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HomeMy WebLinkAbout2013-10-02Tentative BOARD OF SUPERVISORS T E N T A T I V E OCTOBER 2, 2013 COUNTY OFFICE BUILDING 9:00 A.M. – AUDITORIUM 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Adoption of Final Agenda. 5. Brief Announcements by Board Members. 6. From the Public: Matters Not Listed for Public Hearing on the Agenda. 7. Consent Agenda (on next sheet). 8. Recognitions: a. GFOA Certificate of Achievement for Excellence in Financial Reporting for FY12. b. Kelly Okken, Albemarle’s Purchasing Agent, awarded the Virginia Association of Governmental Purchasing (VAGP) Manager of the Year Award. c. Lauren Eddy, National Certified Election and Voter Registration Administrator. Discussion/Action Items: 9. Albemarle County Debt Financing – 2013. 10. Virginia Tourism Development Financing Program - Tourism Zone Ordinance (continued from September 4, 2013). 11. Extending High Speed Internet Service to Rural Areas. 12. Closed Meeting. 13. Certify Closed Meeting. 14. Boards and Commissions: Vacancies/Appointments. 1:30 p.m. - Public Hearings: 15. FY 14 Budget Amendment and Appropriations. Discussion/Action Item: 16. Career Firefighters Serving as Volunteers Within the Same Jurisdiction. Presentation: 17. FY15 VDoT Revenue Sharing Program Participation. 18. VDoT Monthly Report, Joel DeNunzio. 19. JAUNT Annual Report, Donna Shaunesey. Work Session: 20. Stormwater Regulations – Work Session #4 (Municipal Separate Storm Sewer System (MS4) Program and Total file:////coba-webapp01/BOSForms/Agenda/2013Files/1002/0.0_Agenda.htm (1 of 3) [10/5/2020 1:36:35 PM] Tentative Maximum Daily Loads (TMDLs). 21. From the Board: Committee Reports and Matters Not Listed on the Agenda. 22. From the County Executive: Report on Matters Not Listed on the Agenda. 23. Adjourn to 1:00 p.m., October 9, 2013. CONSENT AGENDA FOR APPROVAL: 7.1 Approval of Minutes: July 3, 2013. 7.2 Proclamation recognizing October 2013 as Disability Employment Awareness Month. 7.3 Resolution recognizing Oct. 5, 2013 as Local AIDS Walk. 7.4 Proclamation recognizing October 2013 as Domestic Violence Awareness Month. 7.5 SDP-2013-025. Cascadia Final Site Plan Variations. 7.6 Community Advisory Council Appointment Procedures. 7.7 Memorandum of Understanding Between the County of Albemarle and the Economic Development Authority of Albemarle County, Virginia. 7.8 Amendments to Economic Development Authority (EDA) Rules and Procedures. 7.9 FY 13 Budget Amendment and Appropriations. 7.10 Rivanna Solid Waste Authority (RSWA) Service Agreements. 7.11 Lewis & Clark Exploratory Center Loan Extension. FOR INFORMATION: 7.12 Board-to-Board, October, 2013 Monthly Communications Report from School Board, School Board Chairman. CLICK HERE TO SIGN UP TO SPEAK AT PUBLIC HEARINGS ONLY file:////coba-webapp01/BOSForms/Agenda/2013Files/1002/0.0_Agenda.htm (2 of 3) [10/5/2020 1:36:35 PM] Tentative Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2013Files/1002/0.0_Agenda.htm (3 of 3) [10/5/2020 1:36:35 PM] DISABILITY EMPLOYMENT AWARENESS MONTH WHEREAS, every year since 1945 the President of the United States has proclaimed a National Observance in October to promote the employment of individuals with disabilities; and WHEREAS, this tradition continues in October 2013 with “Because We Are EQUAL to the Task” as the theme for this year’s National Disability Employment Awareness Month; and WHEREAS, nearly one in five Americans have some type of disability, making people with disabilities the nation’s largest minority; and WHEREAS, our community needs to harness the potential of all of its citizens so that our economy can continue to grow and our labor force can meet the challenges on the horizon; and WHEREAS, work is fundamental to identity, providing the opportunity to lead a more independent, self-directed life for all people; and WHEREAS, we recognize that disability is a natural part of the human experience and affirm that disability in no way should limit a person’s ability to make choices, pursue meaningful careers, or participate fully in all aspects of life; and WHEREAS, all of us have benefited from the achievements and contributions of people with disabilities; and WHEREAS, attitudinal barriers can hinder people with disabilities from realiz ing their full potential; and WHEREAS, education and public awareness are the most powerful tools for increasing sensitivity and achieving full integration and inclusion of people with disabilities into all aspects of life; NOW, THEREFORE, the Board of Supervisors hereby proclaims October 2013 as DISABILITY EMPLOYMENT AWARENESS MONTH in the COUNTY OF ALBEMARLE, and calls this observance to the attention of all our citizens. Passed this 2nd day of October 2013. Return to consent agenda Return to agenda LOCAL AIDS WALK OCTOBER 5, 2013 WHEREAS, someone in the U.S. becomes infected with HIV every 9 1/2 minutes; and WHEREAS, one in 380 Virginians is living with HIV/AIDS; and WHEREAS, roughly 4,300 people in Virginia are HIV positive and unaware of th eir status; and WHEREAS, the State Health Department estimates that 480 people in the Thomas Jefferson Health District are HIV positive, and 7 percent of those individuals live in Albemarle County, and WHEREAS, reducing the incidence of HIV/AIDS and increasing access to high quality health care is part of the National HIV/AIDS Strategy, and WHEREAS, the County of Albemarle is a community that values human rights, and respects the dignity of each person; and the Charlottesville area AIDS Walk is dedicated to raising awareness and increasing resources to battle the disease NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors recognizes Oct. 5, 2013, in conjunction with the AIDS/HIV Services Group and its Charlottesville Area AIDS Walk, as a day to honor those living with HIV/AIDS and to reaffirm its commitment to battling the epidemic. Passed this 2nd day of October 2013. Return to consent agenda Return to regular agenda PROCLAMATION WHEREAS, violence against women, children, and men continues to become more prevalent as a social problem in our society; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers, and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse, with the impact of this crime being wide-ranging; and WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who often suffer grave physical, psychological and financial losses; and WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home; and WHEREAS, no one person, organization, agency or community can eliminate domestic violence on their own—we must work together to educate our entire population about what can be done to prevent such violence, support victims/survivors and their families, and increase support for agencies provid ing services to those community members; and WHEREAS, the Shelter for Help in Emergency has led the way in the Albemarle County in addressing domestic violence by providing 24-hour hotline services to victims/survivors and their families, offering support and information, and empowering survivors to chart their own course for healing; and WHEREAS, the Shelter for Help in Emergency commemorates its 34th year of providing unparalleled services to women, children and men who have been victimized by domestic violence; NOW THEREFORE, BE IT RESOLVED, in recognition of the important work being done by the Shelter for Help in Emergency, that I, Ann H. Mallek, Chair of the Albemarle County Board of Supervisors, do hereby proclaim the month of October 2013 as DOMESTIC VIOLENCE AWARENESS MONTH, and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency, and to work toward the elimination of personal and institutional violence against women, children and men. Signed and sealed this 2nd day of October, 2013. Return to consent agenda Return to regular agenda CASCADIA VARIATION April 3, 2013 BOS 1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SDP2013-025 Cascadia- Final Site Plan- Variations #5-6 from ZMA 2002-004 SUBJECT/PROPOSAL/REQUEST: Special exception to authorize variations from the Code of Development for garage placement and build to line for buildings. STAFF CONTACT(S): Mr. Benish, Ms. Yaniglos LEGAL REVIEW: No AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Cascadia was rezoned to Neighborhood Model District, with an associated application plan and Code of Development (COD), in August 2006 (ZMA2002-004). The proposed development will require two variations (#5 and #6) from the approved Application Plan and Code of Development (COD). There have been four previously approved variations. These variations are necessary before the final site plan can be approved by staff. The applicant is requesting the following two variations from the following two section requirements of the approved code of development: 1. Garage doors shall (face) towards, where possible, the alley, side yard, or to the side street. When a signle single family dwelling’s garage is facing a street it shall be recessed from the face of the building wall by three (3) feet. 2. The build-to line shall be a specific number and shall be measured from the front property line. Prior to site plan or subdivision approval, the Developer shall establish a specific build-to line for each Building Block. The build-to line shall be within the Front Build-to Line Range established in Table D. At least 50% of a structure’s façade shall be built within eighteen (18) inches of either side of the build-to line within that Building Block. The “Structure’s Façade” is defined as the main part of the structure exclusive of the types of structures listed in F ootnote number 2 below. A “Building Block” is defined herein as a group of similar Unit Types located on the same side of a public or private road and situated between the intersection of two travelways or alleys. STRATEGIC PLAN: 5. Ensure the health and safety of the community. DISCUSSION: VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT The variation requests have been reviewed for Zoning and Planning aspects of the regulations. Variations are considered by the Board of Supervisors as a Special Exception under Chapter 18 Section s 33.5 and 33.9. Staff is recommending approval of these variation requests. VARIATION #5- To Vary Garage Placement: The applicant submitted the following justification (Attachment A): “In order to address this COD requirement, we are hereby requesting a variation to allow the builder to use the front porch to qualify as the “building wall” to determine the distance that the garage is recessed. Included with this request, please find architectural elevations for three unit types that provide at least 5 feet between the face of porch and the garage wall. This variation is being requested since the builder’s standard housing products do not include a footprint where the garage is recessed from the actual face of the building wall. Unfortunately, it is not possible for the builder to create a new footprint for this project, so approval of the variation is necessary. Approval of this variation would not lessen the vision of the COD, since the full porches will serve to provide visual relief as the garages will not protrude past the perceived fronts of the houses.” Staff analysis of the variation request under Section 33.9 is guided by the factors in Section 8.5.5.3(c) as provided below: CASCADIA VARIATION April 3, 2013 BOS 2 AGENDA TITLE: SDP2013-025 Cascadia- Final Site Plan- Variations #5-6 from ZMA 2002-004 October 2, 2013 Page 2 1) The variation is consistent with the goals and objectives of the comprehensive plan. Allowing the porch to be considered the building wall is consistent with the goals and objectives of the comprehensive plan by relegating the parking to a higher standard than that which was required for the Code of Development. The units will have a garage that will be recessed at a minimum of five (5) feet from the face of the porch. 2) The variation does not increase the approved development density or intensity of development. Density is not increased. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. 4) The variation does not require a special use permit. A special use permit is not required. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. This variation is in general accord with the approved rezoning application while also addressing the developers desire to have certain unit types and builder. VARIATION #5 RECOMMENDATION: Staff recommends approval of the variation request #5 with the following conditions: 1. The garage door will be recessed a minimum of five (5) feet from the face of the porch for ‘Mist Haven L’ and ‘Stanhope’ unit types as shown in the elevation exhibit dated 8/2/13. 2. The garage door will be recessed a minimum of eight (8) feet from the face of the porch for ‘Naples D’ and ‘Naples N’ unit types as shown in the elevation exhibit dated 8/2/13. VARIATION #6- Vary the Build- To Line: The applicant submitted the following justification (Attachment A): “To help address this COD requirement, we have provided a “Building Block Plan” indicating blocks and build-to lines which will be made part of the final plan documents. However, in order to implement this plan, we are hereby requesting the following variations from the COD: 1. All lots that have frontage on roads with a curved centerline shall be allowed to vary from the 18 inch range described by Note #1 on Page 16 of the COD. 2. The front yard of the following corner lots shall be established based on the following: a. Lot 78 – Front Yard Setback on Boulder Hill Lane is 10 feet. b. Lot 68 – Front Yard Setback on Boulder Hill Lane is 15 feet. c. Lot 89 – Front Yard Setback on Future Roadway is 10 feet. d. Lot 91 – Front Yard Setback on Future Roadway is 10 feet. e. Lot 52 – Front Yard Setback on Glissade Lane is 10 feet. 3. Lot 103 shall have a 5’ yard along its frontage with Delphi Lane.” Staff analysis of the variation request under Section 33.9 is guided by the factors in Section 8.5.5.3(c) as provided below: 1) The variation is consistent with the goals and objectives of the comprehensive plan. The variation is consistent with the goals and objectives of the comprehensive plan by identifying what the build-to line will be and allowing for flexibility based on the engineering on the site. 2) The variation does not increase the approved development density or intensity of development. Density is not increased. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected. CASCADIA VARIATION April 3, 2013 BOS 3 AGENDA TITLE: SDP2013-025 Cascadia- Final Site Plan- Variations #5-6 from ZMA 2002-004 October 2, 2013 Page 3 4) The variation does not require a special use permit. A special use permit is not required. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. The variation is in general accord with the approved rezoning application by the creation of a ‘Building Block Plan’ that identifies what the build-to lines will be in certain areas. VARIATION #6 RECOMMENDATION: Staff recommends approval of the variation request #6 with the following condition: 1. Build to lines will match those shown on the Building Block Plan in the exhibit for Blocks 4-7 only dated 4/20/13. 2. Only lots 33, 46-49, 65-72, 79-85 shall be allowed to vary from the 18 inch range per note #1 on Page 16 of the Code of Development. RECOMMENDATION: Staff recommends approval of variations #5 and #6 with the conditions and recommendations listed in this report. ATTACHMENTS: A. Applicant request and exhibits. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Advisory Council Appointment Procedures SUBJECT/PROPOSAL/REQUEST: Approval of revised appointment procedures for members of the Community Advisory Councils STAFF CONTACT(S): Foley, Davis, Catlin PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: As part of the implementation of master planning for the development areas, the Board approved the formation of Community Advisory Councils to continue community dialogue and citizen engagement once community development plans are adopted. Currently there are active Councils in the Crozet, Pantops, Places29 and Village of Rivanna master plan areas, and staff is recommending the appointment of a fifth Council for the southern and western neighborhoods in the next several months. Currently, appointments to the Councils are made as vacancies occur according to the Board’s established advertising and selection process. Because of the large number of Councils, and fairly regular turnover that occurs on all of the Councils, there is a continuous process of advertising, application, appointment and orientation that is time-consuming and disruptive to the Councils’ ability to perform their missions. Staff believes that an annual selection process would streamline the appointment and orientation process and would provide more stability and continuity to the Councils’ operations. STRATEGIC PLAN: Goal 6. Promote individual responsibility and citizen ownership of community challenges DISCUSSION: Each Community Advisory Council has between 13 and 15 active members who are appointed to two-year staggered terms ending in January, March, or June, depending on the Council. Pursuant to their charters, the Councils meet monthly with the exception of the Village of Rivanna, which meets quarterly unless more frequent meetings are needed. When new members are appointed to a Council, they need to be oriented to the ir particular master plan and educated on basic land use policies by staff before they can participate meaningfully in the work of the Council. In addition, the Council needs to absorb the new members and to re-form as a group, as well as review past decisions and operating procedures with the new members so that new members understand the important issues and how they are to function. When Councils have to go through this process two or three times a year when new members come on, they end up repeating a lot of material and losing efficiency and momentum in responding to important issues. They are also challenged to achieve cohesiveness and a group identity when members are changing on a regular basis. There are staff impacts to consider as well. Currently community development and community relations staff is required to do multiple orientations and education sessions for individual new appointees throughout the year, and it is often challenging to get the new members oriented before they actually start attending Council meetings. This orientation process would be much more efficient and meaningful if it could be conducted once annually for the entire group of new members with sufficient time dedicated to complex and critical land use topics. In addition, the Board Clerk’s office is in a continuous state of tracking rosters, advertising for vacancies, managing applications and issuing letters of appointment under the current system. An annual process would ease that workload and make the process much simpler and easy to manage. Staff recognizes that it is important to keep Council membership at a robust level, and would not want to see the Councils’ functions negatively impacted by a lack of adequate membership. Under an annual appointment process, there should be an understanding that if a Council has more than three vacancies and is still more than three months from the annual appointment cycle, those vacancies should be filled immediately. AGENDA TITLE: Community Advisory Council Appointment Procedures October 2, 2013 Page 2 BUDGET IMPACT: There would be a savings in staff time for the Board Clerk and Community Development and Community Engagement staff if the Board revises its Community Advisory Council appointment procedures to fill vacanc ies on an annual appointment schedule. RECOMMENDATIONS: Staff recommends that the Board approve staff’s proposal to appoint members to the County’s Community Advisory Councils when vacancies occur on an annual basis at the time regular terms expire unless there are more than three vacancies on any Council at the same time with more than three months remaining from the annual appointment date. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Memorandum of Understanding Between the County of Albemarle and the Economic Development Authority of Albemarle County, Virginia SUBJECT/PROPOSAL/REQUEST: Approval of a Memorandum of Understanding Between the County of Albemarle and the Economic Development Authority of Albemarle County, Virginia for the County to provide fiscal services to the EDA. STAFF CONTACT(S): Foley, Davis, Kamptner, Catlin, Burrell, and Koonce PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On May 2, 2012, the Board adopted a resolution authorizing the issuance of refinancing bonds by the Economic Development Authority of the City of Norfolk for bonds previously issued for Sentara Healthcare (Martha Jefferson Hospital) that included a fee sharing agreement for administrative fees among the City of Norfolk, Albemarle County and Prince William County. The agreement provides for an annual payment of an administrative fee to Albemarle County. Because Albemarle County’s Economic Development Authority (EDA) had not received such a fee in the past, it’s Rules and Procedures did not address the process for receiving administrative fees. On July 11, 2012, the Board adopted a resolution to approve amendments to the EDA’s Rules and Procedures that required an applicant to pay an annual administrative fee, provided for a budgetary process to govern the expenditure of funds received by the EDA, and established a tiered system for its application fees. Given all of these changes, the EDA desires to acquire fiscal services and has requested that the County provide those fiscal services. STRATEGIC PLAN: Goal 3. Encourage a Diverse and Vibrant Local Economy DISCUSSION: The attached proposed Memorandum of Understanding (Attachment A) delineates the fiscal services to be provided by the County, fees to cover the costs of those services and processes for disbursing and appropriating EDA funds. As provided for in the EDA’s Rules and Procedures, any EDA Funds received by the County will be subject to appropriation by the Board to the EDA. EDA funds will be disbursed upon request by the EDA for economic development initiatives that support Albemarle County. However, no funds will be disbursed for any economic development initiative unless there is agreement between the EDA and the Board for the initiative for which disbursement is requested. At a joint work session in November, 2012, the Board and the EDA expressed their desire to support several budget initiatives, including paying the County’s memberships for the Central Virginia Partnership for Economic Development and for the Chamber of Commerce and providing financial support to the Piedmont Council of the Arts Cultural Plan and the local Tech Tour. These initiatives can be funded by the EDA once the attached MOU is approved and an appropriation is approved by the Board. Additional initiatives will be presented to the Board for approval this winter following EDA discussion and consideration. The attached proposed Memorandum of Understanding has been signed by the EDA and has been approved as to form and substance by the County Attorney’s Office. BUDGET IMPACT: In FY 14, with EDA’s budget at $87,000.00, the County’s 1% fiscal services fee would be $870.00. Staff cannot predict what EDA’s future budgets will be. In addition, the MOU allows the County to be reimbursed by the EDA for having the EDA’s financial activity included in the County’s annual audit. The fiscal services would be provided by existing County staff in the Board Clerk’s office and the Finance Department. AGENDA TITLE: Memorandum of Understanding Between the County of Albemarle and the Economic Development Authority of Albemarle County, Virginia October 2, 2013 Page 2 RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment B) to approve the attached Memorandum of Understanding (Attachment A) and to authorize the County Executive to sign the Memorandum of Understanding on behalf of the County. ATTACHMENTS: A – Memorandum of Understanding B – Resolution Return to consent agenda Return to regular agenda RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ALBEMARLE AND THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA WHEREAS, the Board finds it is in the best interest of the County to enter into a Memorandum of Understanding with the Economic Development Authority of Albemarle County, Virginia (“EDA”) for the County to provide fiscal services to the EDA. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby authorizes the County Executive to execute a Memorandum of Understanding between the County of Albemarle and the Economic Development Authority of Albemarle County, Virginia, in a form approved by the County Attorney. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of ______ to ______, as recorded below, at a meeting held on _________________________. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Amended Economic Development Authority Rules and Procedures SUBJECT/PROPOSAL/REQUEST: Approve an Amendment to the Economic Development Authority Rules and Procedures to ensure consistency with new Memorandum of Understanding STAFF CONTACT(S): Foley, Davis, Kamptner, Catlin PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Economic Development Authority of Albemarle County (“EDA”) now receives an annual administrative fee of $1,000.00 per $1,000,000 of bonds issued. The fee is paid upon issuance of the bonds and each year thereafter. Section 4.3 of the EDA’s Rules and Procedures provides that the fee will be paid on the anniversary date of the bonds’ issuance. On September 10, 2013, the EDA approved a Memorandum of Understanding (“MOU”) between the County and the EDA for the County to provide fiscal services to the EDA. The MOU is being presented to the Board for approval under a separate executive summary on the October 2, 2013 agenda. In developing the MOU, staff determined that, as more bonds are issued by the EDA in the future, it may be desirable to amend the EDA’s Rules and Procedures to facilitate the administration of those fees. STRATEGIC PLAN: Goal 3. Encourage a Diverse and Vibrant Local Economy DISCUSSION: The attached proposed Amendment to the to the EDA’s Rules and Procedures (Attachment A), which was approved by the EDA on September 10, 2013, shows the proposed amendments in a Track Changes format. The proposed Amendment requires that all annual administrative fees be paid at the end of the fiscal year (June 30) instead of on the anniversary of each bond closing. This proposed change will simplify and streamline financial processing of the fees. The proposed MOU is consistent with this proposed change. The proposed amendments to the other EDA Rules and Procedures will provide that the County will not be required to pay an application fee if the County is an applicant to the EDA, and that bonds issued for the benefit of the County will not be subject to the annual administrative fee. These proposed amendments are consistent with other County fee provisions when the County is an applicant. BUDGET IMPACT: There is no budget impact related to the Amended EDA Rules and Procedures. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution (Attachment B) to approve the Amended EDA Rules and Procedures (Attachment A). ATTACHMENTS: A – Proposed Amended Economic Development Authority Rules and Procedures B – Resolution Return to consent agenda Return to regular agenda RESOLUTION TO APPROVE AMENDMENTS TO THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA RULES AND PROCEDURES WHEREAS, the Economic Development Authority of Albemarle County, Virginia (EDA) has proposed amendments to its Rules and Procedures; and WHEREAS, the Board finds such amendments are appropriate to support the economic vitality initiatives of the County. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves the following amendments to the EDA’s Rules and Procedures: 1. Amending subsection 4.2 regarding application fees, as follows: 4.2 Application Fee. The Authority charges an Application fee of Five Hundred Dollars ($500.00), payable to the County of Albemarle. The Application fee shall be paid to the Authority's administrative agent, the County of Albemarle, prior to consideration of the inducement resolution to be adopted on behalf of the Applicant. Application fees, upon acceptance by the Authority, are non-refundable. No interest shall be paid on Application fees. The County of Albemarle shall not be required to pay the application fee if it is the Applicant. 2. Amending subsection 4.3(a) regarding annual administrative fees as follows: 4.3(a) Administrative Fees. If the Authority issues bonds for the benefit of the Applicant, the financing documents shall include a requirement that the Applicant pay the Authority an annual administrative fee of $1,000.00 per $1,000,000.00 of bonds issued, or the prorated portion thereof, upon the issuance of bonds and annually thereafter on June 30 each year thereafter until the bonds are paid in full. The annual administrative fee shall only be applicable to the first $40,000,000.00 of bonds issued. Except in the case of a refunding, the filing fee shall be applied as a credit against the first annual fee at closing. Bonds issued for the benefit of the County of Albemarle shall not be subject to the annual administrative fee. This section shall expire on June 30, 2015. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of ______ to ______, as recorded below, at a meeting held on _________________________. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2013 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriation #2013106, #2013107, #2013109, #2013110 and #2013111 for various general government and school division programs. STAFF CONTACT(S): Foley, Letteri, Davis, and Allshouse, L. PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 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 increase to the FY 13 budget due to the appropriation itemized below is $868,901.77. 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. STRATEGIC PLAN: Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. DISCUSSION: This request involves the approval of five (5) appropriations as follows:  One (1) appropriation (#2013106) to appropriate funding to reconcile the various sources of revenue of the Office of Facilities Development Internal Service fund. This appropriation will not increase the total budget because already appropriated funding will be re-allocated between various funds.  One (1) appropriation (#2013107) to appropriate $97,279.05 for various school division programs;  One (1) appropriation (#2013109) to appropriate $596,724.44 to reconcile the Capital Program;  One (1) appropriation (#2013110) to appropriate $40,134.00 to the School 2011 EDA principal from the General Government 2011 EDA principal. This appropriation will not increase the total budget because already appropriated funding will be re-allocated; and  One (1) appropriation (#2013111) to appropriate $174,898.28 to reconcile various Special Revenue Funds. RECOMMENDATIONS: Staff recommends approval of appropriations #2013106, #2013107, #2013109, #2013110 and #2013111 to distribute funds received from grants to the proper expenditure accounts for various school division and general government projects and programs as described in Attachment A. ATTACHMENTS: Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Attachment A Appropriation #2013106 $0.00 This appropriation will not increase the County Budget Source: General Gov’t Capital Program Fund fund Bal $ -19,263.31 General Fund fund Balance $ 19,263.31 The Office of Facilities Development provides project management support for School and Local Government’s capital projects. In FY 13 the Office of Facilities Development began operating as an internal service fund and charges hourly-based project management (PM) fees for their work on individual projects. Initial project management budgets are estimated based on the number of projects and the time anticipated to complete the projects. The Office of Facilities Development also provides services for General Government projects that fall outside of the Capital budget. This appropriation request is to reconcile the budget to reflect the actual expenses incurred by various Capital Program projects in FY 13, including expenses that were incurred by the General Fund-supported operations. This request is to:  appropriate $19,263.31 of the General Fund fund balance to accurately account for the operational expenses incurred by the Office of Facilities Development for project management services in FY 13 and to equally reduce the use of the General Government Capital Program Fund;  re-allocate $89,426.59 for project management services within the General Government Capital Program fund, appropriate $11,925.85 from the General Government Capital Program for project management services to the School Capital Program for project management services and to re -allocate $133,036.41 designated for project management services within the School Capital Program fund; and  re-allocate $ 4,290.05 for project management services within the Stormwater Capital Program fund. Appropriation #2013107 $97,279.05 Source: Local Revenue $ 83,227.05 State Revenue $ 14,052.00 These requests are to appropriate School Division funding approved by the School Board on August 8, 2013:  This request is to appropr iate $14,052.00 in State revenue for the School Division’s Algebra Readiness Program. This program provides mathematics intervention services to middle school students who are at risk of failing. Expenditures have exceeded appropriations for FY 13 due to an unbudgeted increase in funding from the State. This request is to appropriate funding to cover these increases and to balance the fund.  This request is to also appropriate $83,227.05 to the School Division’s Club Yancy Program. Club Yancey collected $21,037.00 in tuition fees, $16,160.05 from fundraisers and donations, $45,000.00 from the Charlottesville Area Community Foundation, and $1,030.00 from field trip fees for a total of $83,227.05 during FY 13. These funds were used to cover operating expenses and field trip expenses for the Club Yancey program during FY 13. Appropriation #2013109 $596,724.44 Source: General Gov’t Capital Fund fund Bal $ 1,500,000.00 School Capital Loan Proceeds $ -903,275.56 This request is to reconcile the budget with actual expenses incurred by various Capital Program projects in FY 13 and to ensure funds maintain positive balances pending the County’s receipt of loan proceeds.  This request is to appropriate $99.44 from the Fire Department Contingency to the Pant ops Emergency Medical Services Project for the ambulance stationed at Martha Jefferson Hospital to cover higher than anticipated equipment costs. This request will not increase the County Budget. Attachment A  This request is to appropriate a temporary transfer of $1,500,000.00 from the General Government Capital Fund fund balance to the School Capital Fund fund balance. Loan proceed issuances are scheduled every other year to achieve savings for the cost of issuances. This request will maintain positive balances in the separate Captial funds pending receipt of loan proceeds in the fall of 2013 (FY 14). This appropriation will also provide funding to support start up expenses for those approved FY 14 School Capital projects that occurred in FY 13. These School Capital projects experienced expenditures in FY 13 because it was necessary for construction work to start in mid-June (after school ends) to ensure that the work was completed before the start of school in late August. Although no bills were paid in FY 13 for these projects and FY 14 funds were appropriated for these project costs, bookkeeping requirements require that the funding be shown as a FY 13 expense. This appropriation will decrease the use of School Capital Fund loan proceeds by $903,275.56, increase the FY 13 School Capital Maintenance Program budget by $451,413.00, increase the FY 13 Murray High School project budget by $92,424.44, and increase the FY 13 Contemporary Learning Project budget by $52,887.05. The total net budget increase is $596,724.44. For the FY 15 - FY 19 CIP, staff will propose options which will employ best practices to accommodate the timing of these types of tightly scheduled School CIP projects. In a separate October 2, 2013 appropriation request (#2014043) included in the FY 14 Budget Amendment and Appropriations Executive Summary, there is a request to equally reduce the FY 14 project budgets and to return the $1,500,000.00 from the School Capital Fund fund balance to to the General Government Capital Fund fund balance. Appropriation #2013110 $0.00 This appropriation will not increase the County Budget Source: General Fund fund Balance The General Government and School Division each has its own Debt Service Fund that provides funding for the principal and interest expenses associated with debt issuances for capital projects. Expenses include principal and interest for the 2011 EDA debt issuance which included both school projects and general government projects. The principal and interest is amortized proportionally between the funds for the 2011 EDA and budgeted accordingly. For FY 13, while total budget is correct, the amount of funding budgeted to each fund requires redistribution. This appropriation reconciles the budget to the actual expenses per fund. This request is to appropriate $40,134.00 for the School Debt Service portion of the 2011 EDA Principal and reduce the General Government Debt Service portion of the 2011 EDA Principal by the equivalent amou nt to reconcile the overall 2011 EDA Principal and Interest payments for FY 13. This has a net zero impact to the total budget. This request will amend the General Fund Transfer to the Debt Service Fund by appropriating $40,134 .00 for the School Debt Service portion of the 2011 EDA Principal and will reduce the General Government Debt Service portion of the 2011 EDA Principal by the equivalent amount. Appropriation #2013111 $ 174,898.28 Source: Local Revenue – Recovered Costs $ 40,644.11 Special Revenue Fund fund balance $ 134,254.17 This request is to appropriate funding associated with the following Special Revenue Funds:  This request is appropriate $134,254.17 for Housing Choice Voucher (HCV) Program expenditures beyond the currently appropriated budget for this fund. These funds are disbursed to landlords participating in the HCV as rental and utility subsidies for applicaple voucher holders. This funding is provided from this fund’s fund balance.  This request is to appropriate $40,017.11 for costs associated with the Project Director position of the Foothills Child Advocacy Center in FY 13. All salary and benefits associated with this position are reimbursed to the County by the Foothills Child Advocacy Center.  This request is to appropriate $627.00 in recovered costs for the Criminal Justice Program administered by Offender Aid and Restoration, based on actual revenues and expenditures. Attachment A Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: RSWA Service Agreements SUBJECT/PROPOSAL/REQUEST: Extend Current RSWA Service Agreements through June 30, 2014 STAFF CONTACT(S): Foley, Walker, Davis, Graham, Shadman PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Over the last year, the County has considered alternatives to continuing solid waste services with the Rivanna Solid Waste Authority (RSWA). Solid waste services currently provided by RSWA require County financial support and that support is established by two agreements, the Ivy Material Utilization Center Programs Agreement and the Local Government Support Agreement for Recycling Programs. The County did not provide notice to RSWA by January 1, 2013 to extend the current funding agreements for services at the Ivy Materials Utilization Center (MUC) and the McIntire Road Recycling Center through FY14 so that the County could pursue other options. In doing so, County staff recognized that the County would need temporary agreements with RSWA for RSWA to continue providing services for the period of July 1, 2013 (the expiration date of the current agreements) until the County begins to manage those services. The agreements were extended in June 2013 to continue services through December 2013. In July 2013, the Board determined the County should establish three convenience centers and continue support of the McIntire Recycling Center for an undetermined period. Recognizing that none of the convenience centers would be established by December 2013, the Board requested that RSWA amend the agreements to continue services through June 2014. The attached amendments to the current agreements (Attachment A) are provided to serve this purpose. STRATEGIC PLAN: Goal 2. Provide community facilities that meet existing and future needs. DISCUSSION: The Amendment No. 2 to Ivy Material Utilization Center Programs Agreement and Amendment No. 2 to Local Government Support Agreement for Recycling Programs are provided as Attachment A. Both agreements continue the current funding arrangement for RSWA services through June 2014. With the exception of the effective dates, the terms and conditions of this agreement are the same as the current agreement. The agreement for Recycling Programs includes the City as a participant, while the MUC agreement does not. Finally, the County is currently working to put at least one convenience center in place on or before July 1, 2014, based on direction provided by the Board at its July 10, 2013 meeting. Based on that direction, the MUC agreement would be allowed to expire in June 2014 while it is anticipated the recycling agreement will continue through FY15. The terms of the recycling agreement require that the County and City notify RSWA prior to May 2014 if that agreement is to be extended into FY15. BUDGET IMPACT: Based on historical payments to RSWA under the agreements and financial reports for the current fiscal year, it is anticipated that the cost required to be paid by the County will be between $300,000 and $500,000 for the time period between July 2013 and June 2014. Three hundred thousand dollars ($300,000) of funding was included in the FY14 Budget. If the support payments exceed $300,000, it will be necessary to make an additional appropriation to continue services through June 2014. This could potentially be done by a one-time shift of funds from the Ivy Remediation line item in the CIP. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to sign the two attached agreement amendments with RSWA on behalf of the County, subject to approval as to content and form by the County Attorney. ATTACHMENTS: A – Local Support Agreements for RSWA Services at Ivy MUC and RSWA Recycling Services Return to consent agenda Return to regular agenda 1 AMENDMENT NO. 2 TO IVY MATERIAL UTILIZATION CENTER PROGRAMS AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND THE RIVANNA SOLID WASTE AUTHORITY This Amendment No. 2 to the Ivy Material Utilization Center Programs Agreement (this “Amendment”) is made this ___day of ___________, 2013 by and between the County of Albemarle, Virginia (the “County”) and the Rivanna Solid Waste Authority (the “Authority”, individually a “Party”, and together referred to as the “Parties”). WHEREAS, the County and the Authority entered into a certain Ivy Material Utilization Center Programs Agreement dated August 23, 2011 (the “Original Agreement”), providing for the County’s financial support for, and the Authority’s operation of, the Ivy MUC; and WHEREAS, the Original Agreement provided that such financial support and operations continue through the Authority’s fiscal year ending June 30, 2012, with the County retaining an exclusive option to extend the Original Agreement for two successive one-year periods by giving prior written notice to the Authority; and WHEREAS, the County exercised its first option to extend the term of the Original Agreement through June 30, 2013, but elected not to exercise its second option to extend the term through June 30, 2014 and instead requested an extension of the term of the Original Agreement through December 31, 2013; and WHEREAS, the County and the Authority entered into Amendment No. 1 to the Original Agreement dated June 7, 2013 extending the term of the Original Agreement through December 31, 2013 (the Original Agreement, as amended by Amendment No. 1, hereinafter, the “Agreement”); and WHEREAS, the County desires an additional extension of the term of the Agreement through June 30, 2014. NOW, THEREFORE, the Parties agree to amend the Agreement as follows: 1.Amendment to Section 4. Section 4 of the Agreement, entitled “Quarterly Payments”, is amended by deleting the last sentence of such Section added under Amendment No. 1. 2.Amendment to Section 5. Section 5 of the Agreement, entitled “Increase or Decrease in the Ivy Material Utilization Center Deficit”,is amended by deleting the last sentence of such Section added under Amendment No. 1. 2 3.Amendment of Section 6. Section 6 of the Agreement, entitled “Term of Agreement”, is amended and restated as follows: 6.Term of Agreement This Agreement shall be effective upon execution and the County’s financial participation requirements shall be retroactive to July 1, 2011 and shall continue through June 30, 2014. 4.Miscellaneous.Capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless otherwise specifically defined herein. Except as expressly modified hereby, all other terms and conditions of the Agreement shall remain unchanged and shall continue in full force and effect. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates below. THE COUNTY OF ALBEMARLE: ______________________________ __________________ Thomas C. Foley Date County Executive RIVANNA SOLID WASTE AUTHORITY: Thomas L. Frederick, Jr.Date Executive Director 49789297_2 1 AMENDMENT NO. 2 TO LOCAL GOVERNMENT SUPPORT AGREEMENT FOR RECYCLING PROGRAMS AMONG THE CITY OF CHARLOTTESVILLE THE COUNTY OF ALBEMARLE AND THE RIVANNA SOLID WASTE AUTHORITY This Amendment No. 2 to the Local Government Support Agreement for Recycling Programs (this “Amendment”) is made this ___day of ___________, 2013 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”, individually a “Party”, and together referred to as the “Parties”). WHEREAS, the City, the County and the Authority entered into a certain Local Government Support Agreement for Recycling Programs dated August 23, 2011 (the “Original Agreement”) providing the terms of the City’s and County’s shared financial support and Authority’s operation of the Recycling Services; and WHEREAS, the Original Agreement provided that such financial support and operations continue through the Authority’s fiscal year ending June 30, 2012, with the City and County retaining an exclusive option to extend the Original Agreement for two successive one-year periods by giving prior written notice to the Authority; and WHEREAS, the City and County exercised their first option to extend the term of the Original Agreement through June 30, 2013, but the County elected not to exercise its second option to extend the term through June 30, 2014 and instead requested, with the concurrence of the City, an extension of the Original Agreement through December 31, 2013; and WHEREAS, the City, the County and the Authority entered into Amendment No. 1 to the Original Agreement dated June 5, 2013 extending the term of the Original Agreement through December 31, 2013 (the Original Agreement, as amended by Amendment No. 1, hereinafter, the “Agreement”); and WHEREAS, the County desires an additional extension of the term of the Agreement through June 30, 2014, and the City is agreeable to an extension for such period. NOW, THEREFORE, the Parties agree to amend the Agreement as follows: 1.Amendment to Section 2. Section 2 of the Agreement, entitled “Quarterly Payments,” is amended by deleting the last sentence of such Section added under Amendment No. 1. 2 2.Amendment to Section 3. Section 3 of the Agreement, entitled “Increase or Decrease in the Recycling Operations Deficit,” is amended by deleting the last sentence of such Section added under Amendment No. 1. 3.Amendment to Section 4. Section 4 of the Agreement, entitled “Term of Agreement,” is amended and restated as follows: 4.Term of Agreement. This Agreement shall be effective upon execution and the financial participation requirements shall be retroactive to July 1, 2011 and shall continue through June 30, 2014. 4.Miscellaneous. Capitalized terms used herein shall have the meanings ascribed to them in the Agreement unless otherwise specifically defined herein. Except as expressly modified hereby, all other terms and conditions of the Agreement shall remain unchanged and shall continue in full force and effect. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates below. CITY OF CHARLOTTESVILLE: ______________________________ __________________ Maurice Jones Date City Manager COUNTY OF ALBEMARLE: ______________________________ __________________ Thomas C. Foley Date County Executive RIVANNA SOLID WASTE AUTHORITY: Thomas L. Frederick, Jr.Date Executive Director 49789660_3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Lewis & Clark Exploratory Center Loan Extension SUBJECT/PROPOSAL/REQUEST: Approve loan extension for Lewis & Clark Exploratory Center STAFF CONTACT(S): Foley, Letteri, Davis and Henry PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Lewis & Clark Exploratory Center (“LCEC”) leases property jointly owned by the County of Albemarle and the City of Charlottesville located at Darden Towe Park for the purpose of establishing the Lewis & Clark Exploratory Center. The LCEC was awarded grants totaling $800,000.00 from the Transportation Enhancement Fund Program (“VDOT Enhancement Program”) administered by the Virginia Department of Transportation (“VDOT”) to provide funding (to be combined with other funds to be raised by the LCEC) for the construction of an educational building, an access road and parking area, and a connecting trail network at Darden Towe Park. The LCEC’s application for the VDOT Enhancement Program required the County to be responsible for accepting the grant from VDOT. The County was required to enter into a Project Agreement between VDOT and the County to ensure VDOT’s requirements for funding eligibility were met. The County then entered into a separate Pass-Through Agreement with LCEC that, in turn, passed along all of the County’s responsibilities under the VDOT Enhancement Program to the LCEC, including holding the County harmless from any liabilities created by the County’s acceptance of the VDOT Enhancement Program grants. The LCEC advised the County that its fund-raising efforts had fallen short of the goal and by letter dated March 19, 2013, requested that the County and City provide funding assistance in the form of a short-term loan to ensure the project is completed and all requirements related to the enhancement grant are met. The total shortfall was estimated at $260,000. In order to assist the LCEC and ensure that the grant requirements are met, the Board, at its April 3, 2013 meeting, approved an appropriation of $130,000 to the Economic Development Authority (EDA) for the purpose of the EDA providing a short-term loan to the LCEC. The appropriation was subject to the following conditions: (1) an agreement between the County and the EDA regarding the EDA’s reimbursement of the funds to the County when the LCEC repays the loan; (2) a note or some other instrument acceptable to the County Attorney by which the LCEC would agree to repay the loan to the EDA within 6 months; and (3) the City of Charlottesville contributing or committing to contribute the other $130,000 required to make up the $260,000 shortfall. STRATEGIC PLAN: Goal 4. Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s established growth management policies. DISCUSSION: The EDA loan agreement and note were executed on April 17, 2013, and funds were forwarded to LCEC by check dated April 18, 2013. Pursuant to the loan and note terms and conditions, the $130,000 loan is due and payable to the EDA on October 17, 2013; provided that, upon receipt of a written request from the LCEC before October 17, 2013, the EDA, at its sole discretion, and with the approval of the Board of Supervisors, may extend the due date. In a letter to the EDA dated August 27, 2013 (attached), the LCEC advised the County that they will be unable to raise all of the funds ($130,000) by the repayment deadline and have requested a six-month extension. Staff is sympathetic to this extension request, however, it would recommend an examination and reconsideration of the terms and conditions of the loan if any additional extensions are requested. BUDGET IMPACT: There is no impact to the budget as the funds have been previously appropriated. Upon repayment, the $130,000 would be returned to the Capital Reserve. AGENDA TITLE: Lewis & Clark Exploratory Center Loan Extension October 2, 2013 Page 2 RECOMMENDATIONS: Staff recommends that the Board approve LCEC’s requested extension of six months and request that the EDA extend the date by which the loan is due and payable subject to the same terms and conditions. Future extension requests are not recommended under current note terms and conditions. ATTACHMENTS: Lewis & Clark Extension Request Letter Return to consent agenda Return to regular agenda Board‐to‐Board         October, 2013  A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors 10 Day Enrollment --Enrollment at the 10 day mark is within one percent of projections; final enrollment numbers for federal and state reporting purposes will be calculated as of September 30. The schools with the largest enrollment increases are in the Northern Feeder pattern: Greer Elementary, Woodbrook Elementary, and Baker Butler Elementary; Jack Jouett Middle; and Albemarle High School. Resolution Passed in Support of OEI Lawsuit-- The Board voted to support a lawsuit filed by the Virginia School Boards Association (VSBA) and the Norfolk City School Board that would overturn the ability of the state to take operational control of individual schools in Virginia from local school boards. Earlier this year, Governor McDonnell signed legislation to create the Opportunity Educational Institution (OEI) that creates an appointed board to take over operation of any public school denied accreditation or accredited with warning for three consecutive years, removing authority from local school boards. Attorney General Ken Cuccinelli has said he will not defend OEI, and Governor McDonnell has promised to find outside council to represent the state in the suit. Federal Benchmark Results Released--Benchmarks for federal accountability standards, called annual measurable objectives (AMO), were released. In order to meet AMO, schools must demonstrate progress towards closing achievement gaps in each of 36 subgroups. Two Albemarle schools were identified as focus schools for not meeting AMO in all 36 of its required subgroups: Scottsville Elementary and Woodbrook Elementary. These schools will be provided with additional support to make the necessary improvements and changes to their programs to meet the federal requirements. Student Rankings Examined--Concerns have been raised by ACPS parents on the practice of reporting a student’s ranking by decile to college and university admission offices. Students with strong academic records but outside of the top ten percent of their class may be at a disadvantage. The current trend is moving away from reporting ranking; about half of Virginia school divisions no longer report this data to admission offices. ACPS staff is surveying the community and examining the impact of a change to the existing policy, and will present a recommendation at the October 10 Board meeting. Accreditation Results Released--The Virginia Department of Education released state accreditation results, based on SOL scores, on September 20. All but three ACPS schools remain fully accredited by the state, with the exception of B.F. Yancey Elementary, Red Hill Elementary, and Scottsville Elementary, which are accredited with warning. While Albemarle County students outperform the state average on 75% of the tests, improvements will be identified to ensure that all students can meet the increased rigor incorporated into the SOLs over the past two years. National Merit Semifinalists--Seven ACPS students were named semifinalists for the National Merit Scholarship. Semifinalists are selected from the highest scores earned on the PSAT in each state. Finalists will be selected based on academic achievement and student leadership, and will be eligible to compete for a $2,500 scholarship. The semifinalists are: Sharon Fernandez, Monticello; Angela Li, Western Albemarle; Sophia Webb, Western Albemarle; and Reece Echelberger, Olivia Lewis, Jesse Smyth, and Laura Ungar, all of Albemarle High School. Symposium Held at Albemarle High School--A panel discussion highlighting information on historically black colleges and universities (HBCUs) will be held at Albemarle High School on September 24. While a statewide event is held in Northern Virginia each year, this will be the first event of its kind locally. The event increases awareness of the opportunities offered by HBCUs, and discusses the importance of college preparation well before the senior year begins. Elementary School Earns Federal Designation-- Meriwether Lewis Elementary has been designated a Blue Ribbon School by the U.S. Department of Education. The school was one of the ten highest performing schools in the state, recognized for its exceptional student achievement on the state assessment tests. The school places a high value upon student-centered learning, a devotion to healthy body, healthy mind environments and the involvement of an experience-rich local community eager to share in the intellectual and social maturity of students. Donations to Albemarle County Public Schools-- Albemarle County Public Schools received the following donations:  Crozet Elementary received a donation of $265.78 from the Crozet PTO for the purchase of paper.  Murray High School received a donation of $100.00 for use in the Student Snack/Meal fund.  Stony Point Elementary received a donation of $318.62 from the Stony Point PTO for student art supplies. School Board website: www.k12albemarle.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Albemarle County Debt Financing - 2013 SUBJECT/PROPOSAL/REQUEST: Resolution approving a plan to finance certain public facilities projects through the issuance of revenue and refunding bonds by the Economic Development Authority of the County of Albemarle STAFF CONTACT(S): Foley, Letteri, Davis, and Burrell PRESENTER (S): Betty Burrell LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On April 3, 2013, the Board adopted the County’s FY 14 Operating and Capital Improvement Program (CIP) budgets. The FY14 CIP budget, after amendments, included bond revenue of $11.1 million as a source of funding. The Board adopted the County’s FY 13-17 CIP, after amendments, which identified bond revenue of $26.1 million as a source of funding in FY13. The County funded FY 13 projects with cash, anticipating a FY 14 bond issuance. This Executive Summary presents to the Board for its consideration a financing option for the County to finance FY 14 capital projects and to reimburse the County for cash it expended for FY 13 projects. STRATEGIC PLAN: Goal 1. Provide excellent educational opportunities to all Albemarle County residents; and Goal 2. Provide Community Facilities that meet existing and future needs. DISCUSSION: On September 10, 2013, the County’s Financial Advisors, Davenport and Company, presented a proposed plan of lease financing to the Economic Development Authority of Albemarle County, Virginia (EDA), which is enabled to assist the County in financing local government facilities and equipment. Under the proposed strategy, the County would issue debt via a Public Sale using the EDA as the financing conduit in an amount not to exceed $40 million (Project costs, cost of issuance, and a reserve equal to up to one year’s debt service, if required). Based on the County’s excellent credit rating, it is expected that the debt would be issued with credit ratings near AAA levels (in the AA category). The EDA Bonds will be secured by the lease structure described in Attachment A. To support the marketability of the Bonds, the County Executive, in consultation with the Financial Advisor, may determine to include additional security for the bonds by offering one or more of the following County- owned properties as collateral security for the proposed Ground Lease and the Financing Lease: (a) the new Crozet Library, (b) the new Northside Library, and (c) the 5th Street Office Building. The County, subject to appropriation, will make lease payments to the EDA to enable it to make debt service payments assoc iated with this debt issuance. The County’s bond counsel, Hunton and Williams, has prepared a summary of the County’s proposal to finance the FY13 and FY14 CIP financed projects (Attachment A). All financial documents referenced in Attachment B are available for Board and public review in the Board Clerk’s Office. BUDGET IMPACT: While interest rates today have risen from historic lows, they are still at very favorable levels. The County anticipated and budgeted for the additional debt service payments in its five-year financial plan. This financing continues adherence to the County’s financial policies regarding debt limits, debt capacity, debt affor dability, and debt repayment standards. AGENDA TITLE: Albemarle County Debt Financing – 2013 October 2, 2013 Page 2 RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution Approving a Plan to Finance Certain Public Facilities Projects Through the Issuance of Revenue Bonds by the Economic Development Authority of the County of Albemarle (Attachment B) and authorize the Chairman of the Board and the County Executive to execute all necessary financing documents after approval as to substance and form by t he County Attorney. ATTACHMENTS: A – Lease Finance Summary B – Board of Supervisors Resolution Return to agenda Overview of Financing Structure for the Proposed Lease Revenue Bond Financing through the Economic Development Authority 1. The County has determined to reimburse or finance costs described in its capital improvement plans for Fiscal Years 2013 and 2014. Based on the recommendation of the County’s financial advisor and after consultation with counsel, the County has determined to undertake these objectives through a bond issuance with the Economic Development Authority of Albemarle County, Virginia (the “EDA”). The EDA is authorized under provisions of the Industrial Development Authority and Revenue Bond Act (in the Virginia Code) to assist the County in financing local government facilities and equipment. 2. The financing structure contemplates that the EDA will issue lease revenue bonds (the “EDA Bonds”) in a public offering and loan the proceeds to the County for use in paying the costs of the new money projects. The EDA Bonds will be secured by the lease structure described below. The EDA Bonds will be issued as “additional bonds” under an existing lease financing structure with the County which was first implemented in 2003 and used again in 2011. 3. Under the lease structure, the County will lease to the EDA one or more of the following County properties pursuant to the terms of a prime (or ground) lease – (a) the 5th Street Office Building, (b) the Crozet Library, and (c) the Rio Property Library and County storage facility. As such, the County will never give up fee simple title to the leas ed property. The prime lease will end upon the earlier of (i) a date usually five years after the final maturity of the EDA Bonds and (ii) the date on which final payment is made on the EDA Bonds. Based on feedback from the rating agencies as to the desired loan to value ratio (i.e. the value of the leased collateral compared to the principal amount of the EDA Bonds) and essentiality determinations, the County Executive will decide how much leased collateral will be necessary to achieve favorable ratings. 4. The EDA will lease the leased property back to the County for its use pursuant to the terms of a Financing Lease Agreement. The County will then undertake to make lease payments to the EDA in amounts and at times sufficient to enable the EDA to pay debt service on the EDA Bonds. The County’s payment obligations under the Financing Lease Agreement will be subject to appropriation from time to time by the Board of Supervisors of sufficient monies for such purpose. In the unlikely event of non-appropriation or default, the Trustee for the EDA Bonds will be allowed to evict the County from the leased property and re -lease it to other parties, but only through the remaining term of the prime lease. Return to exec summary 26222.000047 EMF_US 47234306v4 RESOLUTION APPROVING A PLAN TO FINANCE CERTAIN PUBLIC FACILITIES PROJECTS THROUGH THE ISSUANCE OF REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF ALBEMARLE WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (now the Economic Development Authority of Albemarle County, Virginia) (the “Authority”), pursuant to the Industrial Development and Revenue Bond Act (the “Act”) under which it is created, is authorized to exercise all the powers set forth in the Act, which include, among other things, the power to make loans to, among others, a county in furtherance of the Act, to finance or refinance and lease facilities for use by, among others, a county, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its revenues and receipts derived from payments received by the Authority in connection with its loans or from the leasing by the Authority of such facilities or from any source, as security for the payment of principal of and interest on any such obligations; and WHEREAS, the Board of Supervisors of Albemarle County, Virginia (the “County”) desires to reimburse or finance, in conjunction with the Authority, costs described in the County’s Capital Improvement Plans for Fiscal Years 2013 and 2014 (collectively, the “CIP Project”); and WHEREAS, the County desires to request the Authority to issue its Public Facility Revenue Bonds (Albemarle County Project), Series 2013 (the “Bonds”), and use the proceeds to (a) reimburse or finance costs of the CIP Project and (b) pay the related costs of issuing the Bonds; and WHEREAS, the Bonds will be secured in part by payments appropriated from time to time by the Board of Supervisors and payable to the Authority in accordance with the terms of the Financing Agreement (as defined herein); and WHEREAS, to improve the marketing of the Bonds at attractive interest rates, Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”), has recommended that the County consider providing additional security for the Bonds by undertaking a lease/lease-back financing arrangement with the Authority of certain County property (the “Property”); and WHEREAS, there have been circulated prior to this meeting drafts of the following documents (collectively, the “Documents”), proposed in connection with the issuance and sale of the Bonds: (a) Third Supplemental Agreement of Trust, supplementing the Agreement of Trust dated as of March 1, 2003, as previously supplemented (collectively, the “Trust Agreement”), all between the Authority and U.S. Bank National Association, as successor trustee (the “Trustee”), pursuant to which the Bonds are to be issued; (b) Second Supplemental Financing Agreement (the “Supplemental Financing Agreement”), supplementing a Financing Agreement dated as of March 1, 2003, 2 as previously supplemented (collectively, the “Financing Agreement”), all between the Authority and the County, pursuant to which the Authority will loan the proceeds of the Bonds to the County and the County will undertake, subject to appropriation, to make payments to the Authority in amounts sufficient to pay the principal of and premium, if any, and interest on the Bonds and certain other related costs; (c) Preliminary Official Statement of the Authority relating to the public offering of the Bonds (the “Preliminary Official Statement”); (d) Notice of Sale (attached as Appendix H to the Preliminary Official Statement) (the “Notice of Sale”) (applicable only if the Bonds are sold through a competitive sale); (e) Continuing Disclosure Agreement (attached as Appendix F to the Preliminary Official Statement), pursuant to which the County agrees to undertake certain continuing disclosure obligations with respect to the Bonds; (f) Deed and Agreement of Ground Lease (the “Ground Lease”), between the Authority and the County, conveying to the Authority a leasehold interest in certain County real property as hereinafter described (the “Property”); (g) Deed and Agreement of Financing Lease, between the Authority and the County (the “Financing Lease”), conveying to the County a subleasehold interest in the Property; and (h) Assignment Agreement (the “Assignment Agreement”), between the Authority and the Trustee, assigning to the Trustee certain rights of the Authority under the Ground Lease and the Financing Lease. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The following plan for financing the CIP Project is hereby approved. The Authority will issue the Bonds in an aggregate principal amount not to exceed $40,000,000. The Authority will use the proceeds of the Bonds to reimburse or finance costs of the CIP Project and pay the costs of issuing the Bonds. Pursuant to the Financing Agreement, the County will undertake to make certain Basic Payments and Additional Payments (each as defined in the Financing Agreement) to the Authority in amounts sufficient to amortize the Bonds, to pay the fees or expenses of the Authority and the Trustee and to pay certain other related costs. The obligation of the Authority to pay principal of and premium, if any, and interest on the Bonds will be limited to Basic Payments and Additional Payments received from the County. The Bonds will be secured in part by an assignment of the Basic Payments and certain Additional Payments due under the Financing Agreement, all for the benefit of the holders of the Bonds. The undertaking by the County to make Basic Payments and Additional Payments will be subject to the appropriation by the Board of Supervisors from time to time of sufficient amounts for such purposes. As additional security for the Bonds, the County will grant to the Authority a leasehold interest in the Property pursuant to the terms of the Ground Lease. The Authority will 3 sublease the Property to the County pursuant to the terms of the Financing Lease. The County Executive is authorized to determine, in consultation with the Financial Advisor as to what would improve the marketing of the Bonds at attractive interest rates, which one or more of the following County-owned properties shall constitute the “Property” for purposes of the Ground Lease and the Financing Lease: (a) the 5th Street Office Building, (b) the Crozet Library, and (c) the Rio Property Library and County storage facility. Payments due under the Financing Lease will be credited in an amount and time to the extent the County makes all Basic Payments and Additional Payments due under the Financing Agreement with respect to the Bonds. The plan of financing the CIP Project shall contain such additional requirements and provisions as may be approved by the County Executive and the Chairman or Vice Chairman of the Authority. 2. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make appropriations in future fiscal years in amounts sufficient to make all payments due under the Financing Agreement, which payments, as applicable, shall be credited toward the payment of amounts due under the Financing Lease, and hereby recommends that future Board of Supervisors do likewise during the term of the Financing Agreement and, if applicable, the Financing Lease. The Board of Supervisors hereby confirms that the CIP Project is essential to the efficient operation of the County and the Board of Supervisors anticipates that the CIP Project will continue to be essential to the operation of the County during the term of the Financing Agreement and the Financing Lease. 3. The Chairman of the Board of Supervisors and the County Executive, either of whom may act, are hereby authorized and directed to execute the Documents to which the County is a signatory, which shall be in substantially the forms circulated prior to this meeting, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officer signing such Documents, the execution and delivery thereof to constitute conclusive evidence of the officer’s approval of any such completions, omissions, insertions and changes. The County Attorney is hereby authorized to cause the Ground Lease, the Financing Lease, the Assignment Agreement and other documents as are necessary to be recorded in the Clerk’s Office of the Circuit Court of Albemarle County. 4. In making completions to the Supplemental Financing Agreement and the Financing Lease, the County Executive, in collaboration with Financial Advisor and the Authority, shall provide for Annual Payments (under the Financing Agreement) and Basic Payments (under the Financing Lease) in amounts equivalent to the payments on the Bonds, which shall be sold to the purchaser thereof on terms as shall be satisfactory to the County Executive; provided that the Annual Payments/Basic Payments shall be equivalent to the Bonds (a) maturing in installments or subject to mandatory sinking fund redempt ion ending not later than December 31, 2033; (b) having a true or “Canadian” interest cost not exceeding 5.0% (taking into account any original issue discount or premium); (c) being subject to optional redemption, if at all, at a premium not to exceed 102% of their principal amount; and (d) being sold to the purchaser thereof at a price not less than 98% of the aggregate principal amount thereof (without taking into account any original issue discount or premium). The County Executive is also authorized to approve a lesser principal amount for the Bonds, a maturity schedule (including serial maturities and term maturities for the Bonds) and the redemptions 4 provisions of the Bonds, all as the County Executive shall determine to be in the best interest of the County. 5. The Board of Supervisors approves the following terms of the sale of the Bonds: (a) The Bonds shall be sold through a competitive sale or a negotiated sale, as the County Executive, in collaboration with the Financial Advisor and the Authority, determines to be in the best interests of the County. (b) If the County Executive determines that the Bonds shall be sold by competitive sale, the County Executive is authorized to receive bids for such Bonds and award such Bonds to the bidder providing the lowest “true” or “Canadian” interest cost, subject to the limitations set forth in Section 4. Following a competitive sale, the County Executive shall file a certificate with the Authority and the Board of Supervisors setting forth the final terms of the Bonds. The actions of the County Executive in selling the Bonds by competitive sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board of Supervisors. (c) If the Bonds are sold by competitive bid, the County Executive, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale, which is hereby approved; provided that the County Executive, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the County. (d) If the County Executive determines that the Bonds shall be sold by negotiated sale, the County Executive is authorized, in collaboration with the Financial Advisor and the Authority, to choose an investment bank(s) or firm(s) to serve as underwriter for the Bonds and to execute and deliver to the underwriter(s) a bond purchase agreement (the “Bond Purchase Agreement”) in a form to be approved by the County Executive in consultation with the County Attorney and the County’s bond counsel. The execution thereof b y the County Executive shall constitute conclusive evidence of his approval of the Bond Purchase Agreement. Following a negotiated sale, the County Executive shall file a copy of the Bond Purchase Agreement with the records of the Board. The actions of the County Executive in selling the Bonds by negotiated sale to the underwriter(s) shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board of Supervisors. 6. The Preliminary Official Statement in the form circulated prior to this meeting is approved with respect to the information contained therein (excluding information pertaining to the Authority). The County authorizes distribution of the Preliminary Official Statement to prospective purchasers of the Bonds in a form deemed to be “near final,” within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Executive. Such distribution shall constitute conclusive evidence that the County has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the County. The County Executive is authorized and directed to approve such completions, omissions, insertions and other changes to 5 the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the “Official Statement”) and distribution thereof to the purchaser of the Bonds shall constitute conclusive evidence that the County has deemed the Official Statement final as of its date within the meaning of the Rule. 7. The County covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations thereunder, or otherwise cause interest on the Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States of America any part of the earnings derived from the investment of the gross proceeds of the Bonds. The County shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 8. All costs and expenses in connection with the financing of the CIP Project and the issuance of the Bonds, including the Authority’s fees and expenses and the fees and expenses of bond counsel, counsel for the Authority, and the Financial Advisor for the sale of the Bonds shall be paid from the proceeds of the Bonds or other legally available funds of the County. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the County Executive and other officers of the County that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and ratified. 11. This Resolution shall take effect immediately. 6 The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on _______, 2013, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: _____________. Members absent from the meeting were: ______________. Members voting in favor of the foregoing resolution were: _____________. Members voting against the foregoing resolution were: ________. Members abstaining from voting on the foregoing resolution were: __________. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this ___ day of ________, 2013. __________________________________________ Clerk, Board of Supervisors of the County of Albemarle, Virginia [SEAL] Return to exec summary 26222.000047 EMF_US 47057274v4 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Tourism Development Financing Program - Tourism Zone Ordinance SUBJECT/PROPOSAL/REQUEST: Adoption of a Tourism Zone Ordinance for the Crozet Development Area STAFF CONTACT(S): Foley, Davis, Kamptner, Catlin PRESENTER (S): Lee Catlin, Greg Kamptner LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The State has established a financing program (the Virginia Tourism Development Financing Program, hereinafter, the “Program”) for qualifying Virginia tourism development projects (hereinafter, “Project”). The Program enables localities to provide economic and regulatory incentives for Projects that are identified as critical to local economic development and are developed in partnership with developers, localities, financial institutions, the Virginia Tourism Corporation and the Virginia Resources Authority. The Program was introduced to the Board at its April 3, 2013 meeting by County staff and representatives from the Virginia Tourism Corporation and the Virginia Resources Authority. The Board directed staff to provide additional information, including specific critical tourism infrastructure deficiencies in the County that might be appropriate for consideration. At a subsequent presentation to the Board on June 5, 2013, staff recommended that the Board consider an ordinance to establish a tourism zone in the Crozet Development Area, noting the significant deficiency of lodging in western Albemarle County. Without the prominent highway visibility and higher density that exists in other development areas, a smaller scale boutique hotel project could benefit from this program by strengthening its position for lender financing. The Program can only be used for projects located in designated tourism zones, which must be established by ordinance. A public hearing on the proposed ordinance to establish a tourism zone in the Crozet Development Area, which would establish the tourism zone’s boundaries and identify the tourism zone’s purpose, was held on September 4, 2013. During the discussion, Board members raised several questions, which staff will address below. STRATEGIC PLAN: Goal 3. Encourage a diverse and vibrant local economy DISCUSSION: On September 4, 2013, Board members raised the following questions: What is the duration of the financing incentive? Sales tax entitlement will continue as long as there is outstanding debt, which will be determined by the structure of the debt financing package. Both the state comptroller and the County have the ability through the terms of the project’s performance agreement to ensure that the debt structuring arrangement is not abusive in the length of time that is being proposed to retire the debt. Tax incentives cannot be provided for longer than twenty years. In the case of a hotel that includes a restaurant, is there a way to segregate the state’s 1% sales tax so that project gap financing was only coming from hotel rooms and not from restaurant revenues? Staff understands this question to reflect the Board’s concern that the Program might inadvertently subsidize a restaurant in a hotel, which otherwise should be competing with restaurants in the general vicinity. According to information from staff at Virginia Resources Authority, it is possible to segregate the sales tax streams depending on how the “authorized tourism project” is identified in the performance agreement and implementing ordinances and how the project is defined with the Department of Taxation. The hotel could be listed as one business with the Department of Taxation and the restaurant could be listed as a separate business with two distinct Employer Identification Numbers (EINs), so AGENDA TITLE: Virginia Tourism Development Financing Program - Tourism Zone Ordinance October 2, 2013 Page 2 that revenues can be segregated by enterprise. Although it is easy to separate hotel from restaurant Virginia sales tax revenue that is paid to the state (to be returned to pay off the gap financing) by the use of assigned EINs, it will not be easy to separate the larger financing support to the restaurant operations. An onsite restaurant may not exist because the hotel may not exist without the gap financing. It is important to note that a significant number of hotel restaurants are intended to serve as an auxiliary activity to support the lodging function, like an onsite gift store, as opposed to a distinct destination like a freestanding restaurant. Can the program support fully funded projects? This program is intended to provide gap financing, so a fully funded project would not be considered eligible by the Virginia Tourism Corporation, which oversees the program. There must be a gap between the cost of the project and the debt capital (loan) or equity capital, or a combination thereof, for the project. There are reasons that a project may be challenged to receive full traditional financing that do not reflect a lack of viability of the project itself. For example, while a small boutique hotel in the Crozet area may be of a size and scale to fit the community’s needs and succeed in that market, it may not produce the same profit margin and investment desirability as a large national chain hotel with significantly more rooms. The program is intended to finance solid, desirable projects where there is a shortfall in project funding. Other risk management considerations: 1. Any loan would be between the developer and the lender only. The lender would be underwriting the loan based on certain tax entitlement assumptions. The Board could explicitly state in the performance agreement that the County does not guarantee, in any way, the amount of sales or other tax revenue generated by the project. 2. The Program will be developed to ensure, and any performance agreement with a developer will expressly provide, that there will be no risk to the County and no obligation to pay the loan under a “gap financing” Program. How would multiple applications be considered? The Board has the ability to set a threshold to quantify the lodging deficiency that needs to be addressed, i.e. number of rooms. The Board could then consider individual projects based on how well they address the target lodging deficiency and the expected return on investment (ROI) both in financial terms and in supporting the tourism infrastructure in Western Albemarle County. The Board could choose to support one or more projects depending on whether they provide the desired number of rooms either individually or in combination and whether they generate a favorable ROI for the County. Elements of the ROI analysis could include job creation, capital investment, tax revenues, and the business’ ability to leverage existing resources/assets. Program Highlights:  Establishing a tourism zone does not itself convey any incentives, either financial or regulatory, to any project . The tourism zone is a tool that provides for the possibility of gap financing for a project deemed appropriate and desirable by the Board.  The Board has complete discretion over which, if any projects, would be considered under the Program , and over the terms of the performance agreement that would govern the project(s).  The tourism zone is focused on accelerating or making possible projects that address an identified tourism deficiency, benefit the County’s tourism infrastructure, and provide a positive ROI.  The funding in this program is derived from expected future tax revenues that a project will generate, rather than existing tax revenue, and the County can choose which revenue source it will use to match the state funds.  The sole identified tourism deficiency at this point is lodging in the Crozet development area, so only projects that address that deficiency, support the County’s larger tourism strategy and grow the existing cluster of tourism assets in Western Albemarle County would be considered for the gap financing program . BUDGET IMPACT: In order for any future projects to be considered for the Virginia Tourism Development Financing Program, a Tourism Development Plan must be filed with the Virginia Tourism Corporation at a cost of $500.00 to the County. Some staff time would be required from economic development staff and the County Attorney’s Office to assist with several elements of the program , similar to what was required for the Governors Opportunity Fund/Economic Opportunity Fund grants to MicroAire. Any matching contribution to a future Project would be offset by tax revenue generated by the Project. AGENDA TITLE: Virginia Tourism Development Financing Program - Tourism Zone Ordinance October 2, 2013 Page 3 RECOMMENDATIONS: Staff recommends that the Board adopt the attached proposed Tourism Zone ordinance (Attachment A), which includes the tourism zone map. ATTACHMENTS: A – Tourism Zone Ordinance Return to agenda Draft: 08/16/13 1 ORDINANCE NO. 13-A(__) AN ORDINANCE TO ESTABLISH A TOURISM ZONE PURSUANT TO VIRGINIA CODE § 58.1- 3851 COTERMINOUS WITH THE BOUNDARIES OF THE CROZET DEVELOPMENT AREA BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that, pursuant to the authority contained in Virginia Code § 58.1-3851, a tourism zone is hereby established on those lands within the boundaries of the tourism zone shown on the map attached as Exhibit A, which is incorporated herein as a part of this ordinance, and which boundaries are conterminous with the boundaries of the Crozet Development Area as depicted in the Crozet Master Plan; and BE IT FURTHER ORDAINED that the tourism zone established by this ordinance shall be named the “Crozet Tourism Zone”; and BE IT FURTHER ORDAINED that the purpose of the tourism zone will be to provide a gap financing mechanism authorized by Virginia Code § 58.1-3851.1 for those qualifying tourism development projects identified as critical and which address specific critical tourism infrastructure deficiencies under criteria to be established by the Board of Supervisors in conjunction with satisfying all other requirements of Virginia Code § 58.1-3851.1. This ordinance shall be effective immediately. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. __________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Mr. Craddock ____ ____ Ms. Mallek ____ ____ Mr. Rooker ____ ____ Mr. Snow ____ ____ Mr. Thomas ____ ____ ROCKFISH GAP TPKECROZETAVE THREENOTCH'D RDJARMANSGAPRD PARK RD T HURSTON DR B U C KRDLANETOWNRDRAILROA D A VE HALFMILEBRANCHRDO R C H A R DDR C L I NGLN M I NTSPRIN G S R D P A R K V I E WDRHALC YO N D R GOLF D R LAKETREELN BR OWN S G A P T P K E STGEORGEAVE H IL L S B O R O L N P ARKRIDGEDRFOXDALELNSHEL T O N M ILLRDROSELANDFARMHIGHSTMARYMARTFARMRDWHITEHALLRD HE D G E R O WL N BROOKW OO D RD GATEPOSTLNHADENLN¡682 ¡680 ¡691 ¡635 ¡810 }ÿ240 £¤250 RoadsRailroadsCrozet Tourism Zone Prepared by Albem arle CountyDivison of Inform at ion ServicesMap created by Elise Hackett , August 2013. Note: The map elements depicted are graph ic representations and are not to be construed or used as a legal description.This map is for display purposes only. Aerial Imagery 2009 Commonwealth of Virginia Parcels shown reflect plats and deeds recorded through December 31, 2012 µ0 0.5 10.25 Miles Crozet Tourism Zone COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Extending High Speed Internet Service to Rural Areas SUBJECT/PROPOSAL/REQUEST: Update on strategies to advance High Speed Internet Service availability STAFF CONTACT(S): Foley, Letteri, Davis, Culp, Catlin PRESENTER (S): Letteri, Culp LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board directed staff to research grant funding and other strategies to advance the availability of High Speed Internet to underserved areas of the County. Some rural areas of the County currently have no options to access High Speed internet other than Satellite Service. Staff is analyzing how High Speed (3mbps+) connections can be provided to these rural communities. Specifically, staff is working with the School Division, Thomas Jefferson Planning District Commiss ion, and the University of Virginia in efforts to establish a working relationship between the County and one or more Telecommunication Providers to promote an interest by them to provide High Speed Internet to the underserved areas of the County. STRATEGIC PLAN: Goal 3. Encourage a diverse and vibrant local economy; and Goal 7. Promote a valued and responsive county workforce. DISCUSSION: Staff researched the two available grant funding mechanisms and determined that one requires that an existing Telecommunication Provider be the applicant and the other requires that the County set up a Service Authority in order to apply for the funds. Staff plans to focus on the first funding mechanism and establish a working relationship with one or more Telecommunication Providers. The Virginia Broadband Map: http://gismaps.vita.virginia.gov/broadband/ provides an overview of broadband availability throughout the Commonwealth. The map indicates a lack of service availability in many areas of the County. Staff suggests a multi-step process to develop a plan to serve those areas: 1. Invite Telecommunication Providers to the County to discuss the broadband map at a roundtable. Staff will ask for plans, ideas and known funding sources to help facilitate additional service installation. The goal of the roundtable will be to identify the barriers to providing services in select rural areas. One of the outcomes may be the development and deployment of a coordinated survey of underserved areas to determine existing service quality, interest in a higher level of service, and an acceptable rate (dollars per month) customers might be willing to pay. 2. Telecommunication Providers interested in providing service will then develop ideas and suggest ways staff can assist in the High Speed Internet installation efforts. One of the mechanisms may be a joint application for grant funds. 3. The results of the roundtable and Telecommunication Providers’ responses will be summarized and provided to the Board for further discussion. BUDGET IMPACT: The only direct budget impact of moving forward as proposed will be the utilization of staff time . AGENDA TITLE: Extending High Speed Internet Service to Rural Areas October 2, 2013 Page 2 RECOMMENDATIONS: Staff recommends that the Board direct staff to proceed with the proposed roundtable and report back to the Board with a summary of the information obtained from the Telecommunication Providers. ATTACHMENTS: A – List of Telecommunication Providers to Contact B – Sample Survey Questions/Roundtable Discussion Items C – Broadband Strategy Presentation Return to agenda High Speed Internet for Rural Areas of Albemarle County October 2, 2013 Attachment A: List of Telecommunication Providers to be invited to participate in the High Speed Internet Survey, submit a proposal, and/or participate in the High Speed Internet Roundtable US Cellular Erik Brooks (865) 777-7025 erik.brooks@uscellular.com nTelos/Lumos Dan Meenan VP of Engineering meenand@ntelos.com Advanced Network Systems Lori Haney (434) 973-4747 lhaney@getadvanced.net CVALink Brian Gilbreth (540) 967-3973 brian.gilbreth@cvalink.com ZAYO Luke Fuente (918) 295-7188 luke.fuente@zayo.com Fiberlight J. Burke Morton (804) 387-3230 burke.morton@fiberlight.com Centurylink Kelly Curd (434) 971-2664 kelly.b.curd@centurylink.com Blue Ridge Internetworks Baylor Fooks (434) 817-0707 x 2002 baylor@briworks.com AT&T Wireless Pete Hatcher (804) 334-2490 pete.hatcher@att.com Verizon Wireless Jamie Yowell (434) 981-8011 Jamie.Yowell@VerizonWireless.com Sprint Robin Ferguson (804) 912-8252 Level 3 Shaun Harrison (877) 253-8353 shaun.harrison@level3.com Comcast Business Services Tim Garst (434) 566-5485 tim_garst@cable.comcast.com High Speed Internet for Rural Areas of Albemarle County October 2, 2013 Attachment B: Suggested Survey Questions/Discussion Items for the High Speed Internet Roundtable Albemarle County is exploring opportunities to expand High Speed Internet to the rural areas. We’d love to hear from you. As a national, regional, or local telecommunications provider please complete our brief anonymous survey (we will not share the responses as individual items – only shared in the aggregate.) 1. Considering working in and with Albemarle County; what do you or your company see as barriers to installing broadband internet service in the rural areas? 2. What have you seen work when establishing high speed internet in other rural/mountainous communities? 3. What funding sources are you aware of for establishing high speed internet – and how could County Government or the Thomas Jefferson Planning District Commission (TJPDC) help obtain them? 4. Would you or a representative from your company consider participating in an onl ine and “door- to-door” campaign to collect rural resident’s opinions of their broadband internet service (or lack thereof)? 5. Considering Scottsville as a town, is there an opportunity to establish a “broadband cooperative” through the town – and thereby expand high speed internet service from the town into the rural areas of Albemarle County? These questions are intended also to be the discussion items during a round table meeting between the Board of Supervisors and the telecommunication providers. During the round table, staff can share current tower locations and answer questions/concerns regarding our permitting process. Broadband Strategy Agenda •Objective Statement •Broadband Services •Strategies: -Grants -Partnerships -Roundtable 10/2/2013 1 of 8 Objective Statement Extension of reliable high speed Broadband Services to underserved areas of the County. 10/2/2013 2 of 8 Broadband Services •Fiber •Coaxial Cable •Digital Subscriber Line (DSL) •4G/LTE •4G •Satellite 10/2/2013 3 of 8 Broadband Map 10/2/2013 4 of 8 Data as of Dec. 2012, for illustrative purposes only Grants •Connect America •Community Connect Grant Program •Virginia Department of Housing and Community Development Telecommunications Planning 10/2/2013 5 of 8 Partnerships •Interested Telecommunications Providers •Thomas Jefferson Planning District Commission •University of Virginia •Center for Innovative Technology Broadband 10/2/2013 6 of 8 Roundtable •Broadband Map •Barriers to Progress •Request for Ideas •Schedule additional meetings. 10/2/2013 7 of 8 Questions/Discussion 10/2/2013 8 of 8 MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT Acquisitions of Conservation Easements (ACE)Bill Edgerton 8/1/2012 8/1/2013 No Advertised, No applications recv'd Acquisitions of Conservation Easements (ACE)Jason Woodfin 8/1/2013 8/1/2015 waitng for response Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd Agricultural & Forestal District Advisory Council Mark Gorlinsky 5/5/2010 4/17/2014 Resigned Agricultural & Forestal District Advisory Council David van Roijen 4/17/2013 4/17/2017 Ineligible Agricultural & Forestal District Advisory Council Nelson Shaw 4/17/2014 Deceased Agricultural & Forestal District Advisory Council Robin Mellen 4/17/2013 4/17/2017 Ineligible Fiscal Impact Advisory Committee Craig Evans 7/8/2013 7/8/2015 Ineligible Advertised, No applications recv'd Fiscal Impact Advisory Committee John Donohue 7/8/2013 7/8/2015 No Natural Heritage Committee John Foster 9/30/2011 9/30/2015 No Advertised, No applications recv'd Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No Natural Heritage Committee Phil Stokes 9/30/2011 9/30/2015 No Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No Natural Heritage Committee Jim Byrom 9/30/2012 Resigned Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned Natural Heritage Committee Brian Morse 9/30/2013 9/30/2017 waiting for response Natural Heritage Committee Rochelle Garwood 9/30/2013 9/30/2017 waiting for response Natural Heritage Committee Devin Floyd 9/30/2013 9/30/2017 waiting for response Pantops Community Advisory Council Kirk Bowers 6/30/2013 6/30/2016 No Advertised, No applications recv'd Pantops Community Advisory Council Wendy Fisher 6/30/2013 6/30/2016 No Pantops Community Advisory Council Joe Milby 6/30/2013 6/30/2016 No Pantops Community Advisory Council Rita Krenz 6/30/2013 6/30/2016 No Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd Rivanna Solid Waste Authority Cit. Adv. Comm.Vincent Day 12/31/2013 Resigned Revised 09/26/2013 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Career Firefighters Serving as Volunteers Within the Same Jurisdiction SUBJECT/PROPOSAL/REQUEST: Survey Results of Virginia Localities - Career Firefighters Volunteering within the same jurisdiction STAFF CONTACT(S): Foley, Walker, Davis, and Eggleston PRESENTER (S): Dan Eggleston LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Fair Labor Standards Act (FLSA) is a federal labor law of general and nationwide application, including overtime, minimum wages and child labor protections and the Equal Pay Act. The FLSA generally does not permit an individual to perform hours of volunteer service for his or her employer when such hours involve the same type of services that the individual is employed to perform. Specifically, the Department of Labor's position is that a career firefighter working for a fire department cannot volunteer without compensation for the “same department.” The "same department" can include a volunteer department if it is determined for FLSA purposes to be the same employer as the locality that employs the career firefighter. Unless exempt, employees covered by the FLSA volunteering for the same employer must receive overtime pay for normally scheduled hours worked at a rate not less than one and one-half their regular rate of pay. Albemarle County career fire fighters volunteering their time for a volunteer department within the County, if deemed to be the same employer, would be required to be paid for overtime. Therefore, it has been the County’s policy not to allow career firefighters to volunteer their time as a firefighter with any of the volunteer fire or rescue departments serving Albemarle County. The Board, staff, and volunteers have learned that some Virginia localities are allowing their career firefighters (i.e., employees of the jurisdiction) to willingly volunteer their time without compensation to volunteer departments within the same jurisdiction in which they work. Based on this information, the Board directed staff to survey other peer and like- sized localities within Virginia to ask two specific questions: 1. Do you allow career firefighters to volunteer with other volunteer departments within the same jurisdiction? 2. If you allow career firefighters to volunteer within the same jurisdiction, what policies are in place to govern the process? STRATEGIC PLAN: Goal 5. Ensure the health and safety of the Community DISCUSSION: Staff surveyed 18 Virginia localities, including Albemarle’s peer localities (listed below in bold with asterisk), localities surrounding Albemarle County that employ career firefighters, and other jurisdictions that use a combination of volunteer and career personnel for fire and rescue services. The results are as follows: 1. Do you allow career firefighters to volunteer with other volunteer departments within the same jurisdiction? 2. County Yes No 1. Chesterfield County X 2. Fairfax County X 3. Hanover County* X 4. Henrico County X 5. Manassas City X 6. Prince William County X 7. Roanoke County* X 8. Spotsylvania County* X 9. Stafford County* X 10. Virginia Beach City FD X 11. Augusta County X County Yes No 12. Campbell County X 13. Loudoun County X 14. Louisa County X 15. Orange County X 16. James City County X(1) 17. Rockingham County X(1) 18. Charlottesville X(2) * Albemarle County’s peer localities (1) Employees are paid overtime for time worked when they respond to calls. (2) Employees who are volunteer firefighters outside of the City that respond to the City for station transfers are paid overtime for time worked. AGENDA TITLE: Career Firefighters Serving as Volunteers Within the Same Jurisdiction October 2, 2013 Page 2 Of the localities surveyed, 11 of 18 did not allow their career firefighters to volunteer within the same jurisdiction, including all of Albemarle County’s peer localities. 2. If you allow career firefighters to volunteer within the same jurisdiction, what policies are in place to govern the process? Of the 7 localities that allow their career firefighters to volunteer, two of them (James City County and Rockingham County) pay their employees overtime for time worked when they respond to calls as a volunteer but do not pay employees for stand-by or administrative time worked as a volunteer. James City County and Rockingham County do not have policies that govern the pay-for-volunteering process. The remaining 5 localities that allow their career staff to volunteer (Augusta County, Campbell County, Loudoun County, Louisa County, and Orange County) allow career staff to volunteer with certain conditions. Augusta County  Allows Fire and Rescue employees to freely and without coercion volunteer their services to non-profit fire rescue departments in Augusta County. Complete policy included in attachment A.  Any Fire and Rescue employee that sustains an injury while on volunteer status will not be covered under the County’s Worker’s Compensation program.  Fire and Rescue employees that volunteer their time are not permitted to hold line or administrative officer positions above the rank of Lieutenant or Secretary/Treasurer. They may not serve on any disciplinary and/or policy making boards or on a Board of Directors of a non-profit fire rescue operation in the County. Fire and Rescue employees may serve as a training officer or infectious control officer.  Employees wishing to volunteer their services must sign a “waiver” provided by the Department of Fire Rescue.  Volunteering is permitted at any non-profit fire rescue cooperation within the County where the career employee is not normally assigned.  Employees responding to calls during off-hours as a volunteer are expected to report on time to their normally scheduled shift. Campbell County  Allows Department of Public Safety employees to maintain an active operational membership with a volunteer rescue squad and/or fire department in Campbell County. (Attachment A)  Employee may not serve as an executive level officer of the volunteer rescue squad and may not serve as a representative of the Campbell County EMS advisory committee, Campbell County Rescue Commission and/or as a representative to the Campbell County Joint Fire/EMS Workgroup.  Employee may not serve as the Fire Chief, Assistant Chief and/or Deputy Chief of the volunteer fire department and may not serve as a representative on the Campbell County Fire Commission and/or as a representative to the Campbell County Joint Fire/EMS Workgroup.  Employee may not accept and/or receive any financial compensation if a volunteer rescue squad or fire department provides such. Louisa County  Louisa County Fire and EMS has a policy that governs part-time employment and volunteer services. (Attachment A)  Allows Fire and EMS employees to volunteer their time with a Louisa County volunteer Fire or EMS agency.  Requires the Fire and EMS Chief’s approval before the employee is allowed to participate with a Volunteer Fire or EMS agency.  Requires the employee to track their time as an off duty employee/volunteer. Loudoun County  Loudoun County Human Resources and Fire-Rescue have policies that govern volunteer services. (Attachment A)  Employees of the Department of Fire-Rescue Services may volunteer to perform fire protection and emergency medical services activities for volunteer fire and rescue companies located in Loudoun County, except that such volunteer services may not be performed for the volunteer company to which the employee is regularly assigned.  Employees must file an “Intent to Participate as a Fire/Rescue Volunteer” form which is filed in their personnel file.  An employee may not serve as a volunteer administrative or operational officer, on the Board of Directors, or as a volunteer company representative on the Loudoun County Fire and Rescue Commission, the Loudoun County Fire or EMS Councils, or any of their standing subcommittees. AGENDA TITLE: Career Firefighters Serving as Volunteers Within the Same Jurisdiction October 2, 2013 Page 3  Employees will not be permitted to volunteer for the company affiliated with the worksite to which he/she is regularly assigned. Orange County  Orange County Fire & EMS has a policy that governs volunteer services. (Attachment A)  Employees must have the approval of the Director in order to serve as a volunteer.  Employees are required to maintain a two (2) hour window of separation between any volunteer work time and County paid work time.  Responding to calls as a volunteer within an eight (8) hour time period prior to scheduled County work time is not permitted.  An employee may not serve as a volunteer Chief Officer (to include the Chief & Assistant Chief).  All Fire & EMS employees who volunteer within the County are limited to being an officer in only one (1) fire & rescue agency, either volunteer or career. In the event a County Fire & EMS employee is promoted to an officer’s position within the Fire & EMS Department, the employee will be expected to resign any officer position held in any volunteer fire & rescue agency.  Volunteer hours logged with any volunteer Fire & Rescue Company will not be considered “hours worked” for the purpose of determining overtime or calculating leave time for County Fire & EMS.  Employees will not be routinely assigned to the same station for which they volunteer. Common Themes There are several commonalities among the 5 localities that allow their career staff to volunteer:  Fire rescue administration and/or human resources are notified when an employee volunteers their time.  Employees are not allowed to hold volunteer officer or administrative positions.  Employees that volunteer are not normally assigned as an employee to the same station in which they volunteer. BUDGET IMPACT: The budget impact cannot be determined at this time. RECOMMENDATION: Staff recommends that the Board make no policy change in this matter because County Policy is consistent with the County’s peer jurisdictions operating similar combination departments utilizing volunteer and career personnel for fire and rescue services. ATTACHMENTS: A – Policies of localities that allow career firefighters to volunteer Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2014 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Public Hearing on the Proposed FY 2014 Budget Amendment in the amount of $6,300,580.55 and approval of Budget Amendment and Appropriations #2014031, #2014032, #2014033, #2014034, #2014035, #2014036, #2014038, #2014039, #2014040, #2014041, #2014042, #2014043, #2014044 and #2014046 for local government and school division programs and projects. STAFF CONTACT(S): Foley, Letteri, Davis, and Allshouse, L. PRESENTER (S): Lori Allshouse LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 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 cumulative total of the FY 2014 appropriations itemized below is $6,300,580.55. Because the cumulative amount of the appropriations exceeds one percent of the currently adopted budget, a budget amendment public hearing is required. STRATEGIC PLAN: Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. DISCUSSION: The proposed increase of this FY 2014 Budget Amendment totals $6,300,580.55. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund $ 940,065.40 Special Revenue Funds $ 1,120,241.56 School Fund $ 171,667.52 ECC $ 1,559,974.99 Capital Improvements Funds $ 2,508,631.08 TOTAL ESTIMATED EXPENDITURES – All Funds $ 6,300,580.55 ESTIMATED REVENUES Local Revenue $ 101,734.98 State Revenue $ 287,000.00 Federal Revenue $ 522,855.75 Loan Proceeds $ 949,826.84 General Fund Balance $ 649,016.37 Other Fund Balances $ 3,790,146.61 TOTAL ESTIMATED REVENUES – All Funds $ 6,300,580.55 The budget amendment is comprised of thirty-two (32) separate appropriations as follows, eighteen (18) of which have already been approved by the Board as indicated below: AGENDA TITLE: FY 2014 Budget Amendment and Appropriations October 2, 2013 Page 2 Approved August 7, 2013:  One (1) appropriation (#2014001) to allocate $13,000.00 in funding from the Historic Preservation Contingency to the Historical Society pursuant to the Board of Supervisors’ action on June 5, 2013. This appropriation did not increase the budget;  One (1) appropriation (#2014014) totaling $240,000.00 for the acquisition by Seminole Trail Volunteer Fire Department of the lease rights for a building necessary for Fire and Rescue operations;  One (1) appropriation (#2014015) totaling $50,000.00 to re-appropriate funding for a General Government Capital Program project;  One (1) appropriation (#2014016) totaling $113,286.53 to re-appropriate funding for various special revenue projects;  One (1) appropriation (#2014017) totaling $15,436.00 to continue to provide a part-time officer working under the supervision of the Sheriff’s Office for the Offender Aid and Restoration’s Drug Court program;  One (1) appropriation (#2014018) totaling $23,888.00 to amend the Capital Apparatus Replacement program;  One (1) appropriation (#2014019) totaling $138,105.56 for the County’s RSWA Service Contribution;  One (1) appropriation (#2014020) totaling $1,279,255.11 to re-appropriate funding for Emergency Communications Center projects;  One (1) appropriation (#2014021) totaling $468,637.00 to appropriate grants awarded to the Police Department, the Department of Social Services and Offender Aid Restoration;  One (1) appropriation (#2014022) totaling $21,900.00 for various items in the County Attorney’s Office; and  One (1) appropriation (#2014023) totaling $82,580.72 in grant funding related to a Strategic Prevention Framework – State Incentive Grant grant from the U.S. Substance Abuse and Mental Health Services Administration’s Center for Substance Abuse Prevention through Virginia Commonwealth University (VCU). Approved August 14, 2013:  One (1) appropriation (#2014025) totaling $15,219.88 for an Emergency Communications Center grant. Approved September 4, 2013:  One (1) appropriation (#2014024) to appropriate $8,524.45 for rental income and expenses related to the Old Crozet Elementary School;  One (1) appropriation (#2014026) to allocate $248,529.00 from the Compensation Plan Reserve to various departments. This appropriation did not increase the budget;  One (1) appropriation (#2014027) to allocate $17,879.00 for training and professional development for various departments. This appropriation did not increase the total budget because the funding will be allocated from the Training Pool funding;  One (1) appropriation (#2014028) to appropriate $20,533.00 to the Department of Voter Registration and Elections;  One (1) appropriation (#2014029) to appropriate $40,000.00 to the Department of Social Services for the state-funded Strengthening Families program; and  One (1) appropriation (#2014030) to appropriate $4,353.00 to the Office of Housing for an additional three months of funding for Virginia Supportive Housing. The fourteen (14) appropriations requested for Board approval on October 2, 2013 are as follows:  One (1) appropriation (#2014031) totaling $432,212.86 to re-appropriate various internal service funds, grants, donations, and seized asset accounts;  One (1) appropriation (#2014032) totaling $459,179.51 to re-appropriate funding for various General Fund projects;  One (1) appropriation (#2014033) totaling $558.33 to appropriate donations to the Parks and Recreation Department;  One (1) appropriation (#2014034) to re-appropriate $2,951,749.77 for various General Government Capital Program projects;  One (1) appropriation (#2014035) to re-appropriate $14,166.47 for various Stormwater Capital Program projects;  One (1) appropriation (#2014036) to re-appropriate $ 56,551.28 for various School Capital Program projects;  One (1) appropriation (#2014038) totaling $265,500.00 for Emergency Communications Center appropriations; AGENDA TITLE: FY 2014 Budget Amendment and Appropriations October 2, 2013 Page 3  One (1) appropriation (#2014039) totaling $9,000.00 to appropriate state revenue to the Police Department for temporary wages;  One (1) appropriation (#2014040) totaling $15,000.00 for a Department of Motor Vehicles Grant;  One (1) appropriation (#2014041) to re-allocate $97,500.00 for the project management services of the Northside Library and Storage Facility. This appropriation will not increase the total budget because the funding will be allocated from other Capital projects’ project management services;  One (1) appropriation (#2014042) to appropriate $81,338.00 of funding from the Intern/Fellowship Fund to the Office of Management and Budget. This appropriation will not increase the budget;  One (1) appropriation (#2014043) which will decrease funding by $596,724.44, which will reconcile funding in the Capital Program actually expended in FY 13;  One (1) appropriation (#2014044) to re-appropriate $171,667.52 for outstanding school division purchase orders (POs); and  One (1) appropriation (#2014046) to allocate $9,345.00 from the Reserve for Contingencies to the Board of Supervisors for court ordered legal expenses. This appropriation will not increase the budget. RECOMMENDATIONS: After the public hearing, staff recommends approval of the FY 2014 Budget Amendment in the amount of $6,300,580.55 and approval of appropriations #2014031, #2014032, #2014033, #2014034, #2014035, #2014036, #2014038, #2014039, #2014040, #2014041, #2014042, #2014043, #2014044 and #2014046 to provide funds for various local government projects and programs as described in Attachment A. ATTACHMENTS: Attachment A – Appropriation Descriptions Return to agenda Purpose To provide the Personnel of the Fire-Rescue Department a procedure to volunteer with non-profit fire and rescue corporations within the County of Augusta. Standard Operating Procedure Fire and Rescue employees may freely and without coercion volunteer their services to non -profit fire and rescue corporations in Augusta County. In accordance with the interpretation issued by the U.S. Department of Labor, those employees shall receive no compensation for such services. Any employee sustaining an injury while on volunteer status will not be covered under the County’s Workers Compensation program. Fire and Rescue employees volunteering in non-profit fire and rescue corporations in the County are not permitted to hold line or administrative officer positions above the rank of lieutenant, secretary and treasurer, serve on disciplinary and/or policy m aking boards, or on a board of directors of a non -profit fire and rescue corporation in the County. Fire and Rescue employees may serve as a training officer or infectious control officer. Any Fire and Rescue employee wishing to volunteer his or her services t o a non-profit fire and rescue corporation in the County must sign a disclaimer provided by the Department of Fire and Rescue. Failure to sign the disclaimer will prohibit the employee f rom volunteering. Volunteering is permitted at any non-profit fire and rescue corporation within the County where the career employee is not normally assigned. Fire and Rescue employees responding to calls during off -hours as a volunteer are expected to report for their normal scheduled shift unless directed not to report by the Chief or Deputy Chief of the Department of Fire and Rescue. END Bruce W. Crow January 17, 2003 EFFECTIVE DATE AD-12 SOP NUMBER APPROVED BY Fire-Rescue Division Chief Career - Volunteering Administration CATEGORY SUBJECT Augusta County - Waiver I, ____________________________________________, hereby acknowledge and agree that I have not been asked, induced, coerced, intimidated, or required to volunteer my services to any non-profit fire or rescue organization located in Augusta County by any Augusta County personnel. I understand and acknowledge that any services I may render to any non-profit fire or rescue organization is of my own free will and that I will not receive compensation of any kind from Augusta County for such volunteer services. No one from the Augusta County Department of Fire and Rescue, or any other person representing Augusta County, has made any representations to me to the con trary concerning my decision to either volunteer or not volunteer in any non-profit fire or rescue organization. I further understand and agree to abide by the policy implemented by the Fire -Rescue Department complaint with the US Department of Labor pertaining to paid staff of the Department of Fire and Rescue volunteering their services at non -profit fire or rescue organizations within Augusta County. I further understand that any bodily or mental injury or illness sustained by me resulting from or in the course of providing volunteer services to any non-profit fire or rescue organization will not be covered by the County’s workers compensation insurance program at this time or any time in the future, and; I hereby waive and release any claims, including claims under The Fair Labor Standards Act, that I now have or may have in the future against Augusta County, its officers, employees, and agents, resulting from or related to my volunteer activities with any non-profit fire or rescue organization within Augusta County. _____________________________________________________ ___________________ Signature of Employee Volunteer Date LOUISA COUNTY FIRE & EMS STANDARD DEPARTMENT POLICY SUBJECT: Off-Duty Employment or Volunteer Fire/EMS S.D.P. 204 PAGE 4 OF 7 CATEGORY: Administrative Policy EFFECTIVE DATE: 08/01/2009 REVISION DATE: 07/01/2012 APPROVED BY: KEITH GREENE, FIRE CHIEF DEPARTMENT OF FIRE & EMS FORMS REQUIRED: F/EMS-001, Off-Duty Employment Report NOTE: Current forms are located on the County’s H drive. PURPOSE: To eliminate conflict of interest and/or conflict of duty occurring as the result of an employee’s off-duty employment or volunteer activities and to ensure that the employee’s performance is not impaired as a result of these off-duty activities. DEFINITIONS Conflict of Interest and/or Conflict of Duty: Engaging in any employment, activity, or enterprise that has been or may be determined to be inconsistent, incompatible, or in conflict with the duties, functions, or responsibilities of Fire and EMS Department employment. Impairment of Duty: Reporting for duty in a condition that prevents employees from performing all assigned and related duties of their position in an effective manner. POLICY Off-duty employment shall not be allowed when said employment is deemed a conflict of interest and/or duty. Employees are expected to report for work prepared to perform in a satisfactory manner. Documented impairment, as the result of off-duty employment that adversely affects performance shall be grounds for review of authorization for that employment. REGULATIONS GOVERNING ALL OFF-DUTY EMPLOYMENT/VOLUNTEER FIRE/EMS The Fire and EMS Chief shall approve all off-duty employment and requests to participate with a Volunteer Fire/EMS agency, including off-duty employment for another Louisa County agency. Employees cannot earn pay from another county agency for part-time work while they are on leave from the Fire and EMS Department to work the second job. Employees shall be responsible for keeping all pertinent information regarding their part-time employment current at all times by completing an Off-Duty Employment Report, F/EMS-001, for each part-time job. A separate form shall be completed for each job if the employee is engaged in multiple off-duty employment/volunteer activities. All requests shall be submitted for approval through the chain of command to the Fire and EMS Chief. Approved/Denied Off-Duty Employment Report forms shall be distributed in the method listed below. Original: Forwarded to the Human Resources Department for filing. Copy: Forwarded to employee. Status Change in Part-Time Job If the employee changes part-time jobs, a new Off-Duty Employment Report form is required. If the employee ceases to work the part-time job, the Fire and EMS Chief is to be notified in writing. Appeal Process An unfavorable decision may be appealed using the County grievance process. Documented approved/denied appeals shall be distributed in the method listed below: Original: Forwarded to the Human Resources Department for filing. Copy: Forwarded to the employee. Recall to Duty Because full-time employees may be required to report for duty outside of their normal work schedules, prospective off-duty employers shall be made aware of the potential of the employee being required to return to duty if recall is required. Employees on approved Family and Medical Leave must resubmit their off duty employment request as outlined in B above for re-evaluation and approval. Injuries or Illnesses Related to Off-Duty Employment Uniformed employees who participate in outside volunteer firefighting and/or emergency medical care activities may potentially impact coverage under Workers’ Compensation relating to certain injuries and/or occupational illnesses and diseases (e.g., cancer, hepatitis, etc.). This may also hold true for uniformed employees who participate in part-time (paid) firefighting and/or emergency medical care activities. In addition, other off- duty employment positions where uniformed employees are exposed to microorganisms, particulates, and/or other various toxins causing illnesses and/or diseases may impact coverage under Workers’ Compensation. Uniformed employees who become physically or mentally incapacitated and cannot perform their regular duties with the Fire and EMS department as a result of off-duty employment (and such incapacity is likely to be permanent), may be considered for Virginia Retirement System disability retirement Continuous Work Hours Unless prior approval is granted by the Fire and EMS Chief, personnel shall not work in excess of 36 hours in a 48-hour period to include their work (regular and overtime) for the Fire and EMS Department, as well as for any other county department or off-duty employment. County of Orange Fire & EMS Standard Operating Guidelines Effective Date: SOG Category & Identification Number: Revision Date: 01/01/2011 Administrative – 2.32 00/00/0000 SOG Title: Service By Employees As Fire & Rescue Volunteers Approved: James Clark, Director, Department of Fire and EMS Re-evaluation Date: # Pages: Signature 01/01/2013 1 Purpose: The purpose of this standard operating guideline is to provide a policy by which fire & rescue employees may serve as volunteers with volunteer Fire & Rescue companies (“volunteer”). The intention is to clarify what is expected of these employees and to minimize the potential for any conflicts that may affect the relationship between the County and the volunteer Fire & Rescue companies. Policy/Guideline: I. Employees must be in good standing in order to serve as a volunteer. II. Employees must have the approval of the Director in order to serve as a volunteer. III. There shall be a two (2) hour window of separation between any volunteer and County paid work time. Responding to calls as a volunteer within an eight (8) hour time period prior to scheduled County work time is not permitted. IV. An employee may not serve as a volunteer Chief Officer (to include the Chief & Assistant Chief). V. All Fire & EMS employees, who volunteer within the County, are limited to being an officer in only one (1) fire & rescue agency, either volunteer or career. In the event a County Fire & EMS employee is promoted to an officer’s position within the Fire & EMS Department the employee will be expected to resign any officer position held in any volunteer fire & rescue agency. VI. Volunteer hours logged with any volunteer Fire & Rescue Company will not be considered “hours worked” for the purpose of determining overtime or calculating leave time for County Fire & EMS. VII. Employees will not be routinely assigned to the same station for which they volunteer. James Clark Director (540) 672-7044 County of Orange Fire & EMS P.O. Box 111 Orange, Virginia 22960 INTENT TO PARTICIPATE AS A FIRE/RESCUE VOLUNTEER I, _______________________________________ hereby notify the Loudoun County Department of Fire and Rescue Services of my intention NOT TO volunteer in the County as an operational or administrative member. I, _______________________________________ hereby notify the Loudoun County Department of Fire and Rescue Services of my intention TO volunteer in the County as an ____________________________________________________. Operational and/or administrative member __________________________________ ______/______/______ Employee’s Signature Date Subject: 01.00.02 Page 1 of 2 SOP: Participating as a Fire-Rescue Volunteer Loudoun County Department of Fire, Rescue, and Emergency Management STANDARD OPERATING PROCEDURE Section: Administration SOP: 01.00.02 Subject: Participating as a Fire/Rescue Volunteer REVISED Effective: 02/01/04 Revised: 12/20/11 Approved: _________________________________________________ W. Keith Brower, Jr., Chief of Department PURPOSE To provide guidance for Department employees who are also members of volunteer fire and/or rescue companies within Loudoun County. SCOPE This policy applies to all Full-Time Personnel employed by the Loudoun County Department of Fire, Rescue, and Emergency Management. DEFINITIONS Full-Time Personnel – An employee who is scheduled to work 37.5 or more hours per week. POLICY Under Section 4.2.07 of the Loudoun County Human Resources Policy Handbook, Department employees are permitted to volunteer their time in support of volunteer fire and rescue organizations within the County, except that such volunteer services may not be performed for the volunteer company to which the employee is regularly assigned. PROCEDURE 1. Full-Time Personnel are permitted to volunteer within the County, with the following restrictions: a. An employee may not serve as an administrative or operational officer for a volunteer fire or rescue company within Loudoun County. b. An employee may not serve as a member of the Board of Directors for a volunteer fire or rescue company within Loudoun County. c. An employee may not serve as a volunteer company representative on the Loudoun County Fire and Rescue Commission, the Loudoun County Fire or EMS Councils, or any of their standing subcommittees. Subject: 01.00.02 Page 2 of 2 SOP: Participating as a Fire-Rescue Volunteer d. Personnel who are operational volunteers within Loudoun County are not eligible for compensation under SOP 05.00.06, Performance of Job Duties by Off-Duty Personnel. e. Regardless of the jurisdiction where an employee volunteers, he/she shall not allow such volunteer participation to adversely affect his/her performance while at work. 2. All employees will complete Form 014 (Intent to Participate as a Fire/Rescue Volunteer), which will be maintained in their departmental personnel file and updated annually. 3. Employees will not be permitted to volunteer for the company affiliated with the worksite to which he/she is regularly assigned. a. Situations where employees are temporarily detailed or permanently transferred to a worksite affiliated with his/her volunteer company will be handled on a case-by-case basis. Attachment A Appropriation #2014031 $432,212.86 Source: Local Revenue $ 14,379.53 Federal Revenue $ 107,565.00 Gen. Fund Fund Balance $ 32,044.47 Other Fund Balances $ 278,223.86 This request is to appropriate and re-appropriate funding associated with Special Revenue Funds, including seized asset accounts, performance bonds, grants, donation funds, and internal service funds. The funding requested for re- appropriations has not been expended as of June 30, 2013 and is expected to occur in FY 14.  This request is to re-appropriate $1,084.24 from a private donation to support the work of the Natural Heritage Committee (NHC). This private donation was originally appropriated in July 1, 2009 and was made to specifically support the work of the NHC. The Cha ir of the NHC has requested the donated funds be re- appropriated so the committee can use the funds to support its mission, which is to maintain and restore the County's native biological diversity and provide a healthy environment for the citizens of Albe marle County.  This request is to re-appropriate $46,074.00 for a replacement vehicle and related equipment in the Darden Towe Park Fund, which is funded by the County and the City of Charlottesville . This vehicle replacement was appropriated in FY13, but will not be delivered until FY14.  This request is to re-appropriate $119,471.86 in the Vehicle Replacement Fund and includes (1) $104,471.86 for four replacement vehicles appropriated in FY13, but delivered in FY14 and (2) a $15,000.00 emergency replacement contingency that exists to facilitate the prompt replacement of vehicles that might be totaled and cannot be funded entirely through insurance receipts.  This request is to re-appropriate $267.89, the remaing balance of donations received by the Fire/Rescue Department. In FY 08, the Albemarle County Fire/Rescue Department received $12,000.00 from the J&E Berkley Foundation. In FY 11 a second donation in the amount of $578.67 was received. This re - appropriation is for the balance of those donations to be used for 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 households that are at risk and usually cannot afford smoke detectors.  This request is to re-appropriate $116,521.55 for a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (EMW -2012-FO-00667) awarded to the Fire Rescue Department. This grant will provide training. The majority of the grant will fund instructors (internal through overtime and external through contracts) to train volunteers to the level of Firefighter 1 and Firefighter 2. A portion of the training will be directly for instructors to increase the number of available instructors in the Department, and the remainder of the grant will fund overtime costs related to the Department’s obligations to the regional hazmat team and its need to send employees to hazmat training to attain Technician/Specialist level.  This request is to re-appropriate $26,225.00 to support the Belvedere Bond Default Project. The funds are proceeds from six letters of credit that secured developer performance bonds for Belvedere Phase 1 and Belvedere Phase 1, Blocks 3, 4A, 5A, 6B & 9A on which the County collected payment due to the developer’s non-performance. The funds will be used to complete the specific improvements that were secured by the bonds. The County project will be conducted in 2 phases. Phase 1 includes work on Belvedere Boulevard from Rio Road to Free State Road (railroad bridge). This phase is currently on hold pending resolution of funding issues and the extent of quality issues with the base asphalt identified by VDOT. Phase 2 is the remaining Belvedere Boulevard (Free State Rd. to the Village Green) and the residential "blocks.” Bids were opened for this phase on May 15, 2013. S. L. Williamson Company was the sole bidder and only provided a bid on three of the nine bid items (each bonded improvement must be shown as a separate bid i tem). A contract is being awarded to S. L. Williamson for the three bid items. Notices to Proceed have been issued to three contractors and the fourth notice should be issued before the end of August. It is anticipated that the Phase 2 work will be completed by the first quarter of calendar year 2014.  This request is to re-appropriate $2,525.53 in contributions that were received during FY 13 to support the Sheriff’s volunteer reserve programs and an additional $350.00 in donations received during FY 14 for a total appropriation of $2,875.53. These contributions will support the various reserve programs such as Project Lifesaver, TRIAD, Search and Rescue, child fingerprinting, and any other programs/activities that the Reserves are involved in within the community. Attachment A  This request is to re-appropriate $119,692.79, the FY 13 balance remaining in seized asset funding received from the Department of Criminal Justice Services, for the Police Department and the Commonwealth’s Attorney’s Office, 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. Appropriation #2014032 $459,179.51 Source: General Fund Fund Balance $ 441,080.34 Federal Revenue $ 18,099.17 The following requests are to re-appropriate FY 13 funds to complete projects that were started in FY 13, to provide funding for purchase orders (POs) initiated in FY 13 but delivered in FY 14, and to move FY 13 funding forward to meet ongoing or anticipated needs in FY 14. These requests are planned to be one-time expenditures.  Human Resources: Requests the re-appropriation of $1,045.00 in unexpended tuition reimbursement program funding;  Finance: Requests the re-appropriaton of $44,000.00 to implement software changes in order to comply with state-mandated changes for Virginia Retirement System (VRS) contributions, record management, and reporting for calendar year 2014;  Information Technology: o Requests the re-appropriation of $28,470.00 to perform ongoing integration services for the County’s financial systems and for Great Plains (GP) upgrades. Services will include integrations with SharePoint and GP and a GP upgrade, which will include an upgrade to the Telestaff(Public Safety) System integration with Great Plains and the new Applicant System. o Requests the re-appropriation of $11,420.22 for consultant services to assist IT and the Office of Management and Budget in completing the migratation and upgrades to the County’s Performance Management system and website.  Voter Registrar and Elections: Requests the re-appropriation of $1,000.00 for document scanners to comply with new electronic storage requirements from the State Board of Elections and $3,532.00 for computer maintenance and replacement expenditures inadvertently excluded from the FY14 budget;  Sheriff: o Requests the re-appropriation of $900.00 toward the purchase of replacement equipment; o Requests the re-appropriation of $6,453.21 of the balance remaining in fingerprinting fees to purchase volunteer reserves’ uniforms, equipment, and other miscellaneous expenses.  Commonwealth’s Attorney: Requests the re-appropriation of $4,685.00 for furniture replacement appropriated in FY13 and delivered in FY14;  Police: o Requests the re-appropriation of $74,274.90 for traffic safety programs based on prior years’ revenues over expenditures related to the PhotoSafe Program. These revenues are intended to only fund traffic safety programs and not general local government operations; o Requests the re-appropriation of $31,761.30 for Police equipment purchase orders that were issued during FY13 and delivered in FY14;  Fire Rescue: o Requests the re-appropriation of $59,780.07 for equipment and supply purchases appropriated and purchase orders issued in FY13 that will be incurred in FY14; o Requests the re-appropriation of $17,074.13 for volunteer advertising and marketing efforts appropriated in FY13 that will be expended in FY14; o Requests the re-appropriation of $6,422.12 for donations appropriated in FY13 that will be expended in FY14. These donations support various efforts including the car safety seat program, public education and one-time equipment or station furnishing purchases; o Requests the re-appropriation of $52,464.47, the remaining balance in the Volunteer Incentive Program (VIP) fund for Officer Development Program, training, advertising and marketing. This program was approved and initially appropriated in FY09. The Board anticipated that these funds would be used over multiple years.  Social Services: The following requests will be partially funded (26%) with $18,099.17 of unbudgeted federal revenue: o Requests the re-appropriation of $19,283.75 for purchase orders that were issued in FY13 and delivered in FY14 and the completion of projects initiated in FY13 and to be completed in FY14; Attachment A o Requests the re-appropriation of $50,328.43 for temporary staffing to assist the department with workload issues created by employee turnover, temporary staff absences and significant increases in foster care workload;  Parks and Recreation: Requests the re-appropriation of $10,000 from the General Fund fund balance for equipment associated with the Vehicle Replacement Fund re-appropriation request (Appropriation #2014031);  Community Development: Requests the re-appropriation of $1,029.91 to complete training certifications approved in FY13; and  Non-Departmental: Staff requests the re-appropriation of $35,255.00 for unexpended Training Pool funding in FY13. This funding was set aside to address the Board's strategic direction of supporting an evolving workforce and to increase training opportunities for employees and would be included with the Training Pool funding appropriated in FY 14. Appropriation #2014033 $558.33 Source: Special Revenue Fund Balance $ 558.33 This request is to appropriate $558.33 in donations received in a previous fiscal year for the Parks and Recreation Department. The donations will support parks maintenance needs, including Preddy Creek, Byrom Forest, playgrounds, and bike trails. Appropriation #2014034 $ 2,951,749.77 Source: General Gov’t Capital Fund fund Balance $ 2,951,749.77 The following requests are for the re-appropriation of FY 13 funds to the following General Government Capital Program projects.  Pursuant to County policy adopted by the Board on March 13, 2013, “all unspent and unencumbered appropriations allocated for active capital projects shall be re-appropriatied for completion of the projects.” The initial carry-forward estimates identified by staff during the FY 14 budget development process for on- going capital projects were included in the FY 14 Appropriations Resoluton approved by the Board on June 5, 2013. This request is to re-appropriate the remaining project balances for sixteen General Government capital projects in which the anticipated carry-forward funding included in the FY 14 Appropriation Resolution was underestimated at the time of the Board’s review and approval. These re-appropriations will not increase the original project budgets but will carry-forward the remaining balances that exceeded staff’s initial estimates at the end of the fiscal year. These updated carry-forward amounts are primarily due to unanticipated changes in the timing of project schedules. Apparatus Replacement Program-SYSTEM AMBULANCE $5,825.68 City-County Branch Library Repair/Maintenance $61,187.65 Crozet Avenue North Sidewalk $56,074.10 Crozet Library $844,516.84 Crozet Streetscape Phase II $556,534.97 Firearms Range $12,702.00 Fontaine Avenue Sidewalk $17,524.66 GIS Project $49,363.50 Hollymead-Powell Creek Drive Sidewalk $34,499.24 Ivy Fire Station $566,177.05 Parks Maintenance $124,787.89 Police Technology Upgrade $3,402.37 Public Works Facility Maintenance-Jessup House $9,500.00 Records Management $31,501.08 Seminole Trail VFD Renov/Add $331,798.10 South Pantops Sidewalk $25,695.00 Transportation Improvement - Local $9,390.16  The following re-appropriation requests are for active and/or encumbered General Government Capital Program projects that were expected to be completed in FY 13 but were unfinished in FY 13: Microsoft Upgrade: This request is to re-appropriate the remaining balance of $46,303.36 to add disk space to the County’s backup systems at the County Office Buildings located at McIntire Road and Fifth Street. The backup space supports financial records, scanned document images, digital video storage for the Police Attachment A Department, larger business files shared through e-mail, and increased imagery used in GIS and Planning. The project is scheduled for completion during October 2013. Crozet Greenways: This request is to re-appropriate the remaining balance of $24,705.00 to purchase and install three trail bridges at Walnut Creek Park, Old Trail and West Hall. Installation will be completed by the end of October 2013.  The following re-appropriation request is for an ongoing General Government Program maintenance project that was unfinished in FY 13: County Server Infrastructure Upgrade: This request is to re-appropriate the remaining balance of $69,771.36 to complete a major migration of the County’s security (user sign -ons) and e-mail systems. The project is scheduled for completion during September 2013.  The following re-appropriation requests are for General Government Capital Program planned allocations or contingencies that were unspent in FY 13. Rivanna Master Plan: This request is to re-appropriate the remaining balance of $50,000.00 to begin implementation of the Rivanna Master Plan. These funds are to be used towards the Rivanna Greenway/Old Mill Trail design and/or construction in Pantops and eastward to Rivanna Village. These funds may also be used to fund emergency or un-anticipated priority issues/capital projects that may arise during FY 14 in the Village of Rivanna. Volunteer Fire Department (VFD) Contingency: This request is to re-appropriate the remaining balance of $20,489.76 for unexpected apparatus maintenance expenses for the volunteer fire and rescue departm ents. Appropriation #2014035 $ 14,166.47 Source: Storwmater Capital Program Fund Balance $ 14,166.47 The following requests are for the re-appropriation of FY 13 funds to the following Stormwater Capital Program projects.  Pursuant to County policy adopted by the Board on March 13, 2013, “all unspent and unencumbered appropriations allocated for active capital projects shall be re-appropriatied for completion of the projects.” The initial carry-forward estimates identified by staff during the FY 14 budget development process for each on-going capital project were included in the FY 14 Appropriations Resoluton approved by the Board on June 5, 2013. This request is to re-appropriate the remaining project balances for one Stormwater capital project in which the anticipated carry-forward funding included in the FY 14 Appropriation Resolution was underestimated at the time of the Board’s review and approval. This re-appropriation will not increase the original project budgets but will carry-forward the remaining balance that exceeded staff’s initial estimates at the end of the fiscal year. This updated amount is due to unanticipated changes in the timing of project schedule. Western Albemarle High School Stormwater Improvement $9,235.00  The following re-appropriation request for active encumbered Stormwater Capital Program Projects that was expected to be completed but was unfinished in FY 13: Downtown Crozet Wetlands Project: This request is to reappropriate $4,931.47 to support the Downtown Crozet Regional Stormwater Improvements project, which consists of stormwater management for a 250-acre urban watershed through channel improvements, wetlands, and biofiltration. This is is the estimated balance to complete the construction and design purchase orders previously reappropriated by the Board on July 3, 2013. Appropriation #2014036 $56,551.28 Source: WAHS Turf Field Fund Balance $ 10,000.00 Loan Proceeds $ 46,551.28 The following requests are for the re-appropriation of FY 13 funds to the following School Capital Program projects. Attachment A  Pursuant to County policy adopted by the Board on March 13, 2013, “all unspent and unencumbered appropriations allocated for active capital projects shall be re-appropriatied for completion of the projects.” The initial carry-forward estimates identified by staff during the FY 14 budget development process for each on-going capital project were included in the FY 14 Appropriations Resoluton approved by the Board on June 5, 2013. This request is to re-appropriate the remaining project balances for two School capital projects in which the anticipated carry-forward funding included in the FY 14 Appropriation Resolution was underestimated at the time of the Board’s review and approval. These re-appropriations will not increase the original project budgets but will carry-forward the remaining balances that exceeded staff’s initial estimates at the end of the fiscal year. These updated amounts are due to unanticipated changes in the timing of project schedules. Greer Elementary School Renov/Add Phase II $30,743.30 Vehicle Maintenance Facility Lifts $15,807.98  The following re-appropriation request is for an School Capital Program Project that was active but was unfinished in FY 13: Western Albemarle High School Turf Field: This request is to re-appropriate $10,000.00 for the Western Albemarle High School Turf Field fence. The project began in the spring of FY 13 and was completed in August 2013. Appropriation #2014038 $265,500.00 Source: ECC Fund Balance $ 252,500.00 State Revenue $ 13,000.00 The Emergency Communications Center (ECC) requests that the County, acting as fiscal agent for the ECC, appropriate funding from the ECC’s fund balance and state revenue for the following requests, which have been approved by the ECC Management Board:  Requests $250,000.00 for the ECC Network Upgrade Project Phase II.This is the second of a two phase project that will complete replacement of the ECC’s network and server infrastructure. This phase of the project will replace the end-of-life core and Internet firewalls, including enhanced remote access and new web application hosting capability. Disaster recovery will be expanded to include mirrored off -site storage and backup/restore capability, including computing infrastructure to restore databases and services via the Backup ECC. The regional public safety wireless network (WLAN) controller will also be replaced.  Requests $2,500.00 for the annual purchase of additional batteries for the 800 MHz regional radio cache which is maintained by the ECC. This is for replacement batteries for the 80 handheld units.  Requests $2,000.00 provided by the Virginia E-911 Board through Virginia Information Technologies Agency (VITA) for Public Safety Communications personnel training.  Requests $3,500.00 provided by the North Anna Power Plant for equipment for Emergency Management staff. The funding is managed through the Virginia Department of Emergeny Management based on the distance in miles from the power plant.  Requests $7,500.00 for a Local Emergency Management Program Grant (LEMPG) that is used to supplement local Emergency Management efforts. This grant is managed by the City of Charlottesville, which provides funding to the ECC to supplement the salary of the Assista nt Emergency Management Coordinator. Appropriation #2014039 $9,000.00 Source: State Revenue $ 9,000.00 This request is to appropriate $9,000.00 in state revenue from Department of Criminal Justice Service to the Police Department. This non-grant funding will provide temporary wages related to the gang assessment team for the GRACE (Gang Reduction Achieved through Community Engagement) Committee. Attachment A Appropriation #2014040 $15,000.00 Source: Federal Revenue $ 15,000.00 This request is to appropriate $15,000.00 in federal revenue for a grant awarded by the Virginia Department of Motor Vehicles to the Office of the Sheriff. This grant requires matching funds of $7,500.00 , which will be provided by the existing budget for the Office of the Sheriff for a total of $22,500.00. The underlying goal of this grant is to decrease speed-related fatalities through speed enforcement efforts. Appropriation #2014041 $0.00 This appropriation will not increase the County Budget. Source: General Fund Fund Bal $ -9,000.00 General Gov’t Capital Fund fund Balance $ 32,075.00 School Capital fund Balance $ -23,075.00 The Office of Facilities Development provides project management support for School and Local Government’s capital projects and charges hourly-based project management (PM) fees. Initial project management budgets are estimated based on the number of projects and the time anticipated to complete the projects. This request is to adjust project management budgets by appropriating $97,500.00 from various currently budgeted project management fees (see below) to the Northside Library and Storage Facility project for anticipated project management services. The total project budget for the Northside Library project approved and appropriated by the Board on May 1, 2013 included estimated PM fees; however, at the end of FY13, these PM fees were not carried forward as part of the the multi-year appropriation process and therefore require appropriation at this time. Amount Source: Description: -$25,000.00 General Gov’t Capital Fund fund Balance PM - Unassigned Local Government projects -$9,375.00 General Gov’t Capital Fund fund Balance PM - Transportation PM -$2,250.00 General Gov’t Capital Fund fund Balance PM - Parks Maint Projects -$16,200.00 General Gov’t Capital Fund fund Balance PM - Master Plan -$12,600.00 General Gov’t Capital Fund fund Balance PM - Sidewalks -$9,000.00 General Fund Fund Bal PM - Local Government -$23,075.00 School Capital fund Balance PM - Unassigned School projects $97,500.00 General Gov’t Capital Fund fund Balance PM – Northside Library Appropriation #2014042 $0.00 This appropriation will not increase the County budget. Source: Intern/Fellowship Fund $ 81,338.00 During the FY 14 budget process, the Board approved $166,500.00 in one-time funding to establish a flexible one- year internship program for college and grad school graduates who are seeking experiences in local government. The intent of the program, which has been re-named the County’s Fellowship program to distinguish it from the County’s other undergraduate level internship programs, is intended to provide a meaningful and goal -oriented experience in which individuals learn about careers in local government with the purpose of benefiting both the County and the Fellows. The Board of Supervisors approved an appropriation on July 3, 2013 to allocate $51,685.00 from the Fellowship Program Fund to the Office of Management and Budget (OMB) to fund one Fellowship position. This appropriation allocates an additional $81,338.00 from the Fellowship Program Fund to the Office of Management and Budget (OMB) to provide funding for the salary and associated costs for two additional full-time fellowships. These two Fellows will work with the existing Fellow across the organization on strategic, multi-departmental projects that require complex analysis and/or research. Requests for projects will be submitted by department heads and approved by the County Executive’s Office. Appropriation #2014043 -$596,724.44 Source: General Gov’t Capital Fund fund Balance $ -1,500,000.00 School Capital Loan Proceeds $ 903,275.56 Attachment A As the counterpart of Appropriation Request # 2013109, this request is to appropriate a transfer totaling $1,500,000.00 from the School Capital Fund to the General Government Capital Fund to (a) return the funds used to maintain positive balances in the FY 13 funds pending receipt of loan proceeds this fall in FY 14. This request is to also reduce certain FY 14 Capital projects’ budgets for expenses incurred in FY 13. These School Capital projects were approved and included in the Adopted FY 14 Capital Budget, however, the projects experienced expenditures in FY 13, as it was necessary for School contstruction work to start in mid-June to ensure that work would be completed before the start of school in late August. Although no bills were paid in FY 13 for these projects and FY 14 funds were appropriated for these project costs, bookkeeping requirements require that the funding be shown as a FY 13 expense. For the FY 15 - FY 19 CIP, staff will propose options which will employ best practices and accommodate these types of tightly scheduled School CIP projects. This appropriation will decrease the use of General Government Capital Fund fund balance by $1,500,000.00 and will increase the use of the School Capital Fund loan proceeds by $903,275.56. To offset the increases in FY 13 Captial project budgets, this request will also decrease the FY 14 School Capital School Capital Maintenance program budget by $451,413.00, decrease the FY 14 Murray High School project budget by $92,424.44, and decrease the FY 14 Contemporary Learning School project budget by $52,887.05. The total net FY 14 budget decrease would be $596,724.44. This appropriation is contingent upon the Board’s approval of Appropriation #2013109, which is included in the FY 13 Appropriations and Amendments Executive Summary also scheduled on the Board’s October 2, 2013 Consent Agenda. Appropriation #2014044 $171,667.52 Source: School Fund Balance $ 171,667.52 This request is to re-appropriate $171,667.52 in funding for Albemarle County Public Schools Design 2015 Innovation Labroratory. Educators throughout the division are invited to submit proposals for pilot programs that inc orporate innovative technologies, develop new instructional models, enhance the learning environment and include components to assess student progress. Programs can be for an individual school or a group of schools and must have the capability to be shared across the division. This request is to re-appropriate funding for items that were ordered up to 12 weeks prior to the end of FY 13 but were not received in FY 13. Items ordered include technology, equipment and furniture purchases. Appropriation #2014046 $0.00 This appropriation will not increase the County budget. Source: Reserve for Contingencies $ 9,345.00 This request is to appropriate $9,345.00 from the Reserve for Contingencies to the Board of Supervisors for court ordered legal expensees for former Board member Chris Dumler’s defense of the petition seeking to remove him from the Board. Return to exec summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY15 VDOT Revenue Sharing Program Participation SUBJECT/PROPOSAL/REQUEST: Resolution authorizing participation in the VDOT Revenue Sharing Program and project(s) proposed for Revenue Sharing funds STAFF CONTACT(S): Walker, Davis and Benish PRESENTER (S): David Benish LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: VDOT has established November 1, 2013 as the deadline for receipt of applications/proposals for the FY15 Revenue Sharing Program . VDOT has set this deadline for its FY15 Program in order to determine the level of state funds needed to maximize local participation in this program . Please see the attached August 2, 2013 letter from VDOT for further explanation of this year’s application process (Attachment A). For FY15, it is anticipated that the Revenue Sharing Program will potentially match, dollar-for-dollar, up to $10.0 million, a locality’s contribution toward funding transportation projects. At this time, VDOT does not know what the final allocation for the FY15 program will be. In the summer of 2013, VDOT awarded the County $1.1 million in FY 14 Revenue Sharing Program funds. This allocation, along with the County’s match, will be used for enhanced signal synchronization on US 29 north (City limits to Hollymead) and the construction of four sidewalk projects identified in the County’s CIP. Those sidewalks projects are: Rio Road east (from Stonehenge to Pen Park Road and Pen Park Road); Old Lynchburg Road Asphalt Walkway Upgrade (from Region10 Offices to Fifth Street), Avon Street in two locations near Mill Creek and Arden Drive; and US 250 west in Crozet (in the Cloverlawn and Blue Ridge Shopping Center area). STRATEGIC PLAN: Goal 2. Provide community facilities that meet existing and future needs; and Goal 5. Ensure the health and safety of the community. DISCUSSION: County and VDOT staff have met to review the FY15 Revenue Sharing Program requirements and guidelines, the County’s priority lists of transportation projects and State priorities for project funding. As a result of these discussions, staff has determined that the majority of the County’s higher priority road projects are not at a stage where they can be strong candidates for the FY15 program due to the total cost of the projects and the length of time needed to secure funding and to design the project (i.e. Berkmar Drive extension, Proffit Road improvements). Due to the importance of providing for pedestrian safety and multi-modal transportation facilities in the urban area, and the limited amount of funding available in the CIP for new construction projects, staff recommends that Revenue Sharing Program funds continue to be use to for the Construction of sidewalks identified in the Capital Improvements Program (Attachment B). The following project is the recommended project for funding in FY15:  Ivy Road (from the City Limits to UVA Police Offices/US 29-250 Bypass) ($1,600,000) – This project would provide for sidewalk, bike lanes, street trees/landscape and drainage improvements in a highly developed area of commercial and residential development. The project would extend bikelanes or paved shoulders to the intersection of Canterbury Road (Bellair), just west of the Bypass. This is the highest priority project on the sidewalk construction list that has not been funded for cons truction. These improvements have long been identified in the County’s Comprehensive Plan. The area consists of commercial and office uses, and residential developments including University Heights Apartments and the Poplar Glen townhouse development. The County has also received frequent requests for improved bike facilities along Ivy Road. AGENDA TITLE: FY15 VDOT Revenue Sharing Program Participation October 2, 2013 Page 2 BUDGET IMPACT: Participation in the VDOT Revenue Sharing Program leverages matching funds from VDOT to advance important transportation projects. The County has appropriated $879,440 for the local match for the FY15 Revenue Sharing request. RECOMMENDATIONS: Staff recommends that the Board adopt the attached resolution approving the County’s participation in the Revenue Sharing Program for FY15, and requesting $800,000 in Revenue Sharing Program funds for sidewalk s, bike lanes and related improvements to Ivy Road. ATTACHMENTS A – Letter dated August 2, 2013 from VDOT B – CIP FY15 Sidewalk Construction Program Project List C – Map of Ivy Road Project Area D – Resolution Return to agenda Attachment B Page 1 (updated July, 2013) CIP REQUEST: SIDEWALK CONSTRUCTION PROGRAM –PROJECT LIST Projects are listed in priority order: Crozet Avenue North from St. George Avenue to Ballard Drive (north of Crozet ES ) — This project will provide safe pedestrian access to school by providing sidewalk repairs/improvements and installation of a crosswalk and warning lights. A VDOT Safe Routes to School Grant has been received to fund the portion of the project from Crozet Elementary School to Ballard Drive. Construction plans for the portion from St. George to Crozet ES are 90% complete. The design plans for the Safe Routes to School Grant portion will be completed January 2012. The grant- funded portion of the project (crosswalks and warning lights/signage) will proceed as the first phase of this improvement. Total Project Cost- $677,500 (current funding $314,000 ; includes $190,000 Safe Routes to School Grant) (FY13 VDOT Revenue Sharing Funds received) South Pantops Drive from State Farm Blvd to Carriage Hill Apt. and State Farm Blvd from Rt. 250 East to South Pantops Drive – This will provide 3600 feet of sidewalk and complete the pedestrian system in this area, which will serve several residential, business, and commercial establishments. The design plans are 90% complete. Construction easements and some right-of-way need to be obtained. If fully funded this project will go to bid summer 2012. Total Cost - $720,000 (current funding $512,000) (FY13 VDOT Revenue Sharing Funds received) Fontaine Avenue, Research Park to City line – Install sidewalks for a short distance (approximately 170 feet) between the end of the existing sidewalk at the City limits to the Stribling Avenue intersection where the Research Park asphalt path ends. The City’s sidewalk ends abruptly at the city line and pedestrians are left without any facility until they reach the Research Park. Right -of-way may need to be obtained and modification of the existing guardrail may be necessary. Total Project Cost: $87,525 (fully funded) Hollymead Drive/Powell Creek Drive – This project would complete the sidewalk connections to the school complex at three locations and would allow for crosswalks to be installed in various locations, including at the intersection of Ashwood Blvd. and Powell Creek Drive. The Forest Lakes Homeowners Association and the past principals from each school have requested these improvements. All improvements will be within existing right-of- way and new curb & gutters are not needed. Total Project Cost: $194,000 (fully funded) Barracks Road, City Limits to Barracks West Apartments [NEW] – Construct a sidewalk (approx. 1675 feet), crosswalks, and pedestrian lighting from the Barracks West apartments on the north side of Barracks Road to the existing sidewalk near the Georgetown Road intersection. Also construct crosswalks and short segments of sidewalk (where feasible) at strategic locations on the south side of Barracks Road between the Georgetown Road intersection and the City limits. This is an area with a high concentration of residents and five bus stops along, or near, Barracks Road. Many residents of the Barracks West apartments rely on transit and walk along the edge of the road to reach the bus stops on Barracks and Georgetown roads. These improvements have been requested by the Hessian Hills and Canterbury Hill Neighborhood Associations. Total Cost: $400,000 (not funded, new request) (FY13 VDOT Revenue Sharing Funds receiv ed) Hydraulic Road, from Commonwealth Drive to Georgetown Road – This project would install 1700 feet of sidewalk on the north side of Hydraulic Road. Right-of-way will need to be acquired. This road is located in the Development Area with numerous businesses and homes/apartments in the area. There are bus stops in this area. There are also elementary, middle, and high schools in the vicinity, and this area is within walking distance of the Attachment B Page 2 Shops at Stonefield development (formerly known as Albemarle Place). Cost: $345,000 (not funded) (FY13 VDOT Revenue Sharing Funds received) Ivy Road (Rt. 250 west), City limits to Kluge Center/UVA Police Offices– Sidewalks, bike lanes, curb and storm drainage system improvements, street trees and pedestrian lighting from the former Kluge Rehab Center site/UVA Police Office area to the City line. Bikelane or paved shoulder paving/improvements should extend to the intersection of Ivy Road/Rt 250 and Belair Drive. In addition, sidewalk improvements shoul d also include sidewalk/crosswalk improvements at the intersection of Ivy Road and Old Ivy Road (RR underpass to Ivy Road). This project will connect the commercial and surrounding residential areas along Ivy Road to the existing sidewalk system in the City. The cost estimate in prior CIP requests was based on a consu ltant's study procured by County Department of General Services. The cost estimate was increased based on the County Office of Facility Development estimates. Total Project Cost: $1,600,000 (not funded) Old Lynchburg Road Asphalt Walkway upgrade – The project would provide repaving or replacement of the existing asphalt walkway on Old Lynchburg Road, from Fifth Street to the Region 10 building (750 ft). This asphalt walkway is overgrown in some locations and is in need of patching, resurfacing, o r replacement. This walkway will become increasingly important as the new CAT bus route will not stop at the Region 10 building, but will provide a stop on the corner of Old Lynchburg Road and Fifth Street. A portion of the asphalt walkway along Fifth Stre et in the area will also need to be repaired. Cost: $100,000 (FY14 VDOT Revenue Sharing Funds received) Avon Street Walkway/Crosswalks Phase 1 – Initial project is to extend existing sidewalk/asphalt walkway from Mill Creek Drive north to Peregory Lane (1950 ft) and from Stoney Creek Drive southward to Arden Drive (1000 ft), and construct crosswalks to Cale Elementary School. Total Cost: $400,000 (current funding $70,000). (FY14 VDOT Revenue Sharing Funds received) Avon Street Walkway Phase 2 – Construct approximately 6000 feet of sidewalk/asphalt walkway on the east side from the Southern Parkway intersection to the City limits (bridge over I-64 is not built with sidewalks). Total Cost: $800,000 Rio Road (Rt. 631, from Meadow Creek Parkway to Stonehenge & Pen Park Lane)(0.75 miles), – When the MCP is completed, this project would connect Stonehenge, a fairly dense residential neighborhood, to the MCP and Rio Road sidewalk system. The cost estimate in prior CIP requests was based on a consultant's study procured by County Department of General Services. The cost estimate has increased (County Office of Facility Development estimates). Right-of-way will need to be acquired for most of the project. Total Project Cost: $475,000 (FY14 VDOT Revenue Sharing Funds received) US Route 250 West, Crozet – Construction of sidewalk, crosswalks and streetlighting from Cory Farms to the Cloverlawn commercial area and Blue Ridge Shopping Center. The project should also include sidewalk connections from the new sidewalk to the Liberty Hall community and trails connecting to the Lickinghole Creek Greenway trail. (FY14 VDOT Revenue Sharing Funds received) Fontana Neighborhood Sidewalks – Construction of sidewalks (approximately 1700 feet) along strategic portions of Fontana Drive and Verona Drive in the Fontana development in the Pantops area. This subdivision was developed prior to regulations requiring that residential streets to be b uilt with sidewalks. The neighborhood is experiencing speeding and cut through traffic issues and this, along with the hilly topography, is creating conflicts with residents trying to walk in the area. The sidewalks are intend to connect the existing path way system within the development and to connect to sidewalks in adjacent developments. Total Cost: $395,000 (not funded, new request) Attachment B Page 3 Sunset Avenue and Old Stagecoach Road – Provide for sidewalks and bikelanes on Sunset Avenue from Moore’s Creek/City limits to Fifth Street (6800 ft) and on Country Green Road from Sunset Avenue to Old Lynchburg Road (2100 ft). This project will provide the Redfields development and five other apartment and townhouse developments access to bus stops, commercial and office developments, as well as access to parks and greenway trail areas. Improvements to Sunset may be best implemented with the proposed road improvements recommended in the County’s Priority List of Secondary Road Improvements. Total Cost: Country Green, $650,000 (not funded); Sunset Avenue, (recommended for construction as part of road improvement project) Woodbrook Drive from US 29 to Woodbrook ES – This project would install sidewalks along both sides of Woodbrook Drive from the commercial area on the corner of Woodbrook Drive and US 29 to the school (750 ft). Currently pedestrians have to share the road with cars. Right-of-way will need to be acquired for this project. Total Project Cost: $200,000 (not funded) Riverbend Drive from US 250 to Apartments – Install a sidewalk on the east side of Riverbend Drive, from US 250 to the entrance to the Riverbend Condominiums. There is a high level of traffic on this road in an area that consists of office, commercial/retail, and residential uses. The sidewalk would improve pedestrian safety, access to bus service, and would allow for crosswalks to be installed at the Riverbend/US 250 intersection and the Riverbend/South Pantops Blvd. intersection. Total Cost: $ 280,000 (not funded) Woodbrook Drive from US 29 to Berkmar Drive – This project would install sidewalk on the north (Lowes) side of Woodbrook Drive (1150 ft). Pedestrians currently have to walk along the grassed slope behind the curb. Total Project Cost: $220,000 (not funded) Route 240 from Music Today/Star Hill Building to Highland subdivision – This project would install sidewalks from the Highlands development to the Music Today/Star Hill Brewery Building (old Conagra) to where there are currently sidewalks along Rt. 240 (5500 ft). This will allow the residents to walk safely to downtown Crozet. Total Project Cost: $800,000 (not funded) Fifth Street, City limits to south of I-64 [NEW]– Install sidewalk connecting existing sidewalks in the City to an existing asphalt walkway south of the I-64 interchange (2600 ft). Repair and replace (as needed) the existing asphalt walkway from south of the interchange to Old Lynchburg Road (2000 ft). The improvement will provide access to CAT bus service, commercial, office, and residential development in the area, as well as to greenway trails in the City and County. Sections of sidewalk may be funded or constructed with future development of adjacent, undeveloped properties. Total Cost: $700,000 (not funded) Hillsdale Drive, from the JABA Building to Rio Road – This project will complete sidewalks on both sides of Hillsdale Drive between Rio Road and Branchlands Blvd. The County received a VDOT Pedestrian Safety Grant and completed construction of sidewalks and crosswalks on Hillsdale Drive; however, the grant award was insufficient to cover all of the planned sidewalk improvements. The section of sidewalk on the west side of Hillsdale Drive, from Rio Road to the JABA building was not constructed. Total Project Cost: $245,000 (not funded) Old Ivy Road, from Ivy Road to Bypass/Old Garth Road – This project would install a sidewalk or a multi-use path along this section of road. Improvements would also include the installation of lighting to illuminate under the railroad bridge and other safey improvements for pedestrians and cyclist traveling under the bridge Total Project Cost: $900,000 (not funded) [New] Ivy Road (Rt. 250 West) from Bellair Market to Kenridge – This project would install 700 feet of sidewalk (or asphalt walkway) along the north side of US 250 west from the Kenridge residential development to the Attachment B Page 4 commercial/office/retail area near bypass interchange and Old Ivy Road. This will connect existing sections of pathway that were required to be built as part of more recent developments in the area. Currently pedestrians walk on the side of the road very close to vehicles. Total Project Cost: $200,000 (not funded; prior funding ($156,572) reallocated to other CIP projects) Safety projects added to list from County Priorty List of Road Improvements (adopted May 2012) (new to this list—not prioritized with other projects at this time):  Pedestrian crossings at strategic locations on Rt 29 North (not funded) NOTE: The following are constrained projects (right -of-way or easement will not be provided by some property owners at this time) and cannot be developed at this time. Hilltop Street from Tabor Street to Crozet Park – This project would install a permanent sidewalk/path along a road that has numerous pedestrians. Part of this road has an asphalt path that was not meant to be a permanent solution. The residents of Hilltop have to share the road with cars if they walk to the park. Some property owners will not donate right-of-way for project construction. Total Project Cost: $200,000 (full ROW not donated, prior funding has been reallocated to other CIP projects) Tabor Street from Rt. 240 to Park Road – This project would install sidewalks along a narrow road that has numerous pedestrians. The residents of Tabor Street (and surrounding area) have to share the narrow road with cars if they walk to the park or to downtown Crozet. It is likely that additional funding will be needed to cover construction cost. The cost estimate was based on a consultant's study procured by County Department of General Services. Some property owners will not donate right-of-way for project construction. Total Project Cost: $200,000 (full ROW not donated, prior funding has been reallocated to other CIP projects) Timber Pointe Drive to Tompkin Drive- This project would connect the Tompkin Drive (Jefferson Village) neighborhood to the Forest Lakes neighborhood. It is only a short section. The Forest Lakes Community Board has yet to support this project. Total Project Cost: $35,000 (not funded) Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels Ivy Road Sidewalk and Bikelane Project Attachment C Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 20, 2013 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 682 ft RESOLUTION TO PARTICIPATE IN VIRGINIA DEPARTMENT OF TRANSPORTATION REVENUE SHARING PROGRAM FOR FISCAL YEAR 2015 WHEREAS, the County of Albemarle desires to submit an application for up to $800,000 of revenue sharing funds through the Virginia Department of Transportation Fiscal Year 2014 Revenue Sharing Program; and WHEREAS, the County is willing to commit $800,000 in local funds in order to compete for a Revenue Sharing Program award; and WHEREAS, these funds are requested to implement the County’s Sidewalk Construction Program by funding the installation of new sidewalk, bikelanes and related landscape and drainage improvements on Ivy Road (US Route 250) from the Charlottesville City limits to the US29/250 Bypass. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby commits to provide up to $800,000 of local funds in its application for up to $800,000 of revenue sharing funds from the FY 2015 Virginia Department of Transportation Revenue Sharing Program and requests that the Virginia Department of Transportation approve the County’s application. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of ______ to ______, as recorded below, at a meeting held on October 2, 2013. Return to exec summary Page 1 of 4 Culpeper District Albemarle County Monthly Report October 2013 Special Issues  The bridge over the North Fork Rivanna River on Route 649 will be closed September 23- 25 to remove debris against the pier. A detour will be in place directing traffic to Route 600 as done in the past. Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 708, Dry Bridge Road Bridge Replacement over RR Award Begin Construction -- Route 53 Safety Project – Intersection Improvements at Route 729 Right of Way Advertisement October 2013 Route 616, Black Cat Road Bridge Replacement over RR Design Public Hearing Right of Way – September 2013 March 2014 Route 677, Broomley Road Bridge Replacement over RR Design Public Hearing Right of Way – September 2013 December 2014 Route 637, Dick Woods Road Bridge Replacement over Ivy Creek Design Public Hearing Right of Way – September 2013 December 2014 Route 29 Widening, Ashwood to Hollymeade Town Center Preliminary Design Public Hearing December 2015 Route 250, Bridge replacement over Little Ivy Creek Preliminary Design Public Hearing January 2018 Route 774, Bear Creek Road, Unpaved Road -- Project Scoping – 2016 November 2019 Route 703, Pocket Lane, Unpaved Road -- Project Scoping – 2016 November 2019 Route 643 – Reconstruction -- Project Scoping – 2015 -- Route 606 – Dickerson Rd. over North Fork of Rivanna River -- Project Scoping January 2020 Route 29—Adaptive Signal System -- TBD TBD CITY OF CHARLOTTESVILLE: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Best Buy Ramp Design Public Hearing Right of Way – Fall 2013 November 2014 Page 2 of 4 Construction Activities  Route 29 Bypass (FO)0029-002-844 Scope: Design and construction 6.2 miles of highway between Route 250 to north of South Fork of the Rivanna River. Next major milestone: Submit Environmental Assessment to FHWA Contract Completion Date: September 16, 2016 Only activities authorized being performed to include IMR/Traffic Studies for northern and southern termini. If FONSI issued by FHWA, remaining PE activities such as Final design, RW & CN activities can be initiated. Citizen Information Meeting occurred on May 23, 2013. Public Hearings to be scheduled at a later date. Additional NTP 1 activities have been authorized including limited non-destructive geotechnical services in support of the EA Re- evaluation, surveying activities in support of the EA Re-evaluation, and stream and wetland delineations. These services are ongoing and will be completed within the next month.  McIntire Interchange 0250-104-103, PE101 Scope: Construct Interchange at McIntire Road and Rte 250 Next Major Milestone: Completion of Phase 1A by October 2013 which includes Gas & Sanitary Sewer Installations, Dominion Utility Relocations, D602 Box Culvert near the C.A.R.S. facility, McIntire Road construction-Sta.199+00 to 209+50, and construction for the Hillcrest and Birdwood areas. Contract Completion date: July 2, 2015. Project Construction started on March 4, 2013.  Guardrail Repair GR07-967-096, N501 Scope: Guardrail repairs – on call – District wide. Next Major Milestone: Contract Renewal – 3nd term Contract Completion date: July 1, 2014.  Ballards Mill Road 0671-002-6059 Scope: Superstructure replacement, State Forces. Next Major Milestone: Road Closure, November 4th. Proposed Completion: November 29, 2013  Rte 53 HSIP Projects (NFO)0053-002-S30, S31, S32, M501 Scope: Curve improvements at 3 locations on Route 53. Next Major Milestone: Install Curb and Gutter, Drainage Work, Paving, Sign Installations Contract Completion: October 19, 2013  Route 708 Dry Bridge Road (NFO)0708-002-283, C501, B659 Scope: Replace bridge; reconstruct approaches, drainage and incidentals Next Major Milestone: Preconstruction Conference scheduled for Sep 18, 2013. Contract Completion: 12-Sep-14 Page 3 of 4 Traffic Engineering Studies  Completed  Route 672 Blufton Road: Speed study completed; resolution completed; sign installation pending. VDOT Study Number- 003-0672-20130115-011  Route 20 @ Route 250: Intersection pavement marking review; Report completed; pavement marking installation pending. VDOT Study Number - 003-0250-20130301-006  Route 692, Plank Road: School bus stop ahead signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0692-20130305-010  Route 29 and Route 649, Airport Rd: Signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0029-20130403-010  Route 29 @ Britts Mtn. Hollow: Signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0029-20130410-010  Route 866, Greenbrier Drive @ Route 1427, Old Forge Road: Signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0866-20130422-010  Route 600, Watts Passage and Route 641, Burnley Station Road: Sight distance review; Report completed; pavement marking installation pending. VDOT Study Number - 003-0600- 20130425-008  Route 708 @ 2722 Red Hill Road: Signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0708-20130425-010  Route 151 Critzers Shop Road @ Route 803 Goodloe Road: Signing review; Report completed; Sign installation pending. VDOT Study Number - 003-0151-20130425-010  Route 250 @ at Seven Oaks Farm (just east of Rt. 690): Signing review; Report completed; Sign installation pending. VDOT Study Number -003-0250-20130425-010  Route 654 Barracks Road: Crosswalk review; Report completed. VDOT Study Number - 003- 0654-20130624-020  Under Review  Route 742 @ Route 20: Pavement marking review; pending. VDOT Study Number - 003-0743- 20130618-006  Route 1815 Old Trail Drive: Speed study; pending. VDOT Study Num ber - 003-1815-20130618- 011  Route 1815 Old Trail Drive: Signing review; pending. VDOT Study Number - 003-1815- 20130618-010  Route 691: Speed study; pending. VDOT Study Number - 003-0691-20130625-011  Route 631 Rio Road and Putt Putt Lane: Signal warrant review; pending. VDOT Study Number – 003-0631-20130723-009  Route 611 Jarmans Gap Road: Safety and signing review; pending. VDOT Study Number - 003- 0611-20130819-007  Route 606 @ Route 29: Safety review; pending. VDOT Study Number- 003-0606-20130819-007  Route 664 Markwood Road: Safety review; pending. VDOT Study Number - 003-0664- 20130822-007 Page 4 of 4 Maintenance Activities VDOT Area Headquarters crews completed the following activities during the past month. For specific route activities, please contact the Charlottesville Residency Office.  Mowing Completed on all primary routes and 74 secondary routes including subdivisions in Crozet and Earlysville  Machining of non-hard surface roads has been completed on 31 secondary routes  Patching was performed on 3 primary routes and 21 secondary routes  Debris removal along 14 routes  Culverts were replaced on 4 routes and cleaned on 16 routes  Rural Rustic road construction has been completed on Route 787 Gillums Ridge Road Joel DeNunzio Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 JAUNT in Albemarle County FY13 Number of Trips FY11 FY12 FY13 Public Demand-Response Medical 28,358 30,395 29,297 Work 12,911 15,027 16,060 Adult Day Care 325 409 204 Miscellaneous 30,782 35,453 36,337 Public Routes Scottsville 8,005 7,762 7,639 Crozet 4,831 5,275 4,982 Misc. Routes 3,709 4,825 4,037 JABA Routes 3,958 3,213 2,725 Total Public Service 92,879 102,359 101,281 Human Service Agency 7,637 12,817 21,559 GRAND TOTAL 100,516 115,176 122,840 Children 11% Adults 46% Seniors 43% People with Disabilities (all ages) 76% Highlights of the Year in Albemarle County  Ridership held steady in FY13 with modest increases in work and miscellaneous trips – surprisingly, in the wake of all rural fares increasing by $1.00.  All routes declined (presumably due to fare increases). JABA routes were free in the past; now seniors are paying $1.00 roundtrip to get to the nutrition programs.  Agency ridership increased 70%, following last year’s 68% increase. We carried more children to summer programs like PVCC summer camp and the Boys and Girls club, while adults travelled to programs throughout the year.  Small grant programs offered options to seniors for shopping and travel from Crozet to Charlottesville and Woods Edge to CAT routes. Annual Report FY12-13 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 FY12-13 Ray Heron, President, Charlottesville Clifford Buys, Vice President, Albemarle David Feisner, Secretary, Fluvanna Fran Hooper, Treasurer, Albemarle Ray East, Albemarle Juandiego Wade, Albemarle Karl Carter, Buckingham Philip Jones, Charlottesville Katherine Pickett, Charlottesville John Jones, Charlottesville Pat Thomas, Fluvanna Willie Gentry, Louisa Janice Jackson, Nelson Mercedes Sotura, Nelson FROM ThE ExEcUTIVE DIREcTOR AND ThE pREsIDENT If there is one common thread that runs through JAUNT, it’s our sense of community. We are passionate about the communities we serve which is expressed in our dedication and commitment to our passengers. This past year we provided over 300,00 trips for Albemarle, Buckingham, Charlottesville, Louisa, Fluvanna, and Nelson residents. Each trip represents a family member, friend or neighbor you know riding on our buses every day. We take that responsibility seriously and strive to provide the best transportation service we possibly can. Looking back through the past year, there are several things to highlight. We came in under budget once again by significantly reducing overtime and keeping an eye on the bottom line. We continued to improve the quality of our service, which is reflected in a reduction of complaints by 54% and the fact that we exceeded our safety goal by 33%. And finally, back to that sense of community. In collaboration with JABA we received grant funding for an additional JAUNT run to Mountainside, an assisted living community located in Crozet, as well as a shuttle for the residents of Woods Edge Apartments many of whom hadn’t been able to walk to the nearest bus stop. We are glad to provide that service because we know firsthand what a difference transportation can make in the lives of seniors and people with disabilities. As you know, we try to be good stewards of the environment by making decisions that are good for business and good for the planet. Last year we started construction on a pervious surface parking lot and we are pleased to tell you that it has been completed! We posted a great video on our Facebook page demonstrating its amazing ability to completely eliminate runoff to Moore’s Creek which runs behind our facility. Please give us a call and make a reservation to ride so you can experience first hand what JAUNT is all about! Ray Heron, president Donna Shaunesey, Executive Director All of the drivers that I have had have been friendly helpful and professional. The dispatchers and reservations people are the same way. -from 2012 Passenger Survey JAUNT IN BRIEF JAUNT, Inc. is a regional transportation system providing service to Charlottesville, Albemarle, Louisa, Nelson, Fluvanna and Buckingham. The 70 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 FY13 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 SURVEY HIGHLIGHTS Passengers from Albemarle, Charlottesville, Buckingham, Louisa, Fluvanna, and Nelson participated in our annual survey and said that... 98% of the respondents felt that they usually or always receive courteous service when making a reservation. 99% of the respondents reported that the drivers drive safely. 93% of the respondents reported receiving help when needing assistance on and off the bus. The following was reported in the annual agency survey... 100% of the respondents would recommend us to another agency. Two 28 passenger buses were purchased to keep up with Buckingham Commuter Route ridership! Our nonprofit, JAUNT Friends, distributed 1,100 tickets to people in need! JAUNT has gone above and beyond our expectations in serving our clients and is always willing to work with us on anything we’ve requested. Every staff member we have worked with or come in contact with has displayed exceptional customer service. We greatly appreciate JAUNT’s flexibility and professionalism. -Rappahannock-Rapidan Regional Commission TOTAL ANNUAL RIDERSHIP FY12-13 RIDERSHIP 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 1975 1980 1985 1990 1995 2000 2005 2010 2013 TRIP CATEGORIES Medical 77,845 Elderly and Disabled 98,569 Children & Youth 17,627 Senior Meal Programs 15,517 Rural Routes 83,394 Other 22,042 TOTAL 314,994 PASSENGER ORIGIN Charlottesville 106,206 Albemarle 122,840 Nelson 19,244 Fluvanna 13,009 Louisa 33,285 Buckingham 14,649 Other 5,761 TOTAL 314,994 In fine or stormy weather your service is always cheerful & kind, pleasant & welcome! -from 2012 Passenger Survey ExpENsEs Administration $961,575 Operations $4,352,947 Special Projects $113,332 TOTAL $5,427,854 REVENUE Local $2,370, 337 State $910,909 Federal $1,407,990 Agency $495, 880 Fares $507,578 TOTAL $5,692,694 Operations 80% Special Projects 2%Administration 18% Agency 9% Fares 9% state 16% Federal 25% Local 41% OPERATING BUDGET SUMMARY (unaudited figures) Like us on Facebook! This document was printed on recycled paper. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Municipal Separate Storm Sewer System (MS4) Program and Total Maximum Daily Loads (TMDLs) SUBJECT/PROPOSAL/REQUEST: Review new requirements and resource implications related to the County’s programs to manage stormwater and restore impaired waters. STAFF CONTACT(S): Foley, Walker, Letteri, Davis, Kamptner, Graham, Shadman, Brooks, and Harper PRESENTER (S): Greg Harper LEGAL REVIEW: Yes AGENDA DATE: October 2, 2013 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At work sessions on July 3, 2013 and August 7, 2013, the Board was presented with a variety of information in preparation for decisions it would need to make regarding future program levels and funding. A September 4, 2013 work session deviated from this discussion series to address a particular, time-critical element of the overall stormwater management program – modifying the County’s regulatory processes and Water Protection Ordinance to be consistent with new requirements of the Virginia Stormwater Management Program (VSMP). Staff is again deviating from the original discussion to present specific information related to other new State mandates – those related to the County’s Municipal Separate Storm Sewer System (MS4) permit and Total Maximum Daily Load (TMDL) requirements. Staff intends to resume discussions related to future program levels and funding in early 2014. STRATEGIC PLAN: Goal 4a: Work in conjunction with key stakeholders to protect the health of our local waterways and other critical natural resources. DISCUSSION: Albemarle County is authorized to discharge stormwater from its urban areas into State waters by way of a permit issued by the Department of Environmental Quality (DEQ) under Virginia’s implementation of a federal program called the National Pollutant Discharge Elimination System (NPDES). The NPDES program was originally intended to regulate point sources of pollution but was later broadened to include quasi-point sources, including the outfalls of storm sewer systems. Although the County does not own and maintain an extensive, connected network of storm pipes like those found in most cities, the County is nonetheless considered the operator of a municipal separate storm sewer system, or an MS4. MS4s are defined as systems operated by public bodies lying within urbanized areas as identified by the latest census. Albemarle County is one of many MS4s in the Charlottesville urbanized area; others include the City of Charlottesville, the University of Virginia, Peidmont Virginia Community College, and the Virginia Department of Transportation. Only the portion of a public body lying within the urbanized area is regulated; for Albemarle this generally corresponds to the designated development areas. Albemarle County is one of 90 small MS4 operators in Virginia; small MS4s are all covered under the same “general” permit. There are 11 large and medium MS4 operators in Virginia covered under “individual” permits. General permits were first issued in 2003 and have five-year durations. The County’s current permit became effective on July 1, 2013 and expires on June 30, 2018. MS4 permits convey a responsibility to the operator to reduce the discharge of pollutants from regulated areas into State waters to the “maximum extent practicable” (MEP); this contrasts with numeric effluent limits often imposed on traditional end-of-pipe point sources. The MEP standard is presumed to be met if the operator implements an iteritive program consistent with the permit conditions. AGENDA TITLE: MS4 Program and TMDLs October 2, 2013 Page 2 MS4 Permit Requirements The MS4 permit requires the County to develop, implement, and enforce a variety of specific programs. There is some overlap between these requirements and other County programs – both those that predate MS4 permitting and those developed more recently. The responsibility to implement these programs is shared by various departments and staff. Basic permit requirements consist of six minimum control measures (MCMs) as summarized in the following table: MCM Permit Requirement General Description Primary Dept.* Program Overlap 1 public education and outreach increasing public knowledge about steps than can be taken to reduce stormwater pollution GS† - 2 public involvement and participation public noticing and receipt of comments; County participation in local activities GS† - 3 illicit discharge detection and elimination mapping storm sewer system and outfalls; screening outfalls for non-stormwater discharges GS & FR† Fire Rescue; Health Dept; Zoning 4 construction site stormwater runoff control regulating land disturbing activities – including new development – through plan review and inspections CD VSMP (E&S regulations) 5 post-construction stormwater management requiring the construction and long-term maintenance of permanent stormwater management facilities for development CD & GS VSMP (stormwater management regulations) 6 pollution prevention / good housekeeping proper handling, storage, and disposal of materials and nutrient management on County properties GS & PR Environmental Management System * GS = General Services; CD = Community Development; FR = Fire & Rescue; PR = Parks and Recreation † County receives implementation assistance from Thomas Jefferson Soil and Water Conservation Dis trict (TJSWCD) The County must develop and submit comprehensive 5-year Program Plans describing a combination of specific best management practices (BMPs) that will be implemented to fulfill the permit requirements. Annually, the County must report on its progress for each BMP, evaluate the effectiveness of the programs, alter programs as necessary, and submit various records and data. The latest 5-year Program Plan and past annual reports are available at the County’s website (www.albemarle.org/water). In 2012, the County hired a consultant to perform an extensive assessment of the County’s MS4 program. The assessment was commissioned to satisfy a requirement of the permit and to better prepare the County fo r a possible future audit by the Environmental Protection Agency, which, in the cases of some other MS4 operators,has led to financial penalties. The assessment concluded that the program was generally robust but could be improved by having written inter-departmental and inter-organizational agreements, developing various written standard operating procedures, and improving information management systems. Due to the considerable increase in program requirements under the latest permit, operators were not required to submit a complete 5-year Program Plan at the start of the current cycle. Instead, the permit includes a multi-year schedule (Attachment 1) by which permittees must update existing program elements or develop new ones. TMDLs – Chesapeake Bay and Local Waters By far, the most significant change in the new MS4 permit is the requirement to meet pollutant reductions assigned to the County through a State or regional TMDL process. Although the rule is not new, this is the first 5-year permit cycle in which the rule is actually applicable to the County. As background, the final stage of a TMDL planning process is the development of a Watershed Implementation Plan (WIP). WIPs generally include an identification of the primary sources of the pollu tants contributing to the impairment of the waterbody; these may be agricultural practices, wastewater treatment plants, or, an MS4 such as Albemarle County. For each identified source, the WIP includes an estimation of the existing load, such as pounds per year of sediment, and an allocation of a load reduction necessary to restore the impaired water. AGENDA TITLE: MS4 Program and TMDLs October 2, 2013 Page 3 At this point, only two impaired waters have culminated in allocations of pollutant reductions to Albemarle County’s MS4; the Rivanna River and the Chesapeake Bay. Both of these TMDLs require that the County take measures to reduce sediment loads in streams; the Chesapeake Bay TMDL also requires reductions in phosphorus and nitrogen discharges. As more impaired waters are moved forward through the TMDL proce ss and result in load reduction allocations to the County, the County will have to incorporate additional measures to address them through its program. The County’s initial priority in meeting this TMDL permit requirement is to develop long-term action plans which, when implemented, will reduce pollutant discharges to the levels allocated by the TMDLs. The Chesapeake Bay TMDL action plan must be submitted to DEQ by October 2015 and the Rivanna River TMDL action plan by October 2016. With assistance from staff of the T homas Jefferson Soil and Water Conservation District, the County is in the early stages of developing the action plans. Action plan development will require the precise quantification of existing loads, the allocated reductions, and the presumed effects of various BMPs, such as projects and activities. BMP effectiveness and cost data will be used to produce the least-cost and most-practical mix of BMPs which will meet the requirements. The action plans could possibly include a combination of the following:  increased public education and outreach  an incentive program for private BMPs  enhancements to existing public and private stormwater management facilities  new stormwater management facilities to serve already-developed areas  stream and ecological restoration  non-capital measures, such as nutrient management and street-sweeping BUDGET IMPACT: Without yet knowing the specifics of the action plans, staff has estimated that during the next five years the County will require one additional FTE (FY15) in the role of water resources field inspector and two additional FTEs (FY15 and FY18) in the role of water resources planner, engineer, or scientist. These additional positions equate to an estimated annual cost increase of $147,000 in FY15 and an additional $82,000 in FY18. In addition, staff estimates that the cost of implementing an assortment of BMPs to meet the MS4 permit requirements would be approximately $800,000 to $1,000,000 per year. Unlike the positions proposed by Community Development to address the VSMP mandate, the staffing and capital needs described above cannot be funded, in whole or in part, by permit fees. Therefore, the costs would be supported through either the general fund or from a dedicated funding source, if one is created. RECOMMENDATIONS: This information is provided to assist the Board in understanding the general background and resource implications of the new MS4 permit requirements, including those related to TMDLs. ATTACHMENTS: A – Schedule of MS4 Program Updates Return to agenda Attachment X – Schedule of Program Plan Updates Required in New MS4 Permit (source: Table 1 from 4VAC50-60-1240. General permit.) Program Update Requirement Permit Reference Completed By Public Education Outreach Plan (Minimum Control Measure 1 В– Public Education and Outreach on Stormwater Impacts) Section II B 1 12 months after permit coverage (2014) Illicit Discharge Procedures - (Minimum Control Measure 3 В– Illicit Discharge Detection and Elimination) Section II B 3 Individual Residential Lot Special Criteria (Minimum Control Measure 5 В– Post-Construction Stormwater Management in New Development and Development on Prior Developed Lands) Section II B 5 c (1) (d) Operator-Owned Stormwater Management Inspection Procedures (Minimum Control Measure 5 В– Post-Construction Stormwater Management in New Development and Development on Prior Developed Lands) Section II B 5 Identification of Locations Requiring SWPPPs (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 b Nutrient Management Plan (NMP) Locations - (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 c (1) (a) Training Schedule and Program - (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 Updated TMDL Action Plans (TMDLs approved before July of 2008) В– (Special Conditions for Approved Total Maximum Daily Loads (TMDL) Other Than Chesapeake Bay) Section I B 24 months after permit coverage (2015) Chesapeake Bay TMDL Action Plan В– (Special Condition for Chesapeake Bay TMDL) Section I C Stormwater Management Progressive Compliance and Enforcement В– (Minimum Control Measure 4 - Construction Site Stormwater Runoff Control) Section II B 5 Daily Good Housekeeping Procedures (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 a Other TMDL Action Plans for applicable TMDLs approved between July 2008 and June 2013 - (Special Conditions for Approved Total Maximum Daily Loads (TMDL) Other Than Chesapeake Bay) Section I B 36 months after permit coverage (2016) Outfall Map Completed - (Minimum Control Measure 3 В– Illicit Discharge Detection and Elimination) В– Applicable to new boundaries identified as “urbanized” areas in the 2010 Decennial Census Section II B 3 a (3) 48 months after permit coverage (2017) SWPPP Implementation - (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 b (3) NMP Implementation - (Minimum Control Measure 6 В– Pollution Prevention/Good Housekeeping for Municipal Operations) Section II B 6 c (1) (b) 60 months after permit coverage (2018) *Updates are to be submitted with the appropriate annual report. Broadband Strategy •Funding •Partnerships •Roundtable Funding •Connect America •Community Connect Grant Program •Virginia Department of Housing and Community Development Telecommunications Planning Partnerships •Interested Telecommunications Providers •Thomas Jefferson Planning District Commission •University of Virginia •Center for Innovative Technology Broadband Roundtable •Broadband Map •Barriers to Progress •Request for Ideas •Schedule additional meetings.