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HomeMy WebLinkAbout2015-1-07Tentative BOARD OF SUPERVISORS T E N T A T I V E JANUARY 7, 2015 COUNTY OFFICE BUILDING 1:00 P.M. – AUDITORIUM 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. Annual Organization 4. Election of Chairman. 5. Election of Vice-Chairman. 6. Appointment of Clerk and Senior Deputy Clerk. 7. Board 2015 Calendar: a. Set Meeting Times, Dates and Places for Calendar Year 2015. b. Set Dates for Hearing Zoning Text Amendments Requested by Citizens. 8. Adoption of Rules of Procedures/Policies. 9. Adoption of Final Agenda. 10. Brief Announcements by Board Members. 11. Recognitions: a. Scott Keim – Executive Fire Officer. 12. From the Public: Matters Not Listed for Public Hearing on the Agenda. 13. Consent Agenda. 2:00 p.m. - Work Sessions: 14. Water Resources Program – Level of Service. (Doug Walker, Deputy County Executive) 3:00 p.m. - Presentation: 15. Board-to-Board, School Board Chairman. (Ned Gallaway) 16. Innovation Fund Round 2. (Lee Catlin, Assistant County Executive) 17. Route 29 Solutions Update. (Mark Graham, Director of Community Development) 3:45 p.m. - Action Items: 18. Office of the Commonwealth’s Attorney’s Funding Request. (Denise Lunsford, Commonwealth’s Attorney) 19. Courts Project Update. (Bill Letteri, Deputy County Executive) 20. 4:45 p.m. - Closed Meeting (2nd Floor conference room). 21. Certify Closed Meeting. 22. Boards and Commissions: a. Board Member Committee Appointments. b. Boards and Commissions Vacancies and Appointments. file:////coba-webapp01/BOSForms/Agenda/2015Files/0107/0.0_Agenda.htm (1 of 3) [10/8/2020 7:25:47 AM] Tentative 23. From the Public: Matters Not Listed for Public Hearing on the Agenda. 6:00 p.m. - PUBLIC HEARINGS: 24. To solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for potential projects in the locality. (Ron White, Chief of Housing) 25. FY 15 Budget Amendment. (Lori Allshouse, Director, Office of Management and Budget) 26. To receive comments on its intent to adopt an ordinance to amend County Code Chapter 12, Regulated Enterprises, Article I, False Alarms, by amending Section 12-101, Definitions, to amend the definition of “false alarm” by deleting “activity unauthorized by the alarm system user or activity outside the control of the alarm system user” from the list of alarms that do not constitute a false alarm and by adding “weather-related events,” as defined in the proposed ordinance, to the list of alarms that do not constitute a false alarm; by amending Section 12-102 to require that written notices issued to unregistered alarm system users be mailed to the physical address of the alarm user and to reduce the service fee for third and subsequent responses to unregistered alarm systems from $300.00 to $150.00; by amending Section 12-104 to increase the amount of time an individual has to pay a false alarm service fee from thirty to ninety days and to eliminate the assessment of a delinquent payment fee; and by amending Section 12-108 to eliminate the requirement that Police Department forms be used for appeals of false alarm notices and to increase the amount of time alarm system users have to submit appeals from ten to thirty days. (Greg Jenkins, Captain, Police Department) 27. From the Board: Committee Reports and Matters Not Listed on the Agenda. 28. From the County Executive: Report on Matters Not Listed on the Agenda. 29. Adjourn to January 13, 2015, 5:00 p.m., Auditorium. CONSENT AGENDA FOR APPROVAL (action require): 13.1 Approval of Minutes: February 26, March 5, April 15, July 8 and October 30, 2014. 13.2 ACE Easement Purchases. FOR INFORMATION (no action required): 13.3 2014 Third Quarter Certificate of Occupancy Report, as prepared by the Community Development Department. 13.4 2014 Third Quarter Building Report, as prepared by the Community Development Department. 13.5 Copy of letter dated December 8, 2014, from Ronald L. Higgins, Chief of Zoning/Deputy file:////coba-webapp01/BOSForms/Agenda/2015Files/0107/0.0_Agenda.htm (2 of 3) [10/8/2020 7:25:47 AM] Tentative Zoning Administrator, to Virginia Land Trust, c/o Greg Baldwin, re: AMENDMENT TO OFFICIAL DETERMINATION OF PARCEL OF RECORD – Tax Map 79, parcel 23C (noncontiguous portion) (Property of Virginia Land Trust) – Scottsville Magisterial District. 13.6 Copy of letter dated December 10, 2014, from Ronald L. Higgins, Chief of Zoning/Deputy Zoning Administrator, to Anvince Land Trust, c/o Sue A. Albrecht, Trustee, re: LOD201400015 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS – Tax Map 61, Parcel 1B1 (property of VDoT) – Jack Jouett Magisterial District. 13.7 Copy of letter dated December 11, 2014, from Sarah D. Baldwin, Senior Planner, to Cheryl Rudduck, re: LOD201400017 - OFFICIAL DETERMINATION OF PARCEL OF RECORD – Tax Map 119, Parcel 22 – Samuel Miller Magisterial District. 13.8 Virginia Department of Transportation, Culpeper District, Albemarle County Monthly Report, January 2015. CLICK HERE TO SIGN UP TO SPEAK AT PUBLIC HEARINGS ONLY Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2015Files/0107/0.0_Agenda.htm (3 of 3) [10/8/2020 7:25:47 AM] COUNTY OF ALBEMARLE MEMORANDUM TO: Members of the Board of Supervisors FROM: Ella W. Jordan, CMC, Clerk DATE: December 22, 2014 RE: Agenda for Annual (Organizational) Meeting of January 7, 2015 Agenda Item No. 6. The Code of Virginia, in Section 15.2-1538, states that "The governing body of every locality in this Commonwealth shall appoint a qualified person, who shall not be a member of the governing body, to record the official actions of such governing body.” Ella W. Jordan expresses a desire to be reappointed as Clerk, and Travis O. Morris desires to be reappointed as Senior Deputy Clerk . These positions are reappointed annually. __________ Agenda Item No. 7. Board 2015 Calendar: a. Section 15.2-1416 of the Code states that "The days, times and places of regular meetings to be held during the ensuing months shall be established at the first meeting which meeting may be referred to as the annual or organizational meeting; however, if the governing body subsequently prescribes any ... day or time other than that initially established, as a meeting day, place or time, the governing body shall pass a resolution as to such future meeting day, place or time. The governing body shall cause a copy of such resolution to be posted on the door of the courthouse or the initial public meeting place and inserted in a newspaper having general circulation in the county or municipality at least seven days prior to the first such meeting at such other day, place or time...." Should the Board wish to continue with the schedule adopted last year for its regular meetings, the Board needs to adopt a motion to set the meeting times, dates and places for Calendar Year 2015 as follows: first Wednesday of the month - 1:00 p.m., and the second Wednesday of the month - 6:00 p.m., with said meetings to be held in the County Office Building on McIntire Road. It is also recommended that the meeting dates for January 2016 be January 6 – 1:00 p.m., and January 13 – 6:00 p.m. Should the Board wish to cancel a meeting during the summer to accommodate summer schedules and vacations, it is suggested that you cancel August 12, 2015. ____ b. Section 33.10.2 of the Zoning Ordinance states that the Board of Supervisors shall consider zoning text amendment petitions by property owners at specified intervals of three months. The dates requested for these hearings for 2015 are September 9 and December 9, 2015 and March 19, and June 8, 2016. A motion is required to set these dates which are then advertised in the newspaper. __________ Agenda Item No. 8. Adoption of Rules of Procedures/Policies: a. A copy of the Board’s proposed amended Rules of Procedure are included with this agenda item for your review. Return to agenda ALBEMARLE COUNTY BOARD OF SUPERVISORS RULES OF PROCEDURE Adopted January ___, 2015 Albemarle County Board of Supervisors Rules of Procedures Table of Contents Page A. Board Members 1 B. Officers 1 C. Clerk and Deputy Clerks 1 D. Meetings 1. Annual Meeting 2. Regular Meetings 3. Special Meetings 1 1 2 2 E. Order of Business 1. Agenda 2. Adoption of Final Agenda 3. Brief Announcements by Board Members 4. Proclamations and Recognitions 5. From the Public: Matters Not Listed for Public Hearing on the Agenda 6. Consent Agenda 7. General Business 8. From the Board: Committee Reports and Matters Not Listed on the Agenda 9. Report from the County Executive: Report on Matters Not Listed on the Agenda 10. Zoning Public Hearings 2 2 3 3 3 3 3 4 4 4 4 F. Travel Reimbursement 5 G. Quorum 6 H. Remote Electronic Participation 6 I. Meeting Decorum 6 J. Voting Procedures 1. Approval by Motion 2. Special Voting Requirements 3. Public Hearings 4. Motion to Amend 5. Previous Question 6. Motion to Reconsider 7. Motion to Rescind 6 6 7 7 7 7 7 7 K. Board Members Appointed to Boards, Committees and Commissions 1. Voting Representatives 2. Liaison Representatives 7 7 8 L. Boards and Commissions 1. Review and Creation of Boards and Commissions 2. Appointments to Boards and Commissions 8 8 8 M. Amendment of Rules of Procedure 9 N. Suspension of Rules of Procedure 9 O. Rules of Procedure 9 Draft: December 29, 2014 Red text incorporates existing policy 1 RULES OF PROCEDURE ALBEMARLE BOARD OF COUNTY SUPERVISORS These rules of procedure are designed and adopted for the benefit and convenience of the Albemarle County Board of Supervisors. Their purpose is to help the Board conduct its affairs in a timely and efficient manner. They incorporate the general principles of parliamentary procedure found in Robert’s Rules of Order’s Procedure in Small Boards and applicable Virginia laws. The rules of procedure do not create substantive rights for third parties or participants in proceedings before the Board. Further, the Board reserves the right to suspend or amend the rules of procedure whenever a majority of the Board decides to do so or to suspend the rules by a majority plus one vote, as set forth herein . The failure of the Board to strictly comply with the rules of procedure shall not invalidate any action of the Board. A. Board Members Unless otherwise specifically provided herein, all Board members have equal rights, responsibilities, and authority. Board members will act in a collegial manner and will cooperate and assist in preserving the decorum and order of the meetings. Changes to rules, policies, or procedures can only be m ade at a public meeting of the Board. A.B. Officers 1. Chairman. The Board at its annual meeting shall elect a Chair man who, if present, shall preside at such meeting and at all other meetings during the year for which elected. In addition to being presiding officer, the Chairman shall be the head official for all the Board’s official functions and for ceremonial purposes. The Chair man shall have a vote but no veto. (Virginia Code §§ 15.2-1422 and 15.2-1423) 2. Vice-Chairman. The Board at its annual meeting shall also elect a Vice-Chairman, who, if present, shall preside at meetings in the absence of the Chair man and shall discharge the duties of the Chairman during the Chairman’s absence or disability. (Virginia Code § 15.2-1422) 3. Term of Office. The Chairman and Vice-Chairman shall be elected for one-year terms; but either or both may be re-elected for one or more additional terms. (Virginia Code § 15.2-1422) 4. Absence of Chairman and Vice-Chairman. If the Chairman and Vice Chairman are absent from any meeting, a present member shall be chosen to act as Chair man. B.C. Clerk and Deputy Clerks The Board at its annual meeting shall designate a Clerk and one or more Deputy Clerks who shall serve at the pleasure of the Board. The duties of the Clerk shall be those set forth in Virginia Code § 15.2-1539 and such additional duties set forth in resolutions of the Board as adopted from time to time. (Virginia Code § 15.2-1416) C.D. Meetings 1. Annual Meeting. The first meeting in January held after the newly elected members of the Board shall have qualified, and the first meeting held in January of each succeeding year, shall be known as the annual meeting. At such annual meeting, the Board shall establish the days, times, and places for regular meetings of the Board for that year. (Virginia Code § 15.2-1416) 2. Regular Meetings. The Board shall meet in regular session on such day or days as has been established at the annual meeting. The Board may subsequently establish different days, times, or places for such regular meetings by passing a resolution to that effect in accord with Virginia Code § 15.2-1416. If any day established as a regular meeting day falls on a legal holiday, the meeting scheduled for that day shall be held on the next regular business day without action of any kind by the Board. (Virginia Code § 15.2-1416) Draft: December 29, 2014 Red text incorporates existing policy 2 If the Chairman (or Vice Chairman, if the Chairman is unable to act) finds and declares that weather or other conditions are such that it is hazardous for Board members t o attend a regular meeting, such meeting shall be continued to the next regular meeting date. Such finding shall be communicated to the members of the Board and to the press as promptly as possible. All hearings and other matters previously advertised sh all be conducted at the continued meeting and no further advertisement shall be required. (Virginia Code § 15.2-1416) Regular meetings, without further public notice, may be adjourned from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business of the Board is complete. (Virginia Code § 15.2-1416) 3. Special Meetings. The Board may hold special meetings as it deems necessary at such times and places as it deems convenient. A special meeting may be adjourned from time to time as the Board finds necessary and convenient. (Virginia Code § 15.2-1417) A special meeting shall be held when called by the Chair man or requested by two or more members of the Board. The call or request shall be made to the Clerk of the Board and shall specify the matters to be considered at the meeting. Upon receipt of such call or request, the Clerk, after consultation with the Chair man, shall immediately notify each member of the Board, the County Executive, and the County Attorney. The notice shall be in writing and delivered to the person or to his place of residence or business, or if requested by a member of the Board, by electronic mail or facsimile. The notice shall state the time and place of the meeting and shall specify the matters to be considered. No matter not specified in the notice shall be considered at such meeting unless all members are present. The notice may be waived if all members are present at the special meeting or if all members sign a waiver for the notice. (Virginia Code § 15.2-1418) The Clerk shall notify the general news media of the time and place of such special meeting and the matters to be considered. D.E. Order of Business 1. Agenda. The Clerk of the Board shall establish the agenda for all meetings in consultation with the County Executive and the Chairman. The first two items on the agenda for each regular meeting of the Board shall be the Pledge of Allegiance and a moment for silent meditation. a. At regular meetings of the Board, the order of business shall generally be as follows: 1. Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Adoption of Final Agenda. 5. Brief Announcements by Board Members. 6. Proclamations and Recognitions. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. 8. Consent Agenda. 9. General Business. 10. From the Board: Committee Reports and Matters Not Listed on the Agenda. 11. From the County Executive: Report on Matters Not Listed on the Agenda. 11.12. Adjourn. A Closed Meeting shall be held whenever necessary. Generally, a Closed Meeting will be scheduled either at the midpoint of the agenda at day Board meetings and or at the end of the agenda prior to adjournment at evening Board meetings. b. The above order of business may be modified by the Clerk of the Board to facilitate the business of the Board. Draft: December 29, 2014 Red text incorporates existing policy 3 2. Adoption of Final Agenda. The draft agenda will be provided to the Board six days prior to the regular meeting date. The first order of business for a regular meeting of the Board shall be to adopt a final agenda for that meeting. The Board may modify the order of business as part of the adoption of the final agenda. In addition, any Board member may propose to add additional items to the agend a presented by the Clerk for action if notice of that item has been given in writing or by email to all Board members, the Clerk, and the County Executive by 5:00 p.m. two days before the date of the meeting or upon the unanimous consent of all Board members present. Any such item shall be added to the end of the agenda for discussion or action unless a majority of the members of the Board agree to consider the item earlier on the agenda. The final agenda shall be adopted by a majority vote of the members of the Board. No matter for action not included on the final agenda shall be considered at that meeting. Resolutions may be proposed by a Board member requesting the Board to take a position on an issue of importance to the Board. A Board member reques ting the Board to adopt a resolution should give notice of the intent to request action on such resolution on a specified meeting date and submit a draft of the proposed resolution. The Clerk will distribute the draft resolution with background information, if available, to all Board members. Board members may submit proposed changes to the proposed resolution to the Clerk in a redline format. The Clerk shall forward all comments received from Board members to the Board. The Board member requesting the resolution will then coordinate with the Clerk to prepare a resolution for consideration by the Board. The Clerk shall poll the Board members to determine if a majority of the Board members support adding the resolution to the agenda for consideration. If a majority of the Board members indicate support for considering the resolution, the resolution will be added to the proposed final agenda. If all Board members indicate support for the resolution, the resolution may be placed on the proposed consent agenda unless any member requests otherwise. 3. Brief Announcements by Board Members. “Brief Announcements by Board Members” are announcements of special events or other items of interest that are not considered committee reports and are not otherwise on the meeting agenda. 4. Proclamations and Recognitions. Proclamations are ceremonial documents or recognitions adopted by the Board to draw public awareness to a day, week, or month to recognize events, arts and cultural celebration s, or special occasions. Recognitions are ceremonial acknowledgements by the Board of a person for service or achievement. A request to place a proclamation or recognition on the agenda must be made at least four weeks in advance of the meeting date. The request to advance a proclam ation or recognition shall be submitted to the Clerk. If the request is made to a Board member, the person making the request will be directed to make the request to the Clerk. The Clerk will advise the person making the request of the process and submit tal requirements. Upon the submittal of the request, the Clerk will review the submittal for completeness and forward it to Board members for review. The Clerk will poll Board members to determine if a majority of the Board supports adding the proclamation or recognition to the agenda. The Clerk will advise the person requesting the proclamation or recognition whether the proclamation or recognition will be considered by the Board. 5. Public Comment From the Public: Matters Not Listed for Public Hearing on the Agenda. The procedures for receiving comment from the public for matters not on the agenda shall be at the discretion of the Board. Unless otherwise decided, due to the number of speakers or for other reasons, individuals will be allowed a three-minute time limit in which to speak during the time set aside on the agenda for “From the Public: Matters Not Listed for Public Hearing on the Agenda”. 3.6. Consent Agenda. The “Consent Agenda” shall be used for matters that do not require discussion or comment and are anticipated to have the unanimous approval of the Board. There shall be no discussion or comment on consent agenda matters. Board members should ask the County Executive or the staff member identified in the executive summary any questions regarding a consent agenda item prior to the Board meeting. Any Board member may remove an item from the consent agenda. Any item removed from the Draft: December 29, 2014 Red text incorporates existing policy 4 consent agenda shall be moved to a specific time or to the end of the meeting agenda for further discussion or action. A matter requiring only brief comment or discussion may be considered immediately after the approval of the consent agenda. A motion to approve the consent agenda shall approve consent agenda items identified for action and accept consent agenda items identified for information. 7. General Business. General Business shall include public hearings, work sessions, appointments and other actions, discussions, and presentations. 4.8. From the Board: Committee Reports and Matters Not Listed on the Agenda. “From the Board: Committee Reports and Matters Not Listed on the Agenda” shall be the last order of business for a regular meeting of the Board unless a majority of the members of the Board agree to consider the item earlier on the agenda. It shall be limited to matters that are not substantial enough to be considered as additional agenda items to be added to the final agenda. Such matters are not matters to be acted upon by the Board at that meeting. Routine committee reports and information updates by Board members shall be presented under this agenda item. 9. Report from the County Executive. The County Executive will report on matters that the County Executive deems should be brought to the Board’s attention and provide updates, if necessary, to the monthly County Executive’s Report. 6.10. Zoning Public Hearings. Zoning applications advertised for public hearing shall be on the agenda for public hearing on the advertised date unless the applicant submits a signed written deferral request to the Clerk of the Board no later than noon on Wednesday of the week prior to the scheduled public hearing. The first request for a deferral will be granted administratively by the Clerk. The Board will be notified of the deferral in the next Board package and the deferral will be announced at the earliest possible Board meeting to alert the public of the deferral. Any request received later than the Wednesday deadline and any subsequent request for a deferral for the same application previously deferred will be granted only at the discretion of the Board by a majority vote. The deferral shall not be granted unless the Board determines that the reason for the deferral justifies the likely inconvenience to the public caused by the deferral. The staff will m ake every effort to alert the public when a deferral is granted. It is the Board’s preference that a public hearing for a zoning matter should not be advertised until all of the final materials for a zoning application have been received by the County and are available for public review. To achieve this preference, applicants should provide final plans, final codes of development, final proffers, and any other documents deemed necessary by the Director of Community Development, to the County no later than two business days prior to the County’s deadline for submitting the public hearing advertisement to the newspaper. Staff will advise applicants of this date by including it in annual schedules for applications and by providing each applicant a minimum of two weeks advance notice of the deadline. If the applicant does not submit the required materials by this date, the public hearing shall not be advertised unless the applicant demonstrates to the satisfaction of the Director of Community Development that good cause exists for the public hearing to be advertised. If not advertised, a new public hearing date will be scheduled. If the public hearing is held without final materials being available for review throughout the advertisement period due to a late submittal of documents, or because substantial revisions or amendments are made to the submitted materials after the public hearing has been advertised, it will be the policy of the Board to either defer action and schedule a second public hearing that provides this opportunity to the public or to deny the application, unless the Board finds that the deferral would not be in the public interest or not forward the purposes of this policy. Final signed proffers shall be submitted to the County no later than nine calendar days prior to the date of the advertised public hearing. This policy is not intended to prevent changes from being made to proffers resulting from comments received from the public or from Board members at the public hearing. Draft: December 29, 2014 Red text incorporates existing policy 5 F. Travel Reimbursement The purpose of this policy is to establish Board members will be reimbursed travel expenses pursuant to uniform standards and procedures that will allow Board members to travel for official County business purposes consistent with the prudent use of County funds as follows: 1. Board members may be reimbursed for the following routine travel expenses at the County’s authorized car mileage reimbursement rate, provided there are available funds: a. Mileage for travel by personal vehicle or other travel costs to scheduled Board meetings and Board committee meetings for committees to which a Board member is appointed, from home or work, if a work day, which is not part of routine personal travel; b. Mileage for travel by personal vehicle or other travel costs to events reasonably necessary to prepare for matters scheduled for consideration on the Board’s agenda which is not part of routine personal travel (i.e., site visits, informational meetings); and c. Parades and other community gatherings not advertised as Supervisor’s town hall meetings to discuss County business. Travel to use the COB office between other personal travel or meetings, shall not be covered. 2. Board members may be reimbursed for the following educational conference travel expenses, provided there are available funds: a. All necessary, actual and reasonable meal, travel and lodging costs (including gratuity and excluding alcohol) of attending regional, statewide or national meetings at which the Board member represents the County, as approved by the Board; and b. All necessary, actual and reasonable meal, and travel (including gratuity and excluding alcohol) of attending legislative or congressional hearings relating to official County business. 3. Board members will not be reimbursed for the following travel expenses: a. Travel to events which are political in nature (i.e., campaigning or partisan events); b. Personal expenses incurred during travel; or c. Other travel which is not part of the statutory governmental dut ies of the Board of Supervisors that are not provided for in Sections A or B 1 or 2. 4. This policy will be applied and overseen in the following manner: a. Reimbursement requests shall be made in writing on forms provided by the Clerk of the Board and shall itemize the date, number of miles of travel expenses and purpose of the meeting. Mileage for use of a personal vehicle shall be reimbursed at the County’s authorized car mileage reimbursement rate. Other reimbursements shall be for the amount of costs expended and shall be documented by receipts for actual amounts paid. b. The Clerk, or his/her designee, will review all travel reimbursement requests and the Director of Finance will approve all travel reimbursement requests prior to reimbursement. No payment will be made for incomplete submissions or information. c. When all allocated funds for Board reimbursements have been expended, there will be no further reimbursement for that fiscal year unless the Board appropriates additional funding. d. This policy shall be distributed to each member of the Board upon taking office or upon any changes to the policy. E.G. Quorum A majority of the members of the Board shall constitute a quorum for any meeting of the Board. If during a meeting less than a majority of the Board remains present, no action can be taken Draft: December 29, 2014 Red text incorporates existing policy 6 except to adjourn the meeting. If prior to adjournment the quorum is again established, the meeting shall continue. (Virginia Code § 15.2-1415) A majority of the members of the Board present at the time and place established for any regular or special meeting shall constitute a quorum for the purpose of adjourning such meeting from day to day or from time to time, but not beyond the time fixed for the next regular meeting. H. Remote Electronic Participation The Board will permit a Board member to participate in a Board meeting electronically from a remote location, provided that: 1. On or before the day of the meeting, the member shall notify the Chair that the member is unable to attend the meeting due to an emergency or a personal matter or that the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member’s physical attendance . The member must identify with specificity the nature of the emergency or personal matter. 2. A quorum of the Board must be physically assembled at the primary or central meeting location. The Board members present must approve the participation; however, the decision shall be based solely on the criteri a in Section F, without regard to the identity of the member or matters that will be considered or voted on during the meeting. The Clerk shall record in the Board’s minutes the specific nature of the emergency, personal matter or disability and the remote location from which the absent member participated. If the absent member’s remote participation is disapproved because such participation would violate this policy, such disapproval shall be recorded in the Board’s minutes. 3. Electronic participation by the absent member due to an emergency or a personal matter shall be limited in each calendar year to two (2) meetings. 4. The Clerk shall make arrangements for the voice of the absent member to be heard by all persons in attendance at the meeting location. If, for any reason, the voice of the absent member cannot reasonably be heard, the meeting may continue without the participation of the absent member. (Virginia Code § 2.2-3708.1) I. Meeting Decorum 1. Meetings shall be conducted so as to provide a civil de corum. To preserve the order and decorum of the meeting, persons will use civil language and will not be permitted to clap or make sounds in support of or in opposition to any matter during the meeting (except for applause during the recognitions portion of the meeting) or act in any way to disturb or disrupt the presentation of any matter on the agenda or the conduct of any discussion, public hearing, or public comment time. Signs shall be permitted in the meeting room so long as they are not attached to any stick or pole and do not obstruct the view of persons attending the meeting. Cell phones and other electronic devices shall be muted so as not to disrupt or interrupt the meeting. 2. The Chair may ask any person whose behavior is so disruptive as to prevent the orderly conduct of the meeting to cease such conduct. If the conduct continues, the Chair may order the removal of that person from the meeting. F. J. Voting Procedures 1. Approval by Motion. Unless otherwise provided, decisions of the Board shall be made by approval of a majority of the members present and voting on a motion properly made by a member and seconded by another member. Any motion that is not seconded shall not be further considered. The vote on the motion shall be by a voice v ote. The Clerk shall record the name of each member voting and how he voted on the motion. If any member abstains from voting on any motion, he shall state his abstention. The abstention will be announced by the Chairman and recorded by the Clerk. A tie vote shall defeat the Draft: December 29, 2014 Red text incorporates existing policy 7 motion voted upon. A tie vote on a motion to approve shall be deemed a denial of the matter being proposed for approval. (Article VII, § 7, Virginia Constitution) 2. Special Voting Requirements. A recorded affirmative vote of a majority of all elected members of the Board shall be required to approve an ordinance or resolution (1) appropriating money exceeding the sum of $500; (2) imposing taxes; or (3) authorizing the borrowing of money. (Virginia Code § 15.2-1428) 3. Public Hearings. The Board shall not decide any matter before the Board requiring a public hearing until the public hearing has been held. The Board may, however, at its discretion, defer or continue the holding of a public hearing or consideration of such matter. The procedures for receiving comment from the applicant and the public for public hearings shall be at the discretion of the Board. Unless otherwise decided, the applicant shall be permitted no more than ten minutes to present its application. Fol lowing the applicant’s presentation, any member of the public shall be permitted no more than three minutes to present public comment. Speakers are limited to one appearance at any public hearing. Following the public comments, the applicant shall be permitted no more than five minutes for a rebuttal presentation. 4. Motion to Amend. A motion to amend a motion before the Board, properly seconded, shall be discussed and voted by the Board before any vote is taken on the original motion unless the motion to amend is accepted by both the members making and seconding the original motion. If the motion to amend is approved, the amended motion is then before the Board for its consideration. If the motion to amend is not approved, the original motion is again before the Board for its consideration. 5. Previous Question. Discussion of any motion may be terminated by any member moving the “previous question”. Upon a proper second, the Chairman shall call for a vote on the motion of the previous question. If approved by a majority of those voting, the Chairman shall immediately call for a vote on the original motion under consideration. A motion of the previous question shall not be subject to debate and shall take precedence over any other matter. 6. Motion to Reconsider. Any decision made by the Board may be reconsidered if a motion to reconsider is made at the same meeting or an adjourned meeting held on the same day at which the matter was decided. The motion to reconsider may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to reconsider, if approved, shall be to place the matter for discussion in the exact position it occupied before it was voted upon. 7. Motion to Rescind. Any decision made by the Board, except for zoning map amendments, special use permit decisions, and ordinances, (these exceptions shall only be subject to reconsideration as provided above) may be rescinded by a majority vote of all elected members of the Board. The motion to rescind may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to rescind, if approved, is to nullify the previous decision of the Board. Zoning map amendments, special use permit decisions and ordinances may be rescinded or repealed only upon meeting all the legal requirements necessary for taking action on such matters as if it were a new matter before the Board for consideration. K. Board Members Appointed to Boards, Committees and Commissions The Board appoints its members to a variety of boards, committees and commissions to represent the interests of the Board on those entities. It is important that the Board have confidence that its policies and positions are being reflected in that representation. 1. Voting Representatives. The Board members who are appointed to boards, committees and commissions are required to vote on matters that come before those entities in a manner Draft: December 29, 2014 Red text incorporates existing policy 8 which is consistent with the policies and positions of the Board as reflected in previously adopted resolutions or official actions of the Board on such matters. 2. Liaison Representatives. The Board members who are appointed to boards, committees and commissions as liaisons are to act as a resource for the board, committee and/or commission and are to report to the Board on the activities of the board committee and/or commission. L. Boards and Commissions 1. Review and creation of boards and commissions shall be as follows: a. By October 1 of each year, all boards and commissions shall submit a report to the Board to include key activities that support their mission and a summary of their activities and attendance. a.b. On an annual basis the list of active boards and commissions will be evaluated and purged of all bodies not required by Federal, State, County or other regulations, which have not met at least once during the prior twelve -month period. b.c. Whenever possible and appropriate, the functions and activities of boards and commissions will be combined, rather than encouraging the creation of new bodies. c.d. Any newly created task force or ad hoc committee which is intended to serve for a limited time period may be comprised of magisterial or at -large members at the discretion of the Board. The appointment process shall follow that adopted in Section B for other magisterial and/or at-large positions. 2. Appointments to boards and commissions shall be as follows: a. All appointments to boards and commissions based upon magister ial district boundaries will be made by the Board. The Board will consider and/or interview candidates recommended by the supervisor of that district. b. Prior to each day Board meeting, the Clerk will provide the Board a list of expired terms and vacancies that will occur within the next sixty days. The Board will then advise the Clerk which vacancies to advertise. c. In an effort to reach as many citizens as possible, notice of boards and commissions with appointment positions available may be publish ed through available venues, such as, but not limited to, the County’s website, A -mail, public service announcements and local newspapers. Interested citizens will be provided a brief description of the duties and functions of each board, length of term of the appointment, frequency of meetings, and qualifications necessary to fill the position. An explanation of the appointment process for both magisterial and at-large appointments will also be sent to all applicants. d. All interested applicants will have a minimum of thirty days from the date of the first notice to complete and return to the Clerk a detailed application, with the understanding that such application may be released to the public, if requested. No applications will be accepted if they are postmarked after the advertised deadline, however, the Board, at its discretion, may extend the deadline. e. Once the deadline for accepting applications is reached, the Clerk will distribute all applications received to the members of the Board prior to the day meeting for their review. For magisterial appointments, the Clerk will forward applications as they are received to the supervisor of that district who will then recommend his/her appointment. Draft: December 29, 2014 Red text incorporates existing policy 9 f. From the pool of qualified candidates, the Board, at its discretion, may make an appointment without conducting an interview, or may select applicants to interview for the vacant positions. The Clerk will then schedule interviews with applicants to be held during the next day meeting. g. All efforts will be made to interview selected applicants and make appointments within ninety days after the application deadline. For designated agency appointments to boards and commissions, the agency will be asked to recommend a person for appointment by the Board. h. All vacancies will be filled as they occur, except that vacancies occurring in Community Advisory Councils will be filled on an annual basis at the time regular terms expire unless there are more than three vacancies on any Council at the same time with more than three months remaining from the annual appointment date. i. All incumbents will be allowed to serve on a board or commission without their position being readvertised unless, based on attendance and performance, the Chair of the body or a member of the Board requests the Board to do otherwise. j.i. As a condition of assuming office, all citizen members of boards and commissions shall file a real estate disclosure form as set forth in the State and Local Government Conflict of Interests Act and thereafter shall file such form annually on or before January 15. k.j. If a member of a board or commission does not participate in at least fifty percent of a board’s or commission’s meetings, the Chair of the body may request the Board terminate the appointment, if permitted by applicable law, and refill it during the next scheduled advertising period. GM. Amendment of Rules of Procedure These Rules of Procedure may be amended by a majority vote of the Board at the next regular meeting following a regular meeting at which notice of the motion to amend is given. HN. Suspension of Rules of Procedure These Rules of Procedure may be suspended by a majority plus one vote of the Board members present and voting. The motion to suspend a rule may be made by any member of the Board. Upon a proper second, the motion may be discussed and voted. The effect of the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter before the Board. Provided, however, approval of a m otion to suspend the rule shall not permit the Board to act in violation of a requirement mandated by the Code of Virginia, the Constitution of Virginia, or any other applicable law. I O. Rules of Procedure. Necessary rules of procedure not covered by these Rules of Procedures shall be governed by Robert's Rules of Order Procedure in Small Boards. Such rules provide: 1. Members are not required to obtain the floor before making motions or speaking, which they can do while seated. 2. There is no limit to the number of times a member can speak to a question, and motions to close or limit debate generally should not be entertained. 3. Informal discussion of a subject is permitted while no motion is pending. 4. Sometimes, when a proposal is perfectly clear to all present, a vote can be taken without a motion having been introduced. Unless agreed to by unanimous consent, however, all Draft: December 29, 2014 Red text incorporates existing policy 10 proposed actions of a board must be approved by vote under the same rules as in other assemblies, except that a vote can be taken initially by a show of hands, which is often a better method in such meetings. 5. The chair need not rise while putting questions to vote. 6. The chair can speak in discussion without rising or leaving the chair; and, subject to rule or custom within the particular board (which should be uniformly followed regardless of how many members are present), the chair usually can make motions and usually votes on all questions. * * * * * (Adopted 2-15-73; Amended and/or Readopted 9-5-74, 9-18-75; 2-19-76; 1-3-77; 1-4-78; 1-3-79; 1-2-80; 1-7-81; 1-6-82; 1-5-83; 1-3-84; 1-2-85; 1-3-86; 1-7-87; 1-6-88; 1-4-89; 1-2-90; 1-2-91; 1-2-92; 1-6-93; 1-5-94; 1-4-95; 1-3-96; 1-2-97; 1-7-98; 1-6-99; 1-5-2000; 1-3-2001; 1-9-2002; 1-8-2003; 1-7-2004; 1-5- 2005; 1-4-2006; 1-3-2007; 1-9-2008; 1-7-2009; 1-6-2010; 1-5-2011; 1-4-2012; 1-09-2013; 1-8-2014; 7-9- 2014). COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACE Easement Purchases SUBJECT/PROPOSAL/REQUEST: Approval of ACE Purchases of Woodson and Stargell Easements STAFF CONTACT(S): Foley, Walker, Davis, Herrick, Cilimberg and Goodall PRESENTER (S): N/A LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On November 13, 2013, the Board approved the Acquisition of Conservation Easement (ACE) Committee’s request to have the top five ranked properties from the April, 2013 applicant pool (see Attachment A) appraised. In May of 2014, the Caldwells voluntarily withdrew their application, and in October, Mr. Campbell decided to not sell an easement to the County, leaving only three (3) eligible properties for consideration: Henley Forest, Stargell and Woodson. On November 5, 2014, the Board approved the recommendations of the ACE Committee and staff to: 1) accept the Henley Forest Inc. written offer to sell a conservation easement to the County for $363,780; 2) approve the Stargell and Woodson appraisals; and 3) authorize staff to invite Stargell and Woodson to make written offers to sell conservation easements to the County for the amounts approved by the ACE Appraisal Review Committee (ARC). STRATEGIC PLAN: Natural Resources: Thoughtfully protect and manage Albemarle County’s ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations. Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity. DISCUSSION: Currently, the County has $1,568,107.70 in funding available for the acquisition of eligible ACE easements ($736,954.60 in ACE funds re-appropriated from the County’s FY 14 Budget, $640,759 of ACE funds appropriated in FY 15, of which $120,000 is designated as grant revenue, and $310,394.10 from two Office of Farmland Preservation (OFP) grants previously awarded and currently being held by OFP in a restricted account until the County submits a Reimbursement Claim Form for 50% of total eligible easement acquisition costs, of which $120,000 was appropriated as part of the FY 15 Budget). With the County’s impending purchase of Henley Forest, Inc.’s easement for $363,780 and the related title insurance cost of approximately $1,250.00, a balance of approximately $1,203,000 will still remain for the acquisition of the Woodson and Stargell easements, both of which are eligible for the OFP grants, and all other future easements. BUDGET IMPACT: Funding for the purchase of these conservation easements would be paid for from existing funds in the CIP-Planning- Conservation budget (line-item 9010-81010-580409) and grants from the Office of Farmland Preservation (OFP). If the Woodson and Stargell easements are purchased for $72,000 and $257,000, respectively, for a total of $329,000, and title insurance for both easements purchased for approximately $2,000 total, all of the currently available OFP grant funding will be used, and there will be a balance of approximately $872,000 remaining in the County’s FY 15 Budget that may be used for future qualifying ACE easement purchases. Applications for the 2014 application pool are currently being reviewed and evaluated by staff. RECOMMENDATIONS: The ACE Committee and staff recommend that the Board accept the Woodson and Stargell written offers to sell conservation easements to the County for $72,000 and $257,000, respectively, for a total amount of $329,000. ATTACHMENTS: A – ACE Ranking Evaluation – 2013 Applicants B – ACE Income Grid C – Appraisals and Acquisition Costs of ACE Easements D – Summary of ACE Conservation Efforts Return to consent agenda Return to regular agenda Attachment A Ranking Order of ACE Applicants from April, 2013 (20 points are needed to qualify for ACE Funding) Applicant Tax Map Acres Tourism Points Status Henley Forest, Inc. TM 39, Parcel 4 (254.63 acres) yes 83.98 Eligible (White Hall) TM 39, Parcel 14 ( 5.90 acres) TM 40, Parcel 1 (375.16 acres) TM 40, Parcel 27A (134.70 acres) Totals (770.39 acres) Caldwell, Joan TM 18, Parcel 39 ( 65.93 acres) no 42.31+ Withdrawn (Free Union) TM 19, Parcel 9 (117.66 acres) TM 19, Parcel 11 ( 3.01 acres) TM 19, Parcel 17A ( 1.00 acres) Totals (187.60 acres) Campbell, John TM 105, Parcel 1A (136.99 acres) no 26.17+ Withdrawn (Buck Island) Woodson, Ronnie TM 99, Parcel 52 ( 90.70 acres) no 21.38 Eligible (North Garden) Stargell, Janice TM 119, Parcel 7 ( 91.63 acres) no 20.04 Eligible (Faber) Klumpp, Kathleen TM 102, Parcel 19C ( 92.87 acres) yes 19.27 Ineligible (Carters Bridge) Pound, Lewis TM 75, Parcel 43 (106.75 acres) yes 11.75 Ineligible (Red Hill) _______________________________________________________________________________________________ Totals 7 applicants 1,478.98 acres Note: Though we no longer use tourism funds (the hotel tax), tourism value is determined by the presence of specific elements from the ranking evaluation criteria that made a property eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. ACE Ranking Evaluation Criteria & Points Determination Owner: Henley Forest, Inc. Property: TM 39, Parcel 4 (254.63 acres) 11 DivR’s + 10 DevR’s = 21 DR’s 222 acres critical slope TM 39, Parcel 14 ( 5.90 acres) 0 DivR’s + 2 DevR’s = 2 DR’s 0 acres critical slope TM 40, Parcel 1 (375.16 acres) 16 DivR’s + 11 DevR’s = 27 DR’s 250 acres critical slope TM 40, Parcel 27A (134.70 acres) 5 DivR’s + 7 DevR’s = 12 DR’s 85 acres critical slope Totals (770.39 acres) 32 DivR’s + 30 DevR’s = 62 DR’s 557 acres critical slope Ranking Criteria Determination Source for Points Points Criteria A.1 17,086’ on several parcels plats/County overlay maps 36.17 Criteria A.2 770.39 acres RE Assessor’s Office 15.41 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 17 usable DR’s eliminated Zoning & Planning Departments 8.50 Criteria C.1 465 acres in Buck’s Elbow MOD County overlay maps 9.30 Criteria C.2 yes (timbering) landowner 3.00 Criteria C.3 no road frontage County tax map/plats 0.00 Criteria C.4 no PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 >250 acres of “prime” forestland County Soil Survey 5.00 Criteria C.7 yes - SFRRR County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 no landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 Sugar Hollow Ag-Forestal County overlay maps 2.00 Criteria C.12 yes landowner/DOF 1.00 Criteria D.1 yes (6%) based on AGI & income grid 0.60 Point Total 83.98 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation & Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District; DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots  Currently, zero (0) dwellings exist on property; the Henleys want the right to build 3 dwellings.  Since 72% of the property (557 acres) lies on critical slopes, this percentage of the property is nonusable for development. This leaves 20 “usable” development rights on 28% of the land minus 3 dwellings or DR’s. ACE Ranking Evaluation Criteria & Points Determination - WITHDRAWN Owner: Caldwell, Joan (“Longwood”) Property: TM 18, Parcel 39 ( 65.93 acres) 2 DivR’s + 5 DevR’s = 7 DR’s no dwellings TM 19, Parcel 9 (117.66 acres) 5 DivR’s + 5 DevR’s = 10 DR’s two dwellings TM 19, Parcel 11 ( 3.01 acres) 0 DivR’s + 1 DevR’s = 1 DR’s one dwelling TM 19, Parcel 17A ( 1.00 acres) 0 DivR’s + 1 DevR’s = 1 DR’s one dwelling Totals (187.60 acres) 7 DivR’s + 12 DevR’s = 19 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 1,395’ on PRFA Preservation Tract plats/County overlay maps 4.79 Criteria A.2 188.75 acres RE Assessor’s Office 3.78 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 15 usable DR’s eliminated Zoning & Planning Departments 7.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 2,445’ on Simmons Gap Road County tax map/plats 7.54 1,277’ on Buck Mtn. Road 1,818’ on Markwood Drive Criteria C.4 yes – historic structures PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 185 acres of “prime” farm/forest County Soil Survey 3.70 Criteria C.7 yes - SFRRR County overlay maps 3.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 3,000’ on 3 streams landowner 6.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 need tax returns based on AGI & income grid ???? Point Total 42.31 points DCR = Department of Conservation & Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District; DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots ACE Ranking Evaluation Criteria & Points Determination - WITHDRAWN Owner: Campbell, John Property: TM 105, Parcel 1A (136.99 acres) 6 DivR’s + 5 DevR’s = 11 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 none plats/County overlay maps 0.00 Criteria A.2 136.99 acres RE Assessor’s Office 2.74 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 9 usable DR’s eliminated Zoning & Planning Departments 4.50 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes – timber harvesting landowner 3.00 Criteria C.3 800’ on Buck Island Rd (SR 729) County tax map/plats 2.80 Criteria C.4 no PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 44 acres of “prime” forestland County Soil Survey 0.88 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 4,600’ w/ 100’ RFB’s landowner 8.25 900’ w/ 50-100’ RFB’s Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 no County overlay maps 0.00 Criteria C.12 yes landowner/DOF 1.00 Criteria D.1 need tax returns based on AGI & income grid ???? Point Total 26.17 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation & Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District; DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots ACE Ranking Evaluation Criteria & Points Determination Owner: Woodson, Ronnie Property: TM 99, Parcel 52 (90.70 acres) 4 DivR’s + 2 DevR’s = 6 DR’s (no dwellings) Ranking Criteria Determination Source for Points Points Criteria A.1 <¼ mile of Jimmy Powell plats/County overlay maps 2.00 Criteria A.2 90.70 acres RE Assessor’s Office 1.81 Criteria B.1 no landowner 0.00 Criteria B.2 yes landowner 3.00 Criteria B.3 4 usable DR’s eliminated Zoning & Planning Departments 2.00 Criteria C.1 no County overlay maps 0.00 Criteria C.2 yes landowner 5.00 Criteria C.3 100’ pipe-stem on Plank Rd. County tax map/plats 2.10 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 55 acres of “prime” farm/forest County Soil Survey 1.14 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 2,330’ on one side of stream landowner 2.33 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 Hardware Ag/For District County overlay maps 2.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 no based on AGI & income grid 0.00 Point Total 21.38 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots ACE Ranking Evaluation Criteria & Points Determination Owner: Stargell, Janice Property: TM 119, Parcel 7 (91.63 acres) 3 DivR’s + 5 DevR’s = 8 DR’s (no dwellings) Ranking Criteria Determination Source for Points Points Criteria A.1 no plats/County overlay maps 0.00 Criteria A.2 91.63 acres RE Assessor’s Office 1.83 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 7 usable DR’s eliminated Zoning & Planning Departments 3.50 Criteria C.1 not in MOD County overlay maps 0.00 Criteria C.2 yes landowner 3.00 Criteria C.3 1,620’ on Green Creek Rd. County tax map/plats 3.62 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 30 acres of “prime” farm/forest County Soil Survey 0.60 Criteria C.7 not in drinking water watershed County overlay maps 0.00 Criteria C.8 no on scenic river plat/survey/County overlay maps 0.00 Criteria C.9 50’ wide buffer on 4,994’ on landowner 7.49 two streams Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 not in Ag/For District County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 no based on AGI & income grid 0.00 Point Total 20.04 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = Th e Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road CE = Conservation Easement SFRR = South Fork Rivanna River watershed SWMHD = Southwest Mountains Historic District DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots ACE Ranking Evaluation Criteria & Points Determination - INELIGIBLE Owner: Klumpp, Kathleen Property: TM 102, Parcel 19C (92.87 acres) 4 DivR’s + 1 DevR’s = 5 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 ¼ mile from Redlands plats/County overlay maps 2.00 Criteria A.2 92.87 acres RE Assessor’s Office 1.86 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 4 usable DR’s eliminated Zoning & Planning Departments 2.00 Criteria C.1 67 acres in Carters Mtn. MOD County overlay maps 2.99 33 acres in ridge area boundary Criteria C.2 yes (hay and timbering) landowner 3.00 Criteria C.3 50’ right-of-way off SR 627 County tax map/plats 0.00 Criteria C.4 yes – Southern Albemarle RHD PEC/Monticello viewshed maps 3.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 71 acres of “prime” farm/forest County Soil Survey 1.42 Criteria C.7 no County overlay maps 0.00 Criteria C.8 no plat/survey/County overlay maps 0.00 Criteria C.9 no stream frontage landowner 0.00 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 yes (Carters Mtn. Bridge Ag-For) County overlay maps 2.00 Criteria C.12 yes landowner/DOF 1.00 Criteria D.1 donation based on AGI & income grid 0.00 Point Total 19.27 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation & Recreation; SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement; SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District; DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots ACE Ranking Evaluation Criteria & Points Determination - INELIGIBLE Owner: Pound, Lewis Property: TM 75, Parcel 43 (106.75 acres) 4 DivR’s + 5 DevR’s = 9 DR’s Ranking Criteria Determination Source for Points Points Criteria A.1 no plats/County overlay maps 0.00 Criteria A.2 106.75 acres RE Assessor’s Office 2.14 Criteria B.1 no landowner 0.00 Criteria B.2 no landowner 0.00 Criteria B.3 7 usable DR’s eliminated Zoning & Planning Departments 3.50 Criteria C.1 10.89 acres in Dudley Mtn. MOD County overlay maps 0.22 Criteria C.2 yes (timbering) landowner 3.00 Criteria C.3 right-of-way off Route 29 County tax map/plats 0.00 Criteria C.4 none PEC/Monticello viewshed maps 0.00 Criteria C.5 no DCR Division of Natural Heritage 0.00 Criteria C.6 57 acres of “prime” farm/forest County Soil Survey 1.14 Criteria C.7 not in drinking water watershed County overlay maps 0.00 Criteria C.8 not on scenic river plat/survey/County overlay maps 0.00 Criteria C.9 1,750’ on 1 side of stream landowner 1.75 Criteria C.10 n/a County Engineering Department 0.00 Criteria C.11 not in Ag/For District County overlay maps 0.00 Criteria C.12 no landowner/DOF 0.00 Criteria D.1 no based on AGI & income grid 0.00 Point Total 11.75 points PEC = Piedmont Environmental Council; VOF = Virginia Outdoors Foundation; TNC = The Nature Conservancy DCR = Department of Conservation and Recreation SH = Scenic Highway; EC = entrance corridor; SR = State Road; CE = Conservation Easement SFRR = South Fork Rivanna River watershed; SWMHD = Southwest Mountains Historic District DivR’s = 21 acre lots; DevR’s = 2 acre by-right lots Sec. A.1-108. Ranking criteria. In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below. Points shall be rounded to the first decimal. A. Open-space resources. 1. The parcel adjoins an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points, with one additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one- quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points. 2. Size of the parcel: one (1) point for each fifty (50) acres. B. Threat of conversion to developed use. 1. The parcel is threatened with forced sale: five (5) points. 2. The parcel is threatened with other hardship: three (3) points. 3. The number of usable division rights to be eliminated on the parcel: one-half (1/2) point for each usable division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights. A division right includes all by- right divisions of both 2-acre lots and the 21-acre residual lots. Each right represents the right to build a single dwelling. C. Natural, cultural and scenic resources. 1. Mountain protection: one (1) point for each fifty (50) acres in the mountain overlay district, as defined in the Comprehensive Plan. An additional one (1) point may be awarded for each twenty (20) acres within a ridge area boundary. For purposes of this section, the term “ridge area boundary” means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps. If the landowner elects to use these points in the ranking criteria, the Deed of Easement shall prohibit all construction within the MOD. No far m building or agricultural structure may be allowed unless prior written approval is obtained from each Grantee”. 2. Working family farm, including forestry: five (5) points if at least one family member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if one family member has as a secondary occupation working the farm sufficient to qualify for the land use tax program. 3. The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points, with one (1) additional point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road frontage; or, the parcel is substantially visible from, but is not contiguous to, a public road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points. If the landowner elects to use points in the ranking criteria for frontage on a Virginia scenic highway or byway, any new dwelling shall have a 250’ setback from said roadway or shall not be visible in any season of the year from the scenic road on a site approved by the Grantee. Otherwise, one (1) point will be awarded for each one thousand (1000) feet of road frontage. 4. The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county; two (2) points if the parcel contains artifacts or a site of archaeological or architectural significance as determined by a qualified archaeologist or architectural historian under the United States Department of Interior’s professio nal qualification standards. If the landowner elects to use these points in the ranking criteria for artifacts or sites of archaeological or architectural significance, the Deed of Easement shall require the permanent protection of these resources as designed by Department of Historic Resources. 5. The parcel contains an occurrence listed on the state natural heritage inventory or a qualified biologist has submitted documentation of an occurrence of a natural heritage resource to the ACE Program and the Division of Natural Heritage on behalf of the applicant: five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence listed on the State Natural Heritage Inventory: two (2) points. 6. The parcel contains capability class I, II or III soils (“prime soils”) for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points. 7. The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of the Moormans River), Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir River, North Fork Rivanna River, Totier Creek Reservoir, Swift Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River, Jacob’s Run, or the Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir: one (1) point for each one thousand (1000) feet of frontage. 8. The parcel adjoins a waterway designated as a state scenic river: one-half (1/2) point for each one thousand (1000) feet of frontage. If the landowner elects to use these points in the ranking criteria, any new dwelling shall not be visible from the river or require a 250’ setback from the river so as to maintain the natural, scenic quality of the property from the river. 9. The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative forest buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) linear feet of buffer that is between thirty-five (35) and fifty (50) feet wide; one and one-half (1½) points for each one thousand (1000) linear feet of buffer that is greater than fifty (50) feet but no t more than one hundred (100) feet wide; two (2) points for each one thousand (1000) linear feet of buffer that is greater than one hundred (100) feet wide. If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded. 10. The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point. 11. The parcel is within an agricultural and forestal district: two (2) points. 12. One (1) point for a professionally prepared Forestry Stewardship Management Plan approved by the Virginia Department of Forestry. D. County Fund Leveraging. 1. State, federal, or private funding identified to leverage the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. Sec. A.1-109. Easement terms and conditions. Each conservation easement shall conform with the requirements of the Open-Space Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this appendix. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions: A. Restriction on division. The parcel shall be restricted from division as follows: (i) if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one hundred (100) acres or larger but less than two hundred (200) acres, it may be divided into two (2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists of the remaining acres). B. Protection of mountain, scenic and historic resources. The deed of easement shall include the following restrictions if the owner is eligible for points under section A.1-108 for the resources identified therein: 1. Mountain resources. If the parcel is eligible for points in the evaluation process under section A.1-108(C)(1) for mountain protection, the deed of easement shall prohibit establishing all primary and accessory structures and other improvements, provided that one or more farm buildings or agricultural structures may be permitted within the mountain overlay district with the prior written approval from each grantee; the deed of easement also shall assure that the parcel is used and maintained in a manner consistent with the Comprehensive Plan as it pertains to mountain resources and, in particular, the Mountain Design Standards in the Natural Resources and Cultural Assets Component of the Comprehensive Plan. 2. Scenic highways and byways. If the parcel is eligible for points in the evaluation process under section A.1-108(C)(3) for adjoining a Virginia scenic highway or byway, the deed of easement shall require that each new dwelling (a) have a two hundred fifty (250) foot setback from the edge of the right-of-way of the scenic highway or byway or (b) if within two hundred fifty (250) feet of the edge of the right-of-way of the scenic highway or byway, be sited in a location approved by each grantee prior to issuance of a building permit to assure that the dwelling is not visible from the scenic highway or byway at any time of the year. 3. Stream Buffers. If the parcel is eligible for points in the evaluation process under section A.1-108(C)(7) for being located within a watershed named therein or adjoining a stream named therein, the deed of easement shall require a stream buffer along any perennial stream, as that term is defined in Chapter 17 of the Albemarle County Code. 4. Scenic rivers. If the parcel is eligible for points in the evaluation process under section A.1-108(C)(8) for adjoining a Virginia scenic river, the deed of easement shall require that each new dwelling (a) have a two hundred fifty (250) foot setback from the top of the adjoining stream bank or (b) if within two hundred fifty (250) feet of the top of the adjoining stream ban k, shall be sited in a location approved by each grantee prior to issuance of a building permit to assure that the dwelling is not visible from the scenic river at any time of the year. 5. Historic resources. If the parcel is eligible for points in the evaluation process under section A.1-108(C)(4) for sites of archaeological or architectural significance, the deed of easement shall require that no such site shall be razed, demolished or moved until the razing, demolition or moving thereof is approved by each Grantee. 6. Voluntary Stream Buffers. If the owner voluntarily requested in his application that the parcel be awarded points in the evaluation process under section A.1-108(C)(9) for a voluntary stream buffer, the deed of easement shall require a stream buffer along any perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code. C. No buy-back option. The owner shall not have the option to reacquire any property rights relinquished under the conservation easement. D. Other restrictions. The parcel also shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of forest resources; (iv) grading, blastin g or earth removal; (v) the number and size of primary and secondary dwellings, non-residential outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial activities on the parcel; and (vii) monitoring of the easement. E. Designation of easement holders. The county and one or more other public bodies, as defined in Virginia Code § 10.1-1700, and designated by the board of supervisors shall be the easement holders of each easement. The public body or bodies who may be des ignated by the board shall include, but not be limited to, the Albemarle County Public Recreational Facilities Authority and the Virginia Outdoors Foundation. Appraisals & Acquisition Costs for April, 2013 ACE Easement Applicants Pape & Company - Appraised July, 2014 Applicant Total Appraised Value Easement Value (% FMV) ACE Payment (% EV) Henley Forest, Inc. $1,620,000 $ 387,000 (24%) $ 363,780 (94%) (White Hall) Campbell, John $1,370,000 $ 274,000 (20%) $ 175,360 (64%) (Woodridge) Woodson, Ronnie $1,070,000 $ 72,000 (7%) $ 72,000 (100%) (North Garden) Stargell, Janice $ 458,200 $ 257,000 (56%) $ 257,000 (100%) (Faber) __________________________________________________________________________________ Totals $4,518,200 $ 990,000 $ 868,140 (88%) Notes: 1. % FMV = easement value/total appraised value 2. % EV is the percent of easement value paid by ACE according to the income grid. Summary of ACE Conservation Efforts since 2000:  94 applicants  acquired easements on 41 properties  protected 7,555 acres  eliminated 459 development lots  protected over 3,691 acres of “prime” farm and forestland  protected lands with over 35,000 feet along state roads  protected lands with over 21,000 feet along a scenic highway or entrance corridor  protected 523 acres of mountaintop  protected over 85,000 linear feet of streamside with buffers  28/41 properties have “tourism” value  11/41 properties in a Rural Historic Districts  25/41 properties adjoin permanently protected land  15/41 lie in the watershed of a drinking supply reservoir  30/41 are working family farms Year Applicants Closed (Acres) DR’s Eliminated Round 1 11 4 (1,045 ac) 88 DR’s (purchased) Round 2 8 5 (1,157 ac) 24 DR’s (purchased) Round 3 8 5 ( 911 ac) 62 DR’s (purchased) Round 4 8 2 ( 647 ac) 34 DR’s (purchased) Round 5 10 6 (1,110 ac) 66 DR’s (purchased) Round 6 7 5 ( 583 ac) 44 DR’s (purchased) Round 7 9 2 ( 558 ac) 26 DR’s (purchased) Round 8 14 3 ( 472 ac) 32 DR’s (purchased) Round 9 11 5 ( 741 ac) 59 DR’s (purchased) Round 10 8 1 ( 331 ac) 24 DR’s (purchased) Total 94 41 (7,555 ac) 459 DR’s Number of easements acquired: 41 easements Acres protected: 7,555 acres Development lots eliminated: 459 DR’s eliminated ACE appropriations: $ 11,547,243 Easement acquisition cost (what we paid): $ 11,050,610 Closing costs (appraisals, title insurance etc.): $ 198,304 Net easement acquisition costs: $ 11,248,914 ($1,489/acre) Grants: $ 1,613,843 (VOF, OFP, VLCF) Donations: $ 22,500 (PEC) Income adjustment (from income grid): $ 1,709,720 Totals Savings $ 3,346,063 (23% of easement cost) Total easement cost (before grants, donations & adjusted values): $ 14,594,977 ($1,932/acre) I. Comparison of New Residential Dwelling Units (Table I & Chart A) II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV) III. Comparison of All Building Permits (Table V) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF Single-Family (includes modular) SFA Single-Family Attached SF/TH Single-Family Townhouse SFC Single-Family Condominium DUP Duplex MF Multi-Family MHC Mobile Home in the County (not in an existing park) AA Accessory Apartment Community Development Department 2014 THIRD QUARTER CERTIFICATE OF OCCUPANCY REPORT County of Albemarle INDEX Information Services Division 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5832 - 2 - I. Comparison of Residential Dwelling Units Table I. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural 1st Quarter 91 36 166 36 57 47 92 89 32 22 95 10 104 10 38 20 2nd Quarter 132 75 52 48 52 32 111 22 69 25 108 21 260 22 72 28 3rd Quarter 104 47 57 45 168 30 76 18 52 17 215 22 81 17 77 20 4th Quarter 66 62 65 42 69 63 52 24 268 22 258 23 55 29 393 220 340 171 346 172 331 153 421 86 676 76 500 78 187 68 Chart A. Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area During the third quarter of 2014, 97 certificates of occupancy were issued for 97 dwelling units. There were four permits issued for mobile homes in existing parks, at an exchange rate of $2,500, for a total of $10,000. There were no certificates of occupancy issued for the conversion of an apartment to a condominium. 2014 Totals 58 100 Quarter 20102009 201320112007 2008 20142012 YEAR TO DATE TOTALS 484518 COMP PLAN AREA TOTALS 97 0 613 511 255578507 752 Annual Comparison of New Residential Dwelling Units 0 100 200 300 400 500 600 700 800 Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area Dev Area Rural Area 2007 2008 2009 2010 2011 2012 2013 2014*Dwelling UnitsAnnual Comparison of New Residential Dwelling Units SF Unit Other Units*Through Third Quarter Prepared by the Albemarle County Community Development Dept. Information Services Division - 3 - 3rd Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS RIO 11 7 9 0 0 0 0 1 28 29% JACK JOUETT 1 0 0 0 0 0 0 0 1 1% RIVANNA 16 0 7 0 0 0 1 0 24 25% SAMUEL MILLER 4 0 1 0 0 0 0 0 5 5% SCOTTSVILLE 7 0 3 0 0 0 0 0 10 10% WHITE HALL 26 0 3 0 0 0 0 0 29 30% TOTAL 65 7 23 0 0 0 1 1 97 100% Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 1 0 0 0 0 0 0 1 1% URBAN NEIGHBORHOOD 2 5 6 7 0 0 0 0 1 19 20% URBAN NEIGHBORHOOD 3 10 0 7 0 0 0 0 0 17 18% URBAN NEIGHBORHOOD 4 0 0 3 0 0 0 0 0 3 3% URBAN NEIGHBORHOOD 5 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 0 0 1 0 0 0 0 0 1 1% 15 7 18 0 0 0 0 1 41 42% CROZET COMMUNITY 20 0 3 0 0 0 0 0 23 24% HOLLYMEAD COMMUNITY 5 0 2 0 0 0 0 0 7 7% PINEY MOUNTAIN COMMUNITY 4 0 0 0 0 0 0 0 4 4% 29 0 5 0 0 0 0 0 34 35% RIVANNA VILLAGE 2 0 0 0 0 0 0 0 2 2% 2 0 0 0 0 0 0 0 2 2% 46 7 23 0 0 0 0 1 77 79% RURAL AREA 1 5 0 1 0 0 0 0 0 6 6% RURAL AREA 2 1 0 0 0 0 0 1 0 2 2% RURAL AREA 3 6 0 0 0 0 0 0 0 6 6% RURAL AREA 4 6 0 0 0 0 0 0 0 6 6% 18 0 1 0 0 0 1 0 20 21% 64 7 24 0 0 0 1 1 97 100% TOTAL DEVELOPMENT AREA SUBTOTAL RURAL AREA SUBTOTAL COMPREHENSIVE PLAN AREA URBAN AREAS SUBTOTAL COMMUNITIES SUBTOTAL VILLAGE SUBTOTAL Prepared by the Albemarle County Community Development Dept. Information Services Division - 4 - 3rd Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type % TOTAL SF SF/TH DUP MHC UNITS Agnor-Hurt 4 7 0 0 19% Baker Butler 8 2 0 0 10% Broadus Wood 3 0 0 0 3% Brownsville 23 3 0 0 27% Cale 1 3 0 0 4% Crozet 1 0 0 0 1% Greer 1 0 0 0 1% Hollymead 1 0 0 0 1% Meriwether Lewis 1 0 0 0 1% Murray 3 1 0 0 4% Red Hill 0 0 0 0 0% Scottsville 4 0 0 0 4% Stone Robinson 4 7 0 0 11% Stony Point 10 0 0 1 11% Woodbrook 1 0 0 0 2% Yancey 0 0 0 0 0% TOTAL III. COMPARISON OF ALL BUILDING PERMITS Table V. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL #NEW *NEW NON-RES. **NEW COMMERCIAL FARM BUILDING DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. No. No. No. No. RIO 28 14 3 9 54 JOUETT 1 15 3 2 21 RIVANNA 24 22 2 8 56 S. MILLER 5 27 0 1 33 SCOTTSVILLE 10 13 1 1 25 WHITE HALL 29 27 1 0 57 * Additional value of mobile homes placed in existing parks is included in the Alteration Residential category. * Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category. * Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the residential component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs. ** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and commercial uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other tables of the Building Report as permitting occurs. 0 0 0 0 0 65 7 0 0 0 1 0 0 0 0 0 Amount-$ 320,000$ 6,292,000$ 0 SCHOOL DISTRICT SFA SFC DWELLING UNIT TYPE MF 0 0 23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8,976,382$ 0 65,000$ 4,629,500$ 0 TOTAL Amount-$ 0 0 Amount-$ 970 17,289,500$ 4,423,246$ 558,500$ 270,000$ 6,031,700$ 2,355,000$ 0 0 4 1 TOTAL UNITS 18 10 3 26 0 0 0 00 AA 0 0 0 7 0 0 0 0 .. 100% 21 2463,650,000$ 60,066,426$ 11 11 2 0 11 2,521,500$ Amount-$ Amount-$ 1,097,300$ 2,003,246$ 0 3,965,198$ 7,520,606$ 10 21,908,098$ 400,000$ 00 0 0 -$ 4 0 4 0 0 0 0 13,098,698$ 11,649,100$ 8,325,000$ 0 0 1 1 1 15,000$ 9,602,000$ TOTAL 8,081,022$ 900$ 11826,987,722$ 0 0 -$ 235,000$ 97 516,500$ 894,460$ 2,689,100$ 3,828,000$ Prepared by the Albemarle County Community Development Dept. Information Services Division I. Comparison of New Residential Dwelling Units (Table I & Chart A) II. Comparison of Residential Dwelling Units by Type (Tables II, III, & IV) III. Comparison of All Building Permits (Table V) KEY TO TYPES OF HOUSING REFERRED TO IN REPORT SF Single-Family (includes modular) SFA Single-Family Attached SF/TH Single-Family Townhouse SFC Single-Family Condominium DUP Duplex MF Multi-Family MHC Mobile Home in the County (not in an existing park) AA Accessory Apartment INDEX Community Development Department 2014 THIRD QUARTER BUILDING REPORT County of Albemarle Information Services Division 401 McIntire Road Charlottesville, Virginia 22902-4596 (434) 296-5832 - 2 - I. Comparison of Residential Dwelling Units Table I. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area 2014 Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Dev Rural Totals 1st Quarter 81 64 267 57 78 49 38 20 91 24 372 26 70 25 102 26 89 30 119 2nd Quarter 101 80 232 38 86 53 71 26 65 27 58 29 310 25 110 37 83 36 119 3rd Quarter 65 67 73 67 47 47 50 30 358 23 82 37 47 28 71 41 90 48 138 . 4th Quarter 68 49 57 40 28 30 91 13 29 33 62 28 50 33 55 26 0 315 260 629 202 239 179 250 89 543 107 574 120 477 111 338 130 262 114 Chart A. Nine Year Comparison of New Residential Dwelling Units by Comprehensive Plan Development Area and Rural Area 2014 During the third quarter of 2014, 137 building permits were issued for 138 dwelling units. There were three permits issued for mobile homes in existing parks, at an exchange rate of $2,500, for a total of $7,500. There were no permits issued for the conversion of an apartment to a condominium. COMP PLAN AREA TOTALS Quarter YEAR TO DATE TOTALS 339831 418 20132011 575 2012 376650 694 468588 2006 2007 2008 2009 2010 Nine Year Comparison of New Residential Dwelling Units Prepared by the Albemarle County Community Development Dept. Information Services Division 0 100 200 300 400 500 600 700 Dev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural AreaDev AreaRural Area2006 2007 2008 2009 2010 2011 2012 2013 2014*Dwelling UnitsNine Year Comparison of New Residential Dwelling Units Other Units SF Unit*Through Third Quarter Prepared by the Albemarle County Community Development Dept. Information Services Division - 3 - 3rd Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE Table II. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS RIO 8 4 15 0 0 0 0 0 27 20% JACK JOUETT 2 0 0 0 0 0 0 0 2 1% RIVANNA 21 0 10 0 0 0 0 1 32 23% SAMUEL MILLER 13 2 4 0 0 0 5 0 24 17% SCOTTSVILLE 4 0 7 0 0 0 0 0 11 8% WHITE HALL 34 2 4 0 0 0 1 1 42 30% TOTAL 82 8 40 0 0 0 6 2 138 100% Table III. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT TYPE TOTAL % TOTAL SF SFA SF/TH SFC DUP MF MHC AA UNITS UNITS URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 2 6 4 15 0 0 0 0 0 25 18% URBAN NEIGHBORHOOD 3 12 0 10 0 0 0 0 0 22 16% URBAN NEIGHBORHOOD 4 0 0 7 0 0 0 0 0 7 5% URBAN NEIGHBORHOOD 5 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 0 0 0% URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 0 0 0% 18 4 32 0 0 0 0 0 54 39% CROZET COMMUNITY 24 2 4 0 0 0 0 0 30 22% HOLLYMEAD COMMUNITY 3 0 0 0 0 0 0 0 3 2% PINEY MOUNTAIN COMMUNITY 2 0 0 0 0 0 0 0 2 1% 29 2 4 0 0 0 0 0 35 25% RIVANNA VILLAGE 1 0 0 0 0 0 0 0 1 1% 1 0 0 0 0 0 0 0 1 1% 48 6 36 0 0 0 0 0 90 65% RURAL AREA 1 7 2 4 0 0 0 1 0 14 10% RURAL AREA 2 8 0 0 0 0 0 0 1 9 7% RURAL AREA 3 14 0 0 0 0 0 2 1 17 12% RURAL AREA 4 5 0 0 0 0 0 3 0 8 6% 34 2 4 0 0 0 6 2 48 35% 82 8 40 0 0 0 6 2 138 100% TOTAL DEVELOPMENT AREA SUBTOTAL RURAL AREA SUBTOTAL COMPREHENSIVE PLAN AREA URBAN AREAS SUBTOTAL COMMUNITIES SUBTOTAL VILLAGE SUBTOTAL Prepared by the Albemarle County Community Development Dept. Information Services Division - 4 - 3rd Quarter 2014 II. COMPARISON OF RESIDENTIAL DWELLING UNITS BY TYPE (continued) Table IV. Breakdown of Residential Dwelling Units by Elementary School District and Dwelling Unit Type % TOTAL SF SF/TH DUP MHC UNITS Agnor-Hurt 6 15 0 0 18% Baker Butler 5 0 0 0 4% Broadus Wood 2 0 0 1 2% Brownsville 27 4 0 0 25% Cale 1 7 0 0 6% Crozet 3 0 0 0 2% Greer 0 0 0 0 0% Hollymead 0 0 0 0 0% Meriwether Lewis 5 0 0 0 4% Murray 5 4 0 0 8% Red Hill 4 0 0 2 4% Scottsville 2 0 0 0 1% Stone Robinson 8 10 0 0 14% Stony Point 13 0 0 0 9% Woodbrook 0 0 0 0 0% Yancey 1 0 0 3 3% TOTAL III. COMPARISON OF ALL BUILDING PERMITS Table V. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. **NEW COMMERCIAL FARM BUILDING DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTITUT. & ALTER. COMM. No. No. No. No. No. RIO 27 35 1 44 107 JOUETT 2 8 0 21 31 RIVANNA 32 38 1 18 89 S. MILLER 24 51 0 6 81 SCOTTSVILLE 11 17 2 6 36 WHITE HALL 41 47 0 19 107 * Additional value of mobile homes placed in existing parks is included in the Alteration Residential category. * Additional value of Single-Family Condominium Conversions is included in the Alteration Residential category. 0 0 0 40 0 0 0 0 0 0 0 0 0 4 0 2 0 0 0 0 0 SCHOOL DISTRICT SFA SFC DWELLING UNIT TYPE MF AA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 2,003,000$ 12,286,350$ 137 474,725$ 2,280,940$ 196 12,423,748$ 3,620,627$ 10,714,044$ 17,391,378$ 2,702,325$ 15,034,742$ 467,452$ 90,500$ 1,236,398$ 4,055,000$ 120,000$ Amount-$ 1,134,026$ 2,619,978$ 1,750,000$ 7,902,300$ 14,680,900$ 438,842$ 0 0 -$ 962,000$ -$ 1,090,000$ 0 Amount-$ 0 0 0 0 0 0 0 0 25 5 3 34 2 8 3 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 TOTAL UNITS 19 13 0 4 5 6 715,718$ 0 0 2 11 138 0 0 0 0 * Additional value of condominium shell buildings is included in the New Non-Residential category. Additional permitting associated with the residential component of condominium shell buildings will be necessary and reported in other tables of the Building Report as permitting occurs. ** Additional value of mixed use buildings is included in the New Commercial category. Mixed use buildings are comprised of residential and commercial uses. Additional permitting associated with the residential component of mixed use buildings will be necessary and reported in other tables of the Building Report as permitting occurs. TOTAL 100% 114 4518,852,405$ 61,886,863$ Amount-$ 104,600$ 6,042,350$ 6 1,431,785$ Amount-$ 82 8 TOTAL 42,677,550$ 8,184,909$ 4 2,172,000$ -$ Amount-$ Prepared by the Albemarle County Community Development Dept. Information Services Division Page 1 of 3 Culpeper District Albemarle County Monthly Report January 2015 Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 53 Safety Project – Intersection Improvements at Route 729 Right of Way Advertisement December 2014 Route 677, Broomley Road Bridge Replacement over RR Right of Way Advertisement December 2014 Route 250, Bridge replacement over Little Ivy Creek Preliminary Design Public Hearing January 2016 Route 703, Pocket Lane, Unpaved Road -- Construction State Force Construction Route 784 Doctors Crossing– Unpaved Road Scoping State Force Construction Route 731 Keswick Road – Unpaved Road Scoping State Force Construction Route 643 – Reconstruction -- Project Scoping – 2015 -- Route 606 – Dickerson Rd. over North Fork of Rivanna River -- Project Scoping January 2020 Route 29 Solutions: PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Route 29 and Rio Road Addendum 2 Addendum 3 February 2015 Route 29 Widening, Ashwood to Hollymeade Town Center Addendum 2 Addendum 3 February 2015 Berkmar Drive Construction Addendum 2 Addendum 3 February 2015 Adaptive Signals Construction Signal and Fiber Optic N/A Hillsdale Extended Public Hearing ROW Authorization TBD Hillsdale South CTB Approval TBD P.E. Only N/A Hydraulic Road Grade Separated Intersection CTB Approval TBD P.E. Only N/A City of Charlottesville PROJECT LAST MILESTONE NEXT MILESTONE AD DATE Best Buy Ramp Advertisement Award November 2014 Page 2 of 3 Construction Activities  Route 29 Solutions o All Route 29 Solutions projects remain on schedule. o The Route 29/250 Ramp Improvement Project (Best Buy Ramp) was advertised on November 10, 2014 and bids received on December 17, 2014. o The Project Delivery Advisory Panel held meetings on December 4th and 18th. o RFP addendum number 2 was released on December 5, 2014 for all three design-build projects. Addendum number 3 will be issued on December 18th and include only minor clarifications. o For the three design-build projects, VDOT provided responses to proprietary and non-proprietary questions (Proprietary Meeting 2) as well as final meeting minutes on December 5, 2014. o VDOT held a second proprietary meeting for the design-build projects on November 19th and 20th. o The adaptive signal project achieved its first milestone in November and continues on-schedule. o The adaptive signal project continues with Phase 1 construction. Bores were recently performed at Towncenter Drive and Timberwood Road. Loops were cut at Hilton Heights Road and Schewels under the southbound lanes. Upcoming work includes bores at Towncenter, Timberwood, and Airport Road. Loops will be installed at Schewels, Hilton Heights, Towncenter Drive, and Timberwood. Signal cabinet work near Fashion Square has been delayed until after the holidays.  McIntire Interchange 0250-104-103, PE101 Scope: Construct Interchange at McIntire Road and Rte 250 Next Major Milestone: Opening of New Interchange to Traffic Traffic configuration has been switched to the Phase 2B configuration with completion of work for Retaining Wall and pavement construction for Ramp 2. Bridge deck concrete was placed prior to recent Thanksgiving Holiday. Contractor has performed work on the Abutment B side approach for construction of fill, placement of aggregate base material and installation of remaining drainage items. Work is progressing on the Dogwood Vietnam Memorial, as the retaining and seat walls have been constructed and are now backfilled. Work to install landscaping items is also ongoing. New traffic signals have been installed (but not activated) for the Park Street interchange. Water, Sewer and Gas Services are almost complete. Access Road parking lot consisting of a permeable paver surface has been completed. Parking lot for the C.A.R.S. facility adjacent to the Retaining Wall for Ramp 2 is under construction. Contract Completion: July 2, 2015. Project Construction started on March 4, 2013.  Guardrail Repair GR07-967-096, N501 Scope: Guardrail repairs – on call – District wide. Next Major Milestone: Contract Renewal – 3nd term Contract Completion: June 30, 2015  Dick Woods Road Bridge Over Ivy Creek (NFO)0637-002-284,C501 Scope: Bridge Replacement Next Major Milestone: Preconstruction Conference December 18, 2014. Planned start date January 19, 2015. Proposed Completion: August 4, 2015  Black Cat Road Bridge Over BRRR (NFO)0616-002-822,B674,C501 Scope: Bridge Replacement and reconstruct approaches Next Major Milestone: Preconstruction Conference December 18, 2014. Planned start date January 12, 2015. Proposed Completion: October 15, 2015  Route 29/US 250 Best Buy Ramp Widening Scope: Construct retaining wall, sound wall, ramp widening, drainage and sidewalks. Next Major Milestone: Bids received December 17, 2014 Contract Completion: May 21, 2016  ADAO-967-256,N501 Scope: Replace Curb, Gutter and Sidewalks Next Major Milestone: Tasks TBD Contract Completion: December 31, 2015 (Contract is Renewable)  Interstate 64 ATSMS Installation Scope: Installation of communications conduit in median from mile marker 107 (Crozet exit) to mile marker 94. Next Major Milestone: Completion July 2015. Contract Completion: July 2015 Page 3 of 3  Plant Mix Schedule (NFO)PM7A-967-F14,P401 Scope: Albemarle, Louisa Counties Next Major Milestone: Route 1720 Forest Lakes was completed on October 31, 2014. Route 1721 Forest Lakes and Rte 250 to be completed next year. Contract Completion: November 1, 2015  Plant Mix Schedule PM7B-967-F14,P401 Scope: Albemarle, Greene, Louisa Counties Next Major Milestone: The remainder of this contract is to be complete next year. Rte 729 was completed in May. 5 Sections of Rte 631 will be completed next year. Contract Completion: November 1, 2015  Surface Treatment Schedule ST7A-967-F14, P401 Scope: Albemarle, Greene, Fluvanna, Louisa Counties Next Major Milestone: Routes remaining in Albemarle County are: 600, 608, 619, 623, 640, 648, 762, and 842. (Remaining Routes will be pushed to next year). Contract Completion: November 1, 2015 Traffic Engineering Studies Completed  Route 649, Proffit Road and Route 20 Intersection safety review; complete VDOT Study Number—003-0020-20141104-007 Under Review  Route 651, Wakefield Road Operational Analysis; pending VDOT Study Number—003-0651-20141104-026 Maintenance Activities VDOT Area Headquarters crews completed the following activities during the past month. For specific route activities, please contact the Charlottesville Residency Office.  Debris removal on 3 primary routes and 7 secondary routes  Machining of non-hard surface roads has been performed on 34 secondary routes  Mowing has been completed on 37 secondary routes  Drainage repairs on 4 primary routes and 18 secondary routes  Patching was performed on 2 primary routes and 11 secondary routes  Culverts replaced on 1 primary route and 5 secondary routes  Debris was removed from 5 primary routes and 7 secondary routes  Sweeping performed on 2 primary routes and 1 secondary route  Shoulders repaired along 1 primary route and 2 secondary routes  Trimming performed on 1 primary route and 4 secondary routes  Tree removal on 6 secondary routes  Trash removal on 3 primary route and 6 secondary routes Joel DeNunzio Virginia Department of Transportation Charlottesville Residency Administrator 701 VDOT Way Charlottesville, VA 22911 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Water Resources Program – Level of Service SUBJECT/PROPOSAL/REQUEST: Request feedback on Water Resources Funding Advisory Committee’s recommendations pertaining to preliminary program plan STAFF CONTACT(S): Foley, Walker, Letteri, Davis, Kamptner, Shadman, Harper PRESENTER (S): Greg Harper LEGAL REVIEW: AGENDA DATE: January 7, 2015 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Recent Virginia mandates, including the Virginia Stormwater Management Program (VSMP) and the Total Maximum Daily Load (TMDL) Program, have led to significant increases in the cost of implementing County water resources programs. To explore whether the Board should establish a dedicated funding mechanism to support these programs, the Board appointed a Water Resources Funding Advisory Committee (See attached January 8, 2014 Executive Summary, Attachment A). The Committee is charged with providing to the Board by September 2015 a recommendation for a funding mechanism that would best meet County needs and goals (See Committee’s Charge, Attachment B). Since September 2014, key staff and consultant representatives have facilitated monthly Committee meetings covering topics such as major program elements, new mandates, the condition of County streams, staff and department roles, and program gaps. The Committee’s current task is to draft a preliminary program plan, which will enable the Committee to provide direction and advice on the public engagement process and to estimate the total program costs to serve as the basis of subsequent analyses and discussion regarding funding options, rate structure options, and preliminary rates and cost distributions. The Committee will develop program and funding option recommendations to be presented to the public beginning in April 2015. STRATEGIC PLAN: Natural Resources: “Thoughtfully protect and manage Albemarle County’s ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations.” Year 1 Priority: “By October 2015, establish direction and funding for a program to improve water quality.” DISCUSSION: The program plan will include the various operational and capital programs that will be supported by funding sources. Before the funding study can be conducted, it is necessary to determine whether the program plan should include proactively managing the County’s water resources’ infrastructure and ecosystems. Infrastructure management includes operating and maintaining stormwater management facilities and drainage conveyances (pipes and open channels). Ecosystem management includes activities that improve the quality of County streams and other natural resources, from stream buffer protection to stream restoration. The County must determine what level of service (LOS) it will provide to maintain compliance with the County’s increased MS4 permit requirements. The LOS, in turn, is relevant to evaluating the appropriate funding options. The Committee, at its December 11, 2014 meeting, considered various questions regarding the LOS of the preliminary program plan. Those questions and the Committee’s responses are summarized in Attachment C. Staff is requesting the Board’s feedback on the Committee’s positions and any additional thoughts or concerns regarding the preliminary program plan. BUDGET IMPACT: The information provided by the Board will simply inform the water resources funding study and will not affect the budget at this time. AGENDA TITLE: Water Resources Program – Level of Service January 7, 2015 Page 2 RECOMMENDATIONS: Staff recommends that the Board provide feedback regarding the Advisory Committee’s recommendations regarding the preliminary program plan and, in particular, whether the Committee should continue to examine a level of service that includes the proactive management of the County’s water resources’ infrastructure and ecosystems . ATTACHMENTS: A – January 8, 2014 Executive Summary B – Water Resources Funding Advisory Committee Charge C – Water Resources Funding Advisory Committee Preliminary Program Plan Preferences Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Water Resources Funding SUBJECT/PROPOSAL/REQUEST: Evaluate alternatives for funding of water resource programs STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Graham, Shadman, Harper, Brooks PRESENTER (S): Mark Graham LEGAL REVIEW: Yes AGENDA DATE: January 8, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Recent state mandates have significantly increased the scope and costs of County water resource programs. The Board will receive a separate executive summary at this January 8th meeting regarding a proposed comprehensive revision to the Water Protection Ordinance that addresses compliance with changes to the Virginia Stormwater Management Program (VSMP). Additionally, the Virginia Department of Environmental Quality (DEQ) is imposing new requirements and standards for the County’s Municipal Separate Storm Sewer System (MS4) permit that are anticipated to significantly increase funding demands beginning in FY15. In recent months, the Board has been presented information regarding both the VSMP and MS4 requirements (Attachments A and B). With this information, the Board considered strategic initiatives within the County’s Five Year Financial Plan to implement these requirements. In December 2013, the Board determined that the Five Year Financial Plan should include new funding for both programs. The VSMP costs in the Community Development Department are proposed to be offset by development applications fees. The MS4 costs in the General Services Department, which includes both operational and capital costs, requires an additional revenue source for funding. The purpose of today’s work session is to evaluate the funding needed and possible sources of revenue. STRATEGIC PLAN: Goal 4. Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s established growth management policies DISCUSSION: For the water resources program, the Five Year Financial Plan identifies the total program cost will escalate from $414 Thousand in FY15 to $1.23 Million in FY19, which equates to approximately $1 Million per year for the Five Year Financial Plan. This amount is based on assumptions for estimated costs and levels of service and may change during implementation. In order to create a balanced budget, a new revenue source is needed for this funding. Staff has identified three potential revenue sources to address this funding need. 1. General Fund – The County has the option to continue to fund the expenses from this Fund as historically done. At the current real estate tax assessments, the additional $1Million required per year equates to approximately two-thirds of a cent on the real estate tax rate. Most MS4 counties in Virginia are currently funding their water resources programs through general fund revenues. 2. Service District – Virginia enables localities to create special tax districts called service districts for dedicated funding. Taxes are assessed in the same way as property taxes. One county has been identified as using a Service District and another a sanitary district, which is a form of a service district. 3. Stormwater Utility – Virginia enables localities to create stormwater utilities. Rather than rely on the assessed property value, a stormwater utility measures impacts (runoff) and assesses fees based on that impact. This is typically done in terms of $”X” per 1,000 square feet of impervious cover or some similar measure. Stormwater utilities have been a preferred revenue source for MS4 cities in Virginia. To assist the Board in understanding the advantages and disadvantages of the three revenue sources, a table is provided as Attachment C comparing the three alternatives. In the table, a green color indicates the stronger of the revenue sources for the specific factor. In one case, an additional light green is provided to indicate that a possibility exists but must still be confirmed. A short description of each factor in the table is provided: AGENDA TITLE: Water Resources Funding January 8, 2014 Page 2  Implementation Costs and Complexity: This factor indicates the relative complexity of establishing this funding source. Funding water resources programs through the General Fund has no implementation costs and requires the Board to set the tax rate by resolution, using assessed values of property already in place. A Service District would have to be established by ordinance, but staff believes that the process would be fairly simple. The Service District tax rate, also using assessed values of property already in place, could be either set in the ordinance or established by resolution. Funding through a Stormwater Utility, once established by ordinance, would come from fees based on each parcel’s measured impacts from stormwater runoff, rather than assessed property values. The fee would be based on a dollar amount per a defined square footage of impervious cover, or some similar measure. Staff believes that a Stormwater Utility would require additional costs and more time to implement.  Administration Costs and Complexity: This factor indicates the relative complexity of maintaining this funding source. Once again, the General Fund and Service District are the easiest to administer because they continue the established process of levying and collecting real property taxes already in place. The Stormwater Utility requires a separate case-by-case evaluation as property is developed or changed. In addition, under a Stormwater Utility, the County may reduce fees to any public or private entity that implements or participates in strategies, techniques or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining public stormwater management systems. Although this incentive program certainly has merit, staff is concerned that it would be difficult to administer.  Dedicated Funding Source: This factor indicates whether the funding source would be ongoing. The Environmental Protection Agency (EPA) and DEQ have strongly encouraged localities to establish dedicated funding. Both the Service District and Stormwater Utility accomplish this.  Correlation between Impacts and Costs for Property: A stormwater utility establishes fees based on the measured impact, making it a more equitable charge. Because the General Fund and Service District tax is based on property values, they have little direct correlation to impacts.  Incentives for Reducing Impacts: The Stormwater Utility has the advantage of allowing the County to fully or partially waive fees for onsite measures taken to reduce stormwater impacts. These can include things such as rain barrels or rain gardens.  Complexity of Public Explanation: The concept of property taxes is well understood, which gives an advantage to the General Fund and Service District. The Stormwater Utility will be considerably more difficult to explain, as many explanations include qualifiers that confuse the public or make them suspicious of intentions. For example, it will be difficult to explain that a stormwater utility charge is based on impervious cover except where the impervious cover is disconnected from channelized runoff and the runoff is diverted to stormwater management facilities.  60/40 Revenue Split: The County has maintained a policy of a 60/40 split of new real estate tax revenue between the School Division and the County Local Government unless the Board, in a particular case, elects to dedicate an increase in revenue for a specific County or School purpose. The revenues generated by a Service District or Stormwater Utility would fall outside of that policy because they are required by law to be a dedicated funding source for water resources programs.  Itemized Expense on Income Taxes: Individuals who itemize expenses with their income tax can deduct general property taxes. This is not possible with Stormwater Utility fees, which are treated the same as any other utility bill for tax purposes. There remains some question as to whether taxes imposed by a Service District are entitled to the same tax deduction as general property taxes. Staff notes that Fairfax County uses a Stormwater Service District and advises its property owners the tax deduction is allowed based on how its program is designed.  Tax Exempt Properties: Tax exempt properties would not pay property taxes or Service District taxes if imposed for stormwater programs. All properties would pay a utility fee unless subject to a separate MS4 permit. After considering the advantages and disadvantages, staff believes a Service District provides the best balance of these factors. The General Fund was found to lack the dedicated funding source the regulators are encouraging with the MS4 permit and, if the Board elected to adhere to the County’s 60/40 funding policy, a substantial tax increase would be required, which may be difficult to garner public support. The Stormwater Utility is considered to be too expensive to implement and administer for the amount of funding needed, plus the fee cannot be an itemized deduction on individual income taxes. Staff also notes that based on other localities, it is anticipated that a Stormwater Utility would take two years to fully implement, while the revenue source is needed beginning in FY 15. Thus, at least AGENDA TITLE: Water Resources Funding January 8, 2014 Page 3 for the next five years, the Service District appears to be the best funding option. If the 2018 reissued MS4 permit continues to increase the County’s program costs, staff believes a utility should be reconsidered at that time. BUDGET IMPACT: The estimated expense of $1 Million per year for the next five years represents the cost of continuing the existing MS4 permit program and addressing the costs with the new mandate. It should be noted this cost does not include any additional measures the Board may wish to consider for improving local streams and rivers , and could be subject to change as the program is implemented. Funding for such an expanded program could also be addressed with a Service District. If a Service District is established effective July 1, 2014, revenue would be collected in December of 2014 and June of 2015, providing full funding for stormwater programs in FY15. RECOMMENDATIONS: Staff recommends that the Board direct staff to schedule a public hearing for the adoption of an ordinance to establish a Service District to be effective July 1, 2014 to ensure that the County’s stormwater program can be implemented with tax revenue to be collected for all of FY15. If the Board concurs, staff will include this as part of the FY15 proposed budget ATTACHMENTS: A – September 4, 2013 Executive Summary – Virginia Stormwater Management Program B – October 2, 2013 Executive Summary – Municipal Separate Storm Sewer System (MS4) Program and Total Maximum Daily Loads (TMDLs) C – Comparison of Funding Sources Water Resources Funding Advisory Committee – Preliminary Program Plan Preferences Page 1 Water Resources Funding Advisory Committee Preliminary Program Plan Preferences A summary of Committee responses to questions poised at the December 11, 2014 meeting. Should the County adopt and proactively maintain conveyance infrastructure which meets certain criteria (i.e., over a given size or receiving runoff from public properties) on private properties but not within public easements?  Consensus was to map and assess all private conveyance infrastructure regardless of whether it is in a public easement. It is important to understand the extent and nature of the entire system.  Regarding conveyance infrastructure on private property and within a public easement, the County needs to budget for adequately maintaining that infrastructure once the extent is determined.  Regarding conveyance infrastructure on private property and not within a public easement, the BOS should make decisions about maintenance responsibility after the extent of the issue is known. The committee discussed three possible options: o decide not to expand the scope of the County’s service o institute some kind of cost-share with private owners when the infrastructure fails or is in need of maintenance o assume responsibility for maintenance The selection of a policy option should consider the type and structure of any fee or tax implemented to pay for the County’s stormwater program. If so, how aggressively should the County inspect and maintain the system?  Consensus was to conduct an assessment of the entire system (age and conditions) within at least the next five years and to immediately begin setting aside funds sufficient to cover 1% system rehabilitation/replacement annually.  The 1% figure is considered a minimum assuming a 100-year lifespan for concrete pipe. The actual percentage will need to be revisited after completion of the assessment. Should the County adopt and proactively maintain private BMPs?  Consensus was that the advisory committee is not yet ready to recommend that maintenance shift from the private owner/operator to the County.  This issue should be kept at the forefront and revisited within the next five years. The County must more rigorously enforce maintenance agreements under VSMP/MS4. If the current system is not working, the BOS may want to consider alternative models, including but not limited to the County assuming maintenance responsibility.  Similar to conveyance infrastructure maintenance, the selection of a policy option should consider the type and structure of any fee or tax. Water Resources Funding Advisory Committee – Preliminary Program Plan Preferences Page 2 Should County programs address impaired streams and other waters beyond State requirements – impairments outside the regulated area and impairments within the regulated area but not currently under MS4 mandate?  Consensus was to conduct necessary watershed planning to identify and prioritize projects and programs to address these impaired streams and to set aside annual funding now to ensure that implementation can occur in a timely manner after plans are completed.  Staff was requested to determine the funding needed to ensure a reasonable pace of implementation. Should stream buffer requirements be more proactively implemented and enforced?  Consensus was to hire the necessary staff to proactively enforce the buffer area requirement.  While County staff reported relatively infrequent buffer encroachment complaints, TJSWCD noted that they get a lot of complaints about buffer violations from callers who initially contacted the County but were told that there are no staff resources for enforcement. Board-to-Board January, 2015 A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors Long Range Planning Recommendations—At the December meeting, the Board considered the recommendation of the Long-Range Planning Advisory Committee to undertake a comprehensive, division wide redistricting committee to convene in the spring. The Board decided to take action at the January business meeting, pending additional information from staff on school capacity and the scope of the redistricting committee’s work. State Funding Update—Governor McAuliffe released his recommended changes to the adopted FY16 budget on December 17. Despite cutting more than $272 million from the state’s adopted spending plan to account for reduced revenue estimates, the Governor’s recommendations did not take any additional funding from K-12 education. The Governor is also requesting that an additional $150 million contribution be made to the teacher’s liability pool of the Virginia Retirement System. The Board will monitor state funding and other legislation when the General Assembly session begins in January. Henley Gymnasium Addition—The Board approved the construction plan for the Henley Gymnasium Addition. Currently, due to space limitations, the 800-student school must conduct some of their physical education classes outdoors. During inclement weather, those classes move inside to add to the overcrowding. The addition, included in the 2014-2015 Capital Improvement budget, provides a multipurpose space, fitness center, and support spaces in a design that promotes lifelong healthy lifestyle skills. The new gym will be complete by winter of 2015. Resolution Passed—The Board passed a resolution, drafted by the Virginia Association of School Superintendents and the Virginia School Board Association, which requests that the General Assembly increase the state’s share of funding for public education to the levels necessary to meet the Standards of Quality. The resolution has been signed by school divisions across the state and presented to legislators before the General Assembly begins. Innovation in Education—Students, teachers, and staff from across the division had the opportunity to showcase some of the innovative practices going on in our classrooms at an event held December 12 at the I-Lab at the University of Virginia. The event, sponsored by the Public Education Fund (PEF) of Charlottesville-Albemarle, brought together Albemarle County and Charlottesville City schools to highlight programs and activities in each division that demonstrate teaching and learning in the 21st century. The PEF supports innovative efforts in each school division through its grant making activities. Magna Award—The media center at Monticello High School has received the Magna Award from the National School Board Association. The Magna award is a national recognition of best practices in school district leadership. The “Learning Commons”, as the media center is now called, provides flexible spaces to facilitate active instruction and learning that isn’t possible in a traditional classroom, including spaces for student collaboration and project based learning, Two years ago, the division was recognized for its M-Cubed program (Math, Men, and Mission) as an exemplary mentoring and academic support program. Virginia Impact Award-- Becky Fisher, the Director of Educational Technology for the school division, has received the VASCD’s statewide 2014 Impact Award for her leadership in best practices for educational technology and professional development programs. VASCD is the Virginia Association for Supervision and Curriculum Development and includes thousands of education professionals throughout the Commonwealth. Fisher was recognized for leadership in the transformation of learning environments, including reimagining school libraries as contemporary learning centers. School Board website: www.k12albemarle.org COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Innovation Fund Round 2 SUBJECT/PROPOSAL/REQUEST: Report on Round 2 of the County’s Innovation Fund STAFF CONTACT(S): Foley, Davis, Catlin, Wyatt PRESENTER (S): Lee Catlin LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board established the County’s Innovation Fund in the FY 14 Budget, dedicating $166,500 in one-time money to support the start-up of organizational initiatives that reduce costs and improve customer service and productivity. The first round of the Innovation Fund was completed in April, 2014, with nine projects selected for funding in the total amount of $86,989.51. The remaining $79,510.49 in FY 14 funding was reappropriated to the current fiscal year, and an additional $50,000 was allocated to the Innovation Fund in the FY 15 Budget, bringing the total available funding to $129,510.49. Round 2 of the Innovation Fund was completed in November 2014, with eight projects selected for funding in the total amount of $78,829.87. An appropriation request (Appropriation #2015070) is included as part of the January 7, 2015 FY15 Amendment and Appropriations Executive Summary to fund seven of the awarded projects in the total amount of $54,442.87. This executive summary provides an overview of the approved Round 2 projects. STRATEGIC PLAN: The Innovation Fund supports the County’s value of innovation. DISCUSSION: A cross-functional team of County employees came together to create the Innovation Fund Program following adoption of the FY 14 Budget, which made Innovation Fund Program funding available. Program guidelines were developed as outlined below, along with eligibility criteria and an application and review process. The Innovation Fund program encourages a spirit of entrepreneurship and creativity exemplified by the fact that one of the Round 1 projects, Technology Training Anytime, won 1st place in the Information Technology (IT) as Efficiency Driver – Government to Government category at the 17th annual Commonwealth of Virginia Innovation Technology Symposium (COVITS) last fall. The “Inventing Albemarle” Innovation Fund supports projects that:  yield a return on investment, may be measured in new ideas or relationships as well as new dollars  support an “innovation culture” in the organization  reduce operating costs/create capacity by freeing up employee time for more productive work  increase process efficiency, quality, and services that impact staff and/or customers  leverage technology, including automating/standardizing routine processes  improve customer experience – both internal and external  establish a competitive edge Accountability/Monitoring The applicants of the projects selected for funding were required to 1) provide a cost/benefit analysis, including expected return on investment (ROI)); 2) identify savings and/or avoided costs, as well as a means of measuring accountability and performance; and 3) provide an analysis of how the proposed project fits into the mission, values and strategic plan goals of the County and how it supports the County’s “ONE organization committed to excellence” philosophy. Quarterly progress reports are required for all funded projects to ensure that goals are being met. A full report on the status of Round 1 projects, including return on investment, will be provided during budget work sessions in February. AGENDA TITLE: Innovation Fund Round 2 January 7, 2015 Page 2 Round 2 Summary Twenty applications were submitted to the Innovation Fund for consideration in Round 2. Of those applications, the team approved eight for funding (list provided below) and determined that five did not meet the criteria for funding, three could be implemented without funding, and four were of interest but were not yet ready for funding. Full details on the approved projects are provided in Attachment A. Board approval of Appropriation #2015070 is being requested on January 7th to fund seven projects, and the remaining project is still being finalized for appropriation.  Diversity/Recruitment Video—Police Department  “What to Expect During Construction”—Office of Facilities Development  Digital Fire Simulator—Fire/Rescue  Paperless Plan Review Pilot—Community Development  Citizen Online Computer Station—Police Department  Automated Check-In—Social Services  Rapid Response Outreach—Social Services  Agenda Management System —Board of Supervisors (still being finalized for appropriation) BUDGET IMPACT: Total available funding for the Innovation Fund is $129,510.49. Awards for Round 2 of the Innovation Fund total $78,829.87, which will leave a balance of $50,680.62 in the Innovation Fund. RECOMMENDATIONS: This Executive Summary is for information only and no action is required by the Board. ATTACHMENTS: Attachment A – Innovation Fund Round 2 Summary of Approved Projects Return to agenda Project Dept Estimated $ Amount Description Diversity / Recruitment Video Police Department $15,000 Diversity recruitment video to assist County departments to seek out diverse candidates who would reflect county demographics. The police department particularly has struggled for many years in attracting minority applicants to the agency and its current strategies have had a minimal impact in this area. What to Expect During Construction Office of Facilities Development $2,625 "Hand-out” document on thick stock paper to improve communication between County staff and citizens that are working in or near a facility where construction work is taking place. This will support the BOS goal of a more transparent local government by letting customers know what to expect during construction. Digital Fire Training Simulator Fire/Rescue Dept. $19,426 Innovative training tool designed to allow for realistic fire training with minimal resources, allowing for high repetition of core skills. Fire Rescue has long struggled with providing realistic training for suppression personnel. This new technology provides a realistic, portable, and cost effective manner in which to simulate a real fire. Paperless Plan Review Pilot Community Development Dept. $4,872 Pilot program that will enable the Community Development Department to move toward a more efficient and better integrated records management system by taking steps to phase out paper plans from the review stream. The pilot will make use of a number of software programs and technology platforms to facilitate the exchange of information internally within the County and between the County and the applicant. These technologies will enable staff in various County divisions to annotate plans, share mark ups and review comments, compare revisions, and track an application’s review status, resulting in better coordination throughout the review process and improved customer service. Citizen Online Computer Station Police Department TBD Increase customer service by providing a public access computer and work station for the purpose of making an online police report. The ACPD has a need to provide quicker assistance to citizens who come to the Police Department to report minor incidents. The ability to report online is currently only available to persons with internet and their own computer. By adding a public access terminal the department can provide better customer service by allowing citizens to complete an online report themselves without having to wait for a patrol officer to drive in from out in the county. This also keeps officers on the street patrolling and responding to needs of the community. Innovation Fund – Round 2 Approved Projects Agenda Management System Board of Supervisors TBD Streamline the Board of Supervisors meeting agenda preparation, online posting and archiving processes by using a comprehensive software platform. The platform allows users to create agenda items, assign them to the appropriate agenda, send items through a work flow process for approvals and create a final agenda product that is ready to go online or to be uploaded to Board member ipads. This streamlined process will allow multiple users to work on the agenda simultaneously and will save a significant amount of time for Board Clerk staff and others throughout the organization. The software platform will also allow more sophisticated searching and retrieval of past items by both staff and the public, and will increase transparency and access to Board materials for the public. Automated Check-In Social Services Dept. $1,820 New technology to better control the flow of customers in the Social Services lobby. Wait times can be significant due to the number of customers and other meetings. An electronic check in system will improve wait times, provide for better privacy when having to interact with DSS specialists, and increased efficiency. This system will help support the department by using human resources more effectively and therefore improving the customer experience. Rapid Response Outreach for Social Services Social Services Dept. $7,600 Rapid response outreach capacity and capability to enable the Department to relate to its customers and stakeholders in new ways. Will increase visibility with under-served and hard-to-reach clients, many of whom are not aware of all the services that are available to them. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Courts Project Update SUBJECT/PROPOSAL/REQUEST: Update on the Courts Committee and approval of interim temporary solutions for space relief and security improvements in the Commonwealth’s Attorney’s Office STAFF CONTACT(S): Foley, Letteri, Davis, Henry PRESENTER (S): Bill Letteri, Trevor Henry LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: On July 1, 2014, the Board of Supervisors and City Council held a joint meeting to discuss mutual issues between the jurisdictions, including the pending courts project. The outcome of this joint meeting was the formation of a special committee that includes representation from the Board of Supervisors, City Council, and Courts Stakeholders to evaluate the challenges and opportunities associated with the expansion of the courts downtown (downtown development option), including the possibility of co-locating the general district court operations and finding reasonable parking solutions. On July 2, 2014, the Board directed staff to work with City staff on a Committee charge and to schedule a series of meetings for the Committee. On August 11, 2014, an organizational meeting of the Courts Committee was held. It was agreed that the formal members of the Committee would be Board Members Jane Dittmar and Ann Mallek, Mayor Satyendra Huja, City Councilor Robert Fenwick, County Executive Tom Foley, Deputy County Executive Bill Letteri, City Chief Operating Officer/Chief Financial Officer Aubrey Watts, City Manager Maurice Jones, Judge Downer, and Charlottesville Albemarle Bar Association Representative Paige Williams. Other potential participants, to include representatives of the Sheriff’s Office, the Public Defender’s Office, the Commonwealth’s Attorney’s and Clerk’s Offices, and the Circuit Court Judge, would be invited for their input. The following purpose statement was approved by the Committee: “To explore and resolve questions related to challenges, opportunities and collaboration associated with expanding the County’s courts in downtown Charlottesville. The Committee, to include elected officials from both jurisdictions, will engage in a series of discussions in an attempt to reach agreement on proposed terms and conditions under which the downtown court option might proceed. The Committee will make recommendations to the jurisdictions’ elected bodies for final consideration.” STRATEGIC PLAN: Operational Capacity: Ensure County Government’s ability to provide high quality service that achieves community priorities. DISCUSSION: Past studies and findings were reviewed by the Courts Comm ittee in order to gain a general knowledge and under- standing of the project history, current conditions of the courts, case load trends and projected future needs. The Committee also met with Courts Stakeholders to obtain their input and perspective on the Courts project. There was strong Stakeholder support for courts adjacency or co-location, as they believe the citizens benefit from courts and offices that are closer together. There was a consensus among the Courts Committee members to focus on the downtown option for the County, and to further study the potential of co-locating the City and County General District Courts at the existing Levy Building site, which is co-owned by the County and the City. The co-location concept would involve a cost sharing agreement between the County and the City. This concept was reviewed conceptually at the last Committee meeting. The Levy Building site, if selected, would include a shared, secure entrance, co-located and split General District Court Clerk’s offices, four court rooms (one for the City, two for the County and one for expansion), and the County’s Commonwealth’s Attorney’s Office space. The City indicated support for accommodating short-term parking needs and to study longer-term needs and solutions. On December 15, 2014, the City Council: 1) voted to support the continuation of the due diligence effort currently underway for co-locating the General District Courts at the Levy Building and further investigating interim solutions to AGENDA TITLE: Courts Project Update January 7, 2015 Page 2 provide immediate parking space relief to the courts operations; 2) adopted a Resolution appropriating $7,435.00 in the City’s Capital Improvement Program Contingency for one-half of the cost of the update of the General District Courts Feasibility Study; and 3) directed City staff to proceed to develop a short and long term parking availability study for the downtown courts area. County staff is preparing to contract with an Architect to update the 2010 Levy Building study to include validation of caseload assumptions, two building design concepts with massing models, and revised cost and schedule estimates. The Capital Improvement Project request for the Courts Project has been revised in this year’s CIP cycle to allow more time in the process to determine the potential of the co-location option and for a more realistic public engagement and approval process, pushing the start of construction out two years from the adopted CIP plan to July 2018. Due to the delay, it is staff’s recommendation to fund, in the interim, a modest expansion of the Commonwealth’s Attorney’s Office within the footprint of the existing Courts Annex building, and a limited reconfiguration of select, existing rooms within the footprint of the current office space from the existing project funding. The proposed space modifications are essential to maintain necessary staff support to the County’s judicial system by positioning key staff at strategic locations to better secure the offices as well as providing suitable office space for administrative staff and ensuring efficient placement of key courts files. The funding would also cover additional courts’ requests for interim storage and sound system upgrades while the larger Courts Project is being designed and executed. Staff will work closely with Courts Stakeholders to develop a plan that meets their interim needs but minimizes costs. BUDGET IMPACT: The total amount included in the approved CIP plan for the Courts Project is approximately $43 million over a 7-year period and is based on the Downtown Renovation/Expansion option. As stated above, the Court’s project has been revised in this year’s CIP cycle, pushing the start of construction out two years from the adopted CIP plan to July 2018. The total budget impact will be dependent upon which option the Board ultimately chooses to pursue and any revisions to those options, such as the co-location of the General District Courts. The City has identified $6.5 million in its CIP for its potential share of a relocated General District Court. The project currently has $2,462,683 appropriated. A separate appropriation request included as part of the FY15 Amendment and Appropriations Executive Summary (Appropriation #2015072) on the January 7th agenda seeks Board approval to re-allocate $150,000 of this existing funding towards the necessary security and office renovations needed to allow the Commonwealth’s Attorney’s Office to continue to support the Courts function, improve their existing entrance security, and cover future costs of storage for the Clerk’s office and a sound system upgrade for the Circuit Court. RECOMMENDATIONS: Staff recommends that the Board: 1) support the continuation of the Committee’s due diligence effort currently underway for co-locating the General District Courts at the Levy Building; and 2) approve the interim, temporary solutions to provide immediate space relief to the courts operations funded by Appropriation #2015072 included in the January 7, 2015 FY15 Amendment and Appropriations Executive Summary. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5843 Fax (434) 296-5800 MEMORANDUM TO: Members, Board of Supervisors FROM: Travis O. Morris, Senior Deputy Clerk DATE: December 2, 2014 RE: Board Member Committee Appointments Listed below are the names of Board member appointed committees that need appointments made at this time. Acquisitions of Conservation Easement (ACE) Committee – Board Liaison Term expires December 31, 2015 Currently serving: Ann Mallek Agricultural and Forestal Advisory Committee – Board Liaison Term expires December 31, 2015 Currently serving: Ann Mallek Audit Committee: Two appointments Term expires December 31, 2015 Currently serving: Jane Dittmar and Liz Palmer Charlottesville/Albemarle/UVA Planning and Coordination Council (PACC): Two appointments Term expires December 31, 2015 Currently serving: Diantha McKeel and Brad Sheffield CIP Oversight Committee: Two appointments Term expires December 31, 2015 Currently serving: Ann Mallek and Liz Palmer 2 Crozet Community Advisory Council – Board Liaison Term expires December 31, 2015 Currently serving: Ann Mallek Darden Towe Park Memorial Committee: Two appointments Term expires December 31, 2015 Currently serving: Ken Boyd and Brad Sheffield Fiscal Impact Advisory Committee – Board Liaison Term expires December 31, 2015 Currently serving: Ken Boyd Hazardous Materials Local Emergency Planning Committee Term expires December 31, 2015 Currently serving: Ken Boyd Historic Preservation Committee – Board Liaison Term expires December 31, 2015 Currently serving: Ann Mallek High Growth Coalition: Two appointments Term expires December 31, 2015 Currently serving: Ann Mallek and Brad Sheffield Jail Authority Board Term expires December 31, 2017 Currently serving: Ken Boyd Long Range Solid Waste Solutions Advisory Committee – Board Liaison Term expires December 31, 2015 Currently serving: Liz Palmer Pantops Community Advisory Council – Board Liaison Term expires December 31, 2015 Currently serving: Ken Boyd Piedmont Workforce Network Council Designee in absence of Chair – term expires December 31, 2015 Currently serving: Ann Mallek 3 Places 29 Community Advisory Council – Board Liaison Term expires December 31, 2015 Currently serving: Ken Boyd and Brad Sheffield Police Department Citizens Advisory Committee – Board Liaison Term expires December 31, 2015 Currently serving: Diantha McKeel Property Committee: Two appointments Term expires December 31, 2015 Currently serving: Ken Boyd and Brad Sheffield Village of Rivanna Community Advisory Council – Board Liaison Term expires December 31, 2015 Currently serving: Jane Dittmar Water Resources Advisory Committee – Board Liaison Term expires: December 31, 2015 Currently serving: Ann Mallek Workforce Investment Board – Board Liaison Term expires December 31, 2015 Currently serving: Jane Dittmar 1 BOARD MEMBER COMMITTEE APPOINTMENT TERMS Acquisitions of Conservation Easements (ACE) – Board Liaison  Annual appointment Agricultural and Forestal Advisory Committee – Board Liaison  Annual appointment Audit Committee  Annual appointment Charlottesville/Albemarle/UVA Planning and Coordination Council: Two members  Annual appointment CIP Oversight Committee: Two members  Annual appointment Crozet Community Advisory Committee – Board Liaison  Annual appointment Darden Towe Park Memorial Committee: Two members  Annual appointment Fiscal Impact Advisory Committee – Board Liaison  Annual appointment Hazardous Materials Local Emergency Planning Committee  Annual appointment Historic Preservation Committee – Board Liaison  Annual appointment High Growth Coalition: Two members  Annual appointment Jail Authority  Three year term (Boyd filling unexpired term of Dumler which ends December 31, 2014) *eligible to serve three full three year terms* 2 Long Range Solid Waste Solutions Advisory Committee – Board Liaison  Annual appointment Metropolitan Planning Organization (MPO): Two members  Term runs coincident with elected term of office or such shorter time as determined by Board Pantops Community Advisory Council – Board Liaison  Annual appointment Piedmont Workforce Network Council  Board Chair  Designee in absence of Chair – Annual appointment Places 29 Community Advisory Council – Board Liaison  Annual appointment Police Department Citizens Advisory Committee – Board Liaison  Annual appointment Property Committee: Two members  Annual appointment Rivanna River Basin Commission: Two members  Term runs coincident with elected term of office or such shorter time as determined by Board Rivanna Solid Waste Authority  Term runs coincident with elected term of office (Boyd term ends December 31, 2015) Rivanna Water and Sewer Authority  Term runs coincident with elected term of office (Boyd term ends December 31, 2015) Thomas Jefferson Planning District Commission (TJPDC): Two members  Term runs coincident with elected term of office or such shorter time as determined by Board Village of Rivanna Community Advisory Council – Board Liaison  Annual appointment Water Resources Funding Advisory Committee – Board Liaison 3  Annual appointment Workforce Investment Board – Board Liaison  Annual appointment For information only – The following non-profits are not appointed by the BOS; they are appointed by the non- profits:  LEAP Governance Board  Lewis & Clark Exploratory Center Board Memorandum ______________________________________________________________________________ TO: Members, Board of Supervisors FROM: Travis O. Morris, Senior Deputy Clerk DATE: December 18, 2014 SUBJECT: Boards and Commissions Vacancy and Reappointment List ______________________________________________________________________________ For information only please find attached an updated listing of vacancies for boards and commissions through December 18, 2014. Appointments that need to be made at this time are to the Agricultural and Forestal District Advisory Committee. Listed below are the names of individuals who wish to be appointed the respective committees: Agricultural and Forestal District Advisory Committee: Appointments (Three vancancies) Esther Volkan Frances Lee-Vandell MEMBER TERM EXPIRES NEW TERM EXPIRES WISH TO BE RE-APPOINTED? DISTRICT IF MAGISTERIAL APPOINTMENT ACE Appraisal Review Committee Ross Stevens 12/31/2014 12/31/2015 YES ACE Appraisal Review Committee Jean Lorber 12/31/2014 12/31/2015 waiting for response Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd Agricultural & Forestal District Advisory Council David van Roijen 4/17/2013 4/17/2017 Ineligible Agricultural & Forestal District Advisory Council Robin Mellen 4/17/2013 4/17/2017 Ineligible Agricultural & Forestal District Advisory Council Following applications received: Frances Lee-VandellEsther Volkan JAUNT Board Clifford Buys 9/30/2014 9/30/2017 No Advertised, No applications recv'd Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No Advertised, No applications recv'd Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned Natural Heritage Committee Brian Morse 9/30/2013 9/30/2017 waiting for response Pantops Community Advisory Council Rita Krenz 6/30/2013 6/30/2016 No Advertised, No applications recv'd Pantops Community Advisory Council Amy Preddy 6/30/2014 Resigned Places 29 Community Advisory Council George Larie 1/31/2016 Resigned Advertised, 2 applications recv'd Places 29 Community Advisory Council Following applications received: David Slutzky Fred Hudson Revised 12/18/2014 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Community Development Block Grant Program (CDBG) SUBJECT/PROPOSAL/REQUEST: Public hearing on availability of CDBG program funding and to receive input on community development and housing needs STAFF CONTACT(S): Foley, Walker, Davis, and White PRESENTER (S): Ron White LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Virginia Community Development Block Grant (VCDBG) is a federally-funded grant program administered by the Virginia Department of Housing and Community Development (DHCD). Since 1982, the DHCD has provided funding to eligible units of local government (non-entitlement communities only) for projects that address critical community needs including housing, infrastructure and economic development. Albemarle County has received numerous grants in previous years to support housing and community improvement initiatives. The VCDBG application process requires that two local public hearings be conducted. The purpose of the first public hearing is to provide information on eligible activities that may be funded by CDBG, the amount of funding estimated to be available and past activities undertaken with CDBG funds, and to receive public comment on this information and potential community development and housing needs. The follow-up public hearing is held in order to consider proposed project applications and must take place prior to the application due date in March 2012. Applications are to be submitted by the County to DHCD; however, the proposed activities may be undertaken by other agencies. STRATEGIC PLAN: Operational Capacity: Ensure County Government’s ability to provide high quality service that achieves community priorities. DISCUSSION: Albemarle County, as a non-entitlement community, is eligible to apply to DHCD for up to $1.8 million in CDBG funding for projects that benefit low- and moderate-income persons, prevent slums and blight, or address urgent community needs. Eligible activities include economic development, housing rehabilitation, housing production, community facilities and community service facilities. Community development projects can receive varying levels of funding, depending on the nature of the activity, or by combining multiple activities. DHCD estimates that approximately $9.8 million will be available for competitive grants in 2015 and $5,550,000 will be available for open submission applications. Over the years, Albemarle County has been successful in receiving a number of CDBG grant awards. The most recent grant was awarded in 2012 to fund the rehabilitation of twenty-four (24) homes in the Orchard Acres subdivision located in Crozet. Prior grants funded the installation of a sanitary sewer system and connection to 54 housing units in the Oak Hill Subdivision just south of the City off of 5th Street and the preservation and development of 134 affordable rental units, 38 of which are restricted to seniors at Crozet Meadows. Over the past 30 years, the County has received numerous CDBG grants to rehabilitate owner-occupied houses. The Office of Housing is currently working with the Albemarle Housing Improvement Program (AHIP) for a possible application for competitive CDBG funding for a housing rehabilitation project in southern Albemarle County. The Office is also working with the Albemarle County Service Authority to apply for open submission funding for a construction-ready sewer project for an additional twenty (20) units in the Oak Hill subdivision. AGENDA TITLE: Virginia Community Development Block Grant Program (CDBG) January 7, 2015 Page 2 For any project to be considered by the County for CDBG funding, the applicant must notify the Office of Housing no later than January 26, 2015. This notice shall include a brief description of the project, the proposed use of CDBG funds and a description of the beneficiaries of the proposed activity. A completed application that includes the proposed budget shall be submitted to the Office of Housing electronically by February 13, 2015, and the entire application, along with attachments, must be received by February 27, 2015. BUDGET IMPACT: There is no budgetary impact until an application is made to DHCD and approved for a funded project. Projects approved by CDBG generally require some level of local funding support, which may include funding provided by the project sponsor. RECOMMENDATIONS: Staff recommends that the Board receive information on available CDBG funding and eligible uses and hold the public hearing to receive input from the public on potential community development and housing needs. Staff also recomm ends that the Board set a public hearing on Wednesday, March 4, 2015 for the second required public hearing to review and approve the submission of any proposed applications. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 2015 Budget Amendment and Appropriations SUBJECT/PROPOSAL/REQUEST: Public Hearing on the Proposed FY 2015 Budget Amendment in the amount of $4,497,519.56 and approval of Budget Amendment and #2015063, #2015065, #2015066, #2015067, #2015068, #2015069, #2015070, #2015072 & #2015073 for local government and school division programs and projects STAFF CONTACT(S): Foley, Letteri, Davis, and Allshouse, L PRESENTER (S): Lori Allshouse LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The cumulative total of the FY 2015 appropriations itemized below is $4,497,519.56. Because the cumulative amount of the appropriations exceeds one percent of the currently adopted budget, a budget amendment public hearing is required. STRATEGIC PLAN: Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. DISCUSSION: The proposed increase of this FY 2015 Budget Amendment totals $4,497,519.55. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund $ 600,399.83 Special Revenue Funds $ 621,687.03 School Fund $ 50,000.00 School Special Revenue Funds $ 1,022,860.25 ECC $ 91,774.56 Capital Improvements Funds $ 2,010,797.89 TOTAL ESTIMATED EXPENDITURES – All Funds $ 4,497,519.56 ESTIMATED REVENUES Local Revenue $ (747,272.67) State Revenue $ 644,129.80 Federal Revenue $ 2,514,948.46 Bond Proceeds $ 16,364.75 Proffer Revenue $ 233,000.00 General Fund Balance $ 574,024.64 Other Fund Balances $ 1,162,324.58 TOTAL ESTIMATED REVENUES – All Funds $ 4,497,519.56 AGENDA TITLE: FY 2015 Budget Amendment and Appropriations January 7, 2015 Page 2 The budget amendment is comprised of thirty-eight (38) separate appropriations as follows, twenty-nine (29) of which have already been approved by the Board as indicated below: Approved October 1, 2014:  One (1) appropriation (#2015035) to re-appropriate $572,090.82 for various General Fund projects;  One (1) appropriation (#2015036) to re-appropriate $404,200.54 for various internal service funds, grants, donations, and seized asset accounts;  One (1) appropriation (#2015037) to appropriate $119,002.92 for various school division programs and projects;  One (1) appropriation (#2015038) to re-appropriate $170,748.46 for various Capital Improvement Program projects;  One (1) appropriation (#2015039) to appropriate $25,358.00 from the Training Pool to various departments for training and professional development. This appropriation did not increase the total County budget;  One (1) appropriation (#2015040) to appropriate $94,478.00 for a Fire/Rescue Prevention and Training grant;  One (1) appropriation (#2015041) to appropriate $172,187.00 to a Capital Improvement project from the Department of Environmental Quality. This appropriation did not increase the total County budget;  One (1) appropriation (#2015042) to appropriate $583,897.95 in funding for various General Government Capital Improvement Program projects;  One (1) appropriation (#2015043) to reduce the appropriation of funding for two School Division Capital Improvement Program projects ($53,126.52);  One (1) appropriation (#2015044) to appropriate $53,467.00 for various Police Department grants;  One (1) appropriation (#2015045) to appropriate $5,000.00 in donations to the Fire Rescue Department; and  One (1) appropriation (#2015046) to re-appropriate $7,489.00 for the Emergency Communications Center. Approved November 5, 2014:  Two (2) appropriations (#2015047 and #2015053) to appropriate $113,513.24 for various Capital Improvement Program projects; of which $83,513.24 did not increase the total County budget;  One (1) appropriation (#2015048) to appropriate $365,806.43 for various school division programs and projects;  One (1) appropriation (#2015049) to appropriate $2,000.00 in donations to the Fire Rescue Department;  One (1) appropriation (#2015050) to appropriate $25,452.00 in Federal revenue to the Emergency Communications Center;  One (1) appropriation (#2015051) to appropriate $10,000.00 in State revenue and $6,745.00 in Federal revenue to the Sheriff’s Office;  One (1) appropriation (#2015052) to re-appropriate $7,351.49 in Federal revenue to Fire Rescue Department;  One (1) appropriation (#2015054) to appropriate $2,309.00 in Federal revenue to the Department of Social Services;  One (1) appropriation (#2015055) to appropriate $2,535.00 in State revenue to the Police Department;  One (1) appropriation (#2015055) to appropriate $144,700.00 received from VDOT as compensation for the taking of a portion of the CATEC property to a special reserve account in the CIP for a one-time CATEC capital or capital maintenance project as requested by the joint CATEC Board. Approved December 10, 2014:  One (1) appropriation (#2015056) to appropriate $55,235.00 from the Reserve for Contingencies to Community Development for a Transportation Planner position. This appropriation did 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 did 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; AGENDA TITLE: FY 2015 Budget Amendment and Appropriations January 7, 2015 Page 3  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. The nine (9) appropriations requested for Board approval on January 7, 2015 are as follows:  One (1) appropriation (#2015063) to appropriate $1,134,578.00 for the Regional Firearms Training Center;  One (1) appropriation (#2015065) to appropriate $51,333.56 to the Emergency Communications Center;  One (1) appropriation (#2015066) to appropriate $5,000.00 for various school division programs and projects;  One (1) appropriation (#2015067) to appropriate $50,000.00 for anticipated school division donations;  One (1) appropriation (#2015068) to properly identify the revenue source within the School Fund budget pursuant to the School Fund fund balance policy;  One (1) appropriation (#2015069) to properly identify the revenue source for the Police Department’s Crisis Intervention Team (CIT);  One (1) appropriation (#2015070) to appropriate $54,442.87 from the Innovation Fund to various departments for Innovation Fund projects. This appropriation will not increase the total County budget;  Two (2) appropriations (#2015072 & #2015073) to appropriate $100,000.00 for various capital improvement projects. RECOMMENDATIONS: After the public hearing, staff recommends approval of the FY 2015 Budget Amendment in the amount of $4,497,519.56 and approval of #2015063, #2015065, #2015066, #2015067, #2015068, #2015069, #2015070, #2015072 and #2015073 for local government and school division programs and projects as described in Attachment A. ATTACHMENTS: Attachment A – Appropriation Descriptions Return to agenda 1 Appropriation #2015063 $1,134,578.00 Source: Local Non-Tax ($ 848,306.00) Federal $ 1,942,334.00 Borrowed Proceeds $ 40,550.00 As a result of the Board’s December 10, 2014 approval of the Regional Firearms Training Center Operational Agreement and the Ground Lease, this request is to appropriate a total of $1,134,578.00 from the following revenue sources to support the Regional Firearms Training Center project : (a) $40,550.00 in borrowed proceeds for a portion of the County’s share, and (b) $1,942,334.00 in federal revenue from the Abott Labs asset forfeiture funds received by the City and UVA. Additionally, this request is to reduce the currently appropriated partner shares from the City and UVA by $848,306.00 for a net appropriation of $1,094,028.00 in total partner shares from the City of Charlottesville and UVA. The shares are based on the funding formula and other capital considerations set forth in the Operational Agreement. This appropriation would increase the total amount of funding apropriated for this project from $4,865,422 to $6,000,000 pursuant to the Board’s approval on December 10th. The original cost of the project was based upon the conceptual work scope and totaled $4.9 million. On August 15, 2014, at an executive meeting with the fiscal management staff from the County, the City, and UVA , an agreement was reached to establish a not to exceed (NTE) total project budget of $6 Million. Appropriation #2015065 $ 51,333.56 Source: ECC Fund Balance $ 51,333.56 The Emergency Communications Center (ECC) requests that the County, acting as fiscal agent for the ECC, appropriate:  $39,174.00 from the ECC fund balance for a one-time 6-month extension of the current maintenance agreement covering license, hardware, and software of the Computer-Aided Dispatch (CAD) system. The extension is from January 1, 2015 through June 30, 2015. The ECC Management Board has approved this one-time payment out of fund balance. The July 2015 through December 2015 maintenance agreement costs will be added to the FY 16 ECC operational budget.  $12,159.56 from the ECC fund balance to increase the salary for the Assistant Emergency Management Coordinator position from January 1, 2015 through June 30, 2015. The ECC Management Board has approved this position being moved from a 20-hour part-time position to a 40-hour full-time position effective January 1, 2015. These additional one-time costs in FY 15 have been approved by the ECC Management Board and this increase will be included in the FY 16 Emerg ency Management budget. Appropriation #2015066 $5.000.00 Source: Federal Revenue $ 5,000.00 This request is to appropriate the School Division appropriation request approved by the School Board on November 6, 2014:  Carl Perkins Grant – This request is to appropriate $5,000.00 in increased Carl Perkins Grant funding that was received by the School Division in FY 15. This grant provides funds to increase focus on the academic achievement of career and technical education students and strengthen the c onnection between secondary and post-secondary education. Appropriation #2015067 $50.000.00 Source: Local Revenue (Donations) $ 50,000.00 On July 11, 2012, the Board approved streamlining the appropriation process for anticipated FY 13 School Fund revenue for grants, donations, and School Division Activity Funds. In FY 15, the School Division included an initial appropriation of $166,411.00 in anticipated donations. As of November 24, 2014, the School Division has received over $130,000.00 in donations and anticipates there will be additional donations through the remainder of the school year. This request is to appropriate an additional $50,000.00 in donation funding. Funds will not be expended until the revenues are actually received. 2 Appropriation #2015068 $0.00 This appropriation will not increase the County Budget. Source: School Fund Fund Balance ($ 211,237.00) Transfer from GF School Reserve Fund $ 211,237.00 This appropriation is to properly identify a revenue source within the School Fund budget. During the County’s audit process, the Finance Department determined that a correction was necessary to properly identify the revenue source for the School Division Reserve Fund pursuant to the adopted School Divison Fund Balance policy. Instead of budgeting the use of School Fund fund balance revenues directly in the School Fund, the fund balance funding should be appropriated to the School Fund from the School Reserve Fund. On March 13, 2013, the Board of Supervisors adopted a School Division Fund Balance policy. This policy states that “at the close of each fiscal year before the County’s audit is complete, all non -appropriated School Operating Fund fund balance will be transferred into the General Fund -School Reserve Fund. The Board of Supervisors will maintain in the General Fund-School Reserve Fund an amount not greater than 2% of the current year’s School Division adopted operating budget. These funds will be available for School Division purposes subject to appropriation by the Board of Supervisors. The Board of Supervisors will transfer any funds in excess of that 2% to the CIP on an annual basis unless otherwise determined by the Board of Supervisors.” In order to properly reflect this policy in the County’s Resolution of Appro priations, this request is to appropriate a transfer totaling $211,237.00 from the General Fund’s School Reserve Fund to the School Fund and to reduce the budgeted use of “School Fund” fund balance by $211,237.00. This is a change in protocol and does not affect the use of fund balance monies by the School Division. Appropriation #2015069 $0.00 Source: State ($ 275,858.90) Federal 275,858.90 Tthe County sometimes receives federal funding as pass-through funding from the State. This appropriation request is to change the identification of the revenue source of Asset Forfeiture funding awarded to the Police Department from “State” revenue to “Federal” revenue to correctly identify this funding source in the County’s financial records. This appropriation request would properly identify the revenue source for the funding that was originally budgeted in #2014084 on April 2, 2014 for the enhancement of the Police Department’s Crisis Intervention Team (CIT). The award has been received and the balance of the award was budgeted in the Police CIT fund. As a result of this adjustment, this decreases the current budgeted fund balance a nd expenditures by $275,858.90 in the Police Department’s State Asset Forfeiture Fund and appropriates the $275,858.90 fund balance revenues and expenditures into the Police Department’s Federal CIT Fund. The award supports “Train the Trainer” training, crisis negotiations training, travel for training, tasers, Crisis Intervention and Crisis Negotiations Teams’ cell phone consoles and a crisis negotiations response vehicle. This supports the Police Department’s ability to obtain training for the County’s officer’s in Crisis Intervention, provide tasers for officers in the field that do not currently have a taser, and provide enhanced capabilities of the Crisis Interventions and Negotiations Teams through cell phone consoles and a Team response vehicle. Appropriation #2015070 $0.00 This appropriation will not increase the County Budget. Source: Innovation Fund $ 54,442.87 This request is to appropriate a transfer of $54,442.87 from the Innovation Fund to various department operating budgets for the following Innovation Fund-sponsored projects:  Police – Diversity/Recruitment Video  Police – Citizen Online Computer Station  Fire/Rescue – Digital Fire Training Simulator  Social Services – Automated Check-In  Social Services – Information Delivery and Community Engagement  Community Development – Paperless Plan Review Project  Facilities Development – “What to Expect During Construction” citizen hand-out document The current balance in the Innovation Fund is $129,510.49. After this appropriation, $75,067.62 will remain in the 3 fund for future projects. Appropriation #2015072 $.00 This appropriation will not increase the County Budget. Source: Court Facilities Addition/Renovation $ 150,000.00 This request is to appropriate $150,000.00 in General Government Capital Fund fund balance and to equally reduce borrowed proceeds currently budgeted from the Court Facilities Additio n/Renovation Project to provide interim, temporary solutions (both design and construction) for immediate space relief and improved security to the courts operations. These interim measures are necessary due to the delay in the Court's capital project t o accommodate more time in the process to confirm the City’s commitment to the downtown location option and for a more realistic public engagement and approval process. The Courts Project has been revised in this year’s CIP cycle to push the start of construction out two years from the adopted CIP plan date of July 2016 to July 2018. The funding will provide for a modest expansion of the Commonwealth ’s Attorney’s Office within the footprint of the existing Courts Annex building, and limited reconfiguration of select, existing rooms within the footprint of the current office space. The proposed space modifications are essential to maintain necessary staff support to the County’s judicial system by positioning key staff at strategic locations to better secu re the offices as well as providing suitable office space for administrative staff and ensuring efficient placement of key courts files. Funding will also cover additional courts’ requests for interim storage and sound system upgrades while the larger Courts Project is being designed for execution once funding is available. Upon approval of this appropriation, the process to procure an architectural firm to provide design services will commence and the project is estimated to be completed in eight months. Appropriation #2015073 $100,000.00 Source: Proffer Revenue $ 100,000.00 This request is to appropriate a total of $100,000.00 to the Crozet Elementary School Sidewalk and Crossing Improvements Project. $52,586.96 of this appropriation would be provided by the various proffer revenues listed below: Liberty Hall $25,657.28 Wickham Pond $ 9,000.00 Wickham Pond II $13,500.00 Grayrock $ 946.98 Haden Place $ 2,430.98 Grayrock West $ 1,051.72 This request is also to appropriate $47,413.04 in Avinity proffer revenue to the Rio Road - Avon Street - US Route 250 West project and to appropriate the equivalent amount of funding currently appropriated in the Rio Road – Avon Street – US 250 West project to to the Crozet Elementary School Safe Routes to Schools (SRTS) Sidewalk and Crossing Improvements Project so that the sidewalk project will be fully funded. The following is provided for background information on this project: The Crozet Elementary School SRTS Sidewalk and Crossing Improvements Project is an active project currently supported by a Virginia Department of Transportation (VDOT) awarded Safe Routes to School (SRTS) Grant. The County initially bid the project in October 2013, however a "No Award" letter was issued in December 2013 because the low bid exceeded available funds primarily due to a significant and unanticipated waterline relocation. The low bid also exceeded the engineer's estimate by 10%, so VDOT required the project to be redesigned and rebid. The plans were redesigned so that the waterline relocation was avoided and other substantial cost saving changes suggested by the bidders were incorporated, then proffer revenues were appropriated to support the project. The project was re-advertised and bids opened in November 2014. The apparent low bid was $268,750 and exceeds available funds. The revised total project budget estimate based on the apparent low bid is $393,000. The difference between the 3 lowest bids was less than 1%, so the bids are represen tative of the current bidding climate and further redesign will not provide any substantial cost savings. Based on this information , a request has been submitted to VDOT to allow an "intent to award," even though the low bid was 10% higher than the construction estimate, and VDOT has approved the request. The Board's appropriation of the required additional funding is necessary to proceed with construction of the project 4 and to maintain the grant funding. If approved, an “intent to award” will be issued to the low bidder and the project will be constructed during the winter or early spring , depending on weather conditions. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to amend the County Code False Alarms Ordinance SUBJECT/PROPOSAL/REQUEST: Adoption of an ordinance to amend County Code Chapter 12, Article I, False Alarms STAFF CONTACT(S): Foley, Walker, Davis, Blair, Sellers, Jenkins, Wagner PRESENTER (S): Greg Jenkins LEGAL REVIEW: Yes AGENDA DATE: January 7, 2015 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: On August 3, 2011, the Board of Supervisors adopted the current False Alarms Ordinance. After three years of administering this Ordinance, the Albemarle County Police Department (ACPD) is recommending amendments to the Ordinance as set forth below. STRATEGIC PLAN: Operational Capacity: Ensure County government’s ability to provide high quality service that achieves community priorities. DISCUSSION: Staff has prepared a draft ordinance (Attachment A) to amend County Code Chapter 12, Regulated Enterprises, Article I, False alarms. The proposed ordinance would:  Amend the definition of “False alarm” in § 12-101. Currently the definition of “false alarm” states that “False alarms shall not include any alarms determined…to have been triggered by…activity unauthorized by the alarm system user or activity outside the control of the alarm system user.” The ACPD receives a number of appeals from homeowners who cite weather or high winds as “activity unauthorized by the alarm system user or activity outside the control of the alarm system user.” The ACPD recommends amending the definition of “false alarm” by deleting the language “activity unauthorized by the alarm system user or activity outside the control of the alarm system user” from the list of alarms that do not constitute a false alarm due to the ambiguity of the terms. However, the ACPD recommends amending the definition to provide that weather- related events triggering an alarm do not constitute a false alarm. A weather-related event is defined as “an event caused by weather conditions that results in either a) a disruption of electrical service to the building for four (4) consecutive hours or longer; or (b) damage to the building that would activate the alarm. The four-hour threshold is based on the typical time that a back-up battery provides electricity, preventing a false alarm from being triggered.  Amend § 12-102 to require that written notices issued by the ACPD to unregistered alarm system users be mailed to the physical address of the dwelling where the alarm system is located and to the address of the owner listed in the real estate tax assessment records of the County unless the physical address and the owner’s address listed in the tax assessment records are the same. This would establish a notice procedure for incidents in which the alarm system user is not present to receive the notice at the site of the call.  Amend § 12-102 to eliminate the $300.00 service fee for third and subsequent responses to an unregistered alarm system. Over the past three years, the ACPD has not found the higher fee for third and subsequent responses to be a deterrent. Because the false alarms ordinance is meant to be an enforcement tool rather than a revenue enhancement mechanism, the ACPD recommends charging a $150.00 service fee for all unregistered alarm responses, including second and subsequent responses. AGENDA TITLE: Proposed Ordinance to amend the County Code False Alarms Ordinance January 7, 2015 Page 2  Amend § 12-104 to increase the amount of time that an individual has to pay a false alarm service fee from thirty to ninety days. The ACPD often responds to false alarms in which the alarm system owner is out of town for an extended period of time. Allowing the alarm system user more time to pay the service fee would make the process more efficient. It would result in more alarm system users making their payments timely, eliminating the need for staff to follow up with those system users.  Amend § 12-104 to eliminate the assessment of a delinquent payment fee equal to the original fee of a false alarm when a service fee is not paid on time. The ACPD has found that the delinquent payment fee has not been a deterrent to subsequent false alarms.  Amend § 12-108 to eliminate the requirement that an appeal of a false alarm notice be on a form provided by the ACPD. The ACPD receives a number of such appeals, and those appeals have been processed as a courtesy to the citizens. This would clarify the current process of the ACPD and provide a simpler process for citizens to note appeals.  Amend § 12-108 to increase the amount of time an alarm system user has to submit an appeal to the chief of police, the fire and rescue chief and the county executive from ten days to thirty days. This would provide more time for citizens to decide whether to file an appeal. The Department of Fire Rescue (FR) rarely responds to false fire alarms and has never issued a notice. FR staff have reviewed this Executive Summary and the draft ordinance and agree with the recommendations. BUDGET IMPACT: Please see the chart below for the budget impact if the Board adopts the attached ordinance based on FY14 false alarm fees collected: Fees Collected County’s Revenue (78.5% of fees collected) 3rd, subse- quent non-reg fees Delin- quent fees Total of both fees Total of all fees 3rd, subse- quent non-reg fees Delinquent fees Total of both fees Total of all fees FY14 $8,100 $38,705 $46,805 $177,007 $6,358.50 $30,383.43 $36,741.93 $138,950 FY14 w/ changes $4,050 -0- $ 4,050 $134,252 $3,179.25 -0- $ 3,179.25 $105,387 $ Reduction $4,050 $38,705 $42,755 $ 42,755 $3,179.25 $30,383.43 $33,562.68 $ 33,563 % Reduction 50% 100% 24.15% 50% 100% 24.15% The County retains a private vendor to collect false alarm fees and pays the vendor 21.5% of the fees collected by it. If the Board adopts the attached ordinance, based on the FY14 false alarm fees collected, there would be a $33,563.00 reduction in overall County revenues generated by false alarm fees per year, or a 24.15% reduction. However, staff believes these changes will significantly improve the process and reduce staff time spent enforcing the ordinance. RECOMMENDATIONS: Staff recommends that, after the public hearing, the Board adopt the attached proposed Ordinance (Attachment A). ATTACHMENTS: A—Draft ordinance Return to agenda Draft: December 16, 2014 1 ORDINANCE NO. 14-12(1) AN ORDINANCE TO AMEND CHAPTER 12, REGULATED ENTERPRISES, ARTICLE I, FALSE ALARMS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 12, Regulated Enterprises, Article I, False Alarms, is hereby amended and reordained as follows: By Amending: Sec. 12-101 Definitions Sec. 12-102 Registration of alarm systems designed to seek a police response Sec. 12-104 False alarms prohibited; service fees Sec. 12-108 Appeals CHAPTER 12. REGULATED ENTERPRISES ARTICLE I. FALSE ALARMS Sec. 12-100 Purpose. The board hereby finds that malfunctioning alarm systems, and the false alarms associated with them, constitute a hazard to public safety personnel and to the public in general. The regulation of alarm systems and false alarms is necessary to promote the health, safety and welfare of county citizens. False alerts of intrusions or robberies increase the county’s public safety costs, divert public safety resources from other critical areas of work, and burden the Charlottesville-U.Va.-Albemarle Emergency Communications Center. In order to preserve the integrity and efficiency of the c ounty’s police and fire and rescue emergency services, those who utilize automatic alarm systems must be required to maintain those systems in good working order and to promptly repair any defects which may cause those systems to trigger false alarms. Sec. 12-101 Definitions. For the purposes of this article and, unless otherwise required by the context, the following words and terms shall have the meanings respectively ascribed to them by this section: Alarm system means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which a police or fire and rescue response is expected. Alarm system user means: (1) any person or entity owning or leasing an alarm system; or (2) any person or entity owning or leasing the premises on which such alarm system is maintained. An “alarm system user” shall not include the United States, the Commonwealth of Virginia, or their respective agencies or political subdivisions. Automatic dialing device means any device, system or equipment that automatically transmits over telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation to which a police, fire, or emergency medical services response is expected. Emergency communications center means the regional 911 center known as the Charlottesville- U.Va.-Albemarle Emergency Communications Center. False alarm means an alarm that causes a police or fire and rescue response when there is no actual or threatened criminal activity, fire, or other emergency requiring an immediate police or fire and rescue response. False alarms shall include, but not be limited to: negligently or accidentally activated signals; signals which are the result of faulty, malfunctioning or improperly installed or maintained equipment; signals which are purposefully activated to summon a police or fire and rescue response in nonemergency situations; and alarms for which the actual cause is not determined. False alarms shall not include any alarms caused by failure of the equipment at the emergency communications center, or any alarms determined by the responding police or fire and rescue officer to have been triggered by criminal Draft: December 16, 2014 2 activity, activity unauthorized by the alarm system user, or activity outside the control of the alarm system user or any alarms caused by a weather-related event. “Weather-related event” shall mean an event caused by weather conditions that results in either a) a disruption of electrical service to the building for four (4) consecutive hours or longer; or b) damage to the building that would activate the alarm. (Ord. of 4-17-91; Code 1988, § 2.2-1; Ord. 98-A(1), 8-5-98; § 12-100) State law reference--Va. Code §15.2-911 Sec. 12-102 Registration of alarm systems designed to seek a police response. A. General Requirements. Prior to installing, using or maintaining on any premises within the county an alarm system which is designed to seek a police response, an alarm system user shall register such alarm system by providing the following information, using forms provided by the county, to the chief of police or his designee: 1. The street address of the premises at which the alarm system is to be installed or used (the “premises”); the name, mailing address and telephone number of the owner and lessee, if any, of such premises; and the name and mailing address of an individual (alarm user or designee of the alarm user) to whom notices regarding the alarm system may be sent; and 2. The names, street addresses and telephone numbers of at least two (2) individuals who will have day-to-day responsibility for the premises and alarm system, who will be immediately available to be contacted in the event an alarm is activated, and who are authorized and able to deactivate the alarm system; and 3. A description of the specific type of alarm system, manufacturer’s name, and the name and telephone number of the alarm company monitoring, responding to or maintaining the alarm system; and 4. If registering an alarm system that has been disconnected or disabled following a notice to disconnect or disabled issued pursuant to §12-103, documentation that the alarm system has been repaired or passed inspection by an individual or entity qualified to repair or inspect alarm systems. B. Changes in Alarm System Registration Information. Whenever any registration information provided by an alarm system user pursuant to subsection A changes, the alarm system user shall provide correct, updated information to the chief of police or his designee within ten (10) business days of the change. When an individual or entity takes possession of premises equipped with an activated alarm system, the individual or entity must provide updated registration information within ten (10) business days of taking possession as required by subsection A. C. Failure to Register Alarm System. Upon the first police response to an unregistered alarm system in response to a signal issued by the alarm system, the chief of police or his designee shall issue a written notice to the alarm system user that the alarm system must be registered. This notice shall be mailed to the physical address of the dwelling where the alarm system is located and to the address of the owner listed in the real estate tax assessment records of the County. If the physical address of the alarm system user is the same as the address of the owner listed in the real estate tax assessment records of the County, then only one notice shall be mailed. The alarm system user shall be assessed a service fee in the amount of $150.00. The fee for the first offense may be waived if the alarm system user files an appeal pursuant to section 12-108, and presents satisfactory evidence that the alarm system has been registered. Upon the second or subsequent police response caused by an unregistered alarm system, the alarm system user shall be assessed a service fee in the amount of $150. On the third or subsequent such response, the alarm system user shall be assessed a service fee in the amount of $300. D. Registration of an alarm system shall not create a contract, duty or obligation, either express or implied, for police to respond. Any and all liability and consequential damage resulting from the failure to respond to a notification from an alarm system is hereby disclaimed. By registering an alarm system, the alarm system user acknowledges that police responses may be based on factors such as Draft: December 16, 2014 3 the availability of responding units, staffing levels, priority of pending requests for services, weather conditions, traffic conditions and other emergency conditions. Sec. 12-103 Maintenance of alarm systems required; disconnection of alarm systems. A. Maintenance of alarm systems. Alarm system users shall maintain their alarm systems in good working order. Because alarm systems that generate multiple false alarms within a short period of time may be malfunctioning, the chief of police or his designee and the fire and rescue chief or his designee shall have the discretion to suspend responses to an alarm system after the second false alarm generated within a twenty-four (24) hour period; such suspension shall last for the remainder of the twenty-four hour period. B. Disconnection of alarm systems. An alarm system user shall disconnect or disable any alarm system upon a written determination and notice by the chief of police or his designee or by the fire and rescue chief or his designee that the installation, use, operation and/or maintenance of the alarm system would constitute an unreasonable burden on police or fire and rescue resources. Any alarm system which generates eight (8) or more false alarms within any four (4) day period shall be deemed an unreasonable burden on police or fire and rescue resources. An alarm system user required to disconnect or disable an alarm system shall be entitled to register a new or repaired alarm system at any time in accordance with §12-102. Sec. 12-104 False alarms prohibited; service fees. A. Prohibition. No alarm system user or other person shall send or activate a false alarm that causes a police or fire-and rescue response where there is no actual or threatened crime, fire, or other emergency requiring an immediate police or fire and rescue response. Violations of this section shall result in the assessment of service fees as provided below. B. Service fee amounts. Alarm system users shall pay a service fee for false alarms within thirty (30) ninety (90) days of billing. The service fee shall be assessed for each false alarm during any twelve (12) month period as follows: 1. First false alarm: No charge 2. Second false alarm: No charge 3. Third false alarm: $100 4. Fourth false alarm: $150 5. Fifth false alarm: $200 6. Sixth and subsequent false alarms: $300 C. Service fee assessments. The county shall cause alarm system users to be billed for false alarms in accordance with the above schedule of service fees. All fees shall be paid within thirty (30) ninety (90) days of billing. Failure to pay a service fee within thirty (30) ninety (90) days of billing shall result in the assessment of a delinquent payment fee in an amount equal to the original f ee and the initiation of civil action, as necessary, for the recovery of the unpaid fee. (Ord. of 4-17-91; Code 1988, § 2.2-4; Ord. 98-A(1), 8-5-98, § 12-101) State law reference--Va. Code § 15.2-911. Sec. 12-105 Deliberate false alarms a criminal offense. It shall be a class 1 misdemeanor for any person to knowingly and without just cause to activate an alarm system to summon a police or fire and rescue response where there is no actual or threatened criminal activity, fire, or other emergency that required an immediate police or fire and rescue response. Draft: December 16, 2014 4 (Ord. of 4-17-91; Code 1988, § 2.2-2; Ord. 98-A(1), 8-5-98, § 12-102) State law reference--Va. Code § 27-97; false alarms,§18.2-212, 18.2-461 Sec. 12-106 Automatic dialing devices prohibited; penalty. No person or entity shall install, use, or maintain on any premises within the county any automatic dialing device which delivers, or causes to be delivered, any prerecorded voice message or coded signal to the emergency communications center or any department of the county. Violations of this section shall constitute a class 4 misdemeanor. Sec. 12-107 Administration. The chief of police, the fire and rescue chief, in coordination with the director of finance, shall have joint responsibility for administering this article under the supervision of the county executive. (Ord. of 4-17-91; Code 1988, § 2.2-5; Ord. 98-A(1), 8-5-98, § 12-104) Sec. 12-108 Appeals. A. Appeals for Alarms Requiring a Police Response. Any fee imposed by the police department pursuant to this article or notice to disconnect or disable an alarm system may be appealed in writing to the chief of police, using forms provided by the police department, within ten (10) thirty (30) days of the date of notice of such fee or decision. Upon receipt of such appeal, the chief of police or his designee may grant relief from the fee or notice or affirm the fee or notice. Should the fee or notice be affirmed, the alarm system user may appeal the decision of the chief of police or his designee to the county executive by filing a written appeal within ten (10) thirty (30) days of the date of the decision. Upon receipt of such appeal, the county executive or his designee may grant relief fro m the fee or notice, or affirm the fee or notice. The decision of the county executive or his designee is final. B. Appeals for Alarms Requiring a Fire and Rescue Response. Any fee imposed by the county department of fire and rescue pursuant to this article may be appealed in writing to the fire and rescue chief, using forms provided by the department, within ten (10) thirty (30) days of the date of notice of such fee. Upon receipt of such appeal, the chief or his designee may grant relief from the fee, or affirm the fee. Should the fee be affirmed, the alarm system user may appeal the decision of the chief or his designee to the county executive by filing a written appeal within ten (10) thirty (30) days of the date of the decision. Upon receipt of such appeal, the county executive or his designee may grant relief from the fee or affirm the fee. The decision of the county executive or his designee is final. (Ord. of 4-17-91; Code 1988, § 2.2-6; Ord. 98-A(1), 8-5-98, § 12-105) I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________. __________________________________ Clerk, Board of County Supervisors Aye Nay Mr. Boyd ____ ____ Ms. Dittmar ____ ____ Ms. Mallek ____ ____ Ms. McKeel ____ ____ Ms. Palmer ____ ____ Mr. Sheffield ____ ____