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Home My WebLink About2010-10-06Tentative BOARD OF SUPERVISORS T E N T A T I V E OCTOBER 6, 2010 9:00 A.M., AUDITORIUM COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Recognitions: a. Farmington Country Club/The First Tee National School Program. b. Sherriff’s Office Reaccreditation, Chip Harding. c. Albemarle Firefighters Association for their fundraising in support of the MDA, Liz Nixon. d. Proclamation recognizing the 100th Anniversary of the Crozet Volunteer Fire Company. e. Virginia Wine Month - October 2010, Lee Catlin. 5. From the Board: Matters Not Listed on the Agenda. 6. From the Public: Matters Not Listed for Public Hearing on the Agenda. 7. Consent Agenda (on next sheet). 9:45 a.m. – Public Hearings: 8. FY 2011 Budget Amendment and Appropriations. 9. To consider granting an easement to 1100 Crozet Avenue, LLC across property owned by the County known as Parcel ID 05600-00-00-01100. This easement would be for the construction and maintenance of a sanitary sewer line by 1100 Crozet Avenue, LLC on the County property to provide sewer service to 1100 Crozet Avenue (Parcel ID 056A2-01-00-00700). 10:15 a.m. – Presentations Items 10. 10:15 a.m. - JAUNT’s Annual Report, Donna Shaunesey. 11. 10:30 a.m. - Update on Proposed Tethering Ordinance. 12. 11:00 a.m. - County Owned Properties Overview, Bill Letteri. 13. Closed Meeting. 14. Certify Closed Meeting. 15. Boards and Commissions: a. Vacancies/Appointments. 16. 1:50 p.m. - TMDL Update, Rivanna River Basin Commission, Leslie Middleton. 2:00 p.m. - Work Sessions: 17. Places 29: A Master Plan for the Northern Development Areas, David Benish/Judy file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20101006/00_Agenda.htm (1 of 3) [10/1/2020 2:22:37 PM] Tentative Wiegand. 18. Solid Waste Management Options, Mark Graham. 19. From the Board: Matters Not Listed on the Agenda. 4:00 p.m. – Joint Meeting with School Board. 20. Call to Order. 21. Total Compensation Report. 22. Adjourn to October 12, 2010, 9:00 a.m., Room 241. C O N S E N T A G E N D A FOR APPROVAL: 7.1 Approval of Minutes: June 9(A) and June 9(N), 2010. 7.2 FY 2010 ACE Appraisals and Easement Acquisitions. 7.3 FY 2010 Budget Amendment and Appropriations 7.4 FY 2010/12 Operating and Capital Budget Calendar. 7.5 Rivanna River Basin Commission Memorandum of Understanding regarding grant for Downtown Crozet Stormwater Wetlands Project. 7.6 2008 State Homeland Security Grant; Citizen Preparedness (CFDA # 97.073) Resolution. 7.7 2009 State Homeland Security Grant; Citizen Preparedness (CFDA # 97.073) Resolution. 7.8 2009 State Homeland Security Grant; Regional Emergency Operations Center Plan Project (CFDA # 97.073) Resolution. 7.9 Resolution requesting roads in Retriever Run Subdivision into the State Secondary System of Highways. FOR INFORMATION: 7.10 Resource Management Review Update. 7.11 Library Analysis Scope of Work. file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20101006/00_Agenda.htm (2 of 3) [10/1/2020 2:22:37 PM] Tentative 7.12 FY10 End-of-Year Preliminary Financial Report. 7.13 VDoT Monthly Report. Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20101006/00_Agenda.htm (3 of 3) [10/1/2020 2:22:37 PM] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Approval of FY 10 ACE Appraisals and Easement Acquisitions SUBJECT/PROPOSAL/REQUEST: Approval of six appraisals from Round 10 ACE properties (FY 10) and purchase of the top three ranked properties STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Herrick, Cilimberg, Benish, and Goodall LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On April 7, 2010, the Board approved the Acquisition of Conservation Easement (ACE) Committee’s request to have the top three ranked properties from the Round 10 applicant pool (FY 10) appraised: the Lively, Pugh/Stanerson, and Barksdale properties (see Attachment A). Based on estimated easement values for these properties prior to the official appraisals, the ACE Committee believed that the ACE Program fund balance would be enough to purchase most or all of the easements. Even if it were not, the Committee believed it would be prudent to obtain appraisals on extra properties in the event that any applications were withdrawn. The Board of Supervisors determines which easements are to be purchased in the ACE Program. County Code § A.1-111(A) provides in part: "From the list of applications received under section A.1-110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.1-111(B)." Because it is possible that not every invited applicant will submit an actual offer to sell, if one or more applicants were to drop out of the pool, other applicants would be substituted until the eligible applicants or available funding were exhausted. DISCUSSION: All three appraisals were completed in early August and submitted to the Appraisal Review Committee (ARC) (Attachment B). On August 13, the ARC met and officially approved each of the appraisals. With $538,918 of remaining funds from FY 10 (after recent budget reductions), $350,000 from the FY 2010-11 appropriation, and $143,832 from two grants from the Office of Farmland Preservation, the ACE Program has a total of $1,032,750 for easement acquisitions. With a projected net cost of $1,029,000, the ACE Program has just enough funding to acquire these three, highest ranked properties from the FY 10 applicant pool (see Attachment C). The ACE Committee therefore recommends the purchase of all three easements, over the Lively, Pugh/Stanerson, and Barksdale properties. Acquisition of these easements would eliminate 36 development rights and all three properties have significant tourism value. The acquisition of all three appraised properties would also result in the following resource protection: Protection of 546 acres of farm and forestland 3,386 feet of state road frontage 8,129 feet of riparian buffer, including 4,100 feet on the Rivanna River 40 acres of mountain top protection 7,236 feet of common boundary with other protected lands, including 1,076 feet on Walnut Creek Park 255 acres of “prime” farm and forestland BUDGET IMPACT: Funding for the purchase of these conservation easements comes from the CIP-Planning-Conservation budget (line- item 9010-81010-580409). AGENDA TITLE: Approval of FY 10 ACE Appraisals and Easement Acquisitions October 6, 2010 Page 2 RECOMMENDATIONS: Staff recommends that the Board: 1) Approve the three (3) appraisals by Pape and Company for applications from the year FY 10 applicant pool (see Attachment B); 2) Approve the purchase of ACE easements on the top three ranked properties from the year FY 10 applicant pool, (Lively, Pugh/Stanerson, and Barksdale properties); and 3) Authorize staff to invite these three applicants to make written offers to sell conservation easements to the County. ATTACHMENTS A - Ranking Order of ACE Applicants for Round 10 – FY2009-10 B - Easement Values and Acquisition Costs for Round 10 – FY2009-10 C - ACE Budget for Round 10 – FY2009-10 Return to consent agenda Return to regular agenda 1 Attachment “A” Ranking Order of ACE Applicants from Round 10 (FY 2009-10) (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Points Tourism Status Lively, Julius TM 93, Parcel 53 90.950 acres 48.45 points yes new (Simeon) TM 93, Parcel 53C 10.650 acres TM 93, Parcel 53D 10.500 acres TM 93, Parcel 54 184.570 acres Total 296.670 acres Ethel Pugh/Stanerson TM 56, Parcel 25C 96.220 acres 33.36 points yes new (Ivy) Barksdale, John TM 100, Parcel 34 153.010 acres 28.71 points no re-enrollee (Walnut Creek) Thurman, Thelma TM 94, Parcel 20A 108.400 acres 25.36 points no re-enrollee (Milton) Rives, Barclay TM 65, Parcel 93A1 3.811 acres 24.58 points yes re-enrollee (Cismont) TM 65, Parcel 94 3.000 acres TM 65, Parcel 94 “A” 1.250 acres TM 65, Parcel 94 “B” 15.950 acres TM 65, Parcel 95 4.872 acres TM 65, Parcel 95A 3.978 acres TM 65, Parcel 121 38.840 acres Total 71.701 acres Rushia, Ed & Chris TM 39, Parcel 27 86.700 acres 22.43 points yes re-enrollee (Crozet) Nash/Violette TM 71, Parcel 43 40.160 acres 21.06 points yes new (Greenwood) William Traylor TM 48, Parcel 45 14.569 acres 10.27 points no new - ineligible (Stony Point) TM 48, Parcel 46 25.456 acres Total 40.025 acres _______________________________________________________________________________________________ Totals 8 applicants 862.926 acres Note: Tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. 2 ACE Ranking Evaluation Criteria & Points Determination Owner: Lively, Julius Property: TM 93, Parcel 53 ( 90.950 acres) 3 DivR’s + 5 DevR’s = 8 DR’s TM 93, Parcel 53C ( 10.650 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 53D ( 10.500 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 93, Parcel 54 (184.570 acres) 8 DivR’s + 4 DevR’s = 12 DR’s Total (296.670 acres) 11 DivR’s + 19 DevR’s = 30 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 ¼ mile from Limestone Farm plats/County overlay maps 2.00 Criteria A.2 296.670 acres RE Assessor’s Office 5.93 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 24 DR’s eliminated Zoning & Planning Departments 12.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 1,340 feet on Route 53 County tax map/plats 4.23 (Entrance Corridor) Criteria C.4 yes - in Monticello viewshed PEC/Monticello viewshed maps 2.00 Criteria C.5 yes - Henderson habitat zone DCR Division of Natural Heritage 5.00 Criteria C.6 102 acres “prime” farm/forest County Soil Survey 2.04 Criteria C.7 4,100 feet on the Rivanna River County overlay maps 4.10 Criteria C.8 yes - Rivanna River plat/survey/County overlay maps 2.05 Criteria C.9 35 foot buffer on Rivanna River landowner 4.10 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 48.45 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. 3 ACE Ranking Evaluation Criteria & Points Determination Owner: Ethel R. Pugh/Bettie Stanerson Property: TM 56, Parcel 25C (96.220 acres) 4 DivR’s + 2 DevR’s = 6 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,900 feet on TM 72-20A plats/County overlay maps 8.72 1,450 feet on TM 56-113 Criteria A.2 96.220 acres RE Assessor’s Office 1.92 Criteria B.1 no landowner 0.00 Criteria B.2 yes (retired, medical issues) landowner 3.00 Criteria B.3 5 usable DR’s eliminated Zoning & Planning Departments 2.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 370’ on I-64 (EC) County tax map/plats 3.21 600’ on SR 683 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes (w/in ¼ mile) DCR Division of Natural Heritage 3.00 Criteria C.6 49 acres County Soil Survey 0.98 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 4,029’ on Stockton Mill Creek landowner 4.03 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 33.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 4 ACE Ranking Evaluation Criteria & Points Determination Owner: Barksdale, John Property: TM 100, Parcel 34 (153.010 acres) 7 DivR’s + 3 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,076 feet on Walnut Creek Park plats/County overlay maps 9.77 2,810 feet on C. Hudson Criteria A.2 153.010 acres RE Assessor’s Office 3.06 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 7 usable DR’s eliminated Zoning & Planning Departments 3.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 1,076 feet on SR 631 County tax map/plats 3.08 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 mafic outcrops w/ rare plants? DCR Division of Natural Heritage 3.00 Criteria C.6 105 acres County Soil Survey 2.10 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 88% funding Based on income grid 1.20 Point Total 28.71 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 5 ACE Ranking Evaluation Criteria & Points Determination Owner: Thurman, Thelma Property: TM 94, Parcel 20A (108.400 acres) 4 DivR’s + 5 DevR’s = 9 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 w/in ¼ mile of Limestone Farm County overlay map 2.00 Criteria A.2 108.400 acres RE Assessor’s Office 2.17 Criteria B.1 no landowner 0.00 Criteria B.2 yes landowner 3.00 Criteria B.3 6 DR’s eliminated Zoning & Planning Department 3.00 Criteria C.1 no County overlay map 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 2,647’ on SR 623 County overlay map 4.65 Criteria C.4 no DHR & Monticello viewshed maps 0.00 Criteria C.5 no DCR - Division of Natural Heritage 0.00 Criteria C.6 55 acres “prime soil” County Soil Survey 1.10 Criteria C.7 no County overlay map 0.00 Criteria C.8 no County overlay map 0.00 Criteria C.9 2,958’ w/ 50-100’ wide buffers landowner 4.44 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay map 0.00 Criteria C.12 no Department of Forestry 0.00 Criteria D.1 n/a VOF, PEC, TNC etc. 0.00 Point Total 25.36 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conserv ancy DHR = Department of Historic Resources; DCR = Department of Conservation and Recreation SFRR = South Fork Rivanna River Reservoir 6 ACE Ranking Evaluation Criteria & Points Determination Owner: Rives, Barclay Property: TM 65, Parcel 93A1 ( 3.811 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 ( 3.000 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “A” ( 1.250 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 94 “B” (15.950 acres) 0 DivR’s + 5 DevR’s = 5 DR’s TM 65, Parcel 95 ( 4.872 acres) 0 DivR’s + 2 DevR’s = 2 DR’s TM 65, Parcel 95A ( 3.978 acres) 0 DivR’s + 1 DevR’s = 1 DR’s TM 65, Parcel 121 (38.840 acres) 1 DivR’s + 6 DevR’s = 7 DR’s Total (71.701 acres) 1 DivR’s + 17 DevR’s = 18 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 783 feet on Mirza (TM 65 -93) plats/County overlay maps 3.57 Criteria A.2 71.701 acres RE Assessor’s Office 1.43 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 16 DR’s eliminated Zoning & Planning Departments 8.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 470 feet on Route 231 County tax map/plats 2.92 144 feet on SR 740 Criteria C.4 yes - SWMHD PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 33 acres County Soil Survey 0.66 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 yes (Kinloch Ag-For) County overlay maps 2.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 24.58 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District. 7 ACE Ranking Evaluation Criteria & Points Determination Owner: Rushia, Ed & Christina Property: TM 39, Parcel 27 (86.700 acres) 3 DivR’s + 5 DevR’s = 8 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 990 feet on Henley plats/County overlay maps 11.54 1,922 feet on Shaw 1,856 feet on Pietsch Criteria A.2 86.700 acres RE Assessor’s Office 1.73 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 61 acres in MOD County overlay maps 2.97 35 acres in RAB Criteria C.2 no landowner 0.00 Criteria C.3 none County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 8 acres County Soil Survey 0.19 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 none landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 22.43 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 8 ACE Ranking Evaluation Criteria & Points Determination Owner: Margaret Nash/Martin Violette Property: TM 71, Parcel 43 40.160 acres 1 DivR’s + 6 DevR’s = 7 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 none plats/County overlay maps 0.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 6 usable DR’s eliminated Zoning & Planning Departments 3.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 730’ on I-64 (EC) County tax map/plats 3.87 654’ on SR 824 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 yes - snail on Stockton Creek DCR Division of Natural Heritage 5.00 Criteria C.6 28 acres County Soil Survey 0.56 Criteria C.7 SF Rivanna River Watershed County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 1,834’ - 1 side Stockton Mill Creek landowner 1.83 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 n/a Based on income grid 0.00 Point Total 21.06 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 9 ACE Ranking Evaluation Criteria & Points Determination Owner: Traylor, William Property: TM 48, Parcel 45 14.569 acres 0 DivR’s + 5 DevR’s = 5 DR’s TM 48, Parcel 46 25.456 acres 0 DivR’s + 5 DevR’s = 5 DR’s Total 40.025 acres 0 DivR’s + 10 DevR’s = 10 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 <¼ mile of Gunn (TM 48-47C) plats/County overlay maps 2.00 Criteria A.2 40.160 acres RE Assessor’s Office 0.80 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 9 usable DR’s eliminated Zoning & Planning Departments 4.50 Criteria C.1 yes - 34 acres in MOD County overlay maps 0.68 Criteria C.2 no landowner 0.00 Criteria C.3 right-of-way County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 39 acres of “prime” farm/forest County Soil Survey 0.78 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 756’ on perennial, internal stream landowner 1.51 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 yes - wants to donate some portion Based on income grid ???? Point Total 10.27 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District 10 Sec. A.1-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points, with one additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one-quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of usable division rights to be eliminated on the parcel: one-half (1/2) point for each usable division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights. A division right includes all by-right divisions of both 2-acre lots and the 21-acre residual lots. Each right represents the right to build a single dwelling. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each fifty (50) acres in the mountain overlay district, as defined in the Comprehensive Plan. An additional one (1) point may be a warded for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term “ridge area boundary” means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. If the landowner elects to use these points in the ranking criteria, the Deed of Easement shall prohibit all construction within the MOD. No farm building or agricultural structure may be allowed unless prior written approval is obtained from each Grantee”. 2. Working family farm, including forestry: five (5) points if at least one family member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if one family member has as a secondary occupation working the farm sufficient to qualify for the land use tax program. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points, with one (1) additional point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road frontage; or, the parcel is substantially visible from, but is not contiguous to, a public road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points. If the landowner elects to use points in the ranking criteria for frontage on a Virginia scenic highway or byway, any new dwelling shall have a 250’ setback from said roadway or shall not be visible in any season of the year from the scenic road on a site approved by the Grantee. Otherwise, one (1) point will be awarded for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points 11 if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county; two (2) points if the parcel contains artifacts or a site of archaeological or architectural significance as determined by a qualified archaeologist or architectural historian under the United States Department of Interior’s professional qualification standards. If the landowner elects to use these points in the ranking criteria for artifacts or sites of archaeological or architectural significance, the Deed of Easement shall require the permanent protection of these resources as designed by Department of Historic Resources. 5. The parcel contains an occurrence listed on the state natural heritage inventory or a qualified biologist has submitted documentation of an occurrence of a natural heritage resource to the ACE Program and the Division of Natural Heritage on behalf of the applicant: five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence listed on the State Natural Heritage Inventory: two (2) points. 6. The parcel contains capability class I, II or III soils (“prime soils”) for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) po ints. 7. The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of the Moormans River), Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir River, North Fork Rivanna River, Totier Creek Reservoir, Swift Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River, Jacob’s Run, or the Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir: one (1) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. If the landowner elects to use these points in the ranking criteria, any new dwelling shall not be visible from the river or require a 250’ setback from the river so as to maintain the natural, scenic quality of the property from the river. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative forest buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) linear feet of buffer that is between thirty-five (35) and fifty (50) feet wide; one and one-half (1½) points for each one thousand (1000) linear feet of buffer that is greater than fifty (50) feet but not more than one hundred (100) feet wide; two (2) points for each one thousand (1000) linear feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county- sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. 12. One (1) point for a professionally prepared Forestry Stewardship Management Plan approved by the Virginia Department of Forestry. D. County Fund Leveraging. 1. State, federal, or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which thos e funds can be applied. 12 Go to next attachment Return to exec summary Attachment “B” Round 10 (FY 2009-10) – Appraisals & Easement Acquisition Costs for ACE Easements Applicant Total Appraised Value Easement Value (% FMV) ACE Payment (% EV) Lively, Julius $2,730,000.00 $ 590,000.00 (22%) $ 590,000.00 (100%) (Simeon) Pugh/Stanerson $ 684,000.00 $ 162,500.00 (24%) $ 162,500.00 (100%) (Ivy) Barksdale, John $1,500,000.00 $ 350,000.00 (23%) $ 266,000.00 (76%) (Walnut Creek) __________________________________________________________________________________ Totals $4,914,000.00 $1,102,500.00 $1,108,500.00 Notes: 1) % FMV is the percent of “fair market value” of the easement. 2) % EV is the percent of “easement value” that the County will pay to acquire the easement. Go to next attachment Return to exec summary Attachment “C” “Revised” ACE Budget for Round 10 (FY 2009-10) Applicant Pool County Funds Available from FY09-10 Appropriation $ 1,008,917.69 Funds Reduced by BOS from FY09-10 Allocation - 470,000.00 Current County Funds Available from FY09-10 Appropriation $ 538,917.69 Funds from 2009 Farmland Preservation Grant 49,900.00 Funds from 2010 Farmland Preservation Grant 93,932.19 Gross Funds Available for FY09-10 Easements $ 682,749.88 Funds Available from FY10-11 Appropriation 350,000.00 Net Funds Available for FY09-10 Easements $ 1,032,749.88 Estimated Acquisition Cost of 3 Highest Ranked Easements: Lively $ 590,000.00 Pugh 162,500.00 Barksdale 266,000.00 Gross Easement Acquisition Cost $ 1,018,500.00 Appraisals 9,000.00 Title Insurance 1,500.00 Net Easement Acquisition Cost $ 1,029,000.00 Net Carryover Funds for New Properties in FY10-11 $ 3,749.88 Note: This budget does reflect a recent $470,000 reduction in the ACE appropriation for FY09-10. It also reflects the addition of $350,000 from the FY10-11 appropriation in order to acquire all three (3) easements that were appraised for the FY09-10 class of applicants. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2010 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriations #2010100, #2010101, #2010102, and #2010103 for various school and local government programs STAFF CONTACT(S): Messrs. Tucker, Foley, and Davis, and Ms. L. Allshouse LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment which 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 County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of the new requested FY 2010 appropriations, itemized below, is $1,483,264.84. A budget amendment public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the currently adopted budget. DISCUSSION: This request involves the approval of four (4) FY 2010 appropriations as follows: One (1) appropriation (#2010100) totaling $11,860.92 relating to the CCF JABG grant; One (1) appropriation (#2010101) totaling $7,8000.00 for the Carl Perkins Grant; One (1) appropriation (#2010102) totaling $40,571.25 for General Fund over-expenditures; and One (1) appropriation (#2010103) totaling $ 1,423,032.67 for School CIP Fund Balance; A description of this request is provided in Attachment A. RECOMMENDATIONS: Staff recommends approval of the budget amendment in the amount of $ 1,483,264.84 and the approval of Appropriations #2010100, #2010101, #2010102, and #2010103. ATTACHMENTS Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Attachment A Appropriation #2010100 $11,860.92 Revenue Source: Fund Balance $ 11,860.92 In FY 08/09, $10,024.92 was received for the Juvenile Accountability Block Grant (JABG) grant and was inadvertently deposited into an incorrect grant fund. This will move the $10,024.92 out of the Great Grant 2006 fund and into the JABG grant fund. On August 5, 2009, the JABG grant was appropriated and included a transfer in from the Commission on Children and Families (CCF) fund totaling $1,836.00. This corresponding transfer from the CCF fund was not appropriated at that time. This will also appropriate the $1,836.00. Appropriation #2010101 $7,800.00 Revenue Source: Federal Revenue $ 7,800.00 The Carl Perkins Grant provides funding for career and technical education. The mission of the grant is to develop challenging academic and technical education courses in support of the School Division’s strategic plan. Funding for this grant has increased and expenditures have exceeded current appropriations for FY 09/10. This item requests appropriation of additional funds to cover this increase and to balance this fund. Appropriation #2010102 $40,571.25 Revenue Source: Fund Balance $ 40,571.25 Additional appropriations are requested to cover required County obligations in FY 09/10 that exceeded initial budgeted amounts. This request will appropriate $40,571.25 from the General Fund Balance as follows: Circuit Court (juries/employee benefits) $ 16,500.00 Forest Fire Extinguishment $ 1,130.10 Fire Rescue Tax Credit $ 8,770.01 Juvenile Detention Center $ 13,839.64 SPCA Sterilization Program $ 331.50 Appropriation #2010103 $1,423,032.67 Revenue Source: CIP Gen. Govt. Fund Bal $1,423,032.67 This appropriation temporarily transfers funds from the Local Government CIP fund balance to the School’s CIP Fund balance to maintain positive balances in the funds pending receipt of Virginia Public School Authority (VPSA) loan proceeds in late October. During fiscal years 2010 and 2011, staff has made a conscientious effort to delay borrowing as much as possible and utilize accumulated cash balances in the Capital Fund to avoid interest co st. In this particular case, the County deferred $5.7 million in borrowing for a year, thus saving over $350,000 in interest c osts. Ultimately, of course, the County will need to proceed with the borrowing to restore the cash balances used to bridge this financing. Upon receipt of the VPSA proceeds, a second action will be requested to transfer the equivalent amount back to the Local Government CIP to restore the original fund balance. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 11/12 Operating and Capital Budget Calendar SUBJECT/PROPOSAL/REQUEST: Set dates related to the development of the FY 11/12 budget STAFF CONTACT(S): Messrs. Tucker, Davis, Foley, and Wiggans, and Ms. Allshouse LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The process of developing the County’s Operating Budget for FY 11/12 and the Capital Improvements Program (CIP) for FY12-16 is underway. The proposed calendar is provided to the Board to establish firm dates for Board meetings and public hearings on the budget and CIP, and to provide the public with as much notice as possible for planned community meetings, public hearings, and work sessions related to the budget and CIP. DISCUSSION: There are several dates in the budget presentation and approval process that are driven by state code requirements and are reflected in the attached calendars. The first is the requirement that the tax rate be adopted by April 15th for localities with a first-half tax year collection in June. In addition, the Virginia Code requires that there be at least seven days between the public advertisement of the budget public hearings and the actual hearing dates, and at least seven days between the public hearing and the adoption of the budget. During the 2007 session of the General Assembly, legislation was enacted that requires localities to provide at least 30 days notice of the tax rate public hearing if the reassessment would result in an increase of one percent or more in the total real property tax levied compared to the prior year’s tax levies. In addition to these state requirements, the School Board has requested that the second public hearing be scheduled so that it does not coincide with Spring Break. Attachment A provides a preliminary budget calendar for the FY 11/12 budget process that conforms to the Virginia Code requirements and meets the School Board’s request. This calendar includes additional work sessions with the School Board as directed by the Board at its June Strategic Planning Retreat. This calendar can be used if real estate tax levies resulting from the reassessment are less than 101% of the prior year’s tax levies, as current projections indicate. If real estate tax levies resulting from the reassessment equal or exceed 101% of the prior year’s tax levies, staff will have to make adjustments to the calendar. RECOMMENDATIONS: Because it is unlikely that the 2011 reassessment will require the 30 day notice for the tax rate public hearing, staff recommends that the Board adopt the preliminary budget calendar set forth in Attachment A. ATTACHMENTS Proposed FY 11/12 Budget Development Calendar Return to consent agenda Return to regular agenda 1 FY 11/12 BUDGET CALENDAR August 2010 6 CIP project requests due to OMB 11 BOS Budget Work Session 17 Joint BOS/School Board Retreat – Increase understanding of School Budget in context of County Budget September 2010 13 Operating budget manual and instructions available for County departments October 2010 6 Joint Compensation meeting with BOS and School Board 12 BOS Work Session – Local government departments’ base budgets and future needs 13 BOS/School Board Joint Work Session – School baseline review and future needs 15 Complete budget request packet due to OMB November 2010 3 CIP project information to Oversight Committee 3 BOS Work Session – five-year financial plan 9 CIP Oversight Committee meeting #1 10 BOS Work Session – five-year financial plan 12 Community agency submittals due to OMB 16 CIP Oversight Committee meeting #2 23 CIP Oversight Committee meeting #3 (if needed) December 2010 1 BOS Work Session – five-year financial plan 8 Final BOS Work Session – five-year financial plan 8 Joint CIP meeting with BOS and School Board February 2011 25 County Executive’s Recommended Budget document distributed March 2011 2 Public Hearing on County Executive’s Recommended Budget 7 BOS Work Session 9 BOS Work Session – School Division 14 BOS Work Session – CIP 16 BOS Work Session (if needed) 20 Advertize Tax Rate - Daily Progress 30 Public Hearing on Board’s Proposed Budget 30 Public Hearing on the 2011 calendar year tax rate April 2011 6 BOS sets the 2011 calendar year tax rate 6 BOS adopts FY 11/12 budget Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Rivanna River Basin Commission Memorandum of Understanding regarding grant for Downtown Crozet Stormwater Wetlands Project SUBJECT/PROPOSAL/REQUEST: Authorize County Executive to sign MOU. STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Herrick, Shadman, and Harper LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 2009, The Rivanna River Basin Commission (RRBC) received a grant from the National Fish and Wildlife Foundation (NFWF) for a program entitled: Pulling Together: A Watershed Approach for the Rivanna. The County, as a member of the RRBC, provided technical assistance for the preparation and filing of the grant application as well as a letter of support (Attachment A) for the project. The RRBC is allocating a portion of its grant proceeds to member localities to support NFWF projects; including a $107,000 allocation to Albemarle County. DISCUSSION: It is proposed that the $107,000 grant allocation being provided by RRBC to the County be utilized to facilitate the design and construction of the Downtown Crozet Stormwater Wetlands Project. A memorandum of understanding (MOU) associated with the grant has been prepared (Attachment B) that summarizes the responsibilities of both parties. As described in the MOU, the County will assume responsibility for all aspects of design, construction and maintenance of this project, assist the RRBC with the development of project signage and public relations initiatives and provide documentation to the RRBC for the purposes of fulfilling NFWF grant administration requirements. BUDGET IMPACT: A request is being presented to the Board on October 6, 2010 to appropriate the $107,000 of grant funds from the RRBC to the Crozet Stormwater Wetlands Project. The County’s responsibilities outlined in the MOU will not result in any expenditure of County funds beyond what is being provided by RRBC; however, in order to receive this funding, the County is required to report to RRBC information pertaining to its in-kind efforts as stipulated by the NFWF. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to sign the Memorandum of Understanding (Attachment B). ATTACHMENTS A - 2009 Albemarle County Letter of Support to Rivanna River Basin Commission B - Memorandum of Understanding between Albemarle County and the Rivanna River Basin Commission Return to consent agenda Return to regular agenda Memorandum of Understanding between Albemarle County and the Rivanna River Basin Commission for a National Fish and Wildlife Foundation Grant Pulling Together: A Watershed Approach for the Rivanna This Memorandum of Understanding (“MOU”) is made this _____ of ____________, 2010, by and between the Rivanna River Basin Commission (“RRBC”) and the County of Albemarle (“the County”). WHEREAS, the Rivanna River Basin Commission (RRBC) has received a grant – “Pulling Together: A Watershed Approach for the Rivanna” – from the National Fish and Wildlife Foundation (NFWF) in the amount of $725,000 in Federal Funds; and WHEREAS, the County is one of four participating RRBC member localities partnering in this grant; and WHEREAS, on February 18, 2009, the County signed a letter of support for the grant and indicated its intention to complete the Downtown Crozet Stormwater Wetlands Project (hereafter, the “Project”), a stormwater capital project including a forebay, engineered wetlands, and channel improvements to be located on Parcel ID 56-11 in Albemarle County; and WHEREAS, the RRBC has agreed to reimburse the County up to $107,000 of the County’s expenses incurred in association with the Project, provided certain terms specified herein are met. NOW, WHEREFORE, the parties hereby agree as follows: 1. County Responsibilities. The County agrees to: a. Submit an itemized invoice to RRBC requesting reimbursement of $107,000 towards the design of the Downtown Crozet Stormwater Wetlands Project. This invoice will include appropriate material supporting the invoice and a letter from the County’s project manager certifying that the Project design has been completed and all necessary permits have been secured for construction. The invoice seeking reimbursement will be sent directly to the Rivanna River Basin Commission at 706 Forest Street, Suite G, Charlottesville, VA 22903. b. Upon completion of the construction of the Project, submit a letter from the County’s project manager certifying that the Project was constructed according to the design specifications and its performance is consistent with the design intent. c. Provide documentation of overall Project costs and in-kind efforts suitable for use by RRBC in documenting non-Federal match for the NFWF grant. d. Provide technical specifications of the Project, as installed, and photo-documentation of the installation and operation of the Project under wet-weather conditions. e. Coordinate RRBC access to the site for periodic monitoring for at least the duration of the grant performance period. f. Consult with RRBC on the educational signage content and installation at the site. g. Coordinate with RRBC press coverage regarding the Project and provide RRBC with notice of and digital and paper copies, web-links, and email announcements of all press coverage of the Project. h. Provide Project status information to RRBC for use in interim and annual reports due from the RRBC to NWFW on reporting dates following the date of this document. i. Acknowledge in print, signage, web materials and press, dedication events, and reports the RRBC partnership and the Federal grant monies from NFWF and its sponsors (Environmental Protection Agency and Chesapeake Bay Program). j. Operate and maintain the Project. k. Work with RRBC and its Technical Advisory Committee (TAC) on identifying barriers to accelerating innovative stormwater management practices on private County lands by co- hosting workshops, seminars, and roundtables for County staff and community stakeholders. l. Work with RRBC and its TAC on identifying incentives for developers to utilize innovative stormwater management practices by co-hosting workshops, seminars, and roundtables for County staff and community stakeholders. 2. RRBC Responsibilities. The RRBC agrees to: a. Provide Project management and overall coordination with County staff of NFWF grant Project activities. b. Upon receipt of the itemized invoice referenced above and upon RRBC receipt of funding from NFWF for this grant component, provide reimbursement to the County for up to $107,000 in costs associated with the Project. c. Request permission of the County for all access by RRBC and its guests, contractors, and partners to the site for any purpose, including monitoring, Project documentation, and tours. d. Provide durable educational signage regarding the NFWF stormwater management Project at the site in accordance with NFWF grant requirements and those of any other grantors to the County wetland Project and with input from the County. e. Provide support to County staff in identifying barriers to and opportunities for incentives that will accelerate the implementation of innovative stormwater BMPs on private lands by co- hosting workshops, seminars, and roundtables for County staff and community stakeholders. 3. Term. This MOU shall run concurrently with the RRBC’s NFWF grant, from January 1, 2009 through August 31, 2011. IN WITNESS WHEREOF, RRBC and the County of Albemarle have executed this MOU effective as of the date of the final signature below. For the County of Albemarle: ______________________________________ __________________ Robert W. Tucker, Jr., County Executive Date For Rivanna River Basin Commission: _______________________________________ __________________ Leslie B. Middleton, Executive Director Date Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: 2008 State Homeland Security Grant; Citizen Preparedness (CFDA # 97.073) Resolution SUBJECT/PROPOSAL/REQUEST: Resolution to Authorize Actions to Obtain Virginia Department of Emergency Management Grant STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis, and Hanson; and Ms. Thomas LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Virginia Department of Emergency Management (VDEM) has awarded a $9,800.00 reimbursable grant through the National Preparedness Directorate, US Department of Homeland Security, 2008 State Homeland Security Grant (CFDA # 97.073) Program to the Charlottesville-UVA-Albemarle County Emergency Management Office (EMO) of the ECC. The purpose of the grant is to purchase emergency equipment and training for the Community Emergency Response Team (CERT). DISCUSSION: The Charlottesville-UVA-Albemarle County Office of Emergency Management is the grant administrator for this State Homeland Security Grant. Because the County of Albemarle serves as the fiscal agent for the ECC, it is necessary for the Board of Supervisors to adopt the attached resolution authorizing the County Executive , the ECC Emergency Management Coordinator or the EOC Executive Director to execute all g rant-in-aid documents required for implementation of this program in order for the Emergency Management Office of the ECC to administer the grant. BUDGET IMPACT: The County of Albemarle is serving as fiscal agent for this State Homeland Security Grant. Funding being made available by VDEM is 100 percent reimbursable with no additional funding required by the County. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment A) authorizing the County Executive, the ECC Emergency Management Coordinator or the EOC Executive Director to execute all VDEM Grant documents necessary for receipt of the 2009 State Homeland Security Grant. ATTACHMENTS: A – Resolution Return to consent agenda Return to regular agenda (To Be Completed Once Funds are Awarded) BE IT RESOLVED BY THE ________________________________________________Board of Supervisors (Governing Body) OF THE ________________________________________________________ THAT County of Albemarle, Virginia THAT (Name of Applicant) ________________________________________________________________ , ORthe ECC Emergency Management Coordinator , OR (Name or Title of Authorized Agent) ________________________________________________________________ , ORthe ECC Executive Director , OR (Name or Title of Authorized Agent) ________________________________________________________________ , the County Executive , (Name or Title of Authorized Agent) Passed and approved this _______________ day of ____________________________, 20_____6th day of October , 2010 Certification I, ____________________________________________________________, duly appointed andElla W. Jordan , duly appointed and (Name) _________________________________ of the ______________________________________Clerk of the Board of Supervisors (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the _________________________________ of the _______________________________ on theBoard of Supervisors of the Board of Supervisors (Governing body)(Name of Applicant) ______________________ day of ____________________________________, 20__________.6th day of October , 2010 . _Clerk, Board of Supervisors ______ (Official Position) (Signature) October 6, 2010________________ (Date) Return to exec summary is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of Virginia. Governing Body Resolution COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: 2009 State Homeland Security Grant; Citizen Preparedness (CFDA # 97.073) Resolution SUBJECT/PROPOSAL/REQUEST: Resolution to Authorize Actions to Obtain Virginia Department of Emergency Management Grant STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis, and Hanson; and Ms. Thomas LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Virginia Department of Emergency Management (VDEM) has awarded a $6,500.00 reimbursable grant through the National Preparedness Directorate, US Department of Homeland Security, 2009 State Homeland Security Grant (CFDA # 97.073) Program to the Charlottesville-UVA-Albemarle County Emergency Management Office (EMO) of the ECC. The purpose of the grant is to purchase emergency equipment and training for the Community Emergency Response Team (CERT). DISCUSSION: The Charlottesville-UVA-Albemarle County Office of Emergency Management is the grant administrator for this State Homeland Security Grant. Because the County of Albemarle serves as the fiscal agent for the ECC, it is necessary for the Board of Supervisors to adopt the attached resolution authorizing the County Executive , the ECC Emergency Management Coordinator or the EOC Executive Director to execute all g rant-in-aid documents required for implementation of this program in order for the Emergency Management Office of the ECC to administer the grant. BUDGET IMPACT: The County of Albemarle is serving as fiscal agent for this State Homeland Security Grant. Funding being made available by VDEM is 100 percent reimbursable with no additional funding required by the County. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment A) authorizing the County Executive, the ECC Emergency Management Coordinator or the EOC Executive Director to execute all VDEM Grant documents necessary for receipt of the 2009 State Homeland Security Grant. ATTACHMENTS: A – Resolution Return to consent agenda Return to regular agenda (To Be Completed Once Funds are Awarded) BE IT RESOLVED BY THE ________________________________________________Board of Supervisors (Governing Body) OF THE ________________________________________________________ THAT County of Albemarle, Virginia THAT (Name of Applicant) ________________________________________________________________ , ORthe ECC Emergency Management Coordinator , OR (Name or Title of Authorized Agent) ________________________________________________________________ , ORthe ECC Executive Director , OR (Name or Title of Authorized Agent) ________________________________________________________________ , the County Executive , (Name or Title of Authorized Agent) Passed and approved this _______________ day of ____________________________, 20_____6th day of October , 2010 Certification I, ____________________________________________________________, duly appointed andElla W. Jordan , duly appointed and (Name) _________________________________ of the ______________________________________Clerk of the Board of Supervisors (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the _________________________________ of the _______________________________ on theBoard of Supervisors of the Board of Supervisors (Governing body)(Name of Applicant) ______________________ day of ____________________________________, 20__________.6th day of October , 2010 . _Clerk, Board of Supervisors ______ (Official Position) (Signature) October 6, 2010________________ (Date) Return to exec summary is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of Virginia. Governing Body Resolution COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: 2009 State Homeland Security Grant; Regional Emergency Operations Center Plan Project (CFDA # 97.073) Resolution SUBJECT/PROPOSAL/REQUEST: Resolution to Authorize Actions to Obtain Virginia Department of Emergency Management Grant STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis, and Hanson; and Ms. Thomas LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Virginia Department of Emergency Management (VDEM) has awarded a $400,000.00 reimbursable grant through the National Preparedness Directorate, US Department of Homeland Security, 2009 State Homeland Security Grant (CFDA # 97.073) Program to the regional Charlottesville-UVA-Albemarle County Emergency Management Office (EMO) of the ECC. Local partners are revising the Charlottesville-UVA-Albemarle County Emergency Operations Plan (EOP) to incorporate the Emergency Support Functions structure and to align the EMO’s local EOP with the Commonwealth EOP and National Response Framework. Extensive training will be provided to all regional partners to effectively implement the changes to the regional EOP. DISCUSSION: The Charlottesville-UVA-Albemarle County Office of Emergency Management is the grant administrator for this State Homeland Security Grant. Because the County of Albemarle serves as the fiscal agent for the ECC, it is necessary for the Board of Supervisors to adopt the attached resolution authorizing the County Executive , the ECC Emergency Management Coordinator or the EOC Executive Director to execute all grant-in-aid documents required for implementation of this program in order for the Emergency Management Office of the ECC to administer the grant. BUDGET IMPACT: The County of Albemarle is serving as fiscal agent for this State Homeland Security Grant. Funding being made available by VDEM is 100 percent reimbursable with no additional funding required by the County. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment A) authorizing the County Executive, the ECC Emergency Management Coordinator or the EOC Executive Director to execute all VDEM Grant documents necessary for receipt of this 2009 State Homeland Security Grant. ATTACHMENTS: A – Resolution Return to consent agenda Return to regular agenda (To Be Completed Once Funds are Awarded) BE IT RESOLVED BY THE ________________________________________________Board of Supervisors (Governing Body) OF THE ________________________________________________________ THAT County of Albemarle, Virginia THAT (Name of Applicant) ________________________________________________________________ , ORthe ECC Emergency Management Coordinator , OR (Name or Title of Authorized Agent) ________________________________________________________________ , ORthe ECC Executive Director , OR (Name or Title of Authorized Agent) ________________________________________________________________ , the County Executive , (Name or Title of Authorized Agent) Passed and approved this _______________ day of ____________________________, 20_____6th day of October , 2010 Certification I, ____________________________________________________________, duly appointed andElla W. Jordan , duly appointed and (Name) _________________________________ of the ______________________________________Clerk of the Board of Supervisors (Title) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the _________________________________ of the _______________________________ on theBoard of Supervisors of the Board of Supervisors (Governing body)(Name of Applicant) ______________________ day of ____________________________________, 20__________.6th day of October , 2010 . _Clerk, Board of Supervisors ______ (Official Position) (Signature) October 6, 2010________________ (Date) Return to exec summary is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of Virginia. Governing Body Resolution The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the 6th day of October 2010, adopted the following resolution: R E S O L U T I O N WHEREAS, the street(s) in Retriever Run Subdivision, as described on the attached Additions Form AM-4.3 dated October 6, 2010, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Retriever Run Subdivision, as described on the attached Additions Form AM-4.3 dated October 6, 2010, to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * The road(s) described on Additions Form AM-4.3 is: 1) Labrador Lane (State Route 1762) from Route 1761 (Retriever Run) east to the end of the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2654, page 466, with a 50-foot right-of- way width, for a length of 0.17 miles. 2) Retriever Run (State Route 1761) from Route 637 (Dick Woods Road) south to Route 1762 (Labrador Lane), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2654, page 466, with a 50 -foot right-of-way width, for a length of 0.09 miles. 3) Retriever Run (State Route 1761) from Route 1763 (Chesapeake Bay Place) east to the end of the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2654, page 466, with a 50 -foot right-of-way width, for a length of 0.41 miles. 4) Retriever Run (State Route 1761) from Route 1762 (Labrador Lane) south to Route 1763 (Chesapeake Bay Place), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2654, page 466, with a 50 - foot right-of-way width, for a length of 0.17 miles. 5) Chesapeake Bay Place (State Route 1763) from Route 1761 (Retriever Run) west to the end of the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 2654, page 466, with a 50 -foot right-of-way width, for a length of 0.08 miles. Total Mileage – 0.92 Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resource Management Review Update SUBJECT/PROPOSAL/REQUEST: 2nd Quarter CY2010 update on the review and implementation of the Resource Management Review’s recommendations STAFF CONTACT(S): Messrs. Tucker, Foley, Elliott, and Davis; and Ms. Jammes LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On May 7, 2008, the Board directed staff to initiate an external assessment of the County’s resource management in conjunction with the County’s ongoing continuous improvement efforts. On July 2, 2008, the Board approved the County entering into an agreement with Virginia Commonwealth University’s Commonwealth Educational Policy Institute (CEPI) to conduct this assessment. CEPI delivered its final report to the Board on February 11, 2009. On May 6, 2009, the Board received initial information on staff’s progress and planned actions in evaluating and implementing the recommendations of CEPI’s assessment. This is an update to the information presented in May for the Board’s information. DISCUSSION: The Resource Management Review included 148 recommendations for local government departments and selected community agencies. In order to improve the clarity of the report’s recommendations and allow for better management of and reporting on recommendations, staff has consolidated similar or related recommendations and categorized them as follows: 51 recommendations have been resolved either by implementation or continuing existing County processes or practices 19 recommendations are in the process of being implemented. 5 recommendations are related to providing additional resources. These will be reviewed in the context of the County’s annual Five-Year Financial Plan and budget processes. 10 recommendations will require further evaluation by staff before they can be considered for implementation. Staff will proceed with these evaluations as soon as possible recognizing that existing staffing levels in some departments and the scope of organizational change required by certain recommendations will determine their timing for implementation. A list of the recommendations included in each category is set forth in Attachment A. Staff will continue to provide quarterly updates to the Board on the status and results of the Resource Management Review’s recommendations. BUDGET IMPACT: There is no budget impact in analyzing the report’s recommendations at this time. Recommendations that will require additional resources to analyze or implement beyond the reallocation of existing resources will be presented to the Board for its consideration and action. RECOMMENDATIONS: This update is presented for the Board’s information. ATTACHMENTS Attachment A - Status of Resource Management Review Recommendations Return to consent agenda Return to regular agenda Attachment A ‐ Status of Resource Management Review RecommendationsStatusPageRecommendations that have been resolved either by implementation or continuing existing County processes or practices 2Recommendations that are in the process of being implemented13Recommendations that will be reviewed in the context of the County’s annual Five‐Year Financial Plan and budget processes 17Recommendations that will require further evaluation by staff before they can be considered for implementation 18Table of ContentsPage 1 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps1 Community DevelopmentConsider adjusting the number of supervisory titles and positions in Zoning Administration. Flatten supervisory structure.This effort was completed in May of 2009 with the Zoning Division being flattened by one tier and the Current Development Division as a separate report to the Director of Community Development. 2 Community DevelopmentInspections; 1) Consider transforming the inspection process into an enterprise operation with fees to recover costs; and 2) continue cross-training inspectors to assist with other code enforcement activities.Inspection related fees were updated in August 2009 through both the Building Regulations Ordinance and Water Protection Ordinance and were set high enough to offset annual costs in a normal year. The department has and will continue to cross-train inspectors as part of the organization's broader service reallocation management. 3 Community DevelopmentPlanning Commission Procedures: Consider 1) reducing the number of meetings; 2) where work may be reduced while still meeting state code requirements (e.g. staff approval of preliminary plats, site and subdivision plans) and 3) consider action minutesFor 1), the Planning Commission has reduced its meetings to 2 meetings per month for consideration of applications and 1 meeting per month for work sessions, if needed. For items 2) and 3), these issues have been considered by both the Planning Commission and Board of Supervisors, but a change was not approved.4 Community DevelopmentConsider higher level sign-off on deferring follow-up actions on minor code violation complaints.Currently, as set by ordinance, the Building Official is the final word on Building Code violations and the Zoning Administrator is the final word on Zoning Ordinance violations. The Albemarle County Board of Building Code Appeals handles any appeals of Building Official decisions. The Albemarle County Board of Zoning Appeals handles any appeals of decisions. Procedures are in place to encourage input being solicited for potentially controversial decisions. 5 Community DevelopmentEliminate the backlog of old incomplete inspection permits and establish completion deadlines and status reporting schedules to prevent backlogs of permits.The department has an established standard operating procedure for the closure of inactive building permits that will eliminate the backlog of old inactive permits and assure new permits are not added to the backlog. This process is already in place for all permits issued since 2004 and assures new permits will not be added to the backlog. Permits issued prior to 2004 are being systematically reviewed, with a target completion of 2012 for eliminating the old permit backlog. Page 2 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps6 Community DevelopmentInvite the County Engineer to the employee team that defines transfer of Water Resources personnel to Community Development.In 2004, there was a deliberate effort to separate the enforcement of the Water Protection Ordinance from the stormwater program. This was done in recognition that long-term objectives were often sacrificed by ongoing enforcement demands. To assure the County maintained its commitment to its objectives, the water resources staff was separated from Community Development’s enforcement efforts. The County has revisited this issue within the past year, where a cross-departmental staff team considered possible restructuring and determined that the current organizational structure should be maintained.7 Community DevelopmentReduce backlog of old bonds being carried on the books which carry costs to developers. They should be released if requirements are satisfied.Staff aggressively pushes for bond completion and the release of bonds as soon as the County’s exposure has been removed. The referenced bonds in the report have all been reviewed by staff. The backlog has not been reduced in areas where a decision to release the bond would require voiding an existing subdivision plat and circumstances are beyond the control of the property owner.8 County Executive's OfficeReconsider the frozen auditor position in the Finance Department.This position is in the process of being filled as a part of the County's current staffing reallocation efforts. 9 County Executive's OfficeLegislative: Bring to the attention of the General Assembly 1) the disadvantageous effects of the 2006 telecommunications tax reform legislation; and 2) the circumstances that legislative actions regarding annexation policy have placed upon the CountyThese recommendations were addressed during the 2010 legislative session and will continue to be considered with legislators in the future.10 County Executive's OfficeContinue refinement of Key Performance Indicators (KPI's) and reporting to make it a more formal part of County management practice. Continue to train staff in the collection and utilization of KPI's to improve performance and management.Staff will continue its current efforts in these areas, including refining measures, holding regular KPI discussions among organizational leadership, improving benchmarking efforts and developing additional training for staff.Page 3 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps11 Emergency Communications CenterReplace and/or update the Computer-Aided Dispatch (CAD) system since it is unable to provide all statistical needs for supervisors and plan for the expansion of the Emergency Communications Center and its Emergency Management Office.Because this is a regional agency, these recommendations have been referred to the ECC Management Board for consideration and/or implementation. 12 Finance Review all fees on an annual basis to keep the appropriate costs in discretionary services up to date.Updates to fees will always be considered as part of the annual budget process. 13 Finance Ensure citizens understand the nuances of state funding formulas that make the County's operations more dependent upon local revenue sources.Staff prepared information about state funding for the FY 2010/2011 budget document. 14 Finance Ensure adequate resources are applied to the successful completion of the "Access Albemarle" project, including a comprehensive Human Resources Information System (HRIS). A champion should be designated to run the project and ensure success.Adequate funding is currently set aside for the project and project management assistance is in place. Staff will continue to monitor resource needs as the project proceeds. The County Executive's Office is the primary "champion" for the project, with strong support from key Finance and IT management staff. 15 Finance Monitor whether local-only funds diverted from the Health Department to non-profits are going to direct and needed services.During the FY 09/10 budget process, the funding for the Dental Program and Children's Health Insurance Program (CHIP) was reallocated from the Health Department to the Charlottesville Free Clinic and Jefferson Area CHIP, respectively. These programs will continue to be reviewed annually by the Commission on Children and Families' Agency Budget Review Team (ABRT). 16 Fire Rescue Continue to require independent annual audits of all volunteer departments to which County contributes public funds.This is a current practice that is planned to be continued. 17 Fire Rescue Evaluate the need for hiring another Battalion Chief for better coverage and more reasonable span of control.ACFR developed a plan to reallocate personnel within the department’s operations division so that a third Battalion Chief’s position could be staffed without increasing the number of FTE’s allocated to the department (i.e. - without increasing head count). The plan was approved and an in-house promotional process was conducted. The three Battalion Chiefs were assigned to respective shifts/stations to provide 24/7 career staff supervision.Page 4 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps18 Fire Rescue Implement as soon as practical a revenue recovery program for medical transports.Beginning February 1, 2010, Scottsville VRS and ACFR owned/operated ambulances operating out of Stations 11 & 12 began billing for EMS transports. Discussions continue with other volunteer rescue squads to determine if they will participate in billing. Began billing 2/1/2010 19 Human ResourcesMaintain the employee wellness program and expand its range of activities as funding permits.Continue partnership with ACAC@Work to provide wellness services to employees and work with Southern Health's wellness department to identify services that are included in its existing policy to prevent duplication of services. Currently initiating a medically supervised weight loss pilot program with identified program measurements to measure impact on medical insurance experience, employee productivity and absenteeism. Planning for future programs, which include offering health screenings and coaching to employees.20 Human ResourcesCreate a systematic plan for safety audits to assess current and potential health and safety problems for schools and local government.A safety audit program for local government has been implemented and the process is underway to audit each department on a quarterly basis. The safety team has been trained and has completed the first quarterly departmental safety audit.21 Human ResourcesIdentify steps to address the areas in the 2007 HR Satisfaction Survey that show opportunities for improvement.Human Resources has implemented improvements in the areas identified by the Satisfaction Survey, including creating and distributing contact cards to clarify the appropriate contacts in HR for particular issues. 22 Human ResourcesAnalyze the Voluntary Early Retirement Incentive Program (VERIP) and determine 1) whether it serves its designated purpose and 2) include an evaluation of part-time employee benefits as a part of this analysis.A cross departmental team has evaluated VERIP for full and part time employees. The team recommended policy revisions to phase out the VERIP stipend and revise service requirement for retirees to remain on group medical and dental from four years to meeting eligibility for VRS. These revisions to the VERIP policy were adopted by the Joint Boards on December 2.23 Human ResourcesRevisit collaborative efforts in training to ensure that the needs of all schools and local government employees are met. Work towards more collaborative means to address training needs for all employees.Organizational Development classes are currently open to all local government and school classified employees. Staff works collaboratively with representatives of both local government and schools to ensure training needs are met. Joint trainings are conducted as practical.24 Human ResourcesContinue several ongoing processes and efforts of the Human Resources DepartmentStaff is continuing processes and efforts that include: 1) succession management efforts; 2) efforts to increase diversity; 3) utilizing an employee benefits consultant to gather comprehensive health care benefit data, make recommendations about the competitiveness of the County's plan and keep costs from escalating while retaining reasonable employee rates; and 4) analyzing scores in the performance evaluation system to ensure consistency in application.Page 5 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps25 Information TechnologyConsider creating a County-wide IT Steering Committee to prioritize and assign funding to projects.The team approved the scoring matrix and is meeting on May 12, 2010. The IT Steering Committee was formed in Aug. 2009. We are planning to present a process for project evaluation and ranking prior to the end of CY2009 to coincide with the FY10/11 budget process.26 Information TechnologyConsider allocating staff positions from other departments to IT or allocate additional funding for part-time or contract staff for critical system support. If not a possibility, consider partnering with neighboring localities to share technical support.County IT and School IT worked together to connect the Administrative staff at COB Mcintire with the School phone system. We are also collaboratively planning a major upgrade to our e-mail systems during 2010. The department shares resources with School IT department and benefits from subject matter expert assistance from other localities and organizations. Any staff reallocations will be considered as part of the County's current broader effort to reallocate staffing and services. As Access Albemarle or attrition in the IT Department creates additional workload, further evaluation of using non-IT staff to support technology initiatives will be evaluated.27 Information TechnologyIncrementally create a "dashboard" of projects so the community and Executive Management can see projects that IT is working on as well as the projects' status. Create indicators for project success such as "on time," "within cost," etc.This dashboard is developed and in use. One of the items for the Tech. Steering Committee is to develop a plan for releasing this type of information to the community (through albemarle.org or other means.)28 Information TechnologyVendor management: 1) Implement formalized reporting structure to document vendor management savings; 2) negotiate with existing vendors for lower maintenance costs; and 3) Continue to work with vendor partners to creatively approach server consolidation.1 & 2) The department works closely with Purchasing to evaluate and obtain cost savings on all purchases, including negotiating to lower maintenance costs. IT has developed a system on their home page where each cost savings measure is documented and available for analysis. 3) The department is actively moving servers to a virtualized environment, saving power and computer room floor space. Working with the Community Development Department and Purchasing, IT found a cost effective way to engage an existing service provider to provide a potential solution for digital records management. We have a means to document vendor management savings and have successfully consolidated 6 production servers on one redundant virtual server host.29 Information TechnologyUpdate documentation (Network diagrams, Mainframe, Change control, Disaster Recovery Plan and IT Strategic Plan). Store a printed copy of the IT Disaster Recovery Plan offsite.IT updated network diagrams, et. al and provided digital copies for our external audit. We will ask our auditor to become our offsite storage for this material. This is an ongoing priority and will be completed as part of the update to the Security PlanPage 6 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps30 Information TechnologySecurity: Implement 1) regular external and internal penetration testing for IT networks; 2) more formal security and awareness training for County employees; and 3) formal Security Architecture Review (SAR) process reviews by committee.These items are complete. The outside security audit was completed in the last quarter and will be done periodically in the future. One of the recommendations from the audit (web filtering) is now implemented and proving valuable in protecting our computer networks. 31 Information TechnologyCreate a Project Management Office (PMO) within IT to manage large projects in the County. Staff it with Project Management Professional (PMP's).Our current project management is handled by our Coordinator of Systems Projects. The Access Albemarle project is handled by a Project Manager from the Office of Facilities development. This recommendation will be evaluated considering the need, scope of projects and existing project management resources.32 Information TechnologyAccess Albemarle: 1) Hire a full time Project Management Professional; 2) implement a more effective communications plan; 3) institute load and integration testing prior to migration; and 4) allocate and train at least two Systems Administrators1) Dedicated project management assistance is currently in place to ensure the project stays on track and is well managed. 2) Plans are in place to enhance communication throughout the organization with the start of work on the Financial Management System replacement over the next few months. 3) This is an ongoing part of the project. 4) This training is part of the Access Albemarle migration plan.33 Office of Facilities DevelopmentEnlist the assistance of architects, engineers, and building contractors to review design and architectural plans before they are put to bid to advise the County about design elements that might save costs.It is currently the practice of Facilities Development to engage outside resources to evaluate plans in advance of bidding. Examples include the last three major school projects currently under construction. In each of these cases, independent firms were contracted to perform plan reviews and constructability reviews on the projects. This experience has resulted in significant savings from the avoidance of plan conflicts or more costly construction methods. 34 Office of Facilities DevelopmentImplement "value engineering" as a matter of policy in every building project and regularly track and report the savings.The Office of Facilities Development employs "value engineering" practices in the execution of larger capital projects. Examples include "constructability reviews" conducted by independent firms or organizations and operational peer reviews. Facilities Development is currently in the process of engaging an outside consulting firm to conduct a “value engineering” exercise in connection with the Crozet Library project. Results of the exercise will inform final stages of the design process. The Office is currently in the process of revising its Project Delivery Manual which will formally incorporate "value engineering" in its design process as a standard requirement for larger, more complex projects. Post value engineering estimates will be compared to preliminary project estimates to calculate estimated savings from the process.Page 7 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps35 Office of Housing Consider establishing a regional consortium and oversight body for the allocation of Section 8 vouchers.Establishing a regional consortium has been discussed in the Regional Housing Directors' Council with interest from Albemarle, Fluvanna, Greene, Louisa, Nelson, Orange, and Madison and determined to not be feasible at this time. The County's program is ranked as a "high performer" and is considered a small PHA (public housing agency). As such, the County's program is not subject to the more stringent administrative requirements set forth in the federal regulations for larger PHAs and troubled PHAs. Furthermore, establishing a regional body with the City will also includebringing in the public housing portion which continues to be problematic for the City. It is not recommended that Albemarle County enter into such an arrangement since costs of liabilities associated with public housing could become obligations of the County. There would also be a very limited possibility that a combined program could save on costs of operations as each program is currently employing the minimum number of program personnel to handle the assigned caseloads. Every effort will be made to continue to coordinate with all Housing Choice Voucher Administrators in Planning District 10. Creation of an oversight body does not seem feasible due to complexities of overseeing agencies that operate under different contracts. The City and County have contracts with HUD and other localities and agencies have contracts through the Virginia Housing Development Authority for the administration of the program. 36 Office of Housing Clarify role of Housing Committee and their deliverables. Reevaluate the time used by four different housing committees in the region and explore opportunities for regional consolidation.The Housing Committee will ask for guidance from the Board of Supervisors for prioritizing their strategies in a work session prior to the end of the fiscal year. With regard to exploring regional consolidation, it is unlikely that this can occur unless the City and County agree to common policies and ordinances and sharing of investments for affordable housing. The City appoints its committee, the County appoints its committee, and the Regional Directors' Council provides support to the Thomas Jefferson Planning District Commission in the administration of the HOME Consortium. There is a fairly good level of cooperation and collaboration between the City and County and the other four counties in the Planning District particularly in respect to the administration of federal HOME funds. In the current fiscal environment, continuing the course is deemed the most appropriate action.37 Office of Housing Develop key performance indicators that measure the Office's role in increasing the stock of affordable housing for residents.Affordable housing data is presently tracked as part of the County's performance management efforts; however, because the Office of Housing's role is primarily to react to and support private-sector activities, this data is more a measure of private development initiatives rather than direct Office of Housing activities.Page 8 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps38 Office of Housing Include outcome measures for Albemarle Housing Improvement Program (AHIP) and Piedmont Housing Alliance (PHA) applications. Review annually by an intergovernmental team to supplement the review by Housing Director and OMB.Currently, as part of the agency budget review process, AHIP and PHA provide outcome measures as part of their applications that are reviewed by the Office of Management and Budget and Office of Housing. After this analysis is complete, recommendations are reviewed with the City of Charlottesville. After appropriations, the Office of Housing executes a memorandum of agreement (MOA) with AHIP and PHA for the appropriated funding identifying the expected outcomes to be accomplished. The MOA provides for quarterly reporting by AHIP and PHA and quarterly payments by the County to the two organizations. Funding is not released each quarter until the quarterly report is received and reviewed by the Chief of Housing. The review and refinement of the agencies' outcomes will continue in the future. 39 Parks and RecreationConsider collapsing the reporting relationships for maintenance staff with ratios of 1:8 instead of current 1:1 reporting relationships.A recently frozen Parks Foreman position has required the department to revise its maintenance staffing structure by combining park maintenance and athletic field crews. Due to the large size of both the County and parks system and the limited number of staff, park maintenance is regionalized within the County so that a given crew will maintain the northern, western or southern facilities in the County. This structure is more efficient because it allows staff to spend more time performing maintenance in the parks due to reduced travel times. This structure also reduces related travel costs such as fuel consumption, which since the change in structure has been reduced about 35% over a three month period in a year-to-year comparison of gallons consumed. It should be noted that the supervisory employee in this reporting relationship is also completing maintenance duties in the park and furthermore, the reporting ratio increases to 1:4 when seasonal employees are added.40 Parks and RecreationConsider increasing the use of inmate labor for maintenance at school grounds when schools are not in session.The department currently utilizes this program where possible and plans to continue to do so in the future, though it is limited by the number of inmates that qualify for the program that the jail can make available. Because of the program's requirements, very few inmates meet the qualifications to be released to this program. Sheriff Harding is developing a task force to examine how to increase the number of inmates available to do community service work. The Directors of Parks and Recreation and General Services will participate on this task force.Page 9 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps41 Parks and RecreationDevelop mechanisms for tracking performance data for park maintenance, trails, ball fields and facilities, including utilizing customer satisfaction surveys on web, at program sites and comment boxes.The department has an established ongoing survey system; however, this recommendation is presently being evaluated further, including more formal comment boxes, web-based surveys and examining performance data collected by other jurisdictions. Performance data to be tracked included in Park Maintenance KPI's. Web survey is now available and survey boxes are in the parks. Survey results are reviewed in weekly management meeting for information and action when necessary.42 Parks and RecreationLegal Department should review all proffer deeds prior to sending them to Parks and Recreation Department.Presently, staff from Parks and Recreation and County Attorney's Office work concurrently to review proffer deeds. The County Attorney's Office's review provides for proper legal form and language and Parks and Recreation provides input on the substance of the proffers, both of which are critical aspects in the review. For this reason, this review is best done jointly and this arrangement is planned to continue in the future. 43 Parks and RecreationIdentify one person to serve as the coordinator for volunteer programming. Consider jointly hiring or funding this position with the City of Charlottesville.Currently, the department manages volunteer recruitment and supervision within existing staff (Outdoor Rec Supervisor and Park Service Officer). These volunteers are primarily used for trail and greenway development and maintenance. With the adoption of the FY 11 budget and reduced emphasis on acquiring new greenway segments the Outdoor Rec Supervisor's job description has been revised to include primary responsibility for volunteer recruitment and retention programs for park and trail maintenance.44 Police Continue efforts with other jurisdictions to staff the Jefferson Area Drug Enforcement (JADE) Task Force.This is a current effort that is planned to be continued. 45 Police Within existing staff, 1) assign resources to expand the Volunteers in Police Services Program (VIPS) and 2) schedule both detectives and traffic officers for both day and evening shifts on weekdays and at least one on weekends.1. Currently using several volunteers specifically in our Investigations Division. One is a retired employee who is continuing to do some of the work he had been assigned while employed. 2. Through the use of a rotating schedule, Detectives now work evenings and Saturdays. The traffic unit works evenings and periodically schedules officers to work on Saturdays when staffing permits.46 Regional Jail AuthoritySupport 1) options for jail expansion; 2) a review of the current gate/pass system with a biometric system; and 3) efforts to repair the locator systemBecause this is a regional agency, these recommendations will be referred to the Regional Jail Board for consideration and/or implementation. Page 10 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps47 Social Services Assess the benefits of consolidation with Head Start including an assessment of costs and savings.The department partnered with the County School Division to create the Albemarle Pre-School Network that includes the Bright Stars, Head Start, Title I and SPED programs as a collaborative body. The application for parents between the County Pre-School Network and Headstart has been consolidated. There are still plans to include the Charlottesville pre-school program in that consolidated application but not immediately. We continue to work toward great efficiency through enhanced collaboration. Head Start operates under significantly different guidelines than the state VPI Program so we are proceeding slowly and deliberately in order to minimize complications.48 Social Services Collect data on usage and benefits of Career Center in Social Services, then seek grant support and encourage Workforce Investment Board (WIB) to pay for this function.The survey data from participants is automated and collected at each visit. The department regularly reviews potential grant sources for funding support but to date has not found any that would provide funding for the Center. Currently the WIB is not providing any funding for the Center and does not seem to have any funds for Satellite offices. We continue to partner with the One Stop Center in collaborative efforts.49 Social Services Work to improve outcomes of Adult Services (APS) and Child Protective Services (CPS).While low staffing capacity has challenged the department to improve these outcomes, the department has implemented strategies including 1) obtaining approval from VDSS to reduce requirements for the Structured Decision Making Process used in CPS, 2) begun implementation of a restructuring of the child welfare units to improve processes that we think will lead to better outcomes in CPS, and 3) designed and implemented a new risk assessment for APS that we think will lead to better outcomes for adults (the only risk assessment of its kind in the state). For CPS the KPI is 90% of new referrals are responded to per the SDM guideline - FY 10 Q4 90.5%; FY 10 89.5%; For APS - 85% of vulnerable adults accepting APS will have their risk of abuse/ neglect/exploitation reduced within one year - FY 10 Q4 - 93%; FY 10 77.3%.50 Social Services Work with the University of Virginia to provide Department of Social Services staff ability to conduct Medicaid enrollment in all localities.The Department received approval from VDSS and UVA on the contract and the memorandum of understanding (MOU) required to be signed by contiguous localities for enrollment. All of the contiguous localities signed the agreement and we began enrollment in July 2009. In the first six months the unit took 215 applications for the contiguous localities and enrolled 140 of those cases. The remaining cases could not be enrolled because existing cases in the localities (Food Stamps) would have been negatively impacted. The improvements are significant for the customer in that payment of medical bills, medical procedures, and transition to Nursing Homes were not delayed.Page 11 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that have been resolved either by implementation or continuing existing County processes or practices# Department Recommendation Comments/Next Steps51 Comprehensive Services Act (CSA): Policy IssuesConsider reorganization of CSA administration to streamline system, including 1) housing CSA staff within Social Services while retaining a regional focus and 2) redefining the CSA Coordinator's role through the Commission on Children and Families (CCF).The adopted FY11 Operating Budgets for the City & County provide funding for the housing of CSA staff within their respective Departments of Social Services thereby transitioning responsibility for the administration of CSA from CCF. A regional focus is being maintained through the appointment of a joint Community Policy & Management Team (CPMT). Page 12 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that are in the process of being implemented#Department Recommendation Comments/Next Steps1 Board of SupervisorsConsider 1) including school debt as part of the transfer to the schools budget 2) annually adjusting the "60/40 split" based upon population, enrollment and other considerations, and 3) negotiating an appropriate fund balance for the schools to maintain.Including school debt service as part of the transfer to schools was considered by the two Boards on July 1st at a joint meeting and was determined not to be a change that either Board supported. Local government and school staff are working together with the two Boards to consider the other two issues which are planned to be considered during future joint meetings. Final determination is scheduled to occur over the course of the next year with any proposed changes to be implemented as part of the FY 10/11 and FY 11/12 budget processes, should any changes be approved.2 Community DevelopmentProcess Management: 1) Define "critical paths" for initiatives, including labor and material estimates; and 2) cost should be part of the criteria when selecting projects. Demands for public hearings, reports, work sessions and revisions may be reduced.Staff has begun to implement this recommendation as part of the Crozet Master Plan update that started this year. Results will be reported with completion of Crozet Master Plan update and refined process applied to future efforts. 3 Community DevelopmentGeographic Data Services : 1) Document the anticipated and actual cost savings to the County of their services; and 2) conduct an independent analysis to determine the potential cost savings and benefits of moving Geographic Data Services (GDS) within IT.This item will be evaluated in the broader context of IT staffing and the County's service reallocation as the County proceeds with the Access Albemarle project. This reorganization was considered as part of the 2002 GIS Project Evaluation and based on that study, the County decided that the GDS was properly located. This decision will be periodically reviewed by the County’s GIS Steering Committee as part of its annual work program considerations. Staff now considers this an ongoing review rather than a new initiative. 4 Comprehensive Services Act (CSA): Administrative Issues1) Make it a priority to reduce costs to localities and the number of at-risk children, 2) reduce the number administrative meetings, 3) advocate for "community-based" rather than "congregate" care, and 4) reduce or eliminate the "threshold" category1) This recommendation has been made a priority due to the financial implications of a recent change in state match rates and evidence-based practices that show best results when children remain in their home communities. To this end, the County, City and its CSA partners are working to implement a broad-based community approach (Systems of Care) for at-risk children.2 - 4) The City of Charlottesville's Resource Management Study contains similar recommendations. A City/County staff workgroup has been formed to evaluate these recommendation and develop alternative models with specific means for achieving efficiencies.5 County Executive's OfficeEnhance areas of opportunity to further cooperate or consider consolidating with the City of Charlottesville for benefit of the region and to realize efficiencies.Staff will evaluate the specific recommendations noted in the report, including potential opportunities in Office of Housing and Parks and Recreation department. The Resource Management Review noted the County currently utilizes extensive regional collaborations.Page 13 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that are in the process of being implemented#Department Recommendation Comments/Next Steps6 County Executive's OfficeWhere not presently used, encourage the use of performance-based contracts and memorandums for partners.As part of the Agency Budget Review Team (ABRT) process, staff will work where possible to develop performance-based contracts with agencies that receive funding. Prepared contracts will be targeted to be in place for FY 10/11. 7 County Executive's OfficeEstablish an internal operational "County Calendar" that lists all the key dates for the coming year as part of an internal communications strategy.Community Relations staff will assess whether existing internal communication tools effectively provide this information and whether the upgrade to the County website that is underway will allow for additional opportunities. Currently, many internal processes have calendars maintained by departments such as the budget, Board of Supervisors packet preparation and accounting procedures. These dates are regularly communicated to relevant internal audiences.8 County Executive's OfficeConduct a review of the performance management system with input of the Board and citizens to increase transparency and improve the significance of key performance indicators.A focus group to obtain citizen stakeholder input on the format/content of the County’s draft public performance management website will be conducted in the summer of 2010. It is anticipated that performance data page on the website will go live in the fall of 2010.9 County Executive's OfficeFor those community agencies where it is not a current practice, request and review quarterly progress reports on outcome measures.Where not currently done, staff will work in collaboration with the City of Charlottesville to develop outcome measures and quarterly progress reports for community agencies as appropriate. 10 Finance Increase efforts to determine whether or not County businesses with Charlottesville zip codes are making payments to the proper locality.The new Business Auditor began work of 4/26/10. He will be working over the next several months to move this effort forward. 11 Finance Ensure employees remain current on aspects of operations and compliance and continue training and development opportunities for staff; address the aging Computer Assisted Mass Appraisal system (CAMA) to ensure timely and fair appraisals in the future.Staff is reviewing potential systems to replace the CAMA system. Training and development opportunities for staff will be evaluated as part of the Access Albemarle project implementation. 12 Finance Re-examine the need to have a separate and distinct set of procurement regulations and revisit the policy of not issuing key employees purchasing cards.The County generally follows State purchasing guidelines with the exception of stricter spending limits due to the smaller size of County operations compared to the State. Current procurement regulation will be reviewed to determine if any changes should be considered. Purchasing cards are being evaluated as part of the implementation of the Access Albemarle project.Page 14 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that are in the process of being implemented#Department Recommendation Comments/Next Steps13 Finance Develop memorandums of understanding with entities that routinely receive County services and project agreements for one-time projects that are managed on behalf of agencies. Also, formalize the roles associated with services provided to the Schools.Staff will work with agencies that use the County as fiscal agent to formulate a standard agreement. The roles associated with services provided to the Schools will also be evaluated and documented. 14 Finance Undertake a study of the staffing needs for the financial operations of the County while moving forward with "Access Albemarle."The department's staffing needs are continually being reviewed as part of the County's efforts to manage its frozen positions. This effort will continue during the implementation of the Access Albemarle project.15 Finance Establish a proactive risk management and internal control function and consider holding a "table top" disaster drill associated with recovery of a major disaster impacting County financial operations.Current staffing levels and financial constraints limit the department's ability to provide a proactive risk management function at this time. Staff will work with IT to conduct a drill for a disaster impacting financial operations.16 Human ResourcesDevelop employee handbooks to serve as a quick reference for questions related to policies and guidelines.The department is currently developing an employee handbook for all local government employees.17 Human ResourcesExtend the HR Satisfaction and Employee Climate Surveys to school employees to receive feedback from all segments of County. For local government, add performance evaluation and pay-for-performance plan questions on the Climate Surveys.In December 2009, School and Local Government staff made a joint decision to postpone the next Employee Climate Survey until the end of 2010. 18 Parks and RecreationMake it a priority to develop a web-based registration system for parks and recreation activities to reduce the burden on administrative staff and increase revenues.The department has inquired with both other jurisdictions and internal departments to identify potential solutions and issues in implementation. The Department is currently in contact with Vermont Systems Inc. regarding their Rec Trac product which is currently used by the City of Charlottesville. Due to the significant cost of going to a web-based registration system this request will be presented to the newly established Technology Resources Steering Committee for evaluation and prioritization with other County technology improvements.Page 15 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that are in the process of being implemented#Department Recommendation Comments/Next Steps19 Social Services Assess cost savings from Community Services Board (CSB) Diagnostic Center, and if positive, encourage local usage.The vendor for this analysis, VCU, has collected data on comparison groups, including service costs. They have initial data from Albemarle and are in the process of that analysis and are awaiting data from Charlottesville DSS.Page 16 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that will be reviewed in the context of the County’s annual Five-Year Financial Plan and budget processes#Department Recommendation Comments/Next Steps1Commonwealth Attorney's OfficeProvide local funding for an Assistant Commonwealth's Attorney position if position is approved by State Compensation Board.To be evaluated during budget process if an additional Assistant Commonwealth Attorney is approved. As of this report, the State Compensation Board has not approved this position. 2County Executive's OfficeOffer IT services to help review the feasibility of automating medical records to support the Regional Jail Authority.This is a responsibility of the Regional Jail Board and will need to be considered during the annual budget process. Due to current staffing limitations within the County's IT department, no resources are available to offer at this time. 3Information TechnologyBudget Issues: Consider funding 1) a recovery service located at least 100 miles away to restore systems faster; 2) Intrusion Detection/Protection Systems (IDS/IPS) to better provide IT security; and 3) an additional desktop support staff member.IT is designing a business continuity and disaster recovery plan during FY 2009/2010. In FY 2010/2011, IT will request the funds to create and maintain an offsite disaster recovery site outside our region. We plan to keep our backup systems at COB 5 and create a second option with the new service. These recommendations will be considered as part of the annual budget process. Presently, IT has recovery options using its two data centers located in the County office buildings at McIntire Street and 5th Street. 4Office of Housing Develop a strategic plan to guide investment and partnership decisions of the Office of Housing and affordable housing policy.The Housing Committee finalized a proposal to use in allocating proffered funds and other appropriated/reappropriated funds for affordable housing. Until there are additional investments in affordable housing, no other action is anticipated.5Police Consider funding various positions and/or resources to improve Police services.Most proposals placed on hold---budgetary constraints. We did make some minor structural changes in our department to refine our fiscal management processes. We created a new Support Division which will now be responsible for all agency fiscal responsibilities. Through this reorganization and with our shortfall in budget in mind, we were able to eliminate a Records Clerk Manager position. Page 17 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that will require further evaluation by staff before they can be considered for implementation# Department Recommendation Comments/Next Steps1 Board of SupervisorsApprove a strategic plan that could make economic development a priority and identify this area as a potential major generator of revenue.The Economic Development section of Comprehensive Plan was recently revised. Board of Supervisors direction is needed regarding whether this issue should be addressed in the Strategic Plan as a new priority. This item will be revisited with the Board as a part of future strategic planning discussions.2 Fire Rescue Consider painting all fire and rescue vehicles (both paid and volunteer) the same color with the same markings so vehicles can be transferred between stations for better management of apparatus' life cycles.This will be evaluated once the Board of Supervisors provides direction on the "Utilize the career department with the volunteer departments as one cohesive professional agency" recommendation.3 Fire Rescue Work towards requirement that all first responders (both volunteers and County staff) adhere to standards of Incident Command, all radio standard operating procedures and discipline.This will be evaluated once the Board of Supervisors provides direction on the "Utilize the career department with the volunteer departments as one cohesive professional agency" recommendation. 4 Fire Rescue Develop a central automated Emergency Medical Services (EMS) reporting system.This will be evaluated once the Board of Supervisors provides direction on the "Utilize the career department with the volunteer departments as one cohesive professional agency" recommendation.5 Fire Rescue Utilize the career department with the volunteer departments as one cohesive professional agency.Direction from the Board of Supervisors is needed for consideration of this matter. 6 Parks and RecreationEvaluate the shared responsibilities between the Director and the Deputy Director and clarify job descriptions. Consider adding partnership development and revenue generation to Deputy Director's role.This recommendation will be evaluated in the future giving consideration to flexibility needed in roles to manage a relatively small department. The current department structure allows for flexibility between the two positions in managing both capital improvements in parks as well as day-to-day operations. It should be noted that partnership development is an ongoing process for the department, which was identified during the recently completed benchmarking survey in the Recreation Needs Assessment. Presently, revenue generation is a shared responsibility between all department divisions. Page 18 Attachment A ‐ Status of Resource Management Review RecommendationsStatus: Recommendations that will require further evaluation by staff before they can be considered for implementation# Department Recommendation Comments/Next Steps7 Parks and RecreationEvaluate whether the joint operation of Albemarle and Charlottesville Parks and Recreation Departments will improve efficiencies and enhance resources.While not a joint operation, the City and County Parks and Recreation departments presently collaborate extensively. As an example, the City and County departments will soon be jointly conducting a study on field use and allocation and will seek to create a formal policy on field allocation to be used by both departments in fairly assigning field space annually. This study will also better identify field needs so that the departments can jointly plan for the provision of addition field space in the future. Beyond the current cooperative efforts between the two departments, a formal study of a jointly operated Parks and Recreation department will need to be initiated by the Board of Supervisors. It is worth noting that a combined department may not necessarily reduce and could in fact increase County costs, as although the County has approximately 70% of the localities' population, for FY 09/10, the County department's operating budget was about $2.3 million compared to the City department's operating budget of about $7.7 million.8 Parks and RecreationDevelop a more comprehensive strategic plan that includes longer term master planning for parks and recreational programming.This recommendation will be evaluated within the broader context of the County's financial situation, which has resulted in the delay of several short and long-term capital projects and limited recreational programs. 9 Police Expand the use of volunteers in Animal Control.We are in the process of evaluating the feasibility of expanding the unit to include assistance from a volunteer workforce. This evaluation has been delayed due to other time sensitive projects that have required the resources of the unit.10 Sheriff's Office Coordinate regular traffic enforcement and traffic control during emergencies between the Sheriff and Police to help avoid duplication of efforts. Also, Sheriff should report to the Police Department the number of traffic tickets issued.Staff will work to prepare a memorandum of understanding between the Sheriff's Office and Police Department. Page 19 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Library Analysis Scope of Work SUBJECT/PROPOSAL/REQUEST: Provide action steps to address Board Strategic Plan item regarding Libraries STAFF CONTACT(S): Messrs. Tucker, Elliott and Davis LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: No REVIEWED BY: BACKGROUND: On June 30, 2010 the Board conducted a strategic planning session which resulted in the development of a succinct two-year action plan that focuses staff and Board efforts on the County’s most immediate and critical needs. On August 4, 2010 the Board formally approved this action plan and associated five (5) goals including the following related to library services: Goal 4: By June 30, 2012, The County will explore options and identify the most desirable library system structure for the future. This report provides the Board with the scope of work to be used by staff to conduct the analysis of library services as well as a proposed timeline for presentation of the findings of this analysis to the Board. DISCUSSION: The desired outcome for the work associated with the analysis of library services is to provide the Board with detailed information on the current Jefferson Madison Regional Library (JMRL) agreement as well as identify and evaluate alternative service delivery model(s) in order to allo w the Board to determine the most desirable library system structure for the County in the future. To complete this analysis, staff intends to conduct research and prepare information for the Board to include: Background information on the current JMRL agreement, contractual obligations of the County and level of service afforded by JMRL to County citizens. A review of federal, state and local mandates/requirements regarding library service specifically related to the receipt of state financial assistance Comparison of the current JMRL contract and operating model with models employed by peer communities An overview of potential CIP and operating budget impacts of library projects Options for Board consideration Staff intends to present its findings to the Board at a work session in early January 2011. BUDGET IMPACT: The County’s adopted FY2010-11 Operating Budget includes an appropriation totaling $3,173,138 for JMRL. It is anticipated that the FY2012 funding request for JMRL will be evaluated consistent with the terms and conditions of the existing operating agreement and/or availability of County funds. It is expected that the results of this analysis will be utilized by the Board to consider future funding requests. RECOMMENDATIONS: This report is for information only. Staff will schedule a work session for the Board to consider the findings of this analysis in January 2011. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY10 End-of-Year Preliminary Financial Report SUBJECT/PROPOSAL/REQUEST: Presentation of the Preliminary Financial Report for the Fiscal Year ended June 30, 2010 STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Wiggans, and Walters; and Ms. Vinzant LEGAL REVIEW: Yes AGENDA DATE: October 06, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The attached Financial Report provides information on the County’s General Fund operations and Fund Balance as of June 30, 2010. The financial report includes a bar chart that compares current fiscal year revenue and expenditure data with data from the previous fiscal year. It is important to remember that these are preliminary numbers. The County’s outside auditor will be reviewing County financial activity for FY 10 during October and November. Final figures will be available in December in the County’s Annual Financial Report. DISCUSSION: ($ in Millions) A. Attachment A: General Fund Financial Report: a. Revenues: Preliminary Revenues, excluding Transfers and Fund Balance Appropriations, are estimated to be $4.932 million (2.3%) less than appropriations of $217.145 million, a $0.836 million increase over the previous estimate presented with the Third Quarter Financial Report. Revenues combined with the use of $2.477 million in transfers from other funds and $1.512 million in fund balance (Revenues, Transfers, and Use of Fund Balance) total $216.200 million, $5.120 million (2.3%) less than Budget. Recent economic data has reduced fears about a double-dip recession. Wholesale sales, business fixed investment, narrowing trade deficits, the credit environment, and other indicators are all slowly moving in positive directions. Retail sales remain weak and continue to suggest sluggish consumer sales in the near term. The underlying trend is still positive but consumers continue to think through buying decisions. The real estate market has not recovered and continues to face on-going challenges. Until the labor market and job situation recuperates, the economy will continue its seesaw movement with little chance of significant improvement. Following is a brief revenue analysis for the FY10 fiscal year: Real Estate Tax revenues are projected to be $1.436 million (1.3%) less than Budget, a decrease of $1.213 million from the previous Financial Report. The decrease is due to reduced new construction estimates as well as setting aside $0.925 million of revalidation rollback for fund balance building. Revalidation revenues attributed to prior year roll-backs are set aside for one-time uses and not classified as general fund revenues. Personal Property Tax revenues are estimated to be $2.127 million (10.1%) less than Budget, a decrease of $0.405 million from the previous Financial Report. The decrease is due to continued market deterioration since the end of the Cash for Clunkers program. AGENDA TITLE: FY10 End-of-Year Preliminary Financial Report October 6, 2010 Page 2 Delinquent Property Taxes & Fees are estimated to exceed Budget by $0.929 million (42.7%), an increase of $0.374 million since the previous Financial Report. Additional compliance enforcement through the DMV Stop and Department of TAX Set off Debt programs has generated additional revenues. Delinquent fees previously implemented have also encouraged payment of delinquent taxes to avoid additional fees. Sales Tax revenues are estimated to be $0.877 million (7.0%) less than Budget, an increase of $0.446 million since the previous Financial Report. Taxpayers continue to be cautious with their discretional spending. Since April, $0.385 million has been identified by the new auditor and approved by the state to be transferred to Albemarle from other localities over a six month period with an additional estimated $0.171 million in process. Annual receipts should increase approximately $0.229 million based on the approved adjustments. Additional misallocated revenues have been identified since June 30th. Significant revenues continue to be lost to internet sales and sales to developing adjacent localities. Business License, BPOL, revenues are estimated to be $0.557 million (5.5%) less than Budget, an increase of $0.335 million since the previous Financial Report. BPOL revenues are dependent upon economic activity. Sales tax revenue trends are a good indicator of BPOL revenues. Utility Tax revenues are estimated to be $0.430 million (4.6%) less than Budget, an increase of $0.316 million since the previous Financial Report. Utility tax revenues are dependent upon a combination of weather and economic activity. Food and Beverage Tax revenues are estimated to be $0.360 million (6.3%) less than Budget, an increase of $0.090 million since the previous Financial Report. Consumers are continuing to eat more at home and visiting restaurants less frequently while minimizing discretionary spending. Other Local Tax revenues are estimated to be $0.515 million (5.0%) less than Budget, an increase of $0.320 million since the previous Financial Report. The improvement is due to Public Service, transient occupancy, and recordation taxes. Other Local Revenues are estimated to exceed Budget by $0.567 million (12.7%), an increase of $0.286 million since the previous Financial Report. The increase is primarily due to increased permits and fees as well as charges for services. State Revenues are estimated to be $0.316 million (1.3%) less than Budget, an increase of $0.113 million since the previous Financial Report. The increase is due to an increased allocation of state recordation taxes. Revenue categories with variances of less than $0.200 million from Budget have not been analyzed for this report. b. Expenditures: General Fund expenditures, including transfers, are expected to total $210.890 million, a 4.7% savings of $10.431 million from Budget. The savings include frozen positions, operational savings, and reduced transfers including schools and capital. i. Departmental expenditures are expected to total $77.456 million, a 6.5% savings of $5.421 million from Budget: A significant portion of departmental expenditure savings is attributable to savings in salaries and benefits from the County’s expanded hiring freeze and salary lapse, totaling $1.007 million. The savings include operational savings across all functional areas for expenditures related to fuel, utilities, telecommunications, travel and training and other areas. The savings are allocated by functional area as follows: AGENDA TITLE: FY10 End-of-Year Preliminary Financial Report October 6, 2010 Page 3 Administration expenditures are expected to be $10.263 million, a savings of $0.664 million. Judicial expenditures are expected to total $3.647 million, a savings of $0.206 million. Public Safety expenditures are expected to total $28.598 million, a savings of $1.197 million Public Works expenditures are expected to total $4.242 million, a savings of $0.792 million. Human Services expenditures are expected to be $17.561 million, a savings of $1.523 million. Parks and Culture expenditures are expected to total $6.188 million, a savings of $0.221 million. Community Development expenditures are expected to total $6.925 million, a savings of $0.818 million. ii. Non-Department expenditures consisting of the revenue sharing payment, reserves, and refunds are expected to total $18.112 million, a savings of $0.474 million. iii. Transfers are expected to total $115.322 million, a 3.8% savings of $4.563 million from Budget: Transfer to the School Division is expected to be $97.042 million, a savings of $3.108 million. Transfers to the Capital and Debt funds are $18.280 million, a savings of $1.428 million. c. Revenues less Expenditures: This report indicates that the fiscal year will end with $5.310 million of revenues in excess of expenditures. Revenues and transfers are projected to experience a $5.120 million shortfall which should be offset by $10.431 million in expenditure savings. This is an increase of $2.331 million from the $2.979 million surplus amount projected in the Third Quarter Financial Report. The increase, as detailed in this report, reflects an increase in projected revenues from the Third Quarter Financial Report of $1.172 million and a decrease in projected expenditures from the Third Quarter Financial Report of $1.160 million. The $5.310 million surplus, combined with one-time revalidation revenues of $0.925 million, results in a Projected Available Fund Balance as of 6/30/10 of $23.748 million, which equals approximately 8.9% of the FY 2010 General Fund and School Budgets. This slightly exceeds the 8.0% level specified for this indicator in the County’s Financial Policies. The Policies state that funds in excess of the 8.0% level “may be considered to supplement pay as you go capital expenditures or as additions to the fund balance”. Staff will present to the Board, during its consideration of the CIP this fall, a recommendation of the use of these additional funds, which equate to approximately $2.38 million. . B. Attachment B: General Fund Budget Comparison Report: The chart report tracks changes in revenues and expenditures over time. Revenues: Utility Tax, Other Local Tax including delinquent revenue, Other Local Revenue, Federal Revenue, and Transfers from other funds show positive growth over FY09. Real Estate Tax, Personal Property Tax, Sales Tax, Business License, Food & Beverage Tax, State Revenue, and Use of Fund Balance show decreases from FY09. Expenditures: Judicial, Public Safety, Parks & Culture, and Non-Departmental expenditures show anticipated increases over FY09. Administration, Public Works, Human Services, Community Development, Non-School transfers, and School Transfers show anticipated decreases from FY09. C. Attachment C: Fund Balance Report: The report indicates that the County: Had an Audited FY09 Undesignated Fund Balance of $19.845 million as of June 30, 2009, Appropriated $1.603 million for Budgeted FY10 Initiatives and Reappropriations, Has a remaining June 30, 2009 Fund Balance of $18.242 million, Recorded revenues over expenditures of $5.310 million, AGENDA TITLE: FY10 End-of-Year Preliminary Financial Report October 6, 2010 Page 4 Recorded revalidation revenues of $0.925 million, Has a Preliminary Fund Balance of $24.477 million, Has proposed reappropriations of $0.729 million, Has Projected Available Funds of $23.748 million as of October 06, 2010. D. Budget Impact: This Financial Report is based on audited FY09 financial data and twelve months of unaudited financial data for FY10. Audited financial results for FY10 will be presented to the Board in February 2011. RECOMMENDATIONS: Staff recommends approval of the Preliminary June 30, 2010 End-of-Year Financial Report. ATTACHMENTS; A – Preliminary General Fund End-of-Year Financial Report B – Preliminary General Fund Budget Comparison Report C – Preliminary General Fund Balance Report Return to consent agenda Return to regular agenda Attachment A FY 08/09 Full Year Actual (1) 07/01/09 Adopted (2) 06/30/10 Appropriations Preliminary 06/30/10 YTD Actual (3) YTD Actual as % of Appropriations $ Variances Act-Approp Variances as % of Appropriations Revenues: Real Estate Taxes, Current $113.265 $113.898 $113.898 $112.462 98.7%-$1.436 -1.3% Personal Property Taxes, Current 20.946 21.147 21.147 19.020 89.9%-$2.127 -10.1% Delinquent Property Taxes & Fees 2.708 2.176 2.176 3.105 142.7%$0.929 42.7% Sales Taxes 11.974 12.500 12.500 11.623 93.0%-$0.877 -7.0% Business Licenses 9.608 10.065 10.065 9.508 94.5%-$0.557 -5.5% Utility Taxes 8.939 9.395 9.395 8.965 95.4%-$0.430 -4.6% Food and Beverage Taxes 5.447 5.750 5.750 5.390 93.7%-$0.360 -6.3% Other Local Taxes 9.470 10.332 10.332 9.817 95.0%-$0.515 -5.0% Other Local Revenue 4.638 4.177 4.220 4.787 113.4%$0.567 13.4% State Revenue 23.408 23.486 23.486 23.171 98.7%-$0.316 -1.3% Federal Revenue 4.318 4.138 4.176 4.367 104.6%$0.191 4.6% Total Revenues 214.722 217.064 217.145 212.212 97.7%-$4.932 -2.3% Use of Other Funds 1.366 1.781 2.665 2.477 92.9%-$0.188 -7.1% Use of Fund Balance 1.816 0.146 1.512 1.512 100.0%$0.000 0.0% Total $217.905 $218.991 $221.321 $216.200 97.7%-$5.120 -2.3% FY 08/09 Full Year Actual (1) 07/01/09 Adopted (2) 06/30/10 Appropriations Preliminary 06/30/10 YTD Actual (3) YTD Actual as % of Appropriations $ Variances Act-Approp Variances as % of Appropriations Expenditures: Administration $10.953 $10.823 $10.957 $10.293 93.9%-$0.664 -6.1% Judicial 3.630 3.816 3.854 3.647 94.7%-$0.206 -5.3% Public Safety 28.198 29.204 29.796 28.598 96.0%-$1.197 -4.0% Public Works 4.766 4.593 5.034 4.242 84.3%-$0.792 -15.7% Human Services 18.074 19.084 19.084 17.561 92.0%-$1.523 -8.0% Parks, Rec. & Culture 6.196 6.403 6.410 6.188 96.5%-$0.221 -3.5% Community Development 7.488 7.497 7.743 6.925 89.4%-$0.818 -10.6% Subtotal Operations 79.305 81.420 82.877 77.456 93.5%-$5.421 -6.5% Non-Dept (revenue share; reserves; refunds)13.850 17.713 18.586 18.112 97.5%-$0.474 -2.5% Transfers: Transfer to School Division 97.546 100.151 100.151 97.042 96.9%-$3.108 -3.1% Transfers to Capital, Debt, and Other Funds 24.747 19.708 19.708 18.280 92.8%-$1.428 -7.2% Subtotal transfers 122.293 119.858 119.858 115.322 96.2%-$4.536 -3.8% Total $215.448 $218.991 $221.321 $210.890 95.3%-$10.431 -4.7% 7/1/09 > 06/30/10 = 100% of year Preliminary Revenues in Excess of Expenditures $5.310 (1) Full Year FY09/10 Transacctions (2) July 01, 2009 Adopted General Fund FY10 Budget Preliminary June 30, 2010 Fund Balance $24.477 (3) Preliminary as of September 22, 2010 Preliminary June 30, 2010 Projected Available Funds $23.748 Current FY 09/10 Current FY 09/10 County of Albemarle General Fund Financial Report Year-To-Date for the Twelve Months Ended June 30, 2010 ($ in millions) Revenues with black variances are positive, red variances in ( ) are shortfalls.Expenditures with red variances in ( ) are positive, black variances are over expenditures Attachment B County of Albemarle General Fund Budget Comparison Report Year-to-Date for the Twelve Months Ended June 30, 2010 ($ in millions) - 5.0 10.0 15.0 20.0 25.0 30.0 35.0 Administration Judicial Public Safety Public Works Human Services Parks, Rec & Culture Community Development Non- departmental Non-School Transfers$ in millionsExpenditures 08/09 Actual July 1 Adopted 09/10 Appropriations 09/10 Preliminary - 20.0 40.0 60.0 80.0 100.0 120.0 Real Estate Tax Personal Property Tax Sales Tax Business Licenses Utility Tax Food_Beverage Tax Other Local Taxes & Delinq Other Local Revenues State Revenues Federal Revenues Transfers Other Funds Fund Balance$ in millionsRevenues 08/09 Actual July 1 Adopted 09/10 Appropriations 09/10 Preliminary 95.0 95.5 96.0 96.5 97.0 97.5 98.0 98.5 99.0 99.5 100.0 100.5 1$ in millionsTransfer to School Division Attachment C June 30, 2009 Audited Fund Balance $19.845 Less FY10 Appropriations Approved to Date: Budgeted FY10 Local Government Initiatives (approved in budget process)0.146 Reappropriation of FY09 outstanding purchase orders 0.266 Reappropriation of FY09 uncompleted projects 0.702 Route 20 Visitors Center fund transfer of remaining balance -0.045 Public Safety Backpay 0.388 June primary election 0.054 1.512 Less FY11 Appropriations Approved to Date: Budgeted FY11 Local Government Initiatives (approved in budget process)0.092 Total Appropriations Approved to Date 1.603 June 30, 2009 Fund Balance Available 18.242 Preliminary FY10 Revenues in Excess of Expenditures 5.310 Revalidation Rollbacks 0.925 Preliminary June 30, 2010 Fund Balance 24.477 Less Proposed FY11 Commitments: Reappropriation of FY10 outstanding purchase orders 0.030 Appropriation for Grants Leveraging Fund 0.100 Miscellaneous Appropriations 0.013 Reappropriation of FY10 uncompleted projects 0.586 Total Proposed FY11Committments 0.729 Preliminary June 30, 2010 Projected Available Funds 23.748 General Fund Balance Report Year-to-Date for the Twelve Months Ended June 30, 2010 County of Albemarle ($ in millions) Karen P. Kilby Virginia Department of Transportation Programming/Investment Management Director 1601 Orange Road Culpeper, VA 22701 CULPEPER DISTRICT MONTHLY REPORT Albemarle County October, 2010 New Issues CTB approved FY2011 Revenue Sharing Allocations – Crozet Streetscape to receive $230,452 in State Funds. Meadow Creek Parkway Trail – In conjunction with their annual meeting, approximately 50 members of the Rivanna Trails Foundation took a tour of the enhanced pedestrian trail under construction as part of the Meadow Creek Parkway project. The response from the tour was overwhelmingly positive. The attached brochure was distributed during the tour. Preliminary Engineering Route 691, Jarmin’s Gap Road – Right of Way is complete. Project scheduled for Advertisement in January, 2011. Route 656, Georgetown Road – Right of Way is completed. Scheduled for Advertisement in February, 2011. McIntire Road – Award is still on hold. Route 708, Dry Bridge Road – Design Public Hearing planned for January, 2011. Route 677 , Route 637 and Route 616, Bridge Replacements - Aerial photography is complete and field survey is underway. Maintenance Activities Mowing and Dead Animal Removal – On Primary and Secondary System. Unpaved Shoulders – Repaired shoulders on Route 29. Pipes/Culverts – Cleaning pipes and culverts on Routes 688, 789 and 824 Brush – Cutting brush from the roadside on Routes 29, 635, 696, 636, 637 and 635. Patching – Performed mechanized patching on Routes 702, 635 and 802. Dirt Roads – Machined Routes 682, 611, 707, 637, 702 and 814. Trees – Removed problem trees from the secondary system. Drainage – Cleaned unpaved ditches on the secondary system. Construction Activities Route 631 – Meadowcreek Parkway - Construction is progressing on schedule. Route I-64 at 5th Street – Project Complete. Route I-64 at Shadwell – Contractor will beginning preliminary signal work. Countywide Plant Mix – Milling, paving and applying pavement marking tape. Installation of Raised Pavement Markers and Rumble Strips anticipated to be completed by October 15th. I-64 Bridge Deck Repairs and Epoxy Overlay - Should be completed by Mid-October. Route 20 Bridge Painting over James River and C&O Railroad – Contractor has mobilized and is beginning work. Traffic Engineering ROUTE LOCATION REQUEST STATUS 663 (Buck Mtn Road) Earlysville Speed Study The study recommends establishing a 35 MPH speed limit from the intersection of Route 743 to 0.77 miles north of the intersection. Final approval is pending. 743 (Hydraulic Road Intersection of Georgetown Road Installation of right on red arrow Under Review by Traffic Engineering Staff 852 (Commonwealth Drive) Between Greenbrier Drive and Four Seasons Drive Traffic Calming Installation of white edge lines delineating on-street parking from the travel lane are being scheduled. Preliminary speed data have been collected. PROJECT INFORMATION ON VDOT’S WEB SITE: http://www.virginiadot.org/projects/culpeper/ meadowcreek.asp PROJECT CONTACTS: Satish Airi, P.E., project manager, 434-962-4714 Mauris Mackenzie. P.E., area construction engineer, 434-951-6430 To be added to the project email notification list, send a request to Lou Hatter, public affairs manager, Lou.Hatter@VDOT.Virginia.gov THE MEADOWCREEK PARKWAY VDOT Answers Your Questions PROJECT FACTS Construction began in February 2009 Scheduled completion date, Oct. 14, 2011 Length: 1.4 mile, from East Rio Road to Melbourne Road Cost: $11.8 million for construction; $3.5 million for design and engineering; $9 million for right of way and utility relocation. Contractors: Faulconer Construction Co. Inc., of Charlottesville. Bridge contractor: Fairfield-Echols LLC, of Fishersville. The Meadowcreek Parkway is a new two-lane road running for 1.4 miles from East Rio Road south to the Charlottesville city limits at Melbourne Road. The parkway will provide additional capacity and an alternate route for traffic headed toward Charlottesville from the north. The Meadowcreek Parkway will connect with McIntire Road Extended at the Charlottesville city line, which will extend the new roadway alignment south to the Route 250 Bypass. East Rio Road will also be improved in the vicinity of the new roadway, including a new four-lane bridge over the Norfolk Southern Railroad and new entrances to the Charlottesville-Albemarle Technical Education Center and the Dunlora and Belvedere residential communities. The improvements to East Rio Road will enhance safety for motorists using that road as well as those entering and leaving the school and nearby businesses and communities. Along with the new road the project will build a paved, 10-foot-wide multi-use path that parallels the roadway alignment from Melbourne Road north to East Rio Road. The path includes a dedicated pedestrian bridge across Meadow Creek. The multi-use path is set off from the road within a linear park that parallels the Meadowcreek Parkway along its entire length to preserve the trail’s natural surroundings. The path will become part of the Rivanna Trail network and will be open to public use once the project is completed. The Meadowcreek Parkway will also feature dedicated bicycle lanes on both sides of the roadway to facilitate use of the road by bicyclists. Bicycles will also be allowed on the multi-use trail. THE MEADOWCREEK PARKWAY RIVANNA TRAIL DETOURS When site work began in mid-February 2009 the segment of the Rivanna Trail between Melbourne Road and East Rio Road was closed to the public. When the Meadowcreek Parkway is completed, a linear park that includes a 10-foot wide multi-use trail will roughly parallel the new parkway and tie into the Rivanna Trails network. VDOT is working with the Rivanna Trails Foundation and Albemarle County to provide alternate trail routes that will maintain connections with the Rivanna Trails while also ensuring the safety of trail users by detouring them around the construction area. The following alternate paths have been established around the closure. From Park Street to Hydraulic Road: Follow the sidewalk on Melbourne Road. Left down the steps behind the CHS Baseball field. Left across the bridge into McIntire Park. Right onto the trail at the end of the bridge. Follow the trail to Meadowbrook Heights Road. Right on Meadowbrook Heights and Left on Grove Road. Right onto sidewalk to Hydraulic Road. From Park Street to Greenbrier Park: Follow the sidewalk on Melbourne Road to Kenwood Lane. Right on Kenwood to Jamestown Drive. Left on Jamestown to the end. Enter Greenbrier Park. From Greenbrier Park to Park Street: Exit the park at the bridge to the circle at the end of Jamestown Drive. Follow Jamestown to Kenwood Lane. Right on Kenwood and Left on Melbourne Road. Follow the sidewalk along Melbourne to Park Street. For more information about the Rivanna Trails network visit the Rivanna Trails Foundation web site, http://rivanna.avenue.org/ EAST RIO ROAD CONSTRUCTION AND UPCOMING DETOUR Construction of the new Meadowcreek Parkway will require extensive reconstruction of East Rio Road to provide the northern connection to the parkway and other adjacent roads. That work cannot be done while traffic is using East Rio Road. On the evening of Oct. 5 East Rio Road will be closed between Dunlora Drive and Pen Park Lane and the Meadowcreek Parkway will be temporarily opened as a detour route. Traffic using East Rio Road will be detoured south onto the Meadow- creek Parkway to Melbourne Road, where it will turn left to return to Park Street. Traffic headed north on East Rio Road will turn left onto Melbourne, then right onto the parkway and travel north to East Rio Road. This detour will be in effect for approximately six weeks while East Rio Road is realigned and rebuilt. Once that construction work is completed East Rio Road will be reopened and the parkway will again be closed to traffic. During the construction work on East Rio Road access will be maintained to the private homes along that section. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2011 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Public Hearing on the Proposed FY 2011 Budget Amendment in the amount of $18,842,469.76 and approval of Budget Amendment and Appropriations #2011031, #2011032, #2011033, #2011034, #2011035, #2011036, #2011037, #2011038, #2011039, #2011040, #2011041, #2011042, #2011043, #2011044, #2011045, #2011046, and #2011047 for various school and local government programs STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Wiggans, and Ms. L Allshouse LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment which 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 County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of the new requested FY 2011 appropriations, itemized below, is $18,842,469.76. Because the cumulative amount of the appropriations exceeds one percent of the currently adopted budget, a budget amendment public hearing is required. DISCUSSION: The proposed increase of this FY 2011 Budget Amendment totals $18,842,469.76. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund $ 638,715.01 Special Revenue Funds $ 1,626,547.85 School Fund $ 145,110.09 School Programs $ 246,457.54 ECC $ 648,737.00 Capital Improvements Funds $ 14,416,083.75 Stormwater Funds $ 1,120,818.52 TOTAL ESTIMATED EXPENDITURES – All Funds $ 18,842,469.76 ESTIMATED REVENUES Local Revenues (Fees, Contributions, Donations) $ 398,492.09 State Revenue $ 41,297.11 Federal Revenue $ 2,127,240.32 Loan Proceeds $ 4,817,192.62 General Fund Balance $ 729,470.33 Other Fund Balances $ 10,728,777.29 TOTAL ESTIMATED REVENUES – All Funds $ 18,842,469.76 AGENDA TITLE: FY 2011 Budget Amendment and Appropriations October 6, 2010 Page 2 The budget amendment is comprised of thirty-seven (37) separate appropriations as follows, 20 of which have already been approved by the Board as indicated below: Approved August 4, 2010: One (1) appropriation (#2011010) totaling $132,499.48 re-appropriating the Crozet Meadows Rehabilitation project funds; One (1) appropriation (#2011011) totaling $5,500.00 for the sale of surplus items by the Sheriff’s Office; One (1) appropriation (#2011012) totaling $ 5,613.18 for other revenue sources (reimbursement) in the General Fund and reducing the use of General fund balance by the same amount; One (1) appropriation (#2011013) totaling $105,100.00 for various Commission on Children and Families grants; Two (2) appropriations (#2011014 and #2010018) totaling $97,685.00 for various education programs; One (1) appropriation (#2011015) totaling $66,802.00 for various Police Department Grants; One (1) appropriation (#2011016) totaling $250,000.00 for a supplemental Virginia Department of Transportation TEA grant received for the Crozet Streetscape Phase 2 project; One (1) appropriation (#2011017) totaling $383,523.11 to re-appropriate the Federal Energy Grant; One (1) appropriation (#2011019) totaling $74,947.00 for a DCJS grant to OAR/JACC; and One (1) appropriation (#2011020) totaling $91,186 for the one-time donation to WARS for the re-chassis of an ambulance; and One (1) appropriation (#2011021) totaling $405,000 for the replacement purchase of the totaled East Rivanna Volunteer Fire Department Tanker 26. Approved September 1, 2010: One (1) appropriation (#2011022) totaling $2,000 to re-appropriate and appropriate restitution fees for the Sheriff’s Office Hunting Control Program; One (1) appropriation (#2011023) totaling $38,000.00 for the Avemore Bond Default; One (1) appropriation (#2011024) totaling $319,906.65 to re-appropriate general government capital projects; One (1) appropriation (#2011025) totaling $11,020.00 for the revenue received for the Meadows Center rent and Lane field lights; One (1) appropriation (#2011026) totaling $54,000.00 for a grant received by the Police Department from DMV grant - Enhancing Traffic Safety; One (1) appropriation (#2011027) totaling $266,982.63 for various education programs; One (1) appropriation (#2011028) totaling $18,437.00 for a grant received by the Emergency Communications Center from the Virginia Department of Emergency Management; and One (1) appropriation (#2011029) totaling $19,320.00 for a grant received by the Sheriff’s Office from DMV – Operation Hammerdown. The sixteen (16) new appropriations requested for Board approval on October 6th are as follows: One (1) appropriation (#2011031) totaling $18,974.32 for various police grants; One (1) appropriation (#2011032) totaling $20,000.00 for landscaping and parking at the Hollymead Fire Station; One (1) appropriation (#2011033) totaling $585,750.51 to re-appropriate uncompleted general fund local government projects from FY10; One (1) appropriation (#2011034) totaling $721,321.99 to re-appropriate various grants and seized asset accounts; Two (2) appropriations (#2011035 and #2010042) totaling $28,050.00 for various school programs; One (1) appropriation (#2011036) totaling $4,386.00 to adjust Fire Rescue and the Office of Facilities Development operating budgets; One (1) appropriation (#2011037) totaling $30,058.50 to re-appropriate funding for outstanding POs; One (1) appropriation (#2011038) totaling $12,172,008.91 to re-appropriate funding for various General Government CIP projects; One (1) appropriation (#2011039) totaling $1,068,892.14 to re-appropriate funding for various School CIP projects; One (1) appropriation (#2011040) totaling $1,013,818.52 to re-appropriate funding for various Stormwater CIP projects; AGENDA TITLE: FY 2011 Budget Amendment and Appropriations October 6, 2010 Page 3 One (1) appropriation (#2011041) totaling $100,000.00 for the Grants Leveraging Fund; One (1) appropriation (#2011043) to reallocate funding necessitated by reorganization among the Office of Management and Budget, County Executive’s Office, and Community Development; One (1) appropriation (#2011044) transferring $100,000.00 from the Brownsville Elementary School Renovation/Addition project to the Vehicle Maintenance Facility project; One (1) appropriation (#2011045) totaling $214,000.00 to re-appropriate funding for various ECC capital programs; One (1) appropriation (#2011046) totaling $107,000.00 to appropriate a grant received from the Rivanna River Basin Commission (RRBC) for the Downtown Crozet Stormwater Wetlands Project; and One (1) appropriation (#2011047) totaling $ 416,300.00 for various ECC grants Additional details for the sixteen October 6, 2010 appropriation requests are provided in Attachment A. RECOMMENDATIONS: After the public hearing, staff recommends approval of the FY 2011 Budget Amendment in the amount of $18,842,469.76 and approval of Appropriations #2011031, #2011032, #2011033, #2011034, #2011035, #2011036, #2011037, #2011038, #2011039, #2011040, #2011041, #2011042, #201143, #201144, #2011045, #2011046, and #2011047 to provide funds for various local government and school projects and programs as described in Attachment A. ATTACHMENTS Attachment A – Oct. 6, 2010 Appropriation Descriptions Return to regular agenda Attachment A Appropriation #2011031 $18,974.32 Various Police Grants: Revenue Source: Federal Revenue $ 16,459.00 Fund Balance $ 2,515.32 Grant #2010-DJ-BX-0920: The U.S. Department of Justice awarded the Albemarle County Police Department a grant in the amount of $25,459.00. The purpose of this grant is to assist in funding overtime hours by current officers in support of reducing crime and improvement of public safety for more "Community Policing". There is no local match. Grant #154AL-2011-51211-4153: This request amends a previously approved Appropriation (#2011-026) by -$6,484.68: The Commonwealth of Virginia - DMV awarded the Albemarle County Police Department a grant in the amount of $45,000 with a local match of $9,000 ($2,515.32 FICA; $6,484.68 "in kind") for a total grant of $54,000. This grant assists in the purchase of radar units, breath testing units, as well as funding training for Basic Crash Investigation School. In addition, the grant helps fund overtime hours for DUI checkpoints and increased saturation of trouble spots both on primary and secondary roads. Appropriation 2011 -026 originally included the "in-kind" match. Appropriation #2011032 $20,000.00 Hollymead Fire Station: Landscape, Lawn Restoration and Lot Repairs: Revenue Source: Gen. Govt. CIP Fund Bal $ 20,000.00 Significant portions of the lawn and landscaping at the Hollymead fire station have not survived. In order to prevent erosion and higher long-term maintenance costs, and to conform to the requirements of the approved site plan, it is necessary to redress the lawn and replace some trees and shrubs. The cost for this work is estimated at $14,000.00. Additionally, a portion of the parking lot pavement has begun to fail, with heavier than expected loading, and ne eds to be replaced to prevent additional asphalt failure. The cost estimate is $6,000.00. Appropriation #2011033 $585,750.51 Local Government Projects: Revenue Source: GF Fund Balance $ 585,750.51 The following departments had FY 09/10 funds for s pecific projects. All but one of these projects was uncompleted as of June 30, 2010 and requires re-appropriation for use in FY 10/11: Finance: Re-appropriates funds to perform an actuarial valuation on the County’s Annual Cost of Other Post Employment Benefits (OPEB) – $12,000.00. As part of the regulations of the Governmental Accounting Standard Board (GASB) #45, the County is required as part of the annual audit have a biannual actuarial valuation done on its VERIP Plan. Voter Registrar and Elections: Re-appropriates funds for part-time wages to assist with the office’s mandated functions – $6,459.00, repairs to the Free Bridge voting precinct required by the Americans with Disabilities Act (ADA) – $6,000.00, and replacement of voting machine equipment – $3,447.00. Clerk of Circuit Court: Re-appropriates funds for overtime wages to assist with the office’s current workload mandated functions – $3,768.00. Sheriff: Re-appropriates the contributions made in support of the volunteer reserve programs such as Project Lifesaver and child fingerprinting – $5,676.51. Fire Rescue: Re-appropriates funds for operating supplies including the replacement of both EMS training equipment, Automated External Defibrillators (AEDs), mobile printers, mattresses and new state-required traffic cones – $33,400.00, and funds related to Volunteer Recruitment and Retention initiatives– $118,000.00 General Services: Re-appropriates the Go Green Virginia Grant – $2,500.00. This grant was awarded by the Virginia Municipal League (VML) in 2009 and supports the County’s continued efforts in the areas of sustainability, energy efficiency and climate protection. Attachment A Community Development: Provides funding from the County’s Fund Balance for a Citizen Survey to be completed as part of the County’s five-year update to the Comprehensive Plan - $14,500.00. Beginning in 2002, the County conducted citizen surveys every other year to determine residents’ opinions about relative importance and level of satisfaction with County services as well as obtain residents’ views of the County’s quality of life and planning and growth. The last citizen survey was completed in 2 008. This survey will be a critical component of the public input process for the Comp Plan update and maximizes staff resources and time as the results will also inform the County’s Strategic Planning and the County’s Performance Management efforts. Staff will strongly consider utilizing ICMA’s National Citizen Survey in order to be able to benchmark the County’s results with other communities throughout the nation. Office of Housing: Re-appropriates Community Development Loan Fund, which currently provides down payment assistance to first time homebuyers – $130,000.00. Economic Opportunity Fund – Re-appropriates $250,000.00 for the Economic Opportunity Fund. The Fund is to be used as local match for federal or state economic development projects with an emphasis on creating jobs for local County residents. Appropriation #2011034 $721.321.99 Re-appropriate Grants and Seized Asset Accounts Revenue Source: State Revenue $ 41,297.11 Federal Revenue $ 332,730.85 Fund Balance $ 347,294.03 The following grants and seized asset accounts had not expended all funding as of June 30, 2010 and will require re-appropriation. No additional local funding is required. Seized asset monies were received from the Department of Criminal Justice Services for the Police Department and Commonwealth’s Attorney and deposited into seized asset account funds. The balances remaining in these funds are $67,130.76 for the Police Department and $29,281.61 for Commonwealth’s Attorney. These monies will be used to purchase evidence equipment and traffic enforcement items for the Police Department and office supplies, furniture, and training/conferences for the Commonwealth’s Attorney’s office. In FY 09/10, the Commonwealth of Virginia - DMV awarded the Albemarle County Sheriff’s Office an Operation Watchdog grant in the amount of $15,000.00 with a local match of $3,000.00 for a total grant of $18,000.00. This grant provides funding for the purchase of two additional radar units as well as funding overtime hours for DUI checkpoints and speed enforcement. The amount to bring forward into FY 10/11 is $4,427.79. The Crozet Crossings Housing Trust Fund Trustees provided funding in the amount of $246,400.00 for the Treesdale Park. The project was anticipated to begin in FY 09/10, but it has been delayed. The project is expected to begin in September 2010. The funds will be contributed to AHIP, a partner in development. In FY 09/10, the Department of Criminal Justice Services awarded the Albemarle County Police Depar tment a grant from the State Homeland Security Program in the amount of $17,000.00. The purpose of this grant is to purchase a license plate reader system to assist in detecting, deterring, disputing, and preventing acts of terrorism. This system can capture license plate numbers and compare these numbers to a database which then communicates crime or infractions associated with the vehicle and/or registrant. There is no local match. The amount to be brought forward into FY 10/11 is $17,000.00. In FY 08/09, the Department of Homeland Security awarded the Fire/Rescue Department a grant in the amount of $392,000.00 to assist in the marketing and advertising components of volunteer recruitment. The funds are used for advertising and supplies including but not l imited to radio, TV, pamphlets, door hangers, banners, etc. The grant is funded over a four-year span. The amount to be brought forward into FY 10/11 is $155,302.31. In addition, this appropriates the third year amount of $104,000.00 for a total appropriation of $259,302.31. Beginning in FY 09/10, the Department of Justice awarded Bedford County a grant to assist in the investigations of Internet Crimes against Children. Bedford designated Albemarle County as being an area district and provided Albemarle County $80,000.00. Half of the funds are being used by the Albemarle County Police Department (PD), while the other half are being distributed by the PD to other Agencies as expenditures arise. The amount to be brought forward for FY 10/11 is $27,069.93. The County’s Department of Social Services (DSS) received renewed Child Care Quality Initiative funding from the U.S. Department of Health and Human Services. These funds are used in conjunction with the City of Charlottesville DSS to fund a contracted service that provides training, mentoring and developmental materials to child care providers. This service is provided by Children, Youth and Family Services. (CYFS) Attachment A and serves both jurisdictions. The revenues from this grant are 100% federal with no local match requirements. The amount to be carried forward into FY 10/11 is $25,127.00. The grant runs through May 31, 2011. Albemarle County Department of Social Services in partnership with United Way – Thomas Jefferson Area has been awarded grant funds from the Virginia Health Care Foundation (VHCF) for the implementation of Project Connect, VHCF’s children’s health insurance enrollment initiative. This is a 20-month grant that began February 1, 2010 through September 30, 2011. Total grant funds are allocated 60% to United Way- Thomas Jefferson Area for an Outreach Worker position and 40% to Albemarle County Department of Social Services for an Eligibility Worker position at UVA Medicaid. This grant is 100% reimbursable. The amount to be carried forward into FY 10/11 is $41,297.11. In FY 07/08, the Albemarle County Fire/Rescue Department received $12,000.00 from the J & E Berkley Foundation. These monies enable the continuation of a free smoke detector program to bring single family residences into compliance with the National Fire Protection Association (NFPA) recommendations. This program targets groups that are at risk and usually cannot afford smoke detectors. The amount to bring forward into FY 10/11 is $3,201.83. In July 2009, a private donation was made to support the work of the Natural Heritage Committee (NHC). The chair of the NHC requested that $1,083.65 be re-appropriated so the committee can utilize the funds to support their mission which is to maintain and restore the County’s native biological diversity and provide a healthy environment for the citizens of Albemarle County. Appropriation #2011035 $17,950.00 Various School Programs Revenue Source: Local Revenue $ 17,950.00 From the August 26, 2010 School Board Meeting agenda: Utopian Wireless has agreed to pay the Albemarle County Public Schools in monthly installments for the lease of its broadband channel capacity. Two checks from Utopian Wireless totaling $17,300.00 were received for their July payment. Albemarle County Public Schools is committed to maximizing student achievement and fostering collaboration among professional learning communities and stakeholders. Funds received from Utopian Wireless will be used to acquire specialized contracted services needed to migrate the current ACPS I ntranet system to a new, functionally enhanced platform that will also serve as the foundation for future development. This foundation will serve as an optimized environment that will allow for increased collaboration and communication. Future development will involve deployment of a security gateway, single sign-on platform, collaboration environments, social networking and user profiles. “On May 15, 2009, the Superintendent received a letter from Ms. Linda Perriello proposing that the band room at Henley Middle School be named for Gary Holmes Fagan who has served as band director at the school for 32 of his 34 years of teaching in ACPS. At the June 11th, 2009 School Board meeting, the School Board approved naming the band room at Henley after Gary Holmes Fagan. On August 18, 2010, ACPS received a check from the Dr. Vito A. Perriello, Jr. Memorial Fund in the amount of $650.00. The intent of the donor is that the funds be used to purchase and install a plaque dedicating the Henley Middle School band room to Gary H. Fagan.” Appropriation #2011036 $4,386.00 Adjustments to Fire Rescue and the Office of Facilities Development operating budgets Revenue Source: GF Fund Balance $ 4,386.00 This appropriation funds two adjustments to the FY 10/11 budget: Two reclassifications totaling $6,913 in the Office of Facilities Development, which will be funded through the County’s budgeted Salary Contingency Reserve that is designated for this purpose. This component of this appropriation reallocates funding and will not increase the total County budget. During the FY 10/11 budget development process, $4,386.00 in telecommunications expenses was erroneously omitted from Fire/Rescue’s budget. This appropriation restores this funding. Appropriation #2011037 $30,058.50 Funding for Outstanding Purchase Orders Revenue Source: GF Fund Balance $30,058.50 Several departments had funding for projects approved in FY 09/10 that had not been completed as of June 30, Attachment A 2010. This request re-appropriates the remaining balances for the uncompleted projects for which purchase orders were outstanding as of June 30, 2010. Appropriation #2011038 $ 12,172,008.91 Re-appropriates funding for various General Government CIP Projects Revenue Source: Loan Proceeds $3,622,991.61 Gen Govt CIP Fund Bal $ 8,549,017.30 App 2011-038 General Government Active Projects Each year, staff presents to the board a list of projects that were appropriated to the Capital fund in a prior year, but remain unfinished at year end, in this case June 3 0, 2010. A board “re-appropriation” of these remaining balances is required to allow staff to continue with execution and completion of these efforts. This year, staff presented a partial list of re-appropriation requests in July to address the more time sensitive projects; this request would re-appropriate funds remaining in the rest of the active projects. Below is a brief description of the projects and the corresponding re-appropriation amount. This request re-appropriates remaining balances of active General Government Capital Improvement projects that were underway, but as yet incomplete as of June 30, 2010: Project Description Amount ($) IT ADP Equipment: Funding supports the evaluation/procurement of services and equipment to upgrade/replace county-wide phone systems. 150,000.00 Access Albemarle: Funding supports the implementation of Microsoft Dynamics GP v.10, Buy Speed Online and Enterprise reporting within Albemarle County to achieve the following objectives: Standardize our business operations in a technology supported server based environment; improve operational efficiency; reduce paper flow and redundant processes; provide better access to data and reporting, while providing “one-stop shop” for citizens and staff and ultimately enabling Data Driven Decision making. This funding covers contracted project management assistance, software maintenance and ADP equipment/data processing software. Milestones include setting up Enterprise Reporting for the School Division, deployment of Purchasing and Enterprise Reporting to Local Government departments through the end of Calendar Year 2010; payroll deployment in January 2011 and HR in July 2011. 419,225.04 Voting Machine Replacement: Funding supports the purchase of new voting machines to meet legal requirements based on anticipated County precincts. 91,175.77 Court Building Repair and Maintenance: Funding supports an ADA restroom upgrade in Court Square and associated improvements. 1,173.09 Juvenile Court Building Renovation: Funding supports the County’s share of costs associated with producing "as-built" documents; project completion is anticipated by the third quarter of calendar year 2010. 10,000.00 Circuit Court Clerk Document Imaging: Funding supports outstanding encumbrances for document imaging equipment and back-filing of records. 89,508.00 Police Technology Upgrades: Funding supports the completion of this project which is 90% complete. Regional infrastructure components, radio hardware, computer hardware, and some software components are in place. The custom developed system software is 75% complete. One major component of the software is incomplete. The County is under contract to deliver the remaining balance once the vendor has completed their work on the system software and the project team has completed acceptance testing. 746,037.67 Police Video Equipment: Funding supports the replacement and emergency repairs of video cameras and equipment. Video cameras in police vehicles are a crucial tool in the prosecution of various traffic and criminal cases. 44,909.20 Fire Department Contingency: Funding supports large unexpected expenditures for both career and volunteer stations or equipment; i.e. hvac, apparatus repairs, buildings, etc. 93,779.24 Attachment A Pantops Fire Station: Funding supports outstanding encumbrances; remaining funds will be used for Phase I Environmental Assessment and subdivision/site plan process. 225,969.27 VFD Contingency: Funding supports unexpected expenditures for other equipment needs; most of these funds ($15,551) were re-appropriated in July; balance represents miscellaneous adjustment to balance. 231.00 Ivy Fire Station: Funding supports engineering/planning for fire station; currently negotiating MOU/lease with UVA and County anticipates A/E contract issuance for schematic design upon approval of lease terms. 194,499.24 Ivy Landfill: Funding supports Memorandum of Understanding with City for cleanup of old landfill site. 593,614.81 Street lights: Funding supports two primary purposes: (1) allow more flexible and consistent funding for public requests for street lighting projects; and (2) anticipated need to provide street lighting along public sidewalk projects and new crosswalks: Rio Road/Four Seasons intersection, Four Seasons Drive, Hydraulic/Rio /Earlysville Road intersection and crosswalks On Rio Road (at Berkmar Dr., Old Brook Rd., and Hillsdale Dr.) 185,231.74 Meadow Creek Parkway: Funding supports the completion of the Path connecting Meadow Creek Parkway Phase 1 to neighborhoods on west side of Rio Road. Following the completion of Meadow Creek Parkway Phase 1, which is anticipated to be December 2011, design will begin for a landscape plan. 47,247.03 Records Management System: Funding supports outstanding encumbrances; most of the prior-year balance ($237,304) has been re-appropriated in July; the balance of $20,000 represents adjustments after budget closeout. A significant portion ($200,000) of the original appropriation has been liquidated last year. 20,000.00 Airport Road Landscaping: Funding supports the County’s share of outstanding costs. 9,323.85 Street Improvements-Local: Funding covers VDOT funding shortfalls for high priority road projects in the planning and development stage: Jarmans Gap Road, Georgetown Road, Crozet Main Street/Eastern Avenue. If no shortfalls occur with above projects, funds may be used for location and design work for Rt. 29 north six - lane widening, Berkmar Drive extended/bridge location and design, or match for future Revenue Sharing applications. Funding for design component of priority transportation projects identified by Transportation Funding Options Working Group or other County high priority transportation projects. 1,187,485.07 Crozet Streetscape Phase II: Funding supports outstanding encumbrances. Design completion is anticipated by the fourth quarter of calendar year 2010 or first quarter calendar year 2011; anticipate giving notice-to-proceed once all easements are obtained: Comcast and Embarq utility relocations. Construction funds are for Crozet Streetscape Phase 2 and Phase 2A. Phase 2A (Main Street) currently under construction; anticipate completion by mid-November 2010. Bid advertisement for Phase 2 (Crozet Avenue) is anticipated by the second quarter calendar year 2011 (dependent upon receiving all necessary easements.) 483,216.62 South Pantops Sidewalk: Funding supports outstanding encumbrances. The project is close to bid phase, final design plans are in review, and advertisement for bid is anticipated for Fall 2010. This project provides pedestrian safety along the north side of South Pantops Drive and west side of State Farm Blvd by constructing 3500 feet of curb, gutter and sidewalk. 7,883.35 Avon Street Sidewalk: Funding supports sidewalk, curb and gutter at Avon Street from Lakeside Apartments to City limits; the project is anticipated to start by FY12. 70,992.22 Crozet Avenue North Sidewalk: Funding supports outstanding encumbrances and provides pedestrian safety by replacing or constructing approximately 1100 feet of sidewalk and drainage improvements along the west side of Crozet Avenue from St. George Avenue to Crozet Elementary School and continue to Ballard Dr. “Safe Routes to School” grant awarded to extend design /construction to Ballard Drive. Design of the sidewalk extension to Ballard Drive will begin late summer 2010. 63,783.39 Route 250/Westminster Sidewalk: Funding supports outstanding encumbrances. In the construction phase of this project with work commencing upon finalizing construction contract. 4,197.56 Attachment A Ivy Road Sidewalk: Funding supports sidewalk, curb and storm drainage system from Kluge Rehab Center to City Line. The project is anticipated to start by FY12. UVA has expressed interest in upgrading corridor possibly thr ough application for grant funds. 422,063.34 Route 250 West Sidewalk: Funding supports sidewalk, curb, and gutter at Route 250 West from Bellair Market to Farmington/Ednam. The project is anticipated to start by FY12. 156,571.88 Fontaine Avenue Sidewalk: Funding supports the installation of sidewalk (short distance of ~160’) from the Research Park to the City Line. The project corrects a gap between sidewalks which may create safety issues. The project is anticipated to start by FY12 and a right-of-way is required for project. 87,524.66 Public Works Facility Maintenance: Funding supports an environmental abatement project currently in process. 9,568.92 Public Works Roadway Landscaping: Funding supports repairs outside normal maintenance work as well as the Meadow Creek Parkway Landscaping project. 258,626.68 Park Enhancement Projects: Funding supports the completion of the Crozet Park Tennis/skate park; the completion of a Vault Toilet at Walnut Creek park and a mountain bike parking area requested by Crozet Park Board. 138,932.21 Park Maintenance Projects: Funding supports the completion of the Crozet Park basketball court replacement requested by Crozet Park Board. 22,700.00 Parks Athletic Field Study/Development: Funding supports outstanding encumbrances for the Crozet Field project. 13,270.00 Parks Recreation Facilities: Funding supports the County’s YMCA contribution; Board commitment reaffirmed at April 2010 Board budget work session. 2,030,000.00 Simpson Park Project: Funding supports the Simpson Park Shelter highly desired by Esmont Community. 58,913.70 Parks Crozet Greenway Project: Funding supports the Crozet Park perimeter trail; this improvement is requested by the Crozet Park Board and is part of the greenway plan. 95,340.00 Tourism - Greenway Project: Funding supports outstanding encumbrances for the Free Bridge Trail design. 3,113.00 Tourism - Byrom Park Project: Funding supports outstanding encumbrances for construction; project is expected to be substantially c omplete in Mid-October. 546,997.78 Tourism - Preddy Creek Park Project: Funding supports outstanding encumbrances for the A & E contract; the project is in construction project and is expected to be substantially complete by the end of October . 6,593.18 Tourism - Rivanna Free-Bridge Connector Project: Funding supports outstanding encumbrances; the remaining balance also supports storm damage repair to Free Bridge trail to qualify for grant reimbursement 2,034.65 Library Maintenance Projects: Funding supports outstanding encumbrances for the Gordon Ave Library ADA improvements; the balance represents the County’s share for joint maintenance projects with City. 142,041.92 Crozet Library: Funding supports outstanding encumbrances; the site plan is currently under review by Community Development and the remaining funds support construction of the parking lot (anticipated construction start date 4th quarter 2010). 382,694.13 Acquisition of Conservation Easement Program (ACE): Funding supports outstanding encumbrances and future acquisitions as approved by the Board of Supervisors and in accordance with the established program. 593,137.69 GIS Project: Funding supports outstanding encumbrances and project priorities identified in the five-year GIS implementation plan and schedule as recommended by the GIS Steering Committee. 450,235.86 City View: Funding supports expenses related to migration to CityView 9 platform. 8,339.32 Crozet Main Street: Funding supports the design of the extension of Main Street to the east of Crozet Ave in Crozet. 92,084.62 Attachment A Places 29 Master Plan: Funding supports implementation of the master plan: design of Six-Lane Widening of Rt. 29 (river to Hollymead Town Center); Berkmar Dr. extended & bridge location and design; priority sidewalk and crosswalk improvements. 1,385,000.00 Pantops Master Plan: Funding supports implementation of various identified projects. "Priority crosswalk" improvements (at Rt 250/Rt. 20 and Rt. 250/Rolkin intersections) are next priority after current sidewalk projects in Pantops area are completed. Other projects include Rt. 250/Rt. 20 intersection improvement design; other pedestrian crossings various locations; traffic calming/management improvements on connector roads (S. Pantops Blvd./Fontana); and/or potential funding of Old Mill Trail construction/bridge installation. 198,731.45 Rivanna Master Plan: Funding supports implementation of the master plan, including future pedestrian/bike connections related to re-construction of the Route 250 bridge over the RR (Shadwell). Alternatively, funds could be moved to Pantops Master Plan to fund needed improvements. 50,000.00 Neighborhood Plan Contingency: Funding supports contingency of unexpected costs for master plans 50,239.61 This request also re-appropriates balances of the General Government Capital Improvement Fund remaining as of June 30, 2009 as follows: Project Description Amount ($) Hollymead-Powell Creek Sidewalk: Funding is requested from the balance of Hilltop/Tabor sidewalk project. (The Hilltop/Tabor will not be proceeding as the required easements were unobtainable.) 194,499.24 Court Square Enhancements: Funding supports further study of downtown Courts facilities, with particular reference to the Levy Building and future space needs for General District Court, Commonwealth Attorney and Clerk Office operations. Engagement of a consultant is anticipated upon availability of funds. (This re- appropriation request appropriates the balance of funds for a different although similar purpose than originally appropriated by Board.) 35,870.72 Hillsdale Sidewalk: Funding adjustment to reflect updated amount of the grant being received. (2,598.81) Appropriation #2011039 $1,068,892.14 Re-appropriates funding for various School CIP projects Revenue Source: Loan Proceeds $998,665.36 School CIP Fund Bal $ 70,226.78 This request re-appropriates remaining balances of active School Capital Improvement projects that were underway as of June 30, 2010: Project Description Amount ($) School Board ADA Structural Changes: Funding supports on-going projects addressing ADA concerns 13,051.70 Brownsville Elementary School Renovation/Addition: Funding supports outstanding encumbrances; project is substantially complete and final completion is estimated for December 2010. 28,419.55 Crozet Elementary School Parking Lot: Funding supports outstanding encumbrances and project is substantially complete. 267,669.85 Attachment A Greer Elementary School Renovation/Addition: Funding supports outstanding encumbrances; Phase 1 is complete and Phase 2 is on hold. 294,695.31 Meriwether Lewis Elementary School: Funding supports outstanding encumbrances and project is complete (punch list remaining). 3,990.75 Albemarle High School Renovation/Addition: Funding supports outstanding encumbrances; project is substantially complete, and final completion is estimated for Fall 2010. 6,737.01 CATEC Maintenance Projects: Funding supports reimbursement to the City of Charlottesville for the County’s portion of expenses related to maintenance projects. 155,354.44 Vehicle Maintenance Facility: Funding supports outstanding encumbrances; project is substantially complete, and final completion is estimated for December 2010. 26,808.72 Classroom/Instruction-ADP Equipment: Funding supports on-going projects addressing ADP Equipment. 1,983.00 School Maintenance Projects: Funding supports outstanding encumbrances and on- going maintenance projects. 214,989.73 School CIP Donation 145.00 Albemarle High School Turf Field: Funding supports outstanding encumbrances and completion of the project is dependent upon receipt of donations. The Site plan is approved and project construction ready once it’s fully funded. 28,264.08 Western Albemarle High Sch Turf Field: Funding supports outstanding encumbrances and completion of the project is dependent upon receipt of donations. The Site plan is approved and project construction ready once it’s fully funded. 26,783.00 Appropriation #2011040 $1,013,818.52 Re-appropriates funding for various Stormwater CIP Projects Revenue Source: Stormwater CIP Fund Bal $1,013,818.52 This request reappropriates remaining balances of Stormwater Management projects that were uncompleted as of June 30, 2009: Project Description Amount ($) Stormwater Management: Funding supports several projects that are listed in the CIP, including three that are in various stages of development. 868,071.16 Woodbrook Lagoon: Funding supports project management; the project is designed and ready to advertise for bid. 30,976.70 Turtle Creek: Funding supports the on-going project; construction is anticipated to begin this fiscal year; grant funds are applicable 52,028.55 Crozet Stormwater: Funding supports the on-going project; construction is anticipated to begin this fiscal year; grant funds are applicable. 57,821.58 COB Biofilters-Stormwater: Funding supports the on-going project; this project is nearing design completion with review by the City and construction is expected to begin this fiscal year. 4,920.53 Appropriation #2011041 $100,000.00 Establishment of Grants Leveraging Fund Revenue Source: Fund Balance $100,000.00 This request appropriates the initial funding of $100,000 for the Grants Leveraging Fund f rom the County’s FY09/10 year-end operational expenditure savings as approved by the Board on September 1, 2010. The Grants Leveraging Fund better positions the County to take advantage of short -term grant offerings that will benefit core operations. Use of the fund would be in accordance with established guidelines, recommended by the County’s Grants Committee, and approved by the County Executive. All requests for Grants Leveraging Fund appropriations will be approved Board of Supervisors. Attachment A Appropriation #2011042 $10,100.00 School Donations Revenue Source: Donations $10,100.00 From the September 9, 2010 School Board Meeting agenda item: “Albemarle High School (“AHS”) received cash donations totaling $1,100.00. These donations were made to help fund the installation of a synthetic turf field at AHS. The current balance for the FY 10/11 AHS Synthetic Turf Project is $1,100.00 including this donation. The balance from previous fiscal years is $41,867.88 for a grand total of $42,967.88. $7,441.92 has been spent on the project to-date and $6,161.88 was previously appropriated in July (#2011-006). The high schools need to raise $325,000.00 in order to receive matching funds from an anonymous donor, requiring AHS to raise an additional $282,032.12 to secu re matching funds. The balance required to secure construction is $650,000.00. Stone Robinson Elementary School received a donation in the amount of $8,000.00 from the Stone Robinson PTO. The donor has requested that this contribution be used to suppleme nt teacher purchases of instructional/ recreational supplies for classrooms at Stone Robinson Elementary School. In the Spring of 2010, University of Virginia students came to several of our schools to tutor any of our students who were interested. These students are in UVa’s Teacher Prep program. UVa sent $25.00 per student to the respective school: Albemarle High School - $200.00 Jack Jouett Middle School - $325.00 Burley Middle School - $400.00 Sutherland Middle School - $75.00 These amounts will be appropriated into each school’s educational and recreational supply budget code.” Appropriation #2011043 $372,451.00 Reorganization involving the Office of Management and Budget, County Executive’s Office, and Community Development Revenue Source: Transfers $372,451.00 This appropriation reallocates $281,287 for the reorganization of the Office of Management and Budget: Reallocates funding for the Office of Management and Budget from the Finance Department to an independent office ($174,343.00). Reclassifies the Manager of Strategic Planning and Performance position to the Director of Budget and Performance Management and moves this position and associated expenses from the County Executive’s Office to the Office of Management and Budget ($106,944). It also reallocates $91,164 to move the economic development function from the Community Development Department into the County Executive’s Office. This appropriation does not require any additional funding. Appropriation #2011044 $100,000.00 Transfer of funds from Brownsville Elementary School Renovation/Addition Project to the Vehicle Maintenance Facility project Revenue Source: Transfer $100,000.00 This request transfers $100,000.00 from the Brownsville Elementary School project to the Vehicle Ma intenance Facility project. The Brownsville project is substantially complete and estimated to reach final completion in December 2010. The increase to VMF is requested to cover costs of unforeseen circumstances: primarily, soil conditions, rock & stormwater issues. Appropriation #2011045 $214,000.00 Emergency Communications Center (ECC) Capital Programs: Revenue Source: ECC Fund Balance $214,000.00 Attachment A The ECC Management Board approved the following re-appropriation of funds from the ECC Fund Balance Account for CIP Projects for FY-2010/2011 at their meeting on May 18, 2010: Data System Backup Phase II: The purchase of this Cisco server is the second part of a three part equipment procurement that allows more flexibility in how the ECC will manage its data workload on fewer physical servers. The Cisco UCS Server along with VMWare’s vSphere system allows the ECC to consolidate lots of different data onto more powerful servers which will reduce electrical, heat and space usage while providing for more redundancy of workloads between physical assets. These servers position the ECC to respond more quickly and with more flexibility to future public safety data/server needs. $25,000 Replacement UPS/Batteries for Tower Sites: Each ECC Tower site has dual UPS Systems that are used in the event of a power failure. We are past due to replace the 600 batteries located at each tower site. As a matter of fact some of the old batteries are starting to go bad and a few are leaking. We are presently working with the procurement office in developing an RFQ for this replacement process which will include removing the old batteries from the tower site. $100,000 Replacement Fire/RMS Server: FY-2012 is the scheduled time to replace the server for the Fire Records Management System for the City and County Fire Departments. The server is housed at the ECC Building and is maintained by ECC staff. $6,000 ECC Carpet Replacement: The carpeting in the ECC is now 10 years old. Since it is used 24/7 it actually has the wear of 30 years worth of use. ECC will be using special equipment that raises the consoles during the replacement phase. $25,000 800 MHz Microphones for the Cache Radio’s : ECC’s current radio’s in the regional radio cache do not have shoulder mic’s and we will be purchasing 60 of these microphones that will be attached to the radio’s. This allows the user to have the radio at the hip and the microphone at the ear for better use. $8,000 HVAC System Replacement: The City Maintenance Department oversees our HVAC System and has recommended we start replacing our internal HVAC units. This process will be over a three year timeline with us replacing the first unit in FY-2012. The current units are 10 years old and run 24/7 and we are starting to experience problems. $20,000 Miscellaneous Other Servers: ECC has some smaller servers that we maintain that need replacement such as the tape/data backup server, snap page messaging server, authentication server etc. These servers are over 4 years old and need replaced. $30,000 Appropriation #2011046 $107,000.00 Rivanna River Basin Commission Grant Revenue Source: Federal Revenue $107,000.00 The Rivanna River Basin Commission (RRBC) has awarded a grant to the County of Albemarle towards the completion of the Downtown Crozet Stormwater Wetlands Project. The RRBC, in coordination with several of its member localities, including Albemarle County, received a grant from the National Fish and Wildlife Foundation (NFWF) to construct capital projects, monitor at least one of these projects, provide public education, and identify ways to incentivize the implementation of innovative stormwater best management practices on private lands. This allocation will pay for a portion of the stormwater p roject. The County will commit to various obligations, including constructing the project, allowing educational signage to be posted at the project site, and documenting project progress and costs. Though no local match is required, to receive funding from the RRBC, the County is required to provide information to the RRBC regarding in -kind efforts and the County’s total project cost. The RRBC in turn can provide that documentation to the NFWF in lieu of a local match. Appropriation #2011047 $416,300.00 Various Emergency Communication Center (ECC) Grants Revenue Source: Federal Revenue $416,300.00 This request appropriates three federally funded, non matching, 100% reimbursable grants awarded to the Attachment A Emergency Communications Center (ECC) from Virginia Department of Emergency Management (VDEM). These are pass-thru from the federal government. EOP Restructuring Grant Award Amount: $400,000 This non matching reimbursable Emergency Operations Plan (EOP) Restructuring Grant will be used by the local Emergency Management Office to restructure the Charlottesville-UVA-Albemarle County Emergency Operations Plan to incorporate the Emergency Support Functions (ESF) structure and align our local plan with the Commonwealth’s EOP and National Response Framework. To effectively validate this comprehensive overhaul of our current regional concept of operations, we will develop and implement an extensive training and exercise strategy, with the objective of thoroughly institutionalizing the new EOP concepts acros s all local response partners. CERT Grant #1 Award Amount: 9,800.00 This non matching reimbursable Community Emergency Response Team (CERT) Grant #1 will be used to provide training and equipment for citizens who take the local Community Emergency Res ponse Team training. CERT Grant #2 Award Amount: $6,500.00 This non matching reimbursable CERT Grant #2 will be used to provide training and equipment for citizens who take the local Community Emergency Response Team training. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Sanitary Sewer Easement for 1100 Crozet Avenue, LLC. SUBJECT/PROPOSAL/REQUEST: Public hearing for the request to grant a private sanitary sewer lateral easement across County property STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Herrick, Letteri, and Patsch LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The proposed site plan submitted by 1100 Crozet Avenue, LLC for the Crozet Animal Wellness Veterinary Clinic located at 1100 Crozet Avenue (TMP 056A2-01-00-00700) shows a sanitary sewer lateral across County property (TMP 05600-00-00-01100) to connect to an existing Rivanna Water and Sewer Authority public sewer manhole (see Attachment E). This proposed connection would require a sanitary sewer easement across County property. In a separate matter, the County has requested the dedication of drainage easements on the privately-owned 1100 Crozet Avenue property (TMP 056A2-01-00-00700) (Attachment B) and on TMP 056A2-01-00-007A0 (Attachment C) for the Downtown Crozet Streetscape and Stormwater Projects. The owners have indicated their willingness to grant the requested drainage easements in exchange for the County granting the sanitary sewer easement. DISCUSSION: This conveyance of County property requires a public hearing pursuant to Virginia Code § 15.2-1800. By prior agreement of the Board, staff has advertised this item for a public hearing, allowing the Board to act on this conveyance today, if it so chooses. Though a sewer connection could be made on the 1100 Crozet Avenue property without crossing County property, such a connection would create a significant disturbance to the flood plain and water resources buffer located on that property and would be more expensive than the proposed connection. An exchange of the desired easements would be a benefit to the Veterinary Clinic by allowing for a more cost-effective sewer connection with less environmental impact and to the County by facilitating its Downtown Crozet Streetscape and Stormwater Projects. BUDGET IMPACT: There are no budget impacts associated with the granting of this easement; however, this action will expedite the acquisition of easements necessary to complete the Downtown Crozet Streetscape and Stormwater Projects. RECOMMENDATIONS: Staff recommends that following a public hearing, the Board authorize the County Executive to sign the following documents, each in a form acceptable to the County Attorney: a. the proposed Agreement between the County, 1100 Crozet Avenue, LLC, and Gwendolyn H Smith (Attachment A); b. the proposed Deed of Easement from 1100 Crozet Avenue, LLC to the County for a drainage easement across TMP 056A2-01-00-00700 (Attachment B); c. the proposed Deed of Easement from Gwendolyn H. S mith to the County for a drainage easement across TMP 056A2-01-00-007A0 (Attachment C); and d. the proposed Deed of Easement from the County to 1100 Crozet Avenue, LLC for a sewer lateral easement across TMP 056A2-01-00-00700 (Attachment D). ATTACHMENTS A – Proposed Agreement between the County, 1100 Crozet Avenue, LLC, and Gwendolyn H Smith B – Proposed Deed of Easement from 1100 Crozet Avenue, LLC to the County for a drainage easement across TMP 056A2-01-00-00700 C – Proposed Deed of Easement from Gwendolyn H. Smith to the County for a drainage easement across TMP 056A2-01-00-007A0 D – Proposed Deed of Easement from the County to 1100 Crozet Avenue, LLC for a sewer lateral easement across TMP 056A2-01-00-00700 E – Sanitary Sewer Easement Map Return to regular agenda 1 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 056A2-01-00-00700 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk’s fees under Virginia Code § 17.1-266. DEED OF EASEMENT THIS DEED OF EASEMENT is made this ___ day of__________, 2010 by and between 1100 CROZET AVENUE LLC, a Virginia limited liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the “Property”) located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as “New Permanent Drainage Easement Hereby Dedicated to Public Use”, shown on the plat of Lincoln, Surveying, dated August 26, 2009 and last revised April 8, 2010, entitled “Plat Showing A New Permanent Drainage Easement Across Tax Map 56A2 Parcel 1-7 Located on Crozet Avenue, White Hall District, Albemarle County, Virginia”, a copy of which is attached hereto to be recorded with this deed (hereinafter, the “Easement” and the “Plat”). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Lot 2, on plat by Hugh F. Simms & Son, C.L.S., dated August, 1955 and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 321, page 363; also being the same property conveyed to the Grantor herein by deed of Gwendolyn H. Smith, Gwendolyn H. Smith, Henry W. Smith, II and Lisa S. Crawford, Trustees of the Family Trust Created Under the Will of Charles E. Smith, deceased, dated May 21, 2008, recorded in said Clerk’s Office in Deed Book 3613, Page 454; and 2 WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the “Improvements,” whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as “inspecting, maintaining and operating” or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the property, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. All Improvements within 240 feet of Crozet Avenue shall be underground. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 3 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, except as otherwise provided herein, the Grantee shall not be required to repair or replace any structures, trees, or other facilit ies located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof and any Grantor-installed improvements to their original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph. The Grantee will use its best efforts to minimize all disruptions to Grantor's business. Grantee agrees to exercise its rights under this easement in a manner which does not adversely impact the buildings and improvements situated on the Property, or the vehicular and pedestrian access of Grantor, its employees and customers to the Property. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. Included within this right is the right of the Grantor to perform sidewalk and driveway 4 improvements not inconsistent with the drainage Improvements, either at its own option or because of County requirements. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire on the earlier of (i) completion of construction; (ii) abandonment of the easement by Grantee; or (iii) if construction does not commence by December 31, 201 2. If construction has commenced by December 31, 2012, construction shall be completed by December 31, 2013. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Except as otherwise provided herein, neither the Grantor nor any person acting under the Grantor’s express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement. Except as otherwise provided herein, such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. The Grantor has the express consent of the Grantee to construct and maintain a bridge within the Easement. Grantor retains the right to build an appropriate roadway or bridge across the Easement as to facilitate future use and development of any and all of the developable property; provided, however, that the location and design of any such roadway or bridge shall be subject to the Grantee’s approval and shall not interfere with the proper operation and maintenance of Grantee’s Improvements within the Easement. Grantee shall not unreasonably withhold such approval. 9. Grantee’s right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the “Grantor” and the “Grantee” include their respective successors and assigns. All references to the “Grantee,” when exercising any right or obligation herein, includes the Grantee’s officers, employees and agents. 5 11. Replacement bridge. Grantee agrees, at its sole expense, to replace the existing bridge now on the property with a bridge a minimum of 10 feet in width with a load capacity of a minimum of 20,000 pounds. Replacement shall be completed within one month of the removal of the existing bridge. Following the Grantee’s completion of said initial replacement bridge, Grantor shall be solely responsible for any subsequent expansion, replacement, or relocation thereof, all of which shall be subject to the Grantee’s approval, as provided herein. 12. Stream channel. The existing channel has not been identified as a “natural stream” and does not require buffers under any current County or State code or ordinance. The Grantee shall not construct any improvements that change the channel’s designation to a “natural stream,” as that term is defined in the current Albemarle County Water Protection Ordinance, or that per se require a stream buffer under any current County or State code or ordinance. Both parties expressly acknowledge and agree that changes to applicable law may affect the future application of any buffer requirement to the subject property. Nothing herein shall affect the continued application of the Albemarle County Water Protection Ordinance and other applicable law to the subject property. Nothing herein shall affect the right of the Grantor to just compensation in the event of a regulatory taking, if required by law. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive’s signature hereto and the recordation of this Deed. [SIGNATURES ARE ON THE FOLLOWING PAGE(S)] 6 WITNESS the following signatures. GRANTOR: 1100 CROZET AVENUE, LLC By _________________________________ Gwendolyn H. Smith, Member COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________________: The foregoing instrument was acknowledged before me this ____ day of ___________, 201_ by Gwendolyn H. Smith, Member, on behalf of 1100 Crozet Avenue, LLC, Grantor. ______________________________ Notary Public My Commission Expires: _____________________ Registration number: ________________________ GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By ________________________________ Robert W. Tucker, Jr., County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this ____ day of _____________________, 201_ by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, Grantee. _____________________________ Notary Public My Commission Expires: _____________________ Registration number: ________________________ Approved as to form: ___________________________ County Attorney 1 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 056A2-01-00-007A0 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk’s fees under Virginia Code § 17.1-266. DEED OF EASEMENT THIS DEED OF EASEMENT is made this ___ day of __________, 2010 by and between GWENDOLYN H. SMITH, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the “Property”) located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as “New Permanent Drainage Easement Hereby Dedicated to Public Use”, shown on the plat of Lincoln Surveying, dated August 26, 2009 and last revised April 8, 2010, entitled “Plat Showing Two New Permanent Drainage Easements Across Tax Map 56A2 Parcel 1-7A Located on Crozet Avenue, White Hall District, Albemarle County, Virginia”, a copy of which is attached hereto to be recorded with this deed (hereinafter, the “Easement” and the “Plat”). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Lot No. 1, on a plat by Hugh F. Simms dated August 1955 and recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 321, Page 363, also being the same property conveyed to the Grantor herein by deed of National Residential Nominee Services, Inc., recorded in said Clerk’s Office in Deed Book 2995, Page 190; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within 2 the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the “Improvements,” whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as “inspecting, maintaining and operating” or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the property, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. All Improvements within 30 feet of Crozet Avenue shall be underground. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubber y, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, 3 at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, except as otherwise provided herein, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof and any Grantor-installed improvements to their original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this paragraph if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in paragraph 6 except as expressly provided in this paragraph. The Grantee will use its best efforts to minimize all disruptions to Grantor's business. Grantee agrees to exercise its rights under this easement in a manner which does not adversely impact the buildings and improvements situated on the Property, or the vehicular and pedestrian access of Grantor, its employees and customers to the Property. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcovers, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. Included within this right is the right of the Grantor to perform sidewalk and driveway improvements not inconsistent with the drainage Improvements, either at its own option or because of County requirements. The right to maintain the Easement premises does not include the right to maintain the Improvements. 4 7. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire on the earlier of (i) completion of construction; (ii) abandonment of the easement by Grantee; or (iii) if construction does not commence by December 31, 2012. If construction has commenced by December 31, 2012, construction shall be completed by December 31, 2013. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Except as otherwise provided herein, neither the Grantor nor any person acting under the Grantor’s express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement. Except as otherwise provided herein, such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. The Grantor has the express consent of the Grantee to construct and maintain a bridge within the Easement. Grantor retains the right to build an appropriate roadway or bridge across the Easement as to facilitate future use and development of any and all of the developable property; provided, however, that the location and design of any such roadway or bridge shall be subject to the Grantee’s approval and shall not interfere with the proper operation and maintenance of Grantee’s Improvements within the Easement. Grantee shall not unreasonably withhold such approval. 9. Grantee’s right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the “Grantor” and the “Grantee” include their respective successors and assigns. All references to the “Grantee,” when exercising any right or obligation herein, includes the Grantee’s officers, employees and agents. 11. Replacement bridge. Grantee agrees, at its sole expense, to replace the existing bridge now on the property with a bridge a minimum of 6 feet in width with a load capacity of a minimum of 4,000 pounds. Replacement shall be completed within one month of the removal of the existing bridge. Following the Grantee’s completion of said initial 5 replacement bridge, Grantor shall be solely responsible for any subsequent expansion, replacement, or relocation thereof, all of which shall be subject to the Grantee’s approval, as provided herein. 12. Stream channel. The existing channel has not been identified as a “natural stream” and does not require buffers under any current County or State code or ordinance. The Grantee shall not construct any improvements that change the channel’s designation to a “natural stream,” as that term is defined in the current Albemarle County Water Protection Ordinance, or that per se require a stream buffer under any current County or State code or ordinance. Both parties expressly acknowledge and agree that changes to applicable law may affect the future application of any buffer requirement to the subject property. Nothing herein shall affect the continued application of the Albemarle County Water Protection Ordinance and other applicable law to the subject property. Nothing herein shall affect the right of the Grantor to just compensation in the event of a regulatory taking, if required by law. 13. Consent of trustee and beneficiary to subordinate lien. By deed of trust dated June 6, 2005 and recorded June 8, 2005 in the Office of the Clerk of the Albemarle County Circuit Court in Deed Book 2995, page 194, the Grantor herein conveyed the subject Property to R. Brian Ball Trustee, to secure outstanding obligations owed to National City Mortgage, a division of National City Bank of Indiana, Beneficiary. Pursuant to the authorization of the Beneficiary, as evidenced by its signature hereto, the Trustee joins in this deed to subordinate the lien of such deed of trust to the easement conveyed hereby. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive’s signature hereto and the recordation of this Deed. [SIGNATURES ARE ON THE FOLLOWING PAGE(S)] 6 WITNESS the following signatures. GRANTOR: GWENDOLYN H. SMITH _________________________________ Gwendolyn H. Smith COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________________: The foregoing instrument was acknowledged before me this ____ day of ___________, 201_ by Gwendolyn H. Smith, Grantor. ______________________________ Notary Public My Commission Expires: _____________________ Registration number: ________________________ BENEFICIARY: NATIONAL CITY MORTGAGE. By:________________________________ ______________, _______________ COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________________: The foregoing instrument was acknowledged before me this day of _____________________, 201__ by _______________, _______________, on behalf of National City Mortgage, Beneficiary. ______________________________ Notary Public My Commission Expires: ____________________ Registration No. ____________________________ 7 TRUSTEE: R. BRIAN BALL, TRUSTEE ________________________________ COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _________________________: The foregoing instrument was acknowledged before me this ____ day of _____________________, 201__ by R. Brian Ball, Trustee. ______________________________ Notary Public My Commission Expires: ____________________ Registration No. ____________________________ GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: ________________________________ Robert W. Tucker, Jr., County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this ____ day of _____________________, 201_ by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, Grantee. _____________________________ Notary Public My Commission Expires: _____________________ Registration number: ________________________ Approved as to form: ___________________________ County Attorney 1 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number 05600-00-00-01100 This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3) and 58.1-811(C)(4). DEED OF EASEMENT THIS DEED OF EASEMENT, is made and entered into on this ________ day of ____________________, 201_____, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantor, hereinafter referred to as the “County,” and 1100 CROZET AVENUE, LLC, a Virginia limited liability company, Grantee, whose address is 1514 Ballard Drive, Crozet, Virginia, 22932, hereinafter referred to as the “Grantee.” WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the County does hereby GRANT and CONVEY with SPECIAL WARRANTY to the Grantee, subject to the terms and conditions set forth herein, a sewer line lateral easement and right-of-way (hereinafter, the “Easement”) to construct, install, maintain, repair, replace and extend a sewer line lateral consisting of pipes and appurtenances thereto, over, under and across the real property of the County known as Parcel 05600-00-00-01100 in Albemarle County, Virginia, and more particularly described as follows: A sewer line lateral easement across Parcel 05600-00-00-01100, located off of Crozet Avenue in Albemarle County, Virginia, as shown on the Preliminary Site Plan prepared by TCS Engineering Co., L.L.C., entitled “Preliminary Site Plan, Crozet Animal Wellness, SP-2008-009, Whitehall District, Crozet, County of Albemarle, Virginia”, dated May 17, 2010, (the “Plat”), as “Prop. 30’ San Swr. Easmt dedicated to RWSA by Albemarle County (+/- 300 s.f.).” Reference is made to the Plat, a copy of which is attached hereto to be recorded herewith, for the exact location and dimensions of the sewer line lateral easement hereby granted and the property over which the Easement crosses. This Easement shall be subject to the following: 1. Location of Improvements. The Grantee shall construct, install, maintain, repair, replace and extend improvements (hereinafter, the “Improvements”) only within the Easement. The Improvements shall be underground. 2 2. Right to Enter; Ingress and Egress. The Grantee shall have the right to enter upon the Easement for the purpose of installing, constructing, maintaining, repairing, replacin g and extending the Improvements within the Easement. The Grantee also shall have the right of ingress and egress thereto as reasonably necessary to construct, install, maintain, repair, replace and extend the Improvements. 3. Excavation and Restoration. Whenever it is necessary to excavate earth within the Easement, the Grantee shall backfill the excavation in a timely, proper and workmanlike manner so as to restore the surface conditions to the same condition as they were prior to excavation, including the restoration of all paved surfaces that were damaged or disturbed as part of the excavation. This restoration shall include the backfilling of trenches, the reseeding or resodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. 4. Ownership of Improvements. The Improvements shall be the property of the Grantee. 5. Maintenance and Remediation. The Grantee, its successors and/or assigns shall perform any work necessary to keep any Improvements in good working order as appropriate. The Grantee shall remediate any damage caused by the operation or failure of Grantee’s Improvements (including, but not limited to, any discharge of sewage or other waste). Following any such damage, the Grantee shall restore Grantor’s property to its prior condition. 6. Grantor’s Right to Repair. In the event the Grantee, its successors and/or assigns fail to maintain any Improvements in good working condition acceptable to the Grantor, the Grantor may take whatever steps necessary to correct any deficiencies and to charge the costs of such repairs to the Grantee, its successors and/or assigns. It is expressly understood and agreed that the Grantor is under no obligation to routinely maintain or repair said Improvements, and in no event shall this Agreement be constructed to impose any such obligation on the Grantor. 7. Indemnification and Hold Harmless. The Grantee shall at all times indemnify and save harmless the County, its employees, agents, officers, assigns, and successors in interest from any claim whatsoever arising from Grantee’s exercise of rights or privileges stated herein. 8. Covenants Running with the Land. The terms and conditions set forth herein shall be covenants running with the land. 9. Temporary construction easement. The Grantee shall have a temporary construction easement on the lot on which the Easement is located in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire on the earlier of (i) completion of construction; (ii) abandonment of the easement by Grantee; or (iii) if 3 construction does not commence by December 31, 2012. If construction has commenced by December 31, 2012, construction shall be completed by December 31, 2013. The County, acting by and through its County Executive, duly authorized by action of the Albemarle County Board of Supervisors on October 6, 2010, does hereby convey the interest in real estate made by this deed. By its acceptance and recordation of this Deed of Easement, the Grantee acknowledges that it, its successors and assigns, shall be bound by the terms herein. 4 WITNESS the following signatures. GRANTOR: COUNTY OF ALBEMARLE, VIRGINIA By: _______________________________________ Robert W. Tucker, Jr., County Executive STATE OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me, a Notary Public in and for the aforesaid City and State by Robert W. Tucker, Jr., County Executive, on behalf of the County of Albemarle, Virginia, on this _______ day of ____________________, 2010. My commission expires: ___________________ Reg. No.:______________________ _____________________________________ Notary Public GRANTEE: 1100 CROZET AVENUE, LLC By: _______________________________________ Gwendolyn H. Smith, Member STATE OF VIRGINIA CITY/COUNTY OF ____________________: The foregoing instrument was acknowledged before me, a Notary Public in and for the aforesaid Locality and State by Gwendolyn H. Smith, Member, on behalf of 1100 Crozet Avenue, LLC, on this _______ day of ____________________, 2010. My commission expires: ___________________ Reg. No.:______________________ _________________________________________ Notary Public Approved as to form: _______________________________ County Attorney LegendProposed Drainage Easement (County)05010025FeetProposed Sewer Lateral Easement (Smith)056A2-01-00-00700 (SMITH)056A2-01-00-007A0(SMITH)05600-00-00-01100(COUNTY)Crozet AvenueProposed Sewer LateralRWSA Sanitary SewerParcel BoundaryAttachment E JAUNT in Albemarle County FY10 Number of Trips FY08 FY09 FY10 Public Demand-Response Medical 19,780 23,782 28,055 Work 16,196 16,061 14,379 Adult Day Care 2,033 1,285 569 Miscellaneous 25,353 26,670 28,698 Public Routes Scottsville 6,012 6,443 6,964 Crozet 4,573 4,087 5,190 Misc. Routes 3,832 4,907 4,393 JABA Routes 3,149 4,089 3,379 Total Public Service 80,928 87,324 91,627 Human Service Agency 12,252 14,885 10,096 GRAND TOTAL 93,180 102,209 101,723 Children 3% Adults 52% Seniors 45% People with Disabilities (all ages) 82% Highlights of the Year in Albemarle County Public ridership in the County increased 5% after three years of 8 to 10% increases. The slowdown in growth can be partially attributed to the snowy winter. Medical transportation led the growth in demand-response service with an 18% increase. Ridership on the Scottsville route increased by 27% and continues to grow in FY11. In our annual passenger survey, 96% of Albemarle riders said that they receive prompt, courteous service, 97% feel the service is reasonably priced, and 98% would recommend JAUNT to a friend. Annual Report FY09-10 from the executive Director Our dedicated staff continued to serve our passengers during a year of challenges from the economy and the weather. Despite this, we provided more trips than ever before (over 300,000) and began some new grant-funded programs and service expansions. And even though three major snowstorms delayed our services, we managed to improve our on-time performance to the highest rates ever, while reducing the number of trip requests that we couldn’t meet. As one member of a Board of Supervisors said, “JAUNT is the most visible service we provide to our constituents.” He went on to cite what a great value JAUNT service is. In these belt- tightening days, we’ve been able to add new services without any increase in non-driving staff and reduce our vehicle maintenance expenses while coping with an aging fleet. The needs of our passengers come first and they continue to express their appreciation for our services on a daily basis. JAUNT could not have achieved so much without the support of our local governments, our riders, and the agencies we coordinate with. Our state and federal partners are also integral to our success. We are truly grateful for the support we’ve received that has allowed us to continue to serve our passengers and expand transportation services in this very tough economic climate. If you haven’t already experienced the wonders of JAUNT, please come ride with us! Donna Shaunesey JAuNt’s visioN Central Virginians get where they need to go safely, efficiently and affordably while respecting the environment. JAuNt’s missioN JAUNT safely, courteously and promptly provides public and specialized services to meet community mobility needs. BoArD of Directors fY09-10 Juandiego Wade, President, Albemarle Katherine Pickett, Vice President, Charlottesville Robert Burke, Secretary, Albemarle Bill Watterson, Treasurer, Charlottesville Clifford Buys, Albemarle Karl Carter, Buckingham Ray East, Albemarle David Feisner, Fluvanna Willie Gentry, Louisa Ray Heron, Charlottesville Janice Jackson, Nelson Philip Jones, Charlottesville Catherine Palmer, Fluvanna P.T. Spencer, Louisa Our nonprofit, JAUNT Friends, distributed over 200 tickets to people in need! JAuNt iN Brief JAUNT, Inc. is a regional transportation system providing service to Charlottesville, Albemarle, Louisa, Nelson, Fluvanna and Buckingham. The 64 vehicle fleet carries the general public, agency clients, senior citizens and people with disabilities throughout Central Virginia; most of the fleet is lift-equipped. Organized in 1975, JAUNT maintains an exemplary record of safety, cost efficiency, and high quality service, and is recognized both statewide and nationally for its performance record. In FY10 we provided over 300,000 trips to work, agency programs, doctors’ offices, and retail businesses. JAUNT is owned by the local governments that it serves and uses federal, state, and local funding to supplement fares and agency payments. Charlottesville Albemarle Nelson Buckingham Fluvanna Louisa highlights Charlottesville Ridership increased 9% thanks to more people using JAUNT for medical appointments, as well as human service agencies providing expanded services to people in need. A new route began providing commuter service for Wintergreen employees. Albemarle The Scottsville and Crozet routes grew significantly, as did demand- response service for medical appointments, resulting in a 5% increase in public ridership. Nelson The new, expanded service for Nelson seniors was so well-accepted that the county agreed to fund it for FY11. A new commuter route linking Charlottesville and Wintergreen made its debut; it also provides another way for Nelson citizens to travel to Charlottesville. Fluvanna Although ridership on some routes fell in the wake of service cutbacks and fare increases, the Fluvanna Express saw an increase of 124% and we were delighted to receive funding to continue this valuable afterschool transportation option. Despite losing a day of service, ridership on the Midday service actually increased. Louisa Commuter route ridership rose 15% and the Wellness Wheels service began – a service designed to provide affordable transportation to medical appointments and pharmacies. Buckingham Ridership rose 7%, led by the second commuter route’s 30% increase. Buckingham residents also benefitted from the grant-funded Health Connector service. 300,000 trips – highest ever! When passengers were asked Would you recommend JAUNT to a friend? 97% gave a resounding YES! totAl ANNuAl riDership fY09-10 riDership ExpENsEs Administration $969,784 operations $3,830,762 special projects $132,526 vehicle replacement fund $26,023 TOTAL $4,959,095 REvENUE local $1,972,205 state $576,330 federal $1,565,489 Agency $435,972 fares $409,099 TOTAL $4,959,095 Operations 77% special projects 3% vehicle Replacement Fund 1% Administration 19% Agency 9% Fares 8% state 12% Federal 31% Local 40% 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 1975 1980 1985 1990 1995 2000 2005 2010 “this service JAuNt represents is the best thing we’ve encountered since coming to c’ville 12 years ago.” Mr. & Mrs. Cauley, from 2009 passenger survey operAtiNg BuDget summArY (unaudited figures)TRip CATEgORiEs medical 84,080 elderly and Disabled 96,110 children & Youth 7,577 senior meal programs 17,916 rural routes 84,377 other 14,564 TOTAL 304,624 pAssENgER ORigiN charlottesville 123,547 Albemarle 101,723 Nelson 14,037 fluvanna 20,025 louisa 30,822 Buckingham 11,503 other 2,967 TOTAL 304,624 0 50000 100000 150000 200000 250000 300000 350000 0 50000 100000 150000 200000 250000 300000 350000 JAUNT, Inc. 104 Keystone Place Charlottesville, VA 22902 (434) 296-3184 (800) 36-JAUNT www.ridejaunt.org Email: info@ridejaunt.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Tethering Ordinance Proposal SUBJECT/PROPOSAL/REQUEST: Discuss whether Albemarle County should consider adopting a tethering ordinance. STAFF CONTACT(S): Messrs. Tucker, Elliot, Davis, Parrent, and Jenkins; and Ms. Lyttle. LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On July 8, 2009 the Board adopted a comprehensive amendment to Chapter 4, Animals and Fowl, of the Albemarle County Code to bring the County’s animal laws into conformance with State law. The comprehensive amendment included the adoption of animal welfare laws as well as an am endment to the County’s running at large restrictions. Dogs are permitted to run at large on properties zoned as rural areas unless an area is specifically restricted by designation in the ordinance. Board members have recently received requests and petitions from the public to consider adopting an ordinance to regulate the number of hours a dog may be tethered. Currently, the Albemarle County Code does not have a specific ordinance to prohibit or limit the tethering of dogs or other companion animals; however, does regulate the welfare and care of animals by defining adequate shelter and space for animals and basic tethering regulations intended to protect animals from injury. The Board has never previously considered adopting a specific tethering ordinance, and thus directed staff to review this matter and research tethering ordinances in other localities. DISCUSSION: Tethering in Virginia The Virginia Code does not specifically authorize localities to ban tethering. Rather, Virginia Code § 3.2-6543 (A) authorizes localities to adopt certain animal ordinances which are parallel to or more stringent than the Virginia Code. Tethering and certain conditions of a tether are set forth in the Virginia Code definition of “adequate space”, which is the same definition used in Chapter 4, Animals and Fowl, Section 4-100 Definitions of the County Code (See Attachment A). The “adequate space” definition sets forth the minimum length of a tether, requires such tether to be attached to a proper collar, halter or harness and requires that the animal be protected from injury or becoming entangled. Section 4-105(A) of the County Code requires all companion animal owners to provide such “adequate space.” Initial violations of Section 4-105 are a Class 4 misdemeanor, with subsequent violations being a Class 2 or Class 3 misdemeanor, as set forth in section 4-105(B) of the County Code. Approximately 10 localities (8 Cities, 2 Counties) in Virginia have adopted ordinances to restrict the number of hours an animal may be tethered. Those localities are the City of Alexandria, City of Charlottesville, City of Danville, City of Martinsville, City of Norfolk, City of Richmond, City of Staunton, City of Virginia Beach, Fauquier County, and Northhampton County. (See Attachment B) The time limitation for tethering varies among the localities, from 1 hour in a 24 hour period up to 12 hours in a 24 hour period. The City of Charlottesville restricts tethering to no more than 10 hours in a 24 hour period. Both the City of Martinsville and Danville restrict tethering to no more than 4 hours in a 24 hour period, and have additional restrictions based on weather. The City of Staunton has taken a different approach and only prohibits tethering between the hours of 10 p.m. and 6 a.m. Only 2 of the localities adopted a stand-alone tethering ordinance. Most of the localities incorporate the tethering restrictions in their ordinances defining or addressing adequate shelter. The City of Richmond was the only locality to incorporate the tethering restriction in its animal cruelty ordinance. Albemarle County Since this matter was first brought to the Board’s attention in June of this year, approximately 50 Albemarle County citizens have submitted to the Board of Supervisor’s office a petition in support of Albemarle County adopting a tethering ordinance. The Albemarle County Animal Control Officers (ACO) assessed the number of complaints received regarding tethering concerns by reviewing their call logs for the years of 2008-2010. During that two year AGENDA TITLE: Tethering Ordinance Proposal October 6, 2010 Page 2 period, ACOs received approximately 101 calls regarding animal welfare concerns and 6 calls specific to tethering concerns. Of the 6 calls specific to tethering concerns, ACOs found the tether to not be in compliance with the County Code in all 6 cases. No charges were placed, as the ACO’s first approach to such violations is to educate the animal owner, and provide a “Notice to Comply”, which provides an opportunity for the violation(s) to be corrected. All noted violations were corrected by the animal owner once the ACO explained the concern and violation(s). During animal welfare checks, the ACOs often find the dog to be in a pen, not tethered, and generally there are no violations of the County Code, but the ACOs do spend time educating the animal owner on the welfare concerns reported. Based on the number of complaints received from 2008-2010, the ACOs have not found tethering to be a significant animal safety issue in Albemarle County. Staff is concerned that a tethering ordinance would be difficult to enforce, and would not address the welfare concerns reported by citizens. Additionally, there is concern that a tethering ordinance would not be compatible with the County’s running at large ordinance, which permits dogs to run at large in the rural areas unless specifically prohibited by designation in the ordinance. An ordinance that restricts the number of hours a dog may be tethered could discourage dog owners from tethering their dog and increase the likelihood that such dog be allowed to run loose. Lastly, dogs which are generally properly cared for while being tethered during the day would become subject to such tethering ordinance restrictions, despite the lack of specific animal welfare concerns. This could cause an increase in reported animal welfare calls for ACOs related to tethering, in turn increasing the number of animal welfare inspections for dogs and dog owners which are otherwise in compliance with the County’s animal laws and for dogs that are otherwise being cared for properly. Rather than adopt an ordinance which would limit the amount of time a dog can be tethered outside, the ACOs believe amendments to the definition of “adequate shelter”, “adequate space” and “treatment/adequate treatment” would more appropriately address the concerns reported to and seen by the ACOs. For example, an amendment to the adequate shelter definition to provide examples of the types of structures not deemed adequate would address reported animal shelter concerns, and an amendment to the “adequate space” definition to further define the length and weight of a tether and/or a running line, and prohibiting dogs six (6) months of age or younger and female dogs in heat from being tethered, would provide more clarity to citizens as to what is appropriate for dogs. While the ACOs can adequately handle the reported welfare concerns under the existing County animal laws, amendments to these definitions would provide the ACOs additional tools when responding to animal welfare calls and greater clarity to animal owners and concerned citizens. Based on feedback received from the Charlottesville-Albemarle SPCA (CASPCA) Executive Director, the CASPCA takes the position that tethering for twenty-four hours a day, seven days a week is not appropriate, but has not specifically commented on a tethering ordinance. The CASPCA also recognizes that any tethering ordinance considered by the County should be balanced with and looked at congruently with other County animal laws. The CASPCA was part of a staff-citizen committee when the City of Charlottesville considered adopting a tethering ordinance, and such committee drafted the proposed City ordinance, which was adopted by City Council in 2006. The CASPCA advocates this same committee process be used in the County should the Board decide to consider adopting a tethering ordinance. BUDGET IMPACT: The Police Department is concerned that the adoption of a tethering ordinance could lead to a significant increase in the number of calls for service in a couple of areas. One area would be where ACOs are requested to check on the compliance of pet owners with this new ordinance. This could be very time consuming if an ordinance is adopted where a specific time limit is placed on tethering. Another area indirectly related to the enactment of such an ordinance could be the increase of complaints of dogs running at large. The Police Department fears that having a tethering ordinance without a running at large ordinance applicable to the entire County, could lead to instances where dog owners allow dogs to run loose rather than deal with the new restrictions on tethering. This will increase the population of the dogs running at large and ACO’s and the community could be dealing with dogs that have been tethered for years that are now at large and potentially dangerous or vicious. The Police Department currently has four ACOs that are responsible for a very heavy call volume. Any significant increase to their calls for service would require another ACO to be hired at the following costs: Total salary and benefits for ACO ($43,246.57) + Operating and Capital Costs ($47,600) + Overtime ($3,000) = $93,846.57 AGENDA TITLE: Tethering Ordinance Proposal October 6, 2010 Page 3 In addition, there is currently only one ACO on duty in the evenings and none on the weekends. A tethering ordinance could increase the call volume on the weekends to necessitate either moving one of the current daylight officers to weekend coverage or use a new officer to handle weekends and assist on evenings. Moving an ACO off of the regular Monday-Friday daylight coverage would create a significant delay in answering calls for service and conducting follow-up investigations. RECOMMENDATIONS: Staff does not recommend a tethering ordinance at this time because historical ACO data does not indicate tethering to be a significant animal safety issue in the County, it would subject otherwise responsible dog owners and properly cared for dogs to an additional restriction, enforcement would be difficult, and such an ordinance may not be compatible with the County’s running at large ordinance. Staff does recommend that the Board consider amending the definitions of “adequate shelter”, “adequate space”, and “treatment/adequate treatment” of Chapter 4, Animals and Fowl, to better clarify and define suitable space and treatment. (See Attachment C) If the Board desires to pursue adopting a tethering ordinance, staff recommends a staff-citizen committee be formed to develop a consensus approach. ATTACHMENTS A – Albemarle County Code excerpts from Chapter 4 B – Tethering Ordinances in Virginia C – Preliminary Recommendation of ACOs for Ordinance Amendment Return to regular agenda Attachment A Albemarle County Code excerpts Chapter 4, Animals and Fowl Section 4-100. Definitions (6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Section 4-105. Care of companion animals; penalty. A. Each owner shall provide the following for his companion animal: 1. Adequate feed; 2. Adequate water; 3. Adequate shelter that is properly cleaned; 4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; 5. Adequate exercise; 6. Adequate care, treatment, and transportation; and 7. Veterinary care when needed or to prevent suffering or disease transmission. The provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized. B. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A1, A2, A3, or A7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A4, A5, or A6 is a Class 3 misdemeanor. Go to next attachment Return to exec summary 1 Attachment B Tethering Ordinances in Virginia City of Alexandria Section. 5-7-36.1 Provision of adequate shelter and space, tethering of dogs. (a) It shall be unlawful for any person to fail to provide any dog with adequate space or adequate shelter. As used in this section, the terms "adequate space" and "adequate shelter" have the meanings ascribed to them by city code section 5-7-31 (definitions), subsections (n) and (o), respectively. (b) Except when a dog's owner, guardian or custodian is physically within reach of the dog, it shall be unlawful for any person to tether a dog to a chain, rope or line of any kind that is too short to enable the dog easily to stand, sit, lie down, turn about, and make all other normal body movements in a comfortable, normal position for the animal, and reach shade as necessary, for more than three hours cumulatively within any 24-hour period, whether or not the tethered dog has been provided adequate space. (c) Notwithstanding any other part of this section, a dog may be attached to a running cable line or trolley system that allows it to reach shelter and water as necessary, except that no dog may be confined to such a running cable line or trolley system for more than 12 hours cumulatively, within any 24 -hour period. A running cable line or trolley system is defined as one that is at least 20 feet in length and is mounted at least four feet, but no more than seven feet, above the ground. Under no circumstances shall a dog be attached to a running cable line or trolley system unless the tether attaching it to the running cable line or trolley system is at least 10 feet in length or three times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is longer. (d) Penalties. (1) A person shall be assessed a civil penalty of $50 for violating any provision of subsections (a), (b) or (c) of this section. (2) A person shall be assessed a civil penalty of $100 for each subsequent violation of any provision of subsections (a), (b) or (c) of this section. (3) If an animal control officer or law enforcement officer determines that a civil penalty violation of this article has occurred, he shall issue and serve, or cause to be served, a notice of violation on any and all persons committing the violation. The notice shall provide that the person served may elect to make an appearance, either in person or in writing by mail, before the treasurer of the city, and admit liability for, or plead no contest to, the violation and pay the civil penalty established for the violation, all within the time period set forth in the notice. If a person so notified does not elect to admit liability or to plead no contest, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided in civil actions at law. A finding or admission of liability or a plea of no contest shall not be deemed a criminal conviction for any purpose. (Ord. No. 4662, 6/12/10, Sec. 1) City of Charlottesville Section. 4-42. Limitation on tethering, tying or chaining dogs. (a) It shall be unlawful for any owner to tie, chain or tether a dog to any fixed or stationary object, or any other object designed to confine and limit the movement of the dog, for a period in excess of ten (10) cumulative hours during any twenty-four-hour period. (b) Any person who violates this section shall be guilty of a Class 4 misdemeanor; provided that, upon a third conviction within one (1) year of any offense under this section, whether or not involving the same dog, the defendant shall be deemed guilty of a Class 3 misdemeanor. (11-20-06(2); Ord. of 3-5-07) City of Danville Section 5-24. Unlawful tethering of any animal on unoccupied or abandoned property. It shall be unlawful for any owner, as defined in section 5-2 of this chapter, at any time, to chain, stake out, restrain or anchor any animal by means of a tether, chain, cable, rope, or cord on any unoccupied or abandoned property within the City. 2 For the purposes of this section, abandoned property within the City shall mean any property within the City over which the owner has relinquished dominion, control and/or occupancy with no intention of recovering it in the immediate future, whether or not the property has on it any house, building or structure. Any violation of this provision shall constitute a Class 4 misdemeanor, as referenced in section 5-1 of this chapter. (Ord. No. 2009-8.10, 8-18-09) Section 5-25. Adequate space for animals; time restriction on tethering companion animals. (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a companion animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the companion animal. The tether must be attached to the companion animal by a properly applied collar, halter, or harness configured so as to protect the companion animal from injury and prevent the companion animal or the tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the companion animal. Furthermore, the tether must be at least three (3) times the length of the companion animal, as measured from the tip of its nose to the base of its tail, except when the companion animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the companion animal, temporarily and appropriately restricting movement of the companion animal according to professionally accepted standards is considered to be provision of adequate space. (c) It shall be unlawful for any person to tether a companion animal: 1. When the outside temperature is equal to or less than thirty-two (32) degrees Fahrenheit; 2. In a manner as to cause injury, strangulation or entanglement of the dog on fences, trees, or other manmade or natural obstacles; 3. To a fixed-point; 4. That is under four (4) months of age; 5. That is sick or injured; or 6. For more than four (4) hours, in any twenty-four-hour period. (d) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. City of Martinsville Sec. 5-39. Adequate space for animals; time restriction on tethering companion animals. (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a companion animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the companion animal. The tether must be attached to the companion animal by a properly applied collar, halter, or harness configured so as to protect the companion animal from injury and prevent the companion animal or the tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the companion animal. Furthermore, the tether must be at least three (3) times the length of the companion animal, as measured from the tip of its nose to the base of its tail, except when the companion animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the companion animal, temporarily and appropriately restricting movement of the companion animal according to professionally accepted standards is considered to be provision of adequate space. (c) It shall be unlawful for any person to tether a companion animal: 1. When the outside temperature is equal to or less than 32 degrees Fahrenheit or greater than 85 degrees Fahrenheit unless shelter is provided; or 3 2. In a manner as to cause injury, strangulation or entanglement of the dog on fences, trees, or other man-made or natural obstacles; or 3. To a fixed-point; or 4. That is under 4 months of age; or 5. That is sick or injured; or 6. For more than 4 hours, in any 24 hour period. (d) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. City of Norfolk Section 6.1-2 Definitions Adequate space means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age, size, and health of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury, with enough room between the collar and the dog's throat through which two (2) fingers may fit, and prevent the animal or tether from becoming entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangulation or injury of the animal; weighs not more than one-eighth of the body weight of the animal tethered; and is at least ten (10) feet in length or three (3) times the length of the animal whichever is longer, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. Provided, however, that no animal shall be tethered for more than three (3) consecutive hours in a twenty-four-hour period. City of Richmond Sec. 10-92. Cruelty to animals. (a) For the purposes of this section, the term “animal” shall be construed to include birds and fowl. (b) A person shall be guilty of a class 1 misdemeanor if the person: (1) Overrides, overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether belonging to such person or another; (2) Deprives any animal of necessary food, drink, shelter or emergency veterinary treatment; (3) Sores any equine for any purpose or administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibition of any kind, unless such administration of drugs or medications is within the context of a veterinary client-patient relationship and solely for therapeutic purposes; (4) Willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (5) Carries or causes to be carried in or upon any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (6) Causes any of the things mentioned in subsections (b)(1) through (5) of this section or being the owner of such animal permits such acts to be done by another. (c) Any person who abandons or dumps any dog, cat or other companion animal in any public place, including the right-of-way of any public highway, road or street, or on the property of another shall be guilty of a class 3 misdemeanor. (d) It shall be unlawful for any person to fail to provide any dog with adequate space. (1) As used in this section, the term “adequate space” has the meaning ascribed to that term by Code of Virginia, § 3.1-796.66. (2) It shall be unlawful for any person to tether a dog for more than one hour cumulatively within any twenty- four hour period, whether or not the tethered dog has been provided adequate space. (3) Each violation of either subdivision (1) or subdivision (2) of this subsection constitutes a separate violation of this subsection. The first violation of this subsection shall be punished as a Class 3 misdemeanor. However, a second violation of this subsection, whether or not involving the same dog, within one year after conviction 4 of the first violation shall be punished as a Class 2 misdemeanor. The third and each subsequent violation of this subsection, whether or not involving the same dog, within one year after conviction of the first violation shall be punished as a Class 1 misdemeanor. (e) Nothing in this section shall be construed to prohibit the dehorning of cattle. (f) This section shall not prohibit authorized wildlife management activities or hunting, fishing or trapping as regulated under other titles of the Code of Virginia, including but not limited to Code of Virginia, tit. 29.1, or to farming activities as provided under Code of Virginia, tit. 3.1 or regulations promulgated thereto. (g) In addition to the penalties provided in subsection (b) or subsection (d) of this section, the court may, in its discretion, require any person convicted of a violation of subsection (b) or subsection (d) of this section to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted. (h) It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection shall constitute a class 1 misdemeanor. A second or subsequent violation of this subsection shall constitute a class 6 felony. (Code 1993, § 4-38; Ord. No. 2007-261-236, § 1, 10-22-2007) City of Staunton Section 6.05.090 Tethering Animals (1) It shall be unlawful for any person to tether any animal less than four months of age within the city of Staunton. Animals over four months of age are prohibited from being tethered between the hours of 10:00 p.m. through 6:00 a.m. local time. (2) Whenever the police department or animal control officer receives a complaint as to a violation of this section, and the complaint is found to be warranted, the police department or animal control officer shall notify the person in writing to abate such violation within 30 days. If, after such written notice, the person fails to correct the violation, the police department or animal control officer shall take the necessary legal action to abate the violation by having the animal impounded or the person charged with a violation of this section, or both. (3) The first violation of this section shall constitute a Class 4 misdemeanor. A subsequent violation shall constitute a Class 3 misdemeanor. (Ord. 2010-14) City of Virginia Beach Sec. 5-501. Adequate space for animals; time restriction on tethering dogs. (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a dog is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the dog. The tether must be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or the tether from becoming entangled with other objects or dogs, or from extending over an object or edge that could result in the strangulation or injury of the dog. Furthermore, the tether must be at least three (3) times the length of the dog, as measured from the tip of its nose to the base of its tail, except when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the dog, temporarily and appropriately restricting movement of the dog according to professionally accepted standards is considered to be provision of adequate space. (c) It shall be unlawful for any dog to be tethered for more than three (3) hours, cumulatively in any twenty- four-hour period. (Ord. No. 3072, 3-24-09) Fauquier County Section 4-25. Certain other acts declared unlawful. The following shall be deemed unlawful acts: 5 (a) Diseased dog or cat. For the owner of any dog or cat with a contagious or infectious disease to permit such dog or cat to stray from his/her premises, if such disease is known to the owner. (b) Female dog or cat in season. For the owner of any female dog of female cat to permit such dog or cat to stray from his/her premises while such dog or cat is known to such owner to be in season. (c) Concealing a dog or cat. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid, or to conceal a rabid dog or a rabid cat to keep it from being killed. (d) Removing collar and tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian. (e) Adequate shelter or space. For any person to confine any companion animal for more than twelve (12) continuous hours in any twenty-four-hour period to any area that does not meet the definitions of adequate shelter and adequate space as set forth in section 4-1. Any violation of this subsection shall be deemed a class 1 misdemeanor and shall be prosecuted in the same manner as violations of section 4-6, cruelty to animals. Any violation of subsections (a) through (d) of this section shall be punished in a manner set forth in section 4-28 of this chapter. (Ord. No. 95-30, 10-3-95; Ord. No. 08-02, 3-13-08) Northhampton County Section 95.05 Tethering of animals. (a) An animal owner in the county shall allow each animal to (i) easily stand, sit, lie, turn about and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, “adequate space” means a tether that permits the above actions and is appropriate to the age, size, and health of the animals; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least ten feet in length or three times the length of the animal, whichever is longer, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to the professionally accepted standards for the species is considered provision of adequate space. Provided, however, that no animal shall be tethered for more than 12 hours in a 24-hour period. (b) Animals involved in agricultural activities shall not be subject to this section. (c) It shall be an unlawful act if any person violates any provision of this section and it shall constitute a Class 4 misdemeanor. Go to next attachment Return to exec summary Attachment C Preliminary Recommendation of Animal Control Officers for Ordinance Amendment Section 4-100. Definitions (5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. In addition, the following are also deemed to be inadequate shelters: (i) wooden or plastic barrels, (ii) airline crates, (iii) dog houses with no floors. (6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three five times the length of the animal, as measured from the tip of its nose to the base of its tail and terminates at both ends with a swivel, and weighs no more than 1/8 of the animal’s weight, and if multiple animals, each animal shall be its own tether, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. When an animal is on a pulley or running line, “adequate space” means a pulley or running line that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar and is at least fifteen feet in length and less than seven feet above the ground and configured so as to protect the animal from injury and prevent the line from becoming entangled with other objects or animals or resulting in strangulation or injury of the animal. (38) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. When any such animal is being transported in an open-bed truck or similar vehicle, such carrier shall be secured to the vehicle so as to be immovable, and shall permit normal postural movements of the animal The following shall not be deemed “adequate treatment”: (i) tethering of a dog six months old or younger; (ii) the tying up or tethering of a female dog in heat; (iii) transporting an animal in the back of an open-bed truck or similar vehicle in an unsecured carrier and/or tethered to a collar. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: County Owned Properties Overview SUBJECT/PROPOSAL/REQUEST: Review of properties owned by the County STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, and Letteri, B. LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At the request of the Board, this item is to provide an overview of County owned properties. The attached list includes properties located in the County or the City that are titled to “County of Albemarle”, “County of Albemarle and the City of Charlottesville”, “County of Albemarle School Board”, “Albemarle-Charlottesville Regional Jail Authority”, “County of Albemarle and East Rivanna Volunteer Fire Company” and “Scottsville Volunteer Rescue Squad Inc. and The County of Albemarle”. DISCUSSION: The attached list includes the owner’s name, property name or description, tax map parcel number, acreage, Comp Plan Area designation, and assessment information for each County owned property. For convenience, the properties are grouped into four categories: Parks and Recreation (parks, reservoirs, natural areas, trails, and recreation centers), Schools (including CATEC), Government Operations (office complexes, fire stations, libraries, storm water facilities, dedicated easements/ROW’s, tower sites, courts, and jail complex), and Land Banked Properties. Staff will present an overview of the categories, with a focus on those properties that are unused or unplanned at this time. BUDGET IMPACT: No budget impact. RECOMMENDATIONS: This presentation is for information only at this time. Should the Board desire to consider the disposition or sale of any specific property, staff would recommend that such discussion be considered for a closed meeting discussion so as to not adversely affect the bargaining position or negotiating strategy of the County. ATTACHMENTS: A - County Owned Properties List Return to regular agenda Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment PARKS AND RECREATION COUNTY OF ALBEMARLE BYROM FOREST PRESERVE PARK 00600000001600 115.35 Rural Area 1 $ - $ 372,000 $ 372,000 006000000028D0 213.92 Rural Area 1 $ - $ 747,700 $ 747,700 00600000002900 285.71 Rural Area 1 $ - $ 758,800 $ 758,800 PREDDY CREEK PARK 02200000000100 452.00 Rural Area 2 $ - $ 5,277,900 $ 5,277,900 CHRIS GREEN LAKE PARK 032000000001A0 8.09 Rural Area 1 $ - $ 40,500 $ 40,500 03200000000300 56.70 Rural Area 1 $ - $ 285,000 $ 285,000 032000000003A0 79.10 Rural Area 1 $ - $ 918,400 $ 918,400 032000000004I0 94.55 Rural Area 1 $ 173,800 $ 2,209,000 $ 2,382,800 032000000004I1 0.23 Rural Area 1 $ - $ 3,000 $ 3,000 BEAVER CREEK RESERVOIR 041000000010A0 9.89 Rural Area 3 $ - $ 144,200 $ 144,200 056000000069A0 26.27 Rural Area 3 $ - $ 561,100 $ 561,100 05700000000400 182.55 Rural Area 3 $ 3,094,000 $ 3,614,400 $ 6,708,400 GREENWAY TRAIL 046000000005A0 4.50 Hollymead Community $ - $ 1,862,200 $ 1,862,200 GREENWAY TRAIL / FOREST LAKES 046B30100000A1 10.20 Hollymead Community $ - $ 25,500 $ 25,500 GREENWAY TRAIL / STILL MEADOWS 046C00000000A1 12.16 Urban Area 2 $ - $ 30,400 $ 30,400 GREENWOOD COMMUNITY CENTER 054000000052B0 18.09 Rural Area 3 $ 471,800 $ 835,500 $ 1,307,300 MINT SPRINGS PARK 05500000002800 455.46 Rural Area 3 $ 150,600 $ 6,120,900 $ 6,271,500 03900000002000 64.50 Rural Area 3 $ - $ 805,000 $ 805,000 GREENWAY SPACE / WAYLANDS GRANT 055D00000000B1 1.91 Unassigned $ - $ 1,900 $ 1,900 GREENWAY / OLD TRAIL BALLARD FIELD 055E00200000B0 2.77 Crozet Community $ - $ - $ - GREENWAY / ADJACENT CROZET PARK 05600000005500 2.19 Crozet Community $ - $ 220,800 $ 220,800 GREENWAY TRAIL 056A20100000A0 0.58 Crozet Community $ - $ 160,600 $ 160,600 FOXCHASE / PEDESTRIAN TRAIL CONNECTION TO LICKINGHOLE CREEK BASIN/PARK 056G00000000A2 0.18 Rural Area 3 $ - $ 10,600 $ 10,600 GREENWAY TRAIL / WESTHALL 056H00100000A4 7.90 Crozet Community $ - $ 19,800 $ 19,800 CHARLOTTE HUMPHRIS PARK 06100000002800 23.67 Urban Area 1 $ - $ 2,920,500 $ 2,920,500 061000000029A0 1.77 Urban Area 1 $ - $ 173,200 $ 173,200 061W20000044A0 0.30 Urban Area 1 $ - $ 22,500 $ 22,500 FUTURE MEADOW CREEK PKWY AND/OR LINEAR PARK 061A00300000B1 1.71 Urban Area 2 $ - $ 85,300 $ 85,300 VACANT PARCEL ALONG RIVANNA RIVER 062D10000001A0 2.78 Urban Area 2 $ - $ 8,300 $ 8,300 RIVANNA GREENWAY IN PANTOPS 07700000004100 22.98 Urban Area 3 $ - $ 57,400 $ 57,400 GREENWAY (adjacent Rivanna River)078000000020J1 10.87 Urban Area 3 $ - $ 27,200 $ 27,200 COUNTY OF ALBEMARLE County Owned Property Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment COUNTY OF ALBEMARLE GREENWAY (adjacent Rivanna River)078000000020M2 7.02 Urban Area 3 $ - $ 7,000 $ 7,000 WALNUT CREEK PARK 10000000003500 106.65 Rural Area 4 $ 50,700 $ 1,112,800 $ 1,163,500 10000000003700 341.92 Rural Area 4 $ 541,300 $ 3,119,100 $ 3,660,400 10000000003800 5.25 Rural Area 4 $ - $ 25,500 $ 25,500 10000000003900 64.24 Rural Area 4 $ - $ 469,700 $ 469,700 SIMPSON PARK 128000000085G0 9.17 Rural Area 4 $ - $ 138,700 $ 138,700 128000000086A0 2.25 Rural Area 4 $ 213,900 $ 112,300 $ 326,200 128000000086B0 2.25 Rural Area 4 $ - $ 53,500 $ 53,500 SCOTTSVILLE RECREATION CENTER 130A2000007600 2.05 Rural Area 4 $ 703,700 $ 245,800 $ 949,500 131000000081A0 4.85 Rural Area 4 $ - $ 328,800 $ 328,800 TOTIER CREEK RESERVOIR 13600000002900 209.55 Rural Area 4 $ 480,200 $ 3,474,900 $ 3,955,100 COUNTY OF ALBEMARLE & CITY OF CHARLOTTESVILLE CHARLOTTESVILLE RESERVOIR 04500000000600 38.00 Rural Area 1 $ - $ 1,006,800 $ 1,006,800 IVY CREEK FOUNDATION / IVY CREEK NATURAL AREA 04500000000700 46.51 Rural Area 1 $ - $ 1,325,800 $ 1,325,800 045000000007D0 13.97 Rural Area 1 $ - $ 647,100 $ 647,100 04500000000800 98.36 Rural Area 1 $ - $ 2,238,000 $ 2,238,000 04500000000900 18.32 Rural Area 1 $ 199,800 $ 676,500 $ 876,300 DARDEN TOWE MEMORIAL PARK 06200000002300 101.47 Urban Area 3 $ 634,600 $ 10,501,100 $ 11,135,700 07800000000100 12.10 Urban Area 3 $ - $ 90,800 $ 90,800 RT 250E ALONG RIVANNA RIVER 078000000058L0 3.50 Urban Area 3 $ - $ 17,500 $ 17,500 SUBTOTAL 3,256.27 $ 6,714,400 $ 53,911,300 $ 60,625,700 SCHOOLS COUNTY OF ALBEMARLE SCHOOL BOARD BROADUS WOOD ELEMENTARY 03100000000200 11.16 Rural Area 1 $ 6,588,900 $ 319,900 $ 6,908,800 031000000001A0 0.30 Rural Area 1 $ - $ 3,500 $ 3,500 AGNOR-HURT ELEMENTARY 045000000095A0 19.54 Urban Area 1 $ 8,524,800 $ 4,786,300 $ 13,311,100 WOODBROOK ELEMENTARY 045C0020000500 12.34 Urban Area 2 $ 6,581,200 $ 2,221,200 $ 8,802,400 BAKER-BUTLER ELEMENTARY 04600000003000 52.56 Hollymead Community $ 13,923,800 $ 3,063,200 $ 16,987,000 032D0000000100 3.90 Hollymead Community $ - $ 70,300 $ 70,300 HOLLYMEAD ELEMENTARY/SUTHERLAND MIDDLE 046B1010000100 41.07 Hollymead Community $ 16,706,000 $ 9,240,800 $ 25,946,800 STONY POINT ELEMENTARY 04800000001700 11.04 Rural Area 2 $ 3,069,200 $ 296,100 $ 3,365,300 HENLEY MIDDLE & BROWNSVILLE ELEMENTARY 056000000017A0 50.00 Crozet Community $ 14,255,000 $ 3,950,000 $ 18,205,000 WESTERN ALBEMARLE HIGH 056000000017C0 75.00 Rural Area 3 $ 28,837,700 $ 4,375,000 $ 33,212,700 CROZET ELEMENTARY 056000000064E0 21.16 Crozet Community $ 9,244,700 $ 2,116,000 $ 11,360,700 MURRAY ELEMENTARY SCHOOL 058000000037A0 20.48 Rural Area 3 $ 5,052,300 $ 930,900 $ 5,983,200 Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment COUNTY OF ALBEMARLE SCHOOL BOARD MERIWETHER LEWIS ELEMENTARY 05800000006900 8.94 Rural Area 3 $ 6,534,000 $ 875,900 $ 7,409,900 058000000069A0 1.47 Rural Area 3 $ - $ 176,000 $ 176,000 058000000069B0 3.65 Rural Area 3 $ - $ 249,600 $ 249,600 058000000069G0 1.62 Rural Area 3 $ - $ 162,000 $ 162,000 058000000069H0 1.93 Rural Area 3 $ - $ 106,000 $ 106,000 ALBEMARLE HIGH/JACK JOUETT MIDDLE/GREER ELEMENTARY/BUILDING SERVICES/VMF/FIELD HOUSE 060000000078A0 216.69 Rural Area 1 $ 40,711,400 $ 6,500,700 $ 47,212,100 STONE ROBINSON ELEMENTARY 079000000023A0 20.90 Rural Area 4 $ 8,519,300 $ 1,233,300 $ 9,752,600 RED HILL ELEMENTARY 087000000060A0 2.88 Rural Area 3 $ - $ 135,800 $ 135,800 08700000006100 4.55 Rural Area 3 $ 3,584,600 $ 546,000 $ 4,130,600 087000000064A0 3.57 Rural Area 3 $ - $ 338,400 $ 338,400 087B00000010A0 0.17 Rural Area 3 $ - $ 1,300 $ 1,300 MONTICELLO HIGH 09100000000200 65.97 Urban Area 4 $ 52,351,200 $ 19,791,600 $ 72,142,800 CALE ELEMENTARY 09100000001300 15.96 Urban Area 4 $ 13,006,400 $ 1,835,200 $ 14,841,600 WALTON MIDDLE 101000000056A0 50.00 Rural Area 4 $ 10,862,700 $ 791,400 $ 11,654,100 YANCEY ELEMENTARY 128A2000001800 7.02 Rural Area 4 $ 3,553,000 $ 462,300 $ 4,015,300 SCOTTSVILLE ELEMENTARY 130000000025P0 14.77 Rural Area 4 $ 3,472,200 $ 555,200 $ 4,027,400 130000000025P1 0.23 Unassigned $ 3,800 $ 2,000 $ 5,800 MURRAY HIGH SCHOOL 350001000 (CITY TMP) 6.33 $ 1,538,200 $ 773,100 $ 2,311,300 BURLEY MIDDLE SCHOOL 360001000 (CITY TMP) 17.66 $ 3,914,800 $ 1,578,800 $ 5,493,600 COUNTY OF ALBEMARLE & CITY OF CH'VILLE SCH BDS CATEC 0610000001530 5.35 Urban Area 2 $ 4,444,200 $ 1,195,900 $ 5,640,100 061000000167B0 8.15 Urban Area 2 $ - $ 2,063,000 $ 2,063,000 SUBTOTAL 776.36 $ 265,279,400 $ 70,746,700 $ 336,026,100 GOVERNMENT OPERATIONS COUNTY OF ALBEMARLE ROAD DEDICATION-NGIC (FUTURE DEDICATION TO VDOT) 032000000005C3 4.49 Piney Mt. Community $ - $ 261,100 $ 261,100 RELAY STATION BUCKS ELBOW MT 039000000001B1 0.23 Rural Area 3 $ 177,000 $ 51,000 $ 228,000 STORMWATER FACILITY 045000000094B1 0.76 Urban Area 1 $ - $ 496,600 $ 496,600 STRIP ADJACENT TO SERVICE RD (FUTURE VDOT DEDICATION?) 045B1050A010A0 0.12 Urban Area 2 $ - $ 129,700 $ 129,700 WOODBROOK LAGOON 045C0020000600 7.64 Urban Area 2 $ - $ 123,800 $ 123,800 PETER'S MTN ROAD RADIO COMMUNICATIONS TOWER SITE 050000000001D0 2.00 Rural Area 2 $ 114,600 $ 50,000 $ 164,600 Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment COUNTY OF ALBEMARLE DOWNTOWN CROZET REGIONAL DETENTION FACILITY 05600000001100 5.51 Crozet Community $ 1,600 $ 287,200 $ 288,800 CROZET MEADOWS COMMUNITY 056000000014B0 1.05 Crozet Community $ 263,000 $ 160,000 $ 423,000 OLD CROZET ELEMENTARY 05600000006100 2.68 Crozet Community $ - $ 458,100 $ 458,100 05600000006200 5.40 Crozet Community $ 720,700 $ 972,000 $ 1,692,700 NEW CROZET LIBRARY 056A2010001800 0.92 Crozet Community $ 226,300 $ 132,000 $ 358,300 056A2010001900 1.00 Crozet Community $ - $ 137,500 $ 137,500 056A20100019A0 0.00 Crozet Community $ - $ 89,100 $ 89,100 CROZET LIBRARY 056A20100024B0 0.37 Crozet Community $ 393,200 $ 221,800 $ 615,000 BERKMAR CENTER PROPERTY/BERKMAR REGIONAL SW BASIN 061000000120F2 1.04 Urban Area 1 $ - $ 67,600 $ 67,600 BERKMAR DRIVE ADJACENT TO RESCUE SQUAD 061M00012001A0 0.80 Urban Area 1 $ - $ 523,400 $ 523,400 CH'VILLE-ALB RESCUE SQUAD 061M00012001F0 0.65 Urban Area 1 $ 221,300 $ 469,300 $ 690,600 SEMINOLE TRAIL FIRE DEPT 061M00012001G0 1.79 Urban Area 1 $ 513,200 $ 1,119,700 $ 1,632,900 PEYTON DRIVE 061W0030000500 0.87 Urban Area 1 $ - $ 90,500 $ 90,500 ADJACENT FOUR SEASONS CLUB / STORMWATER DETENTION FACILITY 061X10000004A1 1.01 Urban Area 1 $ - $ 40,700 $ 40,700 ADJACENT FOUR SEASONS CLUB/ACAC SITE / STORMWATER DETENTION FACILITY 061X20000004C0 2.72 Urban Area 1 $ - $ 107,800 $ 107,800 BRANCHLANDS WETLANDS 061Z0030000900 3.29 Urban Area 2 $ - $ 85,900 $ 85,900 061Z00300011A1 1.13 Urban Area 2 $ - $ 55,200 $ 55,200 COB 5TH STREET COMPLEX 076000000054N1 0.70 Urban Area 5 $ - $ 390,000 $ 390,000 076000000054P0 10.07 Urban Area 5 $ 15,896,300 $ 2,026,600 $ 17,922,900 076000000054P1 1.84 Urban Area 5 $ - $ 890,100 $ 890,100 076000000054Z0 0.75 Urban Area 5 $ - $ 378,300 $ 378,300 COURT HOUSE/CLERK'S OFFICE/SHERIFF'S OFFICE 07700000000100 1.31 Unassigned $ 8,041,800 $ 2,059,200 $ 10,101,000 ADJACENT MONTICELLO HIGH / REGIONAL DETENTION 07700000004900 13.18 Urban Area 4 $ - $ 1,014,700 $ 1,014,700 MONTICELLO FIRE STATION. (REMAINING SITE UNDEVELOPED - master planned for a potential library or other public facility. ) 091000000002E0 13.83 Urban Area 4 $ 2,469,500 $ 4,148,100 $ 6,617,600 OLD KEENE LAND FILL 12100000005700 2.90 Rural Area 4 $ - $ 19,900 $ 19,900 129000000002A0 169.12 Rural Area 4 $ - $ 635,000 $ 635,000 COUNTY OFFICE BUILDING / MCINTIRE ROAD 350134000 (CITY TMP) 14.63 $ 9,529,600 $ 3,572,400 $ 13,102,000 ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY JOINT SECURITY COMPLEX 077000000011A0 8.25 Urban Area 4 $ 34,004,500 $ 2,138,500 $ 36,143,000 Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment COUNTY OF ALBEMARLE SCHOOL BOARD HYDRAULIC ROAD 06100000005100 0.04 Urban Area 1 $ - $ 7,500 $ 7,500 COUNTY OF ALBEMARLE SCHOOL BOARD 911 RADIO TOWER #1242439 091000000028D0 0.00 Rural Area 4 $ 321,600 $ - $ 321,600 COUNTY OF ALBEMARLE & EAST RIVANNA VOLUNTEER FIRE CO INC EAST RIVANNA FIRE STATION 093A1000000200 6.00 Village of Rivanna $ 1,131,600 $ 1,157,000 $ 2,288,600 SCOTTSVILLE VOLUNTEER RESCUE SQUAD INC, THE & COUNTY OF ALBEMARLE SCOTTSVILLE RESCUE SQUAD 130000000007B0 9.56 Rural Area 4 $ 825,000 $ 143,000 $ 968,000 The following properties are jointly owned by the County and City and are within the geographic boundaries of the City COUNTY OF ALBEMARLE & CITY OF CHARLOTTESVILLE HEALTH DEPARTMENT 440030200 (CITY TMP) 2.55 $ 3,169,500 $ 932,800 $ 4,102,300 WHEELER BUILDING 530030000 (CITY TMP) ** $ 495,400 $ 254,300 $ 749,700 MORRIS BUILDING 530031000 (CITY TMP) ** $ 302,900 $ 303,800 $ 606,700 J&DR COURT 530032000 (CITY TMP) ** $ 2,783,900 $ 305,900 $ 3,089,800 LEVY LOT 530108000 (CITY TMP) ** $ 10,200 $ 330,500 $ 340,700 LEVY 530109000 (CITY TMP) ** $ 2,581,800 $ 834,300 $ 3,416,100 JESSUP HOUSE (BEHIND LEVY)530111000 (CITY TMP) ** $ 618,100 $ 351,900 $ 970,000 CENTRAL LIBRARY 330196000 (CITY TMP) ** $ 2,350,100 $ 869,600 $ 3,219,700 MARKET STREET PARKING LOT 530159000 (CITY TMP) ** $ 50,600 $ 836,200 $ 886,800 SUBTOTAL 300.16 $ 87,213,300 $ 29,729,600 $ 116,942,900 ** Designated as "LOT" Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment LAND BANKED PROPERTIES COUNTY OF ALBEMARLE EARLYSVILLE VILLAGE (PUBLIC RECREATION): This parcel, located at the intersection of Earlysville Forest Drive and Stillwater Lane, was donated to the County as a condition of a rezoning partition for the Earlysville Forest PUD. In 1993 the Board accepted the recommendation of an appointed park committee that the parcel not be developed based on neighborhood opposition. A significant portion of the parcel is encumbered by a drainfield easement 031B00000000B0 8.56 Rural Area 1 $ - $ 256,800 $ 256,800 ADJACENT AGNOR-HURT ELEM: This smaller parcel is contiguous with the school site and was purchased at the same time for possible public use. The topography of the site creates challenges for building and there is a sewer easement along the edge of the property. 04500000009400 5.91 Urban Area 1 $ - $ 1,447,500 $ 1,447,500 POLO GROUNDS RD: Originally purchased as a potential site for a new Northern Elementary School with the knowledge that the shape and topography of the site was challenging for a school site without acquiring an adjacent parcel of land. This property has been considered land banked for a long term future elementary school site. 04600000002600 27.48 Hollymead Community $ - $ 1,201,000 $ 1,201,000 FOREST LAKES / POTENTIAL LIBRARY SITE: The parcel which is located at the south entrance of Forest Lakes South was acquired as a proffer in connection with the development of the Subdivision. At one time the parcel was considered as a potential site for a northern library branch; it may also be used in connection with the construction of an overpass to eliminate the signal at Ashwood Road as proposed in the draft Places 29 Plan. 046B50000001C0 4.75 Hollymead Community $ - $ 1,862,600 $ 1,862,600 Owner Property Name / Description Tax Map Parcel Acreage Comp Plan Area Bldg Assessment Land Assessment Total Assessment COUNTY OF ALBEMARLE ADJACENT MONTICELLO HIGH: Residual property after construction of High School. This property was acquired as part of the Monticello High School project. It was originally a possible site for an indoor pool facility. It has been land banked for future public use. 07700000004800 4.93 Urban Area 4 $ - $ 1,850,300 $ 1,850,300 ADJACENT MONTICELLO FIRE STATION: This parcel, along with the two immediately below, was purchased as a possible building site for a future Middle School or other future public facilities. The site is a possible location for a future government center or combined courts complex, among other things. This property was acquired specifically to be land banked to avoid costly future land acquisitions. 091000000008B0 8.34 Urban Area 4 $ 12,600 $ 575,400 $ 588,000 ADJACENT MONTICELLO FIRE STATION: See above.09100000001000 8.33 Urban Area 4 $ 18,100 $ 718,600 $ 736,700 ADJACENT MONTICELLO FIRE STATION: See above.09100000001100 16.19 Urban Area 4 $ 16,400 $ 1,675,300 $ 1,691,700 KEENE PROPERTY: Purchased in anticipation of closing the Keene Landfill site for use as a possible transfer station. It has been land banked for a future public use. 121000000082A2 7.00 Rural Area 4 $ - $ 122,500 $ 122,500 OLD JAIL/JAILOR'S HOUSE - Physically located in City; however, no tax map/parcel has been assigned by the City or County for this property. The Historical Society is currently assessing the property (physical, legal, zoning and operational) for use as a museum. N/A 0.2* N/A N/A N/A SUBTOTAL 91.69 $ 47,100 $ 9,710,000 $ 9,757,100 GRAND TOTAL 4,424.49 $ 359,254,200 $ 164,097,600 $ 523,351,800 * Approximate Acreage County of Albemarle MEMORANDUM TO: Members of the Board of Supervisors FROM: Meagan Hoy, Senior Deputy Clerk DATE: October 6, 2010 RE: Vacancies on Boards and Commissions Attached please find an updated listing of vacancies on boards and commissions through December 2010 provided for informational purposes only. The following Boards and Commissions have been advertised and applications were received as follows: Acquisition of Conservation Easements (ACE) Committee: One vacancy. No applications received. Fiscal Impact Advisory Committee: Two vacancies. Matthew Lucas David Mitchell Historic Preservation Committee: Three vacancies. Application deadline is October 20, 2010. Peter Wiley The following reappointments require action by the Board: Jefferson Area Board for Aging: Wallace McKeel JAUNT: Robert Burke Raymond East Joint Airport Commission: William Schrader TJ Emergence Medical Services Council: Steve Elliott 1 MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT ACE Appraisal Review Committee Joseph Samuels 12/31/2010 12/31/2011 No To be advertised ACE Appraisal Review Committee Ross L. Stevens 12/31/2010 12/31/2011 Eligible No Action Required ACE Committee Joseph Samuels 8/1/2010 8/1/2013 No Advertised, no applications recv'd Albemarle County Service Authority John C. Martin 12/31/2011 Resigned, White Hall No Action Required ARB Charles Lebo 11/14/2010 11/14/2014 Eligible No Action Required ARB Paul Wright 11/14/2010 11/14/2014 Eligible No Action Required Cville Area Community Foundation Gv. Board Alan Culbertson 12/31/2010 12/31/2013 Eligible No Action Required Community Mobility Committee Ms. Frances Hooper 12/31/2010 12/31/2012 Eligible No Action Required Eqalization Board Alan Collier 12/31/2010 12/31/2011 Eligible, Rivanna No Action Required Eqalization Board David Cooke II 12/31/2010 12/31/2011 Eligible, Jack Jouett No Action Required Eqalization Board Virginia Gardner 12/31/2010 12/31/2011 Eligible, White Hall No Action Required Eqalization Board Rosa Hudson 12/31/2010 12/31/2011 Eligible, Scottsville No Action Required Eqalization Board Kathy Rash 12/31/2010 12/31/2011 Eligible, Rio No Action Required Eqalization Board John C. Lowry 12/31/2010 12/31/2011 Eligible, Samuel Miller No Action Required Fiscal Impact Advisory Committee Morgan Butler 7/8/2010 7/8/2012 Ineligible Advertised, 2 Recv'd Historic Preservation Committee Judd Bankert 6/4/2010 6/4/2013 No Advertised, App. deadline 10/20 Historic Preservation Committee Jane Covington 6/4/2013 Resigned Advertised, App. deadline 10/20 Historic Preservation Committee Lynn Rainville 6/4/2011 Resigned Advertised, App. deadline 10/20 Housing Committee David Paulson 12/31/2010 12/31/2013 Eligible No Action Required Housing Committee Jana Crutchfield 12/31/2010 12/31/2013 Ineligible No Action Required Housing Committee Martha deJarnette 12/31/2010 12/31/2013 Eligible No Action Required JABA Wallace McKeel 10/20/2010 10/20/2012 Yes Action Required JAUNT Robert Michael Burke 9/30/2010 9/30/2013 Yes Action Required JAUNT Raymond East 9/30/2010 9/30/2013 Yes Action Required Joint Airport Commission William Schrader 12/1/2010 12/1/2013 Yes Action Required Planning Commission Julia Monteith 12/31/2010 12/31/2011 Eligible No Action Required Public Defender Office Citizens Adv. Com.Marilyn Minrath 12/31/2010 12/31/2013 Eligible No Action Required Public Recreational Facilities Authority Jay Fennell 12/13/2010 12/13/2013 Eligible No Action Required Public Recreational Facilities Authority John deKoven Bowen 12/13/2010 12/13/2013 Eligible No Action Required Public Recreational Facilities Authority Glen Michael 12/13/2010 12/13/2010 Eligible No Action Required Rivanna Solid Waste Authority Michael Gaffney 12/31/2010 12/31/2012 Yes, Joint City/County Action Required Rivanna Solid Waste Authority Cit. Adv. Comm.Reed Muelman 12/31/2010 12/31/2012 Eligible No Action Required Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County No Action Required Rivanna Water and Sewer Authority Michael Gaffeny 12/31/2010 12/31/2012 Yes, Joint City/County Action Required TJ Emergency Medical Services Council Steve Elliott 1/1/2010 1/1/2013 Yes Action Required Revised 10/01/10 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Places29: A Master Plan for the Northern Development Areas SUBJECT/PROPOSAL/REQUEST: Review of Revised Future Land Use Map for proposed roadway network and inter-parcel connections STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, and Ms. Wiegand. LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At its September 1st work session, the Board discussed with staff modifying the Future Land Use Map to eliminate some of the interconnecting roads identified on the map. The Board requested a review of the revised Map prior to the scheduled public hearing in November. Attachment A is a draft of the revised Future Land Use Map with these changes. DISCUSSION: The Future Land Use Map has been revised to reflect a proposed roadway network that includes: All roads modeled as necessary improvements to the transportation network (Hillsdale Drive, Berkmar Drive, etc.). All roads approved as part of development approvals (ZMAs, SPs, site plans/plats), such as roads in the North Pointe development in the Hollymead Town Center area. Roads that have been identified in the previous Comprehensive Plan, MPO Regional Transportation Plan (e.g., east west connecting road from Hollymead Drive to Earlysville Road) In addition, staff is in the process of modifying the Places 29 Master Plan to explain that although interchanges are ultimately necessary based on the traffic modeling, due to budget constraints and other more immediate improvement needs, the interchange concepts will be revisited as part of the small area planning process with the next five-year update of the Master Plan. The priority projects for the next five years are: Additional lanes on Emmet Street (US 29) and the ramp from Hydraulic to the US 29/250 Bypass west and construction of Hillsdale Drive (both in the City) Widening of US 29 from the South Fork of the Rivanna River to Hollymead Town Center. Planning and design of Berkmar Drive extended, including a bridge over the South Fork of the Rivanna River. Maintenance and strategic enhancement of transit service RECOMMENDATIONS: Staff recommends that the Board, after reviewing the draft revision to the Future Land Use Map, provide any additional comments or direction to staff. ATTACHMENTS: A – Map: Revised Future Land Use, South B – Map: Revised Future Land Use Map, North Return to regular agenda County-Owned Pr opert y Hollymead SchoolSutherland School B a k e r -B u t l e rSchool ProposedSchool/Park Wo o d b ro o kSchool RW S A Agnor-HurtSchool Ivy C reekNatural Area AlbemarleHighSchool C AT E CSchool Ai rport Rd.Pr o f f i t Rd.Proffit R d.T i mberwood PkwyTimberwood B lvdHollymead Dr.Ash wood Blvd P o l o Gr ounds Rd.US 29 Rio Mills R d .Route 643Earlysville Rd. Dickerson Rd.Carrsbrook Rd.Northfield Rd. Old Brook Rd.Rio Rd.Hydraulic Rd. C i t y o f C h a r l o t t e s v i l l e Dunlora Carrsbrook Northfields Forest Lakes South Still Meadow Key West Lake Hills Riverrun Raintree Chapel Hills Rivanna Four Seasons Windsor Estates SoCA Red Hills Lowes Lochridge Montgomery Ridge Fieldbrook Woodbrook Westfield Branchlands Berkeley Humphris Park Squirrel Ridge Stonehenge Canterbury Hills Westmoreland Wildwood Hind Sight Woodburn Ridge The Village Square Knollwood Hessian Hills Rio Heights Birnam Wood Glenwood Station Rio Hill Shopping Center Wakefield Greenbrier Heights Willow Heights Oak Terrace Queen Charlotte Berkmar Center Rio Square Hollymead Huntwood University CommonsGreentree Berkmar Crossing Camellia Garden Rockbrook Templeton Acres Brookmill Bennington Terrace Comdial Sperry Marine Huntington Village Albemarle Square The Woods Charlottesville Albemarle Airport D C C CD C D NS NS NS NS NS NS NSNS NS NS NS NS NS NS NS FUTURE LAND USESOUTH Date: 9/3/2010 °0 1,000 2,000 3,000500Feet 0 0.125 0.25 0.375 0.5 0.625 0.75Miles NOTE: Users of the Places29 Future Land Use Map must also consultthe Places29 Parks & Green Systems Map to see if additionalopen space should be preserved and/or trails preserved (1) FOR BREAKDOWN OF PROPOSED ROADS INTO DIFFERENT CATEGORIES SEE TRANSPORTATION NETWORK DIAGRAM(2) BOUNDARIES ARE FLEXIBLE AND SUBJECT TO CHANGE TRANSPORTATION STUDY Consulting Team:Meyer Mohaddes Associates, Inc.Community Design + Architecture, Inc.Urban Advantage Thomas Jefferson Planning District CommissionVirginia Department of Transportation MASTER PLAN Consulting Team:Community Design + Architecture, Inc.Meyer Mohaddes Associates, Inc.ZHA, Inc.Kathleen M. Galvin, ArchitectTimmons GroupUrban Advantage Albemarle County Source: Office of Geographic Data Services, Dept. of Community Development, Albemarle County;Thomas Jefferson Planning District Commission; Community Design + Architecture NSCDUp LegendProposed Roadway Network (1)Possible Additions to Roadway Network (beyond 2025)Potential Connections (Pedestrian, Bicycle, or Vehicular)Neighborhood Service CenterCommunity CenterDestination CenterUptownParcels Y2008 Development Area Boundary Airport District Urban Mixed Use ( in Centers) Urban Mixed Use ( in areas around Centers) Commercial Mixed Use Urban Density Residential Neighborhood Density Residential Office / R & D / Flex / Light Industrial Light Industrial Heavy Industrial Institutional Public Open Space Privately owned Open Space ; Environmental Features Small Area Plan Recommended (2) County-Owned Property Hollymead SchoolSutherland School Ba ker -Bu tl erSchool ProposedSchool/Park Ch r is G re en eLake P a r k WoodbrookSchool RW S A Agnor-HurtSchool Ivy CreekNatural Area Bo uld ers Rd.Lewis & Clark Dr.Ai rport Rd.US 29 Pr o f f i t Rd.Proffit R d.T i mberwood PkwyTimberwood B lvdHollymead Dr.Ash wood Blvd P o l o Gr ounds Rd.US 29 Rio Mills R d .Route 643Earlysville Rd. Dickerson Rd.Carrsbrook Rd.Northfield Rd. Old Brook Rd. Hydraulic Rd. Charlottesville Albemarle Airport North Pines Bentivar Forest Lakes Briarwood Forest Lakes South Carrsbrook Hollymead Red Hills Lake Acres Earlysville Forest Mountain Vista Walnut Hills Windsor Estates SoCA Bedford Hills Still Meadow Montgomery Ridge Airport Acres Meadowfield GE Fanuc Northwood Springfield Camelot Hind Sight Jefferson Village Deerwood NGIC Lochridge Chesterfield Templeton Acres Holly Memorial Gardens Forest Lakes Townhouses Forest Ridge UVA Research Park Hollymead Townhouses Airport Industrial Park Advance Mills Estate Northside Industrial Park Gilbert Heights C DD C CD NS NS NS NS NS NS Up NS FUTURE LAND USENORTH Date: 9/3/2010 °0 1,000 2,000 3,000500Feet 0 0.125 0.25 0.375 0.5 0.625 0.75Miles NOTE: Users of the Places29 Future Land Use Map must also consultthe Places29 Parks & Green Systems Map to see if additionalopen space should be preserved and/or trails preserved (1) FOR BREAKDOWN OF PROPOSED ROADS INTO DIFFERENT CATEGORIES SEE TRANSPORTATION NETWORK DIAGRAM(2) BOUNDARIES ARE FLEXIBLE AND SUBJECT TO CHANGE TRANSPORTATION STUDY Consulting Team:Meyer Mohaddes Associates, Inc.Community Design + Architecture, Inc.Urban Advantage Thomas Jefferson Planning District CommissionVirginia Department of Transportation MASTER PLAN Consulting Team:Community Design + Architecture, Inc.Meyer Mohaddes Associates, Inc.ZHA, Inc.Kathleen M. Galvin, ArchitectTimmons GroupUrban Advantage Albemarle County Source: Office of Geographic Data Services, Dept. of Community Development, Albemarle County;Thomas Jefferson Planning District Commission; Community Design + Architecture NSCDUp LegendProposed Roadway Network (1)Possible Additions to Roadway Network (beyond 2025)Potential Connections (Pedestrian, Bicycle, or Vehicular)Neighborhood Service CenterCommunity CenterDestination CenterUptownParcels Y2008 Small Area Plan Recommended (2) Development Area Boundary Airport District Urban Mixed Use ( in Centers) Urban Mixed Use ( in areas around Centers) Commercial Mixed Use Urban Density Residential Neighborhood Density Residential Office / R & D / Flex / Light Industrial Light Industrial Heavy Industrial Institutional Public Open Space Privately owned Open Space ; Environmental Features COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Solid Waste Service Options SUBJECT/PROPOSAL/REQUEST: Work session to consider solid waste service disposal options upon the expiration of the City/County support agreement STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Kamptner, Graham, and Shadman LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 1990, the County of Albemarle and the City of Charlottesville entered into an agreement (Attachment A) to form the Rivanna Solid Waste Authority (RSWA) for the purpose of managing solid waste generated in the County and the City. The agreement designated the RSWA as the sole provider for solid waste disposal services for both the County and the City. The agreement anticipated that the RSWA would be self-supporting, primarily through the collection of tipping fees at the Ivy Facility. This arrangem ent worked well until 2001, when the last landfill cell at the Ivy Facility was closed, and tighter regulations, as well as public opposition, made it highly unlikely that the RSWA could open a new landfill cell. From that point, the RSWA has provided a limited capacity transfer station at the Ivy Facility for garbage (MSW) and construction debris (CDD). This Facility is not adequate to handle the total demands of both the County and the City. To compensate, the RSWA accepted MSW and CDD through a contractual arrangement at a private transfer station at Zions Crossroads. As a result of losing the tipping fees generated by the Ivy Facility, the RSWA was no longer self-sustaining. The County and City entered into a Local Government Support Agreement in December, 2007 (Attachment B) to fund RSWA’s operational deficits. Since entering into that agreement, other disposal options have become available and the RSWA has determined that it is no longer in a position to serve as the sole provider of solid waste disposal services for the County and the City. Currently, there are at least four options for disposal of MSW and CDD generated in the County: the Ivy Facility, two private transfer stations at Zion’s Crossroads, and a private transfer station in Greene County. Acknowledging the City’s interest in exploring other service options, in June, 2010, the County and City amended the 2007 agreement to end the County/City funding of RSWA’s operational deficits as of December 31, 2010 (Attachment C). The County must now determine its service needs and delivery options with the assumption that the City is discontinuing its financial support of the RSWA, except for a prior commitment to fund the environmental mitigation at the Ivy Landfill. The purpose of this work session is to define the solid waste disposal services the Board believes are needed in the County. This will be followed by a November work session to consider options for providing those services. DISCUSSION: Staff initiated its analysis by considering levels of service and developed the attached table that defines a low, medium, and high level of public service for solid waste disposal (Attachment D). The County currently provides a medium level of service. Staff believes the public would perceive the level of service to be low if there were a significant drop in the level of service and that they would perceive the level of service to be high if there were a significant increase in the level of service. Staff recognizes that these are debatable standards. The rationale for defining the existing level of service at medium is that there have been few complaints received at the current level of service. While there have been complaints about curbside recycling options in the past, those complaints have diminished since the Zions Crossroads transfer stations started extracting recyclable materials from both MSW and CDD. It appears people interested in curbside recycling have largely found that those transfer stations addressed their needs. Thus, staff does not see an immediate need for increased services. With this framework, the County involvement and costs were compared to peer communities (Attachment E). From this, it appears Albemarle has a lower level of service in solid waste disposal services and also has much less tax support than most of the peer localities. Stafford County is one of a few localities that still operates its own landfill. Similar to the RSWA’s experience prior to 2001, revenue generated from Stafford’s landfill appears to allow that AGENDA TITLE: Solid Waste Service Options October 6, 2010 Page 2 locality to fund a number of solid waste related services to their constituents. Complicating this analysis, Albemarle appears to be unique since the public is now served by a private transfer station that incorporates a materials recovery facility (recycling) in its process. To perform an accurate total cost analysis would require merging the fees charged by private haulers with the localities’ support. That data was not available for this analysis. Additionally, there are subjective values that would need to be included in a total cost analysis. For example, what value does the typical citizen place on a curbside service that provides co-mingled recycling? Next, the RSWA FY 11 budget anticipates a deficit of $385,000 for operations, while the County has budgeted $350,000 for RSWA support in the current year. Pursuant to the amended support agreement, that cost is shared by the County and the City through December 2010. Staff notes the current financial data suggests that there will be a higher deficit than budgeted, but it is too early in the fiscal year to verify this. (Attachment F) This data suggests that even if the City were not to contribute in the second half of FY 11, it may be possible for the County to continue receiving the current level of services with little or no service adjustment in FY 11. The final factor staff considered in its analysis was the current demand for services and whether alternatives exist. Based on the RSWA’s records and prior surveys of residents, staff believes there remains a significant need for a drop-off center in the County. This need is not only for MSW, but for other materials such as woody debris and appliances. For MSW, it was noted that RSWA continues to see a sizable number of residents who are not served by commercial trash haulers. Many of those are due to their remote location, while others are people who generate very little trash and/or have limited income. If a convenience center/transfer station were not available to those residents, staff anticipates the County would see an increase in illegal dumping and complaints over the service reductions. With respect to the McIntire Road Recycling Facility, staff notes that the recycling offered continues to be a very popular program for both County and City residents, though the need appears to be reduced due to expanded curbside recycling options available in both the County and the City. Staff believes there will continue to be some need for drop- off recycling services. Based on the above, staff believes the County should maintain the current RSWA operations, with the possible exception of the McIntire Road Facility. The comparison to peer communities indicates that the RSWA is providing a cost effective service and service demands have not dramatically changed. While an expansion of services could allow the County to better match peer communities, there appears to be little public demand for expanded services, perhaps because there are multiple private options currently available to County residents and businesses, many of which are not available in those peer communities. If the Board is interested in expanding services (and funding support), staff believes those changes should be permanent. The County’s experience in closing the Keene landfill suggests there would be significant citizen dissatisfaction and increased illegal dumping if the County expanded services, then later reduced them. Conversely, while a reduction of services may be possible, staff noted many residents and businesses continue to rely on the RSWA’s programs at the Ivy Facility. Therefore, staff recommends keeping those services in place. If the City does not continue to fund the Ivy Facility, then the RSWA should implement a fee system for its use by City residents. With respect to the McIntire Road Facility, staff notes this Facility receives a similar per capita usage by County and City residents, but the City has not committed to continuing its support. If the City is not willing to continue its support, staff believes the RSWA should consider the cost savings that could be realized by consolidating services at the Ivy Facility. If the City is willing to continue its support, staff recommends continuing to support the McIntire Road Facility. Staff would also ask that the RSWA consider restoring the fluorescent bulb and battery programs that were recently eliminated at the McIntire Road Facility. While restoration of those programs would likely require additional funding, there are currently no alternatives available to County residents, and those programs appear to be important for environmental reasons. Finally, staff notes that while the RSWA provides a cost effective service, the organizational agreement provides the County and the City equal votes in setting the RSWA budget. When the costs of those services are shared by the localities, that arrangement is appropriate. However, if the County were to become the sole funding source for the RSWA, it would be inappropriate to allow the City to continue to have an equal vote in setting the RSWA’s operations budget. If the Board agrees with staff’s recommendation for the County to continue to fund the RSWA and if the City discontinues its partnership with the County in funding the RSWA, staff recommends that the Board consider amending the RSWA Organizational Agreement at its November work session. AGENDA TITLE: Solid Waste Service Options October 6, 2010 Page 3 BUDGET IMPACT: The County has $350,000 budgeted in FY 11 to support RSWA FY 11 operations. Based on the RSWA adopted budget for FY 11, it was anticipated that RSWA’s operational deficit would total $385,000. It appears that County and City funding for the period of July, 2010 through December 2010, combined with County funding from January 2011 through June 2011, will cover the RSWA’s FY 11 operational deficit. If inadequate, it appears RSWA would need to use its reserves. Staff’s recommendation focuses on maintaining services without any significant increase in the County support to RSWA. RECOMMENDATIONS: Staff recommends that the Board 1) continue support of services currently provided at RSWA’s Ivy Facility (it appears this will require little, if any, increase in current County support payments); 2) continue support of RSWA’s McIntire Road Facility if the City agrees to continue its support (otherwise, staff recommends requesting RSWA to consider consolidating those services to the Ivy Facility, with the goal of not increasing current County support payments; and 3) consider changes to the RSWA Organizational Agreement at a November work session with the goal of assuring the organization matches operations and support by both the County and the City. ATTACHMENTS Attachment A – Solid Waste Organizational Agreement Attachment B –RSWA Local Government Support Agreement Attachment C – Amendment to RSWA Local Government Support Agreement Attachment D – Solid Waste Service Levels Attachment E – Peer Community Comparison Attachment F – RSWA July 2010 financial report Return to regular agenda LOCAL GOVERNMENT SUPPORT AGREEMENT AMONG THE CITY OF CHARLOTTESVILLE THE COUNTY OF ALBEMARLE AND THE RIVANNA SOLID WASTE AUTHORITY This ocal Government Support Agreement this Agreement is made this7dayofcll1N2007byandamongtheCityofCharlottesvilleVirginiatheCitytheCountyofAlbemarleVirginiatheCountyandtheRivannaSolid Waste Authority the Authority together referred to as the Parties WHEREAS on November 20 1990 the City and the County entered into a certain Solid Waste Organizational Agreement for the purpose of forming the Authority to operate the Ivy Landfill the Landfill and provide other waste management services for the City and County WHEREAS the Landfill operated continuously from 1968 until the closure of Ce112 in 2001 however the Authority continues to provide waste management services to the City and County and has continuing obligations with respect to the closure remediation and monitoring of the Landfill WHEREAS the Authority owns a transfer station at the Landfill site the Ivy Transfer Station currently operated by the Authority with transportation and disposal of the compacted waste provided by Waste Management Inc formerly Atlantic Waste Disposal Inc pursuant to a contract with the Authority the Waste Management Contract WHEREAS Allied Waste Industries Inc formerly BFI constructed owns and operates a transfer station at Zion Crossroads the Zion Crossroads Transfer Station available for use by the citizens of the City and County pursuant to a contract with the Authority the Allied Waste Contract WHEREAS a component of the standard tipping fees set by the Authority for its customers at the Ivy Transfer Station and the Zion Crossroads Transfer Station is a service contribution fee for providing waste management services to the CharlottesvilleAlbemarle community over and above the transportation and disposal fees charged by Waste Management Inc and Allied Waste Inc to the Authority pursuant to the Waste Management Contract and the Allied Waste Contract respectively WHEREAS pursuant to the Allied Waste Contract all residential waste contracted for collection by the City is considered waste controlled by the Authority and billed by the Authority at the standard tipping fee which includes the service contribution fee when taken to the Zion Crossroads Transfer Station irrespective of the hauler WHEREAS direct customers of Allied Waste Inc are not subject to the service contribution fee charged by the Authority to the Authorityscustomers WHEREAS since 2001 the City has withheld from the Authority payment of the service contribution fee component of the standard tipping fee on waste taken to the Zion Crossroads Transfer Station by the Citys contracted collector until such time as an equitable cost sharing agreement could be negotiated WHEREAS the City the County the Authority and the University of Virginia entered into a Memorandum of Understanding dated January 10 2005 with respect to the sharing of costs related to the closure remediation and monitoring of the Landfill the Environmental Expenses MOU WHEREAS since 2001 the City has through direct subsidy payments contributed 75000000 and the County has through direct subsidy payments contributed 1000000 to the ongoing operational costs of the Authority and WHEREAS the Parties desire to enter into this Agreement to provide for local government contributions to the Authority by the City and the County to fund their proportional share of the Authoritys administration and operating expenses over and above the costs covered by the Environmental revenues received by the Authority revenues received under and the Expenses MOU and the other NOW THEREFORE the Parties agree as follows City Payment of Retained Service Contribution Fees The City agrees to pay to the Authority all remaining service contribution fees incurred by the City prior to July 1 2007 The Authority acknowledges receipt of 400000 on June 25 2007 as partial payment of these service contribution fees The balance of these service contribution fees shall be paid to the Authority within thirty 30 days of the execution of this Agreement by each of the parties In view of the necessarily imprecise nature of allocation of actual costs based upon population the Authority agrees that it shall not impose any penalty or interest on such service contribution fees if paid by the City in accordance with this paragraph The City agrees that there shall be no restriction on the use of 2 such funds and that the Authority may use such funds for operating expenses reserves environmental costs even though otherwise covered by the Environmental Expenses MOU or any other expense The Authority agrees to repay to the County the 250000 that the County paid to the Authority in July 2005 within thirty 30 days of the execution of this Agreement 2 Rates and Charges for City Collected Solid Waste during and after FY 2008 For the Authoritysfiscal year 2008 beginning July 1 2007 and thereafter except as specifically provided in paragraph 3 below the City agrees to pay the Authority the standard tipping fee including the service contribution fee component of such fee of 62 per ton on all solid waste collected or contracted for collection by the City and taken to the Zion Crossroads Transfer Station and the standard tipping fee then in effect on all solid waste collected or contracted for collection by the City and taken to the Ivy Transfer Station The Authority agrees not to increase such fees for the City for the balance of FY08 On and after July 1 2008 any increases to the standard tipping fee imposed by the Authority and charged to the City shall not exceed 62 per ton at the Zion Crossroads Transfer Station and the amount of the standard tipping fee in effect as of June 30 2008 at the Ivy Transfer Station in each case adjusted for inflation using the the Consumer Price Index published by the Department of Labor Bureau of Labor Statistics All Urban Consumers CPIU US City Average All Items 198284 100 3 Rates and Charges for City Residential Curbside Collected Solid Waste The City may award a new residential curbside solid waste collection contract effective July 1 2008 the New City Curbside Contract The Authority agrees that if a New City Curbside Contract is awarded to Allied Waste Inc and the solid waste is taken to the Zion Crossroads Transfer Station it shall diligently pursue an amendment to the Allied Waste Contract to exclude such waste effective upon the latter of July 1 2008 or the effective date of the New City Curbside Contract with Allied Waste Inc from the definition of Rivanna Service Area MSW and coverage under Section 35 of the Allied Waste Contract pursuant to which the Authority currently imposes the service contribution fee The Authority agrees that if a New City Curbside Contract is awarded to Waste Management Inc the Authority shall waive effective upon the latter of July 1 2008 or the effective date of the New City Curbside Contract with Waste Management Inc the restriction imposed upon Waste Management Inc in the Waste Management Contract obligating Waste Management Inc to deliver such waste to the Ivy Transfer Station In view of the existing limit on the average daily tonnage under the Authorityspermit for the Ivy Transfer Station the City agrees to include a requirement in any New City Curbside Contract that such collected waste will not be delivered to the Ivy Transfer Station The Authority further agrees that effective upon the latter of July 1 2008 or the effective date of the New City Curbside Contract the Authority shall not impose the service contribution fee on any residential curbside solid waste collected or contracted for collection by the City and delivered to the Zion Crossroads Transfer Station In the event that the City does not award a New City Curbside Contract in 2008 and continues under its current contract with Waste Management Inc the parties agree that effective July 1 2008 i the City will continue to require that solid waste collected under the existing contract be taken to the Zion Crossroads Transfer Station and ii the Authority shall not impose the service contribution fee on any such waste In lieu of payment of the service contribution fees as provided in this paragraph 3 the City agrees to make certain payments to the Authority pursuant to paragraphs 4 and 5 below In addition the City and County agree not to oppose any exercise by the Authority of options to extend the terms of the Allied Waste Contract or the Waste Management Contract 4 Citys and Countys Proportional Funding of Authoritys Service Contribution Fee Revenues Beginning in fiscal year 2008 and continuing during each fiscal year that this paragraph 4 is in effect the Authority shall determine the total amount of service contribution fees billed for solid waste taken to the Ivy Transfer Station and the Zion Crossroads Transfer Station and the percentage of the total that is attributable to waste generated within the City and the County and provide the City and the County with such information The parties acknowledge that there is no means to guarantee the accuracy of those determinations asthey will be based on the declarations of individual trash haulers as well as records maintained by the operator of the Zion Crossroads Transfer Station If the percentage of service contribution fees billed for solid waste generated within either the City or the County is less than its proportionate share of the service areas population as calculated pursuant to paragraph 5belowit shall contribute to the Authority or to the other jurisdiction on the date of the next quarterly deficit payment asprovided in paragraph 6 below an amount which will cause its percentage share of the service contribution fee to equal its proportionate percentage of the service area population Alternatively the Authority at its election may refund to the other jurisdiction the amount which is in excess of its share or give such jurisdiction a credit in such amount against any future obligation it may have to the Authority pursuant to paragraph 5 of this Agreement The provisions of this paragraph 4 shall terminate upon the first to occur of i full implementation of the Authoritys strategic plan referenced in paragraph 8 below or ii June 30 2010 The calculations to be made by the Authority and payments refunds or credits to be made or received by the City and County shall be done in a manner consistent with the hypothetical example set forth on Exhibit 1 attached hereto 5 Citys and Countys Proportional Funding of Authoritys Projected Annual Operating Deficit If the Authority determines that despite any payment by either the City or the County pursuant to paragraph 4 above and all reasonable efforts to fund the operating expenses of the Authority that an operating deficit will exist it shall prepare and adopt a budget including reasonable reserves balanced by using 4 revenue to be contributed by the City and the County The amount of revenue to be contributed by the City and the County shall be determined on the basis of population at the time the budget is adopted by the Authority as reported for the most recent year by the University of Virginias Weldon Cooper Center for Public Service rounded to the nearest tenth 110 of a percerit The percentage of each of the Citys and Countys portion of the revenue to be contributed will be calculated by dividing its population by the combined population of the City and County For purposes of the budget for the Authoritysfiscal year beginning July 1 2007 the percentage of the Citys portion of the revenue to be contributed shall be thirty percent 30 and the Countys portion of the revenue to be contributed shall be seventy percent 70 An example of the calculations required by pazagraph 4 above and this pazagraph 5 is set forth in Exhibit 1 attached hereto and such calculations shall be made by the Authority in a manner consistent with the example in Exhibit 1 6 Quarterly Deficit Payments If the Authoritysproposed annual budget shows an operating deficit the Citys and Countys payment to the Authority pursuant to paragraph 5 above shall be made quarterly on the first day of July October Januazy and April of such fiscal year ofthe Authority subject to the provisions ofpazagraphs 9 and 10 below 7 Increase or Decrease in the AuthoritysOperating Deficit Payments by the City and the County to the Authority for any particulaz fiscal quarter shall be increased or decreased as appropriate to take into account any extraordinazy increases or reductions in expenses andor reductions or increases in revenue not anticipated by the adopted budget for such yearupon the Authoritys submission of an amended budget approved by the AuthoritysBoazd of Directors to the City and the County at least 30 days prior to the due date of the next payment Upon completion of the audited financial statements of the Authority for the prior fiscal yeaz the Citys and Countys payments to the Authority shall be increased or decreased as appropriate to take into account increases or decreases in actual expenses andor reductions or increases in actual revenues of the Authority from those anticipated by the adopted budget as shown by such financial statement and such adjustments shall be determined by using the Citys and Countyspercentages as set forth in paragraph 5 above as may be adjusted as provided in such paragraph for such audited fiscal year as an adjustment to the next payments due from the City and County to the Authority provided however that any such increase or decrease shall take into account any increase or decrease in payments for such year pursuant to the most recently adopted amended budget of the Authority for such year if any In the event the amount of service contribution fees and local government support payments exceed the percentage of revenues needed by the Authority including reasonable reserves pursuant to paragraph 5 above the Authority shall either remit such excess to the City and County or carry such excess over to the next fiscal year giving the City and County credit during such year for such excess Development of an Authority Strategic Plan 9 10 The Authority agrees to promptly commence and complete the development of a strategic plan involving the examination of types and levels of services needed and desired by the community including a conceptual development of options by which the Authority may obtain a level of revenue necessary to fully fund the costs of such services so that the Authority will be financially selfsufficient as originally contemplated by the Solid Waste Organizational Agreement It is the expectation of the parties to this Agreement that the Authority will complete and implement the strategic plan by no later than June 30 2010 Solid Waste Organizational Agreement The parties enter this Agreement notwithstanding any provisions in the Solid Waste Organizational Agreement conflicting with this Agreement and agree that in the event of any such conflicting provisions this Agreement shall control Voluntary City and County Funding Nothing in this Agreement shall be construed as creating a claim cause of action or right of recovery against either the City or the County by the Authority or by any creditor or claimant of the Authority The Authority acknowledges that neither the City nor the County is under any legal or equitable obligation to provide funding to the Authority but that each has voluntarily chosen to do so for the sole reason of insuring the continuation of a certain level of solid waste disposal and recyclingservices being provided by the Authority and the City and County each acknowledges that iri the event such funding is not made available to the Authority the Authority will necessarily have to curtail those services 11 NonAppropriation This Agreement is subject to the approval ratification and annual appropriations by the Charlottesville City Council and the Albemarle County Board of Supervisors of the necessary money to fund this Agreement for this and any succeeding fiscal years Should the City or the County fail to appropriate the necessary funding it shall give prompt written notice to the Authority and the other party of such nonappropriation and this Agreement shall automatically terminate without further notice by or to any Party 12 Amendment Any amendment to this Agreement must be made in writing and signed by the Parties 13 Governing Law This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia 14 Notices Any notice invoice statement instructions or direction required or permitted by this Agreement shall be addressed as follows a To the City Office of the City Manager PO Box 911 Charlottesville VA 22902 b To the County Office of the County Executive 401 McIntire Road Charlottesville VA 22902 c To the Authority Office of the Executive Director Rivanna Solid Waste Authority PO Box 979 Charlottesville Virginia 229020979 or to such other address or addresses as shall at any time or from time to time be specified by any Party by written notice to the other Parties 15 Integration Clause This Agreement and any amendment or modification that may hereafter be agreed to in accordance with the provisions herein constitutes the entire understanding between the Parties with respect to the matters addressed and supersedes any and all prior understandings and agreements oral or written relating hereto except for the Environmental Expenses MOU 16 Execution This Agreement may be executed in two or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument WHEREAS these terms are agreeable to the City of Charlottesville the County of Albemarle and the Rivanna Solid Waste Authority and each Party offers its signature as of the date below 1 ate THE COUNTY OF ALBEMARLE o c Date mas L Brick Jr Date Executive ector 8 THE CITY OF CHARLOTTESVILLE RIVA SOLID WASTE AUTHORITY Page 1 FIRST AMENDMENT TO LOCAL GOVERNMENT SUPPORT AGREEMENT AMONG THE CITY OF CHARLOTTESVILLE THE COUNTY OF ALBEMARLE AND THE RIVANNA SOLID WASTE AUTHORITY This First Amendment to Local Government Support Agreement (this “First Amendment”) is made this ___day of June, 2010 by and among the City of Charlottesville, Virginia (the “City”), the County of Albemarle, Virginia (the “County”) and the Rivanna Solid Waste Authority (the “Authority”), together referred to as the “Parties,” parties to the Local Government Support Agreement dated December 17, 2007 (the “Agreement”). WHEREAS, Paragraph 1 of the Agreement required the City to make certain payments to the Authority and required the Authority to make a reimbursement of a payment to the County, which payments and reimbursements have been made; WHEREAS, Paragraphs 2 and 3 of the Agreement required the Authority to no longer impose the service contribution fee on solid waste delivered by the City on and after July 1, 2008; WHEREAS, Paragraph 4 of the Agreement required the City and the County to proportionally fund or the Authority to make a proportional reimbursement to the City and the County based upon actual service fees collected by the Authority compared to the population of the City and the County until the first to occur of (i) full implementation of a strategic plan or (ii) June 30, 2010; WHEREAS, Paragraph 5 of the Agreement required the City and the County to proportionally fund operating deficits of the Authority based upon the population of the City and the County after June 30, 2010 in the event a strategic plan was not fully implemented; and, WHEREAS, a strategic plan for the Authority has not been implemented, however, the City and the County are willing to continue to fund operating deficits of the Authority for a limited period of time, but based upon usage of Authority facilities and services by City and County residents as opposed to population; NOW, THEREFORE, the Parties agree as follows: Page 2 1. Amendment of Paragraph 5 of the Agreement Paragraph 5 of the Agreement is hereby amended and restated as follows: 5. City’s and County’ Proportional Funding of Authority’s Projected Annual Operating Deficit If the Authority determines that despite any payment by either the City or the County pursuant to paragraph 4 above and all reasonable efforts to fund the operating expenses of the Authority that an operating deficit will exist, it shall prepare and adopt a budget, including reasonable reserves, balanced by using revenue to be contributed by the City and the County. For periods prior to and including the Authority’s fiscal year ending June 30, 2010, the amount of revenue to be contributed by the City and the County shall be determined on the basis of population at the time the budget is adopted by the Authority as reported for the most recent year by the University of Virginia’s Weldon Cooper Center for Public Service, rounded to the nearest tenth (1/10) of a percent. The percentage of each of the City’s and County’s portion of the revenue to be contributed will be calculated by dividing its population by the combined population of the City and County. For purposes of the budget for the Authority’s fiscal year beginning July 1, 2007, the percentage of the City’s portion of the revenue to be contributed shall be thirty percent (30%) and the County’s portion of the revenue to be contributed shall be seventy percent (70%). For the period beginning July 1, 2010 and continuing through December 31, 2010, the Authority shall allocate the cost of its operations, including administrative overhead, but excluding costs covered by the Environmental Expenses MOU, between (i) recycling operations and programs offered at the McIntire Recycling Center, including the paper sort facility, and (ii) all other operations. Administrative expenses of the Authority shall be allocated as follows: 20% to recycling operations, 50% to all other operations and 30% to remediation activities covered by the Environmental Expenses MOU. The amount of revenue to be contributed by the City and the County for any operating deficits related to recycling operations shall be thirty-three percent (33%) for the City and sixty-seven percent (67%) for the County based on the usage of the recycling facilities and services by the residents of the City and the County as determined by the Authority in its June, 2010 Windshield Survey of vehicles entering the McIntire Recycling Center. The amount of revenue to be contributed by the City and the County for any operating deficits related to all other operations shall be fifteen percent (15%) for the City and eighty-five percent (85%) for the County based upon the Authority’s accounting report of “Ivy Material Origin Usage Data” for the period beginning July 1, 2009 and ending April 30, 2010. Nothing in this Amendment or the 2007 Local Government Support Agreement shall be construed as obligating the City of Charlottesville or the County of Albemarle to make any further payments to RSWA for any period after December 31, 2010. 2. Defined Terms Capitalized terms used in this First Amendment not otherwise expressly defined herein shall have the meanings set forth in the Agreement. Page 3 2. Integration Clause The Agreement, as modified by this First Amendment, and any amendment or modification that may hereafter be agreed to in accordance with the provisions of the Agreement, constitutes the entire understanding between the Parties with respect to the matters addressed, and supersedes any and all prior understandings and agreements, oral or written, relating hereto, except for the Environmental Expenses MOU. Except as expressly amended hereby, the Agreement shall remain in full force and effect in accordance with it terms. 16. Execution This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WHEREAS these terms are agreeable to the City of Charlottesville, the County of Albemarle and the Rivanna Solid Waste Authority, and each Party offers its signature as of the date below. THE CITY OF CHARLOTTESVILLE: Maurice Jones Date Acting City Manager THE COUNTY OF ALBEMARLE: ______________________________ __________________ Robert W. Tucker, Jr. Date County Executive RIVANNA SOLID WASTE AUTHORITY: Thomas L. Frederick, Jr. Date Executive Director \11802275.1 Solid Waste Service Levels Attachment D Service Low County Involvement Medium County Involvement High County Involvement Municipal Solid Waste (MSW) Rely on private haulers and private transfer stations that allow individuals to drop off MSW Low + provide public convenience center for residents to bring materials Provide public transfer station and convenience centers site to provide easy access for residents Construction & Demolition Debris (CDD) Rely on private haulers and private transfer stations that allow drop off CDD Low + provide public convenience center for residents to bring materials Provide public transfer station and convenience centers site to provide easy access for residents Traditional Recycling (newspaper, metal cans, plastics, glass) Rely on private haulers and private transfer stations that allow individuals to drop off materials Low + provide public convenience center for residents to bring materials Provide public convenience centers throughout county to provide easy access for residents Vegetative Waste (leaves, limbs, etc.) Rely on private haulers and liberalized burning throughout County Low + provide public convenience center for residents to bring materials Subsidized mulching, either through private contract or public facility Other materials (tires, metal) Rely on private haulers and private transfer stations that allow individuals to drop off materials Low + provide public convenience center for residents to bring materials Provide public transfer station and convenience centers site to provide easy access for residents Appliances (Freon: refrigerators; non-Freon: stoves) Rely on private haulers and private facilities for disposal (e.g. Coiners) Low + provide public convenience center for residents to bring materials Provide service at public transfer station with freon recovery systems Household Hazardous Waste (oil, paints, pesticides) None / Rely on private options (e.g. oil at auto repair centers, paints to non-profit materials reuse) Annual or more frequent special collections at various County locations (e.g. twice /year ) Ongoing or regularly scheduled service provided as part of convenience centers Special Materials (e.g. Flourescent Bulbs, Batteries, computers, propane tanks) None / Rely on private options (e.g. private retailers, waste disposal firms) Provide annual or more frequent special collections at various County locations (e.g. twice / year ) Ongoing service provied as part of convenience centers (e.g. capacity to recycle CFLs) Other Possible Services Commercial Hazardous Waste Public Waste to Energy Facility Composting and mulching Peer Community Comparison Attachment E Service Low County involvement Medium County Involvement High County Involvement MSW Albemarle County 1 site, 3 private options outside of County Faquier County 6 sites Hanover County 6 sites James City County 3 sites (fees) Roanoke County Curbside Stafford County X Spotsylvania 13 sites Traditional Recycling Albemarle County 1 drop-off site, optional curbside w/ private haulers Faquier County 6 drop-off sites Hanover County Curbside opt-in; 6 drop-off sites James City County 3 drop-off sites Roanoke County 6 drop-off sites Stafford County 2 drop-off sites Spotsylvania 13 sites Vegetative Waste Albemarle County 1 drop-off site Note: more liberal burning law than many localities Faquier County X Hanover County 5 drop-off sites James City County 1 drop-off site Roanoke County Curbside Stafford County Mulching Spotsylvania Mulching Appliances + Bulky Waste Albemarle County 1 drop-off site, private option for drop- off in City Faquier County X Hanover County 6 drop-off sites James City County 3 drop-off sites Roanoke County Curbside Stafford County 2 drop-off sites Spotsylvania X HHW (oil, paints, etc) Albemarle County 1 event / year Faquier County X Hanover County 6 drop-off sites * James City County 5-6 events/year (free) Roanoke County Monthly *Once/year collection for less common items Stafford County 3-4 events/year Spotsylvania 2-3 events/year Special Materials Albemarle County 1 event / year Faquier County X Hanover County X James City County 5-6 events/year Roanoke County X Stafford County X Spotsylvania X - no bulbs, batteries X - E -Waste CDD Albemarle County 1 limited in County, 3 private options outside of County Faquier County X Hanover County Transfer Station James City County X Roanoke County X Stafford County X Spotsylvania X Peer Community Comparison Attachment E Total Budget FY11 Total # FTEs - solid waste/rec Albemarle County *$350,000 0 County, RSWA = 15.85 Faquier County $ 2.6 M 39 Hanover County $4 M 32 James City County $1.4 M 6.5 Roanoke County $3.2 M 34 Stafford County**$0 0 Spotsylvania $3.9 M 25 (+ 50 part-time) * Note that cost reflects County Cost, not RSWA budget. Fees cover most costs. RSWA staffing includes environmental mitigation for closed landfill cells, This cost covered by separate City / County / Uva agreement **Rappahannock Regional SW Mgt Board provides services for Stafford Co and Fredericksburg. None of their operation, including landfill/convenience site staff, is funded by taxpayer dollars. They make $$ from tipping fees and selling recyclables. Noted they operate their own landfill, providing much better funding options for other services MEMORANDUM TO: RIVANNA SOLID WASTE AUTHORITY BOARD OF DIRECTORS FROM: LONNIE WOOD, DIRECTOR OF FINANCE AND ADMINISTRATION REVIEWED BY: THOMAS L. FREDERICK, EXECUTIVE DIRECTOR SUBJECT: JULY 2010 FINANCIAL SUMMARY DATE: AUGUST 24, 2010 The results of operational and remediation activities for the fiscal year are summarized below and in the attached statements. Operational Remediation Results Results Total Total Revenues & Support 151,649$ 150,583$ 302,232$ Total Expenses 196,523 53,277 249,800 Surplus/(Deficit)* (44,874)$ 97,306$ 52,432$ * Cash reserves from prior year contributions are used for current year remediation deficits The expenses for Recycling are running higher than budget estimates due to the leave payout of two employee terminations. The one time annual payment for property and liability insurance is also contributing to the high expenses for July not only in recycling but other cost centers. The straight-line monthly average budget for insurance is $2,500 for the entire authority and the payment was for $27,800. The budget was approved with the assumption that the contract tonnages at Ivy were not going to continue; however, those tonnages are continuing and the budgeted revenues and expenses compared to actual for the Ivy Transfer station will be affected as long as the existing Waste Management agreement remains in place. The net effect on the budget deficit will likely be minimal. Last month’s Executive Director report communicated this issue to the Board which was that continuing the contract with Waste Management and the related tonnages has very little overall net budget impact. 6a T:\Board\RSWA\Board Meetings 2010\August 2010\SWA JULY 2010 FINANCIAL COMMENTS.doc RIVANNA SOLID WASTE AUTHORITYREVENUE AND EXPENSE SUMMARY REPORTFISCAL YEAR 2011FOR THE MONTH ENDED 7/31/10*Budget Target Rate:8.33%OperationsBudgetActual Y-T-D BudgetActual Y-T-D BudgetActual Y-T-D BudgetActual Y-T-D BudgetActual YT-DREVENUESIvy Tipping Fees 209,500$ 33,056 209,500$ 33,056 Ivy MSW Tipping 660,000 72,999 660,000 72,999 Material Sales-Ivy 105,500 9,742 105,500 9,742 Recycling 249,000 22,254 249,000 22,254 Other Revenues 280,000 12,075 280,000 12,075 Interest and Late Fees 19,050 1,523 19,050 1,523 Total Revenues 1,523,050$ 151,649$ 595,000$ 54,873$ 660,000$ 72,999$ 249,000$ 22,254$ 19,050$ 1,523$ Budget vs. Actual* 9.96% 9.22% 11.06% 8.94% 7.99%EXPENSESIvy Operations 379,473 29,997 379,473 29,997 MSW Transfer-Ivy 917,035 89,647 917,035 89,647 Recycling Operations 353,884 50,626 353,884 50,626 Administration 359,553 36,851 359,553 36,851 Total Expenses 2,009,945 207,122 379,473 29,997 917,035 89,647 353,884 50,626 359,553 36,851 Budget vs. Actual* 10.30% 7.90% 9.78% 14.31% 10.25%Subtotal(486,895)$ (55,473)$ 215,527$ 24,876$ (257,035)$ (16,648)$ (104,884)$ (28,372)$ (340,503)$ (35,329)$ Administrative allocations:Administrative costs to Envir. MOU (below)102,151 10,599 102,151 10,599 Administrative costs to Operations- - (85,126) (8,832) (85,126) (8,832) (68,101) (7,066) 238,352 24,730 Net Operating Income (Loss)(384,744)$ (44,874)$ 130,401$ 16,044$ (342,161)$ (25,480)$ (172,985)$ (35,437)$ -$ -$ Other Funding SourcesLocal Government Contributions 384,745 - Use of Reserves - 44,874 Surplus (Deficit) - Operations1$ -$ Environmental ProgramsBudgetActual Y-T-DREVENUESRemediation Support 875,480 150,583 Other Revenues - Climate Credits - - Total Revenues 875,480 150,583 Budget vs. Actual* 17.20%EXPENSESIvy Environmental 1,460,229 24,488 Debt Service 213,100 18,191 Administrative Allocation 102,151 10,599 1,775,480 53,277 Budget vs. Actual* 3.00%Cash Reserves Used900,000 - Surplus (Deficit) - Environmental-$ 97,305$ Total Surplus (Deficit) 1$ 97,305$ ADMIN.OPERATIONS SERVICESTRANSFERMSW-IVY RECYCLEIVYOPERATIONSSWA Monthly Results FY 2011 - Jul.xlsPage 1 Rivanna Solid Waste AuthorityMonthly Financial Status ReportFY 2011JulyYear-to-DateRevenuesIvy Tipping Fees 33,056$ 33,056$ Ivy MSW Tipping 72,999 72,999 Material Sales - Ivy 4,521 4,521 Recycling 22,254 22,254 Other Revenues 17,296 17,296 Remediation Support 150,583 150,583 Interest & Late Fees 1,523 1,523 Total Revenues302,232 302,232 ExpensesIvy-Operations 29,997 29,997 Ivy-Environmental 24,488 24,488 MSW -Ivy 89,647 89,647 Recycling Operation 50,626 50,626 Administration 30,168 30,168 Administration-Legal 6,684 6,684 Debt Service 18,191 18,191 Total Expenses249,801 249,801 Net Operating Income (Loss) 52,431 52,431 Other Funding SourcesLocal Government Contributions - - - Use of Cash Reserves44,874 44,874 Surplus (Deficit)97,305 97,305 SWA Monthly Results FY 2011 - Jul.xlsPage 2 Rivanna Solid Waste AuthorityMonthly Cash Flow ReportFY 2011JulyNet Operating Income52,431$ Adjustments for cash flow purposes to show funds available for operations:Local Government Contributions - (Increase) decrease in accounts receivable (48,696) Increase (decrease) in accounts payable (204,165) Capital reserve fund interest not available in operating cash (230) Trust fund interest not available in operating cash (3) Increase (Decrease) in Operating Cash (200,664) Operating Cash Balance - Beginning4,720,849 Operating Cash Balance - Ending4,520,186$ SWA Monthly Results FY 2011 - Jul.xls Page 3 Rivanna Solid Waste Authority Fiscal Year 2010 July 2010 Revenue Detail Report Budget Actual Budget Budget Actual Budget Variance Revenue Line Item FY 2011 YTD FY 2011 YTD YTD vs. Actual % IVY TIPPING FEES Clean Fill Material 5,000 1,565 40,000 3,333 12,614 9,280 278.41% Grindable Vegetative Material 2,300 344 110,400 9,200 16,986 7,786 84.63% Pallets 125 8 6,000 500 398 (102) -20.32% Tires, Whole 130 3 24,700 2,058 498 (1,561) -75.82% Sludge Acceptance 1,050 136 8,400 700 1,085 385 55.02% Tires/White Good (per item) 20,000 1,667 1,476 (191) -11.44% Subtotal 8,605 2,056 209,500$ 17,458 33,056$ 15,598$ 89.34% TRANSFER STATION - IVY Ivy - Contract Loading - UVA - 341 -$ - 1,844$ 1,844 Ivy - Contract Loading - County - 1,130 - - 7,658 7,658 Ivy - MSW TS 10,000 900 660,000 55,000 63,497 8,497 15.45% Subtotal 10,000 2,372 660,000$ 55,000 72,999$ 17,999$ 32.73% MATERIAL SALES - IVY Encore 11,000$ 917 1,382$ 465 50.71% Metals 30,000 2,500 1,969 (531) -21.26% Wood Mulch & Chips 14,000 1,167 1,105 (61) -5.27% Hauling Fees 50,000 4,167 5,221 1,055 25.31% Other Materials 500 42 65 24 57.06% Subtotal 105,500$ 8,792 9,742$ 950$ 10.81% RECYCLING Material Sales 193,000 16,083 20,330 4,246 26.40% Other Materials & Services 10,000 833 547 (286) -34.30% Grants 15,000 1,250 - (1,250) -100.00% Hauling Fees 31,000 2,583 1,377 (1,206) -46.69% Subtotal 249,000$ 20,750 22,254$ 1,504$ 7.25% OTHER REVENUES Service Charge Fees 60,000$ 5,000 4,832$ (168) -3.36% Environmental Credit - - - Other Revenues 220,000 18,333 7,243 (11,090) -60.49% Subtotal 280,000$ 23,333 12,075$ (11,258)$ -48.25% REMEDIATION SUPPORT UVA Contribution 79,982$ 6,665 79,982$ 73,317 1100.00% County Contribution 513,096 42,758 - (42,758) -100.00% City Contribution 282,402 23,534 70,601 47,067 200.00% Subtotal 875,480$ 72,957 150,583$ 77,626$ 106.40% INTEREST AND LATE FEES Trust Fund Interest 50$ 4 3$ (1) Finance Charges 4,000 333 192 (141) -42.34% Capital Reserve Fund Interest - - 230 230 Operating Investment Interest 15,000 1,250 1,097 (153) -12.23% Subtotal 19,050$ 1,588 1,523$ (65)$ -4.07% Total 18,605 4,427 2,398,530$ 199,878$ 302,232$ 102,354$ 51.21% RevenueTonnage Page 4 Rivanna Solid Waste AuthorityHistorical Material Tonnage Report - RecyclingCalendar Years 2007-2010Calendar Calendar Calendar CalendarYear Year Year Year2007 2008 2009 2010(Jan-June)In U.S. TonsFiber Products (including County Program)News Paper (Magazines, Catalogs) - Paper Sort 893 538 331 208 - McIntire 1,334 1,220 1,044 300 Card Board (Corrugated) 849 861 587 225 Mixed Paper (Brown Paper) 812 725 523 202 File Stock (Office Paper) 348 368 312 131 Total Fiber Products4,236 3,712 2,797 1,066 Other ProductsGlass (All grades) (See note**) 744 872 835 300 Metal (Cans) 91 94 112 53 Plastic 169 143 190 50 Total Other Products1,004 1,109 1,137 403 Total5,240 4,821 3,934 1,469 **Note: includes glass crushed and used on roadsPage 5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Total Compensation Report SUBJECT/PROPOSAL/REQUEST: Salary and benefits market data for use in budget development for FY11-12; insurance premiums and Virginia Retirement System (VRS) contributions STAFF CONTACT(S): Messrs. Tucker, Foley, and Davis, and Ms. Gerome LEGAL REVIEW: Yes AGENDA DATE: October 6, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In November 2000, the Board of Supervisors and the School Board approved a Total Compensation Strategy to target employee salaries at 100% of an adopted market median and benefits slightly above market levels. The adopted market approved by the Boards is shown in Attachment 1 and consists of 26 school divisions, 26 localities, 1 combined school division/local government and three other organizations. The Boards have continued to recognize the importance of providing competitive salaries and benefits. As indicated in the recent Human Resources Annual Report, an increasing number of employees reach eligibility for retirement benefits every year. As it is critical for Albemarle County to focus on retaining existing employees and recruiting skilled new employees, the County’s total compensation plan is designed and evaluated in light of those objectives. This report details the supporting analysis for the recommendations to achieve the adopted Total Compensation Strategy for last year and for the Boards to consider in giving budget guidance to the County Executive and Superintendent for next year. These projections are presented to the Boards for their information regarding the FY11 - 12 budget process. It is noted that all final funding to implement these recommendations is subject to, and based upon, available revenues and Board direction. This report provides information on: 1) Compensation Strategies ( Attachments 2 and 3) 2) Benefits Strategies: Medical, Dental and VRS (Attachments 4 and 5 ) 3) Wellness Updates (Attachment 6) DISCUSSION: 1) Compensation Strategies The adopted Total Compensation Strategy, jointly adopted by the Board of Supervisors and School Board, is detailed in Attachments 2 and 3. Last year, the projections based on the adopted strategy presented in October were to increase the classified salary scale by 1%, fund a classified merit increase of 2.88% and fund teacher increases by 2.25%. However, due to revenue shortfalls and the prevailing market trend of no increases, the Boards neither changed the salary scale nor funded any salary or step increases for a second year. The attached information on the compensation strategy is provided to both Boards to consider regarding development of the FY11-12 budget. As the information in attachment 2 indicates, based on a review of our adopted market and the Worldatwork projection of 1.95%, the actions necessary to achieve the adopted strategy include: a 1% scale adjustment, 2.3% salary increase, and a teacher scale and step increase of 1.95%. 2) Benefits Strategies The adopted Benefits Strategy, jointly adopted by the Board of Supervisors and School Board, is to maintain a benefit program that is slightly above market. Medical and Dental insurance and the VRS benefit are the largest components of that benefit strategy. The information provided in the attached Benefits Strategies (attachment 4) details the analysis of those benefit programs and recommendations to remain consistent with the jointly adopted strategy. AGENDA TITLE: Total Compensation Report October 6, 2010 Page 2 Medical and Dental Coverage To provide options for employees designed to meet individual needs and offer affordable health care choices, three medical plans with varying deductibles, co-pays and premiums have been offered for several years. In order to maintain comparability with other health plans and for cost savings, a number of plan design changes were implemented, particularly to the high plan which has a rich benefit compared to the Boards’ adopted market. Market data on the total cost of the medical and dental plans is shown, indicating that the individual plan relative to our market is high, yet the total cost of the family plan is somewhat lower than market. Staff plans to further review this data and bring forward recommendations in the future to assure we are more in line with market for both individual and family coverage. Regarding premiums for the coming fiscal year, our projected medical cost increase is 5% and our projected dental cost increase is 7%. However, based on the current projected Health Care Reserve Fund balance, staff recommends utilizing our strong reserves to offset the projected medical increase in the coming fiscal year. Virginia Retirement System (VRS) Employees hired after July 1, 2010 and not currently in the VRS Plan 1 are provided retirement benefits under VRS Plan 2 and are currently required to pay the 5% member contribution. The Boards are enabled by state law to either elect to pay this contribution or require the VRS Plan 2 employee to do so. The Boards directed staff to assess market trends and present a recommendation for FY2011-12. Market data included in attachment 4 indicates that only one school division (out of 26) and ten localities (out of 27) in the Boards’ adopted market are requiring newly hired employees to fund the member contribution. Most localities and school divisions throughout the state have chosen to fund that amount. Based on the Board’s adopted strategy to target benefits slightly above market, it is recommended that the Joint Boards fund the employee member contribution for FY2011-12. In addition, based on the market and state-wide data, staff also believes the County will have a hard time recruiting new hires not currently in VRS. At the previous meeting of the two Board’s regarding the VRS benefits, it was suggested that higher salaries could be offered to newly hired employees required to contribute the 5% member contribution in an effort to offset that contribution. As indicated in attachment 4, creating a second salary scale is not a desirable option for several reasons. The salary costs would actually be increased due to higher payroll taxes and benefits costs . Additionally, inequities are not alleviated by offering higher salaries, as those employees with inflated salaries would receive greater VRS and Social Security benefits. Health Care Reserve Fund As the information on the Health Care Reserve Fund indicates (attachment 4), the opportunity exists for the Boards to fund a one-time lump sum bonus payment for employees. Because the reserve is stronger than projected due to our claims experience, the budgeted medical increase for FY 2010-11 was funded from the Health Care Reserve Fund, resulting in a cost savings in the General Fund. Staff recommends that the Boards consider utilizing this savings by providing a one-time bonus payment of $350 to employees to show appreciation of their dedicated service during times of employee cutbacks, assuming additional duties and staffing reallocation. 3) Wellness Updates Information on the comprehensive wellness program for employees is detailed in Attachment 6. BUDGET IMPACT: These projections are presented to the Boards for consideration in providing direction for FY011-12 budget preparation. It is noted that all final funding is subject to, and based upon, available revenues and Board direction. AGENDA TITLE: Total Compensation Report October 6, 2010 Page 3 RECOMMENDATIONS: Staff recommends approval of the following: 1. Establish a budget target for providing a 2.3% salary increase for classified employees and a 1.95% increase for teachers based on WorldatWork data. Final recommendations by the County Executive and Superintendent will be based on additional market data and the availability of adequate funding. 2. Increase the classified salary scale by 1% 3. Use a portion of the Health Care Reserve Fund to offset any increase in employee and employer premium costs for the coming year. The projected increase in medical is 5%. 4. Plan for a 7% increase in dental plan costs. 5. Fund a one-time $350.00 lump sum bonus out of cost savings resulting from using reserves to fund the medical premium increase for FY10-11. 6. Pick-up the five percent (5%) member contribution to VRS for VRS Plan 2 employees, effective July 1, 2011. ATTACHMENTS 1 - Adopted Competitive Market 2 - Compensation Strategy 3 - Teacher Scale Relative to Market 4 - Benefits Strategy 5 - Individual Medical Costs – Market, Insurance Medical Family - Market 6 – Wellness Updates Return to regular agenda Attachment 1 Augusta County Hanover County City of Charlottesville James City County City of Chesapeake Loudoun County City of Danville Louisa County City of Harrisonburg Madison County City of Lynchburg Montgomery County City of Roanoke Nelson County City of Staunton Orange County City of Virginia Beach Prince William County City of Williamsburg Roanoke County Buckingham County Rockingham County Chesterfield County Spotsylvania County Fauquier County Albemarle County Service Authority Fluvanna County Martha Jefferson Hospital Greene County UVA Health Systems Albemarle County Adopted Competitive Market Attachment 2 Compensation Strategy To maintain competitive compensation based on the adopted strategy, two separate, but related actions are required: 1) Ensure a competitive salary scale so that the County/School Division is able to attract and recruit new employees. 2) Ensure current employees are rewarded for job performance by maintaining internal equity in their pay range and also maintaining market competitiveness for similar skills through granting competitive salary increases. To adhere to the Boards' adopted strategy, we implement the following processes each year: 1) Annually survey the adopted market to determine the salary scale adjustment implemented in those localities/schools for the current fiscal year. 2) Annually survey the adopted market to determine the average total salary increase granted employees in those localities/schools for the current fiscal year. 3) This market data is analyzed to ascertain where the salary scales and increases (both classified employee and teacher) for Albemarle County stand relative to the adopted market. 4) Obtain data on what other organizations are projecting for salary increases for the next fiscal year through a compensation database (WorldatWork, Eastern Region). This data is used to project the merit increase percentage and develop the teacher scale, including step increases. Step 1: FY10-11. Survey the market to determine if the scale adjustment implemented for classified/administrator and teacher pay scales achieved the strategy. Classified/Administrator Scale Adjustments - Target median of adopted market A competitive scale is important in attracting new hires. For classified employees, the scale adjustment impacts new hires and any employees with pay rates that might fall below the new minimums. The Albemarle County scale was again not adjusted in FY10- 11. In reviewing the salary scale data, our adopted market also did not increase their scales for a second year. However, since we were below the market by -0.76% from FY08-09, our current scale remains below market by -0.76 %. Step 2: FY10-11. Survey the market to determine if the total salary increase implemented for classified pay achieved the strategy. Classified Total Salary Increases - Target median of adopted market We again did not have a salary increase for FY10-11. The median salary increase amount implemented by our adopted market in FY10-11 was also 0% for a second year. However, we were below the market by -0.35% from FY08-09, which results in our salaries remaining below market by -0.35%. Teacher Scale Adjustments - Target top quartile (75th percentile) of adopted market We again did not apply an increase to the teacher scale; however market data indicates that we are in the top quartile at most steps. Our teacher scales are in the top quartile at: minimum, 5 years, 10 years, 15 years and 30 years. Similar to last year’s data, we did not quite reach the top quartile at T20 andT25 but are very close. This is shown in Attachment # 3. Attachment 2 Step 3: Projections for FY11-12. Based on current market position and scale/salary projections, determine the changes necessary to achieve the Joint Board approved strategy using the WorldatWork, Eastern Region data. Classified/Administrator Scale Adjustments The scale adjustment impacts new hires and any employees with pay rates below the new minimums. Adopted Market Salary Scale Median: 0% Albemarle Scale Relative to Market: -0.76% WorldatWork projection for Eastern Region (including Virginia):1.4% FY11-12 scale adjustment: 1% as the scale adjustment is considered relative to the merit increase to minimize compression issues. Classified/Administrator Salary Increase (merit percentage) Adopted Market Median increase: 0% Albemarle Salary Increase Relative to Market: -0.35% WorldatWork projection for Eastern Region (including Virginia): 1.95% FY11-12 salary increase: 2.3 % Teacher Scale and Teacher Average Salary Increase Albemarle Teacher Scale Relative to Market-meet target except at T20 and T25. Teacher scale - based on the projected total increase from WorldatWork: 1.95% FY11-12 scale and step increase: 1.95%, increase would include the step increase. WorldatWork Projections Compared to Adopted Market As the information below illustrates, the WorldatWork projection generally has been a reasonable indicator to rely on for our market projections. However, given the continuing state of the economy and the challenges faced by local governments and school divisions, for the last two years this projection has not been as accurate. 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 WorldatWork Projection 3.7% 3.65% 3.65% 4% 3.3% 2.25% Adopted Market Median Increase 4% 4% 4% 3.63% 0% 0% $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 Min 5 years 10 years 15 years 20 years 25 years 30 yearsAnnual SalaryExperience Teacher Salary Market Comparison 2010-11 Top Quartile Albemarle Attachment 3 Attachment 4 Benefits Strategy Medical Insurance As the medical plan is a critical component of the benefits package, the plan design and employee premium levels of our medical plan are carefully reviewed every year. The Health Care Executive Committee (HCEC) works routinely with Mr. Tom Mackay, our benefits consultant with KSPH Employee Benefit Management to review our health care plan, claims experience, and reserve balance. The goals of the HCEC in developing our recommendations for the 2010-2011 medical plans were to: continue to offer affordable and market competitive options target reserves to approximately 20% of total plan costs insure plans are in compliance with Health Care Reform maintain our competitive position for benefits (slightly above market median) Medical Plan Design To provide options for employees designed to meet individual needs and offer affordable health care choices three plans with varying deductibles, co-pays and premiums have been offered for several years. The majority of employees are enrolled in the high plan, which has a rich plan design and will need to be modified to remain in line with our market. In order to maintain comparability with other health plans and for cost savings, the HCEC reviewed a number of plan design changes, particularly to the high plan. The following plan design changes occurred effective October 1, 2010: Changes to High Plan: Decrease coinsurance (from 100% to 95%) Increase out of pocket maximum (from $1000/$2000 to $1500/$3000) Increase urgent care copayment (from $30 to $35) Add copayment for physical therapy (from $0 to $10) Increase emergency room copayment (from $100 to $150) Change outpatient surgery and specialty diagnostic service coverage (from $100 to 5% coinsurance) Change Lab and diagnostic services (to be paid at 95% from 100%) Change inpatient hospital coverage (from $200 to 5% coinsurance) Prescription co-pays to change as follows: o Generic - $5 to $7 o Tier II - $25 to $30 o Tier III - $40 to $45 Changes to Middle Plan: Increase emergency room copayment (from $100 to $150) Prescription co-pays to change as follows: o Generic - $5 to $7 o Tier II - $25 to $30 o Tier III - $40 to $45 Change to Low Plan: Prescription co-pays to change as follows: o Generic - $5 to $7 o Tier II remains at $30, Tier III remains at $50 Attachment 4 In addition, to comply with two provisions of Federal Health Care Reform the following changes to the medical plan for 2010-2011 were made: Coverage must be provided for dependent children up to age 26 (up from age 24), regardless of student, marital or tax status; Lifetime dollar limits must be eliminated (from $2,000,000 limit); Preventive benefits covered at 100% will be expanded. In comparing total plan costs to market, it is important to note that many localities subsidize spouse and dependent coverage, although we do not. Therefore, the total cost of the individual plan relative to our market is high, yet the total cost of the family plan is somewhat lower than market. (Attachment 5 ). However, the plan design of the high plan is also rich relative to the market. In order to bring the total cost and plan design more in line (while recognizing the benefits strategy to be slightly above market) plan design changes will be made, particularly in regard to the high plan for next year. Dental Insurance Dental claims were below projections, resulting in a 0.2% increase instead of the previously projected 5%. As the plan design is below market in several areas, the HCEC recommended addressing some of those plan issues, rather than decreasing the budgeted increase. The changes effective October 1, 2010 included: Adding prevention first benefit to both Basic and High plans so that visits for preventive and diagnostic services are not counted against the plan year maximum Adding coverage for implants under major services on High plan Health Care Reserve Fund As our medical plan is self-insured, the County is responsible for all claims and our projections are based on the best historical and trend analysis information at the time. If claims exceed our revenue collections the difference is paid from our reserves. Likewise, if revenue exceeds claims the difference is added back to our reserves. Reserve funds serve to cover any difference between claims paid, but not covered by the revenues (employee premiums collected & Board contributions). To meet this goal, a reserve balance of 20% of total claims is recommended. Last spring the HCEC identified that as a result of our medical claims running below projections, the Health Care Reserve Fund had a larger balance than anticipated. Therefore, the reserve was used to fund the FY 2010-11 budgeted plan increase. At that time, staff indicated that a recommendation for the $1,216,000 cost savings realized in the operating budget would be forthcoming to the Joint Boards this fall. Staff recommends that the Joint Boards consider offering employees a one-time bonus payment of $350 as an affordable way to show appreciation of their dedicated service during the past two years of staffing reductions and reallocation. To receive the bonus, an employee must have been hired on or before December 31, 2009. A one-time bonus does not create an ongoing future salary obligation, yet acknowledges the impact of the current economic situation and it’s impact on the organization and our workforce. FY11-12 Plan Year Projections - Medical and Dental Based on claims data and trend information provided by our benefits consultant Tom Mackay with KSPH, our projected medical cost increase for FY11-12 is 5%. However, based on the current balance in the Health Care Reserve Fund, staff recommends utilizing our strong Attachment 4 reserves to offset the projected medical increase in the coming fiscal year. Staff plans to do additional analysis of the reserve to determine if further savings may be possible in the future. This analysis will include consideration of potential future plan increases as a result of Federal Health Care Reform. Our dental insurance cost increase is estimated at 7%. As we have just started the new plan year, staff will continue to monitor claims experience and develop recommendations for both plan design and premiums as part of the County Executive's and Superintendent's budget proposals. Review of VRS The Virginia General Assembly adopted several benefit plan changes for VRS for employees hired on or after July 1, 2010. At the June 9, 2010 Joint Board meeting, staff presented information on those plan design changes. One change stipulated that employees hired on or after July 1, 2010 with no prior service credit (VRS ‘Plan 2’ employees) must pay their VRS member contribution unless their employer elects to pick-up (in whole or in part) the five percent (5%) member contribution. Localities and school divisions may elect to pick-up, in whole or in part (in whole percent increments) the 5% member contribution for their new VRS Plan 2 employees. The employer’s decision to pay all or a portion of the member contribution for new employees is not irrevocable; however that decision must remain in effect for a full fiscal year (July 1 – June 30). Any change becomes effective the beginning of the next fiscal year. VRS requires that a resolution be adopted by any county or school board that elects to pay any portion of the employee contribution. The Joint Boards did not take action at the June meeting; therefore by default employees hired after July 1, 2010 and not already in the VRS Plan 1 are required to pay 5% of their salary for their member contribution. The Joint Boards directed staff to assess market trends and present a recommendation for FY2011-12 to the Joint Boards in early fall. Market data indicates that the majority (74%) of the Joint Board adopted market is not requiring newly hired employees to fund the member contribution. Attachment 4 Most localities and school divisions throughout the state have chosen to cover their employees’ contribution as data obtained from VRS indicates. Based on this data, the impact on our ability to recruit new hires not currently in VRS will be negatively impacted, particularly for teachers and public safety positions. Offering higher salaries to compensate for this inequity is not a desirable option as it would not alleviate inequities and salary costs would be increased by higher payroll taxes and higher benefit costs. While having a higher salary scale for those VRS Plan 2 employees may seem like a way to make them ‘whole’ from the employee contribution deduction, there are a number of undesired effects that would occur, including: Because of a higher base salary, the County would experience higher costs in terms of life insurance premiums, FICA obligations, and the employer contribution for VRS would increase. 0%20%40%60%80%100% Member Paid Employer Paid Member Paid Employer Paid Member Paid Employer Paid School BoardsGovt. EntitiesTotal Adopted Market1 25 10 17 11 42 0 50 100 150 131 School Divisions 141 Local Governments Employee contributes Employer funds member contribution Attachment 4 There would also be an unfair advantage to Plan 2 employees with inflated salaries as they would receive greater VRS and Social Security benefits as the base salary is used in these retirement calculations. It would become harder to determine if Albemarle County salaries are market- competitive as we would need to factor two different salary scales in to benchmarking against our adopted market. Some employees, particularly in the School Division, switch between being VRS-eligible and ineligible frequently; their salaries would have to be adjusted each time to compensate for this, which is both a high administrative burden to the employer and difficult to explain to the employee. Even for employees who do not switch back and forth, the perception will inevitably be that there is inequity between the two salary scales and communication around this would be a challenge. Defined benefit plans such as VRS continue to remain the trend in public sector retirement plans at this time. Therefore, to remain consistent with the Joint Board approved Total Compensation target for benefits to be slightly above our adopted market, it is recommended that Albemarle County fund the employee member contribution. Due to the other VRS plan design changes implemented in July, there are already inequities between VRS Plan 1 and Plan 2 employees. However, these differences are not as disparate as requiring the member contribution to be paid by the employee. Requiring new employees with no prior VRS service to pay a portion of the contribution creates equity issues with regard to total compensation. Attachment 5 $0 $100 $200 $300 $400 $500 $600 $700 $800 Augusta LG Charlottesville LG Chesterfield LG Chesapeake LG Roanoke, City LG Fauquier LG Fluvanna LG Hanover LG Lynchburg LG Montgomery LG Prince William LG Roanoke, County LG Rockingham LG Staunton LG Virginia Beach LG Nelson LG Greene LG Augusta Schools Charlottesville Schools Chesapeake Schools Fauquier Schools Fluvanna Schools Harrisonburg Schools Louisa Schools Montgomery Schools Orange Schools Roanoke, County Schools Rockingham Schools Loudoun Schools Prince William Schools Spotsylvania Schools Albemarle Employer Cost Medical Employee Premium Medical Employer Cost Dental Employee Premium Dental Average Total Benefits Cost: $521.15, Albemarle County: $663.16 (21.41% higher) Individual Total Benefits Costs Attachment 5 $0 $500 $1,000 $1,500 $2,000 $2,500 Augusta LG Charlottesville LG Chesterfield LG Chesapeake LG Roanoke, City LG Fauquier LG Fluvanna LG Hanover LG Lynchburg LG Montgomery LG Prince William LG Roanoke, County LG Rockingham LG Staunton LG Virginia Beach LG Nelson LG Greene LG Augusta Schools Charlottesville Schools Chesapeake Schools Fauquier Schools Fluvanna Schools Harrisonburg Schools Louisa Schools Montgomery Schools Orange Schools Roanoke, County Schools Rockingham Schools Loudoun Schools Prince William Schools Spotsylvania Schools Albemarle Employer Cost Medical Employee Premium Medical Employer Cost Dental Employee Premium Dental Average Total Benefits Cost: $1,316.80, Albemarle County: $1,047.16 (20.48% lower) Family Total Benefits Costs Attachment 6 Wellness Updates In October 2006, the Joint Boards approved a comprehensive wellness program for employees, consisting of five phases: Phase 1: Comprehensive Health Assessments to be completed every 2 years Phase 2: Develop and prioritize a needs assessment Phase 3: Implement life changing programs & telephonic health coaching Phase 4: Develop additional services to assist employees in their wellness efforts (Onsite medical clinic, possible wellness subsidies, etc.) Phase 5: Healthcare rewards and expansion of program to include dependents The source of funding is the Health Care Reserve Fund. The wellness program is offered to CATEC, Albemarle County Regional Jail, Blue Ridge Detention Center and Albemarle County Service Authority, as those entities offer the Albemarle County health insurance coverage to their employees. To assist employees in leading healthier lifestyles, some of the programs implemented include: Initial Health Status Measurements: after evaluating the results, and prioritizing the needs of our population, numerous programs were offered including skin cancer screening, mobile mammography and educational sessions. Medically Supervised Weight Loss Program: involved collaboration by Southern Health, ACAC, and Family Medicine of Albemarle and was designed as a pilot program to target individuals with a body mass index (BMI) greater than 35, or BMI greater than 30 with at least 1 co-morbid disease such as diabetes or hypertension. Wellness Committee: established to promote wellness initiatives throughout the County and School Division.