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ACTIONS
Board of Supervisors Meeting of September 3, 2008
September 5, 2008
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:01 a.m. by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan and Meagan Hoy.
4. Recognitions:
a. Recognition of Police Department
Reaccreditation.
• Chairman recognized reaccreditation of Police
Department by the Virginia Law Enforcement
Professional Standards Commission (VLEPSC).
b. Proclamation recognizing October 2008 as
Domestic Violence Awareness Month.
• Chairman read and presented proclamation to
Sarah Roth, a representative of the Shelter for
Help in Emergency (SHE).
c. Proclamation recognizing the 25th Anniversary
of the Literacy Volunteers of Charlottesville/
Albemarle.
• Chairman read and presented proclamation to
Mike Etchemendy, a representative of the
Literacy Volunteers.
(Attachment 1)
(Attachment 2)
5. From the Board: Matters Not Listed on the
Agenda.
Ann Mallek:
• Asked about the process for reporting and
paying for intake volumes of the water tankers
that fill the hydrants at the Airport and
Hydraulic Road. Asked if there could be a
program developed for area farmers, who are
running out of water, where they would not
have to go to Waynesboro to get water.
• Will be walking the land north of the Airport
with some of the neighbors and Airport
personnel to get a firsthand view. If other
Board members are interested in attending, let
her know.
• Future meetings have been planned in the
White Hall District to discuss the revalidation
forms and tax relief.
Dennis Rooker:
• Updated the Board on the meeting schedule
and progress of the Regional Transit Authority
Joint Working Group that he and Mr. Slutzky
serve on. The Group is considering requesting
a sales tax increment from State Legislators. If
the Legislators are not supportive of that
request, the Group will seek a package similar
to the Transportation Authorities in Northern
Virginia and Tidewater. In response to Mr.
Boyd’s concerns about any tax increases, Mr.
Rooker suggested adding this as an item for
Clerk: Add RTA funding options as agenda item
for discussion on September 10th.
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discussion on September 10th.
Sally Thomas:
• The Historic Preservation Committee will be
coming to the Board with an analysis of their
work. They will also bring forward a request for
the Board to consider an ordinance that will
slow down the demolition of historic properties.
• Mentioned a Historic Preservation and an
Automobile Association publication that had
several articles and advertisements on sites in
Virginia, but none of the articles pertained to
this region. Suggested the Tourism Board work
on this.
• If Board members are interested in looking at
the preliminary architectural designs for the
Crozet Library, she or Ms. Mallek can assist
them.
• The Rivanna River Basin Commission will be
coming to the Board with a report on analyzing
Best Management Practices.
• The South Fork Reservoir Stewardship Task
Force recently toured the Reservoir by boat.
She thanked staff for all their support of the
Task Force and UVA for organizing the tour.
• Stated that the Local Government Advisory
Commission to the Chesapeake Bay Program
have a pot of money for small watershed
grants. The Commission is interested in the
work of the Rivanna River Basin Commission
and there may be some financial help for study
projects.
David Slutzky:
• Commented that Item 7.5 on the Consent
Agenda (Resolution of Support of the Regional
Action Agenda for Housing) is not the work of
the Affordable Housing Task Force. The
Regional Action Agenda is the collaborative
work of all of the jurisdictions in the TJPDC.
The Housing Task Force is comprised of the
City, the County and the University, and will be
a more specific body of recommendations. He
then updated the Board on the work of the
Affordable Housing Task Force. The Task
Force hopes to be able to send a draft report to
the City and County Housing Committees in
the next couple of months, for them to refine
and then forward to Council, Board and the
University.
Ken Boyd:
• On September 11th, 7:00 p.m., he will hold a
community conversation with residents near
the Darden Towe Park to discuss
implementation of the softball lights.
• Asked Board support to encourage staff to
expedite the review process for the following
two projects: Stony Point Fire Department
Addition and an addition to a building being
built in the proximity of NGIC. SUPPORTED
Wayne Cilimberg/Mark Graham: Proceed with
expediting the review process for Stony Point
Fire Department Addition.
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staff expediting the process for Stony Point.
DELAYED making a decision on expediting
the process for the building near NGIC until
later in the meeting to allow Mr. Graham to
respond to issues raised by Board members.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Colette Hall expressed concerns about the
composition of the South Fork Reservoir
Stewardship Task Force.
7.0 Resolution: Disaster Declaration Due to Drought
Conditions.
• ADOPTED the attached Resolution.
Clerk: Forward Resolution to Governor, with copy
to Virginia Cooperative Extension and County
Attorney. (Attachment 3)
7.1 State Reductions in Aid to Localities for FY
2009 and FY 2010.
• APPROVED the County’s reduction election
and AUTHORIZED the County Executive to
submit letter and chart to the Virginia
Department of Planning and Budget.
County Executive: Proceed as approved.
7.2 County Facilities Revised Rental Application
and Rental Rate Increase.
• APPROVED the revised application and rate
adjustments.
General Services: Proceed as approved.
(Attachment 4)
7.3 Set public hearing to consider request to abandon
50-foot right-of-way on TMP 56-35 (Zinnser-Booth)
in the Crozet Community.
• SET public hearing for November 5th to
consider the requested abandonment.
Clerk: Schedule and advertise for November 5th.
Juan Wade: Provide Clerk with legal description.
7.4 Fiscal Year 2009 Performance Contract between
Region Ten & the Virginia Department of Mental
Health, Mental Retardation & Substance Abuse
Services (VDMHMRSAS).
• APPROVED the Fiscal Year 2009
Performance Contract between Region Ten &
the Virginia Department of Mental Health,
Mental Retardation & Substance Abuse
Services (VDMHMRSAS).
• Ms. Thomas and Ms. Mallek suggested a joint
meeting with the Region Ten Board to learn
more about their operations.
Bryan Elliott: Notify Region Ten of Board’s
action.
7.5 Resolution of Support of the Regional Action
Agenda for Housing.
• ADOPTED the Resolution of Support.
Clerk: Forward resolution to Ron White.
(Attachment 5)
7.6 Requested FY 2008 Appropriations.
• APPROVED budget amendment in the amount
of $269,089.45 and APPROVED FY 2008
Appropriation #2008083.
Clerk: Forward signed appropriations to Finance
and appropriate individuals.
7.7 Requested FY 2008 Appropriations.
• APPROVED budget amendment in the amount
of $256,761.00 and APPROVED FY 2009
Appropriations #2009012, #2009013,
#2009014, #2009015, #2009016, #2009017,
and #2009018.
Clerk: Forward signed appropriations to Finance
and appropriate individuals.
7.8 Personnel Policy Revisions: P-84 “Annual Leave”,
P-80 “Absences”, P-60, “Salary Administration and
Position Classification” and the addition of P-89
“Workers Compensation”.
• ADOPTED Resolutions, which approved
Clerk: Forward signed resolutions to Human
Resources and copy County Attorney’s office.
(Attachments 6, 7, 8 and 9)
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proposed changes to Personnel Policies P-84,
P-80 and P-60, and the addition of Personnel
Policy P-89.
• Mr. Slutzky asked for information on Human
Resources’ analysis on the financial impact of
the sick leave policy change.
7.9 Resolution of the Economic Development Authority
of Albemarle County, Virginia, authorizing the
issuance of up to $195,000,000 in revenue bonds
for Martha Jefferson Hospital and MJH Foundation.
• ADOPTED Resolution.
Clerk: Forward signed resolution to McGuire-
Woods and copy County Attorney’s office.
(Attachment 10)
7.10 Resolution to Allow Lighting of Darden Towe Park
Tennis Courts (deferred from August 13, 2008).
• ADOPTED Resolution.
Clerk: Forward signed resolution to Pat Mullaney
and copy County Attorney’s office. (Attachment
11)
8. Community Health Assessment, Lilian Peake.
• RECEIVED.
9. Natural Heritage Committee Annual Report.
• RECEIVED.
• Agreed to discuss possible support to the
Committee during budget considerations.
10. Update: Journey Through Hallowed Ground
Partnership, Cate Magennis Wyatt
• RECEIVED.
• Expressed support for Virginia Byway
designation.
David Benish: Provide report to Board on
October 1st.
11. Crozet Pool Funding Request.
• RECEIVED.
At 11:41 a.m., the Board recessed, and
reconvened at 11:48 a.m.
12. Old Crozet School Reuse Study.
• RECEIVED.
• Consensus that staff continue to explore the
community center concept, public-private
partnership and some interim use by private
sector until further consideration of the project
in the CIP process.
George Shadman: Proceed as indicated.
13. Request for donation to Gordonsville Branch
Library.
• Consensus NOT to fund the request.
County Executive: Notify Mayor Robert Coiner of
the Town of Gordonsville of Board’s decision.
14. Use Value Tax – Revalidation.
• SET public hearing for October 1st.
• Suggested staff hold an open house with
volunteers to assist individuals with filling out
the form; suggested statement indicating the
purpose of the program on the form; slight
change of wording for the forestry use; and set
out the late filing fee to make it more visible.
Board members to send any further
suggestions to Bruce Woodzell.
Clerk: Advertise public hearing for October 1st.
15. Request to set public hearings to amend the
Albemarle County Service Authority jurisdictional
areas:
a. Clifton Lake PRD – to provide water service to
Tax Map 79, Parcels 23 and 23F and Tax Map
79C, Parcel 1, located approximately 2,100 feet
southwest of the intersection of Rt. 250 and
Shadwell Road.
• Applicant requested deferral; NO ACTION
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taken by Board.
b. Robert and Carolyn Michie - to provide water
service to Tax Map 79, Parcels 17 and 17C
located on the north side of Route 250, near the
intersection of Route 250 and North Milton
Road.
• SET public hearing for October 1st.
c. Kirtley Property/University of Virginia – to
provide sewer service through a non-gravity line
to the existing warehouse building on Tax Map
59, Parcels 23B1. The property is located on
the north side of Route 250 West, adjacent to
the Northridge Building.
• SET public hearing for October 1st.
• Ms. Thomas said she would like to see an
agreement for a tree preservation plan since
protecting the trees is one of the reasons for
looking favorably upon this request.
Clerk: Advertise public hearing for October 1st.
Clerk: Advertise public hearing for October 1st.
16. Closed Meeting.
• At 12:48 p.m. the Board went into closed
meeting to consider appointments to boards,
committees, and commissions; to evaluate the
performance of a County department which
requires the discussion of the performance of a
specific individual; to consult with legal counsel
and staff regarding specific legal matters
requiring legal advice regarding an agreement
necessary to implement a funding source for
public safety services; and to consult with legal
counsel pertaining to probable litigation
regarding a conservation easement because
such consultation in an open meeting would
adversely affect the negotiating or litigating
posture of the County.
17. Certified Closed Meeting.
• At 2:39 p.m., the Board reconvened into open
session and certified the closed meeting.
18. Boards and Commissions: Appointments.
• REAPPOINTED Clifford Buys and Juan Wade
to the JAUNT Board, with said terms to expire
September 30, 2011.
• REAPPOINTED John Murphy, Rick Odem,
and Carleton Ray to the Natural Heritage
Committee, with said terms to expire
September 30, 2012.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
19a. VDOT Monthly Report.
Allan Sumpter updated Board members on issues
in their districts:
• The signal at State Farm Boulevard and
Route 250 is under construction, and should
be functional by the end of November.
• A signal will be installed at Burnley Station
Road, with a Fall completion date.
Sally Thomas:
• Buckingham Branch Rail Road bridge repairs
should begin during the week of September
15th, and the bridge will be closed for
approximately 2 weeks. Ms. Thomas
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requested a sign to alert drivers.
Ann Mallek:
• Public hearing and design have been
approved for the Advanced Mills Bridge, and
the next phase is approval of the right of way
plans, hopefully in the next two weeks.
19b. Transportation Matters not Listed on Agenda.
Sally Thomas:
• Asked about trimming trees on private roads.
She will communicate with the school bus
drivers as to how to deal with the problem.
• Asked for names and addresses related to
White Mountain Road, and Mr. Sumpter
advised that he will provide her with the
information.
Dennis Rooker:
• He is disappointed that bright green markings
for cross walks cannot be used in this area.
• Asked about the placement of illegal signs on
the roads, and Mr. Sumpter advised that
VDoT and County staff are currently working
on that issue.
Ann Mallek:
• Asked if Walnut Level Road was part of the
Rural Rustic Road program. Mr. Sumpter
said it is part of that program, and will be
completed this year
Clerk: Forward comments to Allan Sumpter.
20. Proposed issuance of general obligation
school bonds of Albemarle County in the
estimated maximum principal amount of
$30,765,000.
• ADOPTED Resolution to authorize the
issuance of bonds in the maximum principal
amount of $30,765,000 to finance certain
capital improvements for the County’s public
schools.
Clerk: Forward signed copies of resolution to
County Attorney’s office and Finance for further
action.
(Attachment 12)
21. Proposed ordinance to amend Section 4-100,
Definitions, and Article III, Licenses, of Chapter
4, Animals and Fowl, of the Albemarle County
Code.
• ADOPTED Ordinance, to be effective
November 1, 2008.
Clerk: Forward copy of signed ordinance to
County Attorney’s office and Finance.
(Attachment 13)
22. WPTA-2008-0003. Water Protection Ordinance.
• ADOPTED Ordinance.
Clerk: Forward copy of signed ordinance to
County Attorney’s office and Community
Development. (Attachment 14)
23. Alternative Funding for ACE.
• RECEIVED.
24. Community Development Fees – Subdivision
Ordinance.
• ADOPTED Resolution of Intent to amend the
Subdivision Ordinance.
Clerk: Forward copy of signed resolution to
County Attorney’s office and Community
Development. (Attachment 15)
25. ZTA-2006-001. Country Stores.
• DIRECTED staff to bring back a proposed
ordinance to include a canopy provision that
would not allow canopies over the gas pump.
Joan McDowell/David Benish: Proceed as
directed.
26. From the Board: Committee Reports and Matters
Ken Boyd:
• Continued the earlier discussion about fast
Mark Graham: Proceed as directed.
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tracking the proposed request for the NGIC
building, and the Board DIRECTED staff to
contact the owner and advise that staff needs
something in writing from his tenant
(NGIC/DIA) that indicates that there is a
contractual obligation or a need to have that
space occupied before the December/January
time frame, and also a reason as to why a
higher ceiling height would be required.
Ann Mallek:
• Gave staff a list of possible topics for the joint
ACSA/BOS meeting on September 10th, and
asked that the Board members rank the items.
Clerk: Proceed as directed.
27. Adjourn.
• The meeting was adjourned at 6:16 p.m. to
September 10, 2:00 p.m., in Room 241.
/mrh
Attachment 1 – Proclamation recognizing October 2008 as Domestic Violence Awareness Month
Attachment 2 – Proclamation recognizing the 25th Anniversary of the Literacy Volunteers of Charlottesville/
Albemarle
Attachment 3 – Resolution: Disaster Declaration Due to Drought Conditions
Attachment 4 – County Facilities Revised Rental Application and Rental Rate Increase
Attachment 5 – Resolution of Support of the Regional Action Agenda for Housing
Attachment 6 – Resolution: P-84 “Annual Leave”
Attachment 7 – Resolution: P-60 “Salary Administration and Position Classification”
Attachment 8 – Resolution: P-89 “Workers Compensation”
Attachment 9 – Resolution: P-80 “Absences”
Attachment 10 – Resolution: Economic Development Authority
Attachment 11 - Resolution to Allow Lighting of Darden Towe Park Tennis Courts
Attachment 12 – VPSA Bond Resolution
Attachment 13 –Ordinance to amend Section 4-100, Animals and Fowl
Attachment 14 – WPTA-2008-0003. Water Protection Ordinance
Attachment 15 – Resolution of Intent - Community Development Fees
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ATTACHMENT 1
Domestic Violence Awareness Month
Whereas, violence against women, children, and men continues to become more prevalent as a
social problem in our society; and
Whereas, the problems of domestic violence are not confined to any group or groups of people but
cross all economic, racial and societal barriers, and are supported by societal indifference;
and
Whereas, the crime of domestic violence violates an individual’s privacy, dignity, security, and
humanity, due to systematic use of physical, emotional, sexual, psychological and
economic control and/or abuse, with the impact of this crime being wide-ranging; and
Whereas, in our quest to impose sanctions on those who break the law by perpetrating violence, we
must also meet the needs of victims of domestic violence who often suffer grave physical,
psychological and financial losses; and
Whereas, it is victims of domestic violence themselves who have been in the forefront of efforts to
bring peace and equality to the home; and
Whereas, no one person, organization, agency or community can eliminate domestic violence on their
own—we must work together to educate our entire population about what can be done to
prevent such violence, support victims/survivors and their families, and increase support for
agencies providing services to those community members; and
Whereas, the Shelter for Help in Emergency has led the way in the County of Albemarle in
addressing domestic violence by providing 24-hour hotline services to victims/survivors and
their families, offering support and information, and empowering survivors to chart their own
course for healing; and
Whereas, the Shelter for Help in Emergency commemorates its 29th year of providing unparalleled
services to women, children and men who have been victimized by domestic violence;
Now, Therefore, Be It Resolved, that in recognition of the important work being done by the Shelter for
Help in Emergency, I, Kenneth C. Boyd, Chairman of the Albemarle County Board of
Supervisors, do hereby proclaim the month of October 2008 as DOMESTIC VIOLENCE
AWARENESS MONTH and urge all citizens to actively participate in the scheduled
activities and programs sponsored by the Shelter for Help in Emergency, and to work
toward the elimination of personal and institutional violence against women, children, and
men.
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ATTACHMENT 2
LITERACY VOLUNTEERS OF CHARLOTTESVILLE/ALBEMARLE
Celebrating its 25th Anniversary
WHEREAS, LITERACY VOLUNTEERS OF CHARLOTTESVILLE/ALBEMARLE (LVCA) is a non-profit
agency that offers free basic literacy and English as a second language, tutoring to adults
through recruitment, and training of volunteer tutors who work one-on-one with learners;
and
WHEREAS, LVCA helps adults living or working in Charlottesville become more productive workers,
parents, citizens, neighbors, and consumers; and
WHEREAS, LVCA believes the ability to read, write, and communicate is critical for adults to fully realize
their potential; and
WHEREAS, September 8 is National Literacy Day; and
WHEREAS, LVCA is celebrating its 25th Anniversary of service to adult learners;
NOW, THEREFORE, BE IT RESOLVED, that I, Kenneth C. Boyd, Chairman, on behalf of the Albemarle
County Board of Supervisors, do hereby recognize Literacy Volunteers of Charlottesville
Albemarle as an invaluable asset to our community and call this observance to the
attention of all our citizens.
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ATTACHMENT 3
Resolution Requesting that Albemarle County
Be Declared an Agricultural Disaster Area
Due to Drought Conditions
WHEREAS, the drought conditions in the County of Albemarle have severely affected farmers; and
WHEREAS, during the growing season of this year the County of Albemarle has received
considerably less rain than normal while experiencing unseasonably high temperatures; and
WHEREAS, the Albemarle/Charlottesville Extension Agent of the Virginia Cooperative Extension
has reported that corn, hay and pasture crops will have suffered between 35 percent and 50 percent losses
by the end of the year.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
requests that the County of Albemarle, Virginia be declared a drought disaster area as recommended by
the Virginia Cooperative Extension in accordance with the Virginia Farmer Major Drought, Flood and
Hurricane Disaster Act due to drought conditions.
BE IT FURTHER RESOLVED, that the County Executive forward this Resolution to the Governor
of Virginia with a request that he takes all necessary steps to effect the disaster declaration.
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ATTACHMENT 4
Application Number____________
APPLICATION FOR RESERVATION OF
ALBEMARLE COUNTY BUILDING AND GROUNDS
I (we) __________________________________________________________, on behalf of
__________________________________________________ (organization) (the “Applicant”), have read
and understand the attached rules and regulations and in accordance with same, I (we) hereby make
application for the use of Room ____________ (space wanted) on _________________ (date), between
the hours of ___________ and ___________ under the conditions indicated below:
1) The exact purposes, for which the space will be used, including the exact kind of equipment and
apparatus to be brought on the property and any special equipment desired to be used:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
___________________________________________________________
2) The following person(s) (include contact information) will be in charge of the program:
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________
3) The schedule of admission charges will be as follows:
_______________________________________________________________________________
_____________________________________________________________________
4) The proceeds from such charges will be distributed and used as follows:
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________
5) Number of anticipated people attending: _________________________________________
Number of anticipated parking spaces needed: _____________________________________
General Rules and Responsibilities of Individuals/Organizations Using County Facilities
On behalf of the Applicant, the undersigned acknowledges and hereby agrees to ensure
compliance with the following rules and responsibilities:
1. The rental fee shall be paid prior to the rental date.
2. A representative designated as the Applicant’s “responsible individual” shall remain on site
throughout the rental period.
3. The Applicant shall provide appropriate supervision of all the individuals using the facility (to include
the audience in case of performances).
4. The Applicant shall ensure all general and specific rules and regulations are adhered to, and
safeguard all County property entrusted into its care.
5. Only the room/facility specifically requested and paid for (and adjacent restrooms) shall be used.
6. Dais furniture shall not be moved or otherwise rearranged.
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7. No food or drink shall be brought into Lane Auditorium.
8. Other than guide dogs, hearing dogs, and service dogs for persons with disabilities, no animals
shall be allowed in County buildings, without the County’s prior consent.
9. No tobacco or alcohol shall be brought onto any County grounds or into any County facility.
10. Rental of Lane Auditorium shall not include the use of its audio/visual/recording /computer
equipment, except by Class 1 Departments (directly supervised by the County
Executive/Superintendent or sponsored by the Virginia Cooperative Extension). Other groups may
bring their own equipment, if desired.
11. The Applicant shall be responsible for all damage to County property and agrees to indemnify and
hold harmless the County and any of its employees or agents for any and all claims of any kind
asserted for any damage, loss, injury or death to persons or property arising out of the above use of
County property, including attorney’s fees. Nothing herein shall be construed as a waiver of the
sovereign immunity of the County.
Failure to adhere to these terms and conditions may be used as grounds to bar future use of
County facilities. Allowing a group/organization to use the County’s facilities does not constitute an
endorsement of the group/organization’s policies, beliefs or practices.
I hereby certify that I am authorized to sign on behalf of the Applicant. I assume full responsibility
for compliance with the above Rules.
Signed ________________________________________
(Applicant)
By ___________________________________________
Address _______________________________________
Phone Number ____________________________________
____________________________________________________________________________________
FOR OFFICE USE ONLY - ACTION TAKEN
1) ( ) Approved for use of Room ____________ on _____________________________
pending receipt of rental fee.
2) Total rental fee: $_________________ Due Date(s):____________________________
3) Classification:____________________________
4) ( ) Disapproved for reason described below:
_______________________________________________________________________________
___________________________________________________________________________
County of Albemarle
By: ___________________________________
(General Services)
9/30/99
Revised 7/3/02, 3/19/08, 09/03/08
* * * * * * * * * *
COMMUNITY USE OF COUNTY FACILITIES
A) Generally
1. The Board of Supervisors believes in the full and best possible utilization of the physical
facilities belonging to the citizens of the County. To achieve this end, the use of County
facilities for governmental, school and related activities, as well as by outside organizations and
groups, shall be encouraged when these activities will not interfere with the routine business of
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the County.
2. Proper protection, safety and care of County property shall be primary considerations in the use
of County facilities.
B) Eligible Organizations
1. The Board has classified various organizations and groups for the purposes of priority and the
charging of fees.
1. Classification
I. School and County government affiliated or related groups.
II. Youth agencies, educational, recreational, cultural, political, civic, charitable, social,
veteran’s or religious groups or organizations.
III. Profit making or private groups, organizations, or businesses.
2. Membership
The membership of any group or organization requesting the use of County facilities must
be largely from the County of Albemarle. This restriction shall not exclude the use of
certain facilities, as determined by the County Executive, by state and national
organizations that have a local sponsoring division of such organization.
3. Commercial Activities
Commercial use of County property by any organization or individual is expressly
prohibited.
C) Applications and Approval
1. Applications must be sponsored by reputable and established clubs, societies or organizations
that reasonably can be held responsible for the payment of charges, compensation for
damages to property and for use of the property in reasonable conformity with the regulations
on the application.
2. The Board authorizes the County Executive or his designee to approve all applications for the
use of County facilities that meet the requirements of the Board, that comply with implementing
regulations the County Executive deems necessary to protect County property and that do not
conflict with established business or commercial interests in the community. The County
Executive shall design such application forms as are required. The completed and signed form
shall be a binding agreement upon the applicant and the County.
3. No rental application will be considered more than six months prior to the desired rental date.
4. The County Executive or his designee reserves the right to cancel a rental contract up to ten
days prior to a scheduled rental.
5. The Lane Auditorium is available during business hours (8:00 a.m. – 5:00 p.m. Monday
through Friday) only if the applicant provides shuttle bus services or off-site parking for
participants of the meeting. On-site parking is not available for large meetings during business
hours.
6. The Lane Auditorium is not available on any day during which a local government board,
commission, or other duly appointed entity is scheduled to use the facility due to the possibility
of these meetings running beyond the scheduled end time.
7. Meeting rooms and Auditorium are not available on holidays, scheduled or declared, when the
County Office Building is closed.
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8. Reservations will automatically be cancelled when the County office buildings are closed due to
inclement weather or emergency conditions.
D) Fees (See Attachment)
1. The County Executive shall establish a minimum schedule of fees and may make additional
adjustments in the fees. The minimum schedule and additional adjustments shall be based
upon the classification of the group or organization, the facilities to be used, the size of the
group, the objectives of the organization, the approximate cost to the County and the purpose
for which the facility will be used.
2. In general, the County Office Building Rental Charges schedule (attached below) will apply.
3. A full rental fee shall be charged to all groups except Classification I when County facilities are
to be used for fund raising and/or when an admission charge is levied.
4. All fees must be paid at least seven (7) calendar days in advance, and the sponsoring
organization whose name appears on the application shall be held responsible for any and all
damages to property and equipment.
E) Protection of County Property
1. An employee of the County shall be on duty on the property at times when the facilities are in
use. No equipment or furnishings may be used or moved without the consent of the employee
in charge if such usage is not in conformity with the contracted agreement. The employee in
charge may expel any group if said group, after ample warnings, fails to adhere to the
provisions of their rental agreement.
2. The sponsoring organization shall be responsible for crowd control measures, including the
employment of police protection when required. Such control shall be arranged in advance
when deemed necessary by the County Executive or his designee.
F) Safety
1. Organizations and individuals using the facility shall be responsible for familiarizing themselves
with the nearest exits in case of emergency evacuation. Each conference room has a Fire
Escape Plan posted at its entrance which shows the primary and secondary escape routes.
G) Deposits
1. A cash bond or deposit may be required at the discretion of the County Executive or his
designee prior to use of the property.
Lane Auditorium Rental Charges
Classification Weekday-
Business Hours
Weekday-
Evening Weekends
I. County/Schools* No Charge No Charge No Charge
II. Youth agencies, educational,
recreational, cultural, political,
civic, charitable, social,
veteran’s or religious groups or
organizations
No Charge $18 custodial
charge
Fee: $175 flat fee plus $28/hr
Security/Custodial Personnel
Fee
Deposit: $150, to be returned.
upon satisfactory inspection
III. Profit Making or Private
Groups, Organizations or
Businesses
$175 flat fee plus
$18 custodial
charge
$175 flat fee
plus $18
custodial
charge
Fee: $175 flat fee plus $28/hr
Security/ Custodial Personnel
Fee
Deposit: $150, to be returned
upon satisfactory inspection.
15
* Departments directly supervised by the County Executive/Superintendent or sponsored by the Virginia
Cooperative Extension
The Lane Auditorium is available during business hours (8:00 a.m.-5:00 p.m. Monday through Friday) only if
the Applicant provides shuttle bus services or off-site parking for participants of the meeting. On-site
parking is not available for large meetings during business hours.
County Office Building Rental Charges (Other than for Lane Auditorium)
Classification Weekday-
Business Hours
Weekday-
Evening
Weekends
I. County/Schools* No Charge No Charge No Charge
II. Youth agencies, educational,
recreational, cultural, political,
civic, charitable, social,
veteran’s or religious groups or
organizations
No Charge $18.00
custodial
charge
Fee: $28/hr Security/Custodial
Personnel Fee
Deposit: $150, to be returned.
upon satisfactory inspection
III. Profit Making or Private
Groups, Organizations or
Businesses
$40.00 per hour
plus $18.00
custodial charge
$40.00 per
hour plus
$18.00
custodial
charge
Fees: $40.00 per hour plus
$28/hr Security/Custodial
Personnel Fee
Deposit: $150, to be returned
upon satisfactory inspection.
* Departments directly supervised by the County Executive/Superintendent or sponsored by the Virginia
Cooperative Extension
Additional Charges
1. Each additional room used shall incur an additional charge, pursuant to the above schedule.
2. Requests to set up additional chairs/tables shall incur a flat $18.00 charge.
3 Any meeting scheduled past 5:30 p.m. will be subject to the applicable custodial charge.
16
ATTACHMENT 5
Resolution in Support
of the Regional Action Agenda for Housing
WHEREAS, the Regional Housing Conference: “Finding Common Ground” was held on March 13,
2008 with participation from all localities in the Thomas Jefferson Planning District; and
WHEREAS, participants at that conference generated a number of ideas for action in our region;
and
WHEREAS, the Regional Housing Conference Planning Group and the Regional Housing Directors
Council have adopted the Regional Action Agenda for Housing coming out of that conference; and
WHEREAS, Albemarle County is committed to working with other localities and partners to find
realistic actions to address the unmet needs for affordable housing in the region;
NOW, THEREFORE, BE IT RESOLVED THAT the County of Albemarle will send one or more
representatives to the follow-up event “Finding Common Ground: Call to Action” on October 30, 2008; and
BE IT FURTHER RESOLVED that the County of Albemarle will report on action items currently
underway in the County of Albemarle at the follow-up event; and
BE IT FURTHER RESOLVED that the County of Albemarle will identify at least one specific item
from the Regional Action Agenda for Housing to undertake, with partners as deemed appropriate.
17
ATTACHMENT 6
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, the proposed changes to Personnel Policy P-84, Annual Leave: 1) allow discretion for
new employees to accrue annual leave at higher rates with County Executive and Human Resources
approval; 2) change the schedule for monitoring maximum accrual of annual leave from a monthly to an
annual basis; 3) allow annual leave accrued over the maximum to convert evenly to the employee’s sick
leave balance and the County’s sick bank; and 4) make other appropriate updates and modifications; and
WHEREAS, the Board of Supervisors desires to adopt the revisions to Personnel Policy P-84.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County,
Virginia, hereby adopts Personnel Policy P-84, Annual Leave, of the County of Albemarle Personnel Policy
Manual, as attached hereto and incorporated herein, effective September 3, 2008.
* * * * * * * * * *
§P-84
COUNTY OF ALBEMARLE
PERSONNEL POLICY
§P-84 ANNUAL LEAVE
1. Accrual
All benefits-eligible regular employees of the County shall be granted annual leave by the County
as follows:
A. One day per month for each month employed during the first five (5) years of continuous
employment.
B. One and one-quarter days for each month employed during the sixth through the tenth (6-
10) years of continuous employment.
C. One and one-half days for each month employed during the eleventh through the fifteenth
(11-15) years of continuous employment.
D. One and three-quarter days for each month employed during the sixteenth through the
twentieth (16-20) years of continuous employment.
E. Two days for each month employed during the twenty-first through twenty-fifth (21-25)
years of continuous employment.
F. Two and one-quarter days for each month employed during the twenty-sixth (26th) and
succeeding years of continuous employment.
With the approval of Human Resources and the County Executive or his designee, a new
employee’s annual accrual rate at the date of hire may begin at a rate other than the starting rate
stated in section (A) above.
2. Use and Conversion of Unused Annual Leave
18
Employees are required to arrange use of paid annual leave in advance with their department head
or designee. In case of a conflict because of the work schedule in a particular department, leave
will be granted at the discretion of the department head or designee.
In the interest of fostering wellness for County employees, those employees with five or more years
of service must take at least five (5) days of annual leave per fiscal year. Supervisors shall work
with their employees to ensure that time is made available for annual leave.
On the anniversary of the employee’s birth month each year, any annual leave balance that is
above 320 hours automatically converts as follows: 50% to the employee’s own sick leave balance
and 50% donated to the County sick leave bank. The employee need not be a member of the
bank. In cases where annual leave is at risk of being converted, annual leave must be used for
time off prior to using compensatory leave.
Upon termination of employment, the employee will be paid for his accumulated but unused annual
leave. The maximum payout of annual leave will be 320 hours, except for the employees of
constitutional officers, who may not accumulate more than 240 hours of annual leave pursuant to
state law.
Amended: August 7, 1996; August 2, 2000; September 13, 2000; September 3, 2008
19
ATTACHMENT 7
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, the proposed changes to Personnel Policy P-60, Salary Administration and Position
Classification: 1) allow for more flexibility and for consideration of relevant experience and internal equity in
determining pay for promotions, demotions, voluntary movement to a lower pay grade and reclassifications;
and 2) make other appropriate updates and modifications; and
WHEREAS, the Board of Supervisors desires to adopt the revisions to Personnel Policy P-60.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County,
Virginia, hereby adopts Personnel Policy P-60, Salary Administration and Position Classification, of the
County of Albemarle Personnel Policy Manual, as attached hereto and incorporated herein, effective
September 3, 2008.
* * * * * * * * * * *
§P-60
COUNTY OF ALBEMARLE
PERSONNEL POLICY
§P-60 SALARY ADMINISTRATION AND POSITION CLASSIFICATION
The County Classification and Pay Plan governs the classification and compensation of positions in County
employment, and is maintained by the Human Resources Department.
The Pay Plan adopted by the Board of Supervisors is directly linked to the Classification Plan and will be
based on the principle of equal pay for equal work. The Board will maintain a salary administration program
will provide for payment of salaries and for recognition of and reward for differences in individual ability and
performance.
Procedure for Salary Administration and Position Classification
A. Class specifications are written descriptions of each position which include general statements of
the duties, responsibilities, and qualifications necessary for that position. A class specification will
be developed for each position and supervisors are to ensure that it is an accurate reflection of that
position.
B. Like classifications will be grouped in terms of common elements:
1. Job Complexity
2. Education and Experience
3. Scope and Impact
4. Supervision Received
5. Working Relationships
6. Working Environment
7. Physical Demand
This grouping will be determined by a system of point values arrived upon in the analysis of each
job.
20
C. It is the responsibility of the department head/designee to maintain equitable and properly
evaluated positions within his/her department. Newly created positions or major changes in the
functions or responsibilities of an existing position shall be reported to the Director of Human
Resources in order to initiate an evaluation study to establish a new position or reclassify an
existing position.
D. All position classifications and reclassifications must be approved prior to placement on a salary
range. Recommendations must be approved by the County Executive or his designee.
E. Salary ranges consisting of a minimum, midpoint, and maximum salary will be established for each
class of positions based on the policies of the Board as well as information about similar positions
in the community and, where appropriate, compared with similar positions within the state.
F. Human Resources will ensure that the plan is kept current through periodic reviews and
comparative studies of pertinent factors affecting levels of pay.
G. Entrance Pay Rate – The entrance pay rate shall normally be the minimum rate in the pay range
prescribed for the class. When a prospective employee has relevant experience and education
beyond position requirements that would warrant placement above the minimum rate, the following
will be used as a guide for this placement:
Less than 12 months’ relevant experience Minimum Range
1 year to less than 3 years’ relevant experience ≤5% Above Minimum
3 years to less than 5 years’ relevant experience ≤10% Above Minimum
5 years to less than 7 years’ relevant experience ≤15% Above Minimum
7 or more years’ relevant experience ≤20% Above Minimum
The County Executive is authorized to hire employees at any point within the salary range based on
market conditions and the qualifications of the individual.
H. Pay Rate Adjustment – The following personnel actions shall affect the pay status of an employee
in the manner described:
1. Promotion – When an employee is promoted from one class to another having a higher pay
range and additional responsibilities, the employee may receive an increase of up to ten
percent or that rate which would be granted to a newly hired employee as stated in
paragraph G above with consideration given to internal equity and relevant experience.
Promotions can only occur if (a) there is a vacancy in the higher pay range or (b) additional
positions in the higher class are approved in the budget cycle for implementation in the next
fiscal year.
2. Demotion – When an employee is demoted from one class to another having a lower pay
range, the employee shall be placed within the lower range with consideration given to
internal equity and relevant experience. If an employee is reassigned for administrative
purposes through no fault of the employee, his rate of pay shall remain the same. Only in
such cases, if the employee’s salary exceeds the maximum of the range, the rate of pay
shall remain the same until the range changes, as a result of subsequent market studies
and/or reclassifications, to the extent that the employee’s salary then matches the new
range for his position/job classification.
3. Voluntary Movement to a Position in a Lower Pay grade – When an employee chooses to
move to/apply for a position in a lower pay grade, he or she may be subject to a reduction
in pay, based upon internal equity considerations and other relevant factors.
4. Reclassification – When an employee is reclassified from one range into a higher range,
the employee will receive a pay rate increase. The increased amount will be based upon
the factors identified in section b, as well as internal equity considerations and the level of
variance from the current position.
21
5. Completion of Probationary Period – Upon successful completion of their initial
probationary periods, employees will:
i. If hired on or before November 1st of a fiscal year, receive a prorated salary
increase effective the following July 1st, earned by their participation in the regular
merit evaluation cycle; or,
ii. If hired on or after November 2nd of a fiscal year, receive a prorated salary increase
based on the budgeted new increase in the fiscal year, as outlined on the Exhibit
which accompanies this policy. Probationary salary increases will only be awarded
for successful completion of the employee’s initial probationary period. Successful
completion of subsequent probationary periods, as may be required in accordance
with Policy P-23, will not result in subsequent probationary increases.
6. Shift Differential – When an employee is assigned to work evening/midnight shifts, a pay
differential will be paid as follows:
Evening: 4:00 p.m. – 12:00 a.m.: 4% of base salary for the position
Midnight: 12:00 a.m. – 8:00 a.m.: 5% of base salary for the position
Employees must be assigned to a shift to be eligible for the differential. If an employee
works a shift that encompasses both daylight, evening or midnight shifts, the differential will
be paid based on the majority of hours worked in the respective shift.
I. Temporary work in a higher classification - All regular employees who are assigned temporary work
in a higher pay grade position shall be paid the minimum rate of the higher classification (but no
less than 5% above their regular rate) for those hours of such assignment if the assignment
exceeds ten (10) consecutive work days.
These temporary assignments with higher pay may be made only in situations when the work
requires the designation of an employee in the higher classification by the department head or
County Executive/designee and are not intended to apply to occasional assignments of supervisory
or administrative responsibility.
When it can be substantiated that the salary of an employee is significantly below the average
salary of the relevant market for the position, or the scope of the position has expanded
considerably, an in-range equity adjustment may be granted. Requests for adjustments will be
submitted by the employee’s supervisor to Human Resources, which will review the request based
on the following factors: (1) an identification of the position’s relevant market; (2) internal equity; (3)
degree of position expansion; and (4) other relevant considerations. Human Resources will use
this information to make a recommendation to the County Executive/designee, who shall have the
sole authority to approve any adjustment to an employee’s salary based on this process.
Adopted: July 1, 1993
Amended: September 13, 1993; June 19, 1995; July 8, 1996; December 8, 1997, September 3, 2008
22
§P-60
EXHIBIT
EXAMPLE OF PRORATED MERIT FOR NEW EMPLOYEES
Hire Date End Probation Merit Increase July 1st Date of Increase Amount of
Increase
The following employee would participate in the regular evaluation cycle and receive
an increase July 1:
July 1 December 31 12/12 x merit earned July 1 $600
August 1 January 31 11/12 x merit earned July 1 $550
September 1 February 28 10/12 x merit earned July 1 $500
October 1 March 31 9/12 x merit earned July 1 $450
November 1 April 30 8/12 x merit earned July 1 $400
The following employee would not participate in the regular merit program, but would
receive an increase based on the payout percentage
December 1 May 31 7/12 x payout percentage July 1 $350
January 1 June 30 6/12 x payout percentage July 1 $300
February 1 July 31 5/12 x payout percentage August 1 $250
March 1 August 31 4/12 x payout percentage September 1 $200
April 1 September 30 3/12 x payout percentage October 1 $150
May 1 October 31 2/12 x payout percentage November 1 $100
June 1 November 30 1/12 x payout percentage December 1 $ 50
23
ATTACHMENT 8
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, the proposed Personnel Policy Manual changes: 1) discontinue supplementing
workers’ compensation benefits through direct payment of 33 1/3% of employees’ daily wages; 2) allow
employees to supplement their 66 2/3% workers’ compensation benefits with accrued sick, annual and
compensatory time leave for up to 1/3 of the daily hours they are normally scheduled to work; and 3) make
other appropriate updates and modifications; and
WHEREAS, the Board of Supervisors desires to adopt these Personnel Policy revisions.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County,
Virginia, hereby adopts Personnel Policy P-89, Workers’ Compensation, and amends Personnel Policy P-
80, Absences, as attached hereto and incorporated herein, effective September 3, 2008.
* * * * * * * * * *
§P-89
COUNTY OF ALBEMARLE
PERSONNEL POLICY
§P-89
WORKERS’ COMPENSATION
I. PURPOSE
This policy establishes procedures to administer benefits under the Virginia Workers’
Compensation Act (the “Act”), Title 65.2 of the Virginia Code.
II. POLICY
A. First 7 Days of Absence. In the event an employee misses work for a work-related injury or
illness that is compensable under the Act, the first seven (7) calendar days of absence are
not covered/paid by Workers’ Compensation. During this period, an employee may use
accrued sick leave. If sick leave is exhausted, the employee may use accrued annual
and/or compensatory leave in any order desired.
B. Absence After 7 Days. Starting the eighth (8) calendar day of absence due to a
compensable work-related injury or illness, the employee will receive 662/3% of his average
weekly wages as Workers’ Compensation income benefits. From the eighth day forward,
the employee may use accrued sick, annual and compensatory leave to supplement his
Workers’ Compensation income benefits, as follows:
1. The leave shall not exceed 1/3 of the employee’s normally scheduled, non-
overtime work hours on any shift.
2. Sick leave must be taken first. After sick leave is exhausted, the employee may
use accrued annual and/or compensatory leave in any order desired.
3. All leave must be accrued by the time of usage. Employees may not borrow
against future leave accrual.
4. The County’s Sick Leave Bank may not be utilized during this period.
24
C. Benefits After 21 Days of Absence. In the event that the absence exceeds twenty-one (21)
calendar days, the employee will be reimbursed for the first seven (7) calendar days by the
County’s Third Party Administrator for Workers’ Compensation at the calculated
compensation rate. The employee will be allowed to keep this reimbursement without
obligation to return any payments to the County.
D. Leave for Noncompensable Claims. Should a claim not be accepted by Workers’
Compensation as compensable, the employee may use all applicable leave for which he is
eligible.
E. Employer/Employee Insurance Contributions. The County shall continue all applicable
contributions toward retirement, life insurance, health insurance and dental insurance
during the period of time an employee is absent for a compensable injury/illness. It will be
the employee’s responsibility to make payment arrangements directly with the Payroll
Department for the employee’s contribution toward these benefits, as well as any other
optional programs to which the employee may be contributing.
F. Return to Work. Once the employee is released by his treating physician to return to work
in any capacity, he is expected to return to work. Depending upon the nature of the
medical restrictions, if any, and the staffing needs of the employee’s department, this return
may not necessarily be to the same position or duties worked by the employee at the time
of the injury/illness. Should the employee turn down or fail to perform offered work that he
is capable of doing, the County may take all actions permitted under law, including but not
limited to, contesting the employee’s entitlement to further Workers’ Compensation benefits
before the Virginia Workers’ Compensation Commission.
III. EMPLOYEE AND EMPLOYER RESPONSIBILITIES
A. Workers’ Compensation Third Party Administrator. The Workers’ Compensation program is
administered through a third party administrator. The Third Party Administrator handles all
employee claims and settlements after detailed consultation with the County’s
representative, including contested claims scheduled for a hearing before the Virginia
Workers’ Compensation Commission.
B. Employee Reporting. Employees are required to report immediately all work-related
injuries and illnesses to their supervisor. These include any injury that occurs while
working and any illness that the employee believes to be caused by his work. All incidents
shall be reported regardless of apparent significance and regardless of whether medical
attention was obtained. Late reporting by the employee can result in delayed or denied
Workers’ Compensation benefits.
C. Departmental Reporting. The employee’s department is responsible for:
1. Submitting an Employer’s Accident Report immediately upon notification by the
employee of a work-related injury or illness, or upon his knowledge of the event.
All reports must be submitted electronically within 24 hours of the accident or
injury.
2. Accurately recording time lost due to work-related injury or illness utilizing
appropriate leave code(s).
D. Assistance to Employees. The Human Resources Department is responsible for providing
information to employees with respect to workers’ compensation benefits. Human
Resources will also assist employees in completing necessary paperwork for submission to
the Third Party Administrator.
Adopted: September 3, 2008
25
ATTACHMENT 9
§P-80
COUNTY OF ALBEMARLE
PERSONNEL POLICY
§P-80 ABSENCES
The Board strives to keep attendance of employees at a maximum and absences at a minimum.
The Board recognizes, however, that absences are unavoidable and allows certain absences and absence
payments. The Board will establish policies that are meant to maintain the highest possible efficiency.
Allowance will be made to permit bona fide absences, and prevent employees who have been ill from
becoming a hazard to other employees by returning to work too soon.
Procedure for Compliance for Absences
A. It will remain the right of the department head/designee and the County Executive or designee to:
1. Authorize, or refuse to authorize in exceptional cases, the advance request of an employee
for permission to be absent.
2. Investigate absences.
3. Deny leave payment for absences in violation of any Board policy.
4. Impose reasonable disciplinary penalties upon employees who have abused their leave
privileges and who violate the provisions of the “Responsibilities of Employees” section of
this policy.
B. Responsibilities of Employees
Every employee of the County has the following obligations and responsibilities concerning
absence:
1. Request for Leave – When the need for being absent from work is known in advance, the
employee must notify his immediate supervisor as far in advance as possible on the Leave
Form provided by the Department of Human Resources.
2. Notice of Unexpected Absence – When an employee who has not given advance notice
finds that he cannot report to work, the employee must notify his supervisor prior to starting
time or within thirty (30) minutes of the regular starting time unless the department has
established other guidelines for notification. Employees should be aware of the notification
requirements of their departments. Upon returning to work, the employee must complete a
Leave Form as a record of absence.
3. Failure to Give Notice – Failure to give the notice required shall constitute cause for a
reasonable disciplinary penalty including cause for denial of absence pay allowance.
Unless an absence has been authorized in advance or an absence is unavoidable, every
employee shall be expected to be present and on time for his scheduled work.
C. Employees Returning to Work After Illness
Before an employee returns to work after an absence due to illness, the employee may be
requested to submit a medical release certifying the illness and that he is well enough to return to
work. This medical release shall be from the employee’s physician or, if required by the department
head, a physician designated by the Human Resources Department. In all instances, the employee
will be advised of the requirement prior to the employee being authorized to return to work.
D. Absences for urgent personal business, bereavement, or illness will be granted at the discretion of
the immediate supervisor and in compliance with Board policy. Sick Leave may be used for
bereavement leave for immediate family members. (See also Sick Leave, P-85) Bereavement
26
leave for non-immediate family members shall be covered by compensatory time, Annual Leave or
Unpaid Leave. (See also Annual Leave, P-84 and Unpaid Leave, P-82)
E. The Board recognizes the duty of every citizen to serve on a jury when requested and will allow
payment from the court for serving on jury duty. Employees serving jury duty will receive full salary
as well as retain compensation received from the court. Employees are expected to give notice of
jury duty and to report to work when jury is not in session. Employees who are subpoenaed to
appear as witnesses in legal proceedings in their capacity as County employees will be entitled to
treat time spent in such proceedings as compensable working time. However, employees who
initiate or are otherwise involved in private legal actions of any kind (excluding employee grievance
proceedings), whether such actions involve the County or not, will not be permitted to treat time
spent during working hours in connection with such actions as compensable working time. Such
employees will be required to use accrued compensatory time, Annual Leave or Unpaid Leave for
all hours spent in connection with such actions that occur during working hours.
F. Military leave of absence will be granted by the Board in accordance with existing state and federal
statutes. (See also Military Leave, P-83)
G. Breaks: There is no formal break time provided by Albemarle County. However, reasonable time
shall be provided for personal care and refreshments during the workday.
H. Lunch Time: A lunch period of at least thirty (30) minutes shall be provided to each full-time
employee and, unless prior supervisory approval is received, employees may not forego the lunch
period in order to shorten the workday. (See also Overtime/Compensatory Time, P-61/62)
I. Acceptable Attendance:
Acceptable attendance is a minimum expectation of all County employees. Department Heads are
responsible for monitoring attendance within their departments. Except as noted, when an
employee’s absenteeism exceeds four percent (4%) of available work time for Sick Leave, Unpaid
Leave, and/or unplanned use of compensatory time or Annual Leave, his department head is
responsible for investigating the absenteeism and taking appropriate action as necessary. Leave
taken under FMLA and/or Workers’ Compensation shall not be considered when determining
acceptable attendance. However, nothing shall prohibit the County from determining an
employee’s eligibility to return to employment once FMLA has been exhausted.
Amended: August 4, 1993, April 20, 2005, September 3, 2008
27
ATTACHMENT 10
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Economic Development Authority of Albemarle County, Virginia ("Authority") has
considered the application of Martha Jefferson Hospital and MJH Foundation, both nonprofit Virginia non-
stock corporations (collectively, "Martha Jefferson Health Services"), requesting the issuance of the
Authority's revenue bonds in an amount not to exceed $195,000,000 ("Bonds") to be issued in one or more
series from time to time to assist Martha Jefferson Health Services in financing or refinancing costs
associated with (1) the acquisition, construction, equipping and furnishing of an approximately 456,358
square foot, five-story replacement acute care hospital facility (the "Replacement Hospital") to consist of
approximately 176 beds to be located at the Peter Jefferson Place business office park near the intersection
of Willis Drive and Peter Jefferson Parkway in Albemarle County, Virginia, (2) working capital and routine
capital expenditures at the Replacement Hospital, (3) routine capital expenditures at Martha Jefferson
Health Services' existing three-story healthcare and medical office facility located at 595 Peter Jefferson
Parkway, Albemarle County, Virginia, in the Peter Jefferson Place business office park, and (4) costs of
issuance, reserve funds and capitalized interest related to the projects or the issuance of the bonds
(collectively, the "Project").
WHEREAS, the Authority held a public hearing on September 2, 2008, as required by Section
147(f) of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Virginia Code").
WHEREAS, Section 147(f) of the Code also provides that the governmental unit having jurisdiction
over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of
private activity bonds is located must approve the issuance of the bonds.
WHEREAS, the Authority issues its bonds on behalf of Albemarle County, Virginia ("County"); the
Project is to be located in the County; and the Board of Supervisors of Albemarle County, Virginia ("Board")
constitutes the highest elected governmental unit of the County.
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds.
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the
terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed
with the Board.
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board approves (i) the Project and (ii) the issuance of the Bonds pursuant thereto by
the Authority for the benefit of Martha Jefferson Health Services, as required by Section 147(f) of the Code
and Section l5.2-4906 of the Virginia Code to assist Martha Jefferson Health Services with the Project.
2. The approval of the Project and the issuance of the Bonds do not constitute an
endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or Martha
Jefferson Health Services.
3. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of Albemarle County, Virginia this 3rd day of September,
2008.
28
ATTACHMENT 11
RESOLUTION TO ALLOW LIGHTING
OF DARDEN TOWE PARK TENNIS COURTS
WHEREAS, the Albemarle County Board of Supervisors has received a citizen request to allow
the tennis courts at Darden Towe Park to be lighted; and
WHEREAS, Darden Towe Park is owned by both the County of Albemarle and the City of
Charlottesville; and
WHEREAS, the Darden Towe Park Agreement requires the mutual agreement of the County and
City before lighting of any competitive sport or recreation facility in the Park may occur; and
WHEREAS, County and City staff have recommended to the Darden Towe Park Committee that
lighting of the tennis courts be allowed; and
WHEREAS, the Darden Towe Park Committee recommended that the Board of Supervisors and
City Council each set this item for public hearing in order to receive input from the public prior to taking
action; and
WHEREAS, the Albemarle County Board of Supervisors held a public hearing on this matter on
August 13, 2008; and
WHEREAS, the Albemarle County Board of Supervisors finds that lighting of the tennis courts at
Darden Towe Park will benefit the community; and
WHEREAS, the Albemarle County Board of Supervisors will only consider a lighting plan to be
acceptable that includes full cut off lighting in strict accordance with the Outdoor Lighting provisions of the
County’s Zoning Ordinance, that is as energy efficient as possible, that allows the lighting to be on only
while the courts are in use, and that will automatically cut off lighting at 10:00 p.m.; and
WHEREAS, it is contemplated that private funding will be secured to fund the capital costs of the
lighting project.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
expresses its intent to allow the tennis courts at Darden Towe Park to be lighted, contingent upon approval
by the City of Charlottesville and the approval of an acceptable lighting and funding plan.
29
ATTACHMENT 12
RESOLUTION AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2008A,
OF THE COUNTY OF ALBEMARLE, VIRGINIA,
IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,765,000
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF
WHEREAS, the School Board (the “School Board”) of the County of Albemarle, Virginia (the “County”),
has, by resolution adopted on August 14, 2008, requested the Board of Supervisors (the “Board”) to authorize
the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and
WHEREAS, the Board has determined that it is necessary and expedient to borrow an amount not to
exceed $30,765,000 and to issue its general obligation school bonds for the purpose of financing certain capital
projects for school purposes; and
WHEREAS, the County held a public hearing, duly noticed, on September 3, 2008, on the issuance of
the Bonds in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the
“Virginia Code”); and
WHEREAS, the Bond Sale Agreement (as hereinafter defined) shall indicate that $30,765,000 is the
amount of proceeds requested (the “Proceeds Requested”) from the Virginia Public School Authority (the
“VPSA”) in connection with the sale of the Bonds; and
WHEREAS, VPSA’s objective is to pay the County a purchase price for the Bonds which, in VPSA’s
judgment, reflects the Bonds’ market value (the “VPSA Purchase Price Objective”), taking into consideration
such factors as the amortization schedule the County has requested for the Bonds relative to the amortization
schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other
market conditions relating to the sale of VPSA’s bonds; and
WHEREAS, such factors may result in the Bonds having a purchase price other than par and
consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds
Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or
(ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the
Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given
the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF ALBEMARLE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal
amount not to exceed $30,765,000 (the “Bonds”) for the purpose of financing certain capital projects for school
purposes, including without limitation, the projects as described in Exhibit B. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the
offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA
to be fair and accepted by the Chairman of the Board and the County Executive, either of whom may act
[that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase
price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount
authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and
market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested]. The
Chairman of the Board and the County Executive, either of whom may act and such other officer or officers
of the County as either may designate, any of whom may act, are hereby authorized and directed to enter
into a Bond Sale Agreement dated as of October 10, 2008 (the “Bond Sale Agreement”), with VPSA
providing for the sale of the Bonds to VPSA. The Bond Sale Agreement shall be in substantially the form
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submitted to the Board at this meeting, which form is hereby approved with such completions, omissions,
insertions and changes not inconsistent with this Resolution as may be approved by the officer executing
the Bond Sale Agreement, his execution to constitute conclusive evidence of his approval of any such
completions, omissions, insertions and changes.
3. Details of the Bonds. The Bonds shall be issued in fully registered form, dated the date of
issuance and delivery of the Bonds; shall be designated “General Obligation School Bonds, Series 2008A”;
shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15
beginning July 15, 2009 (each an “Interest Payment Date”), at the rates established in accordance with Section
4 of this Resolution; and shall mature on July 15 in the years (each a “Principal Payment Date”) and in the
amounts set forth on Schedule I attached hereto (the “Principal Installments”), subject to the provisions of
Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The County Executive is hereby authorized and
directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall
be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA for the corresponding
principal payment date of the bonds to be issued by VPSA (the “VPSA Bonds”), a portion of the proceeds of
which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not
exceed five and fifty one-hundredths percent (5.50 %) per annum. The Interest Payment Dates and the
Principal Installments are subject to change at the request of VPSA. The County Executive is hereby
authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the
request of VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount
authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than
December 31, 2028. The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal
Installments requested by VPSA as having been so accepted by the County Executive as authorized by this
Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten
bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the
Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium,
if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11:00 a.m.
on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption,
or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before
11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date
fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
(c) U.S. Bank National Association, Richmond, Virginia, is designated as bond registrar and
paying agent for the Bonds (the “Bond Registrar”). The County may, in its sole discretion, replace at any time
the Bond Registrar with another qualified bank or trust company as successor Bond Registrar.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming
due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by VPSA may be exchanged
that mature on or before July 15, 2018, are not subject to prepayment or redemption prior to their stated
maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2018, and the
definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2018, are
subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in
part, on any date on or after July 15, 2018, upon payment of the prepayment or redemption prices (expressed
as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set
forth below plus accrued interest to the date set for prepayment or redemption:
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Dates Prices
July 15, 2018, through July 14, 2019 101%
July 15, 2019, through July 14, 2020 100½
July 15, 2020, and thereafter 100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their
stated maturities as described above without first obtaining the written consent of VPSA or the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the
registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date
fixed for prepayment or redemption.
8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may
act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to
execute and deliver the Bonds and to affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if
any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are
hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied
and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject
to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the
interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be
without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to
the extent other funds of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board,
the County Executive and such other officer or officers of the County as either may designate, any of whom
may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds
Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing
such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue
Code of 1986, as amended (the “Code”), and applicable regulations relating to the exclusion from gross income
of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the
proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate
as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants
and representations contained therein and (ii) the County shall comply with the provisions of the Code so that
interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax
purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it
is in the best interests of the County to authorize and direct the Director of Finance to participate in the State
Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and
such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds
of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the
investment manager and the depository, substantially in the form submitted to the Board at this meeting, which
form is hereby approved, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officer executing such Proceeds Agreement, his execution to constitute
conclusive evidence of his approval of any such completions, omissions, insertions and changes.
12. Continuing Disclosure Agreement. The Chairman of the Board, the County Executive and
such other officer or officers of the County as either may designate, any of whom may act, are hereby
authorized and directed to execute a Continuing Disclosure Agreement, substantially in the form attached as
Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and
containing such covenants as may be necessary in order to show compliance with the provisions of the
Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended,
and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be
determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
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13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized
and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County.
14. Further Actions. The members of the Board and all officers, employees and agents of the
County are hereby authorized to take such action as they or any one of them may consider necessary or
desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby
ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
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ATTACHMENT 13
ORDINANCE NO. 08-4(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND ARTICLE III,
LICENSES.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III,
Licenses, as follows:
By Amending:
Sec. 4-100 Definitions
Sec. 4-300 Required
Sec. 4-301 Procedure for obtaining licenses
Sec. 4-302 Evidence of rabies vaccination prerequisite to issuance of license
Sec. 4-307 Effect of dog not wearing collar and tag as evidence
By Amending and Renumbering:
Sec. 4-303 Amount of license tax to Sec. 4-304 Amount of license tax
Sec. 4-304 When license tax payable to Sec. 4-305 When license tax payable, valid
Sec. 4-305 Payment of license tax subsequent
to summons to Sec. 4-306 Payment of license tax
subsequent to summons
Sec. 4-309 Display of receipts to Sec. 4-308 Display of receipts; collar and
tag to be worn; penalties
By Adding:
Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty
By Repealing:
Sec. 4-306 Term
Sec. 4-308 License to consist of receipt and metal tag
Sec. 4-310 License tags – Attachment to collar
Sec. 4-311 License tags – Contents
Sec. 4-312 License tags – Collar and tag to be worn by dog; exceptions
Sec. 4-313 License tags – Duplicate
Sec. 4-314 License tags - Kennels
Sec. 4-315 Penalties for violation of sections 4-312 and 4-314
Sec. 4-316 False statements
Sec. 4-317 Penalty for failure to obtain license
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal
without having secured another owner or custodian for the animal or by failing to provide the elements of
basic care as set forth in Virginia Code § 3.2-6503 for a period of five consecutive days.
(2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of
good animal husbandry, handling, production, management, confinement, feeding, watering, protection,
shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species,
condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering
or impairment of health.
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(3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the
animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and
condition of the animal.
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which is
of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each
animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of
each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by
excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal,
but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of
hibernation or fasting normal for the species.
(5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is
suitable for the species, age, condition, size, and type of each animal; provides adequate space for each
animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse
effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned;
enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats,
provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal
to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters
whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the
animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate
shelter.
(6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i)
easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal
position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is
tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and
size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as
to protect the animal from injury and prevent the animal or tether from becoming entangled with other
objects or animals, or from extending over an object or edge that could result in the strangulation or injury of
the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the
base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line.
When freedom of movement would endanger the animal, temporarily and appropriately restricting
movement of the animal according to professionally accepted standards for the species is considered
provision of adequate space.
(7) Adequate water. The term "adequate water" means provision of and access to clean, fresh,
potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at
suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species,
condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally
occurring states of hibernation or fasting normal for the species; and is provided in clean, durable
receptacles which are accessible to each animal and are placed so as to minimize contamination of the
water by excrement and pests or an alternative source of hydration consistent with generally accepted
husbandry practices.
(8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat from a releasing
agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding
the animal.
(11) Animal. The term "animal" means any domestic animal, including both agricultural and
companion animals, if not specified otherwise. For the purposes of article IV, “animal” means any species
susceptible to rabies.
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(12) Animal control officer. The term "animal control officer" means any person employed,
contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the
enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty
to animals, or seizure and impoundment of companion animals and includes any state or county police
officer, animal control officer, sheriff or other employee whose duties in whole or in part include
assignments which involve seizure or taking into custody of any dog or other animal.
(13) Animal shelter. The term "animal shelter" means a facility which is used to house or contain
animals and which is owned, operated, or maintained by a duly incorporated humane society, animal
welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to
the welfare, protection, and humane treatment of animals.
(14) Boarding establishment. The term "boarding establishment" means a place or establishment
other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered,
fed, and watered in exchange for a fee.
(15) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the
animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(16) Companion animal. The term "companion animal" means any domestic or feral dog, domestic
or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or
native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or
ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural
animals, game species, or any animals regulated under federal law as research animals shall not be
considered companion animals for the purposes of this chapter.
(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(18) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished
by a method that involves instantaneous unconsciousness and immediate death or by a method that
involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during
such loss of consciousness.
(19) Hearing dog. The term “hearing dog” means a dog trained to alert its owner by touch to
sounds of danger and sounds to which the owner should respond.
(20) Kennel. The term “kennel” means any establishment in which five or more canines, felines,
or hybrids of either are kept for the purposes of breeding, hunting training, renting, buying, boarding, selling,
or showing.
(21) Livestock. The term "livestock" includes all domestic or domesticated: bovine animals;
equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the
genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code § 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
(22) Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii)
keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(23) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(24) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.
(25) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility
operated for the same purpose under a contract with any county, city, town, or incorporated society for the
prevention of cruelty to animals.
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(26) Primary enclosure. The term "primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or
hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.
(27) Releasing agency. The term “releasing agency” means a pound, animal shelter, humane
society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity
or home-based rescue, that releases companion animals for adoption.
(28) Service dog. The term “service dog” means a dog trained to accompany its owner for the
purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or
support.
(29) Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of
reproducing.
(30) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate
for the age, species, condition, size and type of the animal.
(31) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a
duly licensed veterinarian.
(Code 1967, § 4-4; 4-13-88; Code 1988, § 4-4; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference—Va. Code §§ 3.2-6500, 6528.
ARTICLE III. LICENSES
Sec. 4-300 Required.
It shall be unlawful for any person other than a releasing agency that has registered as such
annually with the county to own a dog four (4) months old or older in the county unless such dog is licensed,
as required by the provisions of this article.
(Code 1967, § 4-17; 9-13-89; Code 1988, § 4-20; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code § 3.2-6524.
Sec. 4-301 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one year, two year, or three-year dog license by
making oral or written application to the director of finance or his designee, accompanied by the amount of
the license tax and a current certificate of vaccination as required by this chapter or satisfactory evidence
that such certificate has been obtained.
B. The director of finance or his designee shall license only dogs of resident owners or
custodians who reside within the county, and may require information to this effect of any applicant. Upon
receipt of a proper application and a current certificate of vaccination as required by this chapter or
satisfactory evidence that such certificate has been obtained, the director of finance or his designee shall
issue a license receipt, on which he shall record the name and address of the owner or custodian, the date
of payment, the year for which issued, the serial number of the tag, whether male or female, whether
spayed or neutered, or whether a kennel, and deliver the metal license tags or plates provided for herein.
Multi-year dog licenses may only be issued upon evidence that the certificate of vaccination is valid for the
duration of the multi-year license.
C. The director of finance or his designee shall retain the application information during the
period for which such license is valid, and shall be available for public inspection.
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D. It shall be unlawful for any person to make a false statement in order to secure a dog
license to which he is not entitled. Any person convicted of making a false statement in order to secure a
dog license to which he is not entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of
not more than two hundred fifty dollars ($250.00).
E. Any person convicted of failure to pay the dog license tax imposed by this division prior to
February 1 of any year or at such other time as may be required by this division on any dog four (4) months
of age or older and owned by him shall be guilty of a Class 4 misdemeanor and punished by a fine of not
more than two hundred fifty dollars ($250.00).
(Code 1967, § 4-18; 5-15-75; Code 1988, § 4-21; Ord. 98-A(1), 8-5-98, § 4-301; Code 1967, § 4-33; Code
1988, § 4-36; Ord. 98-A(1), 8-5-98, § 4-316; Code 1967, § 4-34; 4-13-88; 9-13-89; Code 1988, § 4-37; Ord.
98-A(1), 8-5-98, § 4-317; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code §§ 3.2-6527, 3.2-6530(B), 3.2-6587(A).
Sec. 4-302 What license shall consist of; evidence of rabies vaccination; duplicate tags.
A. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped
or otherwise permanently marked to show the county has issued the license and bear a serial number or
other identifying information prescribed by the county.
B. No dog license shall be issued for any dog unless there is presented to the director of
finance or his designee, satisfactory evidence that such dog has been inoculated or vaccinated against
rabies, as required by section 4-301, by a currently licensed veterinarian or currently licensed technician
who was under the immediate and direct supervision of a licensed veterinarian on the premises.
C. If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at
once apply to the director of finance or his designee for a duplicate license tag by presenting the original
license receipt. Upon affidavit of the owner or custodian before the director of finance or his designee that
the original license tag has been lost, destroyed or stolen, he shall issue a duplicate license tag. The owner
or custodian shall immediately affix the duplicate license tag to the collar of the dog. The director of finance
or his designee shall endorse the number of the duplicate and the date issued on the face of the original
receipt. The fee for a duplicate tag shall be one dollar ($1.00).
(Code 1967, § 4-19; Code 1988, § 4-22; Ord. 98-A(1), 8-5-98, § 4-302; Code 1967, § 4-25; 4-23-88; Code
1988, § 4-28; Ord. 98-A(1), 8-5-98, § 4-308; Code 1967, § 4-28; 4-13-88; Code 1988, § 4-31; Ord. 98-A(1),
8-5-98, § 4-311; Ord. 08-4(2), 9-3-08)
State law reference -- Va. Code §§ 3.2-6526, 6532.
Sec. 4-303 Veterinarians to provide treasurer with rabies certificate information; civil penalty.
A. Each veterinarian who vaccinates a dog against rabies or directs a veterinary technician in
his employ to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination
certificate. The veterinarian shall forward within forty-five (45) days a copy of the rabies vaccination
certificate or the relevant information contained in such certificate to the county’s director of finance.
The rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the
animal owner’s name and address, the species of the animal, the sex, the age, the color, the primary breed,
whether or not the animal is spayed or neutered, the vaccination number, and expiration date. The rabies
vaccination certificate shall indicate the locality where the animal resides.
B. It shall be the responsibility of the owner of each vaccinated animal that is not already
licensed to apply for a license for the vaccinated dog. If the director of finance determines, from review of
the rabies vaccination information provided by the veterinarians, that the owner of an unlicensed dog has
failed to apply for a license within 90 days of the date of vaccination, the director of finance shall transmit an
application to the owner and request the owner to submit a complete application and pay the appropriate
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fee. Upon receipt of the completed application and payment of the license fee, the director of finance or his
designee shall issue a license receipt and a permanent tag.
The director of finance shall remit any rabies vaccination certificate received for any animal owned
by an individual residing in another locality to the local treasurer for the appropriate locality.
Any veterinarian that willfully fails to provide the director of finance with a copy of the rabies
vaccination certificate or the information contained in such certificate may be subject to a civil penalty not to
exceed $10 per certificate. Monies raised pursuant to this subsection shall be placed in the county’s
general fund for the purpose of animal control activities including spay or neuter programs.
(Ord. 08-4(2), 9-3-08)
State law reference—Va. Code § 3.2-6529.
Sec. 4-304 Amount of license tax.
A. Dog license taxes shall be as follows:
1. Spayed Female/Neutered Male.
One year tag: Five dollars ($5.00)
Two year tag: Ten dollars ($10.00)
Three year tag: Fifteen dollars ($15.00)
2. Unspayed Female/Unneutered Male.
One year tag: Ten dollars ($10.00)
Two year tag: Twenty dollars ($20.00)
Three year tag: Thirty dollars ($30.00)
3. Kennel license Fifty dollars ($50.00) per block of ten dogs
B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a
blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or any
dog that is trained and serves as a service dog for a mobility-impaired person.
(Code 1967, § 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, § 4-23; Ord. 98-A(1), 8-5-98, § 4-
303; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code § 3.2-6528.
Sec. 4-305 When license tax payable, valid.
A. The license tax imposed on dogs by this article shall be due and payable no later than thirty
days after a dog has reached the age of four months, or no later than thirty days after an owner acquires a
dog four months of age or older and each year thereafter no later than January 31 of each year.
B. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between January 1 and October 31
of any year, a license tax for the current calendar year shall be paid forthwith by the owner.
C. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between November 1 and
December 31 or any year, the license tax for the succeeding calendar year shall be paid forthwith by the
owner and such license shall protect the dog from the date of payment of the license tax.
(Code 1967, § 4-21; 9-13-89; Code 1988, § 4-24; Ord. 98-A(1), 8-5-98, § 4-304; Code 1967, § 4-23; Code
1988, § 4-26; Ord. 98-A(1), 8-5-98, § 4-306; Ord. 08-4(2), 9-3-08)
39
State law reference-- Va. Code § 3.2-6530.
Sec. 4-306 Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to appear before the judge of the general
district court or other court for failure to pay the license tax within the time required shall not operate to
relieve such owner from any penalty for the violation of this article.
(Code 1967, § 4-22; Code 1988, § 4-25; Ord. 98-A(1), 8-5-98, § 4-305; Ord. 08-4(2), 9-3-08)
State law reference--Va. Code § 3.2-6536.
Sec. 4-307 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be
deemed to be unlicensed, and in any proceeding under this article, the burden of proof of the fact that the
dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the
dog.
(Code 1967, § 4-24; Code 1988, § 4-27; Ord. 98-A(1), 8-5-98; Ord. 08-4(2), 9-3-08)
State law reference-- Va. Code § 3.2-6533.
Sec. 4-308 Display of receipts; collar and tag to be worn; penalties.
A. Dog license receipts shall be carefully preserved by the owner and exhibited promptly on
request for inspection by any animal control officer or other officer. Dog license tags shall be securely
fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the
owner to permit any licensed dog four (4) months old or older to run or roam at large at any time without a
license tag. The owner of the dog may remove the collar and license tag required by this section when:
(i) the dog is engaged in lawful hunting;
(ii) the dog is competing in a dog show;
(iii) the dog has a skin condition which would be exacerbated by the wearing of a
collar;
(iv) the dog is confined; or
(v) the dog is under the immediate control of its owner.
B. The license tag for a kennel shall show the number of dogs authorized to be kept under
such license, and have attached thereto a metal identification plate for each of such dogs, numbered to
correspond with the serial number of the license tag. The owner of a kennel shall securely fasten the
license tag to the kennel enclosure in full view and keep one of the identification plates provided therewith
attached to the collar of each dog authorized to be kept enclosed in the kennel. Any identification plates not
so in use must be kept by the owner or custodian and promptly shown to any animal control officer or other
officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure, but
this shall not prohibit removing dogs therefrom temporarily while under the control of the owner or custodian
for the purpose of exercising, hunting, breeding, trial or show. A kennel shall not be operated in such
manner as to defraud the county of the license tax applying to dogs which cannot be legally covered
thereunder or to any manner which violates other provisions of this article.
C. The owner of any dog found running at large at any time of the year in violation of this
section, upon conviction, shall be guilty of a class 4 misdemeanor and punished by a fine of not more than
two hundred fifty dollars ($250.00).
(Code 1967, § 4-26; 4-13-88; Code 1988, § 4-29; Ord. 98-A(1), 8-5-98, § 4-309; Code 1967, § 4-31; 4-13-
88; Code 1988, § 4-34; Ord. 98-A(1), 8-5-98, § 4-314; Code 1967, § 4-32; 4-13-88; Code 1988, § 4-35; Ord.
98-A(1), 8-5-98; Ord. 05-4(1), 12-7-05, § 4-315; Ord. 08-4(2), 9-3-08)
40
State law reference--Va. Code §§ 3.2-6531, 3.2-6587(A).
This ordinance to be effective on and after November 1, 2008.
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ATTACHMENT 14
ORDINANCE NO. 08-17(4)
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. 17-319 Types of development exempt from duties to retain, establish or manage a stream buffer
Chapter 17. Water Protection
Article III. Stormwater Management and Water Quality
Sec. 17-319 Types of development exempt from duties to retain, establish or manage a stream
buffer.
The following types of development shall not be required to retain, establish or manage a stream
buffer, provided that the requirements of this section are satisfied:
A. The construction, installation, operation and maintenance of electric, gas and telephone
transmission lines, railroads, and activities of the Virginia Department of Transportation, and their
appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law
(Virginia Code §§ 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil
and Water Conservation Board.
B. The construction, installation, and maintenance by public agencies of water and sewer
lines, including water and sewer lines constructed by private interests for dedication to public agencies,
provided that:
1. To the extent practical, the location of such water or sewer lines shall be outside of
all stream buffer areas;
2. No more land shall be disturbed than is necessary to construct, install and maintain
the water or sewer lines; and
3. All such construction, installation, and maintenance of such water or sewer lines
shall comply with all applicable federal, state and local requirements and permits and be conducted in a
manner that protects water quality.
C. Silvicultural activities, provided that such activities are conducted in compliance with the
water quality protection procedures established by the Virginia Department of Forestry in its “Best
Management Practices Handbook for Forestry Operations.”
D. The construction, installation and maintenance of runways, taxiways, and other similar or
appurtenant improvements at public airports, including the expansion or extension of those improvements,
provided that all applicable federal, state and local permits are obtained.
(§ 19.3-43, 2-11-98; § 19.2-12, 6-19-91, § 12; Code 1988, §§ 19.2-12, 19.3-43; Ord. 98-A(1), 8-5-98; Ord.
08-17(4), 9-3-08)
State law reference--Va. Code § 10.1-2108.
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ATTACHMENT 15
RESOLUTION OF INTENT
WHEREAS, Section 14-203, Fees, of the Subdivision Ordinance (Chapter 14 of the Albemarle
County Code) establishes a schedule of fees for various subdivision and related applications and approvals
under the Subdivision Ordinance; and
WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the services provided
by the County in the implementation and administration of the Subdivision Ordinance; and
WHEREAS, the County has conducted an extensive fee study to determine the cost of services
provided by the County under the Subdivision Ordinance; and
WHEREAS, it is desired to amend Section 14-203 in order to establish a schedule of fees that is
adequate to cover the reasonable cost of the services provided.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good land development practices, the Albemarle County Board of Supervisors hereby
adopts a resolution of intent to amend Section 14-203 of the Subdivision Ordinance to achieve the purposes
described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the
zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the
Board of Supervisors at the earliest possible date.