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HomeMy WebLinkAbout1994-05-04 FIN A L 9:00 A.M. May 4, 1994 Room 7, County Office Building 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) Consent Agenda (on next sheet) 6) Certificates of Appreciation. 7) Approval of Minutes: June 17, 1992; May 24(A) and December 1, 1993; March 2 and April 6, 1994. 8) Transportation Matters: a) Authorize Chairman to sign agreements for completion of Route 29 N service road. b) Other Transportation Matters. 9) Adopt Resolution designating piedmont Council of the Arts as the official arts organization for Albemarle County. 1P) ZMA-93-20. Albert DeRose (deferred from April 20, 1994). 1~) 10:00 a.m. - Public Hearing on an ordinance to amend and reordain Chapter 2, Administration, Article IX, Industrial Development Authority, Sections 2-47 through 2-53, of the Code of Albemarle. The amended language requires Board of Supervisors' approval for any project that federal law requires Board action on; removes the requirement to amend the number of outstanding issuances each time a request is received; eliminates the need for the Board to approve financing where the federal law does not require Board action such as Revolv- ing Loan Fund financing; authorizes the IDA to approve financing in other jurisdictions only with Board approval; and provides several amendments to update the County Code to comply with federal law. 1~) 10:15 a.m. - Public Hearing on an ordinance to amend and reordain Chapter 13, Offenses-Miscellaneous, Section 13-18, entitled "Shooting in, or along or near roads or streets," of the Code of Albemarle to reflect the following language set out in the Code of Virginia, to be effective July I, 1994: "No person shall discharge any firearm, crossbow or bow and arrow in or across any road or within the right- of-way thereof, or in a street of any town, whether the town is incorporated or not. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. 1~) Discussion: Emergency Operations Center Renovation/Construction. 1) Discussion: Site Selection Committee for potential new high school. 1p) Authorize Chairman to sign Bosely property purchase contract. 1) Appropriations: a) Section 8 Housing Program Fund - $914,900. (Form #930069) b) Democratic Primary Election - $14,570. (Form #930072) 1 Other Matters not Listed on the Agenda from the BOARD. 1 Adjourn to May 9, 1994, 5:30 p.m., for Joint Meeting with School Board. CON S E N T AGENDA lOR APPROVAL: , .1 .".uthori!Zle Ch.J.irman to oign BerkFR.J.r Dri ye North EJttenoion Reyenue 8h.J.ring ~greement ,:ith the Virgini.J. Department of Tranoportation. (Defer to June 1, 1994.) '.2 Resolution in support of Thomas Jefferson Housing Improvement Corpora- tion's Grant Application to Farmers Home Administration for Housing Funds. ~.3 Authorize Chairman to execute Appalachian Power Company Agreement for the purchase of electricity. C.3a Designation of County's Agent for Federal Emergency Management Agency Disaster Reimbursement. FOR ~ .4 5.9 INFORMATION: Letter dated April 27, 1994, from F. E. James, Jr., Acting Maintenance Operations Manager, Department of Transportation, to Ella W. Carey, Clerk, re: notice that VDoT intends to replace the existing structure over Yellow Mountain Creek (Route 691) during the period of May 2, 1994 through May 13, 1994. 5.5 Executive Summary on revised cost estimates for Meadow Creek Parkway project (McIntire Road to Rio Road) and implications to the proposed Six Year Secondary Road Plan. 5.6 Letter dated April 20, 1994, from D. S. Roosevelt, Resident Engineer, Department of Transportation, to Ella W. Carey, Clerk, re: mowing median strips along entrance corridors. 5.7 Letter dated April 21, 1994, from E. C. Cochran, Jr., P.E. State Location and Design Engineer, re: notification that the Commonwealth Transporta- tion Board approved the location and major design features for Route 682 (proj: 0682-002-P33, C-501, Albemarle County, Fr: Route 250, To: 1.784 Miles South Route 787) 5.8 Letter dated April 22, 1994, from H. Graham Driver, Manager, Multi-"Family Program, Department of Housing and Community Development, re: Rio Hill Associates, L. P., Qualification for "Affordable Housing" Status. Arbor Crest Apartments (Hydraulic Road Apartments) Bond Program Report and Monthly Report for the month of March, 1994. 5.10 March, 1994 Financial Management Report. 5.11 Copy of minutes of the Board of Directors of the Albemarle County Service Authority for March 17, 1994. 5.12 Copy of letter dated April 7, 1994, from Karen L. Mayne, Acting Supervi- sor, Virginia Field Office, Fish and Wildlife Service, to Richard N. Burton, Director, Department of Environmental Quality, re: comments on proposal to amend VR 680-21-01.3.C.3, Exceptional Waters. 5 13 Letter dated April 21, 1994, from The Honorable Thomas L. Bliley, J"r., Member of Congress, House of Representatives, re: HR 1181, a bill to increase the authorization for federal payments in lieu of taxes (PILT) to counties. 5 14 Memorandum dated April 25, 1994, from J. Brad Berry, Vice-Chairman, Board of Supervisors, Greene County, re: Impact Fee Resolution. 5 15 Memorandum dated April 27, 1994, from Robert W. Tucker, Jr., County Executive, re: 1993 recycling rate for Albemarle/Charlottesville. 5 16 Memorandum dated April 21, 1994, from Robert W. Paskel, Division Superin- tendent, re: approved School Division budget for FY 1994-95. 5 17 Memorandum dated April 26, 1994, from Jo Higgins, Director of Engineer- ing, to Robert W. Tucker, Jr., County Executive, re: Traffic signal at Rio Road/Hillsdale Drive. 5 18 Letter dated April 29, 1994, from D. S. Roosevelt, to Ella W. Carey, Clerk, providing the monthly update on highway improvement projects currently under construction. .. . ; MAY 11, 1994 AMENDED AS TO ITEMS 8A AND 8B David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin Rivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsvitle Sally H. Thomas Samuel Miller FROM: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning & Community Development , . Ella W. Carey, Clerk, CMC eL0(,/ May 5, 1994 MEMO TO: DATE: SUBJECT: Board Actions from Meeting of May 4, 1994 Following is a list of the Board's actions from its meeting of May 4, 1994: Agenda Item No.1. The meeting was called to order at 9:00 A.M. by the Chairman, Mr. Perkins. Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBLIC. There were no other matters. Agenda Item 5.1. Authorize Chairman to sign Berkmar Drive North Extension Revenue Sharing Agreement with the Virginia Department of Transportation will be added to the agenda of June 1, 1994, for approval. Agenda Item 5.2. Resolution in support of Thomas Jefferson Housing Improve- ment Corporation's Grant Application to Farmers Home Administration for Housing Funds. ADOPTED the attached resolution. Agenda Item 5.3. Authorize Chairman to execute Appalachian Power Company Agreement for the purchase of electricity. AUTHORIZED the Chairman to sign the attached agreement. Item s.3a. Designation of County's Agent for Federal Emergency Management Agency Disaster Reimbursement. ADOPTED the attached resolution. Agenda Item No. Sa. Transportation Matters: Authorize Chairman to sign agreements for completion of Route 29 N service road. ADOPTED the attached resolution authorizing the chairman to sign the Construction Agreement between Virginia Department of Transportation and the County of Albemarle, the Construction Agreement between the County of Albemarle and B. Dan * Printed on recycled paper , .. To: Robert W. Tucker, Jr. v. Wayne Cilimberg May 5, 1994 Date: Page 2 Dick.rson, and, the Construction Agreement between the County of Albemarle and A. T. Williams, for completion of Route 29 North service road to be built as a part of State project numbered 6029-002-F19, Cs02, upon receipt of signed agreements and surety from Dan's Automart and A. T. Williams Oil Company and final review of the docu$ents by the County Attorney. Agenda Item No. 8b. Other Transportation Matters. Mrs. Humphris said she was confused about the dollar figures in Mr. Tucker's staff report on the Proposed Six-Year Secondary Road Plan re: the Meadow Creek Parkway. Mr. Roosevelt explained that at the Location Public Hearing held on April 26, 1994, information distributed showed the costs as follows: Corridor "A" of 1.9 mile$, $12.3 million; Corridor "Rev. A" of 1. 9 miles, $12.4 million; Corridor "B" of 2.0 $iles, $18.3 million; and Corridor "D" of 2.2 miles, $20.9 million. These are the ~osts for the total project, the parts in both the City and the County. Mr. Roos~velt said the City's cost shows in their Six-Year Plan at $9.96 million. Addimg in the County's share of $10.3 million, which is the lowest of the four esti~ates for the County's portion of the project, brings the total costs back to within a couple hundred thousand dollars of the $20.9 million figure. Mr. Roosevelt said he will forward to the Board members the estimated costs for the City and County for each of the four alternatives. Mrs. Humphris again mentioned to the Board the situation on Georgetown Road where the slip ramp enters from Hydraulic Road. She said there is a new by-right subdivision occurring at that point, and she is concerned that there will be an inci4ent in this location. She asked if it is possible to do away with the slip ramp 'and change this to a "T" intersection. Mr. Roosevelt said if the Board puts a specific item into the first year of the wroposed Six-Year Road Plan, he could proceed with the change in the next budget year. A recent change in State legislation dropped the necessity for a public hearing on the budget for the first year in the Six-Year Plan. The Plan, as adopted, becomes the budget. Mr. Bowerman asked what is planned in the way of a realignment of Carrsbrook Drive at Route 29 during the Route 29 North project. Although something needs to be done~ he would see a problem with the alignment and curvature should the road ever beco~e a collector road for people trying to avoid Route 29. He asked if the comm~nt period is over for Carrsbrook Drive. Mr. Roosevelt said "yes", it ended in 1986 after the Location and Design Public Hearing. When a cross-over is built on Route 29, it is assumed that people will use Carrsbrook Drive, probably some from Rio Road trying to avoid Route 29. Mrs. Thomas asked when a spot improvement planned for Route 760 in North Gardan will occur? Mr. Roosevelt said he is not sure his staff has contacted the persqn who had indicated that he would give right-of-way for this project. Agenda Item No.9. Adopt Resolution designating Piedmont Council of the Arts as the official arts organization for Albemarle County. ADOPTED the attached resolution. , . To: Robert W. Tucker, Jr. V. Wayne Cilimberg May 5, 1994 Date Page 3 Agenda Item No. 10. ZMA-93-20. Albert DeRose. DENIED. Agenda Item No. 11. Public Hearing on an ordinance to amend and reordain Chap er 2, Administration, Article IX, Industrial Development Authority, Sections 2- 47 trough 2-53, of the Code of Albemarle. The amended language requires Board of Supe visors' approval for any project that federal law requires Board action on; remo es the requirement to amend the number of outstanding issuances each time a requ~st is received; eliminates the need for the Board to approve financing where the ederal law does not require Board action such as Revolving Loan Fund financing; authbrizes the IDA to approve financing in other jurisdictions only with Board apprcbval; and provides several amendments to update the County Code to comply with fede al law. ADOPTED the ordinance as advertised. Copy attached. Agenda Item No. 12. Public Hearing on an ordinance to amend and reordain Chap er 13, Offenses-Miscellaneous, Section 13-18, entitled "Shooting in, or along or n. ar roads or streets," of the Code of Albemarle to reflect the following lang age set out in the Code of Virginia, to be effective July 1, 1994: "No person shal discharge any firearm, crossbow or bow and arrow in or across any road or with n the right-of-way thereof, or in a street of any town, whether the town is inco porated or not. Any person violating the provisions of this section shall be guil y of a Class 4 misdemeanor. ADOPTED the ordinance as advertised. A copy is attached. Mrs. Humphris asked staff to consider what might be done to prohibit shooting in r ral subdivisions, land that is zoned RA. She often gets calls from constitu- ents expressing concern about this practice. She feels the Board should be proa tive on the issue. Mr. Tucker said it is possible to prohibit the use of rifl. s all together. Agenda Item No. 13. Discussion: Emergency Operations Center Renova- tion Construction. size obta staf REQUESTED staff to develop some figures on the need for a facility of this along with figures to show what would be the least cost for the best services nable. There was no vote, and the report will be returned to the agenda at 's discretion. Agenda Item No. 14. Discussion: Site Selection Committee for potential new high school. Discussion was held. No decision was made, and there was no vote. The Board membErs present did not remember giving final approval for the building of a new high school facility. Since this Board and the School Board are to meet on next Mond,y, it was suggested that this item be discussed again at that time. Agenda Item No. 15. Authorize Chairman to sign Bosely property purchase cont act. AUTHORIZED the Chairman to sign the contract. Pat Mullaney has already takeI the contract. . To: Date Page 4 . Robert W. Tucker, Jr. V. Wayne Cilimberg May 5, 1994 Agenda Item No. 16a. Appropriation: Section 8 Housing Program Fund - $914 900, (Form #930069). APPROVED. Appropriation form forwarded to Melvin Bree en. Agenda Item No. 16b. (Fori" #930072). APPROVED. Appropriation: Democratic Primary Election - $14,570, Appropriation form forwarded to Melvin Breeden. Agenda Item No. 17. other Matters not Listed on the Agenda from the BOARD. Mr. Bowerman mentioned an incident on Route 29 North yesterday and the number of energency vehicles that responded to that one call. He asked who makes the deci ion as to who answers an alarm. Mr. Tucker said the dispatcher has certain rule of procedure to follow based on the type of call received, and the dispatcher ofte~ has to use a lot of discretion depending on the caller. Mr. Bowerman said he has aome concern because each time there is a traffic accident, there seems to be a fire truck there also. Mr. Tucker said he has the same concern, but each of the resppnders will say they err on the side of sending the equipment. It does seem to be "pver kill" in many instances. How the County gains any control over the situ tion where there are separate independent fire companies who feel a certain protpcol should be followed, he does not know. Mr. Bowerman asked if a central dispatch would help this situation. Mr. Tuck~r said it may help in some instances. It is a long arduous process. County staf has been talking with JCFRA to talk about the different protocols and how they can pe meshed together. Mrs. Thomas asked if it would be appropriate for this Board to m ke any comments officially since there is the use of taxpayers funds involved. Mr. rucker said the Board will have the opportunity to do so in the next few months when a report on Long-Range Planning of Emergency Responders is presented. The Boar will have to address the changing needs of emergency response (fire and resc e) in the County. The County has no direct control over the volunteers who rend~r valuable services to the community at almost no cost. If the County had to prov de these services, the costs would be astronomical. Mrs. Humphris asked when the Board will get an update from the Fiscal Impact Comm ttee. Mr. Tucker said staff is about to move forward with a contract with Tisc ler. He has been discussing the contract with staff, so that part is almost fina ized. There will be training with Tischler on equipment for running fiscal impa t models. This has been held up because of work on next year's budget. Mrs. Humphris said the Board had asked that early in the Comprehensive Plan revi~w process, that staff provide speakers on the ideas of Duony and Claytor Ziebl~rg. A memo was forwarded from staff indicating that there are two highly qual fied people at the University who could do that. This idea has become so popu ar around the county, that Southern Living magazine now has an urbanism divi ion. She wonders why the Board never had the speakers. Mr. Tucker said this was to occur at the first meeting on the Visions Forum and I id not. At first, this was to involve only the County, not the City/County/OVa forur. It seems that this work will be delayed until fall, after vacation times. Mrs. Humphris said she feels this whole idea would be a good brush-up to get ever body thinking about new and vital input; things which have not been said at visilns forum and things which are occurring all across the country. Two weeks ago she end Mr. Cilimberg took a trip to Richmond to see the things which are happening therl . . . To: Robert W. Tucker, Jr. V. Wayne Cilimberg May 5, 1994 Date Page 5 Mrs. Humphris said after watching the recent disastrous fire in Colthurst, she was ery impressed by the professionalism of the volunteer fire companies that respcnded. She was also impressed by the number of women who are members of the fire companies. Everything they did was efficient and disciplined and showed true dedication to the work. This was her first look at a major fire and how the volu teers handle it. She will certainly write to tell them how impressed she was. Mrs. Humphris said she recently had to call 911 for an incident at her home. The esponse was immediate and the problem was investigated immediately. She cont nues to be impressed by the county Police Department. She feels a lot more comfcrtable knowing how well they do their jobs. Mrs. Thomas said she has also been impressed with the response from the 911 Centlr. She has a family situation which is a medical emergency from time to time, and hey have been able to identify that the person they were talking to in the home was I lderly, and they have helped to track down Mrs. Thomas in other locations to advi e her of the situation. Mrs. Thomas mentioned that the Regional Economic Development Partnership is tryi g to move along. She and Mr. Tucker attended a breakfast where the person who dire ts the regional economic partnership in Roanoke spoke. The Planning District Comm ssion will discuss the idea again tomorrow evening to see if the local gove nments feel any more enthusiasm about participating after hearing this person spea. other regions around the state are taking the regional approach, and there is a possibility of private monies coming into this. She did not know if the Board memb~rs had any thoughts. She assumed that the Board has felt in the past that this is sc~mething the private sector should be going ahead with and public participation is i volved in terms of zoning and utilities and other things this Board has done to prov de areas which are appropriate for industrial development, but this is not some hing the Board has thought taxpayers money in Albemarle County should go dire tly for economic development, whether it is regional or local. That is what they will say to the Planning District Commission unless some Board member adds othe thoughts. This will be discussed in the Comprehensive Plan; the Planning Dist ict Commission's last meeting dealt with the issue of economic development and how hey will fit it into the Comprehensive Plan. They do have a subcommittee work ng on this item. Mrs. Thomas said she will be in California soon and will meet briefly with the comp ny that is coming to town, Micro-Air. They are training people now, flying them to California for training. Mrs. Thomas said she thinks there should be a section on education in the Coun y's Comprehensive Plan. She feels the Board might suggest this to the School Boarc at the next joint meeting. The School Board definitely has a number of long- rangl plans in effect. Mr. Bowerman concurred. Mr. Tucker said there are a lot of repo ts which they have done which could be pulled together in one document and incl ded with the Comprehensive Plan. Mrs. Thomas said she found the last joint meeting with the School Board to be fair y frustrating because there were no decisions made. She asked if it is apprcpriate at one of these meetings to reach decisions. Mr. Tucker said that most of t e time these meetings are held to share ideas. If there is an item that reou. res action, there will be a staff report furnished, and the staff will request . To: Date' Page 6 acti sugg that on w had she pref befo are befo Supe is m bodi Plan befo thre . Robert W. Tucker, Jr. V. Wayne Cilimberg May 5, 1994 n of the two boards. Mrs. Thomas said when an individual Board member makes a stion, the School Board and the staff have to make a judgement as to whether is a consensus of the whole, or a maverick comment. Mr. Bowerman said anything ich a vote is not taken, he would consider no decision had been made. Mr. Perkins said at the last meeting, there was time crunch, so the meeting o be drawn to a close without completing the conversation. Mrs. Humphris said as always found these meetings to be frustrating and a bit awkward. She would r to take in information, then come back to this group and discuss the idea e making a decision. Mr. Tucker said a lot of the time he feels the two bodies ot doing what they are supposed to do. He senses often that the School Board, e it takes action, wants to get a consensus of the Board on an issue. Mrs. Humphris said you have to listen carefully to see how the Board of visors is leaning. Mrs. Thomas said this current process of meeting each month ch better than it was when she was a member of the School Board and the two s only met once a year. Mr. Perkins said he recently saw a schedule for adoption of the Comprehensive It suggested adoption would be in 1996. He would like to see it adopted e general elections in 1995 since there is always the possibility of having new Board members after that time. Agenda Item No. 18. ADJOURNED to May 9, 1994, 5:30 p.m., for Joint Meeting with School Board. EWC: en Atta hments (9) cc: Richard Huff, II Roxanne White Bruce Woodzell Jo Higgins Amelia McCulley Larry Davis File . RESOLUTION OF SUPPORT for THOMAS JEFFERSON HOUSING IMPROVEMENT CORPORATION SELF-HELP HOUSING PROJECTS , WHEREAS, there exists an ongoing need to create housing opportunities to benefit ery-Iow and low-income residents in this region; and WHEREAS, the Farmer's Home Administration has funding availability, has approved the re-application and is ready to receive proposals under the SELF-HELP TECHNICAL SSIST ANCE GRANT and other grants to develop, administer and coordinate assistance, both echnical and supervisory, for families to carry out self-help housing efforts in rural areas, who therwise would not qualify as homeowners; and WHEREAS, Thomas Jefferson Housing Improvement Corporation (TJHIC) has abroad ase of representation, has established working relationships with the local housing organizations i the five counties of Nelson, Greene, Albemarle, Fluvanna and Louisa, has an experienced staff d advisors and an almost ten-year history of community-based housing improvement efforts for ddressing the needs oflow-income persons in the region; NOW, THEREFORE, BE IT RESOLVED that The Board of Supervisors of Albemarle ounty hereby supports the efforts of TJHIC to provide opportunities for affordable housing in bemarle County and the region by submitting a grant application to Farmer's Home dministration and by providing technical assistance to self-help housing groups. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a r solution adopted by the Board of County Supervisors of Albemarle County, Virginia, at a r gular meeting held on May 4, 1994. ./ C (( lei ca, IL'2J Ella W. Carey Clerk, Board of County Supervisors VIRGINIA PUBLIC AUTHORITIES AGREEMENT FOR THE PURCHASE OF ELECTRICITY FROM APPALACHIAN POWER COMPANY THIS AGREEMENT entered into this , 19 , by and between APPALACHIAN POWER hereinafter called "Company," and Albemarle County Supervisors, hereinafter called "Custom~r." day of COMPANY, Board of : WIT N E SSE T H : For and in consideration of the mutual convenants and agreements hereinafter contained, the parties hereto agree with each other as follows: FIRST: SECOND: THIRD: FOURTH: The Company agrees to furnish to the Customer, and the Customer agrees to take from the Company, subject to the terms and conditions of this Agreement, all the electric energy of the character specified herein that shall be purchased by the Customer on the premises at installations shown on "Exhibit A" attached hereto and made a part of this Agreement. The initial term of this Agreement shall be for a period of thirty-six (36). months beginning July 1, 1993. Unless terminated as hereinafter provided, this Agreement shall continue in effect thereafter for successive periods of one year at rates to be mutually agreed upon by the Company and the Customer. Either party shall give the other not less than 90 days' notice in writing of its election to terminate this Agreement at the expiration of any period. The electric energy delivered hereunder shall be alternating current and it shall be delivered at the voltage and other electrical characteristics as set forth on "Exhibit A," which shall constitute the points of delivery under this Agreement. The said electric energy shall be delivered at reasonably close maintenance to constant potential and frequency, and it shall be measured by a meter or meters owned and installed by the Company and located as set forth on "Exhibit A." Normally, the Company will provide one service from its distribution system and all of the electricity supplied to an installation will be measured by one meter, but Company may, at its option, provide as many services and meters as it may deem practicable. When such multiple services and meters are so used, separate bills will be rendered for each metered . I FIFTH: installation. The electricity will be delivered to such point as may be designated by the Company on the premises occupied by the Customer and shall be used only by the CUstomer and upon the premises occupied by the Customer. For the purpose of this Agreement, an "installation" means a delivery point, building, part of a .. building, or group- of - buildings-- located in such close proximity to each other as to constitute one operating unit occupied by the Customer. Those installations to be served by the Company as of the effective date of this Agreement are set forth on attached "Exhibit A." The Company will supply the electricity required by the Customer at such additional installations beyond those being served by the Company as of the effective date of this Agreement as may, from time to time, be requested in writing by an authorized representative of the CUstomer. All services furnished to such additional installations shall be governed by the terms of.. this Agreement as if such additional installations were being served as of the effective date of this Agreement. Service will be supplied at a single voltage considered by the Company to be standard for the area in which elec- tricity is requested and will be available for general service to municipal corporations and state governmental entities and their agencies, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in SS56-232 and 234 of the Code of Virginia and in pertinent deci- sions of the Supreme Court of Virginia. Extension of Service - Overhead The Company will, for single phase service up to and including 25-KW estimated demand, extend service not more than l50-feet from existing secondary facili- ties of 300-volts or less where capacity is presently available, at no charge to the Customer. For service delivered under this Agreement up to and including demands of 500-KVA requiring new facilities, the Company will: (a) where the estimated revenue for two years exceeds the cost of installation of new local facilities required, provide such service at no cost to the Customer (b) where the estimated less than the cost revenue for two years of installation of is new -2- . . SIXTH: facilities required, provide such service on the condition that the CUstomer pays the difference between the installed cost of the new facilities required to serve the load and the estimated revenue for two years. For service to be rendered for demand levels higher than those specified above, the annual cost to serve the . CUstomer' s- requirements--sha:-ll- be-- compared with the estimated revenue for one year to determine if a contribution in Aid-of-Construction, and/or a special minimum or other arrangement, may be necessary. The annual cost to serve shall be the sum of the following components: 1. The annual fixed costs of the generation, transmission and distribution facilities related to the Customer's requirements. These fixed costs will be calculated at 28.17% of the value of the facilities, the value to be based on the previous year-end embedded investment depre- ciated in all similar facilities of the Company. . . 2. The annual energy costs based on the latest available production costs related to the Customer's requirements. 3. The annual fixed costs of new local facilities necessary to provide the service requested, calculated at 28.17% of the installed cost of such facilities. If estimated revenue for one year is less than the cost to serve as described herein, the Company will require the CUstomer to pay a Contribution in Aid- of-Construction equal to the difference between the annual cost to serve as calculated and the estimated revenue for one year divided by .2817, but in no case to exceed the installed cost of the new local facilities necessary to provide the required service. If, however, the annual cost to serve, excluding the cost of local facilities paid for by the Customer, exceeds the estimated revenue for one year, the Company may require in addition to a Contribution in Aid-of-Construction, a special minimum charge or other arrangement to compensate the Company for such deficiency in revenue. Extension of Service - Underqround Underground service and facilities will be provided by the Company upon payment to the Company of an amount equal to the sum of (1) the difference between the estimated cost of the underground -3- . . facilities and the estimated cost of overhead facilities that otherwise would have been required, and (2) the amount as determined by the FIFTH Section above using the cost of equivalent overhead facilities. Should the estimated cost of underground facilities be less than the estimated cost of overhead facilities that would otherwise be required, then the terms of this Agreement relating to overhead extension'of'service-will'apply. SEVENTH: Extension of Service - Temoorarv The Company will supply' electricity, within areas normally served by the Company, to loads of a temporary nature upon payment by the Customer of a temporary service charge equal to the nonrecoverable estimated cost of temporary facilities required to serve the Customer plus the cost of removing the facilities. EIGHTH: NINTH: (1) The rates at which the Company shall furnish the electrici ty herein provided shall be set forth in "Exhibit B" entitl~d "Public Authority Tariff NO.6, Schedule P.A.," attached hereto and made a part hereof. (2) Outdoor lighting service will be furnished in accordance with Schedule o. L. as contained in the then current tariff on file with the State Corporation Commission of Virginia. A copy of present Schedule O. L. is attached as " Exhibit C." (1) pavment Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not received by the Company by the next. bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. (2) Insoection It is in the interest of the Customer to properly install and maintain his wiring and electrical equipment, and he shall at all times be responsible for the character and condition thereof. The Company makes no inspection thereof and in no event shall be responsible therefor. -4- The Cqmpany may require the delivery by the CUstomer to the Company of an agreement duly signed by the Customer authorizing the connection to the wiring system of the Customer and assuming responsibi'lity therefor. No responsibility shall attach to the Company because of any waiver of this requirement. (3) Service Connections The Company will, when requested to furnish service, designate the location of the service connection. The Customer's wiring must, for an overhead secondary service, be brought outside the building wall nearest the Company's service wires so as to be readily accessible thereto. In this case, the Customer's wiring must extend at least 18 inches beyond the building. In all other cases, the Company and the Customer will mutually designate a point of delivery best suited to the Customer's and Company's facilities. When a Customer desires that energy be delivered at a point or in a manner other than that designated by the Company, the Customer shall pay the additional cost of same. (4) Relocation of Company's Facilities at Customer's Reauest Whenever at CUstomer's request, Company's facil- ities located on Customer's premises are relocated to suit the convenience of Customer, the Customer shall reimburse the Company for the entire cost incurred in making such change. (5) Company's Liability The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but does not guarantee uninterrupted serVl.ce. The Company shall not be liable for damages for injury to person or property in case such supply should be interrupted or fail by reason of an act of God, the public enemy, accidents, labor disputes, orders or acts of civil or military authority, breakdowns or injury to the machinery, transmission lines, distribution lines, or other facilities of the Company, extraordinary repairs, or any other occurrence beyond the Company's control, or any -5- act of the Company to interrupt service to any customer whenever in the judgment of the Company such interruption is necessary to prevent or limit any instability or disturbance on the electric system of the Company or any electric system interconnected with the Company. Unless otherwise provided in a contract between Company-'and CUstomer,- the point- at which service is delivered by Company to Customer, to be known as "delivery point," shall be the point at which the Customer's facilities are connected to the Company's facilities. The Company shall not be liable for any loss, injury, or damage resulting from the Customer's use of his equipment or his use of the energy furnished by the Company beyond the delivery point. The Customer shall provide and maintain suitable protective devices on his equipment to prevent any loss, injury or damage that might result from single phasing conditions or any other fluctuation or irregularity in the supply of energy. The Company shall not be liable for any loss, injury or damage resulting from a single phase condition or any other fluctuation or irregularity in the supply of energy which could have been prevented by the use of such protec- tive devices. The Company will provide and maintain the necessary line or service connections, trans- formers, meters and other apparatus which may be required for the proper measurement of and pro- tection of its service. All such apparatus shall be and remain the property of the Company. (6) Customer's Liabilitv In the event of loss or injury to the property of the Company through misuse by, or the negli- gence of, the Customer, or the employees of the same, the cost of the necessary repairs or replacement thereof shall be paid to the Company by the Customer. The Customer will be responsible for tampering with, interfering with, or breaking of seals of meters, or other equipment of the Company installed on the Customer's premises. The Customer hereby agrees that no one except the employees of the Company shall be allowed to make any internal or external adjustments of any meter or any other piece of apparatus which -6- shall be the property of the Company. The Company shall have the right at all reason- able hours to enter the premises of the CUstomer for the purpose of installing, reading, remov- ing, testing, replacing Or otherwise disposing of its apparatus and property, and the right of · entire removal of the Company's property in the event - of the-- termination--of' this-Agreement for any cause. (7) Location and Maintenance of Company's Eauipment The Company shall have the right to construct its poles, lines and circuits on the property and to place its transformers and other apparatus on the property or within the build- ings of the Customer, at a point or points convenient for such purpose, as required to serve such Customer, and the Customer shall provide sui table space for the installation of necessary measuring instruments so that the latter may be protected from injury by the elements or through the inadvertent acts of the CUstomer or of any employee of the same. (8) Use of Enerqy by Customer The service connections, transformers, meters and appliances supplied by the Company for each Customer have a definite capacity and no addi- tions to the equipment, or load connected thereto, will be allowed except by consent of the Company. The Customer shall install only motors, apparatus or appliances which are suitable for operation with the character of the service supplied by the Company, which shall not be detrimental to same, and the electric power must not be used in such a manner as to cause unpro- vided for voltage fluctuations or disturbances in the Company's transmission or distribution system. The Company shall be the sole judge as to the suitability of apparatus or appliances, and also as to whether the operation of such apparatus or appliances is or will be detri- mental to its general service. No attachment of any kind whatsoever may be made to the Company's lines, poles, crossarms, struc- tures or other facili ties without the express written consent of the Company. -7- TENTH: All apparatus used by the CUstomer shall be of such type as to secure the highest practicable commercial efficiency, power factor and the proper balancing of phases. Motors which are frequently started or motors arranged for automatic control must b'e of a type to gi ve maximum starting torque with minimum current flow, and must be of a type and equipped with controlling devic'es approved' by the Company. The CUstomer agrees to give reasonable notifi- cation to the Company of proposed increases or decreases in his connected load to prevent operating problems with the Company's facilities. The Company will not supply service to Customers who have other sources of electric energy supply except with the special consent of the Company. The Customer shall not be permitted to operate his own generating equipment in parallel with the Company's service except with the written permission of the Company. Resale of energy will not be permitted. This Agreement conditions: is made upon the following (1) That in no event shall any officer or agent of the Customer executing or authorizing the execu- tion of this Agreement be held personally liable on account of such authorization or execution. (2) This Agreement shall be binding upon the Company only when accepted by it and approved by its proper official, and shall not be modified by any promise, agreement, or representation of any agent or employee of the Company unless incor- porated in writing in this Agreement before such acceptance. (3) The obligations of the Company and the Customer for service under this Agreement are subject to appropriations by Customers' governing body to pay for such service. (4) The following sheets, as amended or revised from time to time, are attached hereto and made a part hereof: Exhibit A - Present Listing of Accounts Exhibit B - Schedule P.A. -8- ELEVENTH: TWELFTH: Exhibit C - Present Schedule O.L. There are no unwritten understandings or agree- ments relating to the service hereinabove provided. This Agreement cancels and supersedes all pre- .viousagree1llentsrelatingto-the-purchase by the CUstomer and sale by the Company of electric energy at the CUstomer's premises as referred to above. CUSTOMER:Vi~ ~~ TITLE: DATE: APPALACHIAN. POWER COMPANY BY: BY: TITLE: Division Manaqer DATE: -9- oJ-' COUNTY BOARD OF SUPERVISORS AJ H 11\ NUMBER SERVICE: lOCATION -------------------- ------------------------------ 2-811-14-77147-0-1 Oommunications Tower Fan IVbuntain Road, Covesville 2-811-14~86530-0-7 Walnut Creek Park - Info North Garden 2-811-14~86540-0-5 Walnut Creek Park - Concession North Garden 2-811-15 97531-0-0 Totier Creek Park State Rt. 845, Scottsville 2-811-16 87845-0-0 Scottsville Recreation Center Page Street, Scottsville 2-811-16 87957-0-4 Jefferson/Madison Library Bird Street, Scottsville UPDATJ~ 2/94 SERVICE: VOLTAGE & PHASE 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 208/120 3 Phase 208/120 3 Phase EXHIBIT A DELIVERY EOINT AND/OR MEIER lOCATION Fast exterior wall of building Exterior wall of :llformation building Private meter pedestal adj acent to pavilion Private meter pole in park adj acent to lake Meter on north wall of gym building (pad 816-350) North exterior wall of building (u/g 816-76) APCO PA ID # 008-1100 EXHIBIT B PUBLIC AUTHORITY TARIFF NO. 6 APPALACHIAN POWER COMPANY RATE SCHEDULE TERMS AND CONDITIONS OF SERVICE GOVERNING SALE OF ELECTRICITY TO PUBLIC AUTHORITIES JOSEPH H. VIPPERMAN, PRESIDENT ISSUED: January 14, 1994 EFFECTIVE: July 1, 1993 ~PPALACHIAN POWER COMPANY EXHIBIT B Page 1 of 2 PUBLIC AUTHORITY TARIFF NO.6 SCHEDULE P .A. ~ V AILABILITY OF SERVICE Available for general service to municipal corporations and state governmental entities, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used In 1156-232 and 234 of the Code of Virginia and In pertinent decisions of the Supreme Court of Virginia. MONTHLY RATE (Tariff Codes 804, 80S, 806) CUSTOMER CHARGE per service connection Effective 7/1/93-12/31/93 1/1/94-6/30/95 7/1/95-6/30/96 $9.70 $9.15 $9.25 5.518e 5.326e 5.386e 5.151e 4.972e 5.028e 4.523e 4.365e 4.414e SCHOOLS (804) per KWH consumed ALL OTHER (805) per KWH consumed WATER PUMPING. SEWAGE PUMPING. AND SEWAGE OISPOSAL SERVICE (806) per KWH consumed MEASUREMENT OF ENERGY Energy supplied hereunder will be delivered through not more than one single phase and/or one polyphase meter for each service connection. UEL ADJUSTMENT CLAUSE Bills computed according to the rates set forth herein will be Increased or decreased by a Fuel Adjustment Factor per KWH calculated in compliance with the Fuel Adjustment Clause attached hereto. ItAYMENT Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2X per month will be applied to any account balances not received by the Company by the next bill date. If the Company falls to mall bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. · PECIAL TERMS This schedule is subject to all terms and conditions contained in the agreement for electric service entered into between the Company and each city, county and town governmental authority. I sued: January 14, 1994 Effective: July 1, 1993 Issued By Joseph H. Vipperman, President Roanoke, Virginia ------------r-- J PPALACHIAN POWER COMPANY EXHIBIT B Page 2 of 2 PUBLIC AUTHORITY TARIFF NO. 6 SCHEDULE P.A. fUEL ADJUSTMENT CLAUSE When the estimated unit cost of fuel (Fm/Sm) used to meet Appalachian Power Company's Net Energy R~quirement less losses (Sm) is above or below the base unit cost of 12.8000 mills per kilowatthour (Fb/Sb), ar additional charge or credit equal to the product of the actual kilowatthours used and a fuel clause a~justment factor (A) shall be made, where (A), calculated to the nearest 0.0001 mill per kilowatthour, is as defined below: Adjustment Factor (A) . Fm - fh SIn Sb Any difference between the estimated cost of fuel used to meet Appalachian Power Company's Net Energy R~quirement and the actual cost of such fuel will be reflected in the calculation of the Fuel Adjustment F~ctor in the second succeeding month. In the above fonnul a (F) is the expense of fossil and nucl ear fuel in the base (b) and current (m) p~riods; and (S) is the KWH sales in the base and current periods, all as defined below: Fuel Costs (F) shall be the cost of: (a) fossil and nuclear fuel consumed in Appalachian Power Company's plants, and Appalachian Power Company's share of fossil and nuclear fuel consumed in jOintly owned or leased plants; (b) the actual identifiable fossil and nuclear fuel costs' associated with energy purchased for reasons other than identified in (c) below; (c) the net energy cost of energy purchases, exclusive of capacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on an economic dispatch basis (included therein shall be such costs as the charges for economy energy purchases and the charges as a result of scheduled outage, all such kinds of energy being purchased by Appalachian Power Company to substitute for its own higher cost energy), and less; (d) the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy sales and other energy sold on an economic dispatch basis. Sales (S) shall be equated to the sum of (a) generation, (b) purchases, (c) interchange-in, less (d) e~ergy associated with pumped storage operations, less (c) inter-system sales referred to in (d) above, less ( ) total system losses. Sales (S) shall be modified to reflect losses of 10.51X associated with Appalachian Power Company's d liveries to customers served under this schedule. The adjustment factor developed according to the preceding paragraphs may be further modified to allow t~ recovery of gross receipts or other similar revenue based tax charges occasioned by the fuel adjustment r venues. The cost of fossil fuel shall include no items other than those listed in Account 151 of the Commission's U iform System of Accounts for Public Utilities and Licensees. The cost of nuclear fuel shall be that as s own in Account 518, except that if Account 518 also contain~ any expense for fossil fuel which has already b en included in the cost of fossil fuel, it shall be deducted from this account. All references to the C"""ission's Unifonn System of Accounts for Public Utilities and Licensees shall be to such Uniform System o Accounts for Public Utilities and Licensees as is in effect as of December I, 1975. Is~ued: January 14, 1994 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: July 1, 1993 f--- APPALACHIAN POWER COMPANY VA. S.C.C. TARIFF NO. 15 SCHEDULE O.t. (Outdoor lighting) AVAILABILITY OF SERVICE Exhibit C Page 1 of 3 Original Sheet No. 18-1 Available for outdoor lighting to individual customers located outside areas covered by municipal street lighting systems. MONTHLY RATE A. Overhead Lighting Service For each of the following, the Company will provide lamp, photo-electric relay control equipment, luminaire and upsweep arm not over 6 feet in length, and shall mount same on an existing wood distribution pole or on a new wood distribution pole to be installed by the Company which can be connected to existing secondary facilities by one span of not over 150 feet. Rate Per Month Approx. Base Levelized Wattaqe Lumens Tvpe of Lamp Rate Fuel $ $ 100 9,500 High Pressure Sodium B .13 plus .64 200 22,000 High Pressure Sodium 9 . 5.1. plus 1.34 400 50,000 High Pressure Sodium 10.81 plus 2.65 175 7,000 Mercury Vapor 6.68 plus 1.14 250* 11 ,000* Mercury Vapor 8.73 plus 1. 59 400 21,000 Mercury Vapor 10.29 plus 2.51 *Effective August 28, 1990, the 250 watt 11,000 lumen mercury vapor lamp will no longer be available for new installations or for repair or replacement of existing units. Tariff Code 094 097 098 093 096 095 When new facilities in addition to those specified above are to be installed by the Company, the customer will, in addition to the above monthly charge, pay in advance the installation cost of such additional facilities. B. Post-Top Lighting Service For each of the following, the Company will provide lamp, photo-electric relay control, post-top luminaire, post and installation (the type and height of which will be consistent with the Company's construction standards), including underground wiring for a distance of 30 feet from the Company's existing secondary facilities. Rate Per Month Approx. Base Levelized Wattaqe Lumens Type of Lamp Rate Fuel -r- $ 175 7,000 Mercury Vapor 7.92 plus 1.14 70 5,800 High Pressure Sodium 11.80 plus .46 100 9,500 High Pressure Sodium 11.80 plus .64 Tariff Code 099 106 111 When the customer's service requires an underground circuit longer than 30 feet from existing secondary facilities for post-top lighting service, the customer will pay to the Company, in advance, a charge of $0.90 per foot for the length of underground circuit in excess of 30 feet. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29. 1992 Case No. PUE920081 Issued By Joseph H. Vipperman. President Roanoke. Virginia Effective: May 4, 1993 (UNDER BOND) Exhibit C Page 2 of 3 APPALACHIAN POWER COMPANY Original Sheet No. 18.2 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.L. (Outdoor Lighting) (continued) MONTHLY RATE cont. The customer will, where applicable, be subject to the following conditions in addition to paying the monthly charges set forth above: 1. Customers requiring service where rock or other adverse soil conditions are encountered will be furnished service provided the excess cost of trenching and backfilling (cost in excess of $0.90 per foot of the total trench length) is paid to the Company by the Customer. 2. In the event the customer requires that an underground circuit be located beneath a driveway or other pavement, the Company may require the customer to install protective conduit in the paved areas. PAYMENT For all Residential customers with outdoor lights, bills are due upon presentation and payable at the main or branch offices, or authorized collection agencies, of the Company within twenty (20) days of the bill preparation date. A charge of 1%% per month will be applied to any account balances, excluding local consumer utility taxes, not received by the Company by the next bill preparation date. For all other customers with outdoor lights, bills are due upon presentation. Any amount due and not received at the main or branch offices, or authorized collection agencies of the Company within twenty (20) days of the bill preparation date shall be subject to a delayed payment charge of 1%%. This charge shall not be applicable to local consumer utility taxes. .. HOURS OF LIGHTING All lamps shall burn from one-half hour after sunset until one-half hour before sunrise, eVE!ry night and all night, burning approximately 4,000 hours per annum. OWNERSHIP OF FACILITIES All facilities necessary for service, including fixtures, controls, poles transformers, secondaries, lamps and other appurtenances, shall be owned and maintained by the Company. All service and necessary maintenance will be performed only during the regular scheduled working hours of the Company. The Company shall be allowed 48 hours after notification by the customer to replace all burned-out lamps. TERM OF CONTRACT Contracts shall be for an initial period not less than one (1) year and shall remain in effect until either party gives the other 60 days written notice of their intention to terminate the service. SPECIAL TERMS AND CONDITIONS See Terms and Conditions of Service. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) I APPALACHIAN POWER COMPANY i ! -~ l i t ~ ~ 12- :! =0 ~ 0- :I:~ 5S! ! ;loJ ~ o~ S ;~ i ~~ ! j~ ] ~o l ~~ ! i~ 1 ~Ul 1 101 "Cl >- C ~ i i :s i :l c oJ C I- o I- i a. W :I = :s oJ ~~i ~ 0 ~ c il ~f ;~ I-c eil u ~ eIl"'IDl'l1ll l'lalN"1D ......N ~ z ~~~g: ......N ~ ~ ! c LO~"'NM Mr--w-U)C"') ......N ~i~~i ... - r-.IOCOOO_ NllIaI_aI - - ~ ~ ~:~~:l - - NID...,....O) N""eIl" - >- ; LO.-.,.cnro NIlI"OCD ... ... f c lII"CIlNID NllIlIINlII ... - II! ; ~~!~~ "'-N iii ~ ~&;~~~ --N Ii c .., ~~~~g -"'N gg2g2 "'N;fco~ - NCIl III III 0 Ch~~~~ 000 ~iii~ . . . . . iJJJJJ ~ i~~~~! ~ i-N..ID- ; Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE9'OOR1 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.L. (Outdoor Ughting -continued) IDNGll'l~1II 1lIG1~~M: -CDGlllIIeIl LOCD::p~~ crt -po M ~ N " "'fD~...:;;:~ -ell "N " l'l ..CDCIIllIllIflJ -Nl'l 1Il:11Ili1ij;; -Nl'l CW>>1D.........ao... l'lYl"NOCII "'NN -NN"l'lN MID,...... 0),.... -_N llIaI"'''Yl~ fl')~CON... -N G1YlON_~ l'lIllCll.... "'N III"'CD"l'l~ ""OCDaI --N flJlIIlII"l'l~ ""011I11I --N !D....fOOt,....,.... IlIC1lNeIll'l" .......MlIIt glll-"l'llll ....~~!;i~ - -00 0 o , ,_ . iii!!!!!!!!! i"~~~~ ~1&282 ..N.,....~ - ";";.1.1.1 ~~~~~ III'......... ... -N..fO ~...... -'... ~~~~~ "':oari...lti --M", "NllIlIINIII..flJ MID,....5!~=N' .. co 0 0 N Ill' aI ell M"""2~:=~ ~~:=:!!::il~ ...........~ 1!il~l;)iii81~lil: --l'l ~l!:Ui~i:;;:j;; -_l'l N-U)IDCftMCII_ N.....tO,...GlNCIl -N N~~;;~I~~ _N ..."',...CO...lII"g "'.....CDCOCIIl'l - tOCD~"''''OO~ NMl.O.....Cft_1b - - OM"'''''''lIICD~ ....."'11I0"''' ... -- OM"'''''''lIICD~ ~..,.c.oCDON"" -... - CD-.-COOMO,... MlD""'OMLO...." ---N. CD"'CD"''''IlI~1lI CIl"',...IlIOCD ... --NMM ': - 00000 0 iiiii~i ~~~~~~~~ ~8~8~:=22 --NNM.~.. - .1.1.1";";"';';"; ~~~~~~~8 ""ari~~~~gg ~.................-,...: c >~~~~~~~~ !1lI.cri..ari.....lti.n ""...NM.N - '" Issued By Joseph H. Vipperman, President Roanoke, Virginia Exhibit C Page 3 of 3 Original Sheet No. 18-3 l'l := Nell l'l CD G1~~: III ell fDGlaleIl Q)~:!~ i ...Moo,.... CD-,.,..N ...-.. " " GlIIIN... fD.CIl III CD ...M o ,... :11Ilj;; _M - CD ID,...._.... IDr--NG:I _N ffl N"''''N &0""'..."'" -N : CIl-,...... III III "'0 _M '" ,... :gi~~ _M ... III CDCD""O ,....~~~ ~ tOCD""~ ""0 CD - - o - -,....cn,.... CftNen,.... --... ~ N CO"'''1n -O""'M NM"",,: - eeee ~~~~ lD020 ~ ~. 8.. ... ..;..;..;..; !!! . c: ~ ~3 ;~ 00 =- tt 8~88 ..o.no -NM_ - g.................. oJ !2~2~ oJ . , . . c 0"" III co ;--NlII Effective: May 4, 1993 (UNDER BOND) DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY the Board of County Supervisors (Governing Body) OF Albemarle County. Vireinia. (Public Entity) T David Shaw , (Name of Incumbent) Director of Administrative Services for the Albemarle County Police (Official Position) I De artment is hereby authorized to execute for and on behalf of Albemarle Countv, a public entity tablished under the laws of the Commonwealth of Vireinia. this application and to file it in the propriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster elief Act (public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. FURTHER RESOLVED THAT Albemarle Countv, a public entity established under the laws of e Commonwealth of Virl!:inia. hereby authorizes its agent to provide to the State and to the Federal mergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the a surances and agreements printed on the reserve side hereof.. . Passed and approved this ~ day of Mav. 1994. ?JO'~#~ (Name and Title) (Name and Title) (Name and Title) CERTIFICATION I, Ella W. Carey , duly appointed and Clerk of the Board of ervisors do hereby certify that the above is a true and correct copy of a resolution p ssed and approved by the Board of County Supervisors onthe 4th day of May ,19~. May 4. 1994 tat{ ~J Cazq (Signature) V lerk, Board of County Supervisors (Official Position) RES 0 LOT ION BE IT RESOLVED that the Board of Supervisors of Albemarle County, Vir~inia, does hereby authorize its chairman to sign the "Construction Agrieement between Virginia Department of Transportation and the County of ~lbemarle", the "Construction Agreement between the County of Alblemarle and B. Dan Dickerson" and, the "Construction Agreement between the County of Albemarle and A. T. Williams", for completion of Rou~e 29 North service road to be built as a part of State project numbered 6029-002-F19, C502, upon receipt of signed agreements and sur~ty from Dan's Automart and A. T. Williams oil Company and final revliew of the documents by the County Attorney. * * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Albemarle County Board of Supervisors at a regular meeting held on May 4, 1994. ;; t( tL tc t~CUJ)( Clerk, Board of county:'upervisors RES 0 L UTI 0 N BE IT RESOLVED that ~ e Board of Supervisors of e County, Virginia, does hereby authorize its ch 'rman to sign the "Constructio Agreement between Virg'nia Department of Transpo tat ion and the County of emarle" and, the "Con truction Agreement between he County of Albemarle d B. Dan Dickerson", for etion of Route 29 North serv ce road, upon receipt of signed agreements and y from Dan's Automart and A. ny and final review of the ents by the County Attorney. corr a re I, Ella W. Carey, do hereb ct copy of a resolution ado t u1ar meeting held on Ma~ I / y that the foregoi writing is a true, the Albemarle County Board of Supervisors at (,'./, ! 0{ (tZ lei ~{erk, Board of ( Li.. CIy Cou ty ;$Upervisors v , '. RES 0 L UTI 0 N WHEREAS the purpose of Piedmont Council of the Arts is to be he catalyst for advancing the thriving presence of the arts to nhance the quality of life in our region; and WHEREAS the County of Albemarle desires to ensure planning, romotion, coordination and provision of arts and culturally elated services and deems that making cultural activities vailable to its citizens is a valuable service; and WHEREAS the County of Albemarle acknowledges that subject to vailability public funding of the arts is desirable; and WHEREAS Piedmont Council of the Arts has completed a cultur- al agency plan to engender new life and support for the arts in o r community through a commitment to atlvocacy, service, communi- t partnerships and inclusiveness; and WHEREAS the County of Albemarle is desirous of naming Piedmont Council of the Arts as its local arts agency to operate o its behalf in providing planning, services and development for t e arts in our community; NOW, THEREFORE, BE IT RESOLVED that the Board of County of pervisors and the County of Albemarle designated Piedmont uncil of the Arts as the official local arts agency of the unty of Albemarle. * * * * * I, Ella W. Carey, do hereby certify that the foregoing w iting is a true, correct copy of a resolution adopted by the Bard of County Supervisors of Albemarle County, Virginia, at a r gular meeting held on May 4, 1994. fac, ju &~ Ury Clerk, Board of County S~ervisors , . . ORDINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2. ADMINISTRATION ARTICLE IX, INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CODE OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2, J dministration, Article IX, Industrial Development Authority, is hereby amended and reordained by amending Sections 2-47 t~lrough 2-53, as follows: ARTICLE IX, INDUSTRIAL DEVELOPMENT AUTHORITY ! ec. 2-47. Political subdivi8ion--Created. There is hereby created a political subdivision of the Commonwealth of Virginia, pursuant to chapter 33 of title 15.1 o the Code of Virginia, as amended, in the manner hereinafter set out. ! ec. 2-48. Same--Name. The name of the political subdivision created shall be the "Industrial Development Authority of Albemarle County, , irginia," hereinafter, the industrial development authority. !i ec. 2-49. Powers and duties generally. The industrial davelopment authority shall have all such public and corporate powers as are or may from time to time b" conferred upon the industrial development authorities generally by the provisions of the Industrial Development and Revenue E ond Act, Code of Virginia, Chapter 33 of Title 15.1 (Sections 15.1-1373 - 15.1-1393) and shall in the exercise of such powers a~here in all respects to the provisions of such Act, except as otherwise hereafter expressly provided. !i ec. 2-50. Board of supervisors to approve financing. No financing of any facility by the industrial development authority which requires approval of the board of supervisors p,"-,rsuant to the Internal Revenue Code of 1986, or the Code of Virginia, as amended, as applicable, shall take place without the p ior approval of the board of supervisors. !~c. 2-51. Board of 8upervi80r8 to approve location. No facility located inside or outside the legal boundaries of the county shall be financed by the industrial development a~thority unless the location of the facility has been approved by the board of supervisors. S~c. 2-52. Board of directors. The industrial development authority shall be governed by a board of directors in which all powers of the authority shall bll vested, composed of seven (7) members appointed by the board of supervisors as provided by law. Slec. 2-53. Board of 8upervisors to approve by-law8. etc. All by-laws, standards and priorities of the industrial development authority of the county shall be approved by the bbard of supervisors prior to their adoption by the industrial development authority; and any revisions or changes of such by- I! ws, standards and priorities shall require the prior approval of the board of supervisors. * * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true correct copy of an ordinance adopted by the Bpard of County Supervisors of Albemarle County, Virginia, at a regular meeting h~ed ... May 4. ' 1..9. ..94., ~~ j I II /I '. I (V L IA/GGf-. e , oard of County SuPt90rs , . ORDINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPI'ER 13, OFFENSES-MISCELLANEOUS SECTION 13-18, SHOOTING IN, OR ALONG OR NEAR ROAD OR IN STREET OF TIlE CODE OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that C~apter 13, Offenses-Miscellaneous, Section 13-18, Shooting in, or along or near road or in street, is hereby alnended and reordained effective July 1, 1994, by amending Section 13-18, as follows: S~. 13-18. Shooting in, or along or near road or in street. No person shall discharge any firearm, crossbow or bow and arrow in or across any road or within the ri~ht-of-way thereof, or in a street of any town, whether the town is incorporated or not. Any person violating the p ovisions of this section shall be guilty of a Class 4 misdemeanor. . This ordinance shall be effective July 1, 1994. ****** I, Ella W. Carey, do hereby certify that the foregoing writing is a true correct copy of an ordinance llJ~opted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 4, 1~94. J;fLa )ft! (~~Lt, ~erk, Board of County supe~ors i .... APPROPRIATION REQUEST FIS 93/94 NUMBER 930072 TYP OF APPROPRIATION ADDITIONAL TRANSFER NEW x ADV RTISEMENT REQUIRED ? YES NO x FUN GENERAL OSE OF APPROPRIATION: SFER TO FUND DEMOCRATIC U.S. SENATE PRIMARY. EXPENDITURE COS CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1100013020111401 COMPENSATION $8,080.00 1100013020120000 OVERTIME WAGES 280.00 1100013020130000 PART-TIME WAGES 500.00 1100013020210000 FICA 60.00 1100013020350000 PRINTING & BINDING 300.00 1100013020390000 OTHER PURCHASED SERVICES 3,690.00 1100013020520100 POSTAL SERVICES 200.00 1100013020520300 TELECOMMUNICATIONS 1,100.00 1100013020540200 LEASE/RENT BUILDINGS 130.00 1100013020550100 TRAVEL-MILEAGE 150.00 1100 13020600100 OFFICE SUPPLIES 50.00 1100 13020601700 COpy SUPPLIES 30.00 95000999990 BUDGET CONTINGENCY (14,570.00) TOTAL $0.00 REVENUE DESCRIPTION AMOUNT **** ******************************************************************* $0.00 TOTAL $0.00 **** ******************************************************************* REGISTRAR REQU STING COST CENTER: APPR SIGNATURE DATE DIRE OF FINANCE ~~~~ rf,/(4 iJ (/t, "J ~-~6-7:~ ,,",:5- - 1:., '7 (. ( BOAR OF SUPERVISORS . . ". APPROPRIATION REQUEST FISCj\L YEAR 93/94 NUMBER 930069 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW x ADVEtlTISEMENT REQUIRED? YES NO x FUND GRANT PURPCPSE OF APPROPRIATION: SECT ON 8 HOUSING GRANT FOR FY 93/94. ~XPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT **** ******************************************************************* 1122 81910312800 AUDIT $400.00 1122 81920579001 HOUSING ASSISTANCE 893,100.00 1122 81920579002 VACANCY LOSS 2,900.00 1122 81920579003 DAMAGE/UNPAID RENT 1,000.00 1122 81920579004 UTILITY REIMBURSEMENT 17,500.00 TOTAL $914,900.00 REVENUE DESCRIPTION AMOUNT **** ******************************************************************* 2122 33000330001 MODERATE REHAB. GRANT $914,900.00 TOTAL $914,900.00 ****~******************************************************************* REQUISTING COST CENTER: APPRCVALS: DIRECTOR OF FINANCE BOAR[ OF SUPERVISORS SOCIAL SERVICES/HOUSING SIGNATURE ~L~~~L ?ilt{ DATE / ' cL' /, ( ({. r?) ~-/.y-7 ~ \.) .' tic, ' 9'-( David P. Bo rman Oliulottes ille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin R ivanna Charlotte Y. umphris Jack Jou It Walter F. Perkins White Hall Forrest R. Ma shall. Jr. Scotlsvil Sally H. Thomas Samuel Miller Robert W. Tucker, Jr., county Executive Ella W. Carey, Clerk, CMC aU c May 9, 1994 JECT: Items Approved on May 4, 1994 the Board's meeting on May 4, 1994, the following items were a opted/adopted: solution of Support for the Thomas Jefferson Housing Improvement Corporation If-Help Housing Projects. solution designating the Applicant's Agent to provide to the State and to e Federal Emergency Management Agency (FEMA) the assurances and agreements eded for the Disaster Relief Act (Public Law 288, 93rd Congress), or any aid herwise available from the President's Disaster Relief Fund. tached are the original copies of both actions. Since we have nothing cept a staff report, I will leave it to you to see that these items are rwarded to the proper persons. E C: len A tachments (2) * Printed on recycled paper David P. werman Olarlott ville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin R Ivanna Charlotte Y. umphris Jack Jo eft Walter F. Perkins White Hall Forrest R. M rshall, Jr. Scotts lie Sally H. Thomas Samuel Miller Jo Higgins, Director of Engineering Ella W. Carey, Clerk, CMC May 9, 1994 Contracts Approved on May 4, 1994 the Board's meeting on May 4, 1994, the Board authorized the airman to sign the following contracts: reement for the purchase of Electricity from Appalachian Power mpany. Attached are the two copies which have been signed by the airman. When the contract is signed by APCD please forward the iginal copy to this office for the Board's records. nstruction Agreement between Virginia Department. of ansportation and the County of Albemarle, and, Construction reement between the County of Albemarle and B. Dan DiCkerson, for mpletion of Route 29 North service road, upon receipt of signed reement and surety from Dan's Automart and A. T. Williams oil mpany and final review of the documents by the County Attorney. RESOLUTION to this effect is attached. E C:len A tachments (3) * Printed on recycled paper Dr\TE ...:5-- fL- j? d ----------------------2-----------------------~---- A<HD\ ITIM ID. --_LL~~!Zz{_~L______________ A(DD\ I11M_~~~~~__ OOPERRID lfifIL ---d~Lt!-f!_------ Form. 3 7/25/86 ..! . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY i4,!<"" )3 ;/~/ . ?'lft:! 9~ff .;;- 2- fer son Housing Improvement n Resolution of support AGENDA DATE: May 4, 1994 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: REVIEWED BY: ~-- ! ATTACHMENTS: Yes OUND: omas Jefferson Housing Improvement Corporation (TJHIC) is a non-profit corporation addresses housing issues with the Thomas Jefferson Planning District (Albemarle, na, Greene, Louisa and Nelson counties). SION: is requesting funds from the Farmer's Home Administration Self-Help Program to p housing for low-income families in the region. The families participate in the const uction of their homes as well as the homes of other program participants. TJHIC has requested that all localities in the region adopt the attached resolution supporting their grant application. is currently identifying building sites in Albemarle County where the first homes e built. is required. that the attached resolution of support be adopted. '~i'"'[f-@ ~-fw"'~' :?""-".~""'''''--",, . '-:i i'; , , APR 94.05 " I !..._~~----._d "'F\RD OF SUPEHVlSC', _.~.,....,,,,,,,,,,,. ...._----....~._..~ ~' RESOLUTION OF SUPPORT for THOMAS JEFFERSON HOUSING IMPROVEMENT CORPORATION SELF-HELP HOUSING PROJECTS , WHEREAS, there exists an ongoing need to create housing opportunities to benefit ery-low and low-income residents in this region; and WHEREAS, the Farmer's Home Administration has funding availability, has approved the re-application and is ready to receive proposals under the SELF-HELP TECHNICAL SSIST ANCE GRANT and other grants to develop, administer and coordinate assistance, both chnical and supervisory, for families to carry out self-help housing efforts in rural areas, who therwise would not qualify as homeowners; and WHEREAS, Thomas Jefferson Housing Improvement Corporation (TnIIC) has abroad ase of representation, has established working relationships with the local housing organizations i the five counties of Nelson, Greene, Albemarle, Fluvanna and Louisa, has an experienced staff nd advisors and an almost ten-year history of community-based housing improvement efforts for ddressing the needs of low-income persons in the region; NOW, THEREFORE, BE IT RESOLVED that The Board of Supervisors of Albemarle ounty hereby supports the efforts of TJIllC to provide opportunities for affordable housing in bemarle County and the region by submitting a grant application to Farmer's Home dministration and by providing technical assistance to self-help housing groups. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a esolution adopted by the Board of County Supervisors of Albemarle County, Virginia, at a egular meeting held on May 4, 1994. Ii/Lx iJ (i/0 ~ Ella W. Carey . Clerk, Board of County Supervisors " .. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY \ ~. ';;J::%~ ". /<tl SUBJECT Request Execute for the Power Company AGENDA DATE: May 4, 1994 ITEM NUMBER: AGENDA T Approval Agreemen ACTION: INFORMATION: CONSENT AGENDA: for the Chairman to ACTION: X Agreement INFORMATION: STAFF CO Messrs. REVIEWED BY: ,/ ATTACHMENTS: ROUND: irginia Power and Appalachian Power Companies negotiate three year contracts for the ase of electricity on a fee schedule that is distinct for municipalities. The iation of these contracts is handled by The Virginia Association of Counties and has ted in the attached proposed contract with Appalachian Power Company. The term of agreement is for a period of thirty-six months beginning July 1, 1993 making the sed rates retro-active due to the late date negotiations were concluded. Rates refl cted in the agreement for those few facilities serviced by Appalachian Power are with'n the constraints of the budgeted estimate of a 5% increase. ATION: recommends that the Chairman be authorized to execute the aforementioned agreement, y of which is located in the Clerk's Office. r;~' L .. 94.0 5 .' .. APR 27 ' 84 20: 26 FlAGE . 001 ~ Po.. CIInpnJ PO 90x 10QC Ly,"chIJUllj, 'I/~ 2450!i-1000 804 522 4200 Mr. ~nhpT~ W_ Tucker. Jr., County Executive county of Albemarle 401 McIntire Road Charlottesville I VA 22902 - *~"'\CD s ~ January 27, 199~ Dea2: Bob; I am pleased to let you know that Appalachian Power Company and the Negotiating Committee representing our public Authority customers have reached a settlement concernins electric service rates ano Street Lighting rates for the period July 1, 1993 through June 30, 1.996. Iu Llu:J n..-or future we will be Qontacting you to prov; ct.. t:he revised tariff sheets and to execute a new electric service ag~eRment f02: that periQd. In summary, the proposed rates that Appalachian placed in effect on July 1, 1993, com,;l~Lln9 o~ Il 5\ annual incrc:.co will romain as the final rates for service through December 31, 1993 (i.e., for six month period only). Effective January 1, '1994 rates will be reduced to a level that rGpresents a 1.6\ increase over the rates that were in effect as of June 30, 1993. This 1.6\ increase will remin in etfect 't.l'\rough Junfo! 30, 1995. E:ffeetLve July 1, 1995, rates will be revised to reflect a 2.6\ increase over the rates in eff@ct "'1Il of ,Tun. 30, 1993 (this represents an additional l' increase above the rates in effect through June 30, 1995). .. street Liqhtinq (S.L.) rates were also negutldLea. The prQPoeed S.L. Rates representinc; a 5.6\ increase as placed ir. effect on J~ly 1, 1993 will be t~~ ~p~li~able rates throu~h December 31, 1993. Effective January 1, 1994 S.L. rat.es will be redl.1ced to a level reflecting a 1.5\ annual increase over the rates that were in effect on .June 30, 1993. these lower rates will. remain in efhu.:t. Lh1:oulj'h June 30, 1996. While, as previously indicated, we will be contacting you soon rec;rardinq thi s settlement, please do not helli tate to call me at 522-4801 if you have any questions in ~he meantime. :s1ncere1y, Barry L. Snodgrass Ll1v1fl1o~1 Mcl1lager E . 001 ** fI.,1 r-: " '....... FNGINEEi",tNG David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin R ivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Miller MEMO TO: Jo Higgins, Director of Engineering FROM: Ella W. Carey, Clerk, CMC ~ DATE: May 9, 1994 SUBJECT: Contracts Approved on May 4, 1994 At the Board's meeting on May 4, 1994, the Board authorized the Chairman to sign the following contracts: Agreement for the purchase of Electricity from Appalachian Power Company. Attached are the two copies which have been signed by the Chairman. When the contract is signed by APCO please forward the tt original copy to this office for the Board's records. U "15;;t4.e.J. ' 5fq~ C{ Construction Agreement between Virginia Department of Transportation and the County of Albemarle, and, Construction Agreement between the County of Albemarle and B. Dan Dickerson, for completion of Route 29 North service road, upon receipt of signed agreement and surety from Dan's Automart and A" T. Williams oil Company and final review of the documents by the County Attorney. A RESOLUTION to this effect is attached. EWC:len Attachments (3) * Printed on recycled paper I ' ( 1 Appalachian Power Company PO Box 1000 Lynchburg, VA 24505-1000 804 522 4200 S APPALACHIAN POWER Mr. Richard E. Huff, II Deputy County Executive County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902-4596 May 16, 1994 Dear Mr. Huff: I've enclosed one fully executed original copy of the agreement for purchase of electricity from Appalachian Power by the County of Albemarle for your files. Don't hesitate to call should you have questions or concerns regarding any aspect of your electric service. Sincerely, L~aJ~ Marketing and Customer Services Manager enclosure c: G. O. Rates and Contracts, Roanoke . , VIRGINIA PUBLIC AUTHORITIES AGREEMENT FOR THE PURCHASE OF ELECTRICITY FROM APPALACHIAN POWER COMPANY THIS AGREEMENT entered into this I~~~ M ~,.. , 19q~ by and between APPALACHIAN POWER hereinafter called "Company," and Albemarle County Supervisors, hereinafter called "Customer." day of COMPANY, Board of : WIT N E SSE T H : For and in consideration of the mutual convenants and agreements hereinafter contained, the parties hereto agree with each other as follows: FIRST: SECOND: THIRD: FOURTH: The Company agrees to furnish to the Customer, and the Customer agrees to take from the Company, subject to the terms and conditions of this Agreement, all the electric energy of the character specified herein that shall be purchased by the Customer on the premises at installations shown on "Exhibit A" attached hereto and made a part of this Agreement. The initial term of this Agreement shall be for a period of thirty-six (36) months beginning July 1, 1993. Unless terminated as hereinafter provided, this Agreement shall continue in effect thereafter for successive periods of one year at rates to be mutually agreed upon by the Company and the Customer. Either party shall give the other not less than 90 days' notice in writing of its election to terminate this Agreement at the expiration of any period. The electric energy delivered hereunder shall be alternating current and it shall be delivered at the voltage and other electrical characteristics as set forth on "Exhibit A," which shall constitute the points of delivery under this Agreement. The said electric energy shall be delivered at reasonably close maintenance to constant potential and frequency, and it shall be measured by a meter or meters owned and installed by the Company and located as set forth on "Exhibit A." Normally, the Company will provide one service from its distribution system and all of the electricity supplied to an installation will be measured by one meter, but Company may, at its option, provide as many services and meters as it may deem practicable. When such multiple services and meters are so used, separate bills will be rendered for each metered · ' J ' FIFTH: installation. The electricity will be delivered to such point as may be designated by the Company on the premises occupied by the Customer and shall be used only by the CUstomer and upon the premises occupied by the Customer. For the purpose of this Agreement, an "installation" means a delivery point, building, part of a . . building, oru group- of' buildings-- located in such close proximity to each other as to constitute one operating unit occupied by the Customer. Those installations to be served by the Company as of the effective date of this Agreement are set forth on attached "Exhibit A." The Company will supply the electricity required by the Customer at such additional installations beyond those being served by the Company as of the effective date of this Agreement as may, from time to time, be requested in writing by an authorized representative of the CUstomer. All services furnished to such additional installations shall be governed by the terms of this Agreement as if such additional installations were being served as of the effective date of this Agreement. Service will be supplied at a single voltage considered by the Company to be standard for the area in which elec- tricity is requested and will be available for general service to municipal corporations and state governmental entities and their agencies, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in SS56-232 and 234 of the Code of Virginia and in pertinent deci- sions of the Supreme Court of Virginia. Extension of Service - Overhead The Company will, for single phase service up to and including 25-KW estimated demand, extend service not more than 150-feet from existing secondary facili- ties of 300-volts or less where capacity is presently available, at no charge to the Customer. For service delivered under this Agreement up to and including demands of 500-KVA requiring new facilities, the Company will: (a) where the estimated revenue for two years exceeds the cost of installation of new local facilities required, provide such service at no cost to the Customer (b) where the estimated revenue for two years is less than the cost of installation of new -2- . l J I SIXTH: facilities required, provide such service on the condition that the CUstomer pays the difference between the installed cost of the new facilities required to serve the load and the estimated revenue for two years. For service to be rendered for demand levels higher than those specified above, the annual cost to serve the .' CUstomer' s- requirements- '-sha:-ll- be- compared with the estimated revenue for one year to determine if a contribution in Aid-of-Construction, and/or a special minimum or other arrangement, may be necessary. The annual cost to serve shall be the sum of the following components: 1. The annual fixed costs of the generation, transmission and distribution facilities related to the Customer's requirements. These fixed costs will be calculated at 28.17% of the value of the facilities, the value to be based on the previous year-end embedded investment depre- ciated in all similar facilities of the Company. 2 . The annual energy costs based on the latest available production costs related to the Customer's requirements. 3. The annual fixed costs of new local facilities necessary to provide the service requested, calculated at 28.17% of the installed cost of such facilities. If estimated revenue for one year is less than the cost to serve as described herein, the Company will require the CUstomer to pay a Contribution in Aid- of-Construction equal to the difference between the annual cost to serve as calculated and the estimated revenue for one year divided by .2817, but in no case to exceed the installed cost of the new local facilities necessary to provide the required service. If, however, the annual cost to serve, excluding the cost of local facilities paid for by the Customer, exceeds the estimated revenue for one year, the Company may require in addi tion to a contribution in Aid-of-Construction, a special minimum charge or other arrangement to compensate the Company for such deficiency in revenue. Extension of Service - Underaround Underground service and facilities will be provided by the Company upon payment to the Company of an amount equal to the sum of (1) the difference between the estimated cost of the underground -3- .. I J I facilities and the estimated cost of overhead facilities that otherwise would have been required, and (2) the amount as determined by the FIFTH Section above using the cost of equivalent overhead facilities. Should the estimated cost of underground facilities be less than the estimated cost of overhead facilities that would otherwise be required, then the terms of this Agreement relating to overhead extension'of-service-will-apply. SEVENTH: Extension of Service - Temporarv The Company will supply' electricity, wi thin areas normally served by the Company, to loads of a temporary nature upon payment by the CUstomer of a temporary service charge equal to the nonrecoverable estimated cost of temporary facilities required to serve the Customer plus the cost of removing the facilities. EIGHTH: NINTH: (1) The rates at which the Company shall furnish the electricity herein provided shall be set forth in "Exhibit B" entitled "Public Authority Tariff No.6, Schedule P.A.," attached hereto and made a part hereof. (2) Outdoor lighting service will be furnished in accordance with Schedule O.L. as contained in the then current tariff on file with the State corporation Commission of Virginia. A copy of present Schedule O.L. is attached as "Exhibit C. " (1) Payment Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not received by the Company by the next. bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. (2) Inspection It is in the interest of the CUstomer to properly install and maintain his wiring and electrical equipment, and he shall at all times be responsible for the character and condition thereof. The Company makes no inspection thereof and in no event shall be responsible therefor. -4- .' ,J I The Company may require the deli very by the CUstomer to the Company of an agreement duly signed by the CUstomer authorizing the connection to the wiring system of the Customer and assuming responsibility therefor. No responsibility shall attach to the Company because of any waiver of this requirement. (3) Service Connections The Company will, when requested to furnish service, designate the location of the service connection. The Customer's wiring must, for an overhead secondary service, be brought outside the building wall nearest the Company's service wires so as to be readily accessible thereto. In this case, the CUstomer's wiring must extend at least 18 inches beyond the building. In all other cases, the Company and the Customer will mutually designate a point of delivery best suited to the CUstomer's and Company's facilities. When a Customer desires that energy be delivered at a .point or in a manner other than that designated by the Company, the Customer shall pay the additional cost of same. (4) Relocation of Company's Facilities at Customer's Reauest Whenever at CUstomer's request, Company's facil- i ties located on CUstomer's premises are relocated to suit the convenience of CUstomer, the Customer shall reimburse the Company for the entire cost incurred in making such change. (5) Company's Liability The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but does not guarantee uninterrupted service. The Company shall not be liable for damages for injury to person or property in case such supply should be interrupted or fail by reason of an act of God, the public enemy, accidents, labor disputes, orders or acts of civil or military authority, breakdowns or injury to the machinery, transmission lines, distribution lines, or other facilities of the Company, extraordinary repairs, or any other occurrence beyond the Company's control, or any -5- . L .3: I act of the Company to interrupt service to any customer whenever in the judgment of the Company such interruption is necessary to prevent or limit any instability or disturbance on the electric system of the Company or any electric system interconnected with the Company. Unless otherwise provided in a contract between Company--and CUstomer,~ the point- at which service is delivered by Company to Customer, to be known as "delivery point," shall be the point at which the Customer's facilities are connected to the Company's facilities. The Company shall not be liable for any loss, injury, or damage resulting from the Customer's use of his equipment or his use of the energy furnished by the Company beyond the delivery point. The Customer shall provide and maintain suitable protective devices on his equipment to prevent any loss, injury or damage that might result from single phasing conditions or any other fluctuation or irregularity in the supply of energy. The Company shall not be liable for any loss, injury or damage resulting from a single phase condition or any other fluctuation or irregularity in the supply of energy which could have been prevented by the use of such protec- tive devices. The Company will provide and maintain the necessary line or service connections, trans- formers, meters and other apparatus which may be required for the proper measurement of and pro- tection of its service. All such apparatus shall be and remain the property of the Company. (6) Customer's Liabilitv In the event of loss or injury to the property of the Company through misuse by, or the negli- gence of, the Customer, or the employees of the same, the cost of the necessary repairs or replacement thereof shall be paid to the Company by the Customer. The CUstomer will be responsible for tampering with, interfering with, or breaking of seals of meters, or other equipment of the Company installed on the CUstomer's premises. The Customer hereby agrees that no one except the employees of the Company shall be allowed to make any internal or external adjustments of any meter or any other piece of apparatus which -6- .' shall be the property of the Company. The Company shall have the right at all reason- able hours to enter the premises of the CUstomer for the purpose of installing, reading, remov- ing, testing, replacing or otherwise disposing of its apparatus and property, and the right of · entire removal of the Company's property in the event - of the- termination--of- this'~Agreement for any cause. (7) Location and Maintenance of ComDany's Eauipment The Company shall have the right to construct its poles, lines and circuits on the property and to place its transformers and other apparatus on the property or wi thin the build- ings of the Customer, at a point or points convenient for such purpose, as required to serve such CUstomer, and the CUstomer shall provide suitable space for the installation of necessary measuring instruments so that the latter may be protected from injury by the elements or through the inadvertent acts of the Customer or of any employee of the same. (8) Use of Enerqy bv Customer The service connections, transformers, meters and appliances supplied by the Company for each Customer have a definite capacity and no addi- tions to the equipment, or load connected thereto, will be allowed except by consent of the Company. The Customer shall install only motors, apparatus or appliances which are suitable for operation with the character of the service supplied by the Company, which shall not be detrimental to same, and the electric power must not be used in such a manner as to cause unpro- vided for voltage fluctuations or disturbances in the Company's transmission or distribution system. The Company shall be the sole judge as to the suitability of apparatus or appliances, and also as to whether the operation of such apparatus or appliances is or will be detri- mental to its general service. No attachment of any kind whatsoever may be made to the Company's lines, poles, crossarms, struc- tures or other facilities without the express written consent of the Company. -7- . . TENTH: All apparatus used by the CUstomer shall be of such type as to secure the highest practicable commercial efficiency, power factor and the proper balancing of phases. Motors which are frequently started or motors arranged for automatic control must be of a type to give maximum starting torque with minimum current flow, and must be of a type and equipped with controll"ing devie'es' approved" by- the Company. The CUstomer agrees to give reasonable notifi- cation to the Company of proposed increases or decreases in his connected load to prevent operating problems with the Company's facilities. The Company will not supply service to CUstomers who have other sources of electric energy supply except with the special consent of the Company. The Customer shall not be permitted to operate his own generating equipment in parallel with the Company's service except with the written permission of the Company. Resale of energy will not be permitted. This Agreement conditions: is made upon the following (1) That in no event shall any officer or agent of the Customer executing or authorizing the execu- tion of this Agreement be held personally liable on account of such authorization or execution. (2) This Agreement shall be binding upon the Company only when accepted by it and approved by its proper official, and shall not be modified by any promise, agreement, or representation of any agent or employee of the Company unless incor- porated in writing in this Agreement before such acceptance. (3) The obligations of the Company and the Customer for service under this Agreement are subject to appropriations by CUstomers' governing body to pay for such service. (4) The following sheets, as amended or revised from time to time, are attached hereto and made a part hereof: Exhibit A - Present Listing of Accounts Exhibit B - Schedule P.A. -8- Exhibit C - Present Schedule O.L. ELEVENTH: There are no unwritten understandings or agree- ments relating to the service hereinabove provided. This Agreement cancels and supersedes all pre- -vious agreements relating to- the-purchase by the CUstomer and sale by the Company of electric energy at the CUstomer's premises as referred to above. TWELFTH: County of Albemarle CUSTOMER:(;J~ ~~ BY: APPALACHIAN POWER COMPANY BY:.~ /~~~ TITLE: Division Manaqer Chairman, Albemarle County TITLE: Board of Supervisors DATE: May 9, 1994 DATE: S -/3 -91 -9- . . AlBEMARLE CDUNTY BOARD OF SUPERVISORS A.!. NUMBER --------- ---------- 2-811-14 77147-0-1 2-811-14 86530-0-7 2-811-14 86540-0-5 2-811-15 97531-0-0 2-811-16 87845-0-0 2-811-16 87957-0-4 UPDATEP 2/94 SERVICE lOCATION Corrmunications Tower Fan MJillltain Road, Covesville Walnut Creek Park - Info North Garden Walnut Creek Park - Concession North Garden Totier Creek Park State Rt. 845, Scottsville Scottsville Recreation Center Page Street, Scottsville Jefferson/Madison Library Bird Street, Scottsville SERVICE VOLTAGE & PHASE 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 208/120 3 Phase 208/120 3 Phase EXHIBIT A DELIVERY POINT AND/OR METER LOCATION East exterior wall. of building Exterior wall of informa.tion building Private meter pedestal adj acent to pavilion Private meter pole in park adj acent to lake Meter on north wall of gym building (pad 816-350) North exterior wall of building (u/g 816-76) APCD PA ID # 008-1100 . . EXHIBIT B PUBLIC AUTHORITY TARIFF NO. 6 APPALACHIAN POWER COMPANY RATE SCHEDULE TERMS AND CONDITIONS OF SERVICE GOVERNING SALE OF ELECTRICITY TO PUBLIC AUTHORITIES JOSEPH H. VIPPERMAN, PRESIDENT ISSUED: January 14, 1994 EFFECTIVE: July 1, 1993 . . 'I'PPALACHIAN POWER COMPANY EXHIBIT B Page 1 of 2 PUBLIC AUTHORITY TARIFF NO.6 SCHEDULE P .A. J V AILABILlTY OF SERVICE Available for general service to municipal corporations and state governmental entities, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in 1156-232 and 234 of the Code of Virginia and in pertinent decisions of the Supreme Court of Virginia. I ~ONTHLY RATE (Tariff Codes 804, 80S, 806) Effective 7/1/93-12131/93 1/1/94-6/30/95 7/1/95-6/30/96 CUSTOMER CHARGE per service connection $9.70 $9.15 $9.25 SCHOOLS (804) per KWH consumed 5.518t 5.326t 5.386t ALL OTHER (805) per KWH consumed 5.15lt 4.972t 5.028t WATER PUMPING, SEWAGE PUMPING. AND SEWAGE DISPOSAL SERVICE (806) per KWH consumed 4.523t 4.365t 4.414t n~EASUREMENT OF ENERGY Energy supplied hereunder will be delivered through not more than one single phase and/or one polyphase meter for each service connection. F~EL ADJUSTMENT CLAUSE Bill s canputed accordi ng to the rates set forth herei n wi 11 be increased or decreased by a Fuel Adjustment Factor per KWH calculated in compliance with the Fuel Adjustment Clause attached hereto. P~ YMENT Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not received by the Canpany by the next bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. S~CIAL TERMS This schedule is subject to all terms and conditions contained in the agreement for electric service entered into between the Company and each city, county and town governmental authority. Is ~ued: January 14, 1994 Effective: July 1, 1993 Issued By Joseph H. Vipperman, President Roanoke, Virginia " . PPALACHIAN POWER COMPANY EXHIBIT B Page 2 of 2 PUBLIC AUTHORITY TARIFF NO.6 SCHEDULE P.A. UEL ADJUSTMENT CLAUSE When the estimated unit cost of fuel (Fm/Sm) used to llleet Appalachian Power Company's Net Energy R quirement less losses (Sm) is above or below the base unit cost of 12.8000 mills per kilowatthour (Fb/Sb), a additional charge or credit equal to the product of the actual kilowatthours used and a fuel clause a justment factor (A) shall be made, where (A), calculated to the nearest 0.0001 mill per kilowatthour, is a defined below: Adjustment Factor (A) . Fm - fQ SIll Sb Any difference between the estimated cost of fuel used to meet Appalachian Power Company's Net Energy R quirement and the actual cost of such fuel will be reflected in the calculation of the Fuel Adjustment F ctor in the second succeeding month. In the above formula (F) is the expense of fossil and nuclear fuel in the base (b) and current (m) riods; and (S) is the KWH sales in the base and current periods, all as defined below: Fuel Costs (F) shall be the cost of: (a) fossil and nuclear fuel consumed in Appalachian Power Company's plants, and Appalachian Power Company's share of fossil and nuclear fuel consumed in jointly owned or leased plants; (b) the actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in (c) below; (c) the net energy cost of energy purchases, exclusive of capacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on an economic dispatch basis (included therein shall be such costs as the charges for economy energy purchases and the charges as a result of scheduled outage, all such kinds of energy being purchased by Appalachian Power Company to substitute for its own higher cost energy), and less; (d) the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy sales and other energy sold on an economic dispatch basis. Sales (S) shall be equated to the sum of (a) generation, (b) purchases, (c) interchange-in, less (d) e ergy associated with pumped storage operations, less (c) inter-system sales referred to in (d) above, less ( ) total system losses. Sales (S) shall be modified to reflect losses of 10.51X associated with Appalachian Power Company's d liveries to customers served under this schedule. The adjustment factor developed according to the preceding paragraphs may be further modified to allow t e recovery of gross receipts or other similar revenue based tax charges occasioned by the fuel adjustment r venues. The cost of fossil fuel shall include no items other than those listed in Account 151 of the Commission's U iform System of Accounts for Public Utilities and Licensees. The cost of nuclear fuel shall be that as s own in Account 518, except that if Account 518 also contains' any expense for fossil fuel which has already b en included in the cost of fossil fuel, it shall be deducted from this account. All references to the C ission's Uniform System of Accounts for Public Utilities and Licensees shall be to such Uniform System o Accounts for Public Utilities and Licensees as is in effect as of December 1, 1975. Is ued: January 14, 1994 Issued By Joseph H. Vipperman. President Roanoke, Virginia Effective: July 1, 1993 . . .. < . Exhibit C Page 1 of 3 APPALACHIAN POWER COMPANY Original Sheet No. 18-1 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.l. (Outdoor lighting) AVAILABILITY OF SERVICE Available for outdoor lighting to individual customers located outside areas covered by municipal street lighting systems. MONTHLY RATE A. Overhead Lighting Service For each of the following, the Company will provide lamp, photo-electric relay control equipment, luminaire and upsweep arm not over 6 feet in length, and shall mount same on an existing wood distribution pole or on a new wood distribution pole to be installed by the Company which can be connected to existing secondary facilities by one span of not over 150 feet. Rate Per Month Approx. Base Levelized Wattaqe Lumens Tvee of Lame Rate Fuel $ $ 100 9,500 High Pressure Sodium 6.13 plus .64 200 22,000 High Pressure Sodium 9.51 plus 1.34 400 50,000 High Pressure Sodium 10.61 plus 2.65 175 7,000 Mercury Vapor 6.66 plus 1.14 250* 11 ,000* Mercury Vapor 6.73 plus 1. 59 400 21,000 Mercury Vapor 10.29 plus 2.51 Tariff Code 094 097 096 093 096 095 *Effective August 26, 1990, the 250 watt 11,000 lumen mercury vapor lamp will no longer be available for new installations or for repair or replacement of ex is t I ng un it s. When new facilities in addition to those specified above are to be installed by the Company, the customer will, in addition to the above monthly charge, pay in advance the installation cost of such additional facilities. B. Post-Top Lighting Service For each of the following, the Company will provide lamp, photo-electric relay control, post-top luminaire, post and installation (the type and height of which will be consistent with the Company's construction standards), including underground wiring for a distance of 30 feet from the Company's existing secondary facilities. Rate Per Month Approx. Base Levelized Wattaqe Lumens Tvee of Lame Rate Fuel S- $ 175 7,000 Mercury Vapor 7.92 plus 1.14 70 5,800 High Pressure Sodium 11.80 plus .46 100 9,500 High Pressure Sodium 11.80 plus .64 Tari ff Code 099 106 111 When the customer's service requires an underground circuit longer than 30 feet from existing secondary facilities for post-top lighting service, the customer will pay to the Company, in advance, d charge of $0.90 per foot for the length of underground circuit in excess of 30 feet. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) . . Exhibit C Page 2 of 3 APPALACHIAN POWER COMPANY Original Sheet No. 18-2 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.l. (Outdoor Lighting) (continued) MONTHLY RATE cont. The customer will, where applicable, be subject to the following conditions in addition to paying the monthly charges set forth above: 1. Customers requiring service where rock or other adverse soil conditions are encountered will be furnished service provided the excess cost of trenching and backfilling (cost in excess of $0.90 per foot of the total trench length) is paid to the Company by the Customer. 2. In the event the customer requires that an underground circuit be located beneath a driveway or other pavement, the Company may require the customer to install protective conduit in the paved areas. PAYMENT For all Residential customers with outdoor lights, bills are due upon presentation and payable at the main or branch offices, or authorized collection agencies, of the Company within twenty (20) days of the bill preparation date. A charge of 1%% per month will be applied to any account balances, excluding local consumer utility taxes, not received by the Company by the next bill preparation date. For all other customers with outdoor lights, bills are due upon presentation. Any amount due and not received at the main or branch offices, or authorized collection agencies of the Company within twenty (20) days of the bill preparation date shall be subject to a delayed payment charge of 1%%. This charge shall not be applicable to local consumer utility taxes. HOURS OF LIGHTING All lamps shall burn from one-half hour after sunset until one-half hour before sunrise, every night and all night, burning approximately 4,000 hours per annum. OWNERSHIP OF FACILITIES All facilities necessary for service, including fixtures, controls, poles transformers, secondaries, lamps and other appurtenances, shall be owned and maintained by the Company. All service and necessary maintenance will be performed only during the regular scheduled working hours of the Company. The Company shall be allowed 48 hours after notification by the customer to replace all burned-out lamps. TERM OF CONTRACT Contracts shall be for an initial period not less than one (I) year and shall remain in effect until either party gives the other 60 days written notice of their intention to terminate the service. SPECIAL TERMS AND CONDITIONS See Terms and Conditions of Service. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) - . . " Exhibit C Page 3 of 3 Original Sheet No. 18-3 APPALACHIAN POWER COMPANY VA. S.C.C. TARIFF NO. 15 SCHEDULE O.L. (Outdoor Ughting-continued) II s IU 6 I III ~ ~ CII....1'I11l .NCIII'I~. ,..NIIl!N... 1'1 NCIII'I. I'It1ON,... u>>.~2 ~ t')1D"~~~Nt 0 CII~2~ ......N ... ~ ~l!!~:il: ....CIIICDCII ;:!i~08NIIlCDCII III .CIICDCII IDCD::....M~ "....~~=~ CII CD;:~~ ......N :Ii ~ ID.......NM CII"'I'ICDN,.. :::~:==::;I:::; i ....t')OO,... 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S ;~ f ~. 1 i; ] ~~ I >!ij .! i~ 1 ~ ; i :s g i I- ~ ~ C L =- :s l5 II! ~ Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5841 FAX (804) 972-4060 May 11, 1994 . Larry E. Jackson, P.E. rketing and Customer Services Manager A palachian Power Company P. O. Box 1000 L nchburg, Virginia 24505-1000 Jackson: closed please find two (2) signed copies of the agreements for e purchase of electricity by Albemarle County. If, when they are ecuted, you could return a signed copy for our files, I would be st appreciative. Sincerely, ~~~ Richard E. Huff, II Deputy County Executive R H,IIjdbm 9 .045 VIRGINIA PUBLIC AUTHORITIES AGREEMENT FOR THE PURCHASE OF ELECTRICITY FROM APPALACHIAN POWER COMPANY THIS AGREEMENT entered into this , 19 , by and between APPALACHIAN POWER hereinafter called "Company," and Albemarle County Supervisors, hereinafter called "Customer." day of COMPANY, Board of : WIT N E SSE T H : For and in consideration of the mutual convenants and agreements hereinafter contained, the parties hereto agree with each other as follows: FIRST: SECOND: THIRD: FOURTH: The Company agrees to furnish to the Customer, and the Customer agrees to take from the Company, subject to the terms and conditions of this Agreement, all the electric energy of the character specified herein that shall be purchased by the Customer on the premises at installations shown on "Exhibit A" attached hereto and made a part of this Agreement. The initial term of this Agreement shall be for a period of thirty-six (36) months beginning July 1, 1993. Unless terminated as hereinafter provided, this Agreement shall continue in effect thereafter for successive periods of one year at rates to be mutually agreed upon by the Company and the Customer. Either party shall give the other not less than 90 days' notice ~n writing of its election to terminate this Agreement at the expiration of any period. The electric energy delivered hereunder shall be alternating current and it shall be delivered at the voltage and other electrical characteristics as set forth on "Exhibit A," which shall constitute the points of delivery under this Agreement. The said electric energy shall be delivered at reasonably close maintenance to constant potential and frequency, and it shall be measured by a meter or meters owned and installed by the Company and located as set forth on "Exhibit A." Normally, the Company will provide one service from its distribution system and all of the electricity supplied to an installation will be measured by one meter, but Company may, at its option, provide as many services and meters as it may deem practicable. When such multiple services and meters are so used, separate bills will be rendered for each metered FIFTH: installation. The electricity will be delivered to such point as may be designated by the Company on the premises occupied by the CUstomer and shall be used only by the CUstomer and upon the premises occupied by the CUstomer. For the purpose of this Agreement, an "installation" means a delivery point, building, part of a building, or group-. of - buildings-- located in such close proximity to each other as to constitute one operating unit occupied by the CUstomer. Those installations to be served by the Company as of the effective date of this Agreement are set forth on attached "Exhibit A." The Company will supply the electricity required by the Customer at such additional installations beyond those being served by the Company as of the effective date of this Agreement as may, from time to time, be requested in writing by an authorized representative of the CUstomer. All services furnished to such additional installations shall be governed by the terms of this Agreement as if such additional installations were being served as of the effective date of this Agreement. Service will be supplied at a single voltage considered by the Company to be standard for the area in which elec- tricity is requested and will be available for general service to municipal corporations and state governmental entities and their agencies, excluding Public Housipg Authorities and the Commonwealth of Virginia, as those terms are used in SSS6-232 and 234 of the Code of Virginia and in pertinent deci- sions of the Supreme Court of Virginia. Extension of Service - Overhead The Company will, for single phase service up to and including 2S-KW estimated demand, extend service not more than lSO-feet from existing secondary facili- ties of 300-volts or less where capacity is presently available, at no charge to the Customer. For service delivered under this Agreement up to and including demands of SOO-KVA requiring new facilities, the Company will: (a) where the estimated revenue for two years exceeds the cost of installation of new local facilities required, provide such service at no cost to the CUstomer (b) where the estimated revenue for two years is less than the cost of installation of new -2- SIXTH: facilities required, provide such service on the condition that the CUstomer pays the difference between the installed cost of the new facilities required to serve the load and the estimated revenue for two years. For service to be rendered for demand levels higher than those specified above, the annual cost to serve the.' CUstomer's - requirements--shcrll- be-- compared with the estimated revenue for one year to determine if a Contribution in Aid-of-Construction, and/or a special minimum or other arrangement, may be necessary. The annual cost to serve shall be the sum of the following components: 1. The annual fixed costs of the generation, transmission and distribution facilities related to the Customer's requirements. These fixed costs will be calculated at 28.17% of the value of the facilities, the value to be based on the previous year-end embedded investment depre- ciated in all similar facilities of the Company. 2. The annual energy costs based on the latest available production costs related to the Customer's requirements. 3. The annual fixed costs of new local facilities necessary to provide the service requested, calculated at 28.17% of the installed cost of such faci.lities. If estimated revenue for one year is less than the cost to serve as described herein, the Company will require the CUstomer to pay a Contribution in Aid- of-Construction equal to the difference between the annual cost to serve as calculated and the estimated revenue for one year divided by .2817, but in no case to exceed the installed cost of the new local facilities necessary to provide the required service. If, however, the annual cost to serve, excluding the cost of local facilities paid for by the Customer, exceeds the estimated revenue for one year, the Company may require in addi tion to a Contribution in Aid-of-construction, a special minimum charge or other arrangement to compensate the Company for such deficiency in revenue. Extension of Service - Underqround Underground service and facilities will be provided by the Company upon payment to the Company of an amount equal to the sum of (1) the difference between the estimated cost of the underground -3- facilities and the estimated cost of overhead facilities that otherwise would have been required, and (2) the amount as determined by the FIFTH Section above using the cost of equivalent overhead facilities. Should the estimated cost of underground facili ties be less than the estimated cost of overhead facilities that would otherwise be required, then the terms of this Agreement relating to overhead extension'of-service-will'apply. SEVENTH: Extension of Service - TemDorarv The Company will supply' electricity, within areas normally served by the Company, to loads of a temporary nature upon payment by the CUstomer of a temporary service charge equal to the nonrecoverable estimated cost of temporary facilities required to serve the Customer plus the cost of removing the facilities. EIGHTH: NINTH: (1) The rates at which the Company shall furnish the electricity herein provided shall be set forth in "Exhibit B" entitled "Public Authority Tariff No.6, Schedule P.A.," attached hereto and made a part hereof. (2) Outdoor lighting service will be furnished in accordance with Schedule O.L. as contained in the then current tariff on file with the State Corporation Commission of Virginia. A copy of present ~chedule O.L. is attached as "Exhibit C. " (1) pavment Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not recei ved by the Company by the next. bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. (2) InsDection It is in the interest of the CUstomer to properly install and maintain his wiring and electrical equipment, and he shall at all times be responsible for the character and condition thereof. The Company makes no inspection thereof and in no event shall be responsible therefor. -4- The Company may require the delivery by the Customer to the Company of an agreement duly signed by the Customer authorizing the connection to the wiring system of the CUstomer and assuming responsibility therefor. No responsibility shall attach to the Company because of any waiver of this requirement. (3) Service Connections The Company will, when requested to furnish service, designate the location of the service connection. The Customer's wiring must, for an overhead secondary service, be brought outside the building wall nearest the Company's service wires so as to be readily accessible thereto. In this case, the Customer's wiring must extend at least 18 inches beyond the building. In all other cases, the Company and the CUstomer will mutually designate a point of delivery best suited to the Customer's and Company's facilities. When a Customer desires that energy be delivered at a point or in a manner other than that designated by the Company, the Customer shall pay the additional cost of same. (4) Relocation of Companv's Facilities at CUstomer's Reauest Whenever at CUstomer's request, Company's facil- i ties located on CUstomer's premises are relocated to suit the convenience of CUstomer, the Customer shall reimburse the Company for the entire cost incurred in making such change. (5) Company's Liabilitv The Company will use reasonable diligence in furnishing a regular and uninterrupted supply of energy, but does not guarantee uninterrupted service. The Company shall not be liable for damages for injury to person or property in case such supply should be interrupted or fail by reason of an act of God, the pUblic enemy, accidents, labor disputes, orders or acts of civil or military authority, breakdowns or injury to the machinery, transmission lines, distribution lines, or other facilities of the Company, extraordinary repairs, or any other occurrence beyond the Company's control, or any -5- n_ u_ __ ___ act of the Company to interrupt service to any customer whenever in the judgment of the Company such interruption is necessary to prevent or limit any instability or disturbance on the electric system of the Company or any electric system interconnected with the Company. Unless otherwise provided in a contract between Company--andCUstomer ,~- the point- at which service is delivered by Company to CUstomer, to be known as "delivery point," shall be the point at which the CUstomer's facilities are connected to the Company's facilities. The Company shall not be liable for any loss, injury, or damage resulting from the CUstomer's use of his equipment or his use of the energy furnished by the Company beyond the delivery point. The Customer shall provide and maintain suitable protecti ve devices on his equipment to prevent any loss, injury or damage that might result from single phasing conditions or any other fluctuation or irregularity in the supply of energy. The Company shall not be liable for any loss, injury or damage resulting from a single phase condition or any other fluctuation or irregularity in the supply of energy which could have been prevented by the use of such protec- tive devices. The Comgany will provide and maintain the necessary line or service connections, trans- formers, meters and other apparatus which may be required for the proper measurement of and pro- tection of its service. All such apparatus shall be and remain the property of the Company. (6) Customer's Liability In the event of loss or injury to the property of the Company through misuse by, or the negli- gence of, the CUstomer, or the employees of the same, the cost of the necessary repairs or replacement thereof shall be paid to the Company by the CUstomer. The CUstomer will be responsible for tampering with, interfering with, or breaking of seals of meters, or other equipment of the Company installed on the CUstomer's premises. The Customer hereby agrees that no one except the employees of the Company shall be allowed to make any internal or external adjustments of any meter or any other piece of apparatus which -6- shall be the property of the Company. The Company shall have the right at all reason- able hours to enter the premises of the CUstomer for the purpose of installing, reading, remov- ing, testing, replacing or otherwise disposing of its apparatus and property, and the right of . entire removal of the Company's property in the event. of the- termination--of- this'~Agreement for any cause. (7) Location and Maintenance of ComDany's EauiDment The Company shall have the right to construct its poles, lines and circuits on the property and to place its transformers and other apparatus on the property or within the build- ings of the Customer, at a point or points convenient for such purpose, as required to serve such CUstomer, and the Customer shall provide sui table space for the installation of necessary measuring instruments so that the latter may be protected from injury by the elements or through the inadvertent acts of the Customer or of any employee of the same. (8) Use of Enerqy bv Customer The service connections, transformers, meters and appliances supplied by the Company for each Customer.have a definite capacity and no addi- tions to the equipment, or load connected thereto, will be allowed except by consent of the Company. The Customer shall install only motors, apparatus or appliances which are suitable for operation with the character of the service supplied by the Company, which shall not be detrimental to same, and the electric power must not be used in such a manner as to cause unpro- vided for voltage fluctuations or disturbances in the Company's transmission or distribution system. The Company shall be the sole judge as to the sui tabili ty of apparatus or appliances, and also as to whether the operation of such apparatus or appliances is or will be detri- mental to its general service. No attachment of any kind whatsoever may be made to the Company's lines, poles, crossarms, struc- tures or other facilities without the express written consent of the Company. -7- TENTH: All apparatus used by the CUstomer shall be of such type as to secure the highest practicable commercial efficiency, power factor and the proper balancing of phases. Motors which are frequently started or motors arranged for automatic control must be of a type to gi ve maximum starting torque with minimum current flow, and must be of a type and equipped with controlling devices' approved" by' the Company. The CUstomer agrees to give reasonable notifi- cation to the Company of proposed increases or decreases in his connected load to prevent operating problems with the Company's facilities. The Company will not supply service to CUstomers who have other sources of electric energy supply except with the special consent of the Company. The Customer shall not be permitted to operate his own generating equipment in parallel with the Company's service except with the written permission of the Company. Resale of energy will not be permitted. This Agreement conditions: is made the following upon (1) That in no event shall any officer or agent of the CUstomer executing or authorizing the execu- tion of this Agreement be held personally liable on account of such authorization or execution. (2) This Agreement shall be binding upon the Company only when accepted by it and approved by its proper official, and shall not be modified by any promise, 'agreement, or representation of any agent or employee of the Company unless incor- porated in writing in this Agreement before such acceptance. (3) The obligations of the Company and the Customer for service under this Agreement are subject to appropriations by CUstomers' governing body to pay for such service. (4) The following sheets, as amended or revised from time 'to time, ar'e attached hereto and made a part hereof: Exhibit A - Present Listing of Accounts Exhibit B - Schedule P.A. -8- ELEVENTH: TWELFTH: Exhibit C - Present Schedule O.L. There are no unwritten understandings or agree- ments relating to the service hereinabove provided. This Agreement cancels and supersedes all pre- vious agreelIlents relating to- the-purchase by the Customer and sale by the Company of electric energy at the CUstomer's premises as referred to above. County of Albemarle CUSTOMER:{;J~ ~~ APPALACHIAN POWER COMPANY BY: BY': Chairman, Albemarle County TITLE: Board of Supervisors TITLE: Division Manaqer DATE: May 9, 1994 DATE: -9- AIBEl\1ARLE CDUNI'Y BOARD OF SUPERVISORS ACCDUNJ NUMBER SERVICE lOCATION SERVICE VOLTAGE & PHASE EXHIBIT A DELIVERY fOINT AND/OR M8I'ER LOCATION --------- ---------- ------------------------------ --------- ------------------------------ 2-811-14 77147-0-1 2-811-14-86530-0-7 2-811-14-86540-0-5 2-811-15-97531-0-0 2-811-16-87845-0-0 2-811-16-87957-0-4 UPDATEp 2/94 Carmunications Tower Fan lVbuntain Road, Covesville Walnut Creek Park - Info North Garden Walnut Creek Park - Concession North Garden Totier Creek Park State Rt. 845, Scottsville Scottsville Recreation Center Page Street, Scottsville Jefferson/Madison Library Bird Street, Scottsville 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 120/240 1 Phase 208/120 3 Phase 208/120 3 Phase East exterior wall of building Exterior wall of infortlB.tion building Private meter pedestal adjacent to pavilion Private meter PJle in park adjacent to lake Meter on north wall of gym building (pad 816-350) North exterior wall of building (u/g 816-76) APCD PA ID # 008-1100 EXHIBIT B PUBLIC AUTHORITY TARIFF NO. 6 APPALACHIAN POWER COMPANY RATE SCHEDULE TERMS AND CONDITIONS OF SERVICE GOVERNING SALE OF ELECTRICITY TO PUBLIC AUTHORITIES JOSEPH H. VIPPERMAN, PRESIDENT ISSUED: January 14, 1994 EFFECTIVE: July 1, 1993 ~- )l PPALACHIAN POWER COMPANY EXHIBIT B Page 1 of 2 PUBLIC AUTHORITY TARIFF NO.6 SCHEDULE P.A. A~ AILABILITY OF SERVICE Available for general service to municipal corporations and state governmental entities, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms are used in ii56-232 and 234 of the Code of Virginia and in pertinent decisions of the Supreme Court of Virginia. IV ONTHLY RATE (Tariff Codes 804, 80S, 806) Effective 7/1/93-12/31/93 1/1/94-6/30/95 7/1/95-6/30/96 CUSTOMER CHARGE per service connection $9.70 $9.15 $9.25 SCHOOLS (804) per K\JH consumed 5.518e 5.326e 5.386e ALL OTHER (805) per KWH consumed 5.15le 4.972e 5.028e WATER PUMPING. SEWAGE PUMPING. AND SEWAGE DISPOSAL SERVICE (806) per KWH consumed 4.523c 4.365e 4.414e MEASUREMENT OF ENERGY Energy supplied hereunder will be delivered through not more than one single phase and/or one polyphase meter for each service connection. FI~EL ADJUSTMENT CLAUSE Bill s computed accordi ng to the rates set forth herei n wi 11 be increased or decreased by a Fuel Adjustment Factor per K\JH calculated in.compliance with the Fuel Adjustment Clause attached hereto. PJ~YMENT Bills are due upon presentation and payable at the main or branch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not received by the Company by the next bill date. If the Company fails to mail bills promptly after the billing date, the due date will be extended accordingly. The Customer may designate its billing address. SltECIAL TERMS This schedule is subject to all terms and conditions contained in the agreement for electric service entered into between the Company and each city, county and town governmental authority. Issued: January 14, 1994 Effective: July 1, 1993 Issued By Joseph H. Vipperman, President Roanoke, Virginia --I - , A PALACHIAN POWER COMPANY EXHIBIT B Page 2 of 2 PUBLIC AUTHORITY TARIFF NO.6 SCHEDULE P.A. F EL ADJUSTMENT CLAUSE When the estimated unit cost of fuel (Fm/Sm) used to meet Appalachian Power Company's Net Energy Re uirement less losses (Sm) is above or below the base unit cost of 12.8000 mills per ki10watthour (Fb/Sb), an additional charge or credit equal to the product of the actual kilowatthours used and a fuel clause ad ustment factor (A) shall be made, where (A), calculated to the nearest 0.0001 mill per ki10watthour, is as defined below: Adjustment Factor (A) - Fm - EQ SIn Sb Any difference between the estimated cost of fuel used to meet Appalachian Power Company's Net Energy Re uirement and the actual cost of such fuel will be reflected in the calculation of the Fuel Adjustment Fa tor in the second succeeding month. In the above formula (F) is the expense of fossil and nuclear fuel in the base (b) and current (m) pe iods; and (S) is the KWH sales in the base and current periods, all as defined below: Fuel Costs (F) shall be the cost of: (a) fossil and nuclear fuel consumed in Appalachian Power Company's plants, and Appalachian Power Company's share of fossil and nuclear fuel consumed in jointly owned or leased plants; (b) the actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in (c) below; (c) the net energy cost of energy purchases, exclusive of capacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on an economic dispatch basis (included therein shall be such costs as the charges for economy energy purchases and the charges as a result of scheduled outage, all such kinds of energy being purchased by Appalachian Power Company to substitute for its own higher cost energy), and less; (d) the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy sales a~ other energy sold on an economic dispatch basis. Sales (S) shall be equated to the Sllll of (a) generation, (b) purchases, (c) interchange-in, less (d) en rgy associated with pumped storage operations, less (c) inter-system sales referred to in (d) above, less (f) total system losses. Sales (S) shall be modified to reflect losses of 10.51X associated with Appalachian Power Company's deliveries to customers served under this schedule. The adjustment factor developed according to the preceding paragraphs may be further modified to allow th recovery of gross receipts or other similar revenue based tax charges occasioned by the fuel adjustment rev nues. The cost of fossil fuel shall include no items other than those listed in Account 151 of the Commission's Un! orm System of Accounts for Public Utilities and Licensees. The cost of nuclear fuel shall be that as sho in Account 518, except that if Account 518 also contain~ any expense for fossil fuel which has already bee included in the cost of fossil fuel, it shall be deducted from this account. All references to the C ission's Uniform System of Accounts for Public Utilities and Licensees shall be to such Uniform System of ccounts for Public Utilities and Licensees as is in effect as of December I, 1975. Iss ed: January 14, 1994 Effective: July 1, 1993 Issued By Joseph H. Vipperman, Preaid8llt Roanoke, Virginia APPALACHIAN POWER COMPANY VA. S.C.C. TARIFF NO. 15 SCHEDULE O.l. (Outdoor lighting) A V AILABILITY OF SERVICE Exhibit C Page 1 of 3 Original Sheet No. 18-1 Available for outdoor lighting to individual customers located outside areas covered by municipal street lighting systems. MONTHLY RATE A. Overhead lighting Service For each of the following, the Company will provide lamp, photo-electric relay control equipment, luminaire and upsweep arm not over 6 feet in length, and shall mount same on an existing wood distribution pole or on a new wood distribution pole to be installed by the Company which can be connected to existing secondary facilities by one span of not over 150 feet. Rate Per Month Approx. Base Levelized Wattaqe Lumens Type of Lamp Rate Fuel $ $ 100 9,500 High Pressure Sodium 8.13 plus .64 200 22,000 High Pressure Sodium 9.51 plus 1.34 400 50,000 High Pressure Sodium 10.81 plus 2.65 175 7,000 Mercury Vapor 6.68 plus 1.14 250* 11 ,000* Mercury Vapor 8.73 plus 1. 59 400 21,000 Mercury Vapor 10.29 plus 2.51 *Effectiye August 28, 1990, the 250 watt 11,000 lumen mercury vapor lamp will no longer be available for new installations or for repair or replacement of existing units. Tari ff Code 094 097 098 093 096 095 . . When new facilities in addition to those specified above are to be installed by the Company. the customer will, in addition to the above monthly charge, pay in advance the Installation cost of such additional facilities. B. Post-Top Lighting Service For each of the following, the Company will provide lamp, photo-electric relay control, post-top luminaire, post and installation (the type and height of which will be consistent with the Company's construction standards), including underground wiring for a distance of 30 feet from the Company's existing secondary facilities. Rate Per Month Approx. 8ase Levelized Wattaqe lumens Type of Lamp Rate Fuel -r $ 175 7,000 Mercury Vapor 7.92 plus 1.14 70 5,800 High Pressure Sodium 11.80 plus .46 100 9,500 High Pressure Sodium 11.80 plus .64 Tariff Code 099 106 111 When the customer's service requires an underground circuit longer than 30 feet from existing secondary facilities for post-top lighting service, the customer will pay to the Company, in advance, a charge of $0.90 per foot for the length of underground circuit in excess of 30 feet. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) Exhibit C Page 2 of 3 APPALACHIAN POWER COMPANY Original Sheet No. 18-2 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.L. (Outdoor Lighting) (continued) MONTHLY RATE cont. The customer will, where applicable, be subject to the following conditions in addition to paying the monthly charges set forth above: 1. Customers requiring service where rock or other adverse soil conditions are encountered will be furnished service provided the excess cost of trenching and backfilling (cost in excess of $0.90 per foot of the total trench length) is paid to the Company by the Customer. 2. In the event the customer requires that an underground circuit be located beneath a driveway or other pavement. the Company may require the customer to install protective conduit in the paved areas. PAYMENT For all Residential customers with outdoor lights, bills are due upon presentation and payable at the main or branch offices, or authorized collection agencies, of the Company within twenty (20) days of the bill preparation date. A charge of 1~ per month will be applied to any account balances, excluding local consumer utility taxes, not received by the Company by the next bill preparation date. For all other customers with outdoor lights, bills are due upon presentation. Any amount due and not received at the main or branch offices, or authorized collection agencies of the Company within twenty (20) days of the bill preparation date shall be subject to a delayed payment charge of 1~. This charge shall not be applicable to local consumer utility taxes. HOURS OF LIGHTING All lamps shall burn from one-half hour after sunset until one-half hour before sunrise, every night and all night, burning approximately 4,000 hours per annum. OWNERSHIP OF FACILITIES All facilities necessary for service, including fixtures, controls, poles transformers, secondaries, lamps and other appurtenances, shall be owned and maintained by the Company. All service and necessary maintenance will be performed only during the regular scheduled working hours of the Company. The Company shall be allowed 48 hours after notification by the customer to replace all burned-out lamps. TERM OF CONTRACT Contracts shall be for an initial period not less than one (1) year and shall remain in effect until either party gives the other 60 days written notice of their intention to terminate the service. SPECIAL TERMS AND CONDITIONS See Terms and Conditions of Service. Issued: May 4, 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 Issued By Joseph H. Vipperman, President Roanoke, Virginia Effective: May 4, 1993 (UNDER BOND) APPALACHIAN POWER COMPANY t :s ~ ... c:l I III a: ~ ~- 5g :~ l:S! c... ia: 00 :10 1$ ~~ ~~ ~~ ~c:l 8::1 >toi ~~ lI1!lIl ~ ~ o 2 ... c ... o ... ! l i o !I :! ~ ! ~ s i !. o 1 I ! 1 j s Ie :I ~ !i: S! z ... ... c I 110. !M 2 ;:) ~ ... : · i ~ 0 I c ~a: ;j ~f ~e "'c ei u ~ Cft-fOMID I'ICDN,...O ......N ~ z OIDOOO M,......CO.. ......N ~ ~ ! c LD-_NM M""-IDM ......N ~~~~lll ... ... ""'U)a)4D.- NIOCD~~ ~ ~,:e~::: ... ... Ii ~ NLD_,....m N...,...Ol", ... > ; lD-cnmco NLDt--OCD ... ... f c Ill,... OlN co NID IIlN III ... ... cC ; ~r;~~~ ......N iii ~ ~~~~~ ......N Ii c ., ~~~g~ ......N g~!(gS1 -N.CO(S ... NOlIDIDO "'~~~~ 000 ~!!!!!!~ ..... IHJH ~ ~~~~~! fi j...N...fO... ; Issued: May 4. 1993 Pursuant to Interim Order Dated December 29, 1992 Case No. PUE920081 VA. S.C.C. TARIFF NO. 15 SCHEDULE O.L. (Outdoor Ughting-continued) .NCIII'I~OlI &O.~2M~ -COeftlrDG) IDClO~"'M~ en -_ M CD N po.. .cg;:~~~ "'Ol""N,...1'I "'fOCIIlDlDfO "'NI'I 1II:IUI~;:; "'NI'I MID........"'_ I'I1D,...NOOl "'NN -NNIllllltMN MLD""'_cn,.... ......N IDCD"'''''ID~ M~CDN_ "'N OlIDON_~ l'lfOCII...... "'N 0lI00ll""1'I~ "'''''OfOCD ...... N COCOCO""M~ "'''''OCOCD ......N .18;~:~~ "'-MIIIIIIt gO...... MID -N~~i~ ... -00 0 o " "_ . .,;!!!!!!!!!!!! i~~~~ ~~!(g2 ....N.,...~ ... ..;..;.;..;..; ~8888 CD"";";";"; -N.CA ~~-'-'-' ~~~~~ ":ocri..;.o ...-M.... ,...NIDCDN.",. MIDr-.~~=N' "'CDogNIDCDOl M"r-._~:=: ::t~:=:!::;1Il~ ---lIIIt l!a~:;;iii=~~: ......1'1 :e~Ui~i~~;:; ......1'1 N-IDLDCft...,co_ NI'I...fO,...CIIN'" ...N N~~;~lIl~1:! "'N :::::t~I:=~~ ...1'1 fOfOl'lfOI'IOO~ N MID..... crl_Lb ... ... OI'lNOlOlCDO!( r')"q)ao5!~~:;: OMNOlOlCDfO~ l'I"'fOCDON,... ...... ... .........001'10,... 1'1 ID,...OM ID..."" ...-....N~ 0lI"'0lI1'10l1ll~1II CDN,...IIIOfO 1'1 "'.-NMM ~ ... 00000 0 !!i!!!!!!!!~!! ~~~~~~~~ gg~g~~!(!( --NN""~~ ... ";";";";";";..1"; ~~88~888 .ocri:~~:;g~ ~-'-'-'-'~.",,-': c >~~~~~~88 111I" CD" .... cri . ..; .0 .0 """'NM"'N ... W Issued By Joseph H. Vipperman, President Roanoke. Virginia Exhibit C Page 3 of 3 Original Sheet No. 18-3 1'1 o ... NOll'lfO CII~~' ID Ol fOCIICDOl CD::~~ i -""(1),... CD"",...N ......ot ,... ,... OlCONI'I fO"'lDfO "'l'I g : 1Il Ill;:; "'1'1 :0 ID,........- ID,...NOl ...N III NN"'N &0,........,... "'N ~ CD...,...... IDCDNO "'1'1 N ,... l8i~~ "'1'1 ... CD COCO,...~ ""oco ... ... ~ COCO,...~ ""0 co ... ... ;; ... .-,..,.0)..... OlNOl,... ......... ~ N fO-llltLO -O,....M NM'Ilt'": ... eeee ~~~~ ~~~~ ... .;.;.;.; ~ 8~88 l!! ';0.00 I ""NM:: i~ 9........ I~ ~~~~~ o CO""CDCD It'" W....NIIl Effective: May 4, 1993 (UNDER BOND) ! ,1 -.L j) ",_ -t'1\..~_..;J'. ,",,"'-CA \ {)'C " r .' I "- V /:'/"4 (~> i' ,;h. t r _j r 'c- ~7 /(:-, ;:1 '/(~' . ._ ,j. Appalachian Power Company PO BOX 1100 ROANOKE VA 2~O~q H I;Cj;:i,a 170001.10 1.,/ ALBEMARLE CTY q01 MCINTIRE RO - ENG OEPT CHARLOTTESVILLE VA 22901 281198700010~ OOOOq82qbOOOO~82qb9 MARCH 1991J I Last Pay Date , Aller Last Pay Date Add I Pay This Amount q82.lfb Please Return This Portion With You, Payment - ----------------------------------------------------------------------------- MARCH 1991f Account Number: (Please Use When You Call or Write) 2 811 98 70001 0 If Service Address ALBEMARLE CTV 40J. MCINTRE RO CHARLOTTESVILLE VA Office LYNCHBURG 22901 Installations.Removals Service Oatelnstalled-! No. Of Ord., No. Date Removed.JI Nights ......, Of UnIt. Rate Amount HER OH SL WO HER OH SL WO 72 5.53 6.39 1f31.31J 51.12 ..,.. ~ :ode M~R 'L 9 \9 4 NG\ EE. \NG ~ ATE PAYMENT CHARGE JF 1-1/2% PER MONTH WILL ~E ADDEO ON ANV BALANCeS JU STANDING AT THE TIME JF PREPARATION OF NEXT BILL TOTAL AMOUNT DUE q82.lf6 ~ APPALACHIAN IiiiI POWER .'" l'~d",,1 H.HrV C. Daniel Ch~tcrfi~ld C"unty Prcsidcrll-Flrr' l'eggy R. Wiley Creensville County Firsl Vice Presidml William H.H. Blevins Smyth County St'cofTd Via Presidtnt Harper R \'Vagner llath County Srcutary- Trcasllrer E. Virgil Sampsoll Jr. Scott County Immediate Past President Kalhl",," K. Seefdldl Prince William County Region 1 William E. Belyin Cloucester Cou(lty Region 2 Marion B. Williams Prince George County Regia" 3 James H. BowlesSr. Goochland Coul\ty John A Waldrop Jr. Henrico County Arthur 3. V,'arl~ll Chesterfield Cou.,.ty Regio~ 4 lohn J.l'ur~eUJr. Louisa County Region 5 Charles W C ucry Augusta COUflty RegIOn 6 John M. Nolan Orange County Region 7 Ferris M. Belman'Sr. Stafford County Hubert S Gilkey III Rappahannock County ReglOl1 8 Wdham J. Be<ker rnnce William County Thomas M. Davis ill Falrfa), County Rc>t...,rt B D" Ir Fairfa... Cou/lty Katherine K. HanJIe)' Fairfa. Cou('\ty G~>ra]d \\' Hvla.nd Falrfa\ C~U/lr-y John D ]enk.ms Pnnce Wilham Courty William T Newman Arlmgton County RegIOn 9 Wanda C \\'ungo l~'lt'!()llrt Cnllht)' Rt'SlO/110 ClfMdu':> C Fqrn franklin County Mason A. Vaughan'Sr. Pulaski County Region 11 Marvin J, Hutlblc Smyth County Res'on 12 KC'nncth C. Malhews Washlnglon County Past Pusidents W [) Grav RKhmond Couhty Jack D Ed~'ards James City County [:ucutil't' O"cC!tor Jamt.'"S D. Camp~'lI. CAE Gencral COl/IlSt'/ C Flippo Hicks @ I' VIRGINIA ASSOCIATION OF COUNTIES 1001 East Broad Street · Suite LL 20 · Richmond, Virginia 23219-1901 · (804) 788-6652 · fax (804) 788-0083 MEMORANDUM TO: County Administrators and City/Town Managers in the Appalachian Power Company Service Territory and Members of the VML/VACO APCo Steering Commi.ttee FROM: Richard Flora, Chairman VML/VACO APCo Steering Committee DATE: January 19, 1994 RE: VML!VACO Rate Negotiations with Appalachian Power Company We are pleased to announce that the VML/VACO APCo Steering Committee has finally reached an agreement with Appalachian Power Company ("APCo") for electric service to the political subdivisions in the APCo service area. Several issues made negotiations between the parties more difficult and more time consuming than usual, and thus negotiations terminated later than usual. We believe, however, that the end result is advantageous to local government; it is substantially less than that originally proposed by APCo. The principal terms of the agreement which were negotiated by the Committee's counsel, C. F. Hicks, Howard W. Dobbins, and Sarah Hopkins Finley with input and guidance .from the Committee are as follows: 1. Local governments will be offered new contracts for a three year term beginning July 1, 1993 through June 30, 1996. 2. With respect to general service, school and pumplng rates, APCo origi~ally proposed r~tp.s which totalled $4.4 million over the three year period; $946,000 the first year and $1.73 million in each of the second and third years. As nO\-J agreed by APeo, the ratei:'1crease for the three year period totals $1.375 million and will be apportioned as follows: a. Rates for the period July 1, 1993 through December 31, 1993 will be the rates Appalachian placed in effect on July 1, 1993. These rates have been described as the 5% increase or $946,000 annual increase rates. RECEfVED JAN i 5 1994 ~, .~~.~.~~'~t ~ -NGINEERiNG JtlN 21 1994 '. ,j. ,~. .t' .'~~ ..~ ~1 Q"- ~.~ '" .. I I I I b. Effective January 1, 1994, rates will be revised Aownward to reflect a $300,000 (1.6%) annual increase in revenues above tates in effect on June 30, 1993. These revised rates will apply for 4ervice during the period January 1, 1994 through June 30, 1995. During {ts next billing cycles, APCo will make adjustments to all individual *ills rendered during the period January 1, 1994 through the date that qhe revised rates are first placed in the billing system so as to ~eflect the revised rates for service rendered from January 1, 1994. I I c. Effective July 1, 1995, rates will be revised to rtflect 4 $500,000 12.5%1 annual increase above the rates in effect on Jun 30, J!.993 (and only a $200,000 annual increase over 'the rates in E~ffect 1uring the previous 18 months). These rates will be effective for the ~eriod July 1, 1995 through June 30, 1996. 3. With respect to street lighting rates for political ~ubdivisicr.s, APCO originally proposed rates representing a S125,OOO ~6.5%) annual revenue increase over the rates in effect June 30, 1993. ~ocal governments have been paying rates reflecting this increase since ~uly 1, 1993. The agreement between APCo and the Steering Committee clllows APCo to retain this revenue through December 31, 1993.. However, ~treet light rates will be revised as of January 1, 1994 to reflect a J'ominal 1.5% increase in annual street light revenues above the rates in ffect on June 30, 1993. These revised rates will be applicable for the eriod January 1, 1994 through the remainder of the contract period nding June 30, 1996. I i Of course, each locality must enter into an agreement withAPCo 0hich must be approved by the locality'S governing body. However, we ~'trOnglY recommend the agreement negotiated by the Steering Committee, nd are confident that, as in the past, each locality will accept the teering Committee's recommendation in lieu of individually negotiating ~ts own contract. Contracts are being prepared for each political ~ubdivision and will be presented to you in the near future by APCo. I If your locality has not paid its assessment to pay negotiating ~xpenses, we hope it will do so. The rates negotiated over t:he three ~ear contract period provides savings to our localities many, many times ~reater than the assessment which was required to finance the ~egotiations. Any unused amounts from the assessment will be retained iln c: separate account by V:A.CO for future negotiations. Each locality ~e~0fits from this collective effort; it is only appropriate that each l~cality share the expenses for such. If your locality has not paid, an i~voice is enclosed for its assessment. I I ! Any questions should be addressed to me or to ~oward W. Dobbins and Sarah Hopkins Finley at (804) 783-6481 or Ci F. Hie k sat ( 804) 788 - 6 6 52 . Appalachian Power Company PO 8'" 10'1:1 Lyr'~"~JiJ'g VI< ?4:)(J~ 100rl 8f!': ~?? 4fj(J'J ~ :: APPALACHIAN POWER 'COUNTY OF ALBEMARLE' r . ~ Mr. Guy B. Agnor, Jr. County Executive County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 June 25, 1990 EXECUTIVE OFFICE Dear Mr. Agnor: Please find enclosed for your files one fully executed copy of the new 10-year street lighting agreement between Appalachian Power Company and the County of Albemarle. Don't hesitate to call if I can be of any assistance to you or your staff in the future. Sincerely, L~l~ Marketing and Customer Services Manager Enclosure .,.-/ . WIT N E SSE T H I For and in con.ideration of the mutual covenant. and agreement. einafter contained, the partie. hereto agree with each other.a. follow.. 1. Throughout the term of thh agreement, the Company agree. to vide and maintain a .treet lighting .y.tem for the Cu.tomer, con.i.ting tia11y of the number of lamp. of the .iEe and type .et forth below, together h electric energy .ufficient to operate .aid lamp. continuou.ly from one-half rafter .un.et until one-half hour before .unri.e every night, approximately 00 hour. per annum. SIZE IN LUMENS TYPE 1':\1b 7,000 OVH. MV WOOD POLE 11,000 OVH. BV WOOD POLE .' It is agreed that the minimum number of lamps provided and maintained by the Co any throughout the term of this Agreement shall not be less than the total nu er of lamps set forth above. 2. The Customer agrees to accept the service herein specified during term of this Agreement and to pay therefor at the rates, for the periods, and und r the Special Terms and Conditions of Service set forth in the attached Exh 'bit A, or any subsequent revision thereto. The rates and rate periods pro ided for in this Agreement shall be subject to revision for street lighting ser ice rendered on and after July 1, 1987, and periodically thereafter. The rev'sions will be those established for street lighting in Virginia through the Com any's negotiations with the Customer or those authorized to negotiate on the Cus om~r' s behalf. The rates charged pending completion of such n"!gotiations sha 1 be those proposed by the Company and such rates shall: .be 'colle:cted ~y the~' Com any subject to refund (with interest at the rate thim beih"1] paid "by the Com any on its customer deposits in Virginia) in the event that the rates ult mately agreed upon by the Company and the Customer are less than the rates pro sed by the Company. 3. Upon receipt of a written notice from a duly authorized represent- alatmi e of the Customer, the Compapy',agrees to install ad.ditional lamps. _.such',.} . s shall be provided by\the Company and paid for by the Customer in accordance wit the rates and Special Terms and Conditions of Service set forth in the att ched Exhibit A, or any s.ubsequent revision thereto. Whenever additional lam s are so ordered~ the' minimum number of lamps to be furnished throughout the rem inder of the period. covered by this Agreement shall be increased accordingll. Tem rary lamps, if ordered, shall be furnished under separate agreement. _/ Ag du 1.9 4. The Company reserves the right to renegotiate the terms of this eement whenever the Customer reque8ts a 8ignificant (l0' or IIlOre) increase ing any twelve-month period in the number of' lamps provided pursuant to this eement. pr ac ba ma de to 5. All bills shall be rendered monthly and shall be due upon sentation and payable at the main or branch offices of the Company. On all ounts not 80 paid, a charge of 1-1/2' per month will be applied to any account ance8 not received by the Company by the next bill date. The Company shall 1 all bills to the address designated from time to time by the Customer. Such ignation shall be made by written notice maileft or ldeli,.vered by the Customer the Company at the following address: P. (). 1Jo;~ . U U u 0::.: Uvl.; l'~u.l.n ~t.., J.o}'liC!l1.JU1:'9, v..... 6. All material furnished by the Company shall remain the property of Company and may be removed at the termination of this Agreement, if the any 80 desires. 7. The Company shall keep each and every lamp herein specified in and shall attempt to relight any lamp or lamps on the business day owing the day of its receiving written notification from the proper officers he Customer of the outage of such lamp or lamps. Company shall also use its efforts to repair reported outages from other sources during the business following its knowledge of the outage. 8. I f the Customer shall default in the payment of any bills as inbefore provided, the Company may at its option, after having given ten (10) I written notice of its intention to do so, discontinue the service herein ified and continue to withhold the supply of electric energy for stre,et ting until such time as the Customer has made payment for all bills in which is in arrears. Any such suspension of service by the Company shall not inate this Agreement unless Company so elects. 9. The. Customer, as a further consideration for the promises and ements made by the Company herein set forth, hereby grants to the said any the privilege of the use of the streets, alleys and public places of said orner for the purpose of placing its poles and equipment for providing this ice. Such permission, however, shall not be deemed in any manner to amount a franchise awarded pursuant to the Constitution and the laws of the onwealth of Virginia. 10. All and singular the terms and conditions of this Agreement shall inding upon and inure to the benefit of the parties hereto, their respective essors and lor assigns. 11. This Agreement cancels and supersedes all previous Agreements to the supply of the service described herein. 12. The effective P.~t~ ~,th~~weem.ent shall be Jun~ and 't shall terminate on ~ , ..., 19~U IN WITNESS WHEREOF, the parties hereto have caused these presents to be by their duly authorized officers the day and year first APPALACHIAN POWER COMPANY .~1~4o-:e~~ar VIS0R~ OF l.l..nr.;lil~lu.:c l.:vtmr;,~ rI Yh~ BY: ~~~~ /~~Lk BY: APPALACHIAN POWER COMPANY . . Page 1 of 2 AVAILABILITY OF SERVICE Virginia - Street Lighting Rates Available for lighting service sold for the lighting of public streets, public highways and other public outdoor areas in municipalities and political subdivisions where such service can be supplied from the existing general distribution system. MONTHLY RATE A. Overhead Service on Existin~ Secondary Distribution Facilities 1. Mercury Vapor 3,500 Lumen From 07/01/87 To 12/31/87 ~/lamp From 01/01/88 To 06/30/90 S 11 amp Cost of Facilities Included in RAte (S) 4.05 4.05 The 3,500 lumen luminaire is no longer available for replacement or for additional installations. 2. Mercury Vapor 7,000 Lumen . . . 6.21 5.71 234.00 11,000 Lumen . . 7.03 6.46 263.00 21,000 Lumen . 8.92 8.19 274.00 58,000 Lumen . . 15.41 14.17 414.00 3. Hi~h Pressure Sodium 5,800 Lumen . . . 5.41 4.96 262.00 9,500 Lumen . . 5.95 5.47 235.00 16,000 Lumen . . . 6.49 5.97 236.00 22,000 Lumen . . . 7.84 7.20 285.00 50,000 Lumen . 10.27 9.44 319.00 B. Service on Special Company Owned Standard Metal Concrete, or Ornamental Poles, or Wood Poles ~ervec1 trom Unc1er~rounc1 D1strlbutlon 1. Mercurv Vapor 7,000 Lumen . . 11 ,000 Lumen . . . . 21,000 Lumen . . . 58,000 Lumen . . . . 2. Mercury Vapor Post Top 7,000 Lumen . . . 3. Hi~h Pressure Sodium 5,800 Lumen . 9,500 Lumen . . 16,000 Lumen . . . . 22,000 Lumen . . . . 50,000 Lumen . . . . 4. Hi~h Pressure Sodium Post Top 9,500 Lumen . . . . Issued: January 26, 1988 13.24 12.17 647.00 15.13 13.92 733.00 17.02 15.65 744.00 24.33 22.36 932.00 5.95 5..46 311. 00 12.44 11. 44 675.00 12.97 11.93 648.00 14.60 13.43 706.00 15.94 14.66 755.00 19.19 17.63 837.00 5.68 5.22 303.00 Issued By John W. Vaughan, President Roanoke, Virginia Effective: July 1, 1987 A PPALACHIAJII POWER COKPAJfY . . Pag_ 2 of 2 , Virginia - Street Lighting Rates SPECIAL TERMS AND CONDITIONS The above rates under Sections A and B are based on the Company's making an investment in new standard facilities in the amount as shown adjacent to the rate. When the investment in new standard facilities, including costs for service from underground, exceeds the pr~described amount, the difference will be paid to the Company by the Customer as a Contribution in Aid of Construction. Decorative and other non-standard fixtures and/or poles are not included in the standard street lighting rate but may be installed at the Company's option. For new installations of more than 50 decorative or nonstandard fixtures and related facilities by . single customer, the Company ~ll install and maintain the nonstandard facilities subject to the monthly charges for' a standard street light of equivalent wattage in Sections A and B above and subject to the Company's recovering the difference between the installed cost of the nonstandard facilities and the Cost of Facilities included in the rates in Sections A and B above. The customer agrees to maintain a stock of replacement poles, fixtures and lamps which the Company will acquire, as needed to accomplish replacements. Charges and provisions of service for new installations of less than 50 nonstandard fixtures and/or poles will be subject to individual negotiations. Customers may request that existing Mercury Vapor lights be removed and replaced by High Pressure Sodium Vapor lights. Where such a request is made, the Company and the customer ~ll identify' an orderly and mutually acceptable schedule for accomplishing the requested conversion. Where 3,500 lumen Mercury Vapor street lights are to be replaced with Sodium Vapor street lights, such changes will be made, pursuant to an agreed schedule, at no charge to the customer. For conversion of all other Mercury Vapor street lights, the customer agrees to pay to the Company, prior to such conversion, an amount equal to the removal cost of $45 per street light plus the remaining unused life of the Mercury Vapor facilities being removed. In those instances where the Mercury Vapor facilities being removed have been installed for 20 years or longer, there will be no charge for the remaining ~nused life of the facilities being removed. . , Existing street lighting facilities served on special Company owned metal, concrete, or ornamental poles, and wood poles served from underground distribution ~ill be billed under the rates contained in Section B. Service to Customer owned facilities, such as bridge lighting, etc., will be ~illed under the rates contained in Section A. Issued: January 26, 1988 I ssued By John W: Vaughan, President Roanoke, Virginia Effective: July 1, 1987 A .' · RES 0 L UTI 0 N Super Albern provi said there was this day presented to the Board of isors a proposed contract between the Board of Supervisors rle County, Virginia, and the Appalachian Power Company ing for street lighting, dated June 1, 1990, as set out in roposed contract; and of the terms and conditions of said proposed contract and acceptable to the Board of Supervisors; THEREFORE, BE IT RESOLVED by the Board of Supervisors of County: That said contract be and hereby is approved and accepted R. Bowie, Chairman, be and hereby is authorized to deliver said contract for and on behalf of Albemarle ( ) That Lettie E. Neher, Clerk, be and hereby is authorized and ected to affix the seal of Albemarle County to said contract and est the same. signature. * * * * * I writin Board meetin Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution adopted by the f Supervisors of Albemarle County, Virginia, at a regular held on June 13, 1990. ~o~~rs , .. '.:~'" ")~ '. ^".f!/!-//?:7 COUNTY OF ALBEMARLE " ?j(<?;{di! 5// EXECUTIVE SUMMARY MAY BACKGRO By virt March 2, public the Cou documen AGENDA DATE: May 4, 1994 ITEM HUMBER: AGENDA TI Designati n of County's Agent for Federal Emergency Management Agency Disaster Reimburse ent '. '-' .-..." ACTION: INFORMATION: SUBJECT P Request f County's assistanc storm. CONSENT AGENDA: ACTION:~ INFORMATION: STAFF CO Messrs. REVIEWED BY: ~ ATTACHMENTS: Shaw of Governor Allen's Disaster Declaration for Albemarle County as a result of 1994 snow and ice storm, the County may be eligible for some reimbursement for penditures resulting from the storm itself. In order to apply for reimbursement, ty must designate an agent to act on its behalf for filing the necessary ation. This designation must be done formally using the attached resolution. DISCUSSION: Mr. Dav'd Shaw, the Director of Administrative Services for the Police Department, has volunte red to coordinate all County submissions for financial assistance from the disaste which may well include Parks & Recreation snow removal expenses, Police Departm nt over-time and miscellaneous other public expenditures. ATION: commends that Mr. David Shaw be designated as Albemarle County's Agent for of filing for financial assistance for the March 2, 1994 storm by adopting the resolution. 94.059 'lr DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY the Board of County Supervisors (Governing Body) OF Albemarle County. Vire:inia. (Public Entity) HAT David Shaw. (Name of Incumbent) Director of Administrative Services for the Albemarle County Police (Official Position) I De artment is hereby authorized to execute for and on behalf of Albemarle Countv. a public entity tablished under the laws of the Commonwealth of Vire:inia. this application and to file it in the a propriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster elief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. FURTHER RESOLVED THAT Albemarle County. a public entity established under the laws of t e Commonwealth of Vire:inia. hereby authorizes its agent to provide to the State and to the Federal mergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the a surances and agreements printed on the reserve side hereof.. . Passed and approved this ~ day of Mav. 1994. ?)d./4~~ (Name and Title) (Name and Title) (Name and Title) CERTIFICATION I, Ella W. Carey , duly appointed and Clerk of the Board of ervisors do hereby certify that the above is a true and correct copy of a resolution Board of County Supervisors onthe day of May .19~. May 4. 1994 ca t{ i J CCZ/lLt (Signature) V Clerk, Board of County Supervisors (Official Position) , f" COUNTY OF ALBEMARLE EXECUTIVE SUMMARY . .... 4.~...J'/ . // ;Jg~.5~ .. ,j ,', ~,.) AGENDA T TLE: Proposed Six Year Secondary Road SUBJECT To advis estimate (Mclntir implicat Secondar AGENDA DATE: May 4, 1994 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION:~ ATTACHMENTS: STAFF CO Messrs. REVIEWED BY: Benish DISCUSS ON: Since t e Board's April 6 worksession on the Six Year Secondary Road Plan, VDOT has developed a new cost estimate for the County portion of the Meadow Creek Parkway project (priority #6) from Mc ntire Road to Rio Road. The new estimate is $10,280,157. The previous cost estimat was $6,440,000. This new estimate is a result of updating and revising plans and estimat s for presentation at VDOT's April 26 Public Hearing for the project. It is not based 0 any significant modifications to the proposed concept or alignment of the road. It should e noted that this most recent estimate is still subject to further change with final design f an approved alignment. The pri ary impact to the proposed Six Year Plan is twofold. It has reduced the numb~r of project receiving funding over the six year period of the Plan. Route 726, (James River Road - riority #20), Route 781 (Sunset Avenue - priority #21), Route 769 (Grassmere Road - prior it #22), and Route 675 (Hatton Ferry Road - priority #23) will not be included in the VDOT Si Year Plan as previously proposed. The estimated advertisement dates for project constru tion have also been delayed by 1-2 years for projects prioritized from priority #10, Greenbr'er Drive Extended to priority #19, Lambs Road. The schedule for Hydraulic Road and Rio Roa (priorities #8 and #9) have not been affected. The schedule for road paving project is unaffected by the revised Meadow Creek Parkway cost estimate because they are funded y a separate source on funds. A revise copy of the County List of Secondary Road Improvements and VDOT's proposed Six Year Seconda y Road Plan are attached. ATION: This inf rmation is provided for the Board's information prior to May 11, 1994 Public Hearing on the Six Year Secondary Road Plan. 6SECD.SU 94.053 'i'l'f H: , ;:;i~~ s;;Yj?fY~' item I mentioned on the Consent ~~~~d: ~~erns the Secondary Six-Year Road Plan particularly as it relates to the new estimates for funding of the section of e Meadow Creek Parkway, the County section from the North City Limits to Rio Road. called Bob Tucker and told him I was confused by this and we ought to discuss it cause having been to the Location Public Hearing on Meadow Creek Parkway the other d y, I had found that we had conflicting numbers. To make this simple, I drew up a l'ttle chart to show you (on file). at Bob's memo said is that the new estimate is $10,280,157. What I have in my cords are these three things: I have in the VDOT Six-Year Improvement Program in e Urban System, that is, in the City's portion, dated November 5, six months ago, t eir 1/2 mile, the City portion to cost $9.96 million. These numbers are taken d'rectly from the record. Then in our proposed Secondary Six-Year Road Plan for the C unty portion, dated May 4th, I have our 1.4 miles, I think, although that distance sn't specified, our cost to be $10.3 million. But, at the Location Public Hearing these blue charts, if any of you all went you got, that is dated the 26th of ril, they show the entire 1.9 mile length from 250 Bypass to Rio road to cost 2.3 million. This simply does not make sense so I am asking for clarification. relates to us in several ways, but most particularly to Bob's memo which says at we have to push back all of our road projects related to our priority of the adow Creek Parkway and I think we need to know, how much. Tu: alerted Mr. Roosevelt to this and hopefully he can speak to these numbers. These e data that we actually obtained from VDOT and perhaps he can clarify this issue r us. R: gather you are quoting from this booklet from the public hearing, and I did bring other eight or nine copies to pass around. In the middle of the booklet there is location map and what is called is called a location study, and it has the cost timates in millions. At the location hearing there were four alignments which ve been designed "A", "Rev A", "B" and "D". You will notice that the "A" a ignment that Mrs. Humphris has spoken to is estimated at $12.3 million, but the " " alignment which is basically the "A" alignment with an interchange at the pass, is estimated at a total of $20.9 million. If you take the City's portion t of their Six-Year Plan, the $9.96 million plus the $10.3 that is our share, it mes within a couple of hundred thousand dollars of that $20.9 million figures. e estimate that is here, whether you take the $12.3 million or any of the others for the total project and it does not break it down between the City's share and e County's share. I have information in my office which does break it down tween the City's portion and the County's portion The County portion has been e timated at this $10.3 million. When I saw that, I said what does this do to the C ty's share, I also received an estimate of the City share. I went to the Six-Year P an and I found that the Urban Division and the City had estimated some $9.96 m llion being available over the next two or three years for the City portion of the p oject, and I said the City is going to be able to finance anyone of these four a ignments, their share, therefore we need to keep our financing in line with that. I don't know which of these four alignments will be picked, but if the City picks t e one that involves the interchange, or if the Transportation Board picks the one t at involves the interchange, it appears that money is available in the City urban b dget to take care of it. If one of the other alignments is picked, then the City h s a lot more money allocated to this project than they need. The City portion is f nanced to cover any of the four alignments including the interchange. H: w, about this? Take a copy of this and fill in the blanks. On the first line, ty portion, their 1/2 mile $9.96 million, then the County portion is still the 0.3 million. R: T e $10.3 is the lowest of the four estimates for the County portion. Actually the C unty portion, only three of the alternatives affect the County. "A", "A Rev" and "" "D" is actually one of the County options with an interchange in the City and don't have to pay any of the cost of an interchange in the City, so we basically e dealing with three options. The $10.3 million is the estimate for the "A" line. we go with "A Rev" or "B", they will be slightly higher. I'm sorry, the "B" c rridor doesn't really affect us that much. It is the "B" corridor out in the C unty. The changes in the alignment, other than the "A" corridor are going to cost t e County Secondary Funds slightly more than the $10.3 million, but faced with a d cision as to how I should revise the Six-Year Plan, and recognizing that we are s ill at about the 20 percent point in this project, I said I will take .the low e timate and go with that. I am not going to use the highest. What I need to s pply you is the estimated cost for the City and the County for each of these four T: R: H: R: , T: , corridors and that I do not have in my hand. Bob called my office this morning and it' dicated that this question might come up. I did not have time to do all the r search and get to a nine o'clock meeting. I certainly can pullout the estimates I received for the four alignments and supply them to you, give you the City and the C unty estimated costs that were developed for this location hearing. W at I am hearing is that the $10.3 million is the least I R~ght i o~ the four alternatives I i~' the County a d the reason it comes close to something like $20.0 million is because the City's p rtion if the most, if I could simplify it that way. I A~ternative "D" involves an interchange at the 250 bypass which is estimated to cost around $7.0 million. ~ you have a chart that we don't have that breaks it down between City and County, a d the City's $9.96 million is because they are budgeting for the highest amount if t ey decide on the intersection, and we are essentially budgeting for the lowest ount. I I 1986 we had a Location Hearing, and I have the booklet from that hearing. At t at time, the estimated cost for the County's portion of the "A" alignment was a out $5.4 million, and over the past eight years, since 1986, I have tried to i flate that figure up each time we redid the Six-Year Plan. Clearly, my guessti- m te of how that cost would increase has fallen behind what the actual costs are. I h d brought it up from $5.4 million to $6.4 million, and then when I got this timate information from our location and design people in accordance with this cation hearing, I was shocked to find that it had inflated to $10.3 million. We st got that information after we had our work session on the Six-Year Plan. i B~b and Wayne, does your memo take into consideration that extra $600,000+ we are gftting in Secondary Funds under the new projections? I Ilbelieve it does. I W, incorporated that and then this price came in and Dan revised the whole list for U$. i ~ I to understand that we have to understand that even though we have this new e timate, this new estimate is only one part of what a possible estimate is? In o her words, what I need to see is all of the possibilities, all the ranges. I Y~u have four corridors, and you need an estimate of the City portion, the County p~rtion of each of the corridors? I R: T: R: T: R: T: R: H: T: C: H: R: H: F9r each of the possibilities. To me, this one figure does not do it. R: I N~t having time to do the research this morning, I am going on memory. My memory is t at the other alternatives "D" and "A Rev" and the little portion of "B" does not i crease this cost that much, but in each case somewhat. I' is going to increase the City's portion primarily. IJWill get that information for you. We did have it available at the public haring, but nobody seemed to be interested in it. I guess if we hadn't had a chance to read all that, and absorb it and go back, I n't keep all these things in my head like you do. Also, I did not have Bob's new mo at that time. this memo. When we found that there had been such a large increase in Meadow estimate, we redid our financial plan and supplied that information to your and basically told them this same information which they have now send on to So that you have as much information as I can give you in the time that is a lowed me here, let me tell you that trying to take a $4.0 million hit in a f~nancial plan that only covers $20.0 million and keep things on schedule is not ,. , e~sy to do. One of the things that we have done on projects like Hydraulic Road and R~o Road is that we have said we are going to hold the ad date steady and fund this p~oject at least by the fiscal year following the year in which the project is completed. I don't want to use the term "deficit financing" here, but that is p~obably what it is going to be called. The Department has historically allowed t~is to occur, allowed Resident Engineers to finance projects so that the final p~yment on the project occurs in the year following the year in which the project is cpmpleted. What they have not allowed us to do is to fund so much of it in the f~nal year. We need to have 70 percent of the money available before we advertise t~e project. The Department has relaxed that r\'l.e recently and said that we could a~vertise these projects without 70 percent of the money available. Quite candi- d~tely, I am pushing this to the limit. Some of these projects are going to be a~vertised with only 20 or 30 percent of the money available with the promise and tne anticipation that the money will all be available by the fiscal year following cpmpletion of the project. I am expecting the department to allow me to do this. IF they don't I will be back with you and tell you that we have to set some of these a~ dates back. 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'o::::cr::~cr::cr::cr::~1I II II II II II II " " II II II II II II " " " " II " " " " II " " II II II " " " " " II " " II " " II " " II " II II " " II II " " " " II I-- --'1--< -'I--U -w :J:~~ % U 0:;:)< w --'--' <>< a. co o <..:l % <>< % ~ bw ~ ~ o~wc~ .C~ o ~~~zz xc cr::o~<~oo~cr::~ cr:: ~wwo~w Ucr::~o o:::oo-<cr::< 0 m~~ ~~o~x~ ~ ~~~W~cr::>~2~~~ ~~X< ~....J w< ....J8~cr::cr::cr:: 22 0 ....J G~~~~~=~~~z=~U>~~~~<~~~>~ -....Jcr::<>%~~%o% w<w~ww~~wwooo ~....Jcr::<xcr:: ....Jw~~ ~~3cr::~cr::~zo~mz~ ~=~~~ffi~=~3~~~~8~~~~a~~=wgiX~~~""'~a::o....Jzmcr::o~x~ooux....JOO~O <<JP"l-o OO~ 1'--0-0 o ~~P"l~~~NNON~Ol'-o-~<<J~"'I'-I'-"'-OO<<J~ ~~~~~~~~~~~~~~~R-o~~~~~~~1'- ~O-N"'....;f'Ln~~ -NNNNNNNN ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ c,.. -0 M ~ I "" N N .- ... -" < ~- C) ~- III o % :::. .... :z o I-- U :::. <>< I-- III :z o U >- <>< < o ~ U W III <>< o u.. w --' co <..:l -' W I-- o % + ~ ,.;t. )~ f1J:Jf1t j/ i~ APR COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE,22902 r' - '".-.,-;"'" '-"''''''T__."~.."...,,,., '_,", D. S. ROOSEVELT RESIDENT ENGINEER April 27, 1994 Ms. Ella W. Carey Alpemarle County Bd. of Supervisors County Office Building 401 McIntire Road Charlottesville, VA. 22902 Route 691 Albemarle County Dear Ms. Carey: The Virginia Department of Transportation intends to replace the existing structure over Yellow Mountain Creek during the period of May 2, 1994 through May 13, 1994. Attached is a sketch indicating the location of the bridge. Signs will be up to assist traffic while the road is closed. Should you have any questions, please call this office. Yours truly, ,D ,(' f . ~.L W(f.~rl . ) ..j" . F. E. James, Jr. Acting Maint. Oper. Mgr. FEJ/ldw Attachments cc: D. R. Askew; G. D. Lipscomb F. L. Edens BD. of Supervisors; R. W. Tucker Ch'ville. Post Office Ch'ville.-Alb. Rescue Squad Albemarle County Police VA. State Police Albemarle County Schools School Transp. Officer T. G. Kennedy J. R. Howei S. C. Dean TRANSPORTATION FOR THE 21 ST CENTURY , ~ "- ~ ~ ~ 0.70 ~~ ~,,~ , \ . ~, O~X~~ [756 J " cs~ ~ 141 CJ ~ It (- ~]J -. -/"" '.""-..-.;;0.. 673 '~~ ..... .:;;;:=-:" J..... -: ~ 141 2 en ~ ., ~~3_<" ~ ,,- ..., .,:, o v 3.70 ~ J..... MOUNT AIN ~\.~O\I'J '" .;:) '~ C!J \ , --0-- .;:) ~ , ~ r/ I'/,~' ~,,\. ,,\0 -.... 4 -~\. DAVID R. EHR COMMISSIONER Ms. Albe 401 Char . ", ,.;: \~. ~ t, COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P O. BOX 2013 CHARLOTTESVILLE. 22902 D. S. ROOSEVELT RESIDENT ENGINEER April 20, 1994 Mowing Median Strips lla W. Carey, arle Board of clntire Road ottesville, Clerk Supervisors Dear Ms. Carey: VA 22902 to m duri the the thes sche DSR/ mk At the February board of supervisors meeting the board requested the Department w full width the right of way along seven entrance corridors to Charlcttesville g the forthcoming mowing season. They did not request additional rrowings by Department only that each regularly scheduled mowing be for the full width of right of way. Please advise the board that the Department has agreed to mow seven entrance corridors to their full width as part of our regularly uled mowing. Yours truly, S~ " de.... \ /' . ~ 'C-" -:; c.1J C V _.~ <-~ . D. S. Roosevelt Resident Engineer cc: Bill Mills TRANSPORTATION FOR THE 21ST CENTURY .' 4/~,~/ , " ,. . ~.~ ;//:~ ~ J? Fd.2"/-fr->-../ / . :;, AfJR J , COMMONWEALTH of VIRGINIA DAVID R. EHR COMMISSI NER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 EARL C. COCHRAN, JR. STATE LOCATION AND DESIGN ENGINEER April 21, 1994 Route 682 Proj: 0682-002-P33, C-501 Albemarle County Fr: Route 250 To: 1.784 Miles South Route 787 C airman, Albemarle County Bard of Supervisors 4 1 Mcintire Road C arlottesville, VA 22902-4596 I would like to take this opportunity to advise that the Commonwealth T nsportation Board of Virginia at its meeting today approved the location and m jor design features of the above project as proposed and presented at the D cember 7, 1993, public hearing with the following modifications: rustic g ardrail will be used in the place of standard galvanized guardrail, the alignment b tween Station 268 + 00 and Station 278 + 00 will be shifted to the east and the gr de on the south side of the CSX Railroad tracks will be lessened. \ 9- C . . C--=--Sk____~ '--r 6' E. C. Cochran, Jr., P.E. State Location and Design Engineer TRANSPORTATION FOR THE 21 ST CENTURY " f:~/'~~ ?f!' R5/ft 5? ~~ cl-:~-:;::::?,c_. __,_~ ~-1L\~~'~'~ ~\ ';l;,;.)/, ..~ ~~'" ",i~'t,\ ,'>1,,' , 'lj';) i/J,' \ :~~..'~"'~.= if{ "t"i>":I.l", " ,~:,;/' ,,'/!!i.?~'<;; "'''I' ".$;~~~' .r, .'. COMMONWE'ALTH of VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT NEAL J. B RBER DIRECTO I ~ Buildi Division of Housing The Jackson Center 501 North Second Street. 1st Floor Richmond, Virginia 23219-1321 (804) 371-7100 April 22, 1994 B ard of Supervisors A bemarle County, Virginia 4 1 McIntire Road C arlottesville, Virginia 22902-4596 ------..,,...,,..,-.,. OF SUPEF':\/lSC'r RE: Rio Hill Associates, L. P. Qualification for" Affordable Housing" Status r Members of the Board of Supervisors: Please be advised that Rio Hill Associates, L. P., has applied for and received an all ation of federal low-income housing tax credits available under Section 42 of the Internal R venue Code of 1986, for a project it proposes to build off Rio Road in Albemarle County, Vi ginia. Rio Hill Associates, L. P., has entered into an Extended Use Regulatory Agreement an Declaration of Restrictive Covenants with the Commonwealth of Virginia, Department of H using and Community Development. Assuming the proposed project complies with those co tracts, Section 42 of the Internal Revenue Code, and is placed in service by December 31, 19 5, it should qualify as "affordable housing" for the purposes of low-income housing tax cr its under applicable federal law. Should you have any questions regarding the qualification of Rio Hill Associates, L. P., for low-income housing tax credits or the designation of this project as "affordable housing" un er applicable law, please do not hesitate to contact me. H \jh Better Communities Ii r . #~f/ f'f'cJ5~~~.0. Box 334 -'~ Belcamp, Maryland 21017 ~ 410-575-7412 .T~ \...0.(:' HN/\NC::\L SERVICES. tHe April 12, 1994 APR . L-. i --=--~-j ;: n...s '. " --'"c,~c~.. '-;r UJ'EPIII(<'r'.i"'? _-!. U \i \,."ii'\.,.;i t'Y ....'>':, ;i ~ Mr. Bob Richardson Sovran Bank, N.A. post Office Box 26904 Richmond, Virginia 23261 Re: Arbor Crest Apartments (Hydraulic Road Apts.) Dear Mr. Richardson: Enclosed please find the Bond Program Report and Monthly Report Pursuant to Section 7(a) of the Deed Restrictions for the month of March 1994. If you have any questions, please do not hesitate to contact me at 410-575-7412. Sincerely, ~~1.~~ Project Monitor /shm enclosures cc: 1fS.E1W7,,,W,,,1C.Eey,. Clel',}(.(CjlCil Albemarle County Board ~f S~pervisors 401 McIntire Road Charlottesville, VA 22902-4596 Effective March 31, 1994 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lanbard Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apart::rrents Charlottesville, Virginia Pursuant to Section 7(a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), and your bank, as tru,stee, the undersigned author ized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership (the .Purchaser.), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlottesville, Virginia (the "Project"), that 'as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 19 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- . 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 47 . 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 29% . 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) AS of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of April 5, 1994 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~ #~ Au horized Representative . aONe PROGRAM REPORT Monl" March YNl~ p " Arbor Crest Apartments (Hydraulic Road Apts.) Pro;.ct .: 051-35371 'O~ y: ,"ce.tion: Charlottesville, VA Numbet 0' Unit. 66 SubmlUtd Dy: Loretta Wyatt April 5, 1994 Effective 3/31/94 M.t\A~r Oatl Total Occupied 66 LOW!" lNCO"~ Bond Occupied 19 I. The lollowlng unltl h.~ been des'gn.altd &1 "!owe, Incomt" unlll 1 Arbor Crest Dr 21 Dorothy B. Hubicsak 41 11. 2 4 Arbor Crest Dr 22 Beverly T. Lane 42 62. 3 5 Arbor Crest Dr 23 Margaret L. Mawyer 43 63. 4 9 Arbor Crest Dr 24 Virginia Burton 44 64. S 12 Arbor Crest Dr 2S G. Robert Stone 4S 0$. 6 14 Arbor Crest Dr 26 Evelyn Dover 46 M. 7 . 15 Arbor Crest Dr 21 Jane Wood 41 17. a 20 Arbor Crest Dr 2a Evelyn Mandeville 4& 61 9 24 Arbor Crest Dr 29 Gertrude Breen 49 H. 10 30 Arbor Crest Dr 30 Mary Cox Allen 50 70. \1 44 Arbor Crest Dr 3' Sam M. Atherton ~1 71. 12. 76 Arbor Crest Dr 32 Barbara Datz S2 72 13 78 Arbor Crest Dr 33 Ernest M. Nease ~3 73. 14 84 Arbor Crest Dr 34 Juanita Boliek $4 74. IS 90 Arbor Crest Dr J~ Betty B. Elliott ~S 7~. 16 92 Arbor Crest Dr 36 Dorothy H. Reese ~ 70. 11 94 Arbor Crest Dr :\7 Sarah E. Fischer ~7 77. Its 102 Arbor Crest Dr Ja Anne Lee Bullard ~. 7a. 19 106 Arbor Crest Dr 39 Katherine T. Nowlen~g 71. :'0 40 60 10. T /'\e cn.n~s "om P' ev.Oul ,epn,t ,,.lIeeted in It\. .bOVI hSllng lie Dele lion. Mdttlone to 11 l' 44 Arbor Crest Dr 11. Sam M. Atherton 2 12 2 12. 3 13 3 13. 4 14 4. 14. 5 1~ 5 15. 6 16 6 11 7 \7 7 17. I " . ".. . " t ,.. \0 20 10. 20. COUNTY OF ALBEMARLE ,/ ,~:~t. ;.l !ft~,~ JP/( ~;S-t?f(~ EXECUTIVE SUMMARY BACKGR UND: AGENDA DATE: ITEM NUMBER: May 4,1994 ACTION: INFORMA TION: CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: REVIEWED BY: Attached is he March Financial Report of the General and Education Funds. General Fu d revenue projections are based on collections through December. They will be revised quarterly. General Fu d expenditures have not been revised at this time. Education r venues are projected to increase $71,543 based on the March 31, 1994 ADM report. Projected E ucation expenditures have not been revised since the February report. The 7 1/2% holdback has been reduced to 32,855. RECOM ENDATION: The March nancial report is submitted for your information and approval. 94MARRP .EXE 94.052 APfi en z ~ o e:: ~ 0 <( 0.. e:: LU LU e:: 0.. ...J o :$ > U ~ Z Z <( :::> Z o U LL. LU > ...J ...J e:: J: <( ~ :::E Z LU 0 CO :::E ...J <( ~.., zO LUe:: Uo.. e::- LUO 0..>: * * * * * 'fP. *1 'fP. 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'" V9- - I ; i 'lilt ("I) '" 0> C\J ..... o ...... <b9 00 z o I- < 0: a.. o 0: a.. a.. < o W > o 0: a.. a.. < ...J < I- o I- W () z ~ < 0) o z ::::> LJ.. . I . . rfi~/p/," :?f(t'S(/~ 5/~ FISII AND WILDLIFE SERVICE geOLOGICAL SlmVICES MIIHX)UN'I'Y CENTER, U.S. ROllTI5 17 P.O. BOX 0180 WIII'I'fol MARSII, VIHGINJA ~:1J8a - . I United States Departlnent of the Interior April 7, 1994 . Richard N. Burton, Director partment of Environmental Quality o. Box 10009 chmond, Virginia 23240-0009 TN: Ms. Doneva Dalton Hearings Reporter D ar Mr. Burton: RE: Comments on Proposal to Amend VR 680-21-01.3.C.3 Exceptional Waters Tie U.S. Fish and Wildlife Service (Service) has received the Notice of I tended Regulatory Action seeking comments on the proposed designation of f've surface wa~ers for special protection as Exceptional Surface Waters under V 680-21-01.3.C.3 of the Antidegradation Policy within the Water Quality S andards. The five waters are the Moormans River in Albemarle County alld the Slenandoah National Park, Stewarts Creek and Crooked Creek in Carroll County a d on landjowned and ~anaged by the Virginia Department of Game and Inland Fisheries, Whitetop Laurel Creek in Washington County and Jefferson National F rest, and North Creek within the Glenwood Ranger District of the Jefferson National Forest in Botetourt County. Service submits the following comments in response to the request for ents, as well as under provisions of the Fish and Wildlife Coordination (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered cies Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) in an ort to provide information to the Department of Environmental Quality (DEQ) State Water Control Board to ensure protection of endangered and eatened species and the cons~rvation of all fish and wildlife resources of Commonwealth. The Fish and Wildlife Coordination Act, in recognition of vital' contribution of wildlife resources to the Nation, authorizes the Se vice to provide assistance and cooperate with other Federal, State, and pu lie and private agencies in the conservation of all species of fish and wi dlife and their habitats. Th Service believes that the nomination of the Moormans River from the he dwaters of the North and South Forks to tile confluence with the Mechum's Ri er near Free Union, Virginia meets all the requirements for designation as an Exceptional Surface Water as defined in the Water Division's Guidance do ument. The Southern Environmental Law Center's, 13 Novemb~r 1992, . ' Mr. Richard N. Burton Page 2 petition to nominate the Moormans River describes how the river's qualifying attributes as an exceptional environmental setting, an exceptional aquatic community and as providing exceptional recreational opportunities are met. The Service would like to stress the river's critically important ValUE! as it hosts an exceptional aquatic community. The reach of river under consideration is host to the James spinymussel, (Pleurobema collina) a Federally listed endangered species and the greE!n floater mussel (Lasmiqona subviridis) a Federally listed category 2 candidate for threatened and endangered species status. The presence of both is indicative of good to excellent water quality. The current status of tile ~ndangered James spinymussel is that it has experienced a precipitous decline pver the past two decades and it appears to be extirpated from 90% of its ~istoric range (U.S. Fish and Wildlife Service, 1990). One of the two Service ~ecovery Plan Objectives is to protect ..... all known popu1ati.ons and their ~abitat from foreseeable threats." Task 2.1 of the Recovery Plan identifies he Water Control Board as a responsible agency in utilizing existing ~egulations to protect the species and work towards recovery. The green ~loater mussel population has declined dramatically in Virginia (Kitchel, 991) and designation of the Moormans River as an Exceptional Surface Water ~ill help to ensure that this location remains a suitable habitat. ~hitetop Laurel Creek supports the greenfi.n darter (Etheostoma bhlorobranchium), a State listed threatened species, which is extremely ocalized in Virginia, known only in Whitetop Laurel Creek. Whitetop Laurel Iso is habitat for the hellbender salamander (Crvptobranchus alleqaniensis lleaaniensis), a completely aquatic salamander. It is a Federally listed ategory 2 candidate for threatened and endangered species status. It is estricted to clean, cool, and well oxygenated streams. The shovel-nosed alamander (LeuroQnathus marmoratus), is a Virginia Special Concern species \hich also inhabits this waterbody. Habitat disturbance has been noted as the Irimary threat to this species (Terwilliger, 1991). The Service believes that the pres~nce of these species in Whitetop Laurel Creek delineate the <reek as supporting an exceptional aquatic community. As required by the romination process for Exceptional Surface Waters, on November 13, 1992, the \irginia Council of Trout Unlimited (VCTU) provided the State Water Control Eoard and PEQ with d?cumentation as to Whitetop Laurel, Creek's exceptional Environmen~al setting and exceptional recreational values, with which the ~ervice concurs. Although the remaining nominations for Exceptional Surface Water designation biY VCTU, Stewarts Creek, Crooked Creek, and North Creek do not host Fede'rally listed species, the Service has reviewed the documentation for the nominations ard concurs that each offers exceptional aquatic habitat for fish and wildlife r~sources and exceptional environmental settings worthy of the'designation to V~ 680-21-01.3.C.3, Exceptional Surface Waters. These nominated waters are ir relatively undisturbed and remote locations and designation would help ensure continued high quality of the waterbodies. Mr. Richard N. Burton Page 3 The Service appreciates your consideration of these comments and the opportunity to provide comment. If there are any questions, p,lease contact ~ynthia Kane of this office at (804) 693-6694. Sincerely, ~~~- Karen L. Mayne /lea7&- Superv isor Virginia Field Office C: Evelyn MCKnight, Chief, Water Quality Stds. Section, EPA, Region 3, 3WMIO Ray Fernald, VDGIF, Richmond ~ Literature cited Blrkhead, N.M. and R.E. Jenkins. 1991. Fishes. Pages 381-382 in K. TerwIlliger, edl. Virginia's Endangered Species: Proceedings of a Symposium. McDonald and Woodward Publishing Company. Blacksburg, VA. K tchel, L. 1991. Green Floater. Pages 269-270 in K. Terwilliger, ed. Virginia's Endangered Species: Proceedings of a Symposium. McDonald and Woodward Publishing Company. Blacksburg, VA. U.S. Fish and Wildlife Service. 1990. James Spinymussel (Pleurobema colli~) Recovery Plan. Newton Corner, Massachusetts. 38 pp. 7TH DISTRIC ,VIRGINIA 7Yy~l/ :J'f!t?~f! 58 (tonllrrss of thr tinitrd ~tatrs il\oust of 'Rqlftsmtatil1u Washington, Ilcr 205J5-1007 April 21, 1994 WASHINGTON OFFICE, 2241 RAYBURN OFFICE BUILDING (202) 225-2815 THOMAS J. BULEY, JR. MEMB R OF, COMMITTEE bN ENERGY ANO CO MERCE DISTRICT OFFICES, SUITE 101 4914 FITZHUGH AVENUE RICHMOND. VA 23230-3534 (804) 771-2B09 HBOO}-438-3793 COMMITTEE ON THE DISTRICT OF COLUM81A CULPEPER OFFICE PARK SUITE 207 763 MADISON ROAD CULPEPER, VA 22701-3342 (703) 825-8960 T~e Honorable David P. Bowerman C ~airman A bemarle County Board of Supervisors 4 1 McIntire Road C~arlottesville, VA 22902-4596 D~ar David: Thank you for your letters of support for HR 1181, a bill to i[lcrease the authorization for federal payments in lieu of taxes (PILT) to counties. It is always a pleasure to hear from leaders i~ the district on issues of importance. I apologize for the delay i ~ my response. On April 13, 'the Senate passed a bill (S 455) to increase P LTs, sponsored by Sen. Mark Hatfield (R-OR). The measure would aajust the existing formula to increase payments over five years to about $255 million in 1999. Because of the Senate's action, the House will likelY consider Hatfield's bill instead of HR 1181. Hparings on the PILT bill are scheduled for April 28. I strongly support S 455 in its present form. PILTs are a much-needed compensation to counties with tax-exempt federal lands. S nce their introduction in 1976, though, the payments have fallen f r behind inflation -- to half of their original value. I am h~peful that Congress will pass a PILT increase that gives counties 1 ke yours the funds that they need and deserve. Many thanks again for sharing your view with me. With kindest r gards, I am Sincerely, "('~;~-L~...~-._._.. Thomas /J .\., Bliley, Jr. Member,of Congress T, Bj/jmc -.,. .. JOANNE G. B RKHOLDER. CHAIRMAN RUCKERSVILLE DISTRICT Y, VICE CHAIRMAN ,,\r ot ~l"f' ^ ~ """"",,--. ~ ^ ~"'T llll"'~ 6.~~.~N;-"'" w r-.. l:t\.01".O;;.;"'~\. (fl f~'" (J "'~\ g~f :!~ ~...,~" 1716 Iu::,~ ~ \~d .!.: f \. ....~." "O~~~.., } u ........ ,p- '--,~.JIN;~pJ1.f1' ~~~~ ~%~?~:r 5~ ~Y.!' "i3 : i' BOARD OF UPERVISORS JAMES A. HENSHAW STANt,RDSVILLE DISTRICT AT LARGE MICKEY COX MONROE DIST STANLEY M. POWELL AT LARGE JULIUS L. MORRIS COUNTY ADMINISTR""TO~ . ,'I. OFFICE OF THE COUNTY ADMINISTRATOR P. O. BOX 358 STANARDSVILLE. VIRGINIA 22973 TELEPHONE 985-5201 Chairmen Perkins, Jones, Green and Fincham Brad Berry, Vice-Chairman~ Subject: Impact Fee Resolution To: From: Date: April 25, 1994 Attached is a copy of our joint resolution to our General Assembly represenatives. I will be presenting it to them at our Board meeting tomorrow night. Thanks for all your help and support with it. ~~, .. ,.. , RESOLUTION WHEREAS, studies indicate that revenues generated by residential. growth do not offset expenses associated with residential growth; and WHEREAS, the below-designatated governing bodies are in agreement that innovative and equitable means of producing revenue should be considered; and WHEREAS, the below-designated governing bodie~ are committed to providing quality public education and cost-effective public facilities; and WHEREAS, the below-designated governing bodies are in agreement that simply increasing property taxes as the primary means of paying for increased residential growth is unacceptable, NOW THEREFORE BE IT HEREBY RESOLVED, that the below-designated governing bodies hereby request their- state legislators to investigate ~he implementation of an impact fee on developers and land speculators to be directly tied to capital expenditures. j)Jalj;cA~~ Chairman, Albemarle County Board of Supervisors ~~4-. -- Chairman,-;:dis~county Board of supervisors nge County Board of supervisors County Board of Supervisors .. ... } ~ ~.2~-?y ,;:;:~ ~~~ .s/s- .\ COUNTY OF ALBEMARLE MEMORANDUM TO: Albemarle County Board of Supervisors ..., FROM: Robert w. Tucker, Jr., County Executive DATE: April 27, 1994 RE: 1993 Recyclinq Rate for Albemarle/Charlottesville A tached is a table providing the tonnages from each local entity i volved in recycling. This data is used to determine the 1993 r cycling rate for Albemarle and Charlottesville. As you will n te, the rate for 1993 is 30.56%. The EPA mandated requirement f r recycling rates throughout the country for 1993 is 15% and for 1 95 it is 25%. As you see from the table, we are already 5.56% a ove the 1995 mandated requirement for recycling. M ch of our success in exceeding the recycling rate mandates is due i part to our recent County Code amendment which requires the r porting of recycling tonnages by local business and industry. T e second attachment provides you with a listing of the various e tities involved in recycling and their total recycling effort for 1 93. Should you have any questions concerning this information, p ease do not hesitate to contact me. 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" g .; c o c ~g N"; ...'" ..; 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd 88 dd R8 r--:d :ll. 88 dd 88 dd ~8 NO ~ to 88 dd ~8 ~o :28 ~o ~ ~~ lriui N~ "'0 N N N o "'; ~ ..; 8 d 8 d 8 d 8 d 8 d :ll ,...: ,"' "" " 8 o ~ .,; 8 o 8 o '" ... ~ CD .. o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o 8 o :t i 2": 8 o 8 o 8 o 8 o 8 o lil ~ III ..; g o g ~ 8 o 8 o g ~ ~ o ~ ~ '" "'. - 8 o g o 8 o 8 o 8 o 8 o 8 o 8 o '" '" ~ CD '" ~ ~ ~ 0; '" "!~ ~< "'.... o .... g ~ ... ... ... '" '" "l - '" '" ... '" lli ... '" '" ~ ~ ~ '" 8 ~ o '" ~ o = ~ foil fn ~ ~ o 00 -< Z ~ "' '" N 0; o ; '" '" ~ '" ~ '" ;1; ~ '" ~ ,..: "' '" '" "': 2i N ~ ~ . N N '" m 8 o ~ ~ ~ '" ~ o .. '" ~ ~ '" "'- '" ... g '" ~ o ~ ~ '" "' '" ~ '" - ... ~ ~ '" '" '" on ~ iIi ~ < .... o ?A~/ .?;K~~~ s4{ Is r~) , n r'f " !, "" 1 !; ALBEMARLE COUNTY PUBLIC SCHOOLS APR Memorandum April 21, 1994 Albemarle County Board of Supervisors Robert W. Paske 1 Division Superintendent Approved School Division Budget for FY 1994-95 May I express appreciation again for your support of public education in bemarle County and for providing the funds requested by the School Board for Y 1994-95. Your actions in approving the budget request reinforces your i terest in education and your willingness to support continuing and new i itiatives to meet the needs of our students. I am also indebted to Mr. Tucker and his staff for the substantial ssistance provided during the development of the 1994-95 School Division Budget nd the cooperation that has been demonstrated by County personnel in assisting s throughout this process. School Board Members Mr. Robert W. Tucker, Jr. CO~)' ~-... --. -'- i\" ',. '.' ;'\i ;:a;.1A.RLE I", I r::::i i ;:,~; ; "'i "': .r-." ;-::":7!O:'] I, " L_,_.u~._,,", . d .2.: " .i...... ". II U J(V . ....-4 \, II 1\'\ APR 28 1994 d d 1'1 l';-"",,, . 1\ j I tJ L~ U:Jj'Lf/U'~iJ~1( ! u EXECUTIVE OFF!C;r::'o," COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Bob Tucker',~ounty Executive Jo Higgins,~rector of Engineering ..,;.f/~~ , ?~~.?:~j( 3// ';'l!''>l' 26 April 1994 Traffic Signal at Rio Road/Hillsdale Drive n a recent Board of Supervisors meeting, the referenced traffic ignal was discussed under Other Highway Matters. Under the roposed six Year Plan, this traffic signal is to be programmed or FY94-95. his is to advise that I am currently holding funds in the mount of $57,000 (as of 3/94) in an interest bearing account esignated for this purpose. This will provide for a ignificant portion of the cost with the excess to be funded out f secondary roads money. I have discussed this provision with an Roosevelt and requested that VDOT bill the County upon ompletion of the work. At that time, the Board request to ppropriate these funds into an expenditure cost center for isbursement will be presented. have any questions or need any additional information, advise. Wayne Cilimberg Dan Roosevelt Melvin Breeden F~;"'~"" ('r-- . "..--, ""''''-',".~,..",.,.""" """"""'&"'_~"'........_,..-,.. COMMONWEALTH of VIRGINIA C'C' '" "'-~"""-""-;- .........w"'..,..,.""""'....~~ DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 April 29, 1994 L/h4'AI..}}' S. ROOSEVElT . ~*' TY RESIDENT ENGINEER _?j(tf~~f( .5/? ~ Current Projects Construction Schedule Ms. Ella W. Carey, Clerk Board of Supervisors County Office Building 401 McIntire Road Charlottesville, VA 22901 Dear Ms. Carey: Attached find the monthly update on highway improvement projects currently under construction in Albemarle County. Please see that this information is forwarded to the Board of Supervisors members. I will be prepared to discuss this matter with them at the next meeting if they so desire. Yours truly, l).~ ," 'J .' .;.::::.....'\ L. r'-d'" ~< p .J.< r/o.! ff1i ....... /.tl , .. ~ 'f\.-.u l~'.~-1. d -r /.2r 1'--_ D. S. Roosevelt Resident Engineer DSR/smk attachment cc: R. W. Tucker, Jr. w/attachment David Benish w/attachment TRANSPORTATION FOR THE 21 ST CENTURY 'It PROJECTS UNDER ALBEMARLE MAY' 1, CONSTRUCTION COUNTY 1994 +------+-- ----------------------------------+-------------------------------------+----------- + IROUTE I INO. I LOCATION STATUS ESTIMATED COMP.DATE +------+-- ----------------------------------+-------------------------------------+----------- + I I 631 I I I 5 H STREET EXT. I S. ROUTE 1-64 CONSTRUCTION 88% COMPLETE JUL 94 * +______+__ __________________________________+___________________------------------+----------- T I I 20 I I I F OM 3.4 MI. S. ROUTE 53 ! T 3.8 MI S. RTE. 53 CONSTRUCTION 14% COMPLETE SEP 94 +------+-- ----------------------------------+-------------------------------------+----------- + I I 29 I I I F OM HYDRAULIC ROAD TO I RIO ROAD CONSTRUCTION 16% COMPLETE DEC 95 +------+-- ----------------------------------+-------------------------------------+----------- + +------+-- ----------------------------------+-------------------------------------+----------- + +------+-- ----------------------------------+-------------------------------------+----------- + +------+-- ----------------------------------+-------------------------------------+----------- + * REVISE DATE ** NEW PR JECT r / / ~ ". /'"' / -... /" / ---, "--; ../ ,~) -.' .. .,"".), - ./ ~ CERTIFICATES OF APPRECIATION PRESENTED I 10/1'. AO \/1t I{ 0 0 ~ ~ ~ / /~ [\ r \( /{\ q( 'f!1~ ~( \ \0 ), ~\ ?~ ~ <:Y f ~,:<: .- David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charlotte Y. Humphris Jack Jouett Forrest R. Marshall, Jr. Scottsville M E M 0 RAN DUM TO: Board of Supervisors Ella W. Carey, Clerk, CMC ~ FROM: DATE: April 29, 1994 SUBJECT: Reading List for May 4, 1994 June 17, 1992 - pages 1 - 19 (#8) - Mr.~-.q/ March 24(A), 1993 - Mr. Martin December I, 1993 - Mr. Martin March 2, 1994 - pages 1 - 16 (#13a) - Mr. porkil1o/-(~~/' April 6, 1994 - Mrs. ~~ EWC:mms * Printed on recycled paper / (i. :2 ~ IJ .(/' ,," ~ ......,...,.~ ,.. ~t!4!lfj~2-- Charles S. Martin R ivanna Walter F. Perkins White Hall Sally H. Thomas Samuel Miller COUNTY OF ALBBMARLE 'l;)P~". .... ~#fI't:. 7f!t}':2~!f 3-0 '..- "--.:.-"" EXECUTIVE SUMMARY AGENDA TITLE: Completion of Route 29N Service Road AGENDA DATE: May 4, 1994 ITEM NUMBER: SUBJECT/PROPOSAL/REOUEST: Authorize Chairman to Sign Agreements Subject to Receipt of Commitments to Participate from Property OWners ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Messrs. Cilimberg & Tucker & Ms. Higgins REVIEWED BY: ~~ ATTACHMENTS: Yes BACKGROUND: Portions of the Route 29N Service Road east of Route 29 and just south of the South Fork Rivanna River have been constructed concurrent with new development over the past several years. Completion of the service road south to intersect with Hilton Heights Drive at Route 29 has been expected to occur with development of the remainder of the undeveloped property along the service road's route. Two properties remain undeveloped - Dan's Automart (south portion) and A. T. Williams Oil Company. DISCUSSION: Construction is scheduled to begin on the second section of the Route 29 improvement project from Rio Road to the South Fork Rivanna River later this year. Completion of the service road can be incorporated into that project by VDOT if the owners of the undeveloped property are willing to fund their pro-rata share of the project. This necessitates that the County enter into a construction agreement with each property owner (attached) and receive surety from each that they will fund their share of the construction. In turn, the County will enter into a concurrent construction agreement with VDOT (attached). Both property owners have indicated their intent to participate. We are awaiting final paperwork and surety from each. RECOMMENDATION: Completion of the Route 29N Service Road will provide additional traffic circulation benefit along Route 29, particularly in providing the businesses along the service road access to a signalized intersection (Hilton Heights Drive). Construction of the rest of the service road as part of the Route 29 project is both cost effective and time efficient and precludes the need for the County to have to deal with individual sections of the road as part of future development review. This arrangement will be at no cost to the County. Staff recommends that the Board of Supervisors authorize the Chairman to sign the above referenced agreements subject to receipt of signed agreements and surety from Dan's Automart and A. T. Williams Oil Company and final review by the County Attorney. \ (;,1 F n 1, :'"'1 ~ APR ...:..-..,,,"---..-. . RT29SERV.WP 94.056 ~ RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby authorize its chairman to sign the "Construction Agreement between Virginia Department of Transportation and the County of Albemarle", the "Construction Agreement between the County of Albemarle and B. Dan Dickerson" and, the "Construction Agreement between the County of Albemarle and A. T. Williams", for completion of Route 29 North service road to be built as a part of State project numbered 6029-002-F19, C502, upon receipt of signed agreements and surety from Dan's Automart and A. T. Williams oil Company and final review of the documents by the County At~orney. * * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Albemarle County Board of Supervisors at a regular meeting held on May 4, 1994. ~ , ;; {leL /l/ Cflerk, Board of , / ( '.{( County'Supervisors -.. CONSTRUCTION AGREEMENT BETWEEN VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ALBEMARLE This agreement, made this _ day of , 1994, between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("County"), and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION ("VDOT"). WHEREAS, the County and VDOT have mutually agreed to the construction of a section of a service road to be built as a part of State project numbered 6029-002-F19, C502i and WHEREAS, VDOT, at the request of Albemarle County, has designed plans for the service road as shown on sheet 10 of the project 6029-002-F19, C502i and WHEREAS, the County agrees that it would be in their best interest to have the construction administered by VDOTi and NOW, THEREFORE, and in consideration of the mutual covenants and other conditions herein stipulated to be kept and performed, it is agreed by the parties hereto as follows: 1. County will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange for the relocation of any public and private utili ties, where necessary wi thout cost to VDOT. Certify that all right-of-way and easements are free of hazardous materials. b) Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, construction costs, construction engineering, actual contingencies (cost overruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have_the right to inspect any construction within the proj ect limits. All communication between the County and the contractor shall only be through VDOT. d) The estimated cost for the construction of the frontage road is $51,257.00 (includes 8% inspection costs). e) The County will be billed for mobilization upon award of the contract and be billed monthly for estimated costs based on contract prices. Actual costs in excess of this estimated amount will be billed to the County at: the completion of construction. If actual costs are less than the estimated cost, the balance will be refunded tot he County at the completion of construction. I 2. VDOT will: a) Provide survey, detailed plans, drawings, specifications and cost estimates necessary to construct the frontage road. b) Administer, supervise and inspect the construction of the frontage road through final acceptance, in accordance wi th the design plan, contract specifications or any other modifications thereto. c) Procure, in conformance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the frontage road. d) Determine, in conjunction with the County, the need for additional work to be added to the contract. Change orders will be approved in writing by the County and VDOT prior to the commencement of any work, except in the case of an emergency and/or when the time involved in the execution of the change order would prove costly or detrimental to the County and VDOT. e) Submit to the County a certification of all expenses for the construction of the frontage road. The certification of expenses will be submitted to the County upon completion of project 6029-002-F19, C502. The final billing shall be made on the basis of actual costs. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving rights or benefits to anyone other than the parties hereto. 4. This agreement shall be binding upon the parties hereto, and their respective assigns. 5. Upon the execution of this Agreement by both parties, VDOT is hereby authorized to commence with this project. 6. VDOT or County may, at any time, make changes in THIS AGREEMENT that are mutually agreed upon. Any such changes shall be set forth in writing in a supplemental agreE~ment between VDOT and the County. . .. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed in duplicate by their duly authorized officers. COUNTY OF ALBEMARLE, ~GINIA BY: WaLtu .:;-~ TITLE: DATE: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: Approved as to form: County Attorney ~. CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND B. DAN DICKERSON This agreement, made this ____ day of , 1994, between B. Dan Dickerson, ("PROPERTY OWNER") and the COUNTY OF ALBEMARLE ("County"). WHEREAS, the Property Owner and the County of Albemarle have mutually agreed to the construction of a section of a service road to be built as a part of State project numbered 6029-002- F19, CS02; and WHEREAS, the County of Albemarle has entered into an agreement with VDOT, at the request of the Property Owner, to design the service road as shown on sheet 10 of the project 6029-002-F19, CS02; and WHEREAS, the Property Owner agrees that it would be in his best interest to have the construction administered by VDOT through agreement with the County of Albemarle; and NOW, THEREFORE, and in consideration of the mutual covenants and other conditions herein stipulated to be kept and performed, it is agreed by the parties hereto as follows: 1. Property Owner will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange for the relocation of any public and private utilities, where necessary without cost to the County of Albemarle. Certify that all right-of-way and easements are free of hazardous materials. b) Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, construction costs, construction engineering, actual contingencies (cost overruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have the right to inspect any construction within the project limits. All communication between the Property Owner and the contractor shall only be through VDOT per the agreement with the County of Albemarle. d) The estimated cost for the construction of the frontage road portion associated with this property is $21,989. (includes 8% inspection costs) . -. e) The Property Owner shall provide to the County a surety acceptable to the County in the amount of the estimated pro rata cost for the construction of the frontage road attributed to such property owner. Such surety shall be in the form of a letter of credit, cash escrow, or certified check, unless otherwise approved by the County. The surety shall be provided to the County at the time of the execution of this agreement. f) Upon award of the contract for construction, the County shall draw the surety and place the funds in a special account to be drawn on solely for the purpose of completing this project. In lieu of a draw on the surety, the property owners may substitute certifiE~d funds to the County upon notice that the contract for construction has been awarded. The County shall provide 14 days notice to the property owners prior to the draw on the surety. If actual costs are less than the estimated cost, the balance will be refunded to the property owners at the completion of construction. 2. The County of Albemarle will: (throuqh an aqreement with VDOT): a) Provide survey, detailed plans, drawings, specifications and cost estimates necessary to construct the frontage road. b) Administer, supervise and inspect the construction of the frontage road through final acceptance, in accordance with the design plan, contract specifications or any other modifications thereto. c) Procure, in conformance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the frontage road. d) Determine, in conjunction with the Property Owner, the need for additional work to be added to the contract. Change orders will be approved in writing by the Property Owner and the County of Albemarle prior to the commencement of any work, except in the case of an emergency and/or when the time involved in the execution of the change order would prove costly or detrimental to the Property Owner and the County of Albemarle. e) Submit to the Property Owner the certification from VDOT of all expenses for the construction of the frontage road. The certification of expenses will be submitted to the Property Owner upon completion of project 6029-002-F19, C502. The final billing shall be made on the basis of actual costs. .. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving rights or benefits to anyone other than the parties hereto. ~. This agreement shall be binding upon the parties hereto, and their respective assigns. 5. Upon the execution of this Agreement by both parties, the County of Albemarle is hereby authorized to allow VDOT to commence with this project. 6. The County of Albemarle or Property Owner may, at any time, make changes in THIS AGREEMENT that are mutually agreed upon. Any such changes shall be set forth in writing in a supplemental agreement between the County of Albemarle and the Property Owner. IN WITNESS THEREOF, the parties hereto have caused this asreement to be executed in duplicate by their duly authorized officers. B. DAN DICKERSON BY: U/' TITLE: DATE: COUNTY OF ALBEMARLE ~ BY: wcd/;:;,~ ~ \ TITLE: DATE: Ap~roved as to-form: Colunty Attorney . t. CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND A. T. WILLIAMS This agreement, made this ____ day of , 1994, between B. A.T. Williams, (IIPROPERTY OWNERII) and the COUNTY OF ALBEMARLE (IICountyll). WHEREAS, the Property Owner and the County of Albemarle have mutually agreed to the construction of a section of a service road to be built as a part of State project numbered 6029-002- F19, CS02i and WHEREAS, the County of Albemarle has entered into an agreement with VDOT, at the request of the Property Owner, to design the service road as shown on sheet 10 of the project 6029-002-F19, CS02i and WHEREAS, the Property Owner agrees that it would be in his best interest to have the construction administered by VDOT through agreement with the County of Albemarlei and NOW, THEREFORE, and in consideration of the mutual covenants and other conditions herein stipulated to be kept and performed, it is agreed by the parties hereto as follows: 1. Property Owner will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange .for the relocation of any public and private utilities, where necessary without cost to the County of Albemarle. Certify that a~l right-of-way and easements are free of hazardous materials. b) Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, construction costs, construction engineering, actual contingencies (cost overruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have the right to inspect any construction within the project limits. All communication between the Property Owner and the contractor shall only be through VDOT per the agreement with the County of Albemarle. d) The estimated cost for the construction of the frontage road portion associated with this property is $29,268. (includes 8% inspection costs) . . r e) The Property OWner shall provide to the County a surety acceptable to the County in the amount of the estimated pro rata cost for the construction of the frontage road attributed to such property owner. Such surety shall be in the for.m of a letter of credit, cash escrow, or certified check, unless otherwise approved by the County. The surety shal~ be provided to the County at the time of the execution of this agreement. f) Upon award of the contract for construction, the County shall draw the surety and place the funds in a special account to be drawn on solely for the purpose of completing this project. In lieu of a draw on the surety, the property owners may substitute certified funds to the County upon notice that the contract for construction has been awarded. The County shall provide 14 days notice to the property owners prior to the draw on the surety. If actual costs are less than the estimated cost, the balance will be refunded to the property owners at the completion of construction. 2. The County of Albemarle will: (throuqh an aqreement with VDOT): a) Provide survey, detailed plans, drawings, specifications and cost estimates necessary to construct the frontage road. b) Administer, supervise and inspect the construction of the frontage rbad through final acceptance, in accordance with the design plan, contract specifications or any other modifications thereto. c) Procure, in confor.mance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the frontage road. d) Deter.mine, in conjunction with the Property Owner, the need for additional work to be added to the contract. Change orders will be approved in writing by the Property Owner and the County of Albemarle prior to the commencement of any work, except in the case of an emergency and/or when the time involved in the execution of the change order would prove costly or detrimental to the Property Owner and the County of Albemarle. e) Submit to the Property OWner the certification from VDOT of all expenses for the construction of the frontage road. The certification of expenses will be submitted to the Property OWner upon completion of project 6029-002-F19, CS02. The final billing shall be made on the basis of actual costs. . .. 15. I 16. ~~th~n~ herein shall be construed as creating any personal ab~l~ty on the part of any officer, employee, or agent of the p~rties, nor shall it be construed as giving rights or benef~ts to anyone other than the parties hereto. This agreement shall be binding upon the parties hereto, and their respective assigns. 3. 4. Upon the execution of this Agreement by both parties, the County of Albemarle is hereby authorized to allow VDOT to commence w~th this project. The County of Albemarle or Property Owner may, at any time, make changes in THIS AGREEMENT that are mutually agreed upon. Any such changes shall be set forth in writing in a supplemental agreement between the County of Albemarle and the Property Owner. IN WITNESS THEREOF, the parties hereto have caused this greement to be executed in duplicate by their duly authorized fficers. Approved as to form: County Attorney A.T. WILLIAMS BY: TITLE: DATE: COUNTY OF ALBEMA;;.H ~ BY:U)OJti;,) I TITLE: DATE: .. CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND A. T. WILLIAMS This agreement, made this .:z:t!J day of ~ {,' L between B. A.T. Williams, ("PROPERTY OWNER") d the ALBEMARLE ("County"). , 1994, COUNTY OF WHEREAS, the Property Owner and the County of Albemarle have mutually agreed to the construction of a section of a service road to be built as a part of State project numbered 6029-002- F19, CS02; and WHEREAS, the County of Albemarle has entered into an agreement with VDOT, at the request of the Property Owner, to design the service road as shown on sheet 10 of the project 6029-002-F19, CS02; and WHEREAS, the Property Owner agrees that it would be in his best interest to have the construction administered by VDOT through agreement with the County of Albemarle; and NOW, THEREFORE, and in consideration of the mutual covenants and other conditions herein stipulated to be kept and performed, it is agreed by the parties hereto as follows: 1. Property Owner will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange for the relocation of any public and private utilities, where necessary without cost to the County of Albemarle. Certify that all right-of-way and easements are free of hazardous materials. b) Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, construction costs, construction engineering, actual contingencies (cost overruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have the right to inspect any construction within the project limits. All communication between the Property Owner and the contractor shall only be through VDOT per the agreement with the County of Albemarle. d) The estimated cost for the construction of the frontage road portion associated with this property is $29,268. (includes 8% inspection costs) . . . , e) The Property Owner shall provide to the County a surety acceptable to the County in the amount of the estimated pro rata cost for the construction of the frontage road attributed to such property owner. Such surety shall be in the form of a letter of credit, cash escrow, or certified check, unless otherwise approved by the County. The surety shall be provided to the County at the time of the execution of this agreement. f) Upon award of the contract for construction, the County shall draw the surety and place the funds in a special account to be drawn on solely for the purpose of completing this project. In lieu of a draw on the surety, the property owners may substitute certified funds to the County upon notice that the contract for construction has been awarded. The County shall provide 14 days notice to the property owners prior to the draw on the surety. If actual costs are less than the estimated cost, the balance will be refunded to the property owners at the completion of construction. 2. The County of Albemarle will: (throuqh an aqreement with VDOT): a) Provide survey, detailed plans, drawings, specifications and cost estimates necessary to construct the frontage road. b) Administer, supervise and inspect the construction of the frontage road through final acceptance, in accordance with the design plan, contract specifications or any other modifications thereto. c) Procure, in conformance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the frontage road. d) Determine, in conjunction with the Property Owner, the need for additional work to be added to the contract. Change orders will be approved in writing by the Property Owner and the County of Albemarle prior to the commencement of any work, except in the case of an emergency and/or when the time involved in the execution of the change order would prove costly or detrimental to the Property Owner and the County of Albemarle. e) Submit to the Property Owner the certification from VDOT of all expenses for the construction of the frontage road. The certification of expenses will be submitted to the Property Owner upon completion of project 6029-002-F19, CS02. The final billing shall be made on the basis of actual costs. " 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving rights or benefits to anyone other than the parties hereto. 4. This agreement shall be binding upon the parties hereto, and their respective assigns. 5. Upon the execution of this Agreement by both parties, the County of Albemarle is hereby authorized to allow VDOT to commence with this project. 6. The County of Albemarle or Property Owner may, at any time, make changes in THIS AGREEMENT that are mutually agreed upon. Any such changes shall be set forth in writing in a supplemental agreement between the County of Albemarle and the Property Owner. IN WITNESS THEREOF, the parties hereto have caused this ~greement to be executed in duplicate by their duly authorized officers. A.T. WILLIAM~~ BY: Jt. . LIi!t~{;v {~, {-o t.: J TITLE: DATE: COUNTY OF ALBEMARL~ By:LJ~7~ TITLE: Chairman, Board of County Supervisor~ DATE: June 20, 1994 Approved as to form: ~1r.L ry orney j '~f,f!, :: CONSTRUCTION AGREEMENT BETWEEN VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ALBEMARLE This agreement, made this 1, day of , 1994, WHEREAS, the County and VDOT have mutually agreed to the c nstruction of a section of a se~ice road to be built as a part o State project numbered 6029-002-F19, C502i and WHEREAS, VDOT, at the request of Albemarle County, has signed plans for the service road as shown on sheet 10 of the oject 6029-002-F19, ~~02i and WHEREAS, the County agrees that it would be in their best terest to have the construction administered by VDOT; and NOW, THEREFORE, and in consideration of the mutual covenants d other conditions herein stipulated to be kept and performed, it agreed by the parties hereto as follows: County will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange for the relocation of any public and private utilities, where necessary without cost to VDOT. Certify tha.t all right-of-way and easements are free of hazardous materials. b} Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, con$.truction costs, construction engineering, actual contingencies (cost ov~rruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have. the right to inspect any construction within the project limits. All communication between the County and the contractor shall only be through VDOT. d) The estimated cost for the construction of the frontage road is $51,257.00 (includes 8% inspection costs). e) The County will be billed for mobilization upon award of the contract and be billed monthly for estimated costs based on contract prices. Actual costs in excess of this estimated amount will be billed to the County at the completion of construction. If actual costs are less than the estimated cost, the balance will be refunded tot he County at the completion of construction. nr ", '~ IN WITNESS agreement to be officers. THEREOF, executed Approved as to form: -)~~ ~y ~orney the parties hereto have caused this in duplicate by their duly authorized COUNTY OF ALBEMARL}) VIRGI~IA BY: W~ ~y~ TITLE: Chairman, Board of County Supervisors DATE:- June 20, 1994 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: .. ~ J' .... CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND B. DAN DICKERSON This agreement, made this ~ day of Ju ()~ , 1994, between B. Dan Dickerson, ("PROPERTY OWNERlI) and the COUNTY OF hLBEMARLE ("County"). WHEREAS, the Property Owner and the County of Albemarle have mutually agreed to the construction of a section of a service ~oad to be built as a part of State project numbered 6029-002- F19, CS02; and WHEREAS, the County of Albemarle has entered into an ~greement with VDOT, at the request of the Property Owner, to design the service road as shown on sheet 10 of the project 6029-002-F19, CS02; and WHEREAS, the Property Owner agrees that it would be in his best interest to have the construction administered by VDOT through agreement with the County of Albemarle; and NOW, THEREFORE, and in consideration of the mutual covenants Qnd other conditions herein stipulated to be kept and performed, it is agreed by the parties hereto as follows: 1. Property Owner will: a) Provide all the necessary right-of-way free from encumbrances, including all required easements and arrange for the relocation of any public and private utilities, where necessary without cost to the County of Albemarle. Certify that all right-of-way and easements are free of hazardous materials. b) Pay 100 percent of all cost of the improvements for the frontage road. These costs shall include inspections, construction costs, construction engineering, actual contingencies (cost overruns) incurred, and all other costs attributable to the construction which are documented as actual project expenses. c) Have the right to inspect any construction within the project limits. All communication between the Property Owner and the contractor shall only be through VDOT per the agreement with the County of Albemarle. d) The estimated cost for the construction of the frontage road portion associated with this property is $21,989. (includes 8% inspection costs) . e) The Property Owner shall provide to the County a surety acceptable to the County in the amount of the estimated pro rata cost for the construction of the frontage road attributed to such property owner. Such surety shall be in the form of a letter of credit, cash escrow, or certified check, unless otherwise approved by the County. The surety shall be provided to the County at the time of the execution of this agreement. f) Upon award of the contract for construction, the County shall draw the surety. and place the funds in a special account to be drawn on solely for the purpose of completing this project. In lieu of a draw on the surety, the property owners may substitute certified funds to the County upon notice that the contract for construction has been awarded. The County shall provide 14 days notice to the property owners prior to the draw on the surety. If actual costs are less than the estimated cost, the balance will be refunded to the property owners at the completion of construction. 2. The County of Albemarle will: (throuqh an aqreement with VDOT): a) Provide survey, detailed plans, drawings, specifications and cost estimates necessary to construct the frontage road. b) Administer, supervise and inspect the construction of the frontage road through final acceptance, in accordance with the design plan, contract specifications or any other modifications thereto. c) Procure, in conformance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the frontage road. d) Determine, in conjunction with the Property Owner, the need for additional work to be added to the contract. Change orders will be approved in writing by the Property Owner and the County of Albemarle prior to the commencement of any work, except in the case of an emergency and/or when the time involved in the execution of the change order would prove costly or detrimental to the Property Owner and the County of Albemarle. e) Submit to the Property Owner the certification from VDOT of all expenses for the construction of the frontage road. The certification of expenses will be submitted to the Property Owner upon completion of project 6029-002-F19, CS02. The final billing shall be made on the basis of actual costs. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving rights or benefits to anyone other than the parties hereto. 4. This agreement shall be binding upon the parties hereto, and their respective assigns. 5. Upon the execution of this Agreement by both parties, the County of Albemarle is hereby authorized to allow VDOT to commence with this project. 6. The County of Albemarle or Property Owner may, at any time, make changes in THIS AGREEMENT that are mutually agreed upon. Any such changes shall be set forth in writing in a supplemental agreement between the County of Albemarle and the Property Owner. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed in duplicate by their duly authorized officers. TITLE: DATE: COUNTY OF ALBE~E _ BY:W~~~ TITLE: Chairman, Board of County Supervisor DATE: June 20, 1994 Approved as to form: ?p/)'.~ ~ orney ," f f r r o a o' :J \J c: ~ o I CD 0) :::!. :J <0 .- -i sa- ~ r CD :J <0 - ~ --- - \J 0) (0 CD l\.) m ~ -0 7 (() ~ ~ - ~ lo 3 CD en - \J a -0 o en CD a. (j) x' -< CD 0) ..., (j) CD 8 :J a. 0) 0-< o ::0 c: 0 aO) '<a. \J\J o - ;::10) -. :J o :J --- ~ I s: 0) '"f (() ~ ~ ~ ~. CD en -Efl ~ o W ~. o' :J <6 ~ (() ~ < CO ..., 0 C"-i 0) :J(j) (j) x' ~-< _CD CD 0) 3 :. 3 -0 a .- < OCD ;:0:3 '< CD :J \J- o \J ;::1..., -. 0 0(0 2.Ql 3 1 - 01 I Z o -;: (() w o i:n ~. CD en o et CD - r CD ~ - ~ -Efl (() lo m ~. o' :J I o ..+ '< \J o 2: o :J - o o c: ~~ \Jtn o .. 2: o :J """ -Efl ~ -i l\.) I sa- W I 0) 3 I I 0 II :J ..... s: n - ~ ..... -. CiJ - ::a o D) c. 6'm s.~ CD CD I\J ~ O1fn o _. o OJ ~ '< '"C I OJ I en I en oS: (I) ;CD) -. c. o 0 ;C ~ ~ n a.CiJ (I) ~ -a D) .., ~ D) '< ~ I (j) ~ CD m. ~ t ~ ~ ~ " David P. Bo nnan Charlotte ille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin R ivanna Charlotte Y. umphris Jack Jou II Walter F. Perkins White Hall Forrest R. Ma shall, Jr. Scottsvi e Sally H. Thomas Samuel Miller May 9, 1994 Ms. Cat Maguire Pie mont Council of the Arts 111 E. Main Street Cha lottesville, VA 22902 Ms. Maguire: Attached is the resolution adopted by the Albemarle Board of County Sup rvisors at its meeting on May 4, 1994, designating the Piedmont Council of the Arts as the official local arts agency of the County of Albe- mar e. If I may be of further help, please call 296-5843. Sincerely, f (ltz h (~tLV Ella W. Carey, Cle~, CM C Board of County Supervisors Att chment * Printed on recycled paper RES 0 L UTI 0 N WHEREAS the purpose of piedmont Council of the Arts is to be he catalyst for advancing the thriving presence of the arts to nhance the quality of life in our region; and WHEREAS the County of Albemarle desires to ensure planning, romotion, coordination and provision of arts and culturally elated services and deems that making cultural activities a ailable to its citizens is a valuable service; and WHEREAS the County of Albemarle acknowledges that subject to a ailability public funding of the arts is desirable; and WHEREAS piedmont Council of the Arts has completed a cultur- al agency plan to engender new life and support for the arts in r community through a commitment to atlvocacy, service, communi- partnerships and inclusiveness; and WHEREAS the County of Albemarle is desirous of naming Piedmont Council of the Arts as its local arts agency to operate o its behalf in providing planning, services and development for t e arts in our community; NOW, THEREFORE, BE IT RESOLVED that the Board of County of pervisors and the County of Albemarle designated piedmont uncil of the Arts as the official local arts agency of the unty of Albemarle. * * * * * I, Ella W. Carey, do hereby certify that the foregoing w iting is a true, correct copy of a resolution adopted by the Bard of County Supervisors of Albemarle County, Virginia, at a r gular meeting held on May 4, 1994. f((e, ju t~ury Clerk, Board of County ~ervisors 1:.'".._U....,._.:>"'=~~ - i ~b61 ';:, HdV EXECUTIVE SUMMARY GENDA TI LE: Piedmont Council of the Arts Request or Designa ion AGENDA DATE: May 4, 1994 ..,..' rpW~/'d ',"';"';i"., , "~r0 ,'. 9'~./ /~t:!l.1~ i(r.:':': :\, :1;.~#3,2 INFORMATION: ACTION: X SUBJECTIP OPOSAL/RE UE T: Request to approve a esolution d signating the Piedmont Council of the Arts s the offici 1 arts agency for Albemarle County CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes ~~ I REVIEWED BY: The Piedmo t Council of the Arts has recently completed, with the assistance of a national grant ,a "Cultural Plan for the Piedmon Council of the Arts and the Community". This strategic plan, which is attached, outlines the mission, the guiding rinciples and the strategies for establishing the Arts Council in a leadership role to shape and promote a dynamic art environment for the community in the 21st centrury. Based on their desire to implement their strategic plan in the c mmunity, the Arts Council is requesting that the Board of Supervisors officially designate them as the offficial arts agency for Albemarle County. Designation . s a term used to describe the procedure whereby a private non-profit agency establishes a more formal working rei ionship with its local county/and or city government. For the Piedmont Council of the Arts, this type of designation ill not only provide more clarity between the parties in regard to responsibility, funding, accountability and commu ication, but it will also enable the Arts Council to more successfully leverage state and federal funding, as well as pr vate sector funding at the local, state and national levels. The attache resolution recognizes the Piedmont Council as the catalyst for advancing the arts in our community and states the C ty's desire to ensure that cultural and arts activities are provided to its citizens. It also recognizes that the desire to provide art activities and programs within the community is subject to the availability of public funds. The City of harlottesville has approved a similar reslolution and will formally adopt it at their May 2 Council meeting. Staff recom ends adoption of the attached resolution recognizing the Piedmont Council of the Arts as the offical local arts ag ncy of Albemarle County. Attachments .. ... RESOLUTION REAS the purpose of Piedmont Council of the Arts is to be the catalyst for advancing the thriving presence of the arts to enhance the quality of life in our region and; REAS the County of Albemarle desires to ensure planning, promotion, coordination and provision of arts and culturally related services and deems that making cultural activities available to its citizens is a valuable service and; REAS the County of Albemarle acknowledges that subject to availability public funding of the arts is desirable and; REAS Piedmont Council of the Arts has completed a cultural agency plan to engender new life and support for the arts in our community through a commitment to advocacy, service, community partnerships and inclusiveness and; REAS the County of Albemarle is desirous of naming Piedmont Council of the Arts as its local arts agency to operate on its behalf in providing planning, services and development for the arts in our community; THEREFORE BE IT RESOLVED that the Board of Supervisors and the County of Albemarle designate Piedmont Council of the Arts as the official local arts agency of the County of Albemarle. ~ Signed: Chairman, Albemarle Board of Supervisors R /dbm 94.019 :?~~~;j/ j?~~~ ,/.~a '----1:/ ''17. '.- -,') ,/ , ':''7 (/7'/ /' 30 .;,. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 February~10, 1994 Albert and Joan DeRose P.' O. Box 143 Free Union, VA 22940 },mff RE: ~93-20 Albert & Joan DeRose Dear Mr. & Mrs. DeRose: The Albemarle County Planning Commission, at its meeting on Fe~ruary 8, 1994, unanimously recommended denial of the above- noted request to the Board of Supervisors. Pl~ase be advised that the Albemarle County Board of Supervisors wi~l review this petition and receive public comment at their me$ting on March 9. 1994. Any new or additional information re~arding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled heCliring date. If.you should have any questions or comments regarding the ab~ve-noted action, please do not hesitate to contact me. Sincerely, vd- tJ~ William D. Fritz Selllior Planner WDF/jcw cc: Ella Carey Amelia McCulley Jo Higgins STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ FEBRUARY 8, 1994 MARCH 9, 1994 IZMA-9'3-20 ALBERT DeROSE Petition: Albert DeRose petitions the Board of Supervisors to ~mend the Buck Mountain PRO to allow one additional lot on an existing 5.8 acre parcel. The property, described as Tax Map 17, Parcel 62, is located on the east side of Route 601 approximately .33 miles north of the Route 601/Route 667 intersection in the White Hall Magisterial District. This property is not located in a designated growth area (Rural Area I). Character of the Area: The parcel under review has one dwelling and is wooded. Multiple dwellings are located in the area. A gas pipeline pumping station is adjacent to this property. The area behind the lot is open space and large lots (formerly part of the Buck Mountain PUDlo An Agricultural/Forestal Distri.ct is located opposite Route 601 from this site. ADD1icant's ProDosa1: The applicant proposes to divide the 5.6 acre parcel into a 3.4 and a 2.4 parcel. A justification for this request has been provided by the applicant (Attachment C). ~UMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 and recommends denial. flannina and Zoninq History: April 23, 1975 - Board of Supervisors approved SP-450 creating the Buck Mountain PUD. May 16, 1979 - Board of Supervisors approved SP-79-15 which amended the road standards. November 28, 1990 - Board of Supervisors approved ZMA-90-23 rezoning land in the Buck Mountain PUD from to PRO and RA. (This parcel was rezoned to PRO). During that review staff prepared the following analysis outlining the possible development scenarios for the Buck Mountain Development: 1. The original PUD was approved for 136 lots and associated open space on 698.62 acres for an overall density of 1 dwelling unit per 5.1 acres. 2. The current PRO encompasses 188.785 acres in 47 lots plus an open space parcel of 49.205 acres. This yields an overall density of 1 dwelling unit per 5.06 acres. 3. Of the 47 lots zoned PRO, 22 are less than 4 acres (so they ~6uld not be divided even if "viewed" as RA). 4. The 25 lots that are 4 acres or greater could theoretically create 32 new lots. This would result in a total of 79 lots zoned PRO. (22 + 25 + 32 = 79). 5. Dividing the same total acreage (237.99 acres) by 79 lots results in an overall density of 1 dwelling unit per 3.01 acres. 6. ZMA-90-23 rezoned 435.558 acres from PUD to RA. The land included was in 6 parcels that were shown on the original PUD application plan as 88 lots. The downzoning to RA reduced that potential to 45 lots (15 of which must be at least 21 acres). 7. Therefore, the overall lot comparison is: Original Buck Mountain PUD - 136 lots Current RA downzoned and PRO - 92 lots If PRO lots allowed to develop as RA - 124 lots Numerous subdivision plats have been approved for the Buck Mountain development. The parcel under review was created in 1975. ComDrehensive Plan: This area is located within the Rural Areas as recommended by the Comprehensive Plan. The Comprehensive Plan states: "Additional lots are contrary to Rural Area preservation. However, there may be parcels which could qualify for additional lots under the ordinance criteria, especially adjacent to Growth Areas" (page 204). The Plan observes that, "The special use permit provision has resulted in very few additional lots approved since 1980, which may indicate that few properties meet the established criteria" (page 204). The Comprehensive Plan states on Page 203: "All decisions concerning Rural Areas shall be made in the interest of the four major elements of the Comprehensive Plan. The four major elements are: 1) preservation of agricultural and forestal activities; 2) water supply protection; 3) limited service delivery to the Rural Area; and 4) conservation of natural, scenic, and historic resources." 2 . . COMMENT: has identified the following major issues for this request: Previous approvals for the Buck Mountain development. 'Comprehensive Plan. revious a rovals for the uck Mountain develo ment: Buck ountain PUD was approved in 1975 under prior zoning ordinance SP-450). As a PUD, development is limited to that depicted on h~ application plan. This property was shown as one lot with ne house. t time of adoption of the current zoning ordinance, the Board ecognized previously approved planned developments. n 1990, the Board approved a rezoning (ZMA-90-23) which reduced he amount of land in the planned development. Property ithdrawn from the PUD was reduced in allowable development. The emainder of the planned development was redesignated as PRD. he property under review was shown as a single lot within the uck Mountain Development, and has developed in accord with the riginal plan. The approval of this request would make denial of imilar requests in the Buck Mountain development difficult as his property has no characteristics distinguishing this site rom others in the development. uring the 1990 rezoning the developed portion of the Buck ountain development retained PRD zoning due to the presence of pen space and as a recognition that development had followed the pproved plan. (Staff can find no comment regarding developed ots which are less than two acres in size. However, if the ntire site had been rezoned to RA those lots would have become on-conforming). taff opinion is that this property has developed in accord with he approved development plan. While a portion of that plan has een abandoned the applicant has received benefit of the approved Ian. (Staff notes that any planned development may not be ompletely built out due to any number of factors). om rehensive Plan: This site is located within the Rural Ares f the Plan. This site is also within the watershed of both the xisting South Fork Rivanna Reservoir and the proposed Buck ountain Reservoir. Staff notes that residential development, ot related to agriculture or forestry, is discouraged in the ural Areas. Following adoption of the current Comprehensive 3 Plan, the Board amended the Zoning Ordinance to reflect plan recommendations. Relevant to this case was new language in Section 10.5.2.1: "The board of supervisors may authorize the issuance of a $pecial use permit for (underlining added): a. More lots than the total number permitted under section 10.3.1 and section 10.3.2: provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinkinq water supply impoundment." This property is located in the South Fork Rivanna River ~eservoir watershed. Therefore, if this property were zoned RA as opposed to PRD, the language of the ordinance would preclude ~he Board from approving this request. On the other hand, if this parcel were zoned RA, it could be Subdivided without special permit as it was a parcel of record in December, 1980 and is 5.8 acre is size, allowing two (2) development rights. While this is a zoning map amendment and not a special use permit, staff notes that much of the criteria of 10.5.2.1 is not ~et by this request. Notably, this area is not a developed rural ~rea and is greatly removed from any designated growth area. ~ezoning from a non-complying designation would be viewed favorably if the result were more in conformance with the recommendations of the Comprehensive Plan and current zoning ordinance. Non-complying zoning was intended to recognize prior situation and was not, therefore, directly susceptible to change to another non-complying designation. While modest expansions of existing business/industries were supported, more intensive non-complying residential zoning has npt been supported (RA to R-2 along Rte. 810). In summary, it has been staff view point that recognition of nbn-complying zoning by the Board in 1980 was not intended to encourage a more non-complying designation in the future. A~proval of this request would constitute a more non-complying situation in regard to the recommendations of the Comprehensive Plan and the intent and specific language of the RA zone. 4 A planned development under current zoning provisions is intended as binding as to the physical development of land. It has been consistent practice to limit intensity of development in conditions/agreements, setforth at time of zoning approval. This does not mean that an application plan cannot be subsequently amend~d consistent with recommendations of the Comprehensive Plan,' good zoning practice and the like. However, anyone buying one lot shown for one dwelling under such a binding zoning plan cannot be heard to have been deprived. As stated previously staff opinion is that this request would not be". consistent with the recommendations of the Comprehensive Plan. Staff has identified the following factors which are favorable to this request: 1. The proposed development will have minimal impact on capital improvements programming. 2. The site has no physical limitations to development. 3. The size of the property does not encourage Agricultural or Forestal use. staff has identified the following factors which are unfavorable to this request. 1. The site is located in the Reservoir Watershed of both the South Fork Rivanna Reservoir and the proposed Buck Mountain Reservoir. 2. The site is located in an Agricultural/Forestal Area and is not within a developed Rural Area. 3. The site is not within close proximity to a designated growth area. 4. Approval of this request may set a precedent for additional requests for lots in the Buck Mountain PRO. s. This proposal would add a small amount of traffic to a portion of Route 601 which is non-tolerable. 6. The request is not consistent with the Comprehensive Plan recommendations for this site. Staff opinion is that approval of this request would set a precedent possibly permitting development of a portion of the Buck Mountain development at a density greater than that originally anticipated. 5 For the above stated reasons, staff recommends denial of this request. Should the Board of Supervisors choose to approve this request the following conditional agreement to the Buck Mountain PRD shoul~ be added: 1. Property, described as Tax Map 17, Parcel 62 may be divided in accord with the plat prepared by Susan Aitken Riddle DeRose dated December 27, 1993 and initialed WDF 1/27/94. ------------------ AT'1'ACHMENTS : A-Location Map B-Tax Map C-Applicants Comments D-Plat 6 ........... ~ '" ~ v o v G / ( .................~ /( Mission \ "'-l!om. , .. // I~ ............... ~ I.~ ....." \ @ill 'f. ~ _ P./------L/ "l~~ [BI9J....--- 'u\~ , 1 . /'" , Lyn'h~ ~ ~810. 5. 900n".,",. . o."'s [8101 FLAT MTN. " LICK MOUNTAIN ~ ~~.::~""'.{,~"i' .., f? I ATTACHMENT AI ~ ~ tv ~ ~r>-~'f.- , c LITTLE o (j ~ .P I~ )~ ? ~/'r../ ,\ 0 "'\ ," \ f ? FOX MOUNTAIN ..f;i -!O\ ~. ;", MOUNl AIN ~\.\lOo.N ''-..., C.".. Mln fT --~ r ALBEMARLE COUNTY (ATTACHMENT B I 16 'f- \ ~ 29 . ) \ . '. \ } ~\ . . r'" .I ) 7 30 f \ ~r I ) l \ . -t-~~~~~. ~.~; V"_ 13 18 SEE lB- " .... ScliALE IN FEET ur 1400 , WHITE HALL DISTRICT SECTION 17 I ATTACHMENT C 1 Date: December 27, 1993 Re: ZMA Application Albert and Joan DeRose P.O. Box 143 Free Union, VA 22940 (804) 973-1031 Tax Map 17, Parcel 62 Lot 18, Buck Mountain PRO Whitehall Magisterial District Albemarle County, Virginia Request: Minor Amendment to Buck Mountain PRO Show two (2) lots where Lot 18 is shown Justification: -The Buck Mountain Subdivision has essentially been abandoned in terms of fulfilling its original development plan. -The development of community facilities within the Buck Mountain Subdivision which would.have provided an advantage to the homeowner have not materialized as was anticipated. -The properties across State Route 601 and behind Lot 18 are currently zoned RA. -This parcel is encumbered by the PRO zoning, without the benefit of the advantages of such a zoning designation. -There is a 2+ acre parcel directly across S.R. 601 (TMP 17-10A) -A six 'acre parcel across S.R. 601 (TMP 17-8A), zoned RA has full development rights. -The proposed amendment is consistent with parcel sizes within the surrounding neighborhood as well as within the Buck Mountain PRO. -Upon approval of this request, the owner will apply for administrative approval of a minor subdivision plat, in compliance with the applicable standards and requirements. . PRELIMINARY PLAT 51- NG: PROPOSED DIVISION OF LOT 1 8 BUCK MOUNTAIN SUBDIVISION TAX MAP1?, PARCEL 62 WHITEHALL DISTRICT AL~EMARLE COUNTY, VIRGINIA S~.ALE: 1" = 100' DECEMBER 27, 1993 PLA.y PRT.PARI.'O 01:' Susan AitkenRiddle OeRose. PE. Civil E/ngineer Cnaf-lolte:;vitle. T'i'f:fJima .......... SHEET 1 OF I ATTACHMENT 0 J PEAK PREPARED rOR: Albert and Joan OeRose P. O. Box 143 Free {lnl'on, Virginia -, " " "" TAX MAP 17 " PARCEL 260 " " " " " " '--- -- OPEN SPACE ------ .., 10", ~..... :;:" ,,~ <0 Z TAX MAP 1 7 PARCEL 61 - -"'. TOTAL AREA: 5.854 ACRES PROPOSED MINOR AMENDMENT TO PLIO TO ALLOW TWO LOTS WHERE LOT 18 IS SHOWN. , , , , , , "- , , , '--------- S 29'03'1' E 15.....3 PROPOSED 2.44 ACRE PARCEL OPEN SPACE N '5' 2J' JJ" PROPOSto IV LINt OF' 449.48 OIVISIO PROPOSED N 3.41 ACRE PARCEL W / EXISTING RESIDENCE ... b.. co<r-- ~o "'oD ..co< '" % -------------------- (XIST 2-STr rR~,,( /' ~- ~ / -... ...... (\ ", \ \\ ',- ,; -~I ) : , , I, " " /~ ( I ) I I TAX MAP 17 PARCEL 63 {) y \U\v\ vi \ \'0-'1 STATE ROUTE 601 ---------------------------------------- o 50 100 200 ..... I SCALE IN rEET ( A.K.A. FREE UNION ROAD ) - '------~-~ . . 134/213/94 13:59 21: 81302954138 r\ ::>I '-1) t<OJ'7<( JOH~, r:l. DE~:IO P.02 JOHN A. DEZIO ATTORNI:Y AT LAW t11t1 I:'^.'>T ,1f.FH,J...f>C''N !>TREF.1' 1'0~T C" IICI' I,OX ~;1"G CI-IARLOTTESVI LI r, VA. 2290~ (HO,n €\l!:,-,jI:lK FAX (BO-i) 20[:'"320(\ I'11.f. 'N..) April 20. 1994 R( bert W. l'ucl: r.. Jr. Cc unty Execut:l" (! C( unty of Alh(:i'llrlc 4( 1 McIntire )1 ,ad Ct arlottcsvHl,.'. VA 22902 Rl: Albert PI '080 ~MA-93""2(l Dear lIoh: On behalf of Albert DeRose and Joan DeRose) I hereby roquest th~t thrjr hEaring on the petition which they filed for rezoning be continued [rom 7:00 P.M. or April 20. )\194 to the 9:00 A.M. meeHng on May L" 199/,. Thank yO\! for your courtcsiCR in th:ls matter. SiZY' t? ~ ~IN A. DEZ]O J/D:bh cc: Mr. and }In;. Albert I>eRo~e " o /08/94 14:43 ft804 982 2951 141 001 t'VA CIVIL EKGR .. 3~~~~ Maroh tI, 191:14 MAF< RI!!: ZMA # 93-20 Applicant: Albert and Joan DeRose To~ The Board of Supervisors FAX # 296-5800 J=rom: Susan Aitken Riddle DeRosa on BehaH of Albert and Joan DeRo~e Please accept this request for a deferral 01 the above nlatt~r to the April 14, 19!:14, Board of Supervisors' meeting. An illness in the family prohibits the applicant from att&nding the Board of Supervisors' meeting tomorrow. Please phone me at !:Iltl-1015 or 924-7630 it you require additional information, Thank-you. ~_a.~f2k~ Susan Aitken Riddle DeRose, P.E. . . David P. BoW€nnan Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virgmia 229024596 (804) 296.5843 FAX (804) 972-4060 Charles S. Martin R iVilnnd Charlotte Y. Humphns Jack JOl,lelt Walter F. Perkms White Hilll Forrest R. M'1rshall, Jr. Scoltsville Sally H. Thomas S(ln1Uf'1 MIller February 18, 1994 Albert and Joan DeRose PO Box 143 Free Union, VA 22940 1./'1,"j;), RE: .~~~:"93 -20 - Albert & Joan DeRose Dear Mr. and Mrs. DeRose: This letter is to inform you of the Board of Supervisors' schedule for its March 9, 1994 meeting. The first item on the Board's agenda for this meeting is a public hearing to receive comments on the 1994-95 County budget. The Board is ~llowing approximately two hours for this public hearing. Your petition and three others will be heard following that item which will not end until at least 9:00 p.m. The meeting will begin at 7:00 p.m., in the Auditorium on the Second Floor of the County Office Building. If you do not wish to be present at the beginning o~ the meeting, you may wait until 9:00 p.m. to appear. I hope this does not cause any inconvenience, we simply wanted to inform you of this delay should you choose not to attend the budget hearing. Should you have any questions or concerns, please do not hesi~ate to contact this office. EWC:mms s;;~;' tJ, ~"Zi</r/ 4;10<". Carey, cleYi/a {/ cc: Joseph L. & Marie M. Morris Ruby A. Hicks Geoffrey D. or Denise B. Kilmer Gilmer R. Shiflett Buck Mountain Homeowners Association, Inc. V. Wayne Cilimberg * Printed on recycled paper .. David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin R ivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Miller TO WHOM IT KAY CONCERN FROM: Ella W. Carey, Clerk, CMC 8UJ(,/ DATE: May 9, 1994 SUBJECT: Ordinances adopted May 4, 1994 Attached are copies of the following ordinances which were adopted by the Board on May 4, 1994: 1} An ordinance to amend and reordain Chapter 2, Administra- tion, Article IX, Industrial Development Authority of the Code of Albemarle, Virginia. 2} An ordinance to amend and reordain Chapter 13, Offenses- Miscellaneous, Section 13-18, Shooting in, or along or near road or in street, of the Code of Albemarle, Virginia. If you have any questions, please call 296-5843. EWC:len Attachments (2) cc: Judge Stephen Helvin Honorable James Camblos Police Chief John Miller Larry Davis, Esq. Robert W. Tucker, Jr. James B. Murray, Jr., Chairman, IDA Municipal Code Corporation File * Printed on recycled paper . ORDINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 13, OFFENSES-MISCELLANEOUS SECTION 13-18, SHOOTING IN, OR ALONG OR NEAR ROAD OR IN STREET OF THE CODE OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 13, Offenses-Miscellaneous, Section 13-18, Shooting in, or along or near road or in street, is hereby amended and reordained effective July 1, 1994, by amending Section 13-18, as follows: Sec. 13-18. Shooting in, or along or near road or in street. No person shall discharge any firearm, crossbow or bow and arrow in or across any road or within the right-of-way thereof, or in a street of any town, whether the town is incorporated or not. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. This ordinance shall be effective July 1, 1994. ****** I, Ella W. Carey, do hereby certify that the foregoing writing is a true correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 4, 1994. ~fia )1/ (fUnVX ~erk, Board of County Supe#ors , , I. ORDINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2. ADMINISTRA nON ARTICLE IX. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CODE OF ALBEMARLE. VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article IX, Industrial Development Authority. is hereby amended and reordained by amending Sections 2-47 through 2-53, as follows: ARTICLE IX. INDUSTRIAL DEVELOPMENT AUTHORITY Sec. 2-47. Political subdivision--C,eated. There is hereby created a political subdivision of the Commonwaalth of Virginia, pursuant to chapter 33 of title 15.1 of the Code of Vi,ginia, as amended, in the manner he,einafter set out. Sec. 2-48. Same--Name. The name of the political subdivision created shall be the "Industrial Development Authority of Albemarle County, Virginia," hereinafter, the industrial development authority. Sec. 2-49. Powers and duties generally. The industrial development authority shall have all such public and corporate powers as are or may from time to time be conferred upon the industrial development authorities generally by the provisions of the Industrial Development and Revenue Bond Act, Code of Virginia, Chapter 33 of Title 15.1 (Sections 15.1-1373 - 15.1-1393) and shall in the exercise of such powers adhere in all respects to the provisions of such Act, except as otherwise hereafter expressly provided. Sec. 2-50. Board of supervisors to approve financing. No financing of any facility by the industrial development authority which requires approval of the board of supervisors pursuant to the Internal Revenue Code of 1986, or the Code of Virginia, as amended, as applicable, shall take place without the prior approval of the board of supervisors. Sec. 2-51. Boa,d of supervisors to approve location. No facility located inside or outside the legal boundaries of the county shall be financed by the industrial development authority unless the location of the facility has been approved by the board of supervisors. Sec. 2-52. Board of directors. The industrial development authority shall be governed by a board of directors in which all powers of the authority shall be vested, composed of seven (7) members appointad by the board of supervisors as provided by law. ~ec. 2-53. B08,d of supervisors to approve by-laws. etc. All by-laws, standards and priorities of the industrial development authority of the county shall be approved by the board of supervisors prior to their adoption by the industrial development authority; and any revisions 0' changes of such by- laws, standards and priorities shall require the prior approval of the board of supervisors. I, Ella W. Carey, do hereby certify that the foregoing writing is a true correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, at a ,egular meeting he~d M. aY..4' 1994. ~ / / /t lit! C ttAi.:2 (e~~~rd of County supvors . ) COUNTY OF ALBEMARLE APF\ ,...."';>o.-_--....'-""'..___~.~,:..,,.,.,,':O,%... .,,"_~"'"~ ,~."""'.'.~., MEMORANDUM TO: FROM: DATE: RE: Ella W. Carey, Clerk, Board of Supervisors Larry W. Davis, County Attorney;14!PcY April 8, 1994 r. ; .....". ff~f/ d ~:zw~l:"j~jtlffd4{.jJ ,; Industrial Development Authority -- Amendment to Chapter 2, Administration Article IX. Industrial Development Authority Attached is the draft of the ordinance to amend Chapter 2, Administration, Article IX, Industrial Development Authority prepared for the Board of Supervisors May 4, 1994 public hearing. I have revised the draft ordinance that was in the Board's last agenda package by making editorial revisions and putting it in the proper ordinance format. If you have any questions or comments regarding the draft please contact me. cc: Robert W. Tucker, Jr. Richard E. HutI, II . ( , ~. . , , . . DR.AFf ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE IX, INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article IX, Industrial Development Authority, is hereby amended and reordained by amending Sections 2-47 through 2-53, as follows: ARTICLE IX. Industrial Development Authority. Sec. 2-47. Political Subdivision - Created. There is hereby created a political subdivision of the Commonwealth of Virginia, pursuant to Chapter 33 of Title 15.1 of the Code of Virginia, as amended, in the matter hereinafter set out. Sec. 2-48 Same-Name. The name of the political subdivision created shall be the "Industrial Development Authority of Albemarle County, Virginia." hereinafter. the Industrial Develooment Author~ Sec. 2-49 Powers and duties generally. The public and corporate pO'.vers of the industrial de'.e1opment authority of the county arc solely and exclusively limitcd to the pO'.ver to finance; (a) industrial pollution control facilities for industries presently located in the county; (b) industrial plant cx:pansion for industries presently locatcd in the county, requiring minimum local public utilities and providing new jobs, the substantial majority of'1ihich shall be filled by prior residents and domiciles of the county; (c) new I -- . industrial facilities in the county, which new industrial facilities shall be exclusively limited to light manufacturing industries and research oriented industries requiring miniITRlm local public utilities and prQ',riding new jobs, the substantial majority of\vhich shall be filled by prior residents and domiciles of the county; (d) medical facilities and facilities for the residence or care of the aged and handicapped in the county; (e) ITRllti state, regional or natural headquarters offices or operations centers for research oriented businesses, requiring miniITRlm local utilities and providing new jobs, the substantial majority ofv;hich shall be filled by prior residents and domiciles of the county; (t) shopping or service facilities '.vhich the industrial development authority of the county finds are for the convenience of any of the aforementioned facilities or the employees thereof and the current residents and domiciles of the surrounding area, provided such shopping or service facilities are compatible with the current comprehensive plan of the county;. and (g) airports and office and support facilitics relating to airports; (h) facilities for use by-an organization (other than an organization organized and operated exclusively for religious purposes) whose purposes are exclusively both charitable and educational as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("IRC"), which is exempt from feaeral income taxation pursuant to Section 501(a) of the IRC; and (i) facilities receiving loans through the Virginia Department of House and Community Deyelopment from its Virginia Eoonomic Dc>;elopment Revolving Loan Fund. The Industrial Develooment Authoritv shall have all such oublic and coroorate Dowers as are or may from time to time be conferred uoon the industrial develooment authorities lZenerallv bv the orovisions of the Industrial Deve100menLand Revenue Bond Act Code ofVirlZinia. Chaoter 33 of Title 15.1 (Sections 15.1-1373 - 15.1-1393) and shall in the exercise of such oowers adhere in all resoects to the orovisions of such AcL exceot as otherwise hereafter exoresslv orovided. . . , ~ . Sec. 2-50. Board of Supervisors to Approve Financing. No financing of any facility by the Industrial Development Authority which reauires aooroval of the Board of Suoervisors oursuant to the Internal Revenue Code of 1986. or the Code of Vinz:inia. as amended. as aoolicable. shall take place without the prior approval of the Board of S~pervisors. Sec. 2-51. Board of Supervisors to approve location. The board of supervisors IlRlst approve any facility financed by the industrial developmcnt authority locatcd outsidc thc legal boundarics of the county. The board of supervisors also IlRlst appro'/e any facility located within Albemarle County prior to any financing of such facility by any industrial dcvelopment authority. No facilitv located inside or outside the lelZal boundaries of the cauntv shall be financed bv the Industrial Develooment Authoritv unless the location of the facility hajs been aooroved bv the Board of Suoervisors. Sec. 2-52. Board of directors. The Industrial Develooment Authoritv shall be lZoverned bv a Board of Directors in which an Dowers of the Authoritv shall be vested. comoosed of seven (7) members aooointed bv the B<pard of Suoervisors as orovided bv law. Sec. 2-53. Board of supervisors to approve by-laws, etc. All by-laws, standards and priorities of the Industrial Development Authority of the County shall be approved by the Board of Supervisors prior to their adoption by the industrial development authority; and any revisions or changes of such by-laws, standards and priorities shall require the prior approval of the Board of Supervisors. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 1 . /-,,/ L .!.\_;L1 AGENDA T:ITLE: Industrial Development Authority - Ordinance Amendments AGENDA DATE: April 6, 1994 (~~~i~~~:~1L. INFORMATION: ACTION: --1L-- SUBJECT/PROPOSAL/REOUEST: Request for Resolution of Intent to amend Article IX of the Albemarle County Code (Industrial Development Authority) CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: ..... STAFF CONTACTCS): Messrs. Tucker, Huff REVIEWED BY: BACKGROUND: Many changes have taken place in recent years regarding tax exempt financing and the roles that local Industrial Development Authorities play. In order to reflect these changes and eliminate undue burdens on potential applicants, the Albemarle Industrial Development Authority has proposed the attached amendments. DISCUSSJON: The amendments as proposed remove the specifics of what type of projects can be considered since f,deral law changes so rapidly as well. The amended language basically requires Board of Supervisors' approval for any project that federal law requires Board action on. It removes the requirement to amend the number of outstanding issues each time a request is made which will eliminate the need to amend the ordinance each time. It also eliminates the need for the.Board to approve financing where the federal law does not require Board action such as Rev~lving Loan Fund financing thereby reducing the time needed for appropriate governmental action. The amendments also authorize the IDA to approve financing in other jurisdictions only with Board approval. Lastly, there are several housekeeping amendments to update our ordinance to comply with federal law. RECOMMENDATION: Staff recommends that the Clerk be directed to advertise the attached amendments for a public hearing for May 4, 1994. 94.036 ORDINANCE AMENDING AND RE-ENACTING ARTICLE IX OF THE ALBEMARLE COUNTY CODE (INDUSTRIAL DEVELOPMENT AUTHORITY) ARTICLE IX. Industrial Development Authority. Sec. 2-47. Political subidivision - Created. There is hereby created a political subdivision of the Commonwealth of Virginia, pursuant to Chapter 33 of Title 15.1 of the Code of Virginia, as amended, in the matter hereinafter set out. Sec. 2-48. Same - Name. The name of the political subdivision created shall be the "Industrial Development Authority of Albemarle County, Virginia." Sec. 2-49. Powers and duties qenerally. 1f'he---pt:lb-:r:i:~--a-Ha---eeF~:Ee-- pmJor-&--~--~--4.~g.t"r.....i..ilJ. ~.;l~ftt:--~~-~-.;t~-~Fl~-a.~.e--~;b~-__AQ..~~~l?l l~:i:~-eQ.--~-e---1;R-e--~or.:or -:E-e--+i-~t--(-a-t---,*~k..,i,.a.J.--.po.lJ.~~ 0&ITt;i:-e-l---.f-a&i-;b4.;t-j,.eS--~F--4.~s.:t-r..j,.eS--.pr~S~]".1l---l-GoGa~__j.~_~Q O&\%R~~-~-&-}--4-na.\:I&t-r-HH.--t*a.ofH;..-eK.pa.fts4~-.f-er--~:E~-4.e.s-~~;b~ l-eea~-eQ.-4-fr-:Efi.e--e&UfTt;y,--FefJU-~F4T}Ej--m4~m--J:.e.ea.-l-~~.&;b..w-~i-.,l.,i~i,.Q. an.Q.-fH::'-eV4.Q..~R'3--fleW--j.ees-r-:Ee.e--SW~fl..:i;.i-a..],.-.me-j.9;r;-4.~-G4:--wa.i~-.g1l-a-J..,l be--~-i:-]";beQ..-~-~i-ei:--Fes44eRt.-&-iifi4-.Qem4&i..;b.&s-~{'-..:t;A.Q--GQ~jtt__fG+ new---i:-R~F4..a-l:--~-a-e4.,l~e&--4-&-.t.-b&-~~-wb-:H;a--Fl~-4.~~:i-aJ. f -ae4.;l#i-e~-~]"';b--ge-~*€..l-u&i-:V~-.,l-4m-i-:EeQ..-~-9--.,l.,i~1;--f9a.Fl~-a.g:t.l.R-_.i.-:R~ i-na.\i&t-r-i-ee---aftfi--ree;ea.Feb-eF4~e--4~r ioo -;r;~i-;r;.,i~~.;i,~m l-eea.;l-~~~e~1;H*:i:e&-aflti--~-&Y-i:e.4.-flEJ'-fleW-~7--1;Re--sti-b&1;a.ofH;..j,.a..;l ma-j-ei:-i-t.~--ei---wft4.eft---eGa;b~---ee--~-4-],..~eQ--~Y--fH?-i-eF-~-es44eH:E~--a.RQ demie-:i-J:.eB--e~---t:fi~~~t--ret--ilteEH~--'R=te4..,l-i4;.i-ee--a.Tld--.f-ae-i-.,l4..:&j,.es ~E*"--.t..be--~-es4..Qe.aee--EH"--eare--Go~--t.4Te-~eQ--a~-~4~eEl--4.-n--;E.ae. ~y;t---fet-~l:i~.:t.-i-S;E-a-:e.eT--~~4.~~---er---~l:-~l----ReaQ~~e1-S Q.t.f-i-GeS-~)l:-~E~j,.9R&--sent;e.];:&--E-eE--reSGargR~j,.e.at.~-~4.~Se&-, r-cilqu.iJ::.i+lg-..;m~um.....J.o.~..puw.-i,.Q.-~l.i.U.Q&.-_~..p);;~i.Q~-J:lQW--j..obi; , tb,Q..._.s.u.b~tj..ii\.l,._-ma~j,.t~__.o:f._...wbi~_~ilJ.J.-_..QQ.__;I;.i..J..J.,QQ__.bjt._..p);;.i~ l':"-es-:i-eeftt-&-~--Elem4:e-i-}es--e-f:--t.-fte--eetlftt.'?;--+r-r--sfte~-~-~'f4.ee :E-ae-i-}-l:-~4.-es--.J'rRfi4.-eft--'E-he--4.-ndtts~"'i"'"i:'ft~--eleve-:re~~--t1~ri~--of--~-he eetHtt~---~~s---~---~~--~ne---~enien~--~---a~--~f---~~ a-f:ef'-efftef'l't:-i:-ei"teti---f~i:-:ri~-:i::-es---or----efi-e--~~-i-oyee-s----ehereo-f---'tmd-'-~he el:i~~-eft~---p~ftt.-&--~---detft4:-e4-}es--~f--~ne---stl~ndin9'--~:t"eft"', ~~e;4.aee--5tteft-~epp-i:-H~~-~i-ee--f:e:e4.-i-}t:.:i::es-'"'ft~-eo-l'I\~i-b-i~-w4:-t-h 'e.ft~l:i~-I:'~H:E-~i-..,-e--~-ioftfr-M--~-fte--~~y-;--M'td--t~--a4.-rt"O~ ai'te---ef-:E-4:ee---&ftel--~~--ftte4.+~:i::es---re-:ra~'l9' ~o---Mrp~':' The Authority shall have all such public and corporate powers as are or may from time to time be conferred upon the industrial development authorities qenerally by the provisions of the Industrial Development and Revenue Bond Act. Code of Virqinia, Chapter 33 of Title 15.1 (Sections 15.1-1373 - 15.1-1393) and shall in the exercise of such powers adhere in all respects to the provisions of such Act. except as otherwise hereafter expressly provided. Sec. 2-50. Board of Supervisors to Approve Financinq. No financing of any facility by the Industrial Development Authority of the County requirinq approval of the Board of Supervisors by the Internal Revenue Code of 1986. or the Code of Virqinia, as amended, as applicable, shall take place without the prior approval of the Board of Supervisors. Sec. 2-51. -F-iiTaftee(j.-e&n&-e.F~i-eft--t.-e-ee--l-eeat-eEl--w-i--e.R4-H- _ I ~~1r~ Board of Supervisors to approve location. 1ffiy---f-ae-i-~i.:t~--E-ii'l-afteea---ey.---t..fte.--i:ft&u&~F4-a-l---€lEwe;b~1Tt a.\t1;~j,.1;~---eE--4;Ge---aGQoR;E~-~\ie:&.--se---],.e.ea..;t-eG--w4-t.~;i,a--..:t;a.e--~a.~ ~~~~-..Q.~--'t.R~-~R~r--aaQ--:tae--~~.Q..-~--~pQl:'..:t,t.j,.s.QC-&---mw,s.t: ~*.QJ,tQ.-..:t.h.Q.-~po. 6lQ-~~-.g.;f-"""R-Y-~~~-~a~],..j,.'t.y-~];4~-~--R-Y ~~~g....b.y.-~-~~i..iil.J.-.QQ.V;Q.l~I+t-~~~ The Board of Supervisors must approve any facility f~nanced bv the Industrial Development Authority located outside tqe leqal boundaries of the county. The Board of Supervisors , ~so must approve the proposed location of any facility located w~thin the county prior to any financinq bv the Industrial D~velopment Authoritv. S4l.c---~-=--5..2...------.u...m.i..t.a..t..;i...o~-.on.-R~];-.Q.f--b~-j,.~.. ~~-~J.J.-.bQ.-~~*~..ta_+l-...:twQJ.~-~-~~~-~-...:t;.a.e ~u.-.b;:.i..ilJ--~l~~:t.-.....u~;i.t..y--g.t--'t.a~-'i:~y.--~-~~~~......;t. aJiy.-.cna.-tima.. Sec. 2-52. Board of directors The Authority shall be qoverned bv a Board of directors i~ which all powers of the Authority shall be vested. composed of seven (7) members appointed bv the Board of Supervisors as prlovided bv law. I Sec. 2-53. Board of Supervisors to Approve By-Laws. etc. All by-laws, standards and priorities of the Industrial De(velopment Authority of the County shall be approved by the Bdard of Supervisors prior to their adoption by the Industrial De~elopment Authority; and any revisions or changes of such by- " , laws, standards and priorities shall require the prior approval of the Board of Supervisors. For State authority, see Chapter 33 of Title 15.1, Section 15.1- 1373, et seq. ----+ ORDINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPfER 13, OFFENSES-MISCELLANEOUS SECTION 13-18, SHOOTING IN, OR ALONG OR NEAR ROAD OR IN STREET OFTHECODEOFALBEMARLE,vmG~A BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that qhapter 13, Offenses-Miscellaneous, Section 13-18, Shooting in, or along or near road or in street, is hereby amended and reordained effective July 1, 1994, by amending Section 13-18, as follows: Sec. 13-18. Shooting in, or along or near road or in street. No person shall discharge any firearm, crossbow or bow and arrow in or across any road or within the right-of-way thereof, or in a street of any town, whether the town is incorporated or not. Any person violating the ~rovisions of this section shall be guilty of a Class 4 misdemeanor:' This ordinance shall be effective July 1, 1994. ****** I, Ella W. Carey, do hereby certify that the foregoing writing is a true correct copy of an ordinance ~opted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 4, 1994. I~ {{l( 11/ (1 tvu'y utierk, Board of County supeiil>ors .I \ COUNTY OF ALBEMARLE MEMORANDUM TO: 'FROM: iDATE: RE: Ella W. Carey, Clerk, Board of Supervisors Larry W. Davis, County Attorney>&2- April 12, 1994 Amendment to County Code 9 13-18 Attached is the revised draft of the ordinance to amend County Code ~ 13-18 prepared for the Board of Supervisors May 4, 1994 public hearing. Please have the advertisement for the public hearing reflect this amended language. If you have any questions or comments regarding the draft please contact me. cc: Robert W. Tucker, Jr. Richard E. Huff, II 01 ;,JDRAF1' ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 13, OFFENSES- MISCELLANEOUS, SECTION 13-18, SHOOTING IN, OR ALONG OR NEAR ROAI}{ OR/N strmET OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that , /4 Chapter 13, Offenses-Miscellaneous, Section 13-18, Shooting in, along or near road orjstreet, is hejreby amended and reordained effective July 1, 1994, by amending section 13-18, as follows: S~c. 13-18. Shooting in or alo~ roa1/or(j)tre?, No person shall sheet dischafQe any firearm, crossbow or bow and arrow in or aleng across any road or within one hundred yards the ril!ht-of-wav thereof, or in a street of any town, whether the town is incorporated or not. Any person violating the provisions of this section sh~ll be guilty of a Class 4 misdemeanor. punishable by a fine of not more than one hundred dqllars. (Code 1967, ~ 13-21.) This ordinance shall be effective July 1, 1994. .... \ COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: . DATE: RE: Ella W. Carey, Clerk, Board of Supervisors Larry W. Davis, County Attorney ~J ,. ,'" _, d/.1.,/dU ~,~ ,U:J ',-J I\,.. ;t~..., IZ~~ ;'\:.!!!1'l,13 't!.\'":) \._.1:ff_f!i!f!..tI!~../7 April 8, 1994 Amendment to County Code 9 13-18 Attached is the draft of the ordinance to amend County Code ~ 13 -18 prepared for the Board of Supervisors May 4, 1994 public hearing. If you have any questions or comments regarding the draft please contact me. cc: Robert W. Tucker, Ir. Richard E. Huff, II . .,.. ItlDRAFT ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 13, OFFENSES- . MISCELLANEOUS, SECTION 13-18, SHOOTING IN, OR ALONG OR NEAR ROAD' OR I AI I STREE,?' OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that ;11 Chapter 13, Offenses-Miscellaneous, Section 13-18, Shooting in, along or near road orstreet, is hereby amended and reordaine4'y amending section 13-18, as follows: Sec. 13-18. Shooting in or aloneoa~ or@treetj- No person shall sh~ firearm in or aleflg across any road or within one hundred yards th~ ri{!ht-of-wav there~r -i~ -~-~treet of any town, whether the town is incorporated or not. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. punishable by a fine of not more than one hundred dollars. (Code 1967, 913-21.) . I L j 'q L I. COUNTY OF ALBEMARLE r'"-"-~"-~."',,_~~_,_,,_,_, ~, . R f70 I? fl err ; !.f, :11 ,I ,_~ U J; EXECUTIVE SUMMARY APR 0;:: SUPEHVISOR" AGENDA TITLE: Hunting Regulations AGENDA DATE: April 6, 1994 ITEM NUMBER: " . - ( . !" ... ~ -Ii l.l'L Ii (-. /' , I '" - \/ '-. "." "( SUBJECTIPROPOSAUREOUEST: Request for Motion of Intent to Hold Public Hearing to Amend and Reeneact Section 13-18 of the Code of Albemarle to conform with recent changes to the state enabling legislation. ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ----- ATTACHMENTS: STAFF CONTACT(S): Messrs. Tucker and Huff REVIEWED BY: BACKGROlfID: The 1993 session of the General Assembly amended Virginia Code Section 18.2-286 (See Attachment A) eliminating the prohibition of discharging a ftreann within 100 yards of any road. This amendment now prohibits discharging a fireann in or across any road or within the right-of- way thereof County Code Section 13-18, enacted in 1967, mirrored the state prohibition and now should be amended to reflect the General Assembly's action. Section 13-18 No person shaD shoot any firearm in or along any road or within one hundred yards thereof, or in a street of any In an effort to make the County's ordinances on hunting less confusing, staff recommendation is to eliminate Section 13-18 completely from the County Code rather than simply amend it to reflect the changes made at the state level. This would leave the county ordinances regarding huntinglfireanns as follows: It shall be unlawful for any person to carry or have in his Section 13-9.2 possession while on any part of a public highway within the county a loaded rifle or shot~un. (amended 9/15/93) It shall be unlawful for any person to transport, possess, or Section 13-9.1 carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or hi2hway within the county. It shaD be unlawful for any person to be engaged in the hunting Section 13-11 or attempting to hunt with a firearm of any game bird or game animal within fIfty feet of any primary or secondary highway in the county. It shall be unlawful for any person to discharge any firearm Section 13-9 within the boundaries of any residential district within the .........~~ DISCUSSION: This recommendation has been reviewed by both Warden Kenneth Dove and Mr. Gene McKamey, a private citizen who raised the issue with the Board some months ago and both have indicated their concurrence with its intent. RECOMMENDATION: Staff recommends that the Board pass a resolution of intent to hold a public hearing to delete Section 13-18 of the Albemarle County Code. 94.046 .. LD8779713 1993 SESSION <-~?~<lQ/1-\~P( 2~'-7- Jf It I (i'-l t.~,(..~ Date: Official Use By Clerks Passed By The House of Delegates without amendment 0 with amendment 0 substitute 0 substitute w jamdt 0 Clerk of the House of Delegates Passed By The Senate without amendment 0 with amendment 0 substitute 0 substitute w i.:nndt 0 Date: 1 HOUSE BILL NO. 1288 2 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the Senator Miller, K.G. . 4 on February 17, 1993) 5 (Patron Prior to Substitute-Delegate Deeds) 6 A BILL to amend and reenact 9 18.2-286 of the Code of Virginia and to amend the Code 7 of Virginia by adding a section numbered 29.1-521.2, relating to hunting in or along a 8 road; penalty. 9 Be it enacted by the General Assembly of Virginia: 10 1. That S 18.2-286 of the Code of Virginia is amended and reenacted and that the Code of 11 Virginia is amended by adding a section numbered 29.1-521.2 as follows: 12 S 18.2-286. Shooting in or along road or in street.-If any person discharge a firearm in 13 or aIeBg across any road, or within .wo yaMs the right-of-way thereof, or in a street of 14 any city or town, he shall, for each offense, be guilty of a Class 4 misdemeanor. 15 The provisions of this section shall not apply to firing ranges or shooting matches 16 maintained, and supervised or approved, by law-enforcement officers and military personnel 17 in performance of their lawful duties. 18 9 29.1-521.2. Violation of 9 18.2-286 while hunting; forfeiture of firearm; revocation of 19 license.-A. Any firearm used by any person to hunt any game bird or game animal in a 20 manner which violates 9 18.2-286 may, upon conviction of such person violating 9 21 18.2-286, be forfeited to the Commonwealth by order of the court trying the case. The 22 forfeiture shall be enforced as provided in Chapter 22 (9 19.2-369 et seq-J of Title 19.2. The 23 officer or other person seizing the property shall immediately give notice to the attorney 24 for the Commonwealth. 25 B. The court may revoke the current hunting license, if any. of a person hunting any 26 game bird or game animal with a firearm in a manner that constitutes a violation of 9 27 18.2-286. The court may prohibit the issuance of any hunting license to that person for a 28 period of up to five years. If found hunting during this prohibited period. the person shall 29 be guilty of a Class 2 misdemeanor. Notification of such revocation or prohibition shall be 30 forwarded to the Department pursuant to subsection C of 9 18.2-56.1. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Clerk of th e Sel~ ,_: ; ~ ~.>~- . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY . '~':'T::~:--:'l. ?,j,,-.,~. _. AGENDA DATE: May 4, 1994 ITEM NUMBER:"-- ", SUBJECT ROPOSAL/RE UEST: Direction Requested By 911 Management Board Regarding Possible New Construction vs. Renovation of Existing Facility. CONSENT AGENDA: ACTION: INFO~TIO~~ '."::i'I"ji~',,, " .~.~ c"..........,,_, 4.4'~&~,b i~.,I'I" ", '... ..{.'~?'*f1 ACTION: X INFORMATION: ATTACHMENTS: Yes ------ REVIEWED BY: BACKGROVND: For some months, the Emergency Operations Center Management Board has been weighing the advantages and disadvantages of renovating the existing Center located in the basement of City Hall vs. building or leasing new quarters in an alternative location. In the original E911 presentation made to the City and County in 1991, $257,500 was budgeted for anticipated renovations to the existing facility. The existing facility currently occupies 2,432 square feet which includes spaces for a kitchen, bathrooms, roll call room, lockers, dispatch center, and administrative spaces for the Director, Secretary, Emergency Services Coordinator, and Training Coordinator. Under a preliminary space plan developed for the Center, their 10 year needs will require approximately 6,600 square feet which includes space for a new radio equipment room, computer equipment room, and mechanical space not currently provided in the existing space. The new building proposal is based on a construction cost of$120 per square foot plus architectural and site development fees for a total estimated cost of $1,000,000. This is still a rough figure until a commitment can be made to develop specific cost estimates. Land costs have not been included as a site has been identified which can be provided at no cost to the County and City. Discussions with some local developers indicate that the actual cost of the building may be closer to $lOO/sq.ft. In terms of understanding the importance of working conditions at the 911 Center, it should be noted that, unlike many office environments, dispatchers are "plugged in" to a console for at least 8 hour stretches. Due to staffing constraints, they are typically required to eat at the console while they are working and often do not have the luxury of "getting some fresh air." The 911 Center dispatched 83,000 total calls for service in 1993 utilizing 3,866 hours of overtime. There are a total of 24 full-time and 9 part-time employees in the Center for a 24 hour, round-the-clock operation. It is not at all infrequent for employees to work 12-16 hour shifts in a relatively confined, high stress environment. Working conditions at the existing Center have been impacted to date by lack of adequate, secure parking for employees leaving the Center during late night and early morning hours. The Center has been the subject of ventilation problems due to its proximity to an alleyway and underground garages and a windowless environment for professionals who frequently respond to weather-related emergencies without the benefit of being able to see what is happening outside. The attached table reviews the pros and cons of leasing, building, and renovating. In earlier discussions, staff indicated that the surcharge would need to be supported at its existing level for 23 months beyond its initial period if the building is built using 911 revenues and 12-13 months if the existing facility is renovated. .. Agenda Title: Emergency Operations Center Renovation/Construction May 4, 1994 Page 2 DISCUSSIqN: From staffs perspective, the two biggest advantages to building a new building are the ability to take advantage of a plan to coDilbine a future fire-rescue facility with the 911 Center on land that may be provided for this use and the potential for planning a f"cility to accommodate future growth for the 911 operation in a very efficient, functional, and safe fashion. If the existing buil(,ling is renovated and a decision made at some later date to construct a new 911 Center in conjunction with a Fire\Rescue Building that was being built, the existing Center could still be used as a backup site for the communications center or retrofitted for other uses. Much of the renovation work to be required is in wiring and minimal structural changes. RECOMM NDATION: This infonna . on is provided for the Board's review and comment back to the 911 Management Board regarding construction vs. renovation and the associated extension of the existing level of the 911 surcharge. EOCSUM.SAM 94.054 I' .. RENOVATIONS Advanta~es 1. Least expensive alternative. '. Does not require an extension of the 911 surcharge at the $1.39/mo. level for building related costs. Disadvanta2es 1. Disrupts on-going operations during renovations due to noise, dust, etc. 2. Cannot address poor working conditions(no win- dows, poor ventilation). 3. Provides only for immediate needs, not future growth as calls for service continue to escalate. 4. Was not planned to accommodate the future transfer of fire dispatch from the City Fire Dept. to the 911 Center. NEW CONSTRUCTION Advanta~es 1. Design fapility to best meet needs. 2. May be able to design in a modular format to accommodate future fire/rescue station on site. ~. Could a~commodate future expansion/transfer of fire dispatch. Disadvanta2es 1. Public perception of government building new buildings or expanding. 2. Large up-front cash outlay or debt assumed to amortize the capital expense. 3. Requires the extension or maintenance of the surcharge at $1.39/mo. LEASED SPACE dvanta es 1. Public perception that government is not building new buil~ings. '. Flexible l~ase arrangements if changes are needed. b. Could a4commodate future expansion/transfer of fire dispa~ch. Disadvanta2es 1. 6,600 sq. ft. x $10.50/sq. ft. = $69,300/year rent 2. Would still require renovation costs of $250,000 to $300,000. 3. Requires the extension or maintenance of the surcharge at $1.39/mo. -'" ,,:)t:.-.. J~ . ffi.?/f?Y I;"r'~~~(/ " ii '0 COUNTY OF ALBEMARLE '~'''''~'''--':''C'''~__........, . ~ ~"'''~~.J OF ~lIPEa'l ------- '-" I"lii Ic:r)-- ~ --~;,,-) """~~.1 MEMORANDUM TO: FROM: DATE: Albemarle County Board of Supervisors ~ ~- Robert W. Tucker, Jr., County Executive~JtfI' April 26, 1994 --- RE: site Selection Committee - Potential New High School A tached is a memorandum from Dr. Paskel regarding the School Bard's request to establish a Site Selection Committee to review v rious sites for a potential new high school. Historically, these c mmittees have been appointed by the Albemarle County Board of S pervisors to review and analyze various sites and make r commendations to the Board of Supervisors and School Board. S nce these committees have been appointed by the Board of S pervisors, all meetings have been open to the public and their d scussions of sites can be problematic as it relates to the cost o land escalating prior to the actual purchase of the property. I the Board is prepared to move forward on such a committee, my r commendation would be to use an established committee, such as t e Long Range Planning Committee, to make the initial review and a alysis and later solicit input from the Board member, School Bard member, and/or Planning commissioner from the area in which t e properties being scrutinized are located. This approach would a oid public discussion of various sites which can lead to the e calation of the value of these properties. Once al ternati ve s tes and supporting data have been prepared, presentation to the Bards can be made in Executive Session. S ould you have any questions concerning this matter prior to our dscussion, please do not hesitate to contact me. R T,Jr/dbm 9 .063 A tachment cc: Dr. Robert w. Paskel .- ~ " 0' AL!&,,'" _~ ~<-1 ~, 1," t ~ , ..~ F' Vfl/GI~\" ALBEMARLE COUNTY PUBLIC SCHOOLS Office of the Superintendent 401 McIntire Road Charlottesville. Virginia 22901-4596 To: Robert W. Tucker, Jr., County Executive Robert W. Paske!, superintendent,ijp~ April 13, 1994 ----\ Re: Site Selection Committee: Potential New High School At its meeting on April 11, 1994, the School Board requested that the site selection ocess begin as soon as possible for review of sites for a potential new high school in lbemarle County. This process has generally involved appointment of a committee c mprised of board members and staff advisors. The School Board would appreciate being r presented on such a committee. As you know, the Long Range Planning Committee has recommended that site review cur in the Avon Street extended, Piedmont Virginia Community College areas as well as t e current Walton Middle School site. I would appreciate your presenting this request to the oard of Supervisors at your earliest convenience and notifying me as to whom the Board has a pointed to this committee and what further action is to be taken to obtain School Board r presentation, if needed. Thank you for your assistance on this important preliminary step in addressing our . gh school enrollment needs. Should you have further questions, please feel free to call Dr. astings or myself. c : C. Hastings "We Expect Success" ""0' l~r~V he I :::q-;:~U\'::;l E fU 'd' ~p' R""15 \"", "] ~ M 77 ; ':>" n, ,p t UU \.. d udJ EXEcur IVE OFFICI:; EXECUTIVE SUMMARY W","12i ff~Y~Y /j(#~ 33tJ COUNTY OF ALBEMARLE AGENDA DATE: May 4, 1994 ITEM NUMBER: ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: REVIEWED BY: ATT ACHMENTS: yes BACKGR UND: The Bosely roperty is located on Elks Drive between Towe Park and Free Bridge. The City and County have been negotiating ith Mr. Bosely off and on since 1986. In Executive Session on April 6, 1994, the Board authorized staff to negotiate contract with Mr. Bosely on the purchase ofthe property. At the time the County appraisal on the property wa $8,700 and the asking price was $10,000. DISC I N: The County as negotiated a price of $9,500 for the purchase of the property with the understanding that the County would absor all legal costs including the preparation of the deed. At a meeting ofthe Towe Park Committee held on April 22, 19 4, there was a unanimous recommendation made for the joint purchase of the property using funds from t e current T owe operating budget. ttomey's Office has prepared the enclosed purchase contract, which has been signed by Mr. Bosely. contract is with the County. The deed will reflect the joint City/County ownership. RE MM NDATI N: Staff reco ends that the Chairman be authorized to sign the purchase contract and requests approval to make the purchase fro the Towe Park operating budget. Attachments PM/pm EXTRACT FROM MINUTES Agenda Item No. 15. Authorize Chairman to sign Bosely property purchase contract. ~tion was offered by NITs. Thomas, s e con d e d by NIT s. Hump h r is, t 0 aut h 0 r i z e the Ch a i rma n t 0 s i g n, 0 n behalf of the County, the contract of purchase with John G. Bosely and Ella F. Bosely for purchase of real property described as 3.496 acres, Albemarle County Tax Map 78, Parcel 58L, as recorded in Deed Book 683, page 596 in the office of the Clerk of the Circuit Court of Albemarle County, Virginia. Roll was called, and the motion carried by the following recorded vote: AYES: NIT. Perkins, NITs. Thomas, NIT. Bowerman and NITs. Humphris. NAYS: None. ABSFNT: NIT. Mar sha 11 and NIT. Mar tin. * * * * * I, EllaW. Carey, do hereby certify that the foregoing writing is a true, correct extract from the minutes of the Albemarle Board of County Supervisors for a meeting held on May 4, 1994. C; V" {~ fJ CJk1J. Clerk, Board of count~perVisors , , CONTRACT OF PURCHASE THIS CONTRACT OF PURCHASE is made as of May 4 ,1994, b~tween John G. Bosely and Ella F. Bosely, whose address is owner of record of the Property sold herein (the "Seller", v hether one or more), and County of Albemarle, Virginia and its assigns, whose address is 401 ~~cIntire Road, Charlottesville, Virginia 22902, (the "Purchaser" whether one or more),. 1. REAL PROPERTY. Purchaser agrees to buy and Seller agrees to sell the land a~d appurtenances thereto, located in the County of Albemarle, Virginia, and described as: llegal Description: 3.496 acres, Albemarle County Tax Map 78, Parcel 58L; Source Deed: . . I eed Book 683, page 596. 2. PURCHASE PRICE. The purchase price is Nine Thousand Five Hundred Dollars (~ 9,500). 3. SETTLEMENT AND POSSESSION: Settlement shall be made at Sellers or P~rchaser's Attorney's Office, or at Albemarle Parks & Recreation Department on or about June 1 D, 1994 ("Settlement"). Possession shall be given at Settlement, unless otherwise agreed in v.lfiting by the parties. 4. CONDITIONS: Removal of machinery debris from property by Seller. 5. OTHER TERMS: 6. EXPENSE PRORATIONS: Purchaser agrees to pay the expense of preparing the deed and the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Purchaser in connection with this purchas~, including without limitation title examination, insurance premiums, survey costs, recording costs and the fees of Purchaser's attorney, shall be borne by the Purchaser. All taxes, assessments, interest, rent, escrow deposits, and other ownership fees, ifany, shall be prorated as of the date of settlement. In addition to the purchase Price, Purchaser agrees to pay Seller for all fuel oil remaining in the tank (if applicable ) at the prevailing market price as of the date of settlement. 7. TITLE: At settlement Seller shall convey the Property to Purchaser by a general warranty deed containing English covenants of title, free of all encumbrances, tenancies, and . . liens (for taxes or otherwise, but subject to such restrictive covenants and utility easements of record which do not effect the use of the Property for residential purposes or render the title unmarketable). If the Property does not abut a public road, title to the Property must include a recorded easement providing adequate access thereto. If the examination reveals a title defect of a character that can be remedied by legal action within a reasonable time, Seller, at its expense, shall promptly take such action as is necessary to cure such defect. If the defect is not cured within sixty (60) days after Seller receives notice of the defect, then either party may terminate this Contract at the expiration of such sixty (60) day period and no party shall have any claim against any other by reason of this Contract. The parties agree that the settlement date prescribed in paragraph 3 shall be extended if necessary to enable Seller to cure any title defect, but not for more than sixty (60) days. 2 +- 8. LAND USE ASSESSMENT: In the event the Property is taxed under land use assessment and this sale results in disqualification from land use eligibility, Seller shall pay any rollback taxes assessed. 9. RISK OF LOSS: All risk ofloss or damage to the Property by fire, windstorm, casualty, or other cause is assumed by Seller until settlement. In the event of substantial loss or damage to the Property before settlement, Purchaser shall have the option of either (i) terminating this Contract, or (ii) affirming this Contract, in which event Seller shall assign to Purchaser all of Seller's rights under any policy or' policies of insurance applicable to the Property. 10. PROPERTY CONDITION AND INSPECTION: Purchaser agrees to accept the Property at Settlement in its present physical condition, except as otherwise provided herein but free and clear of any environmental hazardous waste materials. If such hazardous waste materials are found after an inspection Purchaser shall have the option of terminating this contract. Seller grants to Purchaser or his representative the right to make a presettlement inspection to verifY that the condition of the Property conforms to this Contract. 11. WELL AND SEPTIC: If the Property is served by a well or septic system or both, Seller agrees to furnish Purchaser with a certificate from the appropriate governmental authority, or from an acceptable private company, indicating that the well water is free from contamination by coliform bacteria and that there is no evidence of malfunction of the septic system. If either system is found defective, Seller shall take immediate steps to repair all defects at Seller's expense. 3 12. LABOR AND MATERIAL: Seller shall deliver to Purchaser at Settlement an affidavit, on a form acceptable to Purchaser's lender, if applicable, signed by Seller that no labor or materials have been furnished to the Property within the statutory period of the filing of mechanics' or materialmen's liens against the Property. Iflabor or materials have been furnished during the statutory period, Seller shall deliver to Purchaser an affidavit signed by Seller and the person(s) furnishing the labor or materials that the costs thereof have been paid. 13. MISCELLANEOUS: This Contract represents the entire agreement between Seller and Purchaser and may not be modified or changed except by written instrument executed by the parties. This Contract shall be construed, interpreted and applied according to the laws of the Commonwealth of Virginia and shall be binding upon and shall inure to the benefit of the . . heirs, personal representatives, successors, and the assigns of the parties. To the extent any handwritten or typewritten terms herein conflict with, or are inconsistent with the printed terms hereof, the handwritten or typewritten terms shall not control. UNLESS OTHERWISE PROVIDED HEREIN, THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER HEREIN AND ALL OTHER PROVISIONS OF THIS CONTRACT SHALL BE DEEMED MERGED INTO THE DEED DELIVERED AT SETTLEMENT AND SHALL NOT SURVIVE SETTLEMENT. 14. PROPERTY OWNER'S ASSOCIATION DISCLOSURE: Seller represents that the Property (check as applicable) is _ or is not ~ located within a development which is subject to the Virginia Property Owner's Association Act (Section 55-508 through 55-516 of the Code of Virginia) (the "Act"). If the Property is within such a development, the Act requires Seller to obtain from the property owners' association an association disclosure packet and 4 . . provide it to the Purchaser. Purchaser may cancel this contract within three (3) days after receiving the association disclosure packet or being notified that the association disclosure packet will not be available. The right to receive this association disclosure packet and the right to cancel this Contract are waived conclusively if not exercised before Settlement. The rights afforded Purchaser pursuant to this paragraph and the Act may be waived in writing by , Purchaser in a separate document. 15. ACCEPTANCE: This Contract when signed by Purchaser shall be deemed an offer and shall remain in effect, unless withdrawn, until 2:00 p.m., on June 3, 1994. Ifnot accepted within that time by Seller by delivery of signed copy of this Contract to Purchaser or Purchaser's designated representative, it shall become null and void. Seller Accepts this Contract at 12: 30 P .l(\ime), May 4 , 1914 . sellerfhi ~ SSN: 2-/ 'f - 'J-? - 3 :J-rt tJaftz ?-~ Purchaser ~b-4 ,-1-: klJn~D~ Seller SSN:~3~h - g.S9~ Purchaser 5 j - David P. Bowerman O1.arlottesville Charlotte Y. Humphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall, Jr. ScottsviOe MSMo TO: Melvin A. Breeden, Director of Finance FROM: Ella W. Carey, Clerk, CMC e).A) C- May 9, 1994 DATE: S1lJBJECT: Appropriations Approved on May 4, 1994 At the Board's meeting on May 4, 1994, the following appropriations were awproved: Appropriation Form #930069 for Section 8 Housing Grant for FY 93-94 in the amount of $914,900.00. AWpropriation Form #930072 for a transfer to fund the Democratic U. S. Senate P~imary in the amount of $14,570.00. The signed appropriation forms are attached. EWC: len Attachments (2) co: Lynne Carruth Jim Heilman (1) Printed on recycled paper Charles S. Martin Rivanna Walter F. Perkins White Hall Sally H. Thomas Samuel Miller I} . .' j}~PY COUNTY OF ALBEMARLE ..1f~?llj( ~3'/ ~~A ~..' i' " 1("( gj - . EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: May 4, 1994 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes ---' REVIEWED BY: BACKGROU~D: The Section 8 Housing Program is an ongoing rental assistance program offered by the Federal Department of Housing and Urban Development (jHUD). The program provides housing assistance with a combination of 367 certificates, subsidies and vouchers. The subsidy program is fudcIed through June 2002 and is maintained in a separate fund. DISCUSSIO~: The final amount of the Federal HUD grant will be determined by the final amount of assistance rendered to residents, which is estimated to total approxiIIlfltely $914,900. Funds to administer the program in the amount of $85,000 have already been appropriated as FY 93-94 revenues into the County's general fund. RECOMMElIfDATION: Staff recommends approval of Appropriation #930069 in the amount of $914,900 for the Section 8 Housing Grant 94.050 r .. APPROPRIATION REQUEST FISCfL YEAR 93/94 TYPE OF APPROPRIATION I I I ADVErTISEMENT REQUIRED ? I I I FUNDI i PURPbsE OF APPROPRIATION: SECTIION 8 HOUSING GRANT FOR FY 93/94. i EXPENDITURE COST CENTER/CATEGORY . DESCRIPTION AMOUNT ************************************************************************ 1122781910312800 AUDIT $400.00 1122781920579001 HOUSING ASSISTANCE 893,100.00 1122781920579002 VACANCY LOSS 2,900.00 1122781920579003 DAMAGE/UNPAID RENT 1,000.00 1122781920579004 UTILITY REIMBURSEMENT 17,500.00 NUMBER 930069 r-t ADDITIONAL TRANSFER NEW X YES NO X GRANT i TOTAL $914,900.00 I REVENUE DESCRIPTION AMOUNT ***~******************************************************************** 21221733000330001 MODERATE REHAB. GRANT $914,900.00 TOTAL $914,900.00 *** ******************************************************************** REQ COST CENTER: SOCIAL SERVICES/HOUSING APP OVALS: DIR~CTOR OF FINANCE BOA~D OF SUPERVISORS i I I I SIGNATURE ~L~~ DATE ~--/7- 7 ~ .( ':?"~!.11 " ~//,/ , ~1~YII'j( 33"" EXECUTIVE SUMMARY AGENDA DATE: May 4,1994 ITEM NUMBER: ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: ---- BACKGR01jJND: The Democratic Primary election for the U.S. Senate seat will be held at all Albemarle County precincts on June 14, 1994. All costs of the primary election are borne by the localities with no reimbursement from the State. DISCUSSION: The attached appropriation allocates $14,570 to cover the costs of the Registrar's office to hold this special primary election. Of the total, $8,920 will pay compensation for the election officials, as well as part-time and overtime for the registrar's staff The remainder of the allocation, $5,650 will pay for ballots, voting machine programming and delivery, postage, phone, travel, office supplies, and janitorial services. RECOMMENDATION: Staff recommends approval of Appropriation Form # 930072 in the amount of$14,570 to cover the County's required expenditure$ for the Democratic primary election on June 14. MJR ;. ~~ . c: Jim Heilman RWW A930072 ~~.......- , . , TYP~ OF APPROPRIATION I I i I I ADV~RTISEMENT REQUIRED ? ,. ;. FIsgAL YEAR APPROPRIATION REQUEST 93/94 NUMBER 930072 (') ADDITIONAL TRANSFER NEW x YES NO x FUN9 GENERAL i PUR~OSE OF APPROPRIATION: T~SFER TO FUND DEMOCRATIC U.S. SENATE PRIMARY. I i iEXPENDITURE COS~ CENTER/CATEGORY DESCRIPTION AMOUNT ***~******************************************************************** 110q013020111401 110~013020120000 110 013020130000 110 013020210000 110Q013020350000 110do13020390000 110do13020520100 1100013020520300 1100013020540200 110do13020550100 110q013020600100 110do13020601700 , 110Q095000999990 COMPENSATION OVERTIME WAGES PART-TIME WAGES FICA PRINTING & BINDING OTHER PURCHASED SERVICES POSTAL SERVICES TELECOMMUNICATIONS LEASE/RENT BUILDINGS TRAVEL-MILEAGE OFFICE SUPPLIES COPY SUPPLIES $8,080.00 280.00 500.00 60.00 300.00 3,690.00 200.00 1,100.00 130.00 150.00 50.00 30.00 BUDGET CONTINGENCY (14,570.00) TOTAL $0.00 REVENUE DESCRIPTION AMOUNT ****1******************************************************************** $0.00 TOTAL $0.00 ***~******************************************************************** ! REQqESTING COST CENTER: APP~OVALS: I DIR~CTOR OF FINANCE I I BOARP OF SUPERVISORS REGISTRAR SIGNATURE DATE ~~ ~AfCL3--.L#'- ~ -.A'tb' -?~