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HomeMy WebLinkAbout20070606actions 1 ACTIONS Board of Supervisors Meeting of June 6, 2007 June 7, 2007 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:02 a.m., by the Chairman, Mr. Boyd. All BOS members were present. Also present were Bob Tucker, Larry Davis, Ella Carey and Meagan Hoy. 4. From the Board: Matters Not Listed on the Agenda. Lindsay Dorrier: • Would like to add to a future agenda a discussion of the Eastern Connector. Sally Thomas: • Reported on a trip she and Mr. Dorrier recently went on to Chapel Hill, NC, to tour a development similar to that being proposed for Biscuit Run. • Commented on a recent ride-along on CTS. Discussed the difficulty of getting on and off the bus safely, the need for more bus shelters and the need for additional sidewalk. Dennis Rooker: • Suggested the Board consider allocating some funds from its reserve to urban area aesthetics (trash removal and mowing). • In relation to the Affordable Housing Policy, the idea of a sliding scale was mentioned. He asked when that discussion would take place with the Board. Mr. Davis advised that it would be discussed at the work session with the Planning Commission on June 13th. • Regarding the request to fund ASAP’s proposal, MOVED that the Board set aside $25,000 from its reserve to go toward the study, subject to an approved scope of work, an approved consultant agreement, and matching funds raised by ASAP demonstrating they have adequate funds to complete this component of the study. Motion passed by a vote of 5:1. David Slutzky: • The Agricultural & Forestal District Advisory Committee has started a newsletter that will be distributed on a quarterly basis. • Following a discussion of the land use taxation program, the Board DIRECTED staff to come back with a report on some ideas for validation in participation in the program, look at what other localities have done, and what methodologies might be appropriate, how this might work, and what it would yield it terms of revenue streams. Ken Boyd: • Reminded the Board that Committee Reports have been moved to the end of the agenda. County Executive staff: Schedule Eastern Connector discussion on future agenda. Real Estate Assessor: Proceed as directed. 6. From the Public: Matters not Listed on the Agenda. 2 • Tom Loach, a resident of Crozet, handed to Board members a copy of a FOIA request he made to the County for information regarding the Crozet Master Plan and the population figures for Crozet. • Jackie Lombardo, founder of the local group FACTS, submitted a petition to the Board asking them to adopt non-toxic policies for cleaning and pest control for all public parks, school fields, and buildings, and to also stop the use of pesticides near children. • Barbara Cruickshank supported the petition and ideas submitted by Jackie Lombardo. • Mary Kostichak, President of the Advanced Mills Homeowners Association, expressed support for the construction of a temporary bridge. • Ann Mallek, speaking on behalf of Lisa Harmon, President of the Earlysville Area Residents League, asked the Board to expedite the replacement of the Advances Mills Bridge. Regarding the pesticide petition, she urged the Board to support removal of all pesticides from County schools. She asked the Board to consider purchasing voting machines that have a verified paper trail, instead of buying new machines that will soon be out-of-date. • Tom Olivier, Conversation Chair of the Piedmont Group of the Sierra Club, thanked the Board for supporting ASAP’s proposal. The Sierra Club also supports efforts to remove pesticides from use in Albemarle County schools. • It was the CONSENSUS of the Board to have Pat Mullaney, Director of Parks and Recreation, come back to the next Board meeting with a report on pesticides, herbicides and cleaners on County property. Clerk: Schedule discussion of use of pesticides, herbicides and cleaners on County property on June 13, 2007 agenda. 6.0 FY 2007 Appropriation to Purchase Voting Machines. • APPROVED the purchase of six DRE voting machines in FY 06/07 and APPROVED Appropriation #2007086. Clerk: Forward signed appropriation form to OMB, Registrar’s Office, and Finance. 6.2 Resolutions of Appropriations for the Albemarle County Operating and Capital Budgets for FY 2007/2008. • ADOPTED the Annual Resolutions of Appropriations for FY 2007/08 that allocates a total of $305,409,603 to the various General Government and School Division operating, capital improvement, and debt service accounts for expenditure in FY 2007/08. • ADOPTED the Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing. (Attachments 1 and 2) Clerk: Forward to OMB, Finance and appropriate individuals. 6.3 Avon Court Industrial Access Fund Request • ADOPTED the attached resolution to request industrial access funding and AUTHORIZED (Attachment 3) Clerk: Forward resolution to Susan Stimart and 3 the County Executive to enter into agreements necessary for the Industrial Access Funds and assuring the County is protected from default by the property owner after review and approval of these agreements by the County Attorney. copy County Attorney. 6.4 Approval of Rural Rustic Road Paving Projects. • ADOPTED the attached resolutions designating sections of Bishop Hill Road, Gilbert Station Road and Maxfield Road as Rural Rustic Roads and REQUESTED VDOT to hard surface these road segments as Rural Rustic Road paving projects. (Attachment 4, 5 and 6) Clerk: Forward copy of resolutions to Juandiego Wade, David Benish and County Attorney. 6.5 Road Name Change - Junaina Devonhurst Drive to Devonhurst Drive. • APPROVED the change in the road name from Junaina Devonhurst Drive to Devonhurst Drive and AUTHORIZED staff to coordinate/ implement the change. Tex Weaver: Proceed as approved. 6.6 Revised Petty Cash Resolution. • ADOPTED the attached Resolution to increase the Community Development petty cash fund from $50 to $100 and the Finance petty cash fund from $3,350 to $4,350 and reestablish the existing petty cash funds. (Attachment 7) Clerk: Forward copy of attached resolution to Finance, OMB, Community Development and County Attorney. 6.7 Old Trail Creekside Road Names • APPROVED the changes in the road names as referenced (Mountain Path Drive to Millstream Drive, Mount Vista Lane to Windmere Lane, Mountain Path Terrace to Bradbury Court, and Mountain Path Court to Millburn Court) and AUTHORIZED staff to coordinate/implement the changes. Tex Weaver: Proceed as approved. 6.8 Adopt Resolution authorizing Chairman to sign revised Darden Towe Park Agreement. • ADOPTED the attached resolution authorizing the Chairman to sign the new agreement being recommended by the Darden Towe Park Committee. (Attachment 8) Clerk: Forward resolution to County Attorney’s office. County Attorney’s office: Provide Clerk with copy of fully signed agreement. 6.9 Resolution- Law Enforcement Employees VRS Retirement Option. • PULLED from consent agenda. Clerk: Schedule on future agenda. 6.10 Resolution to accept the Relocation of Route 606 (Old Dickerson Road) in the State Secondary System. • ADOPTED resolution. (Attachment 9) Clerk: Forward signed resolution and AM-4.3 form to Greg Coley. 6.11 Resolution to accept the abandonment of Route 649 (Airport Road) in the State Secondary Road System. • ADOPTED resolution. (Attachment 10) Clerk: Forward signed resolution and AM-4.3 form to Greg Coley. 6.12 Historic Preservation Committee Update. • RECEIVED. The Board asked for copies of the brochures mentioned in the report. Margaret Maliszewski: Provide Board members with brochures. 6.15 Agricultural Exemptions to Erosion and Sediment Control. • CONSENSUS to adopt more stringent regulations in the Water Protection Ordinance. Mark Graham: Discuss this with the Board when changes to the erosion and sediment control regulations are considered later this year. 7 Board to Board, Monthly Communications 4 Report. • RECEIVED. 8a. VDOT Monthly Report. • RECEIVED. 8b. Transportation Matters not Listed on the Agenda. David Slutzky • Asked about the timing sequence of the lights along Route 29. Mr. Sumpter advised that the Regional Operations Office has identified Albemarle County as a top priority during this fiscal year to work on timing issues. • The round-about at the Airport is confusing to the drivers. He believes a sign on the left side of the road that reads “Airport” might help solve the confusion. Mr. Sumpter advised that the Area Traffic Engineer is looking at the entire round-about. • Regarding the Hillsdale Drive safety project, he has been told by VDoT that the idea of having four elevated cross walks is no longer an option. It is a fundamental element of the safety concerns of the related communities. Mr. Sumpter said he will review with VDoT and report back to the Board. • Rio Mills Road, Route 643 heading west from Route 29, is scheduled for re-pavement in the Six Year Road Plan. A property owner along that road is considering reactivating the quarry, which will cause heavy truck traffic. VDoT is aware of the issue, and hopes to partner with the quarry owner to meet the needs of that road way. The Board would like an update on this road periodically. David Wyant: • Coming off of 64 at Yancey Mills going east bound, there is a significant drop off on the inside of the median. VDoT will follow up. Sally Thomas: • Route 633, Cove Garden Road, is paved at each end and not in the middle. A resident that lives just beyond the edge of the hard surface, at 3954 Cove Garden Road, would like it extended a short distance. VDoT will follow up with the request. Lindsay Dorrier: • Confirmed that Route 713 is eligible as a Rural Rustic Road if the Board decides to put it in the Six Year Secondary Road Plan. To place it there now would require reprioritization of the roads on the schedule. It will be considered for next years plan. • Residents on Blacks Lane near Route 795 would like the road to be paved or improved. VDoT will look at the road and confirm if it is eligible or not. Ken Boyd: • At the end of State Farm Boulevard, there is approval for a light, but no funding for it. Mr. Clerk: Forward comments to VDOT. 5 Sumpter advised that this intersection will be looked at in this year’s list of priorities. Alan Sumpter: • The Board ENDORSED the idea of a temporary structure at the Advanced Mills Bridge, and DIRECTED VDoT to begin on the details of accomplishing that. 9. Annual Housing Report. • Due to time constraints, presentation moved to June 13 as part of joint work session with the Planning Commission. Clerk: Schedule on June 13, 2007 agenda. 10. Appeal: SUB-2007-059, Meadows Estates - Vacating Coopers Lane (AKA Terrior Road) – Final. • AUTHORIZED, by a vote of 6:0, the private roads for this subdivision conditioned upon an approval of a landscaping plan by staff substantially in conformance with the plan presented to the Board by the applicant. 11. Natural Heritage Committee Annual Report. • RECEIVED. • CONSENSUS that the Natural Heritage Committee collaborate with staff on its conservation recommendations, including finding funding sources to support work/analysis needs. Scott Clark: Proceed as directed. 12. Ordinance to amend Chapter 2, Administration, of the Albemarle County Code, to amend Section 2-202, Compensation of board of supervisors. • ADOPTED, by a vote of 5:1, the attached ordinance. (Attachment 11) Clerk: Forward copy of adopted ordinance to appropriate individuals along with necessary EAR forms to Human Resources. 13. Ordinance to amend Chapter 1, General Provisions, of the Albemarle County Code, by amending Section 1- 119, Additional court costs. • ADOPTED, by a vote of 6:0, the attached ordinance. (Attachment 12) Clerk: Forward copy of adopted ordinance to Phyllis Stewart, Shelby Marshall, Sheriff Robb and County Attorney’s office. 14. Closed Session. • At 1:04 p.m., the Board went into closed session to consider appointments to Boards, Committees, and Commissions, and to conduct and Administrative evaluation. 15. Certify Closed Session. • At 2:10 p.m., the Board reconvened into open session and certified the closed session. 16. Appointments. • APPOINTED the following individuals to the Pantops Community Advisory Committee: o Robert Bossi; John Crosby; Barbara Elias; Nancy R. Hackman; Charles Harris; Ron Hoffman; Tucker Hurt; Glenna Kennett; Rita Krenz; and Anthony McHale. • APPOINTED Michael Peoples to the Regional Disability Services Board, with said term to expire June 30, 2010. • APPOINTED Will Cockrell to the Thomas Jefferson Water Resources Protection Foundation. • REAPPOINTED William B. Harvey to the Advisory Council on Aging, with said term to Clerk: Prepare appointment/reappointment letters, update Boards and Commissions book, update webpage, and notify appropriate persons. 6 expire May 31, 2009. • REAPPOINTED Ronald Matthews to the Jefferson Area Community Criminal Justice Board, with said term to expire on June 30, 2010. • REAPPOINTED Jacqueline Rice and Anthony Townsend to the Jefferson-Madison Regional Library Board, with said terms to expire on June 30, 2012. • REAPPOINTED Barbara Barrett to the Region Ten Community Services Board, with said term to expire June 30, 2010. • APPOINTED Steven Koleszar, as the School Board representative, to the Audit Committee. 17. Proposed FY 2007 Budget Amendment. • APPROVED the FY 2007 budget amendment in the amount of $7,503,027.82 and APPROVED Appropriations #2007078, #2007079, #2007080, #2007081, #200782, #2007083, #2007084, and #2007085 to provide funds for various local government, school, and capital projects and programs Clerk: Forward copy of signed appropriations to Finance, OMB and appropriate individuals. 18. Wickham Pond Phase Two. • APPROVED amending the Albemarle County Service Authority jurisdictional areas to include Tax Map 56, Parcels 91 and 91B for water and sewer service. • CONSENSUS that requests to amend the ACSA jurisdictional area designation, that are within the designated development areas, and that are consistent with the Comprehensive Plan policies can go directly to public hearing instead of the request first coming to the Board to set the public hearing. 19. SP-2007-003, North Pointe Stream Crossing – Middle Entrance (Signs #40,&74). • APPROVED SP-2007-003, by a vote of 6:0, subject to the 12 conditions recommended by the Planning Commission, with condition #5 amended at the Board meeting. Clerk: Set out conditions of approval. (Attachment 13) 20. ZMA-2006-021, Avemore Commercial Amendment (Sign #80). • APPROVED ZMA-2006-021, by a vote of 6:0, subject to applicant’s proffers, dated May 29, 2007. Clerk: Set out proffers in attachment below. (Attachment 13) 21. SP-2006-044, Avemore Commercial Amendment (Sign #80). • APPROVED SP-2006-044, by a vote of 6:0. 22. SP-2007-002, Farm Worker Housing (Sign #38). • APPROVED SP-2007-002, by a vote of 6:0, subject to the three conditions recommended by the Planning Commission. Clerk: Set out conditions of approval. (Attachment 13) 23. CPA-2005-02, Growth Management Policy Update. • DEFERRED CPA-2005-02, by a vote of 6:0, to July 11, 2007. Clerk: Readvertise public hearing and schedule on agenda. 24. CPA-2007-003, Green Building and Sustainability Amendment. • DEFERRED CPA-2007-003, by a vote of 6:0, Clerk: Schedule on agenda for action. 7 to July 11, 2007. 25. Work Session: Community Development Work Program. • HELD. 26. Places29 Update, Review of Public Process. • HELD discussion. • CONSENSUS to schedule Board work session in August, after Planning Commission review of Chapters 5 and 6. Clerk: Schedule work session on agenda. 27. From the Board: Committee Reports. Lindsay Dorrier: • Reported on a recent trip he and Ms. Thomas took to Chapel Hill, NC, to tour the Meadow Mount development. Sally Thomas: • Reported on her attendance at the Local Government Advisory Committee, on the Chesapeake Bay, in Washington, DC. • Announced that Albemarle County will be hosting six Italian visitors from Prato and Poggio a Caiano on the evening of July 2nd. Board members are invited to attend. July 5th is their last evening and dinner is planned for that evening as well. • The National Association of Counties is holding its annual meeting in Richmond this year. She encouraged Board members to attend some of the sessions. • The Rivanna Water Commission has held several meetings and has adopted a charter. She is the Chair of the Commission. • The Transportation Accountability Commission is supposed to develop measurable objectives to determine if land use and transportation are working together. • JABA was part of a meeting that involved Portland, OR, and several other communities on how to deal with the aging population and how to make this a good place for all generations to live. She has one of the tool kits from that meeting, if anyone is interested in looking at it. • The League of Women Voters is holding its groundwater meeting on June 26th at Ivy Creek Natural Area, Education Center, from 5:00 p.m. to 7:00 p.m. David Swales will be representing the County on the panel discussion. • She attended a program on limited English proficiency and requirements of the County to provide services to individuals regardless of the language. She added that this requirement will gradually have budget impacts. • Asked if Board members want to add to its agenda, a time where it can respond to issues raised by the public under “Other Matters”. CONSENSUS of the Board that the format of the agenda remain as it is. David Wyant: 8 • On June 7th, they will be holding their third meeting on emergency recovery system. • Discussions on Downtown Crozet zoning issues are moving along well. • In June, there will be a dog vaccination clinic at the community center in White Hall. Dennis Rooker: • An item that came out of the recent joint meeting with the School Board during the budget work session was that Albemarle currently does not qualify for the cost to compete. Currently legislation does not include the County. He suggested coordinating with the School Board to include language it in our legislative package. • Suggested the Board look at dedicating some resources towards ongoing urban area aesthetics. Mr. Tucker suggested providing Board members with information on what the County is already doing and then decide what else the Board wants done. David Slutzky: • Added to Mr. Rooker’s comments about setting aside funds for aesthetic cleanup. He specifically mentioned an area on Rio Road where the grass is overgrown. Asked the County Attorney to look at enabling authority to address this issue. Ken Boyd: • Asked to see a quarterly report on outstanding proffers. • Said he would like information on previously encumbered funds that do not show up on any lists. Mr. Foley said the funds will be clarified as part of the CIP review on June 13th. • Provided an update from the Eastern Connector Committee. 28. Adjourn to June 13, 2007, 2:30 p.m. • The meeting was adjourned at 6:25 p.m. /ewc Attachment 1 – Annual Resolutions of Appropriations Attachment 2 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing. Attachment 3 – Resolution - Avon Court Industrial Access Fund Request Attachment 4 – Resolution - Bishop Hill Road as Rural Rustic Road Attachment 5 – Resolution - Gilbert Station Road as Rural Rustic Road Attachment 6 – Resolution - Maxfield Road as Rural Rustic Road Attachment 7 – Revised Petty Cash Resolution Attachment 8 – Resolution - Darden Towe Park Agreement Attachment 9 – Resolution - Relocation of Route 606 (Old Dickerson Road) Attachment 10 – Resolution - abandonment of Route 649 (Airport Road) Attachment 11 – Ordinance – Compensation of board of supervisors Attachment 12 – Ordinance – Additional court costs Attachment 13 – Conditions on Planning items 9 ATTACHMENT 1 BE IT RESOLVED by the Albemarle County Board of Supervisors: Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS: Refunds and Abatements $146,590 Paragraph Two: GENERAL MANAGEMENT AND SUPPORT Board of Supervisors $500,355 County Attorney $849,237 County Executive $1,582,003 Department of Finance $3,914,046 Department of Human Resources $992,574 Department of Information Technology $2,638,330 Voter Registration/ Elections $458,796 $10,935,341 Paragraph Three: JUDICIAL Circuit Court $94,852 Clerk of the Circuit Court $701,674 Commonwealth's Attorney $885,262 General District Court $20,000 Juvenile Court $54,111 Magistrate $5,450 Sheriff's Office $1,979,662 $3,741,011 Paragraph Four: PUBLIC SAFETY Albemarle County Fire/Rescue Department $6,476,437 Department of Police $12,264,040 Emergency Communications Center $2,028,770 Fire/Rescue Credit $42,000 Fire Department Contract (City of Charlottesville) $600,565 Forest Fire Extinguishment $13,216 Thomas Jefferson EMS Council $21,184 Volunteer Fire Departments $1,212,711 Volunteer Rescue Squads $459,842 Building Codes and Inspections $1,216,907 Community Attention Home $57,314 Juvenile Detention Center $1,037,318 Offender Aid and Restoration (OAR)$150,527 Regional Jail Authority $2,812,915 SPCA Contract $189,322 $28,583,068 Paragraph Five: GENERAL SERVICES / PUBLIC WORKS General Services / Public Works $3,814,508 Office of Facilities Development $650,180 $4,464,688 Paragraph Six: HUMAN SERVICES AIDS Support Group $4,719 Arc of the Piedmont Infant Development Program $8,543 Boys and Girls Club $13,483 ANNUAL RESOLUTION OF APPROPRIATIONS OF THE COUNTY OF ALBEMARLE FOR THE FISCAL YEAR ENDING JUNE 30, 2008 A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2008; to prescribe the provisions with respect to the items of appropriation and their payment; and to repeal all previous appropriation ordinances or resolutions that are inconsistent with this resolution to the extent of such inconsistency. SECTION I - GENERAL GOVERNMENT (Fund 1000) That the following sums of money be and the same hereby are appropriated from the GENERAL FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2008: 10 Boys and Girls Club $13,483 BRMC - Latino Lay Health Promoter $5,787 Charlottesville - Albemarle Legal Aid Society (CALAS) $36,900 Charlottesville Free Clinic $9,351 Children, Youth and Family Services (CYFS)$91,864 Commission on Children & Families (CCF)$236,708 Computers4Kids $9,765 FOCUS - Teensight $28,395 Health Department $921,773 JAUNT $704,382 Jefferson Area Board on Aging (JABA)$267,900 Madison House $9,876 Music Resource Center $6,335 Piedmont CASA $8,500 Piedmont Virginia Community College (PVCC)$27,381 Region Ten Community Services $566,276 Sexual Assault Resource Agency (SARA)$23,000 Shelter for Help in Emergency (SHE)$82,082 Urban Vision $26,000 Department of Social Services $11,416,476 Tax Relief for Elderly/Disabled $678,638 United Way -Child Care $102,531 United Way - Centro de Ayuda $12,500 Bright Stars Transfer $706,529 Comprehensive Services Act Transfer $2,494,649 $18,500,343 Paragraph Seven: PARKS, RECREATION AND CULTURE Department of Parks & Recreation $2,326,345 Jefferson-Madison Regional Library $3,041,270 Ash-Lawn Highland $9,773 Literacy Volunteers $25,100 Municipal Band $17,490 Piedmont Council of the Arts $12,206 Save the Fireworks $10,000 Virginia Discovery Museum $11,613 Virginia Festival of the Book $11,500 Virginia Film Festival $15,750 Visitors Bureau $476,181 WHTJ Public Television $5,253 WVPT Public Television $5,253 Zona Latina $3,000 Darden Towe Park Transfer $151,087 $6,121,821 Paragraph Eight: COMMUNITY DEVELOPMENT Albemarle Housing Improvement Program (AHIP) $400,315 Alliance for Community Choice in Transportation $6,500 Central Virginia Small Business Development Center $7,500 Charlottesville Transit Service $666,248 Department of Community Development $5,520,116 Housing Office $838,492 Monticello Area Community Action Agency (MACAA) $186,748 Piedmont Housing Alliance (PHA)$109,035 Planning District Commission (TJPDC)$104,127 Soil and Water Conservation $85,834 Stream Watch $10,400 VPI Extension Service $193,241 $8,128,556 Paragraph Nine: CAPITAL OUTLAYS Transfer to General Government Capital Improvements Fund - Recurring $9,807,664 Transfer to Schools Capital Improvements Fund $1,098,000 Transfer to Storm Water Fund $725,000 $11,630,664 Paragraph Ten: REVENUE SHARING AGREEMENT Revenue Sharing Agreement $13,212,401 11 Paragraph Eleven: OTHER USES OF FUNDS Transfer to General Government Debt Service $1,929,269 Transfer to School Division Debt Service $12,234,074 Transfer to School Fund - Recurring $98,433,401 Health Insurance Reductions Reserve $249,785 Salary Contingency - Merit $223,800 Salary Contingency - Reclassifications $159,500 Board Contingency Reserve $442,904 $113,672,733 Total GENERAL FUND appropriations for the fiscal year ending June 30, 2008: $219,137,216 To be provided as follows: Revenue from Local Sources $188,276,254 Revenue from Local Sources - Transfers $1,364,635 Revenue from the Commonwealth $23,740,643 Revenue from the Federal Government $5,458,463 Revenue from Fund Balance $297,221 Total GENERAL FUND resources available for fiscal year ending June 30, 2008: $219,137,216 Paragraph One: REGULAR SCHOOL FUND Administration, Attendance & Health $10,480,326 Facilities Construction/ Modification $147,600 Facilities Operation/ Maintenance $13,932,761 Instruction $110,368,559 Pupil Transportation Services $9,214,772 Other Uses of Funds $3,806,334 Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2008: $147,950,352 To be provided as follows: Revenue from Local Sources (General Fund Transfer) $98,433,401 Revenue from Other Local Sources $794,339 Revenue from School Fund Balance, Carry-Over, Transfers $1,144,000 Revenue from the Commonwealth $44,960,306 Revenue from the Federal Government $2,618,306 Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2008: $147,950,352 Paragraph One: FOOD SERVICES (Fund 3000) Maintenance/ Operation of School Cafeterias $4,090,341 Summer Feeding $300,000 Total FOOD SERVICES appropriations for fiscal year ending June 30, 2008: $4,390,341 To be provided as follows: Revenue from Local Sources $3,194,331 Revenue from the Commonwealth $54,977 Revenue from the Federal Government $1,141,033 Total FOOD SERVICES resources available for fiscal year ending June 30, 2008: $4,390,341 SECTION II: REGULAR SCHOOL FUND (Fund 2000) SECTION III: OTHER SCHOOL FUNDS That the following sums of money be and the same hereby are appropriated for SCHOOL purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: That the following sums of money be and the same hereby are appropriated for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: 12 Paragraph Two: PRE-SCHOOL SPECIAL EDUCATION FUND (Fund 3205) Special Ed Pre-School Program $67,442 Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal year ending June 30, 2008: $67,442 To be provided as follows: Revenue from the Federal Government $67,442 Total PRE-SCHOOL SPECIAL EDUCATION FUND resources available for fiscal year ending June 30, 2008: $67,442 Paragraph Three: McINTIRE TRUST FUND (Fund 3501) Payment to County Schools $10,000 Total McINTIRE TRUST FUND appropriations for fiscal year ending June 30, 2008: $10,000 To be provided as follows: Revenue from Investments Per Trust $10,000 Total McINTIRE TRUST FUND resources available for fiscal year ending June 30, 2008: $10,000 Paragraph Four: PREP PROGRAM C. B. I. P. Severe (Fund 3201)$1,003,140 E. D. Program (Fund 3202)$828,028 Total PREP PROGRAM appropriations for fiscal year ending June 30, 2008: $1,831,168 To be provided as follows: Revenue from Tuition and Fees $1,831,168 Total PREP PROGRAM resources available for fiscal year ending June 30, 2008: $1,831,168 Paragraph Five: FEDERAL PROGRAMS Adult Education (Fund 3115)$118,418 Carl Perkins (Fund 3207)$161,441 Chapter I (Fund 3101)$1,224,874 Drug Free Schools (Fund 3107)$36,524 Migrant Education (Fund 3101)$103,785 Title II (Fund 3203)$398,890 English Literacy/Civics (Fund 3221)$100,000 Economically Dislocated Workers (Fund 3116)$40,000 Title III (Fund 3215)$109,040 Title V (Fund 3216)$14,098 Reading First (Fund 3302)$160,000 21st Century Grant (Fund 3219)$145,000 Race to GED (Fund 3309)$55,810 Families in Crisis (Fund 3304)$25,000 Total FEDERAL PROGRAMS appropriations for fiscal year ending June 30, 2008: $2,692,880 To be provided as follows: Revenue from Local Sources $45,000 Revenue from Local Sources (Transfer from School Fund) $41,000 Revenue from the Federal Government $2,606,880 Total FEDERAL PROGRAMS resources available for fiscal year June 30, 2008: $2,692,880 Paragraph Six: COMMUNITY EDUCATION FUND (Fund 3300) Community Education $1,623,275 13 Total COMMUNITY EDUCATION FUND appropriations for fiscal year ending June 30, 2008: $1,623,275 To be provided as follows: Revenue from Local Sources (Tuition)$1,623,275 Total COMMUNITY EDUCATION FUND resources available for fiscal year ending June 30, 2008: $1,623,275 Paragraph Seven: SUMMER SCHOOL (Fund 3310) Summer School $557,683 Total SUMMER SCHOOL appropriations for fiscal year ending June 30, 2008: $557,683 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $234,243 Revenue from Local Sources (Tuition)$164,840 Miscellaneous Revenues $8,600 Revenue from the Commonwealth $150,000 Total SUMMER SCHOOL resources available for fiscal year ending June 30, 2008: $557,683 Paragraph Eight: SCHOOL BUS REPLACEMENT (Fund 3905) School Bus Replacement $1,000,000 Total SCHOOL BUS REPLACEMENT appropriations for fiscal year ending June 30, 2008: $1,000,000 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $1,000,000 Total SCHOOL BUS REPLACEMENT resources available for fiscal year ending June 30, 2008: $1,000,000 Paragraph Nine: AIMR SUMMER RENTAL FUND (Fund 3145) AIMR Summer Rental $446,010 Total AIMR SUMMER RENTAL FUND appropriations for fiscal year ending June 30, 2008: $446,010 To be provided as follows: Revenue from Local Sources (rental)$446,010 Total AIMR SUMMER RENTAL FUND resources available for fiscal year ending June 30, 2008: $446,010 Paragraph Ten: INTERNAL SERVICE - VEHICLE MAINTENANCE FUND (Fund 3910) Vehicle Maintenance $762,700 Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2008: $762,700 To be provided as follows: Revenue from Local Sources (Charges)$762,700 Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources available for fiscal year ending June 30, 2008: $762,700 Paragraph Eleven: GENERAL ADULT EDUCATION FUND (Fund 3133) General Adult Education $16,000 Total GENERAL ADULT EDUCATION FUND appropriations for fiscal year ending June 30, 2008: $16,000 14 To be provided as follows: Revenue from Local Sources $6,000 Revenue from the Commonwealth $10,000 Total GENERAL ADULT EDUCATION FUND resources available for fiscal year ending June 30, 2008: $16,000 Paragraph Twelve: DRIVERS SAFETY FUND (Fund 3305) Drivers Safety Fund $365,000 Total DRIVERS SAFETY FUND appropriations for fiscal year ending June 30, 2008: $365,000 To be provided as follows: Revenue from Local Sources (Tuition)$310,000 Revenue from the Commonwealth $55,000 Total DRIVERS SAFETY FUND resources available for fiscal year ending June 30, 2008: $365,000 Paragraph Thirteen: OPEN DOORS FUND (Fund 3306) Open Doors Fund $122,400 Total OPEN DOORS FUND appropriations for fiscal year ending June 30, 2008: $122,400 To be provided as follows: Revenue from Local Sources (Tuition)$120,000 Revenue from Local Sources (Advertisements) $2,400 Total OPEN DOORS FUND resources available for fiscal year ending June 30, 2008: $122,400 Paragraph Fourteen: STATE PROGRAMS Special Education Jail Program (Fund 3212)$133,920 Algebra Readiness (Fund 3152)$38,000 Individualized Student Alternative Education (Fund 3142) $23,576 Project Graduation (Fund 3217)$50,000 Teacher Mentor Program (Fund 3151)$9,586 Total STATE PROGRAMS appropriations for fiscal year ending June 30, 2008: $255,082 To be provided as follows: Revenue from the Commonwealth $255,082 Total STATE PROGRAMS resources available for fiscal year ending June 30, 2008: $255,082 Paragraph Fifteen: AMERICAN HISTORY GRANT (Fund 3158) 1 American History Grant $79,715 Total AMERICAN HISTORY GRANT appropriations for fiscal year ending June 30, 2008: $79,715 To be provided as follows: Revenue from Local Sources $79,715 Total TNE PARTNERSHIP GRANT resources available for fiscal year ending June 30, 2008: $79,715 Paragraph Sixteen: COMPUTER EQUIPMENT REPLACEMENT FUND (Fund 3907) Computer Equipment Replacement Fund $1,000,000 15 Total COMPUTER EQUIPMENT REPLACEMENT FUND appropriations for fiscal year ending June 30, 2008: $1,000,000 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $1,000,000 Total COMPUTER EQUIPMENT REPLACEMENT FUND resources available for fiscal year ending June 30, 2008: $1,000,000 Paragraph Seventeen KLUGE-CLUB YANCEY (Fund 3157) Kluge-Club Yancey $20,000 Total KLUGE-CLUB YANCEY appropriations for fiscal year ending June 30, 2008: $20,000 To be provided as follows: Revenue from Local Sources $20,000 Total KLUGE-CLUB YANCEY resources available for fiscal year ending June 30, 2008: $20,000 Paragraph Eighteen: FOUNDATION FOR EXCELLENCE (Fund 3502) Foundation for Excellence $14,500 Total FOUNDATION FOR EXCELLENCE appropriations for fiscal year ending $14,500 To be provided as follows: Revenue from Local Sources (Miscellaneous)$14,500 Total FOUNDATION FOR EXCELLENCE resources available for fiscal year ending June 30, 2008: $14,500 GRAND TOTAL - OTHER SCHOOL FUNDS $15,254,196 Paragraph One: COMPREHENSIVE SERVICES ACT FUND (Fund 1551) Comprehensive Services Act Program Expenditures $6,843,342 Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year ending June 30, 2008: $6,843,342 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $2,494,649 Revenue from Local Sources (Transfer from School Fund) $1,040,000 Revenue from the Commonwealth $3,308,693 Total COMPREHENSIVE SERVICES ACT resources available for fiscal year ending June 30, 2008: $6,843,342 Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND (Fund 1553) Bright Stars Program $1,043,561 Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for fiscal year ending June 30, 2008: $1,043,561 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $706,529 Revenue from Local Sources (Transfer from School Fund) $87,737 Revenue from the Commonwealth $249,295 Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available for fiscal year ending June 30, 2008: $1,043,561 That the following sums of money be and the same hereby are appropriated for OTHER PROGRAM purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: SECTION IV: OTHER SPECIAL REVENUE FUNDS 16 Paragraph Three: TOWE MEMORIAL PARK FUND (Fund 4200) Darden Towe Memorial Park $235,048 Total TOWE MEMORIAL PARK FUND appropriations for fiscal year ending June 30, 2008: $235,048 To be provided as follows: Revenue from Local Sources (Transfer from the General Fund) $151,087 Revenue from Other Local Sources $83,961 Total TOWE MEMORIAL PARK FUND resources available for fiscal year ending June 30, 2008: $235,048 Paragraph Four: MJ HEALTH GRANT (Fund 1563) MJ Health Grant $5,000 TOTAL MJ HEALTH GRANT appropriations for fiscal year ending June 30, 2008: $5,000 To be provided as follows: Revenue From Local Sources $5,000 Total MJ HEALTH GRANT resources available for fiscal year ending June 30, 2008: $5,000 Paragraph Five: VISITOR CENTER FUND (Fund 9800) Repair and Maintenance $67,734 TOTAL VISITOR CENTER FUND appropriations for fiscal year ending June 30, 2008: $67,734 To be provided as follows: Revenue from Local Sources $67,734 Total VISITOR CENTER FUND resources available for fiscal year ending June 30, 2008: $67,734 Paragraph Six: COURTHOUSE MAINTENANCE FUND (Fund 9150) Transfer to General Government Capital Improvements Fund $31,827 TOTAL COURTHOUSE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2008: $31,827 To be provided as follows: Revenue from Local Sources $31,827 Total COURTHOUSE MAINTENANCE FUND resources available for fiscal year ending June 30, 2008: $31,827 Paragraph Seven: TOURISM FUND (Fund 1810) Tourism Enhancement (Transfer to General Fund) $630,399 Tourism Projects (Transfer to General Government Capital Improvements Fund) $472,101 Total TOURISM FUND appropriations for fiscal year ending June 30, 2008: $1,102,500 To be provided as follows: Revenue from Local Sources $1,102,500 Total TOURISM FUND resources available for fiscal year ending June 30, 2008: $1,102,500 Paragraph Eight: CRIMINAL JUSTICE PROGRAMS FUND (Fund 1520) Criminal Justice Grant Programs $720,698 17 Total CRIMINAL JUSTICE PROGRAMS FUND appropriations for fiscal year ending June 30, 2008: $720,698 To be provided as follows: Revenue from the Commonwealth (Grant)$720,698 Total CRIMINAL JUSTICE PROGRAMS FUND resources available for fiscal year ending June 30, 2008: $720,698 Paragraph Nine: VICTIM-WITNESS GRANT FUND (Fund 1225) Victim-Witness Program $101,128 Total VICTIM-WITNESS GRANT FUND appropriations for fiscal year ending June 30, 2008: $101,128 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $18,279 Revenue from the Commonwealth (Grant)$82,849 Total VICTIM-WITNESS GRANT FUND resources available for fiscal year ending June 30, 2008: $101,128 Paragraph Ten: METRO PLANNING GRANT FUND (Fund 1208) Metropolitan Planning Organization Funding $16,000 Total METRO PLANNING GRANT FUND appropriations for fiscal year ending June 30, 2008: $16,000 To be provided as follows: Revenue from the Federal Government (Grant) $12,800 Revenue from the Commonwealth (Grant)$1,600 Local Funds (Transfer from the General Fund)$1,600 Total METRO PLANNING GRANT FUND resources available for fiscal year ending June 30, 2008: $16,000 Paragraph Eleven: HOUSING ASSISTANCE FUND (Fund 1227) Family Self-Sufficiency Program (Transfer to General Fund) $340,000 Section 8 Housing Assistance Payments $2,613,544 Total HOUSING ASSISTANCE FUND appropriations for fiscal year ending June 30, 2008: $2,953,544 To be provided as follows: Revenue from the Federal Government $2,953,544 Total HOUSING ASSISTANCE FUND resources available for fiscal year ending June 30, 2008: $2,953,544 Paragraph Twelve: VEHICLE REPLACEMENT FUND (Fund 9200) Vehicle Replacement $749,450 Total VEHICLE REPLACEMENT FUND appropriations for fiscal year ending June 30, 2008: $749,450 To be provided as follows: Revenue from Local Sources $724,450 Revenue from Other Local Sources $25,000 Total VEHICLE REPLACEMENT FUND resources available for fiscal year ending June 30, 2008: $749,450 GRAND TOTAL - SPECIAL REVENUE FUNDS $13,869,832 18 Paragraph One: COURTS Court Square Maintenance/Replacement Projects $100,000 J&D Court Maintenance/Replacement Projects $15,000 Old Jail Facility Maintenance $199,000 $314,000 Paragraph Two: PUBLIC SAFETY Hollymead Fire Station $816,000 Pantops Fire Station $499,000 VFD Fire & EMS Apparatus Replacement $1,328,000 Police Patrol Video Cameras $129,000 $2,772,000 Paragraph Three: PUBLIC WORKS County Facilities - Maintenance/Replacement $660,000 Recycling Centers $250,000 Ivy Landfill Remediation $640,000 Keene Landfill Closure $100,000 Health Department HVAC Improvements $35,000 $1,685,000 Paragraph Four: COMMUNITY/NEIGHBORHOOD DEVELOPMENT Neighborhood Implementation Plan Program $100,000 Revenue Sharing Road Program $1,000,000 Sidewalk Construction Program $82,000 Transportation Improvement Program - Local $1,625,000 Transportation Improvement Program - Regional $100,000 Roadway Landscaping Program $24,000 Streetlamp Program $48,000 $2,979,000 Paragraph Five: HUMAN DEVELOPMENT PVCC Roundabout $43,000 Paragraph Six: PARKS, RECREATION & CULTURE County Athletic Field Development $40,000 Paramount Theater $33,000 Greenway Program $50,000 River and Lake Access Improvements $35,000 Preddy Creek Trail Park $198,000 Park Enhancements $79,000 Cale Elementary School Playground Replacement $130,000 Patricia Byrom Forest Preserve Park $200,000 Parks - Maintenance/Replacement $118,000 $883,000 Paragraph Seven: LIBRARIES Central Library Maintenance/Replacement $159,000 Gordon Avenue Library Improvements $4,000 $163,000 Paragraph Eight: TECHNOLOGY AND GIS County Server/Infrastructure Upgrade $345,000 Access Albemarle - IVR and CRM $500,000 New Phone Switch - Courthouse $50,000 $895,000 That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2008: SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010) 19 Paragraph Nine: ACQUISITION OF CONSERVATION EASEMENTS Acquisition of Conservation Easements (ACE) Program $1,627,000 Paragraph Ten: CAPITAL RESERVE Capital Reserve $2,778,592 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2008: $14,139,592 To be provided as follows: Revenue from Local Sources (Tourism Fund Transfer) $472,101 Revenue from Local Sources (General Fund Transfer) $9,807,664 Courthouse Maintenance Funds $31,827 Loan Proceeds $3,628,000 Interest Income $200,000 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2008:$14,139,592 Paragraph One: EDUCATION (SCHOOL DIVISION) ADA Structural Changes $20,000 Administrative Technology $175,000 Wide Area Network Upgrade $400,000 Instructional Technology $450,000 Maintenance/Replacement Projects $8,089,000 State Technology Grant $700,000 Gymnasium HVAC and Lighting Replacement $1,195,000 Greer Elementary School Renovations $840,000 Albemarle High School Addition/Renovation $900,000 Brownsville Elementary Addition $859,000 Vehicle Maintenance Facility Addition $500,000 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2008: $14,128,000 To be provided as follows: Revenue from Local Sources (General Fund Transfer) $1,098,000 Proffers $100,000 Interest Earned $100,000 State Construction Funds $197,000 State Technology Grant $700,000 VPSA Bonds $11,933,000 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2008: $14,128,000 Paragraph One: STORM WATER PROJECTS Storm Water Control Program $725,000 Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2008: $725,000 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $725,000 Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2008: $725,000 That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: That the following sums of money be and the same hereby are appropriated from the STORM WATER CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000) SECTION VII: STORM WATER CAPITAL IMPROVEMENTS FUND (Fund 9100) 20 Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900) Debt Service Payments - School Division $12,234,074 Debt Service Payments - PREP $233,209 Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30, 2008: $12,467,283 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $12,234,074 Revenue from Local Sources (PREP Fees)$233,209 Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June 30, 2008: $12,467,283 Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910) Emergency Services Radio System Lease/Debt Service Payment $826,556 Lease/Purchase Software $41,314 Debt Service Payments - General Government $1,375,891 Bond Issuance Cost $10,000 Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending June 30, 2008: $2,253,761 To be provided as follows: Revenue from Local Sources $283,178 Revenue from Local Sources (Transfer from General Fund) $1,970,583 Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year ending June 30, 2008: $2,253,761 GRAND TOTAL - DEBT SERVICE FUNDS $14,721,044 Appropriations: Section I General Fund $219,137,216 Section II School Fund $147,950,352 Section III Other School Funds $15,254,196 Section IV Other Special Revenue Funds $13,869,832 Section V General Government Capital Improvements Fund $14,139,592 Section VI School Division Capital Improvements Fund $14,128,000 Section VII Storm Water Capital Improvements Fund $725,000 Section VIII Debt Service $14,721,044 $439,925,232 Less Inter-Fund Transfers General Fund to School Fund ($98,903,053) General Fund to Special Revenue Funds ($4,096,594) General Fund to Capital Improvements Funds ($11,630,664) General Fund to Debt Service Funds ($14,204,657) Special Revenue Funds to General Fund ($970,399) Special Revenue Funds to Capital Improvements Funds ($503,928) School Fund to Self-Sustaining Funds ($2,284,361) School Fund to Special Revenue Funds ($1,127,737) School Fund to General Fund ($394,236) Self-Sustaining Funds to School Fund ($400,000) ($134,515,629) That the following sums of money be and the same hereby are appropriated for the function of DEBT SERVICE to be apportioned as follows from the GENERAL GOVERNMENT DEBT SERVICE FUND and the SCHOOL DIVISION DEBT SERVICE FUND for the fiscal year ending June 30, 2008: SECTION VIII: DEBT SERVICE TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I - VIII OF THIS RESOLUTION FOR THE FISCAL YEAR ENDING June 30, 2008 RECAPITULATION: 21 GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $305,409,603 Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND Emergency Communications Center $4,755,645 Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year ending June 30, 2008: $4,755,645 To be provided as follows: Revenue from Local Sources $4,317,931 Revenue from the Commonwealth $424,694 Revenue from the Federal Government $13,020 Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal year ending June 30, 2008: $4,755,645 Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County Purchasing Manual shall not be considered obligations of the County, and the Director of Finance shall not issue any warrants in payment of such obligations. All revenue received by any agency under the control of the Board of Supervisors included or not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for good, materials, supplies, equipment, or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney, and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specifications furnished by the contracting department, bureau, agency, or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Paragraph Two SECTION IX All of the monies appropriated as shown by the contained items in Sections I through VIII are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. The Director of Finance (Richard Wiggans) and Clerk to the Board of Supervisors (Ella W. Carey) are hereby designated as authorized signatories for all bank accounts. Paragraph One SECTION IX: EMERGENCY COMMUNICATIONS CENTER That the following sums of money be and the same hereby are appropriated from the EMERGENCY COMMUNICATIONS CENTER FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2008: BE IT FURTHER RESOLVED THAT the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation resolution. Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional, and proportionate approprations - the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. 22 This resolution shall become effective on July first, two thousand and seven. All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be and the same are hereby repealed. Paragraph Seven Paragraph Five Paragraph Four Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to time to maintain like rates. 23 ATTACHMENT 2 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the Albemarle County Board of Supervisors (the “Borrower”), intends to acquire, construct and equip the items and projects set forth in Exhibit A hereto (collectively, the “Project”); and WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other debt, to pay the costs of the Project in an amount not currently expected to exceed $30,076,274. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. * * * * * * * * * * 24 Exhibit A CAPITAL IMPROVEMENT PROGRAM BONDED PROJECTS FY 2007/08 Schools Amount 1. School Maintenance Projects $7,639,000 2. Gymnasium HVAC and Lighting Replacement $1,195,000 3. Greer Elementary School Renovations $840,000 4. Albemarle High School Addition/Renovations $900,000 5. Brownsville Elementary School Addition $859,000 6. Vehicle Maintenance Facility Addition $500,000 Schools Subtotal $11,933,000 General Fund Amount 1. Hollymead Fire Station Apparatus $816,000 2. Pantops Fire Station Apparatus $499,000 3. Fire Rescue Apparatus $1,328,000 4. County IT Infrastructure/Server Upgrade $345,000 5. Ivy Landfill $640,000 General Fund Subtotal $3,628,000 TOTAL DEBT ISSUE – FY 2007/08 PROJECTS $15,561,000 REAFFIRMATION OF PREVIOUSLY BONDED PROJECTS General Fund Amount 1. Juvenile & Domestic Relations Court Renovations $4,000,000 2. Hollymead Fire Station $5,981,068 3. Pantops Fire Station $2,112,000 4. Ivy Fire Station $1,634,000 5. Public Safety Training Facility $788,206 General Fund Subtotal $14,515,274 TOTAL DEBT ISSUE – ALL PROJECTS $30,076,274 25 ATTACHMENT 3 RESOLUTION BY ALBEMARLE COUNTY TO REQUEST INDUSTRIAL ACCESS FUNDING WHEREAS, the County of Albemarle desires to facilitate the industrial development of property located in the County; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or roadway and will require the construction of a new roadway extension which will connect to Avon Court (Route 1101); and WHEREAS, the County of Albemarle hereby guarantees that the necessary environmental analysis, mitigation and right of way for this extended roadway and utility relocation or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and WHEREAS, in addition to the need for a new roadway extension, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to Avon Court (Route 1101); and WHEREAS, the County of Albemarle hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Industrial, Airport and Rail Access Fund; and WHEREAS, the County of Albemarle acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Industrial, Airport and Rail Access Fund; and WHEREAS, the County of Albemarle hereby guarantees that all ineligible project costs and any other costs not justified by eligible capital outlay will be provided from sources other than those administered by the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT the Albemarle County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide financing from the Industrial, Airport and Rail Access Fund to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT the County of Albemarle hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on Albemarle County Tax Map Parcel Number 07700-00-00-008B0 within five years of the Commonwealth Transportation Board’s allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED THAT the Albemarle County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the Secondary System of Highways. 26 ATTACHMENT 4 RESOLUTION To Pave Bishop Hill Road Using Rural Rustic Road Standards WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 734 (Bishop Hill Road) between Route 795 to Route 1807 should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board’s Six Year Plan for improvements to its secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT’s Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road. BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 27 ATTACHMENT 5 RESOLUTION To Pave Gilbert Station Road Using Rural Rustic Road Standards WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 640 (Gilbert Station Road) between Foxwood Drive to the railroad bridge should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board’s Six Year Plan for improvements to its secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT’s Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 28 ATTACHMENT 6 RESOLUTION To Pave Maxfield Road Using Rural Rustic Road Standards WHEREAS, during the 2002 session of the General Assembly, legislation was passed to revise section 33.1-70.1 of the Code of Virginia, to allow for the improvement and hard surfacing of certain unpaved roads deemed to qualify for and be designated a Rural Rustic Road; and WHEREAS, such roads must be located in low-density development areas and have a minimum of 50 vehicles per day (vpd) but no more than 500 vpd; and WHEREAS, this Board is unaware of pending development that will significantly affect the existing traffic on the road; and WHEREAS, the citizens using this road have been informed that this road may be paved under rural rustic road standards with minimal improvements; and WHEREAS, this Board believes that the segment of Route 647 (Maxfield Road) between Rt. 22 and the end of state maintenance should be designated a Rural Rustic Road because of its qualifying characteristics; and WHEREAS, the road segment aforesaid is in the Board’s Six Year Plan for improvements to its secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby designates and requests VDOT’s Resident Engineer to concur in the aforesaid road segment as a Rural Rustic Road; and BE IT FURTHER RESOLVED, that this Board requests that this road segment be hard surfaced and, to the fullest extent prudent, be improved within the existing rights of ways and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in its current state; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 29 ATTACHMENT 7 RESOLUTION WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on June 7, 2006 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend certain petty cash funds for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia establishes the following petty cash funds: Finance Department $ 4,350.00 Social Services 200.00 Community Development 100.00 Police Department 1,800.00 Sheriff’s Department 100.00 Fire and Rescue 150.00 Fire and Rescue - Monticello Fire Station 250.00 Commonwealth’s Attorney 300.00 Parks & Recreation 100.00 Total $ 7,350.00 30 ATTACHMENT 8 RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO SIGN NEW DARDEN TOWE PARK AGREEMENT WHEREAS, the County of Albemarle and the City of Charlottesville jointly own Darden Towe Park; and WHEREAS, much of the original agreement between the County and City providing for the fair and equitable allocation of responsibility between the two localities for the development, operation and maintenance of the park is over 20 years old and has become outdated; and WHEREAS, the Darden Towe Park Committee reviewed and approved a new agreement to be recommended to the Board of Supervisors and City Council for the future development, operation and maintenance of the park effective July 1, 2007; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes its Chairman to sign the Darden Towe Park Agreement as recommended by the Darden Towe Park Committee. 31 ATTACHMENT 9 R E S O L U T I O N WHEREAS, Old Dickerson Road (Route 606) as described on the attached Additions Form AM- 4.3 dated June 6, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation add Old Dickerson Road (Route 606), due to the developer’s relocation of the roadway, as described on the attached Additions Form AM-4.3 dated June 6, 2007, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * * The road(s) described on Additions Form AM-4.3 are: Abandonment 1) Old Dickerson Road (State Route 606) from Route 743 to .27 miles from the intersection of Route 606, for a length of 0.27 miles. Total Mileage – 0.27 Addition 1) Old Dickerson Road (State Route 606) from Route 743to .38 miles north of Route 743, as shown on plat recorded 06/07/2006, in the office the Clerk of Circuit Court of Albemarle County, in Deed Book 3215, page 206, with a 60-foot right-of-way width, for a length of 0.38 miles. Total Mileage – 0.38 32 ATTACHEMNT 10 R E S O L U T I O N WHEREAS, Airport Road (Route 649) as described on the attached Additions Form AM-4.3 dated June 6, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation add Airport Road (Route 649), due to the developer’s relocation of the roadway, as described on the attached Additions Form AM-4.3 dated June 6, 2007, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * * The road(s) described on Additions Form AM-4.3 are: Abandonment 1) Airport Road (State Route 649) from the intersection of Dickerson Road (Route 606) to .01 miles west of Dickerson Road (Route 606) end of state maintenance, for a length of 0.01 miles. 2) Airport Road (State Route 649) from the intersection of Route 29 to .77 miles west of Route 29 at the intersection of Dickerson Road (Route 606), for a length of 0.77 miles. Total Mileage – 0.78 Addition 1) Airport Road (State Route 649) from the intersection of Route 29 to .46 miles west of intersection of Industrial Drive (Route 882), for a length of 0.46 miles. 2) Airport Road (State Route 649) from .46 miles west of intersection of Industrial Drive (Route 882) to the intersection of Business Park Drive (Route 881), for a length of 0.23 miles. 3) Airport Road (State Route 649) from the intersection of Business Park Drive (Route 881) to the end of the project at round about Dickerson Road (Route 606), for a length of 0.08 miles. 4) Business Park Drive (State Route 881) from the intersection of Deerwood Drive (Route 1501) to the intersection of Airport Road (Route 649), for a length of 0.12 miles. 5) Industrial Park Drive (State Route 882) from the intersection of Airport Road (Route 649) to the end of state maintenance, for a length of 0.10 miles. Total Mileage – 0.99 33 ATTACHMENT 11 ORDINANCE NO. 07-2(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, 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 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be fourteen thousand seventy-one dollars ($14,071.00) for each board member effective July 1, 2007. In addition to the regular salary, the vice- chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98-A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02; Ord. 03- 2(1), 6-4-03; Ord. 04-2(1), 6-2-04; Ord. 05-2(1), 6-1-05, Ord. 06-2(1), 6-7-06; Ord. 07-2(1), 6-6-07) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2007. 34 ATTACHMENT 12 ORDINANCE NO. 07-1(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 1, 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 1, General Provisions, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By Amending: Sec. 1-119 Additional Court Costs CHAPTER 1 GENERAL PROVISIONS Sec. 1-119 Additional court costs. A. A fee of two dollars ($2.00) shall be taxed as additional costs in each criminal, traffic or civil case in the respective district or circuit courts of the county for the purpose of providing for the maintenance, construction or renovation of the courthouse, jail or court-related facilities located in and serving the county and to defray the costs of cooling, heating and electricity in these facilities. The director of finance shall segregate the fees collected pursuant to this section for the purposes designated above. B. A fee of ten dollars ($10.00) shall be taxed as additional costs in each criminal or traffic case in the respective district or circuit courts of the county in which the defendant is convicted of a violation of any statute or ordinance. The fee shall be collected by the clerk of the court in which the case is heard, remitted to the director of finance, and held by the director of finance subject to appropriation by the board of supervisors to the sheriff’s office for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. C. A fee of twenty five ($25.00) shall be taxed as additional costs in each criminal case in the respective district or circuit courts of the county in which the defendant is convicted of a violation of any statute or ordinance and is processed for admission into the regional jail as a result of such conviction. The fee shall be collected by the clerk of the court in which the case is heard, remitted to the director of finance, and held by the director of finance subject to appropriation by the board of supervisors to the sheriff’s office for the funding of costs of processing arrested persons into the regional jail. (Ord. of 8-8-90; Ord. of 8-5-92, Code 1975, § 1-8, 6-17-89; Code 1988, § 1-8 Ord. 98-A(1), 8-5-98; Ord. 02-1(1), 6-5-02; Ord. 07-1(1), 6-6-07) State law reference--Authority for above provisions, Va. Code § 17.1-281; Va. Code § 53.1-120; Va. Code § 15.2- 1613.1. This ordinance shall be effective on and after July 1, 2007. 35 ATTACHMENT 13 CONDITIONS FOR PLANNING ITEMS SP-2007-003, North Pointe Stream Crossing – Middle Entrance (Signs #40,&74). PROPOSAL: Fill in the floodplain of Flat Branch Creek for a road crossing to provide access for the North Pointe development. LOCATION: East Side of Route 29 North (Seminole Trail) across from Northside Drive. TAX MAP/PARCEL: 32-20, 32-23. MAGISTERIAL DISTRICT: Rivanna. 1. The applicant must obtain a map revision, letter of revision, or letter of amendment as required from the Federal Emergency Management Agency (FEMA) and copy the County Engineer on all correspondence, since changes to the floodplain are proposed; 2. County and VDOT approval of the final lane configuration for North Side Drive over the stream crossing with the final road plans; 3. County approval of hydrologic and hydraulic computations for the dam, culvert crossing and channels is required prior to issuance of grading permits; 4. Unless otherwise permitted by the County Engineer, there shall be no disturbance within fifty (50) feet of the stream channel, exclusive of the dam, the culvert under North Side Drive East, and walking trails. (In the Figure 2 above, the grading shown at points 1 and 2 must be eliminated, and where proposed contours are shown closer than fifty (50) feet to the stream, such as at point 3, the grading must be pulled back.); 5. The culvert under North Side Drive shall be an arch culvert which leaves the natural stream channel and banks undisturbed for a minimum width of twenty-four (24) feet. In the case that VDOT does not approve the placement of footings or the arch span under North Side Drive, box culverts may be used, subject to the review and approval of the County Engineer. In this case a minimum of two (2) culverts with one (1) countersunk for base stream flow shall be used, with impacts to the FEMA floodplain equal to or better than for the arch culvert span; 6. County Engineer approval of the following: a. The culvert and embankments for North Side Drive shall encroach a maximum of one hundred ninety (190) feet along the stream channel; b. The dam shall be designed with an emergency spillway (separate from the primary spillway) which will pass the one hundred (100) year storm (base flood) under the road which traverses the dam; and c. The dam shall allow for a continuation of the base flow in the stream. 7. Unless otherwise permitted by the County Engineer, buildings and structural foundations shall be a minimum of twenty (20) feet from the limits of the floodplain. (This is a precautionary measure, anticipating the reaction of owners or tenants to water levels close to buildings, such as proposed in Area 1 in Figure 2.); 8. Army Corp of Engineers, Virginia Department of Environmental Quality, and other necessary state and federal agency approvals must be obtained prior to issuance of grading permits; 9. Natural Resources Manager approval of a stream buffer mitigation plan prior to the issuance of a grading permit prior to placement of any fill in the floodplain, and County approval of an erosion and sediment control plan prior to the issuance of a grading permit for placement of any fill in the floodplain; 10. Design Planner approval of a landscape plan. The landscape plan shall be shown on the road plans and erosion and sediment control plans submitted for North Side Drive. The landscape plan shall include a complete planting schedule keyed to the plan and shall provide the following: a. Existing tree line and proposed tree line to remain, the limits of clearing and grading, and tree protection; b. Provide an informal planting of mixed tree and shrub species and sizes to compensate for removed vegetation, and low-growing plants to stabilize slopes in the areas of proposed grading and tree removal. This planting shall occur regardless of the grading proposal (DDR or KCA) chosen; c. Provide large shade trees on the north and south side of North Side Drive, along the sidewalk and space reserved for the sidewalk, two and one-half (2 ½) inches caliper minimum at planting, forty (40) feet on center, for a minimum distance of four hundred (400) feet from the existing edge of pavement of Route 29 North; and 36 d. Provide large shade trees on the north and south side of North Side Drive, along the sidewalk and space reserved for the sidewalk, two and one-half (2 ½) inches caliper minimum at planting, forty (40) feet on center, for a minimum distance of four hundred (400) feet from the existing edge of pavement of Route 29 North. 11. Design details of the retaining walls, including column cap design, pier design, stone finish, etc. shall be shown on the road plans and are subject to review of the Design Planner; and 12. If the use, structure, or activity for which this special use permit is issued is not commenced within sixty (60) months after the permit is issued, the permit shall be deemed abandoned and the authority granted there under shall thereupon terminate. __________ ZMA-2006-021, Avemore Commercial Amendment (Sign #80). PROPOSAL: Rezone 1/10 acre from R-10 Residential (10 units/acre) to R-15 Residential (15 units/acre) to allow for an addition to the parking area to support Avemore Commercial. LOCATION: a portion of Garnett Center Drive, East of Route 20 North (Stony Point Road), South of Fontana Drive. TAX MAP/PARCEL: TMP 78-B-3-1. MAGISTERIAL DISTRICT: Rivanna. Original Proffer _____ Amended Proffer _X___ (Amendment # __2___) PROFFER FORM Date: 3-13-07, revised 5/29/07 ZMA # 2006-021 Tax Map and Parcel Number(s) 78B-03-1 Original Rezoning ZMA-00-69 and ZMA 00-70 0.167 Acres to be rezoned from R10 to R15 with Special Use 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). See attached “Avemore Proffers” A through K, on Pages 1 - 4 Signature of All Owner Printed Names of Owners Date Avemore Apartments, LP By Avemore Investment Corp., G.P _______________________ John G. Desmond 5/29/07 Avemore, LLC, By Stonehaus, Inc. Manager _______________________ John G. Desmond 5/29/07 Avemore Proffers The applicant’s objective with this development is to provide a compact, high-density residential development with a variety of housing types and environmental and developmental amenities. Facilities for appropriate and complementary professional and retail services will be located within the development. With design features such as sidewalks, a central green, a community clubhouse, walking trails and preservation of open space, the development is intended to be sensitive to the natural characteristics of the site and to the surrounding areas, to provide an improved level of amenities, and to promote economical and efficient land use and appropriate and harmonious physical development, in order to accomplish a design in keeping with the goals and objectives of the County’s Comprehensive 37 Plan. The development will be a premier residential community and will reflect the applicant’s commitment to providing high quality and attractive architectural design. In connection with the applicant’s rezoning application, the following proffers are made: A. The Conceptual Development Plan dated 12/18/06, last revised 4/23/07 (the “Plan”), attached hereto as Exhibit A1, is proffered. All improvements shown on the Plan will be installed upon completion of all phases of construction. The character of the development will be in general accord with the form and character that is suggested by and is compatible with the proposed building elevations attached as the exhibits listed below. Modifications to the elevations shown on the attached exhibits which are either suggested by or required by the Albemarle County Architectural Review Board will be deemed to be in “general accord.” Exhibit B “Shops,” dated 12-15-00 Exhibit C “Apartments,” dated 12-15-00 Exhibit D “Garages,” dated 12-15-00 Exhibit E “Townhomes,” dated 12-15-00 Exhibit F “Clubhouse,” dated 12-15-00 B. Commercial buildings will have two (2) street facades (each with at least one street-level entrance), facing both Fontana Drive and Avemore Lane. C. In satisfaction of the recreation facility requirements set forth in Section 4.16 of the County Zoning Ordinance and in order to better meet the needs of the residents of Avemore, the following amenities are proffered: (1) The Village Green will be surrounded by a hedge. Large variety trees, 2.5 inches in caliper or larger and of a species common to the area, will be located every 40 feet on center between the hedge and the travelway surrounding the Village Green. There will be access points to the Village Green at each of the four corners, each of which will consist of one (1) gateway flanked by two (2) brick corners. The hedge will be at least 24" high at planting, and the gates and brick corners will be approximately 32" high. At least three (3) benches will be provided in the Village Green. The Village Green improvements will be built in conjunction with the construction of the townhouse section phase of the development. (2) In addition to the Village Green, outdoor recreation facilities will consist of at least three (3) tot lots to be placed in the approximate locations shown on the Plan [reference 4.16.2]. (3) The community clubhouse will contain an outdoor swimming pool, indoor fitness center, community room, business center, and leasing and management office for the development. At least two outdoor (2) picnic table and at least two (2) outdoor grills will be provided in the area adjacent to the creek behind the clubhouse. The Director of Planning may determine that substitutions of recreation facilities are in general accord with this proffer and in satisfaction of the minimum requirements of Section 4.16.2.1. D. The applicant agrees to participate in the development of a regional SWM/BMP facility in lieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore development. (1) The regional SWM/BMP facility will be designed and sized to provide a standing pool with a water quality volume equal to approximately 92,100 cubic feet at the approximate location shown on the Plan. (2) The regional SWM/BMP facility meeting the above design requirements shall fulfill the Avemore development’s requirement for stormwater quantity and quality for all portions of the development draining to the facility. Any portion not draining to the facility will have 38 to meet the stormwater quantity and quality requirements by means of a separate stormwater management plan. (3) The regional SWM/BMP facility will be constructed by the applicant, at its initial expense, during the first phase of Avemore construction, and will be completed prior to the issuance of permits for additional phases. (4) The engineering design of the regional SWM/BMP facility will be subject to final engineering and site plan approval by Albemarle County’s Department of Engineering. The Department of Engineering will have the right to reduce the design parameters outlined in this Item D if hydrology characteristics, hydraulic engineering, geotechnical engineering or topographic conditions dictate a modified design. (5) The proffer set forth in this Item D is contingent on the availability of contiguous off-site property and the cooperation of the owners of such off-site property in providing the necessary dedication of such property for the purposes of construction and maintenance of the SWM/BMP facility. The off-site land will be dedicated under terms satisfactory to the applicant and the County prior to issuance of a grading permit for Avemore. (6) In the event that the applicant determines that the regional SWM/BMP facility is not feasible under the terms and conditions outlined in this Item D, the applicant in its sole discretion shall have the right to construct on-site SWM/BMP improvements to satisfy County water quality and water quantity requirements. In such event, the proffers set forth in this Item D shall be null and void. E. Applicant will acquire sufficient right-of-way, as determined by the County of Albemarle Engineer, for a private, urban cross-section connector road that will be constructed to VDOT Mountainous Terrain Standards. Such right-of-way will commence at the round-about/parking area at the northeastern corner of the development, in the general area shown on the Plan as “Reserved for Private Street Connection (24' Pavement Maximum),” and will terminate at Olympia Drive. This right-of-way will be platted prior to approval of a site plan for the Avemore development. In conjunction with the construction of the phase closest to the area shown on the Plan as “Reserved for Private Street Connection,” the applicant will either construct the connector road or bond with the County for the construction of the connector road. This bond will be held until the completion of the connector road; provided, however, that if Olympia Drive is not extended to a point where the connector road can be completed within 15 years, the bond will be returned to the applicant, with interest. F. Upon construction or widening of Fontana Drive, the applicant will construct a four foot (4') wide, concrete sidewalk along Fontana Drive, between Avemore Boulevard and State Route 20. G. Internal walking paths will be five feet (5') wide and will be paved in asphalt. H. Prior to site plan approval for phase 1 of Avemore, the applicant will dedicate to public use an eight foot (8') wide right-of-way for the construction, maintenance and repair of a sidewalk across Wilton Lots 16A, 16B, 17-1, 17-2 and 17-3, along the common boundary of such lots with State Route 20. I. The applicant will provide sufficient right-of-way in the area between Wilton Farm Road and State Route 20 necessary to facilitate the construction of a second left-turn lane from Fontana Drive onto State Route 20, provided that such right-of-way will not create a zoning violation for any existing improvements along the path of such new right-of-way. This right-of-way will be provided at the time the Avemore road plan is approved by Albemarle County. J. The Open Space shown on the plan along the shared common boundary with lots 1 through 10, Fontana, Phase 1, will consist of (i) a forty foot (40') buffer which will not be disturbed during construction and (ii) a seventy foot (70') building set back. 39 K. The applicant will contribute the lesser of (i) 50% of the cost of installing a traffic signal at the intersection of Fontana Drive and State Route 20 or (ii) $50,000, such sum to be applied only to the cost of installing such traffic signal. If the County obtains full funding for such traffic signal from other sources and the applicant is not required to contribute toward the cost of such signal, the applicant agrees that its contribution may be applied instead toward the portion of the Route 20 improvement project in the area between Fontana Drive and U.S. Route 250. Such payment will be made by the applicant at the later to occur of (x) the installation of such traffic signal (or installation of the Route 20 improvements, as the case may be) or (y) the issuance of the first building permit for the Avemore development. This item has been satisfied. __________ SP-2007-002, Farm Worker Housing (Sign #38): PROPOSAL: Farm worker housing facilities including 5 sleeping cabins and 1 kitchen/bath structure for 10 seasonal workers. LOCATION: 571 Coles Rolling Road (Route 712), approximately 1 mile east of the intersection with Route 713. TAX MAP/PARCEL: Tax Map 122 Parcel 10. MAGISTERIAL DISTRICT: Scottsville. 1. The improvements proposed under SP-2007-00002 and the scale and location of the improvements shall be developed in general accord with the conceptual plan entitled “Conceptual Plan for SP 2007-032” (including the attached sheet titled “Conceptual plan for farm worker housing”), revised March 23, 2007, and initialed “SMC”; 2. Parking spaces shall be delineated by bumper blocks. Bumper blocks shall be constructed of a durable material such as concrete or treated timbers. Each bumper block shall be a minimum length of six (6) feet, a maximum height of five (5) inches, and shall be securely anchored into the ground in at least two (2) places; and 3. The parking area shall be surfaced with gravel. A minimum depth of six (6) inches of #57 or #21A stone shall be used to surface the entire parking area.