HomeMy WebLinkAbout2014-12-10Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
DECEMBER 10, 2014
ROOM 241
COUNTY OFFICE BUILDING
4:00 p.m.
1. Call to Order.
2. Joint Meeting with School Board
a. Review of Capital Improvement Plan (CIP) Oversight Committee Recommendations. (Trevor
Henry, Director of the Office of Facilities Development)
4:45 p.m. – 5:00 p.m. - Recess
Board of Supervisors
3. 5:00 p.m. – 6:00 p.m. - Work Session and Action: Five Year Financial Plan
(continuation). (Lori Allshouse, Director of the Office of Management and Budget)
6:00 p.m. – 6:30 p.m. - Recess
6:30 p.m.
4. Reconvene and Call to Order Night Meeting
5. Pledge of Allegiance.
6. Moment of Silence.
7. Adoption of Final Agenda.
8. Brief Announcements by Board Members.
9. From the Public: Matters Not Listed for Public Hearing on the Agenda.
10. Consent Agenda (for approval-action required).
Action Items:
11. Regional Firearms Training Center - Approve Terms of Land Lease and Operating
Agreements and Additional Funding. (Doug Walker, Deputy County Executive, Trevor Henry,
Director of the Office of Facilities Development)
12. Work Session: Community Engagement Strategies and Future Direction. (Lee Catlin,
Assistant County Executive)
13. Update from Draper Aden Associates regarding discussion with DEQ on possible Ivy MUC
transfer station alternatives and timeframe for action. (Doug Walker)
Discussion:
14. Chairman, Year in Review. (Jane Dittmar)
15. County Executive, Year in Review. (Tom Foley)
16. From the Board: Committee Reports and Matters Not Listed on the Agenda.
17. From the County Executive: Report on Matters Not Listed on the Agenda.
18. Adjourn.
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Tentative
CONSENT AGENDA
FOR APPROVAL:
10.1 ZMA-2012-00002. Variations from Riverside Village Application Plan and Code of
Development. (Ellie Ray)
10.2 Albemarle County Service Authority Sales Contract Extension-East Rivanna/Glenmore
Water Storage Facility. (Dan Eggleston)
10.3 FY 2015 Budget Amendment and Appropriations. (Lori Allshouse)
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA201200002 Variations from Riverside Village
Application Plan and Code of Development
SUBJECT/PROPOSAL/REQUEST:
Adoption of a Resolution approving variations to the
approved Application Plan and Code of Development
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, Cilimberg, Benish, Ray
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 10, 2014
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
A zoning map amendment was approved for Riverside Village (ZMA201200002) on November 13, 2013 that rezoned the
property from R-1 to Neighborhood Model District (NMD), inclusive of an Application Plan and Code of Development
(Attachment A). A Site Plan is now under review for this property (SDP201400043). During the Site Plan review, several
inconsistencies and items needing clarification in the Application Plan and Code of Development have been identified.
The applicant has submitted two variation requests (Attachm ents B and C) to clarify tables and to slightly modify side
setbacks in certain blocks within the Application Plan and Code of Development.
STRATEGIC PLAN:
Development Areas: Attract quality employment, commercial, and high density residential uses into development
areas by providing services and infrastructure that encourage redevelopment and private investment while protecting
the quality of neighborhoods.
DISCUSSION:
County Code § 18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development
upon considering whether the proposed variation: (1) is consistent with the goals and objectives of the comprehensive
plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely
affect the timing and phasing of development of any other development in the zoning district; (4) does not require a
special use permit; and (5) is in general accord with the purpose and intent of the approved application. The requested
variations are for minor changes to the Minimum Green Space, Civic Areas, and Amenities by Block Table in Section
VII, the Landscape Treatments Table in Section IX, and to change the side setbacks in certain Blocks (2, 3, and 4)
from zero feet (with a minimum eight foot building separation) to three feet with no minimum building separation. The
requested changes to the two tables include clarifying the references to green spaces and civic areas, revising the
minimum size of the green space area within the “muse” civic area from 13,000 to 5,000 square feet, integrating ARB
recommended landscaping for stormwater management facilities located in the Entrance Corridor, and revising other
landscaping requirements (Attachment B). The requested side setback change in Blocks 2, 3, and 4 (Attachment C)
has been reviewed by the Department of Fire Rescue and Zoning staff and each has no objection to the proposed
change because the standards to which the structures are built under the Building Code will determine the minimum
building separation. Staff opinion is that the requested variations meet the five criteria listed above and will help to
clarify the requirements set out in the Application Plan and Code of Development.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment D) approving the special exception to
vary the Riverside Village Application Plan and Code of Development subject to the following condition:
1. Before it obtains approval of the final Site Plan (SDP201400043), the applicant shall provide a complete
amended Application Plan and Code of Development reflecting the approved variations as provided on the
Applicant’s Landscape and Green Space Tables Variation Request dated October 20, 2014 and last revised
on November 14, 2014, and the Applicant’s Side Setback Variation Request dated August 26, 2014 and last
revised on November 14, 2014, both of which are attached hereto.
ATTACHMENTS:
A. Riverside Village Approved Application Plan and Code of Development
B. Landscape and Green Space Tables Variation Request
C. Side Setback Variation Request
D. Resolution
Return to consent agenda
Return to regular agenda
Riverside Village NMD Application Variation Request
(ZMA201200002)
Landscape Treatments
ZMA Application Attachment
TMP: 07800-00-00-05800
Date: October 20, 2014
Rev: November 5, 2014
Rev: November 14, 2014
Request:
In accordance with Section 8.5.5.3 Paragraph (a) sub-paragraph 1 of the Albemarle County Zoning
Ordinance, the Applicant requests a variation from the approved Application Plan for Riverside
Village NMD (ZMA201200002) dated May 5, 2012 and revised most recently on September 6, 2013;
the applicant wishes to remove and clarify landscape screening requirements in the Rezoning
Application Plan.
Current Zoning:
Requested Variation:
Specifics of Request:
• The current language references certain elements (SWM facilities #1, #2, #3, and Northern
Buffers #1, #2, and #3) which are not identified on the Application Plan. The proposed
changes replace this language with more general terminology that carries forward the
intent of the approved zoning and allows a consistent County review of current and future
development plans.
• The intent of the current buffer language is to provide a visual screen between the
adjacent Elks Lodge property and the rear alley way of block 2A. A screen buffer already
exists between the future Block 4 (which has a 20’ yard requirement) and the adjoining
property owner to the north.
• It is at the request of the ARB (during zoning and site plan approval) to provide specific
design guidelines pertinent to the integration of landscaping and stormwater
management facilities along the Route 20 entrance corridor.
• Changed Green Space Requirement to “Minimum Green Space Requirement” (11/05/14
revision)
• Changed Muse Green Space minimum area requirement to 5,000 SF (11/05/14 revision)
to remove pavers from green space calculation.
The Variation request meets the requirements of 8.5.5.3 Paragraph c:
1. The requested variation does not change the way the application plan addresses the
goals and objectives of the comprehensive plan;
2. The requested variation does not increase the approved development density or
intensity of development;
3. The requested variation does not adversely affect the timing and phasing of
development of any other development in the zoning district;
4. The requested variation does not require a special use permit; and
5. The requested variation, as demonstrated above, is in general accord with the
purpose and intent of the approved application.
In summary, this variation will eliminate discrepancies in the Application Plan and allow a more
unified approach to current and future County review of development plans.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering, P.C.
201 E. Main Street
Charlottesville, VA 22902
(434) 207-8086
Riverside Village NMD Application Variation Request
(ZMA201200002)
Permitted Side Setbacks for Blocks 2, 3, and 4
ZMA Application Attachment
TMP: 07800-00-00-05800
Date: August 26, 2014
Rev: November 14, 2014
Request:
In accordance with Section 8.5.5.3 Paragraph (a) sub-paragraph 1 of the Albemarle County Zoning
Ordinance, the Applicant requests a variation from the approved Application Plan for Riverside
Village NMD (ZMA201200002) dated May 5, 2012 and revised most recently on September 6, 2013;
the applicant wishes to allow a 3’ side setback in Blocks 2, 3, and 4 as shown on Sheet 4 of the
Application Plan and described in the “Lot/Parking/Building Regulations” table on the same page.
Current Zoning:
Requested Variation:
Specifics of Request:
• The intent of the current language is to allow zero lot lines with 8’ separation between
foundations (as shown in the Illustrative Plan below), which the Applicant no longer wishes
to permit.
• The intent was, and still is, to permit a 32’ wide single family detached residence on a 40’
lot. A 3’ (three foot) side setback will permit a 32’ wide single-family detached residence
on a 40’ lot without a concern for overhang (or foundation) infringements of 1-2 inches.
The Variation request meets the requirements of 8.5.5.3 Paragraph c:
1. The requested variation does not change the way the application plan addresses the
goals and objectives of the comprehensive plan;
2. The requested variation does not increase the approved development density or
intensity of development;
3. The requested variation does not adversely affect the timing and phasing of
development of any other development in the zoning district;
4. The requested variation does not require a special use permit; and
5. The requested variation, as demonstrated above, is in general accord with the
purpose and intent of the approved application.
In summary, this variation will allow a single-family detached product in Blocks 2,3, and 4 that
the Applicant has always assumed would be permitted.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering, P.C.
201 E. Main Street
Charlottesville, VA 22902
(434) 207-8086
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR ZMA 2012-00002, RIVERSIDE VILLAGE
WHEREAS, Riverside Village Properties Inc. (“Riverside Village”) is the owner of Tax Map and
Parcel Number 07800-00-00-05800 (the “Property”); and
WHEREAS, Riverside Village filed a request for a special exception in conjunction with SDP 2014-
00043, Riverside Village, to vary the application plan and the code of development approved in conjunction
with ZMA 2012-00002, Riverside Village, to: (1) amend the descriptions and requirements in two tables in
the code of development pertaining to green space, civic areas, amenities, and landscape treatments as
depicted on the Applicant’s Landscape and Green Space Tables Variation Request dated October 20, 2014
and last revised on November 14, 2014; and (2) vary the side setback requirements in the application plan
and the code of development by increasing the side setback from zero feet (with a minimum eight foot
building separation) to three feet in Blocks 2, 3 and 4, as depicted on the Applicant’s Side Setback Variation
Request dated August 26, 2014 and last revised on November 14, 2014.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive
summary prepared in conjunction with the special exception requests, staff’s supporting analysis included in
the executive summary, and all of the factors relevant to the special exceptions in Albemarle County Code §§
18-8.5.5.3(c) and 18-33.8, the Albemarle County Board of Supervisors hereby approves the special exception
to vary the application plan and the code of development approved in conjunction with ZMA 2012-00002,
Riverside Village, as described hereinabove, subject to the condition attached hereto.
* * *
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 ____ ____
SDP 2014-000043 Riverside Village Special Exception Condition
1. Before it obtains approval of the final Site Plan (SDP 201400043), the applicant shall provide a
complete amended Application Plan and Code of Development reflecting the approved variations as
provided on the Applicant’s Landscape and Green Space Tables Variation Request dated October 20,
2014 and last revised on November 14, 2014, and the Applicant’s Side Setback Variation Request
dated August 26, 2014 and last revised on November 14, 2014, both of which are attached hereto.
Riverside Village NMD Application Variation Request
(ZMA201200002)
Landscape Treatments
ZMA Application Attachment
TMP: 07800-00-00-05800
Date: October 20, 2014
Rev: November 5, 2014
Rev: November 14, 2014
Request:
In accordance with Section 8.5.5.3 Paragraph (a) sub-paragraph 1 of the Albemarle County Zoning
Ordinance, the Applicant requests a variation from the approved Application Plan for Riverside
Village NMD (ZMA201200002) dated May 5, 2012 and revised most recently on September 6, 2013;
the applicant wishes to remove and clarify landscape screening requirements in the Rezoning
Application Plan.
Current Zoning:
Requested Variation:
Specifics of Request:
• The current language references certain elements (SWM facilities #1, #2, #3, and Northern
Buffers #1, #2, and #3) which are not identified on the Application Plan. The proposed
changes replace this language with more general terminology that carries forward the
intent of the approved zoning and allows a consistent County review of current and future
development plans.
• The intent of the current buffer language is to provide a visual screen between the
adjacent Elks Lodge property and the rear alley way of block 2A. A screen buffer already
exists between the future Block 4 (which has a 20’ yard requirement) and the adjoining
property owner to the north.
• It is at the request of the ARB (during zoning and site plan approval) to provide specific
design guidelines pertinent to the integration of landscaping and stormwater
management facilities along the Route 20 entrance corridor.
• Changed Green Space Requirement to “Minimum Green Space Requirement” (11/05/14
revision)
• Changed Muse Green Space minimum area requirement to 5,000 SF (11/05/14 revision)
to remove pavers from green space calculation.
The Variation request meets the requirements of 8.5.5.3 Paragraph c:
1. The requested variation does not change the way the application plan addresses the
goals and objectives of the comprehensive plan;
2. The requested variation does not increase the approved development density or
intensity of development;
3. The requested variation does not adversely affect the timing and phasing of
development of any other development in the zoning district;
4. The requested variation does not require a special use permit; and
5. The requested variation, as demonstrated above, is in general accord with the
purpose and intent of the approved application.
In summary, this variation will eliminate discrepancies in the Application Plan and allow a more
unified approach to current and future County review of development plans.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering, P.C.
201 E. Main Street
Charlottesville, VA 22902
(434) 207-8086
Riverside Village NMD Application Variation Request
(ZMA201200002)
Permitted Side Setbacks for Blocks 2, 3, and 4
ZMA Application Attachment
TMP: 07800-00-00-05800
Date: August 26, 2014
Rev: November 14, 2014
Request:
In accordance with Section 8.5.5.3 Paragraph (a) sub-paragraph 1 of the Albemarle County Zoning
Ordinance, the Applicant requests a variation from the approved Application Plan for Riverside
Village NMD (ZMA201200002) dated May 5, 2012 and revised most recently on September 6, 2013;
the applicant wishes to allow a 3’ side setback in Blocks 2, 3, and 4 as shown on Sheet 4 of the
Application Plan and described in the “Lot/Parking/Building Regulations” table on the same page.
Current Zoning:
Requested Variation:
Specifics of Request:
• The intent of the current language is to allow zero lot lines with 8’ separation between
foundations (as shown in the Illustrative Plan below), which the Applicant no longer wishes
to permit.
• The intent was, and still is, to permit a 32’ wide single family detached residence on a 40’
lot. A 3’ (three foot) side setback will permit a 32’ wide single-family detached residence
on a 40’ lot without a concern for overhang (or foundation) infringements of 1-2 inches.
The Variation request meets the requirements of 8.5.5.3 Paragraph c:
1. The requested variation does not change the way the application plan addresses the
goals and objectives of the comprehensive plan;
2. The requested variation does not increase the approved development density or
intensity of development;
3. The requested variation does not adversely affect the timing and phasing of
development of any other development in the zoning district;
4. The requested variation does not require a special use permit; and
5. The requested variation, as demonstrated above, is in general accord with the
purpose and intent of the approved application.
In summary, this variation will allow a single-family detached product in Blocks 2,3, and 4 that
the Applicant has always assumed would be permitted.
Prepared and submitted on behalf of the Applicant by:
Justin Shimp, P.E.
Shimp Engineering, P.C.
201 E. Main Street
Charlottesville, VA 22902
(434) 207-8086
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Service Authority Sales Contract
Extension-East Rivanna/Glenmore Water Storage Facility
SUBJECT/PROPOSAL/REQUEST:
Adopt a Resolution to extend the settlement deadline
for the County’s sale of easements to the Albemarle
County Service Authority for a proposed water storage
facility to be located on property adjacent to Glenmore
(TMP 93A1-2)
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, and Eggleston
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 10, 2014
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Nearly two years ago, staff worked in conjunction with the East Rivanna Volunteer Fire Company (ERVFC) to negotiate
the sale of permanent easements to the Albemarle County Service Authority (ACSA) for a portion of the unused East
Rivanna firehouse property, which is jointly owned by the County and the ERVFC (TMP 93A1-2). The ACSA is seeking to
construct a water storage facility on the property to serve the Rivanna Village community, which includes Glenmore.
The property was acquired by proffer when the Glenmore Planned Development was approved in 1990. The six-acre
parcel was proffered for a fire station and/or other public facilities. ERVFC currently fully utilizes approximately 2.62 acres
for the fire station, leaving approximately 3.38 acres unused. The proposed permanent easement for the water tank will
utilize approximately .48 acres of the site.
At its January 16, 2013 meeting, the Board approved the parties’ sales contract by resolution (see January 16, 2013
executive summary, Attachment A). The contract includes a provision that the closing/settlement of the sale is to take
place no later than December 31, 2014. The ACSA has recently contacted County staff, requesting an amendment of the
sales contract to allow an extension of the settlement deadline to March 31, 2015.
STRATEGIC PLAN:
Critical Infrastructure: Prioritize, plan and invest in critical infrastructure that responds to past and future changes and
improves the capacity to serve community needs.
DISCUSSION:
The sales contract provides that the County and the ERVFC will receive $100,000 from the ACSA and will grant
several easements related to ACSA’s proposed installation of a water storage tank and/or pump station, including a
perpetual easement for the location of the water storage facility, a permanent access easement across the existing
ERVFC parking lot onto Steamer Drive, and waterline and temporary construction easements. The proposed location
of the easements is shown on the attached sketch (Attachment B). The exact location and dimensions of the
easements will be shown on a final plat to be prepared by the ACSA and approved by the County Attorney’s Office.
County staff has no objection to the requested amendment and extension. ACSA is making the same request of
ERVFC. ERVFC consent would be necessary for the closing date to be extended.
BUDGET IMPACT:
The easements have been valued at $100,000. No budget impact is expected from the proposed extension.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to authorize the County Executive to
execute all legal documents, in a form approved by the County Attorney, necessary to amend the previously-approved
sales contract with the ACSA to allow an extension of the settlement deadline to March 31, 2015.
ATTACHMENTS:
A – January 16, 2013 Executive Summary
B – Sketch of proposed easements
C – Resolution
D – Amendment to Sales Contract
Return to consent agenda
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Service Authority Sales Contract
– East Rivanna / Glenmore Water Storage Facility
SUBJECT/PROPOSAL/REQUEST:
Public hearing to consider selling easements to the
Albemarle County Service Authority for a proposed water
storage facility to be located on property adjacent to
Glenmore (TMP 93A1-2)
STAFF CONTACT(S):
Messrs. Foley, Davis, Herrick, and Eggleston
PRESENTER (S): Tom Foley
LEGAL REVIEW: Yes
AGENDA DATE:
January 16, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Staff has worked in conjunction with the East Rivanna Volunteer Fire Company (ERVFC) to negotiate the sale of
permanent easements to the Albemarle County Service Authority (ACSA) for a portion of the unused East Rivanna
firehouse property, which is jointly owned by the County and the ERVFC (TMP 93A1-2). The ACSA is seeking to construct
a water storage facility on the property to serve the Rivanna Village community, which includes Glenmore.
The property was acquired by proffer when the Glenmore Planned Development was approved in 1990. The six-acre
parcel was proffered for a fire station and/or other public facilities. ERVFC currently fully utilizes approximately 2.62 acres
for the fire station, leaving a balance of 3.38 acres. The proposed permanent easement for the water tank will utilize
approximately .48 acres of the site.
Negotiations related to this transaction are now complete and staff is requesting Board approval for the County Executive
to execute the three-party sales contract for ACSA’s acquisition of these easements.
STRATEGIC PLAN:
Goal 2. Provide community facilities that meet existing and future needs.
DISCUSSION:
The proposed sales contract (Attachment A) has been reviewed and approved by the ACSA and the Board of
Directors of the ERVFC. The sales contract provides that the County and the ERVFC will receive $100,000 from the
ACSA and will grant several easements related to ACSA’s proposed installation of a water storage tank and/or pump
station, including a perpetual easement for the location of the water storage facility, a permanent access easement
across the existing ERVFC parking lot onto Steamer Drive, and waterline and temporary construction easements. The
proposed location of the easements is shown on the attached sketch (Attachment B). The exact location and
dimensions of the easements will be shown on a final plat to be prepared by the ACSA and approved by the County
Attorney’s Office. The contract also provides for a closing/settlement date no later than December 31, 2014 to allow
the ACSA to complete all necessary plan development and review processes for the installation of the tank and
associated water lines. The County Attorney’s Office has reviewed and approved the proposed sales contract as to
form.
BUDGET IMPACT:
The easements have been valued at $100,000. Proceeds from the sale of the easements are to be dedicated to the
County’s CIP fund, and to be specifically allocated to the ERVFC to complete needed building/facility repairs, in
accordance with County Policy SAP-DEP-018, Volunteer Capital Funding for Facilities (Attachment C).
RECOMMENDATIONS:
After the public hearing, staff recommends that the Board adopt the attached Resolution (Attachment D) to authorize
the County Executive to execute the sales contract and all legal documents, in a form approved by the County
Attorney, necessary to complete the sale of the easements to the ACSA on and across TMP 93A1-2 for the location of
a water storage facility and water lines to serve the Rivanna Village community.
AGENDA TITLE: Albemarle County Service Authority Sales Contract – East Rivanna / Glenmore Water Storage
Facility
January 16, 2013
Page 2
ATTACHMENTS:
A – Sales Contract
B – Sketch of proposed easements
C – County Policy SAP-DEP-018
D – Resolution
RESOLUTION TO AUTHORIZE
THE AMENDMENT OF A SALES CONTRACT FOR EASEMENTS ON AND
ACROSS TAX MAP PARCEL 93A1-2 TO THE
ALBEMARLE COUNTY SERVICE AUTHORITY
WHEREAS, the East Rivanna firehouse property (Tax Map Parcel 093A1-00-00-
00200) is jointly owned by the County and the East Rivanna Volunteer Fire Company
(“ERVFC”); and
WHEREAS, for and in consideration of $100,000, the Albemarle County Board of
Supervisors agreed, by Resolution dated January 16, 2013, to grant permanent easements
and temporary construction easements on and across TMP 93A1-2 to the Albemarle
County Service Authority (“ACSA”) necessary for the ACSA to locate and install a water
storage facility and water lines to serve the Rivanna Village community; and
WHEREAS, the ERVFC Board of Directors also approved the sale of the
easements to the ACSA; and
WHEREAS, the ACSA has recently requested that the parties’ sales contract be
amended to extend the settlement deadline from December 31, 2014 to March 31, 2015;
and
WHEREAS, the Albemarle County Board of Supervisors does not object to the
requested contract amendment or extension.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby authorizes the County Executive to execute all legal documents, in a
form approved by the County Attorney, necessary to amend the contract for the sale of the
easements to the ACSA on and across TMP 93A1-2, to extend the settlement deadline
from December 31, 2014 to March 31, 2015.
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 by vote of
____ to ____, as recorded below, at a meeting held on December 10, 2014.
_________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ___ ___
Ms. Dittmar ___ ___
Mrs. Mallek ___ ___
Ms. McKeel ___ ___
Ms. Palmer ___ ___
Mr. Sheffield ___ ___
Amendment to Sales Contract
This Amendment to Sales Contract made this ______ day of __________,
2014, amending a sales contract dated November 16, 2012, by and between the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, whose address is: 401 McIntire Road, Charlottesville,
Virginia 22902; the EAST RIVANNA VOLUNTEER FIRE CO.,
INCORPORATED, a Virginia non-stock corporation, whose address is: 3501
Steamer Drive, Keswick, Virginia 22947, hereinafter collectively referred to as
“Sellers;” and the ALBEMARLE COUNTY SERVICE AUTHORITY, a body
politic and corporate created pursuant to the Virginia Water and Waste Authorities
Act, whose address is: 168 Spotnap Road, Charlottesville, Virginia 22911,
hereinafter referred to as “Buyer,”
WITNESSETH:
1. Paragraph 3 (Settlement and Possession Date) is hereby amended to
extend the Settlement Date to no later than March 31, 2015.
2. In all other respects the Sale Contract dated November 16, 2012
remains in full force and effect.
3. This document may be executed in counterparts and any
number of counterparts signed in the aggregate by the parties will constitute a
single original instrument.
Witness the following signatures and seals:
[Signatures on following pages]
2
ALBEMARLE COUNTY SERVICE AUTHORITY
By:__________________________________________(SEAL)
Gary O’Connell, Executive Director
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ____________________
The foregoing instrument was acknowledged before me this ___ day of
________________, 2014, by Gary O’Connell, Executive Director of the Albemarle
County Service Authority.
_______________________________
Notary Public
My Commission Expires:_________
ID No.______________
3
EAST RIVANNA VOLUNTEER FIRE CO., INCORPORATED
By:__________________________________________(SEAL)
____________________________________[Name]
____________________________________[Title}
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ____________________
The foregoing instrument was acknowledged before me this ___ day of
________________, 2014, by _______________________________,
________________ of East Rivanna Volunteer Fire Co., Incorporated.
_______________________________
Notary Public
My Commission Expires:_________
ID No.______________
4
COUNTY OF ALBEMARLE, VIRGINIA
By:__________________________________________(SEAL)
____________________________________[Name]
____________________________________[Title]
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ____________________
The foregoing instrument was acknowledged before me this ___ day of
________________, 2014, by _________________________________,
_______________________ for the County of Albemarle, Virginia.
_______________________________
Notary Public
My Commission Expires:_________
ID No.______________
Approved as to form:
By:_____________________________
Albemarle County Attorney
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2015 Budget Amendment and Appropriations
SUBJECT/PROPOSAL/REQUEST:
Approval of Budget Amendment and Appropriations
#2015056, #2015058, #2015059, #2015060, #2015061,
2015062, and #2015064 for local government and school
division programs and projects
STAFF CONTACT(S):
Foley, Letteri, Davis, and Allshouse, L
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 10, 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 15 budget due to the appropriation itemized below is $602,460.90. 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 seven (7) appropriations as follows:
One (1) appropriation (#2015056) to appropriate $55,235.00 from the Reserve for Contingencies to
Community Development for a Transportation Planner position. This appropriation will not increase the total
County budget.
One (1) appropriation (#2015058) to appropriate $533,050.90 for various school division programs and projects.
One (1) appropriation (#2015059) to appropriate $6,700.00 from the Training pool account to various
departments for training and professional development. This appropriation will not increase the total County
budget;
One (1) appropriation (#2015060) to appropriate $42,910.00 from the Virginia Department of Emergency
Management to the Police Department for law enforcement equipment and personal protective equipment.
One (1) appropriation (#2015061) to appropriate $5,000.00 from proffer revenue for roadside historical markers;
One (1) appropriation (#2015062) to appropriate $14,000.00 to the Finance Department to expand the
Purchasing Card program; and
One (1) appropriation (#2015064) to appropriate $7,500.00 for a Local Emergency Management Performance
Grant to the Emergency Communications Center.
RECOMMENDATIONS:
Staff recommends approval of appropriations #2015056, #2015058, #2015059, #2015060, #2015061, #2015062
and #2015064 for general government and school division programs and projects as described in Attachment A.
ATTACHMENTS:
Attachment A – Appropriation Descriptions
Return to consent agenda
Return to regular agenda
1
Appropriation #2015056 $0.00
This appropriation will not increase the County Budget.
Source: Reserve for Contingencies $ 53,894.00
This request is appropriate $53,894.00 from the Reserve for Contingencies to Community Development for a
Transportation Planner position pursuant to the Board’s action at its November 5, 2014 meeting. This position is
budgeted to begin in January 2015.
Appropriation #2015058 $533,050.90
Source: Local Non-Tax $ 19,247.60
Summer School Fund Balance $ 207,730.30
Community Education Fund Balance $ 306,073.00
This request is to appropriate School Division appropriation requests approved by the School Board on October 9,
2014 and October 23, 2014:
Approved by the School Board on October 9, 2014:
Club Yancey Program: This request is to appropriate $19,247.60 in tuition and donations for the Club
Yancey Program. These funds will be used for operating expenses related to the program.
Approved by the School Board on October 23, 2014:
Summer School Fund: This request is to appropriate $207,730.30 in fund balance remaining in the
Summer School Fund to support the salaries, benefits, and supplies expenses for the Summer School
Program that has just been completed and to provide funding to support the first month of the Summer
School Program in June 2015.
Community Education Fund: This request is to appropriate $306,073.00 in Community Education Fund
fund balance to pay for Community Education Program salaries, benefits, and supplies, including the
purchase of radios for Community Education-funded personnel. Community Education programs include
the after-school enrichment program, student holiday/spring break programs, and the inclement weather
program. This is a self-sustaining fund. If this additional funding is not fully expended in FY 15, it will be
returned to the Community Education Fund fund balance.
Note: the Community Education Fund fund balance request was initially approved by the School Board in
the amount of $385,875.23, however, based on additional analysis, the request has subsequently been
reduced to $306,073.00 by School Division Fiscal Services staff.
Appropriation #2015059 $0.00
This appropriation will not increase the County Budget.
Source: Training Pool $ 6,700.00
This request is to appropriate $6,700.00 from the Training Pool to various departments for approved training
opportunities and professional development. The current budgeted amount in the training pool is $33,402.0 0. After
this appropriation, $26,702 will remain in the Training Pool.
Appropriation #2015060 $42,910.00
Source: Federal Revenue $ 42,910.00
This request is to appropriate $42,910.00 from the Virginia Department of Emergency Management for its award of
the 2014 State Homeland Security Program Grant from the U.S. Department of Homeland Security to the Police
Department. These funds will be used for the replacement of various items of law enforcement equipment and
personal protective equipment. The grant also provides video evidence training for the Video Focus Pro system.
2
Appropriation #2015061 $5,000.00
Source: Proffer Revenue $ 5,000.00
This request is to appropriate $5,000.00 from Belvedere Proffer revenue to the Community Development
Department for the procurement and installation of two roadside historical markers. The historical markers were
proffered by the Belvedere proffer (ZMA 2004-07). One marker will be a Virginia Department of Historic Resources
roadside marker to commemorate Free State and the second marker will be a private marker to commemorate Amy
Parker Bowles at the Bowles cemetery in Belvedere.
Appropriation #2015062 $14.000.00
Source: General Fund Fund Balance $ 14,000.00
This request is to appropriate $14,000.00 to the Finance Department to support software modifications for the
Purchasing, BuySpeed Online (BSO) to Payments, and Great Plans (GP) systems’ process. This modification will
provide benefit to Albemarle County in two major ways: 1) increasing the transaction totals processed by the
Purchase Card program, thus increasing efficiency and rebate revenue opportunities; and 2) reduction in check
issuance volume, thereby decreasing operational costs and improving cash management. This is a one -time cost.
Since inception, the usage of the Purchase Card program has generated $29,063.00 in rebate revenue to the
County and these software modifications are anticipated to significantly increase the County’s Purchase Card
Rebate revenue in the future.
Appropriation #2015064 $7,500.00
Source: Federal Revenue $ 7,500.00
This request is to appropriate $7,500.00 to the Emergency Communications Center (ECC) for a Local Emergency
Management Performance Grant (LEMPG). This grant was awarded to the City of Charlottesville Virginia by the
Department of Emergency Management (VDEM) from the U. S. Department of Homeland Security (DHS) Federal
Emergency Management Agency (FEMA). The City will manage the grant. The grant funding will be transferred
from the City to the County, as the fiscal agent for the ECC, upon City Counci l’s approval of the City’s appropriation,
scheduled on its December 1, 2014 agenda. This appropriation will transfer those funds to the E CC to supplement
the salary of the Assistant Emergency Management Coordinator.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Regional Firearms Training Facility
SUBJECT/PROPOSAL/REQUEST:
Adopt a Resolution approving the Ground Lease
and Operational Agreement for the Regional
Firearms Training Facility
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, Blair, Henry, Sellers
PRESENTER (S): Doug Walker, Trevor Henry
LEGAL REVIEW: Yes
AGENDA DATE:
December 10, 2014
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
At its October 1, 2014 meeting, the Board received an informational update on the Regional Firearms Training Facility
project. The Board was provided a status of a proposed Operational Agreement, Ground Lease, and the total project cost
estimate based on schematic drawings and refined project needs.
The establishment of the proposed firing range requires the approval of a Ground Lease and an Operational Agreement.
The Ground Lease would be a lease between UVA, which owns the property, and the County and the City. The City was
not a party to the initial draft lease, but has asked to be added as an additional tenant. Because the County would retain
responsibility for property management as the fiscal agent, adding the City as a tenant should not have a significant impact
on the facility’s planned operations. The Operational Agreement between the County, the City and UVA would govern the
ongoing day-to-day operations of the facility and the funding formula, based on officer use, for both the initial capital
expense and ongoing operational costs.
STRATEGIC PLAN:
Operational Capacity: Ensure County Government’s ability to provide high quality service that achieves community
priorities.
DISCUSSION:
The draft Ground Lease is attached (Attachment A). The County and City, as tenants, would have the responsibility
for the construction and maintenance of the facility and related site improvements, with costs shared pursuant to the
terms of the Operational Agreement. The initial term of the Lease would be for a period of forty (40) years
commencing on the date of the full execution of the Lease. The rent would be a one-time payment of one dollar
($1.00) for the initial term and for renewal term s. The County and City would take possession of the property upon
commencement of the initial term.
The County, the City and UVA have worked together on a proposed Operational Agreement for the Establishment of a
Regional Firearms Training Facility. The draft Operational Agreement is also attached (Attachment B). The
Agreement would govern the day-to-day operations of the facility and would provide a funding formula for both the
capital investment and ongoing operating costs. The County would serve as the fiscal agent and would oversee and
administer the construction and operation of the facility. The County, the City and UVA have agreed to contribute their
shares of an asset forfeiture award totaling $2.91 Million from the Office of the Attorney General to the initial capital
cost of the facility. The funding formula for capital costs and annual operations is based proportionately on the number
of full-time certified law enforcement officers in each jurisdiction’s Police Department and/or Sheriff’s O ffice. Under
this formula the County’s share would be 44%, the City’s share would be 38%, and UVA’s share would be 18%. The
formula for operating costs would be computed annually. Annual operating costs are estimated to be approximately
$194,151.
UVA would agree to contribute a long-term lease of the land on which the facility will be constructed and the County
and City would agree to recognize this contribution as having a value of $330,000. UVA’s land contribution would be
applied to reduce the amount of initial capital cost to be contributed by UVA, and the County and City would fund an
additional amount of $330,000 (allocated 53% to the County and 47% to the City). UVA would also agree to cover the
cost to relocate an existing monitoring station and to remediate the existing outdoor range upon completion of the
project.
AGENDA TITLE: Regional Firearms Training Facility
December 10, 2014
Page 2
The total project cost for an indoor firearms training facility with two eight-lane ranges on the Milton site is estimated to
be approximately $6.4 to $7.4 Million, based on two independent cost estimates. Original estimates for the project
based upon the conceptual work totaled $4.9 Million. There is currently $4,865,422 appropriated for the project. At an
August 15, 2014 executive meeting of fiscal management staff from the County, the City, and UVA, there was an
agreement to establish a not to exceed (NTE) total project budget of $6 Million. Potential bid deduction items are
currently being explored, including a reduction of one of the ranges from 50 yards to 25 yards which will provide
$700,000 to $800,000 alone in savings, and other deducts should allow the project to reduce costs by nearly $1 Million
if needed to meet the budgetary cap. The Regional Partners are supportive of the proposed deducts. The County’s
share based on the NTE cap is $1,532,960 in addition to its asset forfeiture award.
BUDGET IMPACT:
The total budget appropriated to date for this project is $4,865,422. The total budget will increase $1,134,578 for a
revised total project budget of $6,000,000. The construction cost is offset by an asset forfeiture award totaling
$2,913,501 from the Office of the Attorney General, leaving a balance of $3,086,499 to be shared among the partners.
Based on the funding formula and other capital considerations described in the proposed Operational Agreement, the
County’s total share would be $1,532,960, the City’s total share would be $1,327,970, and UVA’s total share would be
$225,569. Annual operating costs are estimated to be approximately $194,151. The County’s share would be 44% of
this amount in the first year of operation. The County will receive a 2% fiscal agent fee to offset its administrative
costs. Total operating costs for the first partial year following completion of construction (7 months in FY16) is
estimated to be $116,111.
If the Board approves the Ground Lease and the Operational Agreement, staff will present an appropriation request for
the Board’s approval at its January 7, 2015 meeting for the additional $1,134,578 in funding required for a $6 Million
total project budget.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the Operational
Agreement and the Ground Lease and to authorize the County Executive to sign the Agreements once they are
approved as to form and content by the County Attorney.
ATTACHMENTS:
A – Ground Lease Agreement
B – Operational Agreement
C – Resolution
Return to agenda
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Milton Firing Range Ground Lease
1
LEASE
THIS GROUND LEASE ( “Lease”), is made as of this __ day of ____, 2014, by and
between THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA , an
educational institution of the Commonwealth of Virginia (“UVa” or “Lessor”), and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia (“County”), and THE CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal
corporation and political subdivision of the Commonwealth of Virginia (“City”), the City and
County together to be known as “Lessees.”
Recitals
WHEREAS, the Parties hereto have determined that it is in their interests to construct and
operate a law enforcement training facility, including an indoor firing range, and related
improvements (the “Facility”) for their mutual use and benefit, on property owned by UVa and
known as the Milton Airfield;
WHEREAS, the Lessor and the Lessees, for and in consideration of the keeping by the
parties of their respective obligations hereinafter desire to enter into an agreement for a lease of
land on which the Facility will be established;
NOW, THEREFORE, the parties do hereby set forth their agreement, as follows:
1. LEASED PREMISES
The Lessor does hereby lease, let and demise to the Lessees, and the Lessees hereby lease
from the Lessor, the following described premises, situate, lying and being in Albemarle
County, Virginia (the “Leased Premises”):
Approximately 130,680 square feet of land as shown on Exhibit A, attached and
incorporated herein by reference, which is page # 8 of the “Schematic Design
Submittal”, prepared by Clark Nexsen, titled, “Regional Firearms Training
Center”, 2300 Milton Road, Charlottesville, VA 22902 and dated June 25, 2014,
together with a non-exclusive right of ingress and egress to the Leased Premises over an
access road, as shown on Exhibit A (“Access Road”).
The Leased Premises are leased to the Lessees "as is" with all faults, without warranty or
representation by Lessor as to condition or usefulness of the Leased Premises for any
purpose, and subject to all liens and encumbrances of record. The Lessees covenant and
represent that they have inspected and are fully familiar with the condition of the Leased
Premises and accept it "as is."
2. LEASE TERM; RENEWAL
The term of the Lease (“Term”) shall commence on the last date of signature by a party
to this Lease (the “Commencement Date”). The Term shall automatically expire: (a)
forty (40) years after the Commencement Date, or (b) on December 15, 2015, if
construction of the Facility referenced in Section 6, below, has not commenced (either,
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Milton Firing Range Ground Lease
2
“Expiration”). This Lease may be renewed by a written lease addendum signed by each
of the parties, for any additional term(s) of years agreed to by the parties.
3. RENT
The rent for the Term is a one-time payment of one dollar ($1.00) from the Lessees to the
Lessor, the receipt and sufficiency of which is hereby acknowledged.
4. MODIFICATION; AMENDMENT
The provisions of this Lease may be modified or amended only by a written agreement
(“Lease Addendum”) executed by the Lessor and each of the Lessees. No changes or
modifications to the Operating Agreement referenced in Section 6, following below, shall
operate or be construed as an amendment or modification of this Lease.
5. DELIVERY AND POSSESSION
Lessor covenants to deliver quiet possession of the Leased Premises to the Lessees upon
the Commencement Date. Thereafter, Lessees shall have quiet, undisturbed and
continued possession of the Leased Premises, free from all claims against the Lessor and
all persons claiming under, by or through the Lessor. Notwithstanding the foregoing, as
the owner and Building Official of the Leased Premises, Lessor shall have a right of
access to the Leased Premises to prevent or abate any nuisance, hazard, or unlawful
conditions, or to make emergency repairs necessary to prevent an imminent danger to
persons. Lessor shall be required to give advance notice, as may be reasonable under the
circumstances, to the Lessees. Absent an emergency, the Lessor may conduct health and
safety inspections, to ensure the Facility is being properly maintained, but only upon
twenty-four (24) hours’ advance notice to both the Lessees.
6. USE OF LEASED PREMISES
The Leased Premises shall be used solely for the purposes of construction and operation
of a public safety training facility, including a firing range (“Facility”), for the use of
public law enforcement personnel of the parties to a separate written Operational
Agreement (“Operational Agreement”) and the licensee(s) of any such party.
7. CONSTRUCTION OF IMPROVEMENTS
(a) The Lessees shall construct (i) the Facility, (ii) such site improvements on, over,
across or under the Leased Premises as needed to support the use of the Facility for
the intended purpose (“Site Improvements”), and (iii) such improvements within the
Facility as the Lessees may deem necessary (“Lessee Improvements”). The Lessees
shall also make such additional improvements to the Access Road and its commercial
entrance (“Additional Improvements”) as may be necessary to support the use of the
Leased Premises for the Facility. (Collectively, the Facility, Site Improvements,
Lessee Improvements and Additional Improvements comprise the “Improvements”).
All costs and expenses of or relating to the construction operation, maintenance and
repair of the Improvements shall be borne by the Parties to the Operational
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3
Agreement. Title to the Improvements, once made, erected, constructed, installed, or
placed upon the Leased Premises, shall be and remain in the Lessees until the
expiration or termination as provided in Section 2 of this Lease. Per the Operational
Agreement, Lessor and Building Official shall review and approve all plans and
modifications thereof prior to construction.
(b) Within 45 days after issuance of a final use and occupancy permit, the Lessees shall
forward to Lessor a physical survey of the Facility and Leased Premises. After being
approved by the Parties, a copy of the physical survey shall be endorsed in writing by
the Lessor and each of the Lessees, and such endorsed survey shall be attached to this
Agreement, referenced as Exhibit B, and shall be a part hereof.
(c) The Lessees shall not cause or permit any mechanics or other liens or encumbrances
to attach or remain against the Leased Premises. Likewise, the Lessor shall not take
any action that would cause the Leased Premises to become encumbered in any
manner.
8. ASSIGNMENT AND SUBLEASING
The Lessees shall not assign this Lease or sublet the Leased Premises, in whole or in part,
except with the written approval of the Lessor.
9. REMEDIES
During the Term of this Lease, the Lessor and Lessees shall have all rights and remedies
which this Lease and the laws of the Commonwealth of Virginia assure to them. All
rights and remedies accruing to any party shall be cumulative; that is, each party may
seek to exercise any rights and to obtain any legal remedies available to it in law or
equity. No right or remedy set forth in this Lease or available to the Parties in law or
equity is intended to be exclusive of any other right or remedy. In any action to enforce
any covenants, agreements, conditions, or provisions of this Lease, each Party shall bear
its own costs and attorney's fees. Notwithstanding the foregoing, the Parties shall provide
not less than thirty days’ notice of any intended legal action.
10. TERMINATION; SURRENDER
(a) Upon expiration of this Lease the Lessees shall surrender the Leased Premises to the
Lessor in good order and condition, reasonable wear and tear excepted, and free from
all liens and encumbrances. Upon said expiration or termination, the Lessees shall
remove their personal property.
(b) Within 180 days of the expiration or earlier termination, of this Lease, Lessees shall
remove the Improvements and restore the Leased Premises as nearly as possible to
their original condition with existing funds as provided in the Operational Agreement.
To the extent existing funds are not sufficient to cover the full cost of removal and
restoration, any additional costs shall be allocated per the original construction
percentages which are Lessor, eighteen percent (18%); County Lessee, forty four
percent (44%); City Lessee, thirty-eight percent (38%). If the Lessor chooses to
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4
relieve the Lessees of their obligation to remove and restore, this Lease modification
shall be set forth in a written amendment prior to the expiration or earlier termination
of this lease. This amendment may contain a mutually agreeable buy-out provision.
11. CONDEMNATION
If the Leased Property or any portion of the Leased Property shall be taken or condemned
for any public purpose, or for any other reason whatsoever, to such an extent as to render
it untenantable or unusable for the purposes described herein, then the Lessees shall have
the option, within six (6) months following the date of such taking or condemnation, to
terminate this Lease.
12. SEVERABILITY
If any clause or provision of this Lease is held to be illegal, invalid or unenforceable
under present or future laws effective during the Term of this Lease, the remainder of this
Lease shall not be affected thereby. Additionally, the rights, responsibilities, liabilities,
and obligations of any party to the Operational Agreement shall not be affected by the
illegality, invalidity or unenforceability of any provision or provisions of this Lease.
13. BROKERAGE CLAIMS
The Parties warrant that they have had no dealing with any real estate broker or agent in
connection with the negotiation of this Lease and that they know of no other real estate
broker or agent who is or might be entitled to a commission in connection with this
Lease. The Parties agree to assume responsibility for their own broker's fees, if any.
14. RECORDATION
The Lessor shall record a memorandum of lease, at the Lessor’s expense, in the Office of
the Clerk of the Circuit Court of the County of Albemarle, Virginia, and the Lessor shall
provide the Lessees with a certified true copy thereof.
15. GOVERNING LAW
This Lease and the performance thereof shall be governed, interpreted, construed and
regulated by the laws of the Commonwealth of Virginia. The Parties choose the state
courts of the County of Albemarle, Virginia, as the venue for any action instituted
pursuant to the terms of this Lease.
16. ENTIRE AGREEMENT
This instrument, and all exhibits attached hereto, constitutes the entire agreement of the
parties as to the terms and conditions under which the Lessor’s property is leased to the
Lessees.
Notwithstanding any promise, provision or condition contained herein, nothing in this
Lease shall be deemed or construed as a waiver of any regulatory authority or of the
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5
sovereign immunity of the Commonwealth of Virginia, the University of Virginia, the
City of Charlottesville, or the County of Albemarle or any of their departments, officers,
officials, employees or agencies.
17. NO THIRD PARTY BENEFICIARIES
Notwithstanding any other provision of this Lease, the Parties hereby agree that: (i) no
individual or entity shall be considered, deemed or otherwise recognized to be a third-
party beneficiary of this Lease; (ii) the provisions of this Lease are not intended to be for
the benefit of any individual or entity other than the Parties; (iii) no individual or entity
shall be entitled to any right make any claim against the Parties under the provisions of
this Lease; and (iv) no provision of this Lease shall be construed or interpreted to confer
third-party beneficiary status on any individual or entity. For purposes of this section, the
phrase "individual or entity" means any individual or entity, including, but not limited to,
individuals, contractors, subcontractors, vendors, sub-vendors, assignees, licensees and
sublicensees, licensors and sublicensors, or invitees or any sort, regardless of whether
such individual or entity is named in this Lease.
18. COUNTERPARTS
This Lease may be executed in multiple original counterparts, each of which shall be an
original, but all of which shall constitute one and the same Lease. Signature pages of this
Lease may be detached from any counterpart of this Lease and re-attached to any other
counterpart of this Lease which is identical in form hereto but having attached to it one or
more additional signature pages.
19. UVa STATUS
Notwithstanding that certain issues are addressed in provisions of this Lease, the Lessees
acknowledge that provisions relating to mechanics liens, zoning applicability, insurance
and real estate taxes do not subject the Lessor to liability, exposure, or obligation to third
parties under Federal, State and/or local law and any rules and regulations promulgated
therefrom. This declaration and agreement does not excuse any obligation the Parties
may have to the one another pursuant to this Lease; rather it addresses only the potential
creation of liability, exposure or obligation to others.
IN WITNESS WHEREOF, the Parties have caused this Lease to be executed by their duly
authorized representatives.
REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
SIGNATURES ON THE FOLLOWING PAGES
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6
THE RECTOR AND VISITORS OFTHE UNIVERSITY OF VIRGINIA
Date: _______________________
Patrick Hogan
Executive Vice President and
Chief Operating Officer
Reviewed and Approved as to Form:
--------------------------------------------
Pamela H Sellers
Associate University Counsel and
Special Assistant Attorney General
ADDITIONAL SIGNATURES TO FOLLOW
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7
COUNTY OF ALBEMARLE, VIRGINIA
By: Date: _________________________
Thomas C. Foley
County Executive
Reviewed and Approved as to Form:
Larry W. Davis
Albemarle County Attorney
ADDITIONAL SIGNATURES TO FOLLOW
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8
CITY OF CHARLOTTESVILLE, VIRGINIA
By: __________________________________ Date: __________________________
Maurice Jones
City Manager
Reviewed and Approved as to Form:
______________________________
S. Craig Brown
Charlottesville City Attorney
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EXHIBIT A
LEASED PREMISES
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EXHIBIT B
PHYSICAL SURVEY OF LEASED PROPERTY
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Page 1 of 30
OPERATIONAL AGREEMENT FOR THE
ESTABLISHMENT OF A LAW-ENFORCEMENT
TRAINING FACILITY
THIS OPERATIONAL AGREEMENT made this ______ day of
_____________________, 2014 by and between the City of Charlottesville, Virginia (hereinafter
“City”), a municipal corporation and political subdivision of the Commonwealth of Virginia, the
County of Albemarle, Virginia (hereinafter “County”), a political subdivision of the
Commonwealth of Virginia, and the Rector and Visitors of the University of Virginia
(hereinafter “University” or “UVa”), a public educational institution and government
instrumentality of the Commonwealth of Virginia.
WITNESSETH:
WHEREAS, the City, the County, and the University (hereinafter collectively referred to
as “the Parties”) recognize that essential to their ability to furnish police services within their
respective jurisdictions is the ability to provide regular firearms training and practice for their
certified law enforcement officers; and
WHEREAS, the parties deem it advisable to enter into a cooperative agreement for the
purpose of establishing and operating a law enforcement training facility to serve the needs of
the law enforcement officers employed by their respective law enforcement agencies, and by this
mutual association and joint undertaking, to improve the administration and delivery of law
enforcement services within and among their respective jurisdictions;
NOW THEREFORE, the Parties do hereby set forth their entire agreement as follows:
I. PURPOSE AND LOCATION
The Parties agree to design, build, and operate a law enforcement training facility,
including an indoor firing range, consisting of a building and related improvements, fixtures and
Page 2 of 30
equipment (together, hereinafter “the Facility”) to be located at 2300 Milton Road,
Charlottesville, Virginia 22902, on that land known hereinafter as the “Leased Premises,” for the
use and benefit of the law enforcement officers of their respective jurisdictions. [As used in the
Lease, the term “Facility” includes only the building to be constructed on the Leased Premises,
but for the purposes of this Agreement, the term “Facility” shall include the building, the Site
Improvements, the Lessee Improvements, and any Additional Improvements, as defined in the
Lease, for which Lessees are responsible for planning, constructing, maintaining, repairing,
replacing, or removing pursuant to the terms and conditions of the Lease and this Agreement.]
The Facility shall include at least sixteen (16) firing positions, classrooms, and office space.
II. TERM
The term of this Agreement (hereinafter “Term”) shall commence upon the date as to
which all three Parties have signed this Agreement and a long-term ground lease of the Leased
Premises for the Facility (hereinafter “Lease”), and shall continue in effect thereafter for all such
period(s) in which the term of the Lease remains in effect between the Parties hereto.
III. ESTABLISHMENT OF THE FACILITY
A. Design. The Chiefs of Police of each of the Parties shall approve 100% complete design
drawings for the Facility, after consultation with their respective chief executive/
administrative officers (hereinafter, “CEOs”). The County shall assign one or more of its
employees to oversee and administer the other aspects and phases of the final design process
and the procurement process necessary for the selection of a construction contractor for the
Facility, consistent with the terms and conditions of this agreement and the estimated Initial
Capital Costs referenced in Section IV of this Agreement.
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B. Procurement. The County shall be responsible for conducting a procurement procedure in
accordance with applicable state laws and County ordinances, on behalf of all Parties hereto,
for the selection of contractors to provide construction and related services, materials and
equipment. For any procurement transaction or task that requires or includes a component of
negotiation, the City and University shall be consulted and shall be offered the opportunity to
assign a representative to participate in any portion of the competitive process that involves
or requires negotiations with prospective contractors, or modifications of the final design of
the Facility.
C. Construction administration. The County shall oversee and administer the process of
construction of the Facility, and shall have authority to make decisions regarding changes to
the construction contract (including the Scope of Work, the Contract Price and the Time for
Performance), and to resolve contract claims, whether for money or other relief, within the
budgetary limits (Initial Capital Cost) set forth within Section IV of this Agreement. In
doing so, the County will be acting as the Fiscal Agent of the Parties. Any decision(s) that
would cause or result in the Initial Capital Cost exceeding the estimate set forth in Section IV
of this Agreement must be approved by the CEO of each Party, or his or her designee. The
CEO of each Party shall designate a representative of his or her office to monitor the progress
of construction of the Facility. At least monthly during construction of the Facility, a
representative of the County shall brief the Parties’ CEO-designees on the progress of
construction, and on the balance of the contract price that has been paid and is remaining to
be paid under the contract.
D. Construction of improvements
(a) The County shall notify the City and UVa of the date on which construction of the
Facility is commenced.
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(b) The County agrees to provide City and UVa with proposed site plans and
architectural plans for any improvements or alterations to the Facility, as applicable, to
review prior to commencement of construction. If UVa or the City reasonably believes that
the plans are aesthetically deficient or inconsistent with the intended uses of the Facility and
incompatible with or detrimental to the surrounding area, then UVa and the City, acting,
respectively, by and through the Executive Vice President and Chief Operating Officer of the
University of Virginia and City Manager, or an authorized designee, each reserves the right
to reject the proposal(s) and prohibit construction of the Facility based on such plans. UVa’s
and the City’s approval of the County’s plans shall not be unreasonably withheld.
(c) The County and/or its agent(s) shall obtain any due diligence studies or tests that
it may deem necessary to proceed with the construction of the Facility and shall submit any
applications for building permits, rezoning, conditional use permits, and all such other
permits and approvals related to the use, construction and operation of the Facility on the
Leased Premises referenced in Section II of this Agreement. The cost and expense of all said
due diligence studies or tests shall be allocated as provided in this Agreement.
(d) Except as otherwise specifically stated herein, the Facility and alterations to the
Facility shall be constructed and completed by the County in a good, first class and
workmanlike manner, substantially in compliance with the approved plans and specifications
therefor and with all applicable permits and authorizations, building and zoning laws, and
other applicable laws, ordinances, orders, rules, regulations and other requirements of all
federal, state, and local governments, departments and in compliance with the terms and
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conditions of this Agreement. The cost and expense of the Facility and alterations to the
Facility shall be shared by the Parties, allocated as provided in Section IV of this Agreement.
(e) The County acknowledges that the University of Virginia Building Official is the
Building Official for construction on, over and upon state-owned land, and no other
approvals shall be construed to be approval by the Building Official. Responsibility for all
costs, fees and other charges incurred or assessed by the Building Official for permitting,
inspecting or otherwise performing their functions shall be allocated as costs of construction
of the Facility. Further, the County shall be responsible for compliance with all laws
governing construction on state-owned land.
(f) During construction administration, the County agrees to comply with all
applicable laws, ordinances, orders, rules and regulations promulgated by agencies or bodies
having any jurisdiction thereof, including UVa, relating to the construction of the Facility.
(g) The County and/or its agents will contract for the conducting of due di ligence
studies and testing prior to commencement of construction, surveys, and construction of the
Facility, to include, but not limited to, well and water distribution, improvement of the
commercial road entrance, paving, sidewalks, septic system and storm water improvements.
The County shall be responsible for operating and maintaining the Leased Premises and the
Facility, to include water wells, septic system, storm water improvements and the entrance
road serving the Facility as well as maintenance service charges, connection and
disconnection charges, use charges for electricity, heating, air conditioning, telephone, and
all other utilities serving such Leased Premises and the Facility. The County shall be
responsible for waste disposal and grounds maintenance within said Leased Premises. The
County shall make arrangements for the activities and services listed in this subsection;
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however, the cost and expense of the said activities and services shall be shared and allocated
among the Parties as provided in Section IV of this Agreement.
(h) UVa shall have the right, during construction of the Facility, to inspect any
improvements to ensure that they are being constructed or installed in accordance with the
approved plans and specifications. In the event of deviation from such plans and
specifications, UVa shall provide notice to the City and the County, as set forth herein, and
the County shall remedy or seek UVa’s approval of such deviation within thirty (30) days of
the notice.
IV. INITIAL CAPITAL COST ALLOCATION
A. The County shall establish a separate firing range capital fund for the Facility within its
Capital Improvement Fund and shall maintain this firing range capital fund until final
completion of construction of the Facility and thereafter, until final payment, and any and all
contract claims have been resolved.
B. The total capital cost of the Facility as estimated based on design drawings available as of the
date of this Agreement is to be six million dollars ($6,000,000.00) (hereinafter “Initial
Capital Cost”), inclusive of contingency costs. The Parties shall provide funding for the
Initial Capital Cost as follows:
(1) $2,913,501.00 from Asset Forfeiture Funds. The City, the County, and the University
have each received asset forfeiture funds from the Office of the Attorney General of Virginia in
the amount of nine hundred seventy-one thousand, one hundred and sixty-seven dollars
($971,167.00); in the aggregate, the funds add up to $2,913,501.00. These asset forfeiture funds
are required to be utilized for the design, construction, and equipping of an indoor, regional
firearms training facility and must be expended on or before December 31, 2015. The Parties
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each agree to contribute their respective asset forfeiture funds to the Initial Capital Cost of the
Facility. In the event that the referenced asset forfeiture funds are not available to the Parties,
then any Party may cancel its participation in this agreement in accordance with Section VIII
(non-appropriation) or may, at its sole option, appropriate other funds to cover the loss of its
share of the asset forfeiture funds.
(2) Establishment of Funding Formula. In addition to their respective contributions of
asset forfeiture funds as set forth in paragraph (B)(1) of Section IV, above, each of the parties
shall provide funding for the remaining portion of the estimated Initial Capital Cost in
accordance with the following funding formula: the number of full-time certified law
enforcement officers (hereinafter “LEOs”) employed by each Party’s law enforcement
agency/agencies shall be divided by the total (aggregated) number of full-time certified LEOs
employed by all of the Parties law enforcement agencies. For purposes of this agreement, the
reference to “certified law enforcement officer” includes every full-time LEO employed within a
Party’s police department and also includes every full-time LEO employed within a Party’s
Sheriff’s Office. The numbers used shall be those full-time LEO positions authorized by the
Parties as of January 1, 2014. Applying the formula, each party’s resulting share is as follows:
a) County’s Share: 144 total full-time County LEOs, divided by 330 total full-
time LEOs of all the Parties, equals forty-four percent (44%).
b) City’s Share: 127 total full-time City LEOs, divided by 330 total full-time LEOs
of all the Parties, equals thirty-eight percent (38%).
c) University’s Share: 59 total full-time LEOs, divided by 330 total full-time
LEOs of all the Parties, equals eighteen percent (18%).
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(3) $330,000.00 Imputed to the University-Land Contribution. The University has agreed
to contribute a long term lease of the Leased Premises, on which the Facility will be constructed.
The City and County have agreed to recognize this contribution as having a value of three
hundred and thirty thousand dollars ($330,000.00). The Parties agree that this University
contribution shall be applied to reduce the amount of Initial Capital Cost to be contributed by the
University, and that the City and County will cover the additional amount of $330,000.00
(allocated 53% of the County and 47% to the City).
(4) Calculation of Total Required Party Contributions for Initial Capital Cost:
a) Total Required Contribution, University - $225,569.00 ($3,086,499.00 x 18% =
$555,569.00; adjusted by a deduction of $330,000 equals $225,569.00)
b) Total Required Contribution, City-$1,327,970.00 ($3,086,499 x 38% =
$1,172,870.00; adjusted by $155,100 in recognition of the University’s land
contribution = $1,327,970.00)
c) Total Required Contribution, County-$1,532,960.00 ($3,086,499.00 x 44% =
$1,358,059.00; adjusted by $174,900 in recognition of the University’s land
contribution = $1,532,960.00)
(5) Required Payment Date, Allocated Initial Capital Cost Contributions. Upon receipt
of notice from the County that a contract has been awarded for construction of the Facility, the
City and University agree to pay their capital cost contributions to the County within ten (10)
days after the date of the notice (“Required Payment Date for the Initial Capital”). Likewise, the
County shall appropriate its share of the Initial Capital Cost to the capital account referenced in
paragraph (a), above, on or before the Required Payment Date for the Initial Capital Cost. If, for
any reason, the Facility is not constructed, the University and the City will reimburse the County
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for all costs expended on the Facility up to the point of cancellation of construction of the
Facility in accordance with formula contained in Section IV(B)(2) of this Agreement.
(6) Shortage/ Excess of Funding for Initial Capital Costs. If the Initial Capital Cost for
the Facility exceeds the total estimated cost of $6,000,000.00, then the excess capital costs shall
be apportioned between the University, the City, and the County according to the above-
referenced formula. If the Initial Capital Cost for the Facility is less than $6,000,000.00, the
surplus shall be held in the Capital Reserve fund referenced and defined in Section V, below.
V. CAPITAL RESERVE FUND/FUTURE CAPITAL EXPENDITURES
A. Once the Facility has been completely constructed and has become operational, then the
County shall establish a Capital Reserve fund for the Facility (“Capital Reserve”). Any
Initial Capital Costs appropriated by the parties, but not expended, shall be transferred and
appropriated from the firing range capital fund to the Capital Reserve. Additionally, on an
annual basis, the Parties agree to contribute in total, an amount equal to one and one half
percent (1.5%) of the building value, to the Capital Reserve. The initial building value will
be equivalent to the cost to construct the Facilities, estimated as of the date of execution of
this Agreement to be Six Million Dollars ($6,000,000.00) (“Base Value”). Beginning with
the fifth year after the Commencement Date specified in the Lease, and on each fifth
anniversary of such date throughout the Term of the Lease, including any extensions and
renewals, the Base Value shall increase by the greater of (i) an amount equal to the product
obtained by multiplying the Base Value by a fraction, the numerator of which shall be the
CPI-U (as that term is hereinafter defined) on the Commencement Date, and the denominator
of which shall be (i) the CPI-U on the fifth anniversary of such date, or (ii) the average of all
CPI-U’s as of the anniversary of the Commencement Date for the preceding five years.
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B. The CPI-U shall mean the “Consumer Price Index – Seasonally adjusted U.S. City Average
for All Urban Consumers (1982-84=100)”, published month in the “Monthly Labor Review”
of the Bureau of Labor Statistics of the United State Department of Labor. If the CPI-U is
discontinued, the “Consumer Price Index – Seasonally Adjusted U.S. City Average for All
Items for urban Wage Earners and Clerical Workers (1982-84=100)”, published monthly in
the “Monthly Labor Review” of the Bureau of Labor Statistics of the United States
Department of Labor (the “CPI-W”), shall be used for making the computation set forth
above. If the CPI-W is discontinued, comparable statistics on the purchasing power of the
consumer dollar published by the Bureau of Labor Statistics of the United States Department
of Labor shall be used for making the computation set forth above. If the Bureau of Labor
Statistics shall no longer maintain statistics on the purchasing power of the consumer dollar,
comparable statistics published by a responsible financial periodical or recognized authority
selected by Landlord shall be used for making the computation set forth above. If the base
year “(1982-84=100)” or other base year used in computing the CPI-U is changed, the
figures used in making the computation above shall be notwithstanding any such change in
the base year.
C. The amount due by each Party shall be determined in accordance with Section VI (e) of this
Agreement. Each Party shall make its contribution by July 15 of each year this Agreement
remains in effect.
D. At any time during the Term of this Agreement, the parties may by unanimous agreement
provide funding for and construct additional capital improvements at the Facility, as
evidenced by written approval of each Party’s CEO. All such capital improvements shall be
planned and carried out using the same process and procedure referenced in Section III of
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this Agreement for the initial establishment of the Facility. If the funds in the Capital
Reserve do not satisfy the costs of the contemplated capital improvement, the balance of the
costs shall be apportioned among the Parties, in the applicable fiscal year, pursuant to the
formula established in Section IV(B)(2) of this Agreement; provided, however, that the LEO
numbers referenced in Section IV(B)(2) shall be updated to reflect the applicable numbers as
of January 1 of the calendar year preceding the fiscal year in which additional funding must
be appropriated by the Parties.
VI. OPERATING COSTS
A. Operating Account. The County shall establish and maintain a segregated account for the
Facility within its General Fund, from which expenses of operating the Facility will be
paid by the County (“Operating Account”).
B. Annual Budget for Operating Costs. The Chiefs of Police of the County, City and
University shall, on or before December 1 of each calendar year, establish a proposed
Fiscal Year Operating Budget for the Facility for the succeeding fiscal year (“Operating
Budget”). There shall be included within each proposed annual Budget a line item
specifying the amount of an Operating Reserve for the Budget year. Each Chief shall be
required to obtain the consent of his or her jurisdiction’s CEO prior to giving his or her
endorsement to the proposed Operating Budget.
C. Each fiscal year Operating Budget for the Facility shall estimate all anticipated operating
costs including, but not limited to, utilities, snow removal, removal of lead/ bullets from
within the Facility, custodial services and supplies, non-capital maintenance and repairs,
and parking lot upkeep.
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D. The proposed Operating Budget established by the Chiefs shall be transmitted to the
County for review and adoption as a component of the County’s annual operating budget
process. Between the time the proposed Operating Budget is submitted by the Chiefs to
the County, and the time the County adopts its annual budget, the County’s CEO or
designee shall give notice to the other Parties’ CEOs of any potential revisions to the
proposed Operating Budget and shall provide the other Parties’ CEOs an opportunity to
comment on such revisions. Following adoption by the County, within its annual budget,
of a final Operating Budget for the Facility, each Party, including the County, shall
appropriate funding for its share of the Facility’s Operating Budget and shall make
payment to the County of its required share of the annual operating budget on or before
July 15 of each year during this Agreement. The County’s required annual share, together
with the payments received from the City and County, shall be appropriated by the
County to the Operating Account effective July 1 each fiscal year.
E. Allocation of Operating Costs. Each party’s annual financial contribution to the annual
operating budget shall be determined by the formula established in Section IV(B)(2) of
this Agreement; provided, however, that the LEO numbers referenced in Section
IV(B)(2) shall be updated to reflect the applicable numbers as of January 1 of the
calendar year preceding July 1 of the fiscal year for which the Operating Budget has been
established. The County shall provide the City and University CEOs, or designees, with
quarterly reports showing budgeted versus actual operating expenditures.
F. Shortage/ Excess Funding for Operating Costs. If actual Operating Costs exceed
budgeted costs for any fiscal year, the resulting deficit shall be apportioned and paid by
the Parties pursuant to the formula referenced in paragraph VI(e), above. The County
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will provide Notice to the City and the University of the necessity for additional funding.
The City and the University shall each remit its share of the necessary additional funding
to the County within forty-five (45) days of the date of the Notice (“Required Payment
Date”) and the County shall also contribute its share of the necessary additional funding
into the Operating Account by the Required Payment Date.
G. Failure to Fund. In the event that any Party fails to contribute its full share of the
Facility’s Operating Costs when due, the Party’s LEOs shall not have access to and shall
not be permitted to utilize the Facility until payment in full has been made, nor shall the
Party’s LEOs, CEO’s or other designated representative be entitled to vote on any matters
requiring consensus herein. If the failure to pay is by the City or the University, no such
suspension shall take effect unless and until 30 days’ advance written notice of the
overdue amount(s) has been given to such Party by the County. In addition, any Party
shall have the right to pursue all other legal remedies and actions as may be necessary or
authorized to obtain payment of amounts due and owing under this Agreement, including,
without limitation, an action seeking damages for breach of contract, and an action
seeking mandamus, declaratory or injunctive relief, to the extent that such actions are
permissible under the laws of the Commonwealth of Virginia.
VII. OPERATION OF THE FACILITY
A. Services. The County shall provide employees, contract services, or a
combination of both, as necessary and expedient for the safe, efficient and cost-efficient use,
operation and maintenance of the Facility.
B. Oversight Responsibility. Decisions regarding the day-to-day utilization and
operation of the Facility shall be made by the Chiefs of Police of the City, County, and
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University, or their individual designee(s). The Chiefs or their designees shall, on a quarterly
basis, review the status of funds within the Operating Account, resolve disputes relating to the
use and scheduling of use of the Facility, and review the general status of the Facility’s
operations. Each Party’s Chief of Police shall be responsible for keeping his or her CEO
informed of the status of the Facility’s operations.
C. Range Oversight Team. A Range Oversight Team shall develop rules, policies
and procedures for the use of the Facility, in consultation with the Parties’ respective legal
counsel, and shall present all proposed policies and procedures to the Police Chiefs for
consideration and adoption. The policies and procedures shall include, without limitation, the
days and hours of operation for the Facility. No rule, policy, or procedure for the use of the
Facility shall become effective unless by unanimous agreement of the three Police Chiefs. The
Range Oversight Team shall consist of one employee from each Party.
D. Annual Range Schedule. The Range Oversight Team shall prepare an annual
schedule for use of the Facility by the Parties (“Range Schedule”). The Range Schedule shall
cover July 1 through June 30 of the following year. Each Party shall be allocated a number of
days and hours of use sufficient to facilitate fulfillment of required training and Virginia
Department of Criminal Justice Services certification standards for full-time LEOs. The Range
Oversight Team shall present the proposed Range Schedule to the Parties’ Police Chiefs no later
than the last business day of May immediately preceding the July 1 effective date of the Range
Schedule. The Parties’ three Chiefs of Police shall agree upon a final Range Schedule on or
before June 30 each year.
E. Day-to-day Scheduling. The County shall assign an employee to monitor
compliance with, and to update and maintain, the Range Schedule on a day-to-day basis
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(“Scheduling Officer”). The Scheduling Officer may authorize additional days/ hours of use by
each Party. The Scheduling Officer may remove/ delete days of use shown on the approved
annual Range Schedule: (i) upon the request of a Party’s Chief of Police, or with the written
agreement of a Party’s Chief of Police, or (ii) to correct errors, mistakes or over-scheduling, as
necessary, so long as following any such correction, no Party is allocated fewer days than
contemplated by the approved annual Range Schedule.
F. Liability:
(i) The Parties shall share and allocate, as provided in Section VI of this Agreement, any
incurred expense from routine maintenance or mandated inspections of the Facility,
including reasonable wear and tear to be anticipated from the Parties’ use of the Facility,
and such other costs or expenses resulting from damage to property that is not covered by
insurance on the Facility.
(ii) To the extent permitted by the laws of the Commonwealth of Virginia, the Parties
shall each be responsible to one another or to persons not a party to this Agreement for
damage to property or injury to persons resulting from or arising out of the acts or
omissions of their agents and employees in connection with the construction,
maintenance, or use of the Facility, as set forth in this Agreement.
(iii) Nothing herein shall be construed as a waiver of the sovereign or governmental
immunity of the Commonwealth of Virginia, UVa, the City, or the County or their
respective officials or employees.
G. Repairs and Maintenance of the Facility:
(i) The Parties shall share the cost of keeping, repairing and maintaining the Facility and
Leased Premises, in a manner so as to conform to and comply with any applicable
present or future laws, ordinances, codes, rules, regulations or requirements of any
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federal, state or municipal government, department, commission, board or officers
having jurisdiction, foreseen or unforeseen, ordinary as well as extraordinary,
whether or not such laws, ordinances, codes, rules, regulations or requirements shall
necessitate structural changes or improvements or interfere with the use and
enjoyment of the Facility or the Leased Premises referenced in Section II of this
Agreement, and to take any and all actions necessary to avoid or eliminate any
violation. Costs and expenses of this shared obligation shall be allocated to the Parties
as provided in Section VI of this Agreement.
(ii) The Parties understand that the users of the Facility will be the primary users of the
Access Road serving as ingress and egress to and from the Leased Property. The
Parties shall improve and maintain the Access Road solely for the benefit of the
authorized users of the Facility and Improvements, up to, but not extending beyond ,
the Facility, including sidewalks, curbs, entrances and driveways, to the extent they
exist, whether on the Leased Premises or other land of UVa, as necessary to keep the
Access Road leading to the Facility, as described in the Lease, in good repair, and in
good and safe condition, free from snow, ice, rubbish and other obstructions, and in
compliance with all regulations, rules and other conditions regarding the management
of storm water runoff. The Parties shall owe no duty to users of any other land of
UVa. Costs and expenses of this shared obligation shall be allocated to the Parties as
provided in Section VI of this Agreement.
(iii) In the event UVa exercises any right(s) it may have as the owner and Building
Official of the Leased Premises referenced within Section II of this Agreement, to
enter the Leased Premises to prevent or abate any nuisance, hazard, or unlawful
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conditions, or to make emergency repairs necessary to prevent an imminent danger to
persons, UVa shall be required to give advance notice, as may be reasonable under
the circumstances, to the City and the County. Absent an emergency, the University
may conduct health and safety inspections, to ensure the Facility is being properly
maintained, but only upon twenty-four (24) hours’ advance notice to both the County
and the City.
H. Proceeds of Condemnation:
(i) If the Facility or the Leased Premises on which the Facility is constructed shall be
taken or condemned for any public purpose, or for any reason whatsoever, to such an
extent as to be rendered untenantable or unusable for the purposes described herein,
then all condemnation proceeds shall be paid to County, as fiscal agent for the Parties,
except any proceeds attributable to the valuation of the land (exclusive of the value of
the Facility) shall be paid to UVa. The County shall distribute condemnation proceeds
among the Parties to this Agreement, in the same percentages set forth within Section
IV of this Agreement.
(ii) If, in the sole opinion of the City and County, a taking or condemnation does not
render the Facility or the Leased Premises untenantable or unusable, then the Parties
hereby agree to share the costs and expenses of restoring the portion not taken, to the
extent possible, to the condition existing prior to the taking, but in no event shall the
Parties be required to expend any amounts in excess of the net condemnation
proceeds received.
I. Use by Outside Law Enforcement Agencies. If the Facility is not scheduled for use by
any Party on a specific day, or portion thereof, the Scheduling Officer may reserve the
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Facility for use by an outside law enforcement agency, if the outside agency pays a fee
(“Facility Use Fee”), enters a written agreement to comply with the established Rules and
Operational Policies and Procedures for the Facility, provides proof of a five million
dollar general liability insurance policy that provides coverage for its use of the Facility,
and will itself provide on-site supervision for any individual(s) using the Facility.
(i) The Facility Use Fee for outside agencies, and a policy identifying any agency or
agencies that the Parties may wish to exempt from the Fee (“Budget Policy”), shall be
established annually, as part of the proposed Operating Budget. Once the Operating
Budget has been approved as part of the County’s annual budget, the Facility Use Fee
shall not be waived, nor exemptions granted, except in accordance with the Budget
Policy. All Facility Use Fees shall be appropriated to the Operating Account.
(ii) No individual shall be allowed to use the Facility, unless: (i) such individual is
employed as a full-time LEO of a Party to this Agreement, or an independent
contractor engaged in providing training to a Party’s employees; (ii) such individual
is an employee of an outside law-enforcement agency engaged in providing training
to a Party’s employees; (iii) such individual is a retired LEO employed by a Party
immediately prior to his or her retirement, and such individual is utilizing the range
under the supervision of a LEO currently employed by a Party, for the purpose of
maintaining the retired LEO’s concealed weapons permit; or (iv) such individual is
using the Facility pursuant to an outside agency agreement, in accordance with
paragraph VII(I), above.
VIII. NON-APPROPRIATION
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Notwithstanding any other provision in this Agreement, all funds for payment by the
Parties are subject to the availability and annual appropriation of funding by each Party to
support performance of its obligations under this Agreement. While recognizing that no party
may make any binding commitment beyond its current Fiscal Year, it is the current intention of
each Party to make sufficient annual appropriations during the term of this Agreement to make
all payments required pursuant to this Agreement.
IX. FUTURE PARTIES
The Parties may by unanimous agreement allow additional public bodies to join as a
party to this Agreement. The financial terms and conditions under which any prospective party
would be allowed to participate as a party hereto shall be set forth within a written addendum to
this Agreement.
X. INSURANCE
A. Subject to the provisions below, throughout the Term of this Agreement, each Party shall
maintain, the following insurance, with the specified coverages and minimum limits:
(i) Local government liability policy and coverage-- One Million Dollars
($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) aggregate
limit. Local government liability coverage shall include premises/operations,
personal injury, and contractual liability coverage, as well as law enforcement
liability, insuring against claims for bodily injury and loss or damage of property
caused by or arising out of such Party’s use and/or occupancy of the Facility and
the Leased Premises on which it is constructed, including use of the Access Drive
and entrance.
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(ii) Umbrella or Excess Liability policy and coverage --which shall be written on an
occurrence basis and shall follow form, without exclusions, to the underlying local
government liability policy, and which shall have coverage limits of not less than
Five Million Dollars ($5,000,000). If a Party maintains a minimum of Five
Million Dollars ($5,000,000) per occurrence with a Five Million Dollar
($5,000,000) aggregate on its Commercial General Liability policy, that Party is
not required to maintain a separate Umbrella or Excess liability policy.
(iii)Business Personal Property Insurance-- property insurance covering such Party’s
owned equipment, trade fixtures, inventory, fixtures and personal property located
on or in the Facility, for perils covered by the causes of loss included in a broad
form special property form policy. This obligation shall apply to property other
than furnishings, fixtures and equipment purchased with funds contributed by the
Parties pursuant to Sections IV, V or VI of this Agreement.
(iv) Commercial Automobile Liability insurance, or comparable self-insurance
through the Commonwealth of Virginia, including coverage for liability arising
out of the use of owned, hired, and non-owned automobiles, for both bodily injury
and property damage, with a limit of not less than One Million Dollars
($1,000,000) combined single limit per accident.
(v) Workers’ compensation – according to Virginia statutory requirements and
benefits.
(vi) Notwithstanding the foregoing, neither the contractual liability coverage noted in
Section X(A)(i) nor the provisions of Section X(A)(ii) are applicable to UVa as
they are not included in the Commonwealth of Virginia’s self-insurance.
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B. Additionally, the County shall have the following insurance obligations:
(i) Obtain and maintain property insurance for the full replacement cost of: the
Facility and related improvements to the Leased Premises on which the Facility is
constructed, and for the furnishings, fixtures and equipment contained therein
(“Insured Property”). Obtain and maintain property insurance for the full
replacement cost of: the Facility and related improvements to the Leased Premises
on which the Facility is constructed, and for the furnishings, fixtures and
equipment purchased with funds contributed by the Parties pursuant to Sections
IV, V or VI of this Agreement (“Insured Property”).” The insurance coverage
shall be for the benefit of UVa, the City and the County, and shall insure the
Parties against loss or damage by fire and other perils as provided in a broad form
extended coverage or similar property policy. Such policy or policies shall also
include coverage for earthquake and equipment breakdown losses and name UVa,
the City, and the County as insureds thereunder, as their respective interests may
appear. All proceeds paid pursuant to this coverage shall be paid to the County
and the County shall apply said proceeds to the Facility. The County may add the
Insured Property to policies that it already has in place, or may obtain other
insurance. All costs and expenses of this required property insurance shall be
shared by the Parties as part of the Operational Costs referenced in Section VI of
this Agreement.
(ii) Require contractors and subcontractors procured by Count y to perform
construction of the Facility and related improvements, to have and maintain
throughout performance of such work, the following insurance coverage: (i)
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commercial general liability insurance with a liability limit of at least $1,000,000
per occurrence and an aggregate of $3,000,000, to include premises/operations,
personal injury, products/completed operations, contractual, and “X,C,U”
hazards, (ii) commercial automobile liability insurance of at least $1,000,000 per
accident to cover all owned, hired, and non-owned vehicles, (iii) workers’
compensation insurance in accordance with the Virginia Workers Compensation
Act and employer’s liability insurance with limits of at least $500,000; (iii)
builder’s risk insurance coverage in an amount not less than the completed value
of the Facility, including all foundation work and project soft costs. Liability
coverages must be occurrence based. The aforementioned builder’s risk coverage
shall remain in effect until completion of the Facility and at such time as the
Parties take possession of the Facility, and shall include the interests of the
County, the City, UVa and the Contractor, as their interests may appear. Evidence
of the above insurance policies must be provided by contractors and
subcontractors in the form of a certificate of insurance, prior to performance of
any construction. Each policy required by this paragraph shall be endorsed to
name the County, the City and UVa as additional insured parties, and to require
30 days’ notice of cancellation or modification of coverage. UVa shall be listed
as follows on the additional insured endorsement coverage: The Commonwealth
of Virginia and the Rector and Visitors of the University of Virginia, its officers,
employees and agents.
C. Licensed insurance pooling organizations in Virginia, such as VML and VACORP, are
acceptable insurers for meeting these insurance requirements. To the extent that any
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insurance policies required by this Section are obtained from commercial insurance
companies, the coverage shall be obtained from companies rated A- or better in the most
current issue of A.M. Best's Insurance Ratings Guide. Insurers shall be licensed to do
business in the Commonwealth of Virginia and be domiciled in the USA. Any deductible
amounts under any insurance policies required hereunder shall not exceed $100,000 per
loss. Each Party shall, upon request of any other party, provide evidence of insurance
required by this Section.
D. Any Party shall have the right to provide any insurance coverage required herein in a
blanket policy, provided such blanket policy expressly affords coverage for the Facility
and related improvements, and to the other Parties, as may be required by this Section.
E. Each Party shall give the other Parties written notice in the event of any change or
modification of its insurance coverage required by this Section X, when such change or
modification would reduce the insurance in coverage or limits, suspension, cancellation,
termination or lapse of insurance coverage. Such notice shall be sent directly to each
Party in accordance with the notice requirements of this Agreement. Such notice shall be
sent within 10 days of such Party’s own notice of such change or modification.
F. It is understood that UVa, an agency of the Commonwealth of Virginia, will meet its
insurance obligations outlined in this section 10 through its participation in the
Commonwealth’s financial plan of risk management that is in the nature of self-
insurance, administered in accordance with the Code of Virginia, as amended.
G. Any Party shall have the right to provide any insurance coverage required herein in a
blanket policy, provided such blanket policy expressly affords coverage for the Facility
and related improvements, and to the other Parties, as may be required by this Section.
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H. Each Party shall give the other Parties written notice in the event of any change or
modification of its insurance coverage required by this Section, when such change or
modification would reduce the insurance in coverage or limits, suspension, cancellation,
termination or lapse of insurance coverage. Such notice shall be sent directly to each
Party in accordance with the notice requirements of this Agreement. Such notice shall be
sent within 10 days of such Party’s own notice of such change or modification.
I. In the event that any Party fails to carry and maintain the insurance required by this
Section X, such Party shall be responsible for all damages to the other Parties arising out
of such failure, including, without limitation, payment of all monetary amounts and
contributions that the required insurance was intended to cover. Nothing in this paragraph
shall be construed as a waiver of the sovereign or governmental immunity of the
Commonwealth of Virginia, UVa, the County or the City, or their respective official,
employees or agents.
XI. RELATIONSHIP OF THE PARTIES
A. The County shall serve as Fiscal Agent for the Parties in connection with the joint
undertaking described within this Agreement, in accordance with the provisions of this
Agreement. Notwithstanding such fiscal agency, nothing in this Agreement is intended
or shall be construed as in any way creating, establishing or conferring any right upon
any Party to act as an agent or representative of any other Party for any purpose or in any
manner whatsoever.
B. The City and County understand and acknowledge that UVa is an agency of the
Commonwealth of Virginia and with respect to tort liability for acts or occurrences on or
about the Facility and the Leased Premises on which it is constructed, including product
Page 25 of 30
liability, the Commonwealth and UVa are either: (i) constitutionally immune (or partially
immune) from suit, judgment or liability, (ii) insured, or (iii) covered by a financial plan
of risk management that is in the nature of self-insurance, all as determined by applicable
laws, government policies and practices.
C. No Party to this Agreement has agreed to provide any indemnification or save harmless
agreements running to any other Party or Parties. No provision, covenant or agreement
contained in this Agreement shall be deemed to be a waiver of the sovereign or
governmental immunity of the Commonwealth of Virginia, UVa, the County or the City
from tort or any other liability.
D. The County shall serve as Fiscal Agent for the Parties in connection with the joint
undertaking described within this Agreement, in accordance with the provisions of this
Agreement. As the Fiscal Agent, the County shall receive a total annual payment of two
percent of the annual Operating Budget, the cost of which will be allocated per the
Formula established in Section IV(B)(2) of this Agreement.
E. This Operating Agreement may be modified only by written agreement, signed and
executed by all of the Parties.
XII. DISPUTE RESOLUTION
A. Operational issues. In the event that a dispute about the operation of the Facility arises
between the Parties, the three Chiefs of Police shall settle the dispute among themselves.
If the three Chiefs cannot settle the dispute, they shall refer the matter to the CEOs of
their respective jurisdictions. The CEOs shall then settle the dispute among themselves.
If the CEOs cannot resolve the dispute, they shall proceed as set forth within paragraph
(B), below.
Page 26 of 30
B. Other contractual issues. Any disputes or claims among the Parties, whether for
monetary or other relief, shall be resolved informally among the Parties’ CEOs. If the
CEOs are unable to resolve a dispute or claim, the Parties agree that they will attempt
resolution through non-binding mediation. If such mediation does not resolve the dispute
or claim, the Parties may exercise any legal rights or remedies that may be available.
XIII. HAZARDOUS MATERIALS
The Parties recognize and agree that the operation of a firing range by necessity involves
the use of substances that may be considered Hazardous Materials, including ballistics and
explosives customarily used at law enforcement training facilities/ firing ranges. It is understood
that the Parties, and any third parties licensed or permitted to use the Facility, may bring
ballistics and explosives customarily used at law enforcement training facilities/ firing ranges
onto the Leased Property and may use said ballistics and explosives within the Facility. Aside
from the transport or use of ballistics and explosives, and incidental use of cleaning agents,
customarily used at firing ranges, the Lessees shall neither take any action to place, nor cause or
permit to be placed, Hazardous Materials on or within the Facility or the Leased Premises on
which it is constructed, nor will they take, or cause to be taken, any action that would result in an
environmental condition as referenced herein. As used in this Lease, the term "Hazardous
Material" means those substances, materials, and wastes listed in the United States Department
of Transportation Hazardous Materials Table (49 CFR 172.10 1) or classified by the
Environmental Protection Agency as hazardous substances (40 CFR Part 302), or such
substances, materials and wastes which are or become regulated under any applicable local, state
or federal law, including, without limitation, any material, waste or substance which is (1)
petroleum, (2) asbestos, (3) polychlorinated biphenyls, (4) designated as a hazardous substance
Page 27 of 30
pursuant to the federal "Clean Water Act", the federal "Resource Conservation and Recovery
Act", or the federal "Comprehensive Environmental Response, Compensation and Liability Act",
or (6) lead, other than ballistics and/or explosives customarily used at firing ranges.
XIV. DISSOLUTION; EFFECT OF PARTY WITHDRAWAL
A. Upon the expiration or earlier termination of this Agreement as to all Parties, any
balances in the Operating Account, Capital Fund, and Capital Reserve shall be applied as
follows: (i) first, to satisfaction of the Parties’ obligations under the Lease for surrender
of the Facility, including, without limitation, removal of the Facility, Lessee
Improvements and/or Site Improvements (as defined in the Lease) and repair or
restoration of the Leased Property, and then (ii) any unexpended funds shall be
distributed and paid out to the Parties according to cost allocation formula for the
applicable year. Title to and ownership of the Facility shall be conveyed to the
University, as provided within the Lease.
B. To the extent existing funds are not sufficient to cover the full cost of removal and
restoration, any additional costs shall be allocated per the original construction
percentages which are University, eighteen percent (18%); County, forty four percent
(44%); City, thirty-eight percent (38%).
XV. APPLICABLE LAW, FORUM, VENUE AND JURISDICTION
A. This Agreement shall be governed in all aspects by the laws of the Commonwealth of
Virginia, and the jurisdiction, forum, and venue for any litigation with respect hereto
shall be in the Circuit Court of Albemarle County, and in no other court.
Page 28 of 30
B. In using the Facility, and in otherwise performing their obligations under this Agreement,
the Parties shall comply with all applicable federal, state, or local laws, ordinances, rules
or regulations, now or hereafter in force during the Term, governing the establishment,
maintenance, operation and use of the Facility.
XVI. NOTICES
A. Form; effectiveness. Whenever this Agreement requires a Notice to be given to any
Party/ Parties, such Notice shall be given in writing, and shall be effective on the date
given. Notice given by mail shall be deemed given on the date deposited in the U.S. mail
and sent by certified mail, return receipt requested.
B. Addressees: Notices shall be given to the Parties’ representatives designated below. Any
party may, by notice to the other Parties, re-designate its representative to receive notices
and/or the addresses to which notices may be sent:
(1) Albemarle County: Send to Tom Foley, County Executive. Address for Mail and
Deliveries: County Executive, 401 McIntire Road, Charlottesville, Virginia, 22902.
Facsimile: 434-296-5800. E-mail: tfoley@albemarle.org
(2) City of Charlottesville: Send to Maurice Jones, City Manager. Address for Mail: P.O.
Box 911, Charlottesville, VA, 22902. Address for Deliveries: City Hall, 605 East Main
Street, 2nd Floor, Charlottesville, Virginia, 22902. Facsimile: 434-970-3890. E-mail:
mjones@charlottesville.org
(3) University of Virginia: Send to Patrick Hogan, Executive Vice President and Chief
Operating Officer. Address for Mail: P.O. Box 400228, Charlottesville, VA 22904-
4228. Address for Deliveries: Madison Hall, 1827 University Drive, Charlottesville, VA
22903. Facsimile: 434-982-2770. Email: pdh9t@Virginia.EDU Copies to: Director,
Real Estate and Leasing Services, P.O. Box 400884, Charlottesville, VA 22904-4884 and
Chief of Police, University of Virginia Police Department, P.O. Box 400214,
Charlottesville, VA 22904-4214
XVII. ENTIRE AGREEMENT
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This Agreement, together with the Lease, constitutes the entire and complete agreement
of the Parties, and the provisions set forth herein and in said Lease supersede all
communications, negotiations, arrangements and agreements, whether oral or written, between
the Parties with respect to the subject matter of these Agreements.
XVIII. COUNTERPARTS
This Agreement may be executed in multiple original counterparts, each of which shall
be an original, but all of which shall constitute one and the same Agreement. Signature pages of
this Agreement may be detached from any counterpart of this Lease and re-attached to any other
counterpart of this Lease which is identical in form hereto but having attached to it one or more
additional signature pages.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year shown below.
COUNTY OF ALBEMARLE
Date:_____________ By:_________________________________
Thomas C. Foley
County Executive
CITY OF CHARLOTTESVILLE
Date:______________ By:_______________________________________
Maurice Jones
City Manager
Page 30 of 30
UNIVERSITY OF VIRGINIA
Date:______________ By:_______________________________________
Patrick Hogan
Executive Vice President and
Chief Operating Officer
RESOLUTION TO APPROVE AN OPERATING AGREEMENT AND A
GROUND LEASE AGREEMENT FOR A REGIONAL FIREARMS TRAINING
FACILITY AT 2300 MILTON ROAD, CHARLOTTESVILLE, VIRGINIA
WHEREAS, the County of Albemarle (“County”), the City of Charlottesville
(“City’), and the University of Virginia (“UVA”) have agreed, through the approval of
their governing bodies, to construct a regional firearms training center (the “facility) on
property owned by UVA located at 2300 Milton Road, Charlottesville, Virginia (Tax
Map and Parcel 09300-00-00-00700) for the use of County, City and UVA public safety
personnel; and
WHEREAS, the Operating Agreement between the County, the City and UVA
will set forth the funding formula for both the capital investment and the ongoing
operating costs of the facility, as well as the provisions that govern the day-to-day
operations of the facility; and
WHEREAS, the Ground Lease Agreement between the County, the City and
UVA will set forth the terms of the Lease of the property, with the costs shared pursuant
to the terms of the Operating Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby approves the Operating Agreement and the Ground Lease Agreement
and authorizes the County Executive to sign the Agreements once they are approved as to
content and form by the County Attorney.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a
vote of _______ to _______, as recorded below, at a meeting held on
______________________.
_________________________________
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:
Community Engagement Strategies and Future
Direction
SUBJECT/PROPOSAL/REQUEST:
Discussion regarding current and future community
engagement initiatives
STAFF CONTACT(S):
Foley, Davis, Catlin, Lewis, Kirby
PRESENTER (S): Lee Catlin
LEGAL REVIEW: Yes
AGENDA DATE:
December 10, 2014
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Board’s FY 15 - FY 17 Strategic Plan includes a goal regarding community engagement - “Successfully engage
citizens so that local government reflects their values and aspirations”. That goal includes a first year priority as
follows: By June 2015, increase opportunities for meaningful citizen engagement . Staff is anxious to review current and
planned community engagement initiatives with the Board and receive feedback and guidance regarding fulfilling the
intentions of the strategic plan goal. The purpose of this agenda item is to engage the Board in meaningful discussion
about their preferences for the future direction of our community engagement program, including creative and innovative
ways to encourage and facilitate active citizen involvement in county government.
STRATEGIC PLAN:
Citizen Engagement: Successfully engage citizens so that local government reflects their values and aspirations
DISCUSSION:
Background:
Effective community engagement is a core function of local government. Recognizing the growing needs identified
with supporting a robust and meaningful community engagement program, the County established a dedicated
Community Engagement Specialist position in 2007. Major responsibilities for that position included:
Liaison/support for the Board’s appointed Community Advisory Councils
Training/outreach with homeowners associations and other civic groups
Managing public participation related to capital projects and other major county initiatives
While the Specialist position was eliminated in 2009 as part of the County’s overall workforce reduction effort during
the recession, the critical needs associated with community engagement have continued to grow significantly since
that time.
The County’s capital program has projects underway, such as the Police Firearms Training Facility, the
Northside Library and the Crozet Streetscape Project, which all have required substantial community
involvement during planning, design and construction phases to ensure that citizen needs and concerns are
an integral part of the process.
The four Community Advisory Councils (soon to be five or six with the adoption of the Southern/Western
master plan at the conclusion of the Comprehensive Plan update) are all very actively engaged in issues of
concern to their specific master plan areas and to the development area as a whole.
The Route 29 Solutions Package will require significant and ongoing community engagement for the entire
three year period of design and construction.
Major policy issues, including identifying long-term solid waste solutions and a permanent water resources
funding mechanism , have extensive community engagement plans in place.
The reestablishment of the Community Engagement position is an important step in addressing the needs described
above. In addition, County staff will continue to be proactive and strategic in using available tools and identifying
emerging options to promote effective communication and engagement. The Board’s input on its expectations
regarding community engagement will guide staff in prioritizing its efforts.
AGENDA TITLE: Community Engagement Strategies and Future Direction
December 10, 2014
Page 2
Review of Current Community Engagement Initiatives:
The County’s community engagement efforts are guided by the administrative guidelines adopted in 2007 that outline
the County’s philosophy and approach (Attachment A). These guidelines require the creation of public engagement
plans that provide a very specific and detailed approach to assessing needs and developing strategies to ensure that
the appropriate level of public engagement is achieved for each individual situation (Attachment B). The spectrum of
community engagement options ranges from fairly basic public information, which requires only one-way
communications (an example would be an upcoming election where people need to know about a change in polling
location) to full collaboration, which requires ongoing dialogue (an example would be the development of a long range
solid waste solution). There are different tools and strategies that are appropriate and effective for all stages along the
continuum. Attachment C provides activity levels for our major communications tools in 2014.
Examples of public information/education tools:
o Website
o Amail
o Audiostreaming/podcasting of Board of Supervisor and Planning Commission meetings
o Social media – Facebook, Twitter, Youtube, Flickr
o Press releases
o Public hearings
Examples of public involvement/collaboration tools:
o Engage Albemarle
o Citizen surveys
o Community Advisory Councils
o Roundtables and town hall meetings
o Advisory committees, such as the Long-Term Solid W aste and W ater Funding Committees
Next Steps:
An immediate focus area for the Community Engagement Specialist is to reestablish the County’s neighborhood
homeowners association database and outreach mechanisms to create an effective network for Route 29 Solutions
engagement and other pressing issues. Other short term priorities include developing neighborhood association
leadership training and partnering with the Virginia Department of Transportation and other community partners on a
comprehensive neighborhood communication and outreach effort for Route 29 Solutions. Staff is anxious to hear
other priorities of the Board related to community engagement. Staff is also looking for guidance from the Board
regarding video streaming. Attachment D outlines options, including budget impacts, for implementing video
streaming.
BUDGET IMPACT:
The only immediate budget impact would be the cost of implementing video streaming as outlined in Attachment
D if the Board decides to move forward with that initiative.
RECOMMENDATIONS:
Staff requests that the Board provide feedback and guidance as to its expectations regarding the future focus of the
County’s community engagement efforts, including direction on video streaming.
ATTACHMENTS:
Attachment A – Administrative Guidelines for Public Participation Plans
Attachment B – 10 Steps for Creating a Public Participation Plan
Attachment C – Activity Levels
Attachment D – Options for Video Streaming
Return to agenda
Public Participation Plan Guideline - Revised 02-29-08
Page 1of 6
Albemarle County Government
Administrative Guidelines for Public Participation Plans
I. Planning for Meaningful Public Participation
As a government entity, Albemarle County is entrusted to administer and invest public resources
to accomplish a variety of goals and objectives that benefit Albemarle County. Planning for
meaningful, timely, effective and consistent public participation in appropriate aspects of County
activities is essential to the successful implementation of County policies, programs, and projects.
▪ Meaningful public participation builds relationships with citizens based on mutual trust,
inclusiveness and respect.
▪ Meaningful public participation helps promote democracy and civic engagement, builds
public trust in government, enhances the County’s credibility within the community, and
improves the quality and effectiveness of County plans and decisions.
▪ Meaningful public participation means that the County develops citizen participation
activities that reflect the County Values and Guiding Principles outlined below.
A. Purpose of the Public Participation Plan Guidelines
The purpose of the Public Participation Plan Guidelines is to establish a systematic approach
to determining the appropriate level of public participation, if any, for a County project. The
objective is to engage citizens in meaningful ways, when appropriate, to assist the County in
successful project implementation.
B. Guiding Principles
Building on the County’s values of Integrity, Innovation, Stewardship and Learning, these
Guiding Principles form the foundation for creating meaningful County public participation
activities:
1. Building relationships, trust and community capacity—The foundation for successful
public participation is opening channels of communication early with partners and
stakeholders, and developing collaborative working relationships with them. Effective
public participation activities should leave neighborhoods and communities stronger
and with increased capacity to influence their livability.
2. Inclusive and respectful—Broad public participation will be welcome. An effort will be
made to identify, invite and encourage stakeholders to be involved early in public
participation processes. Their input and feedback will be given careful and respectful
consideration.
3. Adaptable and creative—The extent, timing, manner, and outcomes of public
participation activities will necessarily vary to suit the circumstances and magnitude of a
particular project or decision, and facilitate maximum public participation.
4. Transparent results—The public participation process will be transparent with results to
be fully shared back to participants and with officials involved in the decision-making
process.
Public Participation Plan Guideline - Revised 02-29-08
Page 2of 6
C. Public Participation Levels and Definitions
To provide a framework for public participation activities, it’s helpful to define public participation
concepts. The term “Public Participation” takes in all levels of “public” information, education,
relations, outreach, input, involvement and collaboration. Public outreach is a basic element
needed for any level of public participation. The intensity of participation increases from left to
right, beginning with one-way information to two-way communication and collaboration. The
graphic below illustrates the correlation and differences among the terms used to describe public
participation.
1. Definitions of terms used in the graphic above:
a. Public Participation—Any process that strives to inform, gather input or
involve the public regarding decision-making processes. Public participation
is the umbrella term to describe all levels of “public” information,
education, relations, outreach, input, involvement and collaboration.
2. Public Outreach—Identifying and inviting target audiences and stakeholders
to participate in a public participation activity, or to market Albemarle
County products and services.
a. Public Information—A one-way communication from Albemarle County to
the public with the goal of providing balanced and objective information to
assist them in understanding the problems, alternatives, opportunities
and/or solutions.
b. Public Education—A hands-on public participation activity with the goal of
deeper public understanding about the project, program or activity e.g.
questions and answer sessions, guided tours, etc.
c. Public Input—Seeking community feedback on a proposal, analysis or
alternatives. Requires a response from the public, but limited opportunity
for public dialogue.
Public Participation Plan Guideline - Revised 02-29-08
Page 3of 6
d. Public Involvement—Working directly with the public throughout a process
to ensure that the project, issues, aspirations and concerns are consistently
understood and considered by staff in planning and decision-making.
Involvement includes many elements of both public information and public
outreach, but adds a third dimension of two-way communication.
e. Public Collaboration—Collaborating with members of the public in some or
all aspects of a decision, including the development of alternatives and the
identification of a preferred solution.
2. Additional Definitions:
a. Public Participation Plan—A customized plan for undertaking public
involvement, information, education and/or outreach activities for a specific
project or decision-making process.
b. Public Relations—The dissemination of information to the media and the
public, with an emphasis on the promotion of a particular policy, project, or
solution.
c. Stakeholders—Any individual, group of individuals, organization or political
entity that has an interest in or is potentially impacted by a County policy,
program, or project.
d. Target Audiences—Specific private or public individuals, groups, and
strategic partners within the larger community who are impacted by and
whose participation is needed or highly desirable to achieve an identified
public participation or project goal.
Public Participation Plan Guideline - Revised 02-29-08
Page 4of 6
II. Requirements for Public Participation Plans
With the fundamentals of public participation defined, the next consideration is determining
when public participation plans are required. A well-designed public participation plan
results in several important outcomes:
▪ Helps County staff determine whether or not public participation is necessary for a
particular project.
▪ Helps County staff determine the types of participation activities that will be meaningful
and effective.
▪ Creates accurate expectations for County staff and the public about the goals of public
participation activities, building better relationships with the community.
▪ Creates consistent public participation activities based on best practices.
Note about consultants: In the event any public participation activities are part of a scope of
work being performed for Albemarle County by others through a contractual arrangement
(i.e. consultant or interagency agreement), County staff will maintain responsibility for
insuring that the public participation activities are fully in accordance with the Public
Participation Plan Administrative Guidelines, including the development of a Public
Participation Plan.
A. Public Participation Plan
1. The purpose of a Public Participation Plan is to provide a clear description to
stakeholders of why, when, and how they can participate. Having a clear Plan at the
beginning of a process will help alleviate misunderstandings during and at the end
of the process about how input is to be used and decisions are to be made.
2. Prior to starting a project that includes public participation activities, a Public
Participation Plan containing a schedule and description of all the planned public
participation activities needs to be prepared and approved by the Community
Relations Director.
3. During the public participation process, it is entirely appropriate to revise the Plan
or schedule as circumstances require, so long as that is clearly articulated to the
stakeholders, and the revised Plan is approved and modified to reflect changes.
4. Additional details, suggestions and resources for designing a Public Participation
Plan are contained in a Public Participation Guide maintained by the Community
Relations Office.
Public Participation Plan Guideline - Revised 02-29-08
Page 5of 6
B. Required Public Participation Plans
According to the Albemarle County Public Participation Plan Administrative Guidelines, a public
participation plan is required for the types of projects or activities described below. The decision
to create a public participation plan for a specific project or activity will be made jointly by the
community Relations Office and the appropriate department head. If you think you may have a
project that should have a Public Participation Plan, please contact the Community Relations
Director.
1. Major Policy Decision: When Albemarle County is developing a major policy or
implementation plan that will be adopted by the Board of Supervisors.
Examples:
Comprehensive Plan Chapter Amendments
Master Plans
2. Project Planning: When Albemarle County is creating a study or planning a project for a
specific area to implement an adopted master plan strategy or construct a public facility.
Examples:
Crozet Old School Reuse Study
Crozet Library
New Pantops Fire Station
3. Strategies and Programs: When Albemarle County is developing an implementation strategy
or program to guide future efforts and investment by the Board of Supervisors to meet
County goals.
Example:
Budget
4. Other Public Participation Activities: When undertaking any public participation activity,
staff should follow County guidelines and best practices in planning and carrying out those
activities. Development of a Public Participation Plan is highly recommended whenever public
participation activities are planned for a project or process.
Example:
Crozet Town Meeting
5. Note about Legally-required public notice/participation: Procedures for public notice and/or
public participation contained in federal, state or local laws or regulations and applicable to a
particular program or project activity shall be followed in lieu of any similar process otherwise
required by the Public Participation Plan Guidelines.
Public Participation Plans are critical for projects where:
a. The County has flexibility with elements of a project that could impact stakeholders
and/or neighborhoods (e.g. timing, construction use closures, minor design elements,
retail strategy, etc.).
b. There is significant public interest in a specific project that the County is contemplating or
undertaking.
c. A County project follows or is a continuation of another public project in the same area
and community interest has been or is heightened by the previous project.
Public Participation Plan Guideline - Revised 02-29-08
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C. Public Participation Guide.
The extent of public participation will necessarily vary based on a variety of factors, including:
▪ The desired outcome (e.g. policy, plan or decision).
▪ Geographic scope and impact.
▪ Financial magnitude of public investment.
▪ Relationship to existing public policies and plans.
▪ Extent and diversity of stakeholder impacts and interest.
Additional details, suggestions and resources for designing a public participation process
and plan are contained in a Public Participation Guide maintained by the Community
Relations Office.
D. Authorities and Responsibilities
1. Community Relations Office
a. The Community Relations Director is responsible for and authorized to approve all
Public Participation Plans.
b. The Community Relations Office is responsible for developing and maintaining a Public
Participation Guide for staff to use as a resource in developing a Public Participation Plan
and carrying out related public participation activities.
c. This Guide will contain standard Albemarle practices and procedures, as well as
suggestions, tips and best practices recommended by public participation professionals.
d. The Community Engagement Specialist is responsible for ensuring that these guidelines
and County practices contained in the Public Participation Guide are in compliance with
County Code and associated standards and procedures related to public participation.
e. The Community Engagement Specialist in collaboration with Human Resources is
responsible for providing training and technical support to staff in meeting the
requirements of these guidelines and integrating effective public participation in projects
and programs.
2. Directors and managers are responsible for ensuring that projects under their supervision
incorporate public participation plans and activities that promote and support the guiding
principles of these guidelines.
3. Project managers and staff are responsible for promoting and implementing effective public
participation activities in projects and programs that they supervise or support.
Project Name Page 1 Plan Date
ALBEMARLE COUNTY
10 Steps for Creating a
Public Participation Plan
Public Participation Plan for:
Project Title
Project Plan Date
Albemarle County Project Manager:
Name/Title/Email
Project Name Page 2 Plan Date
Introduction: Ten Steps for Creating
a Public Participation Plan
This document contains 10 steps to help you develop and organize your public participation
activities to be effective and meaningful in accomplishing your project goals.
o Whether planning public participation for a large or small project, it is important to
address and think through each one of the 10 steps. Most public participation plans will
be simple and short – no longer than a two-page memo (check out the sample plans on
the Community Relations Public Participation SharePoint site). For large projects with
multiple public participation activities, a more detailed plan may be necessary.
o The purpose of your public participation plan is to help you think through the project to
design activities that will meet the project’s public participation goals, not to make a huge
amount of extra work for you. A well-planned approach to your public participation
activities will save you time in the long run.
o Some project goals may even lead you to a public participation plan that calls for little or
no public participation. The most important outcome of a public participation plan is
that County staff, elected officials, and the public will both be clear on the appropriate
level and goals of public participation activities for a given project.
o If consultants are leading the public participation efforts for a project, a public
participation plan addressing these steps is also necessary.
Contact Community Relations for Guidance and Final Approval
The Community Relations Department is your resource for guidance and support for the
development of your Participation Plan. You are encouraged to contact Community Relations
early in the process.
1. Once you have drafted the plan, and before starting implementation, submit a copy to the
Community Relations Director for review and approval.
2. The approved plan should be made available to the general public and project participants
by posting it on the Albemarle County website as well as by providing electronic or hard
copies, as appropriate.
Project Name Page 3 Plan Date
The Ten Steps
Step 1: Describe the Project
The first step in developing a public participation plan is to provide a clear project description to
lay the foundation for a successful and achievable public participation process within the timeline,
geographic area, staff and budget limitations of the overall project. This information will be used
to explain the project to those persons subsequently engaged in public participation activities of
the Plan. This will also help communicate the boundaries of public participation in planning,
program development or decision processes.
Example: This project will focus on the creation of a master plan for the long term development of Western Park in
Crozet. During the course of this project, other recreational facilities desired for the Crozet community may be
identified that are not able to be accommodated in Western Park – planning for those facilities will be the subject of a
future project and will not be within the scope of this project. Work Product for this Project – completed master plan
for presentation to the Planning Commission and Board of Supervisors
Step 2: Assess Level of Public Concern or Interest
To determine the appropriate level of public participation, it is important to assess the degree to
which the public considers the issue significant. The public will become involved according to its
perception of the seriousness of the issue. Therefore, it is important to anticipate the public’s level
of interest or concern regarding a project or program. The Assessment Worksheet on the next
page will help you think about questions you might ask to gauge the level of public interest or
concern.
Project Name Page 4 Plan Date
Worksheet for Step 2: Assessing Public Interest and Concern
The results of this worksheet can give you a general sense of the level of public participation
recommended for the project. You may have additional questions that are important to the
community to include in this assessment. In addition, a minimum level of public participation may
be prescribed by regulation or federal grant requirements, in which case this worksheet might be
useful in determining whether the minimum level is sufficient or a higher level should be
considered. As you assess public interest or concern, be aware that the minimum level of public
participation will be public information and education. If any marks register at the “very high”
level, careful evaluation should be given to the level of public participation even if the average
score was otherwise low.
Complete this assessment with all members of the project team at the table. If you’re doing
this online, double-click on the table below to activate Excel, and the worksheet will
automatically calculate the desired public participation level after you enter an “x” to assess
each question.
Assessment Questions Very Low
Level 1
Low
Level 2
Moderate
Level 3
High
Level 4
Very High
Level 5
1. What is the anticipated level of conflict, concern
controversy, or opportunity on this or related issues?
2. How significant are the potential impacts to the public?
3. How much do the major stakeholders care about this
issue, project or program?
4. What degree of involvement does the public appear to
desire?
5. What is the potential for public impact on the potential
decision or project?
6. How significant are the possible benefits of involving the
public?
7. How serious are the potential ramifications of NOT
involving the public?
8. What level of public participation does the Board of
Supervisors desire or expect?
9. What is the possibility that the media will become
interested?
10. What is the probable level of difficulty in solving the
problem or advancing the project?
Count number of checks in each column 0 0 0 0 0
Multiply number of checks by level number 0 0 0 0 0
Total all 5 columns 0
Divide by 10 to calculate desired level of Public
Participation on the Spectrum
0
Project Name Page 5 Plan Date
Step 3: Determine Level of Public Concern or Interest
After assessing the level of public interest or concern using the worksheet in Step 2, it will be
easier to plan for the appropriate level of public participation and establish effective goals. The
Public Participation Spectrum below illustrates the four levels of public participation: Public
Information, Public Input, Public Involvement and Public Collaboration. Each of these levels
serves a different purpose with a different outcome. A public participation plan will almost always
require more than one level of participation.
Based on your results from the assessment worksheet in Step 2, use the “Public Participation
Spectrum” below to identify the appropriate level of public participation for your project. Note
that each level has a different obligation and outcome.
Enter the average score from the Assessment Worksheet in Step #2: ___
Identify the public participation level using the Public Participation Spectrum below: __ _
One-way communication
between Albemarle County
and the public to provide the
public with balanced and
objective information to assist
them in understanding the
problems, alternatives,
opportunities and/or solutions.
Seek public feedback on a
proposal, analysis or
alternatives. Requires a
response from the public,
but limited opportunity for
public dialogue.
Work directly with the
public throughout the
process to ensure that issues,
aspirations and concerns are
consistently understood and
considered. Includes
elements of public
information and outreach,
but adds a third dimension
of two-way communication.
To collaborate with the
public on some or all
aspects of the planning or
decision including the
development of alternatives
and the identification of the
preferred solution.
Promise to the Public
We will keep stakeholders
informed. We will keep stakeholders
informed, listen to and
acknowledge concerns,
aspirations and provide
feedback on how public
input influenced the
decision.
We will work with
stakeholders to ensure that
their concerns, aspirations
and issues are directly
reflected in the alternatives
developed and provide
feedback on how public
input influenced the
decision.
We will look to stakeholders
for direct advice and
innovation in formulating
solutions and incorporate
their recommendations into
the decisions to the
maximum extent possible.
Example of Tools to use
Fact sheet
Press Release
Open House
Tour / Site Visit
Public Meeting
Appreciative Inquiry
Focus Group
Survey
Workshop
Design Charrettes
Citizen advisory
committee
Board-appointed
commission
Special task force
Adapted from the IAP2 Public Participation Spectrum
Public Participation Spectrum
Project Name Page 6 Plan Date
Step 4: Identify Public Participation Goals
After determining the appropriate level of public participation for the project, the next step is to
define your goals for inviting the public to participate. Refer to the “Promise to the Public” list in
the Public Participation Spectrum in Step 3 as you refine your goals. You may also mix different
levels of participation, along with media and public outreach components, in your goals.
Here are questions to consider as you develop your goals:
Could this be an opportunity to . . .
Create a better project
Incorporate other community goals into the project
Benefit from public input, involvement or support regarding the project
Collaborate with citizens or organizations in overlapping areas
Raise visibility of County government in the local community
Enhance specific project milestones or decision processes
Promote good news, programs or projects sponsored by Albemarle County Government
Strengthen or repair public trust
Example goals:
o Gather public feedback about community desires for the ultimate future of Western Park
o Establish realistic expectations about the schedule for improvements to the park
o Provide transparent process for how public input is used in developing project alternatives
o Disseminate community input to ultimate decision makers for their consideration
Project Name Page 7 Plan Date
Step 5: Identify Stakeholders
With goals and public participation levels in hand, it is easier to identify stakeholders and what
level of public outreach is needed. When creating your list of stakeholders, make sure you think
about audiences that may not typically be engaged, to try to cover a broad range of citizens.
Example Stakeholders:
o Crozet Park Board
o Crozet Community Advisory Council
o Crozet Community Association
o Old Trail developers
o Crozet residents
o County residents
Project Name Page 8 Plan Date
Step 6: Select Tools
Different public participation goals typically require different tools and approaches. The Public
Participation Toolkit on the Community Relations Public Participation website gives you a list of
recommended tools for each of the four levels of public participation, making it easier to pick
tools and activities that match public expectations and the desired level of participation. Carefully
considering public participation goals for the project can also provide guidance on whether or not
a combination of activities will help you reach the desired outcome.
Example:
If your public participation level is Public Involvement (work directly with the public throughout the process to ensure
that issues, aspirations, and concerns are consistently understood and considered and provide feedback on how public
input influenced decisions about the project), you would check that level in the toolkit and see which types of activities
are suggested, then choose the activity or activities that fit your budget, timeline, goals, staff resources, etc.
Tools/activities:
o Kick off meeting with Master Plan Committee
o Field trip/site tour opportunity for Master Plan Committee
o Public workshop to analyze existing conditions and generate ideas for what elements should be included in
the park master plan including small group discussion
o Provide opportunity online and in Crozet location for ideas about the master plan
o Based on information gathered through analysis and public feedback, preliminary master plan is prepared
and presented for review and comments to: CCAC, CCA, Crozet Park Board, Old Trail developers,
Master Plan Committee, Community open house, Planning Commission, Board of Supervisors
o Based on feedback gained through draft plan public review, final master plan will be drafted and presented
to the following for final review and comments: Master Plan Committee, Crozet community
o Review process then shifts into legally defined process – Master Plan Committee has completed their charge
at this point, community will have on-going public involvement as outlined in the legally defined process i.e.
public work sessions and public hearing
o Planning Commission
o Board of Supervisors
Project Name Page 9 Plan Date
Step 7: Create a Schedule
Any public participation plan should include a detailed timeline of the planning, program
development or decision-making processes as well as the public participation activities within that
process. Public information and input need to be timed early enough to provide the public
adequate opportunity to influence the decision.
For this step, we recommend creating a schedule/adding dates for the activities list you’ve defined in Step 6. If you
like, you can combine steps 6 and 7 in your public participation plan.
Project Name Page 10 Plan Date
Step 8: Identify Roles and Responsibilities
Identify everyone who has a role and/or responsibility in the planning, program development or
decision making processes. Most importantly, identify an overall public participation manager
responsible for tracking progress and completing each activity. Clearly identify who your
“ultimate decision makers” are with regard to the project. This will be very helpful to
have before beginning the development of public information materials and making
presentations to stakeholders, who will want to know how, when and by whom the
decision is going to be made.
Example:
Staff – work with consultant and the community to develop the master plan to present to the Planning Commission
and Master Plan, ensure the effectiveness of the public participation process, provide review and recommendations to
the ultimate decision makers in accordance with established county policies and plans, keep community informed
about progress of the plan through legal review process
Consultant – work with staff and the community to develop the master plan, record and honor public input,
communicate how public input has shaped decisions about the plan, present master plan to the Planning Commission
to start legal review process
Master Plan Committee – defined in committee charge
Planning Commission – review Master Plan, work with staff to resolve outstanding issues, hold a public hearing to
gather community input, make a recommendation to the Board of Supervisors
Board of Supervisors – review Master Plan and Planning Commission recommendation, work with staff to resolve
any outstanding issues, hold a public hearing to gather community input, vote to adopt the Master Plan
Project Name Page 11 Plan Date
Step 9: Gather and Disseminate Input and Results
If your public participation goals include public input, involvement or collaboration, you have the
added responsibility of disseminating the public’s input to decision makers and back to the public
at large. This “feedback loop” is necessary to demonstrate to the public that their time and effort
has been well invested and their comments and concerns have been understood and accurately
communicated to decision makers. It also shows the public how their input has been translated
and influenced the project, policy or program.
Note: The UVA Center for Survey Research Focus Group on communication in August
2007, found that “some participants felt that County decisions were offered as a “done
deal” and even when residents gave their opinion, it was not heeded.” We need to make it
clear that decisions are made for many reasons, and it is important that the why’s are understood
the community, even if not agreed with. And while County government places a high value on
input from our citizens, if the public doesn’t perceive that we value their contributions, then we
haven’t done our jobs. This is not to say that we can make everyone happy, or use every
suggestion that is given to us. But we do need to let people know how/why we have/have not
used their input.
Example: The plan will ensure dissemination of public input to decision makers and back to the public at large to
demonstrate how comments and concerns have been recorded and understood and accurately communicated. It will
also show the public how their input has been translated and how it influenced the outcome of the project. Examples
of the feedback loop include:
o The Western Park website will be kept up to date on all meetings and other events
o All comments generated at public meetings will be recorded and available for review on the county website
and will be available for decision-makers during their review
o Major revisions to the plan will be communicated to the community prior to being presented to either the
Planning Commission or the Board of Supervisors
o A Western Park Amail list will be established to keep interested citizens up to date
o Press releases and other materials will be sent out as appropriate to keep the community informed about the
progress of the project
o A community open house will be held in Crozet as the plan moves from the preliminary to the final design
stage
Project Name Page 12 Plan Date
Step 10: Evaluate Effectiveness
Evaluation should be an explicit part of the design for any public participation activity or plan.
Too often, evaluation is ignored or begun too late to help improve the project. Involving
stakeholders in designing and conducting the evaluation is a further way of partnering with the
public and creating a transparent process. Plan to constantly monitor and evaluate the outcomes
of its public participation efforts throughout the life of the project and make revisions as needed.
Example:
We will use evaluation as an ongoing tool to assess and improve the public participation plan as the project moves
forward, including the following strategies:
o Informal feedback
o Questionnaires/surveys
o End of project evaluation to see if goals are met – will reassemble the Master Plan Committee for this purpose
Many thanks to the Portland Development Commission for sharing their 10-steps guide, which
served as the foundation for this process.
2014 WEBSITE STATISTICS
Month Sessions Page Views Pages per
Session
Average
Session
Duration
Users Mobile Visits Bounce Rate
JANUARY 67,240 193,440 2.88 2:55 39,711 14,186 49.09%
FEBRUARY 61,212 178,111 2.91 3:01 36,131 12,974 48.52%
MARCH 67,499 193,493 2.87 3:09 39,045 15,596 50.16%
APRIL 66,627 192,908 2.90 3:06 39,191 14,046 48.64%
MAY 65,406 189,170 2.89 3:00 39,211 12,797 47.78%
JUNE 64,965 185,439 2.85 2:56 39,243 15,770 47.34%
JULY 66,324 184,032 2.77 2:57 39,207 17,830 49.03%
AUGUST 60,871 166,834 2.74 2:48 36,315 16,212 50.10%
SEPTEMBER 60,541 162,601 2.69 2:45 37,109 15,156 51.60%
OCTOBER 71,844 182,777 2.54 2:29 46,591 20,537 54.02%
NOVEMBER
(as of 11/19/14)39,401 108,397 2.75 2:41 25,478 9,685 48.47%
2014 A‐MAIL, PRESS RELEASE, & SOCIAL MEDIA STATISTICS
Month Facebook Likes Twitter
Follwers
Press
Releases A‐Mail
JANUARY 1,497 510 14 9
FEBRUARY 1,559 640 22 11
MARCH 1,589 720 21 14
APRIL 1,615 750 17 9
MAY 1,635 810 14 13
JUNE 1,664 857 14 10
JULY 1,767 925 15 16
AUGUST 1,792 940 9 15
SEPTEMBER 1,830 1,020 14 17
OCTOBER 1,870 1,081 18 12
NOVEMBER
(as of 11/19/14)1,881 1,111 9 6
AVERAGES:15/month 12/month
A‐MAIL STATISTICS
Time Range Sent Bounces Opens Clicks Forwards Active Contacts
OVERALL 995,679 15.5 30.8 15.4 98 4,302
LAST 3 MONTHS 63,261 3.6 31.4 6.3 3 Added 744
OTHER COMMUNICATION
(this high number is a result of adding local government employees)
SOCIAL MEDIA
Options for Video streaming
In assessing options for video streaming of Board meetings, the following parameters were established:
Only regularly scheduled meetings of the Board of Supervisors that take place in Lane Auditorium would be considered as part of an
initial assessment of options (for purposes of this assessment an average of 2 six hour meetings per month was used)
In addition to live streaming, video on demand must be available within 36 hours of each meeting
The video produced must be reliable, consistent and of broadcast quality video
Options that have been assessed and are not viable:
Partnership with Existing Media - A partnership Request for Information was issued in February, 2014, to local media outlets. Those
contacted declined to respond with a proposal.
Volunteers – Because of the need for videostreaming services during regular school hours and during holidays and summer vacation, a
volunteer arrangement with local schools is not a viable possibility. None of the 21 communities researched as part of this assessment
relies on volunteers due to the requirement for consistent and reliable service.
Partnership with Charlottesville – Charlottesville videography staff does not currently have the capacity to provide this service.
Viable Options:
Contract with Outside Video Provider – hire a third party provider to produce the video stream and provide online video on demand.
Video streaming Software Platform - purchase a software platform and associated equipment that can produce the videostream and
online video on demand.
These options are outlined on the matrix below:
Option Details Benefits Challenges Resources Required/Cost
Contract with
Outside Video
Provider
- Two technicians at each
meeting to operate multiple
cameras, edit the production and
monitor streaming.
- Videos would be stored on a
YouTube site for on demand
viewing.
- Multiple contractors are
available in the region, including
Windrose who has been
videostreaming the Route 29
Solutions Panel meetings.
- No additional
staffing required
- Professional quality
editing
- Multiples cameras
for better viewing
experience and higher
quality video
- Easy to pilot
- Mobile to other
locations
- Cost will rise if meetings go
beyond scheduled ending
time or if number of
meetings increases
- YouTube channel not
viewer friendly for searching
or watching selected agenda
items
- Does not integrate with
existing agenda process
- Less control over
scheduling, reliability and
quality
- Less potential for
community engagement
- Cost is approximately $3000 for a six
hour meeting
- The cost increases for meetings that
last beyond scheduled ending time
- Assuming an average of 2 meetings
per month lasting an average of six
hours each with several hours of
overtime per month built in, total cost
is provided below.
Total Estimated Cost –
No upfront cost
$75,000 annually
Videostream
Software
Package
-Several software packages exist
that could provide live and on
demand streaming through the
County website – -Granicus is the
most widely used and is the most
robust and cost effective option
among those researched
-can operate with one fixed
camera that requires no
additional staff support or with
multiple cameras
-Video is searchable by users
online by agenda topic
-Provides automated archiving of
meetings
-Provides video analytics to
understand and assess public
participation
- Integrates audio and
video with the agenda
which would eliminate
need for audiocast or
podcasting
-Provides immediate,
convenient access to
both live and archived
video
-Provides analytics
-Provides close
captioning and is ADA
compliant
- Minimal cost if
meetings run longer
than scheduled
- Has potential to add
citizen engagement
options
- Includes an iPad
application
- Use of one fixed camera is
challenging for our space
configuration, purchase of
an additional camera and
use of a temporary
videographer to switch
between cameras would
provide a better viewing
experience – all seven of our
peer jurisdictions using
Granicus use multiple
cameras
-Cameras are fixed in place
so mobility is very limited
- $3,900 upfront cost for required
software and hardware
- $1,000 upfront cost for each fixed
camera
- $750 per month support cost, or
$9,000 annually
- $3,000 annual videography support
if second camera is desired ($15
hourly wage for 180 hours per
year)
Total Estimated Cost – 1 camera
$4,900 upfront cost
$9,000 annual support cost
Total Estimated Cost – 2 cameras
$5,900 upfront cost
$12,000 annual support cost
plus hourly videography
support