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HomeMy WebLinkAbout2014-6-04Tentative BOARD OF SUPERVISORS T E N T A T I V E JUNE 4, 2014 9:00 A.M., AUDITORIUM COUNTY OFFICE BUILDING 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Adoption of Final Agenda. 5. Brief Announcements by Board Members. 6. Recognitions: a. Charles P. "Chip" Boyles, II, Executive Director, Thomas Jefferson Planning District Commission. b. 2013 (CAFR) Comprehensive Annual Financial Report - Certificate of Achievement. Ryan Davidson, Budget and Management Analyst for the City of Charlottesville. c. Crozet Library – LEED (Leadership in Energy and Environmental Design) Certification. d. Rivanna Garden Club – Claudius Crozet Park biofilter, Phyllis Ripper. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. 8. Consent Agenda (on next sheet). 9:45 a.m. - PUBLIC HEARINGS: 9. An ordinance to amend Chapter 2, Administration, of the Albemarle County Code, to amend Section 2- 202, Compensation of board of supervisors, to increase the compensation of the members of the Board of Supervisors by an inflation factor of 1% effective July 1, 2014 from $15,131.00 per annum to $15,282.00 per annum. 10. An ordinance to amend sections 4-100, Definitions; 4-105, Care of companion animals; penalty, 4-106, Noise from animals; penalty, 4-107 Abandonment of animal; penalty, 4-201, Dogs killing, injuring or chasing livestock or poultry— Generally, 4-202, Compensation for livestock and poultry killed by dogs, 4-209, Amount of license tax, 4-302, Dogs killing, injuring or chasing livestock or poultry-Impoundment and disposition, 4-303, Disposition of unlicensed dogs; running at large, 4-401, Rabid animals, and 4-403, Inoculation for rabies at animal shelters, of Chapter 4, Animals and Fowl, of the Albemarle County Code. The proposed ordinance removes, amends and adds certain definitions and terms, increases the compensation for livestock killed or injured by dogs from $400 to $750, and provides that law enforcement and animal control officers can seize a dog found in the act of killing or injuring livestock or poultry in order to conform the County Code with recent amendments to Virginia Code §§ 3.2-6500, 3.2-6503, 3.2-6504, 3.2-6522, and 3.2-6523. Lt. Sean Reeves, Police Department. 11. An ordinance to amend section 15-1601 of Chapter 15, Taxation, of the Albemarle County Code. The proposed ordinance would clarify the meaning of real property exclusively used for religious worship for purposes of property tax exemptions. The proposed ordinance would conform County Code § 15.1601 with recent amendments to Virginia Code § 58.1-3606. Bob Willingham, Real Estate Assessor. 10:15 a.m. – Recess 10:30 a.m. - Action Item: file:////coba-webapp01/BOSForms/Agenda/2014Files/0604/0.0_Agenda.htm (1 of 4) [10/6/2020 12:28:00 PM] Tentative 12 FY 15 Resolution of Appropriations and Discussion of State Budget. Lori Allshouse, Director of the Office of Management and Budget 11:00 a.m. - Presentations: 13. Albemarle County Service Authority (ACSA) Update, Gary O’Connell. 14. Rivanna Water and Sewer Authority (RWSA) Update, Tom Frederick. 15. Dominion Power Report, Susan King, External Affairs Representative/State & Local Affairs/ Dominion Virginia Power. 16. 11:45 a.m. – 1:30 p.m. - Closed Meeting. 17. Certify Closed Meeting. 18. 1:30 p.m. - Boards and Commissions: Vacancies/Appointments. Action Item: 19. County Fire Rescue - Career firefighters serving as volunteers within the same jurisdiction, Chief Dan Eggleston, Fire Rescue. Discussion Items: 20. Courts Project Follow-up, Trevor Henry, Director of the Office of Facilities Development. 21. Communication with Commonwealth Transportation Board regarding the Route 29 Recommended Concept Solutions Package. Recess – 3:00 p.m. – 4:55 p.m. Work Session: 22. 5:00 p.m. – 7:00 p.m. – CPA-2013-01. Comprehensive Plan Update/Amendment, to begin with public comments and possible Board direction. Elaine Echols, Principal Planner. 23. From the Board: Committee Reports and Matters Not Listed on the Agenda. 24. From the County Executive: Report on Matters Not Listed on the Agenda. 25. Adjourn to June 5, 2014, 5:00 p.m., Closed Meeting, Room 241. CONSENT AGENDA FOR APPROVAL: 8.1 Approval of Minutes: August 28, October 10, and December 12, 2013; and February 5, February 12, March 19, March 27, April 10, April 24 and May 13, 2014. 8.2 FY 2014 Budget Amendment and Appropriations. file:////coba-webapp01/BOSForms/Agenda/2014Files/0604/0.0_Agenda.htm (2 of 4) [10/6/2020 12:28:00 PM] Tentative 8.3 Set public hearing on Proposed Ordinance to establish a Video-Monitoring System for School Buses. 8.4 Change Board of Supervisors’ Regular Night Meeting Time for 2014 Calendar. 8.5 Western Albemarle Rescue Squad Memorandum of Understanding for Participation in Cost Recovery Program. 8.6 Cost Recovery Program – Insurance-Only Billing for County Residents. 8.7 Fire Services Agreement Between the City of Charlottesville and Albemarle County. 8.8 Petty Cash Resolution. 8.9 ZTA-2012-00010. Off-site signs (deferred from May 7, 2014). 8.10 Virginia Retirement System (VRS) Employer Contribution Rate Election Resolutions. FOR INFORMATION: 8.11 Board-to-Board, June 2014, A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors. 8.12 VDOT Culpeper District, Albemarle County Monthly Report, June 2014. 8.13 Grants Update. 8.14 Biannual Update on FY13-17 Strategic Plan. 8.15 2014 First Quarter Certificate of Occupancy Report as prepared by the Community Development Department. 8.16 2014 First Quarter Building Report as prepared by the Community Development Department. 8.17 Copy of letter dated May 21, 2014 from Francis H. MacCall, Principal Planner, to Roger W. Ray, Roger W. Ray and Assoc., Inc., re: LID-2014-0004-OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS – Tax Map 54, Parcel 26 (property of Thomas E. Ruscher Trustee of The Barbara B. Ruscher Family Trust) – White Hall Magisterial District. 8.18 Copy of letter dated May 23, 2014 from Francis H. MacCall, Principal Planner, to Stewart Wright, re: LOD- 2014-0002-OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS – Tax Map 92, Parcel 21 (property of Mary Pauline Johnson and Doris Phyllis Jackson) – Scottsville Magisterial District. 8.19 Copy of letter dated May 23, 2014 from Francis H. MacCall, Principal Planner, to Brian s. Ray, Roger W. Ray and Assoc., Inc., re: LOD-2014-0003-OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS – Tax Map 122, Parcel 12B (property of Gwynne B. Daye Trustee of file:////coba-webapp01/BOSForms/Agenda/2014Files/0604/0.0_Agenda.htm (3 of 4) [10/6/2020 12:28:00 PM] Tentative The Gwynne B. Daye Revocable Trust), Tax Map 122, Parcel 12B1 (property of William or Melissa Dickie), Tax Map 122, Parcel 12B2 (property of Gwynne B. Daye Trustee of the Gwynne B. Daye Revocable Trust) – Scottsville Magisterial District. CLICK HERE TO SIGN UP TO SPEAK AT PUBLIC HEARINGS ONLY Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2014Files/0604/0.0_Agenda.htm (4 of 4) [10/6/2020 12:28:00 PM] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2014 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Approval of Budget Amendment and Appropriations #2014100 and #2014102 for general government programs. STAFF CONTACT(S): Foley, Letteri, Walker, Davis, and Allshouse, L. PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 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 14 budget due to the appropriation itemized below is $151,744.80. 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 two (2) appropriations as follows:  One appropriation (#2014100) to appropriate $637.80 in state revenue to support the Charlottesville Albemarle Society for the Prevention of Cruelty to Animals’ (SPCA) spay and neuter efforts; and  One appropriation (#2014102) to appropriate $151,107.00 in state and federal revenue to the Albemarle County Department of Social Services for direct assistance programs and temporary staffing. RECOMMENDATIONS: Staff recommends approval of appropriations #2014100 and #2014102 for general government programs as described in Attachment A. ATTACHMENTS: Attachment A – Appropriation Descriptions Return to consent agenda Return to regular agenda Appropriation #2014100 $637.80 Source: State Revenue $ 637.80 This request is to appropriate $637.80 in state revenue to support the Charlottesville Albemarle Society for the Prevention of Cruelty to Animals’ (SPCA) spay and neuter efforts. This revenue is provided by the State specifically for this purpose and is in addition to the County’s formula-based contribution to the SPCA. Appropriation #2014102 $151,107.00 Source: State Revenue $ 70,080.00 Federal Revenue $ 81,027.00 This request is to appropriate $151,107.00 to the Albemarle County Department of Social Services for direct assistance programs and temporary staffing that is federally and state funded. These direct assistance programs will exceed their initially appropriated budgets due to a higher than expected number of individuals served in FY14. These additional funds have been requeste d from and approved by the state. These state and federal revenues have a local match of $8,955.00, which will be funded through the Department of Social Services’ currently appropriated budget. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proposed Ordinance to establish a Video-Monitoring System for School Buses SUBJECT/PROPOSAL/REQUEST: Schedule a public hearing to consider the adoption of an ordinance to amend County Code Chapter 9, Motor Vehicles and Traffic, to establish a Video Monitoring System for Albemarle County Public Schools. STAFF CONTACT(S): Foley, Walker, Davis, Blair, Sellers PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 2011, the General Assembly amended Virginia Code § 46.2-844 to allow localities to enact an ordinance that authorizes their school divisions to deploy a “video-monitoring system” to record individuals that illegally pass stopped school buses. The ordinances may impose a $250.00 civil penalty on violators, and may also direct that the civil penalties be payable to the local school division. In the fall of 2013, the School Division tested a “video-monitoring system” that indicated there may be as many as 6,000 instances per school year of vehicles illegally passing school buses that are stopped to load or unload students, posing significant danger to students. On June 13, 2013, the School Board voted to recommend that the Board of Supervisors enact a “video-monitoring system” ordinance. Virginia Code § 46.2-844 provides that the video- monitoring system may be operated by the School Division or by a private vendor. STRATEGIC PLAN: Goal 1b. Improve coordination to support goals shared between the School Division’s Strategic Plan for K-12 Education and the County’s overall Strategic Plan; and Goal 5. Ensure the health and safety of the community. DISCUSSION: Staff has prepared a draft ordinance (Attachment B) to amend County Code Chapter 9, Motor Vehicles and Traffic, to add Article VIII, Video-Monitoring System. The proposed ordinance would:  Authorize the School Division to install and operate video-monitoring systems in or on the Division’s school buses and/or procure the services of a vendor to provide video-monitoring systems services;  Impose a $250.00 civil penalty for the operator of a vehicle who is found to have failed to stop his vehicle for a school bus that is stopped on any road or school driveway for the purpose of loading or unloading children, the elderly, or mentally or physically handicapped persons;  Make the payment of any civil penalties imposed payable to the School Division; and  Bar the criminal prosecution for the violation when a civil penalty is imposed. Several vendors have presented programs to the School Division that demonstrate their capacity to execute a comprehensive “video-monitoring system” program. If the Board of Supervisors adopts an ordinance enacting a video-monitoring system, the School Division intends to publish a Request for Proposals (RFP) for video-monitoring services. Initially, only buses on routes with documented history of violations will be equipped with the systems. It is estimated that would include 25-30% of the school bus fleet. A sworn law enforcement officer will certify each violation. After a violation is certified, a civil summons will be issued by mail to the violator. If the violator does not admit to liability and pay the civil penalty, the violator may be served with a summons to appear in court for trial. Civil penalties collected by the School Division would be used to reimburse the Police Department for its costs associated with the program, and any remaining funds are proposed to be directed to the Building Services Department for the specific purpose of implementing safety and security enhancements to schools, including those enhancements recommended in the Crime Prevention Through Environmental Design evaluations currently being performed at the schools by the Police Department. The goal of the video-monitoring program is to decrease the AGENDA TITLE: Proposed Ordinance to establish a Video-Monitoring System for School Buses June 4, 2014 Page 2 number of violations of drivers wrongfully passing stopped school buses. It is projected that the number of violations will decrease over time as drivers become aware of the financial penalty for such violations, therefore it would be prudent to use the funds for non-recurring expenses. BUDGET IMPACT: Most “video-monitoring system” vendors provide a turn-key solution that is entirely violator-funded, with no cost to the locality for hardware or services. The School Division estimates that the funds received from civil penalties would be sufficient to reimburse any associated costs incurred by the Police Department. RECOMMENDATIONS: Staff recommends that the Board set the attached proposed Ordinance (Attachment B) for public hearing on July 2, 2014. ATTACHMENTS: A - Virginia Code § 46.2-844 B - Draft ordinance Return to consent agenda Return to regular agenda Attachment A § 46.2-844. Passing stopped school buses; penalty; prima facie evidence. A. The driver of a motor vehicle approaching from any direction a clearly marked school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, who, in violation of § 46.2-859, fails to stop and remain stopped until all such persons are clear of the highway, private road or school driveway, is subject to a civil penalty of $250 and any prosecution shall be instituted and conducted in the same manner as prosecutions for traffic infractions. A prosecution or proceeding under § 46.2-859 is a bar to a prosecution or proceeding under this section for the same act and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-859 for the same act. In any prosecution for which a summons charging a violation of this section was issued within ten days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) of this title shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus. B. A locality may, by ordinance, authorize the school division of the locality to install and operate a video-monitoring system in or on the school buses operated by the division or to contract with a private vendor to do so on behalf of the school division for the purpose of recording violations of subsection A. Such ordinance may direct that any civil penalty levied for a violation of subsection A shall be payable to the local school division. For purposes of this subsection, "video-monitoring system" means a system with one or more camera sensors and computers installed and operated on a school bus that produces live digital and recorded video of motor vehicles being operated in violation of § 46.2-859. All such systems installed shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in § 46.2-1090 and the time, date, and location of the vehicle when the image is recorded. (1985, c. 511, § 46.1-212.1; 1987, c. 106; 1989, c. 727; 1997, cc. 622, 800, 908; 2001, c. 126; 2002, c. 541; 2011, cc. 787, 838.) Draft: May 28, 2014 1 ORDINANCE NO. 14-9(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By Adding: Article VIII. Video-Monitoring System Sec. 9-800 Definitions Sec. 9-801 Authorization Sec. 9-802 Passing stopped school buses violations; civil penalty CHAPTER 9. MOTOR VEHICLES AND TRAFFIC ARTICLE VIII. VIDEO-MONITORING SYSTEM Sec. 9-800 Definitions. For the purposes of this article and, unless otherwise required by the context, “video-monitoring system” shall mean a system with one or more camera sensors and computers installed and operated on a school bus that produces live and recorded video of motor vehicles being operated in violation of Virginia Code § 46.2-859. Such system shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in Virginia Code § 46.2- 1090 and the time, date, and location of the vehicle when the image is recorded. Sec. 9-801 Authorization. A. Authorization. Pursuant to Virginia Code § 46.2-844, the county authorizes the school division to install and operate video-monitoring systems in or on the division’s school buses. B. Private entities. Pursuant to the Virginia Public Procurement Act, the school division may enter into an agreement with a private entity to provide the video-monitoring systems and all related support services, to include consulting, operations, and administration for the purpose of recording violations of Virginia Code § 46.2-844 (A). A private entity may not obtain records on behalf of the county regarding the registered owners of vehicles captured by a video-monitoring system. Only a law enforcement officer employed by the county may issue a civil summons or ticket pursuant to this article. C. Restricted collection of information. Personal information collected by a video- monitoring system installed and operated pursuant to this article shall be limited exclusively to that information that is necessary for the enforcement of violations of Virginia Code §§ 46.2-844 (A) or 46.2- 859. Sec. 9-802 Passing stopped school buses violations; civil penalty. A. Elements of violation. The operator of a vehicle will be deemed to be in violation of this section if such vehicle is found, as evidenced from a video-monitoring system, to have failed to stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road, or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and the vehicle fails to remain stopped until all such persons are clear of the highway, private road, or school driveway and the bus is put in motion. Draft: May 28, 2014 2 B. Evidence of violation. In any prosecution for which a civil summons is issued within ten (10) days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the Code of Virginia, shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the time during which, the violation occurred. The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in Virginia Code § 46.2-1090 is prima facie evidence that the vehicle is a school bus. C. Civil summons. A civil summons shall contain, at a minimum, the following information: (i) the name and address of the person charged; (ii) the nature of the violation and the section of this chapter allegedly violated; (iii) the location and date that the violation occurred or was observed; (iv) the amount of the civil penalty for the violation; (v) the manner, location, and time in which the civil penalty may be paid to the county; and (vi) the right of the recipient of the summons or ticket to elect to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of a court. If the person issued a summons does not admit to liability and pay the civil penalty, the person may be served with a summons pursuant to Virginia Code § 19.2-74 to appear in court for trial. D. Civil Penalties. The operator of a vehicle deemed to be in violation of this section shall be subject to the following: 1. Amount of civil penalty. Any violation of this section shall be subject to a civil penalty of two hundred and fifty dollars ($250.00), payable to Albemarle County Public Schools. 2. Civil penalties are in lieu of criminal penalties. A civil penalty imposed pursuant to this section is a bar to a prosecution or proceeding under Virginia Code § 46.2-859 for the same act. 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ COUNTY OF ALBEMARLE MEMORANDUM TO: Members of the Board of Supervisors FROM: Ella W. Jordan, CMC, Clerk DATE: May 28, 2014 RE: Time Change for Regular Night Meetings for 2014 Calendar As you know, the Board set its regular meeting dates and times for 2014 at its organizational meeting held on January 8th (day meetings were to begin at 9 a.m.; night meetings were to begin at 6 p.m.). In an effort to allow the County’s citizenry ample opportunity to participate in work sessions on any proposed updates to the Comprehensive Plan, the Board recommended that these work sessions be held from 5:00 p.m. to 7:00 p.m., prior to the regular night meetings. Virginia State Code Section 15.2-1416 requires that the days, times and places of regular meetings be established and advertised in the local newspaper. Therefore, with this change, we are required to provide public notification regarding a change to the start times of the Board’s regular night meetings from 6:00 p.m. to 7:00 p.m. This notice will indicate that the new schedule is in effect until such time the updates to the Comprehensive Plan are complete. Should you have any questions regarding this notice, please do not hesitate to contact me. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Western Albemarle Rescue Squad Memorandum of Understanding for Participation in Cost Recovery Program SUBJECT/PROPOSAL/REQUEST: Western Albemarle Rescue Squad Memorandum of Understanding for participation in cost recovery program STAFF CONTACT(S): Foley, Walker, Davis, Eggleston PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On September 9, 2009, the Board adopted an ordinance authorizing the County to charge fees for emergency medical service (EMS) vehicle transports provided by the Department of Fire and Rescue and any volunteer rescue squad that applied for and was issued a permit to charge fees. This program is commonly known as the EMS cost recovery program. The Board directed staff to establish a billing system to be operable by February 1, 2010. The County procured the services of Diversified Ambulance Billing (now known as Fidelis Billing) to act as the billing agent for the County. The Scottsville Volunteer Rescue Squad (“SVRS”) applied for and was issued a permit to charge fees. The Board adopted a Resolution to establish fees for EMS transports on December 2, 2009. Staff and members of SVRS worked together to develop and implement an extensive public information plan to inform the public about the EMS Cost Recovery program. On February 1, 2010, the County began billing for EMS transports by ambulances stationed at the Monticello and Hollymead Fire Rescue Stations and the Scottsville Volunteer Rescue Squad Station. As the County’s fire and emergency medical system expanded, the County began billing for EMS transports by County ambulances stationed at the Seminole Trail, Ivy, Earlysville, and Martha Jefferson Hospital locations. During the FY13 budget process, the Board directed staff to re-engage with the Charlottesville-Albemarle Rescue Squad (CARS) and the Western Albemarle Rescue Squad (WARS) to expand the County’s EMS cost recovery program. Staff and members of the squads began meeting in March 2012 and focused on issues that would facilitate participation by CARS and WARS. In late 2012, CARS decided to withdraw from the discussion; however, staff and representatives from WARS continued to meet and have now reached agreement on how WARS can partner with the County in billing for ambulance transports. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community DISCUSSION: As discussions continued between staff and the WARS leadership, it was determined that a more formal memorandum of understanding (MOU) (Attachment A) between the County and WARS would be appropriate to capture the negotiated terms and conditions, particularly conditions related to funding the squad’s operation. WARS is unique in that they are the only volunteer EMS transport agency that will be participating in the County’s EMS cost recovery program that does not require supplemental career staffing. In addition, WARS actively funds their operations by supplementing the annual County contribution with donated funds. Therefore, WARS relative expenses are low compared to other County EMS transport agencies. Given the circumstances, the majority of the negotiations centered on the process to fully fund WARS operational expenses. The MOU has been approved as to content and form by the County Attorney’s Office and has been approved and signed by WARS. The significant provisions of the MOU include:  WARS will participate in billing for transport services as part of the County’s EMS cost recovery program and agrees to apply for a permit from the County to participate in billing for transport services (Paragraphs 1-5); AGENDA TITLE: Western Albemarle Rescue Squad Memorandum of Understanding for Participation in Cost Recovery Program June 4, 2014 Page 2  The County commits to fund 100% of WARS’s reasonable annual operating budget requests and WARS commits to continue their traditional fund-raising efforts for major repairs, renovations or replacement of existing buildings (Paragraphs 5-8);  Either WARS or the County may terminate this MOU with sixty (60) days written notice under certain circumstances ( Paragraph 9); and  The County agrees to continue its current “compassionate” billing policy and agrees to implement “insurance only billing” (Paragraph 10). BUDGET IMPACT: The County’s FY15 budget includes funding in the amount of $235,300 for WARS operating budget, as well as an additional $23,530 (10%) for WARS operating expenses that is held in a separate contingency line item in the Volunteer Fire Rescue budget. In addition, $20,000 in the Fire Rescue budget is earmarked for two additional EMT classes for WARS and $20,000 in the CIP for a structural modification to an existing apparatus bay. It is anticipated that billing by WARS will be fully operational by September 1, 2014 and, with a two to three month delay in the County’s receipts once billing is implemented, the billing is expected to generate approximately $168,000 of revenue in FY 15 before payment of administrative fees (approximately $159,000 net). A full year of revenue from billing is expected to generate approximately $288,000 of revenue before payment of administrative fees (approximately $273,000 net). RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute the attached Memorandum of Understanding between Western Albemarle Rescue Squad and the County (Attachment A). ATTACHMENTS: A - MOU Western Albemarle Rescue Squad, Inc. Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Cost Recovery Program – Insurance-Only Billing for County Residents SUBJECT/PROPOSAL/REQUEST: Resolution to implement Cost Recovery Program insurance-only billing for County residents STAFF CONTACT(S): Foley, Walker, Davis, and Eggleston PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 2009, the Board adopted an ordinance that authorized the Department of Fire and Rescue and any volunteer rescue squad that obtains a permit from the County to charge fees for emergency medical services (EMS) vehicle transpor ts. At the direction of the Board, staff began billing in February 2010. EMS revenue recovery program fees are primarily paid by Medicaid, Medicare and private insurance companies (“insurance companies.”) The fees allow localities to recover system costs from those individuals who benefit directly from EMS delivery, including non-County residents. The program is structured to assure that all emergency medical services are provided regardless of the patient’s ability to pay and includes compassionate billing policies for those with financial hardship. On September 5, 2012, the Board directed the County Attorney to request an Advisory Opinion from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services regarding a proposal whereby the County would not bill County residents for co-pays, deductibles, and any balances due not paid by insurance companies. Under this proposal, only insurance companies would be billed for County residents’ EMS vehicle transports and the County would use tax revenues to fund the unpaid cost-sharing amounts. The OIG Advisory Opinion concluded that the proposed arrangement would not be in conflict with applicable Federal law. STRATEGIC PLAN: Goal 5 - Ensure the health and safety of the community. DISCUSSION: As of March 2014, the following counties have implemented insurance-only billing programs for their residents: Augusta, Nelson, Prince William, Louisa, Roanoke, Orange, Stafford, and Spotsylvania. In cases where a patient does not have insurance and the patient is a county resident, Louisa and Nelson counties do not bill the patient. In Augusta, Prince William, Roanoke, Orange, Stafford, and Spotsylvania, if a patient does not have insurance, the patient is billed and if no payment is received or a hardship claim is submitted, com passionate billing processes are followed. Staff is recommending that the County follow the same process as Louisa and Nelson. If a County resident is transported and they have insurance, the patient’s insurance company will be billed and the patient will not be billed for any co-pay or deductible. If the County resident does not have insurance, the patient will not be billed for the transport. Before the proposed billing changes can be fully implemented, staff will need to revise the current public information material, modify processes with the billing company, and train volunteers and staff on the new processes. Staff believes these tasks can be completed by August 1, 2014. Staff is in the process of identifying the most efficient method of determining residency with the goal of placing the least burden on the patient. A variety of methods will likely be employed depending on the circumstances, including having the EMS provider collect the data from the patient at the time of transport, determining residency by cross- checking with Albemarle County’s 911 addressing database, and where needed, sending an information request statement to the patient (Attachment B). AGENDA TITLE: Cost Recovery Program – Insurance-Only Billing for County Residents June 4, 2014 Page 2 BUDGET IMPACT: It is estimated that an insurance-only billing program for County residents will reduce the County’s annual revenue from EMS billing by approximately 10%. FY15 Estimate $1,784,616 - FY15 estimated revenue from Cost Recovery Program (The estimate includes $168,000 of revenue collected when Western Albemarle Rescue (WARS) begins billing on September 1, 2014.) ($164,990) - FY15 estimated reduction in revenue resulting from an insurance-only billing program for County residents effective August 1, 2014. $1,619,626 – FY15 revised estimate after implementation of insurance-only billing program based on a partial year FY16 Estimate $1,906,116 - FY16 estimated revenue from Cost Recovery Program (The estimate includes a full year of WARS EMS revenue of $289,500.) ($190,612) - FY16 estimated reduction in revenue resulting from an insurance-only billing program for County residents. $1,715,504 – FY16 revised estimate after implementation of insurance-only billing program based on a full year RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution to direct the County Executive to implement procedures in the County’s Cost Recovery Program to provide for insurance-only billing for County residents effective August 1, 2014 (Attachment A). ATTACHMENTS: A – Resolution B – Resident Program Letter/Statement Return to consent agenda Return to regular agenda RESOLUTION TO IMPLEMENT INSURANCE ONLY BILLING OF COUNTY RESIDENTS FOR THE EMERGENCY MEDICAL SERVICES COST RECOVERY PROGRAM WHEREAS, on September 9, 2009, the Board enacted Chapter 6, Article V of the Albemarle County Code, which authorizes the Albemarle County Department of Fire and Rescue and any volunteer rescue squad that obtains a permit from the County to charge fees for emergency medical services (EMS) vehicle transports; and WHEREAS, Chapter 6, Article V of the Albemarle County Code authorized the County Executive to establish policies and procedures to implement the provisions of Chapter 6, Article V of the Albemarle County Code in accordance with applicable law, including payment standards for persons demonstrating economic hardship, which the County Executive has done; and WHEREAS, the Board instructed County staff to take the necessary steps to implement an EMS Cost Recovery policy change that would provide that County residents would not be billed for fees not covered by insurance incurred for the provision of EMS vehicle transport services by the County or by volunteer rescue squads that obtain a permit from the County to charge fees for EMS vehicle transports; and WHEREAS, the Office of Inspector General has issued Advisory Opinion No. 13-14 to the County of Albemarle approving an insurance only billing structure for EMS vehicle transport services provided to Albemarle County residents by the Albemarle County Department of Fire and Rescue and permitted volunteer rescue squads allowing the local taxes paid to count as the deductibles and co-pays for such County residents. NOW, THEREFORE, BE IT RESOLVED THAT the Albemarle County Board of Supervisors hereby directs that the EMS Cost Recovery Program provide for “insurance only” billing for EMS vehicle transports rendered by the Albemarle County Department of Fire and Rescue or by any permitted volunteer rescue squad to bona fide residents of the County. In accordance with Albemarle County Code Section 6-503(b), the County Executive shall implement the procedures necessary to effect this change to the County EMS Cost Recovery Program effective August 1, 2014. All other provisions of the County’s EMS Cost Recovery Program, including the billing of non-County residents for all fees incurred for EMS vehicle transports rendered by the Albemarle County Department of Fire and Rescue or permitted volunteer rescue squads, shall remain in effect. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ [Return address] Patient name: Call #: Date of Service: Account Balance: $ THIS IS NOT A BILL Statement and Request for Information To: Xxxxxxxx Xxxxxxxxx Xxxxxxxxxxxx Under Albemarle County policy, county residents are not responsible for any co-pays and deductibles not covered by insurance, or for any balance due if the patient is uninsured. If you have insurance, your submission of any insurance information is very important in completing this process. Additionally, all those who are not residents of Albemarle County may request an exemption of all fees, after insurance payment, by requesting a financial hardship waiver by calling 1-800-355-1753. I hereby attest and affirm the following responses to be true and accurate to the best of my knowledge: Please check appropriate response: 1. The transported patient or the responsible party is a resident of Albemarle County Y  N  2. The transported patient or the responsible party has health insurance coverage Y  N  Please provide your insurance information: YOUR PRIMARY INSURANCE COMPANY’S NAME EFFECTIVE DATE PRIMARY INSURANCE COMPANY’S ADDRESS TELEPHONE CITY, STATE, ZIP POLICY HOLDER’S ID NUMBER GROUP PLAN NUMBER SECONDARY INSURANCE COMPANY’S NAME EFFECTIVE DATE SECONDARY INSURANCE COM PANY’S ADDRESS TELEPHONE CITY, STATE, ZIP POLICY HOLDER’S ID NUMBER GROUP PLAN NUMBER ______________________________________________ ________________________________ Signature of: Date  Transported Patient  Responsible Party It is the resident's responsibility to provide insurance information. Money collected from your insurance helps purchase materials and maintain equipment so that the County may provide services to the community. Albemarle County Fire Rescue is not in a direct affiliation with the hospital and the information provided to the hospital is not always forwarded back to the County for insurance billing purposes. I request that payment of authorized Medicare, Medicaid and/or commercial insurance benefits be made either to me by above ambulance services now, in the past, or in the future, until such time as I revoke this authorization in writing. I agree to immediately remit to Albemarle County any payments that I receive directly from insurance or any sources whatsoever for the services provided to me and I assign all rights to such payments to Albemarle County. I authorize Albemarle County to appeal payment denia ls or other adverse decision on my behalf without further authorization. I authorize and direct any holder of medical information or other relevant documentation about me to release such information to Albemarle county and its billing agents, the Centers for Medicare and Medicaid Services, and/or any other payers or insurers, and their respective agents or contractors, as may be necessary to determine these or other benefits payable for any services provided to me by above ambulance services, now, in the past, or in the future. A copy of this form is as valid as an original. Signature Date If you have any questions please call 800-355-1753. Please mail completed form to: Albemarle County P.O. Box 62369 Virginia Beach, VA 23466 Questions about this statement? Please contact our billing office at 1-800-355-1753. You may also go online to www.myemsbill.com to request a representative to contact you or to click on the button: “I would like to submit my insurance information” COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Fire Services Agreement Between the City of Charlottesville and Albemarle County SUBJECT/PROPOSAL/REQUEST: Approval of the 2014 Fire Services Agreement STAFF CONTACT(S): Foley, Walker, Davis, and Eggleston PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In May of 2000, the County entered into an agreement with the City of Charlottesville for the provision of fire and emergency services for defined response areas of the County. The fire services agreement was not intended to be a long- term solution for the County, but rather to provide coverage while the County developed its fire rescue system to more effectively address current and future service needs. The agreement was for an initial term of 10 years beginning on July 1, 2000 and expiring on June 30, 2010. In 2008, the agreement was amended to extend the term of the agreement for up to three additional one-year terms expiring on June 30, 2013. In 2010 the agreement was again amended to allow for an additiona five-year extension to end June 30, 2018 unless otherwise terminated by June 30, 2013. The need to provide fire rescue services to the County urban areas around the City, including the Ivy area, was originally identified in a 1994 report to the Board (commonly referred to as the “Deatley Report”). Over the years, priority was given to establish the Monticello and Hollymead stations with the Ivy and Pantops stations being delayed, mainly due to economic conditions. Beginning in November 2010, as part of the fire year financial planning process, the Board became aware that the City’s response times to the Ivy area would significantly increase once the City relocated its fire station from Ivy Road in the County to Fontaine Avenue in the City. Because of the planned relocation of the City’s fire station and the critical need to provide protection to Ivy and the surrounding development areas, the Board directed staff to prepare to end the fire service agreement and redirect the related funding to construct and staff the Ivy Fire Rescue station. On December 8, 2011, notice was given to the City to terminate the fire services agreement effective at midnight on June 29, 2013. County and City staff began meeting to negotiate the terms of a new fire service agreement when it was determined that a mutual aid agreement with the City was not possible. While the County and City negotiated the new agreement, the City agreed to continue to provide fire support services in the areas in the County where such services were still needed. The final payment to the City under the prior agreement was $991,710.69 for approximately 1,800 City-to-County calls run from July 1, 2012 to June 30, 2013. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community DISCUSSION: The intent of the 2014 Fire Services A greement (Attachment A) is to continue the cooperative, unified approach for fire and emergency services for the Charlottesville-Albemarle community in an effective and fiscally responsible manner. A summary of the terms and conditions is as follows:  Automatic Aid (AA) – the City Fire Department will be dispatched automatically as a first due company to certain designated areas in the County.  Automatic Mutual Aid (AMA) – the City or County Fire Department is automatically dispatched across jurisdictional boundaries to defined areas outside of a first due geographical area. In terms of a County response, a City company will automatically be dispatched to certain designated areas to support County companies.  Mutual Aid (MA) – City or County Fire companies are dispatched across jurisdictional boundaries on request from one jurisdiction to another. AGENDA TITLE: Fire Services Agreement Between the City of Charlottesville and Albemarle County June 4, 2014 Page 2 In order to ensure that adequate resources remain available for emergency response in each jurisdiction, the City and the County will limit responses to no more than two fire companies at any given time, unless a greater response is authorized by the on-duty chief officer in the responding jurisdiction. The 2014 Fire Services Agreement will be in effect for a term of five years, beginning on July 1, 2013 and expiring on June 30, 2018. By a mutual written agreement executed at least one year prior to the termination date, the City and County may extend the Agreement for one additional five year term , through June 30, 2023. Either party may terminate the Agreement at any time upon written notice at least one year prior to the effective date of termination. The Total Annual Payment for fire services is based on a combination of factors, including a portion of the City’s debt service for apparatus replacement ($8,445); a portion of capital costs for fire stations ($10,000); hazardous materials costs ($10,000); and a calculated cost per call ($595). The cost per call is adjusted annually by the published change in the Consumer Price Index (CPI). If a City Fire Department unit is committed on a call in the assigned AA response area of the County and a s econd City unit is dispatched to the County as an AA response, the cost for the second unit will be billed at twice the contractual cost per call rate ($1,190 in the first year of this Agreement). The parties anticipate a second unit AA response approximately 25 times per year. It is estimated that the total annual net number of AA and AMA responses by the City Fire Department into the County will be 241 (216 first unit responses and 25 second unit responses). In order to allow for flexibility and to provide serv- ices in a manner that is most beneficial, the Agreement provides that the annual cost per call will be a fixed amount based on the estimated 241 total calls. This applies as long as the net number of AA and AMA responses by the City into the County is not less than 100, and no more than 400. The total net number of AA and AMA responses by the City into the County will be determined on an annual basis by subtracting the total number of AA and AMA responses by the County into the City from the total number of AA and AMA City responses into the County. Assuming that the number of City AA and AMA responses will be between 100 and 400 (including up to 25 second unit responses), the annual cost for the first year of the agreement is anticipated to be $186,715. If the total net number of City AA and AMA responses in any contract year exceeds 400, the County will pay the applicable Cost per City Fire Department Call fee then in effect for each call above 400. If the total net number of City AA and AMA responses in any contract year is less than 100, the County will be given a credit against the Total Annual Payment in the amount of the applicable Cost per City Fire Department Call fee then in effect for each call less than 100. Within 60 days after June 30, 2014, and after each June 30 thereafter, the City will invoice the County for the Total Annual Payment and will include all calculations to support the invoice. The City Council approved the Agreement at its meeting on May 19, 2014. The County Attorney’s Office has approved the Agreement as to content and form. BUDGET IMPACT: The FY 15 budgeted amount for the first year of the 2014 Fire Services Agreement is $186,715. This pays for the service provided from July 1, 2013 to June 30, 2014. RECOMMENDATIONS: Staff recommends that the Board authorize the County Executive to execute the attached 2014 Fire Services Agreement (Attachment A). ATTACHMENTS: Attachment A – City/County Fire Services Agreement Return to consent agenda Return to regular agenda 2014 FIRE SERVICES AGREEMENT BETWEEN THE CITY OF CHARLOTTESVILLE AND ALBEMARLE COUNTY THIS AGREEMENT is made and entered into this ____ day of _____, 2014, and executed in duplicate originals by the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia. WHEREAS, the City and the County entered into the Fire Services Agreement Between the City of Charlottesville and Albemarle County, dated May 3, 2000, governing the provision of fire services for both localities; and, WHEREAS, Section 10 of the 2000 Agreement provides that the parties may amend or supplement the Agreement at any time by mutual written agreement; and, WHEREAS, by amendments dated August 6, 2008 and May 17, 2010 the parties agreed to extend the term of the 2000 Agreement; and, WHEREAS, the 2000 Agreement was terminated by the County effective June 29, 2013; and, WHEREAS, the parties have now renegotiated the terms and conditions under which fire services will be provided across jurisdictional boundaries and the compensation for those services, which forms the basis for this new Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Section 1. Definitions. For purposes of this Agreement, words and phrases set forth below shall be interpreted as they are defined in this section. Automatic Aid (“AA”) is fire department assistance that is automatically dispatched to respond across jurisdictional boundaries to a defined First Due geographic area. Automatic Mutual Aid (“AMA”) is fire department assistance that is automatically dispatched to respond across jurisdictional boundaries to defined areas outside of a First Due geographical area. CAD is Computer Aided Dispatch. Call(s) or Response(s) occur when a fire company is instructed to respond (is dispatched) to deliver services, and is not cancelled within one (1) minute thirty (30) seconds of the dispatch. 2 Call Type refers to predefined incident types, such as structure fires, vehicle accidents, etc., that are used by CAD to dispatch appropriate units. Chief Officer means a member of either the City or County Fire Department with the rank of Chief, Deputy Chief, or Battalion Chief, or another Fire Department employee or volunteer specifically designated to act in one of those positions. City means the City of Charlottesville. Consumer Price Index or "CPI" refers to the U.S. Bureau of Labor Statistics Consumer Price Index (All Urban Consumers, U.S. City Average, All Items, Base Period: November 1996 = 100). For purposes of this Agreement, the reference month for calculating the annual change in the CPI shall be June. For example, at the beginning of the second contract year of this Agreement the parties will use the percentage change in the published CPI for the period between June, 2013 and June, 2014 when determining the annual adjustment required by Section 5.1 of this Agreement. County means the County of Albemarle. First Due Area is a geographic area primarily served by a station that is close in proximity. For purposes of responses contemplated by this Agreement, First Due Areas are designated areas in the County where the City will provide Automatic Aid responses. Mutual Aid is fire department assistance dispatched across jurisdictional boundaries on request from one jurisdiction to another. The Chief Officer in the responding jurisdiction may modify the requested response based on available resources. Next Due refers to the next available unit in a pick order. Pick Order is a predefined list of stations in CAD which are in order of proximity to defined geographic areas called ESN’s. Each ESN has an individual pick order. CAD uses ESN’s and the pick order to determine the appropriate closest unit to respond to a call. Station Transfer is a transfer of assistance by a fire department across jurisdictional boundaries to cover a vacated station while the receiving fire department’s resources are committed to an incident. Section 2. Goals. 2.1. A Unified Approach. The vision and intent of the parties, as evidenced by execution of this Fire Services A greement, is to continue the cooperative, unified approach for fire and emergency services for the Charlottesville-Albemarle community in an effective and fiscally responsible manner, as initially evidenced by the 2000 Fire Services Agreement. 3 2.2. Continuing Services. Among other things, this means that t h e C ity Fire Departm ent will be dispatched under “automatic aid”, as defined herein, to certain designated areas in the County; that either the City or the County Fire Department will be dispatched under “automatic mutual aid”, as defined herein, to certain other designated areas in the community; and that either the City or the County Fire Department will, on request, be dispatched under “mutual aid”, as defined herein, to any area outside of a First Due area, after approval by the responding department. Section 3. Term. 3.1. Unless terminated as provided herein, this Fire Services Agreement shall be in effect for a term of five (5) years, beginning July 1, 2013 (the “Commencement Date”) and expiring June 30, 2018 (the “Termination Date”). By mutual written agreement executed at least one (1) year prior to the Termination Date, the parties may extend the Agreement for one (1) additional five (5) year term, through June 30, 2023, at which time the Agreement shall terminate. 3.2 Either party may, in its sole discretion, terminate this Agreement at any time upon written notice delivered to the other party at least one (1) year prior to the effective date of termination. Section 4 . Provision of Interjurisdictional Fire Services. 4.1. Automatic Aid (AA) Responses. (A) The City Fire Department will be dispatched automatically and will respond under Automatic Aid to the geographic areas in the County that are shown in the color blue on the map entitled City/County Contract and dated January 6, 2014. A copy of such Map will be on file in the offices of the Fire Chiefs of the City and County, and a reduced illustration is attached to this Agreement as Exhibit A, and is incorporated herein by reference. The areas so designated shall be First Due Areas for the City Fire Department. The City and County fire chiefs shall, by consensus, resolve any ambiguities as to what specific properties are included within the First Due Areas depicted on the Map. (B) The response of the City Fire Department’s HazMat Team to an automatic dispatch to any area in the County will be counted as an Automatic Aid Response, until such time as the City and the County enter into a cost sharing agreement that supports a regional HazMat Team. A response by the City’s HazMat Team to a request by an on-scene incident commander in the County will be considered a Mutual Aid Response, as defined in this Agreement. (C) Although at the time of the execution of this Agreement it is not anticipated that the County will have any Automatic Aid Response obligations in any First Due Area within the City, during the term of this Agreement or any extension thereof the parties may mutually agree to amend the attached Map to designate a specific area in the City as a First Due Area for Automatic Aid Response by the County. 4 4.2. Automatic Mutual Aid (AMA) Responses. (A) An Automatic Mutual Aid Response occurs when either the City or the County Fire Department is dispatched automatically to defined areas within the other jurisdiction that are outside of any designated First Due Area. An example of where an Automatic Mutual Aid Response will occur is where Fire Department units in the jurisdiction where an incident occurs are already committed, prompting a next due response form the other jurisdiction. (B) The geographic areas that are subject to Automatic Mutual Aid Responses are (i) the entire City of Charlottesville; and (ii) those areas of Albemarle County that are shown in the color green on the above-referenced Map attached as Exhibit A. The protocols for Automatic Mutual Aid shall be such protocols mutually agreed to by the City and County fire chiefs. (C) For the purposes of this Agreement, station transfers will be considered Automatic Mutual Aid Responses. 4.3. Mutual Aid (MA) Responses. (A) A Mutual Aid Response is a response by either the City or the County Fire Department across jurisdictional boundaries at the request of a Chief Officer in the requesting jurisdiction. The Chief Officer in the responding jurisdiction may modify the requested response based on available resources. (B) Neither party to this Agreement will be billed for Mutual Aid Responses into their respective jurisdiction. 4.4. Maximum Allowable Resources. In order to ensure that adequate Fire Department resources remain available for emergency response in each jurisdiction, the City and the County will limit Automatic Aid, Automatic Mutual Aid, and Mutual Aid Responses to no more than two (2) fire companies at any given time, unless a greater response is authorized by the on-duty Chief Officer in the responding jurisdiction. 4.5. Cancellation of Response. If either a City or County Fire Department unit is dispatched pursuant to this Agreement and subsequently disregarded within one (1) minute, thirty (30) seconds of the dispatch, the response will not be included as a call under the terms of this Agreement. 5 Section 5 . Payment for Services. 5.1. Total Annual Payment. The Total Annual Payment for fire services provided pursuant to this Agreement is based on a combination of factors, including a portion of the City’s debt service for apparatus replacement; a portion of capital costs for fire stations; HazMat costs; and a calculated cost per call. The amounts associated with each of those components are as follows: (i) Debt service for apparatus replacement: $8,445 (ii) Fire station capital costs: $10,000 (iii) HazMat costs: $10,000 (iv) Cost per City Fire Department call: $595 The calculation supporting the City Fire Department’s cost per call of $595 is attached hereto as Exhibit B. During the term of this Agreement and any extension thereof the cost per call will be adjusted annually by the published change in the Consumer Price Index, as defined herein. If a City Fire Department unit is committed on a call in the assigned Automatic Aid Response area of the County and a second City unit is dispatched to the County as an Automatic Aid Response, the cost for the second unit will be billed at twice the contractual cost per call rate ($1,190 in the first year of this Agreement). The parties anticipate a second unit Automatic Aid Response approximately 25 times a year. 5.2. Calculation of the Annual Cost per Call Fee. (A) The County has estimated that the total annual number of AA and AMA responses by the City Fire Department into the County will be 216, with an additional 25 second unit responses. In recognition that this number will fluctuate and to allow for flexibility for both jurisdictions to utilize Automatic Mutual Aid in a manner most beneficial to service delivery, both parties agree that the annual Cost per Call Fee will be a fixed amount based on 216 responses and an additional 25 second unit responses, to be applied when the total net number of AA and AMA responses by the City into the County is at least 100, and no more than 400. (B) The total net number of AA and AMA responses by the City into the County will be determined on an annual basis by subtracting the total number of AA (if any) and AMA responses by the County into the City from the total number of AA and AMA City responses into the County. (C) Assuming that the number of City AA and AMA responses will be between 100 and 400 (including up to 25 second unit responses), the annual Cost per Call Fee for the first year of this Agreement (July 1, 2013 to June 30, 2014) is anticipated to be: 6 216 (# of City AA and AMA responses) x $595 (cost per City Fire Department call) + 25 (number of second unit responses) x $1,190 (cost per City Fire Department call x 2) = $158,270. (D) If the total net number of City AA and AMA responses in any contract year exceeds 400, the County will pay the applicable Cost per City Fire Department Call fee then in effect for each call above 400. If the total net number of City AA and AMA responses in any contract year is less than 100, the County will be given a credit against the Total Annual Payment in the amount of the applicable Cost per City Fire Department Call fee then in effect for each call less than 100. 5.3. Calculation of the Total Annual Payment. The Total Annual Payment required by this Agreement shall be the sum of the annual Cost per Call Fee, calculated and adjusted as provided herein, and the fees for apparatus debt service, fire station capital costs, and HazMat costs. For purposes of illustration only the following are examples of how the Total Annual Payment will be calculated: Example 1: (a) City makes 100 AA and 275 AMA responses into the County. (b) County makes 0 AA and 100 AMA responses into the City. (c) The total net City calls into the County = 275, which is within the 100 – 400 range. (d) County payment = $158,270 (annual cost per call fee) + $8,445 (debt service) + $10,000 (capital costs) + $10,000 (HazMat) = $186,715. Example 2: (a) City makes 150 AA and 350 AMA responses into the County. (b) County makes 0 AA and 75 AMA responses into the City. (c) The total net City calls into the County = 425, which is above the 100 – 400 range. (d) County payment = $158,270 (annual cost per call fee) + $14,875 (surcharge for additional 25 calls above 400) + $8,445 (debt service) + $10,000 (capital costs) + $10,000 (HazMat) = $201,590. Example 3: (a) City makes 50 AA and 100 AMA responses into the County. (b) County makes 0 AA and 75 AMA responses into the City. (c) The total net City calls into the County = 75, which is below the 100 – 400 range. (d) County payment = $158,270 (annual cost per call fee) - $14,875 (credit for 25 calls below 100) + $8,445 (debt service) + $10,000 (capital costs) + $10,000 (HazMat) = $171,840. 7 Section 6 . Annual Billing for Fire Services. 6.1. Annual Invoice; Disputes. Within sixty (60) days after June 30, 2014, and after each June 30 thereafter while this Agreement is in effect, the City will present to the County a written invoice for the Total Annual Payment, which invoice will include the calculations contemplated by this Agreement that support the amount invoiced. Upon receipt of the invoice the County will within sixty (60) calendar days either pay the invoice in its entirety, or provide written notice of the portions of the invoice that it disputes is due and owing under the terms of this Agreement. In the event of a dispute representatives of the City and County Fire Departments will meet to attempt to amicably resolve the amounts in dispute. Any disagreement over the amount due shall not relieve the County from paying in a timely manner that portion of the invoice that is not in dispute. 6.2. Default. Should the County fail to pay any portion of the annual payment due the City hereunder in any year during the term of this Agreement, the City shall give 20 calendar days written notice to the County that the County is in breach of this Agreement. If the City or County fails to perform any other material obligation of this Agreement, the other party shall give 60 calendar days written notice that such party is in breach of this Agreement and request that the breach be cured. If the City or County fails to cure the breach during the 20 or 60 day period, as applicable, it may be declared to be in default and, upon 30 days written notice to the breaching party, the party giving notice may cease providing services or payment and/or compel performance by an appropriate action in law or equity. Section 7. Additional Terms and Conditions. 7.1. A Legal and Moral Obligation. This Agreement is a service contract for which payment is due for services after services have been rendered. The annual payments due hereunder for the initial five (5) year term of this Agreement or any extended term, unless otherwise terminated as provided herein, are deemed to be both a legal and moral obligation of the County to the City. 7.2. Amendment. The parties, without penalty, may cancel, amend, supplement, or replace this Agreement at any time by mutual written agreement. 8 7.3. Entire Agreement. This Agreement represents the entire agreement between the parties, and there are no other agreements or understandings between the parties, either verbal or written, which have not been incorporated herein. This Agreement supersedes all prior agreements regarding interjurisdictional fire service responses, including the Fire Services Agreement between the City of Charlottesville and County of Albemarle dated May 3, 2000, as amended. WITNESS the following signatures and seals: CITY OF CHARLOTTESVILLE: By: _________________________ Approved as to form: Title: _________________________ ____________________ City Attorney Date: _________________________ COUNTY OF ALBEMARLE: By: _________________________ Approved as to form: Title: _________________________ ____________________ County Attorney Date: _________________________ 9 EXHIBIT A MAP Ivy Rd SeminoleTrl2 5 0 /2 9 B y p a s s Univ e rsityA ve I-64E StonyPointRdO ld G a r th R d 29BypassExpwI-64 W ScottsvilleRdRichm on d Rd M o n a c a nTrailR d Thom a sJeffersonPkwyEmmet St SCity/County ContractJan 6, 2014 CITY Engine available by special request only CITY Engine 1st Due (Automatic Aid) UVA Property CITY Engine Due based on Pick Order (except 1st Due) Prepared by Albemarle County -- Map created by Derek Bedarf, April 2012. Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description. This map is for display purposes only. 11 EXHIBIT B CALCULATION OF COST PER CITY FIRE DEPARTMENT CALL (1) Salary and Benefits for 24 / 7 Engine Company: $972,034 (2) Administrative Overhead (7%): $68,042 (3) Operating Costs for 3 Engine Companies: $300,261 (4) Total Cost: $1,340,337 (5) Maximum number of annual calls / 1 Engine Company: 2,250 (6) Line (4) divided by Line (5): $595 per call (rounded) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Petty Cash Resolution SUBJECT/PROPOSAL/REQUEST: Adoption of a Resolution to reduce the Petty Cash Fund for the Police Department and eliminate the Petty Cash Fund for the Albemarle-Charlottesville Regional Jail STAFF CONTACT(S): Foley, Letteri, Davis, Burrell, Sumner, Cradock PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Virginia Code Section 15-2-1229 provides that the County may adopt a resolution to establish petty cash funds not exceeding $5,000 to be used to transact daily County business. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community DISCUSSION: The Board of Supervisors last established petty cash funds by a Resolution adopted on July 10, 2013. The Police Department (P.D.) has requested a reduction in its petty cash fund from $1,800 to $1,000 and the Albemarle- Charlottesville Regional Jail (Jail) has requested the elimination of its $300 petty cash fund. P.D. and Jail staff now use P-cards for purchases previously made by staff, and no longer need to be reimbursed through the petty cash funds. Staff recommends the reduction of the petty cash fund for the Police Department to $1,000 and the elimination of the $300.00 petty cash fund for the Albemarle-Charlottesville Regional Jail. BUDGET IMPACT: There is no budgetary impact. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution to amend the existing petty cash funds (Attachment A). ATTACHMENTS: A – Petty Cash Resolution Return to consent agenda Return to regular agenda Attachment A RESOLUTION WHEREAS, Virginia Code §15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on Ju ly 10, 2013 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend certain petty cash funds for the above stated purpose, specifically reducing the petty cash fund for the Police Department and eliminating the petty cash fund for the Albemarle-Charlottesville Regional Jail. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia re-establishes the following petty cash funds: Finance Department $4,350.00 Social Services 200.00 Community Development 100.00 Police Department 1,000.00 Fire and Rescue 150.00 Fire and Rescue – Hollymead Fire Station 500.00 Fire and Rescue – Ivy Fire Station 1,000.00 Fire and Rescue – Monticello Fire Station 200.00 Commonwealth’s Attorney 300.00 Parks & Recreation 100.00 Total $7,900.00 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012-10 Off-Site Signs SUBJECT/PROPOSAL/REQUEST: Adopt ordinance to amend County Code Chapter 18, Zoning, regarding off-site signs STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, W right, Burbage PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On May 7, 2014 the Board deferred action on ZTA 2012-10 Off-Site Signs in response to concerns expressed by several Board members regarding the proposed regulations for by-right bundle signs (See Attachment B for May 7 Executive Summary). The Board requested that staff amend the proposed ordinance to require a special use permit for any off -site bundle sign and schedule the revised ZTA for the June 4, 2014 meeting. 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: Staff has revised County Code § 4.15.5A(b) of the proposed ordinance to require a special use permit for all off-site bundle signs. The ordinance, otherwise, remains as proposed on May 7th. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. RECOMMENDATIONS: Staff recommends that the Board adopt the attached proposed ordinance (Attachment A). ATTACHMENTS: A – Proposed Ordinance B – May 7, 2014 Executive Summ ary Return to consent agenda Return to regular agenda Draft: 05/07/14 1 ORDINANCE NO. 14-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as follows: By Amending: Sec. 4.15.2 Definitions By Amending and Renaming: Sec. 4.15.5 Signs Electric message signs; authorized by special use permit By Adding: Sec. 4.15.5A Off-site signs; authorized by right and by special use permit Chapter 18. Zoning Article II. Basic Regulations Sec. 4.15.2 Definitions. The following definitions shall apply in the interpretation and implementation of this section 4.15: (1) Access road. The term “access road” means a public or private street that is not a through street or provides frontage to fewer than ten (10) parcels. (1.1) Advertising vehicle. The term “advertising vehicle” means a motor vehicle, trailer or semi trailer (collectively, “vehicle”) having a permanent or temporary sign affixed, painted on or placed upon it, including a sign that alters the vehicle’s manufacturer’s profile; provided that a temporary sign affixed to an employee’s private vehicle during his or her working hours is not an advertising vehicle. (Amended 3- 16-05) (1.12) Agricultural product sign. The term “agricultural product sign” means a sign or signs identifying the produce, crops, animals or poultry raised or quartered on the property, or identifying farm sales, a farm stand, a farmers’ market or a farm winery. (Added 3-16-05; Amended 5-5-10) . . . (9.1) Bundle sign. The term “bundle sign” means a freestanding off-site sign that identifies two or more establishments or sites that are not part of a planned development district and share a common entrance or access road. . . . (14.2) Directional sign. The term “directional sign” means a freestanding off-site sign that directs vehicular or pedestrian traffic, or both, to an establishment and displays the establishment name, distance, an arrow providing direction, or any combination of the foregoing. . . . Draft: 05/07/14 2 (35) Off-site sign. The term “off-site sign” means: (i) within a zoning district other than a planned development district, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right-of-way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right-of-way. (Added 3-14-12) . . . (12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05; Ord. 10-18(1), 1-13-10; Ord. 10- 18(3), 5-5-10; Ord. 10-18(5), 5-12-10; Ord. 11-18(1), 1-12-11; Ord. 12-18(2), 3-14-12) State law reference – Va. Code §§ 15.2-2280, 15.2-2286(A)(4). Sec. 4.15.5 Electric message signs; Signs authorized by special use permit. Except as provided in subsection (d), eElectric message signs, off-site signs, and signs in public rights-of-way may be authorized only by special use permit, as provided herein: a. Authority. The board of zoning appeals is authorized to issue special use permits for electric message signs. b. Procedure and administration. The application procedure, the factors to be considered, the conditions imposed, and the authority to revoke such a permit shall be as provided in section 33. ac. Circumstances under which signs may be authorized. The signs may be authorized only under the following circumstances: Eligibility for special use permit. In order to be eligible for a special use permit, any proposed electric message sign shall be located within an industrial or commercial district or a commercial section of a planned development district, and the proposed sign shall comply with all applicable state laws for such signs. 1. Off-site signs. Off-site signs may be authorized by special use permit within any zoning district. 2. Electric message signs. Electric message signs may be authorized by special use permit within any commercial or industrial zoning district, or any commercially designated areas of a planned unit development. 3. Signs in public rights-of-way. Signs in public rights-of-way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review board. b. Authority. The authority to issue a special use permit for off-site signs and electric message signs is hereby granted to the board of zoning appeals. c. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 33 of this chapter. In addition to the foregoing: 1. For an off-site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on-site sign would be ineffective to communicate its message off- site because of topography or vegetation. Draft: 05/07/14 3 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. 3. A permit number for each special use permit issued for an off-site sign shall be affixed to the sign in a conspicuous place. d. Exception; certain off-site signs. A special use permit shall not be required for off-site directional, political, subdivision or temporary signs, and off-site agricultural product signs, except for those advertising a farmers’ market in any zoning district other than the Rural Areas, Monticello Historic District, and the Village Residential zoning districts, provided that their number does not exceed two (2) and they do not exceed an aggregate of thirty-two (32) square feet in sign area, and further provided that any agricultural product sign advertising a farmers’ market in the Rural Areas, Monticello Historic District, or the Village Residential zoning districts is posted within that particular zoning district. (12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01; Ord. 10-18(4), 5-5-10; Ord. 12-18(7), 12-5-12, effective 4-1- 13) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. Sec. 4.15.5A Off-site signs; authorized by right and by special use permit. Off-site signs are subject to the following: a. Authority of the board of zoning appeals to grant special use permits; procedure and administration. The board of zoning appeals is authorized to grant special use permits for bundle signs, directional signs, and signs in public rights-of-way as provided in subsection (b). The application procedure, the factors to be considered, the conditions imposed, and the authority to revoke a special use permit shall be as provided in section 33. b. When directional signs, bundle signs and signs in the public right-of-way may be authorized. Directional signs, bundle signs and signs in the public right-of-way are authorized by right or by special use permit as follows: Directional Signs Authorized Eligibility Districts Where Sign May Be Located Other Location Requirements By right Up to two (2) directional signs pertaining to any single twenty-four (24) hour emergency medical service facilities. Within any zoning district. None. By right Up to two (2) directional signs pertaining to any public use. Within any zoning district. The sign shall be located only in compliance with one of the following: (i) within one-half (1/2) mile from the site entrance along a street providing direct access to the site entrance; (ii) if the owner demonstrates to the satisfaction of the zoning administrator for public use directional signs or the board of zoning appeals for all other directional signs that it is unable to obtain permission from an owner within one-half (1/2) mile from the site entrance as provided in subdivision (i), then within one- quarter (1/4) mile from the turning By special use permit The owner shall demonstrate to the satisfaction of the zoning administrator that it has exhausted all possible locations and sign types for an on- site sign, and that no on-site sign face located at the site entrance would be visible from the street providing direct access to the site entrance within one hundred (100) feet of the site entrance. Within any zoning district. Draft: 05/07/14 4 Directional Signs Authorized Eligibility Districts Where Sign May Be Located Other Location Requirements decision onto a street providing direct access to the site entrance; or (iii) if the owner demonstrates to the satisfaction of the zoning administrator for public use directional signs or the board of zoning appeals for all other directional signs that it is unable to obtain permission as provided under subdivisions (i) and (ii), then another authorized location. Bundle Signs By special use permit The establishment or site to which the bundle sign pertains must be located within an industrial, commercial or residential district and share a common entrance or access road with one (1) or more other establishments or sites. Within an industrial or commercial district, a residential district authorizing a density of six (6) dwelling units per acre or more, or a planned development district. The sign shall be located on a parcel having frontage on the intersection of a street and an access road serving all establishments or sites identified on the sign. Signs in the Public Right-of-Way By special use permit The sign: (i) shall be either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29; (ii) the subdivision or planned development to which the sign pertains shall abut the public right-of-way in which the sign will be located; (iii) the regulations applicable to freestanding signs for the subdivision or planned development to which the sign pertains, except for setback regulations, shall apply unless the Virginia Department of Transportation imposes more restrictive standards; and (iv) the applicant submits a written statement from the Virginia Department of Transportation stating that it will permit the sign to be located in the public right-of-way. Within any zoning district. The sign shall be located only where the Virginia Department of Transportation authorizes it to be located. c. Other off-site signs authorized by right. The following off-site signs are authorized by right: 1. Agricultural product signs. Agricultural product signs, except for those advertising a farmers’ market in any district other than the Rural Areas, Monticello Historic District, and the Village Residential districts, provided that: (i) the agricultural product signs do not exceed an aggregate of thirty-two (32) square feet in sign area; and (ii) the number of signs advertising a farmers market in the Rural Areas, Monticello Historic District, or the Village Residential districts does not exceed two (2) and the signs are posted within that particular district. 2. Political signs. Off-site political signs, in any district. Draft: 05/07/14 5 3. Subdivision signs. Off-site subdivision signs, in any district, except for subdivision signs in public rights-of-way which are subject to subsection (b). 4. Temporary signs. Off-site temporary signs, in any district. (12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01; Ord. 10-18(4), 5-5-10; Ord. 12-18(7), 12-5-12, effective 4-1- 13) State law reference – Va. Code §§ 15.2-2280, 15.2-2286. 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012-10 Off-site Signs SUBJECT/PROPOSAL/REQUEST: Adopt ordinance to amend County Code Chapter 18, Zoning, regarding off-site signs STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Wright, Burbage PRESENTER (S): Amanda Burbage LEGAL REVIEW: Yes AGENDA DATE: May 7, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board held a public hearing on ZTA 2012-10 Off-site Signs on March 5, 2014 (see Attachment B for March 5th executive summary), but deferred action until April 2nd, then further deferred action until May 7th. The deferrals provided an opportunity for staff to meet with Mr. Sheffield, Mr. Boyd, and Neil Williamson to discuss Mr. Sheffield’s concerns about the proposed regulations for by-right off-site bundle signs. 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: Staff met with Messrs. Sheffield, Boyd and Williamson on March 20th. Staff reviewed the proposed by-right provisions for bundle signs and shared examples of sites in the County that would qualify for a bundle sign under the proposed ordinance. The discussion primarily focused on whether the allowance of by-right bundle signs would result in their proliferation throughout the Development Areas and encourage the creation of additional access roads within new commercial, industrial, and residential developments. While staff does not anticipate these outcomes, should the Board adopt the proposed ordinance, staff can update the Board in a year regarding the activity that results from the new regulations. Following the meeting, staff further revised the organization of § 4.15.5A in the proposed ordinance and made non- substantive changes to clarify the distinctions between provisions for bundle signs and directional signs, and the applicable eligibility and location requirements for both sign types. The tables in § 4.15.5A(b) of the proposed ordinance have been updated to reflect these changes. Staff notes that, although the March 5th executive summary inaccurately referenced what constitutes an access road, the ordinance correctly defined it as a public or private street that is not a through street or that provides frontage to fewer than ten parcels. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. RECOMMENDATIONS: Staff recommends that the Board adopt the attached proposed ordinance (Attachment A). ATTACHMENTS: A – Proposed Ordinance B – March 5, 2014 Executive Summary COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: VRS Resolutions SUBJECT/PROPOSAL/REQUEST: Adoption of VRS Resolutions to certify employer retirement contribution and to certify concurrence with the School Division’s election STAFF CONTACT(S): Foley, Letteri, Davis, Burrell, Gerome and Allshouse, L. PRESENTER(S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Virginia Retirement System requires participating employers to certify the Employer’s VRS contribution rate beginning July 1, 2014 for the upcoming biennium. The Board must select one of the two following choices:  Pay the Certified Rate set by the VRS Board of Trustees for the 2014-2016 biennium announced in December 2013 (13.49%); or  Pay the Alternate Rate (10.79%), which is 80% of the VRS Board-certified rate for FY 2015-2016. The School Board adopted the attached resolution (Attachment C) certifying its employer contribution rate of 7.86% for its classified/non-professional employees at its May 22, 2014 meeting. STRATEGIC PLAN: Goal 7. Promote a valued and responsive County workforce that ensures excellent customer service DISCUSSION: Adoption of the certified rate appropriately funds the County’s VRS contribution as determined by the VRS Board of Trustees. If the County elected to pay the lower alternative rate, in the future it will be required to pay higher rates than future certified rates in order to “catch up” to the mandated employer contribution. It is more cost effective and a better financial practice to pay the certified rate to avoid having to face more significant rate increases in the future. BUDGET IMPACT: The election of the 13.49% Employer contribution rate will not impact the FY 15 General Government budget, as that amount is already included in the FY 15 budget, which was approved by the Board on May 7, 2014. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolutions: 1) To certify the County’s employer contribution rate for General Government employees will be the VRS Board of Trustees’ rate of 13.49%, which is the contribution Certified Rate by the VRS Board of Trustees for the 2014-2016 biennium (Attachment A); 2) To certify that it concurs with the School Divisions election to pay the VRS Board of Trustees’ Certified Rate of 7.86% for the 2014-2016 biennium for the School Division’s classified/non-professional employees (Attachment B). ATTACHMENTS: A - Board of Supervisors Resolution to certify the County’s election to pay the VRS certified employer contribution rate of 13.49% for General Government employees for the 2014-2016 biennium B - Board of Supervisors Resolution to certify that it concurs with the School Division’s election to pay the VRS certified employer contribution rate of 7.86% for School Division classified employees for the 2014-2016 biennium. C - School Board’s Resolution to certify the School Division’s election to pay the VRS certified employer contribution rate of 7.86% for classified School Division employees for the 2014-2016 biennium. Return to consent agenda Return to regular agenda Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordanc e with the 2014 Appropriation Act Ite m 468(H)) Resolution BE IT RESOLVED, that Albemarle County 55101 does hereby acknowledge that its contribution rates effective July 1, 2014 shall be based on the higher of a) the contribution rate in effect for FY 2014, or b) eighty percent of the results of the June 30, 2013 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-16 biennium (the “Alternate Rate”) provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”); and BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2014: (Check only one box) X The Certified Rate of 13.49% □ The Alternate Rate of 10.79%; and BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of Albemarle County 55101 are hereby authorized and directed in the name of Albemarle County to carry out the provisions of this resolution, and said officers of Albemarle County are authorized and directed to pay over to the Treasurer of Virginia from time to time such sum s as are due to be paid by Albemarle County for this purpose. Chair, Board of County Supervisors of Albemarle County CERTIFICATE I, Ella W. Jordan, Clerk of the Board of County Supervisors of Albemarle County, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of the Board of County Supervisors of Albemarle County held at Albemarle County, Virginia at 9:00 a.m. o’clock on June 4, 2014. Given under m y hand and seal of Albemarle County this _____ day of June, 2014. Clerk, Board of County Supervisors of Albemarle County This resolution must be passed prior to July 1, 2014 and received by VRS no later than July 10, 2014. Local Governing Body Concurrence with School Division Electing to Pay the VRS Board-Certified Rate (I n accordanc e wit h the 2014 Appropriation Act Item 4 68(H)) Resolution BE IT RESOLVED, that Albemarle County 55101 does hereby acknowledge that Albemarle County Schools has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1 -145(I) resulting from the June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”); and BE IT ALSO RESOLVED, that Albemarle County 55101 does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of Albemarle County Schools to pay the Certified Rate, as required by Item 468(H) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of Albemarle County 55101 are hereby authorized and directed in the name of Albemarle County to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of Albemarle County, as appropriate, shall be affixed and attested by the Clerk. ___________________________________________ Chairman, Board of County Supervisors of Albemarle County CERTIFICATE I, Ella W. Jordan, Clerk of the Board of County Supervisors of Albemarle County, certify that the foregoing is a true and correct copy of a resolution passed by the Board of County Supervisors of Albemarle County and ratified by the Board of County Supervisors of Albemarle County at a lawfully organized meeting of the Board of County Supervisors held at Albemarle County, Virginia at 9:00 a.m. o’clock on June 4, 201 4. Given under my hand and seal of the Board of County Supervisors this _____ day of June, 2014. ___________________________________________ Clerk, Board of County Supervisors of Albemarle County This resolution must be passed prior to July 1, 2014 and received by VRS no later than July 10, 2014. Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordanc e with the 2014 Appropriation Act Ite m 468(H)) Resolution BE IT RESOLVED, that the Albemarle County Schools 55501 does hereby acknowledge that its contribution rates effective July 1, 2014 shall be based on the higher of a) the contribution rate in effect for FY 2014, or b) eighty percent of the results of the June 30, 2013 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-16 biennium (the “Alternate Rate”) provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting from the June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”); and BE IT ALSO RESOLVED, that Albemarle County Schools 55501 does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 201 4: (Check only one box) X The Certified Rate of 7.86% □ The Alternate Rate of 6.48%; and BE IT ALSO RESOLVED, that Albemarle County Schools does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of Albemarle County Schools 55501 are hereby authorized and directed in the name of the Albemarle County School Board to carry out the provisions of this resolution, and said officers of Albemarle County Schools are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by Albemarle County Schools for this purpose. Chair, Albemarle County School Board CERTIFICATE I, Jennifer Johnston, Clerk of the Albemarle County School Board, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of the Albemarle County School Board held at Albemarle County, Virginia at 6:30 p.m. o’clock on May 22, 2014. Given under m y hand and seal of the Albemarle County School Board this _____ day of May, 2014. Clerk, Albemarle County School Board This resolution must be passed prior to July 1, 2014 and received by VRS no later than July 10, 2014. Board-to-Board June, 2014 A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors Future Education and Environment Grant— The division has received a grant from the state to plan a new instructional model that will bring students closer in their learning to the needs of future employers. The $20,000 grant is part of the Commonwealth’s Future Education and Environment Development (FEED) initiative, recently approved by the General Assembly to support innovative education practices in public schools. The division will use funds to support pilot projects at each comprehensive high school, along with the charter high school. The projects include: greater diversity and choice in the places where students learn and in the technologies they use; increasing opportunities for learning outside of the classroom and in the broader community; more accessible transportation options for moving students between schools and community learning sites and enhanced professional development for teachers to enable them to take full advantage of contemporary learning resources. Ron Brown Scholarship Recipient—Monticello High School senior Sean Means was selected as a Ron Brown Scholar for his academic achievement and dedication to community service. The nation’s leading scholarship program for African-American youth received more than 5,000 applications this year; only 26 were awarded the honor, and Sean is the only recipient in Virginia. Sean will use the four year, $40,000 scholarship to attend Stanford next year, where he plans to study political science and international relations. Sean is also traveling to Chicago to compete in a national debate tournament. School Calendar Update— Based in part upon the views of community members who responded to the recent survey on inclement weather makeup dates, the Board considered adding makeup dates to next year’s school calendar instead of relying solely on an extension of the school year. After receiving public comment at the May business meeting, the Board adopted a 2014-2015 school calendar that includes inclement weather makeup dates as follows: January 20, February 16, April 3, and June 8 and 9. Principal Retirement—After twenty five years of service to the county, Baker-Butler Elementary School principal David Cushman will be retiring this summer. During his time with the division, Mr. Cushman has served as an elementary teacher at three schools- Crozet, Yancey, and Meriwether Lewis, along with working as an administrator at Hollymead and Stony Point Elementary Schools. Baker-Butler was a three-time recipient of the state Board of Education’s Award for Performance Excellence during Mr. Cushman’s tenure. The search process for a new principal is now underway, and will include an opportunity for community input. Summer Fine Arts Academy—Registration is now open for the new Summer Fine Arts Academy that will be held at Burley Middle School during the week of July 21-25. The Academy will offer sessions in art, creative writing, dance, drama, choir, and jazz band from 9 a.m. until noon each day; art students will have an option of adding three hours to their sessions and ending their day at 3 p.m. The new academy will follow the model of the highly successful Summer Jazz Camp, which has been held at Burley the previous two years. Academy students will receive concentrated instruction in selected areas that will include outside artists and will have the ability to work with students in multi-age groups. The Academy will be self-sustaining, with all costs supported by registration fees. Golden Apple Award Recipients-- Teachers from each of the division’s 26 schools received awards as part of the Golden Apple regional program sponsored by Better Living Building Supply and Better Living Furniture. The Golden Apple program recognizes teacher performance excellence and curriculum innovations in county and city public and private schools. Four of these teachers received a $1,000 grant for instructional materials and classroom supplies: Jamie Beeler, Claudia Bendick, Natalie Capps, and Pat Harder. In addition to this year’s winners, two previous Golden Apple recipients each received a $1,000 21st Century grant to support their innovative classroom projects: Lani Hoza, who teaches Advanced Placement Psychology at Western Albemarle High School, and Richard Lindsay, a world history teacher at Albemarle High School. Phi Delta Kappa Awards—The University of Virginia’s Phi Delta Kappa annually awards educators in the region who best represent the chapter’s principles of research, leadership and service. This year, in an unusual development, all of the winners came from Albemarle County Public Schools: Julie Lindenbaum, outstanding elementary school teacher from Hollymead; Janet Webster, outstanding secondary school teacher from Burley; Rachel McElroy, outstanding first year teacher award from Walton. Agnor-Hurt principal Michele Del Gallo Castner was the overwhelming choice for the Alton L. Taylor Leadership Award, and Sarah Vrhovac of Albemarle High School, who will pursue a college degree in education, was the recipient of the Rutrough Education Scholarship. Visit from Anne Holton—Anne Holton, the state Secretary of Education, spent time with division staff and students during her visit to Charlottesville to speak at the annual Chamber luncheon. Secretary Holton toured the career and technical education classrooms at Sutherland Middle School and used the telegraph re-engineered by students through a partnership with the Smithsonian Institute. Following the luncheon, Secretary Holton visited the Health and Medical Sciences Academy at Monticello High School, which is a Governor’s Academy. Rowing State Titles— Two county high school teams won state championships in rowing and are headed to Princeton, New Jersey for the national competition. Albemarle High School's co-ed team and Western Albemarle's Girls team earned their titles at the state competition earlier this month, held in Occoquan, Virginia. Team members also participated in a national invitational event in Philadelphia in May. School Board website: www.k12albemarle.org Page 1 of 4 Culpeper District Albemarle County Monthly Report June 2014 Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 53 Safety Project – Intersection Improvements at Route 729 Right of Way Advertisement TBD Route 616, Black Cat Road Bridge Replacement over RR Right of Way Advertisement TBD Route 677, Broomley Road Bridge Replacement over RR Right of Way Advertisement December 2014 Route 637, Dick Woods Road Bridge Replacement over Ivy Creek Right of Way Advertisement 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 2016 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 CITY OF CHARLOTTESVILLE: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Best Buy Ramp Design Public Hearing Right of Way November 2014 Page 2 of 4 Construction Activities  Route 29 Bypass (FO)0029-002-844 Scope: Construct 6.2 miles of highway between Route 250 to north of South Fork of the Rivanna River. VDOT is currently evaluating the effect of the FHWA letter dated Feb 18, 2014. No current construction activity.  McIntire Interchange 0250-104-103, PE101 Scope: Construct Interchange at McIntire Road and Rte 250 Next Major Milestone: Phase 2B Traffic has been shifted entirely to the Phase 2A configuration. Work is ongoing on Ramp 2 for next shift to Phase 2B. Bridge work is ongoing for construction of the Abutment B foot ing and stem. Fill construction has been performed for the Abutment A Approach and bridge contractor has performed structure excavation for the footing. Pile driving for the Abutment A footing should start next week. Work has been performed for D603 culvert on the inlet end for setting precast sections and constructing wingwalls to complete Phase 1B for the structure. Remaining wingwalls for North side of D602 culvert are being constructed. Roadway for McIntire Road from US 250 to connection with MRE VDOT Project is at subgrade elevation and should have stone course placed in near future. New gas lines are now in service and old gas regulator building has been demolished. Sanitary Sewer and Waterline work are nearing completion. 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 Delayed until June 2014 Scope: Superstructure replacement, State Forces. Next Major Milestone: Road Closure, November 4th. Proposed Completion: November 29, 2013  Route 708 Dry Bridge Road (NFO)0708-002-283, C501, B659 Scope: Replace bridge; reconstruct approaches, drainage and incidentals Next Major Milestone: Construct grading, drainage, utilities and new bridge Contract Completion: 12-Sep-14  Plant Mix Schedule Scope: Plant mix overlay of various routes Next major Milestone: Route 6 Irish Road  Suraface Treatment Schedule Scope: Surface treat various routes Next Major Milestone: Begin in Albemarle 6  Route 688 Midway Road Rural Rustic—State forces have been installing pipe and adding base stone in preparation for upcoming surface treatment. Page 3 of 4 Traffic Engineering Studies Completed  Route 20, Stony Point Road @ Route 250, Richmond Road: Intersection pavement marking review; Study completed; Pavement marking installation pending. VDOT Study Number - 003-0250-20130301-006  Route 250 Rockfish Gap Turnpike @ Route 689 Burch’s Creek Road: Safety study; Study completed; Sign relocation pending; VDOT Study Number-- 003-0250-20131008-007  Route 250, Richmond Road @ Route 22, Louisa Road: Pavement marking review; Study completed; Pavement marking installation pending. VDOT Study Number – 003-0250-20130923-006  Route 606, Dickerson Road @ Route 29, Seminole Trail: Safety review; Study completed; Pavement marking installation and brush removal pending. VDOT Study Number- 003-0606-20130819-007  Route 22 @ Route 740 Safety review; study complete; installation pending VDOT Study Number—003-022-20140113-007  Route 250 @ Tilman Road Signing review; review complete; installation pending VDOT Study Number—003-0250-20140130-010  Route 250 @ Town and Country Lane: Signal warrant study; study complete VDOT Study Number—003-0250-20131106-009  Route 677, Bloomfield Road Speed study; study complete VDOT Study Number—003-0677-20140113-011  Route 1452, Westfield Court Signing Review; complete VDOT Study Number—003-1452-20140113-010  Route 29 and Plank Road Safety review; complete VDOT Study Number—003-0029-20140130-007  Route 620 @ Route 618 Pavement marking review; complete VDOT Study Number—003-0620-20140130-006  Route 250 @ 678 Owensville Road for Broomley Road Bridge Detour Signal warrants; complete VDOT Study Number—003-0677-20140130-009  Route 732, Milton Road @ Lafayette Lane Safety review; complete VDOT Study Number—003-0732-20140404-007  Route 742 Avon Street @ Cale Elementary School Crosswalk study; complete VDOT Study Number—003-0732-20140408-020 Page 4 of 4 Under Review  Route 250 @ Glenmore Speed study; pending VDOT Study Number—003-0250-20131217-011  Route 250 @ Birdwood Signal Warrant study; pending VDOT Study Number—003-0250-20140113-009  Route 742 Avon Street @ Route 20 Safety review; pending VDOT Study Number—003-0732-20140404-007  Route 627, Warrens Ferry Road Speed study; pending VDOT Study Number—003-0627-20140408-011 Maintenance Activities VDOT Area Headquarters crews completed the following activities during the past month. For specific route activities, please contact the Charlottesville Residency Office.  Machining of non-hard surface roads has been performed on 36 secondary routes  Ditches maintained on 1 primary route and 5 secondary routes  Patching was performed on 4 primary routes and 38 secondary routes  Culvert maintenance on 4 primary route and 26 secondary routes  Debris was removed from 1 primary route and 9 secondary routes  Trash removal on 3 primary routes and 16 secondary routes  Trimming performed on 2 primary routes and 1 secondary route  Tree removal on 6 secondary routes Joel DeNunzio Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: County Grant Application/Award Report SUBJECT/PROPOSAL/REQUEST: Summary of grant applications submitted during the time period of April 19, 2014 through May 15, 2014 STAFF CONTACT(S): Foley, Davis, W alker, Letteri, Allshouse, L, and Shifflett, K PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pursuant to the County’s Grant Policy and associated procedures, staff provides periodic reports to the Board on the County’s application for and use of grants. STRATEGIC PLAN: Grant awards provide funding to support a variety of projects, the majority of which support Goal 5, Ensure the health and safety of the community. DISCUSSION: The attached Grants Report provides a brief description of six grant applications that were approved during the time period of April 19, 2014 through May 15, 2014. BUDGET IMPACT: The budget impact is noted in the summary of each grant. RECOMMENDATIONS: This information is for information only. ATTACHMENTS: Grant Report Return to consent agenda Return to regular agenda GRANT REPORT ACTIVITY from April 19, 2014 through May 15, 2014 Applications were approved for the following grants: Granting Entity Grant Type Amount Requested Match Required Match Source Dept Purpose Virginia Department of Criminal Justice Services FY15 Pre-Trial Services State $225,000 $75,000 Central Virginia Regional Jail Offender Aid & Restoration (OAR) This grant will provide screening, interviews, and investigations at the Central Virginia Regional Jail for the jurisdictions served by the jail. Virginia Department of Criminal Justice Services Comprehensive Community Corrections Act (CCCA) State $725,084 None None Offender Aid & Restoration (OAR) This grant will provide local probation, supervision, risk assessment, case planning, and many other services to a nine-locality service area. Virginia Department of Conservation and Recreation (DCR)- Dam Safety Dam Break Analysis and Inundation Zone Mapping State $67,759 $36,000 Stormwater Resource Budget General Services This grant will subsidize the cost of consulting services necessary to meet a DCR mandate to perform dam break analyses and inundation zone mapping of three County-operated, State-regulated impoundments: Walnut Creek Park Dam, Chris Greens Park Dam, and Hillcrest Dam (adjacent to Monticello HS). Virginia Department of Criminal Justice Services FY15 Victim Witness Program Federal and State $84,506 None None Police This grant will help cover the FY 15 expenses for a second Victim Services provider, a program support person and training, dues and victim service expenses. Virginia Department of Criminal Justice Services FY16 Victim Witness Program Federal and State $84,506 None None Police This grant will help cover the FY 16 expenses for the second Victim Services provider and a program support person and training, dues and victim service expenses. National Fish and Wildlife Foundation 2014 Ches. Bay Stewardship Fund - Small Watershed Grant Foundation $120,000 $40,000 Stormwater Resource Budget General Services The grant will fund a project to develop a procedure to identify and prioritize privately-owned and operated facilities that have high potential for retrofitting. The local office of the Center for Watershed Protection will provide much of the analysis and process development. Awards were received for the following grants: No awards were received during this time period. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Biannual Update on FY13-17 Strategic Plan SUBJECT/PROPOSAL/REQUEST: Biannual Update on FY13-17 Strategic Plan STAFF CONTACT(S): Foley, Letteri, Walker, Davis, Catlin, Allshouse L., and Wyatt PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors has formally engaged in the County’s strategic planning efforts since 2001. The Board provided direction and guidance for the development of the FY13-17 Strategic Plan during a strategic planning retreat held on June 30, 2011. After additional discussion at subsequent Board meetings, the Board gave final approval of seven goals and associated objectives at its May 2, 2012 meeting. Staff provides the Board formal biannual updates on the FY13-17 Strategic Plan in January and also prior to the annual strategic planning retreat in the summer. STRATEGIC PLAN: This biannual update on the FY13-17 Strategic Plan supports the County’s Vision and Mission. DISCUSSION: Implementation of the FY13-17 Strategic Plan began on July 1, 2012. Over seventy employees have been involved in this process, working together on seven cross-departmental goal teams. The attached June 2014 Update on the FY 13-17 Strategic Plan (Attachment A) highlights the progress that has been made towards the seven Strategic Plan goals over the past two years, including key indicators associated with each goal. More detailed information for many of these indicators is available on the County’s performance management site at https://ia2010.albemarle.org/performance/kpi. The attached Update also shows how the Board’s adopted FY15 budget helps to move many of the existing goals forward. At the upcoming Board retreat on June 10th, the Board will identify and discuss priority goals to direct future action. BUDGET IMPACT: The FY13-17 Strategic Plan provides direction for the County’s Five-Year Financial Plan and annual budget processes. RECOMMENDATIONS: Staff recommends that the Board review the attached biannual update in preparation for discussion of Board priorities at the upcoming retreat. ATTACHMENTS: Attachment A: June 2014 Biannual Update on FY13-17 Strategic Plan Return to consent agenda Return to regular agenda 1 FY13-17 Albemarle County Strategic Plan—June 2014 Biannual Progress Report Vision Statement: A thriving County, anchored by a strong economy and excellent education system, that honors its rural heritage, scenic beauty and natural and historic resources while fostering attractive and vibrant communities. Mission Statement: 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. Values: Integrity, Innovation, Stewardship and Learning 1. Provide excellent educational opportunities to all Albemarle County residents Key Indicators:  Indicator: % of citizens rating Albemarle County educational opportunities as “good” or “excellent” Available Data: 82% (Source: 2014 Citizen Survey). This is “much above” the national comparison.  Indicator: # of Albemarle County Public School (ACPS) students enrolled in County-sponsored preschool programs (includes Bright Stars, Special Education and HeadStart) Available Data: 169 students enrolled in Bright Stars in FY13 (Source: Department of Social Services)  Indicator: On time graduation rate for ACPS Available Data: 93.4% in AY13 (Source: ACPS)  Indicator: ACPS graduates pursing higher education Available Data: 85.7% in AY13 (Source: ACPS)  Indicator: Number of local employers participating in PVCC Workforce Training Available Data: 10 employers in customized training, 67 employers in non -credit open enrollment in AY13 (Source: PVCC)  Indicator: Number of participants and workshops help by entrepreneurial training partners (Central Virginia Small Business Development Center, Community Investment Collaborative, SCORE) Available Data: SCORE has a 70% increase in workshops and 40% in enrollment from FY13 to FY14, CIC had 66% increase in enrollment from 2012 to 2013, SBDC had 248 participants in 30 events in 2013 (Sources: SCORE, SBDC, Community Investment Collaborative) Results: Objectives a) Increase the availability and quality of pre-kindergarten learning opportunities and adult workforce development opportunities.  As part of the FY 15 budget, the Board of Supervisors: 2 o Provided $289,804 in additional FY 15 funding for Bright Stars and Family Support funding to offset School Board funding that was eliminated in FY 15 due to budget pressures. The School Division will continue to provide in-kind support. The General Government and School Division both believe the program is important and will hold future discussions about ongoing obligations. There are 10 Bright Stars classrooms in 8 elementary schools. o Provided additional funding for extra hours at Crozet Library  In September 2013, CATEC began a strategic planning process to enhance curriculum and training to better meet industry needs. In March of 2014, the CATEC Center Board voted to approve the new Institutes Model in concept. In addition, the Board authorized the Director to begin the formation of steering committees and planning teams to begin preparation for SY2015-15 implementation of the new model in part or in whole.  Following the work of the Target Industry study and the County White Paper on workforce training, in 2013 PVCC created a Workforce Advisory Council to help guide future planning of non-credit workforce training to better align with growing industry needs. The Council meets quarterly to advise the PVCC Career Services staff on potential new training opportunities and serves as a liaison with the local employers seeking customized and non-credit semester training in targeted skill areas. b) Improve coordination to support goals shared between the School Division’s Strategic Plan for K-12 Education and the County’s overall Strategic Plan.  General Government and School Division staff continues efforts to work together to improve purchasing, financial, and budgeting processes. So far, staff has significantly streamlined purchasing process for summer ordering of school supplies, eliminating delays encountered in previous years. The Purchase Card program continues its expansion to include the ability to pay Purchase Order receivables amounts. Changes in accounting processing methods have allowed for faster posting to accounts.  The County’s Office of Management and Budget (OMB) staff and the School’s Fiscal Services staff continue to meet and work to improve processes and communication.  A Broadband Task Force was established in 2013 as a concentrated effort to bring broadband choice to underserved areas of the County. More recently, three Broadband Task Force sub-teams have been formed, to include service providers, legal representatives and staff to look at awareness and broadband demand identification; funding options, including special grants; and permitting process review, and rights of way recommendations. In response to Board feedback, the survey team expanded circulation and outreach on the survey and extended the deadline until June 30th. Results will be analyzed and presented to the Board at the August 6th meeting. The funding team continues to maintain contact with the FCC regarding the development of its grant program and timeline for use of the "Connect America" funds.  To enhance its participation with County school students, the Police Department: o Continues to teach a block of instruction in the driver education classes at all four high schools, as well as Internet safety courses o Completed CPTED (Crime Prevention Through Environmental Design) surveys of 12 out of 26 public schools. o Partnered with the Commonwealth Attorney, the School system, and Safe Schools/Healthy Students to provide a “dangers of sexting” forum at Monticello High School. 2. Provide community facilities that meet existing and future needs Key Indicators:  Indicator: % of identified CIP needs funded (% based on $ amount of projects) Available Data: 46.4% of identified CIP needs funded in the FY14 CIP 68.9 % of identified CIP needs funded in the FY14-19 CIP  Indicator: 3% of ongoing General Fund revenue (transfer) dedicated to CIP Available Data: 1.392% dedicated to FY13 CIP (actual) 1.474% of dedicated to FY14 CIP (projected) 3 Results: Objectives a. Improve the evaluation practices and procedures used to assess the community’s facility needs.  Staff reviewed the Capital Improvement Program (CIP) Process, including participant feedback. The majority of the process updates identified, including those approved in June by the Board, are being implemented in the FY15 process. b. Increase the capacity of the Capital Program.  Staff considered several options for increasing funding in CIP, including possible adjustments to the County’s proffer formula and the establishment of a storm water utility.  The Fiscal Impact Advisory Committee (FIAC) met several times throughout the year. Subsequent meetings of FIAC to consider changes to proffer formula. Broader policy questions related to proffers remain at the direction of the Board. Staff anticipates future work sessions on proffer policies generally.  An internal staff team has been considering options for how to address future storm water mandates and infrastructure needs. Over the next few months, another series of work sessions will be held for the Board to explore service levels and funding options to address mandates and water quality issues.  The most recently-adopted 5-Year Financial Plan allows the County to address critical infrastructure needs to a larger extent than in the recent past. Major projects include: upgrade/expansion of the County court facilities, replacement/upgrade of Emergency Communication Center (ECC) communications equipment, enhanced funding for the VDOT Transportation Revenue sharing program, and ACE program funding.  The current year approved operating budget includes funding for a bond referendum study to evaluate the feasibility/advisability of proceeding with this option to address future capital needs. Following this year’s CIP request process, staff will be prepared to engage the board in a discussion on the merits of a bond referendum in the context of capital needs. c. Identify and implement appropriate alternative construction project procurement methods (design/build, CM Agency, Job Order Contracting, PPEA, etc.) to reduce costs and improve project execution  At its September 4, 2013 meeting, the Board adopted the staff-recommended procedures for two alternate procurement methods—Design/Build and CM Agency. Incorporation of guideline changes associated with PPEA and Job Order Contracting are not recommended at this time. This objective is considered completed. 3. Encourage a diverse and vibrant local economy Key Indicators:  Indicator: 3.5% historical unemployment rate in Albemarle County Available Data: 4.17% in Q2FY14 (Source: Albemarle County Quarterly Economic Indicators Report)  Indicator: % of total real estate tax revenue in Albemarle County is from commercial real estate tax revenue Available Data: 20.6% in FY13 (Source: Albemarle County Finance Department) 19.9% in FY12  Indicator: % annual growth in total # of jobs Available Data: 2.7% growth in total # of jobs between Q1FY13 and Q1FY14 (Source: Albemarle County Quarterly Economic Indicators Report)  Indicator: Private sector as % of total jobs Available Data: 67.94% in Q1FY14 (Source: Albemarle County Quarterly Economic Indicators Report)  Also see workforce development indicators under Goal 1 4 Results: Objectives a. Complete all objectives of last two years of the Economic Vitality Action Plan.  All major action items in the Economic Vitality Action Plan have been accomplished except the Comprehensive Plan update-related items that will be before the Planning Commission in July. A final report on the end of the three year plan was presented to the Board in September, 2013. b. Establish fully functioning economic development program for the County.  The Board and the Economic Development Authority (EDA) finalized a Memorandum of Understanding to outline exactly how funds will be managed between the EDA and the County, and approved budgeted items for FY14 are now being funded by the EDA.  The FY15 budget includes money to establish an Economic Development Office to include a new full time Director position and a half time Administrative Assistant position in addition to the existing Economic Development Facilitator position. Staff plans to bring back a discussion about establishing the office, including work plan priorities and goals and objectives, to the Board in July with the goal of having the office up and running by November 1. c. Assess and implement appropriate incentive options to support economic development in the County  The Board adopted an ordinance establishing a tourism zone for the Crozet Development Area to provide a gap financing mechanism for those qualifying tourism development projects identified as critical and which address specific critical tourism infrastructure deficiencies; the only deficiency identified by the Board at this time is lodging establishments.  Discussion on incentives will be brought forward to the Board once an Economic Development Office is established and work plan priorities are identified. 4. Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s established growth management polices Key Indicators:  Indicator: % of those surveyed rating the quality of Albemarle County’s preservation of natural areas such as open space, farmlands and greenbelts as “good” or “excellent.” Available Data: 66% (Source: 2014 Citizen Survey) This is“above” the national comparison.  Indicator: County land preserved in permanently protected land Available Data: Conservation easements acreage: 90,000 acres (rounded) in 2012 (Source: Community Development) Protected park acreage: 3,756 acres (Source: Albemarle County Parks &Recreation) Results: a. Work in conjunction with key stakeholders to protect the health of our local waterways and other critical natural resources.  As part of the 5-Year Financial Plan process, the Board acknowledged the need for new dedicated revenues to support increased costs associated with water quality initiatives and mandates including the VSMP and the TMDL/MS4. In April, 2014 the Board adopted a real estate tax rate that identified $.007 dedicated to funding the water resources mandates prescribed by the Chesapeake Bay Act and MS4/TMDL. In May, 2014 the 5 Board adopted a FY15 Budget that included the use of new tax revenue to address these mandates including additional staff resources and additional capital investment.  In April, 2014, the Board approved a public engagement process that included the formation of broad-based Water Resources Advisory Committee and the hiring of technical expertise to work with staff in considering long term funding options related to the cost of complying with water resource mandates and meeting other water resource management service levels as determined by the Board in the future.  In May, 2014 the Board approved an amended Water Protection Ordinance implementing the new VSMP mandates and increasing fees to offset the increased County costs associated with this program including remittance of a portion of fee revenue to the State. Implementation of the VSMP includes additional staffing included as part of the FY15 adopted budget.  In December, 2013, the Board formally accepted the donation of approximately 410 acres of property known as the Arrowhead Farm for the purpose of establishing a natural resources “preserve” in partnership with key private and non-profit stakeholders including the Rockfish Wildlife Sanctuary. This property contains specific biodiversity and geological features deemed important for long-term protection and preservation. This donation and acceptance represents the creation of the County’s first county-owned “preserve” as a distinction from a county-owned “park.” Final closing on this transaction is still expected in June, 2014. b. Preserve and maintain the quality of the County’s investment in its parks and its recreational trail and greenway/blue way system.  Volunteers continue to play a significant role in this work. In FY13, volunteers provided a total of 3,460 hours of assistance. Since January, 2014 volunteers have provided another 1,154 hours of assistance. This assistance supports work in new project construction and ongoing maintenance, including help in continuing to open new sections of Old Mill Trail and Patricia Ann Byrom Forest Preserve Park.  Staff has identified mid-range objectives including the establishment of a Greenway/Blueway Advisory committee to assist staff in the creation of a GIS overlay/data map of recreational greenways and trail infrastructure that will include an inventory of current and future sections and connections in order to inform strategies for developing a contiguous regional network. Another near term objective is to upgrade existing rectangular athletic fields with synthetic turf/lighting. Staff has identified potentially three new athletic fields on the Western Albemarle High School campus and one new athletic field at Scottsville Elementary School.  Staff is continuing its work to developed and implement a comprehensive Maintenance Management Program to address ongoing parks maintenance and management practices. c. Maintain and preserve County-owned historic resources and facilities and work in conjunction with key stakeholders to enhance awareness of the rich historic assets of this region.  An inventory of all County Property, including City co-owned, has been created.  County Parks and Recreation has presented a draft list of known historic, or potentially historic sites, within the boundaries of County Parks.  A joint effort has been initiated and is on-going with the Historic Society and the Historic Preservation Committee using local funding for 1) Battle of Rio Hill Commemoration and 2) Community Education Exhibits.  Staff continues its work with the Burke Brown Stepp Chapter to identify historic African-American communities.  In July, 2013 a task team was created to evaluate County policies for retention/disposal of records, documents, maps, notes, etc. with particular emphasis on those that may have historic significance. 5. Ensure the health and safety of the community 6 Key Indicators:  Indicator: 85% of Priority 1 calls responded to within 5 minutes in the Development Area Available Data: 62.5% in CY14 Q1 (Source: Albemarle County Police)  Indicator: Average response time of 10 minutes or less to Priority 1 calls in the Rural Area Available Data: 11:34 in CY14 Q1 (Source: Albemarle County Police)  Indicator: % of those surveyed report feeling “very” or “somewhat” safe in their Albemarle County neighborhood after dark Available Data: 93% (Source: 2014 Citizen Survey). This is “much above” the nati onal comparison.  Indicator: Average Response Time of 5 minutes or less in Development Areas for F/R service Available Data: 6:11 (mm:ss) for CY13 Q4 (Source: Albemarle County Fire/Rescue)  Indicator: Average Response Time of 13 minutes or less in Rural Areas for F/R service Available Data: 10:44 (mm:ss) for CY13 Q4 (Source: Albemarle County Fire/Rescue)  Indicator: 90% of new referrals to Child Protective Services are responded to per state-mandated timeliness guidelines. Available Data: 80% in CY13 Q4 (Source: DSS)  Indicator: 95% of Adult Services assessments are conducted within the recommended 45 days. Available Data: 100% in CY13 Q4 (Source: DSS)  Indicator: % of facilities having recommended annual Fire Marshal inspections Available Data: Estimated 70-80%; inspecting higher hazard facilities first. (Source: Albemarle County Fire/Rescue) Results: Objectives a. Work in conjunction with key community partners to establish multi-disciplinary teams to address specific public health and/or safety issues, emerging trends and or vulnerable groups.  In the fall of 2013, the ACPD established a fulltime Crime Analyst position through a grant. One of the goals of the Crime Analysis program is to integrate and promote multi-disciplinary data sources in the CompStat process. This will require key agencies to work with the County’s GIS to establish common guidelines and shared uses of the data. Ultimately, shared data through a common GIS format will contribute toward a better application of Evidenced Based Decision Making and more efficient governmental services.  The regional Emergency Operations Plan (EOP) was adopted by the Board at its meeting on November 13, 2013 and soon after submitted to the Virginia Department of Emergency Management. A regional Table Top Exercise was conducted in March, 2014 to train key personnel on the new Plan. As a follow-up to the Table Top exercise, which focused on a water contamination incident, the Office of Emergency Management organized and hosted a presentation by Major General James A. Hoyer, the Adjutant General of West Virginia in which he discussed the complexities of the January, 2014 water contamination incident and lessons learned.  A work group met in early July, 2013 to initiate a benchmark study for emergency response times for police, fire/ rescue, child protective services, adult protective services and other public safety service functions. The staff of the three key departments completed their work and determined that due to wide variations of data collection across the state it was not reasonable to compare emergency response time for police and fire/rescue. Further evaluation of this work item is expected.  In December of 2013, the ACPD implemented a 10-hour shift pilot project. The purpose of the pilot was to improve response times, allow greater capacity for Geo Policing and increase community policing efforts 7 during overlapping shifts. Since the implementation of the 10 hour shift, the ACPD continues to see improvement in our response times in the first quarter of 2014. In March, the Rural response times for emergencies fell from an avg. of 11:01 to an average of 9:16 minutes. In the Urban areas, the average response times fell from 5:05 to 4:23. The ACPD will continue to evaluate the effectiveness of the 10 hour shift on response times.  The Southwood Quality of Life Team met in November 2013. Members of the Boys and Girls Club and management have been added to the Blue Ridge Patrol District CAT and Officer Gluba has been working with management and Boys and Girls Club at addressing trespass signs for Mobile Home Park, some have been posted, and has created a monthly report that lists calls for service, types of calls and where the calls for service are located so management can take proactive measures at addressing problem areas. Discussion also included installing more smoke detectors and emergency preparedness planning for that community. b. Enhance the safety of the County by improving emergency response times and increasing prevention activities and services.  County EMS service from Martha Jefferson Hospital on Pantops began October 2012, and continues to operate on 12-hour shifts Monday through Friday (6 a.m. to 6 p.m.). This service is expected to continue until a new station is constructed near the hospital. Timing of construction of new station on Pantops has been accelerated due to the pending expiration of the lease with MJH.  The Ivy Fire Station opened on time on July 1, 2013 with an Engine Company running 24/7 and EMS crew running 12 hours/day five days per week. Recruitment of volunteers to provide appropriate engine company staffing capacity is on-going and the desired revised goal of 25 active volunteers has not yet been achieved. Currently, the Ivy Fire Station has 19 volunteers (up from 15) with 9 (up from 5) that are expected to be “cleared” to serve in a full capacity by July, 2014.  The Seminole Trail Station renovation project is underway and remains on schedule with completion expected in the Fall/Winter of 2014. The County acquired Rescue 8 building from CARS in partnership with STVFD and is utilizing that space as temporary quarters for fire personnel during the construction of the Seminole Trail project. The Rescue 8 building will used to house the County EMS crew in the future. Currently, 24/7 County EMS services to Route 29 North are stationed in temporary quarters near STVFD/Rescue 8.  The County and City have finalizing a joint services agreement to provide for fire response across jurisdictional boundaries. This agreement, already in place operationally, will improve the coordination of emergency response through the ECC, and in the field as required, to better ensure the quickest and most appropriate fire engine response to emergencies. This agreement is expected to be adopted by the City in May, 2014 and adopted by the County in June, 2014  ACPD has worked in conjunction with the Charlottesville-Albemarle communities to establish the Gang Reduction through Active Community Engagement (GRACE) steering committee. The purpose of the steering committee is to prevent and reduce youth involvement in gangs and to minimize gang influence on area youth. The primary objectives are gang prevention, intervention and suppression using the National Comprehensive Gang Model already proven effective in other communities. The ACPD has secured monies from the Virginia Department of Criminal Justice Services to establish a regi onal Gang Coordinator and to hire a professional researcher to conduct a community assessment of the gang problem. Both of these positions are in place and actively working.  Community assessment of gang issue was completed in February 2014. The assessment was presented to the community in March and April of 2014. The community assessment was reviewed with the National Gang Center and found to be of great value. Next steps include the strategic planning process for GRACE. The ACPD has formally requested the Strategic Planning/Action Plan processes be supported by the Fellows program. This plan should be completed by August 2014.  In partnership with the Boys and Girls Club, a School Resource Officer from the City and the County will be sent away to GREAT training and tasked with implementing a similar gang prevention program in the community this summer.  Fire Rescue Prevention staff worked with ACDSS staff and others on providing and installing smoke alarms in several residences within the Southwood community. 8 6. Promote individual responsibility and citizen ownership of community challenges Key Indicators:  Indicator: % of Albemarle County citizens rating “opportunities to participate in community matters” as “good” or “excellent.” Available Data: 74% (2014 Citizen Survey). This is “much above” the national comparison.  Indicator: % of Albemarle County citizens rating the job that Albemarle County does at welcoming citizen involvement as either “excellent” or “good.” Available Data: 55% (2014 Citizen Survey). This is “above” the national comparison.  Indicator: Community Engagement Plans implemented for all major policy issues and County projects Available Data: Plans in place and underway for six major policy issues/capital projects  Indicator: Graduate 50 citizens every year as part of Community Emergency Response Team (CERT) Available Data: 2012—53 graduates 2013—39 graduates 2014 YTD—20 enrolled currently (Source: Emergency Communications Center) Results: Objectives a) Increase County’s volunteer management capability  A Volunteer Advisory Team, made up of representatives from all local government departments that make significant use of interns/volunteers, continues to work on centralizing/institutionalizing the Count y's volunteer efforts, including academic interns, paid interns and volunteers. A SharePoint site has been established and materials are being prepared for the interns coming in fall 2014.  The Police Department is continuing efforts to establish an Auxiliary Police Force to enhance law enforcement services in the County as part of Phase I of the Geo-Policing effort. b) Increase opportunities for citizen self reliance and responsibility for addressing community issues  Staff continues ongoing engagement with the Board’s appointed Community Advisory Councils. The annual Joint Town Hall meeting was held in March 2014 which included orientation and training for new members, roundtables on major county issues, and individual meeting opportunities for each of the four councils.  County staff has developed and is implementing community engagement/communications plans for a number of major capital projects including the Northside Library, Regional Firearms Training Center, Crozet streetscape, etc.  The Board adopted a community engagement plan for identifying a permanent funding solution for water resource protection mandates, a citizen advisory committee will be formed this summer  A community engagement plan is underway for the Comprehensive Plan Update  Staff is working with Board members to engage citizens in the southern and western development area communities in the Comprehensive Plan update which will include a master plan for those areas – Community Advisory Councils will be appointed once the Comp Plan Update is complete and the master plan is adopted  The Board appointed a citizen advisory committee to develop recommendations for long range solid waste solutions, the committee has had its first meeting and will report to the Board in July  As part of the budget process, staff worked with Board of Supervisors members to support 18 town hall meetings to engage citizens in discussions about budget priorities priorities and continues to support town hall meetings on other topics. 9  Continuing efforts in geopolicing have provided more direct and meaningful involvement of citizens in community issue identification and problem solving. 7. Promote a valued and responsive County workforce that ensures excellent customer service Key Indicators:  Indicator: % of County residents rating the overall impression (includes knowledge, responsiveness, and courtesy) of Albemarle County employee(s) in their most recent contact as “excellent” or “good.” Available Data: 76% (Source: 2014 Citizen Survey) This is “similar” to the national comparison.  Indicator: % of County employees “agree” or “strongly agree” with the statement “I am recognized for my work .” Available Data: 78% (Source: 2013 climate/self-assessment survey)  Indicator: % of County employees “agree” or “strongly agree” with the statement “My department works as a team with other departments.” Available Data: 78.1% (Source: 2013 climate/self-assessment survey)  Indicator: % of County employees “agree” or “strongly agree” with the statement “I receive advanced training to enhance my professional skills.” Available Data: 61% (Source: 2013 HR Learning Needs Assessment) Results: Objectives a) Demonstrate improvements to internal and external customer service.  After conducting an internal customer service study, a team is working on a customer service training guide for organizational use. Several other staff initiatives to improve customer service to our citizens are also underway, including the development of a “Citizens Engagement Center” and increased online business transactions made possible with recent software upgrades. b) Reinforce a culture of using cross departmental efforts to improve communications and teamwork for cost effective solutions.  Quarterly employee town hall meetings that include department updates are helping to improve communication throughout the organization.  In the past two years, over 70 employees have participated in a job shadowing program that encourages interested employees to shadow a colleague in another department to learn more about what they do.  Field trips offered through the Learning Catalog have provided opportunities for cross-departmental learning and relationship building.  The newly-established Oxygen Team quarterly meetings for new employees allow staff to get to know others outside their departments and learn how they can contribute to the work of Albemarle County.  All County department heads attended an intense 2-day retreat together in November 2013, which encouraged cross-departmental teambuilding and clear communication of our operating vision as being “ONE Organization—Committed to Excellence.”  Updated building maps were created and distributed to all employees to improve customer service. c) Expand opportunities for training and professional development  In both FY13 and 14, departments were able to secure additional funds from the non-departmental training pool to cover unfunded training costs. The FY15 budget includes money to continue the availability of this training pool, and as well as money to cover core training needs for all departments. 10  The County’s tuition reimbursement policy was changed to allow employees up to $1,000 annually to take a college class.  The Human Resources (HR) Department is working on changes that would clarify training leave policies, making it easier for employees to pursue training opportunities. d) Assure staff is supported and recognized for excellence in service.  In conjunction with the County Executive, HR created and implemented a new annual employee recognition program entitled “Living Our Values.” The program recognizes employees who live the County’s core values of learning, innovation, stewardship, and integrity. Staff is currently working to create a recognition program to reward and recognize cross-departmental teams of employees.  This spring, HR offered two training sessions on “Best Practices in Employee Recognition.” Later this spring, HR will present Best Practices in Team Recognition. This training will augment our current recognition program by providing practical ways in which supervisors and other staff members can support the accomplishment of organizational goals through the recognition of team contributions in our work place. I. Comparison of New Residential Dwelling Units (Table I & Chart A) II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV) III. Comparison of All Building Permits (Table V) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF Single-Family (includes modular) SFA Single-Family Attached SF/TH Single-Family Townhouse SFC Single-Family Condominium DUP Duplex MF Multi-Family MHC Mobile Home in the County (not in an existing park) AA Accessory Apartment Community Development Department 2014 1ST QUARTER CERTIFICATE OF OCCUPANCY REPORT County of Albemarle INDEX Information Services Division 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5832 - 2 - I. Comparison of Residential Dwelling Units Table I. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural 1st Quarter 91 36 166 36 57 47 92 89 32 22 95 10 104 10 38 20 2nd Quarter 132 75 52 48 52 32 111 22 69 25 108 21 260 22 3rd Quarter 104 47 57 45 168 30 76 18 52 17 215 22 81 17 4th Quarter 66 62 65 42 69 63 52 24 268 22 258 23 55 29 393 220 340 171 346 172 331 153 421 86 676 76 500 78 38 20 Chart A. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area 2014 Totals 58 0 During the first quarter of 2014, 58 certificates of occupancy were issued for 58 dwelling units. There were no certificates of occupancy issued for mobile homes in existing parks. There were no certificates of occupancy issued for the conversion of an apartment to a condominium. Quarter 20102009 2013201120072008 20142012 YEAR TO DATE TOTALS 484518 COMP PLAN AREA TOTALS 0 0 613 511 58578507752 800 Annual Comparison of New Residential Dwelling Units 0 100 200 300 400 500 600 700 800 Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area 2007 2008 2009 2010 2011 2012 2013 2014*Dwelling UnitsSF Unit Other Units*Through First Quarter Prepared by the Albemarle County Community Development Dept. Information Services Division - 3 - 1st Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS RIO 6 5 10 0 0 0 0 0 21 36% JACK JOUETT 0 0 0 0 0 0 0 1 1 2% RIVANNA 8 0 0 0 0 0 0 0 8 14% SAMUEL MILLER 4 2 2 0 0 0 1 0 9 16% SCOTTSVILLE 3 0 1 0 0 0 0 0 4 7% WHITE HALL 14 0 1 0 0 0 0 0 15 26% TOTAL 35 7 14 0 0 0 1 1 58 100% Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 2 2 5 3 0 0 0 0 0 10 17% URBAN NEIGHBORHOOD 3 3 0 0 0 0 0 0 0 3 5% URBAN NEIGHBORHOOD 4 0 0 1 0 0 0 0 0 1 2% URBAN NEIGHBORHOOD 5 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 1 1 2% 5 5 4 0 0 0 0 1 15 26% CROZET COMMUNITY 7 0 1 0 0 0 0 0 8 14% HOLLYMEAD COMMUNITY 3 0 3 0 0 0 0 0 6 10% PINEY MOUNTAIN COMMUNITY 3 0 4 0 0 0 0 0 7 12% 13 0 8 0 0 0 0 0 21 36% RIVANNA VILLAGE 2 0 0 0 0 0 0 0 2 3% 2 0 0 0 0 0 0 0 2 3% 20 5 12 0 0 0 0 1 38 66% RURAL AREA 1 3 2 2 0 0 0 0 0 7 12% RURAL AREA 2 3 0 0 0 0 0 0 0 3 5% RURAL AREA 3 6 0 0 0 0 0 0 0 6 10% RURAL AREA 4 3 0 0 0 0 0 1 0 4 7% 15 2 2 0 0 0 1 0 20 34% 35 7 14 0 0 0 1 1 58 100% TOTAL DEVELOPMENT AREA SUBTOTAL RURAL AREA SUBTOTAL COMPREHENSIVE PLAN AREA URBAN AREAS SUBTOTAL COMMUNITIES SUBTOTAL VILLAGE SUBTOTAL Prepared by the Albemarle County Community Development Dept. Information Services Division - 4 - 1st Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type % TOTAL SF SF/TH DUP MHC UNITS Agnor-Hurt 2 3 0 0 17% Baker Butler 6 7 0 0 22% Broadus Wood 3 0 0 0 5% Brownsville 9 1 0 0 17% Cale 0 1 0 0 2% Crozet 1 0 0 0 2% Greer 0 0 0 0 2% Hollymead 0 0 0 0 0% Meriwether Lewis 2 0 0 0 3% Murray 0 2 0 0 7% Red Hill 2 0 0 0 3% Scottsville 1 0 0 0 2% Stone Robinson 5 0 0 0 9% Stony Point 3 0 0 0 5% Woodbrook 0 0 0 0 0% Yancey 1 0 0 1 3% TOTAL III. COMPARISON OF ALL BUILDING PERMITS Table V. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL #NEW *NEW NON-RES.**NEW COMMERCIAL FARM BUILDING DISTRICT RESIDENTIAL & ALTER. RES.& NEW INSTITUT.& ALTER. COMM. No. No. No. No. No. RIO 21 0 1 2 24 JOUETT 1 4 0 3 8 RIVANNA 8 3 2 13 26 S. MILLER 9 7 0 1 17 SCOTTSVILLE 4 3 0 1 8 WHITE HALL 15 16 0 0 31 * Additional value of mobile homes placed in existing parks is included in the Alteration Residential category. * Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category. * Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the residential component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs. ** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and commercial uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other tables of the Building Report as permitting occurs. 0 0 0 0 0 35 7 0 0 0 0 0 0 0 0 0 Amount-$ -$ 3,939,000$ 0 SCHOOL DISTRICT SFA SFC DWELLING UNIT TYPE MF 0 0 14 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,980,772$ 0 75,000$ 915,000$ 0 TOTAL Amount-$ 0 0 Amount-$ 580 7,841,110$ 8,783,077$ 1,106,250$ 35,000$ 2,964,000$ 6,962,000$ 0 0 1 1 TOTAL UNITS 10 13 3 10 0 0 0 00 AA 0 0 0 5 0 0 0 0 .. 100% 20 1141,868,250$ 29,825,959$ 5 3 0 2 11 57,000$ Amount-$ Amount-$ 270,860$ 1,746,077$ 0 450,000$ 4,826,259$ 3 3,950,000$ 100$ 00 0 1 -$ 4 2 1 0 0 0 0 4,446,000$ 860,000$ -$ 0 0 1 0 2 -$ 3,500,000$ TOTAL 4,471,350$ -$ 3319,181,450$ 0 0 -$ 595,000$ 58 35,000$ 2,509,422$ 264,900$ 845,000$ Prepared by the Albemarle County Community Development Dept. Information Services Division I. Comparison of New Residential Dwelling Units (Table I & Chart A) II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV) III. Comparison of All Building Permits (Table V) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF Single-Family (includes modular) SFA Single-Family Attached SF/TH Single-Family Townhouse SFC Single-Family Condominium DUP Duplex MF Multi-Family MHC Mobile Home in the County (not in an existing park) AA Accessory Apartment INDEX Community Development Department 2014 FIRST QUARTER BUILDING REPORT County of Albemarle Information Services Division 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5832 - 2 - I. Comparison of Residential Dwelling Units Table I. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area 2014 Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Totals 1st Quarter 81 64 267 57 78 49 38 20 91 24 372 26 70 25 102 26 89 30 119 2nd Quarter 101 80 232 38 86 53 71 26 65 27 58 29 310 25 110 37 0 3rd Quarter 65 67 73 67 47 47 50 30 358 23 82 37 47 28 71 41 0 . 4th Quarter 68 49 57 40 28 30 91 13 29 33 62 28 50 33 55 26 0 315 260 629 202 239 179 250 89 543 107 574 120 477 111 338 130 89 30 Chart A. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area 468 2006 2007 2008 2009 2010 588 2014 During the first quarter of 2014, 119 building permits were issued for 119 dwelling units. There were two permits issued for mobile homes in existing parks, at an exchange rate of $2,500, for a total of $5,000. There were no permits issued for the conversion of an apartment to a condominium. COMP PLAN AREA TOTALS Quarter YEAR TO DATE TOTALS 339831 418 20132011 575 2012 119650 694 Nine Year Comparison of New Residential Dwelling Units Prepared by the Albemarle County Community Development Dept. Information Services Division 0 100 200 300 400 500 600 700 Dev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural Area2006 2007 2008 2009 2010 2011 2012 2013 2014*Dwelling UnitsNine Year Comparison of New Residential Dwelling Units Other Units SF Unit*Through First Quarter Prepared by the Albemarle County Community Development Dept. Information Services Division - 3 - 1st Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS RIO 8 8 13 0 0 0 0 0 29 24% JACK JOUETT 0 0 0 0 0 0 0 1 1 1% RIVANNA 16 0 22 0 0 0 1 1 40 34% SAMUEL MILLER 16 0 0 0 0 0 0 0 16 13% SCOTTSVILLE 2 0 1 0 0 0 0 0 3 3% WHITE HALL 25 0 5 0 0 0 0 0 30 25% TOTAL 67 8 41 0 0 0 1 2 119 100% Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 2 6 8 13 0 0 0 0 0 27 23% URBAN NEIGHBORHOOD 3 9 0 22 0 0 0 0 0 31 26% URBAN NEIGHBORHOOD 4 0 0 1 0 0 0 0 0 1 1% URBAN NEIGHBORHOOD 5 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 2 0 0 0 0 0 0 1 3 3% 17 8 36 0 0 0 0 1 62 52% CROZET COMMUNITY 16 0 5 0 0 0 0 0 21 18% HOLLYMEAD COMMUNITY 4 0 0 0 0 0 0 0 4 3% PINEY MOUNTAIN COMMUNITY 2 0 0 0 0 0 0 0 2 2% 22 0 5 0 0 0 0 0 27 23% RIVANNA VILLAGE 0 0 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0 0 0% 39 8 41 0 0 0 0 1 89 75% RURAL AREA 1 8 0 0 0 0 0 0 0 8 7% RURAL AREA 2 3 0 0 0 0 0 1 1 5 4% RURAL AREA 3 10 0 0 0 0 0 0 0 10 8% RURAL AREA 4 7 0 0 0 0 0 0 0 7 6% 28 0 0 0 0 0 1 1 30 25% 67 8 41 0 0 0 1 2 119 100% TOTAL DEVELOPMENT AREA SUBTOTAL RURAL AREA SUBTOTAL COMPREHENSIVE PLAN AREA URBAN AREAS SUBTOTAL COMMUNITIES SUBTOTAL VILLAGE SUBTOTAL Prepared by the Albemarle County Community Development Dept. Information Services Division - 4 - 1st Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type % TOTAL SF SF/TH DUP MHC UNITS Agnor-Hurt 4 13 0 0 21% Baker Butler 6 0 0 0 5% Broadus Wood 7 0 0 0 6% Brownsville 13 5 0 0 15% Cale 0 1 0 0 1% Crozet 3 0 0 0 3% Greer 0 0 0 0 1% Hollymead 1 0 0 0 1% Meriwether Lewis 3 0 0 0 3% Murray 8 0 0 0 7% Red Hill 2 0 0 0 2% Scottsville 1 0 0 0 1% Stone Robinson 3 22 0 1 22% Stony Point 9 0 0 0 8% Woodbrook 2 0 0 0 2% Yancey 5 0 0 0 4% TOTAL III. COMPARISON OF ALL BUILDING PERMITS Table V. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. **NEW COMMERCIAL FARM BUILDING DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. No. No. No. No. RIO 29 14 2 24 69 JOUETT 1 11 0 7 19 RIVANNA 40 24 0 9 73 S. MILLER 16 39 1 16 72 SCOTTSVILLE 3 21 1 12 37 WHITE HALL 30 37 2 11 80 * Additional value of mobile homes placed in existing parks is included in the Alteration Residential category. * Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category. * Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the residential component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs. ** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and commercial uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other tables of the Building Report as permitting occurs. TOTAL 100% 79 3506,009,950$ 47,326,373$ Amount-$ 874,587$ 1,063,246$ 1 121,150$ Amount-$ 67 8 TOTAL 33,126,777$ 6,929,246$ 6 1,260,400$ 80,000$ Amount-$ TOTAL UNITS 26 10 2 5 3 2 2,965,721$ 0 0 2 8 119 1 0 0 0 0 25 6 7 18 1 1 3 0 0 1 1 0 0 0 0 0 0 1 0 0 0 0 0 Amount-$ 917,509$ 2,886,447$ 100$ 8,754,700$ 7,386,428$ 714,747$ 0 0 -$ -$ 180,000$ 900,400$ 0 Amount-$ 0 0 0 0 0 0 0 778,000$ 10,452,549$ 119 1,248,929$ 996,614$ 146 7,883,646$ 835,997$ 12,637,930$ 10,874,571$ 3,001,516$ 12,092,713$ 563,550$ 421,696$ 165,000$ 5,755,000$ 100,000$ SCHOOL DISTRICT SFA SFC DWELLING UNIT TYPE MF AA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 41 0 0 0 Prepared by the Albemarle County Community Development Dept. Information Services Division Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels TAX MAP 54 PARCEL 26 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 700 ft Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels TAX MAP 92 PARCEL 21 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 150 ft Points of Interest AIRPORT COLLEGE/UNIVERSITY COMMUNITY FIRE/RESCUE STATION GOVERNMENT HOSPITAL LIBRARY POLICE STATION POST OFFICE RECREATION/TOURISM SCHOOL Parcel Info Parcels TAX MAP 122 PARCELS 12B, 12B1, & 12B2 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014 GIS-Web Geographic Data Services www.albemarle.org (434) 296-5832 Legend (Note: Some items on map may not appear in legend) 300 ft Draft: May 2, 2014 ORDINANCE NO. 14-2(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article II, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained by amending Section 2 -202, Compensation of Board of Supervisors, as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARD OF SUPERVISORS Sec. 2-202 Compensation of board of supervisors. The salary of the board of supervisors shall be fifteen thousand one hundred thirty-one ($15,131.00) fifteen thousand two hundred eighty-two dollars ($15,282.00) for each board member effective July 1, 2013 2014. In addition to the regular salary, the vice -chairman shall receive a stipend of thirty-five dollars ($35.00) for each and every meeting chaired and the chairman shall receive an annual stipend of one thousand eight hundred dollars ($1,800.00). (6-13-84; 5-8-85; 5-14-86; 7-1-87; 7-6-88; 6-7-89; Ord. of 6-13-90; Ord. of 8-1-90; Ord. of 8-7-91; Ord. of 7-1-92; Ord. No. 95-2(1), 6-14-95; Ord. No. 98-2(1), 6-17-98; Code 1988, § 2-2.1; Ord. 98- A(1), 8-5-98; Ord. No. 99-2(1), 5-5-99; Ord. No. 00-2(1), 6-7-00; Ord. 01-2(2), 6-6-01; Ord. 02-2(2), 5-1-02; Ord. 03-2(1), 6-4-03; Ord. 04-2(1), 6-2-04; Ord. 05-2(1), 6-1-05, Ord. 06-2(1), 6-7-06; Ord. 07-2(1), 6-6-07; Ord. 08-2(2), 6-4-08; Ord. 11-2(1), 5-4-11; Ord. 12-2(1), 5-2-12; Ord. 13-2(1), 5-1- 13) State law reference--Compensation of board of supervisors, Va. Code § 15.2-1414.3. This ordinance shall be effective on and after July 1, 2014. 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 _________________________. Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to amend Chapter 4, Animals and Fowl, of the County Code SUBJECT/PROPOSAL/REQUEST: A public hearing to consider an ordinance to amend County Code Chapter 4, Animals and Fowl, to remove, amend and add certain definitions and terms; increase the compensation for livestock killed or injured by dogs, and provide that law enforcement and ACOs can seize a dog found in the act of killing or injuring livestock or poultry. STAFF CONTACT(S): Foley, W alker, Davis, Tevendale, Sellers and Reeves PRESENTER (S): Sean Reeves LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The 2014 General Assembly amended and re-enacted Virginia Code §§ 3.2-6500, 3.2-6503, 3.2-6504, 3.2-6522, and 3.2- 6523, effective July 1, 2014. These changes require an update to Chapter 4, Animals and Fowl, of the Albemarle County Code to ensure conformance with State law. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the Community. DISCUSSION: The attached draft ordinance (Attachment A) amends Chapter 4, Animals and Fowl, of the County Code by amending eleven sections as set forth below. The proposed changes encompass both housekeeping and substantive changes. The term “animal shelter” and “pound” have been deleted in the Virginia Code. In its place, definitions are created for “public animal shelter” and “private animal shelter.” The housekeeping changes remove, amend and add certain definitions and terms. The substantive changes are mandated by the changes in State law and increase the compensation for livestock killed or injured by dogs from a maximum of $400 per animal to a maximum of $750 per animal and provides that law enforcement and animal control officers can seize a dog found in the act of killing or injuring livestock or poultry. Amends Section 4-100 Definitions  Deletes “animal shelter” and “pound,” adds “public animal shelter” and “private animal shelter” to mirror changes in the Virginia Code  Amends the definition of “service dog,” “foster care provider,” and “releasing agency” to mirror changes in the Virginia Code  Amends “boarding establishment” to remove “pound” and add “public or private animal shelters”  Renumbers definitions to provide for deletion and addition of terms Amends Section 4-105 Care of companion animals; penalty  Changes “pound” to “public or private animal shelter” Amends Section 4-106 Noise from animals; penalty  Changes “pound” to public or private animal shelter” Amends Section 4-107 Abandonment of animal; penalty  Changes “pound” to “public or private animal shelter” AGENDA TITLE: Ordinance to amend Chapter 4, Animals and Fowl, of the County Code June 4, 2014 Page 2 Amends Section 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally  Provides that law enforcement and animal control officers can seize a dog found in the act of killing or injuring livestock or poultry Amends Section 4-202 Compensation for livestock and poultry killed by dogs  Increases compensation for livestock killed by dogs to a maximum of $750 per animal Amends Section 4-209 Amount of license tax  Adds the term “otherwise disabled” to the category of owners whose service dogs are exempt from license tax Amends Section 4-302 Dogs killing, injuring or chasing livestock or poultry—Impoundment and disposition  Provides that the alleged killer dog may be seized by the animal control officer Amends Section 4-303 Disposition of unlicensed dogs; running at large  Adds “public or private animal shelter” Amends Section 4-401 Rabid animals  Adds “public or private animal shelter” Amends Section 4-403 Inoculation for rabies at animal shelters  Adds “public or private animal shelter” BUDGET IMPACT: Staff anticipates limited additional enforcement by animal control officers under the proposed ordinance. In addition, the County Finance records show that livestock kill claims are infrequent. It is difficult to forecast whether more people will make a claim with the increase in the compensation amount from a maximum of $400.00 per animal to a maximum of $750.00 per animal. However, staff anticipates that there should be a minimal budget impact. RECOMMENDATIONS: Staff recommends that after the public hearing the Board adopt the attached ordinance (Attachment A). ATTACHMENTS: A-Proposed Ordinance Return to agenda Draft: 5/9/14 1 ORDINANCE NO. 14-4( ) AN ORDINANCE TO AMEND CHAPTER 4, ANIMALS AND FOWL, ARTICLE 1, IN GENERAL, ARTICLE II, DOGS, DIVISION 1, IN GENERAL, DIVISION 2, LICENSES, ARTICLE III, IMPOUDNMENT, AND ARTICLE IV, RABIES CONTROL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, Article I, In General, Article II, Dogs, Division I, In General, Division 2, Licenses, Article III, Impoundment, and Article IV, Rabies control, is hereby amended and reordained as follows: By Amending: Sec. 4-100 Definitions Sec. 4-105 Care of companion animals; penalty Sec. 4-106 Noise from animals; penalty Sec. 4-107 Abandonment of animal; penalty Sec. 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally Sec. 4-202 Compensation for livestock and poultry killed by dogs Sec. 4-209 Amount of license tax Sec. 4-302 Dogs killing, injuring or chasing livestock or poultry—Impoundment and disposition Sec. 4-303 Disposition of unlicensed dogs; running at large Sec. 4-401 Rabid animals Sec. 4-403 Inoculation for rabies at animal shelters CHAPTER 4. ANIMALS AND FOWL ARTICLE I. IN GENERAL 4-100 Definitions The following words as used in this chapter shall have the following meanings: (1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care as set forth in Virginia Code § 3.2-6503 for a period of five (5) consecutive days. (2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. (3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. (4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, si ze and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Draft: 5/9/14 2 (5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floormat, or similar device that is large eno ugh for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals' feet to pas s through the openings, (ii) sag under the animals' weight, or (iii) otherwise do not protect the animals' feet or toes from injury are not adequate shelter. In addition, the following are also deemed to be inadequate shelters: (i) metal or plastic barrels, (ii) airline crates or carrying crates, (iii) dog houses with no floors. (6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least five times the length of the animal, as measured from the tip of its nose to the base of its tail, and terminates at both ends with a swivel, and weights no more than 1/8 of the animal’s weight, and if multiple animals, each animal shall be on its own tether, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. When an animal is on a pulley or running line, “adequate space” means a pulley or running line that permits the above actions and is appropriate to the age and size of the anima l; is attached to the animal by a properly applied collar and is at least fifteen feet in length and less than seven feet above the ground and configured so as to protect the animal from injury, and prevent the line from becoming entangled with other objects or animals or resulting in strangulation or injury of the animal, and if multiple animals, each animal shall be on its own tether. (7) Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve (12) hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescri bed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. (8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat, or any other companion animal, from a releasing agency to an individual. (9) Agricultural animals. The term "agricultural animals" means all livestock and poultry. (10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the animal. (11) Animal. The term "animal" means any nonhuman vertebrate species except fish. For the purposes of Article IV, Rabies Control, animal shall mean any species susceptible to rabies. For the purposes of section 4-109, animal shall mean any nonhuman vertebrate species including fish captured and killed or disposed of in a reasonable customary manner. Draft: 5/9/14 3 (12) Animal control officer. The term "animal control officer" means any person employed, contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and impoundment of companion animals and includes any state or county police officer, animal control officer, sheriff or other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of any dog or other animal. (13) Animal shelter. The term "animal shelter" means a facility, other than a private residential dwelling and its surrounding grounds, which is used to house or contain animals and which is owned, operated, or maintained by a non-governmental entity, duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. (1413) Boarding establishment. The term "boarding establishment" means a place or establishment other than a pound or public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. (1514) Clearly visible sign. The term “clearly visible sign” means a sign that is (i) unobstructed from view, (ii) contains legible writing, and (iii) may be read by any person without assistance while standing ten feet away from the sign. (1615) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. (1716) Commercial dog breeder. The term “commercial dog breeder” means any person who, during any twelve (12) month period, maintains thirty (30) or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. (1817) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. (1918) Emergency veterinary treatment. The term “emergency veterinary treatment” means veterinary treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression. (19) Enclosure. The term "enclosure" means a structure used to house or restrict animals from running at large. (2120) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. (2221) Foster care provider. The term “foster care provider” means an individual person who provides care or rehabilitation for companion animals through an affiliation with a pound public or private animal shelter, or other home-based rescue, releasing agency, or other animal welfare organization. (2322) Hearing dog. The term “hearing dog” means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. Draft: 5/9/14 4 (2423) Injury to a person. The term “injury to a person” means any superficial cut, scratch, scrape, or minor tear to the skin, or any bruise to bone or skin area resulting from an unfriendly encounter. An injury shall be presumed to have occurred when a dog knocks a person to the ground or tears that person's clothing or any possession on his or her person. (2524) Kennel. The term “kennel” means any establishment in which five (5) or more canines, felines, or hybrids of either are kept for the purposes of breeding, hunting, training, renting, buying, boarding, selling, or showing. (2625) Leash. The term “leash” means any rope, strap, chain, or other material not exceeding four (4) feet in length, being held in the hand of a person capable of controlling the dog to which it is attached. (2726) Livestock. The term "livestock" includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code § 3.2 -2600; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. (2827) Owner. The term "owner" means any person who: (i) has a right of property in an animal, (ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal. (2928) Person. The term "person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (3029) Poultry. The term “poultry" includes all domestic fowl and game birds raised in captivity. (31) Pound. The term "pound" means a facility operated by the Commonwealth, or county for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals. (3230) Primary enclosure. The term "primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. (31) Private animal shelter. The term “private animal shelter” means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a human society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. (3332) Properly cleaned. The term “properly cleaned” means that carcass, debris, food waste and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the strea m of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. (33) Public animal shelter. The term “public animal shelter” means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. Draft: 5/9/14 5 (34) Releasing agency. The term “releasing agency” means a pound, (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home -based rescue that releases companion animals for adoption. (35) Serious injury to a person. The term “serious injury to a person” means any bodily injury for which medical attention was sought and obtained, having a reasonable potential to cause death, or any injury other than a strain or sprain which involves a serious laceration requiring stitches to more than one puncture wound, serious disfigurement, serious impairment of health, or serious impairment of bodily function, or which is serious in the opinion of a licensed physician. (36) Service dog. The term “service dog” means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support. do work or perform tasks for the benefit of a mobility-impaired or otherwise disabled person. The work or tasks performed by a service dog shall be directly related to the individual’s disability or disorder. Examples of work or tasks include providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items, carrying items, providing physical support and assistance with balance and stability, and preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, we ll- being, comfort, or companionship shall not constitute work or tasks for the purpose of this definition. (37) Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. (38) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the responsible handling or transportation of animals in the person's ownership, custody or charge , appropriate for the age, species, condition, size and type of the animal. When any such animal is being transported in an open-bed truck or similar vehicle, such carrier shall be secured to the vehicle so as to be immovable, and shall permit normal postural movements of the animal. The following shall not be deemed “adequate treatment”: (i) tethering of a dog six months old or younger; (ii) the tying up or tethering of a female dog in heat; (iii) transporting an animal in the back of an open -bed truck or similar vehicle in an unsecured carrier and/or tethered to a collar. (39) Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of a duly licensed veterinarian. (Code 1967, § 4-4; 4-13-88; Code 1988, § 4-4; Ord. 98-A(1), 8-5-98; Ord. 09-4(1), 7-8-09; Ord. 11-4(1), 2-2-11; Ord. 13-4(1), 7-3-13) State law reference—Va. Code §§ 3.2-6500, 6528. 4-105 Care of companion animals; penalty A. Each owner shall provide the following for his companion animal: 1. Adequate feed; 2. Adequate water; 3. Adequate shelter that is properly cleaned; 4. Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight; 5. Adequate exercise; 6. Adequate care, treatment, and transportation; and 7. Veterinary care when needed or to prevent suffering or disease transmission. Draft: 5/9/14 6 The provisions of this section shall also apply to every pound, public or private animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized. B. Violation of this section is a Class 4 misdemeanor. A second or subsequent violation of subdivision A1, A2, A3, or A7 is a Class 2 misdemeanor and a second or subsequent violation of subdivision A4, A5, or A6 is a Class 3 misdemeanor. (Ord. 09-4(1), 7-8-09; Ord. 10-4(1), 9-1-10) State law reference—Va. Code § 3.2-6503. 4-106 Noise from animals; penalty. A. Noise from animals. It shall be unlawful and shall be a nuisance for an owner or custodian of an animal to harbor or keep any animal within the county which frequently or for a continued duration howls, barks or makes other excessive, continuous or untimely sounds which are audible on the property of a complainant in the county; provided however, this section shall not apply to any animal located on property zoned Rural Areas District of five (5) acres or more, to any an imal in a pound or an public or private animal shelter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by livestock or poultry. For the purposes of this section, “excessive, continuous or untimely sounds” shall mean any howling, barking or other animal noise which continues for thirty (30) consecutive minutes or more with no cessation of such sounds for time periods greater than five (5) minutes during the thirty (30) consecutive minutes. B. Complaints of animal noise. Notwithstanding section 4-101 of this Code, no person shall be charged with a violation of this section unless the complainant appears before a magistrate and requests a summons to be issued. However, when a violation is committed in the presence of an animal control officer or police officer, he shall have the authority to initiate all necessary proceedings. C. Penalty for violation. A violation of this section shall be punishable as a class 3 misdemeanor, and any owner or custodian of an animal found guilty under this section shall be required to abate the disturbance. Upon a third conviction within twelve (12) months of any offense under this section involving the same animal, in addition to imposing a fine, the court shall order the animal to be removed from any area of the county covered by this section. If the owner or custodian of the animal fails to comply with such order within two (2) weeks, the animal control officer shall seize the animal and offer the animal to an a public or private animal shelter for adoption in a home outside of the area of the county covered by this section. (Ord. 08-4(1), 6-11-08, § 4-601, § 4-602, §4-603; Ord. 09-4(1), 7-8-09) 4-107 Abandonment of animal; penalty. No person shall abandon or dump any animal. Violation of this section shall be punishable as a class 3 misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound, public or private animal shelter, or other releasing agency. (Ord. 09-4(1), 7-8-09) State law reference—Va. Code § 3.2-6504. Draft: 5/9/14 7 ARTICLE II. DOGS DIVISION 1. IN GENERAL Sec. 4-201 Dogs killing, injuring or chasing livestock or poultry--Generally. A. It shall be the duty of any animal control officer who may find a dog in the act of killing or injuring livestock or poultry to seize or kill such dog forthwith, whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog. (Code 1967, § 4-9; 4-13-88; Code 1988, § 4-9; Ord. 98-A(1), 8-5-98, § 4-203; Ord. 09-4(1), 7-8-09) State law reference--Va. Code § 3.2-6552. Sec. 4-202 Compensation for livestock and poultry killed by dogs. Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed four hundred dollars seven hundred and fifty dollars ($400.00) ($750)per animal or ten dollars ($10.00) per fowl if: (i) the claimant has furnished evidence within sixty (60) days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the animal control officer or other officer shall have been notified of the incident within seventy-two (72) hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied. Ord. 09-4(1), 7-8-09) State law reference—Va. Code § 3.2-6553. DIVISION 2. LICENSES 4-209 Amount of license tax. A. Dog license taxes shall be as follows: 1. Spayed Female/Neutered Male. One year tag: Five dollars ($5.00) Two year tag: Ten dollars ($10.00) Three year tag: Fifteen dollars ($15.00) 2. Unspayed Female/Unneutered Male. One year tag: Ten dollars ($10.00) Two year tag: Twenty dollars ($20.00) Three year tag: Thirty dollars ($30.00) 3. Kennel license. Fifty dollars ($50.00) per block of ten dogs Draft: 5/9/14 8 B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing impaired person , or any dog that is trained and serves as a service dog for a mobility-impaired or otherwise disabled person. (Code 1967, § 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, § 4-23; Ord. 98-A(1), 8-5-98, § 4-303; Ord. 08-4(2), 9-3-08, § 4-304; Ord. 09-4(1), 7-8-09) State law reference-- Va. Code § 3.2-6528. ARTICLE III. IMPOUNDMENT 4-302 Dogs killing, injuring or chasing livestock or poultry--Impoundment and disposition. In the event any animal control officer or other person has reason to believe that any dog is killing livestock or committing any of the depredations mentioned in section 4-201, and a warrant or summons is issued by a magistrate of the county, as set out in section 4-201, the alleged killer dog may be seized or impounded by the animal control officer until such time as the owner or custodian thereof shall provide evidence of the adequate provisions to be made to protect livestock or poultry from such dog, which provisions may include, but not be limited to, securing of such dog on the premise s of the owner or custodian, with defined limitations of access. Any dog released under such conditions shall be kept under such securing provisions, and any person failing to keep such dog so secured shall be deemed in violation of this section. The owner or custodian redeeming such dog from impoundment as provided above shall also furnish the license(s) and pay the fee(s) as provided by sections 4-205 and 4-208, respectively. If the court finds such dog is not a livestock killer or has not committed any of the depredations mentioned in section 4-201, any dog not re-deemed within ten (10) days of disposition of the original charge by the court shall be dealt with by the animal control officer in the same manner as provided for the disposition of unlicensed dogs in section 4-303. (5-2-79; 4-13-88; Code 1988, § 4-9.1; Ord. 98-A(1), 8-5-98, § 4-204; Ord. 09-4(1), 7-8-09) 4-303 Disposition of unlicensed dogs; running at large. A. The animal control officer shall have the authority to capture, euthanize or turn over to an a public or private animal shelter any dog of unknown ownership found running at large on which the license tax has not been paid. B. Any dog captured and confined pursuant to this section, shall be kept for a period of not less than five (5) days, such period to commence on the day immediately following the day the animal is initially confined in an a public or private animal shelter or facility, unless sooner claimed by the rightful owner thereof. The animal control officer and/or the operator of the public or private animal shelter shall make a reasonable effort to ascertain whether the dog has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the dog, the dog shall be held fo r an additional five (5) days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the animal control officer and/or the public or private animal shelter shall make a reasonable effort to notify the owner of the dog’s confinement within the next forty-eight (48) hours following its confinement. If any dog confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. If the dog confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as set-forth above, it shall be deemed abandoned and become the property of the county or the public or private animal shelter. Draft: 5/9/14 9 Following the appropriate holding period set forth above, the animal control officer or other officer may deliver such dog to any person in the county who will pay the required license fee on such dog, with the understanding that should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the animal control officer the amount of the license fee paid by him and a reasonable charge for the keep of the dog while in his possession. Any person, animal control officer or other officer euthanizing a dog under this chapter shall cremate, bury or sanitarily dispose of the same. Prior to disposition by euthanasia or otherwise, all the provisions of Virginia Code § 3.2-6563 shall have been complied with. C. All drugs and drug administering equipment used by animal control officers or other officers to capture dogs pursuant to this section shall have been approved by the state veterinarian. (Code 1967, § 4-10; 8-11-76; 4-13-88; Code 1988, § 4-10; Ord. 98-A(1), 8-5-98, § 4-205; Ord. 09-4(1), 7-8-09) State law reference - Va. Code §§ 3.2-6546 (c); 3.2-6562. ARTICLE IV. RABIES CONTROL 4-401 Rabid animals. Any dogs or cats showing active signs of rabies or suspected of having rabies that is not known to have exposed a person, companion animal, or livestock to rabies shall be confined under competent observation for such a time as may be necessary to determine a diagnosis. If, in the discretion of the director of the Charlottesville/Albemarle Health Department, confinement is impossible or impracticable, such dog or cat shall be euthanized by one of the methods approved by the state veterinarian as provided in Virginia Code § 3.2-6546. The disposition of other animals showing active signs of rabies shall be determined by the director of the Charlottesville/Albemarle Health Department and may include euthanasia and testing. Every person having knowledge of the existence of an animal that is suspected to be rabid and that may have exposed a person, companion animal, or livestock to rabies shall report immediately to the Charlottesville/Albemarle Health Department the existence of such animal, the place where seen, the owner’s name, if known, and the signs suggesting rabies. Any dog or cat, for which no proof of current rabies vaccination is available, and that may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, shall be isolated in a pound public or private animal shelter, kennel or enclosure approved by the Charlottesville/Albemarle Health Department for a period not to exceed six (6) months at the expense of the owner or custodian in a manner and by a date certain as determined by the director of the Charlottesville/Albemarle Health Department. A rabies vaccination shall be administered by a licensed veterinarian prior to release. Inactivated rabies vaccine may be administered at the beginning of isolation. Any dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of current vaccination, shall be revaccinated by a licensed veterinarian immediately following the exposure and shall be confined to the premises of the owner or custodian, or other site as may be approved by the Charlottesville/Albemarle Health Department, at the expense of the owner or custodian, for a period of forty-five (45) days. If the director of the Charlottesville/Albemarle Health Department determines that isolation is not feasible or maintained, such dog or shall be euthanized by one of the methods approved by the State Veterinarian as provided in Virginia Code § 3.2-6546. The disposition of such dogs or cats not so confined shall be at the discretion of the director of the Charlottesville/Albemarle Health Department. At the discretion of the director of the Charlottesville/Albemarle Health Department, any animal that may have exposed a person shall be confined under competent observation for ten (10) days at the Draft: 5/9/14 10 expense of the owner or custodian, unless the animal develops active signs of rabies, expires, or is euthanized before that time. A seriously injured or sick animal may be euthanized as provided in Virginia Code § 3.2-6546. When any suspected rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, decisions regarding the disposition of that animal shall be at the discretion of the director of the Charlottesville/Albemarle Health Department and may include euthanasia as provided in Virginia Code § 3.2-6546, or as directed by the state agency with jurisdiction over that species. When any animal, other than a dog or cat, is exposed or may have been exposed to rabies through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an animal suspected to be rabid, decisions regarding the disposition of that newly exposed animal shall be at the discretion of the director of the Charlottesville/Albemarle Health Department. When any animal may have exposed a person to rabies and subsequently expires due to illness or euthanasia, either within an observation period, where applicable, or as part of a public health investigation, its head or brain shall be sent to the Division of Consolidated Laboratory Services of the Department of General Services or be tested as directed by the Charlottesville/Albemarle Health Department. Any person who fails to comply with the provisions of this section shall be guilty of a class 1 misdemeanor. (Code 1967, § 4-37; Code 1988, § 4-40; Ord. 98-A(1), 8-5-98, § 4-502; Code 1967, § 4-38; Code 1988, § 4-41; Ord. 98-A(1), 8-5-98, § 4-503; Ord. 09-4(1), 7-8-09; Ord. 10-4(1), 9-1-10) State law reference—Va. Code § 3.2-6522. 4-403 Inoculation for rabies at animal shelters. Dogs and cats being adopted from an a public or private animal shelter during the period an emergency ordinance is in force, as provided in section 4-401 may be inoculated for rabies by a certified animal technician at such shelter if the certified animal technician is under the immediate and direct supervision of a licensed veterinarian. (Ord. 09-4(1), 7-8-09) State law reference—Va. Code §3.2-6523. This ordinance shall be effective on and after July 1, 2014. 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to amend Chapter 15, Taxation, of the County Code SUBJECT/PROPOSAL/REQUEST: A public hearing to consider an ordinance to amend County Code Chapter 15, Taxation, Article XVI, Property exempt from Taxation STAFF CONTACT(S): Foley, Letteri, Davis, Herrick, and Willingham PRESENTER (S): Bob Willingham LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: AT TACHMENTS: Yes REVIEWED BY: BACKGROUND: The 2014 General Assembly amended Virginia Code § 58.1-3606 to clarify the meaning of “real property exclusively used for religious worship” for purposes of tax exemptions. The amendment also expanded the description of the “real property” under exemption. Following an amendment to the Virginia Constitution in 2003 that shifted tax exemption authority to localities, the County adopted its own tax exemption ordinance (County Code § 15-1601 and § 15-1602). Where possible, the County ordinance has attempted to track the equivalent provisions in the Virginia Code. The proposed ordinance is intended to harmonize the County Code with a recent amendment to the Virginia Code. STRATEGIC PLAN: Goal 3. Encourage a diverse and vibrant local economy. DISCUSSION: Staff has prepared a draft ordinance (Attachment A) to amend County Code § 15-1601, Property exempt from taxation by classification. The proposed ordinance would:  exempt property used for outdoor worship activities;  exempt property used for ancillary and accessory purposes as allowed under Chapter 18 of the County Code (the County zoning ordinance), the dominant purpose of which is to support or augment the principal religious worship use; and  exempt property used by religious bodies as required by federal, state or local law. BUDGET IMPACT: Staff anticipates limited additional tax exemptions of properties exclusively used for religious worship, and therefore, anticipates a minimal budget impact. RECOMMENDATIONS: Staff recommends that after the public hearing, the Board adopt the attached ordinance (Attachment A). ATTACHMENTS: A – Proposed Ordinance Return to agenda Draft: 5/9/14 1 ORDINANCE NO. 14-15( ) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE XVI, PROPERTY EXEMPT FROM TAXATION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article XVI, Property Exempt From Taxation, is hereby amended and reordained as follows: By Amending: Sec. 15-1601 Property exempt from taxation by classification CHAPTER 15. TAXATION ARTICLE XVI. PROPERTY EXEMPT FROM TAXATION A. Pursuant to the authority granted in Article X, Section 6 (a) (6) of the Constitution of Virginia to exempt property from taxation by classification, the following classes of real and personal property shall be exempt from taxation: 1. Property owned directly or indirectly by the Commonwealth, or any political subdivision thereof. 2. Buildings with land they actually occupy, Real property and the personal property owned by churches or religious bodies, including (i) an incorporated church or religious body and (ii) a corporation mentioned in Virginia Code § 57-16.1, furniture and furnishings therein owned by churches or religious bodies and exclusively occupied or used for religious worship or for the residence of the minister of any church or religious body, and such additional adjacent land reasonably necessary for the convenient use of any such building property. Real property exclusively used for religious worship shall also include the following: (a) property used for outdoor worship activities; (b) property used for ancillary and accessory purposes as allowed under Chapter 18 herein, the dominant purpose of which is to support or augment the principal religious worship use; and (c) property used as required by federal, state, or local law. 3. Nonprofit private or public burying grounds or cemeteries. 4. Property owned by public libraries, law libraries of local bar associations when the same are used or available for use by a state court or courts or the judge or judges thereof, medical libraries of local medical associations when the same are used or available for use by state health officials, incorporated colleges or other institutions of learning not conducted for profit. This paragraph shall apply only to property primarily used for literary, scientific or educational purposes or purposes incidental thereto and shall not apply to industrial schools which sell their products to other than their own employees or students. 5. Property belonging to and actually and exclusively occupied and used by the Young Men's Christian Associations and similar religious associations, including religious mission boards and associations, orphan or other asylums, reformatories and nunneries, conducted not for profit but exclusively as charities. 6. Parks or playgrounds held by trustees for the perpetual use of the general public. 7. Buildings with the land they actually occupy, and the furniture and furnishings therein belonging to any benevolent or charitable organization and used by it exclusively for lodge Draft: 5/9/14 2 purposes or meeting rooms, together with such additional adjacent land as may be necessary for the convenient use of the buildings for such purposes. 8. Property of any nonprofit corporation organized to establish and maintain a museum. 9. Property owned by hospitals conducted not for profit but exclusively as charities (which shall include hospitals operated by nonstock corporations not organized or conducted for profit but which may charge persons able to pay in whole or in part for their care and treatment ), provided such property is either occupied or used (i) as a general licensed inpatient hospital or (ii) as a licensed outpatient hospital immediately adjacent to a general licensed inpatient hospital that has qualified for tax exemption pursuant to this section. Any portion of the property owned by such hospital that is either leased to a third-party or not used for hospital purposes shall not be exempt from taxation under this subsection. B. The real and personal property of an organization classified in Virginia Code §§ 58.1- 3610 through 58.1-3622 and used by such organization for a religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purpose as set forth in Article X, Section 6 (a) (6) of the Constitution of Virginia, the particular purpose for which such organization is classified being specifically set forth within each section, shall be exempt from taxation, so long as such organization is operated not for profit and the property so exempt is used in accordance with the purpose for which the organization is classified. C. Property which was exempt from taxation on December 31, 2002, shall continue to be exempt from taxation under the rules of statutory construction applicable to exempt property at the time such property became entitled to exemption. D. Exemptions of property from taxation granted under this section on or after January 1, 2003 shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. (Ord. 04-15(1), 9-1-04, effective retroactive to January 1, 2003; Ord. 06-15(2), adopted 11-1-06, effective 1-1-07) State law reference—Va. Code § 58.1-3606. This ordinance shall be effective on and after July 1, 2014. 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 ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 15 Resolution of Appropriations and Discussion of State Budget SUBJECT/PROPOSAL/REQUEST: Approval of the Resolution of Appropriations for the Albemarle County Operating and Capital Budgets for FY 15 STAFF CONTACT(S): Foley, Letteri, Davis, and Allshouse, L. PRESENTER (S): Lori Allshouse LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The County’s FY 15 Operating and Capital Budgets were adopted by the Board on May 7, 2014, together totaling $351,989,970. The attached Annual Resolution of Appropriations for the fiscal year ending on June 30, 2015 provides the authority from the Board to spend those funds, effective July 1, 2014. DISCUSSION: This comprehensive resolution appropriates the total County budget, including both general government and school operating and capital funds, School Self-Sustaining and Other General Government Fund appropriations in a single resolution. RECOMMENDATIONS: Staff recommends approval of the Annual Resolution of Appropriations for FY 15 (Attachment A) that allocates a total of $351,989,970 to various General Government and School Division operating, capital improvement, and debt service accounts for expenditure in FY 15. This appropriation totals $351,989,970 and is made up of the following major funds: General Fund $241,479,450 School Fund 160,437,310 School Self-Sustaining Funds 16,052,319 Other General Government Funds 21,192,976 Capital Projects 40,073,189 Debt Service 18,770,378 SUBTOTAL $498,005,622 Less Inter-fund Transfers ($146,015,652) TOTAL (new appropriations) $351,989,970 In accordance with the funding plan presented in the Capital Budget, staff also recommends approval of the attached Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing (Attachment B). This would allow the County to use up to $29,630,686 in bond proceeds to reimburse capital program expenditures. ATTACHMENTS: A: Annual Resolution of Appropriations B: Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing Return to agenda BE IT RESOLVED by the Albemarle County Board of Supervisors: Paragraph One: GENERAL MANAGEMENT AND SUPPORT Board of Supervisors $645,873 County Executive $1,143,506 Human Resources $638,297 County Attorney $1,032,166 Finance Department $4,970,735 Management and Budget $351,043 Information Technology $2,770,869 Voter Registration/ Elections $577,014 $12,129,503 Paragraph Two: JUDICIAL Circuit Court $100,664 General District Court $40,501 Magistrate $4,550 Juvenile Court $117,359 Public Defender's Office Contingency $74,049 Clerk of the Circuit Court $835,915 Sheriff's Office $2,256,532 Commonwealth's Attorney $1,061,028 $4,490,598 Paragraph Three: PUBLIC SAFETY Police Department $16,063,943 Fire/Rescue Department $10,070,966 Volunteer Fire/Rescue $2,193,187 Thomas Jefferson EMS $19,257 Fire/Rescue Tax Credit $70,000 City Fire Contract $186,715 Inspections and Building Codes $1,303,995 Forest Fire Extinction $23,929 Emergency Communications Center $2,167,176 Albemarle Charlottesville Regional Jail $3,216,696 Community Attention Home $60,149 Juvenile Detention Center $840,216 Foothills Child Advocacy Center $30,385 Offender Aid and Restoration $157,042 SPCA Shelter Contribution $549,446 Virginia Juvenile Community Crime Control $52,231 $37,005,333 Paragraph Four: GENERAL SERVICES / PUBLIC WORKS Facilities Development Department $198,465 General Services $3,838,874 Rivanna Solid Waste Authority $450,000 $4,487,339 ANNUAL RESOLUTION OF APPROPRIATIONS OF THE COUNTY OF ALBEMARLE FOR THE FISCAL YEAR ENDING JUNE 30, 2015 A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2015; to prescribe the provisions with respect to the items of appropriation and their payment; and to repeal all previous appropriation ordinances or resolutions that are inconsistent with this resolution to the extent of such inconsistency. SECTION I - GENERAL GOVERNMENT (Fund 1000) That the following sums of money be and the same hereby are appropriated from the GENERAL FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2015: Page 1 Paragraph Five: HUMAN SERVICES Department of Social Services $11,579,069 Bright Stars Transfer $799,787 Comprehensive Services Act Transfer $2,730,527 Tax Relief for Elderly/Disabled $965,000 Health Department $640,217 Region Ten $704,083 Agency Budget Review Team (ABRT)$14,207 AIDS/HIV Services Group $3,600 Boys & Girls Club $20,000 Charlottesville Free Clinic $116,390 Children, Youth & Family Services $74,490 Computers 4 Kids $13,379 Jefferson Area Board for Aging (JABA)$307,678 Jefferson Area CHIP $301,500 Jefferson Area United Transit Network $1,151,711 Legal Aid Justice Center $38,700 Madison House $9,900 Piedmont CASA $9,270 Piedmont Workforce Network $13,805 Sexual Assault Resource Agency (SARA)$20,000 Shelter for Help in Emergency (SHE)$85,514 Thomas Jefferson Area Coalition for the Homeless (TJACH)$15,500 United Way $117,100 $19,731,427 Paragraph Six: EDUCATION Piedmont Virginia Community College $24,024 Paragraph Seven: PARKS, RECREATION AND CULTURE Department of Parks & Recreation $2,527,114 Jefferson-Madison Regional Library - Regional $918,409 Jefferson-Madison Regional Library - Charlottesville-Albemarle $2,152,219 Jefferson-Madison Regional Library - Crozet Library $383,173 Jefferson-Madison Regional Library - Scottsville Library $153,895 Jefferson-Madison Regional Library - Extension Services $217,193 African American Festival $2,700 Ashlawn Highland Festival $3,800 Literacy Volunteers $25,287 Municipal Band $5,000 Piedmont Council of the Arts $10,000 Virginia Festival of the Book $10,000 Virginia Film Festival $10,000 Visitor's Bureau $725,098 $7,143,888 Paragraph Eight: COMMUNITY DEVELOPMENT Department of Community Development $4,273,714 Housing Office $478,536 VPI Extension Service $183,346 Soil & Water Conservation $103,910 Office of Economic Development $262,089 Albemarle Housing Improvement Program (AHIP)$400,000 Charlottesville Area Transit $868,988 Central Virginia Small Business Development Center (CVSBDC)$10,000 Monticello Area Community Action Agency (MACAA)$63,200 MACAA CARES Program Contingency $18,650 Piedmont Housing Alliance $34,500 Planning District Commission $124,024 Streamwatch $10,380 $6,831,337 Page 2 Paragraph Nine: REVENUE SHARING AGREEMENT Revenue Sharing Agreement $16,466,981 Paragraph Ten: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS: Refunds and Abatements $163,500 Paragraph Eleven: OTHER USES OF FUNDS Transfer to School Fund - Recurring $109,807,126 Transfer to School Division Debt Service $12,553,845 Transfer to School Division Capital Projects $1,680,497 Transfer to General Government Debt Service $5,954,373 Transfer to Water Resources Fund $1,093,594 Disability Reserve $50,000 Economic Development Fund $250,000 Grants Leveraging Fund $100,000 Innovation Fund $50,000 Fellowship Fund $150,000 Fuel Contingency $105,750 Training Pool $50,000 Reserve for Contingencies $414,371 Salary Reserve - Reclassifications $120,000 VERIP Program $625,964 $1,866,085 Total GENERAL FUND appropriations for the fiscal year ending June 30, 2015:$241,479,450 To be provided as follows: Revenue from Local Sources $209,748,429 Revenue from the Commonwealth $23,300,611 Revenue from the Federal Government $4,747,448 Transfers In from Other Funds $2,485,553 Use of Fund Balance $1,197,409 Total GENERAL FUND resources available for fiscal year ending June 30, 2015:$241,479,450 Paragraph One: REGULAR SCHOOL FUND Instruction $122,370,231 Administration, Attendance, and Health $7,060,728 Pupil Transportation $9,638,750 Operation and Maintenance $15,194,598 School Food Services and Other Non-Instructional Services $0 Facilities $160,000 Debt Service and Fund Transfers $3,312,843 Technology $2,700,160 Contingency/Reserve $0 Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2015:$160,437,310 That the following sums of money be and the same hereby are appropriated for SCHOOL purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: SECTION II: REGULAR SCHOOL FUND (Fund 2000) Page 3 To be provided as follows: Revenue from Local Sources (General Fund Transfer)109,807,126$ Revenue from Other Local Sources $2,110,107 Revenue from the Commonwealth $44,429,342 Revenue from the Federal Government $3,004,498 Transfers $875,000 Use of Fund Balance $211,237 Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2015:$160,437,310 Paragraph One: OTHER SCHOOL FUNDS Instruction $6,856,143 Administration, Attendance, and Health $0 Pupil Transportation $918,437 Operation and Maintenance $216,650 School Food Services and Other Non-Instructional Services $7,186,089 Facilities $0 Debt Service and Fund Transfers $875,000 Technology $0 Contingency/Reserve $0 Total OTHER SCHOOL FUND appropriations for fiscal year ending June 30, 2015:$16,052,319 To be provided as follows: Revenue from Local Sources $8,477,053 Revenue from the Commonwealth $489,431 Revenue from the Federal Government $4,973,705 Transfers $1,800,053 Use of Fund Balance $312,077 Total OTHER SCHOOL FUND resources available for fiscal year ending June 30, 2015:$16,052,319 Paragraph One: OTHER GENERAL GOVERNMENT FUNDS Commonwealth Attorney Commission Fund (Fund 8150)$60,000 Victim-Witness Program (Fund 1225)$121,604 Police Department State Asset Forfeiture Fund (Fund 1236)$971,167 FEMA-Safer Grant (Fund 1595)$507,079 Criminal Justice Grant Programs (Fund 1520)$758,815 Water Resources Fund $1,093,594 Facilities Development (Fund 1925)$973,090 Charlottesville/Albemarle Joint Health Center Fund (Fund 8550)$48,960 Courthouse Maintenance Fund (Fund 9150)$35,000 Old Crozet School Operations (Fund 8610)$82,337 Vehicle Replacement (Fund 9200)$1,041,859 Bright Stars Program (Fund 1553)$1,210,787 Comprehensive Services Act Program Expenditures (Fund 1551)$8,974,179 MJ Health Grant (Fund 1563)$5,000 Darden Towe Memorial Park (Fund 4200)$247,466 Tourism Enhancement (Fund 1810)$1,453,305 Proffer Funds (Funds 8537, 8540, 8547, 8549, and 8575)$493,832 Metropolitan Planning Organization Funding (Fund 1208)$9,902 Economic Development Authority (Fund 6850)$80,000 Housing Assistance Fund (Fund 1227)$3,025,000 Total OTHER GENERAL GOVERNMENT FUNDS appropriations for fiscal year ending June 30, 2015:$21,192,976 SECTION III: OTHER SCHOOL FUNDS SECTION IV: OTHER GENERAL GOVERNMENT FUNDS That the following sums of money be and the same hereby are appropriated for OTHER PROGRAM purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: That the following sums of money be and the same hereby are appropriated for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: Page 4 To be provided as follows: Revenue from Local Sources $2,730,824 Revenue from the Commonwealth $5,988,314 Revenue from the Federal Government $3,582,254 Transfers In from Other Funds $7,208,216 Use of Fund Balance $1,683,368 Total OTHER SCHOOL FUND resources available for fiscal year ending June 30, 2015:$21,192,976 Paragraph One: COURTS Court Facilities Addition/Renovation $2,462,683 Court Square Maintenance/Replacement $396,532 Old Jail Facility Maintenance $19,189 Sheriff's Office Maintenance/Replacement Projects $22,000 $2,900,404 Paragraph Two: PUBLIC SAFETY ECC Integrated Public Safety Technology Project $6,203,791 Fire Rescue Apparatus Replacement-Program $2,871,258 Fire Rescue Mobile Data Computers Replacement $22,000 Seminole Trail VFD Renovation/Addition $25,760 WARS Bay Upgrade $20,000 Regional Public Safety Firearms Training Center Transfer $485,584 County 800Mhz Radio Replacements $533,230 Police Patrol Video Cameras $165,695 $10,327,318 Paragraph Three: PUBLIC WORKS City/County Co-Owned Maintenance/Replacement $14,038 County Facilities Maintenance/Replacement $1,060,903 Ivy Landfill Remediation $523,000 Moores Creek Septage Receiving $109,441 $1,707,382 Paragraph Four: COMMUNITY/NEIGHBORHOOD DEVELOPMENT Crozet Streetscape Phase II $29,785 Sidewalk Construction Program $65,205 Transportation Revenue Sharing Program $2,002,536 $2,097,526 Paragraph Five: HEALTH AND WELFARE Health Department Maintenance/Replacement $49,604 $49,604 SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010) That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2015: Page 5 Paragraph Six: PARKS, RECREATION & CULTURE City-County Owned Parks Maintenance/Replacement $62,576 Parks Maintenance/Replacement $587,230 $649,806 Paragraph Seven: LIBRARIES City/County Branch Library Repair/Maintenance $254,114 County Library Facilities Repair/Maintenance $54,278 Rio Property-Library/Storage $32,200 $340,592 Paragraph Eight: TECHNOLOGY AND GIS County Server/Infrastructure Upgrade $437,268 Increased Redundant Internet Services $28,000 PBX Replacement $500,000 $965,268 Paragraph Nine: ACQUISITION OF CONSERVATION EASEMENTS (ACE) ACE Program $640,759 Paragraph Ten: OTHER USES OF FUNDS Capital Program Reserve $111,298 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2015:$19,789,957 To be provided as follows: Revenue from Local Sources (General Fund Transfer)$111,298 Revenue from Local Sources (Other Transfers)$108,960 Revenue from Other Local Sources $957,659 Revenue from the Commonwealth $1,081,018 Borrowed Funds $12,186,427 Use of Fund Balance $5,344,595 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2015:$19,789,957 Paragraph One: EDUCATION (SCHOOL DIVISION) Administrative Technology $261,000 Agnor Hurt Elementary Addition/Renovation $4,522,663 Contemporary Learning Spaces $270,608 Henley Middle School Auxiliary Gym Addition Only $2,247,366 Instructional Technology $575,000 School Bus Replacement $1,525,000 School Maintenance/Replacement $5,991,474 School Security Improvements $519,320 State Technology Grant $752,000 $16,664,431 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2015:$16,664,431 To be provided as follows: Revenue from Local Sources (General Fund Transfer)$1,569,199 Revenue from Local Sources (Proffer Fund Transfer)$493,832 Revenue from Other Local Sources $62,000 Revenue from the Commonwealth $1,052,000 Borrowed Funds $13,245,582 Use of Fund Balance $241,818 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2015:$16,664,431 SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000) That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: Page 6 Paragraph One: STORMWATER PROJECTS Church Road Basin $25,760 Hollymead Dam Spillway Improvement $100,000 Multi-Facility Maintenance $3,220 $128,980 Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2015:$128,980 To be provided as follows: Revenue from Local Sources (Stormwater Fund Transfer)$48,980 Borrowed Funds $80,000 Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2015:$128,980 Paragraph One: PUBLIC SAFETY FIREARMS TRAINING CENTER Regional Firearms Range Facility $3,489,821 $3,489,821 Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 2015:$3,489,821 To be provided as follows: Revenue from Local Sources $1,744,910 Revenue from Local Sources (Transfers from Other Funds)$1,456,751 Borrowed Funds $288,160 Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 2015:$3,489,821 Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900) Debt Service - School Division $12,816,005 Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30, 2015:$12,816,005 To be provided as follows: Revenue from Local Sources (Transfer from General Fund)$12,553,845 Revenue from Other Local Sources $262,160 Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June 30, 2015:$12,816,005 Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910) Debt Service - General Government $5,954,373 Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending June 30, 2015:$5,954,373 To be provided as follows: Revenue from Local Sources (Transfer from General Fund)$5,954,373 Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year ending June 30, 2015:$5,954,373 GRAND TOTAL - DEBT SERVICE FUNDS $18,770,378 That the following sums of money be and the same hereby are appropriated for the function of DEBT SERVICE to be apportioned as follows from the GENERAL GOVERNMENT DEBT SERVICE FUND and the SCHOOL DIVISION DEBT SERVICE FUND for the fiscal year ending June 30, 2015: SECTION IX: DEBT SERVICE SECTION VIII: REGIONAL PUBLIC SAFETY FIREARMS TRAINING CENTER FUND (Fund 9050) That the following sums of money be and the same hereby are appropriated from the STORM WATER CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: SECTION VII: STORMWATER CAPITAL IMPROVEMENTS FUND (Fund 9100) That the following sums of money be and the same hereby are appropriated from the STORM WATER CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: Page 7 Appropriations: Section I General Fund $241,479,450 Section II School Fund $160,437,310 Section III Other School Funds $16,052,319 Section IV Other General Government Funds $21,192,976 Section V General Government Capital Improvements Fund $19,789,957 Section VI School Division Capital Improvements Fund $16,664,431 Section VII Storm Water Capital Improvements Fund $128,980 Section VIII Regional Public Safety Firearms Training Center Fund $3,489,821 Section IX Debt Service $18,770,378 $498,005,622 Less Inter-Fund Transfers ($146,015,652) GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $351,989,970 Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND Emergency Communications Center $5,375,450 Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year ending June 30, 2015:$5,375,450 To be provided as follows: Albemarle County $2,167,176 City of Charlottesville $1,697,772 University of Virginia $615,879 Revenue from Other Local Sources $320,434 Revenue from the Commonwealth $560,825 Revenue from the Federal Government $13,364 Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal year ending June 30, 2015:$5,375,450 All of the monies appropriated as shown by the contained items in Sections I through IX are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. The Director of Finance (Betty Burrell) and Clerk to the Board of Supervisors (Ella W. Jordan) are hereby designated as authorized signatories for all bank accounts. TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I - VIII OF THIS RESOLUTION FOR THE FISCAL YEAR ENDING June 30, 2015 RECAPITULATION: SECTION X: EMERGENCY COMMUNICATIONS CENTER SECTION XI That the following sums of money be and the same hereby are appropriated from the EMERGENCY COMMUNICATIONS CENTER FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2015: BE IT FURTHER RESOLVED THAT the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation resolution. BE IT RESOLVED THAT the County Executive is hereby authorized to administratively approve budget transfers of unencumbered funds of up to $50,000.00 per fund in the fiscal year from one classification, department, or project to another within the same general governmental fund. Page 8 ____________________________________ Clerk, Albemarle County Board of Supervisors Aye Nay Mr. Boyd Ms. Dittmar Ms. Mallek Ms. McKeel Ms. Palmer Mr. Sheffield Paragraph One I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of ______ to ______, as recorded below, at a meeting held on June 4, 2014. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum of all Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional, and proportionate appropriations - the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Paragraph Two All revenue received by any agency under the control of the Board of Supervisors included or not included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Five Paragraph Three No obligations for goods, materials, supplies, equipment, or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney, and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specifications furnished by the contracting department, bureau, agency, or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County Purchasing Manual shall not be considered obligations of the County, and the Director of Finance shall not issue any warrants in payment of such obligations. Paragraph Four Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the rate established by the County Executive for its employees and shall be subject to change from time to time. This resolution shall become effective on July first, two thousand and fourteen. All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be and the same are hereby repealed. Paragraph Seven Page 9 Attachment B RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the Albemarle County Board of Supervisors, Virginia (the “Borrower”) intends to acquire, construct and equip the items and projects set forth in Exhibit A hereto (collectively, the “Project”); and WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both. NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that: 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to incur other debt to pay the costs of the Project in an amount not currently expected to exceed $29,630,686. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure); (b) a cost of issuance with respect to the Bonds; (c) a nonrecurring item that is not customarily payable from current revenues; or (d) a grant to a party that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The Borrower intends that the adoption of this Resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This Resolution shall take effect immediately upon its passage. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of ______ to ______, as recorded below, at a meeting held on June 4, 2014. _________________________________ Clerk, County Board of Supervisors Aye Nay Mr. Boyd ___ ___ Ms. Dittmar ___ ___ Ms. Mallek ___ ___ Ms. McKeel ___ ___ Ms. Palmer ___ ___ Mr. Sheffield ___ ___ Exhibit A CAPITAL IMPROVEMENT PROGRAM BOND FUNDED PROJECTS FY 2014/15 Schools Amount Agnor Hurt Elementary Addition/Renovation $ 4,138,901 Contemporary Learning Spaces 250,000 Henley Middle School Auxiliary Gym Addition 2,137,296 School Bus Replacement 1,225,000 School Maintenance/Replacement 5,026,997 School Security Improvements 467,388 Schools Subtotal $ 13,245,582 General Government Amount County 800Mhz Radio Replacements $ 479,907 County Server Infrastructure Upgrade 393,541 County-Owned Facilities Maintenance/Replacement 573,673 Court Facilities Addition/Renovation 2,462,683 Hollymead Dam Spillway Improvement 80,000 ECC Integrated Public Safety Technology 5,287,491 Fire Rescue Apparatus Replacement-Program 2,539,132 Regional Firearms Training Center 288,160 PBX Replacement 450,000 General Government Subtotal $ 12,554,587 TOTAL DEBT ISSUE – FY 2014/15 PROJECTS $25,800,169 PREVIOUSLY APPROPRIATED PROJECTS TO BE BOND FUNDED School Amount Agnor Hurt Elementary Addition/Renovation $ 383,601 Murray High School Phases 1-2 Addition/Renovation 567,390 Telecommunications Network Upgrade 675,000 School Subtotal $ 1,625,991 General Government Amount Fire Rescue Apparatus Replacement-Program $ 1,516,725 Regional Firearms Training Center 687,801 General Government Subtotal $ 2,204,526 TOTAL DEBT ISSUE – ALL PROJECTS $29,630,686 Memorandum ______________________________________________________________________________ TO: Members, Board of Supervisors FROM: Travis O. Morris, Senior Deputy Clerk DATE: May 29, 2014 SUBJECT: Boards and Commissions Vacancy and Reappointment List ______________________________________________________________________________ For information only please find attached an updated listing of vacancies for boards and commissions through May 29, 2014. Appointments and reappointments that need to be made at this time are to the Citizens Transportation Advisory Committee, Charlottesville Albemarle Convention and Visitors Bureau, Histo ric Preservation Committee, Region Ten Community Services Board and Solid Waste Committee. Listed below are the names of individuals who wish to be appointed and reappointed to the respective committees: Citizens Transportation Advisory Committee (CTAC): Katharine Welch Charlottesville Albemarle Convention and Visitors Bureau (CACVB): Sara Bishop Historic Preservation Committee: Reappointments Elizabeth Russell Jared Loewenstein Jeff Werner Region Ten Community Services Board: Reappointment Peter DeMartino Solid Waste Committee: BOS Liaison Liz Palmer MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT ACE Appraisal Review Committee Ross Stevens 12/31/2013 12/31/2014 waiting 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 Robin Mellen 4/17/2013 4/17/2017 Ineligible Architectural Review Board John Quale 11/14/2016 Resigned Advertised, No applications recv'd Citizens Transportation Advisory Committee Timothy O'Brien 4/3/2014 4/3/2017 No Advertised, 1 application recv'd Citizens Transportation Advisory Committee VACANT 4/3/2017 Citizens Transportation Advisory Committee Following application received: Katharine Welch Charlottesville Albemarle Convention & Visitors BureauNarash Naran 6/30/2014 6/30/2017 No Advertised, 1 application recv'd Charlottesville Albemarle Convention & Visitors BureauFollowing application received: Sara Bishop Historic Preservation Committee Elizabeth Russell 6/4/2014 6/4/2017 Yes Advertised, No applications recv'd Historic Preservation Committee Jared Loewenstein 6/4/2014 6/4/2017 Yes Historic Preservation Committee Steven Thompson 6/4/2014 6/4/2017 No Historic Preservation Committee Jeff Werner 6/4/2014 6/4/2017 Yes Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No Advertised, 1 application recv'd Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No 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 Following applications received: RD "Peppy" Winchel Pantops Community Advisory Council Rita Krenz 6/30/2013 6/30/2016 No Advertised, No applications recv'd Pantops Community Advisory Council Amy Preddy 6/30/2014 Resigned Region Ten Community Services Board Albert LaFave Jr 6/30/2014 6/30/2017 waiting for response Region Ten Community Services Board Peter DeMartino 6/30/2014 6/30/2017 Yes Solid Waste Committee Liz Palmer 12/31/2015 BOS Liaison Workforce Investment Board Janet Turner-Giles 6/30/2014 6/30/2015 Workforce Investment Board Amanda Moxham 6/30/2014 6/30/2017 Revised 05/29/2014 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Career firefighters serving as volunteers within the same jurisdiction SUBJECT/PROPOSAL/REQUEST: Additional information on career firefighters volunteering within the same jurisdiction STAFF CONTACT(S): Foley, Walker, Davis, Blair, Eggleston, LaBelle PRESENTER (S): Dan Eggleston LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At the Board of Supervisors meeting on October 2nd of 2013, Albemarle County Fire Rescue (ACFR) Chief Dan Eggleston provided a presentation on the Fair Labor Standards Act and its impact on ACFR Career Staff volunteering within the County. At the conclusion of that presentation there were questions raised by volunteer chiefs from Crozet and Scottsville about the extent of the information provided. The Board requested that Chief Preston Gentry from the Crozet Volunteer Fire Company work with staff to provide the Board additional information regarding this issue. ACFR staff worked with Chief Gentry to produce the attached memo (Attachment A), which was presented to the FEMS Board at its April 23, 2014 meeting. The FEMS Board took no position on whether the County policy to not allow career personnel to volunteer should be changed and passed a motion to forward the memo to the Board of Supervisors for its consideration. 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. Some Virginia localities allow 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. At the Board’s direction, staff surveyed other peer and like-sized localities within Virginia and asked 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 were as follows: AGENDA TITLE: Career firefighters serving as volunteers within the same jurisdiction June 4, 2014 Page 2 1. Do you allow career firefighters to volunteer with other volunteer departments within the same jurisdiction? County Yes No County Yes No 1. Chesterfield County X 12.Campbell County X 2. Fairfax County X 13 Loudoun County X 3. Hanover County* X 14. Louisa County X 4. Henrico County X 15. Orange County X 5. Manassas City X 16. James City County X(1) 6. Prince William County X 17. Rockingham County X(1) 7. Roanoke County* X 18 Charlottesville X(2) 8. Spotsylvania County* X 9. Stafford County* X 10. Virginia Beach City FD X 11. Augusta County X 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, which are set forth in Attachment B. BUDGET IMPACT: The budget impact cannot be determined at this time. RECOMMENDATIONS: 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 and the current policy is prudent to protect the County from potentially significant FLSA claims. ATTACHMENTS: A – Memo to FEMS Board from Chief Gentry B – Localities that allow career staff to volunteer with certain conditions C – Policies of localities that allow career staff to volunteer Return to agenda * 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. Attachment B Localities that 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 permitte d 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 volu nteer 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.  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. 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. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Courts Project SUBJECT/PROPOSAL/REQUEST: Courts Project Work Session Follow-Up STAFF CONTACT(S): Foley, Letteri, Davis and Henry PRESENTER (S): Trevor Henry LEGAL REVIEW: Yes AGENDA DATE: June 4, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: On April 9, 2014, the Board held a work session with stakeholders from the Court system. Stakeholder representation at the work session included three judges, the County’s Commonwealth’s Attorney, the County’s Sheriff, the County’s Circuit Court Clerk, the City of Charlottesville’s Mayor, and representatives of the County/City Public Defender’s office and the Charlottesville Albemarle Bar Association. The purpose of this work session was to discuss the two basic Courts Project options under consideration by the Board (Downtown Renovation/Expansion and County Courts Complex Concept). STRATEGIC PLAN: Goal 2. Provide community facilities that meet existing and future needs. DISCUSSION: During the work session, staff presented primary factors and considerations associated with the Downtown option and the concepts of relocating all Courts functions to the County at either a Greenfield site or urban infill/redevelopment site. The primary purpose of the work session was to provide the Courts stakeholders an opportunity to provide feedback directly to the Board regarding the options and impacts of both options. The Courts stakeholders reaffirmed their support of remaining Downtown as the preferred option in order to avoid significant disruptions to court functions and inefficiencies they believe would occur if any portion of the courts were to be relocated to the County. Staff is now seeking Board direction on next steps. The primary consideration is whether or not to continue to pursue both options in parallel or focus solely on one as the preferred option. Based on that direction, staff will develop a list of major milestones and a general timeline for one or both of the options for review with the Board. At the same time, staff will begin the initial steps to pursue the option or options identified to assure progress continues. Should the Board determine the Downtown Renovation/Expansion is still under consideration, staff will develop a proposed development strategy and term sheet to address property acquisitions, interim facility improvements and possible parking scenarios for the Board’s consideration. Should the Board decide to continue to pursue the option of a County Courts Complex, staff will explore public/private partnership opportunities and develop and recommend a public engagement plan for County citizens to provide input, as this option would require a referendum to move the County seat. As part of this option, staff would further develop an interim solution to accommodate current space and use needs of both courts while the County option is vetted further. Staff will be prepared to answer questions stemming from the April Courts Complex Stakeholder meeting. BUDGET IMPACT: The total CIP request for the Courts Project is approximately $43 Million over a 7-year period and is based on the Downtown Renovation/Expansion option. RECOMMENDATIONS: Staff recommends that the Board direct staff regarding whether or not to continue to pursue both Court expansion options in parallel or focus solely on one as the preferred option. Return to agenda Kenneth C. Boyd COUNTY OF ALBEMARLE Diantha H. McKeel Rivanna Office of Board of Supervisors Jack Jouett 401 McIntire Road Jane D. Dittmar Charlottesville, Virginia 22902-4596 Liz A. Palmer Scottsville (434) 296-5843 FAX (434) 296-5800 Samuel Miller Ann H. Mallek Brad L. Sheffield White Hall Rio June 4, 2014 Commonwealth Transportation Board P.O. Box 1475 Richmond, VA 23218 Dear Ladies and Gentlemen: I am writing on behalf of the Albemarle County Board of Supervisors to express our endorsement of the Route 29 Conceptual Solutions package presented to the Commonwealth Transportation Board (CTB) by Philip Shucett on May 13, 2014. Following a well-attended public hearing held in Albemarle County on May 27, our Board, by a vote of five to one, directed our Metropolitan Planning Organization (MPO) appointees to support the package in its entirety. Specifically, our Board supports the package’s elements as follows:  Best Buy Ramp Project (Route 29 and US 250 Interchange)  Hillsdale Drive Extended Project (extended to Holiday Drive)  Route 29 Widening Project (extended to Polo Grounds Road)  Adaptive Signal Time Improvements in the Albemarle/Charlottesville Route 29 Corridor  Berkmar Drive Extended Project (extended to Airport Road)  Route 29/Rio Road Grade Separated Intersection (study, design and construction)  Route 29/Hydraulic Road grade separated Intersection (Preliminary Engineering Study)  Additional Train AMTRAK Regional Service (Fund 25% of an additional Train set)  Sale of the right-of-way purchased for the Route 29 western bypass Our Board’s position is in complete alignment with the City of Charlottesville’s deliberations on the package as well as the MPO resolution approved on May 28, 2014. We strongly encourage the CTB to approve this at their June meeting so we may proceed. Many thanks for the resource you provided to execute a thoughtful and comprehensive process that generated solutions for a contentious and many-year effort to find a solution to congestion and compromised mobility along the 29 corridor in Albemarle County. Commonwealth Transportation Board June 4, 2014 Page 2 Once CTB approval is obtained, we intend to be a model in the Commonwealth for the execution of comprehensive traffic improvements coordinating closely with the Virginia Department of Transportation to ensure as smooth a construction phase process as possible. Sincerely, Jane D. Dittmar, Chair cc: Albemarle County Board of Supervisors BOS – CPA 2013-01 Page 1 of 3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CPA-2013-01 Comprehensive Plan Update/Amendment SUBJECT/PROPOSAL/REQUEST: Vision, Natural Resources STAFF CONTACT(S): Cilimberg, Echols PRESENTER (S): Elaine Echols LEGAL REVIEW: No AGENDA DATE: June 4, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Planning Commission’s recommended Comprehensive Plan has been provided in the draft dated January 23, 2014 and previously provided to the Board of Supervisors. The Comprehensive Plan may be found online here: http://www.albemarle.org/upload/images/Forms_Center/Departments/Community_Development/Forms/Comp_Plan_2013/ Comp_Plan_Round_3/Table_of_Contents_Final_1-23-14.pdf Recommendations regarding focused topics and information since the Commission’s actions have also been identified for the Board’s consideration. This work session is the third in the series of detailed Comprehensive Plan chapter reviews based on the Board’s agreed upon review schedule which can be found here: http://www.albemarle.org/department.asp?department=cdd&relpage=17151 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: At this worksession, the Board will review a draft Vision statement provided by staff in response to the Board’s comments at its May 7, 2014 work session. Following the discussion on the Vision statement, the Board will review Chapter 4: Natural Resources, including the Planning Commission’s recommendations and focused topics and information provided since the Commission’s actions. Vision At the Board’s direction for additional concepts and a reordering of topics, the staff has developed the following vision statement: Albemarle County envisions a community with:  abundant natural, rural, historic, and scenic resources  healthy ecosystems,  active and vibrant development areas,  a physical environment which supports healthy lifestyles,  a thriving economy, and  strong educational programs for current and future generations. The Board is asked to approve this statement as presented or with any agreed upon changes. Chapter 4: Natural Resources http://www.albemarle.org/upload/images/Forms_Center/Departments/Communit y_Development/Forms/Comp_Plan_2 013/Comp_Plan_Round_3/04_Chapter_Natural_Resources_final_1-23-14.pdf AGENDA TITLE: CPA-2013-01 Comprehensive Plan Update/Amendment May 14, 2014 BOS – CPA 2013-01 Page 2 of 3 The Natural Resources chapter provides information on the importance of:  Protecting surface and groundwater (pages 4.5 – 4.20)  Protecting air quality (pages 4.20 – 4.21)  Preserving mineral resources while recognizing economic benefits (pages 4.21 – 4.22)  Protecting the biological diversity and ecological integrity of the County (pages 4.23 – 4.29)  Retaining mountain resources (pages 4.29 – 4.30)  Protecting wetlands, rivers, and streams by retaining land cover (pages 4.30 – 4.33)  Protecting residents and properties from natural hazards (pages 4.33 – 4.36) The Goals, Objectives, Strategies, Implementation Priorities, Measures of Success, and list of Appendices and Reference Documents are found in a single document at Attachment A. The Appendix, found here: http://www.albemarle.org/upload/images/Forms_Center/Departments/Community_Development/Forms/Comp_Plan_2 013/Comp_Plan_Round_3/A.4_Appendix_Natural_Resources_Final_1-23-14.pdf contains the Mountain Contour List that relates to Figure 10 – the Mountain Protection Map. This list relates to the text on page 4.29 of the Plan Draft that notes the important contours for preservation. The Appendix also provides the regional Hazard Mitigation Plan. The Reference Documents, found here: http://www.albemarle.org/upload/images/Forms_Center/Departments/Community_Development/Forms/Comp_Plan_2 013/Comp_Plan_Round_3/Reference_4_Natural_resources_Final_1-23-14.pdf contain the list of river basins and home watersheds, the Biodiversity Report from 2004, and the Mountain Protection Plan which is in the current Plan, but has not been retained in the draft Plan. In addition, the Reference Documents contain information on StreamWatch Stream Degradation Potential and the Rivanna River Corridor Plan – Draft Concept and Framework. The Reference Document Section should also include the Rivanna River Basin Commission 2012 Rivanna Watershed Snapshot http://www.rivannariverbasin.org/Rivanna-snapshot.php and the one page StreamWatch report entitled, “Streamhealth Follows Land Use,” which may be found here: https://www.dropbox.com/s/0mzqgszwgcyiv45/Stream%20Health%20Follows%20Land%20Use%20- %20Highlights%20one-pager%20revised%202013Apr2.pdf. A table comparing the existing and recommended Comprehensive Plan regarding Natural Resources is provide d as Attachment B. Four topics have been identified for particular focus:  Protecting surface and groundwater (see pages 4.5 – 4.20) Staff comment: A number of comments and recommendations have been made by various groups and individuals on the need for stronger language related to surface and groundwater protection. Some individuals have criticized the Commission’s Comprehensive Plan recommendations due to the cost of new or reinstated programs. Staff believes this section of the Plan should tie more closely into the discussions held by the Board of Supervisors last summer on new State regulations. Attachment C discusses the issues and makes recommendations.  Preserving mineral resources while recognizing economic benefits (pages 4.21 – 4.22) Staff comment: After the Planning Commission acted on the Comprehensive Plan recommendations, several residents of the Schuyler area of the County became concerned with Strategy 3a on page 4.22 of the Plan which says, “Consider expanding the Natural Resource Extraction Overlay District to cover areas near Schuyler where soapstone has historically been quarried.” Attachment D explains the issues of concern to those residents as well as describes the Planning Commission’s deliberation on this topic and staff’s recommendation.  Protecting the biological diversity and ecological integrity of the County (see top of page 4.24) Staff comment: Staff and Supervisor Mallek have received recommendations from Lonnie Murray, Chair of the Natural Heritage Committee, that additional information be provided on how biodiversity efforts are AGENDA TITLE: CPA-2013-01 Comprehensive Plan Update/Amendment May 14, 2014 BOS – CPA 2013-01 Page 3 of 3 different in the Rural Area than in the Development Area. Attachment E contains information on this and staff’s recommendations. Attachment E also contains recommendations related to priority sites in the Rural Area and staff’s response to those recommendations.  Protecting residents and properties from natural hazards - Modification of floodplain recommendations, based on recent work on Flood Hazard Overlay District (FHOD) regulations (see pages 4.34 and 4.35) Staff comment: Early in 2014, the Board approved updates to the FHOD regulations to comply with federal requirements. At that time, staff identified for the Board additional flood plain considerations for which the updated Comprehensive Plan can provide further policy guidance. Attachment F contains recommendations for several areas of floodplain policy for the Board’s consideration. BUDGET IMPACT: Recommendations in the Comprehensive Plan Draft include recommendations for future capital improvements and operations. RECOMMENDATIONS: The Board is asked to identify any substantive changes to the recommendations herein presented and concur on those changes, focusing on content rather than wordsmithing. Staff will then make any necessary changes and bring them back to the Board for its approval prior to its public hearing. ATTACHMENTS: Attachment A: Goals, Objectives, Strategies Goals, Objectives, Strategies, Priorities, and Indicators of Progress, Appendices, and Reference Documents Attachment B: Comparison of Goal, Objectives, and Strategies for Natural Resources Attachment C: Discussion on Water Resources in Comprehensive Plan Draft Attachment D: Discussion on Mineral Resources in Comprehensive Plan Draft Attachment E: Discussion and Recommendations for Biodiversity changes from the Chair of the Natural Heritage Committee Attachment F: Discussion and Recommendations from Staff for Flood Protection Return to agenda Vision 1 of 4 Attachment A BOS 6-4-14 ATTACHMENT A Natural Resources Goals, Objectives, Strategies, *Priorities, and Indicators of Progress, Appendices, and Reference Documents GOAL: Albemarle’s streams, rivers, and air will be clean. Rural Area mountains, woodlands, and wetlands will provide large areas of habitat for diversity of flora and fauna. Objective 1: Protect the quality and quantity of surface water and groundwater water resources in the County. *Strategy 1a: Continue to proactively work to restore impaired streams and waterways and protect healthy ones by continuing efforts with State agencies, the City of Charlottesville, University of Virginia, and local stakeholders, especially to address new State stormwater mandates pertaining to impaired waters. *Strategy 1b: Assure alignment between the Water Protection Ordinance and the County’s goal and objectives for water resources. Strategy 1c: Continue to follow growth management strategies to keep future demand from Rural Area residential development from exceeding the available groundwater supply. *Strategy 1d: Promote the concept of water conservation as a community-wide issue. Initiate proactive measures to encourage community-wide water conservation and use efficiency through multi-agency programs. *Strategy 1e: Provide funding for and re-create a groundwater program to help protect wells and groundwater resources in the Rural Area. Strategy 1f: Allow and manage recreational uses of drinking water reservoirs and adjacent public land only as incidental uses to the primary function as a public water supply and in such a manner as to prevent cumulative impacts that may impair that primary function. Strategy 1g: Continue to follow growth management strategies to keep commercial and industrial land uses in the Development Areas to prevent runoff and discharge which can degrade the quality of groundwater. Objective 2: Protect air quality. Strategy 2a: Help protect air quality by reducing the County's carbon footprint and by promoting alternatives to single-occupancy vehicles, such as walking, bicycle use, ride-sharing, and public transit services. 2 of 4 Attachment A BOS 6-4-14 Objective 3: Preserve the County’s mineral resources while recognizing their economic benefits. Strategy 3a: Consider expanding the Natural Resource Extraction Overlay District to cover areas near Schuyler where soapstone has historically been quarried. *Strategy 3b: Provide educational materials to owners of properties in the Natural Resource Extraction Overlay district on geological assets and limitations in the Rural Area. Objective 4: Protect the biological diversity and ecological integrity of the County. *Strategy 4a: For property owners in the Rural Area who subdivide their land, provide information on the importance of protecting habitat when creating lots for development. *Strategy 4b: Develop an Action Plan for Biodiversity to protect significant areas of biological importance in the County. *Strategy 4c: Until the Action Plan for Biodiversity is completed, direct conservation efforts and funding toward protecting the six priority conservation sites selected by the Biodiversity Work Group: Preddy Creek Wetlands, the Key West Rivanna and North Fork Rivanna Bluffs, the Campbell Wetlands, the Rivanna Bluffs below Buck Island Creek, the Southern Albemarle Mountains, and the Pinkerton Slash. *Strategy 4d: Regularly repeat the land use/land-cover data-gathering process carried (as begun in 2009) for the purpose of monitoring landscape changes. Strategy 4e: Collaborate with federal, state, and regional partners which have geographic information on biological resources to help build a biodiversity inventory. *Strategy 4f: Assess the need for hiring a County staff member with expertise in conservation biology, and/or training existing County staff in principles of conservation biology to assist in development of the action plan and coordination with other County actions. Strategy 4g: Encourage the use of native plants in landscaping to protect and provide habitat for native biodiversity, to save water, and connect landowners to the local ecosystem. *Strategy 4h: Increase the community’s awareness of the importance of biodiversity to encourage protection of biological resources. Objective 5: Retain mountain resources. Strategy 5a: Continue to protect critical slopes in the Rural Areas. Strategy 5b: Protect slopes of 25% or greater in the Development Areas that are continuous as part of stream systems. *Strategy 5c: Encourage voluntary measures, such as conservation easements, agricultural and forestal districts, and use value taxation to protect mountain resources. 3 of 4 Attachment A BOS 6-4-14 Objective 6: Retain and/or improve landcover near rivers and streams, and protect wetlands. Strategy 6a: Continue to use the Water Protection Ordinance, critical slopes regulations, and other measures to preserve designated river and stream valleys in their natural state to protect significant resources associated with river and stream valleys and to provide buffer areas. Strategy 6b: Protect wetlands from inappropriate uses, and protect or restore them where possible, for maintaining surface water quality and other benefits. Strategy 6c: Use Development Area Master Plans to identify important streams and wetlands to protect. Objective 7: Protect residents and properties from damage which can be prevented when natural hazards are present. Strategy 7a: Through continued application of the Flood Hazard Overlay District, protect floodplains from uses that impair the function of the floodplain. Strategy 7b: Continue to maintain dams that are owned by the County. *Strategy 7c: Increase awareness of areas which are prone to debris flow in the County. Strategy 7d: Continue to participate in hazard mitigation planning as part of the Regional Natural Hazard Mitigation Plan. Priorities are indicated with * Indicators of Progress: 1. Reduction in number of impaired waterways. 2. Reduction in quantity of impairments in impaired waterways. 3. Increase in the percentage of impervious area treated by best management practices. 4. No reduction in water quality or quantity from monitored wells in the Rural Area. 5. Increase or no change in the number of days per year that Charlottesville- Albemarle air quality is in the good to moderate range. 6. Reduction in energy consumption and emissions in County-owned vehicles. 7. Increase in vegetated stream buffers in DA and RA. Appendices  Mountain Contour List  2012 Regional Hazard Mitigation Plan Reference Documents  List of River Basins and Home Watersheds  Biodiversity Report  Mountain Protection Plan 4 of 4 Attachment A BOS 6-4-14  StreamWatch Stream Degradation Potential  Rivanna River Corridor Plan – Draft Concept and Framework 1 of 14 Attachment B BOS 6-4-14 ATTACHMENT B Comparison of Goals, Objectives, Strategies, and other Key Information Chapter 4: Natural Resources January 23, 2014 Draft The goal, objectives, and strategies for the Proposed 2014 Plan are shown on the right in this table. Goals, objectives, and strategies shown on the left are taken from different sections of the existing Comprehensive Plan. The source of information from the existing Plan is shown by existing goal, objective, or strategy number or by Page number in the existing Plan. Existing Comprehensive Plan – Natural Resources and Cultural Assets Adopted 3/3/1999 Water Resources – Amended 12/3/08 by CPA 2008-001 for Watershed Management Planning Proposed Comprehensive Plan Update Recommended by the Planning Commission 7/30/2013 Open Space Resources GOAL: Protect the County’s natural, scenic, and historic resources in the Rural Area and Development Areas. (Page 7) (Open Space is no longer recommended as an independent resource type; instead, individual resources are highlighted in the chapter.) Natural Resources GOAL: Preserve and manage the County’s natural resources in order to protect the environment and conserve resources for future use. (Page 12). GOAL: Albemarle’s streams, rivers, and air will be clean. Rural Area mountains, woodlands, and wetlands will provide large areas of habitat for diversity of flora and fauna. (Page 4.1) Water Resources OBJECTIVE: Protect the County’s surface water through a management program that recognizes the functional interrelationship of stormwater hydrology, stream buffers, flood plains, wetlands, and human management practices. (Page 23) OBJECTIVE: Facilitate the integration of stormwater management and pollution control with other programs, policies, educational efforts, and Comprehensive Plans of jurisdictions in the region. (Page 27) OBJECTIVE: Protect the availability and quality of surface drinking water supplies (Page 37) OBJECTIVE: Protect the availability and quality of groundwater resources. (Page 48) Objective 1: Protect the quality and quantity of surface water and groundwater water resources in the County. (Page 4.5) (City-Co-UVA teams are already working together to address State stormwater regulations.) 2 of 14 Attachment B BOS 6-4-14 OBJECTIVE: Maintain the integrity of existing stream channels and networks for their biological functions and drainage. Protect the condition of state waters for all reasonable public uses and ecological functions. Restore degraded stream and wetland ecosystems where possible. (Page 26) Strategy: The County should adopt a TMDL or similar approach to understand cumulative impacts and to prevent ecosystem degradation. (Page 27) OBJECTIVE: Protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development. (Page 27) OBJECTIVE: Facilitate the integration of stormwater management and pollution control with other programs, policies, educational efforts, and Comprehensive Plans of jurisdictions in the region. (Page 27) Strategy: Create a prioritization method for restoration projects to make best use of resources. (Page 27) OBJECTIVE: Continue to support Chesapeake Bay protection initiatives. (Page 29) OBJECTIVE: Preserve designated stream valleys in their natural state in order to protect significant resources associated with stream valleys and to provide buffer areas. (Page 29) Strategy: Develop guidelines (or standards) for activities in stream buffer areas to be incorporated into the County Design Manual. (Page 30) Strategy: Review and implement recommendations of the Rivanna River basin Strategy 1a: Continue to proactively work to restore impaired streams and waterways and protect healthy ones by continuing efforts with State agencies, the City of Charlottesville, University of Virginia, and local stakeholders, especially to address new State stormwater mandates pertaining to impaired waters. (Page 4.8) (See Strategies under Objective 6, Page s 4.30 - 4.33) (See Stategies under Objective 6, Page s 4.30 - 4.33) (Design Manual is complete.) 3 of 14 Attachment B BOS 6-4-14 project. (Page 35) Strategy: Provide assistance to the Thomas Jefferson Planning District Commission and the Environmental Education Center to continue citizen monitoring efforts in the Rivanna Basin. (Page 35) OBJECTIVE: Encourage BMPs to reduce nonpoint source pollution from agricultural and forestry uses. (Page 35) Strategy: Make technical and financial assistance to implement Best Management Practices projects more readily available to the public through appropriate departments and agencies. Work with TJSWCD to promote participation in cost-share programs and stream restoration projects. (Page 36) Strategy: Work with TJSWCD to respond to and help resolve agricultural water quality issues raised by the Agricultural Stewardship Act. (Page 36) (Most of these recommendations deal with correcting impairments which are now part of State requirements.) (StreamWatch activities are the major part of citizen monitoring efforts.) (The Department of Conservation and Recreation (DCR) manages oversight of agricultural and forestry uses. The County is not involved in working with property owners for agricultural and forestry uses.) (DCR manages cost-share programs.) OBJECTIVE: Continue to enforce all existing regulations for the protection of water resources. (Page 14) Strategy: Produce a local Design Manual with criteria for complying with all regulations. The Engineering Department should lead in producing the Design Manual. (Page 15) Strategy 1b: Assure alignment between the Water Protection Ordinance and the County’s goals and objectives for water resources. (Page 4.9) (Design Manual is complete.) Strategy 1c: Continue to follow growth management strategies to keep demand from Rural Area residential development from exceeding the available groundwater supply. (Page 4.19) Strategy: Control nonpoint source pollution, erosion and sedimentation, and stream channel erosion. (Page 28) Strategy: Implement the recommendations of the Moores Creek and South Fork Watershed studies. Initiate additional watersheds studies (The Department of Environmental Quality and DCR oversee nonpoint source pollution. See Strategies under Objective 6 related to stream restoration.) 4 of 14 Attachment B BOS 6-4-14 based on a prioritization plan. (Page 28) Strategy: Encourage the design and construction of creative and effective stormwater facilities and best management practices, including nonstructural approaches. Provide for the long term maintenance of these practices and facilities. (Page 28) Strategy: Investigate and pursue the creation of a stormwater utility or other funding mechanism to provide for the long-term maintenance of stormwater facilities and drainage systems. (Page 29) Strategy: Future Development Area boundaries should follow watershed divides in order to coordinate land use policy and water resources policy. (Page 29) (See Community Facilities Chapter 12, Strategy 9h) (See Community Facilities Chapter 12, Strategy 9a) Strategy: Coordinate within the County government, with State agencies, and with the design and development communities to encourage development and transportation design that reduces impervious cover, and that minimizes, by design, adverse impacts on water resources. (Page 29) OBJECTIVE: Implement an ongoing educational and incentive program for the general public that emphasizes protection of surface and groundwaters and the property owner's responsibility and opportunity. Coordinate efforts with the public schools, the Environmental Education Center, Thomas Jefferson Soil and Water Conservation District, the Rivanna Water and Sewer Authority, Albemarle County Service Authority, Ivy Creek Foundation, Thomas Jefferson Sustainability Council, and other local environmental education and incentive efforts. (Page 13) OBJECTIVE: Support water conservation and use-efficiency measures to minimize impacts to water resource systems and the environment and to prolong the life of existing and future water supplies. (Page 40) Strategy 1d: Promote the concept of water conservation as a community-wide issue. Initiate proactive measures to encourage community- wide water conservation and use efficiency through multi-agency programs. (Page 4.19) 5 of 14 Attachment B BOS 6-4-14 Strategy: Promote the concept of water conservation as a community-wide issue. (Page 41) Strategy: Continue to initiate proactive measures to encourage community-wide water conservation and use efficiency through multi- agency programs. (Page 41) Strategy: Support the Albemarle County Service Authority, City of Charlottesville, and Rivanna Water and Sewer Authority and the University of Virginia’s water conservation and use-efficiency efforts. Implement recommended measures that require County action through regulatory or non-regulatory programs. Page 42) Strategy: Continue efforts to implement and enhance water conservation and use-efficiency measures at existing and new County-owned buildings and facilities. (Page 42) Strategy: Promote rainwater harvesting as a method of efficiently utilizing the water that falls on our county." (Page 42) Strategy: Continue participation in the Rivanna Regional Drought Response Committee, and implement the Drought Response and Contingency Plan in cooperation with the City, RWSA, and the ACSA. (Page 42) Strategy: Promote the collection and inclusion of groundwater data in water conservation planning and drought response. (Page 42) OBJECTIVE: Encourage voluntary techniques to protect drinking water supplies. (Page 46) Strategy: Investigate available sources and provide complete funding to implement high priority BMP projects in water supply watersheds. Develop a prioritization method to 6 of 14 Attachment B BOS 6-4-14 identify high priority projects. Technical assistance to implement BMP projects should be made more readily available to the public by appropriate departments and agencies. (Page 46) Strategy: Review the Code of Virginia to determine where the County can suggest changes to allow for local authority to require conservation plans. (Page 46) OBJECTIVE: Maintain a water resources committee to coordinate local water resources protection matters.(Page 22) Strategy: Broaden membership on the committee to include citizens involved in farming and forestry, representatives from the City of Charlottesville, the University of Virginia, Thomas Jefferson Health District, other relevant agencies, and community organizations. (Page 22) Strategy: The Committee should work through ad hoc committees to address timely and relevant water resources topics, either at their own discretion or at the discretion of the Board of Supervisors or Planning Commission. (Page 22) Strategy: Provide adequate staff resources to implement the groundwater program. (Page 49) Strategy: Create a groundwater subcommittee of the Water Resources Committee to implement strategies identified in this Plan. (Page 49) Strategy: Facilitate and fund programs for the testing of private, individual water supplies.(Page 52) Strategy: Review and update the central well policy and testing requirements for new central Strategy 1e: Provide funding for and re- create a groundwater program to help protect wells and groundwater resources in the Rural Area. (Page 4.19) 7 of 14 Attachment B BOS 6-4-14 well systems. (Page 53) OBJECTIVE: Protect groundwater quality through prevention of contamination.(Page 56) Strategy: Seek an effective way to collect, store and use groundwater contamination source information. The County should work with the Division of Mineral Resources, Thomas Jefferson Planning District Commission, Department of Environmental Quality, and University of Virginia to identify and map existing and potential sources of groundwater pollution. The County's evolving geographic information system should be utilized. Management objectives should be developed. (Page 59) Strategy: Conduct groundwater vulnerability mapping in coordination with other hydrogeologic mapping and wellhead protection efforts. (Page 59) Strategy: Conduct a study of possible shortcomings of current state septic regulations to protect groundwater and any necessary improvements to current design criteria. Implement additional non-regulatory and/or regulatory measures needed to adequately protect groundwater from septic systems, such as septic system maintenance and homeowner education. (Page 59) Strategy: Assemble relevant local, regional, state and federal agencies for a groundwater summit. The purpose would be to improve coordination and facilitate information sharing. (Page 60) Strategy: Ensure that the Department of Environmental Quality’s (DEQ’s) Leaking Underground Storage Tank (LUST) investigations and the Environmental Protection Agency’s (EPA’s) Superfund projects are 8 of 14 Attachment B BOS 6-4-14 coordinated with Virginia Department of Health activities in granting well and septic permits, and with County efforts for groundwater planning and management. (Page 60) Strategy: The Groundwater Subcommittee of the Water Resources Committee should develop an action plan to reflect current priorities and to implement the recommendations of the Groundwater Protection Study. (Page 61) Strategy: Seek an effective way to collect, store and use groundwater data. Coordinate with the Health Department and Division of Mineral Resources to develop a useable and continuously maintained groundwater database. Utilize the County’s evolving geographic information system (GIS). Management objectives that outline how, for what purpose, and by whom the data base will be used should be developed. (Page 63) Strategy: Provide cost-share and staff assistance to Division of Mineral Resources to complete the Albemarle County pilot groundwater data base. (Page 63) Strategy: Consider groundwater resource data in the review of rezoning and special use permit applications. Groundwater resource studies are to be done on a periodic basis to update data. (Page 63) Strategy: Work with the Division of Mineral Resources to conduct additional mapping in Albemarle County on recharge/discharge, lineaments, surficial and bedrock geology, and regional groundwater flow. Provide local cost- share funds to perform this mapping. (Page 64) Strategy: Continue to gather information on groundwater by watershed areas using the Pilot Groundwater Study as a prototype. 9 of 14 Attachment B BOS 6-4-14 Produce a prioritized list of watersheds using criteria developed by the Groundwater Subcommittee of the Water Resources Committee. (Page 65) Strategy: The Groundwater Subcommittee should investigate a requirement for hydrogeological testing to verify suitable groundwater quantity and quality in the Rural Area and develop a draft hydrogeological testing policy and ordinance language for consideration by the Board of Supervisors. (Page 65) Strategy: The Groundwater Subcommittee should investigate a requirement for a water quality testing requirement for private wells prior to issuance of a building permit and develop draft ordinance language for consideration by the Board of Supervisors. (Page 65) Strategy: In conjunction with other educational efforts and organizations, the County should disseminate relevant information to groundwater users about stewardship principles, including specific information needs identified by the Pilot Study and Well Testing Program. (Page 65) Strategy: The Groundwater Subcommittee of the Water Resources Committee should develop a wellhead protection plan and implementation program for the County (Include as an Action Agenda Item). (Page 66) Strategy: As a first step in a wellhead protection program, map all current public water supplies that utilize wells and springs, including the latitude and longitude of all source supplies. Produce this map for emergency response personnel, the Comprehensive Plan, and other groundwater planning applications. (Page 66) (See text on Page 4.19) 10 of 14 Attachment B BOS 6-4-14 OBJECTIVE: Allow and manage recreational uses of drinking water reservoirs and adjacent public land only as incidental uses to the primary function of water supply and in such a manner as to prevent cumulative impacts that may impair that primary function. (Page 44) Strategy: The County should take a lead role in developing a recreation and water supply protection plan for each reservoir to address incidental recreational uses of drinking water reservoirs and adjacent public land. This effort should be coordinated with the Rivanna Water and Sewer Authority, the City of Charlottesville, Shenandoah National Park, and other relevant agencies. (Page 45) Strategy 1f: Allow and manage recreational uses of drinking water reservoirs and adjacent public land only as incidental uses to the primary function as a public water supply and in such a manner as to prevent cumulative impacts that may impair that primary function. (Page 4.20) Strategy 1g: Continue to follow growth management strategies to keep commercial and industrial land uses in the Development Areas to prevent runoff and discharge which can degrade the quality of groundwater. (Page 4.20) (No existing objective – from text and standards on Page 134.) Objective 2: Protect air quality. (Page 4.20) Strategy: To protect air quality, promote alternatives to single-occupancy vehicles, such as pedestrian sidewalks, bicycle use, ride- sharing, and public transit services. (Page 134) Strategy: Monitor federal and state laws and the activities of agencies that affect air quality in this locality. (Page 134) Strategy: Join with other agencies to obtain an air quality monitoring device for the area. (Page 134) Strategy 2a: Help protect local and regional air quality by reducing the County's carbon footprint and by promoting alternatives to single-occupancy vehicles, such as walking, bicycle use, ride-sharing, and public transit services. (Page 4.20) No existing objective – from text and standards on Page 135. Objective 3: Preserve the County’s mineral resources while recognizing their economic benefits. (Page 4.21) No existing strategies – from text and standards on Page 135. Strategy 3a: Consider expanding the Natural Resource Extraction Overlay District to cover areas near Schuyler where soapstone has historically been quarried. (Page 4.22) No existing strategies – from text and Strategy 3b: Provide educational materials to 11 of 14 Attachment B BOS 6-4-14 standards on Page 135. owners of properties in the Natural Resource Extraction Overlay District on geological assets and limitations in the Rural Area. (Page 4.22) GOAL: Recognize the importance of protecting biological diversity in both the Rural Area and the Development Areas for the ecological, aesthetic, ethical, and economic benefits to the community. (Page 73) Objective 4: Protect biological diversity and ecological integrity of the County. (Page 4.22) OBJECTIVE: Increase the community’s awareness of the importance of biodiversity to encourage protection of biological resources. (Page 82) Strategy 4a: For property owners in the Rural Area who subdivide their land, provide information on the importance of protecting habitat when creating lots for development. (Page 4.23) Strategy: Staff will develop an action plan, with assistance from the Biodiversity Committee, and through a public participation process, to protect significant areas of biological resources. (Page 84) Strategy 4b: Develop an Action Plan to protect significant areas of biological importance in the County. (Page 4.24) (Recommendation to the right came from Natural Heritage Committee report to the Board in 2007.) Strategy 4c: Until the Action Plan for Biodiversity is completed, direct conservation efforts and funding toward protecting the six priority conservation sites selected by the Biodiversity Work Group: Preddy Creek Wetlands, the Key West Rivanna and North Fork Rivanna Bluffs, the Campbell Wetlands, the Rivanna Bluffs below Buck Island Creek, the Southern Albemarle Mountains, and the Pinkerton Slash. (Page 4.25) Strategy 4d: Regularly repeat the land use/land-cover data-gathering process (as begun in 2009) for the purpose of monitoring landscape changes. (Page 4.25) Strategy: Establish an advisory committee to assist the County in overseeing the development of a Biological Resources Inventory and the integration of such an inventory into the planning process. (Page 83) Strategy 4e: Collaborate with federal, state, and regional partners which have geographic information on biological resources to help build a biodiversity inventory. (Page 4.25) Developing and Implementing an Action Plan for Achieving Biodiversity - Actions to be addressed in the action plan at a minimum should include: Whether there is a need for hiring a County staff member with expertise in Strategy 4f: Assess the need for hiring a County staff member with expertise in conservation biology, and/or training existing County staff in principles of conservation biology to assist in development of the Action 12 of 14 Attachment B BOS 6-4-14 conservation biology, and/or training existing County staff in principles of conservation biology. (Page 85) Plan and coordination with other County actions. New as strategy – from text on Pages 82-83. Strategy 4g: Encourage the use of native plants in landscaping to protect and provide habitat for native biodiversity, to save water, and to connect landowners to the local ecosystem. (Page 4.26) Strategy: Develop and disseminate educational and technical material for the purposes of informing the general public, developers, and private land owners, including residents of urban Development Areas, on the value of biodiversity and volunteer techniques that can be used to protect biological resources located on their land. (Page 82) Strategy 4h: Increase the community’s awareness of the importance of biodiversity to encourage protection of biological resources. (Page 4.29) GOAL: Recognize the value of Albemarle’s mountains, including protecting water quality and drinking water reservoir capacity, soil conservation, forest resources, plant and animal habitat, scenic values, tourism, and the economic impact of these resources. (Page 108) Objective 5: Retain mountain resources. (Page 4.29) OBJECTIVE: Pursue additional protection measures to protect mountain resources and to promote public safety in these areas of exceptional critical slopes and higher elevations. (Page 108) Strategy 5a: Continue to protect critical slopes in the Rural Area. (Page 4.29) Strategy 5b: Protect slopes of 25% or greater in the Development Areas that are continuous as part of stream systems. (Page 4.30) Strategy: Encourage voluntary measures which protect mountain resources, such as conservation easements, agricultural and forestal districts, and use value taxation. (Page 109) Strategy 5c: Encourage voluntary measures, such as conservation easements, agricultural and forestal districts, and use value taxation to protect mountain resources. (Page 4.30) (See Pages 27, 28, and 29 of existing Plan) Objective 6: Retain and/or improve landcover near streams, and protect wetlands. (Page 4.30) (See Pages 27, 28, and 29 of existing Plan) Strategy 6a: Continue to use the Water Protection Ordinance, critical slopes regulations, and other measures to preserve designated stream valleys in their natural state to protect significant resources associated with stream 13 of 14 Attachment B BOS 6-4-14 valleys and to provide buffer areas. (Page 4.30) OBJECTIVE: Protect wetlands from inappropriate uses and recognize their value for maintaining surface water quality and other benefits. (Page 33) Strategy: Continue to coordinate County development review with state and federal wetland regulations. (Page 33) Strategy: Encourage the voluntary protection of wetlands not required by regulation through conservation easements and deed restrictions. (Page 33) Strategy 6b: Protect wetlands from inappropriate uses, and protect or restore them where possible, for maintaining surface water quality and other benefits. (Page 4.34) OBJECTIVE: Continue to protect the Moorman’s River's exceptional environmental setting, aquatic community and recreational opportunities. (Page 34) Strategy: Work with the Rivanna Water and Sewer Authority and appropriate state agencies to balance water supply needs with minimal stream flow requirements for the Moorman’s River in Sugar Hollow. (Page 35) (See Page s 5.18 and 5.19 in Historic and Scenic Resources Chapter 5) (replaces Open Space Plan information for Development Areas) Strategy 6c: Use Development Area Master Plans to identify important streams and wetlands to protect. (Page 4.34) OBJECTIVE: Protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development. (Page 27) Objective 7: Protect residents and properties from damage which can be prevented when natural hazards are present. (Page 4.34) OBJECTIVE: Protect floodplains from inappropriate uses and recognize their value for stormwater management and ecological functions. (Page 32) Strategy: Implement the flood hazard mitigation recommendations of the Moore's Creek and South Fork Watershed Studies on a prioritized basis. (Page 33) Strategy 7a: Through continued application of the Flood Hazard Overlay District, protect floodplains from uses that impair the function of the floodplain. (Page 4.35) 14 of 14 Attachment B BOS 6-4-14 Strategy 7b: Continue to maintain dams that are owned by the County. (Page 4.36) Strategy: Develop County planning tools and educational materials that address hazard avoidance with regard to areas that are prone to debris flows. In conjunction with appropriate resource agencies, develop a debris flow hazard map for Albemarle County. (Page 109) Strategy 7c: Increase awareness of areas which are prone to debris flow in the County. (Page 4.36) Strategy 7d: Continue to participate in hazard mitigation planning as part of the Regional Natural Hazard Mitigation Plan. (Page 4.37) 1 of 3 Attachment C BOS 6-4-14 ATTACHMENT C Background and Recommended Changes to Water Resources section of Natural Resources Chapter The Board of Supervisors received multiple recommendations related to preservation of water quality and quantity. One source asked multiple questions related to the appropriateness of the County’s efforts to preserve and protect water quality and quantity relative to the cost to taxpayers. Other sources asked for additional attention, funding, and programs for both surface water and groundwater protection. In addition, starting in July 2013, staff provided the Board a series of work sessions on the state of Albemarle County's water resources and the Board recently amended the Water Protection Ordinance for compliance with new state requirements. Staff responses and recommendations are below: Objective 1: Protect the quality and quantity of surface water and groundwater resources in the County. 1. Strategy 1a: Continue to proactively work to restore impaired streams and waterways and protect healthy ones by continuing efforts with State agencies, the City of Charlottesville, University of Virginia, and local stakeholders, especially to address new State stormwater mandates pertaining to impaired waters. Staff comment: During the work last summer with the Board on the new stormwater regulations, staff provided an examination of data collected by a number of governmental agencies and others, followed by a review of the existing County programs and potential new programs to address the gaps that had been identified. While the intent was to carry this forward to consideration of Board interest in the development of a County-wide water resources plan, that question was never addressed by the Board and no further consideration has been given to how such an effort would be conducted. Given current workloads, combined with initiatives that staff has already been directed to undertake and the current effort towards implementation of the new stormwater regulations, staff anticipates it would be mid 2015 before we could be in a position to restart this process without changing priorities or stopping work on initiatives that the Board has already directed staff t o begin. If there is Board interest in development of a County-wide water resources plan, staff will plan to include it in the annual review of Community Development's work plan, which is tentatively scheduled for February 2015. Staff recommendation: Staff recommends that Strategy 1a be modified or another strategy added to indicate the need to consider development of a County-wide water resources plan. As part of that plan, consideration should be given to establishing a single entity in the County to be responsible for managing water resources and sufficient staff to carry out the water resource program. Such a plan should address both surface water and groundwater. 2. Strategy 1b: Assure alignment between the Water Protection Ordinance and the County’s goal and objectives for water resources. Staff comment: This strategy and the text relating to it speak directly to the need for a County -wide water resources plan. In addition to making sure that all water-related efforts are incorporated, it 2 of 3 Attachment C BOS 6-4-14 would be important to address the ways in which a water resources data base could be established and maintained and how collaborative work with federal, state, and local data collectors is essential to ensure success of the plan. Staff recommendation: Same recommendation as provided on prior page. 3. Strategy 1c: Continue to follow growth management strategies to keep future demand from Rural Area residential development from exceeding the available groundwater supply. Staff comment: A concern of one member of the public has to do with how local government can actually ensure that demand does not exceed available groundwater supply. Staff agrees that ensuring demand for groundwater does not exceed supply is a difficult, if not impossible task. However, this strategy ties back to actions to implement the growth management policy and provides a further basis for why continued residential development is not desired in the Rural Area Staff recommendation: Staff recommends that this issue be tied back to the rationale for a water resources plan and also cross-referenced to the Rural Area Chapter as an additional reason to protect the Rural Area from residential development. 4. Strategy 1d: Promote the concept of water conservation as a community-wide issue. Initiate proactive measures to encourage community-wide water conservation and use efficiency through multi-agency programs. Staff comment: A concern from a group providing comments on the Plan has been the need for measurable change with this strategy. The County does not directly monitor water usage; however, that information is available from the Albemarle County Service Authority. Staff recommendation: A measurement of success, such as “reduction in per capita usage of public water” was not discussed by the Planning Commission; however, it can easily be added as a measure of success in the Implementation Chapter. 5. Strategy 1e: Provide funding for and re-create a groundwater program to help protect wells and groundwater resources in the Rural Area. Staff comment: A concern from a group providing comments on the Plan has been the need to further define the activities needed for groundwater protection in the areas of 1) gauging changes in groundwater levels and water quality over time; 2) educating property owners on the importance of septic system maintenance such as identification and monitoring of underground storage tanks; and 3) coordination with other agencies on collecting, maintaining, and disseminating information among other agencies. Staff recommendation: It is expected that these items would be covered in the development of a water resources plan. Identifying them in the Comprehensive Plan as important features in that Plan is appropriate. 6. Strategy 1g: Continue to follow growth management strategies to keep commercial and industrial land uses in the Development Areas to prevent runoff and discharge which can degrade the quality of groundwater. 3 of 3 Attachment C BOS 6-4-14 Staff comment: A concern from an individual was raised as to whether this strategy belongs in the Natural Resources Chapter of the Plan or elsewhere. Staff recommendation: Staff agrees that this recommendation is awkward where it is located in the Plan. It was intended to acknowledge the impacts of non -residential land. It can be added to the Development Area Chapter as one of the rationales for commercial and industrial uses in the Development Area and cross-referenced back to the Natural Resources Chapter. 1 of 2 Attachment D BOS 6-4-14 ATTACHMENT D Background and Discussion on Text and Strategies for Preserving Mineral Resources while Recognizing Economic Benefits Objective 3: Preserve the County’s mineral resources while recognizing their economic benefits. (Page 4.21) Strategy 3a on page 4.22 of the Plan which says, “Consider expanding the Natural Resource Extraction Overlay District to cover areas near Schuyler where soapstone has historically been quarried.” Staff comment: Albemarle County regulates mineral extraction through the Natural Resources Extraction Overlay District, as indicated in the Zoning Ordinance. There are four places in Albemarle County where the overlay district exists: 1) Near Keswick – Luck Stone, 2) west of Rio Mills Road and north of the Reservoir, 3), near North Garden, and 4) southeast of Glenmore, near the Fluvanna County line. The soapstone which exists in Albemarle County is a specialized type that is only found near Schuyler and in Nelson County. The soapstone mines near Schuyler are not zoned Natural Resource Overlay Extraction District. During its review of the Comprehensive Plan update, the Planning Commission discussed the importance of supporting local business and industry and placed specific emphasis on the soapstone extraction activities taking place near Schuyler. In making its recommendations, the Commission was clear that general mineral extraction County-wide was not desirable; however, the Commission wanted to recognize a specific resource in the County which provides economic benefits. The text which follows Strategy 3a says, “The Natural Resources Extraction Overlay District is a zoning district which allows for mineral extraction in areas where the extraction will not conflict with adjacent land uses. Additionally, the quarrying must be carried out without adverse effects on other environmental resources or living systems, or on public health, safety, and welfare. Consideration should be given to expanding the overlay to include quarries historically used for soapstone extraction in the area near Schuyler.” Although no public concerns were raised during the Planning Commission’s consideration of this Comprehensive Plan recommendation, the Board of Supervisors has received multiple comments from residents in the Schuyler area of the County who have raised concerns about access to mines, impacts to the environment, especially water quality, and impacts to health. These concerns stem, in part, from the above noted Comprehensive Plan recommendations that they believe could provide a basis for approving future requests to rezone properties to Natural Resource Extraction Overlay District. The Commission did not express a desire for a proactive rezoning by the County and the strategy does not commit the County to rezone properties in th e future as all requests for the Natural Resource Extraction Overlay District are evaluated on their own merit. Before approving this overlay on any property, the Board would need to determine that the rezoning is “unlikely to create effects adverse to public health, safety and welfare or to the value of adjacent properties; and specifically where existing roads will not make it necessary to conduct trucking operations through developed residential areas or areas likely to be developed for resident s during the course of any extractive use.” (Source Albemarle County Zoning Ordinance, Section 30.4) In a matter separate from the Comprehensive Plan recommendation, a property owner in the Schuyler area asked the Zoning Administrator to make an official determination on the legal status of properties 2 of 2 Attachment D BOS 6-4-14 that had been quarried in the past. The Zoning Administrator made a finding of nonconformity on the property for which the request was made and the owner began quarrying activities. These activities raised concerns of two adjacent residents/property owners who would be impacted by truck traffic and quarrying activities. Mineral rights were not conveyed to those two owners in the purchase of their land. The owner of the mineral rights has established intent to mine on the two residential properties. The two residential property owners adjacent to property found to be a nonconforming quarry, have submitted an application for a determination that nonconforming rights to quarry have been extinguished on their own property. Both parties (these owners and the quarry owner) have submitted volumes of information covering 45 years. The Zoning Administrator is in the process of reviewing this information and formulating a determination about these residential lots. While this is not a Comprehensive Plan matter, Amelia McCulley will be at the Board work session and can answer questions regarding this determination. 1 of 6 Attachment E BOS 6-4-14 ATTACHMENT E Changes recommended to the Text and Strategies for Biodiversity from Lonnie Murray, Chair of Natural Heritage Committee Staff and Supervisor Mallek received an email dated January 17, 2014 regarding a request to add to the text additional ways to implement biodiversity protection in the Development Areas. A copy of the email follows this analysis of the request. Mr. Murray, Chair of the Natural Heritage Committee (NHC) specifically noted that there are significant natural resources and habitats in the Development Areas that are worthy of protection. He suggested that the Comprehensive Plan enumerate exactly how biodiversity protection in the Development Areas is implemented by considering specific recommend-dations which are restated below with a staff recommendation. In most cases, the Comprehensive Plan already contains the recommendations, albeit in a different chapter. To help readers make the cross-chapter connections, staff can create cross- references in the final draft. Staff has provided a response to each of Mr. Murray’s suggestions below:  Encouraging the use of native plants in new construction. Staff comment: Staff believes this item is already covered in Strategy 4g which says: Strategy 4g: Encourage the use of native plants in landscaping to protect and provide habitat for native biodiversity, save water, and connect landowners to the local ecosystem.  Preserving existing vegetation where possible. Staff comment: Staff believes this item is already covered in the text to “preserve wooded riparian areas, wetlands, and habitat corridors” (top of page 4.24) in the biodiversity section and on pages 8.29 and 8.30 in the Development Areas Chapter. Emphasis is placed on preserving systems of environmental features that have been identified on the Master Plans. Objective 6: Preserve natural systems which are shown for preservation on Master Plan Land Use maps. Strategy 6a: Continue to provide detailed information on elevation, steep slopes, streams, stream buffers, floodplain, and wooded areas through the County’s Geographic Information System (GIS) on-line database and share this information with property owners and developers. Strategy 6b: Review County Code requirements for preserving environmental features and, where needed, tighten restrictions so that these features can be preserved in the Development Areas.  Preserving greenways important for meeting goals for recreation and water quality. Staff comment: Staff believes this item is already covered on page 11.10 in the text, “Greenways and greenway trails have several functions in Albemarle. Specifically, they: 1. Protect important and sensitive resources – Greenway corridors preserve and maintain streamside forests and buffer areas, 2 of 6 Attachment E BOS 6-4-14 highly productive and diverse systems that provide many important benefits such as water quality and habitat”. Cross-referencing will help clarify relationships between greenways and biodiversity.  Identifying specific trees by the Tree Commission that are worthy of protection. Staff comment: Unlike the City of Charlottesville, Albemarle County does not have a Tree Commission or a policy which suggests that important trees in the Development Areas be identified. Staff recommendation: Staff does not recommend this change without further discussion by the Planning Commission and Board of Supervisors. Adding this language represents a significant policy change and implementation would likely require more staff resources.  Use of appropriately sized native trees and goals for urban tree canopy. Staff comment: During the joint City-County Planning Commission work, the Albemarle Planning Commission reviewed the Charlottesville tree canopy goals and discussed the potential for tree canopy goals for the Development Areas. Because the current tree canopy in the Development Areas is 57%, the Commission didn’t believe it necessary to establish goals at this time. The insert below is in the Livability Project Performance Measurement System. Staff recommendation: Staff does not recommend this change without further discussion. Planting native trees is covered in the first bullet on the prior page. The Zoning Ordinan ce requires specific tree canopies for developments that need a site plan. 3 of 6 Attachment E BOS 6-4-14 Mr. Murray made recommendations regarding urban streams which will be discussed with the Board in conjunction water resource recommendations.  Preservation of critical slopes associated with streams, river bluffs, mountain coves, or identified important habitats. Staff comment: Staff believes this item is already covered in Objective 6 in Chapter 8, Development Areas.  Encourage integration of pollinator habitat into urban design with rain gardens, green roofs, vertical gardens, etc. Also, encourage use of medians and parking islands for stormwater treatment and pollinator habitat. (See Monticello’s new visitor center for many excellent examples.) Staff comment: At present, staff has not been involved in stormwater management designs that deal with pollinator habitat. However, if the Board agrees, the need to look into pollinator habitat could be identified in the biodiversity section with recommendations for guidelines to be integrated into the Development Area Design Guidance in the Appendix , once they are developed. Staff and Supervisor Mallek received an email dated March 12, 2014 from the Natural Heritage Committee chair regarding a request to update to the priority sites for protection.  The owner of the Pinkerton Slash has voluntarily maximized conservation measures of their property to the extent that it should now be removed as a priority for protection. Staff comment: The list of priority conservation sites presented to the Board by the NHC in 2007 was intended as an action list at that point in time, seven years ago. The list was not adopted into the Comprehensive Plan, so removing it from the current draft would pose no problem. Staff recommendation: Staff recommends that, rather than making piecemeal alterations to a list that only exists in a report, the NHC assist in the production of a revised list of short -term conservation targets as part of its upcoming analysis work.  Preddy Creek is now County owned, and while continued good stewardship by the county of this precious resource is still a high priority, it may more appropriately be a goal for parks to safeguard parkland that is on our biodiversity list, as opposed to being a conservation priority per se. Staff comment: The Preddy Creek Wetlands listed in the Biodiversity Work Group report and the NHC’s 2007 annual report are not located in Preddy Creek Trail Park, but farther downstream along Preddy Creek, and are not within any public land. Given that, staff believes that the wetland area is still an appropriate conservation target. Portions of that area are under conservation easements, so staff would need to further research the easements to see if they include any terms to protect the wetlands. Staff recommendation: As recommended above, staff recommends that, rather than making piecemeal alterations to a list that only exists in a report, the NHC assist in the production of a revised list of short-term conservation targets as part of its upcoming analysis work. 4 of 6 Attachment E BOS 6-4-14  There should also be some acknowledgement that, as new high priority sites are reported and others successfully conserved, this list will remain dynamic. Staff comment: As previously explained, the list of priority conservation sites presented to the Board by the NHC in 2007 was intended as an action list at that point in time, seven years ago. As an action list outside of the Plan, such an acknowledgement makes sense. Staff recommendation: Staff agrees that such an acknowledgment should be made as part of any future NHC action recommendations and in the Biodiversity Action Plan. 5 of 6 Attachment E BOS 6-4-14 6 of 6 Attachment E BOS 6-4-14 1 of 2 Attachment F BOS 6-4-14 ATTACHMENT F Recommended Changes to Text and Strategies for Protecting Residents and Properties from Flooding In recent months, staff and Board have worked to update the Flood Hazard Overlay District (FHOD) regulations to achieve conformity with federal requirements. The work on the FHOD occurred after the Planning Commission had made its recommendations in relation to floodplain management. This work, recent reviews of requests for fill in the floodplain, and requests for levees have prompted s taff to recommend the following additions to the text, strategies, and recommendations for Objective 7, Strategy 7a. Objective 7: Protect residents and properties from damage which can be prevented when natural hazards are present. Strategy 7a: Through continued application of the Flood Hazard Overlay District, protect floodplains from uses that impair the function of the floodplain. Staff comment: Staff believes that additional explanations are needed in this section on the County’s history in regulating development in the floodplain and the distinctions between protecting the capacity of the floodplain and protecting life and property. More explanation is needed on how fill in the floodplain affects the FEMA flood insurance program and insurance rates for property owners. Potential ways to help protect people and property should also be included in the text. This additional text will help the County explain to the public why fill in the floodplain is regulated and provide better direction for reviewing fill-in-the-floodplain requests. The section will also recommend ways in which loopholes can be closed and insurance rates potentially be reduced. Staff recommendation: 1. Add a sentence to indicate that since 1980, the County has chosen to exceed the minimum regulatory standards to better limit the impacts on life and property due to flooding. 2. Create separate strategies for protecting and preserving capacity of the floodplains and for protecting people and property from flood hazards 3. Provide examples of how incremental change can affect the stream bank and function of the floodplain. 4. Identify how the FEMA definitions of floodway and floodway fringe can allow extensive alterations. Because of its definitions, FEMA does not consider factors ot her than flood elevations and flow. However, factors, such as storage of floodwaters, flow velocity, river and stream evolution, and riparian buffers are very important to assess. 5. Discuss how fill in the floodplain affects the FEMA flood insurance progra m and how participation in the FEMA community rating system could help with insurance rates for property owners. 6. Discuss how changes to the floodplain and loopholes in the FEMA regulations can affect property and people. 2 of 2 Attachment F BOS 6-4-14 7. Identify how changes to the floodplain by the construction of levees creates risk if the levees aren’t maintained, monitored, and equipped with mechanical drainage and warning systems. 8. Identify several changes to the County’s zoning ordinance which could be considered to help protect people and property such as use of freeboard (an additional height requirement above the base flood elevation that provides a margin of safety against extraordinary or unknown risks as well as accounting for flood increases), requiring setbacks, prohibiting fill and levees, or development of other standards. Add to the list of floodplain protection activities to pursue:  Study other considerations for the review of proposals for development in the floodplain, such as storage of floodwaters, flow velocity, river and stream evolution resulting from bank and bed movement, and impact of riparian buffers.  Study options to close loopholes, such as the loophole which allows for new basement construction which is lower than flood levels when a levee is built.  Study measures to further diminish future flooding and impacts , such as the imposition of a freeboard.