HomeMy WebLinkAbout2011-11-09Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
NOVEMBER 9, 2011
COUNTY OFFICE BUILDING
4:00 P.M. – ROOM 241
1. Call to Order.
2. Consent Agenda:
2.1 For Approval: License Agreement for Historical Sign on County Property.
2.2 For Information: Crozet Library Project Update.
3. Work Session: County’s Five Year Financial Plan.
4. From the Board: Matters Not Listed on the Agenda.
5. Adjourn to November 10, 2011, 4:00 p.m., Room 241.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
License Agreement for Historical Sign on County Property
SUBJECT/PROPOSAL/REQUEST:
Authorize the County Executive to sign a license
agreement to allow the City of Charlottesville to erect a
sign in front of the McIntire Road County Office Building
STAFF CONTACT(S):
Messrs. Foley, Letteri, Davis, Herrick, and Shadman
LEGAL REVIEW: Yes
AGENDA DATE:
November 9, 2011
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The City of Charlottesville has requested County authorization to install a 3’ X 4’ historical sign in front of the County
Office Building at the corner of McIntire Road and Preston Avenue. Specifically, the City’s Dialogue on Race Program
is proposing a sign that recounts the integration of the City Public Schools, including the former Lane High School.
The content and location of the proposed sign are shown in Attachments A and B.
DISCUSSION:
The placement of this sign on County property requires the Board’s approval and the execution of a sign license
agreement between the County and the City. Staff has prepared the attached draft Sign License Agreement
(Agreement). Under the proposed Agreement, the size, design, and placement of the proposed sign would be subject
to the County’s approval and the City would install and maintain the sign at its own expense. Either party could
terminate the Agreement. If terminated, the City would be required to promptly remove the sign and to restore the site
to its prior condition.
As of this writing, certain aspects of the proposed Agreement remain outstanding. Most notably, a plat identifying the
exact dimensions of the sign area and assuring the sign does not conflict with any existing easements has not been
received. In addition, the County has not received the City Attorney’s comments on the proposed Agreement. Any
approval by the Board should be contingent on receipt of an acceptable plat and final terms of the Agreement being in
substance and form approved by the County Attorney.
BUDGET IMPACT:
There is no foreseeable budget impact for granting authorization to the County Executive to sign the Agreement.
RECOMMENDATIONS:
Staff recommends that, if the Board wishes to authorize the placement of the proposed historical sign in front of the
McIntire Road County Office Building, it authorize the County Executive to sign the proposed Sign License Agreement
on behalf of the County, contingent on (a) receipt of an acceptable plat specifically identifying the license area; and (b)
approval of final language as to substance and form of the license agreement by the County Attorney.
ATTACHMENTS
A – Depiction of Venable School Sign and Proposed COB-McIntire Sign
B – Content of Proposed Sign at COB-McIntire
C – Location of Proposed Sign
D – Proposed Sign License Agreement
Return to agenda
Triumph of “The Charlottesville Twelve”
Lane High School
French Jackson, Donald Martin, John Martin
Venable Elementary School
Charles E. Alexander, Raymond Dixon, Regina Dixon, Maurice Henry, Marvin Townsend,
William Townsend, Sandra Wicks, Roland T. Woodfolk, Ronald E. Woodfolk
On September 8, 1959, three African American children bravely entered Lane High School by
order of U.S. District Court Judge John Paul. With the assistance of the National Association
for the Advancement of Colored People, the children’s parents sued the Charlottesville City
School Board for equal access. Their fight began in 1955, following the U.S. Supreme Court
decision of the 1954 case, Brown v Board of Education. Parents took action to fulfill their civil
rights by petitioning the Charlottesville School Board to transfer their children from the
segregated Jefferson Elementary School and Jackson P. Burley High School. The School Board
chose to take no action on the petition request. In 1956, Judge Paul ruled that Charlottesville
must integrate Lane High School and Venable Elementary School. The School Board filed
several appeals contesting the decision to comply with integration. Using the strategy of
“massive resistance”, Governor James Lindsey Almond, Jr. ordered the closure of Lane and
Venable on September 19, 1958 to prevent the integration of the Charlottesville City Schools.
When schools in Charlottesville reopened in February 1959, the School Board provided space
in the Board office for students to take classes while they determined how to proceed with a
plan for integration. On September 5, 1959, Judge Paul ordered the immediate transfer of
twelve students who became known as “The Charlottesville Twelve.”
Attachment D
Draft: October 27, 2011
1
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Parcel ID Number 350134000
This instrument is exempt from taxation under Virginia Code §§ 58.1-811(C)(4) and from
Clerk’s fees under Virginia Code § 17.1-266.
SIGN LICENSE AGREEMENT
This Sign License Agreement ("Agreement") is made by and between the COUNTY OF
ALBEMARLE, VIRGINIA (hereinafter referred to as the "County"), and the CITY OF
CHARLOTTESVILLE, VIRGINIA (hereinafter referred to as the “City”).
The following recitals of fact are a material part of this Agreement:
A. The County is the owner of a certain parcel of land in the City of Charlottesville,
Virginia, legally described as Charlottesville City Parcel ID 350134000 (hereinafter referred to
as the "Parcel").
B. The City is a municipal corporation of the Commonwealth of Virginia.
C. The County wishes to grant and the City wishes to receive certain Licenses, in, upon,
over and across the Parcel for the benefit of the City, its successors and assigns, all as more fully
set forth below.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
public benefit, and other good and valuable consideration, the receipt of which are hereby
acknowledged, the following grants, agreements and covenants are made:
1. Grant of License. the County hereby grants, gives and conve ys to the City, and its
successors and assigns, a revocable License over, across, under and through the “Sign
Area” (hereinafter defined) to erect and maintain a sign in that area, and to permit the use
of the Sign Area by the City for the other purposes stated in this grant of License.
2. Location of Sign Area. The location of the Sign Area shall be as shown on that certain
plat by ____________________, dated _________________________, and titled
“____________________________,” attached hereto and made a part hereof.
3. Use of Sign Area. The City shall have the right to use the Sign Area to erect, maintain,
improve, enlarge or reduce, repair or replace a sign, whose size, design, and placement
are subject to the County’s approval.
4. Repair and Maintenance. The City shall maintain any sign that it places in the Sign
Area in good condition and repair at its sole cost and expense.
5. Landscaping. The City shall have the right (hereinafter referred to as the "Landscaping
Option"), upon written notice to the County, to landscape, including, without limitation,
Attachment D
Draft: October 27, 2011
2
the planting or removal of shrubs, bushes, plants and trees, within the Sign Area. The
landscaping plan of the City shall be subject to the County's approval, which shall not be
unreasonably withheld or delayed. Should the City exercise the Landscaping Option, the
City shall assume all obligations and responsibilities for the maintenance and upkeep of
the landscaping within the Sign Area. Should the City not exercise the "Landscaping
Option," the County shall retain all responsibility for maintenance and upkeep of the
landscaping. The party responsible for the landscaping within the Sign Area shall keep
the landscaping in good condition at all times at its sole cost and expense. The City and
the County acknowledge that the City, with the execution of this Agreement, shall
exercise the Landscaping Option as to the Sign Area and assume all responsibility for the
upkeep of the existing landscaping at the Sign Area. The City may revoke its exercise of
the Landscaping Option at any time and upon such revocation, all obligations and
responsibilities for maintenance and upkeep of the landscaping shall revert to the County.
6. Compliance with Laws. The City shall comply with all applicable ordinances, statutes,
regulations and all other local, state and federal laws applicable to the Sign Area and any
sign it places thereon, including the maintenance and repair thereof.
7. Termination of License. Either the County or the City may terminate this Agreement by
delivering a written notice of termination to the other party at its address listed in Section
10 below. Upon such notice of termination, the City shall promptly remove any sign(s)
from the Sign Area, and shall restore the Sign Area as nearly as possible to its prior
condition. Thereafter all rights, duties and liabilities hereby created shall terminate.
8. Transfer By the County. Whenever a transfer of ownership of the Parcel occurs,
liability hereunder of the transferor for any breach of any covenant occurring thereaft er
shall automatically terminate with respect to such transferor, and the transferee shall
automatically assume the burdens and obligations running hereunder to the owner of the
Parcel which shall accrue from and after the date of such transfer.
9. Construction. The rule of strict construction does not apply to this grant. This grant
shall be given a reasonable construction so that the intention of the parties to confer a
commercially usable right of enjoyment for the benefit of the City is carried out.
10. Notices. All notices and other communications given pursuant to this Agreement shall be
in writing and shall be deemed properly served if delivered in person to the party to
whom it is addressed or on the third (3rd) day after deposit in the U.S. mail, as registered
or certified mail, return receipt requested, postage prepaid, as follows:
1. If to the County:
County of Albemarle
c/o County Attorney
401 McIntire Road, Suite 325
Charlottesville, Virginia 22902
2. If to the City:
City of Charlottesville
605 East Main Street
Charlottesville, VA 22902-5337
Attachment D
Draft: October 27, 2011
3
11. No Assignment By the City. The City may not transfer or otherwise assign any of its
rights or interest granted under this Agreement, and any purported assignment shall be
null and void and shall entitle the County to terminate this Agreement and the License
hereby granted.
12. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall together constitute one and the same
instrument.
IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the _____ day
of _______________, 2011.
Attachment D
Draft: October 27, 2011
4
CITY: CITY OF CHARLOTTESVILLE, VIRGINIA
By:________________________________
R. Craig Brown
City Attorney
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this ____ day of
_____________________, 201___ by R. Craig Brown, on behalf of the City of Charlottesville,
Virginia.
_____________________________
Notary Public
My Commission Expires: ____________________
Registration No. ____________________________
Attachment D
Draft: October 27, 2011
5
This Agreement is executed on behalf of the County of Albemarle by Thomas C. Foley, County
Executive, following a duly-held public hearing, and pursuant to a Resolution of the Albemarle
County Board of Supervisors.
COUNTY: COUNTY OF ALBEMARLE, VIRGINIA
By:________________________________
Thomas C. Foley
County Executive
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE:
The foregoing instrument was acknowledged before me this ____ day of
_____________________, 201___ by Thomas C. Foley, on behalf of the County of Albemarle,
Virginia.
_____________________________
Notary Public
My Commission Expires: ____________________
Registration No. ____________________________
Approved as to form:
___________________________
County Attorney
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Crozet Library Update – 5 Year Financial Plan
SUBJECT/PROPOSAL/REQUEST:
Crozet library project update for purposes of
discussion during the 5 Year Financial Plan
STAFF CONTACT(S):
Messrs. Foley, Letteri, Davis, Henry, and Lilley
LEGAL REVIEW: Yes
AGENDA DATE:
November 9, 2011
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION: X
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In December of 2004, the Board adopted the Crozet Master Plan, which identified the need for a new Crozet Library to
provide enhanced library services to the community and to serve as a catalyst for redevelopment in downtown Crozet.
In November of 2006, the Board authorized the design and construction of the library.
In May of 2008, the Board approved the formation of the Crozet Library Steering Committee to, along with the design
team of Grimm and Parker, facilitate the engagement of stakeholders and the public, to evaluate and balance the
various needs and objectives, and to oversee the schematic design phase of the project. The Committee
recommended a preferred design, which was reviewed and approved by the Board on June 3, 2009. In December of
2010, the Board further directed staff to complete the Detailed Design phase of the project for purposes of establishing
accurate cost estimates and bringing the project to a “bid ready” state.
In June of 2011, an update on the status of the Crozet Library and parking lot projects was provided to the Board,
noting that parking lot construction would occur during the summer of 2011, and that building plans would be
completed to the point necessary to determine a detailed cost estimate.
Since the Board approved the schematic plans for the Crozet Library project in June, 2009, the following project
highlights have occurred:
Nov 2009 – building design stopped due to capital project funding shortages
Dec 2009 – parking lot portion authorized to proceed
May 2010 – site plan review required on-site SWM (for parking phase)
Nov 2010 – ARB reviewed parking lot plan
Dec 2010 – Board directed completion of building design
Apr 2011 – ARB approved parking phase and building phase
May 2011 – parking lot bid documents issued
May 2011 – building design details with user group completed
May 2011 – updated cost estimate completed
June 2011 – updated cost information provided to Board of Supervisors
Aug 2011 – plans and cost estimate update received from architectural engineer (AE)
Sep 2011 – independent local cost estimate and value engineering requested
Oct 2011 – updated cost estimate based on independent review and AE feedback completed
DISCUSSION:
The purpose of this agenda item is to provide a brief update on the status of the Crozet Library and parking lot projects
for background information in preparation of the 5 Year Financial Plan review.
The parking lot construction is nearly completed, and is expected to be substantially completed and in use in
November of this year.
The building plans, ready for bidding, are expected to be completed by late fall and a summary cost estimate
associated with the plans is attached (Attachment A). Current estimates assuming a bid in early 2012 and utilizing
current construction industry economic conditions predict a savings of approximately 8.7% compared to the May 2011
AGENDA TITLE: Crozet Library Update – 5 Year Financial Plan
November 9, 2011
Page 2
estimate. The estimated construction cost is now approximately $6.25M, bringing the total project cost to
approximately $9.83M. The Board previously appropriated $2.0M for the land acquisition and design and construction
of the parking lot, leaving a funding need of $7.83M to complete the project. Friends of the Crozet Library have
pledged to reimburse the County $1.6M of that $7.83M, leaving an additional net funding need of $6.23M to complete
the project.
BUDGET IMPACT:
Approximately $1.5M has been spent to date on acquisition of property and design services, and on parking lot
construction. Approximately $0.25M is encumbered for completion of design services, and approximately $0.25M
is unencumbered and available for this project.
Unless alternative funding is identified, a $7.83M funding is needed for completion of this project, with an expectation
that $1.6M of that amount will be funded or reimbursed by Friends of the Crozet Library. Staff will present additional
considerations and options in the context of our discussion of the 5-year plan, including impacts to the operations
budget.
RECOMMENDATIONS:
This summary is provided for information only and no action is required.
ATTACHMENTS
Cost Estimates Update
Return to agenda
CROZET LIBRARY
Construction Info:Bid Year 2010 Cost/S.F.Bid Year 2011 Cost/S.F.Bid Year 2011 Cost/S.F.
Square Footage: (18,300 sf UL; 4,743 sf LL)
Building Divisions Description
Total Construction Estimate:$7,192,115 $312.12 $6,894,380 $299.20 $5,998,500 $260.32
Other Project Costs
Property Acquisition/Demol.$636,500 $636,500 $636,500
Planning/Design $1,021,000 $1,021,000 $1,021,000
Parking Lot $300,000 $260,000
Sub-Total $8,849,615 $8,851,880 $7,916,000
Construction Contingency (5%)$359,606 $359,719 $312,925
Total Project Cost $9,209,221 $9,211,599 $8,228,925
Appropriated to Date $1,989,600 $1,989,600 $1,989,600
Needed to Complete
Local Funds $7,219,621 $7,221,999 $6,239,325
Friends of Library Funds
Furn, Fixtures, Equip (incl books)$1,600,000 $1,600,000 $1,600,000
Schematic Des. Estimate (5/09)
23,043
Design Development Estimate (5/11)
23,043
Constr. Docs. Estimate (8/11) *
23,043
* Adjusted based on
local cost review
cost estimates update 10/21/2011
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Five-Year Financial Plan
SUBJECT/PROPOSAL/REQUEST:
Work session on the County’s Five-Year Financial Plan
STAFF CONTACT(S):
Messrs Foley, and Davis, and Ms. L. Allshouse
LEGAL REVIEW: Yes
AGENDA DATE:
November 9, 2011
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
Since 2008, the County has annually approved a balanced Five-Year Financial Plan for the County. This process is not
designed to be an approval of the next fiscal year’s operating budget, but helps create a framework within which the
next fiscal year’s budget development will take place. The first work session is scheduled for November 9, 2011. A
Board/School Board joint work session is scheduled for November 10, 2011 for the School Board to present the
School Division’s information related to the Five-Year Financial Plan. Additional Five-Year Financial Plan Board work
sessions are scheduled for December 7 and December 14, 2011. The purpose of these work sessions is for the Board
to provide direction on future priorities for funding given the financial projections over the next five years.
DISCUSSION:
At the November 9th work session, staff will present the latest information on revenues and expenditures and will
present an initial balanced Financial Plan for the Board’s review and discussion. The information will include specific
assumptions used by staff to balance the Five-Year Financial Plan.
BUDGET IMPACT:
The five-year financial planning process informs thinking on future fiscal year planning and the priorities of the Board
and provides a framework for the annual budget process.
RECOMMENDATIONS:
Staff recommends that the Board provide direction to staff regarding what potential changes, if any, it desires to see in
the Five-Year Financial Plan at this time. Adoption of a final Plan will be requested at a future work session.
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