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HomeMy WebLinkAbout2007-01-03 BOARD OF SUPERVISORS FINAL JANUARY 3, 2007 9:00 A.M., AUDITORIUM COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. Annual OrQanization 4. Election of Chairman. 5. Election of Vice-Chairman. 6. Appointment of Clerk and Senior Deputy Clerk. 7. Set Meeting Times, Dates and Places for Calendar Year 2007. 8. Set Dates for Hearing Zoning Text Amendments Requested by Citizens. 9. Rules of Procedure, Adoption of. 10. Boards and Commissions Policy, Adoption of. ReQular AQenda 11. From the Public: Matters Not Listed for Public Hearing on the Agenda. 12. Consent Agenda (on next sheet). 13. 10:00 a.m. - Transportation Matters. a. Work Session: 2007/08-2012/13 Six Year Secondary Road Plan. b. VDOT Monthly Report. c. Transportation Matters not Listed on the Agenda. d. Sun Ridge Road Improvement Project (RIP 99-001). 11 :00 a.m. - Recess 14. 11:10 a.m. - Update on Podcasting Program. 15. 11 :25 a.m. - Pantops Community Advisory Council Guidelines. 16. 11 :45 a.m. - County Attorney's Office Position Request. 17. 12:00 noon - Report on Proffer Management Program. 18. 12:15 p.m. - Closed Session. 19. Certify Closed Session. 20. Boards and Commissions: a. Vacancies/Appointments. Reconvene at 2:00 p.m. 21. Public Hearing: Proposed FY 2007 Budget Amendment. 22. 2:20 p.m. - Discussion: Water Protection Ordinance (WPO) Amendment - Illicit Discharge Detection and Elimination. 23. 2:40 p.m. - Discussion: Potential Revenue - Route 29 North Service District. 24. 3:00 p.m. - Discussion: Community Development Work Program. 25. 3:30 p.m. - Discussion: Guidelines for Growth in the Development Areas (Part 2). 26. From the Board: Committee Reports and Matters Not Listed on the Agenda. 27. Adjourn to January 10, 2007, 2:00 p.m., Auditorium. CONSENT AGENDA FOR APPROVAL: 12.1 Adoption of revisions to County Grievance Procedure and Sexual Harassment Policy. 12.2 Value Engineering in future CIP projects. 12.3 Resolution of Support - Lewis and Clark Enhancement Grant Application. FOR INFORMATION: 12.4 Copy of Albemarle County Service Authority's Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2006. 12.5 Board to Board, Communications report of activities from the Albemarle County School Board, datecJ January 3, 2007. ACTIONS Board of Supervisors Meeting of January 3, 2007 January 5, 2007 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 9:00 a.m. by the County Executive, Mr. Tucker. All BOS members were present. Also present were Larry Davis, Ella Carey and Meaqan Hoy. 4. Election of Chairman. . ELECTED Kenneth C. Boyd for Calendar Year 2007. 5. Election of Vice-Chairman. . ELECTED David C. Wyant for Calendar Year 2007. 6. Appointment of Clerk. . REAPPOINTED Ella Carey as Clerk and APPOINTED Meagan Hoy as Senior Deputy Clerk for Calendar Year 2007. 7. Set Meeting Times, Dates and Places for Calendar Clerk: Advertise in The Daily Proqress and Year 2007. post notice on door of Lane Auditorium. . SET as follows: first Wednesday of the month at 9:00 a.m., second Wednesday of the month at 6:00 p.m., with meetings to be held in the County Office Building on Mcintire Road. Since July 4,2007 is a holiday, the meeting dates in July are: July 11 - 9:00 a.m., and July 18 - 6:00 p.m. Due to holiday schedule, the meeting dates for January 2008 are: January 9 - 9:00 a.m., and January 16 - 6:00 p.m. 8. Set Dates for Hearing Zoning Text Amendments Clerk: Advertise in The Daily Proqress as Requested by Citizens. required by Section 33.10.2 of the Zoning . SET as follows: September 12 and December Ordinance. 12, 2007 and March 12, and June 11, 2008. 9. Rules of Procedures, Adoption of. Clerk: Forward copy to County Attorney, . ADOPTED as amended at meeting. Planning and Community Development. (Attachment 1) 10. Boards and Commission Policy, Adoption of. (Attachment 2) . ADOPTED as amended. 11 . From the Public: Matters Not Listed on the Agenda. . John Martin expressed concern that the public had not been given sufficient notice to respond to the Board's intent to join the Chamber of Commerce, and the establishment of an Economic Opportunity Fund. These items are part of the public hearing for Agenda Item #21. . Nuala Tobin. of Northfields Road, owner of two lots on Sun Ridge Road, urged the Board to take action on the road improvement project (Item #13d) so that homes can be built on these lots. . Jeff Werner, of PEC, provided a handout to the Board and spoke about the importance of the proposed Mountain Protection Ordinance. 12.1 Adoption of revisions to County Grievance Clerk: Forward copy of resolutions to Procedure and Sexual Harassment Policy. Human Resources and County Attorney's . ADOPTED the attached Resolutions which will office for further distribution. approve the proposed changes to Personnel (Attachments 3 and 4) Policy P-03 and P-21. 12.2 Value Engineering in future CIP projects. Tom Foley/Georq Shadman: Proceed as . APPROVED the use of value engineering as an directed. established component of the construction process for all County local government proiects. 12.3 Resolution of Support - Lewis and Clark Clerk: Schedule on January 10tr agenda. Enhancement Grant Application. . DEFERRED to January 10, 2007. 13a. Work Session: 2007/08-2012/13 Six Year Clerk: Advertise public hearing for February Secondary Road Plan. ~ . SET public hearing on the County Priority List of Road Improvements and the VDOT Six Year Secondary Road Improvement Program for February 14, 2007. 13b. VDOT Monthly Report for December 2005. . RECEIVED. 13c. Transportation Matters not Listed on the Agenda. Clerk: Forward comments to VDOT. Allan Sumpter: . VDoT will be looking at signal synchronization throughout the area. David Wyant: . Mentioned that a section on White Mountain Road, on top of the hill, is eroding. Sally Thomas: . A constituent of Bellair suggested that the sign "to 1-64" be changed to a straight ahead arrow, and an arrow be added to the right when you get to 1-64 so there will be less traffic in that neighborhood. . There is a state program being used in some areas where parolees are assigned sections of road to keep clean as a condition of parole. She asked that VDoT research to see if this program is working in other localities. Dennis Rooker: . There is a pot hole in the center of Route 29 and Hydraulic Road. . Along Dominion Drive, close to Whole Foods, there is an area of the road that is eroding away. . A church is being built with an entrance off of Roslyn Ridge Road, at the corner of Hydraulic Road and Roslyn Ridge Road. The work is creating substantial destruction of pavement where equipment is entering and exiting on a daily basis. He asked VDoT to speak with the contractor to ensure the road is repaved at the end of construction. Mr. Sumpter advised that permit staff will be inspecting the area on a reqular basis. 13d. Sun Ridge Road Improvement Project (RIP 99- Clerk: Schedule on next agenda when ready to 001 ). come back to Board. . DIRECTED staff to bring back to the Board, as soon as possible, a cost estimate and a feasibilitv assessment of how they can qet 2 access to the three lots and adequately address the drainage problems. The Board recessed at 11 :56 and reconvened at 12:06 p.m. 14. Update on Podcasting Program. Lee Catlin: Proceed as directed. . AUTHORIZED continuance of the podcasting program and expanded to provide the ability to chunk discrete agenda items and that the equipment necessary to have the capability to podcast events outside of the Board meetings be obtained. DIRECTED staff to look at video streaming opportunities with both the City and with a cable franchise. 15. Pantops Community Advisory Council Guidelines. Lee Catlin: Notify Clerk when ready to . SUPPORTED the proposed guidelines for the advertise for membership. Pantops Community Advisory Council. SUGGESTED that someone from the Crozet Community Advisory Council serve on this Council to share input since they have been through the process. The Board would also like to see an evaluation point of the committee to see if it is still needed, or if needed in a different way. 16. County Attorney's Office Position Request. County Attorney: Proceed as approved. . APPROVED the County Attorney's Office Paralegal position request. 17. Report on Proffer Management Program. . RECEIVED 18. Closed Session. Personnel and Legal Matters. . At 1 :00 p.m., the Board went into closed session to consider appointments to boards, committees, and commissions. 19. Certified Close Session. . At 2:00 p.m., the Board reconvened into open session and certified the closed session. 20. Boards and Commissions: Appointments. Clerk: Prepare appointmenUreappointment . APPOINTED Steve Elliott to the Thomas letters, update Boards and Commissions book, Jefferson Emergency Medical Services Council webpage, and notify appropriate persons. with said to expire January 1, 2010. . REAPPOINTED Scott Goodman to the Industrial Authority with said term to expire January 19, 2011. . REAPPOINTED Leonard Winslow to the Housing Committee with said term to expire December 31,2009. . APPOINTED Deborah Van Eersel to the Housing Committee, to fill the unexpired term of James P. Fitzgerald, with said term to expire December 31,2008. . REAPPOINTED C. Marshall Thompson to the Equalization Board to represent the Rio District with said term to expire December 31,2007. . REAPPOINTED Betty Black the Community Mobility Committee with said term to expire January 12, 2009. . APPOINTED William Jackson to the Jordon Development Corporation with said term to expire August 13, 2007. 3 . REAPPOINTED Chief Miller to the James River Alcohol Safety Action Program with said term to expire January 1, 2010. 21. FY 2007 Budget Amendment. Clerk: Forward signed appropriation ':orms to . APPROVED FY 2007 Budget Amendment in Finance, OMB, and copy appropriate the amount of $776,771.50. individuals. . APPROVED FY 2007 Appropriations #2007042,#2007044,#2007045, #2007047,#2007048, and #2007049. 21. FY 2007 Budget Amendment. Clerk: Forward signed appropriation forms to . APPROVED, by a vote of 4:2, FY 2007 Finance, OMB, and copy appropriate Appropriation #2007043. individuals. 21. FY 2007 Budget Amendment Clerk: Forward signed appropriation forms to . APPROVED, by a vote of 4:2, FY 2007 Finance, OMB, and copy appropriate Appropriation #2007046. individuals. 22. Water Protection Ordinance (WPO) Amendment- Clerk: Advertise public hearing for February 14, Illicit Discharge Detection and Elimination. 2007. . SET the proposed ordinance for public hearinq. 23. Potential Revenue - Route 29 North Service Tom Foley: Proceed as directed. District. . DIRECTED staff to come back with additional information on how much revenue would be generated from a service district that included all nonresidential area in all of the qrowth areas. 24. Community Development Work Program. Tom Foley/Mark Graham: Proceed a.s directed. . DIRECTED staff to bring back for further Notify Clerk when ready to reschedule on discussion. Board's agenda. 25. Guidelines for Growth in the Development Areas Wayne Cilimberq/Mark Graham: Proceed as (Part 2). directed. . DIRECTED, by a vote of 4:2, that Master Planning should establish priority areas for land use decisions within each Development Area. 26. From the Board: From the Board: Committee Reports and Matters Not Listed on the Agenda. Sally Thomas: . She was appointed to the Transportation Accountability Commission, and invited Board members to give her any input. Dennis Rooker: . Asked staff to provide information on the Safe Wayne Cilimberq: Follow up on information. Routes to School Grant Application to all Board members; there are two in the County. Mr. Cilimberq said he would follow up. 27. Adjourn to January 10, 2007, 2:00 p.m. . The meeting was adjourned at 6:48 p.m., to January 10, 2007, 2:00 p.m. /ewc Attachment 1 - Rules of Procedures Attachment 2 - Boards and Commissions Policy Attachment 3 - Personnel Policy P-03, Employee Grievance Procedure Attachment 4 - Personnel Policy P-21, Sexual Harassment 4 ATTACHMENT 1 RULES OF PROCEDURE ALBEMARLE BOARD OF COUNTY SUPERVISORS A. Officers 1. Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall preside at such meeting and at all other meetings during the year for which elected. In addition to being presiding officer, the Chairman shall be the head official for all the Board's official functions and for ceremonial purposes. He shall have a vote but no veto. (Virginia Code Sections 15.2-1422 and 15.2-1423) 2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if present, shall preside at meetings in the absence of the Chairman and shall discharge the duties of the Chairman during his absence or disability. (Virginia Code Section 15.2-1422) 3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but either or both may be re-elected for one or more additional terms. (Virginia Code Section 15.2-1422) 4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are absent from any meeting, a present member shall be chosen to act as Chairman. B. Clerk and Deputy Clerks The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia Code Section 15. 2-1539 and such additional duties set forth in resolutions of the Board as adopted from time to time. (Virginia Code Section 15.2-1416) C. Meetings 1. Annual Meeting. The first meeting in January held after the newly elected members of the Board shall have qualified, and the first meeting held in January of each succeeding year, shall be known as the annual meeting. At such annual meeting, the Board shall establish the days, times, and places for regular meetings of the Board for that year. (Virginia Code Section 15.2-1416) 2. Regular Meetings. The Board shall meet in regular session on such day or days as has been established at the annual meeting. The Board may subsequently establish different days, times, or places for such regular meetings by passing a resolution to that effect in accord with Virginia Code Section 15.2-1416. If any day established as a regular meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on the next regular business day without action of any kind by the Board. (Virginia Code Section 15.2-1416) If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members to attend a regular meeting, such meeting shall be continued to the next regular meeting date. Such finding shall be communicated to the members of the Board and to the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement shall be required. (Virginia Code Section 15.2-1416) 5 Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business of the Board is complete. (Virginia Code Section 15.2-1416) 3. Special Meetings. The Board may hold special meetings as it deems necessary at such times and places as it deems convenient. A special meeting may be adjourned from time to time as the Board finds necessary and convenient. (Virginia Code Section 15.2-1417) A special meeting shall be held when called by the Chairman or requested by two or more members of the Board. The call or request shall be made to the Clerk of the Board and shall specify the matters to be considered at the meeting. Upon receipt of such call or request, the Clerk, after consultation with the Chairman, shall immediately notify each member of the Board, the County Executive, and the County Attorney. The notice shall be in writing and delivered to the person or to his place of residence or business. The notice shall state the time and place of the meeting and shall specify the matters to be considered. No matter not specified in the notice shall be considered at such meeting unless all members are present. The notice may be waived if all members are present at the special meeting or if all members sign a waiver for the notice. (Virgin a Code Section 15.2-1418) The Clerk shall notify the general news media of the time and place of such special meeting and the matters to be considered. D. Order of Business The Clerk of the Board shall establish the agenda for all meetings in consultation with the Chairman. The first two items on the agenda for each regular meeting of the Board shall be the Pledge of Allegiance and a moment for silent meditation. The procedures for receiving comment from the public for matters not on the agenda shall be at the discretion of the Board. Unless otherwise decided, individuals will be allowed a three-minute time limit in which to speak during the time set aside on the agenda for "From the Public: Matters Not Listed for Public Hearing on the Agenda". Zoning applications advertised for public hearing shall be on the agenda for public hearing on the advertised date unless the applicant submits a signed written deferral request to the Clerk of the Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The first request for a deferral will be granted administratively by the Clerk. The Board will be notified of the deferral in the next Board package and the deferral will be announced at the earliest possible Board meeting to alert the public of the deferral. Any request received later than the Wednesday deadline and any subsequent request for a deferral for the same application previously deferred will be granted only at the discretion of the Board by a majority vote. The deferral shall not be granted unless the Board determines that the reason for the deferral justifies the likely inconvenience to the public caused by the deferral. The staff will make every effort to alert the public when a deferral is granted. It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two business days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final lTlaterials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted lTlaterials 6 after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interes': or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine calendar days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. E. Quorum A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If during a meeting less than a majority of the Board remains present, no action can be taken except to adjourn the meeting. If prior to adjournment the quorum is again established, the meeting shall continue. (Virginia Code Section 15.2-1415) A majority of the members of the Board present at the time and place established for any regular or special meeting shall constitute a quorum for the purpose of adjourning such meeting fmm day to day or from time to time, but not beyond the time fixed for the next regular meeting. F. Voting Procedures 1. Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by approval of a majority of the members present and voting on a motion properly made by a member and seconded by another member. Any motion that is not seconded shall not be further considered. The vote on the motion shall be by a voice vote. The Clerk shall record the name of each member voting and how he voted on the motion. If any ;nember abstains from voting on any motion, he shall state his abstention. The abstentiol will be announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the motion voted upon. (Article VII, Section 7, Virginia Constitution) 2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected members of the Board shall be required to approve an ordinance or resolution (1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing the borrowing of money. (Virginia Code Section 15.2-1428) 3. Public Hearings. The Board shall not decide any matter before the Board requiring a public hearing until the public hearing has been held. The Board may, however, at its discretion, defer or continue the holding of a public hearing or consideration of such matter. The procedures for receiving comment from the applicant and the public for public hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant shall be permitted no more than ten minutes to present its application. Following the applicant's presentation, any member of the public shall be permitted no more than three minutes to present public comment. Speakers are limited to one appearance at any public hearing. Following the public comments, the applicant shall be permitted no more than five minutes for a rebuttal presentation. 4. Motion to Amend. A motion to amend a motion before the Board, properly seconded, shall be discussed and voted by the Board before any vote is taken on the original motion unless the motion to amend is accepted by both the members making and seconding the original motion. If the motion to amend is approved, the amended motion is then before the Board for its consideration. If the motion to amend is not approved, the original motion is again before the Board for its consideration. 5. Previous Question. Discussion of any motion may be terminated by any member moving the "previous question". Upon a proper second, the Chairman shall call for a vote on the motion of the previous question. If approved by a majority of those voting, the Chairman shall immediately call for a vote on the original motion under consideration. A motion of 7 the previous question shall not be subject to debate and shall take precedence over any other matter. 6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion to reconsider is made at the same meeting or an adjourned meeting held on:he same day at which the matter was decided. The motion to reconsider may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to reconsider, if approved, shall be to place the matter for discussion in the exact position it occupied before it was voted upon. 7. Motion to Rescind. Any decision made by the Board, except for zoning map amendments, special use permit decisions, and ordinances, (these exceptions shall only be subject to reconsideration as provided above) may be rescinded by a majority vote of all elected members of the Board. The motion to rescind may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to rescind, if approved, is to nullify the previous decision of the Board. Zoning map amendments, special use permit decisions and ordinances may be rescinded or repealed only upon meeting all the legal requirements necessary for taking action on such matters as if it were a new matter before the Board for consideration. G. Amendment of Rules of Procedure These Rules of Procedure may be amended by a majority vote of the Board at the next regular meeting following a regular meeting at which notice of the motion to amend is given. H. Suspension of Rules of Procedure These Rules of Procedure may be suspended by the majority vote of the Board members present and voting. The motion to suspend a rule may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided, however, approval of a motion to suspend the rule shall not permit the Board to act in violation of a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other applicable law. I. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by Robert's Rules of Order. ***** (Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80; 1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93; 1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5- 2005; 1-4-2006; 1-3-2007). 8 ATTACHMENT 2 ALBEMARLE COUNTY BOARD OF SUPERVISORS POLICY FOR BOARDS AND COMMISSIONS A. CREATION OF NEW BOARDS AND COMMISSIONS 1. On an annual basis the list of active boards and commissions will be purged of all bodies not required by Federal, State, County or other regulations, which have not met at least once during the prior twelve-month period. 2. Whenever possible and appropriate, the functions and activities of boards and commissions will be combined, rather than encouraging the creation of new bodies. 3. Any newly created task force or ad hoc committee which is intended to serve for a limited time period may be comprised of magisterial or at-large members at the discretion of the Board of Supervisors. The appointment process shall follow that adopted in Section B for other magisterial and/or at-large positions. B. APPOINTMENTS TO BOARDS AND COMMISSIONS 1. All appointments to boards and commissions based upon magisterial district boundaries will be made by the members of the Board of Supervisors. All magisterial positions will be advertised. At the discretion of the supervisor of that district, selected applicants may be interviewed for the position. 2. Prior to each day Board meeting, the Clerk will provide the Board a list of expired terms and vacancies that will occur within the next sixty days. The Board will then advise the Clerk which vacancies to advertise. 3. In an effort to reach as many citizens as possible, notice of boards and commissions with appointment positions available will be published through available venues, such as, but not limited to, the County's website, A-mail, public service announcements and local newspapers. Interestec citizens will be provided a brief description of the duties and functions of each board, length of term of the appointment, frequency of meetings, and qualifications necessary to fill the position. An explanation of the appointment process for both magisterial and at-large appointments will also be sent to all applicants. 4. All interested applicants will have a minimum of thirty days from the date of the first notice to complete and return to the Clerk of the Board of Supervisors a detailed application, with the understanding that such application may be released to the public, if requested. No applications will be accepted if they are postmarked after the advertised deadline, however, the Board, at its discretion, may extend the deadline. 5. Once the deadline for accepting applications is reached, the Clerk will distl"ibute all applications received to the members of the Board of Supervisors prior to the day meeting for their review. For magisterial appointments, the Clerk will forward applications as they are received to the supervisor of that district who will then recommend his/her appointment. 6. From the pool of qualified candidates, the Board of Supervisors, at their discretion, may make an appointment without conducting an interview, or may select applicants to interview for the vacant positions. The Clerk will then schedule interviews with applicants to be held during the next day meeting. For magisterial appointments, the decision to interview selected candidates will be determined by the supervisor of that district. 7. All efforts will be made to interview selected applicants and make appointments within ninety days after the application deadline. For designated agency appointments to boards and 9 commissions, the agency will be asked to recommend a person for appointment by the Board of Supervisors. 8. All vacancies will be filled as they occur. 9. All incumbents will be allowed to serve on a board or commission without his/her position being readvertised unless, based on attendance and performance, the chairman of the body or a member of the Board of Supervisors requests the Board of Supervisors to do otherwise. 10. As a condition to assuming office all citizen members of boards and commissions shall file a real estate disclosure form as set forth in the State and Local Government Conflict of Interests Act and thereafter shall file such form annually on or before January 15. 11. If a member of a board or commission does not participate in at least fifty percent of a board's or commission's meetings, the chairman of the body may request the Board of Supervisors terminate the appointment and refill it during the next scheduled advertising period. C. ADOPTION This policy shall be reviewed and readopted by the Board of Supervisors in January. (Amended and/or Readopted 01-07-98; 02-12-2005; 01-04-2006; 01-03-2007) 10 ATTACHMENT 3 RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the grievance procedure for County employees; and WHEREAS, the 2006 General Assembly granted Albemarle County enabling authority to establish an administrative hearing officer format for grievance hearings; and WHEREAS, the Board desires to implement the hearing officer format and make other appropriate updates and modifications. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-03, Employee Grievance Procedure, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3, 2007. ********** ALBEMARLE COUNTY PERSONNEL POLICY Employee Grievance Procedure Policy Policy Number: P-03 Date Adopted: January 3, 2007 I. Objective The purpose of the Albemarle County Grievance Procedure is to afford an immediate and impartial method for the resolution of disputes that may arise between the County government and employees in County service. II. Coverage of Grievance Procedure A. This procedure applies to all non-probationary employees in regular full-time and regular part- time positions in: 1. Albemarle County Local Government; 2. The Department of Social Services of Albemarle County, in accordance with Virginia Code ~ 15.2-1507(A)(4); 3. The Charlottesville-Albemarle-University of Virginia Emergency Communications Center; and 4. The Commission on Children and Families. B. This procedure shall not apply to the following employees: 1. Appointees of the Board of Supervisors; 2. Officials and employees who by law serve at the will or pleasure of the Board of Supervisors or the County Executive; 3. Deputies and Assistants to the County Executive; 4. Department and agency heads; 5. Employees whose terms of employment are limited by law; 6. Employees in temporary, on-call or seasonal positions; 7. Probationary employees; 8. Any law enforcement officer whose grievance is subject to the provisions of the Law Enforcement Officers Procedural Guarantee Act, Virginia Code ~ 9.1-500 et seq., and who has elected to proceed pursuant to such provisions in the resolution of his of her grievance; or 11 9. Any other employee who elects to proceed pursuant to any other existing procedure in the resolution of his of her grievance. C. The County Executive or his designee shall determine the officers and employees excluded from the grievance procedure, pursuant to section II(B) above, and shall be responsible for maintaining an up-to-date list of the affected positions (See Appendix to the Grievance Procedure, Positions Not Covered by the Grievance Procedure). 11/. Definitions County Attorney shall mean either the County Attorney or his designee. County Executive shall mean either the County Executive or his designee. Grievance shall mean a complaint or dispute by an employee eligible to use this procedure relating to his or her employment, including but not limited to: (a) disciplinary actions, including dismissals, demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (b) the application of personnel policies, procedures, rules and regulations; (c) acts of retaliation as the result of using the grievance procedure or of participation in the grievance of another Albemarle County employee; (d) acts of retaliation because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (e) complaints of discrimination on the basis of race, gender, religion, political affiliation, age, disability or national origin. Grievant shall mean an eligible employee who has filed a complaint under this procedure. Human Resources Director shall mean either the Human Resources Director or his designee. Management shall mean the Board of Supervisors and its designees who establish policy for Albemarle County. IV. Management Responsibilities Management retains the exclusive right to manage the affairs and operations of County government. Accordingly, the following complaints are nongrievable: (a) establishment and revision of wages or salaries, position classification or general benefits; (b) work activity accepted by the employee as a condition of employment or work actiVity which may reasonably be expected to be a part of the job content; (c) the contents of ordinances, statutes or established personnel policies, procedures, ,ules and regulations; (d) failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; (e) the methods, means and personnel by which or by whom work activities are to be carried out; (f) termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force, or job abolition, except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance; (g) the hiring, promotion, transfer, assignment and retention of employees within the County; and 12 (h) the relief of employees from duties of the County in emergencies. In any grievance brought under the exception to Section IV(f) above, the County's action shall be upheld upon a showing by the County that: (i) there was a valid business reason for the action, and (ii) the employee was notified of the reason in writing prior to the effective date of the action. V. Human Resources Department Responsibilities The County Human Resources Department ("Human Resources") shall serve as an impartial administrator of this process. Upon the filing of a grievance, Human Resources shall do the following: (a) open a file and assign a number to the grievance; (b) ensure that all parties are aware of the process; (c) provide access to and copies of grievance forms; (d) monitor procedures and time frames; (e) notify either party of noncompliance; (f) be informed of the status of the grievance by both parties at each step; (g) maintain appropriate documentation; and (h) perform all other responsibilities as specified in this Procedure. VI. Grievance Procedure Generally A. For purposes of this procedure, "days" shall be defined as calendar days and time periods shall begin to run on the day following that on which any action is taken or report rendered, without regard to weekends or County-observed holidays. If a time period specified in this procedure ends on a weekend or holiday, the last day of the time period shall be the end of the first business day following the weekend or holiday. For example, a written grievance under Step 1 must be presented to the grievant's immediate supervisor within five (5) days of the supervisor's verbal reply to the informal grievance. The five (5) days shall begin to run on the day after receipt of the supervisor's verbal reply and shall terminate on the fifth day following. If the fifth day is a weekend or holiday, the time period shall terminate at the end of the next full business day. B. Time limits established under this procedure are intended to be strictly construed and enforced. However, in the interests of fairness, such time limits may be extended if both parties agree to such extensions in writing. C. All stages of this procedure beyond Step 1 shall be reduced to writing on forms supplied by Human Resources. At Step 3 and above, the grievant may, at his option, choose to have a representative of his choice, including legal counsel. If the grievant is represented by legal counselor other person(s), the County likewise has the option of being represented by legal counsel, provided that a person may not serve as both a witness and a representative at any Step under this procedure. D. The grievant shall bear any and all costs involved in employing representation and preparing his case at all steps of this procedure, including but not limited to attorneys' fees and expenses and any costs of judicial filings or appeals. E. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of this procedure, without just cause, shall result in a decision in favor of the other party on any grievable issue, provided that the noncomplying party fails to correct the noncompliance within five (5) days of receipt of written notification by the other party of the compliance violation. However, the right of the grievant to correct compliance violations shall not apply to any determinations under Steps 1 through 3, or to grievability determinations, provided that the grievant has previously received written notice of the applicable deadlines for appealing such determinations at the time the determination was rendered but has failed to respond in a timely fashion. F. The County Executive may require a clear written explanation of the basis for any requests for just cause extensions or exceptions, and shall determine all compliance issues. Such 13 determinations by the County Executive are subject to appeal by the grievant by filing a petition with the Circuit Court of Albemarle County within thirty (30) days of the compliance determination. The grievant shall be solely responsible for filing such petition. VII. Grievability A. The County Executive retains sole authority to render decisions regarding grievability, including the question of access to this procedure. In the event that a question regarding grievability arises at any stage of this procedure, the County Executive shall be notified by Human Resources so that a proper decision regarding grievability can be made. A copy of the County Executive s decision concerning grievability shall be sent to the grievant, to the department head and/or immediate supervisor and to Human Resources. B. Decisions by the County Executive that an issue or complaint is not grievable may be appealed by the grievant to the Circuit Court of Albemarle County for a hearing de novo on the issue of grievability as provided in Virginia Code ~ 15.2-1507(A)(9). Proceedings for the review of the County Executive's decision regarding grievability shall be instituted by filing a notice of appeal with the County Executive within ten (10) days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten (10) days thereafter, the County Executive shall transmit to the Clerk of the Circuit Court of Albemarle County a copy of his decision, a copy of the notice of appeal, and any exhibits that may have been provided in connection with the resolution of the issue of grievability. A list of the evidence furnished to the court shall also be furnished to the grievant. C. The failure of the County Executive to transmit the record shall not prejudice the rights of the grievant. If the County Executive fails to transmit the record within the time required, the Circuit Court, on motion of the grievant, may issue a writ of certiorari requiring the County Executive to transmit the record on or before a certain date. D. Within thirty (30) days of receipt of such records by the clerk, the Circuit Court, sitting without a jury, shall hear the appeal on the record transmitted by the County Executive and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm, reverse or modify the decision of the County Executive. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. E. The issue of grievability may be raised at any step of the Grievance Procedure prior to the hearing officer hearing provided in Section XII of this procedure, or it shall be deemed waived by all parties. Once raised, the issue shall be resolved before further processing of the complaint. A request that grievability be determined shall toll the time limits under this procedure. Time limits shall begin to run again the day after the decision on grievability is made by the County Executive or the Circuit Court. F. The classification of a complaint as nongrievable by either the County Executive or the Ci'cuit Court of Albemarle County shall not be construed to restrict any employee's right to seek, or management's right to provide, customary administrative review of complaints outside the scope of the Grievance Procedure. VIII. Consolidation of Grievances If more than one grievance is filed arising from the same factual circumstances, the County Executive may, at any time prior to a hearing officer hearing, consolidate those grievances for joint processing, including grievability determinations. If consolidation occurs, all time limits set forth in this procedLre shall thereafter be calculated from the date of the last filed grievance. Once consolidated, the grievances shall all be processed as a single matter pursuant to this procedure. IX. Step 1 Procedure: Immediate Supervisor Level 14 A. No later than twenty (20) days after the occurrence or condition giving rise to the grievance, the employee affected shall identify the grievance verbally to his immediate supervisor. Within five (5) days of such identification, the immediate supervisor shall give his response to the employee with respect to the particular grievance. The failure of an employee to identify the grievance within the time specified above shall constitute a forfeiture and a waiver of any rights to proceed further and shall terminate the grievance. B. If a satisfactory resolution is not reached by this informal process, the grievant shall notify Human Resources of the intent to file a grievance and shall obtain a copy of Grievance Form A from Human Resources. The grievant shall reduce the grievance to writing on Grievance Form A, identifying specifically and in detail the nature of the grievance and the requested remedy. Such written grievance shall be presented to the immediate supervisor within five (5) days of the supervisor's verbal reply to the oral grievance. The supervisor shall promptly notify and supply a copy of the written grievance to Human Resources. The supervisor shall reply to the employee in writing in response to the written grievance within five (5) days of receiving it. C. If the grievant's supervisor is also his departmenUagency head, or if the departmenUagency head decided the matter that is the subject of the grievance, the grievant shall pass by Step 2 of this procedure and proceed immediately to Step 3. If the grievant's supervisor is the County Executive, he shall pass by Step 3 and proceed immediately to Step 4. X. Step 2 Procedure: Department/Agency Head If a satisfactory resolution is not reached at the conclusion of Step 1 as outlined above in Section IX, the grievant shall have the right to appeal as follows. Within five (5) days following receipt of the Step 1 (B) written reply, the grievant shall notify his department/ agency head and the Human Resources Department in writing on Grievance Form A that resolution has not occurred and shall supply the reasons why the grievant believes that resolution has not occurred. The departmenUagency head shall schedule and hold a meeting with the grievant to review the grievance within five (5) days of receipt of such submission, or on such other date as the parties may mutually agree. The only persons who may be present at this meeting are the grievant and the departmenUagency head. The meeting may be adjourned to another time or place by agreement of the parties. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the meeting. XI. Step 3 Procedure: County Executive Level A. If a satisfactory resolution is not reached at the termination of Step 2 as outlined above in Section X, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and submit the grievance to the County Executive within five (5) days following receipt of the Step 2 reply. The County Executive shall schedule and hold a meeting with the grievant to review the grievance within ten (10) days of receipt of such submission, or on such other date as the parties may mutually agree. B. The grievant may have legal representation or another representative present at the Step 3 meeting. If the grievant is represented by legal counselor another representative, the County Executive may also have legal counselor another representative present. The grievant s1all inform the County in writing of the name of his legal counselor other representative at least two (2) days prior to the Step 3 meeting. Either party may call appropriate witnesses, who shall be present only while actually providing testimony. The County Executive shall, in his sole d.scretion, determine whether the testimony of witnesses is relevant or, if witnesses have testified, whether additional testimony by other witnesses is necessary. C. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the Step 3 meeting, or on such other date as the pa"ties may mutually agree. XII. Step 4 Procedure: Grievance Hearing 15 A. If a satisfactory resolution is not reached at the termination of Step 3 as outlined above in Section XI, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and request a hearing before an administrative hearing officer ("hearing officer"). The request shall be submitted to Human Resources within five (5) days following receipt of the Step 3 reply. B. Upon receipt of the request for a grievance hearing, Human Resources shall contact the County Attorney and request that he initiate a request to the Supreme Court of Virginia for appointment of a hearing officer to hear and preside over the grievance hearing. The hearing officer shall be appointed by the Executive Secretary of the Supreme Court of Virginia. The appointment shall be made from the list of administrative hearing officers maintained by the Executive Secretary pursuant to the Code of Virginia. In the alternative, the County Attorney may request the appointment of a hearing officer from the Virginia Department of Employment Dispute Resolution. The County shall bear all expenses associated with the hearing officer's services. C. Human Resources and/or the County Attorney shall provide the hearing officer prior to the hearing with a copy of the grievance record and all other documentation relied upon by the County in rendering the decision or action being grieved, and shall provide the grievant with a list of documents furnished to the hearing officer. At least ten (10) days prior to the hearing, tr.e grievant and his attorney or other representative shall be allowed to inspect and copy all documentation supplied by the County to the hearing officer. At least five (5) days prior to the hearing, the grievant and the county shall exchange lists of witnesses and exhibits to be called or introduced at the proceeding. Witnesses or exhibits not disclosed in a timely manner as required by this section shall not be allowed or introduced at the hearing, unless the hearing officer finds good cause shown. XIII. Conduct of Grievance Hearing A. The role of the hearing officer is limited to a determination of whether a grievance filed by an employee is substantiated and what remedy, if any, should be provided. The hearing officer may not formulate or change county policy, rules or procedures. The hearing officer shall determine whether the grievant has demonstrated, by a preponderance of the evidence, that the action complained of was without cause, or done in violation of a law, rule, regulation or other policy. The hearing officer shall not otherwise substitute his or her judgment for that of management. B. The hearing officer shall conduct the hearing as follows: 1. At the request of either party, the hearing shall be private and limited to the grievclnt, the hearing officer, the legal counselor other representative of the grievant and the county, appropriate witnesses as they testify, and any court reporters or other official recorders of the hearing. At the request of either party, witnesses shall be separated from the Ilearing room and allowed to be present only during the time that they actually testify. 2. The hearing officer shall consider the grievance without regard to any proposed disposition (including offers of settlement) by any lower authority, unless the grievant and the County Executive shall agree in writing that the issue(s) shall be so limited. In all other cases, the hearing officer shall consider the matter as if presented to it in the first instance. 3. The hearing officer may at any time ask the parties or their representatives for statements clarifying the issues involved in the grievance. 4. Exhibits, when offered by the grievant or the County, may be received as evidence by the hearing officer, and when so received shall be marked and made a part of the record. 5. Both parties shall have the right to make opening statements, starting with the grievant. After opening statements, the order of the hearing shall be as follows: the grievant shall proceed first, and shall bear the ultimate burden of persuasion. At the conclusion of the grievant's evidence, the County shall have the opportunity to present its evidence. At the 16 conclusion of the County's presentation, the hearing officer shall specifically inquire of all parties whether they have any further evidence to offer or witnesses to be heard. Upon receiving a negative response, the hearing officer shall permit the parties to summarize their cases (beginning with the grievant) and shall then declare the hearing closecl. 6. Both parties have the right to offer evidence and cross-examine witnesses, and shall produce such additional evidence as the hearing officer deems necessary for understanding and ruling upon the dispute. There shall be no formal rules of evidence at the hearing; however, the hearing officer shall have the right to determine the relevancy of any evidence offered. All evidence shall be taken in the presence of the hearing officer and the parties, except by mutual consent of the parties. 7. The hearing may be reopened by the hearing officer on his own motion or upon application of either party for good cause shown at any time before a final decision is made. 8. Upon the request of the hearing officer, the County or the grievant, the Human Resources Director shall insure that a verbatim record of the hearing is made and retained for not less than 12 months. The record may be in writing or by a taped recording. The party requesting the record shall bear the costs of preparation anel transcription, including any costs associated with attendance of a court reporter. If both the grievant and the County request such a record, they shall share equally in all costs incurred. 9. The Human Resources Director or designee may be called upon by the hearing officer or either party as a witness at any time to provide specific policy interpretation or clarification of applicable County policy and these procedures. 10. In any matters not covered by this section, the hearing officer shall determine the applicable procedures to be followed. XIV. Decision of Administrative Hearing Officer A. The hearing officer shall provide a written decision to the County Executive and the grievant, with copies to Human Resources and the County Attorney, no later than twenty (20) calendar days after the completion of the hearing. The decision shall summarize the grievance and the evidence, shall make specific findings of fact, and shall state in full the reasons for the decision, and the remedy (if any) to be granted. The decision of the hearing officer shall be consistent with law and written policy, and as such shall be considered final and binding. B. The question of whether the relief granted by the hearing officer is consistent with applicable law and written policy shall be determined by the County Executive, unless such person has a direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the Commonwealth's Attorney of Albemarle County. The County Executive or Commonwealth's Attorney shall request the hearing officer to reconsider any decision which in his judgment is inconsistent with the laws or written policy applicable to the specific grievance at issue. C. If the hearing officer determines that the grievant prevails on any grievable complaint or dispute, he may remedy that complaint or dispute by ordering that the grievant be reinstated to a former position; awarding back pay; or ordering expungement of information contained in the grievant's personnel file(s) maintained by Human Resources or individual department; or rendering opinions specifying the application or interpretation of County personnel policies and procedures as they may relate to the specific facts of the grievance. The grievant shall not, however, be entitled to any relief that he has not specifically requested in the original written grievance form, unless the parties have mutually agreed otherwise as to alternative relief. D. If, in response to a grievable complaint or dispute, the hearing officer finds that a department head or other County official failed to follow established procedures governing promotion, 17 demotion, transfer, hiring or layoff, the hearing officer shall remand the grievance back to the department head or official with instructions that the actions taken be rescinded, and proper procedures be followed for the matter at issue. In connection with such remand, the hearing officer may make appropriate provisional orders concerning the case. XV. Implementation of Hearing Officer Decision A. The County Executive shall implement any remedy that may be ordered by the hearing officer, provided that such remedy is consistent with applicable law and County personnel policies. If the County Executive determines that the hearing officer decision is not consistent with applicable law or County personnel policies, the following steps shall be taken: 1. The County Executive shall inform the hearing officer and the grievant of his determination within ten (10) days of his receipt of the hearing officer's written decision; and, 2. The County Executive shall not implement the decision of the hearing officer. B. Either party may petition the Albemarle County Circuit Court for a decision regarding implementation of the hearing officer decision. The review of the Circuit Court shall be limited to the question of whether the hearing officer's decision is consistent with provisions of law and written County policy. 18 ATTACHMENT 4 RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the sexual harassment policy for the County; and WHEREAS, the Board finds that an amendment to Personnel Policy P-21 is necessary to clarify and update County policies relating to sexual harassment; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-21, Sexual Harassment, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3,2007. 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 by a vote of six to zero, as recorded below, at a meeting held on January 3,2007. ********** ALBEMARLE COUNTY PERSONNEL POLICY Sexual Harassment Policy Policy Number: P-21 Date Adopted: January 3, 2007 I. POLICY Sexual harassment in the workplace is prohibited by the County because it erodes morale, impairs employees' work ability and violates state and federal law. All employees shall be responsible for abiding by this policy and promoting a workplace that is free of sexual harassment. To ensure employees are informed of the County's Sexual Harassment Policy and trained on thei, rights and responsibilities under the policy, the Department of Human Resources (HR) will offer sexual harassment training to all new employees within 30 days of employment or appointment to the new position, and will offer training on an ongoing basis to existing employees. It is the department director/office administrator's responsibility to ensure new employees register for training. Additionally, all department directors/office administrators and supervisors should periodically attend refresher training on sexual harassment offered by HR and employees will receive a copy of the policy periodically. II. IDENTIFYING SEXUAL HARASSMENT A. General Guidelines - Acts of sexual harassment shall result in disciplinary action which may include dismissal. Under this policy, sexual harassment occurs whenever unwelcome conduct of a sexual, sex-based or gender-based nature affects a term or condition of employment or creates a hostile or abusive working environment. The conduct is measured against what an objective, reasonable woman or reasonable man, depending on the gender of the complainant, would consider sexually harassing. The complainant need not suffer any physical injury to be a victim of sexual harassment. Sexual harassment may occur by a man against a woman, a woman against a man, a man against a man or a woman against a woman. Sexual harassment may occur by or against an employee, contractor or vendor. Sexual harassment may occur at the workplace, or away from the workplace, and may occur during or after work hours, if the conduct impacts the complainant's work environment. B. Supervisor Duties - Supervisors and department directors/office administrators are obligated to ensure that their employees are not subjected to sexual harassment from other employees, 19 citizens, customers, contractors or vendors if they know or should have known that such sexually harassing behavior was occurring. C. Supervisor/Subordinate Relationships - Romantic relationships between supervisors and subordinates are never considered legally consensual and shall result in transfer or disciplinary action, depending on the circumstances, against one or both of the participants based on the needs of the County. D. Consensual Relationships - Employees involved in consensual relationships have an affirmative duty to notify the other party that continued non-work related contact is unwelcome as a precondition to filing a sexual harassment complaint. E. Refusal to Disclose - The County is not obligated to force an alleged victim of sexual harassment to reveal the name of their harasser if the victim refuses to disclose the name because the victim has talked with the harasser, resolved the matter to their satisfaction and represented in writing that they do not want the County to investigate the incident. However, the manner in which the County will handle these situations will be determined only after interviewing the victim and analyzing the facts and circumstances of each case. F. Retaliation - Retaliation exists when an individual is discriminated against for reporting sexual harassment or for cooperating, giving testimony, or participating in any manner in a sexual harassment investigation, proceeding or hearing. Retaliation is prohibited under this policy. Anyone who is being subjected to retaliation shall report it pursuant to Section IV of the policy and it shall be investigated and resolved in the same manner as sexual harassment complaints. G. Liability - In addition to facing disciplinary action from the County, employees who engage in or permit sexual harassment, including supervisors who know or reasonably should know that such misconduct is occurring in their workplace, may face civil liability under federal anti-discrimination laws, such as Title VII of the Civil Rights Act ("Title VII"). H. False Claims - False allegations of sexual harassment shall constitute violations of the County's standards of conduct and shall be cause for disciplinary action. III. FORMS OF SEXUAL HARASSMENT A. One form of prohibited sexual harassment under this policy occurs when someone: (1) attempts to force an individual to submit to unwelcome sexual advances; (2) requests sexual favors; or (3) engages in unwelcome verbal or physical conduct of a sexual nature when submission is made a term or condition of employment or submission or rejection is used as a basis for employment decisions, including hiring decisions and provision of job benefits or failure to submit alters a term or condition of employment or results in a tangible change in employment status. Employment decisions, terms and conditions of employment and tangible changes in employment status may include promotions, demotions, compensation, termination, performance appraisals, and decisions causing a significant change of benefits, reassignment with significantly different responsibilities or disciplinary actions. B. Another form of prohibited sexual harassment under the policy occurs through the creation of a hostile work environment when unwelcome conduct of a sexual or gender-based nature unreasonably interferes with an individual's work performance or creates an intimidating, 10stile, abusive or offensive work environment. A hostile work environment can be created when any of the following behaviors are directed at another or when a third party overhears or observes such behaviors. The following are examples of behavior that may create a hostile work environment; however, generally, depending on its severity, one single isolated incident will not result in a 20 hostile work environment but may still result in disciplinary action. The behaviors include but are not limited to: 1. Verbal harassment, insults, ridicule or acts of intimidation, aggression or abuse, based on gender; 2. Unwanted, intentional touching (i.e., patting, massaging, rubbing, hugging or pinching); 3. Sexual or suggestive remarks about a person's weight, body, clothing, make-up, appearance or hairstyle; 4. Demeaning or inappropriate sex-based terms, including intimate or offensive nicknames; 5. Subjecting members of one sex to disadvantageous terms or conditions of employment to which members of the other sex are not subjected; 6. Displaying or distributing sexually suggestive calendars, magazines, pin-ups, graffiti, pictures, cartoons, posters, software, e-mail or jokes; 7. Repeated or continuing use of inappropriate gestures or profanity of a sexual nature; 8. Telling sexual jokes or making sexual remarks, including sexual innuendo or comments with a double meaning; 9. Unwelcome pressure to date or engage in sexual activities; 10. Encouraging others to make inappropriate jokes, comments or advances; 11. Commenting to a group on an individual's identification or complaint of sexual harassment; 12. Commenting to a group, teasing an individual or telling lies or spreading rumors about issues of a sexual nature; 13. Engaging in consensual sexual activity on the job; 14. Displaying or fondling one's own intimate parts in front of others; 15. Making facial expressions such as throwing kisses or licking lips or whistling at another in a sexually suggestive manner; 16. Asking intimate or sexually probing questions; 17. Boasting of sexual experiences or discussing sexual activities; 18. Giving sexually explicit notes or pictures or sexually offensive items to another; 19. Stalking an individual by following them, making repeated telephone calls, etc., whether during or after work hours, and either asking them for sexual favors or otherwise harassing them; or 20. Requesting sexual favors, accompanied by implied or overt threats concerning an individual's employment status or benefits or promise of preferential treatment with regard to an individual's employment status or benefits. C. A third form of sexual harassment, sexual assault or battery, is prohibited by this policy and may constitute a crime. Substantiated allegations of sexual assault or battery constitute grounds for disciplinary action, including immediate leave without pay of the alleged harasser pendinfl investigation. A finding of sexual assault or battery constitutes grounds for immediate dismissal. 21 (Sexual assault or battery may include but is not limited to: Unwanted kissing, grabbing, pressing against or fondling of the intimate parts of another's body or rape or forcing another to tou:::h the intimate parts of one's body.) IV. ENFORCEMENT PROCEDURE A. Complaint Procedure - Any person covered by the policy who is being subjected to sexual harassment should tell the offender to stop the behavior unless they are uncomfortable doing so. If they are unable to tell the offender to stop or if the conduct reoccurs after the offender has been told to stop, the person shall make a complaint to their supervisor, department director/office administrator or HR. If a complaint is not made within 300 days of the sexually harassing incident, the County is not obligated to investigate but may do so if, due to the nature of the complaint or the position of the alleged offender, the County concludes that an investigation will further the County's sexual harassment policy. However, if the complainant alleges an incident against an alleged harasser that occurred within 300 days and other incidents that occurred over 300 days ago, then all such incidents shall be considered by the investigator in determining the outcome of the complaint. If a complaint is made against a person who is not in the complainant's department, then the complainant's supervisor or department director/office administrator shall contact and notify HR, which shall notify the alleged harasser's department director/office administrator and initiate an investigation. B. HR Notification - The department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall immediately notify HR concerning a sexual harassment or sexual assault/battery complaint, regardless of whether they believe the complaint is valid, in all cases. If the complaint is made against an employee in the HR Department, the department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall contact the County Attorney's Office for guidance. The County Attorney's Office shall evaluate the complaint and, in consultation with the County Executive, refer the complaint to an appropriate investigator for further action. C. Previous Complaints - If a department director/office administrator, supervisor or other person receives a complaint from an individual who previously complained about sexual harassment, whether or not the new allegations are against the same person, or if the complaint is against a person who has previously been accused of harassment, then HR shall be notified. If the person who receives the complaint is unsure whether a person has previously complained or previously been accused, he shall contact HR. D. Complaint Involving Non-Employee - If a complaint is filed by or against a contractor or vendor or against a customer or citizen, the department involved shall immediately notify HR. If the complaint is founded against a nonemployee, the investigator shall take appropriate action to ensure that the harassment ceases. E. HR Investigation - Upon notice to HR that a complaint of sexual harassment has been filed or received, the following procedures shall be followed: Within five (5) calendar days of receipt of the complaint, HR will issue a Notice of Complaint to the alleged harasser. One or more HR representatives shall conduct confidential, in-depth interviews with the complainant, witnesses, co-workers and the alleged harasser to gather all relevant informa:ion. After interviewing all relevant parties, the HR representative(s), in conjunction with the County Attorney's office, shall determine whether or not sexual harassment has occurred based on the evidence gathered during the investigation. The HR representative(s) shall suggest appropl"iate disciplinary actions in writing, if necessary, (i) to the alleged harasser's department director if the 22 alleged harasser is subordinate to a department director; (ii) to the appropriate assistant county executive if the alleged harasser is a department director or (iii) to the County Executive if the alleged harasser is an assistant county executive or other County official who reports directly to the County Executive. HR shall also inform the complainant of the final outcome of the investigation. The complaint shall be resolved within 60 days if practicable. HR shall maintain all documents regarding sexual harassment in a confidential manner and advise the County Attorney's Office of the results of the investigation once it has been concluded. F. Accused Rights - If accused of an act of sexual harassment, an individual: (1) shall be notified of the complaint as soon as possible, (2) shall be entitled to respond to the complaint; (3) shall receive discipline in conformance with the County's Personnel Policies and Procedures if the charges are substantiated; and (4) shall be entitled to utilize the County's Employee Grievance Procedure if the employee disagrees with the disciplinary action, if the employee is eligible to file a grievance and if the action is grievable. G. Cooperation - All County employees are required to cooperate in sexual harassment investigations. H. Impeding Investigations - Impeding an investigation or otherwise covering up a violation is prohibited. I. Confidentiality - All participants in the investigation, including the complainant and the alleged harasser, shall be required to keep the details and results of any investigation confidential, unless otherwise directed under this policy. However, this requirement shall not prevent communications with legal counselor other legally protected communications, and shall not in any way interfere with rights protected under state or federal law. J. Violation/Discipline - In determining whether a violation of the policy has occurred, the investigator shall consider the totality of the circumstances, the nature of the act and the context in which the incident occurred. HR will make recommendations on situationally appropriate discipline. HR and the County Attorney's office shall be consulted if the department considers discipline that is different than the original recommendation. All violations of this policy, including violation of the retaliation, confidentiality, cooperation, impeding investigations and false/vindictive claims provisions, shall result in disciplinary action up to and including termination in accordance with the County's Personnel Policies and Procedures. Any employee who fails to report a sexual harassment incident to HR pursuant to this procedure or who allows sexual harassment to continue or fails to take appropriate corrective action or retaliates or discriminates against the complainant, or any other individual who cooperates in the investigation, shall be subject to discipline, up to and including termination. A complainant should report such a violation to HR for investigation. K. Interim Remedial Measures - After a complaint is received, interim remedial measures may be taken to protect the individuals involved and/or to protect the interests of the County. Any remedial measure may be reversed or modified pending final resolution of a complaint. L. Follow-up - Once a complaint has been resolved, HR will follow-up with the complainant periodically to ensure that the harassment has ceased and/or no retaliation is occurring. M. Files - The supervisor or department director/office administrator shall ensure that all documents and files regarding a sexual harassment investigation are maintained in a confidential manner and that access to such files is restricted. Sexual harassment files shall be maintained separate and apart from any other files containing employee information. At the time that a supervisor or department director/office administrator leaves their position, all departmental files maintained pursuant to this section shall be delivered to HR. For investigations conducted by HR, all documents, files and final reports shall be maintained in a confidential location in HR. Copies will be forwarded to the County Attorney's office. Upon request, the department director/office administrator and appropriate departmental leadership will be permitted to come to HR to review the report. 23 N. Grievance - Eligible employees may use the County's Employee Grievance Procedure for relief from acts of sexual harassment that are not resolved to the satisfaction of the complainant. The Grievance Procedure time limits shall begin to run after the initial investigation is completed and the complainant is notified of the results. O. Title VII - Individuals may also consult with the Equal Employment Opportunity Commission concerning their rights under Title VII. 24 - COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: Members of the Board of Supervisors Ella Washington-Carey, CMC, c'e~ti \, (\ December 27,2006 DATE: RE: Agenda for Annual (Organizational) Meeting of January 3, 2007 Agenda Item NO.6. The Code of Virginia, in Section 15.2-1538, states that "The governing body of every locality in this Commonwealth shall appoint a qualified person, who shall not be a member of the governing body, to record the official actions of such governing body." Ella W. Carey and Meagan Hoy expresses a desire to be reappointed as Clerk and Senior Deputy Clerk, respectively. These positions are reappointed annually. Agenda Item No.7. Section 15.2-1416 of the Code states that "The days, times and places of regular meetings to be held during the ensuing months shall be established at the first meeting which meeting may be referred to as the annual or organizational meeting; however, if the governing body subsequently prescribes any... day or time other than that initially established, as a meeting day, place or time, the governing body shall pass a resolution as to such future meeting day, place or time. The governing body shall cause a copy of such resolution to be posted on the door of the courthouse or the initial public meeting place and inserted in a newspaper having general circulation in the county or municipality at least seven days prior to the first such meeting at such other day, place or time...." Should the Board wish to continue with the schedule adopted last year for its regular meetings, the Board needs to adopt a motion to set the meeting times, dates and places for Calendar Year 2006 as follows: first Wednesday of the month - 9:00 a.m., and the second Wednesday of the month - 6:00 p.m., with said meetings to be held in the County Office Building on Mcintire Road. Since July 4,2007 is a holiday, it is requested that the meeting dates in July be as follows: July 11 - 9:00 a.m., and July 18 - 6:00 p.m. It is also recommended that due to holiday schedule that the meeting dates for January 2008 be as follows: January 9 - 9:00 a.m., and January 16 - 6:00 p.m. Agenda Item No.8. Section 33.10.2 of the Zoning Ordinance states that the Board of Supervisors shall consider zoning text amendment petitions by property owners at specified intervals of three months. The dates requested for these hearings for 2007 are September 12 and December 12, 2007 and March 12, and June 11, 2008. A motion is required to set these dates which are then advertised in the newspaper. Agenda Item No.9. A copy of the Board's current Rules of Procedure is included with this agenda item for your review. In Section D, "Order of Business", the language has been amended to reflect the current procedure for receiving comment from the public for matters not on the agenda. Agenda Item No. 10. A copy of the Board's current Boards and Commissions Process is included with this agenda item for your review. There is one proposed amendment to the Board's policy. Currently only certain boards and commissions members file disclosure forms. Occasionally citizen members will contact the Clerk if they feel they should file a disclosure. For consistency and to make the necessary individuals are covered, it is recommended that all citizen members file the disclosure forms. State Code ~2.2-3115(B) proVides that the governing body may designate all citizen members of boards and commissions to file such forms. Memo To: Members of the Board of Supervisors December 27,2006 Page 2 Agenda Item No. 21. A copy of an updated appointment list, which also includes Board nember appointments, is included with this agenda item. /ewc RULES OF PROCEDURE ALBEMARLE BOARD OF COUNTY SUPERVISORS A. Officers 1. Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall preside at such meeting and at all other meetings during the year for which elected. In addition to being presiding officer, the Chairman shall be the head official for all the Board's official functions and for ceremonial purposes. He shall have a vote but no veto. (Virginia Code Sections 15.2-1422 and 15.2-1423) 2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman who, if present, shall preside at meetings in the absence of the Chairman and shall discharge the duties of the Chairman during his absence or disability. (Virginia Code Section 15.2-1422) 3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-yeal" terms; but either or both may be re-elected for one or more additional terms. (Virginia Code Section 15.2-1422) 4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are absent from any meeting, a present member shall be chosen to act as Chairman. B. Clerk and Deputy Clerks The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia Code Section 15. 2-1539 and such additional duties set forth in resolutions of the Board as adopted from time to time. (Virginia Code Section 15.2-1416) C. Meetings 1. Annual Meeting. The first meeting in January held after the newly elected members of the Board shall have qualified, and the first meeting held in January of each succeeding year, shall be known as the annual meeting. At such annual meeting, the Board shall establish the days, times, and places for regular meetings of the Board for that year. (Virginia Code Section 15.2-1416) 2. Regular Meetings. The Board shall meet in regular session on such day or days as has been established at the annual meeting. The Board may subsequently establish different days, times, or places for such regular meetings by passing a resolution to that effect in accord with Virginia Code Section 15.2-1416. If any day established as a regular meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on the next regular business day without action of any kind by the Board. (Virginia Code Section 15.2-1416) If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members to attend a regular meeting, such meeting shall be continued to the next regular meeting date. Such finding shall be communicated to the members of the Board and to the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement shall be required. (Virginia Code Section 15.2-1416) Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business of the Board is complete. (Virginia Code Section 15.2-1416) 3. Special Meetings. The Board may hold special meetings as it deems necessary at such times and places as it deems convenient. A special meeting may be adjourned from time to time as the Board finds necessary and convenient. (Virginia Code Section 15.2-1417) A special meeting shall be held when called by the Chairman or requested by two or more members of the Board. The call or request shall be made to the Clerk of the Board and shall specify the matters to be considered at the meeting. Upon receipt of such call or request, the Clerk, after consultation with the Chairman, shall immediately noti~y each member of the Board, the County Executive, and the County Attorney. The notice shall be in writing and delivered to the person or to his place of residence or business. The notice shall state the time and place of the meeting and shall specify the matters to be considered. No matter not specified in the notice shall be considered at such rneeting unless all members are present. The notice may be waived if all members are present at the special meeting or if all members sign a waiver for the notice. (Virginia Code Section 15.2-1418) The Clerk shall notify the general news media of the time and place of such special meeting and the matters to be considered. D. Order of Business The Clerk of the Board shall establish the agenda for all meetings in consultation with the Chairman. The first two items on the agenda for each regular meeting of the Board shall be the Pledge of Allegiance and a moment for silent meditation. The procedures for receiving comment from the public for matters not on the agenda shall be at the discretion of the Board. Unless otherwise decided, individuals will be allowed a three-minute time limit in which to speak during the time set aside on the agenda for "From the Public: Matters Not Listed for Public Hearing on the Agenda". Zoning applications advertised for public hearing shall be on the agenda for public hearing on the advertised date unless the applicant submits a signed written deferral request to the Clerk of the Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The first request for a deferral will be granted administratively by the Clerk. The Board will be notified of the deferral in the next Board package and the deferral will be announced at the earliest possible Board meeting to alert the public of the deferral. Any request received later than the Wednesday deadline and any subsequent request for a deferral for the same application previously deferred will be granted only at the discretion of the Board by a majority vote. The deferral shall not be granted unless the Board determines that the reason for the deferra justifies the likely inconvenience to the public caused by the deferral. The staff will make every effort to alert the public when a deferral is granted. It is the Board's preference that a public hearing should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two business days prior to the County's deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine calendar days prior to the date of the advertised public hearing. This policy is not intended to prevent changes made in proffers at the public hearing resulting from comments received from the public or from Board members at the public hearing. E. Quorum A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If during a meeting less than a majority of the Board remains present, no action can be taken except to adjourn the meeting. If prior to adjournment the quorum is again established, the meeting shall continue. (Virginia Code Section 15.2-1415) A majority of the members of the Board present at the time and place established for any regular or special meeting shall constitute a quorum for the purpose of adjourning such meeting ;rom day to day or from time to time, but not beyond the time fixed for the next regular meeting. F. Voting Procedures 1. Approva/ by Motion. Unless otherwise provided, decisions of the Board shall be made by approval of a majority of the members present and voting on a motion properly made by a member and seconded by another member. Any motion that is not seconded shall not be further considered. The vote on the motion shall be by a voice vote. The Clerk shall record the name of each member voting and how he voted on the motion. If any member abstains from voting on any motion, he shall state his abstention. The abstention will be announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the motion voted upon. (Article VII, Section 7, Virginia Constitution) 2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected members of the Board shall be required to approve an ordinance or resolution (1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing the borrowing of money. (Virginia Code Section 15.2-1428) 3. Public Hearings. The Board shall not decide any matter before the Board requIring a public hearing until the public hearing has been held. The Board may, however, at its discretion, defer or continue the holding of a public hearing or consideration of such matter. The procedures for receiving comment from the applicant and the public for public hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant shall be permitted no more than ten minutes to present its application. Following the applicant's presentation, any member of the public shall be permitted no more than three minutes to present public comment. Speakers are limited to one appearance at any public hearing. Following the public comments, the applicant shall be permitted r.o more than five minutes for a rebuttal presentation. 4. Motion to Amend. A motion to amend a motion before the Board, properly seconded, shall be discussed and voted by the Board before any vote is taken on the original motion unless the motion to amend is accepted by both the members making and seconding the original motion. If the motion to amend is approved, the amended motion is then before the Board for its consideration. If the motion to amend is not approved, the original motion is again before the Board for its consideration. 5. Previous Question. Discussion of any motion may be terminated by any member moving the "previous question". Upon a proper second, the Chairman shall call for a vote on the motion of the previous question. If approved by a majority of those voting, the Chairman shall immediately call for a vote on the original motion under consideration. A motion of the previous question shall not be subject to debate and shall take precedence over any other matter. 6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion to reconsider is made at the same meeting or an adjourned meeting held on the same day at which the matter was decided. The motion to reconsider may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to reconsider, if approved, shall be to place the matter for discussion in the exact position it occupied before it was voted upon. 7. Motion to Rescind. Any decision made by the Board, except for zoning map amendments, special use permit decisions, and ordinances, (these exceptions shall only be subject to reconsideration as provided above) may be rescinded by a majority vote of all elected members of the Board. The motion to rescind may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to rescind, if approved, is to nullify the previous decision of the Board. Zoning map amendments, special use permit decisions and ordinances may be rescinded or repealed only upon meeting all the legal requirements necessary for taking action on such matters as if it were a new matter before the Board for consideration. G. Amendment of Rules of Procedure These Rules of Procedure may be amended by a majority vote of the Board at the next regular meeting following a regular meeting at which notice of the motion to amend is given. H. Suspension of Rules of Procedure These Rules of Procedure may be suspended by the majority vote of the Board members present and voting. The motion to suspend a rule may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided, however, approval of a motion to suspend the rule shall not permit the Board to act in vio,ation of a requirement mandated by the Code of Virginia, the Constitution of Virginia, or ary other applicable law. I. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by Robert's Rules of Order. ***** (Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79 1-2-80; 1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93; 1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5- 2005; 1-4-2006; 1-3-2007). ALBEMARLE COUNTY BOARD OF SUPERVISORS POLICY FOR BOARDS AND COMMISSIONS A. CREATION OF NEW BOARDS AND COMMISSIONS 1. On an annual basis the list of active boards and commissions will be purged of all bodies not required by Federal, State, County or other regulations, which have not met at least once during the prior twelve-month period. 2. Whenever possible and appropriate, the functions and activities of boards and commissions will be combined, rather than encouraging the creation of new bodies. 3. Any newly created task force or ad hoc committee which is intended to serve for a limited time period may be comprised of magisterial or at-large members at the discretion of the Board of Supervisors. The appointment process shall follow that adopted in Section B for other magisterial and/or at-large positions. B. APPOINTMENTS TO BOARDS AND COMMISSIONS 1 . All appointments to boards and commissions based upon magisterial district boundaries will be made by the members of the Board of Supervisors. All magisterial positions will be advertised. At the discretion of the supervisor of that district, selected applicants may be interviewed for the position. 2. Prior to each day Board meeting, the Clerk will provide the Board a list of expired terms and vacancies that will occur within the next sixty days. The Board will then advise the Clerk which vacancies to advertise. 3. In an effort to reach as many citizens as possible, notice of boards and commissions with appointment positions available will be published through available venues, such as, but not limited to, the County's website, A-mail, publiC service announcements and local newspapers. Interested citizens will be provided a brief description of the duties and functions of each board, length of term of the appointment, frequency of meetings, and qualifications necessary to fill the position. An explanation of the appointment process for both magisterial and at-large appointments will also be sent to all applicants. 4. All interested applicants will have a minimum of thirty days from the date of the first notice to complete and return to the Clerk of the Board of Supervisors a detailed application, with the understanding that such application may be released to the public, if requested. No applications will be accepted if they are postmarked after the advertised deadline, however, the Board, at its discretion, may extend the deadline. 5. Once the deadline for accepting applications is reached, the Clerk will distribute all applications received to the members of the Board of Supervisors prior to the day meeting for their review. For magisterial appointments, the Clerk will forward applications as they are received to the supervisor of that district who will then recommend his/her appointment. 6. From the pool of qualified candidates, the Board of Supervisors, at their discretion, may make an appointment without conducting an interview, or may select applicants to interview for the vacant positions. The Clerk will then schedule interviews with applicants to be held during the next day meeting. For magisterial appointments, the decision to interview selected candidates will be determined by the supervisor of that district. -1- 7. All efforts will be made to interview selected applicants and make appointments within ninety days after the application deadline. For designated agency appointments to boards and commissions, the agency will be asked to recommend a person for appointment by the Board of Supervisors. 8. All vacancies will be filled as they occur. 9. All incumbents will be allowed to serve on a board or commission without his/her position being readvertised unless, based on attendance and performance, the chairman of the body or a member of the Board of Supervisors requests the Board of Supervisors to do otherwise. 10. As a condition to assuming office all citizen members of boards and commissions shall file a real estate disclosure form as set forth in the State and Local Government Conflict of Interests Act and thereafter shall file such form annually on or before January 15. 11. If a member of a board or commission does not participate in at least fifty percent of a board's or commission's meetings, the chairman of the body may request the Board of Supervisors terminate the appointment and refill it during the next scheduled advertising period. C. ADOPTION This poliCY shall be reviewed and readopted by the Board of Supervisors in January. (Amended and/or Readopted 01-07-98; 02-12-2005; 01-04-2006; 01-03-2007) -2- ALBEMARLE COUNTY BOARD OF SUPERVISORS POLICY FOR BOARDS AND COMMISSIONS A. CREATION OF NEW BOARDS AND COMMISSIONS 1. On an annual basis the list of active boards and commissions will be purged of all bodies not required by Federal, State, County or other regulations, which have not met at least once during the prior twelve-month period. 2. Whenever possible and appropriate, the functions and activities of boards and commissions will be combined, rather than encouraging the creation of new bodies. 3. Any newly created task force or ad hoc committee which is intended to serve for a limited time period may be comprised of magisterial or at-large members at the discretion of the Board of Supervisors. The appointment process shall follow that adopted in Section B for other magisterial and/or at-large positions. B. APPOINTMENTS TO BOARDS AND COMMISSIONS 1. All appointments to boards and commissions based upon magisterial district boundaries will be made by the members of the Board of Supervisors. All magisterial positions will be advertised. At the discretion of the supervisor of that district, selected applicants may be interviewed for the position. 2. Prior to each day Board meeting, the Clerk will provide the Board a list of expir'ed terms and vacancies that will occur within the next sixty days. The Board will then advise the Clerk which vacancies to advertise. 3. In an effort to reach as many citizens as possible, notice of boards and commissions with appointment positions available will be published through available venues, such as, but not limited to, the County's website, A-mail, public service announcements and local newspapers. Interested citizens will be provided a brief description of the duties and functions of each board, length of term of the appointment, frequency of meetings, and qualifications necessary to fill the position. An explanation of the appointment process for both magisterial and at-large appointments will also be sent to all applicants. 4. All interested applicants will have a minimum of thirty days from the date of the first notice to complete and return to the Clerk of the Board of Supervisors a detailed application, with the understanding that such application may be released to the public, if requested. No applications will be accepted if they are postmarked after the advertised deadline, however, the Board, at its discretion, may extend the deadline. 5. Once the deadline for accepting applications is reached, the Clerk will distribute all applications received to the members of the Board of Supervisors prior to the day meeting for their review. For magisterial appointments, the Clerk will forward applications as they are received to the supervisor of that district who will then recommend his/her appointment. 6. From the pool of qualified candidates, the Board of Supervisors, at their discretion, may make an appointment without conducting an interview, or may select applicants to interview for the vacant positions. The Clerk will then schedule interviews with applicants tOJe held during the next day meeting. For magisterial appointments, the decision to interview selected candidates will be determined by the supervisor of that district. -1- 7. All efforts will be made to interview selected applicants and make appointments within ninety days after the application deadline. For designated agency appointments to boards and commissions, the agency will be asked to recommend a person for appointment by the Board of Supervisors. 8. All vacancies will be filled as they occur. 9. All incumbents will be allowed to serve on a board or commission without his/her position being readvertised unless, based on attendance and performance, the chairman of the body or a member of the Board of Supervisors requests the Board of Supervisors to do otherwise. 10. As a condition to assuminQ office all citizen members of boards and commissions shall file a disclosure form of their personal interest and such other information as is specified on the form set forth in ~2.2-3118 and thereafter shall file such form annually on or before January 15. 11. If a member of a board or commission does not participate in at least fifty percent of a board's or commission's meetings, the chairman of the body may request the Board of Supervisors terminate the appointment and refill it during the next scheduled advertising period. C. ADOPTION This policy shall be reviewed and readopted by the Board of Supervisors in January. (Amended and/or Readopted 01-07-98; 02-12-2005; 01-04-2006) -2- Draft April 7,2006 to MOD Committee Jeff Werner, PEC The "Monticello" Waiver for the MOD Ordinance Any single-family residence constructed at a density of one (I) dwelling unit per I ,OOO-acres shall be exempted from any and all MOD regulations except those currently requiring a "building site" and "adequate area for locating two (2) septic drain fields approved by the Virginia Department of Health" (Chapter 18, Section 4.2), height limitations (Chapter 18, Section 4.10), and meeting th,~ strictest provisions of the lighting requirements (Chapter 18, Section 4). From Monticello's web page: 'Thomas Jefferson's landholdings in Albemarle County totaled some 5000 acres and was partially dllvided by the Rivanna River. To manage this vast estate, he used a plantation system that had its origins in Virginia's Tidewater region and which divided the land into separate "farms." The Monticello mountaintop and surrounding area constituted the "home farm" and included Mulberry Row, the main plantation ~,treet." Source: http://\\\\\\.1l101l1 iCL' II 0.\ lrgl p Lilli ~I t I 0111 lalld. hi III I Excerpts from the Albemarle County Code 4.2 CRITICAL SLOPES These provisions are created to implement the comprehensive plan by protecting and conserving steep hillsides together with public drinking water supplies and flood plain areas and in recognition of increased potential for soil erosion, sedimentation, water pollution and septic disposal problems associated with the development of those areas described in the comprehensive plan as critical slopes. It is hereby recognized that such development of critical slopes may result in: rapid andlor large-scale movement of soil and rock; excessive stormwater run-off; siltation of natural and man-made bodies of water; loss of aesthetic resource; and in the event of septic system failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the public health, safety and/or welfare. These provisions are intended to direct building and septic system locations to terrain more suitable to development and to discourage development on critical slopes, and to supplement other regulations regarding protection of public water supplies and encroachment of development into flood plains. (Amended 11-15-89) Where modification of regulations is sought pursuant to section 4.2.5, such request shall address each concern specified in section 4.2. (Added 11- 15-89) 4.2.1 BUILDING SITE REQUIRED No lot or parcel shall have less than one (I) building site. For purposes of this section, the term "building site" shall mean a contiguous area of land in slopes of less than twenty-five (25) percent as determined by reference to either topographic quadrangle maps of the Geological Survey - U. S. Department of Interior (contour interval twenty [20] feet) or a source determined by the county engineer to be of superior accuracy, exclusive of: -Such area as may be located in the flood hazard overlay district or which is located under water; -Such area as may be located within two hundred (200) horizontal feet of the one hundred year flood plain of any public drinking water impoundment or within one hundred (100) horizontal feet of the edge of any tributary stream to such impoundment; (Amended 11-11-87) -Such area as may be designated as resource protection areas on the resource protection areas map adopted pursuant to chapter 17 of the Code of Albemarle; provided that nothing contained herein shall be deemed to prevent or impair the water resources manager from exercise of discretion as set forth in that ordinance. (Added 9-9-92) 4.2.2 BUILDING SITE AREA AND DIMENSIONS Each building site shall be subject to the following minimum area and dimension requirements: (Amended 10-17 -0 I ) a. Uses not served by a public or central sewerage system. Building sites for uses not served by a public or central sewerage system shall be subject to the following: (Amended 11-15-89; I 0- I 7 -0 I ) I. Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand (30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (I) as described by a rectangle inscribed within the building site. The building site shall have adequate area for locating two (2) septic drain fields approved by the Virgima Department of Health pursuant to section 4.1 of this chapter. (Amended 11-15-89; 10-17-01) 2. Development subject to section 32 of this chapter. Each building site in a development subject to section 32 of this chapter shall have an area of thirty thousand (30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (I) as described by a rectangle inscribed within the building site. The building site shall have adequate area for all buildings and structures, two (2) septic drain fields approved by the Virginia Department of Health pursuant to section 4.1 of this chapter, parking and loading areas, storage yards and other improvements, and all earth disturbing activity related to the improvements. (Added 11-15-89; Amended 10-17-01) 3. Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the director of planning and community development may modify or waive the rectangular shape required by subsections (I) and (2) if, after receiving the recommendation from the Virginia Department of Health, the director of planning and community development finds, based on information provided by the developer, that: (i) the parcel has an unusual size, topography, shape, location or other unusual physical condition; (ii) no reasonable alternative building site exists; and (iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent parcels than if those dimensions were adhered to. (Added 10-17-01) 4. Appeal. A developer may appeal the denial of a modification or waiver to the planning commission and, thereafter, to the board of supervisors, pursuant to section 4.2.5. (Added 10-17-0 I) 4.2.3 LOCATION OF STRUCTURES AND IMPROVEMENTS (Amended 11-15-89) Except as otherwise permitted pursuant to section 4.2.2, the provisions of this section shall apply to the location of any structure for which a permit is required under the Uniform Statewide Building Code and to any improvement shown on a site development plan pursuant to section 32.0 of this chapter. (Amended 11- 15-89; 10-17-01) (S 4.2.3,12-10-80,11-15-89; Ord. 01-18(7),10-17-01) 4.2.3.1 No structure or improvement shall be located on any lot or parcel in any area other than a building site. (Amended 11-15-89) 4.2.3.2 No structure or improvement nor earth disturbing activity to establish such structure or improvement shall be located on slopes of twenty-five (25) percent or greater except as otherwise permitted under section 4.2.4 LOCATION OF SEPTIC SYSTEMS (Amended 11-11-87) In the review for and issuance of a permit for the installation of a septic system, the Virginia Department of Health shall be mindful of the intent of this section, and particularly mindful of the intent to discourage location of septic tanks and/or drain fields on slopes of twenty (20) percent or greater. Septic system location shall be restricted to the approved building site. (Amended 11-1-87; 9-9-92) 4.14.3 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Revision to Personnel Policies AGENDA DATE: January 3, 2007 SU BJ ECT/PROPOSALlREQU EST: Requesting approval for revisions to County Grievance Procedure and Sexual Harassment Policy ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, White, Davis, Trank, Suyes, Roberman ATTACHMENTS: Yes ,/' 7 REVIEWED BY: LEGAL REVIEW: Yes ! i . j~11 t' 0' ... t" //. /1 BACKGROUND: The County Attorney's Office, assisted by the Human Resources Department, has been engaged in a comprehensive revision of the County's Personnel Policy Manual during the past year in order to update existing policies in a number of areas. Two specific policies are brought forward at the present time for approval as part of this update process: (1) Employee Grievance Procedure and (2) Sexual Harassment. Employee Grievance Procedure: In the 2006 session of the Virginia General Assembly, special legislation sponsored by Delegate David Toscano authorized the County to utilize an administrative hearing officer in all employee grievance hearings. Currently, the County is required to use a 3-member panel in all grievance hearings, except cases involving termination or retaliation. State government agencies (including UVA) have successfully utilized the administrative hearing officer format since the mid-1990's, when state law governing employee grievances eliminated the panel selection method. Since then, localities throughout Virginia have sought similar authority to utilize this format. In 2006, the General Assembly granted Albemarle County authorization to implement this change. This legislation requires the County to adopt the changed format on or before June 30, 2007. The proposed policy incorporates this change and clarifies the grievance procedure in several other areas, detailed more specifically below. Sexual Harassment: The County's current policy regarding sexual harassment has not been updated in a number of years and is outdated. Current policy does not reflect changes to federal law addressing sexual harassment and has been the subject of review and discussion as the County embarks upon a new employee training program in this area. The revised sexual harassment policy is much more comprehensive and specific. It should provide much-needed guidance and direction to all employees and should serve as a strong basis to support employee training. STRATEGIC PLAN: 4.1.2 Quality Place of Employment DISCUSSION: Employee Grievance Procedure: The substantive changes to the grievance procedure can be summarized as follows: 1. Change from Panel to Hearing Officer: The change from a hearing panel to the administrative hearing officer is reflected in section XII of the revised policy. Under this change, an administrative hearing officer selected from the list of qualified hearing officers maintained by the Virginia Supreme Court or the Virginia Department of Employment Dispute Resolution will preside over employee grievances. The hearing itself will be conducted according to the same procedures that exist under current policy. The employee retains all other rights under current policy; e.g., the rights to legal representation, to call and cross- examine witnesses, introduce exhibits, etc. - AGENDA TITLE: Revision to Personnel Policies January 3, 2007 Page 2 The County Attorney's Office and the Human Resources Department believe that utilizing a single administ"ative hearing officer will result in an improved process for handling employee grievances. Under the current panel method, it can often take several months merely to select a panel and schedule a hearing, resulting in delays that affect the ability to resolve employee grievances efficiently and fairly. In addition, panels often experience difficulty in deciding issues involving the admissibility of evidence and related matters, and lack the expertise in employment and personnel law that trained administrative hearing officers typically have. With this change, the County's ability to afford an immediate and impartial method for the resolution of disputes that may arise between County government and employees in County service will be improved. 2. Coverage of Employees. Employees with the Commission on Children and Families will now be covered under the County grievance procedure, as a result of Board action making the County the fiscal agent for the Commission. This change is reflected in section II (A). 3. Change to Step 1 Procedure. The proposed policy modifies the current requirement that an employee meet with his immediate supervisor at the beginning of the process, even where the decision being grieved was made at a higher level. In such cases, the Step 1 meeting would occur between the employee and the supervisor whose decision is being grieved, rather than requiring the employee to meet with a lower-level supervisor who lacks authority to review or change the decision. This change is reflected in section IX (C). Sexual Harassment: Employees throughout the County will be better-served having specific, detailed guidance regarding their rights and responsibilities under the proposed, revised policy. The revised policy defines (in section III) the different kinds of sexual harassment that courts and other bodies have recognized, and sets forth specific examples (also in section III) of sexual harassment that violate the policy. The Human Resources Department will utilize the policy for training purposes, both at the initial hiring stage and as part of ongoing employee training that will begin in 2007. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolutions, which will approve the proposed changes to Personnel Policy P-03 and P-21. ATTACHMENTS: A - Resolution approving Personnel Policy P-03, Employee Grievance Procedure B - Resolution approving Personnel Policy P-21, Sexual Harassment 06.196 Attachment A RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the grievance procedure for County employees; and WHEREAS, the 2006 General Assembly granted Albemarle County enabling authority to establish an administrative hearing officer format for grievance hearings; and \VHEREAS, the Board desires to implement the hearing officer fomlat and make other appropriate updates and modifications. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-03, Employee Grievance Procedure, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3,2007. 1, Ella W. Carey, do hereby certify that the foregoing writing is a true and conect copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of to as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Donier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant ALBEMARLE COUNTY PERSONNEL POLICY Employee Grievance Procedure Policy Policy Number: P-03 Date Adopted: I. Objective The purpose of the Albemarle County Grievance Procedure is to afford an immediate and impartial method for the resolution of disputes that may arise between the County government and employees in County service. II. Coverage of Grievance Procedure A. This procedure applies to all non-probationary employees in regular full-time and regular part-time positions in: 1. Albemarle County Local Government; 2. The Department of Social Services of Albemarle County, in accordance with Virginia Code S 15.2-1507(A)(4); 3. The Charlottesville-Albemarle-University of Virginia Emergency Communications Center; and 4. The Commission on Children and Families. B. This procedure shall not apply to the following employees: 1. Appointees of the Board of Supervisors; 2. Officials and employees who by law serve at the will or pleasure of the Board of Supervisors or the County Executive; 3. Deputies and Assistants to the County Executive; 4. Department and agency heads; 5. Employees whose terms of employment are limited by law; 6. Employees in temporary, on-call or seasonal positions; 7. Probationary employees; 8. Any law enforcement officer whose grievance is subject to the provisions of the Law Enforcement Officers Procedural Guarantee Act, Virginia Code S 9.1-500 et seq., and who has elected to proceed pursuant to such provisions in the resolution of his of her grievance; or 9. Any other employee who elects to proceed pursuant to any other existing procedure in the resolution of his of her grievance. C. The County Executive or his designee shall determine the officers and employees excluded from the grievance procedure, pursuant to section I/(B) above, and shall be responsible for maintaining an up-to-date list of the affected positions (See Appendix to the Grievance Procedure, Positions Not Covered by the Grievance Procedure). 1 III. Definitions County Attorney shall mean either the County Attorney or his designee. County Executive shall mean either the County Executive or his designee. Grievance shall mean a complaint or dispute by an employee eligible to use this procedure relating to his or her employment, including but not limited to: (a) disciplinary actions, including dismissals, demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (b) the application of personnel policies, procedures, rules and regulations; (c) acts of retaliation as the result of using the grievance procedure or of participation in the grievance of another Albemarle County employee; (d) acts of retaliation because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (e) complaints of discrimination on the basis of race, gender, religion, political affiliation, age, disability or national origin. Grievant shall mean an eligible employee who has filed a complaint under this procedure. Human Resources Director shall mean either the Human Resources Director or his designee. Management shall mean the Board of SupeNisors and its designees who establish policy for Albemarle County. IV. Management Responsibilities Management retains the exclusive right to manage the affairs and operations of County government. Accordingly, the following complaints are nongrievable: (a) establishment and revision of wages or salaries, position classification or general benefits; (b) work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content; (c) the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (d) failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; (e) the methods, means and personnel by which or by whom work activities are to be carried out; 2 (f) termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force, or job abolition, except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance; (g) the hiring, promotion, transfer, assignment and retention of employees within the County; and (h) the relief of employees from duties of the County in emergencies. In any grievance brought under the exception to Section IV(f) above, the County's action shall be upheld upon a showing by the County that: (i) there was a valid business reason for the action, and (ii) the employee was notified of the reason in writing prior to the effective date of the action. V. Human Resources Department Responsibilities The County Human Resources Department ("Human Resources") shall serve as an impartial administrator of this process. Upon the filing of a grievance, Human Resources shall do the following: (a) open a file and assign a number to the grievance; (b) ensure that all parties are aware of the process; (c) provide access to and copies of grievance forms; (d) monitor procedures and time frames; (e) notify either party of noncompliance; (f) be informed of the status of the grievance by both parties at each step; (g) maintain appropriate documentation; and (h) perform all other responsibilities as specified in this Procedure. VI. Grievance Procedure Generally A. For purposes of this procedure, "days" shall be defined as calendar days and time periods shall begin to run on the day following that on which any action is taken or report rendered, without regard to weekends or County-observed holidays. If a time period specified in this procedure ends on a weekend or holiday, the last day of the time period shall be the end of the first business day following the weekend or holiday. For example, a written grievance under Step 1 must be presented to the grievant's immediate supervisor within five (5) days of the supervisor's verbal reply to the informal grievance. The five (5) days shall begin to run on the day after receipt of the supervisor's verbal reply and shall terminate on the fifth day following. If the fifth day is a weekend or holiday, the time period shall terminate at the end of the next full business day. B. Time limits established under this procedure are intended to be strictly construed and enforced. However, in the interests of fairness, such time limits may be extended if both parties agree to such extensions in writing. 3 C. All stages of this procedure beyond Step 1 shall be reduced to writing on forms supplied by Human Resources. At Step 3 and above, the grievant may, at his option, choose to have a representative of his choice, including legal counsel. If the grievant is represented by legal counselor other person(s), the County likewise has the option of being represented by legal counsel, provided that a person may not serve as both a witness and a representative at any Step under this procedure. D. The grievant shall bear any and all costs involved in employing representation and preparing his case at all steps of this procedure, including but not limited to attorneys' fees and expenses and any costs of judicial filings or appeals. E. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of this procedure, without just cause, shall result in a decision in favor of the other party on any grievable issue, provided that the noncomplying party fails to correct the noncompliance within five (5) days of receipt of written notification by the other party of the compliance violation. However, the right of the grievant to correct compliance violations shall not apply to any determinations under Steps 1 through 3, or to grievability determinations, provided that the grievant has previously received written notice of the applicable deadlines for appealing such determinations at the time the determination was rendered but has failed to respond in a timely fashion. F. The County Executive may require a clear written explanation of the basis for any requests for just cause extensions or exceptions, and shall determine all compliance issues. Such determinations by the County Executive are subject to appeal by the grievant by filing a petition with the Circuit Court of Albemarle County within thirty (30) days of the compliance determination. The grievant shall be solely responsible for filing such petition. VII. Grievability A. The County Executive retains sole authority to render decisions regarding grievability, including the question of access to this procedure. In the event that a question regarding grievability arises at any stage of this procedure, the County Executive shall be notified by Human Resources so that a proper decision regarding grievability can be made. A copy of the County Executive's decision concerning grievability shall be sent to the grievant, to the department head and/or immediate supervisor and to Human Resources. B. Decisions by the County Executive that an issue or complaint is not grievable may be appealed by the grievant to the Circuit Court of Albemarle County for a hearing de novo on the issue of grievability as provided in Virginia Code S 15.2-1507(A)(9). Proceedings for the review of the County Executive's decision regarding grievability shall be instituted by filing a notice of appeal with the County Executive within ten (10) days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten (10) days thereafter, the County Executive shall transmit to the 4 Clerk of the Circuit Court of Albemarle County a copy of his decision, a copy of the notice of appeal, and any exhibits that may have been provided in connection with the resolution of the issue of grievability. A list of the evidence furnished to the court shall also be furnished to the grievant. C. The failure of the County Executive to transmit the record shall not prejudice the rights of the grievant. If the County Executive fails to transmit the record within the time required, the Circuit Court, on motion of the grievant, may issue a writ of certiorari requiring the County Executive to transmit the record on or before a certain date. D. Within thirty (30) days of receipt of such records by the clerk, the Circuit Court, sitting without a jury, shall hear the appeal on the record transmitted by the County Executive and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm, reverse or modify the decision of the County Executive. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. E. The issue of grievability may be raised at any step of the Grievance Procedure prior to the hearing officer hearing provided in Section XII of this procedure, or it shall be deemed waived by all parties. Once raised, the issue shall be resolved before further processing of the complaint. A request that grievability be determined shall toll the time limits under this procedure. Time limits shall begin to run again the day after the decision on grievability is made by the County Executive or the Circuit Court. F. The classification of a complaint as nongrievable by either the County Executive or the Circuit Court of Albemarle County shall not be construed to restrict any employee's right to seek, or management's right to provide, customary administrative review of complaints outside the scope of the Grievance Procedure. VIII. Consolidation of Grievances If more than one grievance is filed arising from the same factual circumstances, the County Executive may, at any time prior to a hearing officer hearing, consolidate those grievances for joint processing, including grievability determinations. If consolidation occurs, all time limits set forth in this procedure shall thereafter be calculated from the date of the last filed grievance. Once consolidated, the grievances shall all be processed as a single matter pursuant to this procedure. IX. Step 1 Procedure: Immediate Supervisor Level A. No later than twenty (20) days after the occurrence or condition giving rise to the grievance, the employee affected shall identify the grievance verbally to his immediate supervisor. Within five (5) days of such identification, the immediate supervisor shall give his response to the employee with respect to the particular grievance. The failure 5 of an employee to identify the grievance within the time specified above shall constitute a forfeiture and a waiver of any rights to proceed further and shall terminate the grievance. B. If a satisfactory resolution is not reached by this informal process, the grievant shall notify Human Resources of the intent to file a grievance and shall obtain a copy of Grievance Form A from Human Resources. The grievant shall reduce the grievance to writing on Grievance Form A, identifying specifically and in detail the nature of the grievance and the requested remedy. Such written grievance shall be presented to the immediate supervisor within five (5) days of the supervisor's verbal reply to the oral grievance. The supervisor shall promptly notify and supply a copy of the written grievance to Human Resources. The supervisor shall reply to the employee in writing in response to the written grievance within five (5) days of receiving it. C. If the grievant's supervisor is also his department/agency head, or if the department/agency head decided the matter that is the subject of the grievance, the grievant shall pass by Step 2 of this procedure and proceed immediately to Step 3. If the grievant's supervisor is the County Executive, he shall pass by Step 3 and proceed immediately to Step 4. X. Step 2 Procedure: Department/Agency Head If a satisfactory resolution is not reached at the conclusion of Step 1 as outlined above in Section IX, the grievant shall have the right to appeal as follows. Within five (5) days following receipt of the Step 1 (B) written reply, the grievant shall notify his department/ agency head and the Human Resources Department in writing on Grievance Form A that resolution has not occurred and shall supply the reasons why the grievant believes that resolution has not occurred. The department/agency head shall schedule and hold a meeting with the grievant to review the grievance within five (5) days of receipt of such submission, or on such other date as the parties may mutually agree. The only persons who may be present at this meeting are the grievant and the department/agency head. The meeting may be adjourned to another time or place by agreement of the parties. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the meeting. XI. Step 3 Procedure: County Executive Level A. If a satisfactory resolution is not reached at the termination of Step 2 as outlined above in Section X, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and submit the grievance to the County Executive within five (5) days following receipt of the Step 2 reply. The County Executive shall schedule and hold a meeting with the grievant to review the grievance within ten (10) days of receipt of such submission, or on such other date as the parties may mutually agree. B. The grievant may have legal representation or another representative present at the Step 3 meeting. If the grievant is represented by legal counselor another 6 representative, the County Executive may also have legal counselor another representative present. The grievant shall inform the County in writing of the name of his legal counselor other representative at least two (2) days prior to the Step 3 meeting. Either party may call appropriate witnesses, who shall be present only while actually providing testimony. The County Executive shall, in his sole discretion, determine whether the testimony of witnesses is relevant or, if witnesses have testified, whether additional testimony by other witnesses is necessary. C. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the Step 3 meeting, or on such other date as the parties may mutually agree. XII. Step 4 Procedure: Grievance Hearing A. If a satisfactory resolution is not reached at the termination of Step 3 as outlined above in Section XI, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and request a hearing before an administrative hearing officer ("hearing officer"). The request shall be submitted to Human Resources within five (5) days following receipt of the Step 3 reply. B. Upon receipt of the request for a grievance hearing, Human Resources shall contact the County Attorney and request that he initiate a request to the Supreme Court of Virginia for appointment of a hearing officer to hear and preside over the grievance hearing. The hearing officer shall be appointed by the Executive Secretary of the Supreme Court of Virginia. The appointment shall be made from the list of administrative hearing officers maintained by the Executive Secretary pursuant to the Code of Virginia. In the alternative, the County Attorney may request the appointment of a hearing officer from the Virginia Department of Employment Dispute Resolution. The County shall bear all expenses associated with the hearing officer's services. C. Human Resources and/or the County Attorney shall provide the hearing officer prior to the hearing with a copy of the grievance record and all other documentation relied upon by the County in rendering the decision or action being grieved, and shall provide the grievant with a list of documents furnished to the hearing officer. At least ten (10) days prior to the hearing, the grievant and his attorney or other representative shall be allowed to inspect and copy all documentation supplied by the County to the hearing officer. At least five (5) days prior to the hearing, the grievant and the county shall exchange lists of witnesses and exhibits to be called or introduced at the proceeding. Witnesses or exhibits not disclosed in a timely manner as required by this section shall not be allowed or introduced at the hearing, unless the hearing officer finds good cause shown. XIII. Conduct of Grievance Hearing A. The role of the hearing officer is limited to a determination of whether a grievance filed by an employee is substantiated and what remedy, if any, should be provided. The hearing officer may not formulate or change county policy, rules or procedures. The 7 I hearing officer shall determine whether the grievant has demonstrated, by a preponderance of the evidence, that the action complained of was without cause, or done in violation of a law, rule, regulation or other policy. The hearing officer shall not otherwise substitute his or her judgment for that of management. B. The hearing officer shall conduct the hearing as follows: 1. At the request of either party, the hearing shall be private and limited to the grievant, the hearing officer, the legal counselor other representative of the grievant and the county, appropriate witnesses as they testify, and any court reporters or other official recorders of the hearing. At the request of either party, witnesses shall be separated from the hearing room and allowed to be present only during the time that they actually testify. 2. The hearing officer shall consider the grievance without regard to any proposed disposition (including offers of settlement) by any lower authority, unless the grievant and the County Executive shall agree in writing that the issue(s) shall be so limited. In all other cases, the hearing officer shall consider the matter as if presented to it in the first instance. 3. The hearing officer may at any time ask the parties or their representatives for statements clarifying the issues involved in the grievance. 4. Exhibits, when offered by the grievant or the County, may be received as evidence by the hearing officer, and when so received shall be marked and made a part of the record. 5. Both parties shall have the right to make opening statements, starting with the grievant. After opening statements, the order of the hearing shall be as follows: the grievant shall proceed first, and shall bear the ultimate burden of persuasion. At the conclusion of the grievant's evidence, the County shall have the opportunity to present its evidence. At the conclusion of the County's presentation, the hearing officer shall specifically inquire of all parties whether they have any further evidence to offer or witnesses to be heard. Upon receiving a negative response, the hearing officer shall permit the parties to summarize their cases (beginning with the grievant) and shall then declare the hearing closed. 6. Both parties have the right to offer evidence and cross-examine witnesses, and shall produce such additional evidence as the hearing officer deems necessary for understanding and ruling upon the dispute. There shall be no formal rules of evidence at the hearing; however, the hearing officer shall have the right to determine the relevancy of any evidence offered. All evidence shall be taken in the presence of the hearing officer and the parties, except by mutual consent of the parties. 7. The hearing may be reopened by the hearing officer on his own motion or upon application of either party for good cause shown at any time before a final decision is made. 8 - 8. Upon the request of the hearing officer, the County or the grievant, the Human Resources Director shall insure that a verbatim record of the hearing is made and retained for not less than 12 months. The record may be in writing or by a taped recording. The party requesting the record shall bear the costs of preparation and transcription, including any costs associated with attendance of a court reporter. lif both the grievant and the County request such a record, they shall share equally in all costs incurred. 9. The Human Resources Director or designee may be called upon by the hearing officer or either party as a witness at any time to provide specific policy interpretation or clarification of applicable County policy and these procedures. 10. In any matters not covered by this section, the hearing officer shall determine the applicable procedures to be followed. XIV. Decision of Administrative Hearing Officer A. The hearing officer shall provide a written decision to the County Executive and the grievant, with copies to Human Resources and the County Attorney, no later than twenty (20) calendar days after the completion of the hearing. The decision shall summarize the grievance and the evidence, shall make specific findings of fact, and shall state in full the reasons for the decision, and the remedy (if any) to be granted. The decision of the hearing officer shall be consistent with law and written policy, and as such shall be considered final and binding. B. The question of whether the relief granted by the hearing officer is consistent with applicable law and written policy shall be determined by the County Executive, unless such person has a direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the Commonwealth's Attorney of Albemarle County. The County Executive or Commonwealth's Attorney shall request the hearing officer to reconsider any decision which in his judgment is inconsistent with the laws or written policy applicable to the specific grievance at issue. C. If the hearing officer determines that the grievant prevails on any grievable complaint or dispute, he may remedy that complaint or dispute by ordering that the grievant be reinstated to a former position; awarding back pay; or ordering expungement of information contained in the grievant's personnel file(s) maintained by Human Resources or individual department; or rendering opinions specifying the application or interpretation of County personnel policies and procedures as they may relate to the specific facts of the grievance. The grievant shall not, however, be entitled to any relief that he has not specifically requested in the original written grievance form, unless the parties have mutually agreed otherwise as to alternative relief. D. If, in response to a grievable complaint or dispute, the hearing officer finds that a department head or other County official failed to follow established procedures 9 governing promotion, demotion, transfer, hiring or layoff, the hearing officer shall remand the grievance back to the department head or official with instructions that the actions taken be rescinded, and proper procedures be followed for the matter at issue. In connection with such remand, the hearing officer may make appropriate provisional orders concerning the case. xv. Implementation of Hearing Officer Decision A. The County Executive shall implement any remedy that may be ordered by the hearing officer, provided that such remedy is consistent with applicable law and County personnel policies. If the County Executive determines that the hearing officer decision is not consistent with applicable law or County personnel policies, the following steps shall be taken: 1. The County Executive shall inform the hearing officer and the grievant of his determination within ten (10) days of his receipt of the hearing officer's written decision; and, 2. The County Executive shall not implement the decision of the hearing officer. B. Either party may petition the Albemarle County Circuit Court for a decision regarding implementation of the hearing officer decision. The review of the Circuit Court shall be limited to the question of whether the hearing officer's decision is consistent with provisions of law and written County policy. 10 Attachment B RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the sexual harassment policy for the County; and WHEREAS, the Board finds that an amendment to Personnel Policy P-2l is necessary to clarify and update County policies relating to sexual harassment; NOW, THEREFORE, BE IT RESOL VED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-2l, Sexual Harassment, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3, 2007. 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 by a vote of __ to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 1 ALBEMARLE COUNTY PERSONNEL POLICY Sexual Harassment Policy Policy Number: P-21 Date Adopted: I. POLICY Sexual harassment in the workplace is prohibited by the County because it erodes morale, impairs employees' work ability and violates state and federal law. All employees shall be responsible for abiding by this policy and promoting a workplace that is free of sexual harassment. To ensure employees are informed of the County's Sexual Harassment Policy and trained on their rights and responsibilities under the policy, the Department of Human Resources (HR) will offer sexual harassment training to all new employees within 30 days of employment or appointment to the new position, and will offer training on an ongoing basis to existing employees. It is the department director/office administrator's responsibility to ensure new employees register for training. Additionally, all department directors/office administrators and supervisors should periodically attend refresher training on sexual harassment offered by HR and employees will receive a copy of the policy periodically. II. IDENTIFYING SEXUAL HARASSMENT A. General Guidelines - Acts of sexual harassment shall result in disciplinary action which may include dismissal. Under this policy, sexual harassment occurs whenever unwelcome conduct of a sexual, sex-based or gender-based nature affects a term or condition of employment or creates a hostile or abusive working environment. The conduct is measured against what an objective, reasonable woman or reasonable man, depending on the gender of the complainant, would consider sexually harassing. The complainant need not suffer any physical injury to be a victim of sexual harassment. Sexual harassment may occur by a man against a woman, a woman against a man, a man against a man or a woman against a woman. Sexual harassment may occur by or against an employee, contractor or vendor. Sexual harassment may Occur at the workplace, or away from the workplace, and may occur during or after work hours, if the conduct impacts the complainant's work environment. B. Supervisor Duties - Supervisors and department directors/office administrators are obligated to ensure that their employees are not subjected to sexual harassment from other employees, citizens, customers, contractors or vendors if they know or should have known that such sexually harassing behavior was occurring. C. Supervisor/Subordinate Relationships - Romantic relationships between supervisors and subordinates are never considered legally consensual and shall result 1 - - in transfer or disciplinary action, depending on the circumstances, against one or both of the participants based on the needs of the County. D. Consensual Relationships - Employees involved in consensual relationships have an affirmative duty to notify the other party that continued non-work related contact is unwelcome as a precondition to filing a sexual harassment complaint. E. Refusal to Disclose - The County is not obligated to force an alleged victim of sexual harassment to reveal the name of their harasser if the victim refuses to disclose the name because the victim has talked with the harasser, resolved the matter to their satisfaction and represented in writing that they do not want the County to investigate the incident. However, the manner in which the County will handle these situations will be determined only after interviewing the victim and analyzing the facts and circumstances of each case. F. Retaliation - Retaliation exists when an individual is discriminated against for reporting sexual harassment or for cooperating, giving testimony, or participating in any manner in a sexual harassment investigation, proceeding or hearing. Retaliation is prohibited under this policy. Anyone who is being subjected to retaliation shall report it pursuant to Section IV of the policy and it shall be investigated and resolved in the same manner as sexual harassment complaints. G. Liability - In addition to facing disciplinary action from the County, employees who engage in or permit sexual harassment, including supervisors who know or reasonably should know that such misconduct is occurring in their workplace, may face civil liability under federal anti-discrimination laws, such as Title VII of the Civil Rights Act ("Title VII") . H. False Claims - False allegations of sexual harassment shall constitute violations of the County's standards of conduct and shall be cause for disciplinary action. III. FORMS OF SEXUAL HARASSMENT A. One form of prohibited sexual harassment under this policy occurs when someone: (1) attempts to force an individual to submit to unwelcome sexual advances; (2) requests sexual favors; or (3) engages in unwelcome verbal or physical conduct of a sexual nature when submission is made a term or condition of employment or submission or rejection is used as a basis for employment decisions, including hiring decisions and provision of job benefits or failure to submit alters a term or condition of employment or results in a tangible change in employment status. Employment decisions, terms and conditions of employment and tangible changes in employment status may include promotions, demotions, compensation, termination, performance appraisals, and decisions causing 2 . a significant change of benefits, reassignment with significantly different responsibilities or disciplinary actions. B. Another form of prohibited sexual harassment under the policy occurs through the creation of a hostile work environment when unwelcome conduct of a sexual or gender- based nature unreasonably interferes with an individual's work performance or creates an intimidating, hostile, abusive or offensive work environment. A hostile work environment can be created when any of the following behaviors are directed at another or when a third party overhears or observes such behaviors. The following are examples of behavior that may create a hostile work environment; however, generally, depending on its severity, one single isolated incident will not result in a hostile work environment but may still result in disciplinary action. The behaviors include but are not limited to: 1. Verbal harassment, insults, ridicule or acts of intimidation, aggression or abuse, based on gender 2. Unwanted, intentional touching (i.e., patting, massaging, rubbing, hugging or pinching) 3. Sexual or suggestive remarks about a person's weight, body, clothing, make-up, appearance or hairstyle 4. Demeaning or inappropriate sex-based terms, including intimate or offensive nicknames 5. Subjecting members of one sex to disadvantageous terms or conditions of employment to which members of the other sex are not subjected 6. Displaying or distributing sexually suggestive calendars, magazines, pin-ups, graffiti, pictures, cartoons, posters, software, e-mail or jokes 7. Repeated or continuing use of inappropriate gestures or profanity of a sexual nature 8. Telling sexual jokes or making sexual remarks, including sexual innuendo or comments with a double meaning 9. Unwelcome pressure to date or engage in sexual activities 10. Encouraging others to make inappropriate jokes, comments or advances 11. Commenting to a group on an individual's identification or complaint of sexual harassment 12. Commenting to a group, teasing an individual or telling lies or spreading rumors about issues of a sexual nature 3 13. Engaging in consensual sexual activity on the job 14. Displaying or fondling one's own intimate parts in front of others 15. Making facial expressions such as throwing kisses or licking lips or whistling at another in a sexually suggestive manner 16. Asking intimate or sexually probing questions 17. Boasting of sexual experiences or discussing sexual activities 18. Giving sexually explicit notes or pictures or sexually offensive items to another 19. Stalking an individual by following them, making repeated telephone calls, etc., whether during or after work hours, and either asking them for sexual favors or otherwise harassing them 20. Requesting sexual favors, accompanied by implied or overt threats concerning an individual's employment status or benefits or promise of preferential treatment with regard to an individual's employment status or benefits C. A third form of sexual harassment, sexual assault or battery, is prohibited by this policy and may constitute a crime. Substantiated allegations of sexual assault or battery constitute grounds for disciplinary action, including immediate leave without pay of the alleged harasser pending investigation. A finding of sexual assault or battery constitutes grounds for immediate dismissal. (Sexual assault or battery may include but is not limited to: Unwanted kissing, grabbing, pressing against or fondling of the intimate parts of another's body or rape or forcing another to touch the intimate parts of one's body.) IV. ENFORCEMENT PROCEDURE A. Complaint Procedure - Any person covered by the policy who is being subjected to sexual harassment should tell the offender to stop the behavior unless they are uncomfortable doing so. If they are unable to tell the offender to stop or if the conduct reoccurs after the offender has been told to stop, the person shall make a complaint to their supervisor, department director/office administrator or HR. If a complaint is not made within 300 days of the sexually harassing incident, the County is not obligated to investigate but may do so if, due to the nature of the complaint or the position of the alleged offender, the County concludes that an investigation will further the County's sexual harassment policy. However, if the complainant alleges an incident against an alleged harasser that occurred within 300 days and other incidents that occurred over 300 days ago, then all such incidents shall be considered by the investigator in determining the outcome of the complaint. If a complaint is made against a person who is not in the complainant's department, 4 then the complainant's supervisor or department director/office administrator shall contact and notify HR, which shall notify the alleged harasser's department director/office administrator and initiate an investigation. B. HR Notification - The department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall immediately notify HR concerning a sexual harassment or sexual assault/battery complaint, regardless of whether they believe the complaint is valid, in all cases. If the complaint is made against an employee in the HR Department, the department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall contact the County Attorney's Office for guidance. The County Attorney's Office shall evaluate the complaint and, in consultation with the County Executive, refer the complaint to an appropriate investigator for further action. C. Previous Complaints - If a department director/office administrator, supervisor or other person receives a complaint from an individual who previously complained about sexual harassment, whether or not the new allegations are against the same person, or if the complaint is against a person who has previously been accused of harassment, then HR shall be notified. If the person who receives the complaint is unsure whether a person has previously complained or previously been accused, he shall contact HR. D. Complaint Involving Non-Employee - If a complaint is filed by or against a contractor or vendor or against a customer or citizen, the department involved shall immediately notify HR. If the complaint is founded against a nonemployee, the investigator shall take appropriate action to ensure that the harassment ceases. E. HR Investigation - Upon notice to HR that a complaint of sexual harassment has been filed or received, the following procedures shall be followed: Within five (5) calendar days of receipt of the complaint, HR will issue a Notice of Complaint to the alleged harasser. One or more HR representatives shall conduct confidential, in-depth interviews with the complainant, witnesses, co-workers and the alleged harasser to gather all relevant information. After interviewing all relevant parties, the HR representative(s), in conjunction with the County Attorney's office, shall determine whether or not sexual harassment has occurred based on the evidence gathered during the investigation. The HR representative(s) shall suggest appropriate disciplinary actions in writing, if necessary, (i) to the alleged harasser's department director if the alleged harasser is subordinate to a department director; (ii) to the appropriate assistant county executive if the alleged harasser is a department director or (iii) to the County Executive if the alleged harasser is an assistant county executive or other County official who reports directly to the County Executive. HR shall also inform the complainant of the final outcome of the investigation. The complaint shall be resolved within 60 days if 5 practicable. HR shall maintain all documents regarding sexual harassment in a confidential manner and advise the County Attorney's Office of the results of the investigation once it has been concluded. F. Accused Rights - If accused of an act of sexual harassment, an individual: (1) shall be notified of the complaint as soon as possible, (2) shall be entitled to respond to the complaint; (3) shall receive discipline in conformance with the County's Personnel Policies and Procedures if the charges are substantiated; and (4) shall be entitled to utilize the County's Employee Grievance Procedure if the employee disagrees with the disciplinary action, if the employee is eligible to file a grievance and if the action is grievable. G. Cooperation - All County employees are required to cooperate in sexual harassment investigations. H. Impeding Investigations - Impeding an investigation or otherwise covering up a violation is prohibited. I. Confidentiality - All participants in the investigation, including the complainant and the alleged harasser, shall be required to keep the details and results of any investigation confidential, unless otherwise directed under this policy. However, this requirement shall not prevent communications with legal counselor other legally protected communications, and shall not in any way interfere with rights protected under state or federal law. J. Violation/Discipline - In determining whether a violation of the policy has occurred, the investigator shall consider the totality of the circumstances, the nature of the act and the context in which the incident occurred. HR will make recommendations on situationally appropriate discipline. HR and the County Attorney's office shall be consulted if the department considers discipline that is different than the original recommendation. All violations of this policy, including violation of the retaliation, confidentiality, cooperation, impeding investigations and false/vindictive claims provisions, shall result in disciplinary action up to and including termination in accordance with the County's Personnel Policies and Procedures. Any employee who fails to report a sexual harassment incident to HR pursuant to this procedure or who allows sexual harassment to continue or fails to take appropriate corrective action or retaliates or discriminates against the complainant, or any other individual who cooperates in the investigation, shall be subject to discipline, up to and including termination. A complainant should report such a violation to HR for investigation. K. Interim Remedial Measures - After a complaint is received, interim remedial measures may be taken to protect the individuals involved and/or to protect the interests of the County. Any remedial measure may be reversed or modified pending final resolution of a complaint. L. Follow-up - Once a complaint has been resolved, HR will follow-up with the 6 complainant periodically to ensure that the harassment has ceased and/or no retaliation is occurring. M. Files - The supervisor or department director/office administrator shall ensure that all documents and files regarding a sexual harassment investigation are maintained in a confidential manner and that access to such files is restricted. Sexual harassment files shall be maintained separate and apart from any other files containing employee information. At the time that a supervisor or department director/office administrator leaves their position, all departmental files maintained pursuant to this section shall be delivered to HR. For investigations conducted by HR, all documents, files and final reports shall be maintained in a confidential location in HR. Copies will be forwarded to the County Attorney's office. Upon request, the department director/office administrator and appropriate departmental leadership will be permitted to come to HR to review the report. N. Grievance - Eligible employees may use the County's Employee Grievance Procedure for relief from acts of sexual harassment that are not resolved to the satisfaction of the complainant. The Grievance Procedure time limits shall begin to run after the initial investigation is completed and the complainant is notified of the results. O. Title VII - Individuals may also consult with the Equal Employment Opportunity Commission concerning their rights under Title VII. 7 - - LARRY W. DAVIS COUNTY ATIORNEY COUNTY OF ALBEMARLE Office of County Attorney 401 Mcintire Road, Suite 325 Charlottesville, Virginia 22902-4596 j\1ARK A. THANK CREG KAMPTNER DEPUI'Y COUNlY ATIORNEYS PHONE (434) 972-4067 FAX (434) 972-4068 coun lyattorney@albemarle.org ANDREW H. HERRICK ASSISTANT COUNTY ATIORNEY January 4, 2007 BY HAND The Honorable Shelby 1. MarshalL Clerk Albemarle County Circuit Court 50 I East Jefferson Street Charlottesville, V A 22902 Re: County of Albemarle Grievance Policy Dear Shelby: Pursuant to Virginia Code ~ 15.2-1507(A), please find enclosed a certification that the amended Grievance Policy adopted by the Albemarle County Board of Supervisors on January 3, 2007 is in compliance with state law. Also enclosed is a cO:JY of the Resolution and Grievance Policy adopted by the Board. Please return to me a copy of the Grievance Procedure Certification verifying that it has been filed with the Clerk of the Circuit Court. Please let me know if you have any questions concerning this matter. Thank you for your assistancc. Sincerely, ~~ County Attorney L WI):md Ene I cc: Robert W. Tucker. Jr. )l.:lla W. Care\, Clerk GRIEV ANCE PROCEDURE CERTIFICA TION Pursuant to Virginia Code ~ 15.2-1507(A), the County Executive and the County Attorney for the County of Albemarle hereby certify that the amended Grievance Policy, adopted by the Albemarle County Board of Supervisors on January 3, 2007 and attached hereto, is in compliance with applicable state law. COUNTY OF ALBEMARLE, VIRGINIA (' ::Z ~~ ~PfviS OU;1ty Attorney RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the grievance procedure for County employees; and WHEREAS, the 2006 General Assembly granted Albemarle County enabling authority to establish an administrative hearing officer format for grievance hearings; and WHEREAS, the Board desires to implement the hearing officer format and make other appropriate updates and modifications. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-03, Employee Grievance Procedure, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3, 2007. 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 by a vote of six to zero, as recorded below, at a meeting held on January 3, 2007. ti {UAAJ e Clerk, Board of County ~rs Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y ALBEMARLE COUNTY ADMINISTRATIVE POLICIES AND PROCEDURES Department: Human Resources Subject: Employee Grievance Procedure Policy Number: P-03 Date Adopted: January 3, 2007 I. Objective The purpose of the Albemarle County Grievance Procedure is to afford an immediate and impartial method for the resolution of disputes that may arise between the County government and employees in County service. II. Coverage of Grievance Procedure A. This procedure applies to all non-probationary employees in regular full-time and regular part-time positions in: 1. Albemarle County Local Government; 2. The Department of Social Services of Albemarle County, in accordance with Virginia Code S 15.2-1507(A)(4); 3. The Charlottesville-Albemarle-University of Virginia Emergency Communications Center; and 4. The Commission on Children and Families. B. This procedure shall not apply to the following employees: 1. Appointees of the Board of Supervisors; 2. Officials and employees who by law serve at the will or pleasure of the Board of Supervisors or the County Executive; 3. Deputies and Assistants to the County Executive; 4. Department and agency heads; 5. Employees whose terms of employment are limited by law; 6. Employees in temporary, on-call or seasonal positions; 7. Probationary employees; 8. Any law enforcement officer whose grievance is subject to the provisions of the Law Enforcement Officers Procedural Guarantee Act, Virginia Code S 9.1-500 et seq., and who has elected to proceed pursuant to such provisions in the resolution of his of her grievance; or 9. Any other employee who elects to proceed pursuant to any other existing procedure in the resolution of his of her grievance. C. The County Executive or his designee shall determine the officers and employees excluded from the grievance procedure, pursuant to section II(B) above, and shall be responsible for maintaining an up-to-date list of the affected positions (See Appendix to the Grievance Procedure, Positions Not Covered by the Grievance Procedure). 1 III. Definitions County Attorney shall mean either the County Attorney or his designee. County Executive shall mean either the County Executive or his designee. Grievance shall mean a complaint or dispute by an employee eligible to use this procedure relating to his or her employment, including but not limited to: (a) disciplinary actions, including dismissals, demotions and suspensions, provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (b) the application of personnel policies, procedures, rules and regulations; (c) acts of retaliation as the result of using the grievance procedure or of participation ir. the grievance of another Albemarle County employee; (d) acts of retaliation because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (e) complaints of discrimination on the basis of race, gender, religion, political affiliation, age, disability or national origin. Grievant shall mean an eligible employee who has filed a complaint under this procedure. Human Resources Director shall mean either the Human Resources Director or his designee. Management shall mean the Board of Supervisors and its designees who establish policy for Albemarle County. IV. Management Responsibilities Management retains the exclusive right to manage the affairs and operations of County government. Accordingly, the following complaints are nongrievable: (a) establishment and revision of wages or salaries, position classification or general benefits; (b) work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of the job content; (c) the contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; (d) failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; (e) the methods, means and personnel by which or by whom work activities are to be carried out; 2 (f) termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force, or job abolition, except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance; (g) the hiring, promotion, transfer, assignment and retention of employees within the County; and (h) the relief of employees from duties of the County in emergencies. In any grievance brought under the exception to Section IV(f) above, the County's action shall be upheld upon a showing by the County that: (i) there was a valid business reason for the action, and (ii) the employee was notified of the reason in writing prior to the effective date of the action. V. Human Resources Department Responsibilities The County Human Resources Department ("Human Resources") shall serve as an impartial administrator of this process. Upon the filing of a grievance, Human Resources shall do the following: (a) open a file and assign a number to the grievance; (b) ensure that all parties are aware of the process; (c) provide access to and copies of grievance forms; (d) monitor procedures and time frames; (e) notify either party of noncompliance; (f) be informed of the status of the grievance by both parties at each step; (g) maintain appropriate documentation; and (h) perform all other responsibilities as specified in this Procedure. VI. Grievance Procedure Generally A. For purposes of this procedure, "days" shall be defined as calendar days and time periods shall begin to run on the day following that on which any action is taken or report rendered, without regard to weekends or County-observed holidays. If a time period specified in this procedure ends on a weekend or holiday, the last day of the time period shall be the end of the first business day following the weekend or holiday. For example, a written grievance under Step 1 must be presented to the grievant's immediate supervisor within five (5) days of the supervisor's verbal reply to the informal grievance. The five (5) days shall begin to run on the day after receipt of the supervisor's verbal reply and shall terminate on the fifth day following. If the fifth day is a weekend or holiday, the time period shall terminate at the end of the next full business day. B. Time limits established under this procedure are intended to be strictly construed and enforced. However, in the interests of fairness, such time limits may be extended if both parties agree to such extensions in writing. 3 C. All stages of this procedure beyond Step 1 shall be reduced to writing on forms supplied by Human Resources. At Step 3 and above, the grievant may, at his option, choose to have a representative of his choice, including legal counsel. If the grievant is represented by legal counselor other person(s), the County likewise has the option of being represented by legal counsel, provided that a person may not serve as both a witness and a representative at any Step under this procedure. D. The grievant shall bear any and all costs involved in employing representation and preparing his case at all steps of this procedure, including but not limited to attorneys' fees and expenses and any costs of judicial filings or appeals. E. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of this procedure, without just cause, shall result in a decision in favor of the other party on any grievable issue, provided that the noncomplying party fails to correct the noncompliance within five (5) days of receipt of written notification by the other party of the compliance violation. However, the right of the grievant to correct compliance violations shall not apply to any determinations under Steps 1 through 3, or to grievability determinations, provided that the grievant has previously received written notice of the applicable deadlines for appealing such determinations at the time the determination was rendered but has failed to respond in a timely fashion. F. The County Executive may require a clear written explanation of the basis for any requests for just cause extensions or exceptions, and shall determine all compliance issues. Such determinations by the County Executive are subject to appeal by the grievant by filing a petition with the Circuit Court of Albemarle County within thirty (30) days of the compliance determination. The grievant shall be solely responsible for filing such petition. VII. Grievability A. The County Executive retains sole authority to render decisions regarding grievability, including the question of access to this procedure. In the event that a question regarding grievability arises at any stage of this procedure, the County Executive shall be notified by Human Resources so that a proper decision regarding grievability can be made. A copy of the County Executive's decision concerning grievability shall be sent to the grievant, to the department head and/or immediate supervisor and to Human Resources. B. Decisions by the County Executive that an issue or complaint is not grievable may be appealed by the grievant to the Circuit Court of Albemarle County for a hearing de novo on the issue of grievability as provided in Virginia Code S 15.2-1507(A)(9). Proceedings for the review of the County Executive's decision regarding grievability shall be instituted by filing a notice of appeal with the County Executive within ten (10) days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten (10) days thereafter, the County Executive shall transmit to the 4 Clerk of the Circuit Court of Albemarle County a copy of his decision, a copy of the notice of appeal, and any exhibits that may have been provided in connection with the resolution of the issue of grievability. A list of the evidence furnished to the court shall also be furnished to the grievant. C. The failure of the County Executive to transmit the record shall not prejudice the rights of the grievant. If the County Executive fails to transmit the record within the time required, the Circuit Court, on motion of the grievant, may issue a writ of certiorari requiring the County Executive to transmit the record on or before a certain date. D. Within thirty (30) days of receipt of such records by the clerk, the Circuit Court, sitting without a jury, shall hear the appeal on the record transmitted by the County Executive and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm, reverse or modify the decision of the County Executive. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. E. The issue of grievability may be raised at any step of the Grievance Procedure prior to the hearing officer hearing provided in Section XII of this procedure, or it shall be deemed waived by all parties. Once raised, the issue shall be resolved before further processing of the complaint. A request that grievability be determined shall toll the time limits under this procedure. Time limits shall begin to run again the day after the decision on grievability is made by the County Executive or the Circuit Court. F. The classification of a complaint as nongrievable by either the County Executive or the Circuit Court of Albemarle County shall not be construed to restrict any employee's right to seek, or management's right to provide, customary administrative review of complaints outside the scope of the Grievance Procedure. VIII. Consolidation of Grievances If more than one grievance is filed arising from the same factual circumstances, the County Executive may, at any time prior to a hearing officer hearing, consolidate those grievances for joint processing, including grievability determinations. If consolidation occurs, all time limits set forth in this procedure shall thereafter be calculated from the date of the last filed grievance. Once consolidated, the grievances shall all be processed as a single matter pursuant to this procedure. IX. Step 1 Procedure: Immediate Supervisor Level A. No later than twenty (20) days after the occurrence or condition giving rise to the grievance, the employee affected shall identify the grievance verbally to his immediate 5 supervisor. Within five (5) days of such identification, the immediate supervisor shall give his response to the employee with respect to the particular grievance. The failure of an employee to identify the grievance within the time specified above shall constitute a forfeiture and a waiver of any rights to proceed further and shall terminate the grievance. B. If a satisfactory resolution is not reached by this informal process, the grievant shall notify Human Resources of the intent to file a grievance and shall obtain a copy of Grievance Form A from Human Resources. The grievant shall reduce the grievance to writing on Grievance Form A, identifying specifically and in detail the nature of the grievance and the requested remedy. Such written grievance shall be presented to the immediate supervisor within five (5) days of the supervisor's verbal reply to the oral grievance. The supervisor shall promptly notify and supply a copy of the written grievance to Human Resources. The supervisor shall reply to the employee in writing in response to the written grievance within five (5) days of receiving it. C. If the grievant's supervisor is also his department/agency head, or if the department/agency head decided the matter that is the subject of the grievance, the grievant shall pass by Step 2 of this procedure and proceed immediately to Step 3. If the grievant's supervisor is the County Executive, he shall pass by Step 3 and proceed immediately to Step 4. X. Step 2 Procedure: Department/Agency Head If a satisfactory resolution is not reached at the conclusion of Step 1 as outlined above in Section IX, the grievant shall have the right to appeal as follows. Within five (5) days following receipt of the Step 1 (B) written reply, the grievant shall notify his department/ agency head and the Human Resources Department in writing on Grievance Form A that resolution has not occurred and shall supply the reasons why the grievant believes that resolution has not occurred. The department/agency head shall schedule and hold a meeting with the grievant to review the grievance within five (5) days of receipt of such submission, or on such other date as the parties may mutually agree. The only persons who may be present at this meeting are the grievant and the department/agency head. The meeting may be adjourned to another time or place by agreement of the parties. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the meeting. XI. Step 3 Procedure: County Executive Level A. If a satisfactory resolution is not reached at the termination of Step 2 as outlined above in Section X, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and submit the grievance to the County Executive within five (5) days following receipt of the Step 2 reply. The County Executive shall schedule and hold a meeting with the grievant to review the grievance within ten (10) days of receipt of such submission, or on such other date as the parties may mutually agree. 6 B. The grievant may have legal representation or another representative present at the Step 3 meeting. If the grievant is represented by legal counselor another representative, the County Executive may also have legal counselor another representative present. The grievant shall inform the County in writing of the name of his legal counselor other representative at least two (2) days prior to the Step 3 meeting. Either party may call appropriate witnesses, who shall be present only while actually providing testimony. The County Executive shall, in his sole discretion, determine whether the testimony of witnesses is relevant or, if witnesses have testified, whether additional testimony by other witnesses is necessary. C. A written reply to the grievance shall be provided to the grievant (with a copy to Human Resources) within five (5) days after the Step 3 meeting, or on such other date as the parties may mutually agree. XII. Step 4 Procedure: Grievance Hearing A. If a satisfactory resolution is not reached at the termination of Step 3 as outlined above in Section XI, the grievant shall notify Human Resources, indicate on Grievance Form A that resolution has not occurred and request a hearing before an administrative hearing officer ("hearing officer"). The request shall be submitted to Human Resources within five (5) days following receipt of the Step 3 reply. B. Upon receipt of the request for a grievance hearing, Human Resources shall contact the County Attorney and request that he initiate a request to the Supreme Court of Virginia for appointment of a hearing officer to hear and preside over the grievance hearing. The hearing officer shall be appointed by the Executive Secretary of the Supreme Court of Virginia. The appointment shall be made from the list of administrative hearing officers maintained by the Executive Secretary pursuant to the Code of Virginia. In the alternative, the County Attorney may request the appointment of a hearing officer from the Virginia Department of Employment Dispute Resolution. The County shall bear all expenses associated with the hearing officer's services. C. Human Resources and/or the County Attorney shall provide the hearing officer prior to the hearing with a copy of the grievance record and all other documentation relied upon by the County in rendering the decision or action being grieved, and shall provide the grievant with a list of documents furnished to the hearing officer. At least ten (10) days prior to the hearing, the grievant and his attorney or other representative shall be allowed to inspect and copy all documentation supplied by the County to the hearing officer. At least five (5) days prior to the hearing, the grievant and the county shall exchange lists of witnesses and exhibits to be called or introduced at the proceeding. Witnesses or exhibits not disclosed in a timely manner as required by this section shall not be allowed or introduced at the hearing, unless the hearing officer finds good cause shown. 7 XIII. Conduct of Grievance Hearing A. The role of the hearing officer is limited to a determination of whether a grievance filed by an employee is substantiated and what remedy, if any, should be provided. The hearing officer may not formulate or change county policy, rules or procedures. The hearing officer shall determine whether the grievant has demonstrated, by a preponderance of the evidence, that the action complained of was without cause, or done in violation of a law, rule, regulation or other policy. The hearing officer shall not otherwise substitute his or her judgment for that of management. B. The hearing officer shall conduct the hearing as follows: 1. At the request of either party, the hearing shall be private and limited to the grievant, the hearing officer, the legal counselor other representative of the grievant and the county, appropriate witnesses as they testify, and any court reporters or other official recorders of the hearing. At the request of either party, witnesses shall be separated from the hearing room and allowed to be present only during the time that they actually testify. 2. The hearing officer shall consider the grievance without regard to any proposed disposition (including offers of settlement) by any lower authority, unless the grievant and the County Executive shall agree in writing that the issue(s) shall be so limited. In all other cases, the hearing officer shall consider the matter as if presented to it in the first instance. 3. The hearing officer may at any time ask the parties or their representatives for statements clarifying the issues involved in the grievance. 4. Exhibits, when offered by the grievant or the County, may be received as evidence by the hearing officer, and when so received shall be marked and made a part of the record. 5. Both parties shall have the right to make opening statements, starting with the grievant. After opening statements, the order of the hearing shall be as follows: the grievant shall proceed first, and shall bear the ultimate burden of persuasion. At the conclusion of the grievant's evidence, the County shall have the opportunity to present its evidence. At the conclusion of the County's presentation, the hearing officer shall specifically inquire of all parties whether they have any further evidence to offer or witnesses to be heard. Upon receiving a negative response, the hearing officer shall permit the parties to summarize their cases (beginning with the grievant) and shall then declare the hearing closed. 6. Both parties have the right to offer evidence and cross-examine witnesses, and shall produce such additional evidence as the hearing officer deems necessary for understanding and ruling upon the dispute. There shall be no formal rules of evidence at the hearing; however, the hearing officer shall have the right to determine 8 the relevancy of any evidence offered. All evidence shall be taken in the presence of the hearing officer and the parties, except by mutual consent of the parties. 7. The hearing may be reopened by the hearing officer on his own motion or upon application of either party for good cause shown at any time before a final decision is made. 8. Upon the request of the hearing officer, the County or the grievant, the Human Resources Director shall insure that a verbatim record of the hearing is made and retained for not less than 12 months. The record may be in writing or by a taped recording. The party requesting the record shall bear the costs of preparation and transcription, including any costs associated with attendance of a court reporter. If both the grievant and the County request such a record, they shall share equally in all costs incurred. 9. The Human Resources Director or designee may be called upon by the hearing officer or either party as a witness at any time to provide specific policy interpretation or clarification of applicable County policy and these procedures. 10. In any matters not covered by this section, the hearing officer shall determine the applicable procedures to be followed. XIV. Decision of Administrative Hearing Officer A. The hearing officer shall provide a written decision to the County Executive and the grievant, with copies to Human Resources and the County Attorney, no later than twenty (20) calendar days after the completion of the hearing. The decision shall summarize the grievance and the evidence, shall make specific findings of fact, and shall state in full the reasons for the decision, and the remedy (if any) to be granted. The decision of the hearing officer shall be consistent with law and written policy, and as such shall be considered final and binding. B. The question of whether the relief granted by the hearing officer is consistent with applicable law and written policy shall be determined by the County Executive, unless such person has a direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the Commonwealth's Attorney of Albemarle County. The County Executive or Commonwealth's Attorney shall request the hearing officer to reconsider any decision which in his judgment is inconsistent with the laws or written policy applicable to the specific grievance at issue. C. If the hearing officer determines that the grievant prevails on any grievable complaint or dispute, he may remedy that complaint or dispute by ordering that the grievant be reinstated to a former position; awarding back pay; or ordering expungement of information contained in the grievant's personnel file(s) maintained by Human Resources or individual department; or rendering opinions specifying the application or interpretation of County personnel policies and procedures as they may relate to the 9 specific facts of the grievance. The grievant shall not, however, be entitled to any relief that he has not specifically requested in the original written grievance form, unless the parties have mutually agreed otherwise as to alternative relief. D. If, in response to a grievable complaint or dispute, the hearing officer finds that a department head or other County official failed to follow established procedures governing promotion, demotion, transfer, hiring or layoff, the hearing officer shall remand the grievance back to the department head or official with instructions that the actions taken be rescinded, and proper procedures be followed for the matter at issue. In connection with such remand, the hearing officer may make appropriate provisional orders concerning the case. . XV. Implementation of Hearing Officer Decision A. The County Executive shall implement any remedy that may be ordered by the hearing officer, provided that such remedy is consistent with applicable law and County personnel policies. If the County Executive determines that the hearing officer decision is not consistent with applicable law or County personnel policies, the following steps shall be taken: 1. The County Executive shall inform the hearing officer and the grievant of his determination within ten (10) days of his receipt of the hearing officer's written decision; and, 2. The County Executive shall not implement the decision of the hearing officer. B. Either party may petition the Albemarle County Circuit Court for a decision regarding implementation of the hearing officer decision. The review of the Circuit Court shall be limited to the question of whether the hearing officer's decision is consistent with provisions of law and written County policy. 10 RESOLUTION WHEREAS, the County of Albemarle Personnel Policy Manual sets forth the sexual harassment policy for the County; and WHEREAS, the Board finds that an amendment to Personnel Policy P-21 is necessary to clarify and update County policies relating to sexual harassment; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby adopts Personnel Policy P-21, Sexual Harassment, of the County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective January 3, 2007. 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 by a vote of six to zero, as recorded below, at a meeting held on January 3,2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y - ALBEMARLE COUNTY PERSONNEL POLICY Sexual Harassment Policy Policy Number: P-21 Date Adopted: January 3,2007 I. POLICY Sexual harassment in the workplace is prohibited by the County because it erodes morale, impairs employees' work ability and violates state and federal law. All employees shall be responsible for abiding by this policy and promoting a workplace that is free of sexual harassment. To ensure employees are informed of the County's Sexual Harassment Policy and trained on their rights and responsibilities under the policy, the Department of Human Resources (HR) will offer sexual harassment training to all new employees within 30 days of employment or appointment to the new position, and will offer training on an ongoing basis to existing employees. It is the department director/office administrator's responsibility to ensure new employees register for training. Additionally, all department directors/office administrators and supervisors should periodically attend refresher training on sexual harassment offered by HR and employees will receive a copy of the policy periodically. II. IDENTIFYING SEXUAL HARASSMENT A. General Guidelines - Acts of sexual harassment shall result in disciplinary action which may include dismissal. Under this policy, sexual harassment occurs whenever unwelcome conduct of a sexual, sex-based or gender-based nature affects a term or condition of employment or creates a hostile or abusive working environment. The conduct is measured against what an objective, reasonable woman or reasonable man, depending on the gender of the complainant, would consider sexually harassing. The complainant need not suffer any physical injury to be a victim of sexual harassment. Sexual harassment may occur by a man against a woman, a woman against a man, a mall against a man or a woman against a woman. Sexual harassment may occur by or against an employee, contractor or vendor. Sexual harassment may occur at the workplace, or away from the workplace, and may occur during or after work hours, if the conduct impacts the complainant's work environment. B. Supervisor Duties - Supervisors and department directors/office administrators are obligated to ensure that their employees are not subjected to sexual harassment from other employees, citizens, customers, contractors or vendors if they know or should have known that such sexually harassing behavior was occurring. C. Supervisor/Subordinate Relationships - Romantic relationships between supervisors and subordinates are never considered legally consensual and shall result in transfer or disciplinary action, depending on the circumstances, against one or both of the participants based on the needs of the County. D. Consensual Relationships - Employees involved in consensual relationships have an affirmative duty to notify the other party that continued non-work related contact is unwelccme as a precondition to filing a sexual harassment complaint. E. Refusal to Disclose - The County is not obligated to force an alleged victim of sexual harassment to reveal the name of their harasser if the victim refuses to disclose the name because the victim has talked with the harasser, resolved the matter to their satisfaction and represented in writing that they do not want the County to investigate the incident. However, the manner in which the County will handle these situations will be determined only after interviewing the victim and analyzing the facts and circumstances of each case. 1 F. Retaliation - Retaliation exists when an individual is discriminated against for reporting sexual harassment or for cooperating, giving testimony, or participating in any manner in a sexual harassment investigation, proceeding or hearing. Retaliation is prohibited under this policy. Anyone who is being subjected to retaliation shall report it pursuant to Section IV of the policy and it shall be investigated and resolved in the same manner as sexual harassment complaints. G. Liability - In addition to facing disciplinary action from the County, employees who engage in or permit sexual harassment, including supervisors who know or reasonably should know that such misconduct is occurring in their workplace, may face civil liability under federal anti-discrimination laws, such as Title VII of the Civil Rights Act ("Title VII"). H. False Claims - False allegations of sexual harassment shall constitute violations of the County's standards of conduct and shall be cause for disciplinary action. III. FORMS OF SEXUAL HARASSMENT A. One form of prohibited sexual harassment under this policy occurs when someone: (1) attempts to force an individual to submit to unwelcome sexual advances; (2) requests sexual favors; or (3) engages in unwelcome verbal or physical conduct of a sexual nature when submission is made a term or condition of employment or submission or rejection is used as a basis for employment decisions, including hiring decisions and provision of job benefits or failure to submit alters a term or condition of employment or results in a tangible change in employment status. Employment decisions, terms and conditions of employment and tangible changes in employment status may include promotions, demotions, compensation, termination, performance appraisals, and decisions causing a significant change of benefits, reassignment with significantly different responsibilities or disciplinary actions. B. Another form of prohibited sexual harassment under the policy occurs through the creati01 of a hostile work environment when unwelcome conduct of a sexual or gender-based nature unreasonably interferes with an individual's work performance or creates an intimidating, hostile, abusive or offensive work environment. A hostile work environment can be created when any of the following behaviors are directed at another or when a third party overhears or observes such behaviors. The following are examples of behavior that may create a hostile work environment; however, generally, depending on its severity, one single isolated incident will not result in a hostile work environment but may still result in disciplinary action. The behaviors include but are not limited to: 1. Verbal harassment, insults, ridicule or acts of intimidation, aggression or abuse, based on gender; 2. Unwanted, intentional touching (i.e., patting, massaging, rubbing, hugging or pinching); 3. Sexual or suggestive remarks about a person's weight, body, clothing, make-up, appearance or hairstyle; 4. Demeaning or inappropriate sex-based terms, including intimate or offensive nicknames; 5. Subjecting members of one sex to disadvantageous terms or conditions of employment to which members of the other sex are not subjected; 2 6. Displaying or distributing sexually suggestive calendars, magazines, pin-ups, graffiti, pictures, cartoons, posters, software, e-mail or jokes; 7. Repeated or continuing use of inappropriate gestures or profanity of a sexual nature; 8. Telling sexual jokes or making sexual remarks, including sexual innuendo or comllents with a double meaning; 9. Unwelcome pressure to date or engage in sexual activities; 10. Encouraging others to make inappropriate jokes, comments or advances; 11. Commenting to a group on an individual's identification or complaint of sexual harassment; 12. Commenting to a group, teasing an individual or telling lies or spreading rumors about issues of a sexual nature; 13. Engaging in consensual sexual activity on the job; 14. Displaying or fondling one's own intimate parts in front of others; 15. Making facial expressions such as throwing kisses or licking lips or whistling at another in a sexually suggestive manner; 16. Asking intimate or sexually probing questions; 17. Boasting of sexual experiences or discussing sexual activities; 18. Giving sexually explicit notes or pictures or sexually offensive items to another; 19. Stalking an individual by following them, making repeated telephone calls, etc., whether during or after work hours, and either asking them for sexual favors or otherwise harassing them; or 20. Requesting sexual favors, accompanied by implied or overt threats concerning an individual's employment status or benefits or promise of preferential treatment with regard to an individual's employment status or benefits. C. A third form of sexual harassment, sexual assault or battery, is prohibited by this policy and may constitute a crime. Substantiated allegations of sexual assault or battery constitute grounds for disciplinary action, including immediate leave without pay of the alleged harasser pending investigation. A finding of sexual assault or battery constitutes grounds for immediate dismissal. (Sexual assault or battery may include but is not limited to: Unwanted kissing, grabbing, pressing against or fondling of the intimate parts of another's body or rape or forcing another to touch the intimate parts of one's body.) N. ENFORCEMENT PROCEDURE A. Complaint Procedure - Any person covered by the policy who is being subjected to sexual harassment should tell the offender to stop the behavior unless they are uncomfortable doing so. If they are unable to tell the offender to stop or if the conduct reoccurs after the offender has been told to stop, the person shall make a complaint to their supervisor, department director/office administrator or HR. If a complaint is not made within 300 days of the sexually harassing incident, the County is not 3 - obligated to investigate but may do so if, due to the nature of the complaint or the position of the alleged offender, the County concludes that an investigation will further the County's sexual harassment policy. However, if the complainant alleges an incident against an alleged harasser that Occurred within 300 days and other incidents that occurred over 300 days ago, then all such incidents shall be considered by the investigator in determining the outcome of the complaint. If a complaint is made against a person who is not in the complainant's department, then the complainant's supervisor or department director/office administrator shall contact and notify HR, which shall notify the alleged harasser's department director/office administrator and initiate an investigation. B. HR Notification - The department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall immediately notify HR concerning a sexual harassment or sexual assaulUbattery complaint, regardless of whether they believe the complaint is valid, in all cases. If the complaint is made against an employee in the HR Department, the department director/office administrator, supervisor (or other person to whom a sexual harassment complaint is made) shall contact the County Attorney's Office for guidance. The County Attorney's Office shall evaluate the complaint and, in consultation with the County Executive, refer the complaint to an appropriate investigator for further action. C. Previous Complaints - If a department director/office administrator, supervisor or other person receives a complaint from an individual who previously complained about sexual harassment, whether or not the new allegations are against the same person, or if the complaint is against a person who has previously been accused of harassment, then HR shall be notified. If the person who receives the complaint is unsure whether a person has previously complained or previously been accused, he shall contact HR. D. Complaint Involving Non-Employee - If a complaint is filed by or against a contractor or vendor or against a customer or citizen, the department involved shall immediately notify HR. If the complaint is founded against a nonemployee, the investigator shall take appropriate action to ensure that the harassment ceases. E. HR Investigation - Upon notice to HR that a complaint of sexual harassment has been filed or received, the following procedures shall be followed: Within five (5) calendar days of receipt of the complaint, HR will issue a Notice of Complain: to the alleged harasser. One or more HR representatives shall conduct confidential, in-depth interviews with the complainant, witnesses, CO-workers and the alleged harasser to gather all relevant information. After interviewing all relevant parties, the HR representative(s), in conjunction with the County Attorney's office, shall determine whether or not sexual harassment has Occurred based on the evidence gathered during the investigation. The HR representative(s) shall suggest appropriate disciplinary actions in writing, if necessary, (i) to the alleged harasser's department director if the alleged harasser is subordinate to a department director; (ii) to the appropriate assistant county executive if the alleged harasser is a department director or (iii) to the County Executive if the alleged harasser is an assistant county executive or other County official who reports directly to the County Executive. HR shall also inform the complainant of the final outcome of the investigation. The complaint shall be resolved within 60 days if practicable. HR shall maintain all documents regarding sexual harassment in a confidential manner and advise the County Attorney's Office of the results of the investigation once it has been concluded. 4 F. Accused Rights - If accused of an act of sexual harassment, an individual: (1) shall be notified of the complaint as Soon as possible, (2) shall be entitled to respond to the complaint; (3) shall - receive discipline in conformance with the County's Personnel Policies and Procedures if the charges are substantiated; and (4) shall be entitled to utilize the County's Employee Grievance Procedure if the employee disagrees with the disciplinary action, if the employee is eligible to file a grievance and if the action is grievable. G. Cooperation - All County employees are required to cooperate in sexual harassment investigations. H. Impeding Investigations - Impeding an investigation or otherwise covering up a violation is prohibited. I. Confidentiality - All participants in the investigation, including the complainant and the alleged harasser, shall be required to keep the details and results of any investigation confidential, unless otherwise directed under this policy. However, this requirement shall not prevent communications with legal counselor other legally protected communications, and shall not in any way interfere with rights protected under state or federal law. J. Violation/Discipline - In determining whether a violation of the policy has occurred, the investigator shall consider the totality of the circumstances, the nature of the act and the context in which the incident occurred. HR will make recommendations on situationally appropriate discipline. HR and the County Attorney's office shall be consulted if the department considers discipline that is different than the original recommendation. All violations of this policy, including violation of the retaliation, confidentiality, cooperation, impeding investigations and false/vindictive claims provisions, shall result in disciplinary action up to and including termination in accordance with the County's Personnel Policies and Procedures. Any employee who fails to report a sexual harassment incident to HR pursuant to this procedure or who allows sexual harassment to continue or fails to take appropriate corrective action or retaliates or discriminates against the complainant, or any other individual who cooperates in the investigation, shall be subject to discipline, up to and including termination. A complainant should report such a violation to HR for investigation. K. Interim Remedial Measures - After a complaint is received, interim remedial measures may be taken to protect the individuals involved and/or to protect the interests of the County. Any remedial measure may be reversed or modified pending final resolution of a complaint. L. Follow-up - Once a complaint has been resolved, HR will follow-up with the complainant periodically to ensure that the harassment has ceased and/or no retaliation is occurring. M. Files - The supervisor or department director/office administrator shall ensure that all documents and files regarding a sexual harassment investigation are maintained in a confidential manner and that access to such files is restricted. Sexual harassment files shall be maintained separate and apart from any other files containing employee information. At the time that a supervisor or department director/office administrator leaves their position, all departmental files maintained pursuant to this section shall be delivered to HR. For investigations conducted by HR, all documents, files and final reports shall be maintained in a confidential location in HR. Copies will be forwarded to the County Attorney's office. Upon request, the department director/office administrator and appropriate departmental leadership will be permitted to come to HR to review the report. N. Grievance - Eligible employees may use the County's Employee Grievance Procedure for relief from acts of sexual harassment that are not resolved to the satisfaction of the complainant. The Grievance Procedure time limits shall begin to run after the initial investigation is completed and the complainant is notified of the results. O. Title VII - Individuals may also consult with the Equal Employment Opportunity Commission 5 concerning their rights under Title VII. - - 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Value Engineering AGENDA DATE: January 3, 2006 ACTION: INFORMATION: SU BJ ECT IPROPOSALlREQU EST: Discussion of the use of value engineering in future CIP projects CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Shadman ATTACHMENTS: No REVIEWED BY: ..1 _--- /.. .-....- JtJr-- IV LEGAL REVIEW: Yes BACKGROUND: The construction industry has been experiencing unprecedented escalation in building costs for the past 24 months. Construction costs have increased as much as 30% +/- during this time, depending on what source of information is referenced. The County's most recent experience with this cost escalation was with the Northern Fire Rescue Station recently reviewed with the Board. At the November 1,2006 Board of Supervisor's meeting, the Board instructed staff to conduct a value engineering process on the fire station with the contracted architect and low bidder in an attempt to reduce the project cost. This was in addition to the value engineering effort completed by staff at the 90% design stage when it became apparent that the project was going to exceed estimates. These two efforts combined have netted a savings of approximately $400,000. As a part of the discussion in November, the Board also asked staff to investigate the possibility of including value engineering into the project management process for all future CIP projects as a matter of practice. STRATEGIC PLAN: County Mission: "To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds." DISCUSSION: Value Engineering was first developed approximately 60 years ago. It was originally utilized during World War II by General Electric in an effort to produce war items at a cheaper cost and with different material during a time when raw materials were scarce. Throughout the decades and into the 1990's value engineering has been evolving to meet the needs of designers, producers, and customers. For the past fifteen years or so, value engineering (sometimes referred to as value management) has become an integrated part of project management. In 1993, the Society of American Value Engineering (SAVE) developed a certification program for value engineering professionals and the practice has since become a highly regarded engineering discipline. Staff has conducted research on the practicality of applying value engineering to County projects. Besides extensive on- line research and contacting other localities, engineering firms that include value engineering in their scope of expertise were consulted. Through review of this information, staff believes that value engineering should become a component of the ongoing project management process in one form or another, depending on the scope and size of the project. Contracted value engineering is typically conducted on the more expensive and complex projects such as new schools, hospitals, municipal buildings, and the like. However, staff believes it can also be applied to projects in the AGENDA TITLE: Value Engineering January 3, 2007 Page 2 +/_ $5.0 million range that the County is regularly involved. Typically, the cost of value engineering is negotiated with an engineering firm and is based on the complexity of the project. Realized savings are normally in the 4% to 6% range of project costs. Therefore, on a $5,000,000 project, a realistic savings may be in the range of $200,000 to $300,000. The cost for value engineering for such a project could be expected to be in the range of $15,000 to $20,000. An expectation of saving approximately $20.00 for each dollar spent on value engineering is an acceptable rule of thumb. While value engineering does have a place in the ongoing project management system of the County, not all projects would benefit by contracting for this service in all circumstances. Staff would have to weigh the costs and benefit of contracting for services on small, less complex projects. It was mentioned throughout the research that the best value for the customer was achieved by involving the value engineering firm early in the design process. Having them work with the design architect (AlE) results in issues being discussed early and avoids requiring re-design work, costing both time and money. In today's engineering market, AlE firms are receptive and experienced in working with value engineering firms for the benefit of the customer. If value engineering is to be an integral part of the project management process, staff believes a firm would need to be under contract at the same time as the primary AlE so they can become involved at the schematic design phase. While the most common perception of value engineering is bottom line cost savings, that is not its only function. Value engineering firms are dedicated to bringing a balance between project cost and quality, depending on the needs of the customer. This balance would include, as an example, consideration of "green" building design principles as a part of the process of seeking the best value. Finally, a question may be asked as to why County staff engineers could not be used to conduct value engineering efforts on larger projects to avoid value engineering costs. While the County certainly has talented and well educated engineers on staff, value engineering is a multi-disciplined process. Value engineering firms utilize a full realm of expertise to conduct this work, including civil, structural, mechanical, electrical, and environmental engineers plus the support staff to research methodologies, materials, and various product availability in the market place. They are also prepared to wmk full time on the process without interruption. In-house value engineering has been and will continue to be utilized on smaller projects constructed by the County. BUDGET IMPACT: Expected budget savings as a result of value engineering typically fall in the range of 4 to 6 percent of the project cost. RECOMMENDATIONS: Staff recommends that the Board approve the use of value engineering as an established component of the construction process for all County local government projects. Value engineering will be achieved through a combination of contracted and in-house services, depending on the complexity and cost of the project, and will begin during the design process. 06.189 COUNTY OF ALBEMARLE MEMORANDUM TO: Members of the Board of Supervisors \ I Ella Washington-Carey, CMC, cle4?l- ~ December 27,2006 FROM: DATE: RE: Lewis and Clark Enhancement Grant Application A request has been made to the Board of Supervisors for a resolution of support for an application to VDOT for $300,000 in Transportation Enhancement Funds. The Lewis and Clark Exploratory Center (LCEC) of Virginia will be an educational center for visitors of all ages and will commemorate the Lewis and Clark Expedition, the first major transportation project undertaken by the young United States, as President Jefferson sought to find the Northwest Passage. An important element of the project will be a ferry crossing that will link pedestrians at the LCEC and Darden Towe Park with the Rivanna Trails system across the river in Pen Park. The Visitor's Center will serve as the trailhead facility_ The Rivanna River Ferry will provide a link from one side of the Rivanna River to the other, allowing pedestrian crossing from the Darden Towe Park and the LCEC trails and facilities to the Rivanna Trails system and the Pen Park facilities. The Visitors' Center will offer interpretation of Jefferson's inspiration for the transcontinental journey and will enrich visitors' experience of Albemarle County. The new trails system, funded in part by the National Park Service, will enhance and expand existing trails. The community has provided significant financial and volunteer support for the project. Support has come from individual donors, as well as businesses and foundations. The land, 18 acres of woods and fields adjacent to Darden Towe Park, has been secured by a 40-year lease from the County of Albemarle and City of Charlottesville for $10 a year. The LCEC have secured $372,000 in funding for Phase I, the Visitor's Center, trails, and the Rivanna River Ferry, as well as for the access road and the parking lot. There is no budget impact to the County or City. Matching dollars are being provided by the LCEC. At its meeting on December 18, 2006 the Charlottesville City Council adopted a resolution supporting the grant application. It is recommended that the Board adopt the attached resolution supporting the LCEC's grant application. Attachment lewc RESOLUTION WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational center for visitors of all ages commemorating the Lewis and Clark Expedition; and WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated their support of LCEC's mission by granting a long-term lease of land in Darden Towe Park, participation by the City Parks and Recreation Department in the boatbuilding program for youths, donation of office space by Albemarle County, and participation by area schools in LCEC programs; and WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds from the Virginia Department of Transportation which, when combined with other grant funds, will be used to construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails, and create a ferry boat crossing to allow pedestrian passage across the Rivanna River to the greenbelt trails in Pen Park; and WHEREAS, the Board of Supervisors strongly supports the educational mission of the Lewis and Clark Exploratory Center, and values the LCEC as an important community resource; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, strongly supports the grant application made by the Lewis and Clark Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement Funds from the Virginia Department of Transportation. 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 by a vote of to , as recorded below, at a meeting held on Clerk, Board of County Supervisors Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay - - CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 18, 2006 Action Required: Approval of Resolution Staff Contacts: James E. Tolbert, AICP, Director Reviewed By: Gary O'Connell, City Manager Title: Lewis and Clark Enhancement Grant Application Back2'round: A request has been made to City Council for a letter of support for an application to VDOT for $300,000 in Transportation Enhancement Funds. The Lewis and Clark Exploratory Center of Virginia will be an educational center for visitors of all ages and will commemorate the Lewis and Clark Expedition, the first major transportation project undertaken by the young United States, as President Jefferson sought to find the Northwest Passage. The full~size replica of the Expedition's 55~ft. long Keelboat will be the museum's principal exhibit. In conjunction with the Visitor's Center, LCEC will construct a trails system that will interpret the plants, animals, topography, and history of the area, including Jefferson's successful efforts to make the Rivanna River navigatible for his commercial interests. An important element of the project will be a ferry crossing that will link pedestrians at LCEC and Darden T owe Park with the Rivanna Trails system across the river in Pen' Park. The Visitor's Center will serve as the trailhead facility. The County of Albemarle and the City of Charlottesville have leased to the Lewis and Clark Exploratory Center land adjacent to Darden T owe Park for the purpose of building the center devoted to the Lewis and Clark Expedition. The County of Albemarle has granted LCECa Special Use Permit for the construction of the 2500 square ft. center. Until the Visitor's Center is built, LCEC is using facilities in Darden T owe Park for the on~land display of its replica Expedition keelboat, a 55~ft. boat made with the same specifications as the historical Lewis and Clark keelboat. - The original keelboat took the Expedition up the Missouri River to Ford Mandan, and it brought back specimens to Jefferson on its return trip. In addition to the keelboat, LCEC has a 40-ft. pirogue under construction. Two pirogues accompanied the Voyage of Discovery's keelboat upriver. Historic boat building and the display of boat replicas will be the principal focus of the Lewis and Clark Exploratory Center. Currently we have historic boat building programs for area youth, programs that are participated in by the City of Charlottesville Recreation programs and won the 2004 Virginia Recreation and Parks Society Award for Best New Program. The Rivanna River Ferry will connect hikers and pedestrians at Darden Towe Park and at the Lewis and Clark Exploratory Center to the Rivanna Trails system on the Pen Park side of the river. The Lewis and Clark Exploratory Center trails system will also be related to the Saunders-Monticello Trail through their shared historical context. The Saunders-Monticello Trail seeks to interpret Thomas Jefferson's wish to present the spectacular views from Monticello: "Of prospect I have a rich profusion, it may be successively offered, & in different portions through vistas, with the advantage of shifting scenes as you advance on your way. [Jefferson]". The view of Monticello from the Lewis and Clark Exploratory Center is one of the principal features of our site and will be highlighted in the trails signage. The navigation of the Rivanna River was first undertaken by Jefferson in 1763, and will figure prominently in the interpretation of the Lewis and Clark Exploratory trails. Jefferson wrote, "The Rivanna River had never been used for navigation, scarcely an empty canoe had ever passed down it. Soon after I came of age I examined it's [sic] obstructions, set on foot a subscription for removing them, got an act of aSEembly past [passed] & the thing effected, so as to be used completely and fully for carrying down our produce." The trails will begin with Jefferson's desire to navigate the Rivanna River, and will proceed to his goal of finding an all-water Northwest Passage. Thus pedestrians will have both the Saunders-Monticello Trail and the Lewis and Clark Exploratory Center trails to deepen their understand of Thomas Jefferson. The Rivanna River Ferry will provide a link from one side of the Rivanna River to the other, allowing pedestrian crossing from the Darden Towe Park and LCEC trails and facilities to the Rivanna Trails system and the Pen Park facilities. The Visitors' Center will offer interpretation of Jefferson's inspiration for the transcontinental journey and will enrich visitors' experience of Albemarle County. The new trails system, funded in part by the National Park Service, will enhance and expand existing trails. Discussion: The project will fulfill an important need in the community for outdoor education with an emphasis on history, transportation, and science. Currently the Lewis and Clark Exploratory Center serves the general publlc and school groups out of its Darden Towe Park facilities. Since Lewis and Clark's Corps of Discovery is part of the SOL's, the Lewis and Clark Exploratory Center is of particular interest to Middle School teachers. Classes climb aboard the keelboat to experience the physical space that the Expedition members shared. There is no facility within Albemarle County that duplicates the transportation, scienco:= and historical education that we offer. We will serve the community by offering educational opportunities relating to history, transportation and science to children and adults. It will also expand pedestrian access to both sides of the Rivanna River through a new trails system and through a ferry based on historical models. Tourism will be enhanced by this project, bringing more tourist dollars int0 the community. There is strong community support for this project, reflected by the City of Charlottesville's participation in the boatbuilding program for their youth recreation camp, and the enthusiasm and participation of the local schools for our programs. Of equal importance, the County of Albemarle has donated our current facilities, including office space within their new county office building. Two current members of the Board of Supervisors of Albemarle County sit on the LCEC Board of Directors. Other Board members include one former Delegate to the Virginia House of Representatives, two formers Mayors of Charlottesville; an advocate for African-American youth; a former President of R. E. Lee Construction, Inc.; a former Professor of the University of Virginia; a bank officer; a former grade school teacher; a former special education teacher; and many other leaders within the community. In addition, financial support comes from a wide base of donors, significant donations from both the private and public sectors, inchiding a HUD grant for $198,000 and a Virginia Assembly Grant for $100,000 have been received. There will be a 2500 square foot Visitor's Center with bathroom facilities, handicapped access, and air-conditioning and heating. The Visitors Center will include interpretive displays, classroom space, and trailhead information. We will extend and upgrade an existing gravel road through Darden Towe Park as our access road, which we will accomplish using HUD monies. A 35-space parking lot will also - - be constructed through the HUD grant. The road and parking lot arc not included in this proposal.) The trails system will extend from the Visitor's Center throughout the 18 acres, upgrading three existing trails and giving handicapped access to the lower trails. The Rivanna River Ferry will be accessed through the trails system and will be constructed, with docks, on the Rivanna River upstream from Trevillians' Creek, an historic stream that once provided water to the farm of William Clark's parents. This will be a rowed ferry based on ferryboats from the era of Lewis and Clark. It will be attached with a rope to both shores. The community has provided significant financial and volunteer support. Support has come from individual donors, as well as businesses and foundations. The land, 18 acres of woods and fields adjacent to Darden Towe Park, has been secured by a 40~year lease from the County of Albemarle and City of Charlottesville for $10 a year. They have secured $372,000 in funding for Phase I, the Visitor's Center, trails, and Rivanna River Ferry, as well as for the access road and the parking lot. Budgetary Impact: None. Matching dollars are being provided by the Lewis and Clark Exploratory Center. Recommendations: Approval of Resolution of Support. Attachments: Resolution of Support. RESOLUTION WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational center for visitors of all ages commemorating the Lewis and Clark Expedition; and WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated their support of LCEe's mission by granting a long-term lease of land in Darden Towe Park, participation by the City Parks and Recreation Department in the boatbuilding program for youths, donation of office space by Albemarle County, and participation by area schools in LCEC programs; and WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds from the Virginia Department of Transportation which, when combined with other grant funds, will be used to construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails, and create a ferry boat crossing to allow pedestrian passage across the Rivanna River to the greenbelt trails in Pen Park; and WHEREAS, this Council strongly supports the educational mission of the Lewis and Clark Exploratory Center, and values the LCEC as an important community resource; now, therefore, BE IT RESOLVED that the City Council for the City of Charlottesville strongly supports the grant application made by the Lewis and Clark Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement Funds from the Virginia Department of Transportation. ;A;btumlil~ (mJnly Service Auth'rity ~<-- :=;~ .( December 21, 2006 Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, VA 22902 Dear Sirs and Madame: Enclosed is a copy of the Albemarle County Service Authority's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2006. This report is being distributed to our trustees, financial advisors, underwriters, rating agencies, and other interested parties, in order to both satisfy reporting requirements and provide current financial and statistical data on the Authority's operations. Should you have any questions, comments, or suggestions, please do not hesitate to contact me. Sincerely, c~'-'- J 12 <.. c..\r L-:) \. _L - ,.'--,._- Lisa L. Breeden Finance Director Enclosure 168 Spotnap Road . Charlottesville, VA 22911 · Tel (434) 977-4511 · Fax (434) 979-0698 www.serviceauthorily.org . . . . .. Albemarle County /. Service Auth'rity .-<. --- ~""-- ~ ~ Serving . Conserving ......'. . Charlottesville, Virginia '. .. Comprehensive Annual Financial Report . . .. . For the Fiscal Year Ended June 30, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Albemarle County Service Authority Charlottesville, Virginia Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2006 Prepared By: Lisa L. Breeden Finance Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Albemarle County Service Authority Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2006 Table of Contents INTRODUCTORY SECTION Authority Officials................................... ................................ .........................................1 Organizational Chart................................ .......................................................................2 Letter of Transmittal............................................. ..........................................................3 GFOA Certificate of Achievement......................................................................................8 FINANCIAL SECTION Independent Auditors' Report......................................................................... ................. 9 Management's Discussion and Analysis........................................................................... 11 Basic Financial Statements: Statement of Net Assets................................................................................................ 20 Statement of Revenues, Expenses, and Changes in Net Assets ........................................21 Statement of Cash Flows............................................................................................... 22 Notes to Financial Statements Note 1 - Financial Reporting Entity ..........................................................................23 Note 2 - Summary of Significant Accounting Policies ................................................23 Note 3 - Receivables.............................................................................................. 26 Note 4 - Deposits and Investments .........................................................................27 Note 5 - Capital Assets............. .............................................................................. 29 Note 6 - Construction Work in Progress ...................................................................30 Note 7 - Long-term Debt ................................................................................ ........ 31 Note 8 - Purchase of Water and Sewage Treatment Services ....................................32 Note 9 - Retirement............................................................................................... 32 Note 10 - Conti ngent Lia bi lities ...............................................................................34 Note 11 - Deferred Compensation Plan.................................................................... 34 Note 12 - Risk Management.................................................................... ........ ........ 34 Albemarle County Service Authority Comprehensive Annual Financial Report For the Fiscal Years Ended June 30, 2006 Required Supplementary Information: Retirement Plan Schedule of Funding Progress for the Authority ......................................36 STATISTICAL SECTION Financial Trends - Net Assets (last four fiscal years) .......................................................37 Financial Trends - Change in Net Assets (last four fiscal years) .......................................38 Revenue Capacity - Water & Sewer Sold by Customer (last ten fiscal years).....................39 Revenue Capacity - Water and Sewer Rates (last ten fiscal years) ...................................40 Revenue Capacity - Top Ten Revenue Payers (current year and nine years ago) ..............41 Debt Capacity - Ratio of Outstanding Debt (last ten fiscal years) .....................................42 Debt Capacity - Debt Limitations ............................................. ......................................42 Debt Capacity - Direct and Overlapping Debt .................................................................42 Debt Capacity - Revenue Bond Coverage (last ten fiscal years) .......................................43 Demographic & Economic Statistics (last ten calendar years) ...........................................44 Demographic & Economic Statistics - Ten Largest Employers (current & nine years ago) ..45 Operating Information - Full-Time Employees (last ten fiscal years).................................46 Operating Information - Operating Indicators (last ten fiscal years) .................................46 Operating Information - Capital Asset Statistics (last ten fiscal years) ..............................47 Operating Information - Revenues by Source (last ten fiscal years) .................................48 Operating Information - Expenses by Function (last ten fiscal years) ...............................48 Operating Information - Schedule of Insurance in Force .................................................49 Operating Information - Billed Services and Connections (last ten fiscal years).................49 Operating Information - Construction Activity, Property Value and Bank Deposits (last ten fiscal years.............................................................................................................. .....50 COMPLIANCE SECTION Auditors' Report on Internal Control............................................................................... 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INTRODUCTORY SECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Albemarle County Service Authority Officials June 30, 2006 BOARD MEMBERS Mr. Donald J. Wagner, Chairman Mr. Robert C. Larsen, Vice-Chairman Mr. Robert R. Humphris Mr. Hollis Lumpkin Dr. Lizbeth A. Palmer Mr. Clarence W. Roberts OFFICER Mr. Gary W. Fern, P.E. Executive Director Secretary-Treasurer FISCAL AGENT Bank of America Trust Company, Norfolk, VA TRUSTEE Bank of New York 1 2 . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . Albemarle County Service Authority Organizational Chart Board of Supervisors Board of Directors Executive Director . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . ,Aibemad~; (ounty Service Auth'ritl ~'-- ~~ ,( August 10, 2006 Board of Directors Albemarle County Service Authority Charlottesville, Virginia Dr. Palmer and Gentlemen: The Comprehensive Annual Financial Report (CAFR) of the Albemarle County Service Authority (Authority) is submitted herewith. With such modifications as apply to our status as an enterprise fund of governmental units and an independently chartered corporation, this report has been prepared in conformity with the reporting and accounting standards promulgated by the Governmental Accounting Standards Board, the Financial Accounting Standards Board, and the Government Finance Officer's Association's (GFOA) Governmental Accounting, Auditing, and Financial Reporting. Based upon a comprehensive framework of internal control that it has established for this purpose, management assumes full responsibility for the accuracy of the data and for the completeness and reliability of the information contained in this report. State law and outstanding bond resolutions require an annual audit of the books and records of the Authority. This requirement has been satisfied by the engagement of independent certified publiC accountants, Robinson, Farmer, Cox Associates, whose opinion is located at the front of the financial section of this report. Management's discussion and analysis (MOM), which provides a narrative introduction, overview, and analysis of the basic financial statements immediately follows the independent auditors' report. MOM complement this letter of transmittal and should be read in conjunction with it. Organization and Function Located in central Virginia, 100 miles southwest of Washington, DC and less than 65 miles west of Richmond, the state capital of Virginia, the Authority was established in 1964, pursuant to the Virginia Water and Waste Authorities Act, to provide water and sewer service to those jurisdictional areas in Albemarle County (County) designated by the County's Board of Supervisors. The current service areas include the urbanized ring around the City of Charlottesville (City), the communities of Crozet and Scottsville and the village of Rivanna. A 3 168 Spotnap Road · Charlottesville, VA 22911 · Tel (434) 977-4511 . Fax (434) 979-0698 www.serviceauthority.org Board of Directors August 10, 2006 six-member Board of Directors, appointed by County Supervisors for renewable four-year terms, appoints management and governs Authority operations. We have determined, after an examination of the factors involved in the Governmental Accounting Standards Board's definition of "component unit" for financial reporting purposes, that we are not a component unit of the County of Albemarle and will not be included in their financial report. Justification for this decision is outlined in Note 1 to the financial statements. In June 1973 the Authority and the City sold all water and sewer treatment and major distribution facilities to the newly-formed Rivanna Water and Sewer Authority, which wholesales finished water and sewer treatment services to the Authority and to the City. In 1975 the Authority purchased from the City the facilities to serve all current water and sewer customers outside the City limits; since then it has been the sole public retailer of these services in the County. In addition to retailing finished water and sewer collection services, the Authority constructs pumping stations and line extensions; purchases, connects to the system, and upgrades private water systems; installs water supply and sewage collector systems; inspects water delivery and sanitary sewage systems installed and contributed to it by developers; and maintains these constructed and contributed facilities. Economic Conditions The economy, low unemployment rate, climate, education, arts, and culture continue to attract new development. In the Albemarle Community Profile updated September 28, 2006, the Virginia Employment Commission's Economic Information Services Division reports a low unemployment rate of 2.26% as compared to Virginia (3.3%) and to the Country (4.8%), as a whole. Residential growth in the Authority's urban service area continues to be strong while growth in the service area of Crozet is on the upswing. The Community Development Department of the County of Albemarle reported1 830 new residential dwelling units in 2005 compared to 599 units reported in 2004. (These numbers correspond to the increase in the number of water connections: 380, 503, and 498 in fiscal years 2004, 2005, and 2006, respectively.) Major Initiatives and Accomplishments . This fiscal year was marked by the retirement of our executive director, J. W. Brent. On July 20, 2006 in the lobby of the ACSA Administration Building, the Board of Directors unveiled a plaque recognizing the individuals responsible for the construction of the Albemarle County Service Authority Administration and Operations Center. The Board, noting that the efforts of one individual were most important in the growth, 1 2005 Year End Building Report 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Albemarle County Service Auth'rifl ~"-- ~~ Serving' Conserving August 10, 2006 Board of Directors Albemarle County Service Authority Charlottesville, Virginia Dr. Palmer and Gentlemen: The Comprehensive Annual Financial Report (CAFR) of the Albemarle County Service Authority (Authority) is submitted herewith. With such modifications as apply to our status as an enterprise fund of governmental units and an independently chartered corporation, this report has been prepared in conformity with the reporting and accounting standards promulgated by the Governmental Accounting Standards Board, the Financial Accounting Standards Board, and the Government Finance Officer's Association's (GFOA) Governmental Accounting/ Auditing/ and Rnancial Reporting. Based upon a comprehensive framework of internal control that it has established for this purpose, management assumes full responsibility for the accuracy of the data and for the completeness and reliability of the information contained in this report. State law and outstanding bond resolutions require an annual audit of the books and records of the Authority. This requirement has been satisfied by the engagement of independent certified public accountants, Robinson, Farmer, Cox Associates, whose opinion is located at the front of the financial section of this report. Management's discussion and analysis (MOM), which provides a narrative introduction, overview, and analysis of the basic financial statements immediately follows the independent auditors' report. MOM complement this letter of transmittal and should be read in conjunction with it. Organization and Function Located in central Virginia, 100 miles southwest of Washington, DC and less than 65 miles west of Richmond, the state capital of Virginia, the Authority was established in 1964, pursuant to the Virginia Water and Waste Authorities Act, to provide water and sewer service to those jurisdictional areas in Albemarle County (County) designated by the County's Board of Supervisors. The current service areas include the urbanized ring around the City of Charlottesville (City), the communities of Crozet and Scottsville and the village of Rivanna. A 3 168 Spotnap Road · Charlottesville, VA 22911 · Tel (434) 977-4511 . Fax (434) 979-0698 www.serviceauthority.org Board of Directors August 10, 2006 six-member Board of Directors, appointed by County Supervisors for renewable four-year terms, appoints management and governs Authority operations. We have determined, after an examination of the factors involved in the Governmental Accounting Standards Board's definition of "component unit" for financial reporting purposes, that we are not a component unit of the County of Albemarle and will not be included in their financial report. Justification for this decision is outlined in Note 1 to the financial statements. In June 1973 the Authority and the City sold all water and sewer treatment and major distribution facilities to the newly-formed Rivanna Water and Sewer Authority, which wholesales finished water and sewer treatment services to the Authority and to the City. In 1975 the Authority purchased from the City the facilities to serve all current water and sewer customers outside the City limits; since then it has been the sole public retailer of these services in the County. In addition to retailing finished water and sewer collection services, the Authority constructs pumping stations and line extensions; purchases, connects to the system, and upgrades private water systems; installs water supply and sewage collector systems; inspects water delivery and sanitary sewage systems installed and contributed to it by developers; and maintains these constructed and contributed facilities. Economic Conditions The economy, low unemployment rate, climate, education, arts, and culture continue to attract new development. In the Albemarle Community Profile updated September 28, 2006, the Virginia Employment Commission's Economic Information Services Division reports a low unemployment rate of 2.26% as compared to Virginia (3.3%) and to the Country (4.8%), as a whole. Residential growth in the Authority's urban service area continues to be strong while growth in the service area of Crozet is on the upswing. The Community Development Department of the County of Albemarle reported1 830 new residential dwelling units in 2005 compared to 599 units reported in 2004. (These numbers correspond to the increase in the number of water connections: 380, 503, and 498 in fiscal years 2004, 2005, and 2006, respectively.) Major Initiatives and Accomplishments · This fiscal year was marked by the retirement of our executive director, J. W. Brent. On July 20, 2006 in the lobby of the ACSA Administration Building, the Board of Directors unveiled a plaque recognizing the individuals responsible for the construction of the Albemarle County Service Authority Administration and Operations Center. The Board, noting that the efforts of one individual were most important in the growth, 1 2005 Year End Bui/ding Report 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Directors August 10, 2006 development, and success of the Authority over the last 26 years, dedicated the plaque in Mr. Brent's honor. Not only did the Authority experience growth in terms of image, reputation, and high ethical and professional standards, but total net assets grew from just over $4 million to $87.5 million under Mr. Brent's diligent watch. · In February of 2006, the Board appointed our new executive director. With more than 25 years of experience in civil and environmental engineering throughout the United States, Gary W. Fern, P.E. assumed his new position as head of the Authority on March 1, 2006. · Fiscal year 2006 also marked the departure of J. Randolph Parker, member of the Authority Board since May of 1990 and Chairman since April of 1997. The Board commended Mr. Parker for his dedication, leadership, and commitment to the Board, to the staff, and to the customers of the Albemarle County Service Authority. · The Authority, the Rivanna Water and Sewer Authority, the County of Albemarle, and the City of Charlottesville approved the Ragged Mountain Reservoir Expansion project (see footnote 2, page 18). · The Board approved several capital projects including the construction of the Glenorchy water line and the rehabilitation of the Sherwood Manor sewer system, which is approximately 30 years old and in terrible condition due to severe root intrusion. · The Crozet Water Project was completed in FY 2006. This project was undertaken to encompass two immediate needs in the Crozet service area: 1) the replacement of some major water mains that were becoming increasingly unreliable and 2) the resizing of water mains (from a former well system adopted by the Authority) that provided inadequate fire protection to the Laurel Hills subdivision. Operations Expenses exceeded revenues resulting in an operating loss during fiscal year 2006. Although operating revenues ($12,262,464) from water distribution, sewer collection, and service connection fees were up 11% as compared to fiscal year 2005, associated operating expenses ($12,968,131) were also up 7% compared to fiscal year 2005. Accounting, Budgetary Controls, and Long-term Financial Planning Although no cost-effective set of accounting controls can guarantee complete freedom from unauthorized use of assets or errors in financial data, we believe that our procedures provide reasonable assurance that assets are properly recorded and protected and that financial data can be confidently used in the preparation of reports, historical summaries and projections. Because the Authority is designed to be a self-supporting, self-sustaining entity, the 5 Board of Directors August 10, 2006 measurement focus of its financial accounting system is on the preservation of assets. The Authority uses the full accrual basis of accounting, in which revenues are recognized in the period in which they are earned and expenses are recognized in the period in which they occur, regardless of the actual receipt or disbursement of cash. The Authority employs a basic system of accounting controls involving full segregation of duties: employees with the authority to disburse funds are not involved in the preparation or recording of checks, and those who prepare disbursements submit batch total reports to the Finance Director for approval. Two signatures (the Executive Director's and the Finance Director's) are required for all checks except petty cash and all bank accounts are reconciled monthly. The Authority is required by Trust Agreements for its Bond to prepare and adopt an annual operating budget. On a fiscal year basis, department heads prepare preliminary operating budgets and submit them to the Executive Director for consideration. Rates are established based upon required revenue projections and associated costs, which include operating expenses, debt service, capital projects, and reserves. (An adequate operating reserve is important to furnish funds for unplanned minor repairs or other significant repairs; it could also be utilized during unusually wet years, when anticipated revenues are reduced clue to lesser than anticipated consumption levels. An adequate repair, replacement, and rehabilitation reserve (3R) is important to furnish funds for unexpected major repairs and planned replacement or rehabilitation of equipment or other major fixed assets.) The Executive Director submits a proposed budget and rate recommendation to the Boanj of Directors for adoption. After adoption" increases or decreases to the budget are made only upon Board approval, and the budget lapses at the end of the fiscal year for all accounts except multi-year construction projects and specific reappropriations for funds committed at year-end for which goods and/or services have not been received. Department heads and the Board of Directors receive monthly reports on revenues and expenses. Cash Management Idle cash, pooled and invested in the Virginia Local Government Investment Pool ancl managed funds, in addition to longer-term investments consisting of U.S. Government and agency obligations, generated earnings of $251,877. Debt Administration Revenue bond coverage, the ratio of gross revenues less direct operational expenses to debt service requirements, was 9.96 in fiscal year 2006. The minimum coverage required by outstanding bond indentures is 1.20. At June 30, 2006 outstanding long-term debt, including the current amount payable totaled $1,872,400. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Directors August 10, 2006 Risk Management The Authority employs a combination of traditional insurance coverage and an active safety program to manage risk. A Safety Committee composed of the Executive Director and one individual each from finance, engineering, and maintenance meets bi-monthly to discuss safety issues and promulgate procedures. Regular training sessions are held for employees involved in high-risk activities, through programs offered by the American Waterworks Association, the Virginia Department of Occupational Safety and Health, and the National Safety Council. In accordance with the Federal Motor Carrier Act, the Authority administers an alcohol and drug testing program for all employees required to have Commercial Drivers' Licenses. A wards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Albemarle County Service Authority for its comprehensive annual financial report for the fiscal year ended June 30, 2005. This was the twenty-fourth consecutive year that the Authority received this prestigious award. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The preparation of this report would not have been possible without the help of the entire staff of the finance department; their hard work and dedication is much appreciated., Gratitude and expressions of appreciation are due also to J. W. Brent, recently retired Executive Director, Gary W. Fern, Executive Director, and to the Board of Directors for their interest in, and support of, the Authority's pursuit of financial reporting excellence. Respectfully submitted, d~ 6 e,~~ Lisa L. Breeden Finance Director 7 President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate of Achievement for Excellence in Financial Reporting Presented to Albemarle County Service Authority, Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2005 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. ~/~ Executive Director 8 . . . . . . : . , . . . . . . . . . . . . . . . . . . . . . . . . . FINANCIAL SECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ROBINSON? FARMER? COX ASSOCIATES crRlfFlED PUBLIC ,1CCOUNJANfS /1 PROfESSION/1L LllyfrrrD H1BJUIY COlYfP,1NV Independent Auditors' Report To The Honorable Members of The Albemarle County Service Authority Charlottesville, Virginia We have audited the accompanying statement of net assets of the Albemarle County Service Authority as of June 30, 2006 and the related statements of revenues, expenses and changes in net assets, and cash flows for the year then ended. These financial statements are the responsibility of the Authority's management. Our responsibility is to express an opinion on these financial statements based on our audits. The prior year comparative information has been derived from the Authority's 2005 financial statements, and in our report dated October 11, 2005, we expressed an unqualified opinion on those financial statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards, and Commissions issued by the Auditor of Public Accounts of the Commonwealth of Virginia. Those standards require that we plan and perform the audit to obtain reasonable assurance about whethel- the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes. assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonablE' basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Albemarle County Service Authority, as of June 30, 2006, and the changes in financial position and cash flows, for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated August 10, 2006, on our consideration of the Albemarle County Service Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The Management's Discussion and Analysis and Schedule of Pension Funding Progress as listed "in the table of contents, are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. 9 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the Albemarle County Service Authority, basic financial statements. The introductory section and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. ,e~~,4 c::aUde~~ Charlottesville, Virginia August 10, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management's Discussion and Analysis As management of the Albemarle County Service Authority (Authority), we offer readers of the Authority's financial statements this narrative overview and analysis of the financial activities of the Albemarle County Service Authority for the fiscal year ended June 30, 2006. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal found on pages 3 - 7 of this report. OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis is intended as an introduction to the Authority's basic financial statements. The financial statements, notes to those statements, and required supplementary information are the only items in this report directly addressed in the auditors' opinion; additional data are provided by the Authority to supplement these, but are not subject to the rigorous examination required for the auditors to express an opinion. Financial statements. Since the Authority engages only in business-type activities, the enterprise fund financial statements and notes are prepared in a manner similar to private- sector businesses. The statement of net assets presents information on all of the Authority's assets and liabilities as of the audit dates in fiscal years 2006 and 2005, with the difference between the two reported as net assets. Over time, increases and decreases in net assets may serve as a useful indicator of whether the financial position of the Authority is improving or deteriorati ng. The statement of revenues, expenses, and changes in net assets presents information showing how the Authority's net assets changed between fiscal years 2006 and 2005. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of cash flows. As such, some of the revenues and expenses reported in this statement will only affect cash flows in future fiscal periods. (One such example of this is earned but unused vacation leave.) The statement of cash flows supplements the previous two statements by presenting changes in cash position as a result of the Authority's activities in the last two fiscal years. Maintenance of or increases in total cash and cash equivalents from year to year suggest that budgetary, debt, and cash management policies are properly maintaining liquidity for operations; decreases in total cash and cash equivalents might indicate a need to examine the reasons for such decreases. These statements are found on pages 20 - 22 of this report. 11 Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data presented in the financial reports. The notes are on pages 23 - 35 of this report. Other (required supplementary) information. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the Authority's progress. FINANCIAL HIGHLIGHTS · At the end of fiscal year 2006, the assets of the Authority exceeded its liabilities by $87,564,529 (net assets). Of this amount, $12,628,455 (unrestricted net assets) may be used to meet the Authority's ongoing financial obligations. · The Authority's total net assets increased by $3,256,324. This increase was marked by a number of developer contributions of completed capital projects. · The Authority's total liabilities decreased by $822,366. This decrease was marked by a reduction in the amount of liability associated with unearned connection fees. (After the announcement of a significant increase in connection fees, the first of its kind since September of 1993, the Authority experienced an influx of "pre-paid" connection fees in fiscal year 2005. This announcement prompted many local builders/reSidents to prepay fees before the new rates went into effect.) Unearned connection fees totaled $169,117 and $484,173 at June 30, 2006 and 2005, respectively. FINANCIAL ANALYSIS By far the largest portion of the Authority's net assets (85%) reflects its investment in capital assets, less any related debt used to acquire those assets that is still outstanding. The Authority uses these capital assets to provide services to our customers; consequently, these assets are not available for future spending. It is important to note that although the Authority's investment in capital assets is reported net of related debt, the resources necessary to repay this debt must come from other sources since the capital assets themselves cannot be used to liquidate these liabilities. As mentioned in the previous section, increases and decreases in net assets may serve as a useful indicator of whether the financial position of the Authority is improving or deteriorating. At the end of fiscal year 2006, Authority assets exceeded liabilities by $87,564,529. The restricted portion of the Authority's net assets represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets ($12,628,455) may be used to meet the Authority's ongoing financial obligations; however, portions of this balance have been designatedto fund capital and 3R expenses as 12 . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . well as unemployment claims should they occur. These amounts are $1,768,757 and $18,511, respectively. Net Assets 2006 2005 2004 Current and other assets $ 14,081,369 $ 14,596,322 $ 14,775,788 Capital assets 76,650,873 73,701,962 66,169,987 Total assets 90,732,242 88,298,284 80,945,775 Long-term liabilities outstanding 1,578,017 2,356,573 2,364,567 Other liabilities 1,589,696 1,633,506 1,321,577 Total liabilities 3,167,713 3,990,079 3,686,144 Net assets: Invested in capital assets, net of related debt 74,778,473 71,362,562 63,478,888 Restricted 157,601 157,601 162,310 Unrestricted 12,628,455 12,788,042 13,618,433 Total net assets $ 87,564,529 $ 84,308,205 $ 77,259,631 The Authority's net assets increased by $3,256,324 during the current fiscal year, which is less half of last year's increase of $7,048,574. It is important to note that the increases in both fiscal years are attributable (primarily) to the Authority's acceptance of developer constructed and dedicated water and sewer facilities. Developer contributions in excess of $7.7 million in fiscal year 2005 and $3.3 million in fiscal year 2006 were accepted by the Authority . Changes in Net Assets 2006 2005 2004 Revenues: Operating revenues $ 12,262,464 $ 11,050,551 $ 9,788,632 Investment income 251,877 237,438 29,311 Rental income 62,748 48,533 121,844 Other revenue 475,452 372,126 290,887 Total revenues 13,052,541 11,708,648 10,230,674 Expenses: Operating expenses 12,968,131 12,124,676 11,149,837 Depreciation 1,861,723 1,600,238 1,667,929 Interest expense 53,517 66,324 75,351 Other 84,722 126,884 455,624 Total expenses 14,968,093 13,918,122 13,348,741 Income (loss) before capital contributions (1,915,552) (2,209,474) (3,1.18,067) Capital contributions: 5,171,876 9,258,048 4,109,249 Change in net assets 3,256,324 7,048,574 991,182 Net assets - July 1 84,308,205 77,259,631 76,268,449 Net assets - June 30 $ 87,564,529 $ 84,308,205 $ 77,259,631 13 CAPITAL ASSET AND DEBT ADMINISTRATION Capital assets. The Authority's investment in capital assets as of June 30, 2006 amounted to $76,650,873 (net of accumulated depreciation, $21,469,315). Listed below are tile capital assets by category at June 30, 2006, 2005, and 2004: Capital Assets (net of depreciation) 2006 2005 2004 946,449 $ 946,449 $ 946,449 92,300,331 88,641,461 79,252,173 2,132,378 1,981,802 1,808,211 2,741,030 1,824,514 2,302,113 98,120,188 $ 93,394,226 $ 84,308,946 Land $ Structures and improvements Equipment Construction in progress Total $ Investment increases in capital assets during fiscal year 2006 included the following: . More than $1.2 million was spent on new and existing capital projects. For details on ongoing construction in progress, see Note 6 of the financial statements. . The Authority capitalized over $345,000 worth of completed projects which accounted for part of the increase (9%) in the value of structures and improvements. In 2005, the Authority capitalized over $1.6 million worth of completed projects; the largest project capitalized was the Farmington water improvement project valued at over $1.3 million. For details on ongoing projects, see Note 6 of the financial statements. . System infrastructure dedicated to the Authority for operation and maintenance amounted to more than $3.3 million. These dedications accounted for 91 % of the increase to the structures and improvements category. Long-term debt. All outstanding debt was consolidated into one Water and Sewer Revenue Refunding Bond that was issued in October 2002 for $2,691,100. Details of this indebtedness may be found in Note 7 of the financial statements. REVIEW OF OPERATIONS Budget objectives. After the completion of a comprehensive review of our rates and fees in December of 2004, the Authority implemented a new rate structure designed to adequately and equitably recover the cost of providing services to our customers while encouraging water conservation. As a result of this study, the Board approved an increase in user fees in December of 2004 and an increase in connection fees in May of 2005. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The objective of the budgeting process for fiscal year 2006 was 1) to operate within the revenues anticipated from those newly adopted rates and fees and 2) to fund, through the use of reserves, $2,036,224 of the $2,208,375 anticipated capital costs associated with construction in progress. Billed water and sewer charges, and connection charges. The Authority's water customer base grew to 15,685 by the end of the fiscal year, up from 15,187 connections at the end of fiscal year 2005. Considering multiple units behind master meters, as in apartment complexes, the Authority now serves approximately 25,063 housing units, businesses, industries, and institutions. The influx of "pre-paid" connection fees received in fiscal year 2005 did not change the pattern of actual (or physical) connection in fiscal year 2006. The increase in connections remains steady at about 3% per year. V\bter &. Sev\er Cori'lections (b,,~1S 11,000 17,000 15,000 13,000 9,000 7,000 5,000 1997 1~ 1999 2(XX) 2001 2002 2003 2004 2005 2006 Fiscal Year I iJ Water 0 SeAe-1 15 Billed water usage (1.64 billion gallons) in fiscal year 2006 was approximately 6.3% higher than the previous fiscal year (1.54 billion gallons). Lack of rainfall in the area contributed to an increase in water usage and prompted calls for voluntary water conservation. Monthly Water Consumption 180 ^ 170 160 f 160 j 'tl 140 R 'E J:: ~ 110 100 90 80 July Aug. Nov. Jan. Mar. May June Sept. Oct. Dec. Feb. Apr. I_FY 2004 _FY 2005 _FY 20061 Much like water, the Authority's sewer customer base grew to 12,697 by the end of the fiscal year, up from 12,260 connections at the end of fiscal year 2005. Billed sewer collection (1.29 billion gallons) in fiscal year 2006 was approximately 5.4% higher than the previous fiscal year (1.22 billion gallons). Monthly Sewer Collection 140 130 120 ~ 110 ! 'tl ~ 100 I 6 ~ B J 70 .0 60 .July 0.0. .Jan. Feb. Mar. Apr. M., .Jun. Aug_ Sept. Oot. Nov. I_ FY 2004 0 FY 2006 _ FY 2006 I 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues. Revenues, in general, were 1.58% higher than projected in fiscal year 2006. Of this, total operating revenues exceeded projections by 4.14% while non-operating revenues were 23.75% lower than projections. The surplus in operating revenue is attributable to a slight increase in anticipated water sales and sewer collection charges coupled with a substantial (40.59%) increase in anticipated connection fees. The variation in predicted non- operating revenue is attributable to a rise in interest earnings on investments (25.94%) coupled with a shortfall of 31.86% in capital contributions (capacity and system development fees) . Capital Olntributions (Ollllection) 10.480/0 OnleCtiool Charges LZZO/o FY 2006 Revenues bv TVDe RentaIIncx:lrTe 0.430/0 IrIte.rest BJrTings L730/o Wirt:er & SevIer ServicE Charges 82.SSO/o Expenses - Overall. Expenses, in general, were 1.46% lower than projected in fiscal year 2006. Expenses for the purchase of water and the treatment of sewer were 3.68% above budget, while other operating expenses were 10.73% below budget. Bond Merest: Q-srges 0.36% DeparbTert:a1 qe-ation ecpenses 27.480/0 FY 2006 EXDenses bv TVDe DepreciItion 12440/0 17 Operating loss, including depreciation charges of $1,861,723, was $2,567,390 compared to last year's loss of $2,674,363. Net loss, after including non-operating revenues and expenses, was $1,915,552, compared to last fiscal year's net loss of $2,209,474. Even so, overall budget revenues exceeded expenses since actual capital expenses for the year were 43% less than anticipated; this resulted in a budget surplus of $559,836. As mentioned previously, since the majority of anticipated capital costs were funded through the use of reserves, the Board authorized the return of this surplus to the 3R Reserves fund for future use. RESERVES Operating reserve. The Authority has established an operating reserve to provide funds for unplanned minor repairs or other significant cash outlays. This type of reserve is also valuable when lesser than anticipated consumption, during unusually wet years, for example, results in reduced revenues. As part of the budgeting process, operating reserves were set at 2% of operating costs. For fiscal year 2006, the Authority budgeted and was able to set aside $354,063 for this purpose. Capital Costs and 3R reserves. The Authority has established a repair, replacement, and rehabilitation reserve (3R) to provide funds to pay for unexpected major repairs and planned replacement or rehabilitation of equipment or other major fixed assets. This reserve is calculated as a percentage of the system's book value. As part of the budgeting process, 3R reserves were set at 4% of our system's book value. For fiscal year 2006, the Authority budgeted and was able to set aside $520,605 for this purpose. LONG-TERM TRENDS Operations. Careful planning and budgeting in combination with the use of established reserves has been a stabilizing factor in our rate-setting process for many years. This process has allowed our customers (over the years) to enjoy relatively low rates for the proviSion of their water and sewer service. With new development (mentioned earlier in this analysis) comes the challenge of meeting the water supply needs of a growing community2 and, although the exact cost-sharing 2 On June 15, 2006, in joint cooperation with the Rivanna Water and Sewer Authority (RWSA) Board of Directors, the Albemarle County Board of Supervisors, and the Charlottesville City Council, the Albemarle County Service Authority Board of Directors approved the Rivanna Water and Sewer Authority's "Ragged Mountain Reservoir Expansion" project as the preferred "alternative to meet the water supply needs [of an additional 9.9 million gallons per day] for this community for the next 50 years. *" The selection of this project, with cost estimates of approximately $130 million, was, according to the chairman of the RWSA Board of Directors, "the culmination of many years of hard work by RWSA staff, RWSA consultants, and the citizens who participated throughout the entire process. *" (*Excerpts from the minutes of the Special Public Outreach Meeting of the RWSA Board of Directors, 4/18/2006, and from the minutes of the Regular meeting of the RWSA Board of Directors, 04/24/06.) 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . figures for this endeavor are unknown at this time, the RWSA will pass these increased costs on to its retailers, the Authority and the City. Since the Authority employs a "pay-as-you-go3" method of recovering the costs of operations, increased costs will be passed on to our customers through higher and higher rates and fees. Capital program. Water capital improvement project cost projections per year for the next ten years range from $750,000 to $2,745,800 and sewer capital improvement project cost projections per year for the next ten years range from $800,000 to $7,000,000. The Authority hopes to fund these projects through the use of established reserves. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the Authority's finances; for additional information contact the Finance Department in person or by mail at 168 Spotnap Road, Charlottesville, Virginia, 22911, by email through our website, www.serviceauthority.org, or by telephone at (434)977-4511. 3 Current customers bear the current cost of operations with future customers bearing the cost of expansion through connection, development, and capacity fees. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Basic Financial Statements . . . Albemarle County Service Authority Statement of Net Assets . As of June 30, 2006 . (With Comparative Totals for the Prior Year) . 2006 2005 ASSETS . Current Assets Cash $ 1,757,346 $ 1,222,919 . Investments 6,503,404 3,502,030 Receivables 706,107 761,219 . Inventory of materials and supplies 211,391 212,840 Prepaid expenses 90,578 116,996 . Total current assets $ 9,268,826 $ 5,816,004 Noncurrent assets . Investments $ 4,469,321 $ 8,374,139 . Receivables 185,621 248,578 Restricted Assets . Cash 157,601 1:>7,601 Capital Assets . Land and improvements 946,449 946,449 Structures and improvements 92,300,331 88,6.t 1,461 . Equipment 2,132,378 1,981,802 Construction in progress 2,741,030 1,824,514 . Less accumulated depreciation (21,469,315) (19,692,264) Total noncurrent assets $ 81,463,416 $ 82,482,280 . Total assets $ 90,732,242 $ 88,298,284 . LIABILITIES . Current liabilities (payable from current assets) Accounts payable $ 854,347 $ 913,861 . Customer deposits 64,452 55,813 Revenue bonds payable, current portion 463,500 467,000 . Interest payable 21,845 27,293 Other accrued expenses 185,552 169,539 . Total current liabilities $ 1,589,696 $ 1,633,506 Noncurrent liabilities . Revenue bonds payable, net of unamortized discount $ 1,408,900 $ 1,872,400 Unearned connection fees 169,117 484,173 . Total noncurrent liabilities $ 1,578,017 $ 2,356,573 Total liabilities $ 3,167,713 $ 3,990,079 . . NET ASSETS Invested in capital assets, net of related debt $ 74,778,473 $ 71,362,562 . Restricted 157,601 157,601 Unrestricted 12,628,455 12,788,042 . Total net assets $ 87,564,529 $ 84,308,205 . The notes to the financial statements are an integral part of this statement. . . 20 . Albemarle County Service Authority Statement of Revenues, Expenses, and Changes in Net Assets For the Year Ended June 30, 2006 (With Comparative Totals for the Prior Year) 2006 2005 OPERATING REVENUES & EXPENSES Operating Revenues Water sales and sewer service charges Water and sewer connection fees Total operating revenues Operating Expenses Purchase of bulk water Purchase of sewer treatment Administration Finance Engineering Maintenance $ 12,083,954 $ 10,864,722 178,510 185,829 12,262,464 11,050,551 5,595,215 4,946,772 3,259,766 3,229,696 878,579 805,278 839,215 843,126 949,240 888,616 1,446,116 1,411,188 12,968,131 12,124,676 (705,667) (1,074,125) 1,861,723 1,600,238 (2,567,390) (2,674,363) Total operating expenses Operating income before depreciation and amortization Depreciation Operating income (loss) NON-OPERATING REVENUES (EXPENSES) Non-operating revenues (expenses) Interest earnings Buck mountain surcharge Rental Income Miscellaneous revenues Reimbursement to City for RWSA expansion Bond interest charges Equipment replacement Building maintenance Miscellaneous expenses Buck mountain surcharge expense Non-operating income (loss) 251,877 70,400 62,748 405,052 o (53,517) o (3,526) (3,096) (78,100) 651,838 237,438 133,700 48,533 3/2,126 (54,486) (66,324) (320) (72,078) o (83,700) 464,889 Income (loss) before capital contributions Capital Contributions (1,915,552) 5,171,876 3,256,324 (2,209,474) 9,2~;8,048 7,048,574 Change in net assets NET ASSETS Total net assets, beginning 84,308,205 Total net assets, ending $ 87,564,529 The notes to the financial statements are an integral part of this statement. $ 77,259,631 84,308,205 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Albemarle County Service Authority Statement of Cash Flows For the Year Ended June 30, 2006 (With Comparative Totals for the Prior Year) aASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers . Cash payments to suppliers . Cash payments to employees for services Net cash provided by (used for) operating activities ~ASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES . Principal payment on bond maturities Interest paid on bonds outstanding . Capital contributed by developers, customers, and local government Less (non-cash) contributions by developers . Repair, replacement, rehabilitation expenses (including capital) Cash received - rental income, contracts/contributions receivable . Payment for reimbursement to City for expansion Sale of equipment . Net cash provided by (used for) capital and related financing activities ~ASH FLOWS FROM INVESTING ACTIVITIES Net decrease (increase) in investments . Interest received on investments and cash equivalents Net cash provided by investing activities . . . Increase (decrease) in cash and cash equivalents for the year Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year rECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES: . Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided . (used) by operating activities: Depreciation expense . Miscellaneous revenues and expenses, net . (Increase) decrease in water/sewer accounts receivable Decrease (increase) in inventory . Decrease (increase) in prepaid expenses (Decrease) increase in accounts payable . Increase (decrease) in customer deposits Increase in accrued payroll expenses . (Decrease) increase in unearned connection fees Total adjustments . . . . . Net cash provided by (used for) operating activities The notes to the financial statements are an integral part of this statement. 22 2006 $ 12,222,536 (9,951,230) (3,032,533) (761,227) $ $ (467,000) (53,517) 5,171,876 (3,308,910) (1,373,311) 158,348 o 12,847 140,333 $ $ $ $ 903,444 251,877 1,155,321 534,427 1,380,520 1,914,947 $ 2005 $ 11,942,924 (9,035,591) (2,893,301) $ 14,032 $ (351,700) (66,324) 9,258,048 (7,730,155) (1,437,993) 202,228 (54,486) 9,539 (170,843) $ $ $ $ (1,437,148) 237,438 (1,199,710) (1,356,521) 2,737,041 1,380,520 $ $ (2,567,390) $ (2,674,362) 1,861,723 1,600,238 293,458 246,126 (26,968) 187,571 1,449 (776) 26,419 ( 4,502) (59,514) 181,876 8,639 (330) 16,013 19,185 (315,056) 459,006 1,806,163 2,688,394 $ (761,227) $ 14,032 Notes to Financial Statements Fiscal Year Ended June 30, 2006 NOTE 1 - FINANCIAL REPORTING ENTITY The Albemarle County Service Authority (Authority) is a public body politic and corporate and an instrumentality of the Commonwealth of Virginia organized pursuant to the provisions of the Water and Waste Authorities Act(Enabling Act), Chapter 28 of the Code of Virginia (1950), as amended. The Authority was created by action of the Board of County Supervisors of Albemarle County, Virginia, and was chartered by the State Corporation Commission of April 23, 1964. By resolution dated October 17, 1974, the Board of Supervisors extended the life of the Authority to October 17, 2024. The purpose of the Authority, as set forth in its articles of incorporation as amended in December 1985, is to undertake such projects as may be specified for the distribution and sale of potable water to retail customers and for the collection of wastewater from retail customers and delivery of such wastewater to the Rivanna Water and Sewer Authority. The Authority has determined that it is a related organization to Albemarle County, Virginia in accordance with Governmental Accounting Standards Board (GAS B) Statement 14, The Financial Reporting Entity. The Authority is a legally separate organization whose board members are appointed by the Albemarle County Board of Supervisors. Since the Board of Supervisors cannot impose its will on the Authority and since there is no potential financial benefit or burden in relationship, the Board of Supervisors is not financially accountable for the Authority. Accordingly, the Authority is not considered a component unit of the County. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: a. Measurement focus and basis of accounting - The accounts of the Authority are maintained on the accrual basis of accounting. Under this method of accounting, revenues are recognized when earned and expenses are recorded as liabilities when incurred, without regard to receipt or payment of cash. The measurement focus Df financial reporting is on the flow of economic resources; thus, all assets and all liabilities are included on the statement of net assets. The Authority applies all Financial Accounting Standards Board (FASB) statements and interpretations issued after November 30, 1989, except for those that conflict with or contradict GASB pronouncements. b. Budgets - Budgets are adopted on a basis consistent with generally accepted accounting principles. Appropriations lapse at the end of the fiscal year with the exception of capital projects, which are valid until completion of said project, and specific re-appropriCitions for goods and services ordered but not received by June 30. Budgetary control is exercised at the departmental level; any changes to the departmental budget totals require Board approval. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. Cash, cash equivalents and investments - Cash and cash equivalents include cash on hand, amounts in demand deposit accounts, certificates of deposit, and short-term investments with a maturity of less than three months when acquired by the Authority. Investments consist of U.s. Government and agency obligations and are stated at fair value. d. Inventory and prepaid items - Inventories of materials and supplies are valued at the lower of cost or net realizable value, using the weighted-average method of valuation. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items on the statement of net assets. e. Capital assets - Capital assets, which include property, equipment and infrastructure assets (such as water/sewer lines, pumps, valves, and fire hydrants, for example), are reported in the financial statements. Purchased and constructed infrastructure assets are recorded on the basis of cost in the "structures and improvements" category. "Structures and improvements" acquired by the Authority through contributions, such as from developers, are capitalized and recorded in the accounts at fair market value on the date accepted. The recorded values exclude normal maintenance and repairs which are essentially amounts spent in relation to capital assets that do not increase the capacity or efficiency of the item or extend its useful life beyond the original estimate. The Authority provides for depreciation of infrastructure in service on the straight-line method at amounts estimated to amortize the cost of assets over their estimated useful lives, as follows: Structures and Improvements Equipment 10 to 60 years 3 to 10 years It is the Authority's policy to capitalize capital assets with a cost basis of five hundred dollars ($500) or more. Capital assets of less than five hundred dollars ($500) are expensed in the period acquired. When items of property or equipment are sold or retired, the related cost and accumulated depreciation are removed from the accounts and any gain or loss is included in results of operations. f. Restricted assets - Certain proceeds of the Authority's revenue bonds are classified as restricted assets on the statement of net assets because they are maintained in a separate bank account and their use is limited by applicable bond covenants. g. Revenue -- Customer water meters are read on a cyclical basis throughout a monthly period; bills are rendered and revenue is recognized in the periods that meters are read. The Authority does not accrue revenue for water distributed and sewer collected but not yet billed at the end of the fiscal year. 24 h. Allowance for uncollectible accounts - The Authority calculates its allowance for uncollectible accounts using historical collection data and, in certain cases, specific account analysis. Historical collection data indicate that any uncollectible amounts would be negligible. Management believes that any accounts that may be written off would not be significant. Accordingly, no allowance for uncollectible accounts has been established. i. Compensated absences - The Authority does not accrue sick pay when earned since its employees do not have vested rights to receive such pay except to the extent of time not worked due to sickness. Vacation pay, which is payable upon separation from employment, is considered a liability and is expensed as earned. Accrued vacation pay is recorded on the statement of net assets at current pay rates in "other accrued expenses." j. Use of estimates - The preparation of financial statements in conformity with ~lenerally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. k. Operating activity - Operating activities, for preparation of the Authority's financial statements, are the respective revenues and expenses directly attributable to and associated with the retail of finished water and sewer treatment services. Operating revenues consist of water and sewer charges, service charges, as well as water and sewer connection charges and local facilities fees. Operating expenses include the purchase of bulk water, the cost of sewer treatment, and Authority departmental/operational costs. Other "non"-operating revenues (such as customer and developer contributions, reconnection fees, late charges, penalties, rental income, interest earnings, etc.) and expenses (such as capital/equipment, repair, replacement, and rehabilitation costs, bond principal and interest costs, and other miscellaneous costs) are considered and reported as capital and related activities, non-capital and related activities, and investing activities. I. Comparative data - Prior year totals on the financial statements are presented for informational purposes only. m. Prior period adjustments and accounting changes - Certain amounts presented in the prior year data have been reclassified in order to be consistent with the current year's presentation. 25 . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTE 3 - RECEIVABLES Receivables as of June 30, 2006, including interest receivable on investments, accounts receivable, contracts receivable, and contributions receivable, are as follows: 2006 Receivables, current: Interest $ 36,379 Accounts 604,245 Contracts 35,265 Contributions 30,218 $ 706,107 Receivables, noncurrent: Contributions $ 185,621 Current receivables are those the Authority expects to receive in the next fiscal year. Contracts receivable - Sale of water and wastewater treatment facilities- Under the terms of a four-party agreement (Agreement) entered into on June 12, 1973 by the Authority with the County of Albemarle, City of Charlottesville, and the Rivanna Water and Sewer Authority (Rivanna), the Authority agreed to sell certain water production, transmission, and storage facilities and wastewater interception and treatment facilities to Rivanna. The Agreement provides that the sale will not be consummated until ten years from the date of the Agreement or at such later time as the debts, if any, attributable to any of such facilities have been paid, or provision made for their payment, and that Rivanna will lease the facilities until such time as the sale is consummated. Although the sale has not actually been consummated under the terms of the Agreement, the transaction has been recorded as an installment sale for accounting purposes. The contracts receivable balance at June 30, 2006 relates to the uncollected balance of the sales price due from Rivanna. Sale of Ivy Water Line- In 1977 an agreement was made with Rivanna to sell the Ivy Water Line for a total sales price of $394,953. This sale was treated as an installment sales contract and bears interest at the rate of five percent (5%) per annum. Contributions receivable - The contributions receivable balance represents the amounts due from customers of the Farmington water system for connection payments. 26 NOTE 4 - DEPOSITS AND INVESTMENTS As of 6/30/2006 the Authority had the following investments: Investment Type U.S. Government and Agencies Virginia Local Government Investment Pool Total fair value Weighted Average Maturity (Years) 3.6200 0.0027 Fair Value $ 4,469,321 6,503,404 $ 10,972,725 Interest rate risk. The Authority has no formal investment policy that addresses interest rate risk; in practice, however, the Authority's investment in securities does not exceed an average weighted maturity of five years in order to reduce the likelihood of such risk. Credit risk. Statutes authorize the Authority to invest in obligations of the United States or agencies thereof, obligations of the Commonwealth of Virginia or political subdivisions thereof, obligations of the International Bank for Reconstruction and Development (World Bank) and Asian Development Bank, commercial paper rated A-l by Standard and Poor's Corporation or P-l by Moody's Commercial Paper Record, banker's acceptances, repurchase agreements and the State Treasurer's Local Government Investment Pool (LGIP). As of June 30, 2006, the Authority's investment in the LGIP was rated AAAm4 by Standard & Poor's Corporation. All of the Authority's investment in U.s. Government and Agency securities was rated AAA by Moody's Investors Service and AAA by Standard & Poor's Corporation. Concentration of credit risk. Because its investment in securities is limited to U.s. government obligations and obligations explicitly guaranteed by the U.s. government, the Authority had minimal credit risk at June 30, 2006. Custodial credit risk - deposits. In the case of deposits, this is the risk that in the event of a bank failure, the Authority's deposits may not be returned to it. As of June 30, 2006, the Authority's bank balance of $1,977,949 was fully covered in demand accounts covered by federal depository insurance (FDIC) and/or collateralized in accordance with the Virginia Security for Public Deposits Act Section 2.2-4400 of the Code of Virginia. Under the Virginia Security for Public Deposits Act banks holding public deposits in excess of the amounts insured by FDIC must pledge collateral in the amount of 50% of excess deposits to a collateral pool in the name of the State Treasury Board. The State Treasury Board is responsible for monitoring compliance 4 S & p's highest money market fund rating. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . with the collateralization and reporting requirements of the Act and for notifying local governments of compliance by banks. The State Treasury Board may make additional assessments against participating financial institutions in the event the pool cannot cover losses. Custodial credit risk - investments. For an investment, this is the risk that, in the event of the failure of the counterparty, the Authority will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. As of June 30, 2006, the State Treasurer's Local Government Investment Pool (LGIP) held Authority pool shares worth $6,503,404; the LGIP maintains a stable net asset value of $1 per share. As this pool is not SEC registered, regulatory oversight of the pool rests with the Virginia State Treasury. LGIP maintains a policy to operate in a manner consistent with SEC Rule 2a-7. Fair value of investments in securities held by the counterparty's trust department or safekeeping agent in the Authority's name totaled $4,469,321. Deposits and investments. The following is a summary and reconciliation of cash and investments at June 30, 2006: Unrestricted current assets: Cash (bank deposits) Investments (LGIP) Undesignated Designated Unemployment 3R - Capital Total designated Total investments Total unrestricted current assets: $ 1,757,346 4,716,136 18,511 1,768,757 1,787,268 $ 6,503,404 $ 8,260,750 Unrestricted long-term assets: Investments (U.S. & Agencies) Undesignated Total unrestricted long-term assets: Restricted long-term assets: Cash (2002 Revenue Bond) Total deposits and investments 4,469,321 $ 4,469,321 $ 157,601 $ 12,887,672 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTE 5 - CAPITAL ASSETS The changes in capital assets for the fiscal year ended June 30, 2006 are as follows: Beginning Ending Balance Increases Decreases Balance Capital assets, not being depreciated: Land $ 946,449 $ $ $ 946,449 Construction in progress 1,824,514 1,266,241 349,725 2,741,030 Total capital assets, not being depreciated $ 2,770,963 $ 1,266,241 $ 349,725 $ 3,687,479 Other capital assets: Structures and improvements $ 88,641,461 $ 3,658,870 $ $ 92,300,331 Equipment 1,981,802 235,248 84,672 2,132,378 Total capital assets, being depreciated $ 90,623,263 $ 3,894,118 $ 84,672 $ 94,432,709 Less accumulated depreciation: Land and improvements 72,348 72,348 Structures and improvements 18,216,146 1,687,886 19,904,032 Equipment 1,403,770 173,837 84,672 1,492,935 Total accumulated depreciation $ 19,692,264 $ 1,861,723 $ 84,672 $ 21,469,315 Total capital assets, net $ 73,701,962 $ 3,298,636 $ 349,725 $ 76,650,873 29 . . . NOTE 6 - CONSTRUCTION WORK IN PROGRESS . . Details of construction work in progress at June 30, 2006 are as follows: . Balance Cost of Transfers to Balance Project Name at 6/30/05 Construction Capital Assets1 at 6/30/06 . . Lampkin Way WL $ 2,085 $ $ $ 2,085 West Woods WL Repl 42,446 (42,446) 0 . Timberwood Parkway 613 (613) 0 Oak Hill WL Improvement 0 59,719 59,719 . Farmington Meter Project 5,173 (5,173) 0 Sherwood Manor Water 31,582 31,582 . Georgetown Grn WL Imp. 34,000 34,000 Glenorchy Water Line 0 79,102 79,102 . York Dr & Carter St WL 22,230 (22,230) 0 Georgetown Sq WL Repl 8,435 8,435 . Crozet Water Imp 729,394 1,031,806 1,761,200 Sherwood Manor Sewer Rehab 0 207 207 . Rt. 20 North SL 57,181 (57,181) 0 Scottsville WL Repl. 7,200 7,200 . Turtle Creek WL Upgrades 4,409 4,409 Biscuit Run Sewer Int. OS 153,874 (153,874) 0 . Carroll Creek S OS 0 21,989 (21,989) 0 . Key West Project 42,259 ( 42,259) 0 Camelot/Berkley Sewer 195 195 . Rt. 250 W WL Repl. 147,059 2,485 149,544 Northfields Sewer 281,681 281,681 . ACSA Construction Crew 1,325 505 1,830 Geographical Info System 249,413 3,177 252,590 . Standby Generator Project 0 45,449 45,449 Fence Rpl - Crozet Shop 0 9,200 9,200 . Meter Vault Replacement 0 8,239 8,239 Miscellaneous Const. 3,960 4,363 (3,960) 1 4,363 . $ 1,824,514 $ 1,266,241 $ (349,725) $ 2,741,030 . 1 Engineering costs reclassified as operating expense. . . . . . . . . 30 . NOTE 7 - LONG-TERM DEBT Details of long-term indebtedness: Water and Sewer System Revenue Refunding Bond, Series of 2002 - The total amount authorized was $2,691,100. A single bond was issued for this amount under the terms of a Second Supplemental Agreement of Trust between the Authority and the Bank of New York as Successor Trustee dated October 29, 2002. Proceeds from the sale, along with other funds, were used to retire the Water and Sewer System Revenue Bonds, Series of 1991, and the Water and Sewer System Refunding Revenue Bonds, Series of 1993. This single Bond is in registered form and bears interest at the rate of 2.8% per year, payable semiannually on each February 1 and August 1, commencing February 1, 2003. Principal is payable on August 1, 2004 and each August 1 thereafter until 2010, in amounts ranqing from $342,200 to $467,000. Annual requirements to amortize long-term debt and related interest are as follows: Fiscal Year 2006 2007 2008 2009 2010 Principal $ 463,500 $ 342,200 345,100 357,500 364,100 Interest 45,938 34,658 25,036 15,200 5,098 Totals $ 1,872,400 $ 125,930 Current portion $ Non-current portion Total $ 463,500 1,408,900 1,872,400 Changes in long-term liability: Long-term liability activity for the fiscal year ended June 30, 2006, is as follows: Beginning Ending Due Within Balance Increases Decreases Balance One Year Revenue bonds payable $ 2,339,400 $ $ 467,000 $ 1,872,400 $ 463,500 Compensated absences 157,135 154,503 141,254 170,384 170,384 Long-term liabilities $ 2,496,535 $ 154,503 $ 608,254 $ 2,042,784 $ 633,884 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Federal arbitrage regulations: The Authority is in compliance with federal arbitraqe regulations. Any potential liabilities arising from arbitrage are estimated to be immaterial in relation to the financial statements. NOTE 8 - PURCHASE OF WATER AND SEWAGE TREATMENT SERVICES The Authority, under the terms of a Service Agreement dated June 12, 1973, purchases all water and sewage treatment services from Rivanna Water and Sewer Authority. These purchases amounted to $5,595,215 and $4,946,772 for water and $3,259,766 and $3,229,696 for sewage treatment services for the years ended June 30, 2006 and 2005, respectively. NOTE 9 - RETIREMENT Description and Funding Procedure The Authority contributes to the Virginia Retirement System (VRS), which is both an agent and cost-sharing multiple-employer defined benefit public employee pension plan that acts as a common investment and administrative agent for political subdivisions in the Commonwealth of Virginia. The Authority's payroll for employees covered by the VRS for the year ended June 30, 2006 was $2,109,326. The total payroll for all Authority employees was $2,336,666. All full-time, salaried permanent employees of participating employers must participate in the VRS. Benefits vest after 5 years of service. Employees are eligible for an unreduced retirement benefit at age 65 with 5 years of service or at age 50 with at least 30 years of service for participating employers payable monthly for life in an amount equal to 1."7 percent of their average final compensation (AFe) for each year of credited service. Benefits are actuarially reduced for retirees who retire prior to becoming eligible for full retirement benefits. In addition, retirees qualify for annual cost-of-living adjustments (COLA) limited to 5% per year beginning in their second year of retirement. AFC is defined as the highest consecutive 36 months of reported compensation. The VRS also provides death and disability benefits. Title 51.1 of the Code of Virginia (1950), as amended, assigns the authority to establish and amend benefits provisions to the General Assembly of Virginia. VRS issues a publicly available comprehensive annual financial report that includes financial statements and required supplementary information. A copy of that report may be downloaded from their website at http:www.varetire.org/Pdf/2005AnnuRept.pdf or obtained by writing to the Virginia Retirement System, PO Box 2500, Richmond, Virginia 23218-2500. Funding Policy Members (employees) are required by Title 51.1 of the Code of Virginia (1950), as amended, to contribute 5% of their annual compensation to the VRS. This 5% member contribution 32 has been assumed by the Authority. If an employee leaves covered employment the accumulated contributions plus interest earned may be refunded to the employee. Using the actuarial basis specified by the statute and approved by the VRS Board of Trustees, the Authority is required to contribute the remaining amounts necessary to fund its participation in the VRS. The Authority's contribution rate for the fiscal year ended June 30, 2006 was 4% of annual covered payroll. Related Party Investments The Authority has no loans from VRS or any related parties to the pension plan. Annual Pension Cost For fiscal year 2006, the Authority's annual pension cost of $86,266 (excluding the employee share assumed by the Authority which was $107,846) was equal to the Authority's required and actual contributions. The required contribution was determined as part of the June 30, 2003 actuarial valuation using the entry age normal actuarial cost method. The valuation and actuarial assumptions are as follows: Valuation date: Actuarial cost method: Amortization method: Payroll growth rate: Remaining amortization period: Asset valuation method: Actuarial assumptions: Investment rate of return * Projected salary increases * Cost-of-living adjustment *Includes inflation of 2.5% 6/30/2005 Entry Age Normal Level Percent, Open 3.00% 21 years Modified Market 7.5% 3.5% to 5.73% 2.5% Trend information, which includes employer costs only, is as follows: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. I. . . . . . . . . . . . . . . NOTE 10 - CONTINGENT LIABILITIES Unemployment insurance - The Authority has elected to meet the requirements of the Unemployment Compensation Act through self-insurance, whereby the Authority will be responsible for all unemployment benefits paid by the Virginia Employment Commission on its behalf. The Authority incurred no costs for unemployment benefits in fiscal year 2006. Pending litigation - At June 30, 2006 there were no matters of litigation involving the Authority which would materially affect the Authority's financial position should any court decisions on pending matters be unfavorable to the Authority. NOTE 11- DEFERRED COMPENSATION PLAN Since 1988 the Authority has offered its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The Plan, available to all Authority employees, permits them to defer a maximum of 100 percent of their salary or $15,000 per year, whichever is less. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. NOTE 12 - RISK MANAGEMENT The Authority is exposed to various risks of loss related to torts, damage to property, injuries to employees, destruction of assets, and natural disasters. These risks are covered by municipal insurance programs available to cities, counties, and towns (see table 16, page 49). The Authority is a member of the Virginia Municipal Group Self Insurance Association (VMGSIA) risk pool for Workers' Compensation exposure and of the Virginia Association of Counties Risk Management Programs for exposures relating to errors and omissions by elected and appointed officials. Both of these associations are risk pools which, for premiums paid, protect Virginia state and local government entities; the VMGSIA pool is administered by the Virginia Municipal League, and the VACORP pool is administered by the Virginia Association of Counties. Settlement amounts under these policies have not exceeded insurance coverage for the last three fiscal years. The limits of the pools' liability to the Authority are as follows: VMGSIA - Workers' Compensation: Specific excess limits as per statute, aggregate excess limits up to the limits of the Aggregate Excess Loss Fund. Employers' Liability: $1,000,000 for each accident, $1,000,000 policy limit for injury by disease. 34 VACORP - Public Officials' General Liability - $3,000,000 per occurrence, $3,000,000 annual aggregate, payment of all defense costs, $100,000 limit on property damage. The Authority continues to carry commercial insurance for all other risks of loss, including employee health insurance. Claims have not exceeded coverage for the last three fiscal years. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required Supplementary Information . . . . Retirement Plan Schedule of Funding Progress for the Authority . Last Five Fiscal Years . . . . . . . . . . . . Unfunded (Excess Funded) Unfunded Actuarial (Excess Funded) Actuarial Actuarial Accrued AAL as 0/0 Value of Accrued Liability Funded Annual Covered Valuation Assets Liability (UAAL) Ratio Covered Payroll Date (AVA) (AAL) (3) - (2) (2) I (3) Payroll (4) I (6) (1) (2) (3) (4) (5) (6) (7) 6/30/2005 $5,791,827 $7,234,700 $1,442,873 80.06% $2,079,915 69.37% 6/30/2004 $5,541,172 $5,665,158 $123,986 97.81% $2,035,886 6.09% 6/30/2003 $5,389,914 $5,196,512 ($193,402) 103.72% $1,918,213 -10.08% 6/30/2002 $5,232,067 $4,657,112 ($574,955) 112.35% $1,788,253 -32.15% 6/30/2001 $5,016,446 $4,091,967 ($924,479) 122.59% $1,709,785 -54.07% I. . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . STATISTICAL SECTION This part of the Albemarle County Service Authority's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about its financial health. Contents Financial Trends......................................................... ........................... .............37 - 38 These schedules contain trend information to help the reader understand how the Authority's financial performance and well-being have changed over time. Revenue Capacity... ............................................................................................ 39 - 41 These schedules contain information to help the reader assess the Authority's most significant revenue source, water and sewer charges. Debt Capacity....... .......................... .................................................................... 42 - 43 These schedules present information to help the reader assess the affordability of the Authority's current level of outstanding debt and the Authority's ability to issue additional debt in the future. Demographic and Economic Information.........................................................44 - 45 These schedules offer demographic and economic indicators to help the reader understand the environment within which the Authority's financial activities take place. Operating Information....................................................................................... 46 - 50 These schedules contain service and infrastructure data to help the reader understand how the information in the Authority's financial report relates to the services the Authority provides and the activities it performs. Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. The Albemarle County Service Authority implemented GASB Statement 34 in fiscal year 2003; schedules presenting information relating to GASB Statement 34 include information beginning that year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... GI :is III I- In "C C QJ - ~ fa V C fa C u:: ~ 'i: o J: .... j <I: GI u .~ GI U) ~ C III j U o III U u: GI :l "- i:Glj III III 0 E~u.. GI........ ~ GI III <l:Z~ ........ 0'1 c 111:0 "- c III :J GI 0 >- t: CO ...... o III 'Vi CO .0 CO :J '- U U CO '-' "- III GI >- III U III u: ~I ~I ~I ~I ... Q) III III CO ... Q) z (V) '" <;;t" 00 '" '" <;;t"~ '" - ('oJ U) Lt) ('oJ~ U) (V) ,.-t '" - co co co 00 '" <;;t" rrl U) - o Lt) CO o~ 0'1 '" ('oJ U) - ... .0 Q) "0 "0 Q) ... CO Qj '- ...... o ... Q) C 1Il~ ... Q) III III CO CO ... '0. CO u C "0 Q) ... 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Revenue Capacity (continued) Water Sewer Rate Rate Monthly per per Fiscal Service 1,000 1,000 Year Charge Volume/Period Gallons Volume/ Period Gallons 1997 $ 4.20 0-4,000,000 $ 2.18 Metered Water $ 2.20 and Over 4,000,000 $ 1.88 Consumption 1998 1999 $ 4.20 0-4,000,000 $ 2.25 Metered Water $ 2.25 and Over 4,000,000 $ 1.95 Consumption 2000 2001 $ 4.25 June 1 - October 31 $ 2.70 Metered Water $ 2.25 November 1 - May 31 $ 2.20 Consumption 2002 $ 4.25 June 1 - October 31 $ 2.82 Metered Water $ 2.51 November 1 - May 31 $ 2.32 Consumption 20031 $ 4.25 June 1 - October 31 $ 3.27 Metered Water $ 2.91 November 1 - May 31 $ 2.67 Consumption 2004 $ 4.25 June 1 - October 31 $ 3.45 Metered Water $ 3.74 November 1 - May 31 $ 2.85 Consumption Single-family 2005 $ 4.38 Residential: and 0-3,000 $ 3.06 Metered Water $ 3.74 2006 3,001-6,000 $ 3.67 Consumption Over 6,000 $ 6.56 Multi-family and Non-Residential: all metered $ 3.90 consumption All Irrigation: 0-3,000 $ 3.06 3,001-6,000 $ 3.67 Over 6,000 $ 6.56 1 Drought, declaration of emergency _ water rates set at $7.48 per 1,000 gallons, effective 10/17/2002 - 01/27/2003 40 . . . Revenue Capacity (continued) . Albemarle County Service Authority Table 5 . Top Ten Revenue Payers Current Year and Nine Years Ago . Fiscal Year 2006 Fiscal Year 1997' . 0/0 of 0/0 of Water Total Water Total . Billed Water Billed Water Water Customers (in gallons) Rank Sales (in gallons) Rank Sales . Southwood Mobile Homes 26,912,000 1 1.64% 26,728,100 2 1.75% Four Seasons Apartments 25,525,200 2 1.56% 14,778,300 5 0.97% . Old Salem Apartments 21,376,600 3 1.30% Abbington Crossing Apts. 18,363,900 4 1.12% . Joint Security Complex 17,725,000 5 1.08% . Turtle Creek Apartments 16,044,900 6 0.98% Marriott ''The Colonnades" 14,278,500 7 0.87% . Westgate Apartments 14,108,000 8 0.86% 21,159,200 4 1.38% Boar's Head Inn 10,400,400 9 0.63% 14,524,200 6 0.95% . Hyosung (tire factory) 10,124,000 10 0.62% 10,088,000 9 0.66% ConAgra Frozen Foods 122,478,900 1 8.02% . Farmington, Inc. 24,147,800 3 1.58% G. E. Fanuc 12,498,000 7 0.82% . Eldercare Gardens 12,385,000 8 0.81% State Farm Mutual 7,370,000 10 0.48% . Total top ten 174,858,500 10.66% 266,157,500 17.42% . Fiscal Year 2006 Fiscal Year 1997 . 0/0 of 0/0 of . Sewer Total Sewer Total Billed Sewer Billed Sewer . Sewer Customers (in gallons) Rank Sales (in gallons) Rank Sales Four Seasons Apartments 25,525,200 1 1. 98% 14,778,300 5 1.25% . Old Salem Apartments 21,376,600 2 1.66% 14,493,200 6 1.22% Abbington Crossing Apts. 18,363,900 3 1.43% 17,814,850 3 1.51 % . Southwood Mobile Homes 18,231,974 4 1.42% Joint Security Complex 17,725,000 5 1.38% . Turtle Creek Apartments 16,044,900 6 1.25% 16,170,700 4 1.37% Marriott ''The Colonnades" 11,777,300 7 0.91% . Westgate Apartments 13,597,600 8 1.06% 20,363,300 2 1.72% Boar's Head Inn 10,350,200 9 0.80% 14,365,700 7 1.21 % . Hyosung (tire factory) 3,164,100 10 0.25% ConAgra Frozen Foods 134,682,541 1 11.38% . Farmington, Inc. 8,623,800 10 0.73% . G. E. Fanuc 12,498,000 8 1.06% Eldercare Gardens 12,385,000 9 1.05% . Total top ten 156,156,774 12.12% 266,175,391 22.49% . . 41 . Albemarle County Service Authority Debt Limitations Table 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Debt Capacity Albemarle County Service Authority Table 6 Ratio of Outstanding Debt last Ten Fiscal Years Debt Fiscal Number of Per Year Principal Interest Total Connections Connection 1997 $ 235,000 277,999 512,999 11,401 $ 45.00 1998 255,000 263,538 518,538 12,050 43.03 1999 270,000 251,135 521,135 12,496 41.70 2000 280,000 236,730 516,730 12,957 39.88 2001 295,000 222,823 517,823 13,410 38.61 2002 310,000 207,600 517,600 13,800 37.51 2003 0 146,981 146,981 14,304 10.28 2004 0 75,351 75,351 14,684 5.13 2005 351,700 66,324 418,024 15,187 27.53 2006 467,000 53,517 520,517 15,685 33.19 The Authority is not subject to legal debt computation. Albemarle County Service Authority Direct and Overlapping Debt Table 8 The Authority has not issued any debt which is overlapping with other jurisdictions during the last ten fiscal years. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Debt Capacity (continued) Albemarle County Service Authority Table 9 Revenue Bond Coverage Last Ten Fiscal Years Direct Net Revenue Fiscal Gross Operating Available for Year Revenue Expense1 Debt Service Principal Interest Total Coverage 1997 $ 7,246,703 6,169,722 1,076,981 $ 235,000 277,999 512,999 2.10 1998 7,932,568 6,632,672 1,299,896 255,000 263,538 518,538 2.51 1999 8,686,212 6,918,796 1,767,416 270,000 251,135 521,135 3.39 2000 8,721,093 7,308,641 1,412,452 280,000 236,730 516,730 2.73 2001 8,645,352 7,859,995 785,357 295,000 222,823 517,82:3 1.52 2002 9,019,808 7,990,365 1,029,443 310,000 207,600 517,600 1.99 2003 2 14,998,867 9,730,111 5,268,756 0 146,981 146,981 35.85 2004 14,339,922 11,268,843 3,071,079 0 75,351 75,35;1 40.76 2005 20,966,694 12,124,676 8,842,018 351,700 66,324 418,024 21.15 2006 18,154,018 12,968,131 5,185,887 467,000 53,517 520,517 9.96 lExcluding depreciation and amortization. 2Beginning in FY 2003, availability and system development fees for new services formerly classified as contributions on the balance sheet were reclassified as capital contributions in the statement of revenues, expenses, and changes in net assets; this change was made in conformance with the requirements Of GASB Statement 33, Accounting and Financia/ Reporting for Nonexchange Transactions. 43 Demographic and Economic Information Albemarle County Service Authority County Demographic and Economic Statistics Last Ten Calendar Years Calendar Year 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Sources: Population (1) 76,976 77,420 78,401 80,145 79,236 80,487 80,841 84,186 87,670 88,726 Per Capita Income as Percent (%) of U.S. Average (2) 104 104 103 105 104 106 107 108 108 109 Per Capita Income (2) $25,034 $26,307 $27,780 $29,226 $31,087 $32,505 $33,013 $33,973 $35,698 $37,552 Table 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School Enrollment (3) 11,344 11,626 11,644 11,981 12,187 12,237 12,140 12,251 12,356 12,378 Unemployment Rate (4) 2.1 2.2 1.4 1.5 1.3 1.7 2.2 2.9 2.2 2.7 (1) U.S. 2000 Census (2) U.S. Bureau of Economic Analysis, Charlottesville-Albemarle Area Per capita personal income is total personal income divided by total midyear population. (3) County of Albemarle, Department of Education (4) U.s. Bureau of Labor Statistics, Charlottesville Metropolitan Area 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ "C Q) :s c :p c o u ...... c o :p ra E I- ~ C loot U .- E o c o u W "C C ra .~ .c Co ra I- en o E Q) c .... .... (U :is IU I- ....... ~ C ::::I o ~U ._ (U I.. i: 0 OlUen J:E- "'" ..... ::::I (U III eta; (U et (U .~ ->- ~ l!! (U (U (U C II) >.- oZ ~Q.~ ::::I E IU OWl.. U""'IU (U III (U _(U>- I.. en EIU ; ~ ..... 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Operating Information (continued) Albemarle County Service Authority Table 15 Revenues by Source Last Ten Fiscal Years Fiscal Service Connection Rental Interest Year Charges Charges Income Earnings Other Total 1997 $ 6,286,926 178,967 73,464 462,952 244,394 7,246,703 1998 6,808,608 330,072 82,710 534,135 177,043 7,932,568 1999 7,625,278 122,912 106,355 509,033 322,634 8,686,212 2000 7,470,537 125,844 135,492 758,740 230,480 8,721,093 2001 7,446,712 125,180 112,486 698,529 262,445 8,645,352 2002 8,091,460 147,450 117,706 395,775 267,417 9,019,808 2003 9,399,696 129,884 119,818 306,223 257,838 10,213,459 2004 9,619,047 169,585 121,844 29,310 290,877 10,230,663 2005 10,864,722 185,829 48,533 237,438 372,125 11,708,647 2006 12,083,954 178,510 62,748 251,877 475,452 13,052,541 Albemarle County Service Authority Table 16 Expenses by Function Last Ten Fiscal Years Water & Departmental Bond Fiscal Sewer Operation Interest Year Costs Expenses Charges Depreciation Other Total 1997 $ 3,945,762 2,219,381 278,593 1,143,301 14,153 7,601,190 1998 4,111,403 2,371,968 262,326 1,203,937 251,670 8,201,304 1999 4,414,573 2,504,223 251,135 1,296,242 127,969 8,594,142 2000 4,602,401 2,706,240 236,730 1,289,408 14 7 ,868 8,982,647 2001 4,959,897 2,900,098 222,823 1,501,485 104,589 9,688,892 2002 5,016,910 2,973,455 207,600 1,547,758 9,574 9,755,297 2003 6,241,488 3,488,623 146,981 1,584,432 68,008 11,529,532 2004 7,523,551 3,626,285 75,351 1,667,929 43,656 12,936,772 2005 8,176,468 3,948,208 66,324 1,600,238 126,884 13,918,122 2006 8,854,981 4,113,150 53,517 1,861,723 84,722 14,968,093 . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . Operating Information (continued) Albemarle County Service Authority Schedule of Insurance in Force June 30, 2006 Table 17 Policy Period Policy Annual Insurer Tvpe of Coverage Number From To Premium V ACORP General Business Policy: VA-AL-004A-06 7/1/2005 6/30/2006 $50,226 Auto General Liability Property Excess Liability & Crime Travelers Boiler & Machinery BMG 3668A824 7/1/2005 6/30/2006 $914 VACORP Public Officials' Liability V A-AL -004A-06 7/1/2005 6/30/2006 $6,133 Virginia Municipal Group Workers' Compensation 107 7/1/2005 6/30/2006 $37,602 Self Insurance Association Albemarle County Service Authority Table 18 Billed Services and Connections Last Ten Fiscal Years Consumption Fiscal Water Water Ratio Sewer Sewer Year Connections (Billions of gallons) WaterlSewer (Billions of gallons) Connections 1997 11,401 1.53 1.3 1.18 8,681 1998 12,050 1.64 1.3 1.23 9,124 1999 12,496 1.80 1.4 1.33 9,566 2000 12,957 1.75 1.3 1.30 10,004 2001 13,410 1.67 1.4 1.23 10,437 2002 13,800 1.70 1.4 1.23 10,839 2003 14,304 1.45 1.3 1.10 11,326 2004 14,684 1.47 1.3 1.15 11,694 2005 15,187 1.54 1.3 1.22 12,260 2006 15,685 1.64 1.3 1.29 12,697 49 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operating Information (continued) Albemarle County Service Authority Table 19 Construction Activity, Property Value and Bank Deposits Last Ten Fiscal Years Fiscal Property Bank Year Construction Value Deposits 1997 $ 379,334 44,956,750 328,635 1998 1,664,163 49,144,617 353,154 1999 1,038,101 52,466,706 613,653 2000 1,411,587 53,158,555 370,848 2001 1,173,888 56,721,693 349,945 2002 1,766,289 60,267,759 1,314,036 2003 1,447,449 63,341,335 2,069,958 2004 173,456 63,867,874 8,659,515 2005 1,180,133 71,877,448 4,724,948 2006 1,266,241 73,909,843 8,260,750 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMPLIANCE SECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ROBINSON~ FARMJER~ Cox ASSOCIATES CERJlflED PUBLlC1CCOUNI;1lY IS ,1 PROIESSlON/1L UMI rED LI/,BIL11 Y COMP/1NY Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To The Honorable Members of The Albemarle County Service Authority Charlottesville, Virginia We have audited the accompanying financial statements of the business-type activities of the Albemarle County Service Authority, as of and for the year ended June 30, 2006, which collectively comprise the Albemarle County Service Authority's basic financial statements and have issued our report thereon dated August 10, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; Specifications for Audits of Authorities, Boards, and Commissions issued by the Auditor of Public Accounts of the Commonwealth of Virginia; and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reportinq In planning and performing our audit, we considered the Albemarle County Service Authority's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness -is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Albemarle County Service Authority's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the audit committee and mana'~ement, and is not intended to be and should not be used by anyone other than these specified parties. ,e&'-'~,4 aUd~~~ Charlottesville, Virginia August 10, 2006 51 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Six Year Secondary Road Plan 2007/08-2012/13 AGENDA DATE: January 3, 2007 SU BJ ECT/PROPOSALlREQU EST: Work session to review the County's Priority List of Road Improvements and VDOT Six Year Secondary Road Plan ACTION: INFORMATION: X CONSENT AGENDA: ACTION: IN FORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Benish, Wade ATTACHMENTS: Yes ! // ,- I ,r' 1/1. / J -4"{;V LEGAL REVIEW: Yes REVIEWED BY: / BACKGROUND: The Virginia Department of Transportation's (VDOT) Six Year Secondary Road Improvement Plan must be reviewed and approved every year by the Board of Supervisors. The first step in this annual process is to review the County's Priority List of Secondary Road Improvements, which is used as the basis for development of the VDOT Six Year Plan. The Planning Commission held a work session on November 21, 2006 and recommended no changes to the draft County Priority List found in the Planning Commission's staff report (Attachment A). STRATEGIC PLAN: Goal: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs. . Develop a comprehensive strategy/plan for funding future needs. . By June 30, 2010, expand regional transit opportunities, while accelerating the completion of the Meadow Creek Parkway, 2 local, and 2 regional transportation projects, DISCUSSION: The primary purpose of this work session is to: 1. Provide an initial overview of the Six Year Road Plan process; 2. Review the status of existing projects on the County's priority list of road improvements and potential projects to be considered for inclusion in this year's revision of the list; and 3. Set public hearing date for consideration of the County Priority List and VDOT Six Year Secondary Plan, Due to the funding shortfall at the state level, the focus of this year's review and update is to allocate all available funds to the priority projects identified by the County through the Strategic Plan, specifically the Meadow Creek Parkway, Jarman's Gap Road, and Georgetown Road (the "two local projects" identified in the Strategic Plan). Staff and VDOT are proposing to move all available previous funding allocations to other lower priority projects, along with future year allocations, to the Meadow Creek Parkway, Jarman's Gap Road and Georgetown Road projects, in that order, to keep these three projects on schedule, To date, the County has already authorized VDOT to move prior Revenue Sharing Program funds and prior secondary fund allocations from the Free State Road, Old Ivy Road and Proffit Road projects to cover some of the shortfall on the Meadow Creek Parkway. As a result, approximately $6,2 million in funds have been transferred to the Meadow Creek Parkway project. The County is also requesting additional Revenue Sharing Program funds this year (FY 07) which, if awarded, would result in an additional $2,5 million for the Meadow Creek Parkway. VDOT Residency staff has recommended applying FY 07 Revenue Sharing funds to the Meadow Creek Parkway project to ensure that sufficient funds are available to cover the current estimated funding shortfall. Any funds from other sources or prior allocations from other projects which may become available in the future (no longer necessary to cover the parkway project) could then be transferred to the other high priority local projects such as Jarman's Gap Road and Georgetown Road. VDOT has provided updated funding information (Attachment B) for the draft VDOT Six Year Secondary Road Improvement Program which is reflective of the strategy noted above. AGENDA TITLE: Six Year Secondary Road Plan 2007/08-2012/13 January 3, 2007 Page 2 The only other changes recommended by County staff to the County's Priority List of Road Improvements-Strategic Priority List (Attachment A, Exhibit C) is the addition of the Advance Mill bridge improvement project and the Study of the Eastern Connector Road, and the deletion of the Airport Road project (completed). No other new projects are proposed to be added to the Strategic Priority List this year. BUDGET IMPACT: The Six Year Road Planning process primarily establishes the County's priorities for the expenditure of StateNDOT secondary road construction funds. The County has already directed VDOT to transfer previously allocated funding from the Proffit Road, Old Ivy Road and Northern Free State Road projects to Meadow Creek Parkway, Jarman's Gap Road and Georgetown Road projects in an effort to maintain the current construction schedules. Additionally, funding is already earmarked in the CIP for revenue sharing and transportation projects to match the Revenue Sharing Program funding request for FY 07. RECOMMENDATIONS: This work session is to receive comments from the Board of Supervisors on the draft Priority List. Staff recommends setting a public hearing on the County Priority List of Road Improvements and the VDOT Six Year Secondary Road Improvement Program for February 14, 2007. ATTACHMENTS: Attachment A: Staff Report with Attachments Presented to the Planninq Commission on November 21,2006 Attachment B: VDOT's Draft Six Year State Secondary Improvement Program 06.188 Attachment A STAFF PERSON: WORK SESSION: JUANDIEGO WADE, DAVID BENISH NOVEMBER 21,2006 SIX YEAR SECONDARY ROAD PLAN FOR 2006-2012 INTRODUCTION The purpose of this report is to provide => Initial overview of the Six Year Road Plan process; '-=> General review of the existing projects on the County's priority list of road improvements and potential projects to be considered for inclusion in th s year's revision of the list; and => Opportunity for the Planning Commission to discuss the County other potential projects/issues not on the Priority List Six Year Plan Process The Six Year Secondary Road Construction Plan is VDOTs Plan for the allocation of road construction funds for improvements to Secondary Roads (Route 600 and above) fo" a six year period. It consists of a priority list of projects and a financial implementation plan. The Plan is based on local priorities adopted by the Board of Supervisors. The County typically reviews this priority list of projects every year Exhibit A is the current adopted County Priority List for Secondary Road Improvement, adopted by the Board on January 4, 2006. Since 1986, the Commission and Board of Supervisors have approved a priority list of road improvement projects that would cost, in total, in excess of available funds over the six-year planning period. With such a list developed, subsequent VDOT Six Year Plans can be prepared and revised in response to available annual funds. The County has used a locally derived criteria- based rating system to prioritize road improvement projects in the County, This system, with some modifications and refinements, has been used since 1988 with modifications made in 2004 The County's Six Year Secondary Road Priority List (Exhibit A) is one list, but has four sections: Section 1- Lists the County's top strategic pnorities (1-23), These priorities are the County's most important projects to be considered for construction. Section 2- List an inventory of potential projects. Section 3- List the projects that are to be considered for paving. The paving projects have been divided into those that qualify for rural rustic road paving and regular paving Section 4- List the technical data for the top strategic priorities (Section 1). Due to the stalemate at the Virginia General Assembly to adopt a transportation budget and the escalating cost of projects, there will be very little change to the priority list this year. Staff's major focus is to support the Strategic Plan strategies for transportation adopted by the Board of Supervisors this year -Exhibit 8, The Strategic Plan calls for the acceleration of the construction of Meadow Creek Parkway and two local transportation projects The Meadow Creek Parkway, Jarmans Gap Road and Georgetown Road are the three projects that staff will focus on to accelerate as part of the Six Year Secondary Road Plan process based on the Strategic Plan for the County Staff has directed VDOT to allocated any and all necessary funds from existing projects on the Priority List towards Meadow Creek Parkway, Jarmans Gap Road and (3eorgetown Road in that order, Staff has been informed by VDOT the Meadow Creek Parkway now has a $4,5 million shortfall. Staff is applying for revenue sharing funding in the amount of $1.5 million, which would be match by $1 million from VDOT for $25 million towards this deficit. There is no guarantee the County will be successful in being awarded revenue sharing funds, Additional, staff has requested VDOT re-allocate previously earmarked funds from Old Ivy, Proffit Road and Free State Road projects towards the Meadow Creek Parkway including 1.27 million in local match of previous revenue Sharing funding allocations Staff believes these efforts will keep Meadow Creek Parkway on schedule for a June 2008 advertisement date. By removing funds from these projects, the estimated advertisement date will be changed. The new ad date has not been determined at this time. NEW PROJECTS/PUBLIC REQUESTS Staff received several requests from the public and the School Department to be considered for inclusion on the Priority List These projects include Public Pavinq Requests- · Rt. 637 between Rt 691 and Rt. 635 · Rt. 721 between Rt. 6 and Rt 630 School Department Pavinq Request · Route 698 Hungry town Road from Route 633 to dead end · The School Department had eight other paving requests, These paving requests are currently listed on the County's Six Year Secondary Road Priority List. Staff requested VDOT to undertake any maintenance improvements on these roads since it could be many years before paving could take place The public and school requests have been added to the County's Six Year Road Priority List based on the criteria approved by the Board of Supervisors. New requests typically are ranked low on the Priority List due to the number of projects that are currently in the six year funding cycle. None of these projects made it to the list of top strategic priorities. Staff also added the Eastern Connector Road and the Advance Mill Bridge to thE! County strategic priorities (1-23) The County and City are currently studying an alignment for the Eastern Connector (Priority # 23) and the Advance Mill Bridge (Priority #18) has a very low weight limit (3 tons). VDOT is currently developing several new crossing options for the ultimate replacement of the bridge, The public continues to violate the weight limit. The bridge had to be closed for several weeks earlier this year due to a vehicle breaking a part of the bridge. There are no bridge ready made replacements parts available for the steel span bridge, Parts for this bridge have to be specially made, which takes time and cost more money, Th,= Police Department has increased surveillance, but enforcement continues to be a problem, VDOT has informed the County that the bridge may have to be closed until a new bridge is constructed if the weight limit violation continues. Exhibit C is the proposed County Priority List for Secondary Road Improvement for this year, which incorporates the projected discussed above. ADVANCEMENT OF PROJECTS Staff has scheduled the Planning Commission review of the proposed Six Year Plan (E>l:hibit C) as consent agenda item, This has been done for the following reasons: 2 The Planning Commission typically does not take public comment or hold a public hearing. Any discussion or comments from The Commission, or any recommendations are forwarded to the Board of Supervisors The Board will hold a work session and public hearing on the Priority List and associated VDOT Six Year Road Construction Program prior to adoption The Board of Supervisors requested staff simplify the Six Year Road Priority List (Exhibit C). Staff reviewed the information on the Priority List and determines that all of the information is pertinent information that the Board of Supervisors have requested to be included over the years. Staff decided to leave the information in place and develop an Explanation Sheet (Exhibit D) that will accompany Exhibit A The explanation sheet will give the public general overview of the Six Year Planning Process and the definitions of headings on the Priority List. The Abbreviated version of the Strategic Priorities will list the Strategic Priorities, but will only include certain information. Staff wanted to keep the additions to one page each. Staff also developed an Abbreviated version of the Strategic Priorities -Exhibit E. This information will be available to the public. It provides a general overview of the Strategic Priorities without all of the data on the regular sheet. Staff believes this information will clearly explain the process and the meaning of the various heading and provide a simplified list of the County Strategic Priorities, which are the priorities the County intends to focus These sheets will be attached to the Priority List approved by the Board of Supervisors. RECOMMENDATION For information, review and comments. No Action is necessary. Planning Commission comments will be forwarded to the Board for consideration. 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'- ~ . ~ Ci ~ "' ~ 0 M '" ~ ~ .~ I o o o ~ ~ ~ :~ 0 U- ~ ~ ~ ~ ~ o 0 0 0 coo 0 0 0 0 0 0 0 0 c ~ 0 0 0 z z z z z z z z z z Z z z z Z z ~ z z z ~ .. a: ~ ... a:: ~ ~ u ~ o ~ 8 8 ~ ~ ~ ~ ~ 0 ; ;.i M ~ >- >- "0 "0 " " i7. (7) ~ ~ 5S ~ ~ ~ ~ E ~ : E ~ E ~ E E ~ 7 E z ~ E ~ z E ~ ~ 0 ~ ~ ~ c Ccc c:c o ~ 0_ _2_~~., 0 - - III 0 0 o~~~-=~ ~ai~ ~ ~g&uu ~:::I~ - - -n~p=~~"O~"O~ E22 09~~~~?~ ~~[[~e&[i[i~ ~ & ~ ~ ~ ~ ~ ] ~ ~ E E 1 r ~ E ~ f ~ & c~ ~ ~~~ ~ ~~8.~O ~.~ ~ ifJifJV) (f) (.f) {f;~~ M ~ ~ >- i i w i Iii i I i u 0 ~ 0 m 3 0 U ~ 0 u >- >- .. Q; a. n; (3 V) >- >- ~;>-'~C>'>'>>-- ~~I~~~,L! u u ~ .., ~ ~ ~ .c 1i . ;s !:! ~ 0 o ... ~ ~ ~ ~ w ~ z ] w ~ z w ~ o a: f- f- f- a:: 0' a:: 6 ~ 6 ~ .. [~ ~ a; n:: r- 0: i ~ ~ ~ ~ ~ u ~ C ~ >- U :::l c: ~ <i) ~ n: ~ I- Cll (lJ ~ a:: 0 ] ~ A ~ z "0 ~ u; o <r ~ rr ~ ~ w ~ rr o (""l C ~ 0 :;;:J ~ ~ : i c g ~ ~ ~ .. "0 E c: III E 1:l "0. 8 J5~.E ~ ~ i ~ ! ~ j ~ g III .0 :..c: :.c a: ~ ~ f- > ~ U I c () ~ 5 o (fJ ~ ~ g ~ 2 ...; ~ 8 g ~ ~ ~. B 8 ~ ~ ~ ~ 2 8 .. N .. .. ~ ~ ~ s ~ ~ ? ~ ~ ~ ~ ~ ~ m C o ~ -~ Exhibit A a <5 ~ ~ :> ::> c c ~~ o ~ '" <i . ; ~ j ~ ~ g 12 g ~ ~ . ~ ~ ~ ~ ~ s '" ~ ~ o cr E ~ ~ ~ :; Ii oc ~ ~ " ~ ~ ~ ~ o .,. rr D <i Y ~ ! ij i2 . '" I " , E ,f Exhibit 8 rs t;~t~~i~-~bj~~;i~~;" - ... ----TI if Ii 3.1 Ii d I: I! :1' i , L:-~ By June 30, 2010, expand regional transit opportunities, while accelerating the completion of the Meadowcreek Parkway, 2Ioca/, and 2 regional transportation projects. Goal Three: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs Transportation Albemarle County, like all parts of Virginia, has been experiencing an increase in transportation congestion alongside a decrease in state transportation funding and construction. The County has his- torically relied on the Virginia Department of Transportation (\lOOT) for the funding and implementation of VoOT's secondary road con- struction and maintenance programs. The County does not have the necessary legal authorities, staff resources, expertise and funding mechanisms to administer the County's secondary road system adequately In recent years, the County has had an enhanced role in certadn ar- eas of road construction, The County has also addressed transpor- tation needs by funding public transportation provided by Charlottes- ville Transit Service (CTS), serving parts of the County's urbanized areas, and JAUNT, serving all parts of the County on a fixed route and demand response basis Because of the increasing transportation needs and costs and de- clining state funding, a gap in addreSSing transportation needs has developed that wII' only expand for the foreseeable future, The Board deSires to use transportation funds In the CIP for local projects and directed staff to engage in discussions with VDOT on pOSSible ways to accelerate Six-Year Secondary Road Plan priority prOjects and local priorities not yet approved for funding by VDOT, The County's current transportation strategy is as follows: Continue to pursue all available VoOT funding Maximize leveraging of state revenue sharing funds Pursue regional solutIOns for Important regIOnal projects Utilize local funds for studies and design, and construction in certain circumstances Dedicate a portion of CIP funding to accelerate priOrity local road projects in the VDOT Secondary 6-Year Plan and In approved master plans Utilize proffers as a component of funding needed Improvements Provide funding for publiC transportation """'''''''''''''''.'''""",c."".'''''''''''''',"",.,."."" 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E :Z ~ ~ E ~ z ~ ~ o 0: >- ,... >. >- >- :>.. >- .~ ~ ~ ~ ~ ~ ~ .~ ~ OU)UUUUUo u ~ o ~ no ~ ~ ~ ~ : ~ >- ~ .~ () u >- >- >- .~ >-'~ >- l': >- >- .c >. ;0- ~ I ~ I ~ ~ ~ ~ ! ! ! u u o ii ~ ~ :<; f ] u o '" g i 6 ~ u ~ " '" no . i ~ '" t "' !2 ~ i i ~ I ~ 7: Ci fi ~ l ~ c o ~ ~ j E .9 " o o .g- :; 8 :5 ~ ~ : a. ~ ~ ~ ~ c c Vi E ~ ~ ~ j l i ~ Q ~ ~ ~ .; u ~ : ID ~ '0 E:. E:. a: f- ::...~ Exhibit C - ~ ~ ~ ~ ~ n o 0: ~ ~ " ~ u o '" " B ~ no <5 ~ " ~ i ~ " " ~ Exhibit D SIX YEAR SECONDARY ROAD PLAN Explanation Sheet Six Year Plan Process The Six Year Secondary Road Construction Plan is VDOTs Plan for the allocation of road construction funds for a six year period. It consists of a priority list of projects and a financial implementation plan. The Plan is based on local priorities adopted by the Board of Supervisors. The County typically reviews this priority list of projects every year. The VDOT Six Year Road Construction Plan is the implementation tool for the County Priority List for Secondary Road Improvements The funding VDOTs base its financial implementation plan various from year to year, but generally ranges between $2.5 million to $4 million. The County annually contacts the Town of Scottsville (VDOT via the County is responsible for the Town of Scottsville roads), County Pupil Transportation Department and Fire/Rescue for projects to be included in the County Prionty List for Secondary Road Improvements. The County also considers various studies for potential projects This process occurs annually. Description of Headinqs on Priority Sheet: VDOTs Priority Rankinq- VDOTs Priority List only includes projects that will be constructed or will receive funding over the next six year VDOT works closely with the Board of Supervisors to determine the priorities. County's Priority Rankinq-The County has priontlzed all projects. Many projects will not be completed or funded within SIX years County staff utilizes criteria established by the Board of Supervisors to determine to priority. Route Number and Name- The route number is the state route and name is name designated by the County E-911 system. Location From/To- This identifies the terminus points of the project Estimated Advertisement Date (EAD)- VDOT estimates a date when a project will be advertised for construction. The advertisement period could take 30-90 days depending on the project A project must be in VDOTs Six Year Construction Plan in order to receive an EAD. This date is frequently changed by VDOT due cost increases. Estimated Cost- VDOT establishes a cost estimate for each project This estimated cost frequently changes and final costs are often higher than originally estimate. Description/Comments- This column attempts to describe the road improvement and/or provide comments concerning the project. Justification for Proiect/Source of Request- This column list who requested the improvement(public, staff, Scottsville, School, Fire/Rescue, study, etc.). This column also identifies if the purpose of the project (safety, capacity, etc Year Project was placed on Priority List- This column proVides the year the project was added to the priority list This information is available for projects added after 2003 Most Current Traffic and year of count- Traffic count and year the count was conducted. 11 w .... ii .!:: >< W rJl .... o rJl ~ ~ ::J (f) 00- o -a .... ctI o a:l IV .J::. ... ~ -a IV > o .... ~ <t rJl ... o IV '0 .... 0.. -a ctI o c::: ~ ctI -a I:: o o IV (f) .... o 00- rJl IV ; ';:: o .;:: 0.. o 'g ... ctI .... ... (f) ~ I:: ::J o U IV .... ctI E IV ..c <t CD o o N "<t ~ ::J I:: ctI . o 000 000000 -a 1.000('<)00 IV -.i .,-_ ci (() -.i 00_ ro "<tLOOmNN E.... 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(J) ~ E ~ ~ ~ ~lYlY '" iO o o z Secondary System Albemarle County Construction Program Estimated Allocations Fund FY200B FY2009 FY2010 FY2011 FY2012 FY2013 Total ---------------------------------------------- Formula Secondary Mixed $0 $0 $0 SO $0 $0 $0 Secondary Unpaved Roads $609,565 $501.743 $372.684 $376.216 $337.710 $337.710 $2.535,628 TeleFee $263,581 $260.945 $258.336 $255,752 $253,195 $253,195 $1.545.004 STP Converted from 1M $199.661 $200.279 $247.052 $187,985 $163,360 $163.360 $1,161.697 STP $102.028 $99,466 $540 $130,630 52.902 $2.902 5338,468 MG Formula $168,022 $164.587 $164,041 $160.848 5202,887 $202.887 51,063.272 BR Formula $219.862 $298.399 $0 50 $0 $0 5518.261 Formula STP - Match 5480,746 $453,491 $352,480 5361,386 $391.387 5391.387 $2,430.877 State Funds $586,646 50 $0 $0 $0 50 $586.646 Formula STP $1,233,413 $1 .246.054 51,271.564 51 ,297,596 51.324.160 $1,324.160 57.696,947 ---------------------------------------------- Total $3.863.524 53.224,964 52.666.697 $2,770,413 $2.675,601 $2,675.601 517,876.800 Board Approval Date: 1/5/2006 ------------------------ James Utterback Residency Administrator Date ------------------------- Robert W. 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"5 l' " ro o ro > ~ Cl ~ <<: -g ~ o 0 l' OJ u c <:i is Albemarle County Funding as of 01/03/2007 UPC-2530 Meadowcreek Parkwav · CUITent Estimate $25,460,283 · Previous Funds $18,222,932 · Revenue Sharing Transfer $3,446,358 (detail listed directly below) o Rt. 649 UPC-54415 $1,489,840 (744,920 x 2) 2005-06 o Rt. 649 UPC-54415 $963,118 (481,559 x 2) 2004-05 o Rt. 601 UPC-8807 $993,400 (496,700 x 2) 2000-01 · Project Funds Transfer $2,798,327 (detail listed directly below) o Rt. 649 UPC-54415 $602,476 o Rt. 601 UPC-8807 $893,001 o Rt. 651 UPC-52393 $ 1,302,850 (Free State Connector) · Revenue Sharing 1995-96S $75,096 · Allocations - 2008 $830,227 · Allocations - 2009 $87,343 · Project estimate amount is fulfilled in 2009 UPC-11129 J armans Gap Road Phase 1 Jarman Lake Road to 240 · Current Estimate $ 13,003,351 · PrevIOus Allocations $ 5,696,143 (Including Rev. Sharing 99-2000) · Allocations - 2008 $ 2,128,904 · Allocations - 2009 $ 2,137,982 . Allocations - 2010 $ 2,103,996 · Allocations - 2011 $ 2,221,324 · Amount needed to complete ($ 1,284,998 over estimate) UPC-12982 Georgetown Road · CUlTent Estimate $ 7,224,500 (Change of scope expected and estimate will decrease) · Previous Allocations $ 2,017,445 · Required for cunent estimate $4,386,905 (Estimate expected to change) Allan D, Sumpter Charlottesville Residency Administrator Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 ~ IL. CHARLOTTESVILLE RESIDENCY MONTHLY REpORT DECEMBER 2006 ALBEMARLE COUNTY BOS ACTION ITEMS David Slutzkv · Intersection of Route 29 and Hydraulic - Adjustments will be made to this signal to allow a dual right turn onto Route 29 North. Also, modifications will be made to make the left turns protected onto Route 29 on each side of the intersection. Still in planning stage. · Rio Road signal synchronization - This has been submitted to Traffic Engineering for review. They are also reviewing the request to look at why vehicles exiting the gas station have priority at the signal at Greenbrier Road. Ken Bovd · Polo Grounds underpass - Reviewed 11/20/06 with Regional Traffic Engineer. Options being reviewed are stop signs, flashing lights, convex mirrors. At the request of CTB member Butch Davies, the Regional Traffic Operations Director and District Maintenance Engineer are to review this site. · Stony Point Pass Road - Staff reviewing the section from Route 22/230 as a Rural Rustic Road candidate. · Rock Hollow Road - Drainage work continues as weather permits. Completion to be in Spring 2007. · Intersection of Route 20/250 - Timing adjustments have shown some improvement in movements. Capacity problems will ultimately affect how much improvement can be made. Lindsav Dorrier · Maintenance needs were reviewed for Glen Dower Road and blading performed in the latter part of December. Dennis Rooker · Georgetown Road - Staffhas made requests for aerial survey. · Meadowcreek Parkway - Request for R/W update is reported in Construction section of this report. City funding status report is also listed as well. Dave Wyant · Jarmans Gap Road - Design staff updating survey plans to reflect development which has occurred. Looking at sidewalk separation from road grade, however, it is thought ADA requirements can't be met using this concept. · Millington Road Bridge - District has reported back with options. One possibility includes milling the surface, placement of a geotextile fabric to promote adhesion of repaving. Sallv Thomas · Old Ivy Road bridge - Deck pour completed. Additional work on parapets continue. Completion expected in late January to early February. · Reservoir Road - Working to set up a meeting in mid January to discuss options for this route. Page 1 of5 CONSTRUCTION Virginia Department o/Transportation 701 VDOT Way Charlottesville. VA 2291/ Active Construction Projects BP-7 A-OS (District wide bridge painting project) · Barracks Road - Proceeding with incidental cleanup. A waiting removal of sea container. · Painting of bridges, Routes 690 and 691 over 1-64, to be completed on or about 27 Dec 2006; derigging and cleanup to commence thereafter. Route 601, Old Ivy Road, 0601-002-6261, SR01 (Emergency Bridge Repair) · Deck has been placed. · Concrete placed for curb. . Forming parapet · Completion expected in late January to early February Bridge Deck Patching and Joint Repair Service Contract · Contractor performing nominal deck patching on 1-64 Bridges at various locations in western Albemarle County. PRELIMINARY ENGINEERING Albemarle County · Route 22 / 250 Intersection Improvements, 0022-002-104, C501 R/W is currently being negotiated. After R/W is acquired and utilities are relocated, Luck Stone will construct the project under permit. Meeting scheduled. · Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657 R/W phase update: An offer has been made for the Replacement Park Land (Total take - Parcel 007) and negotiations are underway. The appraisals are being prepared for the remaining parcels and offers/negotiations should begin in February 2007. All R/W should be clear by November 2007 and utility relocations will begin. Residency Staff is working with County staff to update funding. This project remains on schedule for a June 2008 advertisement. · Route 631, Meadow Creek Parkway, UOOO-104-102 (City portion) Project funding update: Estimated funding shortfall at this time is $5.1 million. Potential cost reductions and additional funding have been identified for $3.9 million leaving total shortfall at $1.2 million · Route 691 Jarmans Gap Road, 0691-002-158, C501 Survey update being scheduled to reflect new development and to finalize project estimate. It appears feasible to split this project into two, with the separation occurring at Jarmans Lake Road. Updated advertisement and funding schedule to be produced in Six Year Plan update. · Route 656 Georgetown Road, 0656-002-254, C501 The project will only include pedestrian and safety improvements and will not be federal. Aerial survey is being scheduled. · Route 643 Rio Mills Road, 0643-002-P76, N501 The curve has been staked in the field and a scoping meeting has occurred. Environmental is currently assessing impacts. · Route 769 Rocky Hollow Road, 0769-002-P89, N501 Culvert and grading operations will begin in the fall of 2006. The surface will be placed in the spring of 2007. Page 2 0/5 Virginia Department o/Transportation 70/ VDOT Way Charlottesville. VA 229// Greene County . Route 627 Bacon Hollow Road, 0627-039-195, C501 It has been determined that the project is not eligible for federal funding. Funding has been shifted to this project to be fully funded in F.Y. 2008. Transportation funding shortfall will possibly extend ad date. PLANNING, PERMITS AND LAND DEVELOPMENT Land Development Items Total This Total This Month Fiscal Year Special Use Permits and Rezoning Application Review 6 24 Site Plan Reviews for new Subdivisions 5 59 New Entrance Plan Reviews 34 69 Total Permits Processed 81 331 Utility Permits Processed 7 46 Inspection of new Subdivision Street conducted 15 39 Inspection of new entrance conducted 109 489 Miles of Street Accepted in the State System .20 1.29 TRAFFIC ENGINEERING Albemarle - Completed RTE LOCATION REQUEST ACTION 600 Int Rt 1005 (Watts (McClary School Bus Stop Ahead Completed 12/14/06; sent to sign crew to post PassaQe) Ct) 649 Between School Bus Stop Ahead Completed 11/28/06; sent to sign crew to post (Profitt) 29 & 505 Albemarle - Being reviewed RTE LOCATION REQUEST STATUS 616 (Black Between 250 & FCL Safety & speed study ToT raffic 12/13/06 Cat) 665 From 671 (Ballards Mill) Speed reduction To Traffic 12/13/06 (Millington) 250 From Ivy to West Leigh Request center turn arrows To Traffic 12/20/06 6 Main Street (Scottsville) Paint center lines To Traffic 12/20/06 731 Entire road Paint center lines To Traffic 12/20/06 (Keswick) Greene - Being reviewed RTE I LOCATION REQUEST ACTION I Page 3 0/5 ........ Virginia Department of Transportation 701 VDOTWay Charlottesville. VA 22911 MAINTENANCE WORK COMPLETED Albemarle County . Patching operations completed on Routes 20, 29, 250, 601 (Free Union/Garth), 610 (Lonesome Mtn), 626 (James River), 631 (Rio), 641 (Burnley Station), 652 (Old Brook), 654 (Barracks), 664 (Markwood), 665 (Buck MtnlMillington), 684 (Mint Springs), 690 (Greenwood Station), 810 (Crozet/White HalVBoonesville), and 847 (Watts Station). . Graded and replaced stone on Routes 600 (Stony Point Pass), 613 (Giannini), 617 (Rockfish River), 633 (Heards Mtn), 638 (Blacks Lane), 640 (Gilbert Station), 641 (Burnley Station), 643 (Rio Mills), 659 (Woodburn), 668 (Fox Mtn), 670 (Damon), 672 (Blufton),"673 (Breakheart/Slam gate), 678 (Ridge), 682 (Broad Axe), 683 (Shelton Mill), 684 (Half Mile Branch), 691 (Jarmans Gap), 702 (Reservoir), 704, (Fortune), 708 (Secretarys/Red Hill), 712 (Coles Rolling), 713 (Glendower), 714 (Riding Club), 716 (Forsyth), 720 (Harris Creek) 722 (Old Green Mtn), 725 (Dawsons Mill), 728 (Ed Jones), 734 (Bishop Hill), 736 (White Mtn), 737 (Mtn Vista), 745 (Poorhouse), 746 (Fosters Branch), 760 (Red Hill School), 761 (Briery Creek), 762 (Rose Hill Church), 769 (Rocky Hollow), 774 (Bear Creek), 792 (Stump Town), 793 (Serene) and 824 (Patterson Mill). . Litter pickup on Rt 250,665 (Millington), and 743 (Earlysville). . Cleared pipes and ditch work on Routes 250, 600 (Stony Point Pass), 640 (Gilbert Station), 641 (Burnley Station), 649 (Proffitt), 664 (Markwood), 665 (Buck Mtn), 668 (Fox Mtn), 691 (Jarmans Gap) 745 (Arrowhead Valley, 784 (Doctors Crossing), 854 (Carrsbrook), and 1496 (Oak Forest). . Mowing Routes 20,601 (Free Union), 614 (Garth), 633 (Heards Mtn), 665 (Buck Mtn), 729 (Milton), 698(Hungrytown), 738 (Morgantown), 810 (White Hall/Browns Gap), and 1165 (Southern Parkway). . Tree cleanup on Routes 20, 602 (Howardsville Turnpike), 627 (Porters), 706 (Dudley Mtn), 715 (Esmont), 726 (James River), 729 (N Milton), 746 (Fosters Branch), and 753 (Paces Store). . Rural Rustic Road Program performed on Route 744 (Hacktown). (Grading has been suspended due to weather until spring on this project. Pipe work to continue as weather permits.) . Guardrail repair on Routes 29 and 635 (Miller School). Greene County . Patching operations completed on Routes 646 (Blue Run), 650 (Mt Olivet), 654 (Mays), 667 (Middle River) and 1143. . Graded and replaced stone on Routes 601 (Mission Home), 605 (Durrett Ridge), 626 (Snow Mtn), 628 (Simmons Gap), 629 (Welsh Run), 630 (Rosebrook), 637 (Pocosan Mtn)), 638 (Turkey Ridge/Teel Mtn), 642 (Simms/Taylor Mtn), 646 (Blue Run), 668 (Peyton Lane), and 676 (Shifflett). . Ditch and pipe cleaning on Routes 29,33,605 (Durrett Ridge), 614 (Brokenback Mtn), 626 (Snow Mtn), 629 (Welsh Run), 632 (Wyatt Mtn), 634 (Bull Yearling); 637 (South River), 638 (Teel Mtn), 642 (Simms), and 667 (Middle River). . Worked Rt 33 Mtn for ice storm. . Worked accident on Rt 230. . Working on bridge on Route 646 (Garth). PLANNED MAINTENANCE WORK - JANUARY 2006 . Rural Rustic Road Program on Route 769 (Rocky Hollow). (Grading has been suspended due to weather until spring on this project. Pipe work to continue as weather permits.) . Daylighting school signs county wide. . Safety Service Patrol contractor looking after 1-64 in Albemarle County during peak hours. . Route 646 (Garth) bridge replacement in Greene County. Page 4 of5 Virginia Department of Transportation 701 VDOT Way Charlottesville. VA 2291/ MAINTENANCE BUDGET tIl c: ~ :5 Highway Maintenance Expenditures 20 - - Total Maint Budget ........Cumulative Budget .....o--Cumulative Actual 15 14.37 10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 1.60 o Jut-oe Aug-Ge Sep-oe Oct-oe Nav-Oe Dec-Oe Jan-07 Feb-07 Mar-07 Apr-07 May-G7 Jun-07 Page 5 of5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Sun Ridge Road Improvement Project AGENDA DATE: January 3, 2007 SUBJECT/PROPOSAL/REQUEST: Phase II Road Improvements ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACTCS): Tucker, Foley, Davis, Kamptner, Shadman, Kelsey ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: The objective of the Sun Ridge Road Improvement Project was to upgrade an existing privately maintained public road so that it could be accepted into the State system for maintenance. The project was divided into two phases. Phase-I consisted of replacing/widening the existing pavement from the Northfield Road intersection to the last driveway serving Lot 15 (Stacy) and improvements to the existing drainage system. Phase-II was to extend the road within the existing public right-of-way and along the existing graded but unpaved road-bed to serve three remaining undeveloped lots of record, as :' well as address improvements to the existing drainage system. As the Board may recall, this item has been discussed a ': number of times at Board meetings over the past several years. Through these discussions it was concluded that ;; expending funds on this project was reasonable because of the fact that a public right of way had been dedicated for the subdivision road, but the road was never built by the developer. At the time, the County did not have a road bond requirement and therefore was not able to guarantee that the road would be completed. Given these unique circumstances, the Board approved moving forward with this project. However, that commitment was limited at the time to a total cost of $150,000. Plans were prepared for both phases of the project and bids were received February 1, 2005. Unfortunately, the complexity of the Phase-II drainage issues increased the project cost above the budget approved for the project. Based on bids received, the total cost for both phases of the project came in at about $177,000, excluding any unforeseen costs associated with the design, easements and construction of stormwater improvements. Priority was given to the public health, safety and welfare of the residents along the existing portion of the street. Therefore, the County pursued the construction of the Phase-I improvements only. The Phase-I project was completed in August 2005 and accepted into the State System April 2006. The total cost of the Phase I project was about $130,000 leaving an unspent balance of approximately $20,000. An inquiry was recently received about the status of Phase II and staff was asked by Supervisor Slutzky to estimate the current cost of the public road extension and to explore possible alternatives. The purpose of this executive summary is to outline the full cost and scope of the Phase II extension and to explore several alternatives. STRATEGIC PLAN: Goal 1. Enhance the Quality of Life for all Albemarle County Residents. Goal 3. Develop Policies and Infrastructure Improvements to Address the County's Growing Needs. DISCUSSION: Oriqinal Phase-II Desiqn Plans (Kim lev-Horn Assocs. 2005): The January 2005 Phase-II design plans provided for a 350 foot extension of the Phase-I public street (18' wide), included a cul-de-sac at the "T" intersection of the existing undeveloped public right-of-ways (see Attachment 2), and drainage improvements to adequately convey stormwater runoff to an existing culvert under Huntington Road. Staff has generated a construction cost estimate of $169,700.00 based on these design plans (Attachment D). AGENDA TITLE: Sun Ridge Road Improvement Project January 3, 2007 Page 2 In the course of considering alternatives, staff determined that Tax Parcel 62A 1-F-1 0 (6.96 acres), just beyond the limits of the potential Phase II project, is zoned Residential (R2) and could be subdivided to create four new lots along the existing undeveloped public right-of-way (see Attachment A). While not a part of the Phase II project, if the roac were further extended at the cost of the developer of these lots, such a development proposal would allow for the extension of Sun Ridge Road to the existing Wakefield Road (Rte.651). This future private improvement, made possible by the full extension of Phase II, could benefit the County by encouraging the future infill or redevelopment of this parcel and providing an opportunity to complete the interconnection to Wakefield Road. However, this interconnection is not currently identified in the Comprehensive Plan as a specific transportation infrastructure improvement. Alternate #1: As an alternative to the full extension shown in the Kimley-Horn Associates design of Phase II, Alternative #1 minimizes the street extension to that necessary to serve the southernmost undeveloped parcel (Attachment C), This alternative limits the street extension to approximately 160 feet and takes advantage of the existing road fill and the depression on the west side to provide the new cul-de-sac. The drainage improvements provided in the Phase-II Design Plans would still be necessary, but the shortening of the street and relocation of the cul-de-sac could achie'/e a $40,000 reduction in the construction cost. However, this alternative requires the cooperation of the property owners to dedicate additional public right-of-way for the cul-de-sac and public drainage easements. Alternative #2: As an alternative to provide adequate access for the development of two of the three undeveloped lots, Tax Parcels 62A1-0F-7 and 62A1-0E-14 have frontage off the current Sun Ridge Road cul-de-sac and therefore can be developed as of today, pending VDOT approval of a driveway. It is important to note that the third parcel without street access, Tax Parcel 62A 1-0F-8, would not have the minimum frontage required by Albemarle County Code ~ 1 C:-6.4.1 under this alternative, and there is no legal basis for a waiver to allow access over a private driveway for this third parcel. Access over the undeveloped public right-of-way is not permitted under current regulations. Even if permitted, staff would have concerns that private driveways located within undeveloped public rights-of-way would create issues of "perceived ownership" and could not be authorized without a public hearing required before the County could transfer any public property rights now held by the County. Finally, if the County were to decide not to participate in the further extension of this road, a "private street" could be extended from the limit of the Phase-I project to serve the three undeveloped lots. The use of a "private street" would require authorization of the Planning Commission per Code ~ 14-233A. Since this street is located within the "aevelopment area", Code ~ 14-412 would require this street to be an urban section (curb & gutter), Therefore, the Commission would also have to grant a waiver (per Code ~ 14-225,1) to use the "rural private street" section consisting of 14 feet of pavement (grade exceeds 7%) with shoulders and ditches. The public right-of-way would need to be vacated by the Board and replaced with a private street easement. Lastly, the three properties served by the private street would need to record documents declaring their obligation to maintain the private street. A private street would have to be constr Jcted using private funds; public funds could not be used in this circumstance. BUDGET IMPACT: Based on the determinations made for the Phase I project, this road project is not eligible for State funding. The road extension would need to be constructed privately or funded by the County as a one-time capital improvement cost. If funded as a one time capital project, the alternative costs would be as follows: Phase II - Full Extension - $149,700 (equal to $169,000, minus the current $20,000 balance) · provides access to the remaining undeveloped lots in the subdivision and provides potential access to four additional lots if the road were further extended through private investment Phase II . Alternative I - $109,700 (equal to $129,700, minus the current $20,000 balance) · provides access only to the requesting subdivision to serve the undeveloped lots Phase II - Alternative II - $0 · provides access from the end of the current road to two of the three remaining lots RECOMMENDATIONS: Staff requests that the Board of Supervisors provide direction regarding the Phase-II portion of this project. SJecifically, should staff proceed with the final design and construction of Phase-II and which street option should be pursued? - AGENDA TITLE: Sun Ridge Road Improvement Project January 3, 2007 Page 3 ATTACHMENTS Attachment A Sun Ridqe Road Map Attachment B KH&A 2005 Plan Attachment C Alternate-1 Plan Attachment D Phase-II Construction Estimate 06.190 <0 o o N 0; Q) .0 E Q) " Q) Q B ~ .~ "'C ~ ~~~~ ~~~>. OE~~ ~~~.~ ~ ~~ o .. 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Attachment C ('1')..- ~:fi: Zw WI- ~<( IZ uO::: <(W 1-1- I-...J <(<( ,. .~ '3 ~ t;J: ~~ ~~~8~ "'515ili "15...l!s15 ~~~~~ B ~8 ~ ., 'L1..' ,., .") Sunridge Extension Phase 2 Cost Estimate to Complete Phase 2 with Detention Added Prepared by Thomas Gamson, Jack Kelsey, Greg Harper December 14, 2llllo This estimate is based upon the following: 1 Bid Documents by Kimley-Horn ASSOCiates SITEWORK General 'Ylobljlz~tion (1"10 01 Est. -::onstr'.;c::.:o(';, '::;o"s~ctJO!'I S(a;(oo,,"t ~ecorc SUNO\{ S...n-tota.l Demolition Remove g)Ostm~ concrete attCfl sectJon <:tiOflg Ht:r.rmglcn Trse r8mcvai Reic-cata $hruts PluQ eXisting Ojverr SUb~lCtal Earth work Sile prep" eJe.allng and grubblr1g Sril Fence :n~e! Prote-c';.!Q(l ROd< CheCk Dam Gonstru.:::ton Er.trnnce C'clt. Fd. CompacH15% fluff) Excess Cwt (not used for fill) Excess c<.:t !caaed Excess c...t hau,ed 5 /TIlies. 12 {;y trdck F!nai Graoircg Seedlf'lg and MI.,;~cn Jiydroseed) SUO.IO;al Storm Drainage 14"x23" culvert ....r:.der d:veway ~/':.p p'pie Q~cl liooch axcav \ BaddiU Witn 57 ~to{'\a Conc.rete Dilen 8cavSlB Concrete Ditch Section DIM? ~r.let 24" Con.c~te P!arec End Sections. Rip.Rae MiSC. Fittings SutHctal PAVING On Site Paving Asphaj: ?avTnq cS" 8ase) Aspha;t Pavtr.g (2~ SM-95a'j S;~nin;1 <inc Sl110,ng .fSMuld.er Erosloo COlilroi Marting Adjust IN<!~ar va;vt) r,e.ignts. S~O-lctal Phase 2 Base Bid Huntington Road (Alt #2) RemO\le eXIsting CUlvert IJnoer Hurltfl':g:on ~9"X3(}" culvert ",n;jaf HUiltlng:ton (reI' Dips and tre~;:t~ e>:cavatlv:l] Backfill Wft:", 5-7 s:Cr\8 30" Concrete Flared End Sect10ns Sttwcut eXisting culvert ;Jl"'ldet Hwtr":';'.Jt;)~ hunt;r,g1on R03C p-.atOl H'lifltlnqlon Road -r ,r-affle Contro! Sub-tot.al Quantity Unit Unit Cost Total 510.00000 S3,00000 S3,000 00 516,000.00 52,000 00 S1,20000 51,20000 S2.000 00 56,400 DO $3,50000 $776.00 530000 51.80000 51.500.00 54,185.00 51,07675 59,52135 S12,1l3.55 $486.00 52,138.40 $37,397 06 52,424.61 5227 50 5138.60 $5,250 00 $4700.00 55,00000 52,500 00 52,000.00 522,24071 Current Total $9,20700 $11,616.00 51,50000 $5,460 00 52.57868 S600.00 530.961.68 $106,599.45 Current Total 5700.00 $5.780.00 5682 50 $5,OODGO S280.CO $6.500.00 $5,00000 523,942,50 Phase 2 Sub-Total $130,541.95 Contingency (30%) $39,162.59 Phase 2 Grand Total $169,704.54 LS LS. L.S. $10,000.00 $3.000aO $3,000.00 200 U' $10.00 4 E.A. $30000 4 EA 5300 00 1 EA 52,00000 ~ 00 AC 53,50000 300 LF 50.97 EA $300.00 6 EA 5300.00 EA 51,500aO 279 CY $15.00 997 CY SU8 997 CY 59.55 997 CY $12.15 3.240 SY SO.15 3,240 SY $0.66 37 L.F $65 53 CY $45.50 210 LF $0.56 210 L.F 525.00 1 EA $4,700,00 2 EA. 52,500.00 25 CY $100.00 1 LS $2,00000 Quantity Unit Unit Cost ,100 SY S837 1CC SY $1C 56 L.S. 51,50000 780 l F. 57 ao 1.653 SY $156 3 EA $200.00 Quantity ;'0 68 15 Unit Cost 510.00 585.00 545.50 52,50000 52.GO 56,50000 55,000.00 140 Unit LF LF CY EA LF l.S l S. Attachment 0 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Update on Pod casting Program AGENDA DATE: January 3, 2007 SU BJ ECT/PROPOSALlREQUEST: Continuation and expansion of podcasting program ACTION: X INFORMATION: STAFF CONTACT(S): Tucker, White, Davis, Catlin CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No --/' LEGAL REVIEW: Yes REVIEWED BY: i BACKGROUND: ! The Board of Supervisors has expressed interest in making their meetings mor/accessible to the public, specifically the possibility of using podcasting technology as a means of sharing meeting information with citizens. In May, 2006, the Board authorized staff to initiate a six-month pilot project involving podcasting all Board of Supervisors meetin!Js. Staff has podcasted Board meetings from July, 2006, through December, 2006, and is reporting results back to t'le Board. In addition, staff has compiled information on video streaming possibilities as requested by several Board members. STRATEGIC PLAN: Goal 1: Enhance the Quality of Life for all Albemarle County Residents. DISCUSSION: Because the County already captures audio from Board of Supervisors meetings via the FTR Gold recording equipment used by the Clerk's Office to record minutes, creating pod casts was a relatively easy task. The website provides a list of pod casts that grows as meetings are recorded and converted to MP3 files. For the first five months of the pilot program, the meeting podcast consisted of one continuous audio file that covered the entire recorded portion of the individual meeting. For the December meeting, we provided several options with the podcast including both the entire continuous audio and a series of "chunked" pod casts that focused on individual agenda items. Pod cast Usage The following table shows the level of response to the podcasts to date. Please note that the December stctistics reflect only the December 6 day meeting. Month Visits Page Views Avg. Visit Length Unique Visitors Julv 2006 103 52 14:51 56 Auaust 2006 206 170 1:10 67 September 2006 202 152 2:20 62 October 2006 249 159 2:11 72 November 2006 221 157 1 :03 50 I December 2006* 121 91 6:06 62 Staff feels that the response has been positive and believes that the pod casting program should continue with two modifications. First, chunking the meeting into discrete agenda items makes the podcasts much more user friendly to citizens who may have a specific interest in only one or two topics. In order to do that most easily and effectively, staff needs to purchase equipment that will automate that function and provide more flexibility in how the audio is manipulated. The new equipment will also allow staff to produce pod casts of events that are not recorded via the FTR gold systerl, which will greatly expand our ability to share audio with our citizens. Video streaming There has been interest expressed in posting video to the County website in addition to audio. There are several ways that video is being used in other jurisdictions. One option is real-time video streaming, which involves live broadcast of video via the website as the meeting or event is actually happening. Another option is delayed broadcast, which involves capturing video and posting it to the website at a later time. While the technical requirements for video streaming are not overwhelming, Albemarle County currently does not have any means to capture video on a regular basis at the level of I quality required for broadcast. There would need to be a significant investment in equipment and stafftraininn to bring us to the level of producing broadcast quality video. One option is to explore partnership opportunities with the City of Charlottesville, who currently does have the equipment to produce broadcast quality video. While it would be very challenging to create a partnership that would allow complete recording of all our Board of Supervisors meetin~s, there might be some particularly significant events where an arrangement could be worked out. The following chart gives information on a number of jurisdictions in Virginia regarding their website audio and video capabilities. Every jurisdiction referenced that is currently video streaming has a cable television provider that produces the video on a public access channel. County/City Population 80S/City Council Local Cable (as of 2000) Meetinq Streaming Channel City of Virginia Beach 425,257 Yes Yes VBTV City of Chesapeake 199, 1 84 Yes Yes WCTV City of Norfolk 234,403 Yes Yes WCTY Loudon County 169,599 Yes Yes Prince William County 280,813 Yes Yes City of Roanoke 94,911 Yes Yes RVTV-3 Arlington County 189,453 Yes Yes AVN-74 James City County 48,102 Yes Yes JCC TV48 Chesterfield County 259,903 No Yes 17 City of Suffolk 63,677 No No Fairfax County 969,749 Yes Yes Channel 16 Hanover County 86,320 No No Henrico County 262,300 No Yes HCTV-17 Spotsylvania County 90,395 No Yes Adelphia-16; Cox-24 City of Bristol 17,367 No No City of Charlottesville 45,049 Yes Yes BUDGET IMPACT: There will be a cost of approximately $800 to obtain the new equipment, including a recorder, microphones, clnd software, necessary to continue providing the "chunking" option for the pod casts and to allow podcasting of events beyond Board of Supervisors meetings. RECOMMENDATIONS: Staff recommends that the Board authorize that the podcasting program be continued and expanded to provide the ability to chunk discrete agenda items and that the equipment necessary to have the capability to podcast events outside of the Board meetings be obtained. If the Board is interested in some type of video streaming, staff recommends that we explore a partnership with Charlottesville as a first option. 06.187 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Pantops Community Advisory Council AGENDA DATE: January 3, 2007 SU BJ ECT IPROPOSALlREQU EST: Approval of guidelines for the Pantops Community Advisory Council ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Cilimberg, Ragsdale, Catlin ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: /1 / / '( ,i //11 j ." f" .v I /5' " BACKGROUND: The Board of Supervisors has recognized that successful implementation of the master plans being created fo" the County's development areas depends on residents remaining fully and actively engaged after the plans are adopted. With the Crozet Master Plan as the model, specific opportunities are recognized for community leadership - in the words of the Plan, "community residents hold the distinct capacity to invigorate a place with a sense of unique identity." The individual community advisory councils appointed by the Board of Supervisors are expected to serve as a primary vehicle by which those action items related to community leadership can be achieved. With adoption of the Pantops Master Plan scheduled for sometime this spring, staff is anxious to begin advertising and recruiting potential members fOI" the Pantops Community Advisory Council ("PCAC"). / STRATEGIC PLAN: Goal 4: Effectively Manage the County's Growth and Development. DISCUSSION: Based on recommendations from the existing Crozet Community Advisory Council and a review of similar advisory bodies from other communities, staff has drafted formation guidelines for the PCAC (Attachment A) for consideration by the Board. Once the guidelines are approved by the Board, staff will advertise to fill the necessary appointments. BUDGET IMPACT: There will be no direct budget impact from establishing the PCAC - any funding requests that might be initiated by the PCAC would be presented to the Board through the regular budgeting process. Current staff will provide assistance to the committee. RECOMMENDATIONS: Staff recommends that the Board review the proposed PCAC guidelines, make any changes it deems ne:;essary, and approve them after making the changes. ATTACHMENTS Attachment A - Pantops Community Advisory Council Guidelines 06.186 Background: Timing: Membership: Time Commitment: Attachment A PANTOPS COMMUNITY ADVISORY COUNCIL INFORMATION FOR MEMBERS Community residents, local government, the business community, and other orga'lizations playa role in shaping a community. The Pantops Master Plan was created with substantial time and effort from all these groups collaboratively. To continue that collaboration and communication, the Plan calls for the appointment of a citizen group that will serve as one of the major vehicles by which the Pantops Master Plan will be realized. The Pantops Advisory Council will provide assistance to County staff and to the Board of Supervisors on community issues related to implementation of the Master Plan in accordance with established county procedures. Council members will communicate with their constituencies to increase understanding of and support for successful implementation of the Master Plan. The membership is broad-based to incorporate a variety of perspectives and ideas and to provide citizens, business community members, and representatives of community groups a chance to be engaged and to be heard in a constructive and meaningful way. The Council will be a catalyst for helping foster a sense of community in Pantops and will work towards effective and efficient Master Plan implementation. It will provide periodic reports to the Board of Supervisors on the status of Master Plan implementation and Council activities, and will contribute to a public understanding of and support for Master Plan implementation through enhanced communication and collaboration among all Pan tops stakeholders. It will also seek to identify, communicate with and collaborate with unrepresented staker older groups. The Council should be formed immediately upon the adoption of the Pantops Master Plan. The Council's action plan will be established based on the Master Plan, with the Council and the County working to set priorities. The Board of Supervisors shall appoint ten to fifteen members to the Council with representation from the following: · Pantops citizens at large · Property owners and Stakeholders Business community members · Civic/neighborhood organizations Representatives from adjoining areas City of Charlottesville neighborhood planners and County Community Development Department employeeslrepresentatives will interact with the group as needed. In conjunction with the Rivanna District Planning Commissioner and Board Member, the Pantops Neighborhood Planner will seek to recruit a pool of members that ensures diversity and a broad representation from the Pantops and fringe areas. There will also be a Planning Commission liaison appointed to the Council who will attend Council meetings and will report back to the Planning Commission at its regular meetings with a synopsis of the Council's meetings and activities, as appropriate. The liaison, along with other Commissioners, may identify Planning Commission agenda items or updates that should be provided to the Council and to citizens living in the greater Master Plan area. The Pantops Neighborhood Planner will coordinate all staff support to the Council and will ensure that Council meeting agendas, materials and supplies are provided. The Council will begin its tenure with a series of introductory training sessions regarding master planning and the Pantops Master Plan. After these introductory sessions, Council members will elect a chair and vice chair, who will work with County staff to prepare meeting agendas and conduct the meetings. The Council may wish to meet bimonthly or monthly, and may call additional meetings if needed. Length of Term: One-third of the initial appointments will be for a one-, two-, or three-year term. The Board of Supervisors will indicate which term length when the first members are appointed. Following appointment of the initial members, new members will be appointed to three-year terms, provided, however, appointments to replace a member failing to complete a term shall be for the unexpired term of that member. Members may be reappointed for successive terms. Members serve at the pleasure of the Board and may be removed from the Council by a majority vote of the Board. Responsibilities: 1. Serve as liaisons by: 1) contributing to the public understanding of and encouraging support for Master Plan implementation; 2) keeping the community informed of the needs, purposes, and progress of Master Plan implementation; 3) encouraging interest and participation in community-based activities and public meetings related to the Master Plan; and 4) enhancing collaboration among all community stakeholders. 2. Gather input from constituencies represented and bring these issues to the attention of staff and the Council, and distribute information from the Council back to constituents. 3. Support implementation activities as identified in the Implementation Plan. The Council will set priorities for their work based on the Master Plan Implementation Matrix and current community needs. 4. Identify the need for and establish community work teams to address specific master plan issues. 5. Stimulate creative thinking in examining implementation issues and identify ways of using community resources to meet implementation needs and challenges. 6. Provide periodic reports to the Board of Supervisors on the status of Master Plan implementation and the Council's activities. The first report will be made within six months of the Council's first meeting and will include an update regarding upcoming activities. Principles. To assist with meeting facilitation thereby ensuring that all members' voices are heard and viewpoints considered, all Council members will: .:. Act on the basis of information and understanding. .:. Focus their efforts strategically to achieve the greatest possible contributions. .:. Strive to achieve a consensus on actions/recommendations that are important to Master Plan implementation. .:. Comment as a Council constructively and with appropriate suggestions and offers of help. .:. Work toward benefiting Master Plan implementation rather than individual needs or interests .:. Accept responsibility for the success of the Council by contributing appropriate time and energy. NOTE: Each committee member will receive a copy of the following, some of which will be distributed prior to the first meeting and some of which will be developed during the first Council meetings: 1. Pantops Master Plan 2. Guidelines for PCAC members 3. PCAC Procedures 4. PCAC Members List 5. PCAC Meeting Schedule 6. PCAC Action Plan COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: County Attorney's Office Position Request AGENDA DATE: January 3, 2006 SU BJ ECT IPROPOSALlREQU EST: Approval of Paralegal position ACTION: X INFORMATION: CONSENT AGENDA: ACTION: STAFF CONTACT(S): Tucker, Foley, Davis INFORMATION: ATTACHMENTS: Yes -- ..-.- REVIEWED BY: ;( / .'/ ,/ / '1 .! // {Vv -"....-""'.......- LEGAL REVIEW: Yes BACKGROUND: The County Attorney's Office is staffed by four attorneys and two support positions. The last new attorney position was approved in 1997 and the last new support position was approved in 1995. Since 1997 the County has undertaken significant new initiatives that have greatly increased the work load of the Office. Some of these initiatives include the in- house production and maintenance of the County Code by the County Attorney's Office, the civil prosecution of zoning violations, the creation of the ACE Program, the adoption of the Neighborhood Model, land use policies that necessitate the extensive use of proffers, significant land use code revisions and updates, the requirement that all drainage easements and storm water facilities be dedicated to the County, capital projects to address the urban infrastructure priorities that necessitate the acquisition of property and easements and contract review and management, and a revised process for executive summaries to identify issues and improve quality control. These initiatives are in addition to the increased work load attributed to the growth of the County and the work load of other County departments which generate the need for legal services. I Significant growing demands for legal assistance are being generated by the Board of Supervisors, the School Board, the County Executive's Office, Human Resources, Social Services, the Department of Fire Rescue, the Finance Department, the ECC, Community Development and General Services. The County Attorney's Office represents the County and the BZA in a growing number of land use cases being litigated which is to be expected as the County urbanizes and changes land use policies. In addition, the new VACO Insurance Program encourages the County to handle all nuisance law suits seeking monetary damages in-house to avoid the cost of the $10,000 deductible. The number of zoning violations requiring legal action has increased from less than 20 in 1999 to more than 120 in 2006. These cases are time intensive from filing the civil process through obtaining, collecting, and releasing judgments. A growing number of cases require enforcement by injunction in the circuit court. E-Government has increased the volume of public interaction through the Countywebsite and other communication initiatives and in general there is greater interaction with the public by the County Attorney's Office dealing with issues being addressed by the Board of Supervisors and School Board and to respond to FOIA requests. STRATEGIC PLAN: · Value of Stewardship - We honor our role as stewards of the public trust by managing our natural, human and financial resources respectfully and responsibly; and · Support the Board of Supervisors, the County Executive's Office and all other County Departments in their efforts to support the County's Mission and to realize the County's Strategic Plan goals. DISCUSSION: The current workload in the County Attorney's Office has been managed by asking the attorneys and staff to produce more work in less time. Since 2001, there has been no turnover in the staff and the County has benefited from retaining an experienced legal team. However, the growing demand for legal services necessitates a request for additional personnel. The review of the Community Development Work Plan and the demands it places on legal services have highlighted the need for greater assistance to meet the timelines of that work plan. Although the County Attorney's Office intended to time its request for additional personnel to be considered in the FY08 budget and concurrent with the 2007 renovations of the AGENDA TITLE: County Attorney's Office Position Request January 3, 2007 Page 2 County Office Building to create additional office space, a request to advance the hiring of a paralegal position is now deemed necessary. It is anticipated that if this request is approved the position could be filled as soon as March of 2007. A paralegal position is a cost-effective option to reduce the workload of attorneys by delegating tasks that can be managed by a skilled paralegal. A paralegal can reduce the attorney work load in the civil penalties zoning enforcement process, the review of easements and agreements for Community Development, the handling of real estate transactions, th9 processing of ACE and PRFA conservation easements, updating forms and documents, by assisting Community Development in verifying the legal sufficiency of signatures for applications and bonds, by managing the in-house County Code, and by assisting in processing employee grievances and FOIA requests. In addition, this position will relieve stress on existing support staff (a Legal Services Assistant and an Office Associate IV) that is being asked to assist in these tasks that are outside their expected scope of responsibilities. This request will be followed by a request for an additional assistant county attorney position in the FY08 budget proposed to be hired in January of 2008 concurrent with the planned availability of office space. Staff has reviewed other alternatives and finds in-house legal services to be the most efficient, cost-effective and practical approach. An example is the in-house County Code that has saved the County approximately $15,000 to $ 20,000 annually and provides a higher level of service (immediate supplements and on-line updates). Specialized knowledge and the significant cost of private attorneys make the use of private counsel difficult or cost prohibitive. The most prudent use of County resources would be to hire a paralegal to create more available attorney time to support the County's strategic objectives. BUDGET IMPACT: If a paralegal position is approved, it is anticipated that the position could be filled in March of 2007 for a FY07 cost of less than $22,000. Salary and benefits for one third of a year are projected to be approximately $16,000 with additional operating costs of approximately $400. One time costs for the position are projected to be approximately $5,500. Recurring annual costs in FY 08 would be approximately $50,000. RECOMMENDATIONS: Staff recommends that the Board approve the County Attorney's Office Paralegal position request. ATTACHMENTS: A - Paralegal Position Job Description 06.184 COUNTY OF ALBEMARLE POSITION DESCRIPTION ",~~,___~",,~__~,_,_,"_._.~,..._.,,___...__~_...m.___~' ._......__m....._~.~..m......~..__.....,'"'.,..__. ..... LOCATION: County Attorney r--.~~_.~~.~~..~.~_.__.._---~_.~...._._~ [JOB CLASS CODE: lL12 ... ............."...._._...................................mmmm....._....mm.....__........._....... . .....m'"_~_u~....._....m.......'"._.m .. .--....................-.........--.....--..-.-....".-.......-'"- [PAYGRADE: 11 'JOB TITLE: Paralegal . ... ..~._........_ .....mh...._...................__................m.................._......_.............m.................m._........._...... 'IMMEDIATE SUPERVISOR: :County Attorney STATUS: Non-Exempt GENERAL DEFINITION OF WORK: Performs responsible paraprofessional work in support of the professional legal staff of the COU'lty Attorney's Office. Work requires a broad knowledge of the laws of Virginia, research of complicated legal issues, preparation of legal documents, organization of evidence, regular contact with attorneys in the Sixteenth Judicial Circuit, Department Heads and employees of Albemarle County, and occasional executive secretarial and administrative tasks. Work is performed under general supervision. ESSENTIAL FUNCTIONS: . Conducts legal research, identifies relevant points of law, and summarizes findings in writing for attorneys; . Assembles and organizes resource materials for use by attorneys; . Reviews files for attorney signatures and attention; . Prepares draft correspondence, memoranda, pleadings, ordinances and policy amendments; . Researches ownership of land and abstract titles to real estate; . Prepares legal descriptions of real estate; . Prepares, files and records deeds, easements and other legal documents; . Prepares draft reports and resolutions for board meetings; . Supports civil penalty process; . Supports legal review of proffers and special use permits; . Prepares draft legal briefs, memoranda and forms for litigation; . Prepares exhibits to be presented in court; . Assists/supports attorneys in court; . Produces and distributes supplements to the County Code and maintains an updated Code on the internet; . Serves as support person for the County Attorney's Office in assisting legislative liaison during General Assembly sessions; . Provides clerical and secretarial back-up to legal services assistant; . Extensive contact with the public. KNOWLEDGE, SKILLS AND ABILITIES: Substantial knowledge of legal procedures and resources of local government and its relationship to other local, state and federal agencies; ability to analyze complicated facts and legal issues and make logical legal-based recommendations to other professionals; ability to communicate effectively, orally, and in writing; ability to establish and maintain effective working relationships including, but not limited to, County officials, County employees and attorneys. Extensive knowledge of legal research techniques and computer related technology. Ability to maintain ethical and confidentiality standards in a legal environment. EDUCATION AND EXPERIENCE: Experience or education equivalent to graduation from an clccredited four- year college or university. Certification as a paralegal or legal assistant and two years of expel-ience as a paralegal. Competence in on-line computer legal research, word processing and legal office procedures. PHYSICAL CONDITIONS AND NATURE OF WORK CONTACTS: Administrative work typically performed sitting in an office with occasional walking, light liftinl~ of office items up to 30 pounds; and other limited physical activities. Frequent sustained operation of office equipment is required. Occasional secretarial duties, in support of the attorneys. Regular contact is made with the office staff, County officials, County employees and attorneys. Contacts must be characterized by tact and diplomacy. Date Approved: December 20. 2006 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proffer Management Program AGENDA DATE: January 3, 2007 SU BJECT IPROPOSALlREQUEST: Report on Work Underway and Completed to Confirm Compliance with Zoning Proffers Made to the County ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Graham, McCulley, Shepherd, Baldwin ATTACHMENTS: Yes REVIEWED BY: Avr' LEGAL REVIEW: Yes / BACKGROUND: In recent meetings, the Board has inquired about the status of proffer compliance. The purpose of this repor' is to provide information about the growth as well as the future direction of the proffer management program. This will include a description of the proffer tracking database tool. In addition, staff has identified a number of public improvements that were made possible by proffers (see Attachment). Finally, staff will report on proffers that are in default with the plan to bring those into compliance. Since 1969, the Board of Supervisors has approved 400 rezonings or amended prior rezonings. Of these, 237 rezonings were subject to proffers. These proffers typically include limits on density, uses and specific improvements to the site. In 1990, the General Assembly enabled the County to accept cash proffers to offset the impacts of developrlent through rezoning. Since that date, the Board has approved 200 rezonings, 163 of which included proffers (several of these are amendments to rezonings). Of the proffered rezonings, 30 were approved with the acceptance of cash proffers. Preliminary information from the Finance Department shows that $2,585,285 in cash proffers have been collected since 1997. Proffer manaQement from 1969 to 2004 Compliance with proffers and conditions of rezonings has been achieved in a variety of ways through the efforts of planning, zoning, finance, the county attorney's office and county executive staff. These efforts, which cOlltinue today, include the following: . Use limitations were enforced each time ownership or use of a property changed through the review and approval of a zoning compliance clearance. . Site improvements and other obligations required by proffers or conditions were enforced during review of site plans and subdivisions. These include the verification of the payment of proffers in addition to the provision of such things as landscaped buffers, turn and taper lanes, reservations for future roads, greenways and the like. . Staff responsible for CIP projects and budgeting were aware of available proffer money. . The Finance Department has had an active role in managing the financial records for cash proffers. ProQress since 2004 As the scope of proffers grew more complex (from 1 page documents to upwards of 100 pages where rezon ngs included codes of development), the proffer coordination and management became increasingly challenging. In response, the Board funded the new Proffer Planner position filled by Sarah Baldwin in September, 2004. Since the Proffer Planner position was filled, the County has collected almost $1.5 million in cash proffers. With this new position, staff has been building an effective proffer management program which other localities are now duplicating. The program consists of several components to assure proffer accountability that (1) enables staff and the public to reliably determine whether a property is proffered; (2) allows staff and other stakeholders to quickly review the proffers and their status; and (3) pro',ides various reporting mechanisms. Specific elements of the program include the following: . A Proffer Tracking Database has been constructed and is accessible to appropriate County staff ("stakeholders") (see Attachment B). The database is a primary tool to track proffer compliance. It contains a direct link to the rezoning documents and lists all proffers in an abbreviated form, their type, status, stakeholders and triggers (# units, date, etc.). o Proffers can be searched by various fields such as project name, proffer category (schools, parks, transportation, etc.) date due and the like. o It is a work-in-progress that will link to other systems in the County such as City View, CAIVlA and the performance bond database. A later link to Great Plains (a comprehensive financial management system expected to be fully implemented in 2007) will provide an essential link to finances, includ ng tracking revenues and expenditures. o Once the data is stable throughout the system, we can provide reports on any proffer inforrlation. . Standard operating procedures are being developed with each stakeholder to assure sound management of the proffer compliance program. The SOPs will clearly establish roles and procedures for implementing proffers. (See attachment for list of stakeholders.) . Proffered properties are identified within the City View tracking system. In addition, through the interface with the Proffer Tracking Database, reviewers are alerted to critical dates, triggers (such as payments due based on a certain date or number of units or lots) or proffers in default. (See attachment for screen views from the database.) . All proffered parcels are now delineated on the official tax map as required by State Code. This information will be available to the public in the near future when the GIS system is web-enabled. . All proffers accepted in conjunction with an approved rezoning are scanned and viewable through the County website. STRATEGIC PLAN: Goal 3: Develop Infrastructure Improvements to Address the County's Growing Needs DISCUSSION: The background information explains the tools and procedures by which Zoning and the various stakeholders are assuring proffer compliance. A copy of the 2005 proffer report is attached to illustrate the current reporting used. (Attachment D & E) In addition to assuring that money, land dedications and improvements are provided as stated within the proffers, stakeholders are working to confirm that proffers are implemented (the money or land is used for the intended purpose). This remains a work-in-progress as procedures and responsibilities are refined over time. Staff is workirg towards a reporting mechanism which will list specific projects completed for the dollars or land received. Summary of Proffers in Default A proffer status can change rapidly as evidenced by the fact that several which were listed in this draft report as being in default have since been satisfied. Staff is in the process of confirming payment for two cash proffers (G,rayrock and Greenbrier Office Park) at the time of this writing. Other than those, staff's review indicates that all cash proffers that are due have been paid. Previously proffered greenways have proven problematic to enforce and remain the one area where non-compliance is a problem. Staff is addressing these issues with new development proffers by asking that dedication be sooner and be tied to a subsequent approval, such as a subdivision plat. The older proffered developments, where the homeowners now control the open space, remain a difficult issue because staff must work with a homeowners' association rather than the developer. Staff has also found that some proffered greenway areas are not practical due to tErrain or other features. There are seven proffered greenways that have been requested but to-date are not yet dedicated. The owners have been notified that progress is required by a date certain or the County will begin enforcement proceecings. These outstanding greenways include: River Heights, Waylands Grant, Grayrock, Westhall, Cory Farms, Glenmore and Young America. BUDGET IMPACT: No additional funding is being requested at this time. Staff believes the County will see increasing amounts of money, land and improvements being received through the proffer program in future years and this will improve the cost to benefit of the current proffer management system. RECOMMENDATIONS: This information is provided for Board information and no action is required. Staff will work toward the development of a regular summary report for the Board on the status of County proffers. At that time, staff would welcome input on how to make this report as useful and informative as possible. ATTACHMENTS A-Examples of Proiects Made Possible By Proffers; B-Stakeholders List: C-Proffer Trackinq Database Sample Screens D- 2005 Proffer Report to State. Summary E- 2005 Proffer Report to State, Details 06.193 Attachment A EXAMPLES OF PROJECTS MADE POSSIBLE BY PROFFERS 1. Schools: A. The School Division reports that the $1.1 million Wide Area Network (WAN) upgrade for Woodbrook and Agnor Hurt, Jouett and Albemarle from 10 MH to 1 OOMH in 2003 was funded in part with $150,377 from the Still Meadows Proffer. B. The WAN upgrade for Stone Robinson and Monticello was funded in part by $90,000 from the Glenmore Proffer. C. The 1998 addition at Stone Robinson and the later roof/HV AC work was funded in part with $500,000 from the Glenmore Proffer 2. Transportation: A. ZMA- 1992-12 UVA Fontaine Research Park Road improvements along Fontaine Avenue fro 11 the ramp of the bypass to the eastern most corner of the research park property. B. ZMA-1992-12 Peter Jefferson Place proffered road improvements and a traffic signal along Route 250 East. C. ZMA-2001-19 Hollymead Town Center B, ZMA-2001- 20 Hollymead Town Center C proffered road improvements along Route 29 North. D. ZMA-1998-13 Spring Ridge proffered a round about and road across the Hollymead dam. This allowed school busses and others to travel from Forest Lakes North to Hollymead Elementary School and Sutherland Middle School without venturing onto Route 29. E. ZMA-2005-8 Pantops Park proffered the extension of Spotnap Road to Route 250 and its dedication to public use. F. ZMA-1997-1 Still Meadow proffered a traffic signal at intersection of Rio Road and Old Brook Road 3. Parks and Recreation: The $25,000 from ZMA-1989-23 River Heights was used for trail construction along the Rivanna River near Free Bridge. Attachment B Stakeholder Reviews Proffers Current Stakeholder Point of Department Concerning: Contact & Supervisor's Title COMMUNITY DEVELOPMENT DEPARTMENT Current Site Development Plans (SDP) Bill Fritz Development Subdivision Plans (SUB) (Amelia McCulley, Director of Zoning & Community Development) Engineering, roads Glenn Brooks (Bill Fritz, Chief of Current Development) Zoning Pre-Zoning (PZ) Final-Zoning Rob Heide (FZ) (Jan Sprinkle, Chief of Zoning) Zl's are the last to review the site for overall compliance - including all proffers Proffer Compliance Sarah Baldwin (John Shepherd, Manager of Zoning) Building Permits Stewart Wright Certificate of Occupancy Sherri Proctor (John Shepherd, Manager of Zoning) Planning Historic Resources & Design Margaret Maliszewski (David Benish, Chief of Planning) Landscaping Brent Nelson (Margaret Maliszewski, Historic Resources & Design) Transportation issues Juan Wade (David Benish, Chief of Planning Natural Resources Tamara Ambler (David Benish, Chief of Planning Groundwater David Swales (David Benish, Chief of Planning Inspections Building Inspections Jay Schlothauer or Kathy I Certificate of Occupancy & Martin Building Permits (Mark Graham, Senior Director Community Development) Road inspections-generally Greg Cooley Works wNDOT-acceptances, Warner Wilkerson bonding, (Jay Schlothauer, Chief of Inspections) County County Engineer Approval Jack Kelsey Engineer (Mark Graham, Senior Director Community Development) OTHER COUNTY DEPARTMENTS General All development for the County (George Shadman, Director of Services or done by the County General Services) Water Resources Greg Harper Stormwater Management (George Shadman, Director of General Services) Schools Cash for Schools, land AI Reaser (Dir. Building dedication for schools or parks Services) Jennifer Johnson (School Board Clerk) Diane Behrens Parks & Greenways-Iand dedication, Pat Mullaney Recreation cash dedication. (Roxanne White, Assistant Parks-land dedication, cash County Executive) dedication, park amenities Finance All proffers that involve cash Ed Koonce or Tami Critzer (Roxanne White, Assistant County Executive) Affordable Any proffers relating to Ron White Housing affordable housing-including (Roxanne White, Assistant cash or land. County Executive) Fire & Rescue Any proffers relating to Dan Eggleston fire/rescue including cash, land (Tom Foley, Assistant County dedication. Executive) Albemarle Any proffers relating to Paul Shoop County Sewer sewer/water connections, (Pete Gorham, Senior Civil & Water facilities Engineer, Albemarle Can include cash or land. 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(,) ctS Q) cl: -OJ:~ (1)(1)....,0: ctS (I) .- '"': o ctS 3: 0.1 ._................-.......~ .~ ~ H Attachment D Commission on Local Government 2006 Survey of Cash Proffers Accepted by Local Governments Date: September 27,2006 Locality: Albemarle County Name: Phone: E-mail: Sarah D. Baldwin (434) 296-5832 sbaldwin@albemarle.org County [8J] o Town D City Title: Fax: Zoning Planner (434) 972-4126 Did your locality accept cash proffers at any time during the 2005-2006 Fiscal Year? EB~ If you answered "No" for the 2005-2006 Fiscal Year, additional information is not needed. Please return the survey to the Commission on Local Government as indicated on the next page. If you answered "Yes" for the 2005-2006 Fiscal Year, provide the following information ,wncerning the cash proffers accepted by your locality: (See definitions on next page.) I FY2005-2006 $ 41,400.00 1$ 3,421,011.67 $ 337,850.85 1. Total Amount of Cash Proffer Revenue Collected by the Locality during the 2005-2006 Fiscal Year: 2. Estimated Amount of Cash Proffers Pledged during the 2005-2006 Fiscal Year and Whose Payment Was Conditioned Only on Time: 3. Total Amount of Cash Proffer Revenue Expended by the Locality during the 2005-2006 Fiscal Year: 4. Indicate the Purpose(s) and Amount(s) for Which the Expenditures in Number 3 Above Were Made: Schools Roads and Other Transportation Improvements Fire and Rescue/Public Safety Libraries Parks, Recreation, and Open Space Water and Sewer Service Extension Community Centers Stormwater Management Special Needs Housing Affordable Housing Miscellaneous Total Dollar Amount Expended (Should Equal Amount in Number 3 Above) $ 172,593.75 $ 165,257.20 $ $ $ $ $ $ $ $ S 1$ 337,850.85 Comments: Use additional sheet if necessary. Some of the cash proffers pledged are based upon the minimum number of dwelling units that may be built. QUESTIONS? CONTACT ADRIA GRAHAM SCOTT AT THE COMMISSION ON LOCAL GOVERNMENT (804) 371-8010 Page 1 of 2 4/18/06 Commission on Local Government 2006 Survey of Cash Proffers Accepted by Local Governments Please complete this form and return it to the Commission on Local Government by September 30, 2006, using one of the following methods: -By Mail: Adria Graham Scott Commission on Local Government The Jackson Center 501 North 2nd Street Richmond VA 23219-1321 -By Fax: (804) 371-7090 -By Electronic Mail: A Microsoft Word template of this form may be downloaded at hUp:/ /www.dhcd.virginia.~ov/CD/CLG/pagcs/cashoroffcrsurvcy.htm Once completed, send it bye-mail to: Adria.GrahamScoUC2:D.dhcd.virgin a.gov DEFINITIONS Cash Proffer: (i) any money voluntary proffered in a writing signed by the owner of property subject to rezoning, submitted as part of a rezoning application and accepted by a locality pursuant to the authority granted by Va. Code Ann. S 15.2-2303, or S 15.2-2298, or (ii) any payment of money made pursuant to a development agreement entered into under authority granted by Va. Code Ann. S 15.2-2303.1. Cash Proffer Revenue Collected [~15.2-2303.2(A)(l), Code of Virginia]: Total dollar amount of revenue collected from cash proffers in the specified fiscal year regardless of the fiscal year in which the cash proffer was accepted. Unaudited figures are acceptable. Cash Proffers Pled2:ed and Whose Payment Was Conditioned Onlv on Time [~15.2-2303..2(A)(2), Code of Virginia]: Cash proffers conditioned only on time approved by the locality as part 0 f a rezoning case. Unaudited figures for the specified fiscal year are acceptable. Cash Proffer Revenue Expended [~15.2-2303.2(A)(3), Code of Virginia]: Total dollar amount of public projects funded with cash proffer revenue in the specified fiscal year. Unaudited figures are acceptable. QUESTIONS? 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COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proposed FY 2007 Budget Amendment AGENDA DATE: January 3, 2007 SU BJECT/PROPOSALlREQU EST: Public Hearing on the Proposed FY 2007 Budget Amendment in the amount of $776,771.50 and request approval of amendment and of Appropriations #2007042, #2007043, #2007044, #2007045, #2007046,#2007047, #2007048, and #2007049 to provide funding for various local government, school, ECC and capital programs. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATlON~ ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Davis, Breeden, Wiggans; Ms. White ,--" / --- /1 ~- / tV!~~ k/ (/ / ~----..-'~" REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia 915.2-2507 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 clmending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Fund, E-911, School Self-Sustaining, etc. STRATEGIC PLAN: Objective 5.1: Develop a comprehensive funding strategy/plan to address the County's growing needs. DISCUSSION: The proposed increase of this FY 2007 Budget Amendment totals $776,771.50. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund Special Revenue Funds (CCF) School Fund School Special Revenue Funds (Grants, Self-Sustaining) Emergency Communications Center Capital Improvement Fund TOTAL ESTIMATED EXPENDITURES - All Funds ESTIMATED REVENUES Local Revenues (Fees, Contributions, Donations) State Revenues Federal Revenues General Fund Balance Other Fund Balances TOTAL ESTIMATED REVENUES - All Funds . $ 50,000.00 $ 487,213.50 $ 4,580.00 $ 56,810.00 $ 4,800.00 $ 173,368.00 $ 776,771.50 $ 258,195.50 $ 234,598.00 $ 60,610.00 $ 50,000.00 $ 173,368.00 $ 776,771.50 Attachment A Appropriation #2007042 $611390.00 Revenue Source: Donations Federal Revenue $ 5,580.00 $ 55,810.00 At its meeting on November 9, 2006, the School Board approved the following appropriation requests: Federal grant funding, in the amount of $55,810.00, has been received by Albemarle County's Adult Education's Race to GED initiative. This initiative is a program-wide commitment to an intense one-year effort to permanently improve our program. Through caring planning, research, assessment, data analysis, professional development, and structural changes, we will substantially: · Increase the number of students passing the GED: · Increase the number of GED students; · Increase the number of student hours; · Assist more GED students to successfully transition to employment, apprenticeships, or post- secondary programs; · Identify effective techniques that help meet these goals and incorporate them into our regular program; and · Establish a vital Professional GED Learning Community This initiative does not stop when the initial goals are met but will evolve into a catalyst for continuous organizational improvement. Henley Middle School received a donation in the amount of $3,580.00 from the Henley Middle School Parent and Teacher Support Organization. It has been requested that this donation be used to pay the salaries fOI' their At-Risk program and their Library night. The Henley Middle School Cultural Enrichment Program, formally the Frederick S. Upton Foundation Grant, has received a grant donation from Douglas and Sarah Dupont in the amount of $1 ,000.00. This donation will support Henley's Cultural Enrichment Program in funding artists-in-residence programs: Sculpture, Writer, and Dramatic Interpretation. The projects will involve interactive activities to include hands on learning experiences for students with performing, visual and musical arts. At its meeting on December 7,2006, the School Board approved the following appropriation requests: Sutherland Middle School received a donation from David B. Rogers in the amount of $750.00. It has been requested that this donation be used to support the Intervention/Prevention efforts at Sutherland Middle School. Broadus Wood Elementary School received an anonymous donation in the amount of $250.00. It has been requested that this donation go specifically to Broadus Woods' art program. Appropriation #2007043 $250,000.00 Revenue Source: Board Contingency General Fund Balance $200,000.00 $ 50,000.00 At its meeting on December 6, 2006, the Board of Supervisors approved the establishment of an Economic Development Opportunities fund in the amount of $250,000.00. Funding is provided through a reallocation of $200,000.00 previously budgeted in Human Resources to address any changes in retiree health insurance funding and a $50,000.00 appropriation from the General Fund Balance. Appropriation #2007044 $ 15,811 00 Revenue Source: Board Contingency $ 15,811.00 At its meeting on December 6, 2006, the Board of Supervisors approved the hiring of a Community Engagerr ent Specialist in the County Executive's Office effective April 2007. This position will assist the County in meetin~1 the steadily increasing community engagement needs and expectations created by the Strategic Plan and other public priorities. FY07 funding for the position will be allocated from the Board of Supervisors' Contingency. - Appropriation #2007045 $ 4,800.00 Revenue Source: Federal Grant $ 4,800.00 The Emergency Communications Center has been awarded a grant from the Virginia Department of Emergency Management in the amount of $4,800.00. This grant will provide funding for the Community Emergency Response Team (CERT) and will be used for training and equipment. CERT is comprised of community volunteers who are trained to assist emergency responders in the event of a man made or natural disaster. They are also trained to assist their neighbors and local community area during a major disaster in the event emergency response is overwhelmed and cannot respond. Appropriation #2007046 $ 1,210.00 Revenue Source: Board Contingency $ 1,210.00 At its December 6, 2006 meeting the Board of Supervisors proposed County membership in the Charlottesville/Albemarle Chamber of Commerce. The 2007 membership for the County, $1,210.00, will be funded from the Board of Supervisors' Contingency. Appropriation #2007047 $2.162.000.00 Revenue Source: CIP Contingency CIP Fund Balance $1,988,632.00 $ 173,368.00 At its November 1, 2006 meeting the Board of Supervisors received information regarding the bids that were received for the construction of the Northern Fire Station. Based on these bids staff projected the total cost of the facility, including design, construction and building equipment to be $5,945,300.00. Since that time, staff has worked with the contractor and architect to achieve $83,800.00 in cost saving changes that would not negatively impact quality or long-term maintenance nor require additional review by the UV A Review Committee, County ARB, or County Community Development Department. Staff is continuing to pursue other potential cost saving changes that the UVA Real Estate Foundation may approve administratively without requiring the full review committee process. To date the Board has appropriated $3,699,500.00 for the construction of the facility. Based on the revised cost estimate of $5,861,500.00, an additional $2,162,000.00 is needed for this project. Funding will be providecl with a transfer of $1 ,988,632.00 in contingency funds currently budgeted in the Capital Improvement Fund and 3 $173,368.00 appropriation from the CIP Fund Balance. Appropriation #2007048 $487,213.50 Revenue Source: Local Revenues State Revenue $252,615.50 $234,598.00 At its December 6, 2006 meeting the Board of Supervisors approved an amendment of the Agreement between the Albemarle County Board of Supervisors and the Charlottesville City Council on the Commission on Children and Families, which transfers the fiscal agent responsibilities from the City to the County effective January 1, 2007. This appropriation establishes the Commission on Children and Families' budget in the County's accounting system effective January 1 st. No additional County funds are required. Appropriation #2007049 $22,645.00 Revenue Source: Board Contingency $22,645.00 The County Attorney's Office has requested a Paralegal position for their office to be hired March 1, 2007. The details of this position request are provided in a separate Executive Summary for Board consideration. This appropriation provides the FY07 funding for this position from the Board of Supervisor's contingency pendng approval of the request. AGENDA TITLE: Proposed FY 2007 Budget Amendment January 3, 2007 Page 2 The budget amendment is comprised of eight (8) separate appropriations as follows: · One (1) appropriation (#2007042) provides $61,390.00 in funds for various Education programs; · One (1) appropriation (#2007043) allocating $250,000.00 to establish an economic development opportunities contingency; · One (1) appropriation (#2007044) in the amount of $15,811.00 to provide FY07 funding for the Community Engagement Specialist position beginning in April 2007; · One (1) appropriation (#2007045) for the Emergency Communications Centers' CERT Grant totaling $4,800.00; · One (1) appropriation (#2007046) providing $1,210.00 to the Chamber of Commerce membership; · One (1) appropriation (#2007047) allocating $2,163,000 in additional funding for construction of the "Jorthern Fire Station; · One (1) appropriation (#2007048) in the amount of $487,213.50 to establish the FY07 budget for the Commission on Children and Families; and · One (1) appropriation (#2007049) in the amount of $22,645.00 to provide FY07 funding for a Parale~al position in the County Attorney's Office starting March 2007. A detailed description of these requests is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2007 Budget Amendment in the amount of $776,771.50 after the public 11earing, and then approval of Appropriations #2007042, #2007043, #2007044, #2007045, #2007046, #2007047, #2007048, and #2007049 to provide funds for various local government, school, ECC, and capital projects and programs as described in Attachment A. 06.192 - COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Water Protection Ordinance (WPO) Amendment- Illicit Discharge Detection and Elimination AGENDA DATE: January 3, 2007 SU BJECT/PROPOSALlREQU EST: Work session on amending the WPO to incorporate rules prohibiting illicit discharges to any storm sewer system or state waters. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Shadman, Harper ATTACHMENTS: Yes LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: Albemarle County, under its Virginia Pollutant Discharge Elimination System (VPD,ES) permit, must implement a program to detect and eliminate illicit discharges to its storm sewer system. One component of this program is the adoption of an ordinance prohibiting non-stormwater discharges into the storm sewer system. The proposed text amendments to the Water Protection Ordinance (WPO) would satisfy this component of the state mandate. In addition to a new article in the WPO regarding illicit discharges and connections, other housekeeping-type Clmendments are proposed to the WPO, including: 1) designating the watershed of the North Fork Rivanna River intake as a water supply protection area, 2) correcting an omission in stream buffer requirements for crop lands, and 3) updating obsolete language throughout the WPO. STRATEGIC PLAN: Goal 2: Protect the County's Natural Resources. DISCUSSION: Albemarle County is regulated as an operator of a small municipal separate storm sewer system (MS4) by the Virginia Department of Conservation and Recreation. Under the VPDES program, the County is mandated to protect water resources through the implementation of six minimum control measures. Measure three is illicit discharge detection and elimination (IDDE). IDDE is a strategy to keep non-stormwater pollutants - such as sewage, wash water, vehicle fluids, and food wastes _ from entering the storm sewer system and, ultimately, natural streams. According to the Center for Watershed Protection, past studies have indicated that non-stormwater flows from storm sewer systems may contribute a greater quantity of some pollutants than stormwater flows. While County staff have already developed and have begun inrplementing methods to locate and eliminate possible illicit discharges, the County is required to expressly prohibit these discharges. A condition of the County's VPDES permit reads: "To the extent allowable under state, tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into the storm sewer system and implement appropriate enforcement procedures and actions." A review of existing County ordinances reveals only two that are remotely related to IDDE: Sec. 13-300 - Dumping waste on public property, a public highway, right-of-way, or on private property. A. It shall be unlawful for any person to dump or otherwise dispose of refuse or other unsightly matter on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. Sec. 16-404 - Prohibited Waste Discharges No person shall discharge or cause to be discharged into any portion of the sewerage system, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the collection system or sewage treatment plant; constitute a hazard to human life or health, interfere with or impede the disposal of treatment by- products such as scums and sludges; pass through the treatment system so as to violate any local, State or Federal stream standard; or create a public nuisance. Neither of these sections is particularly applicable to IDDE. Section13-300 is concerned with solid and semi.liquid wastes and doesn't explicitly mention storm sewer systems or natural streams. Section 16-404 is similar in intent to the IDDE program but is relevant only to the sanitary sewer system. In addition to the County Code, the Virginia Uniform Statewide Building Code, to which our building ordinance refers, contains rules which require the connection of both residential and commercial plumbing fixtures to a sanitary sewer or approved private sewage disposal system. Proposed Illicit Discharge Rules The proposed amendment language (Attachment A) is derived from a model ordinance developed by the Center for Watershed Protection and refined by way of staff discussions. Major features of the draft amendment are: · prohibition of illicit non-stormwater discharges and connections to the storm drainage system and natural streams throughout the County; · prohibition of dumping trash and debris into the storm drainage system and natural streams; · authorization of the WPO program authority to inspect and monitor for illicit discharges, connections and dumping; · responsibility of persons to discover, contain, clean up and notify; · enforcement and penalties. The County is specifically required to take measures to prevent illicit discharges to its MS4 (municipal separate storm sewer system). However, the purpose of this requirement is to protect receiving streams and other water resources. The County, unlike the City of Charlottesville, for instance, does not own and maintain a significant MS4. The County has only a few small, discrete storm sewer systems located on County-owned properties. The state enabling auti10rity allows localities to adopt regulations that do more than the minimum provided by state law. In order to effectively fulfill the intent of the state mandate, the proposed amendment extends the range of the County's authority to include any storm sewer system (public or private) and all state waters within the County. The proposed IDDE ordinance amendment would give staff the authority needed to effectively bring to an end any identified illicit discharges. Other Text Amendments Additional housekeeping-type amendments to the WPO are proposed, including: Updates to outdated language - These updates include changing terminology such as "department of eng neering and public works". North Fork Rivanna River intake - The WPO grants protection to the public water supply through 1) the designation of water supply protection areas and 2) imposing more stringent stream buffer and stormwater management requirements in these areas. The North Fork Rivanna River intake is the primary source of potable water for the northern portions of the Albemarle County Service Authority jurisdictional area and yet is currently lacking the same level of protection as that for water supply reservoirs because this intake is not included in the definition of water supply protection areas In the WPO. The proposed text change will include the watershed of the North Fork Rivanna River intake in the definition of water supply protection areas. Stream Buffer Requirement for Crop Lands- Section 17-317(D) of the WPO states that a 25-foot buffer be retained or established along perennial streams and contiguous wetlands located on agricultural lands used for crop land. However, staff has not been able to enforce this requirement because agricultural uses are not included in the applicaJ)ility section (Section 17-300) to which Section 17-317 pertains. Adding the word "agricultural" to this clause will correct this omission. The proposed change will not alter any other aspect of the WPO as it relates to agricultural activities - all those uses currently exempted (agricultural ponds, pasture land, hay land, etc.) will continue to be exempt. BUDGET IMPACT: The IDDE program is being implemented using existing staff resources and through an existing, ongoing contract with the Thomas Jefferson Soil and Water Conservation District. The adoption of the proposed WPO text amendments will not result in the need for any additional staff or capital expenditures. RECOMMENDATIONS: Staff recommends that the attached ordinance be set for public hearing. ATTACHMENTS Attachment A - Proposed text amendment to the Water Protection Ordinance. Attachment B - Map indicating the watershed of the North Fork Rivanna River intake. 06.195 Attachment A Draft: 12/20/06 ORDINANCE NO. 07-17( ) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY, ARTICLE IV, GROUNDWATER ASSESSMENTS, AND BY ADDING ARTICLE V, ILLICIT DISCHARGES AND CONNECTIONS BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows: By Amending: Sec. 17-102 Purposes Sec. 17-104 Definitions Sec. 17-105 Designation of program authority; powers and duties Sec. 17-300 Applicability Sec. 17-301 Designation of water resources areas Sec. 17-402 Tier 2 Assessments Sec. 17-403 Tier 3 Assessments Sec. 17-404 Tier 4 Assessments By Adding: Sec. 17-107 Sec. 17-500 Sec. 17-501 Sec. 17-502 Sec. 17-503 Sec. 17-504 Sec. 17-505 Sec. 17-506 Sec. 17..507 Relation of chapter to other laws Applicability Illicit discharges prohibited; exempt and authorized discharges Illicit connections prohibited Dumping prohibited Maintaining the functional performance of streams Inspections and monitoring Discovery, containment, cleanup and notification of discharge Penalties and remedies CHAPTER 17 WATER PROTECTION ARTICLE I. GENERAL Sec. 17-102 Purposes. The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted. Therefore, the specific purposes of this chapter are to: 1. inhibit the deterioration of state waters and waterways resulting from land disturbing activities; 2. protect the safety and welfare of citizens, property owners, and businesses by minimi2ing the negative impacts of increased stormwater discharges from new land development and redevelopment; 3. protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development; 4. control nonpoint source pollution, erosion and sedimentation, and stream channel ero~;ion; 5. maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater; 6. protect the condition of state waters for all reasonable public uses and ecological functions; Attachment A Draft: 12120/06 7. provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; 8. regulate the~da[~Q[pillllltaIltsjn to _stQQn,..drain,!~"~em~, ands1<:tte waters~ m;ph ibiting illicit~iscbargesaoo~~~~~~~ci~Te~Segnd~luta~ -82. facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan; and -91Q. promote the long-term sustainability of groundwater resources. (s 7-1,6-18-75, S 2,2-11-87,3-18-92; S 19.1-4,9-29-77, mi. I, S 1,7-11-90; S 19.2-2,6-19-91, S 2; S 19.3-3,2- 11-98; Code 1988, SS 7-1,19.1-4,19.2-2,19.3-3; Ord. 98-A(1), 8-5-98; Ord. 04-17(1), adopted 12-8-04, effective 2-8-05) State law reference-- Va. Code ~~ 10.1,560 et seq., \ 0.1-603.1 et seq.. ~ 1 0.1-2\ 08. Sec. 17-104 Definitions. The following definitions shall apply in the interpretation and implementation of this chapter: (4) Best management practice (BMP). The term "best management practice (BMP)" means a practice or combination of practices..includingtrealment12Iactic~oQerating.mQcedl,.l~~era1gQod housekeeping ocactice5.-.polluJion nrevenl~Jlli)hihitions of ac1ivitie~ducationJ2Lactices...-and other manage,mentJ1ragJice~ tfla.t-is determined by the state, a designated area wide planning agency, or the prof:,'Tam authority, to be the most effective, practical means of preventing or reducing the amount of water pollution generated by nonpoint sources to a level compatible with water quality goals. (10) County engineer. The term "county engineer" means the director of the department of engineering and public works ffiuntv ~ineer within theQ~rtmeflt ofcommuI1j~Qeve10omentor his designee. (12) Department of engineering and pubfie ~i'O:'k..,'. The term "department of engineering anc~ works" means the ,^.Ibemarle County Department of Engineering and Public \Vorks community develop/lzent,-, Ihderm;'departn}enLof commun it~veIDpme))t" tlleans_l~~_county d~2Mtment ..of cOlmnunitv dev~QJW1ent. (l2,lWeDartmenbJ2i~LeralserviL'e,s,Th~tenR'.'d~parttnentoLgeneral services" means till: county deWLrtment of general services. (20.1) Hazardous~'tal1ce. The term "hazardous sub:itance" means ;J~ubstance designaTed as such unger tlw Virginia Code and 40 CFR Part 116....(2QOO) RklL~uantJQ.j311 9(th~yCle_an WaterAct~odiied in)3 U$.C. Q125Lets~ (20.2) IlIirjt diseharl!e. . The term"illicit di~cbarge" nJeans~aill'_Jijscharge,Jo-.1he stO)]11 dr"aina~tem ID.at is Dot comoosed eDtirel~?tomlwat~L-e2(c..e.12tip..g...di~charJ@l_pursuant to a Virginia Pollutant Di~;charge Elimination Svstem ("VPDES~') or VirginiaStqI;1ll Manage!J1entPLQgr.al11 ("VSMP") permiUother than a VSMP ~rmit for discharges from the municipal separate storm sewer),iliscl1...arges resu1tingjl;gm firefightin~J,:;tivities. and disQ.harg~ntified bv and in_c..Q.muli.ance ~ith 3.V A~50-(jO-1220(CJ.!.2l, as delineated in section 17-501. 2 Attachment A Dnft: 12/20/06 {20 . 3 \JJ I i ci t CO!1lJa.:. t]Q/L -.Ih e1erm--'-'ill i c i t~QllILecliQ!l"-m e_4llS e.itlle.r; !_-~'-----------~--,_._._--_.._- ---._--._---- -----'--- W_~-AJlY draiILOLcOI1Y<:Q"iW~'dvllelb~LQf1Jlle ~ll1i'tJ;e oL~ubS1lIiac.eJhaLa110ws <.lllilli.QiJ: Qischacge to enter the sJorm-.drillug~~.stem~nsl.iI1~~,e,SQ4Li~n...DUimiledJo~aJ1bC_QJ1Y<:Q".<illQeS tl~t allQ:W ~~B:g~mocess wastewa1er",==washwale(...QLP...Qll\Jtal11..sJo-..eill~lb~YJ3te'11...JID-.d ~~..Qpnn ectiQn~ to be ~stem frOf)1 indoor drains and si!l~ regar-.dless of wh~thg~llch....cQPnectiDD~ wITe..J).reviQ1J.slLallow...e.d~...e.rmiJled,....DI aJmroved~ the county oLaQ-Y..illh...e.r....go...YITn.mWL~e!lc~~r LU-_Any. drain--.DliQDYe~n..c~~n..n~tedJQ....t~.....storm drain...age ~s.tem f(om a.....QQ....IDmercial.ill use that has not been...apDroved ~the cQ!ln~ll<LSi~J2Jan~J'ubdiYis.Lon.. cia.!. or other Rl<ill~r..J)ermit (JJ5.llMl1JJicilKtl sJ;J2arate sLQ@1.....se.J1}~gy-1lelllJ'~~~..['lJlLelen1L"m\J!lif,iI:mL~~!~te stoUT I sew~r s..y.stem"J:n~an s all seQarnte stonn sew~r..s..QQmpLi~iJJgJh ~Y1iternQ[~onY~..a.nc~,,jncll,ldingI2ad..s..with J-lLillugge SYslemS_,_-!Jub lic streets.....catch basi~ sid...e.wal~gJrbs,_Jwttru>~itche~manma..dk clJannels.,~r storm_il1:ains_;_cCi) owned...Dr..Qllerated bv the countY.;Jiildesignedm uS~...QJo.rJ~Qllecting...Dr conJ1.eyjUR...StQ!]llWai~iiiiHhal m:e...not a c..o.mbin ed sewer...;....<.md..{ ix)jhat.are_JlQtJ2artJlf..J1J":lcu..bJicjyi>\Y!)~.d,Jr...e.qLmen t WOL~ (29. Ll Non-stJJrfllwater dis0a...1.~,_Ih~t~Ul ".nQJ1~tQrmWa1er disljJaJW:-'-rneans anbdischar.g;uQ....t1~ ~,!Qill1 d@j~~.....s~,em or slate waters that is QQLc1lnll:njse...cLernll:elJ' Qf..,StQ_rmwa1eL. US .1l...~QlL__Ih,e_t~m "person." megn~....aJl&1.Ir<lldJ~rSD~c.QmQ[atiQD,J2atlPershjp~ol~Q1:J1M:toIS.hip.... trustJrustee. ioint venture......or an1'J"l...ther enlitx., .of~ll P .Qlh! t a/It., Th e....1enTI '.'1201Jl!1;w LJn ea.!lsJ.lredg~~QiL~lid_w..J1sk,j uclnerato..I Lesidu~:]ter bac kwash.'=se\Yilire.,.....garb4~~e....wage s Illil~~l11J,.lgj tiolbs>=ccJ1~mical }.Yaste~l:>.io I QgicaLmaleri..als,L~ i oactD~ materi a 1.sJ~...x cem th osu..eglLiatffilllld eIth_~A 1Q!njc~EJl~gy 6...<a... Q[19..51, as_aJll_ellded...~2.....U S~~2 OlL~Ls...e.gJ1 bYllt......w:e.c...k..edJ2L..diSQID"d...e.d...eglJipment mc.k~~Qc1,~ liar Qirta_n~ incl11WiQl. ill l!lJifi~aL,!:Lndagri c...lll!uLaL \Yas.t~ dischqr:g~iinto water. Lal-----.Illi:..1emL''J2olJl!1<ill.t'.:.i!l~ llde.s,J2 ut ,is ..llollim i t~d...1Qd2ai..n1s~varni~he.s~lld...sill ysnt~o i I a..n..d...D...theLi.iU toIlli2tiYe_l1uids;...nilll=bazaroollsJiqu ids.....ancLso Ji(Lwaae~'lI"liYJl.rd waste s...;...ref.u..s.e.....rnb bi Sh~Ib~~ litter......Qr illher discarded_ill abandone<1mec~ordna!lc~~nd.....ac....clLmulatiJms:....SQ...that....sa....ll1e.may ca...u8.e.,Qr con trib ute tQJ20 II u ti o~ll<2a.t.abk.s..;.. m:.sti.ci des.. herb icirle...~anclfurtiIizer~hazar-.dQlls....s.uhs.till1.Q.e.s....a...nd~ ~ sewageJecaLQQlifQrm and...J:2..a...thDgens~cj~...s.Qbred J!uQJ2<lLticYl,Uc~~~gni..m.al\.Ya~tks~was.tes and,re.s.idJJes...that ~s u Itftom...con structmJ.Ul...b_w I d i.MJ)r s.tD..lct.ur...e..;_a1JQ.dlQ~OJJ~~QL cl~l1Siyolli!tter maIlJ.'.,ki.l1-cL !l:JL-, ThkJerm ...':RPlltUa.nC'i1Q~s..J1Qt.in~ILLd~1il~~~J.le...fr;QmcY.e.ss.kl~ J:Jtiiil~a t~....4...a:>....~QI Qther material that is in~ctediDto a wclL10..1a...Q.i1itttUJ-L9dllftiOll o(Qil.Qr...,.gas>=9L~a~Ld~Ii._',red_il1...associaJion with oil and f!as,woductiQD and disposed of in a well if the~dLused either to facilitate 12roduction or for diSl:J~q) PUIJ)...Ds.esJs.....a.I212roved by..the V irf!inia, Soil and Water ".k<:mselJ1,q.ti onJ).Q~d_a...nd.. ifth...e_boa..Id_d~e...rmine..s..th[:...the ini@QU...QLclisDosa..Lwill not result in...1he~egr...aJ:l<Uion~(g[Q,lJ)1Q...Dr s\4[fgQe ~a1e_[reSQurces.... Uft-,-fl..E!"ell1i~s.-,-...T..he....1erm ,.".12reITl~~':'m ell)lS~ill...Jyj)Jl.ilQinK.Q[_s.truCJille..ill..J1ntlQj:~r...p.arQeLlv ill:'.L~I imillQYed or,.un imillQ.ved. andincl UkLin.....K.Fdiilfen t~ill"~-"=gU tte~rs~irlkwallis...a...niP~<illtiDK.~lriQ~ 3 - Attachment A Dnft: 12/20/06 (37) Program authority. The term "program authority" means the department of engineering and public wefks ,c;9mmllni1Y-d~Y~lQPmenL.an..d_cl';xcept where the context clearly indicates otherwise, the term "program authority" includes any officer or employee of the department of engineering and public 'Norks communitJr g~yelQJ:l):nentQIJhe d~JLrtment o~~al services authorized by the county engineer to act pursuant to this chapter. (43.1) Storm drain~svstem. The t~l]1 "stQIIJLc!.r-_ainage-.SY5km_" means t~municiQ..al separate storm ~e..1Ycr~lem..ID1d JillypriYaklY.......Q~.....e.d...and...1ll.illn1..ainediillPLQvemrn ts by whic..h...s1DJ]Jl.....w.a1ITis....QQ}k.ct~iandl..ill conID~d Jln.d.J.Yllli;..h..ultimatcly.....disffi..a...rgt&_fiJ_g(J~.....wg!<ds+-in c l1Iding hu1.nill Rrnit~d......1~s1r~t drain..a.R..~.sYSJ:e~ streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, human-made QLaltere_ddrainage channels. Donds.., and othe.r...draiJMl~_str1LC.1U1:~~ (43.2} StQJ"mwater. _Thk...term"stQ[ru~tcr~I~,a!l~ill~iRitalionJhat is dis...ch..ar~ed across the,..Jand surfa...c...e 91:. thmugh cQn vey..a..n~.s.JQ.....O.lle..J)LJllilE...w..a1m~~ ~n<ithaLrnM_iuc lu.destonmvater nmo fWnow....D}e It DIn of Land sUlfac...e n,lI1off and drai~ (4]...JLY....irziJli~...EQ]1111.f1.11LD....is.dlill;ge EjjPlitlIlJif2jLS~tellL(.KEDESJ I2EfllliL_The term "Vir2:inia Pollutant llis_c.har~ Elimination ~..tem ~PDES).Jl~rnlifc'.Dlean~a do...c.l!111.e.nt issued b...v the_Slate .w.a1eL(Qn..tmIBJl.am l2ills..uanUO...1.he...Sta.te....w...a1eLC&n1:r..J)LL.!.lJ:Y...a1!!hQrizin&..J:!n..detP...Le~rib~_.c.Qnditilln.s....1.he...J2Q.te.nti.al...Qf.J!ct..ual disQ....har~Q[J2ollW:allts..fu:!m~..J)jnt source to suriac...e~~er;S..J!ud...t.he...gse.....or disJ29sal oLs...e..wage slud~ (97-2,6-18-75,94,7-9-80,2-11-87,3-18_92,9 19.1-5,9-29-77, art. I, 9 2, 9-13-78, 7-11-90, 8-3-94; 9 19.2-4, 6-19-91; 9 19.3-5,2-11-98; Code 1988,997-2,19.1-5,19.2-4,19.3_5; Ord. 98-A(l), 8-5-98) State law reference-- Va. Code ~~ 10.1-560, 10.1-603.2. Sec. 17-105 Designation of program authority; powers and duties. A. The board of supervisors hereby designates the department of engineering and public \1fBFks fOmJIl..1lmtY,.D_e...v...clQlJment as the program authority. B. The program authority shall administer and enforce this chapter Ms_aillhQ1izedb~JiL~. C. The program authority shall establish reasonable administrative procedures for the administration of this chapter, including developing and maintaining for article III a design manual containing information about the content of plans required by article III, calculation methods, maintenance and inspection procedures, and other information to assist with the implementation and enforcement of article III. The program authorily shall update the design manual periodically. The manual shall be consistent with this chapter and all applicable statutes and regulations. D. Within one year of thc date of adoption of this chapter tlhe program authority shall assure that the erosion and sediment control program set forth in article II is administered by a certified program administrator, a certified plan reviewer, and a certified project inspector. Such positions may be filled by the same person. E. The program authority shall take appropriate enforcement actions to achieve compliance with this chapter, and shall maintain a record of enforcement actions for all active land disturbing activities, ftntlland deve I opmen ts.Jl.li.c.i1...clis.c.....ham_e.s.ill i..c..iLcJl..nnectiQ!2~~andd2!;Qbibi t~....d U1l1pjng, F. The program authority is authorized to cooperate with any federal or state agency in connection 4 . Att:lchment A Draft: 12/20/06 with plans for erosion and sediment control or stom1water management. The program authority may al.;o recommend to the county executive any proposed agrcement with such agency for such purposes, whic1 agreement shall be executed, if at all, by the county executive on bchalf of the county. (~7-9, 4-21-76, 2-11-87, 3-18-92; ~ 19.3-6,2-11-98; Code 1988, ~~ 7-9,19.3-6; Ord. 98-A(1), 8-5-98) State law referencenVa. Code ~~ 10.1-562, 10.1-603.3. 10.1-603.12: I cI seq. Sec. 17-107 Relation of chapter to other laws Illen~~CJ1lifemetltsQJthis_chaR!n arj;; b. ,,~~.,' Sem!.rate-.lrQn~Q=u t supp li:1JLen taryto,all.otherilPp I iyab Ie, fi:C] u ir~:nten t~Q[the CQde, _.cQI1JJ.2limlCi: with the.JTquir~l1l~nts.QJ thischapt(,;fJ'balL1l9t b(;:~~enl~cl to Q~comQlianci:with9Jher illIJ.2licabk~orclin:lnci:s or ~ulatiQns... I3.,____~~~(lrate fl:OrIL~buJ Stipp leJl~ntaD'Jo, alLJ1th eLllPp Ii caJ21e reffi:l1rerUfD ts 0 l' stile tcmJedi::I11Jaw. I r th~l.~uir.emeI1ts of this ch_<ulterarein~jrectc=onOict:w.ithrllandatQIY stqt~.()r federal reclllirements, thenJbe state o..r fedcml reiluirements. shaJlappJy, C,_= __SeRamte from thC..IequiI~OJel1t~>Jerl1)~Qr cCUlgi tiomLO f al1y~pri v~a.lG..eas~ment,= COYen.an:, ~gr\:.ementQI..Iestriction, N eitherthe.c.ountbnor all'yofjJ~()ffic~IS, enlRJoyeS:~=9r a~t1ts shaJlbave any dumQ en fQrce....a pri.ygte.ease!1l.enJ",_cove_mmt,~.b'teelJ}~.nt or I~stricti<:Ln, ARTICLE III. STORMWATER MANAGEMENT AND WATER QUALITY Sec. 17-300 Applicability. Each owner shall comply with the requirements of this article prior to commencing any land development, or allowing any land development to occur, on his property, for rcsidential, commcrcial, indastrial or institutional use, and at all times thereafter. (9 19.1-6,9-29-77, ati.I1, 9 I, 10-19-77,9-13-78,10-22-80,7-11.90, 8-3.94; ~ 19.2-5,6-19-91,9 5; ~i 19.3-24, 2-11-98; Code 1988, ~ 9 19.1-6, 19.2-5, 19.3-24: Ord. 98-A(l), 8-5-98) Statelawrefercnce--Va.Code~~ 10.1-6033, 10.1,603.9, IO.I-210S. Sec. 17-301 Designation of water resources areas. In order to better effectuate the purposes of this article, all of the land within the county is herl~by designated as being within one or more of the following water resources areas: A. Development areas: Development areas are those areas of land within the county designated as development areas in the land use element of the comprehensive plan, and as shown on the official map of the land use element. B. Areas of in fill and redevelopment: Areas of intill and redevelopment are those areas ,)1' land within the county that are: (i) within a development area; and (ii) designated as areas of intill and redevelopment for purposes of this article by the board of supervisors, and as shown on the official map adopted showing such arcas. The board of supervisors shall designate such areas based on a tinding that existing development has altcred severely the natural condition of the area, including the presence of vegetation, and that infill and redevelopment activities would serve other community and comprehensive plan goals. C. Water supply protection areas: Water supply protection areas are those areas of land within the 5 Attachment A Draft: 12120/06 county that are within the watershed of a public water supply reservoir or watersuoplv int;lke, and SUCl areas shall consist of all land within the county that drains naturally to the South Fork Rivanna Reservoir, Beaver Creek Reservoir, Totier Creek Reservoir, Sugar Hollow Reservoir, Ragged Mountain Reservoir, Chris Greene Lake, lb~ North Fork-.$i.YaIlllilRiYITjI)take,.and to any impoundment ocwater~Jy intakj:; designated in the future by the board of supervisors as a public water supply reservoir. D. Other rural land: Other rural land consists of those areas of land that are not within a development area, an area of infill and redevelopment, or a water supply protection area. (9 19.2-6,6-19-91,96; 9 19.3-25,2-11-98; Code 1988,99 19.2-6,19.3-25; Ord. 98-A(I), 8-5-98) State law reference--Va. Code ~ 10.1-2108. ARTICLE IV. GROUNDWATER ASSESSMENTS Sec. 17-402 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the cOlnty's well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter ~ Z of the design standards manual. Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. (9402, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. 17-403 Tier 3 assessments. A Tier 3 assessment shall consist of the following: A. The owner shall submit a draft groundwater management plan with the preliminary plat or site plan. The groundwater management plan shall comply with the requirements for such plans in chapter ~.z of the design standards manual. If the groundwater management plan identifies special areas of concern, sucr as an off- site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. C. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data. (917-403, Ord. 04-17(1), 12-8-04, effective 2-8-05) Sec. ] 7-404 Tier 4 assessments. A Tier 4 assessment shaH consist of the following: A. The owner shaH submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter ~ 2 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply. The groundwater management plan must 6 A ttachment A Draft: 12/20/06 demonstrate to the program authority's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design. The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B). B. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter ~ 2 of the design standards manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. D. Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement. (9404, Ord. 04-17(1), 12-8-04, effective 2-8-05) ARTICLE V. ILLICIT DISCHARGES AND CONNECTIONS Sec. 17-500 Annlicabilitv. Ihis. al1ick..shalLappjy to alI.a.cti vities.Jhlli:.Q...a.u.se Or allow.. tobeJ;Jlused_clirectQLindirect illici1~jischar~. illkjt connections~nd the 1Jrohit>ite~ummng.Qf r~ius.e.a..n<iPollut<ll1J~r whichnegatjve~iIDPede tb.ej10~ ~aci1Y. oCthe storm drainage system-.m. statewajers th~a1aLare not c()~ered bY.J)tbeUll1li;ks~LL~ffi;:lJ'Lter anq CiilJlre.llD.l_eXllIT.Ssly exempt from this article. State law reference--Va. Code 9~ 10.1-603.3, 10.1,603.7. Sec. ] 7-501 TIIicit discharp-es nrohibited: exempt and authorized discharQ"es. N~n...shalllhmw, dra.in. or otherwisedis~.b~~......cause or allow others under their contro1.:.o...throw. drain.....QLQJherwise...disch~e into the storm drain.~e s~e.m or state Katers a~lllillutants or waters containing anYJ)ollutants, other than stormwater. The commenceme!11,J;Ond~...Qli01l!jn....uanc..e...Q[a...nY...Sllchillli;i1dischaJ;g~ to the stol}11 draina~~tem Qr state wa.teIs i~J})J1iilltechJ;u!:>~ct to the folJo'Yin.g; A~--_......cQ1Idi1im1.a1jlixe!lJl2t discha!~~ Ih.ecj9119~\1gdiscba.Iges, are_conditionallbexenmt 1romJhis grti cL~: L~=. D i schargesJ2llrsuanl to...a.S i rgirilitf....DllutantD...isc.b...aw.e_E I i m ination SYS.tem...1"V P...DES'.') or Virginia~5..tQrm..Manageme.nl Prog[ami"V~MP~lR~miti9theLtl.lli1l a VSMf.J2ermit for discharges ih)m the municipalJ'J4)arate storm sew~ 2~--_llischa...rgesJes ul tingjrom fiJ:.~, flghtiQg,actiYi ties~ L Waterline flushiqg; 4. = Land~~jrrigQJiQn andl.a.\YD~ateling; 5~~~_ Nail-win t.disc harg~cM~sc~igle_d~itb. agri.c.u 1111rnl...a1rls.ilYicllitillal~era ti o~ ~~~,D.i\!e.rt_ed.stre_a..mJ1ow...s..; L Rising...gmund wate~sl2I-ll1gs-",J.LnC_Qn_tamjnated.....gr<wncl water infiltratioJh_an~Jmped ground water;. condensatiQ!1; .8~.-._E1illYs...fr...Qm rimlriaILha.llllat~a!ld wellan d~ 2~_ .......Disch...a...rges from.JWta QI~.wa ~rl;ollIc.es....iQ!.!Dda tiDn drajns~nd...a.iL.Con di ti ol1ing 7 10,= Water from crawl~(li;t;j:LUl~~_ndcLoo...tingjjrail1~ lL----1ndiYidu.aLr..e.siden tiaL~ar washing; 12.~ D~-chlorinate_d s.wil1}minJLPooL.discha~s havi~Jess than 1~tlJ2er million ~o...rinb ll__--.SJr~Uyash .water. If the ,J2IQ.lmlln.Jluth0Rty~trnnin(cljl1at..iIDY=Q[these eX~D1~d acti vjties are C;lUSillg .adYmejffi12-a~ state waters in a sDecific ca~the~g~m allthoritYm~re...Yok~tht;, exemption for that~ecific casejlud such revocatLQ11 shall!2e.-eifrcti.Y.e...frQillJhe-.dakJh~J2~..IsQH r~onsible forJhe disch~~ informed in wri1m~f th~ det~rminatioJ1 that the exel11J21ion is revo](ed. Attachment A Draft: 12/20/06 B. Exempt discharges in specific cases; prior notice or approval required. The following dischar~:iJrre_J2e.ani.tkd~ l~---.llisclJgrges other tbanLhoiie_arisingJrom fire fighting actmtikS..ne~~'otect ~ubIic helllth or~Iic sak~~vided thateacb~uchdis.Qharge is allthorized in writi~QyJhe urogram authoritJ! hefore-.!he-.d i ~hill;g~ 2. _~ Dischar.gesassociated~rjtlLd)le testiug,Q[()yjdedcthat t~(Qgral1LaulhQrityj~~t a miniOlUl1}, v~rballir_notifie.dJJefore the t~.s1, <:2.~~ Dis~;har~...mJ.tlwrizflLhvlPDEliJzJ!mzft=~aivr;r or waste discharze order. The-12Iohibition mall not al2J1lv to anY-llon-stormwater dischar~pennitted under aYPllERpermit waiveL..J)r waste dischar~ order issued to th~ disffia.rger and administered under theautho~oLthe United States-.EmirilllmenlallII!t~1illn Agenc.y-1EEA), provided that the discha~r is_ inJuII cOmI2.1iancewith-.a1LITquirements....Q[-.1heJLermit~raiver. or QIder an<LQther ap12Iicable laws and regulations (lnd12ro}1jde.gthat writtenJ-llwroval bas bee~nted for any ~ischar.ge_lD,lhe-..StQ111l.l1rainage~stem State law reference--Va. Code ~~ 10.1-603.3, 10.1-603.7. Sec. ] 7-502 Illicit connections nrohihited. Ihe_-';;QD.s1ructioB...-use. maintenance~r continlled.~_:;;jstence of ~illicit Ciill!ID;1iDn.s,J1l1he....slormdraina~ ~stem ~rohibited. A.. - ------.PJ.e.cflis.JillzJlJid1..GJ..lllJa:timlL &_u)ljU i c-iu;~onneqiolLYrevi ouili'a u thorized beforethe effecti ve gate of thi~~haptershalLcQill~th1h~,J'~qillrements of tbis.c.hamerllJrDecembcr 3 I, 20m ,..J2LB1!.c.h 1ateLdate ~s e~esslb-authorize!:LJ~Ylh~J2rQgram_al1thorit),~lIPon_.g.ocQdc..ause shpwn bJ:'Jhe .~rson reillLestffig the qtensio!!- ~,-l2isillJllli?.diQl1_J.!J11LLe.direc t iQJ1.-AIJYjJJ.ikit \;~nnection shall he. dis_connected and redire.:aeLii n~ssa[y,Jo a~aJ2PLQY~sile-.Ka-51ewgterm;lna~meJ1.Lsy~tem.ill the saDita~sewer.~stemJ..!12.on allPfoval of the Albemarle Coun~ervice AuthQ~ C. Locatinf! undocumented connections. ~q(a.in or cQn~ance that has not.he.e~dJ2cJ..!,mente.djn plans, mavs~r..t.h6r-.eQlliYalelu.,gnd~ic._h,,g~ars..1Q be~ connecte.dto lhe.s1.Qrmdraillilge....s-YSt~m.sha1lli(~te.d by the_oWJlt;,Ij:Jy the own~oc\,:J,illamJessee>c-Q[il}fj.Ral>-j!gem~D1PLQy~ or otherwise~fthat~e!1y}yithjn the tim~.J)eriilii~~cified in thewrittep nmice oi.viDJatiQILfrQm thf..lliQg[am autho.ti1YJe.<l!J..iring that-.!huQD.nection :be loc.<ltedc~Jhe notice shall r~ire tha1.:.-.iil1h~J.oJ:atjonQLttM.:d(~in9d.cJ)nVmnce be de.termine(LCiihhe drain or cODv~nce. be identified as astonn seweJ......sgl1itafbse.W~I-",ill_QJ:h~jm<tiililthe oulfalUm:ation or RQ..in..tcl fon~g!ioJLto the storm draina~~teD.kJianita!)'.~~(JJ'.("T..i'~tem,_mi)ther dis.c.har~R2int~identifIed.j:h~ resuIts_QfJ.hes~ investigations shaILk._documeur.ed,,gndJlIQyjekd tO~~Jlrowm <luthori!J;, State law reference-- Va. Code ~~ 10.1-603.3, 10. I -603.7. 8 Sec. 17-503 Dumpim! Drohibited. A:tachment A Draft: 12/20106 ~J)~perso.n~hctbIT.1he...Q~L...Dccupant~ss~~J2fjncillala~nt....e.m~ or otherwise. 111M dUIJJILQ[ dis~M~ or ..allow anv other person..tQ dUIlliLQL~.is~h'ID?,~.4efus~s.that term is defined in S..~cti0n U -100 of th~ Code. or a!1Y....other material o[..J2QJlutantnaturalor s.J1illheti~to tb~_stQIm.....d[aina~s~~m...O.LJLlliltU.L:il...stre...illl;1 1hnle~s thy dqIDIDM..-or discha~ is eX.J2Ie~_Euthori;ced~the, Code~ Sec. 17-504 MaintaininQ" the functional Derformance of the storm drainaQ"e system and streams. The stonn drainage system and naturaIstreams....sball ge l1}aintained as follows: A,~ l\~il1R..th.E...s/.Qrjn drfJinCl,ffS}'steJ1la..JJJlngturgl streams jjee~rJdi{s~,Jmd otht:r obstC.!cles, Every J,le(sml, whethe..L1he own~~_ccupant les~lli.PIin~~Lq~~IJJ1l1Qyee.J2f..J2t.hcrw~, own~~~cupyiug or mherwise res.~nsibJe for...1he....rundition of the PJ:QPeID' throJd~whj(;h a'Omjyat~maintained storm drainage sme.ill....QLn..aluraLsJream passes.......shall maintail1 th~art of S4_ch,s~~mor stream.on the....pmpeID'jIee ~fjefu~~ that termis....ddine..din.....s.ec..tio...n....lJ=..lD..O...illthe .c..Qd~and oth~obstacl~s thatwouldJ2011 u~ CQQtaminatk~Qr adYTISclyjmpacUh~tenl ' s or stream's fu ncti9..lli"lLpe.rfQrmancec' f>",,~~Jv1aintainin~lructures witlwl thgjjpo(ilwz..ard oYer/~district,_ EY~~rso'4-whether th~ QJ.YncL....~upa!1tJ..e.s.s~lIDncip~a~~IDRlID'.s;e 0[ oth_e..rwise,....o.wnin-R..-_o...kCllID'iug or otherwise res~2..llsible for the condi!i~u....o...fJill:.J2Io~h..IQ]Jghwbich..a_qaturaJ stre<1DbPass~shall maintain existin.z..privatelY=Q'.yned s!ru...d1lI"IT..Wthin the flood haza.rd....9ver~district established undcr..sec..tiQn..lB~..3.....o.f1he Code so that~uc!] .structures do not become a hazard to)heuse,J::u..!1\J;ion"QLRJJJ'sicaJ O[ ecojQgical integritb9f1he stream. State law reference--Ya. Code ~~ 10.1,603.3, 10.1-603.7. Sec. 17-505 InsDections and monitorinp. Th~Qg@!ll authority isauthori;ced)o~ai)~uJe c;Q....l11R..liance \Vjththe reqillrements of this article (LS follows: ,6== Insp~iQJ1S_QJ1d..mQj]j{ori/~&:1teralJx,c Th~~m authoritbis_ authorized to condu...c.t iP..su.ectiQIlS_Q[priY.aJe... p..ID.P-ertJ'dln d ,to conduct ~monitQringJ) f....s!QIT11 draina~ystem~a turnLs!reams.....aJld fucilitiesp~e~rmittedl2b.Yrn..ES_u.e[mitun the I1)aJIDeLalIthQrizeg~Jaw to as.sure cOJm2liance with the ~uiremeDts of this)l.rticle, B. Insvection_olrecordsIJiVP DEs....gt:rJllittees~_ Eve_~\J'fl2ES....ueill1itee shall allow the lli'~am au thorili'J~ exa..mine...YlliE...s....annli.Qa!iooma teriaj~.Rlan...s,..s12ec if! cati o~.and otb~ertinep t inforrna ti 0 IUls....ma.,y be necess'lfY-ta....dctermin.e.Jhe...effect oftl~ennitt~e'sdischfl.~ontheM~ of.state waters~uch otill~ infolJ11atiop as ma-kbe necessaQ'jo acponmlish t.h~.Rllffiosesof this..Mticl~[lcludiQgIecqrds reQ1Iired1l:lpe kent l.:mder..1he..i:Qlld..itiD.ns..D.f..the..n.e...~nd enf orcemen t re...cqrds..s..Uc;h, as in~~cti on .wo~n oti c.e.s..D.f..Yicl.atiQ~nd doc_uments...detailing,.1he....nature.....oLLnblBnd disw..IQinJUlctivitJ-;that may have OCCillI~ or similar docum~nts.Jbat .ar.e...nD..Lexen;mt from disclosure under VirginiaCod~JUO.1-603.12:2, c.....__ .......MJ11JJ1.Qr..i.nz...Jmtl{JJlJJ2lillg~JJ.l1.i/2l11en (011. VPD.E~J::rnliltedfJ1{:i1ities. The~~am autbQri1Y..t; fluthorized,=~L.IlllikL.a....CD..nditiD.n..Q[t~YP12E~ermil~vith the~rmittee'sconsent or b~ourt order: (i) to establish on,..al1Y..Rermitted facility....such device...s...a~M...e D.kce~aLYin theo...pinio.n....oUhe nrogram. authotity~tQ con du ct mQ n itori 1l,gJ!..ndLD.rsalnnliJI~f th e fac i lilY's stillm w91er di scl-L"li~ an <i1i.Wo reJlllire~....ueILnit~e to install..mcmitoring...equiRmemas.....the Rro~m aJJJIWLitJi...deems necess~ The facil..i1x's samJiliugJlJld.mJ:mitoring ~q1IiM1enlsJ1aILbemaintained at all times in.a saiea...nQ..12LQP~r~eratiD~ol)ditionQLthe~rmittee at it:; o~ ~..xpense.411 devices used to measure s!ormwate-Lt)D...w...andglLalilY shqll be.. calibrated to.....ensure their .accur~, D.~=_ObliR(1JiQJ1....q[J!PDE/iJ:J.erlllitteew...{1..sSU1:e c/eJJraccess. At the wittenororal request of the RIrurram..a...u.thori....ty,...,eEQYrOES ~mlittee sh'1lL1llQWllYrfmove mJYJ~ora..ry or~rm;ment obstructIon to .s.afe.....a..nd....e.aSJ'Jl.~e.ss...1o. the~mJitte.d.....fucili1JrJo be_LnSQ~c1:e.d a.nd/oc..s...amI2Jed~Dd sUc;h obstructions shalIn..ot b~ replac..ed, 1;he costsof removing suchobstru.ctio..ns shall bej)~me bUhe Q1l~rator. 9 Attachment A Dnft: 12/20/06 State law reference-- Va. Code ** 10.I-G03.3, I 0.1-G03. 7, I 0.I-G03.12: 1, 10.I-G03.12:2. Sec. 17-506 Discoverv. containment. clean"" and notification of discharge. If aJ:lis.khaULe-.D.Q.Q.u...rs_Q[is....sus~c~.d t!Lha~~Qf<';J!r~cl tb~fQllowitlg.ill.QJ;,c~ures shilll awh: A. Discovery. containment and (1eamw~Notwithstan.dinlLanY.....DJber .Ieilllirement of la~_as soon as ~]2erson resoonsible for a faQ1ity......Dm:mtill1hQLacti...y~Or re~onsi...bk...foI.Jill;~mergencY.Iesoonse for a faci~l1eration, or activity. has infiLIlllilllim_cU <mbkno~oLSlliJ1e.cte.d...discllau.'&_QLsllhstLn~...s..JYbic...b_jlIT ITSll.l.tin.R..or may result in an il&itJlis.ch..arge.in1(u~...s!o......rrndrain~_~s1emQLState ~a..1e.!:S.,...1b.atJ2..ersQn_shalLtak.e all necessary steps to ensure the discovery, containment, and cleanup of the discharge. .a~ '~' N otiflcatio1L.......T~d}tds.on id~J1itkdin~1ilis~ctiQll LAl.also...sball..jbfovide...the...Iollowing 110tificati..<m of the discharge..;... Cilif..the....discharg~.PQDtain~..oJ;cma~ contain~a hazardQU...s. sJ.lbstance, thec4lerson shall jm..me.dia..ielylli)..tifY....em~ncJ'.JesRQnse......a~nf~s..QLthe QCc.JJrrence yia eme.rg~~ dW,illc....h se.LYice~g rldiiilif the discharg~ffintains"-=or may-contain. onlx..noJ]:bazaLdQu~substanc_e~th~crsQn shallTlQtifyjhe..J2f..Dl@ll1 authority in oerson. bY...Rhon~....ID' ellli!iL orJnr~.fu~~imjk.llQ..jaJer than...the...Ile...xLbJ.lsiness....~HD1i..fiQuiQ_ns....in ~(Son or Qy ohone shall be confirmed ID' written~nQ..ti~e_ac.Lclres.s.e.d..eJ:Ld.....llli!ikd tQjheJll'~am a..uthillitv within five....Qll>usiness days of t1KJ:Lhone noticf, k~ &cord()jdiscbflrge.-1Iom CQJllllle!"ciqLor i!Jf,IUS1J;ial establislllllC!llLJfan illicit discha..rRe....is..fi:om aQJ~[ci.aJ....ill..ind..u...stfi.aLes1.ahlisb~ntJ..~~\YQe..I.Q!'J.W~ator Q[,th~s1ahlisbme.nt....s...hal L..r.ct..ain...DD..-.Si1.~:....a........writkn rec.QLd ofJhe discharge and the actionsJaken tQJJre~nt ils .reCJ.llI.enc.e... Suchrecords shalLbece.tainedjor at least two !.21x~~rs and a cO.llyihcre.af....s...h...alLb~prO...Y:iQ..ec.Lt.Q.. the...J2rogra.1JLaill:bori!Y~ithiniifteenl15J da-ys oLlhe date of the-.9ischa~~ State law reference--Va. Code ** IO,I-G03.3, I 0.I-G03. 7, IO.I-G03.!l. Sec. 17-507 Penalties and remedies. Ibis....artiili...m.ay...b.~nfu.rQkd,..a.s..i 0 II O\Y~ ~".~. Civ.i1Jz...eI1f1/Jie.s....._Any....,pcrSQll.....W hQ_YioLat.e.S..-'lID'NQVis iQ.!1...DfJbis...articK_shalL.b...e...s.lli1i.e.QUJ a c i vi] penal tJrJwt to exceed one thou sand do llars 1$...LiliLQJ2.ID~QL(~,ac hYiQ I a..!ion,=wi1hin.Jhe...di..scretio.n..o.fJhu<2U..,[L Eachda.x....Qlviolati!:m Q[...e...ac....h..re..Q.uire.......m.e...nLsb...all cQnstityte a~,mlLate offense~ The co!.!.rt a.ssessiQg sud!J2enallJr maY....in its_discretion. order that the.Jlenal!J' b~~id in!~th...e..tre.asuD',Qf the cO~n!Y...iQLthe.....P1Lrp...D..s.e....o.Lmini..mizing, Rreventi~llli!llitciD~or mi..ti.gating...euvirQDmru.taL.pQlJ.lliiDn in such manner as the court may. by orde..L. direcJ. B. Criminal Dunislllnen1.jQr wiiJjj.tjil'12Llzgglixent vI:datiQl1. A..ID'J2erSQn who willfullY...Qr ne.g1ige...ntlY..Yiolate.s. _any"p...rmisiQll.o.f...1bis-'Lrtick_sJl~lLP..e.. guiL~i a_mis.d..eme.anDLPlLnishaQk..by.....c.oniin.e..lu..e.ntin jail for not more than twelve (] 2Lmontl1sa..nd a.fLlle....Qf n.oUess than two thousan.dtiye hundred dolla~j.$.2.5..0..Q) nor more than thirt~tw..o...tlwJ.ls-'Ln..d..iiye. hun&:e...d...doJl;,u;sliJZ..s...DQ1...eitheLill...b.o1..h~E..a..ili...d..ay'of violation of each ~illIirrule...nt.shaJl constitute a.....smarate....Q~ns~ r:~'==c==Crim ina !J2lI.l1 is 11m ell UOL k..nQJ1Jj!J.g.]J,iQla..1 if1.n- k..n QJvin.gjj.lls.e_stflteJJ]gl11,...J) LkJ1QJ1J.ing, ta!lJPJ.~riJ]gfli l11onitori/lJ!. dJ:JdC.f:....QIl11..e1lwd.Anv pcrS.Dn whoknQwiog.,lL.Yi.olaleS~ID'....,provisiDn of this articl~who kU!L\Yi~ makesanxJal se statement ina..l1b.furm...r.e_Q U ired _tD_be_5!.!.bm.i!k.d_u.n~Lt.bis....artid ~QLk..n..Q \YiQglyreu_ders jllil~..!illl1:e...gID: monitoring: deyice or method r~lliI~d....toJ:>~m9intai.ned.1l.nder.._tbis..artick......shall be....gujltv,J:>La felony ounishable bv a term o_t:imp..risQn...m...ent Nllolless tha...n~)lle..J'eaLnOunQre tha..!lthITe...y~ar.s....DLin...tbe di scretiQD of.1he.ju.r.y...QL1he....ffi!l..I1.ID'inlLthe case _wi thoJ.lt ai1J~QDfi..n.e...rnrntinJ ail...ior nQtmQL~than...lli'dy...e.....Q2) ID..o...n1hs....an.d..a fine of n <21..k..ss..th..a.ll...ll v...ethOOEand_.dDJlal"s.. (1~OQQ}..n o..rlILo..re than...f.1fur....thO..1!.s..a..n.d...dol1rrs_L$5Q,Q00j [ill ea~ h viQlaJ:iQ_n~A..n...Y:_defrnd..llilUha1.is..nQj:...a..n~in d i vi d~ual...:Lh9.J1..lJP-Oll.. CDllYic..tioJl...Qf..a.....v.illlati..o.n....!J....n.d..er.... till ~ ~bsection,_be sentenced to Jl..a.XjlJin.e...o..fUQt lesS..1baQten..1Qpusa..nd Qollar..~U.Q.OOQ)~ Each d.ay of violati,(m of ~ach IT..QlIirement shall constitute a separate.....Dff~Q~, 10 - Attachment A Draft: 12/20/06 D. 1njunctive relief Thecountv ~al2PJ)'_tQJhe circ],li.LcJ1illtin_any.jurisdiction wherein thUillld li~ to enigin a violation or a threatened violation of the--provisiQDLoLth~<Lrfu;k~lliruU~n~~LQ[.showing that an adequate remedy-at law exis!~ E~=Agr,egl11el1LlIL12{JJ! ~iJju;h.{!L~~,==Withth~cQn~(d)LOLany-p~rs.QD...whQh.JlLYLo~aJed Qriailed. ~kc;.te_dill...IeLu...s.eJiID--.O.~th~ill1li; l~ th...e.lJ[.Qgr~m al!1hQri1~T1l~.lIDbvi d...e.,~n_all or~eL i.s.s1!.eJiJ.lJ.lliin.s.t.s.JJ~h RersonJor the mnwent of civil cham~~or viQ]<Ui~n~in~~cjfIL~U!l1~.n..oitQ....e...x~e...e.dJ.heJimjt..s.P~.Qt1~4in Sll12~ecJj&>.I1J.AlThes~ civil chamesshaIl be jnJie.!JQbID'~IWLocW"iate ciYiLp--.enallY-.1hats,QJ.lLdj:>e im12QseJi-.1!nder subs~tion (1\1 F. AnY....d i sc harge. caused or lLe1Illi tte~ !Q.~xis.tJll.Yi.o~1iQll...Q.f..aID'--PIQYisi~Q[Jhis...Mtic1 ~ constitutesca threattothe public health, safety and welfare, and is hereby declared and deemeda publicnuisance. E 0 IlQwilliUeccip...tQf...wrjtkll.DQ.t~-.Df..s1!.c-.hJ)uis_a..nc~JlPm j:h~J~I.QgLam a uJhority~i[theJeSDOn~ib 1~~'sonJai IsiQ @bate QL.QhYia~.s.JJch-.nui.s.anc.e.. then tIK,cDUTUy~IJl...ay._d_Q -.S.oJlu.d,~ha.rge..ID1d .kQllecu~~QSt thereQ[ frorrl th~ resJ?QnsibkJLers9Jl,jn, an~manneL2IQjQckdl2YJ~\Yi incll.l_c!.~withQJ.l!Jimita1io...l}.=,m~manneL~Yi.dnLh.Y la~ for jb~collectio!LQ[ sMe or l~c...al taxe~. G .-__L~Eill.e...dje-.S. s~.tiotlh in tbi~Jl~s;1iQlJ _~5ha1Lb....e.-.C.uJJlliJ~tiY...e.,J}ot e~ illsiJ'~...anJijt shal LUD-Lbe ~ d...e.frnse t~ ankac1iDJ)....kiYiL.DUTi.min..a.l1h<UJ1ne-.DLT!1OLeQti~Iem_~.dieLsd...ful1h...herein_has....been so~bt or granted. State law reference--Va. Code ~~ 10.1-603.14, 10.1-2108. I, Ella W. Carey, do hereby certifY that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _' as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay 11 - ATTACHMENT B The map below indicates the watershed of the North Fork Rivanna River water supply intake that would be affected by the proposed text amendment to Section 17-301 of the Water Protection Ordinance. Water Supply Watersheds .. N. Fork Rivanna River intake [i~No .~....~: " c=J Yes 12 SAP . - ~.-" 'J::D A.... Be c' - -..............._a:: i: 'v. ~ L..:::)~ 1 . ; . 0 (}- " ... I/o #. 2.. J I- . .;'1..& lIam , ,. ."~" !./l.!, ,~. ...-...~..".,al_, ~ ~__ Statement to the Albemarle County Supervisors, January 3, 2007: Critiaue of the Pro Dosed FY 2007 Budaet Amendment I'm Jack Marshall, speaking to you on behalf of the 300 members of Advocates for a Sustainable Albemarle Population. Directors Jack Marshall President AI Weed Vice President Elizabeth Burdash Secretary Geoffrey Mattocks Treasurer Rich Collins Francis Rfe Laura Horn Tom Loach Hugh Meagher Carleton Ray Andrew Wright Advisorv Council Diana Abbott Gib Akin Jim Bonner Whitman Cross Nick Evans John Hermsmeier Steve Jamme Janis Jaquith Harry Levins Mark Lorenzoni Marvin Moss Deborah Murray Tom Olivier John Stack Peggy Thome Jane Williamson Two items in the proposed budget amendment represent denial of the economic and demographic situation of Albemarle County, and a rejection of a large majority of residents' wishes. The budget items, of course, are $250,000 to market our county to new businesses, and $1,210 to jOin the Chamber, devoted to Juring business here. This proposed funding ignores several realities: · Our county, thanks in part to wise decisions supervisors have made in the past, is in economically good shape. The local marketplace has operated with success for decades with virtually no involvement of county government. Executive Director · Our unemployment is at a rate envied by virtually every other locality in the country. Less than two months ago the Virginia Employment Commission labeled Albemarle County a "labor shortage" area, an area where the unemployment rate is so low that there is a shortage of workers, not jobs.! Jeff Sobel 3570 Brinnington Road Charlottesville, VA 22901 · New businesses in Albemarle County do NOT hire the PhD in English lit who is now waiting tables, but instead bring in their own workers; Phone: (434) 974-6390 Fax: (434) 974-4924 asap@stoP9rowthASAP.org www.stoP9rowthASAP.org 1 Virginia Employment Commission, "Virginia Seasonally Unadjusted Unemployment Rates: October 2006," 29 November 2006. · Indeed, new businesses - as we have seen too often - kill off the traditional local mom-and-pop businesses that give our community its character; · The most important reality that the proposed funding ignores, of course, is that our county's current population growth has impacts that even now we can't cope with -- for traffic, schools, taxes, the environment, and the very character of our community. These are realities that the two proposed budget allocations deny. The funding would provide solutions to problems that don't exist, and in fact would exacerbate current problems by encouraging more growth. We should, instead, be offering more support for our excellent local workforce training opportunities (CATEC and PVCC), and devoting resources to examining how to deal effectively and fairly with population growth. For thoughtful, progressive communities - and Albemarle County is certainly one -- the era is passing when residents blindly accept the myths that growth is always good, and that we must relentlessly add new business to our community. We now know that there are costs to growth beyond a certain point, that we must seek a sustainable population size. We know that new businesses - beyond a point - may give short-term profit to a few but provide little long-term benefit to the whole community. The times are changing. We want our leaders to adapt, to make decisions based on new realities, not old ideOlogies. A vote for these two budget allocations is a vote for more count:y growth. Please don't slip into denial of our local economic and demographic situation. A vote aaainst these two items reflects the will of your constituents. Thank you. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Potential Revenue - Route 29 North Service District AGENDA DATE: January 3, 2007 ACTION: INFORMATION: X SU BJ ECT IPROPOSALlREQU EST: Discussion of the potential annual revenue generated from a tax on commercial development in the Route 29 North area CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Tucker, Foley, Davis, Graham, Wiggans, Woodzell, Benish, Bowman REVIEWED BY: .--- --~ // r-------- ,//A /( / L/ VV' Y. LEGAL REVIEW: Yes / ( I BACKGROUND: At a previous meeting, the Board of Supervisors discussed the creation of a Community Development Authority or a service district involving the Albemarle Place and Hollymead Town Center development projects. During the discussion, a question was asked concerning the amount of revenue that would be generated annually from a twenty-five cent special tax per $100 of assessed value on the commercial properties in these projects. At a later discussion, before this initial analysis had been completed, the Board requested staff also examine the revenue that would be generated annually from a service district consisting of the commercial properties in the broader Route 29 North (RT 29N) area. Staff presents the following analysis of these questions for the Board's information. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs DISCUSSION: In order to project the revenue that may be generated annually from a service district, the boundary of such a district must first be defined. Determining the boundary of a service district is an important process because revenues realized from parcels within the service district must be "expended in the district in which raised." S ] 5.2-2403(6). For purposes of this revenue projection, maps from the Places 29 master planning process were utilized to identify commercial parcels in the broader RT29 N service district (Attachment A). Revenues were projected also for an alternative service district boundary that included only the Albemarle Place and Hollymead Town Center developments. After defining the se'vice district boundaries, staff applied the methodology and assumptions overviewed in Attachment B to project how and when projects in the service district would develop. Upon completing this analysis, staff applied a special tax rate of twenty-five cents per $100 of assessed value to project annual revenues in five and ten years for both service district boundaries. The results are as follows: Projected Annual Revenue* Service District Boundary 2012 2017 Broader RT 29N Area (Attachment A) $2,661,000 $3,021,000 Albemarle Place and Hollymead Town Center 568,000 738,000 *AII figures are in today's dollars and do not account for appreciation in commercial properties. See Attachment B for additional details on this assumotion and methodoloqy. It is important to note that the above table illustrates the amount of projected annual revenue in 2012 and 2017. Revenue annually generated prior to 2012 or 2017 would gradually increase to the identified amounts, depending on the type and AGENDA TITLE: Potential Revenue - Route 29 North Service District January 3, 2007 Page 2 timing of developments. Because not all projects in the service district will be fully developed within the next ten years, the 2017 figures are not a theoretical maximum. Aside from appreciation (which again, is not factored in above table), many parcels' assessed values would increase due to new development and / or redevelopment. While staff has attempted to present a consistent, conservative scenario, one must recognize that a significant number of economic and market factors may affect these projections. If the projects within the service district develop slower than anticipated under this scenario, the above revenues may not be realized until later than 2012 and 2017. Conversely, if properties develop at a faster rate than assumed, revenues would likewise increase or be realized sooner. These external factors could become more significant in projecting revenues generated from a service district for only the Albemarle Place and Hollymead Town Center developments. For example, within a smaller service district, these projects might be valued less due to the prospect of paying a tax rate that is 33.8% higher (99 cents versus 74 cents based on the current tax rate) than other commercial centers throughout the County. Because numerous variables may affect the above pro ections, this information is provided to the Board for general information and is not intended to be the sole rationale to create or not create a service district within the County. Background information on service districts is available in Attachment C. In addition to this previously provided information, the Board should be aware that a recent Circuit Court decision in Stafford County ruled that funds from service districts could only be used for the construction and maintenance of new roads and facilities. While this decision may be appealed or the existing legislation may be amended to allow for improvements to existing infrastructure, at this time, it is uncertain whether a service district could be used to fund improvements to an existing state road, such as Route 29. BUDGET IMPACT: The potential fiscal impact is detailed in the Discussion section. Furthermore, should the Board desire to create service districts in the County, the creation of such districts would require staff time to establish the districts, collect the taxes and administer the projects for the benefit of the district. Whether additional staff would be necessary would depend on the extent of the districts, whether existing software could be used to implement the tax collection and the nature of the projects to be constructed. RECOMMENDATIONS: The projected annual revenues and service district background are provided to inform the Board. Staff will be in attendance at the Board meeting to answer any questions on the information presented in this report. ATTACHMENTS: Attachment A - Sample Service District Map Attachment B - Methodology for Projecting Service District Revenues Attachment C - Service District Information provided to the Board on January 4, 2006 06.194 Attachment A "r- ~:7 ':-. x:'/ / ... ", Prep~l"('d by Albenurle Colmly OfficI: of GeographIc Data ScrvKes(GDS). Map cre.1ted by Ty Chambtrs. Novembtt 20Cl6. Places 29 Proposed Land Use (current throUBh AUBust 20(6) &' Rou te 29 Service District Note: 1be map t'Iemt'nrs dcpicfl'd are graphic representations and are not 10 be constrllCd or llsed as a legal ~5Criptiolt This map is fOr dispLly purposes only. ProPOsed Land Use data provided by Community Design + Archltectwe. l,0X! 2,CXXl 3.000 1,000 f_ I I I I ~\ ;1'\./ Fl,ltW'.. Roadlmprovel!1tmt -R.oo.dC.nterllne ~ MajorSu-m 23 MajcnW",t.rBodIj t - P4l'eel&~ _ AilpOrt _ Co'-rvation _ Emplolj.....nt _fnate.R...ld.muo.l HighD.na:it1,l _ Lutitution.a.l _ LowDenait\j MJ.odu.. _o".nS".~1 _ Op.nSpliIDe 2 _Retall _ Rural Dev.,loPQl&nt ~ Ro1l.te29ServiceDw.rlet Clb,J OfUarlotte.vtlle Attachment B - Methodology for Projecting Service District Revenues DefininQ the Service District: In order to project potential revenues from a service district, first, the service district boundary must be defined. For purposes of this revenue projection, maps from the Places 29 master planning process were utilized to identify commercial parcels in the broader RT29 N service district (Attachment A). Revenues were projected also for an alternative service district boundary that included only the Albemarle Place and Hollymead Town Center developments. Proiectinq the Type and TiminQ of Developments: Once establishing the boundary of the district, staff classified the identified parcels within the district boundary into three categories to project the type and timing of developments. The categories are as follows: 1) existing commercial properties 2) commercial properties yet to be fully developed through approved rezonings and 3) potential commercial properties to be developed / redeveloped through potential rezonings. Category 1: For existing commercial properties in the service district, such as Fashion Square Mall or Rio Hill Shopping Center, the type and timing of development is presently defined. Staff used the County's real estate database to determine the existing assessed values of properties. Category 2: For commercial properties to be developed through approved rezonings, such as Albemarle Place and Hollymead Town Center, staff attempted to estimate both the type of and when development would occur. Specifying the type of development is important because the value of the property, as assessed by the County, will vary depending on the type. For example, the value of a big box development will be different from a strip center development consisting of small retail shops. Information on the expected type of development was obtained either through the rezoning itself, or site plans that are approved or are presently under review. From this information on the type and scope of development, staff conservatively estimated the approximate amount of commercial development that will be in place for each project in five (2012) and ten (2017) years. To approximate an assessed value once the property is developed, staff estimated the identified properties' values if they had brand new structures today, given current market conditions. For example, an expected big box retail on a parcel was compared with a current new big box to estimate an assessed value. From these estimates, assessed values were then projected based on when the property would likely be developed. As another example, if a project planned for 100,000 square feet of office space and 50% was estimated to develop within 5 years, then 50% of the estimated assessed value would be accounted for in year 5 of the revenue projections. Category 3: For potential commercial properties to be developed / redeveloped by potential rezonings, such as area A of Hollymead Town Center or further expansion of office space in North Fork Research Park, staff again attempted to project both the type of and when development would occur utilizing the same methodology used for "Category 2." Proiectinq Assessed Values: Staff has available the assessed values for existing commercial properties and can also estimate the assessed values (in today's dollars) of properties to be developed based on current economic conditions. However, staff does not have a good basis to project the future assessed values of commercial properties due to their appreciation. The development of new, large commercial properties, such as Albemarle Place and Hollymead Town Center, creates much uncertainty as to how these projects may impact the assessed values of existing commercial properties. While the County's 5-year financial model does project an average change in assessed values, the projections are driven primarily by residential properties' assessed values and may not be a good indicator of changing commercial values. The model also provides only 5 years worth of data, which is insufficient for this scenario. Because of the uncertainty and complexity in projecting commercial assessed values, staff presents the projected revenues in today's dollars. Proiectinq Revenues: After defining the service district boundary and projecting how and when projects could develop, an additional tax rate of twenty-five cents per $1 00 of assessed value was applied to project annual revenues. Revenues were projected after five and ten years for both the broader RT 29N commercial area and the Albemarle Place and Hollymead Town Center projects. Again, please note all revenue projections are in today's dollars and do not account for any appreciation in existing commercial properties. - exec summary Page 1 of 4 A.ttachment C COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Albemarle Place and Hollymead Town Center Community Development Authority Proffers AGENDA DATE: January 4, 2006 ACTION: X INFORMATION: SUBJ ECT/PROPOSALlREQUEST: Discussion Regarding Creation of Community Development Authority or Service District CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Tucker, Foley, Davis REVIEWED BY: LEGAL REVIEW: Yes http://www.albemarle.org/uploadlimages/forms _center/departments/board _ oCsupervisor... 12/21/2006 exec summary Page 2 of 4 BACKGROUND: In 2003, the Board of Supervisors accepted proffers in ZMA 01-07 (Albemarle Place), ZMA 01-19 (Hollymead Town Center Area B), ZMA 01-20 (Hollymead Town Center Area C), and ZMA 02-02 (Hollymead Town Center Area D) that generally provided that upon the request of the County that the owners of property used for non-residential purposes would petition and consent to the creation of a community developmen: ("CDA") authority that could impose a special tax not greater than twenty-five cents ($.25) per $100 of the assessed value of the property. The purpose of the proffered CDA was limited to funding improvements related to or associated with Route 29. The wording of each voluntary proffer varied somewhat from one another but was generally consistent. [Attachment A] In 2004, the County retained John O'Neill from the law firm of Hunton & Williams to provide an overview of CDA's and to explore the possibilities of creating a CDA relating to the Albemarle Place and the Hollymead Town Center developments. On April 7, 2004, Mr. O'Neill presented information to the Board n=garding CDA's and alternative special service districts. The Board requested additional information comparing CDA's and service districts. That information was provided to the Board in a comparative chart on April 14, 2004. No action was taken by the Board to proceed with either approach. In September of this year, the Board asked staff to revisit this issue. STRATEGIC PLAN: Goal: 4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure. DISCUSSION: The purpose of the CDA proffers in the Albemarle Place and Hollymead Town Center rezonings was to provide a possible funding option to address road improvements related to Route 29 and roads associated with Route 29. At the time the proffers were offered there was no specific plan or time table for establishing such a CDA nor were specific road improvements identified that would be funded by a future CDA He intent was to provide a mechanism for non-residential property to pay a special tax to fund, in pa1, road improvements necessary to meet the increased traffic resulting from these developments when the improvements were identified. It was anticipated that the Route 29 traffic study would identify improvements that would require additional revenue sources to implement them. When this issue was reviewed in 2004, a number of obstacles were identified that made the formation of a CDA complicated. As a result, Mr. O'Neill suggested that the County consider the use of a service district in lieu of a CDA if it desired to create a special tax district. Attachment B provides information regarding special tax CDA's (This attachment only addresses special tax CDA's and does not address CDA's funded by special assessments. Assessment CDA's are different in how and what improvements may be funded), Attachment C provides information regarding service districts, and Attachment D provides an updated chart comparing CDA's and service districts. One obstacle to creating a CDA is that the CDA must consist of a single "tract" of land and that 51% of the property owners based on acreage or value must petition for the creation of the CDA. The proffers only commit the property owners of land "used for non-residential purposes" to petition for the creation of a CDA As shown in Attachment A, only Hollymead Town Center Area B consists of only non- residential uses. The other three developments have a potential mix of residential and non-residential uses. The specific location of the residential uses cannot yet be determined because site plans have not been submitted or approved identifying the exact location of the residential and non-residential properties. [Attachment E] The documents creating a CDA must specifically identify all property that will be included in the CDA In addition, the Hollymead Town Center Area B proffer makes its CDA proffer contingent upon the CDA including all of the other non-residential properties in the other Hollymead Town Center area~. The proffer for Hollymead Town Center Area C only commits the property owners of property in Area C previously zoned Light Industry (L-I) to be included in the CDA Some non-residential property in Area C previously zoned Highway Commercial (HC) may have to be involuntarily included in the CDA to meet the .A,rea B contingency. It also may be difficult to draw a CDA that connects all the non-residential property in a single tract. The extent of this cannot be determined until the uses of the property can be reasonably identified. Again, it is unknown when development plans will be finalized so that the use of the properties can be determined. - http://www.a1bemarle.org/up1oadlimages/forms _ center/departments/board _ oC supervisor... 12/21/2006 exec summary Page 3 of 4 Another obstacle is that only improvements located outside of the CDA that "serve" the CDA may be funded by the special tax collected by the CDA. The petition to create the CDA must describe the facilities proposed to be financed by the CDA In order to determine that infrastructure and improvements outside the CDA serve the CDA district, studies of an acceptable consultant would be necessary. The Board is required to make a legislative finding that the improvements are necessary to meet the increased demands on the County as a result of the development within the CDA district. Unless the nature of the improvements is known at the time the CDA is created, this finding becomes more difficult. A CDA is a separate political subdivision. Once created, a CDA is limited to act only within the powers granted to it in the enabling ordinance. The enabling ordinance can only be adopted upon the petition of the landowners. After the ordinance is adopted and finalized, it is recorded in the land records for each tax map parcel in the district and the CDA Articles of Incorporation are filed with the State Corporation Commission. A CDA board is required to carry out the purposes of the CDA Unless the Board of Supervisors appoints its own members to be the CDA board, however, the CDA board can act independently within the powers granted to it. There is no flexibility to amend a CDA after it is created without the consent of the majority of the property owners within the CDA A CDA has the authority to issue revenue bonds but bond counsel indicates that it would be difficult for a special tax district CDA to market such bonds based on the limited revenue stream. The amount of the bonds would also be limited by the revenue stream. No special tax CDA's, to date, have been created in Virginia. A service district can create the "same" special tax that could be imposed by a CDA. A service district can levy and collect a special tax to fund transportation improvements and road construction within the service district. Whereas a CDA is limited to a special tax rate of twenty five cents ($.25), there is 10 legal limit on the amount of the service district tax. The taxes that are collected are required to be segregated in a separate fund and can be used only for the improvements identified in the ordinance creating the district. A service district is created by an ordinance that defines the boundaries of the district and any areas within the boundary that are excluded from the district. The creation of a service district does not require a petition or consent of the property owners. There must be a reasonable basis to include or exclude property from the district. The purpose of the district is to "provide additional, more complete, or more timely governmental services within the district". The district could include Route 29 and the properties identified within Albemarle Place and Hollymead Town Center and any other properties deemed appropriate by the Board of Supervisors. Whether it would be appropriate to expand the service district to includ':l other properties would need to be studied. No improvements could be constructed outside the boundaries of the district. A service district is not a separate political subdivision. A service district is created, controlled, end can be amended at the discretion of the Board of Supervisors. A service district could be created when aeemed appropriate to start collecting the revenue generated by a special tax. The properties included in the district could be adjusted after their use (residential, non-residential) has been established. A service district has no independent authority to issue bonds. There is uncertainty whether the County could issue "revenue" bonds based on the proceeds of the special tax. If the bonds could be issued, the amount of the bonds would be limited by the projected revenue stream. BUDGET IMPACT: There could be substantial expense incurred to create a CDA depending upon whether the property owners cooperate in the formation of the CDA, the expense of the legal documents necessary to establish it, end the cost of consultants to establish that the improvements "serve" the CDA district. These costs could be funded by the special tax collected by the CDA A service district could be created at less expense. Both a CDA and service district would require staff time to establish the districts, collect the taxes, and administer the projects for the benefit of the district. Whether additional staff would be necessary would depend on the extent of the districts, whether existing software could be used to implement the tax collection, and the nature of the projects to be constructed. RECOMMENDA TIONS: If the Board desires to create a mechanism to collect special taxes on the non-residential properties in the Albemarle Place and Hollymead Town Center developments to fund transportation improvements related to Route 29, staff recommends that the more efficient approach would be to explore the creation of a service district rather than a special tax CDA Although only consent to the CDA approach was proffered by these . http://www.albemarle.org/upload/images/forms _center/departments/board _ oC supervisor... 12/21/2006 exec summary - Page 4 of4 property owners, the effective fiscal impact of the service district approach would be the same as the proffered CDA if the service district tax was limited to twenty five cents. Legally the consent of the property owners would not be required to create a service district. Either approach would require additional staff analysis and study. ATTACHMENTS: A - List of CDA proffers accepted by the Board in 2003 in ZMA 01-07 (Albemarle Place), ZMA 01-19 (Holly mead Town Center Area B), ZMA 01-20 (Hollymead Town Center Area C), and ZMA 02-02 (HollymeadTown Center Area D) B - Information regarding Special Tax CDA's C - Information regarding Service Districts D - Chart comparing CDA's and Service Districts E - Memorandum estimating non-residential acreages F - Map depicting potential service area Return to regular agenda http://www.albemarle.org/uploadlimages/forms center! departments/board of supervisor... 12/21/2006 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Development Work Program AGENDA DATE: January 3, 2007 SU BJ ECT IPROPOSALlREQUEST: Review work program progress and consider new initiatives ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Graham, Cilimberg, Benish ATTACHMENTS: Yes //~-f /~lJr------- / LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: On April 5, 2006, the Board approved a work program that Community Development has been following (Attachment A). This worksession is to review the progress on Community Development's work program since last April, consider new initiatives the Board has discussed with respect to this work program, and determine if any reprioritization is appropriate. STRATEGIC PLAN: Goal 2: Protect the County's Natural, Scenic and Historic Resources Goal 4: Effectively Manage the County's Growth and Development. DISCUSSION: Progress on work program issues is discussed in Attachment B. Staff notes the following as significant with respect to the last nine months' efforts and work in the next year: · Pantops Master Plan has been drafted and is currently being reviewed by the Planning Commission. It is anticipated to be forwarded to the Board in either March or April. · Places 29 Master Plan is still under development and anticipated to be presented to the Planning Commission in the first quarter of FY '07 -'08. The work program anticipates the Board will complete its review in FY '07-'08. Work on the Southern Urban Area is planned to start with completion of Places 29. · Rivanna Master Plan is anticipated to start in the last quarter of FY '06-'07 and staff has drafted a contract for this work with the Thomas Jefferson Planning District Commission (T JPDC) to prepare a draft plan. It should be noted this work is planned to start with completion of the Pantops Master Plan (see Attachment B). · Economic Development Policy discussion with the Board is scheduled for February 2007, noting the work program has not anticipated any major new effort following that discussion. · Community Facilities Plan update is being deferred to provide Parks and Recreation and RSW A additiJnal time to prepare new plans. · Work on the Phasing/Clustering provisions is complete. · Work on the Mountain Overlay District (MOD) has expanded beyond what was anticipated last April and is now anticipated to take an additional six to nine months for completion. · Work on critical slopes and overlot grading has been deferred to allow any changes anticipated for the F~ural Areas and MOD to be incorporated into a single ordinance amendment. In addition to the existing work program initiatives, staff notes the Board has expressed interest in the following new initiatives: · Implementation of the Development Review Task Force recommendations. This Board appointed tasl~ force has been meeting since April and is anticipated to complete its recommendations within the next couple of months. Staff anticipates this will include ordinance amendments that will need to be prioritized against other work program initiatives, but the extent of that effort had not been defined at the time this report was prepared. · Transferable Development Rights (TDRs) /Rural Areas downzoning / Receiving Area creation. As outlined by Mr. Slutzky at the December 6th Board meeting, this initiative would require significant staff resources for several years. Staff anticipates this initiative would require a major reprioritization of the work program. This proposal is . currently being evaluated for workload impacts and staff plans to discuss those impacts in February. . Other Rural Areas protection strategies. As part of the MOD discussion, the idea of expanding MOD measures to the entire Rural Areas as well as investigating other new protection measures has been discussed. Expanding this to the entire Rural Areas is anticipated to require approximately the same amount of time to prepare as an MOD- only amendment, but staff believes it could require significantly more time and resources for the public process. . Sustainable population projections and correlation to master plans. In discussing the concept of priority areas within master plans, the concept of developing sustainable population projections that would be usej for master plans and future Rural Areas planning has been discussed. In reviewing this concept, the essential first step would be to reach agreement on assumptions/standards that would be used for developing such as projection. Staff also notes that no other communities have been found that use this approach. Thus, the County would be inventing an entirely new process. Staff believes that drafting those assumptions could be done by a Board appointed committee with minimal staff involvement but the process of incorporating this work into the Compretlensive Plan would be a major undertaking. Applying those assumptions to the master plans could be done as a routine part of master plan review or development once it was in the Comprehensive Plan. . Green Building / Sustainabijity Initiatives. This concept was discussed with the County Board at a September 13th worksession. Staff is currently working on three areas: 1) documenting existing County efforts, 2) exploring how to facilitate stronger interest in green building with the development community, and 3) exploring how to improve communication and understanding with respect to green building efforts. If there is interest in expanding beyond that effort, staff believes it may be necessary to prioritize this work against other initiatives. . Enhanced Erosion & Sediment Control Program. Several Board members have expressed an interest in how the County's Erosion and Sediment Control program could be improved. Staff has been investigating possible strategies. A higher level of protection will require additional resources, by the County and/or developers, as well as raise construction costs. As such, staff anticipates this initiative would require significant resources to adopt and implement. . Proffer Policy. Staff noted from the April discussion that a proffer policy was among the initiatives postponed for consideration. Since then, the Board decided the Fiscal Impact Committee could initiate work in this area by developing a better understanding of impacts related to development. To date, staff's involvement in this effort has been minimal. The next step of developing a proffer policy and adopting it into the Comprehensive Plan would require significant staff resources. BUDGET IMPACT: Staff notes this work plan is largely incorporated into Community Development's budget. However, completior of the items listed below will require additional resources or adjustments to the work plan. These items will appear as proposed new initiatives in the upcoming budget process. These proposed budget initiatives are also listed in Attachment B and include: . Neighborhood Planner to assist with implementation of the Places 29 Master Plan. . Consultant services requested for Adequate Public Facilities as part of Community Facilities Plan update. . RA Agriculture/Forestry Planner, per the Rural Areas Plan. . Consultant services requested for Entrance Corridor Guidelines update. . Consultant services requested for Historic Resources database. . TEA 21 Grant match for Phase 3 of Crozet Avenue improvements. . Increased ACE funding requests (additional funding has been included in the proposed CIP). Beyond the budget impacts above that will be discussed further during the budget process, any additional Board initiatives will either have an additional budget impact or will need to be achieved by reprioritizing the work plan. RECOMMENDATIONS: 1. Staff recommends the Board accept the following proposed changes to the work program: deferring work on the Community Facilities Plan, the Comprehensive Plan format, and overlot grading and critical slopes regulations. It is also recognized that any direction on Economic Development Policy initiatives and Development Review Task Force recommendations may require additional revisions to the work program. 2. Staff requests Board direction on prioritizing current work plan items and on new Board initiatives that are not currently a component of the work plan. While specific budget direction should be fully considered during the budget process, general direction from the Board on the priority of work plan items is needed. An assessment of how best to accomplish those priorities, whether through additional funding or delay in completion of other items in the work plan, can be more fully considered during the budget process. 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'" ~ C<l .... f-; g ;.a ;::: ;:l r.r.., Attachment B Page 1 of 5 Five Year Work Plan January 2007 Update UPDATE OF THE COMPREHENSIVE PLAN/PLAN POLICIES: Recentlv com Dieted comDonents: Crozet Master Plan (adopted 2004) Rural Area Plan (adopted, 2005) Community Facilities Plan for Schools, Police, Fire and Rescue, and Libraries (adopted 2005) Transportation (adopted January, 2006) Southern Urban Area B Study (adopted by PACC 2004, currently under review for adoption by City and County for incorporation in the respective Comprehensive Plans) **Dates indicate expected staff completion dates (product delivery to Planning Commission, unless noted otherwise). Master Plans (**a Strategic Plan priority initiative-- New Priority Projects should not impact schedule/resources for master plan development) (All plans to be developed with consultant assistance, except the Pantops Plan and Crozet 5 Year Review. Continued master plan work will also require new staff to manage work and provide neighborhood planning services for completed plans) · FY 05-06 to 06-07, 3rd qtr - Places29, Northern Development Areas Master "Framework" Plan (Wiegand) 12/06 UPDA TE: final draft from consultant to Staff 6/07, to PC to begin review 1 s, qtr. FYO 7/08 · FY 06-07, 1st quarter - Pantops Framework Plan (RagSdale) 12/06 UPDA TE: Plan outline/recommendations delivered to PC 8/06. Draft Plan now under review by Pc. PC public hearing anticipated jan/Feb 2007. · FY 06-07 to FY 07-08, 2nd qtr - Rivanna (after completion of Pantops Plan; est. 12 to 15 months to complete) (Ragsdale) 12/06 UPDA TE: Rivanna Plan to begin late 4'h qtr FY 06/07 (pending substantial completion of Pan tops Plan). Draft contract with TjPDC completed. Draft scope of work developed, 250 West Corridor Transportation Study underway (which feeds into this Plan work.) · FY 07-08 to FY 08-09 - Southern Urban Neighborhoods (4 & 5) (after completion of Places29; est. 18 months. to complete) (new neighborhood planner needed for this schedule) 12/06 UPDA TE: Budget request submitted this year for new Neighborhood Planner. U. Va (Spring semester) class to develop background data/info for N 4/5. Develop scope and bid for consultant 1st qtr FYO 7/08. · FY 09-10 to FY 10-11 - Neighborhoods 6 & 7 (est. 15 months. to complete, after completion of the Southern Urban Neighborhoods Plan) (neighborhood planner hired for the Southern Urban Neighborhoods Master Planning) · FY 09-10 to FY 10-11 - Crozet Plan 5 Year Review (est. 12 to 15 months to complete) (RagSdale) 12/06 UPDA TE: No change at this time. County/City/University "Area B" Studies · FY 05-06, Southern Urban Area B study (currently under review by PC) (Benish) 12/06 UPDATE: to be completed by June 2007. The applicant CPA request for Granger property has extended work on the adoption of the Area B Study. · FY 06-07 - Possible review of Blue Ridge Hospital Area B study (to be determined pending development concepts for site, provided by UREF) (Benish) (timing uncertain) 12/06 UPDA TE: Preliminary review of the Hospital property proposal and possible amendments to Area B Study has been suspended at this time by the applicant. Attachment B Page 2 of 5 Economic DeveloDment Policv . FY 05-06, 1st qtr. - update background data and research possible goals / objectives (Stimart) FY 06-07, 2nd qtr. - review data and goals/objectives with Board for possible policy changes (Stimart) 12/06 UPDA TE: Tentative date set for Feb 2007 BoS meeting to present/review updated background data and analysis/findings. Project delayed by 3months to date due to workload/priorities for Business Development Planner (Crozet Library, Downtown initiatives, NGIC related work). Schedule for further work on the Policv uvdates will be devendent on direction from BoS. Work on this section will be devendent on staff from other devartments beyond Comm. Dev. (Co. Exec. office. OMB). Community Facilities Plan . FY 06-07, 3rd qtr - update of Community Facilities Plan sections for Parks and Recreation, Solid Waste, and County Administrative Space (pending completion of consultant work on new Parks and Recreation service/facility standards) (Benish) . 12/06 UPDA TE: Parks & Rec Dept has not received revised draft standards for facilities from consultant and RSWA advises they are starting a strategic plan effort this year and will not have an update until that work is completed. Propose to keep all three section amendments packaged as one project for efficiency of review by PC/BoS. To PC by 4th qtr FY 07/08. "''''THIS PROIECT IS LIKELY CANDIDA TE FOR FURTHER DELA YS TO ADDRESS NEW PRIORITY PROIECTS (CURRENT STANDARDS, THOUGH DA TED, ARE STILL USABLE). . FY 07-08 - Development of new community facilities plan that relates facilities to development activity (adequate public facilities concept) (Benish) (consultant assistance needed) 12/06 UPDA TE: Budget request submitied this year for consultant services needed to implement this Plan. Natural Resources. Cultural Assets . FY 07 -08, 4th qtr - Five year review and update of the Natural Resources and Cultural Assets section of the Plan covering Natural (including Biodiversity), Scenic, Historic Resources, Open Space Plan, Natural heritage resources and Greenway Plan (Ambler/Clark/Swales) 12/06 UPDA TE: Initial meeting with PC in by june, 2007 to review outline for update of section (areas needed change, type of changes, etc.) and receive direction from pc. Revised draft Section estimated to be delivered to PC by 3rd qtr FY 07/08 (but depends on PC direction received in june '07). Major format change anticipated to this section (currently very long and detailed). Schedule for the "Redraft of Comprehensive Plan Format" project (below) plays into this project's schedule. Some of the New "green development-building" policy/initiatives can be incorporated into Comp Plan with the update of this section (the section currently contains the Sustainability goals and strategies). If scope of green building is extensive, this may need to be reevaluated. Redraft of ComDrehensive Plan Format . FY 06-07, 4th qtr - Update format/structure of Comp Plan, incorporate ancillary documents and establish a more user friendly form of document. (Benish) 12/06 UPDA TE: Anticipate forwarding outline of new format to PC by june, 2007 for PC review and direction. "''''THIS PRO IECT IS LlKEL Y CANDIDA TE FOR FURTHER DELA YS TO ADDRESS NEW PRIORITY PRO IECTS. Land Use Plan - . FY 06-07 to FY 07-08 - Five year review and update the background data (land inventory/growth trends (report findings to Board), the growth management and facilities planning goals (review update as needed), and land use/development standards/guidelines (rev & update as needed) (Benish/Ragsdale/Wiegand). 12/06 UPDA TE: No change to schedule anticipated and project should be considered a high priority. The schedule for "any new priority projects" should not affect this project, if possible Attachment B Page 3 of 5 Utilities Section · FY 06-07, 2nd qtr - Community Water Supply Plan, incorporate in to Comprehensive Plan (the plan is anticipated to be completed by RWSA.by June 2006) (Ambler) · FY 07-08 - Five year review and update of the Utilities section of Comp Plan (Ambler) · FY 06-07 thru 2010-11 - State mandated Water Supply Plan, to include Integrated Resource Plan (IRP) -analysis of state requirements in FY06-07 - notify state of intent to develop regional plan (with City), FY 07-08 - Completed plan by FY 2010-11 (Ambler/Harper/Swales) (consultant assistance may be needed, but to be determined) 12/06 UPDA TE: Anticipate Comprehensive Plan revision once RWSA permit has been approved by DEQ. No changes anticipated to the schedules at this time but it is noted permit delays may affect schedule. At this time, it appears that consultant assistance for State Mandated Water Supply Plan- Integrated Resource Plan will NOT be needed. Rural Area · FY 10-11 - Five year review and update of Plan (McDowell) 12/06 UPDA TE: No change MAJOR COMPREHENSIVE PLAN IMPLEMENTATION PROJECTS Implementation of Priority RA Recommendations- (A Strategic Plan Objective) · FY 05-06, 4th qtr. - Mountain Overlay District Committee (Committee recommendations to Board (McDowell) 12/06 UPDA TE: Recommendation provided to BoS; still under review by BoS. · FY 05-06, 4th qtr - Phasing/clustering Zoning Text Amendment (ITA) (Planning Commission recommendations to Board re: ordinance outline and public review process. Ordinance language to follow based on Board decision.) (the schedule anticipated with the adoption of the RA Plan was FY05-06 4th qtr for Phasing and FY 06-07, 4th quarter for Clustering) (McDowell) 12/06 UPDA TE: Draft ordinance text amendment outlined delivered and reviewed by BoS. BoS will not pursue amendments. Project completed' · Ongoing Conservation Programs (ACE, PRFA) - Establish dedicated funding sources, pursue grants, public education and promotion, easement monitoring, identify important conservation areas. (Goodall, Clark) 12/06 UPDA TE: Ongoing. Budget requests (2) Submitted this year to: 1) increase funding of ACE and, 2) to fund new Rural Support Planner position (for FY 07-08 hire). · FY 05-06 to FY 06-07, 4th qtr. - Country Store support initiative (ITA/ other measures) (Arnold) 12/06 UPDA TE: On Schedule to begin PC work by June 2007, or sooner. Background research now underway. · FY 07-08 - Rural/Ag/Forestry support initiative (establish new staff support position and develop and implement programs supporting agriculture/forestry and other RA conservation initiatives) (the schedule anticipated with the adoption of the RA Plan was for creation/hiring of this position by FY 06-07) (new RA Support Planner) Dependent on Hire of additional staff noted above. If hire not made, the implementation of initiatives will be delayed by at least 1 year. · FY 07-08 - Crossroads Communities identification and Alternate Uses-Rural Area District uses review/ITA (after completion of Country Store support initiatives) (the schedule anticipated with the adoption of the RA Plan was FY07-08, 2nd qtr.) (Arnold) 12/06 UPDA TE: No change in schedule to date; some basic initial background work undertaken related to work on the Country Stores project noted above (4th bullet in this section). Direction on TDR initiative may impact priority/ schedule for this project · (No date set) - Review of Fiscal and Tax Tools (establish committee to review Use Value Taxation program and other financial opportunities that support RA goals) (schedule and staffing to be determined). 12/06 UPDA TE: anticipated to begin evaluation after completion of MOD, Phasing and Clustering ZTA work. Direction on TDR initiative may impact future schedule. Implementation of Priority DA Recommendations · STA for Over-lot Grading - (Graham) Attachment B Page 4 of 5 12/06 UPDA TE: Ordinance amendment deferred to consolidate with possible MOD changes. · FY 05-06 - Critical Slopes and Grading (To Board, to be referred to PC) (Graham) 12/06 UPDA TE: Ordinance amendment deferred to consolidate with possible MOD changes. Delayed due to workload and staffing issues for the 2 bullets noted above · FY 06 - 07, 4th qtr - Neighborhood Model Volume 2 (setbacks, heights, open space, lot characteristics, lot access) (Echols) · Relegated Parking - (to be undertaken after Neighborhood Model Volume 2 ZTA is completed) (Echols) 12/06 UPDA TE: Delayed due to heavy rezoning workload and staffing issues. Now anticipated by 3,d qtr FY 07-08 for the two bullets noted above. · FY 06-07, 1st qtr. - Crozet Downtown Parking Ordinance (outline of issues & ordinance components to Planning Commission. Ordinance language to follow based on PC direction) (Stimart) 12/06 UPDA TE: Scope of work completed, RFP out Dec 2006, estimated 6-9 months to complete and forward to PC for review Affordable Housing Policy Implementation · Affordable Housing CPA/ZTA (under review by PC at this time) (White) 12/06 UPDA TE: Proposal currently being considered by Planning Commission and Housing Committee. Natural Resources, Cultural Assets: Update of Entrance Corridor Design Guidelines FY 06-07 to FY 07-08 - Assess characteristics, establish goals, and update guidelines to focus on specific character of each corridor, reflecting new policies (NM principles, others), and present conditions along specific corridors (Maliszewski) (consultant assistance needed) 12/06 UPDA TE: Budget request submitted this year to fund consultant assistance consistent with this timeframe Historic Preservation Plan Implementation Priorities · FY 06-07, 1st qtr - Complete update of Dept. of Historic Resources historic sites survey (Mahon) Completed · FY 06-07 and FY 07-08 - Development of Historic resources database (Mahon) (consultant assistance needed) 12/06 UPDA TE: Delayed due to staffing issues. Staff has submitted a budget request this year for consultant contract to develop a computer system-data base consistent with this schedule. A Historic Pres. Committee sub-committee is developing scope of work and interim development plan · FY 06-07, 4th qtr - Amend the Priority Recommendations for Historic Preservation in the County's Comprehensive Plan (Mahon) 12/06 UPDA TE: To be done as part of Cultural Resources and Natural Assets Section update. · FY 06-07 to FY 07-08 - survey of historic school, church and barns structures sites and identification of significant viewsheds by Historic Preservation Committee (committee) Natural Heritage Committee · FY 05-06, 4th qtr. - Establish work program and timeline based on tasks assigned by Board (FY 05-06, June) (Committee) 12/06 UPDATE: Completed this past summer (1st qtr FY 06-07) OTHER PRIORITY PROJECTS UNDERWAY OR ANTICIPATED: · Capital Improvements Program review and Implementation (Benish, Wade, Ragsdale, Wiegand) annual/ongoing · Hillsdale Pedestrian Safety Grant (Wade) Grant funds secured; Design consultant hired & design work underway. Anticipated construction 2nd qtr FY 07-08. · TEA21 Enhancement Grant, Crozet (Wade) Phase 1/1 request to be submitted Nov 2007, current management of Phases I & II. · Annual Operating Budget (Directors, Chiefs) annual/ongoing · Annual VDOT Primary Road Construction Plan review (Wade) annual/ongoing · Annual VDOT Secondary Road Construction Plan review (Wade) annual/ongoing Attachment B Page 5 of 5 · Participation in Transit Development Plan (coordinated with City) (Wade) completed · 12/06 UPDA TE: Regional Transit System-Authority Development (MPO, Wade, Benish) County staff assistant with MPO project · ACE Program/Committee (Goodall) ongoing · Conservation easement management/Public Recreation Facilities Authority (PRFA) (evaluate consistency w/ Comp Plan, easement review, baseline, info, monitoring, database mgt) (Clark) ongoing · Analysis of development potential of old Crozet Land Use Plan map (Benish) completed, but regular monitoring now an ongoing process · Revise the ACSA Jurisdictional Area designations for consistency with the Crozet Land Use Plan (Benish) Development Area-wide ACSA housecleaning amendment schedule for spring/summer 2007 · Status Report on natural resource protection initiatives report (annual, thereafter) (Ambler/Clark/Swales) · Groundwater Monitoring (initiate ongoing program) (Swales) ongoing · Dept of Conservation-Recreation (DCR) Riparian Buffer Program Grant administration (Ambler) Grant received; program development underway. · Red Hill Groundwater Contamination Remediation (Ambler/Swales) Source for water system supply found; ACSA Jurisdictional Area Amendment scheduled for 12/06 · Study of ACSA Jurisdictional Areas boundary adjustments in the RA (Benish) Part of ACSA DA housekeeping amendment noted above · Lighting Ordinance amendment (public request now under review by staff) (Maliszewski) Review delayed due to workload an higher ZTA priorities · Mandatory ARB Review of all EC applications-PC/ARB request (Maliszewski) · Seasonal Farm Worker Housing ZTA (Clark) "Final" revision back to BoS in Dec. 2006 · Agricultural/Forestal Districts management (addition, withdrawals, renewals) (Arnold) · Public request for Comprehensive Plan Amendments (CPA) (Benish) ongoing (3 under review at this time) · Contractor's Office and Equipment Storage Yard (Cilimberg) Delayed due to other work priorities, anticipated public hearing ;rt quarter FY06/07 · Fee Study (Cilimberg) Underway · Crozet Community Council (Ragsdale) ongoing · Comprehensive Plan Simulation model (Clark) On hold due to workload and work priorities · Development Activity Report and Annual Report (Cilimberg) Update of CityView database needed to continue to publish-CityView data update underway, but delayed due to workload and staffing issues (vacancies) · Development of Proffer policy (Cilimberg) evaluation underway, mgt improvements ongoing · Department efficiencies (Cilimberg) ongoing · Department management (Directors) ongoing · "Housekeeping" ZTA/'5fA (Sprinkle) Draft being finalized · Illegal signs in public right of way (McCulley) Pilot study completed, no further action · NGIC Expansion (Graham, Cilimberg) Monitoring and evaluation underway (Stimart) · Metro Planning Organization (MPO) (policy board, technical committee) ( Benish, Wade, Co. Engineer) ongoing · Planning and Coordination Council (PACe) (Policy Board, Technical Committee,) (Cilimberg) ongoing · Rt. 250 West Committee (Wade) ongoing · CHART Citizen Advisory Committee (MPO) (Wade) ongoing · PACC Pedestrian/BikejTrail Committee (Wade) ongoing · Leadership Council (Directors) ongoing · Urbanization Committee (Graham, Cilimberg) ongoing · Development Review Process Committee (Graham) ongoing 12/06 UPDA TE: Anticipate Board discussion in February or March · Evaluation of proposed TDR initiative (Graham, L. Davis, McDowell) preliminary evaluation and comment of Draft TDR initiative-:-(Nov. 2006- jan 2007) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA DATE: January 3, 2007 ACTION: X INFORMATION: SU BJECT IPROPOSALlREQU EST: Establish policies for land use decisions in the Development Areas and the associated Master Planning of these areas CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONT ACT(S): Tucker, Foley, Davis, Graham, Cilimberg .,...1 REVIEWED BY: ,~,.r /1 ....-......,.. I ,/ ,,>;-'tJ ! ...c.// / LEGAL REVIEW: Yes BACKGROUND: On October 4, 2006, the Board of Supervisors held its first work session on establishing policies for growth in the Development Areas and the associated master planning of these areas. (See Executive Summary, Attachment A) At that work session, staff posed three questions to the Board on which the Board reached consensus, as noted below: · Should the Development Areas continue to serve collectively as the County's priority areas for new development, public services and public infrastructure and should they be planned to accommodate all of the County's projected future population growth? The Board reaffirmed this long standing policy. · Should Master Planning set out not only the vision for each Development Area, which also yields the theoretical capacity for their ultimate development, but also the growth expectations for the 20 year planning period consistent with the population growth projected for the County? The Board affirmed this approach. · Should Master Planning establish priority areas for development and investment in public infrastructure within each Development Area? The Board stated its desire to establish priority areas in Master Plans for the purpose of public infrastructure investment with the hope that such investment will provide incentives for greater private investment and development within those areas rather than in non-priority areas and the Rural Area. However, the Board did not reach consensus as to a policy for prioritizing future land use decisions (most particularly re-zonings) in these same priority areas. The Board also agreed that staff should further research sustainable population initiatives with the possibility of establishing a baseline for ultimate growth in the areas being master planned. Staff has since met with representatives of Advocates for a Sustainable Albemarle Population (ASAP), who have proposed such initiatives, to discuss how this might be undertaken. Information on this initiative was included for the Board's discussion as part of the Community Development Five Year Work Plan. STRATEGIC PLAN: · Goal One: Enhance the Quality of Life for all Citizens · Goal Four: Effectively Manage Growth & Development o Strategic Objective 4.1: By June 2010, increase citizen satisfaction with the County's Development Areas by completing Master Plans for all of the County's Development Areas. · Goal Five: Fund the County's Future Needs o Strategic Objective 5.1: Develop a comprehensive strategy/plan for funding future needs. AGENDA TITLE: Guidelines for Growth in the Development Areas (Part 2) January 3, 2007 Page 2 DISCUSSION: It was noted in the Executive Summary for the Board's first work session that "the rezoning of property throughout a particular master planned area, without a connection to other areas or the centers identified in the master plan, will likely result in a scattered pattern of development where neighborhoods are not connected to and with the necessary infrastructure to achieve the vision of the Neighborhood Model and Rural Area protection." For this reason, it is important that the Board provide direction as to a policy for prioritizing future land use decisions in the Master Plan priority areas. As an example, the lack of such a policy has been raised by Board members in consideration of several development proposals in Crozet. While Crozet's Master Plan identifies target areas or "centers", it does not specifically prioritize these areas for public investment or preference in land use decisions. The result has been approval of new development that is somewhat scattered geographically and presents a more cost prohibitive challenge to consistently aligning public infrastructure investment with new development. The Board's direction on October 4 to establish priority areas in Master Plans for the purpose of public infrastructure investment begins to address this issue. With this direction, staff is identifying priority areas for public infrastructure and corresponding future capital project funding as an element of both the Pantops Master Plan and Places 29. However, without policies that also favor land use decisions in priority areas over other areas in the Master Plans, the best opportunity for more concurrent development of each may not be realized. It should be understood that, even with such intertwined policies, concurrency is not assured. Public funds are limited, and there will be great challenges in meeting all desired infrastructure needs in all priority areas. Further, there will remain large areas within the Master Plans that can develop by-right, far removed from where public infrastructure investment will be occurring, and that may not provide the type and form of development envisioned by the Master Plans. However, absent such policies working in concert, there will be much less opportunity to achieve desired results in priority areas. BUDGET IMPACT: The County's operating and capital budget will be impacted in the long term by decisions made by the Board regarding the establishment of priority areas for considering the approval of rezoning requests and for making public investments. Scattered development within the development areas is likely to have a greater budget impact than would investment and rezoning in priority areas. RECOMMENDATIONS: The information contained herein is intended to conclude the Board's discussion of its intent for accommodating growth in the Development Areas and the associated Master Planning of these areas. Moving forward, it will be important for the Board to provide final guidance by answering this remaining question resulting from the discussion above: . Should Master Planning establish priority areas for land use decisions within each Development Area? ATTACHMENTS A - October 4, 2006 Board of Supervisors Executive Summary 06.185 ATTACHMENT A COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Guidelines for Growth in the Development Areas AGENDA DATE: October 4, 2006 SUBJ ECT/PROPOSALlREQUEST: Establish policies for growth in the Development Areas and the associated Master Planning of these areas ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Tucker, Foley, Davis, Kamptner, Graham, Cilimberg ATTACHMENTS: No LEGAL REVIEW: Yes REVIEWED BY: BACKGROUND: It has been almost two years since the County adopted its first master plan. In that time period, a number of questions have arisen about the master planning process and what a master plan should accomplish, especially as it relates to how growth should be accommodated within master planned areas. Given that the concept of a master plan is still new to the citizens, staff and the Board of Supervisors, staff believes the timing is appropriate to review why master plans were proposed and how the County wants to use master planning to accommodate growth in the future. Since its inception, the Comprehensive Plan has focused accommodation of growth in what were originally identified as "Growth Areas" and what are now identified as "Development Areas" (hereinafter, both are referred to as "Development Areas"). These areas have been established collectively under the Comprehensive Plan as the priority areas for new development, public services and public infrastructure. Development Areas have been proportionally a much smaller land area than the Rural Area in the County and have decreased in area since the first Comprehensive Plan was adopted in 1972 and are now some 35 square miles in size. Development Areas as established in each successive Cor1prehensive Plan have historically provided a range of the theoretical capacity for their ultimate development, but have not established growth expectations for the 20 year planning period. In addition, Development Areas have not established priority areas for development, priority areas for investment in public infrastructure, concurrency guidelines for development and infrastructure or for the mix of residential and non-residential development, phasing guidelines that stipulate the timing of development, or any standards for a desired maximum "inventory" of approved commercial square footage or residential units to meet anticipated growth. The Comprehensive Plan has established what type of development should occur in what locations within the Development Areas, but decisions as to when and where the development occurs have generally been left to the free market. The Comprehensive Plan has also established what public facilities are necessary at what locations to support development of the Development Areas and has anticipated developer provision of facilities alon~1 with VDOT and the County's CIP. However, the ability of developer and VDOT funding and the County's CIP to adequatey pay for the cost of public infrastructure to support the Development Areas as the priority areas for new development, public services and public infrastructure has become increasingly difficult. Because this investment in infrastructure is critical to achieving the quality of life necessary to make Development Areas what is envisioned in the Neighborhood Model, the timing of infrastructure development associated with the rezoning of property within the Development Areas may need further consideration. The Neighborhood Model has redefined how the Development Areas should develop to provide an active, Vibrant urban place that will be perceived as a more desirable place to live than the Rural Areas. It puts a greater reliance on public facilities and urban services in the Development Areas to achieve the urban form. It continues to anticipate developer provision of facilities along with VDOT and the County's CIP providing a greater emphasis on concLrrency with development. It emphasizes Master Planning of areas within the Development Areas to best define how the Neighborhood Model can be achieved in these areas. Master Planning, in defining how the Neighborhood Model principles can be achieved in particular areas, can establish priorities for the preferred form and location of new development. The Crozet Master Plan, the first and only adopted master plan, has for the first time in the County's Comprehensive Planning of Development Areas, provided the growth expectations for an area with a 20 year planning period. :Subsequent AGENDA TITLE: Guidelines for Growth in the Development Areas October 4,2006 Page 2 to the Crozet Master Plan's adoption, staff developed a range of the theoretical capacity for the ultimate development of Crozet. To date, the Board has not established intended growth accommodation guidelines/ parameters for the Master Planning of Development Areas beyond its longstanding policy of Development Areas collectively being the priority areas for new development, public services and public infrastructure. The ability of developer and VDOT funding and the County's CIP to adequately pay for the cost of public infrastructure to support the recommendations of Master Planning remains a challenge. While development areas are relatively small compared to the County's total acreclge, they still represent a large area to serve with the infrastructure necessary to maintain a high quality of life. Maintaining a high quality of life in the development areas is critical if they are to become the preferred location of new residents moving to the County. STRATEGIC PLAN: . Goal One: Enhance the Quality of Life for all Citizens . Goal Four: Effectively Manage Growth & Development o Strategic Objective 4.1: By June 2010, increase citizen satisfaction with the County's Development Areas by completing Master Plans for all of the County's Development Areas. . Goal Five: Fund the County's Future Needs o Strategic Objective 5.1: Develop a comprehensive strategy/plan for funding future needs: DISCUSSION: In consideration of how to further refine policies for accommodating growth in the Development Areas, it is important to understand recent and anticipated growth trends in the County. From 1997 through 2005, there was an average of 922 residential building permits per year in the County. That number is skewed by the large number of apartments approved in the two year period of 2002 - 2003, with a total of 2799 building permits in those years. In that same nine year period, there was an average of 631 building permits per year in the Development Areas, about 68% of the total fo' the County. However, there has been a generally declining percentage of single family detached building permits in the Development Areas, falling from 55% in 1997 to 47% in 2004 and 48% in 2005. In the same period, the number of Rural Areas building permits has remained fairly constant, with an average of 291 building permits. With approved re-zonings and approved subdivision plats and site plans, there were over 6,500 potential additional dwelling units at the end of 2005 throughout the County, at least a 7 year supply based on the average residential building permits per year from 1997 through 2005. There were over 8,000 dwelling units proposed in developments awaiting County approval at the end of 2005, an additional approximate 9 year supply based on the average residential building permits per year from 1997 through 2005. While the large majority of these approved and prospective developments are in the Development Areas, the Rural Area has a potential of over 50,000 additional dwellings, almost exclusively single family detached, through by-right subdivision utilizing existing development rights. Albemarle's population grew from 84,100 in 2000 to 90,700 in 2005 (Weldon Cooper Provisional Estimate). According to population projections from the Virginia Employment Commission (VEC), the population is projected to grow to 97,200 in 2010, 107,400 in 2020 and 117,400 in 2030. Recent VEC projections have been approximately 3% to 6% lower than the actual population realized, meaning that the actual growth will probably be somewhat greater. Using a more liberal 1 0% error factor that considers other potential growth impacts, such as NGIC, the County's population would grow to approximately 106,900 in 2010, 118,100 in 2020 and 129,100 in 2030. This population growth would translate to close to 650 dwelling units per year over the next 25 years. These trends and facts seem to raise some particular questions regarding County policies about the planning of the Development Areas under Master Planning that should be answered to provide important guidance as to accommodating growth in the Development Areas through future Master Planning. . Should the Development Areas continue to serve collectively as the County's priority an~as for new development, public services and public infrastructure and should they be planned to accommodate all of the County's projected future population growth? Such a policy would best reflect the County's Intent that the Rural Area not be an area for growth, and could best prepare the County to plan for factors outside the County's control, such as the aging population, the price of gasoline or national policies related to climate charge, that have the potential of demanding more compact development and putting more growth pressure on the Development Areas. However, it should be understood that under existing Rural Area policies, and as growth trends indicate, the existing development right potential will mean some level of residential development and resulting population growth can be expected to continue in the Rural Area. AGENDA TITLE: Guidelines for Growth in the Development Areas October 4, 2006 Page 3 · Should Master Planning set out not only the vision for each Development Area, which yields the theoretical capacity for their ultimate development, but also the growth expectations for the 20 year planning period consistent with the population growth projected for the County? This would continue the approach taken in the Crozet Master Plan for estimating 20 year growth, but would also project that growth within the context of the total anticipated growth throughout the County. It sets out the "big picture" of what the County is trying to achieve in each Development Area, but provides the opportunity for a more realistic accommodation of the anticipated 20 year growth in each area. It should be understood that development under existing zoning, coupled with rezoning that is also likely to take place, could yield development that is different from the Master Plan's vision and the potential for more growth than what might be expected in the 20 year planning window for a particular Development Area. · Should Master Planning establish priority areas for development and investment in public infrastructure within each Development Area? This approach would prioritize the essence of Master Planning, which focuses on target areas or "centers" as the focal point of Development Area development. It establishes the type and form of development that should occur in what areas and under what time frame. It is based on existing conditions, the ability to provide urban services and infrastructure and the desirable mix of dwellings, jobs and supporting commercial uses. Downtown Crozet is an example of a target area identified in a Master Plan. It should be noted that there is no guarantee development will occur in the priority areas identified in a Master Plan because existing zoning may allow by-right development in areas different than as prioritized, of a different form than established by the Master Plan, and inconsistent with public infrastructure investment priorities established by the Master Plan and in future CIP's. Also, there will be perceived "winners" and "losers" under such designations - properties in priority areas could more immediately benefit from this designation, while properties outside of the priority areas would have to wait to realize their development allowances under the Master Plans. However, the rezoning of property throughout a particular master planned area, without a connection to other areas or the centers identified in the master plan, will likely result in a scattered pattern of development where neighborhoods are not connected to and with the necessary infrastructure to achieve the vision of the Neighborhood Model and Rural Area protection. Without the infrastructure needed to address the impact of the up-zoned property, concerns regarding the quality of life in the Development Areas will need to be considered. BUDGET IMPACT: Board decisions regarding policies for growth in the Development Areas as discussed above will have a profound effect on the implementation priorities for services and infrastructure in the Master Plans. This, in turn, will drive the County's future budget priorities for both the operating and capital budgets. RECOMMENDATIONS: The information contained herein is intended to facilitate the Board's discussion of its intent for accommodating growth in the Development Areas and the associated Master Planning of these areas. Moving forward, it will be impo'tant for the Board to provide guidance by answering the questions posed above in the discussion: · Should the Development Areas continue to serve collectively as the County's priority areas for new development, public services and public infrastructure and should they be planned to accommodate all of the County's projected future population growth? · Should Master Planning set out not only the vision for each Development Area, which also yields the theoretical capacity for their ultimate development, but also the growth expectations for the 20 year planning period consistent with the population growth projected for the County? · Should Master Planning establish priority areas for development and investment in public infrastructure within each Development Area? 06.136 /-7' Board-to-Board ^!~;;~rle County Public Schools January 3, 2007 rl,'tl'lllng I.cllrJ/ilfg. /.t'(l(,'il/g A monthly communications report from the Albemarle County School Board to the Albemarle County Board of Supervisors Human Resources Annual Report: The School Board received the annual Human Resource report in December, showing positive results in our efforts to recruit and retain a diverse teaching and administrative staff. The percentage of minority teachers increased for the first time in several years and the number of retirees was lower than it could have been, compared to the number of educators who are eligible to retire. The support for graduate courses, conferences and other effective staff development programs continues to be well-received and appreciated by the school division staff. The wellness efforts are growing, with positive results in decreased lost time and health benefit usage. Comprehensive High School Program of Studies/Course Offerings: During December, the School Board reviewed and approved the High School Program of Studies Course Offerings. Updates include new courses offered, courses deleted that are not longer taught, and policy or program changes that are in line with revisions to the Standards of Accreditation or division practices. The Comprehensive High School Program ofStudies/GPA-Weighted Grades and Class Rank, Grading Scale, Levels in Core Classes, Exams and Exams options, and Attendance will be presented to the School Board in early February. School Division CIP: During December meetings, the School Board revised the scheduling of several projects included in the CIP, including the Brownsville Addition (moved forward to 2007-2008), Crozet Addition (moved to the out years of 2012/14, except for $440,000 in site work on the parking/traffic issues, which is scheduled to begin design in 2008/1 0), Greer Addition/Renovation (moved forward due to safety/security concerns), and the Southern Feeder Pattern Elementary Additions/Renovations (a portion was moved back to the last two years of the COP and the remaining $5,325,000 was moved to 2012/13). The approved revisions will be presented to the Board of Supervisors this spring. Ann ual Progress Report/Mid- Year Review: On December 14, the School Board held a work session on the Annual Progress Report and Mid-Year review, engaging in discussion on the five strategic plan goals and current results. A number of priorities were identified for each goal, given the data reviewed. In connecting process to outcomes, the School Board focused on three questions: What evidence is there that the Division is making adequate progress in meeting goals outlined in the Strategic Plan'? Which goals need additional focus and what changes in strategies might be considered'? What direction should be provided to staff to ensure progress in meeting Board goals'? This Strategic Plan establishes a continuous improvement model for improving overall organizational effectiveness. Resolution of Appreciation: At the December 14th meeting, the School Board and School Division were pleased to present a Resolution of Appreciation to Mr. John Baldino ofBluRidge Gniserv upon his retirement as Executive Director. City/County Joint School Board Meeting: The City of Charlottesville and Albemarle County School Boards will plan to meet this spring on alternative services to school children. We will review joint programs underway and discuss additional opportunities to partner on alternative educational services. School Board Meetings: The next regularly scheduled School Board meetings are January 11 and January 25. The January 11 th meeting will be our organizational meeting, with election of officers scheduled. Our January 25th meeting will be a work session on technology applications and opportunities in our school division. We will continue our format of a business meeting on the second Thursday of the month and a work session on the fourth Thursday of the monthly. A third monthly meeting, usually the fourth Monday, will be held as needed for student conduct/discipline issues (January 22nd this month). Additional meetings will be held during January for budget presentations/discussions. Finally, a February joint Board of Supervisors and School Board meeting is being planned. .