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1998-09-02
FINAL 9:00 A.M. SEPTEMBER 2, 1998 ROOM 241, COUNTY OFFICE BUILDING 1., Call to Order. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Other Matters Not Listed on the Agenda from the PUBLIC. 5. Consent Agenda (on next sheet). 6. Approval of Minutes: March 13(A), 1995; September 4, 1996: February 19, 1997; and May 6 and lune 10. 1998. 7. Transportation Matters. a. Presentation: Pave-in-Place Program. b. Other Transportation Matters. 8. a. Overview and Presentation of Albemarle County Department Improvement Process. b. Presentation of Awards. 9. Discussion: Virginia Film Festival Funding Request. I 0. Bttdget Request: Soil and Water Conservation District. 11. Presentation: Region Ten Community Services Board FY 1999 Performance Contract. 12. Request to Adopt Resolution Ratifying the Filing of An Application to the Virginia Public School Authority (VPSA) for a Loan in a Principal Pdnount not to Exceed $7,600,000. 13. 10:00 a.m. - PUBLIC HEARING to receive comments on the use of a Law Enforcement Block Grant in the amount of $44,340 awarded by the Department of Justice to Albemarle County proposed by the County to pri~aarily be used for enhanced neighborhood policing in the Esmont ar/d' Scottsville areas. 14. 10:15 a.m. - PUBLIC HEARING on a request to grant a temporary easement to the developer of the Southside Shopping Center to construct a temporary erosion control basin for the proposed development. 15. Presentation: Albemarle Housing and Improvement Program (AHIP). 16. Presentation: Purchase of Development Rights Committee Report. 17. Discussion: Virginia Coalition of High Growth Communities. 18. Executive Session: Personnel Matters. 19. Certify Executive Session. 20. Appointments. 2 I. Other Matters not listed on the Agenda from the BOARD. 22. Adjourn. C. ONSENT AGENDA FOR APPROVAL: 5.1 Appropriation: EMS Recruitment and Retention Mini-Grant, $4,930 (Form #98012). 5.2 Appropriation: Traffic Safety Grant, $3.253.45 (Form #98013). 5.3 Appropriation: Community Oriented Policing Services (COPS) Grant, $12,547.99 (Form #98014). 5.4 Appropriation: Comprehensive Community Corrections Act Grant, $435,148 (Form #98015). 5.5 Appropriation: Family Support Program, $654,368 (Form #98021). 5.6 Amend P-60. Albemarle County Personnel Policies, to add language permitting market equity adjustments. 5.7 Adopt Resolution to take Monticello High School Connector Road (RIP-88-002) into the State Secondary System of Highways. 5.8 Request for use of FY 1998 School Construction Funds for site acquisition for the proposed northern elementary school. 5.9 Albemarle Housing Committee's Affordable Housing Definition. FOR INFORMATION: 5.10 Telecommunications Consultant Update (Status of RFP-97-23 and RFP-97-24). 5.11 Comparison of FY 1997/98-2002/03 and FY 1998/99-2003/04 Final Allocations for Interstate, Primary and Urban Highway System - Albemarle County Projects. 5.12 5.13 Copy of letter dated August 20. 1998. to Don Franco, from Janice D. Sprinkle, Deputy Zoning Administrator, re: Tax Map 31, Parcel 26 - Official Determination of Zoning - part PRD and part RA. Copy of letter dated August 20, 1998. to Robert W. Tucker, Jr., County Executive, from Robert H. Connock, Jr., District Construction Engineer, Department of Transportation, providing notice of a public workshop on the Route 29 Pedestrian Study from Barracks Road to Airport Road [Route 649), City of Charlottesville and Albemarle County. 5.14 Copy of Supts. Memo. No. 6. dated August 7, 198, from Paul D. Stapleton, Superintendent of Public Instruction. to Division Superintendents, re: Certification of Adequate Budgeted Funds in 1998-99 to Meet the Required Local Expenditure for Basic Operations Costs. 5.15 Monthly Bond Program Report for Arbor Crest Apartments (Hydraulic Road Apts.) for the month of July, 1998. 5.16 Compensation and Benefit Survey Project. 5.17 Copy of minutes of a meetirtg of the Board of Directors of the Rivanna Water and Sewer Authority Board for July 27, 1998. 5.18 Copy of minutes of a joint meeting of the Boards of Directors of the Rivanna Water and Sewer Authority and Rivanna Solid Waste Authority for July 27, 1998. ACTIONS Board of Supervisors Meeting of September 2, 1998 September 9, 1998 5.1 5.2 5.3 5.4 5.5 5.6 5.7 AGENDA ITEM Call to Order. Other Matters Not Listed on the Agenda from the PUBLIC. Jennifer Gaden spoke regal'ding the Year 2000 problem with computers. Suggested educating the public and making arrange- ments to take care of the Connty'sfiscalneeds on all levels. Approp: EMS Recruitment and Retention Mini-Grant, $4,930 (Form #98012). DEFERRED until October 7, 1998. Approp: Traffic Safety Grant, $3,253.45 (Form #98013). APPROVED. Approp: Commnnity Oriented Policing Services (COPS) Grant, $12,547.99 (Form #98014). APPROVED. Approp: Comprehensive Community Corrections Act Grant, $435,148 (Form #98015). APPROVED. Approp: Fmnily Support Program, $654,368 (Form #98021): APPROVED. Amend P-60, Albemarle County Personnel Policies, to add language permitting market equity adjuslments. ADOPTED with correc- tion in Sec G. Adopt Resolution to take Monticello High School Connector Road (R1P-88-002) into the State Secondary System of Highways. ADOPTED~ ASSIGNMENT The meeting was called to order at 9:01 a.m., by the Chairman. Clerk: Send letter to Jennifer Gaden acknowledging her comments. C. PttmChrev: Provide info on type of advertising. Clerk: Clerk: Forward signed form to Melvin Breeden and appropriate persons. __ Forward signed form to Melvin Breeden and appropriate persons. Clerk: Forward signed form to Melvin Breeden and appropriate persons. Clark: Forward signed form to Melvin Breeden and appropriate persons. K. Ralston: Provide an update on program in either December or January. Clerk: Forward to Michael Thompson. M. Thompson: Send amended policy to departments. Clerk: Forward resolution to Mark Henry. 5.8 5.9 5.10 5.11 5.12 5.14 7a. 7b. AGENDA ITEM Request for use of FY 1999 School ConstmctionFunds for site acquisition for the proposed northern elementary school. APPROVED $393,496 in FY 1999 School construction funds for site a6qulsition costs. Albemarle Housing Committee's Affordable Housing Def'mition. ADOPTED resolution. Telecommunications Consultant Update (Status of RFP-97-23 and RFP-97-24). Comparison of FY 1997/98-2002/03 and FY 1998/99-2003/04 Final Allocations for Interstate, Primary and Urban Highway System - Albemarle County Projects. Ms. Humphris said she still did not get all the info she requested. Mr. Bowerman questionedwhether the 1-64 rest area was still moving forward. Copy of letter dated August 20, 1998, to Don Franco, from Janice D. Sprinkle, Deputy Zoning Administrator, re: Tax Map 31, Parcel 26 - Official Determinatiun of Zoning - part PRD and part RA. Copy of Supts. Memo. No. 6, dated August 7, 1998, from Paul D. Stapleton, Superintendent of Public Instruction, to Division Superintendents, re: Certification of Adequate BudgetedFunds in 1998-99to Meet the Required Local Expenditure for Basic Operations Costs. Pave-in-Place Program. Requests for this program should be referred to Ms. Tucker's office. They will make a determination of whether the road qualifies and will officially nofify the Board in writing. If the Board chooses, the road can then be added to the Six Year Plan. Other Transportation Matters. Set out in separate letter to Angela Tucker. ASSIGNMENT Clerk: Send memo to Frank Morgan. Clerk: Forward resolution to Ginnie McDonald and Chair of Housing Committee. W. Cilimbem: Proceed with gett'mg kfformation from consultants now. Move forward with an amendment to the fee schedule. W. Cilimberg: Find out how much money the County lost and why. J. Sprinkle: Provide Board with a copy of a tax map of these items so asto know where the parcel is located. B. Tucker: Provide short covermemo explainingthese type items. (Page #3) AGENDA ITEM Discussion: Virginia Film Festival Funding Request. APPROVED funding from the County's tourism fund. This funding is not confmgent on funding from the City. Appropriation to come back on the October 7th agenda. 10, Budget Request: Soil and Water Conserva- tion District. APPROVED. Appropriationto come back on the October 7th agenda. 11 Presem Region Ten Community Services Board FY 1999 Performance Contract. APPROVED. 12¸ Request m Adopt Resolution Ratifying the Filing of An Application to the Virginia Public SchoolAuthority (VPSA) for a Loan in a PrincipalAmount not to Exceed $7.600.000. ADOPTED resolution 13 PUBLIC HEARING: Law Enforcement Block Grant. AUTHORIZED County Executive to execute appropriate documents for grant. 14¸ PUBLIC I-~AR1NG: grant temporary ease- ment to developer of Southside Shopping Center. AUTHORIZED County Executive to execute easement once all legal issues with developer are resolved. 16. Present: PDR Committee Report. CONSENSUS of Board that Committee proceed. Staff tn work with the committee to refine some of the technical issues. Directed Mr. Tucker to fred $1.0 million to fund, 17 Disc: Virginia Coalition of High Growth Communities. CONSENSUS of Board to continue its support of the Coalition. Staffto come back with a copy of the statement that Ms. Thomas will present on September 25th. ASSIGNMENT Clerk: Send letter to Richard Herskowitz. M. Breeden/R. White: Appropriation for October 7th; M. Breeden/R. White: Appropriation for October 7th. Clerk: Send letter to Jim Peterson. Clerk: Forward resolution to Melvin Breeden with copy to Dr. Castner. B. Tucker: Execute documents. B. Tucker: Execute documents at appropriate time. · B. Tucker: Find source of funding. W. Cilimberg: Work with Ms. Thomas to prepare statement. (Page #4) 20. 21. 22. AGENDA ITEM Appointments APPOINTEDMartha Tarrant to the Regional Disabilities Services Board, with term to expire on July 1, 2001. APPOINTED David T. Paulson to the Jordan Development Corporation, with term to expire on August 13, 1999. Other Matters not Listed on the Agenda. Mr. Perkins asked for an update on the fire and rescue services. Ms. Thomas mentioned the regional planning summit to be held on September 10th. Ms. Thomas mentioned a proposal by ValuAmerica to build a new building on Route 250 West and employ 1500 people: She discussed the issue of parking. Mr. Marshall said he would not be present at the September 9th Board meeting. Adjourn. The meeting was adjourned at 3:15 /ewe Attachments Distribution List: County Executive and staff Board of Supervisors Kevin Cas~er Wayne Cilimberg Larry Davis Bill Mawyer Amelia McCulley Bruce Woodzell Clerk: ASSIGNMENT Send out appointment letters and thank you letters for persons not appointed. C. Pum~hre¥/R. Huff.' Provide update in next couple of months. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Melvln A. Breeden, Director of Finance Ella W. Carey, CMC, Clerk~-~ September 10, 1998 Board Actions of September 2. 1998 At its meeting on September 2, 1998, the Board of Supervisors took the following actions: Item No. 5.1. Appropriation: EMS Recruitment and Retention Mini-Grant. $4.930 ~Form #98012). DEFERRED until October 7, 1998. Staff to come back with information on the method of advertising. Item No. 5,2. Appropriation: Traf£~c Safety Grant. $3,253.45 IForm #98013 ~. APPROVED. Item No. 5.3. Appropriation: Community Oriented Policing Services (COPS) Grant, $12,547.99 (Form #98014~. APPROVED. Item No. 5.4. Appropriation: Comprehensive Conununity Corrections Act Grant. $435.148 ~Form #98015). APPROVED. Item No. 5.5. Appropriation: Family Support Program. $654,368 (Form #98021). APPROVED. Staff to provide an update on the program in either December or lanuary. Item No. 5.8. Request for use of FY 1998 School Construction Funds for site acquisition for the proposed northern elementary school. APPROVED the use of FY 1999 School construction funds in the amount of $393,496 for site acquisition costs for the proposed northern elementary school. Agenda Item No. 9. Discussion: Virginia Film Festival Funding Request, APPROVED a request from the Virginia Film Festival for a $10.000 contribution. Funds to come from the*tourism fund, This approval is not contingent on funding from the City. Appropria- tion form to come back to the Board on October 7, 1998. Memo To: Melvin A. Breeden Date: September 10, 1998 Page 2 Agenda Item No 10. Budget Request: Soil and Water Conservation District. APPROVED $14.782 in additional funds to support a full-time administrative secretary, Appropriation form to come back to the Board on October 7, 1998. Agenda Item No. 12. Request to Adopt Resolution Ratifying the Filing of An Application to the Virginia Public School Authority (VI?SA) for a Loan in a Principal Amount not to Exceed $7,600,000. ADOPTED resolution. (Note: Brenda has original signed resolution.) Agenda Item No. 13, 10:00 a.m. - PUBLIC HEARING to receive comments on the use of a Law Enforcement Block Grant in the amount of $44,340 awardecr by the Department of Justice to Albemarle County proposed by the County to primarily be used for enhanced neighborhood policing in the Esmont and Scottsville areas. AUTHORIZED County Executive to execute the appropriate documents for the grant. /ew~ Attachments pc: Richard E. Huff. II Roxanne W. White Robert Walters Carl Pumphrey John Miller Kathy Ralston APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98013 TYPE OF APPROPRIATION: ADDITIONAL TP, ANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: DMV TRAFFIC SAFETY GRANT. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1 1535 31145 120000 WAGES-O/T $3,022.25 1 1535 31145 210000 FICA ' 231.20 TOTAL $3,253.45 REVENUE DESCRIPTION AMOUNT 2 1535 33000 330001 FEDERAL GRANT $3~253.45 TOTAL $3,253.45 TRANSFERS POLICE REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FIN~A/~CE BOARD OF SUPERVISORS //I GNATURE DATE APPROPRIATION REQUEST FISCAL YEAR: 98/99 NI/MBER 98014 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: BALANCE OF COPS 95 GRANT. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1 1521 31010 120000 WAGES-O/T $11,656.29 .... 1 1521 31010 210000 FICA ~ 891.70 TOTAL $12,547.99 REVENUE DESCRIPTION AMOUNT 2 1521 33000 330001 FEDERAL GR3LNT $12,547.99 TOTAL $12,547.99 TRANSFERS POLICE REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOggeD OF SUPERVISORS S I GNATU~E DATE ~. ~/~ ~ APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98015 TYPE OF APPROPRIATION: ADDITIONAL TI~ANSFER N~W X ADVERTISEMENT REQUIRED ~ YES NO X FI/ND: GRANT PURPOSE OF APPROPRIATION: COMPREHENSVIE COMMUNITY CORRECTIONS GR_~NT 99~6348 EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1 1520 29406 566120 OAR $319,196.00 1 1520 29406~566140 CENTRAL VA. ~JAIL 33,066.00 1 1520 29406 566150 REGION TEN 80,886.00 1 1520.29406 562500 TT PLAi~NING DISTRICT 2,000.00 TOTAL $435,148.00 REVENUE DESCRIPTION AMOUNT 2 152 24000 240440 COMP. COMM. CORRECTIONS GR3~NT $435,148.00 TOTAL $435,148.00 TR3~NSFERS COUNTY EXECUTIVE REQUESTING COST CENTER: · Ai~PROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS DATE APPROPRIATION REQUEST FISCAL YEAR: 98~99 NUMBER 98021 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FAMILY SUPPORT PROGRAM. EXPENDITURE COST CTPJCATEGO RY DESCRIPTION AMOUNT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1557 83150 110000 SALARIES-REGULAR $424,938.00 1557 53150 210000 FICA 32,508.00 1557 53150 221000 VIRGINIA RETIREMENT SYS. 48,530.00 1557 ~53150 231000 HEALTH INSURANCE 32,775.00 1557 53150 232000 DENTAL[NSURANCE 891.00 1557 53150'270000 WORKER'S COMPENSATION 3,011.00 1557 53150 331100 R&MEQUIP.-OFFICE 100.00 1557 53150 332104 MAINT. CONT. - DP EQUIP. 1.950.00 1557 53150 520100 POSTAL SERVICES 2.600,00 1557 53150 520300 TELECOMMUNICATIONS 8,800.00 1557 53150 530700 PUBLIC OFFICIAL LIABILITY 1,000.00 1557 53150 540200 LEASE/RENT-BLDG 2,900.00 1557 53150 550100 TRAVEL-MILEAGE 31,320.00 1557 53150 550400 TRAVEL-EDUCATION 6,500.00 1557 53150 550600 TRAVEL-SUBSISTENCE 3.250.00 1557 53150 600100 OFFICE SUPPLIES 5,850.00 1557 53150 601200 BOOKS& SUBSCRIPTIONS 650.00 1557 53150 601600 [:)ATA PROCESSING SUPPLIES 1.625.00 1557 53150 601700 COPY SUPPLIES 1.300.00 1557 53150 800100 MACH/EQUIP 280.00 1557 53150 800200 FURN/FIXTURES 3.290.00 1557 53150 800700 ADP EQUIP 40.300.00 TOTAL $654,368.00 REVENUE DESCRIPTION AMOUNT 2 1557 33000 330001 FEDERAL GRANT REVENUE $654,368.00 TOTAL $654,368.00 TRANSFERS REQUESTING COST CENTER: COUNTY EXECUTIVE APPROVALS: SIGNATURE DATE / At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 2nd day of September, 1998, at the time and place established by such Board for its regular meetings, in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent: PRESENT: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins and Ms. Thomas. ABSENT: None. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBERS VOTE Mr. Bowerman Aye Ms. Humphris Aye Mr. Marshall Aye Mr. Martin Aye Mr. Perkins Aye Ms. Thomas Aye RESOLUTION RATIFYING TI-H~ FILING OF AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,600,000 WItEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia, (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake various capital improvements for its public school system; and BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby ratifies the filing of an application with the Virginia Public School Authority for a loan to the County in a principal amount not to exceed $7,600,000 to finance various capital improvements for its public school system. The actions of the County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, m completing and delivering an applicationto the Virginia Public School Authority are hereby rafffied. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board held on the 2nd day of September, 1998, and of the whole thereof so far as applicable to the matters referred to ha such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this 2nd day of September, 1998. CSEAL) Clerk of the Board of Supervisors, Albemarle County, Virginia Iq&ME I,NrlL _ Fol 7 li m. 3 5/86 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - EMS Recruitment and Retention Mini-Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98012 in the amount of $4,930.00. STAFF CONTACT(S): Ms. White, Messrs. Tucker, Breeden, Walters, Pumphrey AGENDA DATE: September 2, 1998 ACTION: CONSENTAGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes ! BACKGROUND: The Virginia Department of Health, Office of Emergency Medical Services, has approved a mini-grant to provide funds to produce movie theater ads for recruitment purposes. DISCUSSION: The min~~grant is funded by a $4,930.00 Office of Emergency Medical Services grant. There is no local match. RECOMMENDATION: Staff recommends approval of Appropriation 98012 in the amount of $4,930.00. 98.172 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Traffic Safety Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98013 in the amount of $3,253.45. STAFF CONTACT(S): k4s. White,Messra. Tucker, Bmeden,Walters,Miller AGENDA DATE: September 2, 1998 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATFACHMENTS: Yes REVIEWED BY: BACKGROUND: The County of Albemarle Board of Supervisors and the Virginia Department of Motor Vehicles previously approved a federal grant in 1997/98 to fund traffic enfordement overtime. The grant was approved for the period October I, 1997 through September 30, 1998. This appropriation requests expenditure approval for the period July 1, 1998 through September 30, 1998, DISCUSSION: This is a federal grant extending through September 30, 1998. The local match was provided in the 1997/98 fiscal year. There is no local match for 98/99. The remaining federal portion of the grant is $3,253.45. RECOMMENDATION: Staff recommends approval of Appropriation 98013 in the amount of $3,253.45. 98.173' COUNTY OFALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Community Oriented Policing Services (COPS) Grant SUBJECT/PROPOSAL/REQUEST: Request. approval of Appropriation 98014 in the amount of $12,547.99. STAFF CONTACT(S): Messrs. Tucker, Miller, Breeden, Walters; Ms. White AGENDA DATE: ITEM NUMBER: September 2, 1998 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes / BACKGROUND: t The COPS MORE 95 grant and 2 supplements were previously approved for a 3-year pedod beginning December 1, 1995 and ending November 30. 1998. This appropriation requests approval to expend remaining funds for the balance of the grant period. DISCUSSION: The US Department of Justice grant has $12,547.99 remaining. The local match has been approved and transferred in prior years. There is no additional local match required for the remaining period. RECOMMENDATION: Staff recommends approval of appropriation 98014 in the amount of $12,847.99. 98.171 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Comprehensive Community Corrections Act Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98015 in the amount of $435,148.00. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Ms. Wh'rte AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMA~ON: INFORMA~ON~ ATTACHMENTS: Yes ~f,/~ . REVIEWED BY: -' ' / _ / BACKGROUND: The County of Albemarle serves as fiscal agent for the Jefferson Area Community Criminal Justice Board (CCJB). In that ca0acity, the County receives and appropriates funds awarded to the CCJB by the Department of Cdminal Justice Services (DCJS). The County contracts with community agencies to provide the services stipulated in the grant. DISCUSSION: For FY 98/99, DCJS awarded $435,148.00 to the CCJB to be allocated as follows: Offender Aid and Restoration for pretrial and community corrections services at the Albemarle-ChaHottesville Regional Jail and community corrections services for the Central Virginia Regional Jail Central Virginia Regional Jail for pretrial services Region Ten Community Services Board for substance abuse services provided at The Mohr Center Community Criminal Justice Board for office expenses $319,196.00 33.066.00 80,886.00 2,000.00 RECOMMENDATION: Staff recommends approval of appropriation 98015 in the amount of $435,148.00. 98.170 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation Family Support Program SUBJECT/PROPOSAUREQUEST: Request approval of Appropriation #98021 in the amount of $654,368 for the Family Support program STAFF CONTACT(S): Mr. Tucker, Ms. White, Ms. Raltson AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: At the June 17TM Board meeting, staff presented information on a proposed pilot program in the Department of Social Services eh§tied the Family Support Program. This program will expand family support services to the schools that have Bright Stars programs in order to provide ongoing services to the families and children as they progress from Idndergarten threugt~ the fifth grade. Family support services will also be provided to the general at-risk population in the other 11 elementary schools. Under Title IV-E of the Social Secudty Act, Federal Financial Participation (FFP) funds will be used at a 50% matching rate for the purpose of foster care prevention. DISCUSSION: The proposed budget for the Family Support Program is $654,368 to be matched by local and state funds already being used in other County prevention services, i.e. Bright Stars, $320,146, Growing Healthy Families, $118,659;CSA, $175,000; current DSS family support worker, $40,563. The Federal funds will be used to hire a Family Support Coordinator and an Office Associate to administer the Family Support Program, as well as the Bright Stars program, Nine family support workers will be hired to work in the elementary schools, in addition to adding .6FTE hours to the Bright Stars Team Leaders (the family support worker for the four Bright Stare programs) to bring them up to full-time. Additional operating expenses include telephone service, mileage expenses, postage, office supplies, etc. Capital equipment expenses are mainly for laptop computers, since Family Support Workers will not have an official office, but will work primarily out of their homes. The elementary schools will also provide varying degrees of office space depending on space availability at the individual schools to which they are assigned. There are no local funds required for this appropriation. RECOMMENDATION: Staff recommends approval of Appropriation #98021 in the amount of $654,368 for the Family Support Program. 98.174 COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Michael T~hompson, Director Human Resources Ella W. Carey, Clerk, CMC~~C-~ September 14, 1998 Board Actions of September 2, 1998 At its meeting on September 2, 1998, the Board of Supervisors adopted an amendment to §P-60 of the Albemarle County Personnel Policies. Please note that there was an ePror in the fourth line of Item G. The sentence reading: "In no case will this exceed lot less than the minimum" either has a word missing or should be omitted. ! /ewc ~' [' cc: Robert W. Tucker, Jr. Richard E. Huff, II RECEIVED SEP 1 5 1998 Human Resources PERSONNEL SP-60 Page 3 Procedure for Salary Administration and Position Classification (continued) The Director of Human Resources will ensure that the plan is kept current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. Entrance Pay Rate - The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. Under no circumstances will an employee receive an entrance pay rate below the minimum rate prescribed for the class to which he is placed unless he is on probation. In no case will this exceed 10% less than the minimum. When a prospective employee has relevant experience that would warrant placement above the minimum rate, the following will be used as a guide for this placement: Less than 12 months' relevant expenence; 1 year to less than 3 years' relevant experience; 3 years to less than 5 years' relevant experience; 5 years to less than 7 years' relevant experience; 7 or more years' relevant experience. Minimum range 5% above minimum 10% above minimum 15% above minimum 20% above minimum The County Executive is authorized to hire employees at any point within the salary range based on market conditions and the qualifications of the individual. Pay Rate Adiustment - The following personnel actions shall affect the pay status of an employee in the manner described. Promotion - When an employee is promoted from one class to another having a higher pay range and additional responsibilities, the employee shall receive an increase of at least ten percent or that rate which would be granted to a newly hired employee as stated in paragraph G above. Promotions can only occur if: a. Thera is a vacancy in the higher pay range; or, b. If additional positions in the higher class are approved in the budget cycle for implementation in the next fiscal year. 2. Demotion - When an employee is demoted from one class to another having a lower pay range, the employee shall be placed within the lower COUNTY OF ALBEMARLE EXECUTIVE SUMMARY BOARD OF SUPERVI$ORS AGENDA TITLE: Market Equity Adjustment SUBJECT/PROPOSAL/REQUEST: Amendment to P-60, Albemarle County Personnel Policies, to add language permitting market equity adjustments. STAFF CONTACT(SI: Messrs. Tucker, Huff, Thompson AGENDA DATE: September 2, 1998 ITEM NUMBER: INFORMATION: ACTION: CONSENT AGENDA: ACTION: × INFORMATION: ATTACHMENTS: Yes~(/,/~..----~ REVIEWED BY: ~'~ - / BACKGROUND: In July, 1996. the County implemented new pay ranges for all its employees based on recommendations from Hendricks and Associates. At that time, there was discussion that broadening the ranges to a full 60% from minimum to maximum would allow for adjustments to salar~s for additional skill level obtainment and market factors to occur without having to re-classify upwards or downwards, causing other internal equity concerns. At that time, no policies were developed which would allow for such market equity adjustments to occur and staff is now presenting such language for the Board's approval. Specifically, P-60 of the Albemarle County Personnel Procedures (see Attachment A, page 5, paragraph 8) is recommended to be amended to give the County Executive the authority, based on recommendation from the Director of Human Resources tc make an m-range equity adjustment. Such adjustment may not exceed the mid-point (market value) of the employee's salary range. While tiis anticipated that these market equity adjustments would be infrequent, staff has identified several positions mostly ~n the Information Services arena that are currently being compensated well below the market, given current trends in the computer industry. A specific example is a current Programmer Analyst who was brought in fairly close to the bottom of the range {$30,633) so as not to compress the indMdual against more experienced programers who are also very far down in their range. Market conditions exist today, however, such that a Programmer Analyst working on Year 2000 programming can make substantially more than the $31.000 or $32,000 we are currently paying and, therefore, turnover of these most critical positions is of real concern. In order to stay competitive with the marketplace, it is felt that a horizontal movement along the scale is more appropriate than re-classifying the position upwards and thus bumping against other positions which would also then have to be moved. Similar situations exist with several other Information Services positions and this authority will give the County Executive the ability to potentially retain valuable, skilled employees. DISCUSSION: The School Board is currently considering the same policy to give the Superintendent similar authority on the school side so that, in terms of commonality, all employees will be subject to the same policy. There are four factors wNch are required to be considered in reviewing a request for an equity adjustment. They are: (1) (2) (3) (4) An identification of the position's relevant market. Consideration of internal equity. Research into the factors which led to the salary being significantly Iow market Measurement of the actual degree that the salary is below market and the degree to which it will improve if an adjustment is made. These factors will enable staff to track more closely market conditions which are affecting our most sensitive positions. RECOMMENDATION: Staff recommends that the Board approve this amendment te P-60 of the Albemarle County Personnel Procedures as presented. 98.165 COUNTY OF ALBEMARLE §P-60 PERSONNEL POLICY SP.-60: SALARY ADMINISTRATION AND POSITION CLASSIFICATION The Pay Plan adopted by the Board will be directly linked to the Classification Plan and will be based on the principle of equal pay for equal work. The Board will maintain a salary administration program, which will provide for payment of salaries and for recognition of and reward for differences in 'ndividual ability and performance. Amended: August 4, 1993; August 7, 1996 PERSONNEL SP-60 Page 2 Procedure for Salary Administration and Position Classification Class specifications are written descriptions of each position which include general statements of the duties, responsibilities, and qualifications necessary for that position. A class .specification will be developed for each position and will be reviewed on an annual basis by the department head or designee to assure that it is an accurate reflection of that position. Like classifications will be grouped in terms of common elements: 1 Job Complexity 2. Education and Experience Scope and Impact 4. Supervision Received S. Working Relationships 6. Working Environment 7. Physical Demand This grouping will be determined by a system of point values arrived upon in the analysis of each job. It is the responsibility of the department head/designee to maintain equitable and properly evaluated positions within his/her department. Newly created positions or major changes in the functions or responsibilities of an existing position shall be reported to the Director of Human Resources in order to initiate an evaluation study to establish a new position or reclassify an existing position. All position classifications and reclassifications must be approved prior to placement on a salary range. Administrative recommendations must be jointly approved by the County Executive and Superintendent. All other recommendations must be jointly approved by the Assistant Superintendent or Designee and Deputy County Executive. Salary ranges consisting of a minimum, midpoint, and maximum salary will be established for each class of positions based upon information about similar positions in the community and. where appropriate, compared with similar Positions within the state as well as the policies of the Board. PERSONNEL SP--60 Page 3 Procedure for Salary Administration and Position Classification (continued) The Director of Human Resources will ensure that the plan is kept current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. Entrance Pay Rate - The entrance pay rate shall normally be the minimum rate in the pay range prescribed for the class. Under no circumstances will an employee receive an entrance pay rate below the minimum rate prescribed for the class to which he is placed unless he is on probation. In no case will this exceed lot less than the minimum. When a prospective employee has relevant experience that would warrant placement above the minimum rate, the following will be used as a guide for this placement: Less than 12 months' relevant experience; I year to less than 3 years' relevant experience; 3 years to less than 5 years' relevant experience; 5 years to less than 7 years' relevant experience; 7 or more years' relevant experience. Minimum range 5% above minimum 10% above m~nimum 15% above minimum 20% above minimum The County Executive is authorized to hire employees at any point within the salary range based on market conditions and the qualifications of the individual. Pay Rate Adiustment - The following personnel actions shall affect the pay status of an employee in the manner described. Promotion - When an employee is promoted from one class to another having a higher pay range and additional responsibilities, the employee shall receive an ~crease of at least ten percent or that rate which would be granted to a newly hired employee as stated in paragraph G above. Promotions can only occur if: a. There is a vacancy in the higher pay range; or, b. If additional positions in the higher class are approved in the budget cycle for implementation in the next fiscal year. 2. Demotion - When an employee is demoted from one class to another having a lower pay range, the employee shall be placed within the lower PERSONNEL SP-60 Page 4 Procedure for Salary Administration and Position Classification (continued) range, and a ten percent reduction in pay will be implemented. When an employee is demoted for administrative purposes through no fault of the employee, his rate of pay shall remain the same until the range changes, as a result of subsequent market studies and/or reclassifications, to the extent that the employee's salary then matches the new range for his position/job classification. Voluntary Movement to a Position in a Lower Pay Grade - When an employee chooses to move to/apply for a position in a lower pay scale, he will receive a ten percent reduction in pay. Reclassification - When an employee is reclassified from one range into a higher range, the employee will receive a 7.5% pay rate increase for reclassifications resulting in a one pay grade increase and a 10% increase for reclassification resulting in a two or more pay grade increase. Completion of probationary period - Upon successful completion of their initial probationary periods, employees will: a. If hired on or before November 1st of a fiscal year. receive a prorated salary increase effective July Ist, earned by their participation in the regular merit evaluation cycle; or, b. If hired on or after November 2nd of a fiscal year, receive a prorated salary increase, as outlined on the Exhibit that accompanies this policy, based on: the number of months worked in the fiscal year, the budgeted new increase in the fiscal year, and the pay grade midpoint of the position. 6. Shift differential - When an employee is assigned to work evening/midnight shifts a pay differential will be paid as follows: Evening: Midnight: 4:00 p.m. to 12:00 a.m.: 4 % of base salary for the position 12:00 a.m. to 8:00 a.m.: 8 % of base salary for the position Employees must be permanently assigned to a shift to be eligible for the differential. If an employee works a shift that encompasses both daylight, evening or midnight shifts the differential will be paid based on the majority of hours worked in the respective shift. PERSONNEL Page 5 SP-60 Procedure for Salary Administration and Position Classification (continued) All permanent employees who are assigned temporary work in a higher capacity shall be paid the minimum rate of the higher classification (but no less than 5% above their regular rate) for those hours of such assignment that exceed 10 consecutive work days. These temporary assignments with higher pay may be made only in situations when the work requires the designation of an employee ~n the higher classification by the department head or County Executive and are not intended to be made for casual assignments of supervisory or administrative responsibility. When-it can be substantiated that the salary of an employee is significantly below the average salary of the relevant market for the position, an in- range equity adjustment may be granted. Such an adjustment will not exceed the mid-point of the employee's salary range. Requests for adjustments will be submitted by the employee's supervisor to the Director of Human Resources. The Director of Human Resources will review the request based on the following factors: 1) an identification of the position's relevant market; 2) consideration of internal equity; 3) research into the factors which led to the salary being significantly below market; and, 4) measurement of the actual degree the salary is below market and the degree to which it will improve if an adjustment is made. The Director of Human Resources will use this information to make a recommendation to the County Executive. The County. Executive shall have the sole authority to approve any adjustment to an employee's salary based on this process. Adopted: July 1, 1993 Amended: September 13, 1993; June 19, 1995; July 8, 1996; December 8, 1997 m To: Mark B. Henry, Senior Engineer Department of £ngineenng & Public Works From: Ella Washington Carey, Clerk, Subject: Road Resolution Date: September 14, 1998 At its meeting on September 2. 1998, the Board of Supervisors adopted the following resolution: to accept the Monticello High School Connector Road tRIP-88-002) into the State Secondary System of Highways, Attached is the original and four copies of the adopted resolution. /EWC Attachments (5 cc: Bill Mawyer The Board of County Supervisors of Albemarle County, Virglnma, in regular meeting on the 21%d day of September, 1998, adopted the following resolution: RESOLUTION WHEREAS, the Monticello High School Connector Road (HIP-88-002) described on the attached Additions Porm SR-5(A) dated September 2, 1998, fully incorpo- rated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and W~EREAS, the Resident Engineer for the Virginia Department of Transporta- tion has advised the Board that the streets mee5 the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of Counmy Supervisors requests the Virginia Deparsmen5 of TransportatIon to add Mill Creek Drive as described on the attached Additions Form SR-5(A) dated September 2, 1998, Go the secondary sysLem of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requiremenss; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuns, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded the Resident Engineer for the Virgmn±a Department of Transportation; AND, BE IT FURTHER RESOLVED that the Board hereby guaransees to the Virginia Department of Transportation for a period of one year from the date of acceptance ln5o the secondary syssem of state highways, Mill Creek Drive against defective materials and/or workmanship up to a maximum of $!3,500.00 Recorded vote: Moved by: Ms. Kumphris. Seconded by: Mr. Bowerman Yeas: Mr. Marshall, Mr. Martin, Mr. Ms. Humphris. Nays: None. Perkins, Ms. Thomas, Mr Bowerman and A Copy Teste: ~lla ~. Caray, ~lsrk, CI~ Board of County ~e~is~rs The road described on Additions Form SR-5(A) is: 1) Mill Creek Drive from Station 10+10, right edge of pavement of northbound of State Route 742 to Station 54+00, rear e~ge of pavement of southbound U. S. Route 20, 4390 lineal feet as shown on plat recorded 1/30/97 in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book i590, pages 421- 424, with a right-of-way width of 100 feet, with additional right- of-way plats recorded 9/19/95 in Deed Book 1492, pages 682-683, for a length of 0.83 mile. Total length - 0.83 mile. COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS TO: VIA: FROM: DATE: SUBJECT: MEMORANDUM Ella Carey, Clerk, Board of S~l~ervisors Bill Mawyer, Director f~//~] Mark B. Henry, Senior Engineer July 28, 1998 Monticello High School Connector Road (RIP-S8-002) The road serving the referenced project is substantially complete and ready for VDOT acceptance. At the next opportunity, I request the Board of Supervisors to adopt a resolution for the road specified in the attached VDOT SR-5(A) form. After the adoption of the resolution, please provide me with the original and four copies of the signed and dated resolution and SR-SA. Thanks for your assistance. Please contact me if you have any questions. MBH/mbh Attachments COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Frank E. Morgan Assistant Superintendent for Support Services Ella W. Carey, Clerk, CM~.~ September 14, 1998 Board Actions of September 2, 1998 At its meeting on September 2, 1998, the Board of Supervisors approved the use of FY 1999 School construction funds in the mount of $393,496 for site acquisition costs for the proposed northern elementary school. /ewe cc: Robert W. Tucker, Jr. Roxanne W. White Kevin C. Casmer Jackson Zimmerman COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: State School Construction Funding SUBJECT/PROPOSAL/REQUEST: Request approval to use $393,496 in FY,~"School Construction Funding for site acquisition for the proposed northern elementary school STAFF CONTACT(S): Messrs. Tucker, Huff, White AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS.: Ne REVIEWED BY: /~~ / BACKGROUND: The 1998 General Assembly approved legislation (Senate Bill 4005), which funds the Virginia Public School Construction Grants Program with $55 million in each year of the biennium The approved formula first disl~ibutes a floor or base amount of $200,000 to each school division, the balance of which is distributed on the basis of the composite index and the average daily membership (ADM) A local match is also required, which is based on the composite index times the grant amount. Funds may be used for school construction, additions, renovations, infrastructure, site acquisition and debt service. 'AIbemarle's FY99 state grant is $393,496 to be matched by $245,266 in local matching funds. The state allocation for FY2000 is $395.441 DISCUSSION: The state Board of Education has approved guidelines for administering the program, which include procedures for distribution and certification documents. The school division must certify that the funds will be used for purposes stated in the legislation, which includes setting out howthe funds, both state and matching, will be used. The school division must also cedJty the action taken by the governing body on the use of the grant funds. Upon receipt of this certification, which is due September 30, the state Board will distribute the funds to the School Division. Since the County's capital transfer and debt service contributions to the School DMslon Capital Improvement Progimm have grown so rapidly in the last several years, particularly for Monticello High School, the School Division and the County Executive's Office have agreed not to use the additional school construction funds to add any new capital projects over and above the approved Capital Improvement Program. Although several options are available, which include reducing either debt service or the capital transfer to the School Capital improvement Fund as a way of freeing up local dollars for other priorities, staff would recommend using these funds in FY99 for land acquisition and preliminary engineering [or the new northern elementary school. Although funds have been budgeted in FY2000 for site acquisition, engineering staff is now recommending land Dumhase in the current fiscal year if the school ,is to be completed by August 2001. If site acquisition needs to occur in the current tiscal year, theirs airs no additional funds available except from the fund balance. Using these add~onal school construction revenues for this purpose would minimize the need for fund balance revenues and would then free up additional dollars for school projects in the FY2000 ClP that have alreaay been committed to site acquisition for the new elementary school. RECOMMENDATION: Staff recommends Board approval for the use of FY99 School Construction Funds in the amount of $393,496 for site acquisition : costs for the proposed northern elementary school. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Ginnie McDonald Housing Coordinator Ella W. Carcy, Clerk, CMC~ September 14, 1998 Board Actions of September 2, 1998 At its meeting on September 2, 1998, the Board of Supervisors supported the Housing Committee's recommendation by adopting the attached resolution outlining the general definition of affordable housing; the three targeted Range of Income groups and the current armu. al cost range of"for sale" affordable housing costs. ewc cc: Robert W. Tucker. Jr. Roxarme W. White Leigh Middleditch RESOLUTION Whereas, the Albemarle County Housing Committee has defined affordable housing as decent and safe housing at a cost that does not exceed thirty (30) percent of monthly household income; and Whereas. the Albemarle County Housing Committee has adopted the following three (3) targeted household income ranges to prioritize for the delivery of affordable housing initiatives: PERCENT OF MEDIAN INCOME ($49,300) ANNUALINCOME MONTHLY INCOME Available for Housing (~ 30% RANGE I: 0-35% median Income $ 0- 17,255 $ 0 - 431 RANGE I1: 35 - 50% 17.255 - 24.650 431 - 616 RANGE II1:50 - 80% 24,650 - 39,440 616 - 986 Whereas, the Albemarle County Housing Committee has adopted the range of $75,000 to $125,000 as the current affordable "for purchase" housing price range. This range serves households in Income Range II1 of the fifty (50) to eighty (80) percent of median household income. This range will change annually upon the publication of the revised Media~ Household Income Limits by the Department of Housing and Urban Development; and Whereas, the Albemarle County Housing Committee believes that the private market can deliver, without assistance housing units that would serve households in Income Range IV of eighty (80) to one hundred (100) percent of median household income and above; NOW, THEREFORE. BE IT RESOLVED. that the Board of Supervisors of Albemarle County, Virginia, does hereby adopt the foregoing as guidance and assistance in their deliberations and decisions with the residential development community. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, at a regular meeting held on September 2, 1998. / · ~C 0 U~J~SupervisOrs / COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Albemarle Housing Committee's Affordable Housing Definition SUBJECT/PROPOSAL/REQUEST: Recommended Range of "For Sale" Affordable Housing Costs STAFF CONTACT(S): Mr. Tucker, Ms. White, Ms. McDonald BACKGROUND: AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes The March 1995 Housing Committee report to the Board of Supervisors, The Albemarle County Action Plan, identified the need to define affordable housing. There is currently no standard definition of affordable housing in the County development ordinances and plans. DISCUSSION: The Housing Committee began work on the definition in the Fall, 1995 and continued throughout 1996 and 1997. The challenge of this task, to develop a definition that could provide clear and concise guidance and result in the actual production of affordable housing, required several elements. The first element of the definition was to examine a family's ability to pay. Therefore the Committee adopted the definition generally accepted nationally. "Affordable housing is decent and safe housing at a cost that does not exceed 30% of monthly household income" As this definition covered the entire population, the Committee next focused its efforts on who had the greatest need and to whom should limited resources be first directed. This effort resulted in the second element, the development of Targeted Income Groups. Three ranges of income groups were selected: PERCENT OF MEDIAN INCOME ($49,300) ANNUALINCO~E MONTHLY INCOME Available for Housing ~ 30% RANGE I: O- 35% median Income $ 0 - 17,255 $ 0 - 431 RANGE I1: 35 - 50% 17,255 - 24,650 431 - 616 RANGE II1:50 - 80% 24,650 - 39,440 616 - 986 After much discussion the Committee agreed that the private sector could serve families with incomes above 80%of the median without substantial local government support. This second element included the monthly income available to "purchase" housing at 30% of median income. From these numbers, the cost or "affordabili~' of rental housing is available. (Definitional elements one and two were presented to the Board of Supervisors in the February 1998 Housing Committee Report.) AGENDA TITLE: Albemarle Housing Committee's Affordable Housing Definition September Z 1998 Page 2 A third element was required to identify the pdce of "for sale" housing Further the Committee believed that it was realistic only to establish "for sale" prices for families in Income Range 111. (For many reasons, those in the lower two ranges may need affordable housing other than homeownership.) Accordingly, the Committee, after much reseamh, adopted the range of $75,000 to $125,000 for Income Range III as the current annual cost range of affordable "for sale" housing. This range will change annually as the median income is revised. Attached is the formal resolution adopted by the Housing committee at its July 16, 1998 meeting. RECOMMENDATION: It is the recommendation of the Housing Committee that the Board of Supervisors adopt for guidance and assistance in their deliberations and decisions with the residential development community 1.) the general definition of affordable housing, 2.) the three targeted Range of Income groups, as annually amended, and 31 the current annual cost range of "for sale "affordable housing costs. 98.179 RESOLUTION Whereas, the Albemarle Housing Committee has adopted a definition of Affordable Housing, and, Whereas, the Committee also has adopted Three (3) Targeted Household Income Ranges to prioritize for the delivery of affordable housing initiatives, and Whereas, the Committee through the Albemarle Housing Initiative Fund has prioritized Three (3) Program Goals, and Whereas, it remains for the Housing Committee to adopt an annual specific range of Affordable Housing Costs that will assist the Planning Commission and the Board o[ Supervisors ~n their efforts to deliver affordable housing stock through the private development process; Now, therefore the Albemarle Housing Committee adopts the range of $75,000 to $125,000 as the current affordable Ufor purchase[~ housing price range. This range serves households in Income Range III of 50-80% of median household income. This range will change annually upon the publication of the revised Median Household Income Limits by the Department of Housing and Urban Development. Further, the Housing Committee believes that the pdvate market can deliver, without assistance, housing units that would serve households in Income Range IV of 80-100% of median household income and above. Adopted by the Albemarle Housing Committee July 16, 1998 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Telecommunications Consultant Update SUBJECT/PROPOSAL/REQUEST:. Status of RFP 97-23 and RFP 97-24 STAFF CONTACT(S): Messrs. Tucker, Huff, Citimberg, Fritz AGENDA DATE: September 2, 1998 ACTION: CONSENTAGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes Recently the Board of Supervisors approved funding for RFP 97-23. This project involves the hidng of a consultant to assist the County in the preparation of a Wireless Telecommunication Policy. For this project the firm of Kreines and Kreines was selected and the contract has been signed by the vendor and is being returned to the County for our signature. Staff is currently working on the contract for RFP 97-24, which will involve the hiring of a consultant to assist the County in the technical review of individual applications. DISCUSSION: The contract for RFP 97-23 with Kreines and Kmines will provide the County with information which can be used by staff in the preparation of a Wireless Telecommunication Policy. The assistance of an outside consultant is costing the County $72,250. The timt meeting between the County and the consultant and between the consultant and representatives of the wireless industry is scheduled for September 29t~ and 30~. it is anticipated that receipt of the first products from the consultant will occur around the Is~ of January. Completion of the consultant's work is anticipated in March/April 1999. After the consultant has completed all required work, staff witl prepare a Wireless Telecommunication Policy. It is anticipated that a policy will be forwarded to the Board for review in May/June 1999. The work, which will be performed by Kreines and Kreines, includes the following Items: 1. Meet with representatives of the licensed wireless telecommunication providers. 2. Prepare extensive mapping of current service areas and identify potential areas of service. 3. Prepare extensive mapping of current wireless telecommunications facilities and structures capable of accommodating wireless telecommunications facilities. 4. Prepare extensive mapping of resources considered critical to the County to insure their preservation. 5. Develop standards for acceptable levels of wireless telecommunication service. 6. Develop design standards for the construction of new facilities. 7. Provide information on future technologies and how they may impact future service demands and facility needs and how these new technologies may integrate with existing technology and facilities. 8. Meet with staff, elected and appointed officials and the public in order to complete the above objectives. The consultant is not responsible for the preparation of a policy or ordinance. The contract for RFP 97-24 is recommended to be with the tirm of Post. Buckley, Schuh and Jernigan: Inc. This contract will provide the County with independent engineering information which can be used by the County in the review of individual applications for wireless telecommunication facilities. It is intended that this work can be undertaken prior to the completion of the Wireless Telecommunication Policy. However, after the adoption of sucl~ a policy the contents of the policy will be incorporated into the engineering analysis. Currentlythe assistance of an outside engineering consultant is anticipated to cost a minimum of $5,000 per site. Additional cost could be incurred in individual applications if the County requests analysis above the standard level of review that is anticipated to be necessary in all cases. Application fees charged for wireless telecommunication facilities may offset the cost of the consultant. Raising the application fee to offset the cost of the consultant review may be appropriate due to the complexity of the review of these types of applications even though they would be much AGENDA TITLE: Telecommunications Consultant Update September 2, 1998 Page 2 higher than the review fees for other types of special use permits. However, the nature of these wireless facilities is such that staff is unable to address concerns raised by the public and the Board without the assistance of an outside consultant. The work which will be performed by Post, Buckley, Schuh and Jernigan, Inc. for all applications includes the following items: 1. Identification of feasible alternative sites. 2. Identification of alternative antenna and "tower" design. 3. Review and/or preparation of propagation analysis comparing the applicants proposed site to alternative sites or facility design. This above listed work is estimated at $5,000/application by the consultant. When requested by the Coun~ the following additional work could be performed: 1. Review of multiple alternative sites and designs. 2. Preparation of visual simulations which can include seasonal variations in vegetation and lighting as well as multiple observer positions. 3. Public hearing presentations. While negotiations continue, it is anticipated that the contract with Post, Buckley, Schuh and Jernigan, Inc. will be finalized in September and forwarded to the Board for approval in October, however, staff remains concerned about the high expense/fee associated with each application. Any guidance the Board would like to provide regarding the conffact with Post, Buckley, Schuh and Jemigan, Inc. would be welcomed. 98.175 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Final Allocations for interstate, Pdmary, and Urban Highway System- Albemarle County Projects SUBJECT/PROPOSAL/REQUEST: Comparison of FY 1997t98-2002/03 and FY 1998/99-2003/04 Primary Plans STAFF CONTACT¢S~: Messrs. Tucker, Huff, Cilim ber~,B enish,Wade AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes X The FY 1998/99-2003/04 Pdmary Road Allocation Plan has been adopted by lhe Commonwealth Transportation Board. The following information compares the new Plan with the FY 1997/98-2002/03 Plan. The final Primary Road Allocation Plan will not be available from VDOT until mid to late September. Some allocations may change. DISCUSSION: Attachment A is a table comparing planned allocations to Albemarle County on selected projects for the five common years in each plan. The sixteen projects in the table are listed below along with additional comments related to each project. 1. 1-64 Fog Detection System: Affon Mountain fog detection upgrading. 2. 1-64 Rest Area: Rest area sewer upgrade of the rest area near Ivy. 3. Rt. 29: Widening from City line to Rio Road. The project is complete. 4. Rt. 29: Widening from 4 to 6 lanes from Rio Road to S. Fork Rivanna River. The project is complete. The total cost of this project increased by appreximatety $2,000,000. 5. Rt. 29: Widening from S. Fork Rivanna to Airport Road. The project is in the preliminary engineering stage with VDOT. Funding for this project over the five common years has decreased by approximately $5,800,000. The total project cost has increased ~)y close to $7,000,000. 6. Rt. 29: Bridge replacement at S. Fork Rivanna River. Project total cost increased by approx. $1,000,000. 7. Western Bypass- Total cost increased slightly from $168,428,000 to $168,472,000. Over the five common years the total allocation to this project did not increase. 8. Rt. 29: Access management study from Airport Road to Greene County line. The funding is for preliminary engineering only. g. Rt. 29: Improvement to vertical alignment near Rout 641. 10. Rt. 29: Bridge replacement at South Fork Hardware River Isouthbound lane). 11. Rt. 20: Bridge replacement at Hardware River (Carter's Bridge). 12. Rt. 20: Widening to four lanes from Rt. 53 to Mill Creek Drive. Preliminary engineering only. AGENDA TITLE: Final Allocations for Interstate, Primary, and Urban Highway System- Albemarle County Projects September 2, 1998 Page 2 13. Rt. 250: Intemection improvement at Route 809. 14. Rt. 250: Connector mad to UVA(four lanes divided). Preliminary engineering only. 15. Rt. 631: Widen shoulders to improve horizontal alignment, construct turning lanes and install a guardrail, Although this is a secondary mad. it is receiving hazard elimination safety improvement funding. The funding for this program is based in the primary system. 16. Rt. 682: Install flashing light and gate 0.23 miles south of Rt. 250. Although this is a secondary mad, it is receiving hazard elimination safety improvement funding. The funding for this program is based in the primary system. Sixteen Albemarle County projects were listed to receive $50.710 in funding over the FY 1998-2003 period (five common years of both plans) in the 1997-2003 Plan. Sixteen projects are listed to receive $50,296,000 in funding over the same five years in the 1998-2004 Plan. Three projects were added to this year's Primary Plan final allocation: Rt. 29 Bypass: Complete third lane northbound and southbound from 1~4to Fontaine Avenue. $185,000 Rt. 53: Bridge replacement over Buck Island Creek. $1,000,000 Rt. 22: Realign intersection at Route 250. $440,000 RECOMMENDATION: Provided for information only. 98.183 COMPARISON OF FY '1997-2003 AND FY 1998:2004 FINAL ALLOCATION PLANS FISCAL YEAR FUNDING PER EACH PLAN (IN THOUSANDS OF DOLLARS) FY 98-99 FY 99-00 FY 00-01 FY 01-02 FY 02-03 TOTAL- over .~J TOT PROGRAM 5 yr period From PROJECT COST ELEMENT 67-03 98-04 97-03 98-04 97-03 98-04 97-03 98-04 97-03 98-04 97-03 96-04 )7-03 t PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN PLAN 98-04 97-03 96-04 J-64: Upgrade 29 -- 6 Fog Detection 00 8 ......... 9 0 ,696 System Sewer at 561 .... 1,561 281 3,547 Rest Area 3 NCL to Rio Road 0 7 -. - 2,710 (75) (1) ' - Rio Road to 985 776 600 ..... 2,961 1,976 11,496 S. Fork Rivanna - (1) S. Fork PJvanna 213 1,1 3, to Airport Road 198 (5,794) Replacement 602 1,000 2,1 1,06 00 5,6 ' 890 29: Bypass 3,747 4,080 4,360 8,510 10,000 30,697 0 68,472 29: Albemarle Accbss Mgmt (2) 100 ..... ~ ............... 100 0 200 Study-Ah~ort-GCL J~ ~ ~ 29;Improvevertical 13 ~ 943 nearRte. 641 ~ ~ ~ ~ ~ ~alignment on SBL 300 243 ............... 543 29: Bridge ~ 810 Replagemect over .............................. 0 20: Widen to four lanes near Rte. 53 100 .................... 100 250: Realign east 1 581 intersection near ' 215 431 RouteS09 ~ ~ 216 ~ connector road ......... (2) ........... lights682: Flasblngarld gates ~-----~ ..... ~ ..... ~ ..... ~ ..... ~ ..... 0 ~ 67 1) Project com~: eted (2) Preliminary engineering only. ( ) Negative number. Ella Carey From: Sent: To: Cc: Subject: Bob Tucker Wednesday, August 12, 1998 10:12 AM Charlotte Humphris Ella Carey; Wayne Cilimberg; David Benish: Juandiego Wade FW: Item 5.9. Consent Agenda CHARLOTTE: BELOW IS WAYNE AND JUAN'S RESPONSE TO YOUR NOTES REGARDING THE CHART FOR TRANSPORTATION FUNDING COMPARISONS. HOPEFULLY ELLA CAN "'PULL IT" BEFORE TONIGHT'S MTG. AND IT WILL BE REWORKED FOR THE SEPT. MTG. THANKS BOB ROBERT W. TUCKER JR COUNTY EXECUTIVE ..... Original Message From: Wayne C|limberg Sent: Tuesday, August 11.1998 'J 1:40 PM To: Bob Tucker Cc: David Benish · Subject: FW: Item &9, Consent Agenda Juan looked at the items Charlotte noted and confirmed the errors as he references in the e-mail below. Obviously .h,e feeJs very bad about this and realizes it was a poor result., I would recommend this be pulled from Wednesday night s agenda. We wJJt correct and send this back for the Board s September day meeting. ..... Original Message .... Fromr Juandiego Wade Sent: Tuesday, August 11. 1998 10:34 PM To: Wayne Cilimberg Subject: FW: Item 5.9. Consent Agenda Wayne, response to Ch'adotte's comments. 1. The numbers were ~nverted. 2-4. The wrong years were considered for this years comparison. I am sorry for the mix up. There is no excuse. I recommend we give them a revised comparison in September when we get the final improvement program from VDOT. 5-6. We can make these modification in the revised comparison. .... OdginaJ Message ..... From: Chadoffe HumDhris Sent: Tuesday, August 11 19985:5'1 PM To: Bob Tucker Cc: Rick Huff; Wayne Cilirnberg; David Benish; Juandiego Wade Subject: Item 5.9 Consent Agenda RE: Consent Agenda Item 5.9 - COMPARISON OF 1997/98 - 2002/03 AND FY 1998/99 - 2003/04 Final Allocations ... Albemarle County Projects BOB: Here are my comments on this consent agenda item. If I'm wrong, please let me know. There appear m me m be some problems with the chart for the 'five common years' comparison. 1.) Project 1 (Upgrade Fog Detection System 1-64) and Project 2, (Upgrade Sewer 1-64 Rest Area 3): In the 98-04 Plan, allocations are reversed between these two projects. 2.) All projects in the FY 97-03 Plan: First column should show' allocations for FY 98-99 from the FY 97-03 Plan. Instead, it shows allocations for FY 97-98 Iwhich is not one of the 'five common years') fi'om the FY 97 -03 Plan. 3.) All projects in the FY 97-03 Plan: Having started with an incorrect year, as described in (2) above, all the following columns for the FY 97-03 Plan are likewise in error. 4.) As a result, most of the column totals involving FY 97-03 Plan are incorrect, making individual project comparisons to the FY 98 - 04 Plan also incorrect. 5.) For a really informative comparison, an additional two coltmms showing the projected construction start date or status of construction should be provided. We need to know what has changed, not just m dollars, but also in status. 6.) The shadin~ on the chart needs to be reduced in intensity - numbers are too difficult to read. Charlotte Humphds 109 Falcon Drive Charlottesville, VA 22901-2035 chumDhrJ@albemarle.org Building Code Information 804 296-5832 CO ~UNTY OF AL.BEi%~RI F Department of Building Code and Zoning Services 401 M¢tntire Road Room 223 Charlottesville 'v~rginia 22902m,596 FAX 804! 972-4t26 TTE (804/ ~72-4012 BOA~ O~ SUPERVISORS Zoning Information 8041 296-5875 August 20. 1998 Mr. Dc n Franco P.O. Box 5207 Charlottesville, Virginia 22905 RE: Tax Map 31, Parcel 26 Official Determination )f Zoning part PRD and part RA Dear Don: This letter is a response to your request to review the 1979 rezoning file and make an official determination on The above referenced parcel. This letter serves to take a position and offer a written determinanon on the zoning )f that parcel, which currently appears on the County's official zoning map secnon 31 tc be zoned entirely PRD. Planned Residential Development. In researching this determination, I have reviewed the following: o information in the lite, ZMA 79-21 in the Department of Planning and Community Development: - the minutes of the Planning Commission on July 24. 1979: o the minutes of the meeting of the Board of Supervisors on August 15, 1979; the Comprehensive Plan recommendations au the nme: and. the official zoning map adopted by the Board of Supervisors on December 10, t980 It is my opinion that the zoning on tax map 31 parcel 26 is split between PRD, Planned Residential Development on 110.43+_ acres, and RA, Rural Areas on 36.37+_ acres, There was a clerical error in applying the zoning onto the zoning map initially. Since the property was never developed, the error was not noticed until recently when the property was listed for sale. With various individuals and real estate agents researching the files, the error was discovered and will now be corrected if this determination is nov c verruled. The official zoning map, adopted by the Board of Supervisors on December 10. 1980. that has been retained in the clerk's office_ shows PRD zoning on the whole parcel. However. the rezoning applicanon only requested the planned development designation on 140 acres. The plat for parcel 26 in the file showed that it alone was 146.8 acres. When combined with the other parcels suk ~c[ to ZMA 7%21, the acreage totaled 176.37. There was also a proposed plat in the file indicating the 36.37 acres that were to remain as the "farm parcel." In addition, the application plan shows the farm parcel as a separate ennty, not included in the lots, roads or open Deter/;~inatio~ of Zo~i~zg TMP3 J-26 Page 2 August 20, 1998 space. The letter stating the Board )f Supervisors' action, includes three conditions which support my conclusion. Condition 1 states, "Approval is for a maximum of 66 lots." There were 66 lots shown on the plan while the farm tract was shown outside the boundary of the lots and open space. Condition 11 states that, "Access easement be granted over the farmland parcel for the use of lots 32 through 66 prior to final approval." Finally, Condition 12 states. "Provide boundary survey showing no more than 140 acres." Ali of these things convince me that only the 140 acres shown in lots, roads and open space were rezoned to RPN, Residential Planned Neighborhood in t979 rand subsequently to PRD in 1980.' The thirty-six acres of farm area should have been le~t Al, Agricultural. and would have then been converted to RA, Rural Areas zoning in 1980. (The policy dictating the 1980 zoning map conver~ed A1 zoning on farmland outside of designated growth areas ro RA. Rural Areas zoning on those 36+ acres means that there is the potential for a total of six 5) tots five 5/development right tots iminimum of two acres each and one (i) additional lot which must be a minimum of 21 acres. This determination will revise tax map section 31. parcel 26 to reflect what is shown on the approved application plan in ZMA 79-21-- 140 acres zoned PRD and 36.37 acres zoned If yon are aggrieved by this determination, you have the right to appeal it within thirty 30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virgima. If you do wot file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. If this determination is not appealed within 30 days. the Count), will correct the 600-£oot scale zoning map of Section 31 and will keep this written determination in our zoning files as well as a copy in the file for ZMA 79-21. If you have any questions or comments, >r need additional information, please call me. Sincerely, lanlce D. Sprinkle Deputy Zoning Administrator CC: Teledyne Industries Inc Owner/ Reading File, TMP3 t-26 ZMA 7%21 file Ella Carey, Clerk to the Board of Supervisors Tex Weaver, Senior Planner Robert W. Tucker, Jr., County Executive DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION 1601 ORANGE ROAD CULPEPER, VA 22701-3819 COUN;TY OF ALBEMARLE EX'~CUTIVE OFF~GF. DONALD R. ASKEW DISTRICT ADMINISTRATOR August 20, 1998 Mr. Robert W. Tucker, Jr: County Executive 401 Mclntire Road Charlottesville, VA 22902-4596 Route 29 Pedestrian Study Fr: Barracks Road To: Airport Road (Route 64~) City of Charlottesville and Albemarle County Dear Mr. Tucker: A Public Workshop, will be held for the above mentioned project on Thursday, September 10, 1998 between 7:00 p.m. and 9:00 p.m. in the Senior Center located at 1180 Pepsi Place (off of Crreenbtier Drive east of Route 29) in Albemarle County, Virginia. This is the second in a series of tb2ee workshops designed to examine ways ro improve walking conditions along Seminole Trail and Emmet Street (Route 29 north from Barracks Broad m Airport Road) and we need your input! A copy of the Public Notice is attached. wlr attachment pc: Robert H. Connock, Jr., P.E. District Construction Engineer Ms. A. G. Tucker Mr. M. W. Coffey ~OARD 0~. SUPERVISORS ~b TRANSPORTATION FOR THE 21ST CENTURY Thursday, Septem~ I0, 1~ * * ~ 7:0~m ~d ~:OOpm To ~ held at ~e S~ior C~t~ l~t~ at 1180 P~ P~ (offG~bfi~ ~ve ~t of Rou~ 29) ~arle Co~, jmt no~ of ~e Ci~ of C~lo~vi~e. ~s ~ ~e s~d ~ a s~ of~w~h~s ~i~ to e~e way to ~prove walking con~fions ~flong S~ole Tr~ ~d E~ S~ ~ome 29 n~ ~m B~c~ R~ to ~ R~d) ~d we n~ yo~ ~ut! We w~ to h~ Vo~ id~ about ~ ~dor. ~ou~ ~oup &~ussi~ ~d ~i~ we ~pmv~t id~ m~ ~ ~pl~t~. C~ m A~ We e~ ~ pl~ eff~e wor~h~ ~siom ~we Mve ~ appro~te co~ of ~ose who pl~ to a~& ff you ~h T~m~ Je~ ~nni~ Db~ Commi~q~n Telep~ne: (8~) ~9-7310 - F~: ~97~15~ - E-~: T~D~STA~.VA.US : ::: 6ARI5 F'SUPERVI'$ORS DEPARTMENT OF EDUCATION P. O. BOX 2120 RZC~OND~ VZRGZNZ~ 2323.8-2120 SUPTS. MEMO. NO. Aup~/st ?, 1998 TO: FROM: SUBJECT: It is cru, funding apl Code of VJ virginia, a must follo~ sufficient Attachment In ~rder t required by must comptel 1998. Plea~ use in com~ to be retur ;ivision Superintendents ~aul D. Stapleton ;uperintendent of Public Instruction ~ertificat%on. of Adequate Budgeted ~et the Required'Local Expenditure ~osts Funds in 1998-99 to for Basic Operations .al that school divisions monitor the level of local ropr~ated to ensure compliance with Section 22.1-94, =ginia. Please note that Section 22.1-97, Code or [dresses the procedure that the Department of Education r if a county, city, or town fails to appropr%ate local funding to support the Standards of Quality. is a copy of the referenced Code Sections. o avoid the necessity of initiating the procedures section 22.1-97, Code of Virginia, each school division e and return Attachment B, pages 1 and 2 by August 28, e note that Attachment C is only a worksheet for you to 1ting the Required Local Expenditure and does no% have ed. In completing Attachment B, it would'be useful to prepare a p~ospective .Annual School Report form for 1998-99, based on budgeted[data. The report should be sent to Ms. Doris B. West, S~nior Budget Analyst of the Budget Office, P. O. Box 2120, R~chm~d, Virginia 23216-2120. i SUPerintendents Of school divisions, who~e local appropriations are onl~ sligh~%y in excess of the required amount, a-re-requested to revle~i~ve=age daily membership (ADM) totals monthly. These superintendents _must request additional local funding from .the g~verning b~dy for any necessary adjustments that result from an unhu~geted i~orease inA DM that would reduce local funds below the required level, copies of all supplemental amnronriations ~esultlng from these requests should be furnis'~ed' to the uepartment. SUPTS. MEMO. NO. Page 2 August ?, 1998 6 Pt ease note that the Appropriations Act states that in 1998-99 local school divisions are required to spend 100 percent of the required local expenditure for Basic Aid including Education of the Gifted, Vocational Ed-SOQ, Special Ed-SOQ, Remedial Education, Fringe Benefits, and Textbooks. In order to receive state funds for Salary Supplement, Maintenance Supplement, At-Risk, Additional Teachers, Primary class Size, Truancy, At-Risk Four Year 01ds, Early Reading Intervention, School Health Incentive, SOL Instructional Materials, SOL Remediation, and AVID the local effo~ must be met. School divisions are also required to provide a local match of fo~y percent for Dropout Prevention Questions may be addressed to Ms. Doris West at (804} 225-2091. PDS/dw Attachments Attachment A § 22.1-9 &ppropria~ions by county, ~i~ o~ ~own gov. e.z~.ing body for publ~ ~ schools.-A ~overnin~ body may make appropriations to a s~ool ~rd from the f~ds d~ived from local levies and from any other fuJ%ds available, for operation, capital outlay and debt service n ~e public schools. ~ch appropriations shall be aintainl~g ~ edu~tional p~ meetln~ ~e st~s of ~alzty for the ~everal school diVlsaons prescribed as provided by law. The amount appropriated by ~e g~ing ~y for p~bl~c ~chools shall relate ~ its total only or to su~ ~or classifications as may ~ p~escribed by the Board of Education'.' ~e ~ppropriations ~ ~ ~4e on ~e s~e peri,it basis as ~e ~ov~ing ~y m~es appropria~ion, to other departments and agencies. ~ 22.1--]97~ Proced~e if =o~t~, cit~ ~r to~ fails.to appropriate suffic~en~ education f~ds.-~enever ~e governing ~ody of a county, ¢ity or to~ fails or refuses ~ appropriate f~ds ~fficient to provide ~at potion o~ ~ cost appo~loned ~o ~ch county, city or to~ by law for maintaining ~ education meeting tile standards of ~ality for ~e several ~chool divisions: prescribe[ as provided by iaw, the Board of ~uca~ion shall notify ~he Atton%ey General of such failure or r~fusal in ~iting sign~ by the pr ~ident of the Board. UpOn receipt of suc~ notification it shall ] in ~e circuit court for mandamus forthwith The and the gc court may, to be made ~ the duty of the Attorney General to file the county, city or town a petition for a writ of directing and requiring such governing body to make ~uch appropriation as is required by law. ~tition shall be in the name of the Board of Education. verning body shall be made a party defendant thereto. The in its discretion, cause such other officers or persons parties defendant as it may deem proper. The employment without c~sts as the court may determine. The order of the cour= .s~.all be f~nal upon entry. Any appeal therefrom shall be heard and disposed o~ promptly by the Supreme Court next after habeas corpus cas~s alr~ on tl~e ~ocket. and compensation of an attorney or attorneys for any ~a~ty defendant.not otherwise represented by counsel. The petit:ion shall be Riven first priority on the docket of such court and shall be hear~ e~peditiously in accordance with the procedures prescribed in article 2 of ~hapter 25 ($ ~.01-644 et seq.) of Title 8.01 of the Code~fVirginia and the Writ of mandamus shall beawarded or denied according to the law and facts of the case and with or Division (Figures items on' 1. Tota~ 2. Excll REQUIRED LOC~L ~XPENDITURRS 1998-99 ~hould be estimated for 1998-99. ~e 1997-98 Annual School Report.) Expenditures (Page 29) Lded Expenditures Attachment B Page numbers refer to a. Capital Outlay * b. Facilities (Page 28) c. Debt Service d. Sum of 2a,2b and 2c 3. Expe~, (Line 4. Exclu 5. Excll 6. Exclu a. b. C. d. e. 7. Net L (Line 8. Adjus 9. Unadj ditures for Operation 1 less line 2dj ded State Funds Sales Tax (Page 1) State Funds (Page 3) Sum of 4a and 4b ded Federal Funds (Page 5) ded Other Funds (Page 7) ~as Tax Refunds tuition from another county or city Payments from another county or city Payments from other State agencies Sum of 6a through 6d ocal Expenditures for 3 less line 4, 5, 6) ted ADM LstedADM ~Capital .O~tlay should be amount reflected on Annual School Repor~ d~r objet:t 8200 on page 9 - 26. Attachment B Page 2 CERTIFI~%TION I hereby :ertify that the information in Attachment B is true and accurate :o the best of my knowledge. Divisio ~ Superintendent Contact Person Date Telephone Number Division 002 FORMULA Section I: 1. Basic Aid, Sata~ Social Security, Materials Per P~ 2. Adjusted ADM 3. Sales Tax (Regu] dated 4. Composite Index 5. Required Local ~ Section II: 1. Vocational, Spec 2. UnadjusuedADM 3. Composite Index 4. Required Local 5 Section III: 1. Noninstructiona. 2. Composite Index 3. Required Local Section IV: !. At Risk 2. Primary Class Si 3. Remediation 4. Early Reading Int 5, At Risk Four Yea~ 6. Truancy 7. Dropout Preventi¢ 8. Additional Teach~ 9. Health Incentive 10. AVID LLBEMARLE COMPUTE REQUIRED LOCAL EXPENDITURE FOR Attachment B 1998-99 y Supplement, Gifted, Retirement, Textbooks, Maintenance, SOL pil Amounts ~uory SUpts. Memo. No.3, xpenditure 3,914.59 X - 6,794,952 X .6233 ial, and Remedial xpenditure Per Pupil Amounts 535 X X .6233 Retirement and Social Security cpenditure X 155,350 · 6233 96,830 ervention Olds rs 137,347 522,720 95,208 37,365 198,584 0 0 104,967 10;935 0 Total Requ~r d Local Expenditure (Section I, I, III, IV) ABG -~:iNANCIAL SERVICES. INC. August10_1998 ~C Box8 GHURCHVILLE MARYLAND 21028 a10-879-9918 FAX 410-838-5360 Ms. Arlene Hemandez Assistant Treasurer The Bank ofNew York 0~-13-~'~/~ ~ :0F i01 Barclay Street, 21W New York. New York 10286 Re: Arbor Crest Apartments (Hydraulic Road Apts.) Dear Ms Hemandez: Enclosed please find a copy of the Bond Program Report for the above referenced project for the month of July 1998 If you have any questions, please de not hesitate to call me. Sincerely, Project Monitor /shm enclosure cc: Ms. Ella W. Carey, Clerk, CMC Albemarle County Board of Supenasors 401 Mclntire Road Charlottesville. VA 22902-4596 BOARD OF SUPERVISORS Effective July 31, 1998 MONTHLY REPORT PURSUANT TO SECTION 7 (a) OF T~E Da~u INSTRUCTIONS TO: Financial Services, Inc. Box 8 C~rohville, ~D 21028 Arbor Crest Apartments (Hydraulic Road Apts. ) Charlottesville, VA 21202 Pu~s~%nt to Section 7(a)of the Deed Rezt~ictions (the ,,D~W~ P~est=ictions"), as defined in an Indenture of T~ST ~T~ ~ OF ~ril 1, 1983, betwe~ ~e Indus~ial ~velop~t Au~ority of ~b~m~Tle Co~ty, Vir~a (~e rep~s~tative of ~c~ -~b~rle Li~t~ Par~ers~p, a Virginia ~ted Partners~p (~e "P~o~ser"), her~y certifies wi~ Tespeot to ~e operation ~d ~ag~t of Hy~a~ic ~ad ~ts, ~rlottesville, VA (T~ "PRO~") , t~t as of ~e date sho~ below: 1) 3) 4) 5) 6) The number of units in the Project occupied by lower income tenants is 15. The D,~m~er of units in the Project unoccupied and held available for Lower Income Tenants is 0. T}~ ~mher of units rented and the number of units held available for r~tal other than as described i~ (1) and (2) is 5--1. The percentage that the number of units described in (1) and (2) hereof constitute of the total number of un~ts in the Project is 23%. The information contained in this report is true, accurate and Correct as of the date hereof As of the date hereof · the Purchaser is not in default under any covenant or a~ee~ent contained in the De~d Restriction or in an Agreement of Sale dated as Of April 1, 1983, between the ~thority and the Purchaser. IN WIT~SS WfIEREOF, the undersigned has signed this report es of _August 5, 1998 RIC~H~OND -ALBE~t~LE LIMITED PARTNERSHIP, k VIRGINIA limited partnership AUTHRO I ZED REPP~SENTAT IVE BOND PROGRAM REPORT Property: Location: Arbor Crest Apartments (Hydraulic Road Apts.) Charlottesville, VA Project #: 051-35371 Number of Units: 66 Submitted by: Loretta Wyatt, Community Director August 5, 1998 Effective 7/31198 (Date) Total Occupied: 66 Bond Occupied: 15 LOWER INCOME The follow~ng units have been designated as "lower income" units 1 4 Arbor Crest Ddve Beverly T. Lane 2 6 Arbor Crest Drive Wilma M. Atkinson 3 7 Arbor Crest Drive Ruth M, Jones 4 9 Arbor Crest Ddve Virginia Burton ~. 5 14 Arbor Crest Drive LennieP. Leake~_[~ ~ 6 18 Arbor Crest Drive Ann S. Kemp 7. 30 Arbor Crest Drive Mary Cox Allen ,x. 8. 44 Arbor Crest Ddve Carotynn Atherton ~C~¢y~ ~3 ~.~-~% 9 56 Arbor Crest Drive Helyn E.O'Boyle 10. 70 Arbor Crest Drive Ernest M. Nease 11 76 Arbor Crest Ddve Ann G. Saylor 12. 84 Arbor Crest Drive Juanita Boliek 13, 88 Arbor Crest Drive Nancy G. Foley 14. 90 Arbor Crest Drive Betty B. Elliott 15. 94 Arbor Crest Drive M. Eileen Knick 16. 17. t8. 19. 20. The changes from previous report reflected in the above listing are: Deletions 1 '- --,--- ~; - -- - .~d 1 2 44 A~L~ C~;. D, iw ,.q~,~-, D~ceese~ 2 3 3 4 4 5 5 Additions COUNTY OF ALBEMARLE EXECUTIVE SUMMARY BO _PJ) OF SuPBR¥ SORS AGENDA TITLE: Compensation and Benefit Survey Project SUBJECT/PROPOSAL/REQUEST: Informational item regarding compensation and benefit study, STAFF CONTACT~S): Messrs. Tucker, Huff, Thompson AGENDA DATE: September 2, 1998 ACTION: ITEM NUMBER: INFORMATION: REVIEWED BY: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No BACKG ROUND: In FY 95/96, the School Division and Local Govemment contracted with Chades Hendricks & Associates to conduct a salary study for the two entities. Based on this study, revised salary structure for teachers and classified/administrative employees was implemented. This structure has been in place since July 1, 1996. Since that time, a major update of the market data from the Henddcks study has not occurred, in addition, the Henddcks study did not address issues related to benefits, an area which generated a great deal of discussion dudng the FY 98/99 budget process. Further, the salary competitiveness of a number of positions such as technology support positions, bus drivers, oustodians and other classified positions has been raised and discussed at various times dudng the past several years. In light of all these factors, an update of the Hendricks study and collection of data on benefits would be extremely beneficial as we approach the 1999/2000 budget season. School Division and Local Govemment staff'are recommending that the updating of salary data from the Henddcks study and data collection on employee benefits for both the public and private sector in the region be out-sourced to allow time in the Human Resources Department to be focused on other essential areas and to provide an unbiased, external perspective. It is intended that this process would be completed in time so that the data compiled can be used to develop a rationale for a compensation proposal for the FY 1999/2000 budget to be presented at a joint Board of Supervisors' meeting in early November, 1998. Funds for this project estimated to total approximately $12,000 will be secured from salary lapse money left over in the Human Resources budget from last fiscal year and will be requested to be carried over to complete the project. RECOMMENDATION: This information is presented for the Board's information and comment. If there ara no concerns from the Board, staff will proceed to engage an independent review as outlined above. 98.169 Members. Board of Supervisors Ella Washington Carey, CMC. Clerk Reading List for Seotember 2. 1998 August 28. 998 March 13(A), 995 Seoternber 4. 1996 December 4. 1996 February 9. 997 May 6, 998 Mr. MartiP pages I - 29 (Item # 10) - Mr. Perkins 0ages 29 (Item # 10) - end - Ms. HumDhris 0ages - 20 1 tern #9) - Ms. Thomas Mr. Bowerman Mr. Marsna .une 0,1998 oages I - 20 - Mr. Marsha ~ages 2 - eno - Ms. Thomas /ewe DAVID R. GEHR DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLO~FTESVILLE 22911 A.G. TUCKER RESIDENT ENGINEER August 28, 1998 Board of Supervisors Meeting August 5, 1998 Ms, Ella W. CareT, Clerk Board of Supervisors 401 Mclntire Road Ck~rlottesville, VA 22902 Dear Ms. CareT: We offer the following comments regarding transportation mat~ers that were discussed at the August 5~ Board meeting: Please find attached additional information related to the Pave in Place program. At the August 5~ Board meeting, we discussed Route 707 and the potential to pave this in.place as early as next summer. The Board requested that we consider ail roads eligible fo[ pave in place applications in order to assess Route 707's priority. As you will note, in mid-i996, we forwarded a list of those gravel roads that met the pave in place criteria of traffic volumes (50 - 250 ), road length (1 mile or less) and are dead end travelways. This list contained twenty nine (29) roads. The current Pave in Place program allows for improving gmveI roads with traffic volumes between 50 - 750 vpd and does not specify a minimum length nor that the road dead end. Under this criteria, all but approximately twenty (20) of the 220 + miles of gtaveI roads throughout the County are preliminarily eligible. Ultimately, our office would need to review each road in the field in order to assess whether the horizontal and vertical geometry lends itself to improving the road within a 30' easement. It is not feasible to proactively review every gravel road for its eligibility for the Pave in Place program. We suggest that as gravel roads are added to the Six Year Plan priority list, they be assessed for Pave in Place. If theT meet the criteria, the road could potentially be given a high priority on the Second Six Year Plan because no additional right of way wo(~Id be required. We should continue to weigh the priority of the pave in ptace projects against those projects currently in the Six Year Plan with dedicated rights of way. Our suggestion at this time is to include Route 707 as a priority for improvement under pave in place guidelines after those projects in the SLx Year Plan that have all right of way dedicated. I will discuss this matter in more detali at the next Board meeting. TRANSPORTATION FOR THE 21ST CENTURY - 2 - August 28, 1998 Ms. Ella Carey Board of Supervisors Meeting August 5. 1998 · The Department is pursuing coordination with the City of all signals along the Route 29 Corridor, however, additional funds are likely needed to install conduits and modify hardware. We will keep the Board apprised of any progress. · We have contacted Mr. Anthony Hamilton-Little regarding a driveway pipe installation. Arrangements to instaI1 this culvert have been satisfactorily completed. If there are any questions, [ will be avaiiable to discuss them at the next Board meeting on September 2, 1998. Sincerely, AGT/smk Attachments Cc: J. s. I-lores August 13, 1996 "Pave in Place" Program Route 806 ~s. Marilyn Lawson 44! Es~es Ridge Dyke, VA 22935 Dear Lawson: Thank you for your recent inquiry regarding the Department's "Pave in Place" Program. The "Pave in Place" Program applies to existing unpaved roads that carry 50 or more vehicles per day and will carry no more than 250 vehicles per day after ultimate development. Most of these roads will be dead end roads of less than one mile in length. Short loop roads that are fully developed may also qualify. "Pave in Place" projects must address safety issues and meet the 1996 Pavement Design Guide for Secondary Roads. The intent of this initiative is to "pave the road in place" utilizing the existing prescriptive right of way (30' wide; 15' each side of roadway centerline). No additional right of way may be needed unless it is absolutely necessary to correct an existing safety defect. Attached please reference a list of counuy roads which meet the program's general criteria and thus may be eligible as a future projecE. The Secondary Six Year Plan is based upon a list of prioritized transportation improvement needs assessed annually by the County Board of Supervisors. The Plan revisions generally occur in the late fall of every year. Any projec=s developed through this program mus~ be included in the Counuy's Secondary Six Year Plan. By copy of this letter, we are advising the County Planning Staff of your interesz in order that any eligible projec= be prioritized with all other ~ransportation improvement needs. ~f~--you-~ve-any-ques=ions-or-need -additional information, please contac~c~this office. Sincerely, AGT/smk attachment cc: Wayne Cilimberg A. G. Tucker Gravel Roads - Albemarle County (50 -250 VPD-Less than 1:0 Mi,) (Updated Route From To Len, Wid, ADT 639 Route 615 Dead End 0,80 8 58 647 Route 22 Dead End 0,80 10 187 655 Route 712 Dead End 0.15 15 79 661 Route 660 Dead End 0,90 10 79 666 Route 664 Dead End 0,80 14 187 685 Route 616 , Dead End 0.40 10 64 695 Route 693 Dead End 0,30 12 125 700 Route 600 Dead end 0,40 10 116 703 Route 715 I Dead End 0,70 12 135 707 Route 691 Dead End 0,35 12 65 720 I Route 20 Dead End 0.63 10 161 734 Route 1807 Dead End 0,80 8 55 736 W. Route 636 Dead. End 0.55 10 148 748 Route 833 Dead End 0,50 16 78 751 {oute 240 Route 250 0,16 10 58 754 {oute 767 Dead End 0,19 20 87 762 Route 732 I Dead End 0.80 12 108 764 Route '1538 I Dead End 0,94 8 95 766 Route 814 Dead End 0,82 8 118 778 Route 712 Dead End 0.30 16 73 792 Route 719 Dead End 0,35 10 66 805 Route 29 Dead 'End 0,26 8 58 806 Route 663 Dead End 0,38 10 97 816 Route 1445 Dead End ~ .... 0~.3~1~ ~i0- 6~~ -~ 817 Route 604 Dead End 0,40 8 115 826 Route 627 Dead End 0.45 12 155 838 Route 29 Dead End 0,60 10 55 842 Route 616 Dead End 0,30 20 95 1210 Route 691 Dead End 0,13 16 64 DAVID R. GEHR COMMON rEALTH of VIR( /N/A DEPARTMENT OF TRANSPORTATION 1401 EAflT BROAD STREET RICHMOND. 23219-1939 August 8, 1997 JAMES S. GIVENS Boards of Supervisors of Ail Counties and the Council of the City of Suffolk Code of Virginia Section 33.1-70.1 Amended Ladies and Gentlemen: The 1997 General Assembly amended Section 33.1-70.t of the Code of Virginia to allow the paving of unpaved secondary roads carrying over fifty but no more than 750 vehicles per day on a right of way of less than forty feet subject to certain condi- tions. Briefly, the Drocess for initiating the paving of a road within existing right of way is as follows: The county will consult with the resident engineer to evaluate the project for paving within the existing right of way. (This consultation to include his/her review and recommendation as to the viability of using this procedure.) II. Based on the resident engineer's recommendation the local governing body shall, by resolution, reqn/est that the particular road be hardsurfaced on less than a forty foot right of way. (A sample resolution is enclosed.) III. The Commonwealth Transportation Commissioner may approve the request after having taken into considera- tion the following: A. The safety of the road in its current condition B. The views of the residents and adjacent property owners or those served by such road. C. The views of the governing body making the request. WE KEEP ViRGINiA MOVING The historical and aesthetic significance of the road and its general surroundings.: The availability of any additional land that has been or may be acquired by gift or other means for the purpose of paving such road within its existing right of way or within a wider right of way that is less than forty feet wide. F. The possible impacts upon the environment. This legislation provides flexibility in hardsurfacing some of our unpaved roads. However, safety must be our first conside- ration and for this reason paving within existing right of way may be limited in use. Should you elect to pursue the hardsur- facing of a road ,.under this provision, ~ur local resident engineer can provide you with any needed assistance. Sincerely, /James $. Givens Secondary Roads Engineer pc: Mr. David R. Gehr Mr. James G. Browder, Jr. Mr. James W. Atwe!l Mr. Claude D. Garver, Jr. District Administrators District Construction Engineers Resident Engineers Commonwealth Transportation Board Members Sample Resolution WHEREAS, the 1997 Session of the Virginia General Assembly amended and re-enacted Section 33.1-70.1 of the Code of Virginia relating to the paving of certain secondary roads, and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transpor=ation (VDOT) to consider the hardsurfacing of any secondary road meeting the criteria prescribed by this statute, and WHEREAS, Route current six-year pla~ the county, and between and for improvements to the is included in the secondary system WHEREAS, this Board has requested VDOT's Resident Engineer review this section of road to determine if it is a vzable candidate for hardsurfaqing under the provisions of this statute. and WHEREAS, the Resident Engineer has determined that this road is eligible for paving under this statute. BE IT THEREFORE RESOLVED, the County Board of Supervisors hereby requests that the Department of Transportation hardsurface this road in accordance with the provisions of Section 33.1-70.1 of the Code of Virginia and the related POlicies of that agency. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to =he Resident Engineer of the Virgzn~a Department of Transportation. David P. I~ Ch~l~lie Y. Humphris F-om~ R. Marshall, Jr. COUNTY OF aIJ~EMa~I F Office of Board of Supervisors 401 Mclntire Road Charlotiesville,, V~ginia 22902-4596 (804) 296-5843 FAX (804} 296-5800 September 14, 1998 Charles S. Martin Walt~r F. Pe~in~ ~ally H. T~omas Ms. Angela G. Tucker Resident Engineer 701 VDOT Way Charlottesville, VA 22911 Dear Ms. Tucker: At its meeting on September 2. 1998, the Board of Supervisors made the following comments regarding transportation matters: Item No. 5.7. Adopt Resolution to take Monticello High School Connector Road (RIP-88- 002) into the State Secondary System of Highways. ADOPTED attached resolution. Agenda Item No, 7. Transportation Matters. Item No. 7a. Presentation: Pave-in~Place Program. Received. You said requests ,for this program should be referred, to your office. VDOT will make a determination on whether the road qualifies for Pave-In-Place. and notify the Board officially in writing. If the Board chooses, the road can then be added to the Six Year Plan. Item No. 7b. Other Transportation Matters. Mr. Perkins asked VDOT to look at the railroad crossing west of ConAgra which is being used by ConAgra. a church and six or seven homes. He has been asked to see if the State will take it into the Highway System. Mr. Perkins asked about VDOT's policy for setting speed limits at a lower speed on rural roads. He asked that you take at the speed limit on Miller School Road. He mentioned that there is only one driveway but 12 or 15 houses use the road. You said you would look at the traffic study on this road again, Mr, Perkins said a number of people have expressed concerns about the drop offs on Route 250 and other~roads where the shoulders have deteriorated. Printed on recycled paler Ms. Angela G. Tucker September 14, 1998 Page 2. Ms. Thomas said some of the residents on Morgantown Road have ~xpressed an interest in greater traffic calming. There is an obvious place for a three-way stop sign az Grassmere Road. She does not know the process to follow. You said you would have a technician look at the location and give the Board a report as to whether it meets ~e multi-stop conditions and if any extenuating rarcurnsrances might apply. Ms. Thomas asked that an advisory sign be placed at the exit coming off 1-64 at Ivy informing truck drivers that turning towards Ivy was nor a reasonable course of action given the physical design of the road. You said you would follow up. Ms. Humphtis thanked VDOT for the paving of Georgetown Road. Ms. Humphris mentioned a letter she received from Ms. Berne, Head of Tandem School. regarding safety issues at school crossings. She specifically referred to The Montessori School located on upper Pantops. and asked you to contact Ms. Berne and explain VDOT's policy with regard to crossing guards and flashing lights. Mr. Marshatl mentioned signage for the James River runners and that you had solved the problem. Mr. Marshall asked for an update on the four laning of Route 20 from Route 53 to Monticello High School, You recommended that the project be placed as a high priority ar the Preallocation Hearing. Also, any information that you want forwarded to the Board members for inclusion in their agenda packet, needs to be in this office the Wednesday pti.or to the Board meeting date. For example, information for the October 7, 1998 agenda packet needs to be in this office by September 30, 1998. /EWC CC,' Robert W. Tucker. Jr. V. Wayne Cilimberg Sincerely, Ella ~. Care2 .'cMC. Clerk/ / COMMONWEALTH OF VIRGINIA HOUSE OF DELEGATES RICHMOND August26,1998 gOARD OF SUPERVISORS Mr. David R. Gehr, Commissioner Depar~ent of Transportation 1401 East Broad Street Richmond, V~gh,aa 232 ! 9-1939 Re: Directional Sign for James River Runners, Inc. Dear Mr. Gehr: I am in receipt of a copy of your July 31 letter to Christie L. Schmick, president of James River Runners, Inc. As a member of the House Transportation Committee, I am greatly disturbed by VDOT's unwillingness to facilitate James River Runners' request for a land use permit for placement of its sign at the intersection of Routes 1302 and 726 in Albemarle County. I disclaim any expertise on the subject of granting land use permits; however, I am unaware of any statutory or regulatory provision that would prevent VDOT from issuing a special permit in the instant case. I remain unconvinced that VDOT cannot work with James River Runners to find an amicable solution to this problem. Accordingly, I strongly urge VDOT to work together with James River Runners to resolve this problem by granting a special permit for placement of its directional sign. James River Runners is a well-respected bus'mess in Albemarle County and deserves this small measure of assistance from our state government. A special permit authorizing the placement of a sign to James River Runners easily clears the regulatory requirement that such a permit be granted in the interest of public health and safety of the citizens of this Commonwealth. Thank you for your careful consideration. ~l~aul Clinton Harris, Sr. Christie L. Schmick The Honorable Emily Comic The Honorable Forrest R. Marshall, Jr. The Honorable Chris Long To: Forrest R. Marshall. Board of Supervisor From: Public Safety/Tr, Scottsville Town Re: Proposed Road Pro There will be a Public H Town of Scottsville on ,~ most worthwhile of thes Road Construction Plan improving a one block s which travels to and fron rum offer Valley Street intersection, many probh VDOT have been examil The proposed new route then onto Page Street, ar truck drivers to make, it current route is flanked ~ impact. Accidents oocm beconle "wedged" in bet~ themselves. They have, It has been estimated tha~ to $75,000, If final appr~ begin work as quickly as Uniroyal/Gondriclv'Mich project. August 28, 1998 Ir., cqhairman, of Albemarle Count>' ~ic and Infrastructure Committee, ?ormcil ets for Scottsville Area ,~aring of proposed seconds_g,- road improvements in and around thc eptember 1 at 7:00 pm at the Scottsville Municipal Building. The improvements should be added to Albemarle County's Six-Year with VDOT) as quickly as possible. This projec: would involve orion of Page Street in Scottsville to accommodate large truck u'affic the Uniroyal/Goodrich~C/lichelin Plant daffy. Currently, the tracks tt Bird Street to reach tee Plant and, due to the small size of that ms occur as a result, The Town, Uniroyal and ,,Bagels Tucker of ting an altemate route and have proposed tb.c following solution. ~:ould take trucks throu~ the larger kntcrscction at Main Street, finally onto Bird towards the Plant. ~Siilc this adds more turns for fiefs the flexibiIiL', of wider streets and expansion, whereas the historic buildings and offers no room for change without major regularl) on the current route due to the fact that thc trucks often ,een the buildings and must b!6¢k Routes 20 and 6 to extract nd continue to, hit the buildings as well. the needed improvements to widen Page Street would run $50,000 ,va[ of this project is made by Council soon, wc would hope to ~ossible to avoid further problems with truck traffic to and From the lin Plant. We welcome your input and suppo~ to this proposed Thankyou. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Department Improvement Plans SUBJECT/PROPOSAL/REQUEST: County Department Improvement Plans for Board's review STAFF CONTACT(S): Tucker, Huff, White, Blank AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: X INFORMATION: Yes /~ ~.~ BACKGROUND: In order to promote and integrate continuous quality improvement into all local government departments, the County's Quality Council charged the County Executive's Office with developing Department Improvement Plans for all local government departments in calendar year 1998. DISCUSSION: Attached for the Board's review is our department improvement process report. Included in this information you will find: 1) background material detailing our Quality Improvement Program (Quip) to date; 2) details of the process and implementation of our Department Improvement Plans; 3) the general themes for continuous improvement identified by staff'; 4) future steps needed to be addressed in order to move forward with the process: 5) outlines of all the department ~mprovement plans RECOMMENDATION: This report does not require any actfon, but is submitted for the Board's review and discussion. The Department Improvement Plans will be incorporated into the County's overall strategic plan which will be brought to the Board in October. 98.177 Comments for Bob - Board Presentanon You have heard this morning about our department improvement plans and about,some ~ examples o£success stories that these prow ,an to most Z o improvement~ef£o~ are the employees ~e~count onkyo p~r~vide exceltmce in 'tt~it service ~o ~- ~ery b~pl~e world ~md~,t to have ~is oppo~ ro shoe ~ you some specM'reco~ifion ~di~dUaN md mams~ ~ ..... 7~zTz :a~:~_, fro~te~d~fion~or~izafi~s. ~eseaw~d~.~Z~z First I wo~.t~¢ m.reco~ ~e co~W's Cusmm~ S~ce T~repre~md by Enc Mor~2e md im subgoup~e New E~byee Orimmfion Tern whxch is headed by,dy Goo ~e ~mb~s of ~ese goups desired a new ~p16~e onmmnm pr~e~ which exuded our ms~g process ~ mcludff ah advmced Custom~ ..... ~**=. ~is new orimmon pro~ c~ O~to a Good Sta~ w~ aw~ded a NafionA Associa~on of Comfies Achievemmt Awed ~ ~e i~8 ~nu~ Aw~ds pro~ wNch recopies ~ovafive local gove~mt pro~om ~d ~e ~Ze have been recognized for several years rutmmg for.sound fiscal operations md For the third ~m a row we have .been named by flae Government Finance Officers managemenT. Assocmfion of The ,United St,~tes fQr both Finmacial Reportmg and for Budget Presentanon. First I would like torecogn3ze Melvin, 13reeden, our Director of Finmce, and his' st~fff for being awarded the Certificate of AChieVement for Excellence in Financial Reporting. Next I woutd likelo~ the Distinqui~shed Budget Presentation Award to our management analyst, Amae Gulati, and thank her for h e~ outstanding work in planning for and prepanng our budge[ Congratulations also to Roxanne White fOr her supervision of the budget preparauon process. Finally I would tike to announce an av~ard which we received frgm fia~_e National Association of County Information Officers as part of their 1998 Awards of Excelience Competition for our brochure on reversion. The brochure was produced as a collaborative effort between several offices. This award cites the superior writing of the brochure and I would like ro recogmze Larry Davis and Lee Catlm for their efforts on thi~ publication .... I appreciate this oppo~mni~ ty to highlight some of the ways in which our employees~i~e ~ut~ are being singled out foe attention at the highest levels. The department provement plans and our-entire quality ~mprovement effo ~ des~gne4 to suppor~ employees as they s~rive for outstanding se~e, which is the mission of ~-~--.. David E Bowerman Fon~st R. Marshal, ,k. CO~ OF ALBE:Mu~%LE Off~ce of Board of Supen,'isors 401 Mclnfir~ Road Charlottasville, Vkxjinia 22902-4596 (804} 296-5843 FAX (804] 296.-5800 Septemblr 14, 1998 Charles S. Martin Rivaana Walter E Peakins Whit~ Hat Sally H. Thomas Mr, Richard Herskowitz Director, Virginia Film Festival Drama Department University of,Virginia Culbreth Road Charlottesville VA 22903 Dear Mr. Herskowitz: At its meeting on September 2, 1998, the Board of Supervisors supported your request for a $10.000 'contribution to the Eleventh Annual Virginia Film Festival, with the funds to come from the toudsm fund. By copy of this letter, I am asking Mr. Metvin Breeden, Director of Finance, to forward the funds accordingly. /ewe cc: Melvin Breeden Roxanne White Robert W. Tucker, Jr. Sincerely, l~rinted on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY BOARD OF SUPERVISORS AGENDA TITLE: Virginia Film Festival Funding Request S U BJECTIPROPOSAL/REQUEST Request approval of $10,000 funding request from the Virginia Film Festival STAFF CONTACT(S): Mr. Tucker, Ms. White BACKGROUND: ~GENDA DATE: September 2, 1998 ITEM NUMBER: INFORMATION: ACTION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: Yes The attached letter from Richard Herskowitz, Director of the Virginia Film Festival, requests a $10,000 contribution for their annual event, which will take place on October29 - November 2. The funding will be used to support the costs of advertising in national publications ($5,000) and photographing and recording the event for their Website and other publication materials for national distribution ($5,000). DISCUSSION: For a total operating budget of $256,418, the Virginia Film Festival receives approximately 45% of their needed funds from the University of Virginia, 25% from entrance fees and sales and the remaining 30% from the pdvate and public sectors, including businesses, foundations and government grants. The Film Festival is also requesting a $10,000 contribution from the City of Charlottesville. RECOMMENDATION: Should the Board wish to fund The Virginia Film Festival, funds could be secured from the County's tourism fund, which currently has $126,985 in undesignated funds set aside for tourism related projects. Funding for the Film Festival could also be made contingent on comparable funding from the City. 98.166 1ND USTR Y BOARD Marc Abraham Lewis Allen Dore Bachrach William Backer deanine Basinger David Brown Duane Byrge Lee CapBn Sarah Eaton Bob Ga~ale Samuel Goldveyn. Jr Mark Gordon Mark Johnson Frank Pierson Wayne & Donna Powers Daphne Reid Sara Risher Scot Salon Sissy Spacek Genevieve Villaflor COMMONWEALTH BOARD John 2~ Casteen 111 Sen, Emily Couric Judith Fox Edward Garcia. Jr Iaror~ James Gilmore William Ifamby Charlotte Humphris Rita McClenny Beatrix Ost Kirk 7~ Schroder Kay Slaughter Margaret Wright Festival Founder Pairicia Kiage Festival Office Universi~ of Vir~nia Culbreth Road Charlottesville Virginia 22903 TEZ: 804-982-5277 FAX: 804-924-1447 EMA1L: filmfest ~ virgiaia, edu www. virginia, edu/-vafilm July21,1998 Forrest 1k Marshall, Jr. ChairmaiL Board of Supervisors Albemarle County County Office Building Charlottesville. Virginia 22901 Dear Mr. Marshall_ I am writing to request support for the 11ta annual Virginia Fill Festival from the County's "transient" funds promoting this area as a travel dest'mation. Our event is scheduled for October 29-November 2, 1998. Over the four days, 75 frlms, 90 speakers (incinding the returning critic, Roger Ebert), and au array of gallary exhibitions, musical events, and gala parties will reach an audience of ovcr 10,000 people. My request is for $10,000, the same amount provided to the Festival of the Book from this pool of funds. Our two events are the County's most visible and popular community celebrations (for the past several years, the Film Festival has been voted the best annual cultural event by C'Ville readers). Both events reflect Albemarla County's unique cultural and intellectual vitality. No other film festival emphasizes engaged discussion about the purposes of filmmaking to the extent we de, or matches our unique thematic blend of classics, independents, and feature premieres. The Film Festival's contributions to local tourism and to state economic developmen[, particularly in promoting fill production in Virginia, have been recognized by the ongoing support of the Virginia Tourism Corporation and the Virginia Fill Office. We have recently partnered with local residents Tim and Daphne Reid in promot'mg their important New Millennium Studios project. Our last survey of our audience in 1994 reported that 60% of our audience came from out of town. The University of Virginia contributes nearly 45% of our budget. We must raise about 30% of our operating costs from sponsorships and other contributions (mostly from local companies such as Sprint, Adelphia. GE-Fanuc, and from foundation and government grants). It is particularly vital to us at this moment in our history, since we recently weathered a financial crisis and reconstituted ourselves at a much lower budget in the Depanmant of Drama, to demonstrate that we have the economic support of local government, like many other fill festivals (such as the nearby DC FilmFest). This will provide evidence to University officials that County residents are a vital constituency of the Fill Festival alongside the University community, and that local tourism concerns deserve even greater consideration in our planning. Funding from the County will specifically be used to support the costs of advertising our event in national publications ($5,000) and of photographing and recording the event for our Website and commemorative volume of Festival highlights ($5,000). These materials will subsequently be widely distributed throughout the country. This support will help us immeasurably m spreading the word about the extraordinary qualities of this Festival, which have not been sufficiently recorded and broadcast in the past, and shou/d significantly increase future visitor interest. The County ~vill be recognized in all our publications with an acknowledgment credifmg its use of this special tourism fund to support us. We have also applied to the City's new Festival fund for support, and I hope that we will be able to thank both jurisdictions for coming to our aid. We also hope that Supervisors will join us at Festival screenings and receptions, to which they will be invited. I greatly appreciate the County's support of its festivals through the "transient" funds, and believe that it will significantly contribute to strengthening our community's cnitural life. Richard Herskowitz Director, Virginia Film Festival cc: Ro:canne White COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Budget Request- Soil and Water Conservation Distdct SUBJECT/PROPOSAL/REQUEST: Request approval of $14,782 in additional funding for the Soil and Water Conservation District STAFF CONTACT(S): Mr, Tucker, Ms. White BACKGROUND: AGENDA DATE: ITEM NUMBER: September 2, 1998 ACTION: X INFORMATION: CONSENTAGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes RE EW B : /~/~r[ / / Attached for your review and consideration is a request from Kat Imhoff, Albemarle County's Director for the Soil and Water Conservation Distdct (SWCD) for an additional $14,172 (adjusted to $14,782 to reflect actual cost~ to increase the Administrative Secretary's position from a .6FTE to a full-time positio~ The letter addresses the increased funding and program responsibilities taken on by SWCD since their FY99 budget request. DISCUSSION: Since the budget process began in November 1977, the SWCD has been approved to receive from $90,000 to $250,000 in Virginia Water Quality Improvement Act cost share funds, in addition to a tripling in the number of requests for technical assistance for the Virginia Tax Credit Program for Agricultural BMP's. In addition a Section 319 grant has allowed the SWCD to hire a Riparian Protection Specialist, who will be based in the Albemarle office. Wrth these additional funds and programs, they have increased their professional staff by two members without any concomitant increase in clerical support. For FYgS/9g, the County funded $21,991 to the District, $21,671 in salary and benefits for the .6FTE Administrative Secretary and $320 for office and copy supplies. In addition, the County contributes an addi~onal $8,745 to the Conserval~on Specialist position (25% local match), for a total contribution of $30,736. Although Albemarle County is currently funding all of the .6FTE clerical posil~on, Ms. Imhoff points out in her attached letter that the highest workload for their office is in Albemarle County. Three other localities contribute to the Soil and Water Conservation District. The chart below shows the per capita contribution by locality. County Population FY 1998-99 Per Capita Contribution Contribution Louisa 23,900 $25,200 $1.05 Nelson 13,732 $8,210 $.60 Fluvanna 17,600 $3,000 $.17 Albemarle 79,500 $30,736 $.39 If the request for the additional cledcal support is approved, the total FY99 contribution to SWCD would be $44,908 or $.56 per capita. AGENDA TITLE: Budget Request- Boil and Water Conservation District SePtember 2, 1998 Page 2 RECOMMENDATION: Although mid-year budget requests, particularly for additional staffing, are not recommended on general principle, the Soil and Water Conservation District had several program changes that were not anticipated during the normal budget process. Staff recommends approval of $14,782 in additional funds to support a full-time Administrative Secretary. If the Board approves the additional funding, an appropriation form will be brought to the Board at the next meeting. 98.178 z o o 0 ~, .~ THOMAS JEFFERSON SOIL & WATER CONSERVATION DISTRICT Fiscal Year Summary: July 1, 1997 - June 30, 1998 Albenmrle Nelson Fluvanna Louisa Erosion & Sediment Control Plan Reviewed N/A 16 20 28 A~ricultural Best Management Practices Installed: Cons Crop System (Acres) 364 0 0 0 Streambank Restoration (Feet) 500 0 0 .0 Wetland Development or 3 0 0 0 Restoration (Acres) Fencing (Feet) 6798 3459 5400 17,838 Past/I-Iay~'~anagement (Acres) 244 45~'~ ~ - 25 77 Riparian Forest Buffer (Acres) 4 0 2 0 Livestock Watering Facility (No.} 14 3 2 6 State Cost-Share Funds Distributed $37,941 $8,761 $16,173 $60,888 Ag Stewardship Act Complaint Responses i 0 0 0 Education Programs (see pages 7 - 12) 22 10 9 11 Watershed Inspections i N/A N/A 10 Technical Assists 318 176 Charlotte Y. Humphr~ Forrest R. Malshatl, Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virginia 22902-4596 (804} 296-5843 FAX (804) 296-5800 September 14, 1998 Walter E Penkins Sall~ H. Thomas Samuel Miler Mr. James R. Peterson Executive Director Region Ten Community Services Board 800 Preston Avenue Charlottesville. VA 22903-4420 Dear Mr. Peterson: At its meeting on September 2, 1998, the Board of Supervisors approved the FY 1999 Community Services Board Performance Contract as presented. /ewc Sincerely, E a~-V. Care~,Cle~, MC / cc: Roxanne White Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Region Ten Performance Contract SUBJECT/PROPOSAL/REQUEST Request approval of Region Ten Community Service Board's FY Performance Contract STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: September 2, 1998 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes The 1998 General Assembly passed HB428, which amends and reenacts 37.1-194 -202 of the Virginia Code and requires local governing bodies to approve its Community Service Board's (CSB's) performance contract by a formal vote prior to September 15~h. The performance contract is the annual agreement negot ated by a CSB with the state Department, which provides state and federal funds for mental health, mental retardation and substance abuse services to CSBs. Until now. Boards and City Councils may have reviewed a CSB contract, a complete agency budget submitted by the CSB, or only the city or county budgets that appropriated the local government matching funds, the latter being the previous process for Albemarle. DISCUSSION: Since the performance contract is a rather lengthy and complicated document to review, I have inclt[ded a guide prepared by the state Department to help local government officials understand the contract which is divided into five major sections, Exhibit A through Exhibit E. Since Exhibit A includes Region Ten's FY99 budgeted amounts and service levels, which will have an impact on the services actually provided to the community, I have attached this section for your review. Exhibit B lists all the conditions, which a CSB must satisfy in order to receive funds from the State. Exhibit C lists the administrative requirements and the administrative performance standards under which Region Ten must operate. Exhibit D details thecomposition ofthe CSB and several required federal assurances and certifications ~n order to draw down the federal funds. Exhibit E provides information on the fiscal agent and space to document local government approval of the contract. Due to the sheer volume of paper, these exhibits have not been attached, but are available for your review in the County Executive's Office. These exhibits are available in the County E Because this is not a contract between the County and Region Ten: and subsequently the County is not pady tothe performance contract, the state recommends that if the County has any particular concerns or ~ssues that it wishes to resolve with its Community Services Board. that it would be more appropriate to address those concerns in a separate agreement between the County and the CSB, rather than trying to include them in the performance contract. RECOMMENDATION: Staff recommends approval of the attached FY1999 Community Services Board Performance Contract. 98.167 Guide to Your Community Services Board'~ FY 1999 Performance .Contract Description of the Various Parts of the CSB Performance Contract COI~TRACT BODY: The body of the CSB performance contract contains the usual standard language found in any contract. It establishes the term of the contract (the state fiscal year), describes the scope and costs of services (shown in Exhibit A), and contains termination and severability provisions. The most important parts of the contract body are long lists (over 25 items each) of CSB and state Department responsibilities, many of which restate or reference duties in the Code of Virginia. EXHll~lT A: This exhibit contains up m 33 pages, depending on which services a CSB offers. It is organized into four sections: 1. mental health services, 2. mental retardation services, 3. substance abuse services, and 4. CSB administration. The three services sections (mental health, mental retardation, and substance abuse) present detailed information about types and amounts of services to be provided, proposed service capacities (beds or slots), numbers of consumers to be served, and costs for each type of service. These services may be provided directly by the CSB or through contracts with other providers. Specific amounts and types of revenues that support all of the services in each section are presented on a summary page. The CSB administration section is a page that displays revenue sources and personnel, operating, and program support costs. Exhibit A is the part of the performance contract that is most analogous to a budget for the CSB. This exhibit may be of the greatest relevance to a local governing body as it reviews and approves its CSB's performance contract. It contains the following types of information. Revenues on the summary page for each services section are grouped by type: state generalTunds, local matching fimds, fees, federal funds, and other funds. Most groups contain a number of specific sources. For example, the fees group contains up to 15 sources, including up to five types of Medicaid fees, private insurance payments, fees from various local agencies, and direct payments by consumers. Costs are displayed for each type of service and totaled for each services section on the summary page. Exhibit A may contain information on up to 20 different mental health services, 15 mental retardation services, and 21 substance abuse services. For each service type, Exhibit A shows personnel expenses, operating expenses, program support expenses (allocated administrative costs), and total expenses. O Services are displayed on four di.'fferent forms in Exhibit A, depending on the unit by which the service is measured. 2. 6-03-98 Guide to Your Community Services Board's FY 1999 Performance Contract Consumer service hours are usually provided on an hourly basis to individuals or groups. Services include emergency, outpatient, case management, prevention and early intervention, and some innovative day support and residential services. Bed days are provided in hospital or community-based residential facility settings. Services include local inpatient beds, group homes, and supervised apartments. [~ Day support hours are provided in congregate settings during the day. Services include psychosoeial rehabilitation and day treatment/partial hospitalization. Days of service measure vocational/employment services typically provided in congregate settings to groups of consumers, such as sheltered employment. For each service that a CSB proposes in its performance contract, Exhibit A displays the basis on which the contract level of service units is calculated, the number of consumers projected to be served, and the costs of the service. Services and units are defined in the Core Services Taxonomy 6, which is available from your CSB. Ex.,urr B: This exhibit lists the General Conditions that a CSB must satisfy to receive funds from the state Department. These conditions cover five areas: O General Administration, (D Financial Management, O Human Resource Management, O Reimbursement, and O Procurement. Exhibit B also contains special conditions related to federal substance abuse treatment and prevention block grant funds, disaster response and emergency service preparedness, and receipt of federal early intervention (Part C) funds. EmIT C: This exhibit lists CSB and state Department Administrative Requirements related to submitting and processing the performance contract and reports and providing funds to the CSB It also contains Administrative Performance Standards related to the timeliness and quality of reports submitted by the CSB to the state Department. These standards contain possible fiscal penalties for poor performance (e.g., late, erroneous, or incomplete reports). Ex.,Krr D: This exhibit displays information about Community Services Board Management, such as the Board of Directors membership'list and the CSB's organization chart. It contains federal civil rights Title VI and VII Assurances signed by the CSB chairman. It also contains signed certifications, required for the receipt of federal funds, that relate to lobbying, salary levels, and environmental tobacco smoke. Finally, Exhibit D contains a listing of local matching funds appropriated .by each local government that is a member of the CSB. 3. 6-03-98 Guide to Your Community Services Board's FY 1999 Performance Contract ExamtT E: This exhibit documents the Local Government Acceptance and Approval of the performance contract. The first page of Exhibit E: O Hsts information about the local government that serves as the CSB's fiscal agent, O certifies that the CSB's entry into this contract was authorized by a formal vote of the CSB's board of directors in a public meeting, and O contains the fiscal agent's signature that indicates receipt of the contract and an agreement to accept state and federal funds from the state Department. The second page of the exhibit contains space for the CSB to document the approval of the contract by each local government that established the CSB. Since it cannot be completed by the CSB until after local government approval of the contract, Exhibit E would not be included in the local government review and approval process. EXItlBIT F: This exhibit is used by the state Department when it wishes to negotiate specific Individual Community Services Board Performance Measures with a CSB. Measures may address concerns about administrative performance or issues related to Service provision. For example, a number of FY 1999 CSB performance contracts will contain an Exhibit F that will establish a specific measure to increase the amount of state mental retardation general fimds that the CSB has converted to serve as match for Medicaid State Plan Option and MR Waiver services. Most CSB performance contracts will'not include an Exhibit F in FY 1999. EXnmlT G: This exhibit contains some system-wide Outcome Measures for all CSBs. The contract's cover memo notes that this exhibit is added so that the state Department and CSBs can begin to practice using such provider performance measures. No fiscal consequences are attached to these measures now. For the FY 1999 contract, CSBs do not have to produce any data about these measures; the state Department will provide the data. CSBs only have to present plans by January 4, 1999 to the state Department that will describe how they will generate the CSB-produeed measures in the FY 2000 contract. Section 37.1-198 ofthe Code of Virginia will require inclusion of consumer outcome and provider performance measures in contracts for FY 2001, which begins on July 1, 2000. EXa,alT H: The CSB completes this exhibit after its local government (or governments) designates the type of CSB it is. Effective July 1, 1998, § 37.1-194 of the Code of Virginia requires the governing body of each local government that established the CSB to designate it as one ofthe three types of boards described on the next page. This should be done before July 1, 1998, or as soon thereafter as possible. Copies of sample resolutions that could be used to fulfill this requirement are attached to. this guide. 4. 6-03-98 Guide to Your Community Services Board's FY 1999 Performance Contract [] Operating Community Services Board: The CSB's board of directors is responsible for the direct provision o£mental health, mental retardation, and substance abuse services. The board employs its own staff. Services are provided by CSB staff or through contracts with other providers. Administrative Policy Community Services Board: The CSB's board of directors is responsible for setting policy and administering the provision of mental health, mental retardation, and substance abuse services. The board does not employ its own staff. Services are provided by local government staff or through contracts with other providers. Policy-Advisory Community Services Board with a Local Government Department: The board of directors is responsible for providing advice on policy matters to the local government department that provides mental health, mental retardation, and substance abuse services. The board does not employ its own staff. If you have any questions about the requirement to designate your community services board or the types of CSBs, please call Paul R. Grid'lng, the state Department's Director of Community Contracting, at (804) 7864982. CSB PERFORMANCE CONTRACT SUPPLEMENTS Preceding sections describe the total contents of a performance contract. CSBs also send several supplements to the state Department with their contracts. These supplements display board membership characteristics, senior management salary costs, and revenues received by the CSB that are not included in its performance contract. The supplements are not part of the contract, and local governing bodies do not need to review and approve these supplements. One supplement, Table 1: Board Membership Characteristics, contains information about board appointment, including numbers of consumers, family members, and elected and appointed local government officials serving on the CSB. The performance contract requires the CSB to provide this information to each of its local governing bodies, since it may be useful to each local government as it addresses the appointment requirements in § 37.1-195 of the Code of Virginia. A group of CSB executive directors, representing all of the eonllnunity services boards, negotiated tlfis standard performance contract with the state Department. They reviewed and accepted all parts of this standard performance contract, that is the contract body and all of the Extfibits (except the CSB-specific information that will be entered in Exhibits A and F), and the supplements that are not part of this contract. 5. 6-03 -98 FY 1999 Community Services Board Performance Contract WHEREAS, Title 37.1 of the Code of Virginia creates the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, hereinafter referred to as the Department, to ensure the delivery of publicly-funded services to citizens of the Commonwealth with mental illnesses, mental retardation, and alcohol or other drug abuse or dependence; and ~,VHEREAS, §§ 37.i-194 through 202.1 of the Code of Virginia require every city and county to establish or join a community services board that plans and provides, directly or contractually, publicly-funded local mental health, mental retardation, and substance abuse services; and WHEREAS, § 37, 1-198 oft. he Code of Virginia establishes this performance contract as the primary accountability and funding mechanism between khe Department and each community services board; and WHERE,aS, the Region Ten Community Services Board, hereinafter referred tO as the Board, which, unless it is otherwise clear from the context or is stated, shall be construed to include the agency as well as its Board of Directors, is apply/ng for the' assistance provided under Chapter 10 of Title 37.1 of the Code of Virginia by submitting this performance contract to the Dc:pm tment in accordance with § 37.1-I98 of the Code of Virginia; and WHEREAS, the Board is required to provide the Department with certain information about consumers, services, jointly developed outcome and performance measures, costs~ and revenues; and WHEREAs, the Board desires to develop and implement improved procedures and a manage- ment information system capability to evaluate and enhanc~ the quality, efficiency, and effectiveness of its services; Now THEREFORE, the Department and the Board enter into this performance contract for the delivery of serviCes ina rp~nnel that ensures accountability for the Depa~rtment an_d quality of care for consurae~ and, in considm'ation of the mutual covenants and stipuhtions set out herein, agree as follows: 1. COI~'t-RACT PERIOD. The t~tm ofthls performance contract shall be State Fiscal Year (SFY) 1999, commencing on July 1, 1998 and ending on June 30, 1999. SCOPE OF SERVICES. Tile Board agrees to provide the services set forth in Exkibit A, which includes all mental health, mental retardation, and substance abuse services operated or contracted by the Board, except those funded completely on a capitated or other risk- sharing basis as described in paragraph 6.o. of this contract, that are partially or wholly 1. 5-8-98 o e FY 1999 Community Services Board Performance Con~act ~ supported by state-controlled funds, which are state general and federal block grant funds provided by the Depmtment; Medicaid Clinic, ICF,rMR, State Plan Option, and Mental Retardation Waiver fees; and local matching funds required by § 37.1 - 199 of the Code. COST OF SERVICES. The Board agrees to provide these services within the revenues and for the costs set forth in Exhibit A. These revenues and costs are documented in the Board's financial management system. The Board agrees that the state general funds necessary to match the federal share of reimbursed Medicaid State Plan Option and Mental Retardation Waiver fees will be deducted from its allocations of state general funds. AMEN'OMENTS. This contract, including all Exhibits and incorporated documents, consti- tutes the entire agreement between the Department and t_he Board. Exhibit A may be amended in accor,'l~n~ce with procedures contained in the Cormnunity Services Board Performance Contract instructions, incorporated by reference as part of this performance contract. This con~:act may be amended only by mutual agreement of the parties. SUBCONTR&C-rtrqG. Services in this contract may be subcontracted. Such subcontracting must comply with applicable state and federal statutes and regulations, including the Virginia Public Procurmnent Act. The Board agrees to provide copies of such contracts to the Department upon request. Where practicable and merited, the Board is encouraged to offer subcontracts for services to minority and women-owned businesses. BOARD RESPONSIBILITIES. The Board, the agency as well as its Board of Directors, acknowledges and agrees to fulfill the following responsibilities. ao Provide the services in Exhibit A, meet any performance measures in Exhibit F, and monitor the outcome measures identified in Exhibit G. Satisfy the conditions and reporting requirements associated with allocations of additional funds from Item 347 of the 1998 Appropriation Act. For certain initiatives in that item, if the Board receives an allocation of appropriated funds, develop individual plans of care for specific consumers and provide them to the Department for its approval and authorization to use these funds. In addition to the con.s~mer and service information in a plan of care, each plan must include the cost of each service to be provided by the Board directly or contractually that is identified in the plan and the sources and amounts of anticipated revenues, such as Medicaid, other insurance payments, fees paid by consumers, federal grants, and local funds, that will defray some of this cost, reducing the demand on the allocation of state-controlled funds and increasing the number of consumers who could be served with it. At the end of the second, third, and fourth quarters, provide specific information about these consumers to the Department. This information includes consumer characteristics; types, mounts, and costs of services received; and all revenues received that are associated with those services. 2. 5-8-98 FY 1999 Community Services Board Performance Contract These initiatives include mental health census reduction funds for patients who have mental illness and mental retardation ($1,584,519), funds for MR Waiver services to support individuals ready for discharge ($1,250,000), and funds for individualized packages of services and supports for persons with mental illnesses who are not eligible for Medicaid ($750,000). If the Board receives allocations of funds from other initiatives in Item 347 of the 1998 Appropriation Act, include information about them in this contract and the associated reports and in the separate hard copy forms in the contract and other reports that are necessary to enable information about them to be provided to the General Assembly. bo Implement a local human rights plan that 1.) complies with the current Community Human Rights Regulations promulgated by the State Mental Health, Mental Retarda- tion and Substance Abuse Services Board, 2.) has been approved by the State Human Rights Committee, and 3.) ensures the timely and equitable resolution of allegations of human rights violations. Report allegations of abuse, neglect, or other violations of a consumer's human fights by telephone or facsimile machine within one business day after receiving the allegation to the regional advocate who works with the Board. Participate in collaborative local and regional service and management information systems planning with state facilities, other community so,rices boards, other public and private human services agencies, and the Department, as appropriate. In accor- dance with § 37.1-197 of the Code ofl~irginia, provide input to long-range planning activities conducted by the Department, including the Comprehensive St3te Plan Update for 2000-2006, required by § 37.1-48.1 of the Code of Virginia. Assist the Department in developing the criteria and protocols for implementing an unduplicated master community waiting list that will be maintained for priority populations begin- ning on January 1, 1999. Provide input to the comprehensive community and facility masterplan, being developed bythe Departmentpursuant to Item 341 of the 1998 Appropriation Act. Participate in regional and statewide meetings convened by the Depar~.ment. Working cooperatively with the Department, participate in managed care planning, projects, and initiatives enacted by the General Assembly. Cooperate with the Depart- ment to plan, and where applicable implement, th'e state hospital census manage- ment/managed care projects authorized by Item 347 in the 1998 Appropriation Act. Participate in regional and statewide managed care planning, projects, andinifiafives developed and implemented jointly with the Department, including thos~ associated with the Joint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation, and Substance Abuse Services. 3. 5-8-98 FY 1999 Community Services Board Performance Contract Coordinate services for individuals with mental illnesses, mental retardation, or alcohol or other drug abuse or dependence with state facilities; local social services, health, rehabilitative services, and educational agencies; the criminal justice system; area agencies on aging; and the private sector, locally and regionally; as appropriate. Develop and maintain joint written cooperative agreements, as required by § 37.1-197 of the Code of Virginia, with the following agencies and organizations that exist within the political subdivisions served by the Board: · local school divisions, · sheriffs, e health depaxunents, · area agencies on aging, and · local boards of social services, · regio~nal Department of · local housing agencies, Rehabilitative Services offices. These agreements must be reviewed annually by the participating organizations and must specify the services to be provided to consumers. Agreements also should:' · identify agency and Board staffpersons or positions that are responsible for maintaining communication between the Board and each organization, · describe how services in each organization are accessed and delivered, · address payments and fees for services rendered or received, · discuss provision oftechnical assistance and t~in/ng, and · describe methods for identifying amd resolving problems. g. Establish and coordinate the operation ora prescription team and provide p'rescreening and predischarge planning services as required by § 37.1-197.1 of the Code of Virginia. Adhere to the current Procedures for Continuity of Care Between Community Services Boards and State Psychiatric Facilities. Participate in Comprehensive Services Act activities to serve troubled youths and theix families~ inclu~ling Community Policy and Man~.~ement ~feams and Family Assessment and Planning Teams, pursuant to the requirements of § 37.1-197.1 of the Code of Virginia. Develop, in conjunction with the other Boards in a region and the state facilities serving that region, protocols to address situations, discussed in § 37.1-197.1, in which the Board and the state facility disagree about a consumer's readiness for discharge. These protocols must be approved by the Depariment and implemented as soon as practicable after July 1, 1998 and no later than December 31, 1998. h. Comply with applicable Department licensure regUlations and satisfy applicable inspection, licensing, provider, contractual, and reporting requirements of the Virginia Depmhnents of Health, Medical Assistance Services, Rehabilitative Services, and Social Services. Provide-the information and full access to records, including informa- tion about consumers and employees, to the extent permitted by law, regUlation, and policy, that are necessary for the conduct of such inspections and licensure reviews. 4. 5-8-98 'k. FY 1999 Community Services Board Performance Contract Participate' in evaluation and jointly-developed outcome and performance measurement activities and in reviews of the Board's financial, reimbursement, procurement, human resources management if the Board is an operating board, and management operations conductedby the Department. provide the information and full access to records, including information about consumers, to the extent permitted by law, regulation, and policy,' that are necessary for the conduct of such evaluations, activities, and reviews. Provide written responses to reports of these reviews and evaluations to the Depart- ment within 30 working days of receipt of such reports. Act on Department recom- men&a/ions made in these reviews and evaluations and implement agreed-upon recorranendations contained in the official reports of these reviews and evaluations in a timely manner. Participate with the Department to develop consumer and family satisfaction survey instruments, implement these sun, eys, and report the resultS to the Department. Comply with all requirements set forth in Title 37.1 of the Code of Virginia and any other applicable statutory and constitutional mandates, regulations, and policies, including State Mental Health, Mental Retardation and-SUbstance Abuse Services Board policies. Satisfy the General Conditions in Exhibit B. Operate financial management, procurement, and contracting systeras that are consis- tent.with Financial Management Standards for CSBs, Accounts Receivable and Reimbursement Procedures, and CSB Procurement Procedures.Manuals issued by the Department. If the Board is an operating board, opexate a human resource management program tha is consistent with state and federal statutes, regulations, and policies cited in Exhibits B and D. Provide a copy of the cunvat position descriptio.n, salar7 range and advertise- ment for the executive director's position When it becomes vacant to the Department for its review, imrsuant to§37.1-197 ofthe Code of Virginia; .Submit a copy of the annually r6newablo contract for its executive director with this performance con~xact fo the Department to ascextaln compliance with § 37.1-197, Include a listing of the salary ranges of the executive director and senior management as Exhibit I of this performance contract for the Department to review and approve pursuant to § 37:1- 197. Provide a copy of the cmtvat position desc~..'ption or contract for the executive director to the Department for its use in developing the minimum qualifications required by § 37.1-197 of the Code of Yirginia. Finally, submit a copy of the Board's employee grievance procedure to the Department for its review to assure the Board's compliance with § 15.1-7.2 of the Code of Virginia. If the Board is an administrative policy board, participate in a human resource manag{ ment program that is consistent with state and federal statutes, regulations,'hnd policie' 5. 5-8498 FY 1999 Community SerVices Board Performance Con~ract~ cited in EXhibits B and D. Provide the current position description when the executive director's position becomes vacant to the Department for its review to determine adherence to the minimum qualifications required by § 37.1-197 of the Code. Finally, provide a copy of the current position description or contract to the Department for its use in developing the minimum qualifications required by § 37.1-197 of the Code of Virginia. m. In accordance with § 37.1-195 of the Code of. Virginia, provide a copy of the annual independent audit of the Board's financial records to the Department far the services that are the subject of this contract. The audit must meet standards set by the Virginia Auditor of Public Accounts, applicable requirements established by the federal govern merit (for block grant accounting), and other criteria in the Financial Management Standards for CSBs Manual issued by the Department. Provide a copy of this audit tc its local government(s), pursuant to § 37.1-195 of the Code of Virginia. Obtain, review, and take any necessary actions on audits, which are required by the Financial Management Standards for CSBs Manual issued by the Department, of any subcontractors that provide services that are the subject of this performance contract and provide copies of those audits to the Department. o. Bill consumers and third-party payors for services in accordance with approved reimbursement policies and procedures. Maintain a reimbursement system that complies with § 37.1-197 of the Code of Virginia and the Accounts Receivable and Reimbursement Procedures Manual issuedby the Department. When flue Board enters into a contract with a health maintenance organi?ation or other managed care o~gani:mfion that pays for services on a cepitated or other~ risk-sharing basis that requires.the Board to assume any unfunded liability for the care of all enrolled - - members,the Board must account for the revenues, expenditures, mad obligations that are associated with the contract in a manner that meets Geaerally Accepted Accounting Principlesl is auditable, and will emmre that state general and federal fimds provided by the Depai~tment to the Board in this performance contract will not be used to pay unfunded liabilities associated with such a managed care contract. Provide copies of such contracts to'the.Department upon request. Avoid using state general or federal funds provided by the Department to solicit or obtain such contracts. p. Provide active on'entation and continuing education programs to the Board of Directors. Defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from the Board's performance of this contract, it being expressly agreed that the Department shall not be liable for any judgement or settlement payment where 6. 5-8-98 FY 1999 Community Services Board Performance Contract liability is predicated solely on the alleged wrongful conduct of the Board, its officers, agents, subcontractors, and employees. Obtain and maintain sufficient liability insurance to cover claims for bodily injury and property damage. Obtain and maintain suitable administrative or directors and officers liability insurance. All parties handling funds must be bonded in accordance with local financial management policies. These responsibilities may be discharged by means of a proper and sufficient self-insurance program operated by the state or a city or county government. Assure subcontractor compliance with the applicable provisions of Exhibits B and D and the preceding items: b, e, h, i,j, lc, n, and o. Provide input to the Department as it establishes an appeals mechanism for community services board contractors, as recommended by the Joint Subcommittee Studyifig the Future Delivery of Publicly Funded Mental Health, Mental Retardation and Substance Abuse Services. Provide information in Exl'fibit A about the un,ts of services offered, consumers 'served, and costs of and revenues for these services for direct and contractual Board services. Provide the information required in Exhibit D. Provide information in the performance contract supplements that are submitted at the same time as this contract. Follow the current Core Services Taxonomy, Community Services Reporting Require- merits, Human Resource Data Set, Prevention Data Base, and Individualized Client Data Elements IV when responding to reporting requ/rements jointly identified by the Boards and the Department. Maintain accurate information on consumers that.the Board serves in the community and on its consumers being served in state facilities. Obtain and maintain automated management information systems, within available resources, capable of processing and reporting standarcl~Ted consumer, service, encounter and outcome, financial, and personnel information based on these docu- ments. Advise the Department of the development or acquisition of automated information systemq to assm:e their adequacy and compatibility regarding Department requirements. Develop and maivfa~n, in conjunction with the courts having jurisdiction in the political subdivisions served by the Board, coope,ative plans that describe how the provisions of §§ 37.1-67.01 through 67.6 and related sections of the Code of Virginia pertaining tc the involuntary admission process will be implemented. Plans also shall specify the services to be provided to consumers and must be reviewed annually by the courts and the Board. Meet all reporting requirements and administrative performance standards in Exhibit C Report minimum Treatment Episode Data Set (TEDS) information on individual consumers in substance abuse services to the Department, as mandated by 'the federal 7. 5-8-98 FY 1999 Community Services Board Performance Contract ~ Substance Abuse and Mental Health Services Administration, and participate in the Uniform Facility Data Set (UFDS). Report required demographic and service informa. tion in a standardized format about consumers with mental illnesses or mental retarda- tion to the Department. Report required Inventory of Mental Health Organizations data. Provide the consumer, service, cost, staff, and revenue information required in quarterly and annual CSB Reports. Provide separate reports on Mental Health and Substance Abuse Federal Block grant RFP contracts, when applicable, and on the use of the additional money in item 347 oftbe 1998 Appropriation Act, including numbers of consumers served, units of services provided, static capacities, costs, FTEs, and revenues. As managed care projects and initiatives referenced in items 6.d. and 7.v. art implemented, provide necessary information to the De partment, such as jointly- developed assessment and outcome data on individual consumers. Use Substance Abuse Prevention and Treatment (SA_PT) Block Grant funds to athact and retain consumers who use drags intravenously or who are at high risk. Such funds may also be used to provide direct treatment services and training for staffproviding outreach or treatment services. These funds must not be utilized to distribute'hypoder- mic needles. If HIV testing is a component of any program, proper pre-test and post- test counseling, which includes making available copies of the HIV testing law, must b, available. Use SAlYl' Block Grant Prevention Set Aside funds to provide services that are consistent with the six strategies of prevention activities approved by uhe federal Center for Substance Abuse Prevention and the definitions in the current Core Services Taxonomy. In accordance with provisions in Item 341 of the 1998 Appropriation Act, participate ~ith the Department in identifying priority populations and related funding strategies and developing and implementing performance measures for all services and outcome measures for selected priority populations. Participate with the Department to develop a state psychiatric bed allocation methodology by June 30, 1999, which includes financial incentives ear disincentives pursuant to § 37.1-199 of the Code, that can be used.to establish individual Board state f, xcility bed utilization targets for adult acute, adult extended rehabilitation, and child and adolescent beds beglnn{ug on July 1, 2000, as required by § 37..1-198 of the Code ofl/irg~nia... Participate on or provide input to a work group, which includes consumer and family advocacy group representatives, convened by the Department to identify by Decembe: 31, 1998, the characteristics and components of an individual CSB, sub-regional, or regional dispute resolution mechanism that enables consumers and family members to raise and resolve with the Board concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types aSnd amounts of current or future services from the Board. This dispute resolution mechanism is not 8. 5-8-98 o FY 1999 Community Services Board Performance Contract intended to replace the human rights complaint process and will not be used to address allegations of human rights violations. It must include a consumer appeals process to the Department if resolution cannot be achieved by the Board. Once it has been designed and accepted by the Board and consumer and family advocacy groups and reviewed and approved by the Department, implement this local, sub-regional, or regional dispute resolution mechanism no later than June 30, 1999 to fulfill the requirements of§ 37.1-197 of the Code of Virginia. Provide opportunities and mechanisms for consumers of services, family members, and other advocates to participate meaningfully in service planning and implementation, policy development, and decision making. Assist local government compliance with membership provisions in § 37.1-195 of the Code of Virginia by providing information to the city council(s) or board(s) of supervisors' that established the Board about the numbers of consumers, family members, and elected and appointed local government officials appointed to the Board. DEPARTMENT RESPONSIBILrttv.;S. The Department acknowledges and agrees to fulfill the following responsibilities. Provide the state general and federal funds displayed in Exhibit A to the Board. Disbursements of these funds shall be contingent on receipt of accurate, complete, and timely reports, identified in Exhibit C, from the Board. Payments shall be made in accordance with procedures described in the Community Services Board Performance Contract Process issued by the Department, State general funds will be adjusted periodically during the contract period to reflect the match required for Medicaid State Plan Option and MR Waiver fee collections. Make inpatient services available, if appropriate, through ~'ts mental health facilities and mental retardation training centers as needed by tho residents of the Board's catchment area. Provide mutually agreed-upon consultation and technical assistance to the Board and its contrac~ma! programn about scow'ice development, financial management, human resource management, reimbursement, managed c,a?, contracting and procurement, propertymanagement; risk management, licensure compliance, information manage- ment (including encounter and outcome data), quality improvement, quality assurance, board development and support, planning, evaluation, human rights, and prevention. Manage its mental health facilities and mental retardation mining centers to support the required planning and service delivery linkages with the Board, including adherence to the current Procedures for Continuity of Care Between Community Services 'Boards 9. 5-8-98 FY 1999 Community Services Board Performance Contract and State .Psychiatric Facilities, follow-up on discharges of geriatric clients, resolutio~ of conflicts, participation in predischarge planning as required by § 37.1-98 of the Co of Virginia, and assistance with cooperative efforts. Maintain accurate information o? consumers served in state facilities, including which Board is responsible for serving the patient or resident. With input from the Board, develop a method to resolve disagreements regarding which Board is responsible for serving a patient or resident. Review and approve the regional protocols jointly developed by community services boards and state facilities to address situations, discussed in § 37.1-197.1 of the Code Virginia, in which the Board and the state facility disagree about a consumer's readiness for discharge. e. Adhere to Jeadlines for contract processing and funding actions, including those relat to administrative performance standards, specified in Extfibit C. Provide state facility consumer data and cost information on those individuals served from the Board's catchment area and the outcome measures information identified in Extfibit G to the Board. 'g. Provide necessary coordination with other state agencies, including the development interggency agreements that are applicable at state and local levels, soliciting commen from the Board about this coordination and before formalizing SUch agreements. h. Offer a variety of mutually agreed-upon training activities, to the Board. I. Assist the State Mental Health, Mental Retardation and Substance Abuse Services Board to maintain a statewide public information,program about'mental health, menta ......... ~e_tgxda__taon, _agd s~bstance abuse trea_tment,.habiutatig_n; an~ preyent~on sermces. Make available a ctutcut State Board-approved orientation presentation for the Board to use in educating its local gov~-nment(s) about the Commonwealth's sen, ice deliveE system. k. Receive, review, and take appropriate action on the annual independent audit of the Board and the audits, which are required by the Financial Management Standards for CSBs Manual issued by the Department, of any of the Board's subcontractors that provide services that are the subject of this contract. Evaluate direct and contractual Board services that receive state-controlled funds or Medicaid fees for efficacy using standardized measures and conduct oth?r reviews where appropriate. Provide the results of these evaluations and reviews t6 the Board for its consideration and appropriate action. 10. 5-8-98 FY 1999 Community Services Board Performance Contract License or~ where appropriate, certify the Board, its contractual programs, and other providers to render services when the Board, its contractual programs, and other providers are in compliance with licensura regulations or, where appropriate, certifica- tion standards or criteria. Represent the interests oftbe mental health, mental retardation, and substance abuse treatment, habilitation, and prevention services system as a whole to assure equitable consideration of mental as well as physical and environmental health in all health, social, and rehabilitative services planning, funding proposals, and activities at the state and federal levels. Use the Comprehensive State Plan, required by § 37.1-48.1 of the Code of Virginia, as a basis for the Depadment's biennium budget submissions made through the established executive branch budget development process. Provide a summary and analysis of the annual CSB Reports tO the Board. Review the Board's financial, reimbursement, procurement, and contracting operations, using the Financial Management Standards for CSBs, Accounts Receivable and Reimbursement Procedures, and CSB Procurement Procedures Manuals issued by the Department and other applicable documents. Establish minimum qualifications for executive directors ofcommunlty services boards and provide them to the Board. If the Board is an operating community services board, review its human resource management operations for compliance with the state and federal statutes, regulations, and policies cited in Exhibits B and D and review its employee grievance procedure for compliance with § 15.1-7.2 of the Code of Virginia. If the Board is an operating board, review a copy of the annnsJ!y renewable conWact for its executive director to ascertain compliance with § 37.1-197 of the Code of Virginia and review and approve the salary ranges of the executive director and senior management, pursuant to § 37.1-197 of the Code and advise the Board of the results ofthe'z~ reviews. Review the organ~Tation and ~p~tions-of the Board and its associatedadmlnlstrative support functions. Provide the results and recommendatio.-'~.q of these reviews to the Board for its consider. anon and appropriate actmn and momtor the Board s maplementanon of agreed-upon recommendations contained in the official reports of these reviews. Monitor implementation of the Board's local hum,an rights plan and review the Board's quality assurance mecba,lsms. Convene a work.group to identify the characteristics and components of an individual CSB, sub-regional, or regional dispute resolution mechanism; provide assistance to the Board for developing its dispute resolution mechanism for consumers and family members; develop with input flrom the Board a process for the Department to handle appeals of concerns, issues, or disagreements that were not resolved by the Board; and approve and monitor tho operation and effectiveness of this mechanism. Work with the Board to develop an appeals mecha- 11, 5-8-98 FY 1999 Community Services Board Performance Cont~ract ~ nism for community services board contractors, as recommended by the Joint Subcom- mittee Studying the Future Delivery of Publicly Funded Mental Health, Mental Retardation and Substance Abuse Services. r. Review periodically the Board's accomplishment of its service deliver, goals, containe~ in Exhibit A, and any specific performance measures contained in Exhibit F and take appropriate action to address variances. Review the outcome measures contained in Exhibit G. Provide copies of current State Board policies and regulations and Departmental policies and procedures that affect the Board, inc!uding the Financial Management Standards for CSBs, Accounts Receivable and Reimbursement, and CSB Procurement Procedures Manuals. Develop and implement, with input and assistance fzom the Board, evaluations of outcomes for the Board's services. In accordance with provisions in Item 341 of the 1998 Appropriation Act, with input from the Board, identify priority populations and related funding strategies and develop and implement performance measures for all services and outcome measures for selected priority populations. Participate with the Board to develop a state psychiatric bed allocation methodology by June 30, 1999, which includes financial incentives and disincentives pursuant to § 37.1-199 of the Code of Virginia, that can be used to establish individual Board state facility bed utilization targets for adult acute, adult extended rehabilitation, and child and adoles- cent beds beginning on July 1, 2000, as required by § 37.1-198 of the Code of Virginia. u. If the Board is an operating community selwices board, provide mutually-agreed upon consultation and technical assistance to the Board of Directors when it recruits and selects anew executive director; This consultation helps the Department to fulfill human resource management assurances, whichit provides to funding sources, and to confn-m ~e Board's compliance with such assurances, which it makes in this perfor- mance contract.~ This consultation and assistance includes reviewing and, where appropriate, suggesting revisions of the position description, job advertisements, application screening process and criteria, intervieW process and questions, selection procedures, and selection history file. If the Board is an operating board, review the current position description, salary range, and advertisement for the executive director's position when it becomes vacant, puxsuant to § 37.1-197 of the Code of Virginia, and advise the Board of the results of this review. If the Board is an administrative policy board, review the current position description and advertisement when the executive director's position becomes vacant for adherence to the minimum qualifications required by §. 37.1-197 of the Code and advise the Board of the results of this review. 12. 5-8-98 FY 1999 Community Services Board Performance Contract v. Working cooperatively with the Board, participate in managed care planning, projects, and initi~/tives enacted by the General Assembly. Develop and implement plans, in cooperation with the Board, for the state hospital census management/managed care projects authorized by Item 347 in the 1998 Appropriation Act. Participate in regional and statewide managed care planning, projects, and initiatives developed and imple- mented jointly with the Board, as opportunities arise for such activities, including thos - associated with the $oint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation, and Substance Abuse Services. w. Provide guidance to the Board about and sponsor the development and implementatio~ ora standardized management information system, as staffresources are available, tha is capable of producing encounter and outcome data. Comply with applicable confidentiality and privacy protection statutes, roles, and regulations, including the provisions of § 37.1-I97, subdivision 16, of the Code of Virginia, and disseminate infomiation to the Board about confidentiality. Provide opportunities and mechanisms for consumers of services in the community an, in state facilities, family members, and other advocates to participate meaningfully in sexvice planning and implementation, policy development, and decision making. Monitor and assist the Board's efforts to assist local government compliance with the provisions in § 37.1-195 of the Code of Virginia regarding consumer and family member appoinmaents. Develop and implement, with input fi:om the Board~ consumer and family satisfaction survey instruments, receive and analyze survey results provided by the Board, and provide the results of this analysis to the Board. 8. SEVEP~II,ITY-. Each provision of this agreement is severable f~0m the entire pefforman, c contract and the remaining provisions shall nevertheless remain in effect if any provision i declared invalid. 9. COLLATERAL CON'I'RACTSo Where any inconsistency exists between this performance contract and provisions of collateral contractual agreements that are made a part of this con.tract by reference or otherwise, the provisions of this contract shall contxol. 10. TERMINATION. This contract may be.ternfinated under the following circumstances: a. The Department may t~twinate this contract in whole or in part immediately if funds appropriated for this activity are permanently revoked or terminated by thq. Governor, General Assembly, or federal government at any time during the contract period. In 13. 5-8-98 FY 1999 Community Services Board Performance Contract this situation, all or some of the obligations of the Department and the Board under this contract shall cease immediately. In accordance with § 37.1~198 of the Code of Virginia, the Department may terminate all or a portion of this performance contract, after unsuccessful use of the remediatioa process described in paragraph 10.c of this contract and after affording the Board an adequate opportunity to use the following appeal process. As authorized by § 37.1-199 of the Code of Virginia, the Department may withdraw funds from the Board. This includes reductions of funds for non-compliance with Exhibit C of this conu'act. A written notice specifying the cause must be delivered to the Board chairman and executive director by certified mail return receipt requested at least 30 working days prior to the date of actual termination of the Contrgct or withdrawal of funds. Prior to the actual termination of the contract or withdrawal of funds, the Board must be afforded the Opportunity to address or appeal the termination or withdrawal u~ing the following appeal process. Within five working days of receipt of the termination or withdrawal notice from the Department, the Board submits a written request to the Commissioner's designee appealing the termination of the contract or the withdrawal of funds. Within five working days of receipt ofthi~ appeal request, the Comm/ssioner's designee appoints an impartial committee of at teast three and no mor~ than five individuals to hear the request. The committee may be comprised of an uninvolved representative from another Board, when appropriate; individuals from the Depart- ment who do not routinely work with the Board; and staff from the Board. The Department and the Board shall make a reasonable effort to agree on the appoint- ments to this committee. The Depa~.ment and the Board may also have other individuals present, who are not members of the committee, to offer i-¢ormation to the committee and to pro-ride legal representation for either party. 3. The hearing on the request is scheduled and theBoard is notified of the time at least five working days in advance. 4. The committee will forward its written findings and recommendations to the Commissioner for final action within 20.working days of receipt of the request. The Depaxtmental response to the appeal will be forwarded to the Board within 25 working days of receipt of the request appealing the termination of the contract or the withdrawal of funds. 14. 5-8-98 FY 1999 Community Services Board Performance Contract The Department agrees to compensate the Board for any services performed under this contract prior to the date of actual termination of the contract or withdrawal of funds. This provision is also applicable to subcontractors. The remediation process mentioned in § 37.1-198 of the Code of Virginia will be negotiated by the Department and the Board in response to the particular situation or condition identified by the DepaL%nent that may, ifunaddressed, result in termination of the contract.,. The details of this remediation process shall be included in Exhibit F with the description of the situation or condition and the performance measures that will document the resolution of the situation or condition. 11. COUNTERPARTS. This performance contract shall be executed in two counterparts, each . which will be deemed an original. IN WITNESS TI-IEREOF, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services Reqion Ten Community Services Board By: Name: Richard E.'Kellogg Title: Acting Commissioner Arthur B. Brown, Jr. Tide: Chairman Date: Date: 06/25/98 15. 5-8-98 Mental Health Services Summary: Performance Contract Page A1 Region Ten REVENUES FOR SERVICES DETAIL: 629,875 Mil General Funds Regional Deaf Services NGRI - Discharge Assistance 85,212 Waiting Llst Residential Care/SMl MH/SA Jail Services PACT 0 indiv. Serx~ce Pkgs. One Time General Funds 23,568 Residential Services Local Gov't: Contributions: In-Kind: Other Loca~ Direct Client: 93.500 Blue Cross: 9,625 Other insurance: 35,052 Medicare: 51,205 Medicaid SPO: 2,226,513 M!~dicaid Clinic: 193,700 Medicaid OBRA: Medicaid Other: 993 350,748 SSBG: CHAMPUS: 273 Courts: 10,000 DRS Client: 30.000 Schools: 7.500 Other Fees: 505,318 Transfer (To)From: FY 1999 COST OF SERVICES: 1. Personnel Expense: $3,337,088 2. Operating Expense $874,254 3. Program Support Exp.: $540,250 4. TOTAL Expenses $4,751,592 1,353 PATH PATH Housing SWVMH Board 77,400 FBG/SED C and A 174,999 FBG/SMI I64,533 Other Federal Restricted Federal Federal Retained Earnings One Time Federal Funds 0 AccessDemo Project 0 VA Comp Corem Care 0 Shelter Plus St. Retain Earnings 80,225 Other TOTAL REVENUES FOR SERVICES: STATE LOCAL FEES 738,655 350,748 3,163.679 FEDERAL OTHER TOTAL 418,285 80,225 4,75I .592 Mental Health Services Provided: 100 Emergency 310 Outpatient 320 Case Management 425 Rehabilitation 551 Supervised Services 581 Supportive Services 6/30/98 Form 16: 100 Mental Health Page 1 FY 1999 ~ Residential Care for Individuals with Serious Mental Illnesses CSB: Reqian Ten Service Information for Residential Care for Individuals with SMI Core Service Category/Subcategory No. Of Contract Static Consumers Units of Serv. Capacity 501 Highly Intensive Services 521 Intensive Services Bed 551 Supervised Services Be~ 581 Supportive Services 2'o JO1 1 3 FTI j TOTALS 2 o 40 Revenues for Residential Care for Individuals with Serious Mental Illnesses Core Service State Local Other TOTAL ' Category/Subcategory Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Supportive Services 85,212 85,212 TOTALS 85,212. 85,212 OCher Funds Revenue Detail (from preceding table) . .. Core Servtce · StateHouslng FederalHousing Other Other TotalOtk~ Category/Subcategory Assistance Assistance Funds Funds 501 Highly Intensive Svcs 521 Intensive Services 551 Supervised Services 581 Supportive Services · TOTALS Form 16: 100 Mental Health Page 2 FY 1999 Residential Care for Individuals with Serious Mental Illnesses CSB: Reqion Ten Populations Served inResidential Care for Individuals with Serious Mental Illnesses Persons with SMI Other Core Service,, Consumers [ TOTAL Facility Community (e.g., CSA) Consumers Category/Subcategory · Discharges Wait List 501 Highly Intensive Services 521 Intensive Services 551 Supervised Servic~es , ~ 581 Supportive Services 5 15 20 TOTALS 5 15 / 20 Strategies for Implementing the Residential,Care for Individuals with SMI Core Service Category/Subcategory Supportive Services Implementation Strategies Individuals with SMI now awaiting rent subsidy and/or Mental Health Support Services but who do not qualify for Medicaid will receive priority for 10-I5 new Section 8 rent subsidies that Region Ten has secured. Residents will be )laced in supported apartments and receive the equivalent of mental health support services. Should any of these residents become eligible for Medicaid appropriate billing to Medicaid wil De made. Form 19: 100 Mental Health · Expanded Residential Services Page 1 FY 1999 _Reqion Ten Core Service Category/Subcategory I No. Of Contract ' Static Consumers Units of Serv. Capacity .. 50l Highly Intensive Services Beds 521 Intensive Services" Beds 551 Supervised Services Beds 581 Supportive Services 10 , , . ~ FTES Core Service State Local Other [ TOTAL Category/Subeategory Funds Match Funds [ Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Supportive Services 23,568 [ 23,568 TOTALS 23,568 23,568 Populations. ~o be Served by the Expanded Residential Service(s) For each residential services subcategorT, list the population(s) that will be served: 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Supportive Services Adults wiLh serious and persistan% mental illness and MI/SA dual diagnosis[' Fo~'m 19: 100 Mental Health Expanded Residential Services Page 2 FY 1999 CSB: Reqion Ten Strategies for. Implementing the Expanded Residential Service(s) Subcategory Implementation Strategies 501 Highly Intensive 521 Intensive Services 551 Supervised Services 581 Supl~Dr~vcScr~ces The opportunity to provide Mental Health Support Services for Adults (MHSSA) under Medicaid SPO Expansion will allow us to convert certain existing supportive housing services to MHSSA and to expand this service to new consumers. Aggressive outreach and close supports will enable us Lo serve consumers in their apartments with a,.higher level of effectiveness. Mental Retardation Services Summary: Performance Contract Region Ten REVENUES FOR SERVICES DETAIL: 437,939 MRGeneral Funds 85,087 ~Naiting List 11,416 Residential Services 8,612 New Family Support One Time General Funds 0 Early Intervention 0 Indiv. Service Pkgs. Direct Client: Blue Cross: Other Ins. Medicare: Medicaid SPO: Medicaid Clinic: Medicaid ICF: Medicaid Waiver: Medicaid OBRA: Medicaid Other: SSBG: Local Gov't: 236,553 CHAMPUS: Contributions: DRS Client: In-Kind: Other Local: Schools: Other Fees: f Transfer (To)From: Page A5 FY1999 COST OF SERVICES: 1. Personnel Expense: 2. Operating Expense 3. Program Support Exp.: 4. TOTAL Expenses $3~33,985 $1,010,190 $497,614 $5,241,789 286,019 3,587,613 5,000 Child Day Care 0 Feder~l Early Intervention 9,180 Other Federal Restricted Federal One Time Federal Funds 538,326 State Retained Earnings Workshop Sales 36,044 Other TOTAL REVENUES FOR SERVICES: STATE LOCAL 543,054 236,553 FEES 4,411,958 FEDERAL OTHER 14,180 36,044 TOTAL 5,241,789 Mental Retardation Services Provided: 320 Case Management 425 Rehabilitation 430 Sheltered Emp./Work Act. 521 Intensive Services 551 Supervised Services 581 Supportive Ser~mes 587 Family Support 620 Early Intervention 6/30/98 Form 28: 200 Mental Retardation Expanded Services/Waiting List Funds CSB: I*Y 199~ State No. Of Contract Core Service Category/Subcategory Funds, [ Consumers Units of Serv 100 Emergency Services 310 Outpatient SerVices ~ 320 Case Management 460 Supported Employment 475 Altemative Day Support Arrangements ~ 581 Supportive Residential Services 587 Family Support Services . [ . 610 Prevention Services NA 620 Early ~ntervention Services TOTALS - Core Service S*.ate No. Of Contract Static teg Ca ory/Subcategory Funds Consumers Units of Serv. Capad~ 501 Highly Intensive Services 521 Intensive Services S51. S~upervise(}, Sea-vices 425 Rehabilitation Service~ 430 Sheltered Employment 465 Supt. Employment-GrOup TOTAJ.,S Form 27: 200 Mental Retardation FY 1999 Early Intervention (Part C Funded ONLY) csB: Note: In all of the following tables, enter ONLY information related to the Part C program funded with state general and federal grant funds identified for Part C. Table 1: Early Intervention (Part C Only) Service Information · Consumer No. Of. Contract units Core Service Category Service FTEs Consumers of Service 620 Part C Early InterVention _ 620 Part C Early Intervention Table 2: Early Intervention (Part C Only) Costs Personnel Operating [ Program Core Service Category Costs · Costs I Supt., Cost Total Cost Table 3: Early Intervention (Part C Only) Revenues [ Part C Funds Local C, ov't Other Total Core Service Category State Federal Funds Funds .Revenues 620 Part C Early Intervention ' ' - Note: Revenue entries ia Table 3 for Part C State Funds md Pa~ C Fedex'al Funds should match those on the Mental Reta:r. darien Services Summaxy Table 4: Part C Local Interagency Coordinating Council Budgets Budget Category Budget Amount , The total budget mount should equal the Council Operations [ total amount of costs in Table 2 and the Direct Services total amount of revenues in Table 3 for the performance contract. For the 4th System Components quarter ,~port, the total budget amount Administration [ should equal the total costs in Table 2. TOTAL Form 28:200 Mental Retardation Expanded Services/Waiting List Funds FY 199 CSB: . Region Ten State No. Of Contract Core Service CategorylSubcategory Funds Consumers Units orS.e, I00 Emergency Services 310 Outpatient Services I 320 Case Managemefit 460 Supported Employment 475 Alternative Day Support Arrangements 581 Supportive, Residential Services ' ' 587 Family Support Setw/ces { 610 Prevention Services NA 620 Early .Intervention Services TOTALS Core Service State No. Of Contract Stati Category/Subcategory Funds Consumers Units of Serv. Capac 501 Highly Intensive Services 521 Int~sive Servicea 55I 8upc-rv{sed Sci-vices 55,057 2 668 2 425 Rehabilitation Services 30,000 4 4272 4 430 Sheltered Employment 465 Supt. Employment-Group . TOTALS 85,057 6 Form 29: 200 Mental Retardation Expanded Residential Services Page I FY 1999 CSB: Region Ten Core Service Category/Subcategory No. Of Contract Static Consumers Units of Serv. Capacity 501 Highly Intensive Services Bed 521 Intensive Serviceg Bed 551 Supervised Services 2 730 2 Bed 581 Supportive Services FTt TOTALS 2 7 3 0 ~ Core Service State Local Other TOTAL Category/Subcategory Funds . Match Funds Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 11,416 11,416 58[ Supportive Services TOTALS 11,416 ].1,416 Populations to be Served by the Expanded Residential Service(s) For each residential sexvices subcategory, list the population(s) that will be served: 501 Highly Intensive Services 52t Intensive Services 551Supervised Services Individuals living independently, but, in need of some support. 581 Supportive Services Form 29: 200 Mental Retardation Expanded Residential Services Page 2 FY 199~ CSB: Region Ten Strategies -for Implementing the Expanded Residential Service(s) Subcategory 501 Highly Intensive 521 Intensive Services 551 Supervised Services 581 Supportive Services Implementation Strategies Follow current waiting list policy. Pursue hiring of st~ff. Substance Abuse Services Summary: Performance Contract Region Ten REVENUES FOR SERVICES DETAIL: 751,429 SA General Funds Greenstreet Crisis Stabilization/Diversion 20,758 Residential Services MH/SA Jail Services SA Census Diversion One Time General Funds 0 Res A/D Tmt. Prisoners 0 Indiv. Service Pkgs. Local Gov't: Contributions: tn-Kind: Other Local: Direct Client: 58,702 Blue Cross: Other Ins. 2,500 Medicare: Medicaid SPO: Medicaid Clinic: 3,475 Medicaid Other: SSBG: SARPOS: 76,246 CHAMPUS: ASAP: Courts: DRS Client: Schools: 44,000 Other Fees: i46,000 Transfer (To)From: Page A9 FY1999 COST OF SERVICES: 1, Personnel Expense: $1,649,341 2. Operating Expense $535,633 3, Program Support Exp.: $162,753 4. TOTAL Expenses $2,347,727 181,583 SA Alcohol FBG 148,776 SADrug FBG 164,700 SA Primary Prevention FBG 56,258 SASARPOS FBG 58,378 SA HIVIAIDS FBG 80,000 FBG LINK- Treatment 20,000 FBG LINK- Prevention 30,846 SA SS1 Treatment FBG 12,513 Other Federal Restricted Federal Federal Retained Earnings One Time Federal Funds 0 HIV Counselors 0 Fed Res A/D Tmt. ]Prisoners 0 RBHA Res AfD St. Retain Earnings 491,563 Other TOTAL REVENUES FOR SERVICES: STATE LOCAL 772,187 76,246 FEES FEDERAL OTHER 254,677 753,054 491,563 TOTAL 2,347,727 Substance Abuse Services Provided: 100 Emergency 310 Outpatient 320 Case Managemem 501 Highly Intensive Services 521 Intensive Services 610 Prevention 6/30/98 For, m 39: 300 Substance Abuse Expanded Residential Services Page 1 FY 1999 CSB: Region Ten Core Service Category/Subcategory No. Of ' Contract Static Consumers Units of Serv. Capacity 501 Highly Intensive Services Beds 521 Intensive Services. 6 135 2 Beds 551 Supervised Services Beds 581 Supportive Services FTEs TOTALS 6 13 5 ~ Core Service State Local Other TOTAL Category/Subcategory Funds · Match I Funds Funds 50~ Highly Intensive Services 521 Intensive Services 20,758 2 0,758 551 Supervised Services 581 Supportive Services TOTALS 20,758 ,. 20,758 Populations to be Served by the Expanded Residential Setwice(s) For each residential services subcategory, list the population(s) that will be served: 501 .Highly Intensive Services 521 Intensive Services Adolescents. and adult~ in need of grea~me~ beds. 551 Supervised Services 581 Supportive Services Form 39: 300 Substance Abuse Expanded Residential Services Page 2 FY 1999 CSB: Region Ten Strategies for Implementing the Expanded Residential Service(s) Subcategory. Implementation Strategies 501 Highly Intensive 521 Intensive Services These funds will provide needed treatment services to clients after existing revenue sources are depleted. Existing funds are depleted for adolescents by %he end of the firs , first quarter and by the end of the second quarter for adults. 551 Supervised Services 581 Supportive Services Form 40 ADMINISTRATION - Performance Contract Page Al3 Region Ten BUDGET TYPE:Administration FY1999 TOTAL REVENUES 1. State Administration Fnnds: 2. Local Government: 3. Contributions: 4. In-Kind: 5. Other: 6. TOTAL local matching fnnds: 7. Fees: 8. State Retained Earnings: 9. Other miscellaneous revenues: 10. TOTAL REVENUE 266,436 86,830 0 0 0 86,830 0" 0 95,000 448,266 TOTAL COST 1. Personnel Expense: 2. Operating Expense: 3. TOTAL Expense: 4. Less Program Snpport Exp, 5. TOTAL Net Expenses: 260,435 I87,831 448,266 0 448,266 Report Date 6/30/98 Form 40 ADMINISTRATION - Performance Contract Page A13-1 Region Ten BUDGET TYPE: Program Support FY1999 TOTAL REVENUES I. State Administration Fonds: 2. Lc/cai Government: 3. Contributions: 4. In-Kind: 5. Other: 6. TOTAL local matching funds: 7. Fees: 8. State Retained Earnings: 9. Other mlscellaneous revenues: 10. TOTAL REVENUE TOTAL COST 1. Personnel Expense: 2. Operating Expense: 3. TOTAL Expense: 4. Less Program Support Exp. 5. TOTAL Net Expenses: 672,963 527,653 1,200,616 1,200,616 0 Report Date 6/30/98 Exhibit D Page D5 Region Ten LOCAL GOVEPdNMENT TAX APPROPRIATIONS Performance Contract City/County Nelson Coun~ Louisa County Greene County Fluvauna County Chartottesvilte City Albemarle County Tax Appropriation 40,000 87,672 44,080 36,000 298,714 243.911 FY1999 Total Local Government Tax Funds: 750.377 Report Date 6130/98 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY .... BOARD OF SUPERVISORS AGENDA TITLE: Virginia Public School Authority SUBJECT/PROPOSAL/REQUEST: Request adoption of a resolution approving the filing of an application to the Virginia Public School Authority for a loan in a principal amount not to exceed $7,600,000. STAFF CONTACTIS~: Messrs. Tucker, Huff, Castner, Breeden AGENDA DATE: September 2, 1998 ACTION: X CONSENT AGENDA: ITEM NUMBER: INFORMATION: BACKGROUND: ACTION INFORMATION: ATTACHMENTS: Yes REVIEWED BY: Funding for the FY 1998/99 Capital Improvement Budget anticipated the issuance of $4,245,000 in bonds through the Virginia Public School Authority (VPSA) for various school projects and an additional $3,000,000 was also approved for construction of the Piedmont Regional Education Facility. DISCUSSION: Participation in the bond issue requires both the School Board and E~oard of Supervisors to pass a resolution authorizing application to VPSA. It is anticipated at this time that the School Board will pass the resolution at their meeting on August 24, 1998 and the Board of Supervisors on September 2, 1998. The required application has already been submitted to VPSA by their September 2, 1998 deadline. A number of actions (resolutions, public hearings, approvals) will be required between now and November 1998 to meet the requirements of VPSA and to maintain their time schedule. The required documents will be submitted to you as received by the Director of Finance from the County's bond counsel. Please note that the authorization maximum being requested is $7.6 million, which is approximately 5% more than the principal amount of the bonds required. Representatives of VPSA are considering new methods of structunng local bond financing, including the possibility of allowing original issue discount bonds, and have advised us to ad(~ a 5% cushion to the amount authorized. RECOMMENDATION: Staff recommends the passing of the resolution authorizing and ratifying the application to VPSA. 98.164 At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 2nd day of September, 1998, at the time and place established by such Board for its regular meetings, in accordance with Section 15.2-1416 of the Code of Virgiula of 1950, as amended, at which the following members were present and absent: PRESENT: ABSENT: the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBERS VOTE RESOLUTION RATIFYING THE FILING OF AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,600,000 WHEREAS, the Board of Supervisors (the "Board"l of Albemarle County, Virginia, (the "County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and desirable for the County to undertake various capital improvements for its public school system; and BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board hereby ratifies the filing of an application with the Virginia Public School Authority for a loan to the County in a principal amount not to exceed $7,600,000 to finance various capital improvements for its public school system. The actions of the County Executive, in collaboration with the other officers of the County and the Albemarle County School Board, in completing and delivering an application to the Virginia Public School Authority are hereby ratified. 2. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virgima, certifies that the foregoing constitutes a tree and correct extract from the minutes of a regular meet'mg of the Board held onthe 2nd day of September, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this day of September, 1998. (SEAL) Clerk of the Board of Supervisors, Albemarle County, Virginia At a regular meet'mg of the Albeuuarle County School Board held on the 24th day of August, 1998, at the time and place established by such School Board for its regular meetings, at which the following members were present and absent: PRESENT: Mr. John E. Baker. Mr. Stephen H. Koleszar, Mr. Charles M. Ward, Mrs. Diantha H. McKeel, Mrs. Susan C. Gallion, R. Madison Cummings, Jr., and Mr. Jeffrey D. Joseph. ABSENT: None. The following of the School below: resolution was adopted by the affirmative roll call vote of a majority of all members Board, the ayes and nays being recorded in the minutes of the meeting as shown MEMBER VOTE 1. lorn E. Baker AYE 2. Stephen H. Koleszar AYE 3. Charles M. Ward AYE 4. Diantha H. McKeel AYE 5. Susan C. Gallion AYE 6. R. Madison Cummings, Jr. AYE 7. Jeffrey D. Joseph AYE RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,600,000 AND REQUESTING AND CONSENTING TO THE ISSUANCE OF SCHOOL BONDS V/HEREAS, the Albemarle County School Board (the "School Board") has determined that it is necessary and desirable for Albemarle County, Virginia Ithe "County"), to undertake various capital improvements for its public school system; BE IT RESOLVED BY TIlE ALBEMARLE COUNTY SCHOOL BOARD: 1. The filing of an application to the Virginia Public Schoul Authority for a loan to the County in a principal amount not m exceed $7,600,000 to finance various capital improvements to the County's public school system is hereby authorized. The School Superintendent, in collaboration with the other officers of the School Board and the County, is authorized and directed to complete such application and deliver it to the Virginia Public School Authority. Page 2 2. The School Board (a) requests, pursuant to Section 15.2-2640 of the Code of Virginia of 1950, as amended (the "Code"), that the Board of Supervisors of the County issue 1ts general obligation school bonds in an aggregate principal amount not to exceed $7,600,000 (the "Bonds") for the purpose of financing various capital improvements to the County's public school system and (b) consents, pursuant to Section 15.2-2638B of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 3. The Clerk of the School Board is authorized and directed to cause a certified copy of this resolution to be delivered to the Clerk of the Board of Supervisors of the County. 4. This resolution shall take effect immediately. The undersigned Clerk of the Albemarle County School Board certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the School Board held on the 24th day of August, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Albemarle County School Board this 25th day of August, 1998. Clerk, Albemarle County School Board (SEAL) COUNTY OF ALBEMARI E MEMORANDUM TO: FROM: DATE: RE: John Miller, Chief of Police Ella W. Carey, CMC, Cler~C-~ September 14, 1998 Law Enforcement Block Grant At its meeting on September 2, 1998, the Board of Supervisors held a public heating on the expenditure of Law Enfomement Block Grant funds in the mount of $44,340 awarded by the Department of Justice m Albemarle County to be used for enhanced neighborhood policing in the Esmont and Scottsville areas. Following the public hearing, the Board authorized the County Executive to execute the appropriate documents for this grant. /ewc CC: Robert W. Tucker. Jr. Richard E. Huff, II David Shaw COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Law Enforcement Block Grant Award SUBJECT/PROPOSAL/REQUEST: Public Headng on Expenditure of Block Grant Funds STAFF CONTACT(S): Messrs. Tucker, Huff, Shaw, Chief Miller, AGENDA DATE: September 2, 1988 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: No BACKGROUND: The Department of Justice has awarded Albemarle County $44,340 in federal funding with a required local cash match of $4,926 for a total of $49,266 available funds for a public safety initiative. This funding is for the two-year period of FY98 and FY99. DISCUSSION: The purpose of the grant program is the reduction of crimes and improving public safety. The funding formula is based primarily on our part I Uniform Crime Report offenses over a three year average. These grant funds may be used in the following areas: Law enfomement support for hiring, training and employing on a continuing basis new, additional law enforcement officers or support personnel. If new personnel are hired there must be a net gain over the unit of local government's current appropriated budget, in the number of law enforcement officers who perform non-administrative public safety service. Paying overtime to presently employed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel. Establishing cdme prevention programs involving the cooperation between community residents and law enforcement personnel to control, detect, or investigate cdme or the prosecution of criminals Procuring equipment, technology, and other material directly related to basic law enforcement functions. Staff has recommended using these grant funds for overtime to current officers concentrating in southern area of the county. The Esmont community is an area in the county that we have identified as having a number of order maintenance and crime issues that need to be addressed. The area is small enough that the impact of any additional police presence should be recognized by the citizens of the community and have an effect on crime and public safety in the area. In addition, the Scottsville area would benefit from the increased presence of an officer. AGENDA TITLE: Law Enforcement Block Grant Award September 2, 1998 Page 2 Our concept is to utilize one officer on a part time basis to be assigned to the Esmont and Scottsville areas to provide a part time neighborhood police officer. The grant funding would be used to provide overtime coverage to re-staff for shortages causes by remowng this officer from the patrol shift or investigations division. The neighborhood officer would be assigned to answer calls in the area, when on duty, and to conduct or assist with all follow up cases in the area. The officer would also be assigned to deal with any neighborhood problems and be a liaison for the community with the police department. We also envision locating a neighborhood police station in the community and staffing it during some hours so citizens could come to a safe environment and speak with an officer about any concern they may have. Duties would include: Liaison with all TEAM area schools: churches; civic associations; senior groups; neighborhood watches; Southern Albemarle Organizations; and public safety committee chairpemon (Town of Scottsville identity and meet all community leaders in TEAM area Random vehicle, bicycle and foot patrols in TEAM area, especially Scottsville. Concentrate on meeting people, even door to door visits with businesses and residents in area. Handle all follow-up investigations assigned in the TEAM area. GRANT APPLICATION PROCESS The following requirements must be met prior to expending any grant funds: At least one public hearing must be held regarding the proposed use of Block Grant funds p~or to the obligation of any funds received. Steps should be taken by the unit of local government to encourage the fullest possible pa~cipation in the public hearing. Prior to the obligation of any funds received under the Block Grants Program, the unit of local govemment must establish or designate an advisory board that includes the following representation: Local law enforcement Agency Local prosecutors office Local court system Local public school system Local nonprotit group (eg. Education. religious, or community) active in crime prevention or drug use prevention or treatment) This existing appointed board, which acted upon a similar grant last year. would give a non-binding recommendation to the County Executive on the use of the funds and grant proposal. RECOMMENDATION: Staff recommends that, following the public hearing, the County Executive be authorized to execute the appropriate documents for the grant. 98.181 FAX TRANSMITTAL TO Dana Hubbard FROM Laurie Hall CO Daily Progress CO Albemarle County DEPT Classified PHONE # 296-5843 FAX # 978-7223 FAX # 296-5800 September 2, 1998 $CLASS,MonAd,AlbemarleCounty PUBLIC NOTICE Albemarle County Board of Supervisors ..Notice is hereby given that the Board of Supervisors of the County of Albemarle, Virginia, will hold a public hearing on 1998, at 10:00 a.m. ~n Room 241 of the Albemarle County Office Building, to receive public comment on the use of a Law Enforcement Block Grant in the amount of 944,340 awarded by the Department of Justice to Albemarle County proposed by the County to primarily be used for enhanced neighborhood policing in the Esmont and Scottsville areas. ...Anyone desiring further information about the above petition, please contact the County Department of Planning & Community Develcpment, Second Floor, County Office Buildiog, or telephone 296-5823 ...Reasonable accommodations will be provided to persons with disabilities, if requested. Please call 296-5827. Ella W. Carey, Clerk, CMC Bill to: Albemarle County Account Number 204066 Purchase Order #A-1729 Date: August 13, 1998 Date Run: August 17 & 24, 1998 Do not include this in ad: FAX'd on ~//b/~'o¢ at ,'~ :~)~ ~.m Initials: (date) (time) COUNTY OF ALBEMAR! JE MEMORANDUM TO: FROM: DATE: RE: · lack M. Kelsey, Chief of Engineering Department of Engineering and Public Works Ella W. Carey, CMC, Clerk~'~-~ September 14, 1998 Southside Shopping Center Temporary Easeme~it At its meeting on September 2, 1998, the Board of Supervisors held a public hearing on a request m grant a temporary easement to the developer of the Southside Shopping Center to construct a temporary erosion control basin for the proposed development. Following the public hearing, the Board authorized the County Executive to execute the easement after all legal issues with the developer have been resolved. /ewe cc: Robert W. Tucker, Jr. Richard E. Huff, Bill Mawyer COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Southside Shopping Center Temporary Easement SUBJECT/PROPOSAL/REQUEST: PubLic Hearing for the temporary construction easement request. STAFF CONTACT(S): Messrs. Tucker, Huff, Kelsey AGENDA DATE: September 2,1998 ACTION: X ITEM NUMBER: INFORMATION: INFORMATIO~ CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: DISCUSSION: The Southside Shopping Center is a "Planned Development - Shopping Center" located on the east side of the intersection of Mill Creek Drive and Avon Street. The development currently has an approved Erosion & Sediment Control plan for rough grading the site occupying the southeast corner. To address the concems and comments from both the County and VDOT, the developer located their pdmary entrance (Mill Creek Drive) close to the rear property line and as far from Avon Street as possible. Due to this layout and the site topography, the erosion control basin for the project must be constructed at the location of the pdmary entrance. Erosion control regulations require that the basin remain in place until the site improvements are constructed and all disturbed areas are stabilized. Only then could the basin be filled and the primary entrance constructed. Such sequencing of the construction is more complicated and has been done on other sites. However, it requires the stockpiling of fill matedal onsite, which may not be possible in this case. The temporary easement will allow the developer to construct the necessary sediment basin offsite, thereby allowing them to rough grade the pnmary entrance with the rest of the site. Granting the easement will not have an impact on the County's ability to develop the property in the future. However, the construction activity will remove trees that would normally serve as a buffer between the County property (zoned R15) and the shopping center (zoned PD-SC). Should the BOS decide to grant the easement, staff recommends that it be conditioned on the easement being replanted with the quantity of trees (4' - 5' high) necessary to restore the buffer. RECOMMENDATION: Following the required public hearing= staff recommends that the County Executive be authorized to execute the easement once all legal issues with the developer are resolved. 98.180 - ROUDABUSH~ GgI.~ & ASSOC., INC. ROUOABUS~I. ;' Jack Kels-ey, P.E. ~'' "' County ofAlb~narle" Depfa lauent o£Engi~eering . '401 MclntireKoad - Charlottesville, VA 22902 Re: South Side Shopping Center Dear Mr. Kelsey: . By acting as the site planner and agent for I-Iillcre/'t, L.L.C;, we are requesting a Temporary Construction Easement on a portion of Parcel 2, Tax Map 91 where it adjoins Parcel 2D, Tax Map 91 on the south side of the. newly constructed ~ Creek Drive. The purposeTor the easement is to construct an erosion control sediment basin which will be below the fall for the road and building pads to be constructed on this site. The vegetation is primarily 12-15 year old pine with very thick underbrush in the area of the proposed basi~ At the end of construction, this area would be regraded and seeded. By granting this request, I believe it would allow us to design a sediment basin at the best. location to control the erosion fi:om this construction site. We respectfully re/tuest that this be presented tothe Board of Supervisors on our behalf.. If the~e are questions please con. ct me. Sincerely, , David~L: Collin.% L.S. DLC/tr TO Dana Hubbard FROM Laurie Hall CO Daily Progress CO Albemarle County DEPT Classified PHONE # 296-5843 FAX # 978-7223 FAX # 296-5800 September 2, 1998 ~CLASS,MonAd,AlbemarleCounty PUBLIC NOTICE Albemarle County Board of Supervisors ..Notice is hereby given that the Board of County Supervisors of Albemarle County, Virginia, will conduct a public hearing on September 2, 1998, 10:00 a.m., Meeting Room #241, Second Floor, County Office Building, 401 Mclntire Road, Charlottesville, ¥irgima, to receive public comment on a request to grant a temporary easement to the developer of the Southside Shopping Center to construct a tern porary erosion control basin for the proposed development. ..Anyone desiring further information about the above petition, please contact the County Department of Engineering and Public Works, Second Floor, County Office Building, or telephone 296-5816. .,,Reasonable accommodations will be provided to persons with disabilities, if requested. Please call 296-5827 Ella W. Carey, Clerk, CMC Bill to: Albemarle County Account Number 204066 Purchase Order #A-1733 Date: August 21, 1998 Date Run: August 23, 1998 Do not include this in ad: Initials: (date) (time) AHIP Albemarle Housing Improvement. Program: $'m,¥r~:¢m: P,.^N 1998 AHIP STRATI~OlC PLAN 1 STRATEGIC PLAN The Albemarle Housing Improvement Program (AHtP) is a private, nomprofit housing and community development organiTatien dedicated to assisting Iow income Albemarle County residents have the oppommity to live in safe. decent, and affordable housing. AI-IIP would like to continue its work in facilitating its specifically developed programs and services, as described in its Mission Statement, "Strategic Plan, 1995", and assisting low income families and individuals to acquire an/or maintain a home. AHIP is a private corporation that was created and organized under Section 13, 1-}02 of the Law of the State of Virginia on May 6, 1975. AH]P derives its non-profit status from Section 501 (c)(3) of the Internal Revenue Code. AHIP was organized to '~promote, develop and encourage activities end means to ameliorate the housing needs of disadvantaged persons." Sin~ its Inception, AHIP has had four major objectives: m assist low income families in substandard housing by rehabilitating houses to safe, decent and sanitary conditions; to upgrade the quality of life of Iow income families through f'mancial and home mainteaaance counseling; m promote home ownership; to broaden the cc ........ mity's understanding of housing problems and solutions. AHIP noW administers the following current housing programs: HOUSING REItABILITATIONi Through the Rehabilitation Program, AHIP assists low income families - to make long lasting repairs and improvements to their homes. Each rehabilitation project performed ensures thehome is in compliance with the HUD Minim~lm Propolty Standard. In addition to providing technical assistance in regard-to the actual construction work to be performed, AHtP provides Outreach Counseling to each client family. AH~ Outreaoh assists clients to resolve problems that may inhibit job progress (family, legal, credit ) then works with the family to secure necessary financing. Outreach also counsels each family in regard to the long term care and mai~enance of their home. During FY 98 AHIP expects to complete 30 rehabilitation projects in Albemarle County and 15 in the City of Charlottesville. EMERGENCY HOi~ REPAIR PROGRA/~: Established in 1987, the AHIP Emergency Repair Program assists qualifying families to repair structural defects that place either the occupant of the structure in imminent danger. Typically, recipients of emergency repair services are referred to the Rehabilitation program for future comprehensive rehabilitation assistance. Currently, tttis program operates only in Albemarle County. In FY 98 AH1P anticipates completing 75 emergency repair projects. 3. NEIGHBORS/NEW CONSTRUCTION PROGRAM: The Neighbors Program was established in 1991 AHIP STIAT~O~C PLAN 2 as a collaborative effort with the Charlottesville Homing Improvement Program and the Charlottesville Housing Foundation. The purpose of the NeighborsfNew Construction Program is to provide a safety net for clients who. for one reason or another, cannot qualify for existing rehabilitation, emergency r~palr 6r home ownership program~. Typically, recipients have ve~ low income and live in housing that is too deteriorated to be saved by rehabilitation or emergency repair. This program utilizes whatever conventional resources AltlP (or sponsoring agency) may have available, and supplements them with volunteer labor and in-kind resources. During FY 98 the Neighbors Program anticipates completing two new construction projects, two reconstruction projects, four rehabilitation projects, and will work on numerous emergency repair and traditional rehabilitation projects in order to achieve cost savings with volunteer labor. HOME OWNERSHIP PROGRAM: Established in 1991, the Hume Ownership Program assists qualifying families purchase their first home. AHIP accomplishes this in v0vo ways: AHIP works cooperatively with the Albemarle County Housing Counselor to locate affordable existing homes for families who appear to be eligible to purchase a home. Then, AHIP assists those families secure necessary financing through conventional sources, or other available special program~. In recognition that there are a limited number of homes classified as "affordable" for low income families, AHIP acts as the General Contractor (see New Construction Program above) for families wishing to build new homes. AHIP applies its non-profit services and volunteer labor, in order re build and sell homes for significantly less than for-profit organizations. By combining AHIP's "at cost" building services with special mortgage financing offered by the state and federal government, AHIP has been successful in assisting eve~ ve~ low income families acquire their first homes. During FY 98, it is projected that four families will be assisted by AHIP providing Housing Counseling services, and two families will be served in conjunction with the Neighbors/New Construction Progran~ RENTAL HOUSING PROGRAM: Through its Rental Housing Program: AHIP acquires/builds housing and then rents the Unitsto Iow income families at a rate of no more than 30% to their income. As a Community Housing Development Organi2ation, AHIP applies special Iow/no interest financing available in order to keep its costs low and the units affordable. AHIP priorities these units fur participants in the City and Count]/s Family Self*Sufficiency Programs and the City and County Homebuyer's Club. AHIP's ultimate goal with its Rental Housing Program is to provide safe, decent and affordable rental housing for families while they work towards serf-sufficiency and unassisted rmtal housing or home ownership. During FY 98 AI-IIP hopes to purchase/rehabilitate and/or build 8 units throughout Albemarle County and the City of Charlottesville. TRANSITIONAL HOMES FOR VICTIMS OF DOMESTIC ABUSE: [Projected date of commencement, Winter 1998] These are homes that will be built for the purpose of temporarily housing victims of domestic abuse: AHIP plans on supplying the housing for victims while they receive suppor~ services and couuseling in conjunction with tha Shelter for H~lp in Emergency. Residents of this honsing stay until they can transition into serf-sufficiency. Prellmlnary plannlng for this project began in the Spring of 1997, and bas been ongoing. It is anticipated that Al-liP and SHE will finalize the program design in late winter of 1998. In addition, it is anticipated that site studies on the initial site will conclude daring the winter/spring of 1998, and funding for the project sought toward the end of the FY 98. Preliminary studies indicate the potential site is appropriate for 8 townhouse units. HOUSING INVESTMENT USING FEDERAL LOAN INCOME, HOUSE TAX CREDIT: [~rojected date of commencement, 1998] AHIP will buy a 16 unit family subdivision on land situated in Croz~e~ with plans on renting the houses up to 15 years and then selling the houses after the 15 year perio&¥,~The intention is that this program will pay for itself over the 15 year time frame. Unlike any of its other~hort term programs, this program will expand AH1P's financial potential to include long range investments into its monetary planning. AHIP STaAT~GtC PLAN 3 o SELF-HELP HOUSENG PROGRAM: [Projected date of enmmencement, 1998] This program was initiated bythe Rural Development Assembly (formerly known as the Farmers Home Agency) and its purpose is to provide'technical assistance and ennstmction supervision to participants wishing to build their owe homes~ This program lowers the cost of building homes by the families contributing their "sweat equity". During FY 98, AHIP will.continue to provide Housing Counseling services to poten~ participants while an appropriate site is located. AHIP's goal is to locate a site early ia 1998 with construction re commerce approximately mid 1998. AHIP has had recorded success with this type of program as shown previously in 1981 [Bishop Hill] when AHIP became the fast housing program in Virginia to ever successfully complete a self-help housing program. AHIP is Currently staffed as follows: EXECUTIVE DIRECTOR [Theresa Tapscott]: The Executive D/rector administers AHIP programs and provides general management to the corporation, onder the direction of the AHIP Board of Directors. Our current director has been with the program for twerty years. FISCAL ACCOUNTANT [Penny Drumheller]: The Fiscal Accountant is responsible for the day to day financial maintenance of the COrporation in accordance with established AHIP policy. The Fiscal Accountant is directly supervised by the Executive Director. ADMINISTRATIVE ASSISTANT [Lynne Sprouse ]: Tho Administrative Assistant performs a wide variety of specialized clerical and secretarial duties. ASSOCIATE DIRECTOR [Jane Andrews]: The Associate Director is responsible for general management and implementation of the County rehabilitation program. The Associate Director supervises County Outreach Staff, the Estimating Staff; and the Emergency Repair Coordinator. In addition, the Associate Director carries a case load of rehabilitation clients and assumes the responsibilities of the Executive Director during his/har absences: ASSOCIATE DIRECTOR/HOUSING SPECIALIST [Joyee Dndek]: The AHIP Housing Specialist is responsible for Outreach Activities in the City of Charlottesville (as described previously). The Housing Specialist works closely with the Executive Director on rental housing and new conshmction development activities. The Housing Specialist also condac~s all First Time Home Buyer activities in both the City of Charlottesville and Albemarle County. OUTREACH WORKER [Janiee Carey]: The Outreach Worker is responsible for working with low income home owners in Albemarle County to assess their housing rehabilitation necds, and develop and implement strategies for effecting solutions. The Outreach Worker works closely with the Associate Director, Estimators, Neighbors Coordinator, Emergency Repair Coordinator. The Outreach Worker is supervised by the Associate Director. ESTIMATORS [Deborah Brown, Joseph Pritt, Lee Miller]: The Estimators are responsible for prcpanng work write-ups and estimating rehabilitation job costs with written, detailed specifications, in compliance with applicable County and HUD Section 8 codes. The Estimators are also responsible for procurement of contractors and supplies, as well as progress inspections dating the construction phase. Estimators work closely with Outreach personnel, the home owner, and contractors. The Estimators are also supervised by the Associate Director in the County and the Housing Specialist in the City. EMERGENCY REPAIR COORDINATOR [Thomas Carter]: The Albemarle County Emergency Repair Coordinator is responsible for overall coordination of the Emergency Ropair Progran~ Responsibilities include client intake and verificahon of eligibility as well,as hands on AHIP STRATgOIC PLAN o coordination/performance of repair work. The Emergency Repair Coordinator works closely with Rehabilitation Outreach staff to ensure continuing needs of clients are met. The Emergency RepaiY~ Coordinator is supervised by the Outreach Director. NEIGItBORS COORDINATOR [Margnret O'Reflly, Mark Greenfield]: The Neighbors Coordinator xs responsible for the overall coordination of the Neighbors/New Construct/on Progra~ Responsibilities include client intake and verification of eligibility, as well as all aspects of the construction phase including write-ups, estimates, procurement, and inspections. The Neighbors Coordinator works closely with Outreach and Estimating Staff and the AHIP Executive Director. The Neighbors Coordinator is supervised by the Executive Director. 10. RESEARCH ASSISTANT [Bill Singleton]: The Research Assistant works with Outreach staff to complete informal rifle search/documentation activities. In addition, the Research Assistant works in the Albexnarle County Real Estate Assessor's offico to compile data regarding the housing quality in Albemarle County. 11. PUBLIC RELATIONS CONSULTANT [Beatrice Evangelism]: The Public Relations Consultant is responsible for the coordination of all activities related to Public Relations and Fund Raising events. 12. SELF HELP HOUSING COORDINATOR [Bobby,Le (Volunteer)]: Ctwrently a volunteer position, the Self Help Housing Coordinator works with other Al-liP staff members to develop the Self Help Housing Program Design and coordinate all activities related to participant recruitment and selection. 13. CONSTRUCTION PERSONNEL: AI-IIP currently employs three construction crews, each consisting of a Crew Leader, a Carpenter, and a Helper. In addition, AHIP employs a Plumber/Electrician Apprentice and Helper. BOARD OF DIRECTORS: Commmlity participation and accountability are provided by AHIP's diverse and broad based Board of Directors. The Board consists of 18 individuals who set policy and are responsible for continued funding, as well as dealing with political and technical questions not in the province of staff. Board meetings are open to the public and the public participation and input are welcomed and encouraged. 1998 BOAR9 oFD~RECTORS: (NovEE'HIER 1997) Nicholas E. Munger President Wade Tmmblay Vice-lh'esident Lorraine N. Whitely Treasurer Nancy Barnett Vito Cetta Vivian Coles Barbara Fried Lawrence M. Herbert Susan Ketmn Ginnie McDonald Albert Murray Edith Peoples Yvette Pleasants Joyce Scuffham Donna Shaunes~y Herman White City of Charlottesville Representative (two vacancies) AHIP's Board of Directors have established the following committees in order to ensure ongoing involvement and accotmtab~t% STRATEGIC PLAN EXEOJTnm COMMrrr~E: Consistiug of the Officers of the Corporation and at least three at large members appointed by the full Board. The Executive Committee is responsible for dealing with policy issues not within the realm of staff on an "as needed" basis. 1998 EXEC~'HvE COMMITI~E: Nick Munger -Chak Wade Tremblay Lorraine N. Whkely Nancy B~o~ B~b~ Ffi~ G~uu~e McDon~d Ci~ R~re~afive ~sa Tapsco~ -St~ PERSONNEL COMMHTt:E: The Personnel Commlttee is responsible for establishing policies and maintaining a Personnel Manual to ensure fair policies, employer/employee respOnsibilities, pay scales, benefits and grievance procedures. Also, the Personnel Committee is responsible for interpreting the Personnel Policies established by the Board when questions arise. 1998 PERSONNEL COMann'rr[E; Donna Shannesey -Chair Yvette Pleasants Vivmn Cole Joyce Sanffimm Lon'alne Whitley Theresa Tapscott -Staff REAL ESTATE COI~]I~IlI-II~E: The Real Estate Committee works closely with staff to determine the feas~ility of the sale, purchase, leasing of property, and/or participation in joint Real Estate ventures. 1998 REAL ESTATE COMblITI*EE: Larry Herbert -Chair Wade Tremblay Vito Cetta Nick Munger Joyce Scuffham Theresa Tapscott -Staff PROPERTY MANAG~ COMbltTfEE: The Property Management Committee recommends policy regarding the management, tenant selection, and maintenance of all AHIP rental properties. In addition, the Property Management Committee closely monitors financial matters related to rental property and ensures Fair Housing. 1998 PROPERTY MANAGEMENT COMMI'rrEE: Wade Tremblay -Chair Ginnie McDonald Vivian Cole Nancy Barnett A1 Murray Theresa Tapscott -Staff Janice Carey -Staff OUTREACH COMMITTEE: The Outreach Committee is responsible for working with staff to prioritize requests for service based on the Board-approved selection criteria. Also. the Outreach Committee workq with staff to resolve difficult Outreach related situations as they arise. AHIP ST~ATEOtC ELaN § 1998 OUTREACH COMMITTEE: Al Murray -Chair Yvette Pleasants Donna Shaunesey Nancy Barnett Vivian Cole Edith Peoples Herman White Jane Andrews -Staff FINANCE COMMlrrt~: Chaired by thc Board Treasurer, the Finance Committeo is responsible for working with staff to ensure the ongoing financial health of the organization. 1998 FINANCE COMMrrr~E: Lorraine N. Whitely -Chair Ginnie McDonald Joyeo Scuffitam City Representative Kim Smith -Staff Theresa Tapseott -Staff NOlVI~ATING COMMITTEE: The Nominating Committee is responsible for recruiting members to serve on the Board when vacancies occur. The Nominating Committee is also responsible for periodically reviewing committee strncture and membership, and recommending changes when necessary. The Nominating Committee annually submits a slate of Board Members for the Annual meeting. 1998 NOIVliNATING CoM]m'rr~ (adhoc): Theresa Tapseott -Chair Donna Shaunesey Nancy Barnett ~rND-RAISING/PUBLIC RELATIONS: The Fund Raising/Public Relations Committee is responsible for recommanding and overseeing all activities related to Fund Raising and Public Relations. 1998 FUND-RAISING/PIIBLIC RELATIONS: Vito Cetta -Chair Lorraine N. Whitely Joyeo Scuffham Barbara Fried Lau-y Herbert Ben Evangelism -Staff Theresa Tapseott -Staff 9. CROZET CROSSI~G HOUSING TRUST FUND: Nick Munger 10. 1998 ALBEMARLE COUNI~ HOUSING TRUST FUND: Nick Monger VII.FUNDING The attached budget outlines the AHIP Budget for the FY 9%98. Funding sources anticiparedfor the years are: [. ALBEMARLE COUNTY: Albemarle's annual appropriate to support AHIP operational base. 2. CITY OF CHARLOTTESVILLE: Charlottesville's appropriations to support AHIP operational base. 3. ADMINISTRATIVE FEES: Fees earned from funding sources for providing services (Indoor Plumb'rog, HOME Consortium, Counseling Fees). 5. 6. 7. 9. 10. i1. 12. 13. 14. 15. Al-liP STRATEGIC P~'q 7 CONSULTING FEES: Fees earned by providing technical assistance to other regional housing agencies. RENTAL INCOME CONTRIBUTIONS: Funds contributed by private individuals/businesses/civic organizations. CI-IDO SUPPORT: Administrative funding available to State approved C/lDO for project developmqar activities. CONSTRUCTION REVENUE: Revenue earned on construction projects in excess of expenses. CITY CDBG: Construction fonding for City Rehabilitation projects. PDC HOME: Construction funding for County Rehabilitation projects from the Regional HOME Consortim VHPF IPR: Virginia Housing Partnership Fund Indoor Plumbing Funding available for indoor plumbing projects in Albemarle County on a case by case basis. CLIENT CONTRIBUTION: C1/ent savings or loans to pay for rehabilitation/new construction activities. VHPF EHRP: Virginia Housing Partnership Fund Emergency Home Repair Program flmding to pay constmctiun costs related to emergency repair projects. CHDO (HOME): Funding available to AHIP for projects which it owns. sponsors, or develops. PRIVATE LENDER LOANS: Loans secure by AHIP to pay for purchase, rehabilitation, or new construction activities related to rental housing activities. The Albemarle Housing Improvement Program, Inc. (AHIP) arose out of a "grass roots" community volunteer effort to meet local housing needs. ~In 1969, Hurricane Camille caused extensive flooding and devastation in Albemarle and Nelson Counties. In response to this devastation, a local volunteer group, SCRUB, was formed at the University of Virgi~'nia to help clean up, and repair damaged houses. The momentum of the volunteer clean up activity continued beyond the aftermath of Camille. A new awareness of local housing conditions by the individuals involved and a continued volunteer inmont stimulated special interest in housing from area churches and the community. Out Of SCRUB grew the Charlottesville Housing Improvement Program (CHIP), a volunteer organiTntion incorporated in 1974 by the members of the SCRUB and other local groups who had a long smding concern for. and recognition of, the need for housing improvement. Early in 1976, CHIP extended its volunteer-based housing rehabilitation into the surrounding County of Albemarle. By June 1976, 12 homes in the County had been repairerL In July, a completely separate housing rehabilitation progran~ the Albemarle Housing Improvement Program legally incorporated as a separate entity to serve the geographical area of Albemarle County. During it's early years, AHIFs efforts were concentrated on smaller repairs and improvements. Funding m pay for the cost of the repairs was limited and the AHIP work force consisted mainly of un-skilled volunteers and CETA (Comprehensive Rmployment Training Act) trainees. In 1976, Albemarle County granted AHIP $32,000.00. These funds were used to pay the salaries of an Executive Director, a Construction Supervisor, and to cover basic operational expenses. The agreement was AI-IIP would expand upon the County's support by securing additional outside funding to pay for necessary materials, subcontracts and carpentry labor. AHIP worked exclusively in Albemarle County until July 1995, at which time it expanded the boundaries of some of its services in to the City of Charlottesville. Charlottesville also conm*butes funds to support its share of AH1P's AH1P STRAT~ PL~.~ operational base. During it's twenty year history, AHIP has completed over 450 rehabilitation projects, over 425 emergency repair projects, constructed 18 new homes, and assisted 60 families purchase their first homes. AHIP has grown from a small, volunteer based, repair program, into an organization dedicated to coordinating programs that address the continuum of low income housing needs in Albemarle County and the City of Charlottesville. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Coalition of High Growth Communities SUBJECT/PROPOSAL/REQUEST: Board discussion of growth related legislative issues. STAFF CONTACT(S): Messrs. Tucker, Huff, Davis, Cilimberg AGENDA DATE: September 2 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: X INFORMATION: Yes BACKGROUND: On June 19, 1998, a group of several hundred elected and appointed staff members from various cities and counties across the Commonwealth gathered in Fredericksburg, Virginia to explore the possibilities of forming a coalition of high growth communities to more effective present their issues and recommendations on the impacts and solutions to growth related issues to the General Assembly. Subsequent to that meeting, several additional organizational meetings have been held by the High Growth Coalition, which has now begun to formulate specific issues and draft legislation for consideration. On August 5. 1998, the Board passed a resolution of general support for the High Growth Coalition indicating its willingness to work together. On August 9, 1998, the High Growth Coalition met to begin reviewing special legislative direction that the Coalition wanted to support. Under consideration at this meeting were five specific p~eces of legislation that the Coalition may want to address in the 1999 General Assembly session. These legislative issues are: (1) (2) (3) (4) (5) Impact fees for school construction; Adequate public facilities; Limitation on the use of special exceptions in certain counties; Vested rights; and School construction funding. These issues are briefly analyzed in a memorandum (see Attachment 1) from Memory Porter, Assistant to the Loudoun County Board of Supervisors, to Supervisor, Scott K. York, Loudoun County Board of Supervisors, dated July 29, 1998. Attachment 2 reflects the latest thinking from Spotsylvania County in terms of sweeping legislative changes. DISCUSSION: Staff opinion is that the County's efforts should focus on an achievable agenda. The likelihood of the General Assembly advancing the broad legislative package identified by the Coalition is doubtful unless it can be embraced statewide by a much broader coalition of interests. Although each of the issues are important, the proposals as presented have serious flaws that either hinder their adoption or implementation. The one idea which merits greater analysis is the issue of school construction funding. A common problem of all high growth communities is the challenge of building new or larger schools. The General Assembly has shown an interest in addressing this issue. It would be advantageous for the Coalition to advance a proposal which would allow the General Assembly's support ef education to be directed at financially assisting the building of schools in the growth localities which are, in fact, generating a significant amount of the Commonwealth's revenue growth. There is optimism that this issue could be favorably received in the 1999 General Assembly. Staff believes the Coalition should focus on this issue. Staff recognizes that Albemarle County faces significant challenges in its attempt to reasonably manage growth and to require that growth to be supported without substantial property tax increases. It is likely that under current enabling authority growth management will continue to be a difficult task and the County's fiscal stress will continue to increase. However, compared to other high growth localities, Albemarle County's growth management, successes and tax rate are very favorable. Staff believes it may be easier for other high growth localities to more dramatically make the case for the Coalition's agenda. RECOMMENDATION: Staff recommends that the Board continue its support of the Coalition but seek to have the Coalition narrow its 1999 legislative focus on legislation that will increase school construction funding for high growth localities. The broader legislative agenda should be further studied to develop a strategy to increase its base of support so that it can be successfully advanced in future years with legislation that is viable and effective. The Board and staff should continue to provide input to the Coalition and participate in the formulation of strategies. 98.168 ATTACHMENT 1 -Memorandum DATE: TO: FROM: SIiBJECT: July 29, 1998 Supervisor Scott K. York, Loudoun County Board of Supervisors Memory Porter, Assistant to the Loudoun County Board of Supervisors Possible Legislative issues for the 1999 General Assembly As was discussed at the meeting of the Coalition in Chesapeake on July 23, 1998 there are fi.ye issues pending with the State Legislature which could be of interest to the high growth localities and others. The following is a brief description of the issues and what action was taken by the General Assembly, to date. Copies of the legislation are-also attached. IMPACT FEES FORSCHOOL CONSTRUCTION SB-693 was introduced in the 1998 General Assembly session by Senator Mires and co- sponsored by Deleg~te May. Both legislators represent Loudoun County. The bill, as introduced, applied to any locality operating a public school system, had no cap m the amount to be imposed and required any unused funds be returned to the landowner if not used in a fifteen year period. In order to get the bill reported from the Senate Local Government Committee, Senator Mirus introduced a substitute bill which (i) applies only to Loudoun County; (ii) requires a local public referendum before any impact fees ordinance can go into effect; (iii) has a cap of $3,000 set out in the State law for any school impact fee; and, (iv) any unused funds must be returned to the landowner if not used in a ten year period. The substitute bill was reported from the Senate Committee on a 9-4-1 vote and then with a Senate.floor vote was returned to committee to be carried-over until the 1999 session for purpose 6f further study. Loudoun County has a local advisory c. ornr~_ 'ttee assessing the legislation. This committee will make recorrmuendatious to the Board of Supervisors later this year and prior to the December cut-off date for action on carry-over legislation. Impact fee legislation has been strongly opposed by the Statewide Homebuilders Association and various regional building associations across ~the state. AI)EOUATE PUBLIC FACILITIES SB-355 was introduced in the 1998 General Assembly session by Senator Chichester. Senator Chichester represents King George, Lancaster, Northumberland, Westmoreland and parrs of Stafford and Prince William. The bill would permit kigh-growth localities, as part of subdivision or zoning ordinance, to determine whether public facilities are adequate to support the services which will be required by a proposed subdivision or rezoning. Prior to adopting such provisions, the locality shall clearly identify in its comprehensive plan the (i) public facilities whose adequacy will be used in making such determinanon, (ii) areas of potential ~owth where such provisions are applicable and (iii) existing public facilities and public facility needs in those potential growth areas. SB-355 was carried-over until the 1999 General Assembly session to allow the Senate Local Government more.time to review the legislation. It is unclear if the patron intends to pursue this legislation in the t999 General Assembly. It has been strongly opposed by the Statewide Homebuilders Association and.various regional building associations across the state. LI,.~TATION ON THE USE OF SPECI.&L EXCEPTIONS IN CERTAIN COUNtrIES HB-1362 was introduced in the 1998 General Asse.mbly by Delegate Jim Scott and co- sponsored by seven other delegates who sit on the House Counties, Cities and Towns Committee. Delegate Scott represents a portion of Fairfax County. HB-1362, as introduced, applies only ro Fauquier County and it would prohibit the use of special exceptions or special use permits in that County for any residential use at the densi~ for which it is zoned in any residential, agricultural or conservation zone. The history to this legislation is that, in 1996, Delegate Frank H~ll, from Richmond, introduced statewide legislation (HB-1518) that would prohibit the use ~f special exceptions or special use permit for residential uses in residential zones, commercial uses in commercial zones and industrial uses in industrial zones. The far-reaching affects of HB-15 i8 resulted in the bill being cm-ried-over until the i997 General Assembly. The bill was amended to be applicable to only Fauqiuer County and then was killed. The Northern Virginia Homebuilders Association continues to argue that Fauquier County uses special exceptions for residential developments improperly. Fauquier County, on the other hand, maintains that their special exception requirement for major residential developments in certain agricultural and conservation zones is not intended to be a vehicle to deny development. Instead, Fauquier maintains that it is a mechanism m allow local goverm-nents to direct and shape development to mitigate negative impacts. HB-1518 was not re-introduced in 1997, in part, because Fauquier County officials advised that their process was under review by a locally appointed citizens committee and the "major development special exception requirement" might be deleted from the Fauquier ordinance. That action did not take place and Delegate Scott introduced HB- 1362 in the 1998 Session and it was carried-over until 1999. The Statewide Builders Association and the Northern Virginia Buildings Association strongly support HB-1362. VESTED RIGHTS SB-570 was introduced by Senator Saslaw and became law on July 1, 1998. Senator Saslaw represents a portion of Fakfax County. The legislation sets out in the Stare Code when a landowner's rights shall be deemed vested in his zoning and cannot be affected by a subsequent amendment to a zoning ordinance. The bill was introduced as a result of a Supreme Court decision in the town of Rocky Mount in which the local government prevailed on a vesting case. During the session, SB-570 was opposed by many local governments, including Loudoun County, because ir preempts and expands vested rights law which has been established through a long line of Virginia Supreme Court decisions over many years. SB-570 was amended a number of times throughout the process in the1998 session. These amendments, for the most part, Lmproved the legislation from what was originally introduced, A House floor amendment, however, deleted a provision, placed on the bill in the Senate, that would make it clear that th/s new vested rights law would be prospective only. On a narrow vote, the Senate failed to send the bill ro conference with regard to the House floor amendment and the legislation was sent to the Governor. Many local governments, including Loudoun County, asked the Governor for amendments. The Governor did send down one minor amendment. Local governments now have to decide if, in the 1999 General Assembly session, amendments to the new law should be pursued, and, if so, what amendments. SCHOOL CONSTRUCTION FUNDING SB-4005, patroned by Senator Walker, was approved in the 1998 Special Session. Senator Walker represents portions of Norfolk and Virginia Beach. For fiscal years 1999 and 2000, approximately $55 million a year will be distributed according to the formula included in the legislation, which provides that: i) each school division will receive a grant of $200,000, and ii) the balance of funds will be distributed to each school division based on its relative share of average daily membership adjusted by its composite index. Provisions m the bill which favor high growth localities include the ability to use funds for debt service payments for projects completed within the last ten years, the requirement for a local match (high growth localities tend to significantly overmatch currently), and an allocation process which grows with student enrollments. Although several formulas were considered during the session, the formula which ended up in the legislation actually favors small.e.r localities which have not spent significant funds on school construction or mairrrenance (the fiat grant portion of the formula.) The most favorable distribution to high growth localities would be on average daily membership (which then serves over 70 % of the states school age population.) In subsequent years, funds will be distributed based on eligibility and needs criteria that will be estsblished by the 2000 session of the General Assembly. In'developing the criteria, the General Assembly will consider the recommendations of the Commission on State Funding of Public School Construction. ' The Commission is m consist of 12 members, which include seven legislative members and 5 citizen members. The legislative members are the co-chairmen of the House Appropriations, House Finance and Senate Finance committees or their designees, and one additional member of the Senate to be appointed by the Senate Committee on Privileges and Elections. The five citizen members are ro be appointed by the Governor. Those appointments have not yet been made. The Commission is supposed to recommend to the General Assembly a statewide method of assessing construction and renovation needs and eligibility and needs criteria for distributing school construction grants. Eligibility and needs criteria must include, but are not limited to: local effort to meet actual needs; local ability to pay for actual needs; recogninon of local efforts ro Lmprove the quality of education, including reductions in class size; appropriate combinations of funding resources including rant funds, local funds, Literary fund loans and bonds; restrictions, if any, on the use of grant funds: requirements for local matching funds; and procedures for identi~ing priorities for. awarding grants. In addition, the Commission on Educational Infrastructure (HJR-165) has been reauthorized. The Commission is co-chaired by Delegate Alan Diamonstein and Lieutenant Governor I-lager. A copy of the meeting schedule and members are attached. It is important to remember that S55 million is an insignificant amount compared to school construction needs in excess of $11 billion statewide. In addition, any allocation Formula will have "winners" or "losers." Large jurisdictions vs. small ones; affluent vs. less affluent; construction vs. renovation; operations vs. construction are just a few of the possible major and intense conflicts over school construction funding allocations .that will likely be addressed. Attachments: 1) SB-693 - Substitute 2) SB-355 3) HB-1362 4) SB-570 5) SB4005 (only 3 pages) 6) Commission on Educational Infrastructure 4 ATTACHMENT 2 County of Spotsylvania office of the County Attorney 9105 Courthouse Road Post Office Box 308 Spotsylvania, Virginia 22553-0308 (540) 582-7149 Fax (540) 582-9308 To: From: MEMORANDUM August 19, 1998 Local Government Attorneys of Members of Virginia Coalition of High Growth Communities William E. Donnelly, IH County Attorney · .-JUNTY OF ALBEMARL ,,-,, ,-,~..4EY S ©FFiC:F Re: Virginia Coalition of High Growth Communities 1999 Growth Control Agenda (Spotsylvania Draft 8/19/98) Here is Spotsylvania's latest draft of the Virginia Coalition of High Growth Communities 999 Growth Control Agenda with attached draft bills. The proposed bills have been reviewed by Randy Cook, Spotsylvania's Legislative Liaison, and unofficially by Larr Kelly, Assistant Loudoun County Attorney, but they have not been approved by the Coalition or any of its members. I have taken the bull by the horns because time is of the essence. As the attached VACO "Alert" states, Delegate Keating's growth commission will be holding a public heating on September 25~ at 10 a.m. in House Room C of the General Assembly Building. The commission is seeking testimony from local officials, including proposed growth control legislation. Written input from localities is requested to be filed by September 11~ with Jeff Sharp, Senior Attorney, Division of Legislative Services, 910 Capitol Street, Richmond, VA 23219. Spotsylvania intends to submit, on its behalf, the attached draft bills as requested by the commission. I would appreciate your comments on them by August 28% Obviously, the more localities that support the identical legislation the better. WEDIII:nas Enclosures cc: Board of Supervisors L. Kimball Payne, Iff W, Rand Cook, Esquire To: .~8POTSYLVANIA ' -uu, 14/~ 1 1:42AN'ILIC.,fjEt;i~i_#342jPage ' Virginia Association of Counties August 13,1998 Gro h panel seeks [npu Del, Gladys Keating's Commission studying ways to address demands resulting from residential growth is seeking testimony from county officials. County offic/ats are requested to file the information requested below az least two weeks prior to the meeting with Ieff Sharp, Senior Attorney, Division of Legislative Services. 910 Capitol St., Richmond. Va. 23219. The public hearing will be held Sept. .25 at 10 a.m. in }louse Room C of tl~ Genera] Assembly Building. The commission is asking each jurisdiction to profile the following: * the most recent rote of population growth and present rate of school-age growth , the population of the locality and school-age population o the predicted growth of the locality over the next 10 years , the problems that growth is causing the locality o any programs, in detail, that the local government has implemented to help relieve growth problems · legislation the locality would suggest which would assist the locality in handling its growth problems. ,state assistance which would bc beneficial to the locality in handling ils growth problems. For moro ~tails. contact Flip Hicks at (804) 343-2505. SPOTSYLVANIA DRAFT 8/19/98 VIRGINIA COALITION OF HIGH GROWTH COMMUNITIES 1999 GROWTH CONTROL LEGISLATIVE AGENDA Introduction The Virginia Coalition of High Growth Communities, an alliance of _ rapidly growing localities~ established to help raise the General Assembly's awareness of local growth management concerns, is seeking enabling legislation for road and school impact fees and adequate public facilities ordinances, as well as amendments to the pro-developer vested rights legislation adopted during the last-session. Such legislationis urgently needed to help high-growthjurisdicti0ns cope with rampant residential development, which does not generate enough local tax revenues to cover its costs in terms of public facilities and services. Impact Fees Roads. The Coalition proposes that all high-growth localities, not just Northern Virginia jurisdictions, be authorized to impose road impact fees. Attached is a draft ora bill to accomplish that. Schools. The Coalition requests that all high-growth localities be authorized to impose school impact fees. Senate Bill 693, which was carried over during the last session, would have authorized Loudoun County to assess school impact fees. The attached bill would amend Senate Bill 693 to apply to all high-growth localities and to raise the cap from $3,000 to $5j)00. Adequate Public Facilities The Coalition asks that all high-growth localities be authorized to provide that the approval of a rezoning, subdivision or a site plan be contingem upon the availability of adequate public facilities. Attached is a draft of a bill that would oniy authorize high-growth localities to adopt adequate public facilities ordinances Vested Rights The vested rights legislation adopted during the last session should strike a fairer balance between the desire of developers to complete projects in the pipeline and the needs of local governments to amend land use ordinances when there has been mistake, fraud, or a change in circumstances. ~The members of the Coalition are: SPOTSYLVANIA DRAFT 8/19/98 What Vests? There may be some question under the act about what vests. A strong argument may be made that the words "land use" in the third line of the act already restrict what vests to "use," rather than other aspects of the project, such as height, setbacks, open space and even density. On the other hand, it may be argued that "use" embraces all aspects of the proposal as shown on the approved plan_ The proposed amendment to the second sentence in the first paragraph of the act in the attached draR bill would clarify what vests as "use, floor area ratio and densizy." The so-called Quilten Bill adopted in 1990, which vests a project with "substantial proffers," only protects use, floor area and density. This proposed amendment would bring the act in line with the Quitlen legislation. Prospective Operation. The new law entitles developers to rely on local government approvals issued long ago when the case law would not have justified reliance. Localities could not have predicted that years later the General Assembly would retroactively make those approvals irrevocable. An amendment in the nature of a substitute to Senate Bill 570 proposed by the Senate Committee on Local Government would have made the vested rights act operate prospectively: only to governmental acts that occur aRer July 1, 1998, the effective date of the act. That amendment was rejected and the act is retroactive because ora unique situation reported on the floor of the General Assembly thathappened several years ago when a small project which had received preliminary approval was stalled by a subsequent change in the land use regulations. That knee-jerk legislative response, a classic case of the tail wagging the dog,'could have been avoided by asking the~courts to apply vested rights jurisprudence, which is the best forum to handle individual instances of hardship, rather than through unnecessarily sweeping, retroactive legislation. By amending the second paragraph of the act, the Coalition's draft bill would make the law prospective as k should be. Mistake, Fraud or Change in Circumstances. The vested rights act hamstrings local government even when it becomes necessary in the future to change the land use regulations. Compare that to the existing laws that protect certain land use approvals from certain changes inthe law, while permitting localities to make necessary changes Section 15.2-2261(C) protects recorded plats and final site plans for five years "unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare." By the same token, Sections 15.2-2297(B), 15.2-229803) and 15.2- 2303(B) protect certain aspects of a proposed development with "substantial" proffers "unless there has been mistake, fiauc[ or a change in circumstances substantially affecting the public health, safety or welfare." By amending the second sentence in the first paragraph of the act. the attached draf~ bill would give localities the necessary flexibility to change the law when there has been mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare, the need for which traditionally has been respected by the General Assembly. Variances. The Virginia Supreme Court has held that a variance granted by a board of zoning appeals, which may relate to such trivial matters as setbacks, is not of sufficient significance to give rise to vested rights, Snow v. Amherst County Bd. of Zoning Appeals, 248 Va. 404 (1994). The vested fights statute legislatively overrules the Court by making a mere variance one of the 2 SPOTSYLVANIA DRAFT 8/19/98 approvals that may be relied upon to create vested rights. The proposed amendment to the second paragraph of the act would delete variances as approvals that may be relied upon to create vested rights. Due Diligence. The proposed amendment to the next to the last subsection of the second paragraph of the act, would clarify that an approved preliminary subdivision plat, site plan or plan of development is only vested if the landowner "submits a final plat or plan within 12 months after approval of the preliminary" plan or plat. Under currem case law regarding vested rights, a preliminary subdivision plat, site plan or plan of development is not vested. It makes sense that if property rights are now going to vest with preliminmy plans, it should be for a specific period of time, rather than the vague standards in the act of "within a reasonable period of time" under the circumstances. f~es. Bill No. [Road Impact Fees August 18, 1998 - Spotsylvania Draft] ABILL to amend and reenact § 15.2-2317 of the Code of Virginia, relating to road impact Be it enacted by the General Assembly of Virgin/a: 1. That § t 5.2-2317 of the Code of Virginia is amended and reenacted as follows: Sec. 15.2-2317. Applicability of article. -- This article shall apply to (i) anycounty having a population of 500,000 or more as determined by the most recent U.S. Census, (ii) any county or city adjacent thereto, (iii) any city contiguous to such adjacent county or city, a¢~ (iv) any town within such county or an adjaoentcounty, and (v) an? high-~rowth locMi8~ ~s described in Section 15.2-2298(A). C:~vly Documents\Wordperfect Docu rnen~sWAS~317.W PD [School Impact Fees August 18, 1998- Spotsylvania Draft] Bill No. A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 8..1.,~consisting of sections numbered 15.2-2328 through 1.5.2-2339, relating to school impact fees. Be it enacted by the General Assembly of Virginia: t. That the Code of Virginia is amended b~; adding in Chapter 22 of Title 15.2 an article numbered 8.I, consisting of sections numbered 15.2-2328 through 15.2-2339, as follows: Article 8.1. School Impact Fees. § 15.2-2328. Authority to assess and impose impact fees. The local governing body of any high-growth locality as described in Section 15.2-2298(A) cc,'anty ;;5~,',, a pcpu',at~c~n ~etwc, cn ~0,~O0 md 90,~00 may by ordinance, and only after approval by voter referendum, pursuant to the procedures and requirements of this article, assess and impose impact fees on new development to pay all or a part of the cost of school facility improvements attributable in substantial part to such development. Such fees may be assessed and anposed only on new residential development. In the event such ordinance is adopted, no proffered conditions providing for the payment of cash for school facility improvements relating to a rezoning pursuant to § 15.2-2298 shall be accepted. "Cost" includes, in addition to all labor, materials, machinery and equipment for construction, (i) acquisition of land, rights-of-way, property fights, easements and interests; (ii) demolition or removal of any structure on land so acquired, including acquisition of land to which such structure may be moved; (iii) survey, engineering and architectural expenses, (iv) legal, administrative and other related expenses; and (v) interest charges and other financing costs if impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued by the locality county to finance the school facility. "Impact fee" means a charge or assessmem imposed against new residential development in order to generate revenue to fund or recover the costs or a portion thereof of school facility improvements necessitated by and attributable in substantial part to such new development. Impact fees may not be assessed and-imposed for school facility repair, operation, and maintenance, nor to expand existing school facilities to meet demand which existed prior to the new development. "School facility improvement" includes construction of new school facilities or improvemem or expansion of existing facilities to met the increased demand attributable in substantial part to new developmem. § 15.2-2329. Request for referendum filed with court; order for election; notice A copy of the ordinance initially adopled pursuant to § 15,2-2328, certified by the,clerk of the governing body, requesting that a referendum on the question of whether the locality shall have the authority to impose school impact fees as provided in this article, shall be filed with the circuit court for the locality. The circuit court shall order a special election, in accordance with Article 5 (°24.2-681 et seq.) of Chapter 6 of Title 24.2, requiring the election officers of the locality on the day fixed in the order to open the polls and take the sense of the voters of the locality on the question of whether the locality shall have the authority to impose school impact fees as provided in this article. Notice of the election in the form prescn'oed by the court shall be published at least once but not less ~an ten days before the election m a newspaper published or having general circulation in the locality. § 15.2-2330. Holding of election; order authorizing bonds; authority of governing body. The regular election officers of the county at the time designated in the order authorizing the vote shall open the polls at the various voting places in the locality and ,conduct the election in the manner provided by law for other elections. The votes shall be counted, the returns made and canvassed and the results certified as provided in Article 5 (°24.2-681 et seq.) of Chapter 6 of Title 24.2. If it appears from the returns that a majority of the voters of the locality voting on the question at the election are against the locality having the authority to impose school impact fees, an order shall be emered by the court to such effect. Ifa majority of the voters of the locality voting on the question are in favor of the locality having the authority to impose school impact fees, the court shall enter an order to such effect, a copy of wh/ch shall be promptly certified by the clerk of the court to the governing body of the locality, and the ordinance adopted by the locality pursuant to § 15.2-2328 shall become effective. § 15.2-2331. Service areas or districts to be established. The local governing body, upon the recommendation of the school board, shall delineate one or more service areas or districts within the locality, which may be an existing school district or districts, each area or district having clearly related school facility needs, Impact fees collected from new development within a service area shall be expended for school facility improvements within that service area. A service area may encompass more than one school facility improvement project. Service areas for school facility improvements may overlap, and their boundaries need not be coterminous. § 15.2-2332. Adoption of school facility improvement program. Prior to adopting a system of impact fees for school facilities, assessments of school facility improvement needs within any proposed service area shall be conducted and school facility improvement plans for the area adopted enumerating the new school facilities proposed to be constructed and the existing school facilities to be improved or expanded and the schedule for undertaking such construction, improvement, or expansion. Once adopted~ the improvement,plans shall be incorporated into the locality's capital improvements plan. Improvemem plans shall be adopted only after a duly advertised public hearing is held. The public hearing notice shall identify the service area or areas to be designated, and shall include a summary of the needs assessment and the assumptions upon which the assessment is based, and information as to how a copy of the complete study may be examined. A copy of the complete study shall be available for public inspect[on and copying at reasonable times prior to the public hearing. The needs assessment, public hearings, and adoption of improvement plans shall be by the local school board and shall in addition be adopted by the local governing body. The locality at a minimum shall include the following items in assessing improvement needs and preparing improvement plans: 1. An analysis of the existing capacity, current usage, and existing commitments to furore usage of existing school facilities. If the current usage and commitments exceed the existing capacity of such facilities, the locality also shall determine the costs of improving the facilities to meet such demand. 2. The projected need for and costs of construction of new school facilities, or improvement or expansion of existing school facilities attributable in whole or in part to projected new development. School facility needs shall be projected for the service area when fully developed in accord with the comprehensive plan and, if full development is projected to occur more than ten years in the future, at the end ora ten-year period The assumptions with regard to land uses, densities, intensities, and population upon which school facility projections are based shall be presented. 3. The total number of new service units projected for the service area when fully developed and, if full development is projected to occur more than ten years in the future, at the end of a ten-year period. A "service unit" is a standardized measure of school facility use or demand. The locality shall develop a table or method for attributing service units to various types of residential uses for school facility purposes. § 15.2-2333. Adoption of impact fee and schedule. After adoption of a school facility improvement program, the local governing body may adopt-an ordinance establishing a system of impact f~s to fund or recapture all or any part of the cost of providing school building facility improvements requiied by new developmem. The ordinance shall set forth the schedule of impact fees. § 15.2-2334. When impact fees assessed and imposed. The calculation of impact fees to be imposed, including those on each dwelling unit in a specific residential development or subdivision, shall be determined based on the new service units, projected for the service area as of the date of adoptibn of the ordinance. The ordinance shall specify that the fee is to be imposed at the time of the issuance ora building permit. Further, the ordinance shall provide that fees shall be paid in a lmnp sum. The maximum fee shall be determined by dividing (i) projected school facility improvemem costs in the sen, ice area when fully developed by the number of projected service units when fully developed or (ii) for a reasonable period of time, but not less than ten years, by dividing the projected costs ~neeessitated by development in-the next ten years by the service units projected to be created in the next ten years. In no event shall the maximum impact fee for school building facilities on any residential dwelling unit imposed exceed $6.000 ~ nan § 15.2-2335. Credits against impact fee. The value of any dedication, contribution or construction from the developer for school facility improvements within the son, ice area shall be treated as a credit against the impact tees calculated pursuant to § 15.2-2334. The locality also shall calculate and credit against impact fees (i) the extent to which developments have already contributed to the cost of existing school facilities which will serve the development, (ii) the extent to which the new development will contribute to the cost of existing school facilities and ('fii) the extent to which new development will contribute to the cost of school facility improvements in the future other than through impact fees § 15.2-2336. Updating plan and amending impact fee. The locality shall update the needs assessment, and the assumptions and projections at least once every two years. The school facility improvement .plan shall be updated at least every two years to reflect current assumptions and projections. The impact fee schedule may be amended to reflect any subStantial changes in such assumptions and projections. § 15.2-2337. Use of proceeds. Separate school facility funds or accounts shall be established for each service area, and all funds collected through impact fees shall be deposited in such interest-beating funds or accounts. Interest earned on deposits shall become funds of that particular account. The expenditure of funds from each account shall be only for school facility improvements within the service area as set out in the school facility improvement plan for that service area or district. § 15.2-2338. Refund of impact fees. The locality shall refund any impact fee or portion thereof that has not been expended within ten years. of receipt of such impact fee. Upon completion of a project, the locality shall recalculate the impact fee based on the actual cost of the improvement. It shall refund the difference if the impact fee paid exceeds actual cost by more than fifteen percent. Refunds shall be made to the record owner of the property at the time the refund is made. ~;'15.2-2339. Imposition of impact fees suspended under certain circumstances. In order to impose and collect any impact fee, the locality shall budget and fund, for each subsequent fiscal year after enactment of such ordinance, an amount for unspecified local capital improvements which shall be no less than the total amount collected in impact fees in the calendar year just ended. In meeting this funding requirement, only the capital improvement funds used to pay for capital projects or the debt service thereon which are appropriated after the adoption of such impact fee ordinance shall apply. If in any year the locality fails to appropriate the funding amount equal to the collected impact fees for such calendar year, the locality shall thereafterbe prohibited from collecting trnpact fees until such appropriation is made. 5 [Adequate Public Facilities August 18, 1998 - Spotsylvania Draft] Bill No. A BILL to amend and reenact §§ t5.2-2242, 15.2~2280, 15_2-2283 and 15.2-2286 of the Code of Virginia, relating to subdivision ordinance provisions and to the subjects and purposes of zoning ordinances g~nerally. Be it enacted by the General Assembly of Virginia: 1. That §§ 15.2-2242, 15.2-22813, 15.2-2283 and 15.2-2286 of the Code of Virginia are amended and reenacted as follows: Sec. 15.2-2242. Optional prowsions of a subdivision ordinance. -- A subdivision ordinance may include: 1. Provisions for variations in or exceptions to the general regulations of the subdivision ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. 2. A requirement for the furnishing of a preliminary opinion from the applicable health.official regarding the suitability ora subdivision for installation of subsurface sewage disposal systems where such method of sewage disposal is to be utilized in the development ora subdivision: 3. A requirement that, in the event streets in a subdivision will not be constructed to meet the standards 'necessary for inclusion in the secondary system of state highways or ['or state street maintenance moneys paid to municipalities, the subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the streets in the subdivision do not meet state standards and will not be maintained by the Department of Transportation or the localities enacting the ordinances. Grantors of any subdivision lots to which such statement applies must include the statement on each deed of conveyance thereof. However, localities in their ordinances may establish minimum standards for construction of streets that will not be built to state standards. For streets constructed or to be constructed, as provided for in this subsection, a subdivision ordinance may require that the same procedure be followed as that set forth in provision 5 of Sec. 15.2-2241. Further, the subdivision ordinance may provide that the developer's financial commitment shall continue until such time as the local government releases such financial commitmem in accordance with provision I 1 of Sec. 15.2:2241. 4. Reasonable provision for the voluntmy funding of off-site road improvements and reimbursements of advances by the governing body. Ifa subdivider or developer makes an advance of payments for or construction of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by him, the need for which is substantially generated and reasonably required by the construction or improvement of his subdivision or development, and such advance is accepted, the governing body may agree to reimburse the subdivider or developer from such funds as the governing body may make available for such purpose from time to time for the cost of such advance together with interest, which shall be excludable from gross income for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently issued by the governing body on the following terms and conditions: a. The governing body shall determine or confirm that the road improvements were substantially generated and reasonably required by the construction or improvement of the subdivision or development and shall determine or confirm the cost thereof, on the basis of a study or studies conducted by qualified traffic engineers and approved and accepted by the subdivider or developer. b. The governing body shall prepare, or cause to be prepared, a report accepted and approved by the subdivider or developer, indicating the governmental services required to be furnished to the subdivision or development and an estimate of the annual cost thereof for the period during which ttm reimbursement is to be made to the subdivider or developer. c. The governing body may make annual reimbursements to the subdivider or developer from funds made available for such purpose from time to time, including but not limited to real estate taxes assessed and collected against the land and improvements on the property included in the subdivision or development in amounts equal to the amount by which such real estate taxes exceed the annual cost of providing reasonable and necessary governmental services to such subdivision or development. 5. In a county having the urban county executive form of government, in any city located within or adjacent thereto, or any county adjacent thereto or a town located within such county, in any county with a population between 57,000 and 57,450, or in any county with a population between 60,000 and 63,000¢and in any city with apopulation:between 140,000 and 160,000, provisions for payment by a subdivider or developer of land of a pro rata share of the cost of reasonable and necessary road improvements, located outside the property limits of the land awned or controlled by him but serving an area having related traffic needs to which his subdivision or development will contribute, to reimburse an initial subdivider or developer who has advanced such costs or constructed.such road nnprovements. Such ordinance may apply to road improvements constructed aider July 1, 1988, in a county having the urban county executive form of government; in a city located within or adjacent ro a county having the urban county executive form of government, or in a county adjacent to a county having the urban county executive form of government or town located within such county and in any county with a population between 57,000 and 57,450, or in any county with a population between 60,000 and 63,000, such ordinance may only apply to road improvements constructed after the effective date of such ordinance. Such provisions shall provide for the adoption of a pro rata reimbursement plan v~hich shall include reasonable standards to identify the area having related traffic needs, to determine the total estimated or actual cost of road improvements required to adequately serve the area when fully developed in accordance with the comprehensive plan or as required by proffered conditions, andto determine the 2 proportionate share of such costs to be reimbursed by each subsequent subdivider or developer within the area, with interest (i) at the legal rate or (ii) at an inflation rate prescribed by a generally accepted index of road construction costs, whichever is less. For any subdMsion ordinance adopted pursuant to provision 5 of this section after February 1, 1993, no such payment shall be assessed or imposed upon a subsequent developer or subdivider if (i) prior to the adoption of a pro rata reimbursement plan the subsequent subdivider or developem has proffered condiiibns pursuant to Sec. 15'.2:2303 f6r offsite road improvements and such proffered conditions have been accepted by the locality, (ii) the locality has assessed or imposed an impact fee on the subsequent developmem or subdivision pursuant to Article 8 (Sec. 15.2-2317 et seq.) of Chapter 22, or (iii) the subsequent subdivider or developer has received final site plan, subdivision plan, or plan of development approval from the locality prior to the adoption of a pro rata reimbursement plan for the area having related traffic needs. The amoum of the costs to be reimbursed by a subsequent developer or subdivider shall be determined before or at the time the site plan or subdivision is approved. The ordinance shall specify that such costs are to be collected at the time of the issuance ora temporary or final certificate of occupancy or functional use and occupancy within the development, whichever shall come first. The ordinance also may provide that the required reimbursement may be paid (i) in lump sum, (ii) by agreement of the parties on installment at a reasonable rate of interest or rate of inflation, whichever is less, for a fixed number of years, or (iii) on such terms as otherwise agreed to by the initial and subsequent subdividers and developers. Such ordinance provisions may provide that no certificate of occupancy shall be issued to a subsequent developer or subdivider until (i) the initial developer certifies to the locality that the subsequent developer has made the required reimbursement directly to him as provided above or (ii) the subsequent developer has deposited the reimbursement amount with the locality for transfer forthwith to the initial developer. 6. Provisions for establishing and maintaining access to solar energy to encourage the use of solar heating and cooling devices m new subdivisions. The provisions shall be applicable to a new subdivision only when so requested by the subdivider. Z In arty high-growth locality as described in Section 15.2-2298(A), aprovision that approval of a subdivision or aplan of development shall be contingent on whether public facili#es are adequate lo support the services which will be required by a proposed subdivision. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) tn~blic facilities whose adequacy will be used in making such determination, (ii) areas of potential growth where such provisions are applicable and (iii) existing public facilities and public facility needs in those potential areas. The exercise of the regulatory, power provided by this subsection shall not be deemed to create an obligation on the part of such governing body or of the locality to furnish any such public facilities. 3 See. 15.2-2280. Zoning ordinances generally. - Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of this article, and in each district k may regulate, restrict, permit, prohibit, and determine the following: 1. The use oftand, buildings~ structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses; 2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance; razing, or removal of structures; 3. The areas and dimensions of land, water, and ak space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be tef~ unoccupied by uses and structures, including variations in the sizes of tots based on whether a public or community water supply or sewer system is available and used; or 4. The excavation or mining of soil or other natural resources. 5. In any high-growth locality as described in Section 15.2-2298(A), the timing of the development of otherwise permitted uses based upon whether public facitiiies are adequate to support the services which will be required under a zoning classifica~on. The exercise of the regulatorypower provided by this subsection shall not be deemed to create an obligation on the part of such governing bo~, or of the locality to furnish any such public facilities. Sec. 15.2-2283. Purpose of zoning ordinances. -- Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Sec. 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable: (i) to provide for adequate light, air, convenience of access, and safety from fire, flood, crime and other dangers; (ii) to reduce or prevent congestion in the public streets; (iii) to facilitate the creation of a convenient, attractive and harmonious community; (iv) to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; (v) to protect against destruction of or encroachment upon historic areas; (vi) to protect against one or more of the following: overcrowding oftand, undue density of population, and, in any high-growth locality as described in Section 15.2-2298(A.1, rate of development, in relation to the community facilities existing or available, obstruction of light and ak, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers; (vii) ro encourage econormc development activities that provide desirable employment and enlarge the tax base; (viii) to provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (ix) to protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; and (x) to promote 4 the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated. Such ordinance may also include reasonable provismns, not inconsistent with applicable state water qualky standards, to protect surface water and ground water as defined in Sec. 62.1-255. Sec. 15.2-2286. Permitted provig[0ns in zoning ordinances; amendments; applicant to pay delinquent taxes. -- A. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any or all of the following matters: 1 For variances or special exceptions, as defined in Sec. 15_2-2201, to the general regulations in any district. 2. For the temporary application of the ordinance to any property coming into the territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of the zomng ordinance, and pending the orderly amendment of the ordinance. 3. For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any other provisions of this article, the governing body of any locality may reserve unto' kself the fight to issue such special exceptions. Conditions imposed in connection with residential special use permits, wherein the applicant proposes affordable housing, shall~be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the approving body shall consider the impact of the conditions upon the affordability of housing. The governing body or the board of zonirig appeals of any city with a population between 260,000 and 264,000 according to the 1990 United States Census may impose a condition upon any special exception relating to alcoholic beverage control licensees which provides that such special exception wilt automatically expire upon a change of ownership of the property, a change in possession, a change in the operation or management of a facility or upoi~ the passage of a specific period of time. 4. For the administration and enforcement of the ordinance including the appointment or designation ora zoning administrator who may also hold another office in the locality. The zoning administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance. His authority shall include (i) ordering in writing the remedying of any condition found in violation of the ordinance; (ii) insuring compliance with the ordinance, bringing legal action, including injunction, abatament, or other appropriate action or proceeding subject to appeal pursuant to Sec. 15.2-2311; and (iii) in specific cases, making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law regarding determinations of rights accruing under Sec. 5.2-2307 Where provided by ordinance, the zoning administrator may be authorized to grant 5 a variance from any building setback requirement contained in the zoning ordinance if the administrator finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the variance will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the variance. Prior to the granfmg of a variance: the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within twenty-one days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the Board of Zoning Appeals for decision. The zoning administrator shall respond within ninety days of a request for a decision ar determination on zoning matters within the scope of his authorky unless the requester has agreed to a longer period. 5. For the imposition of penalties upon conviction of any viotatio/a of the' zoning ordinance. Any such violation shall be a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the -violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period punishable by a fine of not less than $10 nor more than $1,000. 6. For the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any appeal or amendment thereto. 7. For the amendment of the regulations or district maps from time to time, or for their repeal. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body, (ii) by motion of the local planning commission, or (iii) by petition of the owner, comract purchaser with the owners written consent, or th~ owners agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such governing body or commission proposing the rezoning shall state the above public purpose? therefor. In any county having adopted such zoning ordinance; all motions, resolutions or petkions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within such 6 reasonable time as ma5' be necessary which shall not exceed twelve months unless the applicant requests or consents to acnon beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as otherwise would be required by this subdivision. 8. For the submission and approval of a plan of development prior to. the.issuanceofbuilding~permits to assure compliance with regulations contained in such zoning ordinance. 9. For areas and districts designated for mixed use developments or planned unit developments as defined in Sec. 15.2-2201. 10. For the administration of incentive zoning as defined in Sec. 15.2-2201 11. In any high-growth locality as described in Section 15.2-2298(A), reasonable provisions allowing the locali~ to determine the timing of the development of otherwise permitted uses based upon whether public facilities are adequate to support the services which will be required under a zoning classification. The exercise of the regulatory power provided by this subsection shall not be deemed to create tm obligation on the part of such governing body or of the locality to furnish any such public facilities. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan. the (i) public facilities whose adequacy will be used in making such determinaa'on, 60 areas of potential growth where such provisions are applicable and (iii) existing public facilities and public facility needs in those potential growth areas. B. Prior to the initiation of an application for a special exception, special use permit, variance, rezoning or other land use permit, or prior to the issuance of final approval, the authorizing body may require the applicant to p~roduce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against the subject property have been paid. 7 [Vested Rights August 18, 1998 - Spotsylvania Draft] Bill No. A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights. Be it enacted by the General Assembly of Virginia: 1. That § 15.2-2307 of the Code of Virginia is amended and reenacted as follows: § t5.2-2307. Vested rights not impaired; nonconforming uses. Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowners rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance affecting use, floor area ratio or density, unless there has been mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare, when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act. For purposes 0fthis section, without prejudice to rights which m~ght otherwise have vested and without limitation, the following are deemed to be significant affirmative governmental acts allowing development ora spec'rfic project provided such acts occur after July 1, 1998: O) the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment; (ii) the governing body has approved an application for a rezoning for a specific use or density; (iii) the governing body or board of zoning appeals has granted a special exception or use permit with conditions; (:,v') thc bc, ar~ cf zcr2ng appeal: ,',,ag ap~rcvcd a vari~cci-(v/_v ) the governing body or its designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner's property and the applicant ~:~:~ ................ ~ ~'~-~,-~,v v ..... apr ....cf submits the final plat or plan within 12 months after approval of the preliminary plat or plan a rer. scnab!e pcNcd cf t:.mc undcr thc ck~c',:r'..~a.nccs; or (~) the governing body or its designated agent has approved a final subdivision plat, site plan or plan of development for the landowner's property. A zoning ordinance may provide that land, buildings, and structures and the uses thereof which do not conform to the zoning prescxibed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years, and so long asthe buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever they are enlarged, extended, reconstructed or structurally altered and may further provide that no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. SEPTEMBER 2, I 998 EXECUTIVE SESSION MOTION I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION PURSUANT TO SECTION 2. 1-344(A) OF THE CODE OF VIRGINIA UNDER SUBSECTION ( ) TO CONSIDER APPOINTMENTS TO BOARDS AND COMMISSIONS; Dauid R Bow~m~ Ch~l~ Y. Hur~h~ COUNTY OF AL~ElVlA~ Office of Boa'd of Supe~sor~ 401 Mdnl~e Road · Ch~o~e, V~ ~2~ (~) 29~ F~ (~} Wa~ E Per~m September 8, 1998 Ms. Martha R. Tarrant 16 Ednam Village Charlottesville. VA 22903 Dear Ms. Tarrant: At the Board of Supervisors meeting held on September 2. 1998, the Board appointed you:to the Regional Disabilities Services Board effective September 2, 1998. Your term will run through July I, 2001. On behalf of the Board, I would like to take this oppommity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh CC.' James L. Camblos, III Larry Davis Nancy O'Brien c:\wpdoes\bds&comm\appoint # Printed on recycled p~er Memberships in Fraternal. Bmqiness_ Church and/or Social Groups Public. Civic and Charitable Office and / or Other Activities or Interests lemon(s/for Desire m Seine on ~is ~ / Commission / Comi~e ~om~on pm~d~ on ~s ~p~on ~1 ~ mle~ ~ ~*p~Hc upon ~rg Bg~ orCoun~ s~e~org' Dauid R Bo~nnan Char!o~ Y. Hurnph.~ COUNTY OF ALBEMAi~; f Office of Bo~-d of S~rs ~431 Mclntke Ro~l Charlottesville, Va'g~nia 22~2~96 (~} 29~ F~ (~) 29~5~ Charles 5. Maran Walter E Perkins Sally H. Thoma* September 8, 1998 Mr. David T. Paulson 2578 Holkam Drive Charlottesville, VA 22901 Dear Mr. Paulson: At the Board of Supervisors meeting held on September 2, 1998, the Board appointed you.to the Jordan Development Corporation effective September 2, 1998. Your term will run through August 13, 1999. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall. Jr. Chairman FRM/lbh CC: James L. Camblos. III Larry Davis Forrest D. Kerns c:xwpdocs\bds&comm~appoint Printed on recycled paper COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Members of the Board of Supervisors Laurie Hall, Senior Deputy Clerk '~, August 27, 1998 Vacancies on Boards and Commissions Please f'md attached a revised list of vacancies on boards and commissions through November 30, 1998. The only change is that I was able to contact the one person I had not been able to reach previously. She does wish to be reappointed. Attachment cc: Bob Tucker Larry Davis COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Members of the Board of Supervisors Laurie Hall, Senior Deputy Clerk ~ August 27, 1998 Vacancies on Boards and Commissions On the reverse of this page I have provided a list of vacancies on boards and commissions through November 30, 1998. Unless you indicate that you would either like m reappoint the same person, if eligible, or select your own magisterial appointment without advertising, these vacancies will be advertised in the Daily Progress on September 20 and 27. Applications for new vacancies, which will then be due no later than October 27, will be forwarded to you at the Board meeting on November 4. I have forwarded additional copies of applications you previously received for the vacancies on the Regional Disabilities Services Board and Jordan Development Corporation under separate cover. cc: Bob Tucker Larry Davis E~vid P~ Bo~erman Charlotte ~ Humphr~ Forresl R. MmshalL.J~ Scott~ilk COUNTY OF aLBEMA~i f Office of Board of Supervisors 401 Mclntim Road Charlottesville, Virflinia 22902-4596 (804) 296-5843 FAX (804] 296-5800 MEMORANDUM Charlo~ S. Marffn W~lter E Perkins Whfte Ha~ S~lly H. Thomas TO: FROM: Board of Supervisors Laurie Hall ~f~ Senior Deputy Clerk DATE: August 27, 1998 Applications for Boards and Commissions The following is a list of applications received from persons interested in current vacancies on Boards and Commissions which have been advertised. BOARD OR COMMISSION NEW TERM APPLICANT/ INTERVIEW, EXPIRE INCUMBENT IF DATE SCHEDULED REGIONAL DISA BIIJTIES 07/01/01 SERVICES BOARD Martha R. Tan'ant 1:00 James E. Weatherford 1:20 Michael H. Galumbeck 1:30 Donald P. DeBanico 1:40 JORDAN DEVELOPMENT (}8/13~99 CORPORA TI ON David T. Paulson hlO Wayne T. Murphy 1:50 Attachments: 6 cc: Bob Tucker Larry Davis Printed on recycled paper County of Albemarleao^m) OF SUPERWS0RS Office of Board of County Supervisors 401 Mclntire Rbad Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / COMMITIEE (please type or print) Board/Commission/Committee o Rvt cEs Apphcant'sName M ~:>TM-~ ~. -FI2~-I~I',J"C Home Phone Home Address t(~ ~'D~4kM VILL.&~': ~.44-f~P.2..OTI-r-~ ~GLZ., VPf Magisterial District in wkich your home residence is located ~edL~L ~'/'i, Ll_~l~ /~21e:~-r- Employer blb,31q~L~--~["r'za. 0~' ¥1~P-z~3[Or Iq~I~q.T~ ~M~Yf~Phone ~o4-qg4-S-~/Z4 Business Address P~--I-~,-IT ~-TD~O~n-D'e~ b3; H-SO_ 'f~o~4~14q, L~xJh0 G~'iY~SU}CL~, gzqo~ DateofEmployment ~--eX2o.,. I'~ff Occupation/Title P¥~LT14- ~iXe~¥WD~- Years Residentin Albemarle County 2& (~r~Z~) Previous Residence ~3rTt-.IM, gT~. Spouse's Name Number of Children Education (Degrees and Graduafion Dates) ~.~.(~P-APM~'C; ~eT~. tqCq } tM.~. Membemhips in Fraternal_ Business: Church and/or Social Group,S Public. Civic and Charitable Office and / or Other Activities or Interests Re,on(si for Desire to Sewe on this Bo~d / Commission / ~mmi2ee ~M~ ~Ct~ ~ ~e i~o~on provided on ~s ~plicafion will be rele~ed to ~e pubhc upon reque~. Da~ Return to: Clerk, Board of County Superhsors ~ ~rl~. C~nty. County of Albemarle BOARD OF SUPERVISORS Office of Board of Coun_ty Supervisors 401 Mclntire Road CharlolY. esville, VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / COM2dl'l-t gE (please type or print) Applicaat's Name ~vt~:s t~_ ~,~/~P~-. ~_g.f,~ ~.d Home Phone Q V c~Z~ n q I Home Address ~7 f-f~RV, e_~- DRi ¢~, ~90.~ J ~ ' .... ' Magisterial District in which your home residence is located ~['4~ ~ [~ ~'-~ Employer -[~)[S na})':)*~ J~eq~C ~:-~rT~-¥r2C Phone 7 Date of Employmem 7,~ ~' - J ~ ~' ~ Occupation / Title YearsReside~t~inAlbemarteCoumy .3 © ~/~ Prev~ousR~stdence/~fPm~ -¢e~ · ~ V Spouse's Name m Cc ke~ ~j Number of Children Education (Degrees and Gmduation Dates) ¥~q / 7 ~' ~ ! /vi~d~- JQ 7 Memberships in Fraternal. Business. Church and/or Social Groups ~blic. Civic ~d Ch~ble O~ce ~d / or ~er Activities or Inte~ Re~on(s~ for D~ to Seine on ~is Bo~ / Commission / Commi~ ~ ~omadon provided on ~ ~plic~on will ~ ~l~d m ~e public ~n ~u~ Si~e Return to: Clerk, Board of County Supervisors Albemarle County 401 Mctntire Road Charlottesville, VA 229024596 -- BOARD OF SUPERVISORS County of Albemarle Office of Board of Count, Supervisors 401 Mclntire Road Charlottesville. VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / COMMi f'r£E (please type or print) Applicant's Name I~_fLC'.L,a,~ ] I~_.~, ~a~l~.,~3e_~t< ~ome ~'hone ~.q..3 - 1323-' Magisterial District in which your home residence is located ~L~L_/~ tl aY Employer Phone Business Address Date of Employment Occupation / Title Years Resident in Albemarle County t~ -'~o~'P-_~ ,% rrevious Residence Spouse's Name /~*Ot,,t /~. t~o~/q,~.c.,~ NumberofChildren · t/ ' - ~em~hips in F~t,,,,~t. ~,si,ess. C~oh ~d/o~ So°ia Oroup~ /:>az~ f+¢.~.~.~.~ Public. Civie and Charitable Office and / or Other Activifies orlnterests /~,'a~..,'C ~o.,~,~,~'-~' .~/(,-~.~,-~ Re.on(s) for Desire to Se~e on ~is Bo~d / Commission / Commi~e ' - t -, ' ' I ' - ' ' I ' '. .... ~* ~omafion pmvid~ ~a ~ ~pli~on wffi ~ ml~ ~ ~e pubic u~n r~ue~ Si~e R~ w: Clc~ B~d of Co~W Su~imm M~le Co~W 401 Mc~ R~ C~lo~ille, VA ~r~ ~ ~ n OF SUPERVISORS County of Albemarle Office of Board of Cotmty Supervisors 401 Mclntim Road Charlottesville, VA 229024596 (81M) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / COMMITTEE (ple~a.~ ~ or pr:mt) Board / Commission / Committee .51:7~;'~g~ Applicant's Name ~>~ ~-o Home Address ~ 7-.~'~'~-tc~,o Home Phone Magisterial District in which your home residenc~ is located Employer Business Address Date of Employment years Resident in Albemarle Count3' Spouse's Name Education (Degrees and Graduation Dates) Phone Occupation I Title ~"*~ /-/~ 5" Previous Residence Number of Children. Memberships in Fraternal. Business. Church and/or Social Groups ~blic~Civi~d~ce and I or ~er Aefivltles or !ntem~ / Reason(s/for Desire to Serve on this Board I Commission I Committee Si~ R~ m: CI~ B~ ~W Su~mim~ 40 1 Mc~ R~ _ ~,rlo~le. VA ~9024596 . aL3EMR~_E Co'~ik:Tv Fa×: 804-29B-B800 · fAlbem rle Jul 20 '98 10:26 P. O1 SUPERVISORS Off/ce of Board of Counff Supervisors 401 McLntim Road Charlottesville, VA 229024596 (804) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / CONfiV~ t I zE (plea~ typ~ ar print) Board t Commission / Commktee Jordan Development Corporation Applicant's Name . David T, Paulson Home Phone 804-295-3072 Home Address 2578 HcJ_kham Dr±ye, ..C~arlottesville, VA 22901 Magiste~al Bisect in which your home residence is located samuel Miller District Employer jationsBank Phone 804-977-2218 BusinessAddr~$s 30C E. Main Street, Charlottesville, VA 22902 Dat~ofEmpto~vnent 1/94 Occupat/on/Tkle vice President - Commercial Banking_. Years Resident in Albemarle Counrf 4 Previou~ Residence Blacksburg, VA Spouse's Name . Nancy T. Paulson Number of Children 2 Education [Degrees and Graduation Dates) B.A., Penn State University, Liberal Arts M.B.A., Indiana University, Finance Membembips ia Fraternal_ Business, Church_and/or Social Groue~ Westminster Presbyterian Church; Stewardship and Budget Committee ,_ Association f. or Experiential Education _ Public. Civic and Char/table Off'ce and / or Other Activities or Tnte~s Chamber of Commerce; Legislative Action Committee _ Chamber of Commerce; Leadership Development lnmtmative L. eadership Charlottesville Alumni Association Board Member _ Charlottesville Housing Foundation/Piedmont Housing Alliance Fund R.aising Re,son(si for D~ire to Serve on this Board / Comraission / Comm itt~ .~ feel s,trongly about our community's responsibility to provide adequate housing for low.come elderly and disabled persons. My strong business background will enable me to provide~c- tire administrative and financial oversight of the facilities' management company, whi~ ~nsuring continued high quality accommodations and amenities. e informaf, o~ provided on rl~ appli_cafion will~ relea~ m the pt~b~¢ upon request. .... Return to: Clerk, Board ofCa~y Sup~rvisor~ Allx'marle County 401 Mclmtim Road JUL. 21 1~8 ~0:27 .............. ~04 2DS 5800 ~qGE~O1 County of Albemarle ~ BO,~,':~D OF SUPERVISORS Office of Board of Country Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 (804) 296-5843 APPLICATION TO SERVE ON BOARD / COMMISSION / COMMITIEE (please type or print) Board / Commission / Committee --~'_o/'~O,q~ [?z~VL""LdI°/ffP2,'~7~' t~.~'°¢C'd/4YT-m/g/ applicant s Name Ugtqydl= ,.~ /~O/~P]¢V' Home Phone Magisterial District in which your home residence is located C:~t:}r//71.lk-t. t/tq//-L z=""~ Dlx 7"t~l. CT-' Employer :5~-/_/~ Rg/W~'Ve//&c~O~£i/OC-- Phone q7/-'-/dg BusinessAddmss /C-D~>c.O 6~0~/'~7- £~?)~/~/ Dateo~x~rpluym~ut ?tO .x/~¢. Occupation/Title ~60/~°t/~ ,~ ¢5/4/~l,d(~i~IqF Years Resident in Albemarle County ]~"-'"' Previous Residence DFC0 (g/~ gT~'~ , [ Spouse s Name 0 ;rq;o&'- Number of Children Educafion (Degrees and Graduafion Dates) g~s/4I=~5 ~. %1D~5,~,4/ ~?~Ye¢.s/¢m ~ ?¢dC /-voq Memb~rshios. io Fraternal_ Business. Church and ]or Social GrouPs Public. Civic anil Charitable office and / or other A~ivities or Interests .......... ' - II u Reason(s) for Desire to Serve on this Board / Commission / Committee ~_~ . ~ . i t. t' I W-' I ~e igom~on:provMed on ~s ~plicafion will be rele~ed to ~e pubic upon reque~. Si~re ~ / Dam Return to: gl~rk, Bqar~ of gunn~ Supe~sors ~mq~ame county 01 elntir R ~h hTt~Res~le, ~t 22902-4596 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Purchase of Development Rights Report SUBJECT/PROPOSAL/REQUEST: Report from the Purchase of Development Rights Committee STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: September 2, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: X INFORMATION: Yes BACKGROUND: At its April 9.1997meeting, the Board appointed a ten-member Purchase ef Development Rights Committee to work on a draft policy for a purchase of development rights program for possible implementation in the County. The attached report is the result of a year and a half of work bythe committee and includes recommendations for a Phase I and Phase II program. Sherry Buttdck, Chairman of the committee will be at the meeting to present the report. RECOMMENDATION: Action is not required on the Purchase of Development Program at this time, although staffwould like direction from the Board since there may be potential budgetary implications for the upcoming Capital Improvement Program and/or operating budget. About the Virg ma Beach ricultural Reserve Program The City of Virginia Beach enacted the Agricultural Reserve Program on May 9, 1995. It is enabled under the Virginia Open Space Lands Act. The annual cost of the program is $3.5 million, one million less than the annual cost of the new high school it will preclude. The program is.funded through a dedicated property tax and portions ora local cellular telephone tax. This voluntary program pays market value for perpetual easements over prime farm and forested lands which retire the residential and commercial development rights. The City is leveraging its funds through an installment purchase agreement which pays the land owner tax-free interest during the life of the note. The finaneing program is based upon an award- w~nning program from Howard County, Maryland. Over 4,300 acres have been approved for easement purchase with another 1,000 acres pending in active applications. In 3 years, we have retired 271 development rights, paying $1.6 million for easements valued at $8.32 million.. Opdatc-Hayq98 At the three year anniversary of adoption of the Agricultural Reserve Program (AR_P), we celebrate the overwhelming success and participation in this program. City Council has approved agricultural land preservation easements over 4,307.49 acres, which is 21.5 percent of the total program goal. By preservmg at least 20,000 acres of prime farm and forest lands, Virginia Beach will protect the base of its farm industry - land. Keeping those acres from changing to suburban development will also preclude the new roads, sewers, water lines, and schools which would be needed to serve it. The total cost of ARP is less than one-half the capital cost (construction costl of the infrastructure it avoids. ARP is also about economic vitality. Each farm is a business which circulates dollars within the local economy and brings dollars in from outside. Agriculture, like other industries and businesses, pays more in property taxes than it uses in services. It helps to subsidize the tax deficit of our typical residential areas. Farming had a direct economic impact of over $70 million in Virginia Beach last year. The program makes its purchases through an installment purchase agreement with the land owner. This allows the city to leverage its monies. For example, the value of the development rights purchased so far is $8,315,219, but the city's cost of the Treasury Strips was only $1,617,265.53. Even though the city will pay the land owner interest until the strip matures, it saves the city over half the cost of traditional financing. It also secures the long term debt, a point the bond-rating agencies respect. In a poll sponsored by the Virginia Environmental Endowment in 1997, half of the Virginians asked said that too little is being done to preserve farms and rural areas from sprawl. They also believe that too little is being done to control pollution of rivers and watersheds, problems that are directly linked to sprawl. The ARP was designed and promoted by a coalition of farm, conservation, business, and civic interests. There was common concern for resource and growth management, as well as preservation of agri-business and a balanced tax base. There is an on-going effort te address economic and small business development related to farming and rural interests. ARP is administered by the Virginia Beach Agricultural Advisory Commission and the Director of Agriculture. A landowner may submit an application for preliminary ranking according to the Farmiand Ranking System. These rankings determine the order of offers should there be more applications than available funding in any given period. The parcel is appraised by an independent appraiser based upon comparable sales and its speculative value. Implementation of the ARP has been fully supported by Virginia Beach residents. At a "community conversation" sponsored by City Council in September, this program was lauded as one of the city's successes in the last 2 years along with the Virginia Marine Science Museum and the amphitheater. Continued commitment to ARP was also cited as key to success in the year 2002 and beyond. The ARP was acknowledged with the 1966 Award for Community Innovation by the Chesapeake Bay Program's Local Government Advisory Committee. The Virg{nia Environmental Endowment provido~ major funcling in support of tlze going education ard outreach far this program, For each dollar paid in property taxes on farmland, only 30 cents in services are required. For every dollar paid on the typical home, $1.30 in services zs required. The market value ora Virginia Beach farm is two times the state average. The economic impact of farming zn Virginia Beach is over $70 million ann'~llly. In 1970, the average tax per parcel in Virginia Beach was $233 on 53,744 parcels. In 1995, the average tax was $1446 on 133,308 parcels. The cost of preserving farmland, to the average homeowner, is $20 per year. The total cost of the program is less than half the capital cost of the infrastructure it will avoid. For more information, contact: Southeastern Association for Virginia's Environment (757)460-0750 Post Office Box 6133 Virginia Beach, VA 23456 Albemarle County Board of Supervisors 4th Floor 401 Mclntire Road Charlottesville, Va. 22903 25 August 1998 Dear Members of the Board, The Purchase of Development Rights' Committee is pleased to submit phase I of its report to the Board for its review. The report represents the work of the Committee to date. The Committee ~as determined that a program to purchase development rights through conservation easement is possible under current Virginia law and would be an appropriate additional tool for Albemarle County. Following review of the Albemarle County Comprehensive Plan, the Committee decided that a program focused on open-space, which includes farmland, forest land and other rural lands, is most suited to accomplish Albemarle's goals, rather than a program strictly focused on farmland preservation. The Committee has developed the major components of a program-- criteria for properties, administrative structure and process, funding level recommendation, and a system for the allocation of funds-- and presents them in this report. At this time the Committee seeks approval or recommendations for revision of Phase I before embarking on Phase II of its charge, to develop a consensus in the community and prepare informational materials on the program. For the Committee to pursue Phase II of its charge from the Board, it needs assurance of the Board's willingness to pursue a purchase of conservation easements' program roughly along the lines outlined in this Report. The Committee therefore asks that the Board consider at this time a resolution of intent to establish such a program. Presently the Committee is working with the County staff to develop a statement of fiscal impact for the program and to refine information needed for the Ranking Sheet. We look forward to presenting our work to date to the Board on the second of September. Respectfully Submitte ,fi~. herry BuPd'ick, Chairman, PDR Committee 78-27-78732:32 ~C,'g AN ACQUISITION OF CONSERVATION EASEMENTS' PROGRAM FOR ALBEMARLE COUNTY REPORT OF ALBEMARLE COUNTY'S PURCHASE OF DEVELOPMENT RIGHTS COMMITTEE: PHASE I SUBMITTED TO THE ALBEMARLE COUNTY BOARD OF SUPERVISORS BY Tt-IE PURCHASE OF DEVELOPMENT RIGHTS' COMMITTEE 2 SEPTEMBER 1998