HomeMy WebLinkAbout1997-09-03 FINAL
9:00
SEPTEMBER 3. 1997
MEETING ROOM 241. COUNTY OFFICE BUILDING
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Call to Order.
Pledge of Allegiance.
Moment of Silence.
Other Matters Not Listed on the Agenda from the PUBLIC.
Award Presentation/Employee Recognition.
Consent Agenda (on next sheet;.
Transportation Matters: ,~
Other Transportation Matters.
Request to adopt Resolution Approving the Filing of an Application to the Virginia Public School
Authority for a Loan in a Principal Amount not to Exceed $20,455.000.
10:00 A.M. - PUBLIC HEARING on a request to amend the service area boundaries of Albemarle
County Service Authorizy for limited sewer service to existing warehouse structures only on
TM59, P23BI for W. J. Kirtley, Jr. Property is located on Route 250 West in the Ivy~area.
(Defer until October I. 1997. ~
Presentation: Neighborhood Team Matching Grant Program.
Presentation: Overview of Five Year Forecast of Revenues and Expenditures.
Other Matters not Listed on the Agenda from the BOARD.
Executive Session: Legal and Personnel Matters.
Reconvene and Certify Executive Session.
Appointments.
Adjourn.
CONSENT AGENDA
FOR APPROVAL:
6.1 Appropriation: Site Evaluation for Proposed Juvenile Detention Facility, $5,185 (Form #97010).
6.2 Appropriation: Homebuyer'~ Club Donation, $1,000 (Form #97011).
6.3 Appropriation: Juvenile & Domestic Relations Court Renovations, $25,000 (Form #97012).
JFOR INFORMATION:
6.4
Copy of letter dated August 8, 1997, from James S. Givens, Secondary Roads Engineer, re: Code Of
Virginia Section 33.1-70. I Amended (paving of unpaved secondary roads).
6.5
Mem0randtm~ from Robert W. Tucker, Jr., providing a copy of a report on_Commonality between the
School Division and Local Government.
6.6
6.7
Copy of letter dated August 20, 1997, from Janice D. Sprinlde, Deputy Zoning Administrator, to Judith
H. McGinniss and William Persen, re: OFFICIAL DETERMINATION OF NUMBER OF PARCELS
- Section 10.3.1, Tax Map 47, Parcel 43.
Letter dated August 20, 1997, from Jay Roberts, Environmental Engineer, Department of Env/ronmentaI
Quality, re: Public Notice of Draft VWP Permit #93-0570.
6.8
Copy of memorandum dated August 22, 1997. from V. Wayne Cilimberg, Director of Planning
Community Development. to Robert W. Tucker, Ir., County Executive. re: Compliance with
Comprehensive Plan (456 Review} - Ragged Mountain Natural Area.
6.9
Copy of minutes of the Rivarma Water and Sewer Authority Board of Directors meeting and minutes of
joint meering of Rivarma Water and Sewer Authority Board of Directors and Rivanna Solid Waste
Authority Board of Directors meetings of June 23.1997.
David P. Boatman
Charlotte Y. Huraphris
Forrest R. Marshall Jr
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville. Virginia 22902-4596
(804) 296-5843 FAX 1804) 972-40~0
Charles S. Martin
Walter F. Perkins
Sai[~ H, Thomas
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning and Community Development
Ella W. Carey, CMC, Cler~
September 10, 1997
Board Actions of September 3, 1997
The Board took the following actions ar the September 3. 1997 meeting:
Agenda Item No, 1. Call to Order. Meeting called to order at 9:04 a.m., by the Chairman,
Mrs. Humphris. All members of the Board of Supervisors were present.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC.
There were none.
Agenda Item No. 5. Award Presentation/Employee Recognition.
Mr. John Tuey presented the Govemmem Finance Officers Association's (GFOA) Award
for Excellence in Budget Preparation to Mrs. Anne Gulati, management analyst for the County
Executive's Office.
Mrs. Humphris presented the Atrack Award awarded to Albemarle County for consistently
achieving one hundred percent compliance in timeliness of eligibility determination for food
stamps from July 1996 tbxough February, 1997, to the following persons:
Mr. Michael James, Ms. Debbie Kent, Ms. Nancy Patterson, Ms. Jenny Holmes,
Ms. Teena Tuttle, Ms. Debbie Butler, Mr. Paul Vernot, Ms. Kathy Jones and Ms. Karen Gordon.
Printed on recycled paper
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 2
Mrs. Humphris presented the National Association of Counties (NACO) 199?Achievement
Award for the Senior Weather Busters Program to the following persons:
Mr. Darryl Lang from the American Red Cross, Mr. Phil Sparks from Virginia Power,
Mr. Kaye Hardin, the County's Emergency Services Coordinator, Mrs. Lee Catlin, the County's
Community Resources Coordinator, and the Albemarle County Senior Advisory Council.
Mrs. Humphris presented the National Association of Counties Information Officers 1997
Excellence Award for the Senior Weather Busters Program to the sarne group of people that
received the previous NACO Award.
Mrs. Humphris presented the National Association of Counties Information Officers 1997
Excellence Award to the Quip Video Work Team, consisting of Ms. Kathy Ralston,
Mr. Pat Mullaney, Ms. Amelia McCulley, Mrs. Lee Catlin, Mr. Wayne Cilimberg,
Mr. Jay Schlothauer and Ms. Jan Seale.
Item No. 6.1. Agenda Item No. 6.1. Appropriation: Site Evaluation for Proposed Juvenile
Detention Facility, $5,185 (Form #97010). APPROVED. Original signed form forwarded to
Melvin Breeden.
Item No. 6.2. Appropriation: Homebuyer's Club Donation, $1,000 (Form #97011). Mrs.
Thomas asked that the Board duly recognize the donation so that the bank understands how much
the Board appreciates it. APPROVED. Original signed form forwarded to
Melvin Breeden.
Item No. 6.3. Appropriation: Juvenile & Domestic Relations Court Renovations, $25,000
(Form #97012). APPROVED: Original signed form forwarded to Melvin Breeden.
Item No. ~.8. Copy ofmemorandtun dated Augnst 22, 1997, from
V. Wayne Cilimberg, Director of Planning & Community Development, to
Robert W. Tucker, Jr., County Executive, re: Compliance with Comprehensive Plan (456
Review) - Ragged Mountain Natural Area. The Board DEFERRED this item until
September 17 and asked that the conditions be amended to reflect the following changes:
The trail must conform generally with the proposed plan and be approved by
the Water Resources Manager. The protection of water quality shall
remain paramount;
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 3
The ICF and the County will continue to work with adjacent landowners to
minimize adverse impacts in the development and use of trails;
The ICF will conduct a general survey of natural heritage resources and
design trails to avoid areas with identified resources.
The County will work with the City of Charlottesville and the Rivmma
Water and Sewer Authority, including an mmual review, to ensure that the
proposal, including indkcct cffcct~ ~u&, as increased boating access, does
not adversely impact water quality.
5. A site plan must be approved by the Planning Commission.
The Board also asked that a condition be added to state that:
o
There may be a need, at times, to reduce the animal population in order
to protect the area, in collaboration with the State biologist and the
Department of Games and Inlands Fisheries.
Agenda Item No. 7. Other Transportation Matters:
Mrs. Humpkris said the Board had not received the monthly update from Mrs. Tucker.
Mrs. Tucker said there was one issue to be examined, so she would combine the August and
September reports and forward them to the Board for the October 1 meeting.
Mr. Marshall asked about the request to reduce the speed limit in the Keene area. Mrs.
Tucker said that is currently under review.
Mr. Marshall again expressed concerns about Route 20 and the road to Monticello High
School. It is difficult now, under normal conditions and without the added buses and vehicles, to
get onto Route 20. He does not think the current situation will work when the school opens. He
asked about VDoT plans for Route 20. He believes the ultimate answer is to four-lane Route 20
and install right and left turn lanes.
Mrs. Tucker said the entrance onto Route 20 is currently under permit to VDoT. Before
VDoT releases that permit, the contractor must build right and left turn lanes into the connector
road. Mr. Marshall asked if the current turn lane will be widened. Mrs. Tucker responded "yes".
In addition, there will be appropriate sight distance available through clearing of easements to the
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September t0, t997
Page: 4
north of that entrance. The sight distance necessary for that street connection is 550 feet in both
directions. There may have to be a "school zone" designation on the connector road and Route 20.
It is not completely constructed as yet.
Mr. Tucker suggested it may be necessary to look at a reduction in speed limit from Route
53 to this connector road. Mrs. Tucker said VDoT can make that review.
Mr. Perkins said it seems to him the speed limit can be reduced from Avon Street to 1-64,
although he would not want it lowered until the new entrance meets compliance.
Mr. Marshall suggested naming the connector road Mill Creek Drive (or whatever the road
directly across is already named). The name seems logical to him since this is a straight
connection directly across from Mill Creek Drive.
Mr. Martin asked how the Board can proceed with funding for roads under the Pave In
Place Program. Mrs. Tucker said Pave In Place is misleading in that it is not a program
independent of the Six Year Planning process. There is no money set up for the Program. This is
to be applied to those projects already prioritized and included in the Six Year Plan. It does allow
roads with minimal grading needed (which means you do not have to make severe cuts into
embankments or provide extreme fill materials into drop offs) that do not have right-of-way
available can be looked at for the Pave In Place application. Those standards axe an 18 foot width
pavement, three foot minimal shoulders and two foot minimal ditch lines, which comes to a 28
foot typical section of roadway.
Mr. Martin asked if the staff is going to move forward with only roads that are currently in
the Six Year Plan or look at roads that may not be in the Plan. He has had people suggest other
roads to him, and he said that the Board needs to reach a consensus on how to deal with roads that
qualify for this program. Mr. Cilimberg commented that each year the Board includes in the Six
Year Plan nearly 20 sections of unpaved road, of which some may qualify for the Pave In Place
Program, that are prioritized based on need and the ability to get right-of-way. The Pave In Place
may provide the oppommity to upgrade some roads where the right-of-way was not obtained, but
the road is still on the list. He does not think this Program will change the priorities; it will just
give the Board another option of the way the roads can be built. This Program provides an option
for a lesser design improvement, but it is for the roads that need to be addressed and have been on
the list. Mr. Cilimberg said staffis working, in conjunction with VDoT, on developing a list of
roads that qualify for Pave In Place.
Mr. Tucks' suggested Board members inform constituents that currently there is no change
in the way the Board deal with roads, but there is a possibility that some additional roads can be
moved forward. During review of the Six Year Plan, the Board can then look at what other roads
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 5
can move forward into the Pave In Place Program. Mr. Cilimberg suggested that ifa constituent
approaches a Board member about a road, ask that person to get in touch with Planning staff.
Mrs. Thomas said that Route 702 (the road to the Ragged Mountain Reservoir) is an
intolerable, winding and narrow roads~ It is in the Six year Road Plan, but is not plarmed to be
paved for another six to eight years. She asked VDoT to look at possible ways to make the road
safer, which may include marking curves and chevrons, installing of rails, and making other spot
improvements. Signs should be posted to make road conditions clear to people.
Mrs. Thomas said it was brought to her attention that graffiti is increasing in her district.
One of the worst places is the area off the Route 250 Bypass going west on Route 250 near the
Bellair Station. She suggested that some people get together to discuss how to deal with this issue.
Mr. Tucker suggested forming a neighborhood group to look at the situation.
Mrs. Humphris suggested that businesses in the area be included.
Mr. Bowerman asked about the status of the traffic signal on Old Brook Roadl
Mrs. Tucker said she will look :into this.
Mrs. Tucker said she received a letter from a citizen interested in signal hardware painted
green such as those in the City. VDoT's standard is to use galvanized signal poles and hardware.
Funds to change to the other hardware would come from incidental funds. The Board expressed
no support for this change.
Mr. Marshall asked who is responsible for lighting entranceways to subdivisions to keep
down vandalism. Mrs. Tucker said requests are submitted to the County's Engineering
Department, and if they are next to or within VDoT's right-of-way, VDoT will review the impact
to the roadway. She believes the lighting program is paid for by the homeowner's association.
Mr. Tucker suggested contacting the Engineering Department.
Mrs. Tucker said VDoT removed graffiti that had been painted on signs and mailboxes in
Marshall Manor and other areas along Route 20 South.
Mr. Perkins said that he has received a complaint about poor sight distance at the Route
810/614 intersection in White Hall, noting that a hedge blocks visibility. Mrs. Tucker said the
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 6
hedges have been limbed out into VDoT's right-of-way. VDoT is working with the homeowner to
have them trimmed back to the wall.
Mr. Mawyer said that the connector road to Monticello High School is expected to be
completed within 90 days, A light will be installed at the intersection of'Avon Street and Mill
Creek Drive within three to six months. The Engineering Department has recommended to the
School Transportation Department to use Avon Street rather than driving north on Route 20.
Mr. Mawyer added that the Engineering Department has a street lighting program. They
use the policy to provide guidance and determine whether the applicant must provide funds. The
County pays the continuing monthly electrical charge. Mr. Marshall commented that earlier in the
meeting he was inquiring about Marshall Manor, and that he would discuss the matter further with
Mr. Mawyer.
Agenda Item No. 8. Request to adopt Resolution Approving the Filing of an Application
to the Virginia Public School Authority for a Loan in a Principal Amount not to Exceed
$20,455,000.
Mr. Bowerman asked what the construction costs are for Monticello High School,
including those with sustainable aspects. Mr. Tucker will provide that information to the Board.
ADOPTED the attached resolution which has been forwarded to Melvin Breeden.
Agenda Item No. 9. 10:00 A.M. - Public hearing on a request to amend the service area
boundaries of Albemarle County Service Authority for limited sewer service to existing warehouse
structures only on TM59, P23B1 for W. J. Kirfley, Jr. Property is located on Route 250 West in
the Ivy area. DEFERRED until October 1, 1997.
Agenda Item No. 10. Presentation: Neighborhood Team Matching Grant Program.
Mrs. Humphris asked that Mrs. Catlin provide an update in a couple o£months.
Agenda Item No. 11. Presentation: Overview of Five Year Forecast of Revenues and
Expenditures:
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 7
Mrs. Roxatme White made the presentation, providing a handout with the four-year
forecast. Mr. Tucker said that staff will provide an update on revenues in November.
Mrs. Thomas asked why capital operating monies are not added to baseline figures, since
they carry over from year to year. Mrs. White said they could be put in the base, but that staff
wanted to point out that these costs are ongoing and cumulative, with inflation and growth costs
added in. Mrs. Thomas said that once projects have been funded, there is no longer a choice about
whether or not they will exist, so they should become part of the budget. Mr. Tucker agreed that,
to be consistent, once a budget has been adopted, and it includes capital operating expenses, they
should be made part of the base. lVh's. White said that there still needed to be a way to identify
those costs that are being rolled into the baseline, because there will be some significant increases.
She said that staff will design another way to show those costs.
Mrs. Thomas said she did not think that the purchase of buses for Monticello High School
should be included in capital operat'mg expenses, saying that capital operating expenses should be
made up only of expenses created by the additional items that had been purchased. Mr.
Bowerman agreed, saying that buses should not be in the capital operating costs since a bus
purchase is a one-time purchase. He added that the budget must be made consistent and clear
enough for the public to follow. Mrs: Thomas said she needed a breakdown of what went into the
$1.5 million. Mr. Tucker said staffwill break the figures down further so that it is clear whether
capital operating costs are associated with the high school or just growth.
Regarding sources of revenue for education, the state and federal shares have declined each
year. Mr. Marshall said the 1995 tax rate should be averaged against other counties with similar
population. Mr. Bowerman suggested staff look at COHORT figures when making comparisons,
Mr. Bowerman asked about the chart showing the projected surplus/deficit slides. He said
there is no real surplus; the chart really shows the difference between projected expenditures over
revenues. The word "surplus" will confuse the, public. Mrs. White said that fund balance monies
have been used for some projects to balance the budget, and that the fund balance has to
increase each year. Mr. Bowerman said this graph needs to accurately reflect the situation or not
be used. He also suggested using a different word than "surplus".
Agenda Item No. 12. Cancel Board of Supervisors meeting for September 10, 1997.
CANCELED the September I 0, 1997 meeting.
Agenda Item No. 13. Matters not Listed on the Agenda fi:om the BOARD:
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 8
Mr. Cilimberg mentioned that it was recently brought to his attention that the State Code
had been changed to allow siblings to be included in family divisions. The County Attorney has
advised that the County cannot allow siblings to be included in a family division without a change
to the Subdivision Ordinance, which would have to be initiated by either the Board or the Planning
Commission. Mrs. Humphris suggested that the Board take no action until such time as there is a
problem.
Mrs. Humphris said she is still waiting for the GE report on employment.
Mrs. Humphris said she received a letter from Mr. Dale Gardner, Supervisor of the Babe
Ruth Baseball League, thanking County staf£ for all their help. He mentioned Mr. Matt Smith,
Mr. Tim Hughes, "David", "John", "Travis", "Bud" and "Jim" by name.
The Board ADOPTED the attached resolution regarding the District Home Board and
authorized the County Executive to execute the Asset Purchase Agreement.
Agenda Item No. 14. Executive Session: Legal and Personnel Matters.
At 11:30 a.m., the Board went into Executive Session.
Agenda Item No. 15. Reconvene and Certify Executive Session.
At 4:20 p~m., the Board reconvened.
Agenda Item No. 16. Appointments.
The Board appointed:
· Mr. Charles J. Gross to the Community College Board, to fill out the
unexpired term of William A. Finley, Jr., with said term to expire on June
30, 2000.
· Mr. Kenneth O. Lee to the Library Board, to fill out the unexpired term of
Marian Schwartz, with said term to expire on June 30, 1999.
Memo to Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: September 10, 1997
Page: 9
· Ms. Karen Waters, as consumer representative of low/moderate income
housing to the Housing Committee, to fill out the unexpired term of Beverly
Terrell, with said term to expire on December 31, 1998.
Mr. Michael Gaffney, as construction/development representative, to the
Housing Committee, to fill out the unexpired term of Stephen N. Runlde,
with said term to expire on December 31, 1999.
Mr. Frank Kessler to the Architectural Review Board, to fill out the
unexpired term of Steve Runkle, with said term to expire on November 14,
1998.
Ms. Susan Winslow to the Advisory Council on Aging, with said term to
expire on May 31, 1999.
Agenda Item No. 17. Adjourn.
The meeting was adjourned at 4:25 p.m.
/lbh
Attachments: 6
cc: Richard E. Huff, II
Roxanne White
Kevin C. Castner
Larry Davis
Amelia McCulley
Bill Mawyer
Brace Woodzell
Richard Wood
Jan Sprinkle
Yadira Amari
File
At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the
3rd day of September, 1997, at the time and place established by such Board for its regular meetings,
in accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the
following members were present and absent:
PRESENT:
David P. Bowerman
Charlotte Y. Mumphris
Forrest R. Marshall, Jr.
Charles S. Martin
Walter F. Perkins
Sally H. Thomas
~k~SE~: 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:
MEMBER VOTE
David Bowerman Aye
Charlotte Humphris Aye
Forrest Marshall Aye
Charles Martin Ave
Walter Perkins Aye
Sally ~homas Aye
RESOLUTION APPROVING THE FILING OF AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT
NOT TO EXCEED $20,455,000
WHEREAS, 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;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board hereby approves the filing of an application to the Virginia Public School
Authority for a loan to the County in a principal amount not to exceed $20,455,000 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
approved.
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 tree and correct extract from the minutes of a regular meeting of the
Board held on the 3rd day of September, 1997, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature arid the seal of the Board of Supervisors of Albemarle County,
Virginia, this 3ret day of September, 1997.
(SEAL
2
David P. Bowermm~
mo
Charlotte Y. Harnphrls
F'orte~ R. Mamhall. ~Jr.
COUNTY OF ALBEMAR1.1~
Office of Board of Supem~sors
401 Mdnfire Road
Charlottesville, Vh~2inia 22902-4596
(804) 2965848 FAX (804) 296-5800
Cha~es S. Mar~
Wallet E Perkins
Sall~ H. Thomas
September 9. 1997
Mrs. Angela G. Tucker
Resident Engineer
701 VDoT Way
Charlottesville_ VA 22911
Dear Mrs. Tucker:
At its meeting on September 3. I997. the Board of Supervisors made the follo~ving comments
regarding transportation marrers:
Agenda Item No. 7. Other Transportation Matters:
Mrs. Humphtis asked about the monthly update report. You responded that there was one
issue to be examined, so you would combine the Augusz and September reports and forward them to
the Board for the October 1 meeting.
Mr, Marshall asked about the request to reduce the speed limit in the Keene area. You
responded that is currently under review.
Mr, Marshall again expressed concerns about Route 20 and the road to Montlcdlo High
School. It is difficult now, under normal conditions and without the added buses and vehicles, to get
onto Route 20. He does not think the current situation will work when the school opens, He asked
about VDoT plans for Route 20. He believes the ultimate answer is to fourdane Route 20 and install
tight and left turn lanes.
You said the entrance onto Route 20 is currently under permit to VDoT. Before VDoT
releases that permit, the contractor must build right and left turn lanes into the connector road. Mr.
Marshall asked if the current turn lane will be widened. You responded "yes". In addition, there will
be appropriate sight distance available through clearing of easements to the north of that entrance,
The sight distance necessary for that street connection is 550 feet in both directions. There may have
to be a "school zone" designation on the connector road and Route 20. It is not completely
constructed as yet.
Mr. Tucker suggested it may be necessazy to look at a reduction in speed limit from Route 53
to this connector road. You said VDoT can make that review.
Mr. Perkins said it seems to him the spee~t can be reduced from Avon Street to 1-64.
although he would not want it lowered until the nL~'entrance meets compliance.
Printed on recycled paper
Mrs. Angela Tucker
September 9, 1997
Page 2.
Mr. Marshall suggested naming the connector road Mill Creek Drive [or whatever the road
directly across is already named~. The name seems logical to him since this is a straight connection
directlv across from Mill Creek Drive.
Mr. Martin asked how the Board can proceed with funding for roads under the Pave In Place
Program, You said Pave In Place is misleading in that it is not a program independent of the Six Year
Planning process. There is no money set up for the Program. This is to be applied to those projects
already prioritized and included in the Six Year Plan It does allow roads with minimal grading needed
which means you do not have to make severe cuts into embankments or provide extreme fill materials
into drop offs) that do not have right-of-way available can be looked at for the Pave In Place
application. Those standards are an 18 foot width pavement, three foot minimal shoulders and two
foot minimal ditch lines, which comes to a 28 foot typical section of roadway.
Mr. Martin asked if the staff is going to move forward with only roads that are currenfly in the
Six Year Plan or look at roads that may not be in the Plan. He has had people suggest other roads ro
him, and he said that the Board needs to reach a consensus on how ro deal with roads that qualify for
this program. Mr. Cilimberg commented that each year the Board includes in the Six Year Plan nearly
20 sections of tmpaved road. of which some may qualify for the Pave In Place Program, that are
prioritized based on need and the ability to get right-of-way. The Pave In Place may provide the
opportunity to upgrade some roads where the right-of-way was not obtained, but the road is still on
the list. He does not think this Program will change the priorities: it will just give the Board another
option of the way the roads can be built. This Program provides an option for a lesser design
~mprovement, but it is for the roads that need to be addressed and have been on the list. Mr
Cilimberg said staff is working, in coniunction with VDoT, on developing a list of roads that qualify
for Pave In Place.
Mr. Tucker suggested Board members inform constituents that currently there is no change m
the way the Board deal with roads, but there is a possibility that some additional roads can be moved
forward. During review of the Six Year Plan. the Board can then look at what other roads can move
forward into the Pave In Place Program. Mr. Cilimberg suggested that if a constituent approaches ~
Board member about a road. ask that person to get in touch with Planning staff.
Mrs. Thomas said that Route 702 (the road to the Ragged Mountain Reservoir~ is an
intolerable, winding and narrow roads. It is in the Six year Road Plan. but is not planned to be paved
for another six to eight years. She asked VDoT to look at possible ways to make the road safer, which
may indude marking curves and chevrons, installing of rails, and making other spot improvements.
Signs should be posted to make road conditions dear to people,
Mrs. Thomas said it was brought to her attention that graffiti is increasing in her dislMct, One
of the worst places is the area off the Route 250 Bypass going west on Route 250 near the Bellair
Station. She suggested' that some people get together to discuss how to deal with this issue. Mr.
Tucker suggested forming a neighborhood group to look at the situation. Mrs. Humphris suggested
that businesses in the area be included.
Mr. Bowerman asked about the srarus of the traffic signal on Old Brook Road. You said you
would look into this.
Mrs. Angela Tucker
September 9. 1997
Page 3.
You said you received a letter from a citizen interested in signal hardware painted green such
as those in the City. VDoT's standard is to use galvanized signal poles and hardware. Funds to
change to the other hardware would come from inddentaI funds. The Board expressed no support for
this change.
Mr. Marshall asked who is responsible for lighting entranceways to subdivisions to keep down
vandalism. You said requests are submitted to the County's Engineering Department, and if they are
next to or within.VDoT's right-of-way, VDoT will review the impact to the roadway. You thought the
lighting program is paid for by the homeowner's association. Mr. Tucker suggested contacting the
Engineering Department.
You said VDoT removed graffiti that had been painted on signs and mailboxes in Marshall
Manor and other areas along Route 20 South.
Mr. Perkins said that he has received a complaint about poor sight distance at the Route
810 614 intersection in White Hall. noting that a hedge blocks visibility. You said the hedges have
been limbed out into VDoT's right-of-way. VDoT is working with the homeowner to have them
trimmed back to the wall.
Mr. Mawyek said that the connector road to Monticello High School is expected to be
completed within 90 days. A light will be installed at the intersection of Avon Street and Mill Creek
Drive within three to six months. The Engineering Department has recommended to the School
Transportation Department to use Avon Street rather than driving north on Route 20.
Mr. Mawyer added that the Engineering Department has a street lighting program. They use
the policy to provide guidance and determine whether the applicant must provide funds. The County
pays the continuing monthly electrical charge. Mr. Marshall commented that earlier in the meeting he
was inquiring about Marshall Manor. and that he would discuss the matter further with Mr. Mawyer.
EWC
Sincerely,
Ella W. Carey, CMC. Clerk /
/
cc: Robert W. Tucker, Jr.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Melvin A. Breeden. Director of Finance
Ella W. Carey, Clerk. CMC ~
September 8. 1997
Board Actions of September 3. 1997
At its meeting on September 3 1997. the Board of Supervisors took the following actions:
Item No. 5.1. Appropriation: Site Evaluation for Proposed Juvenile Detention Facility,
$5.185, Form #97010~_ APPROVED. Attached is the signed appropriation form.
Item No. 5.2. Appropriation: Homebuyer's Club Donation_ $i,000 Form 4'97011 .
APPROVED. Attached is the signed appropriation form.
Item No. 5.3 Appropriation: Juvenile & Domestic Relations Court Renovations. $25.000
'Form #97012 I. Attached is the signed appropriation form.
Agenda Item No. 8. Request to adopt Resolution Approving the Filing of an Application to the
Virginia Public School Authority for a Loan in a Principal Amount not to Exceed $20.455,000.
ADOPTED the attached Resolution.
,ewc
Attachments (4)
cc: Roxanne W2qite
Richard E. Huff. II
Robert Walters
Joe Letteri
Ginny McDonald
APPROPRIATION REQUEST
FISCAL YEAR 97/98
TYPE OF A~PPROPRIATION
ADVERTISEMENT REQUIRED ~
FUND
PURPOSE OF APPROPRIATION:
NUMBER
ADDITIONAL
TR3LNSFER
NEW
YES
NO X
GENERAL CIP
97012
X
X
RENOVATIONS AT JUVENILE COURT USING COURT HOUSE MAINT. FUNDS.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
19C1021050331000 JI3VENILE COURT $25,000.00
TOTAL S25,000.00
REVENI3E DESCRIPTION AMOUNT
2901051000512002 TRA/~SFER FROM CT. HSE. MT. $25,000.00
TOTAL $25,000.00
TRAi~SFERS
1915093010939999 TRAi~SFER TO OTHER FUNDS 25,000.00
2915051000510100 APP. FROM FUND BALANCE 25,000.00
REQUESTING COST CENTER: COUNTY EXECUTIVE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
S I GNATURE
/
DATE
APPROPRIATION REQUEST
FISCAL YEAR 97/98
TYPE OF APPROPRIATION
ADVERTISEMENT REQUIRED o
FI/ND
PURPOSE OF APPROPRIATION:
NUMBER 97011
ADDITIONAL
TRANSFER
NEW
X
YES
NO X
GENERAL
DONATION FROM JEFFERSON NATIONAL BANK FOR HOMEBUYERS CLUB.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1100081030570806 HOMEBUYERS CLUB S1,000.00
TOTAL $1,000.00
REVENIIE DESCRIPTION AMOUNT
21000181001811~6 DONATIONS $1,000.00
TOTAL $1,000.00
REQUESTING COST CENTER: HOUSING
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE
DATE
APPROPRIATION REQUEST
FISCAL YEAR 97/98 NUMBER 97010
TYPE OF APPROPRIATION
ADDITIONAL
TR3LNSFER
NEW
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND C I P- GENERAL
PURPOSE OF APPROPRIATION:
ADDITIONAL FUNDING FOR JUVENILE DETENTION SITE EVALUATION.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1901033203312350 JUVENILE DETENTION S5,185.00
TOTAL S5,185.00
REVENUE DESCRIPTION AMOUNT
2901016000160529 CITY OF CHARLOTTESVILLE S2,592.50
2901051000510100 CIP FUND BALANCE 2,592.50
TOTAL $5,185.00
REQUESTING COST CENTER: COUNTY EXECUTIVE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE DATE
/
/
/
COUNTY OF ALBEMARI E2?-9?p02- 0
BOARD OF jPERVISORS
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation-Juvenile Detention Site Evaluation
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #97010 in the
amount of $5,185 for a site evaluation for the
proposed juvenile detention facility
STAFF CONTACT(S):
Mr. Tucker, Ms. White
AGENDA DATE:
September 3, 1997
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
In October 1996, the Board approved $71,574 for a juvenile detention facility planning study, the costs
of which were to be shared equally with the City of Charlottesville. The study was contracted out to
Mosely/Harris and excerpts and projections from the completed study were shared with the Board in
March.
DISCUSSION:
This request for an additional $5,185 (County's 50% share is $2,592.50) is to extend the contract with .
Mosely/Hards to conduct a specific site evaluation for the proposed facility. The planning study did not
indicate a specific site, but based the design and proposed costs of the facility on a generic site model.
The scope of work for the specific site evaluation includes:
Research and Review Site Documentation
Site Visit
Evaluate Current Design Suitability
Evaluation of Utility Systems
Preliminary Site Grading and Drainage
Cost Estimate
Preparation of Technical Memorandum and Recommendation
Mosely/Harris is prepared to commence these services immediately following our approval of the additional
funds and the formal acceptance of their proposal.
RECOMMENDATION:
Staff recommends approval of Appropriation Ct 97010 in the amount of $5,185 to extend the contract with
Mosely/Hards for a site evaluation for the proposed juvenile detention facility.
APP170 1
97.160
c. Linda Peacock
Ron Lilley
COUNTY OF ALBEMA L,E?,, 3:
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Homebuyers Club
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation #97011 in the
amount of $1,1:)00 to receive and disburse a donation
from Jefferson National Bank for the Homebuyers
Club
STAFF CONTACT(S):
Messrs. Tucker, Breeden, Ms. White, Ms. McDonald
AGENDA DATE:
September 3, 1997
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
DISCUSSION:
A donation in the amount of $1,000 has been received from Jefferson National Bank for support of the County's
Homebuyers Club. The Office of Housing has requested the appropriation of this donation to cover the expenses
of food, speakers, and baby-sitters incurred for the Club's meetings.
RECOMMENDATION:
Staff recommends approval of an appropriation in the amount of $1,000 for the Homebuyer's Club as detailed on
Appropriation #97011.
97.158
COUNTY OF
EXECUTIVE S
AGENDA TITLE:
Appropriation for Juvenile
Relations Court Renovations
and Domestic
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation #97012. in
the amount of $25,000, for two interior
renovation projects within the J&D Court Facility
STAFF CONTACT(S):
Messrs. Tucker, Letteri & Ms. White
AGENDA DATE:
September 3, 1997
ACTION:
CONSENT AGENDA:
ACTION: X
ITEM NUMBER:
INFORMATION:
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: ~
/'
DISCUSSION:
The City is responsible for managing and overseeing construction and repairs made to the Juvenile and
Domestic Relations Court Facility. Recently they identified a need and secured bids for work on the third
floor ['Court Services area) to accommodate additional offices for intake officers. The bid for the work
on the third floor was $26,000.
The City is also prepared to solicit bids for modifications to the second floor which will create a small
court room for public hearings, the costs of which are estimated at $15,000. Plans for both projects have
been prepared by Bushman/Dryfus Architects and the expenses for the projects are to be shared equally
by the City and the County. Total project costs, including architectual fees, contingency and construction
are estimated to be about $50,000.
Funds for these two projects were not included in the CIP requests for FY 98. Staff recommends that
the County proceed with this project and that funding be provided from the Courthouse Maintenance
Fund which currently has a balance of $75,000.
RECOMMENDATION:
Request approval of Appropriation #97012, in the amount of $25,000 to provide the Juvenile Court
renovations.
97.161
c: Linda Peacock
Martha Carroll
CITY OF CHARLOTTESVILLE
Public Works Department
P. O. Box 91 I · Charlottesville. Virgi ma · 22902
Telephone 804-971-3300
August 20, 1997
Bill Mav,3,er
Engineering and Public Works
Coun .t), of Albemarle
401 Mc.Intim Road, Room 211
Charlottesville, VA 22902
RE: Various City/County Projects
Dear Bill
During the past year, the City and County have discussed two relatively small projects involving the
Juvenile and DomeStic Relations Court on High Street. In particular, Jo Higgins, Joe Letteri and myself
have looked at modifications to the second floor to accommodate a small court room for public hearings
involving minom and modifications to the third floor to accommodate additional offices for intake officem.
Plans for both projects have been prepared by Bushman/Drs~us Architects and copies of each havebeen
forwarded to Joe Higg~ns/Joe Letteri.
As you may know, the City is responsible for managing and overseeing construction and/or repaim made to
the J&DR Court facility. Accordingly, we have secured bids for the work on the third floor and would like
to commence work immediately; the estimated budget for work on rite third floor is $26,000. We am also
prepared to solicit bids for the small court room on the second floor: estimates for this work are $15,000.
This letter is to provide notice of our intent to proceed with the work. Please call me immediately if you
have any questions or concerns regarding the projects, or if you have problems associated with securing
funds for the County's share (50%). As always, I will kee~ you informed of our progress with the work.
~mcerely, ~.~ .~.
Bill L*/etten
Contmcl/Program Manager
Linda Peacock
P~y Koon
~o¢ Letted
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of V]RQINIA
DEPARTMENT OF TRANSPORTATION
Augus~ 8, 1997
BOARD OF SUPERVISORS
08-25-97P02:]2 ~CVD
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 33.1-70.1 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 uo certain condi-
tions. Briefly, the process for initiating the pav!ng 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 Eo the viability of using
this procedure.)
II.
Based on the resident engineer's recommendation the
local governing body shall, by resolution, requesE
that the particular road be hardsurfaced on less nhan
a forty foot right of way. (A sample resolution ~s
enclosed.)
III.
The Commonwealth
approve the requesE
tion the following:
Transportation Commissioner may
after having taken into considera-
A. The safety of the road in its current condition
and in its paved or improved condition.
B. The views of the residents and adjacenE property
owners or those served by such road.
C. The views of the governing body making the
requesE.
WE KEEP /IRGINIA MOVING
D. The ~istorical 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, your local resident
engineer can provide you with any needed assistance.
Sincerely,
/James S. Givens
Secondary Roads Engineer
pc:
Mr. David R. Gehr
Mr. James G. Browder, Jr.
Mr. James W. Atwell
Mr. Claude D. Garver, Jr.
District Administrators
Distric5 Construction Engzneers
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 Transportation ~VDOT) to consider the hardsurfaclng
of any secondBry road meeting the criteria prescribed by this
statute, and
WHEREAS, Route between and is included in the
current six-year plan for improvemenus uo the secondary system in
the county, and
WHEREAS, this Board has requested V/DOT's Resident Engineer ~o
review ~his section of road to determine if it is a viable
candidate for hardsurfacing 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 Transporuaulon
hardsurface this road in accordance with the provzsmons of Section
33.1-70.1 of the Code of Virglnma and the related policies of that
agency.
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer of the Virginia
Department of Transportatzon.
COUNTY OF ALBEMARLE
MEMORANDUM
BOARD OF SUPERVISORS
08-27-97?0 22 RCYD
TO:
FROM:
DATE:
RE:
Albemarle County Board of Supervisors
Robert W. Tucker, Jr., County Executivek,
August 27, 1997
Commonality
Enclosed for your review is a copy of a report on Commonality between the School Division and
Local Government that was presented by the Supefintendent's staff at this past Monday's School
Board meeting.
I anticipate further discussion between the two boards this fall and will be providing further analysis
at a later date. Should you have any questions, please do not hesitate to contact me.
RWTjr/bat
97-7
Enclosure
Enclosure I
Commonality in
Albemarle County
Commonality - Background and Practice
The conceot of commonality refers to the formal arrangement where the school division ana local
government maintain combined Human Resources, Finance, ana Information Services ~unctions in addition to
standardized Dersonne policies and comoensation structures. Commonality began in the 970%. wnen joint
payroli accounting, ana computer systems were established DetM/een schools and local government. Because
these areas were alreaay handled jointly and because the administrative offices of the two entities were
nousea together in the former Lane High School building, tne concept of combining the personnel
management functions of the school division aha local government seemea to De a Iogica next steP.
In the fall of 1983. the first steos were taken to consolidate the personnel fJnctions of the schools and
Ioca government, At that time. the school division oDeratea a very traditional school division personnel office
in that it was concerned Drimaril, with teacher recruitment, selection, ~nd certification The local government
personnel function was primarily performea Dy the County Executive with the assistance of a clerk, Loca
government vacanaes were advertised througn the Virginia Employment Commission. Neither s~ae of the
organization had an organized system for tracking essential Dersonnel aata. For examDle, in the school
division files on classified aersonnel were held in mult Die sites. The County Executive at that time, Hr, Guy
Agnor, believed that combining the ~ersonne~ management function into one office would be an effective way
to promote efficiency.
Once the ~hysical merger of the personnel functions haa been comoleted, the decision was made ay
tne Board of Supervisors and the Schoo Board in the mid- 1980% to standardize oersonnel policies ana
comDensation aract~ces in the overa~ organization This decision was made based on a belief that these areas
should be standardized because the employees involved serve the same citizens and taxpayers ana were
being compensated with the same tax revenues. Once oollaes had actually been standardized, a process for
maintaining ~nem was developed. This grocess involves a .oint Personnel Policy Committee, which makes
initial recommendations for new Policies and solicits input on these recommendations from school and local
government employees. Fina recommendations go to the County Executive ana Superintendent. ana
ultimately. To the School Board and the Board of Supervisors. The two Boaras have also continued to
collaborate on standardized comoensatlon and benefits The recent consultant study and tne joint work group
studying compression are ~vo recent examples of this ongoing collaboration. :riot to these steps being taken,
differences in Policies and compensation often caused significant friction between the t~vo sides of the
organization, espeoa ~y at Duoget t~me. While the standardization has alleviated many of the conflicts, some
conflicts still occur because some standardized practices do not always "fit" we~ because of the differences that
exist in the functions of Iota government and schools,
:ollowing is a summary of now costs are currently shared in the areas of Human Resources.
Information Services and Finance:
The costs of the combined Human Resources function is shared between schools and Ioca
government on a 79% (schools) - 2 % (local government) basis. This breakdown is
reviewed on a yean~ basis based on the actual number of employees in each Dart of the
organization The tota :v 997-98 budget for the Human Resources Department ~s
$1, 59.365.
The Information Services budget acludes $542,683 for services to the schools, Of this figure.
the school division funds $324.783 an0 local government funds $218,880, which pays for 4.2
full-time equivalent (rTE) positions.
The Finance Department orovides all of the school division's services n the areas of
accounting, Dayroll. and purchasing. The Finance Department budget ~nouoes $342.692 for
8.65 rTE pos~t~ons to 0rovide services to schools. The school division buoget ooes no~
orovide funding for these services.
Other Shared Services/Funcdons
In addition to the commonality-related functions of Human Resources, Finance. and Information
Services, a number of other strong collaborations have developed between schools and ~oca~ government.
Legal Services - The school division's legal counsel ~s provided ;y the County Attorney's
Office. A total of $78.098 is included in the local government budget for . 15 FTE pos~t~ons
to provide these services.
Capital Projects Management - Since FY 993-94. the school division has completed or ~s in
the orocess of completing a~roximatelv $73.8 million n capital projects. The Capital
Imorovements Program for FY 1997-98 includes a~most ];23 million for such projects. The
local govemment Engineering Department ~uoget provides $301.549 to support tnese
pro]ects, which includes 4 FTE oositions plus operational costs.
Stc~fDevelot)ment - The Coordinator of Staff Development serves both the schools and local
government. The staff develoDment function is funded on a 79% (schools) - 21% (local
government) basis. This breakdown, like Human Resources. ~s also reviewed on a yearly basis
~aseG on the actual number of employees in each part of the organization. This collaboration
has enabled a significant number of offerings to be offered to both parts of the organization.
especially those related to the Quality Improvement Program (QuiP) and the School
~morovement Process. The total staff develooment budget for schools ano local government
is $198.794.
Parks & Recreation - Support from the Parks and P, ecreation Deoartment has enabled
elementary schools to receive significant amounts of playgrouno equipment and also to nave
full-size gyms. Parks and Recreation is also collaborating with the school division to Drowoe
afferscnoo :rograms for mido~e scnoo~ szuoenrs.
Budget Development - A joint committee from the school division and local government
conducts a joint review of the working budgets of both the school oivision and Ioca
government as ~art of the overall budget development process.
"Bright Stars" - A collaboration between local govemment and the school division has enabled
a 4 year-old program to be offered in 3 elementary schools. This project ~s managed througn
the Social Services Department by a joint board that includes school and Ioca govemmenz
staff.
Vehicular Maintenance - The schoo division's Vehicular Maintenance DepaAment 3rovides
contractual maintenance service to police and other local government vehicles on atime ano
materials basis, which allows the school division's excellent vehicular maintenance facilities to
~e utilized more efficiently and effectively.
County Off/ce Building - The local government budget ncludes funding for the operating
expenses of the County Office Building. The school division budget does not include any
funding for this area.
Financial Arrangements
Albemarle Count~ Financial Policy (Attachment I), established n 994. references a yeany "Memo of
Understanding" between the two Boards as to revenue a~ocations for the coming fiscal year. However this
steo has not ever formally occurred n general, tne school division has received tne same local revenue ~t
received for the prewous year p~us 60% of all new revenue after debt service and costs related to the
revenue sharing agreement with the City of Charlottesville have been accounted for. (School divisions debt
service for FY 97-98 is $6.8 million, up from $2.03 million n FY 87-88.) The 60%/40% arrangement is
referenced in the Financial Policy. The sBecific origin of this arrangement is uncertain, although it has been in
place for a number of years. The 60%/40% spl~t is rougmy eouivalent to the split between local government
and schools in the County's yeany operating budget. The school division budget is generally planned based
on orojections provided Dy tne County Executive's Office in November, Additional funding for the school
division beyond the November proJection nas generally been provided by the Board of Supervisors during the
Duoget Process.
Strengths of Current Structure
The commonality structure and the collaboration it nas engendered have yielded a number of positive
results. These include consistency in personnel policy and practice and in employee compensation, which has
eliminated much of the conflict that existed Dnor to the 980%. There is also an increased efficiency in zerms
of the use of resources. During FY 997-98 the school division w benefit from $gzH ,219 in services from
local government that are not included in the school division budget, exclusive of County Office Building
exDenses. The level of cooperation between schools ana ioca~ government in Albemarle County is extremely
unique within the Commonwealth of Virginia.
Issues
Under the standardized structure of policies ano pay ranges, there is not always a Deflect match for all
circumszances. For example, some concern nas Deen raised that a schoo Office Associate is different from
the Office Associate positions at central office or in Ioca government even tnough ~ney are in the same pay
ranges. There is also the philosophical question as to whether or not one Human Resources Department can
administer both schools and local government given some of the differences in the two functions. The funding
of the Human P, esources Department might also need to be reexamined n terms of actual functional use.
Because the schoo division employs a much larger number of Dar~-time and temporary Dositions. tne schoo'
division mlgnt ac~uafly be using a higher percentage of services from the 79% it funds. Another concem may
De the formal structures in place for the Board of Supervisors and the School Board to interact during the
budget developmen~ process.
Building Code Information
(804) 296-5832
COUNTY OF ALBEMARLE
Deparlment of Building Code and Zoning Services
40I Mdnfire Road. Room 223
Charlottesville. Virginia 22902-4596
FAX I804~ 972-4126
'fTD (804) 9724012
BOARD OF SE PERVISORS
C8-22-9~?C!:28 RCVD
ZonNgln~rmafion
(8041296-5875
August 20, 1997
Judith H. McGimliss
1150 Firethorn Court
Crozet, Virginia 22932
William Persen
3381 Walnut Hill Farm Road
Charlottesv'flle, Virginia 22901
OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 47, Parcel 43
Dear Ms. McGinniss:
This letter is to confirm in writing for the record, the determination which I have shared with you
verbally. The County Attorney and I have reviewed the title information and other records you
have submitted for the above-noted property. It is the County Attorney's advisory opinion and
my official determination, that at the date of adoption of the Zoning Ordinance this property
consisted of two (2) separate parcels. Tax map 47, parcel 43 contains two separate parcels
comprised of approximately 25.023 and 39.287 acres.
There were a number of land transactions related to this property during the years 1973-74. Since
multiple transactions took place in one calendar year and our real estate department only updated
the maps once a year, some of the parcels were never depicted or numbered as separate parcels.
Likewise, we did not recognize deeds of trust as creating parcels since they did not meet either
the zoning ordinance or the subdivision ordinance regulations for the creation of new parcels.
This determination considered among other findings, the descriptive clauses of the deed and the
manner in which the properties were acquired. In that respect, this consideration is based on the
findings of the Virginia Supreme Court in the case, t~aigon v. llnlon Cutup 994 VA 54.
Furthermore, the property was acquired in two separate deeds. The 39___acres was acquired in
one deed which called it "one tract" even though it further described it as "designated as Lots 43
OFFIC/AL DETERMINATION OF NUMBER OF PARCELS
Tax Map 47, Parcels 43 & 44
Page 2
and 44 on Albemarle County Tax Map 47." In the deed of the 25+acres, three parcels were
purchased as "the following described property" and separately referred to as Tracts I, 1I, and RI.
Ali the acreage except the 25___acres, which was a portion of Tract I, has since been sold and is
not party to this determination.
This determination results in one (1) additional parcel than is shown with a parcel number on the
current County tax maps. As separate parcels, either individual parcel may be conveyed
separately. If you chose, I can sign a plat for recordation which establishes the parcel boundaries
and notes this determination.
Both of these lawfully separate parcels are entitled to associated, theoretical development rights.
Both parcels have all five (5) development rights. Therefore, each may be divided into a
maximum of five parcels, each of less than 21 acres, and the 39__+ acres would have to also
include one additional parcel of not less than 21 acres. (See the Albemarle County Zoning
Ordinance, Section 10.3.1.)
If you are aggrieved by this determ/nation, you have the right to appeal it within thirty (30) days
of the date notice of this determination is given, in accordance with Section 15.1-496.1 of the
Code of Virginia. If you do not file a timely appeal, this determination shall be final and
unappealable. An appeal shall be taken only by filing with the Zon/ng 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.
Sincerely,
Janlce D. Sprinlde
Deputy Zoning Administrator
CC:
Larry Davis
John Shepard, Planning Department
Gay Carver, Real Estate Department
Ella Carey Clerk, Board of Supervisors
Reading Fi/es
NOTE:
One (1) additional parcel
One (1) by Tax Map, two (2) by determination
COUNTY OF ALBEMARLE
)8 2p glP ........ ""-' ' .-.~"~.tzaj.
lull
~ 1997'
EXEOUTiVE OFFIOE
J/TO:
FROM:
DATE:
RE:
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville. Virginia 22902-4896
(804) 296-5823
MEMORANDUM
Robert W. Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning & Community Development
August 22, 1997
Compliance with Comprehensive Plan (456 Review) - Ragged Mountain Natural
Area
The Albemarle County Planning Commission, at its meeting on August 19, t997, by a vote of
5-1-1, found the Ragged Mountain Natural Area to be in compliance with the Comprehensive
Plan under the following conditions:
The trail must conform generally with the proposed plan and be approved by the Water
Resources Manager.
The ICF and the County will continue to work with adjacent landowners to minimize
adverse impacts in the development of trails.
The ICF will conduct a general survey ofnaturai heritage resources and design trails to
avoid areas with identified resources.
The County will work with the City of Charlottesville and the Rivanna Water & Sewer
Authority, including an annual review, to ensure that the proposal, including ind~irect
effects such as increased boating access, does not adversely impact water quality.
5. A site plan must be approved by the Planning Commission.
Attached is a staff report which outlines this proposai. If you have any questions, please do not
hesitate to contact me.
vwc/jff
ATTACHMENT
COUNTY OF ALBEMARLE
Department of Planning & Community Development
MEMORANDUM
TO:
FROM:
DATE:
RE:
Albemarle County Planning Commission
Susan E. Thomas, Senior Planner/l~~'~
August 12, 1997
Ragged Mountain Reservoir 456 Review
This item was deferred by the Plamfing Commission at its August 5, 1997 meeting, to allow
representatives from the City of Charlottesville, Rivanna Water and Sewer Authority, and the
Albemarle County Departments of Parks and Recreation and Engineering and Public Works m
attend and answer questions raised at the August 5 meeting. Representatives from the above-
cited entities have been asked to attend the August 19, 1997 Planning Commission meeting, and
they have indicated that they will be there.
Although the issues raised during review of the Ivy Creek Foundation's proposal for Ragged
Motmtain Reservoir were valid and of real concern to the Planning Commission and staff, many
of them lie beyond the scope of this 456 review. The intent of a 456 review, as set forth in
Section 15.1-456 of the Code of Virginia, is to require that no public area, structure or facility
shall be "coustmcted, established or authorized, unless and until the general location or
approximate location, character, and extent thereof has been submitted to and approved by the
local commission as being substantially in accord with the adopted comprehensive plan or pan
thereof." Issues of trespass, poaching, and prior management or lack thereof are more
appropriately addressed by other review or regulatory bodies. The Planning Commission's
responsibility is to review the Ragged Mountain proposal for its compliance with the goals and
principles set forth in the Comprehensive Plan. Staff evaiuated this proposal for compliance with
the Plan in the report prepared for the August 5 meeting of the Commission.
At the Commission's request, staff has included additional background material on this project.
ATTACHMENTS
A - July 18, 1996 memorandum from David I-Iirschman to Arthur Petrini
B - July 9, 1997 letter from VDOT
C - Ragged Mountain Reservoir Report, prepared by AlbemarleCounty Parks and Recreation
and Assistant City Manager, Charlottesville
I:~GENEP~LISI-LdREITHOM~SICOMDEI4R~GMT~ PCM
TO:
FROM:
DATE:
RE:
[ATTACHMENT
COUNTY OF ALBEMARLE
MEMORANDUM
.M'thur D. Petrini - Rivanna Water and Sewer Authority
David Hirschman - Water Resources Manager~
July 18, 1996
Ivy Creek Foundation Proposal for Ragged Mountain Reservoir
My comments on the Ivy Creek Foundation's proposal for the Ragged Mountain Reservoir area
address the first and last items of your July 16 memorandum. The comments are as follows:
In my experience, the Ivy Creek Foundation has done a diligent and conscientious job
with trail maintenance and litter control at the Ivy Creek Natural Area adjacent to the
South Fork Rivauna Reservoir. I fully believe that this organization can construct and
maintain trails around Ragged Mountain Reservoir with minimal impacts on siltation.
The restriction on mountain bikes and ATVs on the trail system is also a benefit, as these
uses are much more erosive than foot traffic.
I asked both Pat Mullaney of the County Parks and Recreation Department and Kay
Frazier of the City's Park Division for their opinions on the Ivy Creek Foundation, the
organization's track record, and the prospect of the Foundation managing trails at Ragged
Mountain Reservoir. Both parks directors offered high praise for the Foundation and.its
record of land stewardship and responsible maintenance. Mr. Mullaney also expressed
that the Foundation's educational projects would teach children "to treasure and protect
natural resources in the future."
In summary, the Ivy Creek Foundation has an excellent reputation in the community for
both land stewardship and education, and would likely extend these talents to the Ragged
Mountain project.
The land surrounding the Ragged Mountain Reservoir is subject to the County's Water
Resources Protection Areas Ordinance. This ordinance stipulates the maintenance ora
vegetated buffer adjacent to perennial stream and waterbodies. Within the buffer, "access
paths" must be "constructed and surfaced so as to effectively control erosion" [Section
8(1o)]. It is likely that much of the perimeter trail at Ragged Mountain would be subject to
County review under this ordinance with the express purpose of protecting water
resources.
MEMORANDUM
Ivy Creek Foundation Proposal for Ragged Mountain Reservoir
July 18, 1996
Page Two
According m the sketch provided with Mr. Bieker's letter, the proposed parking area
appears to be below the lower dam, and would drain downstream from the reservoir.
This is positive from a nmoff perspective.
The last comment in your letter is very pertinent. The limited parking permit system has
been in place for some time. A new arrangement for parking and reservoir access must
be crafted with care. The following points should be considered:
· Special preference should not be given to either fishermen or hikers/nature viewers.
· The current system of"parking permits" restricts the number of fishermen on the
reservoir at any one time. If there were a larger parking area available, what would
keep it from filling up with fishermen, and thus increasing dramatically the number
of boats on the reservoir (many fishermen keep boats at the reservoir's edge)? Is
there a system that could replace the current parking permits to achieve the same
objective, or should the entire issue of fishing access be revisited inlight of the Ivy
Creek Foundation proposal?
· If there is a shared parking facility below the dam, fishermen must be able to drive
past this spot to a boat drop-offpoim, carry their boats to the water, and then remm
their vehicles to the parking lot.
This aspect of the Ivy Creek Foundation proposal is perhaps the most contentious. A
solution would best be worked out with representation from the various user-groups.
Please let me know if you need any additional information at this time.
DYH/ctj
Copy: Pat Mullaney, Albemarle County Parks & Recreation
Kay Frazier, Charlottesville Parks Division
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of ViRGINiA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE. 22911
July 9, 1997
IATTACHMENT B!
A. G. TUCKER
RES[DENT ENGINEER
Ragged Mountain Reservoir
Nature Trail, Route 702
Ms. Susan Thomas
Dept. of Planning
Community DevelopmenE
401 McIntire Road
Charlottesville, VA
22902
Dear Ms. Thomas:
The above referenced site has been reviewed, with the following commencs:
A 30' commercial entrance with adequate radii will be required for this slue.
In order to maintain a min!mum of 300' of sight distance in each direction,
sight easements will be necessary.
Route 702 currently exists as a 10'-12' gravel roadway, which is classified as
non-tolerable. Any additional usage will certainly increase the public
awareness for improvements, however the roadway is currently in the Six-Year
Plan, with an advertisemenu date of October 2004.
If you should have any questions, please advise.
Sincerely,
Per. & sub. Spec. Supv.
JHK/ldw
cc: H. W. Mills
TRANSPORTATION FOR THE 21ST CENTURY
I ATTACHMENT C I
RAGGED MOUNTAIN RESERVOIR REPORT
On Friday, August 30, 1996, a meeting was held at City Hall to
discuss the Ivy Creek Foundation proposal to have the Ragged
Mountain Reservoir property designated as a natural area to be
managed by ICF in a similar fashion as ICNA. In attendance au
that meeting were Kay Slaughter, Leon Churchill, Judy Muehler,
Satyendra Huja, and Ron Higgins from the City, Charlotte Humphris
and Pat Mullaney from the County, Art Petrini and Gene Potter
from RWSA, and Dan Bieker, Dee Dee Smith and Francis Fife from
ICF.
The initial development being considered for the propersy
includes a small parking area on an adjacenu piece of privately
owned property and an approximate 3 mile nature trail around the
lower reservoir. ICF officials have a letter expressing
willingness from the adjacent property owner to consider making a
portion of his land available for the parking area. Most recent
discussions indicate the property owner favors transfering
ownership of the property to the City, County, or ICF. ICF
proposes to lay out, construct, post, monitor and maintain the
trails, as well as handle public inquiries and distribute
information. The City and County would be asked to provide funds
for trail construction materials and hazard mitigation. ICF has
secured grant funding in the amounu of $15,000 for the
construction of the parking area.
The discussmon was generally favorable of this project. There
were several potential liability hazards pointed out by RWSA
officials. The group agreed that a staff analyses of the pro's
and con's of the pro3ect, including initial and on going costs,
review of the hazards, and other general concerns, should be
provided uo the group for further discussion. Ms. Humphris asked
Mr. Mullaney to prepare such a report. Mr. Mullaney said he
would prepare a draft report and pass it on to Mr. Churchill, for
any deletions or additions, and then the report would be
finalized and submitted to the group for review. On September
13, 1996, Mssrs. Churchill, Fife, Bieker and Mullaney visited the
site and walked the proposed trail with Richard Defibaugh of RWSA
and Bob Crickenberger of County Parks and Recreation.
Project Positives:
1. Tremendous opportunity to get additional public benefit from
a 980 acre tract of publicly owned land in a way that would not
have a significant adverse impact on it's primary use as a wauer
supply.
2. Will relieve some of the heavy usage that Ivy Creek receives.
3. Large tract of unspoiled, rugged, publicly-accessible land
with remote parking area offers a truly unique wilderness hiking
different from that found at Ivy Creek, hiking~fishing, nature
study opportunity close to town.
4. Willingness of Ivy Creek Foundation to build and monitor
trails for the City and County makes this an opportunity that
be provided at a minimal expense to City and County taxpayers.
can
5. Ivy Creek Foundation's outstanding track record with the City
and County for land stewardship and educational programming at
ICNA.
6. Monitoring of area by ICF and increased use of area for legal
use will discourage currenn illegal use.
1. Initial and ongoing cosus to be incurred by the City and
County.
Three potential hazard areas:
a. Diversion box covers
b. Access to upper gate house
c. Water line tunnel from Sugar Hollow
3. Potential erosion an upper lake spillway where trail crosses.
The impact o~ the increased use on the water resource.
5. Creating an attraction to encourage additional urespasslng
through Ednam Forest.
6. Would this creaue a need to reconsider the current parking
permit system for fisherman?
7. Will increased access no this area create a demand for more
and better access by boat fisherman and others?
Discussion of Concerns:
1. Initial and on going costs - The initial costs no be incurred
by the City and County are estimated au $5,000 for the materials
for trail development and the mitigation of hazards. Initial
costs for trail development could easily increase to the $20,000
range if bridging 4 stream crossings was deemed necessary.
However, given the length and difficulty of the trail from the
parking area to the stream crossings, it was determined during
the site visit, that anyone who can make it to the stream
crossings can easily negotiate them by means of a few well placed
sneps. This decision is also well-suited for a more rugged trail
that Ragged Mountain could serve.
The cost of the parking area was originally estimated at $20~000
by ICF. The plans have been reviewed by City and County
Engineering Department staff. Preliminary estimates by the
County Engineering Department and a private contractor were in
the $15,000 range which is the amount of the ICF grant for this
purpose. I! the project is approved, it is advised that the City
and County could anticipate potential additional costs of up to
$5,000 for cost overruns and for surveying and appraisal costs
associated with the land donation for the parking area.
Ongoing costs would include salary costs of approximately
$3650/yr. for an employee to open and close the gate and clean
the parking area each day as needed. A porte john should be
provided at the parking area at the cost of $1200/yr. The
involvement of ICF greatly reduces annual operating cosss.
up
2. Hazard mitigation The field inspection revealed two
diversion box covers that will need to be secured and the need ~o
dismantle the bridge to the upper dam gate house. The water line
tunnel from Sugar Hollow is not easy to find or access from the
proposed trail and was not viewed during the site inspection. A
grate can be fashioned Eo secure access into the tunnel. Cost of
hazard mitigation is estimated at less than $2,000 and is
included in the $5,000 start up material expenses.
3. Erosion at upper lake spillway - There is concern about
erosion where the trail crosses the spillway. RWSA engineers
should review the trail plan 5o make sure this is adequately
addressed. Nothing can be placed in the spillway that will raise
the current level or impede the flow of water through it.
4. Impact of increased use on water resource - The Water
Resources Manager has reviewed this use and believes it can be
done with a very minimal impact. Due to the stewardship of ICF
and the clientele expected to be attracted by this type of
facility, it ~s anticipated that this use may actually discourage
current illegal uses of the property.
5. It is not anticipated that this type of facility would
encourage additional trespassing through Ednam Forest. These
improvements would allow area residents to better access the
property in a legal fashion.
6. Consideration on revising the current permit parking system
This project would not necessarily create a need to revise the
current system. The relatively remote parking area would not
lead to additional boat traffic on the lake, unless more
fisherman decided to leave their boats at the lake after getting
one of the current permits. If anything, this practice of
allowing boats to be left should be revisited. Even if a boat is
left at the reservoir it is unlikely that many fishermen would
want ~o carry their gear, battery, and motor from the parking
area to the lake.
7. Create demand for better access - This is possible. Ragged
Mountain is a beautiful property. The designation of the
property as a natural area from the onset as requested by Ivy
Creek should be done if better future access isdeemed
undesirable.
Reco~mLendation:
City and County staff believe this is a good project with more
benefits than costs. The concerns are manageable and not
significant enough to prohibit the project. The parking area is
a critical aspect of the pro]ecto A formal agreement, on the
lease or purchase of the private property, needs to be reached as
the firs5 step if approval is received by the City, County and
RWSA to proceed. The $5,000 for initial trail development and
hazard mitigation, along with any operating costs prior to June
30, 1997, should be absorbed to the extent possible by the
current Towe Park budget. Once the facility is operational the
Towe Park crew should assume responsibility for general
supervision and assistance to ICF voiunEeers who will be
providing direct supervision. The County Parks and Recreation
Director should provide administrative and policy oversight and
assistance to ICF as is currently done with ICNA. Any cost
associated with the development of the parking lot, which is
beyond the $15,000 ICF funding should be shared from the City and
County's current Capital Improvements Program. Since the
property is owned by the City, the City Attorney Office should do
the legal work related to the property acquisition, and City
Engineering should provide oversight for the parking lot project.
Bills for direct costs incurred for legal work (survey, title
search, appraisal, etc.) should be submitted to the County Parks
and Recreation Director for payment from the Towe Park budges.
STAFF PERSON:
PLANNING COMMISSION:
Susan Thomas
August 5, 1997
Review for Compliance with the Comprehensive Plan (15.1-456 Reviewk Iw Creek Foundation
Proposal to Establish Natural Area at Ragged Mountain Reservoir
BACKGROUND
As per Section 15.1-456 of the Code of Virgima, the Ivy Creek Foundation (ICF) has requested
that the Planning Commission review its proposal to establish and manage a natural area at the
Ragged Mountain Reservoir (also referred to as the City Reservoir). The reservoir consists of
two lakes connected by a dam as well as the surrounding property, for a total of 980 acres. It is
ox~med by the City of Charlottesville and managed by the Rivauna Water and Sewer Authority
(RWSA). The property, described as Tax Map 75, Parcel 1, is located in the Samuel Miller
Magisterial District. Access to the property is from Reservoir Road (State Route 702). The
property is zoned RA, Rural Areas, and is designated RA, Rural Area, in the Comprehensive
Plan. It is located within Neighborhood 6. (See Attachment A)
At its meeting of March 5, 1997, the Albemarle County Board of Supervisors approved a request
from the Ivy Creek Foundation to participate in the development and maintenance of a rustic
hiking trail and small parking area at Ragged Mountain Reservoir. Under this agreement, the
County and City together will contribute $5,000 for trail building materials and mitigation of
hazards, with ICE contributing the labor. The cost of the parking area is estimated at ~;15,000,
and ICF has secured a grant in that amount. The City and County have been advised of the
potential for a $5,000 cost overrun associated with construction and transfer of the park'mg lot
acreage to City ownership, which they would also share. Annual operating costs are estimated at
$3650 for an employee to open and close the parking area gate, $1200 for portable toilets.
County funds will come from the Towe Park budget. (See Attachment B)
The Ivy Creek Foundation discussed this project with the Rivanna Water and Sewer Authority at
its July 22, 1996 meeting, and received a favorable response. On August 30, 1996,
representatives from the City, County, ICF, and RWSA met for further discussion of
implementation issues. Subsequently, the ICF request was approved by the County Board of
Supervisors on March 5 (consent agenda) and by City Council on April 7, 1997.
ICF's concept calls for the reservoir acreage to undergo very limited development as a natural
area, similar to but more ragged than the Ivy Creek Natural Area. The initial development plan
includes a 20-space parking lot located across from the Camp Holiday Trails entrance, a path
linking the parking lot with the lake in the vicinity of the caretaker's house, and a trail around the
lower reservoir of approximately 3 miles in length. Ownership of the parking lot property will
be transferred to the City. After the lower trail is completed, ICF plans to construct a trail around
the upper reservoir. Eventually, trails may be developed on the remainder of the property.
Under ICF's management proposal, Ragged Mountain Natural Area would be open to the public
for hik'mg, nature observation and study, and fish'mg. There would be occasional public hikes,
nature programs, and educational outing for school groups, sim'tar to the Ivy Creek Natural Area
but less intensive. The entire tract would be designated a "natural area" upon which natural
processes would be allowed to take place undisturbed, except as necessary for operation as a
public water supply by RWSA. As such, no motorcycles, mountain bikes, horses, pets, hunting,
trapping, roads, or timber cutting would be permitted. The Ivy Creek Foundation would
welcome the incorporation of additional acreage, should the oppommity arise. (See
Attachment C)
DISCUSSION
The Board has approved the funding request for development of Ragged Mountain Natural Area.
This Compliance with the Comprehensive Plan Review focuses on the appropriateness of the use
of the property as it relates to the Comprehensive Plan.
The following Comprehensive Plan general principles and recommendations are applicable to
this project:
Promote non-regulatory preservation of natural and scenic areas through voluntary
measures such as agricultural/forestal districts, conservation easements, and financial
incentives (Strategy, p. 89, 1989 Comprehensive Plan).
Protect the County's surface water and ground water supplies through the enforcement of
existing regulations and identification and preservation of significant resources that
protect the reservoirs and groundwater recharge areas (Recommendation, p. 115, 1996
Land Use Plan).
Ragged Mountain Reservoir shown as Public Recreation Area on Open Space Concept
Map (p. 12, Open Space and Critical Resources Plan).
Additionally, the draft Greenways section of the Comprehensive Plan currently under discussion
recommends that the County utilize opportunities for park and open space development, when
available and appropriate.
Adjacent property owners in Ednam Forest have expressed concern over the potential for
increased trespass from establishment of the natural area. Individuals have taken access to
Ragged Mountain Resc~rvoir to hike, camp, and hunt, through homes located on Rookwood
Drive. Representatives from Albemarle County Departments of Parks and Recreation and
Planning and Community Development, Rivanna Water and Sewer Authority, and the Ivy Creek
Foundation have discussed these concerns with the residents, and anticipate a continuing
dialogue as ICF implements its plan. It is staff's opinion that these incidents will decrease when
adequate parking is provided in the new lot, and users are oriented away from the Ednam
boundary through trail design. Where existing trails lie close to the boundary, ICF plans to close
or sign them to discourage use. Current unauthorized activities such as hunting and dirt and
mounta'm bike riding are expected to cease when ICF assumes a management role at the
reservoir, since these are not consistent with its plan for the area. Regular mon/toring of the area
will be done by ICF and the public users of the trails.
RECOMMENDATION
This project meets the intent of several of the Comprehensive Plan's general principles, strategies
and recommendations. It provides a unique opportunity for public education and recreation close
to a number of population centers, without adverse impact to its primary use as a water supply.
Although concerns have been expressed by adjacent property owners over potential trespass,
staff believes that management of the reservoir area by the Ivy Creek Foundation will actually
reduce incidents of trespass and provide a mechanism for more effectively dealing with
unauthorized activities. For these reasons, staff believes that this project complies with the intent
of the Comprehensive Plan and recommends favorable action by the Planning Commission.
ATTACI-IMENTS:
A - Location Map
B - Executive Summary, March 5, 1997
C - Ivy Creek Foundation Proposal, February 21, 1997
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O NTY OF ALBEMI
EXECUTIVE SUMMARY
!L,-:
· ATTACHMENT
1997
PARKS & REC. DEPT.
AGENDA TITLE:
Ragged Mountain Reservoir Nature Trail
SUBJECT/PROPOSAL/REQUEST:
Request from the Ivy Creek Foundation for County approval
and pa~cipation in the development and maintenance of a
rustic hiking trail and small parking area at Ragged Mountain
Reservoir.
AGENDA DATE:
March 5, 1997
ACTION:
CONSENT AGENDA:
ACTION: X
ffEM NUMBER:
INFORMATION:
INFORMATION:
STAFF CONTACT(S}:
Messm. Tucker, Huff, and Mullaney
BACKGROUND:
ATIACHNENTS: Yes /~]~
RENEWED BY)~7
In March of 1996, the Ivy Creek Foundation began seeking input on a proposal for a very limited development of the Ragged
Mountain Reservoir property for hiking and nature observation. In addition to the development, the IW Creek Foundation
pmpesal includes that the property be designated as a natural area to be managed by ICF in a similar fashion as ICNA. After
receMng favorable comments on the proposal, the Foundation requested the matter be discussed at the July 22, 1996 meeting
of the PJvanna Water and Sewer Authority. ICF members lea the July 22 meeting with the understanding that the project was
approved in concept and that the necessary permission to proceed should be sought from City Council and the Board of
SuperWSOrs. OnAugust 30, 1996, a meeting was held at City Hall to get apprepdate City and County representatives involved
in the discussions, in attendance at that meeting were Kay Slaughter, Leon Churchill, Judy Muehler, Satyendra Huja, and Ron
Higgins from the City, Chadctte Humphds and Pat Mullaney from the County, Art Petdni and Gene Potter from RWSA, and Dan
Bieker, Dee Dee Sm~ and Francis Fife from ICF. The discues~on of the project was generally favorable. RWSA staff pointed
out several potential liability hazards and concerns that would need to be addressed. The group agreed that a staff analyses
of the pro's and con's of the project, including initial and on going costs, review of hazards, and other general concerns, should
be provided before presentation of the proposal to the City and County. Enclosed is that staff analyses entitled "Ragged
Mountain Reservoir Report".
DISCUSSION:
The following is a summary of the staff analyses of the ICF proposal in the enclosed Ragged Mountain Reservoir Report:
Project Positives:
Tremendous opportunity to get additional public benefit from a 980 acre tract of public land without an adverse impact
on it's pdmary use.
Will relieve some of the heavy usage Ivy Creek receives and offer a truly unique wilderness hiking experience close to
town.
Willingness of Ivy Creek Foundation to build and monitor trails makes this an opportunity that can be provided at a
minimal expense.
Monitoring of area by ICF and increased legal use will discourage current illegal use.
Concerns:
1. Initial and ongoing costs.
!997
AGENDA TITLE: Ragged Mount
March 5, 1997
Page2?'; ~ '~ ~: i
Res.. ~oir Nature Trail
Potential hazards at diversion box covers, upper gate house, and water line tunnel from Sugar Hollow, and potential
erosion at upper lake spillway where trail crosses.
The impact of this use on the water resource, and demand for more use.
4. Creating an attraction to encourage more trespassing through Ednam Forest.
Discussion of Concerns:
The in,al costs to be incurred by the City and County are estimated at $5,000 for trail building materials and mitigation of
hazards. Labor for trail constmciion will be provided by ICF. The cost of the parking area is estimated at $15,000 and ICF has
secured a grant in that amount. It is advised that the City and County could anticipate an additional cost of up to $5,000 for
potentPal cost overruns and for costs associated with a land donation for the parking area. Annual operating costs are estimated
at $3650 for an employee to open and close the gate and $1200 for porta john se[vice.
The Water Resources Manager has reviewed this use and believes it can be done with a very minimal impact. RWSA engineers
would review and approve trail plans to make sure concerns for the upper lake spillway am addressed, it is anticipated that
these improvements would allow area residents to better access the property in a legal fashion. The minor improvements airs
not expected to encourage additional trespassing through Ednam Forest. Due to the stewardship of ICF and the clientele
expected to be attracted, illegal uses of the property may actually decrease.
Ragged Mountain Reservoir is a beautiful property. It is possible that increased public use may lead to the demand for more
improved public access. Designation of this properbj as a natural area from the onset, as requested by ICF, should be
considered if better future public access is deemed undesirable.
City and County staff believe this is a good project with more benefits than costs. The concerns are manageable and not
sign?~cant enough to prohibit the project. A formal agreement, on the lease or purchase of the private property for the parking
lot needs to be reached as the first step, if approval is received by the City, County, and RWSA to proceed. Any City/County
expenses should be absorbed to the extent possible from the Towe Park budget with that crew assuming responsibility for
general supen/ision and assistance to ICF volunteers. The County Parks and Recreation Director should p!'ovide administrate
and policy oversight and assistance to ICF, as is currently done with ICNA. Since the property is owned by the City, the City
Attorney's Offica should do the legal work related to the property acquisition, and City Engineering should provide oversight for
the parking lot project.
RECOMMENDATION:
Staff recommends the County Board of Supervisors approve the proposed project and agree to pa~cipate in the manner
outlined above. County approval and parlJcipation is contingent on similar approval by the City of Charlottesville and the Rivanea
Water and Sewer Authority.
97.040
LATTACHPIENT 'C J
To: Charlottesville City Council and Albemarle County Board of Supervisors
From: The Ivy Creek Foundation Board of Directors
Re: Establishment of the Ragged Mountain Natural Area
Date: February 21, 1997
The 980-acre Ragged Mountain Reservoir property is a forested, relatively undisturbed tract,
situated 2 miles southwest of Charlottesville. With two lakes comprising 65 acres of surface
water, the property is owned by the City of Charlottesville and managed by the Rivanna Water
and Sewer Authority as a public water supply.
The Ivy Creek Foundation is proposing to establish a natural area at this site, similar to the Ivy
Creek Natural Area on the Rivanna Reservoir. As such, the property would be open free to the
public for hiking, nature observation and study, and fishing, with the intent that it be preserved in
a natural state. The Foundation would be willing to participate in a management agreement with
the City and County as now exists at Ivy Creek. For more than 17 years this arrangement has
provided area residents with a unique recreational resource at minimal expense to the City and
County. Under such an agreement at Ragged Mountain, the Ivy Creek Foundation will:
· Lay out construct, post, monitor, and maintain a trail system.
Secure title in the City's name to a portion of an adjacent, privately owned field (tax map 75,
parcel 47-B) as well as a connecting corridor to be contiguous to the 980-acre tract, for the
purpose of providing parking space and access to the Natural Area.
Design and construct a gravel-based, rustic parking lot for 20 vehicles (with overflow space)
and an information kiosk. The Foundation is willing to commit a maximum of $15,000
toward the parking facility. TNs sum is estimated to be sufficient.
· Print maps, handle public inquiries, and distribute information through our office.
Conduct occasional public hikes, nature programs, and educational outings for school groups
free ofcharge.
Post Office Box 956 / Charlottesville, Virginia 22902 / Telephone (804) 973-7772
Ragged Mountain Natural Area proposal page 2
Consistent with the Foundation's goals of conservation, passive recreation, and environmemal
education, we request:
The entire Ragged Mountain tract be designated a "natural area" upon which natural
processes be permitted to take place undisturbed, except as necessary for operation and
ma'mtenance as a public water supply by the Rivanna Water and Sewer Authority, and to
further the goals and objectives of the Ivy Creek Foundation.
The City (and/or County) remains committed to ownership of the entire 980-acre tract, the
intent be'rog that the "natural area" status and water quality not be compromised through sale
or lease. The Foundation would welcome the incorporation of additional acreage.
No timber cutting be permitted, except as necessary for the maintenance and operation of the
reservoir as a public water supply, for human safety, and for proper construction and
maintenance of the trail system.
No roads be permitted, except as necessary for proper maintenance and operation of the
property as a public water supply.
Access be designated for foot travel only (with the exception of non-combustion type devices
intended to aid the handicapped), for the purposes ofhiking~ nature observation and study,
and fishing. This would preclude bicycles, all-terrain-vehicles, horses, pets, etc. This is not
meant to preclude small fishing boats with non-combustion motors, provided this use does
not compromise the objectives of the Rivanna Water and Sewer Authority and the Ivy Creek
Foundation.
The hunt'mg or trapping of any animal during any season be prohibited. The willful
introduction of non-native plants be prohibited. The willful introduction of native and non-
native animals be prohibited, except fish stocking under direction of the Virginia Department
of Game and Inland Fisheries.
The City and Coum assume responsibility for maintenance and security of the parking lot,
trash removal, maintenance materials and other functions as currently performed at the Ivy
Creek Natural Area.
The Ragged Moumain property has a rich history and would be a wonderful place for quiet hiking
and nature study. The Ivy Creek Foundation welcomes the opportunity to expand awareness and
preservation of this scenic resource.
1
/ / 47D 47C
/
/
47B
INTERSTATE ROUTE 64
George Alleu
Norton Dunlop
of Nat,~l Resources
B .ARD OF SUPERVISORS
COMMONWEALTH of VIRGINIA
DEPARTMENT OF F2qVIRONMENTAL QUALITY
Valley Reg/ona] Office
Thora~ L. Hopkins
Director
Sfreetaddress: 4411 Early Road, Harrlsonburg, Virginia 22801
Maili~tgaddress: P.O. Boxl129, Harrlsonbur& Virginia 22801-1129
Telephone (540) 574-7800 Fax (540) 574-7878
http~//www, deq.state, va.u$
tL Bradley Chewnlng. P.E.
Valley Regional Director
August 20, 1997
Mr. F.R. Bowie, Chairman
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901
RE: Public Notice of Draft VWP Permit #93-0570
Dear Mr. Bowie:
This letter transmits a copy of the draft p~Lblic notice for the
referenced proposed permit action for your review. This notice is
provided as required by Section 62.1-44.15:01 of the Code of Virginia,
Public notice of this proposed action will be published in the Daily
Proqress. Publication of the public notice in the newspaper will
initiate a 30 day public commen5 period for this proposal. If you
wish co comment on this proposed action, please conEact me aE the
following address:
Virginia Deparcmenn of Environmental Quality
Valley Regional Office
P.O. Box 1129
Harrisonburg, Virginia 228091-1129
If no response ms received by the close of the public comment
period, it will be assumed your jurisdiction has no objections Eo the
proposed permit action. If you have q~aestions about this letter or
the project, please call me at (540) 574-7800.
i e
~e ly'~X %~
ronmental Engineer J
Enclosure: Public Notice
DEQ-VRO/VWPP File
An Agency oftheNatural R~ourc~ Secreta~
PUBLIC NOTICE
MODIFIC~N OF A VIRGINIA WATER PROTE~ PERMIT
AND
STATE CERTIFICATION UNDER THE STATE WATER CONTROL LAW
The Department of Environmental Quality (DEQ) has under consideration
modification of the following Virginia Water Protection (VWP) Permit:
VWP Permit Number:
Name of Permittee:
'Project Name:
Project Location:
Permittee Address:
93-0570
Keswick Corporation
Club Drive and Cedar Lane Pond Construction
Carroll Creek near Keswick
P.O. Box 48
Keswick, Virginia 22947
Stream: Carroll Creek
Basin: James River
Subbasin: Middle James River
':Section: 10 Class: III
Special Standards: None
Description of VWP Permit Activities: The applicant willconstruct two ponds'
as part of a golf course/housing project. Cedar Lane pond will have a~
surface area of 6 acres and will fill or flood 1,800 square feet of State
waters. Club Drive pond has been constructed with a surface area of 2 acres,
''-~and filled or flooded 2,200 square feet of State waters% Impacts'to State
waters will be mitigated by creating wetlands upstream of the two ponds as
follows: 12,100 square feet upsuream of Club Drive pond and 16, D00 square
feet upstream of the Cedar Lane pond. This proposed modification clarifies
-the origlma-t-~r~%it iss~edon.-J~nu~ry-24.~
the monitoring frequency for certain water quality parameters.
On the basis of staff review and application of lawful standards and
regulations, DEQ tentatively proposes to issue the VWP Permit subject to ~
certain conditions. This permit will maintain the Water Quality Standards
adopted by the State Water Control Board.
Persons may comment in writing to DEQ on the proposed issuance of the VWPP
within 30 days from the date of the notice. Address comments to the conta
person listed below. Comments shall include the name, address, and
teleph
n~mher of the writer and a complete, concis~ statement of the factual basis~ ~
for the comments. Only comments received within/this pe~i0d w~ll'be
considered. DEQ may hold a public' hearing if public response is significant.
Requests for a hearing shall state the reason why a hearing is requested, the
nature of the issues to be raised in the hearing, and~a brief explanation of
how the requestor's interests may be directly and adversely affected by the
proposed permit action.
Ail pertinent information is on file and may be inspeoted, and 'arrangements
made for copying by contacting Jay Roberts at: Department Of Environmental
Quality; Valley Regional Office; P.O. Box 1129; Harrisonburg,:Virginia 22801-
· 1129; or call (540) 574-7800.
Following the comment period, the Board will make a determination regarding
the proposed issuance. This determination will become final and effective on
the date of signature by the Director, unless the Director grants a public
hearing. Due notice of any public hearing will be given.
20APaD OF SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY 0a-20-gr'D-2:
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
$20,455,000.
STAFF CONTACT(S):
Messrs. Tucker, Huff, Castner, Breeden
AGENDA DATE:
September 3, 1997
ACTION: ×
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
Funding for the FY 1997/98 Capital Improvement Budget anticipated the issuance of $20,455,000 in bonds through
the Virginia Public School Authority (VPSA) for various school projects.
DISCUSSION:
Participation in the bond issue requires both the School Board and Board 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 25, 1997 and the Board of Supervisors on September 3, 1997. The required application has
already been submitted to VPSA by their September 3, 1997 deadline. A number of actions (resolutions, public
hearings, approvals) will be required between now and November 1997 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.
RECOMMENDATION:
Staff recommends the passing of the resolution authorizing and approving the application to VPSA.
97.157
PUBLIC SCHOOL IMPROVEMENT PROGRAM
BONDED SCHOOL PROJECTS
Exhibit A
Description
Amount
1. High School Technology Education Labs
2. Stony Point Parking & Playfield
3. Vehicular Maintenance Fadlity Reconfigurauon
4. Al-tS Phase II & III Restorations
5. Murray High Renovation
6. New High School
7. WAHS Building Renovations
8. Henley Addition
9. Technology Education Labs
10. Stone Robinson Addition
11. Walton Renovation
12. Brownsville Addition
15. Stony Point Addition
14. Maintenance/Replacement Projects
15. Chiller Replacement (Maintenance/Replacement)
16. Greer I-i~AC Renovations (Maint./Replacemem)
17. ADA Structural Changes
18. VMF Underground Storage Tank Replacement
$ 230,000
20.770
294,000
20,000
70,000
16,946,597
185,000
1,190,000
15,000
250,000
46,000
212,000
205,000
105,000
35,000
22,000
425,000
t80,000
TOTAL $20,451,367
08--P7-9~0:5~ RCVD
At a regular meeting of the Albemarle County School Board held on the 25th day of August, 1997, at the time and
place established by such School Board for its regular meetings, at which the following members were present and absent:
PRESENT:
John Baker, R. Madison Cummings, Susan Gallion, Jeffrey Joseph, Stephen Koleszar, Karen Powell
and Charles Ward.
ABSENT: None.
The following resolution was adopted by the affirmative vote of a majority of all members of the School Board, the
ayes and nays being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
Iohn Baker Aye
R. Madison Cummings Aye
Susan Gallion Aye
Jeffery Joseph Aye
Stephen Koleszar Aye
Karen Powell Aye
Charles Ward Aye
RESOLUTION AUTHORIZING THE FILING OF AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT
NOT TO EXCEED $20,455,000 AND REQUESTING AND
CONSENTING TO THE ISSUANCE OF SCHOOL BONDS
WHEREAS, the Albemarle County School Board (the "School Board") has determined that it is necessary and
desirable for Albemarle County, Virginia (the "County"), to undertake various capital improvements for its public school
system;
BE IT RESOLVED BY THE ALBEMARLE COUNTY SCHOOL BOARD:
1. The filing of an application to the Virginia Public School Authority for a loan to the County in a principal
amount not to exceed $20,455,000 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.
2. The School Board (a) requests, pursuant to Section 15.1-227.41 of the Code of Virginia of 1950, as amended
(the "Code"), that the Board of Supervisors of the County issue its general obligation school bonds in an aggregate principal
amount not to exceed $20,455,000 (the "Bonds") for the purpose of financing various capital improvements to the County's
public school system and (b) consents, pursuant to Section 15.1-227.39.B 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 author/zed 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 tree and
correct extract from the minutes of a regular meeting of the School Board held on the 25th day of August, 1997, and of the
whole thereof so far as applicable to the matters referred to in such extract.
~[l~lq~SS my s~gnature and the seal of the Albemarle County School Board this 25th day of August, 1997.
(SEA~)
lerk Albemarle County School Board
At a regular meeting of the Board of Supervisors of Albemarle County, Vir~mkuia, held on the
3rd day of September, 1997, at the time and place established by such Board for its regular meetings,
m accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the
following members were present and absent:
PRESENT:
ABSENT:
the follo~x4ng resolution was adopted by the affirmative roll call vote ora majority o£all members
of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
RESOLUTION APPROVING TI-IF, FILING OF AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A PRINCIPAL AMOUNT
NOT TO EXCEED $20,455,000
WHEREAS, the Board of Supervisors (the" Board") o£Albemarle County, Virginia (the
"Coumy"), 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;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board hereby approves the filing of an application to the Virginia Public School
Authority for a loan to the County in a principal mount nor m exceed $20,455,000 to finance
various capital improvements for ks 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
approved.
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 tree and correct extract from the minutes of a regular meeting of the
Board held on the 3rd day of September, 1997, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my s~gnamre and the seal of the Board of Supervisors of Albemarle County,
Virginia, this day of September, 1997.
Clerk of the Board of Supervisors of Albemarle
County, Virginia
(SEAL)
RESOLUTION RATIFYING THE FILING OF AN APPLICATION
TO THE LITERARY FUND OF THE COMMONWEALTH OF VIRGINIA
FOR A LOAN IN AN APPROXIMATE AMOUNT OF $3,000,000
WHEREAS, the County School Board of Albemarle County, Virginia (the "School
Board") has determined that it is necessary and desirable for Albemarle County, Virginia (the
"County") to undertake capital improvements for its public school system;
BE IT RESOLVED BY THE COUNTY SCHOOL BOARD OF ALBEMARLE
COUNTY, VIRGINIA:
1. The application to the Literary Fund of the Commonwealth of Virginia for a loan
in an approximate amount of $3,000,000 to finance capital improvements for its public school
system is hereby ratified. The actions of the School Superintendent. in collaboration with the
other officers of the School Board and the County, in completing and filing such application are
hereby approved and ratified.
2. 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.
3. This resolution shall take effect immediately.
The undersigned Clerk of the County School Board of Albemarle County, Virginia
certifies that the foregomg constitutes a true and correct extract from the minutes of a regular
meeting of the Board, held on the 14th day of July, 1997, and of the whole thereof so far as
applicable to the matters referred to in such extract.
WITNESS my s~gnantre and seal of the County School Board of Albemarle County,
Virginia this ]t~ day of July, 1997.
Clerk, County School Board of Albemarle County, Virginia
A~
· Form. 3
7~25186
BOARD OF SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARYs-27-gw0 :c3
AGENDA TITLE:
Neighborhood Team Matching Grant Program
SUBJECT/PROPOSAL/REQUEST:
Discussion of the Neighborhood Team's Matching
Grant Program funded for Fiscal Year 1997/98
STAFF CONTACT(S):
Mr. Tucker, Ms. White, Ms. Catlin
AGENDA DATE:
September 3, 1997
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
REVIEWED BY: ~'/
ITEM NUMBER:
INFORMATION: X
INFORMATION:
BACKGROUND:
The Board of Supervisors approved $1(3,000.00 for the Neighborhood Team for Fiscal Year 1997/98 to create a
Neighborhood Matching Grant Fund to be administered by the Team and made available to neighborhoods in the
County to serve as seed money for small-scale improvement/enhancement projects with a clear public benefit.
Eligible enhancements could include a particular program, service or infrastructure improvement. For every dollar
*~'%equested (the maximum amount of any one grant is $t000), the neighborhood must provide a "match" in donated
services or matedals, volunteer labor or cash.
DISCUSSION:
The Team has developed a program description, application packet and informational brochure (copies attached)
for the Matching Grant Program in consultation with citizens who have had the opportunity to review and comment
on the procedures and forms. Because this is a new initiative, parameters have been left purposely broad to
encourage neighborhoods and community groups to be creative in coming forward with improvement/enhancement
proposals. We want groups to assess their needs and submit applications or projects that meet their specific
individual needs.
Following an introduction/overview of the Matching Grant program to Board members at the September 3 meeting,
we will begin publicizing the availability of funds to the community through a variety of means including media
announcements, directed mailings, announcements at appropriate public forums and in newsletters and other
county publications.
RECOMMENDATION:
This item provided for information only and does not require any action at this time.
EXECSUM.WP
97.159
NEIGHBORHOOD MATCHING GRANT PROGRAM
Program Funding
The County of Albemarle has initiated a small matching grant program orS10,000.00 to assist neighborhoods
with small-scale enhancement efforts. Enhancement efforts could include a particular program, service or
infrastructure improvement. These funds have been appropriated by the Albemarle County Board of
Supervisors and are administered by the Albemarle County Neighborhood Team.
Eligibility
Any project or effort resulting in a neighborhood/community improvement is eligible for consideration
provided the proposed project provides a clear public benefit. Enhancements are not limited to physical
improvements. Other types of potential enhancements might include neighborhood plans, research, surveys,
educational or recreational programs, special events and educational brochures/newsletters. Grant requests
may be submitted by any volunteer, individual or group, interested in undertaking an enhancement effort. The
boundaries for defining a "neighborhood" for the purposes of this grant program are broad in recognition of
the nature of many residential areas in Albemarle County - acceptable groups can range from homes clustered
in a rural area to an established, organized residential community. Enhancement efforts in neighborhoods with
established or recognized organizations or associations must have the support of those bodies. Enhancement
efforts on school grounds must have support of the school principal and PTO. Final review of applications
and selection of grant participants will be made by a 3 member panel of the Neighborhood Team.
Examples of"Fundable" Projects
We are purposely leaving the parameters for "fundable" neighborhood projects very broad to encourage
creativity in those improvements submitted for the matching grant program. We want
neighborhoods/community groups to assess their needs and submit applications for projects that meet their
individual needs very specifically. Some examples of the types of programs we might envision for this grant
program include:
· producing a neighborhood newsletter
· creating a neighborhood homepage
· putting up signage
· removing major trash items, conducting a neighborhood clean-up
· erecting new playground equipment or other recreational item
· improving landscaping
· sponsoring a neighborhood-wide activity i.e. block party, safety seminar, etc.
· rehabilitating dilapidated neighborhood structures
· encouraging educational efforts such as literacy, tutoring, mentoring programs, etc.
Granting Level
For every dollar requested from the Neighborhood Matching Grant Program. the volunteer
organization must contribute match items that, in sum, equal, or exceed the value of the amount
requested.
Match items can be donated professional services, donated materials or supplies, volunteer labor, or
cash. All volunteer labor is valued at $10.00gar. Professional services are valued at the "reasonable
and customary rate".
Assistance from County staff, other County funds or time spent preparing grant application or
fundraising cannot be counted as match.
Professional or volunteers who donate their services as part of the neighborhood% match, cannot be
compensated with Matching Grant program money.
The proposed match must be "expended" during the life of the project - neither prior to an award or
aider the project% time limit has expired.
The maximum grant amount that may be requested per enhancement is $1,000.
Grant funds will be awarded on a first come first serve basis for projects deemed eligible from July 1,
1997 through June 30, 1998, or until all program funds are expended.
Additional grant funds, beyond the $1,000 limit, may be requested after March 31, 1998, if
unencumbered funds are remaining in the program account.
Extension of the agreed upon project time limit must be requested by the applicant in writing prior to
the expiration of the time limit.
Individuals or groups who fail to complete their projects within the time limit, without an approved
extension, will be ineligible to receive further assistance from the grant program.
Application Requirements
Grant applications must include:
1. A written description of the enhancement.
2. A detailed breakdown of the proposed match.
3. A project schedule.
4. Written support from Neigh. Assoc., PTO, etc.(if applicable) - See Eligibility Requirements.
5. Description of how enhancement will be maintained after completion. (if applicable)
Review and Selection Procedure
A three member panel selected by the Neighborhood Team will review applications and select grant recipients.
The review process wilt include:
1 Completeness of application.
2 Adequacy of proposed match.
3. Interview with applicant if deemed necessary by panel.
_4. Compliance with Coun .ty Building and Zoning Codes.
5. Agreed upon time limit for project.
6. Final determination of eligibility.
Albemarle County
Neighborhood Improvement Matching Grant Application
Sponsored by Albemarle County Neighborhood Team
Name of Neighborhood Association/Organization/Group:
Contact Person:
Address:
Phone: ( )
Title:
Zip:
Part One: Your Neighborhood Association/Organization/Group
Neighborhood Association Boundaries: (Must be within Albemarle County)
2. When was your Association organized?
3. What is the neighborhood association's organizational structure? (President, Vice President,
Committees, etc.)
4. Please list meetings, activities and projects undertaken during the past year.
What do you consider to be the strengths of the association? (e.g., active member participation,
strong leadership, etc.)
Part Two: Your Project
6. What is the name of your project?
7. Describe your project.
8. What is the specific location of the project?
9. Who owns or controls the property on which the project will take place?
10. When do you expect to begin/complete the project?
11. How do you plan to carry out the project? (Describe steps involved & approx, time line for
each step)
12. Describe the ongoing maintenance the project will require and who will be responsible for
maintenance.
13. What are the project benefits? Why is it important to the neighborhood?
14. Project Budget:
15.
A. Requested Amount from County?
B. Amount of Cash Match, if any?
* C. In-kind Match (Donated labor, materials, etc.)
D. Total Project Cost
* All applicants must submit written documentation for all matching committments (who, what,
how much, how) on a separate sheet of paper. Please see attached sample of a match
documentation.
Has the association ever received grant funds for neighborhood projects? If yes, please specify
source, purpose and date received.
16. How will neighborhood residents be involved in the project? Please be specific.
Part Three: Endorsements
Property Owners Representative:
Provide the Names, Addresses, and Signatures of the owners of any adjacent properties regardless
of their participation. (Please ignore if not applicable)
Name (prim) Address Signature
Support (Yes or No)
Mail to:
Albemarle Neighborhood Team Matching Grants Program
c/o Community Resources
401 Mclntire Road
Charlottesville, VA 22902
August 18, 1997 97-9
Example: Match Documentation for Building Improvement Project
Grant Request: $1.000
Applicant Match:
Cash Amount:
a. Individual Pledges/Contributions:
b, Esmont PTO Contributions:
c. Southern Albemarle Neighborhood Association:
$ 200
$ 200
$ ~oo
Material Donation:
a. Lowe's - I00 Cinder Blocks
b. Sears - 13 gal. Painl
$ 115
$ ~35
Professional Services/Volunteer Labor:
a. Mark Smith ~ Landscape Architect
2 hours ~ $75/hr. =
b. Volunteer Labor from Community
I0 hours ~, $10/hr =
$ 150
$ ]oo
Total Match:
$1.000
9%9
COUNTY OF ALBEMARLF
EXECUTIVE SUMMARY
BOARD OF SUPERVISORS
AGENDA 'III'LE:
Five-Year Financial Forecast of Revenues and Expenditures
SUBJECT/PROPOSAL/REQUEST: Overview and
Discussion of the Five- Year Financial Forecast
STAFF CONTACT(S):
Messrs. Tucker, White
AGENDA DATE:
September 3, 1997
ACTION:
ITEM NUMBER:
INFORMATION:
X
CONSENT AGENDA:
ACTION:
INFORMATION:
ATTACHMENTS: y~/7~~
REVIEWED BY:
BACKGROUND:
Albemarle County's Five Year Financial Forecast was first presented to the Board of Supervisors in September, 1996 with
an update in March as part of the Board's FY98 budget work sessions. The attached financial forecast was updated in
June to reflect the Board of Supervisors' adopted FY98 budget.
DISCUSSION:
For the Board's review and questions at the September 3 meeting, staff will provide a brief overview of the expenditure
and revenue assumptions and projections that form the basis of the attached fiuaucial forecast.
RECOMMENDATION:
This information is provided for the Board's information only and does not require any action at this time.
97.162
Albemarle County,
Virginia
Five-Year
Financial Forecast
Fiscal Years
1998-2002
$26
~ Sohoo\
GoVt. ?ro~Ot~ ~ Storm
Updated
June, 1997
FIVE-YEAR FINANCIAL FORECAST UPDATE - JUNE, 1997
The Five-Year Financial Forecast presented to the Board of Supervisors in September, 1996 marked the first step in
meeting one of the stated goals in the County's Financial Management Policies which is to "develop and annually
update a long range (3-5 year) financial forecasting system, which will include projections of revenues, expenditures, as
well as future costs and finanff~ng of capital improvements and other projects that are included in the capital budget",
Recognimng that five year estimates, particularly in years four and five. are subject to fluctuations in the economy and
changing policies and needs, it was the intention that the report would be updated on an annual basis. However, the
original five year forecast summary was updated in March, 1997 to reflect revenues and expenditures in the proposed
FY 1997/98 budget and other demographic and policy changes since September that are projected to have an impact on
the final four years of the forecast. A subsequent update was done in June, 1997 to reflect the Board of Supervisors'
adopted FY 1997/98 budget.
The revised long-range financial forecast for Albemarle County projects that desired expenditures will exceed projected
revenues for the next four years, FY 98/99 through FY 01/02. with the highest negative imbalance being in FY 98/99
at approximately $3.5 million dollars or 2.7 % of total revenues. The primary cause for this imbalance continues to be
the fixed costs and capital fatality related operating costs of the school division, declining sram school revenues and the
downward trend in real estate reassessment increases. Major changes since the September projection are the following:
· Revised revenues, which reflect a lower projected increase in real estate taxes (four year average of 3.7 % down
from 4.9%);
· An increased average anmlal contribution of $500,000 to the debt service reserve fund, which was underestimated
in the September projection;
· Revised student enrollment projections that changed the cost of education factor over the four year period. (The
FY99 factor increased from 4.5 % to 5.5 %, or approximately $750,000);
· Textbook and bus replacement fund contributions in FY99 that were not funded in the FY98 proposed budget as
anticipated:
· An increase in general government's population growth factor from a projected 1% growth rate to 1.5 %; and
· Lower operational costs associated with capital projects based on the revised CIP.
The five-year forecast continues to be based on several critical assumptions in the four major areas of: economic
characteristics, tax rams and revenues, expenditures and demographic characteristics:
Economic Characteristics:
· The rate of inflation is based on the National Annual Average CPIU figure, which represents the Consumer Price
Index for all urban residents. The CPI index used hi the projections is a combined average of the estimates of the
Congressional Budget Office (CBO) and the Office of Management and Budget (OMB).
· The average rate of inflation for FY 97 - FY02 is projected to be 2,97 %, which is only slightly lower than the
five year historical average CPI for FY91- FY96 of 3.34%.
Tax Rates and Revenues:
· Tax rates and tax structures are not expected to change.
· The Department of Finance projects General Fund revenues based on a combination of historical trend analysis and
deterministic factors that show a revised average 6.15% increase over the next four years (FY99 - FY02) compared
to an average annual rate of 8.24 % for the prior five year period (FY91-96.). Revenues for FY99 - FY02 were
revised in March to reflect the additional $2.4 million in proposed FY 98 revenues, which now serves as the base
year. The additional $2.4 million reflects approximately $515.000 in E-911 revenues, $585,600 in new tranalenr
tax revenues, $190.000 in VJCCCA funds. $600,000 in social service revenues, and $680,000 in other local
revenues and state reimbursements. (The majority of these revenues are offset by corresponding expenditures.)
· The School Division's Finance Office projects revenues based on the County's estimated composite index, rather
than relying upon a historical trend analysis. Projected revenues for the next five years were estimated to increase
by only 1.9%, compared to the past five-year State revenue average annual increase of 4.5 %. That projection has
not changed except to adjust for the additional $180,465 in state revenue received in FY98, and to reduce self-
Five Year Financial Forecast I June, 1997
sustaining fund revenues by $101,915 to avoid double counting an interfund transfer between the School Fund and
the Self-Sustaining funds, with inflation added to the out years FY99 - FY02. However. for the four year period
FY99 - FY02, the average annual increase is only 1.76%.
Expenditure Assumptions:
· Baseline General Government operating expenditures are projected to increase by a Cost of Government Index
which is a combined factor of inflation and population growth. For General Government, the average annual
factor for the past five years has been 4.8 %: for the next five year period (FY98-02) this factor is 4.4 % per year.
· Baseline School Operations are projected to increase by a Cost of Education factor, which is a combined factor of
inflation and projected school enrollment growth. The average annual increase in the cost of education from the
prior five years was 5.2%; for the next five years this factor is projected to increase at an average of 4.51% year.
Based on revised November enrollment projections, which increased the projected FY98 enrollment by 45
students, the 5-year average has been revised from 4.21% to 4.51% with the greatest impact reflected in FY99 for
an additional baseline cost of $883,945. For FY99 - FY01. the revised enrollment projections added 454
students, with the largest increase over the September projection in FY99 with 164 additional students (i 1,931 vs.
11,767}.
· Expanded fixed costs for general govemmetu and the school division are based on required expenditures or costs
associated with capital projects in the proposed FY97/98 - FY01/02 Capital Improvement Program. The School
Division fixed costs also include mandated annual VRS increases and expanded conUSbutious to the Bus
Replacement and the Textbook Replacement Funds in FY99 that were not able to be funded in FY98.
· Debt service costs are determined by existing debt retirement schedules and bonded school division projects in the
approved FY97/98 -FY01/02 Capital Improvement Program. Projected costs for debt service in this analysis,
however, are based on an annual contribution to the 'debt reserve fund to eliminam annual fluctuations in the
required payment. The contributions to the debt reserve fund were underestimated in the September projection and
have been revised to reflect an average annual increase of $500,000, However, due to re-staging forward of
several large school projects and increased high school costs in the first year of the CIP, an additional $4512,000
must be transferred to the reserve to meet the $10 million annual debt service payment in FY02, This additional
transfer is not reflected in the five-year projections.
· Capital improvement expenditures for the next five years are based on the County's financial policy guidelines of
transferring no less than 3 % of current revenues to the calfxtal program. The FY98 contribution or transfer was
reduced by $177,000 to reflect two tourism related projects being funded out of the new transient tax revenues.
FY99 -FY02 capital improvement contributions have not been reduced to reflect these additional tourism revenues
that might be available for future tourism related capital projects,
· Revenue Sharing projections from the Department of Finance are based on projected fair market value of all mai
estate and the 10% cap. The previous September estimates have been revised downward to reflect lower and more
realistic expectations m property reassessmems.
Demo~aphicChameteristies:
· Population growth from FY96/97 through FY99/00 is based on an estimated 1.5 % annual population growth,
which has been revised from the 1.02 % average annual increase in the initial September projections. The prior
projection was based on the Center for Public Service's estimate of 75,500 for FY95/96 and the Virginta
Employment Commission's projected population of 79,081 for FY2000/01, which produced an average annual
increase of 1.02%. However, since the historical trend in Athemarle's population growth over the past five years
has been approximately 2.06%, a more realistic projection of 1.5% is being used in the revised projections.
· School enrollment data also has been revised to reflect the School Division's November, 1996 projections which
show a 1.6% average annual increase from FY98 to FY02 and replaces the initial average increase of 1.35%. The
highest increases are in the first three years, with the greatest variance from the initial projection in FY99 with an
increase of 164 students.
The economic and growth assumptions used in the five-year forecast are presented in the table on the next page.
Five Year Financial Forecast 2 June, 1997
Economic and Growth Ass um ptions
FY96197
FY97198 FY98199 FY99100 I=Y00101 FY01/02
Avg.
Annual
Inc.
Inflation (1) 3.30%
Population Growth Rate 1.45<
Cost of Government (4) 4.80%
School Growth Rate 1.99%
Inflation 3.30%
Cost of Education (4) 5.36%
I Population Grow th (2) 77,000
School Enrollment/3) 11,344
2.93% 2.91% 2.89% 2.87% 2.70%
1.50% 1,50% 1.50% 1.50% 1.50%
4.47% 4,45~ 4.43% 4.41% 4.24% 4.40%
2.49% 2,62% 0.67% 1.67% 0.57%
2.93% 2,91% 2.89% 2.87% 2.70%_
5.49% 5.61% 3.58% 4.59% 3.29% 4.51%
78.155 79,327 80.517 81.725 82,951
11,626 11,931 12,011 12,211 12,280
(1) Based on average of CBO and OMB estirnares. FY02 based on avg 2.7% grow th over =riot five years.
(2) FY97-FY00 population based on Center for Public Service Estimates. FY01 & FY02 based on estimates
for 2000 and 2010 given constant grow th.
(3) Schoor Enrollment based on 11/96 projections from School Division.
(4) Reflect the product of inflation and growth, which have been multiplied together to capture the cost of
'grow lng' an inflation-adjusted budget.
When these assumptions are applied to both revenue and expenditure data in the forecast, they produce an annual
revenue increase in total County revenues of 5.1% for the next four years compared to a 6.9% rate over the past five
years. The rate of expenditure increase for the past five years has been 6.8% compared m a projected expenditure rate
for the next four years of 5.4 %, assuming growth, inflation and expanded operating costs of capital facilities and
projects.
The chart below shows the variance between revenues and expenditures for the past five years (FY 91-96), the current
budget year, the proposed budget for FY98 and the projected shortfall for the next four years (FY99 -FY02/based on
an expenditure model that assumes growth and inflation on prior year baseline expenditures, plus other known f'~xed
costs, i.e. new high school and other capital related costs. Adding the fixed costs associated with the VRS payments,
establishing a textbook and a bus replacement fund and adding all the operating costs impacted by new capital fac'flities
causes a shortfall of g3.5 million in FY99, $2.8 in FY00, $2.5 million in FY01 and $1.6 million in FY02 for a total
shortfall over the next four years of $10.4 million.
Difference Between Revenues & Expenditures
(GrowthfInflation and Added Fixed Costs)
FY 1990/91 - FY 2001/02
$o
($2)
0 0.000
($4) I I I I I I I I
FY91 FY92 FY93 FY94 FYS5 FY96 FY97 FYg8
FY99 FY00 FY01 FY02
FY 91-96 Surpluses Do Not Reflect Additional Camj-Over & Fund-Balance Revenues Used to Finance
Operations. As a Result, Above Suq31uses May be Less than the YeaM[nd Balances Shown in County Financial Re~o~s,
Five Year Financial Forecast 3 June. 1997
A breakdown of projected County revenues is given below.
% TL
FY 97
Projected County Revenues
FY 1998/99 - FY 2001/02
FY 97 FY 98 FY 99 FY 00 FY01 FY 02
%TL Annual
FY02 Inc. (4yr)
Real Estate Taxes 32.44% 38.482
Personal Property 15.89% 18,857
Sates Tax 6.49% 7,700
O~her Local Taxes 9.70% 11.503
Other Local Revenues 3.71% 4,397
Total Local 68.22% 80,939
Intergovernmental. [General Fund)
Intergovernmental (School Fund)
Fund Balance
Total Revenues
39,396 40.750 42,245 43.880 45,505 29.53% 3.67%
21.718 24.621 27.931 31,612 35.838 2326% 13.34%
8,078 8,501 8,959 9.440 9,946 6.45o/~ 5.34%
12.764 13,184 13,607 14,049 14,506 9.41% 3.25%
5,427 5,660 5,897 6,106 6~331 4.11°A 3.95%
87,383 92,716 98,639 105,087 112,125 72.77% 6.43%
5.29% 6,271 7.227 7,368 7,621 7.828 8.010 5.20% 2.61%
26.04% 30,898 31.673 32,054 32.831 33,419 33,957 22.04% 1.76%
531_ 3_
100.00% 118,639 126,285 132,138 139,091 146,334 154,092 100.00% 5.10%
A breakdown of projected County expenditures (including baseline, fixed and expanded costs ~ for FY 1998/99- FY
2001/02 is shown on the next page.
Five Year Financial Forecast 4 June. 1997
Projected County Expenditures (Including Baseline, Fixed and Expanded Costs)
FY 1998/99 - FY 2001/02
Approp
F'Y96/97 FY97/98 FY98/99 FY99/00
Avg Annual
FY0010t FY01102 Growth (4Yr)
Prior Year Baseline Funding
VRS Prefunded Cola
× cost of government REV ISED
Baseline Funding
plus Capital project operating costs
Subtotal Projected Gert, Gov't. Expenditures
School Division Operations
Frier Year Baseline Funding
Textbook Fund
Bus Replacement Fund
V~S Co~a payments
x oost of education
Baseline Funding
olus One-Time revenues
CapKal project operating cos[s
Additional debt service costs
Subtotal Projected School Expenditures
Non. Departmental Expenditures
Debt SerVice
CapF~al Transfer
Projected County Expenditures
F~US Self-Sustaining Funds **
Total Projected County Expenditures
29,396,168 32,672,65t
409,104
0.00%
29,396,168 33,081,755
29,886,168 33,081,756
3.685,5R7
66.670.687 70.256.609
477.t05
248.719
334.7t4
0.00%
66,670,687 71.3t 7.147
501,495
60,000
0_
67,172,182 71,877,147
33,081,755 34,555,101 36,087,049 37,679,589
104.45% 104.43% 104.41% t 04.24~
34,555,1Q1 36,087;049 37,6791589 39,277,392
324,310 527,258 7371977 932r349
34,879,411 36,814,307 38,4t7,566 40,209,741
4.39%
630,474
1.797,688 1,734.fl97 1.803.256 1.792.175 I 781.096
71.317.147 76.187.640 79.306 233 83.343 583
200.000
183280
442.695 378.030 381.340 381.840
105.6J% 103.58% 104.59% 103.29
76,187,640 79.306.233 83.343.583 86.475.923
1.559 041 1.867,741 2.009 932 2.807.401
o_ o o o
77,746,681 81,173,974 85,353,$15 89,283,324
4.28%
2.061.029
6.369.534 3.427.293 4.t79.640 3.929.809 ' 4.47G.84.1
6,845.880 6,845,880 6.845.880 6.845.880
2.900.000 3.200.000 3,506 000 4000.000
1.000.O0O 1.500,000 2.000.000 2.600.000
0 0 0 0
54.003 56,397 58.885 61.383
200.000 200,000 200.000 200.000
200000
5.38%
Five Year Financial Forecast 5 June, 1997
Il/
· . ..,...a.~ ~...
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8 ...
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'.
g
_u.,
pun-] leJeua~D ~o %
suo[llilN $
(sUO!ll!lN) S
(suo
SePtemBEr 3, 1997
EXECUTIVE SESSION MOTION
I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION
PURSUANT TO SECTION 2. I -344(A) OF THE CODE Of VIRGINIA
UNDER SUBSECTION ( I ) TO DISCUSS APPOINTMENTS TO BOARDS
ANd COMMISSIONS; UNDEr SUBSECTION (3) TO DISCUSS
DISPOSITION OF COUNTY INTEREST IN A SPECIFIC PROPERTY AND
UNDER SUBSECTION (7) TO DISCUSS PROBABLE LITIGATION
REGARDING A PUBLIC SAFETY MAq-FER AND TO CONSULT WITH
LEGAL COUNSEL AND STAFF REGARDING SPECIFIC LEGAL MA~TERS
RELATING TO FREVERSION.
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Vira4nia 229024596
(804) 296-5843 FAX (804 972-4060
September 10, 1997
Charles S Martin
Walter F. Perkins
Sally H. Thomas
Mrs. Susan Andresen Winslow
2954 Beaumont Farm Road
Charlottesville, VA 22901
Dear Mrs. W-ii,~low:
At the Board of Supervisors meeting held on September 3, 1997, you were appointed to
the Advisory Council on Aging, with said term to expire on May 31, 1999.
On behaif of the Board, I would like to take this oppomm~ty to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charlotte Y. Humphris
Chairman
CYH/ewc
CC:
The Honorable James L. Camblos, III
Gordon Walker
Printed on recycled paper
RESOLUTe'ON OF THE BOARD OF SUPERVZSORS
OF ALBEMARLE COUNTY, VI'RGI'NI'A
WHEREAS, the District Home Board for Albemarle, Alleghany, Augusta, Bath
and Rockbridge Counties and the Cities of Charlottesville, Covington, Lexington and
Waynesboro (the "District Home Board") and the Counties of Albemarle, Alleghany,
Augusta, Bath and Rockbridge anG the Cities of Charlottesville, Covington, Lexington
and Waynesboro, Virginia (collectively the "Jurisdictions" and each singularly referred to
as a 'L]urisdiction') own the District Home located at :~400 District Home Drive,
Waynesboro, Virginia (the "District Home'S; and
WHEREAS, on or about February 15, 1996 the Board engaged the law firm of
Crews & Hancock, P.L.C. and its subcontractors, Goodman & Company, LLP., Mary
Childs, RN, CRRN and Sybil Parker, RN, BSN (collectively, the "Consulting Team'~ to
study the District Home's operations and make recommendations regarding alternatives
for nursing home and adult care residence organization and operation, enhancing
financial performance, and enhancing the overall quality of resident care services; and
WHEREAS, in April of 1996 the Consulting Team submitted its operational study
of the Home for the Board's consideration which included, among other things, an
analysis of various options of privatization which identified the advantages and risks of
privatization and took into account the goals of the District Home Board; and
WHEREAS, the District Home has analyzed and considered the operational
study prepared by the Consulting Team and has determined that it is in the best
interest of the District Home, the Jurisdictions and the residents of the District Home to
enter into one or a series of transactions (the "Transactions'~ to accomplish the sale of
certain assets under the supervision of the District Home Board;
WHEREAS, the District Home Board has received a proposal from Smith/Packett
Med. Com. Inc. ("$mith/Packett'~, a Virginia corporation and private provider of adult
care resident and nursing home services, to purchase certain tangible and intangible
assets of the District Home including, the goodwill of the District Home, ninety-one (91)
licensed nursing facility beds and forty (40) adult care residence licensed beds (to the
extent transferable), and medical records and patient lists Isubject to all necessary
governmental and patient approvals), to relocate such assets and the Home operations
from its current site to one or more facilities owned and operated by Smith/Packett; and
WHEREAS, the District Home Board and the Jurisdictions believe it is in the best
interest of the District Home and this _]urisdiction to execute an Asset Purchase
Agreement in form and substance as those presented at this meeting (the "Transaction
Document'~ to consummate the sale of certain assets to Smith/Packett; and
WHEREAS, the .lurisdiction further desires to empower the District Home Board
to further dispose of any remaining real or personal property under its supervision, in
such manner as the District Home Board determines and to authorize the County
Executive to execute, on behalf of this _lurisdiction, any such other document,
resolution, certificate, consent or instrument of any kind to permit the Distdct Home
Board to further transfer or dispose of any personal property under its supervision.
NOW~ THEREFORE, BE ZT RESOLVED by the Board of Supervisors of the
County of Albemarle:
1. The form, terms and conditions of the Transaction Document by and
among the District Home Board, the Jurisdictions and Smith-Packett are hereby
approved.
2. The Chairman of the District Home Board is hereby authorized and
directed to further negotiate, on behalf of the District Home Board and Jurisdictions, the
Transaction Document with such changes, additions or deletions he deems necessary or
desirable so long as any changes, additions or deletions do not substanUally alter the
Transaction Document.
3. The County Executive is authorized and directed to execute on behalf of
the Jurisdiction, and the County Clerk is authorized to attest, the Asset Purchase
Agreement among Smith-Packett, the District Home Board and the ]urisdictions with
such changes, additions or deletions as may be recommended or approved by the
Chairman of the District Home Board.
4. The District Home Board is hereby authorized, without the necessity of
any further action by this body, to dispose of any and all remaining assets under its
supervision except for real property, which shall re(; uire additional authorization by this
body after a public hearing.
5. The County Executive is authorized and directed to execute a bill of sale
and to take a such further actions and to execute all such further instruments,
agreements, documents, and certificates as he shall deem necessary or desirable to
carry out the purposes of this Resolution.
6. All acts of the Chairman of the Board of the District Home, the board of
the District Home and its authorized agents, and the County Executive which are in
conformity with the purposes and intent of this Resolution are hereby ratified, approved
and confirmed.
2
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 by
vote of -~ to 0 on September ~ , 1997
Clerk, Board of County Su pervi~ors
C:\RSMITH\RSDATA\BOS\RESOLUTi\D STHOiVIBD.W PD 3
EXECUTED ORIGINAL
ASSET PURCHASE AGREEMENT
ASSET PURCHASE AGREEMENT
THIS ASSET PURCHASE AGREEMENT (the "Agreement") is made and entered into as
of the 28th of Augusk 1997. by and between the District Home Board for Albemarle, Alleghany,
Augusta, Bath, and Rockbridge Counties and the Cities of Charlottesville, Covington,
Lexington, and Waynesboro, Virginia (the "Board"), the Counties of Albemarle, Alleghany,
Augusta, Bath, and Rockbridge and the Cities of Charlottesville, Covington, Lexington, and
Waynesboro, Virginia (the "Jurisdictions") and SmithfPackett Med-Com, Inc., a Virginia
corporation (the "Buyer").
WITNESSETH:
RECITALS. The Board and the Jurisdictions own the District Home located at 1400
District Home Drive, Waynesboro, Virginia (the "Home"). The Board controls the operation of the
Home on behalf of the Jurisdictions. In connection with the Home, the Board and the Jurisdictions
own certain tangible and intangible assets. The Board and the Jurisdictions desire to sell and the
Buyer desires to purchase such assets, as hereinafter del'reed, on the terms and conditions hereinafter
set forth. In addition, Buyer desires to relocate such assets and the Home operation from its current
site to a facility to be constructed by Buyer on a site acceptable to the Board (the "New Facility").
NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter
contained, the parties hereby agree as follows:
1. Transfer of Assets and Assumed Liabilities.
1.01 (a) Specific Assets. Upon the terms and subject to the conditions set forth in
this Agreemem, at the Closing (as hereinafter defined), the Board and thc Jurisdictions shall
relinquish, sell, convey, transfer, assign (to the extent trans£errable) and deliver to Buyer by bill of
sale or other appropriate instruments, free and clear of all liens, claims, encumbrances or interests
of any kind, the following assets which are owned by the Board and Jurisdictions and which are used
in connection with the operation of the Home: (a) goodwill related to the operation of the Home; (b)
subject to all governmental approvals and to the extent transferable, the right to operate and relocate
ninety-one (91) licensed nursing facility ("NF") beds and forty (40) adult care residence licensed
("ACR") beds; and (c) medical records, patient lists, files, reports and correspondence relative to
residents as of the Closing Date, subject to patient approval (the assets identified in Sections 1.01
(a), (b), and (c) are collectively referred to as the "Purchased Assets"). The Purchased Assets shall
not include the real property, ~mprovements thereon, machinery, equipment, tools, furniture, fixtures,
furnishings, office equipment, or inventory, supplies, accounts, loans, receivables or payables
relating to the Home for services and/or goods sold or rendered prior to the Closing Date or any
other asset of the Board or Jurisdictions, nor shall the Purchased Assets include any rights to act as
the agent of, or otherwise on behalf of, the Jurisdictions or the Board in its capacity as a provider of
care and maintenance of indigent, aged, infmn or incapacitated persons through the operation of
public homes. This Agreement is not intended to allow the Buyer to operate the Home under
permitting or licensure currently held by the Board.
1.01 (b) Assumption of Liabilities. As the former employees of the Home are
transferred to the New Facility and the Staunton ACR pursuant to Section 6.08, the Board may elect
to have the Buyer assume certain liabilities ~.the "Assumed Liabilities") associated with the operation
of the Home. Assumed Liabilities, at the Board's election, may include any of the following:
(i) accrued and earned vacation pay; (ii) sick leave. (iii) holiday pay; and (iv) accrued retirement
benefits owed to employees of the Home that are or will be employed by Buyer.
2
Should the Board elect to have Buyer assume the Assumed Liabilities, at the time of
making such election the Board shall deliver to Buyer a schedule of Assumed Liabilities. Buyer
agrees to accept and assume the Assumed Liabilities. Except for the Assumed Liabilities assumed
pursuant to the terms oftkis Agreement, Buyer shall not be obligated to pay, perform or otherwise
be responsible for any liabilities, claims, obligations, judgments, orders or duties of any kind or
nature whatsoever relating to the operation of the Home arising prior to the Closing Date.
1.02 Relocation of Residents and Employees. Following the Closing Date (as
def'med in Section 2.01) and completion of the New Facility, the NF residents and employees of the
Home shall, subject to the provisions of Section 6.08, be transferred to the New Facility and the
ACR residents and employees of the Home shall be transferred to the existing Staunton Manor
Nursing Home upon its conversion to an adult care residence ("Staunton ACR") on a date mutually
agreeable to the parties (the "Relocation Date"), but in no event later than fourteen (14) months after
notice from the Board of site approval as provided in Section 6.10. The foregoing notwithstanding,
in the event that conversion of the Staunton ACR can be accomplished prior to the completion of
the New Facility, the Board shall transfer the Home's ACR residents and employees to the Staunton
ACR, and the Buyer shall accept the transfer of the Home's ACR residents and employees at the
time of the conversion or as soon thereafter as is reasonably practicable. The Home's NF residents
and employees shall thereafter be transferred to the New Facility on the Relocation Date which shall
in no event be later than fourteen (14) months after the Board has provided notice of site approval
as provided in Section 6.10.
!.03 Purchase Price.
(a) Buyer agrees m pay to the Board and the Board and the Jurisdictions
agree to accept, in consideration of the purchase and sale of the Purchased Assets, the sum of Five
Hundred Thousand Dollars ($500.000.00) less Assumed Liabilities, if any, by wire transfer of
immediately available funds as stated in Section 1.03(b) (the "Purchase Price").
(b) Buyer agrees to pay FIFTY THOUSAND DOLLARS ($50,000.00)
of the Purchase Price m the Board upon the execution of this Agreement by the Buyer
(the "Deposit"). Buyer agrees to pay FOUR HUNDRED THOUSAND DOLLARS ($400,000.00)
to the Board within ninety (90) days following the last to occur of: (i) the date of the Board's written
notice to Buyer that it has obtained the approvals of the Jurisdictions to the transaction contemplated
herein; (ii) the date of final approval of the Virginia Department of Health, Division of Certificate
of Public Need of the relocation of the beds or final confirmation by the Depamnent that such
approval is not required; or (iii) the date of the closing of Buyer's construction loan to build the New
Facility, provided, however, m no event shall this period exceed six months from the date this
Agreement is executed by the Jurisdictions and the Board. Buyer shall pay the balance of the
Purchase Price less the Assumed Liabilities, within fifteen (15) days following the Relocation Date.
If the Assumed Liabilities exceed the balance of the Purchase Price, then the Board shall refund the
difference within fifteen (15) days following the Relocation Date.
(c) The Purchase Price shall be deemed fully earned by the Board upon
the execution of this document by alt parties. The Board shall be entitled to receive the entire
Purchase Price irrespective of whether Closing occurs, unless Closing fails to occur as a result of the
4
Board or the Jurisdictions failure to perform hereunder, in which event the Purchase Price shall be
returned to Buyer.
(d) The parties agree to allocate the Purchase Price among the Purchased
Assets for all purposes (including financial accounting and tax purposes) in accordance with the
allocation set forth on Exhibit 1 to be agreed to by the parties in writing), and shall make all
necessary filings (including those required under Internal Revenue Code Section 1060) in accordance
with that allocation.
1.04 Costs of Transaction. Each party shall bear its own costs in carrying out
their obligations under this Agreement.
2. The Closing.
2.01 Time and Place. The Closing of the purchase and sale of the Purchased
Assets shall occur on a mutually agreeable date prior to the completion of the New Facility but, in
no event later than the Relocation Date (the "Closing Date"), at the offices of Crews & Hancock,
P.L.C., 700 East Main Sl~eet, Suite 1015, Richmond, Virginia 23219, or at such other place or time
as Buyer and the Board may mutually agree. The transactions to occur at such time and place are
referred to herein as the Closing.
2.02 Prorations. Any and all items which may be prorated shall be apportioned
among the Buyer and the Board so that the Board shall be liable for all such charges up m and
including the Closing Date, and Buyer shall be responsible for any such charges attributable to the
Purchased Assets and other obligations assumed hereunder subsequent to the Closing Date.
2.03 Actions of the Board. At the Closing, the Board shall deliver or cause to be
delivered in form and content reasonably satisfactory to Buyer a fully executed original or an
executed counterpart of the following to Buyer:
(a) a bill of sale and assignment conveying and assigning the Purchased
Assets to Buyer subject to the provisions of Section 1.01:
the certificate and opinion of counsel required by Sections 9.02 and
(b)
9.03; and
(c)
such other documents as may be reasonably requested by Buyer based
upon the Board's obligations hereunder.
2.04 Actions of Buyer. At Closing, Buyer shall deliver in form and content
reasonably satisfactory to the Board a fully executed original or an executed counterpart of the
following to the Board:
(a)' the certificate and opinion of counsel required by Sections 8.02 and
8.03; and
(b) such other documents as may be reasonably requested by the Board
based upon Buyer's obligations hereunder.
3, Representations and Warranties of the Board.
The Board represents and warrants to and agrees with Buyer that as of Closing:
3.01 Organization and Standing of The Board. The Board is authofizedby the
Jurisdictions to control the operation of the Home and to own, together with the Jurisdictions, the
Purchased Assets. The Board will at Closing have obtained proper execution and delivery of the
documents listed at Section 2.03 of this Agreement.
6
3.02 A~ereement Approved. This Agreement and all transactions contemplated
herein will have been approved by all necessary governmental action on behalf oftha Board and the
Board will have full right, power and authority to carry our the terms hereof and this Agreemem is,
and ail other documents executed and delivered by the Board pursuant hereto will be, vaiid and
binding on the Board and enforceable against it in accordance with their respective terms.
3.03 Interest in Purchased Assets. With the exception of the Board and the
Jurisdictions. no other person, corporation, partnership, municipaiity, or other entity has any interest,
financiai or otherwise, in the Home or the Purchased Assets.
3.04 Title to Purchased Assets. The Board and the Jurisdictions have good and
marketable title to the Purchased Assets, free and clear of ail liens, claims, charges and
encumbrances.
3.05 No Default or Breach of Obligation. To the best of the Board's knowledge,
information and belief, neither the execution and delivery of this Agreement nor the consummation
of the transactions herein contemplated and the fulfillment of the terms hereof will conflict with or
result in any violation by the Board of. or constitute a breach or a default by the Board under any
material agreement, mortgage, indenture, franchise, license, permit, authorization, lease or other
instrument, judgment, decree, order, law or regulation to which the Board is a party or by which it
is bound. There are no restrictions or prohibitions in any deed or other document of gift, devise or
bequest of which the Board was a recipient which matariaily and adversely affect the Purchased
Assets or the transactions contemplated hereby.
3.06. No Litigation, There are no actions, proceedings or suits threatened or
pending against or, to the best knowledge of the Board, affecting the Home or the Purchased Assets
7
which materially adversely affect the transactions contemplated by this Agreement as of the date of
this Agreement. In the event any such actions arise prior to the Closing Date. they will be disclosed
to Buyer in writing.
3.07 Compliance with Nursing Home Laws. The Home is duly licensed under
the applicable laws of the Commonwealth of Virginia. The licensed bed capacity of the Home is 91
NF beds and 40 ACRbeds. The Home is in substantial compliance with the applicable provisions
of NF and ACR laws, rules, regulations and published interpretations to which the Home is subject.
To the best of the Board's knowledge, the following conditions are tree: all material filings and
approvals have been obtained to permit the Board to own and operate the Home in accordance with
applicable licensure and certification laws, rules and regulations; all material Medicaid
reimbursement contracts are in full force and effect with respect to the Home; the Board is in good
standing with the respective governmental, quasi-governmental and other third party payors and
regulatory agencies under such applicable nursing home licenses and reimbursement contracts; and
the Board is current in the payment of all so-called provider specific taxes or other assessments with
respect to such reimbursement contracts.
3.08 No Misstatements or Omissions. No representation or warranty by the
Board contained in this Agreement and no statement furnished or to be furnished to the Buyer
pursuant hereto or in connection with the transactions contemplated hereby, contain or will contain
on the Closing Date any untrue statement ofmateriai fact, or omits or will omit on the Closing Date
to state a material fact necessary in order to make the statements contained therein not misleading
or necessary in order to provide the Buyer with proper and accurate information.
4. Representations and Warranties of the Jurisdictions. The Jurisdictions represent
and warrant to and agree with the Buyer that: The Jurisdictions are political subdivisions of the
Commonwealth of Virginia; and the Jurisdictions have all requisite power to own and convey the
Purchased Assets subject to Section 1.01.
5. Representations and Warranties of Buyer. Buyer represents and warrants to and
agrees with the Board and the Jurisdictions that as of now and as of Closing:
5.01 Organization and Standing. Buyer is a corporation duly organized, validly
existing and in good standing under the laws of the Commonwealth of Virginia and has all requisite
corporate power and authotity to carry on its business as it is now being conducted and as it is
proposed to be conducted after the consummation of the transactions contemplated by this
Agreement.
5.02 Agreement Approved. The execution, delivery and performance of this
Agreement by Buyer and all transactions contemplated herein have been duly and validly authorized
and approved by all requisite corporate action of Buyer and Buyer has full right, power and authority
to carry out the terms hereof and this Agreement is, and all other documents executed and delivered
by Buyer pursuant hereto will be, valid and binding on Buyer and enforceable against it in
accordance with their respective terms.
5.03 No Default or Breach of Obligation. Neither the execution and delivery of
this Agreement, nor the consummation of the transactions herein contemplated and fulfillment of
the terms hereof will conflict with or result in any violation of or constitute a default under any terms
of the Articles of Incorporation or Bylaws of Buyer or any material agreement, mortgage, indenture,
franchise, license, permit, authorization, or other instrument, judgment, decree, order, law or
regulation by which Buyer is subject or bound.
5.04 No Litigation. There are no actions, proceedings or suits threatened or
pending against or, to the best knowledge of the Buyer, affecting the Buyer or its ability to enter into
this Agreement or which materially adversely affect the transactions contemplated by this
Agreement. In the event any such actions arise prior to the Closing Date they will be disclosed to
the Board in writing.
5.05 No Misstatements or Omissions. No representation or warranty by Buyer
contained in this Agreement and no statement furnished or to be furnished to the Board pursuant
hereto or in connection with the transactions contemplated hereby, contain or will contain on the
Closing Date any untrue statement of material fact, or omits or will omit on the Closing Date to state
a material fact necessary in order to make the statements contained therein not misleading or
necessary in order to provide the Board with proper and accurate information.
6. Covenants of Buyer.
6.01 Re~mflatory Compliance. Buyer covenants and agrees to use its best efforts
to (i) to promptly and diligently comply with the Virginia Department of Heaith, Virginia Medical
Care Facilities Certificate of Public Need Rules and Regulations as applied to the acquisition of the
Purchased Assets and the relocation of the Purchased Assets to a nursing facility of at least ninety-
one (91) NF beds to be constructed on a site acceptable to the Board, the relocation of a portion of
the Purchased Assets to Staunton ACR of at least 29 ACR beds; and (ii) to construct and/or occupy
such facilities on or prior to the expiration of fourteen (14) months after the Board has approved a
site submitted by Buyer pursuant to Section 6.10.
10
6.02 Home Residents. Buyer covenants and agrees that commencing on the
Relocation Date, or earlier with respect to ACR residents and employees, in case of the conversion
of Staumon ACR, and continuing thereafter Buyer will at Buyer's expense (i) relocate to the New
Facility and retain therein all NF Home residents who desire to be in the New Facility; (ii) relocate
to Staunton ACR and retain therein all ACR Home residents who desire to be at the Staunton ACR;
(iii) to the extent permitted by all applicable federal and state law, admit to the New Facility and the
Staunton ACR, on a first priority basis, applicants who are residents of the Jurisdictions; and
(iv) allow Home residents who are hospitalized an opportunity to remm to the New Facility or
Staunton ACR subject to subparagraph (iii) of this Section 6.02 and otherwise as space allows so
long as such residents continue to meet NF or ACR state licensure criteria and either continue to
meet applicable eligibility requirements for government funded reimbursement programs or who
have made other payment arrangements. Buyer acknowledges that such Home and Jurisdictions'
residents are third party beneficiaries of this Agreement.
6.03 Medicaid Certification. Buyer covenants and agrees to obtain and maintain
Medicaid certification of the NF beds in the New Facility.
6.04 Auxiliary Grant. Buyer covenants and agrees to maintain at least 29 ACR
beds at Stauntun ACR available to Virginia Department of Social Services auxiliary grant funded
residents and remain eligible to receive auxiliary grant funds.
6.05 Medicaid Occupancy. Buyer covenants and agrees to maintain Medicaid
occupancy percemages among the ninety-one (91) NF beds at the New Facility equal to, or greater
than, the mean percentage reported annually for Virginia statewide Medicaid occupancy averages
for licensed Virginia nursing facilities.
11
6.06 Auxiliary Grant Occupancy. Buyer covenants and agrees to maimain
Auxiliary Grant recipient resident occupancy for the 29 beds relocated to Staunton ACR equal to or
greater than the level historically maintained by Home as evidenced by the average occupancy for
the three (3) calendar years immediately preceding the execution of this Agreement.
6.07 Depreciation Recapture. In that the Purchased Assets exclude the real and
tangible personal property in which the Home is located, Buyer, the Board and the Jurisdictions do
not believe that the Asset Purchase Agreement will result in "depreciation recapture". To the extent
that the consummation of this transaction causes the Board and/or the Jurisdictions to incur
"depreciation recapture" pursuant to Medicaid, Buyer agrees to make any such payment to the
Virginia Department of Medical Assistance Services on their behalf or make the Board and
Jurisdictions whole should the Department setoff such recapture amount.
6.08 Employees. Buyer covenants and agrees, subject to Section 1.02 which
would permit earlier employment upon conversion of the Staunton AC1L to offer immediate
employment at the New Facility or the Staunton ACR to all Home employees who are employed by
the Board as of the Relocation Date subject to the prerequisite that such employees apply for transfer
at least sixty (60) days (the "60 Day Prerequisite") prior to the Relocation Date. At least ninety (90)
days prior to the Relocation Date, Buyer shall have the obligation to provide the Board with such
applications and notice that employees have a minimum of thirty (30) days to complete such
applications. Failure of Buyer to timely provide such notice and applications shall constitute a
waiver of the 60 Day Prerequisite. Upon transfer, all former Home employees shall be employed
m salaries equal to or greater than those in effect immediately before the Relocation Date, provided
the Board has not given raises outside the ordinary course of business subsequent to the execution
12
of this Agreemem. Buyer covenants and agrees m provide Home employees with comparable health
insurance, vacation and sick leave benefits, as may be in effect as of the Closing Date, for a period
of at least one year after their transfer to the New Facility or Staunton ACR. Buyer covenants and
agrees'not to ternnnate any Home employee except for "good cause shown" for a period of one year
after commencement of employment at the New Facility or Staunton ACR. "Good cause" shall be
defined as failure or refusal to carry out orders or instructions; unsatisfactory work performance;
failure to fulfill the responsibilities of the job m an extent that might or does cause injury to a person
or substantial damage to or loss of product, machinery, equipment, facilities or other property;
chronic or habitual absenteeism or lateness; violation or disregard of established safety roles;
falsification of hours worked; theft; threatened or actual physical violence, or profane or abusive
language; use, possession, or being under the influence of alcohol or drugs, except medication
prescribed by a doctor and taken in accordance with his/her instructions, during working times;
gambling, or disorderly or immoral conduct; or sleeping on the job. Buyer acknowledges that such
employees are third party beneficiaries ofth/s Agreement.
6.09 Retirement Benefits. Buyer covenants and agrees to provide a retirement
program for the Board employees at Closing under which employees may make periodic retirement
plan contributions (the "retirement plan"). Buyer covenants and agrees that the retirement plan will
allow employees who receive eligible rollover distributions from a retirement plan sponsored by the
Boardto roll the portion of the distribution that would otherwise be includable in the employee's
gross income into the new retirement plan.
6.10 Site Selection and Completion of New Facility. Buyer covenants and agrees
to construct the New Facility on a site which is mutually agreeable to the Buyer and the Board.
13
Buyer shall submit three (3) proposed sites for the construction of the New Facility to the Board not
less than thirty (30) days after the Board provides notice to Buyer that it has obta'med the execution
of this Agreement by the Jurisdictions. The Board shall advise Buyer of the acceptability of any of
the proposed sites with/n thirty (30) days of submission by Buyer. In the event Buyer's submissions
are not acceptable, Buyer shall submit additional sites within the following thirty (30) days and the
Board shall advise Buyer of the acceptability of such sites within thirty (30) days, this procedure
shall be repeated until an acceptable site is submitted. Upon the acceptance o£a site by the Board,
Buyer shall within twenty (20) days, file a registration with the Virginia Department of Health and
the Northwest Virginia HSA related to construction of the New Facility. Buyer shall complete the
construction of the New Facility and the relocation of the NF and ACR residents and employees
within fourteen (14) months of notice from the Board that a site is acceptable.
6.11 Confidentiality_. Buyer agrees that until the Closing it will keep all
information and records relating to the Home disclosed to it by the Board confidential and will not
disclose the same, except (i) to the extent that the same are or become a matter of public knowledge
other than through a breach of this Agreement or are required to be disclosed by judicial process or
any provisions of law, (ii) to attorneys, accountants, consultants and other representatives of Buyer
to the extent necessmy to evaluate the information received, provided that such persons shall agree
to be bound by the confidentiality obligations of this Section 6.11 or, (iii) to persons whose consent
or certification is required with respect to the transactions contemplated hereby.
6.12 Dela_ved Completion. On account of the difficulty of ascertaining the amount
of damages which would be sustained by the Board in the event the New Facility and the relocation
of the NF and ACR residents and employees ~s not completed within fourteen (14) months al2er
14
notice is given by the Board, pursuant to Section 6.10 above, that a site is acceptable, the Buyer
agrees to pay to the Board, as liquidated damages and not as a penalty, the additional sum of
TWENTY THOUSAND DOLLARS I$20,000) per month, payable on the 1st day of each month
thereafter until the relocation occurs.
6.13 Indemnification bv the Buyer. In addition to any other indemnification
provided for in this Agreement, the Buyer hereby indemnifies and agrees m defend and hold
harmless the Board and the Jurisdictions and their respective employees, parmers, off'icers, directors,
stockholders, agems and representatives (each, an "Indemnified Party") from and against any and
all losses incurred by an Indemnified Party by reason of or resulting from the breach by Buyer of any
covenant contained in or made pursuant to this Agreement or any Related Agreement (as hereinafter
defined).
7. Covenants of the Board.
7.01 Access and Information. Between the date hereof and the Closing Date, the
Board shall give to representatives of Buyer reasonable access during normal business hours to the
Home's premises, books, accounts and records and all other relevant documents and will make
available copies of all such documents and information with respect to the business and properties
of the Board related to the Home and subject m this Agreement as representatives of Buyer may
from time to time requesx, all in such a manner as not to disrupt unduly the Board's normal business
activities.
7.02 Conduct of Business. Between the date hereof and the Closing Date, the
Board:
15
(a) will, at its expense, except as otherwise stated herein, continue to
operate the Home at its present location.
(b) will maintain in effect and in good standing such consents, permits,
licenses, approvals, registrations, franchises, certifications or other authorizations ("Permits") as may
be required for the use and operation of the Home, provided that the Board shall not be required to
incur nonbudgeted capital costs necessary to maintain such Perm/ts. Following ten 110) days written
notice to Buyer that the Board will not be able m maintain such Permits without incurring said
capital costs, Buyer may, in its sole discretion, require the Board to maintain such Permits at Buyer's
expense;
(c) will not sell or dispose of any of the Purchased Assets or the assets
necessary for the continued operation of the Home except those disposed of in the ordinary course
of business;
(d)- will not make any agreement for the sale or transfer of the Purchased
Assets, or discuss or negotiate any such agreement, with any person or entity other than Buyer.
7.03 Delieensure. Upon the licensure, Medicaid certification, and relocation of
patients and staff to the New Facility by Buyer, the Board will convert the existing Home facility
to a non-nursing home facility use. For purposes of this Section 7.03 a "nursing home facility use"
shall mean use as a facility licensed pursuant to Article 1 of Chapter 5 of Title 32.1 of the Code of
Virginia (1992 Repl. Vol.) in which the primary function is the provision, on a continuing basis, of
nursing services and health-related services for the treatment and inpatient care of two or more
nonrelated individuals, including facilities known by varying nomenclature or designation such as
16
convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities.
extended care facilities and nursing or nursing care facilities.
7.04 Use of Existing Facility. To permit the full and complete transfer of the
Purchased Assets. the Board covenants and agrees that following the Relocation Date. the Board will
not use the existing Home facility as a nursing home facility as defined in Section 7.03 and will
provide the Virginia Department of Health any assurances requested by the Department in this
regard.
7.05 Additional Actions. Upon request from time to time, the Board shall execute
and deliver all documents, make all truthful oaths or affirmations, testify in any proceedings and do
all other acts that may be necessary, in the reasonable opinion of Buyer and its counsel, to perfect
the title of Buyer to the Purchased Assets. all without further consideration, but at no out-of-pocket
expense to the Board unless arising from a material breach of representation or covenant of the
Board hereunder or under.any documents executed by the Board pursuant hereto.
7.06 Patient Trust Funds. The Board hereby covenants that a tree, correct and
complete accounting (properly reconciled) of all patient trust funds held by the Board as of the
Closing Date for patients of the Home shall be provided within fifteen (15) days of the Closing Date.
The Board shall transfer said funds and property to the Buyer simultaneous with the delivery of the
reconciled patient trust fund schedule. Buyer shall assume all responsibility for administering
patient trust funds in accordance with all laws, rules and regulations applicable to such funds.
7.07 CostReports. The Board shall prepare and file with the appropriate Medicaid
agencies on or prior to the due date is final cost reports in respect to its operation of the Home as
required by law. Except for the recapture liability specified in Section 6.07, the Buyer shall have
17
no liability to any federal or state agency for any cost report, overpayment, reimbursement or
deficiency arising, or relating to events occurring, prior to the Closing Date. In the event a federal
or state agency making payment to the Board for services performed prior to the Closing Date shall
make ~ny claim against the Buyer for reimbursement or overpayment occurring during such period,
the Board agrees ro save, indemnify and hold harmless the Buyer from and against any and all loss,
damage, injury or expense incurred by the Buyer as a result of such claim.
7.08 Indemnification by the Board. In addition to any other indenmificafion
provided for in this Agreement, the Board hereby indemnifies and agrees to defend and hold
harmless the Buyer and its employees, parmers, officers, directors, stockholders, agents and
representatives (each, an "Indemnified Party") from and against any and all losses incurred by an
Indemnified Party by reason of or resulting from (a) the breach by the Board of any covenant
contained in or made pursuant to this Agreement and Co) the Board's ownership or operation of the
Home-prior to the Closing Date.
8. Conditions Precedent to Obligations of the Board and the Jurisdictions. The
obligations of the Board and the Jurisdictions hereunder are contingent upon the fulfillment of the
conditions set forth in this Section 8.
8.01 Performance of Obligations. Buyer shall have performed in all material
respects its obligations hereunder to be performed on or before the Closing Date.
8.02 Closing Certificate. The Board shall have received a certificate, dated the
Closing Date, executed by a duly authorized officer of Buyer confirming and certifying, after
reasonable investigation, that the representations and warranties of Buyer contained herein, and in
all other documents to be executed and delivered by Buyer pursuant hereto, are uue and correct as
18
of the Closing Date as if made on such date and that the condition set forth in Section 8.01 above
has been met and contaimng such other assurances as reasonably may be requested.
8.03 Opinion of Counsel. The Board shall have received an opinion of Mezzullo
& McCandlish. counsel for Buyer, in form and substance reasonably satisfactory to the Board, to the
effect that:
(a) Buyer ~s a corporation duly incorporated, validly existing and in good
standing under the laws of the Commonwealth of Virginia. and has all requisite corporate power and
authority to own and operate its properties and assets and to carry on its business as now being
conducted.
(b) This Agreement and all other documents required to be executed and
delivered by Buyer hereunder have been duly and validly authorized, executed and delivered by
Buyer.
9. Conditions Precedent to Obligations of Buyer. Buyer's obligations hereunder are
contingent upon the fulfillment of the conditions set forth in this Section 9.
9.01 Performance of Obligations. The Board and the Jurisdictions shall have
performed in all material respects their obligations hereunder to be performed on or before the
Closing Date.
9.02 Closing Certificate. Buyershallhavereceivedacerfificate, datedtheClosing
Date, executed by a duly authorized officer of the Board confirming and certifying after reasonable
investigation that the representations and warranties of the Board contained herein, and in all other
documents to be executed and delivered by the Board pursuant hereto, are tree and correct as of the
19
Closing Date as if made on such date, and that the condition set forth in Section 9.01 above has been
met and containing such other assurances as reasonably may be requested.
9.03 Opinion of Counsel. Buyer shall have received an opinion of Crews &
Hancock, P.L.C., counsel for the Board, in form and substance reasonably acceptable to Buyer, to
the effect that:
(a) The Board is authorized by the Jurisdictions to control the operation
of the Home and execute and deliver the documents described in Section 2.03 to be executed and
delivered by the Board.
(b) The Jurisdictions are political subdivisions of the Commonwealth of
Virginia and have all requisite power and authority to own and transfer the Purchased Assets to
Buyer;
(c) This Agreement and all other documents required to be executed and
dehvered by the Board hereunder have been duly and validly authorized, executed and delivered by
the Board.
10. Operations Before Closing. If requested by Board, Buyer agrees to assist Board,
as a consultant, with the operation of Home prior to the Relocation Date at rates mutually agreed to
by the parties. Payments pursuant to th/s provision shall be due upon the filing of the cost report for
the year in which the service was provided and expense incurred and upon completion of the Home's
financial statement for that period; provided, however, if expenses equal or exceed revenues for such
period, no payment shall be made. In the evem that revenueS for the period exceed expenses,
payment shall be mede at the agreed rate but not to exceed the mount by which revenues exceeded
expenses.
20
11. Operations After Closing. Buyer agrees that it will transfer promptly and deliver
to the Board any cash, checks or other property that it may receive after the Closing Date relating
to any accounts receivable of the Home for services and/or goods sold or rendered prior to the
Closing Date, and the Board agrees that it will transfer promptly and deliver to Buyer any cash,
checks or other property that it may receive relating to any accounts receivable of the Home for
services and/or goods sold or rendered subsequent to the Closing Date. Undesignated Payments
made by or on behalf of a debtor during the first sixty (60) days after the Relocation Date, shall be
allocated to billings, invoices or applications for reimbursement for the earliest services rendered
and/or goods sold. Undesignated Payments received more than sixty (60) days after the Relocation
Date shall be allocated to the latest services rendered and/or goods sold. For the purposes of this
section, Undesignated Payments shall exclude all payments fi:om Medicaid, the auxiliary grant
program or private third party payors, and stroll mean those payments which constitute copayments
or deductible from private individual residents/patients which are made without designation as to
the period for which services were provided.
After the Relocation Date, Buyer shall assist the Board in preparation of biltings for services
rendered and/or goods sold prior to the Relocation Date and shall provide the Board with a~cess to
and copies of all records or information necessary to complete cost repons or other govemmem
filings and to perform its billing functions. The Board agrees that any Medicaid funds received for
services rendered and/or goods sold prior to the Relocation Date but received ninety (90) days or
more subsequent to the Relocation Date shall be held by the Board without distribution until
settlement of the final cost report for the period in which the services were rendered and/or goods
sold. Buyer agrees to make available upon request during normal business hours financial books and
21
records as they relate to collection and payment for services rendered and/or goods sold prior to the
Relocation Date.
12. General.
12.01 Survival of Representations and Warranties. All covenants, agreements,
representations and warranties of Buyer and the Board under this Agreement shall survive the
Closing and the transfer of the Purchased Assets.
12.02 Finder's Fees. Each party hereto represents and warrants that all negotiations
relative to this Agreement and the transactions herein contemplated have been carried on without
the intervention of any other person in such a manner as to give rise to any valid claim by such
person for a finder's fee, brokerage commission, or like payment.
12.03 Notice. All notices, requests, demands and other communications required
or permitted to be given hereunder shall be deemed to have been duly given if in writing and
delivered personally, or mailed first class, postage prepaid, registered or certified mail, sent by
commercial or postal overnight delivery service and addressed as follows:
The Board and the Jurisdictions:
District Home Board
c/o David R. Beyeler. Chairman
Route 4, Box 82
Waynesboro, Virginia 22980
With a copy (which shall not constitute notice) to:
Thomas F. Hancock, III, Esquire
Crews & Hancock, P.L.C.
700 E. Main Street, Suite 1015
P. O. Box 1474
Richmond, Virginia 23218-1474
22
Buyer:
Smith/Packett Med-Com, Inc.
4648 Brambleton Avenue, S.W.
Roanoke, Virginia 24018
Attention: James R. Smith
With a copy (which shall not constitute notice) to:
Thomas W. McCandlish, Esq.
Mezzullo & McCandlish
1111 East Main Street, Suite 1500
P. O. Box 796
Richmond, Virginia 23218-0796
Any party may change the address to wkich such communications are to be directed
to it by giving written notice to the other parties in the manner provided in this Section 12.03.
12.04 Governing Law. This Agreement shall be enforced, construed and performed
in accordance with Virginia law.
12.05 Counterparts. This Agreement may be executed in any number of
counterparts and each shah be considered an original and together they shall constitute one
12.06 Entire A_m-eement. This Agreement constitutes the entire agreement between
the parties in respect of the transactions contemplated hereby and supersedes all pnor agreements,
arrangements and undertakings relating to the subject matter hereof. No covenants or conditions not
expressed in this Agreement shall affect or be effected to interpret, change or res~ict this Agreement.
This Agreement may be amended only by a writing specifically amending the Agreement and signed
by all of the parties hereto.
23
12.07 Modification, Waiver. No modification, waiver, termination, rescission.
discharge or cancellation of this Agreement, and no waiver of any provision of or default under this
Agreement shall effect the right of the parties thereafter to enforce any other provision or to exercise
any right or remedy in the event of any other default, whether or not similar.
12.08 Assignment. All of the terms, covenants, representations, warranties and
conditions of this Agreement shall be binding upon, and inure to the benefit of and be enforceable
by, the parties hereto and their respective heirs, devisees, personal representatives, successors and
assi~s, but this Agreement and the rights and obligations hereunder shall not be assigned by any
party without the prior written consent of the other parties. For the purposes of this Section 12.08,
the occurrence of any of the events set forth below shall also be deemed an assignment:
(1) A merger, consolidation, liquidation or dissolution of Buyer;
(2) l'he acquisition by any person in any transaction or related series of
transactions of the beneficial ownership often percent (10%) or more capital
stock of Buyer having voting power for the election of directors;
(3) Buyer shall become insolvent or shall be unable to pay its debts as a mature
or makes a general assignment for the benefit of creditors;
(4) Buyer shall be finally adjudicated a bankrupt or shall voluntarily file a
petition in bankruptcy seeking a reorganization or to affect a plan or other
arrangement with creditors; and
(5) Buyer shall file an answer to a creditor's petition or other petition filed
against it admitting the material obligations thereof for an adjudication in
bankruptcy or reorganization.
24
Notwithstanding the above, the Buyer may assign this Agreement to an entity of
which James R. Smith is the controlling owner without the consent 0fthe Board. No assignment
shall release Buyer from any obligation pursuant to this Agreement or alter the primary liability and
obligation of Buyer to pay the Purchase Price and to perform all other obligations to be performed
by Buyer hereunder.
12.09 Severability. If any provision or provisions of this Agreement shall be
determined to be invalid or unenforceable, either in whole or in pan, as contrary to the laws of
Virginia, this Agreement shall be deemed amended to delete or modify, as necessary, the
offending provision or provisions and to alter the balance of this Agreement in order to render this
Agreement valid and enforceable. [t is the intention of the parties that if any such modified
provision fails to reflect the spirit and intent 0f this Agreement, then the parties agree to restructure
the transactions contemplated by this Agreement so that the parties realize the benefits of this
Agreement as originally intended.
13. Breach of Agreement. To the extent the Board or the Jurisdictions have breached
any of their representations, warranties or covenants herein, the Board and the Jurisdictions shall be
allowed to cure such breach so long as such cure is made on or before the Closing Date, In the event
that Buyer fails to make timely payment to the Board of any sm due pursuant to Sections 1.03 and
6.12 of this Agreement ["Default") and said failure continue for more than ten (10) days after receipt
of written notice from the Board to the Buyer, in addition to any other legal remedies available to
the Board, upon written notice to Buyer, the Board may elect to terminate this Agreement. Should
termination occur, all rights, title and interest in the Purchased Assets shall revert to the Board and
the Jurisdictions while the Purchase Price and any other payments made to the Board as of the date
25
¸Il
this Agreement and al] parties to this Agreement shall bear their own respective costs incurred
without any further liability under this Agreement.
15. Survival. The respective fights and obligation of the parties under this Agreemem
shall survive the Closing and remain in full force and effect thereafter.
[iq WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this
Agreement to be executed by their duly authorized officers, as appropriate, all as of the day and year
first above written.
BUYER:
SMITHIPACKETT MED-COM, INC.
(~lames ~)~mith~, President
26
THE BOARD:
DISTRICT HOME BOARD FOR THE
COUNTIES OF ALBEMARLE, ALLEGHANY.
AUGUSTA, BATH, AND ROCKBRIDGE AND
THE CITIES OF CHARLOTTESVILLE.
COVINGTON, LEXINGTON, AND
WAYNESBORO, VIRGINIA
Its: Chairman
27
THE JURISDICTIONS:
COUNTY OF ALBEMARLE, VIRGINIA
28
COUNTY OF ALLEGHANY, VIRGINIA
By:_
Its:
29
COUNTY OF AUGUSTA, VIRGINIA
By:
Its:
30
COUNTY OF BATH, VIRGINIA
By:_
Its:
31
COUNTY OF ROCKBRIDGE, VIRGINIA
By:.
Its:
32
CITY OF CHARLOTTESVILLE, VIRGINIA
By:_
Its:
33
CITY OF COVINGTON, VIRGINIA
By:.
34
CITY OF LEXINGTON, VIRGINIA
By:_
Its:
35
CITY OF WAYNESBORO, VIRGINIA
By:
Its:
36
Assets Classified
Pursuant to I.R.C. § 1060
Class I $
Class II $
Class III $
Class IV $
Total
EXHIBIT 1
ALLOCATION OF PURCHASE PRICE
Assets Transferred
Aggregate Fair Market Value
AGREED TO:
BUYER:
SUGGESTED DRAFT
Allocation of Purchase Price
BOARD:
H:~DKOHLERLIMD~GREEMEN~DISTHOME.AP7
37