HomeMy WebLinkAbout1994-06-08
FIN A L
7:00 P.M.
June 8, 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 Proclamation: Nicole Gercke.
7 SP-94-11. Trinity Presbyterian Church. Public Hearing on a request to
amend a condition of SP-93-01 to allow additional grading on site.
Located on S sd of Reservoir Rd approx 3/10 of a mi W of its inters
with Rt 29/Rt 250 Bypass. TM76,P'sI7C&17Cl. Samuel Miller Dist.
(This site is located in a designated growth area [Neighborhood 6]
and is recommended for Low Density Residential.)
8 ZMA-94-02. Blue Goose. Public Hearing on a request to amend ZMA-90-20
on 1.4 acs zoned PD-SC. Located on W side of Rt 240 between Rt 240
& Carter St approx 400 ft S of Chesapeake & Ohio Railroad. TM56A-
(1),P's53,54,54A,55&56. White Hall Dist. (This area is recommended
for Community Service in the Community of Crozet.)
9 ZTA-94-02. Westgate Limited Partnership. Public Hearing on a request to
amend the provisions of the PRD to add by special use permit all
uses permitted by special use permit in the R-15 district under
Section 18.2.2.
1) SP-94-18. Westgate Limited Partnership. Public Hearing on a request for
expansion of office space in the existing Westgate Apartment Complex
(ZTA-94-02 above). Property on W sd of Rt 743 in Urban Neighborhood
1 is approx 0.23 mi N of Rt 743/Rt 656 inters is zoned PRD and
recommended for high density residential (10.01-34 du/ac). TM61,
P42D. Jack Jouett Dist.
1) ZTA-94-04. Fees. Public Hearing on a request to amend the Zoning
Ordinance to permit the Board of Supervisors to reduce fees in a
particular case in order to provide access to the review process by
all citizens.
1 Adopt Recapture Plan for Crozet Crossing and Authorize County Executive
to Execute.
1 Authorize County Executive to Execute Agreement Between the County of
Albemarle, the Charlottesville Housing Foundation and the Albemarle
Housing Improvement Program to Create the Crozet Crossing Trust
Fund.
1 Adopt FY 1994-95 Appropriation Ordinance.
1 Appointments.
1 Cancel Board meeting for June 15, 1994.
1 Other Matters Not Listed on the Agenda from the BOARD.
1 Adjourn.
CON S E N T
AGENDA
lOR APPROVAL:
~.1 Adopt resolution to Authorize County Executive to execute necessary
documents for the acquisition of right-of-way and related easements for
the Berkmar Drive North Extension Project.
t.2 Authorize Chairman to accept conveyance of 6.32 acres of land and
associated approval of license agreement for property adjacent to the
County's closed Keene Landfill in recognition of encroachment on this
property from the former landfill activities.
5.3 Adopt resolution accepting conveyance of Boseley property and authorize
the Chairman to sign the deed on behalf of the County.
5.4 Adopt resolution to take Watts Station Drive in Watts Station Subdivision
into the State Secondary System of Highways.
5.5 Adopt resolution to take Skylark Court in Whippoorwill Hollow Subdivision
into the State Secondary System of Highways.
5.5a Draft Letter to Secretary of Transportation, Robert E. Martinez, regard-
ing Route 29 North Corridor.
5.5b Amended resolution to accept roads in Riverrun Subdivision into the State
Secondary System.
FbR INFORMATION:
5.6 Planning Commission minutes for May 10 and May 24, 1994.
5 7 Copy of VACo's Board of Directors minutes for April 30, 1994.
.
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
MEMORANDUM
Charles S. Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
Forrest R. Marshall, Jr.
Scottsville
Sally H. Thomas
Samuel Miller
FROM:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director, Planning &
Community Development
Ella W. Carey, Clerk f)JJ~
TO:
DATE:
June 9, 1994
SUBJECT:
Board Actions of June 8, 1994
Following is a list of actions taken by the Board of Supervisors at its meeting on June 8, 1994:
Agenda Item No.1. Call to Order. The meeting was called to order at 7:00 p.m., by the
Chairman, Mr. Perkins.
Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBliC. Mr. Peter
Scherman, speaking on behalf of a group of residents from southern Albemarle, expressed concerns
about the odor coming from a farm feed lot in operation on Church Hill Farm, located on Route 713.
He explained that waste is gathered and held in large holding tanks and then spread on the fields. The
smell is intense and makes some people feel nauseated. This odor did not exist before this operation
took place, and affects the quality of life for hundreds of southern Albemarle residents and tourists to
the area. The County Attorney responded by stating that the Board does not have the ability to address
this situation on behalf of the residents. Any course of action would have to be done privately by the
citizens. Mr. Tucker indicated that he would check with Extension Services to see if there are any other
holding tanks of this type in the state and see how they handle the odor. The Board asked that it be
kept informed.
Agenda Item No. 5.1. Adopt resolution to Authorize County Executive to execute necessary
documents for the acquisition of right-of-way and related easements for the Berkmar Drive North
Extension Project. ADOPTED the attached resolution.
*
Printed on recycled paper
Agenda Item No. 5.2. Authorize Chairman to accept conveyance of 6.32 acres of land and
a sociated approval of license agreement for property adjacent to the County's closed Keene Landfill in
r cognition of encroachment on this property from the former landfill activities. APPROVED.
riginal documents forwarded to Jim Bowling for additional signatures.
emo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
June 9, 1994
Agenda Item No. 5.3. Adopt resolution accepting conveyance of Bosley property and authorize
t e Chairman to sign the deed on behalf of the County. ADOPTED the attached resolution. Deed
f rwarded to Pat Mullaney for additional signatures. The Board suggested a press release be prepared
o this issue.
Agenda Item No. 5.4. Adopt resolution to take Watts Station Drive in Watts Station Subdivi-
si n into the State Secondary System of Highways. ADOPTED the attached resolution.
Agenda Item No. 5.5a. Draft Letter to Secretary of Transportation, Robert E. Martinez, regard-
g Route 29 North Corridor. APPROVED letter with the following suggested change by Mrs.
umphris: page 2, 2nd sentence to read: "The crucial question for the Albemarle County Board of
S pervisors is how can VDoT schedule a date for advertisement for construction of a bypass in early
1 98 (confirmed by Mr. Hodge's letter of AprilS, 1994) and still comply with the CTB's ...." Board
embers asked that they receive a copy of the final letter .
Agenda Item No. 5.5. Adopt resolution to take Skylark Court in Whippoorwill Hollow
bdivision into the State Secondary System of Highways. ADOPTED the attached resolution.
Agenda Item No. 5.5b. Amended resolution to accept roads in Riverrun Subdivision into the
S ate Secondary System. ADOPTED the attached resolution.
Agenda Item No.6. Proclamation: Nicole Gercke. The Chairman presented a proclamation
hich was accepted by Mr. and Mrs. James Gercke.
Agenda Item No.7. SP-94-11. Trinity Presbyterian Church. Public Hearing on a request to
a end a condition of SP-93-01 to allow additional grading on site. Located on S sd of Reservoir Rd
a prox 3/10 of a mi W of its inters with Rt 29/Rt 250 Bypass. TM76,P'sI7C&17C1. Samuel Miller
ist. APPROVED SP-94-11 subject to the following condition recommended by the Planning
ommlSSlon:
1 Clearing of trees shall be limited to that shown on a site plan titled, Trinity Presbyterian
Church, revised 2/15/93 and initialed WDF 4/27/94 (copy attached).
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: June 9, 1994
Page 3
Agenda Item No.8. ZMA-94-02. Blue Goose. Public Hearing on a request to amend
ZMA-90-20 on 1.4 acs zoned PD-SC. Located on W side of Rt 240 between Rt 240 & Carter St approx
400 ft S of Chesapeake & Ohio Railroad. TM56A(I),P's53,54,54A,55&56. White Hall Dist.
APPROVED ZMA-94-02.
Agenda Item No.9. ZTA-94-02. Westgate Limited Partnership. Public Hearing on a request to
amend the provisions of the PRO to add by special use permit all uses permitted by special use permit
in the R-15 district under Section 18.2.2. ADOPTED the attached ordinance. Amended Zoning
Ordinance sheets will follow under separate cover.
Agenda Item No. 10. SP-94-18. Westgate Limited Partnership. Public Hearing on a request for
expansion of office space in the existing Westgate Apartment Complex (ZTA-94-02 above). Property on
W sd of Rt 743 in Urban Neighborhood 1 is approx 0.23 mi N of Rt 743/Rt 656 inters is zoned PRO
and recommended for high density residential (10.01-34 du/ac). TM61,P42D. Jack Jouett Dist.
APPROVED SP-94-18 subject to the following conditions recommended by the Planning Commission:
1. Use shall be limited to 2619 and 2621 Hydraulic Road plus addition shown on Attachment C,
dated 5/17/94 and initialed W.D.F. (copy attached);
2. Addition shall be of similar facade to the existing building;
3. Use shall be limited to property management services.
Agenda Item No. 11. ZT A-94-04. Fees. Public Hearing on a request to amend the Zoning
Ordinance to permit the Board of Supervisors to reduce fees in a particular case in order to provide
access to the review process by all citizens.
REQUESTED staff to bring back language for a resolution of intent that the Board could adopt
addressing fees for uses that may be subject to multiple fees, small additions to churches and the like,
and family divisions that necessitate a special use permit. The language should be written to allow the
decision concerning fees to be handled administratively. The Board will consider this issue on July 6.
In addition, staff is to work with Mr. Adlesic to see what can be done about his situation and to
investigate his comments that the Board reduced the fee for a stream crossing over the Moorman's
River in 1993. (Note: For your information, attached is a copy of the minutes in which the Board
discussed this fee waiver. The request came from Mr. John Alford.)
Agenda Item No. 12. Adopt Recapture Plan for Crozet Crossing and Authorize County Execu-
tive to Execute. ADOPTED the attached Plan and AUTHORIZED the County Executive to execute.
Agenda Item No. 13. Authorize County Executive to Execute Agreement Between the County
of Albemarle, the Charlottesville Housing Foundation and the Albemarle Housing Improvement Pro-
gram to Create the Crozet Crossing Trust Fund. AUTHORIZED County Executive to execute.
Memo To: Robert W. Tucker, Jr.
v. Wayne Cilimberg
Date: June 9, 1994
Page 4
Agenda Item No. 14. Adopt FY 1994-95 Appropriation Ordinance. ADOPTED. Appropria-
tion Ordinance to follow under separate cover.
Agenda Item No. 15. Appointments. There were none.
Agenda Item No. 16. Cancel Board meeting for June 15, 1994. CANCFIIFD Board meeting
for June 15, 1994.
Agenda Item No. 17. Other Matters Not Listed on the Agenda from the BOARD.
Board members asked that they be provided a copy of the minutes from the Leadership Team
Meeting held on May 20, 1993.
SET a public hearing for July 6, 1994, on an ordinance to amend Section 2-2.1, Compensation of
board of supervisors, of the County Code, to increase the Board's salary five percent for FY 1994-95.
Mrs. Humphris asked that staff include in its next legislative packet, enabling legislation that
would allow the Board to appoint six members to the Board of Equalization.
Mrs. Humphris asked that the Board discuss at its meeting on July 6, the attached letter Board
members received from Piedmont Environmental Council concerning reviewing amendments to the
Comprehensive Plan on the eve of the Plan's review, and accelerating and coordinating the entire
review of the Comprehensive Plan. She also asked that the Board discuss PEC's letter to the editor of
the Daily Progress concerning the land use tax program in Albemarle County.
Agenda Item No. 18. Adjourn. The meeting was adjourned at 9:01 p.m.
EWC:mms
Attachments
cc: Richard E. Huff, II
Roxanne White
J 0 Higgins
Amelia McCulley
Bruce W oodzell
Larry Davis
File
RESOLUTION NO. 94.0608(3)
BE IT RESOLVED by the Board of County Supervisors, Albemarle
Cbunty, Virginia, that the County Executive, Robert W. Tucker, Jr.,
is hereby authorized to acquire for a sum not to exceed $50,000.00
and to accept on behalf of Albemarle County rights-of -way and
easements deemed necessary for the Berkmar Drive North Extension
project.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing
is a true, correct copy of a resolution adopted by the Board of
County Supervisors, Albemarle County, Virginia, at a regular held
meeting on June 8, 1994.
Supervi.sors
RESOLUTION NO. 94.0608(5)
BE IT RESOLVED by the Board of County Supervisors of Albemarle
ounty, Virginia, that the Chairman of the Board is authorized to
ccept the conveyance of 6.32 acres from Nationsbank of Virginia,
.A., formally Sovran Bank, N.A., Trustee under the Margaret R. Van
lief Revocable Trust, ("Van Clief") and to enter into a License
greement with Van Clief, in consideration of the payment of
7,300.00 for the property and $7,479.97 as compensation for a
icense and expenses related to any Keene Landfill encroachment.
he Deed and License Agreement shall be substantially in accord
ith the attached documents unless amendments thereto are approved
y the County Attorney.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing
s a true correct copy of a resolution adopted by the Board of
ounty Supervisors of Albemarle County, Virginia, at a regular
eeting on June 8, 1994.
This Deed made this 20th day of May 1994, by and between
~ATIONSBANK OF VIRGINIA, formally SOVRAN BANK, N.A., AS TRUSTEE
~DER THE MARGARET R. VAN CLIEF REVOCABLE TRUST, DATED
June 8, 1994 , Grantor, and the COUNTY OF ALBEMARLE,
lTIRGINIA, Grantee.
WITNESSETH:
That for and in consideration of SEVEN THOUSAND THREE
~UNDRED DOLLARS ($7,300), cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby
~cknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
~ONV~Y with Special Warranty of Title to the County of Albemarle,
Virginia, the following described property:
All that certain lot or parcel of land containing 6.032
acres, designated as "Parcel X" on plat of James H. Bell,
Jr., P.C., dated February 2, 1993, a copy of which is
attached hereto and recorded with this deed, and being a
portion of the property conveyed to Margaret R. Van Clief by
deed from Grant Baker and Pauline W. Baker, husband and
wife, dated January 4, 1960, recorded in the Clerk's Office
of the Circuit Court of the County of Albemarle, Virginia at
Deed Book 355, page 433. Margaret R. Van Clief died
testate, January 13, 1991, and by her will probated January
18, 1991 and recorded in the aforesaid Clerk's office in
Will Book 71, page 593, the subject property was devised to
Sovran Bank, N.A. as trustee under the Margaret R. Van Clief
Revocable Trust.
This conveyance is made subject to all easements,
estrictions and conditions contained in duly-recorded deeds,
blats, and other instruments constituting constructive notice in
he chain of title to the above-described property which have not
~xpired by time limitations contained therein or otherwise become
neffective.
The County of Albemarle, pursuant to a resolution adopted at
it duly called meeting of the Board of Supervisors of the County
bf Albemarle, accepts this conveyance.
WITNESS the following signatures and seals.
NATIONSBANK OF VIRGINIA, N.A., EXECUTOR
BY:
(Seal)
UJ~':;-~
WALTER F. PERKINS, CHAIRMAN
ALBEMARLE COUNTY BOARD OF SUPERVISORS
(Seal)
~pproved as to form:
I-tounty Attorney
~TATE OF VIRGINIA
r.OUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
day of , 1994, by Nationsbank of Virginia, N.A.,
rustee.
Notary Public
~y Commission Expires:
2
TATE OF VIRGINIA
OUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
*' day of JLLA. Q , 1994 I by Wal tel' F. Perkins I Chairman I
lbemarle County Board of Supervisors.
My Commission Expires September 30.1997
Commission Expires:
xempt from taxes pursuant to Virginia Code Section 58.1-811(3).
94P&Z125.001
3
This License Agreement made this 20th day of May, 1994 by
and between NATIONSBANK OF VIRGINIA, N.A., formally SOVRAN BANK,
N.A., TRUSTEE UNDER THE MARGARET R. VAN CLIEF REVOCABLE TRUST,
DATED June 8, 1994 Grantor, and the COUNTY OF ALBEMARLE,
VIRGINIA, Grantee.
WITNESSETH:
For and in consideration of SEVEN THOUSAND FOUR HUNDRED
SEVENTY NINE DOLLARS AND NINETY SEVEN CENTS ($7,479.97), cash in
hand paid, and other good and valuable consideration, the receipt
of which is hereby acknowledged, the Grantor and Grantee do agree
as follows:
1. Contemporaneously with this Agreement, the Grantor has
conveyed to the Grantee 6.032 acres of property necessary for
inclusion in the closure of the Keene Landfill. This property
shown as "Parcel X" on plat of James H. Bell, Jr. P.C., dated
February 2, 1993, a copy of which is attached hereto (the
"Plat"), was conveyed to the Grantee in consideration of $7,300.
The payment of this license fee is for expenses incurred by the
Grantor directly related to the encroachment, if any, of t.he
Keene Landfill on the adjoining property of the Grantor.
. 2. In consideration thereof, the Grantor does hereby
release the Grantee from any additional liability arising from
the 6.032 acres of property and from any further claim for out of
pocket expenses of any kind incurred by the Grantee to dat.e as a
result of any encroachment of the Keene Landfill on the adjoining
property of the Grantor.
3. The Grantor grants to the County of Albemarle,
Virginia, its successors and assigns, at no cost, a license
across property of the Grantor immediately adjacent to the 6.032
acre parcel, being a portion of the property conveyed to
Grantor's predecessor in title, Margaret R. Van Clief, by deed
recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia at Deed Book 355, page 433 to perform studies,
drill control wells, et. cetera, which may be necessary for
continued environmental monitoring of the Keene Landfill required
by the Virginia Department of Environmental Quality. This
license shall be for a period of five years from the date of this
~greement. The Grantee may renew the license for an additional
five year term if required by the Virginia Department of
Environmental Quality, upon written notice to the Grantor at
, Charlottesville, Virginia, on or before
, 1999.
The Grantee, its successors and assigns, shall repair or
replace any ground cover or roadway disturbed, damaged or removed
as a result of any test performed on the Grantor's property,
shall remove all trash and other debris of construction or repair
from the property, and shall restore the surface thereof to its
original condition as nearly as reasonably possible at the end of
the license term.
4. The Grantor and Grantee agree that this Agreement in no
way releases the County of Albemarle from any liability, if any,
2
~rising from any claim by the Grantor that pollutants from the
~rantee's Keene Landfill have affected their property.
WITNESS the following signatures and seals.
(Seal)
NATIONSBANK OF VIRGINIA, N.A., TRUSTEE
~pproved as to form:
r-ounty Attorney
~TATE OF VIRGINIA
I-<OUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
~ day of , 1994, by Nationsbank of Virginia, N.A.,
Ir>rustee.
Notary Public
~y Commission Expires:
Exempt from taxes pursuant to Virginia Code Section 58.1-811(3).
4P&Z125.002
3
RESOLUTION NO. 94.0608(4)
BE IT RESOLVED by the Board of County Supervisors of Albemarle
ounty, Virginia, that the Chairman of the Board is authorized to
ccept the conveyance of 3.496 acres of property from John Bosely
n consideration of payment not to exceed $9,500.00 for the
roperty. The property is more particularly described as Albemarle
ounty Tax Map 78, Parcel 58L.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing
s a true correct copy of a resolution adopted by the Board of
ounty Supervisors of Albemarle County, Virginia, at a regular
eeting on June 8, 1994.
This Deed made this 20th day of May 1994, by and between
JOHN BOSELY, Grantor and the COUNTY OF ALBEMARLE, VIRGINIA, and
the CITY OF CHARLOTTESVILLE, VIRGINIA, Grantee.
WITNESSETH:
That for and in consideration of NINETY FIVE HUNDRED DOLLARS
($9500), cash in hand paid, the receipt of which is hereby
ccknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
CONVEY with General Warranty and English Covenants of Title unto
the County of Albemarle, Virginia, and the City of
Charlottesville, Virginia, as tenants in common, each owning an
~ndivided one half interest in the following property:
All that certain tract or parcel of land in Albemarle
County, Virginia, lying between the Rivanna River and the
center line of the Old Stony Point Road, north of u.S. Route
250 and south of a bridge over a stream which marks the
southern boundary of Towe Park a tract of land owned by the
County of Albemarle and the City of Charlottesville, which
tract of land, containing 3.58 acres, more or less, and
designated as "Lot 25" on a plat of "Wilton Subdivision" is
of record in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 201, page 454; less
and except those certain tracts or parcels of land conveyed
to the Commonwealth of Virginia by deeds of record in the
aforesaid Clerk's Office in Deed Book 1132, page 343,
corrected in Deed Book 1179, page 41, and Deed Book 1284,
page 638;
This property is the same property in all respects conveyed
to the Grantor by deed from Fidelity American Bank,
harlottesville (formally Citizens Bank and Trust Company),
xecutor under the will of E.L. Bailey, Fidelity American Bank,
harlottesville (formally Citizens Bank and Trust Company),
under the will of Robert Livingston Bailey, and National
Trust Company, Executor under the will of Anne White
dated October 15, 1976 and recorded in the aforesaid
Office in Deed Book 683, page 596.
This conveyance is made subject to all easements,
estrictions and conditions contained in duly-recorded deeds,
lats, and other instruments constituting constructive notice in
the chain of title to the above-described property which have not
xpired by time limitations contained therein or otherwise become
'neffective.
The County of Albemarle, pursuant to a resolution adopted at
duly called meeting of the Board of Supervisors of the County
f Albemarle, has accepted this conveyance and authorized its
to sign this deed indicating acceptance.
The City of Charlottesville, pursuant to a resolution
dopted at a duly called meeting of the City Council of the City
f Charlottesville, has accepted this conveyance and authorized
'ts Mayor to sign this deed indicating acceptance.
2
WITNESS the following signatures and seals.
(Seal)
JOHN BOSELY
w~~Ei;~ (Seal)
Board of Supervisors of Albemarle County
(Seal)
THOMAS J. VANDEVER, Mayor
City of Charlottesville
pproved as to form:
Approved as to form:
ounty Attorney
City Attorney
TATE OF VIRGINIA
OUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
day of , 1994, by John Bosely.
y Commission Expires:
Notary Public
TATE OF VIRGINIA
OUNTY OF ALBEMARLE:
~ The foregotng instrument was acknowledged before
day of -=dy..A.JL- , 1994, by Walter F. Perkins,
lbemarle County Board of Supervisors.
If/a tJ t~- X
Notary PUbliCO
me this
Chairman,
y Commission Expires:
'Mv
~. '>' r' , r :. :-
. .-" '
>.:.; :j;j -i JJ7
3
TATE OF VIRGINIA
OUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
day of , 1994, by Thomas J. Vandever, Mayor,
ity of Charlottesville.
Notary Public
y Commission Expires:
xempt from taxes pursuant to Virginia Code Section 58.1-811(3).
9 FIN204.002
4
RESOLUTION NO. 94.0608(6)
The Board of County Supervisors of Albemarle County, Virginia,
i regular meeting on the 8th day of June, 1994, adopted the
f llowing resolution:
RES 0 L UTI 0 N
WHEREAS, the street in Watts station described on the attached
A ditions Form SR-S (A) dated June 8, 1994, fully incorporated
h rein by reference, is shown on plats recorded in the Clerk's
o fice of the Circuit Court of Albemarle County, virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of
T ansportation has advised the Board that the street meets the
r quirements established by the Subdivision Street Requirements of
t e Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
unty Supervisors requests the Virginia Department of Transporta-
on to add the road in Watts station as described on the attached
ditions Form SR-S(A) dated June 8, 1994, to the secondary system
state highways, pursuant to S33.1-229, Code of Virginia, and the
partment's Subdivision Street Reauirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
restricted right-of-way, as described, and any necessary ease-
nts for cuts, fills and drainage as described on the recorded
ats; and
FURTHER RESOLVED that a certified copy of this resolution be
rwarded to the Resident Engineer for the Virginia Department of
ansportation.
* * * * *
Recorded vote:
Moved by: Mrs. Humphris.
Seconded by: Mrs. Thomas.
Yeas: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Martin
and Mr. Perkins.
Nays: None.
Absent: Mr. Marshall.
A Copy Teste:
t ti./V--t-
Carey, Clerk CMC
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RESOLUTION NO. 94.0608(1)
The Board of County Supervisors of Albemarle County, Virginia,
i regular meeting on the 8th day of June, 1994, adopted the
f llowing resolution:
RES 0 L UTI 0 N
WHEREAS, the street in WHIPPOORWILL HOLLOW described on the
tached Additions Form SR-5(A) dated June 8, 1994, fully
corporated herein by reference, is shown on plats recorded in the
erk's Office of the Circuit Court of Albemarle County, Virginia;
d
WHEREAS, the Resident Engineer for the Virginia Department of
ansportation has advised the Board that the street meets the
quirements established by the Subdivision Street Requirements of
e Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
unty Supervisors requests the Virginia Department of
ansportation to add the road in Whippoorwill Hollow as described
the attached Additions Form SR-5(A) dated June 8, 1994, to the
s condary system of state highways, pursuant to S33.l-229, Code of
V'rginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
restricted right-of-way, as described, and any necessary
sements for cuts, fills and drainage as described on the recorded
ats; and
FURTHER RESOLVED that a certified copy of this resolution be
rwarded to the Resident Engineer for the Virginia Department of
ansportation.
* * * * *
Recorded vote:
Moved by: Mrs. Humphris.
Seconded by: Mrs. Thomas.
Yeas: Mrs. Thomas, Mr. Bowerman, Mrs. Humphris, Mr. Martin
and Mr. Perkins.
Nays: None.
Absent: Mr. Marshall.
A Copy Teste:
k, CMC
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RESOLUTION NO. 94.0608(2)
The Board of County Supervisors of Albemarle County, Virgin-
a, in regular meeting on the 8th day of June, 1994, adopted the
ollowing amended resolution:
RES 0 L UTI 0 N
WHEREAS, the streets in Riverrun SUbdivision described on
he attached Additions Form SR-5(A) dated June 8, 1994 (Amended),
ully incorporated herein by reference, are shown on plats
ecorded in the Clerk's Office of the Circuit Court of Albemarle
ounty, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
f Transportation has advised the Board that the streets meet the
equirements established by the Subdivision street Reauirements
of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
unty Supervisors requests the Virginia Department of Transpor-
tion to add the roads in Riverrun Subdivision as described on
e attached Additions Form SR-5(A) dated June 8, 1994 (Amended),
the secondary system of state highways, pursuant to S33.1-229,
de of Virginia, and the Department's Subdivision Street Re-
irements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear
d unrestricted right-of-way, as described, and any necessary
sements for cuts, fills and drainage as described on the
corded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
rwarded to the Resident Engineer for the Virginia Department of
ansportation.
* * * * *
Recorded vote:
Moved by: Mrs. Humphris.
Seconded by: Mrs. Thomas.
Yeas: Mrs. Thomas, Mr. Bowerman, Mrs. Humphirs, Mr. Martin,
and Mr. Perkins.
Nays: None.
Absent: Mr. Marshall.
A Copy Teste:
~W&~
Ella W. Carey, C erk, CMC
e
.
.
, (ATTACHMENT Cl
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COUNTY OF ALBEMARLE C".. ,~k-~-,'.lj..._-----.._.,
EXECUTIVE SUMMARY
ACTION:
ITEM NUMBER:
qY,BIOC~' (S, I )
INFORMATION:
North Extension/RWSA Waterline
AGENDA DATE:
June 8, 1994
Acquistion
CONSENT AGENDA: X
ACTION: X
INFORMATION:
Jo Higgins
REVIEWED BY:
,.----------
I
ATTACHMENTS: Yes
BACKGRO
This project is to be constructed under the Rivanna Water & Sewer Authority construction
contract Division B which includes the road segment from Woodbrook Drive to behind Wal-Mart
with the Waterline from Woodbrook Road to the Water Treatment Plant. The Berkmar Drive road
design h s been approved by VDOT. The construction was advertised for bids to be opened on
May 19, 1994. The majority of road right of way (ROW) and associated easements are being
dedicate at no cost by property owners supporting this project.
DISCUSSI N:
On the revious CIP to construct the road segment to connect Rio Road to the section of
Berkmar ehind Rio Hills Shopping Center, the deeds that dedicated the necessary right of way
and ease ents were to "dedicate to public use" with VDOT as the grantee. Since this road is
to be co structed by the county for acceptance by VDOT into the state maintenance program,
the dee s are to convey the ROWand easements to the County of Albemarle and the road is
taken ov r by VDOT at the time the Commonwealth Transportation Board officially accepts the
complete new section of road. This is a procedural change from the earlier portion of the
project.
are reviewed by the County (Engineering and Planning) and VDOT. The plats are then
to the County Attorney's office and the deeds to dedicate to public use the road
way, drainage easements, guardrail easements, and access easements to drainage
s are composed by the Deputy County Attorney. Once the deeds and plats are signed
by the operty owners, they will be provided to the County Executive for final signature.
This will minimize the time to finalize the documents prior to recording.
The majo ity of property owners have signed a letter of intent to dedicate at no cost or have
already executed the necessary deeds. It may be required in some cases to compensate a
property owner(s) with funds previously appropriated within the Berkmar Drive Extension CIP.
RECO
The Boar
of way
ATION:
adopt the attached resolution to authorize the County Executive to acquire rights
d easements per the attached resolution.
.
BERK2.E
RESOLUTION
1 E IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the County
1 xecutive, Robert W. Tucker, Jr., is hereby authorized to acquire for a sum not to exceed
~ 50,000.00 and to accept on behalf of Albemarle County rights-of-way and easements for the
berkmar Drive North Extension project as set out in Exhibit A attached here.
I certifY that a true copy of the foregoing was adopted by the Board of Supervisors of
l~bemarle County, Virginia at a duly called meeting on June 8, 1994.
Clerk, Board of County Supervisors
] ERK3.EXE
6.,
David P. Bowerman
Charlotte$Jilie
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. H1umphris
Jack Jouett
Walter F. Perkins
White Hall
Forrest R. Marshall, Jr.
Scottsvile
Sally H. Thomas
Samuel Miller
M E M 0 RAN DUM
FROM:
James M. Bowling, IV, Deputy County Attorney
Ella W. Carey, Clerk 1?L0~
TO:
DATE:
June 9, 1994
SUBJECT:
Keene Landfill
At its meeting on June 8, 1994, the Board of Supervisors
authorized the Chairman to accept conveyance of 6.32 acres of
land and associated approvals of license agreement for property
qdjacent to the County's closed Keene Landfill in recognition of
encroachment on this property from the former landfill
activities.
Attached is the documents signed by the Chairman. After all
necessary signatures have been obtained and the documents filed
in the Clerk's office, please return the original documents and
filing receipt to this office for our files. Thank you.
EWC:mms
Attachments
cc: Richard E. Huff, II
*
Printed on recycled paper
"!
RESOLUTION NO. 94.0608(5)
BE IT RESOLVED by the Board of County Supervisors of Albemarle
County, Virginia, that the Chairman of the Board is authorized to
accept the conveyance of 6.32 acres from Nationsbank of Virginia,
N.A., formally Sovran Bank, N.A., Trustee under the Margaret R. Van
Clief Revocable Trust, ("Van Clief") and to enter into a License
Agreement with Van Clief, in consideration of the payment of
$7,300.00 for the property and $7,479.97 as compensation for a
license and expenses related to any Keene Landfill encroachment.
The Deed and License Agreement shall be substantially in accord
with the attached documents unless amendments thereto are approved
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 Board of
County Supervisors of Albemarle County, Virginia, at a regular
meeting on June 8, 1994.
.
,
This Deed made this 20th day of May 1994, by and between
N~TIONSBANK OF VIRGINIA, formally SOVRAN BANK, N.A., AS TRUSTEE
U~DER THE MARGARET R. VAN CLIEF REVOCABLE TRUST, DATED
June 8, 1994 , Grantor, and the COUNTY OF ALBEMARLE,
V~RGINIA, Grantee.
WITNESSETH:
That for and in consideration of SEVEN THOUSAND THREE
HPNDRED DOLLARS ($7,300), cash in hand paid, and other good and
v~luable consideration, the receipt of which is hereby
a~knowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
C~:)NV.EY with Special Warranty of Title to the County of Albemarle,
V~rginia, the following described property:
All that certain lot or parcel of land containing 6.032
acres, designated as "Parcel X" on plat of James H. Bell,
Jr., P.C., dated February 2, 1993, a copy of which is
attached hereto and recorded with this deed, and being a
portion of the property conveyed to Margaret R. Van Clief by
deed from Grant Baker and Pauline W. Baker, husband and
wife, dated January 4, 1960, recorded in the Clerk's Office
of the Circuit Court of the County of Albemarle, Virginia at
Deed Book 355, page 433. Margaret R. Van Clief died
testate, January 13, 1991, and by her will probated January
18, 1991 and recorded in the aforesaid Clerk's office in
Will Book 71, page 593, the subject property was devised to
Sovran Bank, N.A. as trustee under the Margaret R. Van Clief
Revocable Trust.
....
This conveyance is made subject to all easements,
restrictions and conditions contained in duly-recorded deeds,
plats, and other instruments constituting constructive notice in
the chain of title to the above-described property which have not
expired by time limitations contained therein or otherwise become
ineffective.
The County of Albemarle, pursuant to a resolution adopted at
a duly called meeting of the Board of Supervisors of the County
of Albemarle, accepts this conveyance.
WITNESS the following signatures and seals.
NATIONSBANK OF VIRGINIA, N.A., EXECUTOR
BY:
(Seal)
UJ Jti: l-~
WALTER F. PERKINS, CHAIRMAN
ALBEMARLE COUNTY BOARD OF SUPERVISORS
(Seal)
Approved as to form:
County Attorney
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
day of , 1994, by Nationsbank of Virginia, N.A.,
Trustee.
Notary Public
My Commission Expires:
2
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
. The foregoing instrument was acknowledged before me this
~fh day of J(,L(C , 1994, by Walter F. Perkins, Chairman,
Albemarle County Board of Supervisors.
My Commission Expires September 3D, 1997
My Commission Expires:
Exempt from taxes pursuant to Virginia Code Section 58.1-811(3).
94P&Z125.001
3
"I ~'<,n!;,,~, "'r'."~~ 0'"",,,\1-,"';") '}I';,
COUNTY OF ALBEMARtE.':k'-~~:'2~1:.'~,
-.
" ,:_-:;'."~'
EXECUTIVE SUMMARY
J1N
'" --
AGENDA rrITLE:
Deed and L cense Agreement/Keene Landfill
AGENDA DATE:
June 8, 1994
ITEM: NU'MIJER:'
0~,OGc;~( ~.J)
INFORMATION:
ACTION:
SUBJECT1PROPOSAUREOUEST:
Request for authorization for the Chairman of the Board of accept
conveyance of 6.32 acres ofland and associated approval oflicense
agreement.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS:Ae
~--
REVIEWED BY: :AJ{
/
STAFF CONTACTfS):
Messrs. Tu ker, Huff, Ms. Higgins
DISCUSS ON:
The attacl ed resolution approves the conveyance of 6.32 acres from Nations Bank of Virginia, trustee under the Margaret R. Van Clief
Revocablf Trust, for property adjacent to the County's closed Keene Landfill in recognition of encroachment on this property from former
landfill actiVities. The resolution also authorizes the Chairman to enter into a license agreement with the Van CliefRevocable Trust that gives
the County lmd its agents access to land adjacent to the property being conveyed to perform studies, etc. which may be necessary for continued
en tal monitoring of the Keene Landfill. A consideration for the commands of the property is $7,300 and compensation for the license
and related expenses are $7,479.97 to be borne by the Capital Improvements Account for the Keene Landfill closure.
RECOM~ltENDATION:
Staff recon ~ends that the Board adopt the attached resolution.
94.079
.
. COMMONWEALTH OF VIRGINIA e
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DC-18 (12/93)
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This Deed made this 20th day of May 1994, by and between
JOHN BOSELY, Grantor and the COUNTY OF ALBEMARLE, VIRGINIA, and
the CITY OF CHARLOTTESVILLE, VIRGINIA, Grantee.
WITNESSETH:
That for and in consideration of NINETY FIVE HUNDRED DO:LLARS
($9500), cash in hand paid, the receipt of which is hereby
acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and
CONVEY with General Warranty and English Covenants of Title unto
the County of Albemarle, Virginia, and the City of
Charlottesville, Virginia, as tenants in common, each owning an
undivided one half interest in the following property:
All that certain tract or parcel of land in Albemarle
County, Virginia, lying between the Rivanna River and the
center line of the Old Stony Point Road, north of u.S. Route
250 and south of a bridge over a stream which marks the
southern boundary of Towe Park a tract of land owned by the
County of Albemarle and the City of Charlottesville, which
tract of land, containing 3.58 acres, more or less, and
designated as "Lot 25" on a plat of "Wilton Subdivision" is
of record in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 201, page 454; less
and except those certain tracts or parcels of land conveyed
to the Commonwealth of Virginia by deeds of record ln the
aforesaid Clerk's Office in Deed Book 1132, page 343,
corrected in Deed Book 1179, page 41, and Deed Book 1284,
page 638;
~."".
This property is the same property in all respects conveyed
to the Grantor by deed from Fidelity American Bank,
Charlottesville (formally Citizens Bank and Trust Company),
Executor under the will of E.L. Bailey, Fidelity American Bank,
Charlottesville (formally Citizens Bank and Trust Company),
Executor under the will of Robert Livingston Bailey, and National
Bank and Trust Company, Executor under the will of Anne White
Bailey, dated October 15, 1976 and recorded in the aforesaid
Clerk's Office in Deed Book 683, page 596.
This conveyance is made subject to all easements,
restrictions and conditions contained in duly-recorded deeds,
plats, and other instruments constituting constructive notice ln
the chain of title to the above-described property which have not
expired by time limitations contained therein or otherwise become
ineffective.
The County of Albemarle, pursuant to a resolution adopted at
a duly called meeting of the Board of Supervisors of the County
of Albemarle, has accepted this conveyance and authorized its
Chairman to sign this deed indicating acceptance.
The City of Charlottesville, pursuant to a resolution
adopted at a duly called meeting of the City Council of the City
of Charlottesville, has accepted this conveyance and authorized
its Mayor to sign this deed indicating acceptance.
2
I
WITNESS the following signatures and seals.
BOSE~
~
(Seal)
JOHN
(j~9-~
WALTER F. PERKINS, Chairman
Board of Sup visors of Albemarle County
(Seal)
(Seal)
THO S J. VANDEVER, Mayor
City of Charlottesville
form:
Approved as to form:
tv~~
City Attorney
ATE OF VIRGINIA
UNTY OF ALBEMARLE:
The fOreg~ng instrument was aCknO,Wledged before
~Ji day of ~ , 1994, by John Bosely.
4w~ ~,tff
/ Notary P 1 ic
Commission Expires: )p+,' { ~I 19<;'8
me this
ATE OF VIRGINIA
UNTY OF ALBEMARLE:
The fore~ng instrument was acknowledged before
day of ~cL- , 1994, by Walter F. Perkins,
bemarle County Board of Supervisors.
lf~ IJ {~
Notary Public
me thi~;
Chairman,
Commission Expires:
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stATE OF VIRGINIA
CbUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this
;;,0$+ day of -:$.une... , 1994 I by Thomas J. Vandever I Mayor,
C~ty of Charlottesville.
1~~'~~f:~~)
Mv- Commission Expires :~k./-n~ -30) I q9j
Ekempt from taxes pursuant to Virginia Code Section 58.1-811(3).
94WIN204.002
4
"
CLOSING STATEMENT
SELLER:
John Bosely
PURCHASER:
County of Albemarle, Virginia
PROPERTY:
Lot 25, wilton Subdivision, Albemarle County,
Virginia
DATE:
June 22, 1994
------------------------------------------------------------------
Purchase Price
$
9,500.00
By Purchaser's pro-rata share of
1994 real estate taxes. Sellers
have paid real estate taxes
through 1993.
33.12
By Seller's Deed Tax
9.50
By Check of Albmarle County, VA
9,500.00
To Check of John Bosely to
County of Albemarle
42.62
$
9,542.62
$
9,542.62
NOTES:
1. Pursuant to Reg. Section 1.6045-4(e)(5) of the Internal Revenue
Code of 1986, the Purchaser's attorney is hereby designated as
the "real estate reporting person" with respect to this
transaction and shall be responsible for filing Form 1099-S,
if required by said Reg. Section 1.6045-4(a). This closing
statement is deemed to be a Designation Agreement within the
meaning of Reg. Section 1.6045-4(e)(5).
2. Purchaser's attorney shall be responsible for complying with
the reporting requirements of Section 58.1-317 of the Code of
Virginia, 1950, as amended, if applicable.
3. Seller warrants that real estate taxes for the property
herewith conveyed have been paid through the year 1993.
Seller has paid its prorata share of the 1994 tax bill by
credit above of $33.12.
4. The check in payment of the balance due Seller shown above is
delivered to Seller in escrow pending notification by
Purchaser's Attorney that title to said Property has been
updated with no objections found and that all documents have
been recorded. In the event that objections to title are
. .
\
found upon update of title, Purchaser's Attorney shall
redeliver the original deed to said Property to the Seller and
Seller shall redeliver to Purchaser's Attorney the check and
Seller shall remedy such objections to title to the extent
that Seller is required to do so pursuant to the terms of the
Contract of Purchase.
St. Jaftn, Bowllug & LaWL~~e
Purchaser 'i' Attorney
By: / J I^(n
Jame . Bo
416 P rk S eet:
Cha ottesville, VA 22902
Address:
70.3 tOLkY .f/(/)~cd
G ftq'rIo;4~v;/;; M/ v-fr
)
Social Security #:
R- I '-/ - ?-- 8'"- ? 7- 8(
, .
'>
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 972-4060
Charles S. Martin
Rivanro
Walter F. Perkins
White H.-~1I
Sally H. Thomas
Samuel Miller
M E M 0 RAN DUM
Pat Mullaney, Director, Parks & Recreation
Ella W. Carey, Clerk fL;JC
June 9, 1994
Bosely Property
At its meeting on June 8, 1994, the Board of Supervisors
dopted a resolution accepting conveyance of the Bosely property
nd authorized the Chairman to sign the deed on behalf of the
ounty. Attached is the original deed signed by the Chairman.
fter all necessary signatures have been obtained and the deed
iled in the Clerk's office, please return the original and
iling receipt to this office for our files. Thank you.
ttachments
c: Richard E. Huff, II
*
Printed on recycled paper
RESOLUTION NO. 94.0608(4}
BE IT RESOLVED by the Board of County Supervisors of Albemarle
C unty, Virginia, that the Chairman of the Board is authorized to
accept the conveyance of 3.496 acres of property from John Bosely
i consideration of payment not to exceed $9,500.00 for the
property. The property is more particularly described as Albemarle
C unty Tax Map 78, Parcel 58L.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing
a true correct copy of a resolution adopted by the Board of
unty Supervisors of Albemarle County, Virginia, at a regular
eting on June 8, 1994.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
I :)_c U
r:.: . a 1 I
AGENDA
Bosely
Purchase Deed
AGENDA DATE:
June 8,1994
ITEM HUMBER:
C:,c1, OCcC'i ( c; ,j )
INFORMATION:
ACTION:
SUBJECT
Acceptan
and auth
CONSENT AGENDA:
ACTION: x
INFORMATION:
ATTACHMENTS: yes
---
STAFF CO
Messrs.
Mullaney
REVIEWED BY:
BACKGRO
In Exec
with Mr
Park an
contrac
purchas
Park op
tive Session on April 6, 1994, the Board authorized staff to negotiate a contract
John Bosely on the purchase of the 3.496 acre property on Elks Drive between Towe
Free Bridge. On May 4, 1994 the Board authorized the Chairman to sign a purchase
on the property for the amount of $9500. The City has agreed to join in on the
of the property with the funding for the purchase coming from the current Towe
rating budget.
ON:
ty Attorney's Office has prepared the enclosed deed and resolution. The Board
adopt the resolution accepting the conveyance of the property and authorizing the
to sign the deed indicating acceptance.
that the Board adopt the enclosed resolution accepting the conveyance of
authorizing the Chairman to sign the deed on behalf of the County.
94.078
.
David P. Bo rman
Charlottes ilie
Charlotte Y. umphris
Jack Jou tt
Forrest R. Ma shall, Jr.
5cottsvil e
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
Walter F. Perkins
White Hall
Sally H. Thomas
Samuel Miller
M E M 0 RAN DUM
Loret Ruppe, Civil Engineer II
Department of Engineering
Ella W. Carey, Clerk~ V
June 9, 1994
Resolutions to accept roads into the State Secondary
System of Highways
At its meeting on Jun 8, 1994, the Board of Supervisors
dopted the following resolutions:
Resolution to take Watts Station Drive in Watts Station
Subdivision into the State Secondary System of High-
ways.
Resolution to take Skylark Court in Whippoorwill Hollow
Subdivision into the State Secondary System of
Highways.
Amended resolution to accept roads in Riverrun
Subdivision into the State Secondary System.
Attached are the original and four copies of the resolution.
ttachments
*
Printed on recycled paper
The Board of County Supervisors of Albemarle County, Virginia,
ir regular meeting on the 8th day of June, 1994, adopted the
fcllowing resolution:
RES 0 L UTI 0 N
WHEREAS, the street in Watts station described on the attached
Ac ditions Form SR-S (A) dated June 8, 1994, fully incorporated
hE rein by reference, is shown on plats recorded in the Clerk's
01fice of the Circuit Court of Albemarle county, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of
Tl ansportation has advised the Board that the street meets the
rEquirements established by the Subdivision Street Reauirements of
tle Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
Ccunty Supervisors requests the Virginia Department of
Tlansportation to add the road in Watts station as described on the
a1tached Additions Form SR-S(A) dated June 8, 1994, to the
sEcondary system of state highways, pursuant to S33.1-229, Code of
V rginia, and the Department's Subdivision Street Reauirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
urrestricted right-of-way, as described, and any necessary
ecsements for cuts, fills and drainage as described on the recorded
pats; and
FURTHER RESOLVED that a certified copy of this resolution be
fcrwarded to the Resident Engineer for the Virginia Department of
Tlansportation.
* * * * *
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Ella W. Carey, Clerk, CMC
The road described on Additions Form SR-5(A) is:
Watts station Drive from the edge of pavement on state Route
600, 0.39 mile to the end of cul-de-sac (station 20+81.79) as
shown on plat recorded 12-21-90 in Deed Book 1133, Pages 661-
667, in the office of the Clerk of the Circuit Court of
Albemarle County, with a fifty foot right-of-way. Additional
plat showing revised lots 5, 6, 7 and 8 recorded 4-2-91 in
Deed Book 1146, pages 400-403.
! _ :/,_00
,C _./.. ......
~2..(1 .Qt C~:JI), t) )
COUNTY OF ALBEMARLE
.
MEMORANDUM
0:
FROM:
DATE:
RE:
Ella Carey, Board of Supervisors Clerk
Loret Ruppe, Civil Engineer II ~
June 2, 1994
Watts Station Subdivision
Skylark Court in Whippoorwill Hollow Subdivision
Roads serving the above referenced subdivisions are
substantially complete and being readied for VDOT acceptance.
ttached are completed SR-5(A) forms for the resolutions, which
I request be prepared and taken to the Board for adoption at
the June 8 meeting. Once the resolutions have been adopted,
lease date and sign the SR-5(A)'s and provide me with the
riginal and four copies of each.
hanks for your assistance. Please call me if you have any
estions.
Reading File
...
. ,
David P. Bowerman
CharloMesville
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
Scottsville
Edward H. Bqin, Jr
Samuel Miller
Charles S Martin
Rivanna
Charlotte Y. Humphris
Jack Jouett
Walter F. Perkins
White Hall
May 13, 1993
Mr. Stephen M. Melton
Vi~ginia Land Company Building
PO! Box 8147
Chalottesville, VA 22906
Delar Mr. Melton:
Your request to have Watts station Drive taken into the
Stiate Secondary System of Highways was received and has now been
referred to the County Engineer. When she has certified that all
work has been completed in accordance with approved plans, this
request will be placed before the Board of Supervisors for
adoption of the necessary resolution.
Sincerely,
~d C.
Ella W. Carey, C~
CMC
EWC:mms
cc: Jo Higgins, County Engineer
*
Printed on recycled paper
'-
CHARLES WILLIAM HURT
VIRGINIA LAND COMPANY BUILDING
POST OFFICE BOX 8147
CHARLOTTESVILLE, VmCINIA 22906
Mrs. Lettie Neher
County of Albemarle
Board of supervisors
401 McIntire Road
Charlottesville, VA 22901
AREA CODE 604
TELEPHONE 979-6161
FAX 296-3510
May 11, 1993
Dear Mrs. Neher:
We would like to have the Board of supervisors pass a
resolution to have Watts station Drive taken into the
virginia state Highway System.
We are working with Loret Ruppe in the engineering
department regarding the above mentioned project.
Sincerely,
~Pi:L~ ~
: Stephen M. Melton
.'
C' __G,~3 'j:t~
q~ .Q.~,Q~l S.:S' )
The Board of County Supervisors of Albemarle County, Virginia,
in regular meeting on the 8th day of June, 1994" adopted the
following resolution:
RES 0 L UTI 0 N
WHEREAS, the street in WHIPPOORWILL HOLLOW described on the
attached Additions Form SR-S(A) dated June 8, 1994, fully
incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia;
and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the street meets the
requirements established by the Subdivision Street Reauirements of
the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of
Transportation to add the road in Whippoorwill Hollow as described
on the attached Additions Form SR-S(A) dated June 8, 1994, to the
secondary system of state highways, pursuant to S33.1-229, Code of
Virginia, and the Department's Subdivision Street Reauirements; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the recorded
plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
* * * * *
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Ella W. Carey, Clerk, CMC
, ~
The road described on Additions Form SR-5(A) is:
Skylark Court from the edge of pavement of state Route 1616,
0.14 mile to the end of the cul-de-sac, with a forty foot
right-of-way as shown on plat recorded 2-7-86 in Deed Book
867, pages 252-253; revised drainage easement for lots 74 & 84
recorded 11-20-89 in Deed Book 1076, pages 614-616.
,
CHARLES \\'II_L1A~1 }'IuRT) ~1.D.
Vlh'0;'\.iA LAt~;) C(~MI',..~,,) [IU:I..Dlt...\.
P,,~..~ ~)" lei 111..:.11,11:1'....
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,-" --
October 1, 1987
F. . Bowie
330 Shannon Drive
Kes ick, Virginia 22947
Dca Mr. Bowie:
We would like to
res lution to have the
Sta e Highway system:
have the Board of Supervisors pass a
following roads taken into the Virc]inia
~entivar Drive (off State Route 643)
South Pantops Drlve
State Farm Boulevard
Greenbrier Drive
Skylark Court (off Thrush Road in Whippoor~ill Hollow)
Most of the roads are complete with only a few easements
ed and some small areas of construction are left to complete.
r the resolutions are made by the Board, it will take
oximately 30 days for the State to complet.e it's paperwork,
the reason we are requesting the resolutions at this time.
ou need more information do not hesitate to contact me.
We would greatly appreciate the Boards consideration in these
ers.
Sincerely,
/
. --...... "
/ '\ /'
, 4-
'. .-;. /
~~mes M. Hill, Jr.
Agent, Charles W. Hurt
JMH, j r/j jw
cc: John Horne
Mike Armm J
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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
David P. BovJerman
Charloltes'-iiUe
R ivanna
Charlotte Y. Humphns
Jack JOUelll
Walter F. Perkins
While Hall
Forrest R. Marshall. Jr
Sally H. Thomas
Sam~1 Miller
June 10, 1994
The Honorable Robert E. Martinez
Secretary of Transportation
Commonwealth of Virginia
1401 East Broad Street, Room 414
Richmond, Virginia 23219
RE: Commonwealth Transportation Board, City of Charlottesville, County of
Albemarle and the University of Virginia Agreement
Dear Secretary Martinez:
As you probably know, the County of Albemarle has recently corresponded with Mr. Jack
S. Hodge, Director of Engineering for VDOT, to express its concern regarding the
sequencing of construction within the Route 29 North corridor as outlined in the attached
agreement. The basis for this sequencing of improvements is derived from the
Environmental Impact Statement prepared by Sverdrup Corporation for VDOT in 1989. To
summarize, Sverdrup states that, with only the Base Case improvements (widening Rt. 29),
the level of service on Rt. 29 would remain at F. However, the base case plus the three
gJfade-separated interchanges would improve the LOS on average to B. With these
improvements and the construction of a by-pass, the LOS would improve to A or B.
There is apparent conflict between VDOT's interpretation and action and the attached
agreement as it relates to Phase II, Medium-range Recommendations and Phase III, Long-
range Recommendations found in the CTB's November 15, 1990 resolution. Our concern
is that VDOT appears to be moving forward with the long range recommendations prior to
the completion of the short and medium-range recommendations, again in conflict with a
CTB resolution (attached) adopted on December 19, 1991 - note fIrst paragraph, page 2. The
intent, as we read it, is to complete the short (Phase I) and medium-range (Phase II)
recommendations after which assessment for the need of Alternative 10 By-Pass (Phase III)
could be determined and, if traffIc on Rt. 29 is unacceptable and funding permits, then
*
Printed on recycled paper
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"
H norable Robert E. Martinez
J e 7, 1994
: Commonwealth Transportation Board, City of Charlottesville, County of
Albemarle and the University of Virginia
P ge 2
c nstruction of the Alternative 10 By-Pass would commence. The crucial question for the
bemarle County Board of Supervisors is how can VDOT schedule a date for construction
o a by-pass in early 1998 (confirmed by Mr. Hodge's letter of April 5, 1994) and still
c mply with the CTB's November 15, 1990 and December 19, 1991 resolutions along with
e CTB's intent to follow the sequencing outlined in the attached agreement.
e respectfully request your review of this matter and your support to delay any
a vertisement for construction of Alternative 10 By-Pass until the base case improvements -
R . 29 widening, etc. (phase I - short range) and grade-separated interchange improvements
hase II - medium range) recommended in the CTB's November 15, 1990 resolution have
b en implemented and adequate analysis has then been made to determine if traffic is .
acceptable in accord with the City, County and University agreement. We appreciate your
a ention to this matter and look forward to your response.
Sincerely,
w~ 1-~
Walter F. Perkins
Chairman
P/dbm
9 .006
A achments
c : Commonwealth Transportation Board Members
Mr. David Gehr, Commissioner, VDOT
Mr. Jack S. Hodge, Director of Engineering, VDOT
Mayor Thomas 1. Vandever, City of Charlottesville
Mr. John T. Casteen, President, University of Virginia
Albemarle County Board of Supervisors
.. ,
"
SYNOPSIS OF
COMMONWEALTH TRANSPORTATION BOARD'S APPROVED
ROUTE 29 CORRIDOR RECOMMENDATIONS
NOVEMBER 15, 1990
Phase I - Short Range Recommendations
1> Construct Route 29 Base Case;
1> Reserve right-of-way for the three interchanges;
1> Encourage the County and City to restrict further development
in the right-of-way;
1> If necessary, VDoT acquire right-of-way;
1> Develop the North Grounds access facility;
1> Alternative lObe approved as the future corridor;
1> Refine preliminary plan for Alternative 10;
1> Restrict access to Alternative 10 to preserve the watershed.
Phase II - Medium Range Recommendations
1> Build the three grade-separated interchanges when needed;
1> Continue to preserve and acquire the right-of-way for Alternative 10.
Phase III - Long Range Recommendation
1> Construct Alternative 10 when traffic on Route 29 is unacceptable and economic
conditions permit.
COUNTY OF ALBEMARLE
JUN
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors ;,1 ~
Robert W. Tucker, Jr., County Executive~1
/
June 3, 1994
Draft Letter to secretary of Transportation
A tached is a draft letter to Secretary Martinez regarding the
R ute 29 North corridor discussion. I would appreciate your review
o this draft and providing me with your additions/corrections by
M nday, June 6.
I will make the changes you recommend and return a copy to you for
y ur review prior to Wednesday's meeting for approval of the final
d aft. Should you have any questions, please feel free to contact
m .
R Tjr/bat
9 .093
A tachments
DRAFT
June 3, 1994
T e Honorable Robert E. Martinez
S cretary of Transportation
C mmonwealth of Virginia
1 01 East Broad street, Room 414
R'chmond, Virginia 23219
R: Commonwealth Transportation Board, City of Charlottesville,
County of Albemarle and the university of virginia Agreement
D Secretary Martinez:
A
you probably know, the County of Albemarle has recently
c rresponded with Mr. Jack S. Hodge, Director of Engineering for
to express its concern regarding the sequencing of
V
c nstruction within the Route 29 North corridor as outlined in the
a tached agreement.
There is apparent conflict between VDOT's
i terpretation and action with that of the attached agreement as it
r lates to Phase II, Medium-range Recommendations and Phase III,
Lng-range Recommendations found in the CTB's November 15, 1990
r solution.
o r concern is that VDOT appears to be moving forward with the long
r nge recommendations prior to the completion of the short and
m dium-range recommendations, again in conflict with a CTB
r solution (attached) adopted on December 19, 1991 - note first
sort (Phase I) and medium-range (Phase II) recommendations after
p ragraph, page 2. The intent, as we read it, is to complete the
w ich assessment for the need of Alternative 10 could be determined
a d, if traffic on 29 is unacceptable and funding permits, then
c nstruction of the Alternative 10 By-Pass would commence. ~rhe
The Honorable Robert E. Martinez
June 3, 1994
Pijige 2 of 2
I
ctucial question for the Albemarle County Board of Supervisors is
I
I
h~w can VDOT schedule a date for construction (tentatively set for
a~vertisement in early 1998) of a by-pass and still comply with the
I
CtB's November 15, 1990 and December 19, 1991 resolutions along
!
i
wtth the CTB's intent to follow the sequencing outlined in the
attached agreement.
I
We respectfully request your review of this matter and your support
t~ delay any advertisement for construction of Alternative 10 By-
PcfsS until the short and medium-range recommendations of CTB's
N~vember 15, 1990 resolution have been implemented and adequate
a~alysis has then been made to determine if traffic is
I
,
uI1acceptable. We appreciate your attention to this matter and look
fqrward to your response.
Sincerely,
Walter F. Perkins
Chairman
WFtP/dbm
941.006
I
Atltachments
I
I
I
cq:
!
Commonwealth Transportation Board Members
Mr. David Gehr, Commissioner, VDOT
Mr. Jack S. Hodge, Director of Engineering, VDOT
I_~__.
: ,,_ ..AS !
RES 0 L UTI 0 N
j~~ ( ,'...
WHEREAS, the City or Charlottesville, the County of Albemarle
and the University of Virginia have reviewed the improvements
proposed by the Virginia Commonwealth Transportation Board (CTB)
for the 29 North Corridor; and
WHEREAS, the City, County and University believe a unified and
cooperative implementation agreement with the CTB and the Virginia
Department of Transportation (VDoT) is necessary to provide for
these improvements in an expeditious and efficient manner;
NOW THEREFORE BE IT RESOLVED, that the City, County and
University jointly support and request that the CTB and VDoT
implement improvements to the 29 North Corridor in the following
sequence:
o Widen Route 29 North as provided for In 1985 Charlottes-
ville Area Transportation Study;
o Design the North Grounds connector road facility;
o Address each element of CTB Phase I recommendat:.ion of
November 15, 1990;
o
Construct the
By-Pass to U.
able;
Meadowcreek Parkway from the Route 250
S. 29 North as soon as funding is avail-
o Construct grade-separated interchanges on U. S. 29 North
at Hydraulic Road (Rt. 743), Greenbrier Drive (Rt. 866)
and Rio Road (Rt. 631) with early acquisition of right-
of-way for these interchanges based upon hardship (same
program being used for early acquisition for Alternative
10 - Western alignment);
o
Construct an alternate controlled vehicle access
traffic bound for University areas only, including
north grounds from Route 29/250 By-Pass;
for
the
o Complete remainder of CTB Phase II recommendation of
November 15, 1990; and
o Construct Alternative 10 after completion of the above
and when traffic on Route 29 is unacceptable and economic
conditions permit, concurrent with remainder of 1985
Charlottesville Area Transportation Study.
-
..r"'_,:... ~.:......
BE IT FURTHER RESOLVED, that a copy of this resolut.ion be
transmitted to the Virginia Secretary of Transportation, the
Co issioner of the Virginia Department of Transportation and the
C arlottesville-Albemarle Metropolitan Planning Organization (MPO),
r questing the MPO to amend the Charlottesville Area Transportation
S udy to reflect this resolution's priorities.
~Id- ~ '0
F. R. Bowie, Chairman
Albemarle County
Board of Supervisors
Date: #f//PI'
~CL
Alvin Edwards, Mayor
City of Charlottesville
------
I,j_/I (, / Cj I
. .
\ -
o n T. Casteen, President
University of Virginia
Da te : '"'L I '--I q L.-
,
SYNOPSIS OF
COMMONWEALTH TRANSPORTATION BOARD'S APPROVED
ROUTE 29 CORRIDOR RECOMMENDATIONS
NOVEMBER 15, 1990
pnase I - Short Ranae Recommendations
o Construct Route 29 Base Case;
o Reserve right-of-way for the three interchanges;
o Encourage the County and City to restrict further development
in the right-of-way;
o If necessary, VDoT acquire right-of-way;
o Develop the North Grounds access facility;
o Alternative 10 be approved as the future corridor;
o Refine preliminary plan for Alternative 10;
o Restrict access to Alternative 10 to preserve the watershed.
Plase II - Medium Ranae Recommendations
o
Build the three grade-separated interchanges when needed;
o
Continue to preserve and acquire the right-of-way for
Alternative 10.
Phase III - Lona Ranae Recommendation
o Construct Alternative 10 when traffic on Route 29 is
unacceptable and economic conditions permit.
/.1
I
,'.-~
Moved by Mrs. Kincheloe
Seconded by Mr. Davies , tha t
WHEREAS, in accordance with the statutes of the Commonwealth
of Virginia and policies of the Commonwealth Transportation
Board, the Commonwealth Transportation Board by resolution dated
November 15, 1990, approved the location of Project 6029-002-122,
PE-lOO in three phases; and
WHEREAS, the three phases provided for short range, medium
range, and long range recommendations for the construction of the
project in conjunction with other projects in the city of
Charlottesville and Albemarle County; and
WHEREAS, by letter dated August 1, 1991, the Albemarle
County Board of Supervisors has requested that this Board take
positive steps to commit to the priorities which were set forth
in the Board's resolution of November 15, 1990; and
WHEREAS, the Board believes that the orderly development and
funding of the various projects in accordance with the three
phases as set forth in the Board's resolution of November 15,
1990, is in the public interest; and
WHEREAS, the Board recognizes that state and local
transportation priorities should be harmonized where possible;
and
WHEREAS, it is the sense of this Board that the Department
of Transportation adhere to the schedule of improvements as set
forth in the November 15, 1990, resolution; and
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WHEREAS, the Board strongly believes that the Route 29
Bypass should be constructed in concert with the remaining
construction projects of the CATS Plan after Phase 1 and Phase 2
recommendations of the Board's November 15, 1990, resolution has
been completed; now therefore
BE IT RESOLVED, that the Commonwealth Transportation Board
direct the Department of Transportatiop to take all steps and
make all efforts to complete the projects approved in its
resolution of November 15, 1990, as more fully set out in a
letter to F. R. Bowie dated November 4, 1991, from John G.
Milliken, which is attached hereto and made a part of this
resolution.
Motion carried.
12/19/91
/
,
~
The Board of County Supervisors of Albemarle County, Virgin-
ia, in regular meeting on the 8th day of June, 1994, adopted the
following resolution:
RES 0 L UTI 0 N
WHEREAS, the streets in Riverrun Subdivision described on
the attached Additions Form SR-S(A) dated June 8, 1994, fully
incorporated herein by reference, are shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County,
Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised the Board that the streets meet the
requirements established by the Subdivision Street Requirements
of the virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of
County Supervisors requests the Virginia Department of Transpor-
tation to add the roads in Riverrun Subdivision as described on
the attached Additions Form SR-S(A) dated June 8, 1994, to the
secondary system of state highways, pursuant to S33.1-229, Code
of Virginia, and the Department's Subdivision Street Require-
ments; and
BE IT FURTHER RESOLVED, that the Board guarantees a clear
and unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Resident Engineer for the Virginia Department of
Transportation.
* * * * *
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Ella W. Carey, Clerk, CMC
f
\
The roads described on Additions Form SR-5(A) are:
Riverrun Drive from the edge of pavement of state Route 768
0.28 mile to the end of the cul-de-sac, with a fifty foot
right-of-way as recorded 12-22-82 in Deed Book 753, pages
715-755, total length, 0.28 mile. Additional Plats: Deed
Book 845, pages 112-119, recorded 07-24-85; Deed Book 1103,
pages 141-158 recorded 06-05-90; deed book 1246, page 365-
383, recorded 8-17-92; deed book 1382, pages 113-118, re-
corded 02-08-94; deed book 1409, pages 155-158, recorded 6-
7-94; deed book 1409, pages 159-163, recorded 6-7-94.
Fox crossing from the edge of pavement of Riverrun Drive
0.14 mile to the edge of pavement of state Route 768 with a
forty foot right-of-way as recorded 12-22-82 in Deed Book
753, pages 715-755, total length, 0.14 mile. Additional
Plats: Deed Book 790, pages 725-733, recorded 03-02-84;
deed book 1382, page 113-118, recorded 02-08-94.
COUNTY OF ALBEMARLE
"\
JM
MEMORANDUM
Ella Carey, Board of Supervisors Clerk
Loret Ruppe, Civil Engineer II ~~
DATE:
RE:
June 8, 1994
Riverrun Subdivision
ttached is the SR-5(A) for.m for the Riverrun resolution which
s been revised to include two additional easements. I am
requesting that the resolution be prepared and taken to the
Bard for adoption at today's meeting. Following adoption,
please date and sign the SR-5(A) and provide me with the
original and four copies of the resolution.
for your assistance and flexibility with this project.
call me if you have any questions.
R/
ttachment
Reading File
First Vice Pre ident
William H.H. levins
Smyth ounty
Second Vice Pre ident
Harper R. agner
Bath ounty
Arthur S. arren
Chesterfield C unty
Re ion 4
John J. Pur ell Jr.
Louisa C unty
Hubert S. Gil Y III
Rappahannock C unty
Reg on 8
WilliamJ. B eker
Prince William C unty
Thomas M. Da is III
Fairfax C unty
Regio 11
Marvin J. H ble
Smyth Co nty
Regia 12
Kenneth G. Mat ews
Washington Co nty
Past Presid nts
W.D. ray
Richmond Co nty
Jack D. Edw rds
James City Co nty
Executive Dire tor
James D. Campbell, AE
'~) ; '5-/ 'fG Boeuet
VIRGINIA ASSOCIATION OF COUNTIES
1001 East Broad Street · Suite LL 20 · Richmond, Virginia 23219-1901 . (804)tw-6652 . fax (804)788-0083
''-''''';7,."_,..,,",,,,,,
.
.
TO:
County Administrators r
James D. Campbell, Ex~utive Diro(to~
FROM:
RE:
Minutes - April 30, 1994
DATE:
June 6, 1994
Attached are V ACo's Board of Directors minutes for April 30,
1994. The minutes are marked "draft" since they have not been approved
by the Board of Directors. Please share the minutes with those you deem
necessary.
Thank you.
Attachment
C'
,
01)
iQR ? 1994
~l
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DRAFT
Virginia Association of Counties
v AGo Board of Directors
Mountain Lake Hotel
Saturday, April 30, 1994
MINUTES
Present:
Peggy R. Wiley, President, Greensville
William H. H. Blevins, President-Elect, Smyth
Harper R. Wagner, First Vice-President, Bath
Katherine K. Hanley, Second Vice-President, Fairfax
E. Virgil Sampson, Jr., Secretary/Treasurer, Scott
Gregory L. Duncan, Accomack Absent:
Rudolph V. Jones, Charles City Marion B. Williams, Prince George
Charles W. Curry, Augusta Jack D. Edwards, James City
John M. Nolan, Orange John A. Waldrop, Jr., 'Henrico
Ferris M. Belman, Sr., Stafford John J. Purcell, Jr., Louisa
Gerry W. Hyland, Fairfax William J. Becker, Prince William
John D. Jenkins, Prince William Robert B. Dix, Jr., Fairfax
Wanda C. "Wendy" Wingo, Botetourt Mary Margaret Whipple, Arlington
Mason A. Vaughan, Sr., Pulaski J. Michael Davidson, Campbell
James H. Gibson, Lee Mr. W. D. "Berry" Gray, Richmond
Kathleen K. Seefeldt, Prince William Arthur "Art" S. Warren, Chesterfield
Hubert S. Gilkey, III, Rappahannock Thomas M. Davis, III, Fairfax
M. Jay Hubble, Smyth Michael R. Frey, Fairfax
Harry G. Daniel, Immediate Past-Pres.,
Chesterfield
Staff Present:
James Campbell
C. Flippo Hicks
1 . Call to Order
The meeting was called to order by President Wiley at 9:05 a.m. in the Cascades Room of
the Mountain Lake Hotel in Mountain Lake, Virginia.
2. Invocation and introduction of members
Following an invocation by Mr. Sampson, the members present introduced themselves.
3. Minutes
After reviewing the minutes of the Board of Directors meeting on February 17, 1994,
there was a motion by Mr. Hyland that the minutes be accepted as presented. The
motion was seconded by Mr. Duncan and passed unanimously.
4. Financial ReDorts
Secretary- Treasurer Virgil Sampson reported that the Budget Committee had reviewed
the bUdget report for the 3nd Quarter ending March 31, 1994. Referring to the financial
report which each board member had a copy of, Mr. Sampson noted that the Association
continued to be in a strong financial condition and that this year's operations were within the
projected budget. On a motion by Mr. Blevins which was seconded by Mr. Nolan,
the Board unanimously accepted the financial report as presented.
DRAFT
V ACo Board of Directors - April 30, 1994
Page 2
5. President's ReDort
a) Unfunded Mandates Summit - President Wiley reported on the excellent response to
the Unfunded Mandates Summit held in Richmond on April 19. She noted that she was pleased
that the attendance exceeded her expectations and that she appreciated the impressive turnout
since Congressman Dirk Kempthorne (R-ID) was the featured keynote speaker. Following the
summit. an initial meeting of the Unfunded Mandates Task Force was conducted. Mrs. Wiley
indicated that she hoped that the momentum of the unfunded mandates issue would continue and
encouraged all supervisors to keep it on a front burner at all times. The final effort could take
as much as two or three years to complete.
b) Report on 1994 General Assembly - President Wiley assessed the 1994 General
Assembly as a good one for local governments. She indicated that there was good support for
many of the items that VACo was concerned with. She thanked the many supervisors from across
the state who took the initiative to contact legislators at VACo's request. She noted particularly
that the broad support from county officials in opposing the mobile home legislation. Mrs.
Wiley pointed out that such a display of support from across the state was instrumental in
getting the legislation defeated by the General Assembly.
6. Executive Director's Report
a) Staff Activities Report - Mr. Campbell pointed out the written report of the staff
activities that was included in the package for the Board of Directors.
b) Awards and Honors - Mr. Campbell pointed out that several VACo publications and
activities had been recently recognized as award winners by the Virginia Press Women's
Association in their annual statewide competition. The 1993 Summary of Legislation Affecting
County Government won first prize; the National Unfunded Mandates News Conference and
related materials was awarded first place; and the recently published VAColVML Membership
Directory was honored with a third place designation.
c) VACo Lease ProQram - Mr. Campbell reported on the development of the VACo Lease
Program which was discussed at an earlier meeting. He reminded the Board that the concept
behind the "lease pool" was to provide an opportunity for counties to borrow money for short
term capital projects at a rate that was probably lower than the commercial rates that they are
now paying. Although it was clearly evident that many counties could save substantial dollars in
their annual budget utilizing this financing technique. the program was not ready to be
presented to the membership. A further report will be forthcoming at a future meeting.
d) CAM Services - Mr. Campbell shared with the Board a proposal from Cable Access
Management, Inc. (CAM) to join with V ACo in a partnership to assist local governments in using
video and related telecommunications technologies to improve the delivery of services to the
public and to improve the administration of government. CAM proposed to develop a program
with the mission to assist VACo in securing some possible federal grants to help underwrite the
program. After additional discussion on the matter, the Board agreed that the program was
worth exploring further and suggested that a committee be established to review and guide the
project.
7. General Counsel's Reoort
Mr. Hicks gave a review of the legislation as it was finally approved by the General
Assembly and the Governor. Referring to the VACo publication "1994 State Legislation Affecting
Counties", Mr. Hicks indicated that it was relatively good year for local governments in the
General Assembly.
DRAFT
V ACo Board of Directors - April 30, 1994
Page 3
Next there was lengthy discussion on the several pieces of legislation that were generally
known as "Right to Farm". There was concern that the long term ramifications of these pieces of
legislation were yet unrealized by many county officials. They appeared to be a significant
intrusion on local land use controls. After a thorough discussion, Mr. Hyland suggested that the
staff prepare a white paper on the "Right to Farm" issues and to distribute the report to all
supervisors in the state.
Mr. Hicks advised that the negotiations for electric rates were continuing. The Task
Force had just completed the work on the APCO rate negotiations and now a new Task Force has
been created to negotiate the rate structure with Virginia Power. The Board was reminded that
this is a triennial effort, jointly worked with VACo and VML, to secure the most favorable
eleqtric rates as possible for local governments. The costs for negotiations were borne by the
individual jurisdictions within the APCO and/or Virginia Power service areas. Each
jurisdiction was assessed a pro rata share of the cost of the negotiations.
8. NACo ReDresentative's Report
Mr. Hyland distributed a summary of the actions taken by the NACo Board of Directors at
its last meeting in March. Included in the report were legislative bulletins from NACo which
addressed payments in lieu of taxes (PIL T), crime prevention, unfunded mandates, and waste
flow control legislation. Mr. Hyland also advised the Board that he had been asked to chair
NACo's Investment Policy Task Force and to become a member of the newly formed NACo Finance
Committee.
9. Committee ReDorts
a) Unfunded Mandates Task Force - Mr. Wagner gave a report of the Unfunded Mandates
Task Force. He noted that the Unfunded Mandates Summit held on April 19 was quite successful
and ;got considerable media attention on the issue. The task force met on April 19 to organize
itself and to establish a general mission. The task force agreed to meet again for a more in-
depth work session on May 26.
1 0 . Workina with Virainia General Assemblv
President Wiley led the Board in a lengthy discussion on lobbying the Virginia General
Assembly and the effectiveness of VACo's efforts. There was general frustration that VACo was
not able to achieve all of the issues which it wanted and that many times state legislators ignored
VACo's issues totally. It was observed that the state legislators often considered VACo merely
another special interest lobbyist as opposed to a partner in the governance of the citizens of
Virginia. The Board expressed concern that many times lobbying efforts were left entirely to
the VACo staff and that the individual officials from counties throughout the state failed to
participate in the process at all. The effectiveness of the VACoNML Legislative Day was
discussed. It was reaffirmed that VACo should as an entity reaffirm the various positions that
were important to county government, and encourage the legislators to pre file as many pieces of
legislation as possible so that other communication and analysis could make everybody more
effective.
On a motion by Mrs. Seefeldt which was seconded by Mr. Duncan, the
Board unanimously approved a plan requesting the President to appoint a task
force to study a more effective date for Legislative Day. This may involve
scheduling Legislative Day for earlier in the legislative session, possibly before crossover day.
The task force should try to work with VML to address these issues.
D~RAFT
V ACo Board of Directors - April 30, 1994
Page 4
On a motion by Mrs. Hanley which was seconded by Mrs. Wingo, the Board
unanimously requested that each Board of Supervisors select a member who will
be a legislative contact for that particular county. The selected legislative
contact should be someone who is willing to serve, available to serve, and would
be responsive if requested to take certain action.
Mr. Curry moved that VACo establish some program to recognize those
legislators whose actions reflected support for the V ACo legislative program.
The motion was seconded by Mr. Wagner and some discussion ensued. Following
the discussion, it was agreed that the motion be tabled and referred to staff for recommendation
for a future meeting.
1 1 . V AGo Office Space
Mr. Campbell advised the Board that the office space lease in the Old City Hall building
would expire in early 1995. After some discussion about the location of V ACo offices, on a
motion by Mr. Wagner which was seconded by Mr. Belman, the j30ard
unanimously authorized the staff to negotiate a new lease and make a
recommendation to the Board in August if possible.
1 2. Endorsement Policv
Mr. Sampson reported that the Budget and Finance Committee had reviewed their draft of
the VACo endorsement policy. After additional consideration, the Budget and Finance Committee
revised the recommendations that they had agreed to present to the Board of Directors. After
some additional discussion of the matter, on a motion by Mr. Blevins which was
seconded by Mr. Hyland, the Board of Directors unanimously adopted the
following VA Co endorsement policy:
V ACo Endorsement Policy
It shall be the policy of the Virginia Association of Counties to grant
exclusive and/or non-exclusive endorsement of products or services designed
and intended for the beneficial use of counties. . Such endorsement shall be
granted by the V ACo Board of Directors after receiving a recommendation from
the Budget and Finance Committee.
The Budget and Finance Committee shall consider the following criteria
when determining which endorsements are to be recommended:
1 ) Is the provider/vendor an associate member of VACo?
2 ) Has the product or service been endorsed by NACo or any of
NACo's subsidiaries?
3 ) Does the product or service have value to V ACo or any of
VACo's member counties?
4 ) Has the product or service been used by V ACo or any of V ACo's
member counties? If so, what was the experience?
5 ) Is the product or service judged to be a superior one in the marketplace?
6 ) Did the provider/vendor approach V ACo for such endorsement?
7 ) Does the provider/vendor offer VACo or any of VACo's subsidiaries an
endorsement fee?
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v Co Board of Directors - April 30, 1994
Page 5
A product or service must have an affirmative response to a majority of
the above criteria before it can be considered for endorsement.
Any endorsement agreement shall include termination provisions which
may be exercised with proper notice by VACo with or without cause.
Any endorsement agreement shall be reviewed at least annually.
1 3 NACo Net Prooosal
Mr. Campbell reviewed an endorsement and marketing agreement that was offered by
o Services Corporation to endorse the provision of information technology services through
oNet. Mr. Sampson reported that the Budget and Finance Committee had reviewed the
pro sal and after applying the aforementioned endorsement policy to the proposal recommended
that the Board approve the endorsement request. During the discussion, conCern was expressed
ove the "exclusive" endorsement of NACoNet and the establishment of EDS and MAXIMA as
"pr ferred" information technology providers. Mr. Jenkins moved b~ resolution
(aU ched) that the Board approve the endorsement proposal contingent upon the
agr ement becoming a "nonexclusive" endorsement and that EDS and MAXIMA be
considered "superior providers" versus "preferred providers". The motion was
sec nded by Mr. Duncan which carried by an unanimous consent.
1 4. Municipal Advisors Inc. Prooosal
The Board considered a request for an endorsement agreement from Municipal Advisors,
Inc. (MAl). Mr. Sampson reported that the Budget and Finance Committee had reviewed this
pro sal applying the criteria for the aforementioned VACo endorsement policy. After the
revi w the Budget Committee recommended that the Board of Directors approve the endorsement
agreement. Accordingly, on a motion by Mr. Wagner which was seconded by Mrs.
See eldt, the Board unanimously approved the endorsement agreement with
Municipal Advisors, Inc.
1 5. Committee/Staff Reoorts
The Board reviewed the various reports on the following activities: a) Commission on
Pop lation Growth & Development; b) Strategic Planning Committee; c) Right-to-Farm
Seminar; d) various Human and Social Services activities; e) Technical Services Report;
f) Un unded Mandates Summit; and g) License Plates for County Supervisors. On a motion by
Mr. yland which was seconded by Mr. Belman, the Board unanimously accepted
the eports as presented.
1 6. 1994-95 Budaet
Mr. Sampson, Chairman of the Budget and Finance Committee, presented a proposed
budg t to the Board of Directors for fiscal year 1994-95. Directing the Board's attention to a
expla atory memorandum attached to the proposed budget, Mr. Sampson noted that the bUdget
reflec ed approximately a 7 percent increase over the adopted budget for 1993-94. Mr.
Sam on reported that it was an unanimous recommendation of the Budget and Finance
Com ittee to approve the budget for 1994-95 without a dues rate increase. However, the
reco mendation was that a 2~ increase in the per capita dues rate be approved effective July 1,
1995. After some additional discussion by the Board, a motion by Mr. Wagner which was
seco ded by Mr. Gilkey, the Board overWhelmingly approved the
reco mendation of the Budget and Finance Committee. Mrs. Hanley abstained
from the vote.
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V ACo Board of Directors - April 30, 1994
Page 6
1 7 . Other Business
Mr. Wagner asked the Executive Director to convey congratulations to the entire VACo
staff for the publications developed during the 1994 General Assembly. He commented that the
timing of the material was excellent and that the productions done in-house were of high quality
and very informative to the recipients. Mrs. Hanley also observed that the budget analysis
prepared by the V ACo staff was excellent and provided the information needed to carefully assess
the impact on local governments.
1 8. Adiournment
There being no further business to be considered, by unanimous consent the meeting was
adjourned at approximately 1 :30 p.m. The next Board of Directors meeting will be on August
14th at the Charlottesville Omni during the LGOC.
Respectfully submitted,
James D. Campbell
Executive Director
VIRGINIA ASSOCIATION OF COUNTIES
ESOLUTION
WHEREAS, the Virginia Association of Counties ("V ACo") exists to support county officials
and to effectively represent. promote and protect the interests of counties to better serve the people
of Virginia; and
WHEREAS, V ACo recognizes the importance of cooperative working relationships, not only
among our membership, but also with other organizations which have shared interests and
business; and
WHEREAS, V ACo's strategic plan encourages the use of information technology to enhance the
efficiency of every county; and
WHEREAS, NACoServices, Corp. completed a lengthy and complex competitive process and
spent considerable time analyzing and evaluating numerous providers of infonnation technology
services; and
WHEREAS, NACoServices, Corp. has endorsed the NACo National Enterprise for Technology
("NACoNET"), a joint program of National Association of Counties (NACo), EDS Federal, Inc.
("EDS"), and MAXIMA Computer Systems Corporation ("MAXIMA") for the benefit of counties
and other governmental entities derivative of county fmancial and political authority; and
WHEREAS, V ACo has ascertained that the NACoNET Program is appropriate and worthy of
endorsement and active marketing by V ACo;
NOW, THEREFORE, BE IT RESOLVED, that the Virginia Association of Counties Board
of Directors approves EDS and MAXIMA as superior infonnation technology providers for
Virginia counties and NACoNET as a superior Program for infonnation technology services.
BE IT FURTHER RESOLVED THAT the V ACo Board of Directors authorizes the
Executive Director to execute the endorsement and marketing agreement with NACo Services, Inc.
and directs V ACo officers, staff and agents to carry out the requirements of the agreement
Adopted by the Virginia Association of Counties Board of Directors
on this the 30th day of April, 1994.
G~(fi. ~~
President, Virginia Association of Counties
PROCLAMATION
WHEREAS, the United States Presidential Scholars Program was
stablished in 1964 to recognize and honor the Nation's most distinguished
raduating high school seniors; and
WHEREAS, selection as a Presidential Scholar is based on scholastic
nd/or artistic achievement, demonstrated leadership ability, service to the
ommunity, as well as strong character and commitment to high ideals; and
WHEREAS, no more than 141 students are chosen annually from among
o tstanding graduating seniors to become Presidential Scholars, these students
bing chosen by the Commission on Presidential Scholars from approximately
2 00 students who are selected as semifinalists and who receive an invitation to
p rticipate; and
WHEREAS, Nicole T. Gercke, daughter of James and Skip Gercke of
1 35 Rustling Oaks Drive, Albemarle County, Virginia, a graduating senior
f om St. Anne's-Belfield has been named a 1994 U. S. Presidential Scholar;
NOW, THEREFORE, BE IT RESOLVED that the Board of County
S pervisors of Albemarle County, Virginia, does hereby extend its most sincere
c ngratulations to Nicole T. Gercke for this singular achievement; "the highest
n tional honor that is bestowed upon graduating high school seniors."
(d~ :;jJ~
Walter F. Perkins, Chairman
Albemarle Board of County Supervisors
...
COUNTY OF ALBEMARLE
JUN
MEMORANDUM
TO:
FROM:
DATE:
RE:
---------
Albemarle County Board of Supervisors ~ ~
Robert W. Tucker, Jr., County Executive~1
June 14, 1994
Morven Farm Odor Problem
As a follow up to the June discussion regarding the odor problem
associated with Morven Farm's feed lot, you may be interested to
know that the article following the Board meeting made the wire
services nationwide. We have received numerous calls from various
scientists and companies in the agricultural and wastewater field
who have been involved in eliminating or at least reducing the odor
from feed lots as well as sewage treatment plants. We have passed
along their names and phone numbers to Mr. Curry Roberts and I
understand that he has contacted most of them and they are in the
process of investigating which ones are legitimate entities that
may offer a solution to their odor problem.
Mr. Roberts has also contacted Virginia Tech for further assistance
and indicates that for now he plans to continue feeding the yucca
plant supplement at least through the fall. This should determine
whether or not this procedure is effective. If any additional
information is received regarding this matter, I will be happy to
make you aware of it.
RWT,Jrjdbm
94.098
..
.
,
IN 08 '94 16:43
June 3, 1994
Mr. On'ry a:x.rts
3359 MBr8den POint
Keswick., VA
P.2
we are :in desperate need of ~ help. ?'he air we breathe has
beoone disgusting with odor and noxious fumes.
'Ibe source of our trouble stEInS fran the newly fotmed Albemarle
Farm Feed lot located al route 713 in I<eene, Virginia. 'lbis feed
lot mlds CNer 2500 head of cattle 1n a specially CCdtructed
facility \It1ich includes a larqe holdi.rv] tank for the an1mal's waste
material. '111e....ste nun this tank ill ~ into truc::ks \tt1ich
then ~ to the fam' s i!djaCllnt f1elCIII \Ibere the waste is sprayed.
Since fotlreh this spraying' has gene. al tor we1cs at a time am the
8mBl.ls resulting !ran this activity are absolutely obncxious. Not
only is there tremendous air pollutial b.1t we are questioning \bit
oculd happen to the water and soil quality in QJX' area.
'11te air is :inp:)ssible to breathe for miles around the spraying area.
which 00Yer8 approx1mately a 4 mile radius and :includes CNU 7S
hCDBS, 3 cburc:hes, an a1tdoor I8Ct'eatienal fae!l1 ty ard an elerrentary
scbx>l. Last ltDnth the taSte odor EI1tered into the school '8 filter
syst8D c:auaing problems for lDth the child:rGn am. .Iteachers.
b d:n::Jx1ous snell permeates ~ am lingers CIl everyt:h1ng.
No cXx:ars, IX) windows and no filters am keep the smell alt. People
in the area are Slffering DBny neqative lilya10al ~ including
buming eyes and throats, sinus and other breathing difficulties,
hesdaches, chest pUns and extr&De irritability.
We dread the c:x:miJvJ heat and humidity of the sumner ucnths when
the put:r1cS air will hover far weeks at a time :in our lungs and 1n
our tunes. We choose to live in this area because of its quiet,
rural na~ and mw em' lives are be1n9 destroyed by this cin:Jx1ous
~ dangerous am-. .
, .
,
Pl.ea.se help UIS to e1i.minate this problem and 9Bin teok ilsr right
to breathe clean air. .
~:Lt.IU
Liddell vvr-- (
. .
lUN 08 '94 16;43
P.3
Morven Farms
Route e. Box 69
Charlottesville, Virginia 22902
Tel. (804) 293-3918
Fax (804) 977-8247
June 8, 1994
~ DBL:l:VDY
Ms. AnaMarie Liddell
Post Oft ice Box 445
scott.ville, Virginia 24590
Cear M.. Liddell:
Thank you for your letter of June 6 to John Kluge and to me
dated June 3. Mr. Rluqe is traveling and has asked that I respond
to your letters.
At the outset, let me review the tacts as objeotively .s
possible.
2.
1.
Our name is not Albemarle Farms, it is Morven Farms and has
b.en since 1991.
Th. facility in question is not a feed lot per ,s., but rather
a backgrounding facility where light-weight calves are fed to
. oertain weiqht and then res~ld into the feeder calf m~rk.t.
The facility does not hold "over 2,500 head" ot cattle at any
given time. As a matter of fact, under the .tate'. nutrient
management plan, we cannot house more than 1,250 head of
cattle in the facility at a given time.
You are correct in that the facility is specially constructed.
It was constructed as a model facility with the assistance ot
the Virqinia cooperative Extension service at Virginia Tech
bas.d on their expertenoewith other facilities around the
state. In addition, the taci~!ty is specially built because
of its manure manaqement capabiliti... .~
Under state law, we are only required to provide a laqoon.
Instead, we elected to build a holdinq tank at an additional
cost of 80me $80,000, rather than a.1a900n. The reasons we
chose the concrete tank are two fold.
3.
4.
5.
First, it gives us the greatest assurance of havinq a six-
month storage capacity of manure 80 that we would not violate
the nutrient management plan, which prohibits our apreading
when the ground is frozen, i.e., between November and early
March. Despite the unusually severe weather this past wint.er,
we did not have any overflow, nor did we have to aak for
emerqency permission to spread on frozen fields.
!WN 08 '94 16:44
P.4
H.. AnaMarie Liddell
Jpne 8, 1994
P~ge Two
The other reason we chose a tank over a lagoon i8 the 1a900n
would need to be twioe a8 large as the tank we built in terms
of land area to hold the same amount of manure ana at the same
time present a riSk ot contamination of ground water. As a
matter of tact, the merits of this deois10n have been
validated because under the state's new general permit,
facilities of this type are qoing to require monitoring wells
around lagoons, but not tanks, as they do not leak.
6. Sefore we could operate a facility of this type, we were
required to obtain a permit and develop a nutrient management
plan from the Virginia Department of Environmental Quality in
conjunction with the virginia D1vision ot soil and Water
Conservation. Under that nutrient manaqement plan, we must ao
the tollowing:
· Maintain a minimum .et-back from .treams of at least 50
f..tl a minimum set-back of 25 teet trom property lin..;
200 teet from occupied dwellings and '100 teet from well
heads.
· 'l'est both the soil an(1 the manure to insure that we
maintain a proper soil nutrient balance. The state only
requires ua to talce soil samples every three years
depending on crop rotation; however, we test every year.
These practices for the most part have historically been
part of our best management practices when using
commercial fertilizer. The state has visited us at least
onoe a month and observed our practices, taken sample.
and have pronounced themselves satisfied. We either meet
or exceed all atate standards.
· To receive the permit we must comply with zoninq ot the
county in whioh we operate. In this ca.e, not only do we
comply because the land in this area is zoned
aqricultural, we exceed it. The 1,261-acre property was
placed in an aqricul tur"I-for..tal district 80me two
year. aqo. As you may know, agricultural-torestal
d1stricts are intended by state law to promote
agricultural or forest.al uses of this type and to inhibit
other development. Our intention is to continue to tarm
in this area and in this county for many years to come.
This i. a long-term investment for us an4 it is a tor
profit operation.
AS you probably know, throughout aqricul tural history, the r8-
i~corporation of tarm-generated animal and plant waste. into the
spil has been the standard for efficiency of operation, as well as
PFoper husbandry of the 80il. Even today'. emphasis toward less
c~.mical us. and a more natural approach to foo4 produotion would
'94 16:45
p.5
. AnaMarie Liddell
e 8, 1994
ge Three
d c~a~e concerted farm management thought and effort towards
d veloplllent and fine tuning of farming techniques - ones whioh
w ul4 lead us to a facility system exaotly like the one we
c nstructed.
As to the odor that you have questioned, I must express a
e rtain degree of contusion. Our first sprea4inq beqan in Maroh of
t is year. At that time our staft; (we have about a half dozen
. ploysss and their families living on the property in ques~ion)
a d a few neighbors, pointed out that the odor was somewhat strong.
W have been in oontact and are working with a firm which provides
o or reducing prOduct. to both municipal faoilities and
a icultural facilities around the country. They have a product
t at We ware able to put in the tank and in our spreading in April,
o staff noticed a marked reduction in the odor. Our experience
w th this product was encouraqinq and even though we were the first
t use it in Virqinia, it is now being marketed to a number of
o er tarms, (especially dairy farms) around the state. In
a dition, the firm recently came on the market with a feed
. pplement product made of the same compounds. This natural
p oduct's major inqredient is a hi-product of the yucca plant. We
h ve been using this as a teed supplement and aqain have noticed a
nsiderable reduotion in odor. Let me assure you it we are able
find an economically-viable product on the market that could
duc. odor to zero, we will be more than happy to us. 1 t. We will
.0 continue to research various alternatives.
In terms of spreadinq practices, we have attempted as often as
could to spread when rain is torecast, which we also notice
lpa to reduce the odor even further. Over the past week or so,
en we were spreadinq because ot planting needs, we have not had
lot of rain. However, we have basically completed our spreading
r the first part of the year and the next time we will be engaged
spreading manure will be in the fall when we are plantinq our
11 crops.
In all honesty, we have not heard the type of complaints you
scribea, either from our staff or the neighbor. with whom we've
lked. There were questions raised initially, which we needed to
dress and have had a number ot the neiqhbors tell us that they
re sati.tied with our efforts and hoped that we would continue to
arch for other ways to further reduce odor, which we will.
Additionally, .s part of the permit process with the state we
d to advertise our application. That advertisement ran in the
er ot '93 in the Charlottesville Daily proqress as required by
ate law, and, at that time there were no que.tions or oomments
1sed. Thirty day. later we were issued the permit.
... .
Liddell
'94 16:45
P.6
During construction, a number of our neighbors asked questions
out exactly what we were doing and seemed to have a considerable
ount of misinformation as to the number of hea4 that would be
used and our nutrient management practices. We virtually had an
o en house one day and about 15 or so of the neighbors
p rticipated. At that time we expressed the hope that if anyone
s ould have a concern or a question that we would be happy to ~8et
a anytime.
I think our commitment to trying to be a 900d neighbor is well
emplified by the negotiations we engaged in with the
presentatives of Christ Church, the Virginia Department of
ansportation, and Albemarle County where we have agreed to move
r entrance at a cost of $20,000 to us, even though it really does
t improve our operating practice.. We did thi. primarily to ease
. traffic flow 1n front ot the church and at the same time
petully to Qontribute to a much sater road pattern at the
i ter..ctions of Routes 712 and 713, tor which we will donate the
rlqht of way. Therefore, I do not think at any time W8 have proven
t be unreasonable people to deal with.
We .tanc1 ready as alway. to continue to answer reasonable
..tions about our practices and to obtain feedback on how we can
better neighbors and at the same time pr..erveour riqhts as
operty owner. and managers to engage in legitimate agricultural
actic.. in an area zoned tor ,jus~ this sort of activity.
Aqain, thank you for your letter.
/If/6-7A
~,.
,.,.
The Honorable Forest Marshall, Member, Boara of Supervisors
Mr. Robert W. Tucker, County Exeoutive
~;:':>f ~. 8.?,-!
June 3, 1994
\valter Perkins, Olainnan
Albemarle Cbunty Board of Supervisors
County Office Bldg.
401 M:::lntire Rd
Olarlottesville, VA 22903
J'...ii',..'.
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We are in desperate need of your help. The air we breathe has
becane disgusting with cxlor and noxious fmnes.
The source of our trouble stems from the newly fonned Albemarle
Fann Feed lot located en route 713 in Keene, Virginia. This feed
lot ooIds Oller 2500 head of cattle in a specially ronstructed
facility which includes a large holding tank for the animal's waste
material. The waste from this tank is pnnped into trucks which
then go to the fann's adjacent fields where the waste is sprayed.
Since MITch this spraying has gone en for weeks at a time and the
smells resulting from this activity are absolutely cbnoxious. Not
only is there tremendous air pollution rot we are questioning what
could happen to the water and soil quality in our area.
The air is impossible to breathe for miles around the spraying area
which rovers approximately a 4 mile radius and includes Oller 75
hanes, 3 churches, an ootdoor recreational facility and an elementary
school. Last rronth the waste cxlor entered into the school's filter
system causing problems for !:nth the children and teachers.
The cbnoxious smell penneates everywhere and lingers en everything.
No doors, no windows and no filters can keep the smell oot. People
in the area are suffering rrany negative physical symptans including
burning eyes and throats, sinus and other breathing difficulties,
headaches, chest rains and extreme irri tabili ty .
We dread the cx::ming heat and hurnidi ty of the surrmer rronths when
the putrid air will lDver for weeks at a time in our lungs and in
our I:xxnes. We choose to live in this area because of its quiet,
rural nature and IDW our lives are being destroyed by this cbnoxious
and dangerous cxlor.
Please help us to eliminate this problem and gain tack our right
to breathe clean air.
;;r;JLLy
AnaMarie Liddell
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902.4596
(804) 296.5823
-~. --. ._'._--'-~.---..........--
M Y 12, 1994
T inity Presbyterian Church
. o. Box 5102
C arlottesville, VA 22905
SP-94-11 Trinity Presbyterian Church
e Albemarle County Planning Commission, at its meeting on May
10, 1994, unanimously recommended approval of the above-noted
r quest to the Albemarle County Board of Supervisors. Please
n te that this approval is subject to the following condition:
1. Clearing of trees shall be limited to that shown on a site
plan titled, Trinity Presbyterian Church, revised 2/15/93
and initialed WDP 4/27/94.
e Albemarle County Board of Supervisors will review this
tition and receive public comment at their meeting on June 8,
94.. Any new or additional information regarding your
plication must be submitted to the Clerk of the Board
pervisors at least seven days prior to your scheduled hearing
tee
If you should have any questions, regarding the above-noted
a tion, please do not hesitate to contact me.
Ella Carey
Jo Higgins
Amelia McCUlley
Tom Muncaster
TAFF PERSON:
LANNING COMMISSION:
OARD OF SUPERVISORS:
WILLIAM u. FRITZ
MAY 10, 1994
JUNE 8, 1994
TRINITY PRESBYTERIAN CHURCH
Proposal to amend a condition of SP-93-01 to allow
dditional grading to occur on-site. Property, described as Tax
ap 76, Parcels 17C and 17C1, is located on the south side of
eservoir Road (Route 702) approximately 3/10 of a mile west of
'ts intersection with Route 29/Route 250 Bypass in the Samuel
iller Magisterial District. This site consists of 17.54 acres
oned R-1, Residential and EC, Entrance Corridor Overlay
istrict. This site is located in a designated growth area
Neighborhood 6) and is recommended for Low Density Residential
1-4 dwelling units per acre).
haracter of the Area: Residential properties are located to the
orth and west of the church site. Route 702 provides the
orthern boundary. The Jefferson Lodge Retirement property
recently reviewed for the Old 29 Office Place Preliminary Site
lan) and the Chinese Dragon Restaurant are located on the west
ide of old U. S. Route 29 north of Route 702. The Virginia
epartment of Forestry property lies on the east side of old
. S. Route 29 across from this site. The subject property
'tself is occupied by a church and related improvements.
PLICANT'S PROPOSAL:
he applicant is proposing to amend the conditions of SP-93-01 to
llow additional clearing and grading in order to permit
dditional parking. Approximately 90 additional spaces are
roposed.
taff has reviewed this request for compliance with the intent of
he original conditions on this property and Section 31.2.4.1 and
ecommends approval.
arch 19, 1983 - The Planning Commission approved a site plan for
rinity Presbyterian Church. This was a request for a 20,000
quare foot building.
1982 - The Planning Commission approved a revised site
a 20,000 square foot building served by 294 parking
20, 1987 - Site Plan for 15,800 square foot education
administratively approved.
ay 2, 1988 - Site Plan amending parking areas is approved
dministratively. This increased total parking on-site to 386
paces.
1
~ebruary 21, 1990 - The Board of Supervisors appr~~ed SP-89-97, a
equest to operate a preschool for up to 60 children.
.uly 3, 1991 - The Board of Supervisors approved SP-91-16, a
equest for two modular classrooms.
(Dctober 1992 - Site Plan Amendment for soil stockpile approved
( dministratively.
Iebruary 17, 1993 - Board of Supervisors approved SP-93-01
(llowing additional clearing.
~ TAFF COMMENT:
rrhe church currently experiences parking shortages on a regular
]Dasis resulting in on-street parking. This proposed parking area
\uill help to alleviate this situation. The intent of the
condition limiting the amount of clearing allowed was to minimize
he visibility of this development from adjacent properties and
he entrance corridor. This request involves clearing near Route
02. This clearing will not affect visibility from the entrance
<orridor. The proposed parking area will be visible from Route
02 and adjacent property. With appropriate screening, as shown
<n the site plan (Attachment C), this increase in visibility
~hould not adversely impact other properties.
! UMMARY:
J fter installation of screening trees as shown on the site plan,
the additional parking area should have minimal impact. Staff
(pinion is that this request is consistent with the original
cpprovals on this site and Section 31.2.4.1 and therefore staff
lecommends approval subject to the following condition:
I~COMMENDED CONDITION OF APPROVAL:
Clearing of trees shall be limited to that shown on a site
plan titled, Trinity Presbyterian Church, revised 2/15/93
and initialed WDF 4/27/94.
lTTACHMENTS:
]. - Location Map
I - Tax Map
( - Site Plan
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902.4596
(804) 296-5823
'--7
MAY
""'''''-''-~~...
tanley P. Wilcox
t. 1, Box 620
rozet, VA 22932
ZMA-94-02 Blue Goose
Mr. Wilcox:
he Albemarle County Planning Commission, at its meeting on May
0, 1994, unanimously recommended approval of the above-noted
equest to the Albemarle County Board of Supervisors.
he Albemarle County Board of Supervisors will review this
etition and receive public comment at their meeting on June 8,
994. Any new or additional information regarding your
pplication must be submitted to the Clerk of the Board
upervisors at least seven days prior to your scheduled hearing
ate.
f you should have any questions, regarding the above-noted
ction, please do not hesitate to contact me.
incerely,
'i/~
illiam D. Fritz
enior Planner
Ella Carey
Amelia McCulley
Jo Higgins
Brian Smith
S AFF PERSON:
P NING COMMISSION:
B ARD OF SUPERVISORS:
WILLIAM D. FRITZ
MAY 10, 1994
JUNE 8, 1994
Z -94-02 - BLUE GOOSE
tition: To amend ZMA 90-20 on 1.4 acres Zoned PD-SC, Planned
velopment-shopping Center. Property, described as Tax Map
A(l), Parcels 53, 54, 54A, 55 and 56 is located on the west
de of Route 240 between Route 240 and Carter Street
proximately 400 feet south of the Chesapeake and Ohio Railroad.
e site is located in the White Hall Magisterial District. This
ea is recommended for community service in the Community of
ozet.
of the Area: The property is currently developed with
ur buildings occupied by retail and office uses at the front of
e site and a single family residential unit to the rear. The
ndham development, which includes Crozet Foods and Sovran Bank,
located immediately adjacent to the north.
LICANT'S PROPOSAL:
e applicant is proposing to construct a 13,740 square foot
opping center to be served by 76 parking spaces. ZMA-90-20
rmitted 17,314 square feet and 97 parking spaces. This
eludes the Blue Goose building which is proposed to be
eserved. The remaining buildings on the site will be removed.
e exact uses for the site have not been determined.
RY AND RECOMMENDATIONS:
aff has reviewed this request for compliance with the ordinance
approval.
ING AND ZONING HISTORY:
nuary 2, 1991 - Board of Supervisors approved ZMA-90-20 which
tablished PD-SC Zoning on this site. The preliminary site plan
s approved during the review of ZMA-90-20.
AFF COMMENT:
is request is for a reduction in building area from that
proved in ZMA-90-20 and a revision in access and circulation.
ction 8.5.6.3 authorizes the Director of Planning and Community
velopment to authorize certain revisions to planned
velopments. The change in building size may be approved
inistratively.. The only issue requiring Board action is the
location of the access. The plan approved with ZMA-90-20
dicated that access would involve an easement allowing
1
ilization of the existing Crozet Foods entrance (Attachment C).
e applicant has negotiated with the owners of the IGA access
d the owner of the parcel adjacent to the access. The
plicant has been unable to obtain the necessary
sementjproperty acquisition to allow development in accord with
e plan approved with ZMA-90-20.
e applicant proposes to locate a new entrance with frontage
provements on Route 240 at the south side of the property
ttachment D). The Department of Transportation has provided
mments on this request (Attachment E). All of the items
ntained in the Department of Transportation letter may be
dressed during the site plan review process and require no
ecial agreements.
aff opinion is that the modifications to the approved plan are
nsistent with the spirit of the original approval and the
ning Ordinance. Therefore, staff recommends approval of the
zoning request. No agreements were contained in the Board's
iginal approval of ZMA-90-20 and staff opinion is that none are
cessary for this modification.
TACHMENTS:
A - Location Map
B - Tax Map
C - Plan Approved with ZMA-90-20
D - Proposed Plan
E - Virginia Department of Transportation Comment
2
A: B-GOOSE.WP
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~IATTACHMENT E\
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April 19, 1994
Blue Goose
Route 240, Crozet
ill1am I'ri t ~
ty of Albema~le
rtment ot Plann1ng and
unity Dovelopment
McIntire Roo.d
lottesville, VA 22902-4596
Dees. Mr. FritzI
With re!erence to our meeting on April 14, 1994, with MS. Wanda Moore of VDOT,
we feel that the trontage improvements $hown on revised plan ot March 24, 1994, are
acc ptable fo~ granting an entrance permit to thi$ site. There are several concerns
o.nd recommendations wo have for the developed site plan as ahownl
1. Tho entrance on Route 240 should have minimum ~adii of 25 feet allowing
exitin~ vehicle9, particularly delivery ~ruck', to exit without running over
the curb or driving into the northbound lane of Route 240 as they exit to
th~ south. Thig will probably necessitate the reloca~ion ot a power
pole. Handicap ramps, CG12, curb cuts will be reQuired at the entrance on
both sidea.
2. The Department will need to review draina~e c~loulationG. It
recorn~ended in previous comm~nts that post-developmont run-of:
the pro-development run-o!t for the site.
had 1:>aen
not o){ceed
3. The commercial entrance off of Carter street appear' adequate, although
;~dii are not 5hown. This entrance does appear ~t will cause internal
problern~ if there ~re large trUCKS trying to bac~ into the loading space.
4. The proposed typical section shoul.d rerlect Bit of #2lA primed and 2" of
SM.2A. I
Hopet~lly this will address
tu thar asaiatonce, pleaae give me
our concerns with
li ca.:l.
this site ami
if. I can
be of
YOUrll truly,
H. W. Mills
Assi5tant ~esid&nt En9~n.er
H /smx
C I wanda Moore
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May 5, 1993 (Regular Day Meeting)
(Page 23)
Agenda Item No. 18. Other Matters Not Listed on the Agenda from the
BOARD.
Mr. Tucker said Mr. Perkins and staff have both been contacted by a
citizen asking for a fee waiver for placement of a foot bridge across the
Moormans River. Because of the cost of the fee to do that, staff has looked
at the problem, and suggests that the fee be reduced down one-fourth of the
normal cost because it will not take much time and effort on the part of staff
for the review. The plan will go through the process, but staff will only
spend about one-fourth of the normal time on the review, so the actual cost
will be only about $173.00. He requested a motion from the Board approving
this waiver of cost regarding a foot bridge to be built by Mr. John Alford.
Mr. Tucker said staff is going to reexamine the fee schedules again in the
near future.
Motion to grant the request was offered by Mr. Perkins, seconded by Mr.
Bain, and carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
Mr. Bain mentioned a letter sent to the Board from Ms. Margaret McLeod
Cain giving notice pursuant to Virginia Code Section 8.01-195.6 of a suit
filed against the Commonwealth on behalf of Ms. Phyllis Tinsley, deceased. He
asked if this is simply a notice. Mr. St. John said it is not a demand under
the statute, but under the Virginia Tort Claims act, and should not have been
sent to the County. The County maintains no highways, so is immune from this
kind of liability.
Mrs. Humphris mentioned Item 5.10 from the Consent Agenda, Rivanna Solid
Waste Authority report. It has been mentioned by the press that Albemarle
County residents are recycling only one percent, but the County actually does
much more than that as shown in the report.
Mrs. Humphris asked the difference between a mass burn facility, and a
refuse-derived fuel plant. Mr. Tucker said a refuse-derived fuel plant will
actually take refuse and create pellets which can then be burned. A mass burn
is simply that, they take refuse and incinerate it.
Mrs. Humphris said this is an important report, and very clearly
written.
Mr. st. John said he has been contacted by Mr. George Gilliam who would
like to meet with the Board in executive session on May 12, 1993, at 6:00 p.m.
for the purpose of discussing the Larry Claytor case with the Board's attor-
ney.
Agenda Item No. 20. Adjourn. At 2:45 p.m., with no further business to
corne before the Board, motion was offered by Mr. Bain, seconded by Mrs.
Humphris, to adjourn this meeting until May 12, 1993, at 6:00 p.m. Room 11,
Fourth Floor, County Office Building, for the purpose of conducting an
executive session on legal matters pertaining to the police suit.
Roll was called, and the motion carried by the following recorded vote:
AYES: Messrs. Perkins, Bain, Bowerman, Mrs. Humphris, and Mr. Marshall.
NAYS: None.
ABSENT: Mr. Martin.
~~J~(~?,;7/}'"L-.
~.- Chairman
ORDINANCE NO. 94-19.3.2.9(4)
AN ORDINANCE
TO AMEND AND REORDAIN CHAPTER 20, ZONING
SECTION 19.0, PLANNED RESIDENTIAL DEVELOPMENT PRD
OF THE CODE OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of County Supervisors of Albemarle County,
Virginia, that Chapter 20, Zoning, Section 19.0, Planned Residential Develop-
ment -- PRO, of the Code of Alhemarle is hereby amended and reordained by
amending Section 19.3.2, as follows:
19.3.2
BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit,
provided that no separate application shall be required for any
such use as shall be included in the original PRD rezoning peti-
tion:
1. Day care, child care or nursery facility (reference 5.1.6).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or
similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substa-
tions and appurtenances (reference 5.1.12).
5. Home occupation, Class B (reference 5.2.).
6.
Churches.
(Added 9-2-81)
7. Parking structures located wholly or partly above grade.
(Added 11-7-84)
8. Swim, golf, tennis or similar athletic facilities (reference
5.1.16). (Added 9-13-89)
9.
Professional offices.
(Added 6-8-94)
* * * * *
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 June 8, 1994..
tlla t!{/ C {/AtJA
Clerk, Board of county~upervisors
..
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: Board of Supervisors
FROM: Ella W. Carey, Clerk, CMcg,J0
DATE: June 10, 1994
SUBJECT: Supplement No. 75 to the Zoning Ordinance
Attached is an amended sheet to be placed in your copy of the
Zoning Ordinance. This change was occasioned by the amendment
adopted on June 8, 1994, adding "Professional Offices" as a use by
special use permit in the planned residential development district.
EWC/len
cc: Robert W. Tucker, Jr. (1)
Richard Huff, II (1)
Larry W. Davis (3)
Water Resources Manager (1)
V. Wayne Cilimberg (12)
Amelia McCulley (15)
Clerk (3)
*
Printed on recycled paper
.
19.4
19.5
19.5.1
19.5.2
19.6
19.6.1
1. Day care, child care or nursery facility (reference
5.1.6).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage
or similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and
related towers; gas or oil transmission lines, pumping
stations and appurtenances; unmanned telephone exchange
centers; mIcro-wave and radio-wave transmission and
relay towers, substations and appurtenances (reference
5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Parking structures located wholly or partly above
grade. (Added 11-7-84)
8. Swim, golf, tennis or similar athletic facilities
(reference 5.1.16). (Added 9-13-89)
RESIDENTIAL DENSITIES
The gross and net residential densities permitted in any PRD
district shall be shown on the approved application plan
therefor, which shall be binding upon its approval. The
overall gross density so approved shall be determined by the
board of supervisors with reference to the comprehensive
plan, but shall, in no event, exceed thirty-five (35)
dwelling units per acre. In addition, the bonus and cluster
provisions of this ordinance shall be inapplicable to any
PRD except as herein otherwise expressly provided.
MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for the establishment of a PRD dis-
trict shall be three (3) acres.
Additional area may be added to an established PRD district
if it adjoins and forms a logical addition to the approved
development. The procedure for an addition shall be the
same as if an original application were filed, and all
requirements shall apply except the minimum acreage
requirement of section 19.5.1.
MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL
USES
Not less than twenty-five (25) percent of the area devoted
to residential use within any PRD shall be in common open
space except as hereinafter expressly provided. (Amended
9-13-89)
-132-
(Supp. #48, 9-13-89)
..
.
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
While Hall
Forrest R. Marshall, Jr.
Scottsville
Sally H. Thomas
Samuel Miller
MEMO TO: Board of Supervisors
Ella W. Carey, Clerk, cMcgJ0
DATE: June 10, 1994
FROM:
SUBJECT: Supplement No. 75 to the Zoning Ordinance
Attached is an amended sheet to be placed in your copy of the
Zoning Ordinance. This change was occasioned by the amendment
adopted on June 8, 1994, adding "Professional Offices" as a use by
special use permit in the planned residential development district.
.
EWC/len
cc: Robert W. Tucker, Jr. (1)
Richard Huff, II (1)
Larry W. Davis (3)
Water Resources Manager (1)
V. Wayne Cilimberg (12)
Amelia McCulley (15)
Clerk (3)
.
*
Printed on recycled paper
.:
.
.
.
19.4
19.5
19.5.1
19.5.2
19.6
19.6.1
1. Day care, child care or nursery facility (reference 5.1.6).
2.
Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing horne, convalescent home, orphanage or similar
institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related towers;
gas or oil transmission lines, pumping stations and appurtenances;
unmanned telephone exchange centers; mlcro-wave and radio-wave
transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6.
Churches.
(Added 9-2-81)
7. Parking structures located wholly or partly above grade. (Added 11-
7-84)
8. Swim, golf, tennis or similar athletic facilities (reference
5.1.16). (Added 9-13-89)
9.
Professional offices.
(Added 6-8-94)
RESIDENTIAL DENSITIES
The gross and net residential densities permitted in any PRD district
shall be shown on the approved application plan therefor, which shall be
binding upon its approval. The overall gross density so approved shall
be determined by the board of supervisors with reference to the
comprehensive plan, but shall, in no event, exceed thirty-five (35)
dwelling units per acre. In addition, the bonus and cluster provisions
of this ordinance shall be inapplicable to any PRD except as herein
otherwise expressly provided.
MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for the establishment of a PRO district shall be
three (3) acres.
Additional area may be added to an established PRD district if it adjoins
and forms a logical addition to the approved development. The procedure
for an addition shall be the same as if an original application were
filed, and all requirements shall apply except the minimum acreage
requirement of section 19.5.1.
MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES
Not less than twenty-five (25) percent of the area devoted to residential
use within any PRD shall be in common open space except as hereinafter
expressly provided. (Amended 9-13-89)
-132-
(Supp. #75, 6-8-94)
.,
...
.
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. Humphr;s
Jack Jouett
Walter F. Perkins
White Hall
Forrest R. Marshall. Jr.
$coltsvillie
Sally H. Thomas
Samuel Miller
MEMO TO: Board of Supervisors
FROM:
Ella W. Carey, Clerk, CMcgJ0
DATE: June 10, 1994
SOBJECT: Supplement No. 75 to the Zoning Ordinance
Attached is an amended sheet to be placed in your copy of the
zoning Ordinance. This change was occasioned by the amendment
adopted on June 8, 1994, adding "Professional Offices" as a use by
special use permit in the planned residential development district.
.
EWC/len
cc: Robert W. Tucker, Jr. (1)
Richard Huff, II (1)
Larry W. Davis (3)
Water Resources Manager (1)
v. Wayne Cilimberg (12)
Amelia McCulley (15)
Clerk (3)
.
*
Printed on recycled paper
.I
.
.
.
19.4
19.5
19.5.1
19.5.2
19.6
19.6.1
1. Day care, child care or nursery facility (reference 5.1.6).
2.
Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing horne, convalescent horne, orphanage or similar
institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related towers;
gas or oil transmission lines, pumping stations and appurtenances;
unmanned telephone exchange centers; mlcro-wave and radio-wave
transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Horne occupation, Class B (reference 5.2).
6.
Churches.
(Added 9-2-81)
7. Parking structures located wholly or partly above grade. (Added 11-
7-84)
8. Swim, golf, tennis or similar athletic facilities (reference
5.1.16) . (Added 9-13-89)
9.
Professional offices.
(Added 6-8-94)
RESIDENTIAL DENSITIES
The gross and net residential densities permitted in any PRD district
shall be shown on the approved application plan therefor, which shall be
binding upon its approval. The overall gross density so approved shall
be determined by the board of supervisors with reference to the
comprehensive plan, but shall, in no event, exceed thirty-five (35)
dwelling units per acre. In addition, the bonus and cluster provisions
of this ordinance shall be inapplicable to any PRD except as herein
otherwise expressly provided.
MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
Minimum area required for the establishment of a PRD district shall be
three (3) acres.
Additional area may be added to an established PRD district if it adjoins
and forms a logical addition to the approved development. The procedure
for an addition shall be the same as if an original application were
filed, and all requirements shall apply except the minimum acreage
requirement of section 19.5.1.
MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES
Not less than twenty-five (25) percent of the area devoted to residential
use within any PRD shall be in common open space except as hereinafter
expressly provided. (Amended 9-13-89)
-132-
(Supp. #75, 6-8-94)
I'
~":
...;
l..,., .0<..\
. " c
{- ::~-'
.t.. _ _._
9 i _0.k;S:.&~((9..i1-
:' '" t:8,
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
JlJN
MEMORANDUM
'"'...,----~:..<"
TO:
Albemarle County Board of Supervisors
V. Wayne Cilimberg, Director of Planning & Community DevelopmentjU)G
FROM:
DATE:
May 27, 1994
RE:
ZTA-94-02 Westgate Limited Partnership
The Albemarle County Planning Commission, at its meeting on May 24, 1994, unanimously
recommended amending Section 19.3.2 of the Zoning Ordinance as follows:
o Addition of professional offices as No.9 under Section 19.3.2.
Attached please find a staff report which was presented to the Planning Commission on May 24,
1994. If you have any questions, please do not hesitate to contact me.
VWC/jcw
ATTACHMENT
e.
.
.
I .
S~AFF PERSON:
P~ANNING COMMISSION:
BbARD OF SUPERVISORS:
WILLIAM D. FRITZ
MAY 24, 1994
JUNE 15, 1994
Z~A-94-02 WESTGATE
n&SCRIPTION OF REOUEST: Petition to amend the provisions of the
P~anned Residential District, Section 19.3.2 of the Zoning
O~dinance, to add by special use permit all uses permitted by
special use permit in the R-15 district under Section 18.2.2.
ORIGIN: Request by Westgate Limited Partnership
POBLIC PURPOSE TO BE SERVED: To broaden the uses permitted in
t~e PRD and provide conformity between the PRD, Planned
Residential Development and R-15, Residential districts.
S~AFF COMMENT:
Tne applicant has submitted the following justification for this
r~quest:
"Prior to the comprehensive rezoning of 1980, Albemarle
County had three residential classification, R-l, R-2 and
R-3. The primary purpose of the R-3 zone was to accommodate
multifamily housing, however, several other uses were
allowed in R-3, among them churches, schools, libraries and
offices by right and clubs, day nurseries, hospitals and
some retail by special use permit.
The current ordinance has a greater number of
classifications. Those most similar to the old R-3 are R-15
and PRD. When the new ordinance was adopted, the Westgate
Apartments were re-classified by the County as a PRD with
the existing configuration and, we understood, the use
becoming the de facto PRD plan.
The ordinance states that while the PRD designation can be
used for development of any density, it is recommended that
it be used for development in excess of fifteen dwelling
units per acre, i.e., more intensive than the R-15 zone. In
general, zones intended for more intensive usage allow more
varied development, but the current ordinance allows more
non-residential uses (including offices) in the R-15 zone
than it does in the PRD zone.
The requested change is based on the contention that the PRD
zone which allows more intensive development than R-15
1
e'
.
!.
should also allow more flexibility and a wider variety of
non-residential development, particularly given the fact
that the creation of a PRD zone requires public hearings and
review by the Planning Commission and Board of Supervisors
as well as review by staff."
urrently the PRD contains certain uses by special use permit
(Attachment A). All of these uses are also permitted by special
se permit in the R-15 district. Attachment B lists those uses
ermitted by special use permit in the R-15 district. The intent
f the PRD district as stated in Section 19.1 states in part:
"More specifically, the PRD is intended to promote
economical and efficient land use, an improved level of
amenities, appropriate and harmonious physical development,
and creative design consistent with the best interest o~ the
county and the area in which it is located.
To these ends, the PRD provides for flexibility and variety
of development for residential purposes and uses ancillary
thereto."
intent of the R-15 district as stated in Section 18.1 states
part "provides incentives for clustering of development and
ovision of locational, environmental and development
enities."
e special uses of the R-15 district provide for certain
mmercial uses which are compatible with or supportive of high
nsity residential development. As the PRD district is
ailable for any residential density, but in particular is the
commended zoning approach for all developments in excess of 15
elling units per acre, certain commercial uses may be warranted
some cases as is the case in the R-15 district.
S aff opinion is that replacing the existing PRD special uses
w'th the R-15 special uses will permit appropriate review of the
r quest and allow for the provision of appropriate support
s rvices on a case-by-case basis. Staff recommends the deletion
o all uses currently listed under Section 19.3.2 and the
a dition of the following:
.3.2 BY SPECIAL USE PERMIT
e following uses shall be permitted only by special use permit,
ovided that no separate application shall be required for any
ch use as shall be included in the original PRD rezoning
tition.
1. Community center (reference 5.1.4).
2
e'
2.
"* 3.
"* 4.
"* 5.
"* 6.
"* 7.
"* 8.
"* 9.
.
"* 10.
"* 11.
"* 12.
"* 13.
"* 14.
"* 15.
"* 16.
* 17.
.
Clubs, lodges, civic, fraternal, patriotic (reference
5.1.2).
Fire and rescue squad stations (reference 5.1.9).
Swim, golf, tennis or similar athletic facilities
(reference 5.1.16).
Private schools.
Electrical power substations, transmission lines and
related towers; gas or oil transmission lines, pumping
stations and appurtenances; unmanned telephone exchange
centers; microwave and radio-wave transmission and
relay towers, substations and appurtenances (reference
5.1.12) .
Day care, child care or nursery facility (reference
5.1.6).
Mobile home subdivisions (reference 5.5).
Rest home, nursing home, convalescent home, orphanage
or similar institution (reference 5.1.13).
Hospitals.
Professional offices.
Retail stores and shops ona single floor, compatible
with the residential characteristics of the district,
with a gross floor area not exceeding four thousand
(4,000) square feet.
Home occupation, Class B (reference 5.2).
Churches. (Added 9-2-81)
Cemeteries. (Added 9-2-81)
Parking structures located wholly or partly above
grade. (Added 11-7-84)
Mobile home parks (reference 5.3). (Added 3-5-86)
3
e 19.3.
.
.
PRO DtSTRICT
BY SPECIAL USE PERMIT
I ATTACHMENT AL
The ~ollowing uses shall be pe~mitted only by special use permit,
prov~ded that no separate appl~cation'shall be required for any
such use as shall be included in the original PRO rezoning
petition:
1. Day care, child care or nursery facility (reference
5.1.6).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home,' convalescent home, orphanage
or similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and
related towers; gas or oil transmission lines, pumping
stations and appurtenances; unmanned telepnone exchange
centers; mlcro-wave and radio-wave transmission and
relay towers, substations and appurtenances (reference
5.1.12).
5. Horne occupation, Class B (reference 5.2).
6.
7.
Churches. . (Added 9-2-81)
Parking structures located wholly or partly above
grade. (Added 11-7-84)
8. Swim, golf, tennis or similar athletic facilities
(reference 5.1.16). (Added 9-13-89)
e'
.
.
18.2.2
R-'15 DISTRICT'
BY SPECIAL USE PERMIT
~TTACHMENT B L
The following uses shall be permitted 'only by special use permit
approved by the board of supervisors pursuant to section 31.2.4:
1. Community center (reference 5.1.4).
2. Clubs, lodges, civic, ~raternal, patriotic (reference
5.1.2) .
3. Fire and rescue squad stations (reference 5.1.9).
4. swim, golf, tennis or similar athletic facilities (referen<
5.1.16).
5. Private schdols.
6. Electrical power substations, transmission lines and relatl
towers; gas or oil transmission lines, pumping stations an<
appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substa-
tions and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.6)
8.
Mobile home subdivisions (reference 5.5).
Rest home, nursing home, convalescent home, orphanage or
similar institution (reference 5.1.13).
10. Hospitals.
'9.
11. Professional offices.
12. Retail stores and shops on a single floor, compatible with the
residential characteristics of the district, with a gross floor
area not exceeding four thousand (4,000) square feet.
13. Home occupation. Class B (reference 5.2).
14.
I
(Added 9-2-81)
Churches.
15.
(Added 9-2-81)
Cemeteries.
16. Parking structures located wholly or partly above grade. (Added
11-7-84)
17. Mobile home parks (reference 5.3). (Added 3-5-86)
.,----
.
GREAT EASTERN MANAGEMENT COMPANY.
POST OFFICE Box ~~2e
CHARLOTTESVILLE_ VIRGINIA 2290~-O~2e
GENERAL OFFICE
PROPERTY MANAGEMENT
TELECOPIER
(804) 296-4141
(804) 296'4109
(804) 293-5197
MAY'
VIA FACSIMILE
Ap r i I 25, 1994
RECEIVED
Amelia McCulley
Zoning Administrator
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
i~rH ~ b 1994
Planning Dept.
Re: ZTA-94-02,
Dear A elia:
In accordance with conversations with Staff and Bill Fritz's
letter of April 15, 1994 we hereby request that our application
for the above zoning text amendment be modified to simply call
for ad ing to the PRD district by special use permit those uses
currently permitted by special use permit in the R-lS district.
king questions of staff while considering this change, we
on another possible solution to our problem. The
ordina ce does not allow offices by right in the R-lS zone, but
we realized that property zoned R-1S is usually rental and that
rental offices, maintenance shops, etc. are commonly found on
such properties. We wondered why offices are not by right uses
in R-15, and if special use permits had commonly been requested
and ap roved for such uses. Ron Keeler advised that such offices
are un erstood to be a part of rental projects, and special use
permits have not been required.
y conversation with Ron, I checked the zoning ordinance
nd that "Accessory uses and buildings. ." are allowed
t in R-15 and "Accessory uses and structures ." are
by right in the PRD zone. The ordinance definition for
"Acces ory Use" is "A subordinate use incidental to .
the main use. " In the case of Westgate, the main use is
provid-ng rental housing. Therefore, accessory uses are uses
incide tal to providing rental housing, i.e., running the
busine s. Certainly these uses must include showing for lease,
collecting rent, and construction and maintenance of the property
as well as finance and property administration necessary in
connection with the dwelling units located within the PRD.
"
n short, the subordinate uses incidental to the main use of
estgate is what Great Eastern Management is doing as the
anaging agent for Westgate in the offices in question. Although
reat Eastern personnel in these offices perform some management
unctions for other properties, everyone who works in these
ffices spends ~ portion of their time workinq directly on
est ate matters.
e and staff are agreed that at worst Great Eastern's offices in
estgate are grandfathered from the original R-3 zoning under
hich the first three phases of the project were built. Two
eeks ago, however, we dropped our request for a ruling from the
ZA, acting on advice from staff that we were asking for a use
hich was not allowed under current PRD zoning, and that the BZA
id not have authority to grant such a use. After today's
iscussions and research, we believe that Great Eastern's offices
re by right as Accessory Uses under the current ordinance, and
f staff does not agree with our understanding we at least have a
egitimate question to bring before the BZA. We want to explore
his further with you and with Larry Davis, with the possibility
f re-applying for a BZA ruling.
his discussion has now been going on for over two months, and to
eep active as many avenues to resolution as possible we have
equested the modification to ZTA-94-02 as stated above and
nclose herewith an application for a special use permit to allow
xpansion of Great Eastern's office at Westgate. This is being
one this date in order to meet today's submission deadline for a
pecial use permit application and in order to permit it to go
hrough the approval process as the same time as ZTA-94-02. The
ee for this application is $780.00 and a check in that amount is
nclosed. As with the $615.00 fee for the ZTA, this payment is
eing tendered with the request that it be refunded. As we
tated with the ZTA, we do not think it appropriate that we be
equired to pay to ask the County to consider what we believe to
ave been an oversight in the change-over from the old to the
"new" Zoning Ordinance, and we ask that in reviewing our request
or both the text amendment and the special use permit that you
dvise the Board of our request that the fees be refunded.
Very truly yours,
Donald J. Wagner
riginal and cc's follow by hand
c: L. Davis, Esq.
R. Keeler
W.Fritz'
ncl.
ta9402b.wg djw/ws/c
.........
....
ALTERNATIVE I
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, ZONING, SECTION
19.0, PLANNED RESIDENTIAL DEVELOPMENT -- PRD, 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 20, Zoning, Section 19.0,
Planned Residential Development -- PRD, is hereby amended and
reordained by amending section 19.3.2, as follows:
19.3.2
BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit,
provided that no separate application shall be required for any
such use as shall be included in the original PRD rezoning
petition:
1. Day care, child care or nursery facility (reference 5.1.6).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or
similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12)
5. Home occupation, Class B (reference 5.2.).
6.
Churches.
(Added 9-2-81)
7. Parking structures located wholly or partly above grade.
(Added 11-7-84)
8. Swim, golf, tennis or similar athletic facilities (reference
5.1.16). (Added 9-13-89)
..-'
1-
~ Professional offices.
10. Community center (reference 5.1.4).
11. Clubs, lodGes, civic, fraternal, patriotic (reference
5.1.2) .
~ Private schools.
13. Mobile home subdivisions (reference 5.5).
14. Hospitals.
15. Retail stores and shops on a sinGle floor, compatible with
the residential characteristics of the district, with a
Gross floor area not exceedinG four thousand ($4,000) sauare
feet.
16. Cemeteries.
(Added 9-2-81)
17. Mobile home parks (reference 5.3)
(Added 3 - 5 - 86)
1932.WPD
2
ALTERNATIVE II
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, ZONING, SECTION
119.0, PLANNED RESIDENTIAL DEVELOPMENT -- PRD, OF THE CODE OF THE
CbUNTY OF ALBEMARLE, VIRGINIA.
BB IT ORDAINED By the Board of Supervisors of the County of
A~bemarle, Virginia, that Chapter 20, Zoning, Section 19.0,
P~anned Residential Development -- PRD, is hereby amended and
r~ordained by amending section 19.3.2, as follows:
19.3.2
BY SPECIAL USE PERMIT
Tlhe following uses shall be permitted only by special use pE~rmit,
p~ovided that no separate application shall be required for any
such use as shall be included in the original PRD rezoning
p,=tition:
1. Day care, child care or nursery facility (reference 5.1.6).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or
similar institution (reference 5.1.13).
4. Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12)
5. Home occupation, Class B (reference 5.2.).
6.
Churches.
(Added 9-2-81)
7. Parking structures located wholly or partly above grade.
(Added 11-7-84)
8. Swim, golf, tennis or similar athletic facilities (reference
5 . 1 . 16) . (Added 9 -13 - 89 )
=~ Professional offices.
1 32.WPD
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94 C0(~>' 'It?)
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p; ~. ~ l' j> '_i '.. ;'_i I.D
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virgmia 22902.4596
(R04) 2%5823 JUN
J ne 1, 1994
W stgate Limited Partnership
A TN: Donald J. Wagner
P. O. Box 5526
C ar1ottesville, VA 22905
SP-94-18 Westgate Limited Partnership
Mr. Wagner:
e Albemarle County Planning Commission, at its meeting on May
, 1994, unanimously recommended approval of the above-notE!d
quest to the Board of Supervisors. Please note that this
proval is subject to the following conditions:
1 Use shall be limited to 2619 and 2621 Hydraulic Road plus
addition shown on Attachment C, initaled 5/17/94 W.D.F.i
2 Addition shall be of similar facade to the existing
buildingi
3 Use shall be limited to property management services.
e Albemarle County Board of Supervisors will review this
quest and receive public comment at their June 8, 1994 meeting.
y new or additional information concerning the above-noted
quest must be submitted to the Clerk of the Board of
pervisors seven days prior to the scheduled meeting.
you have any questions, please do not hesitate to contact. me.
Amelia McCulley
Jo Higgins
Ella Carey
..
e
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
WILLIAM D. FRITZ
MAY 24, 1994
Jt.JNE 8, 1994
CSP-94-18) - WESTGATE LIMITED PARTNERSHIP
Petition: - Petition to allow expansion of office space in the
existing Westgate Apartment Complex (This use is proposed by ZTA-
94-02). Property, described as Tax Map 61, Parcel 42D, is
. located on the west side of Route 743 approximately 0.23 miles
north of the Route 743/Route 656 intersection in the Jack Jouett
Magisterial District.
Character of the Area: This is the location of Westgate
Apartments.
Al?PLICANT' S PROPOSAL:
.
The applicant currently operates property management services
from the site (Great Eastern Management). These management
services include Westgate Apartments as well as other local
commercial and residential properties. Other properties outside
of this area are also managed from this site. The applicant's
proposal is to expand the available office area by constructing
an addition to an existing unit until which would be convertible
to residential use. This will provide for additional work space
and may allow for additional full-time employees.
SUMMARY AND RECOMMENDATIONS:
Staff has reviewed this request for compliance with the
provisions of Section 31.2.4.1 of the Zoning Ordinance and
recommends approval.
PLANNING AND ZONING HISTORY
This property was rezoned from R-3, Residential to P.R.D. in the
comprehensive 1980 rezoning. This rezoning was to recognize the
existing land of development on site.
COMPREHENSIVE PLAN:
This site. is recommended for High Density Residential (10.01-34
du/acre) in Neighborhood One.
STAFF COMMENTS:
All comments assume approval of ZTA-94-02.
.
Staff will address each provision of Section 31.2.4.1 of the
Zoning Ordinance.
1
"
e
.
.
The Board of Supervisors hereby reserves unto itself the
right to issue all special use permits permitted hereunder.
Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors
that such use will not be of substantial detriment to
adjacent property.
T~e location of the proposed expansion is shown on Attachment C.
T~is location will not impact adjacent sites due to the existing
d~velopment. All impact will be internal to the site. The
proposed expansion will be similar in appearance to the existing
apartments. The interior layout is designed to allow conversion
o~ the site to an apartment should the office use be abandoned.
(~he existing office is currently in an area which could be
cpnverted to an apartment).
that the character of the district will not be changed
thereby,
T~is expansion will be similar in appearance to the existing
apartments. The office use will not be evident based on the
e~terior of the building.
and that such use will be in harmony with the purpose and
intent of the ordinance,
S aff has reviewed this request for compliance with the purpose
a~d intent of the ordinance as stated in Section 1.4, 1.5 and
1 6. No conflict with the purpose and intent of the ordinance
h~s been identified.
with the uses permitted by right in the district,
T~is use will not affect permitted uses. The area of expansion
c~n be converted to residential use.
with additional regulations provided in Section 5.0 of this
ordinance
SE~ction 5.0 contains no additional regulations.
and with the public health, safety and general welfare.
N<D conflict with the public health, safety and general welfare
Cc n be identified.
S Y:
TIe purpose of the expansion is to provide for additional working
slace for the existing property management service. This service
hcs been in existence for a number of years and staff is unaware
o any complaints. The nature of the existing and proposed
o fice area allows for easy conversion to residential use. Staff
2
e
.
.
.
is unable to identify any negative factors and recommends
a~proval of this request subject to the following conditions.
ElECOMMENDED CONDITIONS OF APPROVAL:
1. Use shall be limited to 2619 and 2621 Hydraulic Road plus
the addition shown on Attachment C, initialed 5/17/94 W.D.F.
2. Addition shall be of similar facade to the existing
building.
3. Use shall be limited to property management services.
-~--------------
A!I'TACHMENTS:
A - Location Map
B - Tax Map
C - Plan of Westgate
A \WESTGATE.WP
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
. i. . .-..... j-:~!:. '"'\"V
Vi _._."'_~ - 3-'; (I
--_...".;---~
AGENDA TITLE:
Crozet Crossing
AGENDA DATE:
June 8, 1994
ITEM HUMBER:
(N. Oi,o~', Ii-dS,/
(N, v &GJ, '106
INFORMATION:
ACTION: X
SUBJECT/PROPOSAL/REOUEST:
Crozet Crossing Recapture Plan and Housing
Trust Fund
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: X
REVIEWED BY:
/1 ~
{ur-
STAFF CO~ACT(S):
Mr. Tucker, Mr. Davis & Ms. Carruth
BACKGROUND:
The Crozet Crossing Housing Development project is complete, with the construction of 30
single-family units. Twenty-four of the units are occupied with the remainder scheduled
to close during the next several months. As previously presented to the Board, it has
been the intention to recapture certain of the funds invested in the project to create a
housing trust fund. The housing trust fund will be used for other affordable housing
projects within Albemarle County.
DISCUSSION:
Attached are the Recapture Plan and the Housing Trust Agreement which will implement the
housing trust fund. The Recapture Plan directs that a small portion of the proceeds from
current house sales be placed in a housing trust fund, with the majority of the funds to
come from future resale of the houses in Crozet Crossing.
The Housing Trust Agreement establishes the housing trust fund, which will be governed by
five trustees. The County will appoint two trustees, Charlottesville Housing Foundation
will ~ppoint two trustees and the Albemarle Housing Improvement Program will appoint one
trustee. The funds will be managed by the Department of Finance and staff support will
be provided by the Housing Coordinator.
RECOMMENDATION:
It is recommended that the Recapture Plan be approved and that the County Executive be
authorized to execute the Housing Trust Agreement.
.JUN
94.068
RECAPTURE PLAN FOR CROZET CROSSING
(REVISED)
MAY 24, 1994
I. Introduction
The Commonwealth of Virginia Department of Housing and Community
pevelopment ("DHCD"), the County of Albemarle, Virginia (the "County") and
Charlottesville Housing Foundation, a Virginia non-stock corporation ("CHF") have
~ooperated in the acquisition, site work, financing, construction and development of that
certain real property situated in the Community of Crozet, Albemarle County, Virginia,
~ommonly known as "Crozet Crossing," as more particularly described in Exhibit A,
~ttached hereto (the "Property"). The Crozet Crossing subdMsion consists of thirty (30)
newly constructed three and four bedroom single family residential dwellings being offered
~or sale to low-and-moderate income first time home buyers.
DHCD, the County and CHF have together invested in excess of $813,000 in the
~cquisition and development of the Property ("the Investment"). This Recapture Plan (the
'rPlan") describes the manner in which a portion of the Investment is to be (a) converted
~o non-interest bearing deferred loans which will enable low-and-moderate income
persons to purchase homes in Crozet Crossing, and then (b) recovered upon the resale
I
~f appreciated homes, with a portion of the recaptured Investment allocated through a
County-administered Housing Trust Fund (the "Fund") to support future affordable
~ousing projects in the County.
I. Source of Funds To Be Recaptured
A. $300,000 DHCD Community Development Block Grant
B. $331,500 Albemarle County Investment
C. $181,500+ CHF Investment and Project Development Costs
$813,000+ Total funds invested
1
The Investment has been or will be expended by CHF and/or the County in the
acquisition of the Property, the construction of the road, water and sewer infrastructure
:at Crozet Crossing, and other development expenses. A portion of the Investment will
be converted to non-interest bearing non-amortized deferred loans to initial purchasers
iof homes in Crozet Crossing (the "Deferred Loans"), in varying amounts, determined by
the difference between the principal amount of each purchaser's first lien conventional
mortgage and the sale price of the home, as adjusted for the purchaser's cash down
Ipayment and, in some instances, a second lien closing cost assistance loan from the
I
Virginia Housing Partnership Fund. The Deferred Loans will be evidenced by promissory
notes made by the initial purchasers at settlement, payable to the Fund and secured by
second or third lien deeds of trust on their respective lots. The Deferred Loans are
subject to the repayment and recapture provisions described in this Plan. A portion of
the Investment will be recovered by CHF as reimbursement for its reimbursable
development costs. Any balance of the Investment not represented by the Deferred
Loans or used to reimburse CHF will become the property of the Fund.
W. Objectives
A. To enable low-and-moderate income first-time home buyers to acquire
ownership of well-constructed energy efficient homes, with monthly payments of principal,
Interest, taxes and insurance ("P.I.T.I.") not exceeding 29% of the purchaser's gross
monthly family income.
,
2
B. To recover a portion of the $813,000+ Investment in Crozet Crossing, and
to recycle the recaptured Investment through the Fund to support future affordable
housing projects in the County.
C. To enable CHF to recover a portion of the Investment as reimbursement for
those project development costs incurred by CHF which have been determined by DHCD
and the County to be eligible for reimbursement.
IV. General Guidelines and Assumptions
A. As of the date of this revision of the Plan (May 24, 1994), the fair market
value of homes in Crozet Crossing, as Determined by independent appraisal, is as
follows:
4 bedroom homes: $87,600.00
3 bedroom homes: $84,700.00
B.
(1 )
It is anticipated that purchasers of homes in Crozet Crossing will pay
the cost of acquiring their respective homes with a combination of down payments, low-
interest conventional mortgages, closing cost loans, and Deferred Loans, as follows:
a. low interest conventional first lien deed of trust purchase
money loans offered by:
Virginia Housing Development Authority ('VHDA")
(5% interest amortized over 30 years); or
Virginia Housing Partnership Fund ('VHPF")
(3% interest amortized over 15 years); or
United States Department of Agriculture
Farmers Home Administration ("FmHA")
(3% interest amortized over 15 years); or
3
commercial lenders
b. VHPF second lien deed of trust loans for down payment and
Cl:losing costs, up to $2,500 per house (~k interest amortized over 15 years).
c. Deferred Loans, representing a portion of the Investment
allocated to indMdual homes, evidenced by promissory notes payable to the Fund and
Secured by second or third lien deeds of trust, depending on whether a VHPF down
payment loan is involved in the transaction.
(2) The Deferred Loans will not accrue interest on the outstanding
principal balance and will not require regular payments of principal. Instead, the Deferred
~oans will become fully due and payable when the initial purchasers re-sell their homes,
if such sale occurs within thirty (30) years of the date of settlement, or in the event of
default under the first or second lien deeds of trust.
,
(3) In addition to repaying the principal of the Deferred Loans upon
resale, the initial purchasers shall pay to the Fund a portion of any appreciation in the
value of their respective homes, as determined by the difference between the initial sale
price and the resale price of their homes. In the event that the resale price is less than
tpe initial sale price, because the transaction was not negotiated at arm's length (Le., a
r~sale to a family member or friend at less than fair market value), the resale value for
purposes of this Plan will be deemed to be the greater of the then-current County tax
assessment or the fair market value as determined by independent appraisal.
(4) The recapture provisions of the Plan set forth above are based upon
tlhe following assumptions:
4
a. the Fund, created by CHF and the County, should realize a
return on the Investment in Crozet Crossing
b. the purchasers should repay a portion of any appreciation
realized upon resale as the cost of borrowing the Deferred Loan funds, i.e. enjoying the
yalue of the Investment
c. the Deferred Loans should not create the possibility of negative
~mortization; instead, the cost to the purchasers of borrowing the Deferred Loan funds
should equal the interest that would be charged if the interest rate equaled the rate of
4ippreciation
d. homeowners should be permitted to realize for themselves a
$ubstantial portion of any appreciation in the value of their property upon resale, so that
~hey will be encouraged to maintain and improve their homes; however, the Plan should
discourage initial purchasers from selling their homes soon after purchase for a large
I
IProfit.
(5) The method of financing the purchase of homes in Crozet Crossing
~hould not limit the owners' ability to resell them in the future, nor should any element of
the Plan decrease the owners' future repayment ability. It is anticipated that most if not
all purchasers will utilize low-interest fixed rate loans for their conventional first lien
purchase money financing. However, the Plan does not preclude the possibility of
adjustable-rate first mortgages. A decision to make an adjustable-rate loan will rest with
the lender.
5
(6) The Plan does not require deed restrictions that place conditions on
future sales, as such conditions would have the potential to create title insurance
problems.
(7) The Plan should be consistent and fair, both to purchasers and to the
County and CHF. To the extent possible, the Plan should be clearly explained to and
accepted as fair by purchasers prior to their execution of the Deferred Loan notes and
deeds of trust.
V. Repayment of Deferred Loans
A. Computation of Repayment Amount:
(1) The amount due to the Fund upon resale, or any other event which
entitles the Fund to demand repayment of a Deferred Loan, shall be the sum of:
a. the full outstanding principal balance of the Deferred Loan, and
b. a percentage of the appreciation in value of the property
subject to a Deferred Loan deed of trust, computed as set forth hereinbelow (the
"Recaptured Appreciation").
(2) The percentage of appreciation which is subject to recapture upon
resale will be determined at the time of the initial purchase, and shall be set forth in the
!peferred Loan promissory note and deed of trust. This percentage is calculated by
dividing the principal amount of the Deferred Loan by the initial sale price. The resulting
fl)ercentage is referred to as the "Investment Factor".
(3) a. Upon resale or any other repayment event, the gross amount
of appreciation subject to recapture will be computed by subtracting the original sale price
6
from the resale price. In the event that the property is conveyed in a less-than arm's-
length transaction, the value upon resale shall be deemed to be the greater of the then-
current County tax assessment or the full fair market value as determined by independent
appraisal.
b. The value of improvements made by the owner will be
established from a variety of indicia including, but not limited to, County tax assessment
records, the owners' receipts for expenditures made on improvements to the property,
and other records of the type customarily relied upon in computing capital gains for
tederal income tax reporting purposes. For administrative convenience and record
keeping efficiency, owners may submit to the Fund evidence regarding the cost and value
of improvements which they make to their homes at the time such improvements are
completed, and request that the Fund establish and maintain records regarding the same
to assist in the subsequent determination of the appreciation subject to recapture. If an
owner does not provide the Fund with such information and evidence at the time
improvements are completed, the owner will be responsible for record keeping and will
have the burden of proving by clear and convincing evidence at the time of resale the
cost and value of any improvements made by the owner.
c. The value of the owners' improvements will be subtracted from
the gross appreciation to arrive at the adjusted appreciation. This adjusted appreciation
amount will then be multiplied by the Investment Factor to arrive at the Recaptured
Appreciation.
7
B. Rationale
(1) The repayment and recapture provisions described above avoid the
ccrual of unpaid interest on Deferred Loans. This approach protects purchasers from
he possibility of negative amortization, i.e. that the property will not appreciate enough
o pay accumulated interest at the time of resale.
(2) a.
This element of the Plan provides a return to the Fund in the
orm of shared appreciation.
b. This element of the Plan is fair to purchasers because those
ho receive large Deferred Loans will net less at the time they resell, while those who
ave been making larger mortgage payments will net more at the time of resale.
c. Subtracting the value of subsequent improvements from the
ross appreciation at the time of resale allows owners to realize the full benefit of
mprovements they make to their homes. This provides an incentive to owners to
aintain their property in good repair and to make improvements.
C. Circumstances under which Deferred Loans will be forgiven. reduced. or
become due:
(1) All Deferred Loans shall be forgiven at the end of thirty (30) years if
he initial purchaser has not resold the home within such time. A succession to
wnership by inheritance or testamentary devise shall not constitute a sale which will
equire repayment of a Deferred Loan, but a conveyance of any beneficial interest in the
roperty subject to a Deferred Loan deed of trust, even if the initial purchaser reserves
life estate in the property, shall constitute a sale which will trigger the "due on sale"
rovisions of the Deferred Loan deed of trust and require repayment to the Fund.
8
(2) Anticipation or prepayment of principal on the first mortgage shall not
reduce the amount or affect the terms of the Deferred Loan.
(3) a. Prepayments of principal only may be made, without penalty,
to reduce the balance of Deferred Loans. Homeowners will be requested, but not
required, to make such prepayments in increments of at least $500 to simplify the Fund's
bookkeeping.
b. In the event that the owner has made prepayments of principal,
the following method will be utilized to determine the repayment amount upon resale:
(i) the adjusted appreciation will be multiplied by the
Investment Factor to arrive at the Recaptured Appreciation amount
(ii) when the Recaptured Appreciation amount is known,
this variable will be used together with the (reduced) principal balance and the term of the
loan to determine the proper rate of return to the Fund. This rate will then be applied in
the same amortization formula customarily used to determine payoff amounts for fixed 30
year conventional loans.
(4) The Fund will not subordinate its second or third lien deed of trust to
a subsequent first lien deed of trust executed by an owner in connection with a
refinancing transaction. Accordingly, if an owner determines to refinance the initial
purchase money financing, the Deferred Loan will become due and payable, with the
Recaptured Appreciation to be computed based on the fair market value of the property
at the time of such refinancing, as determined by the independent appraisal customarily
required by conventional lenders in conjunction with refinancing transactions.
9
(5) Any event that constitutes a default or triggers a due-on-sale clause
in the first lien deed of trust will automatically constitute a default or trigger the due-on-
sale clause in the third lien deed of trust securing the Deferred Loan.
(6) In the event that an owner is forced to sell under circumstances which
would result in a net loss to the owner upon repayment of the entire Deferred Loan in an
arm's length transaction, the Fund shall have the right to forgive a portion of the Deferred
loan in order to avoid such net loss to the owner. The decision to forgive any portion
of a Deferred Loan in order to reduce or eliminate a net loss upon resale shall rest in the
sole discretion of the Fund's Trustees, who may require the owner to establish by clear
and convincing evidence that circumstances exist which would make it appropriate to do
so.
VI. Settlement: Cash At Closing
A. Settlement Procedure
At the time of settlement on the sale of indMdual homes in Crozet Crossing, the
settlement attorney will receive funds from VHDA, VHPF, FmHA or other lenders,
$presenting the proceeds of the purchasers' conventional first mortgage loan and the
VHPF closing costs/down payment second mortgage loan. The purchasers will also
deliver the balance of their own cash down payment to the settlement attorney at closing.
The settlement attorney will be responsible for preparation of all closing and loan
documents, and for computing the financial transaction between CHF ("Seller") and the
individual purchaser(s), which information will be set forth on the HUD-1 Settlement
Statement. The settlement attorney will also be responsible for disbursing payment of all
10
closing costs, such as recording taxes and fees, title and homeowners insurance
premiums, sUNey costs, lenders' fees, escrow deposits, prepaid interest, and so forth.
The purchaser(s) will execute at settlement all documents required to evidence and
secure payment of the first and second mortgages and the Deferred Loan, as well as the
HUD-1 Settlement Statement and all other loan documents required to be executed at
closing by VHDA, VHPA, FmHA and the Fund. The settlement attorney will deliver to the
Fund at each closing the executed original of the promissory note evidencing the Deferred
Loan, along with a copy teste of the deed of trust securing the Deferred Loan, the Clerk's
official recording receipt from the recordation of said deed of trust, and all other Deferred
Loan or closing documents required by the Fund.
B. Net Cash from Closings to Payoff Construction Loan: Escrow of Remainder:
(1) After making all adjustments and prorations between Seller and
purchaser and disbursing payment of all settlement charges, the settlement attorney will
deliver the balance of cash due Seller at closing, as shown on line 603 of the HUD-1
Settlement Statement, directly to VHDA as a payment to reduce the outstanding balance
of the VHDA construction loan which is currently secured by a first lien deed of trust on
all lots within Crozet Crossing (the "Construction Loan"). The settlement attorney will
obtain from VHDA and any other lienholders a Certificate of Partial Satisfaction releasing
the lien of the Construction Loan deed of trust and any other liens as to that particular lot
which is conveyed by CHF to the purchaser at settlement.
(2) For as long as any amounts remain outstanding and unpaid on the
Construction Loan, all cash due Seller at closing, as shown on line 603 of the HUD-1
11
Settlement Statement, will be paid directly to VHDA to reduce the balance of the
Construction Loan and obtain releases on the indMdual lots being conveyed at each
closing. All cash due Seller at closing(s) which is not consumed in retiring the
Construction Loan and obtaining the full and complete release of the Construction Loan
deed of trust shall be placed in an escrow account to be established by CHF and/or the
settlement attorney (the "Escrow").
C. Disbursement from Escrow: Reimbursement of Expenses to CHF: Balance to
the Fund
(1) The escrow will be kept open to receive and disburse the net
proceeds of sales until all the houses in Crozet Crossing have been sold. However,
disbursements from Escrow may be made before all houses are sold, provided that: (a)
all construction and site work has been completed and fully paid for, with properly
executed mechanics' and materialmens' lien waivers having been received; (b) a
Certificate of Satisfaction has been properly recorded evidencing the full and complete
satisfaction and release of the VHDA Construction Loan deed of trust; and (c) the Crozet
Crossing Program Income Plan has been submitted to and accepted by DHCD.
(2) When the conditions set forth above have been met, funds held in
qscrow may be disbursed to satisfy the claims of any other lienholders and to reimburse
CHF for those project costs incurred by CHF which have been determined by the County
and DHCD to be eligible and appropriate for reimbursement. The County and DHCD
have agreed and acknowledged that CHF is entitled to be fully reimbursed for its costs
and expenses incurred in the development and construction of Crozet Crossing as set
12
"
forth on the attached Exhibit B and such additional costs and expenses as may be
agreed upon by all parties hereto.
Escrow funds may be disbursed to CHF as reimbursement for such items as soon
as such funds are available, provided the abovestated conditions have been met and this
Recapture Plan and the documents establishing the Fund have been approved by all
parties.
(3) After CHF has been fully reimbursed for all of its eligible development
expenses, any funds remaining in Escrow shall be delivered to and become the property
of the Fund.
(4) When all houses have been sold and all of the net cash proceeds of
sales have been disbursed to CHF and the Fund as aforesaid, the Escrow account shall
be closed.
(5) Notwithstanding the above, CHF agrees that $5,000.00 of the Escrow
funds shall be paid to and become the property of the Fund, even if the Escrow funds are
insufficient to fully reimburse CHF all of its allowed costs following the final sale. CHF
shall not be paid the remaining balance of any reimbursable expenses, and any obligation
by any party for such reimbursement shall be extinguished.
VII. Crozet Crossing Housing Trust Fund
A. The County, in cooperation with CHF and AHIP, has established the Crozet
Crossing Housing Trust Fund (the "Fund") to collect, hold, invest, manage and distribute
all proceeds from the Deferred Loans in accordance with the terms of the Fund. The
13
Agreement between the County, CHF and AHIP creating the Fund is attached hereto and
submitted herewith as a part of the Crozet Crossing Program Income Plan.
Recaptured funds from the Deferred Loans are "program income", as defined by
DHCD and the terms and provisions of the Community Development Block Grant
("CDBG") which was a component of the Investment in Crozet Crossing. As such, the
management of such funds is the responsibility of Albemarle County, and is subject to
monitoring by DHCD. The County shall determine whether the Fund will be managed by
the County's own Department of Finance, by another department within the County, or
by an outside firm or indMdual.
It is anticipated that the County will manage the investment of the Fund itself,
~hrough its own Department of Finance. However, the County may elect to delegate the
lll1anagement of the fund by contract with a competitively procured outside investment
firm, provided that adequate internal controls are established and compliance with such
controls is monitored.
B. The assets of the Fund will be distributed exclusively to support and benefit
housing programs in Albemarle County which are designed to serve persons of low-and-
moderate income as defined by HUD Section 8 rules and regulations ("affordable housing
programs"). Such programs must be designed to insure that moderate-income persons
and households cannot be benefited to the exclusion of low-income persons and
households.
Affordable housing programs, whether now in existence or created subsequent to
the establishment of the Fund, will be selected as beneficiaries of Fund assets by the
14
Fund's Board of Trustees (the "Trustees"). The Trustees will have no responsibility
regarding the investment and management of Fund assets; such responsibility will rest
entirely with the County. The Trustees will have the responsibility and authority to identify
and select the affordable housing programs which will be the beneficiaries of the Fund's
assets. The Trustees will determine the timing, amounts, terms and conditions of
distributions of Fund assets to such beneficiaries.
Within the strict requirement that Fund assets shall be used exclusively to address
the housing needs of low-and-moderate income persons, and cannot be used to benefit
moderate-income persons to the exclusion of low-income persons, the Trustees shall
have broad discretion to make grants or loans of Fund assets to diverse and innovative
housing programs, and to pursue in the future housing strategies which have yet to be
identified. Some potential uses of Fund assets are as follows:
1. Downpayment and closing costs assistance for new or
existing homes.
2. Scattered site housing.
3. Self-help housing.
4. Housing actMties to benefit elderly and/or
disabled people (similar to the Scottsville
School Apartments and the Meadows and Meadowlands
developments).
5. Matching funds for a subdMsion similar to Crozet
Crossing.
6. Home ownership education.
7. Rehabilitation programs.
15
This Recapture Plan is adopted jointly by the County, CHF and AHIP, and accepted
by DHCD, as a part of the Crozet Crossing Program Income Plan, as of the last date of
the signatures affixed hereinbelow on behalf of the participating entities.
COUNTY OF ALBEMARLE, VIRGINIA
Date
By
CHARLOTTESVILLE HOUSING FOUNDATION
Date
By
ALBEMARLE HOUSING IMPROVEMENT
PROGRAM
Date
By
ACCEPTED BY:
COMMONWEALTH OF VIRGINIA DEPART-
MENT OF HOUSING AND COMMUNITY
DEVELOPMENT
Date
By
Vrel3.4110S2494J A:\CR02ETCA.PLN
16
EXHIBIT A
All those certain lots or parcels of land, together with the
improvements thereon and appurtenances thereunto belonging,
situated on Cling Lane in the Community of Crozet, White Hall
District of Albemarle County, Virginia, designated as Phase 1, Crozet
Crossing, as shown on a plat of subdivision prepared by Roudabush,
Gale & Assoc., Inc., C.L.S., dated November 6, 1991, last revised June
11, 1992, and recorded in the Clerk's Office of the Circuit Court of
the County of Albemarle, virginia in Deed Book 1255, pages 413-414.
94P&Z077.OOS
t
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Melvin Breeden
-K7 )/~
Ella W. Carey, Clerk, CMC t,Lt. ~
June 6, 1994
FY 1994-95 Capital Improvement Program Ordinance
At its meeting on June 1, 1994, the Board of Supervisors adopted the attached
appropriation ordinance.
EWC/jng
FORMS\CIPORD.MEM
cc: Robert Tucker
Roxanne White
Al Waugaman
F red Kruger
Susan McLeod
Deborah DiCroce
L.A. Reaser
Wayne Campagna
John Hood
Wayne Cilimberg
Donna Selle
Carole Hastings
Richard Huff
Larry Davis
James Heilman
Bruce W oodzell
Al Tumminia
Robert Paskel
John Miller
Carl Pumphrey
Jo Higgins
Amelia McCulley
Pat Mullaney
AN ORD
expend
PROG
provis
approp
confli
ordina
ALB
F
the su
($483,
apport
F
millio
dollar
Improv
COUNTY OF ALBEMARLE
ANNUAL APPROPRIATION ORDINANCE
CAPITAL IMPROVEMENTS PROGRAM
FOR THE FISCAL YEAR ENDING JUNE 30, 1995
NANCE making appropriations of sums of money for all necessary
tures of the COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS
for the fiscal year ending June 30, 1995; to prescribe the
s, terms, conditions and provisions with respect to the items of
iation and their payment; and to repeal all ordinances wholly in
t with this ordinance and all ordinances inconsistent with this
ce to the extent of such inconsistency.
IT ORDAINED by the Board of County Supervisors of the COUNTY OF
LE, VIRGINIA:
SECTION I - CAPITAL IMPROVEMENTS FUND
at the following sums of money be and the same hereby are appro-
for the purposes herein specified for the fiscal year ending
, 1995:
PARAGRAPH ONE - ADMINISTRATION AND COURTS
r the current expenses of the function of ADMINISTRATION AND COURTS,
of four hundred eighty-three thousand, five dollars and no cents
05) is appropriated from the capital Improvements Fund to be
oned as follows:
1
2
3
4
5
6
Albemarle County Ofc. Bldg. ADA Renovations
Replacement of Voting Machines
County Computer Upgrade
Real Estate Appraisal System
Health Department Clinic Wing
Jail ADA Compliance
55,630
109,000
65,000
100,000
118,125
35,250
$
PARAGRAPH TWO - EDUCATION
r the current
, one hundred
and no cents
ments Fund to
expenses of the function of EDUCATION, the sum of
seventy-seven thousand, five hundred sixty-five
($1,177,565) is appropriated from the Capital
be apportioned as follows:
one
1
2
3
4
5
6
7
8
9
10
PVCC - Humanities & Soc. Science Bldg.
Emergency stop Switches
Stone-Robinson Renovations
Vehicular Maintenance Reconfiguration
Western Albemarle Crossing
ADA Structural Changes
Contaminated Soil Removal/Monitoring
Energy Maintenance Management System
Instructional Technology
Waterline Improvements
62,335
18,000
25,000
324,900
120,000
200,830
95,000
59,000
150,000
122,500
$
PARAGRAPH THREE - FIRE, RESCUE AND SAFETY
F r the current expenses of the function of FIRE, RESCUE AND SAFETY,
the su of three hundred forty-one thousand, twenty dollars and no cents
- ($341,020) is appropriated from the Capital Improvements Fund to be
apportioned as follows:
1. Police Satellite Receiver
2. Enhanced 911 Building Locator
3. Fire Building/Equipment Fund
PARAGRAPH FOUR - HIGHWAYS AND TRANSPORTATION
$
109,000
82,020
150,000
Fer the current expenses of the function of HIGHWAYS AND
TRANSPCRTATION the sum of five hundred seventy-seven thousand, seven
hundrec fifty dollars and no cents ($577,750) is appropriated from the
Capita~ Improvements Fund to be apportioned as follows:
1. st. Ives Road Cul-de-Sac
2. Revenue Sharing Road Projects
3. Hydraulic/Rio Road Bike Path & Sidewalk
4. Old Brook Asphalt Sidewalk
5. Landscaping Route 250 East
PARAGRAPH FIVE - LIBRARIES
$
7,100
500,000
43,000
15,250
12,400
Fer the current expenses of the function of LIBRARIES, the sum of
ninety-seven thousand, five hundred dollars and no cents ($97,500) is
approp!iated from the Capital Improvements Fund to be apportioned as
follows:
1. HVAC Central Library
2. Replace Carpet Central Library
PARAGRAPH SIX - PARKS AND RECREATION
$
77,500
20,000
Fer the current expenses of the function of PARKS AND RECREATION, the
sum of three hundred fourteen thousand, eight hundred dollars and no cents
($314,~00) is appropriated from the Capital Improvements Fund to be
apport.oned as follows:
1. ADA Compliance - Parks & Recreation Facilities
2. ADA Compliance - On School Grounds
3. Crozet Park - Building & Grounds Improvements
4. scottsville Center Outdoor Rec. Improvements
5. Greenwood Community Center Improvements
6. Hollymead Outdoor Rec. Improvements
7. Walton Tennis Court Resurfacing
8. Jouett Tennis Court Resurfacing
9. Cale Outdoor Basketball Court
SUMMARY
Total CAPITAL IMPROVEMENTS FUND appropriations for
fiscal year ending June 30, 1995:
To be J:rovided as follows:
General Fund Transfer
C1P Fund Balance
$
86,450
96,250
10,000
20,400
15,000
51,500
12,400
12,400
10,400
$ 2.991,640
$ 1,360,000
682,920
G neral Fund Fund Balance
F're/Rescue Payments
E911 Centel Reimbursement
B rrowed Funds
I terest
200,000
21,800
82,020
444,900
200,000
Total CAPITAL IMPROVEMENTS FUND resources available
for fiscal year ending June 30, 1995
$ 2.991. 640
SECTION II - STORMWATER/UTILITIES FUND
the following sums of money be and the
approp iated for stormwater and utility improvement
specif.ed for the fiscal year ending June 30, 1995:
same hereby are
purposes herein
PARAGRAPH ONE - STORMWATER/UTILITIES IMPROVEMENTS
F
IMPROV
dollar
Stormw
r the current expenses of the function of UTILITIES/STORMWATER
ENTS the sum of two hundred thirty-six thousand, eight hundred ten
and no cents ($236,810) is appropriated from the
ter/Utilities Fund to be apportioned as follows:
1. Peyton Drive Detention Basin
2. County Master Drainage Plan
3. Ricky Road Drainage
$
145,515
60,000
31,295
SUMMARY
Total TORMWATER/UTILITIES FUND appropriations for
fiscal year ending June 30, 1995:
$
236.810
To be rovided as follows:
S ormwater utilities Fund Balance
$
236,810
Total STORMWATER/UTILITIES FUND resources available
for fiscal year ending June 30, 1995 $
236.810
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I AND II IN THIS ORDINANCE FOR THE
FISCAL YEAR ENDING JUNE 30, 1995:
RECAPITULATION
S ction I Capital Improvements Fund
Section II Stormwater/Utilities Fund
$ 2,991,640
236.810
GRAND TOTAL
$ 3.228.450
B
rized
monies
approp
approp
IT FURTHER ORDAINED that the Director of Finance
o transfer monies from one fund to
become available, sums equal to,
iations made to these funds for
iation ordinance.
another, from
but not in
the period
is hereby autho-
time to time as
excess of, the
covered by this
SECTION III
monies appropriated as shown by the contained items in
sectio s I and II are appropriated upon the provisos, terms, conditions,
and pr visions herein before set forth in connection with said terms and
those et forth in this section.
Paragraph One
S bject to the qualifications in this ordinance contained, all appro-
priati ns made out of the CAPITAL IMPROVEMENTS PROGRAM and the
STORMW TER/UTILITIES IMPROVEMENTS PROGRAM, are declared to be maximum,
condit.onal and proportionate appropriations--the purpose being to make the
approp iations payable in full in the amount named herein if necessary and
then 0 ly in the event the aggregate revenues collected and available
during the fiscal year for which the appropriations are made are sufficient
to pay all of the appropriations in full.
the said a ro riations shall be deemed to be a able in such
as the total sum of all realized revenue of the res ective funds
is to
total amount of revenue estimated to be available in the said
the Board of Su ervisors.
Paragraph Two
A 1 revenue received by any agency under the control of the Board of
Superv.sors included in its estimate of revenue for the financing of the
fund b dget as submitted to the Board of supervisors may not be expended by
the sa.d agency under the control of the Board of Supervisors without the
consen of the Board of Supervisors being first obtained. Nor may any of
these gencies or boards make expenditures which will exceed a specific
item 0 an appropriation or make transfers between specific items of
approp iation without the consent of the Director of Finance being first
obtain d.
Paragraph Three
N obligations for goods, materials, supplies, equipment or contrac-
tual s rvices for any purpose may be incurred by any department, bureau,
agency, or individual under the direct control of the Board of Supervisors
except by requisition to the purchasing agent; provided, however, no
requisition for contractual services--such as communications" travel,
, express--and membership fees and subscriptions shall be required;
and pr vided further that no requisition for contractual services involving
the is uance of a contract on a competitive bid basis shall be required,
but su h contract shall be approved by the head of the contracting depart-
ment, ureau, agency, or individual and the Purchasing Agent or Director of
Financ. The Purchasing Agent shall be responsible for securing such
compet.tive bids on the basis of specification furnished by the contracting
depart ent, bureau, agency or individual.
I the event of the failure for any reason of approval herein required
for su h contracts, said contract shall be awarded through appropriate
action of the Board of Supervisors.
ations incurred contrar to the urchasin
rocedures re-
Albemarle Count purchasin Manual shall not be considered
the Count
and the Director of Finance shall not issue an
ent of such obli ations.
Paragraph Four
A lowances out of any of the appropriations made in this ordinance by
any or all County departments, bureaus, or agencies under the control of
the Bo rd of Supervisors to any of their officers and employees for expense
on acc unt of the use of such off icers and employees of their personal
automo iles in the discharge of their official duties shall be paid at the
same r te as that established by the State of Virginia for its employees
and sh 11 be subject to change from time to time to maintain like rates.
Paragraph Five
to
1 travel expense accounts shall be submitted on forms and according
lations prescribed or approved by the Director of Finance.
Paragraph Six
1 ordinances and parts of ordinances inconsistent wi th the pro-
of this ordinance shall be and the same are hereby repealed.
Paragraph Seven
and
is ordinance shall become effective on July first, nineteen hundred
ety-four.
COUNTY OF ALBEMARLE
ff;~A
g: ,
'-",',1 ':'",' I.,r:-, r.'- rJO,t\,"lD ""',!-t',.:
'''''-1'''.'' ',-. c ~
c, ~-t-l.j"-j- 7-. 7 . .
MRf '- ,j
EXECUTIVE SUMMARY
AGENDA DATE:
June 1, 1994
ITE NUMBER:
iL .{f ('{ '5:-()
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes (3)
---r'"
: Mr. Tucker, MS.White
REVIEWED BY:
BACKGROU D:
Attached for your approval is the Appropriation Ordinance for the FY 1994-95 Capital Improvement Program budget
that was app oved by the Board on March 2, 1994. The Ordinance appropriates a total of$3,228,450 in funding for
capital projefts in fiscal year 1994-95 in the following categories:
i APPROVED EXPENDITURES
I
I
I FY 1994-95 Approved Capital Expenditures
I
!
Administration and Courts
Education
Fire/Rescue/Safety
Highways and Transportation
Libraries
Parks and Recreation
CIP Fund Subtotal
483,005
1,177,565
341,020
577,750
97,500
314,800
$2,991,640
Stormwater/Utility Fund
236,810
Total Capital Projects
$3,228,450
,
!
Resources f~r the FY 1994-95 Capital Budget come from the following sources;,
FY 1994-95 Capital Project Revenues
General Fund Transfer
CIP Fund Balance
General Fund Balance
Fire/Rescue Payment
E911 Centel Reimbursement
Borrowed Funds (VPSA)
Interest
Stormwater Fund Balance
1,360,000
682,920
200,000
21,800
82,020
444,900
200,000
236,810
Total Capital Project Revenues
$3,228,450
I
!
RECOMMEN~A TION:
Staffrecomn/lends approval of the FY 1994-95 Capital Improvement Program Appropriation Ordinarlce.
94.066 I
,
AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE,
THE CHARLOTTESVILLE HOUSING FOUNDATION, AND THE
ALBEMARLE HOUSING IMPROVEMENT PROGRAM
TO CREATE THE CROZET CROSSING HOUSING TRUST FUND
WHEREAS, the County of Albemarle, a political subdivision of the
Commonweal th of Virginia, ("the County") , the
Charlottesville Housing Foundation, a Virginia non-stock
corporation ("CHF") , and the Albemarle Housing
Improvement Program, a Virginia non-stock corporation
("AHIP") have cooperated in conjunction with the
Commonwealth of Virginia Department of Housing and
Community Development ("DHCD") in a project known as
"Crozet Crossing"; and
WHEREAS, DHCD, the County, and CHF have invested in excess of
$813,000 ("The Investment") in the acquisition and
development of Crozet Crossing to provide affordable
housing for low-and-moderate income persons; and
WHEREAS, the County and CHF proffered that a condition of the DHCD
Communi ty Development Block Grant would be the
implementation of the Recapture Plan for Crozet Crossing
("Recapture Plan") to recover a portion of the
investment, such portion being designated as Program
f
Income, from the sale and first resale of homes in Crozet
Crossing; and
WHEREAS, a condition of the DHCD Community Development Block Grant
and the Recapture Plan is that the Program Income shall
be used only for housing projects which benefit low-and-
moderate income households; and
WHEREAS, to meet the requirements of DHCD and the terms and
provisions of the Community Development Block Grant, the
County, CHF, and AHIP, desire to create the Crozet
Crossing Housing Trust Fund ("Trust Fund") to collect,
hold, and distribute the Program Income; and
WHEREAS, to further meet the requirements of DHCD and the terms
and provisions of the Community Development Block Grant,
the County has agreed to invest and manage the Program
Income.
NOW THEREFORE, for and in consideration of the foregoing premises,
the County, CHF, and AHIP agree to enter into this
management agreement in order to create the Trust Fund
and to manage the Program Income as follows:
2
1. Establishment of Crozet Crossinq Housinq Trust Fund
The County shall direct the Albemarle County Department of
Finance to establish an interest bearing fund, referenced as the
Crozet Crossing Housing Trust Fund, which shall be invested and
managed by the County. All Program Income from the Crozet Crossing
project shall be deposited in this Trust Fund. No funds shall be
expended unless appropriated by the Board of Supervisors of the
County.
2. Purpose of the Trust Fund
The purpose of the Trust Fund is to provide financial
assistance for housing projects which benefit low-and-moderate
income households. Only projects located within Albemarle County
shall be eligible for such assistance. Assistance shall be
provided in the form of loans, grants and equity contribution to
qualifying projects.
3. Use of Trust Fund
The Trust Fund shall be used only for housing projects that
benefit low-and-moderate income households as defined in the
Recapture Plan and the Crozet Crossing Trust Fund Operating
Policies and Procedures ("Policies and Procedures") hereby
incorporated within, by reference. Provided, however, 77.7% of the
3
Funds shall be used for CDBG - eligible projects. Of that 77.7%,
kt least 90% of the expended funds shall be used for construction
bosts, specifically excluding administrative costs. Only projects
~dministered by the County, AHIP or CHF or other entity approved by
the County shall be eligible for funding.
The percentage
requirements for the use of the funds may be modified by agreement
I
bf the parties and upon approval of DHCD or its successor.
I
I
4. Board of Trustees
The Trust Fund shall be administered by the Crozet Crossing
Trust Fund Board of Trustees ("the Board of Trustees").
I
fhall be a total of five Trustees, two appointed by the County, two
9tppointed by CHF, and one appointed by AHIP.
I
I
tPPointments shall be for four years, provided the term of the
tnitial appointment of one County and one CHF appointee shall
I
1xpire on January 1, 1996, and the terms of the other initial
~ppointees shall expire on January 1, 1998. Trustees may be
~eappointed without limitation. Trustees may be removed at the
There
The term of the
~ill of the appointing authority. If any Trustee fails to serve a
I
90mplete term, an appointment shall be made to fill the vacancy for
I
I
9he unexpired term.
I
I
I
I
I
I
I
1nd Procedures.
a4mended only upon
I
The Board of Trustees shall operate pursuant to its Policies
The Policies and Procedures shall be adopted and
the
concurring vote
of
four
fifths
of
the
4
membership of the Board of Trustees. The Board of Trustees shall
have the responsibility and authority to identify and select the
affordable housing projects which will be the beneficiaries of the
Trust Fund assets. Such projects may be approved by a majority
vote of the Board of Trustees. Three Trustees shall constitute a
quorum.
Upon the dissolution of or the withdrawal from this Agreement
by either CHF or AHIP, the County shall assume the place of the
dissolved or withdrawn party and shall appoint the Trustee or
Trustees in its place as additional Trustees for the County.
5. Procedure for Board of Trustees
The Board of Trustees shall annually review eligible projects
pursuant to its Policies and Procedures and submit a program for
disbursement from the Trust Fund subject to appropriation of the
funds by the Board of Supervisors of the County. An annual report
shall be submitted by the Board of Trustees to the County, CHF, and
AHIP detailing the status of any projects funded by the Trust Fund,
the activities of the Board of Trustees, and a financial statement
of the Trust Fund.
5
6. Staff Assistance
The Albemarle County Housing Coordinator shall provide staff
support and assistance to the Board of Trustees for the purpose of
this Agreement in cooperation with staff from CHF and AHIP. The
ousing Coordinator shall coordinate the annual status report and
nnual program for disbursement from the Trust Fund.
Terms of Aqreement
The Agreement shall be in force for a period of thirty years
rom the date it shall become effective. The Agreement may be
beyond the thirty year term by written agreement of the
arties. This Agreement shall survive the dissolution of either
or AHIP. The Agreement shall be extended until such time as
11 Program Income has been disbursed from the Trust Fund to
ligible projects.
Amendments to Aqreement
This Agreement may be amended from time to time by unanimous
ritten agreement of the parties, or their successors, provided
hat any amendment meets the applicable requirements of DHCD and
he terms and provisions of the Community Development Block Program
or the CDBG Community Improvement Grant #90-29.
6
This Agreement shall be effective as of the last date of the
~ignatures of the County, CHF, and AHIP.
Date
County of Albemarle, Virginia
By
Date
Charlottesville Housing Foundation
By
Date
Albemarle Housing Improvement Program
By
I WD/rcs
9~P&Z77.001
7
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.
Scottsvil1e
MEMORANDUM
TO:
All Department Heads/Agencies
Ella W. Carey, Clerk ~<!.-
FROM:
DATE:
June 21, 1994
SUBJECT:
1994-95 Appropriation Ordinance
Charles S. Martin
R ivanna
Walter F. Perkins
White Hall
Sally H. Thomas
Samuel Miller
Attached is a copy of the Appropriation Ordinance for Fiscal Year
1994-95 which was adopted by the Board of Supervisors on June 8, 1994:
EWC:mms
Attachment
cc: Robert W. Tucker, Jr.
James M. Heilman
Larry W. Davis
Shelby J. Marshall
Anne F. Patton
Albert A. Tumminia
Jesse R. Hurt
John F. Miller
Betty Newall
Cathy Bodkin
Susan L. McLeod
Ed Wayland
Annette G. Grimm
James R. Peterson
Patrick K. Mullaney
Bobbye Cochran
Kenneth Ackerman
Nancy O'Brien
Amelia G. McCulley
Carole A. Hastings
Gene Johnson
Richard E. Huff, II
Melvin A. Breeden
Robert B. Brandenburger
James L. Carnblos, III
Valerie Cunningham
Julian Taliaferro
Wayne S. Campagna
Jo M. Higgins
Barbara R. McGill
Jerry B. Layman
Gordon Walker
Cindy Frederick
Mary-Carter Lominack
Donna Selle
Cat Maguire
Theresa Tapscott
Lynn Carruth
Helen H. Poore
Steven G. Meeks
Bennie L. Hildebrand
*
Printed on recycled paper
Roxanne W. White
Fred L. Kruger
Jean Easton
Sterling M. Hudson
Terry W. Hawkins
Carl J. Pumphrey
patricia Smith
M. Al Waugaman
Rory Carpenter
Alicia Lugo
Linda Wilson
Brent A. Cool
Karen L. Morris
Jacqueline Dugery
Peppy Linden
Charles W. Goodman
V. Wayne Cilirnberg
Gordon Yager
Robert W. Paskel
Amy E. Smith
ANNUAL APPROPRIATION ORDINANCE
OF THE COUNTY OF ALBEMARLE
FOR THE YEAR ENDING JUNE 30, 1995
AN ORD NANCE making appropriations of sums of money for all necessary
expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year
ending June 30, 1995; to prescribe the provisos, terms, conditions and
provisions with respect to the items of appropriation and their payment;
and to repeal all ordinances wholly in conflict with this ordinance and
all or inances inconsistent with this ordinance to the extent of such
inconsistency.
IT ORDAINED by the Board of County Supervisors of the COUNTY OF
LE, VIRGINIA:
ALBE
SECTION I - GENERAL GOVERNMENT
T at the following sums of money be and the same hereby are appro-
priate for the purposes herein specified for the fiscal year ending
June 30, 1995:
Paragraph One
r the current expenses of TAX REFUNDS, ABATEMENTS, AND OTHER REFUNDS
of fifty-one thousand dollars and no cents ($51,000) is
iated from the General Fund to be apportioned as follows:
1.
Refunds and Abatements
$
51,000
Paragraph Two
r the current expenses of the function of GENERAL MANAGEMENT AND
the sum of four million, two hundred ninety thousand, two hundred
-two dollars and no cents ($4,290,272) is appropriated from the
Fund to be apportioned as follows:
1.
2.
3.
4.
5.
6 .
7.
Board of Supervisors
County Executive
Elections
Finance
Information Services
Legal Services
Personnel
$ 284,861
399,442
128,705
1,952,999
1,110,438
215,902
197,925
Paragraph Three
r the current expenses of the Function of JUDICIAL the sum of
lion, four hundred thirty-nine thousand, three hundred twenty-two
and no cents ($1,439,322) is appropriated from the General Fund to
rtioned as follows:
1. Circuit Court
2. Clerk of Circuit Court
3. Commonwealth's Attorney
4. General District Court
5. Juvenile Court
6. Magistrate
7. Sheriff
$
67,096
438,566
303,813
10,440
38,035
11,100
570,272
seven
no ce
tione
Paragraph Four
For the current expenses of the Function of PUBLIC SAFETY the sum of
illion, five hundred sixty-three thousand, sixty-three dollars and
ts ($7,563,063) is appropriated from the General Fund to be appor-
as follows:
l.
2.
3 .
4.
5.
6.
7.
8 .
9.
10.
ll.
12.
13.
14.
Ambulance, Rescue Squads $
Community Attention Home
Correction and Detention (Jail)
Fire Department (City)
Fire/Rescue Administration
Forest Fire Extinction Service
Inspections
Emergency Operations Center (911)
Juvenile Detention Home
Offender Aid and Restoration (OAR)
Police Department
SPCA Contract
Volunteer Fire Departments (JCFRA)
Offender Aid and Restoration (Flow-thru Grants)
Paragraph Five
161,595
59,060
163,105
586,305
245,865
13,800
608,369
425,130
66,000
36,670
4,618,179
15,960
426,125
136,900
F r the current expenses of the Function of PUBLIC WORKS the sum of
one million, nine hundred sixty-seven thousand, two hundred ten dollars and
no cents ($1,967,210) is appropriated from the General Fund to be
apportioned as follows:
1. Engineering
2. Refuse (Landfills)
3. Staff Services
Paragraph Six
$ 781,691
292,167
893,352
F r the current expenses of the function of HUMAN SERVICES the sum of
four million, six hundred eighty-eight thousand, one hundred thirty-three
dollar and no cents ($4,688,133) is appropriated from the General Fund to
be app rtioned as follows:
l.
2 .
3 .
4.
5.
6 .
7.
8 .
9 .
10.
ll.
12.
13.
14.
15.
Charlottesville Free Clinic
Children and Youth Commission
Children, Youth & Family Services
District Home
FOCUS-Teensight
Health Department
Jefferson Area Board on Aging
Jefferson Area United Transportation
Legal Aid Society
Madison House
Piedmont Virginia Community College (PVCC)
Sexual Assault Resource Agency (SARA)
Shelter for Help in Emergency
Social Services
Region Ten Community Services
Paragraph Seven
$ 4,600
22,250
9,180
37,500
19,615
584,000
130,030
242,435
13,030
4,120
7,310
19,595
54,470
3,298,443
241,555
F r the current expenses of the Function of PARKS, RECREATION AND
CULTUR , the sum of two million, six hundred eighty thousand, nine hundred
twent -three dollars and no cents ($2,680,923) is appropriated from the
Gener 1 Fund to be apportioned as follows:
1. Library
2. Literacy Volunteers
3. Parks & Recreation
4. piedmont Council of the Arts
5. Darden Towe Memorial Park
6. Teen Center
7. Virginia Discovery Museum
8. Visitor's Bureau
$ 1,487,195
10,060
922,343
7,585
96,795
40,475
20,000
96,470
Paragraph Eight
For the current expenses of the function of COMMUNITY DEVELOPMENT the
sum of two million, twelve thousand, eight hundred twenty-six dollars and
no ce ts ($2,012,826) is appropriated from the General Fund to be
apportioned as follows:
1.
2.
3.
4.
5 .
6 .
7.
8 .
9 .
10.
11.
Albemarle Housing Improvement Program (AHIP)
Extension Service
Community Action Agency (MACAA)
Housing
Housing Coordinator
Planning
Planning District Commission (TJPDC)
Route 29 Bus Service
Soil and Water Conservation
Zoning
Gypsy Moth Program
$
353,385
107,726
42,320
231,056
45,271
733,916
48,595
34,800
28,604
363,032
24,121
Paragraph Nine
F r the current expenses of the function of CONTINGENCY RESERVE, the
sum of twenty-five thousand, six hundred sixty dollars and no cents
($25,660) is appropriated from the General Fund to be apportioned as
follow :
1.
Contingency Reserve
25,660
$
Paragraph Ten
F r the current expenses of the function of CAPITAL OUTLAYS the sum of
one mi lion, three hundred sixty thousand dollars and no cents ($1,360,000)
is app opriated from the General Fund and transferred to:
1.
1.
Capital Improvements Fund
$ 1,360,000
Paragraph Eleven
or the current expenses of the Annual Payment to the City of
tesville, pursuant to the REVENUE SHARING AGREEMENT between the City
County dated February 17, 1982, payable in January, 1995, in the
of four million, four hundred seventy-five thousand, one hundred
dollars and no cents ($4,475,120) is appropriated from the General
follows:
Revenue Sharing Agreement
$ 4,475,120
Paragraph Twelve
or the current expenses of OTHER USES OF FUNDS, the sum of forty
three million, six hundred fifty thousand, eight hundred twenty-five
dolla s and no cents ($43,650,825) is appropriated from the General Fund
and t ansferred to:
1.
2.
School Fund
Debt Service Fund
$ 36,804,945
6,845,880
SUMMARY
otal GENERAL GOVERNMENT FUND appropriations for
iscal Year Ending June 30, 1995
$ 74.204,354
o be provided as follows:
Revenue from Local Sources (General Fund)
Revenue from the Commonwealth
Revenue from the Federal Government
Revenue from General Fund Balance
Total GENERAL FUND resources available
For Fiscal Year Ending June 30, 1995
$ 67,779,010
5,286,844
213,500
925,000
$ 74,204,354
SECTION II - REGULAR SCHOOL FUND
T at the following sums of money be and the same hereby are appro-
priate for SCHOOL purposes herein specified for the fiscal year ending
June 30, 1995:
Paragraph One
r the current expenses of the REGULAR SCHOOL FUND the sum of
illion, eight hundred thirty-seven thousand, five hundred thirty
and no cents ($60,837,530) is appropriated from the School Fund to
rtioned as follows:
1. Instruction
2. Administration, Attendance & Health
3. Pupil Transportation Services
4. Facilities Operation/Maintenance
5. Facilities Construction/Modification
6. Other Uses of Funds
$ 46,811,974
2,235,441
4,603,866
6,208,433
108,306
869,510
$ 60,837,530
SUMMARY
tal Regular School Funds for Fiscal
ar Ending June 30, 1995
$ 60.837,530
To be rovided as follows:
Revenue from Local Sources (General Fund Transfer)
Revenue from Local Sources (School Fund Balance)
Revenue from the Commonwealth
Revenue from the Federal Government
Miscellaneous Revenue
$ 36,804,945
798,118
22,238,752
547,404
448,311
Total SCHOOL FUND resources available
For Fiscal Year Ending June 30, 1995
$ 60.837.530
SECTION III - Other School Funds
That the following sums of money be and the same hereby are appro-
priated for the purposes herein specified for the fiscal year ending
June 30, 1995:
Paragraph One
For the current expenses of the function of SCHOOL LUNCH PROGRAM the
sum of one million, eight hundred twenty thousand, three hundred seventy-
one dollars and no cents ($1,820,371) is appropriated from the Cafeteria
Fund to be apportioned as follows:
1.
Maintenance and Operation of School Cafeterias
$ 1,820,371
SUMMARY
Total CAFETERIA OPERATIONS appropriations
Fiscal Year Ending June 30, 1995
for
$ 1,820.371
$ 1,219,677
35,000
10,000
450,000
105,694
$ 1.820,371
Tb be provided as follows:
Revenue from Local Sources
Revenue from the Commonwealth
Revenue from Refunds and Rebates
Revenue from the Federal Government
Revenue from Fund Balance
Tbtal CAFETERIA FUND resources available
For Fiscal Year Ending June 30, 1995
Paragraph Two
Fpr the current expenses of the function of ALBEMARLE FOOD SERVICE,
the sum of three hundred twelve thousand, nine hundred fifty-three dollars
and no cents ($312,953) is appropriated from the Albemarle Food Service to
be appprtioned as follows:
1.
Food Service
312,953
$
SUMMARY
Tptal ALBEMARLE FOOD SERVICE appropriations for
Fiscal Year Ending June 30, 1995
$
312,953
Tb be provided as follows:
Revenue from Local Sources (Sales)
312,953
Total ALBEMARLE FOOD SERVICE resources available
For Fiscal Year Ending June 30, 1995 $
312.953
Paragraph Three
Fbr the current expenses of the function of PRE-SCHOOL GRANT, the sum
of sev~nty-two thousand six hundred dollars and no cents ($72,600) is
appro riated from the Pre-School Grant Fund to be apportioned as follows:
1.
Special Ed Pre-School Program
$
72,600
SUMMARY
otal Pre-School Grants appropriations for
iscal Year Ending June 30, 1995
$
72.600
o be provided as follows:
Revenue from the Federal Government
72,600
Total TEXTBOOK RENTAL FUND resources available
For Fiscal Year Ending June 30, 1995
$
72,600
Paragraph Four
For the current expenses of the function of the McINTIRE TRUST FUND
the su of ten thousand dollars and no cents ($10,000) is appropriated from
the McIntire Trust Fund as follows:
1.
Payment to County Schools
$
10,000
SUMMARY
T tal McINTIRE TRUST FUND appropriations for
Fiscal Year Ending June 30, 1995
$
10.000
be provided as follows:
Revenue from investments per trust
Total McINTIRE TRUST FUND resources available
For Fiscal Year Ending June 30, 1995
10,000
$
10.000
Paragraph Five
F r the current expenses of PREP PROGRAM the sum of nine hundred
sevent -one thousand, six hundred three dollars and no cents ($971,603) is
approp iated from the PREP Program Fund to be apportioned as follows:
1.
2.
E. D. Program
C.B.I.P. Severe
$
576,193
395,410
SUMMARY
T tal PREP PROGRAM appropriations for
F'scal Year Ending June 30, 1995
$
971.603
be provided as follows:
Revenue from Tuition and Fees
Total PREP PROGRAM FUND resources available
For Fiscal Year Ending June 30, 1995
$
971,603
$
971.603
Paragraph six
F r the current expenses of FEDERAL PROGRAMS the sum of seven hundred
eight- our thousand, two hundred fifty-six dollars and no cents ($784,256)
is ap~ropriated from the Federal Programs Fund to be apportioned as
folloV\ s:
1 .
2.
3.
4.
5.
Chapter I
Chapter II
Migrant Education
Title II
Carl Perkins
$
537,931
43,263
74,517
27,225
101,320
SUMMARY
10tal FEDERAL PROGRAMS FUND appropriations for
Fiscal Year Ending June 30, 1995
10 be provided as follows:
Revenue from the Federal Government S
Total FEDERAL PROGRAMS FUND resources available
For Fiscal Year Ending June 30, 1995 S
Paragraph Seven
s
784.256
784.256
784.256
For the current expenses of COMMUNITY EDUCATION the sum of
one million thirty-one thousand seven hundred seventy-five dollars and no
cents ($1,031,775) is appropriated from the Community Education Fund to be
apportioned as follows:
1.
Community Education
$ 1,031,775
s
1. 031. 775
SUMMARY
Tbtal COMMUNITY EDUCATION FUND appropriations for
Fiscal Year Ending June 30, 1995
Tb be provided as follows:
Revenues from Tuition
Revenues from Driver's Education Fees
Total COMMUNITY EDUCATION FUND resources
For Fiscal Year Ending June 30, 1995
available
S
923,932
107,843
1. 031. 775
Fpr the current expenses of SUMMER SCHOOL the sum of two hundred
eighte~n thousand dollars and no cents ($218,000) is appropriated from the
Summer School fund to be apportioned as follows:
Paragraph Eight
1. Summer School
SUMMARY
Tptal SUMMER SCHOOL appropriations for
F~scal Year Ending June 30, 1995
Tp be provided as follows:
Revenues from Tuition
$
218,000
s
218,000
218,000
Total SUMMER SCHOOL FUND resources available
For Fiscal Year Ending June 30, 1995 $
218,000
SECTION IV - DEBT SERVICE FUND
seven
five
Servi
or the current expenses of the function of DEBT SERVICE the sum of
million, three hundred fifty-three thousand, three hundred seventy-
ollars and no cents ($7,353,375) is appropriated from the Debt
e Fund as follows:
1.
2.
3 .
Debt Service Payments $
Lease/Purchase Payments-Capital Equipment-Schools
Lease/Purchase Payments - DP Equipment General Govt.
6,845,880
465,439
42,056
SUMMARY
otal DEBT SERVICE appropriations for
iscal Year Ending June 30, 1995
$ 7,353,375
o be provided as follows:
Revenue From Local Sources (Trans from Gen Fd) 6,845,880
Revenue From Local Sources (Trans from Sch Fd) 465,439
Revenue from Local Sources (Trans from Information Serv.) 42,056
Total DEBT SERVICE resources available
For Fiscal Year Ending June 30, 1995 $ 7,353,375
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I THROUGH IV IN THIS ORDINANCE FOR THE
FISCAL YEAR ENDING JUNE 30, 1995:
RECAPITULATION
ction I
ction II
ction III
ction IV
General Fund
School Fund
Other School Funds
Debt Service Fund
$ 74,204,354
60,837,530
5,221,558
7,353,375
TOTAL
$147,616,817
ss Inter-fund Transfers
neral Fund to School Fund
neral Fund to Debt Service Fund
hool Fund to Debt Service Fund
neral Fund (Infor. Serv.) to Debt Service Fund
36,804,945
6,845,880
465,439
42,056
GRAND TOTAL
$103,458,497
IT FURTHER ORDAINED that the Director of Finance is hereby autho-
o transfer monies from one fund to another, from time to time as
become available, sums equal to, but not in excess of, the
approp iations made to these funds for the period covered by this
approp iation ordinance.
SECTION V
Secti
ditio
terms
11 of the monies appropriated as shown by the contained items in
I through III are appropriated upon the provisos, terms, con-
s, and provisions hereinbefore set forth in connection with said
and those set forth in this section.
Paragraph One
ubject to the qualifications in this ordinance contained, all appro-
priat'ons made out of the General Fund, the School Fund, the Cafeteria
Fund, the Albemarle Food Service Fund, the McIntire Trust Fund, the Pre-
School Grant Fund, the Debt Service Fund, Prep Program Fund, Federal
progr ms Fund, Community Education Fund, Summer School Fund, are declared
to be maximum, conditional and proportionate appropriations--the purpose
being to make the appropriations payable in full in the amount named herein
if necessary and then only in the event the aggregate revenues collected
and a ailable during the fiscal year for which the appropriations are made
are s fficient to pay all of the appropriations in full.
therwise the said a
riations shall be deemed to be a able
in such ro ortion as the total sum of all realized revenue of
the res ective funds is to the total amount of revenue estimated
to be available in the said fiscal
the Board of
ervisors.
Paragraph Two
11 revenue received by any agency under the control of the Board of
Supervisors or by the School Board or by the Social Services Board not
includ d in its estimate of revenue for the financing of the fund budget as
submit ed to the Board of Supervisors may not be expended by the said
agency under the control of the Board of Supervisors or by the School Board
or by he Board of Public Welfare without the consent of the Board of
Supervisors being first obtained. Nor may any of these agencies or boards
make e penditures which will exceed a specific item of an appropriation or
make t ansfers between specific items of appropriation without the consent
of the Director of Finance being first obtained.
Paragraph Three
1 balances of appropriations payable out of the General fund of the
treasury at the close of business on the thirtieth (30th) day of
995, except as otherwise provided for, are hereby declared to be
into the County treasury and shall be used for the payment of the
approp iations which may be made in the appropriation ordinance for the
next f'scal year, beginning July 1, 1995. However, nothing in this para-
graph hall be construed to be applicable to the School Fund, Capital
Improv ments Fund, Cafeteria Fund, Albemarle Food Service Fund, Pre-School
Grant und, McIntire Trust Fund, Debt Service Fund, Prep Program Fund,
Feder 1 Programs Fund, Community Education Fund or Summer School Fund, but
any b lance available in these funds shall be used in financing the
propo ed expenditures of these funds for the fiscal year beginning July 1,
1995.
Paragraph Four
o obligations for goods, materials, supplies, equipment or contrac-
tual services for any purpose may be incurred by any department, bureau,
agenc , or individual under the direct control of the Board of Supervisors
except by requisition to the purchasing agent; provided, however, no
requisition for contractual services--such as communications, travel,
freig t, express--and membership fees and subscriptions shall be required;
and p ovided further that no requisition for contractual services involving
the issuance of a contract on a competitive bid basis shall be required,
but such contract shall be approved by the head of the contracting depart-
ment, ureau, agency, or individual and the Purchasing Agent, who shall be
responsible for securing such competitive bids on the basis of specifi-
cation furnished by the contracting department, bureau, agency or
indivi ual.
the event of the failure for any reason of approval herein required
h contracts, said contract shall be awarded through appropriate
of the Board of Supervisors.
ations incurred contrar to the urchasin
rocedures
in the Albemarle Count Purchasin Manual shall not be
obli ations of the Count
and the Director of Finance
an warrants in a ent of such obli ations.
Paragraph Five
A lowances out of any of the appropriations made in this ordinance by
any or all County departments, bureaus, or agencies under the control of
the Bo rd of Supervisors to any of their officers and employees for expense
on acc unt of the use of such officers and employees of their personal
automo iles in the discharge of their official duties shall be paid at the
same r te as that established by the State of Virginia for its employees
and sh 11 be subject to change from time to time to maintain like rates.
Paragraph Six
A 1 travel expense accounts shall be submitted on forms and according
to reg lations prescribed or approved by the Director of Finance.
Paragraph Seven
A 1 ordinances and parts of ordinances inconsistent with the pro-
vision of this ordinance shall be and the same are hereby repealed.
Paragraph Eight
~his ordinance shall become effective on July first, nineteen hundred
and n~nety-four.
* * * * *
I, Ella W. Carey, do hereby certify that the foregoing writing is a
true, ~orrect copy of an ordinance adopted by the Board of County
Supervisors of Albemarle County, Virginia, at a regular meeting held on
June 2, 1994. ~:-( t1/ c,u~
C~rk, Board of County ~~is~rs
Ordina~ce No. 94(5)
ANNUAL APPROPRIATION ORDINANCE
OF THE COUNTY OF ALBEMARLE
FOR THE YEAR ENDING JUNE 30, 1995
a2
AN ORD NANCE making appropriations of sums of money for all necessary'
expend'tures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscat'-year
ending June 30, 1995; to prescribe the provisos, terms, conditions and
provis'ons with respect to the items of appropriation and their payment;
and to repeal all ordinances wholly in conflict with this ordinance and
all or inances inconsistent with this ordinance to the extent of such
incons'stency.
ALBE
ORDAINED by the Board of County Supervisors of the COUNTY OF
VIRGINIA:
SECTION I - GENERAL GOVERNMENT
at the following sums of money be and the same hereby are appro-
for the purposes herein specified for the fiscal year ending
, 1995:
Paragraph One
r the current expenses of TAX REFUNDS, ABATEMENTS, AND OTHER REFUNDS
of fifty-one thousand dollars and no cents ($51,000) is
iated from the General Fund to be apportioned as follows:
1.
Refunds and Abatements
$
51,000
Paragraph Two
F r the current expenses of the function of GENERAL MANAGEMENT AND
SUPPOR the sum of four million, two hundred ninety thousand, two hundred
sevent -two dollars and no cents ($4,290,272) is appropriated from the
General Fund to be apportioned as follows:
1.
2.
3 .
4.
5.
6.
7.
Board of Supervisors
County Executive
Elections
Finance
Information Services
Legal Services
Personnel
$ 284,861
399,442
128,,705
1,952,999
1,110,438
215,902
197 j' 925
Paragraph Three
Fo the current expenses of the Function of JUDICIAL the sum of
one million, four hundred thirty-nine thousand, three hundred twenty-two
dollars and no cents ($1,439,322) is appropriated from the General Fund to
be appo tioned as follows:
1. Circuit Court
2. Clerk of Circuit Court
3. Commonwealth's Attorney
4. General District Court
5. Juvenile Court
6. Magistrate
7. Sheriff
$
67,096
438,566
303,813
10,440
38,035
11,100
570,272
Paragraph Four
seven
no cen
tioned
F r the current expenses of the Function of PUBLIC SAFETY the sum of
illion, five hundred sixty-three thousand, sixty-three dollars and
s ($7,563,063) is appropriated from the General Fund to be appor-
as follows:
1
2
3
4
5
6
7
8
9
10.
ll.
12.
13.
14.
Ambulance, Rescue Squads $
Community Attention Home
Correction and Detention (Jail)
Fire Department (City)
Fire/Rescue Administration
Forest Fire Extinction Service
Inspections
Emergency Operations Center (911)
Juvenile Detention Home
Offender Aid and Restoration (OAR)
Police Department
SPCA Contract
Volunteer Fire Departments (JCFRA)
Offender Aid and Restoration (Flow-thru Grants)
Paragraph Five
161,595
59,060
163,105
586,305
245,865
13,800
608,369
425,130
66,000
36,670
4,618,179
15,960
426,125
136,900
F r the current expenses of the Function of PUBLIC WORKS the sum of
one mi lion, nine hundred sixty-seven thousand, two hundred ten dollars and
no cen s ($1,967,210) is appropriated from the General Fund to be
apport.oned as follows:
1. Engineering
2. Refuse (Landfills)
3. Staff Services
Paragraph Six
$ 781,691
292,167
893,352
F r the current expenses of the function of HUMAN SERVICES the sum of
four m'llion, six hundred eighty-eight thousand, one hundred thirty-three
dollar and no cents ($4,688,133) is appropriated from the General Fund to
be app rtioned as follows:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
Charlottesville Free Clinic
Children and Youth Commission
Children, Youth & Family Services
District Home
FOCUS-Teensight
Health Department
Jefferson Area Board on Aging
Jefferson Area united Transportation
Legal Aid Society
Madison House
Piedmont Virginia Community College (PVCC)
Sexual Assault Resource Agency (SARA)
Shelter for Help in Emergency
Social Services
Region Ten Community Services
$ 4,600
22,250
9,180
37,500
19,615
584,000
130,030
242,435
13,030
4,120
7,310
19,595
!54,470
3,298,443
241,555
F
CULTUR
twenty
Genera
Paragraph Seven
r the
, the
three
Fund
current expenses of the Function of PARKS, RECREATION AND
sum of two million, six hundred eighty thousand, nine hundred
dollars and no cents ($2,680,923) is appropriated from the
to be apportioned as follows:
1
2
3
4
5
6
7
8
Library
Literacy Volunteers
Parks & Recreation
Piedmont Council of the Arts
Darden Towe Memorial Park
Teen Center
Virginia Discovery Museum
visitor's Bureau
$ 1,487,195
10,060
922,343
7,585
96,795
40,475
20,000
96,470
Paragraph Eight
F r the current expenses of the function of COMMUNITY DEVELOPMENT the
sum of two million, twelve thousand, eight hundred twenty-six dollars and
no cen s ($2,012,826) is appropriated from the General Fund to be
apport'oned as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Albemarle Housing Improvement Program (AHIP)
Extension Service
Community Action Agency (MACAA)
Housing
Housing Coordinator
Planning
Planning District Commission (TJPDC)
Route 29 Bus Service
Soil and Water Conservation
Zoning
Gypsy Moth Program
$
353,385
107,726
42,320
231,056
45,271
733,916
48,595
34,800
28,604
363,032
24,121
Paragraph Nine
r the current expenses of the function of CONTINGENCY RESERVE, the
twenty-five thousand, six hundred sixty dollars and no cents
0) is appropriated from the General Fund to be apportioned as
1.
Contingency Reserve
:25,660
$
Paragraph Ten
Fo the current expenses of the function of CAPITAL OUTLAYS the sum of
one million, three hundred sixty thousand dollars and no cents ($1,360,000)
is appr priated from the General Fund and transferred to:
F
Charlot
and the
amount
twenty
Fund as
1.
Capital Improvements Fund
$ 1,360,000
Paragraph Eleven
r the current expenses of the Annual Payment to the City of
esville, pursuant to the REVENUE SHARING AGREEMENT between the City
County dated February 17, 1982, payable in January, 1995, in the
f four million, four hundred seventy-five thousand, one hundred
ollars and no cents ($4,475,120) is appropriated from the General
follows:
1
Revenue Sharing Agreement
$ 4,475,120
Paragraph Twelve
Fpr the current expenses of OTHER USES OF FUNDS, the sum of forty
three ~illion, six hundred fifty thousand, eight hundred twenty-five
dollar~ and no cents ($43,650,825) is appropriated from the General Fund
and tr~nsferred to:
1
2
School Fund
Debt Service Fund
$ 36,804,945
6,845,880
SUMMARY
Tcptal GENERAL GOVERNMENT FUND appropriations for
F scal Year Ending June 30, 1995
$ 74,204,354
TcP be provided as follows:
Revenue from Local Sources (General Fund)
Revenue from the Commonwealth
Revenue from the Federal Government
Revenue from General Fund Balance
Total GENERAL FUND resources available
For Fiscal Year Ending June 30, 1995
$ 67,779,010
5,286,844
213,500
925,000
$ 74,204,354
SECTION II - REGULAR SCHOOL FUND
Tlat the following sums of money be and the same hereby are appro-
priatec for SCHOOL purposes herein specified for the fiscal year ending
June 3(, 1995:
Paragraph One
Fer the current expenses of the REGULAR SCHOOL FUND the sum of
sixty ]illion, eight hundred thirty-seven thousand, five hundred thirty
dollar~ and no cents ($60,837,530) is appropriated from the School Fund to
be appcrtioned as follows:
1. Instruction
2. Administration, Attendance & Health
3. Pupil Transportation Services
4. Facilities Operation/Maintenance
5. Facilities Construction/Modification
6. Other Uses of Funds
$ 46,811,974
2,235,441
4,603,866
6,208,433
108,306
869,510
$ 60,837,530
SUM MAR Y
Tctal Regular School Funds for Fiscal
Year Ending June 30, 1995
$ 60.837,530
To be p~ovided
lRevenue
lRevenue
~evenue
as follows:
from Local Sources (General
from Local Sources (School
from the Commonwealth
Fund Transfer)
Fund Balance)
$ 36,804,945
798,118
22,238,752
Revenue from the Federal Government
Miscellaneous Revenue
Total SCHOOL FUND resources available
For Fiscal Year Ending June 30, 1995
547,404
448,311
$ 60,837,530
SECTION III - Other School Funds
T at the following sums of money be and the same hereby are appro-
priate for the purposes herein specified for the fiscal year ending
June 3 , 1995:
sum
Paragraph One
r the current expenses of the function of SCHOOL LUNCH PROGRAM the
one million, eight hundred twenty thousand, three hundred seventy-
lars and no cents ($1,820,371) is appropriated from the Cafeteria
be apportioned as follows:
1 Maintenance and Operation of School Cafeterias $ 1,820,371
S U M MAR Y
T tal CAFETERIA OPERATIONS appropriations for
F scal Year Ending June 30, 1995 $ 1,820.371
be provided as follows:
Revenue from Local Sources $ 1,219,677
Revenue from the Commonwealth 35,000
Revenue from Refunds and Rebates 10,000
Revenue from the Federal Government 450,000
Revenue from Fund Balance 105,694
T tal CAFETERIA FUND resources available
For Fiscal Year Ending June 30, 1995 $ 1,820.371
Paragraph Two
F
the su
and no
be app
r the current expenses of the function of ALBEMARLE FOOD SERVICE,
of three hundred twelve thousand, nine hundred fifty-three dollars
cents ($312,953) is appropriated from the Albemarle Food Service to
rtioned as follows:
1.
Food Service
$
312,953
SUM MAR Y
T tal ALBEMARLE FOOD SERVICE appropriations for
F.scal Year Ending June 30, 1995
$
312,953
T be provided as follows:
Revenue from Local Sources (Sales)
312,953
Total ALBEMARLE FOOD SERVICE resources available
For Fiscal Year Ending June 30, 1995 $
312.953
Paragraph Three
Fo the current expenses of the function of PRE-SCHOOL GRANT.. the sum
of seve ty-two thousand six hundred dollars and no cents ($72,600) is
approp iated from the Pre-School Grant Fund to be apportioned as follows:
1
Special Ed Pre-School Program
SUM MAR Y
T tal Pre-School Grants appropriations for
F scal Year Ending June 30, 1995
T be provided as follows:
Revenue from the Federal Government
Total TEXTBOOK RENTAL FUND resources available
For Fiscal Year Ending June 30, 1995
Paragraph Four
$
72,600
$
72.600
72,600
$
72.600
F r the current expenses of the function of the McINTIRE TRUST FUND
the su of ten thousand dollars and no cents ($10,000) is appropriated from
the Me ntire Trust Fund as follows:
1.
Payment to County Schools
SUMMARY
T tal McINTIRE TRUST FUND appropriations for
F.scal Year Ending June 30, 1995
T be provided as follows:
Revenue from investments per trust
Total McINTIRE TRUST FUND resources available
For Fiscal Year Ending June 30, 1995
Paragraph Five
$
10,000
$
10.000
10,000
$
10,000
F r the current expenses of PREP PROGRAM the sum of nine hundred
sevent -one thousand, six hundred three dollars and no cents ($971,603) is
approp iated from the PREP Program Fund to be apportioned as follows:
1.
2.
E. D. Program
C.B.I.P. Severe
SUM MAR Y
al PREP PROGRAM appropriations for
cal Year Ending June 30, 1995
be provided as follows:
evenue from Tuition and Fees
Total PREP PROGRAM FUND resources available
For Fiscal Year Ending June 30, 1995
Paragraph six
$
576,193
395,410
$
971,603
$
$
971,603
971. 603
Fo the current expenses of FEDERAL PROGRAMS the sum of seven hundred
eight-f ur thousand, two hundred fifty-six dollars and no cents ($784,256)
is appr priated from the Federal Programs Fund to be apportioned as
follow
F
one mi
cents
apport
1-
2.
3
4
5
Chapter I
Chapter II
Migrant Education
Title II
Carl Perkins
$
::i37,931
43,263
74,517
27,225
1.01,320
SUM MAR Y
T tal FEDERAL PROGRAMS FUND appropriations for
F.scal Year Ending June 30, 1995
be provided as follows:
Revenue from the Federal Government $
Total FEDERAL PROGRAMS FUND resources available
For Fiscal Year Ending June 30, 1995 $
Paragraph Seven
$
784,256
784.256
784.256
r the current expenses of COMMUNITY EDUCATION the sum of
lion thirty-one thousand seven hundred seventy-five dollars and no
$1,031,775) is appropriated from the Community Education Fund to be
oned as follows:
1. Summer School
SUM MAR Y
T tal SUMMER SCHOOL appropriations for
F'scal Year Ending June 30, 1995
T be provided as follows:
Revenues from Tuition
Total SUMMER SCHOOL FUND resources available
For Fiscal Year Ending June 30, 1995 $
$ 1,031,775
$
1. 031. 775
1
Community Education
923,932
107,843
1.031.775
F r the current expenses of SUMMER SCHOOL the sum of two hundred
eighte n thousand dollars and no cents ($218,000) is appropriated from the
Summer School fund to be apportioned as follows:
SUM MAR Y
T tal COMMUNITY EDUCATION FUND appropriations for
F seal Year Ending June 30, 1995
T be provided as follows:
Revenues from Tuition
Revenues from Driver's Education Fees
Total COMMUNITY EDUCATION FUND resources
For Fiscal Year Ending June 30, 1995
available
$
Paragraph Eight
$
218,000
$
218.000
218,000
218,000
SECTION IV - DEBT SERVICE FUND
seven
five d
servic
F r the current expenses of the function of DEBT SERVICE the sum of
illion, three hundred fifty-three thousand, three hundred seventy-
lIars and no cents ($7,353,375) is appropriated from the Debt
Fund as follows:
1-
2.
3.
Debt Service Payments $
Lease/Purchase Payments-Capital Equipment-schools
Lease/Purchase Payments - DP Equipment General Govt.
SUM MAR Y
6,845,880
465,439
42,056
T tal DEBT SERVICE appropriations for
F'scal Year Ending June 30, 1995
$ 7,353,375
T be provided as follows:
Revenue From Local Sources (Trans from Gen Fd)
Revenue From Local Sources (Trans from Sch Fd)
Revenue from Local Sources (Trans from Information
Total DEBT SERVICE resources available
For Fiscal Year Ending June 30, 1995
6,845,880
465,439
Serv.) 42,056
$ 7,353,375
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I THROUGH IV IN THIS ORDINANCE FOR THE
FISCAL YEAR ENDING JUNE 30, 1995:
RECAPITULATION
I
II
III
IV
General Fund
School Fund
Other School Funds
Debt Service Fund
$ 74,204,354
60,837,530
5,221,558
7,353,375
TOTAL
$147,616,817
s Inter-fund Transfers
eral Fund to School Fund
eral Fund to Debt Service Fund
001 Fund to Debt Service Fund
eral Fund (Infor. Serv.) to Debt Service Fund
36,804,945
6,845,880
465,439
42,056
GRAND TOTAL
$103,458,497
BE
rized t
monies
appropr
IT FURTHER ORDAINED that the Director of Finance is hereby autho-
transfer monies from one fund to another, from time to time as
ecome available, sums equal to, but not in excess of, the
ations made to these funds for the period covered by this
approp iation ordinance.
SECTION V
A I of the monies appropriated as shown by the contained items in
Sectio s I through III are appropriated upon the provisos, terms, con-
dition , and provisions hereinbefore set forth in connection with said
terms nd those set forth in this section.
Paragraph One
S
priati
Fund,
School
progra
to be
being
if nec
and av
are su
bject to the qualifications in this ordinance contained, all appro-
ns made out of the General Fund, the School Fund, the Cafeteria
he Albemarle Food Service Fund, the McIntire Trust Fund, the Pre-
Grant Fund, the Debt Service Fund, Prep Program Fund, Federal
s Fund, Community Education Fund, Summer School Fund, are declared
aximum, conditional and proportionate appropriations--the purpose
o make the appropriations payable in full in the amount named herein
ssary and then only in the event the aggregate revenues collected
ilable during the fiscal year for which the appropriations are made
ficient to pay all of the appropriations in full.
the said a
riations shall be deemed to be a able
i
the total sum of all realized revenue of
ective funds is to the total amount of revenue estimated
be available in the said fiscal
the Board of
Paragraph Two
All revenue received by any agency under the control of the Board of
Supervisors or by the School Board or by the Social Services Board not
included in its estimate of revenue for the financing of the fund budget as
submitted to the Board of Supervisors may not be expended by the said
agency nder the control of the Board of Supervisors or by the School Board
or by t e Board of Public Welfare without the consent of the Board of
Supervi ors being first obtained. Nor may any of these agencies or boards
make ex enditures which will exceed a specific item of an appropriation or
make tr nsfers between specific items of appropriation without the consent
of the irector of Finance being first obtained.
Paragraph Three
Al balances of appropriations payable out of the General fund of the
County reasury at the close of business on the thirtieth (30th) day of
June, 1 95, except as otherwise provided for, are hereby declared to be
lapsed 'nto the County treasury and shall be used for the payment of the
appropr'ations which may be made in the appropriation ordinance for the
next f
graph
Improv
Grant
Federa
any ba
propos
1995.
scal year, beginning July 1, 1995. However, nothing in this para-
hall be construed to be applicable to the School Fund, Capital
ments Fund, Cafeteria Fund, Albemarle Food Service Fund, Pre-School
und, McIntire Trust Fund, Debt Service Fund, Prep Program Fund,
Programs Fund, Community Education Fund or Summer School Fund, but
ance available in these funds shall be used in financing the
d expenditures of these funds for the fiscal year beginning July 1,
Paragraph Four
obligations for goods, materials, supplies, equipment or contrac-
tual s rvices for any purpose may be incurred by any department, bureau,
agency, or individual under the direct control of the Board of Supervisors
except by requisition to the purchasing agent; provided, however, no
requis'tion for contractual services--such as communications, travel,
freigh , express--and membership fees and subscriptions shall be required;
and pr vided further that no requisition for contractual services involving
the iss ance of a contract on a competitive bid basis shall be required,
but suc contract shall be approved by the head of the contracting depart-
ment, reau, agency, or individual and the Purchasing Agent, who shall be
responsible for securing such competitive bids on the basis of specifi-
cation furnished by the contracting department, bureau, agency or
individ ala
Al
any or
the Boa
on acco
automob
same ra
and sha
the event of the failure for any reason of approval herein required
contracts, said contract shall be awarded through appropriate
f the Board of Supervisors.
ations incurred contrar to the urchasin
rocedures
in the Albemarle Count Purchasin Manual shall not be
obli at ions of the Count
and the Director of Finance
11 not issue an warrants in a ment of such obli ations.
Paragraph Five
owances out of any of the appropriations made in this ordinance by
11 County departments, bureaus, or agencies under the control of
d of Supervisors to any of their officers and employees for expense
nt of the use of such officers and employees of their personal
les in the discharge of their official duties shall be paid at the
e as that established by the State of Virginia for its employees
1 be subject to change from time to time to maintain like rates.
Paragraph Six
Al travel expense accounts shall be submitted on forms and according
to regu ations prescribed or approved by the Director of Finance.
,
Paragraph Seven
1 ordinances and parts of ordinances inconsistent with the pro-
of this ordinance shall be and the same are hereby repealed.
Paragraph Eight
is ordinance shall become effective on July first, nineteen hundred
and ety-four.
RWW/
I _:;]_(;,,'
{" I I? ,. ;. eO> .-.....-
I.. _,~,.._~<._ ..~..._...............-.
,j.~.'
EXECUTIVE SUMMARY
(<
",.. ','j
AGENDA DATE:
June 8, 1994
ITEM NUMBER:
(:J Ii , ,,~, r"7
/ 7 , 1..../ kJ l.../ 6" '~"-0
ECT/P OPOSAL/RE UE T: Request Board approval of ACTION: X.
he Appropria ion Ordinance for the FY 1994-95 Operating Budget
INFORMATION:
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: Yes
---""'
REVIEWED BY:
BA KGR UND:
On April 14, the Board of Supervisors approved a total County Budget of$103,366,271 for Fiscal Year 1994-95.
State Code r quires that those funds be officially appropriated prior to the beginning of the next fiscal year which
starts July 1, 1994._
DI
The attache Appropriation Ordinance allocates funds for Albemarle County's FY 1994-95 Operating Budget, which
includes app opriations for the General, School, Debt Service and School Self-Sustaining Funds. The final
appropriated budget of$103,458,497 is approximately $90,000 over the total County budget approved by the Board
in April for t 0 reasons: one, an increase of $115,668 in School Carry-Over Funds to cover the additional costs of
increasing t School Division's share of health insurance benefits from 80% to 85% in order to be comparable to
General Go rnment; and two, a reduction of $23,442 from minor adjustments in the Self-Sustaining Fund Accounts.
Should you ave any questions on the final appropriation of FY 1994-95 funds, please do not hesitate to call me or
Ms. White p ior to Wednesday's meeting.
NDATION:
ends approval of the FY 1994-95 Appropriation Ordinance.
94.080
ANNUAL APPROPRIATION ORDINANCE
OF THE COUNTY OF ALBEMARLE
FOR THE YEAR ENDING JUNE 30, 1995
AN ORD NANCE making appropriations of sums of money for all necessary
expend'tures of the COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year
ending June 30, 1995; to prescribe the provisos, terms, conditions and
provis.ons with respect to the items of appropriation and their payment;
and to repeal all ordinances wholly in conflict with this ordinance and
all or inances inconsistent with this ordinance to the extent of such
incons.stency.
ALB
F
SUPPOR
sevent
Genera
F
one mi
dollar
be app
IT ORDAINED by the Board of County Supervisors of the COUNTY OF
LE, VIRGINIA:
SECTION I - GENERAL GOVERNMENT
at the following sums of money be and the same hereby are appro-
for the purposes herein specified for the fiscal year ending
, 1995:
Paragraph One
r the current expenses of TAX REFUNDS, ABATEMENTS, AND OTHER REFUNDS
of fifty-one thousand dollars and no cents ($51,000) is
iated from the General Fund to be apportioned as follows:
1-
Refunds and Abatements
$
51,000
Paragraph Two
r the current expenses of the function of GENERAL MANAGEMENT AND
the sum of four million, two hundred ninety thousand, two hundred
-two dollars and no cents ($4,290,272) is appropriated from the
Fund to be apportioned as follows:
1-
2.
3.
4.
5.
6.
7.
Board of supervisors
County Executive
Elections
Finance
Information Services
Legal Services
Personnel
$ 284,861
399,442
128,705
1,952,999
1,110,438
215,902
197,925
Paragraph Three
r the current expenses of the Function of JUDICIAL the sum of
lion, four hundred thirty-nine thousand, three hundred twenty-two
and no cents ($1,439,322) is appropriated from the General Fund to
rtioned as follows:
1. Circuit Court
2. Clerk of Circuit Court
3. Commonwealth's Attorney
4. General District Court
5. Juvenile Court
6. Magistrate
7. Sheriff
$
67,096
438,566
303,813
10,440
38,035
11,100
570,272
Paragraph Four
Fer the current expenses of the Function of PUBLIC SAFETY the sum of
seven nillion, five hundred sixty-three thousand, sixty-three dollars and
no cents ($7,563,063) is appropriated from the General Fund to be appor-
tioned as follows:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
Ambulance, Rescue Squads $
Community Attention Home
Correction and Detention (Jail)
Fire Department (City)
Fire/Rescue Administration
Forest Fire Extinction Service
Inspections
Emergency operations Center (911)
Juvenile Detention Home
Offender Aid and Restoration (OAR)
Police Department
SPCA Contract
Volunteer Fire Departments (JCFRA)
Offender Aid and Restoration (Flow-thru Grants)
Paragraph Five
161,595
59,060
163,105
586,305
245,865
13,800
608,369
425,130
66,000
36,670
4,618,179
15,960
426,125
136,900
Fer the current expenses of the Function of PUBLIC WORKS the sum of
one mi lion, nine hundred sixty-seven thousand, two hundred ten dollars and
no cents ($1,967,210) is appropriated from the General Fund to be
apport'oned as follows:
1 Engineering
2. Refuse (Landfills)
3 Staff Services
Paragraph six
$ 781,691
292,167
893,352
Fer the current expenses of the function of HUMAN SERVICES the sum of
four m.llion, six hundred eighty-eight thousand, one hundred thirty-three
dollarf and no cents ($4,688,133) is appropriated from the General Fund to
be appertioned as follows:
1
2
3
4
5
6
7
8.
9.
10.
ll.
12.
13.
14.
15.
Charlottesville Free Clinic
Children and Youth Commission
Children, Youth & Family Services
District Home
FOCUS-Teensight
Health Department
Jefferson Area Board on Aging
Jefferson Area United Transportation
Legal Aid Society
Madison House
Piedmont Virginia Community College (PVCC)
Sexual Assault Resource Agency (SARA)
Shelter for Help in Emergency
Social Services
Region Ten community Services
$ 4,600
22,250
9,180
37,500
19,615
584,000
130,030
242,435
13,030
4,120
7,310
19,595
54,470
3,298,443
241,555
1.
Revenue Sharing Agreement
$ 4,475,120
Paragraph Twelve
Fqr the current expenses of OTHER USES OF FUNDS, the sum of forty
three ~illion, six hundred fifty thousand, eight hundred twenty-five
dollars and no cents ($43,650,825) is appropriated from the General Fund
and tr~nsferred to:
1~
2.
School Fund
Debt Service Fund
$ 36,804,945
6,845,880
SUMMARY
Total GENERAL GOVERNMENT FUND appropriations for
F~scal Year Ending June 30, 1995
$ 74.204.354
TO be provided as follows:
:Revenue from Local Sources (General Fund)
,Revenue from the Commonwealth
Revenue from the Federal Government
Revenue from General Fund Balance
Total GENERAL FUND resources available
For Fiscal Year Ending June 30, 1995
$ 67,779,010
5,286,844
213,500
925,000
$ 74.204.354
SECTION II - REGULAR SCHOOL FUND
That the following sums of money be and the same hereby are appro-
priated for SCHOOL purposes herein specified for the fiscal year ending
June 30, 1995:
Paragraph One
FQr the current expenses of the REGULAR SCHOOL FUND the sum of
sixty ~illion, eight hundred thirty-seven thousand, five hundred thirty
dollar$ and no cents ($60,837,530) is appropriated from the School Fund to
be app~rtioned as follows:
I
1. Instruction
2. Administration, Attendance & Health
3. Pupil Transportation Services
4. Facilities Operation/Maintenance
5~ Facilities Construction/Modification
6. Other Uses of Funds
$ 46,811,974
2,235,441
4,603,866
6,208,433
108,306
869,510
$ 60.837.530
SUMMARY
T~tal Regular School Funds for Fiscal
Y~ar Ending June 30, 1995
$ 60.837.530
To be Ijlrovided
'Revenue
iRevenue
Revenue
as follows:
from Local Sources (General
from Local Sources (School
from the Commonwealth
Fund Transfer)
Fund Balance)
$ 36,804,945
798,118
22,238,752
F
one mi
cents
apport
L
2.
3.
4
5
Chapter I
Chapter II
Migrant Education
Title II
Carl Perkins
$
537,931
43,263
74,517
27,225
101,320
SUMMARY
T tal FEDERAL PROGRAMS FUND appropriations for
F'scal Year Ending June 30, 1995
T be provided as follows:
Revenue from the Federal Government $
Total FEDERAL PROGRAMS FUND resources available
For Fiscal Year Ending June 30, 1995 $
Paragraph Seven
$
784.256
784.256
784.256
r the current expenses of COMMUNITY EDUCATION the sum of
lion thirty-one thousand seven hundred seventy-five dollars and no
$1,031,775) is appropriated from the Community Education Fund to be
oned as follows:
1
Summer School
1
Community Education
$ 1,031,775
$
1, 031, 775
SUMMARY
T tal COMMUNITY EDUCATION FUND appropriations for
F scal Year Ending June 30, 1995
T be provided as follows:
Revenues from Tuition
Revenues from Driver's Education Fees
Total COMMUNITY EDUCATION FUND resources
For Fiscal Year Ending June 30, 1995
available
$
923,932
107,843
1, 031, 775
F r the current expenses of SUMMER SCHOOL the sum of two hundred
eighte n thousand dollars and no cents ($218,000) is appropriated from the
Summer School fund to be apportioned as follows:
Paragraph Eight
SUMMARY
T tal SUMMER SCHOOL appropriations for
F'scal Year Ending June 30, 1995
T be provided as follows:
Revenues from Tuition
Total SUMMER SCHOOL FUND resources available
For Fiscal Year Ending June 30, 1995 $
$
218,000
$
218.000
218,000
218,000
A
sectio
dition
terms
S
priati
Fund,
School
progra
to be
being
if nec
and av
are su
A
Superv
includ
submit
agency
or by
Superv
make e
make t
of the
SECTION V
of the monies appropriated as shown by the contained items in
I through III are appropriated upon the provisos, terms, con-
, and provisions hereinbefore set forth in connection with said
nd those set forth in this section.
Paragraph One
bject to the qualifications in this ordinance contained, all appro-
ns made out of the General Fund, the School Fund, the Cafeteria
he Albemarle Food Service Fund, the McIntire Trust Fund, the Pre-
Grant Fund, the Debt Service Fund, Prep Program Fund, Federal
s Fund, Community Education Fund, Summer School Fund, are declared
aximum, conditional and proportionate appropriations--the purpose
o make the appropriations payable in full in the amount named herein
ssary and then only in the event the aggregate revenues collected
ilable during the fiscal year for which the appropriations are made
ficient to pay all of the appropriations in full.
o
the said a
riations shall be deemed to be a able
i
the total sum of all realized revenue of
t
ective funds is to the total amount of revenue estimated
in the said fiscal
the Board of
S
Paragraph Two
1 revenue received by any agency under the control of the Board of
sors or by the School Board or by the Social Services Board not
d in its estimate of revenue for the financing of the fund budget as
ed to the Board of Supervisors may not be expended by the said
under the control of the Board of Supervisors or by the School Board
he Board of Public Welfare without the consent of the Board of
sors being first obtained. Nor may any of these agencies or boards
penditures which will exceed a specific item of an appropriation or
ansfers between specific items of appropriation without the consent
Director of Finance being first obtained.
Paragraph Three
A 1 balances of appropriations payable out of the General fund of the
County treasury at the close of business on the thirtieth (30th) day of
June, 995, except as otherwise provided for, are hereby declared to be
lapsed into the County treasury and shall be used for the payment of the
approp iations which may be made in the appropriation ordinance for the
next f.scal year, beginning July 1, 1995. However, nothing in this para-
graph hall be construed to be applicable to the School Fund, capital
Improv ments Fund, Cafeteria Fund, Albemarle Food Service Fund, Pre-School
Grant Fund, McIntire Trust Fund, Debt Service Fund, Prep Program Fund,
Federal Programs Fund, Community Education Fund or Summer School Fund, but
any balance available in these funds shall be used in financing the
proposed expenditures of these funds for the fiscal year beginning July 1,
1995.
Paragraph Four
No obligations for goods, materials, supplies, equipment or contrac-
tual services for any purpose may be incurred by any department, bureau,
agency, or individual under the direct control of the Board of Supervisors
except by requisition to the purchasing agent; provided, however, no
requisition for contractual services--such as communications, travel,
freight, express--and membership fees and subscriptions shall be required;
and provided further that no requisition for contractual services involving
the issuance of a contract on a competitive bid basis shall be required,
but such contract shall be approved by the head of the contracting depart-
ment, bureau, agency, or individual and the Purchasing Agent, who shall be
responsible for securing such competitive bids on the basis of specifi-
cation furnished by the contracting department, bureau, agency or
individual.
In the event of the failure for any reason of approval herein required
for such contracts, said contract shall be awarded through appropriate
action of the Board of Supervisors.
Any obliqations incurred contrary to the purchasinq procedures
prescribed in the Albemarle County purchasing Manual shall not be
considered obliqations of the County. and the Director of Finance
shall not issue any warrants in payment of such obliqations.
Paragraph Five
Allowances out of any of the appropriations made in this ordinance by
any or all County departments, bureaus, or agencies under the control of
the Board of Supervisors to any of their officers and employees for expense
on account of the use of such officers and employees of their personal
automobiles in the discharge of their official duties shall be paid at the
same rate as that established by the State of Virginia for its employees
and shall be subject to change from time to time to maintain like rates.
Paragraph six
All travel expense accounts shall be submitted on forms and according
to regulations prescribed or approved by the Director of Finance.
Paragraph Seven
A 1 ordinances and parts of ordinances inconsistent with the pro-
visionl of this ordinance shall be and the same are hereby repealed.
Paragraph Eight
Tl is ordinance shall become effective on July first, nineteen hundred
and nilety-four.
RWW/
94.022
'-'" ?:--'iLJi~
, ---(It!..e!;j_~)
COUNTY OF ALBEMARLE
MEMORANDUM
DATE:
fiE:
Board of Supervisors
All")!"'"
Ella W. Carey, Clerk, CMC .~
June 3, 1994
Appointments to Various Boards and Commissions
TO:
FROM:
Following is a list of current member on board and commissions who wish to be reappointed:
J0int Airport Commission: Two vacancies. Mr. Steward Malone and Mr. William Kehoe are currently serving
w~th terms ending December I, 1994. Mr. Malone has served two, three-year terms and is not eligible for
rtlappointment. Mr. Kehoe has expressed his desire to be reappointed as the joint representative for the County
and City. The terms of these appointments will expire December I, 1997. Interviews are currently being scheduled.
BpCA Code Board of Appeals: Two vacancies. Mr. John Hood is currently serving with term ending August 21,
1994. Mr. William C. Thacker has resigned from this Board. Mr. Hood has expressed his desire to be
rltappointed. The appointees to this Board also serve on the Fire Prevention Code of Appeals. The terms of these
appointments will expire November 21, 1999. Interviews are currently being scheduled.
F re Prevention Code of A eals: Two vacancies. Mr. John Hood is currently serving with term ending August
2" 1994. Mr. William C. Thacker has resigned from this Board. Mr. Hood has expressed his desire to be
r~appointed. The appointees to this Board also serve on the BOCA Code Board of Appeals. The terms of these
al!>pointments will expire November 21, 1999. Interviews are currently being scheduled.
TJ Emerl!encv Medical Services Council: One vacancy. Mr. John Hood is currently serving with term ending
December 31, 1994. Mr. Hood does not wish to be reappointed. The term of this appointment will expire December
3., 1997. No applications were received, this vacancy will be readvertised.
llhomas Jefferson Housinl! Improvements Corporation: One vacancy. Mr. Robert S. Parrott, Jr. is currently
serving with term ending October 9, 1994. Mr. Parrott has expressed his desire to be reappointed. The term
of this appointment will expire October 9, 1997.
Jprdan Development Corporation: Two vacancies. Ms. Lisa Keyes Glass and Ms. Nancy Whiting Barnett are
currently serving with terms ending August 13, 1994. Ms. Glass had expressed her desire to be reappointed.
Ms. Barnett does not wish to be reappointed. The terms of these appointments will expire August 13, 1995.
Interviews are currently being scheduled.
Public Recreational Facilities Authoritv: Four vacancies. Messrs. Andrew Middleditch, Ricardo Eugenio Preve,
~d G. David Emmitt, and Ms. Norma J. Diehl are currently serving with terms ending December 31, 1994. Messrs.
Middleditch, Emmit and Preve have expressed their desires to be reappointed. Ms. Diehl does not wish to be
reappointed. The terms of these appointments will expire December 31, 1997. No applications were received, this
vacancy will be readvertised.
Ewe/jng
FORMS\APPTLST.UPD
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PIEDMONT ENVIRONMENTAL COUNCIL
Pr(llI~Clill;.; 1ht CtW(IlJIIIIl",lt is Ll1I!rYI1O,t,I/S HIISI/Il'$s
xJ-I2;1 t.1"' ~, . t:~t(
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June 2, 1994
The Bon. Forrest R. Marshall, Jr.
Albemarle Countr Board ot 6uporv1sors
401 McIntire Road
Charlottesv~lle, VA 229UZ-4~9b
Dear Mr. MarBhalll
I ~ writing to yuu on bebalt ol the CharlotteBv1l1el
,Albemarle Board of the Piedmont Environmsntal Cnuncil
I (~~C). A copy ot th1s letter 1s being sent to each member
of the BOard of Supervisors.
p~c 1s very Concerned about the apparent willin~ness of the
Cuunty to entertain !,1acemEtal a1nfOlnelment.liI to th. Comprehen-
sive ~lan on the eve of the Plan's review. For example,
the Board reCently approvea a Comprehensive Plan amendment
I submitted by the Towers Land Tru8t. Also, Staff has now
!be9un ~evi~winq three other comprehens1ve Plan amendments
I in th9 Holl~ad Gro~h Area. Finally, tho Board h_e &leo
rdiLected the ~lannin9 Commission to proceed with the
amendment Bubmitted ])y the Univers1ty ot virq1nia keal
Estate Foundation, although UR!F has yet to re.submit its
proposAl for development.
In our jUdgment, these actions seriously undermine the
Comprehensive Plan 8S an instrument of lonq-range planning
and land use policy. Decisions to add new large areas of
residential, commercial, or industrial development,
I cer't:.Q.inly those g-enel:"ALed by tllts utt.,1uus of a Bingle
landowner, should be considered in the context of the
I overa.ll neec.1s of the community. ReviQwiDg 8nr.h Tt:lqu8atg
within the context of the entire plan will allow the Board
I and Statf to <ietermine whether and where the need for new
hvuDl11~ and industry eXists ana how tnat need can best be
sati8fied at the lowe8t poa8ible cost in schools,
utilities, and 8srvioas.
I We appreciate the tact that U~~ 18 anxious to begin
' planning 1~s aeve!opment, an anxiety surely generated in
large part by concern that the len9th of t1me now
appftrfl!!n1o.1y s...l 6sid9 by the Board ~or .1ts ro1J'.1ow ot the
Plan stretches decision making too far into the future.
PEe shares tha~ Concern. It the process were accelerated,
review of the Comprehensive Plan amendments could proceed
45 I IOfn~1 Strl!~t, lJox 460, Warrl~ntlm, Virginia 22] !-in/703~:?\47-2334/I:~~ 319 9(}O:~
1010 Harri,'l Slreet, Suite 1, Charloltesvillc, Virginia 22901/804-977-2033
~
The Hon. Forrest R. Marshall, Jr.
June 2, 1994
Paga 2
apace with r~view of the Flan itself. Accelerating the review of
the entire Plan would also help keep the pUblic involved: if the
process is too long, citi~ens can lose interest ana stop
participat:ing_ Furthermore, not.. only thtil pub11c bUt protess1onals
and decision makers as well can lose siqht of the connections
between issues and require time-w4stioQ iterat10nB to st.y on
track.
Ono WlLY -too ~ceolel:t.lL,,= t..htf pJ;;ocess WOU1.Q De to use the County
Staff's expertise and knowledge, rather than relying on out-of-
town consultants for surveys, public relatione, and vision. If
Staff were to take the lead in reviewing the Plan and involving
the pUblic, perhaps the County could avoid the delays we have
experienced witb other projeots hired out to consultants, such as
the fiscal tmpact model study, E911 mapping, the telephone survey,
,and the public part.i.cipat:ion ClIffort8. ReviewinC) the:. COI'llpLllhens1ve
Plan amendments in a coordinated fashion with review of the Plan
itself would also enable Staff to work more efficiently becausA
th~ analysis neeaed for the one would simplify the review of the
other. PEe is particularly concerned, I miqht add, about the
failuTA of t:h9 fisoal impaot; conunittee 4:3 yet tu produce a mod.el
because ot the vital importance of this kind of analysis to
implementing overall planning decisions. This parti~ular 8tudy
has been pending now for over two years.
An 4ce.1.~&Led, on~rqet1c review or the Plan, includin9 review of
amendments, will keep the Supervisors, the Planninq Commission,
the Staff, and the public best focused on the issues and their
inter-relation. The very complexity of the Plan demands an
$xpeditious review. If, on the other hand, the process moves
gluggiehly, the vital conne~tion8 will be !ost between data and
~easoninq, action and consequence, 90al and strategy, our vision
4nd how to ~each it. PEe now ~Rkg you, thQ leadors of Albemarle
County, to establish the scope and pace of review--and a schedule
tor such review--likely to result expeditiously in a Comprehensive
~lan that will re!l~ct the needs and wants of the entire
qommunity.
Biinoerely,
e.-. 4..- ~/~
Reuben Clark, Cha1r.man
Charlotteaville/Albemarle BoArd
PIEDMONT ENVIRONMENTAL COUNCIL
P"'tt'LfiIl8 'Hw f;mn'rOl/1mmt ls f,llel',VI)od~(S 1:11~S"tUS.';;
June 2, 1994
Ks. AnitA Shelburne
~dito~ial page Edito~
tho DQily P~o9ro..
710 Rio Road
Cluu:lotte8ville, VA 22g01
Dear MS. Shelburne:
In recent months, con.8iderable attention 1148 been paid to the
validity or the "land use tax" as a conserva~:tnn and t1,.cal t':onl
t:.Ul. AllJenuu It:! cuuut)'. This tax allows rural larn.t to be taxed at a
value ret!ecting its actual 4vricultural use rather than the more
6pecu~at1ve value generatea Dy the potent1al tor aevelopment.
~h@ 1and use tax clearly haa a11o~.d manf rural 1an4ownere to
Oonserve ratner than develop their lana, all to the substantial
~nvironmental benetit ot Albemarle county. On the other hand, as
~ecent c4iticB have polnte~ out, this program has, by reducing
carrying costs, often enable4 4 number of local developers and
lIam1 llfp4iilculatorB -eo hold rura1 J.antt more ohea.ply for fut;urCi::
development.
CU~I.,",ntly Albema.rle County "deters" about $~.4 million annually in
~e61 estate taxes due to the land use tax. These are aOllars
which would be c:ollectect currently from. rural landowners 1tl.l1ere
were no l~ncl use ta.x. This i8 unquestionably a lot ot money and.
County citizens have a r1ght cuntinuously to review, and to demand
4l=counlClbility t.cOllt, the land use tax program.
The P'ie<bnoDt DnviJ;onm@n~Cll CouneJ..l ("PISC'" I wn1cn nae lOBi Deen an
advocdte of the land use tax program as a constructive fiscal
~chanism to encou.T.'Clqe z'ura.1 land conservl/tt:1on, 9UPfOri::s SUCh a
review. To this end, there are ~port4nt tacts that we want to
introduce intO' the debate which speak to the essent1al1tyof this
~~V9~QUI tUL a1bemA~le coun~y. ~owever, we WOU!d a!80 Offer a
suqqestion to~ improving Albemarle'S land use program Which we
~lieve would adcreS9 mo8~ n~ ~he 189~t~a~Q critlai.~ ~b.t have
~en DUlde.
4:', J lonll.:J Strc~!l, Box 460, Wctrrel1l0n, Virginia 22186/703<-l47-2334/flax 349.900,3
1010 Harris Street, Suite 1, Charlottt!sviJlp., VirB'i.nill 22901/804-977-203.1
Ms. Anita SllelLJu1.lle
June 2, 1~Sl4
Pege 2
~irst, some facta;
1. Land in the land a58 ~.x fcoVr.. w.n.r.~.. aDDu.l oet
~ax surp1u... ~o A1b..arl. coun~r. %~ is ..~1..~.d
tbat in 1"3 this 8urplu5 was oyer .3 .1111on.
Thia $urpluS comes about becau1iI$, tlven at reduced tax rates,
undeveloped rural land costs county taxpayers only about $0.21 in
county Berv~aeB for everr $1.00 it generateB in ~e~l eatQte tQ~
revenues. This result compares motlt tClvorably w1tb the $1.16 in
services demanded by residentially developed land tor eve~ $1.00
such land 9f1n.~ate. in ~.al estate tAX :revenue..
ThUS, un~ev81ope~ rural 14nd todoy, even at reQuoed laua use td~
rates, Bub8~antially 8ubeidi.ee residential development 1n
Albemarle County. 8limina'ting the land use tax pr09ram, which
could torce some farmers to Bell out to developers an~ d18courage
others trom conStrUCting ~provements tc land having a high
~88ess.d value, ~9ht aCtuallY 1ncrea8e the burden on Countr
taxparers rather than reduce it. such conseiuences would be the
worat ot all worlds for ~h. c1~1~en. O~ A1bemarle Countf.
2. 2'b.. 1.lIeI 11.. to.. do.. Dot _,,1J to re.ideut.i.1 land,
re.1degc.. aad o~h.r ~.frov...llt..
~he reduoed ta~ rate8 .11owe~ unae~ the 1an4 use pr09r~ do not
give rural landowners a break on anf lan~ in residential use, or
on houses, bArna, or any otber impt:uvellleut on their land. The
I,'educt!d 1.-a.teB apply ~ to land actually in a9r1culturalt
urcluu;d, or op~n space use. And because a prist1ne rural setting
otten enhances tho app~A1aAL on ~e8idenceD, lAnd preserved by the
land uae t~x ma.y add to the G8sessed value ot rural res1dences
tbex:eby Actually increaslng County tax revenues.
3. A9rtculture re..taB aD i.por~.Dt par~ of Alb.marl.'.
.~o.g.J aDd .bou1d be ..cour.V.d.
Albemarle ranks 20th out ot 91 rural juriSdictionR in Virginia in
tbe value ot agricultural products proauce~ annually: over '19
million per year. Albemarle ranKS 2n~ in 9rape prOduction!. 3rd in
kurBeB; ~~h in apPle.; ~tn 1n nay; ~tn ~n pine stumpage va uei
10th in forest products total added value, 14th in Bhe.p and
lambs; 16th in hAAt cattl8' an4 22na in bardwood .~umpa,evalue.
Furtbe~or., aqriculture in Albema~le COunty provides employ.ment
for approximately 700 people.
~dditionally, AgriCUlture contr~bute8 as much as any other single
flllct:()( 1:'.0 Albvmarle County'. tnternational X'cputat;1.0n AS one of
the moat beautitul communities 1n the wor~d in wbich to live. HS.
. "-.
Anita Shelburne
Juno 2, 1994
paqa 3
This :t"eputAtion contributes immeasurably to what is one ot the
m05L vibr4n~ loc~l econo~e. ~n Lhe Uult~d ~~at~~. p~c bu11eve~
that protitable farming remains a major bast10n check~n9 the
cLeep1ng deqr4dation of our rural countryside and that it must
continue to be encouraged, not penalized, by Albema.rle County.
.. rhe c.p.c~tr ~or re.1a.D~la~ aavelop.eAt unGer our
.a1.~tD9 rural SOB!Ai tar exceed. de.anG.
Cu:r:.x::ent Alb$IlU\rle County zon1n9 all.Ows between 26,000 and 42,UOO
new lut~ to be developed in the oounty's rural areas. Atcurrent
ctevelopment :r:ates, thia 18 more tban a 75-year supply. The
8uggeation that rural landowners should be taxea otf tbe1r land to
create n~~e putential for re.ident~a1 deve~opmont in the rura~
areAS ie, if noL prepo8te~ou., au:t"elf counter.product1ve.
A eU99oet.1.0nl
~~c bol~uveu thot the ~ore901nq tac~s supporl cont1nuat~un uf the
land use tax program in Albemarle county; but we think experience
demonstrates that some modifications ma.y be in order. The,re lA a
simple response to legit~dte criticisms Of the land use proqram:
limit the availability ot the land use tAX to those lando~er8 who
D.r6 wi~~1.u9 Lv UIClN:. a L~cu.uua.bltit cOllllrl:~=.ment to .Keeping tnelr l.and
ill dqricultural use. Such a mod.ification would eliminate the land
$Pecul~~or8 who cur~ontly take advantagp. n~ B le91t1ma~e proiram
for land conservation. It would better insure that county
taxp~yer8 are geL~ing wh~t they wantl land oonservation.
Unde:t" current state law, it is possible tor the Albemarle County
Board ot SuperviA~rs to am~nd the land u.e tax program to limit
I.u.(ul lAnd eligible tor the program to land which is legally
L'ellltricted to "open space" USe. T111s would include all fatmland,
QrchardS, or other rural land which the owner has placed in an
Agricultural ):l'orestal District; or has plaoed under a permanent
con8~rvdtion e4Mement; or has rogtr1c~ed to rural aDS for at leuat
five years under a written aqreemant with the County. Exoept for
the conser~atlun easement, the restrlct10ns 49aiost development
required by such an "open space 1\ category would be temporary; but
they should be of sufficient duration to insure that the County i8
really get:'ting oomet,bing for it.. investGltJl1t in lane! conservat1on
through the land U8e tax program.
1\l:n:atly over 73,000 acres of land in Albemarle have been
voluntarily put into Aqrioultural Forestal Districts by
londowno.e; Qn~ VV~L 10,000 acres have Deen VOluntarily placed
under permanent conservation easement by landowners. All of this
land meets the criteria foT. t:ha "open spacQM cat.egory and, under
\.. "',
. I.
I
j
he County need.s to do a h8tt:Ar jnh Of 8e~arat:in9 land.owners \\1ho
re serious about keeping their land for 4irlcultura1 purposes
rom landowners who are simply interested. in gettini a tax break
hile they 8pecula~e in rural land. We believe that most rural
landownauJ agree witb this goal and WOUld see 1t as a necessary
I!Il 'ep 1..0 t.h... pn:tl'Jt:lL.VatioIl ot thi8 important program. I.1m1t.1ng
e igiblli'ty for the land use proqram to land in the "open epace"
c tegory would eifectively acoomplish th1s qoa1. The
A bemarle/char!ottesvi1le Board of the Piedmont Environmental
o uncil so recommends to the Board or Superv1sors.
8. Anita. SJ)albul.'IlE:l
2, 1994
age 4
is entitled to land use tax benefits regaraless ot
not Albemarle retalns ltB lanQ use tax program.
nwmd'j 119 T.he County' 8 land Ulile proljJram to 11mi t i. t to land
ualifyiDq to:.: the open slr'ace category 1s a recommenc1at1on tbat
4~ fil.'~t made in 19'0 by the Viaeal Resources Advisory Comm1ttee,
ppo1nte~ by the BOard ot Supervisors to conS1~er ways of
mproving the Coun~Y'8 financial position. The Coun~y declined to
'olluw th. recommend.at1on or thio comm1ttGG D&C4U$8 tho reGct10n
rom A number of rur~l landowners was, correCtly, that their lana
. as &lxeady subsidizing residential development and that they
hould not be asked to give up development potential as well.
8 noted a.bove, we agree thAt th~Ule la.nd.ownerll have (\ puint.
evel:thele8s, it appears that the current penalt1es tor taking
and out ot the program for development purposes (such 8S the
ive-year /. roll-back" to collect deterrea taxes when the land is
eveloped) have proved 1na~equate to d1scourage abuse of the
r09ra,m 11)' .J:lWUUla.~ULtI w.1.tll short: t:erm n01Q1n98.
1~1.e.- ~
Ruben Cla:rk
C14ir.man, Albemarle/Charlottesville Board
P edmont EnvironmentAl Council
R ute 1, BOx 370
N rth Gaxdtio, VA 229~9