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ACTIONS
Board of Supervisors Meeting of May 7, 2008
May 9, 2008
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, Mark Graham, Wayne Cilimberg, Ella
Jordan and Meagan Hoy.
4a.
4b.
4c.
4d.
Recognition: Proclamation recognizing May 18-24,
2008 as Emergency Medical Services Week.
• Chairman read and presented Proclamation to
Dan Eggleston.
Recognition: Proclamation recognizing May 11-17,
2008 as National Police Memorial Week.
• Chairman explained that this proclamation
would be presented at the Police Memorial
Ceremony next week.
Recognition: Proclamation recognizing May 2008
as Historic Preservation Month.
• Chairman read and presented Proclamation to
Steven Meeks, member of the Historic
Preservation Committee.
Dan Eggleston – Harvard University’s Senior
Executives in State and Local Government
Program.
• Chairman recognized Chief Eggleston for his
accomplishment.
(Attachment 1)
(Attachment 2)
(Attachment 3)
5. From the Board: Matters Not Listed on the
Agenda.
Sally Thomas:
• The Board received information from VML
regarding changes in legislation that will go
into effect July 1st. Mr. Davis said that a
summary is being prepared to go to the Board
next month.
• Last night (May 6th) at City Hall she
participated on the panel that discussed the
water supply plan. She provided an update on
the dredging discussion. The Board asked that
this item be scheduled as an agenda item at a
future date.
• Steven Meeks of the Albemarle Historical
Society/Historic Preservation Committee is
looking at options for use of the Old County
Jail Building.
Dennis Rooker:
• At the recent PACC meeting, Butch Davies
was present to talk about transportation and
rail crossings. He provided an overview of Mr.
Davies information and asked that the Board
schedule a work session on all aspects of Rail.
• Recommended the Board support funding for
the Northwest Virginia Health Systems
Agency, and asked that staff bring to the Board
Larry Davis: Provide information.
Clerk: Schedule on agenda when ready to
come forward.
Clerk: Schedule on agenda when ready to
come forward.
Brenda Neitz/Laura Vinzant: Bring forward to
Board.
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an appropriation.
• In the December VML update, there was
mention of a 2007 mandates assessment
catalogue. He would like to get a copy for the
Board Office.
• He received a letter from David Bailey and
Associates regarding the “adopt a school
program”. He suggested that either the Board
or School Board provide support to the
program.
Ann Mallek:
• Would like to see the school zone around
Broadus Wood Elementary School in
Earlysville be lengthened and the speed limit
reduced.
• Inquired about the status of a report on the
use of chemicals in the schools and on the
playing fields. Mr. Slutzky stated that this
report will be presented to the Board on June
4th.
Ken Boyd:
• He attended the VACo Legislative Agenda
Meeting, and the big topic was transportation
funding.
Clerk: Proceed as requested.
6. From the Public: Matters Not Listed on the
Agenda.
• Fran Lawrence with the Lewis and Clark
Exploratory Center gave an update on the
Darden Towe Park temporary center.
• Paul Accad spoke about the Land Use
Taxation Program.
• Steven Meeks spoke about the preservation of
Hatton Ferry, and said he would love to work
with the County on the preservation of the Old
County Jail.
• David Blount, of TJPDC, invited Board
members to the UnJAM 2035 Regional
Summit, May 10th, 8:30 a.m. till noon, at
Monticello High School.
• Jeff Werner, of PEC, urged the Board to clarify
the Rail Resolution that is on the consent
agenda (Item 7.9).
7.2 McIntire Road Skate park Renovation.
• APPROVED, by a vote of 6:0, the 50 percent
cost share of the McIntire Skate park
renovation in the amount of $93,500 as
outlined by staff.
Pat Mullaney: Proceed as approved.
7.3 Acquisition of Conservation Easements (ACE)
Ranking Order for FY 2007-08 Applicant Class.
• APPROVED, by a vote of 6:0, the final ranking
order for Round 8 (FY 2007-08) as shown on
Attachment A (attached to executive summary)
and identify the Anderson, Garnett, Hudson
(Michael), Riddervold, Dutnell, Hudson (Fred)
and Thurman properties as those on which it
seeks to purchase conservation easements;
and
• AUTHORIZED, by a vote of 6:0, appraisals for
Ches Goodall/David Benish: Proceed as
approved.
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the Anderson, Garnett, Hudson (Michael),
Riddervold, Dutnell, Hudson (Fred) and
Thurman properties.
7.4 Requested FY 2008 Appropriations.
• APPROVED, by a vote of 6:0, budget
amendment in the amount of $254,640.51 and
APPROVED FY 2008 Appropriations
#2008060, #2008061, #2008062, #2008064,
#2008065, and #2008066.
• REQUESTED the Sheriff provide an update on
game enforcement.
Clerk: Forward copy of signed appropriation
form to OMB, Finance and appropriate
individuals.
Clerk: Schedule on agenda.
7.5 Appointment of Howard G. Lagomarsino as an
Assistant Fire Marshal.
• ADOPTED, by a vote of 6:0, Resolution
appointing Howard G. Lagomarsino, Jr. as an
Assistant Fire Marshal with full police powers
as authorized in Virginia Code §§ 27-34.2:1
and 27-36.
Clerk: Forward copy of resolution to James
Baber, Fire/Rescue. (Attachment 4)
7.6 Habit for Humanity Southwood Clean Up Project.
• APPROVED, by a vote of 6:0, donation to
Habitat for Humanity not to exceed $3,000.00
to pay for tipping fees associated with the
Comcast Cares Clean up Day on May 3.
Lee Catlin/George Shadman: Proceed as
approved.
7.7 Rural Rustic Roads Paving Projects.
• ADOPTED, by a vote of 6:0, Resolutions
designating both sections of Walnut Level
Road, Old Green Mountain Road, and Estes
Ridge Road as Rural Rustic Roads and
REQUESTED VDOT to hard surface these
road segments as Rural Rustic Road paving
projects. SUPPORTED staff’s recommenda-
tion to not pave Red Hill Road at this time, that
staff will further evaluate the need for this
project and provide additional comments to the
Board.
Clerk: Forward copy of signed resolutions to
Juan Wade and David Benish.
(Attachments 5, 6, 7 and 8)
Juan Wade/David Benish: Proceed as
approved.
7.8 Revised Historic Preservation Committee Rules of
Procedure Regarding Membership.
• APPROVED, by a vote of 6:0, revised Rules of
Procedure.
Clerk: Forward copy to Margaret Maliszewski
and update Boards and Commissions
information. (Attachment 9)
7.9 State Rail Plan Resolution.
• ADOPTED, by a vote of 6:0, Resolution as
amended at the Board Meeting.
Clerk: Forward copy to Meredith Richards,
Matthew Tucker and Juan Wade. (Attachment
10)
7.10 FY 2008/2009 Resolution of Appropriations.
• APPROVED, by a vote of 6:0, the Annual
Resolution of Appropriations for FY 08/09 that
allocates a total of $333,715,685 to the various
General Government and School Division
operating, capital improvement, and debt
service accounts for expenditure in FY 08/09.
• ADOPTED, by a vote of 6:0, the Resolution of
Official Intent to Reimburse Expenditures with
Proceeds of a Borrowing.
Clerk: Forward copy of resolutions to Finance
and School Division. (Attachments 11 and 12)
8. Request to change name of Industrial Develop-
ment Authority to Economic Development
Authority.
• SET, by a vote of 6:0, public hearing for June
4th, to consider an ordinance to change the
name of the Industrial Development Authority
Clerk: Advertise public hearing.
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of Albemarle County to Economic
Development Authority of Albemarle County.
9. Formation of Crozet Library Steering Committee.
• APPROVED, by a vote of 6:0, the formation
and charge of the Crozet Library Steering
Committee. APPOINTED Ann Mallek and
Sally Thomas as Board representatives, and
Bill Letteri as Chair of the Committee.
Clerk: Update Boards and Commissions book
and webpage. Forward copy of charge to Lee
Catlin and Bill Letteri. (Attachment 13)
10. Local Government Resource Management.
• APPROVED, by a vote of 6:0, that staff
proceed with funding an external entity to
evaluate local government’s resource
management, with the study limited to the
scope described in the executive summary,
specifically item 1 on page #3 which reads:
“A one-time general overview of all County
operations: Such a one-time study would
closely resemble the school division’s 2007
Resource Utilization Study by broadly
examining how the County utilizes its
dollars, people and facilities to achieve
results. This type of review would best
capture improvements or savings
associated with inter-departmental
processes and costs. However, because of
the broad nature of this study and the
County’s wide range of provided services,
this type of review will likely not examine
detailed department specific processes,
though it may assist in identifying
departments that could benefit the most
from an external evaluation conducted
exclusively within a department or function.
Finally, it is worth noting such a study is
unlikely to be completed as quickly as the
school division's review, again due to the
County’s more diverse mission and group of
departments.”
As well as the paragraph which reads:
“In considering a study’s purpose or how it
should be completed, it is important to note
that in staff’s review of other external
evaluations, none were conducted where
“efficiency” was the sole purpose. While
“efficiency” certainly is examined, it is not
done in isolation of management practices
and effectiveness, both of which are critical
components of being a good organization.”
Tom Foley: Proceed as directed and bring
scope back to Board for their final approval.
11. Regulating the number of adult dogs allowed per
dwelling in residential zoning districts.
• ADOPTED, by a vote of 6:0, Resolution of
Intent, as modified at Board meeting.
Clerk: Forward resolution to Wayne Cilimberg
and Mark Graham. (Attachment 14)
12. Set public hearing to consider proposed ordinance
which addresses animal noises.
• SET, by a vote of 6:0, public hearing for June
11, 2008.
Clerk: Advertise and schedule on agenda for
June 11, 2008.
13. Closed Meeting.
• At 12:24 p.m. the Board went into closed
5
meeting to consider appointments to boards,
committees, and commissions; to conduct an
administrative evaluation, and to discuss with
legal counsel and staff specific legal matters
regarding an agreement related to emergency
services.
14. Certified Closed Meeting.
• At 2:14 p.m., the Board reconvened into open
session and certified the closed meeting.
15. Boards and Commissions: Appointments.
• APPOINTED Nancy Virginia Bain, Jon
Mikalson, William Schrader, and Kelly
Strickland to the Crozet Community Advisory
Council with said terms to expire March 31,
2010.
• APPOINTED Christopher Dumler to the Fire
Prevention Code of Appeals with said term to
expire November 21, 2012.
• APPOINTED Michael Peoples, as the AHIP
Representative, to the Housing Committee, to
fill an unexpired term which will expire
December 31, 2008.
• APPOINTED Andrew Dracopoli, Daniel
Goodall, and Cal Morris (Planning Commission
Member) to the Pantops Community Advisory
Council.
• APPOINTED Margaret DeMallie to the Route
250 West Task Force to fill an unexpired term
which will expire September 5, 2009.
• REAPPOINTED Clyde Gouldman to the
Region Ten Community Services Board with
said term to expire June 30, 2011.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
16a. VDOT Monthly Report/Advance Mills Bridge
Update.
• RECEIVED.
• Austin Schuler, an 8th grade student from Jack
Jouett Middle School, discussed a school
project he prepared in which he addressed the
need for better detour signs for the Advance
Mills Bridge.
• Allan Sumpter said VDOT will be placing signs
indicating “alternate routes” as opposed to
“detours”. He indicated that everything is
currently on schedule with an anticipated July
8th public hearing, 5:00 p.m. – 7:00 p.m., at the
Best Western on Route 29, in Greene County.
• Announced that Darin Simpson took a position
with Regional Traffic Operations. Introduced
Christopher Byington as the newly hired
Assistant Residency Administrator.
16b. Transportation Matters not Listed on the Agenda.
Dennis Rooker:
• Asked if the safety improvement project on
Route 29 at the Post Office is still on schedule.
Joel Denunzio stated that the work is expected
to begin the week of May 19, 2008.
David Slutzky:
• Thanked VDOT for a job well-done on the
Clerk: Forward comments to Sue Kennedy
and Allan Sumpter.
6
safety improvements on Hillsdale.
Sally Thomas:
• Thanked VDOT for its work on Stribling
Avenue, and for the traffic calming work in
Batesville.
• Thanked VDOT for its creating thinking in
moving forward with the Reservoir Road
project.
David Benish:
• Provided an updated on the Luck Stone Route
250/Route 22 project. The project is
proceeding forward and Luck Stone is no
longer requesting additional funding from the
County.
17. PROJECT: SP-2007-064. Camp Watermarks
(Sign #29).
• APPROVED, by a vote of 6:0, SP-2007-064
subject to the 14 conditions recommended.
Clerk: Set out conditions of approval.
(Attachment 15)
18. PROJECT: SP-2007-065. Herring Property -
Verizon Wireless PSWF (Signs #30&72).
• APPROVED, by a vote of 6:0, SP-2007-065
subject to the six conditions recommended.
• APPROVED, by a vote of 6:0, waiver of
Section 4.2.5, the disturbance of critical slopes
for SP-2007-065.
Clerk: Set out conditions of approval.
(Attachment 15)
19. PROJECT: ZMA-2007-025. Wavertree Hall LLC
(Signs #104&105).
• APPROVED, by a vote of 6:0, ZMA-2007-025
subject to the applicant’s proffers dated March
26, 2008.
Clerk: Set out proffers. (Attachment 16)
20. PROJECT: ZTA-2007-006. Monticello Historic
District (MHD) - Monticello Scholar Residence.
• ADOPTED, by a vote of 6:0, Ordinance 08-18(
) approving ZTA-2007-006.
Clerk: Forward signed copy of ordinance to
Community Development and County
Attorney’s office. Set out adopted ordinance.
(Attachment 17)
21. PROJECT: ZMA-2007-023. Montalto (Signs
#87&90).
• APPROVED, by a vote of 6:0, ZMA-2007-023
subject to the applicant’s proffers dated April
21, 2008.
Clerk: Set out proffers. (Attachment 18)
22. WPTA-2008-001. Water Protection Ordinance;
stream crossings for roads, streets and
driveways; mitigation plans.
• ADOPTED, by a vote of 6:0, Ordinance 08-
17(2) approving WPTA-2008-001.
Clerk: Forward signed copy of ordinance to
Community Development and County
Attorney’s office. Set out adopted ordinance.
(Attachment 19)
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ann Mallek:
• Asked when the cell tower work session is
scheduled. Mr. Cilimberg responded that the
Planning Commission is holding a work
session on May 13, 2008 as part of its regular
meeting.
Sally Thomas:
• Suggested the Board recognize and thank the
members of the Mountain Overlay District
Committee for their work.
Bob Tucker:
• This morning Mr. Rooker mentioned an
Clerk: Prepare Certificate of Appreciation for
Committee members.
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appropriation for the Northwest Virginia Health
Systems Agency. The amount is $4,723. To
date the City has not funded their request. He
asked if Board members want to fund the
request subject to City funding or staff bring
forward an appropriation.
24. Adjourn to May 14, 2008, 3:30 p.m.
• The meeting was adjourned at 4:39 p.m. to
May 14, 2008, 3:30 p.m.
ewj/mrh
Attachment 1 – Proclamation recognizing May 18-24, 2008 as Emergency Medical Services Week
Attachment 2 – Proclamation recognizing May 11-17, 2008 as National Police Memorial Week.
Attachment 3 – Proclamation recognizing May 2008 as Historic Preservation Month
Attachment 4 – Resolution appointing Howard G. Lagomarsino, Jr. as an Assistant Fire Marshal
Attachment 5 – Walnut Level Road (Rt. 668) Resolution
Attachment 6 – Walnut Level Road (Rt. 765) Resolution
Attachment 7 – Old Green Mountain Road (Rt. 722) Resolution
Attachment 8 – Estes Ridge Road (Rt. 806) Resolution
Attachment 9 – Historic Preservation Committee Rules of Procedures
Attachment 10 – State Rail Resolution
Attachment 11 – Resolution of Appropriations
Attachment 12 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing
Attachment 13 – Crozet Library Steering Committee Charge
Attachment 14 – Resolution of Intent regulating the number of adult dogs allowed per dwelling in
residential zoning districts
Attachment 15 – Conditions of Approval on Planning items
Attachment 16 – Proffers – ZMA-2007-025 Wavertree Hall LLC
Attachment 17 – Ordinance No. 08-18(2) ZTA-2007-06 Monticello Historic District
Attachment 18 – Proffers – ZMA-2007-23 Montalto
Attachment 19 – Ordinance No. 08-17( ) WPTA-2008-001
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ATTACHMENT 1
EMERGENCY MEDICAL SERVICES WEEK
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to
those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of communications officers, emergency
medical technicians, firefighters, law enforcement officers, educators, administrators,
emergency physicians and nurses, and others; and
WHEREAS, the members of emergency medical services teams, career and volunteer, engage in thousands
of hours of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of EMS providers by
designating Emergency Medical Services Week; now
NOW THEREFORE, BE IT RESOLVED that I, Kenneth C. Boyd, Chairman on behalf of the Albemarle
County Board of Supervisors, do hereby proclaim
May 18-24, 2008
as
Emergency Medical Services Week
with the theme
“EMS: Your Life is Our Mission”
in Albemarle County, Virginia, and encourage the community to observe this week with
appropriate programs, ceremonies, and activities.
9
ATTACHMENT 2
NATIONAL POLICE MEMORIAL WEEK
WHEREAS, May 15 of each year was proclaimed "Police Officer's Memorial Day" by President John F.
Kennedy on October 1, 1962, in honor of those peace officers who, through their courageous
deeds, have lost their lives or become disabled in the performance of duty; and
WHEREAS, the calendar week in which it falls was proclaimed “Police Week” in recognition of the service
given by the men and women who night and day protect the citizens through enforcement of
our laws; and
WHEREAS, these days of increasing fear, rising crime, reckless acts of violence, recall to our minds President
Kennedy's words of praise for these officers as "truly men and women of courage, judgment
and dedication;" and
WHEREAS, we share his sentiments and agree that it is time to remind the public of the day-by-day heroism of
our officers, both those on active duty and those who have given their lives in the line of duty;
NOW, THEREFORE, I, Kenneth C. Boyd, Chairman on behalf of the Albemarle Board of County Supervisors, do
hereby declare and set aside the week of
May 11 through May 17, 2008, as
NATIONAL POLICE MEMORIAL WEEK
and call upon all citizens to recognize the significant efforts and accomplishments of these
officers.
10
ATTACHMENT 3
HISTORIC PRESERVATION MONTH
WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods,
fostering local pride and maintaining community character while enhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural,
and for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by
dedicated individuals in helping to preserve the tangible aspects of the heritage that has
shaped us as a people; and
WHEREAS, "This Place Matters" is the theme for National Preservation Month 2008, co-sponsored by the
County of Albemarle, the Commonwealth of Virginia, and the National Trust for Historic
Preservation;
NOW, THEREFORE, We, the Albemarle County Board of Supervisors, do proclaim
May 2008 as Historic Preservation Month,
and call upon the people of the County of Albemarle to join their fellow citizens across
the Unites States in recognizing and participating in this special observance.
11
ATTACHMENT 4
RESOLUTION TO APPOINT ASSISTANT FIRE MARSHAL
WHEREAS, Virginia Code § 27-36 provides that the governing body of a county may appoint one or
more assistants, who, in the absence of the fire marshal, shall have the powers and perform the duties of the
fire marshal; and
WHEREAS, Virginia Code § 27-34.2:1 provides that the governing body of a county may authorize an
assistant fire marshal to have the same police powers as a sheriff, police officer or law-enforcement officers;
and
WHEREAS, the appointment of Howard G. Lagomarsino, Jr. as an assistant fire marshal with police
powers will promote the efficient and effective operation of the County of Albemarle Department of Fire and
Rescue.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
appoints Howard G. Lagomarsino, Jr. as an Assistant Fire Marshal pursuant to Virginia Code § 27-36; and
BE IT FURTHER RESOLVED, that he be authorized to have the same powers as a sheriff, police
officer or law-enforcement officer pursuant to Virginia Code § 27-34.2:1.
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ATTACHMENT 5
RESOLUTION
TO PAVE WALNUT LEVAL ROAD BETWEEN ROUTE 765 AND ROUTE 810
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 668 (Walnut Level Road) between Route
765 to Route 810 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.
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ATTACHMENT 6
RESOLUTION
TO PAVE WALNUT LEVEL ROAD BETWEEN ROUTE 668 TO END OF STATE MAINTENANCE 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 765 (Walnut Level Road) between Route
668 to 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.
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ATTACHMENT 7
RESOLUTION
TO PAVE OLD GREEN MOUNTAIN 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 722 (Old Green Mountain Road) between
Route 6 to Route 723 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.
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ATTACHMENT 8
RESOLUTION
TO PAVE ESTES RIDGE 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 806 (Estes Ridge Road) between Route
663 to 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.
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ATTACHMENT 9
ALBEMARLE COUNTY HISTORIC PRESERVATION COMMITTEE
RULES OF PROCEDURE
1. Officers and Membership
A. Chairman. At its annual meeting, the Committee shall elect a Chairman who, if present, shall
preside at the meeting and at all other meetings during the year for which elected.
B. Vice-Chairman. At its annual meeting, the Committee shall elect a Vice-Chairman, who, if
present, shall preside at meetings in the absence of the Chairman and shall discharge the
duties of the Chairman during his absence or disability.
C. Secretary. At its annual meeting, the Committee shall elect a Secretary, who, if present, shall
record the proceedings of the meeting.
D. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but
either or both may be re-elected for one or more additional terms.
E. Absence of Chairman and Vice-Chairman. If the Chairman and Vice-Chairman are absent
from any meeting, a present member shall be chosen to act as Chairman.
F. Leaves of Absence. Upon the request of a member, the Committee may vote to allow that
member to take a leave of absence from membership for no more than six months. No more
than two voting members may be on leave of absence at the same time. For purposes of
establishing a quorum, the voting membership of the committee shall be reduced by the
number of members on leave of absence at the time the meeting is held.
G. Advisory Members. The Committee may designate members as “Advisory” members.
Advisory members may participate in Committee discussions and Committee work, but they
shall not be voting members and their attendance at a meeting shall not be counted towards
that number required to constitute a quorum.
H. Number of Members. Voting members of the Historic Preservation Committee shall be
appointed by the Board of Supervisors and shall be limited to twelve.
I. Terms. Members shall serve three-year staggered terms with 1/3 of the membership
appointed each year.
2. Meetings
A. Annual Meeting. The first meeting in January of each year shall be known as the annual
meeting. At the annual meeting, the Committee shall establish the day, time, and place for
regular meetings of the Committee for that year, and shall elect the chairman, vice-chairman,
and secretary.
B. Regular Meetings. The Committee shall meet in regular session at the time and place and on
the day or days established for regular meetings. The Committee may subsequently
establish a different day, time, or place to conduct its regular meetings by passing a
resolution to that effect.
If the Chairman, or the Vice-Chairman if the Chairman is unable to act, finds and declares
that weather or other conditions are such that it is hazardous for Committee members to
attend a regular meeting, the meeting shall be continued to the next regular meeting date.
This finding shall be communicated to the members of the Committee and to the press as
promptly as possible.
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Without further public notice, a regular meeting may be adjourned from day to day or from
time to time or from place to place, not beyond the time fixed for the next regular meeting,
until the business of the Committee is complete.
C. Attendance. Two unreported absences from regular meetings shall be considered grounds
for dismissal from the Committee.
3. Order of Business
A. Establishment of Agenda. The agenda for each regular meeting shall be established by staff
in consultation with the Chairman.
B. Organization of the Agenda. The agenda of each regular meeting shall be organized in
substantially the following order, subject to change at the request of the Chairman and with
the consensus of the other members of the Committee:
(1) Call to order
(2) Announcements
(3) Scheduled presentations
(4) Discussion Items
(5) Questions for the Members
• New owners of historic properties?
• Threatened properties to watch?
• Recently demolished structures?
• Resources available to assist in implementation of HP plan?
(6) Subcommittee Updates
(7) Other business
(8) Adjourn
C. Deferrals. The Committee may defer any matter at the request of a member of the
Committee, or County staff. The request may be either oral or in writing, and may be made
at any time prior to the vote on the matter. The person making the request shall state the
reasons therefor. A motion to defer shall either specify the date to which the matter is
deferred or defer the matter indefinitely.
4. Quorum
A simple majority of the members of the Committee not on leave of absence shall constitute a
quorum for any meeting of the Committee. If, during a meeting, less than a majority of the members
of the Committee remains present, no action can be taken except to adjourn the meeting. If, prior to
adjournment, a quorum is again established, the meeting shall continue.
5. Voting Procedures
A. Approval of Motion by Majority. Except for a decision on a motion of the previous question,
each decision of the Committee shall be made by approval of a majority of the members
present and voting on a motion properly made by a member and properly seconded by
another member. Any motion that is not seconded shall not be further considered.
B. Manner of Vote. The vote on a motion pertaining may be either by roll call vote or voice vote,
in the discretion of the Chairman; provided that a roll call vote on such a motion shall be
required if requested by a member of the Committee. For each roll call vote, staff shall
record the name of each member voting and how the member voted on the motion. For each
voice vote, staff shall record the result of the vote.
C. Tie Vote. A tie vote shall defeat the motion voted upon.
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D. Abstention. If any member abstains from voting on any motion, he shall state his abstention.
The abstention shall be announced by the Chairman and recorded by staff.
E. Motion to Amend. A motion to amend a motion before the Committee shall be discussed and
voted by the Committee before any vote is taken on the original motion unless the motion to
amend is accepted by both the members making and seconding the original motion. If the
motion to amend is approved, the amended motion is then before the Committee for its
consideration. If the motion to amend is not approved, the original motion is again before the
Committee for its consideration.
6. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Committee at the next regular
meeting following a regular meeting at which notice of the motion to amend is given.
7. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the members of the Committee
present and voting. The motion to suspend a rule may be made by any member of the Committee.
Upon a proper second, the motion may be discussed and voted. The effect of the motion to suspend
a rule, if approved, is to make that rule inapplicable to the matter before the Committee; provided,
however, approval of a motion to suspend the rule shall not permit the Committee to act in violation of
a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other applicable
law.
8. Rules of Procedure not Covered by These Rules of Procedure
Any rules of procedure not covered by these Rules of Procedure shall be governed by the current
Robert’s Rules of Order.
* * * * *
(Adopted April 26, 2004; Amended May 7, 2008)
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ATTACHMENT 10
STATE RAIL PLAN
RESOLUTION
WHEREAS, the Virginia Department of Rail and Public Transportation (VDRPT) is developing a State
Rail Plan that will address the present and future needs for rail in the Commonwealth and provide a strategy
to address them; and
WHEREAS, the State Rail Plan will address commuter, intercity, higher speed and high speed rail
services as well as multimodal integration of rail with other modes of transportation; and
WHEREAS, the DRPT has asked for public input on the needs, priorities and rail improvements to be
considered when developing the State Rail Plan; and
WHEREAS, the US29 – I-66 (Piedmont) rail corridor between Danville and Alexandria is home to 30
percent of the state’s population; and
WHEREAS, the cities, towns and counties of the Piedmont Corridor have experienced significant
growth — both residential and commercial — and with it, significant increases in highway traffic travel time for
through-corridor trips; and
WHEREAS, the City of Charlottesville and the surrounding Albemarle County, home of Thomas
Jefferson and the University of Virginia, have been a transportation cross roads since colonial times, as well
as a major east-west and north-south rail hub; and
WHEREAS, fifty years ago, when the combined population of the City of Charlottesville and
Albemarle County was less than 60,000 and the University of Virginia had an enrollment of 5,000 students,
the City was the stop for 22 passenger trains a day operated by the Southern and C & O Railroads; and
WHEREAS, today, with a metro area population of almost 200,000 and a University enrollment of
more than 20,000, the community is served by only one round-trip train a day between New Orleans and New
York and an additional train three days a week between Chicago and New York; and
WHEREAS, these trains are frequently overbooked and cannot meet the passenger demand in our
area, and ridership is hampered by the poor on-time performance (Crescent 68%; Cardinal 18%) on their
long-distance routes, due largely to interference with freight and poor infrastructure in non-Virginia portions of
the route; and
WHEREAS, in spite of these impediments the Charlottesville Amtrak station has the highest ridership
per scheduled weekly train of any Amtrak station in Virginia, including Richmond, Newport News, Alexandria,
Fredericksburg and Williamsburg; and
WHEREAS, a Charlottesville Regional Chamber of Commerce survey found that more than 60
percent of area businesses regularly conduct business in DC and Northern Virginia; 84 percent of the time
they travel there by car, and more than two-thirds (66.6 percent) said they would use rail as an alternative if a
speedy rail line were available; and
WHEREAS, the relocation of more of the Federal Government’s national security activity from the
Washington area into Albemarle County, the increase in the extent and national reputation of the University’s
healthcare and research activities, and the rising cost of oil and the environmental concerns brought on by
carbon based emissions have heightened the interest in energy efficient and environmentally friendly
alternatives to the automobile, and VDRPT has calculated that new Piedmont Corridor rail service would
reduce CO2 emissions by over 1500 tons/year; and
20
WHEREAS, recognizing Charlottesville as an underserved market, Amtrak has recommended to
VDRPT that steps be taken to implement new Lynchburg to Washington rail service “as soon as possible” –
including any capital improvements needed to the existing rail line by the host railroad; and
WHEREAS, Amtrak reports that the addition of a second daily train can be accomplished easily and
at a relatively low cost; and
WHEREAS, the Route 29 passenger rail corridor is significantly under-served compared to the I-95
corridor, where the State has made massive investments for rail infrastructure and operations, having fewer
than one-half the weekly service of Newport News and one-sixth the weekly service of Richmond; and
WHEREAS, an application for State Rail Enhancement Funds (REF) for capital investments in the
corridor in support of the proposed new Amtrak passenger service has been developed by Norfolk Southern
Railroad and is included in the list of projects recommended by VDRPT for inclusion in the State’s 2009-2014
Six Year Improvement Program;
NOW THEREFORE BE IT RESOLVED, that the Albemarle County Board of Supervisors urges the
VDRPT to include enhanced passenger rail service for US29 (Piedmont Corridor) in the State Rail Plan,
specifically the proposed new daily direct service between Lynchburg and Washington, DC and on to New
York and Boston, as proposed by Amtrak; and
BE IT FURTHER RESOLVED, that the Albemarle County Board of Supervisors urges the
Commonwealth Transportation Board to approve the DRPT’s recommended REF funding needed for
infrastructure investments to support new passenger service in the corridor; and
BE IT FURTHER RESOLVED, that the Albemarle County Board of Supervisors requests that the
DRPT identify the US29 corridor as the State’s top priority for funding new rail service according to Amtrak’s
recommended Short Term Action Plan for Advancing Passenger Rail in the Commonwealth.
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ATTACHMENT 11
BE IT RESOLVED by the Albemarle County Board of Supervisors:
Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS:
Refunds and Abatements $169,500
Paragraph Two: GENERAL MANAGEMENT AND SUPPORT
Board of Supervisors $529,699
County Attorney $906,986
County Executive $1,084,020
Department of Finance $4,444,245
Department of Human Resources $916,869
Department of Information Technology $2,655,164
Voter Registration/ Elections $506,649
$11,043,632
Paragraph Three: JUDICIAL
Circuit Court $102,176
Clerk of the Circuit Court $734,588
Commonwealth's Attorney $905,049
General District Court $19,100
Juvenile Court $114,833
Magistrate $4,800
Sheriff's Office $1,980,405
$3,860,951
Paragraph Four: PUBLIC SAFETY
Albemarle County Fire/Rescue Department $6,788,770
Building Codes and Inspections $1,058,535
Community Attention Home $60,149
Department of Police $12,580,232
Emergency Communications Center $2,008,069
Fire Department Contract (City of Charlottesville) $655,000
Fire/Rescue Credit $50,430
Forest Fire Extinguishment $13,216
Juvenile Detention Center $769,767
Offender Aid and Restoration (OAR)$155,382
Regional Jail Authority $3,347,030
SPCA Contract $175,650
Thomas Jefferson EMS Council $21,184
Volunteer Fire Departments $1,240,783
Volunteer Rescue Squads $447,045
$29,371,242
Paragraph Five: GENERAL SERVICES / PUBLIC WORKS
Facilities Development Department $757,805
General Services $3,515,460
Rivanna Solid Waste Authority $400,000
$4,673,265
Paragraph Six: HUMAN SERVICES
AIDS Support Group $4,861
Arc of the Piedmont Infant Development Program $8,970
ANNUAL RESOLUTION OF APPROPRIATIONS
OF THE COUNTY OF ALBEMARLE
FOR THE FISCAL YEAR ENDING JUNE 30, 2009
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, 2009; 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, 2009:
22
Bright Stars Transfer $794,092
BRMC - Latino Lay Health Promoter $5,613
Charlottesville - Albemarle Legal Aid Society (CALAS) $38,494
Charlottesville Free Clinic $9,819
Children, Youth and Family Services (CYFS)$97,614
Commission on Children & Families (CCF)$250,292
Comprehensive Services Act Transfer $2,636,432
Computers4Kids $20,253
Department of Social Services $11,434,730
Health Department $938,097
JAUNT $725,492
Jefferson Area Board on Aging (JABA)$280,478
Madison House $10,370
Music Resource Center $6,335
Piedmont CASA $8,925
Piedmont Virginia Community College (PVCC)$23,475
Piedmont Workforce Network $13,805
Region Ten Community Services $566,276
Sexual Assault Resource Agency (SARA)$23,690
Shelter for Help in Emergency (SHE)$89,974
Tax Relief for Elderly/Disabled $678,638
Teen Pregnancy Programs Contingency $28,395
United Way - Information and Referral Center $12,875
United Way -Child Care $106,632
Urban Vision $25,220
$18,853,734
Paragraph Seven: PARKS, RECREATION AND CULTURE
African American Festival $3,000
Ash-Lawn Highland $10,164
Darden Towe Park Transfer $151,682
Department of Parks & Recreation $2,321,163
Jefferson-Madison Regional Library $3,173,138
Literacy Volunteers $26,355
Municipal Band $18,190
Piedmont Council of the Arts $12,594
Save the Fireworks $10,000
Virginia Discovery Museum $11,978
Virginia Festival of the Book $11,960
Virginia Film Festival $16,380
Visitors Bureau $545,721
WHTJ Public Television $5,463
WVPT Public Television $5,463
$6,323,251
Paragraph Eight: COMMUNITY DEVELOPMENT
Albemarle Housing Improvement Program (AHIP) $416,328
Alliance for Community Choice in Transportation $6,500
Central Virginia Small Business Development Center $7,800
Charlottesville Transit Service $678,372
Department of Community Development $5,227,954
Housing Office $794,958
Monticello Area Community Action Agency (MACAA) $179,060
Piedmont Housing Alliance (PHA)$113,396
Planning District Commission (TJPDC)$108,292
Soil and Water Conservation $95,921
Stream Watch $10,816
VPI Extension Service $195,445
$7,834,842
Paragraph Nine: CAPITAL OUTLAYS
Transfer to General Government Capital Improvements Fund - Recurring $8,427,962
Transfer to Schools Capital Improvements Fund $1,000,000
Transfer to Storm Water Fund $800,000
$10,227,962
Paragraph Ten: REVENUE SHARING AGREEMENT
Revenue Sharing Agreement $13,633,950
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Paragraph Eleven: OTHER USES OF FUNDS
Board Contingency Reserve $447,118
Revenue Shortfall Contingency $1,614,072
Salary Contingency - Merit $224,000
Salary Contingency - Reclassifications $20,000
Total Rewards $25,000
Transfer to General Government Debt Service $1,930,644
Transfer to School Division Debt Service $12,913,103
Transfer to School Fund - Recurring $101,225,059
$118,398,996
Total GENERAL FUND appropriations for the fiscal year ending June 30, 2009: $224,391,325
To be provided as follows:
Revenue from Local Sources $194,720,789
Revenue from Local Sources - Transfers $1,474,241
Revenue from the Commonwealth $23,530,551
Revenue from the Federal Government $4,254,244
Revenue from Fund Balance $411,500
Total GENERAL FUND resources available for fiscal year ending June 30, 2009: $224,391,325
Paragraph One: REGULAR SCHOOL FUND
Administration, Attendance & Health $11,061,434
Facilities Construction/ Modification $147,600
Facilities Operation/ Maintenance $13,959,360
Instruction $111,647,121
Pupil Transportation Services $9,830,408
Other Uses of Funds $4,650,019
Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2009: $151,295,942
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $101,225,059
Revenue from Other Local Sources $946,553
Revenue from School Fund Balance, Carry-Over, Transfers $1,345,546
Revenue from the Commonwealth $45,110,478
Revenue from the Federal Government $2,668,306
Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2009: $151,295,942
Paragraph One: FOOD SERVICES (Fund 3000)
Maintenance/ Operation of School Cafeterias $4,340,873
Summer Feeding $300,000
Total FOOD SERVICES appropriations for fiscal year ending June 30, 2009: $4,640,873
To be provided as follows:
Revenue from Local Sources $3,270,452
Revenue from the Commonwealth $56,000
Revenue from the Federal Government $1,314,421
Total FOOD SERVICES resources available for fiscal year ending June 30, 2009: $4,640,873
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, 2009:
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, 2009:
24
Paragraph Two: PRE-SCHOOL SPECIAL EDUCATION FUND (Fund 3205)
Special Ed Pre-School Program $67,416
Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal year ending June 30, 2009: $67,416
To be provided as follows:
Revenue from the Federal Government $67,416
Total PRE-SCHOOL SPECIAL EDUCATION FUND resources available for fiscal year ending June 30, 2009: $67,416
Paragraph Three: McINTIRE TRUST FUND (Fund 3501)
Payment to County Schools $10,000
Total McINTIRE TRUST FUND appropriations for fiscal year ending June 30, 2009: $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, 2009: $10,000
Paragraph Four: PREP PROGRAM
C. B. I. P. Severe (Fund 3201)$1,037,286
E. D. Program (Fund 3202)$818,586
Total PREP PROGRAM appropriations for fiscal year ending June 30, 2009: $1,855,872
To be provided as follows:
Revenue from Tuition and Fees $1,855,872
Total PREP PROGRAM resources available for fiscal year ending June 30, 2009: $1,855,872
Paragraph Five: FEDERAL PROGRAMS
Adult Education (Fund 3115)$126,500
Carl Perkins (Fund 3207)$161,441
Chapter I (Fund 3101)$1,318,896
Drug Free Schools (Fund 3107)$37,881
Migrant Education (Fund 3103)$113,191
Title II (Fund 3203)$394,970
English Literacy/Civics (Fund 3221)$116,500
Economically Dislocated Workers (Fund 3116)$50,000
Title III (Fund 3215)$113,870
Title V (Fund 3216)$14,023
Reading First (Fund 3302)$172,000
21st Century Grant (Fund 3219)$163,177
Technology Challenge Grant (Fund 3131)$15,058
Race to GED (Fund 3309)$29,876
Families in Crisis (Fund 3304)$25,000
Total FEDERAL PROGRAMS appropriations for fiscal year ending June 30, 2009: $2,852,383
To be provided as follows:
Revenue from Local Sources $54,000
Revenue from Local Sources (Transfer from School Fund) $50,000
Revenue from the Federal Government $2,748,383
Total FEDERAL PROGRAMS resources available for fiscal year June 30, 2009: $2,852,383
Paragraph Six: COMMUNITY EDUCATION FUND (Fund 3300)
Community Education $1,620,115
Total COMMUNITY EDUCATION FUND appropriations for fiscal year ending June 30, 2009: $1,620,115
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To be provided as follows:
Revenue from Local Sources (Tuition)$1,620,115
Total COMMUNITY EDUCATION FUND resources available for fiscal year ending June 30, 2009: $1,620,115
Paragraph Seven: SUMMER SCHOOL (Fund 3310)
Summer School $550,183
Total SUMMER SCHOOL appropriations for fiscal year ending June 30, 2009: $550,183
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund) $239,243
Revenue from Local Sources (Tuition)$171,440
Miscellaneous Revenues $2,000
Revenue from the Commonwealth $137,500
Total SUMMER SCHOOL resources available for fiscal year ending June 30, 2009: $550,183
Paragraph Eight: SCHOOL BUS REPLACEMENT (Fund 3905)
School Bus Replacement $500,000
Total SCHOOL BUS REPLACEMENT appropriations for fiscal year ending June 30, 2009: $500,000
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund) $500,000
Total SCHOOL BUS REPLACEMENT resources available for fiscal year ending June 30, 2009: $500,000
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, 2009: $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, 2009: $446,010
Paragraph Ten: INTERNAL SERVICE - VEHICLE MAINTENANCE FUND (Fund 3910)
Vehicle Maintenance 799,536
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2009: $799,536
To be provided as follows:
Revenue from Local Sources (Charges)$799,536
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources available for fiscal year ending June 30, 2009: $799,536
Paragraph Eleven: GENERAL ADULT EDUCATION FUND (Fund 3133)
General Adult Education $19,000
Total GENERAL ADULT EDUCATION FUND appropriations for fiscal year ending June 30, 2009: $19,000
To be provided as follows:
Revenue from Local Sources $9,000
Revenue from the Commonwealth $10,000
Total GENERAL ADULT EDUCATION FUND resources available for fiscal year ending June 30, 2009: $19,000
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Paragraph Twelve: DRIVERS SAFETY FUND (Fund 3305)
Drivers Safety Fund $401,500
Total DRIVERS SAFETY FUND appropriations for fiscal year ending June 30, 2009: $401,500
To be provided as follows:
Revenue from Local Sources (Tuition)$341,000
Revenue from the Commonwealth $60,500
Total DRIVERS SAFETY FUND resources available for fiscal year ending June 30, 2009: $401,500
Paragraph Thirteen: OPEN DOORS FUND (Fund 3306)
Open Doors Fund $123,000
Total OPEN DOORS FUND appropriations for fiscal year ending June 30, 2009: $123,000
To be provided as follows:
Revenue from Local Sources (Tuition)$120,000
Revenue from Local Sources (Advertisements)$3,000
Total OPEN DOORS FUND resources available for fiscal year ending June 30, 2009: $123,000
Paragraph Fourteen: STATE PROGRAMS
Special Education Jail Program (Fund 3212)$140,489
Algebra Readiness (Fund 3152)$38,000
Individualized Student Alternative Education (Fund 3142) $23,576
Teacher Mentor Program (Fund 3151)$9,586
Total STATE PROGRAMS appropriations for fiscal year ending June 30, 2009: $211,651
To be provided as follows:
Revenue from the Commonwealth $211,651
Total STATE PROGRAMS resources available for fiscal year ending June 30, 2009: $211,651
Paragraph Fifteen: AMERICAN HISTORY GRANT (Fund 3158)
1 American History Grant $95,000
Total AMERICAN HISTORY GRANT appropriations for fiscal year ending June 30, 2009: $95,000
To be provided as follows:
Revenue from Local Sources $95,000
Total TNE PARTNERSHIP GRANT resources available for fiscal year ending June 30, 2009: $95,000
Paragraph Sixteen: COMPUTER EQUIPMENT REPLACEMENT FUND (Fund 3907)
Computer Equipment Replacement Fund $1,000,000
Total COMPUTER EQUIPMENT REPLACEMENT FUND appropriations for fiscal year ending June 30, 2009: $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, 2009: $1,000,000
Paragraph Seventeen KLUGE-CLUB YANCEY (Fund 3157)
Kluge-Club Yancey $20,000
27
Total KLUGE-CLUB YANCEY appropriations for fiscal year ending June 30, 2009: $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, 2009: $20,000
Paragraph Eighteen: FOUNDATION FOR EXCELLENCE (Fund 3502)
Foundation for Excellence $12,000
Total FOUNDATION FOR EXCELLENCE appropriations for fiscal year ending $12,000
To be provided as follows:
Revenue from Local Sources (Miscellaneous)$12,000
Total FOUNDATION FOR EXCELLENCE resources available for fiscal year ending June 30, 2009: $12,000
Paragraph Nineteen: Textbook Replacement Fund
Textbook Replacement $1,300,950
Total TEXTBOOK REPLACEMENT FUND appropriations for fiscal year ending $1,300,950
To be provided as follows:
Revenue from Local Sources (Transfer)$1,300,950
Total TEXTBOOK REPLACEMENT FUND resources available for fiscal year ending June 30, 2009: $1,300,950
GRAND TOTAL - OTHER SCHOOL FUNDS $16,525,489
Paragraph One: COMPREHENSIVE SERVICES ACT FUND (Fund 1551)
Comprehensive Services Act Program Expenditures $7,308,722
Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year ending June 30, 2009: $7,308,722
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $2,636,432
Revenue from Local Sources (Transfer from School Fund) $1,040,000
Revenue from the Commonwealth $3,632,290
Total COMPREHENSIVE SERVICES ACT resources available for fiscal year ending June 30, 2009: $7,308,722
Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND (Fund 1553)
Bright Stars Program $1,215,991
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for fiscal year ending June 30, 2009: $1,215,991
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $794,092
Revenue from Local Sources (Transfer from School Fund) $93,518
Revenue from the Commonwealth $270,936
Revenue from Fund Balance $57,445
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available for fiscal year ending June 30, 2009: $1,215,991
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, 2009:
SECTION IV: OTHER SPECIAL REVENUE FUNDS
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Paragraph Three: TOWE MEMORIAL PARK FUND (Fund 4200)
Darden Towe Memorial Park $236,506
Total TOWE MEMORIAL PARK FUND appropriations for fiscal year ending June 30, 2009: $236,506
To be provided as follows:
Revenue from Local Sources (Transfer from the General Fund) $151,682
Revenue from Other Local Sources $84,824
Total TOWE MEMORIAL PARK FUND resources available for fiscal year ending June 30, 2009: $236,506
Paragraph Four: MJ HEALTH GRANT (Fund 1563)
MJ Health Grant $5,000
TOTAL MJ HEALTH GRANT appropriations for fiscal year ending June 30, 2009: $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, 2009: $5,000
Paragraph Five: VISITOR CENTER FUND (Fund 9800)
Repair and Maintenance $62,090
TOTAL VISITOR CENTER FUND appropriations for fiscal year ending June 30, 2009: $62,090
To be provided as follows:
Revenue from Local Sources $62,090
Total VISITOR CENTER FUND resources available for fiscal year ending June 30, 2009: $62,090
Paragraph Six: COURTHOUSE MAINTENANCE FUND (Fund 9150)
Transfer to General Government Capital Improvements Fund $32,782
TOTAL COURTHOUSE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2009: $32,782
To be provided as follows:
Revenue from Local Sources $32,782
Total COURTHOUSE MAINTENANCE FUND resources available for fiscal year ending June 30, 2009: $32,782
Paragraph Seven: TOURISM FUND (Fund 1810)
Tourism Enhancement (Transfer to General Fund) $653,736
Tourism Projects (Transfer to General Government Capital Improvements Fund) $486,264
Total TOURISM FUND appropriations for fiscal year ending June 30, 2009: $1,140,000
To be provided as follows:
Revenue from Local Sources $1,140,000
Total TOURISM FUND resources available for fiscal year ending June 30, 2009: $1,140,000
Paragraph Eight: CRIMINAL JUSTICE PROGRAMS FUND (Fund 1520)
Criminal Justice Grant Programs $720,698
Total CRIMINAL JUSTICE PROGRAMS FUND appropriations for fiscal year ending June 30, 2009: $720,698
29
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, 2009: $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, 2009: $101,128
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $76,221
Revenue from the Commonwealth (Grant)$24,907
Total VICTIM-WITNESS GRANT FUND resources available for fiscal year ending June 30, 2009: $101,128
Paragraph Ten: METRO PLANNING GRANT FUND (Fund 1208)
Metropolitan Planning Organization Funding $14,500
Total METRO PLANNING GRANT FUND appropriations for fiscal year ending June 30, 2009: $14,500
To be provided as follows:
Revenue from the Federal Government (Grant) $11,600
Revenue from the Commonwealth (Grant)$1,450
Local Funds (Transfer from the General Fund)$1,450
Total METRO PLANNING GRANT FUND resources available for fiscal year ending June 30, 2009: $14,500
Paragraph Eleven: HOUSING ASSISTANCE FUND (Fund 1227)
Family Self-Sufficiency Program (Transfer to General Fund) $323,000
Section 8 Housing Assistance Payments $2,482,867
Total HOUSING ASSISTANCE FUND appropriations for fiscal year ending June 30, 2009: $2,805,867
To be provided as follows:
Revenue from the Federal Government $2,805,867
Total HOUSING ASSISTANCE FUND resources available for fiscal year ending June 30, 2009: $2,805,867
Paragraph Twelve: VEHICLE REPLACEMENT FUND (Fund 9200)
Vehicle Replacement $526,000
Total VEHICLE REPLACEMENT FUND appropriations for fiscal year ending June 30, 2 009: $526,000
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $384,495
Revenue from Other Local Sources $25,000
Revenue from Fund Balance $116,505
Total VEHICLE REPLACEMENT FUND resources available for fiscal year ending June 30, 2009: $526,000
GRAND TOTAL - SPECIAL REVENUE FUNDS $14,169,284
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Paragraph One: ADMINISTRATION
Voting Machine Replacement $106,000
Paragraph Two: COURTS
Court Square Maintenance/Replacement Projects $100,000
J&D Court Maintenance/Replacement Projects $15,000
$115,000
Paragraph Three: PUBLIC SAFETY
Pantops Fire Station $124,000
Ivy Fire Station $567,000
VFD Fire & EMS Apparatus Replacement $1,016,000
Crozet Ladder Truck $1,138,000
Fire/Rescue Mobile Data Computers $200,000
Public Safety Training Facility $1,051,000
Emergency Radio Notification System $171,000
$4,267,000
Paragraph Four: PUBLIC WORKS
County Facilities - Maintenance/Replacement $610,000
Recycling Centers $263,000
Ivy Landfill Remediation $914,000
Crozet Streetscapes Phase II $1,920,000
Storage Facility Lease $70,000
$3,777,000
Paragraph Five: COMMUNITY/NEIGHBORHOOD DEVELOPMENT
Neighborhood Implementation Plan Program $550,000
Revenue Sharing Road Program $1,000,000
Sidewalk Construction Program $422,000
Transportation Improvement Program - Local $2,125,000
Transportation Improvement Program - Regional $100,000
Roadway Landscaping Program $220,000
Streetlamp Program $49,000
$4,466,000
Paragraph Six: HUMAN DEVELOPMENT
PVCC Roundabout $43,000
Paragraph Seven: PARKS, RECREATION & CULTURE
County Athletic Field Development $42,000
Paramount Theater $33,000
Greenway Program $50,000
River and Lake Access Improvements $35,000
Park Enhancements $100,000
Parks - Maintenance/Replacement $189,000
$449,000
Paragraph Eigth: LIBRARIES
Central Library Maintenance/Replacement $91,000
Gordon Avenue Library Improvements $148,000
$239,000
Paragraph Nine: TECHNOLOGY AND GIS
County Server/Infrastructure Upgrade $360,000
$360,000
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, 2009:
SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010)
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Paragraph Ten: ACQUISITION OF CONSERVATION EASEMENTS
Acquisition of Conservation Easements (ACE) Program $1,614,000
Paragraph Eleven: CAPITAL RESERVE
Capital Reserve $140,476
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2009: $15,576,476
To be provided as follows:
Revenue from Local Sources (Tourism Fund Transfer) $486,264
Revenue from Local Sources (General Fund Transfer) $8,427,962
Other Local Sources (including Proffers)$1,106,250
State Revenues $300,000
Loan Proceeds $4,256,000
Use of Fund Balance $1,000,000
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2009:$15,576,476
Paragraph One: EDUCATION (SCHOOL DIVISION)
Support Services Complex $645,000
Administrative Technology $175,000
Instructional Technology $550,000
Maintenance/Replacement Projects $4,451,000
State Technology Grant $700,000
Gymnasium HVAC and Lighting Replacement $100,000
Greer Elementary School Renovations $5,140,000
Albemarle High School Addition/Renovation $10,316,000
Brownsville Elementary Addition $9,415,000
Crozet Elementary Addition $45,000
Vehicle Maintenance Facility Addition $1,150,000
Storage Facility Lease $180,000
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2009: $32,867,000
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $1,000,000
Proffers $100,000
Interest Earned $100,000
State Construction Funds $200,000
State Technology Grant $700,000
VPSA Bonds $30,767,000
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2009: $32,867,000
Paragraph One: STORM WATER PROJECTS
Storm Water Control Program $800,000
Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2 009: $800,000
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $800,000
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, 2009:
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, 2009:
SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000)
SECTION VII: STORM WATER CAPITAL IMPROVEMENTS FUND (Fund 9100)
32
Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900)
Debt Service Payments - School Division $12,913,103
Debt Service Payments - PREP $224,609
Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30, 2009: $13,137,712
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $12,913,103
Revenue from Local Sources (PREP Fees)$224,609
Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June 30, 2009: $13,137,712
Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910)
Emergency Services Radio System Lease/Debt Service Payment $826,556
Debt Service Payments - General Government $1,377,266
Bond Issuance Cost $10,000
Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending June 30, 2009: $2,213,822
To be provided as follows:
Revenue from Local Sources $283,178
Revenue from Local Sources (Transfer from General Fund) $1,930,644
Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year ending June 30, 2009: $2,213,822
GRAND TOTAL - DEBT SERVICE FUNDS $15,351,534
Appropriations:
Section I General Fund $224,391,325
Section II School Fund $151,295,942
Section III Other School Funds $16,525,489
Section IV Other Special Revenue Funds $14,169,284
Section V General Government Capital Improvements Fund $15,576,476
Section VI School Division Capital Improvements Fund $32,867,000
Section VII Storm Water Capital Improvements Fund $800,000
Section VIII Debt Service $15,351,534
$470,977,050
Less Inter-Fund Transfers
General Fund to School Fund ($101,657,425)
General Fund to Special Revenue Funds ($3,986,430)
General Fund to Capital Improvements Funds ($10,227,962)
General Fund to Debt Service Funds ($14,843,747)
Special Revenue Funds to General Fund ($976,736)
Special Revenue Funds to Capital Improvements Funds ($519,046)
School Fund to Self-Sustaining Funds ($3,113,606)
School Fund to Special Revenue Funds ($1,133,518)
School Fund to General Fund ($402,895)
Self-Sustaining Funds to School Fund ($400,000)
($137,261,365)
GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $333,715,685
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, 2009:
SECTION VIII: DEBT SERVICE
SECTIONS I - VIII OF THIS RESOLUTION
FOR THE FISCAL YEAR ENDING June 30, 2009
RECAPITULATION:
TOTAL APPROPRIATIONS MENTIONED IN
33
Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND
Emergency Communications Center $4,919,609
Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year ending June 30, 2009: $4,919,609
To be provided as follows:
Revenue from Local Sources $4,366,463
Revenue from the Commonwealth $540,000
Revenue from the Federal Government $13,146
Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal year ending June 30, 2009: $4,919,609
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 con tracting 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.
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.
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.
Paragraph Two
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, 2009:
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 appropriations -
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.
SECTION X
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. Jordan) are hereby designated as authorized signatories for all bank accounts.
Paragraph One
34
This resolution shall become effective on July first, two thousand and eight.
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 r epealed.
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 County Executive.
35
ATTACHMENT 12
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, the Albemarle County Board of Supervisors, Virginia (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 $53,070,424.
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.
36
Exhibit A
CAPITAL IMPROVEMENT PROGRAM
BONDED PROJECTS
FY 2008/09
Schools Amount
1. School Maintenance Projects $3,956,000
2. Support Services Complex $645,000
3. Gymnasium HVAC & Lighting Replacement $100,000
4. Greer Elementary School Addition/Renovations $5,140,000
5. Albemarle High School Addition/Renovations $10,316,000
6. Brownsville Elementary School Addition/Renovations $9,415,000
7. Crozet Elementary School Improvements $45,000
8. Vehicle Maintenance Facility Addition $1,150,000
Schools Subtotal $30,767,000
General Fund Amount
1. Pantops Fire Station Equipment $124,000
2. Ivy Fire Station Apparatus $567,000
3. Fire Rescue Apparatus $1,016,000
4. Crozet Ladder Truck $1,138,000
5. Public Safety Training Facility $1,051,000
6. County IT Infrastructure/Server Upgrade $360,000
General Fund Subtotal $4,256,000
TOTAL DEBT ISSUE – FY 2008/09 PROJECTS $35,023,000
REAFFIRMATION OF PREVIOUSLY BONDED PROJECTS
General Fund Amount
1. Juvenile & Domestic Relations Court Renovations $4,000,000
2. Hollymead Fire Station $5,841,218
3. Pantops Fire Station $2,611,000
4. Ivy Fire Station $1,634,000
5. Fire Rescue Apparatus $1,328,000
6. Public Safety Training Facility $788,206
7. Crozet Library $1,500,000
8. County IT Infrastructure/Server Upgrade $345,000
General Fund Subtotal $18,047,424
TOTAL DEBT ISSUE – ALL PROJECTS $53,070,424
37
ATTACHMENT 13
County of Albemarle
Crozet Library Steering Committee
Charge Statement, Membership and Organization
Steering Committee Charge
The Crozet Library Steering Committee is an advisory committee charged with a) providing direction and
advice on a public/stakeholder engagement process; b) providing oversight and direction to the project’s
design team; c) considering and balancing the concerns/issues of the affected stakeholders and building
public consensus for committee recommendations; d) reviewing alternative designs; e) to actively
consider the cost aspects of the projects; and f) making a recommendation to the Board of Supervisors
on a final preferred program and concept plan. The preferred program and plan should be based on the
Board’s Vision to develop a new and expanded public library in downtown Crozet as a critical priority to
provide a focal point for community activity and to help catalyze expanded opportunities for new and
existing downtown businesses.
The Steering Committee shall work directly with the County’s project design team including consultants
and staff. Its work shall be coordinated with the County’s efforts to promote a vibrant business and
community center in downtown Crozet.
The Steering Committee's recommendation shall include at a minimum:
• A program description for the Library.
• The Library’s layout, including the type, size and location of uses and activities.
• How the plan fulfills the County’s vision and adheres to the guiding principles for the Library.
• The estimated costs for both building and operating the facility.
• An architectural concept of the preferred plan for the facility.
The Steering Committee will conclude its work at the end of the Schematic Design phase and make a
final recommendation to the Board of Supervisors no later than October 30, 2008. The Committee
shall provide periodic updates to the Board on the progress of their work.
Membership Selection Process
The Crozet Library Steering Committee shall consist of approximately twelve (12) voting members
appointed by the Board of Supervisors. Appointments will be based on staff recommendations and
nominations from community and business groups. The committee may appoint up to three additional
voting members.
Membership Selection Criteria
The Crozet Library Steering Committee will be composed, at a minimum, of the following representatives:
• Two members of the Board of Supervisors
• The County’s Director of Facilities Development (Chair)
• The County’s Executive Office
• The Regional Library Director
• The Crozet Library’s Branch Manager
• One Library Board member
• One member of the Crozet Community Advisory Council
• One member of the Crozet Community Association
• One member of the Crozet Downtown Association
• One member of the Planning Commission
• One member of the Crozet Library Fund Raising Committee
38
• One member of the Crozet area PTO
The Board of Supervisors will appoint members based on their qualifications and interest in serving on
the Committee. An individual may be appointed to represent more than one of the above referenced
groups. The Board will strive to appoint an overall membership that is diverse in age, abilities,
experiences, professions, interests, etc.
Member qualifications include:
• Experience working within a consensus-driven decision-making process, and a commitment to
such a process in fulfilling the Committee's responsibilities as outlined in the charge
statement;
• Willingness to work within established County procedures and processes;
• Ability to be open-minded; to listen and be respectful of the values, views and opinions of
other representatives;
• Ability to share information with, and receive information from the community at large;
• Ability to meet once a month and possibly more often over the next year; and
• Being a resident of Albemarle County
Steering Committee Organization
The Board of Supervisors shall designate the Committee Chair. The consultant design team and other
County staff shall serve as technical representatives and shall be responsible for assembling and
compiling all information and reports necessary for the Committee's work to progress, including
meeting notes.
Meetings will be held approximately once a month. The date and time of Committee meetings shall be
established at the first meeting; additional meetings may be called by the Chair. All meetings will be open
work sessions, where the general public is invited to attend to listen and observe, unless participation is
deemed appropriate by the Chair. Active participation will be extended to the general public at open
houses, workshops and public hearings. In addition to the Steering Committee, the project will include a
comprehensive public engagement program for the public at large to include active participation at open
houses, workshops, public hearings, and other appropriate venues.
No quorum shall be necessary to conduct business, but no vote will be taken unless a quorum is present. A
majority of the voting members of the Committee shall constitute a quorum. Decisions shall be made, if
possible, by an indication of general consensus among the Committee members present. Staff (other than
appointed members) will not participate as decision makers. When this method does not serve to establish a
clear direction, the chair shall call for a roll-call vote. When an agreement cannot be achieved on an issue,
business shall proceed and County staff shall document and present minority positions for future Board of
Supervisors consideration.
Facilitation will be provided in those instances when it is considered beneficial in helping the Committee
achieve its stated purposes.
(Adopted May 7, 2008)
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ATTACHMENT 14
RESOLUTION OF INTENT
WHEREAS, dog custodians and dog owners have a responsibility to not only their dogs to assure
that they are properly cared for, but also to their neighbors to assure that their dogs do not become a
nuisance to the neighborhood as a result of excessive barking, odors, and other problems; and
WHEREAS, the Zoning Ordinance allows the keeping of dogs in commercial kennels and animal
shelters by special use permit in several commercial and industrial zoning districts (commercial kennels are
also allowed in the Rural Areas zoning district), and the special use permits include conditions that regulate
the operation of the kennel or shelter in order to address the impacts resulting from the use; and
WHEREAS, the Zoning Ordinance does not regulate the keeping of dogs as pets in the residential or
the Rural Areas zoning districts, provided that the number of dogs kept are subordinate and customarily
incidental to the primary residential use so that the use may be allowed as an accessory use; and
WHEREAS, the intensity of an accessory use such as the keeping of dogs on residentially-zoned
lots or on lots five (5) acres or less in size in the Rural Areas zoning district may exceed a threshold where
the number of dogs is no longer subordinate and customarily incidental to the primary residential use, and, as
the intensity of the use increases, the potential for adverse impacts to neighbors may increase; and
WHEREAS, in order to facilitate the creation of a convenient, attractive and harmonious community,
it is desired to amend the Zoning Ordinance to establish the maximum number of adult dogs that will be
allowed as accessory to a primary residential use.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution
of intent to amend Zoning Ordinance §§ 3.1, 10, 13, 14, 15, 16, 17, 18, 19, 20 and 20A and any other
regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
40
ATTACHMENT 15
CONDITIONS OF APPROVAL ON PLANNING ITEMS
PROJECT: SP-2007-064. Camp Watermarks (Sign #29).
1. The improvements, and the scale and location of the improvements authorized by Special Use Permit
2007-64 Camp Watermarks, shall be in general accord with the concept application plan dated
February 15, 2008, prepared by Angela and Travis Critzer, and titled “Watermarks Christian Ministries
Camp” (Attachment A). However, the Zoning Administrator may approve revisions to the concept
application plan to allow compliance with the Zoning Ordinance;
2. Compliance with the Virginia Statewide Fire Prevention Code shall be verified by the Fire Marshall
prior to issuance of a zoning compliance clearance;
3. Amendment of the building permit for a storage building (permit # 2007-2448 NNR), as shown on the
concept application plan (Attachment A), shall be required to allow overnight occupancy of staff, as
well as other camp uses;
4. Prior to issuance of the zoning compliance clearance, compliance with the Virginia State Department
of Health (VDH) regarding minimum septic requirements shall be required. The VDH shall re-review
the status of septic standards within one year of the date of the approval of the special use permit. At
that time, and if necessary, systems shall be upgraded or enrolment reduced based on VDH
recommendations;
5. Prior to issuance of the zoning compliance clearance, compliance with the Virginia State Department
of Health regarding kitchen and food service approvals shall be verified;
6. Total number of staff (in addition to the applicant and their family) on site at one time shall be limited
to twenty (20);
7. Camp sessions shall be limited to a maximum of sixteen (16), each one (1) week long, overnight
sessions per year;
8. The maximum number of children per session shall be limited to seventy five (75);
9. The maximum number of bus or van trips (round trips) to and from the camp, each week long session
shall be six (6). Bus or van trips shall be the primary means of transportation for the children;
10. Five food deliveries by truck shall be permitted per week long session;
11. Camp activities are permitted on Tax Map 136, Parcels 6B, 9, 9A2, 9D, 9D1, 9E;
12. Outdoor amplified sounds or bull horns shall be prohibited;
13. Compliance with the Virginia State Department of Health regarding water supply shall be verified by
the Health Department prior to issuance of a zoning compliance clearing and the commencement of
the special use. The VDH shall re-review the status of water standards within one year of the date of
the approval of the special use permit. At that time, and if necessary, systems shall be upgraded or
enrolment reduced based on VDH recommendations; and
14. This special use permit does not include approval for additional lighting subject to Chapter 18,
Section 4.17 of the Zoning Ordinance.
__________
PROJECT: SP-2007-065. Herring Property - Verizon Wireless PSWF (Signs #30&72).
1. Prior to issuance of a building permit, the applicant shall submit a tree conservation plan prepared by
a certified arborist. The plan shall be submitted to the agent for review and approval to assure that all
applicable requirements have been satisfied. The plan shall specify tree protection methods and
procedures, and identify all existing trees to be removed on the parcel for the installation, operation
and maintenance of the facility. Except for the tree removal expressly authorized by the agent, the
applicant shall not remove existing trees within the lease area or within one hundred (100) feet in all
directions surrounding the lease area of any part of the facility. In addition, the agent may identify
additional trees or lands up to two hundred (200) feet from the lease area to be included in the plan;
2. The installation, operation and maintenance of the facility shall be conducted in accordance with the
tree conservation plan. Dead and dying trees identified by the arborist’s report may be removed if so
noted on the tree conservation plan. If tree removal is later requested that was not approved by the
agent when the tree conservation plan was approved, the applicant shall submit an amended plan.
The agent may approve the amended plan if the proposed tree removal will not adversely affect the
41
visibility of the facility from any location off of the parcel. The agent may impose reasonable
conditions to assure that the purposes of this paragraph are achieved;
3. All work shall be done in general accord with what is described in the applicant's request and site
construction plans, entitled “Afton, Herring Property”, with a final zoning drawing submittal date of
2/27/2008;
4. The facility shall be disassembled and removed from the site within ninety (90) days of the date its
use for personal wireless service purposes is discontinued. If the agent determines at any time that
surety is required to guarantee that the facility will be removed as required, the agent may require that
the parcel owner or the owner of the facility submit a certified check, a bond with surety, or a letter of
credit, in an amount sufficient for, and conditioned upon, the removal of the facility. The type and form
of the surety guarantee shall be to the satisfaction of the agent and the county attorney. In
determining whether surety should be required, the agent shall consider the following: (i) the annual
report states that the tower or pole is no longer being used for personal wireless service facilities; (ii)
the annual report was not filed; (iii) there is a change in technology that makes it likely that tower or
pole will be unnecessary in the near future; (iv) the permittee fails to comply with applicable
regulations or conditions; (v) the permittee fails to timely remove another tower or pole within the
county; and (vi) whenever otherwise deemed necessary by the agent;
5. The owner of the facility shall submit a report to the agent by no earlier than May or and no later than
July 1 of each year. The report shall identify each user of the existing structure, and include a
drawing, photograph or other illustration identifying which equipment is owned and/or operated by
each personal wireless service provider. Multiple users on a single tower or other mounting structure
may submit a single report, provided that the report includes a statement signed by a representative
from each user acquiescing in the report; and
6. The following shall be submitted to the agent after installation of the monopole is completed and prior
to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the height of
the monopole, measured both in feet above ground level and in elevation above mean sea level,
using the benchmarks or reference datum identified in the application; and (ii) certification stating that
the lightning rod’s height does not exceed two (2) feet above the top of the monopole and width does
not exceed a diameter of one (1) inch.
42
ATTACHMENT 16
Onginal Proffers X
Amendment _____
PROFFER STATEMENT
ZMA No. ZMA-2007-00025
Tax Map and Parcel Number(s): 07000-00-00-03900
Owner(s) of Record: Wavertree Hall LLC
Date of Proffer Signature: March 26, 2008
145.33 acres to be rezoned from PRD Planned Unit Development to RA Rural Areas
Wavertree Hall LLC is the owner (the “Owner’) of Tax Map and Parcel Number 07000-00-00-03900 (the
“Property”) which is the subject of rezoning application ZMA No. ZMA 2007-00025, a project known as
“Wavertree Hall” (the “Project”).
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers
the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified
above. These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that
the conditions are reasonable.
1. There shall be no more than four single-family dwellings on the property. Other structures permitted
by right in the Rural Areas zoning district, and structures that are accessory to a permitted use in the Rural
Areas zoning district, are also permitted on the property. The property may be subdivided or partitioned into
not more than two parcels.
2. The property subject to this rezoning shall remain as “common area’ for the benefit and use of the
residents of Wavertree Hall Subdivision. The amenities, as they may exist within the subject property, shall
also remain and be maintained so that they are available for use by the residents of Wavertree Hall
Subdivision. These amenities consist of a twenty (20) foot walkway easement and a bark mulch path within a
ten (10) foot walkway easement, both as shown on the “Physical Survey Showing 145.33 Acres of Land-A
Portion of Wavertree Hall Farm,” prepared by Wm. Morris Foster, dated June 5, 1987, recorded in Deed Book
950, pages 185 and 186, a copy of which is attached hereto for reference. These matters are subject to
termination or amendment pursuant to the terms of 7.06 of the Wavertree Hall Farm Declaration of
Restrictions Covenants and Conditions Imposed By Christian Retreats, Inc. recorded in Deed Book 667,
beginning at page 101.
OWNER
Wavertree Hall, LLC
(Signed) Joseph R. Gladden
By: Joseph R. Gladden, Jr.
Title: Member-Manager
43
ATTACHMENT 17
ORDINANCE NO. 08-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, 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 III, District Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 11.3.1 By right uses
Chapter 18. Zoning
Article 3. District Regulations
Sec. 11.3.1 By right uses
The following uses shall be permitted by right in the MHD:
1. Uses relating to the operation of Monticello as a historic house museum and historic site as
follows:
a. Interpretative, educational and research uses such as tours; interpretive signs,
walking paths, displays and exhibits; classes, workshops, lectures, programs and
demonstrations; field schools and history-related day camps; and archaeological
laboratories.
b. Administrative and support activities including visitor ticketing and shuttle bus
operations, maintenance operations, equipment storage, vehicle maintenance and
refueling, security and general administration, and related support spaces and
offices.
c. Visitor amenities including: parking lots; travelways; public restrooms; food and drink
preparation and vending; picnic areas; walking paths and pedestrian bridges.
d. Display and sale of products related to Thomas Jefferson and the history of
Monticello.
e. Other uses not expressly delineated in subsection 1(a) through (d) authorized by the
zoning administrator after consultation with the director of planning and other
appropriate officials; provided that the use shall be consistent with the express
purpose and intent of the MHD, similar to the uses delineated in this subsection in
character, locational requirements, operational characteristics, visual impact, and
traffic generation.
2. Temporary events related to or supportive of the historic, educational or civic significance of
Monticello, such as, but not limited to the Naturalization Ceremony on the Fourth of July,
Thomas Jefferson’s Birthday celebration, summer speakers series, presidential inaugural
events, and commemorative events similar to the Lewis and Clark bicentennial.
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products,
including outdoor storage and display of horticultural and agricultural products, including
wayside stands for display and sale of agricultural products produced on the premises
(reference 5.1.19).
4. Establishment and changes to structures shown on the approved application plan:
44
a. Modification, improvement, expansion, or demolition of “modern structures” existing
on the effective date of this section 11.
b. Modification, improvement, re-creation, or restoration (including expansion) of
“historic or interpretive structures.”
c. Establishment of “new primary structures or features” identified as such on the
approved application plan.
5. Cemeteries.
6. Detached single-family dwellings, including guest cottages and rental of the same.
7. Side-by-side duplexes; provided that density is maintained and provided that buildings are
located so that each unit could be provided with a lot meeting all other requirements for
detached single-family dwellings except for side yards at the common wall. Other two-family
dwellings shall be permitted provided density is maintained.
8. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
9. Game preserves, wildlife sanctuaries and fishery uses.
10. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable laws.
11. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
12. Temporary construction uses (reference 5.1.18).
13. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12).
14. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
15. Agricultural service occupation (subject to performance standards in 4.14).
16. Divisions of land in accordance with section 10.3.
17. Tourist lodging (reference 5.1.17).
18. Mobile homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place a
mobile home on such property in order to maintain a full-time agricultural employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can be
issued in this event not to exceed twelve (12) months. The zoning administrator shall
be authorized to issue permits in accordance with the intent of this ordinance and
shall be authorized to require or seek any information which he may determine
45
necessary in making a determination of cases “a” and “b” of the aforementioned
uses.
19. Farm winery (reference 5.1.25).
20. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic
yards including all borrow pits and borrow areas on any one parcel of record on the adoption
date of this provision (reference 5.1.28).
21. Commercial stable (reference 5.1.03).
22. Stormwater management facilities shown on an approved final site plan or subdivision plat.
23. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
24. Monticello scholar residences, which shall be private lodging accommodations in multiple-
family dwellings for educators, academic fellows or scholars working on Jefferson related
research and/or programs, Montalto program participants, persons directly engaged in the
programming, research, or operation of Monticello as a historic museum and historic site, and
for a sole caretaker, provided that not more than three dwelling units shall be occupied at any
one time by persons directly engaged in the programming, research, or operation of
Monticello as a historic museum and historic site except during the semi-annual meetings of
the owner’s governing board.
46
ATTACHMENT 18
Original Proffer: X
Amendment:
Proffer Statement
Montalto
Date: April 21, 2008
ZMA #: ZMA 2007-00023 Montalto
Tax Map and Parcel Numbers: 07700-00-00-03100, 07700-00-00-031B0,
& 07800-00-00-025A0
329.68 acres to be rezoned from RA (Rural Areas)
to MHD (Monticello Historic District)
TJF Realty, LLC, a Virginia limited liability company, is the fee simple owner (the “Owner”) of tax map parcels
07700-00-00-03100, 07700-00-00-031B0, and 07800-00-00-025A0 (collectively, the “Property”), which is the
subject of zoning map amendment application number ZMA 2007-00023 known as “Montalto.”
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers
the conditions listed in this proffer statement, which shall be applied to the Property if the rezoning is
approved by Albemarle County. These conditions are proffered as part of the rezoning and it is
acknowledged that the conditions are reasonable.
This Proffer Statement shall relate to the two-page application plan entitled “Application Plan - Montalto
Zoning Map Amendment,” prepared by Draper Aden Associates, dated March 27, 2008 (the “Application
Plan”).
1. All outdoor lighting shall be arranged or shielded to reflect light away from the abutting properties.
2. Vehicular access to the Property shall be controlled during peak events that require off-site parking.
WITNESS the following signature:
TJF Realty, LLC
By: Thomas Jefferson Foundation, Inc., sole member
By: ____(Signed) Daniel P. Jordan___________
Daniel P. Jordan, President
47
ATTACHMENT 19
ORDINANCE NO. 08-17(2)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMWATER MANAGEMENT AND WATER
QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water
Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows:
By Amending:
Sec. 17-320 Types of development authorized in stream buffer
Sec. 17-321 Types of development which may be allowed in stream buffer by program authority
Sec. 17-322 Mitigation plans
Chapter 17. Water Protection
Article III. Stormwater Management and Water Quality
Sec. 17-320 Types of development authorized in stream buffer.
If otherwise authorized by the applicable regulations of the zoning ordinance, the following types of
development shall be allowed in a stream buffer, provided that the requirements of this section are satisfied:
A. A building or structure which existed on the date of adoption of this chapter may continue at
such location. However, nothing in this section authorizes the continuance, repair, replacement, expansion or
enlargement of such building or structure except as provided in sections 6 and 30.3 of the zoning ordinance.
B. On-site or regional stormwater management facilities and temporary erosion and sediment
control measures, provided that:
1. To the extent practical, as determined by the program authority, the location of such
facilities shall be outside of the stream buffer;
2. No more land shall be disturbed than is necessary to provide for construction and
maintenance of the facility, as determined by the program authority;
3. The facilities are designed and constructed so as to minimize impacts to the
functional value of the stream buffer and to protect water quality; and
4. Facilities located within a flood plain adhere to flood plain regulations of the county
and are designed and located, to the extent practical, to maintain their water quantity and/or water quality
control value, according the standards of this article, during flood conditions.
C. Water-dependent facilities; water wells; passive recreation access, such as pedestrian trails
and bicycle paths; historic preservation; archaeological activities; provided that all applicable federal, state
and local permits are obtained.
D. Stream crossings of perennial and intermittent streams for roads, streets or driveways,
provided the following requirements are addressed to the satisfaction of the program authority:
1. Bridges and culverts shall satisfy the following:
a. For crossings of perennial streams, bridges, arch culverts, or box culverts
shall be used for the stream crossing and sized to pass the ten (10) year storm without backing water onto
upstream properties. Bridges or culverts shall either leave the stream section, consisting of the stream bed
48
and the stream bank, undisturbed or shall allow the stream to return to a natural stabilized cross-section upon
completion of installation. The lowest interior elevation of the culvert (the culvert invert) shall be a minimum of
six (6) inches below the stream bed. Culvert walls and bridge columns should be located outside the stream
banks wherever possible;
b. For crossings of intermittent streams, bridges or culverts shall be used for the
stream crossing and sized to pass the ten (10) year storm without backing water onto upstream properties;
2. Stream stabilization and energy dissipation measures below each bridge or culvert
shall satisfy the standards for stream bank stabilization and outlet control provided in the county’s design
standards manual;
3. The stream buffer disturbance shall be the minimum necessary for the lot(s) to be
used and developed as permitted in the underlying zoning district and under the applicable regulations of the
subdivision ordinance. Stream crossings shall not disturb more than thirty (30) linear feet of stream for
driveways and sixty (60) linear feet for roads or streets, provided that the program authority may allow
additional length of stream disturbance where fill slopes or special conditions necessitate additional length;
4. The stream bed and stream banks shall be stabilized within seven (7) days from the
start of backfilling for the bridge or culvert;
5. For stream crossings where any portion of the pre-construction stream buffer is not
fully vegetated as determined by the program authority, and for any portion of a vegetated stream buffer that
is disturbed during the installation of the stream crossing, buffer vegetation shall be established and
maintained within the stream buffer but outside of the stream crossing at a ratio of two (2) square feet of
stream buffer restored for every one (1) square foot of stream buffer that was either not fully vegetated or is
disturbed during the installation of the stream crossing. Buffer vegetation shall be established and maintained
at the 2:1 ratio to the extent that the stream buffer is fully vegetated outside of the stream crossing, provided
that the owner shall not be required to establish vegetation outside of the stream buffer in order to satisfy the
2:1 ratio. The program authority may require that the owner enter into an agreement providing for the ongoing
maintenance of the plantings in the stream buffer, and may require a bond with surety or other acceptable
instrument, which agreement and bond with surety or other acceptable instrument shall be of a substance and
in a form approved by the program authority and the county attorney. Stream buffer plantings shall be
consistent with guidance supplied by the program authority;
6. In order to assure that the encroachment into or across the stream buffer is
minimized, on and after May 7, 2008, it shall be presumed that one stream crossing is adequate to serve the
owner’s lot(s) existing on that date and all lots created therefrom on and after that date. The program
authority shall allow only one stream crossing to serve all lots, provided that it may allow additional crossings
under section 17-321(4);
7. The owner shall provide the program authority with copies of approved federal and
state permits associated with the stream crossing, if applicable.
(§ 19.3-44, 2-11-98; § 19.2-7, 6-19-91, § 7; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-7, 19.2-8, 19.3-44;
Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference--Va. Code § 10.1-2108.
Sec. 17-321 Types of development which may be allowed in stream buffer by program authority.
Development in a stream buffer may be authorized by the program authority in the circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the program authority
pursuant to section 17-322:
1. on a lot which is located within a development area but is not within a water supply protection
area: within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest from the stream);
49
2. on a lot which is located within a water supply protection area or other rural land: within the
fifty (50) horizontal feet of stream buffer that is the most landward, but only for stormwater conveyance
channels or other necessary infrastructure, and only if such development is determined by the program
authority to be necessary to allow a reasonable use of the lot. In all cases under this paragraph, the building
site and the sewage disposal system shall be located outside of the stream buffer;
3. on a lot on which the development in the stream buffer will consist of a lake, pond, or
ecological/wetland restoration project;
4. on a lot on which the development in the stream buffer will consist of the construction and
maintenance of a road, street or driveway that would not satisfy the requirements of section 17-320(D) and
the program authority determines that the stream buffer would prohibit access to the lot necessary for the lot
to be used and developed as permitted in the underlying zoning district and under the applicable regulations
of the subdivision ordinance, or to establish more than one stream crossing;
5. on a lot which was of record prior to the date of adoption of this chapter, on which the
development in the stream buffer will consist of the construction, installation and maintenance of water and
sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer
would prohibit the practicable development of such facilities or systems. Any such sewage disposal system
must comply with all applicable state laws; and
6. on a lot which was of record prior to the date of adoption of this chapter, if the stream buffer
would result in the loss of a building site, and there are no other available building sites outside the stream
buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.
(§ 19.3-45, 2-11-98; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-8, 19.3-45; Ord. 98-A(1), 8-5-98; Ord. 08-
17(1), 2-6-08; Ord. 08-17(2), 5-7-08)
State law reference--Va. Code § 10.1-2108.
Sec. 17-322 Mitigation plan if development allowed in stream buffer.
Each owner who seeks to develop in a stream buffer pursuant to section 17-321 shall submit to the
program authority for review and approval a mitigation plan as provided herein:
A. The owner shall submit a mitigation plan that satisfies the applicable requirements of this
section, the fee required by section 17-310, and a certification stating that all requirements of the approved
plan will be complied with. If the mitigation plan pertains to a road, street or driveway encroaching into or
crossing a stream buffer, it shall be submitted with and reviewed by the program authority in coordination with
the preliminary site plan or preliminary subdivision plat, if such a plan or plat is submitted or, if not, in
coordination with the final site plan or final subdivision plat, or building permit.
B. The mitigation plan shall be reviewed by the program authority to determine whether it
complies with the requirements of this section and all other requirements of this article. The program
authority shall approve or disapprove a mitigation plan within thirty (30) days that a complete plan was
accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is
disapproved, the reasons for such disapproval shall be stated in the decision.
C. Each mitigation plan shall:
1. identify the impacts of proposed development on water quality and lands within the
stream buffer;
2. ensure that, where development takes place within a stream buffer,: (i) the proposed
development shall be located on those portions of a site and in a manner that will be least disruptive to the
natural functions of the stream buffer; (ii) no more land shall be disturbed than is necessary to allow a
development that is permitted in the underlying zoning district under the applicable regulations of the
subdivision ordinance; (iii) indigenous vegetation shall be preserved to the maximum extent practicable,
consistent with the proposed development; and (iv) the impervious cover shall be minimized consistent with
50
the proposed development;
3. demonstrate and assure that development will be conducted using best management
practices; where best management practices require regular or periodic maintenance in order to continue
their functions, the program authority may require that the owner enter into an agreement providing for the
ongoing maintenance of the plantings in the stream buffer, and may require a bond with surety or other
acceptable instrument, which agreement and bond with surety or other acceptable instrument shall be of a
substance and in a form approved by the program authority and the county attorney;
4. specify mitigation which will address water quality and stream buffer impacts;
5. contain all other information requested by the program authority; and
6. where an owner seeks to establish more than one stream crossing as provided in
section 17-320(D)(6), demonstrate that the environmental impacts from the entire road, street or driveway
necessitated by a single stream crossing would be greater than the environmental impacts caused by an
additional crossing and its associated road, street or driveway. For the purposes of this subsection, the
environmental impacts considered by the program authority include, but are not limited to, impacts to soil, soil
erosion, stormwater quantity, water quality, loss of vegetated stream buffer, impacts to stream beds and
stream banks, the creation of impervious surfaces, and the disturbance of slopes of twenty-five (25) percent
or greater.
D. Each mitigation plan shall be evaluated by the program authority based on the following
criteria:
1. whether all reasonable alternatives to development in the stream buffer have been
explored and exhausted;
2. whether the development in the stream buffer is the minimum necessary and is
conducted in a manner that will be least disruptive to the natural functions of the stream buffer;
3. whether best management practices will effectively mitigate adverse impacts from the
encroachment on the stream buffer and its natural functions;
4. whether the design and construction of the development will satisfy the criteria in
subsections 17-322(C)(2) and (C)(3); and
5. for driveways, roads and streets, whether their alignment and design are optimized,
consistent with all other applicable requirements, to minimize encroachment in the stream buffer and adverse
effects on water quality.
(§ 19.3-46, 2-11-98; § 19.2-8, 6-19-91, § 8; § 19.1-13, 6-19-91, § 13; Code 1988, §§ 19.1-13, 19.2-8, 19.3-46;
Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference--Va. Code § 10.1-2108.