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Home My WebLink About2007-10-03 BOARD OF SUPERVISORS TENTATIVE OCTOBER 3, 2007 LANE AUDITORIUM COUNTY OFFICE BUILDING 1 . Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. From the Board: Matters Not Listed on the Agenda. 5. From the Public: Matters Not Listed for Public Hearing on the Agenda. 6. Consent Agenda (on next sheet). 7. 9:30 a.m. - Board-to-Board, Monthly Communications Report from School Board, School Board Chairman. 8. 9:45 a.m. - Transportation Matters: a. Primary Road Plan Priorities. b. Advance Mills Bridge Update. c. VDOT Monthly Report. d. Transportation Matters not Listed on the Agenda. 9. 10:45 a.m. - Overview of Jail Programs, Colonel Ronald Matthews. 10. 11 :00 a.m. - Case Study (Avon Park) on Affordable Housing Proffer Policy, Presentation by Jamie Spence. 11. 11 :45 a.m. - Thomas Jefferson Planning District Commission Legislative Program, David Blount. 12. 12:00 noon - CIP Process Overview. 13. 12:30 p.m. - Closed Session. 14. Certify Closed Session. 15. Appointments. 2:00 p.m. - Public Hearinas: 16. 2008 Budget Amendment. 17. ZT A.2005.009 Densitv Bonus for Affordable Housina. Amend Sections 3.1, Definitions; 12.4.3, Low and Moderate Cost Housing; 13.4.3, Low and Moderate Cost Housing; 14.4.3, Low and Moderate Cost Housing; 15.4.3, Low and Moderate Cost Housing; 16.4.3, Low and Moderate Cost Housing; 17.4.3 Low and Moderate Cost Housing and 18.4.3, Low and Moderate Cost Housing of Chapter 18, Zoning, of the Albemarle County Code. This ordinance would amend Section 3.1 to add a definition of "affordable housing" and would amend the density bonus regulations for affordable housing in the VR, R-1, R-2, R-4, R-6, R-10 and R-15 zoning districts by changing the references to such housing from "low and moderate cost housing" to "affordable housing," by reducing the percentage of bonus units required to be affordable from 100% to 50% of the allowed bonus density, by increasing the period during which rental units must remain affordable from 5 to 10 years, and by establishing the minimum requirements for qualifying prospective purchasers and renters and the terms and conditions of the affordable rental period. 18. Finance Tax Ordinances: a. To amend Chapter 1. General Provisions. of the Albemarle County Code to increase the penalty from twenty dollars ($20.00) to thirty-five dollars ($35.00) if a check or other means of payment made to the County or any agency thereof is not paid by the financial institution on which it is drawn. The proposed effective date of this ordinance is January 1, 2008. b. To amend Chapter 8. Licenses. of the Albemarle County Code to clarify that amounts received for motor fuels tax are exempt from gross receipts for purposes of the business, professional, and occupational license (BPOL) tax, to revise license provisions for bondsmen, to eliminate the requirement that small loan companies be subject to a license tax of two hundred dollars ($200.00), and to cap gross receipts on fuel sales by gasoline retailers for purposes of their business, professional, and occupational license (BPOL) tax. The proposed effective date of this ordinance is January 1, 2008. c. To amend Chapter 9. Motor Vehicles and Traffic. of the Albemarle County Code to exempt a public service company having a fleet of at least 2,500 vehicles garaged in the Commonwealth from being required to display a local motor vehicle decal or sticker. d. To amend Chapter 15. Taxation. of the Albemarle County Code to decrease the maximum penalty for the late remittance of transient occupancy tax from 30% to 25% or the amount of the tax, whichever is less; to decrease the maximum penalty for failure or refusal to file a required transient occupancy tax return to 10% of the tax assessable or $10.00, whichever is greater; to make unlawful and punishable as a misdemeanor any willful failure or refusal to file any required transient occupancy tax return; to decrease the maximum penalty for the late remittance of food and beverage tax from 30% to 25% or the amount of the tax, whichever is less; to decrease the maximum penalty for failure or refusal to file a required food and beverage tax return to 10% of the tax assessable or $10.00, whichever is greater; to make unlawful and punishable as a misdemeanor any willful failure or refusal to file any required food and beverage tax return; and to exclude from being subject to the food and beverage tax any amount paid by a purchaser as a mandatory gratuity or service charge added by a restaurant in addition to the sales price to the extent that such mandatory gratuity or service charge does not exceed 20% of the sales price. The proposed effective date of this ordinance is January 1 , 2008. 19. To amend Chapter 15. Taxation. of the Albemarle County Code to adjust the eligibility requirements for tax relief under Article VII, Real Estate Tax Exemption for Certain Elderly and Disabled Persons. Specifically, the proposed ordinance amends Section 15-702, Definitions, to increase the acreage excluded from a taxpayer's net worth from five to ten acres; amends Section 15-704, Persons Eligible for Exemption, to increase the total combined income eligibility limit for taxpayers from $50,000 to $69,452 and the net combined financial worth eligibility limit for taxpayers from $125,000 to $200,000; and amends Section 15-705, Amount of Exemption, by increasing the percentage of real estate tax exempted based upon the amended total combined income and net combined financial worth factors. The proposed effective date of this ordinance is January 1, 2008. 20. From the Board: Committee Reports. a. Voting Credentials for VACo Annual Business Meeting. 21. Adjourn to October 10, 2007, 2:30 p.m. CONSENT AGENDA FOR APPROVAL: 6.1 Approval of Minutes: November 1, 2006; April 4 and June 20,2007. 6.2 FY 2007 Appropriations. 6.3 Resolution to accept roads in Chesterfield Subdivision into the State Secondary System of Highways. 6.4 Petty Cash Resolution to Add a Petty Cash Fund for Hollymead Fire Station. 6.5 FY 2007 End-of-Year Preliminary Financial Report. 6.6 Cancel public hearing to grant water line easement to the Albemarle County Service Authority across property owned by the County located on Tax Map Parcel 045B1 necessary for the replacement of a water line along Clarke Lane in the Woodbrook Subdivision. FOR INFORMATION: 6.7 Proffer Management - First Quarterly Proffer Report-Cash Proffer Activity. 6.8 Copy of 2007 Statement of Assessed Values for Local Tax Purposes for Railroads and Interstate Pipeline Transmission Companies as prepared by the Department of Taxation. 6.9 Copy of certified 2007 Statements of Assessed Values for electric, gas, telecommunications and water companies for Albemarle County, including listing of Motor Vehicle Carrier companies subject to annual Rolling Stock Tax for 2007, as prepared by the State Corporation Commission, Public Service Taxation Division. 6.10 Copy of letter dated September 11,2007, from Ronald L. Higgins, AICP, Manager of Zoning Administration, to Lawrence J. Martin, Trustee, BMC Land Trust, re: OFFICIAL DETERMINA TION OF DEVELOPMENT RIGHTS-- Tax Map 30, Parcel 10 (one tax parcel that is composed of two parcels of record- Property of BMC Land Trust) Section 10.3.1. - White Hall Magisterial District. 6.11 Copy of letter dated September 11, 2007, from Ronald L. Higgins, AICP, Manager of Zoning Administration, to Yellow Mountain LLC, re: OFFICIAL DETERMINA TION OF DEVELOPMENT RIGHTS -- Tax Map 70, Parcels 31, 32A & 32B (Property of Yellow Mountain LLC) Section 10.3.1. - White Hall Magisterial District. 6.12 Copy of minutes of the Albemarle County Service Authority for April 19, May 24, June 21 and July 19, 2007. ACTIONS Board of Supervisors Meetina of October 3, 2007 October 12, 2007 AGENDA ITEMIACTION ASSIGNMENT 1. Call to Order. . Meeting was called to order at 9:03 a.m., by the Chairman, Mr. Boyd. All BOS members were present. Also present were Bob Tucker, Larry Davis, and Ella Jordan. 4. From the Board: Matters Not Listed on the Agenda. Sallv Thomas: . Suggested the Board consider allowing public comments at its work sessions to allow input during the process instead of only at the public hearing. Lindsav Dorrier: . Suggested a committee be appointed to provide input into the Rivanna Master Planning process. David Benish commented that the Commission agreed that an advisory committee would be beneficial durina the oublic inout orocess. 5. From the Public: Matters not Listed on the Agenda. . The following individuals representing landscaping and irrigation businesses spoke regarding the hardship the water restrictions are having on their businesses: . Mark Harris . Tom Oakley . Tim Reese . Bruce Baxter . Bob Freeman . Kenny Shiflett . Duane Snow . Carol Church . Dale Dudley . Scott Price . Corbin Snow . Norm Carlson . Lynn O'Donnell . Lesley Sewell . Jeff Werner expressed concern for the above business owners, but reiterated that the community is in a drought and not much can be done other than the residents doing their part to cut back on water usage. . John Martin discussed the water supply problem, and the need to reexamine the relationship between the elected government and the Rivanna Water and Sewer Authority and the Albemarle County Service Authority. . June Comer, a resident of Batesville, spoke about traffic concerns in Batesville - speeding in a 25 mph zone and the intersection of Plank Road and Miller School Road. . Cliff Fox discussed a orooosed qreenwav 6.2 segment to Crozet Park through the Daily Family property. He stated that the Daily's will agree to a temporary license agreement if the County agrees to relinquish its right to eminent domain any of their land for the greenway. He asked the Board if they could find a way to relinquish its right to any eminent domain action on the Daily property as it relates to the greenwav. Requested FY 2007 Budget Appropriation. · APPROVED FY 2007 Appropriation #2007092. 6.3 Resolution to accept roads in Chesterfield Subdivision into the State Secondary System of Highways. . ADOPTED. Petty Cash Resolution to Add a Petty Cash Fund for Hollymead Fire Station. . ADOPTED. FY 2007 End-of-Year Preliminary Financial Report. · ACCEPTED the Preliminary June 30, 2007 End-of-Year Financial Report; and APPROVED the CIP transfer pending final audited financial results of ooerations as recommended bv staff. Cancel public hearing to grant water line easement to the Albemarle County Service Authority across property owned by the County located on Tax Map Parcel 045B1 necessary for the replacement of a water line along Clarke Lane in the Wood brook Subdivision. . CANCELLED oublic hearing. Board-to-Board, Monthly Communications Report from School Board, School Board Chairman. . RECEIVED. Primary Road Plan Priorities. · Requested staff develop a list of bridges that are in need of repairlreplacement and develop criteria for how to rate the projects. · Ken Boyd said he or another Board member would attend the November 1 VDOT hearing in Culpeper and present the statement on behalf of Albemarle County. · Board members made the following typographical corrections: · On page 1, under "I", there are two number 1 'so · Attachment B, under "I", Item 2b, midway in the paragraph, the sentence reading "This new third lane section,..." describes the Town Center improvements, and needs to be moved to follow the sentence ending in "... Hollymead Town Center." The word "was" should be "were". · Attachment B, under "III", Item 4, reference to "1.4.e", should be "1.4(a)". Advance Mills Bridge Update. · Mr. Sumpter provided update. Citizen information meetino reoardino alignments of the 6.4 6.5 6.6 7. 8a. 8b. 2 Clerk: Forward copy of signed appropriation form to OMB, Finance and appropriate individuals. Clerk: Forward resolution and signed AM-4.3 Form to Greg Cooley. (Attachment 1) Clerk: Forward copy of signed resolution to OMB, Finance and County Attorney's office. (Attachment 2) OMB/Finance: Proceed as approved. David Benish/Juan Wade: Make changes and forward to Board members for their information. permanent bridge is scheduled for October 11, 5:00 p.m. - 7:00 p.m. at Spring Hill Baptist Church on Fravs Mill Road. 8c. VDOT Monthly Report. Clerk: Forward comments to VDOT. . RECEIVED. . Allan Sumpter said Mr. Dean Gustafson, VDOT's Regional Operations Director for traffic engineering issues, cannot attend the November Board meeting; will need to reschedule to December. . VDOT has begun mobilization of their crews to begin work on the Gilbert Station Road rural rustic road project. . Regarding the Broomley Road Bridge, he has asked that they begin the aerial surveys so that VDOT can better gauge some of the potential impacts to the connector roads on the far side of the bridge. Mr. Rooker suggested negotiating with the railroads to try to get contributions from them on a case-by-case basis in an attempt to accelerate individual bridge projects. . Mr. Sumpter updated the Board on VDOT plans to address the issues raised by Ms. Comer earlier in the meeting. He noted that they will first try to address the problem through signage. . Mr. Sumpter commented that the calls they have been receiving about dust and wash boarding are a result of the drought. 8d. Transportation Matters not Listed on the Agenda. Lindsav Dorrier . Asked about repaving of roads in Lake Clerk: Forward comments to VDOT. Reynovia Subdivision. Residents have expressed concerns that the surface is rough, not smooth. Mr. Sumpter commented that the surface is in a curing phase. He will provide additional information to Mr. Dorrier. . Asked if a crosswalk could be installed on Avon Street at Cale Elementary School. Mr. Sumpter said VDOT will take a look at it. David Slutzkv: . Asked VDOT to look at the lines drawn on Rio Road going down the hill on the east side; they are not straioht. 9. Overview of Jail Programs, Colonel Ronald Matthews. . RECEIVED. 10. Case Study (Avon Park) on Affordable Housing Proffer Policy, presentation by Jamie Spence. . RECEIVED. 11. Thomas Jefferson Planning District Commission Andv Bowman: Proceed as approved. Legislative Program, David Blount. . APPROVED draft 2008 T JPDC Legislative Program with the understanding that suggested changes from the Board will be reflected in final version of orogram. 12. CIP Process Overview. . SUPPORTED current CIP process and calendar. 3 13. Closed Session. . At 12:36 p.m., the Board went into closed session pursuant to Section 2.2-3711 (A) of the Code of Virginia to under Subsection (1) consider appointments to boards, committees, and commissions; under Subsection (3) to consider two matters relating to the acquisition of real property necessary to provide access to a park facility; under Subsection (7) to consult with legal counsel and staff regarding specific matters requiring legal advice relating to an interjurisdictional agreement; and under Subsection (7) to consult with legal counsel regarding probable litigation relating to courthouse facilities. 14. Certify Closed Session. . At 2:07 p.m., the Board reconvened into open session and certified the closed session. 15. Appointments. Clerk: Prepare appointment/reappointment . APPOINTED William Daggett to the letters, update Boards and Commissions Architectural Review Board with said term to book, update webpage, and notify appropriate expire November 14, 2008. persons. . APPOINTED Mark Rooks to the Jefferson Area Disability Services Board with said term to expire June 30,2010. . REAPPOINTED Raymond East to the JAUNT Board with said term to expire September 30, 2010. . REAPPOINTED Dan Maupin, Montie Pace and Fred Shields to the Land Use Tax Advisory Board with said terms to expire September 1, 2009. . REAPPOINTED Diana Foster and Phil Stokes to the Natural Heritage Committee with said term to expire September 30, 2011. 16. FY 2008 Budget Amendment. Clerk: Forward copy of signed appropriation . APPROVED FY 2008 Budget Amendment in form to OMB, Finance and appropriate the amount of $57,342,962.49 and APPROVED individuals. Appropriations #2008019, #2008020, #2008021,#2008022,#2008024,#2008026, #2008027,#2008028, #2008029,#2008030, and #2008031 to provide funds for various local government, school, and capital projects and orOQrams. 17. ZTA-2005-009 Densitv Bonus for Affordable Clerk: Forward copy of adopted ordinance to Housina. County Attorney's office, Housing and . ADOPTED the proposed ordinance excluding Planning. (Attachment 3) amendments to Section 12.4.3. 18a. Finance Tax Ordinance: To amend Chapter 1. Clerk: Forward copy of adopted ordinance to General Provisions. of the Albemarle County County Attorney's office and Finance. Code. (Attachment 4) . ADOPTED Ordinance No. 07-1 (2). 18b. Finance Tax Ordinances: To amend Chapter 8. Clerk: Forward copy of adopted ordinance to Licenses. of the Albemarle County Code. County Attorney's office and Finance. . ADOPTED Ordinance No. 07-8(1) (Attachment 5) 18c. Finance Tax Ordinances: To amend Chapter 9. Clerk: Forward copy of adopted ordinance to Motor Vehicles and Traffic. of the Albemarle County Attorney's office and Finance. Countv Code. (Attachment 6) 4 . ADOPTED Ordinance No. 07-9(1). 18d. Finance Tax Ordinances: To amend Chapter 15. Clerk: Forward copy of adopted ordinance to Taxation. of the Albemarle County Code. County Attorney's office and Finance. . ADOPTED Ordinance No. 07-15(2). (Attachment 7) 22. To amend Chapter 15. Taxation. of the Clerk: Forward copy of adopted ordinance to Albemarle County Code. County Attorney's office and Finance. . ADOPTED Ordinance No. 07-15(1). (Attachment 8) 20. From the Board: Committee Reports. Clerk: Forward Voting Credentials Form to a. Voting Credentials for VACo Annual Business VACo. Meeting. . APPOINTED Ken Boyd as the voting representative and Lindsay Dorrier as the alternate. Sallv Thomas: . Discussed issues related to the County's conservation easement program. David Wyant: . Mentioned that the County will be receiving an award from Ride Share at its luncheon on October 16th. Ken Boyd said he would be attending the luncheon to receive the award. . Asked that the Official Determination letters include a map of the location of the parcels. Dennis Rooker: . Asked about status of Cool Counties resolution. Mr. Tucker said staff will be bringing a report back to the Board. . Discussed enabling legislation relative to transportation impact fees. . Said the University of Virginia is planning to come to the County with a request that it participate in funding the Route 250 corridor plans using Revenue Sharing Funds. . Discussed the Hillsdale Drive improvements and improvements proposed by the developer to the southbound lane on Route 29. David Slutzkv: . Reported on the Safer Chemicals Committee. . Suggested he draft a resolution in response to City Council's recent action on the Meadow Creek Parkway. Ken Bovd: . Provided update on Eastern Connector Location Study Committee. . Asked about the status of the Affordable Housing Task Force. Mr. Slutzky said he, Dave Norris and David Neuman plan to meet in the next week to discuss some of the issues, and then report back to their respective boards to get the go ahead. Lindsav Dorrier: . Asked that he be kept informed on the status of Biscuit Run as it moves forward. Larry Davis: Wayne CilimberQ: Proceed as directed. . In reference to removing the density bonus provisions for affordable housing from the Village Residential Zoning District regulations, it was the CONSENSUS of the Board that staff 5 review the needed changes and the Planning Commission initiate the ZTA. 27. Adjourn to October 10, 2007, 2:30 p.m. · The meetino was adiourned at 4:21 p.m. /ewj Attachment 1 - Resolution - Chesterfield Subdivision Attachment 2 - Resolution - Petty Cash Attachment 3 - Ordinance - ZTA-2005-009. Density Bonus for Affordable Housing Attachment 4 - Ordinance No. 07-1 (2) Attachment 5 - Ordinance No. 07-8(1) Attachment 6 - Ordinance No. 07-9(1) Attachment 7 - Ordinance No. 07-15(2) Attachment 8 - Ordinance No. 07-15(1) 6 ATTACHMENT 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of October 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3,2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Reouirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3, 2007, to the secondary system of state highways, pursuant to 933.1-229 and 933.1-82, Code of Virginia, and the Department's Subdivision Street Reouirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** The road(s) described on Additions Form AM-4.3 is: 1) South Chesterfield Court (State Route 1623) from the intersection of Route 649 to the intersection of North Chesterfield Court (Route 1624), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, pages 503-507, with a 50-foot plus right-of-way width, for a length of 0.02 miles. 2) South Chesterfield Court (State Route 1623) from the intersection of North Chesterfield Court (Route 1624) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, pages 503-507, with a 50-foot plus right-of-way width, for a length of 0.09 miles. 3) Chesterfield North (State Route 1624) from the intersection of South Chesterfield Court (Route 1623) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, page 503-507, with a 50-foot plus right-of-way width, for a length of 0.10 miles. Total Mileage - 0.21 7 ATTACHMENT 2 RESOLUTION WHEREAS, Virginia Code S15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on June 6, 2007 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend and establish certain petty cash funds for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia establishes the following petty cash funds: Finance Department Social Services Community Development Police Department Sheriff's Department Fire and Rescue Fire and Rescue - Monticello Fire Station Fire and Rescue - Hollymead Fire Station Commonwealth's Attorney Parks & Recreation $ 4,350.00 200.00 100.00 1,800.00 100.00 150.00 250.00 250.00 300.00 100.00 Total $ 7,600.00 8 ATTACHMENT 3 ORDINANCE NO. 07-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Regulations, and Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 13.4.3 Sec. 14.4.3 Sec. 15.4.3 Sec. 16.4.3 Sec. 17.4.3 Sec. 18.4.3 Definitions Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Chapter 18. Zoning Article I. General Regulations Sec. 3.1 Definitions Affordable housing. The term "affordable housing" means safe decent housing where housing costs do not exceed thirty (30) percent of the gross household income. For purposes of this definition, "housing costs" for homeowners are principal, interest, real estate taxes, and homeowner's insurance (PITI), and for tenants are tenant-paid rent and tenant-paid utilities with the maximum allowances for utilities being those adopted by the county's housing office for the Housing and Urban Development housing choice voucher program. For purposes of this chapter, an "affordable unit" is a dwelling unit that meets the definition of affordable housing. Article III. District Regulations Sec. 13.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) 9 e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. I. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 14.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) 1. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10). (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) 10 h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 15.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. ~ (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 16.4.3 Affordable housing 11 For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the low or moderate cost units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 17.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. 12 c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 18.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) 1. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the 13 lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. 14 ATTACHMENT 4 ORDINANCE NO. 07-1(2) AN ORDINANCE TO AMEND CHAPTER 1, GENERAL PROVISIONS, 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 1, General Provisions, is hereby amended and reordained as follows: By Amending: Sec. 1-120 Fee for returned checks CHAPTER 1. GENERAL PROVISIONS Sec. 1-120 Penalty for returned checks or other payment. If any check or other means of payment tendered to the county or any agency thereof in the course of its duties is not paid by the financial institution on which it is drawn, because of insufficient funds in the account of the drawer, no account is in the name of the drawer, or the account of the drawer is closed, and the check or other means of payment is returned to the named payee unpaid, the amount thereof shall be charged to the person on whose account it was received, and his liability and that of his sureties, shall be as if he had never offered any such payment. A penalty of thirty-five dollars ($35.00) shall be added to such amount. This penalty shall be in addition to any other penalty provided by law, except the penalty imposed by ~ 15-103 shall not apply. (Ord. No. 97-1(1), 2-12-97; Code 1988, 9 1-9; Ord. 98-A(1), 8-5-98; Ord. 07-1(2), adopted 10-3-07, effective 1-1-08) State law reference-Va. Code ~ 2.2-614.1 (C). This ordinance shall be effective on and after January 1, 2008. 15 ATTACHMENT 5 ORDINANCE NO. 07-8(1) AN ORDINANCE TO AMEND CHAPTER 8, LICENSES, ARTICLE III, DETERMINING GROSS RECEIPTS, AND ARTICLE VI, SCHEDULE OF TAXES, 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 8, Licenses, Article III, Determining Gross Receipts, and Article VI, Schedule of Taxes, are hereby amended and reordained as follows: By Amending: Sec. 8-305 Amounts excluded from gross receipts Sec. 8-601 Bondsmen Sec. 8-617 Retailers or retail merchants By Repealing: Sec. 8-604 Loan agencies CHAPTER 8. LICENSES ARTICLE III. DETERMINING GROSS RECEIPTS Sec. 8-305 Amounts excluded from gross receipts. For purposes of determining a license tax, gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business in the ordinary course of such business, and the following amounts: A. Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, or amounts received for any federal or state excise taxes on motor fuels. B. Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business). C. customer. Any amount representing returns or trade-in allowances granted by the business to its D. Receipts which are the proceeds of a loan transaction in which the licensee is the obligor. E. Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset. F. Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive. G. Withdrawals from inventory for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes. 16 H. Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business. I. Amounts paid by real estate brokers to real estate agents as a commission on any real estate transaction shall be excluded from real estate brokers' gross receipts. Each real estate broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, the amount of the receipts paid to each such agent, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes. (3-15-83, ~ 65; 6-13-73; 5-15-75; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, ~ 11-18; Ord. 97-11(1),5- 7-97, ~ 11-18; Code 1988, ~ 11-18; Ord. 98-A(1), 8-5-98; Ord. 07-8(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code ~ 58.1-3732. ARTICLE VI. SCHEDULE OF TAXES DIVISION 1. GENERALLY Sec. 8-601 Bondsmen. Each person engaged as a bondsman shall be subject to the license tax, and other provisions, set forth herein: A. Every person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety, shall be subject to a license tax of one hundred fifty dollars (5150.00), which shall not be prorated or transferred. B. No professional bondsmen or his agent shall enter into any such bond or bonds in the county until he shall have obtained such license unless he has obtained such required license in another city or county, in which he engages in the business of bail bonding. C. With the exception of any bondsman or his agent who has heretofore obtained a certificate and license under this section and whose certificate, license and right to act as a bondsman continues to remain in full force and effect, no such license shall be issued unless and until the applicant shall have first obtained a bail bondsman license from the Department of Criminal Justice Services. (Ord. 96-11(1), 11-13-96, ~ 11-31; Code 1988, ~ 11-31; Ord. 98-A(1), 8-5-98; Ord. 07-8(1), adopted 10-3- 07, effective 1-1-08) State law reference--Va. Code ~~58.1-3724 Sec. 8-604 (Repealed 10-3-07) DIVISION 4. PERSONAL, PROFESSIONAL, BUSINESS OR REPAIR SERVICE BUSINESS, OCCUPATIONS AND PROFESSIONS Sec. 8-617 Retailers or retail merchants. Each person engaged as retailer or retail merchant shall be subject to the license tax, and other provisions, set forth herein: A. Each person engaged as a retailer or retail merchant shall be subject to a license tax of twenty cents ($0.20) for each one hundred dollars ($100.00) of gross receipts, other than as provided in subsection (B) herein. B. Each person engaged as a retailer or retail merchant shall be subject to a license tax of ten cents ($0.10) for each one hundred dollars ($100.00) of gross receipts for direct retail sales. For 17 purposes of this section, a "direct retail sale" is defined as a retail sale made to a remote buyer ordering by telephone, internet, or mail, in which the item(s) sold is/are shipped by common carrier or by the U.S. Postal Service. C. Retailers or retail merchants include, but are not limited to, the following: Aircraft or aircraft parts. Alcoholic beverages. Antiques. Auto accessory, tire, battery. Automobile graveyards. Auto sales, motor vehicle dealers. Bakeries, caterers. Bicycles. Boats, motors. Books, stationery. Building materials. Candy, nut stores. Cigar, tobacco stands, newsstands. Confectionery. Custom tailor. Dairy products. Delicatessen. Department stores. Drapery, curtain, upholstery. Drugs. Dry goods stores. Eggs, poultry. Family clothing. Farm equipment. Filling stations. Firearms. Fish, seafood market. Floor covering. Florists. Fruit stores, vegetable markets. Fuel, ice. Furniture. Furriers. Garden supplies. General stores. Gift, novelty, souvenir. Grocery. Hardware. Heating, plumbing, electrical equipment. Hog, grain, feed, seed. Hosiery. Jewelry. Junk or secondhand merchandise. Lightning rods. Luggage. Lumber goods. Meat markets. Men's and boy's clothing. Millinery. Motorcycle. Musical instrument. Office, store, appliance supply. Optical. 18 Other clothing. Paint, glass, wallpaper. Photographic, supply, equipment. Radio, television or household appliances. Restaurants, eating places, nightclubs. Secondhand stores, other than junk. Scientific, medical supplies. Shoes. Soda fountain. Sporting goods. Travel bureau or tour agent. Used cars. Variety stores. Workmen's clothing. All other retail stores and retail merchants' occupations, businesses or trades not included herein and not otherwise taxed by this chapter. D. In any case in which the Virginia Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for PADD 1 C (Petroleum Administration for Defense District - Lower Atlantic Region) has increased by 20% or greater in anyone-week period over the immediately preceding one-week period and does not fall below the increased rate for at least 28 consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed 110% of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the local tax official. The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the county the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the county pursuant to Virginia Code ~ 58.1-3703 for the license year immediately preceding the license year of such increase. The Virginia Department of Mines, Minerals and Energy shall determine annually if such increase has occurred and remained in effect for such 28-day period. For purposes of this subsection, the following definitions shall apply: 1. "Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code ~ 58.1-2201. 2. "Gas retailer" means a person or entity engaged in business as a retailer offering to sell at retail on a daily basis alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code ~ 58.1-2201. (3-15-73, ~ 55; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, ~ 11-68; Code 1988; ~ 11-68; Ord. 98-A(1), 8- 5-98; Ord. 06-8(1), adopted 5-3-06, effective 1-1-07; Ord. 07-8(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code SS 58.1-3703, 58.1-3706. This ordinance shall be effective on and after January 1, 2008. 19 ATTACHMENT 6 ORDINANCE NO. 07-9(1) AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE IV, COUNTY VEHICLE LICENSES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, Article IV, County Vehicle Licenses, is hereby amended and reordained as follows: By Amending: Sec. 9-410 Display of license decal, etc. CHAPTER 9. MOTOR VEHICLES AND TRAFFIC ARTICLE IV. COUNTY VEHICLE LICENSES Sec. 9-410 Display of license decal, etc. Decals or other stickers issued pursuant to this article shall be displayed on the vehicle in accordance with state law and regulation. A decal may not be attached to any motor vehicle, trailer or semitrailer for which it has not been assigned. The display of a local decal or sticker shall not be required on any vehicle owned by a public service company, as defined in Virginia Code ~ 56-76, having a fleet of at least 2,500 vehicles garaged in the Commonwealth. (Code 1967, ~ 12-99; Ord. of 2-14-90; Code 1988, ~ 12-31; Ord. 98-A(1), 8-5-98; Ord. 05-9(2),12-7-05, effective 1-1-06; Ord. 07-9(1),10-3-07) This ordinance shall be effective immediately. 20 ATTACHMENT 7 ORDINANCE NO. 07-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE IX, TRANSIENT OCCUPANCY TAX, AND ARTICLE XII, FOOD AND BEVERAGE TAX, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article IX, Transient Occupancy Tax, and Article XII, Food and Beverage Tax, are hereby amended and reordained as follows: By Amending: Sec. 15-910 Sec. 15-911 Sec. 15-1203 Sec. 15-1213 Sec. 15-1214 Penalty for late remittance or false return Violations of article Tips and service charges Penalty for late remittance or false return Violations of article CHAPTER 15. TAXATION ARTICLE IX. TRANSIENT OCCUPANCY TAX 15-910 Penalty for late remittance or false return. A. If any lodging provider whose duty it is to do so shall fail or refuse to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the total amount of tax owed if the failure is not for more than one month, with an additional penalty of five percent (5%) of the total amount of tax owed for each additional month or fraction thereof during which the failure continues, such penalty not to exceed twenty-five percent (25%) of the taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00), or the amount of the tax assessable, whichever is less. B. If any lodging provider whose duty it is to do so shall fail or refuse to file any return required by this article within the time specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the tax assessable on such return or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for any person to willfully fail or refuse to file any return required under this article or to make any false statement with the intent to defraud in connection with any return required by this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less, and it shall be a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000. (~8-43; Code 1988, ~ 8-51, Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3- 07, effective 1-1-08) State law reference - Va. Code ~~ 58.1 - 3916, 58.1-3916.1 Sec. 15-911 Violations of article. Any corporate or partnership officer as defined in Virginia Code ~ 58.1-3906, or any other person required to collect, account for and pay over a tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any such person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction under this section shall not relieve any person from the payment, collection or remittance of the taxes or penalties 21 provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure or violation, and each day's continuance thereof, shall constitute a separate offense. (Code 1988, ~ 8-52; Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code ~~ 58.1- 3906, 58.1 - 3907; as to punishment for class 1 misdemeanor, see ~ 18.2-11. ARTICLE XII. FOOD AND BEVERAGE TAX Sec. 15-1203 Tips and service charges. No tax shall be imposed under this article on (i) that portion of the amount paid by purchaser as a discretionary gratuity in addition to the sales price; (ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price, but only to the extent that such mandatory gratuity or service charge does not exceed 20% of the sales price. (~8-78, 12-10-97; Code 1988, ~ 8-78; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1- 1-08) State law reference-Va. Code ~ 58.1-3833(E) Sec. 15-1213 Penalty for late remittance or false return. A. If any seller whose duty it is to do so shall fail or refuse to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the total amount of the tax owed if the failure is not for more than one month, with an additional penalty of five percent (5%) of the total amount of the tax owed for each additional month or fraction thereof during which the failure continues, such penalty not to exceed twenty-five percent (25%) of the taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00), or the amount of the tax assessable, whichever is less. B. If any seller whose duty it is to do so shall fail or refuse to file any return required by this article within the time specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the tax assessable on such return or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for any person to willfully fail or refuse to file any return required under this article or to make any false statement with the intent to defraud in connection with any return required by this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less, and it shall be a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000. (~8-88, 12-10-97; Code 1988, ~ 8-88; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1- 1-08) State law reference-Va. Code ~~ 58.1-3916,58.1-3916.1 Sec. 15-1214 Violations of article. Any corporate or partnership officer as defined in Virginia Code ~ 58.1-3906, or any other person required to collect, account for and pay over tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction of such violation shall not 22 relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. (~8-89, 12-10-97; Code 1988, ~ 8-89; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1- 1-08) State law reference-Va. Code ~ 58.1-3907 This ordinance shall be effective on and after January 1, 2008. 23 ATTACHMENT 8 ORDINANCE NO. 07-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VII, REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VII, Real Estate Exemption for Certain Elderly and Disabled Persons, is hereby amended and reordained as follows: By Amending: Sec. 15-702 Sec. 15-704 Sec. 15-705 Definitions Persons eligible for exemption Amount of exemption CHAPTER 15. TAXATION ARTICLE VII. REAL ESTATE TAX EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS Sec. 15-702 Definitions. The following definitions shall apply in the interpretation and enforcement of this article: (1) Dwelling. The term "dwelling" means a building occupied as a residence. (2) Income. The term "income" means the total gross income from all sources comprising the amount of money received on a regular basis which is available to meet expenses, regardless of whether a tax return is actually filed, the money is taxable or deductible from the taxpayer's income tax return. (a) Income shall include: (i) retirement payments, including the portion that represents the contribution of the retiree; (ii) nontaxable social security retirement benefits; (iii) disability payments; and (iv) rental income. (b) Income shall not include: (i) life insurance benefits; (ii) receipts from borrowing or other debt; and (iii) social security taxes taken out of the pay of a retiree. (c) The income of a self-employed person received from the business shall be the gross income of the business, less the expenses of the business. (3) Manufactured home. The term "manufactured home" means a structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (4) Net combined financial worth. The term "net combined financial worth" means the net present value of all assets, including equitable interests, and liabilities of (i) the owners, (ii) the spouse of any owner, and (iii) the owner's relatives living in the dwelling. The term "net combined financial worth" shall not include: (i) the value of the dwelling and the land, not exceeding ten acres, upon which it is situated; (ii) the value of furniture, household appliances and other items typically used in a home; and (iii) the outstanding balance of any mortgage on the subject property, except to the extent that the subject property is counted as an asset. 24 (5) Owning title or partial title. The term "owning title or partial title" means owning the usufruct, control or occupation of the real estate, whether the interest therein is in absolute fee or is in an estate less than a fee, such as the holding of a life estate. (6) Permanently and totally disabled person. The term "permanently and totally disabled person" means a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death, or can be expected to last for the duration of such person's life. (7) Real estate. The term "real estate" includes manufactured homes. (8) Relative. The term "relative" means any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner. (9) Taxable year. The term "taxable year" means the calendar year for which the exemption is claimed. (10) Total combined income. The term "total combined income" means the income received from all sources during the preceding calendar year by the owners of the dwelling who use it as their principal residence and by the owners' relatives who live in the dwelling. The following amounts shall be excluded from the calculation of total combined income: (a) The first sixty-five hundred dollars ($6500.00) of income of each relative who is not the spouse of an owner living in the dwelling and who does not qualify for the exemption provided by subdivision 9 c hereof. (b) The first seventy-five hundred dollars ($7500.00) of income for an owner who is permanently disabled. (c) If a person otherwise qualifies for the exemption and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of the relative or of the relative's spouse shall be counted towards the income limit, provided that the owner of the dwelling has not transferred assets in excess of five thousand dollars ($5,000.00) without adequate considerations within a three (3) year period prior to or after the relative moves into the dwelling. (2-15-73; 3-20-75; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, S 8-23; Ord. 98-A(1), 8-5-98; Ord. 03-15(2), 11-5-03; Ord. 05-15(4),12-7-05, effective 1-1-06; Ord. 07-15(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code ~~ 36-85.3, 58.1-3210,58.1-3211,58.1-3217. Sec. 15-704 Persons eligible for exemption. Persons who satisfy all of the following requirements are eligible for the exemption established in section 15-703: A. The person claiming the exemption shall have either: 1. Reached the age of sixty-five (65) years prior to the taxable year for which the exemption is claimed; or 2. Became permanently and totally disabled prior to the taxable year for which the exemption is claimed. 25 B. dwelling. The person claiming the exemption shall be a person owning title or partial title in the 1. The person claiming the exemption shall own title or partial title to the real estate for which the exemption is claimed on January 1 of the taxable year. 2. A dwelling jointly owned by a husband and wife may qualify if either spouse is sixty-five (65) years of age or older or is permanently and totally disabled. 3. Except as provided in paragraph (B.2), the exemption shall not apply to a dwelling jointly owned by a person who is sixty-five (65) years of age or older or who is permanently and totally disabled (an "exempt person"), and a person who not an exempt person. C. dwelling. The person claiming the exemption shall occupy the dwelling as that person's sole 1. The dwelling shall not be used for commercial purposes. 2. The fact that a person who otherwise qualifies for exemption established by this article resides in a hospital, nursing home, convalescent home or other facility for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which the exemption is sought does not continue to be the sole dwelling of the person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. D. A manufactured home is real estate eligible for the exemption established by this article if the person claiming the exemption demonstrates to the satisfaction of the director of finance that the manufactured home is permanently affixed. Either of the following shall be evidence that the manufactured home is permanently affixed: 1. The person claiming the exemption owns title or partial title to the manufactured home and the land on which the manufactured home is located, and the manufactured home is connected to permanent water and sewage lines or facilities; or 2. Whether or not the manufactured home is located on land on which the person claiming the exemption owns title or partial title, the manufactured home rests on a permanent foundation and consists of two (2) or more units which are connected in such a manner that they cannot be towed together on a highway, or consists of a unit and other connected rooms or additions which must be removed before the manufactured home can be towed on a highway. E. The total combined income shall not exceed sixty-nine thousand four hundred fifty-two dollars ($69,452.00) for the calendar year immediately preceding the taxable year. F. The net combined financial worth shall not exceed two hundred thousand dollars ($200,000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. (2-15-73; 3-20-75; 11-9-77; 8-13-80; 6-12-85; 5-13-87; Ord of 12-19-90; Ord. of 4-7-93; Ord. 96-8(2), 12- 11-96; Code 1988, 98-26; 9-9-81; Ord. 12-19-90; Code 1988, 98-26.1; Ord. 98-A(1), 8-5-98; Ord. 00- 15(2),9-20-00; Ord. 03-15(2),11-5-03; Ord. 04-15(2), 12-1-04, effective 1-1-05; Ord. 06-15(3), adopted 11-1-06, effective 1-1-07; Ord. 07-15(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code SS 58.1-3210, 58.1-3211,58.1-3212, 58.1-3214, 58.1-3215. Sec. 15-705 Amount of exemption. The amount of the exemption established by this article from the real estate tax for any taxable year shall be as follows: 26 Percentage of Real Estate Tax Exempted Net Combined Financial Worth $0 to $100,000 Over $100,000 to Over $150,000 to $150,000 $200,000 $0 to $30,000 100.0% 90.0% 80.0% Total Over $30,000 to 70.0% 60.0% 50.0% Combined $50,000 Income Over $50,000 to 40.0% 30.0% 20.0% $69,452 (2-15-73; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, ~ 8-27; Ord. 98-A(1), 8-5-98; Ord. 00-15(2), 9-20-00; Ord. 04-15(2),12-1-04; Ord. 06-15(3), adopted 11-1-06, effective 1-1-07; Ord. 07- 15(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code S 58.1-3212. This ordinance shall be effective on and after January 1, 2008. 27 Memorandum TO: FROM: Members, Board of supe~. is (, \.-/ Ella W. Jordan, CMC, Clerk; C ,.' I September 26, 2007 DATE: SUBJECT: Reading List for October 3, 2007 November 1 , 2006 - pages 1 - 17 (end at Item #11) - Mr. Boyd pages 17 (beginning at Item #11) - end - Mr. Rooker April 4, 2007 pages 1 -18 (end at Item #9) - Mr. Dorrier pages 18 (beginning at Item #9) - end - Mr. Slutzky June 20, 2007 Ms. Thomas NOTE: Please remember to pull your minutes at the meeting, if they are not read. Thanks. /ewj COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2007092 EXPLANATION: FY070verexpenditures SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1000 21010 580900 Circuit Court-Jurors & Witnesses J 1 2,000.00 1 1000 21010 601200 Circuit Court-Books & Subscriptions J 1 2,500.00 1 1000 22010 11 0000 Commonwealth Attorney-Salaries J 1 32,000.00 1 1000 22010 120000 Commonwealth Attorney-O/T Wages J 1 11,000.00 1 1000 22010 210000 Commonwealth Attorney-FICA J 1 2,000.00 1 1000 32050 560600 City Fire Contract J 1 55,100.00 1 1000 33020 700002 Regional Jail J 1 350,000.00 1 1000 34050 270000 Inspections-Worker's Compo Ins J 1 2,500.00 1 1000 41110 580000 Facilities-Mise Expense J 1 2,000.00 1 1000 82030 110000 Soil & Water-Salaries J 1 2,000.00 1 1000 82030 210000 Soil & Water-FICA J 1 400.00 1 1000 92010 580301 Refunds-Tax Refunds J 1 22,000.00 1 1000 92010 580302 Refunds-Auto Decal Refunds J 1 6,000.00 1 1000 92010 580304 Refunds-Business License Refunds J 1 9,000.00 2 1000 51000 510100 Appropriation - FIB J 2 498,500.00 1000 0501 Est. Revenue 498,500.00 0701 Appropriation 498,500.00 TOTAL 997,000.00 498,500.00 498,500.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/18/2007 10/3/2007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Requested FY2007 Appropriation AGENDA DATE: October 3,2007 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #2007092 totaling $498,500.00 for general fund over expenditures. CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Breeden, Wiggans REVIEWED BY: ATTACHMENTS: Yes LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia 9 15.2-2507 stipulates 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. 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. In the past, Code of Virginia 915.2-2507 required a budget amendment public hearing when the amendment exceeded one percent of the total expenditures shown in the currently adopted budget or the sum of $500,000, whichever is lesser. Effective July 1, 2007, this code section was amended removing the "or the sum of $500,000 whichever is lesser" from this requirement, therefore, a budget amendment public hearing will only be required after the cumulative appropriations exceed one percent of the currently adopted budget. The total of this requested FY 2007 appropriation is $498,500.00. A budget amendment public hearing is not required. STRATEGIC PLAN: Goal 5. Develop a comprehensive funding strategy/plan to address the County's growing needs. DISCUSSION: This request involves the approval of one (1) new FY 2007 appropriations as follows: · One (1) appropriations (#2007092) totaling $498,500.00 for general fund over expenditures in FY 2007. A detailed description of this appropriation is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2007 Appropriation #2007092. ATTACHMENTS A - Requested Appropriations Attachment A Appropriation #2007092 $498.500.00 Revenue Source: General Fund Balance $ 498,500.00 Several general government departments will require an additional appropriation to cover FY 2007 expenditures. This request will appropriate $498,500.00 from the General Fund Balance to the following departments: · Circuit Court Jurors and Books/Subscriptions $ 4,500.00 The Circuit Court saw an unusually high number of multi-day jury trials during FY 2007 that resulted in the line item for juror expenses to be over-expended. In addition, a new Circuit Court judge was appointed during FY 2007 resulting in an increase in books and subscriptions costs. · Commonwealth's Attorney Salaries, Overtime wages, FICA $ 45,000.00 The Commonwealth's Attorney's office was over budget due to a clerical error that resulted in an insufficient amount of funding being distributed to this office during the mid-year salary review of merit and reclassifications. In addition, two employees received annual leave pay-offs during FY 2007, and two employees received pay-offs of accumulated comp time. . City Fire Contract Based on the City Fire Contract terms, the FY 2007 payment due the City exceeded the appropriated budget. $ 55,100.00 · Regional Jail $ 350,000.00 The regional jail's budget was within projection however, the County's share of inmate population in proportion to other member entities was higher than anticipated resulting in the County's share of expenses being over the County's budget. · Inspections Worker's Compensation $ 2,500.00 Worker's Compensation Insurance was under budgeted. · Facilities Development Miscellaneous Expenses $ 2,000.00 The Office of Facilities Development was created in late FY 2007 and was from existing funds within the General Services' operating budget. Start up costs of this new department were slightly higher than anticipated resulting in an over expenditure for FY 2007. · Soil & Water Conservation Salaries and FICA $ 2,400.00 Salary and FICA for the one County-funded position exceeded the FY 2007 appropriation. . Refunds Tax, Auto Decals, and Business License $ 37,000.00 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of October 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3, 2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3,2007, to the secondary system of state highways, pursuant to ~33.1-229 and ~33.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ***** Recorded vote: Moved by: Dennis Rooker Seconded by: David Slutzky Yeas: Ken Boyd, Lindsay Dorrier, Dennis Rooker, David Slutzky, Sally Thomas, and David Wyant Nays: None Absent: None A Copy Teste: I W. Jordan, Clerk, CMC Board of County Supervisors In the County of Albemarle By resolution of the governing body adopted October 03,2007 Thefollowing VDOT FormAM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state ltighWa~ A Copy Testee Signed (O,uu(V Qff",ialj' /:1.1 ~ Report of Changes in the Secondary System of State Highways Project/Subdivision Chesterfield Type Chanl!e to the Secondary System of State Hil!hways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Pursuant to Code of Virginia Statute: Town Addition (~33.1-82), new subdivision street ~33.1-229, ~33.1-82 Street Name and/or Route Number ~ South Chesterfield Court, State Route Number 1623 Old Route Number: 0 From: Intersection Rt.649 To: Intersection North Chesterfield Court, a distance of: 0.02 miles. Recordation Reference: Deed Book 1654 Page 503-507 Right of Way width (feet) = 50 Feet ~ South Chesterfield Court, State Route Number 1623 Old Route Number: 0 From: Intersection North Chesterfield Court Rt.1624 To: CuI De Sac, a distance of: 0.09 miles. Recordation Reference: Deed Book 1654 Page 503-507 Right of Way width (feet) = 50 Feet ~ Chesterfield North, State Route Number 1624 Old Route Number: 0 From: Intersection Rt.1623 South Chesterfield To: CuI De Sac, a distance of: 0.10 miles. Recordation Reference: Deed Book 1654 Pages 503-507 Right of Way width (feet) = 50 feet VDOT Form AM-4.3 ( 4/20/2007). Asset Management Division Page 1 of 1 The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 3rd day of October 2007, adopted the following resolution: RESOLUTION WHEREAS, the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3,2007, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virainia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add the street(s) in Chesterfield Subdivision, as described on the attached Additions Form AM-4.3 dated October 3,2007, to the secondary system of state highways, pursuant to 933.1-229 and 933.1-82, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of- way, as described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Seconded by: Yeas: Nays: Absent: A Copy Teste: Ella W. Jordan, Clerk, CMC Board of County Supervisors The road(s) described on Additions Form AM-4.3 is: 1 ) South Chesterfield Court (State Route 1623) from the intersection of Route 649 to the intersection of North Chesterfield Court (Route 1624), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, pages 503-507, with a 50-foot plus right-of-way width, for a length of 0.02 miles. 2) South Chesterfield Court (State Route 1623) from the intersection of North Chesterfield Court (Route 1624) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, pages 503-507, with a 50-foot plus right-of-way width, for a length of 0.09 miles. 3) Chesterfield North (State Route 1624) from the intersection of South Chesterfield Court (Route 1623) to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 1654, page 503-507, with a 50-foot plus right-of-way width, for a length of 0.10 miles. Total Mileage - 0.21 County of Albemarle Department of Community Development Memorandum To: From: Division: Date: Subject: Ella Carey, Clerk, Board of Supervisors Greg C?oley, Roads Engineer. I .~~... /j~. . InspectIOns i I I September 12, 2007 ~Jr. I - Board Agenda - October 3,2007 t Road Resolution for Chesterfield Subdivision Attached is the original of Additions Form AM-4.3 for the following roads: Chesterfield Subdivision · South Chesterfield Court (State Route 1623) · Chesterfield North (State Route 1624) We would like to have this included on the Board's October 3,2007 agenda so that a resolution can be adopted requesting VDoT add these roads into the secondary system of state highways. If additional information is needed, please do not hesitate to contact me. Attachments RESOLUTION WHEREAS, Virginia Code ~15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on June 6, 2007 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend and establish certain petty cash funds for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia establishes the following petty cash funds: Finance Department Social Services Community Development Police Department Sheriff's Department Fire and Rescue Fire and Rescue - Monticello Fire Station Fire and Rescue - Hollymead Fire Station Commonwealth's Attorney Parks & Recreation $ 4,350.00 200.00 100.00 1,800.00 100.00 150.00 250.00 250.00 300.00 100.00 Total $ 7.600.00 ------ I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of six to ~, as recorded below, at a meeting held on October 3.2007. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Petty Cash Resolution AGENDA DATE: October 3,2007 ACTION: INFORMATION: SUBJECT/PROPOSALlREQUEST: Adopt a Petty Cash Resolution to Add a Petty Cash Fund for Hollymead Fire Station CONSENT AGENDA: ACTION: X INFORMATION: REVIEWED BY: ~ STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Wiggans, Koonce, and Ms. Murray ATTACHMENTS: Yes LEGAL REVIEW: Yes BACKGROUND: Virginia Code Section 15.2-1229, provides that the County may adopt a resolution to establish petty cash funds not exceeding $5,000 to be used to transact daily County business. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs DISCUSSION: The Board of Supervisors last established petty cash funds by a Resolution adopted on June 6, 2007. Staff recommends adoption of a new Resolution to create an additional $250.00 petty cash fund for the Fire and Rescue Department at the Hollymead Fire Station. This new petty cash fund will allow for the payment of minor expenditures related to station operations. BUDGET IMPACT: There is no budget impact from this action. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution to add a petty cash fund at the Hollymead Fire Station and reestablish the existing petty cash funds. ATTACHMENTS A - Resolution - Petty Cash Attachment A RESOLUTION WHEREAS, Virginia Code S15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law; and WHEREAS, the Board of Supervisors adopted a Resolution on June 6, 2007 establishing petty cash funds; and WHEREAS, the Board of Supervisors now desires to amend and establish certain petty cash funds for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia establishes the following petty cash funds: Finance Department Social Services Community Development Police Department Sheriff's Department Fire and Rescue Fire and Rescue - Monticello Fire Station Fire and Rescue - Hollymead Fire Station Commonwealth's Attorney Parks & Recreation $ 4,350.00 200.00 100.00 1,800.00 100.00 150.00 250.00 250.00 300.00 100.00 Total $ 7.600.00 **************** COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY07 End-of-Year Preliminary Financial Report AGENDA DATE: October 3, 2007 SUBJECT/PROPOSALlREQUEST: Presentation of the Preliminary Financial Report for the Fiscal Year Ended June 30, 2007 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Wiggans, Breeden, Walters ATTACHMENTS: Yes ~--- { REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The attached Preliminary Financial Report provides information on the County's General Fund operations and Fund Balance as of June 30, 2007. The financial report includes a bar chart that compares current fiscal year revenue and expenditure data with data from the previous fiscal year. STRATEGIC PLAN: Goal 5: Fund the County's future needs. DISCUSSION: A. Attachment A: General Fund Financial Report: a. Revenues: Revenues, excluding Transfers and Fund Balance Appropriations, total $195.803 million, $1.437 million, or 0.7%, less than revised appropriations (hereinafter "Budget"). Combined with the use of $2.139 million in transfers from other funds and $9.690 million in fund balance, Revenues, Transfers, and Use of Fund Balance total $207.632 million, $2.257 million, or 1.1 %, less than Budget. Following is a brief revenue analysis for the fiscal year: · Real Estate Tax revenues total $97.239 million, $3.721 million, or 3.7%, less than Budget. The shortfall is due to the reduction of the real estate tax rate from $0.74 to $0.68 for tax year 2007. · Personal Property Tax revenues, exclusive of PPTR, total $16.810 million, $0.203 million, or 1.2%, more than Budget. The excess is due to the revised PPTR allocation rate resulting in increased collections. · Sales Tax revenues total $13.426 million, $0.374 million, or 2.7%, less than Budget. Statewide taxable sales for April through June have declined 0.6% compared to the prior year due to the economic slowdown currently being experienced throughout the Commonwealth. The state has reduced its official FY08 forecast from an increase of 5.2% to 2.8%. · Business License revenues total $10.078 million, $0.956 million, or 10.5%, more than Budget. Revenues are based on prior year operations when the economy was stronger. · Food and Beverage Tax revenues total $5.438 million, $0.288 million, or 5.6%, more than Budget. The excess is due to the continued strength of the convenience food preparation industry. · Other Local Tax revenues total $10.363 million, $0.964 million, or 10.3%, more than Budget. The excess is due to increased Bank Franchise tax revenues resulting from additional bank branches located in the County, audit activities, and vehicle registration fees. · Other Local Revenues total $5.798 million, $0.849 million, or 17.2%, more than Budget. The excess is primarily due to increased traffic fines, interest earnings, and police and sheriff fees, offset by reduced inspection related revenues. · State Revenues total $23.393 million, $0.129 million, or 0.5%, less than Budget. The shortfall is primarily due to decreased PPTR funding offset by additional state funded positions for Constitutional Officers. · Federal Revenues total $4.627 million, $0.405 million, or 8.1 %, less than Budget. The shortfall is due to less than anticipated public assistance reimbursements. L AGENDA TITLE: FY07 End-of-Year Preliminary Financial Report October 3,2007 Page 2 · Use of Other Funds total $2.139 million, $0.820 million, or 27.7%, less than Budget. The shortfall is due to the new Telecommunications law which became effective January 1,2007. E911 revenues previously received separately are now reported as Communications Sales and Use Tax combined with former Consumer Utility Tax revenues on land line and wireless communication services. The tax is now assessed by the state on cable services formerly untaxed by the County. This tax is now collected by the state and allocated back to localities based on fixed FY06 locality revenues. The change negatively impacted FY07 revenues. · Categories with variances of less than $0.100 million have not been analyzed for this report. b. Exoenditures: Expenditures, including transfers, total $204.789 million, a $5.099 million, or 2.4%, savings from Budget. · Departmental expenditures total $71.768 million, a $3.624 million, or 4.8%, savings from Budget. After proposed reappropriations of $1.985 million for uncompleted projects and outstanding purchase orders, the net savings is $1.639 million, 2.2%. · The Transfer to the School Division is 100% of Budget. · Non-departmental expenditures total $10.317 million, a $1.455 million, or 12.4%, savings from Budget. This reflects savings in Contingency Reserve expenditures of $1.491 million. · Transfers to the Capital and Debt Service funds total $31.538 million, a $0.020 million savings from Budget. c. Revenues less Exoenditures: This report indicates that there will be $2.842 million in unexpended revenues, transfers, and use of fund balance at the end of the fiscal year. The $2.842 million is comprised of: · Revenues and transfers experiencing a $2.257 million shortfall. · $5.099 million in expenditure savings. B. Attachment B: General Fund Budaet Comparison Report: The chart report tracks changes in revenues and expenditures. · Revenues in all categories except Other Local Taxes and State Revenue increased over last year. Both decreases approximate $0.100 million. · Expenditures in all categories increased over last year. C. Attachment C: Fund Balance Report: The report indicates that the County: · Has an Audited FY06 Fund Balance of $25.079 million as of June 30, 2006, · Appropriated $9.690 million for FY07 projects, · Has a remaining FY07 Fund Balance of $15.388 million as of June 30, 2007, · Estimates Preliminary Revenues in Excess of Expenditures of $2.842 million, · Reserved $13.000 million for cash flow purposes, · Approved $0.347 million for FY08 projects, · Has Proposed Commitments of $3.675 million, and · Has Projected Unobligated Funds of $1.209 million as of October 3,2007. D. Discussion of FY07 Unobliaated Balance: The Board's approved policy allocates 100% of surplus revenues and 60% of departmental expenditure savings (after all current year committed amounts from fund balance are appropriated) to the CIP Fund for future capital needs, capital repairs and maintenance items, and/or debt service. The policy further states that the remaining 40% of expenditure savings may be used for other projects at the Board's discretion and approval. The policy was developed to establish guidelines for the use of end-of-year excess revenues and expenditure savings. There are no surplus revenues for FY07. The Preliminary CIP transfer will be calculated based on 60% of expenditure savings determined as follows: Expenditures Savings Less Budgeted Initiatives and Proposed Reappropriated Purchase Orders and Uncompleted Projects Net Expenditure Savings $5.099 2.282 2.817 60% expenditure CIP transfer allocation $1.690 This is a Preliminary estimate that will be finalized when the fiscal year audit is completed. AGENDA TITLE: FY07 End-of-Year Preliminary Financial Report October 3, 2007 Page 3 RECOMMENDATIONS: Staff recommends 1) Acceptance of the Preliminary June 30, 2007 End-of- Year Financial Report; and 2) Approval of the CIP transfer pending final audited financial results of operations. 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County of Albemarle General Fund Balance Report PRELIMINARY For the Twelve Months ended June 30, 2007 ($ in millions) Attachment C June 30, 2006 Fund Balance $25.079 Less FY07 Aoorooriations ADD roved to Date: Budgeted Local Government Initiatives (approved in budget process) Reappropriation of FY06 uncompleted projects Reappropriation of FY06 outstanding purchase orders Requested uses of FY06 carryover funds for new initiatives Reappropriation of additional FY06 uncompleted projects Economic Development Opportunities Funding Stoney Point Fire Company insurance proceeds Fire Billing Fund transfer to General Fund CSA overexpenditures funding FY06 Surplus Revenue CIP transfer FY06 Expenditure Savings CIP transfer 0.538 0.604 0.284 0.239 0.355 0.050 0.002 (0.071 ) 0.465 6.439 0.786 Total Approved FY07 Appropriations To Date $9.690 June 30, 2006 Fund Balance Available, including cash flow $15.388 Preliminary FY07 Revenues in Excess of Expenditures $2.842 Preliminary June 30, 2007 Fund Balance $18.231 Preliminary Unobligated June 30, 2007 Fund Balance 18.231 Less Minimum Required Cash Flow 13.000 IIII' .......1..'" "'.. .'-.., " .. m. . II ...... .",.M..... M ,.,. 'M" Less FY08 Aoprooriations Aooroved: Budgeted Local Government Initiatives (approved in budget process) Community Relations Reappropriation Total FY08 Appropriations Approved 0.297 0.050 0.347 Less Prooosed FY08 Commitments: Reappropriation of FY07 outstanding purchase orders Reappropriation of FY07 uncompleted projects Proposed transfer of expenditure savings to CIP 0.410 1.575 1.690 Total Proposed FY08 Commitments 3.675 Preliminary June 30, 2007 Projected Unobligated Funds Available October 03, 2007 $1.209 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proffer Management - First Quarterly Report Cash Proffer Activity AGENDA DATE: October 3, 2007 ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Report on cash proffer revenues and expenditures for FY 2006-2007 CONSENT AGENDA: ACTION: INFORMATION: X STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, and Graham; Ms. McCulley and Ms. Baldwin ATTACHMENTS: Yes REVIEWED BY: ---- LEGAL REVIEW: Yes BACKGROUND: On January 3, 2007, the Board requested that cash proffer activity be reported on a quarterly basis. As part of the overall Proffer Management Program, Community Development staff has been working with Finance and the Office of Management and Budget to keep the public and affected County departments informed of all cash proffer activity. Additionally, the County is mandated by Virginia Code Section 15.2-2302.2 to provide an annual report of all cash proffer revenues and expenditures as well as the amount of future cash payments proffered in all rezonings approved during that fiscal year to the State Commission on Local Government. STRATEGIC PLAN: Goal 3: Develop Infrastructure Improvements to Address the County's Growing Needs Goal 5: Fund the County's Future Needs DISCUSSION: The management of cash proffers has become a significant component in the County's administration of proffer monitoring and proffer compliance. The County has implemented new procedures to monitor cash proffers, including the utilization of monthly spreadsheets produced by Finance that will be available on the proffer database on the County website and will also be sent to affected stakeholders. An overview of the report and spreadsheet that will be provided to the State Commission on Local Government is attached (Attachment A), as well as the Cash Proffer Fund Activity Report for FY 2006-2007 (Attachment B). Fiscal Year 2006-2007 In FY 2006-2007, the County collected $1,189,182 in cash proffers. Of the monies collected: $629,538 is allocated for general capital improvement programs, $355,000 for affordable housing, $131,300 for roads or other transportation improvements, $11,000 for schools, $53,000 for parks and recreation and $9,344 for storm water management. In FY 2006-2007, the County expended $181,772 in cash proffers. The monies were spent as follows: $109,666 for the 29 North Corridor Transportation Study, $12,690 for improvements to Stone Robinson School, $9,415 on stormwater improvements and $50,000 for the Western Park Master Plan. In FY 2006-2007, $1,631,100 in cash proffers was approved with rezonings. More detailed information regarding cash proffer revenue, expenditures and allocations is located on Attachments A and B. BUDGET IMPACT: Proffer funds are one source of revenue for funding the approved CIP. Monies received by proffers fund capital improvements which would otherwise be funded by general tax revenue. Currently one dedicated full-time staff person is assigned to monitor and collect proffered funds. RECOMMENDATIONS: This report is provided for information and no action is required. The Annual Survey to the State and Cash Proffer Activity for Fiscal Year 2006-2007 is provided for the convenience of the Board and those interested in the cash proffer program. Since this is the first report of information to be provided on a quarterly basis, staff requests the Board to note any desired changes to the report. ATTACHMENTS A-Annual Survev of Cash Proffer Activitv to be submitted to the State B-Cash Proffer Fund Activitv Attachment A Commission on Local Government 2007 Survey of Cash Proffers Accepted by Local Governments Date: September 6, 2007 Locality: County of Albemarle County ~ City 0 Town 0 Name: Sarah D. Baldwin Title: Zoning Planner Phone: 434-296-5832 Fax: 434-972-4126 E-mail: sbal dwinClilal bemar Ie. org Did your locality accept cash proffers at any time during the 2006-2007 Fiscal Year? YES [8J NO o Uyou answered "No" for the 2006-2007 Fiscal Year, additional information is not needed. Please return the survey to the Commission on Local Government as indicated on the next page. Uyou answered "Yes" for the 2006-2007 Fiscal Year, provide the following information concerning the cash proffers accepted by your locality: (See definitions on next page.) FY2006-2007 1. Total Amount of Cash Proffer Revenue Collected by the Locality during the 2006-2007 Fiscal Year: $ 1,189,182.86 2. Estimated Amount of Cash Proffers Pledged during the 2006-2007 Fiscal Year and Whose Payment Was Conditioned Only on Time: $ 1,631,100.00 3. Total Amount of Cash Proffer Revenue Expended by the Locality during the 2006-2007 Fiscal Year: $ 181,772.23 4. Indicate the Purpose(s) and Amount(s) for Which the Expenditures in Number 3 Above Were Made: Schools $ 12,690.10 Roads and Other Transportation Improvements $ 109,666.41 Fire and RescueIPublic Safety $ Libraries $ Parks, Recreation, and Open Space $ 50,000.00 Water and Sewer Service Extension $ Community Centers $ Stormwater Management $ 9,415.72 Special Needs Housing $ Affordable Housmg $ Miscellaneous $ Total Dollar Amount Expended (Should Equal Amount in Number 3 Above) Comments: Use additional sheet if necessary. 1$ 181,772.23 I Attachment A < ... == ~ e ..cl CJ ~ ... ... < r- => => N I '-C => => N ;;.. f;1;. :~ ... 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TUCKER DIRECTOR TEL: (804) 371-9172 pstmail@scc.virginia.gov FAX (804) 371-9797 STATE CORPORATION COMMISSION PUBLIC SERVICE TAXATION DIVISION SEPTEMBER 2007 ~ 1 Dear Sir or Madam: -- We are hereby providing you with the certified 2007 Statements of Assessed Value for the electric, gas, telecommunications, and water companies for your locality. A statement concerning possible fluctuations in the assessed value from the prior year is also attached. Also enclosed is the listing of the Motor Vehicle Carrier companies that were subject to the annual Rolling Stock Tax on their vehicles for the 2007 Tax Year. The allocation of this tax attributable to your jurisdiction was made to your treasurer on August 14,2007. We hope that you will find this useful in preparing your tax bills for the public service companIes. Should you have any questions, please contact this office. Very truly yours, 1i~ J. j~ Robert S. Tucker Director RST/rha - TYLER BUILDING, 1300 EAST MAIN STREET, RICHMOND, VA 23219-3630 TELECOMMUNICATIONS DEVICE FOR THE DEAF-TDDNOICE: (804) 371-9206 MMONWEALT~ OF \;laG GO, INI~ P. O. BOX 1197 RICHMOND, VIRGINIA 23218 FAX (804) 371-9797 ROBERT S. TUCKER DIRECTOR TEL: (804) 371-9172 pstmail@scc.virginia.gov STATE CORPORATION COMMISSION PUBLIC SERVICE TAXATION DIVISION SEPTEMBER 2007 ... TO ALL COUNTIES, CITIES, AND TOWNS: Attached are the 2007 Certified Property Assessments for all of the electric, gas, water, and telecommunications companies for your locality. You may notice some changes in the assessed values from the previous year. This may be due to one or more factors stated below: · The Public Service Taxation Division, in determining the fair market value of all real and tangible personal property each tax year, looks at the depreciation schedules for each class of property to determine if adjustments need to be made from the previous year. In some instances adjustments are made to these tables that may result in decreases in the assessed value over the previous year. These adjustments are based on data which reflects current market conditions. · As in prior years, there are fluctuations in the local assessment ratios. The ratio studies are reviewed annually by the Department of Taxation and can significantly increase or decrease the assessments. The Public Service Taxation Division is required under S 58.1-2604 to apply these local assessment ratios in determining the assessed values for each locality. · The telecommunications industry continues to see significant changes due to new generation technology replacing obsolete equipment. The newer technology in many cases is much cheaper than the original cost of the obsolete equipment. Also, there continues to be many mergers and acquisitions within the industry that may affect value. Should you have any questions that have not been addressed in the above information, please contact us at (804) 371-9480. TYLER BUILDING, 1300 EAST MAIN STREET, RICHMOND, VA 23219-3630 TELECOMMUNICATIONS DEVICE FOR THE DEAF.TDDNOICE: (804) 371.9206 COMMONWEAL TH OF VIRGINIA STATE CORPORATION COMMISSION MOTOR VEHICLE CARRIERS A STATEMENT Showing for each Motor Vehicle Carrier the value of its Rolling Stock as of the first day of January 2007, and the taxes for the year 2007 extended thereon pursuant to Title 58.1, Chapter 26, Article 5, of the Code of Virginia. MOTOR VEHICLE CARRIER 1. Abbott Bus Lines, Inc. Jolm D. Abbott, Secretary/Treasurer 4274 Challenger Ave. Roanoke VA 24012 2. Atlantic Greyhound Lines of Virginia, Inc. Dennis G. Thimesch, Sr. Mgr. Oper. Taxes P.O. Box 660362 Dallas TX 75266-0362 3. Carolina Coach Company Dennis G. Thimesch, Sr. Mgr. Oper. Taxes Tax Department POBox 660362 Dallas TX 75266-0362 4. Classic Carriages Limousines, Ltd. Stephen Porteus 218 N 25th St. Milwaukee WI 53233 5. D & B Bus, Inc. Robert 1. Quick, President 2309 Poplar St. Staunton VA 24401 6. Dafre, Inc. Richard 1. Payton, Treasurer 6153 River Forest Dr. Manassas VA 22112-3047 7. Dominion Coach Co. t/a Tranquest, LLC Richard 1. Gray, President 994 Scott St. Norfolk VA 23502-3147 8. Groome Transportation, Inc. Celinda Vauglm, CFO 5500 Lewis Road Sandston VA 23150 9. Interstate Van Lines, Inc. Michael Larkin, Chief Financial Officer 5801 Rolling Rd. Springfield VA 22152 8000 VALUE OF ROLLING STOCK 3,716,209.97 TAX AT $1.00 ON EACH $100 37,162.10 8080 6,414,073.11 64,140.73 8200 2,715,922.81 27,159.23 8222 1,117,269.00 11,172.69 8248 701,398.60 7,013.99 8250 65,220.97 652.21 8255 1,271,059.00 12,710.59 8320 1,506,968.09 15,069.68 8400 988,371.74 9,883.72 . MOTOR VEHICLE CARRIERS - Continued 2 MOTOR VEHICLE CARRIER VALUE OF TAX AT $1.00 ROLLING STOCK ON EACH $100 10. James River Bus Lines 8420 2,743,730.87 27,437.31 Stephen W. Story, President 915 N. Allen Ave. Richmond VA 23220 11. National Coach Works, Inc. of Virginia 8436 4,367,815.59 43,678.16 George Wolfe, Controller 10411 Hall Industrial Dr. Fredericksburg VA 22408 12. New World Tours, Inc. 8507 5,101,061.00 51,010.61 David Bolen, President 7920 Gainsford Ct. Bristow VA 20136-1100 13. Newton Bus Service, Inc. 8500 1,549,389.97 15,493.90 Warren L. Newton, President 6838 Belroi Road Gloucester VA 23061 14. Oleta Coach Lines, Inc. 8550 543,272.59 5,432.73 Howard W. Smith, Sr., President P.O. Box 466 Williamsburg VA 23187 15. Quick-Livick, Inc. 8620 1,448,031.71 14,480.32 Robert L. Quick, President 2309 Poplar St. Staunton VA 24401 16. Roanoke Airport Transportation Service, Inc. 8697 233,376.29 2,333.76 Bill Roberts, President 1325 7th St. NE Roanoke VA 24012 17. The American Bus Line, Inc. 8050 186,783.50 1,867.84 Roosevelt Speller 1025 Mains Creek Road Chesapeake VA 23320 18. Tidewater Bus Service II, Inc. 8259 98,778.99 987.79 Edward L. Upton, President 3809 South Military Highway Chesapeake VA 23321 19. Tidewater Touring, Inc. 8749 482,923.91 4,829.24 Barry N. Paul, President 2501 60th St. Hampton VA 23661 20. V.I.P. & Celebrity Limousines, Inc. 8764 1,349,142.42 13,491.42 Stephen Story, President 915 N. Allen Ave. Richmond VA 23220 MOTOR VEHICLE CARRIER MOTOR VEHICLE CARRIERS - Continued VALUE OF ROLLING STOCK 3 21. Venture Tours, Inc. Darlene Hooks, President 600 South Military Highway Virginia Beach VA 23464 22. Virginia Coach Co. Betty 10 Counselman, Vice Pres. & Treas. P.O. Box 883 Purcellville VA 20134 8762 1,249,609.52 TAX AT $1.00 ON EACH $100 12,496.10 8765 809,050.77 8,090.51 23. Winn Bus Lines, Inc. David Pounders, Comptroller 1831 Westwood Ave. Richnaond VA 23227 8840 698,196.24 6,981.96 Grand Total $ 39,357,656.66 1$ 393,576.59 Richmond, Va. 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'" .....'" '" _. -0 ~ ::s o 0 ~ ~ ::sQa 0'5' I'l _. ..... I'l o' 0 ::s ...... '" e- '" :;0 o' S- o .5. < !" ~ ~ "'t:I ~ ~ ~ Z ~ o ~ ~ == ~ 7J:l ~ > ~ ~ (j o ~ o ~ --3 ... o z (j o e ... 7J:l 7J:l ... o z ~ o ~ ~ o ~ ~ ~ > ~ ~ == o ~ < ~ ~ Cl ~ ~ ~ > 9 -13-0'] e4- Phone (434) 296-5832 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 September 11, 2007 Mr. Lawrence J. Martin, Trustee BMC Land Trust c/o Hantzmon Wiebel, LLP 818 East Jefferson Street P. O. Box 1408 Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS-Section 10.3.1 -- Tax Map 30, Parcel 10 (one tax parcel that is composed of two parcels of record) (Property of BMC Land Trust) Whitehall Magisterial District Dear Mr. Martin: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 30, Parcel 1 0 has five (5) theoretical development rights and Tax Map 30, Parcel 11 has five (5) theoretical development rights. The basis for this determination follows. Our records indicate that the current Tax Map 30, Parcel 1 0 contains 255.19 acres and no dwellings. The property is within the Moorman's River Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2609, page 433. This analysis begins with the deed of record in Deed Book 665, page 224 that is dated December 26, 1978. The deed conveyed to Continental Land Sales, Inc., tracts or parcels of land including: 217.6 acres, more or less (Tax Map 30, Parcel 10), and; 46 acres, more or less (Tax Map 30, Parcel 11 ), less approximately 4 acres conveyed to the City of Charlottesville for the Rivanna Reservoir. This is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, the current Tax Map 30, Parcel 10 is determined to be two (2) parcels of record (parcels 10 & 11) with five (5) development rights each for a total of ten (10) theoretical development rights. Deed Book 712, page 461, dated March 10, 1981, conveyed 261.06 acres from Continental Land Sales, Inc to Page J. McGee. The property is described as being the same as was conveyed by Deed Book 665, page 224. This transaction had no effect on the parcels. 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\30-1 0&11, 1 LOD2007-022. BMC Land Trust.doc Deed Book 803, page 295, dated June 13, 1984, conveyed 5.750 acres from Page J. McGee & William L. McGee to Rivanna Water and Sewer Authority. The property is described as being from the same parcel conveyed by Deed Book 712, page 461, thus resulting in it being 255.31 acres. This transaction had no effect on the parcels or their development rights. Deed Book 828, page 344, dated February 28, 1985, conveyed 255.31 acres from Page J. & William L. McGee to BMC Land Trust. The property is described as being the same as was conveyed by Deed Book 712, page 461, less the 5.75 acres conveyed by Deed Book 803, page 295. This transaction had no effect on the parcels. Deed Book 2609, page 433, dated September 26,2003, conveyed .12 acres, more or less from BMC Land Trust to Jonathan Z. & Alice P. Cannon. The property is described as being the same as was conveyed by Deed Book 828, page 344, thus resulting in the present acreage of 255.19. This transaction had no effect on the parcels. The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. ~~ Ronald L. Higgins, AICP Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor vElla Jordan, Clerk of the Board of Supervisors 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\30-1 0& 11, 2 LOD2007-022. BMC Land Trust.doc Phone (434) 296-5832 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Fax (434) 972-4126 September 11, 2007 Yellow Mountain LLC c/o William H. Strider 1380 Hermitage Road Waynesboro, VA 22980-6453 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS Section 10.3.1 -- Tax Map 70, Parcels 31, 32A & 328 (Property of Yellow Mountain LlC) Whitehall Magisterial District Dear Bill: The County Attorney and I have reviewed the title information for the above-noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 70, Parcel 31 is three lots of record with a total of ten (10) theoretical development rights, Tax Map 70, Parcel 32A is one lot of record with five (5) theoretical development rights and Tax Map 70, Parcel 32B is one lot of record with three (3) theoretical development rights. The summary of and basis for this determination follows. Tax Map-Parcel, lot Acreage Development Rights TM 70-31, Lot 1 9.82 Acres 4 TM 70-31, Lot 2 9.77 Acres 4 TM 70-31, Lot 3 5.19 Acres 2 TM 70-32A, "Parcel B" 52.62 Acres 5 TM 70-32B, 'Tract 2" 15.274 Acres 3 Total 18 Our records indicate: Tax Map 70, Parcel 31 contains 24.78 acres and one dwelling; Tax Map 70, Parcel 32A contains 52.62 acres and no dwellings, and; Tax Map 70, Parcel 32B contains 15.274 acres and one dwelling. The properties are not within any Agricultural and Forestal Districts. The most recent recorded instrument for these properties is recorded in Deed Book 3081, page 560. Tax Map 70 - Parcel 31 This analysis for this parcel begins with the deed of record in Deed Book 349, page 433 that is dated June 5, 1959. The deed conveyed 24.78 acres, as shown on the plat made by William S. Roudabush, C.L.S., dated June 1, 1959, from William A. & Alice F. Blood to Robert N. Flood. This deed and plat accurately establishes Tax Map 70, Parcel 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-31, 32A & 328 1 LOD 2007-016 Strider.doc 31 as three lots of record of 9.82 acres, 9.77 acres and 5.19 acres, respectively, having a total of ten (10) development rights as outlined in the table above (see attached plat, Deed Book 349, page 435). Deed Book 351, page 357, dated August 14, 1959, conveyed 24.78 acres from Robert N. & Josephine P. Flood to Edward W. & Mildred L. Elverston. The property is described as being the same as was conveyed by Deed Book 349, page 433. This transaction had no effect on the parcels. Deed Book 467, page 421, dated November 21, 1969, conveyed 24.78 acres from Edward W. & Mildred L. Elverston to Mildred L. Elverston. The property is described as being the same as was conveyed by Deed Book 351, page 357. This transaction had no effect on the parcels. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10,1980, is recorded in Deed Book 468, page 343, and is dated January 14,1970. The deed conveyed 24.78 acres known as Tax Map 70, Parcel 31 from Mildred L. Elverston to David V. Strider. This transaction had no effect on the lots of record. Based on this deed, Tax Map 70, Parcel 31 is determined to be three parcels of record with ten (10) total development rights. Deed Book 1574, page 688, dated November 1,1996, conveyed 24.78 acres in a deed of gift from David V. Strider to Betty F. Strider as Trustee for the Betty F. Strider Trust. The property is described as being the same as was conveyed by Deed Book 468, page 343. This transaction had no effect on the parcels. Deed Book 3081, page 560, dated October 4,2005, conveyed 24.78 acres from Betty F. Strider, Trustee for the Betty F. Strider Trust to Yellow Mountain, LLC. The property is described as being the same as was conveyed by Deed Book 1574, page 688. This transaction had no effect on the parcels. Tax Map 70 - Parcel 32A This analysis for this parcel begins with the deed of record in Deed Book 653, page 19 that is dated August 9, 1978. This deed is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed conveyed 52.62 acres known as "Parcel B", the current Tax Map 70, Parcel 32A, from Charles F. Schultz to David V. Strider. Based on this deed, Tax Map 70, Parcel 32A is determined to be a parcel of record with five (5) development rights. Deed Book 1574, page 698, dated November 1, 1996, conveyed 52.62 acres from David V. Strider to Betty F. Strider as Trustee for the Betty F. Strider Trust. The property is described as being the same as was conveyed by Deed Book 653, page 19. This transaction had no effect on the parcel. Deed Book 3081, page 560, dated October 4,2005, conveyed 52.62 acres from Betty F. Strider, Trustee for the Betty F. Strider Trust to Yellow Mountain, LLC. The property is described as being the same as was conveyed by Deed Book 1574, page 698. This transaction had no effect on the parcel. 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-31. 32A & 328 2 LCD 2007-016 Strider.doc Tax Map 70 - Parcel 328 This analysis for this parcel begins with the deed of record in Deed Book 278, page 170 that is dated December 29, 1947. The deed conveyed "about 79 acres" from Harry F. Schultz, et als., the heirs of Charles R. Schultz, to Charles F. Schultz, his son and Ruth C. Schultz, his wife. This deed establishes the parent tract, now Tax Map 70, Parcels 32, 32A & 328 as a parcel of record. Deed Book 653, page 19, dated August 9, 1978, conveyed 52.62 acres off of the parent tract, established above, and left a residue of 25.85 acres as shown on a plat by William S. Roudabush, dated July 31, 1978. This is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. This property is described as being apportion of the same as was conveyed by Deed Book 278, page 170. 8ased on this deed, Tax Map 70, Parcel 32 &328, one parcel at the time, is determined to be the original parcel of record with five (5) development rights. Deed Book 992, page 466, dated May 11,1988, conveyed 15.274 acres from Charles F. Schultz to David V. Strider. The property is described as being "Tract 2" on plat by Robert L. Lum, dated April 8, 1987, which divided the 25.85 acre parcel into two tracts, Tract 1 ,of 10.576 acres, retaining two (2) development rights and the subject parcel, Tract 2, of 15.274 acres, retaining three (3) development rights. It is this transaction that establishes the current number of development rights as three (3) for Tax Map 70, Parcel 328. Deed Book 1576, page 523, dated November 15,1996, conveyed 15.274 acres from David V. Strider to Betty F. Strider, Trustee for the Betty F. Strider Trust. The land is described as being the same as was conveyed by Deed Book 992, page 466. This transaction had no effect on the parcel. Deed Book 3081, page 560, dated October 4, 2005, conveyed 15.274 acres from Betty F. Strider, Trustee for the Betty F. Strider Trust to Yellow Mountain, LLC. The property is described as being the same as was conveyed by Deed Book 1576, page 523. This transaction had no effect on the parcel. The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-31, 32A & 326 3 LOD 2007-016 Strider.doc If you have any questions, please contact me. .~ Ronald L. Higgins, AICP Manager of Zoning Administration Copy: GwCarver, Real Estate Supervisor ~Ia Jordan, Clerk of the Board of Supervisors 1:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-31, 32A & 328 4 LOD 2007-016 Strider.doc - 4 ~. RECEIVED. S MEETING "1~:oLlnty Oat.: i 0..3 07 Public Schools ---. ----- 2005-2007 Board/Superintendent Prio~~a Item #:-2_ Clerk's Initials:__. Ei:1 Outcome Measures: Status Report J May 2007 GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong- Learner Standards 1-8) 2006-07 Outcome Measures Status Percentage of students earning an In the 2005-06 school year, 63% of students earned an advanced studies Advanced Studies Diploma diploma, a slight decrease from 65% in 2004-05. Results for the current school year will be reported in the Fall of2007. Percentage of high school graduates In the 2005-06 school year, 60% of high school graduates took one or taking one or more college-level courses more college level course, the same percentage reported for 2004-05. (dual credit, dual enrollment, Advanced However, the number of dual enrollment!dual credit! AP enrollments Placement) or receiving industry/technical increased from 1966 to 2353. Results for the current school year will be certification from a Board approved list reported in the Fall of2007. Percentage of students in grades 9-12 In the 2005-06 school year, the percentage of students in grades 9-12 taking at least one Advanced Placement taking at least one Advanced Placement test increased from 19.6% to test and percentage of scores in each AP 20.3%. Of the students who took an AP test, 78% scored 3 or higher, up scoring rubric (1-5) from 71 % in the 2004-05 school year. Results for the current school year will be reported in the Fall of2007. All three comprehensive high schools are in the top 1000 schools in the spring 2007 Jay Matthews Challenge Index. Percentage by NCLB subpopulations and The course enrollment data for 2005-06 presented in Table I and Table 2 all students participating in show that some NCLB student subpopulations, particularly Black and advancedlhonors level and fine arts Economically Disadvantaged, are underrepresented in Honors classes (as classes at middle and high school compared to White students). Data for 2006-2007 has been collected and will be presented to the Board when it has been analyzed. Percentage of high school students The Division is administering the Standards-based Assessment and developing world languages proficiency Measurement of Proficiency (STAMP). The assessment provides (capable of communicating information on students' reading, writing and speaking level. The conversationally and using print media in ST AMP provides division, school, teacher, and individual student level a non-native language) reports. An example of an individual student level report is provided in the appendix (see Figure I). The assessment results for 2005-06 are presented in Table 3. Results for 2006-07 will be reported to the Board once they have been collected. Percentage of fourth-grade students In the 2006-07, 52.0% offourth-grade students scored at the proficient scoring at the proficient level on the New level in skills on the NSRE, the same percentage as in 2005-06 (see Standards Reference Exam (NSRE) in Figure 2). Only 15.6% of fourth-grade students scored at the proficient Mathematics level in problem solving in 2006-07, a drop from 19.0% in 2005-06. Eight-grade NSRE data shows a smaller skills-problem solving achievement gap (see Figure 3). Percentage of high school students In the 2006-07, 130 seniors participated in a career-focused participating in career-focused internship/work experience, up from 89 in 2005-06 (see Table 4). internships/work experiences M~2007 1 ~'. A~()unty Public Schools 2005-2007 Board/Superintendent Priorities Jriority 1.2 In partnership with the community, school staff will create and/or maintain a school climate that supports students and staff to demonstrate ethical behavior and respect for diversity through daily actions and decision making; participate fully in civic life, act on democratic ideals within the context of community and global interdependence; and understand and follow a physically active lifestyle that promotes good health and wellness. 2006-07 Outcome Measures Status 90% of all citizens report being satisfied In 2006, 88% of Albemarle County residents reported satisfaction with overall with the system the educational services provided to both children and adults, up from 85% in 2004. In addition, 92.4% of residents with children currently attending Albemarle County Public schools report satisfaction with the quality of education their chi Idren are receiving. Students and parents in NCLB sub- The Division is developing a plan to collect baseline data related to this populations report being satisfied 90% of outcome. the time (or their satisfaction rate increases by identified % each year) Collection of baseline Wellness data The Governor's Scorecard for Nutrition and Physical Activity was (Governor's Scorecard nutrition and completed by the Child Nutrition and PE staff at each schoo\. Five physical fitness data and drivers' schools submitted their results to the state for recognition. Brownsville, education data) Murray Elementary, and Red Hill qualified for the Bronze award, Stone- Robinson qualified for the Silver award, and Agnor-Hurt qualified for the Gold award. Christina Pitsenberger and Regina Kirk are working with the other schools in an effort to have them submit next year. Student Discipline, Bullying and Collection of data in progress, report will be completed July 30th. Discrimination Incident Data Report Community Service and Service Learning . Four Albemarle County high school students received the United data Way Student Service Award for outstanding service. . The following Presidential Service A wards are being awarded for student service: Bronze A ward for 100 hours - 19 students; Silver Award for 175 hours - 2 students; Gold Award for 250 hours - 4 students. . Make a Difference Day - estimated 936,000 hours of student service V olunteer data for each school . The following Presidential Service Awards are being awarded for volunteerism: Bronze A ward for 100 hours - 13 volunteers; Gold Award for 250 hours - 6 volunteers. . The FISH/JABA program - has 25 volunteers with work focused in the elementary schools. . New division-wide volunteer partnerships - Thomas Jefferson Area Food Bank, UV A Athletics, and First Baptist Church Senior Group. . Day of Caring 2006 - 451 volunteers completed 52 projects. . With II schools reporting, estimated amount of volunteer time in schools was 15,445 hours, computed at the dollar value of volunteer time, worth $28,990. . Albemarle High School is successfully using School Check-in to track volunteer hours. Two additional schools will pilot the model in 2007-08. May 2007 2 /~ t\~:ounty Public Schools 2005-2007 Board/Superintendent Priorities Priority 1.3 K-12 vertical teams in all core areas will identifY additional strategies and actions necessary to increase instructional rigor and high achievement across grade levels with particular emphasis on transition grades, Pre K - K, 5-6 and 8-9. Recommendations for changes and budget implications will be reported to the Board. 2006-07 Outcome Measures Presentation ofYertical Teams' Report to Board by February 2006 Status The Division supports vertical teams in 4 core academic content areas: language arts, mathematics, history and social studies, and science. All four teams are actively developing concept-centered curriculum frameworks for their disciplines which have been incorporated into the Framework for Quality Learning. The English Language Arts framework and the History and Social Studies framework were presented to the Board in 2006. The Mathematics framework and the Science framework will be presented to the Board in June 2007. Priority 1.4 A middle school program guide containing baseline expectations and standards for the Division's middle school program will be developed and presented to the Board for proposed implementation in 2006-2007. 2006-07 Outcome Measures Presentation of a new middle school program guide along with a plan for its use as a communications tool with parents, students, and staff to the Board for approval by Januarv 2006 May 2007 Status Presented to Board on December 81n, 2005. The guide has been published and distributed to schools. Middle schools continue to implement baseline expectations outlined in the guide. 3 Priority 1.5 ~'. r\1~ounty Public Schools 2005-2007 Board/Superintendent Priorities The Design 2005: Framework for Quality Learning instructional model will be implemented in all classrooms and assessed through: · teacher and administrative performance appraisal processes · student achievement measured by multiple indicators of performance · feedback from teachers regarding effectiveness of staff development programs. 2006 -07 Outcome Measures Progress in closing achievement gaps for NCLB subgroups Improvement in student writing as measured by SOL and Division writing prompts Improvement in problem-solving ability as measured by NSRE Implementation of a balanced Division- level assessment model Teacher feedback on professional growth opportunities including participation in the Teacher Perfonnance Appraisal May 2007 Status Trend data reported to the Board in 2005-06 Annual Progress Report shows progress in closing the achievement gaps for African American students, economically disadvantaged students, limited English proficiency students, and students with disabilities in reading. The trend data also shows progress in closing the achievement gaps for African American and Limited English Proficiency students in science. Similar gains were not seen in mathematics. The Division made A YP for the first time in 2005-06. Results for the current school year will be reported in the Fall of2007. Preliminary results for the 2006-07 school year indicate a slight increase in SOL writing scores at grades 5 and 11, and a slight decrease at grade 8 (see Table 5). According to preliminary data, the Division pass rate for grade II for each ethnic group exceeded 80% in 2006-07. Grade 8 pass rates for African American, Hispanic, economically disadvantaged, and students with disabilities range from 59.4% to 68.0%. Elementary pass rates for all membership groups range from 70.3% to 100%. A final report will be provided to the Board as the data becomes available. In the 2006-07 school year, 15.6% of fourth grade students met the standard in the problem-solving ability component of the NSRE (see Figure 2). This is a decrease from 19.0% in 2005-06. At the eighth-grade level, 37.3% met the standard, down slightly from 39.0% in 2005-06 (see Figure 3). The Office of Assessment and Infonnation Services and the Office of Curriculum, Instruction, and Technology have worked with schools to support the implementation of common assessments. The Division will implement a data warehouse, including an assessment bank with items mapped to Virginia SOL, prior to the start of the 2007-08 school year. Based on responses collected from 149 teachers and 15 administrators at the end of the 2005-06 school year, the Teacher Perfonnance Appraisal process had an overall positive impact. Teachers and administrators reported that the Teacher Performance Appraisal had a positive impact on professional growth and development (see Table 6). Data collected at the end of the 2006-07 will be included in the Annual Progress Report in the Fall of2007. 4 .~. A~ounty Public Schools . 2005-2007 Board/Superintendent Priorities GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement 2006-07 Outcome Measures Graduation of all students though acquisition of both the coursework and verified credits necessary to obtain a diploma or satisfactory completion of an Individualized Education Plan (fEP) Maintenance by all schools offull accreditation and demonstration of adequate yearly progress towards a 90% SOL pass rate in English and mathematics at each school across all sub-populations specified in the federal No Child Left Behind Act of2001 (LEP, economically- disadvantaged, black, Hispanic, white, and special education students) Scores of 90% of all students as pass proficient or pass advanced on the English and math SOL tests at grades 3,4,5,6,7,8 and end of course tests Increased and successful participation of NCLB subpopulations in advanced/honors classes as measured by advanced and proficiency scores on SOL tests, course grades, and AP participation and exam scores Decreased cumulative dropout rates among NCLB subpopulations Increased engagement of students across all content areas determined through student and staff reporting systems Documentation of timely contact and proactive conferencing with parents of children at risk academically to determine a personalized learning plan reflective of a positive parent-school partnership May 2007 Status Eight hundred and thirty-five (835) out of926 students in the 9th grade class of 2002-03 earned a standard, advanced, special, modified standard diploma, GED certificate, or GED/ISAEP certificate for a completion rate of 90.17%. This was a drop from 94.14% for the 9th grade class of 2001-02. Graduation rates for the 2006-07 class will be reported to the Board in the Fall of2007. All schools were fully accredited in the 2005-2006 school year. Data for the 2005-2006 school year will be available in late July or early August. In addition, the Division met or exceeded state academic and career competency expectations for students enrolled in career and technical education programs. The 2005-06 tar~et of90% pass rate was met on the following tests: 4tn grade reading, 5t grade reading, EOC reading, and Algebra I. Data for the 2005-06 school year will be reported to the Board as the data becomes available. The Division made some gains in pass and advanced pass rates for NCLB student populations. However, it is clear that some NCLB student populations are underrepresented in Advanced Placement courses as reported in the Annual Progress Report. Of the ] 06 dropouts reported in 2005-06, 34.0% were African American and 56.6% were White. The Division is in the process of developing a plan to collect other baseline data related to this outcome and implement prevention and intervention measures prior to students entering high school. Classroom walkthrough data indicate a need to improve the level of student engagement in classrooms across the Division. A significant percentage of classroom walkthrough observations indicate student 'compliance' as opposed to 'engagement' as defined in the Division's observation tool. In 2007-08, the Division will implement an improved electronic support tool which will allow principals and the Superintendent to monitor student engagement trend data. Interest-based school-within-school models, including a charter school proposal that will be evaluated by the Board for possible implementation in 2008-09 and a math-science-technology center at AHS, are under consideration. Schools are responsible for personalized learning plans for students at risk of academic failure. The Office of Intervention and Prevention will implement an electronic reporting system to monitor this work in 2007- 08. 5 ~. {\~:()Ullty Public Schools ' 2005-2007 Board/Superintendent Priorities GOAL 3: Recruit, retain and develop a diverse cadre ofthe highest quality teaching personnel, staff, and administrators Priority 3.1 A cross-functional staff committee will research, share information, and make recommendations to the Board about Division compensation, alternative forms of compensation, benefits and development strategies that attract candidates from within and outside the identified competitive markets and retain employees with focus upon recruitment and retention of a diverse, highly qualified staff. 2006-07 Outcome Measures Status Board report including current progress Presented to Board in December 2006. towards meeting the adopted compensation target, recommendations to revise or continue current actions, and funding implications by November 2005 Increase in the percentage of minority For the 2006-2007 school year, the Division hired] 7 minority teachers staff in Division with focus on and 3 minority administrators. There are currently 88 minority teachers schools/departments that are in the Division, an increase of nine minority teachers over last year underrepresented (] 1.3% increase). Increase in retention of minority and non- Overall teacher retention remained relatively stable over the past five minority staff at ], 3, and 5 years years, between 87.] % and 88.4%, with a retention rate of 88.3% for 2006. Ofthe teachers that left employment over the past year, 45.5% had 0-3 years of experience in Albemarle County. This is the smallest percentage of teachers leaving during their first three years when compared with the last five years. Increase in percentage of minority student The Division is developing a plan to collect baseline data related to this teachers placed in ACPS as a result of outcome. liaisons with regional/statewide higher education institutions Requirement met that 100% of teachers Currently in the Division, 99.03% of teachers meet highly qualified employed in the Division meet highly teacher requirements, up slightly from 98.15% in 2005-06. qualified teacher requirements in areas specified in the federal NCLB Act of 200] regulations Report of recruitment and retention data From July]. 2006 through September 30, 2006, the Division hired 123 for key classified positions that support classified employees, up from 87 hired during the same period in 2005. non-instructional operations within the Retention rates for classified staff have improved over the past three Division years from a low of 77. I % to a high of 8 ] .7% during this past year. Increase in participation in exit interview Of the employees who ended employment with Albemarle County process and provision of data to the during the 2005-2006 school year, 286 received exit surveys. Ninety- School Board nine former employees responded to HR Solutions request for feedback. Overall, there was a return rate of35% for all employees, while 45% of the teachers that were surveyed responded. Although there was a slight increase in the overall percent of returns (3] % for 04-05 as compared to 35% for 05-06), there was a substantial increase in the percent of teachers who responded (33% for 04-05 as compared to 45% for 05-06). May 2007 6 ~~. i\~ounty Public Schools 2005-2007 Board/Superintendent Priorities GOAL 4: Achieve recognition as a world-class educational system Priority 4.1 The strategic planning steering committee will develop a plan for using world class benchmarks as a standard for assessing school and Division effectiveness and communicating progress to the Board and public 2006-07 Outcome Measures Status Collection of baseline feedback to assess The Office of Community Engagement is currently in the process of effectiveness of Division and school- building surveys and databases for collecting feedback from community based communication with community members and parents. The Office of Instruction conducted a central members, including parents office effectiveness survey of principals and assistance principals (attached to the Superintendent's self-evaluation) to establish baseline data. Feedback regarding the proposed changes to the High School Program of Studies, elicited through community forums and the Division's web page, helped inform recommendations made by the Superintendent to the Board. The Division provided opportunities for community input on a variety of topics through a web-delivered mail service. Implementation of the communication The following steps have been taken to implement the communication plan plan: . The Division Calendar and School Talk publications were transferred to the Office of Community Engagement for the 2006-07 school year. Both publications were evaluated and content and design improvements were made as well as process efficiencies. A report to the community on achievements will publish in June. . Developed and implemented a "brand identity" for the division to ensure every communication is consistent and recognizable. . The Superintendent's Advisory Bulletin was created as an internal tool to coordinate and streamline communications from the Central Office to Principals. . Crisis communication procedures continue to be improved. The Alert Now/Emergency School Notification System was implemented in Fall 2007. . Strategic plan informational materials were developed and distributed. . This school year on our website we began offering podcasts of School Board meetings and also provided an e-mail notification system for members of the community who are not parents who would like to receive inclement weather announcements. It is a self-subscribe service. . Information sheets and flyers are developed for important issues and events ranging from inclement weather procedures to housing assistance programs for employees. . We continue publishing Public Service Announcements as needed. . Trainings on key messaging and media relations have been provided through Making Connections and Principals Meetings. Report of a feasibility plan for data The Division is in the process of implementing a data warehouse. The warehouse implementation to the Board tirst phase of implementation will provide principals and teachers access by December 2005 to student achievement data and an assessment item bank beginning in August 2007. Presentation of a Goal 4 Achievement Goal 4 update was presented to the Board on March 28tn, 2006. The Plan to the Board by June 2006 Division has identified the Baldrige National Quality Program Education Criteria for Performance Excellence as our world-class standard. Job- embedded leadership development using Baldrige criteria for continuous I improvement, as well as assessment of the current state of school and division improvement processes, will occur in 2007-08. M~2007 7 -- - -- ~. i\1~~oLlnty Public Schools 2005-2007 Board/Superintendent Priorities GOAL 5: Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals Priority 5.1 Analyze and assess current budget status in terms of available revenue and allocation to personnel, structures, and strategies that support of Board goals and priorities. 2006-07 Outcome Measures Status Alignment of 2006-2007 budget The Department of Fiscal Services aligned initiative funding requests initiatives with new Board goals and with the Division's strategic goals in the Superintendent's Funding priorities Request for 2007-2008. The Board conducted its first budget work session in October 2006 and continued to assess the gap between current and desired states through additional work sessions focusing on technology, mathematics, and student engagement/behavior management. Priority 5.2 Investigate "best practices" of other school systems, both public and private, especially with an eye toward revenue generation and services provided to students. 2006-07 Outcome Measures Status Report of best practices and Goal 5 update was presented to the Board on May 25th, 2006. The Board recommendations to the Board by June is considering conducting a resource utilization study in advance of 2006 development ofthe 2008-09 funding request. The Public Education Foundation has identified funding support for increasing the rigor of math and science programs as the key focus for its fund-raising activities. The Board funded math specialists as a "best practice" strategy to improve student problem solving. May 2007 8 Appendix: Figures and Tables Figure I: Example Student Reportfrom the Standards-based Measurement ofPn~ticief1(.y (STAMP) Inter retlve Reading 2 /Inter High I / Inter Mid I / Inter low I / Novice High Novice Mid Topics Needing Further Study: Food/Beverage, Leisure/Activities, Occupations/Professions, Shopping/Stores, T rave IN acations When reading about introductory topics such as: . clothing . food/beverage . home, family & friends . school/Classroom . leisure & activities found in a variety of simple texts, such as: . advertisements . simple notes and messages . menus . labels . instructions/directions students who are reading at Benchmark level 2 are generally able to: . recognize and understand commonly used words, phrases and expressions. . use visual and contextual clues to assist in comprehension. . sometimes recognize previously learned material when presented in new contexts. May 2007 Writing 2 /Inter High I .: Inter Mid I ; Inter low / Novice High Novice Mid Writing Sample Breakdown' Samole Does Not Meet 1 Standards Samole Meets Standards 2 ~ Meets Standards ~ When writing about introductory topics such as: . clothing . food/beverage . home, family & friends . school/Classroom . leisure & activities and when responding to: . simple requests for personal information . simple, formulaic questions . images of common objects in context students who are writing at Benchmark level 2 are generally able to: . express themselves using basic formulaic phrases and very simple sentences . supply limited information on simple forms and documents, such as names, numbers. and nationality . provide simple descriptions and evaluations Speaking 2 I / Inter High ...Inter Mid i linter low I / Novice High Novice Mid Speaking Sample Breakdovyn: SamDle 1 Meets Standards Sam ole 2 Meets Standards Samole 3 Meets Standards When speaking about introductory topics such as: . clothing . food/beverage . home, family & friends . school/Classroom . leisure & activities and when responding to: . simple requests for personal information . simple, formulaic questions . images of common objects in context students who are speaking at Benchmark level 2 are generally able to: . express themselves using basic formulaic phrases and very simple sentences . state likes and dislikes . express ability . express location . provide simple descriptions and evaluations 9 Appendix: Figures and Tables Figure 2: Fourth Grade New Standards Reference Examination in Mathematics Results Division NSRE Mathematics Grade 4 Percent of Students Achieving the Standard 100.0 .2002 .2003 02004 02005 .2006 .2007 Figure 3: Eighth Grade New Standards Reference Examination in Mathematics Results May 2007 90.0 80.0 70.0 60.0 50.0 40.0 30.0 20.0 10.0 0.0 Skills Conceptual Understanding Problem Solving Division NSRE Mathematics Grade 8 Percent of Students Achieving the Standard 100.0 90.0 80.0 - - .,........,-~~._.._-~-_._,~. ... -~----_'_"'__"'_'-'__""__"_""__ .- ..-----..--.~_.._.____. -__. ___..____~_.__'_'m_.."_~.__.~ 70.0 60.0 50.0 40.0 30.0 20.0 10.0 0.0 Skills Conceptual Understanding Problem Solving . 2006 . 2007 10 Appendix: Figures and Tables Table 1: 2005-06 Percentages ofNCLB sllbpoplllations participating in leveled middle school core classes Course Level # White Black FRL SWD LEP Students # % # % # % # % # % Special 29 7 24.1% 6 20.7% 0 0.0% 9 31.0% 11 37.9% MS Language I 115 60 52.2% 36 31.3% 44 38.3% 70 60.9% 15 13.0% Lang uage Practical 181 112 61.9% 45 24.9% 81 44.8% 81 44.8% 21 11.6% Arts Standard 1026 731 71.2% 212 20.7% 186 18.1% 198 19.3% 59 5.8% Adv/Honors 1529 1326 86.7% 79 5.2% 65 4.3% 80 5.2% 30 2.0% 6-8 Compacted 130 106 81.5% 7 5.4% 5 3.8% 3 2.3% 6 4.6% Practical 237 139 58.6% 60 25.3% 72 30.4% 108 45.6% 25 10.5% MS Math Standard 876 610 69.6% 200 22.8% 186 21.2% 179 20.4% 48 5.5% Adv/Hon 1018 859 84.4% 78 7.7% 76 7.5% 88 8.6% 37 3.6% High School 557 486 87.3% 16 2.9% 18 3.2% 28 5.0% 16 2.9% MS None 1573 1256 79.8% 176 11.2% 167 10.6% 259 16.5% 70 4.5% Social Standard 47 32 68.1% 8 17.0% 18 38.3% 10 21.3% 6 12.8% Studies Adv/Honors 378 326 86.2% 23 6.1% 10 2.6% 23 6.1% 8 2.1% MS None 1386 1088 78.5% 178 12.8% 186 13.4% 211 15.2% 59 4.3% Science Standard 272 176 64.7% 68 25.0% 52 19.1% 77 28.3% 17 6.3% Adv/Honors 372 328 88.2% 13 3.5% 3 0.8% 31 8.3% 10 2.7% ** Enrollment data collected on September 13,2005 Table 2: 2005-06 Percentages ofNCLB subpopulations participating in leveled high school core classes. Course Level # White Black FRL SWD LEP Students # % # % # % # % # % Practical/a) 263 146 55.5% 93 35.4% 102 38.8% 126 47.9% 32 12.2% Standard 709 469 66.2% 180 25.4% 135 19.0% 183 25.8% 25 3.5% HS English Advanced 1087 951 87.8% 81 7.5% 43 4.0% 101 9.3% 19 1.7% Academic 551 371 67.3% 133 24.1% 130 23.6% 74 13.4% 30 5.4% Honors/DE/AP 1270 1137 89.6% 59 4.6% 29 2.3% 47 3.7% 7 0.6% Practical (a,b) 149 75 50.7% 56 37.8% 47 31.5% 68 45.6% 19 12.8% HS Math Standard /a,b) 1038 697 67.1% 267 25.7% 223 21.5% 235 22.6% 48 4.6% Advanced 1338 1139 85.3% 113 8.5% 81 6.1% 105 7.8% 33 2.5% Honors/DElAP 1084 962 89.0% 34 3.1% 25 2.3% 32 3.0% 18 1.7% Practlcal 139 82 59.0% 51 36.7% 52 37.4% 75 54.0% 7 5.0% HS Social Standard 605 372 61.6% 170 28.1% 126 20.8% 167 27.6% 38 6.3% Studies Advanced 993 866 87.4% 78 7.9% 45 4.5% 103 10.4% 11 1.1% Academic 484 328 67.8% 120 24.8% 109 22.5% 65 13.4% 18 3.7% Honors/DE/AP 1491 1328 89.2% 71 4.8% 41 2.7% 59 4.0% 19 1.3% Practical/a) 147 83 56.5% 55 37.4% 60 40.8% 82 55.8% 8 5.4% HS Standard (a) 696 443 63.6% 195 28.0% 146 21.0% 162 23.3% 33 4.7% Science Advanced (a) 1077 918 85.3% 101 9.4% 51 4.7% 112 10.4% 16 1.5% Academic 356 247 69.4% 79 22.2% 93 26.1% 42 11.8% 24 6.7% Honors/DE/AP 1462 1312 90.0% 43 3.0% 28 1.9% 52 3.6% 20 1.4% * * Enrollment data collected on September 13, 2005 May 2007 11 Appendix: Figures and Tables Table 3: Range of Scores on the STAj\;fP 2005-06 % # of Students Score of 1 Score of 2 Score of 3 Score of 4 Score of 5 Proficient Reading 425 26.6% 37.4% 26.4% 6.4% 3.3% 36.1% Speaking 367 31.1% 36.0% 24.3% 5.2% 3.5% 33.0% Writing 216 33.8% 46.8% 13.9% 5.5% 0.0% 19.4% Table 4: Number of Students Participating in Internships and Cooperative Education 2004-2005 2005-2006 2006-07 Internships 57 70 97 Cooperative Education 36 19 23 TOTAL 93 89 120 Table 5: Preliminary SOL Writing Pass Ratesfor 2007 2004 2005 2006 2007 N Division % PassinQ % PassinQ % PassinQ % PassinQ Elementary Total 94.4 90.5 90.4 92.8 838 Middle School Total 84.0 78.4 93.4 88.1 927 HiQh School Total 92.5 91.2 90.6 93.1 869 May 2007 12 Appendix: Figures and Tables Table 6: Teacher Responses Professional Growth and Developmentfor 2006 Elementary Middle High (n=-59) (0=-27) (0=-57) SA A D SD SA A D SD SA A D SD The reflective questions make me think about things in my classroom that I may 6% 64% 24% 6% 9% 41% 41% 9% 4% 48% 44% 4% not have thought about before. As a result of the TP A I have become more 9% 54% 31% 7% 7% 48% 41% 4% 6% 55% 38% 2% reflective about my instructional practices. The self-assessment process is essential to developing as 37% 60% 4% 0% 37% 48% 15% 0% 16% 75% 7% 2% a professional. The self-assessment process made me critically think about my strengths and 24% 61% 15% 0% 19% 63% 19% 0% 13% 58% 29% 0% weaknesses and how these impact my students. As a result of the TP A I have more control over my 12% 49% 36% 3% 7% 63% 30% 0% 9% 54% 32% 6% professional development. As a result of the TP A I am more aware of my own 9% 64% 25% 2% 4% 52% 41% 4% 11% 53% 32% 4% professional needs. May 2007 13 . RECEIVED AT BOS MEETING Date: t/}. 3. 0 7 '7 Agenda Item ,: Clerk's InItials: -~ Annual Progress Report 2005-2006 "We can chart our future clearly and wisely only when we know the path which has led to the present. " .... Adlai E. Stevenson VISION All learners loeNev'el in their :mvlIer to embrace ta excei. and to O'iA'n tnetT OUR GOALS ,. Prepare all students to 1iLlce&ed as mem,bers ot s global rommurntyandin a economy. ~. E:jimins1e the AclllElvement Gap.. S. Recml, retain" and deveAop a cill'orse cadre ot the highe'St quali:ly teaching persormei. staflandj adminia1ratorsL 4. Achie'1o'e reoogmton as a world-dass eOucillticnsl. system. 5. Estabhsh systems for ci!vebpment. al,ocation, and aligr'L'1'1er'it crf resources to. support the Div.sicn's and gools. MISSION ThE! com p;ur--;:)!lSe o.f Albemscrle County SchooLs to establish s. rommunity 0.'1 les.mers ana thrchJgh rgor, reFevance, and one studart at a tme. OUR VALUES .. .. 8' You')g Peoole .. Respect It, -'nlarle C:ountv i Public Schclols 'OVWW. k12albemarl e. org ALBEMARLE COUNTY PUBLIC SCHOOLS 401 McIntire Rd Charlottesville, VA 22902 SCHOOL BOARD MEMBERS Sue B. Friedman - Chair Rivanna District Pamela R. Moynihan - Vice Chair Rio District Diantha H. McKeel Jack Jouett District Barbara Massie Mouly White Hall District Jon Stokes Samuel Miller District Stephen H. Koleszar Scottsville District Brian Wheeler At-Large Member Dr. Pamela R. Moran, Superintendent Bruce Benson, Assistant Superintendent for Student Learning Dr. Luvelle Brown, Executive Director of School and Division Improvement Dr. Trudy L. Clemons, Data Analyst Office of Assessment and Information Services Telephone: 434-872-4569 Web site: www.k12albemarle.org t . ~"", /~,",,~,~-~;, .,.;;..,..~" ;:::;- / A:nJemarle Countv , Public Schools December 14, 2006 Dear School Community, As Superintendent of Albemarle County Public Schools, I am pleased to present the Annual Progress Report 2005-2006. The Division's 2005-2009 Strategic Plan identifies five strategic goals designed to help us accomplish our mission to establish a community of learners and learning, through rigor, relevance, and relationships, one student at a time. The Annual Progress Report contains data and information on the Division's progress in meeting our strategic goals by providing updated status on identified outcome measures associated with each of the goals. An analysis of our status on each of the outcome measures provides direction for future work in helping all students achieve at high levels. As you review the information in this report, you will find that overall, student achievement levels in our schools continue to improve. However, at the same time, you will find areas that are clearly in need of additional focus, particularly in our effort to eliminate the achievement gap, even though the Division made Adequate Yearly Progress for all student populations for the first time in 2005-2006. Central office staff, principal leaders and teachers together assume the significant responsibility that all learners will embrace learning, excel, and own their future. Improvement in the quality of day-to-day engaging instruction occurring in our classrooms will provide the breakthrough we need so that this vision we hold for all learners becomes reality. I believe that the learning improvements we have made represent attention to: · increased learning expectations that all students work at high levels, · teachers' analysis and use of common assessment data. and · structural changes in schedules to provide real-time intervention during the school day. The strategies identified in the Strategic Plan provide a roadmap for meeting the outcomes specified in the Annual Progress Report. The analysis of data and implications for each Goal area provides our community, staff, and School Board with the opportunity to take stock of our progress and guide our future actions. Sincerely, Pamela R. Moran, Ed.D. Superintendent Table of Contents Profile of Albemarle County Public Schools............................................ .............................. 2005-06 School Board/Superintendent Priorities............. ........................................... ...... 11 Goall - Prepare all students to succeed as members of a global community in a global economy. 1.1 Rigorous Academic Learning. ........ .................................... ... ... ..... ............................... 14 1.2 Ethical Behavior and Respect for Diversity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 1.3 K -12 Vertical Teams................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1.4 Middle School Program Guide..................................... ................................ .......... 23 1.5 Framework for Quality Learning.................................... .............................. .... ....... 24 Goal 2 - Eliminate the achievement gap 2.1 High Expectations........................................... ............................................ ...... 28 Goal 3 -- Recruit, retain and develop a diverse cadre of the highest quality teaching personnel, staff, and administrators 3.1 Division Compensation....................................................................................... 34 Goal 4 - Achieve recognition as a world-class educational system 4.1 World Class Benchmarks. . .. . . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. .. . . . .. .. . . . . . .. .. . .. . .. 36 Goal 5 -- Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals 5.1 Analyze and Assess Current Budget........................................................................ 39 5.2 Investigate Best Practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 Appendix A: Enrollment ofNCLB populations in courses.................................................... 42 Appendix B: Gap charts based on A YP trend data.............................................................. 45 Appendix C: Teacher Performance Appraisal survey results..... .............................................. 50 Appendix D: A YP results by school.................................... ........................................... 52 Appendix E: SOL pass rates trends for all NCLB student populations....................................... 55 ALBEMARLE COUNTY DEMOGRAPHY The Albemarle County school division is one of 134 in Virginia. It is the fifth largest in geographical area, encompassing 740 square miles, and has a population of approximately 90,400. The 2005-06 end- of-year enrollment of 12,527 students was 23rd largest in the state. School The Albemarle County Schools includes: 2005-2006 End-of- Year enrollment was as follows: 16 elementary schools 5 middle schools 3 comprehensive high schools 1 non-traditional high school 1 special needs school Elementary 5,720 2,888 3,919 12,527 Middle High Total Albemarle County students also have access to programs at the Charlottesville-Albemarle Technical Education Center (CA TEe), which is jointly operated with the Charlottesville City Schools. *Tables on pages 4-6 show population breakdowns by school, ethnicity, gifted, mobility, free/reduced lunch, and special education. (as of June of each year) 12,600 12,400 12,200 12,000 11,800 11,600 11,400 11,200 11, 000 12,231 12,460"" 12,488" 12,527"""") I 12,396 I I 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 05-06 ~ *Tables on pages 4-6 show population breakdowns by school, ethnicity, gifted, mobility, free/reduced lunch, and special education. - 1 - (For students graduating in 2006) The requirements for a student to earn a diploma are those in effect when the student enters ninth grade for the first time. The Standards of Accreditation require that students take Standards of Learning end-of-course tests, or approved substitute tests, in specified courses in English, mathematics, science, and history/social sciences. S d d D' I tan ar IPJ oma Standard Units of Verified Credits Discipline Area Credit Required Required English 4 2 Mathematics I 3 1 Laboratory Science 2,5 3 1 World History I & ll/World Geographv 5 1 lofany USN A History I of these USN A Government I Hcalth and Physical Education 2 Fine Arts or Career Technical Education I Electives 3 6 Student Selected Test 4 I Total Credits 22 6 At least two math courses from Algebra I, Geometry, Algebra II, or other mathematics courses above the level of algebra and geometry Science courses from at least two science disciplines - Earth Science, Biology, Chemistry or Phvsics This requirement must include at least 2 sequential elective courses that shall provide a foundation for further education or training or preparation for employment A student may utilize additional tests for earning verified credit in computer science, technology, and career and technical education 5 Students who complete a career and technical education (CTE) program sequence and pass an examination or occupational competency assessment or credential or acquires a professional license in a CTE field, from he Commonwealth of Virginia, may substitute the certification, credential or license for (I) the student selected verified credit and (2) either a science or history and social science verified credit when the certification, license, or credential confers more than one verified credit. Advanced Studies Diploma Standard Units of Verified Credits Discipline Area Credit Required Required English 4 2 Mathematics I 4 2 Laboratory Science 2 4 2 World History I & ll/W orld Geography 2 2 of any USN A History I of these USN A Government 1 Foreign Language (3 years of I language or 2 yrs each of 2 languages) 3or4 Health and Physical Education 2 Fine Arts or Career and Technical Education I Electives 2 Student Selected Test 3 I Total Credits 24 9 Courses shall be at or above the level of algebra and shall include at least three different course selections from among: Algebra I, Geometry, Algebra II, or others above the level of Algebra II Science courses from at least three science disciplines - Earth Science, Biology, Chemistry or Phvsics A student may utilize additional tests for earning verified credits in computer science, technology, and career and technical education. - 2 - Pas Albemarle County School Board employed approximately 2,286 people, as follows: Full- Time Part- Time 107 1036 82 350 Average Annual Salary: $46,865.44* Average Years of Teaching Experience: 14.24 3 112 183 235 Administrators Masters: 43.0% Masters + 30: 12.3% Teachers Doctorate Degrees: 2.2% Teacher Assistants Males: 22.6% Females: 77.4% Other Support* Minority: 6.8% White: 93.2% * Full-time teachers' base salary only. * This does not include bus drivers or School Board members. 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(II (II U - - 3: I'll :J (II 0 :J 3: 3: <cO c( a:I a:I a:I 0 0 C) :J: ::E ::E a:: l/) l/) l/) >- a:I :J: .., l/) c( ::E ::E \0 Development A comprehensive professional development program was provided for new and experienced teaching and administrative staff. Approximately four hundred different workshops, seminars, courses, study groups, mentoring and symposia were offered during 2005-06 including school-based workshops in July 2005 for teacher-principal school improvement teams, the 2006 CAI Institute attended by approximately three hundred and thirty five teachers, and the 2005 Making Connections Conference attended by all instructional staff. In addition, approximately fifteen staff members participated in graduate level technology coursework and two hundred fifty five teachers attended technology conferences or workshops. Communication about professional development opportunities was enhanced through the use of the Staff Development! Albemarle Resource Center website that includes the online version of Opportunities catalog, as well as In Box e-newsletter and Making Connections e-newsletter. Staff development support was provided to all schools in the use of the professionalleaming community model which provides job-embedded staff development focus. All administrators participated in approximately 30 hours each of teacher performance appraisal training including classroom walkthrough observation training with administrator and teacher practice teams. All secondary and half of our novice teachers worked weekly with three fulltime novice teacher advisors to build long-term mentor relationships partially funded by the UV A Teachers for a New Era partnership with the Division. In addition, five half-day workshops were conducted to address the designated Teacher Performance Appraisal power standards for novice teachers. Three central development days were used to support teachers and central instructional staff in the collaborative development of curriculum frameworks and instructional best practices. The school calendar was revised by staff for 2005-06 to provide more time for school-based staff development. Through the Professional Development Reimbursement Program, 562 teachers and administrators received funding to support their professional growth during the 2005-06 school year. Data collected from Division staff development workshops, courses, the CAI Institute and the Making Connections Conference indicated that overall teachers find staff development programming to be 'useful' or 'very useful' to their instruction and management in classrooms. - 7 - Prog In 2005-06 Albemarle County offered 16 elementary schools, five middle schools, one special needs school, three comprehensive high schools, and one non-traditional high school with programs culminating in standard or advanced studies diplomas for students. In addition, the city of Charlottesville and Albemarle County jointly own and operate the Charlottesville-Albemarle Technical Education Center (CATEC). The K-12 general education program prepares students for higher education and for membership in the workforce. In addition to the general educational program, the following programs are provided to support the progress of identified students: Special education programs and services are available to county residents who have children with special education needs. These programs and services are provided for children with disabilities whose second birthday falls on or before September 30th in a given school year through the age of 21 years. Each student receives special education services designed to meet his or her individual needs. These programs are discussed and planned by school personnel, parents, and the student involved. Often instruction is carried out both in the regular and special education classrooms. The student's progress is reviewed at least annually and his/her need for special services is reassessed at a minimum of every three years. For more information, contact the Special Education/Student Services Department at 295- 5885. Approximately 17 percent of students have been identified through a variety of measures as intellectually gifted. A continuum ofK-12 services is available. Elementary students receive differentiated instruction through the combined efforts of the gifted resource teacher and the classroom teacher. Each middle school offers at least two honors classes at each grade level. High school students may take AP and honors courses in core subjects and world languages, may explore topics of interest through the Independent Study Program, and may participate in summer residential Governor's School. At all levels, enrichment opportunities, guidance services, and acceleration options are available to meet students' needs. Identification for the gifted program is ongoing; however, most services are available to all students whose interest and readiness indicates they would benefit. Teachers, parents, principals, community members, and students may nominate a student for consideration. School-based selection committees review the student profile and gather information about achievement, ability, critical thinking and problem solving skills, and creativity to determine if a student meets the criteria. For more information, contact the Department of Instruction at 296-5820 or the gifted resource teacher at the school. - 8 - Title I is a federally funded program designed to help children meet challenging content and student performance standards. The purpose of Title I is to enable schools to provide opportunities for children served to acquire the knowledge and skills contained in the state's performance standards that all children are expected to meet. Title I embraces fundamental strategies to address the needs of the children served: a school-wide focus on improving teaching and learning; flexibility at the local level in tandem with clear accountability for results; more focused targeting of resources on the neediest schools; and stronger partnerships between schools and communities to support the achievement of children served. Albemarle County focused its Title I resources on the teaching of reading/language arts to students in schools with the highest percentage of free/reduced lunch children. Schools receiving Title 1 funds are Agnor-Hurt, Brownsville, Cale, Crozet, Greer, Red Hill, Scottsville, Stony Point, Stone-Robinson, Woodbrook, and Yancey. Students are selected based on their academic performances, and their progress is carefully monitored throughout the school year. For more information, contact the Federal Programs Department at 296-3872. ) The ALPS program is a School Board initiative providing additional funding to support students at risk of not meeting academic standards. Reading/Language Arts is the focus area; student participation for intervention is based on academic performance, and student progress is assessed using the same instrument in all schools. The project's goal is to improve significantly the performance of students who are currently not achieving success. The program is designed to discover and implement successful strategies. Strategies being used include tutorial services, after-school instruction, parent/child literacy, summer enrichment and remediation, special classrooms, and differentiated deployment of staff. For more information, contact the Federal Programs Department at 296-3872. ) More than 1,200 Albemarle County elementary students are enrolled in after-school programs at their schools each day from the time schools dismiss until 6:00 p.m. These programs offer enriching experiences in art, science, nature, sports, outdoor recreation, and a variety of supplemental classes. Homework and tutoring assistance may be provided. These programs are financially supported by tuition and fees charged for participation. financial assistance through fee reductions may be available for families who qualify. - 9 - Since it was established in 1988, Murray High School has served as an alternative to the Division's 3 comprehensive high schools. Murray High School has received public charter school status, and was the first high school to become a Glasser Quality School. In the 2005-06 school year Murray High School served 108 students. Students at Murray represent a wide variety of interests, talents, and personalities. The Murray student is one who has found that the traditional high school does not meet their academic and/or personal needs. The Enterprise Center provides an alternative placement educational setting for students who have not been successful in a base school setting at the middle- or high-school level. The center provides opportunities for students to experience success in an atmosphere where students feel comfortable, work at their own pace, and learn to make appropriate choices. Adult Basic Education (ABE) provides instructional services to adults whose academic skills are below the 12th grade level. Services help adults improve their basic skills, prepare for the GED exam, learn English as a Second Language (ESL), and learn together with their children, Students performing below the 9th grade level are targeted. General Adult Education (GAE) provides instructional services to meet the needs of adults who are working toward a high school diploma. Evening high school classes are offered to these students. For more information, contact the Adult Education department at 296-3872. - 10 - 2005-06 School Board/Superintendent Priorities The School Board/Superintendent Priorities are designed to support the Division's Mission and five System Goals, which have been formally adopted in Albemarle County School Board Policy AE. The Priorities are organized based on the five System Goals. Much of the evidence of progress on System Goals and Board Priorities is documented in the Division's Annual Progress Report. Vision All learners believe in their power to embrace learning, to excel, and to own their future. Mission The Albemarle County Public Schools' core purpose is to establish a community of learners and learning, through rigor, relevance, and relationships, one student at a time. Goall - Prepare all students to succeed as members of a global community and in a global economy. Priority 1.1 - Rigorous Academic Learning Outcome Measures: · Percentage of students earning an Advanced Studies Diploma · Percentage of high school graduates taking one or more college-level courses (dual credit, dual enrollment, Advanced Placement) or receiving industry/technical certification from a Board approved list · Percentage of students in grades 9-12 taking at least one Advanced Placement test and percentage of scores in each AP scoring rubric (1-5) · Percentage by NCLB subpopulations and all students participating in advancedlhonors level and fine arts classes at middle and high school · Percentage of high school students developing world languages proficiency (capable of communicating conversationally and using print media in a non-native language) · Percentage of fourth-grade students scoring at the proficient level on the New Standards Reference Exam in Mathematics · Percentage of high school students participating in career-focused internships /work expenences Priority 1.2 - Ethical Behavior and Respect for Diversity Outcome Measures: · 90% of all citizens report being satisfied overall with the system · Students and parents in NCLB sub-populations report being satisfied 90% ofthe time (or their satisfaction rate increases by each year) · Collection of baseline Wellness data (Governor's Scorecard nutrition and physical fitness data and drivers' education data) · Student Discipline, Bullying and Discrimination Incident Data Report · Community Service and Service Learning data · V olunteer data for each school Priority 1.3 - K-12 Vertical Teams Outcome Measures: · Presentation of Vertical Teams' Report to Board by February 2006 - 11 - Priority 1.4 - Middle School Program Guide Outcome Measures: · Presentation of a new middle school program guide along with a plan for its use as a communications tool with parents, students, and staff to the Board for approval by January 2006 Priority 1.5 - Framework for Quality Learning Outcome Measures: · Progress in closing achievement gaps for NCLB subgroups · Improvement in student writing as measured by SOL and Division writing prompts · Improvement in problem-solving ability as measured by NSRE · Implementation of the balanced Division-level assessment model · Teacher feedback on professional growth opportunities including participation in the Teacher Performance Appraisal I Goal 2 - Eliminate the Achievement Gap Priority 2.1- High Expectations Outcomes Measures: . Graduation of all students though acquisition of both the coursework and verified credits necessary to obtain a diploma or satisfactory completion of an Individualized Education Plan (IEP). · Maintenance by all schools of full accreditation and demonstration of adequate yearly progress towards a 90% SOL pass rate in English and mathematics at each school across all sub- populations specified in the federal No Child Left Behind Act of2001 (LEP, economically- disadvantaged, black, Hispanic, white, and special education students) . Scores of 90% of all students as pass proficient or pass advanced on the English and math SOL tests at grades 3,4,5,6,7,8 and end of course tests . Increased and successful participation ofNCLB subpopulations in advanced/honors classes as measured by advanced and proficiency scores on SOL tests, course grades, and AP participation and exam scores . Decreased cumulative dropout rates among NCLB subpopulations . Increased engagement of students across all content areas determined through student and staff reporting systems . Documentation of timely contact and proactive conferencing with parents of children at risk academically to determine a personalized learning plan reflective of a positive parent-school partnership - 12 - . Goal 3 - Recruit, retain and develop a diverse cadre of the highest quality teaching personnel, staff, and administrators Priority 3.1 - Division Compensation Outcome Measures: . Board Report including current progress towards meeting the adopted compensation target, recommendations to revise or continue current actions, and funding implications by November 2005 . Increase in the percentage of minority staff in Division with focus on schools/departments that are underrepresented . Increase in retention of minority and non-minority staff at 1,3, and 5 years . Increase in percentage of minority student teachers placed in ACPS as a result of liaisons with regional/statewide higher education institutions . Requirement met that 100% of teachers employed in the Division meet highly qualified teacher requirements in areas specified in the federal NCLB Act of 200 1 regulations . Report of recruitment and retention data for key classified positions that support non- instructional operations within the Division . Increase in participation in exit interview process and provision of data to the School Board Goal 4 - Achieve recognition as a world-class educational system Priority 4.1- World Class Benchmarks Outcome Measures: . Collection of baseline feedback to assess effectiveness of Division and school-based communication with community members, including parents . Implementation of the communication plan . Report of a feasibility plan for data warehouse implementation to the Board by December 2005 . Presentation of a Goal 4 achievement plan to the Board by June 2006 Goal 5 - Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals Priority 5.1- Analyze and Assess Current Budget Outcome Measures: . Alignment of 2006-2007 budget initiatives with new Board goals and priorities Priority 5.2 - Investigate Best Practices Outcome Measures: . Report of best practices and recommendations to the Board by June 2006. - 13 - GOAL 1: Prepare all students to succeed as members ofa global community and in a global economy. Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong-Leamer Standards 1-8) Outcome Measure: lercentage of students earning an Advanced Studies 9iploma STATUS In the 2005-06 school year, 63% of students earned an advanced studies diploma, a slight decrease from 65% in 2004-05. . Albemarle County continues to have a high percentage of students graduating with an advanced studies diploma (Figure I). . This high percentage is a result of an emphasis on students taking more rigorous classes beginning at earlier grades: o School counselors and teachers have raised awareness about the differences in diplomas and are proactive about making sure students are meeting the high level of requirements for earning an Advanced Studies Diploma. o The ability of students to access high school courses in Division middle schools (Algebra and world languages) starting in seventh grade provides a head start in earning the number of credits needed for an Advanced Studies Diploma. Figure 1: ACPS vs. Virginia; Percent of Advanced Studies Diplomas Earned ANALYSIS 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% IfIACPS .Virginia 2002-03 2003-04 2004-05 2005-06 - 14 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong-Leamer Standards 1-8) Outcome Measure: Percentage of high school graduates taking one or more college-level courses (dual credit, dual enrollment, Advanced Placement) or receiving industry/technical certification ftom a Board approved list. STATUS Sixty percent of the high school graduates in 2005-06 took one or more college level course during their high school career. · The percent of high school graduates taking one or more college level course during their high school career remained the same as last year (60%,) · The Division had a steady increase over the past seven years in enrollment of students (grades 9- 12) in college level courses, with a 20% increase from 2004-05 to 2005-06 (see Table 1). Table 1: College Level Course Enrollment Trends Students Grades 9-12 ANAL YSIS # Dual # of Dual % of Graduates #AP Enrollment and Enrollment/Credit Taking One or Enrollments Dual Credit and AP Enrollment More College Course 99-00 788 788 00-01 916 916 01-02 1126 61 1187 50% 02-03 1166 180 1346 54% 03-04 1361 257 1618 48% 04-05 1539 427 1966 60% 05-06 1677 676 2353 60% - 15 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy, Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong-Learner Standards 1-8) Outcome Measure: Percentage of students in grades 9-12 taking at least one Advant:ed Placement test and percentage of scores in each AP scoring rubric (1-5) STATUS The percentage of students in grades 9-12 taking at least one Advanced Placement test increased from 19.6% to 20.3% in the 2005-06 school year. Of the students who took an Advanced Placement test, 78% scored 3 or higher, up from 71 % in the 2004-05 school year. . Over the past four years the ratio of students enrolled in AP courses to the number of AP exams has increased to 86% (Table 2). . The percent of student scoring 3 to 5 on AP exams held constant even while numbers of students taking exams increased, and saw a gain this year to 78% . The increase in students taking AP exams is related to the following factors: o an increase in the number of students taking AP courses o an increase in communication of benefits of college coursework to students/families/community, including publication of data about colleges that accept college course work (AP, dual credit, dual enrollment) o access to Division funds to support AP testing for students in need ANAL YSIS Table 2: Advanced Placement Enrollment, Exams, and Scores 2002-03 to 2005-06 #AP #AP 0/0 # AP Scores % AP Scores Enrollments Exams Taking 3 to 5 3 to 5 Taken Exam 02-03 1166 878 75% 639 73% 03-04 1361 934 69% 692 74% 04-05 1539 1365 88% 969 71% 05-06 1677 1450 86% 1132 78% - 16 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong-Leamer Standards 1-8) Outcome Measure: Percentage by NCLB subpopulations and all students participating in advanced/honors level and fine arts classes at middle and bi2h school STATUS The 2005-06 course enrollment data presented in Appendix A represents baseline data. Although data was collected in 2004-05 it was not broken down as extensively as the 2005-06 data and therefore comparisons will not be made. It is clear that some NCLB student populations, particularly Black and Economically Disadvantaged (FRL), are underrepresented in Advanced and Honors classes. ANAL YSlS When compared with the Division student population, the data indicates a disproportionately high representation of Black and economically disadvantaged students in practical and standards courses, and a disproportionately low representation of Black and economically disadvantaged students in advanced and honors courses. Outcome Measure: Percentage of high school students developing world languages proficiency (capable of communicating conversationally and using print media in a non-native language) During the 2005-06 school year, the Division administered the Standards-based Assessment and Measurement of Proficiency (STAMP) to all students in French III, German III, and Spanish III. The assessment provides information on students' reading, speaking, and writing level of languages. Only the Spanish III students completed the writing component of the assessment. Baseline data is presented in Table 3. A score of three is indication of proficiency based on the American Council on the Teaching of Foreign Languages (ACTFL) standards. Table 3: Range of Scores on the STAMP STATUS % # of Students Score of 1 Score of 2 Score of 3 Score of 4 Score of 5 Proficient Reading 425 26.6% 37.4% 26.4% 6.4% 3.3% 36.1% Speaking 367 31.1% 36.0% 24.3% 5.2% 3.5% 33.0% Writing 216 33.8% 46.8% 13.9% 5.5% 0.0% 19.4% ANALYSIS · The data provided above represents baseline data for the Division. · The STAMP provides Division, school, teacher, and individual student level reports. · In 2005-06, teachers on a voluntary basis had access to an account to use ClassPak. This is a supplemental teaching tool that is the same format as the STAMP test. In 2006-07, all teachers (except Latin, Chinese and Arabic) will be provided with an account in order to ensure that ALL students have experienced the format of the test before taking it in the spring. - 17 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.1 All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners Lifelon -Leamer Standards 1-8 STATUS In the 2005-06 school year, 29% of fourth-grade students met the standard for the overall mathematics score on the NSRE in Mathematics; 19% met the problem-solving standard; 34% met the conceptual understanding standard; and 52% met the skills standard. In the 2005-06 school year, the NSRE was administered to eighth grade students for the first time. This year established baseline data; 39.2% of eighth grade students met the overall mathematics standard, 39.0% met the problem-solving standard, 36% met the conceptual understanding standard, and 55% met the skills standard. . There was a slight decrease in the percent of students meeting the standard in all components of the NSRE (see Figure 2). Figure 2: Fourth Grade New Standards Reference Examination in Mathematics Results 100,0 90,0 80.0 70.0 60.0 50.0 ANALYSIS 40.0 30,0 20.0 10.0 0.0 Skills 112002 112003 02004 02005 112006 Conceptual Understanding Problem Solving Overall Mathematics . This decline may be in part related to the time of testing. This year the NSRE was administered in the fall rather than in the spring, four months earlier than it was administered in 2004-05. . Students continue to perform best on questions related to skills, and have the most difficulty on problem solving questions. - 18 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority ],] All elementary, middle, and high school students will successfully engage in more rigorous academic learning essential to acquiring successful careers and the behaviors of lifelong learners (Lifelong-Leamer Standards 1-8) 0utcome M.easure: Percentage of bigh school students participating in c8reer-fncused intemslipsfworfC experiences STATUS In the 2005-2006 school year, 2.2% of high school students participated in career-focused internships/work experiences. · This was a slight decrease from last year (2.3%). There were more students participating in internships in 2005-2006 and fewer students participating in the cooperative education (see Table 4). · In the 2005-06 school year, school counselors met to determine barriers to developing career plans that include an internship experience for all high school students. · The Piedmont Virginia Business-Education Alliance (PVBEA), conceptualized at the end of the 2005-2006 school year, should be a factor in helping the Division increase the number of students participating in career-focused internships/work experiences through researching, planning and scheduling of age-appropriate programs for business awareness, exploration and preparation. ANAL YSIS Table 4: Number of Students Participating in Internships and Cooperative Education Internships 2004-2005 57 2005-2006 70 Cooperative Education 36 19 TOTAL 93 89 - 19 - GOAL 1: Prepare all students to succeed as members ofa global community and in a global economy. Priority 1.2 In partnership with the community, school staff will create and/or maintain a school climate that supports students and staff to demonstrate ethical behavior and respect for diversity through daily actions and decision making; participate fully in civic life, act on democratic ideals within the context of community and global interdependence; and understand and follow a physically active lifestyle that promotes good health and wellness. '"' ~ III_me ..UJ7€: ~Q~ ~IIR eitizens rClIOm lei. salllll BV'~rBR1.ti tI~ syst~m"i" ' i, S T :. ~ v J' '''S'? ;.;~ / ;. ~ c0 '" ", p ~ STATUS In 2006, 88% of citizens reported satisfaction with the quality of education in the Albemarle County Public Schools. . In 2006, there was a slight increase in the percentage of citizens reporting satisfaction with the quality of education in the Albemarle County Public Schools, up from 85%. Of respondents who have children who currently have children in the Albemarle County Public Schools, 92.4% are satisfied with the quality of education that their children are receiving. Approximately 61.4 percent reported that they were very satisfied. ANAL YSlS . STATUS In the 2006 citizen survey, the University of Virginia Center for Survey Research reported that there were no significant differences related to the satisfaction with the quality of education based on the ethnicity of the respondent. The Division is developing a plan to collect more baseline data related to this outcome. STATUS The Governor's Scorecard for Nutrition and Physical Activity was completed by the Child Nutrition and PE staff at each school. Four schools submitted their results to the State for recognition. Brownsville, Murray Elementary, and Red Hill qualified for the Bronze award, and Agnor-Hurt qualified for the Gold award. ANAL YSlS Physical education coordinators are working with the other schools in an effort to have them submit their results to the State for recognition next year. - 20- GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.2 In partnership with the community, school staff will create and/or maintain a school climate that supports students and staff to demonstrate ethical behavior and respect for diversity through daily actions and decision making; participate fully in civic life, act on democratic ideals within the context of community and global interdependence; and understand and follow a physically active lifestyle that promotes good health and wellness, (!)ut'eome Measure: Student Discipline, Bullymg and Discrimination Incident Data Repultt The Discipline, Crime and Violence report was submitted to the state in July 2006. Data for two years are presented in Table 5. Comparisons should not be made from one year to the next as definitions of Physical Violence, and Fights has changed from 2004-05 to 2005-06. STATUS Table 5: Discipline Crime and Violence Data 2004-05 to 2005-06 2005-06 2004-05 Physical Violence Serious 55 23 Physical Violence Fi hts 72 63 Possession of Firearms 1 o Possession of Other Wea ons 19 26 ANAL YSIS The data for the first quarter show that o 96% of our middle and high school students behave appropriately or have only minor disciplinary infractions for which they are not suspended from school. o Eighty-four percent of students have had no referrals at all or referrals just for tardies, attendance is at 97.32 % and 44% of students made the first quarter honor roll. o Less than 0.1 % of students appeared before the School Board. (luteome Measure: Community service and service learning data; cVolunt4.!er data for eacll Bbool STATUS · Students in the 12th grade are expected to complete a minimum of 10 volunteer and/or community service hours. · One hundred percent of schools participated in Make-a-Difference Day, providing more than 936,000 hours of service. · In addition, schools reported an additional estimated 17,376 hours of student community service/service learning and volunteerism for the 2005-06 school year. · Four hundred thirty-eight community volunteers participated in 68 projects completing 570 volunteer hours in schools during the annual Day of Caring. ANAL YSIS The data presented above represents baseline data for community service, service learning, and volunteer hours and projects. - 21 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority ],3 K -12 vertical teams in all core areas will identify additional strategies and actions necessary to increase instructional rigor and high achievement across grade levels with particular emphasis on transition grades, Pre K - K, 5-6 and 8-9. Recommendations for changes and budget implications will be reported to the Board. '" :' "'~' ~ -;cJ " 1& "') ::;;; ~> ' >: ,. ,,'" ^ ~utcO'm~ Measure: Presentation af~~rticalTeams' Report to Board l)y FebfuaJ!Y 200D STATUS The Division supports vertical teams in 4 core academic content areas: language arts, mathematics, history and social studies, and science. All four teams are actively developing concept-centered curriculum frameworks for their disciplines which have been incorporated into the Framework for Quality Learning. The English Language Arts framework was presented to the Board in May 2006, and the Social Studies framework was presented to the Board in August 2006. The other discipline frameworks will be presented to the Board during 2006-2007 school year. . The vertical teams in the four content areas continue to work on completing and modifying their concept based curriculum frameworks. Language Arts has begun pilot implementation during the 06-07 school year with lead teachers and framework advisors taking a lead role in disseminating the concept based approach to the classroom teacher. . History and Social Sciences presented their framework in August for conceptual agreement and are currently planning for dissemination and implementation. ANAL YSlS . Mathematics will complete their work prior to the winter holiday break and use the spring to collect feedback for minor revisions before presentation to the board this spring. . Science will also complete their work this winter in preparation for presentation to the Board this spring. The science vertical team has been working on a web-based model that will allow teachers to access the curriculum from either a content or a concept based approach. - 22 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.4 A middle school program guide containing baseline expectations and standards for the Division's middle school program will be developed and presented to the Board for proposed implementation in 2006-07. <)utcome Measure: Presentation of a new middle school program tmide along with a plan for its use as a cDmmunications tool with parents, students, and staff to the Board fDr approval by JanuaQ 2_ STATUS Presented to Board on December 8th, 2005. The guide has been published and distributed to schools. ANAL YSIS · The middle school guide was distributed at the beginning of the 06-07 school year. The guide clearly articulates the programmatic changes agreed upon through the work of the middle school principals, Movement to a consistent block schedule is now in place at all 5 middle schools. · Additional technology has been purchased and training provided to support updated career and technical education offerings at the middle schools. - 23 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1.5 The Design 2005: Framework for Quality Learning instructional model will be implemented in all classrooms and assessed through: · teacher and administrative performance appraisal processes . student achievement measured by multiple indicators of performance · feedback from teachers regarding effectiveness of staff development programs , 1 OU{tUme .easure: "It_ess m 011_1 a~llievement galS for H~[iB IttlgJ:.oum. ' \i: I ' STATUS Three-year trends from the state released A YP data demonstrates that the Division has made some progress in closing the achievement gaps (see Appendix B). . Trend data shows progress in closing the achievement gaps for African American students, economically disadvantaged students, limited English proficiency students, and students with disabilities in reading. The trend data also shows progress in closing the achievement gaps for African American and Limited English Proficiency students in science. Similar gains were not seen in mathematics. . ANAL YSIS . OUtcome Measure: Implementation of tile balanced Division-level assessment model In the 2005-06 school year, the core coordinators in collaboration with classroom teachers developed Division pre- and mid-year assessments. These assessments reflected SOL test content and style. Work with the Framework Advisors has focused on assessment literacy with an emphasis on ST A TUS balanced assessment. Sessions related to balanced assessment will be held at the 2006 CAI Institute. Professional Learning Community (PLC) teams at many schools have begun to develop common assessments. The Framework advisors and CAI participants will be able to collaborate with their school level teams to review common assessments with a focus on balanced assessment. . Albemarle County continues to focus on developing assessment literacy through work with the Framework Advisors and PLC teams. ANAL YSIS . Baseline data on the Division mid-year assessments was collected in order to review the quality of the assessments and determine the extent to which these assessments give us information on the performance of students on SOL tests. - 24- GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority ],5 The Design 2005: Framework for Quality Learning instructional model will be implemented in all classrooms and assessed through: · teacher and administrative performance appraisal processes · student achievement measured by multiple indicators of performance · feedback from teachers regarding effectiveness of staff development programs Outeome Measure: Improvemeut in student writing as measured by SOL and Division writing prompts: ' STATUS ANAL YSIS In the 2005-06 school year the percent of students scoring proficient on the SOL Writing test increased significantly in grade 8, and remained above 90% in grades 5 and 11 (Table 6). In addition there was an increase in the advanced pass rates at all grade levels. Table 6: Percent Passing SOL Writing Test 2005-06 Subject Year Total N Pass Adv 2005-06 864 90.2% 50.6% Grade 5 2004-05 917 90.5% 40.0% Writing 2003-04 885 94.3% 44.0% 2005-06 908 93.4% 23.2% Grade 8 Writing 2004-05 1006 78.4% 11.9% 2003-04 969 84.0% 12.7% 2005-06 867 90.1% 45.6% Grade 11 Writing 2004-05 855 90.6% 38.4% 2003-04 930 91.3% 28.9% · The Division has been able to achieve high pass rates in writing through a continuous focus on high quality literacy instruction in classrooms. · The Division provides students direct instruction in decoding, comprehension, writing, and word analysis along with ample opportunities to practice reading and writing throughout the day and across disciplines. · Middle school schedules were adjusted in 2005-06 to provide students a minimum of 90 minutes instruction in language arts at the standard and practicalleveI. - 25 - GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. Priority 1,5 The Design 2005: Framework for Quality Learning instructional model will be implemented in all classrooms and assessed through: · teacher and administrative performance appraisal processes · student achievement measured by multiple indicators of performance · feedback from teachers regarding effectiveness of staff development programs Outcome Measure: Teacher feedback on professional growth opportunities including participation in the Teacher Performance A ppraisaJ STATUS Based on survey results from 149 teachers and 15 administrators, the Teacher Performance Appraisal process had an overall positive impact (see Appendix C). ANAL YSIS Teachers and administrators reported that the Teacher Performance Appraisal had a positive impact on professional growth and development: o Over 85% of teachers at the elementary, middle and high school levels reported that "the self-assessment process is essential to developing as a professiona1." o Over 70% ofteachers at the elementary, middle and high school levels reported that" the self-assessment process made me critically think about my strengths and weaknesses and how these impact my students." o Over 70% of teachers at the elementary, middle and high school levels reported that "setting a goal for the year caused me to be more directed in my planning." - 26- GOAL 1: Prepare all students to succeed as members of a global community and in a global economy. IMPLICA nONS Achievement levels continue to rise in most content areas, particularly at the elementary and high school levels. At the middle school level, student achievement in writing increased significantly across all student populations. However, student achievement on the new sixth- and seventh-grade test in mathematics did not meet expectations. The Division must continue to develop and align curriculum and instructional practices to engage all students. The development and implementation of a high-quality curriculum framework, through the application of the Framework for Quality Learning to each of the disciplines, continues to be a dynamic and ongoing process. Ensuring that all students demonstrate high levels of achievement and acquire the skills and habits of lifelong learners is at the core of this work. As Division expectations for the quality and rigor of student work rise, staff must ensure that assessments used to measure student progress require students to demonstrate understanding on a variety of levels, applying what they know in authentic context. Assessment literacy among the Division's professional teaching and administrative staff impacts what and how achievement is measured and is paramount to raising achievement levels. In addition, the Division must continue to research and implement new structures and strategies to address the learning needs of 21 st Century students, providing relevant interest-based learning choices. The Division's work in researching special centers is a step in that direction. - 27 - GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement STATUS Eight hundred thirty-five out of 926 students in the 9th grade class of 2002-03 earned a standard, advanced, special, modified standard diploma, GED certificate, or GED/ISAEP certificate for a completion rate of 90,17 percent. This was a drop from 94.14 percent for the 9th grade class of 200 1- 02. . Of the 835 students who graduated, only 1 student was awarded a certificate of completion because they did not earn the required number of verified credits. It is probable that some of the students from the 9th grade class of 2002-03 that did not graduate from our Division may have graduated from another division in Virginia. The number of students who do not complete high school remains a cause for concern. ANALYSIS . . CJ)tltcome Measure: Increased engagement ofsmdents across all content areas determined through smdent anitt staff reporting systems We have begun to collect baseline data on student engagement through classroom walkthroughs. This data will be compiled to get Division baseline data. STATUS The Albemarle County Student Council has collected information on the student's perspective related to student engagement. Students shared their findings with the Board on May 25th. ANAL YSIS Work in this area continues. County Student Council members presented a session on student engagement at Making Connections, and are in the process of researching options for greater engagement with the Board. STATUS Schools are responsible for personalized learning plans for students at risk of academic failure. The Division is developing a plan to collect baseline data related to this outcome. - 28 - GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement Outcome Measure: Maintenance by all schools of full accreditation and demonstration of adequate yearly progress towards a 90% SOL pass rate in English and mathematics at each school across all sub.populations specified in the federal No Child Left Behind Act of 2001 (LEP, eeonomically.disadvantaged, black, Hispanic, white, and special education students) All schools continued to be fully accredited in the 2005-2006 school year. In the 2005-06 school year the Division demonstrated Adequate Yearly Progress (A YP) for the first time. Twenty of the 25 schools in the Division were designated as making A YP. The schools that did not make A YP missed the benchmark for either African American students, or economically disadvantaged students, or both (Table 7). Table 7: Status of schools not making A YP based on 2005-06 achievement levels STATUS Math Passing Rates English Passing Rates economically African economically African disadvantaged American disadvantaged American Greer Burley I Henley Jouett Monticello Did not make A yP Made A YP . The A YP benchmarks for all NCLB populations in English were exceeded The A YP benchmarks in mathematics were met for the Division for current year for all groups except African American students, students with disabilities, and students identified as economically disadvantaged. These groups met A YP based on the following objectives: o a 10% decrease in the failure rate of African American students o an addition of the 17% proxy percentage for students with disabilities o a three year average passing rate for students identified as economically disadvantaged The tables in Appendix D provide the mathematics and English results of all schools based on A YP data for all groups of students identified by the No Child Left Behind Act. . ANAL YSIS . - 29- GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement Outcome Measure: Scores of 900/... of all students as pass proficient or pass advanced on the English and math SOL tests at grades 3,4,5,6,7, 8 and end ofcourse (EOe) tests The 2005 target of 90% pass rate was met on the following tests (see Appendix E): STATUS . 4th grade reading . 5th grade reading . EOe reading . Algebra 1 ANAL YSIS . An increase in the passing rate was seen on 10 of the 13 SOL English and mathematics tests that were given in previous years, while pass rates remained consistent on two of the tests. . In the 2005-06 school year new SOL tests were added in reading and mathematics for grades 4,6 and 7. o Reading pass rates on the new tests (grade 4,6 & 7) were consistent with pass rates of reading SOL tests given in previous years. o Mathematics pass rates in 4th grade were consistent with pass rates of mathematics SOL tests given in previous years (grades 3 & 5). o Mathematics pass rates in 6th and ih grade were much lower than pass rates in 8th grade mathematics SOL tests. This lower pass rate was seen across the state of Virginia, The Division received information from the state Advisory Meeting on Middle School Mathematics Performance, and used this information to plan and make adjustments for 2006-07. - 30- GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement Outcome Measure: Decreased cumulative dropout rates among NCLB subpopulatiolls STATUS Of the 106 dropouts reported in the 2005-06 school year, 17.9% were enrolled in SpeciaJ. Education, 34.0% were African American, 10.4% were Hispanic and 56.6% were White. The Division is in the process of developing a plan to collect data related to this outcome for other NCLB populations · The dropout data presented above represents baseline data. · There was an overall increase in the cumulative percent of dropouts (Figure 3). Figure 3: Cumulative Dropout Rates 1998-2006 ANAL YSIS 16 14 12 CI) 10 en III - r:: 8 CI) ~ CI) 6 11. 4 2 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 · When compared with the Division student population, the data above indicates disproportionately high numbers of African American students are dropping out of school. - 31 - GOAL 2: Eliminate the achievement gap Priority 2.1 Support all students to meet high expectations for performance and achievement Outcome Measure: Increased and successful participation of N<kLB subpopulations in advanced/honors classes as measured by advanced and proficiency scores on SOL tests, courSe grades, and AI' participation and exam scores The Division made some gains in pass and advanced pass rates for NCLB student populations. Advanced and proficient pass rates are presented in Appendix E. The course enrollment data presented in Table 8 and Figure 4 represents baseline data. It is clear that some NCLB student populations are underrepresented in Advanced Placement courses. Of the white students who took the AP exam, 79.1% scored 3 to 5, while only 53.1% of black students who took the exam scored 3 to 5, Table 8: AI' Course Enrollment for NCLB Populations Year # White Black FRL SWD LEP Students # 1 % # 1 % # I % # -) % # I % 2005-06 886" 7811 88.1 371 4.2 281 3.2 361 4.1 321 3.6 * Number of students taking one or more AP course STATUS Figure 4: AI' Exam Score by Ethnicity Percent of AP Scores at Each Point ACPS 2005-06 50. 0 ,~~"""''''m'''m'_'_m''_'' ,.~,~__,^_,_,.",____~~"_._._,,,w.,,,~,.~_~_,~~.~_..>~,,.~n',._~',_'.,w<.._,_"_^_,_m 40.0 30.0 20.0 10.0 0.0 A 1504 24.0 -- Black White 2 3 4 5 Possible Scores The Division is in the process of developing a plan to collect other baseline data related to this outcome. . The Division made growth in elementary and high school language arts for all NCLB student populations in both pass and advanced pass rates. . The Division also made gains in elementary math pass rates for White, African American, ANAL YSIS Hispanic, students with disabilities (SPED), and economically disadvantaged (FRL) students. . There was growth in grade 8 math pass and advanced pass rates for White, African American, Hispanic, limited English proficiency (LEP), and economically disadvantaged students. . Pass rates in Algebra 1 and Earth Science were increased for all NCLB student populations, - 32 - GOAL 2: Eliminate the achievement gap IMPLICA nONS Overall, SOL pass rates in most areas continue to improve and Division staff is making some progress in closing gaps in achievement in some areas. However, the Division has failed to demonstrate significant progress to date in meeting the goal of eliminating the achievement gap, despite meeting adequate yearly progress for the first time. African American and economically disadvantaged students continue to achieve below their capability. Furthermore, at the high school level, African American and economically disadvantaged students are overrepresented in practical and standard level classes, as well as underrepresented in advanced, honors, and AP courses. The Division must identify and implement support structures and services to assist all students in realizing their potential. The Division needs to ensure such support structures also meet the needs of students at-risk for dropping out of school. Additional efforts must be made to identify and counteract factors that lead to dropout. - 33 - GOAL 3: Recruit, retain and develop a diverse cadre of the highest quality teaching personnel, staff, and administrators Priority 3,] A cross-functional staff committee will research, share information, and make recommendations to the Board about Division compensation, alternative forms of compensation, benefits and development strategies that attract candidates from within and outside the identified competitive markets and retain employees with focus upon recruitment and retention of a diverse, highly qualified staff. Outcome Measure: Report of recruitment and retention data for key classified positions that support nonw instructional operations within the Division STATUS From July 1, 2006 though September 30, 2006, the Division hired 123 classified employees. This is an increase from the 87 classified employees hired during the same time last year. The retention rate however improved to 81.7%, the highest rate in four years. ANALYSIS The retention rate improved even though the number of new hires increased significantly. This is a result of an increase in the total number of classified employees and a decrease in the total number of terminations. Oiutcome Measure: Increase in participation in exit interview process and provisio.n of data to. the Schoo.l Board STATUS In the 2005-06 school year the exit survey process yielded a 35% response rate. This is an increase from the 2004-05 exit survey response rate of 31 %. ANAL YSIS Even with this positive overall response rate, there was a major increase in the exiting teacher response rate over the two year period (45% in 05-06 from 33% in 04-05). The increase in teacher response is a result of sending the survey to exiting employees by email at the time that the School Board accepted the employees resignation, meaning that in most cases the employee had the survey prior to the end of the school year. - 34- GOAL 3: Recruit, retain and develop a diverse cadre of the highest quality teaching personnel, staff, and administrators IMPLICA nONS The work associated with Goal 3 will help Albemarle County Public Schools maintain a competitive market position. Although minority staffing has increased, continued recruitment and retention efforts in order to increase minority staffing must be made and additional recruitment strategies must be considered. Division efforts to provide high-quality mentoring for novice teachers and professional growth opportunities for veteran teachers must continue in order to develop the highest quality teaching personnel. Additional focus should be placed on professional development opportunities for classified staff in support of the new competency-based classified evaluation process, Albemarle County Public Schools continues to be a great place to work. The most recent data shows the major reasons for teacher turnover are retirement, personal reasons and relocation. For classified employees, the number one reason for leaving was salarylbenefits. The focus on a living wage should help reduce turnover for that reason. - 35 - GOAL 4: Achieve recognition as a world-class educational system Priority 4.1 The strategic planning steering committee will develop a plan for using world class benchmarks as a standard for assessing school and Division effectiveness and communicating progress to the Board and public Outcome Measure: <bollection of baseline feedback to assess effectiveness of Division and school~based communication with communifY members, including parents STATUS . The Office of Community Engagement is currently in the process of building surveys and databases for collecting feedback from community members and parents. . Collaboration begun with Hispanic/Latino Community Relations Coordinator and Southern Hispanic Parent Advisory to create guide to the school Division and to educate regarding parental involvement. . Collaboration begun with local government to produce map of school Division with student registration and school information. ANALYSIS . Initial analysis of surveys has revealed a need for communication with the Hispanic/Latino families in Albemarle County. . Qualitative input has been received from Parent Advisory Council on effectiveness of the communication plan. mutcome :Measure: Report of a feasibility plan for data warehouse implementation to the Board by December 2005 STATUS Information management options, services, and products have been researched by a Division-level information management research team and startup funding is included the 2006-2007 budget. Progress will be reported in the Fall of 2006. ANAL YSIS Benchmarks will be measured against the identified standard for world-class effective communication. - 36- GOAL 4: Achieve recognition as a world-class educational system Priority 4.1 The strategic planning steering committee will develop a plan for using world class benchmarks as a standard for assessing school and Division effectiveness and communicating progress to the Board and public Outcome Measure: Implementation of the communication plan . . . . . . . . STATUS . . . Workshop offered on key message development at Making Connections Conference Creation and maintenance of Superintendent's Advisory Bulletin internal communications web publication for principals Division Annual Calendar published in color and by Community Engagement Office for first time completed and distributed Division School Talk publication completed and distributed for the first time by Community Engagement Office Strategic Plan publications completed, printed and distributed. Completed brochure and wallet cards for anti-bullying program Inclement Weather Procedures information sheet completed and distributed. Entered advertising collaborative with local government for Nuevas Raices Spanish-language newspaper Continued publishing of This Week in Albemarle County Public Schools, media releases and media advisories. Facilitation of media needs and interview coaching for staff continued. Division Identity Project phase three begun with implementation underway. Internal website created with related resources. Department orientations being scheduled. Collaboration begun with Hispanic/Latino Community Relations Coordinator and Southern Hispanic Parent Advisory to create guide to the school Division and to educate regarding parental involvement. · Collaboration begun with local government to produce map of school Division with student registration and school information. · High school summer internship program completed. · Budget initiatives for year two of communications plan completed including expansion of Communications Coordinator position to full-time effective July I, 2006. ANAL YSIS · Improvements have been made in the quality, clarity, and focus of external print communications. · A communication survey will be utilized to extract program implementation effectiveness. · Additional work is needed to formalize internal communication structures and protocols. Outcome Measure: Presentation of a Goal .4 Achievement Plan to the Board by June 2006 STATUS Goal 4 update was presented to the Board on March 28th, 2006. - 37 - GOAL 4: Achieve recognition as a world-class educational system IMPLICA nONS The work related to Goal 4 of the Strategic Plan has identified where improvements need to be made with regard to Division-wide communication and outreach as well as internal communication structures and strategies. Numerous strategies have been implemented to improve communication. Future work will include additional ways to make the work ofthe school Division transparent to all members of the community. Real-time access to achievement data, high-quality assessments, and essential curriculum for teachers and administrators is critical to raising levels of student achievement. Significant work lies ahead as the Division builds a technology infrastructure to support world-class information management. Information management represents one of seven categories of the Baldrige Education Criteria for Performance Excellence. The Division must also begin to conduct a self-analysis in the other six categories: leadership; strategic planning; student, stakeholder, and market focus; faculty and staff focus; process management; and results. - 38 - GOAL 5: Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals Priority 5.1 Analyze and assess current budget status in terms of available revenue and allocation to personnel, structures, and strategies that support of Board goals and priorities. Outcome Measure: Alignment of 2006-2007 budget initiatives with new Board goals and priorities STATUS The Department of Fiscal Services aligned initiative funding requests with the Division's strategic goals in the Superintendent's Funding Request for 2006-2007. ANAL YSIS · In support of the Division-wide strategic goals for the 2006-2007, the Superintendent's Funding Request identified people, materials, and resources essential to accomplish the Board priorities and Strategic Plan. · Funds were identified to support growth and operation increases as well as Division-wide improvements. - 39 - GOAL 5: Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals Priority 5.2 Investigate "best practices" of other school systems, both public and private, especially with an eye toward revenue generation and services provided to students. Dutcome Measure: Report of hest practices and recommendations to the Board hy June 2006 STATUS GoalS update was presented to the Board on May 25th, 2006. ANAL YSIS . Best practices were identified and are currently being implemented including the Board/Staff Work session to gather initial input on budget priorities, . The School Board has funded a grant writer and is using her services to apply for grants that may produce additional revenues for the Division. . The addition of a loss control manager to Human Resources has resulted in reduced worker's compensation and unemployment claims. - 40- GOAL 5: Establish efficient systems for development, allocation and alignment of resources to support the Division's vision, mission, and goals IMPLICA TIONS A collaboration model has been utilized to seek input from various stakeholders on how best to accomplish Goal 5. The need exists for further clarification on how to support future work in Goal 5. 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C':l '"Cl 'E ~ S - "0 l-o ~ I:.L.l * * Appendix B Gap Charts Based on A YP Trend Data - 45 - Figure 1 : Black-White Gap Charts Appendix B Gap Charts Based on A YP Trend Data Percent of Students passing all SOL reading, mathematics and science tests (based on State released A YP data) Reading g' 1 00 1Il 80 ~""~"",,^^._,,.:,~"~'''~'-li ~ ~ (II 60 ~ 40 - s::: ~ 20 ... :. 0 2004 2005 2006 =:= ~~~: I Mathematics Cl 1 00 s::: 'U; 80 1Il I'll CL. 60 . . -+- Black (II .. Cl 40 "_White I'll - s::: (II 20 u ... (II CL. 0 2004 2005 2006 Science Cl 1 00 s::: .~ 80 I'll CL. 60 (II ~ 40 - s::: ~ 20 ... :. 0 . . ---+ 2004 2005 2006 I-+- Black l ~."m White - 46 - Reading Black White 2004 61 87 2005 63 90 2006 73 92 Mathematics Black White 2004 63 88 2005 62 90 2006 56 86 Science Black White 2004 61 90 2005 63 91 2006 70 93 Appendix B Gap Charts Based on A YP Trend Data Figure 2: Economically Disadvantaged Gap Charts Percent of Students passing all SOL reading, mathematics and science tests (based on State released A YP data) Reading Readin FRL Total g> 100 &_.,._____-.-11 2004 57 83 'iij 80 1Il ~ 2005 62 85 I'll CL. 60 I-+- FRL (II 2006 73 89 Cl I'll 40 '.-Total - s::: (II 20 u 1:0 2004 2005 2006 I Mathematics Mathematics FRL Total Cl 1 00 2004 66 85 s::: 'iij 80 2005 67 86 1Il I'll CL. 60 2006 59 82 (II Cl I'll 40 - s::: (II 20 u ... (II CL. 0 2004 2005 2006 Science Science FRL Total Cl 100 2004 64 86 .5 1Il 80 '" -+ 2005 67 87 I'll . CL. 60 . -+- FRL I (II 2006 73 90 Cl '..-" Total I I'll 40 - s::: (II 20 u ... (II 0 CL. , I 2004 2005 2006 L ------.- - 47 - Figure 3: Students With Disabilities Gap Charts Appendix B Gap Charts Based on A YP Trend Data Percent of Students passing all SOL reading, mathematics and science tests (based on State released AYP data) Reading ~ 100 :: 80 I'll CL. 60 (II g' 40 - s::: ~ 20 ... 8:. 0 2004 2005 2006 Mathematics Cl 1 00 s::: - 'iij 80 ... "B 1Il I'll . CL. 60 . . (II Cl 40 I'll - s::: (II 20 u ... (II 0 CL. 2004 2005 2006 l-t- SWD ...~ Total . Science Cl 1 00 "" .5 - - 1Il 80 ... "'" 1Il . . I'll . CL. 60 I=:=~:~ (II Cl 40 I'll - s::: (II 20 u ... I ~ 0 2004 2005 2006 Readina SWD Total 2004 60 83 2005 64 85 2006 73 89 Mathematics SWD Total 2004 65 85 2005 63 86 2006 60 82 Science SWD Total 2004 69 86 2005 72 87 2006 72 90 - 48 - Figure 4: Limited English Proficient Gap Charts Appendix B Gap Charts Based on A YP Trend Data Percent of Students passing all SOL reading, mathematics and science tests (based on State released A YP data) ~ 100 .~ 80 I'll I CL. 60 Q) g' 40 - c: B 20 ~ 0 Cl 1 00 c: .~ 80 I'll CL. 60 (II Cl .5 40 c: ~ 20 (II CL. 0 Cl 1 00 c: .~ 80 I'll CL. 60 Q) g' 40 - c: B 20 ... l 0 Reading 1It~~"~'~~~'~'"W,w".-~~::::I ~. 2004 2005 2006 Mathematics ~~~'-,'-'~~--~ 2004 2005 2006 Science 1It_,.,..""w",w,..,^,.w~-,,::=..I ;=:==;=- "T 2004 2005 2006 j-+- LEP ,w.~Total 2004 2005 2006 ~._-- -+- LEP --8-- T ot~ 2004 2005 2006 =:= ~~:I I 2004 2005 2006 - 49 - Reading LEP 76 69 83 Total 83 85 89 Mathematics LEP 81 80 75 Total 85 86 82 Science LEP 70 74 83 Total 86 87 90 Appendix C Teacher Performance Appraisal Survey Results - 50- Appendix C Teacher Performance Appraisal Survey Results Table 1: Teacher Responses Professional Growth and Development Elementary Middle High (n=-59) (n=-27) (n=-57) SA A D SD SA A D SD SA A D SD The reflective questions make me think about things in my classroom that I may 6% 64% 24% 6% 9% 41% 41% 9% 4% 48% 44% 4% not have thought about before. As a result of the TPA I have become more reflective about my instructional 9% 54% 31% 7% 7% 48% 41% 4% 6% 55% 38% 2% practices. The self-assessment process is essential 37% 60% 4% 0% 37% 48% 15% 0% 16% 75% 7% 2% to developing as a professional. The self-assessment process made me critically think about my strengths and 24% 61% 15% 0% 19% 63% 19% 0% 13% 58% 29% 0% weaknesses and how these impact my students. As a result of the TPA I have more control over my professional 12% 49% 36% 3% 7% 63% 30% 0% 9% 54% 32% 6% development. As a result of the TPA I am more aware 9% 64% 25% 2% 4% 52% 41% 4% 11% 53% 32% 4% of my own professional needs. Table 2: Teacher Responses Impact of Teacher Performance Appraisal Elementary Middle High As a result of the TPA... ( n=-59) (n=-27) (n=-57) SA A D SD SA A D SD SA A D SD I am more focused on student 9% 58% 29% 5% 0% 31% 62% 8% 4% 51% 42% 4% achievement. Students are more aware of why they 12% 59% 26% 3% 8% 32% 56% 4% 2% 33% 59% 6% are learning. There is a greater focus on meeting 10% 55% 33% 2% 4% 35% 50% 12% 2% 55% 38% 6% students' individual needs. 1 review student performance/achievement data more 10% 62% 26% 2% 4% 50% 46% 0% 4% 52% 41% 4% regularly as a tool for guiding instruction. I am more likely to re-teach something if the students have not achieved the 14% 52% 31% 3% 0% 41% 52% 7% 6% 50% 33% 11% objective. SA = Strongly Agree; A = Agree; D = Disagree; SD = Strongly Disagree - 51 - Appendix D A YP Results by School - 52 - Co ~ c .- ..!:: ]~ ~s c. <.:13 ;:s ~ ~ ~ "C: ~ .... ~ C Q., ;;.. < ..;:: .~ ~ '" -= c .c C.l 00 ,:! :c = Q., .... .... = = c U IlJ 1: ~ e IlJ .c < :::e N 0 "I"' -.:t ~ N Lt> l.C) ~ N ~ "- ('i) 00 ~ Q) "I"' -.:t 8 ..... ~ CD ~ CD ~ -.:t 0 en Q) en Q) Q) en Q) Q) Q) en Q) Q) en 00 Q) Q) Q) 00 I j ~ z ,... "- (0 "- f8 CD Q) N ~ 0 ('i) 0 ~ -.:t Lt> -.:t ~ ..... ~ "- ('i) 0> ~ -.:t ~ "- "'" 0 en 0 -.:t ,.... ('f) l.C) ~ 00 00 ,... N CD 00 co 0 -.:t ('f) Q) ..... N N ,... ..... N ..... ,... ..... ..... 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Tucker, Foley, Davis, Benish, Wade REVIEWED BY: r-- LEGAL REVIEW: Yes BACKGROUND: The Commonwealth Transportation Board (CTB) will conduct a public meeting to give citizens and public officials an opportunity to "review and provide comments on projects and programs for inclusion in the Fiscal Year 2009-2014 Six-Year Improvements Program (SYIP)," A public meeting is scheduled for November 1, 2007 at the Virginia Department of Transportation District Offices in Culpeper (http://www.virqiniadot.orq/news/newsrelease.asP?ID=CO_0743).This is the opportunity for the Board of SupeNisors to inform the CTB of the County's interstate, primary road, rail, bicycle, pedestrian and transit improvement priorities. Primary roads are those roads with route numbers below 600, including interstate highways (Route 6, 20, 22, 29, 231, 240, 250 and 1-64). The County has maintained a priority list of improvements for a number of years, and uses this list as the basis for each year's update, The Six Year Interstate and Primary Road Plan process differs from the Secondary Road Plan process in that specific amounts of funds are set aside for secondary road projects in the County, whereas funds for primary road projects are allocated for each construction district, and all primary road projects proposed within all localities in the district compete for those funds. The Culpeper District includes Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Orange and Rappahannock Counties. STRATEGIC PLAN: 3,0 Develop Policies and Infrastructure to Address the County's Growing Needs DISCUSSION: The purpose of the review is for the Board of SupeNisors to determine the transportation projects to recommend for inclusion in the FY 2009-14 SYIP for the Culpeper District. Staff has provided a proposed priority list of improvements which is based on last year's priority list approved by the Board of SupeNisors (Attachment A). Changes proposed by staff are in bold/italic/underline or strikethrough type. In addition to the Priority List (Attachment A), the County also provides a narrative description of the County's project priorities (Attachment B), The most significant changes proposed by staff this year include specific recommendations for providing pedestrian crossings at strategic locations along Route 29 North and Route 250 East. This recommendation is consistent with draft Master Plans for these areas and a recent request by the North Charlottesville Business Council to install crossings along Route 29 North. Staff has also included under Section IV of the Enhancement Projects/Safe Routes to Schoo/ Program projects (Attachment A) a new recommendation for "continued support of the Scottsville Downtown Streetscape improvement project." Other changes to the priority list are focused on status updates, and providing more clarity to existing statements, AGENDA TITLE: Primary Road Improvement Priorities October 3, 2007 Page 2 Recently, the University Architects Office has proposed the development of a joint City, County and University project to improve Ivy Road (Route 250 West) from Emmet Street to the Bypass interchange (Attachment C). The proposal is to implement a recommendation based on a 1994 design study of Ivy Road jointly sponsored by the City, County and University. Improvements in the County's portion of the project would focus primarily on the provision of pedestrian, bicycle and landscape improvements. While the ultimate scope, timing and funding of the proposed project will require further discussion, evaluation and planning with all three parties and VDOT, the concept for the project is consistent with the County's existing and recommended Six Year Plan priorities, specifically: I. Surface Transportation Program (STP Projects) 4. Improvements to Route 250: c. Improve Route 250 West from Emmet Street to the Route 29/250 Bypass. and III. Safety Improvements 1. Construction of pedestrian walkways along primary roads in the County's Urban Neighborhoods and Development Areas as part of road widening/improvement projects. Absent major road improvements, the following roads are prioritized for improvement: d, Route 250 West from the City limits to the Farmington/Ednam entrance(s), Because this concept is generally consistent with the existing and proposed Plan priorities, no additional action, or change to the County Priority List of Improvements, is needed at this time by the Board. County, City, University and VDOT staff will need to further develop the scope, timing and funding aspects of the project and provide this to the governing bodies for further direction/approval. The Board will also need to decide how to handle this year's presentation at the State's public meeting. In the past, Board members have attended the public meeting to make a presentation of the County's requests, However, for the past three years, County Planning staff has attended the meeting to present the County's recommended priorities. The County staff typically works with the MPO staff to provide uniform and complimentary comments regarding transportation needs/recommendations in the area, BUDGET IMPACT: The County is providing its priorities for projects to be funded through the State's interstate, primary and urban system funding, The impact on the budget will be determined after VDOT has identified the projects it will fund in their Six Year Financial Plan. RECOMMENDATIONS: Staff recommends that the Board of Supervisors 1) approve the attached recommended priorities (Attachment A) for primary road system improvements; and 2) provide direction regarding the presentation of the County recommendations and comments. ATTACHMENTS Attachment A - Priority List of Improvements Attachment B - Priority List Narrative Attachment C - Ivy Road Gateway Improvement Project ATTACHMENT A ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR SYIP, FOR PRIMARY ROAD, TRANSIT AND ENHANCEMENT IMPROVEMENTS (OCT086R,2006) (NOVEMBER. 2007) The following are Albemarle County's priorities for each federal funding allocation and each sub-allocation of the Surface Transportation Program (STP) funds. Attachment B provides a more detailed explanation of the priority projects. I. Surface Transportation Program (STP) Undertake projects in The CHART -UNJam 2025 Regional Transportation Study (adopted May 3, 2004). These include: 1, Construct Meadow Creek Parkway from Route 250 Bypass to Rio Road, including the interchange at the Route 250 Bypass. The CTB should make every effort to provide adequate funding and resources to maintain the current construction schedule; 1. Improvements to Route 29 North Corridor: a. Funding of 29H250 Phase 1/ Study, Option B design recommendations. These imorovements include an extra ramo lane on Route 29 North onto the Route 250 Bvoass and an extra lane on Route 29 from Hvdraulic Road (in the City); b, Widening improvements to Route 29 North--construct third lane on northbound and southbound lanes, from South Fork Rivanna River; c. Construct Hillsdale Drive extension from Hydraulic Road to Greenbrier Drive in the City of Charlottesville; and d. Construct Berkmar Drive extension. 2. Widening of Route 20 South, from 1-64 to Mill Creek Drive, including bike lanes and sidewalks, 3. Improvements to Route 250: a, Improve two intersections on Route 250 West: the Tilman Road Intersection (Route 676) and the Owensville Road intersection (Route 678). Otherwise, maintain the current two-lane road configuration from the Bypass to Yancey Mills; b. Improve Route 250 East corridor as recommended in the Pantops Neighborhood Plan (improvements to interchange, pedestrian crossings, parallel road and new bridge/crossing at Rivanna River); and c. Improve Route 250 West from Emmet Street to the Route 29/250 Bypass. 4. Improve Route 240 in accord with the recommendations of the Crozet Master Plan: a, Implement sidewalk plan (per Downtown Sidewalk and Parking Study and Crozet Master Plan); b, Create bike lanes to and in downtown; c. Construct Eastern Avenue, to include the Lickinghole Bridge and a railroad crossing; and d. Construct Main Street east from Crozet Avenue, 5. Widen Route 20 North, from Route 250 to Elks Drive/Fontaine Drive intersection, including bike lanes and sidewalks, 6. Undertake improvements recommended in the Southern Urban Area B Study, including improvements to Fontaine Avenue and possiblo construction of Fontaine Avenue to Sunset Avenue connector road. 7. Improve two intersections on Route 20 (Valley Street) in Scottsville: the Warren Street intersection and the Hardware Street intersection, II. Transit Improvements 1. Regional Transit Authority - Funding for 3 consult:mt to oxplore to suooort establishing a regional transit authority entity with expanded service to Albemarle County and Charlottesville. 2. Expand Existing Service - Funding to expand existing transit service capacity for CTS, JAUNT, RideShare, including capital projects to enhance capital operations (such as bus pull-outs, shelters, etc.). 3. Funding for Transit Operational Costs - Fully fund the State's existing formula share of transit operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. 4. Inter-City Rail-Improve and increase inter-city rail seNice to Albemarle County. The County continues to support the funding and implementation of the TransDominion Express as a means to provide improved inter-city rail seNice within the State. III. Safety Improvements 1. Construction of pedestrian walkways along primary roads in the County's Urban Neighborhoods and Development Areas as part of road widening/improvement projects. Absent major road improvements, the following roads are prioritized for improvement: a. Route 240 in downtown Crozet; b. Pedestrian crossinas at strateaic locations on Rt 29 North. c, Route 250 East in Pantops-extend from the existing sidewalks and orovide oedestrian crossinas at strateaic locations; d. Route 250 West from the City limits to the Farmington/Ednam entrance; e. G.o Route 20 South from City limits to Mill Creek Drive extended. 2. Safety improvements in Crozet area including Route 240 underpass. 3. Reconfigure intersection of Route 22 and Route 250, This project is included in the current SYIP, Provide adequate funding and resources to maintain the current construction schedule. 4, Intersection improvements on Route 250 West at 1) Tilman Road and 2) Owensville Road (noted above). 5. Develop functional plans, including an analysis of safety improvements for Route 22 and Route 231. IV. Enhancement Projects/Safe Routes to School Program 1, Pedestrian Streetscape improvements in downtown Crozet. 2. Beautification of entrance corridors. 3. Construction of bikeway, pedestrian, and greenway improvements as prioritized in the Jefferson Area Bicycle, Pedestrian and Greenways Plan and the County's Comprehensive Plan. 4. Development of portions of the Rivanna River Greenway path system, 5. Removal of non-conforming billboards. 6. Continued suooort of Scottsville Downtown Streetscaoe Imorovement Proiect. V. National Highway System (NHS) The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this area excluding the Route 29 Bypass. VI. Congestion Mitigation and Air Quality Improvement Program This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone or carbon monoxide. . ATTACHMENT B ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR SYIP, FOR PRIMARY ROAD, TRANSIT AND ENHANCEMENT IMPROVEMENTS (OCTOBER, 2006) (NOVEMBER, 2007) The following are Albemarle County's priorities for each federal allocations and each sub-allocation of the Surface Transportation Program (STP) funds. I. Surface Transportation Proaram lSTP) Standard Proiects: The following projects, listed in priority order, are eligible for STP funds. The County supports these projects as referenced. Undertake those projects in the Charlottesville Albemarle Regional Transportation Study (CHART) _ UnJam 2025 (adopted May 3, 2004) eligible for the primary program in the sequence as called for in the February 2, 1992 joint resolution between the City, County and University and agreed to by VDOT. These include: 1, Meadow Creek Parkway from the Route 250 Bypass to Rio Road. The Parkway is the County's highest priority project after Route 29 North, and is of the utmost importance in order to maintain an adequate level of service on Route 29 and to improve the overall roadway system serving the urbanizing area north of the City. This project is being funded in the County's secondary program and has been approved by the Commonwealth Transportation Board (CTB) as a low speed parkway in the City of Charlottesville and the County. The County asks that this section be designed and built in accord with the County's design and alignment recommendations developed with the assistance of an independent consultant and endorsed by resolution of the County Board of Supervisors on June 20, 2001 and approved by the CTB on December 18, 2001, This endorsed design and alignment emphasizes the parkway corridor's potential as a linear park and its relationship to the development of adjacent urban land. The linear park concept is intended to replace Mcintire Park land lost due to the project and, at the same time, link Mcintire Park to the Rivanna Trails Foundation trail along Meadow Creek and the County's urbanizing area along Rio Road. The County requests that the CTB make every effort to provide adequate funding and resources to maintain the current construction schedule for this project. Meadow Creek Parkway/Route 250 Bypass Interchange. The County also supports the construction of the Meadow Creek Parkway interchange at the terminus of the Parkway with Route 250 in the City of Charlottesville. This interchange is essential to the safe and acceptable future traffic operation of this high volume intersection. The County is grateful for the funding earmarked in the Federal Transportation Bill for this interchange. It is recognized that this interchange project, and its funding, is a separate but related project from the Meadow Creek Parkway mainline project. The County requests that the CTB make every effort to provide adequate funding and resources to maintain the current construction schedule for this project. Northern Free State Road (formerly Meadow Creek Parkway Phase II) is being funded in VDOT's Six Year Secondary Road Plan for the county. The County is now studying the concepUalignment of this road as part of the Places 29 Study, an integrated land use and transportation master planning study for the Route 29 North corridor. 2. Route 29 North. This highly urbanized area continues to grow and transportation system improvement needs continue to increase. The County, City, VDOT and the MPO have completed Phase I and Phase II of the 29H250 (US 29 - Hydraulic - 250 Bypass Intersection) Study. The County appreciates continued VDOT and Commonwealth Transportation Board support of initiatives in the Route 29 North corridor. The County, in coordination with the MPO, is currently utilizing VDOT, developer proffered and County general funds to study the concepUalignment of Route 29 North as part of a larger transportation network study for the County's northern development areas from the City limits to the Greene County line, This study, a component of the County's Places 29 Study, will include a comprehensive and integrated evaluation of both transportation and land use issues and planning to establish a series of land use recommendations, transportation network improvements and multi-modal approaches that will support the northern development areas and the Route 29 Corridor. a) The County requests that VDOT plan for the funding of the 29H250 Phase II Option B design recommendations, which emphasize improving Route 29 to serve regional trips and changing the character of Hydraulic Road. between Route 29 and the Route 250 Bypass. These imlJrovements include an extra ramlJ lane on Route 29 North onto the Route 250 BVlJass and an extra lane on Route 29 from Hvdraulic Road (in the City). b) The County requests funding for a third lane northbound and southbound on Route 29 from the South Fork Rivanna River to north of its intersection with Hollymead Drive, These improvements would tie into a third lane recently constructed in each direction along Route 29 as part of major land development projects at the Hollymead Town Center, There are significant peaks and valleys in Route 29 through this area that create an existing dangerous condition and this will only worsen as traffic increases as development occurs in this area in accord with the Comprehensive Plan. This section of road already experiences a high level of vehicle accidents, particularly in the area of Forest Lakes South. This new third lane section, and other road improvements in the area, was funded by the developer through zoning proffers related to the project's approval. Completion of this section would essentially complete the three phases of improvements to Route 29 from Hydraulic Road to Airport Road that were originally programmed in the Six-Year Plan in 1988. These and other Comprehensive Plan transportation system recommendations envision future development to be served by a transportation network that ultimately provides a complete system of urban streets and supports walking and biking and comprehensively links all land uses. Other projects listed in CHART in the northern study area must be actively pursued and completed. These projects include: c) the Hillsdale Drive Extension Project; d) Berkmar Drive Extended. Also, while funding has previously been dropped for Route 29 improvements north of the South Fork Rivanna River, transportation system improvements as identified by the County in its Comprehensive Plan are imperative to this area. 3. Complete preliminary engineering and undertake the widening of Route 20 South from 1-64 to Mill Creek Drive, Incorporate sidewalks and bike lane facilities into these improvements, This is a curvy section of road in the County's Urban Area that serves the traffic from Monticello High School and has experienced several accidents with fatalities in recent years. 4. There are three areas of emphasis the County requests be addressed on Route 250: a) The County does request funding for the improvements of the Tilman Road intersection at Route 250 and the Owensville Road/Route 250 intersection (possible round-about at Ownesvi/le Road). Otherwise, the County recommends maintaining the present two-lane configuration of the corridor with any short term or spot improvements being as non-intrusive and consistent as possible with the special character of this scenic by-way. b) VDOT has completed a similar study of Route 250 East from Free Bridge to the Fluvanna County line. This study's findings have been presented to the Albemarle County Board of Supervisors. The County is considering the recommendations of this study as part of the Neighborhood Planning process "Pantops Urban Area Neighborhood Master Plan." This Pantops Plan focuses on creating a neighborhood plan that integrates land use and transportation planning to establish land use recommendations, transportation network improvements and multimodal approaches that will support neighborhood development. Draft recommendations include improvements to the 1-64 interchange, pedestrian crossings, parallel roads and a possible new bridge/crossing of the Rivanna River connecting to the City, and limited widenina of Route 250. c) Improve Route 250 West from Emmet Street to the Route 29/250 Bypass. This section is covered by the joint Ivy Road Desiqn Study conducted by the City, County and University of Virginia and originally recognized for improvement in the Lewis Mountain Neighborhood/University Heig,hts (Area ~) Studt, Th.e U~iversity of Vi~gi~b is currently ~~.:~:~ :3 ~:=:~~ aron::! ::!nd parking f::Icllltles In this area that will likely croate 3d~..........~-~~-~c d,~.-~--~~__. ~ Any plans for the improvement of this section of Route 250 West need to be coordinated among the City, County and University. 5. Undertake improvements that will benefit/improve Route 240 in Crozet in accord with recommendations from the recently completed Crozet Master Plan, CI) Implement sidewalk plan (per Downtown Sidewalk and Parking Study) and Crozet Master Plan. b) Create bike lanes to and in downtown. c) Construct Eastern Avenue, to include the Lickinghole Creek Bridge and a railroad crossing. d) Construct Main Street east from Crozet Avenue, 6. Undertake the widening of Route 20 North from north of Route 250 East to the Elks Drive/Fontana Drive intersection. Incorporate sidewalks and bike lane facilities into the west side improvements. The County has also listed these improvements under "Safety" priorities, To date, the County has constructed sidewalks on the east side of Route 20 from Route 250 to Fontana Drive. 7. Undertake improvements recommended in the Southern Urban Area B Study recently completed in coordination with the City of Charlottesville, County of Albemarle, and the University of Virginia. The Study recommends improvements to Fontaine Avenue and the construction of a new connector road between Fontaine Avenue and Sunset Avenue, 8. The Town of Scottsville has requested that VDOT improve Route 20 (Valley Street) at the intersection of both Warren Street and Hardware Street. VDOT had proposed these improvements in the 1970's, but the improvements were not completed, The improvements will enhance the safety of the traveling public in the Town. II. Transit Imorovements 1. Regional Transit Authority - Funding for ::l consultant to oxplore to suooort establishing a regional transit authority entity with expanded service to Albemarle County and the City of Charlottesville. 2, Expand Existing Service - Funding to expand existing transit service capacity for CTS, JAUNT, RideShare, including capital projects to enhance capital operations (such as bus pull-outs, etc.), 3. Funding for Transit Operational Costs - Fully fund the State's existing formula share of transit operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. 4. Inter-City Rail-Improve and increase inter-city rail service to Albemarle County, The County continues to support the funding and implementation of the TransDominion Express as a means to provide improved inter-city rail service within the State. III. Safety Imorovements: Several projects in the County seem to qualify under this 10% set-aside, They are, in priority order: 1. Construct pedestrian walkways along various primary routes within the County's Urban Neighborhoods. Absent the incorporation of such walkways into full road widening/improvement projects, the following road sections are priorities for pedestrian walkways: a) Route 240 in "downtown" Crozet; b) Pedestrian crossinas at strateaic locations on Rt 29 North; c) Route 250 East in the Pantops area as an extension to existing sidewalks and orovide oedestrian crossinas at strateaic locations; d) Route 250 West from the City limits to the Farmington/Ednam entrance; and, ~ b} Route 20 South from the City limits to Mill Creek Drive. 2. The County has placed a high priority on pedestrian improvements in the Crozet area. The County chose Crozet as the first community to be master planned based on the County's adopted Neighborhood Model. The County received TEA 21 funding in July 2004 for Phase I of the Crozet Streetscape Plan and continues to seek additional funding to undertake needed improvements (see Enhancement Project section). Another potentially eligible safety project is the improvement of the Route 240 underpass at the CSX Railroad tracks in Crozet (including pedestrian facility improvements). 3. Reconfigure intersection and install traffic signals at the intersection of Routes 22 and 250. This project is currently scheduled in the SYIP for construction, Provide adequate funding and resources to maintain the current construction schedule. 4. Improvements to Route 250 West in the Ivy area to address existing traffic circulation problems at the Tilman Road intersection and the Owensville Road intersection (as noted in 1.4.E, above), including access to developed properties in this area. Of particular concern is the Tillman Road intersection (Route 676), which serves school bus traffic and has poor sight distance. These improvements should be undertaken in accordance with recommendations approved by the Board of Supervisors in the Route 250 West Corridor Study. 5. Functional plans, including an analysis of possible safety improvements, for Routes 22 and 231. The County remains concerned with overall public safety as it relates to traffic created by large trucks along these road segments, and encourages VDOT to consider all appropriate measures to ensure that trucks travel safely along these roadways in the future. The County has repeatedly requested VDOT to restrict through trucks on Route 22 and Route 231, IV. Enhancement Proiects/Safe Routes to School Proaram: This is a valuable funding source for which several projects appear to be eligible. Unfortunately funding for new projects is not available this year. The County urges that funds be made available for new pedestrian and bicycling projects. For the County, new projects, in priority order, are: 1. Pedestrian streets cape improvements in downtown Crozet. These streetscape improvements, which were included in an Enhancement Grant submitted in January 2002, June 2003 and October 2004, include the relocation and burial of overhead utility wires, and construction of historically compatible sidewalks. The County received TEA 21 funding in July 2004 for Phase I and July 2005 for Phase II of the Crozet Streetscape Plan. 2. Beautification of entrance corridors (particularly Routes 20, 29 and Route 250). 3. Construction of bikeway, pedestrian, and greenway facilities as prioritized in the Jefferson Area Bicycle, Pedestrian, and Greenways Plan. 4. Development of portions of the Rivanna River Greenway path system. 5. Removal of non-conforming billboards. 6. Continued SUDDorl of Scottsville Downtown StreetscaDe ImDrovement Proiect. V. National Hiahway System lNHS) The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this area excluding the Route 29 Bypass, The Federal Highway Administration (FHWA) has approved the NHS, which includes the existing Route 29 and the Route 29 Bypass, The County believes any projects that are included in the NHS should reflect the recommendations that result from the previously referenced transportation improvement study of the Route 29 North corridor area. VI. Conaestion Mitiaation and Air Quality Improvement Proaram This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone or carbon monoxide, ATTACHMENT C UNIVERSITY o/VIRGINIA Office of the Architect fOr the University Ivy Road Gateway Project Proposal for Joint City-County-University project Background In 1994 the City, County and University jointly sponsored a design study ofIvy Road. The consultants who prepared the study were Lardner Klein Landscape Architects P.c. of Alexandria, Virginia. The introduction to the report states: "Ivy Road (Route 250 West) is a 'front door' to Charlottesville, Albemarle County, and the University of Virginia. As such, its appearance is second only in importance to its safety.. ..As one of the primary entrances to the City, the County and the University, Ivy Road's appearance and its function is a strong determinant of the general public's perception of the area." Thirteen years later, this description is no less true. Since then, the City and County have included the implementation of the proposed improvements-road widening, bicycle lanes, sidewalks and plantings- in their requests to VDOT for funding through the regional Transportation Improvement Plan (TIP) but the annual road funding allocations have to date been insufficient to accomplish the project. The University proposes an alternate approach to funding by submitting ajoint project request to the Commonwealth's Revenue Sharing Program. Revenue Sharing Program VDOT administers a $50 m. program that provides additional funding for use by a county, city, or town to construct, maintain or improve the highway system by providing state funds to match local contributions for small, immediately needed improvements. Sidewalks and trails are eligible for this funding in the "Incidental improvements" category; however the focus of the program is to improve the highway system. The Commonwealth Transportation Board (CTB) allocates project funding based on a tiered priority system. · At least 50% match up to $1 m. maximum state contribution per locality · Highest priority is given to projects where the locality is giving more than $1 m. for a $1 m. match. (more than 50%) · Projects may be administered locally or by VDOT · Application must be submitted by the locality but 50% of match can be provided by other sources. Therefore if the City, County, and University each contributed $1 million, the state conceivably could match that with $2 m., if the terms of the program are not altered in the upcoming legislative session, providing $5 in total project funding for improvements to this important entrance corridor. Proposed Improvements The 1994 Study included proposals for bike lanes, continuous sidewalks, relocated utility wires, pedestrian scale street lighting, a raised planted median and other plantings, sign guidelines, and consistent street furnishing. The Study also called for road widening in certain areas; however, the thrust of this new initiative is related to alternative models of transit: bus, bike and pedestrian. Pedestrian safety in the corridor has become more important since the construction of the Ivy-Emmet garage and the JPJ Arena. It is also expected that the $120 m. Arts Gateway to the University (currently in design) will attract more bicycles and pedestrians to this corridor. The University has commissioned a more recent study to address current conditions at the Ivy-Emmet intersection. It is anticipated that the recommendations of that study will be included in the scope of the proposed joint project. - ATTACHMENT A ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR SYIP, FOR PRIMARY ROAD, TRANSIT AND ENHANCEMENT IMPROVEMENTS (OCT08eR, 2006) (NOVEMBER. 2007) The following are Albemarle County's priorities for each federal funding allocation and each sub-allocation of the Surface Transportation Program (STP) funds. Attachment B provides a more detailed explanation of the priority projects. I. Surface Transportation Program (STP) Undertake projects in The CHART -UNJam 2025 Regional Transportation Study (adopted May 3, 2004). These include: 1. Construct Meadow Creek Parkway from Route 250 Bypass to Rio Road, including the interchange at the Route 250 Bypass. The CTB should make every effort to provide adequate funding and resources to maintain the current construction schedule; 1, Improvements to Route 29 North Corridor: a. Funding of 29H250 Phase II Study, Option B design recommendations, These imorovements include an extra ramo lane on Route 29 North onto the Route 250 Bvoass and an extra lane on Route 29 from Hvdraulic Road (in the City); b. Widening improvements to Route 29 North--construct third lane on northbound and southbound lanes, from South Fork Rivanna River; c, Construct Hillsdale Drive extension from Hydraulic Road to Greenbrier Drive in the City of Charlottesville; and d. Construct Berkmar Drive extension. 2. Widening of Route 20 South, from 1-64 to Mill Creek Drive, including bike lanes and sidewalks. 3. Improvements to Route 250: a, Improve two intersections on Route 250 West: the Tilman Road Intersection (Route 676) and the Owensville Road intersection (Route 678), Otherwise, maintain the current two-lane road configuration from the Bypass to Yancey Mills; b. Improve Route 250 East corridor as recommended in the Pantops Neighborhood Plan (improvements to interchange, pedestrian crossings, parallel road and new bridge/crossing at Rivanna River); and c, Improve Route 250 West from Emmet Street to the Route 29/250 Bypass. 4. Improve Route 240 in accord with the recommendations of the Crozet Master Plan: a, Implement sidewalk plan (per Downtown Sidewalk and Parking Study and Crozet Master Plan); b. Create bike lanes to and in downtown; c. Construct Eastern Avenue, to include the Lickinghole Bridge and a railroad crossing; and d. Construct Main Street east from Crozet Avenue. 5. Widen Route 20 North, from Route 250 to Elks Drive/Fontaine Drive intersection, including bike lanes and sidewalks, 6. Undertake improvements recommended in the Southern Urban Area B Study, including improvements to Fontaine Avenue and possiblo construction of Fontaine Avenue to Sunset Avenue connector road. 7. Improve two intersections on Route 20 (Valley Street) in Scottsville: the Warren Street intersection and the Hardware Street intersection. II. Transit Improvements 1, Regional Transit Authority - Funding f-or a consult::mt to oxplore to suooort establishing a regional transit authority entity with expanded service to Albemarle County and Charlottesville. 2, Expand Existing Service - Funding to expand existing transit service capacity for CTS, JAUNT, RideShare, including capital projects to enhance capital operations (such as bus pull-outs, shelters, etc.). 3. Funding for Transit Operational Costs - Fully fund the State's existing formula share of transit operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs, 4. Inter-City Rail - Improve and increase inter-city rail service to Albemarle County. The County continues to support the funding and implementation of the TransDominion Express as a means to provide improved inter-city rail service within the State. III. Safety Improvements 1. Construction of pedestrian walkways along primary roads in the County's Urban Neighborhoods and Development Areas as part of road widening/improvement projects. Absent major road improvements, the following roads are prioritized for improvement: a, Route 240 in downtown Crozet; b. Pedestrian crossinas at strateaic locations on Rt 29 North. c. Route 250 East in Pantops-extend from the existing sidewalks and orovide oedestrian crossinas at strateaic locations; d. Route 250 West from the City limits to the Farmington/Ednam entrance; e. 9,. Route 20 South from City limits to Mill Creek Drive extended. 2. Safety improvements in Crozet area including Route 240 underpass. 3, Reconfigure intersection of Route 22 and Route 250, This project is included in the current SYIP. Provide adequate funding and resources to maintain the current construction schedule. 4, Intersection improvements on Route 250 West at 1) Tilman Road and 2) Owensville Road (noted above), 5. Develop functional plans, including an analysis of safety improvements for Route 22 and Route 231. IV. Enhancement ProjectslSafe Routes to School Program 1. Pedestrian Streetscape improvements in downtown Crozet. 2, Beautification of entrance corridors. 3. Construction of bikeway, pedestrian, and greenway improvements as prioritized in the Jefferson Area Bicycle, Pedestrian and Greenways Plan and the County's Comprehensive Plan. 4. Development of portions of the Rivanna River Greenway path system. 5. Removal of non-conforming billboards, 6. Continued suooort of Scottsville Downtown Streetscaoe Imorovement Proiect. V. National Highway System (NHS) The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this area excluding the Route 29 Bypass. VI. Congestion Mitigation and Air Quality Improvement Program This does not apply to Albemarle County. The County is not in an area of non-attainment for ozone or carbon monoxide. ATTACHMENT B ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR SYIP, FOR PRIMARY ROAD, TRANSIT AND ENHANCEMENT IMPROVEMENTS (OCT08ER, 2Q06) (NOVEMBER, 2007) The following are Albemarle County's priorities for each federal allocations and each sub-allocation of the Surface Transportation Program (STP) funds. I. Surface Transportation Proaram (STPl Standard Proiects: The following projects, listed in priority order, are eligible for STP funds. The County supports these projects as referenced. Undertake those projects in the Charlottesville Albemarle Regional Transportation Study (CHART) - UnJam 2025 (adopted May 3,2004) eligible for the primary program in the sequence as called for in the February 2, 1992 joint resolution between the City, County and University and agreed to by VDOT. These include: 1. Meadow Creek Parkway from the Route 250 Bypass to Rio Road. The Parkway is the County's highest priority project after Route 29 North, and is of the utmost importance in order to maintain an adequate level of service on Route 29 and to improve the overall roadway system serving the urbanizing area north of the City. This project is being funded in the County's secondary program and has been approved by the Commonwealth Transportation Board (CTB) as a low speed parkway in the City of Charlottesville and the County. The County asks that this section be designed and built in accord with the County's design and alignment recommendations developed with the assistance of an independent consultant and endorsed by resolution of the County Board of Supervisors on June 20, 2001 and approved by the CTB on December 18, 2001. This endorsed design and alignment emphasizes the parkway corridor's potential as a linear park and its relationship to the development of adjacent urban land. The linear park concept is intended to replace Mcintire Park land lost due to the project and, at the same time, link Mcintire Park to the Rivanna Trails Foundation trail along Meadow Creek and the County's urbanizing area along Rio Road. The County requests that the CTB make every effort to provide adequate funding and resources to maintain the current construction schedule for this project. Meadow Creek Parkway/Route 250 Bypass Interchange. The County also supports the construction of the Meadow Creek Parkway interchange at the terminus of the Parkway with Route 250 in the City of Charlottesville. This interchange is essential to the safe and acceptable future traffic operation of this high volume intersection. The County is grateful for the funding earmarked in the Federal Transportation Bill for this interchange. It is recognized that this interchange project, and its funding, is a separate but related project from the Meadow Creek Parkway mainline project. The County requests that the CTB make every effort to provide adequate funding and resources to maintain the current construction schedule for this project. Northern Free State Road (formerly Meadow Creek Parkway Phase II) is being funded in VDOI's Six Year Secondary Road Plan for the county. The County is now studying the concept/alignment of this road as part of the Places 29 Study, an integrated land use and transportation master planning study for the Route 29 North corridor, 2. Route 29 North. This highly urbanized area continues to grow and transportation system improvement needs continue to increase. The County, City, VDOT and the MPO have completed Phase I and Phase II of the 29H250 (US 29 - Hydraulic - 250 Bypass Intersection) Study. The County appreciates continued VDOT and Commonwealth Transportation Board support of initiatives in the Route 29 North corridor. The County, in coordination with the MPO, is currently utilizing VDOT, developer proffered and County general funds to study the concept/alignment of Route 29 North as part of a larger transportation network study for the County's northern development areas from the City limits to the Greene County line, This study, a component of the County's Places 29 Study, will include a comprehensive and integrated evaluation of both transportation and land use issues and planning to establish a series of land use recommendations, transportation network improvements and multi-modal approaches that will support the northern development areas and the Route 29 Corridor. a) The County requests that VDOT plan for the funding of the 29H250 Phase II Option B design recommendations, which emphasize improving Route 29 to serve regional trips and changing the character of Hydraulic Road. between Route 29 and the Route 250 Bypass. These imorovements include an extra ramo lane on Route 29 North onto the Route 250 Bvoass and an extra lane on Route 29 from Hvdraulic Road (in the City). b) The County requests funding for a third lane northbound and southbound on Route 29 from the South Fork Rivanna River to north of its intersection with Hollymead Drive. These improvements would tie into a third lane recently constructed in each direction along Route 29 as part of major land development projects at the Hollymead Town Center. There are significant peaks and valleys in Route 29 through this area that create an existing dangerous condition and this will only worsen as traffic increases as development occurs in this area in accord with the Comprehensive Plan. This section of road already experiences a high level of vehicle accidents, particularly in the area of Forest Lakes South. This new third lane section, and other road improvements in the area, was funded by the developer through zoning proffers related to the project's approval. Completion of this section would essentially complete the three phases of improvements to Route 29 from Hydraulic Road to Airport Road that were originally programmed in the Six-Year Plan in 1988, These and other Comprehensive Plan transportation system recommendations envision future development to be served by a transportation network that ultimately provides a complete system of urban streets and supports walking and biking and comprehensively links all land uses. Other projects listed in CHART in the northern study area must be actively pursued and completed. These projects include: c) the Hillsdale Drive Extension Project; d) Berkmar Drive Extended. Also, while funding has previously been dropped for Route 29 improvements north of the South Fork Rivanna River, transportation system improvements as identified by the County in its Comprehensive Plan are imperative to this area. 3. Complete preliminary engineering and undertake the widening of Route 20 South from 1-64 to Mill Creek Drive. Incorporate sidewalks and bike lane facilities into these improvements. This is a curvy section of road in the County's Urban Area that serves the traffic from Monticello High School and has experienced several accidents with fatalities in recent years. 4. There are three areas of emphasis the County requests be addressed on Route 250: a) The County does request funding for the improvements of the Tilman Road intersection at Route 250 and the Owensville Road/Route 250 intersection (possible round-about at Ownesville Road). Otherwise, the County recommends maintaining the present two-lane configuration of the corridor with any short term or spot improvements being as non-intrusive and consistent as possible with the special character of this scenic by-way. b) VDOT has completed a similar study of Route 250 East from Free Bridge to the Fluvanna County line. This study's findings have been presented to the Albemarle County Board of Supervisors. The County is considering the recommendations of this study as part of the Neighborhood Planning process "Pantops Urban Area Neighborhood Master Plan." This Pantops Plan focuses on creating a neighborhood plan that integrates land use and transportation planning to establish land use recommendations, transportation network improvements and multimodal approaches that will support neighborhood development. Draft recommendations include improvements to the 1-64 interchange, pedestrian crossings, parallel roads and a possible new bridge/crossing of the Rivanna River connecting to the City, and limited widenina of Route 250. c) Improve Route 250 West from Emmet Street to the Route 29/250 Bypass, This section is covered by the joint Ivv Road Desion Studv conducted by the City, County and University of Virginia and originally recognized for improvement in the Lewis Mountain Neighborhood/University Heights (Area B) Study. The Uni'/ersity of Virginb is currently constructing a new basketball arena and parking facilities in this area that will likely create additional traffic demands on Ivy Road. Any plans for the improvement of this section of Route 250 West need to be coordinated among the City, County and University. 5. Undertake improvements that will benefit/improve Route 240 in Crozet in accord with recommendations from the recently completed Crozet Master Plan, ~) Implement sidewalk plan (per Downtown Sidewalk and Parking Study) and Crozet Master Plan. b) Create bike lanes to and in downtown. c) Construct Eastern Avenue, to include the Lickinghole Creek Bridge and a railroad crossing, d) Construct Main Street east from Crozet Avenue. 6. Undertake the widening of Route 20 North from north of Route 250 East to the Elks Drive/Fontana Drive intersection, Incorporate sidewalks and bike lane facilities into the west side improvements. The County has also listed these improvements under "Safety" priorities. To date, the County has constructed sidewalks on the east side of Route 20 from Route 250 to Fontana Drive, 7, Undertake improvements recommended in the Southern Urban Area B Study recently completed in coordination with the City of Charlottesville, County of Albemarle, and the University of Virginia. The Study recommends improvements to Fontaine Avenue and the construction of a new connector road between Fontaine Avenue and Sunset Avenue. 8. The Town of Scottsville has requested that VDOT improve Route 20 (Valley Street) at the intersection of both Warren Street and Hardware Street. VDOT had proposed these improvements in the 1970's, but the improvements were not completed. The improvements will enhance the safety of the traveling public in the Town, II. Transit Improvements 1, Regional Transit Authority - Funding f-or a consultant to explore to support establishing a regional transit authority entity with expanded service to Albemarle County and the City of Charlottesville. 2. Expand Existing Service - Funding to expand existing transit service capacity for CTS, JAUNT, RideShare, including capital projects to enhance capital operations (such as bus pull-outs, etc.), 3. Funding for Transit Operational Costs - Fully fund the State's existing formula share of transit operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. 4. Inter-City Rail - Improve and increase inter-city rail service to Albemarle County, The County continues to support the funding and implementation of the TransDominion Express as a means to provide improved inter-city rail service within the State. III. Safety Improvements: Several projects in the County seem to qualify under this 10% set-aside. They are, in priority order: 1. Construct pedestrian walkways along various primary routes within the County's Urban Neighborhoods, Absent the incorporation of such walkways into full road widening/improvement projects, the following road sections are priorities for pedestrian walkways: a) b) c) d) !,It)} Route 240 in "downtown" Crozet; Pedestrian crossinas at strateaic locations on Rt 29 North; Route 250 East in the Pan tops area as an extension to existing sidewalks provide pedestrian crossinas at strateaic locations; Route 250 West from the City limits to the Farmington/Ednam entrance; and, Route 20 South from the City limits to Mill Creek Drive. and 2. The County has placed a high priority on pedestrian improvements in the Crozet area. The County chose Crozet as the first community to be master planned based on the County's adopted Neighborhood Model. The County received TEA 21 funding in July 2004 for Phase I of the Crozet Streetscape Plan and continues to seek additional funding to undertake needed improvements (see Enhancement Project section). Another potentially eligible safety project is the improvement of the Route 240 underpass at the CSX Railroad tracks in Crozet (including pedestrian facility improvements ). 3. Reconfigure intersection and install traffic signals at the intersection of Routes 22 and 250. This project is currently scheduled in the SYIP for construction. Provide adequate funding and resources to maintain the current construction schedule, 4. Improvements to Route 250 West in the Ivy area to address existing traffic circulation problems at the Tilman Road intersection and the Owensville Road intersection (as noted in 1.4,(a), above}, including access to developed properties in this area. Of particular concern is the Tillman Road intersection (Route 676), which serves school bus traffic and has poor sight distance, These improvements should be undertaken in accordance with recommendations approved by the Board of Supervisors in the Route 250 West Corridor Study, 5. Functional plans, including an analysis of possible safety improvements, for Routes 22 and 231. The County remains concerned with overall public safety as it relates to traffic created by large trucks along these road segments, and encourages VDOT to consider all appropriate measures to ensure that trucks travel safely along these roadways in the future, The County has repeatedly requested VDOT to restrict through trucks on Route 22 and Route 231 . IV. Enhancement Proiects/Safe Routes to School Proaram: This is a valuable funding source for which several projects appear to be eligible. Unfortunately funding for new projects is not available this year. The County urges that funds be made available for new pedestrian and bicycling projects. For the County, new projects, in priority order, are: 1. Pedestrian streetscape improvements in downtown Crozet. These streetscape improvements, which were included in an Enhancement Grant submitted in January 2002, June 2003 and October 2004, include the relocation and burial of overhead utility wires, and construction of historically compatible sidewalks. The County received TEA 21 funding in July 2004 for Phase I and July 2005 for Phase II of the Crozet Streetscape Plan. 2. Beautification of entrance corridors (particularly Routes 20, 29 and Route 250). 3. Construction of bikeway, pedestrian, and greenway facilities as prioritized in the Jefferson Area Bicycle, Pedestrian, and Greenways Plan, 4. Development of portions of the Rivanna River Greenway path system, 5. Removal of non-conforming billboards, 6. Continued support of Scottsville Downtown Streets cape Improvement Proiect. V. National Hiahwav System (NHS) The Charlottesville-Albemarle MPO Policy Board approved the NHS as proposed by VDOT in this area excluding the Route 29 Bypass. The Federal Highway Administration (FHWA) has approved the NHS, which includes the existing Route 29 and the Route 29 Bypass, The County believes any projects that are included in the NHS should reflect the recommendations that result from the previously referenced transportation improvement study of the Route 29 North corridor area. VI. Conaestion Mitiaation and Air Qualitv Improvement Proaram This does not apply to Albemarle County, The County is not in an area of non-attainment for ozone or carbon monoxide. ATTACHMENT C UNIVERSITY if VIRGINIA Office of the Architffi fOr the University Ivy Road Gateway Project Proposal for Joint City-County-University project Background In 1994 the City, County and University jointly sponsored a design study ofIvy Road. The consultants who prepared the study were Lardner Klein Landscape Architects P.C. of Alexandria, Virginia. The introduction to the report states: "Ivy Road (Route 250 West) is a 'front door' to Charlottesville, Albemarle County, and the University of Virginia. As such, its appearance is second only in importance to its safety.. ..As one of the primary entrances to the City, the County and the University, Ivy Road's appearance and its function is a strong determinant of the general public's perception of the area." Thirteen years later, this description is no less true. Since then, the City and County have included the implementation of the proposed improvements-road widening, bicycle lanes, sidewalks and p1antings-in their requests to VDOT for funding through the regional Transportation Improvement Plan (TIP) but the annual road funding allocations have to date been insufficient to accomplish the project. The University proposes an alternate approach to funding by submitting ajoint project request to the Commonwealth's Revenue Sharing Program. Revenue Sharing Program VDOT administers a $50 m. program that provides additional funding for use by a county, city, or town to construct, maintain or improve the highway system by providing state funds to match local contributions for small, immediately needed improvements. Sidewalks and trails are eligible for this funding in the "Incidental improvements" category; however the focus of the program is to improve the highway system. The Commonwealth Transportation Board (CTB) allocates project funding based on a tiered priority system. · At least 50% match up to $1 m. maximum state contribution per locality · Highest priority is given to projects where the locality is giving more than $1 m. for a $1 m. match. (more than 50%) · Projects may be administered locally or by VDOT · Application must be submitted by the locality but 50% of match can be provided by other sources. Therefore ifthe City, County, and University each contributed $1 million, the state conceivably could match that with $2 m., if the terms of the program are not altered in the upcoming legislative session, providing $5 in total project funding for improvements to this important entrance corridor. Proposed Improvements The 1994 Study included proposals for bike lanes, continuous sidewalks, relocated utility wires, pedestrian scale street lighting, a raised planted median and other p1antings, sign guidelines, and consistent street furnishing. The Study also called for road widening in certain areas; however, the thrust of this new initiative is related to alternative models of transit: bus, bike and pedestrian. Pedestrian safety in the corridor has become more important since the construction of the Ivy-Emmet garage and the JPJ Arena. It is also expected that the $120 m. Arts Gateway to the University (currently in design) will attract more bicycles and pedestrians to this corridor. The University has commissioned a more recent study to address current conditions at the Ivy-Emmet intersection. It is anticipated that the recommendations of that study will be included in the scope of the proposed joint project. COMMONWEALTH Of VIRGINIA DAVID S. EKERN, P.E. COMMISSIONER DEPARTMENT OF TRANSPORTATION 1601 ORANGE ROAD CULPEPER, VIRGINIA 22701 VirginiaDOTorg September 18, 2007 Mr. Kenneth Coo Boyd Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902 Dear Mr. Boyd: The Commonwealth Transportation Board will conduct public meetings to give citizens the opportunity to review and provide comments on projects and programs that are candidates for inclusion in the Fiscal Year 2009-2014 Six-Year Improvement Program (FY09-14 SYIP), including highway, rail, and public transportation initiatives. These candidate projects and programs represent important improvements to address safety, congestion, and preservation of Virginia's transportation network. It is important that we hear from you and your constituents about those you feel are the highest priority for the state's limited transportation funds. We will do our very best to use available resources to address those priorities. The meeting for citizens in our district will start at 6:00 p.m. on Thursday, November 1,2007 at VDOT's Culpeper District auditorium at 1601 Orange Road in Culpeper. From 6 p.m. to 6:30 p.m., the meeting will follow an "open house" format. Written comments may be submitted during this informal session, or they may be mailed or e-mailed afterwards. Starting at 6:30 p,m., there will be a public discussion session where prepared verbal comments can be shared. I invite you to attend a special public officials' briefing from 5 p.m. to 6 p.m, before the public meeting. This will be an opportunity for you to learn more about the initiatives that the Virginia Department of Transportation (VDOT) and the Department of fRail and Public Transportation (DRPT) are proposing, as well as the FY09-14 SYIP. VDOT and DRPT representatives will be on hand to provide information on the proposals. Also, Metropolitan Planning Organizations have been invited to participate with displays highlighting their regional long-range transportation planning efforts as well as their regional transportation improvement programs. WE KEEP VIRGINIA MOVING Mr, Kenneth C.. Boyd September 18, 2007 Page Two I encourage you to come and speak with our agency representatives. If you cannot attend the meeting, you may send your comments to Diane Mitchell at 1401 E. Broad Street, Richmond, Virginia 23219 or e-mail them to Six-YearProgram@vdot.virginia.gov. I truly appreciate your attendance at this session. If you have any questions prior to the meeting, please contact Lou Hatter at 540-829-7537. Sincerely, ff~d~ Quintin D. Elliott Acting District Administrator Allan D. Sumpter Charlottesville Residency Administrator Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 ~ .i CHARLOTTESVILLE RESIDENCY MONTHLY REpORT SEPTEMBER 2007 ALBEMARLE COUNTY BOS ACTION ITEMS David Slutzkv · VDOT's Northwest Region Traffic Operations has made timing adjustments to Rio Road that seems to have improved movement. Modifications are still pending for Hydraulic Road. The Region also indicates that new equipment has been ordered to upgrade several locations along the Route 29 corridor. Mr. Dean Gustafson, VDOT's Regional Traffic Operations Director, will be attending the November Board meeting to provide an overview of work being planned to enhance traffic operations in county. Ken Bovd · Traffic Signals at State Farm Blvd and Burnley Station - Full funding has been authorized to proceed with signal installations. Installation is expected in the 2008 calendar year. · Signage for Airport Roundabout - The new roundabout is still considered to be in a construction zone as only two (2) legs are open to traffic. The last leg should be opened approximately mid-October. Permanent directional signing will be provided and installed by VDOT. Fabrication of these signs is pending. Installation will be completed prior to the opening of the last leg. Also, Regional Traffic Engineering staff is reviewing existing signing leading to the airport from Route 29 to determine if modifications are necessary. Dennis Rooker · Paving and trench widening on Barracks Road (Route 654) - Paving was completed week of September 1 ih. · Broomlev Road Bridge - A rough estimate for a replacement structure has been developed using statewide generalized methodology. Including engineering, right-of-way and construction costs the estimate is $2.5 - $3.0 million in present day dollars. A new bridge will require that the vertical clearance from the railroad be increased. Also, to meet legal load, the beam depth will be greater. This will result in the need for substantial adjustments to the roadway approaches. A more detailed estimate will require field survey work to factor in specific right-of-way impacts. This can be done at a later date as priorities for future bridge projects are established. Dave Wyant · Advance Mills Temporary Bridge - Bridge engineers are continuing with necessary design work. Six (6) consulting parties for the Section 106 process have been identified, including adjacent property owners, the Advance Mills Homeowners Association, Albemarle County and the Federal Highway Administration. A meeting is expected to be scheduled with these parties in late October or early November. The letter to the Department of Historic Resources (DHR) seeking concurrent with VDOT's definition of the area of potential effects and the efforts to identify historic resources was delivered September 21 st. A response is expected in late October. · Cory Farm Subdivision - Maintenance work to correct the drainage issues on Summit View Lane has been scheduled for October. · Pea Ridge Road - Routine Maintenance work has been scheduled for the week of October 1 st. Page J of5 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 Sally Thomas . Reas Ford & Woodlands Road - Contact has been made with the property owner whose permission is needed to improve sight distance. Staff is working with them to determine options to permanently resolve this issue. Lindsav Dorrier . Route 53 Safety Study - Final recommendations for this location are 1) installation of four (4) pavement messages and rumble strips at key locations; 2) Installation of (4) sets of signs to delineate curves; 3) Revising existing signing to better inform motorists they are entering a two (2) mile section of winding road; 4) Trimming of vegetation to daylight signs in both west and east bound directions. Implementation of these recommendations is scheduled for this Fall. . Traffic Conflict, Route 712 and 20 - This location is still under review by residency and traffic engineering staff. CONSTRUCTION Active Construction Projects . Project No. 0618-002-6018, SR01 (Rte. 618 Bridge over the Hardware River superstructure replacement) Bridge is restricted to single lane 9'width with concrete barriers in place. Contractor placed concrete beams for phase two. . Project No. PM-7B-07 (Asphalt paving maintenance schedule) Contractor completed trench widening and paving on Rte. 654 (Barracks Road). Contractor completed Rte. 29 NBL from Rte. 649(Proffit Road) to the Greene County. PRELIMINARY ENGINEERING Albemarle County . Route 22 / 250 Intersection Improvements, 0022-002-104, C501 RJW is currently being negotiated and utilities have started to be relocated. VDOT, Albemarle County and Luck Stone met on July 20, 2007 to follow up discussions on the construction funding for this project. Luck Stone has received plans for the project and is currently reviewing them. VDOT has drafted a Memorandum of Agreement for the project and will present the document to Luck Stone for review at the meeting scheduled for September 28. . Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657 The right-of-way phase continues on this project. A right of way offer is pending for the CATEC property. There are still outstanding issues on the Wetsel and City of Charlottesville properties. . Route 631, Meadow Creek Parkway, UOOO-104-102 (City portion) Project funding update: Additional funding as a result ofHB 3202 has enabled the city to fully fund this project. The most significant remaining issue is formal city agreement to provide temporary easements for construction of the project. . Route 691 Jarmans Gap Road, 0691-002-158, C501 The survey has been updated to reflect recent development along the project. The Tea Room property has been cleared and design is proceeding. Although the final schedule has not yet been developed, an advertisement date in the later part of 2010 is expected. . Route 656 Georgetown Road, 0656-002-254, C501 Scoping has been completed. Preliminary engineering has started and coordination with utilities is important in the development of the project. A preliminary field inspection meeting is expected to be held in the late fall of 2007. . Route 643 Rio Mills Road, 0643-002-P76, N501 Aerial survey is scheduled to be available in October 2007. . Route 743 Advance Mills Bridge, 0743-002-282 P101, R201, C501, B658 (Permanent Replacement Project) A citizen information meeting has been scheduled for Thursday, October 11,2007, at Spring Hill Baptist Church on Fray's Mill Road. The time will be from 5:00 PM to 7:00 PM. The informational brochure has been published and is in circulation throughout the community. Page 2 of5 Virginia Department of Transportation 701 VDOT Way Charlottesville. VA 22911 The monthly update to the rural rustic program is attached to this report. PLANNI:\fG, PERMITS AND LAND DEVELOPMENT Land Development Items Total This Total This Month Fiscal Year Special Use Permits and Rezoning Application Review 10 20 Site Plan Reviews for new Subdivisions 15 37 New Entrance Plan Reviews 5 20 Total Permits Processed 85 174 Utility Permits Processed 20 35 Inspection of new Subdivision Street conducted 51 116 Inspection of new entrance conducted 165 285 Miles of Street Accepted in the State System 1.16 1.94 TRAFFIC ENGINEERING Albemarle - Completed RTE LOCATION REQUEST ACTION Section of route east and Additional warning signs along with Rt53 west of entrance to Safety & operational review pavement messages to be installed Monticello in near future Rt1090(Lego Entire route Traffic calming Final design submitted to County Drive) Staff Rt 1521 (Powell Section of route where Perform follow up evaluation Complete; recommendations to Cr Dr) traffic calming measures of the effectiveness of the county staff installed traffic calming measures Rt854 Entire route Traffic calming Study results to county staff; road is (Carrsbrook) eliaible Albemarle - Being reviewed RTE LOCATION REQUEST STATUS Rt29 @ post office entrance Safety review for entrance TE reviewing Rt631 Being reviewed for cross walk (Rio)/Waldorf Intersection TE reviewing School/Pen Park and pedestrian crossing 250 (Ivy Rd) Near intersection with Review of passing zone on Finalizing sketch 682 Route 250 Project in preliminary stages of 1-64 interchange to scoping and design. Meeting with 250 (Richmond High/River Rd Coordinate signals on this City to include signal at Rt 250/High Street. Additional counts at some Rd) intersection in corridor intersections to be taken and Charlottesville additional time/delay study runs to be taken. Rt 688 (Midway) Off Miller School Road Review for speed limit posting TE reviewing on un-posted road Rt29 Between Polo Grounds & Speed limit review TE reviewing Hollymead Rt20 Intw/712 Operational & safety TE reviewing concerns Page 3 of5 Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 MAINTENANCE WORK COMPLETED Albemarle County . Patching operations completed on Route 742 (Avon St. Ext), 20 (Scottsville Rd.), 627 (Carters Mountain Rd.). Cold Patch Routes 708 (Dry Bridge Rd), 692 (Plank Rd.), 691 (Jarmans Gap), 676 (Woodlands Rd.), 1075 (Shagbark Ln.). Plant mix Route 677 (Bloomfield Rd.). Graded and replaced stone on Routes 600 (Stoney Point Pass), 784 (Doctors Crossing & Burnt Mill Rd.), 640 (Turkey Sag Rd.), 611 (Jarman's Gap Rd.), 692 (Plank Rd.), 636 (Batesville Rd.), 682 (Gillums Ridge Rd.), 811 (Jones Mill Rd.), 745 (Arrowhead Valley), 824 Patterson Mill Rd.), 688 (Midway Rd.), 684 Mint Springs Rd.), 637 (Dick Woods Rd.) 691 (Ortman Rd.), 776 (Buck Mtn. Ford Rd.) 606 (Dickerson Rd.), 672 (Blufton Rd.), 673 (Breakheart Rd.), 668 (Fox Mtn. Rd.), 765 (Innesfree), 643 (Rio Mills Rd.). Grade rental properties driveways. Pull Shoulders Rt. 29, 722 (Old Green Mtn. Rd.), 723 (Sharon Rd.), 728 (Ed Jones Rd.), 761 (Briery Creek Rd.), 670 (Damon Rd.), 760 (Red Hill School Rd.), 712 (Plank Rd.), 711 (Burton Rd.), 856 (Burton Rd.), 856 (Burton Ln.), 697 (Sutherland Rd.), 754 (Loving Rd.), 713 (Glendower Rd.), 717 (Secretarys Sand Rd.), 704 (Fortune Ln.) and 737 (Mountain Vista Rd.) . Litter pickup. . Cleared pipes and ditch work on Routes 668 (Fox Mountain Rd.), 810 (Whitehall Rd.), 635 (Craig's Store Rd.), 627(Carters Mountain), 600 (Stoney Point Pass), 640 (Turkey Sag Rd.), 612 (Hammocks Gap Rd.) and 769 (Rocky Hollow Rd.) . Mowing Routes 1117 (State Farm Blvd), 637 (Dick Woods Rd.), 1140 (S. Pantops Dr.), 1421 Elk Dr.), F179 (Hansens Mtn. Rd.), 1090 (Lego Dr.), 1146 (Hunters Way), 1109 (G1enorchy Dr.), 808 (Running Deer Dr.), 731 (Keswick Dr.), 781 (Sunset Ave.), 780 (Old Lynchburg Rd.), 796 (Brooksville Rd.), 688 (Midway Rd.), 691 (Jarman Gap Rd.), 689 (Pounding Creek Rd.), 810 (Whitehall Rd.), Yancey Mills HQTR., 676 (Owensville Rd.), 678 (Decca La.), 614 (Garth Rd.), 795 (Blenheim Rd.), 742 (Avon St. Ext.), 1135 (Willow Lake Dr.), 1137 (Brookhill Ave.), 388 (College Dr.), 1150 (Mill Creek Dr.), 1802 (Lenora Rd.), 1803 (David Rd.), 1801 (Forrest Rd.), 1800 (Marshall Ct.), 708 (Secretarys Rd.), 712 (Coles Rolling Rd.), 642 (Red Hill Depot Rd.), 706 (Dudley Mountain Rd.), 692 (Plank Rd.), 711 (Burton Rd.), 856 (Burton Ln.), 760 (Red Hill School Rd.), 602 (Howardsville Tpke.), 626 (James River Rd.), 715 (Esmont Rd.), 712 (Plank Rd.), 29 (Monacan Trail), 6 (Irish Rd.), 20 (Scottsville Rd.), 627 (Carters Mountain Rd.), 618 (Jefferson Mill Rd.), 622 (Albevanna Spring Rd.), 726 (James River Rd.), 717 (Secretarys Sand Rd.), 630 (Green Creek Rd.), 727 (Blenheim Rd.) and 735 (Mt. Alto Rd.). Tree cleanup on Routes 29 (Monacan Trail), 636 (Craigs Store Rd.), 691 (Ortman Rd.), 708 (Dry Bridge Rd.), 637 (Dick Woods Rd.), 635 (Miller School Rd.), 692 (Plank Rd.), 606 (Dickerson Rd.), 664 (Markwood Rd.), 6 (Irish Rd.), 722 (Old Green Mountain Rd.), 800 (Schuyler Rd.), 626 (James River Rd.) 20 (Scottsville Rd.) and 717 (Secretarys Sand Rd.). . Dust Control Routed 606 (Dickerson Rd.), 643 (Rio Mills Rd.), 668 (Fox Mtn. Rd.), 776 Buck Mtn. Ford Rd,), 713 (Glendower Rd.), 712 (Plank Rd.), 722 (Old Green Mountain Rd.), 704 (Fortune Ln.), 697 (Sutherland Rd.), and 754 Loving Rd.). . Rural Rustic Road work on Rt. 647 (Maxfield Rd.), 769 (Rocky Hollow Rd) and 744 (Hack Town Rd.). . Lined ditches with #3 stone Route 769 (Rocky Hollow Rd.). . Grubbed & hauled stumps Route 647 (Maxfield Rd.). . Installed cross pipes and driveway pipes Route 734 (Bishop Hill Rd.). . Headquarters personnel day lighting signs throughout the County. PLANNED MAINTENANCE WORK - AUGUST 2007 . Guardrail mowing, machining and patching on various routes in Albemarle County. Page 4 of5 MAINTENANCE BUDGET 20 15 - - .. c:: ~ i 10 Jul-07 Aug-07 Sap-07 Oct-O? Nov-07 Highway Maintenance Expenditures Virginia Department of Transportation 701 VDOT Way Charlottesville. VA 2291J - - Total Maint Budget Cumulative Budget Cumulative Actual . l:. 13.25 - - - - - 9,69 Dec-07 Jan-Q8 Feb-Q8 9,13 Mar-OB Apr-08 May-OS Jun-OB Page 50f5 . 9/26/2007 Rural Rustic Program 2007 Albemarle County Rte 734 (Bishop Hill Road · Construction Complete . Surface Treatment Start Week of Sept. 29 Rte 647 (Maxfield Road) . Under Construction Rte 640 (Gilbert Station) · Begin Construction ofRte 640, (Gilbert Station Road)Late Fall · Completed Surface Treatment and Construction o Rte 769 (Rocky Hollow Road), o Rte 744, (Hacktown Road), . . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: 2008 Thomas Jefferson Planning District Commission (T JPDC) Legislative Program AGENDA DATE: October 3, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSAUREQUEST: Request Board of Supervisors input on and approval of the 2008 T JPDC legislative program CONSENT AGENDA: ACTION: INFORMATION: REVIEWED BY: t STAFF CONTACT(S): Messrs, Tucker, Foley, Davis, Blount, Bowman ATTACHMENTS: YES LEGAL REVIEW: Yes BACKGROUND: The Thomas Jefferson Planning District Commission (T JPDC) works with the County and other Planning District localities each year to develop a legislative program for the upcoming General Assembly session. The draft of the 2008 TJPDC Legislative Program (Attachment A) is before the Board of Supervisors for input and approval. STRATEGIC PLAN: Strategic Goals: Enhance Quality of Life for all Citizens; Protect the County's Natural, Scenic and Historic Resources; Develop Policies and Infrastructure Improvements to Address the County's Growing Needs; Effectively Manage Growth and Development; Fund the County's Future Needs, DISCUSSION: The draft of the 2008 T JPDC Legislative Program follows the same format as prior years, identifying priority "action items" and highlighting areas of continuing concerns, The draft program incorporates all of the legislative priorities the Board approved at its July 11, 2007 meeting (Attachment B). David Blount of the T JPDC will be present to receive the Board's comments and answer any questions on the draft program. BUDGET IMPACT: Should the state provide additional funding for the County's "Child Care for Low Income Working Families" priority, a local match will be required. Beyond that priority, there are no specific, identifiable budget impacts, although the T JPDC legislative program seeks to ensure the state adequately funds its mandated responsibilities and does not jeopardize the County's ability to effectively and efficiently implement the policies (including fiscal) and programs that it deems necessary, RECOMMENDATIONS: Staff recommends the Board approve the draft 2008 T JPDC Legislative Program, with the understanding that suggested changes from the Board will be reflected in the final version of the program. ATTACHMENTS Attachment A - Draft 2008 T JPDC Leqislative Proqram Attachment B - Albemarle County's 2008 Legislative Priorities - Adopted July 11, 2007 DRAI~T 2008 Thomas Jefferson Planning District Legislative Program Representing the Local Governments of: Albemarle County City of Charlottesville Fluvanna County Greene County Louisa County Nelson County September 2007 Charles W. Allbaugh, CPA, Chairman Harrison B. Rue, Executive Director David C. Blount, Legislative Liaison ACTION ITEMS COMPREHENSIVE SERVICES ACT Legislative Position ofTJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities recommend and urge support for legislative proposals that increase CSA administrative funding to localities, that require state contracting with residential providers, and that require the state Office of Comprehensive Services to review and track vendor costs and rates. These specific legislative and budget recommendations are a first step at trying to address some of the challenges posed by CSA in our jurisdictions, specifically the low level of state funding provided to localities for CSA administrative costs and the rapid rise in the costs of residential services. Since the inception of the Comprehensive Services Act, CSA pool expenditures have increased steadily for state and local governments (from $105 million in 1994 to $295 million in 2006) and costs have been difficult to forecast because of factors beyond state and local control (number of mandated children in a community, severity of problems, service rates, availability of alternative funding). Further, localities also pay the overwhelming majority (90%) of costs to administer CSA. We believe the legislature should fully fund the state CSA pool, especially as local governments comply with new policy initiatives for children at risk of foster care/custody relinquishment. The state also should increase administrative funding, which is based on outdated cost data and capped at $1.5 million per year. In an effort to help contain costs and provide some relief to local governments, we recommend that the state establish contracts with CSA providers to provide for a uniform contract management process, improve vendor accountability and control costs. We also encourage the state to be proactive in making service providers available, especially in rural areas, and to support local and regional efforts to address areas of cost sharing among localities by procuring services through group negotiation. The state also should continue grants to localities for community-based alternatives for children served in CSA. I PUBLIC EDUCATION FUNDING Legislative Position ofTJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the legislature to fully fund the state share of the realistic costs of meeting the Standards of Quality (SOQ) and to enhance teacher salaries to help recruit and retain high-quality instructional personnel. 2 The state spent nearly $5 billion on public education in FY06, while local governments appropriated $5.8 billion. The amount spent by localities was $2.8 billion more than required by the state. We believe the state should resist changes that require localities to fund a greater share ofK-12 education costs. Rather, it should fully recognize and fund costs for the upcoming rebenchmarking of the SOQ, incentive and categorical programs. Altering the current rebenchmarking process to lower recognized costs would only serve to shift more costs to be borne by real estate taxes. Regarding teacher salaries, the state budgeted salary figure (on which it bases its share of teacher costs) falls well below both the statewide and national averages. Teacher pay comprises the majority ofK-12 expenditures, and local market conditions dictate the level of pay required to recruit and retain quality teachers. We believe that the localities in our region should be included in the "Cost of Competing Adjustment" now available only to various localities primarily in Northern Virginia. This would help other localities to reach and maintain competitive compensation to help recruit, develop and retain a highly qualified and diverse teacher workforce. Regarding school capital needs, we continue to urge state financial assistance with school construction and renovation needs, including funding for the Literary Loan and interest rate subsidy programs, and an increase in the maximum amount of Literary Fund loans from the current $7.5 million. Finally, we also recognize the importance of early learning on a child's success in school and urge full state funding for costs associated with expanding prekindergarten opportunities for four-year olds. LAND USE and GROWTH MANAGEMENT Legislative Position ofTJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities 1) support broadening of the road impact fee authority adopted in 2007, 2) encourage the state to provide local governments with additional tools to manage growth, and 3) oppose preemption or circumvention of existing local authority to regulate land use. The top regional priority during the 2007 General Assembly session was to secure enabling authority for impact fees. Road impact fees, building on existing authority for a small group of localities, were authorized for all but one county in our region. While this new authority is appreciated, its provisions are complex and challenging to implement. Accordingly, we support modification of this authority to make it more effective and usable, and to expand it to additional localities and for uses other than just roads. The past few years have seen an increase in both mandated and optional land use provisions applicable to local governments to help address growth issues. These include the addition of urban development areas in comprehensive plans, clustering for single- family residential developments, the transfer of development rights and expansion of conditional zoning and road impact fee authority. 3 To enhance our ability to pay for infrastructure costs and to support services associated with new developments, we endorse enabling legislation and optional provisions that include the following: · Authority for local ordinances for determining whether public facilities are adequate ("adequate public facility," or APF ordinances). · Optional cluster development as a land use tool for local governments. We also support 1) dedicated funding through the Virginia Land Conservation Foundation for the acquisition, preservation and maintenance of open space and recreation lands, 2) full authority to generate local dollars for such efforts, and 3) additional incentives for citizens to create conservation easements, including removing the cap on conservation easement tax credits approved in 2006. Finally, we support authority for localities to enact scenic protection and tourist enhancement districts. I TRANSPORTATION FUNDING Legislative Position ofTJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the state to establish separate, dedicated and permanent state revenue streams for Virginia's transportation infrastructure. The state also should not shift road maintenance and construction responsibilities to localities. While local governments appreciate the General Assembly's efforts to increase transportation funding, the 2007 initiative failed to address the state's huge long-term transportation challenges. The need to fund a declining transportation infrastructure is still dire and state dollars remain inadequate. Local governments need sustainable, dedicated, non-general funds from the state to support our transportation network. Absent such an investment, Virginia faces a congestion and mobility crisis that will stifle economic growth and negatively affect the quality of life of our residents. The state should direct its funding efforts at all transportation modes both statewide and regionally, targeting investments toward solutions that put money to work on new ideas and in tandem with leveraging private investment. It should account for urban area needs where public transportation is very important, the increasing traffic demands placed on fast-growing localities and the ongoing improvements necessary on rural, secondary roads. These improvements are vital to our region's ability to respond to local and regional congestion and economic development issues. We support ongoing state and local efforts to coordinate transportation and land use planning, without eroding local land use authority, and state incentives for localities that do so. We urge VDOT to be mindful of local comprehensive, land use and traillbicycle plans, as well as regional transportation plans, when planning transportation systems within a locality. We also request the following: 4 · That creation of any local transportation district serve to enhance accompanying public and private dollars for projects in accordance with local priorities, rather than to replace that funding · State funding for improvements along rural sections of the Rt. 29 corridor · Increased funding for the revenue-sharing program · Funding for the TransDominion Express · Allowing the use of Rural Rustic Road funds to pave rural addition roads · Increased funding to help mitigate transportation and other impacts (e.g. educational facilities) on localities affected by recommendations of the Defense Base Closure and Realignment Commission (BRAC). I LOCAL and STATE REVENUES Legislative Position ofTJPDC, Charlottesville, and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson The Planning District localities urge the governor and legislature to 1) resist unfunded mandates on localities, 2) protect state general fund revenues for core government services, and 3) preserve local revenues so that local officials can take appropriate steps to generate sufficient revenues to sustain and improve services. The state should honor its funding obligations for existing and new mandates. We oppose unfunded state mandates and the cost shifting that occurs when the state fails to fund mandates or reduces or eliminates funding for state-supported programs. This cost shifting reduces the ability, especially in our rural localities, to meet local needs and forces our citizens to bear local tax and fee increases (which our localities have implemented) to pay for programs and services. State funding reductions for state- required services/programs should be accompanied by relaxation of the state requirement. We believe the state should provide full funding for its mandates in all areas of local government, especially for certain state programs carried out at the local level, such as constitutional officers, human services positions and costs related to jails and juvenile detention centers. The state also should pay the full costs of any additional benefits it mandates to be provided for constitutional officers or their staffs. The state should protect the reliability of its general fund, as it supports core government services such as public education, health and human services and public safety, It also is critical that the state budget be provided "on time" to localities, so that they can have assurances about expected revenue streams. Finally, any changes to Virginia's tax code should not reduce local government revenues or restrict local taxing authority. The legislature should broaden the revenue sources available to local governments, rather than capping, removing or restricting them. The state should refrain from establishing local tax policy at the state level and allow local governments to retain authority over decisions that determine the equity of local taxation policy, if governing bodies are to provide cost-effective services. Any real estate homestead exemption that is approved should be on a local option basis. 5 I AREAS OF CONTINUING CONCERN II I ECONOMIC AND WORKFORCE DEVELOPMENT The Planning District's member localities recognize economic development and workforce training as essential to the continued viability of the Commonwealth. We support policies that closely link the goals of economic development and workforce development and the state's efforts to streamline and integrate workforce activities and revenue sources that result in an increased standard ofliving for all residents. · We support an the governor's Economic and Workforce Development Strategic Plan for the Commonwealth that more clearly defines responsibilities of state and local governments and includes new tools for local governments to use in attracting economic development opportunities. · We support enhanced funding for the Regional Competitiveness Act to continue meaningful opportunities for regional projects. We also support enhanced state funding for the Industrial Site Development Fund, the Governor's Opportunity Fund and tourism initiatives that help promote economic development in localities and regions. · We encourage the state and local governments to work with other entities to identify and promote local, regional and state agricultural products. · We support increased state funding for yemh workforce development programs, particularly career exploration and emplo)ment programs f-or teens, · \Ve support the ability of Virginia local and farm wineries to self distribute their products. · We encourage continuing state incentives and support for expanding broadband technology in underserved areas. · The state should recognize the disparity in rewards of economic development between the state and localities, as well as between host locality and surrounding areas. I ENVIRONMENTAL QUALITY The Planning District's member localities believe that environmental quality should be funded and promoted through a comprehensive approach and address air and water quality, solid waste management, land conservation and land use policies. Weare committed to the protection and enhancement of the environment and recognize the need to achieve a proper balance between environmental regulation and the socio-economic health of our communities within the constraints of available revenues. Such an approach requires regional cooperation due to the inter-jurisdictional nature of many environmental resources, and adequate state funding to support local and regional efforts. We believe the following: 6 · The state should not impose a fee, tax or surcharge on water, sewer, solid waste or other local services to pay for state environmental programs. To do so would set a disturbing precedent whereby the state could levy surcharges on local user fees to fund state priorities. · The state should reduce permit application fees associated with storm water management and stream mitigation projects, as recent fee increases have adversely impacted local abilities to adopt regional storm water management programs and to undertake projects needed for stream protection. Fees should be used only to cover costs of administering the program. · The legislature should provide funding for wastewater treatment and other necessary assistance to localities as it works to clean up the state's impaired waterways, while ensuring that system design standards remain compatible with any new state requirements. The state also should explore alternative means of preventing and remediating water pollution. · The state should not enact legislation mandating expansion of the area covered by the Chesapeake Bay Preservation Act. Instead, the state should provide legal, financial and technical support to localities that wish to comply with any of the Act's provisions, allow localities to use other practices to improve water quality and provide funding for other strategies that address point and non-point pollution. · The state should be a partner and advocate for localities in water supply development and should work with and assist localities in addressing water supply issues, including investing in regional projects. Also, the state's water supply planning efforts should continue to involve local governments. · The state should 1) ensure landfill closure schedules permit facilities posing no threat to property or the public to continue to operate through their allowable life, and 2) provide adequate funding for landfill closure and post-closure costs. · We support increased local government representation on the Biosolids Use Regulation Advisory Committee (BURAC). I HEALTH AND HUMAN SERVICES The Planning District's member localities recognize that special attention must be given to developing circumstances under which people, especially the disabled, the poor, the young and the elderly, can achieve their full potential. Reductions to community agencies are especially troublesome, as their activities often end up preventing more costly services later. The delivery of health and human services must be a collaborative effort from federal, state and local agencies. We urge the General Assembly to ensure funding is available to continue such valuable preventive services. · We oppose any changes in state funding or policies that result in an increase of the local share of costs for human services, including changes that would require additional local contributions for indigent care. · The state should increase funding to the Virginia Juvenile Community Crime Control Act (VJCCCA) program, which has produced a nearly 50% drop in Department 7 of Juvenile Justice commitments since 1998. Further, the state should maintain a formula-driven allocation process for VJCCCA funding. · The state should provide sufficient funding to allow Community Services Boards (CSBs) to meet the challenges of providing a community-based system of care, including maximizing the use of Medicaid funding. We believe children with mental health needs should be treated in the mental health system. where CSBs are the point of entry. We support state action to increase investment in the MR waiver program for adults and young people and Medicaid reimbursement for children's dental services. We also oppose any shifting of Medicaid matching requirements from the state to localities. · We support efforts to fund mental health and substance abuse services at juvenile detention centers. · We oppose new state or federal entitlement programs that require additional local funding. · We support sufficient state funding for local social services facilities and for local departments to maintain adequate office space to deliver services. We also request that the state provide funds for staffing local social services departments to 1) determine eligibility for residents seeking social services such as Medicaid, food stamps and Temporary Assistance to Needy Families (TANF), and 2) meet federal child and family services review goals. We also support state assistance for providing pre-admission screening services for nursing homes and for prompt investigation and services in cases involving abuse, neglect or exploitation of the elderly or disabled. · We support continued state funding for local Disability Services Boards, as well as restored state dollars for the Rehabilitative Services Incentive Fund. · We support sufficient state funding assistance for older residents, to include companion and in home services, home delivered meals and transportation. · We support the continued operation and enhancement of early intervention and prevention programs (and renewal of CSA Trust Fund dollars to support them), including school-based prevention programs which can make a difference in children's lives. This would include the state's program for at-risk four-year-olds, the Child Health Partnership and Healthy Families programs. · We support Virginia's welfare reform program and encourage efforts to promote family preservation and work requirements. The legislature should provide full funding to assist low-income working and TANF (and former TANF) families with childcare costs. These dollars help working-class parents pay for supervised day care facilities and support efforts for families to become self-sufficient. We oppose any initiatives to shift traditional federal and state childcare administrative responsibility and costs to local governments. We support state efforts to expand access to education and training needed by welfare recipients to become employed and self-supporting. We believe the current funding and program responsibility for T ANF employment services should remain within the social services realm. We also support a T ANF plan that takes into account and fully funds state and local implementation and support services costs. 8 I HOUSING The Planning District's member localities believe that every citizen should have an opportunity to afford decent, safe and sanitary housing. The state and local governments should work toward expanding and preserving the supply and improving the quality of affordable housing for the elderly, the disabled and low- and moderate-income households. Regional housing solutions and planning should be implemented whenever possible. · We support changes to the Code to allow 1) local flexibility in the operation of affordable housing programs, 2) for creation of a state housing trust fund, 3) establishment of affordable dwelling unit ordinances, 4) the award of grants and loans to low- or moderate-income persons to aid in purchasing dwellings, and 5) the provision of other funding to encourage the provision of affordable housing. · We support measures to prevent homelessness and to assist the chronic homeless. · We support incentives that encourage rehabilitation and preservation of historic structures. · In addressing the lack of input that local governments have concerning housing issues, we support local government notice provisions for all proposed low and moderate- income housing projects seeking federal tax credits, including VHDA. · We support VHDA criteria for funding which encourages rehabilitation of existing housing and discourages new construction in close proximity to existing subsidized housing. · We support retaining local discretion to regulate the allowance of manufactured homes in zoning districts that permit single-family dwellings. · We encourage and support the use of, and request state incentives for using environmentally friendly (green) building materials and techniques, which can contribute to the long-term health, vitality and sustainability of the region. I PUBLIC SAFETY The Planning District's member localities encourage state financial support, cooperation and assistance for law enforcement, emergency medical care, criminal justice activities and fire services responsibilities carried out locally. · We encourage the state to make Compensation Board funding a top priority, fully funding local positions that fall under its purview. It should not increase the local share of funding constitutional offices or divert funding away from local offices, but increase money needed for their operation, as local governments have continued to provide much supplemental funding for constitutional officer budgets. · The state should continue to allow exemptions from the federal prisoner offset and maintain the per diem payment to localities for housing state-responsible prisoners. · We support continued state funding of the HB 599 law enforcement program, drug courts and the Pre-Release and Post-Incarceration Services (PAPIS), Community Corrections and Pretrial Services Acts. 9 · \Ve endorse legislation that \vould have private branch exchange (PBX) telephone systems report an exact location to the 911 system for each line so that optimal information is provided to responding emergency workers. · We urge state funding for the Volunteer Firefighters' and Rescue Squad Workers' Service Award Program7 and other incentives that would help recruit and retain emergency service providers. Further. the state should improve access to and support for training for volunteer and paid providers. · We encourage shared funding by the state of the costs to construct and operate regional jails; however, we do not believe the state should operate local and regional jails. · We urge local involvement in planning processes for homeland security measures. · We support state funding to develop supervised visitation centers to protect children during visitation with non-custodial parents, when ordered by a court. I LOCAL GOVERNMENTSTRUCTUREANDLAWS The Planning District's member localities believe that since so many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom and tools to carry out their responsibilities. · We support legislation to enhance the ability of local governments to provide services required by citizens and to meet their responsibilities in state/local partnerships. Accordingly, we support a requirement for state agencies to notify localities of planned construction projects that may affect the locality's comprehensive plan. · We oppose intrusive legislation involving purchasing procedures; local government authority to establish hours of work, salaries and working conditions for local employees; matters that can be adopted by resolution or ordinance; and procedures for adopting ordinances. · We request that any changes to the Virginia Freedom of Information Act (FOIA) preserve 1) a local governing body's ability to meet in closed session, 2) the list of records currently exempt from disclosure under FOIA, and 3) provisions concerning creation of customized computer records. We support changes to allow local and regional public bodies to conduct electronic meetings as now permitted for state public bodies. · We support local requests to the state for enabling legislation to increase the income and financial worth limitations for real property tax exemption or deferral programs. · We encourage clarification of Code provisions that stipulate law enforcement responsibilities when transporting persons for whom a temporary detention order has been issued for emergency medical treatment or evaluation. · We oppose any changes to state law that further weaken a locality's ability to regulate noise or the discharge of firearms. · We support expanding local authority to regulate smoking in public places. · The state should amend the Code to require litigants in civil cases to pay for the costs associated with compensating jury members. · We support state funding for regional planning districts. · We support legislation to increase permissible fees for courthouse maintenance. 10 · The state should ensure that local connectivity and compatibility are considered in any centralizing of state computer functions. · The state must ensure that the continued implementation of electric utility restructuring is revenue neutral to localities and that any necessary stopgap appropriations to adversely affected localities are fully funded. 11 Attachment B Albemarle County's 2008 Legislative Priorities - Adopted July 11, 2007 Growth Manaaement. Land Use and Transportation · Local Authority: Request that the legislature further facilitate the HB 3202 legislation recently signed into law through: 1) Modifying the transportation impact fee authority to allow for its more effective implementation; 2) Strengthening localities' authority by enabling them to utilize adequate public facilities ordinances and other impact fees in addition to transportation; and 3) Not passing legislation that preempts or circumvents existing local authority to regulate land use, · Conservation Easements: Request the legislature support and augment local efforts in natural resource protection through 1) Continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally established and funded Purchase of Development Rights programs (e.g. ACE Program in Albemarle County); 2) Retaining current provisions in transient occupancy tax legislation so that funds can continue to be used to protect open-space and resources of historical, cultural, ecological and scenic value that attract tourism; and 3) Increase incentives for citizens to create conservation easements. · Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle County pilot program to provide for a scenic protection and tourist enhancement overlay district. As the County pursues options to protect the visual quality of land as an aesthetic and economic resource, this legislation would provide the County with a method to ensure full consideration of visual resources and scenic areas when the County or state makes land use decisions in designated areas. · Transportation Funding: Request the legislature 1) Establish stable and consistent state revenues for Virginia's long-term transportation infrastructure needs; 2) direct funding efforts at all transportation modes; 3) Coordinate planning for transportation and land use, being mindful of local Comprehensive and regional Transportation Plans when planning transportation systems within a locality; and 4) Not shift transportation responsibilities, including maintenance, to localities. Health and Human Services · Comprehensive Services Act (CSA): Request the legislature assist localities' implementation of CSA in a consistent, financially stable manner by: 1) Fully funding the state pool for CSA with allocations based on realistic anticipated levels of need and a cap on local expenditures for serving a child through CSA; 2) Enhancing state funding for grants to localities to create community-based alternatives for children served in CSA; 3) Establishing state contracts with CSA providers to provide for a uniform contract management process, improve vendor accountability and control costs; and 4) Encouraging the state to be proactive in making service providers available and to support local and regional efforts to address areas of cost sharing among localities by procuring services through group negotiation. · Child Care for Low Income Working Families: Request the legislature provide additional funds to local governments to assist low-income working families with childcare costs, This funding helps working-class parents pay for supervised day care facilities and supports efforts for families to become self-sufficient. Local Government Administration I Laws · Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local government including the Standards of Quality (SOQs), positions approved by the Compensation Board, costs related to jails and juvenile detention centers and human services positions. · Local Control of Local Revenues: Request the legislature take no action to restrict or limit the existing local control of local revenues so that local government leaders can take appropriate measures to generate sufficient revenues to sustain and improve services. · Cost to Compete Pay Differential: Due to the documented high cost of living in Albemarle County, request the legislature include Albemarle County Schools in the "Cost to Compete Pay Differential" so that the County may reach and maintain competitive compensation to help recruit, develop and retain a highly qualified and diverse teacher workforce. . . . County of Albemarle MEMORANDUM TO: Members of the Board of SupeNisors Meagan Hoy, Senior Deputy Clerk l:'YYli1!'L October 3, 2007 FROM: DATE: RE: Vacancies on Boards and Commissions Attached please find an updated listing of vacancies on boards and commissions through March 2008 provided for informational purposes only. The following Boards and Commissions have been advertised and inteNiews are set as follows: Jefferson Area Disability Services Board: (1 vacancy): 12:30 a.m, -Mark Rooks (Business Representative) Natural Heritaae Committee: (1 vacancy): 12:40 a.m. -Gary Beasley The following Boards and Commissions have been advertised and applications were received as follows: Architectural Review Board: (1 vacancy): Stanley Binsted William Daggett Michael Wheelwright Jefferson Area Disability Services Board: (2 vacancies: One business/employer representative and one local government representative): Mark Rooks (business representative, inteNiew set) Natural Heritaae Committee: (1 vacancy): Gary Beasley (inteNiew set for today) Michael Wheelwright (Previously inteNiewed) The following reappointments require action by the Board: Jefferson Area United Transportation Board (JAUNT): Raymond East Land Use Tax Advisory Board: Dan Maupin Montie Pace Fred Shields Natural Heritaae Committee: Diana Foster Phil Stokes (.. 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Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant While Hall October 9,2007 Mr. William Daggett 2345 Earlysville Road Earlysville, VA 22936 Dear Mr. Daggett: At the Board of Supervisors meeting held on October 3,2007, you were appointed to the Architectural Review Board to fill an expired term which will expire on November 14, 2008. Duties of this Board are set out in Section 30.6, Entrance Corridor Overlay District, of the Albemarle County Zoning Ordinance. Members are paid $45.00 per meeting (Albemarle Code Section 2-1105). I have attached an updated roster with the names of other members of the Board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, ~ cJLfL Kenneth C. Boyd Chairman KCB/mrh Enclosure cc: Commonwealth's Attorney County Attorney Wayne Cilimberg Margaret Maliszewski * Printed on recycled paper Kenneth C. Boyd Rivanna COUNrY OF ALBEMARlE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Vrrginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 David L. Slutzky Rio lindsay G. Dorrier, Jr. Scotisville Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouell David C. Wyant While HaD October 9, 2007 Mr. Mark Rooks 1333 Coles Rolling Road Scottsville, VA 24590 Dear Mr. Rooks: At the Board of Supervisors meeting held on October 3, 2007, you were appointed to the Jefferson Area Disability Services Board, with said term to expire June 30, 2010. I have attached an updated roster with the names of other members of the committee, On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, ~C,~. Kenneth C. Boyd Chairman KCB/mrh Attachment cc: Commonwealth's Attorney County Attorney Rochelle Garwood, T JPDC (j Printed on recycled paper Kenneth C. Boyd Ilivanna Undsay G. Dorrier, Jr. ScottsviJle Dennis S. Rooker Jack Jouett Mr. Raymond E. East 3340 Rosedell Lane Charlottesville, Virginia 22903 Dear Mr. East: COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Vlfginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 October 9, 2007 At the Board of Supervisors meeting held on October 3,2007, the Board reappointed you as a member of the JAUNT Board. This new tenn will expire on September 30, 2010. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. KCB/mrh cc: Commonwealth's Attorney County Attorney Donna Shaunesey S'kL~c ~~, Kenneth C. Boyd Chainnan * Printed on recycled paper David L. Slutzky Rio Sally H. Thomas Samuel Miller David C. Wyant White HaD Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Vrrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. Sco_ Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant White HaD October 9, 2007 Mr. Dan Maupin 3094 Maupin Drive Charlottesville, VA 22901-5149 Dear Mr. Maupin: At the Board of Supervisors meeting held on October 3,2007, you were reappointed to the Land Use Tax Advisory Board, with said term to expire September 1, 2009. Members are paid $45.00 per meeting (Albemarle Code Section 2-1105). I have attached an updated roster with the names of the other members of the board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, L~c-~ Kenneth C. Boyd Chairman KCB/mrh Attachment cc: Bruce Woodzell, County Assessor Commonwealth's Attorney County Attorney * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, VIrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. ScotlsviIIe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White HaD October 9, 2007 Mr. Montie Pace 3376 Stony Point Road Charlottesville, VA 22911 Dear Mr. Pace: At the Board of Supervisors meeting held on October 3,2007, you were reappointed to the Land Use Tax Advisory Board, with said term to expire September 1, 2009. Members are paid $45.00 per meeting (Albemarle Code Section 2-1105). I have attached an updated roster with the names of the other members of the board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, ~~\:l c-IL-~ Kenneth C. Boyd Chairman KCB/mrh Attachment cc: Bruce Woodzell, County Assessor Commonwealth's Attorney County Attorney * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-45% (434) 2%-5843 FAX (434) 296-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. ScotlsviIIe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant White HaD October 9, 2007 Mr. Fred Shields 1012 Morningside Lane Charlottesville, VA 22903 Dear Mr. Shields: At the Board of Supervisors meeting held on October 3,2007, you were reappointed to the Land Use Tax Advisory Board, with said term to expire September 1, 2009. Members are paid $45.00 per meeting (Albemarle Code Section 2-1105). I have attached an updated roster with the names of the other members ofthe board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue serving the County in this capacity. Sincerely, tL~ c ~fl--- Kenneth C. Boyd Chairman KCB/mrh Attachment cc: Bruce Woodzell, County Assessor Commonwealth's Attorney County Attorney * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, VIrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. Scottsville Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant White HaD October 9, 2007 Diana Foster 400 Balbion Drive Earlysville, VA 22936 Dear Ms. Foster: At the Board of Supervisors meeting held on October 3, 2007, you were reappointed to the Natural Heritage Committee, with said term to expire September 30,2011. I have attached an updated roster with the names of the other members of the Board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, lL~c~. Kenneth C. Boyd Chairman KCB/mrh Attachments cc: Scott Clark Commonwealth's Attorney County Attorney * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 40 1 Mcintire Road Charlottesville, Vrrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Sally H. Thomas Samuel Miller Undsay G. Dorrier, Jr. Scottsville Dennis S. Rooker Jack Jouett David C. Wyant White HaD October 9,2007 Mr. Phil Stokes 110 Apple Lane Charlottesville, VA 22903 Dear Mr. Stokes: At the Board of Supervisors meeting held on October 3, 2007, you were reappointed to the Natural Heritage Committee, with said term to expire September 30, 2011. I have attached an updated roster with the names ofthe other members of the Board. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, ~ C r&-fL Kenneth C. Boyd Chairman KCB/mrh Attachments cc: Scott Clark Commonwealth's Attorney County Attorney * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, VIrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. ScotlsviIIe Sally H. Thomas Samuel Miller Dennis S. Rooker Jack Jouett David C. Wyant While HaD October 9, 2007 Mr. Michael Wheelwright Mill Creek South 453 Hidden Ridge Road Charlottesville, VA 22902 Dear Mr. Wheelwright: On behalf of the Albemarle County Board of Supervisors, I want to thank you for your interest in serving on the Architectural Review Board. The Board did make an appointment on October 3, and although you were not selected to serve, the Board thanks you for your interest and hopes you will consider applying for openings on other County boards and commissions in the future. Sincerely, ~~ C ~____. Kenneth C. Boyd Chairman KCB/mrh * Printed on recycled paper Kenneth C. Boyd Rivanna COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Vrrginia 22902-45% (434) 2%-5843 FAX (434) 2%-5800 David L Slutzky Rio Undsay G. Dorrier, Jr. ScotlsviIIe Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller David C. Wyant While HaD October 9,2007 Mr. Stanley Binsted 313 Gloucester Road Charlottesville, VA 22901 Dear Mr. Binsted: On behalf of the Albemarle County Board of Supervisors, I want to thank you for your interest in serving on the Architectural Review Board. The Board did make an appointment on October 3, and although you were not selected to serve, the Board thanks you for your interest and hopes you will consider applying for openings on other County boards and commissions in the future. Sincerely, \~C~ Kenneth c. Boyd Chairman KCB/mrh * Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CIP Process Overview AGENDA DATE: October 3, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSAL/REQUEST: Board input regarding potential changes to the process CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTAcTCS): Tucker, Foley, Letteri ATTACHMENTS: Yes ~ REVIEWED BY: LEGAL REVIEW: No BACKGROUND: The Capital Improvement Program (CIP) serves as the major financial planning guide for County expenditures towards capital facilities and equipment over a five-year period. In a broad sense, the CIP is based on the physical needs of the County as identified in the Comprehensive Plan. More specifically, projects emerge as a result of condition assessment surveys, space planning studies, transportation studies, capital maintenance needs, population growth, etc., usually conducted or identified by departments or divisions of the County and submitted to the CIP process as more fully described in Exhibit 1. In recent years, the Board authorized modifications to the CIP process, most notably in the establishment of the CIP Technical Review Committee (TRC) and the CIP Oversight Committee (OC). The respective charge for these committees is attached as Exhibits 2 and 3. Other changes included modifications to the CIP Calendar to allow more time for the School Board to review projects in advance of their submittal to the Oversight Committee. These recent improvements have strengthened our review process and have enhanced our ability to complete the CIP process in a timely and effective manner. That said, we believe further improvements or refinements may be necessary to achieve a successful process which is fully aligned with the objectives of the Board STRATEGIC PLAN: Goal Three: Develop Policies and Infrastructure Improvements to Address the County's Growing needs. DISCUSSION: The overriding goal in the design of the CIP process is to ensure that needed projects are properly identified, prioritized and estimated in a practical and timely manner to facilitate financial planning. We acknowledge the time and financial limitations of the process and seek to find the right balance of research, study and analysis that goes into each proposal as we consider the myriad of projects against limited resources. The formation of the TRC was to provide a screening and review process which ensures that". ... the technical aspects and costs of each of the requested projects have been well researched and documented" prior to submission to the Oversight Committee. The TRC will also review, evaluate and document the need for each project to make recommendations for priority funding based on the established CIP evaluation criteria. The purpose of the Oversight Committee is to assist the County by reviewing and evaluating the recommended clP projects brought forward by the TRC. In particular, the OC will"... .ensure that the proposed CIP projects are aligned with County policies, established priorities and long term vision, as defined in the County's Strategic Plan. The Committee will also assure that the recommended 5-year CIP is aligned with approved financial policies and that the County's financial stability is maintained through the prudent use of its resources." In the spirit of continuous improvement, we believe we have made good progress in enhancing our CIP process; however, recent experience - perhaps most notably our review of the School Support Services Complex - suggests that more front- end work in the form of study, research and evaluation is necessary or expected. Staff believes that we need to more clearly define the level or extent of pre-project planning. At the Board meeting on Wednesday, staff will provide an overview of the current CIP process; review the purpose and function of the TRC and OC; offer suggestions for potential additional process improvements; and solicit guidance from the Board as to modifications or improvements that help to align the process with the objectives of the Board. BUDGET IMPACT: None RECOMMENDATIONS: Approval and confirmation of the current CIP process and calendar with mod'lf" t' . , Ica Ions as appropnate. ATTACHMENTS Attachment A - CIP Process Overview Attachment B - CIP Technical Review Committee Charter Attachment C CIP Oversiqht Committee Charter Attachment A FY 2008 to 2017 Capital Planning Process Overview The 5-Year Capital Improvements Program (CIP) and the 10-Year Capital Needs Assessment serve as the planning guides for County expenditures on major capital facilities and equipment needs over the next 5- and 10- year periods respectively, and represent a process designed to balance between finite resources and an ever increasing number of competing County priorities and needs, including capital facilities. The overall capital planning cycle operates on a 2-year time frame. The first year of the cycle involves the assessment of all capital projects and development of the complete 1 O-year Capital Needs AssessmenUCIP; while the second year of the cycle addresses only amendments and refinements of the currently approved CIP needed to accommodate urgent or emergency projects and updated cost estimates. What is the Capital Needs Assessment? As part of the redesigned Capital I mprovements Program process, the 10- Year Capital Needs Assessment was initiated to help identify County capital needs that are beyond the traditional 5-year CIP period. This 1 O-year assessment, which is updated every other year, helps to form the basis of the 5-year CIP as projects are brought forward into the CIP from the Needs Assessment, in addition to helping to improve the long-range forecasting of future capital needs for both planning and financing purposes. What is the CIP? The CIP is the planning guide for County expenditures for major capital facilities and equipment over the upcoming 5-year period. It is based for the most part on the "physical needs" of the County as identified in the Capital Facilities Plan, which is a section of the County's Comprehensive Plan, and other established planning documents that have been prepared. What is the Capital Budget? The current budget year of the Capital Improvements Program is called the Capital Budget, and funds are appropriated each year to fund those capital projects in the budget year of the CIP (Le., the first fiscal year in the CIP) in the same manner as funds are appropriated for the County's annual operating budget. Those projects scheduled in the CIP for subsequent years are approved for planning purposes only and do not receive expenditure authority until they become part of the annual capital budget. What is a Capital Project? A capital project is a planned expense for a facility or physical item requiring a minimum expenditure of $20,000 by the County, having a useful life span of 10 years or more (except for technology projects), and meeting one or more of the following definitions: · Involves the acquisition or construction of any physical facility for the community; · Involves the acquisition of land or an interest in land for the community; · Involves the acquisition or construction of public utilities; · Involves the ongoing acquisition of major equipment or physical systems, Le., computer technology, radio systems, major specialized vehicles, etc.; · Involves modifications to facilities, including additions to existing facilities, which increase the square footage, useful life, or value of the facility; and/or · Capital maintenance or replacement projects on existing facilities, as defined below. Capital Proiect Costs include all expenses directly related to the acquisition or construction of any physical facility, land parcel or major system, such as consultant or professional services for planning, design, survey, engineering, and construction; permit fees; site preparation; installation of utilities and infrastructure; and acquisition of capital equipment and durable commodities required in order for the constructed or acquired facility to be opened and become initially operational. A Capital Maintenance or Replacement Proiect is a non-recurring project to repair, maintain or replace existing capital facilities for the purpose of protecting the County's investment in a facility and minimizing future maintenance and replacement costs. To be classified as a capital maintenance project, a project must have an interval between expenditures of at least 5 years. Individual maintenance projects may have a minimum value of less than $20,000. Since Information Technoloav Purchases are durable products but typically may have a useful life of only 3 to 5 years, these purchases are planned in the CIP, but generally funded in the Capital Budget on a "pay-as-you-go" basis from either current revenues, other non-borrowed sources of funding, such as state revenues (when available), or other local non-General Fund revenues. Evolution of the CIP Process In the spring of 2000, the Board of Supervisors held a number of work sessions on long-range capital needs. These work sessions identified some of the significant capital needs facing the County over the next 10 years, in light of on-going revenue limitations within the Capital Improvements Program. As a result of these discussions, the Board approved a staff recommendation that a strategic planning process be developed that: a) identifies the long-range capital needs facing the County; b) solicits guidance from the Board on funding priorities; and c) addresses options for financing the County's capital project priorities. In support of the objective recommended by the Board, a financial advisor, Davenport and Company, was retained to assist the County in developing a financing strategy for capital projects. Additionally, the budgeting process for capital projects was re-designed to incorporate a long-range capital needs assessment and a multi-year planning process. Changes to the County's capital budget process have been made to implement a streamlined, 2-year capital planning process that begins in Year One with a detailed review of the County's anticipated capital project needs for the upcoming 1 O-year period and the preparation of a complete capital improvements program for the first 5 years of that period. Year Two is a streamlined review of the existing CIP to address amendments needed to provide for emergency or unanticipated urgent needs. Capital Planning Cycle Phases by Year This current cycle of the County's capital planning process for FY 07108 through FY 16/17 projects begins in the summer of calendar year 2006 and runs through the spring of calendar year 2007. FY08 is Year One of the next 2-year capital planning cycle and involves the development of both the long-range 10-year Capital Needs Assessment for FY 13-17 and the 5-year CIP for FY 08-12. In Year One, new projects can be requested and existing projects are reviewed and updated as necessary. The Board of Supervisors reviewed and approved the final FY 08-12 CIP & FY 13-17 Capital Needs Assessment and adopted the FY 07108 annual Capital Budget in June 2007. Year 2: The latter half of calendar year 2007 and the winter-spring of 2008 are Year 2 of the 2-year capital planning cycle and will involve only a streamlined review of urgent or emergency project needs and updated cost estimates for projects included in the FY 08-12 CIP. During Year Two of the CIP cycle, no changes will be made to the 1 O-year capital needs assessment. Changes in the first four years of the approved CIP will be made only for emergency needs, or projects meeting clearly identified critical needs that cannot wait until the next full planning cycle. How are Capital Project Requests Reviewed? The complete 1 O-year plan of proposed capital projects is first reviewed and approved by the CI P Technical Review Team (TRT). During the FY07 budget process, the Technical Review Committee was split into two committees; the Technical Review Team (TRT) and CIP Oversight Committee. The Technical Review Team is comprised of County staff and is tasked with reviewing the detailed, technical aspects of project requests and project status. The CIP Oversight Committee, comprised of executive level staff members, one Planning Commission member, two Board of Supervisors members, two School Board members, and one citizen member is tasked with conducting an overall review of the 10 year CIP plan. It is then reviewed by the County's Planning Commission, and finally by the Board of Supervisors as recommended to them by the County Executive for their approval. The Board of Supervisors subsequently approves both the CIP and the annual Capital Budget for projects to be funded in the upcoming fiscal year during the annual budget review process. What are the Established Evaluation Criteria? Project evaluation criteria have been established and are used by the committees to review and evaluate all capital projects and their cost estimates. All projects are evaluated against various factors which the submitting department/agency is asked to address on each of the applicable CIP Forms, such as the Project Request Form, and the basis of cost estimates provided on the Project Cost Summary Form, and the several Project Cost Detail Forms, all of which are fully described in these instructions. The TRT also ranks new capital projects, based on staff analyses done by the General Services Department, and the County Office of Management and Budget (OMB) staff. Mandated, committed, and non-discretionary maintenance/replacement projects are not ranked, but are automatically funded as number one priorities. Committed Proiects are defined as those ongoing projects that already have received funding in a prior year, but which require additional funding for completion. Projects in the CIP plan that have not received any prior year funding are not considered committed projects. Consistent with the policy of restricting the addition of new projects to the period of the Capital Needs Assessment (Years 6-10) or the fifth year of the CIP (unless there is an unusual, well-justified, urgent priority need of the County to be met by entering the project in the second, third or fourth year), most projects in the first four years of the CIP will already have been evaluated under these same criteria. If there are no significant changes in driving factors, the projects in the first four years will receive the same previous ranking. It also is the County's goal to ensure that non-discretionary maintenance and repair projects are funded before new projects are undertaken, which is why they are considered a higher priority than new projects. As stated in the County's financial policies, the goal is to fund the maintenance and repair proiects as much as possible with current revenues, rather than through borrowed funds. School Division Capital Proiects follow the same 2-year capital planning process and procedures as all other County projects, with some additional steps added by the School division to meet their special needs. The School Board prioritizes and approves future school capital projects and submits them to the County Executive's Office and CIP TRT as requested capital projects in the 10-year Needs Assessment and 5-year CIP to be addressed and balanced within anticipated available revenues and County-wide debt management policies and capacity. The CIP review schedule provides for a two week review period for any new project in the CIP requiring construction. However, departments and agencies are encouraged to consult with the General Services Department as early as possible in the capital planning cycle regarding the engineering requirements for new projects under consideration or being proposed for the capital plan, and for any significant revisions to existing projects. Consultation should continue throughout the CIP preparation and review process. Relationship to Approved Financial Policies The CIP is developed in a manner consistent with approved County financial policies that set guidelines for the CIP and for the funding of maintenance and replacement projects: · Coordinating Capital Budget with Operating Budget. In alignment with the approved policies, the Capital Improvements Program continues to be coordinated with the operating budget process. · Asset Maintenance and Replacement. The CIP also reflects the County's dedication to maintaining and enhancing its capital stock by increasing the ongoing funding for maintenance and repair projects in both General Government and School Division capital improvement programs. School Division roof replacements, HV AC system replacements and paving projects continue to be funded with 20-year VPSA bonds. · Financing Capital Projects with Current Revenues. The financial policies state that "... the County ... will... increase incrementally the percentage of its capital improvements financed by current revenues. The County's goal will be to dedicate a minimum of 5% of the annual General Fund revenues... to the Capital Improvements Program." Projections of Revenues and Debt Service To implement a more realistic plan of projects in the next 5-year period, the County staff provides the review committees with a forecast of revenues anticipated to be available and expected debt service costs needed to support CIP projects over the next five years. Although revenue estimates may vary in either direction, the general revenue parameters and debt service requirements are used by the review teams to help prioritize and stage projects over the 5-year planning and the 1 O-year assessment periods. Local revenues, bond proceeds and debt service costs are projected for the full 1 O-year assessment period, although the difficulty of accurately projecting revenues and economic conditions over such a long period of time will make these out-year revenue estimates highly variable and subject to biennial revision. CIP Funding Capability The County's capital funding capability is the direct result of the Board of Supervisors increasing the commitment of tax revenues and one-time funds to a long-term capital investment strategy. This strategy provides funding to the CIP in three ways: · Increases the General Fund transfer to the capital program inclusive of debt each year by the rate of revenue growth; · Sets aside an additional one-half of percentage point of total operating budget growth to the capital fund; · Dedicated two cent of the tax rate to the capital/debt reserve each year. Debt Capacity One of the County's approved financial policies pertaining to debt capacity was amended in October, 2000. The former policy "The ratio of Debt Service Expenditures to General Fund Revenues should not exceed 10%" was amended to read: "The ratio of Debt Service Expenditures to General Fund and School Fund Revenues should not exceed 10%." This amended policy is more consistent with generally accepted financial policies from other localities that use both school and general operating revenues as the basis of the debt capacity ratio. The amended County Financial Policies recommend that long-term debt and associated debt service levels remain within certain target limits as follows: 2% of the assessed value of taxable property, or 10% of General Fund and School Fund revenues for debt service. Contingency Reserve The CIP and the Capital Budget include a Contingency Reserve amount to be used for maintaining a reliable base of funding over the 5-year CIP period or to help meet unanticipated capital needs in the outlying years of the CIP. This reserve may be used to offset unanticipated increases in construction costs for funded projects or the fluctuating amounts of annual debt service payments required for existing projects, to provide a source of funding for unanticipated emergency projects, to offset any downward fluctuations in the 5-year revenue projections, and/or to provide a source of funding for additional infrastructure improvements which may be approved by the Board of Supervisors. . FY 08-12 CIP and 13-17 Needs Assessment FY08109 Budget Year Calendar June 15 Post CIP Instructions and Forms to CIP Team Services Site August 20 Department and Agency Project Justifications & Cost Data Due to OMS September 4 Send CIP Request Forms to Facilities Development for Review 24 Facilities Development Sends Evaluations of CIP Project Requests to OMS 27 All CIP Forms and Facilities Development's Evaluations Posted to Team Services Site October 4 CIP Project Requests and Facilities Development Evaluations Sent to the CIP Technical Review Team (TRT) 18 Meeting #1 - CIP TRT Meeting to review CIP Project Requests and 10 Year Assessments 19 - 24 Departments and Agencies Respond to TRT Questions and Comments 25 Meeting #2 - CIP TRT Meeting to Review Project Analyses, Department/Agency Response 31 School Division Project Cost Data Posted To Team Services and Approved School Board Document to OMB November 5 Meeting #3 - CIP TRT Meeting (Schools Projects and CIP Revenue Overview) 8 CIP Project Requests and Information sent to CIP Oversight Committee 19 Meeting #1 - CIP Oversight Committee Meeting 26 Meeting #2 - CIP Oversight Committee Meeting (School Projects) and CIP Revenues Overview 29 Meeting #3 - CIP Oversight Committee Meeting (if needed) December 3 County Executive Staff Preliminary Review of Recommended CIP 5 Joint Meeting of Board of Supervisors and School Board to Review CIP Recommendations 10 Final Recommended CIP Document Prepared 18 Planning Commission Presentation for Comment January 7 County Executive Review/Approve Recommended CIP February 29 County Executive's Recommended Budget & CIP Document to Board of Supervisors (BOS) March 17 Board Work Session - CIP Budget April 2 Public Hearing on the FY 08/09 Proposed Operating and Capital Budgets 9 BOS Adopts FY 08/09 Budget & FY 09-17 CIP Attachment B CIP Technical Review Team Charter Charge: The Capital Improvement Program (CIP) is the planning guide for County expenditures for major capital facilities and equipment and includes a 5- year approved CIP balanced to revenues and a ten-year Capital Assessment to identify long-term capital needs beyond the 5-year CIP. The CIP Technical Review Team will assist the County in the CIP process by assuring that the technical aspects and costs of each of the requested projects have been well researched and documented. The team will also review, evaluate and document the need for each project and make recommendations for priority funding based on the established CIP evaluation criteria. The CIP Technical Review Team will report their recommendations to the CIP Oversight Team. Member Responsibilities: · Review all CIP project requests for clarity, accuracy and appropriate timing; · Meet with project submitters to clarify requests and propose revisions, if needed; · Rank requested CIP projects based on established evaluation criteria; · Review available revenues and debt service requirements for project requests based on approved County financial policies; · Prioritize 5-year CIP projects based on their ranking and available revenues; · Develop a recommended CIP scenario (s) for the 5-year CIP and the ten- year Capital Needs Assessment; · Forward recommendation to the CIP Oversight Team for their review. Team Composition: The CIP Technical Review Team is recommended to be composed of the following members: Melvin Breeden Joe Letteri Jackson Zimmermann Steve Allshouse George Shad man Brenda Neitz David Benish Jay Gauldin Melvin Breeden, OMB Director will serve as the Team Leader to ensure that the Team's work is documented and effectively communicated. Time Frame: The CIP Technical Team will meet as needed during the month of October. June 15, 2006 Revised: September 17, 2007 Attachment C CIP Oversight Committee Charter Charge: The Capital Improvement Program (CIP) is the planning guide for County expenditures for major capital facilities and equipment and includes a 5- year approved CIP balanced to revenues and a ten-year Capital Assessment to identify long-term capital needs beyond the 5-year CIP. The CIP Oversight Committee will assist the County in the CIP process by reviewing and evaluating the recommended CIP brought forward by the CIP Technical Review Team. The Committee will assure that the proposed CIP projects are aligned with County policies, established priorities and long term vision, as defined in the County's Strategic Plan. The Committee will also assure that the recommended 5-year CIP is aligned with approved financial policies and that the County's financial stability is maintained through the prudent use of its revenues. The CIP Oversight Committee will report its recommendations directly to the County Executive. Member Responsibilities: · Review the recommended CIP presented by the CIP Technical Review Team; · Ensure that all CIP projects carry out the County's long-range goals and objectives; · Ensure that the recommended 5-year CIP addresses County needs through the proper timing and prioritization of local government and school division projects; · Ensure that County revenues are used wisely to address the County's capital needs and that the recommended CIP conforms to approved financial policies, including the use of on-going revenues and borrowed funds; · Propose revisions or adjustments to the 5-year CIP proposed by the CIP Technical Review Team, if needed; · Recommend a 5-year CIP with any documented revisions to the County Executive. Team Composition: Tom Foley, Assistant County Executive, will serve as the Team Leader to ensure that the Team's work is documented and effectively communicated. Lindsay Dorrier David Wyant Diantha McKeel Jon Stokes Pete Craddock, Planning Commission Tom Foley Bryan Elliott Diane Behrens Richard Wiggans Chris Lee Bill Letteri Time Frame: The CIP Oversight Committee will meet during the month of November. Revised: September 17, 2007 OCTOBER 3, 2007 CLOSED SESSION MOTION I MOVE THAT THE BOARD GO INTO CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA · UNDER SUBSECTION (1) TO CONSIDER APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS; · UNDER SUBSECTION (3) TO CONSIDER TWO MATTERS RELATING TO THE ACQUISITION OF REAL PROPERTY NECESSARY TO PROVIDE ACCESS TO A PARK FACILITY; · UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF REGARDING SPECIFIC MATTERS REQUIRING LEGAL ADVICE RELATING TO AN INTERJURISDICTIONAL AGREEMENT; AND · UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL REGARDING PROBABLE LITIGATION RELATING TO COURTHOUSE FACILITIES. COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008019 EXPLANATION: Reappropriation of Outstanding Purchase Orders SUB LEDGER GENERAL LEDGER TYPE FUND I DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT SEE ATTACHED DETAIL - General Fund Finance - Administration J 1 1,000.00 Voter Registration J 1 38,070.00 Police J 1 26,223.10 Fire Rescue - Administration J 1 7,598.13 Fire Rescue - Training J 1 903.45 Fire Rescue - Operations J 1 12,022.26 Fire Rescue - Northern Fire J 1 9,888.00 General Services - Solid Wast J 1 7,965.60 Gen. Services - Administration J 1 3,000.00 Gen. Services - Maintenance J 1 5,471.23 Stormwater Management J 1 85,916.00 Gen. Services - Grounds Maint J 1 15,948.00 Parks - Maintenance J 1 6,422.86 Parks - Summer Swim J 1 108.17 Comm. Devel. - Admin J 1 58,917.33 Comm. Devel. - Planning J 1 71,249.83 Zoning & Current Develop J 1 59,075.25 2 1000 51000 510100 Appropriation - FIB J 2 409,779.21 1000 0501 Est. Revenue 409,779.21 0701 Appropriation 409,779.21 See Attached Fund 9200- Motor Veh. Motor Veh. Replace - Parks J 1 30,571.10 2 9200 51000 510100 Appropriation - FIB J 2 30,571.10 9200 0501 Est. Revenue 30,571.10 0701 Appropriation 30,571.10 SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT See Attached Fund 4110 - 800 MHz ECC-Radio System J 1 2,912.50 800 MHz Radio System J 1 343,053.76 2 4110 51000 510100 Appropriation - FIB J 2 345,966.26 4110 0501 Est. Revenue 345,966.26 0701 Appropriation 345,966.26 See Attached Fund 4115 - Mobile Data Mobile Data J 1 534,362.16 2 4115 51000 510100 Appropriation - FIB J 2 534,362.16 4115 0501 Est. Revenue 534,362.16 0701 Appropriation 534,362.16 See Attached Fund 2111 Instructional Support J 1 48,762.31 See Attached Fund 2114 Media Services J 1 11,985.00 See Attached Fund 2115 Computer Technology J 1 7,707.47 See Attached Fund 2117 Professional Development J 1 1,253.04 See Attached Fund 2118 DPT Guidance & Evaluation J 1 123,251.91 See Attached Fund 2410 Executive Services J 1 912.00 See Attached Fund 2411 Community Engagement J 1 7,483.13 See Attached Fund 2430 Support/Planning Services J 1 10,878.31 See Attached Fund 2433 Building Services J 1 17,637.27 2 2000 51000 510100 Appropriation - FIB J 2 229,870.44 2000 0501 Est. Revenue 229,870.44 0701 Appropriation 229,870.44 See Attached Fund 3104 Miscellaneous School Grants J 1 2,675.00 2 3104 51000 510100 Appropriation - FIB J 2 2,675.00 3104 0501 Est. Revenue 2,675.00 0701 Appropriation 2,675.00 See Attached Fund 3202 E D Program J 1 235.40 2 3202 51000 510100 Appropriation - FIB J 2 235.40 3202 0501 Est. Revenue 235.40 0701 Appropriation 235.40 SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT See Attached Fund 3205 Pre-School Special Ed 44.02 2 3205 51000 510100 Appropriation - FIB J 2 44.02 3205 0501 44.02 0701 44.02 See Attached Fund 3907 Computer Equip. Replace J 1 304,154.43 2 3907 51000 510100 Appropriation - FIB J 2 304,154.43 3907 0501 Est. Revenue 304,154.43 0701 Appropriation 304,154.43 TOTAL 3,715,316.04 1,857,658.02 1,857,658.02 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/4/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008020 EXPLANATION: DCJS Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1521 33000 330001 Grant Revenue - Federal J 2 3,118.00 2 1521 51000 512004 Transfer - General Fund J 2 1,041.00 1 1521 31013 550100 TravelfTraining/Education J 1 3,414.00 1 1521 31013 601600 Data Processing Supplies J 1 745.00 J 1 1000 31013 930210 Transfer - Mise Police Grants J 1 1,041.00 1 1000 31013 550100 TravelfTraining/Education J 1 (854.00) 1 1000 31013 601600 DP Supplies J 1 (187.00) 1521 0501 Est. Revenue 4.159.00 0701 Appropriation 4,159.00 TOTAL 8,318.00 4,159.00 4,159.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/4/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008021 EXPLANATION: Operation Strobe Blue grant for Sheriff Department SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1214 21070 120000 Overtime J 1 5,000.00 1 1214 21070 601000 Police Supplies J 1 6,328.00 2 1214 24000 240010 Grant Revenues - State J 2 9,000.00 2 1214 51000 512004 Transfer from G/F J 2 2,328.00 1214 0501 11,328.00 0701 11,328.00 TOTAL 22,656.00 11,328.00 11,328.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/17/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008022 EXPLANATION: Reappropriation - Foxfield Overtime Grant and Family Treatment Court Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1000 51000 510100 Appropriation - F/B J 2 4,690.71 1 1000 31013 120310 PO - Overtime - Special Event J 1 4,331.87 1 1000 31013 210000 FICA J 1 358.84 1000 0501 Est. Revenue 4,690.71 0701 Appropriation 4,690.71 2 1562 33000 330020 Federal-Family Treatment J 2 35,445.55 2 1562 51000 510100 Appropriation - F/B J 2 6,256.43 1 1562 53158 110000 Salaries - Regular J 1 32,010.91 1 1562 53158 210000 FICA J 1 2,448.75 1 1562 53158 241000 VRS Life J 1 245.76 1 1562 53158 332104 Maint Contract - OP Equip J 1 1,555.00 1 1562 53158 520300 Telecommunications J 1 1,745.00 1 1562 53158 540200 Lease/Rent - Buildings J 1 1,486.68 1 1562 53158 600100 Office Supplies J 1 1,333.53 1 1562 53158 800700 ADP Equipment J 1 876.35 1562 0501 Est. Revenue 41,701.98 0701 Appropriation 41,701.98 TOTAL 92,785.38 46,392.69 46,392.69 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/4/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008024 EXPLANATION: Sheriff's Department Grant SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1514 18000 181316 Local Revenue - City PO J 2 100.00 2 1514 24000 240000 State Revenue J 2 900.00 1 1514 21070 600100 Supplies J 1 1,000.00 1514 0501 Est. Revenue 1,000.00 0701 Appropriation 1,000.00 TOTAL 2,000.00 1,000.00 1,000.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/6/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008026 ECC Reappropriations EXPLANATION: SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 4100 51000 510100 Appropriation - ECC FIB J 2 196,168.00 J 1 4100 31041 312210 ECC Admin-Contract Services J 1 14,000.00 1 4100 31041 331800 ECC Admin-RIM Buildings J 1 100,000.00 1 4100 31041 800700 ECC Admin-ADP Equip J 1 20,000.00 1 4100 31045 312500 Emerg. Svcs-Prof. Services J 1 3,000.00 1 4100 31045 600200 Emerg. Svcs-Food Supplies J 1 1,841.00 1 4100 31046 312210 CAD-Contract Services J 1 50,000.00 1 4100 31046 800700 CAD-ADP Equipment J 1 7,327.00 4100 0501 Est. Revenue 196,168.00 0701 Appropriation 196,168.00 TOTAL 392,336.00 196,168.00 196,168.00 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/6/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BA TCH# 2008027 EXPLANATION: Reappropriation of Uncompleted Projects SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 1000 12010 312390 Co. Exec. - Strateoic Plan J 1 18,431.83 1 1000 12015 301200 OMB-Contract Services J 1 12,000.00 1 1000 21030 700003 Magistrate's Office J 1 6,917.82 1 1000 21050 700004 Juvenile Court J 1 50,051.00 1 1000 31013 601101 Police - Uniforms - New J 1 6,000.00 1 1000 32015 561415 Fire Rescue - Car Seat Pram J 1 4,519.03 1 1000 32017 601100 Hollymead Fire - Uniforms J 1 49,874.31 1 1000 42040 390001 Gen. Serv.- Keene Landfill J 1 24,489.78 1 1000 42040 999851 RSWA Contribution J 1 650,000.00 1 1000 43005 301210 Stormwater Mgmt-Contract J 1 261,193.14 1 1000 81021 317000 Comm. Dev. - Prof. Services J 1 4,500.00 1 1000 81022 312342 Comm. Dev. - Dev. Area Study J 1 125,000.00 1 1000 81022 950172 Comm. Dev.-Groundwater J 1 37,267.00 1 1000 81030 580417 Housing Agencies Study J 1 5,000.00 1 1000 89000 562501 T JPDC- Transit Study J 1 50,000.00 1 1000 89000 580418 CTS - Transit Study J 1 20,000.00 1 1000 95000 999987 Economic Dev. Opportunities J 1 250,000.00 2 1000 51000 510100 Appropriation - FIB J 2 1,575,243.91 1000 0501 Est. Revenue 1,575,243.91 0701 Appropriation 1,575,243.91 1 1020 91044 311004 Wellness prooram J 1 152,933.90 2 1020 51000 510100 Health Ins. FIB J 2 152,93390 1020 0501 Est. Revenue 152,933.90 0701 Appropriation 152,933.90 TOTAL 3,456,355.62 1,728,177.81 1,728,177.81 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/11/2007 10/3/2007 GENERAL GOVERNMENT CAPITAL Cat Fund DeDt Object DeDt Desc Object Balance 1 9010 12200 800700 INFORMATION TECHNOLOGY ADP EQUIPMENT $209,604.34 1 9010 12200 800714 INFORMATION TECHNOLOGY TECHNOLOGY UPGRADE $294.695.54 1 9010 21000 331000 COURT FACILITIES REPAIRS & MAINTENANCE $128,337.74 1 9010 21000 950135 COURT FACILITIES COURT SQUARE ENHANCEMENTS $45,000.00 1 9010 21000 950176 COURT FACILITIES SALL YPORT $405,718.75 1 9010 21020 800100 GENERAL DISTRICT COURT MACHINERY & EQUIPMENT $5,000.00 1 9010 21050 331000 JUVENILE COURT REPAIRS & MAINTENANCE $107.384.52 1 9010 21050 800901 JUVENILE COURT BUILDING RENOVATIONS $7.034,782.85 1 9010 21060 800708 CLERK OF CIRCUIT COURT DOCUMENT IMAGING SYSTEM $225,715.58 1 9010 31000 800305 PUBLIC SAFETY RADIO SYSTEM $37.903.14 1 9010 31000 800910 PUBLIC SAFETY TRAINING CTR/FIRING RANGE $1.011,255.99 1 9010 31010 800714 POLICE DEPARTMENT TECHNOLOGY UPGRADE $894,798.27 1 9010 31010 800733 POLICE DEPARTMENT VIDEO EQUIPMENT $11,866.66 1 9010 32010 999999 FIRE DEPARTMENT CONTINGENCY FUNDS $115.307.17 1 9010 32017 312350 NORTHERN FIRE STATION ENGINEERING/PLANNING $54,554.10 1 9010 32017 312367 NORTHERN FIRE STATION CONSTRUCTION ADMIN $50,270.00 1 9010 32017 601315 NORTHERN FIRE STATION SAFETY EQUIPMENT/SUPPLIES $95,013.47 1 9010 32017 800200 NORTHERN FIRE STATION FURNITURE & FIXTURES $91,171.00 1 9010 32017 800605 NORTHERN FIRE STATION CONSTRUCTION $3,265,455.80 1 9010 32017 800741 NORTHERN FIRE STATION lIT COST(EQUIP/FIBER) $35,000.00 1 9010 32017 800742 NORTHERN FIRE STATION ALERTING SYSTEMS $106,000.00 1 9010 32017 811201 NORTHERN FIRE STATION NORTHERN-ENGINE $616,515.00 1 9010 32017 811202 NORTHERN FIRE STATION NOTHERN-LADDER TRUCK $619,751.50 1 9010 32017 999999 NORTHERN FIRE STATION CONTINGENCY FUNDS $283,666.37 1 9010 32018 800605 PANTOPS FIRE STATION CONSTRUCTION $390.000.00 1 9010 32018 800750 PANTOPS FIRE STATION PURCHASE OF PROPERTY $1,722,000.00 1 9010 32019 800741 MONTICELLO FIRE STATION lIT COST(EQUIP/FIBER) $139,257.00 1 9010 32019 811101 MONTICELLO FIRE STATION MONTICELLO-AMBULANCE $215,000.00 1 9010 32020 810099 VOLUNTEER FIRE DEPT VFD-CONTINGENCY $15.152.37 1 9010 32020 810401 VOLUNTEER FIRE DEPT EARL YSVILLE-TK 49 & EQUIP $13,724.53 1 9010 32020 810402 VOLUNTEER FIRE DEPT EARL YSVL-UTIL 47 & EQUIP $377,500.00 1 9010 32020 810603 VOLUNTEER FIRE DEPT STONY POINT - ENG. 62 $629,000.00 1 9010 32020 810610 VOLUNTEER FIRE DEPT ST/PT-FACILlTY UNGRADES $417,686.00 1 9010 32020 810801 VOLUNTEER FIRE DEPT SEMINOLE-DESIGN/STUDY $14,746.08 1 9010 32020 810802 VOLUNTEER FIRE DEPT SEMINOLE-SALAVE 87 &EQUIP $287,500.00 1 9010 32020 810803 VOLUNTEER FIRE DEPT SEMINOLE - ENG 84 $537,000.00 1 9010 32021 800750 EAST IW STATION PURCHASE OF PROPERTY $1,634,000.00 1 9010 32030 815101 AMBULANCE/RESCUE SERVICE CARS-AMB. & EQUIP $260,108.85 1 9010 32030 815102 AMBULANCE/RESCUE SERVICE CARS-SQUAD 133 $300,000.00 1 9010 32030 815502 AMBULANCE/RESCUE SERVICE WARS - AMB 501 $178,000.00 1 9010 32030 815702 AMBULANCE/RESCUE SERVICE SCOTTSV-AMB 707 & EQUIP $89,734.68 1 9010 41000 700006 ENGINEERING IW LANDFILL $331,719.43 1 9010 41000 800960 ENGINEERING STREET LIGHTS $289,929.21 1 9010 41000 950039 ENGINEERING MEADOWCREEK PARKWAY ENGIN $28,125.74 1 9010 41000 950059 ENGINEERING KEENE LANDFILL CLOSURE $460.664.80 1 9010 41000 950061 ENGINEERING MEADOWCREEK PATH $20,000.00 1 9010 41000 950110 ENGINEERING RECORDS MANAGEMENT SYS. $559,000.00 1 9010 41020 950081 STREET IMPROVEMENTS REVENUE SHARING ROADS $2,074.697.90 1 9010 41020 950115 STREET IMPROVEMENTS AIRPORT ROAD LANDSCAPING $24,132.20 1 9010 41020 950136 STREET IMPROVEMENTS TRANSPORTATION PUCONSTR $2,881.083.30 1 9010 41020 950171 STREET IMPROVEMENTS SUNRIDGE ROAD $8,808.54 1 9010 41020 950200 STREET IMPROVEMENTS RT 22/250 INTERSECTION DV $145,000.00 1 9010 41020 950203 STREET IMPROVEMENTS SCOTTSVILLE STREETSCAPE $251,065.14 1 9010 41020 950204 STREET IMPROVEMENTS EASTERN CONNECTOR STUDY $331,459.07 1 9010 41020 950501 STREET IMPROVEMENTS TRAFFIC STUDY RT 250E $28,493.55 1 9010 41023 312350 CROZET STREET SCAPE PH II ENGINEERING/PLANNING $428.810.00 1 9010 41023 800605 CROZET STREET SCAPE PH II CONSTRUCTION $495,000.00 1 9010 41350 950038 SIDEWALK PROGRAM RIO ROAD $137,089.00 1 9010 41350 950510 SIDEWALK PROGRAM S. PANTOPS $512,000.00 1 9010 41350 950511 SIDEWALK PROGRAM AVON STREET $73,000.00 1 9010 41350 950512 SIDEWALK PROGRAM COB 5TH STREET $41.280.00 1 9010 41350 950513 SIDEWALK PROGRAM HILLTOP TABOR $200,000.00 1 9010 41350 950514 SIDEWALK PROGRAM ST GEORGE AVENUE $104,617.00 1 9010 41350 950515 SIDEWALK PROGRAM RT 250IWESTMINISTER/ROLKIN $275.000.00 1 9010 41350 999999 SIDEWALK PROGRAM CONTINGENCY FUNDS $152,200.41 1 9010 43100 800666 PUBLIC WORKS/MAINT. PROJ. FACILITY MAl NT. $521,392.91 1 9010 43100 950128 PUBLIC WORKS/MAINT. PROJ. COB ENTRY CORRIDOR BEAUTY $41,998.10 1 9010 43100 950168 PUBLIC WORKS/MAINT. PROJ. COB MCINTIRE RENOVATIONS $110.072.85 1 9010 43100 950169 PUBLIC WORKS/MAINT. PROJ. ROADWAY LANDSCAPING PRGM $208,584.40 1 9010 43100 950174 PUBLIC WORKS/MAl NT. PROJ. HILLSDALE SIDEWALK/IMP $161,056.85 1 9010 43100 950189 PUBLIC WORKS/MAl NT. PROJ. COB-AUDITORIUM RENOVATION $79,894.86 1 9010 43101 312343 COB-MC RENOVATION PHSE II SPACE NEEDS STUDY $9,780.00 1 9010 43101 312350 COB-MC RENOVATION PHSE II ENGINEERING/PLANNING $202.713.60 1 9010 43101 580000 COB-MC RENOVATION PHSE II MISCELLANEOUS EXPENSES $3,500.00 1 9010 43101 800200 COB-MC RENOVATION PHSE II FURNITURE & FIXTURES $53,000.00 1 9010 43101 800605 COB-MC RENOVATION PHSE II CONSTRUCTION $1,775,000.00 1 9010 43101 999999 COB-MC RENOVATION PHSE II CONTINGENCY FUNDS $423,720.00 1 9010 51020 800673 HEALTH DEPARTMENT HVACIMPROVEMENTS $42,869.67 1 9010 71000 800940 PARKS & RECREATION PARK ENHANCEMENTS $17.804.55 1 9010 71000 800949 PARKS & RECREATION MAINTENANCE PROJECTS $45.994.06 1 9010 71000 950003 PARKS & RECREATION CROZET PARK IMPROVEMENTS $1,571.56 1 9010 71000 950009 PARKS & RECREATION SCOTTSV COMMUNITY CENTER $16,182.58 1 9010 71000 950044 PARKS & RECREATION ATH. FIELD STUDY/DEVEL. $283,573.92 1 9010 71000 950074 PARKS & RECREATION RECREATION FACILITIES $2,030,000.00 1 9010 71000 950121 PARKS & RECREATION SIMPSON PARK $75,221.70 1 9010 71000 950152 PARKS & RECREATION COMM.REC.FAC.NEEDS ASSMNT $12,655.86 1 9010 71000 950166 PARKS & RECREATION PVCC - DOG PARK $10,000.00 1 9010 71000 950201 PARKS & RECREATION MT SPRINGS FISHING ACCESS $196,000.00 1 9010 71000 950202 PARKS & RECREATION CROZET GREENWAYS $95.340.00 1 9010 71000 950218 PARKS & RECREATION STONE ROBINSON FIELD IMPV $12.690.10 1 9010 71000 950219 PARKS & RECREATION WESTERN PARK MASTER PLAN $50,000.00 1 9010 71000 950515 PARKS & RECREATION WESTERN PARK PLAN/DESIGN $15,000.00 1 9010 72030 568901 TOURISM VISITOR'S BUREAU-MAl NT. $190,602.65 1 9010 72030 580416 TOURISM CONSERV. EASEMENT-TOURISM $114,190.33 1 9010 72030 950026 TOURISM GREENWAY PROGRAM $113,258.42 1 9010 72030 950107 TOURISM RIVER ACCESS IMPROVEMENTS $159,354.50 1 9010 72030 950111 TOURISM GREEN BEL T-BOA T ACCESS $1,711.00 1 9010 72030 950177 TOURISM BYROM FOREST PRESERVE $415,748.05 1 9010 73020 800949 LIBRARIES MAINTENANCE PROJECTS $49,670.23 1 9010 73020 950114 LIBRARIES CROZET LIBRARY $3,850,117.36 1 9010 81010 580409 PLANNING CONSERV. EASEMENTS-AC.E. $1,569,865.36 1 9010 81010 950136 PLANNING TRANSPORTATION PLlCONSTR $6,000.00 1 9010 81010 950147 PLANNING G.I.S. PROJECT $495,279.51 1 9010 81010 950162 PLANNING CROZET PH1-ST SCAPES $153,552.26 1 9010 81010 950173 PLANNING 29N CORRIDOR STUDY $58,297.00 1 9010 81010 950178 PLANNING CITY VIEW PROJECT $16,957.00 1 9010 81010 950199 PLANNING MAIN STREET-CROZET $94,688.93 1 9010 81110 950550 NEIGHBORHOOD PLAN PLACES 29 MASTER PLAN $135,000.00 1 9010 81110 999999 NEIGHBORHOOD PLAN CONTINGENCY FUNDS $65,805.61 $46,804,068.37 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008028 EXPLANATION: Reappropriation of projects and programs from FY07 General Government CIP SUB LEDGER GENERAL LEDGER TYPE FUND I DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT See Attached Information TechnoloQY J 1 504,299.88 Court Facilities J 1 579,056.49 General District Court J 1 5,000.00 Juvenile Court J 1 7,142,167.37 Clerk of Circuit Court J 1 225,715.58 Public Safety J 1 1,049,159.13 Police Department J 1 906,664.93 Fire Department J 1 115,307.17 Northern Fire Station J 1 5,217,397.24 Pantops Fire Station J 1 2,112,000.00 Monticello Fire Station J 1 354,257.00 Volunteer Fire Dept J 1 2,292,308.98 East Ivy Station J 1 1,634,000.00 Volunteer Rescue SQ. J 1 827,843.53 EngineerinQ J 1 1,689,439.18 Street Improvements J 1 5,744,739.70 Crozet Streetscapes II J 1 923,810.00 Sidewalk ProQram J 1 1,495,186.41 Public Works J 1 1,122,999.97 COB Phase II J 1 2,467,713.60 Health Department J 1 42,869.67 Parks & Recreation J 1 2,862,034.33 Tourism J 1 994,864.95 Libraries J 1 3,899,787.59 PlanninQ J 1 2,394,640.06 Neighborhood Plan J 1 200,805.61 2 9010 16000 160536 City-Visitor's Center J 2 95,296.32 2 9010 18110 181128 Contributions J 2 5,000.00 SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 9010 19000 190315 City Share-Eastern Stud J 2 174,954.45 2 9010 24000 240800 Clerk'sTech. Trust Fund J 2 270,953.26 2 9010 41000 410500 Loan Proceeds J 2 14,515,274.00 2 9010 51000 510100 Appropriation - F/B J 2 31,597,590.34 2 9010 51000 512040 Glenmore Proffer J 2 145,000.00 9010 0501 Est. Revenue 46,804,068.37 0701 Appropriation 46,804,068.37 TOTAL 93,608,136.74 46,804,068.37 46,804,068.37 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/14/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008029 EXPLANATION: Reappropriation of projects and programs from FY07 Storm Water Management Fund SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 9100 41000 800975 STORM WATER CONTROL IMP J 1 1,563,335.82 1 9100 41000 950093 DRAINAGE STUDY/PLAN J 1 24,969.86 1 9100 41037 800975 IVY ROAD DRAINAGE IMPROVE J 1 34,587.50 1 9100 41058 800975 KEY WEST DAM J 1 82,058.67 1 9100 41059 800605 WOODBROOK LAGOON IMPROVE J 1 83,155.00 1 9100 41060 800605 CLAUDIUS CROZET PARK J 1 81,907.43 1 9100 41061 800975 CROZET STREETSCAPES PHS 1 J 1 5,385.09 2 9100 51000 510100 APPROPRIATION - F/B J 2 1,875,399.37 9100 0501 EST. REVENUE 1,875,399.37 0701 APPROPRIATION 1,875,399.37 TOTAL 3,750,798.74 1,875,399.37 1,875,399.37 PREPARED BY: BD. OF SUPV APPROVAL: ACCl. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/13/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008030 EXPLANATION: Reappropriation of FY 2007 School CIP Projects SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 1 9000 60204 800909 GREER ATHLETIC TRACK J 1 670.00 1 9000 60214 800605 CALE CONSTRUCTION J 1 1,483,636.33 1 9000 60216 800909 MURRAY ELEM ATHLETIC TRJ J 1 5,288.87 1 9000 60252 800901 HENLEY BLDG RENOVATIONS J 1 25,000.00 1 9000 60304 950179 MONTICELLO AUDITORIUM J 1 1,191,169.33 1 9000 61101 800700 ADP EQUIPMENT J 1 34,120.34 1 9000 62190 800700 ADM.-TECH. ADP EQUIPMENT J 1 14,020.08 1 9000 62420 360000 F/M - ADVERTISING J 1 3,500.00 1 9000 62420 800949 F/M.- MAINT. PROJECTS J 1 19,360.95 1 9000 62420 950154 F/M- BROADUS WOOD ROOF J 1 19,243.90 1 9000 62420 950182 F/M-ENVIRONMENTAL COMP J 1 1,798.32 1 9000 62420 950188 F/M-EMERGENCY GENERATOF J 1 36,508.43 2 9000 51000 510100 APPROPRIATION - FIB J 2 2,834,316.55 9000 0501 EST. REVENUE 2,834,316.55 0701 APPROPRIATION 2,834,316.55 TOTAL 5,668,633.10 2,834,316.55 2,834,316.55 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/14/2007 10/3/2007 COUNTY OF ALBEMARLE APPROPRIATION APP# DATE BATCH# 2008031 EXPLANATION: Repair of Monticello Fire Station apparatus from insurance proceeds SUB LEDGER GENERAL LEDGER TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT 2 1000 51000 510100 Appropriation - F 18 J 2 32,679.21 1 1000 32019 600900 Monticello - Vehicle Repair J 1 32,679.21 J 1000 0501 Est. Revenue J 32,679.21 0701 Appropriation J 32.679.21 J J TOTAL 65,358.42 32,679.21 32,679.21 PREPARED BY: BD. OF SUPV APPROVAL: ACCT. APPROVAL: ENTERED BY: Melvin Breeden Ella W. Jordan DATE: DATE: DATE: DATE: 9/17/2007 10/3/2007 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Proposed FY 2008 Budget Amendment AGENDA DATE: October 3, 2007 SUBJECT/PROPOSAL/REQUEST: Public Hearing on the Proposed FY 2008 Budget Amendment in the amount of $57,342,962.49 and request approval of amendment and of Appropriations #2008019, #2008020, #2008021, #2008022,#2008024,#2008026,#2008027, #2008028, #2008029 #2008030, and #2008031 for provide funding for various local government, school, ECC, and capital programs. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACTCS): Messrs. Tucker, Foley, Davis, Breeden, Wiggans REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: The Code of Virginia 9 15.2-2507 stipulates 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. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total of these requested FY 2008 appropriations is $55,387,978.02. Combined with the appropriations approved since July 1, the cumulative appropriation total exceeds one percent of the currently adopted budget requiring a budget amendment public hearing. STRATEGIC PLAN: Goal 5: Develop a comprehensive funding strategy/plan to address the County's growing needs. DISCUSSION: The proposed increase of this FY 2008 Budget Amendment totals $57,342,962.49. The estimated expenses and revenues included in the proposed amendment are shown below: ESTIMATED EXPENDITURES General Fund Special Revenue Funds School Fund School Program Funds ECC Fund Capital Fund Stormwater Fund TOTAL ESTIMATED EXPENDITURES - All Funds $ 2,173,465.20 $ 2,039,372.29 $ 232,735.44 $ 307,108.85 $ 1,076,496.42 $ 49,638,384.92 $ 1,875,399.37 $ 57,342,962.49 $ 1,125,666.77 $ 939,795.49 $ 543,378.75 $ 14,515,274.00 ESTIMATED REVENUES Local Revenues (Fees, Contributions, Donations, Proffers) State Revenue Federal Revenue Loan Proceeds AGENDA TITLE: Proposed FY 2008 Budget Amendment October 3,2007 Page 2 General Fund Balance Other Fund Balances TOTAL ESTIMATED REVENUES - All Funds $ $ $ 2,072,369.20 38.146.478.28 57,342,962.49 The budget amendment is comprised of thirty-one (31) separate appropriations, twenty (20) of which have already been approved by the Board as indicated below: Approved July 11, 2007: · One (1) appropriation (#2008001) totaling $359,460.00 for a Department of Homeland Security Grant; · One (1) appropriation (#2008002) totaling $159,000.00 for a Riparian Buffer Restoration Grant; · One (1) appropriation (#2008003) appropriating $70,000.00 from the Glenmore Proffer for the Village of Rivanna Development Area Master Plan; · One (1) appropriation (#2008004) in the amount of $3,350.00 for a Circuit Court Clerk Records Preservation Grant; and · One (1) appropriation (#2008005) in the amount of $60,000.00 providing funding to Habitat for Humanity from the Crozet Crossings Housing Trust Fund Approved August 1, 2007: · One (1) appropriation (#2008006) totaling $18,946.00 for the State Criminal Alien Assistance Program; · One (1) appropriation (#2008007) totaling $24,881.10 in additional AHIP funding; · One (1) appropriation (#2008008) reappropriating $49,976.16 for Community Relations; · One (1) appropriation (#2008009) transferring $82,200.00 for additional motor vehicles from the General Fund to the Motor Vehicle Replacement Fund; · One (1) appropriation (#2008010) in the amount of $100,000.00 for the Commission on Children and Families' Family Functional Therapy Grant; · One (1) appropriation (#2008011) in the amount of $4,793.00 for minor operating budget adjustments; and · One (1) appropriation (#2008012) reappropriating $1,865.00 in donated funds for Woodbrook Elementary School. Approved September 5, 2007: · One (1) appropriation (#2008013) totaling $918,485.00 establishing the Commission on Children and Families FY08 budget; · One (1) appropriation (#2008014) in the amount of $12,000.00 for a Smoke Detector Grant; · One (1) appropriation (#2008015) receiving $3,800.00 in funding for an law student intern in the Commonwealth Attorney's office; · One (1) appropriation (#2008016) totaling $67,382.00 for the Foothills Child Advocacy Center grant; · One (1) appropriation (#2008017) in the amount of $1,000.00 for a school donation; · One (1) appropriation (#2008018) reappropriating $150,131.21 in local government grants; · One (1) appropriation (#2008023) totaling $10,000.00 for the JILL Study; and · One (1) appropriation (#2008025) pledging $50,000.00 in funding for the Boys & Girls Club capital project. The eleven (11) new appropriations are as follows: · One (1) appropriation (#2008019) reappropriating $1,857,658.02 for outstanding purchase orders; · One (1) appropriation (#2008020) totaling $4,159.00 for a Police Department grants; · Two (2) appropriations (#2008021 and #2008024) totaling $12,328.00 for two Sheriff's Department grants; · One (1) appropriation (#2008022) reappropriating $46,392.69 for two uncompleted grants; · One (1) appropriation (#2008026) reappropriating $196,168.00 in uncompleted ECC projects; · One (1) appropriation (#2008027) reappropriating $1,575,243.91 in uncompleted General Government projects and $152,933.90 for the Wellness Program in the Health Insurance Fund; · One (1) appropriation (#2008028) reappropriating $46,804,068.37 for general government capital projects; AGENDA TITLE: Proposed FY 2008 Budget Amendment October 3,2007 Page 3 · One (1) appropriation (#2008029) reappropriating $1,875,399.37 for storm water projects; · One (1) appropriation (#2008030) reappropriating $2,834,316.55 for school capital projects; and · One (1) appropriation (#2008031) appropriating $32,679.21 to repair Monticello Fire Station apparatus from insurance proceeds. A detailed description of these requests is provided on Attachment A. RECOMMENDATIONS: Staff recommends approval of the FY 2008 Budget Amendment in the amount of $57,342,962.49 after the public hearing, and then approval of Appropriations #2008019, #2008020, #2008021, #2008022, #2008024, #2008026, #2008027, #2008028, #2008029, #2008030, and #2008031 to provide funds for various local government, school, and capital projects and programs as described in Attachment A. ATTACHMENTS: A - Proposed appropriations Attachment A Appropriation #2008019 $1,857.658.02 Revenue Source: General Fund Balance $ 409,779.21 Special Revenue Fund Balance 30,571.10 800 MHz Radio Fund Balance 345,966.26 Mobile Data Fund Balance 534,362.16 School Division Fund Balance 229,870.44 School Special Rev. Fund Bal. 307,108.85 Several departments had funding for projects approved in FY06/07 that had not been completed as of June 30, 2007. This request reappropriates the remaining balances for the uncompleted projects for which purchase orders were outstanding as of June 30,2007. Appropriation #2008020 $4.159.00 Revenue Source: Federal Revenue (Grant) Transfer from Police Dept. $ 3,118.00 1,041 .00 The Department of Criminal Justice Services has awarded the Albemarle County Police Department a grant in the amount of $3,118.00 with a local match of $1,041.00, for a total of $4,159.00. The purpose of this grant is to purchase software, training materials, and participate in training, to develop criminal investigations and eventual prosecutions. The local match of $1,041.00 will be provided from existing appropriated funds within the Police Department's operating budget. Appropriation #2008021 $ 11,328.00 Revenue Source: State Revenue (Grant) Transfer from Sheriff $ 9,000.00 $ 2,328.00 The Virginia Division of Motor Vehicles has awarded the Albemarle County Sheriff's Office a grant in the amount of $9,000.00 with a local match of $2,328.00, for a total of $11 ,328.00. The purpose of this grant is to fund the purchase and installation of two radar units (and associated equipment) and to pay for overtime and expenses for selective enforcement for all trained deputies in the use of radar. Appropriation #2008022 $ 46.392.69 Revenue Source: General Fund Balance Federal Revenue (Grant) Grant Fund Balance $ 4,690.71 35,445.55 6,256.43 In an agreement with the Virginia Alcohol Beverage Control Board, the Albemarle County Police Department received $7,000.00 to assist with overtime associated with the combating underage drinking at special events within the County. The grant balance of $4,690.71 will be reappropriated for use in FY07/08. The Department of Justice, through a federal Bureau of Justice Assistant Grant, provides funding for a primary case manager for foster children whose parent(s) are involved in the Family Treatment Court Program and for on-going Child Protective Cases whose parents are involved in the Family Treatment Court Program. This grant will continue and be completed on April 30, 2008. The grant balance of $41,701.98 will be reappropriated for use in FY07/08. Appropriation #2008024 $ 1,000.00 Revenue Source: Local Revenue (City) State Revenue (Grant) $ 100.00 $ 900.00 The Office of the Attorney General awarded the Albemarle County Sheriff's Department a grant in the amount of $900.00 with a local match of $100.00 for a total grant award of $1,000.00. The purpose of this grant is to purchase equipment and supplies to assist senior's in our area to "Say Safe". These efforts are in conjunction with the Jefferson Area Board of Aging, Alzheimer's Association, and the local Senior Citizens centers throughout the County. The local match will be paid for by the City of Charlottesville Police Department. Appropriation #2008026 $196.168.00 Revenue Source: ECC Fund Balance $196,168.00 The Emergency Communications Center had the following uncompleted projects at the end of FY06/07 that will need to be reappropriated to FY07/08: · Dispatcher Telecommuting Option - $20,000.00 · Computer Aided Dispatch and Records Systems Review - $50,000.00 · Replacement of current ECC Building Security System - $100,000.00 · Emergency Food Supplies - $1,841.00 · Shelter Training for Local Agencies - $3,000.00 · Replacement Server for the City and County Records Management System - $7,327.00 · ACPO Emergency Medical Dispatch Program - $14,000.00 Appropriation #2008027 $ 1,728.177.81 Revenue Source: General Fund Balance $1,575,243.91 Health Insurance Fund Balance $ 152,933.90 The following departments had FY06/07 funds for specific projects that were uncompleted at June 30, 2007 and will require reappropriation for use in FY07/08: General Fund · County Executive - $18,431.83 for strategic planning · Office of Management & Budget - $12,000.00 for financial forecasting model · Magistrate's Office - $6,917.82 for FY06/07 expenses that were not billed at June 30, 2007 · Juvenile Court - $50,051.00 for FY06/07 operating expenses that were not billed at June 30, 2007 · Police - $ 6,000.00 for uniforms for new police officers approved in FY06/07 but not hired until August 2007 · Fire Rescue - $4,519.03 in donated funds for the Car Safety Seat Program · Hollymead Fire Station - $49,874.31 for uniforms and equipment for personnel not purchased by June 30, 2007 · General Services o $24,489.78 for expenses relating to Keene Landfill o $650,000.00 for the Rivanna Solid Waste Authority contribution · Storm water Management - $261,193.14 for contract services · Community Development/Planning o $4,500.00 to augment Piedmont Workforce Network's research of workforce impacts of DIA o $125,000.00 for Development Area Study o $37,267.00 for groundwater monitoring · Housing - $5,000.00 for housing agencies study · T JPDC - $50,000.00 for the transit study · CTS - Transit Study - $20,000 · Economic Development Opportunities - $250,000.00 Health Insurance Fund · The Board approved the use of $227,500.00 in funds from the Health Insurance Fund for the employee Wellness Program. Funds totaling $152,993.90 were unexpended at June 30,2007. Appropriation #2008028 $ 46,804.068.37 Revenue Source: Local Revenues State Revenues Loan Proceeds Gen. Gov. CIP Fund Balance $ 420,250.77 $ 270,953.26 $14,515,274.00 $31,597,590.34 This request reappropriates the remaining balances of General Government Capital Improvement projects that were uncompleted as of June 30, 2007. Appropriation #2008029 $1.875.399.37 Revenue Source: Storm Water Fund Balance $1,875,399.37 This request reappropriates the remaining balances of Storm Water Management projects that were uncompleted as of June 30,2007. Appropriation #2008030 $2,834.316.55 Revenue Source: School CIP Fund Balance $2,834,316.55 This request reappropriates the remaining balances of School Capital Improvement projects that were uncompleted as of June 30, 2007. Appropriation #2008031 $ 32,679.21 Revenue Source: General Fund Balance $ 32,679.21 In FY06/07, Monticello Fire Station had an insurance claim involving their 1993 Pierce Pumper. In June 2007, the County received a payment from VACo insurance in the amount of $32,679.21 to pay for damages. The vehicle has been repaired and the invoice has now been received and will be paid in FY07/08. ORDINANCE NO. 07-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Regulations, and Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 13.4.3 Sec. 14.4.3 Sec. 15.4.3 Sec. 16.4.3 Sec. 17.4.3 Sec. 18.4.3 Definitions Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Chapter 18. Zoning Article I. General Regulations Sec.3.1 Definitions Affordable housing. The term "affordable housing" means safe decent housing where housing costs do not exceed thirty (30) percent of the gross household income. For purposes of this definition, "housing costs" for homeowners are principal, interest, real estate taxes, and homeowner's insurance (PITI), and for tenants are tenant-paid rent and tenant-paid utilities with the maximum allowances for utilities being those adopted by the county's housing office for the Housing and Urban Development housing choice voucher program. For purposes of this chapter, an "affordable unit" is a dwelling unit that meets the definition of affordable housing. Article III. District Regulations Sec. 13.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) 1 f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 14.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10). (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. 2 i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 15.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. i (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 16.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: 3 a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the low or moderate cost units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 17.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify as affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. 4 d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. Sec. 18.4.3 Affordable housing For providing affordable housing units, a density increase of thirty (30) percent shall be granted, subject to the following: a. At least one-half of the additional housing units allowed by this density bonus shall be developed as affordable housing units. b. The initial sale price for sale units or the rental rate for a period of at least ten (10) years for rental units shall qualify affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development housing choice voucher program. c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the affordable units for a period of at least ten (10) years or until the units are sold as affordable units, whichever comes first. d. If sale units, the developer shall provide the chief of housing with confirmation of the initial sale price for the affordable units prior to the issuance of building permits for the bonus units. (Amended 8-14-85) e. Manufactured homes for rent in an approved manufactured home park shall be considered rental units under this section provided they qualify as affordable housing under the Housing and Urban Development housing choice voucher program. (Added 3-5-86) f. Manufactured home lots for rent in an approved manufactured home park shall qualify for this bonus provided the developer enters into an agreement with the County of Albemarle that the lots shall be available for rent to manufactured home owners for a period of at least ten (10) years. (Added 3-5-86) 5 g. Manufactured home lots for sale in an approved manufactured home subdivision shall qualify for this bonus provided the developer restricts the use of the lots to manufactured homes or other affordable housing for a period of at least ten (10) years. (Added 3-5-86) h. The decision to extend the periods beyond the ten (10) year minimum provided in subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer. i. The occupancy of the affordable units shall be restricted to those households with incomes at or below eighty (80) percent of the area median income for for-sale units and at or below sixty (60) percent of the area median income for rental units. The chief of housing or his designee must approve all purchasers of for-sale units based on household income. Prior to issuance of the first certificate of occupancy for a building providing affordable rental units, the developer shall enter into a rental rate agreement with the county, approved by the county attorney, that delineates the terms and conditions pertaining to rental rates, occupancy and reporting during the minimum ten (10) year period. 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 six to zero, as recorded below, at a regular meeting held on October 3.2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye y y y y y y Nay 6 . . .c Phone (434) 296-5832 TO: FROM: DATE: RE: COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Fax (434) 972-4012 MEMORANDUM File GLt- Wayne Cilimberg September 14, 2007 ZTA2005-00009 Density Bonus Affordable Housing The Albemarle County Planning Commission, at its meeting on September 4, 2007, by a vote of 7:0, recommended approval of ZTA-2005-00009, Density Bonus Affordable Housing, removing the amendment to Section 12.4.3, with a strong recommendation to the Board that they would love to see some Energy Star standards for affordable housing, but realize that it may be premature. WC/SM The Board is scheduled to hold a public hearing on this item at its October 3, 2007 meeting. . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Density Bonus for Affordable Housing ZT A 2005-09 AGENDA DATE: Planning Commission: September 4, 2007 Board of Supervisors: October 3, 2007 SUBJECT/PROPOSAL/REQUEST: Amend Zoning Ordinance 99 3.1,12.4.3, 13.4.3, 14.4.3, 15.4.3, 16.4.3, 17.4.3 and 18.4.3 to add a definition of affordable housing and to change the density bonus regulations for developments providing for-sale and for- rent affordable housing in seven residential zoning disticts. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): White, Cilimberg LEGAL REVIEW: No BACKGROUND: On June 1, 2005, the Board of Supervisors adopted Resolutions of Intent to amend the County's Zoning Ordinance to reflect the recommendations of the Albemarle County Housing Committee for implementation of the County's Affordable Housing Policy, specifically to amend the density bonus regulations to promote production of affordable housing. The Housing Committee's original recommendation was to allow a 100% increase in density with one-half of the additional units being affordable. .ce that time, the Housing Committee and staff have worked with the Planning Commission to get a recommendation to Board for adoption. Several work sessions were held with the Commission from August 2005 through October 2006 with a pUblic hearing on August 15, 2006, at which the Commission did not take action. On June 13, 2007, a joint work session was held with the Commission and the Board. STRATEGIC PLAN: By June 30, 2010, working in partnership with others, increase affordable housing opportunities for those who work and/or live in Albemarle County. DISCUSSION: The recommendation to amend the current density bonus provisions found in the Zoning Ordinance was first made by the Housing Committee as a strategy in the County's Affordable Housing Policy adopted in February 2004. Subsequent to th.:; adoption of this policy, an ad-hoc Affordable Housing Policy Advisory Committee was created to assist the Housilr~. Committee in defining implementation measures for the policy. The ad-hoc committee also recommended changes to the current density bonus provisions specifically to provide an incentive for developers to consider increased density in exchange for providing affordable housing. A number of interest groups were represented on the ad-hoc committee including developers, lenders, and nonprofit housing providers/agencies. The consensus of the group was that the existing density bonus which allowed up to a 30% increase in density but required that all of the units created by the additional density be affordable was not being utilized because it provided no incentive. The group and the Housing Committee recommended allowing up to a 100% density bonus with one-half of the additional units being affordable. It was clear from the first two work sessions with the Planning Commission that a potential for doubling density administratively was not acceptable. However, the Commission did provide a favorable response to maintaining the 30% density bonus provision with one-half of the additional units being affordable. Staff identified another weakness in the existing provisions in that it did not restrict who could buy and/or occupy the affordable units based on household income. The sales price and rental rates were restricted but the ordinance would ew anyone to purchase and/or occupy the units at those restricted prices. The proposed revisions to the ordinance will vide for the Office of Housing to approve purchasers of for-sale units created through the density bonus. The revisions also define affordable sales prices and affordable rents on commonly-accepted indices consistent with the definitions proposed as revisions to the Affordable Housing Policy. The definitions have been recommended by the Housing Committee and are currently used for affordable housing proffers. During the June 13 work session, at least two Board members and one Commission member indicated that revising th\,;. density bonus could create an ordinance that will work as opposed to the current density bonus which has been utilized on only a few projects although it was adopted some twenty years ago. RECOMMENDATIONS: The Housing Committee and staff recommend that the Planning Commission conduct a public hearing and approve the Housing Committee's recommendations for amending the density bonus provisions in the Zoning Ordinance as attached and recommend approval by the Board with a public hearing set for October 3,2007. ATTACHMENTS: Attachment A - Proposed Ordinance Amendments . . . Draft: 08/1 0107 ORDINANCE NO. 06-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Regulations, and Article III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 3.1 Sec. 12.4.3 Sec. 13.4.3 Sec. 14.4.3 Sec. 15.4.3 Sec. 16.4.3 Sec. 17.4.3 Sec. 18.4.3 Definitions Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Low and Moderate Cost Housing Chapter 18. Zoning Article I. General Regulations Sec. 3.1 Definitions Affordable housinf!. The term "affordable housiTIlz" means safe decent housinlZ where housinlZ costs do not exceed thirty (30) nercent of the lZross household income. For nurnoses of this definition. "housinlZ costs" for homeowners are mincinal. interest. real estate taxes. and homeowner's insurance (PITIt and for tenants are tenant-naid rent and tenant-naid utilities with the maximum allowances for utilities beinlZ those adonted bv the countv's housinlZ office for the HousinlZ and Urban Develonment housinlZ choice voucher mOlZram. For nurnoses of this chanter. an "affordable unit" is a dwellinlZ unit that meets the definition of affordable housinlZ. Article III. District Regulations Sec. 12.4.3 Low and moderate east Affordable housing For provision ofnrovidinlZ 10'."1 or moderate cost affordable housing units as follo'1/3, a density increase of thirty (30) percent shall be granted. subiect to the followinlZ: a. At least thirty (30) percent of the number of units achievable under gross density standard level one-half of the additional housinlZ units allowed bv this density bonus shall be developed as 10'lI or moderate cost affordable housinlZ units,!,-;-aflEl- b. The initial sale price for sale units or the rental rate for a period of at least ten (10) five (5) years for rental units shall qualify as low or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home 1 Attachment A Draft: 08/10/07 Administration or Housing and Urban Development Section g program housint! choice voucher orot!ram.-;--aHd c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate eest-affordable units~ whichever comes first~-;--aHd d. If sale units, the developer shall provide the director of planfling and community development chief ofhousint! with confirmation of the initial sale price for the low or moderate cost affordable units prior to the issuance of building permits for the bonus units~ t (Amended 8-14-85) e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as 10'.'/ or moderate eost affordable housing under the Housing and Urban Development Section 8 program housint! choice voucher orOlITam. t (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer shall enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (10) fi"e (5) years~ t (Added 3- 5-86) g. Mobile Manufactured.home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restricts. the use of the lots to mobile manufactured homes or other 10'11 or moderate eost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the oeriods bevond the ten (10) vear minimum orovided in subsections (b)' (c). (n and (t!) shall be in the sole discretion ofthe develooer. k The occuoancy of the affordable units shall be restricted to those households with incomes at or below eit!htv (80) oercent ofthe area median income for for-sale units and at or below sixty (60) nercent of the area median income for rental units. The chief of housint! or his desilmee must aoorove all ourchasers of for-sale units based on household income. Prior to issuance of the first certificate of occuoancy for a buildint! oroyidin!! affordable rental units. the deyelooer shall enter into a rental rate alITeement with the county. aooroved bv the county attornev. that delineates the terms and conditions oertainin!! to rental rates. occunancy and reoortin!! durin!! the minimum ten (10) year oeriod. Sec. 13.4.3 Low aRd moderate east Affordable housing For provision ofnrovidint! la'll or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted. subiect to the followin!!: 2 . Draft: 08/1 0/07 a. At least thirty (30) percent of the number of units achievable under gross density standm.-d leyel one-half of the additional housine: units allowed bv this densitv bonus shall be developed as lov<, or moderate cost affordable housine: units~-;--afl€l b. The initial sale price for sale units or the rental rate for a period of at least ten (1 Q) five (5) years for rental units shall qualify as lo,,\, or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section g program housine: choice voucher oroe:ram.-;--aOO c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate oost--affordable units~ whichever comes first~-;--aOO d. If sale units, the developer shall provide the director of plar.ning and community de'lelopment chief ofhousine: with confirmation of the initial sale price for the low or moderate cost affordable units prior to the issuance of building permits for the bonus units~ t (Amended 8-14-85) . e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as low or moderate cost affordable housing under the Housing and Urban Development Section 8 program housine: choice voucher oroe:ram. t (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer sftal.l enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (l0) five (5) years~ t (Added 3- 5-86) g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restrict~ the use of the lots to mobile manufactured homes or other 10\'/ or moderate cost affordable housing for a period of at least ten (l0) five (5) years. (Added 3-5-86) h. The decision to extend the oeriods bevond the ten (10) vear minimum orovided in subsections (b)' (c). (f) and (e:) shall be in the sole discretion of the develooer. . k The occuoancv of the affordable units shall be restricted to those households with incomes at or below eie:htv (80) oercent of the area median income for for-sale units and at or below sixtv (60) oercent of the area median income for rental units. The chief ofhousine: or his desie:nee must aoorove all ourchasers of for-sale units based on household income. Prior to issuance of the first certificate of occuoancv for a buildine: orovidine: affordable rental units. the develooer shall enter into a rental rate ae:reement with the countv. aooroved bv the county attornev. that delineates the terms and conditions oertainine: to rental rates. occuoancv and reoortine: durine: the minimum ten (l0) vear oeriod. 3 Draft: 08/1 0/07 Sec. 14.4.3 Law aDd ffiodeFate east Affordable housing For provision ofnroviding low or moderate eost affordable housing units as follo'.'IS, a density increase of thirty (30) percent shall be granted. subiect to the following: a. At least thirty (30) percent of the number of units achievable Huder gross density standard level one-half of the additional housing units allowed bv this densitv bonus shall be developed as low or moderate cost affordable housing units:-;--aBE! b. The initial sale price for sale units or the rental rate for a period of at least ten (10) fiye (5) years for rental units shall qualify as 10'lI or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing choice voucher nrogram.-;--aBE! c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the 10'lI or moderate eost affordable units for a period of at least ten (10) five (5) years or until the units are sold as 1m\' or moderate oo*affordable units! whichever comes first:-;--aBE! d. If sale units, the developer shall provide the direetor of planning and eommunity development chief ofhousinl! with confirmation of the initial sale price for the 10\'1 or moderate cost affordable units prior to the issuance of building permits for the bonus units: t (Amended 8-14-85) e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as low or moderate cost affordable housing under the Housing and Urban Development Section 8 program housing choice voucher nrogram. t (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer shall enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (10) five (5) years: t (Added 3- 5-86) g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restrict~ the use of the lots to mobile manufactured homes or other low or moderate eost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the neriods bevond the ten (10) vear minimum nrovided in subsections (b)' (c). (D and (g) shall be in the sole discretion of the develoner. k The occunancv of the affordable units shall be restricted to those households with incomes at or below eighty (80) nercent of the area median income for for-sale units and at or below sixty (60) nercent of the area median income for rental units. The chief of housing or his designee must annrove all nurchasers of for-sale units based 4 Dr'aft: 08/10/07 . on household income. Prior to issuance of the first certificate of occuoancv for a buildinl! orovidinl! affordable rental units. the develooer shall enter into a rental rate al!reement with the county. aooroved bv the county attornev. that delineates the terms and conditions oertaininl! to rental rates. occuoancv and reoortinl! durinl! the minimum ten (10) vear oeriod. Sec. 15.4.3 Low and moderate eost Affordable housing For provision oforovidinl! low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted. subiect to the followinl!: a. At least thirty (30) percent of the number ofooits aohievable under gross density standard level one-half of the additional housinl! units allowed bv this density bonus shall be developed as 10'.'1 or moderate cost affordable housinl! units~-;--cmd b. The initial sale price for sale units or the rental rate for a period of at least ten (10) five (5) years for rental units shall qualify as 10'.'.' or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housinQ choice voucher orol!ram.-;--cmd . c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate ee5t affordable units~ whichever comes first~-;--cmd d. If sale units, the developer shall provide the director of planning and community de'lelopment chief of housinl! with confirmation of the initial sale price for the Imv or moderate cost affordable units prior to the issuance of building permits for the bonus units~ t (Amended 8-14-85) e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as low or moderate cost affordable housing under the Housing and Urban Development Section 8 program housinQ choice voucher orOQram. t (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer sftal.l. enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (10) five (5) years~ t (Added 3- 5-86) . g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer sftal.l. restrict~ the use of the lots to mobile manufactured homes or other low or moderate cost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the oeriods bevond the ten (10) vear minimum orovided in subsections (b)' (c). (f) and (l!) shall be in the sole discretion of the develooer. 5 Draft: 08/1 (I/O 7 k The occuoancv of the affordable units shall be restricted to those households with incomes at or below eil!hty (80) oercent ofthe area median income for for-sale units and at or below sixty (60) oercent of the area median income for rental units. The chief of housinl! or his desil!Ilee must aODrove all ourchasers of for-sale units based on household income. Prior to issuance of the first certificate of occuoancv for a buildinl! Drovidinl! affordable rental units. the develooer shall enter into a rental rate al!reement with the county. aODroved bv the county attorney. that delineates the terms and conditions oertaininl! to rental rates. occuoancv and reoortinl! durinl! the minimum ten (10) year oeriod. Sec. 16.4.3 Low oDd moderate east Affordable housing For pro',ision oforovidinl! low or moderate eost affordable housing units as follows, a density increase of thirty (30) percent shall be granted. subiect to the followinl!: a. At least thirty (30) pereent of the number of units achievable under gross density standard level one-half of the additional housinl! units allowed bv this density bonus shall be developed as low or moderate eost affordable housinl! units:-;-aad b. The initial sale price for sale units or the rental rate for a period of at least ten (10) five (5) years for rental units shall qualify as low or moderate oost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housinl! choice voucher Drol!ram.-;-aad c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates ofthe low or moderate eost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate ees+-affordable units~ whichever comes first:-;-aad d. If sale units, the developer shall provide the direotor of planning and eOmInUflity development chief of housinl! with confirmation of the initial sale price for the low or moderate cost units prior to the issuance of building permits for the bonus units: t (Amended 8-14-85) e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as low or moderate oost affordable housing under the Housing and Urban Development Section 8 program housinl! choice voucher DrOl!fam. t (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer shall enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (10) fi'o'e (5) years: t (Added 3- 5-86) g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restrict~ the use 6 Draft: 08/1 0/07 . of the lots to mobile manufactured homes or other low or moderate oost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the oeriods beyond the ten (10) year minimum orovided in subsections (b)' (c). (f) and (!!) shall be in the sole discretion of the develooer. ok The occuoancv of the affordable units shall be restricted to those households with incomes at or below ei!!htv (80) oercent of the area median income for for-sale units and at or below sixty (60) oercent of the area median income for rental units. The chief of housing: or his desi!!nee must aoorove all ourchasers of for-sale units based on household income. Prior to issuance of the first certificate of occuoancv for a building: orovidin!! affordable rental units. the develooer shall enter into a rental rate a!!reement with the county. aooroved bv the county attorney. that delineates the terms and conditions oertaining: to rental rates. occuoancv and reoorting: during: the minimum ten (10) year oeriod. Sec. 17.4.3 Low Bnd moderate east Affordable housing For provision oforovidin!! low or moderate cost affordable housing units as follo\vs, a density increase of thirty (30) percent shall be granted. subiect to the followin!!: . a. At least thirty (30) percent of the number of units achie'.'able under gross density standard level one-half of the additional housing: units allowed bv this density bonus shall be developed as 1m.\' or moderate cost affordable housin!! units=-;-aft€l b. The initial sale price for sale units or the rental rate for a period of at least ten (10) fiye (5) years for rental units shall qualify as lov: or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housin!! choice voucher oro!!ram.-;-aft€l c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost affordable units for a period of at least ten (10) fi'/e (5) years or until the units are sold as low or moderate ee-st affordable units! whichever comes first=-;-aft€l d. If sale units, the developer shall provide the direotor of planning and community development chief of housing: with confirmation of the initial sale price for the low or moderate cost affordable units prior to the issuance of building permits for the bonus units= ~ (Amended 8-14-85) . e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as 10\'1 or moderate cost affordable housing under the Housing and Urban Development Section 8 program housin!! choice voucher orog:ram. ~ (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer shall enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile 7 Dnlft: 08/10/07 manufactured home owners for a period of at least ten (10) five (5) years!, t (Added 3- 5-86) g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restrict~ the use of the lots to mobile manufactured homes or other low or moderate cost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the Deriods bevond the ten (10) vear minimum nrovided in subsections (b)' (c). (f) and (ll) shall be in the sole discretion of the develooer. ok The OCCUDancv of the affordable units shall be restricted to those households with incomes at or below eillhtv (80) Dercent of the area median income for for-sale units and at or below sixty (60) oercent of the area median income for rental units. The chief of housinll or his desillnee must aonrove all Durchasers of for-sale units based on household income. Prior to issuance of the first certificate of occuoancv for a buildinll nrovidinll affordable rental units. the develooer shall enter into a rental rate allreement with the county. aODroved bv the county attorney. that delineates the terms and conditions Dertaininll to rental rates. OCCUDancv and reDortinll durinll the minimum ten (10) vear oeriod. Sec. 18.4.3 Law Had madeFHte east Affordable housing For provision of orovidinlllow or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted. subiect to the followinll: a. At least thirty (30) percent ofth€! flumDer of1:mits achievable ooder gross density standard le'.'el one-half of the additional housinll units allowed bv this density bonus shall be developed as 1m\' or moderate cost affordable housinll units!,-;-ana b. The initial sale price for sale units or the rental rate for a period of at least ten (10) five (5) years for rental units shall qualify as low or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housinll choice voucher nrollram.-;-ana c. If rental units, the developer shall enter into an agreement with the County of Albemarle restricting the rental rates of the low or moderate cost affordable units for a period of p.t least ten (10) five (5) years or until the units are sold as low or moderate eest affordable units~ whichever comes first!,-;-ana d. If sale units, the developer shall provide the director of planning and community development chief of housinll with confirmation of the initial sale price for the 10'." or moderate cost affordable units prior to the issuance of building permits for the bonus units!, t (Amended 8-14-85) e. Mobile Manufactured homes for rent in an approved mobile manufactured home park shall be considered rental units under this section provided they qualify as low or 8 . . . Draft: 08/10/07 moderate cost affordable housing under the Housing and Urban Development Section 8 program housine: choice voucher oroe:ram. -;- (Added 3-5-86) f. Mobile Manufactured home lots for rent in an approved mobile manufactured home park shall qualify for this bonus provided the developer shall enter~ into an agreement with the County of Albemarle that the lots shall be available for rent to mobile manufactured home owners for a period of at least ten (10) five (5) years,; -;- (Added 3- 5-86) g. Mobile Manufactured home lots for sale in an approved mobile manufactured home subdivision shall qualify for this bonus provided the developer shall restrict~ the use of the lots to mobile manufactured homes or other low or moderate cost affordable housing for a period of at least ten (10) five (5) years. (Added 3-5-86) h. The decision to extend the oeriods beyond the ten (10) year minimum orovided in subsections (b)' (c). (f) and (e:) shall be in the sole discretion of the develooer. k The occuoancv of the affordable units shall be restricted to those households with incomes at or below eie:htv (80) oercent of the area median income for for-sale units and at or below sixty (60) oercent ofthe area median income for rental units. The chief of housine: or his desie:nee must aoorove all ourchasers of for-sale units based on household income. Prior to issuance ofthe first certificate of occuoancv for a buildine: orovidine: affordable rental units. the develooer shall enter into a rental rate ae:reement with the county. aooroved bv the county attorney. that delineates the terms and conditions oertainine: to rental rates. occuoancv and reoortine: durine: the minimum ten (10) year oeriod. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 9 ORDINANCE NO. 07-1 (2) AN ORDINANCE TO AMEND CHAPTER 1, GENERAL PROVISIONS, 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 1, General Provisions, is hereby amended and reordained as follows: By Amending: Sec. 1-120 Fee for returned checks CHAPTER 1. GENERAL PROVISIONS Sec. 1-120 Penalty for returned checks or other payment. If any check or other means of payment tendered to the county or any agency thereof in the course of its duties is not paid by the financial institution on which it is drawn, because of insufficient funds in the account of the drawer, no account is in the name of the drawer, or the account of the drawer is closed, and the check or other means of payment is returned to the named payee unpaid, the amount thereof shall be charged to the person on whose account it was received, and his liability and that of his sureties, shall be as if he had never offered any such payment. A penalty of thirty-five dollars ($35.00) shall be added to such amount. This penalty shall be in addition to any other penalty provided by law, except the penalty imposed by ~ 15-103 shall not apply. (Ord. No. 97-1(1), 2-12-97; Code 1988, 9 1-9; Ord. 98-A(1), 8-5-98; Ord. 07-1(2), adopted 10-3-07, effective 1-1-08) State law reference-Va. Code S 2.2-614.1 (C). This ordinance shall be effective on and after January 1, 2008. 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 Count Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on October 3.2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye y y y y y y Nay ORDINANCE NO. 07-8(1) AN ORDINANCE TO AMEND CHAPTER 8, LICENSES, ARTICLE III, DETERMINING GROSS RECEIPTS, AND ARTICLE VI, SCHEDULE OF TAXES, 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 8, Licenses, Article III, Determining Gross Receipts, and Article VI, Schedule of Taxes, are hereby amended and reordained as follows: By Amending: Sec. 8-305 Amounts excluded from gross receipts Sec. 8-601 Bondsmen Sec. 8-617 Retailers or retail merchants By Repealing: Sec. 8-604 Loan agencies CHAPTER 8. LICENSES ARTICLE III. DETERMINING GROSS RECEIPTS Sec. 8-305 Amounts excluded from gross receipts. For purposes of determining a license tax, gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business in the ordinary course of such business, and the following amounts: A. Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, or amounts received for any federal or state excise taxes on motor fuels. B. Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business). C. Any amount representing returns or trade-in allowances granted by the business to its customer. D. obligor. Receipts which are the proceeds of a loan transaction in which the licensee is the E. Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset. F. Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive. G. Withdrawals from inventory for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes. H. Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business. I. Amounts paid by real estate brokers to real estate agents as a commission on any real estate transaction shall be excluded from real estate brokers' gross receipts. Each real estate broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, the amount of the receipts paid to each such agent, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes. (3-15-83, S 65; 6-13-73; 5-15-75; 4-21-76; 3-10-82; Ord. 96-11(1),11-13-96, S 11-18; Ord. 97- 11(1), 5-7-97, S 11-18; Code 1988, S 11-18; Ord. 98-A(1), 8-5-98; Ord. 07-8(1), adopted 10-3- 07, effective 1-1-08) State law reference--Va. Code ~ 58.1-3732. ARTICLE VI. SCHEDULE OF TAXES DIVISION 1. GENERALLY Sec. 8-601 Bondsmen. Each person engaged as a bondsman shall be subject to the license tax, and other provisions, set forth herein: A. Every person who shall, for compensation, enter into any bond or bonds for others, whether as a principal or surety, shall be subject to a license tax of one hundred fifty dollars ($150.00), which shall not be prorated or transferred. B. No professional bondsmen or his agent shall enter into any such bond or bonds in the county until he shall have obtained such license unless he has obtained such required license in another city or county, in which he engages in the business of bail bonding. C. With the exception of any bondsman or his agent who has heretofore obtained a certificate and license under this section and whose certificate, license and right to act as a bondsman continues to remain in full force and effect, no such license shall be issued unless and until the applicant shall have first obtained a bail bondsman license from the Department of Criminal Justice Services. (Ord. 96-11(1),11-13-96, S 11-31; Code 1988, S 11-31; Ord. 98-A(1), 8-5-98; Ord. 07-8(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code ~~58.1-3724 Sec. 8-604 (Repealed 10-3-07) 2 DIVISION 4. PERSONAL, PROFESSIONAL, BUSINESS OR REPAIR SERVICE BUSINESS, OCCUPATIONS AND PROFESSIONS Sec. 8-617 Retailers or retail merchants. Each person engaged as retailer or retail merchant shall be subject to the license tax, and other provisions, set forth herein: A. Each person engaged as a retailer or retail merchant shall be subject to a license tax of twenty cents ($0.20) for each one hundred dollars ($100.00) of gross receipts, other than as provided in subsection (B) herein. B. Each person engaged as a retailer or retail merchant shall be subject to a license tax of ten cents ($0.10) for each one hundred dollars ($100.00) of gross receipts for direct retail sales. For purposes of this section, a "direct retail sale" is defined as a retail sale made to a remote buyer ordering by telephone, internet, or mail, in which the item(s) sold is/are shipped by common carrier or by the U.S. Postal Service. C. Retailers or retail merchants include, but are not limited to, the following: Aircraft or aircraft parts. Alcoholic beverages. Antiques. Auto accessory, tire, battery. Automobile graveyards. Auto sales, motor vehicle dealers. Bakeries, caterers. Bicycles. Boats, motors. Books, stationery. Building materials. Candy, nut stores. Cigar, tobacco stands, newsstands. Confectionery . Custom tailor. Dairy products. Delicatessen. Department stores. Drapery, curtain, upholstery. Drugs. Dry goods stores. Eggs, poultry. Family clothing. Farm equipment. Filling stations. Firearms. Fish, seafood market. Floor covering. Florists. Fruit stores, vegetable markets. Fuel, ice. Furniture. Furriers. Garden supplies. 3 General stores. Gift, novelty, souvenir. Grocery. Hardware. Heating, plumbing, electrical equipment. Hog, grain, feed, seed. Hosiery. Jewelry. Junk or secondhand merchandise. Lightning rods. Luggage. Lumber goods. Meat markets. Men's and boy's clothing. Millinery. Motorcycle. Musical instrument. Office, store, appliance supply. Optical. Other clothing. Paint, glass, wallpaper. Photographic, supply, equipment. Radio, television or household appliances. Restaurants, eating places, nightclubs. Secondhand stores, other than junk. Scientific, medical supplies. Shoes. Soda fountain. Sporting goods. Travel bureau or tour agent. Used cars. Variety stores. Workmen's clothing. All other retail stores and retail merchants' occupations, businesses or trades not included herein and not otherwise taxed by this chapter. D. In any case in which the Virginia Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for PADD 1 C (Petroleum Administration for Defense District - Lower Atlantic Region) has increased by 20% or greater in anyone-week period over the immediately preceding one-week period and does not fall below the increased rate for at least 28 consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by this chapter, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed 110% of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the local tax official. The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the county the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the county 4 pursuant to Virginia Code 9 58.1-3703 for the license year immediately preceding the license year of such increase. The Virginia Department of Mines, Minerals and Energy shall determine annually if such increase has occurred and remained in effect for such 28-day period. For purposes of this subsection, the following definitions shall apply: 1. "Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code 9 58.1-2201. 2. "Gas retailer" means a person or entity engaged in business as a retailer offering to sell at retail on a daily basis alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in Virginia Code 9 58.1-2201. (3-15-73,955; 4-21-76; 3-10-82; Ord. 96-11(1),11-13-96,9 11-68; Code 1988; 9 11-68; Ord. 98-A(1), 8-5-98; Ord. 06-8(1), adopted 5-3-06, effective 1-1-07; Ord. 07-8(1), adopted 10-3-07, effective 1-1-08) State law reference--Va. Code ss 58.1-3703, 58.1-3706. This ordinance shall be effective on and after January 1, 2008. 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 six to zero, as recorded below, at a regular meetingmon clobor 3,2007. ~(! tAJ~_ , Board of County Supervisors Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y Y.. Y.. Y.. Y.. Y.. 5 ORDINANCE NO. 07-9(1) AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE IV, COUNTY VEHICLE LICENSES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, Article IV, County Vehicle Licenses, is hereby amended and reordained as follows: By Amending: Sec. 9-410 Display of license decal, etc. CHAPTER 9. MOTOR VEHICLES AND TRAFFIC ARTICLE IV. COUNTY VEHICLE LICENSES Sec. 9-410 Display of license decal, etc. Decals or other stickers issued pursuant to this article shall be displayed on the vehicle in accordance with state law and regulation. A decal may not be attached to any motor vehicle, trailer or semitrailer for which it has not been assigned. The display of a local decal or sticker shall not be required on any vehicle owned by a public service company, as defined in Virginia Code S 56-76, having a fleet of at least 2,500 vehicles garaged in the Commonwealth. (Code 1967, S 12-99; Ord. of 2-14-90; Code 1988, S 12-31; Ord. 98-A(1), 8-5-98; Ord. 05-9(2), 12-7-05, effective 1-1-06; Ord. 07-9(1), 10-3-07) This ordinance shall be effective immediately. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a regular meetin eld on October 3.2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay Y y Y Y Y Y ORDINANCE NO. 07-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE IX, TRANSIENT OCCUPANCY TAX, AND ARTICLE XII, FOOD AND BEVERAGE TAX, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article IX, Transient Occupancy Tax, and Article XII, Food and Beverage Tax, are hereby amended and reordained as follows: By Amending: Sec. 15-910 Penalty for late remittance or false return Sec. 15-911 Violations of article Sec. 15-1203 Tips and service charges Sec. 15-1213 Penalty for late remittance or false return Sec. 15-1214 Violations of article CHAPTER 15. TAXATION ARTICLE IX. TRANSIENT OCCUPANCY TAX 15-910 Penalty for late remittance or false return. A. If any lodging provider whose duty it is to do so shall fail or refuse to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the total amount of tax owed if the failure is not for more than one month, with an additional penalty of five percent (5%) of the total amount of tax owed for each additional month or fraction thereof during which the failure continues, such penalty not to exceed twenty-five percent (25%) of the taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00), or the amount of the tax assessable, whichever is less. B. If any lodging provider whose duty it is to do so shall fail or refuse to file any return required by this article within the time specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the tax assessable on such return or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for any person to willfully fail or refuse to file any return required under this article or to make any false statement with the intent to defraud in connection with any return required by this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less, and it shall be a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000. (9 8-43; Code 1988, 9 8-51, Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1-1-08) State law reference - Va. Code 99 58.1 - 3916,58.1-3916.1 Sec. 15-911 Violations of article. Any corporate or partnership officer as defined in Virginia Code 9 58.1-3906, or any other person required to collect, account for and pay over a tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any such person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction under this section shall not relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure or violation, and each day's continuance thereof, shall constitute a separate offense. (Code 1988, 98-52; Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10- 3-07, effective 1-1-08) State law reference-oVa. Code SS 58.1- 3906, 58.1 - 3907; as to punishment for class 1 misdemeanor, see S 18.2-11. ARTICLE XII. FOOD AND BEVERAGE TAX Sec. 15-1203 Tips and service charges. No tax shall be imposed under this article on (i) that portion of the amount paid by purchaser as a discretionary gratuity in addition to the sales price; (ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price, but only to the extent that such mandatory gratuity or service charge does not exceed 20% of the sales price. (9 8-78, 12-10-97; Code 1988, 98-78; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1-1-08) State law reference-Va. Code S 58.1-3833(E) Sec. 15-1213 Penalty for late remittance or false return. A. If any seller whose duty it is to do so shall fail or refuse to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the total amount of the tax owed if the failure is not for more than one month, with an additional penalty of five percent (5%) of the total amount of the tax owed for each additional month or fraction thereof during which the failure continues, such penalty not to exceed twenty-five percent (25%) of the taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00), or the amount of the tax assessable, whichever is less. B. If any seller whose duty it is to do so shall fail or refuse to file any return required by this article within the time specified in this article, there shall be added to such tax by the director of finance a penalty in the amount of ten percent (10%) of the tax assessable on such return or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for any person to willfully fail or refuse to file any return required under this article or to make any false statement with the intent to defraud in 2 connection with any return required by this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1,000 or less, and it shall be a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1,000. (9 8-88, 12-10-97; Code 1988, 9 8-88; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1-1-08) State law reference-Va. Code ~~ 58.1-3916, 58.1-3916.1 Sec. 15-1214 Violations of article. Any corporate or partnership officer as defined in Virginia Code 9 58.1-3906, or any other person required to collect, account for and pay over tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. (98-89, 12-10-97; Code 1988, 98-89; Ord. 98-A(1), 8-5-98; Ord. 07-15(2), adopted 10-3-07, effective 1-1-08) State law reference-Va. Code ~ 58.1-3907 This ordinance shall be effective on and after January 1, 2008. 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 six to zero, as recorded below, at a regular meetin Id 0 October 3,2007. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y 3 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Finance Tax Ordinances AGENDA DATE: October 3, 2007 SUBJECT/PROPOSAL/REQUEST: Public hearing to consider adoption of ordinances to amend the County Code: · Chapter 1, General Provisions, regarding the penalty for returned checks; · Chapter 8, Licenses, regarding BPOL Tax provisions; · Chapter 9, Motor Vehicles and Traffic, regarding license decal requirements; and · Chapter 15, Taxation, regarding Transient Occupancy Tax and Food and Beverage Tax provisions ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: LEGAL REVIEW: Yes STAFF CONTACnS): Messrs. Tucker, Foley, Davis, Herrick, Wiggans, Walters BACKGROUND: The 2006 and 2007 General Assemblies adopted several statutory changes that require updates to the Albemarle County Code. The attached ordinances bring the Albemarle County Code into compliance with the most recent changes to the Virginia Code. STRATEGIC PLAN: Goal 5: Fund the County's Future Needs DISCUSSION: The four proposed ordinances attached (one for each affected chapter of the Albemarle County Code) make revisions to nine different areas of the County Code. Most of the proposed revisions are needed to stay current with recent changes to state law. . Sec. 1-120 Increases the penalty for returned checks: This revision increases the penalty for returned checks from $20 to $35. This revision is also amended to track Virginia Code 92.2-614.1 (C). Excludes excise taxes from BPOL receipts: This revision clarifies that the motor fuels tax, whether paid directly or indirectly, is exempt from gross receipts for BPOL purposes. This revision is needed to comply with a 2007 amendment to Virginia Code 9 58.1-3732. Revises licenses for bondsmen: Virginia Code 958.1-3724 has modified the licensing of bondsmen in several areas. This revision will bring our local license requirements up-to-date with the more limited state enabling authority. Repeals "small loan company" provisions from BPOL: The "small loan company" provisions originated a long time ago when operations were significantly different. Over time, business practices have evolved to the point to where a "small loan company" is now deemed to be a financial service, which is governed by Albemarle County Code 9 8-615 (c). · Sec. 8-305 · Sec. 8-601 . Sec. 8-604 AGENDA TITLE: Finance Tax Ordinances October 3, 2007 Page 2 . Sec. 8-617 Caps BPOL gross receipts of gas retailers: This revision sets a cap on the gross receipts taxes on fuel sales of gas retailers in the event that gas prices rise dramatically. While this cap may never be triggered, this revision is needed to comply with new Virginia Code 9 58.1-3706(E). · Sec. 9-410 Excludes certain public service companies from decal requirements: Virginia Code 946.2-752 now exempts vehicles owned by public service companies having a fleet of at least 2,500 vehicles garaged in the Commonwealth from having to display any local license, decal, or sticker. This revision is needed to comply with a 2007 amendment to Virginia Code 9 46.2-752(G). · Secs. 15-910& 15-911 Revises transient occupancy tax penalties: This change decreases the maximum penalty for transient occupancy tax from 30% to 25% or the amount of the tax, whichever is less; decreases the maximum penalty for failure or refusal to file a required transient occupancy tax return to 10% of the tax assessable or $10.00, whichever is greater; and makes unlawful and punishable as a misdemeanor any willful failure or refusal to file any required transient occupancy tax return. This revision is needed to comply with Virginia Code 958.1-3916. · Sec. 15-1203 Excludes certain gratuities from food and beverage tax: Virginia Code 9 58.1-3833 was revised to exempt discretionary gratuities (tips) and restaurant- imposed gratuity/service charges that do not exceed 20% of the sales price. This revision is needed to comply with a 2006 amendment to Virginia Code 9 58.1-3833(E). · Secs. 15-1213 & 15-1214 Revises food and beverage tax penalties: This change decreases the maximum penalty for food and beverage tax from 30% to 25% or the amount of the tax, whichever is less; decreases the maximum penalty for failure or refusal to file a required food and beverage tax return to 10% of the tax assessable or $10.00, whichever is greater; and makes unlawful and punishable as a misdemeanor any willful failure or refusal to file any required food and beverage tax return;. This revision is needed to comply with Virginia Code 9 58.1-3916. BUDGET IMPACT: The budgetary impact is anticipated to be minimal, a net decrease of less than $5,000. RECOMMENDATIONS: Staff recommends that the Board, after the public hearing, adopt the attached four ordinances (Attachments A - D). ATTACHMENTS A- Ordinance 07-1(2) (General Provisions) B - Ordinance 07-8(1) (Licenses) C - Ordinance 07-9(1) (Motor Vehicles and Traffic) D - Ordinance 07-15(2) (Taxation) Draft: September 1 1, 2007 Attachment A ORDINANCE NO. 07-1(2) AN ORDINANCE TO AMEND CHAPTER 1, GENERAL PROVISIONS, 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 1, General Provisions, is hereby amended and reordained as follows: By Amending: Sec. 1-120 Fee for returned checks CHAPTER 1. GENERAL PROVISIONS Sec. 1-120 Fee Penaltv for returned checks or other oavment. .^.ny person who utters, publishes or passes a eooek or draft for any sum due, otaer than for paymoot of taxes, '.vhieh is subsequently retHmed f-or insuffioient funds or beeause there is no aoeount or the aeeount has been olosed, shall pay a fee of twenty dollars ($20.00). Sueh fee shall be in addition to any and all other peflalties and fees provided by law. If any check or other means of oavrnent tendered to the county or any al!encv thereof in the course of its duties is not oaid bv the financial institution on which it is drawn. because of insufficient funds in the account of the drawer. no account is in the name of the drawer. or the account of the drawer is closed. and the check or other means of oavrnent is returned to the named oavee unoaid. the amount thereof shall be charl!ed to the oerson on whose account it was received. and his liability and that of his sureties. shall be as ifhe had never offered any such oavment. A oenaltv ofthirtv-five dollars ($35.00) shall be added to such amount. This oenaltv shall be in addition to any other oenaltv orovided bv l~ exceot the oenaltv imoosed bv S 15-103 shall not aoolv. (Ord. No. 97-1(1), 2-12-97; Code 1988, S 1-9; Ord. 98-A(1), 8-5-98) State law reference-Va. Code * 2.2-614.1 (C). This ordinance shall be effective on and after January 1,2008. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to __, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Draft: September 12, 2007 Attachment B ORDINANCE NO. 07-8(1) AN ORDINANCE TO AMEND CHAPTER 8, LICENSES, ARTICLE III, DETERMINING GROSS RECEIPTS, AND ARTICLE VI, SCHEDULE OF TAXES, 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 8, Licenses, Article III, Determining Gross Receipts, and Article VI, Schedule of Taxes, are hereby amended and reordained as follows: By Amending: Sec. 8-305 Amounts excluded from gross receipts Sec. 8-601 Bondsmen Sec. 8-617 Retailers or retail merchants By Repealing: Sec. 8-604 Loan agencies CHAPTER 8. LICENSES ARTICLE III. DETERMINING GROSS RECEIPTS Sec. 8-305 Amounts excluded from gross receipts. For purposes of determining a license tax, gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business in the ordinary course of such business, and the following amounts: A. Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, or amounts received for any federal or state excise taxes on motor fuels. B. Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business). C. Any amount representing returns or trade-in allowances granted by the business to its customer. D. Receipts which are the proceeds of a loan transaction in which the licensee is the obligor. E. Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset. F. Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration ofthe sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive. 1 Draft: September 12,2007 Attachment B G. Withdrawals from inventory for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes. H. Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business. 1. Amounts paid by real estate brokers to real estate agents as a commission on any real estate transaction shall be excluded from real estate brokers' gross receipts. Each real estate broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, the amount of the receipts paid to each such agent, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes. (3-15-83, S 65; 6-13-73; 5-15-75; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, S 11-18; Ord. 97-11(1),5- 7-97, S 11-18; Code 1988, S 11-18; Ord. 98-A(1), 8-5-98) State law reference--Va. Code ~ 58.1-3732. ARTICLE VI. SCHEDULE OF TAXES DIVISION 1. GENERALLY Sec. 8-601 Bondsmen. Each person engaged as a bondsman shall be subject to the license tax, and other provisions, set forth herein: A. Eash person fumishing bail bonds for eash, or by any other method, and makiflg a eharge therefor Every oerson who shall. for comoensation. enter into anv bond or bonds for others. whether as a orincioal or surety, shall be subject to a license tax of one hundred fifty dollars ($150.00), which shall not be prorated or transferred. B. No 500ft professional bondsmen or his agent shall enter into any such bond or bonds in the county until he shall have obtained such license unless he has obtained such reauired license in another city or county. in which he enl!al!es in the business of bail bondinl!. C. With the exception of any bondsman or his agent who has heretofore obtained a certificate and license under this section and whose certificate, license and right to act as a bondsman continues to remain in full force and effect, no such license shall be issued unless and until the applicant shall have first obtained a bail bondsman license from the Deoartment of Criminal Justice Services eertifieate from the judge of the eireuit eoOO of the county appro'/ing the issuanee of the license and eertifYing that the applicant is of good moral eharaeter, that his past eanduet before the eaurte of the COlHlty has not been unsatisfaetory and is suitable to be so lieensed; and provided, further, that before the issuanee of sueh eertifieate the judge of the eireuit eourt may eonfer ''vith the judge or judges of those courts in .."hioh sueh bondsman seeks to aet. "\ lieense granted to a professional bondsman in the COlHlty shall authorize such person to enter into sueh bonds in the eOlHlty. 2 Draft: September 12, 2007 Attachment B C. No professional bondsman shall enter iRto any sueh bond if the aggregate of the penalty of suoh bORd and all other bonds, on wilieh he has not been released from liability, is in exeess of the true mark-et value of his real estate. Each professional bondsman, if so direeted by the judge of the circuit eourt of the oounty shall plaoe a deed of trust on the real estate that he is using f-or tRe limit ef his expeeted bonded indebtedness to secure the Common'.vealth of Virginia and shall name the Commonwealth's attorney of the eounty as trustee under the deed of trust. In addition tRereto, he shall fumish tRe clerk of the cireuit court an aeoepta-ble appraisal and title eertifioate ofthe real estate subjeot to any sueh deed of trust. Eaeh professieflal bondsman lieensed hereunder shall file with the clerk ef the eireuit oourt of the eounty not later than the fifth day of eaeh month a list of all outstanding bonds on '.vhieh he ':las obligated as of the last day of the preoeding menth, together ':lith the amount of the penalty of eaeh sueh bond. D. Eaeh professioRal bondsmaR or agent for any professional bondsman, qualified lHlder this seetion, shall be subjeet to and go';erned by any reasonable rules of e~)flduot or prooedure set up by the judge or justiee of the eourt in which he is aoting as a bORdsman whieh may inelude a reql:lirement that sueh bondsman or agent plaoe a reasonable amount of eash or negotiable bonds in esero''v with the clerk of sueR oourt to be ReId docing the time sueh bondsffiaR or agent is aetiRg as a bORdsman in suoh 13000; pro'lided, that sueh clerk is aeting under a bond of suffieieRt amount and oo','erage to inslH"e proteotion against loss, theft, or misappropriation. Upon his '/iolation of sueh rules, he may, after hearing Mpon a eharge of suoh violatien, be suspended from entering into further bonds in sueh eourt by the judge or justiee thereof. If suoh bondsman or agent fails to ha','e in esoro',',' ','lith the clerk of sueh eourt a sum suffieient to cover any forfeiture of bond agaiRst him aRd fails or refuses to pay sueR forfeitoce after notioe and demand by the judge or justiee of the eourt he may be suspended by suohjudge or justice from entering inte further bonds in said court until the forfeiture is paid or it is adjudieated that he is not liable thereon. E. No person shall be lieensed hereunder either as a professional bondsman or agent for any professional bondsmafl, when sueh perSOR, or his or her spouse, holds any office as magistrate, olerk or deputy elerk of any eourt. F. Nothing in this seotien shall be oonstrued to apply to guaranty, indemnity, fidelity and seewity eompanies doing business in the eounty under the provisions of CRapter 24 of Title 38.2 ef the Code of Virginia, exeept that agents and attorneys in faet of guaranty, indemnity, fidelity and seeocity eompanies entering into bonds for bail, appearanoes, eosts or appeal in eriminal eases, shall be required to obtain a eertifieate from the judge of the eireuit eourt of the oOlHlty, eertifying that the applieant is of good moral ehai'aeter, that his past eonduet before the oourts of the oelHlty has not been unsatisfaotory and he is suitable to be a lieensed bondsman. G. The proyisions of this seetion sRall apply to agents and attorneys in fact of gUai'anty, indemnity, fidelity and seourity oompanies entering into bonds f-or bail, appearanees, oosts or appeal, exeept that suoh oompany shall not be required to plaoe oash or bonds in escrO'.v ',vith the court as hereinbefore required. (Ord. 96-11(1),11-13-96, S 11-31; Code 1988, S 11-31; Ord. 98-A(1), 8-5-98) State law reference--Va. Code 9f-58.1-3724, 19.2 152.1. See. 8 (iO~ Lalla llgeaeies. Eaoh person engaged as a small10an oompany shall be subjeot to a lieense tax of t'.vo hundred dollars ($200.00), whieR tax shall not be prorated. 3 Draft: September 12,2007 Attachment B (3 15 73, ~ 37; 1 13 88; Ord. 96 11(1), 11 13 96, ~ II 38; Code 1988, ~ II 38; Ord. 98 ,^~(1), 8 5 98) State law refereBee Va. Ceae ~ 58.1 3700. DIVISION 4. PERSONAL, PROFESSIONAL, BUSINESS OR REPAIR SERVICE BUSINESS, OCCUPATIONS AND PROFESSIONS Sec. 8-617 Retailers or retail merchants. Each person engaged as retailer or retail merchant shall be subject to the license tax, and other provisions, set forth herein: A. Each person engaged as a retailer or retail merchant shall be subject to a license tax of twenty cents ($0.20) for each one hundred dollars ($100.00) of gross receipts, other than as provided in subsection (B) herein. B. Each person engaged as a retailer or retail merchant shall be subject to a license tax often cents ($0.10) for each one hundred dollars ($100.00) of gross receipts for direct retail sales. For purposes of this section, a "direct retail sale" is defined as a retail sale made to a remote buyer ordering by telephone, internet, or mail, in which the item(s) sold is/are shipped by common carrier or by the U.S. Postal Service. C. Retailers or retail merchants include, but are not limited to, the following: Aircraft or aircraft parts. Alcoholic beverages. Antiques. Auto accessory, tire, battery. Automobile graveyards. Auto sales, motor vehicle dealers. Bakeries, caterers. Bicycles. Boats, motors. Books, stationery. Building materials. Candy, nut stores. Cigar, tobacco stands, newsstands. Confectionery . Custom tailor. Dairy products. Delicatessen. Department stores. Drapery, curtain, upholstery. Drugs. Dry goods stores. Eggs, poultry. Family clothing. Farm equipment. Filling stations. 4 Draft: September 12, 2007 Attachment B Firearms. Fish, seafood market. Floor covering. Florists. Fruit stores, vegetable markets. Fuel, ice. Furniture. Furriers. Garden supplies. General stores. Gift, novelty, souvenir. Grocery. Hardware. Heating, plumbing, electrical equipment. Hog, grain, feed, seed. Hosiery. Jewelry. Junk or secondhand merchandise. Lightning rods. Luggage. Lumber goods. Meat markets. Men's and boy's clothing. Millinery. Motorcycle. Musical instrument. Office, store, appliance supply. Optical. Other clothing. Paint, glass, wallpaper. Photographic, supply, equipment. Radio, television or household appliances. Restaurants, eating places, nightclubs. Secondhand stores, other than junk. Scientific, medical supplies. Shoes. Soda fountain. Sporting goods. Travel bureau or tour agent. Used cars. Variety stores. Workmen's clothing. All other retail stores and retail merchants' occupations, businesses or trades not included herein and not otherwise taxed by this chapter. D. In anv case in which the Vir2:inia Deoartment of Mines. Minerals and Ener2:\' determines that the weeklv U.S. Retail Gasoline orice (rel!Ular lITade) for PADD Ie (Petroleum Administration for Defense District - Lower Atlantic Re2:ion) has increased bv 20% or lITeater in anv one-week oeriod over the immediatelv nrecedin2: one-week oeriod and does not fall below the increased rate for at least 28 consecutive davs immediatelv followin2: the week of such increase. then. notwithstandin2: anv tax rate on 5 Draft: September 12,2007 Attachment B retailers imoosed bv this chaoter. the IITOSS receiots taxes on fuel sales of a l!as retailer made in the followinl! license year shall not exceed 110% of the IITOSS receiots taxes on fuel sales made bv such retailer in the license year of such increase. For license years bel!inninl! on or after Januarv 1. 2006. everv l!as retailer shall maintain seoarate records for fuel sales and non fuel sales and shall make such records available uoon reauest bv the local tax official. The orovisions of this subsection shall not aoolv to any oerson or entity (i) not conductinl! business as a l!as retailer in the county the entire license year immediately orecedinl! the license year of such increase or (ii) that was subiect to a license fee in the county oursuant to Virl!inia Code S 58.1-3703 for the license year immediately orecedinl! the license year of such increase. The Virl!inia Deoartment of Mines. Minerals and Enenrv shall determine annually if such increase has occurred and remained in effect for such 28-dav oeriod. For ourooses of this subsection. the followinl! definitions shall aoolv: 1. "Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel. blended fuel. diesel fuel. l!asohol. or l!asoline. as such terms are defined in Virl!inia Code S 58.1-2201. 2. "Gas retailer" means a oerson or entity enl!al!ed in business as a retailer offerinl! to sell at retail on a daily basis alternative fuel. blended fuel. diesel fuel. l!asohol. or l!asoline. as such terms are defined in Virl!inia Code S 58.1-2201. (3-15-73, S 55; 4-21-76; 3-10-82; Ord. 96-11(1), 11-13-96, S 11-68; Code 1988; S 11-68; Ord. 98-A(1), 8-5-98; Ord. 06-8(1), adopted 5-3-06, effective 1-1-07) State law reference--Va. Code ~S 58.1-3703. 58.1-3.1illi. This ordinance shall be effective on and after January 1, 2008. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 6 Draft: September 12, 2007 Attachment C ORDINANCE NO. 07-9(1) AN ORDINANCE TO AMEND CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE IV, COUNTY VEHICLE LICENSES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 9, Motor Vehicles and Traffic, Article IV, County Vehicle Licenses, is hereby amended and reordained as follows: By Amending: Sec. 9-410 Display of license decal, etc. CHAPTER 9. MOTOR VEIDCLES AND TRAFFIC ARTICLE IV. COUNTY VEIDCLE LICENSES Sec. 9-410 Display of license decal, etc. Decals or other stickers issued pursuant to this article shall be displayed on the vehicle in accordance with state law and regulation. A decal may not be attached to any motor vehicle, trailer or semitrailer for which it has not been assigned. The disDlav of a local decal or sticker shall not be reauired on anv vehicle owned bv a Dubhe service comoanv. as defined in Vinrinia Code & 56-76. havin2: a fleet of at least 2.500 vehicles 2:ara2:ed in the Commonwealth. (Code 1967, S 12-99; Ord. of2-14-90; Code 1988, S 12-31; Ord. 98-A(1), 8-5-98; Ord. 05-9(2),12-7-05, effective 1-1-06) This ordinance shall be effective immediately. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to __, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Domer Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Draft: September 11, 2007 Attachment D ORDINANCE NO. 07-15(2) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE IX, TRANSIENT OCCUPANCY TAX, AND ARTICLE XII, FOOD AND BEVERAGE TAX, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article IX, Transient Occupancy Tax, and Article XII, Food and Beverage Tax, are hereby amended and reordained as follows: By Amending: Sec. 15-910 Penalty for late remittance or false return Sec. 15-911 Violations of article Sec. 15-1203 Tips and service charges Sec. 15-1213 Penalty for late remittance or false return Sec.15-12l4 Violations of article CHAPTER 15. TAXATION ARTICLE IX. TRANSIENT OCCUPANCY TAX 15-910 Penalty for late remittance or false return. A. If any lodging provider whose duty it is to do so shall fail or refuse to file aft)' report reql:lired by this artiole or to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount often percent (10%) of the total amount of tax owed if the failure is not for more than thirty (30) days one month, with an additional penalty of ten pereent (10%) five oercent (5%) of the total amount of tax owed for each additional thirty (30) days month or fraction thereof during which the failure continues, such penalty not to exceed thirty pereent(30~<.) twenty-five oercent (25%) of the tax o'.ved taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00). or the amount of the tax assessable. whichever is less. B. In the ease of a false or fraudulent return '.vith intent to defraud the eounty of any tax due under this artie1e, a penalty of fifty pereent (50~<.) of the tax O'.ved shall be assessed against the person required to eolleot sueh tax. B. If any lodg:ing: orovider whose duty it is to do so shall fail or refuse to file any return reauired bv this article within the time soecified in this article. there shall be added to such tax bv the director of finance a oenaltv in the amount of ten oercent (10%) of the tax assessable on such return or $10. whichever is ill'eater: orovided. however. that the oenaltv shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for any oerson to willfully fail or refuse to file any return reauired under this article or to make any false statement with the intent to defraud in connection with any return reauired bv this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $ 1.000 or less. and it shall be a Class 1 misdemeanor if the amount ofthe tax lawfully assessed in connection with the return is more than $1.000. (s 8-43; Code 1988, S 8-51, Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98) StateJa.w reference- Va Code && 58 1-3916 58.1-39161 1 Draft: September 11, 2007 Attachment D Sec. 15-911 Violations of article. Any comorate or oartnershio officer as defined in Virflinia Code & 58.1-3906. or anv other person required to collect, account for and pay over a tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any such person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction under this section shall not relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of crimina11iabi1ity for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure or violation, and each day's continuance thereof, shall constitute a separate offense. (Code 1988, ~ 8-52; Ord. No. 98-8(2), 6-10-98; Ord. 98-A(1), 8-5-98) State law reference--Va. Code SS 58.1- 3906, 58.1 - 3907; as to punishment for class 1 misdemeanor, see S 18.2-11. ARTICLE XII. FOOD AND BEVERAGE TAX Sec. 15-1203 Tips and service charges. A. Where a purchaser provides a tip for an employee or employees of a seller, and the amount of the tip is Y:1lOlly in the diseretion of the purchaser, the tip is not subjeet to the tax imposed by this article, v:hether paid in cash to the employee or aclded to the bill and eharged to the purchaser's account, provided, in the latter case, the full amount of the tip is turned over to the employee by the sener. B. ,^.n amount or pereent, '.vhether designmed as a tip or a service charge, that is added to the price of the meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the meal and is subject to the tax imposed by this article. No tax shall be imoosed under this article on (i) that oortion of the amount oaid bv ourchaser as a discretionarY l.ITatuitv in addition to the sales orice: (ii) that oortion of the amount oaid bv the ourchaser as a mandatorY l.ITatuitv or service charfle added bv the restaurant in addition to the sales orice. but onlv to the extent that such mandatorY l.ITatuitv or service chame does not exceed 20% of the sales orice. (~ 8-78,12-10-97; Code 1988, ~ 8-78; Ord. 98-A(1), 8-5-98) State law reference--Va Code S 58 1-3833(E) Sec. 15-1213 Penalty for late remittance or false return. A. If any seller whose duty it is to do so shall fail or refuse to file any report required by this article or to remit to the director of finance the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty in the amount often percent (10%) of the total amount of the tax owed if the failure is not for more than thirty (30) days one month, with an additional penalty often percent (10%) five oercent (5%) of the total amount of the tax owed for each additional thirty (30) days month or fraction thereof during which the failure continues, such penalty not to exceed thirty pereent (30%) twenty-five oercent ~ of the tax 0'.ved taxes collected but not remitted, provided, however, the minimum penalty shall be ten dollars ($10.00). or the amount of the tax assessable. whichever is less. 2 Draft: September II, 2007 Attachment D B. In the ease of a false or rral:ldulent return with intent to defraud the county of any tax due Uilder this article, a penalty of fifty peroent (50%) of the tax owed shall be assessed agaiFl:St the person required to eolleet sl:lch tax. B. If anv seller whose duty it is to do so shall fail or refuse to file anv return reauired bv this article within the time soecified in this article. there shall be added to such tax bv the director of finance a oenalty in the amount of ten oercent (10%) of the tax assessable on such return or $10. whichever is !!Teater: orovided. however. that the oenalty shall in no case exceed the amount of the tax assessable. C. It shall be unlawful for anv oerson to willfullv fail or refuse to file anv return reauired under this article or to make anv false statement with the intent to defraud in connection with any return reauired bv this article. It shall be a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is $1.000 or less. and it shall be a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return is more than $1.000. (98-88,12-10-97; Code 1988, 9 8-88; Ord. 98-A(1), 8-5-98) State law reference-Va Code SS 58.1-3916 58.1-3916.1 Sec. 15-1214 Violations of article. Any comorate or oartnershio officer as defined in Vinzinia Code ~ 58.1-3906. or anv other person required to collect, account for and pay over tax under this article, who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully evades or attempts to evade any such tax or payment thereof, shall be guilty of a class 1 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes or penalties provided for in this article. Any agreement by any person to pay the taxes or penalties provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes and penalties agreed to be paid by such person is received by the director of finance. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. (98-89, 12-10-97; Code 1988, 9 8-89; Ord. 98-A(1), 8-5-98) State law reference-Va. Code S 58.1-3907 This ordinance shall be effective on and after January 1,2008. 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 Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay 3 ORDINANCE NO. 07-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VII, REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VII, Real Estate Exemption for Certain Elderly and Disabled Persons, is hereby amended and reordained as follows: By Amending: Sec. 15-702 Definitions Sec. 15-704 Persons eligible for exemption Sec. 15-705 Amount of exemption CHAPTER 15. TAXATION ARTICLE VII. REAL ESTATE TAX EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS Sec. 15-702 Definitions. The following definitions shall apply in the interpretation and enforcement of this article: (1) Dwelling. The term "dwelling" means a building occupied as a residence. (2) Income. The term "income" means the total gross income from all sources comprising the amount of money received on a regular basis which is available to meet expenses, regardless of whether a tax return is actually filed, the money is taxable or deductible from the taxpayer's income tax return. (a) Income shall include: (i) retirement payments, including the portion that represents the contribution of the retiree; (ii) nontaxable social security retirement benefits; (iii) disability payments; and (iv) rental income. (b) Income shall not include: (i) life insurance benefits; (ii) receipts from borrowing or other debt; and (iii) social security taxes taken out of the pay of a retiree. (c) The income of a self-employed person received from the business shall be the gross income of the business, less the expenses of the business. (3) Manufactured home. The term "manufactured home" means a structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (4) Net combined financial worth. The term "net combined financial worth" means the net present value of all assets, including equitable interests, and liabilities of (i) the owners, (ii) the spouse of any owner, and (iii) the owner's relatives living in the dwelling. The term "net combined financial worth" shall not include: (i) the value of the dwelling and the land, not exceeding ten acres, upon which it is situated; (ii) the value of furniture, household appliances and other items typically used in a home; and (iii) the outstanding balance of any mortgage on the subject property, except to the extent that the subject property is counted as an asset. (5) Owning title or partial title. The term "owning title or partial title" means owning the usufruct, control or occupation of the real estate, whether the interest therein is in absolute fee or is in an estate less than a fee, such as the holding of a life estate. (6) Permanently and totally disabled person. The term "permanently and totally disabled person" means a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death, or can be expected to last for the duration of such person's life. (7) Real estate. The term "real estate" includes manufactured homes. (8) Relative. The term "relative" means any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner. (9) Taxable year. The term "taxable year" means the calendar year for which the exemption is claimed. (10) Total combined income. The term "total combined income" means the income received from all sources during the preceding calendar year by the owners of the dwelling who use it as their principal residence and by the owners' relatives who live in the dwelling. The following amounts shall be excluded from the calculation of total combined income: (a) The first sixty-five hundred dollars ($6500.00) of income of each relative who is not the spouse of an owner living in the dwelling and who does not qualify for the exemption provided by subdivision 9 c hereof. (b) The first seventy-five hundred dollars ($7500.00) of income for an owner who is permanently disabled. (c) If a person otherwise qualifies for the exemption and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of the relative or of the relative's spouse shall be counted towards the income limit, provided that the owner of the dwelling has not transferred assets in excess of five thousand dollars ($5,000.00) without adequate considerations within a three (3) year period prior to or after the relative moves into the dwelling. (2-15-73; 3-20-75; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, S 8-23; Ord. 98- A(1), 8-5-98; Ord. 03-15(2), 11-5-03; Ord. 05-15(4), 12-7-05, effective 1-1-06; Ord. 07-15(1), adopted 10-3-07, effective 1-1-08) State law reference-oVa. Code ~~ 36-85.3, 58.1-3210, 58.1-3211,58.1-3217. Sec. 15-704 Persons eligible for exemption. Persons who satisfy all of the following requirements are eligible for the exemption established in section 15-703: A. The person claiming the exemption shall have either: 1 . Reached the age of sixty-five (65) years prior to the taxable year for which the exemption is claimed; or 2 2. Became permanently and totally disabled prior to the taxable year for which the exemption is claimed. B. dwelling. The person claiming the exemption shall be a person owning title or partial title in the 1. The person claiming the exemption shall own title or partial title to the real estate for which the exemption is claimed on January 1 of the taxable year. 2. A dwelling jointly owned by a husband and wife may qualify if either spouse is sixty-five (65) years of age or older or is permanently and totally disabled. 3. Except as provided in paragraph (B.2), the exemption shall not apply to a dwelling jointly owned by a person who is sixty-five (65) years of age or older or who is permanently and totally disabled (an "exempt person"), and a person who not an exempt person. C. dwelling. The person claiming the exemption shall occupy the dwelling as that person's sole 1. The dwelling shall not be used for commercial purposes. 2. The fact that a person who otherwise qualifies for exemption established by this article resides in a hospital, nursing home, convalescent home or other facility for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which the exemption is sought does not continue to be the sole dwelling of the person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. D. A manufactured home is real estate eligible for the exemption established by this article if the person claiming the exemption demonstrates to the satisfaction of the director of finance that the manufactured home is permanently affixed. Either of the following shall be evidence that the manufactured home is permanently affixed: 1. The person claiming the exemption owns title or partial title to the manufactured home and the land on which the manufactured home is located, and the manufactured home is connected to permanent water and sewage lines or facilities; or 2. Whether or not the manufactured home is located on land on which the person claiming the exemption owns title or partial title, the manufactured home rests on a permanent foundation and consists of two (2) or more units which are connected in such a manner that they cannot be towed together on a highway, or consists of a unit and other connected rooms or additions which must be removed before the manufactured home can be towed on a highway. E. The total combined income shall not exceed sixty-nine thousand four hundred fifty- two dollars ($69,452.00) for the calendar year immediately preceding the taxable year. F. The net combined financial worth shall not exceed two hundred thousand dollars ($200,000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. (2-15-73; 3-20-75; 11-9-77; 8-13-80; 6-12-85; 5-13-87; Ord of 12-19-90; Ord. of 4-7-93; Ord. 96-8(2), 12-11-96; Code 1988, 98-26; 9-9-81; Ord. 12-19-90; Code 1988, 98-26.1; Ord. 98-A(1), 8-5-98; Ord. 00-15(2), 9-20-00; Ord. 03-15(2), 11-5-03; Ord. 04-15(2), 12-1-04, effective 1-1-05; Ord. 06- 15(3), adopted 11-1-06, effective 1-1-07; Ord. 07-15(1), adopted 10-3-07, effective 1-1-08) 3 State law reference-oVa. Code ~~ 58.1-3210, 58.1-3211,58.1-3212,58.1-3214,58.1-3215. Sec. 15-705 Amount of exemption. The amount of the exemption established by this article from the real estate tax for any taxable year shall be as follows: Percentage of Real Estate Tax Exempted Net Combined Financial Worth $0 to $100,000 Over $100,000 to Over $150,000 to $150,000 $200,000 $0 to $30,000 100.0% 90.0% 80.0% Total Over $30,000 to 70.0% 60.0% 50.0% Combined $50,000 Income Over $50,000 to 40.0% 30.0% 20.0% $69,452 (2-15-73; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of 4-7-93; Code 1988, S 8-27; Ord. 98-A(1), 8-5- 98; Ord. 00-15(2), 9-20-00; Ord. 04-15(2),12-1-04; Ord. 06-15(3), adopted 11-1-06, effective 1-1-07; Ord. 07-15(1), adopted 10-3-07, effective 1-1-08) State law reference-oVa. Code ~ 58.1-3212. This ordinance shall be effective on and after January 1, 2008. 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 Albern County, Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on Octol:) r 3 07. Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant Aye Nay y y y y y y 4 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Real Estate Tax Exemption For Certain Elderly and Disabled Persons AGENDA DATE: October 3, 2007 ACTION: X INFORMATION: SUBJECT/PROPOSAUREQUEST: Public hearing to consider adoption of an Ordinance to amend the eligibility requirements and exemption amounts for the Tax Relief for the Elderly and Disabled Program CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Wiggans, Correa REVIEWED BY: LEGAL REVIEW: Yes BACKGROUND: Albemarle County has a Tax Relief for the Elderly and Disabled Program that provides a tax exemption for the elderly and/or disabled owners of real estate and mobile homes. The exemption is based on a matrix of income and net worth levels. The limits of the Program are dictated by state law. During its discussion of the FY 2007/08 Budget, the Board directed staff to prepare an ordinance to increase the income and net worth eligibility limits and the acreage excluded from net worth calculations to the maximums allowed by state law. STRATEGIC PLAN: GoalS. Fund the County's future needs. DISCUSSION: As directed by the Board, staff has prepared an ordinance to amend the County's Tax Relief for the Elderly and Disabled Program that revises the current income and net worth matrix by increasing the allowable income limit from $50,000 to $69,452 and the allowable net worth limit from $125,000 to $200,000. The $69,452 and the $200,000 amounts are the maximum amounts allowed for Albemarle County under Virginia Code 9 58.1-3211. The ordinance also increases the acreage excluded from the net worth calculation. Currently, five acres are excluded from an applicant's net worth. The ordinance increases this exclusion to ten acres, the maximum amount allowed by state law. BUDGET IMPACT: The FY 08 budget funded $678,638 for the Tax Relief for Elderly and Disabled Program. It is estimated that the budgeted amount will be sufficient to fund the proposed expanded tax relief Program. The actual cost for the Program for the last three fiscal years has been $240,698 in FY 05, $291,448 in FY 06, and $406,009 in FY 07. RECOMMENDATIONS: Staff recommends that the Board, after the public hearing, adopt the attached ordinance (Attachment A). ATTACHMENT A - Proposed Ordinance Attachment A Draft: September 11, 2007 ORDINANCE NO. 07-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VII, REAL ESTATE EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VII, Real Estate Exemption for Certain Elderly and Disabled Persons, is hereby amended and reordained as follows: By Amending: Sec. 15-702 Sec. 15-704 Sec. 15-705 Definitions Persons eligible for exemption Amount of exemption CHAPTER 15. TAXATION ARTICLE VII. REAL ESTATE TAX EXEMPTION FOR CERTAIN ELDERLY AND DISABLED PERSONS Sec. 15-702 Definitions. The following definitions shall apply in the interpretation and enforcement of this article: (1) Dwelling. The term "dwelling" means a building occupied as a residence. (2) Income. The term "income" means the total gross income from all sources comprising the amount of money received on a regular basis which is available to meet expenses, regardless of whether a tax return is actually filed, the money is taxable or deductible from the taxpayer's income tax return. (a) Income shall include: (i) retirement payments, including the portion that represents the contribution of the retiree; (ii) nontaxable social security retirement benefits; (iii) disability payments; and (iv) rental income. (b) Income shall not include: (i) life insurance benefits; (ii) receipts from borrowing or other debt; and (iii) social security taxes taken out of the pay of a retiree. (c) The income of a self-employed person received from the business shall be the gross income of the business, less the expenses of the business. (3) Manufactured home. The term "manufactured home" means a structure subject to federal regulation which is transportable in one or more sections; is eight (8) body feet or more in width and forty body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (4) Net combined financial worth. The term "net combined financial worth" means the net present value of all assets, including equitable interests, and liabilities of (i) the owners, (ii) the spouse of any owner, and (iii) the owner's relatives living in the dwelling. The term "net combined financial worth" shall not include: (i) the value of the dwelling and the land, not exceeding !We ren acres, upon which it is situated; (ii) the value of furniture, household appliances and other items typically used in a home; and (iii) the outstanding balance of any mortgage Attachment A Draft: September 11, 2007 on the subject property, except to the extent that the subject property is counted as an asset. (5) Owning title or partial title. The term "owning title or partial title" means owning the usufruct, control or occupation of the real estate, whether the interest therein is in absolute fee or is in an estate less than a fee, such as the holding of a life estate. (6) Permanently and totally disabled person. The term "permanently and totally disabled person" means a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death, or can be expected to last for the duration of such person's life. (7) Real estate. The term "real estate" includes manufactured homes. (8) Relative. The term "relative" means any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece, or nephew of the owner. (9) Taxable year. The term "taxable year" means the calendar year for which the exemption is claimed. (10) Total combined income. The term "total combined income" means the income received from all sources during the preceding calendar year by the owners of the dwelling who use it as their principal residence and by the owners' relatives who live in the dwelling. The following amounts shall be excluded from the calculation of total combined income: (a) The first sixty-five hundred dollars ($6500.00) of income of each relative who is not the spouse of an owner living in the dwelling and who does not qualify for the exemption provided by subdivision 9 c hereof. (b) The first seventy-five hundred dollars ($7500.00) of income for an owner who is permanently disabled. (c) If a person otherwise qualifies for the exemption and if the person can prove by clear and convincing evidence that the person's physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does move in for that purpose, then none of the income of the relative or of the relative's spouse shall be counted towards the income limit, provided that the owner of the dwelling has not transferred assets in excess of five thousand dollars ($5,000.00) without adequate considerations within a three (3) year period prior to or after the relative moves into the dwelling. (2-15-73; 3-20-75; 11-9-77; 8-13-80; Ord. of 12-19-90; Ord. of4-7-93; Code 1988, S 8-23; Ord. 98-A(1), 8-5- 98; Ord. 03-15(2), 11-5-03; Ord. 05-15(4), 12-7-05, effective 1-1-06) State law reference--Va. Code 9~ 36-85.3, 58.1-3210,58.1-3211,58.1-3217. Sec. 15-704 Persons eligible for exemption. Persons who satisfy all of the following requirements are eligible for the exemption established in section 15-703: A. The person claiming the exemption shall have either: is claimed; or 1. Reached the age of sixty- five (65) years prior to the taxable year for which the exemption 2 Attachment A Draft: September 11, 2007 2. Became permanently and totally disabled prior to the taxable year for which the exemption is claimed. B. The person claiming the exemption shall be a person owning title or partial title in the dwelling. 1. The person claiming the exemption shall own title or partial title to the real estate for which the exemption is claimed on January 1 of the taxable year. 2. A dwellingjointly owned by a husband and wife may qualifY if either spouse is sixty-five (65) years of age or older or is permanently and totally disabled. 3. Except as provided in paragraph (B.2), the exemption shall not apply to a dwellingjointly owned by a person who is sixty-five (65) years of age or older or who is permanently and totally disabled (an "exempt person"), and a person who not an exempt person. C. The person claiming the exemption shall occupy the dwelling as that person's sole dwelling. 1. The dwelling shall not be used for commercial purposes. 2. The fact that a person who otherwise qualifies for exemption established by this article resides in a hospital, nursing home, convalescent home or other facility for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which the exemption is sought does not continue to be the sole dwelling of the person during such extended periods of other residence so long as such real estate is not used by or leased to others for consideration. D. A manufactured home is real estate eligible for the exemption established by this article if the person claiming the exemption demonstrates to the satisfaction of the director of finance that the manufactured home is permanently affixed. Either of the following shall be evidence that the manufactured home is pemlanently affixed: 1. The person claiming the exemption owns title or partial title to the manufactured home and the land on which the manufactured home is located, and the manufactured home is connected to permanent water and sewage lines or facilities; or 2. Whether or not the manufactured home is located on land on which the person claiming the exemption owns title or partial title, the manufactured home rests on a permanent foundation and consists of two (2) or more units which are connected in such a manner that they cannot be towed together on a highway, or consists of a unit and other connected rooms or additions which must be removed before the manufactured home can be towed on a highway. E. The total combined income shall not exceed fifty thousand dollars ($50,000.00) sixtv-nine thousand four hundred fiftv-two dollars ($69.452.00) for the calendar year immediately preceding the taxable year. F. The net combined financial worth shall not exceed one lumdred twenty five thousand dollars ($125,000.00) two hundred thousand dollars ($200.000.00) as of December thirty-first of the calendar year immediately preceding the taxable year. (2-15-73; 3-20-75; 11-9-77; 8-13-80; 6-12-85; 5-13-87; Ord of 12-19-90; Ord. of 4-7-93; Ord. 96-8(2),12-11- 96; Code 1988, S 8-26; 9-9-81; Ord. 12-19-90; Code 1988, S 8-26.1; Ord. 98-A(1), 8-5-98; Ord. 00-15(2), 9- 20-00; Ord. 03-15(2), 11-5-03; Ord. 04-15(2), 12-1-04, effective 1-1-05; Ord. 06-15(3), adopted 11-1-06, effective 1-1-07) 3 Attachment A Draft: September 11, 2007 State law reference--Va. Code ~~ 58.1-3210, 58.1-3211, 58.1-3212, 58.1-3214, 58.1-3215. Sec. 15-705 Amount of exemption. The amount of the exemption established by this article from the real estate tax for any taxable year shall be as follows: Percentage of Real Estate Tax Exempted Net Combined Finaneial Worth $0 $&5,000 $&5,001 $105,000 $105,001 $125,000 $0 $20,000 100.0% ~ &M% Total Combined $20,001 $30,000 ~ ~ 6M% $30,001 $40,000 ~ #;{)% 4Q.,G% Ineome $40,001 $50,000 ~ ~ 2M% Oyer $50,000 (W% (W% (W% Net Combined Financial Worth $!LtQj; 1 00.000 Over $100.000 to Over $150.000 to ~150 000 ~200 000 $0 to $30 000 100.0% 90.0% 80.0% IntaJ Over $30.000 to 70.0% 60.0% 50.0% Combined $50.000 Income Over $50.000 to 40.0% 30.0% 20.0% $69 452 (2-15-73; 11-9-77; 8-13-80; Ord. ofI2-19-90; Ord. of4-7-93; Code 1988, ~ 8-27; Ord. 98-A(I), 8-5-98; Ord. 00- 15(2),9-20-00; Ord. 04-15(2),12-1-04; Ord. 06-15(3), adopted 11-1-06, effective 1-1-07) State law reference--Va. Code ~ 58.1-3212. This ordinance shall be effective on and after January 1, 2008. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _ to _, as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Mr. Rooker Mr. Slutzky Ms. Thomas Mr. Wyant 4 V ACo 2007 Annual Meeting V oting Credentials Form V oting Delegate: (Supervisor) Name Kenneth C. Boyd Title Chairman, Board of Supervisors Locality Albemarle County Alternate Delegate: (Supervisor) Name Lindsay G. Dorrier, Jr. Title Supervisor, Board of Supervisors Locality Albemarle County Certified by: (Clerk of the Board) Name Ella w. Jordan Title Clerk, Board of Supervisors Locality Albemarle County -------------------------------------------------------------------------------------------------------------------------- V ACo 2007 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 2006 Annual Meeting of the Virginia Association of Counties on November 13,2007. , a non-elected official of this county. -OR- a supervisor from County. This authorization is: Uninstructed. The proxy may use his/her discretion to cast County's votes on any issue to come before the annual meeting. Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name Title Locality President Teresa L Altemus Gloucester County President-Elect William B. Kyger, Jr. Rockingham County First Vice President Paul F. Ferguson Arlington County Second Vice President Donald L Hart, Jr. Accomack County Secretary- Treasurer Phillip A. Bradshaw Isle of Wight County Immediate Past President Malvem "Rudy" Butler Goochland County Executive Director James D. Campoell, CAE General Counsel Phyllis A. Errico, Esq. 1001 East Broad Street Suite LL 20 Richmond, Virginia 23219-1928 (804) 788-6652 FALX (804) 788-0083 E-mail: mail@vaco.org Web site: www.vaco.org VIRGINIA ASSOCIATION OF COUNTIES CONNECTING COUNTY GOVERNMENTS SINCE 1934 TO: Chairs, County Board of Supervisors County Chief Administrative Officers FROM: James D. Campbell, Executive Director RE: V oting Credentials for the Annual Business Meeting DATE: September 25, 2007 The 2007 Annual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 13, from 10:15 a.m. to Noon at The Homestead in Bath County. Article VI of the V ACo ByLaws states that each county shall designate a representative of its board of supervisors to cast its vote(s) at the Annual Business Meeting. However, if a member of the board of supervisors cannot be present for this meeting, the Association's ByLaws allow a county to designate a non-elected official from your county or a member of a board of supervisors from another county to cast a proxy vote(s) for your county. For your county to be certified to vote at the Annual Business Meeting, (1) your annual dues must be paid in full and (2) either a completed Voting Credentials Form or a Proxy Statement must be submitted to V ACo by November 1,2007. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 12, at 4:30 p.m. in the Monroe Room or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:45 p.m. in the Wilson Room on Monday, November 12th during V ACo's Annual Conference at the Homestead. The committee is charged to nominate a candidate for President-Elect, First Vice President, Second Vice President, and Secretary- Treasurer to be elected at the Annual Business Meeting. Please send your expressions of interest and nominations to the Committee or to V ACo's Executive Director. REGIONAL DIRECTORS Pursuant to V ACo's By-Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will represent." Regional caucuses will be scheduled during the Annual Meeting to select directors. Incumbent regional directors should chair the caucuses. Reports should be given to V ACo's Executive Director by 6:00 p.m. on Monday, November 12th. The attached list shows the regional directors that must be selected. Attachments cc: V ACo Board of Directors Nominations Committee RECEIVED SEP 2 6 2007 County of Albemarle County Executive's Officf. September 27,2007 County of Albemarle Board of Supervisors 40 I McIntire Road Charlottesville, VA 22902 RE: Awards Luncheon and Workshop: Being a Commuter Friendly Employer Dear Albemarle County Board of Supervisors, RideShare, along with the Thomas Jefferson Planning District Commission and the Piedmont Workforce Network, is pleased to host our first awards luncheon and workshop at the Quirii Hotel on Tuesday, October 16th. Hopefully you have received an announcement regarding this event. As part of the awards portion of this luncheon, we would like to present you with the Commuter Benefits Supporter Award to recognize your commitment to a commuter-friendly Albemarle County. Your efforts help to make this a better community for us all. I hope several members of the Board will be available to attend and accept this award. It is our hope that other localities will be inspired by your example, and that through our workshop employers will see the County's commitment to cleaner commuting and learn ways to implement commuter benefits at their prospective organizations. A RideShare representative will contact you in the next few days to check your availability and process your registration. If you have any questions in the meantime, please give me a call at 434- 295-6165. Thanks again for incorporating commuter benefits in your workplace. I look forward to seeing you at the luncheon. Best Regards, Rhonda Edmunds RideShare Program Manager PO Box 1505 . Charlottesville. VA 22902 .434.295.6165 .888.974.5500. www.rideshareinfo.orq Martin Marietta Materials 'r)/ 'Jf 10(3/07 ~ P.O. Box 30013 Raleigh, North Carolina 27622-0013 Telephone (919) 783-4534 Facsimile (919) 510-4739 E-Mail: paxton.badham@martinmarietta.com R. Paxton Badham VP Land and Environmental September 27,2007 Mr. Ken Boyd, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902 RE: Proposed Ordinance Amendment, Ordinance No. 07-18 () Amendments to Sections 4.2.3; 4.2.6; 4.6.6 Dear Mr. Boyd: Martin Marietta Aggregates is the owner of tax parcels 88-18 and 88-18A, located at the Red Hill Quarry off of Route 708. Both ofthese parcels are located in the Natural Resources (NR) Overlay District. We also own parcels 88-11; 88-13; and 88-l3B, which are in the RA zoning district. This letter deals with the two parcels in the NR Overlay District. We have reviewed the proposed Zoning Text Amendment (ZTA), as well as Section 30.4.02.1, which is part of the NR Overlay Regulations. As the restrictions imposed by the proposed ZT A would inhibit our quarry operations, I am requesting that you make an addition to the ZT A that would completely exempt any properties located within the NR Overlay District. We are sufficiently governed by the Virginia Department of Environmental Quality, as well as the Virginia Department of Mines, Minerals and Energy. The safeguards proposed in this ZTA are adequately covered by our permits with these agencies, and regular inspections are performed by these agencies to assure compliance. I will be present at the meeting on October 10th to discuss our request, if necessary. Thank you in advance for your consideration. Sincerely, (L ~fi~ ~~ / R. Paxton Badham, Jr~~. I cc: Mr. Wayne Cilimberg, Director of Planning and Community Development Mark Norden Mr. Richard Cogan RPB/ml