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.
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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
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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
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Issued: May 4, 1993
Pursuant to Interim Order
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Case No. PUE9'OOR1
VA. S.C.C. TARIFF NO. 15
SCHEDULE O.L.
(Outdoor Ughting -continued)
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Issued By
Joseph H. Vipperman, President
Roanoke, Virginia
Exhibit C
Page 3 of 3
Original Sheet No. 18-3
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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
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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.
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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
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. 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.
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. .
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
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. .
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)
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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
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Issued: May 4. 1993
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Case No. PUE920081
VA. S.C.C. TARIFF NO. 15
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Issued By
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Roanoke. Virginia
Exhibit C
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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'/
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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
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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
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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?
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H: F9r each of the possibilities. To me, this one figure does not do it.
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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. I will get that information to you as quick as I can.
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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
,
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[756 J "
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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;,;.)/, ..~
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\ :~~..'~"'~.= 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
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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-
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~~~~
~%~?~: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.
R T,Jr/dbm
9 .065
A tachment
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1993 RECYCLING RATE FOR
ALBEMARLEANDCBARLOTTESflLLE
. ....,'.
.,. '.''''- .
TONNAGE
2,552.70
OF ALBEMARLE:
483.73
3,337.61
ANNA \VATERAND SE\VERAUTHORITY:
4,203.10
RSITYOFVIRGINIA:
1,840.02
P DMONT COl\Il\IUl\1JTY COLLEGE:
Ll2.29
P IVATE HAULING CONCERNS:
13,431.54
P IVATE COMl\IERCIAL CONCERNS:
8,708.57
T TAL TONNAGE RECYCLED (A)
34,689.56
, ASTE SUBJECT TO
R CYCLING MANDATE (B)
78,822
30.56%
P RIOD RECYCLING RATE CA/(A+B)]XIOO
( 4,689.56/113,511.56) x 100
RIVANNA SOLID WASTE AUTHORITY
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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
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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
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"
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
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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
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PARCEL 61
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TOTAL AREA: 5.854 ACRES
PROPOSED MINOR AMENDMENT TO PLIO TO
ALLOW TWO LOTS WHERE LOT 18 IS SHOWN.
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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.
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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.
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~~~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.
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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
.-
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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"
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EXEcur IVE OFFICI:;
EXECUTIVE SUMMARY
W","12i
ff~Y~Y
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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 ~
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Purchaser
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Seller
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Purchaser
5
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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'/
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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 ~
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~//,/
, ~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
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