HomeMy WebLinkAbout20090107actions 1
ACTIONS
Board of Supervisors Meeting of January 7, 2009
January 15, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.m. by the
County Executive, Mr. Tucker. All BOS
members were present. Also present were
Larry Davis, Ella Jordan and Meagan Hoy.
4. Election of Chairman.
• ELECTED David Slutzky for Calendar Year
2009.
5. Election of Vice-Chairman.
• ELECTED Ann Mallek for Calendar Year 2009.
6. Appointment of Clerk.
• REAPPOINTED Ella Jordan as Clerk and
REAPPOINTED Meagan Hoy as Senior
Deputy Clerk for Calendar Year 2009.
7. Set Meeting Times, Dates and Places for Calendar
Year 2007.
• SET as follows: first Wednesday of the month
at 9:00 a.m., second Wednesday of the month
at 6:00 p.m., with meetings to be held in the
County Office Building on McIntire Road. Set
the meeting dates for January 2010 for:
January 6 – 9:00 a.m., and January 13 – 6:00
p.m.
Clerk: Advertise in The Daily Progress and
post notice on door of Lane Auditorium.
8. Set Dates for Hearing Zoning Text Amendments
Requested by Citizens.
• SET as follows: September 9 and December
9, 2009 and March 10, and June 9, 2010.
Clerk: Advertise in The Daily Progress as
required by Section 33.10.2 of the Zoning
Ordinance.
9. Rules of Procedures, Adoption of.
• ADOPTED.
Clerk: Forward copy to County Attorney and
Community Development. (Attachment 1)
10. Boards and Commission Policy, Adoption of.
• ADOPTED.
(Attachment 2)
11. From the Board: Matters Not Listed on the
Agenda.
Ken Boyd:
• Congratulated Mr. Slutzky and Ms. Mallek for
their respective elections, and thanked Board
members for allowing him to serve as Chair for
the past two years.
Ann Mallek:
• Thanked Board and staff for help and guidance
during the past year.
• Asked for an update on the various issues and
items requested by Board members last year.
As part of this request Mr. Slutzky asked that
staff provide Board members with a list of
agenda items scheduled for their review on a
quarterly basis, and, also, a comprehensive list
of annual items that are scheduled during the
year.
• Mentioned the free television and recycling
event scheduled for Saturday, January 31,
2009, in front of Crutchfield at Rio Hill
Clerk: Provide listing to Board members.
2
Shopping Center.
Dennis Rooker:
• Commented that legislation for the proposed
Regional Transit Authority and funding have
been drafted by Legislative Services. Asked
that the resolution for the transportation
funding legislation be included on the Board’s
January 14th agenda.
Lindsay Dorrier:
• Thanked the many volunteers on the County’s
boards and commissions for their service.
Also thanked Mr. Tucker and staff for all the
work they do.
David Slutzky:
• Thanked Board members for giving him the
opportunity to serve as Chair.
Clerk: Include as agenda item.
12. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Bill Schrader, a member of the Library Steering
Committee for the new Crozet Library, asked
the Board to reconsider its decision to move
construction of the new library to FY 2013 and
instead put the money back into the CIP.
• Forrest Marshall asked the Board to honor
retiring Senator John W. Warner by naming the
Meadow Creek Parkway the John W. Warner
Parkway.
• Melissa Wiley, Director of Special Projects for
Piedmont Environmental Council, provided an
update on the Buy Fresh Buy Local Program.
• Neal Halverson and Ted Corcoran, of Locus
Foods of Virginia, asked for the Board’s
consideration of their proposal for funding from
the County’s Economic Opportunity Fund.
• Jeff Werner, of PEC, followed up on comments
made by Melissa Wiley concerning the Buy
Fresh Buy Local Program. Mr. Slutzky
suggested PEC prepare a summary
description of these community activities and
identify ways the County can be supportive.
• John Martin, commented that it was hard to
hear Board members speaking.
• Kay Jenkins, of JABA, spoke about using local
foods and encouraged the Board’s
consideration of the funding request for the
local food distribution hub.
• APPROVED, by a vote of 6:0, naming the
portion of the Meadow Creek Parkway located
in the County, subject to similar action by City
Council, the John W. Warner Parkway.
Clerk: Notify City Council of Board’s action.
13.2 FY 2009 Appropriations.
• APPROVED the budget amendment in the
amount of $1,460,874.54 and the approval of
the FY 2009 Appropriations #2009043,
#2009044, #2009045, #2009046, #2009047,
and #2009048.
Clerk: Forward signed appropriations to
Finance Department and appropriate
individuals.
13.3 Resolution Regarding the Commonwealth’s FY
2009-2010 Budget Shortfall.
Clerk: Forward copy of resolution to Governor
and County of Albemarle Delegates and
3
• ADOPTED resolution. Senators. (Attachment 3)
13.4 Resolution to accept road(s) in Woodlands
Subdivision into the State Secondary System of
Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and Form
AM-4.3 to Glenn Brooks. (Attachment 4)
13.5 Resolution to accept road(s) in Fishing Creek
Subdivision into the State Secondary System of
Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and Form
AM-4.3 to Glenn Brooks. (Attachment 5)
13.6 Resolution to accept road(s) in Fontana
Subdivision (Phase 4B) into the State Secondary
System of Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and Form
AM-4.3 to Glenn Brooks. (Attachment 6)
13.7 Voluntary Early Retirement Incentive Program
(VERIP) – Amendment of Personnel Policy §P-63,
Retirement.
• ADOPTED resolution.
Clerk: Forward copy of resolution to Human
Resources and County Attorney’s offices.
(Attachment 7)
13.8 Competitive Swimming Funding Requests.
• Board members indicated they would like to
receive a position from the School Board on
School use of the proposed facility.
14. Department of Social Services Advisory Board
Annual Report.
• RECEIVED.
15. Charlottesville Free Clinic/Health Department
Proposal.
• GRANTED, by a vote of 6:0, approval of the
CFC Board’s request to proceed with its plan
to renovate the existing Health Department
building to accommodate its medical clinic and
pharmacy as well as assume operation of the
Dental clinic in general accordance with the
November 2008 floor plans developed by the
architectural firm of Daggett and Grigg of
Charlottesville. AUTHORIZED staff to proceed
with development of a new lease with the
Health Department to extend the term of its
current Deed of Lease and allow for occupancy
of additional space by CFC.
• Board members suggested that CFC submit
the bid package to additional contractors as
may be appropriate.
Bryan Elliott: Proceed as approved. Bring
back amended lease for Board consideration at
future meeting.
16. Crozet Master Plan Five Year Update.
• ENDORSED, by a vote of 6:0, the Public
Participation Plan for the Crozet Master Plan
Five Year Update.
Community Development: Proceed as
approved. (Attachment 8)
RECESS. Board recessed at 10:47 a.m., and
reconvened at 10:58 a.m.
17. Economic Opportunity Fund Guidelines and
Proposals.
• CONSENSUS of Board to add the following
criteria: An analysis of the anticipated tangible
benefits to the community from the investment.
• SUPPORTED staff’s proposed guidelines to be
formalized for future consideration by the
Board.
• Expressed support for the local food
distribution hub proposal. Requested applicant
Susan Stimart: Formalize criteria and bring
back to Board when ready for their action.
Clerk: Schedule on agenda when ready to
come back to Board.
4
bring forward business plan.
18. Closed Session. Personnel and Legal Matters.
• At 11:55 a.m., the Board went into closed
session 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; and to consult with legal
counsel and staff regarding specific legal
matters requiring legal advice regarding
regional authorities.
19. Certified Close Session.
• At 2:04 p.m., the Board reconvened into open
session and certified the closed session.
20. Boards and Commissions: Appointments.
• APPOINTED Richard “Rit” Venerus to the Joint
Airport Commission with said term to expire
December 1, 2011.
• APPOINTED Richard Carter as the Jack
Jouett representative to the Albemarle County
Service Authority to fill an unexpired term
which will expire on December 31, 2009.
• REAPPOINTED Vernon Jones as the White
Hall representative to the Economic
Development Authority with said term to expire
January 19, 2013.
• REAPPOINTED Alan Collier (Rivanna), David
Cooke (Jack Jouett), Virginia Gardener (White
Hall), Rosa Hudson (Scottsville), and Alice Nye
Fitch (Samuel Miller) to the Equalization Board
with said terms to expire December 31, 2009.
• APPOINTED Martha DeJarnette to the
Housing Committee with said term to expire
December 31, 2010.
• APPOINTED Erika Castillo to the Jefferson
Area Disability Services Board as the
Albemarle County Local Government Official
representative.
• REAPPOINTED Joe Samuels to the ACE
Appraisal Review Committee with said term to
expire December 31, 2009.
• REAPPOINTED Steve Ashby to the
Community Mobility Committee with said term
to expire December 31, 2010.
• REAPPOINTED Deborah Van Eersel as the
UVA representative to the Housing Committee
with said term to expire December 31, 2011.
• REAPPOINTED Michael Gaffney to the
Rivanna Solid Waste Authority and the
Rivanna Water and Sewer Authority, as the
joint City/County representative, with said
terms to expire December 31, 2010.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
21a. VDOT Monthly Report.
• The safety implementations at Forest Lakes
are nearly complete.
• The Burnley Station signal has been put into
flash mode. Operation of the signal should
begin early next week.
5
• Regarding the Woodlands Road and Raes
Ford intersection, VDOT will be making that
intersection a four way stop, which will occur in
the Spring. VDOT will notify the public of the
change.
• VDOT staff is still working on the analysis of
Dry Bridge.
• Advance Mills Bridge advertisement date will
be January 13, 2009. VDOT hopes to have a
contract awarded in March.
• There will be a field inspection on Georgetown
Road on January 28, 2009. They hope to
have a public hearing in March.
• VDOT will be adding lowered speed limit signs
on Crozet Avenue and Route 240 South.
• The concern of pavement edge-lines in Crozet
has been reviewed by the VDOT traffic
engineering staff, and they will recommend
that edge-lines are put on that road.
• Crozet is a target area for tree trimming.
VDOT has attempted to get a contract, but
bids were above estimate.
• Update provided to Board members on the
financial picture regarding secondary road
funding.
21b. Transportation Matters not Listed on the Agenda.
Dennis Rooker:
• Commented that the State cuts on the primary
roads were comparable to the cuts on the
secondary roads.
Lindsay Dorrier:
• Asked what the chances were of the Federal
Government investing money into Virginia. Mr.
Sumpter said that VDOT is working on projects
that could fit into a stimulus package. The
projects VODT are looking at are ones that
could be under construction within six months.
Sally Thomas:
• Asked if trash pick-up had been contracted on
certain routes. Mr. Sumpter said that at this
time, service contracts have been put on hold
She suggested having citizen’s adopt more
roads.
Ann Mallek:
• Asked how long the bridge on Dickerson Road
will be a three ton bridge. Mr. Sumpter
advised there are no plans to do any other
improvements to it.
• Would like to know how much is in the bank for
Jarman’s Gap Road at this time.
Ken Boyd:
• Asked when the Rural Rustic Road Program
will come back to the Board. It will most likely
come to the Board in March or April.
• He and Mr. Slutzky attended a Culpeper
Transportation Board public hearing last night,
and he came away with the feeling that the
Meadow Creek Parkway and rail service
Clerk: Forward comments to Sue Kennedy
and Allan Sumpter.
6
funding will not be cut.
22. Virginia Community Development Block Grant
Program.
• SET, by a vote of 6:0, a public hearing for
Wednesday, April 1, 2009 for the second
required public hearing to review any proposed
applications.
Clerk: Schedule on April 1, 2009 agenda for
public hearing.
23. Route 20 Visitor's Center.
• ADOPTED, by a vote of 6:0, the attached
resolution, authorizing (1) the return of a one-
half interest in the Route 20 Visitors’ Center
property to the City of Charlottesville and (2)
the joint re-conveyance by the City and County
of the entire interest in that property to the
State Board for Community Colleges.
Clerk: Notify City of Board’s action.
(Attachment 9)
24. Request to grant sanitary sewer line easement
across Belvedere Boulevard.
• APPROVED, by a vote of 6:0, the proposed
easement and AUTHORIZED the County
Executive to sign the deed of easement on
behalf of the County after the deed has been
approved by the County Attorney with any
necessary changes.
County Attorney’s office: Provide Clerk with
copy of fully executed document.
(Attachment 10)
25. Ivy Creek Natural Area (ICNA) Tenant House
Lease.
• AUTHORIZED, by a vote of 6:0, the County
Executive to sign the attached proposed lease
agreement.
County Attorney’s office: Provide Clerk with
copy of fully executed document.
(Attachment 11)
26. ZTA2008-00003 Administrative Waivers
• DEFERRED, by a vote of 6:0, to January 14,
2009 meeting.
Clerk: Schedule on consent agenda for
January 14, 2009.
27. Work Session: CPA-2008-0004 – Economic
Development Policy Update.
• HELD.
• AUTHORIZED, by a vote of 6:0, the Economic
Development Policy be set for public hearing at
the earliest possible date.
Clerk: Schedule for public hearing on February
11, 2009.
28. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Ken Boyd:
• Asked for an update to the Board on the
TJPED Program, Business First.
• Asked about a letter he received regarding a
title search from Rick Carter. Mr. Davis
advised that after additional research is
completed, a public hearing will be scheduled.
Ann Mallek:
• Hopes the Board will continue to look at
process improvements.
• Hopes to revisit the single tree grading plan.
Dennis Rooker:
• Asked the County Attorney to draft a
resolution to request enabling legislation to
fund transportation. Mr. Davis advised that he
will send out a draft to the Board members.
Sally Thomas:
• Updated Board members on legislation the
County Attorney: Prepare for January 14th
agenda.
7
High Growth Coalition will be focusing on
during this General Assembly session.
Lindsay Dorrier:
• Asked the Clerk to provide a calendar of
Board meeting dates through the end of the
year, and a list of tentative upcoming agenda
items.
David Slutzky:
• Requested that the Joint Affordable Housing
Task Force Report be scheduled on the
Board’s agenda.
Clerk: Provide Board with schedule of
meetings and agenda items.
Clerk: Schedule on February 4, 2009 agenda.
29. Adjourn.
• The meeting was adjourned at 4:36 p.m.
ewj/mrh
Attachment 1 – Rules of Procedures
Attachment 2 – Boards and Commissions Policy
Attachment 3 – Resolution Regarding the Commonwealth’s FY 2009-2010 Budget Shortfall
Attachment 4 – Resolution to accept road(s) in Woodlands Subdivision into the State Secondary System
of Highways
Attachment 5 – Resolution to accept road(s) in Fishing Creek Subdivision into the State Secondary
System of Highways
Attachment 6 – Resolution to accept road(s) in Fontana Subdivision (Phase 4B) into the State Secondary
System of Highways
Attachment 7– Voluntary Early Retirement Incentive Program (VERIP) – Amendment of Personnel Policy
§P-63, Retirement
Attachment 8 – Crozet Master Plan Five Year Update Public Participation Plan
Attachment 9 – Route 20 Visitor's Center
Attachment 10 – Easement - Belvedere Boulevard
Attachment 11 – ICNA Tenant House Lease
8
ATTACHMENT 1
RULES OF PROCEDURE
ALBEMARLE BOARD OF COUNTY SUPERVISORS
A. Officers
1. Chairman. The Board at its annual meeting shall elect a Chairman who, if present, shall
preside at such meeting and at all other meetings during the year for which elected. In
addition to being presiding officer, the Chairman shall be the head official for all the
Board’s official functions and for ceremonial purposes. He shall have a vote but no veto.
(Virginia Code Sections 15.2-1422 and 15.2-1423)
2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if
present, shall preside at meetings in the absence of the Chairman and shall discharge
the duties of the Chairman during his absence or disability. (Virginia Code Section
15.2-1422)
3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms;
but either or both may be re-elected for one or more additional terms. (Virginia Code
Section 15.2-1422)
4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are
absent from any meeting, a present member shall be chosen to act as Chairman.
B. Clerk and Deputy Clerks
The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall
serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia
Code Section 15. 2-1539 and such additional duties set forth in resolutions of the Board as
adopted from time to time. (Virginia Code Section 15.2-1416)
C. Meetings
1. Annual Meeting. The first meeting in January held after the newly elected members of
the Board shall have qualified, and the first meeting held in January of each succeeding
year, shall be known as the annual meeting. At such annual meeting, the Board shall
establish the days, times, and places for regular meetings of the Board for that year.
(Virginia Code Section 15.2-1416)
2. Regular Meetings. The Board shall meet in regular session on such day or days as has
been established at the annual meeting. The Board may subsequently establish different
days, times, or places for such regular meetings by passing a resolution to that effect in
accord with Virginia Code Section 15.2-1416. If any day established as a regular
meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on
the next regular business day without action of any kind by the Board. (Virginia Code
Section 15.2-1416)
If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares
that weather or other conditions are such that it is hazardous for Board members to
attend a regular meeting, such meeting shall be continued to the next regular meeting
date. Such finding shall be communicated to the members of the Board and to the press
as promptly as possible. All hearings and other matters previously advertised shall be
conducted at the continued meeting and no further advertisement shall be required.
(Virginia Code Section 15.2-1416)
9
Regular meetings, without further public notice, may be adjourned from day to day or
from time to time or from place to place, not beyond the time fixed for the next regular
meeting, until the business of the Board is complete. (Virginia Code Section 15.2-1416)
3. Special Meetings. The Board may hold special meetings as it deems necessary at such
times and places as it deems convenient. A special meeting may be adjourned from time
to time as the Board finds necessary and convenient. (Virginia Code Section 15.2-1417)
A special meeting shall be held when called by the Chairman or requested by two or
more members of the Board. The call or request shall be made to the Clerk of the Board
and shall specify the matters to be considered at the meeting. Upon receipt of such call
or request, the Clerk, after consultation with the Chairman, shall immediately notify each
member of the Board, the County Executive, and the County Attorney. The notice shall
be in writing and delivered to the person or to his place of residence or business. The
notice shall state the time and place of the meeting and shall specify the matters to be
considered. No matter not specified in the notice shall be considered at such meeting
unless all members are present. The notice may be waived if all members are present at
the special meeting or if all members sign a waiver for the notice. (Virginia Code
Section 15.2-1418) The Clerk shall notify the general news media of the time and place
of such special meeting and the matters to be considered.
D. Order of Business
The Clerk of the Board shall establish the agenda for all meetings in consultation with the
Chairman. The first two items on the agenda for each regular meeting of the Board shall be the
Pledge of Allegiance and a moment for silent meditation.
The procedures for receiving comment from the public for matters not on the agenda shall be at
the discretion of the Board. Unless otherwise decided, individuals will be allowed a three-minute
time limit in which to speak during the time set aside on the agenda for “From the Public: Matters
Not Listed for Public Hearing on the Agenda”.
Zoning applications advertised for public hearing shall be on the agenda for public hearing on the
advertised date unless the applicant submits a signed written deferral request to the Clerk of the
Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The
first request for a deferral will be granted administratively by the Clerk. The Board will be notified
of the deferral in the next Board package and the deferral will be announced at the earliest
possible Board meeting to alert the public of the deferral. Any request received later than the
Wednesday deadline and any subsequent request for a deferral for the same application
previously deferred will be granted only at the discretion of the Board by a majority vote. The
deferral shall not be granted unless the Board determines that the reason for the deferral justifies
the likely inconvenience to the public caused by the deferral. The staff will make every effort to
alert the public when a deferral is granted.
It is the Board’s preference that a public hearing should not be advertised until all of the final
materials for a zoning application have been received by the County and are available for public
review. To achieve this preference, applicants should provide final plans, final codes of
development, final proffers, and any other documents deemed necessary by the Director of
Community Development, to the County no later than two business days prior to the County’s
deadline for submitting the public hearing advertisement to the newspaper. Staff will advise
applicants of this date by including it in annual schedules for applications and by providing each
applicant a minimum of two weeks advance notice of the deadline.
If the applicant does not submit the required materials by this date, the public hearing shall not be
advertised unless the applicant demonstrates to the satisfaction of the Director of Community
Development that good cause exists for the public hearing to be advertised. If not advertised, a
new public hearing date will be scheduled. If the public hearing is held without final materials
being available for review throughout the advertisement period due to a late submittal of
10
documents, or because substantial revisions or amendments are made to the submitted materials
after the public hearing has been advertised, it will be the policy of the Board to either defer action
and schedule a second public hearing that provides this opportunity to the public or to deny the
application, unless the Board finds that the deferral would not be in the public interest or not
forward the purposes of this policy.
Final signed proffers shall be submitted to the County no later than nine calendar days prior to the
date of the advertised public hearing. This policy is not intended to prevent changes made in
proffers at the public hearing resulting from comments received from the public or from Board
members at the public hearing.
E. Quorum
A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If
during a meeting less than a majority of the Board remains present, no action can be taken
except to adjourn the meeting. If prior to adjournment the quorum is again established, the
meeting shall continue. (Virginia Code Section 15.2-1415)
A majority of the members of the Board present at the time and place established for any regular
or special meeting shall constitute a quorum for the purpose of adjourning such meeting from day
to day or from time to time, but not beyond the time fixed for the next regular meeting.
F. Voting Procedures
1. Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by
approval of a majority of the members present and voting on a motion properly made by
a member and seconded by another member. Any motion that is not seconded shall not
be further considered. The vote on the motion shall be by a voice vote. The Clerk shall
record the name of each member voting and how he voted on the motion. If any member
abstains from voting on any motion, he shall state his abstention. The abstention will be
announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the
motion voted upon. (Article VII, Section 7, Virginia Constitution)
2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected
members of the Board shall be required to approve an ordinance or resolution
(1) appropriating money exceeding the sum of $500; (2) imposing taxes; or
(3) authorizing the borrowing of money. (Virginia Code Section 15.2-1428)
3. Public Hearings. The Board shall not decide any matter before the Board requiring a
public hearing until the public hearing has been held. The Board may, however, at its
discretion, defer or continue the holding of a public hearing or consideration of such
matter. The procedures for receiving comment from the applicant and the public for public
hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant
shall be permitted no more than ten minutes to present its application. Following the
applicant’s presentation, any member of the public shall be permitted no more than three
minutes to present public comment. Speakers are limited to one appearance at any
public hearing. Following the public comments, the applicant shall be permitted no more
than five minutes for a rebuttal presentation.
4. Motion to Amend. A motion to amend a motion before the Board, properly seconded,
shall be discussed and voted by the Board before any vote is taken on the original motion
unless the motion to amend is accepted by both the members making and seconding the
original motion. If the motion to amend is approved, the amended motion is then before
the Board for its consideration. If the motion to amend is not approved, the original
motion is again before the Board for its consideration.
5. Previous Question. Discussion of any motion may be terminated by any member moving
the “previous question”. Upon a proper second, the Chairman shall call for a vote on the
motion of the previous question. If approved by a majority of those voting, the Chairman
11
shall immediately call for a vote on the original motion under consideration. A motion of
the previous question shall not be subject to debate and shall take precedence over any
other matter.
6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion
to reconsider is made at the same meeting or an adjourned meeting held on the same
day at which the matter was decided. The motion to reconsider may be made by any
member of the Board. Upon a proper second, the motion may be discussed and voted.
The effect of the motion to reconsider, if approved, shall be to place the matter for
discussion in the exact position it occupied before it was voted upon.
7. Motion to Rescind. Any decision made by the Board, except for zoning map
amendments, special use permit decisions, and ordinances, (these exceptions shall only
be subject to reconsideration as provided above) may be rescinded by a majority vote of
all elected members of the Board. The motion to rescind may be made by any member
of the Board. Upon a proper second, the motion may be discussed and voted. The
effect of the motion to rescind, if approved, is to nullify the previous decision of the Board.
Zoning map amendments, special use permit decisions and ordinances may be
rescinded or repealed only upon meeting all the legal requirements necessary for taking
action on such matters as if it were a new matter before the Board for consideration.
G. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the Board at the next regular
meeting following a regular meeting at which notice of the motion to amend is given.
H. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the Board members present
and voting. The motion to suspend a rule may be made by any member of the Board. Upon a
proper second, the motion may be discussed and voted. The effect of the motion to suspend a
rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided,
however, approval of a motion to suspend the rule shall not permit the Board to act in violation of
a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other
applicable law.
I. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by
Robert's Rules of Order’s Procedure in Small Boards.
* * * * *
(Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80;
1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93;
1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5-
2005; 1-4-2006; 1-3-2007; 1-9-2008; 1-7-2009).
12
ATTACHMENT 2
ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
A. CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and commissions will be purged of all bodies
not required by Federal, State, County or other regulations, which have not met at least once during the
prior twelve-month period.
2. Whenever possible and appropriate, the functions and activities of boards and
commissions will be combined, rather than encouraging the creation of new bodies.
3. Any newly created task force or ad hoc committee which is intended to serve for a limited
time period may be comprised of magisterial or at-large members at the discretion of the Board of
Supervisors. The appointment process shall follow that adopted in Section B for other magisterial and/or
at-large positions.
B. APPOINTMENTS TO BOARDS AND COMMISSIONS
1. All appointments to boards and commissions based upon magisterial district boundaries
will be made by the members of the Board of Supervisors. All magisterial positions will be advertised. At
the discretion of the supervisor of that district, selected applicants may be interviewed for the position.
2. Prior to each day Board meeting, the Clerk will provide the Board a list of expired terms
and vacancies that will occur within the next sixty days. The Board will then advise the Clerk which
vacancies to advertise.
3. In an effort to reach as many citizens as possible, notice of boards and commissions with
appointment positions available will be published through available venues, such as, but not limited to,
the County’s website, A-mail, public service announcements and local newspapers. Interested citizens
will be provided a brief description of the duties and functions of each board, length of term of the
appointment, frequency of meetings, and qualifications necessary to fill the position. An explanation of
the appointment process for both magisterial and at-large appointments will also be sent to all applicants.
4. All interested applicants will have a minimum of thirty days from the date of the first notice
to complete and return to the Clerk of the Board of Supervisors a detailed application, with the
understanding that such application may be released to the public, if requested. No applications will be
accepted if they are postmarked after the advertised deadline, however, the Board, at its discretion, may
extend the deadline.
5. Once the deadline for accepting applications is reached, the Clerk will distribute all
applications received to the members of the Board of Supervisors prior to the day meeting for their
review. For magisterial appointments, the Clerk will forward applications as they are received to the
supervisor of that district who will then recommend his/her appointment.
6. From the pool of qualified candidates, the Board of Supervisors, at their discretion, may
make an appointment without conducting an interview, or may select applicants to interview for the vacant
positions. The Clerk will then schedule interviews with applicants to be held during the next day meeting.
For magisterial appointments, the decision to interview selected candidates will be determined by the
supervisor of that district.
7. All efforts will be made to interview selected applicants and make appointments within
ninety days after the application deadline. For designated agency appointments to boards and
commissions, the agency will be asked to recommend a person for appointment by the Board of
Supervisors.
13
8. All vacancies will be filled as they occur.
9. All incumbents will be allowed to serve on a board or commission without his/her position
being readvertised unless, based on attendance and performance, the chairman of the body or a member
of the Board of Supervisors requests the Board of Supervisors to do otherwise.
10. As a condition to assuming office all citizen members of boards and commissions shall
file a real estate disclosure form as set forth in the State and Local Government Conflict of Interests Act
and thereafter shall file such form annually on or before January 15.
11. If a member of a board or commission does not participate in at least fifty percent of a
board’s or commission’s meetings, the chairman of the body may request the Board of Supervisors
terminate the appointment and refill it during the next scheduled advertising period.
C. ADOPTION
This policy shall be reviewed and readopted by the Board of Supervisors in January.
(Amended and/or Readopted 01-07-98; 02-12-2005; 01-04-2006; 01-03-2007; 01-09-2008; 01-07-2009)
14
ATTACHMENT 3
Resolution regarding the Commonwealth’s FY 2009-2010 Budget Shortfall
Whereas, the County of Albemarle is committed to ensuring fiscal sustainability at the local and
state levels of government because fiscal sustainability enables the Commonwealth and its local
governments to provide high quality, cost effective, core public services that benefit Virginians today and
for generations to come; and
Whereas, the current difficult economic and financial times require government, at all levels, to
evaluate service delivery responsibilities and to determine the continued importance of programs meeting
critical needs; and
Whereas, the Commonwealth must resolve an estimated 2009 and 2010 biennial revenue
shortfall approaching $3.0 billion that may in fact continue to escalate in the near term; and
Whereas, the County of Albemarle must resolve an estimated local 2009 revenue shortfall of $7.2
million; and
Whereas, the Commonwealth’s General Fund supports most critical core government services
including public education, health and human resources, including the Comprehensive Services Act,
public safety, natural resources and environmental services by dedicating almost 50 percent of the state’s
General Fund to local governments (with 74 percent of this funding supporting K-12 public education);
and
Whereas, if one level of government establishes and ensures a priority, it is then incumbent upon
that level of government to adequately fund the services necessary to meet that priority; and
Whereas, the current economic environment threatens the sustainability of these critical core
public services if the Commonwealth is required to reduce its contribution to the financial partnership
between the state and its local governments including the County of Albemarle; and
Whereas, specific and necessary state budget reductions may impact a wide array of core public
services, including but not limited to public education, the Comprehensive Service Act, and public safety,
and many local governments, including the County of Albemarle, will absorb significant state reductions in
2009 and may be compelled to increase real property taxes to help ensure the continuation of vital core
public services; and
Whereas, the County of Albemarle stands ready to partner with the Commonwealth to make the
difficult budgetary decisions required, including thoroughly evaluating programs and working together to
maintain a structural balance between revenues and expenditures that promotes the long-term viability of
our Commonwealth.
Now, Therefore, Be It Resolved that the Board of Supervisors of the County of Albemarle
respectfully offers the following budget and revenue recommendations for the 2009 legislative session to
the Governor and Virginia General Assembly including the County of Albemarle Delegates and Senators:
• Budget and appropriate sufficient withdrawals from the state’s Revenue Stabilization
Fund (“Rainy Day Fund”) to help offset necessary state budget reductions. Global and
national financial markets are imbalanced; consequently, Virginia is one of many states
facing a significant state revenue shortfall. The Commonwealth is required to replenish
the Fund when economic conditions improve, and the County of Albemarle supports
recapitalizing the Fund in better economic times.
• Before budgeting and appropriating necessary state budget reductions, revisit recent
state tax exemptions. Since the late 1990s the state has enacted more than $1.8 billion in
net biennial tax reductions and specific General Fund transfers.
15
• Oppose the enactment of new unfunded and under-funded state mandates that will
impose new costs on local governments. Additionally, consider repealing specific,
unfunded and under-funded state mandates. In the area of public education, the
Governor and Virginia General Assembly should consider providing localities and school
districts maximum flexibility to i) suspend specific mandates and ii) manage specific
public education reductions.
• Enact a law authorizing equal taxing authority for counties. Counties should be enabled,
like cities and towns, to institute specific taxes, including a meals tax without a
referendum. The new sources of revenue would be tailored to the needs of a jurisdiction
and could help local governments protect adequate funding for the core government
services including K-12 public education, and reduce county dependence on property
taxes.
• Consider additional possibilities for mitigating the impact of state cuts on local
governments. Local governments will have to make significant cuts in services because
of flat or decreasing real estate revenues. Permit local governments, at their option, to
implement a one-half percent increase in the sales tax as a way to minimize the potential
burden passed on to homeowners through increased real property taxes.
Furthermore, the County of Albemarle offers these recommendations in the spirit of compromise
and partnership to the Governor and Virginia General Assembly including the County of Albemarle
Delegates and Senators.
16
ATTACHMENT 4
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day
of January, 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Woodlands Subdivision, as described on the attached Additions
Form AM-4.3 dated January 7, 2009, fully incorporated herein by reference, is shown on plats recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Woodlands Subdivision, as
described on the attached Additions Form AM-4.3 dated January 7, 2009, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Mountainwood Road (State Route 1112) from the existing end of State maintenance to
the intersection of Mountainwood Road (Route 1112), as shown on plat recorded in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 3662, page 528, with
a 60-foot right-of-way width, for a length of 0.01 miles.
2) Mountainwood Road (State Route 1112) from the intersection of Mountainwood Road
(Route 1112) to the intersection of Sunset Avenue (Route 781), as shown on plat
recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 3662,
page 528, with a 60-foot right-of-way width, for a length of 0.08 miles.
Total Mileage – 0.09
17
ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day
of January, 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Fishing Creek Subdivision, as described on the attached Additions
Form AM-4.3 dated January 7, 2009, fully incorporated herein by reference, is shown on plats recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Fishing Creek Subdivision, as
described on the attached Additions Form AM-4.3 dated January 7, 2009, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Fishing Creek Lane (State Route 1061) from the intersection of Buck Mountain Road
(Route 665) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 3662, pages 683-694, with a 50-foot right-of-
way width, for a length of 0.21 miles.
Total Mileage – 0.21
18
ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day
of January, 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Fontana Subdivision, Phase 4B, as described on the attached
Additions Form AM-4.3 dated January 7, 2009, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Fontana Subdivision, Phase
4B, as described on the attached Additions Form AM-4.3 dated January 7, 2009, to the secondary
system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision
Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Via Florence Road (State Route 1775) from the intersection of Verona Drive (Route
1771) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court
of Albemarle County in Deed Book 3003, page 417, with a 50-foot right-of-way width, for
a length of 0.38 miles.
Total Mileage – 0.38
19
ATTACHMENT 7
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, it is proposed that Personnel Policy P-63, Retirement, be amended to include a one
time retirement incentive by providing additional benefits to employees eligible to retire under the
Voluntary Early Retirement Incentive Program (VERIP) who retire by June 30, 2009; and
WHEREAS, the Board of Supervisors desires to adopt the revisions to Personnel Policy P-63.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County,
Virginia, hereby adopts Personnel Policy P-63, Retirement, of the County of Albemarle Personnel Policy
Manual, as attached hereto and incorporated herein, effective January 7, 2009.
* * * * *
§P-63
COUNTY OF ALBEMARLE
PERSONNEL POLICY
§P-63 RETIREMENT
I. REGULAR RETIREMENT
Retirement shall be at the discretion of the employee. Full-time regular employees of Albemarle
County who qualify are eligible for the benefits of the Virginia Retirement System (“VRS”).
Additional information describing VRS benefits is available on-line at varetire.org.
All employees retiring under VRS and/or the County’s VERIP policy are eligible for continuous
participation in the group medical and dental insurance plan until they are eligible for Medicare
coverage.
Salaried Board Members and full-time or part-time regular employees who are not retiring under
VRS and/or VERIP, are eligible for continuous participation in the County’s group medical and
dental insurance plan until they are eligible for Medicare coverage, provided that they meet the
following requirements:
1. be 55 years of age or older;
2. retire from service or separate from employment in good standing after four (4) or more
years of continuous service or employment; and
3. be participants in the County’s Group medical and dental insurance plan on the day prior
to separation from the County.
Individuals eligible to participate in the County’s group medical and dental insurance plan shall
pay the full cost of health coverage, including any applicable administrative expenses.
II. LONGEVITY INCENTIVE PROGRAM
The County values the service of all of its employees, both full-time and part-time. Since part-
time employees are not covered by VRS, the County has elected to establish a Longevity
20
Incentive Program (the “Program”) and thereby provide eligible part-time employees with certain
benefits as more fully explained in this section.
A. Scope of Program
All regular, part-time employees of the County will be covered by the Program provided
that they work the minimum number of hours necessary to establish eligibility for County
benefits. Salaried Board Members are not eligible for participation in this program.
B. Benefits
The following benefits will be provided to eligible part-time employees under the Program:
1. Life Insurance: A term life insurance policy will be provided equal to twice the
employee’s annual salary with double indemnity for accidental death and
dismemberment payments for the accidental loss of one or more limbs or of
eyesight.
2. Annuity Program: Based on length of service in the County, part-time employees
will be provided with an annuity program. The Board will contribute an annual
amount according to the following formula:
a. 5 - 9 years of County service - five percent of annual salary.
b. 10 - 14 years of County service - seven percent of annual salary
c. 15 - 19 years of County service - nine percent of annual salary.
d. 20+ years of County service - eleven percent of annual salary.
III. Retirement Pay/Payment upon Death
In recognition of employee service to Albemarle County, regular full-time and part-time
employees who meet the age and service criteria for retirement under VRS and have been
employed a minimum of five (5) years with Albemarle County shall be paid upon their retirement
or death in service $200 per year for each year of service to the County as a regular employee up
to a maximum payment for 25 years of service, less any years previously paid for under this
policy. Years of service do not have to be continuous.
IV. Voluntary Early Retirement Incentive Plan (VERIP)
A. Eligibility
Participants in the Albemarle County VERIP must be regular full-time or regular part-time
employees eligible for benefits as defined in P-02, Definition of Employee Status and
meet the following additional requirements:
1. Full-time employees must be eligible for early or full retirement under the
provisions of VRS. Part-time employees must meet the same age and service
criteria as if they were full-time employees covered under VRS.
2. Have been employed by Albemarle County for 10 of the last 13 years prior to
retirement.
3. Employees retiring under the disability provisions of VRS and/or Social Security
shall not be eligible for the VERIP.
4. VERIP benefits will cease if the retiree returns to work in a regular full-time or
regular part-time position with Albemarle County.
5. VERIP benefits will continue if the retiree returns to work in a temporary part-time
or temporary full-time position with Albemarle County.
21
B. Benefits
1. VERIP benefits shall be paid monthly for a period of five years after retirement or
until age 65, whichever comes first.
2. Benefits under VERIP will be calculated as follows:
a. Compute the annual VRS benefit. This computation shall include any
reductions for early VRS retirement if appropriate;
b. Recompute the annual VRS benefit with the addition of five more years
service or the number of additional years needed to reach age 65,
whichever is lesser;
c. The difference between these two calculations shall be the annual
VERIP benefit to be paid on a monthly basis.
d. Benefits for part-time employees who are eligible to participate in VERIP
shall be determined as if the part-time employees are eligible for an
annual VRS benefit and the amount shall be calculated in the same
manner as benefits for VRS-eligible employees under subsections (a) –
(c) above.
3. The County Executive will recommend to the Board an annual adjustment to the
early retirement benefit after having been apprised of the VRS adjustment for
retirees.
4. The Board will pay to the employee an amount equal to the Board’s annual
contribution toward an employee’s health insurance as long as the employee is
covered by VERIP benefits.
C. Application
Applications for VERIP must be made to the Human Resources Department prior to
December 1st of the year preceding the fiscal year the VERIP takes effect.
D. Approval
All VERIP applications are subject to approval by the County Executive or designee.
E. Duration
The Board of Supervisors reserves the right to modify this policy in its discretion, and all
benefits described in this policy shall be subject to future modifications and annual
appropriations by the Board of Supervisors.
F. Additional Benefits
1. Current employees who apply for VERIP by February 27, 2009 and who meet the
eligibility standards identified below shall be entitled to receive, at their election,
one of the following:
a. Two additional years of Board contributions toward health insurance
beyond the duration established by Section IV.B, paid on a monthly
basis. Employees who retire at 65 years of age or older shall receive
two years of contributions toward health insurance.
22
b. The cash equivalent of two additional years of Board contributions
toward health insurance, calculated at the FY 2009-10 annual rate and
paid in one or more installments.
2. To be eligible for the additional benefits in this section, employees must:
a. Submit VERIP applications by February 27, 2009;
b. Submit a letter by April 1, 2009 establishing a retirement date no later
than June 30, 2009; and
c. Retire after the effective adoption date of this subsection (F) but no later
than June 30, 2009.
Amended: August 4, 1993; April 19, 1995; June 2, 2004; January 7, 2009
23
ATTACHMENT 8
Public Participation Plan – Crozet Master Plan Revision
Project Description:
The update is an opportunity to assess Crozet’s progress in achieving the goals set in the Master Plan
adopted in 2004. As a Development Area in the county’s land use plan, Crozet is expected to continue to
provide a place for growth to occur outside of the designated Rural Areas as part of the County’s overall
growth management policy. Now at the five-year mark, as was specified by the Board of Supervisors at
the time of plan adoption, it is time to determine how well the goals have been achieved and what may or
may not have developed as envisioned given the experience of four plus years of the plan in action. The
update is an opportunity to revisit and revise issues of concern from all perspectives.
Work Product for this Project:
The work product for this project is a revision to the Crozet Master Plan based on specific focus areas in
the form of a Comprehensive Plan Amendment for adoption by the Board of Supervisors
Specific Focus Areas:
The Master Plan revision will concentrate on major areas /issues of concern identified through the
following processes. To date, the Board of Supervisors and Planning Commission have indicated several
areas which should be included for study. Using the methodology below, additional areas for study will
be determined.
Project Methodology:
Staff and the community will complete several preliminary analyses to measure change and identify any
new trends, which will include:
• An assessment of progress to date of the objectives and implementation strategies of the
Master Plan. What has and has not been accomplished as envisioned?
• Data collection based on mutually agreed upon data sources and methodology
• Background research regarding existing conditions in the Crozet community
• A mutually agreed upon survey, developed by the CCAC and staff, to survey the Crozet
community and others such as County staff who use the master plan. (The CCAC and
staff will identify what they would like the survey to measure/accomplish in relation to the
master plan.)
Based on the results of the various research and analysis tasks listed above, staff and the community will
identify major areas/issues of concern that need to be considered as part of the revision process, creating
the specific focus areas for the update, with ample public meeting and other involvement opportunities.
The identified focus areas will be reviewed and affirmed with the Planning Commission and the Board of
Supervisors for their input and comments, before proceeding with the Master Plan update, which will
include:
o Strategies will be developed for responding to the identified focus areas using a variety of
public engagement approaches to make sure the community input is broad and inclusive
o Appropriate revisions to the plan will be drafted based on the developed strategies and
public input will be used to develop/comment on these strategies.
Level of Public Participation:
Public Collaboration – Collaborating with members of the public in some or all aspects of decisions,
including the development of alternatives and the identification of a preferred solution.
We will look to stakeholders for direct advice and innovation in formulating solutions and incorporate their
recommendations into the decisions to the maximum extent possible, using the Crozet Community
Advisory Council (CCAC) to fulfill a major portion of this stakeholder role.
24
Public Participation Goals:
• Provide educational opportunities for Crozet residents regarding general planning
processes and the existing Crozet Master Plan
• Gather public feedback about community desires for the revision of the Crozet Master
Plan
• Establish realistic expectations about the process and timeline for completion of the
revision
• Provide transparent process for how public input is used in developing alternative and
strategies
• Disseminate community input to ultimate decision makers for their consideration
• Keep public informed about any revisions to the updated Master Plan as it moves through
the review process
Role of the Crozet Community Advisory Council:
As the Board of Supervisors’ appointed Advisory Council for implementation of the Crozet Master Plan,
the CCAC will play a critical role in advising on and assisting with the revision process, including the
public participation elements. Because of significant community interest in the revision, the CCAC will
invite citizens who are interested in a more in-depth role in the revision beyond the public meetings that
will be held to attend CCAC meetings where the master plan revision is an agenda item and to participate
in those discussions.
County staff will work with the CCAC to design all elements of the public engagement process and to
regularly discuss the effectiveness of community involvement. The CCAC has also formed a number of
subgroups focused on different topic areas, and members of those subgroups will be responsible for
researching and providing insights on those topics as the plan revision process continues and for serving
as community liaisons regarding those issues.
As with all Comprehensive Plan amendments, the Planning Commission will provide the overall guidance
and decision-making on the master plan revision process, and the Board of Supervisors will have the
ultimate authority for approval.
Other Stakeholders:
• Downtown Crozet Association
• Crozet Community Association
• Crozet residents
• Crozet organizations
• Crozet businesses
• Crozet school communities
Schedule of Public Participation Activities:
Publicity/Outreach Tools will include:
• Citizen planning academy opportunities, refresher sessions on the existing Master Plan
• Public meetings/open houses/other forums will be scheduled as appropriate to provide
ample community comment on and involvement in the master plan revision process
• Dedicated website with public comment opportunity
• Frequently Asked Questions list
• Press release schedule to coincide with project milestones
• Notice to the community when public discussions/decisions are occurring
Roles and Responsibilities:
Staff – work with the community to prepare revisions to the Master Plan to present to the Planning
Commission and Board of Supervisors for their approval, ensure the effectiveness of the public
participation process, provide review and recommendations to the ultimate decision makers in
accordance with established county policies and plans, keep community informed about progress of the
revisions through the legal review process, record and honor public input, communicate how public input
has shaped decisions about the study, present final recommendations to the Planning Commission and
the Board of Supervisors
25
Crozet Community Advisory Committee – The CCAC will play a critical role in advising on and
assisting with the revision process, including the public participation elements. County staff will work with
the CCAC to design all elements of the public engagement process and to regularly discuss the
effectiveness of community involvement. The CCAC has also formed a number of subgroups focused on
different topic areas, and members of those subgroups will be responsible for researching and providing
insights on those topics as the plan revision process continues and for serving as community liaisons
regarding those issues.
Planning Commission – The Planning Commission directs updates to the Comprehensive Plan, and will
be expected to manage this update in their legally prescribed role. The Commission has affirmed the
public participation plan for the Master Plan update, and will conduct its required public process, including
work sessions and a public hearing, on the draft master plan revisions, resulting in a recommendation to
the Board of Supervisors
Board of Supervisors – The Board of Supervisors has the final decision making authority for approving
all updates to the Comprehensive Plan. The Board of Supervisors will conduct their required public
process, including work sessions and a public hearing, on the draft master plan revisions, with the
opportunity to adopt the amended master plan
The Feedback Loop:
The public participation plan will ensure dissemination of public input to decision makers and back to the
public at large to demonstrate how comments and concerns have been recorded and understood and
accurately communicated. It will also show the public how their input has been translated and how it
influenced the outcome of the project. Examples of the feedback loop include:
• The Crozet Master Plan website will be kept up to date on all meetings and other events
• All comments generated at public meetings will be recorded and available for review on
the county website and will be available for decision-makers during their review
• Major revisions to the project will be communicated to the community prior to being
presented to the Planning Commission and/or Board of Supervisors
• All public meetings will be posted to the website and open to the public for their
attendance
• The Crozet Amail list will be used to keep interested citizens up to date
• Press releases and other materials will be sent out as appropriate to keep the community
informed about the progress of the project
Evaluation:
We will use evaluation as an ongoing tool to assess and improve the public participation plan as the
project moves forward, including the following strategies:
• Informal feedback
• Questionnaires/surveys
• End of project evaluation to see if goals are met
26
ATTACHMENT 9
RESOLUTION TO AUTHORIZE CONVEYANCE OF PROPERTY
TO THE STATE BOARD FOR COMMUNITY COLLEGES
WHEREAS, the County of Albemarle owns a certain parcel of land, known as Tax Map Parcel 77-
15B (the “Property”), consisting of 5.911 acres, together with improvements, located at the southwest
quadrant of the interchange of Interstate Route 64 and-State Route 20, formerly housing the Monticello
Visitors’ Center and an information center for the Charlottesville-Albemarle Convention & Visitors’ Bureau;
and
WHEREAS, the County of Albemarle and City of Charlottesville jointly acquired the Property in
1984 from the State Board for Community Colleges on the condition that the Property be used for “the
promotion of education, historic preservation, conservation, and display of historically significant artifacts
associated with Monticello and for the operation of an information center and gift shop for visitors in the
area;” and
WHEREAS, the Property has been leased to the Thomas Jefferson Foundation (TJF) and used
as a Monticello Visitor’s Center; and
WHEREAS, to facilitate financing, in 1984, the City conveyed its one-half ownership interest to
the County, on the condition that the County return that one-half interest to the City upon the termination
of the TJF lease; and
WHEREAS, the Thomas Jefferson Foundation is terminating its lease of the Property effective
January 31, 2009; and
WHEREAS, unless the property continues to be used for educational or historical purposes, or as
an information center, the City and County are required to re-convey the Property to the State Board for
Community Colleges upon its request, under the terms of the 1984 deed; and
WHEREAS, the County and City have identified no need to continue to use the property for
educational or historical purposes, or as an information center; and
WHEREAS, Piedmont Virginia Community College (PVCC) has requested that the property be
returned to the State Board for Community colleges and proposes to use the Property as a Workforce
Development Center; and
WHEREAS, the proposed use of the Property by PVCC will benefit the County; and
WHEREAS, prior to the re-conveyance of the Property to the State Board for Community
Colleges, the County must return the City’s one-half ownership interest to the City.
NOW, THEREFORE, BE IT RESOLVED, that following a public hearing duly held pursuant to
Virginia Code § 15.2-1800(B), the Albemarle County Board of Supervisors hereby authorizes the County
Executive (1) to execute on behalf of the County of Albemarle, Virginia, a Deed and any other
document(s) necessary to convey a one-half ownership in Tax Map Parcel 77-15B, consisting of 5.911
acres, together with improvements, to the City of Charlottesville, and (2) to execute on behalf of the
County of Albemarle, Virginia, together with the City of Charlottesville, a Deed and any other document(s)
necessary to convey Tax Map Parcel 77-15B, consisting of 5.911 acres, together with improvements, to
the State Board for Community Colleges.
27
ATTACHMENT 10
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map 61 (Belvedere Boulevard right-of-way)
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4).
DEED OF EASEMENT
THIS DEED OF EASEMENT, is made and entered into on this ______ day of __________, 2009,
by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth
of Virginia, Grantor, hereinafter referred to as the “County,” and the ALBEMARLE COUNTY SERVICE
AUTHORITY, a political subdivision of the Commonwealth of Virginia, Grantee, whose address is 168
Spotnap Road, Charlottesville, Virginia, 22911, hereinafter referred to as the “ACSA”.
WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which
is hereby acknowledged, the County does hereby GRANT and CONVEY with SPECIAL WARRANTY to
the ACSA, subject to the terms and conditions set forth herein, a permanent easement and right-of-way
(hereinafter, the “Easement”) to maintain, repair, replace and operate a sewer line consisting of pipes and
appurtenances thereto, over, under an across the real property of the County known as Belvedere
Boulevard in the Belvedere Subdivision in Albemarle County, Virginia, and more particularly described as
follows:
A permanent sewer line easement in the public right-of-way known as Belvedere
Boulevard, located approximately 0.25 miles north of East Rio Road in Albemarle County,
Virginia, identified as the “20’ Permanent Sanitary Sewer Easement” within the Belvedere
Boulevard right-of-way, as shown on the plat entitled “Plat Showing Sanitary Sewer
Easement for ‘Covenant Church of God’ 0.25 Miles North of East Rio Road Rio
Magisterial District, Albemarle County, Virginia,” dated August 25, 2008 (hereinafter, the
“Plat”); the said roadway shown as Belvedere Boulevard is on a plat of record in the
Albemarle County Circuit Court Clerk’s Office in Deed Book 3543, page 225.
Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith, for the
exact location and dimensions of the permanent easement hereby granted and the property over which
the Easement crosses.
This Easement shall be subject to the following:
1. Location of Improvements. The ACSA shall construct, install, maintain, repair, replace
and extend the sewer line pipes and appurtenances thereto (hereinafter, the “Improvements”) only within
the Easement. The Improvements shall be underground.
2. Right to Enter; Ingress and Egress. The ACSA shall have the right to enter upon the
Easement for the purpose of installing, constructing, maintaining, repairing, replacing and extending the
Improvements within the Easement. The ACSA also shall have the right of ingress and egress thereto as
reasonably necessary to construct, install, maintain, repair, replace and extend the Improvements. If the
ACSA is unable to reasonably exercise the right of ingress and egress over the Belvedere Boulevard
right-of-way, the ACSA shall have the right of ingress ad egress over the property of the County, if any,
adjacent to the right-of-way.
28
3. Excavation and Restoration. Whenever it is necessary to excavate earth within the
Easement, the ACSA shall backfill the excavation in a timely, proper and workmanlike manner so as to
restore the surface conditions to the same condition as they were prior to excavation, including
restoration of all paved surfaces that were damaged or disturbed as part of the excavation.
4. Vegetation and Obstructions. The ACSA may cut any trees, brush and shrubbery,
remove obstructions, and take other similar action reasonably necessary to provide economical and safe
installation, maintenance and operation of the Improvements. The ACSA shall not be responsible to the
County or its successors and assigns, to replace or reimburse the cost of replacing or repairing any
County-owned trees, brush, shrubbery or obstructions that are removed or otherwise damaged that would
be inconsistent with the proper maintenance, operation or use of the Improvements.
5. Ownership of Improvements. The Improvements shall be the property of the ACSA.
6. Obligations of the ACSA if and when Belvedere Boulevard is Proposed for Acceptance or
is Accepted into the State-Maintained System. If and when the segment of Belvedere Boulevard in which
the Easement lies is proposed for acceptance or is accepted into the state-maintained or other publicly-
maintained system of highways, the ACSA shall comply with the following:
a. Permits. The ACSA shall obtain all permits required by the Virginia Department
of Transportation (hereinafter, “VDOT”) or such other public entity that becomes responsible for the
maintenance of Belvedere Boulevard (hereinafter, “such other public entity”) to authorize the
Improvements to exist or remain within the Belvedere Boulevard right-of-way (hereinafter, the “Permits”)
and shall comply with all applicable requirements of VDOT or such other public entity.
b. Acts Required of ACSA to Assure Acceptance of Belvedere Boulevard into State-
Maintained System. Until the ACSA quitclaims its interest in the Easement to VDOT, such other public
entity, or the County as required in conjunction with the acceptance of Belvedere Boulevard into the state-
maintained or other publicly-maintained system, the ACSA, at its sole expense, shall, promptly alter,
change, adjust, relocate or remove the Improvements from the Belvedere Boulevard right-of-way if VDOT
or such other public entity determines that such alteration, change, adjustment, relocation or removal is
required in order for VDOT or such other public entity to accept Belvedere Boulevard into the system.
Neither the County, VDOT, nor such other public entity shall be responsible or liable to the ACSA or its
successors or assigns for any costs associated with such alteration, change, adjustment, relocation or
removal of the then-existing Improvements. In addition, neither the County, VDOT, nor such other public
entity shall be obligated to compensate or reimburse the ACSA or its successors or assigns for any
increased or decreased cost or value associated with either the Improvements or Belvedere Boulevard
resulting from such alteration, change, adjustment, relocation or removal.
c. Continuing Obligations of ACSA to the County. After VDOT or such other public
entity has issued the required Permits, the ACSA shall be subject to the following conditions,
notwithstanding any quitclaim of its interests to VDOT or such other public entity, and these conditions
shall be continuing obligations of the ACSA:
1. The ACSA, to the extent authorized by law, shall at all times indemnify
and save harmless the County, its employees, agents, officers, assigns, and successors in interest from
any claim whatsoever arising from the ACSA’s exercise of rights or privileges stated herein.
2. In the event that the County or such other public entity becomes
responsible for the maintenance of Belvedere Boulevard and the County or such other public entity
requires, for its purposes, that the ACSA alter, change, adjust, or relocate the Improvements, across or
under Belvedere Boulevard, the cost to alter, change, adjust, or relocate the Improvements shall be the
sole responsibility of the ACSA. Neither the County nor such other public entity shall be responsible or
liable to the ACSA or its successors or assigns for any costs associated with altering, changing, adjusting
or relocating the then-existing Improvements as may be required herein. In addition, neither the County
nor such other public entity shall be obligated to compensate or reimburse the ACSA or its successors or
assigns for any increased or decreased cost or value associated with either the Improvements resulting
from such alteration, change, adjustment or relocation. The requirements of this paragraph 6(c)(2) shall
29
not apply if the County, VDOT, or such other public entity is either required by law to pay for such costs or
is authorized and elects to pay for such costs.
The County, acting by and through its County Executive, duly authorized by action of the
Albemarle County Board of Supervisors on January 7, 2009, does hereby convey the interest in real
estate made by this deed.
By its acceptance and recordation of this Deed of Easement, the ACSA acknowledges that it, its
successors and assigns, shall be bound by the terms herein.
30
ATTACHMENT 11
RESIDENTIAL LEASE AGREEMENT
IVY CREEK NATURAL AREA
THIS LEASE AGREEMENT is made as of this 1st day of March, 2009; by and between County of
Albemarle & City of Charlottesville (hereafter collectively, the “Landlord”), whose address is 401 McIntire
Road, Charlottesville, Virginia 22902 (hereafter, the “County”); PO Box 911, Charlottesville, Virginia
22902 (hereafter, the “City”) and Steve and Debbie McVey (hereafter, the “Tenant” or the “McVeys”).
1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants
herein, Landlord hereby leases to Tenant that property located in the County of Albemarle, Virginia,
and known as Ivy Creek Natural Area Park Tenant House together with the fixtures and personal
property listed below, (the Premises) for the term of 1 (one) year(s) commencing at noon on March 1,
2009. Thereafter, unless otherwise terminated by either party, as provided herein, this Lease shall
renew automatically for four (4) additional one-year terms.
2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this
lease: Range oven, woodstove, and refrigerator.
3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other
purpose. The Premises will be occupied by no persons other than persons who have signed this
Lease as Tenant and such person's children under the age of 18.
4. RENT.
a. Tenant agrees to pay as rent the total sum of $1,800.00 per year, due and payable in advance in
monthly installments of $150.00, except as follows: If the lease term begins on a day other than
the first day of a calendar month, the first month's rent shall be $ 75.00. If the lease term ends on
a day other than the last day of a calendar month, the last month's rent shall be $75.00. The first
month’s rent payment is due March 1, 2009. The monthly installment of rent due for each month
thereafter shall be due on the first day of each month. Rent shall be paid to County of Albemarle
(landlord/agent) at Albemarle County Parks & Recreation, 401 McIntire Road, Charlottesville,
Virginia 22902 (address) or at other such place as Landlord or Agent may from time to time
designate in writing. If a monthly installment of rent is not received before the 6th day of the
month, Tenant agrees to pay as additional rent a charge of late fee of $10.00 for each month that
the monthly installment of rent is not received by the 6th day of such month. The purpose of this
late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent
payments will be applied first to all past due balances of rent and other charges owing under this
Lease. The remaining portion if any of such rent payments will be applied to current rent. If there
are two or more tenants, Landlord shall have the option of requiring that only one check, cashier's
check or money order will be accepted for each monthly installment for rent.
b. As additional rent, the Tenant shall perform the following duties as long as either of them resides
on the Property. The following duties may be modified as duties may be added or deleted by
mutual written agreement between the County and City and the Tenant. Failure to perform the
following duties on the part of the Tenant shall constitute a material breach by the Tenant under
the Lease Agreement and shall entitle the Landlord to terminate this Lease or exercise any other
remedy under this lease or available law. The Tenant shall:
i. Assure the park entrance gate is opened and closed per posted times and at special
requests;
ii. Assist the public with information as needed;
iii. Clean and stock restrooms and clean up and remove trash in parking lot and open areas;
iv. In absence of park personnel, perform emergency repair or maintenance of park facilities and
grounds, to the extent possible, and contact park personnel
v. Mow and trim grass in park and on grass trails and around tenant house as outlined by Park
Superintendent;
c. The County and City reserve the right to agree to certain modifications pertaining to the foregoing
tenant responsibilities during the term of the lease agreement. It is the intent of the County and
City to delegate this responsibility to the Albemarle County Parks and Recreation Department,
31
and its Director.
d. The County and City further agree that, in the event tenant performs additional duties at the
specific request of the County and City in connection with the property, or for any other reason in
the sole discretion of the County and City, then an adjustment in the payment of rent under this
lease agreement may be made, provided that any such modifications shall be effective only if in
writing between the County, City and the tenant. It is the intent of the County and City to delegate
this responsibility to the Albemarle County Parks and Recreation Department, and its Director.
5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned
for insufficient funds. This charge will be in addition to any late fee, which may be due. If any of
Tenant's checks are returned to Landlord or Agent for insufficient funds, Landlord will have the option
of requiring that further payments must be paid by cash, cashier's check, certified check, or money
order.
6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $150.00 as a security deposit. This sum will
be due when this Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if
Landlord makes any deductions from the security deposit for charges arising under this Lease or by
law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to
replenish and maintain the security deposit in the amount set forth above. The security deposit will be
held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after
the termination of this Lease, Landlord may apply the security deposit and any interest required by
law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the
Premises, to surrender possession of the premises thoroughly cleaned and in good condition
(reasonable wear and tear excepted), or to fully comply with the terms of this Lease, and any
balance, if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing,
showing all such deductions. Within this 30-day period, Landlord will give or mail to Tenant the
security deposit, with any interest required by law and minus any deductions. To assist Landlord,
Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the
Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions
are to be made from the security deposit Landlord will give written notice to Tenant of such deduction
within 30 days of the time Landlord determines that such deduction should be made. This provision
applies only to deductions made 30 days or more before the termination of this Lease. Landlord will
maintain itemized records of all security deposit deductions and these records may be inspected by
Tenant, his authorized agent or attorney, during normal business hours. However, when two years
has passed from the time a deduction was made, Landlord may destroy the record of that deduction.
If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this
Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by
law, to the purchaser who in such event shall be obligated to comply with the provisions of this
section.
7. PARKING. Tenant agrees to comply with such parking rules and regulations as Landlord may issue
from time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity
to comply with any parking changes made during Tenant's term of occupancy under this Lease.
Vehicles parked on or about the Premises in violation of such rules and regulations may be towed at
the owner's expense.
8. PETS AND ADDITIONAL RESIDENTS. The Tenant shall not be allowed to have pets or additional
residents without Landlord’s prior written consent, which may be withheld in the Landlord's sole
discretion. If such permission is granted the tenant agrees to be responsible for all damages to the
property and third parties (persons and property) caused by pets or additional residents. It is
understood that if this approval is given that it may be rescinded in the event a problem develops
related to a pet or an additional resident.
9. UTILITIES. The Tenant is responsible for all utilities.
10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alterations; installations, repairs or
decoration (including painting, staining and applying other finishes) shall be done without Landlord's
prior written consent. However, Landlord may require Tenant to return the Premises to its original
condition when this Lease terminates or expires. In addition, Landlord may require that any change,
32
alteration or improvement to the Premises will become a permanent part of the Premises which may
not be removed upon the termination or expiration of this lease. Such changes or improvements will
include, but not be limited to, locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall
carpeting, flowers and shrubs.
11. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs,
decorations, alterations or improvements, and to show the Premises to prospective tenants,
purchasers, mortgagees, workers and contractors and shall have the right to erect or place "For Sale"
or "For Rent" signs thereon. Except in case of emergency or when it is impractical to give notice,
Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises
only at reasonable times.
12. MOVE IN INSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord
agrees to provide Tenant with a list setting forth all of the defects and damages to the Premises, its
equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by
written notice given to Landlord within five days after Tenant receives the list.
13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing,
heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good
and safe working condition; and comply with applicable building and housing code requirements
materially affecting health and safety. Landlord's failure to comply with the above requirements will
not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord written notice
of the defective condition and Landlord has failed to remedy the condition within 21 days. However,
Tenant may not terminate the Lease if Tenant, a member of Tenant's family or some other person on
the Premises with Tenant's consent intentionally or negligently caused the defective condition. Such
defective conditions will be repaired at Tenant's expense. Any termination by Tenant shall be made in
accordance with the section of this Lease concerning breach by Landlord.
14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the Premises clean and safe; use
all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a
reasonable manner; conduct himself or herself, and require guests to conduct themselves, in a
manner that will not disturb Tenant's neighbors; and to take care not to intentionally or negligently
destroy, damage or remove any part of the Premises, and that he or she will not permit any person to
do so. The County and City reserve the right to request the Tenant to remove from the site any
personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles,
appliances, etc.). The County and City reserve the right to request the Tenant to cease any activity
that is inconsistent with the park or surrounding neighborhood. Tenant covenants and agrees to care
for, maintain and repair the Premises, equipment, appliances and fixtures. Upon the expiration or
termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition, ordinary
wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear
and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give Landlord
prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further
damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of
such defect. Tenant will be liable for the costs of any repairs of such additional damage, which might
have been avoided, had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all
costs resulting from the intentional or negligent destruction, damage or removal of any part of the
Premises by Tenant or by any of Tenant's guests or other persons on the Premises with Tenant's
consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City
harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings,
costs and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered,
made, instituted or asserted by any entity, party or person for any personal injury to or death of any
person or persons and for any loss, damage or destruction of the Premises, arising out of, connected
with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests
or other persons on the Premises with the consent or permission of Tenant. The foregoing agreement
to indemnify shall continue in full force and effect notwithstanding the termination of this Agreement.
Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless
from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs
and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered, made,
instituted or asserted by any entity, party or person for any personal injury to or death of any person
33
or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or
resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other
persons on the Premises with the consent or permission of Tenant. The foregoing agreement to
indemnify shall continue in full force and effect notwithstanding the termination of this Agreement.
15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this
Lease, Tenant will remove all of Tenant's property from the Premises and deliver possession of the
Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in
compliance with such reasonable conditions as may be set forth in Landlord's rules and regulations.
Tenant's compliance with this section is necessary to insure that the Premises will be in good
condition for the next tenants to whom Landlord leases the Premises. Tenant will be liable for any
damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly clean and in
good condition, reasonable wear and tear excepted.
16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the
Premises to determine whether Tenant has properly maintained the Premises and has left Premises
thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation
and unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances will not be
considered ordinary wear and tear. This inspection will be made to determine what portion of the
security deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding
the amount of the security deposit. This inspection will be made with 72 hours after the termination of
Tenant's occupancy of the Premises. For the purposes of this section, the termination of Tenant's
occupancy of the Premises will not be deemed to have occurred until all or substantially all of
Tenant's property has been removed from the Premises. Tenant will have the right to be present
during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present
during the inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date
when the inspection will be made. However, Tenant's delay in notifying Landlord of Tenant's desire to
attend the inspection will not require Landlord to delay making the inspection more than 72 hours
after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of
damages known to exist at the time of the inspection will be provided to Tenant by Landlord
immediately upon the completion of the inspection.
17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the
termination or expiration of this Lease may be treated by Landlord as abandoned property. Landlord
will prepare an itemized list of such property and may immediately remove the property from the
Premises and place it in storage for safekeeping for a period not less than one month from the date
this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim
the property during this one-month period, provided that tenant pays the cost of its removal and
storage. Upon expiration of the one-month period, Landlord will be free to dispose of the property as
Landlord sees fit, provided written notice of Landlord's intent to dispose of the property is given to
Tenant at least 10 days before such disposal occurs. This notice must be sent to Tenant's last known
address, address correction requested. In addition, Landlord must keep the itemized list of Tenant's
property for two years after Landlord disposes of that property. Any funds received by Landlord from
the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for unpaid rent
or other damages, including charges for removing, storing and selling the property. Any remaining
funds will be treated as security deposit.
18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or
Tenant's guest, fire or other cause destroys or damages the Premises to the extent that Tenant's
enjoyment is substantially impaired, Tenant may immediately vacate the premises and within 14 days
thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases,
the Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will return
Tenant's security deposit, any interest required by law, and prepaid rent covering the period after
Tenant vacated the Premises - subject to any set off for charges or damages Tenant owes to
Landlord. If, through no fault or negligence of Tenant or Tenant's guests, fire or other cause damages
the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially
impaired, Landlord will have a reasonable period of time in which to repair the Premises. Landlord's
duty to repair will not arise until Tenant gives Landlord written notice of the damage to the Premises.
If Landlord fails to repair the Premises within a reasonable period of time after having received written
34
notice from Tenant, Tenant will be entitled to a reduction in rent for that period of time beginning 30
days after notice was given to Landlord and ending on the date Landlord successfully repairs the
Premises. In any dispute concerning Tenant’s right to terminate this Lease or receive a rent
reduction, Tenant will be required to prove that the condition of the Premises justifies such relief.
19. BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tenant's person or
property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily
injury or property damage suffered by Tenant or Tenant's guest.
20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-
discriminatory rules and regulations which concern the use and occupancy of the Premises, which
intend to promote the convenience, safety or welfare to tenants or preserve Landlord's property from
abusive conduct. Landlord agrees to give Tenant reasonable notice of any new rules or regulations
before enforcing such rules and regulations against Tenant.
21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and
other charges due under this lease unless Landlord signs a written statement on which Landlord
agrees to release tenant from such liability.
22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United
States armed forces and (i) receives orders for a permanent change of station to depart 50 miles or
more (radius) from the Premises or (ii) is prematurely and involuntarily discharged or relieved from
active duty with the United States aimed forces, Tenant may terminate this Lease by serving on
Landlord a written notice of termination. This notice must state the date when termination will be
effective and that date shall not be less than 30 days after the date Landlord receives the notice. In
addition, the termination date shall not be more than 60 days prior to the date of departure necessary
for Tenant to comply with the official orders or any supplemental instructions for interim training or
duty prior to the transfer. Tenant's written notice of termination must be accompanied by a copy of the
official orders. If Tenant exercises this right to terminate this Lease, Tenant shall be obligated for rent
prorated to the date of termination. Rent for the final month or portion thereof shall be due on the first
day of such month. On account of Tenant's early termination of this Lease, Landlord may require
Tenant to pay liquidated damages as follows:
a. If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective
date of termination, liquidated damages may be no greater than one-month's rent.
b. If Tenant has completed at least 6 months but less than 12 months of the tenancy under this
Lease as of the effective date of termination, liquidated damages may be no greater than one half
of one month's rent. Any amount owed; as liquidated damages by Tenant shall be due on the first
day of the month in which the effective termination date occurs. This section shall not relieve
Tenant of any other liabilities, which have accrued as of the date of termination.
23. TERMINATION, RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at
the end of the lease term on the date on which Tenant's occupancy ends. In addition, Landlord may
terminate this lease for any reason by giving at least thirty (30) days written notice to Tenant. The
termination of this Lease will terminate Tenant's right to occupancy but it will not terminate any claims
Tenant or Landlord may have arising out of events occurring during the Lease term or during any
holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that
agreement is in writing and signed by Tenant and Landlord. If Tenant remains in possession of the
Premises after the lease term is terminated or expires and Landlord consents to such holdover but
does not enter into a written agreement extending this Lease or substituting a new written lease,
Tenant shall have a month to month lease subject to termination by either party upon 30 days notice.
The monthly rent during such holdover period shall be at the same rate as under this Lease or as
otherwise agreed in writing.
24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without
Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant agrees to
pay Landlord a $ N/A fee if Tenant assigns or sublets the Premises, or any part thereof. No
assignment or sublet will release Tenant from continuing liability for the full performance of this Lease
unless Landlord signs a written statement clearly releasing Tenant from such liability.
35
25. BREACH BY TENANT. If (a) Tenant fails to pay rent within five days after the date when due, (b)
Tenant commits a material breach of this Lease, (c) Tenant denies Landlord's exercise of any rights
under this Lease or arising by law, (d) legal proceedings are begun by or against Tenant to levy upon
or dispose of Tenants leasehold interest in the Premises, or (e) the Premises is used by Tenant or
others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take
possession through legal proceedings or, if the Premises is abandoned, to enter and take possession
by any lawful means. In addition, Landlord will have the right to pursue all other remedies available,
including a claim for damages. If Landlord pursues any such remedies (and regardless of whether
such remedies are prosecuted to judgment), Tenant will be liable as follows:
a. For all past due rent and other charges
b. For all additional rent (future rent) that would have accrued until the expiration of the term of
occupancy under this Lease or until a new lease term begins, provided (i) that this will not affect
Landlord's duty to minimize the damages by making reasonable efforts to enter into a new lease
as soon as practical, and (ii) that if Landlord obtains a judgment for future rent, Landlord shall
apply as a credit towards that judgment all funds received by Landlord as rent for the Premises
for those months for which the judgment for future rent was awarded.
c. For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to
Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear
and tear excepted;
d. For any court costs and reasonable attorneys fees incurred by Landlord (i) in collecting rent, other
charges or damages, and (ii) in obtaining possession of the Premises;
e. For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and
attorneys fees. Tenant understands and agrees that this amount represents damages Landlord
will be likely to incur in efforts to obtain a judgment against Tenant (including time and effort spent
in case investigation, correspondence, filling suit, discussions with lawyers, case preparation and
court attendance) and to collect such a judgment. If Tenant has breached the Lease by failing to
pay rent when due, Landlord shall give a written notice to Tenant stating that the Lease will
terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent within that 5 day
period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by
filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim for rent
and other damages. In connection with breaches other than failure to pay rent, if a material
noncompliance with this Lease exists or if there is a violation materially affecting health and
safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting
the breach and stating (i) that the Lease will terminate upon a date not less than 30 days after
Tenant receives the notice unless the breach is remedied within 21 days, and (ii) that the lease
will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of
damages and Tenant adequately remedies the breach within 21 days or such longer period of
time as Landlord may allow, the Lease shall not terminate. On the other hand, if the breach is not
remedial, Landlord's written notice to Tenant may state the acts and omissions constituting the
breach and state that the lease will terminate upon a specific date, which date may not be less
than 30 days after Tenant receives the notice.
26. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) fails to a
substantial extent to comply with any laws with which Landlord must comply and which materially
affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and
conditions on the Premises concerning Landlord's breach and stating that this lease will terminate
upon a specific date (which must be 30 days or more from the date Landlord receives the notice)
unless Landlord remedies the breach within 21 days. If Landlord remedies the breach within that 21
day period, this Lease will not be subject to termination by Tenant in that instance. Tenant will not
have the right to terminate this Lease because of conditions caused by the intentional or negligent
acts of Tenant or persons on the Premises with Tenant's consent.
27. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises that
Landlord is required to repair unless Tenant has given Landlord written notice of the condition and
Landlord has failed to successfully repair the condition within a reasonable period of time. If Tenant
withholds rent because Landlord has breached the Lease, Tenant must immediately give Landlord a
second written notice of the breach and of any conditions of the Premises which Landlord is required
to remedy or repair and must state that rent is being withheld for such reasons. If Landlord then sues
Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the rent to the
36
court, which will hold the rent until it decides what portion, if any, should be paid to Landlord. If
conditions exist which Landlord is required to remedy and which creates a fire hazard or serious
threat to the health or safety of Tenant, Tenant may file an action in a court of competent jurisdiction
to terminate the Lease, to require Landlord to repair the Premises, or to obtain other relief. In such an
action, Tenant may pay rent to the court to be held until Tenant's action is decided. If Tenant
withholds rent or pays rent into court under this section and the court finds (a) that Tenant has acted
in bad faith, (b) that Tenant, Tenant's family or guests have caused the conditions or have refused
unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will be liable for
Landlord's reasonable costs, including costs for time spent, court costs, any repair costs due to
Tenant's violation of the Lease, and attorneys fees.
28. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or
sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth
above or at such other address as a party may designate from time to time by notice given in
accordance with the terms of this section.
29. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not
alter or amend the provisions that follow such headings.
30. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of the State of
Virginia.
31. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable
under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the
remaining provisions of this Lease.
32. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a breach by Tenant shall not
be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue
in full force and effect.
33. AMENDMENTS. This lease may not be amended or modified except by prior written consent of the
Landlord. All amendments or modifications shall be in writing and signed by both parties.
34. ENTIRE AGREEMENT. This lease and Addendum attached hereto shall constitute the full and
complete agreement between the parties, and no other writings or statements (other than
amendments or modifications pursuant to Section 32) shall be of any consequence or have any legal
effect.