HomeMy WebLinkAbout06042014actions 1
ACTIONS
Board of Supervisors Meeting of June 4, 2014
June 5, 2014
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 9:04 a.m., by
the Chair, Ms. Dittmar. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
ADOPTED, by a vote of 6:0, the final agenda.
5. Brief Announcements by Board Members.
Liz Palmer:
Provided update on recent meeting of the
Albemarle County Long Range Solid Waste
Solutions Advisory Committee.
Jane Dittmar:
The Chamber of Commerce is currently
accepting applications for Leadership
Charlottesville.
There will be a celebration of diversity in the
business community on June 24, 2014, at the
Paramount.
Nora Gillespie, Director of the Central Virginia
Small Business Development Center, is
retiring. The CVPED is currently seeking
applications for the position.
6. Recognitions:
a. Charles P. "Chip" Boyles, II, Executive
Director, Thomas Jefferson Planning District
Commission.
Ms. McKeel introduced and recognized Mr.
Boyles.
b. 2013 (CAFR) Comprehensive Annual Financial
Report - Certificate of Achievement.
Ms. Palmer introduced Ryan Davidson, who
made the presentation to Ms. Burrell and the
Finance staff.
c. Crozet Library – LEED (Leadership in Energy
and Environmental Design) Certification.
Ms. Mallek recognized the Crozet Library for
receiving the certification.
d. Rivanna Garden Club – Claudius Crozet Park
biofilter.
Ms. Mallek recognized Phyllis Ripper of the
Rivanna Garden Club.
Listen
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
David Thomas, Scottsville District, presented
claim, on behalf of Joseph Pace, for payment
of VERIP Retirement Compensation.
Charles Battig, made a presentation regarding
sustainability and the Comp Plan.
Nancy Carpenter, Scottsville District, spoke
about affordable housing for everyone.
Listen
2
Stacey Norris, Co-President of Voices for
Animals and Founder/Project Coordinator
HOWS Project, spoke about improving laws to
protect animals.
Robert Walters, Rivanna District, spoke about
opposition to fracking in the County.
Edward Brooks, Samuel Miller District,
expressed concerns about new policy at
Jefferson Madison Regional Library that
allows use of cell phones and snacks
throughout the Library.
County Executive: Request
information from Mr. Halliday.
8.2 FY 2014 Budget Amendment and Appropriations.
APPROVED appropriations #2014100
and #2014102 for general government
programs. (Note: action was taken
under other matters from Board.)
Clerk: Forward copy of
signed appropriations to
OMB, Finance and
appropriate individuals.
Listen
8.3 Set public hearing on Proposed Ordinance to
establish a Video-Monitoring System for School
Buses.
SET the proposed Ordinance for public hearing
on July 2, 2014.
Clerk: Advertise and schedule on
the July 2 agenda.
8.4 Change Board of Supervisors’ Regular Night
Meeting Time for 2014 Calendar.
CHANGED the start time of the Board’s regular
night meetings from 6:00 p.m., to 7:00 p.m.,
until such time updates to the Comprehensive
Plan are complete.
Clerk: Advertise in the Daily
Progress and post notice on door
of Lane Auditorium.
8.5 Western Albemarle Rescue Squad Memorandum
of Understanding for Participation in Cost
Recovery Program.
AUTHORIZED the County Executive to
execute a Memorandum of Understanding
between Western Albemarle Rescue Squad
and the County.
County Attorney: Provide
Clerk with signed copy of
MOU. (Attachment 1)
8.6 Cost Recovery Program – Insurance-Only Billing
for County Residents.
ADOPTED Resolution to Implement
Insurance-Only Billing of County Residents for
the Emergency Medical Services Cost
Recovery Program.
Clerk: Forward copy of
signed resolution to Fire and
Rescue, and County
Attorney’s office.
(Attachment 2)
8.7 Fire Services Agreement Between the City of
Charlottesville and Albemarle County.
AUTHORIZED the County Executive to
execute the 2014 Fire Services Agreement.
County Attorney: Provide
Clerk with signed copy of
agreement. (Attachment 3)
8.8 Petty Cash Resolution.
ADOPTED Resolution.
Clerk: Forward copy of
signed resolution to Finance,
OMB and County Attorney’s
office. (Attachment 4)
8.9 ZTA-2012-00010. Off-site signs (deferred from
May 7, 2014).
ADOPTED ordinance.
Clerk: Forward copy of
signed ordinance to
Community Development
and County Attorney’s office.
(Attachment 5)
8.10 Virginia Retirement System (VRS) Employer
Contribution Rate Election Resolutions.
ADOPTED Resolutions to 1) certify the
County’s employer contribution rate for
Clerk: Forward signed
copies of resolutions to
Human Resources, Finance
and County Attorney’s office.
3
General Government employees will be the
VRS Board of Trustees’ rate of 13.49%, which
is the contribution Certified Rate by the VRS
Board of Trustees for the 2014-2016 biennium;
and 2) certify that it concurs with the School
Divisions election to pay the VRS Board of
Trustees’ Certified Rate of 7.86% for the 2014-
2016 biennium for the School Division’s
classified/non-professional employees. (Note:
action was taken under other matters from
Board.)
(Attachments 6 and 7)
8.13 Grants Update.
Pulled for discussion under other matters from
Board.
9. Pb. Hrg: An ordinance to amend Chapter 2,
Administration, of the Albemarle County Code,
to amend Section 2-202, Compensation of
board of supervisors.
By a vote of 5:1 (Sheffield), ADOPTED
ordinance.
Clerk: Forward copy of signed
ordinance to Human Resources
and Payroll, along with EAR
forms and County Attorney’s
office. (Attachment 8)
Listen
10. Pb. Hrg: An ordinance to amend Chapter 4,
Animals and Fowl, of the Albemarle County
Code.
By a vote of 6:0, ADOPTED ordinance.
Clerk: Forward copy of signed
ordinance to Police Department
and County Attorney’s office.
(Attachment 9)
Listen
11. Pb. Hrg: An ordinance to amend section 15-
1601 of Chapter 15, Taxation, of the Albemarle
County Code.
By a vote of 6:0, ADOPTED ordinance.
Clerk: Forward copy of signed
ordinance to Finance, Real
Estate and County Attorney’s
office. (Attachment 10)
Listen
Recess. The Board recessed at 10:38 a.m. and
reconvened at 10:46 a.m.
12. FY 15 Resolution of Appropriations and Discussion
of State Budget.
By a vote of 5:1 (Boyd), ADOPTED the Annual
Resolution of Appropriations for FY 15 that
allocates a total of $351,989,970 to various
General Government and School Division
operating, capital improvement, and debt
service accounts for expenditure in FY 15.
By a vote of 6:0, ADOPTED Resolution of
Official Intent to Reimburse Expenditures with
Proceeds of a Borrowing.
By a vote of 6:0, ADOPTED Resolution to Urge
Legislators to Approve the State Budget.
Clerk: Forward copies of signed
resolutions to OMB, Finance and
County Attorney’s office.
Forward copy of State budget
resolution to Albemarle County
General Assembly members.
(Attachments 11 and 12)
Forward copy of resolution to
Albemarle County General
Assembly members. (Attachment
13)
Listen
13. Albemarle County Service Authority (ACSA)
Quarterly Update.
Received.
Listen
14. Rivanna Water and Sewer Authority (RWSA)
Quarterly Update.
Received.
Listen
15. Dominion Power Report.
Received.
Listen
16. Closed Meeting.
At 12:30 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under subsection (1) to
4
consider appointments to boards, committees,
and commissions in which there are pending
vacancies or requests for reappointments;
under subsection (3) to discuss the acquisition
of real property for court facilities because an
open meeting discussion would diversely affect
the bargaining position of the County; under
subsection (7) to consult and be briefed by
legal counsel and staff regarding specific legal
matters requiring legal advice relation to: 1.
The negotiation of easements on the County
Office Building property; 2. An employment
agreement; and 3. The Fair Labor Standards
Act; and under subsection (7) to consult with
and be briefed by legal counsel and staff
regarding probable litigation concerning: 1. A
violation of a subdivision agreement because a
public discussion would adversely aff ect the
litigating posture of the County; and 2. An
employment benefit compensation claim
because a public discussion would adversely
affect the litigation posture of the County.
Listen
17. Certified Closed Meeting.
At 1:35 p.m., the Board reconvened into open
meeting and certified the closed meeting.
NonAgenda. Resolution to Disallow Claim.
By a vote of 6:0, ADOPTED resolution.
Clerk: Forward resolution to
David Thomas. (Attachment 14)
18. Boards and Commissions: Appointments.
APPOINTED Ms. Katharine Welch to the
Citizens Transportation Advisory Committee
(CTAC), with said term to expire April 3, 2017.
REAPPOINTED Ms. Elizabeth Russell, Mr.
Jared Loewenstein and Mr. Jeff Werner to the
Historic Preservation Committee, with said
terms to expire June 4, 2017.
REAPPOINTED Mr. Peter DeMartino to the
Region Ten Community Services Board, with
said term to expire June 30, 2017.
APPOINTED Supervisor Liz Palmer to the
Solid Waste Committee as the BOS Liaison
with said term to expire December 31, 2014.
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
19. County Fire Rescue - Career firefighters serving as
volunteers within the same jurisdiction.
Received.
Listen
20. Courts Project Follow-up.
CONSENSUS that staff continue to pursue
both Court expansion options in parallel.
Listen
21. Communication with Commonwealth
Transportation Board regarding the Route 29
Recommended Concept Solutions Package.
By a vote of 5:1 (Boyd), APPROVED letter
with changes.
Clerk: Forward letter to CTB
members. (Attachment 15)
Listen
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
By a vote of 6:0, APPROVED consent agenda
items 8.2 and 8.10.
Ann Mallek:
Listen
5
Announced that she had forwarded an email to
Supervisors regarding the Workforce
Innovations and Opportunity Act (WIOA), and
requested that a letter of support be added to
the June 11 agenda.
Liz Palmer:
Gave a brief report on the Solid Waste
Committee and discussed appointing
additional members.
Jane Dittmar:
Reminded Supervisors of upcoming meetings.
Announced that she and Supervisor McKeel
attended a conference in Roanoke and heard a
presentation on Public Private Partnerships.
She encouraged Board members to stay
informed about these partnerships.
Requested background information on the
CACVB and schedule on a future agenda.
Diantha McKeel:
Requested more information on Public Private
Partnerships.
24. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Highlighted and discussed the monthly County
Executive’s report.
Listen
22. Work Session: CPA-2013-01. Comprehensive Plan
Update/Amendment, to begin with public
comments and possible Board direction.
Held.
(Attachment 16)
Listen
25. Adjourn to June 5, 2014, 5:00 p.m., Auditorium.
The meeting was adjourned at 7:08 p.m.
ewj/tom
Attachment 1 – Western Albemarle Rescue Squad Memorandum of Understanding for Participation in Cost
Recovery Program
Attachment 2 – Resolution - Cost Recovery Program – Insurance-Only Billing for County Residents
Attachment 3 – Fire Services Agreement Between the City of Charlottesville and Albemarle County
Attachment 4 – Petty Cash Resolution
Attachment 5 – Ordinance - ZTA-2012-00010. Off-site signs
Attachment 6 – Resolution - Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other
Political Subdivisions
Attachment 7 – Resolution - Local Governing Body Concurrence with School Division Electing to Pay the VRS
Board-Certified Rate
Attachment 8 – Ordinance – Compensation of Board of Supervisors
Attachment 9 – Ordinance – Chapter 4, Animals and Fowl
Attachment 10 – Ordinance – Chapter 15, Taxation
Attachment 11 – Annual Resolution of Appropriations for FY 15
Attachment 12 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing
Attachment 13 – Resolution to Urge Legislators to Approve the State Budget
Attachment 14 – Resolution to Disallow Claim
Attachment 15 – Communication with CTB, re: Route 29 Recommended Concept Solutions Package
Attachment 16 – Comprehensive Plan Update Discussion
6
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE WESTERN ALBEMARLE RESCUE SQUAD, INC. AND
THE COUNTY OF ALBEMARLE, VIRGINIA
This Memorandum of Understanding (“MOU”) is entered into on this 6th day of June, 2014, by the
Western Albemarle Rescue Squad, Inc. (“WARS”), a Virginia non-stock corporation and a volunteer rescue
agency located at 1265 Crozet Avenue, Crozet, Virginia, 22932,,and the County of Albemarle, Virginia (the
“County”), a political subdivision of the Commonwealth of Virginia with its principal offices at 401 McIntire Road,
Charlottesville, Virginia, 22902, for the purpose of establishing guidelines concerning WARS’s participation in the
County’s Emergency Medical Services (EMS) revenue recovery program (“WARS” and the “County” are
hereinafter referred to as the “Parties”; singular, a “Party”).
WHEREAS, on September 9, 2009, the Albemarle County Board of Supervisors enacted Chapter 6,
Article V, of the Albemarle County Code, which authorizes the Albemarle County Department of Fire and Rescue
and any volunteer rescue squad that obtains a permit from the County to charge fees (the “Fees”) for emergency
medical services (EMS) ambulance vehicle transports (hereinafter, “transport services”); and
WHEREAS, on April 21, 2014, the membership of WARS voted to begin billing for EMS vehicle transport
services as part of the County’s EMS revenue recovery program;
WHEREAS, the County acknowledges that WARS has agreed to participate in the County’s EMS
revenue recovery program which is intended to recover costs associated with providing emergency
medical/transport services on the basis that the County will utilize funds from the recovery program to fund
WARS’ reasonable budget requests.
NOW, THEREFORE, the parties agree as follows:
1. In consideration of the County’s compliance with the terms of this MOU, WARS will participate in
billing for transport services as part of the County’s EMS revenue recovery program that began on
February 1, 2010. For billing and collection purposes, the County will serve as the agent and public
point of contact for WARS and shall contract with a third-party provider to administer the billings and
collections relative to the revenue recovery program.
2. All Fees charged by WARS for transport services shall be collected by the County’s billing and
collection provider and retained by the County to support funding of WARS. Any funds in excess of
those needed to support WARS, as set out hereinafter, will be used to support the Albemarle County
Coordinated Fire and Rescue System established pursuant to Code § 6-102 of the Albemarle
County Code.
3. In consideration of the County’s compliance with the terms of this MOU, during the term of this MOU
WARS agrees to provide all reasonably necessary information, documentation, and cooperation to
the County and its billing and collection provider for the billing of transport services
delivered/provided by WARS. For the duration of the County’s November 11, 2009 contract, as
amended by Addendum dated
January 3, 2012, with its current billing and collection provider, Fidelis Billing, LLC (“Fidelis”), WARS
agrees to the covenants contained in Articles II, V, IX, X and XII of the County’s contract with Fidelis.
WARS hereby agrees to comply with any similar requirements and covenants in any successor
billing and collection provider contract. WARS also hereby agrees to supply the County, or su ch
billing and collection provider, as the case may be, any information that might be reasonably
necessary to obtain and maintain billing approval for the transport services by the Center for
Medicare and Medicaid Services.
4. WARS authorizes all EMS ambulances owned by WARS, whether solely titled to WARS or jointly
titled to WARS and the County, to be used for the delivery of transport services within the County’s
7
EMS revenue recovery program. The Parties acknowledge that, to the extent permitted by law,
WARS will not be required to bill for any transport services performed pursuant to a written contract
in which WARS agrees to provide “standby” services to a third party and such contract provides that
a patient shall not be billed for transport services in such third-party setting, provided that the third-
party agrees to pay for such transport services in an amount not less than would be paid by
Medicare for a Medicare patient transport. Otherwise, the patient shall be billed for any such
transport services under the County’s applicable policies and procedures.
5. WARS agrees to apply for a permit from the County to participate in billing for transport services
and, to the extent that such permit is not inconsistent with the provisions of this MOU, will comply
with the terms of the permit, once issued. The County’s Board of Supervisors has previously
approved Volunteer Funding Policy SAP-DEP-007 (the Policy), which provides a detailed outline of
the County’s funding policy for volunteer fire departments and rescue squads in the County. This
Policy shall be used by WARS as a guideline for creating their annual budget request. However, in
consideration of the participation by WARS in the County’s revenue recovery program, the County
commits to fund 100% of WARS’s reasonable annual operating (non-capital items) budget requests
consistent with the review and oversight by the Office of Management and Budget (OMB) for County
Departments. In addition, one-time budget requests for facilities repairs and maintenance and one-
time budget requests for items or services such as but not limited to equipment previously identified
in a multi-year funding plan shall be given full consideration for funding. The County shall establish
an annual operating contingency for WARS equal to ten percent (10%) of its approved operating
budget which shall be available to fund unanticipated operating expenses or reasonable operating
expenses underfunded in the operating budget. These funds will be provided to WARS upon
reasonable request after consultation and approval by the Fire and Rescue Chief.
6. The foregoing notwithstanding, WARS hereby agrees that it will continue its historical fundraising
efforts for the purpose of generating funds to be used solely by WARS for the replacement, or major
renovations/additions, to its existing facilities/buildings and such other needs as WARS reasonably
deems necessary to deliver timely, efficient and professional transport services as determined, and
approved, by WARS’ Board of Directors.
7. WARS hereby agrees to determine, at the end of each of its fiscal years, any funds provided to
WARS by the County in connection with this MOU which are not expended by WARS. As to all such
funds, WARS hereby agrees that such funds shall be held in a contingency fund by WARS. In the
event that WARS determines, due to unanticipated expenses, that funds budgeted for a fiscal year
are insufficient to fund WARS, even after applying the funds held in WARS’s contingency fund,
WARS may, after consultation with the County’s OMB and Fire and Rescue Chief, request an
additional appropriation from the Board of Supervisors, which shall be at the Board’s discretion.
8. Because under Virginia law a board of supervisors may not legally bind a future board, the parties
acknowledge and agree that the funding of WARS as set out herein remains subject to annual
appropriations by the Albemarle County Board of Supervisors.
9. The Parties intend that this MOU will last for the duration of the County’s EMS revenue recovery
program. However, either Party may terminate this MOU by providing sixty (60) days’ written notice
to the other Party in the event that: (i) the Albemarle County Board of Supervisors fails to appropriate
funds to WARS in accordance with the Policy and/or this MOU; (ii) Feder al, State or County laws
require discontinuation of the County’s EMS revenue recovery program; or (iii) a Party commits a
material breach of this MOU or the Policy which is not cured, or otherwise satisfactorily addressed in
the sole reasonable discretion of the aggrieved Party, within sixty (60) days of notice of such breach
by the aggrieved Party to the non-aggrieved Party. Should either Party terminate this MOU, the
terminating Party will cooperate with the other Party to close out all outstanding billing and collection
matters relative to the revenue recovery program outlined above.
10. The County hereby agrees, notwithstanding anything set out herein to the contrary, that at all times
relative to the revenue recovery program set out herein that it shall continue its current billing policy
of “soft” or “compassionate” billing in appropriate circumstances. The County hereby further agrees
that upon a determination that it may do so in compliance with Federal law, the County will
8
implement “insurance only billing” in which residents of the County shall not be billed for any portion
of a fee for transport services not paid by an insurance company or program.
WESTERN ALBEMARLE RESCUE SQUAD, INC.
By: _________________________________
William Wood, President
Date: _______________________________
COUNTY OF ALBEMARLE, VIRGINIA
By: _________________________________ Approved as to Form:
Thomas C. Foley, County Executive
Date: _______________________________ _______________________
County Attorney
9
ATTACHMENT 2
RESOLUTION TO IMPLEMENT INSURANCE ONLY BILLING
OF COUNTY RESIDENTS FOR THE EMERGENCY MEDICAL SERVICES
COST RECOVERY PROGRAM
WHEREAS, on September 9, 2009, the Board enacted Chapter 6, Article V of the Albemarle County
Code, which authorizes the Albemarle County Department of Fire and Rescue and any volunteer rescue squad
that obtains a permit from the County to charge fees for emergency medical services (EMS) vehicle transports;
and
WHEREAS, Chapter 6, Article V of the Albemarle County Code authorized the County Executive to
establish policies and procedures to implement the provisions of Chapter 6, Article V of the Albemarle County
Code in accordance with applicable law, including payment standards for persons demonstrating economic
hardship, which the County Executive has done; and
WHEREAS, the Board instructed County staff to take the necessary steps to implement an EMS Cost
Recovery policy change that would provide that County residents would not be billed for fees not covered by
insurance incurred for the provision of EMS vehicle transport services by the County or by volunteer rescue
squads that obtain a permit from the County to charge fees for EMS vehicle transports; and
WHEREAS, the Office of Inspector General has issued Advisory Opinion No. 13-14 to the County of
Albemarle approving an insurance only billing structure for EMS vehicle transport services provided to Albemarle
County residents by the Albemarle County Department of Fire and Rescue and permitted volunteer rescue
squads allowing the local taxes paid to count as the deductibles and co -pays for such County residents.
NOW, THEREFORE, BE IT RESOLVED THAT the Albemarle County Board of Supervisors hereby
directs that the EMS Cost Recovery Program provide for “insurance only” billing for EMS vehicle transports
rendered by the Albemarle County Department of Fire and Rescue or by any permitted volunteer rescue squad
to bona fide residents of the County. In accordance with Albemarle County Code Section 6-503(b), the County
Executive shall implement the procedures necessary to effect this change to the County EMS Cost Recovery
Program effective August 1, 2014. All other provisions of the County’s EMS Cost Recovery Program, including
the billing of non-County residents for all fees incurred for EMS vehicle transports rendered by the Albemarle
County Department of Fire and Rescue or permitted volunteer rescue squads, shall remain in effect.
10
ATTACHMENT 3
2014 FIRE SERVICES AGREEMENT BETWEEN
THE CITY OF CHARLOTTESVILLE AND ALBEMARLE COUNTY
THIS AGREEMENT is made and entered into this _____ day of June , 2014, and executed in
duplicate originals by the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, and the COUNTY OF ALBEMARLE, a political subdivision of the
Commonwealth of Virginia.
WHEREAS, the City and the County entered into the Fire Services Agreement Between the City of
Charlottesville and Albemarle County, dated May 3, 2000, governing the provision of fire services for both
localities; and,
WHEREAS, Section 10 of the 2000 Agreement provides that the parties may amend or supplement
the Agreement at any time by mutual written agreement; and,
WHEREAS, by amendments dated August 6, 2008 and May 17, 2010 the pa rties agreed to extend
the term of the 2000 Agreement; and,
WHEREAS, the 2000 Agreement was terminated by the County effective June 29, 2013; and,
WHEREAS, the parties have now renegotiated the terms and conditions under which fire services
will be provided across jurisdictional boundaries and the compensation for those services, which forms
the basis for this new Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
Section 1. Definitions.
For purposes of this Agreement, words and phrases set forth below shall be interpreted as they are defined
in this section.
Automatic Aid (“AA”) is fire department assistance that is automatically dispatched to respond across
jurisdictional boundaries to a defined First Due geographic area.
Automatic Mutual Aid (“AMA”) is fire department assistance that is automatically dispatched to respond across
jurisdictional boundaries to defined areas outside of a First Due geographical area.
CAD is Computer Aided Dispatch.
Call(s) or Response(s) occur when a fire company is instructed to respond (is dispatched) to deliver
services, and is not cancelled within one (1) minute thirty (30) seconds of the dispatch.
Call Type refers to predefined incident types, such as structure fires, vehicle accidents, etc., that are used by
CAD to dispatch appropriate units.
Chief Officer means a member of either the City or County Fire Department with the rank of Chief, Deputy
Chief, or Battalion Chief, or another Fire Department employee or volunteer specifically designated to act in one
of those positions.
City means the City of Charlottesville.
Consumer Price Index or "CPI" refers to the U.S. Bureau of Labor Statistics Consumer Price Index (All
Urban Consumers, U.S. City Average, All Items, Base Period: November 1996 = 100). For purposes of this
Agreement, the reference month for calculating the annual change in the CPI shall be June. For example,
11
at the beginning of the second contract year of this Agreement the parties will use the percentage change
in the published CPI for the period between June, 2013 and June, 2014 when determining the annual
adjustment required by Section 5.1 of this Agreement.
County means the County of Albemarle.
First Due Area is a geographic area primarily served by a station that is close in proximity. For purposes of
responses contemplated by this Agreement, First Due Areas are designated areas in the County where the City
will provide Automatic Aid responses.
Mutual Aid is fire department assistance dispatched across jurisdictional boundaries on request from one
jurisdiction to another. The Chief Officer in the responding jurisdiction may modify the requested response
based on available resources.
Next Due refers to the next available unit in a pick order.
Pick Order is a predefined list of stations in CAD which are in order of proximity to defined geographic areas
called ESN’s. Each ESN has an individual pick order. CAD uses ESN’s and the pick order to determine the
appropriate closest unit to respond to a call.
Station Transfer is a transfer of assistance by a fire department across jurisdictional boundaries to cover a
vacated station while the receiving fire department’s resources are committed to an incident.
Section 2. Goals.
2.1. A Unified Approach. The vision and intent of the parties, as evidenced by execution of this Fire
Services A greement, is to continue the cooperative, unified approach for fire and emergency services for the
Charlottesville-Albemarle community in an effective and fiscally responsible manner, as initially evidenced by
the 2000 Fire Services Agreement.
2.2. Continuing Services. Among other things, this means that the City F i r e D e p a r t m e n t will be
dispatched under “automatic aid”, as defined herein, to certain designated areas in the County; that either the
City or the County Fire Department will be dispatched under “automatic mutual aid”, as defined herein, to certain
other designated areas in the community; and that either the City or the County Fire Department will, on request,
be dispatched under “mutual aid”, as defined herein, to any area outside of a First Due area, after approval by
the responding department.
Section 3. Term.
3.1. Unless terminated as provided herein, this Fire Services Agreement shall be in effect for a term of five (5)
years, beginning July 1, 2013 (the “Commencement Date”) and expiring June 30, 2018 (the “Termination Date”).
By mutual written agreement executed at least one (1) year prior to the Termination Date, the parties may extend
the Agreement for one (1) additional five (5) year term, through June 30, 2023, at which time the Agreement
shall terminate.
3.2 Either party may, in its sole discretion, terminate this Agreement at any time upon written notice deli vered to
the other party at least one (1) year prior to the effective date of termination.
Section 4 . Provision of Interjurisdictional Fire Services.
4.1. Automatic Aid (AA) Responses.
(A) The City Fire Department will be dispatched automatically and will respond under Automatic Aid
to the geographic areas in the County that are shown in the color blue on the map entitled City/County Contract
and dated January 6, 2014. A copy of such Map will be on file in the offices of the Fire Chiefs of the City and
County, and a reduced illustration is attached to this Agreement as Exhibit A, and is incorporated herein by
reference. The areas so designated shall be First Due Areas for the City Fire Department. The City and County
12
fire chiefs shall, by consensus, resolve any ambiguities as to what specific properties are included within the First
Due Areas depicted on the Map.
(B) The response of the City Fire Department’s HazMat Team to an automatic dispatch to any area
in the County will be counted as an Automatic Aid Response, until such time as the City and the County enter
into a cost sharing agreement that supports a regional HazMat Team. A response by the City’s HazMat Team to
a request by an on-scene incident commander in the County will be considered a Mutual Aid Response, as
defined in this Agreement.
(C) Although at the time of the execution of this Agreement it is not anticipated that the County will have
any Automatic Aid Response obligations in any First Due Area within the City, during the term o f this Agreement
or any extension thereof the parties may mutually agree to amend the attached Map to designate a specific area
in the City as a First Due Area for Automatic Aid Response by the County.
4.2. Automatic Mutual Aid (AMA) Responses.
(A) An Automatic Mutual Aid Response occurs when either the City or the County Fire Department is
dispatched automatically to defined areas within the other jurisdiction that are outside of any designated First
Due Area. An example of where an Automatic Mutual Aid Response will occur is where Fire Department units in
the jurisdiction where an incident occurs are already committed, prompting a next due response form the other
jurisdiction.
(B) The geographic areas that are subject to Automatic Mutual Aid Responses are (i) the entire City of
Charlottesville; and (ii) those areas of Albemarle County that are shown in the color green on the above-
referenced Map attached as Exhibit A. The protocols for Automatic Mutual Aid shall be such protocols mutually
agreed to by the City and County fire chiefs.
(C) For the purposes of this Agreement, station transfers will be considered Automatic Mutual Aid
Responses.
4.3. Mutual Aid (MA) Responses.
(A) A Mutual Aid Response is a response by either the City or the County Fire Department across
jurisdictional boundaries at the request of a Chief Officer in the requesting jurisdiction. The Chief Officer in the
responding jurisdiction may modify the requested response based on available resources.
(B) Neither party to this Agreement will be billed for Mutual Aid Responses into their respective
jurisdiction.
4.4. Maximum Allowable Resources.
In order to ensure that adequate Fire Department resources remain available for emergency response in
each jurisdiction, the City and the County will limit Automatic Aid, Automatic Mutual Aid, and Mutual Aid
Responses to no more than two (2) fire companies at any given time, unless a greater response is authorized by
the on-duty Chief Officer in the responding jurisdiction.
4.5. Cancellation of Response.
If either a City or County Fire Department unit is dispatched pursuant to this Agreement and
subsequently disregarded within one (1) minute, thirty (30) seconds of the dispatch, the response will not be
included as a call under the terms of this Agreement.
Section 5 . Payment for Services.
5.1. Total Annual Payment.
The Total Annual Payment for fire services provided pursuant to this Agreement is based on a combination
of factors, including a portion of the City’s debt service for apparatus replacement; a portion of capital costs for
13
fire stations; HazMat costs; and a calculated cost per call. The amounts associated with each of those
components are as follows:
(i) Debt service for apparatus replacement: $8,445
(ii) Fire station capital costs: $10,000
(iii) HazMat costs: $10,000
(iv) Cost per City Fire Department call: $595
The calculation supporting the City Fire Department’s cost per call of $595 is attached hereto as Exhibit B.
During the term of this Agreement and any extension thereof the cost per call will be adjusted annually by the
published change in the Consumer Price Index, as defined herein.
If a City Fire Department unit is committed on a call in the assigned Automatic Aid Response area of the County
and a second City unit is dispatched to the County as an Automatic Aid Response, the cost for the second unit
will be billed at twice the contractual cost per call rate ($1,190 in the first year of this Agreement). The parties
anticipate a second unit Automatic Aid Response approximately 25 times a year.
5.2. Calculation of the Annual Cost per Call Fee.
(A) The County has estimated that the total annual number of AA and AMA responses by the City Fire
Department into the County will be 216, with an additional 25 second unit responses. In recognition that this
number will fluctuate and to allow for flexibility for both jurisdictions to utilize Automatic Mutual Aid in a manner
most beneficial to service delivery, both parties agree that the a nnual Cost per Call Fee will be a fixed amount
based on 216 responses and an additional 25 second unit responses, to be applied when the total net number of
AA and AMA responses by the City into the County is at least 100, and no more than 400.
(B) The total net number of AA and AMA responses by the City into the County will be determined on an
annual basis by subtracting the total number of AA (if any) and AMA responses by the County into the City from
the total number of AA and AMA City responses into the County.
(C) Assuming that the number of City AA and AMA responses will be between 100 and 400 (including
up to 25 second unit responses), the annual Cost per Call Fee for the first year of this Agreement (July 1, 2013
to June 30, 2014) is anticipated to be:
216 (# of City AA and AMA responses) x $595 (cost per City Fire Department call) + 25 (number of second unit
responses) x $1,190 (cost per City Fire Department call x 2) = $158,270.
(D) If the total net number of City AA and AMA responses in any contract year exceeds 400, the County
will pay the applicable Cost per City Fire Department Call fee then in effect for each call above 400. If the total
net number of City AA and AMA responses in any contract year is less than 100, the County will be given a
credit against the Total Annual Payment in the amount of the applicable Cost per City Fire Department Call fee
then in effect for each call less than 100.
5.3. Calculation of the Total Annual Payment.
The Total Annual Payment required by this Agreement shall be the sum of the annual Cost per Call Fee,
calculated and adjusted as provided herein, and the fees for apparatus debt service, fire station capital costs,
and HazMat costs. For purposes of illustration only the following are examples o f how the Total Annual
Payment will be calculated:
Example 1:
(a) City makes 100 AA and 275 AMA responses into the County.
(b) County makes 0 AA and 100 AMA responses into the City.
(c) The total net City calls into the County = 275, which is within the 100 – 400 range.
(d) County payment = $158,270 (annual cost per call fee) + $8,445 (debt service) + $10,000 (capital costs) +
$10,000 (HazMat) = $186,715.
14
Example 2:
(a) City makes 150 AA and 350 AMA responses into the County.
(b) County makes 0 AA and 75 AMA responses into the City.
(c) The total net City calls into the County = 425, which is above the 100 – 400 range.
(d) County payment = $158,270 (annual cost per call fee) + $14,875 (surcharge for additional 25 calls above
400) + $8,445 (debt service) + $10,000 (capital costs) + $10,000 (HazMat) = $201,590.
Example 3:
(a) City makes 50 AA and 100 AMA responses into the County.
(b) County makes 0 AA and 75 AMA responses into the City.
(c) The total net City calls into the County = 75, which is below the 100 – 400 range.
(d) County payment = $158,270 (annual cost per call fee) - $14,875 (credit for 25 calls below 100) + $8,445
(debt service) + $10,000 (capital costs) + $10,000 (HazMat) = $171,840.
Section 6 . Annual Billing for Fire Services.
6.1. Annual Invoice; Disputes.
Within sixty (60) days after June 30, 2014, and after each June 30 thereafter while this Agreement is in
effect, the City will present to the County a written invoice for the Total Annual Payment, which invoice will
include the calculations contemplated by this Agreement that support the amount invoiced. Upon receipt of the
invoice the County will within sixty (60) calendar days either pay the invoice in its entirety, or provide written
notice of the portions of the invoice that it disputes is due and owing under the terms of this Agreement. In the
event of a dispute representatives of the City and County Fire Departments will meet to attempt to amicably
resolve the amounts in dispute. Any disagreement over the amount due shall no t relieve the County from paying
in a timely manner that portion of the invoice that is not in dispute.
6.2. Default.
Should the County fail to pay any portion of the annual payment due the City hereunder in any year
during the term of this Agreement, the City shall give 20 calendar days written notice to the County that
the County is in breach of this Agreement. If the City or County fails to perform any other material
obligation of this Agreement, the other party shall give 60 calendar days written notice that such party is in
breach of this Agreement and request that the breach be cured. If the City or County fails to cure the
breach during the 20 or 60 day period, as applicable, it may be declared to be in default and, upon 30
days written notice to the breaching party, the party giving notice may cease providing services or
payment and/or compel performance by an appropriate action in law or equity.
Section 7. Additional Terms and Conditions.
7.1. A Legal and Moral Obligation.
This Agreement is a service contract for which payment is due for services after services have been
rendered. The annual payments due hereunder for the initial five (5) year term of this Agreement or any
extended term, unless otherwise terminated as provided herein, are deem ed to be both a legal and moral
obligation of the County to the City.
7.2. Amendment.
The parties, without penalty, may cancel, amend, supplement, or replace this Agreement at any time by
mutual written agreement.
7.3. Entire Agreement.
This Agreement represents the entire agreement between the parties, and there are no other
agreements or understandings between the parties, either verbal or written, which have not been incorporated
15
herein. This Agreement supersedes all prior agreements regarding interjurisdictional fire service responses,
including the Fire Services Agreement between the City of Charlottesville and County of Albemarle dated May 3,
2000, as amended.
WITNESS the following signatures and seals:
CITY OF CHARLOTTESVILLE:
By: _________________________ Approved as to form:
Title: _________________________ ____________________
City Attorney
Date: _________________________
COUNTY OF ALBEMARLE:
By: _________________________ Approved as to form:
Title: _________________________ ____________________
County Attorney
Date: _________________________
16
EXHIBIT A
17
EXHIBIT B
CALCULATION OF COST PER CITY FIRE DEPARTMENT CALL
(1) Salary and Benefits for 24 / 7 Engine Company: $972,034
(2) Administrative Overhead (7%): $68,042
(3) Operating Costs for 3 Engine Companies: $300,261
(4) Total Cost: $1,340,337
(5) Maximum number of annual calls / 1 Engine Company: 2,250
(6) Line (4) divided by Line (5): $595 per call
(rounded)
18
ATTACHMENT 4
RESOLUTION
WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any county may establish by
resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising fro m
commitments made pursuant to law; and
WHEREAS, the Board of Supervisors adopted a Resolution on July 10, 2013 establishing petty cash
funds; and
WHEREAS, the Board of Supervisors now desires to amend certain petty cash funds for the above
stated purpose, specifically reducing the petty cash fund for the Police Department and eliminating the petty
cash fund for the Albemarle-Charlottesville Regional Jail.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia
re-establishes the following petty cash funds:
Finance Department $4,350.00
Social Services 200.00
Community Development 100.00
Police Department 1,000.00
Fire and Rescue 150.00
Fire and Rescue – Hollymead Fire Station 500.00
Fire and Rescue – Ivy Fire Station 1,000.00
Fire and Rescue – Monticello Fire Station 200.00
Commonwealth’s Attorney 300.00
Parks & Recreation 100.00
Total $7,900.00
19
ATTACHMENT 5
ORDINANCE NO. 14-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.15.2 Definitions
By Amending and Renaming:
Sec. 4.15.5 Electric message signs; authorized by special use permit
By Adding:
Sec. 4.15.5A Off-site signs; authorized by right and by special use permit
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15.2 Definitions.
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1) Access road. The term “access road” means a public or private street that is not a through street or
provides frontage to fewer than ten (10) parcels.
(1.1) Advertising vehicle. The term “advertising vehicle” means a motor vehicle, trailer or semi trailer
(collectively, “vehicle”) having a permanent or temporary sign affixed, painted on or placed upon it,
including a sign that alters the vehicle’s manufacturer’s profile; provided that a temporary sign affixed to
an employee’s private vehicle during his or her working hours is not an advertising vehicle. (Amended 3-
16-05)
(1.2) Agricultural product sign. The term “agricultural product sign” means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property, or identifyi ng farm sales, a farm
stand, a farmers’ market or a farm winery. (Added 3-16-05; Amended 5-5-10)
. . .
(9.1) Bundle sign. The term “bundle sign” means a freestanding off-site sign that identifies two or more
establishments or sites that are not part of a planned development district and share a common entrance
or access road.
. . .
(14.2) Directional sign. The term “directional sign” means a freestanding off-site sign that directs vehicular or
pedestrian traffic, or both, to an establishment and displays the establishment name, distance, an arrow
providing direction, or any combination of the foregoing.
. . .
(35) Off-site sign. The term “off-site sign” means: (i) within a district other than a planned development
district, a sign that is not located on the same lot with the use to which it pertains, but does not include a
sign located in a public right-of-way; or (ii) within a planned development district, a sign that is not
20
located within the area depicted on the application plan approved for the planned development, but does
not include a sign located in a public right-of-way. (Added 3-14-12)
. . .
(12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10-
18(3), 5-5-10; Ord. 10-18(5), 5-12-10; Ord. 11-18(1), 1-12-11; Ord. 12-18(2), 3-14-12)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286(A)(4).
Sec. 4.15.5 Electric message signs; authorized by special use permit.
Electric message signs may be authorized by special use permit, as provided herein:
a. Authority. The board of zoning appeals is authorized to issue special use permits for electric message
signs.
b. Procedure and administration. The application procedure, the factors to be considered, the conditions
imposed, and the authority to revoke such a permit shall be as provided in section 33.
c. Eligibility for special use permit. In order to be eligible for a special use permit, any proposed electric
message sign shall be located within an industrial or commercial district or a com mercial section of a
planned development district, and the proposed sign shall comply with all applicable state laws for such
signs.
(12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01; Ord. 10-18(4), 5-5-10; Ord. 12-18(7), 12-5-12, effective 4-1-
13)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.5A Off-site signs; authorized by right and by special use permit.
Off-site signs are subject to the following:
a. Authority of the board of zoning appeals to grant special use permits; pr ocedure and administration. The
board of zoning appeals is authorized to grant special use permits for bundle signs, directional signs,
and signs in public rights-of-way as provided in subsection (b). The application procedure, the factors to
be considered, the conditions imposed, and the authority to revoke a special use permit shall be as
provided in section 33.
b. When directional signs, bundle signs and signs in the public right -of-way may be authorized. Directional
signs, bundle signs and signs in the public right-of-way are authorized by right or by special use permit
as follows:
Directional Signs
Authorized Eligibility Districts Where
Sign May Be
Located
Other Location
Requirements
By right Up to two (2) directional signs pertaining to
any single twenty-four (24) hour
emergency medical service facilities.
Within any
zoning district.
None.
By right Up to two (2) directional signs pertaining to
any public use.
Within any
zoning district.
The sign shall be located only
in compliance with one of the
following: (i) within one-half
(1/2) mile from the site entrance
along a street providing direct
access to the site entrance; (ii)
if the owner demonstrates to
the satisfaction of the zoning
By special
use permit
The owner shall demonstrate to the
satisfaction of the zoning administrator that
it has exhausted all possible locations and
sign types for an on-site sign, and that no
on-site sign face located at the site
entrance would be visible from the street
Within any
zoning district.
21
Directional Signs
Authorized Eligibility Districts Where
Sign May Be
Located
Other Location
Requirements
providing direct access to the site entrance
within one hundred (100) feet of the site
entrance.
administrator for public use
directional signs or the board of
zoning appeals for all other
directional signs that it is
unable to obtain permission
from an owner within one-half
(1/2) mile from the site entrance
as provided in subdivision (i),
then within one-quarter (1/4)
mile from the turning decision
onto a street providing direct
access to the site entrance; or
(iii) if the owner demonstrates
to the satisfaction of the zoning
administrator for public use
directional signs or the board of
zoning appeals for all other
directional signs that it is
unable to obtain permission as
provided under subdivisions (i)
and (ii), then another
authorized location.
Bundle Signs
By special
use permit
The establishment or site to which the
bundle sign pertains must be located within
an industrial, commercial or residential
district and share a common entrance or
access road with one (1) or more other
establishments or sites.
Within an
industrial or
commercial
district, a
residential
district
authorizing a
density of six (6)
dwelling units
per acre or
more, or a
planned
development
district.
The sign shall be located on a
parcel having frontage on the
intersection of a street and an
access road serving all
establishments or sites
identified on the sign.
Signs in the Public Right-of-Way
By special
use permit
The sign: (i) shall be either a subdivision
sign or a sign identifying a planned
development authorized by sections 19,
20, 25, 25A, and 29; (ii) the subdivision or
planned development to which the sign
pertains shall abut the public right-of-way
in which the sign will be located; (iii) the
regulations applicable to freestanding
signs for the subdivision or planned
development to which the sign pertains,
except for setback regulations, shall apply
unless the Virginia Department of
Transportation imposes more restrictive
standards; and (iv) the applicant submits a
written statement from the Virginia
Within any
zoning district.
The sign shall be located only
where the Virginia Department
of Transportation authorizes it
to be located.
22
Directional Signs
Authorized Eligibility Districts Where
Sign May Be
Located
Other Location
Requirements
Department of Transportation stating that
it will permit the sign to be located in the
public right-of-way.
c. Other off-site signs authorized by right. The following off-site signs are authorized by right:
1. Agricultural product signs. Agricultural product signs, except for those advertising a farmers’
market in any district other than the Rural Areas, Monticello Historic District, and the Village
Residential districts, provided that: (i) the agricultural product signs do not exceed an aggregate
of thirty-two (32) square feet in sign area; and (ii) the number of signs advertising a farmers
market in the Rural Areas, Monticello Historic District, or the Village Residential districts does not
exceed two (2) and the signs are posted within that particular district.
2. Political signs. Off-site political signs, in any district.
3. Subdivision signs. Off-site subdivision signs, in any district, except for subdivision signs in public
rights-of-way which are subject to subsection (b).
4. Temporary signs. Off-site temporary signs, in any district.
(12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01; Ord. 10-18(4), 5-5-10; Ord. 12-18(7), 12-5-12, effective 4-1-
13)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
23
ATTACHMENT 6
Employer Contribution Rates for Counties, Cities,
Towns, School Divisions and Other Political Subdivisions
(In accordanc e wit h the 2014 Appropriation Act Item 468(H))
Resolution
BE IT RESOLVED, that Albemarle County 55101 does hereby acknowledge that its contribution rates
effective July 1, 2014 shall be based on the higher of a) the contribution rate in effect for FY 2014, or b) eighty
percent of the results of the June 30, 2013 actuarial valuation of assets and liabilities as approved by the Virginia
Retirement System Board of Trustees for the 2014-16 biennium (the “Alternate Rate”) provided that, at its option,
the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement
System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2013 actuarial
value of assets and liabilities (the “Certified Rate”); and
BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement
System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2014:
(Check only one box)
X The Certified Rate of 13.49% □ The Alternate Rate of 10.79%; and
BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement
System Board of Trustees that it has reviewed and understands the information provided by the Virginia
Retirement System outlining the potential future fiscal implications of any election made under the provisions of
this resolution; and
NOW, THEREFORE, the officers of Albemarle County 55101 are hereby authorized and directed in the
name of Albemarle County to carry out the provisions of this resolution, and said of ficers of Albemarle County
are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be
paid by Albemarle County for this purpose.
24
ATTACHMENT 7
Local Governing Body Concurrence with School Division
Electing to Pay the VRS Board-Certified Rate
(In accordanc e with the 2014 Appropriation Act Item 468(H))
Resolution
BE IT RESOLVED, that Albemarle County 55101 does hereby acknowledge that Albemarle County
Schools has made the election for its contribution rate to be based on the employer contribution rates certified by
the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the
June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”); a nd
BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement
System Board of Trustees that it concurs with the election of Albemarle County Schools to pay the Certified
Rate, as required by Item 468(H) of the 2014 Appropriation Act; and
NOW, THEREFORE, the officers of Albemarle County 55101 are hereby authorized and directed in the
name of Albemarle County to execute any required contract to carry out the provisions of this resolution. In
execution of any such contract which may be required, the seal of Albemarle County, as appropriate, shall be
affixed and attested by the Clerk.
25
ATTACHMENT 8
ORDINANCE NO. 14-2(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF
SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2,
Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby
amended and reordained by amending Section 2-202, Compensation of Board of Supervisors, as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE II. BOARD OF SUPERVISORS
Sec. 2-202 Compensation of board of supervisors.
The salary of the board of supervisors shall be fifteen thousand two hundred eighty-two dollars
($15,282.00) for each board member effective July 1, 2014. In addition to the regular salary, the vice -chairman
shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall
receive an annual stipend of one thousand eight hundred dollars ($1,800.00).
(6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92;
Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98-A(1), 8-5-98; Ord. No. 99-2(1),
5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02; Ord. 03-2(1), 6-4-03; Ord. 04-2(1),
6-2-04; Ord. 05-2(1), 6-1-05, Ord. 06-2(1), 6-7-06; Ord. 07-2(1), 6-6-07; Ord. 08-2(2), 6-4-08; Ord. 11-2(1), 5-4-
11; Ord. 12-2(1), 5-2-12; Ord. 13-2(1), 5-1-13)
State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3.
This ordinance shall be effective on and after July 1, 2014.
26
ATTACHMENT 9
ORDINANCE NO. 14-4(1)
AN ORDINANCE TO AMEND CHAPTER 4, ANIMALS AND FOWL, ARTICLE 1, IN GENERAL, ARTICLE II,
DOGS, DIVISION 1, IN GENERAL, DIVISION 2, LICENSES, ARTICLE III, IMPOUDNMENT, AND ARTICLE IV,
RABIES CONTROL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and
Fowl, Article I, In General, Article II, Dogs, Division I, In General, Division 2, Licenses, Article III, Impoundment,
and Article IV, Rabies control, is hereby amended and reordained as follows:
By Amending:
Sec. 4-100 Definitions
Sec. 4-105 Care of companion animals; penalty
Sec. 4-106 Noise from animals; penalty
Sec. 4-107 Abandonment of animal; penalty
Sec. 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally
Sec. 4-202 Compensation for livestock and poultry killed by dogs
Sec. 4-209 Amount of license tax
Sec. 4-302 Dogs killing, injuring or chasing livestock or poultry—Impoundment and
disposition
Sec. 4-303 Disposition of unlicensed dogs; running at large
Sec. 4-401 Rabid animals
Sec. 4-403 Inoculation for rabies at animal shelters
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
4-100 Definitions
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without
having secured another owner or custodian for the animal or by failing to provide the elements of basic care as
set forth in Virginia Code § 3.2-6503 for a period of five (5) consecutive days.
(2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good
animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and
type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
(3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the animal
to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the
animal.
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of
sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is
prepared so as to permit ease of consumption for the age, species, condition, siz e and type of each animal; is
provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests;
and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily,
except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting
normal for the species.
(5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is
suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal;
is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or
27
cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal
to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface,
resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner
and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i)
permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii ) otherwise do not
protect the animals' feet or toes from injury are not adequate shelter. In addition, the following are also deemed
to be inadequate shelters: (i) metal or plastic barrels, (ii) airline crates or carrying crates, (iii) dog houses with no
floors.
(6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i)
easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for
the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate
space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is
attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from
injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending
over an object or edge that could result in the strangulation or injury of the animal; and is at least five times the
length of the animal, as measured from the tip of its nose to the base of its tail, and terminates at both ends with
a swivel, and weights no more than 1/8 of the animal’s weight, and if multiple animals, each animal shall be on
its own tether, except when the animal is being walked on a leash or is attached by a tether to a lead line. When
freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the
animal according to professionally accepted standards for the species is considered provision of adequate
space. When an animal is on a pulley or running line, “adequate space” means a pulley or running line that
permits the above actions and is appropriate to the age and size of the animal ; is attached to the animal by a
properly applied collar and is at least fifteen feet in length and less than seven feet above the ground and
configured so as to protect the animal from injury, and prevent the line from becoming entangled with other
objects or animals or resulting in strangulation or injury of the animal, and if multiple animals, each animal shall
be on its own tether.
(7) Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable
water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable
intervals, but at least once every twelve (12) hours, to maintain normal hydration for the age, species, condition,
size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states
of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are
accessible to each animal and are placed so as to minimize contamination of the wat er by excrement and pests
or an alternative source of hydration consistent with generally accepted husbandry practices.
(8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat, or any other
companion animal, from a releasing agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the
animal.
(11) Animal. The term "animal" means any nonhuman vertebrate species except fish. For the purposes
of Article IV, Rabies Control, animal shall mean any species susceptible to rabies. For the purposes of section
4-109, animal shall mean any nonhuman vertebrate species including fish captured and killed or disposed of in a
reasonable customary manner.
(12) Animal control officer. The term "animal control officer" means any person employed, contracted, or
appointed by the Commonwealth or any political subdivision for the purpose o f aiding in the enforcement of any
other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure
and impoundment of companion animals and includes any state or county police officer, animal control offic er,
sheriff or other employee whose duties in whole or in part include assignments which involve seizure or taking
into custody of any dog or other animal.
28
(13) Boarding establishment. The term "boarding establishment" means a place or establishment other
than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed,
and watered in exchange for a fee.
(14) Clearly visible sign. The term “clearly visible sign” means a sign that is (i) unobstructed from view,
(ii) contains legible writing, and (iii) may be read by any person without assistance while standing ten feet away
from the sign.
(15) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the animal,
attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(16) Commercial dog breeder. The term “commercial dog breeder” means any person who, during any
twelve (12) month period, maintains thirty (30) or more adult female dogs for the primary purpose of the sale of
their offspring as companion animals.
(17) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or
feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human fo od or fiber, exotic or native
animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a
person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game
species, or any animals regulated under federal law as research animals shall not be considered companion
animals for the purposes of this chapter.
(18) Emergency veterinary treatment. The term “emergency veterinary treatment” means veterinary
treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or
prevent further disease progression.
(19) Enclosure. The term "enclosure" means a structure used to house or restrict animals from running
at large.
(20) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by a
method that involves instantaneous unconsciousness and immediate death or by a method that involves
anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of
consciousness.
(21) Foster care provider. The term “foster care provider” means a person who provides care or
rehabilitation for companion animals through an affiliation with a public or private anim al shelter, home-based
rescue, releasing agency, or other animal welfare organization.
(22) Hearing dog. The term “hearing dog” means a dog trained to alert its owner by touch to sounds of
danger and sounds to which the owner should respond.
(23) Injury to a person. The term “injury to a person” means any superficial cut, scratch, scrape, or
minor tear to the skin, or any bruise to bone or skin area resulting from an unfriendly encounter. An injury shall
be presumed to have occurred when a dog knocks a person to the ground or tears that person's clothing or any
possession on his or her person.
(24) Kennel. The term “kennel” means any establishment in which five (5) or more canines, felines, or
hybrids of either are kept for the purposes of breeding, hunting, training, renting, buying, boarding, selling, or
showing.
(25) Leash. The term “leash” means any rope, strap, chain, or other material not exceeding four (4) feet
in length, being held in the hand of a person capable of controlling th e dog to which it is attached.
(26) Livestock. The term "livestock" includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama;
ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code § 3.2 -2600; enclosed domesticated
rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber,
except companion animals.
29
(27) Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii) keeps
or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(28) Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(29) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity.
(30) Primary enclosure. The term "primary enclosure" means any structure used to immediately restrict
an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For
tethered animals, the term includes the shelter and the area within reach of the tether.
(31) Private animal shelter. The term “private animal shelter” means a facility that is used to house or
contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity,
including a human society, animal welfare organization, society for the prevention of cruelty to animals, or any
other organization operating for the purpose of finding permanent adoptive homes for animals.
(32) Properly cleaned. The term “properly cleaned” means that carcass, debris, food waste a nd
excrement are removed from the primary enclosure with sufficient frequency to minimize the animals’ contact
with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize
odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined
therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to
hazardous chemicals or disinfectants.
(33) Public animal shelter. The term “public animal shelter” means a facility operated by the
Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned,
unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality.
(34) Releasing agency. The term “releasing agency” means (i) a public animal shelter or (ii) a private
animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or
other similar entity or home-based rescue that releases companion animals for adoption.
(35) Serious injury to a person. The term “serious injury to a person” means any bodily injury for which
medical attention was sought and obtained, having a reasonable potential to cause death, or any injury other
than a strain or sprain which involves a serious laceration requiring stitches to more than one puncture wound,
serious disfigurement, serious impairment of health, or serious impairment of bodily funct ion, or which is serious
in the opinion of a licensed physician.
(36) Service dog. The term “service dog” means a dog trained to do work or perform tasks for the
benefit of a mobility-impaired or otherwise disabled person. The work or tasks performe d by a service dog shall
be directly related to the individual’s disability or disorder. Examples of work or tasks include providing
nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an
individual to the presence of allergens, retrieving items, carrying items, providing physical support and
assistance with balance and stability, and preventing or interrupting impulsive or destructive behaviors. The
provision of emotional support, well-being, comfort, or companionship shall not constitute work or tasks for the
purpose of this definition.
(37) Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
(38) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for
the age, species, condition, size and type of the animal. When any such animal is being transported in an open -
bed truck or similar vehicle, such carrier shall be secured to the vehicle so as to be immovable, and shall permit
normal postural movements of the animal. The following shall not be deemed “adequate treatment”: (i) tethering
of a dog six months old or younger; (ii) the tying up or tethering of a female dog in heat; (iii) transporting an
animal in the back of an open-bed truck or similar vehicle in an unsecured carrier and/or tethered to a collar.
30
(39) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a duly
licensed veterinarian.
(Code 1967, § 4-4; 4-13-88; Code 1988, § 4-4; Ord. 98-A(1), 8-5-98; Ord. 09-4(1), 7-8-09; Ord. 11-4(1), 2-2-11;
Ord. 13-4(1), 7-3-13)
State law reference—Va. Code §§ 3.2-6500, 6528.
4-105 Care of companion animals; penalty
A. Each owner shall provide the following for his companion animal:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is properly cleaned;
4. Adequate space in the primary enclosure for the particular type of animal depending
upon its age, size, species, and weight;
5. Adequate exercise;
6. Adequate care, treatment, and transportation; and
7. Veterinary care when needed or to prevent suffering or disease transmission.
The provisions of this section shall also apply to every public or private animal shelter, or other releasing agency,
and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This
section shall not require that animals used as food for other animals be euthanized.
B. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdiv ision A1,
A2, A3, or A7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A4, A5, or A6 is a
Class 3 misdemeanor.
(Ord. 09-4(1), 7-8-09; Ord. 10-4(1), 9-1-10)
State law reference—Va. Code § 3.2-6503.
4-106 Noise from animals; penalty.
A. Noise from animals. It shall be unlawful and shall be a nuisance for an owner or custodian of an
animal to harbor or keep any animal within the county which frequently or for a continued duration howls, barks
or makes other excessive, continuous or untimely sounds which are audible on the property of a complainant in
the county; provided however, this section shall not apply to any animal located on property zoned Rural Areas
District of five (5) acres or more, to any animal in a public or private animal shelter or commercial kennel as
defined in chapter 18 of the zoning ordinance, or to sounds caused by livestock or poultry. For the purposes of
this section, “excessive, continuous or untimely sounds” shall mean any howling, barking or oth er animal noise
which continues for thirty (30) consecutive minutes or more with no cessation of such sounds for time periods
greater than five (5) minutes during the thirty (30) consecutive minutes.
B. Complaints of animal noise. Notwithstanding section 4-101 of this Code, no person shall be
charged with a violation of this section unless the complainant appears before a magistrate and requests a
summons to be issued. However, when a violation is committed in the presence of an animal control officer or
police officer, he shall have the authority to initiate all necessary proceedings.
C. Penalty for violation. A violation of this section shall be punishable as a class 3 misdemeanor,
and any owner or custodian of an animal found guilty under this sec tion shall be required to abate the
disturbance. Upon a third conviction within twelve (12) months of any offense under this section involving the
same animal, in addition to imposing a fine, the court shall order the animal to be removed from any area of the
county covered by this section. If the owner or custodian of the animal fails to comply with such order within two
(2) weeks, the animal control officer shall seize the animal and offer the animal to a public or private animal
shelter for adoption in a home outside of the area of the county covered by this section.
31
(Ord. 08-4(1), 6-11-08, § 4-601, § 4-602, §4-603; Ord. 09-4(1), 7-8-09)
4-107 Abandonment of animal; penalty.
No person shall abandon or dump any animal. Violation of this section s hall be punishable as a class 3
misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a
public or private animal shelter, or other releasing agency.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6504.
ARTICLE II. DOGS
DIVISION 1. IN GENERAL
Sec. 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally.
A. It shall be the duty of any animal control officer who may find a dog in the act of killing or injuring
livestock or poultry to seize or kill such dog forthwith, whether such dog bears a tag or not. Any person finding a
dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as
shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the
circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the
animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any
dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt
powers, may compel the owner, custodian, or harborer of the dog to produce the dog.
(Code 1967, § 4-9; 4-13-88; Code 1988, § 4-9; Ord. 98-A(1), 8-5-98, § 4-203; Ord. 09-4(1), 7-8-09)
State law reference--Va. Code § 3.2-6552.
Sec. 4-202 Compensation for livestock and poultry killed by dogs.
Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to
receive as compensation the fair market value of such livestock or poultry not to exceed seven hundred and fifty
dollars ($750) per animal or ten dollars ($10.00) per fowl if: (i) th e claimant has furnished evidence within sixty
(60) days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant
believes that death or injury was caused by a dog; (ii) the animal control officer or other office r shall have been
notified of the incident within seventy-two (72) hours of its discovery; and (iii) the claimant first has exhausted his
legal remedies against the owner, if known, of the dog doing the damage for which compensation under this
section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has
been returned unsatisfied.
Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6553.
DIVISION 2. LICENSES
4-209 Amount of license tax.
A. Dog license taxes shall be as follows:
1. Spayed Female/Neutered Male.
One year tag: Five dollars ($5.00)
32
Two year tag: Ten dollars ($10.00)
Three year tag: Fifteen dollars ($15.00)
2. Unspayed Female/Unneutered Male.
One year tag: Ten dollars ($10.00)
Two year tag: Twenty dollars ($20.00)
Three year tag: Thirty dollars ($30.00)
3. Kennel license. Fifty dollars ($50.00) per block of ten dogs
B. No license tax shall be levied on any dog that is trained and serves as a gu ide dog for a blind
person or that is trained and serves as a hearing dog for a deaf or hearing impaired person , or any dog that is
trained and serves as a service dog for a mobility-impaired or otherwise disabled person.
(Code 1967, § 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, § 4-23; Ord. 98-A(1), 8-5-98, § 4-303;
Ord. 08-4(2), 9-3-08, § 4-304; Ord. 09-4(1), 7-8-09)
State law reference-- Va. Code § 3.2-6528.
ARTICLE III. IMPOUNDMENT
4-302 Dogs killing, injuring or chasing livestock or poultry--Impoundment and disposition.
In the event any animal control officer or other person has reason to believe that any dog is killing
livestock or committing any of the depredations mentioned in section 4-201, and a warrant or summons is issued
by a magistrate of the county, as set out in section 4 -201, the alleged killer dog may be seized or impounded by
the animal control officer until such time as the owner or custodian thereof shall provide evidence of the
adequate provisions to be made to protect livestock or poultry from such dog, which provisions may include, but
not be limited to, securing of such dog on the premises of the owner or custodian, with defined limitations of
access. Any dog released under such conditions shall be kept under such securing provisions, and any person
failing to keep such dog so secured shall be deemed in violation of this section. The owner or custodian
redeeming such dog from impoundment as provided above shall also furnish the license(s) and pay the fee(s) as
provided by sections 4-205 and 4-208, respectively. If the court finds such dog is not a livestock killer or has not
committed any of the depredations mentioned in section 4-201, any dog not re-deemed within ten (10) days of
disposition of the original charge by the court shall be dealt with by the animal control officer in the same manner
as provided for the disposition of unlicensed dogs in section 4-303.
(5-2-79; 4-13-88; Code 1988, § 4-9.1; Ord. 98-A(1), 8-5-98, § 4-204; Ord. 09-4(1), 7-8-09)
4-303 Disposition of unlicensed dogs; running at large.
A. The animal control officer shall have the authority to capture, euthanize or turn over to a public
or private animal shelter any dog of unknown ownership found running at large on which the license tax has not
been paid.
B. Any dog captured and confined pursuant to this section, shall be kept for a period of not less
than five (5) days, such period to commence on the day immediately following the day the animal is initially
confined in a public or private animal shelter or facility, unless sooner claimed by the rightful owner thereof. The
animal control officer and/or the operator of the public or private animal shelter shall make a reasonabl e effort to
ascertain whether the dog has a collar, tag, license, tattoo, or other form of identification. If such identification is
found on the dog, the dog shall be held for an additional five (5) days, unless sooner claimed by the rightful
owner. If the rightful owner of the animal can be readily identified, the animal control officer and/or the public or
private animal shelter shall make a reasonable effort to notify the owner of the dog’s confinement within the next
forty-eight (48) hours following its confinement.
If any dog confined pursuant to this section is claimed by its rightful owner, such owner may be charged
with the actual expenses incurred in keeping the animal impounded.
33
If the dog confined pursuant to this section has not been clai med upon expiration of the appropriate
holding period as set-forth above, it shall be deemed abandoned and become the property of the county or the
public or private animal shelter.
Following the appropriate holding period set forth above, the animal control officer or other officer may
deliver such dog to any person in the county who will pay the required license fee on such dog, with the
understanding that should the legal owner thereafter claim the dog and prove his ownership, he may recover
such dog by paying to the person to whom it was delivered by the animal control officer the amount of the license
fee paid by him and a reasonable charge for the keep of the dog while in his possession.
Any person, animal control officer or other officer euthanizing a dog under this chapter shall cremate,
bury or sanitarily dispose of the same. Prior to disposition by euthanasia or otherwise, all the provisions of
Virginia Code § 3.2-6563 shall have been complied with.
C. All drugs and drug administering equipment used by animal control officers or other officers to
capture dogs pursuant to this section shall have been approved by the state veterinarian.
(Code 1967, § 4-10; 8-11-76; 4-13-88; Code 1988, § 4-10; Ord. 98-A(1), 8-5-98, § 4-205; Ord. 09-4(1), 7-8-09)
State law reference - Va. Code §§ 3.2-6546 (c); 3.2-6562.
ARTICLE IV. RABIES CONTROL
4-401 Rabid animals.
Any dogs or cats showing active signs of rabies or suspected of having rabies that is not known to have
exposed a person, companion animal, or livestock to rabies shall be confined under competent observation for
such a time as may be necessary to determine a diagnosis. If, in the discretion of the director of the
Charlottesville/Albemarle Health Department, confinement is imposs ible or impracticable, such dog or cat shall
be euthanized by one of the methods approved by the state veterinarian as provided in Virginia Code § 3.2-
6546. The disposition of other animals showing active signs of rabies shall be determined by the directo r of the
Charlottesville/Albemarle Health Department and may include euthanasia and testing.
Every person having knowledge of the existence of an animal that is suspected to be rabid and that may
have exposed a person, companion animal, or livestock to rabies shall report immediately to the
Charlottesville/Albemarle Health Department the existence of such animal, the place where seen, the owner’s
name, if known, and the signs suggesting rabies.
Any dog or cat, for which no proof of current rabies vaccin ation is available, and that may have been
exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or
mucous membrane, by an animal suspected to be rabid, shall be isolated in a public or private animal s helter,
kennel or enclosure approved by the Charlottesville/Albemarle Health Department for a period not to exceed six
(6) months at the expense of the owner or custodian in a manner and by a date certain as determined by the
director of the Charlottesville/Albemarle Health Department. A rabies vaccination shall be administered by a
licensed veterinarian prior to release. Inactivated rabies vaccine may be administered at the beginning of
isolation. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a
fresh open wound or mucous membrane with proof of current vaccination, shall be revaccinated by a licensed
veterinarian immediately following the exposure and shall be confined to the premises of the owner or cu stodian,
or other site as may be approved by the Charlottesville/Albemarle Health Department, at the expense of the
owner or custodian, for a period of forty-five (45) days. If the director of the Charlottesville/Albemarle Health
Department determines that isolation is not feasible or maintained, such dog or shall be euthanized by one of the
methods approved by the State Veterinarian as provided in Virginia Code § 3.2-6546. The disposition of such
dogs or cats not so confined shall be at the discretion of the director of the Charlottesville/Albemarle Health
Department.
At the discretion of the director of the Charlottesville/Albemarle Health Department, any animal that may
have exposed a person shall be confined under competent observation for ten (10) d ays at the expense of the
34
owner or custodian, unless the animal develops active signs of rabies, expires, or is euthanized before that time.
A seriously injured or sick animal may be euthanized as provided in Virginia Code § 3.2-6546.
When any suspected rabid animal, other than a dog or cat, exposes or may have exposed a person to
rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous
membrane, decisions regarding the disposition of that animal shall be at the discretion of the director of the
Charlottesville/Albemarle Health Department and may include euthanasia as provided in Virginia Code § 3.2 -
6546, or as directed by the state agency with jurisdiction over that species. When any animal, other than a dog
or cat, is exposed or may have been exposed to rabies through a bite, or through saliva or central nervous
system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, decisions
regarding the disposition of that newly exposed animal shall be at the discretion of the director of the
Charlottesville/Albemarle Health Department.
When any animal may have exposed a person to rabies and subsequently expires due to illness or
euthanasia, either within an observation period, where applicable, or as part of a public health investigation, its
head or brain shall be sent to the Division of Consolidated Laboratory Services of the Department of General
Services or be tested as directed by the Charlottesville/Albemarle Health Departm ent.
Any person who fails to comply with the provisions of this section shall be guilty of a class 1
misdemeanor.
(Code 1967, § 4-37; Code 1988, § 4-40; Ord. 98-A(1), 8-5-98, § 4-502; Code 1967, § 4-38; Code 1988, § 4-41;
Ord. 98-A(1), 8-5-98, § 4-503; Ord. 09-4(1), 7-8-09; Ord. 10-4(1), 9-1-10)
State law reference—Va. Code § 3.2-6522.
4-403 Inoculation for rabies at animal shelters.
Dogs and cats being adopted from a public or private animal shelter during the period an emergency
ordinance is in force, as provided in section 4-401 may be inoculated for rabies by a certified animal technician at
such shelter if the certified animal technician is under the immediate and direct supervision of a licensed
veterinarian.
(Ord. 09-4(1), 7-8-09)
State law reference—Va. Code §3.2-6523.
This ordinance shall be effective on and after July 1, 2014.
35
ATTACHMENT 10
ORDINANCE NO. 14-15(1)
AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE XVI, PROPERTY EXEMPT FROM
TAXATION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation,
Article XVI, Property Exempt From Taxation, is hereby amended and reordained as follows:
By Amending:
Sec. 15-1601 Property exempt from taxation by classification
CHAPTER 15. TAXATION
ARTICLE XVI. PROPERTY EXEMPT FROM TAXATION
A. Pursuant to the authority granted in Article X, Section 6 (a) (6) of the Constitution of Virginia to
exempt property from taxation by classification, the following classes of real and personal property shall be
exempt from taxation:
1. Property owned directly or indirectly by the Commonwealth, or any political subdivision
thereof.
2. Real property and personal property owned by churches or relig ious bodies, including (i)
an incorporated church or religious body and (ii) a corporation mentioned in Virginia Code
§ 57-16.1, and exclusively occupied or used for religious worship or for the residence of the minister of any
church or religious body, a nd such additional adjacent land reasonably necessary for the convenient use of any
such property. Real property exclusively used for religious worship shall also include the following: (a) property
used for outdoor worship activities; (b) property used for ancillary and accessory purposes as allowed under
Chapter 18 herein, the dominant purpose of which is to support or augment the principal religious worship use;
and (c) property used as required by federal, state, or local law.
3. Nonprofit private or public burying grounds or cemeteries.
4. Property owned by public libraries, law libraries of local bar associations when the same
are used or available for use by a state court or courts or the judge or judges thereof, medical libraries of local
medical associations when the same are used or available for use by state health officials, incorporated colleges
or other institutions of learning not conducted for profit. This paragraph shall apply only to property primarily used
for literary, scientific or educational purposes or purposes incidental thereto and shall not apply to industrial
schools which sell their products to other than their own employees or students.
5. Property belonging to and actually and exclusively occupied and used by the Young
Men's Christian Associations and similar religious associations, including religious mission boards and
associations, orphan or other asylums, reformatories and nunneries, conducted not for profit but exclusively as
charities.
6. Parks or playgrounds held by trustees for the perpetual use of the general public.
7. Buildings with the land they actually occupy, and the furniture and furnishings therein
belonging to any benevolent or charitable organization and used by it exclusively for lodge purposes or meetin g
rooms, together with such additional adjacent land as may be necessary for the convenient use of the buildings
for such purposes.
8. Property of any nonprofit corporation organized to establish and maintain a museum.
36
9. Property owned by hospitals conducted not for profit but exclusively as charities (which
shall include hospitals operated by nonstock corporations not organized or conducted for profit but which may
charge persons able to pay in whole or in part for their care and treatment), provided such property is either
occupied or used (i) as a general licensed inpatient hospital or (ii) as a licensed outpatient hospital immediately
adjacent to a general licensed inpatient hospital that has qualified for tax exemption pursuant to this section.
Any portion of the property owned by such hospital that is either leased to a third -party or not used for hospital
purposes shall not be exempt from taxation under this subsection.
B. The real and personal property of an organization classified in Virginia Code §§ 58.1-3610
through 58.1-3622 and used by such organization for a religious, charitable, pat riotic, historical, benevolent,
cultural, or public park and playground purpose as set forth in Article X, Section 6 (a) (6) of the Constitution of
Virginia, the particular purpose for which such organization is classified being specifically set forth with in each
section, shall be exempt from taxation, so long as such organization is operated not for profit and the property so
exempt is used in accordance with the purpose for which the organization is classified.
C. Property which was exempt from taxation on December 31, 2002, shall continue to be exempt
from taxation under the rules of statutory construction applicable to exempt property at the time such property
became entitled to exemption.
D. Exemptions of property from taxation granted under this section on or after January 1, 2003 shall
be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia.
(Ord. 04-15(1), 9-1-04, effective retroactive to January 1, 2003; Ord. 06-15(2), adopted 11-1-06, effective 1-1-07)
State law reference—Va. Code § 58.1-3606.
This ordinance shall be effective on and after July 1, 2014.
37
ATTACHMENT 11
ANNUAL RESOLUTION OF APPROPRIATIONS
OF THE COUNTY OF ALBEMARLE
FOR THE FISCAL YEAR ENDING JUNE 30, 2015
A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY
OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2015; to prescribe the provisions with
respect to the items of appropriation and their payment; and to repeal all previous appropriation
ordinances or resolutions that are inconsistent with this resolution to the extent of such inconsistency.
BE IT RESOLVED by the Albemarle County Board of Supervisors:
SECTION I - GENERAL GOVERNMENT (Fund 1000)
That the following sums of money be and the same hereby are appropriated from the GENERAL FUND to
be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2015:
Paragraph One: GENERAL MANAGEMENT AND SUPPORT
Board of Supervisors $645,873
County Executive $1,143,506
Human Resources $638,297
County Attorney $1,032,166
Finance Department $4,970,735
Management and Budget $351,043
Information Technology $2,770,869
Voter Registration/ Elections $577,014
$12,129,503
Paragraph Two: JUDICIAL
Circuit Court $100,664
General District Court $40,501
Magistrate $4,550
Juvenile Court $117,359
Public Defender's Office Contingency $74,049
Clerk of the Circuit Court $835,915
Sheriff's Office $2,256,532
Commonwealth's Attorney $1,061,028
$4,490,598
Paragraph Three: PUBLIC SAFETY
Police Department $16,063,943
Fire/Rescue Department $10,070,966
Volunteer Fire/Rescue $2,193,187
Thomas Jefferson EMS $19,257
Fire/Rescue Tax Credit $70,000
City Fire Contract $186,715
Inspections and Building Codes $1,303,995
Forest Fire Extinction $23,929
Emergency Communications Center $2,167,176
Albemarle Charlottesville Regional Jail $3,216,696
Community Attention Home $60,149
Juvenile Detention Center $840,216
Foothills Child Advocacy Center $30,385
Offender Aid and Restoration $157,042
SPCA Shelter Contribution $549,446
Virginia Juvenile Community Crime Control $52,231
$37,005,333
Paragraph Four: GENERAL SERVICES / PUBLIC WORKS
38
Facilities Development Department $198,465
General Services $3,838,874
Rivanna Solid Waste Authority $450,000
$4,487,339
Paragraph Five: HUMAN SERVICES
Department of Social Services $11,579,069
Bright Stars Transfer $799,787
Comprehensive Services Act Transfer $2,730,527
Tax Relief for Elderly/Disabled $965,000
Health Department $640,217
Region Ten $704,083
Agency Budget Review Team (ABRT) $14,207
AIDS/HIV Services Group $3,600
Boys & Girls Club $20,000
Charlottesville Free Clinic $116,390
Children, Youth & Family Services $74,490
Computers 4 Kids $13,379
Jefferson Area Board for Aging (JABA) $307,678
Jefferson Area CHIP $301,500
Jefferson Area United Transit Network $1,151,711
Legal Aid Justice Center $38,700
Madison House $9,900
Piedmont CASA $9,270
Piedmont Workforce Network $13,805
Sexual Assault Resource Agency (SARA) $20,000
Shelter for Help in Emergency (SHE) $85,514
Thomas Jefferson Area Coalition for the Homeless (TJACH) $15,500
United Way $117,100
$19,731,427
Paragraph Six: EDUCATION
Piedmont Virginia Community College $24,024
Paragraph Seven: PARKS, RECREATION AND CULTURE
Department of Parks & Recreation $2,527,114
Jefferson-Madison Regional Library - Regional $918,409
Jefferson-Madison Regional Library - Charlottesville-Albemarle $2,152,219
Jefferson-Madison Regional Library - Crozet Library $383,173
Jefferson-Madison Regional Library - Scottsville Library $153,895
Jefferson-Madison Regional Library - Extension Services $217,193
African American Festival $2,700
Ashlawn Highland Festival $3,800
Literacy Volunteers $25,287
Municipal Band $5,000
Piedmont Council of the Arts $10,000
Virginia Festival of the Book $10,000
Virginia Film Festival $10,000
Visitor's Bureau $725,098
$7,143,888
Paragraph Eight: COMMUNITY DEVELOPMENT
Department of Community Development $4,273,714
Housing Office $478,536
VPI Extension Service $183,346
Soil & Water Conservation $103,910
Office of Economic Development $262,089
Albemarle Housing Improvement Program (AHIP) $400,000
Charlottesville Area Transit $868,988
Central Virginia Small Business Development Center (CVSBDC) $10,000
39
Monticello Area Community Action Agency (MACAA) $63,200
MACAA CARES Program Contingency $18,650
Piedmont Housing Alliance $34,500
Planning District Commission $124,024
Streamwatch $10,380
$6,831,337
Paragraph Nine: REVENUE SHARING AGREEMENT
Revenue Sharing Agreement $16,466,981
Paragraph Ten: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS:
Refunds and Abatements $163,500
Paragraph Eleven: OTHER USES OF FUNDS
Transfer to School Fund - Recurring $109,807,126
Transfer to School Division Debt Service $12,553,845
Transfer to School Division Capital Projects $1,680,497
Transfer to General Government Debt Service $5,954,373
Transfer to Water Resources Fund $1,093,594
Disability Reserve $50,000
Economic Development Fund $250,000
Grants Leveraging Fund $100,000
Innovation Fund $50,000
Fellowship Fund $150,000
Fuel Contingency $105,750
Training Pool $50,000
Reserve for Contingencies $414,371
Salary Reserve - Reclassifications $120,000
VERIP Program $625,964
$1,866,085
Total GENERAL FUND appropriations for the fiscal year ending June 30, 2015: $241,479,450
To be provided as follows:
Revenue from Local Sources $209,748,429
Revenue from the Commonwealth $23,300,611
Revenue from the Federal Government $4,747,448
Transfers In from Other Funds $2,485,553
Use of Fund Balance $1,197,409
Total GENERAL FUND resources available for fiscal year ending June 30, 2015: $241,479,450
SECTION II: REGULAR SCHOOL FUND (Fund 2000)
That the following sums of money be and the same hereby are appropriated for SCHOOL purposes
herein specified to be apportioned as follows for the fiscal year ending June 30, 2015:
Paragraph One: REGULAR SCHOOL FUND
Instruction $122,370,231
Administration, Attendance, and Health $7,060,728
Pupil Transportation $9,638,750
Operation and Maintenance $15,194,598
School Food Services and Other Non-Instructional Services $0
Facilities $160,000
Debt Service and Fund Transfers $3,312,843
Technology $2,700,160
Contingency/Reserve $0
Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2015: $160,437,310
40
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $109,807,126
Revenue from Other Local Sources $2,110,107
Revenue from the Commonwealth $44,429,342
Revenue from the Federal Government $3,004,498
Transfers $875,000
Use of Fund Balance $211,237
Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2015: $160,437,310
SECTION III: OTHER SCHOOL FUNDS
That the following sums of money be and the same hereby are appropriated for the purposes herein
specified to be apportioned as follows for the fiscal year ending June 30, 2015:
Paragraph One: OTHER SCHOOL FUNDS
Instruction $6,856,143
Administration, Attendance, and Health $0
Pupil Transportation $918,437
Operation and Maintenance $216,650
School Food Services and Other Non-Instructional Services $7,186,089
Facilities $0
Debt Service and Fund Transfers $875,000
Technology $0
Contingency/Reserve $0
Total OTHER SCHOOL FUND appropriations for fiscal year ending June 30, 2015: $16,052,319
To be provided as follows:
Revenue from Local Sources $8,477,053
Revenue from the Commonwealth $489,431
Revenue from the Federal Government $4,973,705
Transfers $1,800,053
Use of Fund Balance $312,077
Total OTHER SCHOOL FUND resources available for fiscal year ending June 30, 2015: $16,052,319
SECTION IV: OTHER GENERAL GOVERNMENT FUNDS
That the following sums of money be and the same hereby are appropriated for OTHER PROGRAM
purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015:
Paragraph One: OTHER GENERAL GOVERNMENT FUNDS
Commonwealth Attorney Commission Fund (Fund 8150) $60,000
Victim-Witness Program (Fund 1225) $121,604
Police Department State Asset Forfeiture Fund (Fund 1236) $971,167
FEMA-Safer Grant (Fund 1595) $507,079
Criminal Justice Grant Programs (Fund 1520) $758,815
Water Resources Fund $1,093,594
Facilities Development (Fund 1925) $973,090
Charlottesville/Albemarle Joint Health Center Fund (Fund 8550) $48,960
Courthouse Maintenance Fund (Fund 9150) $35,000
Old Crozet School Operations (Fund 8610) $82,337
Vehicle Replacement (Fund 9200) $1,041,859
Bright Stars Program (Fund 1553) $1,210,787
Comprehensive Services Act Program Expenditures (Fund 1551) $8,974,179
MJ Health Grant (Fund 1563) $5,000
Darden Towe Memorial Park (Fund 4200) $247,466
Tourism Enhancement (Fund 1810) $1,453,305
41
Proffer Funds (Funds 8537, 8540, 8547, 8549, and 8575) $493,832
Metropolitan Planning Organization Funding (Fund 1208) $9,902
Economic Development Authority (Fund 6850) $80,000
Housing Assistance Fund (Fund 1227) $3,025,000
Total OTHER GENERAL GOVERNMENT FUNDS appropriations for fiscal year ending
June 30, 2015:
$21,192,976
To be provided as follows:
Revenue from Local Sources $2,730,824
Revenue from the Commonwealth $5,988,314
Revenue from the Federal Government $3,582,254
Transfers In from Other Funds $7,208,216
Use of Fund Balance $1,683,368
Total OTHER SCHOOL FUND resources available for fiscal year ending June 30, 2015: $21,192,976
SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010)
That the following sums of money be and the same hereby are appropriated from the GENERAL
GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein
specified for the fiscal year ending June 30, 2015:
Paragraph One: COURTS
Court Facilities Addition/Renovation $2,462,683
Court Square Maintenance/Replacement $396,532
Old Jail Facility Maintenance $19,189
Sheriff's Office Maintenance/Replacement Projects $22,000
$2,900,404
Paragraph Two: PUBLIC SAFETY
ECC Integrated Public Safety Technology Project $6,203,791
Fire Rescue Apparatus Replacement-Program $2,871,258
Fire Rescue Mobile Data Computers Replacement $22,000
Seminole Trail VFD Renovation/Addition $25,760
WARS Bay Upgrade $20,000
Regional Public Safety Firearms Training Center Transfer $485,584
County 800Mhz Radio Replacements $533,230
Police Patrol Video Cameras $165,695
$10,327,318
Paragraph Three: PUBLIC WORKS
City/County Co-Owned Maintenance/Replacement $14,038
County Facilities Maintenance/Replacement $1,060,903
Ivy Landfill Remediation $523,000
Moores Creek Septage Receiving $109,441
$1,707,382
Paragraph Four: COMMUNITY/NEIGHBORHOOD DEVELOPMENT
Crozet Streetscape Phase II $29,785
Sidewalk Construction Program $65,205
Transportation Revenue Sharing Program $2,002,536
$2,097,526
Paragraph Five: HEALTH AND WELFARE
Health Department Maintenance/Replacement $49,604
$49,604
Paragraph Six: PARKS, RECREATION & CULTURE
42
City-County Owned Parks Maintenance/Replacement $62,576
Parks Maintenance/Replacement $587,230
$649,806
Paragraph Seven: LIBRARIES
City/County Branch Library Repair/Maintenance $254,114
County Library Facilities Repair/Maintenance $54,278
Rio Property-Library/Storage $32,200
$340,592
Paragraph Eight: TECHNOLOGY AND GIS
County Server/Infrastructure Upgrade $437,268
Increased Redundant Internet Services $28,000
PBX Replacement $500,000
$965,268
Paragraph Nine: ACQUISITION OF CONSERVATION EASEMENTS (ACE)
ACE Program $640,759
Paragraph Ten: OTHER USES OF FUNDS
Capital Program Reserve $111,298
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for
fiscal year ending June 30, 2015:
$19,789,957
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $111,298
Revenue from Local Sources (Other Transfers) $108,960
Revenue from Other Local Sources $957,659
Revenue from the Commonwealth $1,081,018
Borrowed Funds $12,186,427
Use of Fund Balance $5,344,595
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for
fiscal year ending June 30, 2015:
$19,789,957
SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000)
That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION
CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the
fiscal year ending June 30, 2015:
Paragraph One: EDUCATION (SCHOOL DIVISION)
Administrative Technology $261,000
Agnor Hurt Elementary Addition/Renovation $4,522,663
Contemporary Learning Spaces $270,608
Henley Middle School Auxiliary Gym Addition Only $2,247,366
Instructional Technology $575,000
School Bus Replacement $1,525,000
School Maintenance/Replacement $5,991,474
School Security Improvements $519,320
State Technology Grant $752,000
$16,664,431
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year
ending June 30, 2015:
$16,664,431
To be provided as follows:
43
Revenue from Local Sources (General Fund Transfer) $1,569,199
Revenue from Local Sources (Proffer Fund Transfer) $493,832
Revenue from Other Local Sources $62,000
Revenue from the Commonwealth $1,052,000
Borrowed Funds $13,245,582
Use of Fund Balance $241,818
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal
year ending June 30, 2015:
$16,664,431
SECTION VII: STORMWATER CAPITAL IMPROVEMENTS FUND (Fund 9100)
That the following sums of money be and the same hereby are appropriated from the STORM WATER
CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the
fiscal year ending June 30, 2015:
Paragraph One: STORMWATER PROJECTS
Church Road Basin $25,760
Hollymead Dam Spillway Improvement $100,000
Multi-Facility Maintenance $3,220
$128,980
Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year
ending June 30, 2015:
$128,980
To be provided as follows:
Revenue from Local Sources (Stormwater Fund Transfer) $48,980
Borrowed Funds $80,000
Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal
year ending June 30, 2015:
$128,980
SECTION VIII: REGIONAL PUBLIC SAFETY FIREARMS TRAINING CENTER FUND (Fund 9050)
That the following sums of money be and the same hereby are appropriated from the STORM WATER
CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the
fiscal year ending June 30, 2015:
Paragraph One: PUBLIC SAFETY FIREARMS TRAINING CENTER
Regional Firearms Range Facility $3,489,821
$3,489,821
Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year
ending June 30, 2015:
$3,489,821
To be provided as follows:
Revenue from Local Sources $1,744,910
Revenue from Local Sources (Transfers from Other Funds) $1,456,751
Borrowed Funds $288,160
Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal
year ending June 30, 2015:
$3,489,821
SECTION IX: DEBT SERVICE
That the following sums of money be and the same hereby are appropriated for the function of DEBT
SERVICE to be apportioned as follows from the GENERAL GOVERNMENT DEBT SERVICE FUND and the
SCHOOL DIVISION DEBT SERVICE FUND for the fiscal year ending June 30, 2015:
44
Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900)
Debt Service - School Division $12,816,005
Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30,
2015:
$12,816,005
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $12,553,845
Revenue from Other Local Sources $262,160
Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June
30, 2015:
$12,816,005
Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910)
Debt Service - General Government $5,954,373
Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending
June 30, 2015:
$5,954,373
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $5,954,373
Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year
ending June 30, 2015:
$5,954,373
GRAND TOTAL - DEBT SERVICE FUNDS $18,770,378
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I - VIII OF THIS RESOLUTION
FOR THE FISCAL YEAR ENDING June 30, 2015
RECAPITULATION:
Appropriations:
Section I General Fund $241,479,450
Section II School Fund $160,437,310
Section III Other School Funds $16,052,319
Section IV Other General Government Funds $21,192,976
Section V General Government Capital Improvements Fund $19,789,957
Section VI School Division Capital Improvements Fund $16,664,431
Section VII Storm Water Capital Improvements Fund $128,980
Section VIII Regional Public Safety Firearms Training Center Fund $3,489,821
Section IX Debt Service $18,770,378
$498,005,622
Less Inter-Fund Transfers ($146,015,652)
GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $351,989,970
SECTION X: EMERGENCY COMMUNICATIONS CENTER
That the following sums of money be and the same hereby are appropriated from the EMERGENCY
COMMUNICATIONS CENTER FUND for the purposes herein specified to be apportioned as follows for
the fiscal year ending June 30, 2015:
Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND
Emergency Communications Center $5,375,450
45
Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year
ending June 30, 2015:
$5,375,450
To be provided as follows:
Albemarle County $2,167,176
City of Charlottesville $1,697,772
University of Virginia $615,879
Revenue from Other Local Sources $320,434
Revenue from the Commonwealth $560,825
Revenue from the Federal Government $13,364
Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal
year ending June 30, 2015:
$5,375,450
BE IT RESOLVED THAT the County Executive is hereby authorized to administratively approve budget transfers
of unencumbered funds of up to $50,000.00 per fund in the fiscal year from one classification, department, or
project to another within the same general governmental fund.
BE IT FURTHER RESOLVED THAT the Director of Finance is hereby authorized to transfer monies from one
fund to another, from time to time as monies become available, sums equal to, but not in excess of, the
appropriations made to these funds for the period covered by this appropriation resolution.
SECTION XI
All of the monies appropriated as shown by the contained items in Sections I through IX are appropriated upon
the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those
set forth in this section. The Director of Finance (Betty Burrell) and Clerk to the Board of Supervisors (Ella W.
Jordan) are hereby designated as authorized signatories for all bank accounts.
Paragraph One
Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum,
conditional, and proportionate appropriations - the purpose being to make the appropriations payable in full in the
amount named herein if necessary and then only in the event the aggregate revenues collected and available
during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum
of all realized revenue of the respective funds is to the total amount of revenue estimated to be
available in the said fiscal year by the Board of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board of Supervisors included or not included in its
estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be
expended by the said agency under the control of the Board of Supervisors without the consent of the Board of
Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed
a specific item of an appropriation.
Paragraph Three
No obligations for goods, materials, supplies, equipment, or contractual services for any purpose may be
incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors
except by requisition to the purchasing agent; provided, however, no requisition for items exempted by th e
Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual
services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall
be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney, and
the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such
competitive bids on the basis of specifications furnished by the contracting department, bureau, agency, or
individual.
In the event of the failure for any reason of approval herein required for such contracts, said contract shall be
awarded through appropriate action of the Board of Supervisors.
46
Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County
Purchasing Manual shall not be considered obligations of the County, and the Director of Finance shall
not issue any warrants in payment of such obligations.
Paragraph Four
Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus,
or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on
account of the use of such officers and employees of their personal automobiles in the discharge of their official
duties shall be paid at the rate established by the County Executive for its employees and shall be subject to
change from time to time.
Paragraph Five
All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by
the Director of Finance.
Paragraph Six
All resolutions and parts of resolutions inconsistent wi th the provisions of this resolution shall be and the same
are hereby repealed.
Paragraph Seven
This resolution shall become effective on July first, two thousand and fourteen.
47
ATTACHMENT 12
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, the Albemarle County Board of Supervisors, Virginia (the “Borrower”) intends to acquire,
construct and equip the items and projects set forth in Exhibit A hereto (collectively, the “Project”); and
WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to
pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive
reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that:
1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other
debt to pay the costs of the Project in an amount not currently expected to exceed $29,630,686.
2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for
Expenditures with respect to the Project made on or after the date that is no more than 60 days pr ior to the date
of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures
with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a
type properly chargeable to a capital account under general federal income tax principles (determined in each
case as of the date of the Expenditure); (b) a cost of issuance with respect to the Bonds; (c) a nonrecurring item
that is not customarily payable from current revenues; or (d) a grant to a party that is not related to or an agent of
the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay
any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the
Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than
18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or
abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower
recognizes that exceptions are available for certain “preliminary expendit ures,” costs of issuance, certain de
minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of
expenditure) and expenditures for construction of at least five years.
5. The Borrower intends that the adoption of this Resolution confirms the “official intent” within the
meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as
amended.
6. This Resolution shall take effect immediately upon its passage.
48
Exhibit A
CAPITAL IMPROVEMENT PROGRAM
BOND FUNDED PROJECTS
FY 2014/15
Schools Amount
Agnor Hurt Elementary Addition/Renovation $ 4,138,901
Contemporary Learning Spaces 250,000
Henley Middle School Auxiliary Gym Addition 2,137,296
School Bus Replacement 1,225,000
School Maintenance/Replacement 5,026,997
School Security Improvements 467,388
Schools Subtotal $ 13,245,582
General Government Amount
County 800Mhz Radio Replacements $ 479,907
County Server Infrastructure Upgrade 393,541
County-Owned Facilities Maintenance/Replacement 573,673
Court Facilities Addition/Renovation 2,462,683
Hollymead Dam Spillway Improvement 80,000
ECC Integrated Public Safety Technology 5,287,491
Fire Rescue Apparatus Replacement-Program 2,539,132
Regional Firearms Training Center 288,160
PBX Replacement 450,000
General Government Subtotal $ 12,554,587
TOTAL DEBT ISSUE – FY 2014/15 PROJECTS $25,800,169
PREVIOUSLY APPROPRIATED PROJECTS TO BE BOND FUNDED
School Amount
Agnor Hurt Elementary Addition/Renovation $ 383,601
Murray High School Phases 1-2 Addition/Renovation 567,390
Telecommunications Network Upgrade 675,000
School Subtotal $ 1,625,991
General Government Amount
Fire Rescue Apparatus Replacement-Program $ 1,516,725
Regional Firearms Training Center 687,801
General Government Subtotal $ 2,204,526
TOTAL DEBT ISSUE – ALL PROJECTS $29,630,686
49
ATTACHMENT 13
RESOLUTION
WHEREAS, as of June 4, 2014 the Virginia General Assembly has not adopted the State budget; and
WHEREAS, funds from the State received by Albemarle County comprise a large portion of re venues
necessary for Albemarle County to deliver many of the public services mandated by the Commonwealth; and
WHEREAS, the delivery of mandated public services by Albemarle County depends upon a stable and
healthy partnership between state and local governments; and
WHEREAS, Virginia’s local governments are subject to strict, statutory deadlines for approving certain
components of their respective budgets; and
WHEREAS, local governments under Sections 15.2-2500 and 15.2-2503 of the Code of Virginia are
required to approve their respective budget and tax rates by July 1 of each year; and
WHEREAS, the County fulfilled its obligation to timely approve its FY 15 Budget, by approving its FY 15
Budget on May 7, 2014, and
WHEREAS, the County’s FY 15 Budget includes $76,340,716 in state revenues based on earlier
estimates received from the State to support essential public services such as Schools, Police, and Social
Services; and
WHEREAS, on May 23, 2014, the County received notice that the State is now anticipating a significant
revenue shortfall, which is anticipated to result in budget reductions that will affect every locality, further
complicating a locality’s ability to provide essential governmental services to its citizens.
WHEREAS, not later than July 1 of each year, all school divisions under Section 22.1 -304 of the Code of
Virginia, must notify teachers of reductions in force due to decreased funding; and
WHEREAS, failure to approve a State budget before July 1 would disrupt the ability of Virgi nia’s
businesses and public agencies, including the County of Albemarle, to operate effectively.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle Board of Supervisors that the Virginia
General Assembly and the Governor of Virginia are urged to reconcile their differences and agree on a FY 2015
and FY 2016 budget by June 30; and
BE IT FURTHER RESOLVED that the Albemarle County Board of Supervisors shall transmit copies of
this resolution to the Honorable Terry R. McAuliffe, Governor of Virginia, and to mem bers of the Virginia General
Assembly representing Albemarle County.
50
ATTACHMENT 14
RESOLUTION TO DISALLOW CLAIM
WHEREAS, Joseph Pace, by counsel, has asserted a claim against the County of Albemarle as set forth
in the letter dated April 10, 2014 from David W. Thomas to the Albemarle County Board of Supervisors for the
payment of retirement compensation which exceeds the amount authorized under the Voluntary Early
Retirement Incentive Program (“VERIP”); and
WHEREAS, the Board of Supervisors finds that Mr. Pace has been paid all benefits due to him under
VERIP; and
WHEREAS, the Board of Supervisors finds that the claim is not supported by the facts or by law.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia
disallows the claim of Joseph Pace for additional payment of VERIP retirement compensation.
51
ATTACHMENT 15
Commonwealth Transportation Board
P.O. Box 1475
Richmond, VA 23218
Dear Ladies and Gentlemen:
I am writing on behalf of the Albemarle County Board of Supervisors to express our endorsement of the Route
29 Conceptual Solutions package presented to the Commonwealth Transportation Board (CTB) by Philip
Shucett on May 13, 2014.
Following a well-attended public hearing held in Albemarle County on May 27, our Board, by a vote of five to
one, directed our Metropolitan Planning Organization (MPO) appointees to support the package in its entirety.
Specifically, our Board supports the package’s elements as follows:
Best Buy Ramp Project (Route 29 and US 250 Interchange)
Hillsdale Drive Extended Project (extended to Holiday Drive)
Route 29 Widening Project (extended to Polo Grounds Road)
Adaptive Signal Time Improvements in the Albemarle/Charlottesville Route 29 Corridor
Berkmar Drive Extended Project (extended to Airport Road)
Route 29/Rio Road Grade Separated Intersection (study, design and construction)
Route 29/Hydraulic Road grade separated Intersection (Preliminary Engineering Study)
Additional Train AMTRAK Regional Service (Fund 25% of an additional Train set)
Sale of the right-of-way purchased for the Route 29 western bypass as expeditiously as possible
Our Board’s position is in complete alignment with the City of Charlottesville’s deliberations on the package as
well as the MPO resolution approved on May 28, 2014. We strongly encourage the CTB to approve this at their
June meeting so we may proceed.
Many thanks for the resource you provided to execute a thoughtful and comprehensive process that generated
solutions for a contentious and many-year effort to find a solution to congestion and compromised mobility along
the 29 corridor in Albemarle County.
Once CTB approval is obtained, we intend to be a model in the Commonwealth for the execution of
comprehensive traffic improvements coordinatin g closely with the Virginia Department of Transportation to
ensure as smooth a construction phase process as possible.
Sincerely,
Jane D. Dittmar, Chair
52
ATTACHMENT 16
ALBEMARLE COUNTY COMPREHENSIVE PLAN
DIRECTION AND COMMENTS FROM THE BOARD OF SUPERVISORS
ON THE VISION AND THE NATURAL RESOURCES CHAPTER
June 4, 2014
VISION STATEMENT
Direction to staff:
Use the revised Vision Statement provided by staff, except for the statement on education. Supervisor
McKeel provide staff with alternative language related to education to present to the full Board.
NATURAL RESOURCES CHAPTER: GOAL AND INTRODUCTION
Direction to staff:
Use amended Natural Resources Goal provided by Supervisor Palmer.
Add language after the second sentence of the introduction highlighting natural resource protection as
the County’s highest priority. Supervisor Palmer will provide specific language to members of the Board
and staff.
NATURAL RESOURCES CHAPTER: MINERAL RESOURCES
Direction to staff:
Amend Objective 3 to provide language which recognizes the economic value of the county’s mineral
resources while giving due consideration to potential impacts to the environment, human health and
property values. Supervisor Palmer will provide specific language to staff for Objective 3.
Remove the last sentence in the narrative under Objective 3 which recommends further quarrying of
soapstone.
Delete Strategy 3a.
Move the Natural Resources Extraction Overlay District description to Strategy 3b. Remove any specific
references to soapstone quarrying.
Add a clear statement in the mineral resources section that natural gas extraction, particularly through
fracking, in the County is not appropriate due to its potential impact on other natural resources.
Other Comments:
Supervisor Boyd said he could not support the natural gas extraction statement. He said he believes
that current data on the impacts of natural gas extraction is preliminary. He said he did not want to
exclude future operations that would improve the County’s economy and that would be able to operate in
a safe manner that does not harm the environment.
NATURAL RESOURCES CHAPTER: SURFACE AND GROUNDWATER
Direction to staff:
Incorporate staff’s recommended strategies for surface and groundwater protection and, where
appropriate, qualify those recommendations with the verb, “consider.”
Add water usage to the list of measures of success for Natural Resources, but be clear that measuring
water usage relates only to the public water supply and not to private wells.
Incorporate staff’s recommendation for additional language on the relationship of land development to
water quality.
Incorporate the suggestion of League of Women Voters that county regulations should not be dependent
upon state and federal requirements.
Incorporate League’s suggestion at the beginning of the plan that indicates language in the narrative
should have same legal standing as objectives and strategies.
Add specific language about Rivanna River TMDL and other TMDLs on impaired streams in the County
in the text which follows Strategy 1a.
OTHER ITEMS:
Direction to staff:
Provide the Planning Commission’s priority strategies after the draft of the plan is complete.
53
Improve the maps so that names and labels are clearer and more legible, especially names of river s and
streams.
Supervisor Palmer will get with staff before the next meeting to help determine her suggestions that are
edits and items that are substantive and need a Board discussion.
The Board will finish the water resources part of Natural Resources C hapter at the next meeting, have a focused
discussion on biodiversity and flood hazards, provide any additional direction on Natural Resources, and discuss
the Historic, Cultural, and Scenic Resources Chapter of the Plan.