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ACTIONS
Board of Supervisors Meeting of February 2, 2005
February 3, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 9:00 a.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis and Debi Moyers .
4. From the Public: Matters Not Listed on the Agenda.
· Former Sheriff Terry Hawkins and Sgt. Dan
Blake, of the Police Department , asked the
Board to consider funding the full cost of health
insurance for retirees. Mr. Tu cker responded
that this issue would be discussed during the
budget work sessions.
5a. Boards and Commissions Certificate of
Appreciation.
· Chairman PRESENTED certificate to Dwight
Colley formally of the Police Department Citizen
Advisory Committee.
5b. Recognition of Juandiego Wade, Community
Service Award.
· Chairman recognized Juan Wade for his
recognition by the Daily Progress as one of “A
Distinguished Dozen” in Charlottesville for his
commitment to the youth.
6.2 Resolution recognizing the Rivanna Rifle and Pistol
Club.
· ADOPTED the attached resolution and
presented to Calvin Dodd.
(Attachment 1)
6.3 Resolution of Intent Requesting Albemarle County
participation in the Virginia Department of
Transportation Residential Traffic Calming
Program.
· ADOPTED the attached resolution.
Clerk : Forward signed resolution to Juan Wade
with copy to David Benish.
(Attachment 2)
6.4 Jarman Lake Road (Grayrock Subdivision) Child at
Play Signs.
· ADOPTED the attached resolution.
Clerk : Forward signed resolution to Tex
Weaver.
(Attachment 3)
6.5 Requested FY 2005 Appropriations.
· APPROVED FY 2005 Appropriations
#2005040, #2005041, and #2005042.
Clerk : Forward signed appropriation forms to
Richard Wiggans, OMB and copy appropriate
individuals.
6.6 Set Public Hearing to consider proposed Ordinance
to amend County Code Chapter 3, Agricultural and
Forestal Districts, regarding membership
appointment and terms of office.
· SET public hearing for March 2, 2005.
Clerk : Advertise and schedule on March 2,
2005 agenda.
7. Board to Board Presentation, School Board
Chairman.
· RECEIVED.
8a. Transportation Matters not Listed on the Agenda.
Jim Utterback:
· As of January 10th, he is VDOT’s Resident
Administrator.
· Reported on weather conditions .
· He is reviewing VDOT’s Monthly Report to look
Clerk: Forward comments to VDOT.
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at ways to condense the information. Ms.
Thomas suggested that the report include road
names along with the route numbers.
· Said he believes VDOT has addressed most of
the requests from the last Board meeting.
David Wyant:
· Suggested VDOT let the public know which
boundaries the VDOT maintenance shops
cover during wintry weather.
· Asked VDOT to look at the location of the
guardrail on Route 810, north of Crozet ,
because people are hitting it as they go around
the cur ve.
· Asked VDOT to follow -up on the water situation
on Lake Albemarle Road.
· Asked who would be reviewing the bridge work
in the next coming weeks for the Old Trail
project.
Sally Thomas:
· Mentioned her previous request for the need for
guardrail on Dry Bridge Road. Mr. Utterback
said he would follow -up.
· Asked that VDOT and the School system
communicate to the public how the conditions
of roads affect the closing of schools. Mr.
Utterback said he has asked VDOT staff to
contact the School system to find out exactly
what they go throug h in making a
determination. Mr. Wyant stated the public
needs information on the treatment of roads
and why certain treatment does not work in all
cases.
Ken Boyd:
· Mentioned two issues he had passed on to
Teresa Butler. One had to do with snow
removal at Forest Lakes and the other was the
Route 20 South guardrail.
· Asked about the timeframe for the Rural Rustic
Roads Projects. He is concerned about Gilbert
Station Road. Mr. Utterback stated Rural
Rustic Roads projects are being prepared for
advertisement. Mr. Boyd asked Mr. Utterback
to provide him with a schedule of dates.
· Asked that the Board get the VDOT monthly
report in the Board packet.
Lindsay Dorrier:
· Asked if VDOT could install reflectors down the
center line of a couple of roads : Route 20
South between Carter’s Bridge and Scottsville;
between Ashlawn Road and Route 53; and on
Route 20 South all the way to Scottsville. Mr.
Utterback stated he would check into the
request.
Dennis Rooker:
· Stated he has three roads that have heavy
traffic and could use reflectors due to
development in the rural areas: Garth Road,
Earlysville Road and Woodlands Road.
Clerk: Forward to Jim Utterback deadlines to
Clerk for Board packets.
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· Asked that he be provided with any update on
the Georgetown Road project.
· Asked for a response on whether the Southern
Parkway qualifies for secondary road funds.
· Asked the staff to send the most recent set of
proffers for North Pointe to Mr. Utterback’s
office so that the Board can get some feedback
on how that development will impact traffic flow
in the area.
· Mentioned calls from the public regarding the
Route 250 Bridge. He asked that VDOT
provide information on the schedule for
completion of the bridge when the public calls.
· Asked if VDOT has been contacted regarding
the traffic impact and potential connections of
the Briarwood rezoni ng. Mr. Utterback said he
will check with his staff.
Elaine Echols: Forward to VDOT.
9. Presentation: Water Supply Alternatives, Tom
Frederick.
· RECEIVED.
· Mr. Rooker asked for more information on the
reasons for eliminating Beaver Creek and Chris
Greene Lake from the options.
· Mr. Wyant asked about sedimentation rate data
for Beaver Cr eek .
Clerk: Forward comments to Tom Frederick.
· The Board recessed at 11:48 a.m. and reconvened
at 11:57 a.m.
10. Commission on Children and Families Annual
Report.
· RECEIVED report .
11. Presentation: Streamwatch Program, John Murphy .
· RECEIVED presentation.
12a. Second Quarter Financial Report.
· ACCEPTED FY 05 Second Quarter Financial
Report.
12b. Updated FY 05/06 revenue projections and budget
guidance.
· ACCEPTED the updated FY 06 General Fund
revenue estimates.
· APPROVED the revised allocation of General
Fund revenues to the Capital Improvement
Program; the revised allocation of the increased
local tax revenues to the Board’s Reserve
Fund, as directed by the Board of Supervisors
at its January 19th work session; and the
additional allocation of new non -property tax
revenues to general government and school
division operations.
OMB: Proceed as directed.
13. Closed Session: Personnel and Legal Matters.
· At 12:50 p.m., the Board went into closed
session to consider appointments to boards and
commissions, to consult with legal counsel and
staff regarding pending litigation relating to a
site plan denial, and to consult with legal
counsel and staff regarding specific matters
requiring legal advice relating to two
interjurisdictional agreements.
14. Certified Close Session.
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· At 2:05 p.m., the Board reconvened into open
session and certified the closed session.
15a. Appointments.
· APPOINTED Lyn Holt to DISC II Committee.
Clerk: Prepare appointment letter, update
Boards and Commission book and notify
appropriate persons.
15b. Proposed Term Limits.
· DEFERRED until March 2, 2005.
Clerk: Incorporate recommended changes and
put on consent agenda.
Clerk: Schedule on March 2nd agenda.
16. Community Development Block Grant Program for
2005.
· SET public hearing for March 16, 2005.
Clerk: Advertise and schedule on March 16th
agenda.
17. CPA 2004-005 Charlottesville-Albemarle Airport
Master Plan.
· ADOPTED CPA-2004 -005, by a vote of 6:0, to
amend the Comp Plan to include by reference,
the update of the Charlot tesville-Albemarle
Airport Master Plan, as set out in language on
Attachments B and C with the following
modification: first page of the Air Travel
Description in Attachment B, 3rd paragraph, add
4th airline, Northwest.
(Attachment 4)
18. ZTA -2004 -0009. Gas or Oil Transmission Line.
· ADOPTED ZTA -2004 -0009, by a vote of 6:0, as
recommended by staff.
Clerk: Forward adopted ordinance to Amelia
McCulley and copy County Attorney’s office.
(Attachment 5)
19. ZMA -2004 -0014. Briarwood (Sign #17).
· APPROVED ZMA-2004-0014, by a vote of 6:0,
as proffered 2/1/05.
· Added the following note to the application plan
“The connection shall be approved and bonded
prior to the issuance of any building permits for
homes in Phase 4”.
· Approved the setback modification to 20 feet.
(Attachment 6)
· The Board recessed at 4:30 p.m. and reconvened
at 4:40 p.m.
20. Audit Committee Report and Annual Financial
Report.
· APPROVED the proposed Charter of the
Albemarle County Audit Committee.
· AC CEPTED the FY 2003-04 Annual Financial
Report.
Clerk: Forward copy to Richard Wiggans and
School Board office.
(Attachment 7)
21. Strategic Plan Quarterly Report.
· RECEIVED.
22. From the Board: Matters Not Listed on the Agenda.
David Wyant:
· Asked Mr. Graham to look into recent problems
with the Inspections process.
· Asked for an update on the tower at Peters
Mountain. Mr. Tucker responded.
· Asked about the status of Brown’s on Rio Road.
Mr. Davis updated the Board.
Sally Thomas:
· She attended a three day conference and will
provide Board members with information.
David Bowerman:
· The American Legion Auxiliary is requesting the
Board of Supervisors to proclaim May 21st as
Blue Star Salute Day in Albemarle County.
Dennis Rooker:
Clerk: Forward comments to Mark Graham.
Clerk: Prepare resolution and put on March 2nd
consent agenda.
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· Suggested the Board adopt a resolution in
recognition of VML’s 100th Anniversary.
· Mentioned a letter he received from a Boy
Scout regarding seat belts on school buses. He
will pass the letter onto the School Board.
· Deferred reappointments of Jefferson Area
Board on Aging.
Larry Davis:
· Requested the Board authorize the County
Executive to execute a Local Government
Guarantee for Rivanna Solid Waste Authority
Post-Closure and Remediation Plans.
APPROVED by a vote of 6:0.
Clerk: Prepare resolution and put on March 2nd
consent agenda.
Clerk: Schedule on March 2nd agenda.
(Attachment 8)
23. Adjourn to February 9, 2005, 3:30 p.m.
· The meeting was adj ourned at 5:55 P.M.
/djm
Attachment 1 – Resolution recognizing the Rivanna Rifle and Pistol Club
Attachment 2 – Resolution of Intent Requesting Albemarle County participation in the Virginia Department
of Transportation Residential Traffic Calming Program
Attachment 3 – Jarman Lake Road (Grayrock Subdivision) Child at Play Signs
Attachment 4 – Attachments B & C of Charlottesville -Albemarle Airport Comprehensive Plan
Attachment 5 – Ordinance to amend Section 3.1, Gas or Oil Transmission Line
Attachment 6 – Briarwood Proffers 2/1/05
Attachment 7 – Proposed Charter of the Albemarle County Audit Committee
Attachment 8 – Local Government Guarantee for Rivanna Solid Waste Authority
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ATTACHMENT 1
On Behalf of the Albemarle County Board of Supervisors and local government, the county would like to
honor and recognize
The Rivanna Rifle and Pistol Club
for their continued support of the Albemarle County Police Department’s firearms training needs.
The Albemarle County Police Department depends on the skill and accuracy of its officers in the use of
their firearms when confronted with life threatening situations.
That skill and accuracy requires significant training and firing range time to allow officers to become
proficient in a variety of situations which may involve the use of a firearm.
For the past ten years, officers of the Albemarle County Police Department have been granted use of the
Rivanna Rifle and Pistol Club in a partnership arrangement that has benefited the Department greatly.
Without the availability of the Rivanna Rifle and Pistol Club, the Department would have had to locate or
construct adequate facilities for their firearms training, which would have incurred significant costs and
created inconvenience for officers attempting to meet their training and certification needs.
It is with great appreciation that the Albemarle County Board of Supervisors, on behalf of our entire
community, commends the Rivanna Rifle and Pistol Club for their generosity and community spirit in
sharing their firing range with County Police Officers. The support and civic mindedness of organizations
like the Rivanna Rifle and Pistol Club truly make our county a better and safer place for all residents.
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ATTACHMENT 2
RESOLUTION REQUESTING VDOT MAKE AVAILABLE THE RESIDENTIAL
TRAFFIC CALMING PROGRAM IN ALBEM ARLE COUNTY
WHEREAS , residents of Albemarle County make requests to the County for traffic calming
measures to help control speeding in neighborhoods and residential subdivisions; and
WHEREAS , the Virginia Department of Transportation has a Residential Traffic Calming
Program to provide communities with a traffic management tool dealing specifically with speeding in
residential neighborhoods; and
WHEREAS, the Virginia Department of Tra nsportation Residential Traffic Calming Program
stipulates that the County take the lead role in the traffic calming process pursuant to the VDOT Traffic
Calming Guide For Local Residential Streets; and
WHEREAS , the Virginia Department of Transportation requires that the Board of Supervisors
adopt a resolution requesting that the VDOT Residential Traffic Calming Program be made available to
the County.
NOW , THEREFORE, BE IT RESOLVED, that the County of Albemarle Board of Supervisors
does hereby request the Virginia Department of Transportation make the Residential Traffic Calming
Program available to the County, and
BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request, pursuant to
Section VI. A. of the Traffic Calming Guide for Local Residential Street , that Albemarle County include the
use of “All Way Stop Controls” as a traffic calming measure; and
FINALLY, BE IT RESOLVED, that the Board of Supervisors does hereby authorize the County
Executive, or his designee, to be the County’s coordinator for traffic calming.
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ATTACHMENT 3
RESOLUTION SUPPORTING RESIDENTS’ REQUEST FOR THE
INSTALLATION OF A “CHILD AT PLAY” SIGN
WHEREAS , the residents of the Grayrock subdivision are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that live in the subdivision;
and
WHEREAS , there is a tot lot located on Jarman Lake Road and the residents believe that a
“Child At Play” sign would help alleviate some of the safety concerns by alerting motorists of the
potential for children to be playing in the area; and
WHEREAS , the Grayrock Homeowners Association has requested the County’s support of the
Association’s request to have VDOT install such signs on Jarman Lake Road.
NOW, THERE F ORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors does
hereby support the community’s request for VDOT to install the necessary “Child At Play” signs on
Jarman Lake Road, and that these signs be located along the segment of Jarman Lake Road between
Jarman’s Gap Road (Rt. 691) and Grayrock Drive.
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ATTACHMENT 4
General Principles for Transportation
Other Transportation Types
Air Travel
The purpose of the Charlottesville -Albemarle Master Plan August 18, 2004 is to provide the
Charlottesville-Albemarle Airport Authority with useful, understandable information and guidance to
develop and maintain a safe and efficient airport. It also provides the Federal Aviation Administration
(FAA) and the Virginia Department of Aviation with information concerning the planned development at
Charlottesville-Albemarle Airport. The Airport Master Plan is a comprehensive planning guide that
ensures the Charlottesville -Albemarle Airport remains a safe, efficient and environmentally sensitive air
transportation facility, while serving the growing needs of air travelers throughout the region.
The Airport has maintained a Master Plan for facility development since 1972. Prior updates include 1982
and 1994. FAA requires an airport to maintain a master plan in order to be eligible to receive grant -in -aid
funding through its airport improvement program. There are no set guidelines from FAA on how often an
airport master plan should be updated. Each master plan includes forecasts of aviation activity that are
applicable for 5, 10 & 20 year periods. Historically, the Charlottesville-Albemarle Airport has conducted
an update every 10 -12 years.
Charlottesville-Albemarle Airport (CHO) is the only commercial service airport in the region (the Louisa
County Industrial Airpark is a general aviation airport). The Charlottesville-Albemarle Airport is located in
northern Albemarle County west of Route 29 at Routes 649 and 606, approximately eight miles north of
Charlottesville. It is both a general aviation and a non -hub, commercial service airport offering 60 daily
non -stop flights to and from Charlotte, Philadelphia, New York/LaGuardia, Washington/Dulles, Cincinnati,
and Atlanta. The airport is served by DeltaConnection, United Express, US Airways Express and
Northwest. Service was initiated at the Airport by Piedmont Airlines in 1955. Since then, the facility has
grown to include a 60,000 square foot terminal facility with modern customer amenities offering on -site
rental cars, ground transportation, and food servi ce. General aviation facilities include an executive
terminal offering a full -service fixed base operation, flight schools, and aircraft charter firms. Significant
increases in the number of passengers departing from the airport on commercial flights have occurred.
The Charlottesville -Albemarle Airport continues to grow, from 65,620 passengers departing on
commercial flights in 1980 to 132,432 in 1990, and serving 163,416 passengers in 2003.
The County is aware of the need to address infrastructure needs which would improve airport operations,
such as public utility and road improvements. Any future land acquisition and development by the
Authority will also need to be coordinated with the County to insure consistency with the Comprehensive
Plan and all ap plicable ordinances, and to minimize negative impacts of expansions.
Recommendations
• The Charlottesville-Albemarle Master Plan - August 18, 2004 is recognized as a guide for
the development Charlottesville -Albemarle Airport. Continue to recognize the Airport
Authority as responsible for the management, planning and expansion of the
Charlottesville-Albemarle Airport facilities. The County and the Airport Authority should
coordinate long -term land use and development plans for the airport area.
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Hollymead Community
- Re-alignment of Route 606 (and Route 743) to meet Federal Aviation Administration (FAA) safety
requirements.
- The Charlottesville-Albemarle Airport and the improvements included in the Charlottesville-
Albemarle Airport Master Plan Update –A ugust 18, 2004. The Master Plan is recognized as the
guide for the development of the Airport.
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ATTACHMENT 5
ORDINANCE NO. 05-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, is hereby amended and reordained as follows:
By Amending:
Sec. 3.1. Definitions.
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions.
. . .
Transmission line, gas or oil: The term “gas or oil transmission line” means: (1) a pipeline that
conveys gas or oil for the purpose of supplying gas or oil to a system including, but not limited to,
the pipelines owned and operated by the City of Charlottesville extending from the Columbia Gas
Transmission System at the Buck Mountain Gate Station to the City of Charlottesville’s Route 29
Substation; or (2) a pipeline that conveys gas or oil, any portion of which is within the rural areas
(RA) zoning district or within a public right -of-way abutting such district, serving as a common
source of supply directly from a system station or substation to: (i) two or more distribution lines
within the County of Albemarle, the City of Charlottesville, or the Town of Scottsville; or (ii) one or
more distribution lines located within a county abutting the County of Albemarle. For purposes of
this definition, the term “distribution line” means a pipeline other than a transmission line serving
as a common source of supply directly from a transmission line to a service line, or a pipeline that
serves as a service line. For purposes of this definition, the term “service line” means a pipeline
other than a transmission line that distributes gas or oil from a common source of supply to an
individual customer, to two adjacent or adjoining residential or small commercial customers, or to
multiple residential or small commercial customers served through a meter header or manifold,
and which ends at the outlet of the customer meter or at the connection to a customer’s piping,
whichever is further downstream, or at the connection to customer piping if there is no meter.
Any nonconforming transmission lines existing on February 2, 2005 shall be deemed to be
distribution lines for the purpose of repair, reconstruction or replacement but not for extension or
enlargement.
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ATTACHMENT 6
Original Proffer ZMA 91 -13
Amended Proffer ZMA 95 -05
(Amendment # 2) (ZMA 2004-014 )
PROFFER FORM
Date: 1/27/2005
ZMA #ZMA 2004-014
Tax Map and Parcel Number(s) 32G-1, 32G -3 -A, 32G -3 -83
123.612 Acres to be rezoned from PRD to PRD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the
property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed
that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning request.
1. Approval is for a maximum of 661 dwellings, exclusive of the Ray Beard lots identified on
the Application Plan, subject to conditions contained herein. The locations and acreages of various land
uses shall be as shown on the approved Application Plan. As part of the final site plan and/or subdivision
plat processes, the aggregate area of established open space shall at all times be at least proportional to
the aggregate number of dwelling units (site plans) or lots (subdivision plats) approved. After each
primary recreation area identified on the Application Plan is established, it shall be conveyed to a
homeowners association whose formation documents shall be reviewed and approved by the County
Attorney. Off street parking and access for the recreation area shall be limited as shown on the original
PRN plan for ZMA 79-32, as referenced on the Briarwood Application Plan most recently revised January
19, 2005 (hereinafter, the “Application Plan”). The means to limit such access shall be addressed as part
of the site plan or subdivision plat review.
2. No grading permit or building permit shall be issued by the County in any phase until the
owner obtains final site plan and/or subdivision plat approval for that phase, with the exception that
necessary permits for the construction of Briarwood Drive may be issued by the County once the owner
obtains VDOT appr oval of the road plans for Briarwood Drive.
3. Critical slopes may be disturbed for the construction of roads only with the prior approval
of the County Engineer. Otherwise, the disturbance of critical slopes is permitted only as authorized by
the applicable Albemarle County Zoning Ordinance regulations as provided by Zoning Ordinance §
8.5.5.2.
4. The owner shall obtain County approval of recreational facilities to include: one tot lot
with Phase 3C and one tot lot with Phase 1B; the dedication of open space with the approval of Phases 4
and 5 for the passive recreational area which shall include the construction of walking/jogging trails; and,
the primary recreation area south of Camelot shall be built or bonded for its construction prior to final plat
approval of Phase 4. This recreational area shall be built prior to completion of Phase 4 and shall consist
of a baseball/multi-purpose field, two half basketball courts, playgroup equipment and picnic facilities. All
recreation facilities shall be installed by the owner. The walking/jogging trails shall be constructed and
maintained by the owner as a primitive path in accordance with the applicable design and construction
standards in the County’s Design Standards Manual.
5. Sidewalks shall be constructed at the time of corresponding road construction along the
southerly side of Austin Drive from Route 29 North to Briarwood Drive and along the westerly side of the
entire length of Briarwood Drive. The sidewalks shall be constructed to VDOT standa rds.
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6. Only those areas where a structure, utilities, pedestrian ways, recreation areas, roads,
and other improvements are to be located, as shown on an approved final site plan or subdivision plat,
shall be disturbed; all other land shall remain in its natural state. This proffer does not apply to individual
residential lots.
7. Lots along Camelot Drive may be developed with townhouse units as shown on the
Application Plan.
8. The unconstructed portion of Briarwood Drive through the commercial areas shown on
the Application Plan shall be built as approved by VDOT and bonded to County.
9. The mix of units permitted in each phase is as follows:
Existing Lot Mix
Phase Type of Dwelling Unit Totals
SFD Duplex Townhouse
1A - 98 - 98
1B - - 53 53
2 - 96 - 96
3 (ABC) - 72 37 109*
4 - 66 - 66
5 - 70 - 70
6 - 30 - 30
7 - 78 - 78
8 32 20 - 52
TOTALS 32 530 90 652
Lots to be added by
Ray Beard Property TM -32 -E-2 4 656
____________________________________________________
Lots to be added in final engineering 5 661
____________________________________________________
Totals 661
*Lots 97 & 98 are included in the Phase 3 total but will be platted at a later date.
Proposed Lot Mix
Phase Type of Dwelling Unit Totals
SFD
Lots
SFA
Lots
Townhouse
Lots
1A 28 - 22 50
1A (Existing
Subphase 1 and
2)
- 48 - 48
1B 15 - 31 46
2 (Existing) - 96 - 96
3, 3A, 3B, 3C
(Existing)
- 70 37 107
4 52 - - 52
5 18 - - 18
6 31 - - 31
7 (Existing) - 78 - 78
8 - - 135 135
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Phase Type of Dwelling Unit Totals
TOTALS 144 292 225 661
10. Landscaping to provide screening shall be provided as required by Albemarle County
Code § 18-32.7.9.8 along the rear of all townhouse units located on double frontage lots.
11. The owner shall provide 25 units of affordable housing (for sale townhouses) with the
construction of Phases 1A (subphases 3 and 4), 1B, and 8 as identified on the Application Plan. The
owner shall convey the responsibility of constructing the affordable units to the subsequent purchaser of
the subject property. The current owner or the subsequent owner shall create units affordable to
households with incomes less than 80% of the area median income such that housing costs consisting of
principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed 30% of the gross
household income. All purchasers of these units shall be approved by the Albemarle County Housing
Office or its designee. The owner/builder shall provide the County or its designee a period of 90 days to
identify and prequalify an eligible purchaser for the affordable units. The 90 day period shall commence
upon written notice from the owner that the units will be available for sale. This notice shall not be given
more than 60 days prior to the anticipated receipt of the certificate of occupancy. If the County or its
designee does not provide a qualified purchaser during this period, the owner shall have the right to sell
the unit(s) without any restriction on sales price or income of purchaser.
For the lands subject to this rezoning, these proffers supersede the proffers accepted by the
Albemarle County Board of Supervisors for ZMA 91-13 and ZMA 95-05.
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ATTACHMENT 7
Albemarle County
Audit Committee Charter
I. Charge:
The Audit Committee is a committee of the Board of Supervisors. Its primary function is to assist the
Board in carrying out its oversight responsibilities by reviewing financial information provided in the
County’s Annual Financial Report, by reviewing any material weaknesses in the County’s system of
internal accounting controls, as reported by the external auditor, and by reviewing the annual audit
process and its results.
II. Membership:
The Audit Committee shall be appointed annually at the first meeting in January by the Board of
Supervisors and be comprised of the following members. Only elected officials will be voting members of
the Audit Committee.
· Two members of the Board of Supervisors
· One member of the School Board (appointed by the School Board)
· County Executive or designee
· Director of Finance
· Superintendent of Schools or designee
III. Responsibilities:
· Recommend the selection, retention or termination of the County’s external auditors.
· Review the overall plan for the audit with the external auditor and County management
· Review the annual financial statements and external audit results with the auditors and County
management.
· Review any material weaknesses in internal accounting controls, as outlined in the auditors’
Management Letter to the County
· Prepare the Audit Committee’s report to the Board of Supervisors.
IV. Operating Procedures:
· The Committee will meet twice a year, or more frequently at the discretion of the Committee, in
conjunction with the County’s external audit process. The Committee may meet more frequently
at the discretion of the Committee to discuss other matters of concern.
· The purpose of the first meeting in June will be to discuss the auditor’s preliminary fieldwork and
review the auditor’s scope of work and scheduling for the upcoming audit. The second meeting,
to be held in December, will focus on the Annual Financial Report, prior to its presentation to the
Board of Supervisors, as well as any issues raised by the external auditor in the Management
Letter.
· The Audit Committee m ay select a Chairperson whose responsibility it will be to preside over the
meetings. With assistance from the Director of Finance, the Chairperson will schedule the
meetings and prepare a written agenda.
· Audit Committee meetings will be public meetings . The meeting agenda for regularly scheduled
meetings shall be posted three days prior to the meeting date. Notice for all meetings shall be
given pursuant to the requirements of the Virginia Freedom of Information Act.
· Agendas and any written material to be reviewed at the meeting will be sent to committee
members prior to the meeting.
· The Director of Finance will assist the Auditor in preparing presentation materials and will prepare
and distribute minutes to Committee members after each meeting.
Approved for Submission to the Board of Supervisors December 2, 2004
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ATTACHMENT 8
LOCAL GOVERNMENT GUARANTEE
Guarantee made this 26th day of February, 2005, by the CITY OF CHARLOTTESVILLE, VIRGNIA and the COUNTY
OF ALBEMARLE, VIRGINIA, each a local gove rnment created under the laws of the state of Virginia (herein referred
to collectively, as “Guarantor”). This guarantee is made on behalf of the RIVANNA SOLID WASTE AUTHORITY (the
“Authority”) of 695 Moores Creek Lane, Charlottesville, Virginia 22902, to the Virginia Department of Environmental
Quality (“Department”), obligee.
Recitals
1. Guarantor meets or exceeds the financial test criteria in 9 VAC 20-70-210 and agrees to comply with the
reporting requirements for guarantors as specified in 9 VAC 20-70-230 of the Financial Assurance Regulations
for Solid Waste Disposal, Treatment and Transfer Facilities (“Regulations”).
2. The Authority owns or operates the following solid waste management facility covered by this guarantee: Ivy
Material Utilization Center, 4576 Dick Woods Road, Charlottesville, Virginia 22903, Solid Waste Facility Permit
Number 125. This guarantee is for the Authority’s post-closure care and corrective action obligations as
incorporated into Solid Waste Facility Permit Number 125, Permit Module Attachment II-1 (Gas Management
Plan), Permit Module Attachment II-2 (Gas Management Plan-Attachment A), Permit Module X (Final Detection
Groundwater Monitoring, Permit Module XI (Assessment Groundwater Monitoring), Permit Module XIII (Post-
Closure Care) and Permit Module XIV (Corrective Action) .
3. “Closure plans” and “post-closure care plans” as used below refer to the plans maintained as required by the
Solid Waste Management Regulations (9 VAC 20-80-10 et seq.) or Vegetative Waste Management and Yard
Waste Composting Regulations (9 VAC 20-101-10 et seq.).
4. For value received from the Authority, Guarantor jointly and severally guarantees to the Department that in the
event that the Authority fails to perform post-closure care or corrective action of the above facility in accordance
with the closure or post-closure care plans and other requirements of the permit whenever required to do so, the
Guarantor shall do so or establish a trust fund as specified in 9 VAC 20-70-150 in the name of the Authority in
the amount of the current cost estimates.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the Guarantor fails
to meet the financial test criteria, Guarantor shall send within 90 days, by certified mail, notice to the director and
to the Authority that he intends to provide alternate financial assurance as specified in Article 4 of Part III of the
Regulations, in the name of the Authority. Within 120 days after the end of such fiscal year, the Guarantor shall
establish such financial assurance unless the Authority has done so.
6. The Guarantor agrees to notify the director by certified mail, of a voluntary or involuntary proceeding under
Title 11 (bankruptcy), U.S. Code, naming Guarantor as debtor, wi thin 10 days after commencement of the
proceeding.
7. Guarantor agrees that within 30 days after being notified by the director of a determination that Guarantor no
longer meets the financial test criteria or that it is disallowed from continuing as a guarantor of closure, post-
closure care, or corrective action, it shall establish alternate financial assurance as specified in Article 4 of Part III
of the Regulations in the name of the Authority unless the Authority has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following:
amendment or modification of the closure or post-closure plan, amendment or modification of the closure or post-
closure plan, amendment or modification of the permit, amendment or modification of the order, the extension or
reduction of the time of performance of the closure or post-closure, or any other modification or alteration of an
obligation of the owner or operator pursuant to the Virginia Solid Waste Management Regulations.
9. Guarantor agrees to remain bound under this guarantee for so long as the Authority shall comply with the
applicable financial assurance requirements of Article 4 of Part III of the Regulations for the above -listed
facilities, except as provided in paragraph 10 of this agreement.
10. Guarantor may terminate this guarantee by sending notice by certified mail to the Director of the Department
of Environmental Quality and to the Authority, provided that this guarantee may not be terminated unless and
until the Authority obtains and the director approves, alternate post-closure or corrective action coverage
complying with the requirements of 9 VAC 20-70-10 et seq.
11. Guarantor agrees that if the Authority fails to provide alternate financial assurance as specified in Article 4 of
Part III of the Regulations, and obtain written approval of such assurance from the director with 90 days after a
notice of cancellation by the Guarantor is received by the director from Guarantor, Guarantor shall provide such
alternate financial assurance in the name of the Authority.
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12. Guarantor expressly waives notice of acceptance of this guarantee by the Department or by the Authority.
Guarantor also expressly waives notice of amendments or modifications of the closure and/or post-closure plan
and of amendments or modifications of the facility permit.
We hereby certify that the wording of this guarantee is identical to the wording specified in 9 VAC 20-70-290 K of the
Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities as such regulations
were constituted on the date shown immediately below, except for the Addendum attached hereto and made a part
hereof.
Effective Date: February 26, 2005
City of Charlottesville
By: ________________________________
Name: Gary B. O’Connell
County of Albemarle
By:_____________________________________
Name: Robert W. Tucker, Jr.
ADDENDUM TO LOCAL GOVERNMENT GUARANTEE
BY THE CITY OF CHARLOTTESVILLE AND
THE COUNTY OF ALBEMARLE
DATED FEBRUARY 26, 2005
Notwiths tanding anything to the contrary contained in Paragraphs 4, 5, 7 and 11 of the attached Local Government
Guarantee (the “Guarantee”) by the City of Charlottesville, Virginia (the “City”) and the County of Albemarle, Virginia
(the “County”) to the Virginia Department of Environmental Quality (the “Department”), and in recognition of the
limitations on the incurrence of debt imposed on local governments under Article VII, Section 10 of the Constitution of
Virginia, to the extent any provision in the Guarantee requires the payment of money to the Department or
performance of an obligation for which funds must be appropriated by the City and/or the County in order to render
such performance, such promise to pay money or appropriate funds for the performance of such obligation is limited
to the “moral obligation” of the City and the County to provide sufficient funds for such payment or performance under
the Guarantee, and is subject to and conditioned upon the actual approval and appropriation of such funds by th e
City Council of the City and the Board of Supervisors of the County, and is subject further to the condition that the
approval and appropriation of any funds by the City and the County pursuant hereto is solely for the fiscal year in
which such appropriation is made, and is further subject to any prohibitions or restrictions imposed by the laws of the
Commonwealth of Virginia.
CITY OF CHARLOTTESVILLE, VIRGINIA
By:_____________________________________
Name: Gary B. O’Connell
Title: City Manager
COUNTY O F ALBEMARLE, VIRGINIA
By:_____________________________________
Name: Robert W. Tucker, Jr.
Title: County Executive
Accepted and Agreed To:
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
By;_____________________________________
Name: Leslie D. Beckwith
Title: Director, Office of Financial Assurance