period of Coverage shall mean the period commencing ox the effective date of such participant's participation and ex~ending through the remainder of the Plan Year. (1) "Plan" means "County of Albemarle ~!lexible Benefits Plan" as set forth herein and as amended or resonated from time to time. (m) "Plan Year" means the twelve month's'period ending August 31. (n) "Qualifying Individual" means (i) ~i!Dependent of a Participant who is under the age of thirteen, a~ amended with respect to whom the Participant is entitled to an e~emption under Section 151(e) of the Code, and (ii) a Dependent or spouse of a Participant who is physically or mentally incapablei of caring for themselves. (o) "Sickness" means all bodily infirmii%ies, diseases, mental ill- nesses, and other disorders other than an injury. Section 2.2 Gender and Number ,! Except as otherwise indicated by context:i masculine terminology used herein also includes the feminine and nei~ter, and terms used in the singular may also include the plural.~ ARTICLE 3. PARTIGIPATION CONDITIONS Section 3.1 Participation Conditions As a condition and receipt of benefits u~der this plan, the cipant agrees to: July 12, 1989 (Regular Meeting) (Page 9) 165 (a) Furnish to the County of Albemarle, the Application to Participate provided for in Section 3.2 below; (b) Observe all Plan rules and regulations; (c) Consent to inquiries by the County of Albemarle with respect to any physician, hospital, or other provider of Medical Care or other services involved in a claim under this Plan; (d) Submit to the County of Albemarle all reports, bills and other information which the County of Albemarle may reason- ably require; and (e) Designate a portion of his Compensation as Pay Conversion Contributions in accordance with the provisions of Article 4. Section 3.2 Application to Participate As a condition of participation, each Employee who is eligible to be a Participant shall execute and deliver to the County of Albemarle prior to his/her first day of participation, ~a written application, signed by him/her in which he/she applies to participate in the Plan, desig- nates the required portion of his/her C~mpensation for the Plan Year in question as Pay Conversion Contribut~ions as described in Article 4, makes a benefit election and supplies a~y other pertinent information that the County of Albemarle reasonably~requires. Section 3.3 Commencement of Participation Eligible Employees may become ParticipaBts only on the first day of a Plan Year; provided that persons becoming eligible Employees on or after the first day of a Plan Year may ~ecome participants on the first day of the month following eligibility if hired before the fifteenth of the month or on the first ~ay of the second month fol- lowing eligibility if hired after the f~fteenth of the month. ARTICLE 4. PAY CONVERSION ~ BENEFIT ]~I.RCTIONS Section 4.1 Pay Conversion Each Participant shall designate a port~on of his/her Compensation for each Plan Year as Pay Conversion Contributions. Except as otherwise provided by the County of Albemarle, Pa~ Conversion Contributions shall reduce the Participants Compensation ratably on each pay day during the Plan Year following the effective date of the Participant's participation. Section 4.2 Benefit Elections Each Participant shall make a benefit ei~ction, in the manner provided herein, to apply his/her Pay Conversion ',iContributions during each Plan Year, in such proportions as he chooses~?~ to the following: (a) to the Participant's Health CJre Reimbursement Account for that Plan year in accordance ~ith Article 5, to include the Participant's premiums for Co~ty of Albemarle sponsored insurance. (b) to the Participant's Dependen~ Care Reimbursement Account for that Plan Year in accordaq~e with Article 6. A Partici- pant's initial benefit electi6~ shall be made as part of his/her Application to Participate. A Participant's benefit election for any Plan Year sha~l be irrevocable during the Plan Year, except for the auto~matic adjustment provided in Article 6 and except that in the event that there is a change in a Participant's (a) ~arital status, (b) death of a spouse or dependent, (c) chan~ in spouse's employment, or (d) a change in the number of~ependents a Participant shall be entitled to change his/her 5enefit election in a manner July 12, 1989 (Regular Meeting) (Page 10) 166 that is consistent with such change in marital, Dependent or employment status, by providing written notice thereof to the County of Albemarle, within thirty days after the qualifying event, in a form acceptable to the County of Albemarle. Any such change shall be effective on the first day of the first calendar month after receipt of the change request; received prior to the fifteenth of the month, otherwise it shall be effective on the first day of the second calendar month. ARTICLES ~ALTHREIMBURESEMKNTPLAN Section 5.1 Health Care Relm~ursement Accounts The County of Albemarle shall establish for each Participant a Health Care Reimbursement Account for each Plan Year. Each Health Care Reimbursement Account shall initially contain zero dollars. Section 5.2 Increases in Health Care Reimbursement Accounts A Participant's Health Care Reimbursement Account for a Plan Year shall be increased by the portion of the Participant's Pay Conversion Contributions for that Plan Year that he/she has elected to apply toward his Health Care Reimbursement Ac6ount pursuant to Section 4.2. Section 5.3 Decreases in Health Care R~imbursement Account A Participant's Health Care Reimburesement Account for a Plan Year shall be reduced by the amount of any b~nefits paid to or on behalf of a Participant pursuant to Section 5.4. Section 5.4 Health Care Benefits Insured and uninsured health care benef~,ts are allowable reimburse- ments. 5.4.1 Health Insured Benefits ,3 To the extent a Participant so elects, a portion of the Participants Pay Conversion Contributions may be used to pay the Participant's share of the cost of coverage under any!existing County of Albemarle sponsored Health, Medical, Dental or Hospitalization insurance or other similar health and accident plan ~or Employees. If there is a change in the cost of a particular type'of coverage selected by a Participant, the Particmpant s electzon~Ishall automatically be ad3ust- ed to reflect such change not to exceed lthe monthly contribution to the Health Care Reimbursement Accountluqless increased in accordance with Section 4.2. 5.4.2 Health Care Uninsured Benefits; - Subject to limitations contained in other provisions of this Plan, a Participant who incurs expenses for Health Care attributable to himself/herself, his/her spouse, or hiis/her dependents during his/her Period of Coverage for a Plan Year shall be entitled to receive from the County of Albemarle full reimbursement for the entire amount of such expenses to the extent of the amount contained in the Partici- pant's Health Care Reimbursement Account. for that Plan Year. The County of Albemarle shall pay all such expenses to the Participant upon the presentation to the County o~f Albemarle of documentation of such expenses in a form satisfactory Ito 'the County of Albemarle. In its discretion, the County of Albemarle may pay any of such expens- es directly, in which event the County of Albemarle shall be relieved of all further responsibility with respect to that particular expense. Participants shall be reimbursed for such expenses on a monthly or other more frequent basis determined by the County of Albemarle; provided that the final payment of benefits for any Plan Year shall be made by the tenth day of the second month following the close of the July 12, 1989 (Regular Meeting) (Page 11) 167 Plan Year based on accepted claims filed with the County of Albemarle by the last day of the preceding month. If a Participant ceases to be an Employee, such Participant shall be entitled to continue receiving benefits pursuant to this Article to the extent of the amount remaining in the Participant's Health Care Reimbursement Account for the Plan Year of the termination of his/her employment. Upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimburse- ment under any policy described in Section 5.5 or from any other source. Section 5.5 Limitations on Health Care Benefits Anything herein to the contrary notwithstanding, no benefits shall be paid under this Article 5: (a) In the event and to the extent that such reimbursement or payment is covered under any insurance policy or policies, whether paid for by the County of Albemarle or the Partici- pant or under any other health or accident plan by whomever maintained. In the event that there is such a policy or plan in effect providing for ~uch reimbursement or payment, in which or in part, then to the extent of the coverage under such policy or plan, th~ County of Albemarle shall be relieved of any liability hereunder. (b) To the extent that an expense~has been submitted for reim- bursement from a Participant'~ ~, Dependent Care Reimbursement Account. (c) Due to Exempted Injury or Sickness. ARTICLE 6. DEPENDENT CARE!!~ASSISTANCE PROGRAM Section 6.1 Dependent Care Reimbursem~t Accosts The County of Albemarle shall establish ri':.for each Participant a Depen- dent Care Reimbursement Account for eac~ Plan Year. Each Dependent Care Reimbursement Account shall initiat'ly contain zero dollars. The maximum contribution for the plan year i~s $4,800 unless subsequently changed by amendment to the Plan or to domply with future Federal regulations. Section 6.2 Increases in Dependent care Reimbursement Accounts A Participant's Dependent Care Reimbursement Account for a Plan Year shall be increased by the portion of the~* Participant's Pay Conversion Contributions for that Plan year that he/she has elected to apply toward his/her Dependent Care Reimbursement Account pursuant to Section 4.2. Section 6.3 Decrease in Depemdent Care Reimbursemeat Account A Participant's Dependent Care Reimbursement Account for a Plan Year shall be reduced by the amount of any behefits paid to or on behalf of a Participant pursuant to Section 6.4 Section 5.4 Dependent Care Benefits Subject to limitations contained in other provisions of this Plan, a Participant who incurs Employment Relate~ Dependent Care Expenses during his/her Period of Coverage for a ~!an Year shall be entitled to receive from the County of Albemarle ful~ reimbursement for the entire amount of such expenses to the extent of!the amount contained in the Participant's Dependent Care Reimbursemegt Account for that Plan Year; provided that no reimbursement shall be paid pursuant to this Article 6 to the extent an expense has been submitted for reimbursement from a July 12, 1989 (Regular Meeting) (Page 12) 168 Participant's Health Care Reimbursement Account. The County of Albemarle shall pay all such expenses to the Participant upon presen- tation to the County of Albemarle of documentation of such expenses in a form satisfactory to the County of Albemarle. However, in its discretion, the County of Albemarle may~pay any of such expenses directly, in which events the County of Albemarle shall be relieved of all further responsibility with respect to that particular expense. Participants shall be reimbursed for such expenses on a monthly or other more frequent basis determined by the County of Albemarle; provided that the final payment of benefits for any Plan Year shall be made by the tenth day of the second month following the close of the Plan Year based on accepted claims filed with the County of Albemarle by the last day of the preceding month. If a Participant ceases to be an Employee, such Participant shall be entitled to continue receiving benefits pursuant to this Article to the extent of the amount remaining in the Participant's Dependent Care Reimbursement Account for the Plan Year of the termination of his/her employment. ARTICLE 7. USE O~ FORFEITURES Section 7.1 Forfeiture of Unused Benefits If, following the final payment of Health or Dependent Care reimburse- ments benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount ~emains in a Participant's Reimbursement Accounts for that Plan Year, the Participant shall forfeit such amount to the County of Albemarle for use as provided in Section 7.2 and shall have no further cl:aim thereto. Section 7.2 Forfeitures An account shall be established on the Gounty of Albemarle books called the Forfeitures Account, which shall initially contain zero dollars. After the completion of benefit payments under Sections 5.4 and 6.4 for each Plan year, the amount Of all forfeitures under Sections 5 and 6 shall be determined an4~ added to the Forfeitures Account. At any time that the amount i~i the Forfeitures Account exceeds the product of Ten Dollars mult~lied by the number of Parti- cipants who are then Employees, the County of' Albemarle shall pay a cash bonus to each such Participant in ~ amount equal to the highest whole dollar anount that may be paid to each such Participant without exhausting the Forfeitures Account, whi~ bonuses shall reduce the balance in the Forfeitures Account. In such instances, the bonus paid to each Participant shall be the same, and no bonus received by any Participant shall be based on or be dependent upon the amount of such Partid~ipant's forfeitures, if any, under Section 7.1. In the event of a plan termination, following payment of all remaining reimbursements and final forfeitures, pro- rata portion of the balance of the Forfeitures Account shall be paid as a bonus to each Participant who is then an Employee. ARTICLE 8. CLAIMS ~.pROCEDURE Section 8.1 Cla~m-~ Procedure The County of Albemarle shall notify a R~rticipant in writing within ninety days of his/her written applicatf:~n for benefits of his/her non-eligibility for benefits under the Pi~an. If the County of Albemarle determines that a Participant ~s not eligible for benefits or full benefits, the notice shall set f~rth: (1) The specific reason for such d~nial; (2) A specific reference to the provision of the Plan on which the denial is based; :1 July 12, 1989 (Regular Meeting) (Page 13) 169 (3) (4) A description of any additional information or material necessary for the claimant to perfect his/her claim, and a description of why it is needed; and An explanation of the plan's claims review procedure and other appropriate information as to the steps to be taken if the Participant wishes to have his/her claim reviewed. If the County of Albemarle determines that there are special circum- stances requiring additional time to make a decision, the County of Albemarle shall notify the Participant Of the special circumstances and the date by which a decision is expgcted to be made, and may extend the time for up to an additionalI ninety day period. If a Participant is determined by the County! of Albemarle to be not eligi- ble for benefits, or if the Participant believes that he/she is entitled to greater or different benefits, he/she shall have the opportunity to have his/her claim reviewed with the County of Albemarle within sixty days after receipt by him/her of the notice issued by the County of Albemarle. Said petition shall state the specific reasons the Participant believes he/she is entitled to benefits of greater or different benefits. Within sixty days after receipt by the County of Albemarle of s~id petition, the County of Albemarle shall afford the Participant (:and his/her counsel, if any) an opportunity to present his/her position to the County of Albemarle orally or in writing, and said Participant (or his/her counsel) shall have the right to review the pertinent documents. The County of Albemarle shall notify the Participant ~f 1ts decision in writing within said sixty day period, stating s~ecifically the basis of said decision written in a manner calculated,to be understood by the Participant and the specific provisions {.of the Plan on which the decision is based. ~ If, because of the need for a hearing, ~he sixty day period is not sufficient, the decision may be deferre~ for up to another sixty day period at the election of the County of !~Albemarle, but notice of this deferral shall be given to the Participant. In the event of the death of a Participant, the same procedure shall be applicable to his/her benef ic Jar ies. ARTICLE 9. Sectiom 9.1 Administration ADMINISTRAT] ON AND FINANCES The Plan shall be administered by the County of Albemarle. The County of Albemarle shall bear all administrat~'~e costs of the Plan. Section 9.2 Powers of the County of Al~.marle The County of Albemarle shall have all powers necessary to administer the Plan, including, without limitation,i! powers: (a) to interpret the provisions off!the Plan; (b) to establish and revise the nethod of accounting for the Plan and to maintain the accouhts; and (c) to establish rules for the administration of the Plan and to prescribe any forms required ti administer the Plan. Section 9.3 Actions of the County of Al~mrle All determinations, interpretations, rules and decisions of the County of Albemarle shall be conclusive and bin~ing upon all persons having or claiming to have any interest or righ~ under the Plan. Section 9.4 Delegation The County of Albemarle shall have the pgwer to delegate specific duties and responsibilities to officers 6r other employees of the County of Albemarle or other individuals'~or entities. Any delegation July 12, 1989 (Regular Meeting) (Page 14) 170 by the County of Albemarle may allow further delegations by the individual or entity to whom the delegation is made. Any delegation may be rescinded by the County of Albemarle at any time. Each person or entity to whom a duty or responsibility has been delegated shall be responsible for the exercise of such duty or responsibility and shall not be responsible for any act or failure to act of any person or entity. Section 9.5 Reports and Rccords The County of Albemarle and those to whom the County of Albemarle has delegated duties under the Plan shall keep records of all their proceedings and actions and shall maintain books of account, records, and other data as shall be necessary for the proper administration of the Plan and for compliance with applicable law. Section 9.6 Finances The costs of the Plan shall be borne as'provided herein. For purposes of this Plan, Pay Conversion Contributions shall be deemed contribu- tions by the County of Albemarle. Section 9.7 Ann~al Statement of Benefits On or before the end of the third month.following the Plan Year, the County of Albemarle shall furnish to eaGh individual who was a parti- cipant that received benefits under Section 6.4 during the prior Plan Year, a statement of all such benefits paid to or on behalf of such Participant during the prior Plan Year. Section 9.8 Separate Written Plan For purposes of the Code, Articles 5 an~ 6 shall constitute a separate written plan providing for the reimbursement of health care and dependent care expenses. To the extent¥'necessary, other provisions of the Plan are deemed incorporated by reference in Articles 5 and 6. ARTICLE 10. AMENDMHI~fS !AND TERMINATION Section 10.1 Amendments The County of Albemarle may amend the p~an, in full or in part, at any time and from time to time. Any such a~endment shall be filed with the Plan documents. Section 10.2 Benefits Provided Through !:~hird Parties In the case of any benefit provided pursuant to an insurance policy or other contract with a third party, the Cbunty of Albemarle may amend the Plan by changing insurers, policies,! or contracts without changing the language of this Plan document, provided that copies of the contracts or policies are filed with the~ Plan documents and the Participants are informed as to the effects of any such changes. Section 10.3 Termination The County of Albemarle expects the Plan to be permanent, but neces- sarily must, and hereby does, reserve th~ right to terminate the Plan at any time. In the event of a Plan ter.mination, Pay Conversion Contributions will cease. Thereafter neSther the County of Albemarle nor any of its employees shall have any ~urther financial obligations hereunder except such that have accrued ~p to the date of termination and have not been satisfied. ARTICLE 11. MISC~US Section 11.1 No Guaranty of Employment The adoption and maintenance of the Plan~shall not be deemed to be a contract of employment between the Count~ of Albemarle and any !, July 12, 1989 (Regular Meeting) (Page 15) 171 Employee. Nothing contained herein shall give any Employee the right to be retained in the employ of the County of Albemarle or to inter- fere with the right of the County of Albemarle to discharge any Employee at any time, nor shall it give the County of Albemarle the right to require any Employee to remain in its employ or to interfere with the Employee's right to terminate his/her employment at any time. Section 11.2 Limitation on Liability The County of Albemarle does not guarantee benefits payable under any policy or contract of insurance described herein, and any benefits payable thereunder shall be the exclusive responsibility of the insurer that issued such contract or policy. Section 11.3 Non-Alienation No benefit payable at any time under this Plan shall be subject in any manner to alienation, sale, transfer, aMsignment, pledge, attachment, or encumbrance of any kind. ~ Section 11.4 Applicable Law The Plan and all rights hereunder shall, be governed by and construed according to the laws of the Commonwealth of Virginia, except to the extent such laws are preempted by the laWs of the United States of America. Section 11.5 Benefits Provided Thro~hlThird Parties In the case of any 'benefit provided through a third party, such as an insurance company, pursuant to a contract or policy with such third party, if there is any conflict or inconsistency between the descrip- tion of benefits contained in this Plan !;and such contract or policy, the terms of such contract or policy shall control. Agenda Item No. 9. Abandonment of an Easement at the Greenwood Communi- ty Center. Mr. Agnor said that prior to the acquisition of the Greenwood Community Center by the County, the former owners had Mold a tenant house and lot and had retained a waterline easement across the !lot and rights to a well located on the lot. Mr. Agnor said the County had d~g its o%rn well since the first well did not meet State Health Departnnent standards for water to be consumed by the public. Mr. Agnor said staff recommends that the County relinquish its easement rights for the old well and waterline and that the Chairman be authorized to sign the deed. ~ Motion was offered by Mr. Perkins and selconded by Mr. Bain to accept the County Executive's recommendation and author{ze the Chairman to sign the following deed. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. ~erkins and Mr. Way. NAYS: None. ~ ABSENT: Mr. Lindstrom. , THIS DEED OF RELEASE, made and entered into this 3rd day of August, 1989, by and between the COUNTY DF ALBEMARLE, VIRGINIA, grantor and party of the first part, and?Thomas W. D. SMITH, Jr., and Martha D. SMITH, husband and wife, grantee and parties of the second part, ~ WITNESSETH{~ WHEREAS, by deed dated September 6, 1979, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 680, page 761, Greenwood Community Center, a Virginia non-stock corporation, conveyed to Kenneth C. Vorce, Jr., and Susan H. Vorce, husband and wife, 1.885 acres, mo~e or less, (hereinafter July 12, 1989 (Regular Meeting) (Page 16) 172 called "the. property") near Greenwood in said county as shown on plat of survey of K. M. Gloeckner, C.L.S., dated July 27, 1979, and record- ed in said Clerk's Office in Deed Book 680, page 764, but reserved unti itself, its successors and asigns the exclusive use of the well shown on said plat and a permanent easement for the waterline running from said well to its adjoining property and an easement of ingress and egress for maintenance of said well, well equipment and waterline (sometimes hereinafter called "said use and easements"); WHEREAS, by deed of gift dated April 28, 1982, and recorded in said Clerk's Office in Deed Book 741, page 319, Greenwood Community Center conveyed to the County of Albemarle, Virginia, inter alia, said use and easements; WHEREAS, by deed of assumption dated September 3, 1981, and recorded in said Clerk's Office in Deed. Book 726, page 6, Kenneth C. Vorce, Jr., and Susan H. Vorce, his wife, conveyed the property to Thomas W. D. Smith, Jr., and Martha D. Smith, his wife, subject to said use and easements; WHEREAS, said use and easements are no longer required by the County of Albemarle, Virginia, and the ~present owners of the property have requested that said use and easements be released of record; and WHEREAS, the Board of Supervisors~of Albemarle County, Virginia, by motion adopted at its regular meeti~ on July 12, 1989, voted, as set forth in the minutes of said meeting, to relinquish the grantor's easement rights for the aforesaid well ~and waterline and authorized its Chairman to execute a deed pursuan[~to said motion, NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, the receipt~iof which is hereby acknowl- edged by the party of the first part, the said part of the first part does hereby surrender, release, and quitclaim unto the said Thomas W. D. Smith, Jr., and Martha D. Smith, husband and wife, as tenants by the entirety with full right of survivorship as at common law and not as tenants in common, their successors and assigns, the exclusive use of the well shown on the plat of usrvey~ of K. M. Gloeckner, C.L.S., dated July 27, 1979, and recorded in th~ Clerk's Office of the Circuit Court of Albemarle County, Virginia, inlDeed Book 680, page 764, and a permanent easement for the waterline ru~ning from said well to said county's adjoining porperty and an easement of ingress and egress for maintenance of said well, well equipment and waterline. Agenda Item No. 10. Approval of a Floo~ Easement for the Southern Regional Park. ~ Mr. Agnor said that a flood easement on!'ithe Graves' property is needed for the Southern Regional Park dam and lake.~ He said staff recommends that the Chairman be authorized to execute the de~d. Motion was offered by Mr. Bain and seconded by Mrs. Cooke to approve the easement as proposed by the County Executive~in the form presented and to authorize the Chairman to sign the deed. Roil was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. ~erkins and Mr. Way. NAYS: None. iii ABSENT: Mr. Lindstrom. THIS DEED OF EASEMENT, made this 19th day of June, 1989, by and between HUNTER L. GRAVES and LILLIAN C. iGRAVES, husband and wife, Grantor, and the COUNTY OF ALBEMARLE, ¥~RGINIA, a political subdi- vision of the Commonwealth of Virginia, iGrantee; W I T N E S S E TiH : That for and in consideration of Ten Dollars ($10.00), cash in hand paid, and other good and valuable ~onsideration, the receipt of July 12, 1989 (Regular Meeting) (Page 17) which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY unto the County of Albemarle, Virginia, a 100-year flood easement, encompassing approximately 0.94 acres of land across the Grantor's property, Albemarle County Tax Map Parcel 100-45, as shown on plat of Gloeckner & Osborne, Inc., dated June 7, 1989, and entitled "Plat Showing 100 Year Flood Easement on Property Belonging to Hunter L. and Lillian C. Graves, Known as Tax Map 100 Parcel 45, Scottsville Magisterial District, Albemarle County, Virginia," a copy of which is attached hereto as a part of this deed of easement. Reference is made to the Plat for a more particular description of the location of the 100-year flood easement granted herein. This easement is over a portion of the property acquired by the Grantor by deed recorded in the Clerk's office Of the Circuit Court of Albemarle County at Deed Book 319, page 370 ("Tax Map Parcel 100-45"). As a part of this easement, the County agrees to delineate the easement on the ground with steel rods at 50-foot intervals. The County agrees to erect a four-strand barbed wire fence, plus appropriate park boundary markers, on the common property line of the Grantor and Grantee before the Southern Regional Park is opened to the public. ~ The County of Albemarle hereby grants, free of charge, the right of access to the Southern Regiona! Park at the point of the easement to the Grantor's family member~~ who have received permis- sion from the Grantor to do so. This right shall transfer with title to Tax Map Parcel 100-45. If Tax?iMap Parcel 100-45 is sub- divided at some point in the future, any right of access shall go only to that parcel and the owners thereof that encompasses the 100-year flood easement granted herein. ~ As an indication of confidence in its own figures, the County of Albemarle agrees to place $2,000.00 ~f the current project budget for the Southern Regional Park in an escrow account to be claimed by the owner of Tax Map Parcel 100-45 in tSe event the area flooded extends beyond the boundaries of the ea~!ement granted herein. In addition, the County of Albemarle shall lBe responsible for any damage as a result of exceeding the easement granted herein, and agrees to purchase any additional easement necessary at the then- current County appraisal or at a price ~etermined by a private fee appraiser agreeable to the parties. If at the end of ten years the area flooded does not exceed the easement boundaries granted herein, the escrow funds shall be released for use in the Southern Regional Park as deemed appropriate by the County~ of Albemarle. It is also mutually understood by the parties hereto that the County of Albemarle is not responsible for flooding that occurs upstream from the lake, unless such flooding is a result of the backing up of the lake. 173 Agenda Item No. 11. Pay Plan, Adjust Step/Grade for "Computer Operator". Mr. Agnor said that for the past year, there has been a turnover of staff in computer/programmer employees. Those employees who have resigned left the County for job offers due to better, salaries.:.i He said two applicants had accepted employment with the County and were ~ired away by other employers within a month. He said the annual salary survey last year indicated that this position is 11 percent below the averagei starting salary. Before filling the vacant computer operator position, staff ~ecommends that the salary range be increased by ten percent from a Range 11 t6 a Range 13. Mrs. Cooke pointed out that the base salary does not reflect the value of the County's employee benefits. Mr. Agnor agreed, but said that some computer operators/programmers are leaving the County {o work for the State, which provides nearly the same benefits as the County does. Mr. Perkins said the information just provided by Mr. Agnor makes more sense to him than all the salary studies undertaken by the County. He said he July 12, 1989 (Regular Meeting) (Page 18) thinks the salaries for all County positions should be looked at in this way: if the salary is too low for the County to recruit employees or keep them as employees, then perhaps the salary should be raised; if there are plenty of applicants for a job and the employees stay awhile, then the salary should be left alone. Motion was offered by Mr. Bain and seconded by Mr. Bowie to approve increasing the salary range of the Computer Operator position ten percent, to a Range 13, salary $15,835-$22,374, as recommended by the County Executive. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 12. Inspections, Request for Additional Employees. Mr. Agnor said the number of applications for permits has increased significantly since the last inspector was hired in 1985. Based on the actual building permit activity for the first six months over the past three years, the work load for each inspector has increased from an average of 925 inspec- tions per inspector to a projected 1,220 in 1989, He said each inspector spends an average of 15 minutes per inspection, while a more reasonable time per inspection would be 30 minutes, to allow~inspectors some time to discuss violations with contractors. He said the heavy schedule does not allow inspectors to take time for lunch, to attend~a weekly training session, or to return calls from the previous day. Mr. Agnor said that if the revenue from building permit activity continues through this fiscal year at the rate experienced during the past six months, the ~esulting revenues will be more than that projected for FY 89/90. Therefore~ staff recommends that the Board approve an appropriation for the addition of i!a residential/combination inspec- tor and a commercial inspector in the amount~of $72,526, with an equal amount added to the revenues as shown in Mr. Agnor'S~ memo of July 7, 1989 to the Board. Mr. Bain and Mr. Bowie agreed that the ~uality of the inpections must not be allowed to decline and said they support ~he addition of two inspectors. Motion was offered by Mr. Bowie and secdnded by Mrs. Cooke to approve additional Inspection Department employees a~d to approve the following appro- priation as indicated in Mr. Agnor's memo dated July 7, 1989, and set out belOw. Roll was called and the motion carried ~ the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. ~rkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Fiscal Year: 89/90 Purpose of Appropriation: Funding of two additional employees in the Inspections D~partment Expenditure Cost Center/Category 1100034000110000 1100034000210000 1100034000221000 1100034000231000 1100034000241000 1100034000232000 1100034000600100 1100034000550400 1100034000800200 1100034000800300 1100034000800500 Description ~ Amount Salaries - Regular FICA ¥SRS Health Insurance Life Insurance Dental Insuranc~ Office Supplies Education/Training Furniture & Fixtures Communication Equipment-Radio Motor Vehicle Total $40,540,00 3,072.00 4,488.00 1,500.00 438.00 120.00 150.00 348.00 1,100.00 1,770.00 19~000.00 $72,526.00 July 12, 1989 (Regular Meeting) (Page 19) Revenue Description Amount 175 2100013000130308 2100013000130310 2100013000130312 2100013000130314 Building Permits Electrical Permits Plumbing Permits Mechanical Permits Total $40,000.00 10,000.00 12,526.00 10,000.00 $72,526.00 Agenda Item No. 13. Jefferson-MadiSon Regional Library, Approval of Federal Aid Grants. Mr. Agnor said that Jefferson-Madison Rpgional Library has received two Federal Aid grants. Both require written approval of the governing body. Therefore, staff recommends that the Board a~thorize the County Executive to sign the appropriate forms. In addition, Mri Agnor said the County has been advised of State Aid to the Library for FY 89-90, which requires no action by the Board. ~. Motion was offered by Mrs. Cooke and seconded by Mr. Bain to authorize the County Executive to sign the appropriate~.forms for the Federal Aid Grant. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: 'Mr. Lindstrom. Agenda Item No. 14. Jefferson Country ~ire and Rescue Association, Request to Fund Additional Person. Mr. Agnor said the Jefferson Country Fi~e and Rescue Association (JCFRA) had undertaken an in-depth study of the C°un~y's fire and rescue service. Their goal is to complete the report by falli!and present it to the Board in October or November. Previously the Board h~d approved an intern to gather data. Now there is a need for an additional!iperson with expertise in report writing to finalize the entire report. In older to accomplish this, JCFRA is requesting permission to spend up to $5,000 6f the unexpended balance of the $25,000 appropriated for the "Perkins Report'i~!i in FY 89/90. Motion was offered by Mrs. Cooke and se~ionded by Mr. Perkins to approve the request of JCFRA to spend up to $5,000 tq' hire an additional person with expertise in writing reports. Roll was called and the motion carried by the following recorded vote: AYES: Mr~ Bain, Mr. Bowie, Mrs. Cooke, Mr. Berkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 16. Appointment of Dep~y Clerk. Mr. Agnor said that Mrs. Patricia L. Morris had completed her probation- ary period, and she was eligible for appoint~'~nt as Deputy Clerk. Motion was offered by Mr. Cooke and seCohded by Mr. Bowie to appoint Patricia L. Morris as Deputy Clerk to the Boa?d of Supervisors. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. P~rkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 17. Discussion of InterView Process for Appointments. The Board discussed the interview procesS. The consensus of the Board was that Mr. Way and Mrs. Cooke would interview applicants and make recommen- dations to the Board at the September 6, 1989~ meeting, for existing vacan- cies on various boards and commissions. July 12, 1989 (Regular Meeting) (Page 20) 176 The Board then discussed membership on the Fiscal Resource Advisory Committee. Mr. Way asked Mr. St. John if the Board could discuss possible appointees to this committee in executive session. Mr. St. John said "yes", as long as specific individuals were discussed, but the critieria should be discussed in public. After some discussion, the Board decided on the following guidelines for the Fiscal Resources Committee: 3. 4. 5. Persons must be willing to commit to three months of intensive work; Committee to report back to the Board in November; A diversity of people from the community; Someone with expertise in finance; and Roxanne White to furnish staff support primarily, with someone from the Department of Finance assigned to help if necessary. Mr. Way said the appointments to the Committee should be made at the July 19, Board meeting. Agenda Item No. 18. Other Matters Not Listed on the Agenda from the Public and Board. Mr. Way said Mr. Darden Towe has notified him that the Class of 1954 of Lane High School would like to place a plaque over the door to the auditorium designating the official name of "Lane Auditerium". Motion was offered by Mrs. Cooke and seconded by Mr. Bain to have Mrs. Cooke meet with Mr. Darden Towe to look at t~D design. Roll was called and the motion carried by the following recordedi~vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Rerkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Motion was offered by Mr. Bowie and seconded by Mr. Bain to proceed with purchasing lapel microphones for use by the B~ard when meeting in Room #7, with an on/off or mute button. Roll was callRd and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Motion was offered by Mr. Bowie and seconded by Mr. Perkins to designate Mr. Bain to pick up and cast the County ballots at the National Association of Counties Annual Conference. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. ABSTAINING: Mr. Bain. Mr. Bain asked that Mr. St. John and staff research Albemarle County's liability when County police officers work fo= the private sector in County uniform. ~ Mr. Bain described an incident in which a citizen had been ticketed by County police for a moving violation when theJcar was actually parked ille- gally, because the police officer could not issue a parking ticket. Mr. Agnor said counties do not have the same authority as cities to regulate parking. In the County, police officers cannot leave a ticket on July 12, 1989 (Regular Meeting) (Page 21) 177 the windshield of a vehicle parked illegally; instead, they must wait until a driver returns to the vehicle before issuing a summons for violating a parking regulation. This makes it difficult to restrict parking in spaces reserved for handicapped people. In the case referred to by Mr. Bain, Mr. Agnor continued, the driver was charged with failing to obey a highway sign, in this case, a "No Parking" sign. Failure to obey a highway sign is a moving violation and results in points being placed against the driver's license by the Division of Motor Vehicles. Mr. Agnor said this case was dismissed in court, but the potential still exists for future problems. He said Mr. St. John is working on an ordinance to alleviate the problem, but staff also needs to develop several administrative procedures to make it possible for police officers to leave tickets on illegally parked cars. He said individuals ticketed for illegal parking should be able to pay their tickets at the County's Finance office and to appeal any tickets administratively, rather than solely through the courts. Mr. St. John said the issue should be whether the County can avail itself of a ticketing procedure or if it must hold to a summons procedure. He said the wording of the charge cited by Mr. Bain and Mr. Agnor clouds the issue. Mr. Bowie said he attended a seminar in Richmond conducted by the Virginia Resource Authority, a source of bonds for the construction of landfills, among other things. He said the seminar informed particiants on the increasing of constructing and licensing landfills. He said he learned that the time to start thinking about building a new landfill is about eight to ten years before that landfill is needed. Mr. Agnor said counties must submit to a referendum in order to be eligible for Virginia Resource Authority bonds. Mrs. Cooke asked staff to determine the status of the Middleditch request for a bench on Court Square. Motion was offered by Mr. Bain and seconded by Mr. Bowie to turn the existing Crozet Elementary School over to the Building Committee for disposi- tion at the opening of the new Crozet school. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 19. Executive Session: Personnel At 11:58 A.M., motion was offered by Mr.. Bowie and seconded by Mrs. Cooke to adjourn into Executive Session for t~e purpose of discussing identi- fiable personnel under Section 2.1-344a.1 of the Virginia Code. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. P~rkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. ~ At 1:55 P.M., the Board reconvened into ppen session. Motion was offered by Mr. Bain and seconded by Mr. Bowie!to adopt the following certifi- cation: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Boardiof Supervisors has convened an executive meeting on this date pursuapt to an affirmative July 12, 1989 (Regular Meeting) (Page 22) 178 recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity 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 were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Agenda Item No. 15. Comprehensive Plan, Continuation of Work Session on. (Mr. St. John left at 1:57 P.M.) The following actions and statements were made during review of Mr. Cilimberg's memo to the Board dated July 5, 1989: No. 1. Chapter 2: Voluntary Protection Techniques for Public Water Supply Protection. It was recommended that a strategy be included that would require conservation plans as a condition of use value taxation. While the Plan lists this as a possible requirement, Mr. Cilimberg said, it is staff's opinion that state enabling legislation does not exist at this time to allow such a requirement. He said a strategy has been included which would poten- tially lead to the County requesting changes in enabling legislation to allow local discretion in requiring conservation plans. No change was recommended for this section of the Plan at this time. No. 2. Chapter 2: Groundwater Protection. During the public hearing, a recommendation was made that the County strengthen its septic system regulations and require proof of adequate well water before issuing a build- ing permit for residential units. Mr. Cilimbgrg said that staff is in the early stages of a fairly extensive analysis of groundwater resources and he hopes to recommend a groundwater planning program to the Board by early fall. This program is intended to identify both sho~t term and longer range studies and actions that the County should take to pr6tect groundwater, such as possible requests for enabling legislation toii~be made during the next session of the General Assembly. There were no changgs made to this section of the Plan. No. 3. Chapter 3: Recycling of Solid W~ste. Mr. Cilimberg said a recommendation was made during the public hea~ing that a specific statement be included in the Plan that the County will ~ave as a goal to recycle at least 25 percent of its solid waste by 1995. iiI{e said this target is consis- tent with targets established by the State and should be addressed by the Solid Waste Task Force and included in the Public Facilities Plan now under development. Mr. Bowie pointed out that the figure of ~25 percent is not a recommenda- tion, but a mandate. He thinks the Board should authorize that this section include a reference to State mandated legislat~ion and the local task force, whose findings may change the Comprehensive Plan once those findings are released. July 12, 1989 (Regular Meeting) (Page 23) 179 Motion was offered by Mr. Bowie and seconded by Mr. Bain to include a reference to the state mandated legislation and the local task force in Chapter 3, Recycling of Solid Waste. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. No. 4. Chapter 3: Long Range Planning for Public Facilities. Mr. Cilimberg said a number of people have expressed the need for evaluating public facilities and utilities and developing long-range plans. He said staff is currently drafting a Public Facilities Plan for the County, and it is also recommended in the Comprehensive Plan that a Master Utilities Plan be developed for the region. Mr. Cilimberg said staff feels that both Plans must be based on the land use decisions outlined in the revised Comprehensive Plan. The intended capacities and orientation of future development will determine the location and service levels for facilities and utilities based on the criteria established in the Public Facilities Plan and Master Utili- ties Plan. There was no change recommended to this section of the Comprehensive Plan. No. 5. Chapter 3: Neighborhood Two. Mr. Cilimberg said a request was made that the Woodbrook/Carrsbrook Subdivision connector road be eliminated due to the potential through traffic impact on this residential area~ He said the Planning Commission's recommendation to include this connector was based on the desire to keep school bus and neighborhood traffic using the Woodbrook School off of Route 29 North. Mrs. Cooke said that opening a connector between Carrsbrook and Woodbrook would alter the character of both neighborhoods. She does not believe that the streets in Woodbrook subdivision were designed to handle the traffic that would use them if a connector were opened. She thinks that opening the connector and flooding the Woodb~ook subdivision with traffic would do the area a gross injustice. She sa£d a traffic light was placed at the entrance to the Woodbrook subdivision on'Route 29 North to make things safer for the school buses. Motion was offered by Mrs. Cooke and seconded by Mr. Bowie to delete reference to opening a connector road between Carrsbrook and Woodbrook Subdivision in the proposed revision to the Comprehensive Plan. Mr. Bain said he cannot support the motion for the reasons discussed at the meeting of July 5, 1989. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: Mr. Bain. ABSENT: Mr. Lindstrom. No. 10. Chapter 3: Rural Residential Development. Mr. Cilimberg said some members of the public expressed support for the Planning Commission's recommendation to increase the minimum residue lot size from 21 to 40 acres. He said additional requests were made to reduce the number of development rights in water supply watersheds to three. Mr. Cilimberg said the staff assumes that the Board is firm on its prior decisions regarding rural resi- dential subdivision. Mr. Bowie said he thinks the Board must find some way to address rural growth, which will continue to happen, without creating Villages and Communi- ties, which do not seem suitable to rural areas. He said he does not expect staff to take action at this point, but he will bring up this issue again. July 12, 1989 (Regular Meeting) (Page 24) 180 Members of the Board agreed to leave this section of the Comprehensive Plan unchanged. No. 11. Chapter 4: Fiscal Resources. Mr. Cilimberg said that several members of the public have requested that the County undertake a detailed analysis of the fiscal condition of the County and establish a Fiscal Resource Plan. It is hoped that, with the completion of the Comprehensive Plan and the Public Facilities Plan, a detailed projection of revenues and costs can result. Mr. Bowie said he has heard at least one citizen claim that the revised Comprehensive Plan will not be legal because it does not comply with State law without this fiscal plan. For the record, Mr. Bowie said, it is the opinion of the County Attorney that the revised Comprehensive Plan does indeed comply with State law. No. 12. Chapter 4: Official Map. Mr. Cilimberg said it was recom- mended that the County undertake the development of an Official Map as an action agenda item. As a means of implementing the Comprehensive Plan, Mr. Cilimberg said, the staff supports the concePt of an Official Map, which would provide a surveyed location of proposed public improvements. Its ability to preserve these locations for future public use should be deter- mined before developing such a map. Members of the Board recommended no chan-ges to this section of the Comprehensive Plan. No. 13. Miscellaneous Requests for Land Use Designations. Mr. Cilimberg said that staff assumes the Board'~ position regarding individual requests remains unchanged: parcel-specific .requests should be submitted through rezoning requests with corresponding~Comprehensive Plan Amendments. Regarding Mr. Lloyd Wood's request to retain-.the commercial zoning on his property along Rio Road, Mr. Cilimberg said there is some question in staff's mind as to the extent of the currently zoned ~ommercial area that might fall under the Office Service designation. Mr. Cilimberg said he feels that, with the current zoning and the allowances under the Office Service designation, there is no adverse impact on Mr. Wood's proplerty as indicated in the letter dated June 14, 1989. Regarding Dr. Hurt's request for State Farm Boulevard, Mr. Cilimberg continued, it is the staff's opinion that the Regional/Office Service area does extend westward to the referenced stream~ a natural boundary. Regarding Dr. Hurt's request for Hillcrest, the submittal of a Planned Development for this area should allow some flexibility in locating various residential densities. The densities shown in the Plan reflect an earlier proposed plan for Hillcrest. Motion was offered by Mr. Bowie and seconded by Mrs. Cooke to adopt the Comprehensive Plan for 1988-2010 with all the~changes approved by the Board in its work sessions. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Bain, Mr. Bowie, Mrs. Cooke, Mr. Perkins and Mr. Way. NAYS: None. ABSENT: Mr. Lindstrom. Not Docketed: Mr. Agnor noted the correct date for the Beneplus plan year is September i through August 31. Agenda Item No. 18. Other Matters. Mr. Agnor updated the Board on the bids for the design of the intersec- tion of the Meadow Creek Parkway with Rio Road, which was funded in the July 12, 1989 (Regular Meeting) (Page 25) 181 Capital Improvements Plan. He said the contract for the design of the intersection will be awarded to Sverdrup Corporation, which presented the lowest bid. he said that staff is prepared to sign the contract, unless the Board objects. There were no objections. Mr. Way said the joint School Board meeting scheduled for July 24 has been cancelled. The next date is tentatively set for August 28. At that time, the Boards would discuss a suggestion that has been made by the Superintendent's office to change the date and time for the joint meetings. At 2:53 P.M., with no other business to come before the Board, the meeting was adjourned. CHAIRMAN