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ACTIONS
Board of Supervisors Meeting of February 6, 2013
February 7, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called back to order at 9:00 a.m.,
by the Chair, Ms. Mallek. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
APPROVED, by a vote of 6:0, to suspend the
Board’s Rules of Procedure to allow Board
actions to be taken regarding Mr. Dumler
without the required notice for matters not on
the Agenda.
APPROVED, by a vote of 5:0:1(Dumler), to
censure Mr. Dumler for his inappropriate
conduct that resulted in his conviction of a
misdemeanor. The purpose of the censure is
to affirm, on the record, our disapproval of his
behavior and to admonish him for the discredit
his actions have brought to this Board.
APPROVED, by a vote of
3:2(Mallek,Rooker):1(Dumler) a motion asking
Mr. Dumler to resign his seat on the Albemarle
County Board of Supervisors.
ACCEPTED the final agenda.
5. Brief Announcements by Board Members.
Dennis Rooker:
Provided Board members with a copy of a
page from the Kiplinger Letter, which talks
about the expectation of more widespread
mobile phone service. As the Board is looking
at the Cell Tower Ordinance, he asked that it
keep in mind that there are a lot of technical
things happening that can coincide with
preserving aesthetics and having good cell
service.
Ann Mallek:
Announced that the kickoff for The Big Read
will be February 23, 2013, 2:00 p.m., at the
Downtown Mall Free Speech Monument. The
book for 2013 is The Joy Luck Club by Amy
Tan.
6. Recognitions:
a. GFOA Award, Leslie Beauregard.
On behalf of GFOA, Leslie Beauregard,
Director of Budget and Performance
Management, City of Charlottesville, presented
the Distinguished Budget Presentation Award,
to Lori Allshouse, Director of the Office of
Management and Budget.
b. Monticello – 25th Anniversary as a UNESCO
World Heritage Site, Ann Taylor.
Chair read and presented recognition to Leslie
Greene Bowman, President of the Thomas
Jefferson Foundation, and Ann H. Taylor,
Executive Vice President of the Thomas
Jefferson Foundation.
(Attachment 1)
7. Board Discussion on Police Firing Range.
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By a vote of 6:0, the Board CANCELLED the
February 13, 2013 public hearing on the Police
Firing Range proposal at the Keene Landfill
site, DIRECTED staff to bring forward
information on funding for an enclosed firing
range, DIRECTED staff to bring forward
information on additional sites for a firing
range, and DIRECTED that the Keene Landfill
site only be considered further as a site for an
enclosed firing range.
By a vote of 6:0, DIRECTED staff to prepare a
recommendation for a proposed committee to
consider options for firearms training for
County police officers.
Listen
8. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following individuals spoke about the
appropriateness of Mr. Dumler to continue to
represent the Scottsville District:
Chris Winter
Nancy Arllen
Peter Way
Forrest Marshall, Jr.
Charles Winkler
Joe Gieck
Charles Battig
Pat Napoleon
Diane Weber
Emalie Hedberg
Carole Thorpe
Earl Smith
Audrey Welborn
Sally Thomas
Cynthia Neff
John Zhavan
The following individuals spoke about the proposed
police firing range:
Dan Gritsko
Cyndra Van Clief
Eric Arleen
Bill Tunner
David Hickle
Jan Karen
Laurel Davis
Helen Paranzino
Debra Kara
Dennis Parazino
D. G. Van Clief
Barbara West
Thomas Polder
Jerome Beazley
Paula Beazley
Thomas Donnelly
Mary Agnes Johnson
Rachel Clarke
Delores Rogers
John Eichenberger
Vic Pena
Harold Pillar
Ellie Thomas, on behalf of the Virginia
Listen
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Cooperative Extension and its Master
Gardener Program, thanked the Board for its
funding and provided an update on upcoming
events in 2013.
Morgan Butler, on behalf of the Southern
Environmental Law Center, spoke about the
cost estimate for the critical slopes review
(Item 9.10 on the consent agenda).
Chuck Boldt expressed objection to the special
use permit granted to New Hope Church.
Ray Hummiston, a resident of Keswick, spoke
about Castle Hill Cider.
NonAgenda. At 10:56 a.m., the Board recessed
and then reconvened at 11:08 a.m.
9.2 Authorize County Executive to sign Leases with
Jefferson-Madison Regional Library.
APPROVED leases with JMRL for the
Scottsville, Northside and Crozet branch
libraries, and AUTHORIZED County Executive
to execute the leases.
George Shadman/County
Attorney: Proceed as
approved. Provide Clerk’s
office with copy of fully
executed documents.
(Attachment 2)
9.3 Resolution to Appoint Shawn Maddox as Assistant
Fire Marshal.
ADOPTED Resolution appointing Shawn
Maddox as an Albemarle County Assistant Fire
Marshal without police powers.
Clerk: Forward copy of signed
resolution to Fire/Rescue and
County Attorney’s office.
(Attachment 3)
9.4 SDP-2012-00067. Houchens/Verizon Britts Tier II
Personal Wireless Facility.
APPROVED the special exception for a
monopole ten (10) feet above the reference
tree.
APPROVED modification of Section
5.1.40(d)(6) to allow a waiver to disturb critical
slopes.
APPROVED SDP-2012-00067 subject to one
condition.
Clerk: Set out condition of
approval. (Attachment 4)
9.5 Ordinance to Adopt and Approve an Addendum to
the January 20, 1984 Agreement By and Among
the County of Albemarle, Virginia, the City of
Charlottesville, Virginia and the Rector and Visitors
of the University of Virginia for the Funding and
Operation of the Emergency Communications
Center.
ADOPTED Ordinance to adopt the Addendum
#2 to the Agreement.
Clerk: Forward copy of adopted
ordinance to County Attorney’s
office, OMB and ECC.
County Attorney: Provide Clerk’s
office with fully executed copy of
agreement. (Attachment 5)
9.6 Resolution to accept road(s) in Fray’s Mill
Subdivision into the State Secondary Road
System.
ADOPTED resolution.
Clerk: Forward signed resolution
and Form AM-4.3 to Glenn
Brooks. (Attachment 6)
9.7 FY 2013 Budget Amendment and Appropriations.
APPROVED appropriations #2013062,
#2013064, #2013065, #2013066, #2013067,
#2013068, #2013069, #2013070, and
#2013071.
Clerk: Notify OMB, Finance and
appropriate individuals.
9.8 ACE; Virginia Department of Agriculture and
Consumer Services grant for easement acquisition.
AUTHORIZED County Executive to execute
the Agreement on behalf of the County,
provided that it is first approved as to form and
content by the County Attorney
County Attorney: Provide Clerk’s
office with fully executed copy of
agreement. (Attachment 7)
9.9 Resolution to Approve Travel Reimbursement
Policy for Board of Supervisors’ Members.
ADOPTED Resolution
Clerk: Forward copy to Finance
and County Attorney’s office.
(Attachment 8)
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9.10 ZTA 2012-0012 - Critical Slopes; cost of revising
critical slopes regulations.
DIRECTED, by a vote of 6:0, staff to proceed
with the ZTA to amend the critical slope
regulations as outlined by staff, including a
Board work session on the outline of the
proposed regulations before the Planning
Commission work session. (Note: Action taken
at end of meeting.)
Community Development:
Proceed as directed.
10. Pb. Hrg.: SP-2012-00013. Kenridge (Sign
#48&49).
APPROVED, by a vote of 6:0, SP-2012-
00013, subject to the 17 recommended
conditions.
Clerk: Set out conditions of
approval. (Attachment 4)
Listen
11. Pb. Hrg.: SP-2012-00023. Faith Christian Center
International (Sign #67).
APPROVED, by a vote of 6:0, SP-2012-00023,
subject to the 7 recommended conditions
Clerk: Set out conditions of
approval. (Attachment 4)
Listen
12. PROJECT: SP-2011-00002. Castle Hill Cider.
(Deferred from January 16, 2013)
APPROVED, by a vote of 4:2(Dumler/Mallek),
SP-2011-00002 subject to 11 conditions.
Clerk: Set out conditions of
approval. (Attachment 4)
Listen
13. FY 2011-2012 Comprehensive Annual Financial
Report (CAFR), David Foley.
ACCEPTED, by a vote of 6:0, the FY 2011-
2012 Comprehensive Annual Financial Report.
Listen
14. Access Albemarle: Revenue and Taxation
System. (Moved to consent agenda)
15. Community Development Work Program.
RECEIVED. (This item was discussed during
afternoon portion of meeting.)
Listen
16. Closed Meeting.
At 12:57 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (1) to
consider appointments to boards, committees,
and commissions in which there are pending
vacancies or requests for reappointments and
to consider the appointment o fan Assistant
County Executive; and under Subsection (7) to
consult with legal counsel and staff regarding
specific legal matters requiring legal advice
relating to the negotiation of an agreement for
implementing a cooperative cost recovery
program for emergency service transports.
Listen
17. Certified Closed Meeting.
At 2:32 p.m., the Board reconvened into open
meeting and certified the closed meeting.
18. Boards and Commissions: Appointments.
APPOINTED Ms. Marcia Joseph to the
Architectural Review Board, to the fill the
unexpired term of Paul Wright, to expire on
November 14, 2014.
REAPPOINTED Mr. Vernon Jones as White
Hall District representative, to the Economic
Development Authority, with said term to
expire on January 19, 2017.
APPOINTED Ms. Tammie Moses as Jack
Jouett District representative, to the
Equalization Board, with said term to expire
December 31, 2013.
APPOINTED Mr. Gary Grant to the Jefferson
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
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Area Board for Aging Advisory Council, to fill
the unexpired term of Naomi Ryan, to expire
on May 31, 2013.
APPOINTED Ms. Kirsten Miles to the Jefferson
Area Disability Service Board, to fill the
unexpired term of Susan Jacobson, to expire
on June 30, 2013.
APPOINTED Ms. Kimberly Swanson to the
Places 29 Community Advisory Council, with
said term to expire on January 31, 2016.
Recommended the REAPPOINTMENT of Mr.
Michael Gaffney as Chairman and Joint
City/County representative to the Rivanna
Solid Waste Authority and the Rivanna Water
and Sewer Authority, with said term to expire
on December 31, 2014.
APPOINTED Mr. William Hines to the Rivanna
Solid Waste Authority Citizens Advisory
Committee, with said term December 31, 2014.
19. Board-to-Board, Monthly Communications Report
for School Board, School Board Chairman.
Received.
Listen
20. Economic Vitality Action Plan Quarterly Update.
Received.
Listen
21. Quarterly Capital Projects Status Report, February
2013.
Received.
Listen
22. Work Session: Courts Study.
DIRECTED staff to bring additional information
on the various options.
Trevor Henry: Proceed as
directed.
Listen
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
a. Noise Ordinance, Ken Boyd.
b. Long Range Transportation Plan, Dennis
Rooker.
Dennis Rooker:
Requested a presentation on projects in the
long range transportation plan.
Stated that he and Mr. Thomas met with
representatives regarding the InSync traffic
adaptive traffic control system and he provided
Board members with a copy of information they
received.
Asked if staff planned to include on a future
agenda a resolution regarding Drones.
Ann Mallek:
Asked Mr. Graham to look into the issues
brought up by the public on New Hope Church.
Announced that she has had several
community meetings about the section of the
Browns Gap Turnpike that is beyond State
maintenance and that she would be meeting
with neighbors, VDoT and Shenandoah
National Park representatives on February 15.
County Executive: Proceed as
directed.
Mark Graham: Proceed as
directed.
Listen
24. From the County Executive: Report on Matters
Not Listed on the Agenda.
a. Update on status of solid waste.
Announced that an update is scheduled for
March 6, and that staff is working on a draft
RFP and with the RSWA on a lease
agreement.
Recommended the appointment of Doug
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Walker as Assistant County Executive for
Community Services.
By a vote of 6:0, APPOINTED Doug Walker
as Assistant County Executive for Community
Services.
By a vote of 6:0, APPROVED consent agenda
item 9.10.
25. Adjourn to February 22, 2013 at 11:30 a.m., Room
241.
At 6:10 p.m., the Board adjourned until
February 22, 2013.
ewj/tom
Attachment 1 – Recognition – Monticello 25th Anniversary as UNESCO World Heritage Site
Attachment 2 – Leases with Jefferson-Madison Regional Library
Attachment 3 – Resolution to Appoint Shawn Maddox as Assistant Fire Marshal.\
Attachment 4 – Conditions of Approval on Planning items
Attachment 5 – Ordinance – Addendum to ECC Agreement
Attachment 6 – Resolution - Fray’s Mill Subdivision
Attachment 7 – ACE Agreement
Attachment 8 - Resolution - Travel Reimbursement Policy for Board of Supervisors’ Members
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ATTACHMENT 1
RECOGNITION
WHEREAS, in December, 2012, Monticello celebrated the 25th Anniversary of its inscription on
the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage List,
becoming recognized in 1987 along with the University of Virginia’s Academical Village, the Great Wall of
China and the Acropolis in Athens, as ‘World Heritage Sites;’ and
WHEREAS, Monticello is the only U.S. presidential and private home on the UNESCO World
Heritage List and symbolizes how Jefferson took Enlightenment ideals about the rights of man and
crafted them into a new nation introducing self-government, liberty and human equality, fostering world-
changing ideas which have given hope and inspiration to people everywhere; and
WHEREAS, Monticello is a national and international cultural, educational, and historical
centerpiece that provides a lens for scholars and visitors to view the beginnings of the American republic;
and
WHEREAS, Monticello anchors our community’s tourism industry, serving as a compelling
destination for more than 27 million visitors since it was opened as a public attraction in 1924 and
attracting more than 440,000 visitors every year since 1979; and
WHEREAS, Monticello focuses significant energy and expertise on its national and international
educational mission serving more than 78,000 school-age children each year in addition to hosting over
220 scholars through a program of residential fellowships and travel grants at the Robert H. Smith
International Center for Jefferson Studies; and
WHEREAS, staff at Monticello and the Thomas Jefferson Foundation work not only to steward
the historical significance of Thomas Jefferson and his home at Monticello but also actively engage in
shaping a vibrant and future for our local community through programs like the Heritage Harvest Festival
and a broad variety of cultural outreach activities;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors expresses its sincere
appreciation for the critically important role that Monticello and the Thomas Jefferson Foundation play i n
the well-being of our community and its worldwide attraction as an educational, cultural and historic
destination and congratulates Monticello on its 25th anniversary as a UNESCO World Heritage Site.
Signed and sealed this 6th day of February 2013.
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ATTACHMENT 2
LEASE AGREEMENT – SCOTTSVILLE BRANCH LIBRARY
THIS LEASE AGREEMENT is made as of January 1, 2013 by and between the COUNTY OF
ALBEMARLE, VIRGINIA (hereinafter, the “County”) and the JEFFERSON-MADISON REGIONAL
LIBRARY (hereinafter, the “Library”).
ARTICLE I. PREMISES AND IMPROVEMENTS
Section 1.1. In consideration of and subject to the covenants herein set forth and pursuant to
Section 7 of the Agreement for Jefferson-Madison Regional Library, to which the County is a party , the
County hereby leases to the Library the premises described on Exhibit A attached hereto and made a
part hereof together with any and all improvements thereon (the "Premises”). The Premises shall be
provided for use by the Library at no cost to it.
ARTICLE II. TITLE: QUIET ENJOYMENT
Section 2.1. So long as the Library is not in default hereunder, the Library shall have peaceful
and quiet enjoyment, use and possession of the Premises without hindrance on the part of the County or
anyone claiming by, through, or under the County.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this Lease shall commence on
January 1, 2013 (the "Date of Commencement") and shall expire June 30, 2013. 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. Subsequent to the initial term, this Lease shall be renewed automatically
for subsequent one-year terms, to coincide with the Count y’s July 1-June 30 fiscal year, unless and until
terminated in accordance with Section 3.3 below.
Section 3.3. Termination. This Lease and the Library’s occupancy of the Premises may be
terminated by either party upon ninety (90) days advance written notice to the other party. In no event
shall termination of this Lease alone be construed as a withdrawal from a regional library system
pursuant to Virginia Code § 42.1-42.
ARTICLE IV. UTILITIES AND SERVICES
Section 4.1. Initial Term. During the initial term of this Lease, the Library shall independently
arrange and provide for all items and services, at a level reasonably necessary for the proper use and
enjoyment of the Premises, including: Telephone, Custodial Services, Furniture & Appliances, Routine
repairs to non-mechanical systems (i.e. work orders), IT Services, Solid Waste Services, Electric, Water,
Sewer, Preventive Maintenance to all Mechanical Systems, Cyclical Maintenance, (i.e. exterior window
cleaning, annual carpet cleaning, wall painting), Snow & Ice control, Landscaping, Facility Assessment,
Capital Improvements, and Alarms. During this initial term, the County shall independently arrange and
provide only major structural repairs, at no direct cost to the Library. Except as otherwise pr ovided in the
current Agreement for Jefferson-Madison Regional Library, all such Library-provided items and/or
services shall be “local costs” thereunder.
Section 4.2 Subsequent Term(s). During any subsequent term(s) of this Lease, the following
items and services shall be provided and maintained at a level reasonably necessary for the proper use
and enjoyment of the Premises, pursuant to the table below. The County shall provide all items and
services identified below as “County” at no direct cost to the Library, at a reasonable level of service
determined by the County. The Library shall independently arrange and provide for all items and
services identified below as “Library.” Except as otherwise provided in the current Agreement for
Jefferson-Madison Regional Library, all Library-provided items and/or services shall be “local costs”
thereunder.
9
Service/Expense County
Provided
Library
Provided
Telephone L
Custodial Services C Furniture & Appliances L
Routine repairs to non-mechanical
systems (i.e. work orders) C
IT Services L
Solid Waste Services C Electric, Water, Sewer C
Parking Lot Lights, Fixtures C
Parking Lot & Sidewalk Repairs C
Preventive Maintenance to all
Mechanical Systems C
Cyclical Maintenance, (i.e. exterior
window cleaning, annual carpet
cleaning, wall painting)
C
Snow & Ice control C
Landscaping C
Facility Assessment C
Capital Improvements C
Elevators N/A
Alarms C
Sprinkler Systems N/A
Major Structural Repairs C
ARTICLE V. USE OF PROPERTY
Section 5.1. Permitted Use. The Library shall have use of the Premises for a public library.
Section 5.2. Good Repair. The Library shall keep in good repair and shall take good care of the
Premises and fixtures therein located and, at the expiration or earlier termination or cancellation of this
Lease, shall surrender the Premises and fixtures in as good condition as at the time of delivery, subject to
reasonable wear and tear. In the event of the County’s withdrawal from the Agreeme nt for Jefferson-
Madison Regional Library, disposition of personal property not affixed to the Premises shall be in
accordance with Section 10 of said Agreement. Any failure to keep the Premises in good repair shall be
considered a default of this Lease and shall be grounds for termination thereof.
ARTICLE VI. ALTERATIONS, IMPROVEMENTS, AND FIXTURES
Section 6.1. The Library 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 Premises, provided
that the County's consent shall have first been obtained in writing, and provided that the Library shall
obtain all required governmental permits for such alterations, additions or improvements.
Section 6.2. The Library may, from time to time, make interior structural alterations, additions or
improvements, only with the County's prior written consent to plans and specifications therefor. Any such
interior structural alterations, additions or improvements shall becom e the County's property.
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ARTICLE VII. INSURANCE
Section 7.1. The County shall, during the term of this Lease, maintain in force general public
liability insurance and property insurance on the Property in an amount equivalent to coverage for its
other public buildings and facilities or such greater amounts deemed necessary, and shall name the
Library as an additional named insured. The Library shall maintain in force an insurance policy providing
contents coverage for all Library materials, fixtures, and equipment in such amounts as shall be adequate
to insure replacement coverage for such items.
ARTICLE VIII. MISCELLANEOUS
Section 8.1. Notices. Any notice, demand, request or other instrument which may be, or are
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 the County, at
County of Albemarle
Attn: County Executive
County Executive’s Office
401 McIntire Road
Charlottesville, Virginia 22902
or at such other address as the County may designate by written notice;
(b) if to the Library, at
Jefferson-Madison Regional Library
Attn: Regional Library Director
201 East Market Street
Charlottesville, Virginia 22902
or at such other address as the Library shall designate by written notice.
Section 8.2. Annual Appropriations. The County’s obligations under this Lease are subject to
annual appropriations by the Board of Supervisors of Albemarle County, Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and
year first above written.
EXHIBIT A
DESCRIPTION OF PREMISES
All that certain tract or parcel of land situate, lying and being at 330 Bird Street, Scottsville,
Virginia, (hereinafter "the Premises") on that certain plat by R.O. Snow, C.L.S. entitled “Plat Showing
Survey of 0.496 Acres, the Property of the Albemarle County School Board, Located in the Town of
Scottsville at the Intersection of Page and Bird Streets, Albemarle County, Virginia” (the “Plat”), dated
March 19, 1981 and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in
Deed Book 725, page 209. Reference is made to the plat for a more particular description of the location
of the described lands.
_____
SUB-LEASE AGREEMENT
THIS SUBLEASE AGREEMENT is made as of January 1, 2013 by and between the COUNTY
OF ALBEMARLE, VIRGINIA (hereinafter, the “County”) and the JEFFERSON-MADISON REGIONAL
LIBRARY (hereinafter, the “Library”).
ARTICLE I. PREMISES AND IMPROVEMENTS
Section 1.1. In consideration of and subject to the covenants herein set forth and pursuant to
Section 7 of the Agreement for Jefferson-Madison Regional Library, to which the County is a party , the
County hereby subleases to the Library the premis es described on Exhibit A attached hereto and made a
part hereof together with any and all improvements thereon (the "Premises”). The Premises shall be
provided for use by the Library and be funded as a Charlottesville-Albemarle cost.
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ARTICLE II. TITLE: QUIET ENJOYMENT
Section 2.1. So long as the Library is not in default hereunder, the Library shall have peaceful
and quiet enjoyment, use and possession of the Premises without hindrance on the part of the County or
anyone claiming by, through, or under the County. The Library’s possession and enjoyment of the
Premises shall be subject and subordinate to that certain Shopping Center Lease Agreement between
the County and Rio Associates Limited Partnership, dated January 31, 1991, as modified and extended
November 1, 2004, and as further modified and extended on October 1, 2009 (the “Prime Lease”). In no
event shall any obligation be imposed hereunder that would conflict with the terms of the Prime Lease. In
the event of any conflict between the Prime Lease and this Sublease, the Prime Lease shall control.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this Sublease shall commence on
January 1, 2013 (the "Date of Commencement") and shall expire October 31, 2014. All referenc es to the
“term” of this Sublease shall, unless the context indicates a different meaning, be deemed to be a
reference to the term described herein. In the event that the Prime Lease terminates prior to October 31,
2014, this Sublease Agreement shall automatically terminate upon such termination or cancellation of the
Prime Lease, and all obligations hereunder of the parties hereto shall be extinguished.
Section 3.2. Renewal. This Sublease may be renewed for an additional period as may be
mutually agreed by the County and the Library. If renewal is not agreed upon by the County and the
Library, this Sublease shall expire upon expiration of the initial term.
Section 3.3. Termination. This Sublease and the Library’s occupancy of the Premises may be
terminated by the County upon ninety (90) days advance written notice to the Library. In no event shall
termination of this Sublease alone be construed as a withdrawal from a regional library system pursuant
to Virginia Code § 42.1-42.
ARTICLE IV. UTILITIES AND SERVICES
Section 4.1. The Library shall independently arrange and provide for all items and services
reasonably necessary for the proper use and enjoyment of the Premises, including: Telephone, Custodial
Services, Furniture & Appliances, Routine repairs to non-mechanical systems (i.e. work orders), IT
Services, Solid Waste Services, Electric, Water, Sewer, Preventive Maintenance to all Mechanical
Systems, Cyclical Maintenance, (i.e. exterior window cleaning, annual carpet cleaning, wall painting), a nd
Alarms. Except as otherwise provided in the current Agreement for Jefferson-Madison Regional Library,
all such Library-provided items and/or services shall be “Charlottesville-Albemarle costs” thereunder.
ARTICLE V. USE OF PROPERTY
Section 5.1. Permitted Use. The Library shall have use of the Premises for a public library.
Section 5.2. Good Repair. The Library shall keep in good repair and shall take good care of the
Premises and fixtures therein located and, at the expiration or earlier termina tion or cancellation of this
Sublease, shall surrender the Premises and fixtures in as good condition as at the time of delivery,
subject to reasonable wear and tear. In the event of the County’s withdrawal from the Agreement for
Jefferson-Madison Regional Library, disposition of personal property not affixed to the Premises shall be
in accordance with Section 10 of said Agreement. All injury to the Premises or fixtures caused by moving
any property of the Library, its agents, employees, independent contractors, licensees, invitees, or
visitors, as well as any other damage due to the neglect of the Premises and/or fixtures located therein,
may be repaired by the County at the expense of the Library and such costs of repair shall become due
and payable upon delivery of a statement of such costs by the County to the Library. All repairs
performed by the County shall be at a time and in a manner so as not to unreasonably interfere with the
Library's normal business operations. Any failure to keep the Premises in good repair shall be
considered a default of this Sublease and shall be grounds for termination thereof.
ARTICLE VI. ALTERATIONS, IMPROVEMENTS, AND FIXTURES
Section 6.1. The Library 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 Premises, provided
that the County's
12
consent shall have first been obtained in writing, and provided that the Library shall obtain all required
governmental permits for such alterations, additions or improvements.
Section 6.2. The Library may, from time to time, make interior structural alterations, additions or
improvements, only with the County's prior written consent to plans and specifications therefor. Upon the
expiration or sooner termination of this Sublease, the County shall have the option (exercisable upon
sixty (60) days notice to the Library except in the case of a termination of this Sublease due to a default
by the Library, in which case no such notice shall be required) to require the Library to remove at the
Library's sole cost and expense any and all improvements made by the Library to the Premises or to
elect to keep such improvement as the County's property. In the event the Library is required to remo ve
any improvements, (i) the Library shall be responsible for the repair of all damage caused by the
installation or removal thereof, and (ii) if the Library fails to properly remove such improvements or
provide for the repair of the Premises, the County m ay perform the same at the Library's cost and
expense.
ARTICLE VII. INSURANCE
Section 7.1. The County shall, during the term of this Sublease, maintain in force general public
liability insurance and property insurance on the Property in an amount equivalent to coverage for its
other public buildings and facilities or such greater amounts deemed necessary, and shall name the
Library as an additional named insured. The cost of this insurance may be included in the adopted
budget of the Library. The Library shall maintain in force an insurance policy providing contents
coverage for all Library materials, fixtures, and equipment in such amounts as shall be adequate to
insure replacement coverage for such items.
ARTICLE VIII. MISCELLANEOUS
Section 8.1. Notices. Any notice, demand, request or other instrument which may be, or are
required to be given under this Sublease, shall be in writing and delivered in person or by United States
certified mail, postage prepaid, and shall be addressed:
(c) if to the County, at
County of Albemarle
Attn: County Executive
County Executive’s Office
401 McIntire Road
Charlottesville, Virginia 22902
or at such other address as the County may designate by written notice;
(d) if to the Library, at
Jefferson-Madison Regional Library
Attn: Regional Library Director
201 East Market Street
Charlottesville, Virginia 22902
or at such other address as the Library shall designate by written notice.
Section 8.2. Annual Appropriations. The County’s obligations under this Sublease are subject to
annual appropriations by the Board of Supervisors of Albemarle County, Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and
year first above written.
EXHIBIT A
DESCRIPTION OF PREMISES
All that certain space measuring approximately 114.5 feet in width and approximately 136 feet in
length, containing a gross leasable area of approximately 15,572 square feet, together with
improvements to be provided by Rio Associates Limited Partnership, outlined and sho wn as “Albemarle
County Library” on that certain plan of Albemarle Square Shopping Center, Albemarle County Virginia,
dated July 25, 1989.
_____
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LEASE AGREEMENT – CROZET BRANCH LIBRARY
THIS LEASE AGREEMENT is made as of January 1, 2013 by and between th e COUNTY OF
ALBEMARLE, VIRGINIA (hereinafter, the “County”) and the JEFFERSON-MADISON REGIONAL
LIBRARY (hereinafter, the “Library”).
ARTICLE I. PREMISES AND IMPROVEMENTS
Section 1.1. In consideration of and subject to the covenants herein set forth and pursuant to
Section 7 of the Agreement for Jefferson-Madison Regional Library, to which the County is a party , the
County hereby leases to the Library the premises described on Exhibit A attached hereto and made a
part hereof together with any and all improvements thereon (the "Premises”). The Premises shall be
provided for use by the Library at no cost to it.
ARTICLE II. TITLE: QUIET ENJOYMENT
Section 2.1. So long as the Library is not in default hereunder, the Library shall have peaceful
and quiet enjoyment, use and possession of the Premises without hindrance on the part of the County or
anyone claiming by, through, or under the County.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this Lease shall commence on
January 1, 2013 (the "Date of Commencement") and shall expire June 30, 2013. 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. Subsequent to the initial term, this Lease shall be renewed automatically
for subsequent one-month terms, unless and until terminated in accordance with Section 3.3 below.
Section 3.3. Termination. This Lease and the Library’s occupancy of the Premises may be
terminated by either party upon thirty (30) days advance written notice to the other party. In no event
shall termination of this Lease alone be construed as a withdrawal from a regional library system
pursuant to Virginia Code § 42.1-42.
ARTICLE IV. UTILITIES AND SERVICES
Section 4.1. Initial Term. During the initial term of this Lease, the Library shall independently
arrange and provide for all items and services, at a level reasonably necessary for the proper use and
enjoyment of the Premises, including: Telephone, Custodial Services, Furniture & Appliances, Routine
repairs to non-mechanical systems (i.e. work orders), IT Services, Solid Waste Services, Electric, Water,
Sewer, Preventive Maintenance to all Mechanical Systems, Cyclical Maintenance, (i.e. exterior window
cleaning, annual carpet cleaning, wall painting), Snow & Ice control, Landscaping, Facility Assessment,
Capital Improvements, and Alarms. During this initial term, the County shall independently arrange and
provide only major structural repairs, at no direct cost to the Library. Except as otherwise provided in the
current Agreement for Jefferson-Madison Regional Library, all such Library-provided items and/or
services shall be “local costs” thereunder.
Section 4.2 Subsequent Term(s). During any subsequent term(s) of this Lease, The following
items and services shall be provided and maintained at a level reasonably necessary for the proper use
and enjoyment of the Premises, pursuant to the table below. The County shall provide all i tems and
services identified below as “County” at no direct cost to the Library, at a reasonable level of service
determined by the County. The Library shall independently arrange and provide for all items and
services identified below as “Library.” Except as otherwise provided in the current Agreement for
Jefferson-Madison Regional Library, all Library-provided items and/or services shall be “local costs”
thereunder.
14
Service/Expense County
Provided
Library
Provided
Telephone L
Custodial Services C Furniture & Appliances L
Routine repairs to non-mechanical
systems (i.e. work orders) C
IT Services L
Solid Waste Services C Electric, Water, Sewer C
Parking Lot Lights, Fixtures C
Parking Lot & Sidewalk Repairs C
Preventive Maintenance to all
Mechanical Systems C
Cyclical Maintenance, (i.e. exterior
window cleaning, annual carpet
cleaning, wall painting)
C
Snow & Ice control C
Landscaping C
Facility Assessment C
Capital Improvements C
Elevators N/A
Alarms C
Sprinkler Systems N/A
Major Structural Repairs C
ARTICLE V. USE OF PROPERTY
Section 5.1. Permitted Use. The Library shall have use of the Premises for a public library.
Section 5.2. Good Repair. The Library shall keep in good repair and shall take good care of the
Premises and fixtures therein located and, at the expiration or earlier termination or cancellation of this
Lease, shall surrender the Premises and fixtures in as good condition as at the time of delivery, subject to
reasonable wear and tear. In the event of the County’s withdrawal from the Agreement for Jefferson-
Madison Regional Library, disposition of personal property not affixed to the Premises shall be in
accordance with Section 10 of said Agreement. Any failure to keep the Premises in good repair shall be
considered a default of this Lease and shall be grounds for termination thereof.
ARTICLE VI. ALTERATIONS, IMPROVEMENTS, AND FIXTURES
Section 6.1. The Library 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 Premises, provided
that the County's consent shall have first been obtained in writing, and provided that the Library shall
obtain all required governmental permits for such alterations, additions or improvements.
Section 6.2. The Library may, from time to time, make interior structural alterations, additions or
improvements, only with the County's prior written consent to plans and specifications therefor. Any such
interior structural alterations, additions or improvements shall become the County's property.
15
ARTICLE VII. INSURANCE
Section 7.1. The County shall, during the term of this Lease, maintain in force general public
liability insurance and property insurance on the Property in an amount equivalent to coverage for its
other public buildings and facilities or such greater amounts deemed necessary, and shall name the
Library as an additional named insured. The Library shall maintain in force an insurance po licy providing
contents coverage for all Library materials, fixtures, and equipment in such amounts as shall be adequate
to insure replacement coverage for such items.
ARTICLE VIII. MISCELLANEOUS
Section 8.1. Notices. Any notice, demand, request or other instrument which may be, or are
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:
(e) if to the County, at
County of Albemarle
Attn: County Executive
County Executive’s Office
401 McIntire Road
Charlottesville, Virginia 22902
or at such other address as the County may designate by written notice;
(f) if to the Library, at
Jefferson-Madison Regional Library
Attn: Regional Library Director
201 East Market Street
Charlottesville, Virginia 22902
or at such other address as the Library shall designate by written notice.
Section 8.2. Annual Appropriations. The County’s obligations under this Lease are subject to
annual appropriations by the Board of Supervisors of Albemarle County, Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and
year first above written.
EXHIBIT A
DESCRIPTION OF PREMISES
PARCEL A
BEGINNING at a point at the intersection of State Routes 810 and 240 being an iron set 25 feet
S.E. of the centerline of State Route 810 and 25 feet S.W. of the centerline of State Route 240; thence
S64° 24’ 07” E, 68.85 feet to an iron set; thence S61° 10’ 21” E, 47.36 feet to an iron set; thence S52° 10’
52” E, 46.39 feet to an iron set; thence S45° 10’ 06” E, 48.68 feet to an iron set; thence S63° 11’ 15” E,
24.17 feet to an iron set; thence S00° 28’ 18” E, 14.92 feet to an iron set; thence S41° 44’ 58” E, 11.26
feet to an iron set; thence with a curve to the left having a radius of 342.91 feet for an arc distance of
35.84 feet, the chord of which bears S46° 08’ 45” E, 35.82 feet to an iron set being the point of
intersection of Route 240 and the new right-of-way boundary line for The Chesapeake and Ohio Railway
Company; thence with the new right-of-way line N70° 16’ 19” W, 46.02 feet to an iron set; thence with a
curve to the right having a radius of 2,657.71 feet and an arc distance of 243.00 feet, the chord of which
bears N61° 38’ 20” W, 242.91 feet to an iron set 25 feet from the centerline of State Route 810; thence
N32° 07’ 31” E, 51.33 feet to the POINT OF BEGINNING, a tract of land containing 0.283 of an acre,
more or less.
PARCEL B
BEGINNING at a point at the intersection of State Routes 810 and 240 being an iron set 25 feet
S.E. of the centerline of State Route 810 and 25 feet S.W. of the centerline of State Route 240; thence
N32° 07’ 31” E, 1.45 feet to a point on the edge of the pavement on State Route 240 and then with the
edge of pavement the following courses; thence with a curve to the right having a radius of 35 feet and
an arc distance of 7.12 feet, the chord of which bears S87° 10’ 37” E, 7.11 feet to a point; thence with
16
another curve to the right having a radius of 325.10 feet and an arc di stance of 161.63 feet, the chord of
which bears S62° 44’ 18” E, 159.97 feet to a point; thence S45° 10’ 06” E, 55.39 feet to a point; thence
S4l° 44’ 58” E, 37.82 feet to a point; thence with a curve to the left having a radius of 328.41 feet and an
arc distance of 80.30 feet, the chord of which bears S50° 09’ 22” E, 80.10 feet to a point; thence leaving
the edge of pavement N70° 16’ 19” W, 49.13 feet to an iron set; thence with a curve to the right having a
radius of 342.91 feet and an arc distance of 35.84 feet, the chord of which bears N46° 08’ 45” W, 35.82
feet to an iron set; thence N41° 44’ 58” W, 11.26 feet to an iron set; thence N00° 28’ 18” W, 14.92 feet to
an iron set; thence N63° 11’ 15” W, 24.17 feet to an iron set; thence N45° 10’ 06” W, 48.68 f eet to an iron
set; thence N52° 10’ 52” W, 46.39 feet to an iron set; thence N61° 10’ 21” W, 47.36 feet to an iron set;
thence N64° 24’ 07” W 68.85 feet to the POINT OF BEGINNING, a tract of land containing 0.086 acre,
more a less.
BEING the same property acquired by the County from The Chesapeake and Ohio Railway by
deed dated June 23, 1983, and recorded among the Land Records of Albemarle County, Virginia, in
Deed Book 778, page 650.
TOGETHER with the buildings and improvements thereupon erected, made o r being, and all and
every of the rights, alleys, ways, waters, privileges, appurtenances and advantages to the same
belonging, or in any way appertaining.
_____
LEASE AGREEMENT – CROZET BRANCH LIBRARY
THIS LEASE AGREEMENT is made as of July 1, 2013 by a nd between the COUNTY OF
ALBEMARLE, VIRGINIA (hereinafter, the “County”) and the JEFFERSON-MADISON REGIONAL
LIBRARY (hereinafter, the “Library”).
ARTICLE I. PREMISES AND IMPROVEMENTS
Section 1.1. In consideration of and subject to the covenants herein s et forth and pursuant to
Section 7 of the Agreement for Jefferson-Madison Regional Library, to which the County is a party , the
County hereby leases to the Library the premises described on Exhibit A attached hereto and made a
part hereof together with any and all improvements thereon (the "Premises”). The Premises shall be
provided for use by the Library at no cost to it.
ARTICLE II. TITLE: QUIET ENJOYMENT
Section 2.1. So long as the Library is not in default hereunder, the Library shall have peaceful
and quiet enjoyment, use and possession of the Premises without hindrance on the part of the County or
anyone claiming by, through, or under the County.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this Lease shall commence upon the
issuance of the Certificate of Occupancy for the Premises (the "Date of Commencement") and shall
expire June 30, 2014. 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. Subsequent to the initial term, this Lease shall be renewed automatically
for subsequent one-year terms, to coincide with the County’s July 1-June 30 fiscal year, unless and until
terminated in accordance with Section 3.3 below.
Section 3.3. Termination. This Lease and the Library’s occupancy of the Premises may be
terminated by either party upon ninety (90) days advance written notice to the other party. In no event
shall termination of this Lease alone be construed as a withdrawal from a regional library system
pursuant to Virginia Code § 42.1-42.
ARTICLE IV. UTILITIES AND SERVICES
Section 4.1. The following items and services shall be provided and maintained at a level
reasonably necessary for the proper use and enjoyment of the Premises, pursuant to the table below.
The County shall provide all items and services identified below as “County” at no direct cost to the
Library, at a reasonable level of service determined by the County. The Li brary shall independently
17
arrange and provide for all items and services identified below as “Library.” Except as otherwise
provided in the current Agreement for Jefferson-Madison Regional Library, all Library-provided items
and/or services shall be “local costs” thereunder.
Service/Expense County
Provided
Library
Provided
Telephone L
Custodial Services C Furniture & Appliances L
Routine repairs to non-
mechanical systems (i.e. work
orders)
C
IT Services L
Solid Waste Services C Electric, Water, Sewer C
Parking Lot Lights, Fixtures C
Parking Lot & Sidewalk Repairs C
Preventive Maintenance to all
Mechanical Systems C
Cyclical Maintenance, (i.e.
exterior window cleaning, annual
carpet cleaning, wall painting)
C
Snow & Ice control C
Landscaping C
Facility Assessment C
Capital Improvements C
Elevators C
Alarms C
Sprinkler Systems C
ARTICLE V. USE OF PROPERTY
Section 5.1. Permitted Use. The Library shall have use of the Premises for a public library.
Section 5.2. Good Repair. The Library shall keep in good repair and shall take good care of the
Premises and fixtures therein located and, at the expiration or earlier termination or cancellation of this
Lease, shall surrender the Premises and fixtures in as good condition as at the time of delivery, subject to
reasonable wear and tear. In the event of the County’s withdrawal from the Agreement for Jefferson -
Madison Regional Library, disposition of personal property not affixed to the Premises shall be i n
accordance with Section 10 of said Agreement. Any failure to keep the Premises in good repair shall be
considered a default of this Lease and shall be grounds for termination thereof.
Section 5.3. Parking. The Library shall be entitled to non-exclusive use of parking spaces in the
County parking lot adjacent to the Crozet Branch and access between said parking lot and the leased
Premises.
Section 5.4. Elevator. The County shall retain access to the interior elevator, as necessary to
maintain an accessible route between the adjacent parking lot and the Lower Level of the building
beneath the leased Premises. Such elevator access shall not unreasonably interfere with the Library’s
operations.
18
ARTICLE VI. ALTERATIONS, IMPROVEMENTS, AND FIXTURES
Section 6.1. The Library 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 Premises, provided
that the County's consent shall have first been obtained in writing, and provided that the Library shall
obtain all required governmental permits for such alterations, additions or improvements.
Section 6.2. The Library may, from time to time, make interior structural alterations, additions or
improvements, only with the County's prior written consent to plans and specifications therefor. Any such
interior structural alterations, additions or improvements shall become the County's property.
ARTICLE VII. INSURANCE
Section 7.1. The County shall, during the term of this Lease, maintain in force general public
liability insurance and property insurance on the Property in an amount equivalent to coverage for its
other public buildings and facilities or such greater amounts deemed necessary, and shall name the
Library as an additional named insured. The Library shall maintain in force an insurance policy providing
contents coverage for all Library materials, fixtures, and equipment in such amounts as shall be adequate
to insure replacement coverage for such items.
ARTICLE VIII. MISCELLANEOUS
Section 8.1. Notices. Any notice, demand, request or other instrument which may be, or are
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:
(g) if to the County, at
County of Albemarle
Attn: County Executive
County Executive’s Office
401 McIntire Road
Charlottesville, Virginia 22902
or at such other address as the County may designate by written notice;
(h) if to the Library, at
Jefferson-Madison Regional Library
Attn: Regional Library Director
201 East Market Street
Charlottesville, Virginia 22902
or at such other address as the Library shall designate by written notice.
Section 8.2. Annual Appropriations. The County’s obligations under this Lease are subject to
annual appropriations by the Board of Supervisors of Albemarle County, Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and
year first above written.
EXHIBIT A
DESCRIPTION OF PREMISES
All that certain space containing approximately 17,489 square feet, more or less, outlined and
shown as the “Upper Level” on that certain plan of Crozet Library, Albemarle County, Virginia, last
revised January 30, 2012. Said Premises is a portion of Albemarle County Parcel 056A2-01-00-01800,
located at 2020 Library Avenue, Crozet, Virginia.
19
ATTACHMENT 3
RESOLUTION TO APPOINT SHAWN MADDOX
AS AN ASSISTANT FIRE MARSHAL
WHEREAS, Virginia Code § 27-30 provides that the governing body of a county may appoint a
fire marshal and Albemarle County Code § 6-111 establishes the Office of the Fire Marshal; and
WHEREAS, Albemarle County Code §§ 6-200 recognize the Fire Marshal as Albemarle County’s
Fire Official for the duties and responsibilities as established by Title 27 of the Virginia Code, the Virginia
Statewide Fire Code, and the Albemarle County Code; and
WHEREAS, Virginia Code § 27-34.2:1 provides that the governing body of a county may
authorize the fire marshal to have the sam e police powers as a sheriff, police officer or law-enforcement
officer upon completion of the training discussed in such section; and
WHEREAS, Virginia Code § 27-36 provides that the governing body of a county may appoint one
or more assistants, who, in the absence of the fire marshal, shall have the powers and perform the duties
of the fire marshal; and
WHEREAS, notwithstanding that Shawn Maddox has not taken the training required to exercise
police powers, the appointment of him as an Assistant Fire Marshal without police powers will promote
the efficient and effective operation of the Albemarle County Department of Fire and Rescue.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
hereby appoints Shawn Maddox as an Assistant Fire Marshal as authorized in Virginia Code §27-36 and
Albemarle County Code § 6-111, but without police powers authorized in Virginia Code § 27-34:2:1.
20
ATTACHMENT 4
CONDITIONS OF APPROVAL
SDP-2012-00067. Houchens/Verizon Britts Tier IAI Personal Wireless Facility.
1. Development and use shall be in general accord with the conceptual plan titled “Britts Mountain
Installation of Monopole, Compound and Operation of Antennas and Base Station Equipment in
a Raw Land Lease Area (Houchens property)” prepared by Justin Yoon latest revision date
1/4/13 (hereafter “Conceptual Plan”), as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with the Conceptual Plan, development and use shall
reflect the following major elements within the development essential to the design of the
development, as shown on the Conceptual Plan:
a. Height
b. Mounting type
c. Antenna type
d. Number of antenna
e. Distance above reference tree
f. Color
g. Location of ground equipment and monopole
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
_____
SP-2012-00013. Kenridge
1. The approved final site plan shall be in general accord with the revised Conceptual Plan
prepared by Collins Engineering, revision date August 25, 2009 (“Conceptual Plan”) (See
Attachment). Parking for the office use shall be limited to the area and number of spaces shown
on the Conceptual Plan. If additional parking is required for the office use, an amen dment of this
special permit shall be required;
2. There shall be a minimum front yard of two hundred seventy-five (275) feet between the
southern-most structure (the “Main House”) and the property line adjacent to Route 250 as
shown on the Conceptual Plan; side and rear yards shall be as shown on the Conceptual Plan;
3. All streets on the property connecting to adjacent properties as shown on the Conceptual Plan
shall be constructed by the applicant to an urban section with the intent that such streets on the
property connecting to adjacent properties will be built to a standard consistent with the
connecting street on the White Gables property. All streets and pedestrian accesses shall be
constructed to a standard acceptable to the County Engineer in accordanc e with the highlighted
sections of Attachment A, revised and dated August 30, 2005 and initialed as CTG;
4. The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and across
the Kenridge property to its entrance at Ivy Road, as shown on the Conceptual Plan, shall be
established as a private street in conjunction with the final subdivision plat or site plan. As a
condition of final subdivision plat or site plan approval, the applicant shall grant all easements
deemed necessary by the Director of Community Development to assure the public's right to use
the connecting road for purposes of ingress to and egress from Tax Map 60, Parcel 28;
5. The applicant shall comply with all requirements of the VDOT related to design and construction
of the entrance to the property, as shown on the Conceptual Plan, and shall pay its pro rata
share of the cost for signalization of this infrastructure contributed by traffic from the development
as follows:
a. Prior to the issuance of a building permit, the applicant shall place funds in escrow or
provide other security (“security”) acceptable to the County in an amount equal to its pro
rata share of the cost of the signal which amount shall be calculated by the Director of
Community Development in the year in which the security is provided. The security shall
continue so that it is available to pay for the cost of the signal until ten (10) years after
the date of approval of this special use permit; security provided that is not in an interest -
bearing account shall be annually renewed, and the amount of the security shall be
adjusted each year according to the consumer price index, as determined by the Director
of Community Development; and
b. If, at any time until ten (10) years after the date of approva l of this special use permit,
VDOT authorizes in writing the installation of the signal, and VDOT and the County’s
Engineer approve the signal’s installation before the applicant has obtained a building
permit, the County may demand payment of the applicant’s pro rata share of the cost of
21
the traffic signal, and the applicant shall pay its pro rata share of the cost to the County
within thirty (30) days of that demand.
6. Screening adjacent to the railroad right-of-way and along the west and east sides of the project
shall be provided and maintained as depicted on the Conceptual Diagram of Perimeter Screen
and Privacy Planting, dated May 12, 2005, by Charles J. Stick, attached as Attachment B. The
continuous evergreen trees noted as Leyland Cypress Hedge along the north, east and west
sides of the project shall be installed at ten (10) feet to twelve (12) feet in height after lot grading
but prior to issuance of a building permit for any dwelling unit construction. The Leyland Cypress
Hedge also shall be planted on eight (8) foot centers. Underground irrigation shall be provided for
all the planting areas. Screening deemed acceptable to the Director of Community Development
shall be provided adjacent to the railroad to mitigate the impact of this development on adjacent
property and the impact of the railroad on this development;
7. Prior to any alteration or demolition of any building, a reconnaissance level documentation to
include black and white photographs and a brief architectural description shall be pr ovided to the
satisfaction of the County's Historic Preservation Planner;
8. Regardless of the ownership of the open space and amenities, they shall be made available for
use by all residential and commercial units in the development;
9. As shown on exhibit “Kenridge Amendment to SP 200900006 Condition #9”, prepared by Kirk
Hughes & Associates, latest revision date October 19, 2012:
I. For all attached single family buildings, future, existing or the reconstruction thereof,
consisting of Lots 1 through 60 and lying within Zones A, B, and C (See Attachment “C”)
the following apply:
a. Front facing exteriors shall consist of gable and/or hip roofs with red brick to the
roof line. (See Attachments E-1 and E-2)
b. Side facing exteriors shall consist of gable and/or hip roofs with red brick to the
full eave return and/or roof line (See Attachment E-2). As an alternative to red
brick, white composite siding is permissible above said full eave return to the
roof line.
c. Rear facing exteriors shall be red brick from the ground floor to the roof line
except as follows (See Attachment E-3):
i. Lot 19 shall be red brick from the ground floor to the first floor. White
composite siding is permitted from the first floor to the roof line.
ii. Lots 30, 31, and 32 shall be red brick from the ground floor to the
second floor. White composite siding is permitted from the second floor
to the roof line.
II. The exteriors of all detached residences for Lots 61 through 65 shall be red brick from
ground to the roof line. The Cottage as indicated on Attachment “C”, Zone B shall be
white painted brick.
III. Sunrooms, bay or box windows, front entryways and dormers are permissible non-brick
features and may consist of red brick and/or white composite siding or the combination
thereof. Front entryways are defined as that portion of the building within the covered
porch area facing the street. (See Attachments E-1, E-2, and E-3)
IV. The exterior of the Manor House and Cottage (See Attachment “C”) shall be white
painted brick.
V. Exterior materials for all buildings within Zone A, (See Attachment “C”) shall be reviewed
and approved by the Architectural Review Board and by the Director of Planning or their
designee before the issuance of a building permit.
10. Exterior roof surfaces shall be constructed of either copper or synthetic slate;
11. The new villa and town home units shall include garden improvements, generally as depicted on
the Front Garden Diagram, dated August 24, 2005, by Charles J. Stick, Landscape Architect
(See Attachment D). Maintenance of these areas shall be provided for and required by the
Homeowner’s Association which shall be set forth in the Covenants for this development. The
decorative walls, steps and walks shall be constructed of either brick or stone;
12. To ensure the retention of the majority of the existing trees in the two hundred seventy -five (275)
foot front yard setback described in Condition 2 (located between the main house and the Route
250 West Entrance Corridor), the applicant shall submit for revie w and approval by the County’s
Design Planner a tree conservation plan prepared by a state certified arborist that meets the
requirements of Section 32.7.9.4 of the Zoning Ordinance. This plan shall be required for all
erosion and sediment control plans, site plans, and subdivision plats;
13. The site wall immediately adjacent to Route 250 West shall be included on all drawings that
include its context. All grading, road alignments, turning lanes, and other improvements shall be
adjusted to insure that impacts to the wall only include closing the existing entrance and adding a
single entrance. Notes shall be included on the grading, site plans and subdivision plats that
22
state: “The existing site wall shall remain. Disturbance shall be limited to the closure of the
existing entrance and the opening of the proposed entrance into the site." Any changes to the
wall shall be minimal and articulated to blend with the character of the existing wall to the
satisfaction of the Architectural Review Board. Prior to the issuance of any building permits in the
final block, the stone pillars shall be replaced at the new entrance from Route 250; and
14. The design of all single family detached residences, including but not limited to colors, roofing,
siding and foundation m aterial selections, shall be coordinated with the Architectural Review
Board-approved designs of the attached residential units, as determined by the Design Planner;
15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) c ash per
new dwelling unit to the County for funding affordable housing programs [including the Housing
Trust Fund]. The cash contribution shall be paid at the time of the issuance of the Building Permit
for such new unit. The acceptance of this special use permit by the owner shall obligate the
owner to make this contribution;
16. Pedestrian access deemed acceptable by the Director of Community Development shall be
provided to the Manor Home and Carriage House; and
17. With the exception of the entrance road, all streets within the development shall conform to the
neighborhood model matrix deemed appropriate by the Director of Community Development.
_____
SP-2012-00023. Faith Christian Center International
1. Development of the use shall be in general accord with the conceptual plan titled “Faith Christian
Center International Special Use Permit – Concept Plan” prepared by Brian P. Smith Civil
Engineering, Inc., and dated May 13, 2010 (hereafter “Conceptual Plan”), as determined by the
Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual
Plan, development shall reflect the following major elements within the development essential to
the design of the development:
• building orientation
• building mass, shape, and height;
• location of buildings and structures
• turn lane design;
• location of parking areas;
• relation of buildings and parking to the street.
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance;
2. The maximum number of children shall not exceed one hundred twenty (120) or the number of
students as approved by the Health Department or the Department of Social Services, whichever
is less;
3. Side and rear setbacks shall meet commercial setback standards, as set forth in Section 21.7 of
the Albemarle Zoning Ordinance, of fifty (50) feet for structures (excluding signs) and twenty (20)
feet for parking lots and loading spaces adjacent to residential uses or resi dentially zoned
properties;
4. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3
foot candles shall be submitted to the Zoning Administrator or their designee for approval shall
be required prior to approval of the final site plan;
5. Health Department approval of well and/or septic systems shall be required prior to approval of
the final site plan;
6. The area labeled “Re-planting Area” on the Conceptual Plan shall be replanted according to
“Restoration/Establishment Table A” in Appendix D of the “Riparian Buffers Modification &
Mitigation Manual,” published by the Virginia Department of Conservation & Recreation’s
Chesapeake Bay Local Assistance program. This area shall be replanted with species listed in
the brochure titled “Native Plants for Conservation, Restoration, and Landscaping: Piedmont
Plateau,” published by the Virginia Department of Conservation and Recreation; and
7. The hours of operation for the day care shall not begin earlier than 7:00 A.M. and shall end not
later than 6:00 P.M., each day, Monday through Friday, provided that occasional day care -
related events may occur after 6:00 P.M.
_____
SP-2011-00002. Castle Hill Cider:
1. Development of the use shall be in general accord with the Conceptual Plan entitled “Special
Use Permit for Castle Hill Cider,” labeled “Index Title: CP1,” prepared by Dominion Engineering,
and dated 8/28/12, as determined by the Director of Planning and the Zoning Administrator. To
23
be in general accord with the plan, development shall reflect the following central features
essential to the design of the development:
o Location of the structure (labeled “Event Barn”) used for the events;
o Location of the entrance and exit (labeled “New Entrance Road” and “Existing
Entrance”);
o Location of parking;
o Location of “Event Vicinity.”
Minor variations from the Conceptual Plan which do not conflict with the central features above
may be made to ensure compliance with the Zoning Ordinance.
2. Up to eight (8) single-day farm winery events, weddings or wedding receptions (hereinafter,
collectively, “these events”) for more than two hundred (200) persons may be held per calendar
year, with a maximum total daily attendance of three hundred fifty (350) persons. Attendance at
these events shall be by prior reservation, ticket sales, or invitation only.
3. One (1) single-day farm winery event for three hundred fifty-one (351) to one thousand (1,000)
persons (hereinafter, “this event”) may be held per twelve (12)-month period or calendar year:
a. This event shall not be held without written approval from the Virginia Department of
Transportation of a traffic-management plan for the intersection Virginia Route 231 and
Turkey Sag Road. This plan shall require, and the permittee shall provide, police officers
or other trained personnel approved by the Virginia Department of Transportation to be
at the intersection of Virginia Route 231 and Turkey Sag Road to direct arriving and
departing traffic if this event’s attendance may exceed five hundred (500) persons based
on reservations received or tickets sold. This approval shall be submitted to the Zoning
Administrator no less than three (3) weeks before the scheduled date for this event.
b. The permittee shall obtain approval of a zoning clearance by the Zoning Administrator
prior to holding this event. The permittee shall apply for the zoning clearance no less
than three (3) weeks prior to the date of the event. Approval of the zoning clearance will
be contingent upon the Zoning Administrator determining that all conditions of this
special use permit have been satisfied.
c. Admission to this event shall only be by prior reservation or ticket purchase.
4. Before commencing any event permitted under Conditions 2 and 3 above or any farm winery
event, wedding, wedding reception, or other event allowed by-right under County Code § 18-
5.1.25(b)(2), (10) or (11) (hereinafter, collectively, “event subject to this condition”) at which there
is amplified sound, the permittee shall submit, and thereafter comply with, a sound management
plan which has been prepared by an acoustical consultant and approved by the Zoning
Administrator. This plan shall include a plan for monitoring amplified sound levels at the property
lines of the site, including one or more permanent sound meters providing a date and time record
of the sound, and for immediately adjusting amplification equipment to reduce sound levels to no
more than the allowed m aximum provided in this condition. As part of the implementation of this
plan, no event subject to this condition shall commence before the screened openings on the
northeast side of the Event Barn are replaced with glass panels approved by the acoustical
consultant. Sound levels at the property lines of the site shall not exceed an average of fifty-two
(52) decibels (dBA) for any five (5)-minute period, or a more restrictive applicable maximum
sound level established in the Albemarle County Code. At any event subject to this condition, the
sound at the source of the amplified music shall not exceed ninety-five (95) decibels (dBA) and
the volume shall be monitored by an on-site sound meter. The sound limit for any band shall be
limited by contract to not exceed ninety-five (95) decibels (dBA). The glass panels on the
openings of the Event Barn shall remain closed while amplified sounds are produced.
5. Outdoor amplification systems shall not use amplifiers with more than two hundred (200) watts
RMS output, and shall not be used after 6:00 p.m. All other amplified sound systems shall be
contained within the Event Barn.
6. At any event permitted under Conditions 2 and 3 above or any farm winery event, wedding,
wedding reception, or other event allowed by-right under County Code § 18-5.1.25(b)(2), (10) or
(11), traffic-management personnel shall be on site at the exit to direct traffic eastward to Virginia
Route 231. These personnel shall be in addition to the traffic -management personnel required
under Condition 3(a) above. All departing traffic shall be directed to go eastward on Turkey Sag
Road, except for those vehicles whose occupants reside westward on Turkey Sag Road.
7. The permittee shall provide prior notification of each event permitted under Conditions 2 and 3
above or for any farm winery event, wedding, wedding reception, or other event allowed by -right
under County Code § 18-5.1.25(b)(2), (10) or (11), to all owners of properties within one-half
(1/2) mile of the Event Barn and to the Zoning Administrator. A notification letter shall be sent by
mail at least fourteen (14) days before each event. The letter shall include:
a. The date, starting and ending times, and expected number of attendees for the event .
b. A telephone number at which the permittee may be contacted during the event.
24
c. The County’s zoning complaint hotline telephone number (434-296-5834) and identify it
as such.
8. No parking for any event permitted under Conditions 2 and 3 above shall be permitted within two
hundred (200) feet of any stream.
9. Any new outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from
all abutting properties. A lighting plan limiting light levels at all property lines to no greater than
0.3 foot candles shall be submitted to the Zoning Administrator or her designee for approval.
10. In order to ensure the Event Barn doors remain closed while amplified sound is being produced
within it during any event permitted under Conditions 2 and 3 above or any farm winery event,
wedding, wedding reception, or other event allowed by-right under County Code § 18-
5.1.25(b)(2), (10) or (11), the permittee shall install and maintain an air conditioning system in the
Event Barn, together with fans, insulation, and other measures (hereinafter, collectively, the
“system”). The system shall be subject to approval by the Zoning Administrator, who shall
approve it if she determines that the system’s cooling load design is adequate to serve the Event
Barn.
11. SP 2011-00002 shall be valid until December 31, 2014.
25
ATTACHMENT 5
ORDINANCE NO. 13-A(1)
AN ORDINANCE TO ADOPT AND APPROVE AN ADDENDUM
TO THE JANUARY 20, 1984 AGREEMENT BY AND AMONG
THE COUNTY OF ALBEMARLE, VIRGINIA,
THE CITY OF CHARLOTTESVILLE, VIRGINIA AND
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
FOR THE FUNDING AND OPERATION OF
THE EMERGENCY COMMUNICATIONS CENTER
WHEREAS, the County, the City and the University have jointly funded and undertaken the
operation of a joint dispatch center for the purpose of performing direct dispatching functions for County,
City and University law enforcement personnel pursuant to a joint exercise of powers Agreement dated
January 20, 1984; and
WHEREAS, this Board desires to amend the January 20, 1984 Agreement to revise the funding
formula to be simpler and more equitable.
NOW, THEREFORE, BE IT ORDAINED THAT the Addendum #2 to Agreement Dated January
20, 1984 by and among the County of Albemarle, Virginia, the City of Charlottesville, Virginia and the
Rector and Visitors of the University of Virginia pertaining to the joint funding and operation of the
Emergency Communications Center, attached hereto and incorporated herein, is hereby approved, and
that the County Executive is hereby authorized to execute Agreement Addendum #2 on behalf of the
County of Albemarle.
This ordinance shall be effective immediately.
_____
ADDENDUM #2 TO AGREEMENT DATED JANUARY 20, 1984
BY AND AMONG THE COUNTY OF ALBEMARLE, VIRGINIA,
THE CITY OF CHARLOTTESVILLE, VIRGINIA, AND
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
This Addendum #2, dated January 1, 2013, to the Agreement dated January 20, 1984, and first
amended October 10, 2002, by and among the COUNTY OF ALBEMARLE, VIRGINIA, the CITY OF
CHARLOTTESVILLE, VIRGINIA, and the RECTOR and VISITORS of THE UNIVERSITY OF VIRGINIA
(collectively referred to as the “Participants”).
The Participants agree to the following modifications to the Agreement:
1. Section IV (“Allocation of Costs”) is deleted and replaced with the following
paragraphs:
a. Operating Costs. Beginning with the fiscal year commencing July 1, 2013, the
Management Board shall submit the annual budget request for the Center to each Participant by January
15th of each year in a format generally in accordance with the Uniform Financial Reporting System of the
Auditor of Public Accounts for the Commonwealth of Virginia. Operating costs will be allocated among the
Participants in direct proportion to their respective shares of the percentage of the numbers of calls for
service received by the Center. In preparing for the budget for each year, the Management Board shall
obtain the actual number of calls received by the Center for the immediately preceding 12 month period of
October 1 through September 30. The Management Board shall use such actual call numbe rs to
recompute the allocation formula for each next ensuing fiscal year. The recomputation shall be made as
soon after January 1 as possible to make accurate figures available to the Participants for their annual
budget. A hypothetical example of the Funding Formula calculated under this section if it had applied to
fiscal year 2012-2013 is attached hereto as Exhibit A. The budget shares for the Participants under the
formula calculated under this section are set forth on Exhibit B attached hereto.
b. Capital Improvements Costs. Non-recurring capital items for the Center shall be
submitted to each Participant as part of its Capital Improvement Plan (CIP). Capital items include (i) land
acquisition, and construction of new facilities: (ii) renovations or addit ions to existing facilities; (iii) major
26
studies such as facility or systems assessments, engineering or feasibility studies related to facility or
system needs; and (iv) equipment requirements. Funding for capital items shall be subject to approval by
the Participants. The cost for capital items for the Center shall be allocated among the Participants
according to their percentage of actual calls to the Center as determined in section IV(a) above for the
fiscal year such capital items are approved by a Participant; provided, however, that each Participant’s
percentage of cost for a capital item shall not be recomputed each year, but shall remain constant for
such capital item. By way of example, the Computer Aided Dispatch System (CADS) is a capital item. T he
cost allocation of the CADS project is based on the cost allocation among the Participants in effect at the
time that project was approved by the Participants and shall remain constant throughout such project,
not-withstanding the recalculation of allocations for operating costs pursuant to section IV(a) above.
c. 800 MHz System. Notwithstanding paragraphs a and b above, the capital and
operational cost allocation of the 800 MHz Public Safety Project (the 800 MHz System) was established
by an Agreement dated June 27, 2003 among the Participants, with the cost allocation based on the
number of radios used in the 800 MHz System by the Participants and certain third party users. The
capital cost allocation of the 800 MHz System shall remain fixed pursuant to the terms of the Agreement
dated June 27, 2003. The operational cost of the 800 MHz System shall continue to be recomputed each
year allocating the cost to the Participants equal to the percentage of the number of radios used by each
Participant in the 800 MHz System. Unless otherwise agreed to, the capital and operational cost for any
communications system which replaces the 800 MHz System will also be allocated among the
Participants equal to the percentage of the number of radios used by each Partic ipant in such
replacement system.
d. Fund Balance. The Center may retain a year -end fund balance not to exceed
twenty-five percent (25%) of the Center’s total annual operating budget. The Management Board will,
after each fiscal year audit, return to each Participant its share of any carryover funds in excess of those
amounts necessary to fund the reserve fund. The return of such funds to each Participant will be prorated
using the allocation formula calculated pursuant to section IV(a) above for such fisc al year. In lieu of
returning such funds, the Management Board may formally request alternative uses for such carryover
funds, subject to the approval of the Participants.
2. Except as amended hereby, the Agreement remains in full force and effect and th e
Participants hereby ratify and confirm the provisions, terms and conditions set forth in the Agreement and
any amendments or addenda thereto.
27
Exhibit A
Proposed Funding Formula
County City UVA Totals
PD/Fire/EMS Calls
Percentage
69,826
48.45%
53,008
36.78%
21,296
14.77%
144,130
100.00%
69,826 53,008 21,296 144,130
Percentage 48.45% 36.78% 14.77%
FY 13 Budget $5,326,614
Minus Internal 800 MHz Public Safety* $500,863
Minus 800 MHz Outside Agencies** $271,011
Total $4,554,740
Total multiplied by % above $2,206,772 $1,675,233 $672,735
Internal 800 MHz Public Safety* $288,107 $122,841 $89,915
Minus Other Revenue $240,189 $182,335 $73,222 $495,746
Total Owed per locality $2,254,690 $1,615,739 $689,428
* Internal public safety agencies include:
Albemarle County Public Safety (37.33%) $288,107
City of Charlottesville Public Safety (15.91%) $122,841
University of Virginia Public Safety (11.65%) $89,915
$500,863 ***
* Outside agencies include (billed individually):
Albemarle County Schools (11.03%) $85,166
City of Charlottesville Public Works (3.98%) $30,710
City of Charlottesville Schools (2.09%) $16,147
City of Charlottesville Transit (2.30%) $17,730
UVA Transit (2.91%) $22,479
Charlottesville-Albemarle Regional Airport
(2.13%)
$16,463
Albemarle -Charlottesville Regional Jail (6.23%) $48,123
Rivanna Water & Sewer Authority (2.30%) $17,730
Alcohol, Tobacco & Firearms (0.17%) $1,266
Albemarle County Service Authority (1.97%) $15,197
$271,011 ***
*** These would be billed separately as part of the 800 MHz infrastructure budget
The public safety agencies for each jurisdiction would be included in the
localities portion of the regular budget.
28
Exhibit B
CHARLOTTESVILLE-UVA-
ALBEMARLE COUNTY
EMERGENCY
COMMUNICATIONS CENTER
BUDGET SHARES
FISCAL YEAR 2012-2013
Description Cost Center Albemarle Charlottesville UVA Others TOTAL
Operations 31040 $744,421 $565,114 $226,937 $0 $1,536,472
48.45% 36.78% 14.77% 0.00%
Admin 31041 $706,479 $536,312 $215,370 $0 $1,458,161
48.45% 36.78% 14.77% 0.00%
Telecom. 911 31042 $113,858 $86,433 $34,710 $0 $235,000
48.45% 36.78% 14.77% 0.00%
EMD 31043 $159,680 $121,218 $48,678 $0 $329,576
48.45% 36.78% 14.77% 0.00%
Emergency 31045 $70,487 $53,509 $21,488 $0 $145,485 Services 48.45% 36.78% 14.77% 0.00%
PS Technology 31046 $111,391 $84,561 $33,958 $0 $229,909
48.45% 36.78% 14.77% 0.00%
Co.Fire Com. 31047 $148,612 $112,816 $45,304 $0 $306,733
48.45% 36.78% 14.77% 0.00%
800 MHz 31048 $288,107 $122,841 $89,915 $271,011 $771,874
37.33% 15.91% 11.65% 35.11%
City Fire 31049 $151,844 $115,270 $46,290 $0 $313,404
48.45% 36.78% 14.77%
Total Budget $2,494,879 $1,798,074 $762,650 $271,011 $5,326,614 Share
Revenues -$240,189 -$182,335 -$73,222 $0 -$495,746
Total Due $2,254,690 $1,615,739 $689,428 $271,011 $4,830,868
Other Outside Revenues
29,000 (Interest)
10,500 (OES Grant)
453,600 (Wireless Fund)
2,646 (FBI)
$495,746.00 Total Other Outside Revenues
Total Shares Due FY- 2012-2013
Albemarle County - $2,254,690
City of Charlottesville - $1,615,739
University of Virginia - $689,428
800 MHz Infrastructure Others - $271,011
29
ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 6th day
of February 2013, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Fray’s Mill Subdivision, as described on the attached Additions
Form AM-4.3 dated February 6, 2013, 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 Area Land Use 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 Fray’s Mill, as described on the
attached Additions Form AM-4.3 dated February 6, 2013, 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 fo rwarded to the Area Land Use
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Millhouse Drive (State Route 1048) from the intersection of Route 641 to the cul-de-
sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 4130, page 586, with a 50-foot right-of-way width, for a length of
0.18 miles.
Total Mileage – 0.18
30
ATTACHMENT 7
INTERGOVERNMENTAL AGREEMENT
Between
Virginia Department of Agriculture and Consumer Services
and
Albemarle County
This INTERGOVERNMENTAL AGREEMENT is entered into this 31st day of December, 2012, in the City
of Richmond, Virginia, between the Virginia Department of Agriculture and Consumer Services (“VDA CS”)
and Albemarle County (collectively, “the parties”) to provide mutually advantageous terms for cooperation
between VDACS and Albemarle County to implement VDACS’ contribution of funds in support of
Albemarle County’s purchase of agricultural conservation easements.
WHEREAS, the General Assembly, by Chapter 3 of the 2012 Special Session I Acts of Assembly, has
appropriated $1,200,000 in the fiscal year ending June 30, 2013 to VDACS for the continuation of a state
fund to match local government purchase of development rights program funds for the preservation of
working farms and forest lands; and,
WHEREAS, § 3.2-201 of the Code of Virginia authorizes VDACS’ Office of Farmland Preservation to
develop methods and sources of revenue for allocating funds to localities to purchase agricultural
conservation easements, and to distribute these funds to localities under policies, procedures, and
guidelines developed by VDACS’ Office of Farmland Preservation; and,
WHEREAS, for all purposes of this INTERGOVERNMENT AL AGREEMENT, the term “agricultural
conservation easement” shall mean a negative easement in gross that has the primary conservation
purpose of preserving working farm and/or forest land; and,
WHEREAS, the Albemarle County Board of Supervisors has enacted an ordinance or passed a resolution
that: authorizes, in accordance with Title 10.1, Chapter 17 of the Code of Virginia (“the Open -Space Land
Act”) and other applicable law, Albemarle County to purchase agricultural conservation easements from
landowners (each hereinafter called “Grantor”); sets forth a clear, consistent, and equitable administrative
process governing such purchases; and outlines the goals and purposes of Albemarle County’s farmland
preservation program; and,
WHEREAS, Albemarle County has agreed to maintain a public outreach program designed to educate
various stakeholders in Albemarle County—including farmers, landowners, public officials, and the non-
farming public—about Albemarle County’s initiatives to preserve working farms and forest lands; and,
WHEREAS, Albemarle County has agreed to establish a transparent and replicable process for valuation
of agricultural conservation easements; and,
WHEREAS, the purchase of agricultural conservation easements is one component of Albemarle
County’s broader farmland preservation program; and,
WHEREAS, Albemarle County has agreed to use a deed of easement that is sufficiently flexible to allow
for future agricultural production in purchases of agricultural conservation easements for which Albema rle
County uses funds contributed to it by VDACS; and,
WHEREAS, Albemarle County has agreed that any agricultural conservation easement purchased as per
the terms of this INTERGOVERNMENTAL AGREEMENT shall meet the definition of "real estate devoted
to agricultural use", "real estate devoted to horticultural use" or "real estate devoted to forest use" as
established in § 58.1-3230 of the Code of Virginia; and,
WHEREAS, Albemarle County has agreed to establish a clear strategy for monitoring and enforcing th e
terms of the agricultural conservation easements that Albemarle County purchases; and,
WHEREAS, Albemarle County has agreed to establish a process that Albemarle County will use to
evaluate the effectiveness of its farmland preservation program, including a protocol for making changes
to Albemarle County’s agricultural conservation efforts based on such evaluations; and,
31
WHEREAS, VDACS, in reliance on the veracity of the foregoing recitals, certifies Albemarle County is
eligible to receive contributions of funds from VDACS in reimbursement for certain costs Albemarle
County actually incurs in the course of purchasing agricultural conservation easements; and,
WHEREAS, Albemarle County, and the agents and employees of Albemarle County, in the performance
of this INTERGOVERNMENTAL AGREEMENT, are acting on behalf of Albemarle County, and not as
officers or employees or agents of the Commonwealth of Virginia;
NOW, THEREFORE, VDACS and Albemarle County agree their respective responsibilities, pursuant to
this INTERGOVERNMENTAL AGREEMENT, shall be defined as follows:
1. VDACS Responsibilities
a. VDACS shall, within thirty (30) days of the date of execution of this
INTERGOVERNMENTAL AGREEMENT, restrict $160,715.64 (hereinafter “the allocation
amount’) in an account, from which VDACS shall withdraw funds only to pay contributions
of funds that Albemarle County is eligible to receive pursuant to this
INTERGOVERNMENTAL AGREEMENT, except that upon the expiration of two (2) years
from the date of this INTERGOVERNMENTAL AGREEMENT, or immediately upon
Albemarle County’s failure to perform any of its obligations under the terms of this
INTERGOVERNMENTAL AGREEMENT, VDACS shall have the right to withdraw any
funds then remaining in such account and the right to redirect those funds to other
localities that VDACS certifies as being eligible to receive matching funds and that enter
into an intergovernmental agreement with VDACS to govern the distribution of matching
funds for the purchase of agricultural conservation easements. The allocation amount
from this and any prior INTERGOVERNMENTAL AGREEMENT shall not be considered
to be a grant as that term is used in paragraph 1(b) of this INTERGOVERNMENTAL
AGREEMENT.
b. Upon Albemarle County or any agent acting on behalf of Albemarle C ounty’s recordation
of a deed evidencing Albemarle County’s purchase of an agricultural conservation
easement in the circuit court of the city or county where the Grantor’s land is located and
Albemarle County’s submission to VDACS of a completed claim for reimbursement, on a
form prescribed by VDACS, together with the supporting documentation required under
paragraph 2(e) of this INTERGOVERNMENTAL AGREEMENT, VDACS shall reimburse
Albemarle County fifty percent (50%) of the reimbursable costs that Albemarle County
actually incurred in the course of purchasing that agricultural conservation easement,
limited to that portion of the allocation amount remaining in the account maintained by
VDACS pursuant to paragraph 1(a) of this INTERGOVERNMENTAL AGREEMENT. The
following shall not be considered to be reimbursable costs that Albemarle County actually
incurred and shall be subtracted from the total amount of reimbursable costs considered
for reimbursement by VDACS in connection with any particular agricultural conservation
easement transaction: grants made by the United States of America, the Virginia
Department of Agriculture and Consumer Services (VDACS), the Virginia Department of
Conservation and Recreation (DCR), the Virginia Outdoors Foundation (VOF), or any
other governmental agency or political subdivision of the Commonwealth of Virginia;
payments made by any other funding sources either directly to the landowner or to
reimburse Albemarle County; or in-kind donations or contributions. VDACS may make
alternative arrangements for the distribution of funds pursuant to this
INTERGOVERNMENTAL AGREEMENT, provided Albemarle County presents a written
request for such alternative arrangement to the Commissioner of VDACS or the
Commissioner of VDACS’s designated agent (referred collectively hereinafter as “the
Grant Manager”) prior to incurring any expense for which Albemarle County seeks a
distribution of funds under the proposed alternative arrangement.
For purposes of this INTERGOVERNMENTAL AGREEMENT, “reimbursable costs”
include:
1. The purchase price of the agricultural conservation easement actually
incurred by Albemarle County, at present value, including any portion that
32
Albemarle County will pay over time pursuant to an installment purchase
agreement;
2. The cost of title insurance actually incurred by Albemarle County;
3. The cost actually incurred by Albemarle County of any appraisal of the land
by a licensed real estate appraiser upon which Albemarle County
purchases an agricultural conservation easement;
4. The cost actually incurred by Albemarle County of any survey of the
physical boundaries of the land by a licensed land surveyor upon which
Albemarle County purchases an agricultural conservation easement,
including the cost of producing a baseline report of the conditions existing
on the land at the time of the conveyance of the agricultural conservation
easement;
5. Reasonable attorney fees actually incurred by Albemarle County
associated with the purchase of an agricultural conservation easement,
where reasonable attorney fees include those fees associated with outside
counsel required for the completion of the easement, but do not include
fees related to county or city attorneys serving as staff and who are paid
regular salary in the county’s or city’s employ;
6. The cost actually incurred by Albemarle County of issuing public hearing
notices associated with Albemarle County’s purchase of an agricultural
conservation easement that Albemarle County is required by law to issue;
and
7. Any recordation fees actually incurred by Albemarle County that Albemarle
County is required to pay pursuant to the laws of the Commonwealth of
Virginia.
c. VDACS shall only be responsible for reimbursing Albemarle County under paragraph 1(b)
of this INTERGOVERNMENTAL AGREEMENT for reimbursable costs that Albemarle
County actually incurs in the course of purchasing an agricultural conservation easement
when Albemarle County or any agent acting on behalf of Albemarle County acquires, by
such purchase, a deed of easement that, at a minimum, provides:
1. The primary conservation purpose of the easement conveyed by the deed
of easement is the conservation of the land in perpetuity for working farm
and/or forestal uses.
2. The Grantor and Albemarle County agree that the land subject to the
agricultural conservation easement shall not be converted or diverted, as
the Open-Space Land Act employs those terms, until and unless the Grant
Manager, with the concurrence of Albemarle County or an assignee of
Albemarle County’s interest in the agricultural conservation easement,
certifies that such conversion or diversion satisfies the requirements of the
Open-Space Land Act.
3. The Grantor and Albemarle County agree that, in the event of an
extinguishment of the restrictions of the agricultural conservation ease ment
that results in the receipt of monetary proceeds by Albemarle County or an
assignee of Albemarle County’s interest in an agricultural conservation
easement in compensation for the loss of such property interest, VDACS
shall be entitled to a share of those proceeds proportional to VDACS’
contribution toward the total reimbursable cost of acquiring the agricultural
conservation easement as evidenced by the completed claim for
reimbursement required under paragraph 1(b) of this INTERGOVERN -
MENTAL AGREEMENT.
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4. If the Grantor conveys the agricultural conservation easement for less than
its fair market value, the Grantor and Albemarle County mutually
acknowledge that approval of the terms of this Deed of Easement by
VDACS and/or its legal counsel does not constitute a warranty or other
representation as to the Grantor’s qualification for any exemption,
deduction, or credit against the Grantor’s liability for the payment of any
taxes under any provision of federal or state law.
5. All mortgagors and other holders of liens on the property subject to the
restrictions contained in the deed of easement have subordinated their
respective liens to the restrictions of the deed of easement acquired by
Albemarle County. All such mortgagors and other holders of liens shall
manifest their assent to the easement’s priority over their respective liens
by endorsing the deed of easement.
6. A baseline report documenting the conditions existing on the land at the
time of the conveyance of the agricultural conservation easement is
incorporated into the deed of easement by reference.
2. Albemarle County Responsibilities
a. Albemarle County shall, within thirty (30) days of the date of execution of this
INTERGOVERNMENTAL AGREEMENT, have available local funds greater than or equal
to the allocation amount for the purpose of purchasing agricultural conservation
easements.
b. Albemarle County shall use matching funds that VDACS contributes to Albemarle
County, pursuant to this INTERGOVERNMENTAL AGREEMENT, only for the purpose of
purchasing agricultural conservation easements that are perpetual and that have the
primary conservation purpose of preserving working farm and/or forest lands.
c. Within one (1) year from the date of this INTERGOVERNMENTAL AGREEMENT, and for
each subsequent year in which th e INTERGOVERNMENTAL AGREEMENT or a
subsequent agreement is in force, Albemarle County shall submit to VDACS a progress
report that:
1. describes any properties that Albemarle County has identified as prospects
for Albemarle County’s purchase of agricultural conservation easements
and the status of any negotiations for the purchase of such agricultural
conservation easements;
2. estimates the timeframes within which Albemarle County will execute
contracts for any such purchases, close on such purchases, and requ est
reimbursement of reimbursable costs for those purchases from VDACS;
3. describes the measures Albemarle County has undertaken to develop
and/or maintain a public outreach program designed to educate various
stakeholders in Albemarle County’s community—including farmers,
landowners, public officials, and the non-farming public—about Albemarle
County’s agricultural conservation easement program and other initiatives
to preserve working agricultural land;
4. describes the measures Albemarle County has undertak en to develop
and/or maintain a formal plan for stewardship and monitoring of the
working agricultural land on which Albemarle County acquires agricultural
conservation easements; and
5. describes the measures Albemarle County has undertaken to develop
and/or maintain a process that Albemarle County will use to evaluate the
effectiveness of its program, including a protocol for making changes to
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Albemarle County’s agricultural conservation efforts based on such
evaluations.
d. For any purchase of agricultural conservation easements for which Albemarle County
requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL
AGREEMENT, Albemarle County shall obtain a policy of title insurance on its purchased
interest that covers at least an amount equal to the amount for which Albemarle County
requests reimbursement from VDACS.
e. Prior to closing on a purchase of an agricultural conservation easement for which
Albemarle County requests reimbursement from VDACS pursuant to this
INTERGOVERNMENTAL AGREEMENT, Albemarle County shall submit, for review and
approval by VDACS and its legal counsel, the following documentation:
1. a written agreement setting forth, in the manner prescribed by Albemarle
County’s ordinance or resolution governing its program to acquire
agricultural conservation easements, the terms of Albemarle County’s
purchase of the agricultural conservation easement, including the purchase
price;
2. a written confirmation from the Albemarle County Commissioner of
Revenue or Director of Finance, or the Albemarle County Commissioner of
Revenue’s or Director of Finance’s designated agent that the property/
properties to be encumbered by the agricultural conservation easement
meet the definition of "real estate devoted to agricultural use", "real estate
devoted to horticultural use" or "real estate devoted to forest use" as
established in § 58.1-3230 of the Code of Virginia;
3. a written description of the agricultural, environmental and social
characteristics of the property/properties to be encumbered by the
agricultural conservation easement;
4. any installment purchase agreement;
5. the deed of easement that the Grantor will deliver to Albemarle County at
closing, including all exhibits, attachments, and/or addenda;
6. a title insurance commitment for a policy to insure the easement interest
under contract indicating an amount of coverage at least equal to the
amount of funds for which Albemarle County requests reimbursement from
VDACS; and
7. an itemized list of all reimbursable costs that Albemarle County has or w ill,
up to the time of closing, incur in the course of purchasing the agricultural
conservation easement.
Albemarle County shall make whatever changes to the proposed deed of easement
and/or the installment purchase agreement, where applicable, that VDACS and/or its
legal counsel deem necessary to ensure compliance with applicable state law and the
requirements and purposes of this INTERGOVERNMENTAL AGREEMENT.
Albemarle County may fulfill its obligation under this paragraph by submitting accurate
and complete copies of all documents enumerated in this paragraph, provided that
Albemarle County shall deliver or make available the original documents to VDACS for
review at VDACS’ request.
f. Together with any claim for reimbursement pursuant to this INTERGOVERNMENTAL
AGREEMENT that Albemarle County submits to VDACS, Albemarle County shall also
submit the following supporting documentation:
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1. a copy of the recorded deed of easement that VDACS and/or its legal
counsel approved prior to closing, showing the localit y, deed book, and
page of recordation, and including all exhibits, attachments, and/or
addenda;
2. copies of invoices, bills of sale, and cancelled checks evidencing
Albemarle County’s incursion of reimbursable costs in the course of
purchasing the agricultural conservation easement;
3. a copy of any executed installment purchase agreement related to the
purchase, which shall indicate the purchase price; and
4. a copy of any deed of trust related to the purchase.
g. Albemarle County shall provide the Grant Manager immediate written notice of Albemarle
County’s receipt of any application or proposal for the conversion or diversion of the use
of any land upon which Albemarle County or its assignee, where applicable, holds an
agricultural conservation easement, for the purchase of which VDACS contributed funds
pursuant to this INTERGOVERNMENTAL AGREEMENT.
h. Albemarle County, or any assignee of Albemarle County’s interest in an agricultural
conservation easement for which Albemarle County receives a contribution from VDA CS
pursuant to this INTERGOVERNMENTAL AGREEMENT shall at all times enforce the
terms of that easement. Albemarle County shall provide the Grant Manager immediate
written notice of any actions, whether at law, in equity, or otherwise, taken by locality to
enforce the terms of the easement or to abate, prevent, or enjoin any violation thereof by
any party. Any failure by Albemarle County or such assignee to perform its enforcement
responsibility shall constitute a breach of this INTERGOVERNMENTAL AGREEMENT,
for which VDACS shall have a remedy by way of a civil action for specific performance of
that enforcement responsibility; or, VDACS shall have the right and authority, at its
option, to demand and receive from Albemarle County a portion of the full market value of
the agricultural conservation easement at the time of the breach in proportion to VDACS’
contribution toward the total reimbursable cost of acquiring the agricultural conservation
easement as evidenced by the completed claim for reimbursement req uired under
paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT.
i. For any purchase of an agricultural conservation easement for which Albemarle County
requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL
AGREEMENT, Albemarle County shall derive its valuation of the agricultural
conservation easement according to the valuation methods prescribed by ordinance or
resolution.
3. Merger and Supersedure of Prior Agreement
The parties agree that terms of any INTERGOVERNMENTAL AGREEMENT previously
entered into between the parties to govern VDACS’ distribution of funds to Albemarle County
in support of Albemarle County’s purchase of agricultural conservation easements shall be
merged into the instant INTERGOVERNMENTAL AGREEMENT, the latter of which shall
supersede all former INTERGOVERNMENTAL AGREEMENTS to the extent that there are
any inconsistencies between the terms of these INTERGOVERNMENTAL AGREEMENTS.
Notwithstanding the language of this paragraph, VDACS shall be required to restrict the
allocation amount(s) provided in paragraph 1(a) of any prior agreement(s) in addition to the
current allocation amount, but shall only be required to restrict any prior allocation amount(s)
until the expiration of two (2) years from the date of execution of the prior agreement(s).
4. Recertification
This INTERGOVERNMENTAL AGREEMENT pertains exclusively to VDACS’ contribution of
funds that the General Assembly has appropriated to VDACS through the fiscal year ending
June 30, 2013. VDACS shall not contribute other funds in the future to Albemarle County
except upon VDACS’ recertification of Albemarle County’s eligibility to receive such funds.
VDACS may establish and communicate to Albemarle County certain benchmarks of
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program development that VDACS will impose upon Albemarle County as preconditions to
Albemarle County’s recertification for future contributions.
5. Governing Law
This INTERGOVERNMENTAL AGREEMENT is governed by and shall be interpreted in
accordance with the laws of the Commonwealth of Virginia. In all actions undertaken
pursuant to this INTERGOVERNMENTAL AGREEMENT, preferred venue shall be in the City
of Richmond, Virginia, at the option of VDACS.
6. Assignment
Albemarle County shall not assign this INTERGOVERNMENTAL AGREEMENT, either in
whole or in part, or any interest in an agricultural conservation easement for the purchase of
which VDACS contributes funds pursuant to this INTERGOVERNMENTAL AGREEMENT,
without the prior, written approval of the Grant Manager.
7. Modifications
The parties shall not amend this INTERGOVERNMENTAL AGREEMENT, except by their
mutual, written consent.
8. Severability
In the event that any provision of this INTERGOVERNMENTAL AGREEMENT is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this INTERGOVERNMENTAL AGREEMENT have force and effect and shall not be affected
thereby.
(The rest of this page is intentionally left blank. Signatures manifesting the parties’ mutual
assent to the terms contained in this INTERGOVERNMENTAL AGREEMENT appear on the
next page.)
In witness, whereof, the parties hereto have executed this INTERGOVERNMENTAL
AGREEMENT as of the day and year first written above.
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ATTACHMENT 8
RESOLUTION TO APPROVE TRAVEL REIMBURSEMENT
POLICY FOR BOARD OF SUPERVISORS MEMBERS
WHEREAS, the Board of Supervisors may grant to its members any or all of the fringe benefits in
the manner and form as such benefits are provided for County employees pursuant to § 15.2 -1414.3 of
the Code of Virginia; and
WHEREAS, the Board of Supervisors finds that a policy to establish uniform standards and
procedures for travel reimbursement will serve the purpose of allowing Board members to travel on official
County business and assure the prudent use of County funds.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia hereby adopts the Travel Reimbursement Policy for Board of Supervisors Members, as attached
hereto and incorporated herein.
_____
Travel Reimbursement Policy for Board of Supervisors Members
of Albemarle County, Virginia
The purpose of this policy is to establish uniform standards and procedures that allow Board members to
travel for official County business purposes consistent with the prudent use of County funds.
I. Scope
A. Board members may be reimbursed for the following routine travel expenses, provided
there are available funds:
1. Mileage for travel by personal vehicle or other travel costs to scheduled Board
meetings and Board committee meetings for committees to which a Board
member is appointed, from home or work, if a work day, which is not part of
routine personal travel;
2. Mileage for travel by personal vehicle or other travel costs to events reasonably
necessary to prepare for matters scheduled for consideration on the Board’s
agenda which is not part of routine personal travel (i.e., site visits, informational
meetings); and
3. Parades and other community gatherings not advertised as Supervisor’s town
hall meetings to discuss County business. Travel to use the COB office between
other personal travel or meetings, shall not be covered.
B. Board members may be reimbursed for the following educational conference travel
expenses, provided there are available funds:
1. All necessary, actual and reasonable meal, travel and lodging costs (incl uding
gratuity and excluding alcohol) of attending regional, statewide or national
meetings at which the Board member represents the County, as approved by the
Board; and
2. All necessary, actual and reasonable meal, and travel (including gratuity and
excluding alcohol) of attending legislative or congressional hearings relating to
official County business.
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C. Board members will not be reimbursed for the following travel expenses:
1. Travel to events which are political in nature (i.e., campaigning or partisan
events);
2. Personal expenses incurred during travel; or
3. Other travel which is not part of the statutory governmental duties of the Board of
Supervisors that are not provided for in Sections A or B.
II. Procedures
A. This policy will be applied and overseen in the following manner:
1. Reimbursement requests shall be made in writing on forms provided by the Clerk
of the Board and shall itemize the date, number of miles of travel expenses and
purpose of the meeting. Mileage for use of a personal vehicle shall be
reimbursed at the County’s authorized car mileage reimbursement rate. Other
reimbursements shall be for the amount of costs expended and shall be
documented by receipts for actual amounts paid.
2. The Clerk, or her/his designee, will review all travel reimbursement requests prior
to reimbursement. No payment will be made for incomplete submissions or
information.
3. When all allocated funds for Board reimbursements have been expended, there
will be no further reimbursement for that fiscal year unless the Board
appropriates additional funding.
4. This policy shall be distributed to each member of the Board upon taking office or
upon any changes to the policy.
(Adopted 2/6/2013)