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Home My WebLink About2005-08-10 BOARD OF SUPERVISORS FINAL AUGUST 10, 2005 COUNTY OFFICE BUILDING II 1. 2. 3. 4. 5. II 1 . 2. 3. 4. 5. 6. 4:00 P.M., MEETING ROOM 235 II Call to Order. Work Session: Community Development Process Improvement. Closed Session. Certify Closed Session. Adjourn. 6:00 P.M., MEETING ROOM 241 II Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Consent Agenda (on next page). Public hearing to receive comments on proposed short-term lease agreements between Albemarle County and Piedmont Housing Alliance, Inc. and between Albemarle County and Lewis & Clark Exploratory Center of Virginia, Inc. for a portion of the Albemarle County Office Building located on Mcintire Road. 7. SP-2005-004. Final Touch Tree Service, LLC (SiQn #73). Public hearing on a request for Home Occupation Class B for office use to support tree trimming business, in accord w/Sec 10.2.2.31 of the Zoning Ord which allows for Home Occupations Class B in the RA by special use permit. TM 7, P 30 contains approx 5 acs. Loc at 2985 Shiffletts Mill Rd (Rt 687), approx 1 mile W of its intersec w/Free Union Rd (Rt 601). Znd RA. White Hall Dist. 8. ZMA-2004-007. Belvedere (SiQns #62,76&84). Public hearing on a request to rezone approx 206.682 acs from R-4 to NMD to allow up to 775 du, w/overall density of 3.74 dulac, ranging from density of 1.6 du/ac in some areas to 9.4 du in others. TM 61 Ps 154, 157, 158, 160 (portion) & 161, TM 62 Ps 2A (portion) 2B (portion), 2C, 3, 5 & 6A, & TM 62A3 P11. Loc on E side of Rio Rd (Rt 631) immediately E of Southern Railroad. (The Comp Plan designates this property as Neighborhood Density in northern portion of property (3-6 du/ac), Urban Density in middle & southern portions (6-34 du/ac) & Community Service adjac to railroad, in Neighborhood 2. Rio Dist. 9. From the Board: Matters Not Listed on the Agenda. 10. Adjourn. CONSENT AGENDA FOR APPROVAL: 5.1 Approval of Minutes: September 1, 2004 and April 18(A), 2005. 5.2 ZMA-2004-017. Wickham Pond (SiQn #64). Applicant requests deferral until October 12, 2005. 5.3 Resolution of Intent to establish a segment of East Rio Road as an Entrance Corridor Overlay District and to amend the zoning map accordingly. 5.4 Requested FY 2005 Appropriations. 5.5 Requested FY 2006 Appropriations. 5.6 BENEPLUS Plan Revision. 5.7 Resolution approving the filing of application to the Virginia Public School Authority for bond revenue in a principal amount not to exceed $7,790,000. 5.8 Resolution to Waive the Ivy Landfill Settlement Agreement's "No Opposition Provision" Regarding Cell 5. FOR INFORMATION: 5.9 Notice of application filed with the State Corporation Commission by Virginia Electric and Power Company to revise its market prices for generation and resulting wires charges for Calendar Year 2006 (Case No. PUE-2001-00306). Kenneth C. Boyd Rivcmnn COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 Dennis S. Rooker Jack Jouett David P Bowerman Rio Sally H. Thomas Samuel Miller Undsay G. Dorrier, Jr. Scottsville David C. Wyant White Hall August 10,2005 Pursuant to 9 15.2-1418 of the Code of Virginia, we, the undersigned, members of the Board of County Supervisors of Albemarle County, Virginia, do hereby waive notice and special service thereof, of a meeting to be held at 4:00 p.m., on the 10th day of August 2005, and we do hereby consent to considering any and all business and the taking of such action at said meeting as may be lawful and necessary. /1/7 fif~~H/~-J I;f'P. Bowerman ! \ ,~ 'v~-,,\'~ ( \ ,-..'-\. Kenneth C. Boyd /~ ( -)",-" .l.,-'" 'I _I' v g~ Dennis S. Rooker ,pe/f,0/ lZT/JrAU . ally H. Thomas .6~~~~. David C. W nt * Printed on recycled paper ACTIONS Joint Meeting with Albemarle County School Board of August 9, 2005 Auaust 12, 2005 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 4:00 p.m. by the Chairman, Mr. Rooker, and School Board Vice- Chairman, Ms. Friedman. All BOS and School Board Members were present, except Ms. Moynihan. Also present were Bob Tucker, Kevin Castner, Larry Davis, Tom Foley, Roxanne White, Jennifer Johnston and Ella Carey. 2. Discussion: Capital Improvements Program. County Executive: Proceed as directed. . APPROVED the following recommendations: 1. Agreed to the debt targets as presented; 2. Agreed that long term planning for a new high school would need to begin no later than 2010; 3. Directed the Long Range Planning Committee to build their project request within the debt targets; 4. Directed the County Executive to form a CIP Staff Review Team; and 5. Directed the County Executive to form a CIP . Oversiqht Committee. 3. Update on Lane Auditorium Renovations. Ron Lillley/Mike Stumbauah: Proceed as . DISCUSSED. Requested staff/architect to directed. bring back more options that would allow a narrower dais configuration. Requested that the other users have an opportunity to provide input before bringing back to the Board. 4. Matters not Listed on the Agenda from the Board and School Board. . There were none. 5. Adjourn to August 10, 2005, 4:00 p.m., Room 235. . Due to the lack of a quorum the Chairman adiourned the meeting at 5:56 p.m. ACTIONS Board of Supervisors Special Meeting of August 10, 2005 4:00 P.M., Meeting Room 235 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 4:02 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, Mark Graham and Debi Moyers. 2. Work Session: Community Development Process Mark Graham: Proceed as directed. Improvement. . HELD. Mr. Graham discussed five strategies to consider and provided an update on CityView. . CONSENSUS of the Board to defer staff's recommendation to reduce Planning Commission's role in ministerial reviews until staff consults with the Planning Commission and reports back to the Board. . CONSENSUS of the Board to defer staff's recommendation regarding limit use of deferrals (although the Board did indicate its preference for this) in legislative reviews until staff consults with Blue Ridge Home Builders and Planning Commission to see if time frame is reasonable and then report back to Board. . CONSENSUS of the Board to defer staff's recommendation regarding implementation of a proffer policy until the Board investigates and decides whether to take further action. . CONSENSUS of the Board to take Ms. Thomas suggestion under "Define expectations", to summarize staff recommendation to, "Staff would like clearer guidance from the Board of Supervisors before staff sets off on any of these processes". This would make it the responsibility of the Board of Supervisors to make sure staff is clear as to what the Board wants before they start the process. Mr. Tucker stated an action rather than one or two Board members mentioning it would be clearer for staff. Mr. Graham stated his staff has an obligation to raise the concerns/issues with the Board so that the Board understands the issues. . CONSENSUS of the Board to approve staff's recommendation regarding public involvement process. 3. Closed Session. . At 5:20 p.m., the Board went into closed session to consider the acquisition of property for public use as a permanent buffer area. (Note: Mr. Rooker excused himself from participation in this matter as a client of his filed the application). ACTIONS Board of Supervisors Meeting of August 10, 2005 6:00 P.M., Meeting Room 241 1 . Call to Order. Meeting was called to order at 6:00 p.m. by the Chairman, Mr. Rooker. All BOS members were present. Also present were Bob Tucker, Larry Davis, and Debi Moyers. Non-Agenda. Certify Closed Session. At 6:00 p.m., the Board reconvened into open session and certified the closed session 4. From the Public: Matters Not Listed on the Agenda. . Mike Zbailey, a resident from Keswick, spoke about the proposed Rivanna Village project. Concerned there does not seem to be any funds or staff time available for planning. In summary, he asked the Board to get input from the public, produce a Master Plan, prepare the infrastructure, and execute the plan. 2 . Tom Loach, a resident of Crozet, commented on the Community Development Process Improvement work session which he attended. 5.2 ZMA-2004-017. Wickham Pond (SiQn #64). Clerk: Schedule on October 12, 2005 agenda. Applicant requests deferral until October 12, 2005. . APPROVED the applicant's re~uest to defer the public hearinq until October 1 i . 5.3 Resolution of Intent to Establish a segment of East Planninq Commission: Hold public hearing on Rio Road as an Entrance Corridor Overlay District the zoning text amendment and the zoning map and to amend the zoning map accordingly. amendment and make its recommendations to . APPROVED Resolution of Intent to designate the Board of Supervisors at the earliest possible East Rio Road between Route 29 and the date. Norfolk Southern Railway as an Entrance (Attachment 1) Corridor Overlay District and to amend the zoning map accordinaly. 5.4 Requested FY 2005 Appropriations. Clerk: Forward signed appropriation forms to . APPROVED FY 2005 Appropriations #2005063 Richards Wiggans, OMB and copy appropriate and #2005064. individuals. 5.5 Requested FY 2006 Appropriations. Clerk: Forward signed appropriation forms to . APPROVED FY 2006 Appropriations Richards Wiggans, OMB and copy appropriate #2006005,#2006006, #2006007,#2006008, individuals. #2006009, and #2006010. 5.6 BENEPLUS Plan Revision. Kimberly Suyes: Proceed as directed. . APPROVED amendment to the BENEPLUS (Attachment 2) plan incorporating the IRS-approved change and extending the claims submission deadline by the 2 ~ month grace period. The amended language will be set forth in a new subsection 9.05. 5.7 Resolution approving the filing of application to the Clerk: Forward signed resolution to VPSA and Virginia Public School Authority for bond revenue in copy Superintendent, County Attorney and a principal amount not to exceed $7,790,000. Finance. . APPROVED resolution authorizing the County's (Attachment 3) application to the Virginia Public School Authority for $7,790,000 in bond revenues. 5.8 Resolution to Waive the Ivy Landfill Settlement Clerk: Forward copy of signed resolution to City Agreement's "No Opposition Provision" Regarding Council, RSWA and County Attorney's office. Cell 5. (Attachment 4) . ADOPTED resolution. 6. Public hearing to receive comments on proposed County Attorney: Provide Clerk with copy of short-term lease agreements between Albemarle signed documents. County and Piedmont Housing Alliance, Inc. and between Albemarle County and Lewis & Clark Exploratory Center of Virginia, Inc. for a portion of the Albemarle County Office Building located on Mcintire Road. . AUTHORIZED County Executive to execute the building leases for Lewis & Clark Exploratory Center of Virginia, Inc. and Piedmont Housing Alliance, Inc. under the terms outlined in the executive summary, provided that the lease is in a form approved by the County Attorney. 7. SP-2005-004. Final Touch Tree Service, LLC (Sign Clerk: Set out conditions of approval. #73). (Attachment 5) . APPROVED SP-2005-004, by a vote of 6:0, subject to the four conditions recommended by the Plannina Commission. 8. ZMA-2004-007. Belvedere (Sians #62,76&84). 3 . HELD public hearing. . DEFERRED until September 7,2005. th f . Mr. Bowerman made a motion which was Clerk: Reschedule on September 7 agenda or seconded by Mr. Wyant to add the public 5:30 p.m. public hearing. hearing to the end of the agenda on September 7th day meeting. Mr. Rooker suggested the public hearing not start before 5:30 p.m. Motion PASSED bv a vote of 6:0. 9. From the Board: Matters Not Listed on the Agenda. Sally Thomas: . Met with Monacan Indian Tribe representatives and the plan is to have seven or eight historical markers around the County about their role in the County's history. . Reminded Board about VACo meeting August 13-15. Mr. Rooker said he is registered but will not be able to go if another Board member would like to go in his place. Ken Boyd: . Stated a large development is being planned in County Executive: Proceed as directed. Orange County right across the line from Albemarle. Wanted to know how the County protects its' rural areas from neighboring counties that build right along the County's line. Wanted to know if any conversations in the past have happened about this. Dennis Rooker: . Board accepted proffers on Albemarle Place County Attorney: Proceed as directed. and Hollymead Town Center that included the agreement to participate in CDAs contributing up to a 25ft tax increment on the properties for public improvements. Envisioned that those funds would be used for transportation improvements. Would like to start taking the steps necessary to get something in place which enables the County to accrue the funds. Asked Mr. Davis to bring back specific recommendations/plans on how to put those proffers in place. OMB: Proceed as approved. . Brought up August 1, 2005 letter from the Office of the Commonwealth's Attorney requesting annual salary adjustments for the Sheriff and the Commonwealth's Attorney using the same formula that is used for the Board of Supervisors and some County employees. APPROVED funding on an annual basis for Sheriff and Commonwealth's Attorney effective July 2006. 10. Adjourn. . The meeting was adjourned at 8: 10 p.m. /djm Attachment 1 - Resolution of Intent to Designate East Rio Road between Route 29 and the Norfolk Southern Railway as an Entrance Corridor Overlay District. Attachment 2 - BENEPLUS Plan Revision Attachment 3 - Resolution Approving the Filing of an Application with the Virginia Public School Authority for a Loan in an Approximate Principal Amount of $7,790,000 4 Attachment 4 - Resolution to Waive the Ivy Landfill Settlement Agreement's 'No Opposition Provision" Regarding Cell 5. Attachment 5 - Conditions of Approval for Planning Item 5 ATTACHMENT 1 RESOLUTION OF INTENT WHEREAS, the intent of the Entrance Corridor Overlay District (Zoning Ordinance ~ 30.6, contained in Chapter 18 of the Albemarle County Code) is to, among other things, implement the Comprehensive Plan's goal of protecting Albemarle County's natural, scenic, historic, architectural and cultural resources; ensure a quality of development compatible with those resources through architectural review of development; and to enhance the County's attractiveness to tourists and other visitors and to sustain and enhance the economic benefits accruing to the County; and WHEREAS, the Entrance Corridor Overlay District is established upon parcels along certain transportation corridors designated as arterial streets or highways pursuant to Title 33.1 of the Virginia Code, which are identified in Zoning Ordinance ~ 30.6.2(c); and WHEREAS, that portion of State Route 631 (East Rio Road) between Route 29 and the Norfolk Southern Railway tracks has been recently reclassified by the Commonwealth of Virginia from Urban Collector to Urban Minor Arterial, and is now therefore a transportation corridor upon and along which an Entrance Corridor Overlay District may be established; and WHEREAS, it is desired to amend Zoning Ordinance ~ 30.6.2 to establish an Entrance Corridor Overlay District upon and along that portion of East Rio Road described above for the reasons set forth herein and the additional reasons set forth in Zoning Ordinance ~ 30.6. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance ~ 30.6.2 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein, and to amend the Zoning Map accordingly. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment and the zoning map amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. ***** 6 ATTACHMENT 2 COUNTY OF ALBEMARLE FLEXIBLE HEALTH BENEFITS PLAN (BENEPLUS) Section 1 PURPOSE The purpose of this Plan is to permit Eligible Employees of the Employer to choose among the Benefits provided by the Employer under this Plan in such a fashion as best suits their individual circumstances, and further to encourage and help provide for expanded, but cost effective medical and dental benefits and other health coverage for each Eligible Employee and for his spouse and Dependents, and dependent care coverage for each Eligible Employee. It is the intent of the Employer that this Plan qualify as a "cafeteria plan" within the meaning of Section 125 of the Code, and to the maximum extent possible, that any Benefits paid under the Plan be eligible for exclusion from gross income under Sections 105, 106, and 129 of the Code. The employer presently provides, and will continue to provide, a variety of other employee benefits to some or all of its employees on a non-elective basis. The Benefits provided under this Plan shall be in addition to and not in lieu of such other benefits, and such other benefits shall not constitute a part of this Plan. Section 2 EFFECTIVE DATE AND PLAN YEAR The effective date of this Plan, as amended, shall be September 1, 1990. The plan shall be kept on the basis of a fiscal Plan Year beginning September 151 and each subsequent August 31 st. Section 3 DEFINITIONS 3.01 Benefits. "Benefits" means the health and accident benefits available under this Plan that are described in Section 5. 3.02 Code. "Code" means the Internal Revenue Code of 1986, as now in effect or as it may be amended hereafter, and includes any regulations or rulings issued thereunder. 3.03 Dependent. The "Dependents" of a Participate for each Plan Year shall include his spouse and any of the following individuals who depend on the Participate for more than one-half (1/2) of their support during the Plan Year: (a) his son or daughter, a descendent of either, or stepson or stepdaughter; (b) his father or mother, an ancestor, brother or sister of either, or stepfather or stepmother; (c) his brother or sister, a son or daughter of either, or stepbrother or stepsister; (d) his son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister- in-law; or (e) any other individual whose principal residence is with the Participate and who is a member of the Participant's household during such Plan Year. 3.04 Dependent Care Recipient. A "Dependent Recipient" qualified to receive Benefits under Section 5 of the Plan is any Dependent who is either: (a) a son, daughter, stepson, or stepdaughter ("child") of a Participate who is under the age of thirteen (13); (b) any Dependent who is physically or mentally incapable of taking care of himself or who regularly spends at least eight (8) hours a day in the Participant's home; (c) any other Dependent who is under the age of thirteen (13) and whose gross income for each of the calendar years covered by such Plan Year is less than $2,000. 7 3.05 Educational Institution. "Educational Institution" means any educational institution which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. 3.06 Eligible Employees. An "Eligible Employee" is any Full-time or Part-time employee who is eligible to participate in the Plan under Section 4.01. 3.07 Eligible Health FSA Expenses. "Eligible Health FSA Expenses" mans any medical, dental, or other health care expenses deductible under Section 213 of the Code that are incurred by a Participate or by the Participant's spouse or Dependents, that are not otherwise reimbursed under the Insurance Policies maintained by the Employer or under any other health plan coverage, and that are described in requests for reimbursement under the Health FSA provided under the Plan that comply with the Claims Procedures described in Section 9 hereof. Notwithstanding the above, "Eligible Health FSA Expenses" do not include reimbursements for any Participant's premium payments for other health plan coverage, such as premiums paid for health coverage under a plan maintained by an employer of the Participant's spouse or Dependents. 3.08 Eligible Dependent Care Expenses. "Eligible Dependent Care Expenses" manes all expenses for Qualifying Dependent Care Services incurred by a Participant or by his or her Spouse which are paid to a Qualified Caregiver or a Qualified Dependent Care Center. 3.09 Employer. "Employer" means County of Albemarle, or any other agency that is affiliated with the Employer within the means of the controlled group rules of Section 414 (b), (c), or (m) of the Code that has adopted this Plan (or an amended version of this Plan) after obtaining formal approval for such adoption from the Board of Supervisors. 3.10.a. Full-time Employees. "Full-time Employees" are employees (other than leased employees within the meaning of Section 414(n) of the Code) who customarily work at least 40 hours per week for the Employer or as otherwise designated by policies governing employment status. 3.10.b. Part-time Employees. "Part-time Employees" are employees who work at least 20 hours per week and are not classified as full-time employees. 3.11 Health Benefits. "Health Benefits" means the medical and dental benefits described in Sections 5.01 and 5.02(a) of the Plan. 3.12 Health FSA Account. "Health FSA Account" means the Flexible Spending Account ("FSA") of the Plan under which Eligible Health FSA Expenses are paid. 3.13lnsurance Policies. The "Insurance Policies" shall mean the agreements between the employer and various insurance companies licensed to provide health insurance coverage in the State of Virginia, under which such insurance companies are required to provide insurance coverage to support, in whole or in part, as agreed by the Employer, the medical, dental or other insurable Health Benefits described in Schedule A attached to the Plan. 3.14Participant. A "Participant" is any Eligible Employee who is a Participant under the Plan under Section 4.02, or any individual who is receiving coverage under either the Insurance Policies, the FSA Accounts of this Plan, or in accordance with the Continuation of Health Benefits rules in Section 8. 3.15Plan. The "Plan" is the County of Albemarle Flexible Benefit Plan (Beneplus) as it exists and may be amended from time to time. 3.16Plan Contributions. "Plan Contributions" are the amounts paid by Participants during the Plan Year for benefits described in Section 5, by reducing salary to pay for additional non- 8 cash Benefits. Such Plan Contributions may be made on a "pre-tax basis", in which case the Plan Contributions are not included in the Participant's taxable income for such Plan Year, or on an "after-tax basis", in which case the Plan Contributions are included in the Participant's taxable income for such Plan Year. 3.17Plan Year. "Plan Year" mans the twelve month period commencing on September 1st and ending on August 31 st. 3.18Qualified Caregiver. A "Qualified Caregiver" is a person performing Qualifying Dependent Care Services who is not: (a) A Dependent; (b) A Spouse; or (c) A child of the Participant who has not attained the age of nineteen (19) as of the close of the Plan Year in which the Qualifying Dependent Care Services were provided. 3.19Qualified Dependent Care Center. A "Qualified Dependent Care Center" is a licenses dependent care center that provides dependent care for more than six individuals, and operates in compliance with all applicable laws of both the state and town, city or village in which it is located. 3.20Qualifying Dependent Care Services. "Qualifying Dependent Care Services" means services which are performed to enable a Participant or his Spouse to maintain gainfully employed, which are related to the care of one or more Dependent Care Recipients (including household services related to such care), and which are performed either within or outside the home of the Participant. Such Qualifying Dependent Care Services must be performed during the Plan Year and after the Participate has filed an election to receive Benefits under the procedures described in Section 7. Section 4 ELIGIBILITY AND PARTICIPATION 4.01 Eligibility. All full-time or part-time (as defined in 3.10) Employees of the Employer shall be eligible to participate in this Plan. 4.02 Participation. Each employee who is eligible to participate in the Plan under Section 4.01 shall become a Participant in this Plan on the later of the effective date of this Plan or on the first day of the calendar month following employment if starting employment before the 15th of the month, otherwise the first day of the second month following employment if starting employment after the 15th of the month. A Participate who terminates or is discharged from employment with the Employer shall cease to be a Participant in the Plan on the effective date of such termination, or discharge, or reduction in hours to less than 20 hours per week. Not withstanding the above, an individual who has ceased to be an Eligible Employee can continue to be a Participant in the Plan, if and to the extent such an individual elects Continuation of Health Benefits under the rules in Section 8. Section 5 BENEFITS 5.01 Pre-tax Contributions for Employee Share of Insurance Policy Premiums or Other Health Plan Costs. From the effective date of the Plan and for so long as this Plan is continued, the Employer shall provide to each Participant for each Plan Year a cafeteria benefit to permit Employees to pay their share of Insurance Policy premiums or other health plan costs (out of pre-tax dollars) by reducing their salaries in the total amount shown on schedule A. Each Participant may elect to receive this Health Benefit as an after-tax benefit, by indicating on the health plan enrollment form. 9 5.02 Additional Salary Reduction Benefits. From the effective date of the Plan and for so long as this Plan is continued, every Participant in the Plan shall be eligible to elect to reduce his salary and receive instead some or all of the following Benefits by filing an election to receive such Benefits under the Procedures described in Section 7 and 8: (a) Health FSA Benefits. Reimbursements under the Plan are available for all eligible Health FSA Expenses incurred by a Participant or his spouse or Dependents for health care provided or other medical expenses incurred during the Plan Year and after the date on which the Participate has filed (or is deemed to have filed) an election to receive such benefits under the procedures described in Sections 7 and 8. The maximum Plan Contribution during any Plan Year by a Participant may not exceed the maximum amount of Benefits described in Section 5.05, except to the extent that contributions equal to 102 percent of plan costs are required under Section 8. The maximum reimbursement under the Health FSA available at any time during the period of coverage of any Participant during any Plan Year equals the maximum Health FSA Benefits elected for such period of coverage, reduced by all prior reimbursements for Eligible Health FSA Expenses paid for the same period of coverage. If any Participant ceases to make required contributions to the Health FSA, no Benefits shall be paid hereunder for any health expenses incurred after the end of that portion of the period of coverage which corresponds to the portion of total scheduled Plan Contributions to the Health FSA for such period of coverage that were paid by the participant prior to his or her cessation of contributions. If Health FSA Benefits cease to be provided after such a cessation of required contributions, the Participant may not make an election to rejoin the Plan for the remaining portion of the Plan Year. 5.03 Maximum Health FSA Benefits. The maximum Health FSA Expenses payable to any Participant during any Plan Year is $4,000. 5.04 Maximum Dependent Care FSA Benefits. A Participant who is married at the close of a Plan Year may not receive Benefits for Eligible Expenses incurred by him for the Plan Year in excess of the least of : (a) $5,000 (or $2,500 in the case of a married Participant filing a separate federal income tax return from his spouse); (b) His Earned Income for such Plan Year; or (c) The earned Income of his spouse for such Plan Year. A participant who is not married at the close of the Plan Year may not receive Benefits for Eligible Expenses incurred by him in the Plan Year in excess of the lesser of $5,000 or his Earned Income for the Plan Year. Notwithstanding the above, the maximum Benefits paid under this Plan must be reduced by the amount of any tax-exempt dependent care assistance benefits received by the Participant or his spouse from any other employer during the Plan Year. 5.05 Nondiscriminatory Benefits. The plan is intended not to discriminate in favor of highly compensated individuals as to eligibility to participate, contributions and/or Benefits, and to comply in this respect with the requirements of the Code. If, in the judgment of the Plan Administrator, the operation of the Plan in any Plan Year would result in such discrimination, then such Plan Administrator shall make recommendations to select and exclude from coverage under the Plan, such Participants and/or reduce such Plan Contributions and/or Benefits under the Plan, all as shall be necessary to assure that, in the judgment of the Plan Administrator, the Plan does not discriminate. 10 Section 6 LIMITATIONS 6.01 Maximum Overall Contributions. No Participant who is an Eligible Employee shall be entitled to forego or reduce cash compensation by more than the aggregate maximum amount of Benefits specified in Section 5. Individuals participating under the Continuation of Health Benefit Rules or Section 8 shall not be required to make Plan Contributions in excess of the amounts specified in such Section. 6.02 Forfeiture of Unused Benefits. A Participant shall receive no reimbursement for Benefits elected, but unused, during a Plan Year for any reason. Section 7 ELECTIONS BY ELIGIBLE EMPLOYEES 7.01 Effective Date of Elections. For any Plan Year, a Participant who is an Eligible Employee may affirmatively elect to receive any of the Benefits listed in Section 8 by filing an election form, which may be obtained from the Employer, and which shall specify the type and exact amount of each of such Benefits, and the corresponding amount of Plan Contributions to be paid by the Participant for such Benefits during the period covered by the election. The initial election filed by any Participant who is an Eligible Employee shall become effective on the first day of the monthly pay period which commences after such election form is submitted, properly signed and dated, by the Participant to the Employer and accepted on behalf of the Employer. Any subsequent election filed by such a Participant shall become effective on the first day of the subsequent Plan Year for which such election is made. If any Eligible Employee fails to file an election form by the end of the thirty (30) day period after he first becomes an Eligible Participant, he shall be deemed to have elected to receive all cash Benefits under this Plan. 7.02 A. Duration of Elections for Health Insurance Premiums. Once effective, any such affirmative or deemed election described in Section 7.01 shall remain in effect until the end of the Plan Year for which it was made, and throughout all subsequent Plan Years, unless a change is made pursuant to Sections 7.03 through 7.06 below. 7.03 B. Duration of Elections for Health and Dependent Care FSA's. Elections expire at the end of each Plan Year. 7.04 New Elections for Subsequent Plan Years. A Participant may change his election for any Plan Year subsequent to the Plan Year in which such a change is made, by filing a new election form by the first day of the Plan Year for which he wants such revised election to be effective. 7.05 Revocation of Election on Termination of Service or Switch to Part-time (less than 20 hours per week) Employment. The election of any Participant who terminates or is discharged from Employment with the Employer or who becomes Part-time with less than 20 hours per week will be automatically terminated, effective as of the effective date of such termination, resignation, or reduction in hours. Such a terminated election may be reinstated, however, solely to the extent that a Participant elects to continue to receive the Health Benefits covered by such an election under the Continuation of Health Benefits Rules in Section 8. Except as provided in Section 8, no Benefits will be paid for any expenses incurred for services provided after the effective date of any revocation of a Participant's election. Any Plan Contributions made for the portion of the Plan Year extending beyond such election revocation date will be refunded to the Participant. If the Participant becomes an Eligible Employee again within the same Plan Year, the Participant may not make a new election for the remainder of the Plan Year with respect to any Benefits that were terminated as of the effective date of such termination, discharge, or reduction in hours. 11 7.06 Mid-year Changes in Health Benefit Election on Account of Cost or Coverage Changes. If the cost of any Health Benefits described in Schedule A increases or decreases during the Plan Year, corresponding changes consistent with such increase or decrease will automatically be made in Plan Contributions for such Health Benefits scheduled to be made by affected Participants. If any such cost increase raises a Participant's Plan Contributions for such Health Benefit by more than 25 percent, or if any health coverage under any policy described in Schedule A is significantly curtailed or ceases during the Plan Year, the affected Participants may elect to cease participation under such Health Insurance Policy or plan, or I lieu thereof to receive on a prospective basis coverage under a similar health insurance policy or plan provided by the Employer. Amendments in outstanding Health Benefits elections, including elections under the Health FSA, may also be made during the Plan Year whenever there has been a significant change in the health coverage of the Participant, or his or her spouse attributable to the spouse's employment, provided that such election changes are consistent with the change in health coverage. Notwithstanding the above, this Section 7.06 does not permit a Participant's election to be changed to reduce Plan Contributions to the Health FSA and the corresponding Benefits reimbursing Eligible Health FSA Expenses, unless the Participant's Plan Contributions to the Health FSA made during the part of the Plan Year preceding such election change either equal or exceed the Benefit reimbursements for Eligible Health FSA Expenses during the portion of the Plan Year preceding such election change. 7.07 Mid-Year Changes in Health and Dependent Care FSA Elections on Account of Life Events. A participant may change his election for the remainder of any Plan Year for which an election has been made or deemed made only if such change in his election is on account of, and consistent with, a Life Event. A "Life Event" shall be an event in the life of the Participant which, as determined in the discretion of the Plan Administrator, increases or decreases the number of Dependents qualifying for Benefits under this Plan, including, without limitation, marriage or divorce of the Participant, death of a spouse or other Dependent, birth or adoption of a Dependent, termination or commencement of a spouse's employment, a switching from full-time to part-time employment status by the Participant's spouse, and the taking of a leave of absence by the Participant or his or her spouse. In the event that Plan Contributions and the corresponding Plan Benefits for the balance of the Plan Year are terminated as the result of such a change in an election, any Plan Contribution made for the portion of the Plan Year extending beyond such election revocation date will be refunded to the Participant. Changes will be effective the first of the next month if received by the Plan Administrator by the 10th of the month, otherwise the change will be effective the first of the second month. 7.08 Effect of Change in FSA Account Election on Maximum Health FSA Benefits. Any change in an election affecting annual Plan Contributions to the Health FSA pursuant to Section 7.06 also will change the Maximum Health FSA Benefits for the period of coverage remaining in the Plan Year. Such Maximum Health FSA Benefits for the period of coverage following an election change shall be calculated by adding the balance remaining in the Participant's FSA as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the remainder of the Plan Year. Changes to reduce the health FSA shall be no less than any benefits already paid during the plan year. Section 8 CONTINUATION OF HEALTH BENEFITS FOLLOWING TERMINATION OF EMPLOYMENT OR COVERAGE 8.01 Availability of Continued Health Benefits. The Health Benefits under the Plan will be available to all persons whose Health Benefits would otherwise terminate due to a qualifying event described in Section 8.04 or 8.05, and who qualify under the terms of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended and subsequent 12 regulations and amendments. Anyone eligible to elect to continue coverage under this Section 8 shall be referred to herein as a "Qualifying Beneficiary". 8.02 Continuation of Health Benefits By Payment from Final Paycheck. Any Participant who is terminated or discharged from employment with the Employer or who switches to part- time (less than 20 hours per week) employment status may elect to receive all or some of the Health Benefits covered by his Plan election in effect at the time of such termination or reduction in hours, by paying the Plan Contribution due for such Health Benefits for the balance of the Plan Year out of the Participant's final paycheck (in the case of a termination of service) or last paycheck for the pay period prior to the reduction in hours. If such paycheck is not sufficient cover the full amount of the Plan contribution due for the balance of the Plan Year, the Participant must pay any balance due to the Employer, by making an additional after-tax Plan Contribution within ten (10) days after termination of employment or reduction in hours. 8.03 Purchase of Health Benefits at 102% of Cost. A Qualified Beneficiary whose Plan Benefits have been terminated for any of the qualifying event enumerated in Section 8.04 or 8.05 has the right to continue in the Plan for all health benefits which under the Plan the Qualified Beneficiary was entitled to receive on the day immediately preceding the date of the qualifying event. The time period for which the continuation coverage is available is indicated below in conjunction with the qualifying event. One Hundred Two Percent (102%) of the full cost of providing such coverage shall be charged to any person continuing in the Plan. Notwithstanding the foregoing, in the case of an extension of the 18-month period described in Section 8.04 to 29 months pursuant to Section 8.06, One Hundred Fifty Percent (150%) shall be substituted for One Hundred Two Percent in the preceding sentence for any month after the eighteenth month of continuous coverage. This cost shall be determined at the beginning of each Plan Year and shall remain in effect for the remainder of such Plan Year. 8.04 Qualifying Events Triggering Eighteen Months of Continuation Coverage. An eighteen (18) month continuation of Health Benefits shall be available to Qualified Beneficiaries who lose coverage due to one of the following qualifying events: (a) the termination of employment by a Participant who is an Eligible Employee for any reason except gross misconduct; (b) the loss of eligibility of a previously Eligible Employee to participate in the Plan due to reduced work hours. 8.05 Qualifying Events Triggering Thirty-six Months of Continuation Coverage. A thirty-six (36) month continuation of Health Benefits shall be available to Qualified Beneficiaries who lose coverage due to one of the following qualifying events: (a) death of a Participant who is an Eligible Employee; (b) divorce or legal separation from a Participant who is an Eligible Employee; (c) a covered Dependent child's loss of eligibility to participate in the plan due to age or a change in student status; (d) a covered Dependent's loss of eligibility to participate in the Plan due to the Eligible Employee becoming entitled to Medicare. If a qualifying event listed in this Section 8.05 occurs within the 18-month period described in Section 8.03, the 36-month continuation period shall be deemed to commence as of the date of the qualifying event in Section 8.04. Solely to the extent required by law, in the case of an event described in Section 8.05(d), the period of continuation coverage for covered Dependents for such event or any subsequent qualifying event shall not terminate before the end of the 36-month period beginning on the date the Eligible Employee became entitled to Medicare. 8.06 Other Qualifying Event Rules. In the case of a Qualified Beneficiary who is determined to have been disabled (within the meaning of the Social Security Act) at the time of a 13 qualifying event described in Section 8.04, any reference in Section 8.04 to 18 months with respect to qualifying event is deemed to be a reference to 29 months, but only if the Qualified Beneficiary provides notice of such determination of disability to the Plan Administration within 60 days of such determination, but not later than the otherwise applicable 18-month period. Such Qualified Beneficiary must also notify the Plan Administrator of any final determination that he is no longer disabled, within 30 days of such final determination. 8.07 Notification Rules. The Eligible Employee or Qualified Beneficiary is required to notify the Plan Administrator within 60 days of a qualifying event described in Section 8.05 (b) or (c). If an Eligible Employee or Qualified Beneficiary fails to provide such notice, the Qualified Beneficiary shall lose his right to elect continuation of coverage under this Section 8. The Employer is required to notify the Plan administrator within thirty (30) days of any other qualifying event. The Plan Administrator shall notify each Qualified Beneficiary of his right to continuation of coverage within fourteen (14) days of the notice made to the Plan Administrator of the qualifying event. The Eligible Employee or covered Dependent is also required to provide the Plan Administrator with all information needed to meet its obligation of providing notice and continuation of coverage. 8.08 Termination of Continuation Coverage. Continuation of Health Benefits coverage under the Insurance Policies shall not be provided beyond whichever of the following dates is first to occur: (a) the date the maximum continuation period expires for the corresponding qualifying event; (b) the date of termination of Health Benefit elected under the Plan, together with all other health benefits provided by the County that have been continued under continuation of Health Benefits rules; (c) the date the Eligible Employee or Qualified Beneficiary fails to pay the applicable Plan Contribution on time; (d) the date the Eligible Employee or Qualified Beneficiary becomes covered under any other group health plan (as an employee or otherwise) which does not contain any exclusion or limitation with respect to any pre-existing condition of such Beneficiary; (e) the date the Eligible Employee or Qualified Beneficiary becomes entitled to Medicare; or (f) in the case of an extension of coverage under Section 8.06 due to disability, the later of one of the foregoing events described in subparagraphs (a) through (c) or the month that begins more than 30 days after a final determination that the Qualified Beneficiary is no longer disabled. 8.09 Non-payment of Plan Contributions to Health FSA. If any Participant ails to pay on time any applicable Plan Contribution to the Health FSA, the Employee will reduce any reimbursement for Eligible Health FSA Expense remaining to be paid to the Participant by the amount of any Plan Contributions due for the balance of the Plan Year, as part of the Employer's effort to collect any overdue unpaid Plan Contributions. Section 9 CLAIM PROCEDURES 9.01 Health, Medical and Dental Benefits. Claims for medical, dental, or other Health Benefits under this Plan shall be made on forms maintained and provided by the county. Each participant electing to receive medical, dental or other Health Benefits shall be entitled to claim reimbursement for medical, dental or other health expenses. Such claims shall be made by filing, on a form provided by the County, a request for reimbursement of medical expenses incurred and paid by the Participant in this plan. Such form shall be filed together with such evidence of either payment of indebtedness to the third party as shall be required by the Insurer in accordance with the Insurance Policy for medical or dental care or other 14 Health Benefits received during the Plan Year. The Employer assumes no obligation to pay Benefits under the applicable Insurance Policy or any other policy or contract of insurance. Any review of any claim or denial of a claim shall be performed by the Insurer in accordance with the rules of the Insurance Policy. 9.02 Health FSA Benefits. Each participant who desires to receive reimbursement under the Plan for Eligible Health FSA Expenses (up to the maximum amounts outlined below) shall submit to the Plan Administrator, at the time indicated in Section 9.04, a form or other supplementary requests for information provided by the Employer providing: (a) a written evidence of the amount of payment to the independent third party showing the amount of the medical expense that has been incurred; and (b) a written statement that the amount of such expense has not been reimbursed and is not reimbursable under any other health plan; (c) written evidence from the third party provider showing the type and amount of the incurred expense. As soon as is administratively feasible following the 20th of each calendar month, the Plan Administrator will review all the claims submitted by Participants during that month in accordance with the foregoing procedures, and shall pay Participant the Health FSA Benefits which each Participant is entitled to receive under the Plan, in accordance with Section 5.01, 5.03, and 9.02. The maximum amount of such Health FSA Benefits available during the period of coverage, as calculated under the rules of 7.07, properly reduced by prior reimbursements for the same period of coverage. 9.03 Dependent Care FSA Benefits. Each Participant who desires to receive reimbursement under the Plan for Eligible Expenses incurred for Qualifying Dependent Care Services shall submit to the Plan Administrator, at the times indicated in Section 9.04, a form provided by the Employer, or responses to other supplementary factual requests. By submitting this form the Participant acknowledges: (a) the nature and dates of performance of the Qualifying Dependent Care Services for which the Participant wishes to be reimbursed is permissible; (b) that the Participant will include on his or her Federal Income Tax return the name, address and (except in the case of a tax-exempt Qualified Dependent Care Center) the taxpayer identification number of the provider of the Qualifying Dependent Care Services; (c) evidence of indebtedness or payment by the Participant to the third party who performed the Qualifying Dependent Care Services. As soon as is administratively feasible following the 20th of each calendar month, the Plan Administrator shall review all the forms submitted by Participants during that month in accordance with the foregoing procedures, and shall pay each Participant the Benefits which each Participant is entitled to receive under the Plan in accordance with Sections 5.01, 5.03, 5.05, and 9.02. 9.04 Claims Submission Deadlines. Claims submitted under Section 9.01 must be filed with the applicable insurance policy or other insurance contract. Claims submitted under Sections 9.02 and 9.03 must be submitted to the Plan Administrator no later than thirty (30) days after the earlier of the end of the Plan Year or the end of the Participant's period of coverage, if the Participant has ceased to make Plan Contributions to the FSA's. 9.05 Grace Period for Qualified Benefits Expenses. Notwithstanding the Claims Submission Deadlines established in Section 9.04, and as permitted by IRS regulations, a grace period of two and a half (2 ~ ) months after the earlier of the end of the Plan Year or the end of the Participant's period of coverage, if the Participant has ceased to make contributions to the FSA's, shall apply (the "Grace Period"). During this Grace Period, Participants may have as long as 14 months and 15 days (the 12 months in the Plan Year plus the grace period) to 15 incur and claim reimbursement for qualified benefits or contributions for the Plan Year before those amounts are forfeited under Section 6.02. Section 1 0 REVIEW PROCEDURES FOR CLAIMS DENIED BY PLAN ADMINISTRATOR 10.01 Notice of Claim Denial. If any claim for Benefits under this Plan submitted under Section 9.02 and 9.03 is denied in whole or in part, the claimant shall be furnished promptly by the Plan Administrator a written notice setting forth the following information: (a) a specific reason or reasons for the denial; (b) specific reference to pertinent Plan provisions upon which the denial is based; (c) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (d) an explanation of the Plan's claim review procedures, as set forth below in Sections 10.02 and 10.03. Failure by the Plan Administrator to respond to a claim for Benefits submitted under Sections 9.20 or 9.03 within thirty (30) days following the end of the calendar month in which such claim was submitted shall be deemed a denial. 10.02 Appeal Procedures. Within sixty (60) days after denial of any claim for Benefits under this Plan, the claimant may request in writing a review of the denial by the Plan Administrator. Any claimant seeking review hereunder is entitled to examine all pertinent documents, and to submit issues and comments in writing. 10.03 Response to Appeal. The Plan Administrator shall render a decision on review of a claim not later than sixty (60) days after receipt of a request for review under Section 10.02. Such decision shall be in writing and shall state the reasons for the decision, referring to the Plan or Code provision upon which it is based. Such decision of the Plan Administrator shall be final and conclusive. Section 11 PLAN ADMINISTRATOR 11.01 Plan Administrator. The "Plan Administrator" shall be the Director of Personnel or his/her designee. The Plan Administrator shall have authority and responsibility to take any reasonable action necessary to control and manage the operation and administration of this Plan under the rules applied on a uniform and nondiscriminatory basis to all Participants. 11.02 Appeals Committee. The "Appeals Committee" shall be a committee of three (3) individuals appointed by the Plan Administrator, who shall have authority and responsibility to decide by majority vote any appeals of claims denied pursuant to the provisions of Section 10 above. 11.03 Expenses. All reasonable expenses of the Plan Administrator and Appeals Committee shall be paid by the Employer and any expenses not paid by the Employer shall not be the responsibility of the committee members personally. Section 12 PLAN CONTRIBUTIONS 16 12.01 Characterization of Employer and Employee Contributions. All Plan Contributions made on a pre-tax basis shall be designated and deemed to be Employer contributions. All contributions made on an after-tax basis shall be designated and deemed to be Participant Contributions. 12.02 Trust. The plan can provide that no separate trust will be established. Section 13 AMENDMENT OR TERMINATION This plan may be amended or terminated at any time by the Board of Supervisors provided, however, that any termination or amendment shall not effect the right of any Participant to claim Benefits for that portion of the Plan Year or coverage period prior to such termination or amendment, to the extent such amounts are payable under the terms of the Plan as in effect prior to the calendar month in which the Plan is terminated or amended. Any amendment or termination shall take effect only as of the end of a pay period. Section 14 M ISCELLAN EOUS 14.01 Right to Interpret the Plan. All final decisions in interpreting provisions of the Plan shall be the responsibility of the Plan Administrator and the Appeals Committee. 14.02 No Personal Liability. Nothing contained herein shall impose on any officers or directors of the Employer any personal liability for any Benefits due a Participant or Dependent pursuant to this Plan. 14.03 Additional Procedures. Any rules, regulations, or procedures that may be necessary for the proper administration or functioning of this Plan that are not covered in this Plan shall be promulgated and adopted by the Plan Administrator. 14.04 Agreement not an Employee Contract. This plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant. This Plan shall not be deemed to give any Participant or other employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or other employee at any time regardless of the effect which such discharge shall have upon such a person as a Participant in this Plan. This Plan shall not be deemed to give the Employer the right to require any Participant or other employee to remain the employment of the Employer or to restrict any such person's right to terminate his employment at any time. 14.05 Severability. If any provision of this Plan shall be held invalid for any reason, such illegality or invalidity shall not affect the remaining parts of this Plan and this Plan shall be construed and enforced as if such illegal and invalid provisions had never been included. 14.06 Gender and Number. In the construction of this Plan, reference to any gender shall include the masculine, feminine, and neuter genders, the plural shall include the singular and the singular the plural, wherever appropriate. 14.07 Construction. The terms of the Plan shall be construed under the laws of Virginia except to the extent such laws are pre-empted by federal law. 14.08 Rights. Participants in the Plan are entitled to: (a) examine, without charge, at the Employer's office, all Plan documents; and 17 (b) obtain copies of all Plan documents and other Plan information upon written request to the Employer. The Employer may make a reasonable charge for copies. The Employer has a duty to operate the plan prudently and in the interest of Plan Participants and beneficiaries. No one, including the Employer, may discriminate against a Participant in any way to prevent a Participant from obtaining a Benefit or exercising his or her rights. If a Participant's claim for a Benefit is denied in whole or in part, he or she must be given a written explanation of the reason for the denial. A Participant has the right to have the Employer review and reconsider such claim. 14.09 Delegation. The County of Albemarle shall have the power to delegate specific duties and responsibilities to officers or other employees of the County of Albemarle or other individuals or entities. Any delegation by the County of Albemarle may allow further delegations by the individuals 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. Approved 08-10-2005 18 ATTACHMENT 3 At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 10th day of August, 2005, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: David P. Bowerman, Kenneth C. Boyd, Lindsay G. Dorrier, Jr., Dennis S. Rooker, Sally H. Thomas and David C. Wyant. ABSENT: None. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE David Bowerman Kenneth Boyd Lindsay Dorrier Dennis Rooker Sally Thomas David Wyant Aye Aye Aye Aye Aye Aye RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE PRINCIPAL AMOUNT OF $7,790,000 WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake capital improvements for its public school system; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby approves the filing of an application with the Virginia Public School Authority for a loan to the County in an approximate principal amount of $7,790,000 to finance capital improvements for its public school system. The County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver it to the Virginia Public School Authority. 2. This resolution shall take effect immediately. 19 ATTACHMENT 4 RESOLUTION TO WAIVE THE IVY LANDFILL SETTLEMENT AGREEMENT'S "NO OPPOSITION PROVISION" REGARDING CELL 5 WHEREAS, the Rivanna Solid Waste Authority (the"RSWA"), the City of Charlottesville (the "City"), and the County of Albemarle (the "County") are parties to a Settlement Agreement and Release dated October 2, 2000 (the "Settlement Agreement") with certain individuals and entities who were plaintiffs (the "Plaintiffs") in an action filed against the RSW A, the City, and the County relating to the Ivy Landfill; and WHEREAS, Section D.1.a. of the Settlement Agreement requires the Plaintiffs to refrain from opposing the issuance to the RSWA by the Virginia Department of Environmental Quality, or any other applicable federal, state, local or regional governmental authority, of a permit to construct and operate a CDD waste disposal cell identified as Cell 5 in the Settlement Agreement within certain limitations (the "No Opposition Provision"); and WHEREAS, the County understands that certain Plaintiffs desire to have the County waive its rights under the No Opposition Provision and the County is willing to waive such rights. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby waives the rights of the County under the No Opposition Provision contained in Section D.1.a. of the Settlement Agreement. 20 ATTACHMENT 5 SP-2005-004. Final Touch Tree Service. LLC (SiQn #73). Public hearing on a request for Home Occupation Class B for office use to support tree trimming business, in accord w/Sec 10.2.2.31 of the Zoning Ord which allows for Home Occupations Class B in the RA by special use permit. TM 7, P 30 contains approx 5 acs. Loc at 2985 Shiffletts Mill Rd (Rt 687), approx 1 mile W of its intersec w/Free Union Rd (Rt 601). Znd RA. White Hall Dist. 1. Structures used for this home occupation shall not exceed four hundred (400) square feet in size and shall be limited to the building labeled "Uti I Bldg" on the physical survey plat of the property dated July 17,1996. (Attachment B); 2. No tree service equipment or materials shall be stored on the property; 3. No customers of the tree service business shall visit the site; and 4. Prior to the issuance of a Zoning Clearance for the home occupation class B, the applicant shall provide sight distance at the entrance/exit to the property onto Shifflett's Mill Road (Route 687) to the satisfaction of the Virginia Department of Transportation. 21 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Process Improvement Work session AGENDA DATE: August 10, 2005 SU BJ ECT/PROPOSALlREQUEST: Consider strategies for improvement of development review processes in Community Development. ACTION: x INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTlS): Tucker, Foley, Davis, Graham ATTACHMENTS: Yes --- REVIEWED BY: / ,../G tu:~r ~~_. LEGAL REVIEW: Yes I' BACKGROUND: The purpose of this report is to seek Board direction on implementation of process improvement strategies. At the June 1 S Board meeting, staff presented a number of possible strategies to improve Community Development processes and the Board selected five of those strategies to further consider. Those five strategies were: Ministerial Reviews: 1) Reduce Planning Commission review of site plans and subdivisions Legislative Reviews: 2) Limit the use of deferrals; 3) Implement a proffer policy Policy Issues: 4) Better define expectations at the start of projects; and 5) define public involvement in each process In addition to these proposed strategies, staff will also provide a brief overview of the CityView web enabled functions, which are currently being developed and anticipated to provide significant improvement in development review processes. STRATEGIC PLAN: Goal 3.3: Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County. Goal 4.1: Protect effective, responsive and courteous service to our customers. DISCUSSION: A brief discussion of each strategy is provided. 1) Reduce Planning Commission review of site plans and subdivisions. Ministerial reviews are not a discretionary act and therefore, if the ordinance requirements are satisfied, the plan or plat should be approved. By eliminating Planning Commission review of site plans and subdivision plats, staff avoids the need to prepare detailed reports, allowing quicker review of other plans and plats, and applicants do not need to wait for a Planning Commission review to be scheduled. This will save considerable staff resources and reduce delays. As noted in the June worksession, none of the surveyed localities provide for Planning Commission review of subdivisions and site plans. Some localities do provide for Planning Commission review for larger sites or subdivisions, but appear to limit the circumstances. Staff would recommend the Board consider the following ordinance changes for limiting Planning Commission review: AGENDA TITLE: Community Development Process Improvement Work session August 3, 2005 Page 2 · Proffered plans and special use permits - As these plans have already been reviewed by the Planning Commission and Board, review of the site plan or subdivision plat is somewhat redundant. Staff would also recommend eliminating the notification requirements for these plans as the neighborhood was already notified when the rezoning or special use permit was reviewed. · Subdivisions and site plans not requiring waivers or modifications requiring Planning Commission action _ These plans seldom have anything affected by Planning Commission review. 2) Limit the use of deferrals with rezonings and special use permits. Most of the time spent on rezonings is not related to staff review, but deferrals where applicants and staff try to find acceptable middle ground. In this regard, the current review process is somewhat similar to a negotiation where the two parties attempt to find a middle ground. The Planning Commission and staff seek to have the plan as close as possible to the ideal envisioned by the Comprehensive Plan, while the applicant seeks to avoid improvements that are not perceived to result in significantly higher prices. For example, a proffered offsite road improvement does not improve the profits for the developer, but it does allow the County to address impacts created by the development. By limiting the use of deferrals, both staff and the applicant know they have a deadline for completing these discussions. Staff would recommend the Board consider the following: · Require a Planning Commission public hearing within 90 days of a complete submission. Actually, this is what the County Code currently specifies and the use of deferrals keeps this from happening. This would provide the applicant one set of comments and the opportunity to respond before the item is scheduled for a Planning Commission public hearing. Even after a public hearing, the applicant could request a deferral. If the Planning Commission felt the deferral could provide a better plan, the remaining issues could still be addressed. It should also be noted the Planning Commission now offers a worksession prior to submitting applications where applicants can get directions prior to actually preparing the plans. · Require a Board of Supervisors public hearing within 6 months of a complete submission. This would be another step to assure plans were not repeatedly deferred at the Planning Commission. The downside of this approach is this would likely increase the number of plans brought to the Board with unresolved issues. Using this policy, the Board would decide which plans are ready for a decision and which plans should be returned to the Planning Commission for further work 3) Implement a proffer policy. The County has never had a standardized approach to what are acceptable proffers, preferring to consider each plan on its individual merits. This greatly increases the complexity of review for staff and applicants. The applicant enters the process with no clear understanding of what might be expected. Staff enters the process with no baseline to evaluate against. That increases uncertainty and causes delay. A proffer policy would provide both staff and applicants a baseline against which the project could be evaluated. In examining proffer policies of other urbanized counties, staff found the development of a proffer policy is often an extensive effort. Additionally, it is not always successful. For example, Henrico County spent over two years and significant resources in the development of a proffer policy only to have the Board decide it did not really work for them. While a proffer policy could prove very beneficial in expediting reviews of rezonings, staff believes the Board should consider the following points: · Unlike many counties that have proffer policies, large parts of Albemarle County's development areas have already been zoned to accommodate the proposed use. Thus, the economic advantage of rezoning the property may be offset if the proffer policy is perceived to be too expensive. In this situation, a case by case evaluation would still be needed to compare the current development potential versus proposed development potential with the rezoned property. However, should the rezoning proceed, the time for negotiation of the ultimate proffers should be reduced. · Albemarle County attempts to direct people towards the development areas rather than the rural areas. Some have expressed the opinion that proffers will be passed on to homebuyers in the price of the house. A formalized proffer policy for residential development could be perceived as an additional expense associated with the development areas while that does not exist for residential development in the rural areas. However, since proffers are currently being provided in the development areas, the question is whether or not a policy AGENDA TITLE: Community Development Process Improvement Work session August3,2005 Page 3 to guide the provision of proffers would improve the process and shorten review times. While housing in the development areas and rural area appear to be two different market segments, it may create the appearance to some that a formalized proffer policy is contrary to the County's stated goals. · Development of a proffer policy is anticipated to be an extensive effort which would not provide benefits for several years. While staff has not outlined an approach to developing a proffer policy, other counties that have developed proffer policies have advised staff to expect this effort to take several years and it will likely require considerable staff resources, supplemented by consultants. · While development of a proffer policy will require extensive effort, it can shorten the review process and relieve both staff and applicants of many frustrations during the rezoning process. 4) Better define expectations at the start of process. Delays in Comprehensive Plan and ordinance amendments have occurred due to significant changes during the process. The recent Rural Area Plan demonstrated how setting expectations at the start can reduce those delays. By using a joint meeting between the Board and Planning Commission, staff was given clear expectations on what should and should not be considered with the Rural Area Plan. That allowed staff to avoid delays by understanding the limits. Conversely, staff has found that implementation of the Rural Area Plan has been difficult because the Board's expectations with regard to subdivision phasing and clustering were not clearly understood. This is part of the reason staff has requested a joint meeting of the Planning Commission and Board in September to discuss these issues. By establishing the expectation, staff believes the schedule can be accelerated. Staff believes this would be a relatively easy strategy to implement and one that has already proven to work. 5) Better define public involvement in each process. Staff and the Board have seen considerable delays in implementing ordinance amendments, often frustrating both. In evaluating those delays, it appears this often results from issues not being raised until the amendment is before the Board of Supervisors. For example, the recent Subdivision Text Amendment had public discussions prior to being brought to the Planning Commission, worksessions and a public hearing before the Planning Commission, but still required 10 worksessions over 11 months with the Board because some concerns were not raised until the amendment was before the Board. Beyond this unanticipated delay in implementing this ordinance amendment, staff resources that had been planned for work on other issues were instead spent on this process. To improve this process, staff would recommend the Board consider when to expedite ordinance amendments by relying on the standard public hearings for input rather than including other public discussions. While staff believes the public discussions can provide a good opportunity for receiving comments, it requires more time and resources if comments are not given until the ordinance amendment reaches the Board. As such, the Board may be better served by expediting the public hearing, then determining what, if any, additional public discussion is required. To implement this strategy, staff would recommend establishing the public participation process at the start of each policy initiative. Improve public access to development processes using CityView. This effort has already been funded for this fiscal year and staff is now finalizing the contract with Municipal Software, who sells City View. Staff has already begun implementing this effort by putting proffers on-line and recent counts have shown this to be one of the most popular sites on the County's web page. By next June, staff plans to be able to offer the following on- line services with CityView: · On-line ordering of building inspections. Building inspections are the largest call-in for the department and phone lines are often overwhelmed from 2- 4 PM as contractors rush to schedule inspections. On-line inspection requests are anticipated to greatly simplify this task for both staff and the building community. · On-line submission of residential building permits. Rather than require a visit to the County Office Building and wait for staff to serve them, builders will be able to submit a simplified building permit application over the Internet. Two additional changes are anticipated that will require Board actions. First, we will need to institute a process for accepting credit cards and/or debit cards. This is something the County does not currently offer, but a service routinely provided by other localities. Second, we will need to streamline our building permit fees. The current fee structure is outdated and far too complex for on-line processing of building permits. Louisa County has a fee structure similar to that being considered and it has proven to be very popular with AGENDA TITLE: Community Development Process Improvement Work session August 3, 2005 Page 4 the building community. We will plan on bringing forward an ordinance amendment to address the fee structure. . On-line project status review. This will allow both the public and development community to directly access the same review files used by staff. This will provide transparency in the process, allowing both the public and development community to access project information. That should limit the need to call plan reviewers or make trips to the County Office Building. RECOMMENDATIONS: Staff has provided discussion of the proposed strategies and seeks Board input. Staff notes several of these recommendations are relatively easy to implement. Those simple strategies include: a policy on deferrals with legislative reviews, establishing expectations and parameters for consideration of policy changes at the beginning of the process and establishing public participation guidelines at the start of policy review. The strategy of changing the Planning Commission's role in ministerial reviews would be a longer process as this would require ordinance amendments. Staff anticipates the amendments will require six to nine months to complete. Finally, staff considers development of a proffer policy a long-term effort which other localities have found requires several years to finalize. If the Board is interested in developing a proffer policy, staff will develop a work plan and bring it to the Board for discussion. ATTACHMENTS June 1. 2005 Executive Summary on Community Development Process Improvements 05.099 Attachment A COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Update and Process Improvement Worksession AGENDA DATE: June 1, 2005 ACTION: x INFORMATION: SUBJ ECT/PROPOSALlREQUEST: Consider strategies for improvement of development review processes in Community Development. CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The purpose of this report is to update the Board on completion of the transition to the Community Development Department and to seek direction on development review process improvement strategies. In June of 2003, staff presented a proposal to the Board for the consolidation of the three development departments (Building Inspection and Zoning Services, the engineering staff of Engineering and Public Works, and Planning and Community Development) into a single department called Community Development. This reorganization was proposed to provide customers a single point of contact for all development related activities and to improve review processes. The department was reorganized by July of 2004 and has been operating consistent with the 2003 proposal. The major emphasis of this reorganization has been focused on business process improvements and improvements in the development review process. The Board has recently emphasized the need to expedite the development review process. In carrying out this goal, staff seeks direction on process improvement strategies the Board would like to see implemented. STRATEGIC PLAN: Goal 3.3: Develop and implement policies that address the County's growth and urbanization while continuing to enhance the factors that contribute to the quality of life in the County. Goal 4.1: Protect effective, responsive and courteous service to our customers. DISCUSSION: Department Operations: The Department now provides a single point of contact for all development related issues with the County. The County's and Department's Vision Statements are provided in Attachment A and a Department organizational chart is provided as Attachment B. The primary function of each division shown on the organizational chart is as follows: . Central Operations provides customer reception, records management, application processing, inspection scheduling, and administrative support for the department. . Current Development and Zoning manages ministerial reviews under the Subdivision and Zoning Ordinances, special use permits associated with those reviews, and all zoning functions, including support for the Board of Zoning Appeals. . Inspections manages the building permit processes and all construction related activities. This includes building inspections, inspection of subdivision improvements, and water resource inspections (e.g. erosion and sediment control). . Planning manages the Comprehensive Plan and legislative review processes (e.g. rezonings and special use permits). They also support the Architectural Review Board, ACE, and numerous County Board appointed committees (e.g. DISC II, Mountain Overlay) involved in developing County Policy. The area master plan efforts and recently approved Rural Area Plan are examples of their work related to the Comprehensive Plan. Development Processes: To assist the Board in understanding County development review processes, staff has compared Albemarle to other localities regarding the normal tasks involved in development review. That data is shared in Attachment C. Two points should be explained with this data. First, "V AZO" refers to the Virginia Association of Zoning Officials survey of plan review processes in localities across Virginia. The complete VAZO survey can be found on the Internet at http://www.vazo.ora/documents/survey results200503.pdf (please note that this data does not provide for a standardized measurement for reporting). Second, staff typically monitors project review times based on "90% reviews", which is the time it takes for 90% of the plans to be acted upon. Most other localities use average or median review times. Staff uses the 90% review times because the average or median review time does not represent a time that applicants can count on in scheduling their projects, given that Y:z of the applicants would experience longer times. For example, the median review time might be 10 days, but the 90% review time could be 20 days. That difference illustrates the variation in review times. For this discussion, staff is presenting the process in four groups, using the most common processes to illustrate the County's performance in each area. Building Permits and Inspections: These functions are related to the issuance of building permits and the associated inspections. Those processes are purely administrative. Staff reviews and approves building permits, then performs the related inspections. This is, by far, the largest number of applications received by the department. On a typical work day, roughly 100 building inspections are requested and 10-15 building permits or associated "sub permits" are issued. The attached data show that the County is providing similar times to other jurisdictions when median times are compared. In examining the data further, staff found that while the median time for issuance of a permit is 10 days, the time for 90% of the applications was 31 days. The difference in review times was found to be permits in the rural area that require Health Department approval for septic systems. Excluding those building permits that require Health Department approval, County review times are similar to those of comparable localities. While staff could report the review times without Health Department approval, as most localities do, it does not really represent the time it is taking the builder from application to permit. In looking at this process, staff believes the review times are comparable to others and efforts in this area should be focused on providing the customer better tracking information for permit applications and clearly defining requirements for permit applications. With the former, the database used for tracking applications, CityView, has the ability to provide access over the Internet and this upgrade to our current software was approved with the FY 05-06 budget. Staff will begin efforts at implementation of this access in the second half of the year and plan to have it operational by early 2006. With the latter, staff is working to reduce problems and uncertainties experienced by applicants. In this regard, staff collects customer service input on a continual basis to find where applicants feel improvements are needed. Ministerial Reviews: Ministerial reviews are those associated with "by right" development, such as site plans and subdivision plats. Ministerial reviews are different from legislative reviews as there is no discretion in approval. As long as the plan or plat satisfies the ordinance requirements, it must be approved. Those plans are typically reviewed by staff, but plans and plats are subject to being reviewed by the Planning Commission. As shown in Attachment C, the County's approval times tend to be longer than many other localities, but that is comparing median times to 90% review times. Further, in examining the data, County review times, the time from submission to receiving comments, were found to be comparable or lower than most localities. With process improvements over the last year, staff has reduced these review times from almost 4 weeks to 2 weeks for 90% of the submissions. The longer completion times are generally a result of a plan needing to be resubmitted with corrections before it can be approved. In considering strategies for reducing approval times, staff has noted several factors to consider. . The County has a more complex ordinance than many localities. For example, when formatted the same, Albemarle County's subdivision ordinance is 62 pages compared to Augusta County's subdivision ordinance at 25 2 pages. Albemarle County's subdivision ordinance is a reflection of this community's concern with the quality of development and the urbanizing nature of the Development Areas, resulting in a more complex ordinance. Length and complexity of requirements results in a longer checklist for staff review and often results in uncertainty on the part of applicants, which in turn necessitates the need for plan changes to gain approval. Staff is working at reducing this uncertainty by making detailed checklists available to applicants so they can see precisely what is required for approval, but that does not alter the number of issues that must be considered. . VDOT review is taking longer than staff review. While staff may review a plan in 2 weeks, VDOT is typically taking 3-4 weeks. Put bluntly, VDOT resources are stretched. Until VDOT receives better funding or prioritizes plan reviews over other functions, it does not appear possible to improve their review times. . Planning Commission reviews require additional staff resources that could be spent on speeding up reviews of other plans. It should be noted that Albemarle County is the only locality in Attachment C that provides Planning Commission review for both site plans and subdivision plats. Most localities appear to keep Planning Commission involvement limited to larger projects. Plats and plans are called up for Planning Commission review by Planning Commission members, concerned neighbors, and with requests for waivers or modification of ordinance requirements (e.g. critical slopes waivers). Each time a plan or plat is called before the Planning Commission, staff must prepare a detailed report for the meeting and present this report to the Planning Commission. That additional work can roughly double the staff time spent on the review of a project. It is also important to recognize that staff's interpretation of the ordinance is not always the same as the Planning Commission, including some recent well publicized projects. The same can be said of interpretations of the County Board versus the Planning Commission, with some Planning Commission decisions reversed. Recognizing this fact, some ordinance waiver provisions are routine administrative decisions handled with minimal delay, while others require Planning Commission action. Reducing the number of plans and waivers subject to Planning Commission review would significantly reduce the approval time for many plans. In considering such a change, it should be recognized there can be circumstances where staff's interpretation of the ordinance will be different than the Planning Commission's. By reducing or eliminating plan and waiver review by the Planning Commission, it will provide the Planning Commission additional time for long-range planning issues and allow them to expedite major project review. . Notifications to adjoining property owners are not required by State law but are extensively used by the County to assure neighbors are aware of development occurring around them. While keeping the public informed is a benefit to the community, this does require significant time and resources. Additionally, it can add steps to the review process. As a result of this notification, plans are often called before the Planning Commission. While the Planning Commission meeting provides the opportunity to address concerns, neighbors are often dismayed to find that the Planning Commission must approve a plan if it meets the ordinance requirements regardless of their concerns. Effectively, the notification process can create a false hope that a neighbor's concerns can influence the decision while the reality is plans that satisfy the ordinance requirements must be approved. Anecdotally, staff often sees neighbors leave Planning Commission meetings angry and confused, feeling that neither staff nor the Planning Commission seriously considered their concerns. As noted above, staff is currently working on preparing detailed checklists for applicants that should reduce the uncertainty with the process. Staff believes this will provide some improvement in review times and the number of submittals required to reach approval. Staff believes the County would need to consider reducing requirements and/or consider eliminating Planning Commission review for many ministerial reviews to further reduce times. Staff also believes that by expediting the ministerial reviews, the development community will be more prone to develop in the development areas and embrace the neighborhood model strategies and further reduce the pressure on the rural areas. Legislative Reviews: Legislative reviews, rezonings (ZMAs) and special use permits (SPs), are discretionary matters that can only be approved by the Board of Supervisors. The Planning Commission and staff provide recommendations to the Board for those decisions. Referring to Attachment C, the data shows that County approval times for rezonings are similar to Loudoun and Fauquier, but those times are considerably longer than many other localities. Albemarle's SP review times were similar to most other localities. In considering strategies for reducing action times with rezonings, staff has noted several factors to consider. . Complexity of review. Attachment D provides an example of typical factors considered in a rezoning. That review is based on expectations the Planning Commission has expressed in reviewing applications. To illustrate, it is doubtful the application plans approved with the Peter Jefferson or North Fork rezonings would be considered acceptable if submitted today. Attachment D shows a possible 15 reviewers considering 102 different issues before the plan is brought to the Planning Commission. With this number of issues and reviewers, it is inevitable there will be conflicting objectives. For example, one reviewer could seek a street connection across a small 3 stream valley while another reviewer sought less disturbance of the stream buffer. Typically, those conflicts are addressed through an iterative review process that seeks to find the optimal solution. . Level of detail. This is anecdotal as no good measure for the level of detail was established. Some localities, such as Albemarle, Loudoun, and Fauquier, have placed considerable importance on the details in rezoning while others appear to only consider the conceptual aspects and assume the details can be worked out at the site plan stage. For example, a "bubble" layout only shows proposed land use categories for area. That might have been acceptable in the past, but the same type of plan today is expected to show structures, roads, driveways, landscaping, and grading. The review of that plan would consider historic resources, groundwater, trails, greeways/blueways, and other issues as shown in Attachment D. All of these are issues that the Planning Commission has expressed interest in seeing with the plans. Additionally, the Architectural Review Board (ARB) will considers the architectural appearance of buildings, signs, and landscaping. While this attention to detail assures the County is getting the type of development it expects, it also results in delays for applicants and additional resources required by the County for reviews. Furthermore, there can be a continuing effort to improve on the level of detail. The ARB provides a good case study in this conflict between quality of development and expediting reviews. The ARB is often heralded as a success story and few would argue it has made a noticeable difference in the development along the County's Entrance Corridors. That program started in 1990 with part-time staff support and was basically limited to review of site plans along certain roads. Since that time, the number of roads has expanded, signs have been included in the reviews, certain building permits are included in the reviews, there is an expanded role in the review of rezonings and special use permits, and staff support now requires two full time employees to keep up with the workload. The point is not to criticize the value of the ARB, but to note that the price for that value includes additional staff resources and more expansive reviews which add to the complexity (and time) of reviews. . Sensitivity to review time versus high quality plans. Based on guidance from the Planning Commission, staff seeks to have the applicant's plan be as close to an ideal as considered reasonably possible. While that process emphasizes high quality plans, it also places less emphasis on the time spent in reaching that point. When pushed by deadlines, deferrals are commonly used to avoid bringing forward an application that may be considered as substandard. To illustrate this point, all of the public hearing items scheduled for the May 11th Board meeting were deferred to work on issues. . Lack of established proffer policy. Many urbanized localities have established proffer policies that allow applicants to go into the process with an understanding of what will be expected with the proffers. Albemarle County does not have this type of proffer policy. Instead, each rezoning is individually considered and individual proffer recommendations are developed. Effectively, the applicant enters the rezoning process with little understanding of what proffers will be considered adequate. To summarize, staff believes the special use permit process appears to work similarly to other localities and process improvement should focus on better checklists. The County's rezoning process appears to work similar to Fauquier and Loudoun County, but takes considerably more time and effort than many other localities. To date, the emphasis in the rezoning process has been on seeking the best possible plan with little or no emphasis on the time it takes to gain the best possible plan. For the County to appreciably reduce the time spent on rezonings, staff would recommend considering a policy on deferrals. Such a policy would effectively force staff, the applicant, and Planning Commission into limiting the time that could be spent in working on a plan before bringing it to the Board. Once the rezoning application was before the Board, the Board could consider whether additional time with the Planning Commission would yield an appreciably better plan. If the Board felt this time was worth the delay, the plan could be allowed to return to the Planning Commission for further refinement. If the Board felt the delay would not result in appreciable improvement, an action would be taken. In considering such a strategy, staff believes the Board should weigh the likelihood that this change could simply transfer the review complexities to the Board. Staff suspects this strategy could increase the number of split decisions by the Board on land use decisions. Finally, staff believes an established proffer policy would reduce the uncertainty for applicants and reduce the time required to resolve proffer concerns. That said, staff also believes developing a proffer policy could require an extensive effort by both staff and the Board. That effort would compete with resources that might otherwise be used on efforts such as the Rural Area Plan implementation, Northern Area Master Plan, and ordinance amendments currently in process. An estimate of resources required for this effort and priority would need to be developed if the Board was interested in pursuing a proffer policy. Comprehensive Plan and Ordinance Amendments: As shown on Attachment E, the last year has seen a significant number of these policy issues completed. While staff is proud of the volume completed in the last year, it should be noted some of these were complex efforts started several years 4 ago. Other issues generated little public concern and the public process was relatively simple. Some issues were brought forward with unresolved public concerns, which complicated the considerations of the County Board. As such, the volume completed last year reflects a combination of coincidental timing and staff trying to expedite the process whenever possible. Also, it should be noted that no staff is solely dedicated to these efforts. With each issue, staff balances their time spent on the issue against the need for timely completion of legislative and ministerial reviews. In that regard, recognizing that other reviews often have legal deadlines for completion, these issues are often forced to take a lower priority. While some Comprehensive Plan and ordinance amendments are initiated by applicants, the major efforts are typically initiated by the County itself. Staff found little comparison data from other localities on the time spent with these efforts. Similar to Albemarle County, controversial proposals in other localities usually require a lengthy public process. A review of County projects shows considerable variation in both the time and resources required for these projects. For example, recent County efforts on the Crozet Master Plan, Rural Area Plan, Sign Ordinance, and Subdivision Text Amendment (ST A) demonstrate that considerable time and resources can be required for discussions and worksessions. Additionally, Board appointed committees can require extended periods of time to form recommendations for these policy issues. That is understandable given those committees members seldom share a common and detailed understanding of the issue before them and it is difficult for committee members to commit large blocks of time to this work. Thus, a large part of their work can be spent on reaching common understanding, only to struggle with the recognition that solutions often require compromise. That becomes even more complicated when the committee desires consensus with its recommendations. Staff also notes it is difficult to accurately predict the time and resources required for the public process with controversial proposals. The recently approved Subdivision Text Amendment process and the current Mountain Overlay District work are examples of how difficult it can be to schedule resources when working on controversial issues. The ST A process required resources that would otherwise have worked on completing the Neighborhood Model Zoning Ordinance amendments. Similarly, the Mountain Overlay work will be competing for the same staff resources that might otherwise be dedicated to work on Rural Area Plan implementation. In considering strategies for improving the process, staff believes the emphasis should be on better defining Board expectations prior to the start of the work. Using the recently completed Rural Area Plan as a case study, it is noted that worksessions were used at the start of this process to define expectations with the hope this would minimize time spent with the Planning Commission and Board at the end of the process. Staff believes that we did, in fact, reduce the time and effort required by the Planning Commission and Board. RECOMMENDATIONS: Staff requests the Board provide guidance as to process improvement strategies they wish to explore. Staff will then schedule a work session for discussion of how the strategies could be implemented and the issues where Board direction is needed. With regard to building permit applications and inspections, staff has noted the County's processes are similar to others and little opportunity exists for additional improvement without increasing staff resources. Staff will continue to work on improving quality control to reduce errors and implementing CityView for customers to check on review status over the Internet. With regard to ministerial reviews, staff has noted process improvements being developed in the form of detailed checklists and streamlining administrative processes. If further improvements in the process are desired, staff suggested consideration of limiting Planning Commission review of site plans and/or subdivision plats to larger, more complex plans as was the practice in other localities. Similarly, staff can work on reviewing current ordinances for possible opportunities to reduce requirements. If the Board is interested in considering a reduction in the current requirements, staff will develop a list of potential changes and bring this to the Board for consideration. With regard to legislative reviews, staff believes improvement can best be gained in reducing the use of deferrals and establishing a proffer policy. The change in accepting deferrals would be a Board policy and relatively easy to implement. The proffer policy would need to be adopted into the Comprehensive Plan and would require a detailed analysis to support the policy. A proffer policy is anticipated to require considerable staff resources and could be controversial, depending on the guidelines in the policy. If the Board is interested in considering either of these options, staff will develop proposals for the Board's consideration. With regard to Comprehensive Plan and ordinance changes, staff believes improvement can best be gained through improvement in the public process, primarily by defining expectations at the start of the process, and by setting hard deadlines for completion of work. The later measures would require those involved to set a schedule for completion of tasks and shift focus more towards completion deadlines at the risk of not fully vetting some issues. 5 ATTACHMENTS ATTACHMENT A - Department Vision Statement ATTACHMENT B - Department Oraanizational Chart ATTACHMENT C - Survey Results ATTACHMENT D- Typical SP & Rezoninq Review Issues ATTACHMENT E - Comprehensive Plan Amendments and Ordinance Amendment completed in the last year 05.054 6 en Q) -- I. C) C Q) Q)+-' E ~ c..+-' 000 +-' Q) C > Q) Q) E o Q) ~> I. 0 -- L- C c.. E E E en o en () ~ o L- a.. c a -- en en Q) en ~ L- a S ..c +-' o ~ +-' en ::J 0) ::J <( s.... C Q) c o -0 -- -- -- Q.) en en 0 en c ~ CD 0 ~u s.... 0 o+-, S en +-' CD C/') - - ~ 0) CD2 C CO ::J~ JCf) c a -- C/') C/') -- E E a U 0) c -- c c co - 0- Q.) t) ::J "'C Q.) 0:::: . c -- C/') - co ~ ~ Q.) ~ '+- Q.) Q.) ~I "'C a __ '+- ~ +-' a c..-c Q.) co C/') +-' ::J C Q.) Q.) C/') ..c E S +-' Q.) 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L- 0) S _~ en:Q en -- Q) ::1 u..c u- co _~ ......... ......... c Q) Q) E-o Q) -- ......... en c ~ - co .8 :1 en co en......... Q) en u ~ u..c CO-o ......... Q) Q) ~ E Q) Q) -- ......... > C Q) - L- en C o -- ......... co u -- - c.. c.. co - - . . en c o -- ~ m -0 c Q) E E o u Q) ~ II \.I- m I · U) ... t: en ev co E L- L- ev 0) - '+- c.0) E-c - o ... ... en ev -- en ns W . c a -- -+-' co Q.. en -- c (.) at :;::; co co Q.. -+-' (.) (.) 0):.= Q....D >< :::::J 0) Q.. cO)O) a c c ~-- -- (.) c C :.= i.+= i.+= a 0) 0) 0...00 . . en S 0) -- > 0) L- co -- L- 0) -+-' en -- c -- E c 0) - a L- c a -- en en -- E E a "'u t: ev 0) E _C ev C - C c.co Eo: - o 0) ... (.) ~ :::::J ev-C -c 0) ~o::: ns ::I: . ... t: ev E ev - c.~ E~ - a o Q.. ... L- ... 0) en : I ev a -c L- ~ 0... ns ::I:. AUGUST 10, 2005 CLOSED SESSION MOTION I MOVE THAT THE BOARD GO INTO CLOSED SESSION PURSUANT TO SECTION 2.2-3711 (A) OF THE CODE OF VIRGINIA: . UNDER SUBSECTION (3) TO CONSIDER THE ACQUISITION OF PROPERTY FOR PUBLIC USE AS A PERMANENT BUFFER AREA. ST A TE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT TRANSACTIONAL DISCLOSURE STATEMENT For Officers and Employees of Local Government [Section 2.2-3115(E)] 1. Name: Dennis S. Rooker 2. Title: Jack Jouett District Supervisor 3. Agency: Albemarle County Board of Supervisors 4. Transaction: August 10,2005 Closed Meeting Discussion regarding acquisition of property from the Worrell Land and Development Company, L.C. 5. Nature of Personal Interest Affected by Transaction: I provide legal representation for Worrell Land and Development Company, L.c., located at Route 250 East, Pantops, Charlottesville, Virginia 22905, which would realize a foreseeable direct or indirect benefit or detriment from the result ufthis transaction. The property at issue is part of the Peter Jefferson Place Development and is located along the frontage ofRt.250 and the 1-64 west bound ramp. 6. I declare that: I am disqualifying myself from participating in this transaction and request that this fact be recorded in the appropriate public records for a period of five years. Dated: August 10, 2005 $~ Signature PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC - AUGUST 10, 2005 The following guidelines will be used: 15 MINUTES ARE ALLOTED FOR THIS PORTION OF THE AGENDA EACH SPEAKER IS ALLOTTED 5 MINUTES. HOWEVER, IF MORE THAN 3 SPEAKERS SIGN UP, INDIVIDUALS WILL DIVIDE THE 15 MINUTES ACCORDINGL Y PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional) 1 7l;1iChae/ ). 2ba,'!e'1 !(e~ WICf:j IIIf.- ' 2 v ~WWl LuA-c /1- 3 4 5 6 7 8 9 10 rreENED ~-:r 80S Mf'I:'T.... I)~!l';; -----2_:J......i,<"f .... ......._.. ,\:''t',,''a ~,,)m #:---....2.___.,.,...........;.'''.'';, L:")YJ ~'~ f,d(z~, ;ni To: Albemarle County Board of Supervisors August 10, 2005 My name is Mike Zbailey and I am from Keswick. I would like to make a few comments about the proposed Rivanna Village project that would be built within the Designated Development Area known as The Village of Rivanna. I had a long career in the banking business so I am familiar with the process of development and the various issues involved. Several things about the Rivanna Village project disturb my neighbors and me: There does not seem to be any planning, even though the Albemarle County Community Development Neighborhood Model calls for a Master Plan for Designated Development Areas. We are being told that there is no funding or staff time available to plan and that the planning might happen after the development begins. That doesn't make sense. If you don't have the time or funds to do it right the first time, when are you going to have the time or funds to fix it? If Pantops - which sits at eye level with the sacred ground at Monticello - is an example of the quality of planning, or lack of planning, that is being done then I would give the County authorities a failing grade. Even Kenneth Boyd of this Board has said, as reported in C- Ville, that the Pantops project may lack direction and, "we in the County should have done a better job of master planning sooner." I would like to put the emphasis on the word "sooner." On the same topic, Margaret Maliszewski, a design planner in the planning division of the Department of Community Development commented in The Progress yesterday, regarding CarMax. She said, and I am not making this up, that any new development in the area must be compatible with the area's "historic character." In the context of the result, a noble but amusing statement. The Rivanna project is giving the Supervisors a chance to do a better job. You also have to have a lot of backbone to deal with aggressive developers and their siren songs. Please don't make the Pantops mistake again by using The Village ofRivanna project as the next experiment by the Planning Commission. In dealing with important issues in the business world, I always asked the question, "Who is the decision maker?" The Planning Commission seems to be staying aloof from this situation. To me they appear to be out of control or, as we say in business, they are a "loose cannon. I know that the board has the authority to direct that a Master Plan be done but you seem to be shifting the responsibility downward by withdrawing from the process or possibly not paying close attention. To quote from the current issue of The Hook (Annual Manual, page 27), "While the (planning) commission's vote is merely advisory, it's usually rubber stamped by the Board of Supervisors in the County." That's your reputation in the local press and among many citizens of the county. I would suggest that the members of the Board of Supervisors take their title seriously and do a little more supervlsmg. In summary -get input from the public, produce a Master Plan, prepare the infrastructure, and execute the plan - in that order. It makes sense. With the heritage that we have, we must do a better job in preserving the historic character of our Albemarle County. We, and you, have to live with this decision for a long time. Thank you. From: Frank Pohl [mailto:frank@weatherhilldev.com] Sent: Friday, July 29, 2005 3:40 PM To: 'Elaine Echols'; 'Claudette Grant' Cc: 'Mark Keller'; 'Alan Franklin'; Betty Groth; 'Eric Goetz'; 'Marc Powell'; Vito Cetta Subject: RE: Proffers related to "accessory-type" units Elaine/Claudette, Thank you for the help with this. Unfortunately, I just found out that we will not have the letter of intent from our neighbor for the offsite stormwater pond. Considering this, please consider this email as our request to defer the Board hearing until next month, at which time we hope to have this resolved. Looks like we have a little more time to make sure this proffer is on the up and up. I'll touch base with you next week. Frank V. Pohl Weather Hill Development 434-296-9484 (ph) 434-296-2560 (fax) 434-566-2110 (cell) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Establish a segment of East Rio Road as an August 10,2005 Entrance Corridor ACTION: INFORMATION: SUBJ ECT/PROPOSALlREQUEST: CONSENT AGENDA: Resolution of Intent to Establish a segment of East ACTION: X INFORMATION: Rio Road as an Entrance Corridor Overlay District and to amend the zoning map accordingly ATTACHMENTS: Yes - .--- / .' .- STAFF CONTACT(S): / Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, REVIEWED BY: r ! Maliszewski ! 1 \; ! <v f. I, " i LEGAL REVIEW: Yes // BACKGROUND: At its May 4, 2005 meeting, the Board of Supervisors considered a request from the Chair of the Architectural Review Board (ARB) to reclassify East Rio Road as an arterial highway and to establish it as an Entrance Corridor Overlay District. (see Attachment A) In consensus, the Board of Supervisors agreed to support the request. On July 14, VDOT notified the County that Route 631 (East Rio Road) between Route 29 and the Norfolk Southern Railway has been officially changed to an Urban Minor Arterial. STRATEGIC PLAN: Strategic Direction 2: Protect the county's natural, scenic and historic resources. DISCUSSION: East Rio Road has seen considerable development in recent months. The ARB has suggested that future development along this heavily traveled corridor could benefit from the application of the ARB's Design Guidelines, and that this review would result in orderly and attractive development that reflects the traditional architecture of Albemarle and that is coordinated with other development on our major roadways. BUDGET IMPACT: Each final site plan requiring review by the ARB has a fee of $200.00. While each such review provides revenue to the County, the costs associated with these reviews can often exceed the fee received. RECOMMENDATIONS: Based on the ARB's recommendation, staff recommends approval of the attached Resolution of Intent (Attachment B) to designate East Rio Road between Route 29 and the Norfolk Southern Railway as an Entrance Corridor Overlay District and to amend the zoning map accordingly. ATTACHMENTS Attachment A: Letter from Candace M.P. Smith, Chair of the Architectural Review Board Attachment B: Resolution of Intent 05.097 May 2, 2005 Dennis S. Rooker Albemarle County Board of Supervisors 401 Mcintire Road Charlottesville, VA 22901 Re: Extension of Entrance Corridors: Rio East Dear Dennis, On behalf of the Albemarle County Architectural Review Board, I would like to request that you and the Boar of Supervisors ask the Virginia Department of Transportation to reclassify East Rio Road as an arterial highway, then establish Rio East as an Entrance Corridor Overlay District. Rio East has seen considerable development in recent months. Future development along this heavily traveled corridor could benefit from the application of the County's Design Guidelines, resulting in orderly and attractive development that reflects the traditional architecture of Albemarle and that is coordinated with other development on our major roadways. As always, the ARB appreciates your support of the County's design review process. We look forward to the possibility of helping to protect the unique character of this part of Albemarle County. Sincerely, Candace M.P. Smith, Chairperson Albemarle County Architectural Review Board RESOLUTION OF INTENT WHEREAS, the intent of the Entrance Corridor Overlay District (Zoning Ordinance ~ 30.6, contained in Chapter 18 of the Albemarle County Code) is to, among other things, implement the Comprehensive Plan's goal of protecting Albemarle County's natural, scenic, historic, architectural and cultural resources; ensure a quality of development compatible with those resources through architectural review of development; and to enhance the County's attractiveness to tourists and other visitors and to sustain and enhance the economic benefits accruing to the County; and WHEREAS, the Entrance Corridor Overlay District is established upon parcels along certain transportation corridors designated as arterial streets or highways pursuant to Title 33.1 of the Virginia Code, which are identified in Zoning Ordinance ~ 30.6.2(c); and WHEREAS, that portion of State Route 631 (East Rio Road) between Route 29 and the Norfolk Southern Railway tracks has been recently reclassified by the Commonwealth of Virginia from Urban Collector to Urban Minor Arterial, and is now therefore a transportation corridor upon and along which an Entrance Corridor Overlay District may be established; and WHEREAS, it is desired to amend Zoning Ordinance ~ 30.6.2 to establish an Entrance Corridor Overlay District upon and along that portion of East Rio Road described above for the reasons set forth herein and the additional reasons set forth in Zoning Ordinance ~ 30.6. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance ~ 30.6.2 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein, and to amend the Zoning Map accordingly. BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment and the zoning map amendment proposed by this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on Auqust 10, 2005. Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Requested 2005 Appropriations AGENDA DATE: August 10, 2005 SU BJECT/PROPOSALlREQU EST: Request approval of Appropriations #2005063 and #2005064 providing funds for various local government and school projects ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACTlS): Messrs. Tucker, Breeden, Wiggans; Ms. White ATTACHMENTS: Yes -~ REVIEWED BY: ",',7 /,/"/""- ,~ t ( ! // / \ ' i ,;;.:.,<~,'! .j i LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia ~ 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of this requested additional FY 2005 appropriation is $254,608.74. It is anticipated that a budget amendment will be proposed in September 2005 and these appropriations would be incorporated into it. STRATEGIC PLAN: 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: This request involves the approval of two (2) new FY 2005 appropriation as follows: . One (1) appropriation (#2005063) provides $48,889.64 for year end grant adjustments; and . One (1) appropriation (#2005064) provides $205,719.10 for various education programs and grants. A detailed description of this appropriation is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2005 Appropriations #2005063 and #2005064. 05.103 Attachment A Appropriation #2005063 $48,889.64 In FY 03/04, the Department of Social Services (DSS) applied for and received a grant, in the amount of $48,623.00, from the Virginia Department of Medical Assistance Services (DMAS) to develop and test innovative, cost-effective strategies to increase the retention of eligible children in FAMIS Plus (Medicaid Expansion and Medically Indigent Medicaid), to improve the transition of eligible children between FAMIS Plus and FAMIS, and to increase enrollment of eligible children in the appropriate program. The Department agreed to carry out such as activities as (but not limited to): hiring a bilingual eligibility worker and/or secure language interpreter services dedicated to the project; building a relationship with enrolled families through phone calls, home visits and written communication; providing at least 3 contacts from project or agency staff between enrollment and re- enrollment; developing new and revised letters and brochures, among others. This grant was approved for an equal amount of $48,623 for FY05. This appropriation is for the FY05 amount plus $266.64 unexpended from the FY04 grant. Appropriation #2005064 $205,719.10 The Drivers Safety Fund consists of driver's education behind the wheel and the motorcycle safety programs operating on a fee for service basis. Approximately 1 ,300 students are trained each year in Drivers Safety. Operating before school, after school, and in the sumer, students receive eighteen hours of training. The latest driving techniques and decision-making skills are emphasized. Expenditures have exceeded appropriations for FY 04/05 due to an increase in the number of classes, types of classes offered, and purchasing a vehicle. There is a local fund balance in the amount of $91,528.69 from FY 03/04 which may be reappropriated to FY 04/05. We are requesting permission to use $45,000 of the fund balance for FY 04/05. The No Child Left Behind Act (NCLB Act), Public Law 107-110, authorized the Title II, Part A as a federal grant program that combines the Eisenhower Professional Development, School Renovation, and Class Size Reduction Grants into a Teacher Quality grant program that focuses on preparing, training, and recruiting high-quality teachers, principals, and paraprofessionals. Expenditures have exceeded appropriations for FY 04/05 due to an increase in professional development opportunities that promote research-based instruction within a curricular framework. Stipends were paid for more teachers to participate in Curriculum Assessment Instruction (CAI). There is a fund balance retained by the State in the amount of $149,833.40 from FY 03/04 which may be reappropriated for FY 04/05. Albemarle County Adult Basic Education collaborates with local institutions and agencies when requested to provide tuition classes tailored to the individualized needs of particular students. All expenses are covered through said tuition and fees. Expenditures have exceeded appropriation for FY 04/05 due to an increase in the number of classes. This program received an additional $1,712.82 in tuition for FY 04/05 and has a local fund balance of $8,747.88 from FY 03/04 which may be reappropriated for FY 04/05. In January, Albemarle County Schools received and accepted a donation from Gary W. Taylor to support the fine arts programs for elementary schools. The Northwestern Mutual Foundation made a matching donation of $425.00. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Requested FY 2006 Appropriations AGENDA DATE: August 10,2005 SU BJ ECT/PROPOSALlREQU EST: Request approval of Appropriations #2006005, #2006006,#2006007,#2006008,#2006009, and #2006010 providing funds for various local government and capital projects ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: // / / STAFF CO NT ACTlS): Messrs. Tucker, Breeden, Wiggans; Ms. White ATTACHMENTS: // Yes ' I // i / I ;) le I LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The Code of Virginia ~ 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser, must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of this requested additional FY 2006 appropriation is $467,506.60. It is anticipated that a budget amendment will be proposed in September 2005 and these appropriations would be incorporated into it. STRATEGIC PLAN: 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: This request involves the approval of six (6) new FY 2006 appropriations as follows: · One (1) appropriation (#2006005) provides $68,249.60 for the Child and Family Services Review; · One (1) appropriation (#2006006) provides $34,247.00 for a DCJS grant for Comprehensive Community Corrections Act and Amendment and eliminates a PAPIS grant in the amount of $52,733.00; · One (1) appropriation (#2006007) provides $22,007.00 for a new DCJS grant; · One (1) appropriation (#2006008) transfers $53,372.00 from the contingency account for the CTS contract and transit study; · One (1) appropriation (#2006009) provides $182,366.00 for additional radio units and accessories for the 800 MHz Radio System; · One (1) appropriation (#2006010) provides $160,000.00 in funding for a 29N Corridor Transportation Study. A detailed description of these requests is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2006 Appropriations #2006005, #2006006, #2006007,#2006008, #2006009, and #2006010 to provide funds for the various General Government and capital programs as described in Attachment A. 05.104 Attachment A Appropriation #2006005 $68,249.60 The federal CFSR assesses a state's performance with regard to seven child welfare outcomes pertaining to children's safety, permanency and well-being. The CFSR found Virginia's (and all other states') child welfare program to be substantially out of compliance in several areas. Therefore, the State is required to implement a Program Improvement Plan (PIP). In order to strengthen Virginia's child welfare system and improve outcomes for our children and families, Governor Warner and the 2005 General Assembly allocated additional general funds to help implement the PIP. The allocation for Albemarle County, which includes a 20% local match, is $68,249.60. Upon review of the outcomes where ACDSS has historically fallen short of the Federal standard, ACDSS has chosen to focus on improvement in the outcome of "Increase the percentage of children who reunify with their prior custodian within 12 months of entering foster care." The national standard is 76.2% or more. The agency's baseline, provided by VDSS, is 71.43%. Our target is improvement to 73.57% by December 2005, and 76.2% or more by December 2006. In order to accomplish this improvement, ACDSS will hire a Foster Care social worker/case manager whose primary role is to work together with the primary foster care social workers on cases that fall under the Concurrent Planning and/or Structured Decision Making processes. Responsibilities will include (but not be limited to): facilitating supervised and/or quasi-supervised visitation, including sibling visitation; representing the social worker at weekly Family Treatment Court eligibility and/or review hearings; attending case-related but non-foster care court hearings such as delinquency, child support, CHINS and custody petitions; interviewing and visiting possible relative placements; visiting child in placement; and other duties. The local match of $13,649.92 will be funded from the General Fund Balance. Appropriation #2006006 _ $18,486.00 This appropriation recognizes $34,247.00 in additional funding for the Department of Criminal Justice Services (DCJS) Grant for Comprehensive Community Corrects Act. In addition, it eliminates the DCJS PAPIS grant which had been funded at $52,733.00 Appropriation #2006007 $22,007.00 The DCJS has awarded the Police Department a grant in the amount of $16,505 with a local match of $5,502 for a total of $22,007. The purpose of this grant is to purcahse software, printers and training for investgative personnel to assist with developing criminal investigations and eventual prosectuions. The local match will be funded from the Police Departments existing budget. Appropriation #2006008 $53,372.00 Funding of $53,372.00 is requested from the Board's contingency for additional costs related to CTS. This includes $16,430.00 for the improved day time service on route 5 (Barracks Road/Fashion Square) and Route 10 (Pantops/Wilton Farm) based on the 40% credit for state and federal transit operating revenues, $16,942.00 in funding for Route 23 night service (Pantops/Wilton Farm), and $20,000.00 to update the CTS transit study for FY07 -FY11. This request is based on the Board's approval of the CTS funding options presented at your July 2005 meeting. Appropriation #2006009 $182,366.00 Funding of $182,366.00 is requested for the final radio system equipment and accessories needed for the 800 MHz radio system. This request includes radios for the Sheriff's volunteers and the additional approved position, an additional radio for the Town of Scottsville, radios for the additional positions approved in the FY06 budget for the Police Department, and the associated accessories (microphone, batteries, holsters, etc) for these areas and the Fire/Rescue Division. Funds had been reserved in the E911 Service Charge Fund for this purpose. The implementation date of the new system is scheduled for August 14, 2005. Appropriation #2006010 $160,000.00 The cost of the Thomas Jefferson Planning District Commission (T JPDC) contract for the 29N Corridor Study is $300,000. Funding of this contract will be provided by using $140,000 of Transportation funding already allocated in the CIP and this additional $160,000 from various proffers for the Hollymead Town Center and Albemarle Place. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: BENEPLUS Plan Revision AGENDA DATE: August 10, 2005 SUBJECT/PROPOSALlREQU EST: Requesting approval to change the "Claims Submission Deadlines" within the BENEPLUS Plan to incorporate a 2 % month grace period. ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACTlS): Tucker, White, Davis, Trank, Wiggans, Suyes, Gerome, Koonce, Critzer ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: / f IA) / j i [ ,;;.~ BACKGROUND: The County's Flexible Health Benefits Plan (BENEPLUS) was established in 1990 to permit eligible employees to pay for certain health and dependent care benefits on a pre-tax basis. This pre-taxed reimbursement is allowed under Section 125 of the IRS Code and is commonly referred to "Cafeteria Plans." One of the mandatory requirements of this IRS code section is that all remaining unused benefits or contributions remaining at the end of the plan year will be forfeited. This rule is commonly referred to as the "use-it-or-Iose-it" rule. The I RS recently approved a change to Section 125, permitting a 2 % month grace period immediately following the end of each plan year during which unused benefits or contributions, remaining at the end of the plan year, may be paid or reimbursed to plan participants for qualified benefit expenses incurred during the grace period. Section 13 of the County's BENEPLUS plan provides that the plan may be amended from time to time by the Board of Supervisors. Section 9.04 of the plan states that claims submitted for reimbursement must be submitted to the Plan Administrator no later than thirty (30) days after the earlier of the end of the Plan Year or the end of the Participant's period of coverage. If approved by the Board, the IRS-approved change would extend this submission deadline by up to 2 % months. STRATEGIC PLAN: 4.1 Provide effective, responsive and courteous service to our customers. DISCUSSION: This change would allow Plan Participants to expand their reimbursement period to a maximum of 14 % months. Currently, Plan Participants must submit requests for reimbursement within the Plan year or within 30 days after the earlier of the end of the Plan Year or the end of the Participant's period of coverage, if the Participant has ceased to make Plan Contributions. The longer submission period would directly benefit eligible employees, whose unused benefits or contributions remaining at the end of the plan year would otherwise be forfeited. BUDGET IMPACT: No Impact. RECOMMENDATIONS: Staff recommends that the Board approve an amendment to the BENEPLUS plan incorporating the IRS-approved change and extending the claims submission deadline by the 2 % month grace period. The amended language is set forth in a new subsection 9.05. ATTACHMENTS: A - COUNTY OF ALBEMARLE FLEXIBLE HEALTH BENEFITS PLAN (BENEPLUS) B - Internal Revenue Bulletin: 2005-23, Notice 2005-42 05.098 COUNTY OF ALBEMARLE FLEXIBLE HEALTH BENEFITS PLAN (BENEPLUS) Section 1 PURPOSE The purpose of this Plan is to permit Eligible Employees of the Employer to choose among the Benefits provided by the Employer under this Plan in such a fashion as best suits their individual circumstances, and further to encourage and help provide for expanded, but cost effective medical and dental benefits and other health coverage for each Eligible Employee and for his spouse and Dependents, and dependent care coverage for each Eligible Employee. It is the intent of the Employer that this Plan qualify as a "cafeteria plan" within the meaning of Section 125 of the Code, and to the maximum extent possible, that any Benefits paid under the Plan be eligible for exclusion from gross income under Sections 105, 106, and 129 of the Code. The employer presently provides, and will continue to provide, a variety of other employee benefits to some or all of its employees on a non-elective basis. The Benefits provided under this Plan shall be in addition to and not in lieu of such other benefits, and such other benefits shall not constitute a part of this Plan. Section 2 EFFECTIVE DATE AND PLAN YEAR The effective date of this Plan, as amended, shall be September 1, 1990. The plan shall be kept on the basis of a fiscal Plan Year beginning September 151 and each subsequent August 31 st. Section 3 DEFINITIONS 3.01 Benefits. "Benefits" means the health and accident benefits available under this Plan that are described in Section 5. 3.02 Code. "Code" means the Internal Revenue Code of 1986, as now in effect or as it may be amended hereafter, and includes any regulations or rulings issued thereunder. 3.03 Dependent. The "Dependents" of a Participate for each Plan Year shall include his spouse and any of the following individuals who depend on the Participate for more than one-half (1/2) of their support during the Plan Year: (a) his son or daughter, a descendent of either, or stepson or stepdaughter; (b) his father or mother, an ancestor, brother or sister of either, or stepfather or stepmother; (c) his brother or sister, a son or daughter of either, or stepbrother or stepsister; (d) his son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in- law; or (e) any other individual whose principal residence is with the Participate and who is a member of the Participant's household during such Plan Year. 3.04 Dependent Care Recipient. A "Dependent Recipient" qualified to receive Benefits under Section 5 of the Plan is any Dependent who is either: (a) a son, daughter, stepson, or stepdaughter ("child") of a Participate who is under the age of thirteen (13); (b) any Dependent who is physically or mentally incapable of taking care of himself or who regularly spends at least eight (8) hours a day in the Participant's home; (c) any other Dependent who is under the age of thirteen (13) and whose gross income for each of the calendar years covered by such Plan Year is less than $2,000. 3.05 Educational Institution. "Educational Institution" means any educational institution which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. 3.06 Eligible Employees. An "Eligible Employee" is any Full-time or Part-time employee who is eligible to participate in the Plan under Section 4.01. 3.07 Eligible Health FSA Expenses. "Eligible Health FSA Expenses" mans any medical, dental, or other health care expenses deductible under Section 213 of the Code that are incurred by a Participate or by the Participant's spouse or Dependents, that are not otherwise reimbursed under the Insurance Policies maintained by the Employer or under any other health plan coverage, and that are described in requests for reimbursement under the Health FSA provided under the Plan that comply with the Claims Procedures described in Section 9 hereof. Notwithstanding the above, "Eligible Health FSA Expenses" do not include reimbursements for any Participant's premium payments for other health plan coverage, such as premiums paid for health coverage under a plan maintained by an employer of the Participant's spouse or Dependents. 3.08 Eligible Dependent Care Expenses. "Eligible Dependent Care Expenses" manes all expenses for Qualifying Dependent Care Services incurred by a Participant or by his or her Spouse which are paid to a Qualified Caregiver or a Qualified Dependent Care Center. 3.09 Employer. "Employer" means County of Albemarle, or any other agency that is affiliated with the Employer within the means of the controlled group rules of Section 414 (b), (c), or (m) of the Code that has adopted this Plan (or an amended version of this Plan) after obtaining formal approval for such adoption from the Board of Supervisors. 3.10.a. Full-time Employees. "Full-time Employees" are employees (other than leased employees within the meaning of Section 414(n) of the Code) who customarily work at least 40 hours per week for the Employer or as otherwise designated by policies governing employment status. 3.10.b. Part-time Employees. "Part-time Employees" are employees who work at least 20 hours per week and are not classified as full-time employees. 3.11 Health Benefits. "Health Benefits" means the medical and dental benefits described in Sections 5.01 and 5.02(a) of the Plan. 3.12 Health FSA Account. "Health FSA Account" means the Flexible Spending Account ("FSA") of the Plan under which Eligible Health FSA Expenses are paid. 3.13lnsurance Policies. The "Insurance Policies" shall mean the agreements between the employer and various insurance companies licensed to provide health insurance coverage in the State of Virginia, under which such insurance companies are required to provide insurance coverage to support, in whole or in part, as agreed by the Employer, the medical, dental or other insurable Health Benefits described in Schedule A attached to the Plan. 3.14Participant. A "Participant" is any Eligible Employee who is a Participant under the Plan under Section 4.02, or any individual who is receiving coverage under either the Insurance Policies, the FSA Accounts of this Plan, or in accordance with the Continuation of Health Benefits rules in Section 8. 3.15Plan. The "Plan" is the County of Albemarle Flexible Benefit Plan (Beneplus) as it exists and may be amended from time to time. 3.16Plan Contributions. "Plan Contributions" are the amounts paid by Participants during the Plan Year for benefits described in Section 5, by reducing salary to pay for additional non-cash Benefits. Such Plan Contributions may be made on a "pre-tax basis", in which case the Plan Contributions are not included in the Participant's taxable income for such Plan Year, or on an 2 "after-tax basis", in which case the Plan Contributions are included in the Participant's taxable income for such Plan Year. 3.17Plan Year. "Plan Year" mans the twelve month period commencing on September 1st and ending on August 31 st. 3.18Qualified Caregiver. A "Qualified Caregiver" is a person performing Qualifying Dependent Care Services who is not: (a) A Dependent; (b) A Spouse; or (c) A child of the Participant who has not attained the age of nineteen (19) as of the close of the Plan Year in which the Qualifying Dependent Care Services were provided. 3.19Qualified Dependent Care Center. A "Qualified Dependent Care Center" is a licenses dependent care center that provides dependent care for more than six individuals, and operates in compliance with all applicable laws of both the state and town, city or village in which it is located. 3.20Qualifying Dependent Care Services. "Qualifying Dependent Care Services" means services which are performed to enable a Participant or his Spouse to maintain gainfully employed, which are related to the care of one or more Dependent Care Recipients (including household services related to such care), and which are performed either within or outside the home of the Participant. Such Qualifying Dependent Care Services must be performed during the Plan Year and after the Participate has filed an election to receive Benefits under the procedures described in Section 7. Section 4 ELIGIBILITY AND PARTICIPATION 4.01 Eligibility. All full-time or part-time (as defined in 3.10) Employees of the Employer shall be eligible to participate in this Plan. 4.02 Participation. Each employee who is eligible to participate in the Plan under Section 4.01 shall become a Participant in this Plan on the later of the effective date of this Plan or on the first day of the calendar month following employment if starting employment before the 15th of the month, otherwise the first day of the second month following employment if starting employment after the 15th of the month. A Participate who terminates or is discharged from employment with the Employer shall cease to be a Participant in the Plan on the effective date of such termination, or discharge, or reduction in hours to less than 20 hours per week. Not withstanding the above, an individual who has ceased to be an Eligible Employee can continue to be a Participant in the Plan, if and to the extent such an individual elects Continuation of Health Benefits under the rules in Section 8. Section 5 BENEFITS 5.01 Pre-tax Contributions for Employee Share of Insurance Policy Premiums or Other Health Plan Costs. From the effective date of the Plan and for so long as this Plan is continued, the Employer shall provide to each Participant for each Plan Year a cafeteria benefit to permit Employees to pay their share of Insurance Policy premiums or other health plan costs (out of pre-tax dollars) by reducing their salaries in the total amount shown on schedule A. Each Participant may elect to receive this Health Benefit as an after-tax benefit, by indicating on the health plan enrollment form. 3 5.02 Additional Salary Reduction Benefits. From the effective date of the Plan and for so long as this Plan is continued, every Participant in the Plan shall be eligible to elect to reduce his salary and receive instead some or all of the following Benefits by filing an election to receive such Benefits under the Procedures described in Section 7 and 8: (a) Health FSA Benefits. Reimbursements under the Plan are available for all eligible Health FSA Expenses incurred by a Participant or his spouse or Dependents for health care provided or other medical expenses incurred during the Plan Year and after the date on which the Participate has filed (or is deemed to have filed) an election to receive such benefits under the procedures described in Sections 7 and 8. The maximum Plan Contribution during any Plan Year by a Participant may not exceed the maximum amount of Benefits described in Section 5.05, except to the extent that contributions equal to 102 percent of plan costs are required under Section 8. The maximum reimbursement under the Health FSA available at any time during the period of coverage of any Participant during any Plan Year equals the maximum Health FSA Benefits elected for such period of coverage, reduced by all prior reimbursements for Eligible Health FSA Expenses paid for the same period of coverage. If any Participant ceases to make required contributions to the Health FSA, no Benefits shall be paid hereunder for any health expenses incurred after the end of that portion of the period of coverage which corresponds to the portion of total scheduled Plan Contributions to the Health FSA for such period of coverage that were paid by the participant prior to his or her cessation of contributions. If Health FSA Benefits cease to be provided after such a cessation of required contributions, the Participant may not make an election to rejoin the Plan for the remaining portion of the Plan Year. 5.03 Maximum Health FSA Benefits. The maximum Health FSA Expenses payable to any Participant during any Plan Year is $4,000. 5.04 Maximum Dependent Care FSA Benefits. A Participant who is married at the close of a Plan Year may not receive Benefits for Eligible Expenses incurred by him for the Plan Year in excess of the least of : (a) $5,000 (or $2,500 in the case of a married Participant filing a separate federal income tax return from his spouse); (b) His Earned Income for such Plan Year; or (c) The earned Income of his spouse for such Plan Year. A participant who is not married at the close of the Plan Year may not receive Benefits for Eligible Expenses incurred by him in the Plan Year in excess of the lesser of $5,000 or his Earned Income for the Plan Year. Notwithstanding the above, the maximum Benefits paid under this Plan must be reduced by the amount of any tax-exempt dependent care assistance benefits received by the Participant or his spouse from any other employer during the Plan Year. 5.05 Nondiscriminatory Benefits. The plan is intended not to discriminate in favor of highly compensated individuals as to eligibility to participate, contributions and/or Benefits, and to comply in this respect with the requirements of the Code. If, in the judgment of the Plan Administrator, the operation of the Plan in any Plan Year would result in such discrimination, then such Plan Administrator shall make recommendations to select and exclude from coverage under the Plan, such Participants and/or reduce such Plan Contributions and/or Benefits under the Plan, all as shall be necessary to assure that, in the judgment of the Plan Administrator, the Plan does not discriminate. 4 Section 6 LIMITATIONS 6.01 Maximum Overall Contributions. No Participant who is an Eligible Employee shall be entitled to forego or reduce cash compensation by more than the aggregate maximum amount of Benefits specified in Section 5. Individuals participating under the Continuation of Health Benefit Rules or Section 8 shall not be required to make Plan Contributions in excess of the amounts specified in such Section. 6.02 Forfeiture of Unused Benefits. A Participant shall receive no reimbursement for Benefits elected, but unused, during a Plan Year for any reason. Section 7 ELECTIONS BY ELIGIBLE EMPLOYEES 7.01 Effective Date of Elections. For any Plan Year, a Participant who is an Eligible Employee may affirmatively elect to receive any of the Benefits listed in Section 8 by filing an election form, which may be obtained from the Employer, and which shall specify the type and exact amount of each of such Benefits, and the corresponding amount of Plan Contributions to be paid by the Participant for such Benefits during the period covered by the election. The initial election filed by any Participant who is an Eligible Employee shall become effective on the first day of the monthly pay period which commences after such election form is submitted, properly signed and dated, by the Participant to the Employer and accepted on behalf of the Employer. Any subsequent election filed by such a Participant shall become effective on the first day of the subsequent Plan Year for which such election is made. If any Eligible Employee fails to file an election form by the end of the thirty (30) day period after he first becomes an Eligible Participant, he shall be deemed to have elected to receive all cash Benefits under this Plan. 7.02 A. Duration of Elections for Health Insurance Premiums. Once effective, any such affirmative or deemed election described in Section 7.01 shall remain in effect until the end of the Plan Year for which it was made, and throughout all subsequent Plan Years, unless a change is made pursuant to Sections 7.03 through 7.06 below. 7.03 B. Duration of Elections for Health and Dependent Care FSA's. Elections expire at the end of each Plan Year. 7.04 New Elections for Subsequent Plan Years. A Participant may change his election for any Plan Year subsequent to the Plan Year in which such a change is made, by filing a new election form by the first day of the Plan Year for which he wants such revised election to be effective. 7.05 Revocation of Election on Termination of Service or Switch to Part-time (less than 20 hours per week) Employment. The election of any Participant who terminates or is discharged from Employment with the Employer or who becomes Part-time with less than 20 hours per week will be automatically terminated, effective as of the effective date of such termination, resignation, or reduction in hours. Such a terminated election may be reinstated, however, solely to the extent that a Participant elects to continue to receive the Health Benefits covered by such an election under the Continuation of Health Benefits Rules in Section 8. Except as provided in Section 8, no Benefits will be paid for any expenses incurred for services provided after the effective date of any revocation of a Participant's election. Any Plan Contributions made for the portion of the Plan Year extending beyond such election revocation date will be refunded to the Participant. If the Participant becomes an Eligible Employee again within the same Plan Year, the Participant may not make a new election for the remainder of the Plan Year with respect to any Benefits that were terminated as of the effective date of such termination, discharge, or reduction in hours. 5 7.06 Mid-year Changes in Health Benefit Election on Account of Cost or Coverage Changes. If the cost of any Health Benefits described in Schedule A increases or decreases during the Plan Year, corresponding changes consistent with such increase or decrease will automatically be made in Plan Contributions for such Health Benefits scheduled to be made by affected Participants. If any such cost increase raises a Participant's Plan Contributions for such Health Benefit by more than 25 percent, or if any health coverage under any policy described in Schedule A is significantly curtailed or ceases during the Plan Year, the affected Participants may elect to cease participation under such Health Insurance Policy or plan, or Ilieu thereof to receive on a prospective basis coverage under a similar health insurance policy or plan provided by the Employer. Amendments in outstanding Health Benefits elections, including elections under the Health FSA, may also be made during the Plan Year whenever there has been a significant change in the health coverage of the Participant, or his or her spouse attributable to the spouse's employment, provided that such election changes are consistent with the change in health coverage. Notwithstanding the above, this Section 7.06 does not permit a Participant's election to be changed to reduce Plan Contributions to the Health FSA and the corresponding Benefits reimbursing Eligible Health FSA Expenses, unless the Participant's Plan Contributions to the Health FSA made during the part of the Plan Year preceding such election change either equal or exceed the Benefit reimbursements for Eligible Health FSA Expenses during the portion of the Plan Year preceding such election change. 7.07 Mid-Year Changes in Health and Dependent Care FSA Elections on Account of Life Events. A participant may change his election for the remainder of any Plan Year for which an election has been made or deemed made only if such change in his election is on account of, and consistent with, a Life Event. A "Life Event" shall be an event in the life of the Participant which, as determined in the discretion of the Plan Administrator, increases or decreases the number of Dependents qualifying for Benefits under this Plan, including, without limitation, marriage or divorce of the Participant, death of a spouse or other Dependent, birth or adoption of a Dependent, termination or commencement of a spouse's employment, a switching from full-time to part-time employment status by the Participant's spouse, and the taking of a leave of absence by the Participant or his or her spouse. In the event that Plan Contributions and the corresponding Plan Benefits for the balance of the Plan Year are terminated as the result of such a change in an election, any Plan Contribution made for the portion of the Plan Year extending beyond such election revocation date will be refunded to the Participant. Chan~es will be effective the first of the next month if received by the Plan Administrator by the 101 of the month, otherwise the change will be effective the first of the second month. 7.08 Effect of Change in FSA Account Election on Maximum Health FSA Benefits. Any change in an election affecting annual Plan Contributions to the Health FSA pursuant to Section 7.06 also will change the Maximum Health FSA Benefits for the period of coverage remaining in the Plan Year. Such Maximum Health FSA Benefits for the period of coverage following an election change shall be calculated by adding the balance remaining in the Participant's FSA as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the remainder of the Plan Year. Changes to reduce the health FSA shall be no less than any benefits already paid during the plan year. Section 8 CONTINUATION OF HEALTH BENEFITS FOLLOWING TERMINATION OF EMPLOYMENT OR COVERAGE 8.01 Availability of Continued Health Benefits. The Health Benefits under the Plan will be available to all persons whose Health Benefits would otherwise terminate due to a qualifying event described in Section 8.04 or 8.05, and who qualify under the terms of Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended and subsequent regulations and amendments. Anyone eligible to elect to continue coverage under this Section 8 shall be referred to herein as a "Qualifying Beneficiary". 6 8.02 Continuation of Health Benefits By Payment from Final Paycheck. Any Participant who is terminated or discharged from employment with the Employer or who switches to part-time (less than 20 hours per week) employment status may elect to receive all or some of the Health Benefits covered by his Plan election in effect at the time of such termination or reduction in hours, by paying the Plan Contribution due for such Health Benefits for the balance of the Plan Year out of the Participant's final paycheck (in the case of a termination of service) or last paycheck for the pay period prior to the reduction in hours. If such paycheck is not sufficient cover the full amount of the Plan contribution due for the balance of the Plan Year, the Participant must pay any balance due to the Employer, by making an additional after-tax Plan Contribution within ten (10) days after termination of employment or reduction in hours. 8.03 Purchase of Health Benefits at 102% of Cost. A Qualified Beneficiary whose Plan Benefits have been terminated for any of the qualifying event enumerated in Section 8.04 or 8.05 has the right to continue in the Plan for all health benefits which under the Plan the Qualified Beneficiary was entitled to receive on the day immediately preceding the date of the qualifying event. The time period for which the continuation coverage is available is indicated below in conjunction with the qualifying event. One Hundred Two Percent (102%) of the full cost of providing such coverage shall be charged to any person continuing in the Plan. Notwithstanding the foregoing, in the case of an extension of the 18-month period described in Section 8.04 to 29 months pursuant to Section 8.06, One Hundred Fifty Percent (150%) shall be substituted for One Hundred Two Percent in the preceding sentence for any month after the eighteenth month of continuous coverage. This cost shall be determined at the beginning of each Plan Year and shall remain in effect for the remainder of such Plan Year. 8.04 Qualifying Events Triggering Eighteen Months of Continuation Coverage. An eighteen (18) month continuation of Health Benefits shall be available to Qualified Beneficiaries who lose coverage due to one of the following qualifying events: (a) the termination of employment by a Participant who is an Eligible Employee for any reason except gross misconduct; (b) the loss of eligibility of a previously Eligible Employee to participate in the Plan due to reduced work hours. 8.05 Qualifying Events Triggering Thirty-six Months of Continuation Coverage. A thirty-six (36) month continuation of Health Benefits shall be available to Qualified Beneficiaries who lose coverage due to one of the following qualifying events: (a) death of a Participant who is an Eligible Employee; (b) divorce or legal separation from a Participant who is an Eligible Employee; (c) a covered Dependent child's loss of eligibility to participate in the plan due to age or a change in student status; (d) a covered Dependent's loss of eligibility to participate in the Plan due to the Eligible Employee becoming entitled to Medicare. If a qualifying event listed in this Section 8.05 occurs within the 18-month period described in Section 8.03, the 36-month continuation period shall be deemed to commence as of the date of the qualifying event in Section 8.04. Solely to the extent required by law, in the case of an event described in Section 8.05(d), the period of continuation coverage for covered Dependents for such event or any subsequent qualifying event shall not terminate before the end of the 36- month period beginning on the date the Eligible Employee became entitled to Medicare. 8.06 Other Qualifying Event Rules. In the case of a Qualified Beneficiary who is determined to have been disabled (within the meaning of the Social Security Act) at the time of a qualifying event described in Section 8.04, any reference in Section 8.04 to 18 months with respect to qualifying event is deemed to be a reference to 29 months, but only if the Qualified Beneficiary provides notice of such determination of disability to the Plan Administration within 60 days of such determination, but not later than the otherwise applicable 18-month period. Such Qualified 7 Beneficiary must also notify the Plan Administrator of any final determination that he is no longer disabled, within 30 days of such final determination. 8.07 Notification Rules. The Eligible Employee or Qualified Beneficiary is required to notify the Plan Administrator within 60 days of a qualifying event described in Section 8.05 (b) or (c). If an Eligible Employee or Qualified Beneficiary fails to provide such notice, the Qualified Beneficiary shall lose his right to elect continuation of coverage under this Section 8. The Employer is required to notify the Plan administrator within thirty (30) days of any other qualifying event. The Plan Administrator shall notify each Qualified Beneficiary of his right to continuation of coverage within fourteen (14) days of the notice made to the Plan Administrator of the qualifying event. The Eligible Employee or covered Dependent is also required to provide the Plan Administrator with all information needed to meet its obligation of providing notice and continuation of coverage. 8.08 Termination of Continuation Coverage. Continuation of Health Benefits coverage under the Insurance Policies shall not be provided beyond whichever of the following dates is first to occur: (a) the date the maximum continuation period expires for the corresponding qualifying event; (b) the date of termination of Health Benefit elected under the Plan, together with all other health benefits provided by the County that have been continued under continuation of Health Benefits rules; (c) the date the Eligible Employee or Qualified Beneficiary fails to pay the applicable Plan Contribution on time; (d) the date the Eligible Employee or Qualified Beneficiary becomes covered under any other group health plan (as an employee or otherwise) which does not contain any exclusion or limitation with respect to any pre-existing condition of such Beneficiary; (e) the date the Eligible Employee or Qualified Beneficiary becomes entitled to Medicare; or (f) in the case of an extension of coverage under Section 8.06 due to disability, the later of one of the foregoing events described in subparagraphs (a) through (c) or the month that begins more than 30 days after a final determination that the Qualified Beneficiary is no longer disabled. 8.09 Non-payment of Plan Contributions to Health FSA. If any Participant ails to pay on time any applicable Plan Contribution to the Health FSA, the Employee will reduce any reimbursement for Eligible Health FSA Expense remaining to be paid to the Participant by the amount of any Plan Contributions due for the balance of the Plan Year, as part of the Employer's effort to collect any overdue unpaid Plan Contributions. Section 9 CLAIM PROCEDURES 9.01 Health, Medical and Dental Benefits. Claims for medical, dental, or other Health Benefits under this Plan shall be made on forms maintained and provided by the county. Each participant electing to receive medical, dental or other Health Benefits shall be entitled to claim reimbursement for medical, dental or other health expenses. Such claims shall be made by filing, on a form provided by the County, a request for reimbursement of medical expenses incurred and paid by the Participant in this plan. Such form shall be filed together with such evidence of either payment of indebtedness to the third party as shall be required by the Insurer in accordance with the Insurance Policy for medical or dental care or other Health Benefits received during the Plan Year. The Employer assumes no obligation to pay Benefits under the applicable Insurance Policy or any other policy or contract of insurance. Any review of any claim or denial of a claim shall be performed by the Insurer in accordance with the rules of the Insurance Policy. 8 9.02 Health FSA Benefits. Each participant who desires to receive reimbursement under the Plan for Eligible Health FSA Expenses (up to the maximum amounts outlined below) shall submit to the Plan Administrator, at the time indicated in Section 9.04, a form or other supplementary requests for information provided by the Employer providing: (a) a written evidence of the amount of payment to the independent third party showing the amount of the medical expense that has been incurred; and (b) a written statement that the amount of such expense has not been reimbursed and is not reimbursable under any other health plan; (c) written evidence from the third party provider showing the type and amount of the incurred expense. As soon as is administratively feasible following the 20th of each calendar month, the Plan Administrator will review all the claims submitted by Participants during that month in accordance with the foregoing procedures, and shall pay Participant the Health FSA Benefits which each Participant is entitled to receive under the Plan, in accordance with Section 5.01, 5.03, and 9.02. The maximum amount of such Health FSA Benefits available during the period of coverage, as calculated under the rules of 7.07, properly reduced by prior reimbursements for the same period of coverage. 9.03 Dependent Care FSA Benefits. Each Participant who desires to receive reimbursement under the Plan for Eligible Expenses incurred for Qualifying Dependent Care Services shall submit to the Plan Administrator, at the times indicated in Section 9.04, a form provided by the Employer, or responses to other supplementary factual requests. By submitting this form the Participant acknowledges: (a) the nature and dates of performance of the Qualifying Dependent Care Services for which the Participant wishes to be reimbursed is permissible; (b) that the Participant will include on his or her Federal Income Tax return the name, address and (except in the case of a tax-exempt Qualified Dependent Care Center) the taxpayer identification number of the provider of the Qualifying Dependent Care Services; (c) evidence of indebtedness or payment by the Participant to the third party who performed the Qualifying Dependent Care Services. As soon as is administratively feasible following the 20th of each calendar month, the Plan Administrator shall review all the forms submitted by Participants during that month in accordance with the foregoing procedures, and shall pay each Participant the Benefits which each Participant is entitled to receive under the Plan in accordance with Sections 5.01, 5.03, 5.05, and 9.02. 9.04 Claims Submission Deadlines. Claims submitted under Section 9.01 must be filed with the applicable insurance policy or other insurance contract. Claims submitted under Sections 9.02 and 9.03 must be submitted to the Plan Administrator no later than thirty (30) days after the earlier of the end of the Plan Year or the end of the Participant's period of coverage, if the Participant has ceased to make Plan Contributions to the FSA's. 9.05 Grace Period for Qualified Benefits Expenses. Notwithstanding the Claims Submission Deadlines established in Section 9.04, and as permitted by IRS regulations, a grace period of two and a half (2 % ) months after the earlier of the end of the Plan Year or the end of the Participant's period of coverage, if the Participant has ceased to make contributions to the FSA's, shall apply (the "Grace Period"). During this Grace Period, Participants may have as long as 14 months and 15 days (the 12 months in the Plan Year plus the grace period) to incur and claim reimbursement for qualified benefits or contributions for the Plan Year before those amounts are forfeited under Section 6.02. 9 Section 10 REVIEW PROCEDURES FOR CLAIMS DENIED BY PLAN ADMINISTRATOR 10.01 Notice of Claim Denial. If any claim for Benefits under this Plan submitted under Section 9.02 and 9.03 is denied in whole or in part, the claimant shall be furnished promptly by the Plan Administrator a written notice setting forth the following information: (a) a specific reason or reasons for the denial; (b) specific reference to pertinent Plan provisions upon which the denial is based; (c) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (d) an explanation of the Plan's claim review procedures, as set forth below in Sections 10.02 and 10.03. Failure by the Plan Administrator to respond to a claim for Benefits submitted under Sections 9.20 or 9.03 within thirty (30) days following the end of the calendar month in which such claim was submitted shall be deemed a denial. 10.02 Appeal Procedures. Within sixty (60) days after denial of any claim for Benefits under this Plan, the claimant may request in writing a review of the denial by the Plan Administrator. Any claimant seeking review hereunder is entitled to examine all pertinent documents, and to submit issues and comments in writing. 10.03 Response to Appeal. The Plan Administrator shall render a decision on review of a claim not later than sixty (60) days after receipt of a request for review under Section 10.02. Such decision shall be in writing and shall state the reasons for the decision, referring to the Plan or Code provision upon which it is based. Such decision of the Plan Administrator shall be final and conclusive. Section 11 PLAN ADMINISTRATOR 11.01 Plan Administrator. The "Plan Administrator" shall be the Director of Personnel or his/her designee. The Plan Administrator shall have authority and responsibility to take any reasonable action necessary to control and manage the operation and administration of this Plan under the rules applied on a uniform and nondiscriminatory basis to all Participants. 11.02 Appeals Committee. The "Appeals Committee" shall be a committee of three (3) individuals appointed by the Plan Administrator, who shall have authority and responsibility to decide by majority vote any appeals of claims denied pursuant to the provisions of Section 10 above. 11.03 Expenses. All reasonable expenses of the Plan Administrator and Appeals Committee shall be paid by the Employer and any expenses not paid by the Employer shall not be the responsibility of the committee members personally. Section 12 PLAN CONTRIBUTIONS 12.01 Characterization of Employer and Employee Contributions. All Plan Contributions made on a pre-tax basis shall be designated and deemed to be Employer contributions. All contributions made on an after-tax basis shall be designated and deemed to be Participant Contributions. 12.02 Trust. The plan can provide that no separate trust will be established. 10 Section 13 AMENDMENT OR TERMINATION This plan may be amended or terminated at any time by the Board of Supervisors provided, however, that any termination or amendment shall not effect the right of any Participant to claim Benefits for that portion of the Plan Year or coverage period prior to such termination or amendment, to the extent such amounts are payable under the terms of the Plan as in effect prior to the calendar month in which the Plan is terminated or amended. Any amendment or termination shall take effect only as of the end of a pay period. Section 14 MISCELLANEOUS 14.01 Right to Interpret the Plan. All final decisions in interpreting provisions of the Plan shall be the responsibility of the Plan Administrator and the Appeals Committee. 14.02 No Personal Liability. Nothing contained herein shall impose on any officers or directors of the Employer any personal liability for any Benefits due a Participant or Dependent pursuant to this Plan. 14.03 Additional Procedures. Any rules, regulations, or procedures that may be necessary for the proper administration or functioning of this Plan that are not covered in this Plan shall be promulgated and adopted by the Plan Administrator. 14.04 Agreement not an Employee Contract. This plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant. This Plan shall not be deemed to give any Participant or other employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or other employee at any time regardless of the effect which such discharge shall have upon such a person as a Participant in this Plan. This Plan shall not be deemed to give the Employer the right to require any Participant or other employee to remain the employment of the Employer or to restrict any such person's right to terminate his employment at any time. 14.05 Severability. If any provision of this Plan shall be held invalid for any reason, such illegality or invalidity shall not affect the remaining parts of this Plan and this Plan shall be construed and enforced as if such illegal and invalid provisions had never been included. 14.06 Gender and Number. In the construction of this Plan, reference to any gender shall include the masculine, feminine, and neuter genders, the plural shall include the singular and the singular the plural, wherever appropriate. 14.07 Construction. The terms of the Plan shall be construed under the laws of Virginia except to the extent such laws are pre-empted by federal law. 14.08 Rights. Participants in the Plan are entitled to: (a) examine, without charge, at the Employer's office, all Plan documents; and (b) obtain copies of all Plan documents and other Plan information upon written request to the Employer. The Employer may make a reasonable charge for copies. The Employer has a duty to operate the plan prudently and in the interest of Plan Participants and beneficiaries. No one, including the Employer, may discriminate against a Participant in any way to prevent a Participant from obtaining a Benefit or exercising his or her rights. If a Participant's claim for a Benefit is denied in whole or in part, he or she must be given a 11 written explanation of the reason for the denial. A Participant has the right to have the Employer review and reconsider such claim. 14.09 Delegation. The County of Albemarle shall have the power to delegate specific duties and responsibilities to officers or other employees of the County of Albemarle or other individuals or entities. Any delegation by the County of Albemarle may allow further delegations by the individuals 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. Approved 08-10-2005 12 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Public School Authority AGENDA DATE: August 10,2005 SUBJ ECT/PROPOSALlREQUEST: Adoption of a resolution approving the filing of an application to the Virginia Public School Authority for bond revenue in a principal amount not to exceed $7,790,000 STAFF CONTACTlS): Messers. Tucker, Castner, Davis, Wiggans, Ms. White ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ~~_._- ATTACHMENTS: Yes -f I ;' REVIEWED BY: '/-1 ", , ! ~ j'i( I I ./ !j'./ i ,/~ LEGAL REVIEW: Yes / J BACKGROUND: Funding for the FY 2005/06 Capital Improvement Budget anticipated the utilization of $7,790,000 of bond revenue from the Virginia Public School Authority (VPSA) for various school projects. STRATEGIC PLAN: 4.2. Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: Participation in the bond issue requires both the School Board and Board of Supervisors to pass a resolution authorizing the filing of an application to the VPSA. It is anticipated at this time that the School Board will adopt the resolution at their meeting on August 11, 2005 and the Board of Supervisors on August 10, 2005. The required application must be submitted to the VPSA by the August 31,2005 deadline. A number of additional actions (resolutions, public hearings, approvals) will be required before November 2005 to meet the requirements of the VPSA schedule. The further approvals will be scheduled when the required documents are received by the Director of Finance from the County's bond counsel. BUDGET IMPACT: The FY06 CIP and Debt Service budgets anticipated the issuance of the $7,790,000 using a projected 20 year amortization and 5% interest rate. The first payment of this debt will be required in FY07 and is projected to be $778,600. RECOMMENDATIONS: Staff recommends approval of the attached resolution authorizing the County's application to the Virginia Public School Authority for $7,790,000 in bond revenues. ATTACHMENTS A - Capital Improvement Program School Projects B - Resolution 05.100 ATTACHMENT A CAPITAL IMPROVEMENT PROGRAM SCHOOL PROJECTS FY 2005/06 DESCRIPTION AMOUNT 1. Henley Additions $ 1,000,000 2. Murray High School Renovations $ 149,000 3. ADA Structural Changes $ 50,000 4. Monticello Auditorium $ 800,000 5. Monticello Gym $ 1,999,000 6. School Maintenance Projects $ 3,423,000 7. Vehicle Maintenance Generator $ 165,000 8. Jouett-Greer Site Reconfiguration $ 200,000 TOTAL $ 7,786,000 At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 10th day of August, 2005, at the time and place established by such Board for its regular meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting for the resolution referred to below: PRESENT: David P. Bowerman, Kenneth C. Boyd, Lindsay G. Dorrier, Jr., Dennis S. Rooker, Sally H. Thomas and David C. Wyant. ABSENT: None. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE David Bowerman Kenneth Boyd Lindsay Dorrier Dennis Rooker Sally Thomas David Wyant Aye Aye Aye Aye Aye Aye RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE PRINCIPAL AMOUNT OF $7,790,000 WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake capital improvements for its public school system; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby approves the filing of an application with the Virginia Public School Authority for a loan to the County in an approximate principal amount of $7,790,000 to finance capital improvements for its public school system. The County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver it to the Virginia Public School Authority. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board held on the 10th day of August, 2005, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this 10th day of August, 2005. G~ (SEAL) Clerk of the Board of Super sors Albemarle Count yO a LARRY W. DAVIS COUNlY ATTORNEY COUNTY OF ALBEMARLE Office of County Attorney 401 Mcintire Road. Suite 325 Charlottesville, Virginia 22902-4596 MARK A. TRANK DEPUTY COUNlY ATTORNEY PHONE (434) 972-4067 FAX (434) 972,4068 cou n tyattorneyC(i;albemarle, org GREG KAMPTNER ANDREW H, HERRICK ASSISTANT COUNlY ATTORNEYS August 15,2005 S. Craig Brown Charlottesville City Attorney Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, V A 22902 Kurt J. Krueger, Esquire McGuire Woods, L.L.P. P.O. Box 1288 Charlottesville, VA 22902 Re: Resolution to Waive the Ivy Landfill Settlement Agreement's "No Opposition Provision" Regarding Cell 5 Dear Craig and Kurt: Please find enclosed a copy of the above Resolution, which was adopted by the County Board of Supervisors on Wednesday, August 10,2005. Please advise when City Council and the Rivanna Solid Waste Authority Board will consider the adoption of their Resolutions, and provide me a copy of the Resolutions when adopted. Thank you for your assistance. Sincerely, -2 ~& Co aVls ty Attorney /md fne! / cc: Ella W. Carey, Clerk RESOLUTION TO WAIVE THE IVY LANDFILL SETTLEMENT AGREEMENT'S "NO OPPOSITION PROVISION" REGARDING CELL 5 WHEREAS, the Rivanna Solid Waste Authority (the"RSWA"), the City of Charlottesville (the "City"), and the County of Albemarle (the "County") are parties to a Settlement Agreement and Release dated October 2, 2000 (the "Settlement Agreement") with certain individuals and entities who were plaintiffs (the "Plaintiffs") in an action filed against the RSWA, the City, and the County relating to the Ivy Landfill; and WHEREAS, Section 0.1.a. of the Settlement Agreement requires the Plaintiffs to refrain from opposing the issuance to the RSWA by the Virginia Department of Environmental Quality, or any other applicable federal, state, local or regional governmental authority, of a permit to construct and operate a COO waste disposal cell identified as Cell 5 in the Settlement Agreement within certain limitations (the "No Opposition Provision"); and WHEREAS, the County understands that certain Plaintiffs desire to have the County waive its rights under the No Opposition Provision and the County is willing to waive such rights. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby waives the rights of the County under the No Opposition Provision contained in Section 0.1.a. of the Settlement Agreement. I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on AUGust 10, 2005. Mr. Bowerman Mr. Boyd Mr. Dorrier Mr. Rooker Ms. Thomas Mr. Wyant Aye Nay y y y y y y Dominion Resources Services, Inc. Law Departmcm 1'.0, Box 265.\2, Richmond, VA 23261 ~,~~ ~-~ ~, ~", DominionC0 July 26,2005 APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY TO REVISE ITS MARKET PRICES FOR GENERATION AND RESUL TING WIRES CHARGES FOR CALENDAR YEAR 2006 CASE NO. PUE-2001-00306 To: Local Government Otlicials Pursuant to the Virginia State Corporation Commission's July 21,2005 Orderfor Notice and Comment, Virginia Electric and Power Company is providing a copy of that Order. Please take notice of its contents. A copy of Dominion Virginia Power's Application tIled on July I, 2005 in Case No. PUE-2001-00306 may be obtained from Dominion Virginia Power at no cost by written request to Karen L. Bell, Law Department, Dominion Resources Services, Inc., Post Otlice Box 26532, Richmond, Virginia 23261. -,-,~~ Karen L. Bell Senior Counsel Enclosure Jr - COMMONWEALTH OF VIRGINIAn ~ STATE CORPORA TION COMMISS~1Y - 0730150 AT RICHMOND, JULY 21, 2005 --------..'1. I~ ~~o: W lOO ~ ~ = \-M COMMONWEALTH OF VIRGINIA At the relation of the By STATE CORPORATION COMMISSION r-- r= N Ex Parte: In the matter of considering requirements relating to wires charges pursuant to the Virginia Electric Utility Restructuring Act CASE NO. PUE-20q!;.-00306 - .0::__ c::9 U1 c ,- ORDER FOR NOTICE AND COMMENT On November 19,2001, the State Corporation Commission ("Commission") entered an Order ("November 19,2001, Order") in this docket establishing generation market pricing methodologies for purposes of establishing wires charges for Dominion Virginia Power ("DVP") and Appalachian Power Company d/b/a American Electric Power ("AEP- VA"). Subsequently, on May 24, 2002, the Commission also entered an Order establishing wires charges methodologies for the Virginia electric cooperatives. Pursuant to Ordering Paragraph (5) of the November 19,2001, Order, incumbent electric utilities seeking to impose wires charges in calendar year 2003 and beyond are required to make annual filings by July 1 of each year for any proposed revisions in their fuel factor and "corresponding changes in capped rates, and for market price proposals." Ordering Paragraph (6) kept this docket open for consideration of any other matters that may arise concerning market price determinations and wires charges. On July I, 2005, DVP filed an Application to Revise its Market Prices for Generation and Resulting Wires Charges for Calendar Year 2006. DVP did not propose any changes to the methodology used to derive market prices for generation and resulting wires charges as approved by the Commission for 2005. However, the Company proposed two changes with respect to the inputs used in the development of the 2006 wires charges in order to provide more useful data to be applied to the previously approved methodology. The first change proposed by DVP is to limit the historical load research information used to calculate the projected market prices for generation. In previous filings in this docket, DVP included an additional year of historical load research information to the calculation in each year following its initial wires charges filing in 2001. For example, in the calculation of 2004 wires charges, DVP used four years of historical load research information, covering the period 1999 to 2002. For calculation of the 2005 wires charges, DVP used five years of historical load research information, covering the period 1999 through 2003. IfDVP continued this approach, six years of historical load research information would be used in the current filing, covering the period 1999 through 2004. As an alternative to including an additional year of historical load research information to calculate wires charges in this and future filings, DVP proposes to use only the five most recent years of historical load research data for the development of its annual wires charges. Accordingly, under DVP's proposal, its wires charges for calendar year 2006 would be based on historical load research information covering the period 2000 through 2004. Wires charges for calendar year 2007 would be based on data from 2001 through 2005. The second change proposed by DVP relates to the use of supplemental information for on-peak and off-peak pricing. In 2004, DVP proposed, and the Commission subsequently approved, the use of supplemental information for off-peak pricing if the Staff determined such information was necessary. The supplemental information for off-peak pricing was gathered from assessments of monthly, bi-monthly, and quarterly contracts with the Intercontinental 2 Exchange ("ICE"). DVP continues to support the use of supplemental monthly, bi-monthly, and quarterly off-peak information if the Staff deems such information necessary. However, due to a reduction in the volume of transactions and decreasing availability of bid and offer quotes for the firm on-peak and off-peak contracts with liquidated damages ("Firm LD"), DVP proposes an additional change relating to the use of supplemental information for pricing purposes. The change proposed by DVP relates to the use ofPJM Financial Swap contracts and NYMEX PJM Futures contracts for on-peak and off-peak pricing. Currently, DVP uses two data sources in assessing on-peak pricing: forward market assessments from Platts Energy Trader and Firm LD forward contracts from ICE. DVP currently uses only one data source in assessing off-peak pricing, Firm LD calendar year annual forward contracts from ICE. DVP proposes to use, as supplemental information for both on-peak and off-peak contracts, the PJM Financial Swap contracts based on the real-time index and the NYMEX PJM Futures contracts. Under DVP's proposal, if the Staff administratively determines that sufficient information does not exist to use Firm LD on-peak and off-peak contracts to determine the projected market price for generation, the supplemental information from P JM Financial Swap contracts and NYMEX PJM Future contracts would be used. Specific examples of how this additional supplemental information will be used to calculate the projected market price for generation are shown on Attachments 1 and 2 of DVP's application. Also on July 1, 2005, AEP- VA filed a letter with the Commission stating that it does not propose to implement wires charges for any of its customers during calendar year 2006. AEP- VA further states that no change in its tariffs is necessary because the tariffs currently in effect reflect wires charges set at zero for all customers. Finally, AEP- VA states that it reserves the right to seek to impose wires charges after 2006 if circumstances warrant such action. 3 On July 12,2005, the Virginia electric cooperatives I and the Virginia, Maryland & Delaware Association of Electric Cooperatives (collectively "Cooperatives") filed joint comments in this proceeding and a Motion to Accept Comments Out-of- Time. In support of their motion, the Cooperatives state they failed to file their comments on a timely basis on or before July 1 because of an administrative oversight and a change in certain key personnel. The Cooperatives further state that no parties would be prejudiced or adversely affected by accepting their comments out-of-time. The Cooperatives therefore request that the filing deadline in this proceeding be extended to allow the Cooperatives to file their comments out-of-time. In their comments, the Cooperatives state they continue to support the general methodology by which changes in their wholesale power and fuel cost and corresponding changes in their capped rates can be recognized and calculated monthly. The Cooperatives also continued their support of the Commission's method of establishing market prices based on forward price data from relevant trading hubs. NOW THE COMISSION, having considered the filings ofDVP, AEP-V A, and the Cooperatives, is of the opinion and finds that the Cooperatives' Motion to File Comments Out- of- Time should be granted; that a procedural schedule should be established in this case giving interested persons notice of the proposals filed herein; that interested persons should be granted an opportunity to file comments or testimony and exhibits as respondents; and that interested I A&N Electric Cooperative, BARC Electric Cooperative, Community Electric Cooperative, Craig-Boutetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, and Southside Electric Cooperative, Inc. Central Virginia Electric Cooperative, Northern Virginia Electric Cooperative, and Powell Valley Electric Cooperative did not join in the comments. Central Valley Electric Cooperative has elected not to implement wires charges and Powell Valley is under no obligation to implement wires charges. Northern Virginia Electric Cooperative has not advised the Commission whether it intends to impose wires charges for calendar year 2006. 4 persons should be given an opportunity to request a hearing on the filings made by DVP, AEP- VA, and the Cooperatives. Accordingly, IT IS ORDERED THAT: (1) The Cooperatives' Motion for Leave to File Comments Out-of-Time is granted and the Cooperatives' comments be accepted for filing in this docket. (2) The proceeding for determining market prices in conjunction with establishing wires charges for incumbent utilities in calendar year 2006 shall be made part of this docket, and all papers and documents relating thereto shall be filed herein. (3) Any interested person or respondent may request a hearing on the filings submitted by DVP, AEP- VA, and the Cooperatives. All requests for hearing must be filed in writing, on or before August 15,2005, with the Clerk of the Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, and shall refer to Case No. PUE-2001-00306. Any requests for hearing shall also contain: (i) a precise statement of the interest of the person requesting a hearing; (ii) a statement of the specific action sought to the extent then known; (iii) the factual and legal basis for the action; and (iv) a detailed statement explaining why the person's concerns cannot be addressed by the Commission administratively without the need for a formal hearing. If a sufficient request for hearing is not received, the Commission may consider the matter administratively and enter an order based upon the papers filed herein. A copy of any requests for hearing shall be served on counsel to DVP, Karen L. Bell, Esquire, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219, and James C. Dimitri, Esquire, McGuireWoods LLP, One James Center, 901 East Cary Street, Richmond, Virginia 23219; counsel to AEP- VA, Anthony Gambardella, Esquire, Woods Rogers, 823 East 5 Main Street, Suite 1200, Richmond, Virginia 23219; and counsel to the Cooperatives, John A. Pirko, Esquire, LeClair Ryan, 4201 Dominion Boulevard, Suite 200, Glen Allen, Virginia 23060. (4) On or before August 15,2005, any person desiring to participate in this proceeding as a respondent shall file with the Clerk of the Commission an original and fifteen (15) copies of a notice of participation as a respondent, as required by the Commission's Rules of Practice and Procedure,S V AC 5-20-80 B, and shall serve a copy on counsel to DVP, AEP- VA, and the Cooperatives at the addresses set forth in Ordering Paragraph (3). All notices of participation shall refer to Case No. PUE-2001-00306. (5) Within five (5) business days of receipt of a notice of participation as a respondent, DVP, AEP- VA, and the Cooperatives shall serve upon each respondent a copy of their application and all materials filed with the Commission, unless these materials have already been provided to the respondent. Interested persons may also access unofficial copies of the applications and the Commission's order through the Commission's Docket Search Portal at http://www.scc.virginia.gov/caseinfo.htm. (6) On or before August 29,2005, each respondent shall file with the Clerk of the Commission an original and fifteen (15) copies of any testimony and exhibits by which it expects to establish its case and shall serve copies of the testimony and exhibits on counsel to DVP, AEP- VA, and the Cooperatives at the addresses set forth above in Ordering Paragraph (3). (7) On or before August 29,2005, any interested person wishing to file comments in this case, but not wishing to participate as a respondent pursuant to Ordering Paragraph (4) herein, shall file an original and fifteen (15) copies of such comments with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, and shall refer to Case No. PUE-2001-00306. Interested persons desiring to submit 6 comments electronically may do so, on or before August 29, 2005, by following the instructions at the Commission's website: http://www.scc.virginia.govlcaseinfo.htm. (8) On or before September 8, 2005, the Commission Staff may file any comments or testimony and exhibits it intends to file regarding the applications filed herein, and the Staff shall promptly serve a copy of any such filings on counsel to DVP, AEP- VA, the Cooperatives, and all respondents. (9) On or before September 15, 2005, DVP, AEP- VA, and the Cooperatives shall file an original and fifteen (15) copies of any rebuttal testimony, exhibits, and documents that the companies expect to offer in rebuttal to the testimony and exhibits of the respondents and the Commission Staff and shall on the same day serve one (1) copy of the rebuttal testimony and exhibits on Staff and all other respondents. (10) All parties participating in this case shall respond to written interrogatories or data requests within five (5) calendar days after the receipt of such requests. Except as modified herein, discovery shall be in accordance with Part IV of the Commission's Rules of Practice and Procedure. (11) On or before August 1, 2005, DVP, AEP- VA, and the Cooperatives shall serve a copy of this Order on the Chair of the Board of Supervisors of each county (or equivalent officials in counties having alternate forms of government) in which each company or cooperative offers service, and on the Attorney and Mayor or Manager of every city and town (or equivalent officials of cities and towns having alternate forms of government) in which each company or cooperative offers service. Service shall be by first-class mail or delivery to the customary place of business or residence of the person served. 7 (12) On or before August 8, 2005, DVP, AEP- VA, and the Cooperatives shall file with the Clerk of the Commission proof of service required by Ordering Paragraph (11). AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the State Corporation Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Tyler Building, Richmond, Virginia 23219. CIert or l1li ; State Corporation CormnIsslon · 8 AEP-Virginia Anthony Gambardella Esquire Woods Rogers Hazlegrove PLC 823 E Main St Ste 1200 Richmond VA 23219 V NMD/DE Association of Electr Robert A. Om berg Assistant VP 4201 Dominion Boulevard Suite 101 Glen Allen VA 23060 Thompson, Sr., Henry A. Office of the Commonwealth's At Conty of Sussex P.O. Box 342 Town Manager of Wytheville C. Wayne Sutherland, Jr. P.O. Box 533 Wytheville VA Francese, Albert J. 6597 Rockland Drive Clifton VA Browder, C. M. Sr. Assistant Attorney General Office of the Attorney General Division of Consumer Counsel 900 East Main St., 2nd FI. Richmond VA Cannon, George D. Latham & Watkins 555 Eleventh Street, N.W. Suite 1000 Waverly VA 23890 VMLlVACO AEP Steering Committe 100 East Main Street Christiansburg VA 24073 Duggan, Martha A. Reliant Energy Wholesale Group 3102 North 6th Street Washington DC Virginia Poverty Law Center Steven Myers 201 West Broad Street Suite 302 Arlington VA Virginia Independent Power Pro 22201 Richmond VA Walker, Pamela A. Deputy General Counsel Dominion Resources Services Inc Law Department PH-1 POB 26532 Swider, Michael Manager, Regulatory Affairs Strategic Energy, LLC 2820 Charles Dunn Drive Richmond Pirko, John A. LeClair Ryan PC 4201 Dominion Blvd Suite 200 VA Vienna VA 22180 Glen Allen VA 24382 21024 23219 20004-1304 23220 23219-6532 23060 . Savage, James Policy Analyst Pepco Energy Services Suite 1600 1300 N 17th St Arlington VA Potomac Edison Company Philip J. Bray, Esquire 10435 Downsville Pike Hagerstown MD Petrini, Edward L. Christian & Barton, L.L.P. 1200 Building Suite 1200 909 E Main St USA Richmond Flippen, Edward L. McGuireWoods LLP 1 James Center 901 E Cary St VA Richmond VA Virginia Citizens Consumer Cou 4220 N Fork Rd Elliston VA Pepco Energy Services, Inc. 1300 North 17th St Ste 1600 Arlington VA Tripp III, Guy T. Hunton & Williams LLP Riverfront Plaza East Tower 951 E Byrd St 22209 Richmond VA Monacell, Louis R. Christian & Barton, L.L.P. 1200 Building Suite 1200 909 E Main St 21740-1766 Richmond VA Dimitri, James C. McGuireWoods, LLP One James Center 901 E Cary St 23219-3095 Richmond VA Kinnane, Thomas W. Kinnane & Associates, Ltd. 428 4th St Ste 1 23219-4030 Annapolis MD Bell, Karen Esquire Dominion Resources Services, In P.O. Box 26532 24087 Richmond VA 22209 23219-4074 23219-3095 23219 21403 23261 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Lease agreements between Albemarle County and Piedmont Housing Alliance, Inc. and between Albemarle County and Lewis & Clark Exploratory Center of Virginia, Inc. AGENDA DATE: August 10, 2005 ACTION: X INFORMATION: SUBJ ECT/PROPOSALlREQU EST: Public hearing to consider approval of short-term lease agreements for County Office Building space with Piedmont Housing Alliance, Inc. and Lewis & Clark Exploratory Center of Virginia, Inc. CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes -~ -~-- STAFF CONTACTlS): Tucker, Foley, Davis, Herrick, Stumbaugh REVIEWED BY: , ! LEGAL REVIEW: Yes I /r'l / I It./ / ij :; BACKGROUND: , As some of the Board members are aware, staff has been working with Lewis & Clark Exploratory Center of Virginia, Inc. and Piedmont Housing Alliance, Inc. to assist them in meeting their short term space needs. Staff is currently in the process of finalizing design of the former Police Department space for the Department of Community Development. Because these two agencies had short term needs and that area of the building is not scheduled for renovation until January, staff has worked to temporarily assist them in meeting their needs through the end of the calendar year. STRATEGIC PLAN: 4.2 - Fund County Services in a fair, efficient manner and provide needed public facilities and infrastructure DISCUSSION: Because these agencies are private, non-profit organizations rather than governmental agencies, a formal lease and public hearing are required to allow the use of the space. Under this proposal, both agencies will be occupying the space until the end of the calendar year and intend to make other arrangements to relocate by January. Lewis & Clark Exploratory Center of Virginia, Inc. would be leasing 307 square feet from August 1 through December 31 for $10. Piedmont Housing Alliance, Inc., which is essentially relocating its entire operations until they finalize long term arrangements, would be leasing 3,664 square feet for the same time period and have agreed to pay $2,000 a month. Staff has estimated that the market rate for the lease of this space is approximately $16 per square foot and therefore, approval of this proposal will result in a subsidy to both agencies when compared with the market rate. However, because this space was not on the market due to its short term availability and would have been vacant until January, staff feels this arrangement is a benefit to both the County and the community. BUDGET IMPACT: Approval of these lease agreements will generate approximately $10,000 in unanticipated revenue. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute the building leases for Lewis & Clarke Exploratory Center of Virginia, Inc. and Piedmont Housing Alliance, Inc. under the terms outlined in this executive summary, provided that the lease is in a form approved by the County Attorney. ATTACHMENTS A - Draft Lease 05.106 Attachment A AGREEMENT OF LEASE THIS LEASE AGREEMENT is made as of COUNTY OF ALBEMARLE, VIRGINIA, Landlord, and [Tenant), Tenant. , 2005 by and between the ARTICLE I. PREMISES AND IMPROVEMENTS In consideration ofthe rents and covenants herein set forth, Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the premises described on Exhibit A attached hereto and made a part hereof together with any and all improvements thereon (the "Leased Premises"). The Leased Premises shall be occupied by the [Tenant]. ARTICLE II. TITLE: UIET ENJOYMEN So long as Tenant is not in default hereunder, Tenant shall havep a<::~f41 and quiet enjoyment, use and possession of the Leased Premises without hindrance on the part oftheI.,and10r claiming by, through, or under Landlord. ARTICLE III. TERM Section 3.1. Commencement and Expiration. The term of this Lease on (the "Date of Commencement") and shall expire unless extended or sooner terminated. All references to the "term" of this Lease shall, unless the context indicates a different meaning, be deemed to be a to the term described herein. Section 3.2. Renewal. This Lease by the Landlord and Tenant. If renewal is not agreed upon expiration of the initial term. for an additional period as may be mutually agreed Landlord and Tenant, this Lease shall expire ARTICLE IV. RENT Section 4.1. Annual Rent. Commencing upon the Date of Commencement, Tenant agrees to pay to Landlord annual rent of$ per gross square foot, payable in equal monthly installments, in advance, on the first day of each month during the term hereof. The rentfol"~1+b;;equent years of the term of the Lease shall be indexed for inflation and shall be calculated by first estab1i~l1fuga fraction, the numerator of which shall be the level of the CPI Index (as defined herein) a~yOf the first day of that month which is two months before the month in which the Date of ComrrWflcerp,ent occurs in thes1.lbsequent years, and the denominator of which shall be the level of the CPI Index as of the firsfigtl-y of that monthWbich is two months before the initial Date of Commencement. The resulting fraction shall berp,ultiplied by the rent agreed upon or established for the first year of the term of the Lease to determine the annu~ll"ynt due for tl1y year. The rental figure shall be revised each year based upon this formula. The CPI Index shall beitl1s:, U.S. ~1+reau of Labor Statistics Consumer Price Index (all items, all urban consumers, 1982-1984 = 100). IftheGPIIridex shall be discontinued, Landlord shall designate an appropriate substitute index or formula having the~arne general acceptance as to use and reliability as the CPI Index and such substitute shall be used as if originally designated herein. Notwithstanding the foregoing, in no event shall the rent due for any lease year decrease below the rent payable for the first year. Section 4.2. Address for Rent Payment. All payments of rent due Landlord pursuant to Section 4.1 shall be made to Landlord at the address specified in Section 15.3, or to such other party or at such other address as hereinafter may be designated by Landlord by written notice delivered to Tenant at least ten (10) days prior to the next ensuing monthly rental payment date. ARTICLE V. UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, heating and cooling, trash collection and janitorial services at no additional cost to Tenant. Tenant shall provide telephone and all other services. Attachment A ARTICLE VI. USE OF PROPERTY Section 6.1. Permitted Use. Tenant shall have use of the Leased Premises for offices. Tenant shall also have use of the lunchroom, restrooms, elevators and main entry corridors, which areas will not be calculated in the gross square footage for rental purposes. Section 6.2. Parking. Tenant shall be entitled to the use of parking spaces in the Lower Parking Lot and an access easement to the Leased Premises. ARTICLE VII. ALTERATIONS, IMPROVEMENTS, FIXTURES AND SIGNS Section 7.1. Installation by Tenant. (a) Tenant may, from time to time, make or cause to be made any interior non-structural alterations, additions or improvements which do not damage or alter the Leased Premises, provided that Landlord's consent shall have first been obtained in writing, and provided that Tenant shall obtain all required governmental permits for such alterations, additions or improvements. (b) Tenant may, from time to time, make interior ~1;l:y~tural alterations, additions or improvements, only with Landlord's prior written consent to plans and specifiCation~tperefor,\ypich consent shall not be unreasonably withheld. Upon the expiration or sooner termination of this Le~~~~ p.(jlord".shall have the option (exercisable upon sixty (60) days notice to Tenant except in the case of a termiria( of this Lease due to a default by Tenant, in which case no such notice shall be required) to require Tenant to r e at Tenant's sole cost and expense any and all improvements made by Tenant to the Leased Premises or to elect e;ep such improvement as Landlord's property. In the event Tenant is required to remove any improvements, l}'t:P.;l.rit shall be responsible for the repair of all damage caused by the installation or removal thereof, and (ii) ifT~nant fails to properly remove such improvements or provide for the repair of the Leased Premises, Landlord may perform the same at Tenant's cost and expense. Section 7.2. Si Premises with the prior nant s lhave the right to place signs on the interior or exterior of the Leased pproval9f Landlord. ARTICLEvm MAINTENANCE OF LEASED PREMISES Section 8.1. Maintenance. Lan(jlord shall be responsible for all repairs and maintenance for the Leased Premises, whether ordinary or extraordinary"s1;l:yctural or non-structural, foreseen or unforeseen, including, but not limited to, plumbing, heating, electrical, air conditioning, plate glass and windows. Notwithstanding the foregoing, Tenant shall be responsible for all maintenance and repairs necessitated by the negligence of Ten ant, its employees and invitees. Section 8.2. Surrender of Leased Premises. At the expiration of the tenancy hereby created, Tenant shall surrender the Leased Premises and all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, it any, which Landlord has granted permission to have left in the Leased Premises. At such time, the Leased Premises shall be broom clean and in good condition and repair, commensurate with its age. If Tenant leaves any of Tenant's personal property in the Leased Premises, Landlord, at its option, may remove and store any or all of such property at Tenant's expense or may deem the same abandoned and, in such event, the property deemed abandoned shall become the property of Landlord. ARTICLE IX. INSURANCE Section 9.1. Liability Insurance of Ten ant. Tenant covenants and agrees that it will, at all times during the term of this Lease, keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises and the business operated by Tenant and any sub-tenants of Tenant on the Leased Premises in which the limits of public liability for bodily injury and property damage shall not be less than One 2 Attachment A Million Dollars ($1,000,000) per accident, combined single limit. The policy shall name Landlord as additional insured. The policy shall provide that the insurance thereunder shall not be cancelled until thirty (30) days after written notice thereof to all named insured. Section 9.2. Indemnification of Landlord. Tenant shall reimburse Landlord for, and shall indemnity, defend and hold Landlord, its employees and agents harmless from and against, all costs, damages, claims, liabilities, expenses (including attorney's fees), losses and court costs suffered by or claimed against Landlord, directly or indirectly, based on or arising out of, in whole or in part from (a) use and occupancy of the premises or the business conducted therein by Tenant, (b) any act or omission of Tenant or any invitee, (c) any breach of Tenant's obligations under this lease, including failure to surrender the premises upon the expiration or earlier termination of the lease term, or (d) any entry by Tenant or any invitee the land prior to the lease commencement date. Section 9.3. Fire and Extended Coverage. Landlord agrees that it uring the initial and any renewal term of this Lease, insure and keep insured, for the benefit of Landlord q~di <:;qtive successors in interest, the Leased Premises, or any portion thereof then in being. Such policy shaUFontain coYm-~ge against loss, damage or destruction by fire and such other hazards as are covered and protected against, at standard rates under policies of insurance commonly referred to and known as "extended coverage," as the same may . from time to time. Landlord agrees to name Tenant as an additional insured on such policy, as its interest m Section 9.4. Evidence ofInsurance. Copies of policies of insurance (or certificates of the insurers) for insurance required to be maintained by Tenant and Landlord pursuant to Sections 9.1 and 9.2 shall be delivered by Landlord or Tenant, as the case may be, to the other upon the issuance of such insurance and thereafter not less than thirty (30) days prior to the expiration datesther.~of. Section 9.5. Waiver of Subrogation. Landlord aridu:;~.tWJ::lt each hereby releases the other from any and all liability or responsibility to itself or anyone claimingthrougpofqpgyLitpy way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extdjg~d coverage or supplementary contract casualties, even if such fire or other casualty results from the negligerke of itself or anyone for whom it may be responsible, provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as any such release shall not adversely affect or impair the releasor's policies or insurance or prejudice the right of the releasor to recover thereunder. TICLE X. WASTE, NUISANCE, COMPLIANCE WITH GOVERNMENTAL REGULATIONS Section 10.1. Waste isance. Tenant shall not commit or suffer to be committed any waste or any nuisance upori1:he Leased Premist;:$; Section Im4.Governmental Regulations. During the term of this Lease, Tenant shall, at Tenant's sole cost and expense, comply\Vith allpfthe requirements of all county, municipal, state, federal and other applicable governmental authorities;P9\Vjnforce, or which may hereafter be in force, pertaining to the Leased Premises or Tenant's use and occupancy thereof. ARTICLE XI. FIRE OR OTHER CASUALTY If the Leased Premises shall be damaged so as to render two-thirds (2/3) or more of the Leased Premises untenantable by fire or other casualty insured against under the insurance required to be carried by Landlord pursuant to Section 9.2, Landlord may elect to either terminate this Lease as of the date of damage or repair the Leased Premises. Unless Landlord elects to terminate this Lease, such damage or destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of the rent payable under Article IV while such repairs are being made, such proportionate reduction to be based upon the proportion of the Leased Premises rendered untenantable as a result of such damage. Notwithstanding the foregoing, if any damage or destruction from any cause whatsoever has not been repaired and such repairs have not commenced within one hundred eighty (180) days of the date thereof, Tenant may, as its exclusive remedy, terminate this Lease upon thirty (30) days written notice to Landlord. 3 Attachment A ARTICLE XII CONDEMNATION If the whole or any part of the Leased Premises shall be taken under the power of eminent domain, then this Lease shall terminate as to the part so taken on the day when Tenant is required to yield possession thereof, the Landlord shall make such repairs and alterations as may be necessary in order to restore the part not taken to useful condition; and the rent payable under Article IV shall be reduced proportionately as to the portion of the Leased Premises so taken. If the amount of the Leased Premises so taken is such as to impair substantially the usefulness of the Leased Premises for the purposes for which the same are hereby leased, then either party shall have the option to terminate this Lease as of the date when Tenant is required to yield possession. ARTICLE XIII DEFAULT OF TENANT Section 13.1. Default. The occurrence of any of the following deemed a "default" under this Lease: (a) Tenant fails to pay when due any amount of rent, additional Lease, including Articles IV and V, and such payment is not receivedby written notice of such failure is received by Tenant; or monies due under this ten (10) days after (b) a default in any of the other provisions of this Lease, and such default period of thirty (30) days after written notice thereof from Landlord. uncured for a Section 13.2. Remedies. In the event of any default or breach hereofby Tenant, Landlord shall have the right (in addition to all other rights and remediespfoyided by law) to terminate this Lease or to re-enter and take possession of the Leased Premises, peaceably or b)/force, and to remove any property therein without liability for damage to and without obligation to store such property, butlllay~tore the same at Tenant's expense, and to collect from Tenant all rent then due and which would accrue for tlJ\;uriexp~f\;4p9rtion of the term hereof, together with reasonable attorney's fees. In addition, in the event of a. fajlUre to payrerit, additional rent or other money within five (5) days of its due date, Tenant shall pay to Landlord the greater of Twenty- Five and nail 00 Dollars ($25.00) or one half (1/2) of one percent (1 %) of such sum for each day after the fifth day such rent or other money is late. ARTICLE XIV HOLDING OVER, SIGNS, SUCCESSORS SectiR~14.lJFf?I~i~p Over. Any holding over after the expiration ofthe term hereof, with the consent of Landlord, ~ijall be constnieQt9pe a tenancy from month-to-month at the same rent herein specified (prorated on a monthly and shall othe be on the terms and conditions herein specified as far as applicable. During any hold-o riod, this Leas y be terminated at will by either party upon 30 days' written notice. Section Showin t shall allow Landlord, or its agents, as Landlord may reasonably desire. ased Premises. During the last ninety (90) days of the term hereof, Tenant show the Leased Premises to prospective tenants or purchasers at such times Section 14.3. Successors. All rights and liabilities herein given to, or imposed upon the respective parties hereto, shall extend to and bind the heirs, executors, administrators, successors and permitted assigns of the parties. All covenants, representations and agreements of Landlord shall be deemed the covenants, representations and agreements of the fee owner from time to time of the Leased Premises and Landlord shall be automatically released of all liability under this Lease from and after the date of any sale by Landlord of the Leased Premises. All covenants, representations and agreements of Tenant shall be deemed the covenants, representations, and agreements of the occupant or occupants of the Leased Premises. ARTICLE XV. BROKER'S FEES Tenant and Landlord hereby warrant that there are no brokerage commissions due in connection with this Lease. 4 Attachment A ARTICLE XVI. NO ASSIGNMENT Tenant shall not assign this Lease or sublet all or any portion of the Leased Premises, either directly or indirectly, without the prior written consent of Landlord. No assignment, sublease or transfer of this Lease by Tenant shall (i) be effective unless and until the assignee, subtenant or transferee expressly assumes in writing Tenant's obligations under this Lease, or (ii) relieve Tenant of its obligations hereunder, and Tenant shall thereafter remain liable for the obligations of the Tenant under this Lease whether arising before or after such assignment, sublease or transfer. ARTICLE XVII. SUBORDINATION OF LEASE This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to (1) any mortgages, deeds of trust and building loan agreements affecting the Leased Premises, including any and all renewals, replacements, modifications, substitutions, supplements and extensions thereof, and (2) each advance made or to be made thereunder. In confirmation of such subordination, Tenant shall promptly upon the request of Landlord execute and deliver an instrument in recordable form satisfactory to Landlord evidencing such subordination; and if Tenant fails to execute, acknowledge or delive1] any such instrument within ten (10) days after request therefor, Tenant hereby irrevocably constitutes a.ndappoints Landlord as Tenant's attorney-in-fact, coupled with an interest, to execute, acknowledge and deliy~rany such instruments on behalf of Tenant. Tenant further agrees that in the event any such mortgagee or lender requests reascmable modifications to this Lease as a condition of such financing, Tenant shall not withhold or dehlyjt~cons~nt thereto. ARTICLE XVIII. MISCELLANEOUS Section 18.1. Waiver. The waiver by landlord or Tenant of any brea any term, covenant or condition contained herein shall not be deemed to be a waiver of such term, covenant, ndition or any subsequent breach of the same or any other term, covenant, or condition contained herein. The subsequent acceptance or payment of rent hereunder by Landlord or T respectively, shall not be deemed to be a waiver of any breach by Tenant or Landlord, respectively, of an nant or condition of this Lease regardless of knowledge of such breach at the time of acceptance or ent of s ,hrent. No covenant, term, or condition of this Lease shall be deemed to have been waived by T andlordunless the waiver be in writing signed by the party to be charged thereby. Section 18.2. Entire A ent. 'Thi~:I:.;ease'a.n9the Exhibits attached hereto and forming a part hereof, set forth all the covenants, promises'll..g1]yements, conditions and understandings between Landlord and Tenant concerning the Leased Premises; and the~~a.1]e no covenants, promises, agreements, conditions or understandings, either oral or written, between them othetthan as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced in writing and signed by them. Section 18.3.. Notices. Any notice, demand, request or other instrument which may be, or are required to be given under this Lease, shall be in writing and delivered in person or by United States certified mail, postage prepaid, and shall be addressed: (a) ifto Landlord, at County of Albemarle County Executive's Office 40 1 McIntire Road Charlottesville, Virginia 22902 or at such other address as Landlord may designate by written notice; (b) if to Tenant at [Tenant] r Address] or at such other address as Tenant shall designate by written notice. 5 Attachment A Section 18.4. Captions and Section Numbers. The captions and section numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections of this Lease nor in any way do they affect this Lease. Section 18.5. Partial Invalidity. If any term, covenant or condition of this Lease, or the application thereof, to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 18.6. Recording. Upon request of either party, a memorandum of lease will be executed and recorded. Such memorandum shall contain any provisions of this Lease which eithevparty requests except for the provisions of Article IV, which shall not be included. The cost of recording such memorandum oflease or a short form hereof shall be borne by the party requesting such recordation. Section 18.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Section 18.8. Counterparts This Agreement may be executed simultaneou~~y, in two or more counterparts, each of which shall be deemed an original, but all of which together shall cOl1$t'itute one and the same instrument. Section 18.9. This lease is subject County, Virginia. appropriations by the Board of Supervisors of Albemarle IN WITNESS WHEREOF, the parties hereto haveexecl.lt~q.thi~ instrument as of the day and year first above written. TENANT [TENANT] This Lease is following a duly-held pu By: Print Name: Title: LANDLORD ehalf ofthe County of Albemarle by Robert W. Tucker, Jr., County Executive, ing, and pursuant to a Resolution of the Albemarle County Board of Supervisors. COUNTY OF ALBEMARLE, VIRGINIA By: Print Name: Title: Approved as to form: Albemarle County Attorney 6 Attachment A EXHIBIT A DESCRIPTION OF LEASED PREMISES [Insert Description of CCF's Leased Premises, including location and square footage.] 7 . . . ;'~- , COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 July 12, 2005 T Michael & Kim Umstadter 2985 Shiffletts Mill Road Crozet, VA 22932 RE: SP 2005-00004 Final Touch Tree Service, LLC (Sign #73) - Tax Map 7, Parcel 30 Dear Mr. and Mrs. Umstadter: The Albemarle County Planning Commission, at its meeting on June 28, 2005, by a vote of 5:0 recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions, as recommended in the staff report: 1. Structures used for this home occupation shall not exceed 400 square feet in size and shall be limited to the building labeled "Util Bldg" on the physical survey plat of the property dated July 17, 1996. (Attachment B) 2. No tree service equipment or materials shall be stored on the property. 3. No customers of the tree service business shall visit the site. 4. Prior to the issuance of a Zoning Clearance for the home occupation class B, the applicant shall provide sight distance at the entrance/exit to the property onto Shifflett's Mill Road (Route 687) to the satisfaction of the Virginia Department of Transportation. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 10,2005. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. SP 2005-004 Final Touch Tree Service Page 2 July 12, 2005 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296-5832. . Sincerely, ~~ Rebecca Ragsdale Senior Planner Planning Division - -~-~----.. u RARJaer Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse . . . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Rebecca Ragsdale June 28, 2005 August 3, 2005 SP 2005-0004 FINAL TOUCH TREE SERVICE Applicant's Proposal: The applicant is requesting approval of a special use permit for a Home Occupation, Class B to allow a home office for the Final Touch Tree Service business. The home office would be located in an accessory building detached from the residence on the property. There would be no employees, other than members of the household, or customers visiting the site. This request is for the home office use only and all other aspects of the tree service business, including storage and maintenance of equipment, are at another location. Petition: Request for a special use permit for a Home Occupation Class B for an office use to support a tree trimming business, in accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for Home Occupations Class B in the RA (Rural Areas) by special use permit. The subject parcel, described as Tax Map 7, Parcel 30, contains approximately 5 acres and is located at 2985 Shiffletts Mill Road (Route 687), approximately 1 mile west of its intersection with Free Union Road (Route 601). The property lies within the White Hall Magisterial District, is zoned RA (Rural Areas) and is in the area designated as Rural Areas 1 by the Comprehensive Plan. . Character of the Area: The area immediately surrounding the site is rural with the rear of the property wooded. There are other residences along Shifflett's Mill Road, the closest one being adjacent to the east of the applicant's property, over 200 feet away. The Free Union Agricultural and Forestal District is located about half a mile to the west of the property and Buck Mountain Creek runs parallel to Shifflett's Mill Road across from the applicant's property. Site History: There is no history of previous planning or zoning applications on this property. The residence on the property was constructed in 1932, with several additions since 1996. Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding areas as being located in the Rural Areas. The Rural Areas Plan of the Comprehensive Plan offers guidance to how home occupations should be reyiewed in the Rural Areas. Specifically, the plan indicates home occupations should be limited to a scale and intensity that will not diminish the character or quality of life in the Rural Areas, encourage suburban deyelopment patterns or density, or significantly impact natural or cultural resources. This office request is of a scale and intensity that would not be counter to this Rural Area policy. This special use permit is an example of a home occupation that would be appropriate to allow by-right to meet the comprehensive plan strategy in the RA Plan (page 26-27): Revise the definitions and standards relating to home occupations to streamline approvals for low-impact uses (preferably by right), require special use permits for uses with higher impacts, and clarifY which uses will not be permitted as home occupations. . SP 2005-0004 Final Touch Tree Service June 21,2005 Staff Comment: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: . The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property. No detrimental impacts to adjoining properties have been identified. that the character of the district will not be changed thereby, This home occupation would not result in any increased levels of activity on the site that would be inconsistent with the character of the area. The office use is conducted by a resident of the property and there are no employees or customers yisiting the site or equipment storage. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent as contained in Chapter18, Sections 1.4, 1.5, and 1.6 of the Albemarle Zoning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance. with the uses permitted by right in the district, This use would not prevent by-right use of the adjacent properties. . and with the public health, safety and general welfare. The public health, safety, and general welfare of the community are protected through the special use permit process, which assures that uses approved by special use permit are appropriate in the location requested. VDOT has provided the following comment on this special use permit: · Entrance needs to be upgraded to private street entrance standard as shown in the Minimum Standards for Entrances to State Highways to accommodate the use; · Sight distance is minimal and can be met by removallcutting of the vegetation. VDOT has indicated, after further information was provided after these review comments were received, that if traffic is limited to residential only and that this is conditioned and monitored by the special use permit, then the requirements of the first bullet would not be necessary. The site distance at the entrance is a safety concern for any user of the property and VDOT has indicated this condition can be improved by removing the yegetation at the entrance. (Attachment E) The required site distance for the residence is 250 feet but with the obstruction it is approximately 50-75 feet. Route 687/Shifflett's Mill Road had around 50 vehicle trips per day when last counted in 2003. Staff has recommended a condition of approval for the applicant to address the sight distance satisfactory to VDOT, given safety concerns. with additional regulations provided in Section 5.0 of this ordinance, . SP 2005-0004 Final Touch Tree Service June 21, 2005 2 . . . Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance (Attachment C). The applicant has not requested any modifications to the provisions of this section of the Zoning Ordinance. The requirements are either met or are not applicable to the limited use proposed as a home occupation. Regarding Section 5.2.2.1.a, because an accessory structure is used for the office use the use is considered a Home Occupation Class B that requires approval of a special use permit. The accessory structure is approximately 240 square feet in size, currently the upstairs of the building is the only portion used for the office. This is less than 25 percent of the 1649 square feet floor area of the dwelling, which would be approximately 412 square feet. The accessory building is in compliance with Section 5.2.2.b as the accessory structure is compatible with the residence and surrounding barns on the property. The accessory building is painted in the same color scheme, including matching roof, as the residence. (Attachment D) Summary: Staff has identified the following factors favorable to this application: 1. There would be no additional traffic generated from this proposal. 2. There would be no noise or lighting impacts on surrounding neighbors. Staff has not found any factors that are unfavorable to this request. Staff Recommendation: Based on the findings contained in this staff report, staff recommends approval of SP 2005-004, subject to the following conditions: 1. Structures used for this home occupation shall not exceed 400 square feet in size and shall be limited to the building labeled "Util Bldg" on the physical survey plat of the property dated July 17, 1996. (Attachment B) 2. No tree service equipment or materials shall be stored on the property. 3. No customers of the tree service business shall visit the site. 4. Prior to the issuance of a Zoning Clearance for the home occupation class B, the applicant shall provide sight distance at the entrance/exit to the property onto Shifflett's Mill Road (Route 687) to the satisfaction of the Virginia Department of Transportation. Attachments: A. Application B. Physical Survey Plat, dated July 17, 1996, prepared by Kirk Hughes and Associates C. Section 5.2.2 of the Zoning Ordinance D. Photos of accessory building, residence, and view from Shifflett's Mill Road E. Photo of entrance to property/vegetation SP 2005-0004 Final Touch Tree Service June 21. 2005 3 ~;'~.'Joo~ -~~~ <-I Sign # 13 TMP.J2 Q. 2.t2fr- [) CJ -Q Q- D 3.- - I ':/ (p Magisterial District: "WL.t;" Y\o Q[) Staff:./ Date: - Attachment A eApplication for Special Use Permit Please See the List at the bottom of page 4 for the Appropriate Fee (staff will assist you with this item) Project Name (how should we refer to this application?): Hn~T~,,,-I\>~ S\/0) LLL Proposed Use: J~ "0 Cc.AA.1~~ ~ J3 *Existing Use: * Zoning District: (*staffwill assist you with this item) Zoning Ordinance Section number requested: 10 . L' L . 3 J Number of acres to be covered by Special Use Permit (if a portion it must be delineated on a plat): Is this an amendment to an existing Special Use Permit? Are you submitting a preliminary site plan with this application? a YES "0:NO YES W"NO ~; h'\ U it\. s +cr.d +=-r Address 2 9,65 ~h;{+le---#. nt,'ll ,2-d. City Lr~)2.€-+ State vA- Zip 2-lYij2. DaytimePhone(ctj~ Lli'f- ~?)...b'( Fax# Q-N-7).al E-mail ~'nc:,---l+J, <Q /Y'J;l1.d.s.r .!~,~ ~ Owner of Record I, Vn \,.~c.o..J Contact Person (Who should we calVwrite concerning this project"): LAlr\ S, -t<L d~ ddress 2Q8s ~h;"f.f-te..+h; n'l/l' ;2J. City ('YDL~ State \,/A- Zip 22.f~L.. . Lr~" ~ '2-q 5" J.."t6-\ Daytime Phone (-\~I.h Cj81~ 5B2.15 Fax # 9,'-{ -1)..0 I E-mail-h'YlcJ-Jc...t, ~h ,'r--J sty;nJ'<:..J2rh.-. Applicant (Who is the Contact person representing') Who is requesting the rezonlllg')): ILl' .,,'\. iT n1'" ~ [~h1. ~-I-o.-d ~ Address ~~85 ,S\"';( t\e. tts, fYl; 11 eel. City Lr02 d- State \/A- Zip 22 ?3l DaytimePhone~3''t) lrY-bl.lo, Fax # 'llL(-/la/E-mail -hncJ~ rl-dt'lJSrprJ"j' ~~ Tax map and parcel: Physical Street Address (if assigned): 218 S :; h r ++ le+ts J1I ,'II /2J. /l/2- m,'Ie. ,~ h"~ Clr~L~-{1 VY-~ 22.932- '11"- ~/ ~~ch~", d Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers nCl o Special Use Permits: /-;;./ ~S-Check # 3 7Cr,3 By Who? History: o . F~ -r~eceiPt# /8:1.'-1 By: R r.... C' If'''''' n Ill"- "'"""', ::,-. 1~_~ ~ ~~ - ~\;-;;'A i'. ~ ZMAs & Proffers: ,,' Ii.- . "'\t\ro ~1'-.: ';.\""_ W OFFICE USE ,ON,L Y Fee amount $ .-t./<-/O Date Paid O/~ariances: J[JI)() - 00 9 o Letter of Authorization JAN 21 2005 .......- 11~llos R~ ~o~ \ /1 f, j',(P/ DYES 0 NO County of Albemarle Department of Communi~b!jHffenDEVELOPMENT 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 7/1/04 Page 10f4 c; Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare." The items that follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of you request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? How will the proposed special use affect adjacent property? No Q f+ect- ---to c",dJCQ 1 n ;~-:J rY~(f~-\i ~S . How will the proposed special use affect the character of the district( s) surrounding the property? No R- f+'ec..J- -+0 ~()..,y- CLC+ev- u~ -\--E. ~ d i'S-t-V{C+, How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmony with the uses permitted by right in the district? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? How will this use promote the public health, safety, and general welfare of the community? 07/1/04 Page 2 of 4 .. . . ~ Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: We w;.s.h -+-0 b~; "'-C b\.l...S. in.~S;s. c::::A-+,~ -C.)+ \ \ "" (l~ ~~0-..-~-lh -rv --e..e- 5eJr-v j CQ LLC -..:J~) \--','Ll/\... \ i h ~~ \y'1 G__ s.~") G.,.-cd~ I (' I ), \' '/ I': .A _ \ t D u, Ld\ ~ ,yQ;(i/Yj ~ h '251/Y'..lL " )/,,--jc ~rrf / '-'-('L LC _ ~ iill./\ L~,\nC 8ycllr\{~"\CJL. r00 e-yv\...f(~.QJL.S \"'~~ -+c-\t,u. =+-<;~_ n IS :J'-i--~d bot M f~~ (),_,/Y"\.d-c~d-+ , f10~"-~1'29 f,,~~ 'b.t '-'rf\..e. IJ'v--S \ n e_t~ C-1"- d \ L\ >'>-, L)'YK--g.-f-c.U1~) o-t+-, ~ hn C'---h-~ CLy / b 'Oc, ,~\ ATTACHMENTS REQUIRED - provide two (2) copies of each o l. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a rezoning for a portion of the property, it needs to be described or delineation on a copy of the plat or surveyed drawing. o 2. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so, If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. . If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: o 3. Provide 16 copies of any drawings or conceptual plans. o 4. Additional Information, if any. (16 copies) Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanyinp- information is accurate, true, and correct to the best of my knowledge. ~lM~ Signature of Owner I 111 ,'dhcLQji ct 'n-\ S -+CLd,-t e.r Print Name ~ [l~ ,/' f{i , '\ J \ J 1/,,- ~. l,~/v G 43>Y- .7Y'lC)5-d-'-I~Y dtOry . 7/li04 Page 3 of4 1 Mar l~ U~ U4:::!Op KIm Umstadter 434-974-7201 m ....... C Q) E ..c () CU ....... ~ \:J II) :>., II) U) ( II) ~~ U1 -~ --w '9'~ . 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'i::.Q ~~ '~ II;) z:~ 0 ::::::~O to E: ? ~ \l) ~. -w~ ~ ~ "'( ~ = <.J) / ./ p.3 Attachment B \f) ~ :S;U) (..,)L. a~ '" \.f) (G.....o"-l "" n- 'll 0-- 0'= '" \.f)..... :': '" \S> \) --<;(\)"-,,,, 1 (5 C::U)JJ\S> I ..... lI:J-e::o.o-- ~ ~ 11) ~ ."-l l!) <-l..J:::~" (J' "I: ~:;;~ 0 ~ .n III F;}~<D "" ",>4..1....,'::-' " kJSG~~ ~ ::t:::U1", ~2 C; \J C\J-CQ. ::::J~ ~ ::t:::~ ~ ~ ~ It..J (,,) 'l- <: O..........I:rt--..o......\S>(J- '<T K \.9 <') \.9 "-l . \.9 \Si l') ~ Q" tC) ri r-.: M~tcio tr' \S) l') '" ~ ~ 1'..:.,..,\.9.... co CS ~t...Jb..JkJt...J4..i\uk.ikJ ~g&-~~~~Qi-J~ --- ~!')!'1 a a o\l) !') 9 a Q(, t-.. <() ll) 'l- II') :"l: \l)p~~Pp"". Uj l')......~<>::l\Sll)<>::lII')~ It:J <')\S...,.l")""'\.9~l'-..'" <::: <::: <:: <:: <:: <:: <:: <:: tI) h;:! '" '" <') "l- U) \Sl to-.. <Q \J ~ -.J -.l ~ -: -l-t -.J.-J --..I --J " " "oJ a "- (~) ti, \, ~~ Q. ~~f"i c(' .0 '-'~ "L """ ~tg ;:3:;::[Q '< \} III " ,- " c:, " -w ~ i- I') ~ \) '-l.~ I:J \U'l}ll)tr-G 0 ~ ~ c5-,~ 0.:: l') ~1:fL .~Ll)~ ~ '" '" . ",t:' \l} '-' 12 12 C\j Q.. "' t; :;, \--. :::l ::j l'l '-w "l: Q. _",I")-w at,j ~ O~ot--: -..J "' -t::: Cj ~ ::: Cl '" 'U~,g.l.C.:i"a~ i? ""-- () \1) If) - 1lJ,'\JClIl' >< (:-<0<1:)<0 '" ~ '\J I:r- \-- .....'U(\,j \l} ~ l:J " " c., \~) I}\ "-' . "t:J o;u " / <CO Q <1) f / / I (" ) / / / v :5 I / I. ~~ (~ ~ / 1 , ",i,~ ~ I I I ~ '--: I I \ C)~C:: ;, t--... \1 l ~E3R ~ '~,: ~ \\1rc~~~f to(~~ ~ -- - 'Ir\~ \fI'I/Cii'cT! i \..1J i- \ 1''7 u "- ./ "'--. _-x '=L '? \ \ \ ~ "- '-0 n'---,-,J'./ lJ........ ,,---- -::;. :0 \ '}."J- :J "~.\ ~ a ~ \' 0 \ '\ ~-, /'.-" -'" : -\ j ~ .R z::. \ <::::J.- I\, \<"X~ \. ...i1;;7; ":L- ,,-\\. '-'0 r ~ ~S . ./ ~ \ \ "'''''.... C-<: "" o ~~' ~ \ \, <.-- ~ 2~ ~ '~ \ \ <:va U) ~ ~'~ \ \o~"" ,&,>~--\ '\--.. ~ "Z.>c... \, ''\G --.....U'--. \ \ () <:t" . (' ".. \ l() c:: GIS) .(,">", \ \'\V:"", I -:'1 c:::, \ I' '03' " ~: I L) \ 11'1\4 <0 """, I \ \N \ _:: "" \ \ 5' .' ;0.P'-\ ,<,;(1fI/ =0:: - r-'___/ . ',I \...9 "-l~ ~t, 1C) r>.: Q--t') \.Sl <:: & :1~ ~ . . t. Attachment C ALBEMARLE COUNTY CODE . c. Upon a determination that all requirements of the zoning ordinance are satisfied, and imposing all conditions of such approval required by the offices identified in subsection 5.1.42(j)(4)(a), the zoning administrator shall issue a zoning compliance clearance for one or more festivals. The zoning compliance clearance shall be conditional upon the owner's compliance with all requirements of the zoning ordinance, all conditions of the approved special use permit, the approved site plan, and all conditions imposed by the zoning compliance clearance; and d. The zoning administrator may issue a single zoning compliance clearance for two (2) or more festivals if: (i) the application submitted by the owner includes the required information for each festival to be covered by the zoning compliance clearance: (ii) the zoning administrator determines that each such festival is substantially similar in nature and size; and (iii) the zoning administrator determines that a single set of conditions that would apply to each such festival may be imposed with the zoning compliance clearance, (Ord. 05-18(7), 6-8-05) 5.2 HOME OCCUPATIONS 5,2,1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED . Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81) 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2, I The following regulations shall apply to any home occupation: a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; b, There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect one home occupation Class B sign as authorized by section 4,15 of this chapter. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair barber shops; . 18-5-22,8 Zoning Supplement #36,6,8,05 Df ALBEMARLE COUNTY CODE d, No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; . e, All home occupations shall comply with performance standards set forth in section 4.14; f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. 5.2.2,2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing regulations, (12-10-80, S 5,2.2; Ord, 01-18(3), 5-9-01) 5.2.3 CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of section 5,2,1 of this ordinance shall apply hereto, mutatis mutandis, 5.2.4 REVOCA nON The zoning administrator may revoke any clearance or pennit issued pursuant to this section, after hearing, for noncompliance with this ordinance or any condition imposed under the authority of this section, . 18-5-22,9 . Zoning Supplement #36, 6,8,05 . . l ~J GJ fIJ I at ! I . I- OJ: Ou C1:s 11)0 01- . O_ N ftS I A. C I .- 011. _E L_ o +-' C .. t::: <( . Attachment 0 CI) u c ~<.~.~ ~ .- . ."': t/) Q) a: -~ ~ ~~ .~ ~ .~,-- ~$%- ; , .",.., CU~ ;:;" U;. E o ~ -..h -l.bt n Attachment E r . j w " - . '. - ,'}:--';; ,.. ,.- -~ ~'J-. . ., 9~ ~ ,. . 11 'l:t 't t, -!;IIi. -~. "f, 'r . t. i ~ '.. (2 . SP 2005-004 Final Touch Tree Service LLC (Sign #73) - Request for a special use permit for a Home Occupation Class B for an office use to support a tree trimming business, in accordance with Section 10.2,2,31 of the Zoning Ordinance which allows for Home Occupations Class B in the RA (Rural Areas) by special use permit. The subject parcel described as Tax Map 7, Parcel 30, contains approximately 5 acres and is located at 2985 Shiffletts Mill Road (Route 687), approximately 1 mile west of its intersection with Free Union Road (Route 601). The property lies within the White Hall Magisterial District, is zoned RA (Rural Areas) and is in the area designated as Rural Areas 1 by the Comprehensive Plan. (Rebecca Ragsdale) . Ms, Ragsdale summarized the staff report. · This request is for a home occupation; class B, which is a special use permit. This request is to allow an office use to serve the Final Touch Tree Service business, but not include any other aspects of the tree service business, such as employees, equipment, equipment repair, customers and anything of that nature. · Basically, it is an office and a special use permit is required because the office is in a detached structure. Photographs were provided in the packet on handwritten page 11, · This property is located in the rural areas on Shiffletts Mill Road in the Free Union area of the County, It is fairly rural in character around the property, The Comprehensive Plan identifies this area as Rural Areas 1 and offers some guidelines as to how home occupations should be limited in scale and intensity so that they would not diminish character or quality of the rural areas, Staff feels that this home occupation is very low impact. It would potentially fall under some of those that might be preferable by right as indicated in a strategy in the Comprehensive Plan. There were no detrimental impacts to adjoining properties identified, · In the course of the review VDOT did identify a sight distance issue caused by vegetation, Staff recommends approval of this special use permit with conditions that address the sight distance issue, which would allow for this home occupation to take place in accordance with the information submitted. It would be limited to the building that is shown in the package. It is conditioned so that it could not potentially expand and include other aspects of the tree service business, Mr. Edgerton asked if any Commissioner had any questions for Ms, Ragsdale, Mr. Craddock questioned condition 1 regarding the limitation that the building could only go up to 412 square feet. Ms, Ragsdale stated that the building that they were using was 212 square feet in size. Based on the square footage of the residence, approximately 412 square feet would be allowed, In the past staff noticed that the Planning Commission typically likes to allow the applicant some flexibility. Therefore, she suggested 400 square feet as a number that was very close to what would be the limit of the 25 percent allowed in Section 5. That would allow the applicant some flexibility in case they wanted to make some modifications to it. Mr. Edgerton stated that since the special use permit would go with the property he was wondering why that condition should not be worded up to 25 percent of the residence as recommended in the ordinance, The applicant obviously qualifies with what they are applying for. . Ms, Ragsdale stated that she did not think it was necessary to include that language in the condition, but asked Mr. Kamptner to comment on it. Ms. Higgins stated that it was a moot point because the condition specifies that it shall be limited to the building labeled utility building. She asked what the total square footage was of that building. . Mr. Edgerton stated that building was 240 square feet. Ms. Higgins stated that the condition needs to say that it could be in another building or it is only for the footprint of that building, She felt that it does not matter if they put the 400 square feet because that exceeds the square footage of the building that it was isolated to, Mr. Edgerton stated that his question was since the special use permit goes with the land and is not specific to the owner, if at a later date somebody came and they needed more space rather than having to come back before the Commission that if they put an addition on that building that it would be limited up to the 25 percent of the residence. Ms, Higgins recalled the Commission having this same kind of conversation with the author. But, if someone came in and it changed hands and they doubled the size of the house, then that 25 percent would be 25 percent of the house and would be flexible, Therefore, she thought that they limited it with some flexibility within a number with the idea that they would come back if it ran with the property, She asked if it would have to come back if the use changes. Mr. Edgerton stated that he was not sure. Mr, Kamptner stated that this home occupation was for this particular type of home occupation, Mr. Edgerton stated that if it was any other business besides the tree service that they would have to come back, . Mr. Kamptner stated yes, because it was a different home occupation Ms. Higgins stated that she felt that the home occupation was just for an office. Mr, Edgerton stated that it was an office for a tree service. Ms. Joseph pointed out that the conditions were very specific regarding the tree materials and the equipment that was specific to a tree service. Mr, Kamptner stated that home occupations could be issued in more of a general nature such as just for offices, But, they are traditionally conditioned in a way that they are specific to a particular type of use, For example, furniture making would have a number of conditions that are specific to that type of activity. Mr. Cilimberg stated that as far as the square footage goes, the Commission usually uses square footage rather than the 25 percent of the structure because that can vary over time based on structural change and it is also more difficult for the zoning administrator to enforce than having an actual square footage listed, There being no further questions for staff, Mr. Edgerton invited the applicant to come forward and address the Commission on this application. Kim Umstadter stated that she and her husband own the property, She pointed out that her husband owns Final Touch Tree Service, but she was the only person who uses that structure to carry out the bookkeeping and other day to day business. She stated that no customers would be coming to the site, The main reason for the application is so that . 2 . they will be in compliance with the Zoning Ordinance. They were unaware that they had to have a special use permit to have their office in a separate structure, The only reason that the business was in a separate structure was that when they moved here twelve years ago the building was already in existence and the house was about 800 square feet. Therefore, there was no room for their office in the house. Now their house is bigger, but they moved the office so they would have extra space in the house, Mr, Edgerton asked if there were any questions for Ms. Umstadter. There being none, he asked if there was any member of the public that would like to address the Commission on this application. There being none, he closed the public hearing to bring the matter back before the Commission for consideration, Ms. Higgins moved for approval of SP-2005-004, Final Touch Tree Service LLC, with the conditions recommended in the staff report. 1, Structures used for this home occupation shall not exceed 400 square feet in size and shall be limited to the building labeled "Util Bldg" on the physical survey plat of the property dated July 17, 1996. (Attachment B) 2. No tree service equipment or materials shall be stored on the property. 3, No customers of the tree service business shall visit the site. 4. Prior to the issuance of a Zoning Clearance for the home occupation class B, the applicant shall provide sight distance at the entrance/exit to the property onto Shifflett's Mill Road (Route 687) to the satisfaction of the Virginia Department of Transportation. Mr. Thomas seconded the motion. . The motion carried by a vote of (5:0), (Rieley, Morris - Absent) Mr. Edgerton stated that SP-2005-004 would go to the Board of Supervisors on August 10 with a recommendation for approval. . 3 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON __ ...: =- _" = m~~ ...:: ~'. .,._".~~,... ...--.. ""~"-~,,,,,,,---------,~--_.- The following guidelines will be used for this public hearing: EACH SPEAKER IS AllOTTED 3 MINUTES. INDIVIDUALS CANNOT RELINQUISH THEIR 3 MINUTES TO ANOTHER SPEAKER. INDIVIDUALS CAN ONLY SIGN UP ONE PERSON TO SPEAK. PLEASE GIVE ANY WRITTEN STATEMENTS TO THE CLERK. NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional) 1 ~ ~ ( V (;:-..5:,. -;3lh r ~ 333 'fvy'~ t2d, c:.T5-) 2 gLj 2 "J 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 My name is Pat Earle and I live in Dunlora, I'd like to express my concerns about THE model plan under which Belvedere is being developed. And while I commend you for trying to come up with ways to ease our ever increasing traffic problems, I believe your emphasis on interconnectivity is misplaced. Residents in established neighborhoods within the urban ring are upset with this concept and they have a right to be. It's one thing to connect newly developing subdivisions where the homeowners know before hand that they are purchasing on a street designed to handle high volume traffic and where connecting them to another newly developing neighborhood could provide an workable alternative to getting to and around town, But it's an entirely different matter to connect established neighborhoods where people purchased their homes largely because they wanted limited access both for traffic and '('r"/ security reasons and where their roads were designed)limited traffic only. Your proposed "interconnectivity", therefore, destroys the very feature they desired and in doing so decreases theMi value of their property. And while interconnectivity may facilitate getting from point A to point B within residential neighborhoods, in most cases it only worsens the problem of getting out to aeOe8:3 schools, shopping, employment etc. This is particularly true of subdivisions along East Rio rd . What is needed are transportation corridors designed to take a high volume traffic, like the Meadowcreek Parkway which some far thinking government 3~.' officials recommended over 4e years ago. And once that is built, would there be any need to adversely effect these neighborhood by connecting them? I don't think so and I think most would agree with me.. Dala: ,::t:CEIVED AT 80S MEETING ~."7' ()~ /5' ,Agenda l1em #: :'s !ni1i,als:, _~J:J!J1.._ I believe there are also other inherent problems with the model plan.... mainly that as proposed it drives up the cost of individual housing units which seems to me to be counterproductive to your stated desire to provide more affordable housing. Another problem I see is that it may have limited appeal among homebuyers and therefore could do more to encourage growth in the rural areas than in the urban ring - another unintended consequence, I am sure. So I urge you to reconsider having the current model plan be the!!.!!h: acceptable plan for development within the urban ring. ~/1r ce t:..-/l I (, (A.. OFFICE OF THE COMMONWEALTH'S ATTORNEY for the COUNTY OF ALBEMARLE JAMES L. C.AMBLOS. III August 1,2005 RICHARD E, MOORE COM:vIO:\WEALTIrS ATTORNEY DEPUTY PHONE: (43'~) 972A072 FAX: (434) 972-4093 DARBY G. LOWE RICHARD A. DELORIA CYNTHIA R. MURRAY ASS ISTANTS Mr. Dennis S. Rooker, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902 Re: Annual Salary Adjustments Dear Mr. Rooker: We are writing to request that the Board of Supervisors adjust the salary of the Sheriff and the Commonwealth's Attorney annually using the same formula that is used to adjust the salaries of the Board of Supervisors and some county employees. First we want to make it very clear that we are thankful for everything you have done for our offices financially over the past years. The staff in each of our offices is very appreciative of being included in the County pay plan. As you are well aware, Constitutional officers themselves cannot be part of the same plan because of the difficulty in doing an evaluation on an elected official. Not having an annual adjustment to compensate for this, for the two of us, would cause us to fall behind financially each year. We appreciate your consideration of this request. If you would like us to appear before the Board to discuss this matter, we would be very happy to do so, Very truly yours, Very truly yours, j~ James L Camblos III ~~t~~ cc: Robert W. Tucker Jr. 410 EAST HIGH STREET. CHARLOTTESVILLE. VIRGINIA 22902 Gresham and Carla Sykes 2197 Shepherds Ridge Road Charlottesville, VA 22901 3 August 2005 David P. Bowerman Albemarle County Board of Supervisors 401 Mcintire Road Charlottesville, VA 22902 Dear Mr. Bowerman, We understand that the Board of Supervisors, at their meeting next week, will consider an application from STONEHAUS developers for a zoning change to allow construction of their planned Belvedere Station housing development in the Rio District of the County. This application does not have the recommendation of the Planning Commission and we sincerely hope that the Board will carefully consider the grounds on which the Commission denied its recommendation. As potential neighbors of Belvedere, we have followed closely the progress of the STONEHAUS application and have had many concerns about the effect of this development on our new Dun/ora area of River Crest. River Crest was developed by STONEHAUS and during the two years or so that we have lived here, we have observed several serious--and uncorrected-- problems of drainage and erosion resulting from poor planning and we fear that development of the slope behind our properties could lead to even greater problems, both for our properties and for Belvedere. In additon, the matter of inadequate access to Belvedere (cited by the Planning Commission) is troubling to us since the developer could use our streets as a source of additional access, thus creating traffic problems for what is now a quiet residential district. As the Planning Commission noted, there are also elements in the STONEHAUS plan which do not conform to the County's rules for new neigborhood developments. We urge you to take these issues into consideration when voting for or against the request for rezoning. Very truly yours, ~~ ~ '----:;> ~ ~l~ /~I }J~ ~ Mr. a~ Mrs. G.'. Sykes \ copies to: Lindsey G. Dorrier, Jr. VOennis S. Rooker Sally H. Thomas DDavid C. Wyant Kenneth C. Boyd