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
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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.
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. 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
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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)
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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
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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
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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).
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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
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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)
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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.
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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
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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
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(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
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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
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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
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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
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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,
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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.
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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.
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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,
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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 _---
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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
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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.
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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
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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
~<-- :=;~
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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
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/. Service Auth'rity
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Serving . Conserving
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. Charlottesville, Virginia
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.. Comprehensive Annual Financial Report
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. For the Fiscal Year Ended June 30, 2006
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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
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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
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INTRODUCTORY SECTION
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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
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Albemarle County Service Authority
Organizational Chart
Board of Supervisors
Board of Directors
Executive Director
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,Aibemad~; (ounty
Service Auth'ritl
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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
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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
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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.
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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
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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
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FINANCIAL SECTION
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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.
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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
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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
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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.
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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
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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.)
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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. 30
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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
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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:
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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.
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Required Supplementary Information
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. Retirement Plan Schedule of Funding Progress for the Authority
. Last Five Fiscal Years
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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%
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. 36
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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.
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Albemarle County Service Authority
Water and Sewer Rates
Last Ten Fiscal Years
Table 4
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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
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. 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%
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. 41
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Albemarle County Service Authority
Debt Limitations
Table 7
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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
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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
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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
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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
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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
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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
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COMPLIANCE SECTION
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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.
Exhibits
Exhibit A- Approved County of Albemarle Six Year Road Priority List
Exhibit B- Transportation Section of County of Albemarle Strategic Plan
Exhibit C- Proposed County of Albemarle Six Year Road Priority List
Exhibit D- Explanation Sheet
Exhibit E- Abbreviated Priority List
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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
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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.
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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. Tucker
County Administrator
Date
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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
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20
- - Total Maint Budget
........Cumulative Budget
.....o--Cumulative Actual
15
14.37
10
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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
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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
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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:
;( /
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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
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[JOB CLASS CODE: lL12
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[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. County Service Authority)
,
:
OMB- All cash proffers, land Melvin Breeden
Office of dedications (Roxanne White, Assistant
Management & County Executive)
I Budget
VDOT- Any proffer that requires VDOT
Virginia approval and land dedicated for
Department of VDOT ROW.
Transportation Public Roads.
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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? CONTACT ADRIA GRAHAM SCOTT AT THE
COMMISSION ON LOCAL GOVERNMENT (804) 371-8010
Page 2 of 2
4/18/06
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JANUARY 3, 2007
CLOSED SESSION MOTION
I MOVE THAT THE BOARD GO INTO CLOSED SESSION
PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF
VIRGINIA
· UNDER SUBSECTION (1) TO CONSIDER APPOINTMENTS
TO BOARDS, COMMITTEES, AND COMMISSIONS.
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
,--"
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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
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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.
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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.
ATTACHMENTS
Attachment A - Community Development Five Year Work Proqram
Attachment B - Update of Community Development Work Proqram
06.191
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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
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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.
.