HomeMy WebLinkAbout2009-9-02
B OARD OF SUPERVISORS
T E N T A T I V E
SEPTEMBER 2, 2009
11:00 A.M. A UDITORIUM
C OUNTY OFFICE BUILDIN G
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Update on Status of Land Use Value Tax Revalidation Program.
5. 12:00 Noon. Clos ed Meeting.
6. 12:30 p.m. C ertify Closed Meeting.
7. From the Board: Matters Not Lis ted on the Agenda.
8. From the Public: Matters Not Listed for Public Hearing on the Agenda.
9. Consent Agenda (on next sheet).
10. Boards and Commissions:
a. Vacancies /Appointments.
11. 1:20 p.m. Pantops Community Advisory C ouncil U pdate.
12. 1:40 p.m. Proposed 2010 Legislative Priorities, David Blount.
2:00 p.m. – Transportation Matters
13. a. VDOT Monthly Report.
b. Transportation Matters not Listed on the Agenda.
2:30 p.m. – Public H earings:
14. Uncontrolled Vegetation Ordinance. Proposed ordinance to amend Chapter 7, Health and Safety, of the
Albemarle County Code by adding a new Article V. U ncontrolled Vegetation. The proposed ordinance would
establish prov isions prohibiting grass, weeds, brush or other uncontrolled vegetation in excess of 12 inches
in height on any vacant developed property, or on that portion of any vacant undeveloped property w ithin
s eventyfive (75) feet of any public rightofw ay or of developed property under s eparate owners hip (except
in the Town of Scottsville, the Monticello Historic District and the R ural Areas District, and under certain
other circumstances), as well as provisions for the removal of s uch vegetation and penalties for any
v iolations.
15. AFD2009001. Ordinance to amend Chapter 3, Agricultural and Forestal Districts, of the Albemarle
C ounty Code. The proposed ordinance would amend Section 3209, Buck Mountain Agricultural and
Forestal District, to continue the district for all parcels identified in the ordinance and set the next district
review deadline date of September 2, 2019. It would also identify TMPs 1726C1, 1726C2 and 1726C3 as
being in the district (these parc els were created from parcels already in the district), would show only part of
TMP 1731 as being in the district (.91 acres of nonagricultural/forestal property was added to this parcel in
a boundary line adjustment) and would remove any parcels for which a reques t for withdrawal is received
before the Board acts on the proposed ordinance.
16. AFD2009002. Ordinance to amend Chapter 3, Agricultural and Forestal Districts, of the Albemarle
C ounty Code. The proposed ordinance would amend Section 3228, Yellow Mountain Agricultural and
Forestal District, to continue the district for all parcels identified in the ordinance and set the next district
review deadline date of September 2, 2019. It would also identify TMPs 5471B, 7037B1(part), 70
37D(part) and 712B as being in the district (these parcels were created from parcels already in the district)
and would remov e any parcels for which a request for withdrawal is received before the Board acts on the
proposed ordinance.
17. From the Board: Matters Not Lis ted on the Agenda.
3:15 p.m. R ecess and Reconvene in Room 241.
3:30 p.m. – Joint Meeting with School B oard:
18. Call to Order.
19. Discussion: CIP Process Rev iew and Modification.
20. Adjourn.
C O N S E N T A G E N D A
FOR APPR OVAL:
9.1 Approval of Minutes: April 1, May 6, June 3 and July 8, 2009.
9.2 FY 2009 Appropriations.
9.3 FY 2010 Appropriations.
9.4 Amended Economic Development Authority ByLaw s and Rules and Procedures.
9.5 Fiscal Year 2010 C ommunity Services Performance Contrac t.
9.6 Resolution Authorizing County Executive to ac cept OpenSpace Use Agreements.
9.7 Resolution of Intent to amend Zoning Ordinance Fees.
FOR IN FORMATION:
9.8 2009 Second Quarter Building Report as prepared by the Community Development Department.
9.9 2009 Second Quarter Certificate of Occupanc y R eport as prepared by the Community Development
D epartment.
9.10 Copy of letter dated August 3, 2009 to Harvey J . and Leslie L. Wilcox, from Ronald L. Higgins, Chief of
Zoning, Department of Community D evelopment, re: Official D etermination of Development Rights –
Tax Map 58, Parcel 64E4 (property of Harvey J. & Leslie L. Wilcox) – Samuel Miller D istrict.
9.11 Proffer Management FY09 Fourth Quarter C ash and N onCash Proffer Report.
Ret urn t o Top of Agenda
Ret urn t o Board of Superv isors Home P age
Ret urn t o Count y Home Page
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Use Value Tax R evalidation Update
SUBJECT/PR OPOSAL/REQUEST:
Update on the Revalidation Process for
properties in the Use Value Tax Program
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Wiggans and
Willingham and Ms. Catlin
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION: X
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On October 1, 2008, the Board adopted an ordinance to require biennial revalidation of properties in the Use Value
Tax Program. On April 17, 2009, a work session with the Board was held to further disc uss the rev alidation
requirement, including the form and proc ess.
The purpose of this Ex ecutive Summary is to provide the Board with an update on the s tatus of the revalidation
process . It includes a dis cussion on the current status of the submis sion of forms, a review of both completed and
planned/proposed communication efforts, and a discussion of key milestones in the nex t several months of the
program.
STRA TEGIC PLAN:
Objective 4.2: By June 30, 2010, increase the protec tion of the County ’s rural areas by implementing the key
strategies of the Rural Area Plan.
DISCU SSION :
Current Status of Forms Submission:
In June, 2009, the County sent a revalidation form along w ith information concerning the revalidation process to the
owners of approximately 5,000 parcels in the Use Value Tax Program. The owners were informed that:
The filing deadline for the forms without penalty was September 1, 2009.
Forms submitted from September 2, 2009 through Dec ember 5, 2009 were subjec t to a late filing fee of $125 per
parcel.
Failure to complete and file the form by the deadline(s) would cause the property to be removed from the Program
and could result in the assessment of roll back taxes .
As of August 18, 2009, the ow ners of approximately 3,000 parcels have submitted the revalidation forms. At the
Board Meeting on September 2, 2009, staff will provide the Board w ith an updated number.
Public Communication Efforts:
Attachment A provides detailed information on staff’s public communication activities to date and thos e planned or
proposed for the future. As the Attachment indicates, the County has provided an ex tensive amount of information
to the public and has been available on numerous occasions to answer questions and assist in the completion of the
revalidation forms. In addition, staff will send certified letters to owners w ho have not filed the form by the
September 1, 2009 deadline, informing them of the late filing deadline and the ramific ations of not filing the form.
These efforts w ill remain ongoing pas t the September 1 deadline, understanding the potentially significant impact of
being removed from the program after the D ecember 5 deadline.
Key Milestones:
Attachment B provides detailed information on the key dates and miles tones over the next several months of the
revalidation process. As discussed abov e and indicated in Attachment B, ow ners who do not file their revalidation
forms by December 5, 2009 will be removed from the Use Value Tax Program. Their property will be assessed and
taxed on its full market v alue in 2010, and if the use of the property has changed to a nonqualifying us e, it w ill be
subject to roll back tax es and interest at full market value for the current tax year (2009) and five previous years
(2004 through 2008). The roll back tax es and interest will be billed in 2010 following c alculations by staff of the
amounts.
BUDGET IMPACT:
As noted above, owners filing revalidation forms between September 2, 2009 and D ecember 5, 2009 will be
subject to a late filing fee of $125 per parcel. Assuming all owners who have not filed by September 1, 2009
submit forms by December 5, 2009, late fees of approximately $250,000 will be collected. The actual number of
parcels subject to a late filing fee and the number of parcels that have changed to a nonqualifying us e and will
be subject to roll back tax es and interest is unknown at this time.
RECOMMENDA TION S:
The Executive Summary is intended to provide the Board w ith an update on the status of the Revalidation Process
and is for information only . Staff welc omes suggestions from the Board on additional opportunities to provide public
information.
ATTAC HMENTS
A – Revalidation Public C ommunication Activities
B – Future Dates and Milestones
Return to regular agenda
Attac hment A
Revalidation Public Communic ation A c tivitie s, to D ate:
July, 2008 – The Board he ld a work se ssion on the propose d re va lida tion re quire ment.
O c tobe r, 2008 – The Boa rd adopted a n ordina nce to re quire bie nnial re va lida tion of propertie s in the Use
V a lue Ta x Progra m.
N ovember, 2008 – The Fina nc e D e pa rtme nt maile d tax bills w ith information about reva lida tion.
A pril, 2009 – The Rea l Estate Asse ssor sent a n e mail to Boa rd me mbers offe ring to c ohost public
c ommunic ation me e tings in ea c h magiste ria l district.
A pril – July, 2009 – The Re a l Estate Asse ssor a nd Boa rd me mbe rs c ohosted thre e town mee tings, to whic h
the y invited the public through me dia a nnounc eme nts.
May, 2009 – The Financ e Department mailed tax bills with information a bout revalidation.
June , 2009 – The Re a l Estate Asse ssme nt Office ma ile d a reva lidation form to all prope rty owne rs e nrolled
in the U se Value Tax Progra m in e nve lope s ma rked “Importa nt Ta x D ocume nt – La nd U se Re va lida tion”.
The information inc luded a c ove r le tter a nd a Fre que ntly A ske d Q uestions shee t.
MidJune , 2009 – The Re al Esta te A ssessme nt Offic e exte nde d its offic e hours e very other We dne sda y from
5:00 pm to 7:00 pm to se rve a nd assist property owners.
A ugust, 2009 – The Rea l Estate Asse ssor attended the Covesville Ruritans’ Town me eting a nd the Fa rm
Bure au Annua l me e ting to provide informa tion a nd a nswer questions re garding the Use Va lue Ta x Program
a nd the re validation proce ss.
A ugust 10, 2009 – The County publishe d a press re le ase re minding the public of the Se ptember 1st
re valida tion form filing de adline .
A ugust 11, 2009 – The County se nt a n Amail notific ation to all A Mail subsc ribers of the A ugust 10, 2009
pre ss relea se.
A ugust, 2009 Fina nce De partme nt a nd Community Deve lopme nt D e pa rtme nt sta ff worked togethe r to c re ate
a n expedited sc he dule for proc essing a nd a pproving ne w a gricultura l/fore stal distric ts a nd agric ultural/forestal
district additions by the e nd of the 2009 c a lendar yea r, re sulting in Planning proc essing two new districts a nd
e ight re que sts for a dditions to a district, c onsisting of a pproximate ly 200 pa rc els, to date.
Futur e Planned or Pr oposed Communic ation A c tivitie s:
Publish block ads in the Daily Progress, the Hook and the C’V ille Weekly prior to the Se pt. 1 a nd Dec . 5
filing de a dline s;
Post a flyer in rural stores a nd othe r a ppropriate loca tions prior to the Se pt. 1 a nd De c . 5 filing de adline s;
A fte r Septe mber 1, 2009, send a c ertifie d le tte r to a ll owne rs of property curre ntly in the U se Value Ta x Program
w ho ha ve not file d a reva lidation form by the Se pt. 1 de adline ;
Send a re minde r of the Dec e mbe r 5 filing de a dlines a long with the October ta x bill ma iling;
Pla n spe cial outre a ch se ssions for se niors through JABA and the Se nior Cente r; and
H ost or a tte nd additional mee tings a s requested by Board of Supe rvisor me mbers.
Go to ne xt a tta c hme nt
Re turn to regula r age nda
Atta chme nt B
Revalidation – Futur e Dates/Mile stones
Septe mber 1, 2009 – De a dline for reva lidation applic ations, after whic h a $125 la te fee will be a sse ssed; also the
deadline by whic h a pplica tions for agric ultura l /fore sta l distric ts must be re ce ive d to be proce ssed to be e ffective
for 2010 (a gricultura l/fore sta l districts only a ffect la nd use va lua tion qua lific a tion for the ta x ye a r 2010, c annot
c ure pa st years disqualific ation/roll bac k lia bilities)
N ovember 1, 2009 – Dea dline for applic a tions for Ope n Space U se Agre e ments – only affec t land use va luation
qualific ation for the tax yea r 2010, ca nnot c ure pa st ye ars disqualific ation/roll bac k liabilitie s
D e cember 2, 2009 – Board of Supe rvisors public he a ring and action on new a gric ultural/fore sta l districts and
a gricultura l/fore sta l district additions for w hich a pplication is made on or be fore September 1 (fallbac k date is
D e cember 9, 2009)
D e cember 5, 2009 – Fina l de adline for filing of re validation forms, a fte r whic h those not re va lida ting will be
subjec t to removal from the Use Va lue Ta x Program
Letter will be se nt after Dec e mbe r 5, 2009 de adline to prope rty owne rs who did not revalidate, informing the m of
re mova l from the U se Value Tax Progra m
Re a sse ssment notic e s issue d in Ja nua ry, 2010, w ill list both fa ir marke t value a nd land use va luations for those in
the U se Value Ta x Progra m
June 5, 2010 tax bill (issued la te April, 2010) will bill a t fair marke t va lue for those parc els that w ere removed
from the U se Value Ta x Program
Supple menta l bills for roll ba ck ta xes and applic a ble intere st will be issued follow ing fie ld work a nd ve rifica tion
a ctivitie s by Asse ssor’s staff
D e cember 5, 2010, ta x bills (issue d October, 2010) w ill bill at fair marke t va lue (as did the June bills)
V e rific a tion le tte rs w ill be ma iled to the owne rs of nonqualifying pa rce ls re move d from the Use Va lue Ta x
Progra m
Re turn to regula r age nda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2009 Appropriations
SUBJECT/PR OPOSAL/REQUEST:
Approv al of a Budget Amendment and
Appropriation #2009068 for various sc hool
programs
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis and Wiggans
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
Virginia Code § 15.22507 provides that any locality may amend its budget to adjus t the aggregate amount to be
appropriated during the fis cal year as shown in the currently adopted budget; provided, however, any such
amendment w hich exceeds one percent of the total expenditures shown in the currently adopted budget must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The
Code section applies to all C ounty funds , i.e., General Fund, Capital Funds, E911, School SelfSus taining, etc.
The total of this requested FY 2009 appropriation is $28,902.45. A budget amendment public hearing is not required
because the cumulative appropriations will not exceed one percent of the currently adopted budget.
STRA TEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County’s growing needs
DISCU SSION :
This request involves the approval of one (1) new FY 2009 appropriations as follows:
One (1) appropriation (#2009068) totaling $28,902.45 for various school programs.
RECOMMENDA TION S:
Staff recommends approv al of the budget amendment in the amount of $28,902.45 and the approval of Appropriation
#2009068.
ATTAC HMENTS
Attachment A
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
Attachment A
Appropriation
#2009068
$ 28,902.45
Revenue Source: Local Rev enue $ 24,652.45
State Revenue 4,250.00
At its meeting on August 13, 2009, the School Board approved the follow ing appropriations:
Beginning in FY 08/09, the state legislature required schools to appropriate funds into a newly created technology
category. Because this requirement did not go into effect until after the Board of Supervisors passed the FY 08/09
appropriation ordinance, tec hnology ex penses were allocated to the categories that were in place prior to FY
08/09. This action will s hift $1,714,847 in spending authority from administration, attendance and health as well as
$1,415,547 in spending authority from instruction to the technology c ategory. In FY 2009/2010 the School Board
has already approved a similar amount and placed the spending authority in the technology category. There will be
no impact on the total County budget as a result of this appropriation.
The Teaching American History Grant is based on a partners hip of five public school sy stems in central Virginia
(Charlottes ville City, Albemarle, Madison, Orange and Greene Counties ). The City of Charlottesville is the fiscal
agent and Albemarle County Schools w ill seek reimbursement for s alary and compensation expenses incurred.
The purpose of this grant is to create a sustainable, longterm project that will become a model to share both
teaching strategies and contentbased ac tivities as well as inform future historical projects . Expenditures have
exceeded appropriations for FY 08/09 due to an increase in funding. This item requests appropriation of additional
funds in the amount of $7,700 to cover these increases and to balanc e this fund.
Through various fundraisers over the 20082009 school year and a matc hing donation from the PATSO, H enley
Middle School has rais ed a total of $11,452.45 to be us ed towards the installation costs of solar panels at the
school. These monies along with the $7,500.00 grant awarded by the Dominion Educational Partnership (included
in the FY 09/10 Appropriation) will be retained in this fund until the goal of $42,000.00 is met and the
implementation of the project can begin.
Stony Point Elementary School has been awarded a Sam’s Club Foundation Community Grant in the amount of
$1,000.00. These funds will be used to s upplement field trip costs incurred during the 20082009 school year. The
funds w ill be received and disbursed as attached.
Henley Middle School has been awarded a grant in the amount of $1,000.00 from the WalMart Foundation.
These funds will be used to purchas e educational supplies and equipment that will enhance the current H ealth
curriculum.
Crozet Elementary School has been awarded a grant in the amount of $3,500.00 from The Williams Foundation.
These funds will be used for the purchase of a Senteo R esponse System. The units will be used during
introduc tion of new material and as an as sessment tool to determine mastery of content.
The Virginia Commiss ion for the Arts has made grant awards to several elementary schools. Artists in R esidency
Grants w ere made to AgnorHurt in the amount of $200.00, Broadus W ood in the amount of $300.00 and
Brownsville in the amount of $3,750.00. These funds will assist with funding performances at each school. The
funds w ill be received and disbursed as attached.
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2010 Appropriations
SUBJECT/PR OPOSAL/REQUEST:
Approv al of Budget Amendment and Appropriation
#2010018, #201019, #201020, #201021, and #201022
for various general government, schools, and capital
programs
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis and Wiggans
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: X INFOR MA TION:
ATTACH MEN TS: YES
REVIEW ED BY:
BACK GROUND :
Virginia Code § 15.22507 provides that any locality may amend its budget to adjus t the aggregate amount to be
appropriated during the fis cal year as shown in the currently adopted budget; provided, however, any such
amendment w hich exceeds one percent of the total expenditures shown in the currently adopted budget must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The
Code section applies to all C ounty funds , i.e., General Fund, Capital Funds, E911, School SelfSus taining, etc.
The total of this requested FY 2010 appropriation is $2,535,924.19. A budget amendment public hearing is not
required because the c umulative appropriations will not exceed one percent of the currently adopted budget.
STRA TEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County’s growing needs
DISCU SSION :
This request involves the approval of five (5) new FY 2010 appropriations as follows:
One (1) appropriation (#2010018) transferring $91,000.00 for road and drainage improv ements to Sun Ridge
R oad;
One (1) appropriation (#2010019) totaling $113,138.00 for a Community Policing grant;
One (1) appropriation (#2010020) totaling $55,870.00 for grants to replace equipment at the Emergency
C ommunications Center;
One (1) appropriation (#2010021) totaling $831,453.00 to change the way the Office of Facilities
D evelopment is funded; and
One (1) appropriation (#2010022) totaling $1,535,463.19 for various school programs and grants.
RECOMMENDA TION S:
Staff recommends approv al of the budget amendment in the amount of $2,535,924.19 and the approv al of
Appropriations #2010018, #2010019, #2010020, #2010021, and #2010022.
ATTAC HMENTS
Attachment A
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
Attachment A
Appropriation #2010018
$ 91,000.00
R evenue Sourc e: Local Rev enue $
91,000.00
At its March 7, 2007 meeting, the Board of Supervis ors directed staff to implement on Sun Ridge R oad a partial
public street extension with drainage improvements to support the road and resolv e dow nstream flooding and
erosion issues. This appropriation w ill fund these improvements as des igned per the Board’s direction. The source
of the funding is the “Transportation – Local” and “Stormwater Control Improvements” funds from the C apital
Improv ement Program. There will be no impact on the total C ounty budget as a result of this appropriation.
Appropriation #2010019
$113,138.00
R evenue Sourc e: Federal Rev enue $ 113,138.00
The Department of J ustice has awarded the Albemarle C ounty Polic e D epartment a grant in the amount of
$113,138.00. The purpose of this grant is to assist in overtime expenses and equipment to support more
Community Policing in problem solving, crime prevention, and safety enhancement through working directly with
citizens. There is no local match.
Appropriation #2010020
$55,870.00
R evenue Sourc e: State Rev enue $ 55,870.00
The Emergency Communication Center was awarded two nonmatching grants from the State 911 Wireless Board
for the purchase of replacement equipment in the Emergency Communications Center. The first grant is in the
amount of $26,440.00 and is to be used for replacing the instant call c heck recorders at the dispatc h c onsoles. The
second grant is for $29,430 and is to be used for replacing the hardware for the 911 telephone system including the
CPE units and touch s creen monitors for all 14 dispatcher and call taking positions.
Appropriation #2010021
$831,453.00
R evenue Sourc e: CIP Fund Balance $ 831,453.00
At the Augus t 5, 2009 Board of Supervisors meeting, the Board approved a recommendation from the Office of
Facilities Development that included the following:
Authorize OFD to charge direct cos ts associated with Project Management services, including the C apital
Program Manager position, to the Capital Fund ($545,466);
Convert two contracted employees to permanent FTEs ($195,506); and
Transfer 50% of s alaries of three project inspectors from Community Development to OFD ($90,481).
Since current capital budgets do not include a project management fee, it is necessary to utilize s avings from
current projects to fund project management costs in FY 09/10. Beginning in FY 10/11, project management costs
will be inc luded in all CIP budgets.
Appropriation #2010022
$1,535,463.19
R evenue Sourc e: Local Rev enue $ 22,475.00
Federal Revenue $1,512,988.19
The following appropriations were approved by the School Board at their August 13, 2009 meeting:
The Albemarle Resource Center (ARC ) has taken ov er the administration of the follow ing programs that were
once managed in Human R esources:
Grow Your Own program for classified staff pursuing teacher licensure. This program was developed to
offer financial ass istance to clas sified employees pursuing a c areer in teaching. Candidates are eligible to
rec eive up to $1,000 in course reimbursements per fiscal year for completed classes which are taken for
initial licensure or licensure renew al.
National Board Certific ation. This program was developed to s upport and encourage professional
dev elopment for accomplished teachers by prov iding financial assistance for them to pursue the National
Board Certification. A onetime $1,000 reimburs ement is given to each candidate upon completion of the
National Board Certification process.
This appropriation has no impact on the total C ounty budget.
Better Living, Inc. has awarded seven Albemarle C ounty Public School teachers staff development stipends in
the amount of $1,000.00 each under the Golden Apple Award. Recipients include Analisa Herring, Brownsville;
Leslie Anderson, Hollymead; Janelle C atlett, W oodbrook; Peter Arquette, Jouett Middle; Leslie Desimini,
Sutherland Middle; Elizabeth Lassiter, Monticello High and Scovie Martin, W estern Albemarle High.
Albemarle County Schools has been aw arded funds for Migrant Education Programs (MEPs) under a U nited
States D epartment of Educ ation Literacy Education and Reading Network (LEARN) Consortium Incentive Grant.
The grant requires State Educational Agencies to mak e consortium arrangements with other states to apply for
the funds. The grant is designed to improve interstate and intrastate coordination of migrant education programs.
Virginia, as a part of the Literac y Education And R eading Network (LEARN ), will develop reading
lessons/res ources, scientificallybased w riting and study sk ills lessons/resources, materials for parents to use
with their c hildren that align with the literacy lessons, a comprehensive literacy success plan, and a graduation
plan to help MEP staff work with s tudents in grades 712 and Out of School Youth (OSY) to identify and address
barriers to high school graduation. The LEAR N Consortium has 18 member states, eight of which are small
states w ith a migrant population similar to Virginia’s population. These states are: Arkansas, C olorado, H awaii,
Idaho, Louisiana, Minnesota, Nevada, New Hampshire, New Mexico, N orth Dakota, Ohio, Oklahoma, Oregon,
Penns ylvania, South Dakota, Utah (lead state), Vermont, and Virginia. The Albemarle Regional Migrant
Education program will review, field test, and provide feedback on LEARN instructional materials; communicate,
collaborate, and share information about results among consortium states, local/regional resources, and technical
assistance providers; and complete evaluation surv eys , and participate in interviews about project
implementation, outcomes, suc cesses, and areas needing improvement. The appropriation for Migrant Education
Programs totals $9,108.19.
Albemarle H igh School received four donations totaling $475.00. Mr. Steven Vegodsk y donated $25.00, Mr. and
Mrs. Steven Trotta donated $300.00, Dennis Steljes Jr. donated $100.00 and Mr. and Mrs. W illiam Horbaly
donated $50.00. All of the donors requested that their contribution go towards the sy nthetic turf field project at
Albemarle High School.
The Albemarle County C hild Nutrition D epartment has been awarded an Equipment Assistanc e Grant in the
amount of $15,940.00 under the American Recov ery and R einvestment Act (AR RA). These funds will be used to
purchas e a C ombi Oven for Greer Elementary School. A Combi Ov en offers a unique style of convec tion oven
that steams, poaches, roasts, broils, bakes and rethermalizes. This w ill allow the cafeteria team to practice
additional batch cooking thus producing a fresher product while using less energy.
Albemarle County Public Schools has been awarded additional funding in the amount of $31,562.00 for the
Families in Cris is (Homeles s) Grant under the American R ecovery and Reinvestment Act (ARRA). These funds
will be used to increase the number of w ork hours for the Homeless Social Work er and Specialist from ten hours
to twenty hours per week. This w ill enable a more comprehensive and solid base to be formed around
knowledgeable staff to bring the Homeless Program to a self sustaining effective modality.
Albemarle County Public Schools has been awarded a grant in the amount of $15,000.00 from State Farm
Insurance Company. These funds will be used to support the M³ Men, Math, Mis sion Program. This program is
designed to provide AfricanAmerican males w ith a solid pathway for future s uccess through increased
opportunity for rigorous coursework, consistent opportunities for mentoring and support, and service learning to
expand their influenc e to others in the community. This program will focus on students in their middle school
years and w ill provide rigorous prealgebra curriculum through instruc tional approaches that address their specific
learning needs.
The Safe Schools /Healthy Students Grant is bas ed on a partnership between Albemarle C ounty Public Schools
(ACPS), Charlottesville City Schools (CCS), the Charlottesv ille and Albemarle Police D epartments, R egion Ten
Community Services Board (CSB), the 16th D istrict Juvenile Court Service U nit, the C harlottes ville and
Albemarle D epartments of Social Services, and the Charlottesv ille/Albemarle C ommission on Children and
Families (C CF). Albemarle County will serve as the fiscal agent. This grant has been awarded by the U.S.
Department of Education. Funding will c ontinue until June 2013 and is expected to total $5,825,512.00.
The purpose of this grant is to implement an integrated, comprehensive, communitywide plan designed to
promote healthy c hildhood development and prevent violenc e and s ubstance abuse in the partic ipating school
districts by creating safe, respectful, and drugfree school environments by promoting prosocial skills, and
supporting healthy childhood dev elopment. This agenda item requests appropriation of the fiscal y ear 20092010
grant award in the amount of $1,456,378.00.
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amended Economic Dev elopment Authority Bylaws
and Rules and Procedures
SUBJECT/PR OPOSAL/REQUEST:
Approv al of Amended Ec onomic Development
Authority Bylaw s and Rules and Procedures
STAFF CON TA CT(S):
Messrs. Tucker and D avis ; and Ms. Jordan
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFOR MA TION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On June 4, 2008, the Board adopted an ordinance to change the name of the Indus trial Dev elopment Authority of
Albemarle County, Virginia to the Economic Development Authority of Albemarle County, Virginia (“the EDA”). The
EDA Chairman, John Lowry, sent a letter to the Board on August 4, 2009 stating that the EDA and Jim Bowling, its
attorney, desire to revise the EDA By laws and Rules and Regulations to reflect the name change (See Attachment
A). Any revisions or changes to the By laws and the Rules and R egulations require the approval of the Board
pursuant to County Code § 2605, which reads “All bylaws, standards and priorities of the economic development
authority of the county shall be approved by the board of superv isors prior to their adoption by the economic
development authority. Any revisions or changes of such bylaws, standards and priorities shall require the prior
approval of the board of supervisors.”
STRA TEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Albemarle County Residents
DISCU SSION :
The current EDA By laws and Rules and R egulations w ere adopted in 1976 and have nev er been revised. In addition
to reflecting the EDA’s name change, the proposed Amended By laws (Attachment B) and Rules and Regulations
(Attachment C ) 1) update the Virginia C ode reference from Title 15.1 to Title 15.2; 2) change the title of the Assistant
Treasurer to Assistant SecretaryTreasurer, 3) designate the Assistant SecretaryTreasurer to sign the approv ed
minutes ; 4) designate the Clerk of the Board of Superv isors to serve as Assistant SecretaryTreas urer; and 5) change
the annual meeting day of the EDA Board of Directors to the first ED A meeting of the calendar year to be held no
later than June 30 of the year. Thes e revisions are to formalize the c urrent practice of the EDA Board.
BUDGET IMPACT:
None
RECOMMENDA TION S:
Staff recommends that the Board approv e the attached Amended EDA By laws and R ules and Regulations.
ATTAC HMENTS:
A – Augus t 4, 2009 letter from John Lowry, EDA Chairman
B – Amended By laws
C – Amended R ules and Procedures
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
Attachment B
BY LAWS OF THE INDUSTRIAL ECONOMIC DEVELOPMENT
AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA
ARTICLE I
Name and Location
Section 1. The name of the Authority shall be “Industrial Economic Development Authority of
Albemarle County, Virginia”.
Section 2. Its principal office shall be located in the City of Charlottesville, Virginia, in the
County Office Building.
ARTICLE II
Rules and Regulations, General
Section 1. The Authority shall be governed by, and exercise the powers granted by, the
provisions of the “Industrial Development and Revenue Bond Act”, Title 15.1 15.2 of the Code of Virginia,
as amended and as may hereafter be amended, subject to the provisions of that certain Ordinance
creating the Authority adopted by the Board of Supervisors of Albemarle County, Virginia, on May 12,
1976, and as such Ordinance may hereafter be amended, such Ordinance being appended hereto and
made a part hereof.
Section 2. The Authority may engage legal counsel, bond counsel, financial advisors, trustees
and other experts as it deems necessary to assist it in the conduct of its business.
ARTICLE III
Membership
Section 1. The governing body of the Authority shall be the Board of Directors appointed by the
Board of Supervisors of Albemarle County.
ARTICLE IV
Officers and Committees
Section 1. The officers of the Authority shall be a Chairman, a Vice-Chairman, a Secretary-
Treasurer, all elected by the Directors annually from their membership, and an Assistant Secretary-
Treasurer from outside of their membership. The officers shall hold office for terms of one year, or until
the next annual meeting and until their successors shall have been duly elected and shall have qualified.
Section 2. The Chairman, or in his absence, the Vice-Chairman, shall preside over all meetings
of the Authority. In the absence of both, a temporary presiding officer shall be elected from among the
members present.
The Chairman shall exercise general supervision over all of the affairs of the Authority. The
Chairman shall appoint all Committees.
Section 3. The Secretary-Treasurer shall keep the minutes of all proceeding and shall keep
records of all correspondence and business transactions of the Authority. Minutes of proceedings shall
be open to public inspection at all reasonable times. He shall keep the corporate books and have charge
of the seal. He shall send notices of meetings by mail or otherwise to members of the Authority as the
same may be required, and to others as required by Section 2 of Article V. He shall keep a roll of the
members. He shall perform all other duties usually appertaining to the office of a secretary.
Section 4. The Secretary-Treasurer shall be responsible of the keeping of suitable records of all
financial transactions of the Authority. Such records shall be audited annually and a copy of each such
audit shall be furnished to the Board of Supervisors of Albemarle County and shall be open to public
inspection. Subject to the provisions of the Industrial Development and Revenue Bond Act and all
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agreements, contracts, and other instruments, including any trust indenture securing bonds of the
Authority, made and entered into pursuant thereto, he shall have charge and custody of all funds an be
responsible for their investment and deposit in the name of the Authority as authorized by the Authority.
In general, he shall perform all the duties incident to office the treasurer and such other duties as from
time to time may be assigned by the Authority. The Secretary-Treasurer shall give bond in such sum as
may be fixed by the Authority, payable to the Authority, with corporate surety authorized to act as such in
the State of Virginia, the premium. On which bond shall be paid as an expense of the Authority. The
Secretary-Treasurer shall make disbursement of funds of the Authority under the direction and approval
of the Directors, and all checks drawn on deposits of the Authority shall bear his signature as Treasurer,
and checks of over $1,000.00 shall also bear the signature of the Chairman or Vice-Chairman. In his
absence or incapacity, his power to sign checks may, at a duly constituted meeting, be delegated by the
Directors, to the Assistant Secretary-Treasurer, or to one of the Directors other than the Chairman or
Vice-Chairman. Certain of the functions of the Secretary-Treasurer may, at a duly constituted meeting,
be delegated by the Directors to the Assistant Secretary-Treasurer.
The Clerk of the Board of Supervisors shall serve as Assistant Secretary-Treasurer, and shall
perform such duties of the Secretary-Treasurer set forth herein as are delegated to the Clerk by the
Secretary-Treasurer.
Section 5. Contracts, bonds, notes, deeds, conveyances and other formal documents as
authorized by the Board of Directors shall be signed on behalf of the Authority by the Chairman and the
Secretary-Treasurer or in their absence by two directors who shall be so designated by said officers and
approved by the Directors.
Section 6. The Secretary-Treasurer shall arrange for the books and records of the Authority to
be kept in appropriate offices and/or vaults of the County Office Building.
ARTICLE V
Meetings of the Directors and Fiscal Year
Section 1. The annual meeting of the Board of Directors shall be held on the second regular
business day following the 19th of January of each year, at the County Office Building. The annual
meeting of the Board of Directors shall be the first meeting of the calendar year to be held no later than
June 30 of the year, at the County Office Building.
Section 2. Other meetings of the Authority may be called at any time by the Chairman, or in his
absence, by the Vice-Chairman or Secretary-Treasurer, or on written request made to the Secretary-
Treasurer by a majority of the members of the Board of Directors. W ritten notice stating the place, date,
hour and purpose of each meeting shall be given not less than three days, nor more than ten days, before
the date of the meeting, either by mail or by telephone confirmed by mail, to each Director entitled to vote
at such meeting and copies of such notice shall be sent to the Chairman of the Board of Supervisors of
Albemarle County, the County Executive, and also to any member of the general public, including news
media, requesting same. In cases of bona fide emergency, special meetings may be called and the
foregoing notice waived by the Directors. A resolution by the Board of Directors that a bona fide
emergency exists shall be conclusive proof thereof.
Section 3. Any business of the Authority may be acted upon at any meeting at which a quorum
is present, subject to Section 4 of this Article V.
Section 4. Four members of the Board of Directors shall constitute a quorum for the purposes of
conducting its business and exercising its powers and for all other purposes; except that no facilities
owned by the Authority shall be leased or disposed of in any manner without a majority vote of the
members of the Board of Directors.
Section 5. All meetings shall be open to the public.
Section 6. The fiscal year of the Authority shall begin on July 1 and end on June 30 of the
succeeding year.
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ARTICLE VI
Order of Business
At any meeting of the Authority the following shall be the order of business.
1. Roll Call.
2. Minutes of previous meeting read and action thereon.
3. Report of the Chairman.
4. Unfinished business.
5. New business.
ARTICLE VII
Voting
Section 1. All Directors appointed to the Board of Directors pursuant to statutory
authority are entitled to one (1) vote, and, except as provided in Section 4 of Article V of these by-
laws, and Section 15.1-1377, Title 15.2 of the Code of Virginia, a simple majority of those present
and voting shall be required to adopt any measure.
ARTICLE VIII
Amendments
Section 1. These by-laws may be amended, but no amendment to these by-laws shall
be valid unless approved by a majority vote of the Board of Supervisors of Albemarle County,
Virginia, present in their respective meetings to which said amendment is presented, and provided
further that notice of the proposed amendment is given in the notices of said meetings.
ARTICLE IX
Seal
Section 1. There shall be a seal of the Authority which shall have the words “Industrial
Economic Development Authority of Albemarle County, Virginia”
ARTICLE X
Miscellaneous
Section 1. All terms referring to gender herein shall be interpreted in a neutral fashion.
Adopted this _______ day of __________________, 2009.
______________________________
CHAIRMAN
ATTEST:
______________________________
SECRETARY-TREASURER
APPROVED BY:
______________________________
ATTEST:
_______________________________
Attachment C
1
INDUSTRIAL ECONOMIC DEVELOPMENT AUTHORITY OF
ALBEMARLE COUNTY, VIRGINIA
RULES AND PROCEDURES
ARTICLE I
PURPOSE AND SCOPE
Section 1.1 Purpose. These Rules shall govern the submission of Applications to the
Authority, application and administrative fees, consideration of matters to be brought to the attention of
the Authority relating to the authorization, issuance and sale of its Bonds, the adoption of Financing
Documents, reports to be submitted to the Authority, and such other matters as are contained herein.
Section 1.2 Scope. These Rules supplement the Act. In the event of any conflict between
the Act and these Rules, the provisions of the Act shall prevail.
ARTICLE II
DEFINITIONS
Section 2.1 Definitions. As used in these Rules and Procedures, the following terms shall
have the meaning as set forth herein, unless the context clearly requires otherwise:
"Act" shall mean the Virginia Industrial Development and Revenue Bond Act, Chapter 49, Title
15.2, Code of Virginia of 1950, as amended.
"Applicant" shall mean any individual, person, firm, corporation, partnership or other entity
applying for industrial development revenue bond financing, or for whose benefit the Authority has issued
its Bonds, or who requests the Authority to take any action.
"Application" shall mean the Authority's application for industrial development revenue bond
financing as in effect from time to time.
"Authority" shall mean the Industrial Economic Development Authority of the County of
Albemarle, Virginia, a political subdivision of the Commonwealth of Virginia.
"Bonds" shall mean any notes, bonds and other obligations authorized to be issued by the
Authority pursuant to the Act.
"Code" shall mean the Code of Virginia of 1950, as amended.
"Financing Documents" shall mean any resolutions, instruments, documents, papers, elections,
certificates or financing statements required to be adopted or authorized, executed and delivered by the
Authority in connection with the authorization, issuance and sale of its Bonds.
"IRC" shall mean the Internal Revenue Code of 1954, as amended.
"Project" shall mean any land, improvements, machinery, equipment or property financed by the
issuance and sale of the Authority's Bonds.
"Rules" shall mean these Rules and Procedures of the Authority, as may be in effect from time to
time.
ARTICLE III
GENERAL
Section 3.1 Copies to be Provided Applicants. A copy of these Rules and Procedures
shall be furnished by the Authority's administrative agent, the County of Albemarle, by the Clerk of the
Board of Supervisors, to each prospective Applicant.
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Section 3.2 Compliance with Rules and Procedures. Each Applicant shall comply with
these Rules and Procedures in the submission of its Application or any Financing Documents to the
Authority and in requesting that the Authority take any action, including the adoption of Financing
Documents. Failure to comply with these Rules and Procedures shall constitute sufficient reason for the
Authority to refuse to consider any Application, Financing Documents, or any other matter to be brought
before the Authority by or on behalf of any Applicant.
Section 3.3 Amendments. These Rules and Procedures may be changed from time to time
by the Authority by the vote of a majority of its Directors present at any meeting of the Authority, provided
notice of such change shall have been given to each Director before such meeting. These Rules and
Procedures may, notwithstanding the foregoing, be amended without prior notice upon the affirmative
vote of all Directors of the Authority.
Section 3.4 Preparation and Distribution of Agenda and Minutes.
(a) A preliminary agenda for the Authority's regular meeting shall be prepared and distributed by
the Authority's Secretary to Authority members and the Authority's attorney no later than five (5) days
before the Authority's regularly scheduled meeting date. In the case of special meetings of the Authority,
the agenda shall be included in the call issued for such meeting. When action is to be taken with
reference to a Project or the issuance of Bonds, the agenda shall contain a description of the type, nature
and location of the Project, the name of the Applicant and the nature of the action to be taken by the
Authority. The agenda for regular meetings of the Authority shall state that it is a preliminary agenda
subject to change at or before the Authority's meeting.
(b) Preliminary drafts of the minutes of the Authority's meeting shall, as soon as practicable
following the meeting, be mailed or delivered to each officer and Director of the Authority and the
Authority's counsel. Each preliminary copy of the minutes so distributed shall be marked to indicate that it
is a preliminary draft subject to additions or corrections at the Authority's next meeting. The date of
approval of the Authority's minutes shall appear at the foot of the last page of the minutes which shall,
when approved, be signed by the Chairman and Secretary Assistant Secretary-Treasurer of the Authority.
ARTICLE IV
APPLICATION PROCEDURES, FEES AND REQUIREMENTS
Section 4.1 Applications. Each Applicant shall submit nine (9) fully and accurately
completed Applications to the Clerk of the Board of Supervisors of Albemarle County at least ten (10)
days before the Authority's meeting at which the Application is to be considered. Each Application shall
include all requested exhibits. In the event all requested exhibits are not available or not to be made part
of the public record, a statement of explanation will be attached to the Application.
Section 4.2 Application Fee. The Authority charges an Application fee of Five Hundred
Dollars ($500.00), payable to the County of Albemarle. The Application fee shall be paid to the Authority's
administrative agent, the County of Albemarle, prior to consideration of the inducement resolution to be
adopted on behalf of the Applicant. Application fees, upon acceptance by the Authority, are non-
refundable. No interest shall be paid on Application fees.
Section 4.3 Administrative Fees.
(a) The Authority reserves the right in the future to charge an annual administrative fee for all
projects financed by the Authority.
(b) The Authority requires reimbursement of its costs and expenses incurred in connection with
the issuance and sale of its Bonds and by virtue of its Bonds being outstanding. (See Section 5.2).
Section 4.4 Transcripts of Proceedings. Each Applicant receiving Bond financing through
the Authority shall furnish to the Authority upon the sale and delivery of the Bonds, two (2) complete
transcripts of the Financing Documents relating to such Bonds. Bond transcripts shall be hardback bound
in library standard quality binders at the cost and expense of the Applicant.
Section 4.5 Bond Validation Proceedings. The Authority may require that before issuance,
its Bonds be validated by the Circuit Court of the County of Albemarle, Virginia, pursuant to the require-
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ments of Article 6, Chapter 26, Title 15.2 of the Code. The costs, expenses and fees incurred in
connection with any bond validation proceeding required by the Authority, including attorneys' fees, shall
be paid by the Applicant.
Section 4.6 Additional Information Required of Applicants.
(a) The Authority may adopt an inducement resolution conditioned upon the subsequent
furnishing of certain information satisfactory to the Authority. All required information shall be promptly
furnished to the Authority and failure of any Applicant to furnish such information shall constitute a ground
for rescission of any inducement resolution adopted pursuant to such conditions.
(b) The Authority may, at its option, require the furnishing of appraisals, evaluations or reports
respecting the Project or any portion thereof. The Authority may retain advisors and consultants to advise
it regarding any Project or other action which it is requested to undertake by any Applicant. All costs, fees
and expenses of such appraisals, reports, consultants and advisors incurred by the Authority after prior
notification to the Applicant shall be paid by the Applicant.
(c) Since the Authority usually acts based upon information furnished to it solely by the Applicant,
the Authority reserves the right to require at any time the furnishing of additional information concerning
the Applicant, its financial statements, and any other information deemed relevant by the Authority. In
instances where the Applicant has undergone changes in form or management or where the security to
be given for payment of the Bonds has changed, the Applicant shall report such changes promptly to the
Authority.
ARTICLE V
PROVISIONS TO BE INCORPORATED INTO RESOLUTIONS
AND FINANCING DOCUMENTS
Section 5.1 Inducement Resolutions. Each inducement resolution adopted by the Authority
shall provide that it shall continue in full force and effect for a period of two (2) years unless specifically
extended by the Authority or the Bonds contemplated by the resolution are issued.
Section 5.2 Payment of Authority Expenses. The Financing Documents adopted by the
Authority for the benefit of any Applicant shall provide that the Applicant agrees to pay all costs, fees, and
expenses incurred by the Authority (including attorneys' fees) in connection with:
(a) the authorization, issuance and sale of the Authority's Bonds;
(b) the ownership, occupation, operation or use of the Project being financed, whether owned by
the Authority or the Applicant;
(c) prepayment or redemption of the Authority's Bonds;
(d) administrative costs and expenses of the Authority, including the fees of attorneys,
accountants, engineers, appraisers, or consultants, paid or incurred by the Authority by reason of the
Bonds being outstanding or pursuant to requirements of the Financing Documents; and
(e) such other fees and expenses of the Authority, not directly related to the Project being
financed for the Applicant, but attributable to the Authority's financing of industrial or commercial Projects,
including without limitation, a share of costs of the Authority's annual audit as required by Code Section
15.1-1377 Title 15.2 of the Code of Virginia, determined as follows:
(1) All costs and fees relating to any annual audit and directly attributable to a
particular Applicant or Project, shall be charged to such Applicant; and
(2) Any costs and fees of such audit not directly attributable to any Applicant or
Project shall be allocated among all Applicants having Bonds outstanding, pro rata, as the amount of
Bonds originally issued for such Applicant bears to the total face amount of Bonds issued by the Authority
of which any portion of any issue remains outstanding and unpaid.
Section 5.3 Indemnification of the Authority. Each Applicant shall agree to indemnify and
save harmless the Authority and its officers, directors, employees and agents (hereinafter the
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"Indemnitees") from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs
and expenses (hereinafter referred to as "Damages"), including without limitation:
(a) all amounts paid in settlement of any litigation commenced or threatened against the
Indemnitees, if such settlement is effected with the written consent of the Applicant;
(b) all expenses reasonably incurred in the investigation of, preparation for or defense of any
litigation, proceeding or investigation of any nature whatsoever, commenced or threatened against the
Applicant, the Project or the Indemnitees;
(c) any judgments, penalties, fines, damages, assessments, indemnities or contributions; and
(d) the reasonable fees of attorneys, auditors, and consultants; provided that the Damages arise
out of:
(i) failure by the Applicant, or its officers, employees, or agents, to comply with the
terms of the Financing Documents and any agreements, covenants, obligations, or prohibitions set forth
therein;
(ii) any action, suit, claim or demand contesting or affecting the title of the Project;
(iii) any breach of any representation or warranty set forth in the Financing
Documents or any certificate delivered pursuant thereto, and any claim that any representation or
warranty of the Applicant contains or contained any untrue or misleading statement of fact or omits or
omitted to state any material facts necessary to make the statements made therein not misleading in light
of the circumstances under which they were made;
(iv) any action, suit, claim, proceeding or investigation of a judicial, legislative,
administrative or regulatory nature arising from or in connection with the construction, acquisition,
ownership, operation, occupation or use of the Project; or
(v) any suit, action, administrative proceeding, enforcement action, or governmental
or private action of any kind whatsoever commenced against the Applicant, the Project or the
Indemnitees which might adversely affect the validity or enforceability of the Bonds, the Financing
Documents, or the performance by the Applicant or any Indemnitee of any of their respective obligations
thereunder.
Section 5.4 Bond Counsel Opinion Required. Before issuing and delivering any of its
Bonds, the Authority shall receive an unqualified approving opinion of recognized bond counsel, licensed
to practice law in Virginia and approved by the Authority, stating, among other things, that the Bonds have
been duly authorized, executed, issued and delivered, that the interest thereon is exempt from Federal
income taxation under IRC § 103 (or other applicable provision of law) and taxation by the
Commonwealth of Virginia, and that the Bonds are exempt from registration requirements under
applicable State and Federal securities laws.
Section 5.5 Covenants to Preserve Tax Exempt Status of Bonds. All Financing
Documents presented for approval by the Authority shall contain appropriate covenants of the Applicant
designed to insure compliance with the requirements of IRC § 103 to preserve the tax exempt status of
interest on the Bonds, including without libitation limitation, "arbitrage" requirements, capital expenditure
limitations and reporting requirements.
Section 5.6 Payments in Lieu of Taxes. In event title to the Project is held by any person or
entity not subject to real or personal property taxes, the Applicant and any user of the Project, unless
specifically exempted by the Authority, shall enter into an agreement to pay all taxes, levies,
assessments, charges or other impositions which may be levied by any taxing authority on the Project as
if such Applicant or user held title to the Project or any portion thereof.
ARTICLE VI
REPORTS
Section 6.1 Interim Reports by Applicants. Each Applicant shall file with the Authority a
written report describing the status of its proposed financing no later than the last day of the second
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month after the adoption of an inducement resolution for the Applicant and every three (3) months
thereafter until the adoption of any Financing Documents by the Authority. Such written report shall
include the proposed purchaser of the Bonds, the proposed terms of the Bonds, the status of Financing
Documents, and the current status of the Project. Each Applicant shall promptly notify the Authority of any
significant or material changes to any information previously furnished by the Applicant to the Authority.
Section 6.2 Annual Reports of Applicants. Each Applicant, after the issuance and sale of
the Authority's Bonds for the benefit of such Applicant, shall annually report to the Authority no later than
June 30 the status of the Project, which shall include the outstanding and unpaid balance of Bonds issued
for the Project, whether any event of default has occurred under the Financing Documents, and other
information relating to the financing of the Project and benefits to the County of Albemarle.
Section 6.3 Reports by Authority Chairman, Directors, etc. At each regular meeting of
the Authority, the Chairman, each Director, the Secretary-Treasurer and the Authority's counsel shall
report any action taken on behalf of the Authority since the last regular meeting, including as may be
applicable, receipt of reports required under Sections 4.6, 6.1 and 6.2. No later than September 1 of
each year, the Chairman of the Authority shall may also report to the Authority on the status, as of the
end of the Authority's fiscal year, of each active and outstanding inducement resolution of the Authority
and the status of each issue of the Authority's Bonds.
ARTICLE VII
ENFORCEMENT
Section 7.1 Enforcement of Provisions. The Authority may refuse to consider or adopt any
inducement resolutions, Financing Documents or any other matters presented for its consideration if the
Applicant has failed to comply with the requirements of these Rules.
Section 7.2 Repeal of Actions Previously Taken. The Authority may rescind or repeal any
inducement resolution previously adopted by it or any other action taken by the Authority because of
failure of the Applicant to comply with the provisions of these Rules or because of substantial changes in
the management, ownership, Project plan or financial circumstances of the Applicant; provided, however,
no inducement resolution or action taken by the Authority shall be repealed or rescinded unless prior
written notice of such proposed action shall have been mailed to the Applicant at least three (3) weeks
before the date upon which such action is proposed to be taken. Notwithstanding the foregoing, no such
action shall be taken by the Authority which will impair or adversely affect the interests of the holders of
the Authority's Bonds.
ARTICLE VIII
STATEMENTS OF POLICY
Section 8.1 Construction, Operation and Effect of Rules. These Rules are intended as
guidelines to promote and insure the orderly and consistent consideration of Applications, Financing
Documents, and other matters brought before the Authority. For good cause, application of these Rules
may be modified and waived upon a case-by-case basis upon the consent of the Authority. Any action
taken by the Authority not in conformity with these Rules shall, nevertheless, be fully effective as if taken
in compliance with these Rules. It is, however, the policy of the Authority that each Applicant comply fully
and completely with these Rules, and failure to comply with these Rules may constitute grounds for
refusal by the Authority to take any action requested.
Section 8.2 Approval of Inducement Resolution Not to Constitute an Endorsement of
Applicant. The purpose of the Authority, as set forth in the Act, is to promote industry and develop trade
by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in
the Commonwealth of Virginia. Pursuant to the Act, the Authority's powers shall be exercised for the
benefit of the inhabitants of Virginia through the promotion of their safety, health, welfare, convenience or
prosperity. Accordingly, the Authority's decision to adopt an inducement resolution or take other action will
be based largely upon these factors. Further, the Act prohibits the Authority from operating any enterprise
or Project. Since the Authority is a conduit for providing tax-exempt financing to promote the commerce
and industry of the Commonwealth of Virginia and the County of Albemarle, and given the express
prohibition against operating enterprises or Projects, the Authority believes it is improper for it to inquire
into matters relating to the business judgment of the management of any Applicant not relevant to the
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foregoing factors. The Authority may, however, examine the business decisions and other aspects of
management of the Applicant should it deem such matters relevant to the authorization, issuance and
sale of its Bonds.
In view of the foregoing limitations, the adoption of an inducement resolution or any other action
taken by the Authority is not to be used by any Applicant in any manner whatsoever as an endorsement
or approval of the Applicant, its policies or its management.
Section 8.3 Security for Payment of Bonds. The Authority will require a showing that any
issue of its Bonds is fully and adequately secured. If the Bonds are secured by a lien upon or security
interest in the Project financed with the proceeds of such Bonds, the Authority may require an appraisal of
the Project showing that it is valued in an amount sufficient to pay the outstanding principal amount of the
Bonds issued to finance such Project.
Section 8.4 Compliance with Rules. These Rules were adopted by the Authority to assist in
the orderly and expeditious conduct of its business. As stated in Section 3.2 of these Rules, the Authority
has reserved the right to require that any Applicant strictly conform to the requirements of the Rules.
Among other things, the Rules require that each Applicant inform the Authority of any new developments
or material changes in information which has been submitted to the Authority, either orally or in writing.
Matters concerning the structure of the financing, the prospective purchasers of the Bonds, and the
security for payment of the Bonds are items of particular interest to the Authority; however, the Authority
expects to be kept informed of all material changes to information submitted to it.
By submitting an Application to the Authority, the Applicant agrees to abide by these Rules. Thus,
the burden is placed upon the Applicant to review and to comply with these Rules. The principal sanction
which may be applied by the Authority against any Applicant for failure to comply with the Rules would be
a refusal to take any action requested by the Applicant. Such a refusal might result in embarrassment to
or considerable financial expense on the part of the Applicant. To avoid such embarrassment or expense,
the Authority urges each Applicant to keep the Authority fully informed of any new developments or
material changes to information previously submitted to the Authority, including in particular, changes in
the contemplated financing structure or the proposed security for the Bonds. As noted above, the burden
is upon the Applicant to convey this information to the Authority in a timely manner. W hat constitutes
"timely" depends upon the circumstances of each case; however, each Applicant is urged to provide all
such information before considerable time and expense is incurred upon matters which may prove
unacceptable to the Authority. Any such communications should be made directly to the Authority's
officers, directors, and counsel.
Notes to Application
1. Applicants are referred to the Authority's Rules and Procedures for provisions governing
the submission of the application to the Authority.
2. Applications and all exhibits should be submitted to:
Clerk of the Board of Supervisors of Albemarle County,
4th Floor, County Office Building, 401 McIntire Road,
Charlottesville, Virginia 22902-4596,
at least ten (10) days before the meeting at which the application is to be considered.
3. A $500.00 application fee, made payable to the County of Albemarle, should be
submitted to the Authority's administrative agency, the County of Albemarle, with the application or at the
time the application is considered.
4. Questions concerning the qualification of a project or certain expenses of industrial
economic development revenue bond financing or other legal questions relating to the issuance of bonds
should be directed to the Authority's counsel or to recognized bond counsel.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Fiscal Year 2010 Community Services
Performance Contract
SUBJECT/PR OPOSAL/REQUEST:
Approv al of Fiscal Year 2010 Community
Services Performance Contract for Region Ten
STAFF CON TA CT(S):
Messrs. Tucker, Elliott, and D avis
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFOR MA TION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: No
REVIEW ED BY:
BACK GROUND :
Each year, the Virginia Department of Behavioral Health & Developmental Services (D BHDS) requires Community
Servic e Boards (CSBs ) to enter into Community Services Performance Contracts for the delivery of certain services
in their res pective communities. Although R egion Ten, as the designated CSB for Albemarle County, is the
representative party to this Contract, federal and state regulations require that the local governing bodies that have
established a C SB approve the contract in order for the C SB to be eligible to receive statecontrolled funding.
STRA TEGIC PLAN:
Goal 1: Enhance the Quality of Life for all C itizens
DISCU SSION :
Annual Community Services Performance Contracts betw een the DBHD S and CSBs delineate the responsibilities
of the Commonw ealth and the C SBs for the delivery of mental health, mental retardation and substanc e abuse
services in their respec tive service areas. These contracts describe s ources of funding for the CSB, stipulate
requirements for compliance with federal regulations and establish performance measures. Even though the County
is not a party to this Contract, Virginia Code § 37.2508(D) requires that the local governing bodies that have
established a C SB approve the Contract in order for the C SB to be eligible to receive statecontrolled funds for
identified services. Staff has reviewed the proposed C ontract and found no terms adv erse to the County.
BUDGET IMPACT:
The County’s FY10 appropriation for R egion Ten totals $569,531. Of this amount, $450,627 is identified as
“comprehensive services,” including outpatient, case management, emergency, day support, residential, prevention
and early intervention s erv ices for mental health, mental retardation, and substance use disorders and prevention.
The balanc e of funding ($118,904) represents the County’s share of local programs funded by the C ity and County
such as the Mohr Center, jail services , c hildren servic es, and early intervention grants for children.
RECOMMENDA TION S:
Staff recommends that the Board approv e the Fiscal Year 2010 Community Services Performance Contract.
ATTAC HMENTS
A copy of the FY10 Region Ten Performance Contract is available in the C lerk’s Office for review.
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
OpenSpac e U se Agreements
SUBJECT/PR OPOSAL/REQUEST:
Adopt a R esolution authorizing the County Executive
to accept OpenSpace Us e Agreements
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Herrick, Wiggans, and
Willingham
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
ACTION: X INFOR MA TION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On October 1, 2008, the Board adopted an ordinance to require biennial revalidation of properties in the Use Value
Tax Program. On May 29, 2009, revalidation forms were mailed to the 4,927 owners of property currently in the
County’s Use Value Tax Program. While w orking with these property owners, staff has learned that a number of
property owners are interested in changing the qualify ing use of their property from Agriculture or Fores try to Open
Space.
To qualify for the OpenSpace category, the property mus t:
1) meet one of the seven uses under the “opens pace” definition in Virginia Code § 58.13230;
2) meet the minimum acreage (20 acres) required by County Code § 15804(2); and
3) be subject to one of the three mechanisms outlined in Virginia Code § 58.13233(3):
a) a permanent conservation easement held by a public body;
b) an Agricultural/Forestal D istrict of statewide significance; or
c ) an OpenSpace Use Agreement with the C ounty.
OpenSpace Use Agreements place substantial restric tions on the property. (Attachment B) These restrictions
preclude any subdivis ion of the property and prohibit the building of any s tructure not related to the openspace use
during the term of the Agreement. The term of the Agreement can be from four to ten y ears.
To date, the County has entered into only one OpenSpace Use Agreement and currently there is no formal
procedure for the consideration of these Agreements . The C ounty has s ignificant disc retion whether to enter into
these Agreements. How ever, other than the length of the term of the Agreements, the substantive requirements are
mandated by State law and cannot be negotiated. Due to the increase in public awareness and the pending
revalidation deadlines, staff anticipates an increase in the number of these Agreements proposed by property owners
desiring to qualify their property for openspace land use taxation. For tax year 2010, an OpenSpac e U se
Agreement must be in plac e by December 31, 2009 for a property owner to use it for a basis to qualify for open
space land use tax valuation.
The minimum amount of land that mus t be in openspace use to qualify for openspace land use taxation is twenty
acres as required by the County Code. State law allow s for the minimum to be as little as five acres unless a
greater ac reage is required by local ordinance.
STRA TEGIC PLAN:
Objective 4.2: By June 30, 2010, increase the protec tion of the County ’s rural areas by implementing the key
strategies of the Rural Area Plan.
DISCU SSION :
Staff recommends that the Board establis h a process to efficiently c ons ider and acc ept OpenSpace Use
Agreements. In order to efficiently process requests for these Agreements and to meet the timelines for the Land
Use Tax Program, it is recommended that:
1. The Board authorize the County Executive to enter into OpenSpace Use Agreements on its behalf. Given
the number of proposed Agreements expected in coming months , staff would propose a process by which
the County Ex ecutive would be authorized to execute such Agreements after reviews by the C ounty
As sessor, Department of Community Development, and the C ounty Attorney. (See Attachment C)
2. The Board fix a term for OpenSpace Use Agreements. Though the contents of Agreements are largely
fixed by state law, Agreements may have a term of four to ten y ears. The Board has similar discretion in
s etting the length of Agricultural and Forestal D istricts (AFD ’s), but generally has chosen to give all AFD’s a
uniform duration of ten years. The Board could set a similar policy by accepting OpenSpace Use
Agreements only for a term of ten years, or could instead choose to accept any Agreement of four to ten
y ears.
3. Give guidance on whether the Board wishes to accept Agreements on partial properties. Owners may wish
to offer Agreements on only a portion of certain parcels. While legally allowable, the dividing of parcels
poses adminis trative and enforc ement challenges. Community Development, in particular, will have to
determine what property is res tric ted by the Agreement to be able to enforce the subdivision and
development res trictions. This would likely require a survey plat to depict the boundaries of the property
s ubject to the Agreement. Notwithstanding the administrative difficulties, s taff does not want to rule out
entering into an Agreement over a sizable parcel where only a v ery small portion is proposed to be
excluded. Staff recommends that the Board authorize the County Executiv e to execute Agreements for
only whole parcels , but that proposed Agreements for only partial parcels be c onsidered on a casebycas e
basis by the Board.
BUDGET IMPACT:
Authorizing the County Ex ecutive to enter into OpenSpace U se Agreements would streamline the process and
minimize the administrative burden that w ould otherwis e be required to s chedule the authorization for a Board
meeting, prepare an exec utive summary , and then hav e the Board act on the authorization.
RECOMMENDA TION S:
Staff recommends that the Board adopt the attached R esolution to authorize the County Executive to enter
into OpenSpace Use Agreements on behalf of the C ounty, provided that the Agreements are approv ed as to
form and content by the County Attorney and apply to the whole parcel. Staff also requests the Board to
provide direction regarding the period of time it wishes to require to be the term of OpenSpace Use
Agreements.
ATTAC HMENTS
A – Proposed Resolution
B OpenSpace Use Agreement
C – Suggested Procedure for Accepting Agreements
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
RESOLUTION TO AUTHORIZE COUNTY EXECUTIVE TO ENTER INTO OPEN SPACE
USE AGREEMENTS WITH LANDOWNERS
WHEREAS, Albemarle County has established a special land assessment program for the
preservation of real estate devoted to open space pursuant to Virginia Code § 58.13233; and
WHEREAS, a landowner may qualify for the special land assessment program for the
preservation of open space upon the execution and recordation of a written open space use agreement
between the landowner and the Board of Supervisors; and
WHEREAS, to qualify for the special land assessment program for the preservation of open
space, the real estate to be entered into the program must meet the general and specific standards
promulgated by the Director of the Department of Conservation and Historic Resources as set forth in the
Manual of the State Land Evaluation Advisory Council; and
WHEREAS, certain landowners have requested that the Board of Supervisors enter into Open
Space Use Agreements for the preservation of certain land owned by them for the purposes of qualifying
for the special land assessment program under the open space category.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
authorizes the County Executive, on behalf of the County, to execute Open Space Use Agreements with
landowners whose land meets the general and specific standards as promulgated by the Director of the
Department of Conservation and Historic Resources for entering into an Open Space Use Agreement
committing the landowner not to change the use of the land to a nonqualifying use for a time period of 4
10 years, provided that such Agreements apply to an entire parcel and are approved as to form and
content by the County Attorney.
Go to next attachment
Return to exec summary
Attachment B
1
This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number(s): __________
This instrument is exempt from taxation under Virginia Code § 58.1-811(A)(3) and Clerk’s fees under Virginia Code
§17.1-266.
OPEN-SPACE USE AGREEMENT
This Agreement, made this _____ day of ____________________, 20______
between______________________________________________________, hereafter called the
Owner, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, hereinafter called the County, recites and provides as follows:
RECITALS
1. The Owner is the owner of certain real estate, described below, hereinafter called the Property; and
2. The County is the local governing body having real estate tax jurisdiction over the Property; and
3. The County has determined:
A. That it is in the public interest that the Property should be provided or preserved for
________________________________________________________________________
________________________________________________________________________
B. That the Property meets the applicable criteria for real estate devoted to open-space use as
prescribed in Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia,
and the standards for classifying such real estate prescribed by the Director of the Virginia
Department of Conservation and Recreation; and
C. That the provisions of this agreement meet the requirements and standards prescribed under §
58.1-3233 of the Code of Virginia for recorded commitments by landowners not to change an
open-space use to a nonqualifying use; and
4. The Owner is willing to make a written recorded commitment to preserve and protect the open-
space uses of the Property during the term of this agreement in order for the Property to be taxed on
the basis of a use assessment and the Owner has submitted an application for such taxation to the
assessing officer of the County pursuant to § 58.1-3234 of the Code of Virginia and Article VIII,
Chapter 15 of the Albemarle County Code; and
5. The County is willing to extend the tax for the Property on the basis of a use assessment
commencing with the next succeeding tax year and continuing for the term of this agreement, in
consideration of the Owner's commitment to preserve and protect the open-space uses of the
property, and on the condition that the Owner's application is satisfactory and that all other
requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and Article VIII, Chapter 15
of the Albemarle County Code are complied with.
Attachment B
2
NOW THEREFORE, in consideration of the recitals and the mutual benefits, covenants and
terms herein contained the parties hereby covenant and agree as follows:
1. This agreement shall apply to all of the following described real estate:
______________________________________________________________________________
2. The Owner agrees that during the term of this agreement:
A. There shall be no change in the use or uses of the Property that exist as of the date of this
agreement to any use that would not qualify as an open-space use.
B. There shall be no display of billboards, signs or other advertisements on the property, except
to (i) state solely the name of the Owner and the address of the Property; (ii) advertise the sale or
lease of the Property; (iii) advertise the sale of goods or services produced pursuant to the
permitted use of the Property; or (iv) provide warnings. No sign shall exceed four feet by four
feet.
C. There shall be no construction, placement or maintenance of any structure on the Property
unless such structure is either:
(1) on the Property as of the date of this agreement; or
(2) related to and compatible with the open-space uses of the Property which this agreement
is intended to protect or provide for.
D. There shall be no accumulations of trash, garbage, ashes, waste, junk, abandoned property or
other unsightly or offensive material on the Property.
E. There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock,
minerals or other materials which alters the topography of the Property, except as required in the
construction of permissible buildings, structures and features under this agreement.
F. There shall be no construction or placement of fences, screens, hedges, walls or other similar
barriers which materially obstruct the public's view of scenic areas of the Property.
G. There shall be no removal or destruction of trees, shrubs, plants and other vegetation, except
that the Owner may:
(1) engage in agricultural, horticultural or silvicultural activities, provided that there shall be
no cutting of trees, other than selective cutting and salvage of dead or dying trees, within 100
feet of a scenic river, a scenic highway, a Virginia Byway or public property listed in the
approved State Comprehensive Outdoor Recreation Plan (Virginia Outdoors Plan); and
(2) remove vegetation which constitutes a safety, a health or an ecological hazard.
H. There shall be no alteration or manipulation of natural water courses, shores, marshes,
swamps, wetlands or other water bodies, nor any activities or uses which adversely affect water
quality, level or flow. [Required only for properties which are to be provided or preserved for
natural areas left in undeveloped states, including floodways]
I. On areas of the Property that are being provided or preserved for conservation of land,
floodways or other natural resources, or that are to be left in a relatively natural or
Attachment B
3
underdeveloped state, there shall be no operation of dune buggies, all-terrain vehicles,
motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to
inspect, protect or preserve the area. [Required only for properties which are to be provided or
preserved for natural areas left in undeveloped states, including floodways]
J. There shall be no industrial or commercial activities conducted on the Property, except for the
continuation of agricultural, horticultural or silvicultural activities; or activities that are
conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop
or similar structure which is permitted on the property.
K. There shall be no separation or split-off of lots, pieces or parcels from the Property. The
Property may be sold or transferred during the term of this agreement only as the same entire
parcel that is the subject of this agreement; provided, however, that the Owner may grant to a
public body or bodies open-space, conservation or historic preservation easements which apply
to all or part of the Property.
3. This agreement shall be effective upon acceptance by the County; provided, however, that the real
estate tax for the Property shall not be extended on the basis of its use value until the next succeeding
tax year following timely application by the Owner for use assessment and taxation in accordance
with Article VIII, Chapter 15 of the Albemarle County Code. Thereafter, this agreement shall remain
in effect for a term of _______ [Insert a period of not less than 4 nor more than 10] consecutive tax
years.
4. Nothing contained herein shall be construed as giving to the public a right to enter upon or to use
the Property or any portion thereof, except as the Owner may otherwise allow, consistent with the
provisions of this agreement.
5. The County shall have the right at all reasonable times to enter the Property to determine whether
the Owner is complying with the provisions of this agreement.
6. Nothing in this agreement shall be construed to create in the public or any member thereof a right
to maintain a suit for any damages against the Owner for any violation of this agreement.
7. Nothing in this agreement shall be construed to permit the Owner to conduct any activity or to
build or maintain any improvement which is otherwise prohibited by law.
8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction,
the remainder of the agreement shall not be affected thereby.
9. The provisions of this agreement shall run with the land and be binding upon the parties, their
successors, assigns, personal representatives, and heirs.
10. Words of one gender used herein shall include the other gender, and words in the singular shall
include words in the plural, whenever the sense requires.
11. This agreement may be terminated in the manner provided in § 15.2-4314 of the Code of Virginia
for withdrawal of land from an agricultural, a forestal or an agricultural and forestal district.
12. Upon termination of this agreement, the Property shall thereafter be assessed and taxed at its fair
market value, regardless of its actual use, unless the County determines otherwise in accordance with
applicable law.
Attachment B
4
13. Upon execution of this agreement, it shall be recorded with the record of land titles in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia, at the Owner's expense.
14. NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE PROPERTY
QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS OF USE CHANGES TO A
NONQUALIFYING USE OR USES, OR WHEN THE ZONING FOR THE PROPERTY
CHANGES TO A MORE INTENSIVE USE AT THE REQUEST OF THE OWNER, THE
PROPERTY, OR SUCH PORTION OF THE PROPERTY WHICH NO LONGER QUALIFIES,
SHALL BE SUBJECT TO ROLL-BACK TAXES IN ACCORDANCE WITH § 58.1-3237 OF THE
CODE OF VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE OBLIGATIONS
AND LIABILITIES OF SAID CODE SECTION.
OWNER
______________________________(SEAL)
[Owner]
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF___________________:
The foregoing Open-Space Use Agreement was signed, sworn to and acknowledged
before me this _______ day of _______________, 200___, by [Owner], Owner.
______________________________
Notary Public
My Commission Expires: ______________
Notary Registration No. ________________
COUNTY OF ALBEMARLE, VIRGINIA
By:______________________________
Robert W. Tucker, Jr., County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF___________________:
The foregoing Open-Space Use Agreement was signed, sworn to and acknowledged before
me this _______ day of _______________, ____ by Robert W. Tucker, Jr., County Executive, on
behalf of the County of Albemarle, Virginia.
______________________________
Notary Public
My Commission Expires: ______________
Registration number: ___________________
Approved as to form:
By:___________________
County Attorney
ATTA CHMENT C
PROPOSED PROC EDUR E FOR PROCESSING OPEN SPACE AGREEMENTS
1) The Property owner(s) meet with the Assessor’s Office to prepare an initial draft of the OpenSpace U se
Agreement.
2) The Department of Community Dev elopment v erifies that the parc el(s) meet the C omprehensiv e Plan for
Open Space.
3) The C ounty Attorney reviews as to proper form.
4) The owner(s) sign the propos ed Agreement.
5) The C ounty Executive signs the proposed Agreement.
6) The signed agreement is returned to C ounty Attorney for recordation in Circuit Court Clerk ’s Office.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Zoning Ordinance Fees
SUBJECT/PR OPOSAL/REQUEST:
Adoption of resolution of intent to amend Zoning
Ordinance Fees
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
Cilimberg and Fritz; and Ms. McCulley
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFOR MA TION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On Augus t 5, 2009 the Board held a work session to dis cuss the approach to amending Zoning Ordinance Fees. At
that meeting the Board directed staff to prepare a res olution of intent to initiate the process to amend the Zoning
Ordinanc e fees.
STRA TEGIC PLAN:
Goal 5: Fund the County ’s Future Needs.
DISCU SSION :
At its August 5, 2009 work session, the Board discus sed and supported staff’s fee recommendations as stated in
Attachment C of the August 5th exec utiv e summary. In summary, the ordinance w ould adopt the fee structure
recommended in the Fee Study with five key differences briefly noted below :
1. Special Use Permits (SPs) – The fee structure would be simplified into two groups for major and minor
SPs, w ith a bas e fee and a separate fee for complex applications requiring multiple resubmis sions.
2. Zoning Map Amendments (ZMAs) – Staff recommended a similar approach for ZMAs as that for SPs, and
fees would be based on a per review basis.
3. Appeals – Staff recommended a much lower fee recovery than proposed in the Fee Study , and the fees
w ould be based only on the administrative cost of processing the application.
4. N otices and Advertisements – Staff recommended new fees for both required notifications and
advertisements. The recommended fee for notifications is identical to that rec ently adopted in the
Subdivision Ordinance. For required legal advertisements, staff is recommending the County recover the
actual cost of advertising the application.
5. Architectural R eview Board Staff’s recommended fee is a compilation of sev eral fees in the Fee Study,
but lower than the Study’s recommendation. The staffrecommended fee reflects staff’s ass ess ment of
c osts for these review s and recently proposed changes that staff believes w ill low er review costs.
Adoption of the resolution of intent will allow the ordinanc e amendment process to continue towards adoption.
BUDGET IMPACT:
The County currently collects approximately $182,000 from zoning fees in an average year. Staff anticipates the
County would collect approximately $521,000 in an average year from the zoning fees recommended by staff,
resulting in a $339,000 increase in revenue in an average year. Assuming the recommended fees w ere implemented
by January 2010 and the number of applications is onehalf of average, staff estimates a revenue increase of
$85,000 for the remainder of FY 0910 and $170,000 for FY 1011.
RECOMMENDA TION S:
Staff recommends that the Board adopt the resolution of intent (Attachment A) to amend the Zoning Ordinance fees .
ATTAC HMENTS
Attachment A – Resolution of Intent
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
RESOLUTION OF INTENT
WHEREAS, Section 35, Fees, of the Zoning Ordinance (Chapter 18 of the Albemarle County
Code) establishes a schedule of fees for various zoning related applications and approvals under the
Zoning Ordinance; and
WHEREAS, the fees imposed are inadequate to cover the reasonable cost of the services
provided by the County in the implementation and administration of the Zoning Ordinance; and
WHEREAS, the County has conducted an extensive fee study to determine the cost of services
provided by the County under the Zoning Ordinance; and
WHEREAS, it is desired to amend Section 35 of the Zoning Ordinance in order to establish a
schedule of fees that is adequate to cover the reasonable cost of the services provided.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors
hereby adopts a resolution of intent to amend Section 35 of the Zoning Ordinance to achieve the purposes
described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on
the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations
to the Board of Supervisors at the earliest possible date.
Return to exec summary
I. Comparison of New Residential Dwelling Units (Table I & Chart A)
II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV)
III. Comparison of All Building Permits (Table V)
KEY TO TYPES OF HOUSING REFERRED TO IN REPORT
SF Single-Family (includes modular)
SFA Single-Family Attached
SF/TH Single-Family Townhouse
SFC Single-Family Condominium
DUP Duplex
MF Multi-Family
MHC Mobile Home in the County (not in an existing park)
AA Accessory Apartment
Charlottesville, Virginia 22902-4596
(434) 296-5832
INDEX
Office of Geographic Data Services
401 McIntire Road
Community Development Department
2009
SECOND QUARTER
BUILDING REPORT
County of Albemarle
- 2 -
I. Comparison of Residential Dwelling Units
Table I. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area
2009
Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Totals
1st Quarter 88 57 381 96 184 52 51 26 157 123 81 64 267 57 78 49 38 20 58
2nd Quarter 351 88 292 86 133 90 105 107 121 66 101 80 232 38 86 53 71 26 97
3rd Quarter 78 55 305 66 103 72 72 82 188 46 65 67 73 67 47 47
4th Quarter 105 53 426 68 361 84 90 66 68 61 68 49 57 40 28 30
622 253 1404 316 781 298 318 281 534 296 315 260 629 202 239 179 109 46
Chart A. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area
155575 831 418
COMP PLAN
AREA
TOTALS
Quarter
YEAR TO
DATE
TOTALS
8301079 599875 1720
During the second quarter of 2009, 97 building permits were issued for 97 dwelling units. There were 3 permits issued for mobile homes in
existing parks, at an exchange rate of $2,500, for a total of $7,500. There were no permits issued for the conversion of an apartment to a
condominium.
2001 2002 2003 2004 2005 2006 200920082007
Nine Year Comparison of New Residential Dwelling Units
0
200
400
600
800
1000
1200
1400
1600
Dev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural Area2001 2002 2003 2004 2005 2006 2007 2008 2009*Dwelling UnitsSF Unit Other Units*Through Second Quarter
Prepared by the Albemarle County Office of Geographic Data Services
- 3 -
2nd Quarter 2009
II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE
Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type
MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL
DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS
RIO 9 019000002829%
JACK JOUETT 0 05000016 6%
RIVANNA 5 0 26 000013233%
SAMUEL MILLER 7 00000007 7%
SCOTTSVILLE 7 00000007 7%
WHITE HALL 16 00000101718%
TOTAL 44 0 50 0001297100%
Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type
DWELLING UNIT TYPE TOTAL % TOTAL
SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS
URBAN NEIGHBORHOOD 1 00000000 0 0%
URBAN NEIGHBORHOOD 2 70000000 7 7%
URBAN NEIGHBORHOOD 3 0 0 26 00000 26 27%
URBAN NEIGHBORHOOD 4 20000000 2 2%
URBAN NEIGHBORHOOD 5 00000000 0 0%
URBAN NEIGHBORHOOD 6 10500000 6 6%
URBAN NEIGHBORHOOD 7 00000000 0 0%
1003100000 41 42%
CROZET COMMUNITY 70000000 7 7%
HOLLYMEAD COMMUNITY 2 0 19 00000 21 22%
PINEY MOUNTAIN COMMUNITY 00000000 0 0%
901900000 28 29%
RIVANNA VILLAGE 20000000 2 2%
20000000 2 2%
2105000000 71 73%
RURAL AREA 1 60000011 8 8%
RURAL AREA 2 40000001 5 5%
RURAL AREA 3 10 0000000 10 10%
RURAL AREA 4 30000000 3 3%
23 0000012 26 27%
4405000012 97 100% TOTAL
DEVELOPMENT AREA SUBTOTAL
RURAL AREA SUBTOTAL
COMPREHENSIVE PLAN AREA
URBAN AREAS SUBTOTAL
COMMUNITIES SUBTOTAL
VILLAGE SUBTOTAL
Prepared by the Albemarle County Office of Geographic Data Services
- 4 -
2nd Quarter 2009
II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued)
Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type
% TOTAL
SF SF/TH DUP MHC UNITS
Agnor-Hurt 6 0 0 0 7%
Baker Butler 1 0 0 0 1%
Broadus Wood 4 0 0 1 5%
Brownsville 8 0 0 0 8%
Cale 2 0 0 0 2%
Crozet 5 0 0 0 5%
Greer 0 5 0 0 5%
Hollymead 2 19 0 0 22%
Meriwether Lewis 2 0 0 0 2%
Murray 3 0 0 0 3%
Red Hill 2 0 0 0 2%
Scottsville 3 0 0 0 3%
Stone Robinson 5 12 0 0 19%
Stony Point 0 14 0 0 14%
Woodbrook 1 0 0 0 1%
Yancey 0 0 0 0 0%
TOTAL
III. COMPARISON OF ALL BUILDING PERMITS
Table V. Estimated Cost of Construction by Magisterial District and Construction Type
MAGISTERIAL NEW *NEW NON-RES. **NEW COMMERCIAL FARM BUILDING
DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM.
No. No. No. No. No.
RIO 28 28 0 30 86
JOUETT 6 25 1 7 39
RIVANNA 32 24 2 22 80
S. MILLER 7 44 4 14 69
SCOTTSVILLE 7 23 11 13 54
WHITE HALL 17 34 2 21 74
* Additional value of mobile homes placed in existing parks is included in the Alteration Residential category.
* Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category.
* Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the
residential component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs.
** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and
commercial uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other
tables of the Building Report as permitting occurs.
TOTAL
100%
107 4025,794,686$ 77,445,009$
Amount-$
0
9,328,000$
24,661,604$
40,000$
325,000$
-$
0
2
1,049,406$
1,948,625$
931,500$
1,025,434$
1
170,000$
Amount-$
0
5
21
97
TOTAL
UNITS
18
14
1
0
2
0
7
1
5
8
3
2
5
0
0
0
00
1
0
0
0
0
0
1
0
0
0
0
0
0
Amount-$
612,615$ 4,947,000$
0
Amount-$
0
0
44 0
669,720$
TOTAL 27,649,500$ 9,111,219$ 20 34,889,604$
535,000$
2,399,000$
9,145,500$
97
759,560$
2,354,198$
178
714,800$
3,404,046$
1,225,000$
7,736,000$
2,197,000$
1,266,000$
0
0
2
3
Amount-$
0
0
0
0
0
0
0
0
6,585,049$
27,322,604$
9,540,206$
7,874,671$
13,418,060$
12,704,418$
00
00
00
0
0
00
0
0
SCHOOL
DISTRICT SFA SFC
DWELLING UNIT TYPE
MF AA
00
00
00
00
00
00
00
00
0
50 0
00
Prepared by the Albemarle County Office of Geographic Data Services
I. Comparison of New Residential Dwelling Units (Table I & Chart A)
II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV)
III. Comparison of All Building Permits (Table V)
KEY TO TYPES OF HOUSING REFERRED TO IN REPORT
SF Single-Family (includes modular)
SFA Single-Family Attached
SF/TH Single-Family Townhouse
SFC Single-Family Condominium
DUP Duplex
MF Multi-Family
MHC Mobile Home in the County (not in an existing park)
AA Accessory Apartment
Community Development Department
2009
SECOND QUARTER
CERTIFICATE OF OCCUPANCY REPORT
County of Albemarle
INDEX
Office of Geographic Data Services
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5832
- 1 -
I. Comparison of Residential Dwelling Units
Table I. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area
Dev Rural Dev Rural Dev Rural
1st Quarter 91 36 166 36 57 47
2nd Quarter 132 75 52 48 52 32
3rd Quarter 104 47 57 45
4th Quarter 66 62 65 42
393 220 340 171 109 79
Chart A. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area
0
188
2009
Totals
104
84
2009
Totals
0102
207
127
100
107
151
Quarter
YEAR TO
DATE
TOTALS
511613
COMP PLAN
AREA
TOTALS
128
Totals
202
During the second quarter of 2009, 82 certificates of occupancy were issued for 84 dwelling units. There were 7 certificates of occupancy issued
for mobile homes in existing parks, at an exchange rate of $2,500, for a total of $17,500. There were no certificates of occupancy issued for the
conversion of an apartment to a condominium.
200820082007 2007
Annual Comparison of New Residential Dwelling Units
0
50
100
150
200
250
300
350
400
450
Dev
Area
Rural
Area
Dev
Area
Rural
Area
Dev
Area
Rural
Area
Dev
Area
Rural
Area
Dev
Area
Rural
Area
2007 2008 2009* 2010 2011Dwelling UnitsSF Unit Other Units*Through Second Quarter
Prepared by the Albemarle County Office of Geographic Data Services
- 2 -
2nd Quarter 2009
II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE
Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type
MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL
DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS
RIO 1 01000013 4%
JACK JOUETT 0 04000004 5%
RIVANNA 6 0 18 000102530%
SAMUEL MILLER 11 01000001214%
SCOTTSVILLE 9 00000121214%
WHITE HALL 19 31040102833%
TOTAL 46 3 25 0403384100%
Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type
DWELLING UNIT TYPE TOTAL % TOTAL
SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS
URBAN NEIGHBORHOOD 1 00300001 4 5%
URBAN NEIGHBORHOOD 2 00000000 0 0%
URBAN NEIGHBORHOOD 3 0 0 18 00000 18 21%
URBAN NEIGHBORHOOD 4 30000000 3 4%
URBAN NEIGHBORHOOD 5 20000002 4 5%
URBAN NEIGHBORHOOD 6 00100000 1 1%
URBAN NEIGHBORHOOD 7 00000000 0 0%
502200003 30 36%
CROZET COMMUNITY 11 3104000 19 23%
HOLLYMEAD COMMUNITY 10100000 2 2%
PINEY MOUNTAIN COMMUNITY 00000000 0 0%
123204000 21 25%
RIVANNA VILLAGE 10000000 1 1%
10000000 1 1%
1832404003 52 62%
RURAL AREA 1 80100010 10 12%
RURAL AREA 2 40000010 5 6%
RURAL AREA 3 10 0000000 10 12%
RURAL AREA 4 60000010 7 8%
28 0100030 32 38%
4632504033 84 100% TOTAL
DEVELOPMENT AREA SUBTOTAL
RURAL AREA SUBTOTAL
COMPREHENSIVE PLAN AREA
URBAN AREAS SUBTOTAL
COMMUNITIES SUBTOTAL
VILLAGE SUBTOTAL
Prepared by the Albemarle County Office of Geographic Data Services
- 3 -
2nd Quarter 2009
II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued)
Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type
% TOTAL
SF SF/TH DUP MHC UNITS
Agnor-Hurt 1 0 0 0 2%
Baker Butler 1 0 0 0 1%
Broadus Wood 3 0 0 0 4%
Brownsville 11 0 4 0 18%
Cale 5 0 0 0 8%
Crozet 3 1 0 1 10%
Greer 0 4 0 0 5%
Hollymead 1 1 0 0 2%
Meriwether Lewis 4 0 0 0 5%
Murray 3 1 0 0 5%
Red Hill 4 0 0 0 5%
Scottsville 0 0 0 0 0%
Stone Robinson 6 18 0 1 30%
Stony Point 1 0 0 0 1%
Woodbrook 0 0 0 0 0%
Yancey 3 0 0 1 5%
TOTAL
III. COMPARISON OF ALL BUILDING PERMITS
Table V. Estimated Cost of Construction by Magisterial District and Construction Type
MAGISTERIAL #NEW *NEW NON-RES. **NEW COMMERCIAL FARM BUILDING
DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM.
No. No. No. No. No.
RIO 3 14 0 5 22
JOUETT 4 9 0 2 15
RIVANNA 25 21 1 3 50
S. MILLER 12 34 3 1 50
SCOTTSVILLE 12 28 2 3 45
WHITE HALL 26 30 2 5 63
* Additional value of mobile homes placed in existing parks is included in the Alteration Residential category.
* Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category.
* Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the residential
component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs.
** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and commercial
uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other tables of the Building
Report as permitting occurs.
00
00
0
46 3
0
00
30
00
00
00
SCHOOL
DISTRICT SFA SFC
DWELLING UNIT TYPE
MF
0
25 0
0 0
0
00
0
0
0
5,554,100$
21,114,050$
00
00
00
00
2,321,301$
2,239,000$
10,308,245$
6,125,055$
Amount-$ Amount-$
0
0
TOTAL
Amount-$
0
0
0
1,007,500$
1,479,055$
668,000$
9,251,000$
4,558,000$
1,525,000$
3,109,000$
11,899,500$
82
1,821,100$
1,859,550$
136
355,000$
TOTAL 29,755,500$ 8,236,205$ 8 7,607,545$
7,000,000$
1,507,301$
46,000$
00
Amount-$
544,000$ 270,000$
0
0
0
0
0
0
0
0
-$
0
0
0
4
515,000$
-$
7,545$
85,000$
0
0
0
00
2
0
0
AA
1
0
0
0
303
0
2
1
3
15
4
0
7
8
4
2
109,000$
84
TOTAL
UNITS
25
1
0
4
4
4
..
100%
19 2452,062,501$ 47,661,751$
Amount-$
42,200$
3,000$
Prepared by the Albemarle County Office of Geographic Data Services
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proffer Management FY09 Fourth Quarter C ash
and NonCash Proffer Report
SUBJECT/PR OPOSAL/REQUEST:
Report of c ash proffer revenue, expenditures for
April – June of 2009 and status update of noncash
proffers
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Graham and Higgins;
and Ms. McCulley and Ms. Baldwin
LEGAL R EVIEW:
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION: X
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
This report includes cash proffer activity for the months of April through June of 2009 (4th quarter of FY 09). At the
Board’s directive, this report also includes an update of certain noncash proffer activity by category. Staff presently
tracks 44 different proffer categories; many of these are used to alert staff of proffer requirements during the review
of a plan or permit and do not involve public improvements (see Attachment A). Staff has identified six (6) major
noncas h proffer categories that do involve direct public improvements or land dedic ations. These categories are:
(A) Affordable Housing, (B) Parks, Recreation and Open Space, (C ) Fire, R escue and Public Safety , (D) Roads or
other Transportation Improvements, (E) Schools and (F) Land Dedications (in general). Additionally, this report
contains an update of all future obligations within the aforementioned categories. Thes e categories , as w ell as many
others hav e recently been updated from 1990 to the pres ent. Although this initial enhanced report contains historic al
data regarding noncas h proffers spanning the past 20 years, future reports w ill prov ide updates specific to the
reporting quarter.
STRA TEGIC PLAN:
Goal 3: Develop Infras tructure Improvements to Address the County’s Growing Needs.
Goal 5: Fund the County ’s Future Needs.
DISCU SSION :
CASH PROFFERS
A. Proffered: N o rezonings were approved this quarter.
B. Total Obligated C ash Proffers: Since no rez onings were approved this quarter, the total obligated cash
proffer amount remains the s ame as the prior three quarters $56,758,832.
C. Revenue: The County received $1,000 in cas h proffers from Belvedere (ZMA 20047). The money is
designated for affordable housing.
D. Total Interest Earnings: The total interest earned from collected proffers is $314,729.
E. Expenditures: D uring the third quarter, $7,000 c ollected from the Westhall rezoning was alloc ated to the
C rozet Block Mas ter Plan.
F. C urrent Available Funds: As of June, there is $989,549 available in collected cash proffers (see
Attachment B).
NONCASH PROFFER S
The categories and corresponding data represented below D O NOT include improvements and programs made
through the use of cash proffers. For example, this nonc ash proffer report w ould not identify the fac t that $300,000
received from a North Pointe proffer was used to provide an average of $13,350 in down payment as sistance for
twentythree eligible homebuyers. Additionally, proffered road improvements do not include what the County would
normally require as part of any byright subdivision plat or site plan.
N ONCA SH PR OFFERS B Y
C ATEGORY
PROFFERED TODATE RECEIVED (FROM 1990PRESENT)
A . Affordable Housing Over 1600 dw elling units*16 dwelling units
B . Parks, R ecreation & Open Space 32 greenways
4 park sites
15 greenw ays totaling 5.9 ac res
C . Fire, Rescue & Public Safety 2 fire station sites 2 fire station sites totaling 11 acres
D . Roads and Other Transportation
Improvements
38 Intersection Improvements
16 Mass Trans it
Improvements
76 R oad W idening/New
R oads
19 Inters ection Improvements
5 Mass Transit Improvements
28 Road W idening/New R oads
E. Schools 2 schools sites**
F. Other Land Dedications 1 library site
1 site for public facilities
1 site for public facilities totaling 5
acres
* Based on maximum buildout.
**The North Point school s ite can also be used as a park .
BUDGET IMPACT:
Both cas h and noncash proffers continue to provide a positive impac t to the budget.
RECOMMENDA TION S:
In addition to the standard quarterly update of cash proffers, this report now provides information (in six major
categories) about noncas h proffers from 1990 to the present. Future reports will provide cash and noncash updates
based on the reporting quarter.
ATTAC HMENTS
Attachment A – List of Proffer Categories
Attachment B – Quarterly C ash Proffer Report
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
ATTACHMENT A-PROFFER CATEGORIES
# Code Description of Code State Code
1 AFF Affordable Housing Yes
2 ELD Age-Restricted-Elderly Yes
3 AA Annual Adjustment to Cash Proffer
4 BU Buffer
5 CIP Capital Improvement Program Yes
6 CASH Cash Proffer
7 CC Community Center Yes
8 COM Compliance with Conditions
9 CONS Construction
10 CP/R County-Parks, Recreation and Open Space Yes
11 D/E Dedication/Easement
12 DS Design Standards
13 DEV Development Standards
14 DU Dwelling Units Limited
15 E/S Erosion & Sediment
16 FR/P Fire, Rescue & Public Safety Yes
17 GA General Accord with the Plan
18 GRA Grading
19 GRN Greenway
20 HIST Historic/Archeology
21 LAN Landscaping
22 GREE LEED, Earthcraft or other Green Bldg.
23 LIB Libraries Yes
24 LOT Minimum/Maximum Lot size
25 SF Minimum/Maximum sq.ft. or height
26 MISC Miscellaneous
27 DIV No subdivision or division or property
28 OS/C Open or common space
29 PAR Parking
30 PHA Phasing of Plan
31 PP/R Private-Parks, Recreation or Open Space
32 PTRA Public transportation
33 REN Rental-AFF
34 TRAN Roads or other Transportation Improvements Yes
35 RROW Roads/ROW
36 SAL Sale-AFF
37 SCH Schools Yes
38 SCR Screening
39 SET Setbacks
40 SW Sidewalks
41 SWM Stormwater Management Yes
42 SIG Traffic Signal
43 USES Uses Limited
44 UTL Utilities
Cash Proffers-FY 09 4th QuarterAttachment B !"#$!"%& $’$"! !#$$ !%($" "!!$ (! ""&$#!#!#! %(&#!!! """&#!%&" &)*$#$$+$%( !&,$# (&$#$!$& %&+$"$!$"!%""&! &(’"# &&(%"!$! ""(% #!% #!!( !%%$%"#!% &"&%"#& (%(%"#% &!#( (&! & "%((! (! %%% ! &&&!%& ("!"- ( !!."" !"%
1MEMBERTERM EXPIRESNEW TERMEXPIRESWISH TO BE RE-APPOINTED?DISTRICT IFMAGISTERIALAPPOINTMENTACE Appraisal Review Committee Joseph Samuels12/31/200912/31/2010Eligible No Action Required ACE Appraisal Review Committee Ross Stevens12/31/200912/31/2010Eligible No Action Required Albemarle County Service Authority Richard Carter12/31/200912/31/2013Eligible, District, Jack JouettNo Action Required Albemarle County Service Authority Liz Palmer12/31/200912/31/2013Eligible, District, Samuel MillerNo Action Required Albemarle County Service Authority Doanld Wagner12/31/200912/31/2013Eligible, District, RioNo Action Required Board of Building Code Appeals Doug Lowe 11/21/200911/21/2014EligibleNo Action Required Board of Social Services Kate Rosenfield12/31/200912/31/2013Eligible, District, Samuel MillerNo Action Required Board of Social Services Mary Lou Fowler 12/31/200912/31/2013Eligible, District, Jack Jouett No Action Required Board of Social Services Brenda Doremus-Daniel12/31/200912/31/2013Ineligible, District, RioNo Action Required Charlottesville/Albemarle Airport Authority Kurt Goodwin 12/1/200912/1/2012Ineligible, Joint appointeeNo Action Required Community Mobility Committee Robert Michael Burke, Jr.9/5/20099/5/2011YesAction Required Equalization BoardAlan Collier12/31/200912/31/2010Eligible, District, RivannaNo Action Required Equalization BoardDavid Cooke12/31/200912/31/2010Eligible, District, Jack JouettNo Action Required Equalization BoardVirginia Gardner 12/31/200912/31/2010Eligible, District, White HallNo Action Required Equalization BoardRosa Hudson12/31/200912/31/2010Eligible, District, Scottsville No Action Required Equalization BoardKathy Rash 12/31/200912/31/2010Eligible, District, Rio No Action Required Equalization BoardAlice Nye Fitch 12/31/200912/31/2010Eligible, District, Samuel MillerNo Action Required Fire Prevention Board of AppealsFred Huckstep11/21/200911/21/2014EligibleNo Action Required Fiscal Impact Advisory CommitteeJim Duncan7/8/20097/8/2011No Advertised, 2 received Housing Committee Drew Holzwarth 12/31/200912/31/2012EligibleNo Action Required Housing Committee Ida Simmons12/31/200912/31/2012EligibleNo Action Required Housing Committee Paul Beyer12/31/200912/31/2012EligibleNo Action Required Housing Committee Leonard Winslow 12/31/200912/31/2012Ineligible No Action Required Joint Airport Commission Kurt Goodwin12/1/200912/1/2012Ineligible No Action Required Joint Airport Commission William Dirickson 12/1/200912/1/2012Eligible No Action Required Jordan Development Corporation Scott Huang 8/13/20098/13/2010YesAction Required Jordan Development Corporation Rosa Hudson 8/13/20098/13/2010No No Action Required Land Use Tax Advisory Board Dan Maupin9/1/20099/1/2011YesAction Required Land Use Tax Advisory Board Fred Shields9/1/20099/1/2011YesAction Required Land Use Tax Advisory Board Montie Pace 9/1/20099/1/2011Yes Action Required Natural Heritage CommitteeMichael Erwin 9/30/20099/30/2013Eligible No Action Required Natural Heritage CommitteeRochelle Garwood 9/30/20099/30/2013YesAction Required Natural Heritage CommitteePeter Warren9/30/20099/30/2013No Advertised Natural Heritage CommitteeJason Woodfin 9/30/20099/30/2013No Advertised Pantops Community Advisory CouncilAnthony McHaleTBDNo Advertised
Planning CommissionEric Strucko 12/31/200912/31/2013Eligible, District, Samuel MillerNo Action Required Planning CommissionAndres Franco12/31/200912/31/2013Eligible, District, Rio No Action Required Planning CommissionMarcia Joseph 12/31/200912/31/2013Eligible, District, At-largeNo Action Required Planning CommissionBill Edgerton 12/31/200912/31/2013Eligible, District, Jack Jouett No Action Required Planning CommissionJulia Monteith 12/31/200912/31/2010Eligible, UVA No Action Required PRFAJoseph Cochran 12/13/2010Resigned NoAdvertised, 1 receivedPRFALee Rasmussen 12/13/2011Resigned No Advertised PRFAHamilton Moses12/13/200912/13/2012Eligible No Action Required PRFADavid Emmitt 12/13/200912/13/2012Eligible No Action Required PRFAWilliam Lassetter12/13/200912/13/2012Eligible No Action Required Region Ten Community Services BoardChristopher Dumler 6/30/20096/30/2012YesAction Required RSWA Citizens Advisory CommitteeStephen Kirkup12/31/200912/31/2011Ineligible No Action Required RSWA Citizens Advisory CommitteeTeri Kent12/31/200912/31/2011Eligible No Action Required RSWA Citizens Advisory CommitteeJeffery Greer12/31/200912/31/2011No Action Required Route 250 West Task Force Barbara Franko9/5/20099/5/2012YesAction Required Route 250 West Task Force Robert Bakalian 9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Bonnie Samuel 9/5/20099/5/2012YesAction Required Route 250 West Task Force Margaret DeMallie9/5/20099/5/2012NoTo be Advertised Route 250 West Task Force Dr. Martin Schulman 9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Richard Kast 9/5/20099/5/2012No Do not fill vacancy Revised 8/27/09
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Pantops C ommunity Advisory Council Update
SUBJECT/PR OPOSAL/REQUEST:
Update on Activities of the Pantops Community
Advisory C ouncil
STAFF CON TA CT(S):
Messrs. Tucker, Foley and Davis; and Ms.
Catlin, Ms. Ragsdale and Ms. Miller
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: INFORMATION: X
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: No
REVIEW ED BY:
BACK GROUND :
The Board of Supervisors created the Pantops Community Advisory Council (PCAC) in June of 2007 and appointed
11 members in anticipation of a fall approval of the Pantops Master Plan. At the public hearing on the proposed plan
held on September 12, 2007, the Board directed staff to further study and evaluate s everal community issues. The
Pantops Master Plan was adopted on March 12, 2008, officially beginning the duties of the Pantops Community
Advisory Council. An additional three members were appointed between May and July of 2008. In ac cordance with
the Pantops Master Plan, the PCAC is charged with the follow ing duties :
The Pantops Community Advisory Council (PCAC) is an advisory committee that provides assis tance
to C ounty staff and the Board of Supervisors on c ivic/community issues related to implementation of
the Pantops Mas ter Plan in accordance with established county procedures. Members will
c ommunicate with their constituenc ies to increase understanding of and support for successful
implementation of the Master Plan. The membership is broadbased to incorporate a variety of
pers pectives and ideas and to prov ide citizens, bus inesspersons and representativ es of active
c ommunity groups a chance to be engaged and be heard in a constructive and meaningful way.
As outlined in the PCAC guidelines, the group is to prov ide periodic reports to the Board of Supervis ors on the
status of the Master Plan implementation and PCAC activities in the County, with those reports consis ting of
updates of the PCAC’s progress on identified action items and on community issues related to the Master Plan
implementation. This update is the first such periodic report.
STRA TEGIC PLAN:
Strategic Objective 4.1 – BY June 30, 2010, increase citizen satisfaction with the County’s D evelopment Areas by
completing Master Plans for all of the County’s Development Areas
DISCU SSION :
The PCAC has been meeting monthly since its initial orientation session in June of 2008. The first sev eral meetings
consisted of education and familiarization w ith County policies and processes, and orientation of PCAC members to
Albemarle County’s planning and development philos ophies. Following the orientation s essions, the PCAC spent
several meetings learning about the projec ts on the Mas ter Plan implementation list; including the priorities, funding
and projected timelines for the projects. Additionally , w ith Pantops area transportation/traffic issues as one of its
major c onc erns, the PC AC has worked w ith County s taff to learn about the ways in w hich transportation projects
are prioritiz ed and funded.
ShortTerm Implementation Projects
The PCAC has sought information about shortterm Mas ter Plan implementation projects that will address some of
the community challenges brought about by the heav y traffic in the area and the difficulty of pedestrian crossings
along 250. Plans are underway for new sidewalks from WestminsterC anterbury to R olkin Road and along State
Farm
Boulev ard from 250 to S. Pantops Drive and along S. Pantops Drive to an existing sidewalk. Cross walk studies for
two major intersections , R olkin Road and H ighway 250 (the entranc e to the Rivanna R idge Shopping Center) and
Highw ays 20 and 250, are listed as priorities in the Master Plan with funding already allocated. Work is continuing
on a trail s ystem to connect the Pantops community to Darden Towe Park, w ith a major trail section being donated
by State Farm earlier this year. The PC AC fully supports these projects as critical to improving the safety and
qualityoflife for residents , employees and visitors to the area, and bringing the Neighborhood Model principles to life
on Pantops.
Work Product: PCAC C ommunityLed Initiatives
Based on the major themes in the Pantops Master Plan Implementation Table, the PC AC w orked with C ounty staff
to develop and prioritize a list of communityled initiativ es under the c ategories below. These categories address
items that the community can spearhead and move forward—other major issues such as roads and other capital
projects are not included here. These priority categories w ill provide the focus for the PCAC ’s work over the next
year:
1. Neighborhood Communications
2. Sidew alks and Pedestrian Connections
3. Parks and Open Space/Greenw ays
4. Rideshare, C arpooling, Park & Ride, Transit and Bicycling
Work Product: Discussions with Chamber to Create Pantops Business Group
Supervisor Ken Boyd and PC AC member Peggy Echols held a lunc h meeting for bus iness leaders in the Pantops
area, w ith the goal of working with the Chamber of C ommerce to develop a Pantops Business Group. Discussions
with the Chamber are in progress, with s trong support from Pantops businesses.
Work Product: PCAC Community Open House 51809
As part of its role to c ommunicate with their constituenc ies to increase understanding of and support for successful
implementation of the Master Plan, the PC AC planned and hosted a community open house to acc omplish the
following goals:
Start to create a sense of community in the Pantops area;
Introduce the community to the PCAC;
Solicit feedbac k from res idents and business es on the PC AC’s initiativ es and learn about other concerns;
and
Update the community on the Pantops Master Plan and provide time for people to ask questions about the
Plan.
PCAC/Community Concern for Traffic on Pantops
Please note that the ex clusion of trans portation/traffic in the list of communityled initiatives is not meant to imply
that the PC AC sees thes e issues as unimportant. To the contrary, the PC AC sees traffic as one of the most
critical is sues facing Pantops now and in the future, and of the highes t c oncern to thos e w ho live, w ork and play in
the area. Although the PCAC recogniz es that there is c urrently no funding for major transportation projects in the
area, as the Boardappointed advisory council, it feels that it would be remiss in its responsibilities to the Board and
to the community if it did not keep this issue at the forefront.
PCAC/Community Support for Pantops FireRescue
PCAC members have expressed their concerns and the concerns of their neighbors about the ability of firerescue
and ambulance service to reach Pantops residents in a timely manner, particularly during peak traffic times. The
PCAC appreciates the Board’s continued support for the construction of the Pantops FireRescue s tation as a
critical c ommunity facility for the development area.
Next Steps
Over the next year, the PCAC will be working to identify a few key initiatives to mov e forw ard and bring about
community involvement in those initiativ es. The PC AC w ill also continue to reach out to the residents and
business es in Pantops and w ork to build a sense of community and connection in the area.
BUDGET IMPACT:
There are no budget impacts.
RECOMMENDA TION S:
This item is for information only.
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
2010 Legislative Priorities
SUBJECT/PR OPOSAL/REQUEST:
Consideration and Approval of the 2010
Legislative Priorities
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, and Blount; and Ms.
Lyttle
LEGAL R EVIEW: Yes
A GENDA DATE:
September 2, 2009
A CTION: X INFOR MA TION:
C ONSENT AGENDA:
AC TION : INFOR MA TION:
A TTACHMENTS: Yes
R EVIEWED B Y:
BACK GROUND :
Each year the Board considers and approves its legis lativ e priorities and submits them to the Thomas J efferson
Planning D istrict Commiss ion (TJPD C) and Virginia Ass ociation of C ounties (VACo). Generally, the TJPD C’s
legislative program incorporates the County’s legislative priorities. Other initiatives are sometimes added prior to the
General Assembly ses sion. For example, last November the Board adopted a resolution to seek enabling legislation
to establish a Regional Transit Authority , and this priority was subsequently included in the Board’s and TJPDC’s
legislative program. This executive summary w ill prov ide a review of the Board’s 2009 Legislative Priorities and
request the Board to review and approve the 2010 Legislative Priorities.
STRA TEGIC PLAN:
Strategic Goals: Enhance Quality of Life for all Citizens; Protect the County’s Natural, Scenic and Historic
Resourc es; Develop Policies and Infrastructure Improv ements to Address the County ’s Grow ing Needs ; Effectively
Manage Growth and Development; Fund the County’s Future Needs .
DISCU SSION :
A review of the County’s 2009 Legislative Priorities is provided in the attached “2009 Legislative Priorities R eport”
(Attachment A). The report details any action taken on the priorities, an assessment of what priorities should be
continued in the future and links to the final legislative reports of the TJPDC , VACo and Virginia Munic ipal League
(VML).
Many of the proposed 2010 Legislative Priorities are continuations of the 2009 Legislative Priorities (Attachment B).
Three new priorities have been identified for the 2010 Legislative Priorities:
Growth Management, Land Use and Transportation
Amend Virginia Code § 33.123.1:1(C) (Attachment C) to allow for the allocation of unpaved secondary
road funds for other secondary road projects without penalizing the locality by reducing the amount of
the unpav ed secondary road funds in future y ears.
H ealth and H uman Services
Request the legislature increase funding for Local Department of Social Services (LDSS) to match all
available federal dollars to assist LDSS staffing needs in order to meet state mandated services and
w orkloads.
Local Government Administration and Finance
Amend Virginia Code § 15.2953 (Attachment D) to authorize localities to make donations to nonprofit
organizations, associations , or agencies w hich are engaged in providing energy efficiency services or
promoting energy efficiency within or without the boundaries of the locality.
After the Board’s input and approval, staff will submit the Board’s 2010 Legislative Priorities to the TJPDC and
VACo for consideration into their respective legislative programs. The 2010 TJPDC Legislative Program will return
to the Board in the fall for additional input and approval.
BUDGET IMPACT:
The County’s legislative priorities seek to ensure the s tate adequately funds its mandated responsibilities and does
not jeopardize the County’s ability to effec tively and efficiently implement the policies (including fiscal) and programs
that it deems necessary. Should the state provide additional funding for the C ounty ’s “Child Care for Low Income
Working Families” priority, a local matc h of ten percent (10%) will be required. Bey ond that priority, there are no
specific, identifiable budget impacts.
RECOMMENDA TION S:
Staff recommends that the Board approv e the proposed 2010 Legislative Priorities (Attachment B), and any additions
it feels are appropriate, for submission to the TJPDC and VAC o.
ATTAC HMENTS
A – 2009 Legislative Priorities Report
B – Proposed 2010 Legislative Priorities
C – Virginia C ode § 33.123.1:1
D – Virginia C ode § 15.2953
Ret urn t o regular agenda
2009 Legislative Priorities R eport
This report summariz es action taken regarding Albemarle’s 2009 Legislative Priorities. This report will often c ite
information from the final legis lativ e reports of the Thomas Jefferson Planning District Commiss ion (TJPDC ),
Virginia Municipal League (VML), and Virginia Association of Counties (VACo). For these organizations’ complete
reports that provide a thorough overview of local government impacts beyond Albemarle’s priorities, please use the
links below.
TJPDC: http://w ww.tjpdc.org/pdf/Liais on/09R eportFINAL.pdf
VACo: http://w ww.vaco.org/Legislativ eNews/LegPubs/LegSummary09(3).pdf
VML: http://www.vml.org/LEG/09LegRpt/09Legislativ eReport.pdf
Growth Management, Land Use and Transportation
Priority: Local AuthorityRequest that the legislature 1) strengthen localities’ authority by enabling them to
utilize adequate public facilities ordinances; and 2) not pass legislation that preempts or circumvents existing local
authority to regulate land use.
Summary: There were numerous bills introduc ed and passed by the 2009 General Assembly which impacted
local government land use authority. The following is a brief summary of such bills :
HB 1788 and SB 1276 will bar localities from prohibiting installation of alternative s ystems (where
no sewers or sewerage disposal systems are available) and it w ill limit local regulation of
maintenance requirements for such sys tems.
H B 2029 amended Virginia C ode § 15.22241 to reduce the max imum permiss ible overhead
percentage on developer performance bonds for public improvements from 25 percent to 10 percent,
until July 1, 2014.
HB 2034 amended Virginia Code §§ 15.22241 and 15.22260 to clarify the starting point for time
limits on recorded plats for phas ed s ubdivision, and extended the time period in w hich the
underly ing preliminary plat remains valid to be five years from the date of the last recorded plat.
HB 2077 extended the expiration date for: (i) any s ubdivision plat, recorded plat, or final site plan;
(ii) certain special exceptions, special use permits, or conditional use permits ; and (iii) certain
proffers that w ere valid and outstanding as of January 1, 2009, to J uly 1, 2014.
SB 1533 extended the expiration date for certain special use permits w hich are outstanding on
January 1, 2009 to J uly 1, 2011.
HB 2165 exempted c ertain small sc ale biofules production in agric ulture zoning districts from a
locality’s special use permit requirements.
(Source: TJPD C)
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Impact Fee AuthorityR equest that the legislature support impac t fee legislation that allow s for 1)
a fair allocation of cos ts representing a “prorata” offset of new growth on public facilities; 2) impac t fees for facility
costs related to transportation, schools, fire, police, emergency medic al services, libraries, stormwater management,
open space and parks/recreation lands; 3) effective implementation through simple locallybas ed formulae and
reasonable administrative requirements; 4) does not cap or limit localities’ impact fee updates; and 5) does not
diminish the existing proffer system.
Summary: There w as no legislation introduced in the 2009 General Assembly regarding the use or support of
impact fees. The 2008 General Assembly had numerous bills introduced related to this group, and
continued SB 768 to the 2009 General Assembly , but it w as not addressed this year. (Sourc e:
TJPDC)
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Conservation EasementsRequest the legislature support and augment local efforts in natural
resourc e protection through 1) Continuing to fund the Virginia Land C onservation Foundation (VLCF) for locally
established and funded Purchase of Development Rights programs (e.g. ACE Program in Albemarle County); 2)
Retaining provisions in transient occupancy tax legislation so that funds c an continue to be used to protect open
space and resources of historical, cultural, ecological and scenic v alue that attract tourism; and 3) Increase
incentives for citizens to c reate conservation easements .
Summary: The budget captures $2 million in general fund support from the VLCF and the governor is
authorized to substitute $2 million from the American Recov ery Reinves tment Act (ARRA) for land
conservation. The Purchase of D evelopment R ights grant funding was reduc ed by $500,000 in the
FY2010 budget. (Source: TJPD C) Albemarle’s ability to utilize the transient occ upancy tax to
support the ACE program was not affected by the 2009 General Assembly. (Sourc e: VACo).
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Scenic Protection and Tourist EnhancementRequest enabling legislation for Albemarle County
to provide for a scenic protection and tourist enhancement overlay dis trict. As the County pursues options to protect
the visual quality of land as an aesthetic and economic resource, this legislation w ould provide a method to ensure
full consideration of visual resources and s cenic areas when the County or state makes land use dec isions in
designated areas.
Summary: No bills were introduced to the 2009 General Assembly on this matter.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Transportation FundingRequest the legislature 1) Establish stable and consistent state
revenues for Virginia’s longterm trans portation infrastructure needs; 2) Direct funding efforts at all transportation
modes; 3) Coordinate planning for transportation and land us e, being mindful of loc al Comprehensive and regional
Transportation Plans when planning transportation systems within a locality; and 4) N ot shift transportation
respons ibilities, including maintenance, to localities.
Summary: In the current economic climate, the 2009 General Assembly was not able to establish s table and
consistent state revenues for Virginia’s longterm transportation infrastructure needs. Virginia
expects to receive federal stimulus funds for transportation projects , and the Secretary of
Trans portation is required to compile a prioritized statewide list of transportation projects ready to be
advertised for bid when funding becomes available from the ARRA. Virginia expects to receive at
least $800 million for roads and trans it capital from the federal stimulus funds and approximately
$400 million is targeted for roads. (Sourc e: VACo).
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Public Safety
Priority: Nonsurface Treated Highway (Dirt and Gravel) Speed Limits—Request the legis lature amend
Virginia Code § 46.2873.1 by adding Albemarle to the list of counties for which the provisions of the section apply .
This sec tion establishes a maximum speed limit of 35 miles per hour for nonsurface treated highways (dirt and
gravel), unless determined otherwise by the Commonwealth Transportation Commis sioner or other authority hav ing
jurisdiction over highways and indic ated by sign. The current maximum speed limit for thes e roads is 55 miles per
hour.
Summary: HB 1837 was introduc ed by Delegate Tosc ano, and passed. Unposted maximum speed limits on
nonsurfac e treated highw ays (dirt and gravel) in Albemarle C ounty are now 35 miles per hour.
Health and Human Services
Priority: Comprehensive Services A ct (C SA)Request the legislature as sist localities’ implementation of
CSA in a consis tent, financially stable manner by: 1) Fully funding the state pool for CSA with allocations based on
realistic anticipated levels of need and a cap on local expenditures for serving a child through C SA; 2) Enhanc ing
state funding for grants to localities to create communitybased alternatives for children served in C SA; 3)
Establishing s tate contracts with C SA providers to provide for a uniform contract management process, improve
vendor accountability and control cos ts; and 4) Encouraging the state to be proactive in making service providers
available and to support local and regional efforts to address areas of cost sharing among localities by procuring
services through group negotiation.
Summary: No additional funds were included in the approv ed budget to prov ide additional s tate funding to
localities for C SA administrative cost. R ather, the approved budget included an additional $3 million
reduction in funding for CSA. No changes were made in local match rates for Medicaidfunded
services provided through CSA. The budget eliminated $500,000 in grants each year to help
localities with startup costs in developing community based services for children who may
otherw ise be placed in residential care. No legislation w as introduced concerning state contracting
with residential providers. (Source: TJPDC )
Two CSArelated bills were pass ed, SB 1180 and SB 1181, and they require loc al Community
Policy and Management Teams (CPMT) and Community Services Boards (CSB) to collaborate on
local plans for intensive care coordination. It also requires the Office of C omprehensive Servic es
(OCS) to develop a plan for conducting training s essions for CPMT and FAPT members, and local
fiscal agents and chief administrativ e officers. Additionally, OCS is required to report to the State
Exec utiv e Council all expenditures associated w ith serving children who receive C SAfunded
services. This reporting requirement may help the State more accurately allocate future funds of
CSA to realistic anticipated levels of need. (Source: TJ PDC, VAC o and VML)
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Child C are for Low Income W orking FamiliesR equest the legislature provide additional funds
to local governments to assist lowinc ome working families w ith childcare costs. This funding helps w orkingclass
parents pay for supervised day care fac ilities and supports efforts for families to bec ome selfsuffic ient.
Summary: The budget reduced funding in FY2010 from the federal Temporary Assistance to N eedy Families
(TANF) block grant program. The governor is authorized to substitute no less than $3.2 million from
the ARR A to provide funding for community action agencies. (Source: VACo)
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Local Government Administration and Finance
Priority: Full Funding of State MandatesR equest the state provide full funding for its mandates in all
areas of local government including the Standards of Quality (SOQs ), positions approved by the Compensation
Board, c osts related to jails and juvenile detention centers and human services pos itions.
Summary: The FY2010 budget restored dollars which had previously been reduced in the proposed budget.
The restoration of dollars is between seven to ten percent and includes the following:
commissioners of rev enue/directors of finance ($1.7 million), c ourt clerks ($2.7 million),
commonw ealth’s attorneys ($3.5 million), treasurers ($1.1 million) and sheriffs ($5.3 million). The
FY2010 budget also restored $6.6 million for s tate aid to localities with police departments (HB
599), which kept the funding level with the previouslyreduced FY2009 amount. The budget also
added $2 million to the C ompensation Board budget to reimburse twothirds of the fringe benefit
costs for court clerk s. (Source: TJPD C). Since the adoption of the FY2010 budget significant
revenue shortfalls have c aused additional budget c uts and the impac ts of such cuts are still being
analyzed. Unfunded mandates and underfunded mandates are an ongoing issue and giv en the
State’s past actions and historical trends , it is unlikely existing unfunded and underfunded
mandates will be funded by the State.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Local C ontrol of Local RevenuesRequest the legislature tak e no action to restrict or limit the
existing local control of local revenues s o that local gov ernment leaders can take appropriate measures to generate
sufficient revenues to sus tain and improv e services.
Summary: No bills w ere approved in the 2009 session that restrict or limit existing local control of local
revenues.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Drug Court FundingRequest the legislature fully fund the Drug Court Program, which provides
effectiv e treatment and intensive supervision to drug offenders through the C ircuit C ourts of several Virginia
localities.
Summary: The approved budget continues to fully fund the Drug Court Program.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Cost to Compete Pay D ifferentialDue to the documented high cost of liv ing in Albemarle
County, request the legis lature include Albemarle C ounty Schools in the “Cost to C ompete Pay D ifferential” so that
the County may reach and maintain c ompetitive compensation to help recruit, develop and retain a highly qualified
and diverse teacher workforce.
Summary: No budget language or amendments were introduced for this priority.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities.
Priority: Land Use Taxation—Request the legislature to amend Virginia Code § 58.13237 to increase the
rollback taxes assessed against property under land use taxation that changes to a nonqualifying use to an amount
equal to the sum of the deferred tax for each of the ten most recent complete tax y ears. Currently the rollback tax
applies only to the deferred taxes relating to the five most recent tax years.
Summary: This initiative was supported by VACo but no bill w as introduced to the 2009 General Assembly.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2010 priorities
Other initiatives supported by the A lbemarle County Board of Supervisors
Priority: Regional Transit A uthority—R equest the legislature amend Title 15.2 of the Virginia Code to
enable Albemarle C ounty and the City of C harlottes ville to create a regional transit authority for the purposes of
coordinating regional transit planning and operations and extend transit service to developing areas w hile providing
faster and more frequent s ervice to the existing system.
Summary: D elegate Toscano introduced HB 2158, which enables Albemarle County and the City of
Charlottes ville to establish a transit authority. HB 2158 pass ed and became law effective July 1,
2009. (Source: TJPDC )
Priority: Transit and Transportation Funding—Request the legislature to enable Albemarle C ounty and
the City of C harlottes ville to impose an additional sales and use tax for the purpos e of creating revenue to be us ed
solely for transit and transportation initiatives in Albemarle County and the City of Charlottesville.
Summary: Delegate Toscano introduced HB 2161, which w ould have enabled Albemarle C ounty and the C ity
of Charlottesville to impose an additional sales and use tax for the purpose of creating revenue to
be used solely for transit and transportation issues. HB 2161 failed in the Finance C ommittee.
(Source: TJPDC).
Proposal: Staff has no recommendations for action.
Priority: Scenic River D esignation—Request the legis lature to expand the R ivanna Scenic River, a
component of the Virginia Scenic Rivers System, to almost 10 miles to include the length of the waterway from the
South Fork Rivanna River reservoir to the junction of the Rivanna with the James Riv er.
Summary: SB 957 was introduced by Senator D eeds to expand the sc enic river designation for the Rivanna
River to include the portion from the South Fork Riv anna reservoir to the Woolen Mills dam. SB
957 passed and became law effective July 1, 2009. (Source: TJPDC )
Go to next attachment
Return to exec summary
Albemarle C ounty 2010 Legislative Priorities
Growth Management, Land Use and Transportation
Local Authority: R equest that the legislature 1) strengthen localities’ authority by enabling them to utilize
adequate public fac ilities ordinances; and 2) not pas s legislation that preempts or circumvents existing local
authority to regulate land use.
Impact Fee A uthority: Request that the legislature support impact fee legislation that allow s for 1) a fair
allocation of costs representing a “prorata” offset of new growth on public facilities ; 2) impact fees for facility
costs related to transportation, s chools, fire, police, emergenc y medical services , libraries , stormwater
management, open space and parks /recreation lands; 3) effective implementation through simple locallybas ed
formulae and reasonable administrative requirements ; 4) does not c ap or limit loc alities’ impact fee updates ; and
5) does not diminish the existing proffer system.
C onservation Easements: Request the legislature support and augment local efforts in natural res ource
protection through 1) Continuing to fund the Virginia Land Conservation Foundation (VLC F) for locally
established and funded Purchas e of D evelopment R ights programs (e.g. ACE Program in Albemarle C ounty); 2)
Retaining provisions in transient oc cupancy tax legislation so that funds can c ontinue to be used to protect
openspace and resources of his torical, cultural, ecological and scenic value that attract tourism; and 3)
Increas e incentives for citizens to create conserv ation easements.
Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle County to prov ide
for a scenic protec tion and tourist enhancement overlay district. As the County pursues options to protect the
visual quality of land as an aesthetic and economic resource, this legislation would provide a method to ensure
full consideration of visual resources and scenic areas w hen the C ounty or state makes land use decisions in
designated areas.
Transportation Funding: Request the legislature 1) Es tablish stable and consistent state revenues for
Virginia’s longterm transportation infrastructure needs; 2) Direct funding efforts at all transportation modes; 3)
Coordinate planning for transportation and land use, being mindful of local C omprehensiv e and regional
Transportation Plans when planning transportation sys tems within a locality; and 4) Not shift transportation
responsibilities, inc luding maintenance, to localities.
Unpaved R oad Program: Request the legislature to amend Virginia Code § 33.123.1:1(C ) to allow for the
allocation of unpaved secondary road funds for other secondary road transportation projects without penaliz ing
the locality by reduc ing the amount of the unpaved s econdary road funds in future years.*
Health and Human Services
C omprehensive Services Act (CSA): Request the legislature assist localities’ implementation of CSA in a
cons istent, financially stable manner by: 1) Fully funding the s tate pool for C SA w ith allocations based on
realis tic anticipated levels of need and a cap on local expenditures for serving a child through CSA; 2)
Enhancing state funding for grants to localities to create communitybased alternatives for children served in
CSA; 3) Establishing state contracts w ith CSA providers to provide for a uniform contract management proces s,
improve vendor acc ountability and control costs; and 4) Encouraging the state to be proactive in making serv ice
prov iders available and to support local and regional efforts to address areas of cost sharing among loc alities by
proc uring services through group negotiation.
Child C are for Low Income Working Families: Reques t the legislature provide additional funds to local
governments to as sist low income w orking families with childc are costs. This funding helps w orkingclass
parents pay for supervised day care facilities and supports efforts for families to bec ome selfsuffic ient.
Local Department of Social Services (LD SS): R equest the legislature increase funds for LDSS to match all
available federal dollars to ass ist LDSS staffing needs in order to meet state mandated s ervices and
work loads.*
Local Government Administration and Finance
Full Funding of State Mandates: Request the state prov ide full funding for its mandates in all areas of local
government including the Standards of Quality (SOQs ), positions approved by the C ompensation Board, cos ts
related to jails and juvenile detention centers and human services positions.
Local Control of Local Revenues: R eques t the legislature take no action to res tric t or limit the existing local
control of local revenues so that loc al government leaders can take appropriate measures to generate sufficient
revenues to sustain and improve s erv ices.
D rug Court Funding: Request the legislature fully fund the Drug Court Program, whic h provides effective
treatment and intensiv e supervision to drug offenders through the Circuit Courts of s everal Virginia localities.
Cost to Compete Pay Differential: D ue to the documented high cost of living in Albemarle County , request the
legislature include Albemarle County Schools in the “Cost to C ompete Pay Differential” so that the C ounty may
reac h and maintain competitive compensation to help recruit, dev elop and retain a highly qualified and diverse
teac her workforce.
Land Use Taxation: Request the legislature to amend Virginia Code § 58.13237 to increase the rollback tax es
assessed against property under land use taxation that changes to a nonqualifying use to an amount equal to
the s um of the deferred tax for eac h of the ten mos t rec ent c omplete tax years. Currently the rollback tax
applies only to the deferred taxes relating to the five most recent tax years.
Donations to nonprofit organizations: R equest the legislature to amend Virginia Code § 15.2953 to
authorize localities to make donations to nonprofit organizations , associations, or agencies w hich are engaged in
prov iding energy efficiency serv ices or promoting energy efficiency within or without the boundaries of the
locality.*
Go to next attachment
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§ 33.123.1:1. Unpaved secondary road fund created; allocations.
A. Before funds are allocated for distribution for highway construction pursuant to § 33.123.1 B 1, B 2,
and B 3, a fund shall be established for the paving of nonsurface treated secondary roads which carry
fifty vehicles or more per day. Such fund shall contain 5.67 percent of the total funds available for
highway construction under § 33.123.1 B 1, B 2, and B 3.
B. Such funds shall be distributed to counties in the secondary system based on the ratio of nonsurface
treated roads in each county carrying fifty vehicles or more per day to the total number of such
nonsurface treated roads in the Commonwealth.
C. The governing body of any county may have funds allocated to the county under this section added to
the county's secondary system construction funds allocated pursuant to § 33.123.4. For each $250,000 or
portion thereof added to secondary construction funds under this provision, the amount of the county's
nonsurface treated roads used to distribute funds under this section in subsequent years shall be reduced
by one mile or proportional part of one mile.
(1979, c. 84; 1985, c. 42.)
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§ 15.2953. Donations to charitable institutions and associations, volunteer and nonprofit
organizations, chambers of commerce, etc.
A. Any locality may make appropriations of public funds, of personal property or of any real estate and
donations to the Virginia Indigent Health Care Trust Fund and to any charitable institution or association,
located within their respective limits or outside their limits if such institution or association provides
services to residents of the locality; however, such institution or association shall not be controlled in
whole or in part by any church or sectarian society. The words "sectarian society" shall not be construed
to mean a nondenominational Young Men's Christian Association, a nondenominational Young Women's
Christian Association, Habitat for Humanity, or the Salvation Army. Nothing in this section shall be
construed to prohibit any county or city from making contracts with any sectarian institution for the care
of indigent, sick or injured persons.
B. Any locality may make gifts and donations of property, real or personal, or money, to (i) any
charitable institution or nonprofit or other organization, providing housing for persons 60 years of age or
older, or operating a hospital or nursing home; (ii) any association or other organization furnishing
voluntary firefighting services; (iii) any nonprofit lifesaving crew or lifesaving organization, or rescue
squad, within or outside the boundaries of the locality; (iv) nonprofit recreational associations or
organizations; (v) any nonprofit organization providing recreational or daycare services to persons 65
years of age or older; or (vi) any nonprofit association or organization furnishing services to beautify and
maintain communities and/or to prevent neighborhood deterioration. Gifts or donations of property, real
or personal, or money by any locality to any nonprofit association, recreational association, or
organization described in provision (iv), (v), or (vi) may be made provided the nonprofit association,
recreational association, or organization is not controlled in whole or in part by any church or sectarian
society. Donations of property or money to any such charitable, nonprofit or other hospital or nursing
home, institution or organization or nonprofit recreational associations or organizations may be made for
construction purposes, for operating expenses, or both.
A locality may make like gifts and donations to chambers of commerce which are nonprofit and
nonsectarian.
A locality may make like gifts, donations and appropriations of money to industrial development
authorities for the purposes of promoting economic development.
A locality may make like gifts and donations to any and all public and private nonprofit organizations
and agencies engaged in commemorating historical events.
A locality may make like gifts and donations to nonprofit foundations established to support the locality's
public parks, libraries, and law enforcement. For the purposes of this paragraph, "donations" to any such
foundation shall include the lawful provision of inkind resources.
A locality may make monetary gifts, donations and appropriations of money to a state college or
university which provides services to such locality's residents.
Public library materials that are discarded from their collections may be given to nonprofit organizations
that support library functions, including, but not limited to, friends of the library, library advisory boards,
library foundations, library trusts and library boards of trustees.
C. Any locality may make gifts and donations of personal property and may deliver such gifts and
donations to another governmental entity in or outside of the Commonwealth within the United States.
D. Any locality may by ordinance provide for payment to any volunteer rescue squad that meets the
required minimum standards for such volunteer rescue squads set forth in the ordinance, a sum for each
rescue call the volunteer rescue squad makes for an automobile accident in which a person has been
injured on any of the highways or streets in the locality. In addition, unless otherwise prohibited by law,
any locality may make appropriations of money to volunteer fire companies or rescue squads in an
amount sufficient to enroll any qualified member of such volunteer fire company or rescue squad in any
program available within the locality intended to defray outofpocket expenses for emergency
ambulance transportation.
E. For the purposes of this section, "donations" shall include the lawful provision of inkind resources for
any event sponsored by the donee.
F. Nothing in this section shall be construed to obligate any locality to appropriate funds to any entity.
Such charitable contribution shall be voluntary.
(Code 1950, §§ 1516, 1516.1, 1516.2; 1952, c. 381; 1959, Ex. Sess., c. 36; 1960, cc. 50, 225, 453;
1962, c. 623, §§ 15.124, 15.125, 15.126; 1964, c. 32; 1974, c. 514; 1994, cc. 254, 317; 1995, c. 333;
1997, c. 587; 1998, c. 376; 1999, c. 430; 2003, c. 182; 2004, c. 272; 2005, c. 327; 2006, c. 118; 2007, cc.
292, 592, 641; 2008, cc. 612, 632.)
Return to exec summary
Page 1 of 5
Allan D. Sumpter Virginia Department of Transportation
Charlottesville Residency Administrator 701 VDOT Way
Charlottesville, VA 22911
CHARLOTTESVILLE RESIDENCY MONTHLY REPORT
SEPTEMBER 2, 2009
MONTHLY MEETING
ALBEMARLE COUNTY BOS ACTION ITEMS
David Slutzky
• Pedestrian Signal Installations – Installation of pedestrian signal heads at the intersections of
Rio and Berkmar Roads has resumed. Work is expected to be complete in mid-September.
Ken Boyd
• Turn Lanes on Route 29 @ Boulders Road – The developer installing these lanes is currently
working on punch list items to complete construction. Also, signal modifications will be
necessary to accommodate the additional lane. Work should be completed in 45 to 60 days.
• Traffic Signal at Route 20/250- Signal technicians report that modifications have been made to
this signal to allow longer green periods during lunch hours on Riverbend Drive and Route 20.
Observations indicate this has been effective however some heavier volume days, such as
Fridays continue to present some problems. Crews will continue to monitor this location and
attempt to make adjustments as necessary.
• Pedestrian Safety at Ashwood Blvd & Powell Creek Drive – A safety study has been ongoing
at the request of the Forest Lakes Homeowners Association to determine if a four-way stop and
pedestrian crossings are feasible. The study has been expanded to ensure that school traffic is
considered. A report is expected to be completed in September.
Dennis Rooker
• Broomley Road Bridge – Deck repairs for this structure are complete. Buckingham Branch
replaced three (3) sections of decking. The surface was then patched and followed with a tar
and gravel overlay.
• Sidewalks and Median along Rio Road – Maintenance to remove undesirable vegetation was
completed August 25, 2009.
• Pedestrian Signal Installations – Installation of pedestrian signal heads at the intersections of
Hydraulic and Commonwealth Roads along with upgrades at Hydraulic and Georgetown Road
has resumed. Work is expected to be complete in mid-September.
Ann Mallek
• Bridge over Jacob’s Run - A review of the timber deck on this structure has been completed
and no immediate hazards were found. A major rehabilitation of the super structure is in the
early planning stages.
• Drainage Issue on Route 789, Buck Road – VDOT staff is still awaiting return of a signed
right-of-entry from the landowner whose permission is needed to make drainage repairs.
Sally Thomas
• Signal Upgrades on Route 29 @ Farmington – Signal upgrades at this location are complete.
Technicians are continuing to monitor this location to tweak timing. An equipment problem
with the railroad crossing signals did affect timing issues earlier this month but was corrected
by railroad technicians.
Lindsay Dorrier
• Route 726, James River Road - A request for a safety review to determine if signing for
narrow road conditions has been made to Traffic Engineering.
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 2 of 5
PRELIMINARY ENGINEERING
Albemarle County
• Route 656 Georgetown Road, 0656-002-254, C501
The public hearing package has been approved. Design staff is currently focused on
maintenance of traffic plans and ways to minimize travel impacts to motorists. A report on
possible street lighting alternatives has been provided to county staff.
• Route 691 Jarmans Gap Road, 0691-002-258 P101, R201, C501
Twenty property appraisals have been completed. Initial offers to these landowners are
expected by mid-September.
CONSTRUCTION Active Construction Projects
0631-002-128, C502, B612, B613, B657 Grade, Drain, Asphalt, Utilities, Signals, Landscaping and Bridges
• Continue grading at north end of project.
• Continue storm drain.
• Continue sanitary sewer.
• Complete phase 2 water line tie-ins.
• Installing sheet piling at north side abutment area of proposed Rte. 631 Bridge over Norfolk Southern
Railroad.
• Continue substructure work on proposed Meadowcreek Bridge.
0743-002-282, B658 Bridge and Approaches over North Fork of the Rivanna River
• Continue excavation for drilled shafts.
PM7B-002-F09, P401 Asphalt Plant Mix Schedule
• Installation of Raised Plowable Markers remains to complete entire schedule.
PM7P-002-F09, P401 Asphalt Plant Mix Schedule (ARRA Funding)
• Paving Rte. 33 beginning at Rte. 29 and progressing east.
PLANNING, PERMITS AND LAND DEVELOPMENT
Land Development Items Total This
Month
Total This
Fiscal
Year
Special Use Permits and Rezoning Application Review 0 0
Site Plan Reviews for new Subdivisions 1 1
New Entrance Plan Reviews 2 2
Total Permits Processed 58 58
Inspection of new Subdivision Street conducted 22 22
Inspection of new entrance conducted 127 127
Miles of Street Accepted in the State System .62 .62
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 3 of 5
TRAFFIC ENGINEERING
Completed
RTE LOCATION REQUEST STATUS
Saint George
Ave (Rt 1202) Entire Route Traffic calming
Preliminary Report finalized. Speed
data did not meet the warrant for
physical traffic calming
improvements.
South Pantops
Drive (Rt 1140)
Between Carriage Hill
Apartments and
Riverbend Drive
Request to review pedestrian
accommodations meet the
minimum ADA accessibility
requirements
Improvements have been
completed.
Being reviewed
RTE LOCATION REQUEST STATUS
Intersection of
Rio and
Hydraulic
Rt 631/743 Pedestrian study Field modifications being drafted.
Intersection of
Hydraulic &
Commonwealth
Rts 743/1315 Pedestrian study Installation underway.
Intersection of
Rio & Berkmar Rts 631/1403 Pedestrian study Planned for installation this
summer.
Intersection of
Hydraulic &
Lambs
Rts 743/667 Pedestrian study Developing logistics for installation.
Irish Rd (Rt 6) Rt 20 to Nelson County
line Safety review Field modifications underway
Richmond Rd
(Rt 250)
Between Peter Jefferson
Parkway and Worrell Dr.
Request from ACPD to
review the crossover due to
the high accident rate
Under review
Irish Rd (Rt 6) Esmont Safety Review of
intersections Under review
Walnut Level Rd
(Rt 668)
Intersection with CCC
Road (Rt 756) Safety Review Under Review
Whippoorwill Rd.
(Route 839) Entire Route Speed Study Under Review
Dunlora Drive
(Rt 1177) Entire Route Traffic Calming Preliminary Review underway to
determine eligibility.
MAINTENANCE WORK COMPLETED
Patching on Routes 704 (Fortune Ln), 737 (Mountain Vista Rd), 761(Briery Creek Rd), 712
(North Garden Ln), 735 (Mt Alto Rd), 724 (Lewiston Ford Rd), 631 (Appleberry Mtn Rd), 633
(Cove Garden Rd), 697 (Sutherland Rd), 645 (Magnolia Rd), 646 (Lovers Ln), 608 (Happy
Creek Rd), 784 (Doctors Crossing), 747 (Preddy Creek Rd), 600 (Watts Passage), 689 (Burchs
Creek), 688 (Midway), 782 (Stribling Ave), 606 (Dickerson), 776 (Buck Mtn. Ford), 643 (Rio
Mills), and 678 (Ridge Rd).
Cleared pipes and performed ditch work on Routes 805 (Henderson Ln), 708 (Red Hill Rd),
631 (Old Lynchburg Rd), 6 (Irish Rd), 600 (Stoney Point Pass), 759 (Three Chopt Rd), 22
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 4 of 5
(Louisa Rd), 641 (Burnley Station Rd), 689 (Burchs Creek), 766 (Pea Ridge), 29 (Seminole
Tr), 665 (Buck Mtn. Rd), and 689 (Pounding Creek).
Tree cleanup on Routes 20 (Scottsville Rd), 6 (Irish Rd), 708 (Red Hill Rd), 795 (James
Monroe Pkwy), 602 (Howardsville Tnpk), 631 (Old Lynchburg Rd), 717 (Secretarys Sand Rd),
and 626 (James River Rd). Brush Removal on Routes 664 (Markwood Rd), 29 (Monacan
Trail). Tree Removal on Routes29 (Seminole Tr.) Sight Distance clearing on Routes 29
(Seminole Tr), 682 (Broad Axe), and 710 (Taylor's Gap).
• Mowing Routes 652 (Old Brook Rd), 640 (Turkey Sag Rd), 648 (Clarks Tract),
610 (Lonesome Mtn Rd), 1117 (State Farm Blvd), 616 (Black Cat Rd), 731 (Keswick Rd),
769 (Rocky Hollow Rd), 710 (Taylor's Gap), 801/779 (Rock Branch), 810 (Blackwell Hollow),
675 (Lake Albemarle), 676 (Owensville), 839 (Whippoorwill Rd), 671 (Davis Shop), 665
(Buck Mtn), 601 (Free Union), 609 (Wesley Chapel), 614 (Garth), 726 (James River Rd), 627
(Carters Mountain Rd), 626 (Langhorne Rd), 618 (Jefferson Mill Rd), 737 (Mountain Vista Rd),
727 (Blenheim Rd) and Route 29 from Nelson to Madison.
• Installed pipes on Routes 729 Milton Road, 698 Hungrytown Road, and 805 Henderson Road.
• Bridge work Route 745, Poorhouse Road.
• Drainage repair work I64 at MM114 West exit ramp.
• Completed Rural Rustic Road Route 722 Green Mountain Road.
PLANNED MAINTENANCE WORK – OCTOBER 2009
• Maintenance activities are continuing on various routes. They include:
o Pavement patching.
o Machining gravel roads.
o Dust control.
o Mowing on primary and secondary routes.
o Cleaning ditches and pipes.
o Litter pickup on various routes.
o Tree trimming and removal various routes.
o Repair surface treatment and tar and gravel in failed areas on Route 769, Beam Rd.
o Rebuild slope with class II rip rap and shoulder with crusher run on Route 626, James
River Rd.
o Place class II rip rap at wing wall to correct erosion problem at the bridge on Route 691,
Wyant Lane.
o Replace cross pipes on Route 673, Slam Gate Road.
o Replace cross pipe Route 20, Valley Street.
o Replace bridge on Route 614, Sugar Hollow Rd.
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 5 of 5
MAINTENANCE BUDGET
0 1 1 2 2 3 3 4 5 5 6 7
0
5
10
15
20
Jul-09 Aug -09 Sep-09 Oct-0 9 Nov-09 Dec-09 J an-10 Feb-10 M ar-10 Apr-1 0 M ay-1 0 Jun-10 MillionsMonths
TOTAL MAINT BUDGET
FORECASTED EXPENDITURES
CUMULATIVE ACTUAL
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Uncontrolled Vegetation Ordinanc e
SUB JECT/PROPOSAL/REQUEST:
Adoption of an Ordinance Limiting H eight of
Uncontrolled Vegetation in the Development
Areas
STAFF CON TACT(S):
Mess rs. Tucker, Foley, Davis, Herric k, Graham
and H eide; and Ms. McCulley
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: X IN FORMATION:
CONSENT A GENDA:
ACTION: IN FORMATION:
ATTACH MEN TS: Yes
REVIEWED BY:
BACK GROUND:
At its June 3 work s ession, the Board discussed issues related to a proposed ordinance to regulate
uncontrolled vegetation, and directed staff to prepare an ordinance for the Board’s consideration. Specifically,
the Board directed s taff to prepare an ordinance to:
a. apply to most properties except thos e in the R ural Areas zoning district;
b. apply to a perimeter of undeveloped properties adjac ent to roads and other properties;
c . include an exemption for “natural landscaping;”
d. limit the maximum height of uncontrolled vegetation to twelve (12) inches; and
e. provide a responsive rather than proactive enforcement program.
STRA TEGIC PLAN:
Goal 1: Enhance Quality of Life for All Citizens. This goal includes an objective to “increase the economic
vitality of the County’s development areas.”
DISCU SSION:
In c ons idering areas where an uncontrolled vegetation ordinance is either not enabled or not advis able, staff
developed a proposed list of exceptions to the ordinance beyond just the Rural Areas District. Most of these
more general exemptions (such as for public park land, open space and the like) were found to be consistent
with those found in other localities’ ordinances. The follow ing are proposed for ordinance exemptions:
a) the corporate limits of the Tow n of Scottsville;
b) the Montic ello Historic D istrict;
c) the Rural Areas District;
d) areas used for pastures, under cultiv ation, forested, or s ubject to utility transmission easements;
e) areas w here the vegetativ e growth is regulated under state or federal laws or programs;
f) any stream buffer required by County ordinance or protected under permanent c onservation
easement;
g) areas under an approv ed plan of natural landscaping;
h) property designated through an approved z oning or subdivision plat as open space, green space,
conservation or preservation area and that is intended to remain in its natural state;
i) public park lands; or
j) stormw ater management facilities suc h as detention ponds.
Zoning and General Services staff has established mow ing procedures for when an ow ner fails to control the
vegetation on his ow n property and County action is required to mow the vegetation. The ordinance provides
for rec overy of the C ounty’s cost as sociated with such mowing. Because the County may use the mowing
contrac tor already under contract with General Services, the enforcement program is proposed to be funded
through General Serv ices. The proposed ordinance also allows for the imposition of civil penalties for violation
of the ordinance as a further deterrent.
BUDGET IMPAC T:
Implementation of this program is es timated to require $3,000 in recurring funding for the General Services
Department to pay for mow ing servic es. After implementation of the ordinance, the amount of annual funding
will need to be review ed based on ac tual costs of the program. The initial funding is proposed to be
appropriated from the Board’s contingency.
RECOMMENDATION S:
After the public hearing, staff recommends that the Board adopt the attached ordinance.
ATTAC HMENTS:
A Proposed Uncontrolled Vegetation Ordinance
Return t o regular agenda
Attachment A
Draft: August 17, 2009
1
ORDINANCE NO. 09-07(2)
AN ORDINANCE TO AMEND CHAPTER 7, HEALTH AND SAFETY, 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 7,
Health and Safety, is hereby amended and reordained as follows:
By Adding:
Article V Uncontrolled Vegetation
Sec. 7-501 Definitions
Sec. 7-502 Grass, Weeds, Brush and Other Uncontrolled Vegetation
Sec. 7-503 Exemptions
Sec. 7-504 Enforcement
Sec. 7-505 Lien Against Property
Sec. 7-506 Civil Penalty
Sec. 7-507 Criminal Penalty
CHAPTER 7. HEALTH AND SAFETY
ARTICLE V. UNCONTROLLED VEGETATION
Sec. 7-501. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(1) Developed. The term “developed” means any real property where improvements have been
made to change it from its natural state.
(2) Improvements. The term “improvements” means permanent changes or additions to real
property that enhance its value or utility or adapt it for new or further purposes.
(3) Natural landscaping. The term “natural landscaping” means a managed area specifically set
aside by a land owner for conservation purposes, using native plants, which aims to blend residential or
commercial property into the natural surroundings. Natural landscaping shall:
(i) not encroach within a minimum of five (5) feet from any developed areas, roads, or
buildings;
(ii) include a plan to identify and manage native plant material as well as a plan to
manage and eliminate noxious weeds; and
(iii) include and maintain at least eighty percent (80%) native plants (by area coverage).
(4) Owner. The term "owner," applied to a building or land, shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a
part of such building or land.
(5) Undeveloped. The term “undeveloped” means any real property that remains unimproved.
(6) Vacant. The term “vacant” means any real property, with or without improvements, that is
not occupied.
(Ord. 09-7(2), 9-2-09)
Attachment A
Draft: August 17, 2009
2
Sec. 7-502. Grass, Weeds, Brush and Other Uncontrolled Vegetation.
A. Except as provided in section 7-503, no owner of any vacant developed or undeveloped
property, including property upon which buildings or other improvements are located, shall permit to
remain thereon, any grass, weeds, brush or other uncontrolled vegetation in excess of twelve (12) inches
in height where such vegetation is located:
(i) on any vacant developed property, or
(ii) on that portion of any undeveloped property that is within seventy-five (75) feet
of any public right-of-way or developed property under separate ownership.
B. Upon remedying any such unlawful condition, the owner shall dispose of such vegetation
in a lawful manner that eliminates any potential fire hazard.
State law reference--Va. Code § 15.2-901(A)(3).
(Ord. 09-7(2), 9-2-09)
Sec. 7-503. Exemptions.
Notwithstanding section 7-502, this article shall not have any force and effect within
a) the corporate limits of the Town of Scottsville;
b) the Monticello Historic District;
c) the Rural Areas District;
d) areas used for pastures, under cultivation, forested, or subject to utility transmission
easements;
e) areas where the vegetative growth is regulated under state or federal laws or programs;
f) any stream buffer required by County ordinance or protected under permanent
conservation easement;
g) areas under an approved plan of natural landscaping;
h) property designated through an approved zoning or subdivision plat as open space, green
space, conservation or preservation area and that is intended to remain in its natural state;
i) public park lands; or
j) stormwater management facilities such as detention ponds.
(Ord. 09-7(2), 9-2-09)
Sec. 7-504. Enforcement.
A. Whenever the County Executive or his designee has determined by reports, inspections or
otherwise, that any such unlawful condition exists, he shall notify the owner of the land upon which the
violation exists to cut or cause to be cut the grass, weeds, brush or other uncontrolled vegetation within
such reasonable time as is specified in the notice. Such notice shall be in writing, shall be delivered by
hand or mailed to the last known address of the owner and shall be complied with by the owner.
B. If such grass, weeds, brush or other uncontrolled vegetation is not cut within the required
time, the County Executive or his designee may cause them to be cut and the costs and expenses thereof,
including an administrative handling charge of one hundred dollars ($100.00), shall be billed to the
property owner, and if not paid, shall be added to and collected in the same manner as the real estate tax
on such property. The County Executive or his designee shall certify the costs and expenses to the
Director of Finance of the county, who shall collect such amount; and if such amount shall remain unpaid
for a period of sixty (60) days, then the Director of Finance shall certify such charges as being unpaid to
the clerk of the circuit court of the county, who shall maintain a record book of such delinquent costs and
expenses in the records of the clerk's office.
(Ord. 09-7(2), 9-2-09)
Attachment A
Draft: August 17, 2009
3
Sec. 7-505. Lien Against Property.
Every charge authorized by this section with which the owner of any such property shall have
been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity
with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-
3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia. The County
may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a
purchaser who is unrelated by blood or marriage to the owner and who has no business association with
the owner. All such liens shall remain a personal obligation of the owner of the property at the time the
liens were imposed.
State law reference--Va. Code § 15.2-901(B).
(Ord. 09-7(2), 9-2-09)
Sec. 7-506. Civil Penalty.
Violations of this section shall be subject to a civil penalty of fifty dollars ($50) for the first
violation, or violations arising from the same set of operative facts. The civil penalty for subsequent
violations not arising from the same set of operative facts within twelve (12) months of the first violation
shall be two hundred dollars ($200). Each business day during which the same violation is found to have
existed shall constitute a separate offense. In no event shall a series of specified violations arising from
the same set of operative facts result in civil penalties that exceed a total of three thousand dollars
($3,000) in a twelve (12) month period.
State law reference--Va. Code § 15.2-901(C).
(Ord. 09-7(2), 9-2-09)
Sec. 7-507. Criminal Penalty.
In the event three civil penalties have previously been imposed on the same defendant for the
same or similar violation, not arising from the same set of operative facts, within a twenty-four (24)
month period, such violations shall be a Class 3 misdemeanor. Classifying such subsequent violations as
criminal offenses shall preclude the imposition of civil penalties for the same violation.
State law reference--Va. Code § 15.2-901(D).
(Ord. 09-7(2), 9-2-09)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
AFD 200900001 Buck Mountain AF D istrict
Review
SUBJECT/PR OPOSAL/REQUEST: Public
hearing on periodic review of Buck Mountain AF
District and on ordinance to amend County Code
§ 3209, Buck Mountain Agricultural and Forestal
District
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Kamptner,
Graham, and C ilimberg
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The Buc k Mountain Agric ultural and Forestal D istrict (the “District”) w as created in 1989 and currently includes 11
parcels and 504 acres. (See Attachment A) The District is located northwest of Free Union, in the area east of Free
Union Road, south of D avis Shop Road, and west of Markwood Road.
Virginia Code § 15.24311 requires the periodic review of districts to determine whether they should c ontinue, be
modified, or be terminated unless the Board determines that review is unnecessary. As part of this process, the
District is reviewed by both the Agric ultural and Forestal D istrict Adv isory C ommittee and the Planning C ommission
for their recommendations. County Code § 3209 identifies the parcels composing the District and specifies when
the District must be reviewed. During the review proces s, land within the D istrict may be withdrawn at the owner’s
discretion by filing a written notice with the Board any time before the Board acts on the review.
STRA TEGIC PLAN:
Goal 2: Protect the County ’s N atural Resources
DISCU SSION :
The Dis tric t primarily c ons ists of large forested parcels and large farm parcels. Three parcels in the D istrict, as w ell
as many nearby, are under conservation easements. Of the 522 acres in the Distric t, 137.70 acres are enrolled in the
Agricultural category of the land use taxation program, and 141.69 acres are enrolled in the Forestry category.
Enrollment in these tax categories indicates active rural uses in the Dis trict. In addition to agriculture and forestry ,
there are approximately five dwellings in the D istrict. The conservation of this area will help maintain the
environmental integrity of the County and aid the protec tion of ground and surface water, agricultural soils, mountain
resourc es, critical slopes and wildlife habitat.
The parcels identified in the proposed ordinance as being added are merely new parc el numbers ass igned to parcels
created from parcels already in the D istrict. Tax map 17 parcels 26C1, 26C2 and 26C 3 w ere created from tax map 17
parcel 26C. Tax map 17 parcel 31 w as changed to show that only a part of that parcel is in the dis tric t, as .91 acres
of nonagricultural/forestal property w as added to this parcel in a boundary line adjus tment.
The Agricultural and Fores tal District Advisory Committee and the Planning Commiss ion have eac h reviewed the
Buck Mountain Agricultural and Fores tal District and eac h recommends that the District continue for another ten y ear
period. As of the date this Executive Summary was written, no owner within the D istrict has requested that land be
withdraw n.
BUDGET IMPACT: None
RECOMMENDA TION S: After conducting a public hearing, staff recommends that the Board continue the Buck
Mountain Agricultural and Forestal District for an additional tenyear period, and that it adopt the ordinance amending
County Code § 3209 (Attachment B) to update the parc els in the dis tric t and establishing the next rev iew period.
ATTAC HMENTS:
A – Staff report to the Planning Commis sion
B – Ordinance amending County Code § 3209
View PC minutes February 3 and J uly 21, 2009
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: AFD200900001 Buck Mountain AF District Review Staff: Eryn Brennan, Senior Planner
Planning Commission Public Hearing: July 21, 2009 Board of Supervisors Public Hearing: September 2, 2009
Proposal: Periodic review of the Buck Mountain AF District.Comprehensive Plan Designation: Rural Areas
RECOMMENDATION: That the Commission recommend renewal of the District for another 10year period.
Petition
Revie w of the Buck Mountain Agricultural/Forestal District: Pe riodic (10year) review of the Buck Mountain Agricultura l/Forestal District, a s
required in Se ction 15.24311 of the Code of Virginia. The distric t inc ludes the prope rties described as Tax Map 8, Pa rce ls 16A, 16C, 17E, 17F;
and Tax Map 17, Parc els 26B, 26C1, 26C2, 26C3, 31 (pa rt), and 32. The district inc ludes a total of 503.89 ac res. The are a is designated as Rural
Area in the Comprehe nsive Plan a nd the included properties are zoned RA Rural Are as.
Purpose: The Agricultural and Forestal Districts progra m is an important voluntary prote ction me asure utiliz ed in the County. It is e nable d by
state law and a dopted by the Boa rd of Supervisors in Chapter 3 of the County Code. Through the program, rural land is safeguarded and the
County’s policy goa l of protecting “Albema rle’s agricultural a nd forests as a resource base for its a gric ultura l a nd forestry industries and for
related benefits the y contribute towards the County’s rural cha rac ter, sc enic quality, na tura l environment, and fisca l health” is imple mente d. The
purpose of an Agric ultura l and Forestal District is further expanded in the County Code, adding that a gric ultura l and fore sta l la nds should be
protec ted as valuable natural a nd ecological resources which provide essential ope n space for clean air sheds, watershed protection, wildlife
habitat, as well as for ae sthetic purposes.
Effects of a Distric t:
1. The district provides a community benefit by conserving and protecting farmlands and forest; environmental resources such as watersheds, air
quality, open space, a nd wildlife habitat; and scenic and historic resourc es.
2. The State Code stipula tes that the landowner rece ive c erta in tax benefits*, a nd restric tions on public utilities and gove rnme nt a ction (suc h a s
la nd acquisition and local nuisance la ws) to protect the a gricultura l/ forestal use of the la nd. In e xchange, the la ndowner agrees not to
develop the property to a "more intensive use" during the spec ified number of yea rs the distric t is in effect.
3. Since Albe marle County c urrently permits all four c ategories of use value assessment, a district designa tion may not provide any additional
real e sta te tax deduc tions. Land in a distric t is protecte d from special utility assessments or taxe s.
4. The State Code stipula te s tha t, "Local ordina nce s, compre hensive plans, la nd use planning decisions, administrative dec isions and procedure s
affecting parcels of land a djacent to any distric t sha ll take into acc ount the e xistence of such a district and the purpose s of this c hapter." The
district may have no effect on adjacent de velopment byright, but could restrict proposed re zonings or uses by spe cial use pe rmit which a re
determined to be in conflict with the adjacent agricultural/ forestal uses. Distric ts must now be shown on the official Comprehensive Plan
map e ach time it is updated.
In general, a district ma y have a sta bilizing e ffe ct on land use. The property owners in the district a re making a statement tha t they do not intend
to develop the ir property in the ne ar future, a nd that they would like the are a to rema in in agric ultural, forestal, and open space uses. Adja cent
property owne rs may be enc ourage d to continue agricultural uses if they do not anticipate development of adjace nt lands. Currently, there are 26
agricultural/fore sta l districts in the County containing approximately 81,100 acres.
Renewal Proce dure: In conducting a renewal, the Boa rd shall ask for the re commendations of the local Advisory Committee and the Planning
Commission in order to determine whethe r to terminate, modify, or continue the district.
The Board may stipulate conditions to c ontinue the distric t and ma y e stablish a time period before the ne xt renewal of the district, whic h may be
different from the conditions or period established when the district was created. Any such diffe rent conditions or period must be described in a
notice to landow ners in the district, and published in a newspaper at least two weeks prior to a doption of the ordinance c ontinuing the district.
Unless the district is modified or terminated by the Boa rd of Supe rvisors, the district shall continue as originally constituted, with the same
conditions and time period before the next re view as were e sta blished when the district was created.
When e ach distric t is re viewe d, land within the district may be withdrawn at the owner’s discretion by filing a writte n notice with the Boa rd of
Supervisors at any time before the Board ac ts to c ontinue, modify, or terminate the district.
AFD 200900001 BUCK MOUNTAIN DISTRICT REVIEW
The Albe marle County Code curre ntly contains this desc ription of the Buck Mountain District:
Sec. 3209 Buck Mountain Agr icultural and Forestal District.
The district known a s the "Buck Mounta in Agricultural and Forestal Distric t" c onsists of the following described propertie s: Tax map 8,
parcels 16A, 16C, 17E, 17F; tax map 17, parcels 26B, 26C, 31, 32. This distric t, cre ated on January 4, 1989 for not more tha n 10 years
and last revie wed on January 13, 1999, sha ll next be revie wed prior to January 4, 2009.
(41295; Code 1988, § 2.14(o); Ord. 98A(1), 8598; Ord. 993(1), 11399; Ord. 993(5), 10699)
The Buc k Mountain District is located northwe st of Free Union, in the area east of Fre e Union Road, south of Da vis Shop Road, and we st of
Ma rkwood Roa d (see Attachment A). The e ntire District is located in the Buck Mountain Cree k wa tershe d, which drains to the South Fork
Rivanna River and the community’s largest surfacewate r supply. Land cover in the District is largely forested on and around Buck Mountain, and
more open northeast of Buck Mountain Creek.
The District wa s created in 1989, and origina lly included 624 acres. In 1995, 27 more acres were added, and 13.55 acres we re a dde d in 1999.
However, during the 1999 re view, 161 ac res were removed (se e Attachment A). The District now includes 11 pa rce ls a nd 504 ac res.
Agricultural and Fore stal District Significanc e: Of the 504 acres that comprise the Buck Mounta in District, 137.37 ac res are enrolled in the
Agricultural category of the landuse taxa tion program, while 141.69 a cre s are enrolled in the Fore stry c ategory. Enrollment in the se tax
categories is an indicator of active rural land uses.
Land Use other than Agriculture and Fore stry : In addition to agricultural and forestal use s, the Buc k Mountain District include s approximately
five dwellings.
Loc al Dev elopment Patterns: The District primarily consists of la rge forested pa rce ls and large farm parcels. Three parcels in the District, and
ma ny nearby, are under conservation easeme nts (see Atta chment B). The a rea is primarily rural in cha rac ter, but does include some la nd in
smalle r re sidential lots zoned Planned Re sidential De velopment west of the core of the District.
Comprehensive Plan De signation and Zoning Districts: The Buc k Mountain District is entirely designated as Rura l Areas in the Comprehe nsive
Plan, a nd the parcels included in the District are zoned RA Rural Are as.
Environmental Benefits: Conse rva tion of this area will help maintain the e nvironme ntal integrity of the County a nd aids in the protection of ground
and surface water, agricultural soils, mounta in resources, critical slopes, and wildlife ha bitat.
Time Period: The District was create d on January 4, 1989, and wa s last reviewed on January 13, 1999.The Buck Mountain District is c urrently on
a 10year review cycle.
La ndowners may withdraw their parcels from districts by right during a re newal a t anytime before the Board of Supervisors ta kes final a ction to
continue, modify, or terminate the distric t. Landowne rs were notified of the renewal by ce rtified mail on June 9, 2009. As of this date , no
landowners have requested withdra wal.
Agricultural/Forestal Distric ts Advisory Committe e Rec ommendation: On June 22, 2009, the Committee recomme nded that the Buck Mountain District be
continued for another 10yea r period.
Staff Recommendation: That the Planning Commission recommend re newal of the Buck Mountain District for a 10ye ar pe riod.
Attac hment:
A. Buck Mountain District map
B. Conse rva tion Ease ments in the Buck Mountain District
Return to exec summary
AFD2009-00001 Buck Mountain AF District Review
PC 7-21-09 BoS 9-2-09 4
Attachment A
AFD2009-00001 Buck Mountain AF District Review
PC 7-21-09 BoS 9-2-09 5
Attachment B
Draft: August 7, 2009
ORDINANCE NO. 09-3(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended and
reordained as follows:
By Amending:
Sec. 3-209 Buck Mountain Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-209 Buck Mountain Agricultural and Forestal District.
The district known as the "Buck Mountain Agricultural and Forestal District" consists of the
following described properties: Tax map 8, parcels 16A, 16C, 17E, 17F; tax map 17, parcels 26B, 26C,
26C1, 26C2, 26C3, 31 (part), 32. This district, created on January 4, 1989 for not more than 10 years and
last reviewed on January 13, 1999 September 2, 2009, shall next be reviewed prior to January 4, 2009
September 2, 2019.
(4-12-95; Code 1988, § 2.1-4(o); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99; Ord. 99-3(5), 10-6-99)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Albemarle County Planning Commission
February 3, 2009
C onsent Agenda
AFD200900001 Buck Mountain
Review of the Buck Mountain Agricultural/Forestal District: Periodic (10year) rev iew of the Buck Mountain
Agricultural/Forestal District, as required in Section 15.24311 of the Code of Virginia. The dis tric t includes the
properties described as Tax Map 8, Parcels 16A, 16C, 17E, 17F; and Tax Map 17, Parcels 26B, 26C, 26C 1, 26C 2,
26C3, 31 (part), and 32. The district includes a total of 503.89 acres. The area is designated as R ural Area in the
Comprehensive Plan and the included properties are zoned RA Rural Areas. (Scott Clark)
AFD200900002 Yellow Mountain
Review of the Yellow Mountain Agric ultural/Forestal Distric t: Periodic (10year) review of the Yellow Mountain
Agricultural/Forestal District, as required in Section 15.24311 of the Code of Virginia. The dis tric t includes the
properties described as Tax map 54 Parc el 71B; Tax Map 55 Parcel 15; Tax Map 70 Parc els 15, 15A, 15D, 15E, 29,
37B, 37B1 (part), 37D (part), 37K, 37L; Tax Map 71 Parc els 2B, 22, 22A, 22B, 64, 64A. The district includes a total
of 656.72 acres. The area is designated as R ural Area in the Comprehens ive Plan and the included properties are
zoned R A Rural Areas. (Scott Clark)
Mr. Struck o asked if any Commissioner w ould like to pull an item from the consent agenda.
Motion: Mr. Morris mov ed and Ms. Porterfield seconded for approval of the consent agenda.
The motion passed by a vote of 6:0.
Mr. Struck o noted that the consent agenda was approv ed
Go to next set of PC minutes
Return to exec summary
Albemarle County Planning Commission
July 21, 2009
Public Hearing Items:
AFD200900001 Buck Mountain Ag Forestal District Review. Review of the Buck Mountain
Agricultural/Forestal District: Periodic (10year) review of the Buck Mountain Agricultural/Forestal
District, as required in Section 15.24311 of the Code of Virginia. The district includes the properties
described as Tax Map 8, Parcels 16A, 16C, 17E, 17F; and Tax Map 17, Parcels 26B, 26C, 26C1, 26C2,
26C3, 31 (part), and 32. The district includes a total of 503.89 acres. The area is designated as Rural
Area in the Comprehensive Plan and the included properties are zoned RA Rural Areas. (Eryn Brennan)
Ms. Brennan presented a PowerPoint presentation and summarized the staff report.
Staff recommends the Planning Commission recommend renewal of the District for another tenyear
period.
Mr. Edgerton questioned the actual size of the district.
Ms. Brennan replied that it was 504 acres total.
Mr. Edgerton opened the public hearing and invited public comment. There being none, the public
hearing was closed and the matter before the Commission.
Motion: Ms. Porterfield moved and Ms. Joseph seconded, to recommend approval of AFD20090001,
Buck Mountain Agricultural Forestal District Renewal for a tenyear period.
The motion passed by a vote of 4:0.
Mr. Edgerton stated that AFD200900001, Buck Mountain Renewal would go before the Board of
Supervisors on September 2, 2009 with a recommendation for approval.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
AFD 200900002 Yellow Mountain AF Dis trict
Review
SUBJECT/PR OPOSAL/REQUEST: Public
hearing on periodic review of Yellow Mountain
AF Dis tric t and on ordinance to amend County
Code § 3228, Yellow Mountain Agricultural and
Forestal District
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Kamptner,
Graham, and C ilimberg
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 2, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The Yellow Mountain Agric ultural and Forestal District (the “District”) w as created in 1989 and currently includes 18
parcels and 657 acres. (See Attachment A) The District is located in three clusters: (1) southwest of the Interstate
64W/Route 250W interchange; (2) north of Batesville flanked by Dick Woods Road and Plank Road; and (3) south
of Plank Road, east of Ortman Road and north of Dic k W oods Road.
Virginia Code § 15.24311 requires the periodic review of districts to determine whether they should c ontinue, be
modified, or be terminated unless the Board determines that review is unnecessary. As part of this process, the
District is reviewed by both the Agric ultural and Forestal D istrict Adv isory C ommittee and the Planning C ommission
for their recommendations. County Code § 3228 identifies the parcels composing the District and specifies when
the District must be reviewed. During the review proces s, land within the D istrict may be withdrawn at the owner’s
discretion by filing a written notice with the Board any time before the Board acts on the review.
STRA TEGIC PLAN:
Goal 2: Protect the County ’s N atural Resources
DISCU SSION :
The Dis tric t primarily c ons ists of large forested parcels and large farm parcels. Five parcels in the District, as well
as many nearby, are under conservation easements. Of the 657 acres in the Distric t, 161.20 acres are enrolled in
the Agric ultural category of the land us e taxation program, and 235.75 acres are enrolled in the Forestry category.
Enrollment in these tax categories indicates active rural uses in the Dis trict. In addition to agriculture and forestry ,
there are approximately 23 dwellings in the District. The conservation of this area will help maintain the
environmental integrity of the County and aid the protec tion of ground and surface water, agricultural soils, mountain
resourc es, critical slopes and wildlife habitat.
The parcels identified in the proposed ordinance as being added are merely new parc el numbers ass igned to parcels
created from parcels already in the D istrict. Tax map 54 parcel 71B and tax map 71 parcel 2B were c reated from tax
map 55 parcel 15. Tax map 70 parcels 37B1(part) and 37D(part) were c reated from tax map 70 parcel 37B.
The Agricultural and Fores tal District Advisory Committee and the Planning Commiss ion have eac h reviewed the
Yellow Mountain Agricultural and Fores tal District and each recommends that the D istrict continue for another ten
year period. As of the date this Executive Summary w as written, no owner within the District has requested that
land be withdrawn.
BUDGET IMPACT: None
RECOMMENDA TION S: After conducting a public hearing, staff recommends that the Board continue the Yellow
Mountain Agricultural and Forestal District for an additional tenyear period, and that it adopt the ordinance amending
County Code § 3228 (Attachment B) to update the parc els in the dis tric t and establishing the next rev iew period.
ATTAC HMENTS:
A – Staff report to the Planning Commis sion
B – Ordinance amending County Code § 3228
View PC minutes of February 3 and July 21, 2009
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: AFD200900002 Yellow Mountain AF District Review Staff: Eryn Brennan, Senior Planner
Planning Commission Public Hearing: July 21, 2009 Board of Supervisors Public Hearing: September 2, 2009
Proposal: Periodic review of the Yellow Mountain AF District.Comprehensive Plan Designation: Rural Areas
RECOMMENDATION: That the Commission recommend renewal of the District for another 10year period.
Petition: Review of the Yellow Mountain Agricultural/Forestal Distric t: Periodic (10year) review of the Yellow Mounta in Agric ultural/Foresta l
District, a s required in Section 15.24311 of the Code of Virginia. The district includes the propertie s described a s Tax map 54 Parce l 71B; Tax
Map 55 Parcel 15; Tax Ma p 70 Parc e ls 15, 15A, 15D, 15E, 29, 37B, 37B1 (part), 37D (part), 37K, 37L; Tax Map 71 Pa rcels 2B, 22, 22A, 22B, 64,
64A. The Distric t includes a tota l of 656.72 ac res. The area is de signa te d as Rural Area in the Compre hensive Pla n and the included properties are
zone d RA Rural Areas.
Purpose: The Agricultural and Foresta l Districts program is an importa nt voluntary protection measure utilize d in the County. It is e nabled by state
law, and was adopted by the Board of Supervisors in Chapte r 3 of the County Code. Through the progra m, rural land is sa fegua rded and the
County’s policy goal of prote cting “Albemarle’s agric ultural and forests as a resource ba se for its agric ultural a nd fore stry industries and for related
bene fits they c ontribute towa rds the County’s rural chara c te r, sce nic quality, natural e nvironment, and fiscal health” is implemente d. The purpose
of an Agric ultural and Forestal District is furthe r expa nded in the County Code, adding tha t agricultura l and forestal lands should be protected a s
valuable natura l and e cological resources whic h provide essentia l ope n spa ce for clean air sheds, w a te rshed protec tion, wildlife habitat, as well a s
for a esthe tic purposes.
Effe cts of a District:
1. The District provides a community bene fit by conserving and protecting farmlands and fore st; environmental resources such as watersheds, air
quality, open space, and wildlife habitat; and scenic and historic resources.
2. The State Code stipulates that the la ndowner rece ive certain tax be nefits*, and restrictions on public utilities and government ac tion (such a s
land acquisition and local nuisa nce la ws) to protect the agric ultural/ foresta l use of the land. In excha nge, the landowner agre es not to develop
the prope rty to a "more intensive use" during the spec ifie d number of years the district is in effect.
3. Since Albemarle County currently permits a ll four categorie s of use va lue a ssessment, a district designation may not provide any additional rea l
esta te tax de ductions. La nd in a district is prote cted from special utility assessme nts or taxe s.
4. The State Code stipulates tha t, "Local ordinances, comprehensive plans, la nd use planning de cisions, administrative decisions a nd proc edure s
affe cting parcels of land adjacent to any district sha ll ta ke into a ccount the existence of suc h a district and the purposes of this c hapter." The
distric t may have no effect on adjacent developme nt byright, but could restrict propose d re z onings or uses by spe cial use permit which are
determined to be in conflict with the adja cent agricultural/ forestal uses. Districts must now be shown on the official Compre hensive Plan map
each time it is updated.
In ge neral, a district may have a stabiliz ing effe ct on land use. The property owners in the distric t are making a stateme nt that they do not intend to
deve lop their property in the near future, and that they would like the area to remain in agric ultural, forestal, and open space uses. Adjacent
property owners may be enc ouraged to c ontinue agricultural uses if they do not anticipate developme nt of adjace nt lands. Currently, the re are 26
agric ultural/forestal districts in the County conta ining approxima te ly 81,100 acre s.
Re newal Proce dure: In c onducting a renewal, the Board shall a sk for the recommendations of the local Advisory Committee and the Planning
Commission in order to determine whether to terminate, modify, or continue the district.
The Boa rd ma y stipulate conditions to continue the distric t and may e stablish a time period before the next re newal of the district, which ma y be
diffe rent from the conditions or period established when the distric t was crea ted. Any suc h diffe rent c onditions or period must be describe d in a
notice to landowne rs in the district, and publishe d in a newspaper at least two weeks prior to a doption of the ordinance continuing the district.
Unless the district is modifie d or terminated by the Board of Supervisors, the district shall continue as originally constituted, with the same
conditions and time period be fore the ne xt review as were esta blished whe n the district was created.
Whe n eac h distric t is re vie wed, la nd within the district may be withdrawn at the owner’s discretion by filing a written notice with the Board of
Supervisors at any time before the Board acts to continue , modify, or te rminate the district.
AFD 200900002 YELLOW MOUNTAIN DISTRICT REVIEW
The Albemarle County Code currently contains this description of the Ye llow Mounta in District:
Sec . 3228 Yellow Mountain Agricultural and Forestal District.
The distric t known as the "Yellow Mountain Agricultura l and Fore stal Distric t" consists of the
following de sc ribed properties: Ta x map 55, pa rcel 15; tax ma p 70, parce ls 15, 15A, 15D, 15E, 29, 37B, 37K, 37L; tax map 71, parcels 22,
22A, 22B, 64, 64A. This district, created on March 8, 1989 for not more than 10 ye a rs, shall next be revie we d prior to March 8, 2009.
(Code 1988, § 2.14(p); Ord. 98A(1), 8598; Ord. 993(1), 11399, Ord. 993(4), 51299)
The parcels in the Distric t a re loca te d in three genera l areas: 1) a cluste r of parce ls southwest of the 64W a nd 250 West intercha nge; 2) a se cond
cluster of parcels north of Ba tesville, flanked by Dick Woods Road a nd Plank Roa d; a nd 3) a small cluste r of pa rcels south of Plank Road, east of
Ortman Road, a nd north of Dick Woods Road (see Attac hment A). The first cluster of parc e ls is located in the Stockton Cree k watershed. The two
rema ining cluste rs of parcels are loca te d in the Uppe r Mechums River watershed. While the first and third c lusters are characterized by large farm
parc els, the second cluster of parcels is primarily forested.
The District was crea te d in 1989, and originally included 717 acres. In 1999, 3 parce ls and 46 more acres we re adde d. Howe ver, during the 1999
revie w, 107 a cres were removed. The District now include s 18 pa rcels a nd 657 acres.
Agricultural and Forestal District Significance: Of the 657 acre s that comprise the Yellow Mounta in Distric t, 161.20 acres are enrolle d in the
Agricultura l category of the landuse taxation progra m, while 235.75 a cres are enrolled in the Fore stry ca te gory. Enrollment in these tax categorie s
is an indic a tor of active rural land use s.
Land Use other than Agriculture and Forestry: In addition to agric ultural a nd fore stal uses, the Yellow Mountain Distric t include s approximately 23
dwellings.
Local Development Patterns: The Distric t prima rily c onsists of large foreste d parce ls and large farm parcels. Five parce ls in the District, and many
nearby, are unde r conservation e ase ments (see Attachme nt B).
Compre hensive Plan Designation and Zoning Districts: The Yellow Mounta in District is entirely designated a s Rura l Areas in the Comprehensive
Pla n, and the parcels include d in the District are zoned RA Rural Are as. Severa l parcels south of the second cluster and west of the third cluster
are z oned Pla nned Reside ntia l Deve lopment (see Atta c hment C).
Environmental Bene fits: Conse rvation of this area will he lp maintain the environmental integrity of the County a nd a ids in the prote ction of ground
and surface water, agric ultural soils, mountain resource s, critical slopes, and wildlife habitat.
Time Pe riod: The District was c reated on March 8, 1989, and was last re vie wed on January 13, 1999. The Yellow Mountain District is currently on
a 10year revie w c ycle.
Landowners may withdraw their parc els from districts by right during a renewal a t anytime before the Board of Supe rvisors takes final a ction to
continue , modify, or termina te the district. La ndowners were notified of the renewal by c ertified ma il on June 9, 2009. As of this date, no
landowners have requeste d withdrawal.
Agricultural/Forestal Distric ts Advisory Committee Recomm e ndation: On June 22, 2009, the Committee rec ommended tha t the Yellow Mountain District
be continue d for another 10year period.
Staff Recommendation: Staff recommends that the Pla nning Commission recomme nd renewa l of the Ye llow Mountain District for a 10year period.
Attachment:
A. Yellow Mountain District map
B. Conservation Easements in the Yellow Mounta in District
C. Zoning Map
Return to exec summary
AFD2009-00002 Yellow Mountain AF District Review
PC 7-21-09 BoS 9-2-09 4
Attachment A
AFD2009-00002 Yellow Mountain AF District Review
PC 7-21-09 BoS 9-2-09 5
Attachment B
AFD2009-00002 Yellow Mountain AF District Review
PC 7-21-09 BoS 9-2-09 6
Attachment C
Draft: August 7, 2009
Attachment B
ORDINANCE NO. 09-3(3)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended and
reordained as follows:
By Amending:
Sec. 3-228 Yellow Mountain Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-228 Yellow Mountain Agricultural and Forestal District.
The district known as the "Yellow Mountain Agricultural and Forestal District" consists of the
following described properties: Tax map 54, parcel 71B; Tax map 55, parcel 15; tax map 70, parcels 15,
15A, 15D, 15E, 29, 37B, 37B1 (part), 37D (part), 37K, 37L; tax map 71, parcels 2B, 22, 22A, 22B, 64,
64A. This district, created on March 8, 1989 for not more than 10 years and last reviewed on September
2, 2009, shall next be reviewed prior to March 8, 2009 September 2, 2019.
(Code 1988, § 2.1-4(p); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99, Ord. 99-3(4), 5-12-99)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____
Albemarle County Planning Commission
February 3, 2009
C onsent Agenda
AFD200900001 Buck Mountain
Review of the Buck Mountain Agricultural/Forestal District: Periodic (10year) rev iew of the Buck Mountain
Agricultural/Forestal District, as required in Section 15.24311 of the Code of Virginia. The dis tric t includes the
properties described as Tax Map 8, Parcels 16A, 16C, 17E, 17F; and Tax Map 17, Parcels 26B, 26C, 26C 1, 26C 2,
26C3, 31 (part), and 32. The district includes a total of 503.89 acres. The area is designated as R ural Area in the
Comprehensive Plan and the included properties are zoned RA Rural Areas. (Scott Clark)
AFD200900002 Yellow Mountain
Review of the Yellow Mountain Agric ultural/Forestal Distric t: Periodic (10year) review of the Yellow Mountain
Agricultural/Forestal District, as required in Section 15.24311 of the Code of Virginia. The dis tric t includes the
properties described as Tax map 54 Parc el 71B; Tax Map 55 Parcel 15; Tax Map 70 Parc els 15, 15A, 15D, 15E, 29,
37B, 37B1 (part), 37D (part), 37K, 37L; Tax Map 71 Parc els 2B, 22, 22A, 22B, 64, 64A. The district includes a total
of 656.72 acres. The area is designated as R ural Area in the Comprehens ive Plan and the included properties are
zoned R A Rural Areas. (Scott Clark)
Mr. Struck o asked if any Commissioner w ould like to pull an item from the consent agenda.
Motion: Mr. Morris mov ed and Ms. Porterfield seconded for approval of the consent agenda.
The motion passed by a vote of 6:0.
Mr. Struck o noted that the consent agenda was approv ed
Go to next set of PC minutes
Return to exec summary
Albemarle County Planning Commission
July 21, 2009
AFD200900002 Yellow Mountain Ag Forestal District Review. Review of the Yellow Mountain
Agricultural/Forestal District: Periodic (10year) review of the Yellow Mountain Agricultural/Forestal
District, as required in Section 15.24311 of the Code of Virginia. The district includes the properties
described as Tax map 54 Parcel 71B; Tax Map 55 Parcel 15; Tax Map 70 Parcels 15, 15A, 15D, 15E, 29,
37B, 37B1 (part), 37D (part), 37K, 37L; Tax Map 71 Parcels 2B, 22, 22A, 22B, 64, 64A. The district
includes a total of 656.72 acres. The area is designated as Rural Area in the Comprehensive Plan and the
included properties are zoned RA Rural Areas. (Eryn Brennan)
Ms. Brennan presented a PowerPoint presentation and summarized the staff report.
Staff recommends the Planning Commission recommend renewal of the District for another tenyear
period.
Mr. Edgerton opened the public hearing and invited public comment. There being none, he closed the
public hearing to bring the matter before the Commission.
Motion: Ms. Porterfield moved and Mr. Franco seconded, to recommend approval of AFD200900002,
Yellow Mountain Agricultural Forestal District Renewal for a tenyear period.
The motion passed by a vote of 4:0.
Mr. Edgerton stated that AFD200900002, Yellow Mountain Renewal would go before the Board of
Supervisors on September 2, 2009 with a recommendation for approval.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
CIP Proces s R eview and Modification
SUBJECT/PR OPOSAL/REQUEST:
Follow up Work Session
STAFF CON TA CT(S):
Messrs. Tucker, Foley and Letteri
LEGAL R EVIEW:
No
A GENDA DATE:
September 2, 2009
A CTION: X INFOR MA TION:
C ONSENT AGENDA:
ACTION : INFORMATION:
A TTACHMENTS: Yes
R EVIEW ED B Y:
BACK GROUND :
During last year’s CIP review process the Board direc ted staff to develop improvements to the CIP review proces s
and to consider, in particular, modifications to the Ov ers ight Committee Charter. The goal of these process
modifications w as to improve a) the c ons istency and appropriateness of project ranking; b) the degree of objectivity
in the prioritization and ranking of projects ; c) the alignment of project priorities with principle goals and strategies of
the Board; and d) the level of collaboration and balance among local government and school projec ts.
DISCU SSION :
Consistent with the Board’s directive, staff is prepared to present at Wednesday’s work session proc ess
modifications and improvements that we believe will address the Board’s concerns as referenced abov e. Our
approac h has been as follows:
Develop s ample “Guiding Principles” (attachment A) for the Board’s consideration to help guide the rev iew
and prioritization process and ensure consistenc y w ith the Board’s goals and objectives;
Develop detailed ranking c riteria (attachment B) to ensure scoring cons istency and prioritiz ation in alignment
w ith the approved “guiding principles and board objectives;
Modify the CIP Oversight Committee Charter (attachment C ) to promote collaboration, clarify function and
expected outcomes and help ensure a final rec ommendation that represents the collective, collaborative
opinion of the Committee.
The primary purpose of the work session is to review s taff's suggestions and receive input from both Boards,
particularly on the "Guiding Principles" and "R anking Criteria". Becaus e these two documents will provide the
principle guidance used by the Technical Review Team and CIP Oversight C ommittee, input from both Boards on
this information is important as the C IP process begins. While this information will be "piloted" through this year's
process , these two documents should generally reflec t the shared s ens e of the two boards regarding priority
considerations in evaluating capital projec ts.
BUDGET IMPACT:
None
RECOMMENDA TION S:
Staff recommends approv al of the attac hed “Guiding Principles”, “CIP R anking Criteria”, “Technical Rev iew Team
Charter” and the “CIP Oversight Committee Charter” to be incorporated in this year’s CIP process as a pilot
program. Additional rec ommendations may be considered during the work session, by the Oversight Committee
during this year’s process, or by the board as part of a postCIP, less ons learned evaluation conducted in the spring.
ATTAC HMENTS
Attachment A: Guiding Principles
Attachment B: CIP R ank ing Criteria
Attachment C: CIP Oversight Committee Charter
Attachment D: CIP Technical Review Team C harter
Return to regular agenda
C apital Improvements Program
Guiding Principles
By authority of the Albemarle C ounty Board of Superv isors, the follow ing “Guiding Principles” shall gov ern all
decisions related to the prioritization and funding of all proposed capital projects:
Maintain public safety as a key component of Albemarle’s liv ability;
Provide and maintain educ ation facilities and technologies that enhance teaching and learning;
Support and enhance Albemarle C ounty’s overall quality of life and community desirability and livability ,
including projec ts that contribute to the arts, education, community events, outdoor recreation, historic and
c ultural heritage, and social opportunities;
Improve and maintain critic al C ounty facilities to a 40year useful life to improve functionality of buildings
and preserve as sets;
Provide welllocated, safe and efficient facilities to provide quality customer service and increase employ ee
productivity;
Incorporate environmentally sensitive and energy efficient systems into C ounty facilities;
Respond to technological innovations and incorporate tec hnological rather than spatial solutions when
appropriate;
Pursue innovative arrangements for financing approaches including, but not limited to, public/private
partnerships; ground lease of C ounty properties in high value areas; leaseback and leasepurc hase options ,
and intergovernmental cooperation;
Assist departments in preserving and maintaining the County's investment in buildings , land, infrastructure,
and equipment;
Recommend projects based on a prioritized ranking sys tem and the effectiv e utilization of available outside
funding sourc es (Federal, State, other) in addition to appropriate County funding levels.
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CIP Ranking C riteria
Project Rank ing By Area of Emphasis
All submitted or proposed C apital Improvement Projects will be subjec t to ranking in acc ordance with the criteria and
scoring sys tem below. Areas of emphasis will include the following 10 categories:
1) Health and Safety (15%)
2) Education (15%)
3) Regulatory C ompliance (10%)
4) Quality of Life (10%)
5) Infrastructure (10%)
6) Sustainability/Energy Efficiency (10%)
7) Economic/Community Development (10%)
8) Special Considerations (10%)
9) Impact on Operational Budget (5%)
10) Timing/Location (5%)
Each project will be ev aluated against eac h area of emphasis and sc ored on a scale of 1 through 4 based on the
degree to which the projec t addresses the attributes of the particular area of emphasis.
Descriptions of each area of emphasis and the attributes or considerations that will determine the score are as
follows:
1) Health and Safety (15%)
Health and safety typic ally involves s uch things as fire service, polic e s ervice, emergency respons e and
communications, safe roads, public health, and flood control, as examples. A health clinic, fire station or police
station would directly impact the health and safety of citizens, thus scoring high in this category. Similarly, safety
improvements in a school or public building might sc ore points in this c ategory while adding concess ion stands to an
existing fac ility would probably not. Considerations w ould include the following:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) Does the project directly reduce risk s to people or property (i.e. flood c ontrol)?
e) Does the project directly promote improved health or safety?
f) Does the project mitigate an immediate risk?
2) Education (15%)
This category relates to education and learning. New facilities, renov ations or technologies that create or enhance
educational opportunities are included in this category. Items addres sed would also include major renovations or
facility maintenance improvements to preserve assets or upgrade school or other educational facilities. Finally, this
category w ould also include technological upgrades or improvements and facility improv ements des igned to improv e
or enhance the learning environment. A project to add a classroom w ing to replace temporary
trailer facilities at a public school would s core high in this category. Considerations in establishing the score
include:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by School Board sponsored service plans, s trategic plans or s pecial
studies ?
c ) Is the project supported by special surveys or community input?
d) Does the project addres s an immediate and necess ary space need?
e) Does the project acc ommodate an ess ential program, or is it a program enhancement?
f) Is the project mandated?
g) Is the project intended to bring parity and consistency among similar facilities?
3) Regulatory C ompliance (10%)
This criterion includes regulatory mandates such as c ourts, prisons, sc hools, storm w ater/creek flooding problems,
ADA, etc. The score w ill be based on c onsiderations such as:
a) Does the project addres s a legislative, regulatory or courtordered mandate (0 – 5 years)?
b) Will the future project impact foreseeable regulatory iss ues (5 – 10 years)?
c ) Does the project promote longterm regulatory compliance (>10 yrs )?
d) Will there be serious negative impact on the County if c ompliance is not achieved?
e) Are there other ways to mitigate the regulatory concern?
4) Quality of Life (10%)
Quality of Life is a characteristic that makes the County a desirable plac e to live and work. For example, public
parks, libraries, schools , multiuse trails, open space, and preservation of community character enhance the quality
of life for citizens. A C ounty maintenance building is an example of a project that may not directly affect the
citizen’s quality of life. The score will be based on the following attributes or considerations:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) Does the project increas e or enhanc e educational opportunities for County citizens generally?
e) Does the project increas e or enhanc e recreational opportunities and/or green spac e?
f) Does the project target the quality of life of all citizens or does it target one demographic? Is one
population affected positively and another negatively?
g) Does the project preserve or improve the historical or natural heritage of the County?
h) Does the project affect traffic positively or negatively?
i) Does the project improv e, mitigate and or prevent degradation of environmental quality (e.g. water
quality, improve or reduc e pollution inc luding noise and/or light pollution)?
5) Infrastructure (10%)
This element relates to basic or core infrastructure needs of the County . Typical projects in this category w ould
include utility/service infrastructure suc h as storm water systems, underground utilities , sidew alks,
streets /transportation facilities, broadband or w ireless communication sy stems, streetscapes, and County service
facilities. Buildings would also be inc luded to the ex tent they address a basic functional need of the County.
Constructing a facility in excess of fac ility or service s tandards would score low in this category. The score will be
based on the following attributes or considerations:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) Is there a facility being replaced that has exceeded its useful life and to what extent?
e) Do resources spent on maintenance of an existing fac ility justify replac ement?
f) Does this replace an outdated system?
g) Does the facility/system represent new technology that w ill provide enhance service?
h) Does the project extend service for desired growth?
6) Sustainability/Energy Efficiency (10%)
This criterion relates to the Board’s objective to build in a sustainable and energy effic ient manner. Projects in this
category w ill be those that directly involve energy savings, LEED certification or reduced carbon emissions. A
project that directly reduc es energy use or achieves silver LEED certific ation would s core high in this category; a
project that involves negative impacts to the environment or an increas e in the carbon footprint will sc ore low .
Consideration in this area of emphasis would include:
a) Will the project result in a reduction or increase in energy use?
b) Does the project involve specific energy reduction strategies or features?
c ) Will the project achieve LEED certification?
d) Will the project have a longterm pos itive impact on the environment?
e) Will the project negativ ely impact the environment?
f) Is there a reasonable pay back period for the project’s investment?
g) Is the project designed to promote or encourage sus tainable development?
7) Economic/Community Development (10%)
Economic /community development c ons iderations relate to projects that foster the dev elopment, redevelopment or
expansion of a diversified business/indus trial base or designated growth area. Projects that will help create jobs and
generate a positive financial contribution to the County would be inc luded in this category, as would a new park or
streets cape project in a designated growth area. Providing the needed infrastructure to encourage redevelopment of
a shopping center would score high in this category. Rec onstructing a s torm drain line through a residential
neighborhood w ould lik ely score low in the economic development category. The s core w ill be based on the
following attributes or c ons iderations:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) Does the project hav e the potential to promote economic/community development in areas where
growth is desired?
e) Will the project continue to promote or enhance economic/community development in an already
developed area?
f) Is the net impact of the project positive (total projected tax revenues of economic/c ommunity
development less costs of providing s erv ices)?
g) Will the project produc e desirable jobs in the County?
h) Will the project rejuvenate an area that needs assistanc e?
8) Special Considerations (10%)
This area of emphasis relates to projects that because of special circumstances or emergencies must be undertak en
immediately or in the v ery near future. Projects scoring high in this category must demonstrate an immediate
mandate or hazard that cannot be ignored. C onsiderations pertinent to this category inc lude:
a) Is there an immediate legislative, regulatory or judic ial mandate, which, if unmet, will result in
serious detriment to the County, and there is no alternative to the project?
b) Is the project required to protect against an immediate and significant health, safety or general
welfare hazard/threat to the C ounty?
c ) Is there a significant ex ternal funding s ource that can only be used for this project and/or which will
be lost if not used immediately (e.g. proffers, grants through various federal or state initiatives, and
private donations)?
Note: It’s possible that c ertain projec ts in this category will be of such urgency or importance that they will receiv e
priority funding regardless of the overall s core.
9) Impact on Operational Budget (5%)
Some projects may affect the operating budget for the next few years of for the life of the facility. A fire station or
library mus t be staffed and supplied; therefore these projects have an impact on the operational budgets for the life
of the fac ility. R eplacing a storm water line will not require any additional resources from the operational budget.
The sc ore will be based on considerations such as:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) Will the facility require additional personnel to operate?
e) Will the project lead to a reduction in personnel or maintenance costs or increased productivity?
f) Will the facility require significant annual maintenance?
g) Will the new facility require additional equipment not inc luded in the project budget?
h) Will the new facility reduce time and resources of County or School s taff maintaining current
outdated systems?
i) Will the efficiency of the project save money?
j) Is there a revenue generating opportunity (e.g. user fees)?
k ) Does the project minimiz e lifecycle c osts?
10) Timing/Location (5%)
Timing and location are important aspects of a project. If the projec t is not needed for many years it w ould score
low in this category. If the project is close in proximity to many other projects and/or if a project may need to be
completed before another one can be started it would s core high in this category. The score will be bas ed on the
following considerations:
a) Is the project in conformance with and supportive of the goals, objec tives and strategies of the
Comprehensive Plan?
b) Is the project supported by C ounty sponsored service plans, master plans, strategic plans or
special studies?
c ) Does the project relate to the results of the citizen s urv ey, Board of Supervisor policy , or appointed
committee or board?
d) When is the project needed?
e) Do other project require this one to be finished first?
f) Does the project require others to be completed firs t? If so, what is the magnitude of potential
delays?
g) Can this project be done in conjunction w ith other projec ts?
h) Will it be more economical to multiple projects together?
i) Will it help in reducing repeated neighborhood disruptions?
j) Will there be a negativ e impact of the c onstruction and if so, can this be mitigated?
k ) Are there interjurisdic tional considerations?
l) Does the project use an existing County ow ned or c ontrolled site or facility?
m) Will delay of the projec t result in significantly higher construction c osts in the future?
n) Does the project involve external funding or partnership where funds w ill be lost if not constructed?
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CIP Oversight Committee Charter
Charge: The Capital Improvement Program (C IP) is the planning guide for County expenditures for major capital
facilities and equipment and includes a 5year approved CIP balanced to revenues and a tenyear Capital
Asses sment to identify longterm capital needs beyond the 5year CIP. The C IP Oversight Committee will assist
the County in the CIP proc ess by reviewing and evaluating the recommended CIP brought forward by the C IP
Technic al R eview Team. The Committee will assure that the propos ed CIP projects are aligned with County
policies, established priorities, guiding principles and long term vision, as defined in the C ounty’s Strategic Plan.
The Committee will also assure that the recommended 5year CIP is aligned with approved financial policies and
that the C ounty’s financial stability is maintained through the prudent use of its revenues. The CIP Ov ersight
Committee will report its recommendations directly to the C ounty Executive.
Member R esponsibilities:
Rev iew the recommended CIP presented by the C IP Technical Review Team;
Ensure that the proposed project ranking is properly and cons istently applied;
Propose modifications/improvements to the projec t ranking sy stem;
Ensure that all C IP projects carry out the County’s longrange goals and objectives;
Ensure that the recommended 5year C IP addres ses County needs through the proper timing, prioritization
and balance of local government and school div ision projects ;
Ensure that County revenues are used w isely to address the County’s capital needs and that the
rec ommended CIP conforms to approved financial policies, including the use of ongoing revenues and
borrow ed funds ;
Propose revisions or adjustments to the 5year C IP proposed by the CIP Tec hnic al R eview Team, if needed;
Rec ommend a 5y ear CIP with any documented revisions to the County Executive.
Team Composition:
Two members of the Albemarle County Board of Supervisors
Two members of the Albemarle County School Board
One Planning Commiss ion representative
One community/busines s representativ e
Staff Support:
Assistant County Exec utiv es
Assistant Superintendents of Schools
Director of Facilities Development
The Director of Facilities Development will serve as the Team Facilitator to ensure that the Team’s work is
documented and effec tively communic ated.
Time Frame:
The CIP Oversight Committee will meet during the month of November.
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CIP Technical Review Team Charter
Charge: The Capital Improvement Program (CIP) is the planning guide for C ounty ex penditures for major capital
facilities and equipment and includes a 5year approved CIP balanced to revenues and a tenyear Capital
Asses sment to identify longterm capital needs beyond the 5year CIP. The CIP Technical Review Team will
assist the County in the C IP process by assuring that the technical aspects and cos ts of each of the requested
projects have been well researched and documented. The team will also review, evaluate and document the need
for eac h project and mak e recommendations for priority funding based on the establis hed CIP evaluation criteria.
The CIP Technical Review Team will report their recommendations to the C IP Oversight Team.
Member R esponsibilities:
Rev iew all CIP project requests for clarity, accuracy and appropriate timing;
Meet with project submitters to clarify requests and propose revis ions, if needed;
Rank requested CIP projects based on established evaluation criteria;
Rev iew available revenues and debt service requirements for project requests based on approved C ounty
financial policies;
Prioritize 5year CIP projects bas ed on their ranking and available revenues;
Dev elop a recommended CIP sc enario (s) for the 5year CIP and the tenyear Capital Needs Assessment
bas ed on revenue projections;
Forward recommendation to the CIP Oversight Team for their review .
Team Composition: The CIP Technic al R eview Team is recommended to be composed of the following members :
Director of General Serv ices
Director of Planning
Director of Building Services
Executive Director, Fisc al Services
Budget Analyst
Senior Project Manager
Capital Program Manager
Management Analyst
The Office of Facilities Development’s Capital Program Manager will serve as the Team Leader to ensure that the
Team’s work is documented and effectiv ely communicated.
Time Frame:
The CIP Technical Team will meet as needed during the month of October.
Ret urn t o ex ec summary