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Home My WebLink About1993-11-03 FIN A L 9:00 A.M. November 3, 1993 YOUTH-IN-GOVERNMENT DAY Room 7, County Office Building 1) 2) 3) 4) 5) 6) 7) Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet) . Approval of Minutes: May 13(A) and November 4, 1992; July 14 and August 18, 1993. Transportation Matters: a) Discussion: Crosswalk in front of Albemarle High School. b) Other Transportation Matters. Request from A. G. Dillard to amend the service area boundaries of the Albemarle County Service Authority to include Tax Map 79, Parcel 4P, for water service. 10:00 a.m. - Public Hearing on an ordinance to amend and reenact Section 9-26 of the Code of Albemarle which would ban leaf burning in Hessian Hills, Sections 5, 6 and 7 (Old Forge Road) . Virginia Power: Presentation of "A Community Profile" brochure. Request from Sherry L. Joseph to create subdivision in the Sugar Hollow Agricultural/Forestal District. Discussion: Traffic Enforcement on Private Roads. Diocuooion. ZP~. 93 09 and 8r 93 20 for C. Todd 8hioldo (~dvonturoland). (Applicant requests indefinite deferral.) Discussion: Comprehensive Planning Panel. Discussion: Gainsharing Proposal. Board Guidance on the FY 1994-95 Budget. Discussion: Albemarle County 1994 Legislative Packet. Fire Service District Report. Authori~c Cnairffian to C)(ccute an addendum to leaoe agreement for Offender ~id & Rootoration to ~uarantoo oocurity dopooit. (Moved to Consent Agenda. ) Appropriations: a) G. E. Elfun Balance, Reappropriate $4,151.65 - (For.m #930031). b) School Division Transfer, $53,296 - (For.m #930035). c) Forest Fire Control, $163.45 - (For.m #930037). d) FY 1992-93 School Carryover Funds, $323,048 - (For.m #930038). Work Sessions: a) FY 1994-95/1998-99 Capital Improvements Program. b) CPA-93-04. Community Facilities Plan (Solid Waste Management Section) . 3:00 P.M. - Joint Meetinq with School Board. a) Discussion: Revenue Projections for FY 1994-95. b) Other Matters not Listed on the Agenda. Cancel November 10, 1993, Board meeting. Other Matters Not Listed on the Agenda from the BOARD. *Executive Session: Personnel and Legal Matters. Certify Executive Session. Adjourn. 8) 9) 1P) 1P-) 1~) 1~) 1~) 1~) 1~) 117) 1~) 1~) 2P) 2~) 2~) 2~) 2~) 2~) 2~) 2~) *It is expacted that the Board will hold an Executive Session under Virginia Code Section 2.1-344.A.1 (personnel matters) and 2.1-344.A.7 (legal matters) . CON S E N T AGENDA FbR APPROVAL: 5.1 Authorize Chairman to sign agreement with Town of Scottsville for development, maintenance and use of Dorrier Park. 5.2 Designate Fire Marshal and Assistant Fire Marshal for Albemarle County pursuant to Section 27-34.2:1 of the Code of Virginia. 5.2a Authorize Chair.man to execute an addendum to lease agreement for Offender Aid & Restoration to guarantee security deposit. FbR INFORMATION: 5.3 Copy of Planning Commission minutes for September 14; October 5 and October 12, 1993. 5.4 Copy of minutes of the Board of Directors of the Albemarle County Service Authority for September 16, 1993 (on file in Clerk's office) . 5.5 Status Report: Noise Ordinance. 5.6 Letter dated October 12, 1993 from The Honorable L. F. Payne, House of Representatives, to The Honorable John G. Milliken, Secretary of Transportation, re: Interchange at Interstate 64 and Avon Street (Route 742) . 5.7 Copy of Virqinia's Beef Industrv: A Study and Blueprint for the Year 2000 (on file in Clerk's office). 5.8 Letter dated September 1, 1993 from Dianne B. Pollard, Education Associate Specialist, Migrant Education & Chapter 1, to Robert W. Paskel, Division Superintendent, re: approval of application for support under ESEA Chapter 1, Migrant Education for Fiscal Year 1994. 5.9 Notice dated October 12, 1993 from the State Corporation Commission of an application filed by Yellow Cab Company of Charlottesville for a certifi- cate of public convenience and necessity as a common carrier of passen- gers by motor vehicle over irregular routes. 5.10 September, 1993 Financial Report. 5.11 Memorandum dated October 27, 1993 from Robert W. Tucker, Jr., County Executive, re: Urban Area Raw Water Storage and Household Hazardous Waste Collection Program. 5.12 Copy of minutes of the Board of Directors of the Rivanna Water & Sewer Authority dated September 27, 1993 and called meeting on September 28, 1993. 5.13 Letter dated October 27, 1993 from R. H. Connock, Jr., District Construction Engineer, Department of Transportation, re: Location and Design Public Hearing for proposed improvements to Route 682 (Project #0682-002-P33, C501) . 5.14 Letter dated October 27, 1993 from D. S. Roosevelt, Resident Engineer, Department of Transportation, re: monthly update on highway improvement projects currently under construction. Edward H. B in, Jr. Samuel Mil er 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 David P. Bo erman Charlottesv lIe Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall M E M 0 RAN DUM TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director/Planning & Community Development Ella W. Carey, Clerk, CMC ~~ FROM: DATE: November 4, 1993 SUBJECT: Board Actions of November 3, 1993 (Regular Day Meeting) Following is a list of actions taken by the Board at its eeting on November 3, 1993 (day meeting) : Agenda Item No.1. Called to Order at 9:06 A.M. Agenda Item NO.4. Other Matters Not Listed on the Agenda from the PUBLIC. There were none. Item 5.1. Authorize Chairman to sign agreement with Town of Scottsville for development, maintenance and use of Dorrier Park. AUTHORIZED Chairman to sign to attached agreement with Town of Scottsville for development, maintenance and use of Dorrier Park. Item 5.2. Designate Fire Marshall and Assistant Fire Marshall for Albemarle County pursuant to Section 27-34.2:1 of Code of Virginia. Item 5.2a. Authorize Chairman to execute an addendum to ase agreement for Offender Aid & Restoration to guarantee s curity deposit. DESIGNATED Mr. Carl Pumphrey as Fire Marshall and Mr. Bruce as Assistant Fire Marshall. * Printed on recycled paper To: Robert W. Tucker V. Wayne Cilimberg E age: 2 AUTHORIZED Chairman to execute the attached addendum to lease agreement. Item 5.6. Letter dated October 12, 1993 from The Honorable I. F. Payne, House of Representatives, to The Honorable John G. ~illiken, Secretary of Transportation, re: Interchange at lnterstate 64 and Avon Street (Route 742) . CONSENSUS of the Board that Mr. Tucker draft a letter to Congressman Bliley, Senator Warner and Senator Robb for the Chairman's signature informing them of Congressman Payne's fosition in supporting the interchange at Interstate 64 and Avon Etreet (Route 742) and requesting that they join in that support. Agenda Item No.7. Transportation Matters: a) Echool. Discussion: Crosswalk in front of Albemarle High The Board requested that VDoT's traffic engineer look at this situation and determine the delay involved in putting a walk signal in front of Albemarle High School. Mr. Roosevelt is also to bring information back to the Board on December 1, 1993 regarding four way traffic stop and the effect it would have on traffic at this location. Mr. Bowerman also asked staff to report on placing crossing guards in front of Albemarle High School. b) Other Transportation Matters. Mr. Bowerman asked Mr. Roosevelt to give the Board a phone number to the person who is directly involved with the Route 29 North project. Mrs. Humphris said she has seen a drawing which showed Georgetown Road extending across Barracks Road, through the Boothe property and hooking up to the easement that this Board would not abandon into Westminster Road. The Board requested staff send a memorandum to the Board regarding the reason why the County chose not to abandon the easement and Mrs. Humphris will forward it to the Homeowner's Association. To: Robert W. Tucker V. Wayne Cilimberg E age: 3 Agenda Item No.8. Request from A. G. Dillard to amend the Eervice area boundaries of the Albemarle County Service Authority to include Tax Map 79, Parcel 4P, for water service. SET public hearing on December 8, 1993. Staff is to present rrore information on considering water only and fire suppression to existing structures and zonings. The Board also requested that the Albemarle County Service Authority report on how it ~ould proceed with a fire suppression designation. Agenda Item No.9. 10:00 a.m. - Public Hearing on an crdinance to amend and reenact Section 9-26 of the Code of ~lbemarle which would ban leaf burning in Hessian Hills, Sections =, 6 and 7 (Old Forge Road). ADOPTED the attached Ordinance. Agenda Item No. 10. Virginia Power: Community Profilell brochure. Presentation of IIA Presentation only, no action. Agenda Item No. 11. Request from Sherry L. Joseph to create subdivision in the Sugar Hollow Agricultural/Forestal District. APPROVED request from Sherry L. Joseph to divide 17.742 acres from Tax Map 26, Parcel lOB and added it to Tax Map 25, Earcel 28, in the Sugar Hollow Agricultural/Forestal District. Agenda Item No. 12. Discussion: Traffic Enforcement on Private Roads. SET public hearing on December 8, 1993, to amend the Albemarle County Code, Section 12-41, to establish a new section designating the portion of Greenbrier Drive within Townwood as a highway for law enforcement purposes. Agenda Item No. 13. Discussion: ZMA-93-09 and SP-93-20 for C. Todd Shields (Adventureland) (Mr. Shields requests ibdefinite deferral.) No action. Agenda Item No. 14. Discussion: Comprehensive Planning P~nel. To: Robert W. Tucker V. Wayne Cilimberg E age: 4 CONSENSUS of the Board that staff contact various ~ndividuals and set up a forum which would become one of the Earliest sessions held in the Comprehensive Plan update process. ~his is to be brought back to the Board at its December or Lanuary meeting. Agenda Item No. 15. Discussion: Gainsharing Proposal. CONSENSUS of the Board that the County Executive be given the flexibility of offering gainsharing incentives to employees as a pilot program. Staff to provide a policy for implementation in the Board's December packet. Agenda Item No. 16. Board Guidance on the FY 1994-95 Eudget. CONSENSUS of the Board to approve the proposed distribution cf FY 1994-95 revenues to general government and the school civision, as well as the recommended use of the VPSA refund and Echool carry-over funds to help cover the one-time costs of cpening the new middle school. Agenda Item No. 17. Discussion: Albemarle County 1994 legislative Packet. No action. Agenda Item No. 18. Fire Service District Report. The Board requested staff to compile data, for six months, on fire service and related services the County receives from the City. The data should include the number of calls, where the calls come from, the nature of the calls, turnaround time, false alarms, number of responders, etc. The Board will then review t~is information prior to June, 1994. Agenda Item No. 20. Appropriations: a) #930031) G. E. Elfun Balance, Reappropriate $4,151.65 - (Form APPROVED. Appropriation form forwarded to Melvin Breeden. b) School Division Transfer, $53,296 - (Form #930035) . APPROVED. Appropriation form forwarded to Melvin Breeden. To: Robert W. Tucker V. Wayne Cilimberg E age: 5 c) Forest Fire Control, $163.45 - (Form #930037). APPROVED. Appropriation form forwarded to Melvin Breeden. d) ~ 930038) FY 1992-93 School Carryover Funds, $323,048 - (Form APPROVED. Appropriation form forwarded to Melvin Breeden. Agenda Item No. 21. Work Sessions: a) FY 1994-95/1998-99 Capital Improvements Program. Mr. Bain requested a status report on the Parks & Recreation renovation project at Crozet Park. b) CPA-93-04. Community Facilities Plan (Solid Waste ~anagement Section) . Staff lS to contact environmental groups, i.e., piedmont Environmental Council, Citizens for Albemarle, etc., and the haulers to see if they are in general accord with the recommendations. If there are aspects of the report that need to be addressed prior to the public hearing, that should be done. The Board set a public hearing for December 8 on CPA-93-04. (Note: Unless some items drop off December 8, we will move this to December 15.) Agenda Item No. 22. Board. 3:00 P.M. - Joint Meeting with School a) Discussion: Revenue Projections for FY 1994-95. Discussed, no action. Agenda Item No. 23. Cancel November 10, 1993, Board m~eting. The Board canceled the Board meeting of November 10. Agenda Item No. 24. Other Matters Not Listed on the Agenda flrom the BOARD. To: Robert W. Tucker V. Wayne Cilimberg E age: 6 Mrs. Humphris asked that letters such as one received from the League of Women Voters be placed on the consent agenda instead of being forwarded to the Board as non-agenda information items. Mrs. Humphris said Tom Muncaster had looked at the new alignment for Alternative 10 and tried to overlay it with the Eerkmar Drive Extension. He thought there was a conflict. She asked staff to look at this and see how Berkmar is impacted. EWC: jng Attachments (1) cc: Richard E. Huff, II Roxanne White Bruce Woodzell Amelia G. McCulley Jo Higgins George R. St. John File - . ~ ). 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Box 2013 Crarlottesville, VA 22902-0013 D~ar Mr, Roosevelt: Following is a list of actions taken by the Board at its meeting on Npvember 3, 1993 (day meeting) : Agenda Item NO.7. Transportation Matters: a) Discussion: Crosswalk in front of Albemarle High School. The Board requested that VDoT's traffic engineer look at this situation and determine the delay involved in putting a walk signal in front of Albemarle High School. Mr. Roosevelt is also to bring information back to the Board on December 1, 1993 regarding four way traffic stop and the effect it would have on traffic at this location. Mr. Bowerman also asked staff to report on placing crossing guards in front of Albemarle High School. b) Other Transportation Matters, Mr. Bowerman asked Mr. Roosevelt to give the Board a phone number to the person who is directly involved with the Route 29 North project. Mrs. Humphris said she has seen a drawing which showed Georgetown Road extending across Barracks Road, through the Boothe property and hooking up to the easement that this Board would not abandon into Westminster Road. The Board requested staff send a memorandum to the Board regarding the reason why the County chose not to abandon thE, easement and Mrs. Humphris will forward it to the Homeowner's Association. Agenda Item No. 12. Discussion: Traffic Enforcement on Private Roads. * Printed on recycled paper I Mr, Dan Roosevelt September 3, 1993 Page 2 SET public hearing on December 8, 1993, to amend the Albemarle County Code, Section 12-41, to establish a new section designating the portion of Greenbrier Drive within Townwood as a highway for law enforcement purposes. EWC/jng FORMS\VDOTACT.LTR Sincerely, C'- I / /.1 /~' z:.'L~f\__- cq Cfl.1.iJJ{' Ella W. Carey, Clerk; CMC Board of Supervisor? cc: Robert W. Tucker Richard E. Huff, II Jo Higgins COUNTY OF ALBEMARLE MEMORANDUM E: Melvin Breeden, Director of Finance Ella W. Carey, Clerk, CMC av~ November 4, 1993 Board Actions of November 3, 1993 At the Board of Supervisors meeting on November 3, 1993, the Bard took the following action: Item 5.2a. Authorize Chairman to execute an addendum to 1 ase agreement for Offender Aid & Restoration to guarantee s curity deposit. AUTHORIZED Chairman to execute the addendum to lease agree- (copy attached) . Agenda Item No. 20. Appropriations: a) G. E. Elfun Balance, Reappropriate $4,151.65 - (Form # 30031). APPROVED. Appropriation form #930031. b) School Division Transfer, $53,296 - (Form #930035). APPROVED. Appropriation form #930035. c) Forest Fire Control, $163.45 - (Form #930037). APPROVED. Appropriation form #930037. To: Page: Melvin Breeden 2 d) FY 1992-93 School Carryover Funds, $323,048 - (Form #930038) . APPROVED. Appropriation form #930038. EWC/jng Attachments cc: Robert Tucker Richard Huff Roxanne White Robert Paskel r .. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY JO-h<1-S?; SUBJECT Request sign agr regard in use of D ACTION: AGENDA T Agreemen Park Town of Scottsville - Dorrier AGENDA DATE: November 3, 1993 ITEM NUMBER: Q3. \ \C3.lS.1) INFORMATION: CONSENT AGENDA: ACTION: -1L- INFORMATION: STAFF CO Messrs. REVIEWED BY: --- ATTACHMENTS: Yes Mullaney BACKGRO In June of 1992, County Parks and Recreation staff met with about 60 scottsville area residen s to discuss future recreation needs. As a result of this meeting, a group of interes ed individuals has continued to meet on a regular basis. This group, now known as the Sco tsville Parks Development Association, has developed a plan for recreational improve ents for the scottsville Community Center property and the adjacent field owned by the Tow of Scottsville. A five year plan for funding these improvements was included in the 1993-94 CIP. Proposed improvements include playground equipment, 2 baseball fields, soccer and lac osse goals, picnic shelter, outdoor basketball goals, rest room access and tennis courts. Since the majority of the development would occur on Town property, staff feels that a forma agreement should be signed to protect the County's investment. DISCUSS ON: Develop'ng the Town property along with the adjacent Community Center property is desirable in orde to fulfill the Community Facilities Plan recommendation to provide district level park se vice to scottsville. Funding for playground equipment was appropriated in July of 1993. he next priority for funding is to restore the two baseball fields destroyed during the truction of the levy. The fields were used heavily before they were destroyed and are urgently needed for the growing Scottsville youth baseball program. The agr ement was developed by the County Attorney's Office and is patterned after the Crozet Park ag eement. According to the agreement, the County will make recreation improvements to the Tow property, subject to annual appropriation by the Board, and mow and trim the grounds. In return the Town assures that the property will remain available for recreational and pub ic use until the County and Town agree otherwise. Mayor Thacker has signed the agreeme t of behalf of the Town. that the Chairman be authorized to sign the agreement on behalf of the ill (II 9'11I' 93.159 ! JBOARD 0;: ::..'. '.. , " 0' AL!.Y2 $.... :14. 8 T t; ~ " 'jJ v/1tGl~\i' Edward H. B In. Jr Samuei Mill r 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 ScotfsvilJe David P. Bow rman CharlotlesviJ e Charles S Martin Rivanna Charlotte Y. ~ UmphTl5 Jack Jouett Walter F. Perkins White Hall November 5, 1993 Mayor A. Raymon Thacker Town of Scottsville Scottsville, Virginia 24590 D~ar Mayor Thacker: Enclosed, please find a copy of the agreement with the Town of S~ottsville that the Board of Supervisors authorized the Chairman tp sign, at its meeting on November 3, 1993, regarding the d~velopment, maintenance and use of Dorrier Park. Sincerely, // "'1 "." /" / I- j \ / Ll LJ~" 0 ((~( (Ltt~l. bla W. Carey Clerk, CMC EWC/jng Ehclosure c~: Richard Huff ~fV\u1lmj * Printed on recycled paper . , . THIS AGREEMENT, made this 2nd. day of 5 eptem6Vt 1 93, by and between the TOWN OF SCOTTSVILLE, VIRGINIA, (the " own"), and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, V RGINIA, (the "County"); WIT N E SSE T H : 1. The Town is the owner of Dorr ier Park in the Town of ottsville, Virginia, further described as Albemarle County Tax P 130, Parcel 75A. 2 . The County proposes from time to time to make creational improvements to Dorrier Park that have been jointly a reed to by the Town and the County. The County will assist in maintenance of Dorrier Park and in the mowing and trimming the park grounds. Such improvements are sUbject to annual ropriation by the Board of Supervisors of Albemarle County. 3. Decisions as to lighting of Dorrier Park shall be within discretion of the Town. Dorrier Park shall be used for recreational and pUblic s unless the Town and the County jointly agree otherwise. WITNESS the following signatures and seals. TOWN OF SCOTTSVILLE, VIRGINIA BY ~.~_ ~ '_ ,/IJafIPA. BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA BYtiJA~ 'p..t. /":!oM ."t:~.. .' . COUNTY OF ALBEMARLE Parks and Recreation Department County Office Building 401 Mclntire Road Charlottesville, Virginia 22902-4596 Telephone (804) 296-5844 MEMORANDUM Richard E. Huff, II, Deputy County Executive Patrick K. Mullaney, Director of Parks and Recreation~' October 7, 1993 Agreement for the Development of Scottsville Town Property In June of 1992, Bob Crickenberger attended a meeting of bout sixty Scottsville area residents to discuss future parks -nd recreation needs in Scottsville. As a result of that meeting an advisory group has formed amed the Scottsville Parks Development Association. This group as instrumental in developing our CIP request for outdoor ecreation improvements for the Scottsville Community Center and he adjacent Town property known as Dorrier Park. The group has Iso developed a master plan to recommend where the various ecreation improvements should occur on the property. Enclosed lease find our 1993-94 CIP request form which outlines the roposed improvements and funding schedule. Since the majority of the development will occur on the Town roperty, we recommend that a formal agreement be executed etween the County of Albemarle and the Town of Scottsville. nclosed please find the recommended agreement, which was eve loped by the County Attorney's Office, and has been signed by ~ayor Thacker for the Town. This agreement was patterned after the agreement we urrently have with Crozet Park. Basically the County is -greeing to make recreation improvements to the Town property, ubject to annual appropriation by the Board, and to mow and trim he grounds. The Town in return is agreeing that the property ill remain available for recreational and public uses unless the own and the County jointly agree otherwise. , . l~EMORANDUM '!)AGE 2 lE: Agreement for the Development of Scottsville Town Property By developing the Town property in conjunction with the (djacent Community Center property, we will be able to fulfill (ne of the recommendations of the Community Facilities Plan to ]rovide district level park service to the Scottsville community. rhe Community Center and Town property are identified as parcels 6 and 75A on the enclosed tax map. It is our recommendation ~hat the Board of Supervisors authorize the Chairman to sign this lroposed agreement for the County. 1 KM/ sms Inclosure A. RA YMON HACKER Mayo L. GORDON A DERSON Treasu r JESSE B. GR VE, JR, Town A 1lc rney <ElrtUn nf ~tnttsbillt ~tnttsuillt, 'irginm 24590 Sepi:...7, /993 (lJ/t. 7? OD vd. [/t-i.ckeJ/. 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Zz :5 EO .. ~ Z Ol!lQ z:::>tJ ~ 8':::> w<~.. 2SQ",el OZZx ffi:5813 ~ ~ ~ sf ~ sf ~ :6 ~ ri ~ ~ ~ ~ ~ ~ ~ sf ~ sf ~ sf ~ sf ~ sf ~ .,; ..., ~ :d ~ :6 ~ .,.; ~ ri ~ ri ~ ri Iii Z ~ ~ oJ < oJ ~ ~ ~ I- ..~ ::Ju u... .. ~ ~ ::J r: .. 0 ~ u"z~el~u "'b5<x<~ 5uul;;I3l::0 '" /='" :ll'~.Il'...""..,i;I':','",..,~" ""'."('.'-. ;; 14:~",.......1 -.- to' ......-.. _._,,0- ..._- '.' --....-..--,.. 1 I I I I I I I I I I I I I I I I I I . . ALBEMARLE' COUNTY . ~.o~ ~ , , ., co ..-; ICALl IN FlET - SCOTTSVILLE DISTRICT SCOTTSVILLE INSERT SE9T10N 130 A(2) " r ~ ~ lQ'.'~~TYOF ALBEMARLE EXECUTIVE SUMMARY Fire Marshall AGENDA DATE: November 3, 1993 BO Y3.\ \ CJ3 ,:U:i ,C}) ACTION: INFORMATION: SUBJECT P Request t and Assis County pu the Code Marshall CONSENT AGENDA: ACTION: X INFORMATION: STAFF CO Messrs. REVIEWED BY: ATTACHMENTS: yes Pumphrey On February 3, 1993, the Board authorized the additional responsibilities of se, origin and arson investigations for the vacant position of Fire Prevention Officer. This position has since been filled by Mr. Bruce Crow who is a certified Virginia Fire Mar hall with extensive training in fire investigation from Stafford County. In the f rst 60 days of employment, (position not filled until July 16, 1993) assistance from staff h s been requested on 2 separate incidents which have led to a total of 4 fires of suspicio s origin, with charges placed against the individual responsible for 3 of the fires, 1 of whi h was an occupied dwelling at the time the fire was set. DISCUSSI N: Section 27-30 of the Code of Virginia enables counties to appoint an individual to inve tigate arsons as well as cause and origins of fires within the county. Such individu I is legally termed a Fire Marshall. This appointment alone requires the individual to at a I times use a police officer to assist with the investigation, interviewing of witnesse , collection of evidence and placing of charges. Section 7-34.2:1 of the state statute allows the local governing body to grant authority to a non-p lice employee to handle the investigation alone if police assistance is not availabl. This prevents tying up valuable law enforcement resources for what can be signific nt periods of time. This statute grants police powers in the investigation and prosecution of all offenses involving fires. This would, for instance, allow the Fire Marshall to give a suspect his "rights" at the scene of an investigation and continue with questioning if police presence was not readily available. perience in conducting these investigations indicate an inefficient utilization of due to Mr. Crow having to be accompanied by a police officer during questioning of , retrieval of simple evidence, etc. Chief Miller and his staff are in full support ping a cooperative working relationship with the structure as outlined below. ATION: Staff recommends that the Board designate Mr. Carl Pumphrey as Fire Marshall arle County and Mr. Bruce Crow as Assistant Fire Marshall. This dual appointment ted in order to have a back up (Mr. Pumphrey) lawfully appointed should Mr. Crow not be avail ble due to illness, vacation, etc. Mr. Crow currently holds all necessary state required certifications to assume this role and Mr. Pumphrey holds all certifications except one stat sponsored class. Staff f rther recommends that police powers to investigate and prosecute all offenses fires and related false alarms pursuant to Section 27-34.2: I of the Code of be granted to Mr. Pumphrey and Mr. Crow. This is considered a part of their current iption, although formal designation is required by state code in order to enable ividuals to conduct investigations. 93.164 , . '. ADDENDUM 2. RELATED LAWS, (Excerpts from the Code of Virginia) TInE 27, CHAPTER 3, Local Fire Marshals, S 27-30. Appointment of fire marshaL - An officer, who shall be called a "fire marshal, - may be appointed for ach county, city or town, by the governing body thereof, \Nhenever, in the opinion of such body, the appointment shall deemed expedient, The term "fire marshal" as used in this chapter may include the local fire official and local arson vestigator when appointed pursuant to this section. S 27-31. Investigation of fires. - Such fire marshal shall make an investigation into the origin and cause of every e occurring within the limics for which he was appointed, and for any such service he shall receive such compensation s the governing body may allow, S 27-32. Summoning witnesses and taking evidence. . In making such investigation the fire marshal may issue summons directed to a sheriff or sergeant of any county, city or town commanding the officer to summon witnesses attend before him at such time and place as he may direcr. Any such officer to whom the summons is delivered, shall rthwith execute it, and make return thereof to the fire marshal at the time and place named therein, Witnesses, on whom the summons before mentioned is served, may be compelled by the fire marshal:o attend a d give evidence, and shall be liable in like manner as if the summons had been issued bv a j\.lStice of the peace in a c. , al case, They shall be sworn by the fire marshal before giving evidence, and their evidence shall be reduced to 'ring by him, or under his direction, and subscribed by them respectively, S 27-32.1. Right of entry to investigate cause of fire or explosion. - If in making such an investigation, the fire arshal shall make complaint under oath that there is good ca\.lSe of suspicion or belief that the burning of or explosion o any land, building or vessel or of any object was caused by any act constituting a crime as defined in Article 1 (S 18,2- 7 et seq.) of Chapter 5 of Title 18.2 of the Code of Virginia and that he has been ref\.lSed admittance to the land, b 'ding or vessel or to examine the object in or on which any fire or explosion occurred within fifteen days aher the e tinguishment of such, any j\.lStice of the peace of the city or county where the land, building, vessel or object is located ay issue a warrant to the sheriff of the county or the sergeant of the city requiring him to enter such land, building or v el or the premises upon which the object is located in the company of the fire marshal for the pw-poses of conducting a earch for evidence showing that such fire or explosion was caused by any act defined in Article 1 of Chapter 5, of Title .2 of the Code of Virginia, S 27-322. Issuance of fire investigation warrant. . If, in undertaking such an investigation, the fire marshal kes an affidavit under oath that the origin or cause of any fire or explosion on any land. building, or vessel, or of any o 1ect is undetermined and that he has been refused admittance thereto, or is unable to gain pennission to enter such la d, building, or vessel, or to examine such object, within fifteen days after the extinguishing of such, any magistrate o the city or county where the land, building, vessel, or object is located may issue a fire investigation warrant to the ' e marshal authorizing him to enter such land, building, vessel, or the premises upon which the object is located for pw-pose of determining the origin and source of such fire or explosion. If the fire marshal, after gaining access to a y land, building, vessel, or other premises pursuant to such a fire investigation warrant, has probable cause to believe th t the burning or explosion was caused by any act constituting a criminal offense, he shall discontinue the investigation til a search warrant has been obtained pursuant to S 27.32.1, or consent to conduct the search has otherwise been gi en, S 27-33. Report of investigation.. - The fire marshal shall make report to the governing body by whom he was a pointed of any investigation make by him as soon thereafter as practicable, returning therewith the evidence taken by . and submitting such recommendations therein as he may think the public interest demands, !? 27-34. Duties and power.; at fires. Whene'.-er ,H1I' tHe occurs. It shall be the dun or such fHe marshal or his deSl?nated represenratwe to be present at the same and acL~,e :Jr,d Clet In c:)ncert wHh such c,fficers of police as mav be present: and, for preserving order at and during the eXlStercce of such tIre. and ror the prorecl1or. of propert'/, he shall have concurrent powers \vith the officers of police, a!1d the duef or other officer in charge, but shall not exercise any authority which will conflier with the powers of any chief or other officer in command of any fire depanmem in the discharge of his special duries as such. !? 27-34.1. Power of fire marshal or fire chief to take property found at scene of fIre or explosion; restitution of such property. . The fire chief, fire marshal or his designated representative is authorized to take and preserve anv propertv fou.11d at the scene of a fire or explosion during h15 presence there while in the .JC Of e:,tlI".guisillrg such or four.d later with the consent of the owner or pursuant to ~ 2732.1, whJCh propertY' Indicates [he fire or explosion was ir.:enflonally caused. AilY person \'ihese propertY 15 so raker. 3nd held mJ\' petition [he circuit ceel" of :;-,e COl1~ty or citv In whlCh the properDi WJS taken or judge in vacation, for ref'.l~n of the pro pe rrv, Jnd the court rnJ:; c)fder restin;tion upon such conditions as are appropriate for preservation of evidence, including the posnng of bond ~ 27-34.2. Power to.arrest, to procure and serve warrants and to issue summons; limitation on authority. ' In addition to such other duties as may be prescribed by law, the loced fire marshal and his assistants appointed pursuant to 3 27.36 shall, if authorized by the governing body of the county, city or town appointing the local fire marshal, have the authority to arrest, to procure and serve warrants of arrest and to issue swnmons in the manner authorized by general bw for violation of local fire prevention and fire safety and related ordinances. The authority granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily completed a training course deSIgned specifically for local fire marshals and their assistants, WhlCh course shall be approl'ed bv the Virgirlla Fire Senices Board, The Depanment of Fire Programs in cooperation with the Depanment of Criminal Justice Ser.ices shall have the authority to design, establish and maintain the required courses of instruction through such agencies and institutions las the Depanments jointly may deem appropriate and to approve such other courses as such Departments determine lappropriate. The authority granted in this section shall not be construed to authorize a fire mJrshai or hlS assistants to wear pr carry firearms. S 27-34.2:1. Police power.; of fire marshals. . In addltlOn to such other dunes as mil\' be prescribed by law, the ocal fire marshal and those assistants appointed pursuant to 3 2736 designated by the fire marshal shall, if authorized bv the governing body of the county, city or town appointing the local fire marshal, have the same police pcwers as a heriff, police officer or law.enforcement officer. The investigation and prosecution of all offenses involving fires, fire !bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, POSSEssion and manufacture of explosive devices, substances and fire bombs shall be the responsibility of the fire marshal or his designee, It authorized by the governing body of the county, city or town appointing the local fire marshal. The police powers granted in this section shall not be exercised by any local fire marshal or assistant until such person has satisfactorily ompleted a course for fire marshals with police powers, designed by the Department of Fire Programs in cooperation with the Department of Criminal Justice Services, which course shall be approved by the Virgirlla Fire Services Board, In addition, fire marshals with police powers shall continue to exercise those powers only upon satisfactory pamcipation in m-service and advanced courses and programs designed by the Depanment of Fire Programs in ooperation with the Depanment of Criminal Justice Services, which courses shall be approved by the Virgirlla Fire I:>er.ices Board, ~ 27-34.3. Power to order immediate compliance with law, ete., or prolubit use of builciing or equipmenL - The ocal fire marshal shall, if authorized by the governing bodv of the county, city or town appointmg him, have the uthority to exercise the powers authorized by the Fire Prevention Code. However, an order prolubiting the use of a building or equipment - issued pursuant to this section shall nor be effective beyond the date of a determination made by the authorities identified in and pursuant to S 27-97, regardless of whether or not said detennination overrules, modifies or affirms the order of the local fire marshal. lf an order of the local fire marshallSsued pursuant to this section onilicts to any degree with an order previously issued by an authority identified in and pursuant to 327-97, the latter rder shall prevail, The local fire marshal shall immediately report to the authorities identified in 32797 on the issuance nd content of any order issued pursuant to this section, !? 27-34.4. Inspection and review of plans of building under construction_ - Inspection of buildings other than tate.owned buildings under construction and the re\iew and approval of building plans for these structures for nforcement of the Uniform Statewide Building Code shall be the sole responsibility of the 3ppropriate loc31 building 'nspectors, Upon completion of such structures, responstbihry lor fire safety protection shall pass to the local fire marshal ,.- '~1':: .' r official designated by the locality to enforce lhe Sralewlde Ftre Prevennon Code (s 27 -94 el seq) in those localities "hich enforce the Statevnde Fire Prevenrion Codf' S 27-35. Penalty for failure to disch=gc duly. For his buure to discharge any duty required of rum by law he fire marshal shall be liable for each offense to a fine nOI exceeding SlOO, to be imposed by the governing body and o be collected as other fines are collected. S 27-36. Appointment, powers and duties of assistant fire mar.;hal.s. - The governing body of any county, city r town may appoint one or more assistants, who, in the absence of the fire marshal, shall have the powers ard perform lhe duties of the fire marshal. S 27-37. Oath of fire marshal and assistants, TIle fire marshal and his assistants, before entering ..1pon their duties, shall respectively take an oath, before any officer authorized to adminisler oaths, faichfully ro discharge lhe duties of such office; the certificate of the oath shall be rerumed to and preserved by such governing body, . . . COUNTY OF ALBEMARLE MEMORANDUM 0: Carl Pumphrey, Division Chief Ella W. Carey, Clerk, CMC ~~ November 4/ 1993 Board Actions of November 3/ 1993 At the Board of Supervisors meeting on November 3, 1993, the Bard took the following action: Item 5.2. Designate Fire Marshall and Assistant Fire rshall for Albemarle County pursuant to Section 27-34.2:1 of e Code of Virginia. DESIGNATED Mr. Carl Pumphrey as Fire Marshall and Mr. Bruce as Assistant Fire Marshall. cc: Bruce Crow Richard Huff ADDENDUM TO LEASE (O.A.R.) .L_."--,,,,___,",,,,,; ')J:;~iD OF SUPEflVISOP, In lieu of a security deposit by O.A.R., the County of A bemarle and the City of Charlottesville jointly guarantee o A.R.'s compliance with the terms and conditions of the a-l tached lease, and in case of non-compliance by O.A.R., the Ccunty and City jointly will pay for any and all damages rEsulting from such non-compliance, not to exceed $2,080.00 tc tal. Any such payment will be subject to appropriation of $ ,040.00 by the County Board of Supervisors, and a like amount b' the City of Charlottesville, and shall require notice to the Ccunty and City by the Landlord or its agent, within thirty (30) d<ys of any such non-compliance by O.A.R. OFFENDER AID AND RESTORATION ,-' B~ _..Jill l.L<^. --.J rM~'L-CuZ CITY O~~LOI~ESVILLE By G. - I r COUN~~F ALBEMARLE Br!L LP.e5~", OFFENDER AID AND RESTORATION 413 East High Street Charlottesville, Virginia 22902 (804) 296-2441 ---.. . . ,,-- .... ....E.ax..(804}..9.19~40 38 n il NOve ber 19, 1993 f.-. 1 .O;\HD OF SIJPERVISOFL.' . Encl sed please find the signed copy of the addendum to the lease agreement for OAR. I really appreciate the Board's willingness to guarentee our security deposit. Carey e of Board pervisors y of Albemarle clntire Road ottesville, VA 22902-4596 s. Carey, you for the continued support. ':'... Sincerely, /({l~. c<-, c'-' ;L..<~i...~ Patricia L. Smith Executive Director Support o United way ( -~ ~ C TY OF CHARLOTTESVILLE Office of the Clerk of City Council P,O, Box 911 · Charlottesville. Virginia. 22902 Telephone 804-971-3113 Ms. Pat Smith, Executive Director Offender Aid and Restoration 413 E. High St. Charlottesville, Va. 22902 Dear Ms. Smith: Jf:1 ~ [[6 G: u November 11, I9~4 0) r'...'..-' :\ \ in \, j ~ ! " L...-,_.___.~_~----.! '-';O/\RO OF SUFERVISOF Enclosed is the original of the addendum to the lease agreement for Offender Aid and Restoration which has been signed by the Chairman of the Albemarle County Board of Supervisors and the City Manager. Please forward copies of the addendum to me and Ella Carey, Clerk of the Albemarle County Board of Supervisors, after you have signed it. Enclosure Sincerely yours, ~A .J,l ..L. ~ --' tfl't Gr~~;- Clerk of City Council : .. ADDENDUM TO LEASE (O.A.R.) In lieu of a security deposit by O.A.R., the County of A bemarle and the City of Charlottesville jointly guarantee o A.R.'s compliance with the terms and conditions of the a tached lease, and in case of non-compliance by O.A.R., the Clj>unty and City jointly will pay for any and all damages rq~sulting from such non-compliance, not to exceed $2,080.00 t<l>ta 1 . Any such payment will be subject to appropriation of $ ,040.00 by the County Board of Supervisors, and a like amount b~ the City of Charlottesville, and shall require notice to the CCDunty and City by the Landlord or its agent, within thirty (30) dcys of any such non-compliance by O.A.R. OFFENDER AID AND RESTORATION By CITY O~~On~ESVILLE By CJ I I~ co~r:2:F.ALB~E BlL ~?d!5~~ . \ . Ed-,\. (wi H Ball, ,Jr ",'HTiU,;1 Mdler Jd.:k JOUl!ll COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 2965843 FAX (804) 972-4060 Forrest R Marshall. Jr Scoltsville Dd',id P Bowe mdrl ChMi"ltf'S\/:lk Charles S Martin Rlvanna ChMlotte 'yo H mphns Walter F. Perkins Whtte Hall November 10, 1993 o fender Aid and Restoration A tn: Pat Smith 3 0 East Main Street Site 200 C arlottesville, VA 22902 D ar Ms. Smith: Enclosed, please find a copy of an addendum to lease agreement f r Offender Aid & Restoration to guarantee security deposit which t e Albemarle County Board of Supervisors authorized the Chairman t sign at its meeting on November 3, 1993. The original document has been forwarded to City Council for a proval and will then be sent to your office. After your s gnature, please provide this office with a signed copy. Sincerely, ({UK UX';ti II')'. Ella W. Carey Clerk, CMC . E C/jng * Pnnted on recycled paper . . Edward H B In. Jr S~muel Mill r 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 Scoltsville David P Bow rman Charlottesvil e Charles S Martin Rivanna Charlotte Y umphris Jack JOU~tI Walter F. Perkins White Hall November 5, 1993 M . Jeanne Cox C erk, City Council P.O. Box 911 C arlottesville, VA 22902 ar Ms. Cox: Enclosed, please find the original of an addendum to lease reement for Offender Aid & Restoration to guarantee security posit which the Albemarle County Board of Supervisors authorized e Chairman to sign at its meeting on November 3, 1993. Please forward this document to City Council for approval, original to OAR and provide this office with a signed copy. Sincerely, tfla jcP a~cwr'. Ella W. Carey Clerk, CMC , E C/jng * Printed on recycled paper " . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 1_' ...~..7.~29.!,q 3 Security Deposit AGENDA DATE: November 3, 1993 ITEM NUMBER:; CJ3- I kr,lw3o ACTION: INFORMATION: SUBJECT Request Chairman agreemen guarante for the CONSENT AGENDA: ACTION:~ INFORMATION: to STAFF CO Messrs. ATTACHMENTS: yei1. ~l REVIEWED BY: ? BACKGRO Ms. Pat Smith, Executive Director for Offender Aid & Restoration contacted both the City and the Cou ty in an effort to prevent having to tie up $2,080 of non-profit funds for five years as a se urity deposit for new quarters that they are moving into in downtown Charlottesville. Rather han ask the City and the County to put the money up for OAR, staff recommended that the Cit and the County consider guaranteeing performance of the lease by OAR, if necessary, by each jurisdiction agreeing to pay one half of the damages up to the total amount of the securit deposit ($2,080) from funds normally appropriated to OAR in our regular budget cycle. Using a non-appropriation clause that gives the City and the County an "out" should our app opriation to OAR not cover the $1,040 being guaranteed, action by the County would only be necessary if OAR defaults on the lease. This arrangement has been agreed upon by the landlor in lieu of a cash security deposit. ATION: commends that the Board authorize the Chairman to execute this agreement in order to AR in their move with the understanding that any performance by the County required is addendum would be subtracted from any regular appropriation to be approved for OAR iscal year. 93.165 "-r;-";:;-;--;:2n' ~7;"'";::-"" 'J lf~~ h~ \1 .d >: _____r..:...-~-i.~1.-_~~~_...~~L_ ~ . , .~~.i I :.,:"'~.-;:: U '0 r-c R, " fie: 0 R S . " '.j ~~j '! ....-,' I V ....... ~,..,.._..,......""...~.. .,-.---.-..-- COUNTY OF ALBEMARLE EXECUTIVE SUMMARY .r;r filii ~l AGENDA Status - Noise Ordinance AGENDA DATE: November 3, 1993 ,,~\D 1"'\ ACTION: INFORMATION: Ordinance CONSENT AGENDA: ACTION: INFORMATION: X ATTACHMENTS: STAFF CO ACTS: Mr. Tuck r and Ms. McCulley REVIEWED BY: BACK ROUND: On 0 tober 6th, staff last reported the status of the review of community noise regulation. At t at time, staff planned to contact University sources for technical information and othe code compliance officials for administrative and enforcement experience. SSION: the last report to the Board, staff has completed the following: Conducted a telephone survey of noise regulation in similar Virginia localities. This hown that noise complaints in every case were handled through the police / sheriff's tment, and the regulations are written into the code as opposed to the zoning ance. Very few cases are prosecuted, but are instead resolved through voluntary iance. Thes info to t most depa Received and reviewed trade technical reports and ordinances from other regions. references were available through the Planning Advisory Service (PAS) and include ation from the EPA Journal and other relevant publications. This information points e dilemma that noise control presents for planners. One trade memo recommends that the appropriate administration of community noise regulation be split between the police tment for nonstationary sources and the zoning office for stationary sources. and ordi $10, Contacted Virginia Polytechnic Institute's Director of Auditory Systems in Industrial ystems Engineering about our needs in noise regulation. He recommended that the ance be drafted by an expert in the field, and estimated a cost including training of 00. minary review indicates that amendment to our regulations is justified. We have found aximum of 40 decibels to be lower than most other localities allow during the day. design is not an exact science; therefore, numerous supplementary design regulations are ot always practical. Instead, it is recommended that an applicant be required to subm't an engineer's report projecting noise levels. Then, once built it becomes empirical and an be tested. If the proper levels are not met, attenuation measures must be utilized. Contacted University of Virginia's Division of Environmental Health and Safety and met an Industrial Hygienist. They have offered to assist us in drafting an ordinance, ding field work with measurements of various sources. In addition, they have offered tend the public hearings for adoption of the ordinance, and to provide the training for nforcement staff. This they offer gratis as a public service. In addition, the rsity Medical Center's Department of Audiology may be a useful source. It appears that II be able to order a demo noise level reading-instrument to test. The cost will be $1,000 to purchase. Some further discussion of our needs and their available services ritical to absolutely ascertain that they will be able to provide the necessary ical assistance for an ordinance amendment without cost. Staf and for recommends that we continue to work with the University to study our regulatory needs, eview noise levels from different sources. Then we can proceed to draft regulations ublic hearing. ATION: nformation 7 L. F. AYNE WAYS AND MEANS COMMITTEE JIM J HNSON ~ongrt~~ of tbt 11 nittb ~tatt~ "OU~t of ~tprt~tntatibt~ Masbington, J)fC 20515-4605 SUBCOMMITTEES; TRAOE SELECT REVENUE MEASURES 1 119 LONG ORTH BUilDING WASHINGTON, C 20515-4605 (202) 25-4711 FAX: (202 226-1 147 ADMINISTRA IVE ASSISTANT TOLL-FREE 1- 00-535-4008 ~',1.'" "'l,. ',. ,": :",;,: 10,1993 . C;~, \ \(j3 -(5 'b) October 12, 1993 orable John G. Milliken retary of Transportation monwealth of Virginia Ninth street Office Building hmond, Virginia 23219 John: I am writing on behalf of the Albemarle County Board of ervisors who are interested in receiving consideration of an erchange at Interstate 64 and Avon street (Route 742). I understand that previous requests for consideration have been ied for a number of reasons, inClUding a current or anticipated pelling public need, safety and operational considerations and safeguard of the interstate to serve long versus local trips. While previous denials should be considered reasonable during mid-1980'S, it would also seem reasonable to reconsider this uest given the present transportation needs of the rlottesville-Albemarle area. This is a time of significant nge and this request may compliment other transportation efforts t are currently underway or in preparation. local MPO has retained a consultant, who is preparing a the specific traffic and road needs of this area. I hope th t you will consider his recommendations when they are available approve a VDOT and FHWA review of this request given the current ds and current justifications. Thank you for your efforts in this important project and for that you have done to contribute to the improved transportation tem in Virginia. Sincerely, ~ m u l~~~ LF Jr:gk En losures L. F. Payne ~m DISTRICT OFF CES: o JENNIFER Moo EFIELD, CASEWORK SUPERVISOR DAN DANIEL p, . BUILDING 700 MAIN STR ET, SUITE 301 DANVILLE, VA 4541-1827 TELEPHONE: (8 4) 792-1280 FAX: (804) 79 -5942 BOARD OF SUPEHV'SOR~ o MARGARET WATKINS, OFFICE MANAGER ABBITT FEDERAL BUILDING 103 SOUTH MAIN STREET FARMVILLE, VA 23901-1701 TELEPHONE: (804) 392-8331 FAX: (804) 392-6448 o GREG KELLY, DISTRICT MANAGER P.O. 80x 2017 103 EAST WATER STREET, SUITE 302 CHARLOTTESVILLE, VA 22902-2017 TELEPHONE; (804) 295-6372 FAX: (804) 295-6059 THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS '- ,0" : /'.. . 'J ,'7) <71)' -::2. 11.....1 L--./'J.,: ~ _~/) 93'llois'7 ) ~ V. VIrginia Cooperative Extension Department of Animal and Poultry Sciences Virginia Polytechnic Institute and State Universit t\ '\\It \~ 302 LiUon Reaves Hall . \nJ R ~ ~ \l \1J t5 Blacksburg, Virginia 24061-0306 t5 ~ 703/231-9151 FAX 703/231-301d n '. \, ! '\ l . ,,'. '. '! !". l~. ': ,.'IC"", \ U\ .,'.' 1,:-", ~' . , FR M: A.L. Eller, Jr., Extension Animal Scientist Emeritus \ \ O OF SUPERV\SO~j BOAR , ffttLf9:- September 30, 1993 TO Members of County Boards of Supervisors Board Member: PI se find enclosed a copy of Virginia's Beef Industry: A Study and Blueprint for the Year 2000. Thi publication is the product of a study on Virginia's beef industry undertaken by faculty and staff in t e Department of Animal and Poultry Science at Virginia Tech. The project was co-sponsored by the irginia Cattle Industry Board. cattle are produced in every county/city in Virginia. The annual receipts from the sale of cattle and calves ranks first among Virginia's agricultural commodities. We invite you to read this publication to obtain factual information about: -The importance of the cattle industry in Virginia and in its various production regions. -How cattle production and cattle farms contribute to Virginia localities. -How cattle production enhances environmental quality. -The opportunities and challenges for future development in the cattle industry as the year 2000 approaches. Ad itional copies are available on request. Order from Extension Distribution Center, 112 Lan sdowne Street, Blacksburg, VA 24061-0512. Als an excellent 13 minute videotape entitled Virginia's Blue Ribbon Commodity-Virginia's Beef Ind st . This professional quality video is available from the Virginia Cattlemen's Association, P.O. Box 176, Daleville, VA 24083, (703)992-1009. We hope this publication will provide useful information and serve as a valuable reference piece. Land-Grant Universities- The Commonwealth Is Our Campus tension is a joint program of Virginia Tech, Virginia State University. the U.S. Department of Agriculture. and state and local governments, Virginia Cooperative Extension programs and employment are open to all. regardless of race. color. religion. sex, age. veteran status. national origin. disability, or political affiliation, An equal opponunity/affirmative action employer. VIrginia Cooperative Extension Depanment of Animal and Poultry Scie Virginia Polytechnic Institute and State Unit~ rn 302 Litton Reaves Hall : 0 J ' Blacksburg, Virginia 24061-0306 ;' ~\ 1 703/231-9151 FAX 703/231-3010 ' , ! } September 30, 1993 L;~o~O OF SUPERVlSORSJ Local Government Officials - Board of Supervisors Chairmen, Mayors, County Administrators and City Managers OM: A.L. Eller, Jr., Extension Animal Scientist Emeritu~ ~ ;VI t/1; . r Local Government Official: PI se find enclosed a copy of Virl:inia's Beef Industry: A Study and Blueprint for the Year 2000. Th s publication is the product of a study on Virginia's beef industry undertaken by faculty and staff in he Department of Animal and Poultry Science at Virginia Tech. The project was co-sponsored by th Virginia Cattle Industry Board. f cattle are produced in every county/city in Virginia. The annual receipts from the sale of cattle calves ranks first among Virginia's agricultural commodities. invite you to read this publication to obtain factual information about: -The importance of the cattle industry in Virginia and in its various production regions. -How cattle production and cattle farms contribute to Virginia localities. -How cattle production enhances environmental quality. -The opportunities and challenges for future development in the cattle industry as the year 2000 approaches. Ad itional copies are available on request. Order from Extension Distribution Center, 112 dsdowne Street, Blacksburg, VA 24061-0512. Als an excellent 13 minute videotape entitled Virginia's Blue Ribbon Commodity-Virginia's Beef Ind st . This professional quality video is available from the Virginia Cattlemen's Association, P.O. Bo 176, Daleville, VA 24083, (703)992-1009. We hope this publication will provide useful information and serve as a valuable reference piece. Land.Grant Universities- The Commonwealth Is Our Campus tension is a joint program of Virginia Tech, Virginia State University. the U,S. Department of Agriculture. and state and local gOlunments, Virginia Cooperative Extension programs and employment are open 10 all. regardless of race. color. religion. sex. age. veteran slatus. national origin. disability. or political affiliation, An equal opponunily/affirmalive action employer. 'II.; I IO:2-Et:13. %' 1/6S{5B) .:-. ...." COMMONWEALTH of VIRGINIA Im~ & O:~ ~I~I 1 ~ 1I,,~!U,l . :' i JUL^, jWi .i:30~OF~Rsj DEPARTMENT OF EDUCATION PO BOX 2120 RICHMOND 23216-2120 September 1, 1993 . Robert w. Paskel vision Superintendent bemarle County Public Schools 1 McIntire Road arlottesville, Virginia 22901 D ar Dr. Paskel: Y ur application for support under ESEA Chapter 1, Migrant E ucation for Fiscal Year 1994 has been approved for the amount of $ 2 720.00. T is project is expected to be operative from Julv 1, 1993 to June 3 1994, per information contained in your application; and has b en assigned STATE PROJECT NO. 802-94-1 (State). ease follow the instructions listed below when requesting imbursement under ESEA Chapter 1, Migrant Education: .Submit reimbursement monthly. -Send original and one copy of reimbursement to my office. .Attach supporting documentation e.g. travel expenses, invoices, etc. to original reimbursement. .Make one copy for your files. I you have any questions, please feel free to contact me at (804) 2 5-2905 or (804) 225-2066. Sincerely, 4)~03.c?~ Dianne B. Pollard Education Associate Specialist Migrant Education & Chapter 1 D P:tsc E closure p Migrant Program Director " COMMONWEALTH OF VIRGINIA 9 31 0 ;-CC!~;',:::;: r>>:S~'fECORPORATIONCOMMISSION '... 2., ..R}. G.Q~.9. ;;r-;.~ .. .., ',,,.,,~, " , 93> 1 (O;{s3) !':n ~"1 I L PI~ i: 15 AT RICHMOND, OCTOBE~ 12, 19"93 '... --~ 1......;..1 Uv PLICATION OF ELLOW CAB CO. OF CHARLOTTESVILLE CASE NO. MCS930142 or a certificate of public onvenience and necessity as common carrier of passengers y motor vehicle over irregular outes ORDER SCHEDULING VI ,"""' .7 Iii) r2 r \'11 \ f) \ ls \':J,1j.._1L~~-. iij ) r-"'-~.~- " I .i I j .1! ' .~ i j ~ .--' . '-- .... SUPERV'C:OF""', HEARINql';~I!~~O Or __:-:~_,.. IT APPEARING to the state Corporation Commission that an filed by Yellow Cab Co. of Charlottesville r a certificate of public convenience and necessity as a common passengers by motor vehicle over irregular routes the geographic area of the City of Charlottesville as well the counties of Albemarle and Nelson; IT FURTHER APPEARING to the Commission that this application be scheduled for hearing and the Applicant directed to the public of its application and the hearing scheduled reon; accordingly, IT IS ORDERED: el) That, pursuant to Rule 7:1 of the Commission's Rules of and Procedure, a hearing examiner is appointed to duct all further proceedings in this matter; (2) That this application be, and the same is hereby, and set for hearing before a hearing examiner at a.m. on November 17, 1993, in the Commission's Second Courtroom in the Tyler Building, 1300 East Main Street, mond, Virginia, for the purpose of receiving evidence relevant to his application; (3) That, on or before October 25, 1993, the Applicant true copy of this Order on: (a) the mayor or principal of the city or county in which the Applicant desires to service; and (b) every common carrier of passengers a thorized to provide and offering service in the area proposed be served by the Applicant as shown by Appendix A attached Service shall be made by receipted registered mail, or first-class mail, to the last known address of the person to served. If service is made by first-class mail, proof of s rvice shall be verified by affidavit submitted by the Applicant c rtifying compliance with this paragraph; (4) That any person who expects to submit evidence, cross- or otherwise participate in the proceeding as a Protestant, pursuant to Rule 4:6 of the Commission's Rules of and Procedure, shall file, on or before November 5, original and fifteen (15) copies of a protest with the rk, State Corporation Commission, c/o Document Control Center, . Box 2118, Richmond, Virginia 23216, and simultaneously send opy thereof to Calvin F. Major, Esquire, P.o. Box 5010, hmond, Virginia 23220. The protest shall set forth (i) a precise statement of the of the Protestant in the proceeding; (ii) a full and statement of the facts which the Protestant is prepared to by competent evidence; and (iii) a statement of the relief sought and the legal basis therefor. Any porate entity that wishes to submit evidence, cross-examine nesses, or otherwise participate as a Protestant, must be 2 rapresented by legal counsel in accordance with the requirements o~ Rule 4:8 of the Commission's Rules of Practice and Procedure. (5) That any person who desires to make a statement, either slpporting or opposing the application, but not otherwise pcrticipate in the hearing, need only be present at the hearing ard make known his or her desire to comment; (6) That, on or before October 25, 1993, the Applicant p~blish the following notice in a newspaper or newspapers having general circulation in the area to be served: PUBLIC NOTICE Notice is hereby given of a public hearing before a hearing examiner in the state Corporation Commission's Second Floor Courtroom in the Tyler Building, 1300 East Main street, Richmond, Virginia, at 10:00 a.m. on November 17, 1993, to consider the application of Yellow Cab Co. of Charlottesville for a certificate of public convenience and necessity as a common carrier of passengers by motor vehicle over irregular routes within the geographic area of the City of Charlottesville as well as the counties of Albemarle and Nelson. Any person desiring to make a statement at the hearing need only attend the hearing. Any person desiring to participate in the hearing as a Protestant must file, on or before November 5, 1993, an original and fifteen (15) copies of a protest with the Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23216, and simultaneously send a copy thereof to Calvin F. Major, Esquire, P.O. Box 5010, Richmond, Virginia 23220. The protest shall set forth (1) a precise statement of the interest of the Protestant in the proceeding; (ii) a full and clear statement of the facts which the Protestant is prepared to prove by competent evidence; and (iii) a statement of the specific relief sought and the legal basis 3 . therefor. Any corporate entity that wishes to submit evidence, cross-examine witnesses, or otherwise participate as a Protestant, must be represented by legal counsel in accordance with the requirements of Rule 4:8 of the Commission's Rules of Practice and Procedure. (7) That an attested copy of this Order be mailed by the Cl~rk of the Commission to Calvin F. Major, Esquire, P.O. Bo~ 5010, Richmond, Virginia 23220. '._._............-;\ ~-1lL.." --._'\:.~" . ,. ." .~. ..,. ~ TrUi CQWY ~ $. .',,- Telte: . ~Ii'\; '. Clerk gf the . .~~ ~':': SNM Corporation Commission ~ . 4 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA T TLE: Septembe Financial Report SUBJECT Septembe STAFF CO Messrs. DISCUSS ON: Attache as the AGENDA DATE: November 3, 1993 ACTION: UEST: Report CONSENT AGENDA: ACTION: ....,JO. ., C) . q~ _.~"~:....2___. ITEM NUMBER: 9.3- [lC'~(S. V) INFORMATION: INFORMATION: X ATTACHMENTS: Yes is the September Financial Report for the General Fund and the School Fund, as well und Balance report. General Fund revenues and expenditures have not been revised at this time. REVIEWED BY: Huff, Breeden, Walters Project d Education revenues reflect a reduction in State aid due to lowered average daily members ip estimates. Project d Education expenditures reflect a 7 1/2% holdback of certain discretionary accounts. 93.169 ~:~)' ;..]~- fLD_)I~r~ fn) l ) '1 : 1 :" 'lL 2 }~i ,;Oi~AO.OF SUPERVI~~ORsl en z o l- I- a:: <( 0 a:: Q" w w Q" a:: o ...I > ~ I- (,) Z Z :J <( o Z (,) u: W > ...I ...I a:: J: <( I- :E z w 0 m :E ...I <( 1-' zO wa:: OQ" a::- wC Q,,!;: * * * * *I?/. *I?/. C').....alOC\lC\lOoo C\Ivl/)<O<Oor-OO ..tcOU;cx)(I')cOOcO .,.... * * *1 * 1/)<0 al I/) 1/)C\1 00 <0 "":OOcx) C\I .,.... *** C\IC')oo .,.....,....V cOOcO .,....C\I.,.... -ae. ..... C'! ..... or- w " z <( J: (,) C W 1-1- ~w a:: " Q"c O:J a::m Q" Q" <( I/) .,.... 0 .,.... VI or- .....~ 001 CO.,....al I/) V 00 vC\I al_ C')_ ~ C\I_ ..... al .,.... .,.... 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J fo9i5' II) COUNTY OF ALBEMARLE SHOSI^H3dnS::I0 m:!"'~-'; Office of County Executive I -~ 401 Mcintire Road Charlottesville, Virginia 22901-4596 r.!.~.. ({>. (804) 296-5841 I.. n . '-... - .. .: MEMORANDUM \iU ~0lI @-r~J L~"~~ October 27, 1993 .... Albemarle County Board of Supervisors Robert W. Tucker, Jr., County Executive Urban Area Raw Water storage Household Hazardous Waste Collection Program you probably know, the Sugar Hollow Reservoir is down s'gnificantly. Sugar Hollow dropped below overflow in mid June and gged Mountain Reservoir fell below overflow in mid July. As of tober 24, 1993 the Sugar Hollow Reservoir is thirty-six (36) feet low overflow. The Rivanna Water and Sewer Authority staff is nitoring these reservoirs and if necessary, will follow its tablished conservation plan which has previously been used. This an triggers conservation efforts at 70% of normal raw water ailability, the current raw water storage is at 79%. I will keep u informed of those monitoring efforts. er the past several years, the Rivanna Solid Waste Authority has fered a Household Hazardous Waste Collection Day on an annual sis. We are currently looking to provide a containment building the Ivy Landfill in order to provide for household hazardous ste collection on a monthly basis. We hopefully will be able to ovide a collection day in November or December utilizing the ntainment building and offering collection then on a monthly sis thereafter. ould you have any questions concerning these matters, please do t hesitate to contact me. Tjrjbat .196 -' .- RAY D. P THTEL COM MISS NER ... 'r '7':"'1,0-:::], , ..,. 1'-,' 't--/ .../_/ " ""'9~)' (!0'3. ~:), 1'3) - ~.. ~~~" @ m iiW-IT-~-: , t' J LJ .;~. . .----,""~.- COMMONWEALTH of VIRGINIA- ~'89-' J~Jj DEPARTMENT OF TRANSPORTATION ,__..O~',.f~D OF SUl:'ERVISORS P. O. BOX 671 CULPEPER. 22701 DONALD R, ASKEW DISTRICT ADMINISTRATOR October 27, 1993 Location & Design Public Hearing Project 0682-002-P33,C501 Fr: Route 250 To: 1.784 Miles South Route 787 Albemarle County ers marle Board of Supervisors McIntire Road lottesville, Virginia 22901 Board Members: I am attaching a copy of the notice regarding the location & des'gn public hearing which will be held for the above-mentioned pro'ect on Tuesday, December 7, from 5:30 to 8:30 p.m. in the Mer'wether Lewis Elementary School located at 1610 Owensville Road, nea the intersection of Route 678 north of Ivy. The purpose of this public hearing is to review and discuss iminary plans for the proposed improvements to Route 682 in marle County. There will be no formal presentation, however, aUdio/visual rial explaining the proposed project will be shown continuously. representatives will be present with maps and displays to explain project to all interested individuals. :lc Sincerely, J/II/ I!lvv2/ R. H. Connock, Jr. District Construction Engineer Att chment TRANSPORTATION FOR THE 21 ST CENTURY - ~- .. ROUTE 682 Albemarle County ... ... ... ..... ..... ... ... ............ Location and Design Public Hearing ........... ................ ... ....... Hearin1!: Tuesday, December 7, 1993 * between 5:30 p.m. and 8:30 p.m. Meriwether Lewis Elementary School located at 1610 Owensville Road north of Ivy in Albemarle County. Purvose: To provide you a chance to review and discuss preliminary plans for the proposed improvements to Route 682 in Albemarle County, beginning at the intersection of Route 250 and ending 1.78 miles south of the intersection of Route 787. There will be no formal presentation, however audio/visual material explaining the pro- posed project will be shown continually. Review: Maps, drawings and other data pertaining to the project will be available in the Culpeper District office located on Route 15 (Business) just south of Route 3 in Culpeper and at the Charlottesville Residency office located on Route 250 three miles east of Charlottesville. Written Statements: Oral statements will be taken at the hearing. Written statements and other exhibits relative to the proposed project may also be submitted at the public hearing or to the Department at any time within 10 days after the hearing. Ri1!ht of Wav: Relocation assistance and tentative schedules for right of way acquisition and construction will be discussed. Special ,,4ssistal'!ce: If you require special assistance to attend and participate in this meeting or need additional information, contact the Charlottesville Resident Engineer at (804) 293-0011, ~....... Vh..inl. Dep.rim.., .fT....p.rto,;.. Projec~0682-002-P33.C-501 HIGHWAY IMPROVEMENT PROJECT ROUTE 682 ALBEMARLE COUNTY PROJECT: 0682-002-P33, C-501 FROM: INT. RTE. 250 TO: 1.784 MI. S. INT. RTE. 787 LENGTH: 2.448 MILES I I I o 1 MilE 2 MILES ~"VirginiO Departmert ci Transpartotian t'~Yl'~:'fj l ~ ,-. '"' <..~~ .., J.j'L::';'.J, 93' I LQ:.~,' (4) .. " -- October 27, 1993 tr~ R fill-R--:-;--'-~"-, J I D] r~.!Jj~ [,; 7Y, ~ r')' c':.' ..) I ~ _. - ::.... '~-. ' 1..i ;)'1 ,'il '1.1 'i, Uf .f L . --. I, -__... ,1 ~,~~4~D O~'.Y!~~R~J ~:.J D. S, ROOSEVELT RESIDENT ENGINEER COMMONWEALTH of VIRGINIA RAY D, PE HTEL COMMISSIO ER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOITESVILLE,22902 Current Projects Construction Schedule Ms. Ella W. Carey, Clerk Boa d of Supervisors Cou ty Office Building 401 McIntire Road Cha lottesville, VA 22901 Dea Ms. Carey: Attached find the monthly update on highway improvement projects currently und r construction in Albemarle County. Please see that this information is for arded to the Board of Supervisors members. I will be prepared to discuss this mat er with them at the next meeting if they so desire. Yours truly, ~-i S~Ol)S ~Iv D. S. Roosevelt Resident Engineer DSR smk att chment cc: R. W. Tucker, Jr. w/attachment David Benish w/attachment TRANSPORTATION FOR THE 21ST CENTURY L PROJECTS UNDER CONSTRUCTION ALBEMARLE COUNTY NOVEMBER 1, 1993 IROUTE I INO. I +------+- -----------------------------------+------------------------------------+----------- + STATUS ESTIMATED COMP.DATE LOCATION +------+-------------------------------------+------------------------------------+----------- + I I 250 I I I Srr. CLAIR AVE. TO RTE. 64 I CONSTRUCTION 97% COMPLETE NOV 93 +------+-------------------------------------+----------------------------------.--+----------- + I I 20 I I I Art' INT. ROUTE 742-AVON ST. EXT. I CONSTRUCTION 74% COMPLETE OCT 93 +------+--~----------------------------------+-------------------------------------+----------- + I I 654 I I I B~RRACKS RD. - FR. RTE. 1406 I TO GEORGETOWN RD. CONSTRUCTION COMPLETE +------+--~----------------------------------+-------------------------------------+----------- + I I 631 I I I 5~H STREET EXT. I S. ROUTE I-64 CONSTRUCTION 59% COMPLETE FEB 94 +------+--~----------------------------------+------------------------------------+----------- + I I 29 I I I F~OM HYDRAULIC ROAD TO I R~O ROAD CONSTRUCTION STARTED OCT. 93 DEC 95 +------+--~----------------------------------+-----------------------------------.-+----------- + +------+-- ----------------------------------+------------------------------------+----------- + * REVISEb DATE ** NEW PRpJECT Edward H. Ba n, Jr. Samuel Mill r David P. Bow rman Charlottesvil e Charlotte Y. umphris Jack Jouett COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 M E MaR AND U M Board of Supervisors Ella W. Carey, Clerk, CMC~ October 29, 1993 Reading List for November 3, 1993 ay 13(A), 1992 - Mr. Bain vember 4, 1992 - Mr. Martin ly 14, 1993 - pages 1-8 (#10) - Mr. Bain pages 33 (#14) - end - Mrs. Humphris gust 18, 1993 - Mr. Marshall E C:mms * Printed on recycled paper IO''2..q.Q3 Q';)-HD?dcZ5 Forrest R. Marshall, Jr. Scottsville Charles S. Martin Rivanna Walter F. Perkins White Hall SENATE OF ~O. ZCl. q3 ", <T3' I C3.(c'U, V I R GIN I Ai~"~~-~@~~_-U-'--'--"-_. 1'1" Jl'-. , ( .. .\jo :A EDGAR . "ED" ROBB 25TH SENA DRIAL DISTRICT ALBEMARLE, GREE E, MADISON, NELSON; ORANGE, ESTERN PART: RAPPAHANNOC . SOUTHERN PART: CHARL TTESVILlE 100 COURT QUARE TERRACE SITE B CHARLOTTESVI LE, VIRGINIA 22902 <B04) 786- BS7 RICHMOND (804) 293-664 CHARLOTTESVILLE (804) 9 7-0388 FAX (7031 45 .8347 HOME , pI <;pM),4I.TT,~ ASStGNMENTS, GENeRAL L4W9 .. PRI\llLEGES AND ELECTIONS REHABILITATION AND SOCIAL SERVICES October 22, 1993 Mr. David Bowerman, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22901 I Dear David: Enclosed is a copy of a letter from a constituent of ours regarding a crosswalk_ i~....!E.c:>~_t:.__~f _!\-_~_:t:=~c3._~_~~_!!.i_<;i~--___ School. ----- I understand that a blind crosswalk would create a false sense of security, but with the new traffic light at Hydraulic and Greenbrier, I do not understand why a crosswalk with signals could not be erected there. Please check into this. As the area grows and the community begins to use the facilities more at the high school, many will want to walk to those activities. We must make their crossing as safe as possible. Thank you for your attention to this. with kind personal regards, I remain Sincerely yours, E;L- Edgar S. Robb ESR:mel ",.. ~. 1314 Oak Tree Lane Olarlottesville, VA 22901 September 9, 1993 The Honorable Edgar S. Robb 100 Court Square Terrace SUite B Charlottesville, VA 22902 Dear Sir: 'Ibis letter is written on behalfJf all the Albemarle High School students residing in the Oak Fored,SUbdivision of Albemarle Cbunty. '!he majority of these students, zludin<J my sal, walk to AHS and have no safe site at which to crossliilraulic Road. It is unreasonable to expect young men and wcmen of f.gh school age to be required to ride a school bus, especially whe1d1ey live so close to the school. '!here is, however, no safe alt.erna'lile, even though the students con- tinue to walk, and to cross the ni at great risk to themselves and to others. In the past two years I have voicedjese same concerns to David Bawennan of the Albemarle CountySlrd of SUpervisors, and to Dan Roosevelt, of the Virginia Transpilatioo Department. Both men in- formed me that traffic studies of fdraulic Road at AHS did not in- dicate the need for a crosswalk. IBddition, I was told that a cross- walk at this si te would provide dlse sense of security to pedes- trians. I have also discussed tm'issue with Officer Brown of the Albemarle County Police DeparbnentJifesource Officer at AHS. He was not able to offer a solution, but CIIp!d -that the situation is a dangerous one, and suggested that lDltact you. I am asking that you please revied1is situation lx>th for the safety of the students involved, and forf1e peace of mind of the parents. Thank you for your interest and coq,;ation. I look forward to hearing fran you. Sincerely, J~~ Teresa Busch (804-974-7194) EOGA S. "ED" ROSS 25TH SE ATORIAL DISTRICT ALBEMARLE. G EENE, MADISON. NELSON; ORANG , WESTERN PART: RAPPAHANN CK, SOUTHERN PART; CHA LOTTESVILLE 100 COU T SQUARE TERRACE SUITE 8 CHARLOTTE VILLE. VIRGINIA 22902 (804) 78 -6887 RtCHMOND (804) 293.6 46 CHARLOTTESVILLE 18041 977-0388 FAX (7031 56-8347 HOME . f I 10 htv. //)(1,'-' ." ,'- f, b T t I (~( r'-' 'r' it.1 W lv,,'/"It,J. f? I ,~c F ,( )_~_ (Ml'J. SENATE OF VIRGINL~r~r~ @-<~1lj1d~1] 'UtI i '-:' ; 'j . L._______ . ..' ~, r-' :', ,_<;RM~!ITft ,A,~;>,'G~;"iE;,iTS .-' .~, ;-_ }G~~ER"l:. L~ W$ ~--' \ ,) .,-. --.'- PRWfLEGES AND ELECTIONS REHABILITATION AND SOCIAL SERVICES October 22, 1993 Mr. David Bowerman, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22901 Dear David: Enclosed is a copy of a letter from a constituent of ours regarding a crosswalk in front of Albemarle ~~gh School. - .>lIl ....,...It._~~,..'~,'>(.-'..___.~__:._~....~.1'-~~...__., ~"'" ......~-~,~-. "",""-, ..p I understand that a blind crosswalk would create a false sense of security, but with the new traffic light at Hydraulic and Greenbrier, I do not understand why a crosswalk with signals could not be erected there. Please check into this. As the area grows and the community begins to use the facilities more at the high school, many will want to walk to those activities. We must make their crossing as safe as possible. Thank you for your attention to this. With kind personal regards, I remaln Sincerely yours, ~ Edgar S. Robb ESR:mel . 1 31 4 Oak Tree Lane Charlottesville, VA 22901 September 9, 1993 The Honorable Frlgar S. Robb 1 00 Court Square Terrace Suite B Charlottesville, VA 22902 Dear Sir: This letter is written on behalfJf all the Albemarle High School students residing in the Oak ForatSubdivision 'of Albemarle County. '!be maj ori ty of these students, :i:'luding my sen, walk to AHS and have no safe site at which to cross~aulic Road. It is unreasonable to expect young Irel1 and wcrnen of fgh school age to be required to ride a school bus, especially whel'lliiey live so close to the school. 'lbere is, however, no safe alterna:flze, even though the students con- tinue to walk, and to cross the nt' at great risk to themselves and to others. In the pa.st two years I have voiced!ese same concems to David Bawennan of the Albemarle County'~ of SUpervisors, and to Dan Roosevelt, of the Virginia Transpmtioo Department. Both Irel1 in- formed me that traffic studies of fdra,ulic Road at AHS did not in- dicate the need for a crosswalk. Iaddition, I was told that a cross- walk at this si te would provide aJiJlse sense of security to pedes- trians. I have also discussed tm..issue with Officer Brown of the Albemarle County Police Deparbnen4~e Officer at AHS. He was not able to offer a solution, but ap:rl-that the situation is a dangerous one, and suggested that IDntact you. I am asking that you please revie~ situation both for the safety of the students involved, and for:he peace of mind of the parents. Thank you for your interest and c~tion. I look. forward to hearing fran you. Sincerely, J~~~ Teresa Busch (804-974-7194) )ATE _NDvembtr ~. ~ 3 ~GENDA ITEM NO. 93.11D.~,IoZf AGENDA ITEM NAME A ,61. DI'UarcL DEFERRED UNTIL ~ ~j f:::r)3 Form. 3 7/25/86 ~ ~~ ~ I I I I I ~ ~ ~ ~ ~ i} ~ "-~ (\ ~ ~ ~ ~ ~ :~ ~ ~ ~ ~ ~ ~~ i ~ ,.; " ~ B I ~ ~ , ORDINANCE AN ORDINANCE TO AMEND AND REENACT SECTION 9-26, CHAPTER 9, FIRE PROTECTION OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle C unty, Virginia, that Section 9-26 of Article IV, Chapter 9, FIRE P OTECTION, of the Code of Albemarle, be amended and reenacted by t e addition of a subsection (c) to include Sections 5, 6 and 7 of H ssian Hills, reading as follows: S c. 9-26. Leaf burning prohibited in certain areas. Pursuant to section 9-23.2(a), leaf burning is hereby p ohibited within the following areas: (a) Same. (b) Same. (c) Hessian Hills SUbdivision, Sections 5, 6 and 7, as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 400, page 277, Deed Book 405, page 103, Deed Book 417, page 159 and Deed Book 622, pages 565-568. * * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing i a true, correct copy of an ordinance adopted by the Board of C unty Supervisors of Albemarle county, virginia, at a regular meting held on November 3, 1993. ? )'~ 7 (;; ,/1 tZ tJ' t:r11CC /J Clerk, Board of Co~ty supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA T TLE: Request 0 Ban Leaf Burning on Old Forge Road SUBJECT/IROPOSAL/REOUEST: Request or the Board to pass a Resolution of Intent tc hold a public hearing to ban leaf burning 'n Sections 5, 6 & 7 of Hessian Hills on Noveml er 3, 1993. STAFF COIITACT (S \ : Messrs. ucker, Huff AGENDA DATE: october 6, 1993 ACTION:---1L- CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ,+ /[/-?~ ITEM NUMBER: 1/, (U~;. ~tEJ INFORMATION: INFORMATION: ~ BACKGROlfND : Section 9-23.2 of the Albemarle County Code provides that the residents of any subdivision or othez clearly defined area in the County may petition the Board of Supervisors to ban open burning of leaves in such area. Staff has received a petition from 30 of the 52 inhabited homes w'thin Sections 5, 6 & 7 of Hessian Hills Subdivision requesting that open burning of leaves le banned in their area. RECOMMElrnATION: In ordeI to meet the advertising requirements for the public hearing, staff recommends that a public hearing be advertised for November 3, 1993 to consider amending Section 9-26 of the Albemar e County Code to prohibit leaf burning in Sections 5, 6 & 7 of Hessian Hills Subdivieion. 93.135 -1 ~ IE@ IE .~ \;0~ \\2.1 I BOARD OF SUPERVb~, i(, 10: 2(.j. 93 ".;~ i:f'<1J i',(, ~r31{~Q&J/Z~ o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT SECTION 9-26, CHAPTER 9, FIRE PROTECTION OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle unty, Virginia, that Section 9-26 of Article IV, Chapter 9, FIRE OTECTION, of the Code of Albemarle, be amended and reenacted by e addition of a subsection (c) to include Sections 5, 6 and 7 of ssian Hills, reading as follows: c. 9-26. Leaf burning prohibited in certain areas. Pursuant to section 9-23.2(a), leaf burning is hereby p ohibited within the following areas: (a) Waverly Subdivision, as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 697, page 382 and Deed Book 781, pages 267, 270. (b) Berkeley SUbdivision, as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 337, pages 336 and 337, Deed Book 345, pages 485 to 488, Deed Book 360, page 144A, and Deed Book 373, page 079. 1.tl Hessian Hills SUbdivision, Sections 5. 6 and 7, as platted and recorded in the office of the clerk of the circuit court of the county. in Deed Book 400. Daae 277, Deed Book 405. paqe 103, Deed Book 417, Daae 159 and Deed Book 622. paaes 565-568. * * * * * * -:., . .... ' PETITION TO BAN BURNING OF LEAVES e residents 0~4xi1;"'L(/fJ./f.~ Lt;~.(i -5 /;9' 7 (subdivision or area) respectfully reque t t at the ~lbemarle County Board of isors include this area under the provisions of County Code n 9-23.2 which bans all open burning of leaves in certain ated areas. We, t other Super Secti desig 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. ~~ . 'f.l1:'O Jk[!!A~ - -;(;//;wJ- (. - /U~k~'L# \. -// /, ' ( .~.. /, / ' , --- f--, /' '<'\' I ," ~ ,c '<. v'- ,._~~, . \: Z ., 'c' -( /' (Sheet No. of Sheets) . . ~A O()#/~lttL/_;;'hlt&_/ /tlcttHl~fj;h.' J(! ft..r.J'C'Ct){LW/ df~ -ttftu ,11/1 ;ehC7i'J1iL ' f" '/~ 'i! - .-" , td~ ". " .J w~~/ ,J /~S/ (J2JL~~1)~. I:IP~': rf1rs ~ZI!13~j . PETITION TO BAN BURNING OF LEAVES residents o~4&;A~11i,k--rz:xLl.5 ~9' 7 (subdivision or other rea) respectfully reque t that the ~lbemarle County Board of Superv'sors include this area under the provisions of County Code Sectio 9-23.2 which bans all open burning of leaves in certain design ted areas. / j. ,,/ ~ y / / 29. , j ;g\l~~ji\l 1 ( " - .~. . . fU tt!. t L. ~A Jj /1S/~~. IJM/ t1'l.$-g[)3~ ~.A ~(),R1: - ~ fd;I;;H/~kJ() dJr~A//~ ALBEMARLE COUNTY o ACREAGES o HES IAN HILLS SECTION 50.B,400f'\j,277 O,B. 405 Pg.103 G HESS AN HILLS SECTION 6 0,8. 417, Pg.159 e HES IAN HILLS SECTION 7 D.S 622,Pg565-568 o UNIV RSITY COMMONS D. B. 770, P,j, 338 347 o KNOLLWOOO (MEADOW CREEK) DB. 272, Pg.8 ~ KNOLLWOOD ~ ADDITION HESSIAN HILLS -SEC, I O,B.316, Po,254 o HESSIAN HILLS - SEC, 2 0.8,327, Pl;J,317 ~HESSIAN HILLS-SEC,3 '00,8370, Pl;J,145- 0,8,379 Pg,365 ('";;'\ HESSIAN HILLS-SEC,4 ~ 0,8,378, Pv.I07 JACK JOUETT AND CHARLOTTE SVILLE DISTRICT SECTION 60-A The Id Forge Roa,d Ne"ghborhood One of the nlOft Po~tive nei-.h- ~ f> borly tbings yon can do is k) c::lll 9U and reporl things that you see Ih,-.! seem even f din lly '\. .... ".. " '\. ..... \. . . '..."...'<<~~:</ out .::Jplacei.l.l our r lubJllin ' neighborhoc:d. ~~T .' 1'/14 DOESN'T HP-... V~ Tu BE AN El-,-fER- GENCY!! EX:.llIlples: loitering cars~ ~reedinf; drivers, aimles::o walkers. Do your part to pIe~'Grve ordu: C.\LL 911! 'feenage drivers: SL,O\V DO\VN! ~ REQUEST FOR AGENDA CLERK, BOARD OF COUNTY, SU?ERVISORS ALBEMARLE COUNTY, VIRGINIA Agenda Item No. not change This sh et lp~ ~5, ID(){().~ (Note: This number does if this item is deferred to some future date. is moved forward with all of the paperwork.) Item presentor (For County Executive's information, please note name of person who will be maki~presentation to the Board.) Request Made By ~ a On (Date) ID -OCtJ -q\.~ INSTRUCTIONS FOR USE: This form is to be used when scheduling an item for a Board of Supervisors' agenda. This form will NOT be distributed to anyone, but is intended only for use by the Clerk in scheduling the agenda. Please fill out one copy of this work sheet (it may be handwritten) and return with the orig- inal of any paperwork you wish to have forwarded to the Board. For Clerk's Use: Appointment Confirmed with (name) On (Date) By ( Name) Telephone? Mail? Materials Received with Request? (Yes) Materials Photocopied? (No) Note: On appeal of site plans or subdivision plats, be 'sure to include Planning Commission minutes with paperwork. Form. 2 7/29/86 Edward H. B in, Jr. Samuel Mil er Charlotte Y. umphris Jack Joue 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 Charles S. Marlin Rivanna Walter F. Perkins White Hall October 12, 1993 . Pat Wilson 31 Old Forge Road arlottesville, Va 22901 ar Ms. Wilson: This letter is to inform you that at its meeting on October 1993, the Board of Supervisors set a public hearing for vember 3, 1993, at 10:00 a.m., on a request to ban leaf burning Hessian Hills, Section 5, 6 and 7 (Old Forge Road) This eting will be held in Meeting Room 7, Second Floor, County fice Building. If you have any'additional information you wish the Board to view, please forward~it to this office by October 27, 1993. E C/jng q~~e:el;J r;~7 ~. Carey / . 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" \ D:l.,;') . -' ) '~,f;t{\..J \(. ,:'(1<1." ~ . ..' ',,' cr3 IIC:?,'G::--)L.) '.~~"d. ,',\::11 rile - -.. I: ~ ~ i ~@R U \lf1 R r""'\ 1 : U r - ~ -___..LS_. \'1 L~ ./1r! ! ..r,': ; --'''''''"! "1 , I I II i ~ ~ 1 t f ! j^ ,,_ r { If ,: . ,I., ,. "JL~) } OF ::;UPERVISORS --...~--- FF PERSON: ISORY COMMITTEE: D OF SUPERVISORS: MARY JOY SCALA OCTOBER 18, 1993 NOVEMBER 3, 1993 JOSEPH PLAT Both parcels are served by an access easement off Rt. 674 at Sugar Ac ea e: Tax Map 26, Parcel lOB contains 29.606 acres; Tax Map 25, Parcel 28 contains 91.532 acres. icultural Forestal District: Both parcels joined the Sugar Hollow District it originated in 1989, for a time period of ten (10) years. Use: Both parcels each contain one dwelling and both are currently olled in the use value taxation program for forestry use. Parcel lOB will e use value taxation as a result of this land transfer. osal: The applicant proposes to divide 17.742 acres from Tax Map 26, cel lOB (leaving 11.864 acres residue) and add it to Tax Map 25, Pareel 28, ulting in a total of 109.274 acres, No additional parcels are being ated, no development rights are being transferred, and both parcels will ain in the Sugar Hollow Agrieultural/Forestal District. If the prope::ty e not in an agricultural/forestal district, then the proposed plat eould be roved administratively as an "exempt" plat, son for Review: The plat requires Board of Supervisors approval because it considered a "more intensive use" as defined in the Albemarle County Code, tion 2.1-3, Agrieultural and Forestal Districts (attaehed): ".. . the term 'more intensive use' shall include.. . any division of land., . other than a subdivision having a minimum lot size of twenty-one (21) aeres..." ff opinion is that, because the residue of Tax n 21 acres, this plat requires Board approval. n asked to make a recommendation regarding the Map 26, Parcel lOB is :ess The Advisory Committee has request. ff Comment: There is no precedent for approval of this specific type of uest. The Board has in the past approved only three subdivisions of less n 21 acres in agricultural/forestal districts for various reasons. purpose of this division is to enable the applicant to refinance her home. ff opinion is that this transfer of land, whieh does not create a new cel, will not adversely affect Sugar Hollow District, Staff reeommends roval. isor Committee: The Advisory Committee at its meeting on October 18, 3, unanimously recommended approval of the subdivision request. lr) "" "" I 3ci ~4..~~ "''''' ~<g-' ~ l.:lcri ~ c::i "- '" ., Q ~" , I, lJ.,\\ ~ .11 "'"' ~ 'nil ~ g;'\ ...~ <'1' I ~ ,I) ,/ " --"'" ..., Q ~ .,f\.. 0'2" ' ,~ ? f,Z" :::-::,- QJ ~~~ C:lQJ~..s - '" I -'5~~ In . .--' \\J-..JQ.Q. ,~ ........ o...c.....~'" ~ ~~fY1 . "" ~U')cbt6 e:;c:l ~ " '" >-<:' - '-' "< ~~ c::r:'" o:~ ." ~ .~ ;;" ~ .,., ~ I~ "- ~ >--, >-- ~ '-' 4., Ct: Ct: ~ ~ I. '" ~ ~ ~ '" ~ if: ~ / Q ,~ "'< I. U) "" "" '- . 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'>.:i '" "" ' --~.~~~t"----1-- ~ . . ! . ------ . ----- '---------- " 13 ITE HALL 1'(>(1 ......!,4O<l SECTIOrs~rR~Y .L.~OSEPH PLAT WHITE HALL Df~ '- AGRICULTURAL AND FORESTAL DISTRICTS 2.1-1. 2.1-2. 2.1-3. 2.1-4, Creation-Generally. S:Ime-Application, Development of parcels to more intensive uses. Districts described. Crcation-Generally. The board mo.y, by ordinance, from time to time, create one or more agricultur31 and orestal districts within the county in accordance with the Virginia Agricultural and Fores:al istricts Act (title 15.1, chapter 36 of the Code of Virginia, as arnended), The procedure [or and the consequences o[ the creation o[ such districts shall be as set orth in such act. 6.8-83, SS 1, 2) ec. 2.1-2. Sa...'11c-Application. (a) The director of planning and community development shall cause to be prepa:,ed pplication forms conforming to the sample form set forth in section 15.1-1509E of the Code of irginia and shall thereafter maintain in his office for use by eligible landowners a reasonable number of copies of such forms. (b) Each application for the creation of or addition to :In agricultural and forestal district shall consist of the completed application form as set forth hereinabove, together with two (2) required maps, and shall be submitted to the governing body at the department of planning and community development, (c) Each <1pplication for creation of an agricul.tural and forestal district shall be accom- panied by;:J. [ee oCone hundred fifty dollars ($150,00). No fee shall be cha:'ged [or adding parcels to an agricultural and forestal district, or for reviewing an existing agricultural and forestal district, (ell Each application for withdrawal from an agricultural and forestal district, otter than a by-right withdrawal as allowed under section 15.1-1511 I3.1(v), F" or 15,1-1513D, of the Code of Virginia shall be accompanied by a fee of two hundred fifty dollars ($250,00), (6.8-83, ~~ 3-5; 12-16-87; Ord, of 12-11-91; Orc!, of 7-1.92) Sec. 2.1-3. Development of parcels to more intensive uses. As a condition for approval of any proposed agricultural and forestal district pursuant to this chapter, any parcel in the proposc[d district shall not be developed to a more intensive use, other than a ~se resulting ili more inte~sive agricultural or forestal production, during the period which such parcel remains within the proposed district, without the prior approval of the board, For the purposes of this section, the term "more intensive use" shall include any use which is not permitted by right in the RA zoning district; any division of land other U:an a subdivision which is required to be reviewed pursuant to section 18.57 of this Code, and other L than a subdivision having a minimum lot size of twenty-one (21) acres; or any condomi::tium ~ development with a maximum density of more than one dwelling unit per twenty-o:1e (21) acres;. and the rental of more than one dwelling unit on any parcel, other than dwelling units occuplCd by members of the immediate family of any of the owners of such parcel or by bona fide farm employees, together with their respective families, if any, (6.8-83, So 6; 4-13-88) Sec. 2.1.4, Districts described. 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() Q) (:4-; <<:4-; C rll Ul CJ C o I-) Q) o r, DATE ~ 0, 1<113 AGENDA ITEM NO. 9o.110?,1~~1 (5, \q93 Form. 3 7/25/86 ,.'... ~ " .~ REQUEST FOR AGENDA OF CLERK, BOARD OF COUNTY, SU?ERVISORS ALBEMARLE COUNTY, VIRGINIA {[/!J'- Agenda Item No. lY.1. mIB.~ (Note: This nwnber does . not change ~ item ~s deferred to some future date. This sheet is moved forward with all of the paperwork.) Presentor (For County Executive's information, please note name of person who will be making presentation to the Board.) Request Made By ~ On (Date) ~?J \O"2D...q~ INSTRUCTIONS FOR USE: This form is to be used when scheduling an item for a Board of Supervisors' agenda. This form will NOT be distributed to anyone, but is intended only for use by the Clerk in scheduling the agenda. Please fill out one copy of this work sheet (it may be handwritten) and return with the orig- inal of any paperwork you wish to have forwarded to the Board. For Clerk's Use: ~ppointment Confirmed with (name) On (Date) By (Name) Telephone? Mail? Materials Received with Request? (Yes) (No) Materials Photocopied? Note: On appeal of site plans or subdivision plats, be 'sure to include Planning Commission minutes with paperwork. Form. 2 7/29/86 \ 't '. COUNTY OF ALBEMARli-Q.ZCJ, cf3 -. EXECUTIVE SUMMARY AGENDA T TLE: ZMA-93-0 and SP-93-20 Todd Shields AGENDA DATE: November 3, 1993 ITEM NUMBER: q3.(Rl~.~~ ACTION: x INFORMATION: SUBJECT Request Supervis by Board of CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: : Huff, & Cilimberg REVIEWED BY: - ROUND: request was originally denied by the Board of Supervisors. The applicant has tted additional information regarding the practical and economic feasibility of oping the subject property under current zoning (R-6). (Attached) Staff has been sted by the Board to review the applicant's request, review the possibility of a commercial zoning classification, and comment on the possible effects a change in 1ignment of the Alternative 10 Bypass will have on the Comprehensive Plan ential land use designation in this area. . SIDENTIAL FEASIBILITY The of a the have deve (suc east This reco Ber pplicant's feasibility analysis is based on developing the property with 30 lots tached or detached type dwellings. Planning staff does not want to speculate on arketability of the development example presented in this location. Staff does two comments: (1) We would question the appropriateness of residential opment in lots in this location as the only residential alternative. Multi-family as an apartment building) is another option. (2) This location, as all property of Berkmar Extended, is designated for commercial use in the Comprehensive Plan. designation was intended to allow Berkmar to be the transition point and nized the questionable potential of small areas of residential developing east of ar when the vast majority of acreage is commercial. A er category of commercial zoning could be provided on this property to accommodate the pplicant's commercial proposal. C-1 zoning with a special use permit could be util'zed in lieu of HC with a special use permit. . . ALIGNMENT d the bypass route be changed to a northerly direction between Woodburn Road and ar and across the river, it will certainly jeopardize the residential land use nation west of Berkmar. Considering the right-of-way for the bypass/which will in cases be 300', the area left for development could be limited. More detail as to lignment will have to be provided before more specific impact could be determined. NDATION: has been provided as information for the Board of Supervisors in their evaluation e reconsideration request. 93.1 5 SHIELDS DEVELOPMENT CORPORATION . David P. Bowerman, Chairman bemarle County Board of Supervisors 1 McIntire Road arlottesville, VA 22902-4596 ~ 00 ~ @ ~ 8 "I:' ~ rn BOARD OF SUPERVISORs Re-hearinq Request for ZMA-93-09 C. Todd Shields ar Mr. Bowerman: want to thank you for the consideration you gave at the October , 1993 Board of Supervisors meeting for a re-hearing of the ove rezoning request regarding the proposed AdventureLand mily Fun Park. I strongly believe that AdventureLand fills a id in the market for additional forms of family recreational tivities. information regarding a development scenario of is particular site for an R-6 use. I have also enclosed formation which includes a color copy of the rendering of the oposed project, a copy of the statement signed by the Agnor- rt PTO Board, and a copy of my letter of response to Mrs. mphris regarding concerns she has with this project. appreciate your recognition of the fact that there are new velopments and information in this project's favor warrant~ing a r -hearing of this request. e to the time limitation I have in the contract for this site, would appreciate you supporting a motion to re-hear ZMA-93-09 d to hear SP-93-20 for C. Todd Shields at the October 20, 1993 ard of Supervisors meeting. you for your assistance in this matter. Todd Shields ventureLand Family Fun Park as Post Office Box 7095, Charlottesville, VA 22906 . Tele: (804) 296-4391 Fax: (804) 296-0137 ;- L L ,L / l' '/'l-- ,L . 'I · :'--0"')' ~; : : , I I j -- i : ~. I' / "-, ,-,,,,, I~ "j - ~ ~ - , ~ ..'.' . . f~ ~.~- ~ ~ 41- ,-- !, ':'_-~ i-'.:'-~':" \= ',,:_,; , l;\-,.~_.;,..'.._.. .~!j.'1 ,.~'." \ . \ \8 LiJ.:' Agnor-Hurt PTO Board S tember 28, 1993 ...... The Agnor-Hurt Pro Board has met directly with representative.."t of the p posed AdventureLand Family Fun Park to discuss the proposed co eptual plans for this project After reviewing the proposed plans for AdventureLand, we believe that th development of this project will not adversely affect the normal productive le rning environment of the Agnor-Hurt Elementary School located on B rl,mar Drive. Signed by: ~./ ~ 1 /, 1 ". 'J '--{ < /-Aj24 - III-V/J f--> I Xc 0--7L-:/ 8.6 Develop_ent S~enario lor Tax Map 4S. Pareel 1112 i\lIJeDlarle t;eunty. Virginia For purposes of discussion only, I have prepared a possible dEvelopment scenario to stlpport my premise that it would not be plactical or economically feasible to develop a medium density rEsidential development on the above referenced site. I want to point out that the cost projections are rough e~timations and are based on cost data provided by Shields Censtruction Co., Inc. and Skyline Excavation, Inc. of W<ynesboro. Shields Construction Co., Inc. has been developing lcw to moderate income housing in the Waynesboro-Augusta County alea for the past 25 years. I could not provide these two companies with finished tcpographical and other pertinent site information which could bEtter define the projected development costs. Obviously, I have net had an engineer study this for a R-6 use so that he could l<yout the site with finished grades and provide the road design 01 utility line sizing and placement for a proposed R-6 scenario. However, the projections provided are based on the design Cl iteria for similar types of developments. The cost projections ale based on the best possible educated guesses and they can be a~sumed to be reasonably accurate based on the information which i~ currently available. - ions: The 5 acre site would provide for 30 lots either with a1tached or detached types of dwellings. For our purposes, we hcve assumed that each dwelling unit would be detached. ( Based on the site configuration and current ingress and ecress locations, the site would be accessed from the Kegler's jeint access road. The site would have a single County standard read bisecting the property and providing lots on either side of tle road. The 30' wide urban section interior road on the site weuld be approximately 1175 lineal feet with a cul-de-sac. The e>tension of the access road would be a 20' wide and 805 lineal feot long road. The roads would have a 12" 21A stone base with a 3' B-2 base and a 1 1/2" SM-3A asphalt surface, prime coat. Page 2 Tie access road would also have 600 l.f. of GR-2 guardrail and 110 l.f. of 48" CM pipe, tar-coated with two 48" flared end sEctions and EC-1 erosion stone. The cost per lineal foot for the installation and grading of tie road with CG-6 curb and gutter and the installation of the wcter and sewer lines wocrid cost approximately $175 per lineal feot. Additional costs would include the cost of the cul-de-sac, c earing and grubbing, grading on the site because of excess cut ard fill, bringing a 8" water line and 8" sewer line to the site, lcndscaping, engineering and surveyors fees, erosion control mEasures and upgrading the existing stormwater detention facility lecated beside Kegler's. S a..... .f ~88C8: 1) Land Purchase Price: $572,000 for 5 Acres $114,450 per acre $ 2.63 per square foot 2) Infrastructure Development Costs: a) 1175 lineal feet of road @ $175/lineal foot = b) Cost of cul-de-sac c) Upgrade existing storm water d) Extend 8" water line to site e) Extend 8" sewer line to site f) Clear & Grub site g) Grade excess cut & fill areas h) 805 lineal feet to extend Kegler Access Rd. = i) Erosion control measures j) Engineering & surveying fees k) Landscaping detention pond (Approx. 550') (Approx. 300' $205,625 = $ 15,000 = $ 7,500 = $ 11,000 = $ 9,000 = $ 18,000 $ 62,000 $149,600 = $ 10,000 $ 20,000 = $ 12,500 TOTAL INFRASTRUCTURE COSTS: $520,225 NC TEh This cost assumes adequate public sewer is available to site (' .e. that the existing pump station has either been upgraded or rEplaced with gravity sewer). The cost to increase the pump s1ation's capacity is estimated to cost $226,600. The cost to ccnstruct the gravity sewer is preliminarily estimated to cost $ 50,000. These cost estimates are based on information provided bj the Albemarle County Service Authority in it's 8/17/93 memo to B'll Fritz from Paul Shoop. Page 3 Using the industry standard that the cost of the finished 1 t represents 25% of the sales price of a home you arrive at the f llowing lot costs and home sales price: leula tioll8: ~ $ $ 572,000 520,225 Cost of land Cost of infrastructure $ ,092,225 Total Costs $ ,092,225/30 Dwelling Units = $36,407.50 per unit with adequate sewer availability. or ,092,225 + $226,600 or $350,000 = $1,318,825 or $1,442,225 ich breaks down to $43,960.83 or $48,074.17 per unit to make sewer facilities available. ing the 25% rule and the lot costs given above, the sales price the dwelling on this site would cost between $145,600 - 92,300! This obviously does not meet Albemarle County's price nge for low to moderate income housing. In fact, there are no ortages of housing in this price range and homes in this price nge are readily available in many existing subdivisions. mmon sense would tell you that it is not economically feasible develop this site for residential use in a price range under 0,000. F'nally, the above quick study does not take into account market d mand for this product at this location. I have discussed this w'th several real estate agents who expressed their opinion that t e negative factors of this site's location next to commercial tablishments would all but eliminate the market demand for us~ng on this site unless it was priced in the $80,000 price nge. Obviously, this is not possible to do on this site. is my professional opinion that this site's highest and best e is for commercial development compatible with the existing es. The proposed use is consistent with the existing uses next this site and is consistent with the County of Albemarle's mprehensive Plan for this site. .. *.~ HIELDS EVELOPMENT ORPORATION ober 15, 1993 . Charlotte Y. Humphris emarle County Board of Supervisors McIntire Road rlottesville, VA 22902-4596 ~ Re: Re-hearinq Request for ZMA-93-09 r Mrs. Humphris: was a pleasure speaking with you yesterday afternoon regarding proposed AdventureLand Family Fun Park. I believe that our ephone conversation was productive and hope that the ormation I am enclosing with this letter will address several concerns you have expressed regarding this project. ave enclosed a reduced color copy of the site plan rendering AdventureLand. In addition, I have enclosed a copy of a tement signed by the Agnor-Hurt PTO, an estimated R-6 elopment scenario, and pictures of similar facilities. m my telephone conversation with you, I understood that you do object to this type of recreational use. However, you did st te that your were concerned about protecting the R-6 land near this site as well as its proximity to the Agnor-Hurt School. You al 0 noted that you did not like the possibility of placing the tic field under the parking lot. And finally, you said that did not envision something like this being developed on kmar. ave listened to your concerns and will try to address them. I e my responses to you over the telephone yesterday and would e to reiterate them in this letter as well. parcel of property selected for AdventureLand, Tax Map 45, a tion of Parcel #112, is located just behind Kegler's Bowling t~r on Rt. 29 North. The site was chosen based on criteria th t I was told would be acceptable to the County of Albemarle. This criteria included such items as compatibility with the existing character of the area, the zoning of the adjacent pr perties and the zoning for the selected site, which is in co pliance with the County's Comprehensive Plan. Since Kegler's an Little Links Miniature Golf were already in this immediate ar a, it appeared to be the best possible location. It was my un erstanding the County would prefer to keep the uses consistent wi h what already exists rather than spread a project to other pa ts of the County which do not already have something similar in use. Post Office Box 7095, Charlottesville, VA 22906 . Tele: (804) 296-4391 Fax: (804) 296-0137 M s. Charlotte Y. Humphris C unty of Albemarle o tober 15, 1993 P ge 2 T e parcel selected is surrounded by property already zoned H'ghway-Commercial. The only side zoned R-6 is the land east of t e site which is separated by the proposed Berkmar Road e tension. ~ you are well aware, VDOT is considering changing the western pass' path which would basically bisect the R-6 zoned land in e vicinity of this site. If the placement of the bypass goes a cording to the current plans under consideration, it would v'rtually eliminate the R-6 characteristics that the Board wants t preserve for this area. I also believe that it is unfair to d ny this type of development, on this particular parcel, based o pure conjecture as to how the surrounding area may develop. C rrently, there are no residential developments in the vicinity the proposed project, and I believe it is more important to nsider the existing developments in the area and to make sure at it is consistent with them. all of these factors are considered, the location of my oject would make absolute sense and would in fact be more mpatible than any other site. Even if the bypass were not nsidered, the character of the R-6 community would not be pacted any more or less than any other possible development on is site. Besides, even if it were economically feasible to velop R-6 on this site, who would want to live behind a bowling ley, beside a furniture store and lumber yard and beside land signated for Highway Commercial which has many commercial velopment possibilities? strongly support the development of "affordable" housing in the unty. However, I believe there are much better locations for " ffordable" R-6 housing (perhaps across Berkmar Road from this s'te). I think it would be very poor planning to place any type o housing in an already established commercial district. That i what would happen if this parcel remained zoned for R-6. e market establishes the demand for the development of any oject. If a developer thought it was economically feasible to velop R-6 housing on this site, we would see it develop that y. The fact of the matter is that it is not economically asible and it is my opinion (and that of other fellow velopers) that no development of this nature will occur on is tract of land. s the development of Sam's, Wal-Mart, Rio Hill Shopping Center, e c. adversely affected the character of this area? After all, Sam's Club location has much more traffic and is located further into the residential area beside the store than would my project. " .~.. . SHIELDS DEVELOPMENT CORPORATION , .tD......";:t ~ "" JO-/3,Q3 tj.3. OCN5.~ (PIli tober 12, 1993 . David P. Bowerman, Chairman bemarle County Board of Supervisors 1 McIntire Road arlottesville, VA 22902-4596 Re-hearinq Request for ZMA-93-09 C. Todd Shields Bowerman: rsuant to our meeting yesterday, I am forwarding this letter to r quest a re-hearing for ZMA-93-09 and a hearing on SP-93-20 for C. Todd Shields in November. G'ven the concerns expressed by the Board, I would be amenable to a ending the request for rezoning from H-C to C-1 if necessary. would appreciate this request for a re-hearing be discussed at e Albemarle County Board of Supervisor's scheduled meeting on tober 13, 1993. your assistance in this matter. S . nCerel\/j) Todd Shields ventureLand Family Fun Park Post Office Box 7095, Charlottesville, VA 22906 · Tele: (804) 296-4391 Fax: (804) 296-0137 . ..-...;.::;:;..""="...,.,. . .. . . .~ ~.$+ /0/2-01 B .~~~.. 8-6 DeveloplDeni Seenario RECEIVED for 'ill ~ @ ~ U WI ~)' f 8 199.i Tas Map 4S. Paftel # 112 ! 0 AlheDlarle <<;ount,.. Virginia; n 8 Inlftl '.,'" D t dl ~ a I 9 ep. ;~(2~"RO OF SUPERVISORS For purposes of discussion only, I have prepared a posslb e elopment scenario to support my premise that it would not be ctical or economically feasible to develop a medium density idential development on the above referenced site. I want to point out that the cost projections are rough imations and are based on cost data provided by Shields struction Co., Inc. and Skyline Excavation, Inc. of nesboro. Shields Construction Co., Inc. has been developing to moderate income housing in the Waynesboro-Augusta County a for the past 25 years. I could not provide these two companies with finished ographical and other pertinent site information which could ter define the projected development costs. Obviously, I have had an engineer study this for a R-6 use so that he could out the site with finished grades and provide the road design utility line sizing and placement for a proposed R-6 scenario. However, the projections provided are based on the design criteria for similar types of developments. The cost projections ar based on the best possible educated guesses and they can be assumed to be reasonably accurate based on the information which is currently available. I' The 5 acre site would provide for 30 lots either with a tached or detached types of dwellings. For our purposes, we ha e assumed that each dwelling unit would be detached. Based on the site configuration and current ingress and e ress locations, the site would be accessed from the Kegler's joint access road. The site would have a single County standard road bisecting the property and providing lots on either side of the road. The 30' wide urban section interior road on the site w ld be approximately 1175 lineal feet with a cul-de-sac. The e tension of the access road would be a 20' wide and 805 lineal f ot long road. The roads would have a 12" 21A stone base with a 3" B-2 base and a 1 1/2" SM-3A asphalt surface, prime coat. . . . .. ",.- ? ... .. Page 2 The access road would also have 600 l.f. of GR-2 guardrail and 150 l.f. of 4811 CM pipe, tar-coated with two 48" flared end sec ions and EC-1 erosion stone. The cost per lineal foot for the installation and grading of the road with CG-6 curb and gutter and the installation of the wat~r and sewer lines would cost approximately $175 per lineal foo~. Additional costs would include the cost of the cul-de-sac, cle~ring and grubbing, grading on the site because of excess cut and fill, bringing a 8" water line and 811 sewer line to the site, lan~scaping, engineering and surveyors fees, erosion control mea~ures and upgrading the existing stormwater detention facility loc~ted beside Kegler's. s .1 ~etds: 1) ~and Purchase Price: $572,000 for 5 Acres $114,450 per acre $ 2.63 per square foot 2) Infrastructure Development Costs: a) 1175 lineal feet of road @ $175/lineal foot = $205,625 r) Cost of cul-de-sac = $ 15,000 c) Upgrade existing storm water detention pond = $ 7,500 ~) Extend 8" water line to site (Approx. 550') = $ 11,000 E) Extend 8" sewer line to site (Approx. 300' = $ 9,000 1) Clear & Grub site = $ 18,000 ~) Grade excess cut & fill areas = $ 62,000 1) 805 lineal feet to extend Kegler Access Rd. = $149,600 ) Erosion control measures = $ 10,000 ) Engineering & surveying fees = $ 20,000 !'-) Landscaping = $ 12,500 !' TOTAL INFRASTRUCTURE COSTS: = $520,225 NO,j'lE: This cost assumes adequate public sewer is available to site (i e. that the existing pump station has either been upgraded or replaced with gravity sewer). The cost to increase the pump st~tion's capacity is estimated to cost $226,600. The cost to co~struct the gravity sewer is preliminarily estimated to cost $3~0,000. These cost estimates are based on information provided by the Albemarle County Service Authority in it's 8/17/93 memo to Bi~l Fritz from Paul Shoop. . . . .- II... ~ . . Page 3 Using the industry standard that the cost of the finished I t represents 25% of the sales price of a home you arrive at the f llowing lot costs and home sales price: leolations: $ $ 572,000 520,225 Cost of land Cost of infrastructure $ ,092,225 Total Costs $ ,092,225/30 Dwelling Units = $36,407.50 per unit with adequate sewer availability. or $ ,092,225 + $226,600 or $350,000 = $1,318,825 or $1,442,225 w ich breaks down to $43,960.83 or $48,074.17 per unit to make a equate sewer facilities available. ing the 25% rule and the lot costs given above, the sales price the dwelling on this site would cost between $145,600 - 92,300! This obviously does not meet Albemarle County's price nge for low to moderate income housing. In fact, there are no ortages of housing in this price range and homes in this price nge are readily available in many existing subdivisions. mmon sense would tell you that it is not economically feasible develop this site for residential use in a price range under 0,000. F'nally, the above quick study does not take into account market d mand for this product at this location. I have discussed this w'th several real estate agents who expressed their opinion that t e negative factors of this site's location next to commercial e tablishments would all but eliminate the market demand for h using on this site unless it was priced in the $80,000 price r nge. Obviously, this is not possible to do on this site. is my professional opinion that this site's highest and best e is for commercial development compatible with the existing es. The proposed use is consistent with the existing uses next this site and is consistent with the County of Albemarle's mprehensive Plan for this site. ." IO<~J0"3 q~'IIO?;,(p.3-~ COUNTY OF ALBEMARL MEMORANDUM TO: Albemarle County Board of Supervisors FROM: Robert W. Tucker, Jr., County Executive DATE: October 27, 1993 RE: comprehensive Planning Update As requested, I have consulted several people regarding the possibility sing planning experts to discuss various ideas with the Board of rvisors, the Planning commission and other interested citizens, as as the City and University. Harry Porter has been kind enough to est four potential candidates from UVA's Architecture School that d present various creative planning techniques for our ideration. It has also been suggested that the Urban Land Institute d possibly provide expertise along the same lines and could ntially participate in such discussions. I wo ld recommend that staff make contact with these various individuals and set up a forum which would become one of the earliest sessions held in ur Comprehensive Plan Update process. This creative idea approach cou d be the initiative for generating other ideas in a more citizen ori nted visions forum. I I ok forward to a discussion of this matter on November 3. RWTjr/bat 93.195 c: . Wayne Cilimberg COUNTY OF ALBEMARLE EXECUTIVE SUMMARY IO.ZQ,C{3 AGENDA T TLE: Gainshar'ng Proposal AGENDA DATE: November 3, 1993 ITEM NUMBER: Q3.j \U3.&2rr ACTION: X INFORMATION: SUBJECT Proposal through the work CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No STAFF CO Messrs. REVIEWED BY: ~ : Huff I BACK ROUND: In a effort to continue looking for ways to reduce costs and/or personnel within the orga ization, staff is proposing that the County Executive be given the authority to offer a co cept known as "gainsharing" to County employees, Gainsharing is a voluntary program whic provides an incentive to a department and/or employees to pick up a heavier workload over a given period of time in exchange for a sharing of the savings generated, For exam Ie, if a tax clerk were to resign in the Finance Department, up to 45% of the savings gene ated by the vacancy could be given to the remaining tax clerks to absorb the workload thro gh a bonus, step increase, authorized overtime, improved equipment to make them more effi ient, or similar incentive. The remaining savings, to be at least 55% of the total crea ed, would revert back to the General Fund in an effort to help stem the need for addi ional funds for increased costs of future operations. SSION: haring is seen as a win/win solution to alter the traditional thinking of many rs that they shouldn't participate in creative ideas to save tax dollars. It des a mechanism for a monetary incentive to be provided for the employees to see a it to avoid filling vacancies when they occur. Lastly, it benefits the taxpayers in ding a program whereby savings are returned to the General Fund to be made available ther priorities of the community. A part of this proposal has to assume that the ty of the services being provided would not be diminished. NDATION: s recommended that the County Executive be given the flexibility of offering haring incentives to employees as outlined above as a pilot program. Such incentives be offered in those cases where documented savings to the County can be shown and rmance of the program can be documented as to the dollar savings generated by the sale If the Board supports this innovative program, staff will provide a policy for mentation in your December packet. rm.. rn h.. D, r~- \ 1 I :'~ 1 : !Ii j @ rn 0 ~~ ~ l ii ~ ? li U j . l \~_c' 1 93.1 1 '\Im OF SUPERVISORS .. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY u~~ ,2fl,'P ~'" ." '~~, rc; r-,'~:" l! D ,l~ .'~:J lS I.t \J L~ l;t; I, '4.,} :r'."-.""--~'''-''- '<<~'-~;""'l' f j j : i ~ n \ : , ;; i l i ' ':,: ';1 H :,i ;",; ~ lu ~ ;_' AGENDA T TLE: FY 1994- 5 Preliminary Revenue Projections and Budg t Guidance AGENDA DATE: November 3, 1993 ; PCJ\RO :ai1i~Ji&SORS I 1 "-"-'-"'_', ,J 'f3 " lD~~ . to.?b INFORMATION: ACTION: X SUBJECT prelimin for FY 1 General CONSENT AGENDA: ACTION: INFORMATION: REVIEWED BY: .. ATTACHMENTS: Yes hed for your information in developing budget guidance for FY 94-95 is a preliminary an overall revenue increase of $2.9 million, or a 4.2% increase over FY 93-94 million, total property taxes increase by approximately $2.1 million (4.6%), revenues by $645,755 (3.5%) and state and federal revenues by $333,500 (6.6%). econd attached sheet shows a 4.6% increase in overall property taxes reflects a ficant drop in real estate taxes of approximately $600,000 in the current year due much slower than projected growth in new construction, for an actual decrease of 00 in real estate revenues over FY 1993-94. Personal property taxes remain strong a projected 13% increase over FY 93-94 due to increased car sales over the past year. .5% increase in other local taxes reflects a healthy outlook for sales tax revenues , while fees from building activities are projected to decline by 10%, again due to er than anticipated growth in new construction. can see under the committed expenditures, the most significant and expected incr ase is in the debt service for the new middle school. The remaining commitments refl ct an increase of $155,880 in revenue sharing, and an increase of $140,000 in the Boar's reserve fund over the current $61,000, for a total reserve fund for FY 94-95 of $200 000. After meeting these commitments of $1.3 million or 45% of the new revenues, the net vailable revenues are $1.6 million, or a 2.8% increase in operating revenues for both the chool division and general government. Using the 40%/60% allocation formula, the scho 1 division would receive $975,443 in new revenues, general government would receive $650 295. mpact of these reduced new revenues on both general government and the school ion will be severe. For general government, projected increases in health insurance its and VRS rates, as well as vested merit increases, will consume all but ximately $200,000. Due to this constraint, all departments and community agencies at best receive level funding, and possibly reduced funding for their FY 94-95 ts. For infl anci end and he School Division, the projected 2.8% increase of $975,443 may cover some of the tionary costs for current personnel and operations, but will not begin to address the ipated costs of $1.3 to $1.9 million for opening the new middle school, At the high cenario, the $1.9 million is broken into recurring costs of approximatley $900,000 ne-time costs of $1 million. To assist the school division in attempting to at least address the one-time costs, staff reco ends, as shown on the bottom of the attached sheet, that the VPSA refund of $379,000 as w 11 as FY 92-93 school fund balance revenues of $275,000 be used to help fund these one- ime middle school costs. Although the school division has asked in a separate request that these funds (Enrollment Reserve of $274,184) be appropriated into the current year, staf suggests that the school's enrollment loss be covered from the current year 7.5% hold ack and that the FY 92-93 balance be carried forward to help fund the one-time middle scho 1 costs in FY 94-95. RECO ATION: Staf recommends approval of the proposed distribution of FY 1994-95 revenues to general gave nment and the school division, as well as the recommended use of the VPSA refund and scho( 1 carry-over funds to help cover the one-time costs of opening the new middle school. 93.1 0 . . FY 199 ~-95 ALBEMARLE COUNTY GENERAL OPERATING FUND PRELI~~ INARY REVENUE PROJECTIONS INCREASE IN DOLLARS OVER 1993-94 CHANGE IN REVENUES OVER 93/94 2,132,660 OTHER OCAL REVENUES 645,755 ST A TE/F EDERAL REVENUES 333,500 FUND B j\LANCE (167,047) PRO UECTED REVENUE INCREASE $2,944,868 $2,944,868 COMMIl ED NEW EXPENDITURES DEBT SE RVICE 1,023,250 REVENU E SHARING 155,880 INCREA ~ED TRANSFER TO CIP FUND 0 BOARD ~ESERVE FUND 140,000 TO' AL COMMITTED EXPENDITURES $1,319,130 $1,319,130 NET AVJ. ILABLE NEW REVENUE $1,625,738 $1,625,738 PROPO~ ED PRELIMINARY DISTRIBUTION AVAILAB LE REVENUES TO SCHOOL DIVISION @ 60% $975,443 AVAILAB ~E REVENUES TO GENERAL GOVERNMENT @ 40% $650,295 DOLLAR PERCENT FY 94/95 OPERATIONAL BUDGETS FY93/94 FY94/95 INCREASE INCREASE GENERA ~ GOVERNMENT $23,316,565 $23,966,860 $650,295 2.79% SCHOOL DIVISION $34,677,940 $35,653,383 $975,445 2.81% ADDITI bNAL REVENUES FOR ONE TIME MIDDLE SCHOOL COSTS VPSA REFUND 379,000 SCHOOL FUND FY 92-93 CARRY-OVER 275,000 SUBTOTAL ONE-TIME REVENUES 654,000 TOTAL S ~HOOL REVENUES I 1,629,445 4.70% 10/27/93 Prelimina~ Revenue Projections Appropriated 10/19/93 Preliminary Budget Projection Budget $ % FY 93/94 FY 93/94 FY 94/95 Increase Increase Pr ert axes Real Estat Current 30,941,000 30,299,342 30,852,400 -88,600 -0.29% Public Se ice Current 1,245,000 1,627,000 1,628,000 383,000 30.76% Personal roperty Current 11,409,340 11,852,000 13,000,000 1,590,660 13.94% Mobile Ho e Current 62,000 62,000 60,000 -2,000 -3.23% Machinery ools Current 790,000 864,000 875,000 85,000 10.76% Miscellan ous General Property 1.292.000 1.404.247 1.456.600 164.600 12.74% 45,739,340 46,108,589 47,872,000 2,132,660 4,66% 15,640,800 15,796,000 16,501,100 860,300 5.50% 850,200 754,600 757,500 -92,700 -10.90% 177,000 195,200 217,900 40,900 23.11% 901,300 784,100 760,800 -140,500 -15.59% 616,435 626,000 648,600 32,165 5.22% 97,100 106,100 113,600 16,500 16.99% 166.810 149.800 ~ -70.910 -42.51 % 18,449,645 18,411,800 19,095,400 645,755 3,50% 64,188,985 64,520,389 66,967,400 2,778,415 4,33% 66,300 62,016 62,100 -4,200 -6.33% 539,916 576,899 578,700 38,784 7.18% 1,269,528 1,320,319 1,335,900 66,372 5.23% 2,969,126 2,883,260 3,204,000 234,874 7.91% 11 ,000 10,983 11,000 0 0.00% 190.430 178 500 188.100 -2.330 -1.22% State & Fe eral Revenues 5,046,300 5,031,977 5,379,800 333,500 6,61% 167.047 248.147 Q -167.047 -100.00% 10/28/9 69,402,332 69,800,513 72,347,200 2,944,868 4,24% 1[.; ''2<1.q?)_ COUNTY OF AlB1MARLE EXECUTIVE SUMMARY rrl ~W~~....~ Ill;'" \ ! ; :; .~.? ;(1.t';~ f ' ,~'J~,. SUBJECT Draft pr Legislat 1994 Legislative Positions AGENDA DATE: November 3, 1993 i'~.\ R D OF~hcv~n \ ':.:~~~l ~SJ' y , 031~/30' AGENDA T Albemarl ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes STAFF CO Messrs. REVIEWED BY: -4 White Attache Albemar will 10 carried legisla your review is a draft of the proposed 1994 Legislative Program listing e's positions and proposals for the 1994 General Assembly. Many of the proposals k familiar, as the majority of positions on the attached list have simply been over from prior years. New proposals have been highlighed in bold italics; ion being requested specifically for Albemarle County is shown with an asterik. Only new proposals are being requested to be introduced for Albemarle County: o gislation that adds Albemarle County to the two other counties, Prince William a d Fairfax, that may require Board of Supervisor's approval before an applicant may w'thdraw from a local ag/forestal district, rather than simply be allowed t:he applicant t withdraw by request. o gislation to allow local jurisdictions to retain any assets from police activities, rticularly assets involved in a local drug effort. Currently the state may take which sets they choose to be channeled into the Literary Loan Fund, a resource that is no to Albemarle County, due to our revenue capacity compared to other For bac ground information on the other positions, I have included a copy of VACo's draft 1994 le islative program that may provide more detail on many of the legislative issues coming efore the General Assembly. RECOMME Since t is is a draft proposal of Albemarle's 1994 legislative program, which in all probabi ity will be added to or amended based on the Planning District's program, as well as any new roposals from the VACo meeting this weekend, staff recommends that the Board defer any ac ion on the official legislative program until the December meeting. Any additio s/deletions will be brought back to you at that time. Albemarle County 1994 Legislative Positions Maior Lee:islative Positions .. EQUAL TAXING/BORROWING POWER: To meet the increasing demand to provide services to a growing population, Albemarle County urges the General Assembly to grant Counties the same taxing and borrowing authority as Cities. · STATE LOTTERY FUNDS: Albemarle County supports legislation requiring that net funds raised from the Virginia State Lottery be distributed back to localities for needed capital projects. · STATE MANDATES: With the increasing fiscal stress on local government from declining federal and state aid, Albemarle County opposes any law or regulation that requires a local government to administer an expanded program or new service unless the state agrees to reimburse the locality for the net cost of the program. · GROWTH MANAGEMENT: To effectively plan for and manage the projected growth in the next decade, Albemarle County supports enabling legislation that will allow the use of growth management tools such as impact fees, transfer development rights and purchase development rights. Soecific Lee:islative Prooosals FlNANCES Tp expand revenue powers by providing equal taxing power to counties. Tb provide for local flexibility in the collection of real estate taxes, so that the long term home owners aJ e not driven from their primary homes due to rapid inflation, i.e. homestead exemption, circuit breaker, f( fund of excessive tax based on sliding scale, classification allowing different rates for different values o property. Tb return a portion of the state lottery funds to localities for infrastructure needs. Tp provide enabling legislation to allow for the increase of the roll back period for land use tax from five tc ten years. Tp oppose any legislation to increase the local share of funding for constitutional officers. Tp allow local governments to detennine minimum acreage requirements for land use value assessments f( r agricultural, horticultural, forestal or open space real estate. To oppose any changes to the HB 599 distribution fonnula which would reduce funding to localities with P lllice Departments. To support a change in the current calculation of the composite index for basic school aid that recognizes c unties that use the land use value assessment program. Bold Italics-New Legislative Position .Specific Legislation for Albemarle County 1 o provide an appeals process for localities on the calculation and determination of their composite idex. o raise the ceiling on fees collected for courthouse construction, renovation and maintenance from $ to $6 to assist local governments in providing facilities and equipment for the new family courts. ROWTH MANAGEMENT AND PLANNING provide for enabling legislation which allows for the use of growth management tools in all localities s ch as: · Impact fees .. Transfer development rights (TDRs) · Purchase development rights (PDRs) require recognition, as well as notice, of local comprehensive plans by state agencies. support enabling legislation for an Adequate Public Facilities Ordinance. oppose legislation providing vested property rights in rezonings. oppose any state legislation that preempts local zoning ordinances, continue support for the State Data Center Network (which includes the Virginia Employment C mmission, the Center for Public Service, and PDCs) and appropriate funding for regional and local alysis and growth management planning. T promote shared land use data and Geographic Information System (GIS) technology among state a encies, PDC's and localities. provide funding for regional environmental plans and assessments. T develop financial incentives to promote regional planning efforts, including infrastructure planning, c nstruction and maintenance. support legislation which would authorize local governments to establish reasonable procedures and e limits for the amortization of non-conforming signs. * 0 add Albemarle County to current legislation that allows certain counties with local aglforestal tricts to follow withdrawal procedures requiring Board of Supervisors' approval rather than downers' decision, oppose efforts mislabeled as private property protection laws that seek to weaken local powers to r ulate land uses and protect the community's health, safety and welfare (takings legislation). UCA TION oppose requiring binding arbitration for teachers. 2 Bold Italics-New Legislative Position .Speclfic Legislation for Albemarle County o support increased funding for standards of quality. o oppose "Share the Ride" legislation. o oppose extending teacher grievance procedures. o repeal post Labor Day school opening. o request funds from lottery proceeds to be distributed back to localities, including a percentage e elusively allocated to education. provide support for provisional certification for professionals or otherwise qualified individuals to enter t aching careers. support the repeal of tie vote restrictions for school hoards, allow local government entities, i.e. counties, cities, school hoards, to join Virginia's state health surance group, T support incentives for energy conservation in school building and construction. ASTE MANAGEMENT provide funds for the upgrading of landfills to legislated standards. provide funding for state and federal mandated qualities or standards for solid waste and clean water anagement. support cost effective container deposit/packaging legislation. prohibit the use of non biodegradable containers whenever safe, degradable alternatives are viable. continue encouraging the state to take an active role in developing markets for recyclables. request that the state institute incentives to encourage source reduction. I stitute financial incentives to work regionally on waste management solutions. T reserve all recyclables for the localities or their designated authorities so that the waste stream flow is sufficient to be marketable. support a shared pool for financial assurance for closing of landfills. support the creation of a legislative study committee to evaluate the impacts of federal and state solid te mandates on localities. USING support low income housing initiatives by continuing state funding of the Housing Partnership Fund. allow greater local authority to require provisions for affordable housing. Bold ItaUcs-New Legislative Position .Specific Legislation for Albemarle County 3 UBLIC SAFETY/CORRECTIONS o provide adequate state facilities for state felons in order to relieve local jails. o request that reimbursement for jail construction projects be incremental rather than at the conclusion o a project and that reimbursement for regional projects be at 50% of the construction, enlargement or r novation costs, not "up to 50 percent." · 0 provide state funding for DARE programs within sheriffs offices, · 0 request that localities receive recognition for local drug efforts by being allowed to retain any u claimed assets obtained by law enforcement personnel in the performance of their duties, provide funding for regional transportation planning and for local transportation needs. T provide enabling legislation for transportation districts which would allow for inclusion of state u iversities and colleges. T require VDOT to consider land use impacts and local comprehensive plans before proceeding with h ghway projects. T support additional funding for secondary roads and oppose any reallocation formulas that would reduce lbemarle's transportation funding. EAL TH/HUMAN SERVICES provide ongoing administrative funding for the Comprehensive Services Act. provide full state funding for indigent medical care. support the efforts of Phase II of the Commission to Stimulate Personal Initiative to Overcome Poverty their efforts to address the issues of poverty and disincentives in current income-assistance programs. support continued funding of the "Opportunity Knocks" Program. fully fund state aid to public libraries. A MINISTRA TIVE T oppose changing the current FOIA law to require the production of new computer records. T, support legislation to bring the state constitution in line with National Voter Registration Act m ndates (2nd year), L GPKG.94 4 Bold Italics-N~ Legislative Position .Specific Legislation for Albemarle County + + + + + + VACo 1994 + + legislative + + program + + + + + + This is he draft legislative program for 1994 for the irginia Association of Counties. unit and Economic Dev 10 ment/Rural Affairs Steerin Committee Priori ies Infrastru ture needs v ACo req ests grants and loans from the state to help local governme improve facilities for water, wastewater treatment d solid waste disposal. housing v ACo sup rts affordable housing initiatives and the state's continued unding of the housing partnership fund, Value-ad ed products v ACo sup rts legislation to provide adequate research funding fo the development of value-added products in natural res urce based industries located throughout the commonw alth. Other positions Economi development highways v ACo req ests that the top priority of the Commonwealth Transporta . on Board be the allocation of highway funds for the rapid c mpletion of highways essential to the economic developme t of a region or community. Adult iIIit racy v ACo urg s the General Assembly to continue to appropriate sufficient f nds to help community colleges eliminate adult illiteracy. Industrial parks v ACo supports funding in the form of grants and loans for the development of industrial parks and for the shell building program. Planning district commissions v ACo requests that state appropriations be increased for planning district commissions to help localities implement economic development programs. Work force training v ACo supports legislation to provide adequate funds to join with private industry and local governments in providing training and re-training to a region's work force. The industrial training program should be fully funded as an asset to economic development efforts, Tourism Recognizing that tourism is one of Virginia's leading businesses, V ACo encourages the promotion of tourism internationally, nationally and statewide. Center on Rural Development v ACo supports continued funding for and maintenance of flexibility in the program of the Center on Rural Development. Pending issues Legislative proposals to be considered by the Community and Economic DevelopmentlRural Affairs Steering Committee during its meeting at 2:45 pm, on Nov, 7 at the Homestead during V ACo's Annual Meeting include: industrial access road programs interjurisdictional revenue sharing Education Steering Committee Priorities Equity in education V ACo recognizes that there are disparities in education both among school divisions in the state and within individual divisions. The state must ensure that students regardless of their means can obtain a quality education. V ACo opposes efforts to address disparity by simply redistributing existing state aid among jurisdictions. Increased state funding should be achieved without reduction to other funding components of the state's public education budget or to other state funding items affecting local governments. V ACo recognizes the difficult predicament of public schools today. The success of individual students and of school systems depends on myriad socioeconomic factors including parental involvement, public safety, proper nutrition and health care of the student and community support. Often, public schools are expected to correct all family, health, community and societal misfortunes. V ACo recognizes that the primary mission of public schools is education and supports all efforts to provide equitable access to quality education to all students in the commonwealth of Virginia. State mandates v ACo supports the state providing full funding to pay for mandates, including mandated teacher pay increases. V ACo urges state officials to recognize the budgetary effects on local governments of additional instructional, structural or capital improvement requirements. The state must provide funding for the actual cost of meeting mandated standards of quality. In addition, V ACo supports any legislation that improves or enhances the local jurisdiction's ability to manage the local education system. Standards of quality v ACo supports broadening the numbers of positions and funding of the standards of quality, which will cover mandated elementary music, art, guidance counselors and physical education programs. It should be noted that small rural localities are particularly hard hit when trying to provide these programs, Financing school construction V ACo supports legislation relative to a school capital improvements program that takes into consideration school construction and debt service needs in the state. V ACo also urges the General Assembly to consider state funding to local school divisions for considerable capital construction or facility renovations. V ACo requests that the General Assembly restore the category of capital outlay in the fiscal 1993 school budget and subsequent school budgets. In addition, local funds expended for capital outlay and debt service should be credited by the state toward the county's local expenditure effort, not toward SOQ expenditures. V ACo supports enhanced funding for public education, including increasing the funds available for distribution to localities through the literary loan fund or other innovative revenue sources, such as the lottery, for capital construction or renovations. Transportation of non-public school students v ACo opposes legislation that would require local school boards to provide transportation for non-public school students. 2 While the transportation service would be paid for on a per- pupil basis, this would not take into account increased costs for equipment, fuel, maintenance, staffing and liability insurance. Land use value assessment program v ACo supports a change in the current calculation of the composite index for basic school aid that recognizes counties that use the land use value assessment program. Although the taxable land value for local revenues is diminished through this program, the full assessed value of this land is used to calculate the composite index. Direct election of school boards V ACo continues to be concerned about issues that must be addressed on the local option of elected school boards: current financing mechanisms for education, the question of bonding authority, the ability of local governments to raise revenues, the revenue mechanism that would be given to elected school boards and the issue of minority representation on boards. Notification of budget hearings v ACo supports amending 922.1-92 of the Code of Virginia to require local school divisions to publish notice of budget public hearings and to require school divisions to have copies of the proposed budget available during the advertised period. Other positions Mandates on school districts V ACo strongly opposes actions that take away the authority of local school boards and local governing bodies to manage local schools. V ACo strongly supports provisions to retain and enhance the school board's ability to set the school calendar, establish teachers' salaries, state requirements establishing eligibility for participation in athletic and extracurricular activities, determine additional positions and maintain autonomy in personnel policies. V ACo opposes legislation that would require public school divisions to provide school bus transportation for students attending non-public schools. Standards of quality'" full funding A top priority of V ACo is increased funding for education, including full funding of the state's share of the actual costs of standards of quality and full funding of categorical educational mandates. Increased state funding should be achieved without reduction to other funding components of the state's public education budget or to other state funding items affecting local governments. The state s ould factor public school capital improvement costs into e standards of quality and begin to share in funding th se costs. the General Assembly to recognize local governmen ' long-standing support of public education, For many year , local governments have funded educational costs beyond the required share in efforts to provide quality education. should be accompanied by full state funding. Standard of quality'" calculating cost v ACo urg s the General Assembly to study the methodology developed y the Joint Legislative Audit and Review Commissi for calculating the costs of the SOQ with special focus on ether the methodology fairly reflects the actual costs of m ting the standards. The methodology does not take into a count differences in costs in various regions of the state and d s not adequately address unique local conditions such as sm I, large, declining or diverse student populations. Teacher alary mandates v ACo sup rts state funding of teacher salary mandates. These man ates take away local officials' ability to make appropria budget decisions and impose undue financial hardships n local governments. Teacher salary mandates have creat d tensions in local governments when funded at the expens of salary increases for other local government employees Literary I an fund v ACo sup rts that the state fully restore funding to the literary 10 fund and restrict its use to the purposes for which it was orig nally intended, Elected shoal boards and taxing authority v ACo sup orts studying the advantages and disadvantages of amending e constitution to allow elected school boards to set and lev taxes to support local public education. Counties i Virginia have requested additional taxing authority ti m the General Assembly for years and have been denied that authority. Before taxing authority for elected school bo ds is granted, the General Assembly must consider granting n or additional taxing resources to local govern men to replace or supplant the property tax. Moreover, e list of unanswered questions for which no answers ar readily available suggests that many issues need to be resol ed before V ACo can take a position on elected school bo ds with taxing authority. However, in all instances, the decisio s regarding taxing authority for local school boards sho ld remain a local option. School construction bonds v ACo believes that savings from Virginia Public School Authority refundings should be returned to the local government issuers involved in the original school bonds issue. V ACo also supports legislation that would prohibit the General Assembly from overriding the VPSA and appropriating to the state any savings resulting from a refunding. School opening v ACo supports granting local school divisions authority to establish opening dates for schools. Pending issues Legislative proposals to be considered by the Education Steering Committee during its meeting at 2:45 p,m. on Nov. 7 at the Homestead during V ACo's Annual Meeting include: · the free school breakfast program · free textbooks · school nurses revised Department of Education budget initiatives and revised World Class Education program Finance Steering Committee Priority 1 State mandates V ACo supports the reduction of unfunded regulatory and statutory mandates and opposes any state mandates on local governments without sufficient funds to cover the costs of mandated requirements. Equal taxing/borrowing authority with cities v ACo supports granting counties the same taxing authority as cities and towns. V ACo supports legislation granting counties the same borrowing authority as cities. Local government authority v ACo opposes any efforts to limit or cap local governments' abilities to raise revenue. Specifically, V ACo opposes any efforts to restrict or limit the growth of real estate revenue, real estate assessments or real estate tax rates. V ACo supports serious consideration of relaxing the provisions of the Dillon Rule. 3 Lottery distribution v ACo encourages the General Assembly to return some portion of lottery profits to local governments, as originally intended when the lottery was proposed. V ACo supports legislation requiring that, beginning July 1, 1994, at least 25 percent of net funds raised by the Virginia State Lottery be distributed to counties and cities and that towns be excluded from this distribution unless the towns are funding schools, These funds should not reduce or supplant any funds currently provided to local governments by the state, Priority 2 Expanded revenue powers .. local governments Local governments should have the authority to expand their revenue powers to include a local option income tax, a local option sales tax, a local option real estate transfer tax, a local option regional gasoline tax and a local option minerals severance tax. Local option sales tax - V ACo supports a local option sales tax increase of a half-cent to offset mandates including, but not limited to, solid waste collection, disposal and recycling and schools. Local option income tax - V ACo supports enactment of local option income tax authority to local governments based on point of collection without a referendum. This power should not be encumbered by a maintenance-of-effort requirement that would restrict the flexibility of localities to address local needs and concerns. Real estate transfer tax - V ACo supports authorization of a local option real estate transfer tax. Regional gasoline tax - V ACo supports legislation to allow a regional gasoline tax dedicated solely for transportation improvements. Minerals severance tax - V ACo supports legislation to allow a local option minerals severance tax. Expanded revenue powers .. commonwealth of Virginia V ACo supports an additional statewide half-cent sales tax returned to local governments based on school-age population. V ACo supports a statewide cigarette tax with revenue to be distributed to local governments based on school-age population. (V ACo suggests that the state raise the state cigarette tax from 1.25 mills per cigarette [2.5 cents per 20- cigarette pack] to 2.5 mills per cigarette [5 cents per 20- cigarette pack] and distribute the increase to local governments based on school-age population.) Other positions Distribution of ABC profits V ACo supports the distribution of funds to localities according to either the latest U.S. census or an annual estimate of the population made by the Center for Public Service, whichever is greater. Local option ABC sales and use tax V ACo supports legislation returning to localities the local option 1 percent sales and use tax on alcoholic beverages sold in ABC stores. Land use taxation V ACo supports the local option of extending the rollback for land use taxation from five to 10 years. V ACo supports authorization to allow local governments to determine minimum acreage requirements for land use value assessments for agricultural, horticultural, forestal or open space real estate. Constitutional officers V ACo opposes any legislation to increase the local share of funding for constitutional officers. V ACo particularly opposes any efforts to allow the Compensation Board to reduce its approved funding levels for dispatchers in local sheriffs offices because a local E-911 fee is charged. In most localities, the E-911 fee does not fully cover the cost of providing E-911 service. Real estate tax relief V ACo opposes any statewide efforts to modify existing real estate tax relief for the elderly. HB 599 study V ACo opposes any changes to the HB 599 distribution fonnula that would reduce funding to counties with police departments. BPOL taxation of research and development firms V ACo opposes any legislative efforts that would decrease the number or category of items currently taxable as intangible personal property. V ACo requests amendments to ~58.1-3706 and 58.1-3732 of the Code of Virginia, which became effective July 1, 1993, and which reduce county BPOL taxing authority. Motor vehicle decals V ACo requests amendments to ~46.2-752(c) to allow localities to require that all personal property taxes, including business accounts, are paid before issuing a decal. 4 Funding or libraries and cooperative extension v ACo sup rts full funding for state aid to public libraries and full fundin for the Virginia Cooperative Extension Service, including e reinstatement of agricultura1lhorticultural positions. Reasses ment V ACo sup rts legislation to allow localities to index annually ket values based on the state's yearly sales ratio analysis. is would allow local governments to phase in adjustmen without requiring costly annual or biannual general re sessments, V ACo sup rts legislation requiring citizens to present their concerns d questions on the property's new or assessed value to th assessing officer and/or board of assessors before taking the tter to the appointed board of equalization. Reassess ent of manufactured homes V ACo sup rts that manufactured homes installed according to the unit rm statewide building code be assessed at the time of assessm nt of the real property on which they are installed. The manu!: ctured home should be assessed in the manner and using the s e methods applied in the locality to convention homes that are assessed under Article 6, Chapter 32 of Title 8.1 of this code. Sales tax exemptions V ACo sup rts eliminating the various sales tax exemptions and exten ng the sales tax to various services, Pendi 9 issues Legislative proposals to be considered by the Finance Steering C mmittee during its meeting at 1 p.m. on Nov, 7 at the Homes ead during V ACo's Annual Meeting include: · IUR 5 6 (BPOL study) · IUR 5 7 (manufacturers study) · SIR 1 5 (bingo study) · constit tional officers' pay-for-performance proposal · resolu ons from Halifax and Mecklenburg counties that V ACo omit tobacco and cigarette taxes from the list of items t be covered under equal taxing power a requ st from Montgomery County that state-funded colleg not be immune from paying local taxes on revenu received from conventions held on campus General Government Steering Committee Annexation V ACo supports legislation that would continue the moratorium on city annexations. Land use and zoning V ACo opposes any legislation impeding a local government's authority to determine its own land use policies and zoning regulations. Disclosure V ACo opposes any legislation or regulation that would require a state or local government agent or employee to disclose his or her government affiliation when negotiating to buy property on behalf of the state or locality. Unfunded mandates V ACo opposes any law or regulation requiring a local government to perform or administer a new or expanded service or program unless the state reimburses the locality for the net additional cost of the service or program. Cooperation v ACo supports regional approaches. by local governments in delivering services to their constituents and encourages the state to provide financial incentives for regional cooperation. Collective bargaining V ACo opposes collective bargaining for public employees, including meet-and-confer laws. Prefiling legislation v ACo respectfully requests the General Assembly to consider rules for prefiling bills introduced for the "short session" of the legislature. Citizen groups and local governments in particular had a difficult time giving proper consideration to a majority of the bills during the 1993 session because many bills came back from the printer the same week the House or Senate considered them in committee. Retirees' health insurance v ACo requests that any local government retiree, at his or her own expense, be allowed to join the state employees group health insurance plan. Dillon Rule V ACo strongly supports the recommendations of the Governor's Advisory Commission on the Dillon Rule and Local Government and requests that the General Assembly 5 enact legislation to put into law the commission's recommendations. Family courts v ACo urges the General Assembly to provide funds to counties and cities to help cover the cost of additional facilities and equipment required by the new family court system. Courts v ACo supports juvenile traffic offenders being tried in the general district court rather than family court. Unfunded mandates v ACo supports Congressman James P. Moran's bill on federal relief to local governments from additional cost placed on them by federal mandates. Energy taxes v ACo urges Congress to exempt state and local governments from any tax on energy, whether a direct or indirect tax. School nurses v ACo opposes any law or regulation that would require a full- time registered nurse for each public school. Freedom of Information Act v ACo opposes any amendment to the Freedom of Information Act that would require local governments to generate information in a form different from that necessary or used by the locality. Conflict of Interest Act v ACo supports amending ~2.1-639.1B of the Code to provide that nothing in the Conflict of Interest Act will be construed to prohibit adoption by local governments of reasonable personnel rules more stringent and not in conflict with the state Conflict of Interest Act Minutes v ACo supports amending ~15.1-530 to repeal a provision requiring that the minutes of a board of supervisors be read at a regular meeting in toto if the chairman has gone out of office without signing the minutes. Dillon Rule v ACo supports the Governor's Advisory Commission on the Dillon Rule and Local Government, particularly as it relates to equal taxing authority for counties with cities and towns. V ACo suggests that each board of supervisors adopt a resolution supporting this recommendation and requesting that the General Assembly give counties equal taxing authority. Pending issues Legislative proposals to be considered by the General Government Steering Committee during its meeting at 2:45 p.m. on Nov. 7 at the Homestead during V ACo's Annual Meeting include: Grayson Commission report · a request from Montgomery County that the state repeal mandatory sterilization of all animals sold from a shelter to new owners. The reasoning behind this request is that the added cost imposed by this mandate has precipitated the euthanasia of more animals and more purebred animals are not being sold because their breeding abilities are destroyed. a request from Caroline County that ~58.1-3278 of the Code of Virginia, relating to the appointment of the board of assessors, be amended. The request is that a reference be deleted that says board of assessors will not have more than one member from each magisterial district and replace this with not more than one member from each election district. Some counties have kept the old magisterial districts but now also have election districts from which supervisors are elected. a request from the Local Government Management Association that V ACo support a resolution calling for an Institute of Government Health and Human Services Steering Committee Health and human services funding V ACo supports funding of health and human services programs at the full state share, Funding should not be historically based but should address local needs for services. Increased funding requirements should not be placed on localities in order to meet state cost savings goals. Health care for the elderly V ACo supports continued funding of demonstration rehabilitation projects for the elderly and full funding of in- home services for eligible recipients. Child day care V ACo supports state policies that encourage availability of quality, affordable child care options for Virginians of all income levels. State efforts to regulate child care must be realistic and cost-effective so that affordable, quality public and private programs are not driven from the market. 6 Mental haith/mental retardation funding v ACo su ports full state funding for community services boards to over additional responsibilities as mandated by the Beyer Co ission. Welfare eform v ACo su rts the efforts of the Commission to Stimulate Personal I itiative to Overcome Poverty. Local po icy and advisory board representation v ACo op ses any effort by the state to dictate the membersh p of local human services policy or advisory boards. Medicai v ACo urg s the state to support continued federal funding for the Medic . d program and opposes any actions that would result in e transfer of current federal/state responsibilities to local gove ents. Pendi 9 issues Legislativ proposals to be considered by the Health and Human S vices Steering Committee during its meeting at 1 p.m. on N v. 7 at the Homestead during VACo's Annual Meeting i elude: long-t rm care staffi for social services Plan in Public Works and Natural Resources Steerin Committee Growth anagement v ACo req ests authority for local governments to impose impact fe , statewide conditional zoning, transferable developm t rights and adequate public facilities provisions in zoning d subdivision ordinances. Legislati e study of solid waste issues v ACo sup rts the creation of a permanent legislative study committee to consider and comprehensively evaluate the impacts of federal and state solid waste mandates on localities. Landfill r gulations v ACo sup orts legislation and regulations that are performan e-based and that provide local governments with the flexibility to adapt landfill designs to site-specific conditions. Comprehensive plans v ACo supports legislation that would require state agencies to give consideration to local comprehensive plans. Hunting on Sunday v ACo opposes any legislation that would allow hunting on Sundays. Amortization of non-conforming signs v ACo continues to support legislation that would authorize local governments to establish reasonable procedures and time periods for the amortization of non-conforming signs. Map coordinate values v ACo supports amendments to ~55-290 of the Code of Virginia to eliminate a requirement that coordinate values for maps based on the Virginia coordinate system of 1983 be expressed only in meters and to instead provide for the optional use of meters, United States survey feet or international feet and decimals thereof. Deposit on beverage containers v ACo supports legislation that would establish a deposit on beverage containers, Packaging v ACo supports legislation restricting the use of certain materials in manufacturing and packaging that are not degradable, Chesapeake Bay Preservation Act V ACo requests legislation that would require the Chesapeake Bay Local Assistance Board to amend the Chesapeake Bay preservation area designation and management regulations (VR 173-02-01) in a manner that would allow localities to use other practices than those currently required to achieve equivalent objectives in improving water quality. Developer reimbursements V ACo supports legislation that would allow all localities to require subsequent developers to reimburse initial developers on a pro rata basis for off-site improvements provided by initial developers. Land use value assessments v ACo supports authorizing local governments to determine minimum acreage requirements for land use value assessments for agricultural, horticultural, forestal or open space real estate. 7 County review of town land use v ACo supports legislation that would permit boards of supervisors to review for comment large-scale residential developments within town limits. Chesapeake Bay v ACo supports the adoption of enabling legislation that makes available suitable financial mechanisms for local governments to implement programs to meet the provisions of the Chesapeake Bay Preservation Act. Sewer availability fees v ACo supports legislation that would grant counties authority to enact sewer and water availability fees and mandatory water and sewer connection powers, Wetlands board VACo requests legislation that would amend ~62.1-13.5 of the Code of Virginia, extending the current requirement for wetlands boards to act on applications from within 30 days after the hearings to 45 days. This would allow more time to seek and assemble additional information that is sometimes necessary before action is taken. Spoil dump sites V ACo supports a study by the General Assembly to review the problem of the lack of acceptable sites in the commonwealth for the dumping of spoil from necessary dredging operations and to help develop or identify such sites. Land use taxation V ACo supports legislation giving localities the option of eliminating land use value taxation in commercial, industrial and planned residential zoning classifications. Environmental permit fees V ACo opposes any additional authority for any natural resources agencies to impose fees on local governments for the review of permit applications or any other activities that should be imanced through general fund revenues. V ACo supports legislation that would eliminate permit fees and return the responsibility for meeting the costs of processing permit applications to the state. Solid waste or recycling fund v ACo supports the appropriation of funds into the Virginia solid waste or recycling fund created under HB 865 by the 1992 General Assembly. Financial assurance The Virginia Association of Counties has adopted a resolution urging the U.S. Congress to direct the Environmental Protection Agency to restore an exemption to local governments in demonstrating financial assurance regarding solid waste landfills. Flow control V ACo supports legislation to reserve all recyclables for the localities or their designated authorities so that the waste stream flow is sufficient to be marketable. The ability of Virginia's localities to direct where solid waste collected within their boundaries is disposed is crucial to their ability to plan and finance adequate solid waste facilities and to comply with state-mandated recycling goals. ~15,l-28,OI of the Code of Virginia currently gives Virginia localities "flow control" powers, but the power is subject to conditions that make it impractical for most localities to exercise it. These conditions need to be deleted or made more practical so that all Virginia localities have the power to direct where and how solid waste collected within their boundaries can be disposed. Local zoning V ACo supports legislation requiring state agencies to comply with local zoning requirements unless the governor declares an overriding state interest. Historic district zoning ~ 15,1-503,2.A.l of the Code of Virginia authorizes localities to designate as a historic district for zoning purposes areas contiguous to arterial streets or highways found by the governing body to be significant routes of tourist access to designated historic landmarks, buildings, structures or districts. V ACo requests that the types of roads listed include collector streets and highways that the locality determines contribute to the character of the community and that are designated by the locality as scenic or historic roads, Bears chasing livestock V ACo supports legislation that would allow any property owner, or agent of a property owner, who imds a bear in the process of chasing, killing or injuring any companion animal, livestock or poultry to kill the bear so long as the bear is on the property owner's property at the time of the attack. Bears injuring personal property and crops V ACo supports legislation that would allow any property owner, or agent of a property owner, to kill a bear caught in the act of substantially damaging personal property or crops so long as the bear is on the property owner's property at the time of the attack and provided that no bear can be killed for damaging crops unless in the previous six months the property owner has asked the Virginia Deparunent of Game and Inland Fisheries to remove bears, which have damaged crops on property, by trapping and these attempts have been unsuccessful. "Crops" include fruit and trees. 8 Bears at acking any person v ACo su ports legislation that would allow any person to kill a bear th is attacking any person, provided that no person can provo e a bear to attack for the purpose of killing it. Any person w 0 kills a bear after having provoked it will be subject to the provisions of the Code of Virginia concerning unlawful 'Iling of bears. Gene al policy statements Overvie v ACo be 'eves that all units of government share responsibi ity for protecting the environment. V ACo recognize that environmental problems ignore political boundarie and therefore require the cooperative efforts of federal, s te and local governments for correction. In promotin such cooperative efforts, the federal and state governme ts should provide localities not only with leadership but also ith financial, legal and administrative support, Local gov rnments are willing to work as partners for a cleaner e vironment, however, they cannot be expected to assume th full costs of implementing state and federal environm ntal mandates. While the state and federal governme ts should identify environmental objectives for localities 0 meet, V ACo strongly believes that Virginia localities hould be provided with increased flexibility to meet thos objectives in the most timely, fiscally responsible and creati e manner possible. To reduce duplications, complexi es and costs associated with federal and state environm ntal regulatory programs, V ACo also urges that such prog s be streamlined, To the gr atest extent possible, federal, state and local agencies consumers should assume leadership roles in protecting the environment by using vehicles that produce the least air llution and by purchasing supplies and equipment produced ough manufacturing processes that minimize pollution. us, the federal and state governments can take a lead in s' ulating markets for low-emission vehicles, machinery and recycled or reused materials. anagement Because ACo strongly believes that land use planning should co tinue to be a function administered at the local level, V A 0 would oppose the creation of a statewide planning ocess that would impose additional mandates on local gove ents. V ACo wo Id support the creation of a state entity with the authority t promote statewide planning coordination. V ACo believes at statewide planning coordination could produce significant benefits for local governments. For example, because th benefits of growth have not been equitably shared across the commonwealth, a statewide planning entity performing functions similar to those formerly administered by the Division of State Planning and Community Affairs could provide technical assistance and policy guidelines to address the inequality of benefits. A repository of information at the state level could be a valuable resource in assisting local planning efforts, especially in cases where the local government lacks adequate technical resources for identifying areas most suitable for development. Solid waste management V ACo recognizes the critical need for programs that manage solid waste in a manner that provides maximum environmental protection. The association also believes, however, that state and federal mandates relating to solid waste management place heavy financial burdens on local governments. V ACo urges the state to provide financial and technical assistance to localities for recycling, compliance with regulations governing the construction of landfills and other solid waste management programs. It is imperative that the state establish programs that will aggressively promote the marketing and sales of recyclable materials. V ACo also supports legislation that encourages source reduction by industry and prohibits certain forms of non-biodegradable packaging that cannot be recycled. State agencies should be required to participate in recycling programs. In addition, the state ,should place greater emphasis on the management, disposal and transportation of hazardous materials. V ACo supports the creation of a means by which legislative oversight would be provided for studying the impacts of federal and state solid waste mandates on localities and for monitoring the performance of the department staff in interpreting and enforcing the rules within reasonable time frames. For departmental review of applications for local waste management facilities, 120 days should be the maximum turnaround. V ACo strongly urges the state to come to the aid of local governments in meeting financial assurance requirements set by federal Subtitle D regulations. Local land use powers v ACo opposes any legislation that would restrict current land use powers of local governments to establish, modify and enforce zoning classifications. Local governments must remain free to adopt and enforce zoning changes that address local land use needs, especially if infrastructure systems including transportation are inadequate to serve increased land use in the area. Furthermore, the explicit power of local governments to plan for growth and development should not be curtailed by any shape, manner or form of "vesting" legislation. V ACo therefore opposes any legislation that would define a "vested right" by statute. Development costs v ACo strongly opposes any dilution of existing local government enabling authority established pursuant to gI5.1- 9 491(a) of the Code of Virginia and strongly supports extending such authority to all counties. V ACo also strongly supports allowing all counties to require that developers contribute pro rata shares or impact fees as a condition of site plan or subdivision approval to defray the costs of off-site public improvements necessitated by new development. Chesapeake Bay Preservation Act V ACo supports the Chesapeake Bay Preservation Act and recognizes the responsibilities of local governments to adopt policies consistent with its intent. The General Assembly should consider watershed-wide approaches toward protection of the bay. It is also V ACo's position, however, that many of the regulatory requirements established under the act constitute a series of unfunded mandates that place onerous legal, administrative and financial burdens on local governments. Therefore, V ACo urges the state to provide legal, financial and technical support to assist localities in meeting the act's regulatory requirements. Both the Chesapeake Bay Local Assistance Board and Department should realize the practical problems involved in the interpretation and enforcement of the regulations. V ACo therefore believes that the Chesapeake Bay Local Assistance Board should be open to periodic review and reevaluation of its regulations to ensure that they can be implemented in an economically feasible and practicable manner. In review of these regulations, the Chesapeake Bay Local Assistance Board should consider and allow for local practices that produce equivalent results in protecting water quality. The Chesapeake Bay Local Assistance Department and Board should reaffirm the relationship between the state and local governments as contemplated in the Chesapeake Bay Preservation Act: Local governments have the initiative for planning and for implementing the provision of this chapter and the commonwealth shall act primarily in a supportive role by providing oversight for local government programs, by establishing criteria as required by this chapter and by providing tlwse resources necessary to carry out and enforce the provisions of the chapter. (Code of Virginia, *1O.1-2100.B.) In addition, the Chesapeake Bay Local Assistance Department and Board should acknowledge other state and local authorities, responsibilities and programs for protecting water quality and coordinate - rather than duplicate or complicate - these efforts (e.g. storm water management requirements). Environmental regulations The Virginia Association of Counties is concerned about the effects that many complicated, overlapping and duplicative sets of regulations have on local governments. In many instances, these regulations cause confusion among members of the regulated community over the question of how compliance may be achieved. To address the problems experienced by localities in complying with environmental regulations, V ACo believes there should be a streamlined and uniform approach by federal and state agencies in the development of environmental regulations. Environmental permitting The Virginia Association of Counties is concerned about unnecessary delays involved in being approved for an environmental permit. To streamline and expedite the permit- review process, the Virginia Association of Counties supports a "permit-by-rule" procedure that relies on certification by a licensed engineer that a facility will not cause environmental damage. This type of procedure should make an extensive bureaucratic review by either a state or federal government agency unnecessary. A permit-by-rule procedure should also make permit fees to underwrite the cost of permit review unnecessary . Land use taxation The Virginia Association of Counties believes that local governments should be provided with increased flexibility to shape land use taxation programs in a manner that best serves the interest of the local government, its residents and the objectives of the land use taxation program, As an example, V ACo believes local governments should be allowed to determine minimum acreage requirements for hmd use value assessments for agricultural, horticultural, forestal and open space real estate. Local governments should also have greater flexibility in determining the length of the rollback period for landowners to retroactively pay the real property taxes if the land was assessed at full market value. Counties should also have greater latitude in setting the deadline for land use assessment or to waive the late filing fee. Future regulatory programs Because of the large number of environmental mandates currently imposed on local governments, the Virginia Association of Counties opposes any future environmental regulatory programs that would place additional mandates on local governments unless they are fully and completely funded by either the state or federal government. V ACo is concerned about the possible future impacts of the tributary strategies program and the program for controlling non-point source pollution under ~6217 of the Coastal Zone Management Act. Potentially, both of these programs appear to overlap existing regulatory programs, such as the Chesapeake Bay Preservation Act, erosion and sediment control law, state stormwater management law and storm water management requirements under the federal Clean Water Act. The imposition of new regulations to overlap existing regulations would add a great deal of unnecessary costs and confusion. 10 Pub ic Safet Ste Committee Courtho se fee v ACo su ports passage of a bill, which was passed by the 1993 Ge eral Assembly but must be reenacted in 1994 to take efti t, that extends a $2 courthouse fee for construction, renovatio and maintenance to civil proceedings, in addition to traffic d criminal cases. V ACo further urges that the total permissi e fee on all cases be increased to $6 because local govemm nts are providing facilities and equipment for the new fami y courts. Handgu s V ACo s ngly encourages the General Assembly to require a waiting p riod of at least three days but not more than seven days for e purchase of handguns. Drugs v ACo co tinues to support a state-local coordinated program for the w on drugs and the rehabilitation of drug users. V ACo en orses the Virginia Crime Commission study on altemativ means and facilities to incarcerate and rehabilita e non-violent drug offenders. The state is urged to explore e use of federal military complexes that are no longer us d by the military for such facilities. Drug ed cation v ACo re ommends that local drug education and prevention programs receive more state funding and that consideration be given 0 establishing these programs as a high priority use for funds rom drug asset seizures. Dispatc V ACo re uests that the state not reduce its current level of funding ti r dispatchers in sheriff s departments and urges county ds of supervisors and sheriffs to develop a cost- efficient d effective use of sheriffs dispatchers and county dispatche s funded from E-9ll funds to operate E-9ll service. HB 599 V ACo r uests that the sta~ restore full funding to the state law enfor ement assistance program as contemplated by HB 599. Dry fire V ACo su ports continued and increased support by the state for dry fir hydrant programs. Sentenc ng V ACo re uests an amendment to the Code of Virginia to provide at all criminal trials of violent or serious felonies will be bifurcated: If the jury or judge finds the accused guilty, they would be furnished with the accused's prior record before determining punishment. Courts When the family court system opens, V ACo recommends that trials of juvenile traffic offenders be transferred to general district court. This would not only help relieve the family court caseload but, more importantly, would more efficiently use the time of state and local police. DUI presumption V ACo supports lowering the blood alcohol level for presumption of driving under the influence. Pickup trucks V ACo supports a prohibition against people under 12 years of age riding in the bed of uncovered pickup trucks on arterial and interstate highways. Handguns V ACo believes that the offense of making a loaded handgun available to juveniles should be changed from a Class 1 misdemeanor to a Class 6 felony. Juvenile records V ACo supports permitting juvenile records to be disclosed to superintendents of schools at the request of a superintendent Drug enforcement V ACo supports increased state funding for localities for drug enforcement. Headlights V ACo supports a law requiring headlights to be on when driving in rain that is heavy enough to require the use of windshield wipers. Pending issues Legislative proposals to be considered by the Public Safety Steering Committee during its meeting at 1 p,m. on Nov. 7 at the Homestead during V ACo's Annual Meeting include: · a request from Caroline County that SI8.2-255,2 of the Code of Virginia be amended to include buildings, grounds and equipment of volunteer fire deparnnents and volunteer rescue squads as drug-free zones a request from Caroline County that legislation be adopted prohibiting the use of firearms within 1,000 feet of an occupied building a request by the Virginia Sheriffs' Association that V ACo endorse a resolution asking the governor and General Assembly to assess the impact of changing the role of the 11 Virginia State Police before any further reduction in traffic and highway services Transportation Steering Committee Priority Fuels tax v ACo supports a 5 cents per gallon increase in the fuels tax. Other positions Transportation funding formula v ACo opposes any proposal to increase the share paid by counties for the construction of secondary roads unless additional sources of local funding are provided by the General Assembly. V ACo does not consider increases in local real estate or personal property tax rates to be additional sources of local funding. Subdivision streets V ACo supports a study by a,n intergovernmental task force to address the question of flexibility in current design standards for subdivision streets to mbt local needs in rural areas and in mixed use neo-tradition~ developments, Highway improvement districts V ACo supports legislation that would provide general authority to all local go~ernments to establish regional transportation districts with separate taxing authority. Cost responsibility study V ACo supports legislation that would increase truck registration fees consistent with recommendations in a vehicle cost responsibility study being conducted under SIR 238. Buses should not be subject to higher fees. General policy statements Overview The Virginia Association of Counties supports the development of a comprehensive statewide transportation network that promotes the safe, convenient, efficient and affordable movement of people and goods. V ACo believes it is essential that additional state funds be allocated for construction and maintenance of the commonwealth's transportation network. Such a network should be developed in accordance with a plan recognizing diverse transportation needs in rural, urban and suburban areas of the commonwealth. Furthermore, a transportation plan should be consistent with and supportive of other state programs designed to protect the natural environment and promote economic development. V ACo believes that a comprehensive transportation system should be balanced and multimodal. To the greatest extent possible, transportation planning must be closely coordinated and integrated with local and regional land use planning efforts, In developing effective regional transportation systems, V ACo recognizes the need for cooperation among local governments. In promoting cooperation, V ACo supports the provision of incentives by the federal and state governments. V ACo also supports the creation of federal and state incentives to promote public-private partnerships in the development of transportation facilities. The Virginia Association of Counties supports the creation of a national intermodal transportation system as envisioned in the Intermodal Surface Transportation Efficiency Act. V ACo believes that the creation of this system should serve as a model to influence transportation planning at the state and local levels. The main objective of this process should be the development of an intermodal transportation system that integrates all forms of transportation in a manner using the most advanced technologies, that is economically efficient, energy efficient and environmentally sound, that promotes economic development and that effectively and safely moves people and goods. The system shou~d also consider the needs of people who are elderly, disabled or economically disadvantaged. Safety V ACo adamantly opposes any increase in the size, length or weight of trucks allowed to travel federal and state highways, V ACo also supports legislation that would require the Virginia Department of Transportation to adopt more rigorous criteria for determining the suitability of certain roads for use by oversize trucks. V ACo believes that before any decisions are made by VDOT concerning the designation of such roads for use by oversize trucks, a public hearing should be held and funding should be made available to care for roads designated for use by oversize trucks. V ACo is also concerned about the growing number of substandard bridges, in either structure or capacity, throughout the commonwealth. As a matter of priority, the General Assembly, the Commonwealth Transportation Board and the Department of Transportation should assure the safety of bridges in Virginia. Fu nding V ACo believes that the federal, state and local governments all have significant roles to play in effectively financing an integrated transportation system. Furthermore, the 12 develop ent of the national highway system in Virginia (as provided under the Intermodal Surface Transportation Efficienc Act) should include not only interstates but principal arterials as well. V ACo su ports current studies being conducted by the Virginia epartment of Transportation to develop alternative mechanis for obtaining and distributing funds to support the construe .on and maintenance of the commonwealth's transpor tion network. As such studies are conducted, however, V ACo believes it is essential for local governments to be int rally involved, especially in the event that new formulas d strategies for additional funding sources or leveragin of funds are recommended, The state should identify d recommend such financing strategies as debt financing toll roads (except when no reasonable alternative route is a ailable), transportation districts, user fees, public- private p erships and increased taxes. V ACo be ieves it is essential that additional state funds be allocated or construction and maintenance of the common ealth' s transportation network, The new funding formula ( d associated funding strategies) to be recomme ded as a result of the current study of the transporta .on trust fund allocation formula (under SIR 188) should ad ess these needs: · First, adequate funding should be provided for cons ction and maintenance of the national highway syste in Virginia. · Seco d, adequate funding should be provided to meet rural, suburban and urban needs. · Third adequate federal and state funds should be provi ed to support local and regional efforts to improve air q ity and reduce traffic congestion, especially in metro litan areas that are affected by the Clean Air Act amen ents of 1990. Planning processes should be establ shed that are consistent with ISlliA requirements. The SIR 188 study of Virginia's transportation allocation formulas as indicated that statewide construction needs are substanti ly greater than the funds available to meet them. The study is therefore simply reallocating an inadequate pot of money. The Virginia Association of Counties requests that the Gener Assembly enact an increase in the state fuels tax of 5 cents r gallon and other transportation user fees and long-term unding mechanisms to finance these needs. supports a recommendation in a 1991 VOOT study (under SI 121) supporting an increase in truck registration fees based on truck weights. This increase in fees would equitably sign costs on the basis of use and enhance the state's abil ty to obtain revenues for road maintenance. V ACo strongly believes that localities should be provided with expanded legal authority to impose impact fees and other funding mechanisms to pay for additional local transportation facilities necessitated by new development. Commonwealth Transportation Board The Commonwealth Transportation Board often makes a number of decisions that significantly affect local governments. Because of the importance of many of these decisions, V ACo believes it is imperative for the board to reform its procedures to facilitate increased and more meaningful participation by local government officials in the board's meetings and work sessions, The board should also consider ways to improve communication with the Virginia Association of Counties. Furthermore, the board should strongly consider procedures that will give local government officials a greater degree of participation when decisions are made on such locally significant matters as speed limits, designation of routes for oversize trucks, roads in historic districts, location of traffic signals, public bikeways and required design standards for subdivision streets. To the greatest extent possible, any decisions made by either the Commonwealth Transportation Board or the staff of the Virginia Department of Transportation should be made in a manner that recognizes and is considerate of a community's p~ferences as reflected in local comprehensive plans, zoning ordlbances and subdivision ordinances. V ACo would also support legislation permitting counties to accept up to 100 percent of the cost to improve substandard roads. It is imperative that decisions by the Commonwealth Transportation Board or the staff of the Virginia Department of Transportation should not be made without reoognition and serious consideration and analysis of the fiscal effects of those decisions on local governments. V ACo adamantly believes that no decisions by the board or VOOT staff should go into effect without sufficient and timely notice allowing local governments adequate time to make the necessary adjustments to their budget and tax policies. Alternative transportation modes In developing a transportation system that will consistently serve the objectives of the Intermodal Surface Transportation Efficiency Act, V ACo strongly supports research and development of new and improved transportation technologies. These technologies may include but are not limited to "smart highways," magnetic levitation, motor vehicles with improved fuel efficiencies and light rail systems. V ACo also supports policies that will not degrade the environment and that will enhance the convenience, efficiency, safety, affordability and cleanliness of such 13 alternative transportation modes as fixed-route mass transit, special commuter bus services, ride sharing, van pooling, high speed interjurisdictional rail and other services that are important elements of an integrated and well-balanced public transportation system. 14 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY [",n"."~',I'.,1DfMC:Ti : ft",. "'[",'~,';"'" \,'" I..~ " '..' ! I! ,......,,-'~ . :,; I)',; -',Lli 'I f' "l .' 'I' , ' /' 'Bll III L,! .". J~ ~/i AGENDA DATE: November 3, 1993 ACTION: INFORMATION: X SUBJECT Board re district Contract a fire Fire CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes ----- STAFF CO Messrs. REVIEWED BY: law enables counties to establish fire districts, defined by metes and bounds, which ave a separate levy on real and personal property to fund firefighting organizations. can be accomplished in many ways including any number of fire districts with ring levies for each district as well as a potential district that is designated to ve the bulk of the benefit from the contract with the City of Charlottesville based pro-rata formula. oard has asked staff to present some information on how the current City/County Fire act could be administered through a fire district. Section 27-23.1 of the Code of nia (see attachment 1) spells out the legal procedure. It indicates that the Board reate the district by ordinance by defining the metes and bounds of such district and lly levy a tax on the assessed value of all property, real and personal, within the ict. The current cost of the contract with the City of Charlottesville for fire ession and dispatching services is $570,890. The in establishing the district for the City/County Contract will be in dete mining the formula for assessing the costs of the services provided to the district, For 'nstance, if the district is drawn such that it includes the "urban area", the County will be required to show that those paying for the contracted services are the ones truly rece'ving the service. The difficulty arises in determining what value should be placed on t e availabilitv of assistance outside this defined area versus the actual provision of s rvices (call load can determine actual provision). The fact that a response is avai able if needed in the areas outside the urban ring and the mutual aid calls that are run i conjunction with the other departments make the City contract harder to justifiably spli into those who receive the service and those who do not. oncern raised by many in the outlying areas of the County is that they receive very e in the way of suppression services from the contract, This is perceived to be a issue but the statistics kept by the City do not enable us at the present time to r evaluate that claim. We do know that from 9/92-9/93, 67% of all calls for service the City were run into tax maps that contain a portion of the County's urban area. tunately, these also include false alarms, medical calls, calls in which the City was turn d around prior to arrival, and other aberrations which make the analysis difficult, The pint, however, is that there are still a significant number of calls being run by the City utside the urban area. This makes defining the area that is to be considered as a district for taxing purposes more difficult to defend. Contract were to be funded using this concept, and to accommodate that portion of es that all residents receive from the City (dispatching, mutual aid, etc.), some n could be funded from the General Fund (shared equally by all taxpayers) and the e from a tax on all property within the newly defined area. This balance which deter ines the formula would have to be reviewed annually for adjustment between contr' but ions from the General Fund and from the f ire levy. Unless real estate or perso al property rates were lowered for the entire County prior to adding back a fire levy, residents in the new district would be paying a higher amount of taxes than at the prese t for essentially the same service as they are currently receiving. As a point of Albemarle County Board of Supervisors Fire Service Districts Page 2 of 2 refe~ence, for 1993-94, a penny on the personal property rate equals $45,331 and one penny on 1 he real estate rate equals $446,611, county-wide. Each penny increase on real propl9rty within the 7 urban area neighborhoods delineated in our Comprehensive Plan as the "Urb~n Area" would generate approximately $136,000. Using this formula, a levy of $,045 to s~pport the City/county Fire Contract would be required from properties located in the urbatl area. An a ternative for consideration is to allow current property rates to remain at present leve~s and fund increases necessary to sustain the fire service from a combination of fire levy and general fund contributions. Again, the difficulty will be allocating the funds to specific areas when the County's goal is to operate the fire service on a county-wide, as n~eded basis in an attempt to move away from the turf battles and independence of each depa~tment which has hampered coordination in the past through a shifting of resources. It s~ould be noted here, that members of Jefferson Country Fire and Rescue Association (JCF~) are very interested in studying the concept of reducing their dependance on fund rais'ng activities through a fire district levy countywide. While they too acknowledge the ~act that some areas of the County receive a higher number of responses from the City Cont act, many believe that a countywide levy for all departments bears careful review at this time and would like to be involved in looking at that issue. The attached newspaper article from Fauquier County articulates the concerns of some volu~teers when fire districts are implemented, especially only in limited areas. Many volunteers would fear the loss of fund raising revenue once a special levy was implemented poin ing out to taxpayers what their "contribution" for fire services is as a portion of thei real estate taxes. In the urban area neighborhoods, this may especially impact Semi ~ole Trail Volunteer Fire Department whose primary response area is in the urban area, RECO mNDATION: Repo t is provided for the Board's information. 93.1 2 * 27-22 CODE OF VIRGINIA * 27-23.3 * 27-2 , But not for property which would have been destroyed by the fire, - Section 27-21 shall not enable anyone to recover compensation for property which would have been destroyed by the fire, if the same had not been pul ed down or destroyed under such direction, but only for what could have bee saved with ordinary care and diligence, had no such direction been given. ( ode 1919, * 3135.) Inapplic hie where not acting in emer- gency. - his section and ~~ 27-20 and 27-21 are not ap licable to a case where the agents and officers of the city were engaged in pulling down the rick walls of a burned building several days after the fire in order to make the streets safe for passersby and were not acting in an emergency of a fire in progress. Burson v. City of Bristol, 176 Va. 53, 10 S.E.2d 541 (1940). 187. * 27-231. Establishment of fire or rescue zones or districts; tax levies, The governing bodies of the several cities or counties of this Common ealth may create and establish by defined metes and bounds, fire or rescue zo es or districts in such cities or counties, within which may be located a d established one or more fire departments and/or rescue squads, to be equipp d with apparatus for fighting fires and protecting property and human Ii within such zones or districts from loss or damage by fire, illness or injury. The creation of fire zones or districts as it relates to cities for the purposes f this section shall mean for the purchase and/or establishment of fire boats and for no other purpose. In the e ent of the creation of such zones or districts in any city or county, the city 0 county governing body may acquire, in the name of the city or county, re lor personal property to be devoted to the uses aforesaid, and shall prescribe ules and regulations for the proper management, control and conduct t ereof. Such governing body shall also have authority to contract with, or s cure the services of, any individual corporation, organization or municipal corporation, or any volunteer fire fighters for such fire or rescue protection as may be required. To raise ~unds for the purposes aforesaid, the governing body of any city or county in hich such zones or districts are established may levy annually a tax on the ssessed value of all property real and personal within such zones or districts Isubject to local taxation, which tax shall be extended and collected as other ci y or county taxes are extended and collected. In any city or county having a opulation between 25,000 and 25,500, the maximum rate of tax under this section shall be 30~ on the $100 of assessed value. The amo nt realized from such levy shall be kept separate from all other moneys of he city or county and shall be applied to no other purpose than the maintenan e and operation of the fire departments and rescue squads establishe lunder the provisions of this section. (1970, c. 187; 1972, c. 252; 1977, c. 3 6; 1978, c. 682; 1985, c. 343.) * 27-23, , Advances by city or county to fire district. _ The governing body of an city or county in this Commonwealth may advance funds, not otherwise ecifically allocated or obligated, from the general fund to a fire district to ssist the fire district to exercise the powers set forth in * 27-23.1. (1970, c. 1 7; 1985, c. 343,) * 27-23,3 Reimbursement for advances, - Notwithstanding the provi- sions of an other law, the governing body shall direct the treasurer to reimburse he general fund of the city or county from the proceeds of any 72 ATTACHMENT 1 ;' ~ 27-23.4 FIRE PROTECTION ~ 27-23.6 ~ '; funds to the credit of the fire district, not otherwise specifically allocated or obligated to the extent that the city or county has made advances to the fire district from such general fund to assist the district to exercise the powers set forth in ~ 27-23.1, (1970, c. 187; 1985, c. 343.) ~ 27-23.4, Validation of prior advances, - The advancement of any ~ funds heretofore advanced from the general fund by the governing body of any city or county in this Commonwealth for the benefit of a fire district in exercising the lawful powers of such fire district is hereby validated and confirmed. (1970, c. 187; 1985, c. 343.) ~ 27-23.5, Exclusion of certain areas from fire districts and exemp- tion of such areas from certain levies, - The governing body of any city or county having a fire district created under the provisions of ~ 27-23.1, prior to June 1 of any calendar year, may alter the boundaries of such fire district for the purpose of excluding an area of any such fire district which is also within the boundaries of a sanitary district providing fire protection or under contract to a sanitary district providing fire protection. [ Any area excluded from a fire district as provided by this section shall not ;;. b.e subject to the levy set forth in ~ 27-23.1 for the year such area is excluded. (1970, c. 187; 1985, c. 343.) ~ 27-23,6, Provision of fire-fighting and rescue services, - A. Any county, city or town may contract with or provide for any volunteer fire- fighting or rescue companies or associations in the county, city or town for the fighting of fire or provision of rescue services in any county, city or town. If such provisions are made by the county, city or town, the fire-fighting or rescue company shall be deemed to be an instrumentality of the county, city or town and as such exempt from suit for damages done incident to fighting fires or providing rescue services therein. The county, city or town may elect to provide for the matters authorized in ~~ 27-4 and 27-39. B. Any county, city or town may provide fire-fighting and rescue services to its citizens by using both government-employed and volunteer company or association firefighters and rescuers. If such a system is utilized, the , volunteer fire-fighting and rescue companies and associations shall be deemed an instrumentality of the county, city or town, and as such exempt from suit for damages done incident to providing fire-fighting and rescue services to the county, city or town. The county, city or town may also elect to provide for matters authorized in ~~ 27-4 and 27-39. (1970, c. 187; 1982, c. 239; 1991, c. 54.) i ~, The 1991 amendment designated the first ~'paragraph as subsection A and in subsection A ;(j inserted "city or town" throughout the subsec- r tion, in the first sentence inserted "or provide \~, for," inserted "or rescue," substituted "in the <, county, city or town" for "in the county or 'towns therein," inserted "or provision of rescue . services," and deleted "so contracting or town therein" following "in any county," in the ,second sentence substituted "If such provisions "are made by the county" for "If any contract be ,entered into by a county," inserted "or rescue," :deleted "contracting" following "an instrumen- tality of the" and inserted "or providing rescue services," and deleted "contracting" preceding ftcounty" in the last sentence; and added sub- ,section B. \ Statute exemption is not different from immunity by general law. - Exemption provided by the statute is not different from the immunity provided by general law; there is no legal difference between the terms exemp- tion and immunity; therefore, that the exemp- tion provided owner of fire truck as an "instru- mentality" of county was the equivalent of sovereign immunity to the extent of damages done incident to fighting fires. National RR Passenger Corp. v. Catlett Volunteer Fire Co., 241 Va. 402, 404 S.E.2d 216 (1991), Exemption from suit is provided to fire- fighting companies and individual memo bers. - Although this section does not in specific terms extend its exemption from suit to 73 . , ATT1~CHMENT II GROWTH AREAS, 1989 - 2010 ''\ -" \ "?: . , ......-- \,i' ~\ <:l \" ~ . It<l\l o , I , . --=--- -- o I J J . , . LEGEND Villages Communities Co ......... U" '-.', Neighborhoods 1-7 1 I , , 'I"",,",,' I }l ~ ,~. cr;' In 1ft AI. t:) . -It.0 · m. 0 (1)Q. :I., S' ~ i 8- ~ 2' { n -. 50::3 0. C < ::;. ~ tI:l ~~ 00 ell ,Cell"'- ><","'0. g'E.DlEreg ell 0 ~ Cll Cl\ ... oa g. 1Il 8"::3. 1Il Cll 00 ::s Ql ... ::s RlIlo.a~Cll '< <:;l Cll ~ "'.~ (/) g,::s -. Cll'<8 ",0. s. &. Cll.g ~,~ g5F<Cll';'.Ql !,,'"1g,.<~::s ~ C _. '" 0. "'::S~"'Er ~~0l8ell ET- ~ ~ 0. 'E. o ::r 0. -. Ql 0. Ql 0. '< o < Er ell Cll ......CllCll~~ ~.f ~J: ~ o' :.:t. :r ~ I. !a c . . ~~ a ~ ~. ~ ~~ ~~ ~ ~~ ~~ 9 9 P o. ~ 3 ~ ~ 0' iil &. 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"';) . .1,. i..:!' ,~.~ (",' j" I , . ~~,~ '. ;,,': ~, \/ l'. ~t, ~, ~', ,~\ ~I" r: I ,,~t 1- ~; ~f. ~~:' .-, ')'-, ~,;. ,'. i ?. ~ l.,: 't'''. ,.. 1": :;. '~I{ fl,,',-- (. :-",' {,', . : :. . ',r"'" ~: ~~T~p'~Wp~~bs~1 : .,.-:-.-\.'6.~l:'.;~,~f!,~.:t~,~-,;:"~;.,,,: :-;'.,,;:,,<:,-~:_... .: ....,::,. ,_.,' -: ,.~,".>,~\,;.e,.".,_l,-.-..t:, '''$ ~ ,.,>1',-,# t.y ,'~j '. "~~;~~~~~~,~:;'~Y;~t :~_~~r 8or{t~~~ed from Page 1 ~;~'i~:kVJ.~S.vYp.ughgenel'!i1 ~~~nues..T"pe supervisors allocated ''.;!~~-ij f?ittJemore ~ ~1 nullion (about 3 cents on the 98-cent .;,(<~!;t'ija1'.es.t&~e tax J'8.te) ~or ~() ~olW1~eer fire and rescue . ,,:.~.,\~mpanies this year, '. "';. , ~'}-:,,{>;j {:,,,But, CoW1ty ~udget Analyst Randy Wheeler said , " Fauquier taxpayers actually pay 5 cents per$100 assessed . vluue - about $1.5 million - for all fire and rescue items . in the budget, including funding designated for a new rQtirement benefits program. . ','1 The supervisors appropriated the money last spring Rfter difficult negotiations with the F~uq wer CoW1ty Fire aDd Rescue Association. The talks turned particularly p.~ty in May, after the supervisorS initially decided to >:.~Umina!eChuck Thompson's job as the COW1ty'S emer- "gency~service.s~oo.rdinator. The lx?ard later decided to ,:'~'l'";;: '-"i'J,:\,~:~"Y"~":cf""" ~:b;.C!,i .',' . your Dloney ...DlOre DlO~ . ~. I i . .. r ' ,- t . ,~ ACCOUNTS PRE5IDENI1AL SAVINGS No restrictions on deposiLS or withdrawals Balances below $2.500 earn APY 2.78% .Rate.subject to change quanerly,'. 12:-MONllI NO PENAllY CD 24-MONIlI. BUMP RATE Q) r: - _', .;--' ~-':-.- '. . _'. ,,$" $5,000 minimum "...':,'.' '. ;~ :~!... 36-MONIiI BUMP RATE CD $5,000 m{~~u;'p ro': 't.::{):C;,- "<,:, ~<-~ .c....' 48"MONllI CD . $500 minimum :60-MONIH CD r.. $5~ minimum _ . C') O'l O'l INIERf.'IT 0fECKfN(; retain Thompson. But the creation of a tax district would eliminate the need for negotiation. The supervisors would set the rate, which would guarantee the association B certain percent- age of COW1ty tax revenues. The association, representing 404 volunteers, then would determine how to distribute those funds among the county's 13 fire and rescue compa- nies. Si Four.c cid~ Jm~i: .~. uyoug newec; ::~< Jt~r i "( ~. ;' R, offset t ~ed ! Sl iassocie (~e~' lie una (hose I " In fik ~r~,~ NewB Bl thefllt ' eiubra' a ,gene: ./ Il~j ANNUAL !'ERCENTAGE RATE YIELD 3.25 3.30 3.26 3.26 4.25 4.25 4.05' 4.05 4.55 4.55 4.96 5.05 5.20 530 ~ LO ....,. L~ ment t tion Ie, it. " Sl the bOi artdre design vehiel, "1 buy a ~ said. AT! salarie vide c, scarce. Tl a-posi t the fin fund.r, for a w< "1 Hrumfi public Fi "'j said. R, public Tut, I. ---.--:------.... . . ~--...,.. -~----_.__._--_._-- ~ I t ..~,~., 4~25 Six of the companies support the tax district concept. Four companies oppose the idea and three remain unde- cided. While the idea of eliminating red tape appeals to to them, the volunteers quickly point out the problems that could result. '" Warren ton Fire Chief Steve Ross fears the added tax would dramatically reduce the money companies' earn through fund-raising efforts. Those funds usually pay for new equipment. Ross said contributions have declined in recent years and suggested the effect would be more severe for smaller, more rural companies. Todd Rosamond, president of New Baltimore's vol- unteer fire department, agreed with Ross. " "Our funding would dwindle down to nothing," he said. Rosamond said the tax would have to be enough to offset the loss of community contributions. Otherwise, he argued, "we won't have enough money to operate." Supervisor Georgia Herbert (Scott District) urged the association to provide the board with figures shQ.wing how much of the local companies' operating budgets come from fund-raising. Ms. Herbert said the boW would be unable to assess the impact of the tax before seeing those numbers. In addition to their concerns about funding sources, fire and reSCue workers worry about the impact a tax would have on their image. "We're gonna be made out to be the bad guys," said New Baltimore Fire ChiefC.Q. Ritchie Jr. But County Administrator Bob Lee, who proposed the alternative funding method, thinks taxpayers would embrace the idea of a fire and rescue tax more readily than a general tax hike for less specific Uses "They feel less comfortable funding county govern- ment than they do volunteer services," Lee told associa- tion leaders Tuesday night. "That's the reading I have on it." Supervisor Jim Green (Marshall District) suggested the board also take a look at other options for funding fire and reSCue needs. Green said the county could consider designating a portion of the revenues from the sale of vehicle decals for fire and rescue services. "That way when people complain about having to buy a sticker, tell 'em it goes to fire and rescue," Green said. The county two years ago raised decal prices to fund salaries and eq1fipment for three paid medics, who pro- vide coverage during the day when rescue volunteers are scarce. The supervisors want more information before taking a position on the proposed tax. While Ms. Herbert asked the fire and rescue association to provide the board with fund-raising figures, Dave Mangum (Lee District) called for a work session later this fall to further di scuss the idea. "The general idea sounds very good," said Jim Bnunfield (Center District). "But we have to educate the public so they do not get a false impression." Fire and rescue volunteers also want to learn more. "There's not enough information right now," Ritchie said. Ross agreed: "We're going to have to educate the public. . . . This tax levy has got to work for everyone." 4.05 4.55 5.05 :', ~.,.,~Y',...~... :'n.J;:::::."~2';' '0 ., ; ,..,....'\.A. ~.:..:'- . ....J',.. , ":';~ \i.\;~~;,< ~l' ~'1~'~.4 .~"~\i:_ ,.',:.: ..t 530 r: . " :; : ~\'~~~ fight'~irt ftfe. In The Plains. l:,i' ><,!"f-:rr~t1 ,:' ':." _: . Ipg'i!rd,vpl,lIcnteers review IprQPos~~retirel-1'ent plan ih'/-'" ":.,:.' \l'-::::;:'f!1~.bocard of supervis~ors ," '~''Tuesdaygot a look at a plan that -,would provide financial benefits for the county's 404 fire and rescl,le '.' '. _~(;~~t~~~:\~'fi;A~ ","; !:,',~i:"< ". ;" :r.' 1fhe'''length of service benefits . pro~" would provide as much as ::~$2~R~~~i ~O,I1th. fOF;.Y,ete~~.!l;nd.. :~t~P~stRf~fighte~~d paranHldl,cS: '. . "'?:.'ff. Represec.tatives. c;{!he ,V 9hmteer ."._~. ".,",-' -'-.'~ ...& ,- .',.... -.-.,' .",.-. !i'fj,m-1Psul1U1ce Service of York, Pa., . ,'~",'r.."";';-~~~-':"" .",:..'::,-" -,', "':-~""- -":'~'~_:. -." :~~J?i!~,~d the plan at a meeting ~th fJA.~}l).lpervisors and leaders.ofthe ;.{ co~ty,'s fire and rescue association. :f",':.The program includes pre- ' retirement death and disability :, benefits and a retirement benefit .,' equalling $10 permcinth for every . :!tt!~~9years.of service.-..i; ;:, ' ,\;:{?t.Jht3 maximum benefit under the .~_planwouldbe $250 per. month.. iV2IUIlt~e~ w.ould begin ~~g ~ ".f. benefits in their fifthyear,ofservice' and begin J:t}ceiving payments at age ,55:'<, .:';' :~.<:; ~..:;'~?.!"':;'; ; :.1"'; "':v"" .' . ~,~t~{:;.:T4e pll!Jl would.~quire the' .: ;CQ].lIltyJo me.ll:e annu!l1 contributions \~-of $400,000 to $525,000, depending ...~~on.whether Fauquier chose a to-year . -- .-.: ". .- ";:i:or.2Q-year .annuity plan, At the end '.. \. . 'r~?/~;) --_c~ ~:~,.'<_~;.;;~~~ ;., ~ :- '.:'--.~ 'c.'; ; '-. .. .::::~'--. ~. .rl':_~r-:i;).~' _:i~'-:":; .:}'~Y';.;;"" ,.;, . . . ',."l<.~:,' of the annuity period, the county '. would make annual contributions of $232,000. The deposits made during the annuity would pay benefits for serVice already rendered by the fire , and rescue workers. "I think it's a good plan," Center District Supervisor Jim Brumfield said. . 'Brumfield sits onthe county's Public Safety Committee, which will review the plan and make a recom- mendation to the supervisors later this fall. Emergency Services C9ordinator Chuck Thompson said the plan would help the county retain Hs fire and rescue volunteers. "It's a long-term recruiting and retention tool that acknowledges previous service," he said. The supervisors have made the commitment to provide a retirement plan for volunteers, and the board has included funding for it in this year's budget, But, the county has yet to select an underwriter. _ Michael Sluss .,~_:nrl },""Nl hv Sonny and Sam. A . Bergers Sewing &!VaCl boby lotll.. .drawing ~ :~~~=ooG D . Utility ,ti~l"" esantt. . Help messages . Character sewing . Automatic needle threade_ . Decorative stitches . Permanent memory . Preprogrammed color changes . Embroidery memory card and much mc baby lodi - ....... - Serving Manassas & No' Sales. Service. PartS . Repair: 9026 Mathis Avenue. Mal ,.,.,.,.,..............,........................\\\\\\1;:~'::::ii.:.:t\:)f:lttitl.II:.:t.I.I\\\'\I}_ . -..-....................... :.;.:.:.;.:.:.:.:.......;.:.;.;.:.:..........:.:.............:;:...............::. AT IMMED Sun., Oct. 10 at 2:00 p. 1111- .-...-.-................. ........ .......... .... .................-...... ........................ . ...................... .....-..-.......,.....,.... .. ................... ..........-............. ......................... ......-...........-..... ....,.....,.......,......... ... ...- ...... ........ ...--...........-.....-.. .........-.............. .............,......... .. ............. ........... . ..................... . .................. .............. .. "... COUNTY OF ALBEMARLE ISllosl,1~dn~(j~1 EXECUTIVE SUMMARY ~ 1 .., llln ~ 8661 (# 11: j AGENDA T TLE: Reapprop iation AGENDA DATE: November 3, 1993-" ACTION: INFORMATION: SUBJECT G. E. El CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: ..-P STAFF CO Messrs. Huff, Breeden REVIEWED BY: BACKGRO Contrib expende as a m aeronau tions made by G. E. in prior year(s) for maintaining the flight bus have not been in the amount of $4,151.65. The flight bus is a specially equipped school bus used bile class room to exhibit and display various scientific projects related to ics and flight. DISCUSS This ac purpose authorize the expenditure of the remaining funds in FY 93/94 for the donated approval of the reappropriation as detailed on attached form #930031. 93.174 .,.. ..... APPROPRIATION REQUEST FISC L YEAR 93/94 NUMBER 930031 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW x ADVE TISEMENT REQUIRED ? FUND YES NO x GRANT PURP SE OF APPROPRIATION: REAP ROPRIATION OF FY 92/93 BALANCE ON G. E. ELFUN DONATION. XPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1320461311601300 EDUC. & RECREATION SUPPLIES $4,151. 65 TOTAL $4,151.65 REVENUE DESCRIPTION AMOUNT ***** ****************************************************************** 23204 1000510100 FUND BALANCE $4,151. 65 TOTAL $4,151. 65 ***** ****************************************************************** COST CENTER: EDUCATION SIGNATURE DATE OR OF FINANCE /d -.7:5"-73 //- 1-7'2; /' BOARD OF SUPERVISORS t..) . ~.~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY lO.: -~q~ oL3>" AGENDA T Appropri ACTION: INFORMATION: Transfer AGENDA DATE: November 3, 1993 >~~~~~ SUBJECT Human Re CONSENT AGENDA: ACTION: INFORMATION: STAFF CO Messrs. Huff, Breeden REVIEWED BY: r--- I ATTACHMENTS: BACK ROUND: Requ st received from School Superintendent to transfer staff development funds from the Admi istrative category to Instruction. DISC SSION: Staf development funds for administrative and instructional staff were budgeted in the same account. This request will allow for easier tracking of expenses incurred for each grou . approval of the transfer as detailed on Appropriation Form #930035. 93.173 . ~-- , ALBEMARLE COUN1Y PUBLIC SCHOO~~'I ;j I,) Memorandum . ! n '] , I " 1 IAI' " ;J I., U Wj October 14, 1993 SOARD OF SUPERVISORS Robert W. Tucker, Jr., County Executive Robert W. Paskel, Division superintendent~~ RE: Request for Appropriation At its meeting on October 11, 1993 the School Board approved the nsfer of appropriations for the Human Resources budget. The Assistant rintendent for Human resources requested transfers within the Human ources budget which cover the categories Administration-Personnel Services an Improvement of Instruction-Regular Education Administration. Approval of th's transfer will result in smooth accounting procedures in the Human Re ources Office. It is requested that the Board of Supervisors amend the appropriation inance to approve the following transfer of funds: FROM: 1-2420-62140-580500 Staff Development -$53,296.00 TO: 1-2420-61311-580500 Staff Development +$53,296.00 R / snun xc: Melvin Breeden Ed Koonce ~lla Carey ,... APPROPRIATION REQUEST FISCI\L YEAR 93/94 NUMBER 930035 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW x ADVE TISEMENT REQUIRED ? YES NO x FUND SCHOOL PURPCSE OF APPROPRIATION: TRAN~FER OF FUNDS FOR HUMAN RESOURCES OFFICE. ] XPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ****~******************************************************************* 1242C61311580500 STAFF DEVELOPMENT $53,296.00 1242C 62140580500 STAFF DEVELOPMENT (53,296.00) TOTAL $0.00 REVENUE DESCRIPTION AMOUNT ************************************************************************ TOTAL $0.00 *****~****************************************************************** REQUEpTING COST CENTER: EDUCATION APPROVALS: SIGNATURE DATE DIREC~OR OF FINANCE ~~#~ J;l/~ IJ~17 /' ~ -- ::<.,:r:.- ? 3 //-I-t3 BOARD OF SUPERVISORS .",,- l COUNTY OF ALBEMARLE EXECUTIVE SUMMARY i/~) , /jQ i 03 .1.'-<_,,". - [ AGENDA T Appropri AGENDA DATE: November 3, 1993 ITEM NUMBER: q~, Ile~ .(:'<1/ ACTION:)(. INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: - DISCUSS The FY of $13, Huff, & Breeden REVIEWED BY: STAFF CO Messrs. annually by the Virginia Department of Forestry for a portion of the forest fire control. based on 275,169 acres at the rate of five cents per acre for a total This amount exceeds the County's budgeted amount by $163.45. RECODE ATION: Staff r commends approval of an additional appropriation in the amount of $163.45 as detailed on atta hed form #930037. 93.168 1m m @ ~ (~- 1\1~_ , \BOARD OF SUPERVISO~~ , 4. . c' APPROPRIATION REQUEST FISCA,.., YEAR 93/94 NUMBER 930037 TYPE PF APPROPRIATION ADDITIONAL TRANSFER NEW x ADVER~ISEMENT REQUIRED ? YES NO x FUND GENERAL PURPOSE OF APPROPRIATION: ADDIT aNAL FUNDING FOR FOREST FIRE CONTROL. E~PENDITURE COST ~ENTER/CATEGORY DESCRIPTION AMOUNT *****~****************************************************************** 11000~2040560500 FOREST FIRE CONTROL $163.45 TOTAL $163.45 REVENUE DESCRIPTION AMOUNT ***** ****************************************************************** 21000 1000510100 GENERAL FUND BALANCE $163.45 TOTAL $163.45 ***** ****************************************************************** REQUE~TING COST CENTER: FINANCE APPRm ALS : SIGNATURE DATE /o-;25-~ //- ,!- l3 DIREC~OR OF FINANCE ~~~~ ~{IL~ If J} r::;~uv J 1 BOARD OF SUPERVISORS . .. . Appropriation School Carryover ! c . 29- ~)J ..-. ~----::"-"' ~ 0 n \~I r ' , \ ~ ~ ~ ~..Jl~~~~..J.\:' ",," n IS ~-~- , 'i ~ U .- ;,' '~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA Funds ACTION: SUBJECT approval School F year. CONSENT AGENDA: ACTION: INFORMATION: STAFF CO Messrs. Breeden REVIEWED BY: -- ATTACHMENTS: Yes BACKGRO The School Division completed FY 92/93 with a balance of revenues over expenses in the mount of $747,232. The School Board has requested that this amount be appropriated for use in FY 93/94. DISCUSS ON: The following requests have been received: . Previous Iv Budqeted Funds $ 150,000 . School Based Accounts $ 186,548 This amount represents the reallocation of unexpended funds from FY 92/93 for the individual schools based on the School Board's resolution. This resolution, supported by the Board of Supervisors, limited the amount to 10% of their revised budgets. . Curriculum Revision This amount is requested to pay for substitute teachers to allow full-time teachers to participate in curriculum revisions. $ 17,500 . Comprehensive Services Act This amount is requested to comply with the previously unfunded State mandate for foster care. $ 89,000 . School Board Reserve This amount is requested as a contingency for unexpected expenses or special projects. $ 30,000 . Enrollment Reserve $ 274,232 Total $ 747,232 RECO above r $89,000 for a t Staff has reviewed these requests and recommends approval of four of the $186,548 for the school based accounts, $17,500 for the Curriculum revision, for the Comprehensive Services Act, and $30,000 for the School Board Reserve account tal appropriation of $323,048. For the previously budgeted funds of $150,000 and the enrollment reserve of $274,232, staff offers he following comments: 1. The request to appropriate $150,000 noted as "previously budgeted funds" have ready been appropriated in the original budget. It was anticipated that the School nd would have at least this amount remaining from FY 92/93 operations and it was used balance the FY 93/94 original budget. 2. The request to appropriate $274,184 as an enrollment reserve should also be re . ~ cpnsidered. The September 1993 Financial Report presented to you on the consent agenda i~dicates that school revenues may be short by $306,606 based on current enrollment p ojections. However, this same report indicates that $676,427 may be generated by the 7.5% holdback of expenditures in the current year, creating a potential overall savings o $369,821. Therefo e, staff opinion is that the enrollment revenue loss may be covered in the current year an~ would not require an appropriation of a enrollment reserve fund at this time. The remaini~g $274,184 can be maintained in the school fund balance to cover any potential shortfa 1 if the 7.5% holdback is not sufficient. The School Board may come back at a later and request the use of these funds, if necessary. Staff rl commends approval of the remaining balance as detailed on attached Appropriation Form #930038 in the amount of $323,048. The remaining $274,184 will be retained as a reserve in the schbol fund for possible revenue shortfalls in the current year or as recommended in the County ~xecutive's FY 94/95 budget guidance memo, to be used to help the school division address the one-time funds needed for opening the new middle school in FY 94/95. , . R TYPE OF PPROPRIATlON FUND 93/94 APPROPRIATION REQUEST NUMBER PURPOSE OF APPROPRIATION: APPROPR A TlON OF FY 92/93 CARRYOVER FUNDS. **.* DESCRIPTION ADDITIONAL TRANSFER NEW YES NO SCHOOL 930038 x x *******.*.***..**.AA~AAA4AA4AAAA"AAAAA4AAAAAAAAJA"A.**.**"...*****************************************.****i AMOUNT 12201611 1601300 12202611 1601300 122036111601300 12204611 1601300 12205611 1601300 1220661101601300 1220761101601300 122096110 601300 122106110 601300 122116110601300 122126110 601300 122136110 601300 122146110 601300 122156110 601300 122166110 601300 122516110 601300 122526110 601300 122536110 601300 122546110 601300 123016110 601300 123026110 601300 123036110 601300 121116131 121116131 121129301 REVENUE INST/RECREATIONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATIONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATIONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREATlONAL SUPPLIES INST/RECREA TIONAL SUPPLIES SUBSTITUTE WAGES- TEACHER FICA TRANSFER TO CSA FUND CONTINGENCY RESERVE DESCRIPTION TOTAL $3,201.00 5,753.00 5,711.00 10,020.00 9,657.00 8,525.00 6,439.00 4,475.00 7,289.00 2,368.00 2,298.00 885.00 8,170.00 3,032.00 9,775.00 11,440.00 16,597.00 14,491.00 11,681.00 40,177.00 3,253.00 1,311.00 16.245.00 1.255.00 89,000.00 30,000.00 $323,048.00 AMOUNT 2200051000 10100 ***********. **.***.***.*******.**.***********.**.***.**********.***.~****************.*******************************************1 $323.048.00 SCHOOL FUND BALANCE TOTAL COST CENTER: ************ ***....*********.********.*****************************~*.*..****.************************************.*.*.*********1 $323,048.00 APPROVALS DIRECTOR F FINANCE BOARD OF S PERVISORS SIGNATURE ~~f~' / / .,/': " '.n "?d ~" t;~IIc/'t:zVJ I' EDUCATION DATE II-f-'13 //- ~-~) 1/",~T,\~7,"'~,i,;- " I "~-,,', 7 / I -,,~, - -'.'~h t..}!...,.. ! ALBEMARLE COUN1Y PUBLIC SCHOOLS Memorandum i J i f.v~ OF S'!!.!RV/SO~ october 18, 1993 Robert W. Tucker, Jr., County Executive Robert W. Paskel, Division superintenden~ Request for FY 1992-93 Carryover Funds At its meeting on October 11, 1993 the School Board approved the 92-93 Carryover Funds. The School Division completed the fiscal year with a b lance of revenue over expenses in the amount of $747,232 (pre-audit f'gures). Included in this amount is the previously budgeted carryover funds o $150,000 and the fund balances from schools of $238,499. The School Board h s previously adopted a resolution which was amended and supported by the Bard of Supervisors to authorize schools to carry forward balances not e ceeding 10% of their revised budgets. This total would be reduced to $186,548. In reviewing possible recommendations for the application of these funds the Division's needs, staff has considered the following items: (1) serve to offset expected reductions in State revenue due to lower e rollments ($250,000); (2) School Board Reserve ($30,000); (3) Curriculum vision ($17,500); (4) Comprehensive Service Act ($89,000); (5) Textbooks ($35,000); (6) New Middle School start-up costs ($50,000); (7) Expenses elated to redistricting communications ($5,000); (8) Legal Services ($7,000); (9) Additional school buses ($45,000 per bus); and (10) Salary schedule djustments to market survey (each 1% equals $108,975). Given the priorities of the Board, the school-based accounts resolution, nd the uncertainty of enrollments and related revenue, the Board approved the ollowing distribution of the carryover funds and requests the Board of upervisors to amend the appropriations ordinance accordingly. . Previously budgeted funds . School based accounts capped at 10% . Curriculum revision . Comprehensive Services Act . School Board Reserve . Enrollment Reserve $150,000 186,548 17,500 89,000 30,000 274.184 $747,232 WP / smm c: Melvin Breeden Ed Koonce Jlla Carey ALBEMARLE COUN'IY PUBLIC SCHOOLS Memorandum F March 22, 1993 COUNTY OF AL.EEMARL~ R r'~~=';'::::::; r:J n n n r;:::J n I [ :: ;,.----,.,-.. ,~. '-...._~~- . '\ Robert w. Tucker, County Executive ~I ,,',;'\\ 1'1/5' '.,.; :2:5 1'~:93 ) II Robert W. Paskel , Division Superintendent ,; ',' --:',' "'-,"-r~-r U ::::::...; :-=:J U .J l.':::l Request for FY 1992-93 Carryover Funds BOARD OF SUPERV'SO~S D T Shortly before both Boards met on March 3, 1993 for the j int board meeting, the School Board held a work session to discuss the use of additional FY 1993-94 state funds and full f nding of the CATEC budget'request. As part of its discussion, t e School Board agreed to request permission from the Board of Supervisors to carry forward $150,000 from FY 1992-93 to FY 1993- 94. If this request is approved, the School Board would identify t e specific use of the funds before the final adoption of the FY 1993-94 operating Budget scheduled for April 26, 1993. Therefore, it is requested the Board of Supervisors approve t e School Board's request to carry $150,000 from FY 1992-93 to F 1993-94. If I may be of further assistance, please do not hesitate to contact me. Thank you. xc: Carole Hastings Tracy Holt Melvin Breeden Ed Koonce Ella Carey GENnA ITEM NO. GENnA ITEM NAME Form. 3 7/25/86 f:-- .. ~ J~( Vv .3 I ;ell:) ?7i 1{()?i&c/3 (I (p l\J (ry k ~f S'S1 ~,Vl - fv/JV II " f , MOTION: Mr. Bain SECOND: Mr. Marshall MEETING DATE: November 3, 1993 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provi- sions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 requires a certification by the Supervisors that such executive conformity with Virginia law; of the Code of Virginia Albemarle County Board of meeting was conducted in NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Messrs. Marshall, Martin, Perkins, Bain, Bowerman and Mrs. Humphris. NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. iSJ ~w Clerk, Albemar County Board of Supe sors