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HomeMy WebLinkAbout20100602actions 1 ACTIONS Board of Supervisors Meeting of June 2, 2010 June 10, 2010 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 9:02 a.m. by the Chair, Ann Mallek. All BOS members were present. Also present were Bob Tucker, Larry Davis, and Ella Jordan. 4. Recognition: a. Thomas McQueeney – Economic Development Authority. • Chair recognized Mr. McQueeney with a Certificate of Appreciation for 27 years of service on the EDA. 5. From the Board: Matters not listed on the Agenda. Lindsay Dorrier: • Asked when a joint meeting would be scheduled with the Library Board. Mr. Tucker suggested scheduling the meeting after the Board holds its’ June 30th Strategic Planning Retreat. Board members concurred. Rodney Thomas: • Provided an update on the reopening of the rock quarry on Rio Mills Road. Consensus of Board that the County Attorney draft a resolution, for adoption by the Board on June 9th, requesting VDoT take reasonable efforts to direct truck traffic generated by the quarry to ingress and egress through the portion of Rio Mills Road that extends south to the Route 29 intersection, rather than the segment of Rio Mills Road that extends north of this property to Earlysville Road. • Provided an update on a recent meeting of the Agricultural and Forestal District Committee meeting where they discussed streamlining the Ag Forestal addition application process and the possibility of charging an application fee to recover some of the costs of the application process. Consensus of Board that the County Attorney and Planning work together to simply the advertising requirements for the public hearings required for agricultural and forestal districts. • Asked for the dates of the open houses scheduled for Places29. Ms. Catlin responded: Thursday, June 3, open house at Senior Center, from 5:00 p.m. – 6:30 p.m.; Monday, June 7, open house at Hollymead Fire Station from 4:30 p.m. – 6:30 p.m.; and Wednesday, June 9, open house at COB, from 4:00 p.m. – 5:30 p.m. Ken Boyd: • Provided an update on the recent RWSA meeting. He mentioned a proposal put forward Clerk: Coordinate scheduling of meeting at appropriate time. County Attorney: Draft resolution for Board’s consideration. County Attorney/Planning: Coordinate efforts for change in process. Clerk: Coordinate scheduling of meeting. 2 from the consultants regarding the Ragged Mt. Dam. Expressed concern about continued delays and additional studies being requested. Consensus of Board to schedule meeting of four boards to discuss the Ragged Mt. Dam. Ann Mallek: • Mentioned an article in The Daily Progress regarding a bill in Congress that is challenging the ability of local wine producers to direct ship to customers worldwide. She will be providing Board members with additional information. She thinks this would be detrimental to rural businesses and asked Board members for their support in writing a letter to our Congressmen. 6. From the Public: Matters Not Listed for Public Hearing on the Agenda. • Pam Evans, a County resident, spoke about the need for streamlining the policy process, and the need for everyone in the community to work together on a fiscally conservative budget. • Ed Lowry, an attorney representing 16 County retirees, spoke regarding the County’s reduction in these employees’s Voluntary Early Retirement compensation based on an error in calculating the amount of the compensation. • Jeff Werner, of PEC, expressed concern with the Water Supply issue. He also provided Board members with a binder of the technical documents related to Places29. • Neil Williamson, of the Free Enterprise Forum, responded to comments made by Mr. Werner on Places29. He added that no modeling for the Bypass alternative has been done. 7.2 Road Name Change of Woodpecker Way to Raven Stone Road. • APPROVED changing the road name of Woodpecker Way to Raven Stone Road and AUTHORIZED staff to implement the change. Tex Weaver/Andy Slack: Proceed with approved changes. 7.3 FY 2010/11 Resolution of Appropriations. • APPROVED the Annual Resolution of Appropriations for FY 10/11 that allocates a total of $292,257,596 to various General Government and School Division operating, capital improvement, and debt service accounts for expenditure in FY 10/11. • APPROVED Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing. Clerk: Forward copy of signed resolutions to OMB, Finance and County Attorney’s offices. (Attachments 1 and 2) 7.4 VDoT Revenue Sharing Program Application, FY 2010/11 Resolution. • ADOPTED resolution to participate in VDOT’s Revenue Sharing Program for FY10-11, which requests $500,000 in State Revenue Sharing funds for the Crozet Streetscape Project. Clerk: Forward copy of resolution to Community Development and County Attorney’s office. (Attachment 3) 7.5 Authorize County Executive to execute Interoper- able Emergency Communications Planning Grant (IECPG) Resolution. Clerk: Forward signed resolution to Tom Hanson and copy County Attorney’s office. (Attachment 4) 3 • AUTHORIZED County Executive to execute resolution. 4 7.6 Petty Cash Resolution to Amend Petty Cash Fund for the Sheriff’s Office. • ADOPTED Resolution to reestablish current petty cash funds as well as amend petty cash fund for the Sheriff’s Office Clerk: Forward copy of signed resolution to Finance and County Attorney’s office. (Attachment 5) 7.7 Virginia Retirement System (VRS) Plan Changes - Authorize Pick-up of Employee’s Contribution. • This item was moved to end of meeting for discussion. Board then DEFERRED to June 9th for a discussion in a joint meeting with the School Board. Requested Human Resources provide information on impact of County picking up the costs. Clerk: Schedule on June 9th agenda. Human Resources: Provide additional information as requested. 8a. Quarterly Update: Albemarle County Service Authority, Gary O’Connell. • RECEIVED. 8b. Quarterly Update: Rivanna Water and Sewer Authority, Tom Frederick. • RECEIVED. 9. Update from Chiefs, Chief Tim Cersley, ACFRAB. • MOVED to June 9th. Clerk: Reschedule on June 9th agenda. 10. Conservation Easement/ACE update, Ches Goodall. • RECEIVED. 11. Public Hearing: Downtown Crozet Streetscape Right-of-Way Dedications. • APPROVED, by a vote of 6:0, the dedications to both Crozet Avenue and Main Street, and AUTHORIZED the County Executive to sign the plats and deed of dedication. Jack Kelsey/Bill Letteri: Proceed as approved. Provide Clerk with copy of signed documents. (Attachment 6) 12. Public Hearing: The Old Crozet School Arts Lease Agreement for Part of the Old Crozet Elementary School. • APPROVED, by a vote of 6:0, the lease with the OCSA and AUTHORIZED the County Executive to sign the lease on behalf of the County. George Shadman/Michael Freitas: Proceed as approved. Provide Clerk with copy of signed documents. (Attachment 7) 13. Public Hearing: FY 2010 Budget Amendment. • APPROVED, by a vote of 6:0, the FY 2010 Budget Amendment in the amount of $4,108,006.51 and APPROVED Appropria- tions #2010081, #2010082, #2010083, #2010084, #2010085, #2010086, #2010087 and #2010088 to provide funds for various local government and school projects and programs. Clerk: Forward copy of signed appropriations to Finance, OMB and appropriate individuals. 14. Public Hearing: ZTA-2010-00001. Industrial Uses. • ADOPTED ZTA-2010-00001, by a vote of 6:0, as proposed. Clerk: Forward copy of adopted ordinance to Community Development and County Attorney’s office. (Attachment 8) 15. Work Session: Development Review Process Improvements: Subdivisions and Site Plans. • RECEIVED. 16. Closed Meeting. • At 12:45 p.m., the Board went into closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia, under Subsection (1) to 5 consider appointments to boards, committees, and commissions; under Subsection (1) to conduct an administrative evaluation; under Subsection (1) to discuss the performance of a specific individual appointed by the Board; under Subsection (7) to consult with legal counsel and staff regarding probable litigation arising from a claim against the County related to retirement compensation; under Subsection (7) to discuss with legal counsel and staff regarding pending litigation arising from a donation by the County to the YMCA; and under Subsection (7) to consult with legal counsel and staff regarding specific matters requiring legal advice related to an interjurisdictional agreement. 17. Certify Closed Meeting. • At 2:15 p.m., the Board reconvened into open meeting and certified the closed meeting. 18. Boards and Commissions: Appointments. • APPOINTED Chad Zakiab to the Charlottesville Albemarle Convention and Visitors Bureau, with said term to expire June 30, 2012. • APPOINTED Amy Skolnick, as the youth representative, to the Commission on Children and Families, with said term to expire June 30, 2011. • APPOINTED Elizabeth Palmer, to replace Marvin Hilton, as the Samuel Miller District representative, on the Albemarle County Service Authority, with said term to expire on December 31, 2013. Clerk: Prepare appointment/reappointment letters, update Boards and Commissions book, webpage, and notify appropriate persons. NonAgenda. ADOPTED, by a vote of 6:0, Resolution to Disallow Claims for payment of VERIP Retirement Compensation that exceeds the amount authorized by the VERIP. Clerk: Notify Counsel for claimants and appropriate individuals, and copy County Attorney’s office. (Attachment 9) 19. Work Session: Albemarle County Economic Development Action Plan. • DIRECTED Lee Catlin to revise the proposed Plan as discussed, forward revised document to Board members and post on web site. • SCHEDULED two roundtable sessions: Wednesday, June 23rd, 5:00 p.m. – 6:30 p.m., and Thursday, July 1st, 1:00 p.m. – 2:30 p.m., both to be held in Room 241. • SET public hearing for July 14th. Clerk: Advertise public hearing for July 14th. Lee Catlin: Proceed as directed. 20. From the Board: Committee Reports and Matters Not Listed on the Agenda. • SCHEDULED a joint meeting with the School Board for June 9th, 4:00 p.m., to discuss the Virginia Retirement System (VRS) Plan Changes. • ADOPTED, by a vote of 6:0, Resolution to set FY 2011 Compensation and Benefits for the County Executive. Clerk: Schedule meeting. Clerk: Forward copy of resolution to Human Resources and County Attorney’s office. 6 21. Adjourn. • At 5:29, the meeting was adjourned to June 9, 4:00 p.m., Room 241, for a joint meeting with the School Board. /ewj Attachment 1 – Annual Resolution of Appropriations Attachment 2 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing Attachment 3 – Resolution - VDOT’s Revenue Sharing Program Attachment 4 – Resolution - Interoperable Emergency Communications Planning Grant (IECPG) Attachment 5 - Resolution - Petty Cash Fund Attachment 6 – Deed - Downtown Crozet Streetscape Right-of-Way Dedications Attachment 7 – The Old Crozet School Arts Lease Agreement Attachment 8 – Ordinance - ZTA-2010-00001. Industrial Uses Attachment 9 - Resolution to Disallow Claims for payment of VERIP Retirement Compensation 7 ATTACHMENT 1 ANNUAL RESOLUTION OF APPROPRIATIONS OF THE COUNTY OF ALBEMARLE FOR THE FISCAL YEAR ENDING JUNE 30, 2011 A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2011; to prescribe the provisions with respect to the items of appropriation and their payment; and to repeal all previous appropriation ordinances or resolutions that are inconsistent with this resolution to the extent of such inconsistency. BE IT RESOLVED by the Albemarle County Board of Supervisors: SECTION I - GENERAL GOVERNMENT (Fund 1000) That the following sums of money be and the same hereby are appropriated from the GENERAL FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2011: Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS: Refunds and Abatements $207,500 Paragraph Two: GENERAL MANAGEMENT AND SUPPORT Board of Supervisors $582,695 County Attorney $912,860 County Executive $1,073,789 Department of Finance $4,158,557 Department of Human Resources $673,346 Department of Information Technology $2,492,866 Voter Registration/ Elections $462,346 $10,356,459 Paragraph Three: JUDICIAL Circuit Court $103,061 Clerk of the Circuit Court $708,680 Commonwealth's Attorney $911,601 General District Court $22,806 Juvenile Court $148,717 Magistrate $4,425 Sheriff's Office $1,995,195 $3,894,485 Paragraph Four: PUBLIC SAFETY Albemarle County Fire/Rescue Department $6,678,976 Building Codes and Inspections $1,072,951 Community Attention Home $60,149 Department of Police $12,483,891 Emergency Communications Center $1,982,766 Fire Department Contract (City of Charlottesville) $764,647 Fire/Rescue Tax Credit $57,500 Forest Fire Extinguishment $23,786 Juvenile Detention Center $673,926 Offender Aid and Restoration (OAR) $155,382 Regional Jail Authority $3,154,209 SPCA Contract $379,100 Thomas Jefferson EMS Council $19,066 VJCCCA $52,231 Volunteer Fire Departments $1,251,343 Volunteer Rescue Squads $418,183 $29,228,106 8 Paragraph Five: GENERAL SERVICES / PUBLIC WORKS Facilities Development Department $999,077 General Services $350,000 Rivanna Solid Waste Authority $3,156,872 $4,505,949 Paragraph Six: HUMAN SERVICES AIDS Support Group $4,715 Arc of the Piedmont Infant Development Program $8,880 Boys and Girls Club $12,915 Bright Stars Transfer $727,746 BRMC - Latino Lay Health Promoter $5,173 Charlottesville Free Clinic $111,198 Children, Youth and Family Services (CYFS) $94,604 Commission on Children & Families (CCF) $85,117 Comprehensive Services Act Transfer $2,510,747 Computers4Kids $14,729 Department of Social Services $11,727,918 Health Department $551,444 JAUNT $866,902 Jefferson Area Board on Aging (JABA) $280,478 Jefferson Area CHIP $313,405 Legal Aid Justice Center $36,569 Madison House $10,266 Music Resource Center $5,702 Piedmont CASA $8,836 Piedmont Virginia Community College (PVCC) $22,301 Piedmont Workforce Network $13,805 Region Ten Community Services $569,531 Sexual Assault Resource Agency (SARA) $22,000 Shelter for Help in Emergency (SHE) $87,995 Tax Relief for Elderly/Disabled $1,000,000 United Way $115,922 $19,208,898 Paragraph Seven: PARKS, RECREATION AND CULTURE African American Festival $2,700 Ash-Lawn Highland $9,148 Darden Towe Park Transfer $156,838 Department of Parks & Recreation $2,198,752 Jefferson-Madison Regional Library $3,173,138 Literacy Volunteers $25,037 Municipal Band $16,371 Piedmont Council of the Arts $11,585 Virginia Discovery Museum $11,030 Virginia Festival of the Book $10,764 Virginia Film Festival $14,742 Visitors Bureau $603,852 WHTJ Public Television $2,459 WVPT Public Television $2,459 $6,238,875 Paragraph Eight: COMMUNITY DEVELOPMENT Albemarle Housing Improvement Program (AHIP) $395,512 Alliance for Community Choice in Transportation $6,175 Central Virginia Small Business Development Center $7,800 Charlottesville Transit Service $648,004 Department of Community Development $4,068,161 Housing Office $528,130 Monticello Area Community Action Agency (MACAA) $114,500 Piedmont Housing Alliance (PHA) $37,889 9 Planning District Commission (TJPDC) $108,292 Soil and Water Conservation $96,372 Stream Watch $10,275 VPI Extension Service $201,290 $6,222,400 Paragraph Nine: CAPITAL OUTLAYS Transfer to General Government Capital Improvements Fund $259,148 Transfer to Schools Capital Improvements Fund $259,148 Transfer to Storm Water Fund $261,250 $779,546 Paragraph Ten: REVENUE SHARING AGREEMENT Revenue Sharing Agreement $18,454,658 Paragraph Eleven: OTHER USES OF FUNDS Board Contingency Reserve $210,372 Revenue Shortfall Contingency $1,048,837 Salary Contingency - Reclassifications $25,000 VERIP Program $627,795 Transfer to General Government Debt Service $3,181,282 Transfer to School Division Debt Service $13,018,632 Transfer to School Fund - Recurring $96,057,504 $114,169,422 Total GENERAL FUND appropriations for the fiscal year ending June 30, 2011: $213,266,298 To be provided as follows: Revenue from Local Sources $183,458,594 Revenue from Local Sources - Transfers $2,692,166 Revenue from the Commonwealth $22,559,124 Revenue from the Federal Government $4,464,724 Revenue from Fund Balance $91,690 Total GENERAL FUND resources available for fiscal year ending June 30, 2011: $213,266,298 SECTION II: REGULAR SCHOOL FUND (Fund 2000) That the following sums of money be and the same hereby are appropriated for SCHOOL purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2011: Paragraph One: REGULAR SCHOOL FUND Administration, Attendance & Health $6,372,846 Facilities Construction/ Modification $334,600 Facilities Operation/ Maintenance $14,474,585 Instruction $104,045,029 Pupil Transportation Services $8,523,823 Technology $2,522,187 Other Uses of Funds $6,590,563 Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2011: $142,863,633 10 To be provided as follows: Revenue from Local Sources (General Fund Transfer) $96,057,504 Revenue from Other Local Sources $1,072,610 Revenue from School Fund Balance, Carry-Over, Transfers $2,200,000 Revenue from the Commonwealth $40,865,213 Revenue from the Federal Government $2,668,306 Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2011: $142,863,633 SECTION III: OTHER SCHOOL FUNDS That the following sums of money be and the same hereby are appropriated for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2011: Paragraph One: FOOD SERVICES (Fund 3000) Maintenance/ Operation of School Cafeterias $4,971,314 Summer Feeding $303,500 Total FOOD SERVICES appropriations for fiscal year ending June 30, 2011: $5,274,814 To be provided as follows: Revenue from Local Sources $3,380,232 Revenue from the Commonwealth $74,500 Revenue from the Federal Government $1,820,082 Total FOOD SERVICES resources available for fiscal year ending June 30, 2011: $5,274,814 Paragraph Two: PRE-SCHOOL SPECIAL EDUCATION FUND (Fund 3205) Special Ed Pre-School Program $67,416 Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal year ending June 30, 2011: $67,416 To be provided as follows: Revenue from the Federal Government $67,416 Total PRE-SCHOOL SPECIAL EDUCATION FUND resources available for fiscal year ending June 30, 2011: $67,416 Paragraph Three: McINTIRE TRUST FUND (Fund 3501) Payment to County Schools $10,000 Total McINTIRE TRUST FUND appropriations for fiscal year ending June 30, 2011: $10,000 To be provided as follows: Revenue from Investments Per Trust $10,000 Total McINTIRE TRUST FUND resources available for fiscal year ending June 30, 2011: $10,000 Paragraph Four: PREP PROGRAM C. B. I. P. Severe (Fund 3201) $1,006,038 E. D. Program (Fund 3202) $788,172 Total PREP PROGRAM appropriations for fiscal year ending June 30, 2011: $1,794,210 11 To be provided as follows: Revenue from Tuition and Fees $1,794,210 Total PREP PROGRAM resources available for fiscal year ending June 30, 2011: $1,794,210 Paragraph Five: FEDERAL PROGRAMS Adult Education (Fund 3115) $126,500 Carl Perkins (Fund 3207) $150,000 Chapter I (Fund 3101) $1,789,581 Migrant Education (Fund 3103) $147,000 Title II (Fund 3203) $450,000 English Literacy/Civics (Fund 3221) $166,500 Economically Dislocated Workers (Fund 3116) $60,000 Title III (Fund 3215) $120,000 21st Century Grant (Fund 3219) $163,177 Technology Challenge Grant (Fund 3131) $15,777 Race to GED (Fund 3309) $30,000 Families in Crisis (Fund 3304) $70,000 Safe Schools (Fund 3316) $778,766 Healthy Students (3317) $704,360 ARRA (Fund 3162) $2,855,590 Total FEDERAL PROGRAMS appropriations for fiscal year ending June 30, 2011: $7,627,251 To be provided as follows: Revenue from Local Sources $80,000 Revenue from Local Sources (Transfer from School Fund) $820,869 Revenue from the Federal Government $6,726,382 Total FEDERAL PROGRAMS resources available for fiscal year June 30, 2011: $7,627,251 Paragraph Six: COMMUNITY EDUCATION FUND (Fund 3300) Community Education $1,621,906 Total COMMUNITY EDUCATION FUND appropriations for fiscal year ending June 30, 2011: $1,621,906 To be provided as follows: Revenue from Local Sources (Tuition) $1,590,745 Revenue from Fund Balance (Fund 3300) $31,161 Total COMMUNITY EDUCATION FUND resources available for fiscal year ending June 30, 2011: $1,621,906 Paragraph Seven: SUMMER SCHOOL (Fund 3310) Summer School $460,561 Total SUMMER SCHOOL appropriations for fiscal year ending June 30, 2011: $460,561 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $149,621 Revenue from Local Sources (Tuition) $171,440 Miscellaneous Revenues $2,000 Revenue from the Commonwealth $137,500 Total SUMMER SCHOOL resources available for fiscal year ending June 30, 2011: $460,561 Paragraph Eight: SCHOOL BUS REPLACEMENT (Fund 3905) 12 School Bus Replacement $1,510,000 Total SCHOOL BUS REPLACEMENT appropriations for fiscal year ending June 30, 2011: $1,510,000 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $1,510,000 Total SCHOOL BUS REPLACEMENT resources available for fiscal year ending June 30, 2011: $1,510,000 Paragraph Nine: AIMR SUMMER RENTAL FUND (Fund 3145) AIMR Summer Rental $446,010 Total AIMR SUMMER RENTAL FUND appropriations for fiscal year ending June 30, 2011: $446,010 To be provided as follows: Revenue from Local Sources (rental) $446,010 Total AIMR SUMMER RENTAL FUND resources available for fiscal year ending June 30, 2011: $446,010 Paragraph Ten: INTERNAL SERVICE -VEHICLE MAINTENANCE FUND (Fund 3910) Vehicle Maintenance 799,536 Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2011: $799,536 To be provided as follows: Revenue from Local Sources (Charges) $799,536 Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources available for fiscal year ending June 30, 2011: $799,536 Paragraph Eleven: GENERAL ADULT EDUCATION FUND (Fund 3133) General Adult Education $15,000 Total GENERAL ADULT EDUCATION FUND appropriations for fiscal year ending June 30, 2011: $15,000 To be provided as follows: Revenue from Local Sources $5,000 Revenue from the Commonwealth $10,000 Total GENERAL ADULT EDUCATION FUND resources available for fiscal year ending June 30, 2011: $15,000 Paragraph Twelve: DRIVERS SAFETY FUND (Fund 3305) Drivers Safety Fund $435,600 Total DRIVERS SAFETY FUND appropriations for fiscal year ending June 30, 2011: $435,600 13 To be provided as follows: Revenue from Local Sources (Tuition) $375,100 Revenue from the Commonwealth $60,500 Total DRIVERS SAFETY FUND resources available for fiscal year ending June 30, 2011: $435,600 Paragraph Thirteen: OPEN DOORS FUND (Fund 3306) Open Doors Fund $123,000 Total OPEN DOORS FUND appropriations for fiscal year ending June 30, 2011: $123,000 To be provided as follows: Revenue from Local Sources (Tuition) $119,000 Revenue from Local Sources (Advertisements) $4,000 Total OPEN DOORS FUND resources available for fiscal year ending June 30, 2011: $123,000 Paragraph Fourteen: STATE PROGRAMS Special Education Jail Program (Fund 3212) $144,606 Algebra Readiness (Fund 3152) $28,104 Individualized Student Alternative Education (Fund 3142) $23,576 Teacher Mentor Program (Fund 3151) $9,586 Total STATE PROGRAMS appropriations for fiscal year ending June 30, 2011: $205,872 To be provided as follows: Revenue from the Commonwealth $205,872 Total STATE PROGRAMS resources available for fiscal year ending June 30, 2011: $205,872 Paragraph Fifteen: COMMUNITY CHARTER SCHOOL Community Charter School (Fund 3380) $18,800 Total COMMUNITY CHARTER SCHOOL appropriations for fiscal year ending June 30, 2011: $18,800 To be provided as follows: Revenue from Local Sources $18,800 Total COMMUNITY CHARTER SCHOOL resources available for fiscal year ending June 30, 2011: $18,800 Paragraph Sixteen: COMPUTER EQUIPMENT REPLACEMENT FUND (Fund 3907) Computer Equipment Replacement Fund $2,000,000 Total COMPUTER EQUIPMENT REPLACEMENT FUND appropriations for fiscal year ending June 30, 2011: $2,000,000 To be provided as follows: Revenue from Local Sources (Transfer from School Fund) $2,000,000 Total COMPUTER EQUIPMENT REPLACEMENT FUND resources available for fiscal year ending June 30, 2011: $2,000,000 Paragraph Seventeen KLUGE-CLUB YANCEY (Fund 3157) 14 Kluge-Club Yancey $20,000 Total KLUGE-CLUB YANCEY appropriations for fiscal year ending June 30, 2011: $20,000 To be provided as follows: Revenue from Local Sources $20,000 Total KLUGE-CLUB YANCEY resources available for fiscal year ending June 30, 2011: $20,000 Paragraph Eighteen: FOUNDATION FOR EXCELLENCE (Fund 3502) Foundation for Excellence $12,000 Total FOUNDATION FOR EXCELLENCE appropriations for fiscal year ending $12,000 To be provided as follows: Revenue from Local Sources (Miscellaneous) $12,000 Total FOUNDATION FOR EXCELLENCE resources available for fiscal year ending June 30, 2011: $12,000 Paragraph Nineteen: Textbook Replacement Fund Textbook Replacement $500,000 Total TEXTBOOK REPLACEMENT FUND appropriations for fiscal year ending To be provided as follows: Revenue from Local Sources (Transfer) $500,000 Total TEXTBOOK REPLACEMENT FUND resources available for fiscal year ending June 30, 2011: $500,000 Paragraph Twenty: American History Grant American History $104,000 Total AMERICAN HISTORY GRANT appropriations for fiscal year ending To be provided as follows: Revenue from Local Sources $104,000 Total AMERICAN HISTORY GRANT resources available for fiscal year ending June 30, 2011: $104,000 GRAND TOTAL - OTHER SCHOOL FUNDS $23,045,976 SECTION IV: OTHER SPECIAL REVENUE FUNDS Paragraph One: COMPREHENSIVE SERVICES ACT FUND (Fund 1551) Comprehensive Services Act Program Expenditures $7,250,000 Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year ending June 30, 2011: $7,250,000 15 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $2,510,747 Revenue from Local Sources (Transfer from School Fund) $1,040,000 Revenue from the Commonwealth $3,458,840 Revenue from Fund Balance $240,413 Total COMPREHENSIVE SERVICES ACT resources available for fiscal year ending June 30, 2011: $7,250,000 Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND (Fund 1553) Bright Stars Program $1,094,577 Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for fiscal year ending June 30, 2011: $1,094,577 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $727,746 Revenue from Local Sources (Transfer from School Fund) $95,535 Revenue from the Commonwealth $271,296 Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available for fiscal year ending June 30, 2011: $1,094,577 Paragraph Three: TOWE MEMORIAL PARK FUND (Fund 4200) Darden Towe Memorial Park $245,574 Total TOWE MEMORIAL PARK FUND appropriations for fiscal year ending June 30, 2011: $245,574 To be provided as follows: Revenue from Local Sources (Transfer from the General Fund) $156,838 Revenue from Other Local Sources $88,736 Total TOWE MEMORIAL PARK FUND resources available for fiscal year ending June 30, 2011: $245,574 Paragraph Four: MJ HEALTH GRANT (Fund 1563) MJ Health Grant $5,000 TOTAL MJ HEALTH GRANT appropriations for fiscal year ending June 30, 2011: $5,000 To be provided as follows: Revenue From Local Sources $5,000 Total MJ HEALTH GRANT resources available for fiscal year ending June 30, 2011: $5,000 Paragraph Five: COURTHOUSE MAINTENANCE FUND (Fund 9150) Transfer to General Government Capital Improvements Fund $40,409 TOTAL COURTHOUSE MAINTENANCE FUND appropriations for fiscal year ending June 30, 2011: $40,409 To be provided as follows: Revenue from Local Sources $40,409 16 Total COURTHOUSE MAINTENANCE FUND resources available for fiscal year ending June 30, 2011: $40,409 Paragraph Six: TOURISM FUND (Fund 1810) Tourism Enhancement (Transfer to General Fund) $1,248,750 Total TOURISM FUND appropriations for fiscal year ending June 30, 2011: $1,248,750 To be provided as follows: Revenue from Local Sources $1,248,750 Total TOURISM FUND resources available for fiscal year ending June 30, 2011: $1,248,750 Paragraph Seven: CRIMINAL JUSTICE PROGRAMS FUND (Fund 1520) Criminal Justice Grant Programs $751,590 Total CRIMINAL JUSTICE PROGRAMS FUND appropriations for fiscal year ending June 30, 2011: $751,590 To be provided as follows: Revenue from Local Sources $35,000 Revenue from the Commonwealth (Grant) $716,590 Total CRIMINAL JUSTICE PROGRAMS FUND resources available for fiscal year ending June 30, 2011: $751,590 Paragraph Eight: VICTIM-WITNESS GRANT FUND (Fund 1225) Victim-Witness Program $110,656 Total VICTIM-WITNESS GRANT FUND appropriations for fiscal year ending June 30, 2011: $110,656 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $27,807 Revenue from the Commonwealth (Grant) $82,849 Total VICTIM-WITNESS GRANT FUND resources available for fiscal year ending June 30, 2011: $110,656 Paragraph Nine: METRO PLANNING GRANT FUND (Fund 1208) Metropolitan Planning Organization Funding $12,000 Total METRO PLANNING GRANT FUND appropriations for fiscal year ending June 30, 2011: $12,000 To be provided as follows: Revenue from the Federal Government (Grant) $9,600 Revenue from the Commonwealth (Grant) $1,200 Local Funds (Transfer from the General Fund) $1,200 Total METRO PLANNING GRANT FUND resources available for fiscal year ending June 30, 2011: $12,000 17 Paragraph Ten: HOUSING ASSISTANCE FUND (Fund 1227) Family Self-Sufficiency Program (Transfer to General Fund) $308,780 Section 8 Housing Assistance Payments $2,680,200 Total HOUSING ASSISTANCE FUND appropriations for fiscal year ending June 30, 2011: $2,988,980 To be provided as follows: Revenue from the Federal Government $2,988,980 Total HOUSING ASSISTANCE FUND resources available for fiscal year ending June 30, 2011: $2,988,980 Paragraph Eleven: VEHICLE REPLACEMENT FUND (Fund 9200) Vehicle Replacement $361,790 Total VEHICLE REPLACEMENT FUND appropriations for fiscal year ending June 30, 2011: $361,790 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $359,440 Revenue from Other Local Sources $2,350 Total VEHICLE REPLACEMENT FUND resources available for fiscal year ending June 30, 2011: $361,790 GRAND TOTAL - SPECIAL REVENUE FUNDS $14,109,326 SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010) That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2011: Paragraph One: COURTS Court Square Maintenance/Replacement Projects $207,955 Old Jail Facility Maintenance $16,720 $224,675 Paragraph Two: PUBLIC SAFETY ACRJ Security System $36,513 Police Mobile Data Computers $329,175 $365,688 Paragraph Three: PUBLIC WORKS County Facilities - Maintenance/Replacement $914,375 Ivy Landfill Remediation $559,075 Keene Landfill Closure $52,250 Moores Creek Septage Receiving $178,695 Storage Facility Lease (Tr to General Fund) $58,000 $1,762,395 Paragraph Four: PARKS, RECREATION & CULTURE Parks - Maintenance/Replacement $407,550 $407,550 Paragraph Five: LIBRARIES 18 City-Co Branch Library Maintenance/Replacement $64,268 $64,268 Paragraph Six: TECHNOLOGY AND GIS County Server/Infrastructure Upgrade $397,100 Paragraph Seven: ACQUISITION OF CONSERVATION EASEMENTS Acquisition of Conservation Easements (ACE) Program $365,750 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2011: $3,587,426 To be provided as follows: Revenue from Local Sources (General Fund Transfer) $259,148 Other Local Sources (including Proffers) $252,593 Loan Proceeds $0 Use of Fund Balance $3,075,685 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2011: $3,587,426 SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000) That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2011: Paragraph One: EDUCATION (SCHOOL DIVISION) Administrative Technology $182,875 Maintenance/Replacement $3,581,215 Storage Facility Lease $144,000 Technology Grant $785,840 Wide Area Network Upgrade $418,000 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2011: $5,111,930 To be provided as follows: Revenue from Local Sources (General Fund Transfer) $259,148 Proffers $0 Interest Earned $20,000 State Technology Grant $752,000 VPSA Bonds $2,917,000 Fund Balance $1,163,782 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2011: $5,111,930 SECTION VII: STORM WATER CAPITAL IMPROVEMENTS FUND (Fund 9100) That the following sums of money be and the same hereby are appropriated from the STORM WATER CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2011: Paragraph One: STORM WATER PROJECTS Storm Water Control Program $261,250 Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2011: $261,250 19 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $261,250 Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2011: $261,250 SECTION VIII: DEBT SERVICE That the following sums of money be and the same hereby are appropriated for the function of DEBT SERVICE to be apportioned as follows from the GENERAL GOVERNMENT DEBT SERVICE FUND and the SCHOOL DIVISION DEBT SERVICE FUND for the fiscal year ending June 30, 2011: Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900) Debt Service Payments - School Division $13,018,632 Debt Service Payments - PREP $211,081 Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30, 2011: $13,229,712 To be provided as follows: Revenue from Local Sources (Transfer from General Fund) $13,018,632 Revenue from Local Sources (PREP Fees) $211,081 Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June 30, 2011: $13,229,712 Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910) Emergency Services Radio System Lease/Debt Service Payment $826,556 Debt Service Payments - General Government $2,624,514 Bond Issuance Cost $13,390 Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending June 30, 2011: $3,464,460 To be provided as follows: Revenue from Local Sources $283,178 Revenue from Local Sources (Transfer from General Fund) $3,181,282 Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year ending June 30, 2011: $3,464,460 GRAND TOTAL - DEBT SERVICE FUNDS $16,694,172 TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I -VIII OF THIS RESOLUTION FOR THE FISCAL YEAR ENDING June 30, 2011 RECAPITULATION: Appropriations: Section I General Fund $213,266,298 Section II School Fund $142,863,633 Section III Other School Funds $23,045,976 Section IV Other Special Revenue Funds $14,109,326 Section V General Government Capital Improvements Fund $3,587,426 Section VI School Division Capital Improvements Fund $5,111,930 Section VII Storm Water Capital Improvements Fund $261,250 Section VIII Debt Service $16,694,172 20 $418,940,011 Less Inter-Fund Transfers General Fund to School Fund ($96,490,634) General Fund to Special Revenue Funds ($3,783,778) General Fund to Capital Improvements Funds ($779,546) General Fund to Debt Service Funds ($16,199,914) Special Revenue Funds to General Fund ($1,557,530) Special Revenue Funds to Capital Improvements Funds ($40,409) School Fund to Self-Sustaining Funds ($4,980,490) School Fund to Special Revenue Funds ($1,135,535) School Fund to General Fund ($474,538) Self-Sustaining Funds to School Fund ($400,000) Capital Improvements Funds to General Fund/School Fund ($840,041) ($126,682,415) GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $292,257,596 SECTION IX: EMERGENCY COMMUNICATIONS CENTER That the following sums of money be and the same hereby are appropriated from the EMERGENCY COMMUNICATIONS CENTER FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2011: Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND Emergency Communications Center $5,022,847 Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year ending June 30, 2011: $5,022,847 To be provided as follows: Albemarle County $1,982,766 City of Charlottesville $1,647,045 University of Virginia $553,503 Revenue from Other Local Sources $276,387 Revenue from the Commonwealth $550,000 Revenue from the Federal Government $13,146 Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal year ending June 30, 2011: $5,022,847 BE IT FURTHER RESOLVED THAT the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation resolution. SECTION IX All of the monies appropriated as shown by the contained items in Sections I through VIII are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. The Director of Finance (Richard Wiggans) and Clerk to the Board of Supervisors (Ella W. Jordan) are hereby designated as authorized signatories for all bank accounts. Paragraph One Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional, and proportionate appropriations - the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. 21 Paragraph Two All revenue received by any agency under the control of the Board of Supervisors included or not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for goods, materials, supplies, equipment, or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney, and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specifications furnished by the contracting department, bureau, agency, or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County Purchasing Manual shall not be considered obligations of the County, and the Director of Finance shall not issue any warrants in payment of such obligations. Paragraph Four Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to time to maintain like rates. Paragraph Five All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be and the same are hereby repealed. Paragraph Seven This resolution shall become effective on July first, two thousand and ten. 22 ATTACHMENT 2 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the Albemarle County Board of Supervisors, Virginia (the “Borrower”), intends to acquire, construct and equip the items and projects set forth in Exhibit A hereto (collectively, the “Project”); and WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other debt, to pay the costs of the Project in an amount not currently expected to exceed $19,324,839. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. 23 Exhibit A CAPITAL IMPROVEMENT PROGRAM BONDED PROJECTS FY 2010/11 Schools Amount 1. School Maintenance Projects $2,917,000 Schools Subtotal $2,917,000 TOTAL DEBT ISSUE – FY 2010/11 PROJECTS $2,917,000 PREVIOUSLY APPROPRIATED PROJECTS TO BE BONDED Schools Amount 1. School Maintenance Projects $3,269,000 2. Gymnasium HVAC & Lighting Replacement $1,794,000 4. Greer Elementary School Addition/Renovations $80,000 5. Crozet Elementary School Improvements $395,000 6. Henley Auxiliary PE/Meeting Space $200,000 Schools Subtotal $5,738,000 General Fund Amount 1. Juvenile & Domestic Relations Court Renovations $3,650,000 2. Pantops Fire Station $250,000 3. Ivy Fire Station $250,000 4. Fire Rescue Apparatus $1,016,000 5. Crozet Ladder Truck $1,138,000 6. Hollymead Fire Apparatus $415,000 7. Crozet Streetscapes Phase II* $1,890,839 8. Crozet Library* $1,800,000 9. County IT Infrastructure/Server Upgrade $260,000 General Fund Subtotal $10,669,839 TOTAL DEBT ISSUE – ALL PROJECTS $19,324,839 *Project previously anticipated to be funded or partially funded with cash. 24 ATTACHMENT 3 RESOLUTION TO PARTICIPATE IN VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEAR 2011 WHEREAS, the County of Albemarle desires to submit an application for up to $500,000 of revenue sharing funds through the Virginia Department of Transportation Fiscal Year 2010/11 Revenue Sharing Program; and WHEREAS, the County is willing to commit a $500,000 match in order to compete for Tier Two funding; and WHEREAS, these funds are requested to fund the Crozet Avenue (Route 240) streetscape and road improvements project between Tabor Street and Three Notched Road, which will provide new and upgraded sidewalks, travelway, and turn lane improvements along Crozet Avenue, as well as drainage and stormwater detention improvements that serve both the Crozet Streetscape Project and the Jarmans Gap Road Project. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby commits to provide $500,000 of matching funds in its application for up to $500,000 of revenue sharing funds from the Virginia Department of Transportation Revenue Sharing Program and requests that the Virginia Department of Transportation approve the County’s application. 25 ATTACHMENT 4 Governing Body Resolution BE IT RESOLVED BY THE Board of Supervisors____________________ (Governing Body) OF THE _________________________ County of Albemarle, Virginia___________________ (Name of Applicant) ECC Executive Director, OR________________ (Name or Title of Authorized Agent) County Executive, OR_________________ (Name or Title of Authorized Agent) _______________________________________________________________ , (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of Virginia. 26 ATTACHMENT 5 RESOLUTION WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on November 5, 2008 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend certain petty cash funds for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia establishes the following petty cash funds: Finance Department $ 4,350.00 Social Services 200.00 Community Development 100.00 Police Department 1,800.00 Fire and Rescue 150.00 Fire and Rescue - Monticello Fire Station 200.00 Fire and Rescue – Hollymead Fire Station 500.00 Commonwealth’s Attorney 300.00 Parks & Recreation 100.00 Total $ 7,700.00 27 ATTACHMENT 6 TAX MAP # 56A2-1-18 and 56A2-1-19 RW-______ Revised _____ PREPARED BY VDOT UNDER SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Exempted from recordation taxes and fees under Sections 58.1-811(A)(3), 58.1-811(C)(5), 58.1-3315, 25.1- 418, 42.1-70, 17.1-266, and 17.1-279(E) This Deed, made this 10th day of June 2010, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter designated as Grantor, and the COMMONWEALTH OF VIRGINIA, Grantee, WITNESSETH: In consideration of the sum of $1.00 paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys unto the Grantee in fee simple, with Special Warranty Title, the land located in White Hall Magisterial District, in the County of Albemarle, and described as follows: Parcel “T” All that certain lot, piece or parcel of land shown and designated as PARCEL “T” on that certain "SUBDIVISION PLAT SHOWING PARCEL ‘T’ BEING A PORTION OF TAX MAP 56A2 PARCEL 1-19, HEREBY DEDICATED TO COMMONWEALTH OF VIRGINIA, VIRGINIA DEPARTMENT OF TRANSPORTATION ALSO SHOWING PARCEL “T-1” BEING A PORTION OF TAX MAP 56A2 PARCEL 1-19 HEREBY DEDICATED TO PUBLIC USE, LOCATED ON CROZET AVENUE, WHITE HALL DISTRICT ALBEMARLE COUNTY VIRGINIA" dated October 24, 2008, and last revised April 22, 2010, prepared by Thomas B. Lincoln Land Surveyor, Inc., said plat being attached hereto and recorded herewith. AND BEING a portion of the property acquired by the Grantor herein by Deed from Edwina Crawford Harris, dated June 12, 2006 and recorded June 28, 2006 in Deed Book 3239 at page 326 among the land records maintained by the Clerk of the Circuit Court of Albemarle County, Virginia. Parcel “U” All that certain lot, piece or parcel of land shown and designated as PARCEL "U" on that certain " SUBDIVISION PLAT SHOWING PARCEL ‘U’ BEING A PORTION OF TAX MAP 56A2 PARCEL 1- 18, HEREBY DEDICATED TO COMMONWEALTH OF VIRGINIA, VIRGINIA DEPARTMENT OF TRANSPORTATION, LOCATED ON CROZET AVENUE, WHITE HALL DISTRICT ALBEMARLE COUNTY VIRGINIA " dated October24, 2008, and last revised April 22, 2010, prepared by Thomas B. Lincoln Land Surveyor, Inc., said plat being attached hereto and recorded herewith. AND BEING a portion of the property acquired by the Grantor herein by Deed from Thomas Amato and Martha B. Amato, husband and wife, dated November 16, 2006 and recorded December 1, 2006 in Deed Book 3329 at page 737 among the land records maintained by the Clerk of the Circuit Court of Albemarle County, Virginia. The Grantor by execution of this instrument acknowledges that the plans for the aforesaid project as they affect its property have been fully explained to its authorized representative. The Grantor covenants and agrees for itself, its successors and assigns, that the consideration hereinabove mentioned and paid to it shall be in lieu of any and all claims to compensation for land, and for 28 damages, if any, to the remaining lands of the Grantor which may result by reason of the use to which the Grantee will put the land to be conveyed, including such drainage facilities as may be necessary. WITNESS the following signatures and seals: 29 ATTACHMENT 7 AGREEMENT OF LEASE THIS LEASE AGREEMENT is made as of April 8, 2010, by and between the COUNTY OF ALBEMARLE, VIRGINIA, Landlord, and the OLD CROZET SCHOOL ARTS, a Virginia non-stock corporation, Tenant. ARTICLE I. PREMISES AND IMPROVEMENTS In consideration of the rents and covenants herein set forth, Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the premises described on Exhibit A attached hereto and made a part hereof together with any and all improvements thereon (the "Leased Premises”). The Leased Premises shall be occupied by the Old Crozet School Arts. ARTICLE II. TITLE: QUIET ENJOYMENT So long as Tenant is not in default hereunder, Tenant shall have peaceful and quiet enjoyment, use and possession of the Leased Premises without hindrance on the part of the Landlord or anyone claiming by, through, or under Landlord. ARTICLE III. TERM Section 3.1. Commencement and Expiration. The term of this Lease shall commence on 1 August 2010 (the "Date of Commencement") and shall expire 31 July 2011. All references to the “term” of this Lease shall, unless the context indicates a different meaning, be deemed to be a reference to the term described herein. Section 3.2. Renewal. This Lease shall automatically renew for up to four additional 12-month terms unless notice is given by either Landlord or Tenant no later than 60 days prior to the expiration of any term. ARTICLE IV. RENT Section 4.1. Annual Rent. Commencing upon the Date of Commencement, during the first year of this Lease, Tenant agrees to pay to Landlord annual rent of $18,387.06, payable in equal monthly installments, in advance, on the first day of each month during the term hereof. Gross square feet shall be calculated within the perimeter of the area to be used solely by the Old Crozet School Arts as shown in Exhibit A. After the first year of this Lease, the rent for subsequent years of the term of the Lease shall be indexed for inflation and shall be calculated by first establishing a fraction, the numerator of which shall be the level of the CPI Index (as defined herein) as of the first day of that month which is two months before the month in which the Date of Commencement occurs in the subsequent years, and the denominator of which shall be the level of the CPI Index as of the first day of that month which is two months before the initial Date of Commencement. The resulting fraction shall be multiplied by the rent agreed upon or established for the first year of the term of the Lease to determine the annual rent due for the year. The rental figure shall be revised each year based upon this formula. The CPI Index shall be the U.S. Bureau of Labor Statistics Consumer Price Index (all items, all urban consumers, 1982-1984 = 100). If the CPI Index shall be discontinued, Landlord shall designate an appropriate substitute index or formula having the same general acceptance as to use and reliability as the CPI Index and such substitute shall be used as if originally designated herein. Notwithstanding the foregoing, in no event shall the rent due for any lease year decrease below the rent payable for the first year. Section 4.2. Address for Rent Payment. All payments of rent due Landlord pursuant to Section 4.1 shall be made to Landlord at the address specified in Section 18.3, or to such other party or at such other address as hereinafter may be designated by Landlord by written notice delivered to Tenant at least ten (10) days prior to the next ensuing monthly rental payment date. 30 ARTICLE V. UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, and heating services as part of Tenant’s rent. Tenant shall exercise reasonable and responsible care to conserve these utilities. The Tenant agrees that the monthly rent stipulated above may be adjusted to reflect any change in the cost to the Landlord of providing those utility services above. The Landlord shall provide the Tenant with prompt notice of any such change, and shall make available evidence of its actual utility costs. Tenant shall provide telephone, janitorial, garbage disposal, snow removal and all other services. ARTICLE VI. USE OF PROPERTY Section 6.1. Permitted Use. Tenant shall have use of the Leased Premises as a private school. No other use of the Leased Premises is permitted without the prior consent of the Landlord. Section 6.2. Parking. Tenant shall be entitled to the use of parking spaces in the parking lot and an access easement to the Leased Premises. Landlord reserves the nonexclusive right to use the parking lot after 5 p.m. in conjunction with the community use of the Upper Athletic Field. ARTICLE VII. ALTERATIONS, IMPROVEMENTS, FIXTURES AND SIGNS Section 7.1. Installation by Tenant. (a) Tenant may, from time to time, make or cause to be made any interior non-structural alterations, additions or improvements which do not damage or alter the Leased Premises, provided that Landlord's consent shall have first been obtained in writing, and provided that Tenant shall obtain all required governmental permits for such alterations, additions or improvements. All such alterations, additions or improvements shall be at the sole expense of the Tenant. (b) Tenant may, from time to time, make interior structural alterations, additions or improvements, only with Landlord's prior written consent to plans and specifications therefor, which consent shall not be unreasonably withheld. All such alterations, additions or improvements shall be at the sole expense of the Tenant. Upon the expiration or sooner termination of this Lease, Landlord shall have the option (exercisable upon sixty (60) days notice to Tenant except in the case of a termination of this Lease due to a default by Tenant, in which case no such notice shall be required) to require Tenant to remove at Tenant's sole cost and expense any and all improvements made by Tenant to the Leased Premises or to elect to keep such improvement as Landlord's property. In the event Tenant is required to remove any improvements, (i) Tenant shall be responsible for the repair of all damage caused by the installation or removal thereof, and (ii) if Tenant fails to properly remove such improvements or provide for the repair of the Leased Premises, Landlord may perform the same at Tenant's cost and expense. Section 7.2. Signs. Tenant shall have the right to place signs on the interior or exterior of the Leased Premises with the prior written approval of Landlord. ARTICLE VIII MAINTENANCE OF LEASED PREMISES Section 8.1. Maintenance. Tenant shall keep the Property clean, neat, orderly, presentable and in good repair at all times. Landlord shall deliver the Property to Tenant at the beginning of the term in its present condition. Landlord shall be responsible for all repairs and maintenance for the Leased Premises, except as provided below, whether ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, including, but not limited to, plumbing, heating, electrical, plate glass and windows. Tenant shall be responsible for routine repairs and maintenance (excluding repairs and maintenance of the building and structural components identified above), except that the Tenant’s obligation for such routine repairs and maintenance shall not exceed $2,500.00 in any one year of the initial or subsequent term(s). Notwithstanding the foregoing, Tenant shall be responsible for all maintenance and repairs necessitated by the negligence of Tenant, its employees and invitees. Section 8.2. Right of Entry. Landlord reserves the right for itself, its agents and employees to enter upon the Leased premises at any reasonable time to make repairs, alterations or improvements; provided, however, that such repairs, alterations, or improvements shall not unreasonably interfere with 31 Tenant’s operations. Such right to enter shall also include the right to enter upon the leased premises for the purposes of inspection. Section 8.3. Surrender of Leased Premises. At the expiration of the tenancy hereby created, Tenant shall surrender the Leased Premises and all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, which Landlord has granted permission to have left in the Leased Premises. At such time, the Leased Premises shall be broom clean and in good condition and repair, commensurate with its age. If Tenant leaves any of Tenant's personal property in the Leased Premises, Landlord, at its option, may remove and store any or all of such property at Tenant's expense or may deem the same abandoned and, in such event, the property deemed abandoned shall become the property of Landlord. ARTICLE IX. INSURANCE Section 9.1. Liability Insurance of Tenant. Tenant covenants and agrees that it will, at all times during the term of this Lease, keep in full force and effect a policy of public liability and property damage insurance with respect to the Leased Premises and the business operated by Tenant and any sub-tenants of Tenant on the Leased Premises in which the limits of public liability for bodily injury and property damage shall not be less than One Million Dollars ($1,000,000) per accident, combined single limit. The policy shall name Landlord as additional insured. The policy shall provide that the insurance thereunder shall not be cancelled until thirty (30) days after written notice thereof to all named insureds. Section 9.2. Fire and Extended Coverage. Landlord agrees that it will, during the initial and any renewal term of this Lease, insure and keep insured, for the benefit of Landlord and its respective successors in interest, the Leased Premises, or any portion thereof then in being. Such policy shall contain coverage against loss, damage or destruction by fire and such other hazards as are covered and protected against, at standard rates under policies of insurance commonly referred to and known as "extended coverage," as the same may exist from time to time. Landlord agrees to name Tenant as an additional insured on such policy, as its interest may appear. Section 9.3. Evidence of Insurance. Copies of policies of insurance (or certificates of the insurers) for insurance required to be maintained by Tenant and Landlord pursuant to Sections 9.1 and 9.2 shall be delivered by Landlord or Tenant, as the case may be, to the other upon the issuance of such insurance and thereafter not less than thirty (30) days prior to the expiration dates thereof. Section 9.4. Waiver of Subrogation. Tenant hereby releases the Landlord from any and all liability or responsibility to Tenant or anyone claiming through or under it, by way of subrogation or otherwise, from any loss or damage to property caused by any peril insured under Tenant’s policies of insurance covering such property (but only to the extent of the insurance proceeds payable under such policies), even if such loss or damage is attributable to the fault or negligence of Landlord, or anyone for whom the Landlord may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as any such release shall not adversely affect or impair the releasor’s policies or insurance or prejudice the right of the releaser to recover thereunder. ARTICLE X. WASTE, NUISANCE, COMPLIANCE WITH GOVERNMENTAL REGULATIONS Section 10.1. Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste or any nuisance upon the Leased Premises. Section 10.2. Governmental Regulations. During the term of this Lease, Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the Leased Premises or Tenant’s use and occupancy thereof. ARTICLE XI. FIRE OR OTHER CASUALTY If the Leased Premises shall be damaged so as to render two-thirds (2/3) or more of the Leased Premises untenantable by fire or other casualty insured against under the insurance required to be carried 32 by Landlord pursuant to Section 9.2, Landlord may elect to either terminate this Lease as of the date of damage or repair the Leased Premises. Unless Landlord elects to terminate this Lease, such damage or destruction shall in no way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of the rent payable under Article IV while such repairs are being made, such proportionate reduction to be based upon the proportion of the Leased Premises rendered untenantable as a result of such damage. Notwithstanding the foregoing, if any damage or destruction from any cause whatsoever has not been repaired and such repairs have not commenced within one hundred eighty (180) days of the date thereof, Tenant may, as its exclusive remedy, terminate this Lease upon thirty (30) days written notice to Landlord. ARTICLE XII CONDEMNATION If the whole or any part of the Leased Premises shall be taken under the power of eminent domain, then this Lease shall terminate as to the part so taken on the day when Tenant is required to yield possession thereof, the Landlord shall make such repairs and alterations as may be necessary in order to restore the part not taken to useful condition; and the rent payable under Article IV shall be reduced proportionately as to the portion of the Leased Premises so taken. If the amount of the Leased Premises so taken is such as to impair substantially the usefulness of the Leased Premises for the purposes for which the same are hereby leased, then either party shall have the option to terminate this Lease as of the date when Tenant is required to yield possession. ARTICLE XIII DEFAULT OF TENANT Section 13.1. Default. The occurrence of any of the following shall be deemed a "default" under this Lease: (a) Tenant fails to pay when due any amount of rent, additional rent or other monies due under this Lease, including Articles IV and V, and such payment is not received by Landlord within ten (10) days after written notice of such failure is received by Tenant; or (b) a default in any of the other provisions of this Lease, and such default continues uncured for a period of thirty (30) days after written notice thereof from Landlord. Section 13.2. Remedies. In the event of any default or breach hereof by Tenant, Landlord shall have the right (in addition to all other rights and remedies provided by law) to terminate this Lease or to re- enter and take possession of the Leased Premises, peaceably or by force, and to remove any property therein without liability for damage to and without obligation to store such property, but may store the same at Tenant's expense, and to collect from Tenant all rent then due and which would accrue for the unexpired portion of the term hereof, together with reasonable attorney's fees. In addition, in the event of a failure to pay rent, additional rent or other money within five (5) days of its due date, Tenant shall pay to Landlord the greater of Twenty-Five and no/100 Dollars ($25.00) or one half (1/2) of one percent (1%) of such sum for each day after the fifth day such rent or other money is late. ARTICLE XIV HOLDING OVER, ASSIGNS, SUCCESSORS Section 14.1. Holding Over. Any holding over after the expiration of the term hereof, with the consent of Landlord, shall be construed to be a tenancy from month-to-month at the same rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified as far as applicable. Section 14.2. Showing the Leased Premises. During the last ninety (90) days of the term hereof, Tenant shall allow Landlord, or its agents, to show the Leased Premises to prospective tenants or purchasers at such times as Landlord may reasonably desire. Section 14.3. Successors. All rights and liabilities herein given to, or imposed upon the respective parties hereto, shall extend to and bind the heirs, executors, administrators, successors and permitted assigns of the parties. All covenants, representations and agreements of Landlord shall be deemed the covenants, representations and agreements of the fee owner from time to time of the Leased Premises and Landlord shall be automatically released of all liability under this Lease from and after the date of any sale 33 by Landlord of the Leased Premises. All covenants, representations and agreements of Tenant shall be deemed the covenants, representations, and agreements of the occupant or occupants of the Leased Premises. ARTICLE XV. BROKER’S FEES Tenant and Landlord hereby warrant that there are no brokerage commissions due in connection with this Lease. ARTICLE XVI. NO ASSIGNMENT Tenant shall not assign this Lease or sublet all or any portion of the Leased Premises, either directly or indirectly, without the prior written consent of Landlord. No assignment, sublease or transfer of this Lease by Tenant shall (i) be effective unless and until the assignee, subtenant or transferee expressly assumes in writing Tenant's obligations under this Lease, or (ii) relieve Tenant of its obligations hereunder, and Tenant shall thereafter remain liable for the obligations of the Tenant under this Lease whether arising before or after such assignment, sublease or transfer. ARTICLE XVII. SUBORDINATION OF LEASE This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to (1) any mortgages, deeds of trust and building loan agreements affecting the Leased Premises, including any and all renewals, replacements, modifications, substitutions, supplements and extensions thereof, and (2) each advance made or to be made thereunder. In confirmation of such subordination, Tenant shall promptly upon the request of Landlord execute and deliver an instrument in recordable form satisfactory to Landlord evidencing such subordination; and if Tenant fails to execute, acknowledge or deliver any such instrument within ten (10) days after request therefor, Tenant hereby irrevocably constitutes and appoints Landlord as Tenant's attorney-in-fact, coupled with an interest, to execute, acknowledge and deliver any such instruments on behalf of Tenant. Tenant further agrees that in the event any such mortgagee or lender requests reasonable modifications to this Lease as a condition of such financing, Tenant shall not withhold or delay its consent thereto. ARTICLE XVIII. MISCELLANEOUS Section 18.1. Waiver. The waiver by Landlord or Tenant of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition contained herein. The subsequent acceptance or payment of rent hereunder by Landlord or Tenant, respectively, shall not be deemed to be a waiver of any breach by Tenant or Landlord, respectively, of any term, covenant or condition of this Lease regardless of knowledge of such breach at the time of acceptance or payment of such rent. No covenant, term, or condition of this Lease shall be deemed to have been waived by Tenant or Landlord unless the waiver be in writing signed by the party to be charged thereby. Section 18.2. Entire Agreement. This Lease, and the Exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Leased Premises; and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced in writing and signed by them. Section 18.3. Notices. Any notice, demand, request or other instrument which may be, or is required to be given under this Lease, shall be in writing and delivered in person or by United States certified mail, postage prepaid, and shall be addressed: (a) if to Landlord, at County of Albemarle County Executive’s Office 401 McIntire Road Charlottesville, Virginia 22902 34 or at such other address as Landlord may designate by written notice; (b) if to Tenant, at Old Crozet School Arts 260 Deer Crest Heights Charlottesville, VA 22903 or at such other address as Tenant shall designate by written notice. Section 18.4. Captions and Section Numbers. The captions and section numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections of this Lease nor in any way do they affect this Lease. Section 18.5. Partial Invalidity. If any term, covenant or condition of this Lease, or the application thereof, to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 18.6. Recording. Upon request of either party, a memorandum of lease will be executed and recorded. Such memorandum shall contain any provisions of this Lease which either party requests except for the provisions of Article IV, which shall not be included. The cost of recording such memorandum of lease or a short form hereof shall be borne by the party requesting such recordation. Section 18.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Section 18.8. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. TENANT OLD CROZET SCHOOL ARTS, a Virginia non-stock corporation By: Print Name: Title: LANDLORD This Lease is executed on behalf of the County of Albemarle by Robert W. Tucker, Jr., County Executive, following a duly-held public hearing, and pursuant to a Resolution of the Albemarle County Board of Supervisors. COUNTY OF ALBEMARLE, VIRGINIA By: Print Name: Title: EXHIBIT A DESCRIPTION OF LEASED PREMISES [Insert Description of Leased Premises, including location and square footage.] 35 ATTACHMENT 8 ORDINANCE NO. 10-18(6) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 27.2.2 By special use permit Chapter 18. Zoning Article III. District Regulations Sec. 27.2.2 By special use permit The following uses shall be permitted by special use permit in the LI district: . . . 19. Uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by right under section 27.2.1. 36 ATTACHMENT 9 RESOLUTION TO DISALLOW CLAIMS WHEREAS, Teresa Agee, Cindy Camirand, Gordon Carter, Deborah Chambers, Larry Claytor, Roger Craig, Glenn D. Fink, Dennis Harvey, Juanita Irvine, Ron Kesner, George Noteman, Janet Pandy, Michael David Schnur, Patty Jo Scites, John Shepherd, James Shifflett, Mary Timberlake and Bruce Woodzell, by counsel, have asserted claims against the County of Albemarle as set forth in the letter dated April 6, 2010 from Edward B. Lowry to the Albemarle County Board of Supervisors for the payment of retirement compensation which exceeds the amount authorized under the Voluntary Early Retirement Incentive Program (“VERIP”); and WHEREAS, the Board of Supervisors finds that the claims are not supported by the facts or by law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia disallows the claims of Teresa Agee, Cindy Camirand, Gordon Carter, Deborah Chambers, Larry Claytor, Roger Craig, Glenn D. Fink, Dennis Harvey, Juanita Irvine, Ron Kesner, George Noteman, Janet Pandy, Michael David Schnur, Patty Jo Scites, John Shepherd, James Shifflett, Mary Timberlake and Bruce Woodzell for the payment of VERIP retirement compensation that exceeds the amount authorized by the VERIP.