HomeMy WebLinkAbout2000-07-05 ACTIONS
Board of Supervisors Meeting of July 5, 2000
AGENDA ITEM/ACTION
1. Call to order.
4 Other Matters not Listed on the Agenda from the PUBLIC.
· Woody Baker thanked the Board and County staff for working
with the Farm Bureau on the policy amendment to the Open
Burning Permit Fees.
· John Martin spoke about the condition of the Sugar Hollow/
Ragged Mountain valve system and the need for it to be
modernized.
6. Presentation: Stream at Monticello High School.
· Students from MHS asked the Board to protect Cow Branch
Stream from development and designate it as park or
sanctuary for educational purposes.
7.1 Appropriation'. Education, $23,772.32 (Form #99082).
· APPROVED
July 6, 2000
7.2 Appropriation: Education, $45,561 (Form #99083).
· APPROVED
7.3 Appropriation: General Fund (purchase of consoles at
Emergency Communications Center), $169,040 (Form #20001).
· APPROVED
7.4 Lake Albemarle Road (Route 675) "Children at Play" sign.
· ADOPTED resolution.
7.5 Lake Reynovia Subdivision "Children at Play" signs.
· ADOPTED resolution.
7.6 Woods Edge Road Speed Limit Signs and "Children at Play"
signs.
· ADOPTED resolution.
7.7 Renewal of Contracts for Health and Dental Insurance Benefits.
· APPROVED the staff's recommendation for the 2000-2001
Dental Plan contract to be renewed with Delta Dental of
Virginia to retain a fully-insured plan, with no changes in the
dental benefits.
· APPROVED the health care contract for 2000-2001 be
renewed with QuaiChoice of Virginia with no change in rates
paid by employees, and the following changes to the medical
plan: (1) added oral contraceptives as a covered benefit; (2)
increased the office visit co-pay from $10 to $15; and (3)
changed the two-tier prescription benef~ to a three-tier benefit
($8 generic, $18 moderate-cost name brand and $33 high-cost
name brand).
· Ms. Thomas asked the effect of not increasing the co-payment
amount.
ASSIGNMENT
Meeting was called to Order at 9:05 a.m., by the
Chairman. All BOS members present.
Clerk: Acknowledge comments.
Clerk: Forward list of questions provided by
students to Elaine Echols.
Elaine Echols: Meet with students regarding their
concerns.
Clerk: Forward to Melvin Breeden and copy
appropriate persons.
Clerk: Forward to Melvin Breeden and copy
appropriate persons.
Clerk: Forward to Melvin Breeden and copy
appropriate persons.
Clerk: Forward to Angela Tucker and copy Juan
Wade. (Attachment 1)
Clerk: Forward to Angela Tucker and copy Juan
Wade. (Attachment 2)
Clerk: Forward to Angela Tucker and copy Juan
Wade. (Attachment 3)
Human Resources: Notify employees.
Roxanne White: Provide response.
7.8 Authorize County Executive to sign Declaration of Covenants
and Deed of Easement at Rosewood Village, adjacent to
Branchlands Pond.
AUTHORIZED County Executive to sign Declaration of
Covenants and Deed of Easement.
7.9 Adopt resolution approving the issuance of up to $5,250,000 of
revenue bonds by the Industrial Development Authority of
Albemarle County to finance the Woods Edge Apartment complex
for the Elderly; and support grant of up to $320,000 to JABA.
· ADOPTED the resolution and supported a grant of up to
$320,000 over an eight year period to JABA to be used
exclusively to support the affordability of Woods Edge
apartments by reducing the amount of rent paid by 30 elderly
households.
7.10 Authorize Chairman to sign Resolution in support of ,N-lIP
grant for Home Emergency Program.
· AUTHORIZED Chairman to sign Resolution.
7.11 Installation of pedestrian/security lighting at the intersection of
Ricky Road and Middlesex Drive, and at the intersection of
Northf~lds Road and Rolling Road.
· APPROVED the lighting projects for funding from the
Streetlighting CIP Program.
7.12 Purchase of Keene Landfill Buffer Property (2.9 acres, Mark
Hanna Banks, et. al).
· AUTHORIZED purchase of the 2.9 acre property for $6500 with
funds from the Keene Landfill Closure CIP Account and
authorized the County Executive to execute the deed on behalf
of the County.
7.13 Purchase of Keene Landfill Buffer Property (4 acres from W. L.
Ward and 7.129 acres from M. R. Van Clief Estate).
· AUTHORIZED County Executive to execute purchase
agreements.
7.14 Approve amendment and authorize Chairman to sign revised
Interlocal Agreement - Workforce Investment Act (WIA).
· AUTHORIZED Chairman to execute agreement.
7.15 Policy Amendment to Open Burning Permit Fees.
· ADOPTED the attached resolution.
Engineerinq Department: Record document in the
Clerk of the Circuit Court's office and provide this
off~:e with copy of recording receipt.
Clerk: Forward resolution to Fore Woods Edge,
with copy to JABA and McGuire, Woods, and
County staff. (Attachment 4)
Clerk: Forward resolution to AHIP and copy
County staff. (Attachment 5)
En,qineerin,q and Public Works: Proceed with
projects as approved.
County Attorney's office: Record deed in Clerk of
the Circuit Court's office and provide this office with
a copy of the deed and recording receipt.
County Attorney's office: Record deeds in Clerk of
the Cimuit Court's office and provide this office with
a copy of the deed and recording receipt.
Clerk: Forward agreement to Nancy O'Brien and
request copy of agreement after it is fully executed.
Clerk: Forward signed resolution to Fire/Rescue.
(Attachment 6)
8. Transportation Matters.
· Ms. Tucker stated that there will be a Citizen Information
Meeting on Wednesday, July 19, 2000, between 5:00 p.m. and
7:00 p.m., at the Double Tree Hotel, to review the proposed
plans for the next phase of the widening of Route 29. Ms.
Humphris had some concerns about the meeting was
advertised in The Daily Progress. She also expressed
concerns about turning Route 29 into a limited access highway.
7.16 Update on Release into the Moormans River at the Sugar None.
Hollow Dam.
· RECEIVED as information.
7.17 Update White Hall Post Office None.
· RECEIVED as information.
Clerk: Include in letter to Angela Tucker.
· Mr. Cilimberg said he would provide an updated report and
statement, for the July 12th agenda, for the Primary Road Pre-
allocation Hearing to be held in Culpeper on July 25th.
· In response to Mr. Perkins, Ms. Tucker said VdoT is in the
process of putting together the contract for painting the
Advance Mills Bridge. They will also take care of the damage
to the abutments between now and when the painting is done.
· Mr. Dorrier said he would like to meet with Ms. Tucker to look
at the plans for the entire Route 20 South corridor.
· Ms. Thomas said the Rivanna Trails Foundation learned that
some of the old metal truss bridges, when they are taken down
by VdoT, can possibly be made available for pedestrian
bridges. She asked Ms. Tucker to get back with her with some
information.
· Ms. Thomas said she received a letter from a resident who
lives on the unpaved section of Dicks Wood Road. He stated
that when the road is paved, there will continue to be joggers
and bicyclists who use the road. She asked if the contract will
include paved shoulders. Ms. Tucker said VdoT should be
awarding the contract within the next week or so; she can look
at what the additional expense will be and how it can be added
to the contract.
· Mr. Perkins asked if Ms. Tucker would start providing the Board
with updates on the status of construction projects.
· Mr. Bowerman handed Ms. Tucker a sketch of a situation at the
light at Old Brook Road, Hillsdale Drive and Northfields Road.
He explained the configuration of the light and left turn
situation, and asked VdoT to look at the problem.
NOT DOCKETED: Mr. Martin asked if the projection screen could
be moved from behind the Chairman to another location in the
Board room.
Joe Letteri: Look at the situation.
9. Update: "Living with Water Program". None.
· RECEIVED
Clerk: Advertise for public hearing.
Clerk:
10. Discussion: Compensation of Boards and Commissions/
Equalization of Pay Ordinance.
· SET public hearing for August 2, 2000, at 10:45 a.m., to amend
the County Code to increase the salary of Planning
Commission members and to increase the per meeting
compensation set out in the Equalization of Pay Ordinance.
SUPPORTED adding the Architectural Review Board to the
citizen boards identified in the Equalization of Pay Ordinance.
SUPPORTED the School Board initiating a request to the 2001
General Assembly to increase the School Board salaries.
11. Discussion: Tax Relief for Elderly and Disabled Maximum
Eligibility Limits.
· SET a public hearing for September 20, 2000, to amend the
County Code to expand the pool of participants by raising the
maximum eligibility requirements to the average of $25,000 in
combined income and $80,000 in combined net worth with no
additional dollars required for FY 2001, with a graduated scale,
to be implemented in January, 2001, and striving to meet the
State guidelines when the Census data becomes available.
Advertise for public hearing.
12. School Board Presentation.
· RECEIVED. Ms. Thomas suggested the rate that fees are
charged for use of school facilities be an item for discussion at
the next ioint meeting of the Board and School Board.
13. Discussion: Acquisition of Conservation Easement Program
(ACE) Ordinance (deferred from June 14, 2000).
ADOPTED the ordinance. Administrative costs for the program
to be included as a line item in the Planning Department's
budget. REQUESTED the Clerk advertise for members to the
ACE Committee for appointment on August 2ha.
14. Discussion: Year 2001 Legislative Proposals.
· The Commission on Tax Structure will meet at Alumni Hall on
July 10th, beginning at 9:00 a.m.
· The House Committee on Counties, Cities & Towns and the
Senate Committee on Local Govemment will meet to discuss
high growth issues at James Madison University on July 21st, at
10:00 a.m.
· A special subcommittee of the Senate Finance Committee that
will be looking at local tax policy and tax structure issues will
meet on July 19th, in Richmond, beginning at 10:00 a.m. Mr.
Tucker asked if Board members wanted staff to develop
anything on the tax structure issue. Ms. Thomas suggested
including the survey staff developed last year on funding school
construction, and the list of all the local taxes that have been
capped. Ms. Humphris suggested that staff get for their
information a copy of the presentations made by the VACo/
VML Advisory Committee to the tax structure committee.
15. Other Matters not Listed on the Agenda from the BOARD.
· Ms. Humphris said the Joint Legislative Audit and Review
Commission (JLARC) has scheduled a forum in conjunction
with JLARC's two-year study of education funding. The forum
will be held at the Charlottesville Performing Center on July 24,
at 7:00 p.m. They are asking that someone appear and make
a statement or submit written comments to JLARC. Ms.
Thomas said this is another place to discuss funding for school
construction.
· Ms. Humphris mentioned a letter Board members received
regarding safety at the skateboard park. Mr. Tucker said he
believes the City is going to reconsider this issue.
· Ms. Thomas said she attended a three-day seminar on public
involvement in transportation decision making. There were lots
of ideas and she will share those with Lee Catlin.
16. Closed Session: Personnel and Property Matters.
· Adjourned into closed session at 12:08 p.m., pursuant to
Section 2.1-344(a) of the Code of Virginia under subsection (1)
to consider appointments to boards and commissions; and
under subsection (3) to consider the acquisition of specif~:
properties for public use.
17. Certify Closed Session.
· Reconvened at 1:55 p.m. in the Fourth Floor Conference Room
and certified the closed session.
None.
Clerk: Forward adopted ordinance to County
Attorney's oft'me to include in the next update of the
County Code and copy appropriate persons.
Advertise for applications and send letter to current
Committee members to see who wants to be
considered for the new committee. (Attachment 7)
County Executive staff: Get information. Forward
initiatives to VACo.
None.
16. Other Matters continued.
AUTHORIZED the purchase of 27.482 acres of property owned
by W M Currier Flip Charitable Remainder Unitrust and to
authorize the County Executive to sign the sales contract and
all documents necessary for closing.
18. Appointments.
APPOINTED John E. Davidson and Fred Copeland to the
Community College Board of Directors, with terms to expire
June 30, 2000.
· APPOINTED Happy Darcus as the youth member on the
Commission on Children and Families, with term to expire on
July 1, 2001.
REAPPOINTED William H. Bolton as the Rivanna District
representative on the Albemarle County Service Authority, with
term to expire on Apd116, 2004.
· REAPPOINTED A. Bruce Dotson and Peter G. Hallock to the
Fiscal Impact Advisory Committee, with terms to expire on July
8, 2002.
· Mr. Martin said he would call Mr. Ward about their request for a
School Board member representative on the County's Audit
Committee.
25 Adjourn.
Meeting was adjourned at 2:02 p.m.
Clerk: Send out notification letters, regret letters,
and update boards and commissions appointment
book.
/ewc
Note: Signed copies of the attachments will be forwarded to the appropriate persons in
interoffice mail.
Attachment 1
Attachment 2
-.-~ttachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Lake Albemarle Road "Children at Play" sign
Lake Reynovia Subdivision "Children at Play" signs
Woods Edge "Children at Play" signs
Industrial Development Authority -Woods Edge Apartment complex
AHIP Resolution
Resolution - Policy on Open Burning Permit Fees
ACE Ordinance
Questions for The Board
- Are there any details to the plans for development? If so could we have a
copy of them?
- What is the boards position on the state of the property?
~ To your knowledge have there been any previous cases in which developers
have chosen to protect their land instead of developing it?
~ Are there any laws already in place that could help protect this property?
~ Other than what we have provided what data would be necessary to protect
the stream?
- How much will the students and faculties feelings affect the f'mal decision?
- Of the factors presented which is the most important to you in your decision
making?
APPROPRIATION REQUEST
FISCAL YEAR:
99/00
NUMBER
99082
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND:
SCHOOL
PURPOSE OF APPROPRIATION:
EDUCATION DONATIONS AND GRANTS.
CODE
2215 61101
2215 61101
2215 61411
3203 61311
3104 60212
2114 61101
2201 61101
2202 61101
2203 61101
2204 61101
2205 61101
2206 61101
2207 61101
2209 61101
2210 61101
2211 61101
2212 61101
2213 61101
2214 611O1
2215 611O1
2216 61101
2251 61101
2252 61101
2253 61101
2254 61101
2255 61101
2301 61101
2302 61101
2303 61101
2304 61101
EXPENDITURE
DESCRIPTION AMOUNT
60130(~'~Ed/Rec Supplies $110.00
601200 Books/Subscriptions 10.00
580500 Staff Dev. 50.00
580500 Staff Dev. 17,457.55
601300 Ed/Rec Supplies 750.00
602000 Textbooks 3,965.57
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 EdlRec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
601300 Ed/Rec Supplies 59.55
TOTAL $23,772.32
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 18100 181109 Donations $170.00
2 3203 33000 330200 TitlelI-EisenhowerGrant 17,457.55
2 3104 18100 181'243 7-Eleven Grant 750.00
2 2000 19000 190214 Te~book Fund 3,965.58
2 2000 18100 181109 Donations 1,429.20
TOTAL $23,772.33
TRANSFERS
REQUESTING COST CENTER: EDUCATION
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE
DATE
JUNE 21, 2000
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 1999/00 Appropriation - Education
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #99082, totaling
$23,772.32, for various Education donations and
grants.
STAFF CONTACT(S):
Messrs. Tucker, Castner, Breeden; Ms. White
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
IN FORMATION:
ACTION: X INFORMATION:
BACKGROUND:
Donation - Murray Elementary School
ATTACHMENTS:
REVIEWED BY:
Yes
Murray Elementary School received anonymous donations in the amount of $170.00. These donations will be
used to purchase books for the literacy program, instructional materials, books and subscriptions and staff
development for the school.
Title II Eisenhower Grant
The 1998-99 Title II Eisenhower Grant was not fully expended in the 1998-99 fiscal year. It is requested that the
grant carryover amount of $17,457.55 be appropriated for the 1999-2000 fiscal year. These funds will be used
to provide professional development activities in mathematiCs and reading.
7-Eleven, Inc Grant - Woodbrook Elementary School
Woodbrook Elementary School received three grant awards in the amount of $250.00 each from 7-Eleven, Inc.
The grants, entitled People Who Read Achieve, will fund programs that will help motivate students to read more
and help improve their reading comprehension skills.
Textbook Fund
The textbook fund collected $3,965.57 from the schools for textbooks that were lost, damaged or sold.
requested this money be appropriated to the 1999-00 fiscal year to purchase replacement textbooks.
It is
Donation - Book Blast
The Albemarle Education Association is a professional organization, which advocates on behalf of public schools
in a variety of Ways. For the last several years they have worked with Barnes and Noble to sponsor the Book
Blast. This annual celebration is a fundraiser for the local school libraries. As a result of this year's event they
were able to donate $1,429.20 to be shared equally by each Albemarle County School. The funds are intended
to help libraries in the schools to purchase additional books for use by the students.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the appropriations, totaling $23,772.32, as detailed on
AppropriatiOn #99082.
00.136 ·
APPROPRIATION REQUEST
FISCAL YEAR:
99/00
NUMBER
99083
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: SCHOOL
PURPOSE OF APPROPRIATION:
EDUCATION DONATIONS AND GRANTS.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 2215 61101 601300 Ed/RecSupplies $100.00
1 2215 61101 800200 Furniture/Fixtures 360.00
1 2111 61311 601300 Ed/Rec Supplies 1,000.00
1 3104 60207 601300 Ed/Rec Supplies 500.00
1 2111 61104 601300 Ed/Rec Supplies ' 700.00
1 3143 61101 540410 Rental-Instruments 1,595.00
1 3307 61129 600200FoodSupplies 25,700.00
1 3116. 63348 132100 Teacher-Wages 557.36
1 3116 63348 210000FICA 42.64
1 9000 62190 800707 Tech. Grant-Equip 15,006.00
TOTAL $45,561.00
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 18100 181109Donations $2,160.00
2 3104 18000 181244 7-Eleven Grant 500.00
2 3143 18100 181241 Strings Program 1,595.00
2 3307 33000 330610 USDA Reimbursement 25,700.00
2 3116 16000 161206 Tuition-Adult Ed 600.00
2 9000 24000 240265TechnologyGrant 15,006.00
TOTAL $45,561.00
TRANSFERS
REQUESTING COST CENTER: EDUCATION
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE
DATE
JUNE 21, 2000
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 1999/00 Appropriation - Education
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation #99083, totaling
$45,561.00, for various education donations and
grants.
STAFF CONTACT(S):
Messrs. Tucker, Castner, Breeden; Ms. White
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ITEM NUMBER:*
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Donation - Murray Elementary School
Murray Elementary School received anonymous donations in the amount of $460.00. These donations will be
used to purchase music stands for the After School Band Program and instructional materials for the school.
Donation - Rotary Club of Charlottesville Foundation
Albemarle County's Department of Instruction received a donation from the Rotary Club of Charlottesville
Foundation in the amount of $1,000.00. This donation will help to implement the Character Counts Project.
Eleven Albemarle County Schools are utilizing this program within their instructional programs. The program is
based on the premise that the development of young people is a process shared by schools, parents, and the
community.
Grant - 7-Eleven Inc.
Red Hill Elementary School received a grant award in the amount of $500.00 from 7-Eleven, Inc. The grant,
entitled People Who Read Achieve, will fund programs that will help motivate students to read more and help
improve their reading comprehension skills.
Donations - Various
Albemarle County Schools has received donations from the Earlysville Family Health Center in the amount of
$100.00, Dominion Digital, Inc. in the amount of $500.00, and The Earlysville Animal Hospital in the amount of
$100.00. These donations are for the Gifted Program.
Albemarle County Schools received donations from Ralph & Marcia Rowley for $20.00, Nancy Takahashi for
$50.00, John & Renee Gdsham for $500.00, Judith Gray for $25.00, and Williams Gas Line for $1,000.00. These
funds are for the Strings for Students Program.
US Department of Agriculture
Albemarle County Schools is a partner in Virginia's four-year old PreSchool Initiative, Bright Stars. As part of the
partnership Albemarle County Schools provides transportation and meals (breakfast, lunch, dinner) to participating
children through the US Department of Agriculture's (USDA) Child Care and Adult Day Care Program. The
program reimburses the school division for meals based on the student's participation and qualification for free
or reduced priced meals. The amount of reimbursement from the Federal Government is $25,700.
AGENDA TITLE:
Appropriation - Education
July 5, 2000
Page 2
Adult Basic Education
Albemarle County Adult Basic Education provides tuition classes tailored to the individualized needs of the clients
of private companies, institutions and agencies when needed to supplement our existing classes. Revenues were
received in the amount of $600.00 from International Cold Storage Company for English as a Second Language
class.
Education Technology Grant
Chapter 935, 1999 Virginia Acts of Assembly (the 1998-2000 Appropriation Act) authorizes the Virginia Public
School Authority to conduct an education technology grant program in the spring of the year 2000. The primary
purpose of this educational technology grant program is to provide for replacement of hardware related to
administrative and student management and information systems. Albemarle County meets or exceeds the
minimum requirements necessary to receive these funds. At its March 2000 Board meeting, the Board received
the grant in the amount of $63,330.00. Through further communications with the Virginia Department of
Education, Albemarle County Schools will receive additional funding in the amount of $15,006.00. These funds
will be used for reimbursement of computer technology equipment.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the appropriations, totaling $45,561.00, as detailed on
Appropriation #99083.
00.135
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED ?
FUND:
PURPOSE OF APPROPRIATION:
FUNDING FOR NEW DISPATCH CONSOLE FURNITURE.
EXPENDITURE "
CODE DESCRIPTION
NUMBER
20001
ADDITIONAL
TRANSFER
NEW
X
YES
NO X
E.C.C.
AMOUNT
1 4100 31041 800200 DISPATCH CONSOLE FURNITURE $169,040.00
TOTAL $169,040.00
REVENUE
CODE DESCRIPTION AMOUNT
2 4100 16000 160518 CITY-CAPITAL $81,004.00
2 4100 16000 160519 COUNTY-CAPITAL 73,177.00
2 4100 16000 160530 UVA-CAPITAL 14,859.00
TOTAL $169,040.00
TRANSFERS
1 1000 31040 700011 911-CAPITAL 73,177.00
2 1000 51000 510100 FUND BALANCE 73,177.00
REQUESTING COST CENTER: FINANCE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISOR
SIGNATURE
DATE
JUNE 21, 2000
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN DA TITLE:
Appropriation - General Fund
SUBJECT/PROPOSAL/REQUEST:
Request Approval Of Appropriation #20001, for Purchase
of Consoles at Emergency Communications Center (ECC)
STAFF CONTACT(S):
Messers. Tucker, White, Foley
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ITEM NUMBER:
IN FORMATION:
INFORMATION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
In March of this year the Emergency Communications Center (ECC) released an RFP for the purchase of console furniture
for the new center. The successful bidder that was selected is Dispatch Products of Angola, IN.
The ECC is a multi-jurisdictional Emergency Communications Center operated by the City of Charlottesville, University of
Virginia and the County of Albemarle.
DISCUSSION:
This modular console furniture will be designed into 15 dispatch/operator stations and will be used in a 24-hour setting to
handle the call taking and dispatch functions for police, fire and EMS services. These console stations are designed to
house telephone, radio and computer dispatch equipment. They also will also house all electronic equipment, including
wiring.
The total cost of the consoles is $169,040. The City's share is $81,004 (47.92%), the County's share is $73,177 (43.29%)
and the University's share is $14,859 (8.79%.)
RECOMMENDATION:
Staff recommends approval of Appropriation #20001 in the amount of $169,040.
00.131
RESOLUTION
WHEREAS, the residents of Lake Albemarle Road are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children
that play near the road; and
WHEREAS, the residents believe that a ~Children At Play~ sign would help alleviate some
of their concerns;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby supports the community's requests for VDOT to install the "Children
At Play" sign(s) on Lake Albemarle Rd (SR 675).
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of the Resolution duly adopted by the Board of County Supervisors of Albemarle County
by a vote of six to zero on July 5, 2000.
~,~.-z.~.~. Boa rd of ~=a4pervisors ~//
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Lake Albemarle Road ~Child at Play" sign
SUBJECTIPROPOSAL/REQUEST:
Request to install near intersection of Lake Albemarle Road
(SR 675) and Garth Rd.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg, Benish, Wade
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
The residents of Lake Albemarle Road have requested the Virginia Department of Transportation to install a "Child at Play"
sign on Lake Albemarle Road (SR 675) near Garth Rd. This request requires a resolution of support from the Board of
Supervisors.
DISCUSSION:
On March 3, 1999, the Board of Supervisors endorsed new guidelines for the installation of "Child at Play' signs. Staff will
use these new guidelines to review this request.
"Child At'Play" signs shall, only be considered on secondary roads. The residents have requested the sign be
located on Lake Albemarle Road (SR 675) a secondary read. This area is located off of Garth Road. This will alert all
vehicles to be cautious of children as they enter the subdivision.
2. The request must come from a Homeowner's Association where applicable. Staff has received a letter (attached)
requesting the sign from several residents. There is no existing Homeowner's Association.
There must be child activity attraction nearby for the sign to be considered. The street where the "Child at Play'
sign is proposed is subject to vehicles speeding around comers where the children play in nearby fields. The homes
are on one side of the street and children must cross the road to get to fields on the other side of the street.
The installation of the sifln shall not conflict with any, existinn traffic control devices. The proposed location of
the sign will not conflict with any existing traffk: control devices. Staff will work with VDOT to determine the exact location
for the sign.
RECOMMENDATION:
Staff recommends the Board of Supervisors endorse a resolution supporting a "Child at Play" sign on Lake Albemarle Road
(SR 675).
Altegra Studnitz
Norman Pedersen
2847 Lake Albemarle Road
Charlottesville, VA 22901
To
Juan Diego Wade
County Department of Engineering
401 Mclntire Road
Charlottesville, VA 22901
RECTM 'ED
HAY 2
PLANNING AND
~OM~UNITY DEVELOPIViEN ?
Dear Sir,
To follow upon our recent phone conversation, I would 1Ae to put in writing our request for a traffic sign
mounted onto the side of Lake Albemarle Road, indicating "Children at Play."
We have 5 children, with one foster child to arrive this summer, and one grandchild.
We occupy the first two houses to the left on Lake Albemarle Road coming in from Garth Road. Our
neighbors, in the third house, have three children.
The age range of the children is 4 weeks to 12 years.
They are all boys, except one, and always out end about playing ball in the surrounding fields.
We have no fence protection or the possibility to install fences to insure the safety of the children.
Preceding my call to you I had talked to Bill Mills from the Department of Transportation asking him about the
possibility to lower the 35-mile speed limit
to at least 25 miles. I was told the chances are slim as this requires a study of the area and might not
necessarily result in traffic slowing down.
We have problems with trucks in particular racing around the curves down Lake Albemarle Road towards
Garth Road.
My 21-month-old son ran into the street the other day, which prompted me to inquire about the possibility to
get a "Children at Play" sign posted.
We would greatly appreciate if you would forward our request to the Board.
Thank you for considering our request.
........ ~i'ncerel_y_: _
:5124100
RESOLUTION
WHEREAS,
the residents of Lake Reynovia are concerned about speeding traffic in their
neighborhood and the potential hazard it creates for the numerous children that
play near the road; and
WHEREAS,
the residents believe that four (4) "Children at Play" signs would help alleviate some
of their concerns;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
supports the community's requests for VDOT to install the ~Children At Play"
sign(s) in the Lake Reynovia subdivision.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the
Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of six
to zero on July 5, 2000.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Lake Reynovia "Children at Play" signs.
SUBJECT/PROPOSAL/REQUEST:
Request to install four (4) "Children at Play" signs on various
streets in the Lake Reynovia subdivision.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg,Benish,Wade
AGENDA DATE:
July 5, 2000
ACTI O N:
CONSENT AGENDA:
ACTION: Yes
ITEM NUMBER:
INFORMATION:
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: ~
BACKGROUND:
The Lake Reynovia Owners Association has requested for the Virginia Department of Transportation to install four (4)
"Children at Play" sig ns on various roads in the subdivision. These roads include Reynovia Dr. (SR 1086), Larkspur Way
(SR 1089), Blackthorn Lane(SR 1091), and Starcrest Rd. (SR 1194). This request requires a resolution of support from
the Board of Supervisors.
DISCUSSION:
On March 3, 1999, the Board of Supervisors endorsed new guidelines for the installation of"Child at Play" signs. Staff
will use these new guidelines to review this request.
1. "Watch for Children" signs shall only be considered on secondary roads. The residents have requested the
signs be placed in several locations. All are on secondary roads.
2. The request must come from a Homeowner's Association where applicable. Staff has received a letter
requesting the signs from the president of the Lake Reynovia Owners Association. (attached)
There must be child activity attraction nearby for the sian to be considered. The streets where the "Children
at Play" signs are proposed are subject to vehicles speeding where the children play in the streets and other
residents walk. These areas are located throughout the subdivision, but all of them possess qualities of potential
hazard to children playing in the streets or in neighbors' driveways.
The installation of the sign shall not conflict with any existinl:l traffic control devices. The proposed location
of the signs will not conflict with any existing traffic control devices. Staff will work with VDOT to determine the exact
location for the signs.
RECOMMENDATION:
Staff recommends the Board of Supervisors endorse a resolution supporting four (4) "Children at Play" signs in the Lake
Reynovia Subdivision.
Bobbie Relken
249 Starcmst Rd.
Charlottesville, VA 22902
May 25, 2000
Dear Mr. Wade,
I am sending this written request due to the common concern of the homeowners
here in Lake Reynovia of "speeders". We are experiencing severe problems with
speeding vehicles and are concerned for the safety for those who walk, or walk
dogs on or near the streets in our residential area. We are particularly concerned
for our children. We have had two children ran off the road by a speeding
vehicle, one of which was hospitalized for three days.
I am requesting four "children at play" caution signs to be installed. Two on
Reynovia Ddve, one on Blackthorn Lane, and one on Starcrest Rd. I am listing
below the location of where I think the signs would be most beneficial.
Your help in this matter will be greatly appreciated.
#1 Between 1537 Renovia Dr. and guardrail
#2 Between Larkspur Way and Buttercup
#3 Between 136 Blackthorn Ln. and 116 Blackthorn Ln.
#4 Just before 287 Starcrest Rd. Across from 300 Starcrest Rd.
Sincerely,
Bobbie Relken
President
Lake Reynovia Owners Assoc.
804-971-8346
RECEIVED
PLANNING AND
COMMUNITY DEVELOPMENT
RESOLUTION
WHEREAS,
the residents of Woods Edge Road are concerned about traffic in their
neighborhood and the potential hazard it creates for the numerous children that
play in or near the road; and
WHEREAS, the residents believe that speed limit and "Children at Play" signs would help
alleviate some of their concerns;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby supports the community's requests for VDOT to install two (2) 25mph
speed limit signs and three (3) "Children at Play" signs on Woods Edge Road.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the
Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of
six to zero on July 5, 2000.
Clerk, B~o.ard~f Supei~iso~
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY ,:;
AGENDA TITLE:
Woods Edge Road Speed Limit Signs and Children at Play
signs.
SUBJECT/PROPOSAL/REQUEST:
Request to install two (2) 25mph speed limit signs and three
(3) "Children at Play" signs on Woods Edge Road.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg,Benish,Wade
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: Yes
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
IN FORMATION:
?
BACKGROUND:
The residents of Woods Edge Road have requested for the Virginia Department of Transportation to install two (2)
25mph speed limit signs and three (3) "Children at Play" signs on Woods Edge Road. VDOT will install the speed
limit signs. The Children at Play sign request requires a resolution of support from the Board of Supervisors.
DISCUSSION:
On March 3, 1999, the Board of Supervisors endorsed new guidelines for the installation of "Child at Play" signs. Staff
will use these new guidelines to review this request.
1. "Watch for Children" signs shall only be considered on secondary roads. The residents have requested
the signs be placed along Woods Edge Road, a secondary road. This will alert all vehicles to be cautious as they
enter the subdivision. This area is located off of Union Mills Road (SR 616).
The request must come from a Homeowner's Association where applicable. Staff has received a petition
from a representative of the neighborhood requesting the signs. The petition was signed by 58 residents of the
neighborhood. (attached) There is no established homeowner's association.
There must be child activity attraction nearby for the sign to be considered. The street where the signs are
proposed is subject to vehicles speeding where the children play and walk. While there is no playground or
common recreational area, the homes are close together and many driveways have attractions such as
basketball goals. These attractions prompt children to cross the road or to play in or near the road.
The installation of the sign shall not conflict with any existing traffic control devices. The proposed
location of the signs will not conflict with any existing traffic control devices. Staff will work with VDOT and the
residents to determine the exact location sign.
RECOMMENDATION:
Staff recommends the E~oard of Supervisors endorse a resolution supporting the speed limit and "VVatch for Children"
signs along Woods Edge Road.
Cc: Jack Kelsey
00.134
March 22, 2000
Jerry Shatz
401 McIntyre Rd., Rm. 211
Charlottesville, VA 22901
Dear Mr. Shatz,
I am writing you this letter per our telephone conversation on March 21, 2000,
concerning adding some "Speed Limit" signs and "Watch for Children" signs to our
neighborhood. We are located on Woods Edge Rd. (also known as SR 623)just off
of Union Mills Rd. in Albemarle County. As I discussed with you, I delegated
myself as an advocate for our neighborhood in trying to increase the safety for all
children. The citizens in our neighborhood have become increasingly concerned
about the amount of cars and trucks that seem to ignore the speed limit or possibly
don't understand that not only is the paved surface of our road posted 25mpk, but as
our road turns to gravel the speed limit remains 25mph. One thing that has changed
since the first two signs were originally placed in this neighborhood is that the
gravel part of the road was mainly farm land and not populated. In the past five
years this land has been divided and sold to families with children, which increases
the need for awareness to the speed limit on this portion of the road. Another factor
that seems to bring in more traffic is a working farm at the end of our road which
has a fairly large amount of trucks coming in and out daily, some being the farm
trucks and some being trucks from other businesses. We therefore are requesting to
have one "Speed Limit" sign posted at the beginning of the gravel road and one
posted at the end of the gravel road to insure knowledge of the speed limit. As more
children move in to the gravel part of the road and reach the age to use the road for
bicycling and walking, it has become more necessary to make sure motorists
understand that this portion of the road is also posted at 25mph. Furthermore, we
are requesting that several "Watch for Children" signs be posted on the paved part
of our road, as well as the gravel part of our road. With the increasing number of
children in this neighborhood, especially those who are old enough to walk and ride
bikes, and with the weather getting nicer, more and more of our children are getting
outside to play, more mothers are pushing strollers, and the necessity of protecting
the children in the neighborhood increases. We would like to do everything in our
power to insure their safety. Hopefully, with increased awareness of the speed limit
and of the fact that their are many children in this neighborhood, we will avoid any
tragic situation. Below you will find the signatures of the majority of citizens living
in this neighborhood to assure you that we are all in agreement to the necessity of
increased awareness on our road.
Thank you for your time and consideration of this matter. Please contact me if
you have any further questions concerning this matter.
Sincerely,
NAME
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11.
12.
14.
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17.
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ADDRESS
Martha Smith
4401 Woods Edge Rd.
Troy, VA 22974
(804) 979-4671
PHONE#
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Attachment:
We have read the letter dated March 22, 2000, addressed to Jerry Shatz, and we agree that
"Speed Limit" signs and "Watch for Children" signs are necessary, will increase awareness of the
speed limit, will increase awareness of the fact that their are many children in this neighborhood,
and will help us to avoid any tragic situation.
NAME ADDRESS PHONE#
27,
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Health/Dental Insurance Contract for FY 2000-2001
SUBJECT/PROPOSAL/REQUEST:
Recommendation to renew contracts for health and dental
insurance benefit and establishes financial rates for the fiscal
year 2000/2001.
STAFF CONTACT(S):
Messrs. Tucker, White, Foley, Thompson
BACKGROUND:
AGENDA DATE:
July 5, 2000
ACTI O N:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS.:
REVIEWED BY: ,;~(~ ~
/
Attached is a three page memorandum and two attachments (1 and 2) that provides the recommended plans and insurance
premiums made by the County Health Care Executive Committee to the County Executive and Superintendent. The
procurement process this year focused on a renewal with both of our current insurance providers, QualChoice and Delta
Dental. The purpose of the renewal was to develop a competitive employee benefit design based on the market place while
providing quality programs.
DISCUSSION:
In the analysis of the renewal proposals the insurance premiums paid to Delta Dental will increase. The County (employer)
contribution for dental will increase from the $84 to $97 for 2000-2001. The cost to maintain our current medical benefit is
projected to rise 10.8%. The County (employer) contribution for the medical will increase from $2,608 to $2,735. The
insurance rates for employees are proposed to remain the same as this recent year.
RECOMMENDATION:
Dental: The Health Care Executive Committee recommends for the 2000-2001 Dental Plan contract be renewed with Delta
Dental of Virginia to retain a fully-insured plan. No changes in the dental benefit are recommended. The Board of Supervisors
contribution for the dental plan is budgeted at $97 annually for all full-time employees and the insurance rates under this
recommendation are as follows:
BASIC PLAN HIGH OPTION
EMPLOYEE PREMIUM Current Proposed Current Proposed
Employee $5.49 $5.29 $13.46 $13.96
Employee + one $14.19 $14.75 $27.70 $29.45
Employee + 2 or more $31.50 $33.58 $50.41 $54.16
.Medical: The currant QualChoice medical plan is considered better than what is offered in the market place. As medical costs,
and particularly prescription costs, are projected to rise over 10% each year, the Health Care Executive Committee is
recommending a change in the employee benefit design. These changes will provide a plan more in line with the marketplace
while providing a comprehensive benefit. There are three changes recommended:
AGENDA TITLE:
Health/Dental Insurance Contract for FY 2000-2001
July 5, 2000
Page 2
(1) add oral contraceptives as a covered benefit,
(2) increase the office visit co-pay from $10 to $15, and
(3) change our 2-tier prescription benefit to a 3-tier benefit ($8 generic, $18 moderate-cost name brand and $33
high-cost name brand)
The Health Care Executive Committee has recommended that the health care contract for 2000-2001 be renewed with
QualChoice of Virginia with no change in the rateS to be paid by the employee. The rates would be as follows:
EMPLOYEE PREMIUM QC II QC III QC III QC III POS POS
Current Proposed Current Proposed Current Proposed
Premium Premium Premium Premium Premium Premium
ACTIVE EMPLOYEE
Employee $78 $78 $35 $35 $10 $10
Employee + minor $169 $169 $87 $87 $36 $36
Employee + spouse $413 $413 $272 $272 $145 $145
Employee + family $497 $497 $339 $339 $192 $192
This recommendation includes a provision to continue the QC II and QC III plans only for current employees. This
recommendation contemplates a Board of Supervisors contribution of $2,735 per full-time employee.
00.137
MEMORANDUM
To:
Robert W. Tucker, Jr., County Executive
Kevin C. Castner, Superintendent
From: HealthCare Executive Committee
RE: 2000-2001 Medical and Dental Care Programs
Date: June 1, 2000
The County's HealthCare Executive Committee has completed a review of our medical and dental
plans for 2000-2001. The focus of our review has been to strive to offer employees medical and
dental plans that provide quality health care in a cost effective manner. This memorandum outlines
the current status of our medical and dental plans and the Committee's recommendations for these
programs for 2000-2001.
Background:
Medical Plan: QualChoice of Virginia has offered a thrcctiered medical plan for the past four years.
Specifically, QualChoice II and QualChoice III and their managed care plan called Triple Option
Point-Of-Service. Enrollments have continued to shift to the Point-of-Service plan primarily due
closing the QualChoice !1 and III plans to new enrollees.
QualChoice Enrollment
Point-Of- Service 2331 (99.4%)
QualChoice II 2 (0.1%)
QualChoice III 11 (0.5%)
Total 2344
Our medical plan is self-insured. To protect the plan against a single large claim the County
continues to purchase reinsurance, referred to as Specific Stop Loss reinsurance. This type
reinsurance limits our liability for a single claim to $100,000 (Specific Stop Loss).
Our actual claims and administrative costs have increased each plan-year but the 'rate-of-increase'
has been relatively stable.
1 = Year 2"= Year 3"= Year 4~" Year 5~" Year
(96-97) (97-98) (98-99) (99-00)** (00-01)**
Claims + Admin. $6,042,585 $6,635,784 $7,382,229 $8,185,960 $9,368,623
Rate of Increase -- 9.8% 10.1% 10.8% 10.8%
Board Contribution $145 $166.67 $203.75 $217.33 $230.00
Employee Premium:
Single coverage $0 $10 $0 $10 $10
Family coverage $135 $165 $177 $192 $192
** Claims+Administration costs are projections
The cost of medical insurance continues to increase 9-10% each year. White ~rescriptions comprise
only 16.5% of our total medical claims these costs are increasing at 15-20%. These increases
directly impact the medical plan, necessitating at least one, or a combination of four, courses of
action: (1) changing the benefit design of the plan, and/or (2) increasing Board funding, and/or (3)
increasing employee premiums, and/or (4) drawing down on the plan reserves. In the past four
years we have used all these strategies in developing our medical and dental programs. Last fall
we projected a 15% increase in costs for 2000-2001 to be funded through an increase in the Board
contribution from $2,608 to $3,035 per year for a full-time employee. The actual increase to fully fund
our current plan design is 10.8%, or 4.2% less than we had projected. The adopted budget for 2000-
2001 reduced the budgeted Board contribution from $3,035 to $2,735.
Dental Plan: Claims-to-date have been within expectations but cost increases are projected for next
year. In anticipation of a rate increase for 2000-2001, the Board's budgeted an increase in their
contribution from $84 to $97. Delta Dental's renewal reflects an 8.8% increase
Financial Status of the Medical Plan: The committee continues to recommend a goal of
maintaining a 20-25% reserve. Based on projected total medical plan costs for next year (through
September 30, 2001) of $9,368,623, reserves should be maintained between $1.8 - 2.3 million.
Medical reserves are projected to be $2,093,688 at the end of this plan-year (September 30, 2000).
The Executive Committee feels the use of medical reserves can be an appropriate strategy for
funding the medical plan but notes two cautions: one, not to drop below an acceptable reserve level
and two, the use of reserves is 'one-time' monies and if plan costs continue to increase the following
year the only alternatives are some combination of increasing Board contributions, or increasing
employee premiums, or reducing the benefit coverage.
2000-2001 Renewal Process: The Healthcare Executive Committee has worked with Mr. Tom
Mackay and other staff of Slabaugh Morgan White Associates in developing the proposal for next
year. The committee focused on developing a competitive benefit design for both medical and
dental while holding any employee premium increases to an acceptable level.
The committee considered the following alternatives in QualChoice for the 2000-2001 plan-year:
, Current . Alternative 1 Altemative 2 ~'~, ,,.,~ ~-.,~..~.~,~.~:, ~.'~ Alternative 4
Options i Plan i : Recom~nd~
Board Contribution :$2,608 : $2,735 $2,735 i~i~iii-:i!,: ,$2~3~ $2,735
Employee Monthly i
Premium Increase ~ No increase No increase ii~i'.~:N~;.~~'~:~ No increase
Raise off*~e visit CO,pay : _ : $139,162 ~~2~ $139,162
from $10 to $15 ' ' savings Not used
Implement 3-tier Rx : : Not used $214,611
program i i savings ,!~ ~;~:~8a~n~ savings
Include oral , : $109,820 $109,820 !?!i i $! 09!8~i~ [ $109,820
contracePtives i '- : additional costs additional costs ~additio~al~ ~ additional costs
~ i
Increase inpatient , ,
Deductible from .... Not used Not used
$100 to $300 : : ~' ..... '~ '~ '~'~'''?~'~' ~:;'~ ~ ..... savings
Use medtcal reserves ' None : None None ';~;~'~'~i~~ None
Net savings : -- : $29,~2 $104,791 :::; :: i :: $243i953~ ~i: $311,953
The Executive Committee is recommending Alternative #3. This altemative maintains employee
premiums the same as the current year and provides a plan design more aligned with the
competitive market.
HealthCare Executive Committee Recommendations for the 2000-2001 Medical Plan:
1. Award: OualChoice of Virginia.
2. Fundino: Retain a self-insured plan, continue to purchase Specific Stop-Loss reinsurance.
3. Reserve: Use no medical reserves.
4. Number Of Plan(s): Retain the 3-tier medical plan. Continue to only offer the Point-Of-Service
plan to new enrollees.
5, Retirees: Continue to set retiree premiums the same as for active employee. Continue to
monitor retiree claims costs for any adverse impacts.
6, Plan design:
a. Implement a 3-tier prescription program at $8 generic, $18 moderate-cost name brand,
and $33 high-cost name brand to replace the current 2-tier at $6 generic and $18 name
brand.
b. Add oral contraceptives as a covered benefit.
c. Increase the office visit co-pay from $10 to $15.
5. Rates:
a. Set the Board contribution at $2,735 for the fiscal year for each full-time employee (this
is the amount in the adopted budget);
b. No change in employee premiums. The proposed rates for all three plans are shown
In Appendix 1.
HealthCare Executive Committee Recommendations for the 2000-2001 Dental Plan:
1. Award: Delta Dental of Virginia.
2. Funding: Retain a fully insured plan.
3. Reserve: No offset required from the medical reserves.
4. Plan: Continue offering both the BASIC OPTION and the HIGH OPTION.
5. Retirees: Continue to set retiree premiums the same as for active employee.
6. Rates:
a. Set the Board contribution at $97 for the fiscal year for each full-time employee ( this
is the amount in the adopted budget).
b. The proposed rates are shown in Appendix 2.
Attachments
Appendix 1 Proposed 2000-2001 Medical Plan Premiums
Appendix 2 Proposed 2000-2001 Dental Plan Premiums
HealthCare Executive Committee:
Roxanne VVhite Melvin Breeden
Frank Morgan Michael Thompson
William Brent (ACSA) John Isom (Regional Jail)
Robert BrandenburgerJoe Johnson (CATEC)
Slabaugh Morgan VVhite Associates: Tom Mackay, Principal
Submitted by:
Robert B. Brandenburger
Appendix I
ALBEMARLE COUNTY 2000-2001 MEDICAL INSURANCE PLANS
RECOMMENDED PLANS AND PREMIUMS
The Executive Committee is recommending continuing the three medical plans for 2000-2001.
The three plans are QualChoice II, QualChoice III and QualChoice Point-Of-Service Tdple
OPtion.
The following table reflects the recommended out-of-pocket premium each full-time active
employee will pay based on the Board's contribution of $2,735 per fiscal year (or $2,760 for
the plan,year from October through September). Retirees pay the full premium.
2000'2001 Plan-Year (October 1, 2000 to September 30, 2001)
QC II QC II QC III QC III POS POS
EMPLOYEE Current Proposed Current Proposed Current Proposed
PREMIUM Premium Premium Premium Premium Premium Premium
ACTIVE
Employee $78 $78 $35 $35 $10 $10
Employee + minor $169 $169 $87 $87 $36 $36
Employee + spouse $413 $413 $272 $272 $145 $145
Employee + family $497 $497 $339 $339 $192 $192
RETIREES
Employee $281.75 $308.00 $223.75 $265.00 $213.75 $240.00
Employee + minor $372.75 $399.00 $290.75 $317.00 $239.75 $266.00
Employee + spouse $616.75 $643.00 $475.75 $502.00 $348.75 $375.00
Employee + family $700.75 $727.00 $542.75 $569.00 $395.75 $422.00
Appendix 2
ALBEMARLE COUNTY 2000-2001 DENTAL INSURANCE PLAN
RECOMMENDED PLAN AND PREMIUMS
The Executive Committee is recommending continuing two options for 2000-2001, the Basic Option
and a High Option with Deltal Dental of Virginia.
The following table reflects the recommended out-of-pocket premium each full-time active
employee will pay based on the Board's contribution of $94.83 per fiscal year (or $97 for the
plan-year from October through September). Retirees pay the full premium.
2000-2001 Plan-Year (October 1, 2000 to September 30, 2001)
BASIC BASIC HIGH HIGH
EMPLOYEE PREMIUM Current Proposed Current Proposed
Premium Premium Premium Premium
ACTIVE
Employee $5.49 $5.29 $13.46 $13.96
Employee + one $14.19 $14.75 $27.70 $29.45
Employee + two or more $31.50 $33.58 $50.41 $54.16
RETIREES
Employee $12.49 $13.59 $20.46 $22.26
Employee + one $21.19 $23.05 $34.70 $37.75
Employee + two or more $38.50 $41.88 $57.41 $62.46
ALBEMARLE COUNTY PUBLIC SCHOOLS
Office of the School Board
401 McIntire Road
Charlottesville, Virginia 22902-4596
June 14, 2000
Robert Tucker, County Executive
Albemarle County Office Building
401 Mclntire Road
Charlottesville, VA 22902
Dear Bob:
At its meeting on June 12, 2000, the Albemarle County School Board approved the
enclosed Health/Dental Insurance Contract for FY 2000-2001 as recommended by staff.
It is my understanding that the Board of Supervisors will also receive the contract in the
near future.
If additional information is needed, please call Dr. Frank Morgan, 296-5877, for
assistance.
Sincerely,
Susan C. Gallion
Vice-Chairman
Cc:
Charles M. Ward, Chairman
Kevin C. Castner, Superintendent
Ella Carey, Clerk, Board of Supervisors
"We Expect Success"
Subject: Health/Dental Insurance
Contract for FY 2000-2001
Policy Reference: DB
Date: June 12, 2000
Enclosures: 1
Reason for Consideration:
Action X Information
BACKGROUND:
Enclosure 1 presents a memo from the Health Care Executive Committee to the
County Executive and Superintendent which outlines the current year's process and
recommendations for Health and Dental Insurance. The procurement process this
year focused on a renewal with both our current providers, QualChoice and Delta
Dental. The focus of the renewal was to develop a competitive benefit design based
on the market place while providing quality programs.
DISCUSSION:
In the analysis of the renewal proposals the rates paid to Delta Dental will increase.
Since the Board contribution for dental has increased from $84 to $97 compared to
1999-2000 the proposed employee rates have minimal changes compared to 1999-
2000. The cost to maintain our current medical plan is' projected to rise 10.8%. Last
fall we budgeted based on a 15% increase by funding the increase through a higher
Board contribution.. This projection was revised to 10.8% in April. The Board
contribution for.medical increased from $2,608 to $2,735 compared to 1999-2000.
The rates for emplOyees is proposed to remain the same as this year.
RECOMMENDATION:
Dental: The Health Care Executive Committee recommends for the 2000-2001
Dental Plan that the contract be renewed with Delta Dental of Virginia to retain a fully-
insured plan. No changes in the dental benefit design are recommended. The Board
contribution for the dental plan is budgeted at $97 annually for full-time employees
and the rates under this recommendation are as follows:
BAS'lC PLAN HIGH OPTION
EMPLOYEE Current Proposed Current Proposed
PREMIUM
Employee _ $5,49 $5..29 $13.46. $13.96
Employee + one $14.19 $14.75 $27.70 $29.45
EmplOyee + 2 or" " ":~"': ~ '~' ....., .r....
more .- $31.50 ' . $33.58 $50.41 .. $54.16 ,
Medical: The current medical plan is considered better than what is
offered in the market place. As medical costs, and particularly preScription costs, are
projected to rise over 10% each year, the Healthcare Executive Committee is
recommending changes in the benefit design...:These changes will provide a plan
more in line with the marketplace while providing a comprehensive program. There
are three changes recommended:
(1) add oral contraceptives as a covered benefit,
(2) increase the office visit co-pay from $10 to $15, and , .... ...... ~ ......
(3) change our 2-tier prescription benefit to a 3-tier benefit ($8 generic, $18
moderate-cost name brand and $33 high-cost name brand)
The Health Care Executive Committee has recommended that.the health care
contract for 2000-2001 be renewed with QualChoice of Virginia with no change in the
rates to be paid by the employee. The rates Would be as follows:
PREMIUM ' Current Proposed Current. PropoSed' i' ' CUrrent Proposed
Premium. Premium Premium Premium"', Premium Premium
EMPLOYEE
Employee $78 $78 $35 $35 $10 $10
Employee + minor $169 $169 $87 ~ $87 ! $36 ' $36
Employee + spouse $413 '$413 $272 $272 $145 $145
Employee+ family' '$497 .... ', $497 $339 $339'' ''~ $192 $192
This recommendation cont~mplates,a Board contribution of $2,735 per full-time
Recommended:
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Stream Buffer Easement at Rosewood Village
SUBJECT/PROPOSAL/REQUEST:
Authorize County ExecUtive to sign Declaration of Covenants
and Deed of Easement at Rosewood Village, adjacent to
Branchlands Pond.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kelsey, Hirschman
BACKGROUND:
AGENDA DATE:
July 5, 2000
ACTI O N:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS: Declaration of Covenants Dee f Easement
REVIEWED BY: j~.~r/~
The County accepted ownership of the Branchlands Pond and Wetland (corner of Greenbrier and Hillsdale Drive) in 1998 as
a regional stormwater facility. The pond was completely dredged and cleaned out in 1999 as a condition of the County
accepting ownership from private interests. The pond is a significant facility as an aesthetic and recreational presence in the
Branchlands and Brookmill communities, and as part of an integrated approach to protect Meadow Creek, which is a few
hundred feet downstream from the pond.
Private property immediately to the west of the pond, owned by Ms. Virginia Tahboub, has an approved site plan to develop
a retirement facility (Rosewood Village). During the development review process, staff was concerned about the protection
of a buffer zone between the development and the pond. The buffer zone was seen as important to protect the pond's water
quality functions and as an aesthetic buffer around the pond. Accordingly, staff worked with the owner to designate a voluntary
buffer adjacent to the pond as part of the site's stormwater management plan. The owner agreed to provide this buffer and
to dedicate an easement to the County.
DISCUSSION:
The Declaration of Covenants and Deed of Easement, developed by the owner's attorney and reviewed by the County
Attomey's Office, restricts the owner from disturbing the buffer except for specific items associated with the approved site plan.
The Covenants and Deed also conveys to the County an access easement for the purposes of maintaining and enhancing the
buffer and preserving its water quality function. As sUch, the buffer area can be incorporated into the County's maintenance
regime for the pond, which is currently handled through contract by the Public Works staff.
It should be understood that certain disturbances will occur in a section of the buffer during construction of the Rosewood
Village site. These include construction of a biofilter to treat the site's runoff, re-grading of the slope between the biofilter and
the pond, and the replacement of invasive vines with new, native landscaping. Existing large trees within the buffer will not
be disturbed. Staff believes that the disturbances will, in the end, produce a functional and more aesthetically pleasing buffer
area than the current condition.
RECOMMENDATION:
Authorize the County Executive to sign the Declaration of Covenants and Deed of Easement so that the instrument can be
recorded.
Buck & T s az, LTD.
ATTOa~¥S ^T LAW
FRANCIS L. Buck:
TERRY L. TERES~RZ
OF COUNSEL:
PATTI M, TERESKERZ
211 EAST HIGH STREET
CHARLOTTESVILLE, VIRGINIA 22902
May 24, 2000
PaO~E: 804-977-7977
FACSIMILE: 804-977-4847
bhtlaw@mindspring.com
Mr. David Hirschman
Dept. of Engineering
Albemarle County
401 McIntire Road
Charlottesville, VA 22902-4596
Rosewood Village, LC
Stream Buffer Zone
Dear Dave:
Enclosed is the Declaration of Covenants and Deed of
Easement from Rosewood Village, LC to the Board of Supervisors of
Albemarle County which has been revised as requested and executed
by the duly authorized person. I understand that you will submit
this to the Board of Supervisors for approval and then it will be
signed by a county executive so that it can be recorded.
If there are any questions or anything further that needs
to be done with regard to this, please let me know.
Thank you for your )eration.
Francis L. Buck
FLB/vae
Enclosure
cc: Mrs. Virginia Tahboub
Prepared by Buck & Tereskerz, Ltd.
DECL~I~ATION OF COVEN/~NTS AND
DEED OF F~SEMENT
THIS DECLARATION AND DEED OF EASEMENT made and entered
into this 22nd day of May, 2000, by and between ROSEWOOD VILLAGE,
L.C., hereinafter called the "Landowner", the Grantor, and the
BO/%RD OF SUPERVISORS OF ~LBEMARLE COUNTY VIRGINIA, hereinafter
called the "County", the Grantee, whose address is 401 McIntire
Road, Charlottesville, Virginia 22902.
W I T N E S S E T H:
WHEREAS, the Landowner is the owner of certain real
property (hereafter referred to as the "Property") described aS Tax
Map Sheet 61-W, Parcel 02-1 on the Albemarle County Tax Map and
also described in a deed recorded in the Clerk's Office of the
Circuit Court of Albemarle County in Deed Book 1775, Page 520, as
follows:
Ail that certain tract or parcel of land
situated on the eastern corner of Westfield
Road and Greenbrier Drive in the
Charlottesville Magisterial District of
Albemarle County, Virginia, containing 90,000
square feet as shown and described on plat of
B. Aubrey Huffman & Associates, Ltd. dated
August 9, 1984, recorded in the Clerk's Office
of the Circuit Court of Albemarle County in
Deed Book 816, Page 499.
WHEREAS, the Landowner is proceeding to build on and
develop the Property;
WHEREAS, the Landowner is exempted from the requirements
of §17-314 of the Albemarle County Code pursuant to §17-314F6
provided that the Landowner agrees to provide a stream buffer; and
WHEREAS, the County desires an easement of access in
order to maintain the stream buffer zone on the Property because it
abuts a stormwater detention facility managed and maintained by the
County.
NOW, THEREFORE, in consideration of the foregoing
premises, the mutual covenants contained herein, and the following
terms and conditions, the parties hereto agree as follows:
1. The Property shall be subject to a buffer zone
running from the broken line showing the "limits of stream buffer"
to the southeast boundary line of the Property as shown on the two
page sketch attached hereto and made a part hereof (herein referred
to as the "stream buffer zone").
2. Within the limits of the stream buffer zone the
Landowner shall not construct any structures or excavate or fill
the land except that the parking lot and bio filter as shown on the
site plan approved by the County on May 5, 2000 (SDP98-106) can be
constructed in the stream buffer zone, and such excavation, fill,
grading and construction for the parking lot, bio filter, related
landscaping and erosion control measures as shown on the approved
site plan may take place within the stream buffer zone insofar as
may be necessary for their construction. Such construction
activities shall be conducted in such a manner so as to encroach as
little as reasonably necessary in the stream buffer zone.
3. The Landowner, its successors and assigns, shall
adequately maintain the parking lot so as not to cause any erosion
or degradation of the stream buffer zone beyond the confines of the
parking lot. The Landowner, its successors and assigns, shall
maintain the bio filter in accordance with the recorded stormwater
facilities/BMP maintenance agreement entered into by and between
the parties on January 25, 2000, and in a manner that does not
cause erosion or degradation within the stream buffer zone.
· 4. The Landowner, its successors and assigns shall
leave the stream buffer zone in a natural state (except for the
parking lot and bio filter encroachment and such activities
necessary for proper maintenance of the bio filter). This
restriction includes, but is not limited to, not removing or
cutting any trees or other vegetation or engaging in any land
disturbing activities within the stream buffer zone without the
prior written consent of the County Department of Engineering and
Public Works.
5. The Landlord GRANTS and CONVEYS, and DEDICATES to
PUBLIC USE with GENERAL WARRANTY of TITLE to the County an easement
of access in the stream buffer zone. The easement granted hereby
shall consist of the right of the County and its employees and
agents to maintain the landscaping and vegetation, add new
landscaping, and provide other aesthetic, functional, and water
quality enhancements of the stream buffer zone at the County's
expense. The County agrees to confer with the Landowner prior to
making any final decision regarding any improvements and to try to
integrate such improvements into the existing or proposed
landscaping plan on the Property.
6. This Declaration and Deed of Easement shall be
recorded among the land records of Albemarle County, Virginia, and
shall constitute a covenant running with the land, and shall be
binding on the Landowner, its successors and assigns, and the
County.
7. The County, acting by and through its County
Executive, duly authorized bythe Board of Supervisors of Albemarle
County, does hereby accept the conveyance of interest in real
estate made by this Declaration and Deed of Easement.
WITNESS the following signatures and seals:
COMMONWEALTH OF VIRGINIA
ROSEWOOD VILLAGE, L.C.
Its:Managing Member
, to-wit:
The foregoing agreement was acknowledged before me this
day of May, 2000, by Virginia Tahboub, Managing Member of
Rosewood Village, L.C.
My Commission Expires:
Notary Public
Ty~ Name
Type ' .e
COMMONWEALTH OF VIRGINIA
, to-wit:
The foregoing agreement was acknowledged before me this
~, ~~ ~ 7~c~z~, ~ , the
/~ day o f 2 0 0 0, by .
~u~ ~7~c~ ,of Albemarle~.
~ ~Notary Pub~ip ~
My Co~ission Expires: ~0{ ~t ~0'~1 ~
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia
("Authority"), has considered the application of Fore Woods Edge, L.L.L.P., a Virginia
registered limited liability limited partnership ("Borrower") requesting the issuance of the
Authority's revenue bonds in an amount not to exceed $5,250,000 ("Bonds") to assist in the
financing of the Borrower's acquisition, construction and equipping of a rental housing
development for the elderly consisting of approximately 74,600 square feet ("Project") to be
located adjacent to and north of Mallside Forest Apartments, whose address is Mallside Forest
Court, in the County of Albemarle, Virginia, and has held a public hearing on June 29, 2000;
WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the issuer of private
activity bonds and over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance' of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle,
Virginia ("County"); the Project is to be located in the County and the Board of Supervisors of
the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of
the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the
Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF.
THE COUNTY OF ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of
the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing
of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations
Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date
of its adoption.
4. The Board directs the County Executive to request an allocatiOn of the State
Ceiling (as defined in Section 15.2-5000 of the Code of Virginia of 1950, as amended) in
accordance with the applicable provisions of the Code of Virginia of 1950, as amended, and any
regulations or executive orders issued thereunder.
5. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 5 eh
of July, 2000.
[SEAL]
~~r~v~rfgiSn~PaerVisors o~ounty of
day
-2-
At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia,
held on the 5th day of July, 2000, the following Board members were recorded as present:
PRESENT: Mr. David P. Bowerman, Ms. Charlotte Y. Humphr-is, Mr. Lindsay G. Dorrier,
Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
On motion by Ms. Thomas ~ seconded by
Ms. Humphris , the attached Resolution was adopted by a majority of the
members of the Board by a roll call vote, the votes being recorded as follows:
MEMBER VOTE
Mr. Bowe rman Aye
Ms. Humphris Aye
Mr. Dorrier Aye
Mr. Martin Aye
Mr. Perkins Aye
Ms. Thomas Aye
David R Bowerman
Lindsay G. Donter, Jr.
Charlotte Y. Humphris
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, V~rginia 22902-4596
(804) 296-584,3 FAX (804) 296-5800
Chades S. Martin
Walter E Pefl~ins
Sally H. Thomas
Samuel ~
j~y 14,2000
Mr. Gordon Walker
lefferson Area Board for Aging, Inc.
674 Hillsdale Drive, Suite 9
Charlottesville, VA 22901
Dear Mr. Walker:
. At its meeting on July 5, 2000, the Board of Supervisors adopted the attached
resolution approving the issuance of .up to $5,250,000 of revenue bonds by the
Industrial Development Authority of Albemarle County to finance the Woods Edge
Apartment complex for the elderly. Also be advised that the Board indicated its support
for a $320,000 grant subject to an agreement with JABA. The grant would be used for
the purposes outlined in the attached executive summary and subject to annual
appropriation.
/EWC
Sincerely,
'Eil~V¢. Carey, CMC, C~
Enclosures
CC:
Roxanne White
Lori Spencer
Bob Tucker
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN DA TITLE:
Funding requests from Fore Woods Edge L.L.L.P for Woods
Edge Apartments
SU BJ ECT/PROPOSAL/REQUEST:
Request from Fore Woods Edge L.L.L.P., a Virginia
registered limited liability limited partnership, for IDA bond
authority and for a $320,000 grant to assist the affordability
of Woods Edge Apartment complex for the elderly
STAFF CONTACT(S):
Tucker, White, Spencer
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACH M E NTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
IN FORMATION:
INFORMATION:
Yes
For over a year, Fore Property Company and Jefferson Board of Aging (JABA) has sought approval from the Virginia
Department of Housing Development Administration (VHDA) for federal tax credits to build a 96-unit apartment complex
for the elderly called Woods Edge Apartments. The proposed project, in one three story elevated building, will be located
near Mallside Forest, a project also developed by the Fore Property Company. Woods Edge's common areas will include
community/meeting/activities rooms, a residents' garden area and landscaped grounds. The community will be designed
for seniors, with senior services and activities available, including those provided by JABA.
In March 1999, Fore Woods Edge L.L.L.P., a limited partnership, (Fore Woods Edge) working with JABA as the minority
general partner submitted a proposal to VHDA but the project did not obtain the needed points to qualify for VHDA
financing. In March 2000, this partnership submitted a second proposal to VHDA for tax credits for this proposed 96
apartment complex, In order to obtain beneficial points on their VHDA application, the County passed a resolution on March
15, 2000, committing $320,000 to the project which would be paid out in eight annual installments beginning in FY 2002.
While Fore Woods Edge anticipated that this proposal would be strengthened significantly by the County's grant, the
proposal did not attain the point distribution that was needed to qualify for VHDA financing. This was primarily due to
VHDA's recent changes in its internal scoring system and selection process, which reflects its staffs' preference for
rehabilitation projects over new construction and elderly developments. (See attached letter dated May 30, 2000).
To move the project forward, Fore Woods Edge has decided to pursue an alternative funding option. The partnership has
determined that there is a reasonable opportunity to obtain the necessary financing by seeking an allocation of bond
aUthority from the Commonwealth of Virginia to the Industrial Development Authority of Albemarle County.
Accordingly, Fore Woods Edge requested an Inducement Resolution for bond authority funding from the Industrial
Development Authority (IDA). In addition, Fore Woods Edge requests that the $320,000 grant for this project approved by
the Board on March 15, 2000 now be made available to the project to increase the affordability of Woods Edge Apartments
for a number of elderly households.
DISCUSSION:
After a public hearing on June 29, 2000, the IDA adopted the Inducement Resolution to approve the proposed issuance
of the tax-exempt bonds. If the Commonwealth of Virginia allocates the requested bond authority to the IDA, this action
should automatically qualify the Woods Edge project for tax credits, but these credits will have a much lesser value than
those which would have been provided with VHDA approval of the recent application. Therefore, under this new funding
scenario, the project would have an increased debt to equity ratio, which will require a higher income stream to service the
debt. This will cause monthly rents to increase by about $100 to $125 per month over the rents that were projected
Previously for the VHDA approach; the apartments will now be available to elderly households whose incomes are 60%
(rather than 50%) of area median income or lower.
AGENDA TITLE:
Funding Request-
March 1, 2000
Page 2
Fore Woods Edge L.L.L.P for Woods Edge Apartments
Because of this, continuation of the grant funding in the amount of $320,000 from the County is even more important to the
affordability of these units. The grant funds would be used by Woods Edge to reduce the rent directly paid by elderly
residents whose household income is at 50% or lower of the area median income for 30 of the development's 96 resident
apartments for a period of eight years. Property rents ( which includes all gas heat, water, sewer and trash collection
expenses) would currently be from the Iow $600's for one bedroom units to the Iow $700's for two bedroom units. The grant
would reduce the amount paid directly by the 30 eligible households from $107- $127 per month.
JABA believes there are large numbers of lower income elderly locally who need and can afford these apartments. Given
the new construction, amenities and services provided, JABA thinks Woods Edge will offer significant rent values. The
grant would make the complex an even more valuable asset for Albemarle County.
The grant, comprising eight consecutive installments of $40,000, would be subject to the County's annual appropriation
process and payments would begin in FY 2002. The grant will be contingent upon Fore Woods Edge receiving an allocation
of bond authority for Woods Edge Apartments through the Industrial Development Authority of Albemarle County and the
accompanying allocation of housing tax credits prior to February 1,2001.
Fore Woods Edge L.L.C, the majority and managing partner, has committed to sell the development to JABA at the end
of the 15-year tax credit pursuant to an option or right of first refusal. The price will not exceed the outstanding debt and
exit taxes of the for-profit entity at the time of the sale.
RECOMMENDATION:
Staff continues to support Fore Woods Edge's proposed project, as it will help meet the housing needs and priorities of
Albemarle County by providing new affordable housing and important related services for eldedy residents. Staff recommends
that the Board:
1. Adopt the attached Resolution approving the issuance of up to $5,250,000 of revenue bonds by the Industrial
Development Authority of Albemarle County to finance the Woods Edge apartment complex for the elderly.
Support a grant up to $320,000 over an eight year period to JABA to be used exclusively to support the
affordability of Woods Edge apartments by reducing the amount of rent paid by 30 elderly households whose
incomes are 50% below median income. The funding is subject to a separate agreement with JABA which
assures that the funding is used for the program outlined in this report.
00,139
Fore Property Company
Nags Head
119 Wood Hill Drive, Suite 8
Nags Head, NC 27959
252.441.9252 telephone
252.441.5606 facsimile
May 30, 2000
COUNTY OF ALBE~RLI~
EXECUTIVE OFFICE
Mr. Robert W. Tucker, Jr., AICP
County Executive
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Mr. Tucker:
I want to give a summary on the status of the Woods Edge proposed new
construction elderly community for Albemarle County senior citizens. The initial
rankings placed Woods Edge fifth in the Small Metropolitan Statistical Area pool,
two positions away from a score that would have resulted in funding for the
property. We had always indicated that competition would be stiff. That is why
we aggressively sought Albemarle County approval for our plans and why we
sought a funding commitment from the local government. We want to thank the
government officials, the Jefferson Area Board for Aging, and all Albemarle
County groups and citizens that helped us realize our joint objectives of serving
the region's seniors and enhancing our score.
Unfortunately, things happened to the selection process over which we as sponsors
had no control. We had reported earlier about VHDA efforts to create an
advantage for rehabilitation of existing properties already in the affordable housing
portfolio. We engaged an advocate consultant who successfully thwarted that effort
as overt policy as contained in the Qualified Allocation Plan. VHDA subsequently,
without public comment .or review, implemented that goal through changes to a
chart that measures relative unit size, cost and tax credit utilization from project
to project. The impact of this change proved to be greater than we had feared.
The changed values in the chart caused Woods Edge to score 31 points less than
would have been available to us in 1999 (effectively undoing all the hard work
we have expended _oval: the last year). An average rehab project gained 20 to 30
points under the same system. The differences in these scores are absolutely
passive and artificial; that is, the quality and value of the Woods Edge proposal
has not diminished nor have any of the rehab properties improved their proposals.
The 50 to 60-point spread was created purely by the numerical template to
evaluate the different properties.
We are continuing to analyze the preliminary results of the rankings. We have
found certain scoring for other properties that are subject to challenge. On our
own score sheet, we plan to sternly disagree with their disallowance of points for
Washington, DC · Richmond, VA · Lexington, KY · Nags Head, NC · Reno, NV · Westlake Village. CA
the generous grant approved by Albemarle County for servicing a tenant base
lower than program. They perversely construed the Virginia's constitutional
restraint against multiple year appropriation commitments by municipal entities
such as Albemarle County as evidence of a lack of financial commitment by the
County to Woods Edge. Despite the merit of our appeals, we feel that it will be
difficult to overcome 50 to 60 points of bias now built into the system. It is
time to explore alternatives that will allow the property to proceed regardless of
the VHDA decision making process.
We propose proceeding along a path for obtaining financing similar to that
process which successfully resulted in the Mallside Forest property. Each year the
Virginia Small Business Finance Authority allocates $50 million in bond authority
to local issuers to finance affordable housing properties. Under current regulations,
that authority is awarded on a first come, first serve basis. The authority has been
completely allocated for year 2000, but some projects have yet to close. Should
they not close within 90 days of receiving the authority, the authority will be
returned and reallocated to another property standing in line. Even should
authority not be returned to fund Woods Edge in 2000, we can get in line for
year 2001 authority when it becomes available in January of next year.
The benefit of this process is that a simple determination by the municipality and
an issuing agency to proceed can reserve this resource at a future date. We
would no longer be subject to the prejudices of a bureaucracy whose policy and
internal agenda do not match those of Albemarle County. We must act quickly to
pursue this alternative. Sponsors of other new construction affordable housing
properties have received the same shocking results that we have in seeing the
initial evaluations of their tax credit proposals. They will be seeking alternatives
for their properties. We need to act quickly thereby capitalizing on the
outstanding support that we have received to date from the Albemarle County
government.
An application to the Virginia Small Business Finance Authority can be swiftly
assembled but requires municipal and issuer approvals. In general two
simultaneous actions are required. Federal law requires that Albemarle County
advertise and hold a public hearing at which, hopefully, the Board of Supervisors
will agree to allow an issuing agency to induce and ultimately issue the bonds.
At the same time, the controlling board of the issuer agrees to induce the bonds
under its deliberative rules. Once both agreements have been obtained, the record
of such agreements can be packaged with the minimal application that the
Virginia Small Business Finance Authority requires along with financial
commitments to purchase the bonds. We can obtain the requisite financial
commitments within a week. The critical path is quickly embarking on and
completing the municipal and issuer approval process.
When we financed Mallside Forest, the Harfisonburg Redevelopment and Housing
Authority issued the bonds. This time we would like to encourage that Albemarle
County issuer to participate if they are able to perform the role of a multifamily
housing issuer. We feel a local issuer would share with the Board of Supervisors
the urgency for completing the process and would be better at dovetailing their
process with the County process. If such an issuer could not be obtained we
could retreat to using Harrisonburg as an issuer of convenience.
Albemarle County and all the parties involved in the previous proposal must
understand that a tax exempt bond project has a very different financial creature
than that described in the tax credit application submitted in March. The proposal
for tax credits sought participation in what is known as the "nine percent" tax
credit program. Tax law separates the total cost of a project into eligible and
ineligible costs (for Woods Edge as a nine-percent community almost 85 percent
of the total costs of building the property would have been eligible costs). Of the
85 percent of the qualified cost, approximately 90 percent of the expenditures are
recovered over ten years as tax credits. The tax credits are sold to private
investors that provide the equity necessary for the property to go forward.
Tax exempt bonds automatically would qualify Woods Edge for tax credits but at
a lesser level. In a bond transaction, forty percent of eligible costs are returned to
the development in the form of tax credits which, in turn, creates equity for the
property (albeit, a significantly smaller amount of equity). As proposed in our
March application as a nine-percent project, Woods Edge would have had 43
percent of its total cost supported by loans and 57 percent provided by equity
investors. That large equity investment (which did not require monthly payments)
allowed us to serve the whole project at the 50 percent of median income level
(with lower levels being served via the funds that Albemarle County provided).
As a bond finance property with four percent tax credits, 61 percent of the total
cost will be bond debt, 26 percent of the total cost will be supported by the sale
of tax credits, and the developer will contribute 13 percent in the form of
deferred fees. The ability to serve lower level of income seniors attracted us to
the nine percent route rather than the bond alternative in our initial proposal.
The increased debt to equity ratio requires a higher income stream to service the
debt. That, in turn, requires higher rent levels with the consequence of needing to
serve a client base at the 60 percent of median income level rather than at the
50 percent as proposed in the application of March. Property rents (which
include all heat, water and sewer, and trash collection expense) at that median
income level would be $610 for the one-bedroom apartments and $730 for the
two-bedroom apartments. Obviously, we would pursue alternatives that would
allow us to serve at lower levels of income and rents. We could approach
Albemarle County for a renewal of its grant commitment, some property tax
relief, other loan and grant monies, or tap fee waivers.
The Albemarle County team can pursue alternatives to serve lower levels of
income on a more expanded schedule. The 60 percent of median income proposal
with tax-exempt bonds stands alone as a feasible financial entity. We can improve
the package over time but, if the County will support the bond alternative, we
will have a basis for housing local seniors that is economically sound, is an
attractive product at a prime location, and with the Jefferson Area Board for
Aging providing the same excellent services for Woods Edge residents as it does
throughout the area. The Jefferson Area Board for the Aging has expressed
confidence that they can find residents at the 60 percent level that can benefit
from housing and services in a fully handicapped accessible Woods Edge
community that can not be affordably obtained otherwise in Albemarle County.
The key element in securing the financial linchpin, the tax exempt bonds, is
speed. We must get in line for the bonds quickly to achieve our goals. As we
have demonstrated with our March application, Fore ~Property Company is
prepared to devote time and personnel required to help us achieve our mutual
goals. Please advise me as to the proper forum for expediting this process.
Sincerely,
Hunter C. Bourne III
Vice President
Fred G. Karem
Vice President
CC Roxanne White
Gordon Walker
4
June 29, 2000
Clerk, Board of Supervisors of
Albemarle County, Virginia
401 Mclntire Road
Charlottesville, Virginia 22902
Industrial Development Authority
of Albemarle County, Virginia
Proposed Financing for Fore Woods Edge L.L.L.P.
Fore Woods Edge L.L.L.P., a Virginia registered limited liability limited partnership
("Borrower") has requested that the Industrial Development Authority of Albemarle County,
Virginia ("Authority"), assist the Borrower in financing the acquisition, construction and
equipping of a rental housing development for the elderly to be known as Woods Edge
Apartments (the "Project") in the County of Albemarle, Virginia, by the issuance of its revenue
bonds in an amount not to exceed $5,250,000.00 (the "Bonds").
As set forth in the resolution of the Authority attached hereto ("Resolution"), the
Authority has agreed to issue its Bonds as requested. The Authority has conducted a public
hearing on the proposed fmancing of the Project and has recommended that you approve the
issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as
amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the
action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia
Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your
approval.
of Al~S~c r e~~Sotu~tS,D ~iVr~ lgi°nPi a~nff/Auth°rity
CERTIFICATE
The undersigned Secretary of the Industrial Development Authority of Albemarle
County, Virginia ("Authority") certifies as follows:
1. A meeting of the Authority was duly called and held on June 29, 2000, at 2:00
p.m. in Room 131 at 401 Mclntire Road, in Charlottesville, Virginia, pursuant to proper notice ·
given to each Director of the Authority before such meeting. The meeting was open to the
public. The time of the meeting and the place at which the meeting was held provided a
reasonable opportunity for persons of differing views to appear and be heard.
2. The Chairman announced the commencement of a public hearing on 'the
application of Fore Woods Edge L.L.L.P. and that a notice of the hearing was published once a
week for two successive weeks in a newspaper having general circulation in the County of
Albemarle, Virginia ("Notice"), with the second publication appearing not less than seven days
nor more than twenty-one days prior to the hearing date. A copy of the Notice has been fried
with the minutes of the Authority and is attached as Exhibit A.
3. A summary of the statements made at the public hearing is attached as Exhibit B.
4. Attached as Exhibk C is a true, correct and complete copy of a resolution
("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at
such meeting. The Resolution constitutes all formal action taken b~ the Authority at such
meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,
revoked, rescinded or amended and is in full force and effect on this date.
WITNESS my hand and the seal of the Authority, this 2 ~' day of June, 2000.
SecrSt~, ifi~-~t~ia~ev el 6 p~orit y
of Albemarle/County, Virginia
[SEAL]
Exhibits: A - Copy of Certified Notice
B - Summary of Statements
C - Inducement Resolution
-2-
EXHIBIT A
The Daily Progress
P,O. BOX 9030'
CHARLOTTESVILLE, VA 22906
TELEPHONE: (804)978-7210
CERTIFICATE OF PUBLICATION
[ HEREBY CERTIFY THAT THE ATTACHED NOTICE WAS PUBLISHED iN
THE DALLY PROGRESS, A NEWSPAPER IN CHARLOTTESVILLE. VIRGINIA,
AND APPEARED IN THE ISSUE(S) DATED June ]-~ ~, ~[.. 2000.
May . 2o00.
PUBLISHING FEE:
GIVEN UNOER: MY HANO THIS __3_0_ DAY OF ~
P~el
EXHIBIT B TO CERTIFICATE
Summary of Statements
Representatives of Fore Woods Edge L.L.L.P. and McGuire, Woods, Battle & Boothe
LLP appeared before the Authority to explain the proposed project and bond financing. No one
appeared in opposition to the proposed bond issue.
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ALBEMARLE COUNTY, VIRGINIA
AUTHORIZING THE ISSUANCE OF UP TO $5,250,000
REVENUE BONDS FOR THE PURPOSE OF
FINANCING A RENTAL HOUSING DEVELOPMENT FOR THE ELDERLY
TO BE LOCATED IN ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia, a
political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by the
Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of
1950, as amended ("Act"), to issue its revenue bonds for the purpose of inducing the location of
industrial and commercial facilities in Virginia and to promote the commerce, safety, health,
welfare, convenience or prosperity of citizens of Virginia;
WHEREAS, the Authority is further empowered by the Act to issue its revenue bonds for
facilities used primarily for single or multi-family residences provided the governing body of the
locality creating the Authority has not also activated a housing authority pursuant to Section 36-4
and 36-4.1 of the Code of Virginia of 1950, as amended;
WHEREAS, the Board of Supervisors of Albemarle County, Virginia, the governing
body which created the Authority, has not activated a housing authority;
WHEREAS, the Authority has received a request from Fore Woods Edge L.L.L.P., a
Virginia registered limited liability limited partnership ("Borrower"), requesting that the
Authority issue its revenue bonds to assist in financing the acquisition, construction and
equipping of a rental housing development for the elderly to be known as Woods Edge
Apartments ("Project") to be located in Albemarle County, Virginia;
WHEREAS, such assistance will induce the Borrower to locate the Project in Virginia
and benefit the inhabitants of Albemarle County and the Commonwealth of Virginia, either
through the increase of their commerce or through the promotion of their safety, health, welfare,
convenience or prosperity;
WHEREAS, preliminary plans for the Project have been described to the Authority and a
public hearing has been held as required by Section 147(0 of the Internal Revenue Code of 1986,
as amended, ("Code") and Section 15.2-4906 of the Act; and
WHEREAS, the Borrower has represented that the estimated cost of the acquisition,
construction and equipping of the Project and all expenses of issue will require an issue of
revenue bonds in the aggregate principal amount not to exceed $5,250,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA:
1. It is hereby found and determined that the acquisition, construction and
equipping of the Project will be in the public interest and will promote the commerce, safety,
health, welfare, convenience or prosperity of the Commonwealth of Virginia, Albemarle County,
and their citizens.
2. To induce the Borrower to locate the Project in the Commonwealth of Virginia,
and particularly in Albemarle County, the Authority hereby agrees to assist the Borrower in
financing the acquisition, construction and equipping of the Project by undertaking the issuance
of its revenue bonds in an amount not to exceed $5,250,000 upon terms and conditions mutually
agreeable to the Authority and the Borrower. The bonds will be issued pursuant to documents
satisfactory to the Authority. The bonds may be issued in one or more series at one time or from
time to time.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the acquisition, planning and construction of the Project, the Authority agrees
that the Borrower may proceed with plans for the Project, enter into contracts for land,
construction, materials and equipment for the Project, and take such other steps as it may deem
appropriate in connection with the Project, provided, however, that nothing in this resolution
shall be deemed to authorize the Borrower to obligate the Authority without its consent in each
instance to the payment of any moneys or the performance of any acts in connection with the
Project. The Authority agrees that the Borrower may be reimbursed from the proceeds of the
bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are
properly reimbursable under the Act and applicable federal laws.
4. At the request of the Borrower, the Authority approves Messrs. McGuire, Woods,
Battle & Boothe LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of
the bonds.
5. All costs and expenses in connection with the financing and the acquisition,
construction and equipping of the Project, including the fees and expenses of Bond Counsel and
Authority Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law,
from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that
all such expenses shall be paid by the Borrower and that the Authority shall have no
responsibility therefor.
6. In adopting this resolution the Authority intends to take "official action" toward
the issuance of the bonds and to evidence its "official intent" to reimburse from the proceeds of
the bonds any expenditures paid by the Borrower to finance the acquisition, planning and
construction of the Project before the issuance of the bonds, all within the meaning of regulations
issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related
sections of the Code.
7. The Authority recommends that the Board of Supervisors of Albemarle County,
Virginia, approve the issuance of the bonds.
8. No bonds may be issued pursuant to this resolution until such time (a) the
issuance of the bonds has been approved by the Board of Supervisors, (b) the bonds have
received an allocation of the State Ceiling (as defined in Section 15.2-5000 of the Code of
Virginia of 1950, as amended) in accordance with the applicable provisions of the Code of
-2-
Virginia of 1950, as amended, and any regulations or executive orders issued thereunder, and (c)
the final terms and details' of the bonds have been approved by subsequent resolution of the
Authority.
9. This resolution shall take effect immediately upon ks adoption.
-3-
CERTIFICATE
The undersigned Secretary of the Industrial Development Authority of Albemarle
County, Virginia ("Authority") certifies that the foregoing is a true, correct and complete copy of
a resolution adopted by a majority of the Directors of the Authority present and voting at a
meeting duly called and held on June 29, 2000, in accordance with law, and that such resolution
has not been repealed, revoked, rescinded or amended but is in full force and effect on this date.
2000.
WITNESS the following signature and seal of the Authority, this ,3~,/~ day of June,
~eeretai-y (~f the/I~d~s'tri~l'T)evelol~ent Authority
of Albemarle County, Virginia
[SEAL]
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: June 29, 2000
To the Board of Supervisors
of Albemarle County, Virginia
Applicant: FOP~E WOODS EDGE L.L.L.P.
Facility: Rental Housing Development for the Elderly
Maximum amount of financing sought.
$ 5,250,000.00
Estimated taxable value of the facility's real property
to be constructed in the municipality.
$ 4,726,000.00
o
Estimated real property tax per year using present tax
rates.
$ 36,000.00
Estimated personal property tax per year using
present tax rates.
$ 0.00
Estimated merchants' capital tax per year using
present tax rates.
$ 0.00
6. (a)
Estimated dollar value per year of goods that will be
purchased from Virginia companies within the
locality.
$ 77,000.00
(b)
Estimated dollar .value per year of goods that will be
purchased from non-Virginia companies within the
locality.
$ 0.00
(c)
Estimated dollar value per year of services that will
be purchased from Virginia companies within the
locality.
$ 84,000.00
(d)
Estimated dollar value per year of services that will
be purchased from non-Virginia companies within
the locality.
$ 21,000.00
Estimated number of regular employees on year
round basis.
2
Average annual salary per employee. $ 32,000.00
91~airman, Indu~stria'l'-Devel~e¥ Authority
./of~,~ Albemarle County, Virgtl~k,J
RESOLUTION
WHEREAS, the Commonwealth of Virginia, Department of Housing and
Community Development has issued an application to provide services under the
EMERGENCY HOME REPAIR PROGRAM; and
WHEREAS, assistance is needed to effectively and adequately address
the emergency home repair needs of Iow-income persons to be served by the
Albemarle Housing Improvement Program (AHIP) in the County of Albemarle,
Virginia; and
WHEREAS, an application under this program has been prepared; and
WHEREAS, AHIP agrees to provide emergency home repair services to
those in need in conformance with the regulations and guidelines of this State
program; and
WHEREAS, Jane Andrews can act on behalf of AHIP and will sign all
necessary documents required to complete the grant transaction; and
WHEREAS, a local dollar for dollar match is required under the program
and will be provided by AHIP;
NOW, THEREFORE, BE IT RESOLVED THAT the Albemarle County
Board of Supervisors hereby authorizes Jane Andrews, on behalf of AHIP, to
accept the grant and enter into a Grant Agreement with the Virginia Department
of Housing and Community Development and undertake any and all actions and
responsibilities in relation to such Agreement.
Signed and sealed this 5th day of July, 2000.
- Charles S.~. Martin
Chairman, Board of Supervisors
David P. Bowerman
Rio
Lind,say G. Dottier, ,Ir.
Charlotte Y. Humphris
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mdntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkins
White Hall
Sally H. Thomas
Samuel ~
july 14, 2000
Ms. Therea Tapscott
Executive Director
AHIP
409 C East Street
Charlottesville, VA 2290
Dear Ms. Tapscott:
At its meeting on July 5, 2000, the Board of Supervisors adopted the attached
resolution authorizing Jane Andrews to accept and enter into a grant agreement with
the Virginia Department of Housing and Community Development for an Emergency
Home Repair Program.
Sincerely, ///,--7
Ella ~/V. Carey, Clerk, C~MC ~
/ewc
Attachment
CC:
Roxanne White
Loft Spencer
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle Housing Improvement Program's (AHIP)
application for an Emergency Home Repair Program grant
from the Virginia Department of Housing and Community
Development
SU BJ ECT/PROPOSALIREQU EST:
STAFF CONTACT(S):
Tucker, White, Spencer
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
IN FORMATION:
The Albemarle Housing Improvement Program (AHIP) is a ~)rivate, non-profit organization that provides a comprehensive
range of housing programs for Iow and moderate income residents. AHIP has received a $6,844 grant from the Virginia
Department of Housing and Community Development to provide emergency home repair services to address emergency
home repairs of Iow-income residents of Albemarle County. The grant requires a dollar for dollar match which was approved
in the budget, and will be provided by AHIP. This grant and other funding sources enables AHIP to assist over 50 Iow to
moderate income county households each year.
DISCUSSION:
The grant program requires a resolution from the Albemarle County Board of Supervisors which authorizes AHIP to accept,
and enter into a grant agreement with the Virginia Department of Housing and Community Development.
RECOMMENDATION:
Staff recommends the Board of Supervisors authorize the Chairman, to sign the attached resolution which authorizes Jane
Andrews, Associate Director of AHIP, to accept, and enter into a Grant Agreement with the Virginia Department of Housing
and Community Development for an Emergency Home Repair Program.
00.140
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Pedestrian / Security Lighting
SUBJECT/PROPOSAL/REQUEST:
Request approval to provide lighting installation at the
intersection of Ricky Road and Middlesex Drive, and at the
intersection of Northfield and Rolling Roads.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Mawyer, Letteri, Muhlberger
AGENDA DATE:
July 5, 2000
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENT:
1. Map Showing Ricky Road Lighting Location
2. Map Showing Northfield Road Lighting Location
3. Roadway Lighting Policy (Eng, & Public Works. 1997)
4. Roadway Lighting Policy (B.O.S. 1983)
REVIEWED BY: ~ ~""~'"'"'"'"~
BACKGROUND: /
The 1983 Board of Supervisors Roadway Lighting Policy offers Board members, individuals, and groups the opportunity to
request new lighting. Ms. Francis Bibb, who lives at 1504 Ricky Road, requested the lighting project at Ricky Road. The Rio
District Supervisor initiated the Northfleld Road lighting project. All affected parties received a letter dated April 28, 2000;
containing a map illustrating each proposed lighting project. The original Ricky Road lighting plan proposed the installation
of two new lights and poles near the intersection of Ricky and Middlesex Roads. Two affected parties expressed opposition
to the plan. However, each of these parties was agreeable to installation of only one light at the intersection. There were no
responses to the letter regarding the Northfield Road lighting project.
DISCUSSION:
According to the 1983 B.O.S. Policy, the applicant is responsible for 50% of the proposed installation costs, unless the costs
represent a financial hardship to the applicant and the system is of such value as to warrant the cost to the County. The
County would be responsible for all future operating costs. Funds are budgeted for operation of the lighting projects. Both
lighting projects serve public pedestrian pathways, are located along State-maintained roadways, and are of value to the
County's alternative transportation initiatives. All of the light fixtures to be installed will be fully shielded in compliance with
the Lighting Ordinance.
The following projects are proposed:
Location # of Lights
IRicky R°ad and Middlesexl 1 IDrive
Northfield and Rolling Roads 1
Applicant Cost
$o.oo
$o.oo
County Cost
$500.00
$500.00
Total Installation Cost
$500.00
$500.00
ITotal Cost of Installation for these projects
Estimated Annual Operating Cost:
$1,000.00
$200.00
RECOMMENDATION:
Public Works recommends the lighting projects be approved and funded by the Streetlighting CIP Program.
00.130
LOC'ATI'ON
<>
.O
ATTACHMENT"#2
A~ ~acb. men~ 3
'7.
Roadway Li§htin§ EfFective I.)att: January 21, 1997
Albemasle Cotmty Enginee, lng shall use the Following In ocedures to govc~ n thc ~ ccc:pt, ~cvicw
ami processing of roadway iiBislin[~ ~cqucsts. This policy is apldicable to sl~ ecl li~l~ ~equcsts
oiher than those initiated by the County fin ough lhe CU' process.
Requests shall be submilled iu wi it:n§ either directly to Albemarle County Engineeiing
and Publit: Wu, ks or tluough the (2ouuty Executive's office. Requests should bt
addressed to the atteutiun of'the Director o['~ngiuaedng and Public Wo~ks.
Iii such cases whel c, iii the Old.toll of' Ihe Diiector, the ~etlUeSled ~oadwny lighting does
not meet lhe :cqui~emcslta off Iht Ittmdway LiBhlii:g Policy For Thc County itl' All:el:In~ lc.
Vilginia, adopted by Ilia lie:nd tlf'~Otlilly Supe:visots o, July 1:1, [ I ~ ~ ~ ( [] [ J ! ~ ~ allachcd),
the Director o:' his designee shall llotif~ the al~plicant oF:ts deficiencies a~ltl oflkr to
consult wills the alq:licau~ icl older to revise the request, iFpossibl~.
The Director or his designee silall ,uake a lield investigation, :vilhin a ileaSossable time, to
oblain tile information nccessaiy fi~r evaluating the lighting request. Once Ihe Director has
made a l:l'elimina~y evah:alit:ll, Iht lJi~ color shall fist wa: ti the lighting request It~
Ali~qmade County Boaid of Supcrvisuss with a lecommentlatitm thal Ihe l.}t~md ~csoive
receive public input prior to final consideration of the Board. This prelimina:y evaluation
may include a cost estimate for is:stallatioli and electrical charges. 'The Board approval
should atld~ess thc souluo O~l~aymc::l fbr Ihe installation cost and electrical charses
cuss:stent with Ihe Bo;nd policy.
,Should the Boa, d elect to apl:levi: tile lightiug installation, list: l.)iiecttlr
F.,igiaeeling shall sl:lmlil n w:ill:m lequest fbr a layout plan lo lite respective power
COmlmny sei'ving Iht asea. Thc :il:id:cant shall ll(~Ceive wril.!cn :!?lificalilm when the
leqUeSt is inade lo Ibc power
Thc power COmlmsly designs and p, epares lite roadway liglitiilg layoul plan and provides
I! conslluction cost esl:mate liar tile project.
The power compauy submits their layout plan to the County lbr review. IF the plan does
not appear to meet lighting c~itctia, os' changes need to be made, lhe Idan is returned to
the power cos.party lbr revisions and re. submittal. 'The applicant is contaclcd at this time
Fur any comments. At this time, the apldicant must guarantee the cost cont~ibulion as
apl:Sept:nit by Imymcnt to the County or l,osti:ll~ ora bond iii Ihc flmtnml set I:y the
Diieclor.
The final roadway iighliug l:ian will then be fbi warded to VDOT fi.ir l evit:w slid nlq.oval
ia Ilia case where lhe location is associated wilh stale,!jtainlaiued toads
anlicipaled to lie aCCel:lCd by Ihe Slale in Ih6 fillure.
Once thc Dirccloc has lhe Ii:Iai aplnovai flora VDOT, thc Di~t:ctor ol'[:.nginec:ing .~hall
requisition the illstallati.n floss lhe elcctiicai power coml:a.y Ihal scs vet Ihe
AC CachmenC /~
lhmd~vny L~illing (BO$ l'ulicy)
Effective Date: July 13, 1983
'rise County of'Albemarle will engage in a roadway lighting program as defined and limited by lite
rullowing cuudilions:
Existing roadway lights shall ~emain in use and the cost o[' their lighting paid fur by tile
County until such times lhat, ils Ihe opinion of'the Board changes in citer, instances may
make their removal and/or relocation desirable.
New lighting shall l,e cunsidest:d upou thc request o['an' individual or group or on the
action o£ lite Bored ilsel£ Any such group or individual must be directly alli::cled by Ihe
ligl,ti.g requested. Thc ,'aqua:led lighting must be cleasly n public necessity ralher titan n
ps:rate or i,sdividual be.alit in order tv bt considered by the Boazd, and Ihe~e llnlSl be s:o
objemio,~ Io the lighting on lhe prat of'anyone who is directly affected by it. Areas within
the County lbr which Ihis policy ,nay be applicable include: community buildil:gs, growlh
.teas as dcsignntcd i,~ the Comprehensive Plan and no.desig.nled g~owth n~eas where
existing resident:hi density exceeds one dwelling unit per acre (! do/ac).
'l'lie.County's financial efFolt toward the roadway lighting program shall be lin,lied to a
ccrtai,~ percentage of the utility tax collected for the use of electrical current, the amotml
budgeted ['or any succeeding year being computed on the last year preceding ibr which n
total may be ascertained; the percentages as shown below:
For the installation and/or relocation o£Iights:
For electrical currem used in lighting:
0.50%
The Ct)truly shall ct)ultime m pay lhe cost of electrical cturenl usetl in iighling Ihe slreet
lights which have betas accel)led by the County l)revious to Iht adoption ~}f this Roatiwny
Lighting Policy and will also pay the cost of electrical current used in lighting such
additional lights as the County may fionl time lo lime accept into the system.
In such cases where lhe~e is a charge liar installing a street light sub-system, the Courtly
will participate in such installation in an amount not to exceed fifty percent of the cost.
provided, however, that the applicant will match this amount. The Bon.rd may waive this
limitation where Ihe Board finds that such would in,pose an unusual hardship on Ilia
applicant and the sub-system lighting in the opinion of lhe Board is of such value as to
warrant tim cost to the Coo.ry.
Lighling systems shall be designed and installed in accordance witl, lite policy of the
Depa~ tmenl of I lighways and T.mslmtlalion, as set fi~ th in the l)epm tment'~
menlurandum ertl:lied Guide l)olicy fur Roadway Ligl.~ing Facilities and Security Lighting
Facilities, daled July 26, 1973, as amended.
5. The County Engineer shall ieview all al:plicalions fi)r roadway lighting mid recomme.d
^lira:olde Co:mty l:.::gh:c'~ing ~: l:ul:lic W::iks Policies I Fcinunry 19:~'/
actiun to Ihe Board of County Supervisors. The County Engineer may set roles/'or
t~tuccdurc ['ur thc processing o£applicatiuns.
Except in such cases wheic the County itseil'instigates the inslailnli(m of~ roadway
lighting system, the County of Albemarle shall have no pm t in seo~ring or pumh~ing any
easements which may be nec~sa~ fi~r the installation ora roadway lighting system.
Acquisition of such easemm~ts simll be the r~ponsibility of the applicant am~or the power
cumPm~y width will serve the s~stem.
1, sucl~ cases whine the Cou.ty itself instigates the installation of roadway lighting and
there me costs incmred fur such, the County of Albemarle may defray costs to the Full
extent of the limds iat:videti umler Item 3 of this policy.
This is a copy of thc lmticy adol:ted by the Board of'Supervisors of Albemarle County, Virginia,
at its regular meeting held on July 13, 1983. '.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Purchase of Keene Landfill Buffer Property
SUBJECT/PROPOSAL/REQUEST,'
Proposal to Purchase 2.9 acres (Mark Hanna Banks, et al)
Public Auction
STAFF CONTACT(S):
Messrs. Tucker, Foley, Mawyer
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGEN DA:
ITEM NUMBER:
IN FORMATION:
ACTION: X INFORMATION:
ATTACHMENTS:
REVIEWED BY:
No
BACKGROUND:
The Keene Landfill is an inactive municipal solid waste landfill located on Route 704 in Southern Albemarle County. The
property includes approximately 56 acres, 38 of which is filled with municipal, commercial and construction wastes. The landfill
operated from 1968 until it officially ceased accepting waste in 1991. The County has purchased adjacent properties under
a program to buffer the closed landfill.
DISC USSION:
To advance the acquisition of property needed for buffering purposes, staff bid on Tax Map 121, Parcel 57, at a public auction
that was held on June 15, 2000. This property was being auctioned for non-payment of taxes. The County was the high bidder
at this auction with a bid of $6,500. The subject property is undeveloped and located on the western boundary of the Landfill.
Purchase of this property will improve our ability to maintain and protect the waste disposal areas of the landfill.
RECOMMENDATION:
The Public Works Division recommends that the Board authorize the purchase of the 2.9-acre property for $6,500.00 with funds
from the Keene Landfill Closure ClP Account and authorize the County Executive to execute the deed on behalf of the County.
COMMONWEALTH OF VIRGINIA
I
m
A~(D ADDRESS: ~Ol ~CI~7!RE RD CHA~L~TTESVILLE~ VA
RECEIVED OF : COUNTY ~F ALBEmArLE DATE OF DEED: 06/86/00
..... ~ '~ -~ 9 ACRES
CONSIDERATION: ~ 500. O0
o~u ~EEDS
3.85~.~-~P TRANSFER -.:~:"~-"~
3.85
TE~ERED
r.~ ER~' n~ COURT:
m
0C.18 [10199)
I_
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
COUNTY OF ALBEMARLE,
Complainant
V.
MARK HANNA BANKS, et al.,
Respondents.
Case No. CH98-10,762
CLOSING STATEMENT
CONFIRMED PURCHASE PRICE
GRANTOR'S TAX ON DEED
BALANCE DUE
$6,500.00
$6.50
$6,493.50
$6,500.00 $6,500.00
Purchaser to pay the entire real estate tax for the second half
of 2000 when due.
DATE:
Steven L. Raynor
Special Commissioner
#4 \C: \WPDOCS\ TAXES\PRICE. CS
Pur~as-er
PREPARED BY: MARTIN & RAYNOR, P.C.
TAX MAP: 121-57
THIS SPECIAL COMMISSIONER'S DEED made this 26t~ day of June, 2000, by and
between STEVEN L. RAYNOR, SPECIAL COMMISSIONER, Grantor, party of the first part;
and COUNTY OF ALBEMARLE, Grantee, party of the second part, whose address 401
Mclntire Road, Charlottesville, VA 22902; and MARK HANNA BANKS, CLARA B.
LOGAN, CORNELIUS BANKS, ROSETTA BANKS, JOHN H. BANKS, and their heirs,
assigns or successors in interest, if any, Respondents in the hereinafter described lawsuit, parties
of the third part.
WlTNE S SETH:
WHEREAS, by Decree of Sale entered by the Circuit Court of Albemarle County,
Virginia, on October 19, 1998, in the chancery cause ofCoun _ty of Albemarle v. Mark Hanna
Banks, Clara B. Logan, Cornelius Banks, Rosetta Banks, John H. Banks and their heirs, assigns
and successors in interest, if any, proceeded against herein as "Parties Unknown", Case No. CH
98-10,762, Steven L. Raynor was appointed Special Commissioner for the purpose of selling the
real estate of the parties of the third part, more particularly described in Schedule A attached
hereto; and
WHEREAS, the sale of the real estate described in Schedule A attached hereto to Alan D.
the William Mawyer, Jr. was confirmed by Decree of Confirmation entered by this Court in the
above referenced cause on June 26, 2000.
NOW, THEREFORE, for and in consideration of the sum of SIX THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($6,500.00), cash in hand paid, the receipt of which is
hereby acknowledged, the party of the first part does hereby GRANT and CONVEY with
1
SPECIAL WARRANTY OF TITLE unto the County of Albemarle the right, title and interest of
the parties of the third part in and to the real estate described on Schedule A attached hereto.
The property hereby conveyed is subject to any and all easements, restrictions,
reservations and conditions contained in duly recorded deeds, plats .and other instruments
constituting constructive notice in the chain of title to the above described property, or which
may be disclosed by a physical examination of the property, and which have not expired by a
time limitation contained therein or have not otherwise become ineffective.
The form of this deed has been approved by the County Attorney for the County
of Albemarle and the County of Albemarle accepts this conveyance as evidenced by the
signature of its duly authorized agent affixed hereto.
WITNESS the following signatures and seals.
STATE OF VIRGINIA
Steven L. Raynor
Special Commissioner
(SEAL)
COUNT
/'R~bei't Vd. Tuck&.,.~., Count~~ive
CITY OF CHARLOTTESVILLE
The foregoing deed was acknowledged before me this .~ O day of June, 2000, by
Steven L. Raynor, Special Commissioner.
My commission expires:
Notar~ubl~-c - ' -
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE
The foregoing deed was acknowledged before me this ~ ~J day of
_~ 2000, by Robert W. Tucker,/Ir., County Executive for Albemarle County.
My commission expires: ~/,.gO/oTO O]
Notary Public
SCHEDULE A
All that certain lot or parcel of land, with the improvements thereon and appurtenances thereto,
located in Albemarle County, Virginia, containing 2.9 acres, more or less, and more particularly
described by metes and bounds of Lot #2 in the deed dated December 1, 1912, and recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in deed Book 158, page
69, and being the same property conveyed to Maggie L. Banks by deed of L. R. Stinson and
Nannie D. Stinson, husband and wife, dated July 16, 1919, recorded in the Clerk's Office
aforesaid in Deed Book 171, page 173. Maggie L. Banks died intestate, as evidenced by the List
of Heirs dated May 7, 1931, recorded in the Clerk's Office aforesaid in Heir Book 34, page 598,
and identified the heirs of Maggie L. Banks as Mark Hanna Banks, Clara B. Logan, Comelius
Banks, Rosetta Banks and John H. Banks.
4
0~/29/00 T~U 12:03 FA~ $04 295 3206 RARTIN & RAdiaTOR ~007
VIKGllqIA: I1W ~ C~RCUIT COID"RT FOR TI-IE COUNTY OF ALBEMARLE
COUNTY OF ALBEMARLE,
Complainant,
Vo
MARK HANNA BANKS, et al.,
P,.esponcleats.
No. CH98-I0,762
DECREE OF COt5~. ~TION
This cause came on to be again heard upon the papers formerly read; upon the Offer of
Purchase and Notice of Confirmation Hearing; upon tho Report of the Special Commissioner;
and was argued by counsel.
Upon consideration whereof, the Court ORDERS and DECREES that the sale of the real
property known as tax map pm-eel no. 121-57 for $6,500,00 be, and is now, eonfa=ed.
It is further OlZ~ERED that William I. Mawyer, Jr., on or before July 7, 2000, pay the
sum o£$6,5'00.00 to Steven L. Raynor, Special Commissioner, who shall then prepare, execute,
and deliver a good and sufficient deed conveying to the purchaser, or to whomever the purchaser
may direct, with special warranty of title the property which is the subject matter of'this suit.
Said conveyance shall be free of lien with all valid tax liens, including fees and costs, deeds of
trust, judgments, and other encumbrances being removed from the title to the property and
impressed upon the sale proceeds without change in priority, waiver or prejudioe.
06/29/00 ~ 12:03 FAX 804 295 3206 MARTIN & RAYNOR ~008
The Special Commissioner shall deposit these funds in his aust account and shall
thereafter report his actions to the Court and advise thc Court of his recommendations regarding
the process of sale.
ENTEK:
Judge
I ask for this:
STEVEN L. RAYNOR
MARTIN & I~YNOR. P.C.
415 Fourth Street, N.]~.
Charlott~ville, VA :229024721
(804) 817-3100
Counsel for the County of Albemarle
/703~F~t Sefferh'on Street
~"'ffarlottosvilte, VA 22902-5129
Guardian Ad Litem
2
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Purchase of Keene Landfill Buffer Property
SU BJECT/PROPOSAL/REQU EST:
Proposal to Purchase 4 acres from W. L. Ward and
7.129 acres from M. R. Van Clief Estate
STAFF CONTACT(S):
Messrs, Tucker, Foley, Mawyer, Letteri, Muhlberger
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS:
A. Wardell L. Ward Deed and Purchase Agreement
B. Van Clief Estate Deed and Purchase Agreement
C. Map of Keene Landfi.~,~ ~
REVIEWED By:
BACKGROUND:
The Keene Landfill is an inactive municipal solid waste landfill located on Route 704 in Southern Albemarle county. The
property includes approximately 56 acres, 38 of which is filled with municipal, commercial and construction wastes. The landfill
operated from 1968 until it officially ceased accepting waste in 1991.
DISCUSSION:
The Board of Supervisors authorized negotiations with owners of Keene Landfill buffer properties in February 1999. Public
Works has successfully negotiated the sale of 4 acres of the W. L, Ward property, Tax Map 129-1, for a purchase price of
$6,000.00 and the sale of 7.129 acres of the Van Clief property, Tax Map 129-2, for a purchase price of $10,693.50.
The subject properties are located on the western boundary of the Landfill as shown by the attached map. These are
undeveloped, wooded properties. Purchase of these properties will improve our ability to maintain and protect the waste
disposal areas of the landfill.
RECOMMENDATION:
The Public Works Division recommends purchasing 4 acres of the W. L. Ward property for $6,000.00 and 7.129 acres of the
Van Clief property for $10,693.50 with funds from the Keene Landfill Closure ClP Account and adopting the attached resolution.
00.127
COMMONWEALTH OF VIRGINIA
DEED RECEIPT
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CH~,: $8~ ""
CODE ~ESCRIPTION
ASSU~E/VAL: .00
PAID CODE ~ESC~!PTID~
3,00 818 TRANSFER FEES
8.00
TENDERED :
A~OUNT PAID:
C~NGE A~T ;
PAID
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DC-18 (10/99)
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BOARD OF SUPERVISORS
THIS DEED is dated this 22nd day of It,ay ,2000 by and between
WARDELL LOUIS WARD and DERICK WARDELL WARD, Grantors, and the COUNTY
OF ALBEMARLE, VIRGINIA, Grantee.
WlTNESSETH:
That for and in consideration of the total sum of SIX THOUSAND DOLLARS ($6,000.00),
and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors
do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY AND
ENGLISH COVENANTS OF TITLE unto the Grantee the following described property:
All that certain real estate located in the County of Albemarle, Virginia, and described as that
portion of land containing 3.998 acres, more or less, being a portion of Tax Map Parcel 129-
1 located off State Route 704 south of Keene, as described further as Parcel "W" on the plat
made by Thomas B. Lincoln Land Surveyor Inc. dated August 23, 1999, revised October 20,
1999 (the "Plat"), attached hereto and to be recorded herewith.
Reference is made to. the Plat for a more particular description of the land conveyed hereby.
The Grantors hereby reserve onto themselves, their assigns and successors, a nonexclusive
easement for ingress to and egress from the 17.887 acre residue portion of Albemarle County Tax
Map Parcel 129-1 out to State Route 704. The easement shall run from said 17.887 acre tract over
and along that entire 30' wide strip of land shown as "New 30' Right-of-Way" on the Plat and as
"30' R. O. Way" on plat by R. O. Snow, C.L.S. dated June 25, 1979, recorded in the Clerk's Office
of the Circuit Court for the County of Albemarle in Deed Book 698, page 192, and over and along
the existing 30' right of way out to State Route 704. Grantee, by its signature hereto, acknowledges
that the Grantors, their assigns and successors, have a nonexclusive easement for ingress to and
Prepared by the Albemarle County Attorney's Office
May 8, 2000
egress from the 17.887 acre residue portion of Albemarle County Tax Map Parcel 129-1 out to State
Route 704, as set forth above.
This conveyance is also
conditions, if any, contained in
made subject to all easements, reservations, restrictions and
duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the above-described property that have not expired by a
time limitation contained therein or have otherwise not become ineffective.
The Grantee, acting by and through its County Executive, duly authorized by resolution of
the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest
in real estate made by this Deed and on the terms, covenants and conditions set forth herein.
This deed is exempt from state recordation taxes imposed by Virginia Code § 58.1-801,
pursuant to Virginia Code § 58.1-811 (A)(3). kkk k~~~
GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA
/ I~6BERT W. Tk~KER, JR~ //
Approved as to form:
Cfiunty Attorney
2
STATE/DISTRICT OF
CITY/COUNTY OF [_~0a.d~(~ :
_-- The foCgoing Agreement for ~urchase of Re~ Estate ~ledged~efore me t~s
-~ ~ayof ~~ ,2000byW~d
Not~ P
My Co~ission Expires:
STATE/DIST~CT OF
CITY/CO~TY OF ·
~~ The fo~ping Agreement for P~chase of ~al Estate w~owledged before me ~is
ay of .~~ ,2000~ Deric~ardell Wind(
__ .
~ C°m,~id~2~?i~s: ~ Not~ mub.~ /
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing instrument was acknowledged before me this ~ ~j day of
Vir(~C~~nia.~t ,2000 by Robert W. Tucker, Jr., County Executive, County of Albemarle,
My Commission Expires: g/~o/~dt~ /
Notary Public
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AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT made this 22ndday of 1.1ay ,2000 by and between
WARDELL LOUIS WARD and DERICK WARDELL WARD (hereafter the "Sellers"), and the
COUNTY OF ALBEMARLE, VIRGINIA (hereafter referred to as "Buyer").
1. Sale and Description of Property. In consideration of the mutual promises contained
herein, Sellers agree to sell and Buyer agrees to buy certain real estate with all improvements thereon
and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and
described as all that certain real estate located in the County of Albemarle, Virginia containing 3.998
acres, more or less, being a portion of Tax Map Parcel 129-1 located off State Route 704 south of
Keene, as described further as Parcel "W" on the plat made by Thomas B. Lincoln Land Surveyor
Inc. dated August 23, 1999, revised October 20, 1999 (the "Plat"), attached hereto.
Sellers specifically reserve onto themselves, their assigns and successors, a nonexclusive
easement for ingress to and egress from the 17.887 acre residue portion of Albemarle County Tax
Map Parcel 129-1 out to State Route 704. The easement shall run from said 17.887 acre tract over
and along that entire 30' wide strip of land shown as "New 30' Right-of-Way" on the Plat and as
"30' R. O. Way" on plat by R. O. Snow, C.L.S. dated June 25, 1979, recorded inthe Clerk's Office
of the Circuit Court for the County of Albemarle in Deed Book 698, page 192, and over and along
the existing 30' right of way out to State Route 704. Buyer agrees that this easement shall be
memorialized in the deed between the parties and recorded in the land records of the County upon
closing.
2. Purchase Price. The purchase price for the property is Six Thousand Dollars
($6000.00), and shall be paid by Buyer to Sellers at closing.
3. Title. Sellers agree to convey the Property by appropriate deed containing general
warranty and English covenants of title, which title shall be good, marketable, and insurable, free
and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements,
covenants, and restrictions of record which do not adversely affect marketability and insurability of
title. In the event Buyer's attorney finds title to be defective, and should Sellers fail to remedy any
default within sixty (60) days of notice thereof, this Agreement may be declared null and void by
Buyer, and all funds paid to Sellers by Buyer shall be refunded within thirty (30) days.
4. Expenses and Prorations. Buyer agrees to pay the expenses of preparing the deed,
and Sellers agree to pay the recordation tax applicable to grantors. Except as otherwise agreed
herein, all other expenses incurred by Buyer in connection with the purchase, including, without
limitation, title examination, survey costs, preparation of a plat of subdivision, environmental
reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if
any, shall be prorated as of the date of closing and paid by Sellers.
5. Inspection. The Buyer and its agents shall have the right to enter upon the Property
at any time prior to closing for purposes of engineering, surveying, site analysis, and such other
work, so long as the studies do not result in a change in the character or topography of the Property.
This Agreement is contingent upon the Property being free of hazardous waste or other dangerous
environmental contamination. If the Buyer determines, in its sole judgment, that such contamination
exists, Buyer may declare this Agreement null and void and all funds paid to Sellers by Buyer shall
be refunded within thirty (30) days.
6. Subdivision Plat. The Sellers agree to execute upon request all plats and other legal
documents necessary to subdivide the land owned by it to transfer the Property. The Sellers may
retain any development rights applicable to lots of less than twenty-one (21) acres.
7. Time is of the Essence. The Sellers agree that, with respect to all obligations
specified herein, time is of the essence.
8. Closin~. Closing shall take place at the Albemarle County Attorney's Office on or
before May 31, 2000, or earlier if Buyer and Sellers agree, or as soon thereafter as title can be
examined and papers prepared.
9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty
or other cause are assumed by, and shall be borne by the Sellers, until closing. In the event of any
material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void
and all fimds paid to Sellers by Buyer shall be refunded within thirty (30) days.
10. Condition of Property. Sellers warrant that the Property shall be in substantially the
same condition at closing as it is at the time of the execution of this Agreement.
11. Construction, Benefit and Effect. This Agreement shall be construed in accordance
with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of
the successors and assigns of the parties, constitutes the entire Agreement between the parties, and
may not be modified or changed except by written instrument executed by all parties.
12. A~reement Survives Closing. It is expressly understood and agreed by Buyer and
Sellers that all agreements, promises, stipulations and representations contained herein shall survive
closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the
parties hereto.
13. Board Approval. This Agreement is expressly contingent upon its approval by the
Albemarle County Board of Supervisors (hereafter referred to as "Board"). If the Board fails to
approve this Agreement within 90 days of its execution by Sellers, Buyer or Sellers may declare this
Agreement null and void and all funds paid to Sellers by Buyer shall be refunded within thirty (30)
days.
written.
SELLERS:
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above
WX D'E ,L LO S Xx
bF~mC'K WAR_BEL1~ WARD
BUYER:
COUNTY OF ALBEMARLE, VIRGINIA
4
CITY/COUNTY OF KAJ ·
, The fqrqgoing ~~W~~~~_~
'7-'~/tslay of N~ Agreement ~r Pmchase of Real Estate... ~c~owledged. before me ~S
My Co~ission Expires: ~ Not~ Public J
Ho~ hb~ ~t of
CITY/CO~TY OF ~~c~ : -
The foregoing Agreemen[ for P~chase of Re~ Estate wa~owledged before me ~s
~Not~y Public (
My Co~nission Expkes:
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing Agreement for Purchase of Real Estate was acknowledged before me this
~ ~'~ day of (~~ ,2000 by Robert W. Tucker, Jr., County Executive, County of
Albemarle, Virg~{ia. f
My Commission Expires:
Notary .Public
MT/rea[estate.gen/wardeltwardagl.doc
COMMONWEALTH OF VIRGINIA
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.... r, RECEIPT
ALBEMARLE r,o .... r .....
DEED RECE:PT
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$87.00
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DC< $ (10/99)
BOARD OF SUPERVISOI~S
THIS DEED is dated this
r/ day of.-Zl'-~ c,.~cc, v
I
I""" by and between BANK of
AMERICA, formerly NATIONSBANK, N.A., CO-TRUSTEE UNDER THE MARGARET R.
VAN CLIEF REVOCABLE TRUST, dated June 7, 1990, and D. G. VAN CLIEF, CO-
TRUSTEE, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, Grantee.
WITNESSETH:
That for and in consideration of the total sum of TEN THOUSAND SIX HUNDRED
NINETY THREE AND 50/100 DOLLARS ($10,693.50), and other good and valuable
consideration, receipt of which is hereby acknowledged, the Grantor does hereby GRANT,
BARGAIN, SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the Grantee the
following described property:
All that certain real estate located in the County of Albemarle, Virginia, and described as that
portion of land containing 7.129 acres, more or less, being downgradient of the Keene
Sanitary Landfill and being a portion of Tax Map Parcel 129-2 located off State Route 704
south of Keene, the exact acreage and boundaries being identified and determined by survey
made by Thomas B. Lincoln Land Surveyor Inc., titled "Subdivision Plat Showing Parcel
'V' -- A Portion of Tax Map 129 Parcel 2 Herebv Added to and becoming a Portion of Tax
Map 129 Parcel 2A Located off Old State Ronte 6 Scottsville District Albemarle County,
Virginia," dated August 23, 1999, attached hereto and to be recorded herewith.
Being a portion of the property conveyed to Margaret R. Van Clief, by deed from Grant
Baker and Pauline W. Baker, husband and wife, dated January 4, 1960, recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 355, Page
433. Margaret R. Van Clief died testate January 13,.1991, and by her will probated January
18, 1991 and recorded in the aforesaid Clerk's Office in Will Book 71, page 593, the subject
property was devised to Sovran Bank, N.A., as trustee under the Margaret R. Van Clief
Revocable Trust.
Reference is made to the Plat for a more particular description of the land conveyed hereby.
This conveyance is made subject to all easements, reservations, restrictions and conditions,
if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice
Prepared by Albemarle County Attorney's Office
November 30, 1999
in the chain of title to the above-described property which have not expired by a time limitation
contained therein or have otherwise not become ineffective.
As evidenced by its acceptance and recordation oft/tis deed, Grantee covenants and agrees,
on behalf of itself, its successors and assigns, that the property conveyed hereby will not be used for
the expansion of the landfilling operation at the Keene Sanitary Landfill or as a new landfill; this
covenant shall be deemed to nm with the land and is for the benefit of (and may be enforced by) the
Grantor, .its successors and assigns.
The Grantee, acting by and through its County Executive, duly authorized by resolution of
the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest
in real estate made by this Deed and on the terms, covenants and conditions set forth herein.
This deed is exempt from state recordation taxes imposed by Virginia Code § 58.1-801,
pursuant to Virginia Code § 58.1-811 (A)(3).
GRANTOR:
GRANTEE:
BANK OF AMERICA, TRUSTEE
D. G. VAN CLIEF, TRUSTEE
2
Approved as to form:
Ct~i~W Attorney
STATE OF /iroAnl
CITY/C~ dF P.j 6lq rB o n 6} ·
The foregoing instrument was acknowledged before me this --/4& day of
~'"~0qq(/J'l// ,~0~by M/tto}~ k.~(~ ,'9'IL, on beh~fofB~ of
~efica, Co-~mstee.
My co~ission expires: q- ~0- O~
~ Not~blic ~
STATE OF /~'~
CITY/COUNTY OF ~'~ ·
__~ The foregoing instrument was acknowledged before me this
~~ ,1999 by D. G. Van Clief, Co-Trustee.
/ ~ day of
My commission expires:
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
Notatty Public
The foregoing instrument was acknowledged before me this ~ ~ day of
C~z~- ,1999 by Robert W. Tucker, Jr., County Executive, County of Albemarle,
Vi~'ini4
My Commission Expires: ~/,.~/$$a /
Notary Public k_.
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AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT made this /~ day of tL[l~ ,4999 by and between
BANK OF AMERICA, formerly NATIONSBANK, N.A., CO-TRUSTEE UNDER THE
MARGARET R. VAN CLIEF REVOCABLE TRUST, dated June 7, 1990, and D. G. VAN CLIEF,
CO-TRUSTEE (hereafter the "Seller"), and the COUNTY OF ALBEMARLE, VIRGINIA (hereafter
referred to as "Buyer").
1. Sale and Description of Property. In consideration of the mutual promises contained
herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon
and appurtenances thereto (the "Property"), located in the County of Albemarle, Virginia, and
described as all that certain real estate located in the County of Albemarle, Virginia containing 7.129
acres, more or less, being a portion of Tax Map Parcel 129-2 located off State Route 704 south of
Keene, as described further as Parcel "V" on the plat made by Thomas B. Lincoln Land Surveyor
Inc. dated August 23, 1999 (the "Plat"), attached hereto.
2. Purchase Price. The purchase price for the property is Ten Thousand Six Hundred
Ninety Three and 50/00 Dollars ($10,693.50), and shall be paid by Buyer to Seller at closing.
3. Title. The Seller agrees to convey the Property by appropriate deed containing
general warranty and English covenants of title, which title shall be good, marketable, and insurable,
free and clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such
easements, covenants, and restrictions of record which do not adversely affect marketability and
insurability of title. In the event Buyer's attorney finds title to be defective, and should Seller fail to
remedy any default within sixty (60) days of notice thereof, this Agreement may be declared null
and. void by Buyer, and all funds paid to Seller by Buyer shall be refunded within thirty (30) days.
4. Expenses and Prorations. Buyer agrees to pay the expenses of preparing the deed,
and Seller agrees to pay the recordation tax applicable to grantors. Except as otherwise agreed
herein, all other expenses incurred by Buyer in connection with the purchase, including, without
limitation, title examination, survey costs, preparation of a plat of subdivision, environmental
reports, and recording costs shall be borne by Buyer. All taxes, assessments, interest, and rent, if
any, shall be prorated as of the date of closing and paid by Seller.
5. Inspection. The Buyer and its agents shall have the right to enter upon the Property
at any time prior to closing for purposes of engineering, surveying, site analysis, and such other
work, so long as the studies do not result in a change in the character or topography of the Property.
This Agreement is cOntingent upon the Property being free of hazardous waste or other dangerous
environmental contamination. If the Buyer determines, in its sole judgment, that such contamination
exists, Buyer may declare this Agreement null and void and all funds paid to Seller by Buyer shall
be refunded within thirty (30) days.
6. Subdivision Plat. The Seller agrees to execute upon request all plats and other legal
documents necessary to subdivide the land owned by it to transfer the Property. The Seller may
retain any development rights applicable to lots of less than Twenty-one (21) acres.
7. Time is of the Essence. The Seller agrees that, with respect to all obligations
specified herein, time is of the essence.
8. Closing. Closing shall take place at the Albemarle County Attorney's Office on or
before December 30, 1999, or earlier if Buyer and Seller agree, or as soon thereafter as title can be
examined and papers prepared.
9. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty
or other cause are assumed by, and shall be borne by the Seller, until closing. In the event of any
material loss, destruction or damage to the Property, Buyer may declare the Agreement null and void
and all funds paid to Seller by Buyer shall be refunded within thirty (30) days.
10. Condition of Property. Seller warrants that the Property shall be in substantially the
same condition at closing as it is at the time ofthe execution of this Agreement.
11. Construction, Benefit and Effect. This Agreement shall be construed in accordance
with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of
the successors and assigns of the parties, constitutes the entire Agreement between the parties, and
may not be modified or changed except by written instrument executed by all parties.
12. Agreement Survives Closing. It is expressly understood and agreed by Buyer and
Seller that all agreements, promises, stipulations and representations contained herein shall survive
closing and shall bind the heirs, executors, administrators, agents, successors and assigns of the
parties hereto.
13. This Agreement is expressly contingent upon its approval by the Albemarle County
Board of Supervisors (hereafter referred to as "Board"). If the Board fails to approve this Agreement
within 90 days of its execution by Seller, Buyer or Seller may declare this Agreement null and void
and all funds paid to Seller by Buyer shall be refunded within thirty (30) days.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above
written.
3
SELLER:
BANK OF AMERICA, TRUSTEE
D. G. VAN CLIEF, TRUSTEE
BUYER:
B .'I~ II~Ot~RT W. ~'UCKER,~// .a~- /
COUNTY EXECUTIVE NN~
CITY/COUNTY OF ~4 ~,t_.,l~. ·
The foregoing Agreement was acknowledged,before me thi~ ] .~ day,of 1~
.~Z~r~J'3~ ,1999 by ~,~. I[0.rl CltO_~: ,.lt. o--n-~ehalf ~'
gan~-~q~, Co-Trustee.
My commission expires:
Notary ffublic p - '
STATE OF Vi ~t,~ltq~ 6z
CITY/~ (JF ~.~ (iq mO/2 d
The foregoing Agreement was acknowledged before me this -7 4~ day of
My co ission exkires: q-30-Og '
~ No~blic
STATE OF VIRGINIA
COUNTY OF ALBEMARLE:
Virgi~a. ~/
The foregoing Agreement was acknowledged before me this ~q~ day of
,~bo y Robert W. Tucker, Jr., County Executive, County of Albemarle,
My Commission Expires:
Notary
David P. Bowerman
Rio
Lindsay G. Dottier, Jr.
Scottsvilb,
Charlotte Y. Humph~
Jack Jouett
coUNTY OF ALBEMARLE
Office of Board of Super~sors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkins
White
Sally H. Thomas
Samuel ~
Iuly 14, 2000
Ms. Nancy K. O'Brien
Executive Director
Thomas Jefferson Planning District Commission
300 E Main Street, 1s' Floor
PO Box 1505
Charlottesville, VA 22902-1505
Dear Ms. O'Brien:
At its meeting on July 5, 2000, the Board of Supervisors authorized the
Chairman to sign the Inteflocal Agreement for implementation of the Workforce
Investment Act, as amended. After the agreement has been signed by all the
consortium members, please provide this office with a copy of the signature page.
Sincerely,, _
Eli'~t' W. Carey, Clerk, C~.~
/ewc
CC:
Roxanne White
Larry Davis
Printed on recycled paper
INTERLOCAL AGREEMENT
to implement the
WORKFORCE INVESTMENT ACT
The purpose of this agreement is to create a Consortium of Chief Local Elected Officials
(CLEOs) to set forth the process, procedures, and responsibilities for implementing the
Workforce Investment Act (WlA) in the City of Charlottesville and the Counties of Albemarle,
Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Nelson, Orange, and Rappahannock.
The WIA requires Chief Local Elected Officials (CLEOs) to take certain responsibilities and
actions which are enumerated in this document and to form a working relationship with the
Workforce Investment Board.
Area covered: The localities named above have been grouped together and approved as a WlA
area by the Governor of Virginia.
Consortium of CLEOs formed: By this agreement, the Chief Local Elected Officials form a
consortium for the purpose of implementing the tasks and performing the continuous oversight
responsibilities set forth in the WlA.
Administration: The local governments have named the Thomas Jefferson Planning District
Commission (TJPDC) as the administrator, working with the Rappahannock Rapidan Regional
Commission (RRRC).
Grant recipient: The City of Charlottesville will be the grant recipient.
Fiscal Agent: The Thomas Jefferson Planning District will be the Fiscal Agent for WIB funds.
The TJPDC will make monthly financial reports to the Consortium, in writing. The' audit will be
conducted with the TJPDC audit, according the requirements of all OMB and federal regulations.
Responsibility for use of funds and implementation of the WIA: Under the WIA the final
responsibility for use of the federal WlA funds and for carrying out the tasks' set forth in the WlA
rests with the CLEOs. The CLEOs, as a Consortium, shall enter into a contract with the TJPDC
to perform certain tasks on behalf of the Consortium. Liability insurance for the CLEOs will be
provided out of the administrative funds. Prior to distribution of any funds under the WIA, the
TJPDC will obtain such liability insurance naming each of the local governments and CLEOs
forming the Consortium as additional insured. Coverage shall be no less than $1,000,000 per
occurrence and $2,000,000 in the aggregate. A certificate evidencing such insurance coverage
shall be distributed to each of the named CLEOs at the inception of this Agreement.
Task One: The first task of the Consortium of CLEOs is to create the Workforce
Investment Board.
Workforce Investment Board (WIB): The activities of the WlA are carried out by a WIB
appointed by the CLEOs. The composition of the WIB is mandated in the Act. The WlA requires
51% of the appointees be from private sector business and industry. The remaining 49% are
mandated categories in the Act.
Inter-Local Agreement
Workforce Investment Act
Page 1 of 6
WIB Membership: The total board membership is to be shared by the two planning districts on
the basis of population. The population distribution in the two planning district areas is 59%
Thomas Jefferson Planning District and 41% Rappahannock Rapidan Regional Commission. The
attached chart illustrates the distribution of the membership. If a planning district does not make
all of its allocated appointments, those board positions will revert to the other planning district
for appointment.
WlB Appointment Process: The appointments to the WlB are to be made by the cLEOs using
the following process:
Business and Industry:
1. Letters will be sent to business and industry organizations soliciting nominations
to the Board. In TJPDC, this will be done by Piedmont Virginia Community
College; in RRRC, by the planning district. In the future other business/industry
organizations may be requested to assist in generating nominations for the private
for-profit sector.
An advertisement will be placed in a paper of general circulation in each planning
district by TJPDC. The notice will include a nomination form. Persons may
nominate themselves.
Nomination forms will be sent to TJPDC for distribution to the CLEOs. By law,
CLEOs must select from those nominated.
Each CLEO will select the number of business and industry appointments based
on the percentage of population in the respective planning district. This results in
the .following distribution of business/industry appointments by locality:
PD-10
Charlottesville
Albemarle
Fluvanna
Greene
Louisa
Nelson
59%
1997 Population % % x 16 Proposed
38,100 20.4% 3.27 3
79,200 42.4% 6.79 7
17,700 9.5% 1.52 2
13,600 7.3% 1.17 1
24,1 O0 12.9% 2.07 2
13,900 7.4% 1.19 1
186,600 100.0% 16
- PD-9
Culpeper
Fauquier
Madison
Orange
Rappahannock
41%
1997 Population % % x 11 Proposed
32,1 O0 25.1% 2.76 3
52,000 40.6% 4.47 4
12,500 9.8% 1.07 1
24,500 19.1% 2.10 2
7,000 5.5% 0.60 1
128,100 100.0% 11
PD-9 and PD-IO Total 314,700 27
If a locality does not fill all its allocated business positions, the Consortium will
Inter-Local Agreement
Workforce Investment Act
Page 2 of 6
assign those positions to one or more other localities.
One-Stop Partners: The Act sets forth certain categories of representation, the One-Stop
Partners. To insure the correct distribution of categories and voting consistent with the
population distribution, the attached chart mentioned above also sets forth the planning
district origin for those categorical appointments. The following process will be used to
appoint persons who meet these requirements:
1. Nominations will be sought from categorical organizations, set forth in the Act, by
each planning district office.
2. Nomination forms will be received at .the TJPDC office.
3. A committee of four CLEOs, two from each planning district, will meet to prepare
a slate of categorically mandated WlB members, distributed as set forth in the
Chart.
Full Board Appointments:
1. The full group of CLEOs will meet to affirm the categorical nominees and the
business and industry nominees.
The TJPDC will prepare the Certification Form and submit to the State for the
Governor's certification.
Vacancies: Vacancies will be filled using the same procedure in order to maintain the correct
geographic and categorical distribution of WlB members.
Organization of the WIB: It is the intent of the CLEOs to create the full WlB to cover all the
localities. It is the desire of the CLEOs that PDC-level regional committees be formed by the
WI~B which will conduct planning and other activities to advise the WlB in order that the distinct
characteristics of each planning district area have an avenue for in-depth focus.
Organization of the Consortium: The purpose of the Consortium is to maintain
communication with the WIB and perform oversight of certain WIB activities.
1. The Consortium shall elect a Chair and Vice-Chair from its members. One officer
shall be from each planning district. The Consortium may elect to elect two Co-
Chairs.
Two additional members, one 'from each planning district, will be chosen by the
Consortium to serve on an Executive Committee of the Consortium
3. The Consortium will meet, as a body, at least quarterly, beginning in March, 2000.
4. The Executive Committee will meet monthly or more frequently, as needed.
o
Minutes of the Executive Committee will be distributed to the full Consortium
membership and to the Chief Administrative Officers of each jurisdiction.
Inter-Local Agreement Page 3 of 6
Workforce Investment Act
It will be the responsibility of the Chief Local Elected Official, acting with the
Chief Administrative Officer, to communicate the activities of the Consortium
and the Wl]3 to their respective governing bodies.
7. Two .members of the Consortium may, according to the By Laws of the WIB, sit
as non-voting members of the WIB,
Collaboration with the WlB
The Plan:
The WIB will submit the Plan to the Consortium for their concurrence.
Concurrence will be a simple majority of the Consortium present and voting.
2. Budget:
The WIB budget will be submitted to the Consortium for approval. Approval will
be a simple majority of the members of the Consortium present and voting.
3. Quarterly meetings:
The officers or Executive Committee of the WlB will meet with the CLEOs at the
quarterly meeting for the purpose of updating the CLEOs on the activities and to
seek advice from the CLEOs regarding the activities of the WlB.
4. One Stop Operator or System:
The WlB is charged with designating the One Stop operator or system, in
cooperation with the CLEOs.
A. The WlB shall submit the criteria for the One Stop to the CLEOs for
comment prior to selection of the One Stop operator.
B. The selection of the One Stop operator will be ratified by the CLEOs by a
simple majority of the CLEOs present and voting.
C. The Memorandum of Understanding establishing the One Stop will be
presented to the CLEOs for their concurrence.
D. Reports on the One Stop operation will be presented to the CLEOs on a
quarterly basis.
5. Youth Council:
The WIB is charged with appointing the Youth Council in cooperation with the
CLEOs.
A. The WIB shall present the names of the Youth Council membership to the
CLEOS for their concurrence prior to their actual appointment to the
Council. The Youth Council membership will reflect the population
distribution 59/41, PDC 10/9.
B. The Chair or designated alternate will meet with the CLEO Consortium on
a quarterly basis.
Inter-Local Agreement Page 4 of 6
Workforce Investment Act
Local Workforce Investment Board
Proposed Composition
Organization NOTES
~ ~ Required One-Stop Partners not applicable
~ &' ~ ~ ~ for this region:
~' = - ,~ ~ ~ E Indian/Native American Programs
=~ '~ ~' C~ C~o= 2 ~ ~ Demonstration projects
'-~ '~ ~ ~ ~ O ~ '= C5 ~ mallNational Emergency Grant
VEC X 1 1 Employment Service, Trade Adjustment
Assistance, Veterans
Employment/Training, Unemployment
Insurance, Migrant/Seasonal Farmworkers,
NAFTA
Job Corps X 1
AAA Agency X 1 Title V
CRHA X 1 HUD Training
CAA X X 1 Youth, Youth Opportunity Grants
Reg'l Econ. Dev. X 1 1
Voc. Rehab X 2 DRS and DVH
Welfare to Work X 1 1 DSS, VIEW
Labor X 1 1
Community College X X 2 1
School Board or X X 1 Adult Education & Superintendents
Superintendent
Education 1 1 Local educational entities, including post-
secondary institutions
Community Based X 1 2
Organizations
Other X 3 At the discretion of CLEOs
Total- Non-business 8 3 15
Business X 11 16 Must be majority of board
Totals 19 3 31
53
Inter-Local Agreement Page 5 of 6
Workforce Investment Act
Shared Liability Among Consortium Members
While the City of Charlottesville is the Grant Recipient under this WIA Program (the
"Program") for Planning Districts 9 and 10 as evidenced by the signatures below of their
respective CLEOs all of the local governments named in this Agreement hereby agree to
share equally any and all liability resulting from implementation of the Program..
Effective Dates of this Agreement:
This agreement shall take effect on the date of the last signature and shall remain in effect
until the WIA is no longer in effect.
Amendment of the Agreement:
A majority vote of CLEOs is required to amend this agreement.
Planning District 9
Planning District 10
John Coates
County of Culpeper
Charles S. Martin
County of Albemarle
Larry Weeks
County of Fauquier
Virginia Daugherty
City of Charlottesville
David C. Jones
County of Madison
Stafford "Buck" Pace
County of Fluvanna
Clement L. "Sonny" Dodson Jr.
County of Orange
Kenneth Lawson
County of Greene
Charles Estes
Rappanahannock County
Edward Kube
County of Louisa
Gary Christie, Rappahannock-Rapidan Regional
Commission
Harry Harris
County of Nelson
Nancy K. O'Brien, Thomas Jefferson PDC
Inter-Local Agreement Page 6 of 6
Workforce Investment Act
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Revised Interlocal Agreement - Workforce Investment Act
(WlA)
SUBJECT/PROPOSAL/REQUEST:
Request approval of amendment to the WIA Agreement.
STAFF CONTACT(S):
Tucker, White
BACKGROUND:
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA: ACTION: X
ATTACHMENTS: Yes
REVIEWED BY.'/~~/''~--'
ITEM NUMBER:
INFORMATION:
INFORMATION:
On March 20, 2000, the Albemarle County Board of Supervisors approved an Interlocal Agreement to implement the Workforce
Investment Act (WIA) which involves a consortium of the localities that make up Planning Districts 9 and 10.
DISCUSSION:
The attached revised interlocal agreement proposes two changes. The first change is found on page 1 at the end of paragraph
7 and is italicized for your information. This addition provides for liability insurance coverage for each local government a. nd
the chief local elected officials that form the planning district consortium. TJPDC is working with the VML insurance program
to acquire a liability insurance policy.
The second addition can be found on page 6 in the first paragraph which the City of Charlottesville, being the fiscal agent, has
requested that this paragraph be added which shares liability among all consortium members.
RECOMMENDATION:
Staff recommends your approval and authorization for the Chairman of the Board to sign the Interlocal Agreement for
implementation of the Workforce Investment Act as amended.
00.141
Thomas Jefferson Planning District Commission
300 East Main Street, 1st Fl. Mall Entrance
PO Box 1505, Charlottesville VA 22902-1505
(804) 979-PD10 (7310) + FAX (804) 979-1597
City of Charlottesville
Meredith M. Richards
Nancy Damon
Albemarle County
Walter E Perkins
Sally H. Thomas
Fluvanna County
Thomas E. Payne
Leonard Gardner
Greene County
Steve Catalano
Philip Arms
Louisa County
Fitzgerald A. Barnes
Jane H. Poore
Nelson County
Harry S. Harris
Fred Boger, Chair
Executive Director
Nancy K. O'Brien
June 21, 2000
Mr. Charles S. Martin
Chairman, Albemarle County Board of Supervisors
200 Pineridge Lane
Charlottesville, VA 22911
Dear Charles:
Attached please find the revised Interlocal Agreement to implement the Workforce
Investment Act. There are two changes in the Agreement from the first draft:
1 Addition on Page 1, end of 7th paragraph: Addition speaks to securing the
appropriate liability insurance prior to distribution of funds to contracting agencies or
persons. I am currently working with the VML insurance program to acquire the
policy and expect to hear from them this week. If that avenue is not successful, I will
pursue the private market and provide the proof of insurance called for in the
Agreement prior to expending funds.
2. Page 6, First paragraph: This has been added as it was part of the original agreement
which created the district and the City, as grant recipient, requested it be included in
the Interlocal Agreement.
We need action on this agreement as soon as possible. The program comes into effect on
July 1, 2000 and the funds will become available on that date.
The local board has named itself Workforce Today! and has met twice, elected a Chair and
Vice Chair and an Executive Committee. The Youth Council is in formation. Desperately
needed are persons from PD 9, as well as businesspersons from either district and persons
representative of the ethnic diversity of the population.
Please expedite the signing of this agreement and returning the signature page to me in the
enclosed self-addressed, stamped envelope. Thank you.
Sincerely,
Nancy K. O'Brien
Executive Director
Cc: Robert Tucker
Enclosure: Interlocal Agreement
E-Mail: tjpd@state.va.us + Web Site: http://avenue.org/~pdc
Virginia Relay Center (800) 828-1120 (TDD)
RESOLUTION
WHEREAS, the Board of Supervisors, pursuant to Virginia Code Section 27-97, has adopted the Virginia
Statewide Fire Prevention Code as set forth in Section 6-200 of the County Code; and
WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27-98 to establish such
procedures or requirements as may be necessary for the administration and enforcement of the
Virginia Statewide Fire Prevention Code; and
WHEREAS, the Board of Supervisors, pursuant to County Code Sections 6-203 and 6-407, imposes fees
to defray the cost of such administration, enforcement and appeals; and
WHEREAS, the Board of Supervisors finds it is appropriate to amend the fee relating to open burning
permits.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia,
hereby amends the fee schedule administered by the County Fire Official and his authorized
assistants, as follows:
FEE SECTION
$125.00 Open Burning
per job
FEE SCHEDULE
FIRE CODE REFERENCE #
F-403.4
For the buming of land cleadng debris three (3) inches in diameter in size or greater such
as, brush, stumps, and other clean wood, to be burned at the site at which it was
generated. Permits are to be issued to the contractor performing the work and shall
include the name of the contractor, the contractor's agent who will be responsible for the
operation, a day time, night time and an emergency phone number. The permit shall be
issued for a specific location at the job site and may be moved at the direction of the Fire
Prevention Office only. The duration of the permit shall not exceed sixty (60) days. No
fee shall be charged to a property owner or property owner's employee qualified to burn
on the owner's property under the Certified Open Bum Permit Program.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the
Resolution duly adopted by the Board of County Supervisors of Albemarle County by a vote of six to zero
on July 5, 2000. ~ ' ~ t
./
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Policy Amendment to O pen Burning Permit Fees
(January 8, 1997)
SUBJECT/PROPOSAL/REQUEST:
Establishment of a waiver of the Open Burning Permit Fee
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Pumphrey, Spicer
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION: X
ITEM NUMBER:
INFORMATION:
INFORMATION:
ATTACHMENTS: 2 (Resolution; Program Outline)
REVIEWED BY: ~ ~--'-'---'---'
/,,
BACKGROUN D:
The Albemarle County Farm Bureau presented a position statement to the Board of Supervisors in January 2000 requesting
relief from the open burning permit fee. The current permit requirement is designed to help ensure that Fire Officials are aware
of planned burning activities and are able to conduct an inspection prior to burning to ensure fire safety. Since January's
meeting, staff has been working with the Farm Bureau to determine if an effective method could be developed to ensure fire
safety without the requirement for a permit fee.
DISCUSSION:
As a result of meetings with the Farm Bureau, the Fire/Rescue Division has developed a Certified Open Burning Permit
Program that will improve fire safety through education and early burn site identification and ins pection. Those who qualify
and attend a fire safety course will have the permit fee waived. Through the program, a completion card and site specific burn
permit will be issued for those who complete the course. The permit will be good for two years and can be renewed upon
recertification. While waiving the burning permit fee for those who complete the course will reduce the revenue generated by
the County, the program will also reduce staff time and improve fire safety'. Revenue loss as a result of this program is
expected to be minimal. In 1999, because of the efforts of the Fire/Rescue Division to help landowners find alternatives to open
burning, only 92 of 535 open burn permits required payment of the $125 permit fee ($11,500).
Staff developed this proposal in consultation with the Farm Bureau and they support the program as outlined in the enclosed
information.
RECOMMENDATION:
Staff recommends approval of the attached resolution allowing for the waiver of the open burning permit fee.
00.147
RESOLUTION
WHEREAS, the Board of Supervisors, pursuant to Virginia Code Section 27-97, has adopted
the Virginia Statewide Fire Prevention Code as set forth in Section 6-200 of the County
Code; and
WHEREAS, the Board of Supervisors is authorized by Virginia Code Section 27-98 to establish
such procedures or requirements as may be necessary for the administration and
enforcement of the Virginia Statewide Fire Prevention Code; and
WHEREAS, the Board of Supervisors, pursuant to County Code Sections 6-203 and 6-407,
imposes fees to defray the cost of such administration, enforcement and appeals; and
WHEREAS, the Board of Supervisors finds it is appropriate to amend the fee relating to open
burning permits.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, hereby amends the fee schedule administered by the County Fire
Official and his authorized assistants, as follows:
FEE SECTION
$125.00 Open Burning
per job
FEE SCHEDULE
FIRE CODE REFERENCE #
F-403.4
For the burning of land clearing debris three (3) inches in diameter in size or
greater such as, brush, stumps, and other clean wood, to be burned at the site at
which it was generated. Permits are to be issued to the contractor performing the
work and shall include the name of the contractor, the contractor's agent who will
be responsible for the operation, a day time, night time and an emergency phone
number. The permit shall be issued for a specific location at the job site and may
be moved at the direction of the Fire Prevention Office only. The duration of the
permit shall not exceed sixty (60) days. No_fee shall be charged to a properS_
owner or properS_ owner's employee qual!l~ed to burn on the owner's properS_
under the Certified Open Burn Permit Program.
* New language in underlined italics
General Outline of the
Certified Open Burn Permit Program
Purpose
The purpose of the Certified Open Burning Permit Program is to establish a program to maintain a high
level of fire safety without charging a burn permit fee for property owners qualified under the program.
Eli_~ibility
Any property owner or their employee(s) who wishes to burn on the property of the owner shall be eligible
for the program.
Program Outline
· To qualify for a waiver of the Open Burning Permit Fee, the person conducting the open burning
(property owner or employee) must attend a f~re safety course offered by Albemarle County
Fire/Rescue Division.
· The fire safety course will be offered at no cost.
· Upon completion of the course, a card of completion will be issued.
· Cards of completion will be issued for a two-year period and may be renewed upon recertification.
· The Albemarle County Fi~e/Rescue Division will offer fire safety courses at least twice a year.
Requirements for Waiver of the Open Burning Permit Fee
· Any person conducting an open burn must hold a current card of completion.
· The burn site must be inspected and pre-approved by the Fire/Rescue Division
· All site specific bum permits will be issued for a two-year period.
· All open burning must be done in accordance with Albemarle County regulations.
RIVANNA WATER & SEWER AUTHORITY
I:='. O. BOX 18 · CHARLOTTESVILLE, VIRGINIA 22902-OO18 · (804) 9'7"7-2S70
MEMORANDUM
TO:
FROM:
Albemarle County Board of Supervisors:.,
Jack Marshall, Chair~ffT~._
RWSA Board of Dire~ors
DATE: June 29, 2000
SUBJECT: Update: Release Into The Moormans River
At The Sugar Hollow Dam
The possibility - the desirability -- of changing the current pattern of releasing water into
the Moormans River has been an ongoing topic of discussion with the RWSA Board,
staff and consultants working on the water supply permitting process, as well as the
regulatory agencies involved in our search for a new water supply.
The RWSA Board genuinely wishes to redress the problem, inherited as a result of
decisions over many decades, that occasionally leaves the Moormans riverbed dry below
the Sugar Hollow dam so that human consumption demands can be met. We continue to
examine ways to adjust the present release pattern, and value the thoughtful and creative
proposals suggested by many who wish to help find a solution.
Put simply (though this is certainly not a simple situation), there are basically three
reasons the RWSA Board has not yet agreed to an increased release into the Moormans:
First, until new sources are available, the safe yield in our combined reservoir system will
just match our community demands for water. To ensure that the RWSA has enough
water in reserve (i.e. in the reservoirs) to meet city and county human consumption needs
during extended periods of drought, we believe we must - in preparation for the
possibility of such dry months - store every gallon somewhere in our system. Any
release of water under the current water supply situation increases the risk, if a drought
occurs, that water conservation measures would be instituted earlier (approximately 2 to
8 weeks sooner). For that reason, the Board has taken the conservative position that
water should not be released into the Moormans at the Sugar Hollow dam unless our
reservoir system is full.
Second, we do not know what impact various quantities of released water would have on
the Moormans riverbed ecology. It is not intuitively obvious, as some contend, that ahy
additional release is better than the current situation - particularly if the release could not
assure a sustained flow in the river (i.e. if the river bed would still be dry on occasion).
We would be more willing to assume the additional risk (outlined in the paragraph above)
if we knew that the increased water - even if intermittent -- played a significant role in
the Moormans' environmental health.
S:XBoardLRWA~Letters & Memos~JACK MARSHALL\Sugar Hollow MIF Update my memo for BOS 6-29-00.do¢
SERVING CHARLOTTESVILLE & ALBEMARLE COUNTY
Update: Release Into The Moormans River
At The Sugar Hollow Dam
June 29, 2000
Page 2 of 2
Third, we want to ensure that any immediate decision about releasing water at Sugar
Hollow does not jeopardize the ongoing effort to obtain permits for new water supply
alternatives. The regulators who have been reviewing the information on the permit
process have stated that the relationship between these two activities is likely to become
more apparent at the end of this current study phase in which the alternatives are being
evaluated. This study phase should be completed this fall, and the regulators suggest that
we. should examine release into the Moormans at that time. It is projected that the details
(i.e., when a release occurs, how much flow it entails), if a release into the Moormans
becomes part of the permit process, will be determined at a later time (within a year from
this fall).
Given these issues, should we do anything now to get more water in the Moormans?
The RWSA Board and staffhave recently discussed the possibility of a release of flow
from the reservoir separate from the permit process, an interim action that could be
started or stopped as the situation dictated (i.e., halted if our region is hit with a long
drought). We would be more inclined to agree to some sort of interim policy for a release
this summer if:
We understood better what benefits to the Moorman's River ecology would occur
under various release scenarios. To this end RWSA staff is contracting with an
environmental scientist to perform a preliminary analysis based on existing data. It is
hoped that the analysis can be done within 30 days and brought to the next RWSA
Board meeting (July 24).
The County Board of Supervisors and the City Council, representing the broad
community, were to support a decision to increase the release into the Moormans
River. With such a statement of support, the Supervisors and Councilors would share
with the RWSA Board the risk that voluntary and/or mandatory conservation
measures would be implemented earlier in the event of a prolonged drought.
At the July 24 meeting of the RWSA Board We will assess the information from the
environmental scientist about the ecological impact of various release scenarios, and we
will revisit our current policy to see'if any change is warranted. At that point I will let
you know our position, based on the new information, and may ask you to express your
support for an increased Moormans release with the understanding of the risk involved.
Please do not hesitate to contact me (974-6390) or Art Petrini (977-2970) if you have any
questions, or if you would like to let us know your thoughts on this issue. We would
value your input.
JM/csw
S:\BoardLRWAkLetters & MemosUACK MARSHALL\Sugar Hollow MIF Update my memo for BOS 6-29-00__.doc
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
White Hall Post Office
SUBJECT/PROPOSAL/REQUEST:
Update on 'White Hall Post Office project
STAFF CONTACT(S):
Tucker, Foley, Cilimberg, Pickart
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION: X
!
BACKGROUND:
The Board of Supervisors has requested an update on the status of the White Hall Post Office project.
DISCUSSION:
The attachments to this Executive Summary outline the current status and related events. In consultation with the County
Attorney's office we have agreed that no further Planning Commission or Board of Supervisor actions on this project are
necessary. The Planning Commission determined last year that the facility complied with the Comprehensive Plan as
long as specified conditions were met in the site plan. A preliminary site plan was approved with conditions and the final
site plan can be approved once all of these conditions are satisfied (see Attachment B).
RECOMMENDATION:
No action necessary. This is provided for information only.
ATTACHMENTS:
Attachment A: Memo to File: White Hall Post Office - Recent History
Attachment B: 6/23/00 letter to USP$ outlining outstanding conditions of site plan approval
Attachment C: Recent correspondence regarding the White Hall Post Office project
00.142
TO:
FROM:
RE:
UPDATED:
MEMO
File
Margaret Pickart, Design Planner
WHITE HALL POST OFFICE -- RECENT HISTORY
6/23/00
Attachment 1
10/5/99: Planning Commission £mds the proposed White Hall Post Office to be in compliance with the
Comprehensive Plan based upon the site plan meeting various conditions
12/8/99: Action memo to Planning Commission summarizing preliminary site plan conditions of approval
12/13/99: Tentative f'mal site plan submittal
12/14/99: PreYlminary site plan approved by Planning Commission with conditions
12/16/99: Tentative final site plan distribution
12/27/99: Memo from John Shepherd listing Zoning Department conditions for f'mal approval.
1/5/00: SPIN comments from Glenn Brooks
1/7/00: SPIN comments from Margaret Pickart regarding landscaping conditions
1/10/00: Letter from Bill Fritz to Anthony Potts asking for revised plan addressing Shepherd, Brooks, and Pickart
comments (Note: this letter was erroneously dated August 12, 1999)
1/12/00: Revised plan received by Engineering Department
2/4/00: Comments provided by Steven Snell to Anthony Potts
2/18/00: Initial contact with Donna Bennett (concerned citizen), additional contacts follow
2/25/00: Telephone conversation with Anthony Potts to discern progress on addressing comments. He indicated that
plan was approved. Staff explained that Engineering Department approval was not County approval of the plan. He
suggested that the county's review process was flawed. Staff indicated that conditions remained outstanding. He
indicated that he would send the revised plan, which planning staff obviously had not yet seen.
2/28/00: Revised plan (with revisions dated 1/5/00) received. Distributed to John Shepherd.
3/7/00: Telephone conversation with Jeff Seria (336-665-2827). He indicated that he had no interest in meeting with
concerned residents. His comments concerning site plan revisions and approvals were similar to those of Mr. Pot-ts.
He asked for a letter from the Director of Planning enumerating the outstanding conditions. He indicated he had
never received such a letter.
3/7/00: Comments received from John Shepherd, Zoning Department. Plan is not approved; outstanding comments
remain.
3/7/00: Margaret Pickart reviewed recently submitted plan, Comments remain outstanding. Plan is not approved.
3/7/00: Letter drafted and sent to Jeff Seria (USPS) outlining outstanding conditions.
4/19/00: Walter Perkins hosted community meeting at White Hall Community Center with USPS reps and County
staff, and approximately 50 White Hall residents.
4/19/00: Copy of 3/7/00 letter to Jeff Seria faxed to Keith Kendrick (USPS).
4/20/00: Date of letter received from concerned citizen Charles K. Trible.
5/1/00: Received copy of letter from Joe Jones to Keith Kendrick.
6/8/00: Date of letter received from Thomas L. yon Hemert.
6/13/00: Revised plan received in Planning Department.
6/14/00: Revised plan and lighting information received in Planning Department. Copies forwarded to Zoning
Department.
6/21/00: Comments on revised plan received from Zoning Department. Plan is not approved. Conditions remain
outstanding.
6/22/00: Correspondence received from Attorney Charles K. Trible
6/22/00: Suzie Trible visited Planning Department to determine stares of White Hall project.
6/23/00: Review of revised plan complete. Conditions remain outstanding. Comments on revised plan from
Planning and Zoning Departments sent to USPS.
COUNTY OF ALBEMARLE
Department of Planning & Community Development
40t Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4012
ATTACHMENT B
PAGE 1
June 23, 2000
Keith Kendrick
USPS
1801 Brook Road
Richinond. VA 23232
Don Mackey
USPS
PO Box 27497
Greensboro, NC 27498-1103
RE: SDP-99-165: White Hall Post Office Final Plan (with revisions dated 6/7/00)
Dear Mr. Kendrick:
Your site plan with revisions dated 6/7/00 has been reviewed. Your plan will not be approved until you
have received approval from the Department of Planning and Community Development and approval from
the Department of Building Code and Zoning Services.
To receive approval from the Department of Planning and Community Development, you must meet the
following conditions, which reference comments in our letter dated March 7, 2000 (copy attached).
As stated in comment #2, the additional maple trees should be placed in clusters. The revised plan
shows individual trees- not clusters. Revise the plan to show clusters of trees in the
recommended locanons. Revise the tree count in the landscape key accordingly.
As stated in comment #5. compact oma. mental shrubs must be added in the planting area in front
of the building. Additional ground cover has been shown in this area, but no shrubs have been
shown. Add ornamental shrubs in this area. These shrubs should be specified at 12-18" high
(rcUnimum) at planting, and should be spaced approximately 5' on center, for a total of 8 shrubs.
As stated in comment #8. the shrubs added to the screening buffer should be 18-30" high
rranimurn at planting. The legend says 18-30" high maximum. Change "maximum" to
As stated in comment #9, the number of plants proposed should be included in the landscape key.
The count of 31 ground cover plants in the revised plan appears to be inadequate to cover the area
proposed, even at 5' on center, which is an extremely wide spacing for plants of this type. Change
the number of ground cover plants to 360 minimum, which corresponds to 5' on center in the
proposed planting beds.
To receive approval from the Department of Building Code and Zoning Services, you must meet the
~bllowing conditions:
I. [32.5.6 n] Please show the location of all outdoor lighting on the plan using the graphic tbr
exterior light shown on the legend. (There appear to be 5 lights shown on the site plan and 4 lights
shown on the photometric plan.)
ATTACHMENT B
2. [32.6.6 j] The proposed parking lot light fixture can not be approved because it is not a full cut-
off fixture. It must be specified that the fixture shall be mounted ia a horizontal, not tilted, position
and be fitted with a flat, not drop, lens. Please provide a description and photograph or diagram of
each type of outdoor lummaire that emits 3,000 or more initial lumens demonstrating the fixture is
a full cut-off fixture. This information must be made part of the site plan.
3. [32.6.6 j & 4.17.4 b] Include a revised photometric plan on the site plan demonstrating that
parking area lumina/res, as described above, are in compliance with 4.17.4 b.
The applicant may elect to delete the outdoor lighting from the plan to expedite the approval
process. Exterior lighting may be added to the site later subject to an approved site plan
amendment.
Please review the comments listed above and revise the plan accordingly. Your revisions should be
resubmitted directly to the commenting department. After all approvals have been received, the £mal site
plan may be submitted for signing. For f'mal site plan submittal you will need to submit two mylar copies
of the site plan (the original and a copy for County records) along with a $325 fee and completed
application to the Planning Department. Submittals are received each Monday and the plan will be signed
within one week of submittal.
If you have any quesuons about the comments of a specific department, please contact that department
directly.
Please note that Health Deparunent approval of your project will be required prior to Building Permit
approval. It is not required for site plan approval. This intbrmation is provided to you as a reminder
because it appears that this issue has not been discussed since the Planning Commission review of your
proposal.
Sincerely,
Margaret Pickart
Design Planner
attachments
cc: Anthony D. Ports, 1 I524 Jefferson Avenue, Newport News, VA 23601
PAGE2
ATTACHMENT C
PAGE 1
Thomas L. yon Hemert
3400 Meadow Wood Lane
Crozet, VA 22932
(804) 823 - 2331
tvh3400~,.aol corn
TO:
DATE:
The Albemarle County Planning Commission
William Finley, Chairman
Tracey Hopper
William Craddock
Rodney Thomas
William Rieley
Dennis Rooker
C. Jared Loewenstein
June 8, 2000
Whitehall Post Office Building
[ am writing to you in concern about the proposed new Post Office building for
Whitehall, VA. Enclosed with this memo are some letters I wrote and received that [
beli~'~e you need to be aware of to give you some more information and insight about this
project.
I would greatly appreciate a reply to this letter.
Sincerely,
Thomas L. yon Hemert
3400 Meadow Wood Lane
Crozet, VA 22932
(804) 823 - 2331
tvh3400@aol.com
May 30, 2000
ATTACHMENT C
PAGE 2
Mr. Walter Perkins
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Dear Mr. Perkins:
I am writing to you in concern about the construction of the new Post Office
building for Whitehall. I understand and respect that you are probably receiving a large
amount of correspondence about this subject that has been divisive, critical and bias
depending on each person's individual view on this issue.
My main concern is the effect that this issue is causing within the Whitehall
Community. Because of the lack of clear and proper communications from the United
States Postal Service about requiring community input for a new Post Office building
from the beginning the effect has been, what I believe, disastrous and contemptuous. !
am sadden to hear that this situation has become personal and political when I hear about
the rumors, distrust, misunderstood facts and fiction, and even threats towards friends and
neighbors. The worst thing about this is that I believe that most people want the same
thing, to keep a Post Office in Whitehall, but weren't given the chance to be heard.
There are now different petitions from varying points of view that are being
collected around the community. [ am not sure what the end result will be, but if this
process ofmiscommunication and distrust continues there will be no winner, no matter
the location or design of the Post Office building. The fact is no matter ~vhat any petition
says the core community of residents didn't have a say in the planning for their own
village--and the public has been left out of the process.
The easy part is to complain about a problem, but that doesn't help you or anyone
else. I have only hoped for a Win/Win situation where everyone is satisfied, or at least
everyone felt that they were give a due and proper chance to voice their concerns and
ideas. That is why I believe that we need to focus on the process, not on the final
outcome. My suggestion is that you schedule (I would be glad to help) a community
meeting, that is xvell organized, advertised, and given enough proper notice to the
residents around this area, to review the entire process. I believe that this meeting needs
to lead by a professional moderator ~vho can sho~v and lead an unbiased meeting.
would greatly appreciate a reply to this letter.
Enclosures
cc: Albemarle County Board of Supervisors
Sincerely,
Thomas L. yon Hemert
3400 Meadow Wood Lane
Crozet, VA 22932
(804) 823- 2331
ATTACHMENT C
PAGE 3
May 30, 2000
The Honorable Thomas Bliley
Member of Cong'ress
491 Fitzhugh Avenue
Richmond, VA 23230-3534
Dear Congressman Bliley:
[ am writing back to you in response to your letter, dated May 1 I, 2000 (letter
enclosed). I am greatly concerned and frustrated that you state in your letter to me that
"certain procedures regarding public notification were not followed," but still support and
allow this project to continue without proper review. I respected and understand that
there will always be differences between people and that you can't please everyone, but
when rules, procedures and regulations are not followed, then there is something
seriously wrong.
How can you admit and state that there was failure in proper notice and
community input and then allow this project to continue as planned? Why have any
rules and regulations if they are not followed? I do not understand how you justify your
support for these abuses and inconsistencies that have only caused mistrust and
frustration for our community, the Postal Service, and you!
I am curious about what documentation you were given that shows "an
over~vhelming mai ority of the residents .... support the postal plans." The proper forum
for review of this project would have been at a meeting at the initial stages of the project
that never took place, but was called for in the USPS Regulations.
The issue for this new Post Office building is not only the location and design, but
the need for a larger facility. The current facility is under-utilized and Whitehall is not a
future ~owth area (documented by the Albemarle County Comprehensive Plan). I know
there is need for a new Post Office because the current lease was not renewed. My
question/concern is: where is a developed documented business plan that demonstrates
and justifies the Postal Services decision to spend over $150,000 of our tax dollars (not
including any costly future overhead expenses) for a new over-capacity building?
There ~vere many creative community ideas that were expressed at the Whitehall
Community Center meeting on April 19, 2000 that could provide the same ~eat postal
service at a fraction of the cost and also enhance our community too. I am sorry those
ideas were not shared with you by the Postal Service.
I would greatly appreciate a reply to this letter.
Sincerely,
Thomas L. yon Hemert
COMMITTEE ON COMMERCE
ousc oF pr ntatio s
ATTACHMENT C
PAGE 4
I.-48001-438-3 ,"93
CULPEPER OFFICE
SUITE
763 MADI$O"d
CULPEPER. VA 2272 ?-33a 2
Mr. Thomas yon Hemert
3400 Meadow Wood Ln
Crozet, Virginia 22932
Dear Mr. yon Hemert:
Thank you for your letter regarding the proposed postal
facility in Whine Hall, Virginia. I appreciate you taking the
.~l~'n~ cc. snare your concerns wzuh n',~ o~1 ~his issue.
White Hall residents have contacted my office as well as Mr.
Keith Kendrick, Manager of A~ministrative Services at the
Ricb_mond district office of nhe United States Postal Service
(USPS), no express their op!nions on the postal project. In your
letter no me, you voiced your opposition to the plans citing
concerns over the appearance and location of the new building in
addition to the lack of public input in the process. I
understand from some residents and postal officials that certain
procedures regarding oublic notification were not followed.
An overwhelming majoriny of the residents who have recently
submitted their opinions, however, support the postal plans.
Whi!e-the USPS does inuend ~o complete the projecU, i have been
assured by )Ir. Kendrick that nhe USPS will be sensitive to
concerns relating no !ighuing, landscaping, and 24 hour service
proposals. - have enclosed for your review the letters I
received from Mr '=~~
. K ........ K and Mr. Mitch King, Government
~ ~ions for PS. r
Re_a= Manager the US _ remain hopeful that this
manner will be resolved favorably for the White Hall community.
Sincere!v,
Tom B!iley
l.~ember of Congress
TB. emi~.
Enclosures
ATTACHMENT C
Harry Levins
5837 Via Lane
Crozet, VA 22932-1813
Work: 293-9104
Home: 823-1664
E-mail: hlevins~cfw.com
PAGE 5
RECEIVED
IAY 0 4 2000
PLANNING
COMMUNI'P! DEVELOPMENT
May 3, 2000
Bobby Abernathy
Manager of Postal Operations
Post Office Box 1996
Staunton, VA 24402-1996
Keith W. Kendrick
Manager of Administrative Services
United States Postal Service
1801 Brook Road
Richmond, VA 23232-9991
Wa~vne Cilimberg
Director of Planning
Albemarle County Office Building
401 Mclntire Road
Charlottesville, VA 22902-4596
Walter Perkins
County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Dear Messrs. Abemathy, Cilimberg, Kendrick, and Perkins:
I am writing to you about the White Hall Post Office and the April 19th meeting
you attended. First, thank you for coming to the meeting and being so patient with those
who attended. Second, I wish to frame the discussion slightly differently from the major
obj:~ctions presented on April 19th,
One issue discussed on April 19th was that of"who knew what when." A number
of people claimed that "the process" was not followed and that they were not aware of the
proposed changes. Others claim that notices were published, heatings were held, and that
any interested party should have spoken up sooner. I think that what the first ~oup was
trying to say ~s that they were not aware of certain aspects of the proposed changes.
Personally, I knew that the Post Office was going ro move and that several individuals
had submitted bids to lease land to the Post Office. On the other hand, I was unaware
that the new Post Office would be so radically different from our current one. [ had
assumed--wrongly--that the new Post Office would be a relative one-for-one
replacement of the old.
The current Post Office is a 75 square foot cage in an existing store. The
proposed Post Office is a 750 square foot building on a (very approximate) 7,500 square
foot site. The new Post Office is not ten rimes larger than the old one, it is 100 times
larger, when the entire sire is factored in. When the old Post Office is abandoned, the
ATTACHMENT C
PAGE 6
store and its parking lot will still be there. White Hall will only have lost a 75 square foot
space. But the village will have "gained" a new 7,500 square foot Post Office site.
What I think almost all opponents of the current plan agree upon is that the scale
of the proposed Post Office is too large. Mr. Abernathy, I believe that you are doing
your best to improve service to your area's customers. I appreciate the service-oriented
nature of your goal of providing 24-hour service at all Post Offices. But I also believe
that a significant majority of those interested in the White Hall Post Office issue do not
want 24-hour service with its accompanying nighttime lighting. This is a significant
expansion of service. We do not want a huge paved parking lot, with nine parking
spaces. This is, again, a huge expansion of service, one that historical data on the average
and maximum number of visitors to our Post Office would prove is unnecessary.
In sum, I ask that the U. S. Postal Service scale back its design to one that
accommodates White Hall's needs and future growth but does not overwhelm this tiny
village with a huge site, 24-hour service, and nighttime lighting. A modular unit open
during regular business hours, located on a small paved lot with perhaps a half dozen
parking spaces, without lighting, but with all of the proposed landscaping would be much
more appropriate for White Hall. It would also cost the Post Office less money. A non-
modular unit, ~.e., a constructed building, would be even better, although this would, of
course, increase the cost.
Again, thank you for taking the time to attend our community forum on April
19th. It is clear that all of you have been approaching this issue with the best of
intentions, i.e., trying to improve service to our community. I am hoping that you will
work with the White Hall community to optimize the plan to the benefit of both white
Hall and the Postal Service.
Sincerely,
- ATTACHMENT C
PAGE 7
Keith W. Kendrick
1801 Brook Road
Richmond, Virginia 23232-9991
April 24, 2000
Dear Mr. Kendrick,
I just want to inform you of what we have done to prepare the site for
the postal building. After the two public hearings before the planning
commission the site plan was given preliminary approval. The real estate
division contacted us in November to secure the storm water management
agreement and permit. We signed the agreement and paid the $400 permit
fee in December and sent copies to the real estate division. In January
they sent us the ground lease agreement which we signed and sent back to
them. Based on the lease signing we withdrew the lot from land use
taxation and paid $1200 in roll back taxes. Myself and two employees
removed the equipment shed that was on the site. Thus we have paid
expenses around $2000 to have the site ready for the building.
Also for your information, a petition to put the modular building on the
site is available for signing in the area. As of this writing, April 24, there are
abou~ 75 names on the petition. I hope you will quickly follow through with
the Albemarle Planning Department to get the final site plan so the building
can be installed. I have had numerous people say that they will use the
postal services more once it is a separate building.
Irely'
H. Jones
RECEIVED
.,O~wMiJNITV ~EVELOPMEN t
ATTACHMENT C
PAGE 8
CHARLES K. TRIBLE
ATTORNEY-AT-LAW
2523 DRAMMEN PLACE
RICHMOND, VA 23233-6614
804-360-4460
April 20, 2000
Board of Supervisors
County of Albemarle
Charlottesville, VA 22903
Ladies & Gentlemen:
Pursuant to the Virginia Freedom of Information Act, this is to request copies of
all correspondence between the United States Postal Service and the County of
Albemarle, pertaining to the White Hall post office relocation and dated prior to January
1, 2000. Specifically, I am interested in obtaining copies of correspondence by which
the United States Postal Service advised the County of its need to relocate and the
plans and procedures it would follow in doing so. According to the current regulations of
the Postal Service a letter would initially be sent by the Postal Service to the County
Board, County Executive or other official concerning the relocation proposal. In addition,
I request a copy of any minutes of the Board of Supervisors involving this issue.
Subsequent correspondence has occurred between the Postal Service and the
Pi~nning Commission regarding this issue and I also desire copies of such exchanges. If
the volume of correspondence nvolved is extensive, please notify me of the cost of
copies prior to preparing them. I am representing a landowner in White Hall seeking to
ascertain the nature of commitments made by the Postal Service to the County
concerning this relocation.
Your cooperation is appreciated.
Sincerely,
Charles K. Trible
BOARD OF SUPERVISOrs
$;~TR:~:J'"'£2: ?'- J.'2...,/!2. -.,.:., ·
ON ...,/ */ ,1 ¢ ,
t. narles rt. I rmle
Attorney-at-Law
2523 Drammen Place
Richmond, VA 23233-6614
804-360-4460
ATTACHMENT C
PAGE 9
June 22, 2000
Mr. Wayne Cilimberg
Director of Planning
Albemarle County Office Building
401 McIntyre Road
Charlottesville, VA 22902-4596
Dear Mr. Cilimberg,
Subject: White Hall Post Office
I enclose the original and six signed copies of a Petition for
Reconsideration on behalf of Viola S. Bruce of White Hall, whose
property adjoins the site selected for the modular post office
facility. I request that you distribute a copy to each member of
the Planning Commission. I anticipate preparation of a Brief in
Support of the Petition that I will forward as soon as possible. I
would like the opportunity to appear before the Commission at a
convenient scheduled meeting to discuss the concerns of my client.
r~will contact you in the near future to schedule this appearance.
Sincerely,
Charles K. Trible
Enclosures (7)
cc:Mr. Robert W. Tucker, Jr.
County Executive
Albemarle County Office Building
401 McIntire Road
Charlottesville, VA 22902-4596
ATTACHMENT C
PAGE 10
VIRGINIA: BEFORE THE PLANNING COMMISSION OF THE COUNTY OF ALBEMARLE
PETITION FOR RECONSIDERATION OF ACTION TAKEN APPROVING LOCATION OF
UNITED STATES POST OFFICE AT WHITE HALL, VA ON LOT ADJOINING ROUTE
810 TAX MAP NO. 41-00-00-33 (TAX MAP 41 PARCEL 33).
VIOLA S. BRUCE,
Petitioner
TO THE HONORABLE MEMBERS OF THE PLANNING COMMISSION:
Your Petitioner respectfully requests that the Commission reconsider
its decision to grant preliminary approval to a site plan submitted
by Joe and Mollie Jones and prepared by A. D. Potts & Associates,
Newport News, VA dated July 8, 1999 for a modular building to be
constructed for use as a United States Post Office on the referenced
lot. In support hereof your Petitioner represents as follows based
on information and belief and documentation provided by Albemarle
County offices:
That the Albemarle County Comprehensive Plan prepared in
accordance with Section 15.2-2232, Code of Virginia, requires
that no public facility shall be authorized unless the
location, character and extent thereof is in accordance with
the adopted comprehensive plan.
That the proposed postal service facility does not meet said
requirements because it will introduce a much higher level of
activity into a rural area than presently exists, does not
provide a necessary public service but is duplicative of more
extensive existing postal services within a several minute
drive from the site, is incompatible with the rural character
of the community, fails to protect the scenic resources,
historic resources, and cultural resources of the community and
exceeds the level of activity contemplated by the provision for
a limited service delivery facility.
That the minimum lot size necessary to support the requisite
sanitary facilities consisting of a well for water supply and a
septic tank and field for sanitary disposal is 60,000 square
feet as providedby Albemarle County sanitation regulations.
o
That the lot in issue does not meet the minimum size when
measured exclusive of the adjoining paved area constituting
State Route 810 as it consists of 60,352 sq. ft. including
approximately 4,800 sq. ft. under the Rt. 810 pavement and
o
· ATTACHMENT C
PAGE 11
2,221 covered by the existing easement for a 15 foot right-of-
way, leaving 53,331 sq. ft. for sanitary utilization.
That it is inconsistent with the purpose and effect of the
regulations to permit the paved roadway area to be counted as
part of the available area since it can neither support nor
contain either of the necessary sanitary facilities.
That the preliminary approval requires a further dedication of
land to roadway by easement to increase the right-of-way to 25
feet with an additional amount in the radius of Rt. 810,
thereby rendering the parcel smaller by an additional 4,457 sq.
ft. leaving 48,874 for sanitary utilization.
That the proposed facility does not meet the requirements of
Section 32 of the Zoning Ordinance.
In consideration hereof, your Petitioner prays for reconsideration
of the action by which the Commission granted temporary approval to
the site plan and further prays that the Commission reject the plan
and deny approval following reconsideration.
Respectfully submitted,
Viola S. Bruce,
By Counsel
Charles K. Trible, Attorney
2523 Dr~men Place
Richmond, VA 23233-6614
804-360-4460
Dated: June 22, 2000
Delivery by Hand to Commission
Delivery by Mail to Mr. and Mrs. Jones
ALEXANDRIA: (703) 684-8007
BLACKSBURG: (540) 961-2762
CHARLOITESVILLE: (804) 971-7771
NORFOLK: (757) 624-1454
RICHMOND: (804) 783-2003
T 'ECT,AIR RYAN
A P~.O~SS~ONAL CORPORATION
ATTORNEYS AT LAW
INNSBROOK CORPORATE CENTER
4201 DOMINION BOULEVARD, SUITE 200
GLEN ALLEN, VIRGINIA 28060
TELEPHONE: (804) 270-0070
FACSIMILE: (804) 270-4715
ROBERT A. OMBERG
DIRECT DIAL: (804) 968-2989
INTERNET: romberg@leclairryan.corn
FiLE NUMBER: 3048.412
June 16,2000
BY FIRST CLASS MAIL
Forest R. Marshall, Jr.
Chairman Board of Supervisors
Albemarle County
401 McIntire Road
Charlottesville, VA 22902-4596
Re:
Virginia State Corporation Commission Case No. PUEO00231
Petition for a Declaratory Judgment
Dear Mr. Marshall:
Pursuant to the Virginia State Corporation Commission's Order of May 23,
2000, in the above matter, I am enclosing a copy of the Order Inviting Responses
and Requests for Hearing and the Petition. Also enclosed is the Petition for
Declaratory Judgment and the accompanying materials filed by the Virginia
members of the Virginia, Maryland & Delaware Association of Electric Cooperatives
and Old Dominion Electric Cooperative.
Please refer to the enclosed Order if you have any questions, and feel free to
call us if you need anything further.
Sincerely,
Robert A. Omberg
RAO/bhc
Enclosures
BOARD OF SUPERVISORS
From:
Subject:
Date:
Members, Board of Supervisors ~4
E la Washington Carey, CMC, ~~C~
Reading List for July 5, 2000
June 15, 2000
February 9, 2000
March I, 2000
March 15, 2000 (A)
March 20, 2000 (A)
March 22, 2000 (A)
April 12, 2000
April 19, 2000
May 3, 2000
/ewc
Mr. Dorrier
Pages I- 17 (end Item 10) - Mr. Dorrier
Pages 17 (Item I 0) - end - Ms. Humphris
Mr. Bowerman
Ms. Thomas
Mr. Martin
Mr. Dorrier
Ms. Humphris
Pages t-22 (end at Item #9) - Ms. Thomas
Pages 22 (beginning at Item #9) - end - Mr. Perkins
David P. Bowerman
Linclsay G. Dottier, Jr,
Charlotte Y. Humphris
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-5843 FAX (804) 296-5800
Chades S. Martin
[{ivanna
Walter E Perkins
White Hall
Sally H. Thomas
Samuel
July l4,2000
Ms. Angela G. Tucker
Resident Engineer
701 VDOT Way
Charlottesville, VA 22911
Dear Ms. Tucker:
At its meeting on July 5, 2000, the Board of Supervisors took the following actions and
comments regarding transportation matters:
· Lake Albemarle Road (Route 675) "Children at Play" sign. ADOPTED the attached resolution.
· Lake Reynovia Subdivision "Children at Play" signs. ADOPTED the attached resolution.
· Woods Edge Road Speed Limit Signs and "Children at Play" signs. ADOPTED the attached
resolution. .
· Installation of pedestrian/security lighting at the intersection of Ricky Road and Middlesex Drive,
and at the intersection of Northfields Road and Rolling Road. APPROVED the lighting proiects for
funding from the Streetlighting CIP Program.
· Ms. Tucker stated that there will be a Citizen Information Meeting on Wednesday, July 19, 2000,
between 5:00 p.m. and 7:00 p.m., at the Double Tree Hotel, to review the proposed plans for the
next phase of the widening of Route 29. Ms. Humphris had some concerns about the meeting was
advertised in The Daily Progress. She also expressed concerns about turning Route 29 into a
limited access highway.
· Mr. Cilimberg said he would provide an updated report and statement, for the July 12th agenda, for
the Primary Road Pre-allocation Hearing to be held in Culpeper on July 25th.
· In response to Mr. Perkins, Ms. Tucker said VdoT is in the process of putting together the contract
for painting the Advance Mills Bridge. They will also take care of the damage to the abutments
between now and when the painting is done.
· Mr. Dorrier said he would like to meet with Ms. Tucker to look at the plans for the entire Route 20
SoUth Corridor.
· Ms. Thomas said the Rivanna Trails Foundation learned that some of the old metal tress bridges,
when they are taken down by VdoT, can possibly be made available for pedestrian bridges. She
asked Ms. Tucker to get back with her with some information.
Ms. Thomas said she received a letter from a resident who lives on the unpaved section of Dicks
Wood Road. He stated that when the road is paved, there will continue to be ioggers and bicyclists
who use the road. She asked if the contract will include paved shoulders. Ms. Tucker said VdoT
should be awarding the contract within the next week or so; she can look at what the additional
expense will be and how it can be added to the contract.
Printed on recycled paper
Ms. Angela G. Tucker
July 14, 2OOO
Page 2.
fZWC
CC:
Mr. Perkins asked if Ms. Tucker would start providing the Board with updates on the status of
construction proiects.
Mr. Bowerman handed Ms. Tucker a sketch of a situation at the light at Old Brook Road, Hillsdale
Drive and Northfields Road. He explained the configuration of the light and left turn situation, and
asked VdoT to look at the problem.
Sincerely,
~ W. ~arey, Clerl~, t~vtt~ ~-~.
Robert W. Tucker, Jr.
Tom Foley
V. Wayne Cilimberg
Juan Wade
CHARLES D. NOTI'INGHAM
COMMISSIONER
COMMONWEALTH o[
DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER, VA 22701-3819
DONALD R, ASKEW
DISTRICT ADMINISTRATOR
July 7, 2000
Route 29
Project 6029-002-F21, PE 101,
RW201, C501
Fr: 0.10 Mile (0.17 km) N. Route 643
To: 0.18 Mile (0.30 km) N. Route 649
(Airport Road)
Albemarle County
Ms. Ella W. Carey
Clerk
401 Mclntire Road
Charlottesville, Virginia 22902
Dear Ms. Carey:
A Citizen Information Meeting will be held fOr the above mentioned projeCt on
Wednesday, July 19, 2000 between 5:00 p.m. and 7:00 p.m. in the Double Tree Hotel located at
990 Hilton Height Road in Charlottesville, Virginia.
The purpose of this meeting is to review the proposed plans for the widening of Route 29
from 0.10 (0.17 km) north of Route 643 to 0.18 mile (0.30 km) north of Route 649 (Airport
Road) in preparation for the Location and Design Public Hearing to be held in the very near
future.
A copy of the map and public notice is enclosed.
Robert H. Connock, Jr., P.E.
District Construction Engineer
RHCjr:wlr
pc: Mr. M.. W. Coffey
Ms. A. G. Tucker
~ .'-~,m~ OF SUPERVISORS
WE KEEP VIRGINIA MOVING
ROUTE 29
Albemarle County
Meeting:
W~inesday, luly 19, 2000 * Between 5:00pm and 7:00pm
Double Tree Hotel located 990 Hilton Height Road,
Charlottesville, Virginia.
Pu,rpose:
Citizen InformaXion Meeting to review the proposed plans
for the widening of Route 29 from 0.10 mite (0.17 km) north
of Route 643 to 0.18 mile (0.30 kin) north of Route 649
(Airport Road) in preparation for the Location and Design
Public Hearing to be held in the very near furore.
special Assistance:
If you require additional imf. ormation or special assistance to
a~end and participate in thi:~-aeefing please contact:
Charto~e Residency: (804) 293-0020
Device for the Hearing Impaired Cfi)D): 1-1t00-307-4630
V~tgm~a Oepartmen~: of Trant~ortation '
Project: 6029-002-}-'21, PEIOI, RW201, C501
Federal Project: STP-037-2 (), STP-029-7 ( )
Route 29 Widenin
Albemarle ComnW
To Ruckersvilie
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VDO'T ProjeC~ Number:
6029-002-F21, KW-20 i, C-501
Federal Project Number:
STP~037-2 ( )
STP-029-7 ( )
From: 0.i68 ~ north of Rte. 643
To: 0.295 km north of Rte. 649 (Airport Rd.)
Leng&.: 4.076 km
Vir~'nia Dcpa.nm~ of Tr~. o~mion
Oun-29-O0 05:32P Fitness
David Bowerman
County Supervisor
401 Berwick Court
Chadottesville VA 22901
Gallery Inc.
804-973-0302
PO Box 424
Earlysvill¢ VA 22936
June 24 2000
Dem' Supervisor Bowerman:
This is to request your assistance in what I consider to be a very serious traffic situation
on Route 743. This road has clearly become an alternate to Route 29 for large trucks and
other noisy tra~c. In addition to the congestion, there are the issues of speeding, loud
sound systems and exhausts, as well as constant tailgating.
My husband an I moved here in July, 1999, and have become increasingly aware of these
safety bazords while attempting to enter or leave our property at 3000 Earlysville Road.
Please know that we consider this situation to be an urgent matter, which needs
immediate attention.
We thank you for your support.
Sincerely,
Sarah S. Austin
CC: Delegate Paul Harris
P.01
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Living With Water Program Report
SUBJECTIPROPOSAL/REQUEST:
Information on the outcome of the waterway buffer education
program
STAFF CONTACT(S):
Messrs. Tucker, Foley, Mawyer, Bowler, Hirschman
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION:
ATTACH M E NTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION: X
INFORMATION:
Vegetated waterway buffers can help filter runoff and reduce stream bank erosion. Such buffers contribute to protection of
drinking water, local stream health, and the Chesapeake Bay. Most education efforts regarding waterway buffers are directed
at farmers with fewer efforts directed to other landowners. However, in Albemarle County, non-agricultural and residential
landowners account for many miles of our streams, ponds, and reservoirs. In the spring of 1999, the Department of Engineering
and Public Works received a grant from the U.S. Department of Agriculture (USDA) Urban Forestry Program. The purpose
of the grant was to educate residential landowners about the importance of waterway buffers and techniques for establishing
such buffers. In September 1999, while allocating the funds to create a cost-center for the grant, the Board of Supervisors
requested a follow-up report describing the outcome of the program.
DISCUSSION:
The program included three elements: demonstration plantings, a public education event, and design and distribution of a
brochure. A total of eighteen volunteers assisted in two buffer plantings (October and April) at the Magruder Dent, Jr. Rowing
Center on the South Fork Rivanna Reservoir (SFRR). With the moist conditions this spring, plant survival has been high. As
an additional benefit, the gardeners at the Rowing Center have established an additional buffer area on their own initiative and
the Rowing Center's upstream neighbor has planted a buffer as well.
A set of workshops on strategies homeowners can use to protect water resources was presented to interested citizens (free
of charge) on 10 June 2000. The event was promoted through a number of outlets, but the most successful was a direct mailing
to homeowners along Ivy Creek, the Mechums River, or their tributaries. These watersheds are believed to contribute a large
portion of the sediments entering the SFRR. Eighty citizens attended the event and others learned of it through television and
newspaper coverage. At'least 56 attendees have county streams or rivers on their property and six live on SFRR.
At the public event, a new brochure on waterway buffers (attached) was introduced and distributed. The brochure will be mailed
to 400 landowners with large stretches of streams in the Ivy Creek and Mechums River watersheds on their property. A black
and white version of the brochure will be sent to building permit applicants with streams on their property.
As part of the program, a "Living With Water" logo (see last page of brochure) was developed that we hope will come to be
recognized as a symbol and reminder of Albemarle County's efforts to protect water quality. Promotion of the program benefited
from television stories on five different occasions, a newspaper story, and mention in several local organization newsletters
and email lists.
The success of .the program can be attributed to the grant partners including the Thomas Jefferson Soil and Water
Conservation District, Magruder Dent, Jr. Rowing Center, and Rivanna Water and Sewer Authority. The program was funded
by the USDA with additional support from the Virginia Department of Conservation and Recreation.
00.132
Living with Water
WATERWAY BUFFER ZONES
IN ALBEMARL. E COUNTY
g with Wa
Stream and Reservoir Buffer
ter
Zones are Good for You,
Good for the Environment, and Addressed by County Code.
What is a buffer zone?
"Buffer Zone" refers to an area of vegetation
next to a stream, reservoir, or pond that is
managed and protected. The wider the
buffer, the better. At a minimum, buffers
should be 25 to 35 feet wide, 35 feet being
the goal of the Virginia Department of
Forestry. Wider buffers are required in many
places.
A healthy buffer zone consists of:
Trees that hold stream banks in place and
shade the water,
Shrubs that provide food and cover for
wildlife, and
Ground Cover, such as grasses and native
plants, that cover the soil and minimize
erosion.
Why are buffer zones good for the
landowner?
Buffer zones save land from erosion along
the edge of a stream or pond. Buffers can
also reduce flooding, attract wildlife, provide
cleaner water for you and your neighbors,
enhance the aesthetics of your land, and
increase property values.
The Ra~ed Mountain Reservoir has an excellent
Why are buffers zones good
for the environment?
Buffer zones help protect tile waterway in
your backyard, local drinking water
reservoirs, and the Chesapeake Bay.
Buffer zones
· keep pollutants out of streams and
reservoi rs,
· filter sediment to extend the life of local
water supplies,
· provide critical shade and habitat for
fish and other aquatic life,
· allow wildlife to move up and down
stream valleys.
How can landowners create
buffer zones?
There are different ways to establish and
manage buffers zones to suit the character
of the land and preferences of the
landowner. In all cases, the buffer should be
managed in a way that avoids soil or bank
erosion. Consider the following options:
Keep the Forest: If your existing buffer
zone is currently wooded, keep it that
way. You can manage your buffer for
maximum forest health by consulting a
forester or the Virginia Department of
Forestry.
Let It Grow: If there is no existing forest, simply stop
mowing in the buffer and let nature take its course.
The buffer zone will have a "wild" look, at least until
a tree canopy is established. You can selectively
remove "invasive" plants, such as honeysuckle, wild
rose, autumn olive, and tree-of-heaven. This clearing
will result in a buffer that looks less tangled and
vi ney.
Plant New Trees & Shrubs in the Buffer: In this way,
you can choose plants that appeal to you and help
the buffer. You can plant nursery stock or seedlings,
depending on your budget and the size of the buffer
area. To protect your investment, you must plan to
maintain the plantings for several years until they
are well established. Use native plants - they are
adapted to this region, require less maintenance,
and will not create nuisance problems for you and
your neighbors.
Create a Wildflower Meadow: You can establish
attractive stands of wildflowers and native plants
interspersed with shade trees. Trees and shrubs will
be needed on the water's edge to prevent erosion.
Many landowners prefer the clean and open look
of turf grass. However, turf grass maintafiTed right
up to the water's edge (whether along a stream or
pond) cannot provide ail the benefits of a stream
buffer. The root system of turf is not deep or
strong enough to resist erosion alon~ stream
banks and pond edges.
How can I maintain access to the water and a
view while preserving the buffer?
[] Paths or limited views can be compatible with
buffers and encourage observation and appreciation
of buffer areas and water bodies. Paths might
approach the water body at
a few points, but should not run right
along the bank of the water body.
[] Views can be maintained by "limbing
up" large trees or planting shrubs and small
trees that provide buffer functions but have a
Iow profile.
James River near Scottsville.
Canoeists on the South Fork Rivanna Reservoir. The reservoir
benefits from a healthy buffer along its shores. Healthy buffers
along the streams that flow to the reservoir are essential as well.
~ tHOMAS JEFFERSON
j ~'~.._.~Soil and Water
For more information contact:
Albemarle County
Department of Engineering and Public Works
Water Resources Manager
401 Mclntire Road
Charlottesville, VA 22902
(804) 296-5861
h ttp://www, a l bemarle, org
Thomas Jefferson Soil and Water Conservation District
(804) 975-0224
Virginia Cooperative Extension
Charlottesville-Albemarle Unit
(804) 984-0727
Funding prowded by the Urban and Community Assistance Virginia Department of Forestry
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY.!
AGENDA TITLE:
Compensation of Boards and Commissions/Equalization
of Pay Ordinance
SUBJECT/PROPOSAL/REQUEST:
Request Approval Of Increase In Compensation for
Members of the Planning Commission, as well as Boards
and Commissions Subject To County Equalization Of Pay
Ordinance
STAFF CONTACT(S):
MeSsers. Tucker, White, Foley
AGENDA DATE:
July 5, 2000
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
The County Code sets compensation for members of County boards and commissions which are authorized by state
statute. County Code Section 2-401 sets an annual salary of $3,300 for all members of the Planning Commission (except
for the non-voting representative of the University of Virginia), and authorizes an additional stipend of $1,200 per year for
the Planning Commission chairman. Additionally, the "Equalization of Pay" provision in the County Code (Section 2-1105)
specifies that all members of the following citizen appeal boards receive $35 for each regularly scheduled meeting
attended: the Board of Zoning Appeals (BZA), the Building Code Board of Appeals (BOCA), the Board of Equalization, the
Fire Prevention Code Board of Appeals and the Land Use Tax Advisory Board.
School Board salaries are set by State Code (Section 22.1-32) at $3,300 per year for each member. The School Board
chairman also receives an additional $1,100 per year, the maximum allowed by the State Code.
There have been no changes to the compensation rates for Planning Commissioners, School Board members, or the other
boards and commissions listed above since 1990.
In 1990, the General Assembly approved an increase in School Board salaries from $2,400 per year to $3,300 per year,
based on a the 38% calculated increase in salary received by the Board of Supervisors from 1978 to 1990. That same
year, the Board approved an increase in the annual salary of Planning Commission members from $2,400 per year to
$3,300, to maintain planned commonality with School Board members.
Additionally, in 1990, the Board approved a pay increase for members of boards and commissions subject to the County's
Equalization of Pay ordinance. The per meeting rate Was increased from $25 to $35, based on the same 38% cost of
living increase applied to School Board and Planning Commission member compensation.
DISCUSSION:
Since compensation rates for boards and commissions have not been increased since 1990, staff is requesting a cost of
living adjustment to current compensation rates for members of the Planning Commission and the boards and
commissions covered by the County's Equalization of Pay ordinance. As before, this cost of living increase would be
based on the cumulative percentage increase in Board of Supervisor salaries, which have grown by 24% since 1990 (from
$8,688 in FY 90/91 to $10,777 in FY 00/01.)
Based on this cost of living adjustment, Planning Commissioner salaries would increase from the current rate of $3,300 to
$4,100 per year, and the Planning Commission chairman's stipend would increase from $1,200 to $1,500. Similarly, the
per meeting rate set by the Equalization of Pay Ordinance would increase from $35 to $45.
The 24% proposed compensation increase is consistent with inflation, which is projected to have grown by approximately
30.3% Since 1990. Additionally, the $4,100 proposed Salary for Planning Commission members is consistent with the
AGENDA TITLE:
Compensation of Boards and Commissions/Equalization of Pay Ordinance
July 5, 2000
Page 2
average rate of pay for Planning Commissioners from neighboring localities and localities of a similar size or growth rate.
The average annual salary among these localities is $4,020 per year, which compares favorably to the $4,100 proposed
base salary for County Planning Commissioners. (A comparison of Planning Commissioner salaries is presented in the
attachment to this Executive Summary.)
RECOMMENDATION:
Based on this review, staff recommends that the compensation for Planning Commission members be increased from
$3,300 per year to $4,100, and that the Chairman's stipend be increased from $1,200 to $1,500 per year. Additionally,
staff recommends that the per meeting rate set out in the Equalization of Pay Ordinance be raised from $35 to $45, based
on the cumulative increase in Board of ,Supervisor salaries since FY 90/91. Staff also recommends that the Architectural
Review Board (ARB) be added to the citizens board list identified in the Equalization of Pay Ordinance.
Staff further recommends that should the Board approve these recommendations, that a public hearing be set on two
ordinance amendments to the County Code. The first ordinance amendment would amend section 2-401 of the County
Code to increase the salary of Planning Commission members. The second ordinance amendment would amend section
2-1105 of the County Code to increase the per meeting compensation set out in the Equalization of Pay ordinance. The
earliest possible date for this public hearing would be August 2, 2000.
Finally, staff supports and recommends that the School Board consider initiating a request to the 2001 General Assembly
to increase the School Board salaries.
00.138
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Tax Relief for Elderly and Disabled Maximum Eligibility Limits
SUBJECT/PROPOSAL/REQUEST:
Information for Discussion of Tax Relief for Elderly and
Disabled Maximum Eligibility Limits
AGENDA DATE: ITEM NUMBER:
July 5, 2000
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: IN FORMATION:
ATTACHMENTS:
STAFF CONTACT(S): X
Tucker, White, Gulati, Bittle REVIEWED BY:
BACKGROU N D:
State Code sections {}58.1-3210 to §58.1-3218 authorize localities to providereal estate and mobile home exemptions for tax
payers who qualify under age, financial or medical guidelines. To be eligible for the program, tax payers must own their own home
or mobile home and meet all of the following criteria:
· The person claiming the exemption must be either 65 years of age or older or be medically diagnosed as permanently
and totally disabled;
· The claimant must occupy the dwelling as the person's sole dwelling; and
· The total combined income of the household must be $30,000 or less and the total combined net worth (excluding house
and one acre of land) must be $100,000 or less.
Albemarle County provides tax relief under reduced financial eligibility requirements: the total combined income of the household
must be $22,000 or less and the total combined net worth (excluding house and one acre of land) must be $75,000 or less. The
current graduated relief plan for this program is as follows:
Combined Income
% of Relief Combined Income % of Relief
$0-$13,000 100% $17,001-$18,000 50%
$13,001 -$14,000 90% $18,001 -$19,000 40%
$14,001 -$15,000 80% $19,001 -$20,000 30%
$15,001 -$16,000 70% $20,001 -$21,000 20%
$16,001-$17,000 60% $21,001-$22,000 10%
DISCUSSION:
At the request of the Board, staff has prepared an analysis of the impact of increasing the amount of tax relief provided under this
program. The amount of tax relief can be increased by either adjusting the amount of relief currently offered at different income
levels within the County's current income maximum of $22,000 (Option 1), or by increasing the combined income and net worth
maximums. With respect to the latter option, staff assessed the impact of two alternative scenarios: increasing the eligibility
requirements to the average among other Virginia localities whose requirements are equal to or greater than the County's ($25,000
in net income and $80,000 in net worth, Option 2) and increasing the eligibility requirements to the state maximums of $30,000
in income and $100,000 in net worth, Option 3. Option 1 would increase the amount of relief offered to the current participants
in the program, while Options 2 and 3 would expand the pool of potential participants by increasing the maximum income level
for the program.
The FY 01 and FY 02 projections in this discussion are based on the following assumptions:
A constant participation rate of 15.1% of eligible households has been applied to each different income level in FY 01 and FY 02.
The participation rate is based on a five-year historical average of participation in the County's current program. However, the
number of participants (parcels) cannot be reliably predicted and can vary from year to year depending on:
00-113.doc Page 1 of 3
· Deaths of existing participants
· Loss of eligibility due to a relative moving in to assist the recipient and the relative's income making the participant
ineligible
· Recipients selling their property and moving into retirement or nursing homes
· In-migration of qualifying citizens
· For FY 01and FY 02 average property values have been adjusted to reflect the 7% assessment increase, effective in
calendar year 2001. For the $25,000 income/S80,000 net worth level, Option 2, the average property value is assumed
to be 6% above the $22,000/$75,000 property value, reflecting a 6% increase in net worth. For Option 3, at the State
maximum eligibility requirements, average property values are based on estimated mortgage values that a $30,000
household income level would qualify for.
Due to the fact that the earliest any change in this program could be implemented would be January 1, 2001, FY 01 would reflect
a half a year of any change in the program and FY 02 would reflect a full year's effect.
As summarized in the table below and detailed in Attachment A, at the County's current relief plan and eligibility limits, the total
amount of tax dollars currently exempted under the program for FY 00 is projected to be $122,760 for 283 parcels.
Option 1:
Adjusting the relief plan to offer all current participants 100% relief within the current eligibility requirements would total $190,700
in FY 01, an increase of $67,940 over FY 00. The cost of this program in FY 01 could be funded within the approved budget
amount of $210,000 for FY 01. In FY 02 this option would cost $221,395 (given the full year of the program's impact and a full
year of the 7% assessment increase.) Alternatively for this option, the relief plan could remain graduated but offer higher
percentages of relief at higher income levels to help offset the $0.04 tax rate increase and still remain within the FY 01 program
budget.
Option 2:
Increasing the County's eligibility requirements to the average of $25,000 in combined income and $80,000 in combined net
worth would cost $190,230 in FY 01, an increase of $67,470 over FY 00, and also could be funded within the County's FY 01
adopted budget amount of $210,000. In FY 02, the program would cost $220,405.
Option 3:
The total cost of raising the eligibility requirements to the maximum allowable by the State ($30,000 income/S100,000 net worth)
is estimated to range from $297,605 to $360,575 in FY 01, an increase of $174,845 to $237,815 over FY 00. This program
would require an additional $87,605 to $150,575 over the budgeted amount of $210,000 to implement in FY 01. In FY 02, the
total cost is estimated to be from $380,205 to $513,000.
Option Max. Eligibility Fiscal $ Exempt # of Additional Budget $
Requirements Year Parcels Over $210,000 to
Implement Program
$22,000 - income 99100 $122,760 283 na
$75,000 - net worth 00101 $171,435 364 $0
w/Current Relief Plan 01102 $180,770 371 $0
1 $22,000 - income 00101 $190,700 364 $0
$75,000 - net worth
01102 $221,395 371 $11,395
w/Proposed 100%
Relief Plan
2 $25,000 - income 00101 $190,230 408 $0
$80,000 - net worth
01/02 $220,405 417 $10,405
w/Current Relief Plan
3 $30,000- income 00101 $297,605- $360,575 453 $87,605- $150,575
$100,000 - net worth 01/02 $380,205 - $513,000 462 $170,205 - $303,000
w/Current Relief Plan
00-113.doc Page 2 of 3
Both Options 1 and 2 could be funded within the existing program budget for FY 01. Option 1 would provide 100% tax relief
to current program participants only and help to offset the effect of the $0.04 real property tax rate increase for program
participants, while Option 2 would provide graduated relief to an increased number of participants (44 additional parcels, a 12%
increase), and Option 3, which increases the eligibility requirements to the State maximums would provide relief to more County
residents (89 additional parcels over the current program, a 24.5% increase,) but also would require additional budget
resources of between $87,605 and $150,575 in FY 01.
For all three options, an equity issue arises. As more tax relief is offered to the elderly and disabled, the burden is transferred
to the rest of the tax paying population. As the maximum eligible income levels rise in Options 2 and 3, a greater percentage
of working households will bear a greater proportion of the tax burden although many may have the same household incomes
as program participants. In the 1990 Census, 29.4% of households under the age of 65 in Albemarle County had combined
incomes of $30,000 or less compared to 22.7% with incomes of $25,000 or less, and 19.0% with incomes at or below $22,000.
In previous years when the Board has discussed this program, the maximum eligibility requirements have remained
unchanged due to these equity concerns.
Another potential impact to consider for Options 2 and 3, if significantly more citizens participate in this program, additional staff
time will be required to administer this program. (Currently, the program uses approximately 1.0 FTE.)
Information on other Virginia localities' tax relief for the elderly and disabled programs and maximum eligibility levels is
presented in Attachment B. The City of Charlottesville currently has the same maximum income and net worth levels for
citizens as the County to qualify for its Tax Relief program.
RECOMMENDATION:
To summarize the Board' options:
· Keep the current program as it is
· Option 1: Increase the percentage of relief for currently qualifying participants with no additional budget dollars required
for FY 01.
· Option 2: Expand the pool of participants by raising the maximum eligibility requirements to the average of $25,000 in
combined income and $80,000 in combined net worth with no additional budget dollars required for FY 01.
· Option 3: Expand the pool of participants by raising the maximum eligibility requirements to the maximum State
allowable levels, $30,000 in combined income and $100,000 in combined net worth, requiring an additional
$87,605 to $150,575 in the FY 01 operating budget..
00.113
00-113.doc Page 3 of 3
May-O0
Attachment A
Tax Relief for Elderly Disabled Program
Summary Dollar Value of Exemptions
522.000 Max. & Current Relief Plan
@ $0.76 Tax Rate
Option 1
$22.000 Max. & Proposed 100% Relief Plan
@ $0.76 Tax Rate
Inc. over Current Relief Plan
& Tax Rate
3ption 2
$25.000 Max. & Current Relief Plan
@ $0.76 Tax Rate
Inc. over Current Relief Plan'
& Tax Rate
Option 3
$30.000 Maximum
@ $0.76 Tax Rate: Low
Inc. over Current Relief Plan
& Tax Rate
@ $0.76 Tax Rate - High
Inc. over Current Relief Plan
& Tax Rate
I FY O0 FY 01
FY 02
$122,760 $171,434 $180,768
na $190.699 $221.396
na $19,265 $40,628
na $18,795 $39,637
na
na $ 297.6O5
na 5126,171
380.206
$199,438
na $ 360.574 $
na $189,140
513.000
$332,233
Combined
Gross Income
Owners'
Combined
Net Worth
Relief Plan
FY 1999/00
FY 1999/00 Projected
Current Albemarle Max.
& Relief Plan
Current Tax Rate
Owners: $22,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
$75,000
(Excluding
house & one
acre ofland)
Projected Dollar Value of FY 1999100 Exemptions is:
Number of Parcels Exempted in FY 1999100:
Projected Average Value of Property Exempted:
ITax Rate: 1st half year
2nd half year
$122,760
283
$ 73,304
$0.72/$100
$0.7615100
$0-$13,000 100%
$13,001-$14,000 90%
$14,001-$15,000 80%
$15,001-$16,000 70%
$16,001-$17,000 60%
$17,001-$18,000 50%
$18,001-$19,000 40%
$19,001-$20,000 30%
$20,001-$21,000 20%
$21,001-$22,000 10%
tax relief exec summ 6_00.xls
Printed 5/31/00 11:07 AM Page 1 of 6 Attachment A
Option
May-O0
Attachment A
Tax Relief for Elderly Disabled Program
Owners*
Combined Combined
Gross Income Net Worth
Relief Plan
FY 2000101
FY 2000/01 Estimated
Current Albemarle Max.
& Relief Plan
at Current Tax Rate
Owners: $22,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note;
Half year impact of 7% assessment increase
Projected Dollar Value of FY 2000101 Exemptions is:
Number of Parcels Exempted in FY 2000/01:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
FY 2000101 Estimated
Current Albemarle Max.
at Current Tax Rate
with Proposed 100% Relief
Owners: $22,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note:
Half year impact of 7% assessment increase
Half year impact of proposed relief plan; effective 1/1/2001
IProjected Dollar Value of FY 2000/01 Exemptions is:
Number of Parcels Exempted in FY 2000/01:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
$75,000
(Excluding
house & one
acre of land)
$171,434
364
$75,870
$0.7~$100
$75,000
(Excluding
house & one
acre ofland)
$190,699
364
$75,87O
$0.7615100
$0-$13,000 100%
$13,001-$14,000 90%
$14,001-$15,000 80%
$15,001-$16,000 70%
$16,001-$17,000 60%
$17,001-$18,000 50%
$18,001-$19,000 40%
$19,001-$20,000 30%
$20,001-$21,000 20%
$21,001-$22,000 10%
$0-$13,000 100%
$13,001-$14,000 100%
$14,001-$15,000 100%
$15,001-$16,000 100%
$16,001-$17,000 100%
$17,001 -$18,000 100%
$18,001-$19,000 100%
$19,001;$20,000 100%
$20,001-$21,000 100%
$21,001-$22,000 100%
FY 2000/01 Estimated
$25,000 Maximum
at Current Tax Rate
Owners: $25,000
First $7,500 of income for
DisableC persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
$80,000
(Excluding
house & one
acre ofland)
Note:
Half year impact of 7% assessment increase
Half year impact of proposed eligibility requirements; effective 1/1/2001
IProjected Dollar Value of FY 2000101 Exemptions is:
Number of Parcels Exempted in FY 2000/01:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
$19~,229
408
$80,422
$0.7615100
$0-$16,000 100%
$16,001-$17,000 90%
$17;001-$18,000 80%
$18;001 ,$19,000 70%
$19,001~$20~000 60%
$20;001-$21,000 50%
$21,001~$22;000 40%
$22~001-$23.,000 30%
$23',001-$2~t 000 20%
$24;00i-$25,000 10%
tax relief exec summ 6_00.xls
Printed 5/31/00 11:07 AM Page 2 of 6 Attachment A
Option
May-O0
FY2001/02
Attachment A
Tax Relief for Elderly Disabled Program
Owners'
Combined Combined
Gross Income Net Worth
Relief Plan
FY 2000101
FY 2000101 Estimated
Increased Income and
Net Worth Max. to
Highest Level Available
at Current Tax Rate
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note:
Half year impact of 7% assessment increase
Half year impact of new max. income & net worth; effective 1/1/2001
(Excluding
house & one
acre of land)
$27~001:~$28;00( 30%:
:: 200/o
$29,00~'~$30,000: 10%
IProjected Dollar Value of FY 2000101 Exemptions is:
Number of Parcels Exempted in FY 2000/01:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
Low
$ 297,605
453
$ 116,592
$0.76/5100
High
$ 360,574
453
$ 157,314
tax relief exec summ 6_00.xls
Printed 5/31/00 11:07 AM Page 3 of 6 Attachment A
Option
May-O0
FY 2001/02
Attachment A
Tax Relief for Elderly Disabled Program
Owners'
Combined Combined
Gross Income Net Worth
Relief Plan
FY2001102
FY 2001102 Estimated
Current Albemarle Max.
& Relief Plan
at Current Tax Rate
Owners: $22,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note:
Full year impact of 7% assessment increase
$75,000
(Excluding
house & one
acm ofland)
JProjected Dollar Value of FY 2001102 Exemptions is:
Number of Parcels Exempted in FY 2001/02:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
$180,768
371
$78,435
$0.76/$100
$0-$13,000 100%
$13,001-$14,000 90%
$14,001-$15,000 80%
$15,001-$16,000 70%
$16,001-$17,000 60%
$17,001-$18,000 50%
$18,001-$19,000 40%
$19,001-$20,000 30%
$20,001-$21,000 20%
$21,001-$22,000 10%
FY 2001/02 Estimated
Current Albemarle Max.
at Current Tax Rate
with Proposed 100% Relief
Owners: $22,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note:
Full year impact of 7% assessment increase
Full year impact of proposed relief plan
Projected Dollar Value of FY 2001102 Exemptions is:
Number of Parcels Exempted in FY 2001/02:
IProjected Average Value of Property Exempted:
Assumed Tax Rate:
$75,000
(Exduding
house & one
acre ofland)
$221,396
371
$78,435
$0.76/$100
$0-$13,000 100%
$13,001-$14,000 100%
$14,001-$15,000 100%
$15,001-$16,000 100%
$16,001-$17,000 100%
$17,001-$18,000 100%
$18,001-$19,000 100%
$19,001-$20;000 100%
$20,001-$21,000 100%
$21,001-$22,000 100%
FY 2000/01 Estimated
$25,000 Maximum
at Current Tax Rate
Owners: $25,000
First $7,500 of income for
Disabled persons is excluded;
First $6,500 of income for each
relative living with claimant is
excluded.
Note:
Full year impact of 7% assessment increase
Full year impact of proposed eligibility requirements
lProjected Dollar Value of FY 2000/01 Exemptions is:
Number of Parcels Exempted in FY 2000/01:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
$80,000
(Excluding
house & one
acre ofland)
$220,405
417
$83,141
$0.76/5100
$0-$16,000 100%
$16,001-$17,000 90%
$17,001-$18,000 80%
$18,001-$19,000 70%
$19,001-$20,000' 60%
$20,001-$21,000 50%
$21;001-$22;000 40%
$22,001-$23~000 30%
$23;001-$24,000 20%
$24;001~$25;000 10%
tax relief exec summ 6_00.xls
Printed 5/31/00 11:07 AM Page 4 of 6 Attachment A
Option
May-O0
Attachment A
Tax Relief for Elderly Disabled Program
Owners'
Combined Combined
Gross Income Net Worth
Relief Plan
FY 2001102
FY 2001102 Estimated
Increased Income and
Net Worth Max. to
Highest Level Available
at Current Tax Rate
First $7,500 of income for (Excluding
Disabled persons is excluded; house & one
First $6,500 of income for each acre of land)
relative living with claimant is
excluded.
Note:
Full year impact of 7% assessment increase
Full year impact of new max. ncome & net worth
Projected Dollar Value of FY 2001/02 Exemptions is:
Number of Parcels Exempted in FY 2001102:
Projected Average Value of Property Exempted:
Assumed Tax Rate:
Low
$ 380,206
462
$ 120,534
$0.76/$100
High
$ 513,000
462
$ 162,633
tax relief exec summ 6_00.xls
Printed 5/31/00 11:07 AM Page 5 of 6 Attachment A
Attachment B
Real Property Owner Tax Relief for the Elderly and Disabled
Virginia Localities having income and/or asset limits equal to or greater
than Albemarle County but less than or equal to the State maximum limits.
City/County
Bath
Appomattox
Richmond City
Rappahannock
Norfolk City
Dickenson
Orange
Clarke
Charlottesville City
IAIbemade
Income Maximum
$22.000
$22,000
$22,000
$22.O0O
Asset Maximum
$75,000
$9O,O00
$75,000
$75,000
$75,000
$75,000
$22,000
$75,000I
Amelia
Louisa
Wise
York
James City County
Dinwiddie
Lynchburg City
Warren
Hampton City
Fredericksburg City
Frederick
Prin ce George
Hopewell City
Culpeper
Winchester City
Poquoson City
Roanoke City
Spotsylvania
Newport News City
Salem City
Charles City County
Powhatan
Rockbridge
Botetourt
Goochland
Roanoke County
Hanover
$22,000
$22,000
$22,000
$22,000
$22,500
$23,00O
$23,000
$23,500
$24,999
$25,000
$25,000
$25,000
$25,000
$25,000
$26,000
$27,000
$27.000
$28 500
$30 300
$30 O00
$30 000
$30 000
$30 000
$30 000
$30 000
$30,000
$30,000
$75,000
$75,000
$75,000
$75,000
$75,000
$75,000
$75,000
$75,000
$75,O00
$75,00O
$80,000
$100,000
$75,OOO
$75,0OO
$75,000
$75,000
$75,000
$100,000
$100,000
$100,000
NA
Avg. @ $22,000 in
income & above $25,578
Avg. @ $75,000 in net
worth & above $79,444
The highlighted amounts above are excluded from the averages
Income Maximum Asset Maximum
State Maximum Limits $30,000 $100,000
Data gathered by Jefferson Area Board forAging, May 2000
tax relief exec summ 6_00.xis Printed 5/31/00
BOARD -TO -BOARD
July 5, 2000-10:30 a.m.
A Monthly Communications Report of activities from the Albemarle County
School Board to the Albemarle County Board of Supervisors.
Recent
Highlights: School Board Briefs (Attachments 1 and 2) - June 12 and
June 26, 2000
Approximately 750 seniors graduated this year from our four County high
schools. The School Board thanks the members of the Board of
Supervisors who attended the graduations and looks forward to your
participation next year.
The School Board asked that a Student Drivers Education Safety Report be
scheduled on a future agenda, with recommendations from the High School
Steering Committee. In the meantime, a Parent/Student Driver Education
Handbook will be given to all high school students learning to drive.
The School Board approved the contract with Don and Jimmie Reid to
purchase land for the Northern Elementary School site. The Board thanks
the Board of Supervisors for its continued support of this important
initiative, ensuring that students receive the best education possible by
alleviating overcrowded schools.
The School Board approved the 2000-2005 Capital Improvements Program
(CIP). The Board also approved the firm of Bond Comet Westmoreland &
Hiner to provide architectural services for the Burley Middle School
Addition/Renovation and authorized the firm to proceed with programming
and limited schematic design. However, concern was expressed regarding
the future use of Burley Middle School and whether it would remain a
school.
Th~ School Board received a report on the pilot program for Administrators
and Teachers Performance Appraisals. These plans completed a one-year
testing phase. The pilot will be expanded to include all school division
administrators and county teachers in the 2000-2001 school year. In
addition, prototypes forthcoming from the Virginia Department of
Education in the fall of 2000 will be incorporated into the evaluation plans.
At its August 28 meeting, the Board will receive additional information
regarding the Administrative Evaluation Plan.
The School Board continues to accept applications for the Health Advisory
Board through July 20, 2000. There are nine vacancies available. Seven
vacancies represent the magisterial and at-large districts, with two positions
comprised of an Other Health Professional and Albemarle Medical
Association. The Board may make appointments at its August 14 meeting.
At its June 19 meeting, the Board began its discussion regarding the 2000-
2001 Board/Superintendent Priorities. At its July 10 and 12 meetings, the
Board will continue its discussion of the proposed content and format of
the priorities. In addition, the Board reviewed and evaluated the 1999-2000
priorities and its role as a School Board. The Performance Report Card is
included in the June 26 Board Briefs.
The School Board approved spending part of the 2 percent salary pool
($286,161) for classified and administrative employees. Positions affected
included the Office Associate Series, Bookkeeper series, Custodial, Bus
Drivers and other transportation positions. The positions were chosen
because it was the area we were having the worst competitive shortfall.
The Board will receive additional recommendations on other positions,
including teaching assistants and administrators in the future. The Board
looks forward to meeting with the Board of Supervisors, in the near future,
to discuss recommendations from the Long-Range Compensation
Committee.
Thanks to the Board of Supervisors approving a Special Use Permit in
December 1999, the Association for Investment Management and Research
(AIMR) is currently renting Monticello High School (June 12 - July 21,
2000) to grade approximately 26,000 financial analyst exams. The Division
expects to receive approximately $400,000 in rental fees. The $400,000 is
before all expenses incurred by the Division for the rental. Funds eamed
after expenses will be used to support instructional initiatives. We will have
a better idea of what is actually earned from the rental in the next 30 days
or so.
The School Board discussed possible changes to its redistricting process as
outlined in Policy FB, Facilities Planning, and recommended that the
composition and reporting process of the Redistricting Committee be
redefined. Suggestions included adding the Long-Range Planning
Committee and other representatives from affected schools on the
Redistricting Committee. Staff involved would serve in an ex-officio
capacity to support the Committee. The Board will continue its discussion
and receive public testimony on Policy FB at its July 10 meeting.
The School Board received a report from the Equity and Diversity
Committee. The Committee met 16 times between November and June for
training, information, planning, and discussion of equity and diversity
issues. Seven committee members need to be replaced in 2000-2001 due to
job transfers, personal obligations, student graduations, and lack of interest.
In August, the following openings on the committee will be advertised: 1
classified employee; 1 teacher; 2 students; 2 community members; and 1
Superintendent appointee. The Committee spent time this spring
discussing consistent attendance of members. With the beginning of the
2000-2001 school year, an attendance policy and guidelines will be
addressed. During the month of June a .5 Equity and Diversity Specialist
position is being advertised and expected to be filled by the end of July.
Future
The Board will review a new Proposed Policy IGAP (Student
Exchange/Travel/Study Program) and Proposed Revision to-Policy JEC-R
(School Admission).
The Board will review Policy KG, Community Use of School Facilities,
over the summer. The policy includes how organizations are classified,
which determines the rate that fees are charged for their use of school
facilities. Currently, the Division receives $44,000 in income each year
from building rental.
AI.BEMARLE COUNTY PUBLIC SCHOOLS.
BOARD BRIEFS
Also available at bttp://kl2.albemade, ocg "WE EXPECT SUCCESS"
SCHOOL BOARD MEETING:. June 12, 2000
BOARD ACTION AND ACTIVITIES
The Board approved the Year-to-Date Financial Report,
Operating Expense Report, and Self-Sustaining Fund Report,
April 30, 2000,
The Board expelled a middle school student through the end
of the first semester of the 2000-01 school year for possession
of a controlled substance.
The Board asked that Student Driven Education Safety be
scheduled on an upcoming agenda, with recommendations
received from the High School Steering Committee.
The Board changed its July 12 Special Meeting to July 11 at
5:30 p.m., in Room 331. At that time, the Board will continue
to work on the 2000-2001 School Board/Superintendent
Priorities and receive a report from the Budget Review
Committee.
The Board expressed ks appreciation to Mr. Bob
Brandenburger, Deputy Director of Human Resources, for his
13 years of service to the County and Division.
The Board approved the installation and evaluation of Intemet
Security Management Software in the form of a proxy cache
server at one school on a pilot basis.
The Board received a Physical Education Class Size Report for
information. The Report included class size by school and'
teacher, current research on physical education class size, and
number of discipline referrals from physical education classes.
The Board approved Years 2-5 {FY 2001-02/2004/05) of the
Capkal Improvements Program (CIP). At its May 22 meeting,
the Board approved Year 1 (FY 2000/01) of the plan. For
more information about the CIP, please call Mr. Al Reaser,
Director of Building Services, at 296-3677.
DENTAL/HEALTH INSURANCE
CONTRACT RENEWED
The Board approved the Health/Dental Insurance Contract for FY
2000-2001. The fully insured Delta Dental Plan rates remain
unchanged for employees. The Board also approved the
QualChoice Medical Plan with no increase in monthly rates for
employees. However, the following benefit changes will occun
1. Oral contraceptives will be covered as a benefit.
2. The office visk co-pay will increase from $10 to $15.
3. The two-tier prescription benefit will be changed to a three-tier
benefk ($8 generic, $18 moderate-cost name brand; and $33
high-cost name br~d).
Additional information will be provided to employees by Human
Resources. If there are questions, please call 296-5827.
NORTHERN ELEMENTARY
SCHOOL SITE APPROVED
The Board approved a contract for land for the Northem
Ehmentary School. The Board purchased a 55-acre tract on the
south side of Proffk Road, 1.4 miles east of Route 29, from Don
and Jimmie Reid at a cost of $1,869,000. The tract is in the
County's established growth area.
The Northern Elementary School is slated to open in the fall of
2002. The Board has already approved a schematic design for the
school. Work will now proceed to complete the final design of the
school. It is projected that ground will be broken for the school in
the spring of 2001.
SCHOOL BOARD MAKES CHANGES
TO MEETING PROCESS
Over the past several months, the Board met and discussed
possible improvements to the way it conducts its meetings and to
make the process more user-friendly to the public. The Board
approved the following changes to its meeting process:
1. Public Comment will be received at the Board's two regular
scheduled meetings per month (currendy the second and
fourth Monday of each month). Citizens will have the
opportunity to speak under the Public Comment section or
may speak when an agenda item is presented for information
to the Board. The Board will no longer allow citizens to
provide input on action items on the agenda.
2. Each presenter will have no more than three minutes to make
a presentation to the Board.
Effective the first meeting in July (July 10), the above changes will
occur.
The Board also changed its meeting day. Effective September
2000, the Board's regular scheduled meetings will be held on
Th~ursday and not Monday, so meetings will be held on the second
and fourth Thursday of each month. This means that the Board's
first meeting in September will be Thursday, September 14.
The Board is revising its Wekon'e to the &hod Board Meeting Guide that
will reflect in greater detail the changes the Board has made. A
copy of the brochure will be made available in the near future.
CLASSIFIED/ADMINISTRATIVE FUNDING
ALLOCATION FOR 2000-2001
The Board approved a 2 percent annual salarypool ($286,161) for
classified and administrative employees for the next five years to
address longer-term, competitive shortfall, progression and
structural issues. The following needs were noted:
1. Identify positions that are more than 10 percent below their
competitive market and thus are candidates for reclassification
at a high paygrade;
2. Review turnover/retention data in all classified/administrative
positions for the past two years to identify positions that are
not competitive at the paygrade entry level;
3. Review incumbent salaries for specific poskions that are
candidates for in-range market adjustments; and
4. Review impacts of any reclassifications on internal equity
within job families that are candidates for reclassification or
- salary adjustments.
While competitive salaries and retention are relevant to all poskions
in the Division, an analysis identified critical impacts on poskions in
lower paygrades. The extremely low unemployment in the local
community is having a detrimental affect on size and quality of our
applicant pools as well as the ability to retain staff in these
paygrades. With the Cityof Claarlottesville's decision to set an
$8.00-per-hour minimum wage for its employees, and the increased
focus on this within the University of Virginia, the Division needs
to be proactive in its efforts to be competkive and has also set an
$8.00-per-hour minimum wage..
The Board approved the 2 percent salary adjustment, as
recommended, for the Office Associate series, Bookkeeper series,
Bus Driver and other tramportation positions, Custodian and
related posi/.i0n~,'and Maintenance positions. ,The Board will
receive additional recommendations on other positions, including
teaching assistants and administrators in the future.
USE OF FY 2000-2001 BOARD RESERVE
The Board approved the following funding from its $139,187
Reserve for the Cale Spot Redistricting Plan implementation:
1. $40,000 for one additional mobile classroom unit to be placed
at Stony Point;
2. $13,000 for operational costs for an addkional bus route (a bus
from the auxiliary fleet will be used); 'and
3. $20,000 to provide StonyPoint with equivalent Title I funding
for one year.
GIFTED ADVISORY COMMITTEE
RE COMME NDARTI ONS
The Gifted Advisory Committee performs the following functions:
1. Advises the School Board, through the Superintendent, Of the
educational needs of gifted students in the Division;
2. Reviews the Division's biennial Gifted Plan and determines the
degree to which the plan is being implemented; and
3. Makes a recommendation concerning the Division's program
for gifted students to the Board through the Superintendent.
The Gifted Advisory Committee provided its annual report to the
School Board, noting the following recommendations:
1. · Identification of Intellectually Gifted Students: Institute
consistent, simplified identification procedures countywide and
provide at least one full time Gifted Resource Teacher at each
school.
2. Program Offerings: Provide differentiated instruction
training for all teachers; provide at least one trained Gifted
Resource Teacher for each school; and provide wider access
for intellectually gifted students to more advanced, honors, and
out-of-grade classes.
3. Standards, Assessment, and Accountability:. Establish
guidelines for each school to evaluate and report on progress
to provide adequate gifted services, particularly differentiated
instruction.
The Board received the report for information and will receive at
its July 10 meeting, the 2000-2005 local plan for Gifted Education
required by state regulations and administered by the Department
of Education.
COMMENDATIONS .
The Charlottesville Rotary Club donated many volunteer hours and
more than $7,000 to the county schools. The Rotary has recognized the
academic achievement of 60 plus outstanding high school students,
nominated byprincipals, by regularly inviting them to its meetings to be
honored. In addkion, the Rotary supports the Albemarle Schools
Claaracter Counts Program that emphasizes character development in
youth (trustworthiness, respect, respomibility, fairness, caring, and
citizenship).
The following team of sixth-grade Jack Jouett Middle School students
placed fast regionally in the Virginia Math League Contest: Cullen
Sinclair, Ingrid Rembold, Sydney Creutz,: Lath'eft Sifllivafi, TakUma
Kozaiwa and Sam Stuntz. In addition, Cullen Sinclair tied for first
phce individual and Ingrid'Rembold fled for third.
Le Grand Concours was given at Albemarle I-figh School on March 14 and
15, 2000. Le Grand Concours is a national competition sponsored bythe
American ASsociation of Teachers of French. Students were evaluated for
their written, oral and listening comprehension skills in French. Over
92,500 students in all 50 states competed. The following students were
recognized for ranking in the Virginia Chapter.-
First Place, Level 2A - Ig0r Rapinchuk; First Phce, Level 4A-
Rongrong Fan and Emily Vancho; Second Phce, Level 4A - Christine
Arendt;; Third Place, Level 2A- Colin Moss
The following students also placed in the National Competkion:: Third
Phce, Level 4A - Rongrong Fan and Emily Vancho
The Center for Gifted Education at the College of William and Mary
selected 58 award winners for the 2000 Talent Search for Promising
Student Authors. Close to 400 entries were submitted by gifted authors in
grades 4-12 from public and private schools throughout the state of
Virginia.' Entries included short stories, poetry, and non-fiction essays.
Claire Whitenack, a student at Albemarle t-rgb School, placed third in the
High School Short Story Contest.
Two Suther 'land Middle School students scored 1100 or better on the 2000
Schohstic Achievement Test [SAT) exam. Theytook the exam as part of
The Johns Hopkins University Center for Talented Youth Mathematics
and Verbal Talent Search. Rimherly Walters and Samuel Lederer phced
with distinction as seventh graders by scoring higher than the average
college-bound twelfth grade student on fl~e SAT- Kimberly in
Mathematics and Samuel in Verbal and Mathematics.
Each spring, worthy educators are nornimted by their peers, mentors and
students for Outstanding Teacher Award.,; through the University of
Virginia Chapter of Phi Delta Kappa. This spring, Ms. Janyuan Leu, first
grade teacher at Scottsville Elementary School, received the "Outstanding
First Year Teacher" Award. Ms. Leu graduated from Teachers College,
Columbia University, New York, NY, with a Master of Arts in Teaching,
Elementary Education, July 1999. Her student teaching in PS 87, and the
Ethical Culture School prepared her for the challenges of first grade in
Scottsville. Ms. Leu excells in all areas - planning, delivery of instruction,
chssroom managemont and student motivation. Her professionalkm and
commitment to teaching are consistent v/th her outstanding performance
and earned her this exemplary aveard.
William Bannister of Albemarle High School is one of 600 educators
selected from thousinds of applicants in the United States to receive a
Fulbright Memorial Fund Fellowship to s':udy in Japan this June. The
Fulbrighi Memorial Fund Teacher Program was established in 1996 bythe
Government of Japan to commemorate the 50m anniversary of the
Fulbright Program, and to promote grean:r understanding between the
United States and Japan.
A recent study by the President's Committee on the Arts and the
Humanities and the Arts Education Parmership identified the condifiom
and practices that create and sustain a school division's commitment to
arts education for all students. According to the study, one key factor to
sustaining a strong arts program is encouraging teachers of the arts to
continue to learn and grow in mastery of their art form as well as in their
teaching competence. Teachers who also pursue their artistic life
repeatedly told researchers that the value placed on the professional quality
of their art by school administrators stimulates and refreshes
their commitment both to their art and to teaching. Admhiistrators, in
turn, pointed out that the best teachers suty actively engaged in their art
form through exhibitions and performances in district and community
venues~ The artworkof six Albemarle C0tmtyPublic Schools a.~ teachers
was selected for Paintings~thePiattrtrm, a juried show sponsored by The
DaityProg~s..This work, along with other selected art, is on display on the
first floor of McGuffey Art Center through May28. Teachers whose work
was selected for Pairai. rtgs~P~ are:
Bill Westen - Agnor-Hurt ElementarySchool; Suzanne Chitwood -
Broadus Wood Elementary;, Karen Singel - Sutherland Middle School
Kathy Burg - Albemarle I'~h School; Annie Waldrop - Albemarle High
School; Rhonda Roebuck - Western Albemarle t-rtgh School
The Albemarle t-~h School Bands weie mined the overall Champions of
the North American Music Festivals Band Competition in New York on
April 8, 2000. Led bySuperior Ratings bythe W'md Ensemble, the
Marching Band and the Jazz Band, AES also registered the highest
scoring band of the event (the Wind Erectable) which included bands
from 11 schools and 8 states. Chris Rehom was named the top jazz
soloist of the evening. The Albemarle High School Jazz Band earned
Superior Ratings at the C'hantillyJazz Festival on March 25% 2000. Of the
21 jazz emembles involved in the festival, only seven were awarded
Superior Ratings. Nick Giffen and Erica Newben'y were named First
Chair Trombone and First Chair Trumpet respectivelyin the Festival All-
Star Band and were recognized for their achievements.
The following students were selected for the 2000 Governor's Schools:
Foreign Language Academies
Rongrong Fan - Albemarle High School - French
Anne Fishwick- Albemarle High School- Russian
Kori Jones - Albemarle High School - Spanish
Emily Vancho - Albemarle High School - French
Jeffrey Bean- Monticello I-rgb School- Japanese
Fac Garstang - Monticello I,-~h School - Spanish
Caleb King - Western Albemarle High School - Japanese
Joseph Starsia-Lasagm - Western Albemarle t-r~gh School - Latin
Michael Tosto - Western Albemarle High School - German
Lindsey Bemon - Western Albemarle Iffgh School- French
..Am.
Alicia Bargh - Albemarle Iffgh School - Dance
Victoria Cho - Western Albemarle t-Egh School- Theatre
Alex Freeman - Western Albemarle t-rgh School - Visual Arts
Brienna McLaughlln -Western Albemarle High School - Visual Arts
Suzanne Tarrant - Monticello High School - Instrumental Music
M~lissa Hansen - Albemarle I-rgh School - Vocal Music
Academic
Noah Tmgman - Albemarle High School- Humanities
Thomas Johnson - Western Albemarle High School- Math/Science
Margaret Moorrnan - Western Albemarle I-rgh School - Math/Science
Steven Kmmholz - Monticello High School - Math/Science
Emily Whitmore -Westem Albemarle High School - Math/Science
Abigail Smith - Monticello High School - Humanities
James Atchison - Albenmrle High School - Math/Science
Felisa Barredo - Albemarle I--~gh School - Hun'uankies
The following students have been selected to participate in Rgqetl~r~, the
Central Virginia Summer Regional Governor's School Program for Middle
School Students Gifted in the Visual Arts:
Burley Middle School - Lindsey French
HenleyMiddle School - Sarah Becker, Molly Borowitz, Sara Holdren,
Ali Marx, Halley Potter, Weitao Wang, Andrew West, Stephen
JackJouett Middle School -Jessica Hamlin
Sutherland Middle School - Rachel Singel, Colin Moran
The Western Albemarle Music Department participated in the Kings
Dominion Music Festival on Saturday, May 20 in Doswell, Virginia. The
Advanced Choir and the Jazz Band, both under the direction of Steve
Layman, received superior ratings for their adjudicated performances. The
Jazz Band also received the best in chss award for the highest point total in
the entire high school division which included concert and jazz bands and
orchestras. Joseph DeDouato, lead alto saxophone player for the Warrior
Jazz Band, was selected"as the outstanding soloist for his performance on
Charlie Parker's "Chi Chi.~
The following students were recognized for placing in the Junior Division
of the Piedmont Regional Science Fair held on March 16, 2000:
Student School Place
Courtney Hoffman Jouett First
Caitlin Riopel Henley Second
Junior Division Category.
Inorganic Chemistry
Social and Computing Sciences
Student School Place
Nll~olas Macko Albemarle First
Senior Division Category.
Environmental Science
A team of high school students finished first at the Virginia State
Envirothon Competition. The team, consisting of students from both
Albemarle and Monticello High Schools, began preparing their
presentation and studying the subject areas in September. They will now
go on to Nova Scotia in August for the National Competition.
The competitors included Albemarle I-~hSchool s .tudents: Erin Blevim
and Mary Jane Epps, both seniors, and Melisa Ozyildirim, a
sophomore; as well as Monticello I-figh School students: Anna Chaflebois
and Claire Snell-Rood, both seniors. The teamis coached byKate
Kelderman (At'B) and Katina Dudley (McHS).
Anne Straume, a third grade teacher at Meriwether Lewis Elementary, was
honored by the University of Virginia Chapter of phi Delta Kappa .as the
~Outstandiug Central Virginia Educator" for 2000. She was nominated by
a number of former students, parents and fellow educators. Her willingness
to meet each child at his/her level and take them as far as possible was a
theme throughout her supporters' comments. Outside extensions of
classroom learning continue in students' and parents' thoughts.
Students from Monticello Iffgh and Sutherland IVliddle Schools have
made it to the flnak of the National I-fistory Day competition. Winners in
both .the regional and state competitions, students moved on to the
natioml competition June 152 at the University of Maryland, College Park.
The following students were recognized:
Monticello High School.
"The Transconfinenial Railroad: Laying Tracks to America's
Future~ Jessica Chlkon
Sutherland Middle School
~The Printing Press: How it Changed the World"
Jason Moran and Ashley Newton
"Contra Caesar" Sam Lederer
ADMINISTRATIVE APPOINTMENTS
The School Board approved the following administrative
appointments, effective July 1, 2000, for the 2000-2001 school year.
Steve Braintwain reassigned from Principal of Crozet
Elementary School to Principal of Greer Elementary, replacing
Fulton Marshall, who is retiring. Mr. Braintwain has been
Principal of Crozet Elementary since 1990. Prior to working at
Crozet, Mr. Braintwain was a Principal in Waynesboro, Virginia
and Covington, Virginia. He started his career in education as
a teacher in Albemarle County from'1973-1980, which
included three years as a teacher at Greer.
Michele Stone reassigned from Assistant Principal of Greer
Elementary to Principal of Crozet Elementary, replacing Steve
Braintwain, who will become Principal of Greer Elementary.
Ms. Stone has been Assistant Principal of Greer Elementary
since 1996. Prior to working at Greet, Ms. Stone was an
administrative intem in Greene County, Virginia and a teacher
in Prince WRliam County, Virginia.
David Cushman reassigned from Assistant Principal of
Hollymead Elementary to Principal of Stony Point Elementary,
replacing Pam Moran, who will become Director of
Curriculum and Instruction. Mr. Cushman has served as
Assistant Principal at Hollymead since 1997. Prior to working
at Hollymead, Mr. Cushman served as a music teacher and fine
arts coordinator in Albemarle County from 1989-1997.
Carole Hastings reassigned fromr Principal'of Walton Middle
School to Principal of l ymead Elementary School, replacing
Cindy Dragich, who is leaving to take a job in Rome, Italy. Dr.
Hastings has been the Principal of Walton since I995. She has
worked in Albemarle County since 1983. Prior to her work at
Walton, Dr. Hastings served as Director of Human Resources
and Assistant Superintendent for Support Services. She also
served as Acting Superintendent from June, 1994 to January,
1995.
Billy Haun reassigned frona Assistant Principal of Western
Albemarle High School to Principal of Walton Middle School,
replacing Carole Hastings, who will become Principal of
Hollymead Elementary School. Mr. Haun has worked in
Albemarle County since 1994, serving as a math teacher and
head football coach at Weitem Albemarle from 1994-1996
and as assistant principal t~ere from 1996-2000. Prior to
working in Albemarle County, Mr. Haun taught and coached
in Tazewell County, Virg~rda; Wythe County, Virginia; Pulaski
County, Virginia; and Caroline County, Virginia.
David Rogers appointed as Principal of Murray Elementary
School, replacing Tim Frazier, who is leaving to take a job in
New York Mr. Rogers is currently the Principal 9~f Walker
Upper Elementary School in the Cityof Charlottesw~& He
has worked in the Charlottesville City Schools since 1977.
Prior to his assignment at Walker, he spent 14 years as
Assistant Principal and then Principal at Buford Middle
School. Mr. Rogers also ta',ght in Albemarle County from
1972-1975.
Bobbi Hughes reassigned f':om Director of Federal Programs,
Vocational, and Community Education to Assistant Principal
of Western Albemarle High School, replacing Billy Haun, who
will become Principal of Walton Middle School. Ms. Hughes
previously worked as a teacher in Albemarle County from
1985-1990. She then worl~.~d in the central office of the
Fluvanna County Schools from 1990-1993, returning to
Albemarle County in 1993 ':o become the Director of Federal
Programs, Vocational, and Community Education.
Diane Behrens reassigned from Princip~ of Agno~ Hurt
Elementary to Director of ]?ederal Programs,.Vocational, and
Community Education, replacing Bobbi Hughes, who will
become Assistant PrinCipal at Western Albemarle High School.
Dr. Behrens has worked in Albemarle County as a teacher and
administrator since 1975. She has been the Pi'incipal of Agnor-
Hurt since its opening in the fall of 1992.
Sylvia Henderson reassignefl from Acting Director of
Curriculum and Instruction to Principal of Agnor-Hurt
Elementary School, replacl,zg Diane Behrens, who will become
Director of Federal Programs, Vocational, and Community
Education. Ms. Hendersor has been an administrator in
Albemarle County since 1976. She has previously served as
Principal at Woodbrook El,:mentary School and Meriwether
Lewis Elementary School. Prior to coming to Albemarle
County, Ms. Henderson als a worked in Chesterfield County,
Virginia and Henrico Coun.'y, Virginia.
Several vacancies for Assistant Principals remain to' be filled. It is
anticipated that an announceme~.at concerning these vacancies will
be provided after the June 26 Board meeting.
AI.BEMARLE COUNTY PUBLIC SCHOOLS
BOARD BRIEFS
Also available at http://k12.albemade, o-vg "WE EXPECT SUCCESS"
SCHOOL BOARD MEETING:. June 26, 2000
BOARD ACTION AND ACTIVITIES
The Board expelled three high school students. The students
were expelled for possession of a controlled substance. One
student was expelled through the first semester of the 2000-2001
school year. The second student was expelled for the 2000-2001
school year, and the third student was expelled to October 1,
2000.
The Board authorized Dr. Frank E. Morgan, Assistant
Superintendent for Support Services, to sign official
correspondence and to attend School Board meetings and act
accordingly on behalf of the Superintendent in his absence.
The Board presented two Resolutions of Appreciation to Martha
Jefferson Hospital and Dr. Julie Novak. Martha Jefferson was
recognized for providing health services to schools. Dr. Julie
Novak was recognized for her service on the Albemarle County
Health Advisory Board from September 1995 to July 2000.
The Board approved a waiver request for an on-line English 11
course and authorized the Chairman and Superintendent to sign
the wavier for submission to the State Board of Educatiom This
course is being piloted in this year's high school summer program
and is available to students through computer Intemet access
regardless of the time of day.
The Board invites parents and conmmnkymembers to apply for
membership to the Health Advisory Board for all magisterial
districts. Vacancies are for three-year terms. The deadline for
applying is July '20, 2000. For additional information or to receive
an application form, please call the Clerk's office at 972-4055.
The Board may make appointment at its August 14 meeting.
The Board deferred Proposed Policy IGAP (Student
Exchange/TraveVStudy Program) and Proposed Revision to
PolicyJEGR (School Admission) to a future Board meeting.
At its June 19 l~treat, the Board approved Monday, July 3 as an
additional holiday 0UlY 4 is Independence Day). The Board of
Supervisors and Governor also declared July 3 as a holiday.
Reminder. At the Board's July 10 meeting, public testimony wll
be taken on information items instead of action items.
The Board approved the firm of Bond Comet Westmoreland &
I-truer to provide architectural services for the Burley Middle
School Addition/Renovation and authorized the firm to proceed
~ programming and limited schematic design.
A motion, due to a tie vote, will be reconsidered at the Board's
July 10 meeting. The motion is for the Board to receive before
September a description of Sutherland Middle School's Core
Extension Alternatives for Board approval.
The Board accepted with regret the resignation of Mr. Thomas
Zimorski, Principal at Sutherland Middle School. The resignation
is effective August 15, 2000.
At its June 19 meeting, the Board began ks discussion regarding
the 2000-2001 Board/Superintendent Priorities. At its July 10
meeting, the Board will continue its discussion of the proposed
content and format of the priorities. In addition, the Board
reviewed and evaluated the 199%2000 priorities and its role as a
School Board. The Performance Report Card is enclosed.
The Board recognized J.J. VonBriesen, a student at Western
Albemarle High School, for being the grand prizewinner in the
1999 John Lemon Song Writing Contest in Folk Music. He won
a cash prize of $2,000, $5,000 worth of Yamaha project studio
equipment and an EMI Music Publishing Contract. The contest
received entries from every state in the United States, every
Providence in Canada, and from over 50 nations worldwide.
VOCATIONAL AND TECHNICAL EDUCATION
ADVISORY COUNCIL REPORT
The Joint Vocational and Technical Advisory Council presented its
Annual Report (199%2000) to the Board. The Advisory Council (1)
Advises Albemarle County Schools on the relevance of courses being
offered within the Division, current trends in business, technological
demands, and job requirements and (2) Advises and assists in the
development of the annual Vocational Plan. The Report included the
following recommendations:
1. Develop articulation agreements for certification of programs
betWeen high schools and Piedmont V'uginia Community College
(PVCL-) to promote seamless transition for graduating seniors;
2. Research and develop industry-based certificate programs for
high school career and technical education programs to provide
students with the skills to successfully enter the hbor market; and
3. Continue to develop the portfolio initiative through the
Gharlottesville Area School Business Alliance (CASBA).
The Board received the report for information. A copyof the report
is on file in the Clerk's office.
POLICY FB (FACILITIES PLANNING)
The Board discussed possible changes to its redistricting process as
outlined in Policy FB and recommended that the following be
considered for the composition and reporting process of the
Redistricting Committee:
Option 1 - provides for a Committee whose membership includes the
citizen members of the Long-Range Planning Committee and other
representatives from affected schools, with staff involved in an ex-
officio capacity to support the Committee. The Committee would
develop recommendations (current practice) for the Superintendent,
who, in turn, would make recommendations to the Board.
Option II - provides for a Committee whose membership includes
the citizen members of the Long-Range Planning Committee and
representatives from possibly affected schools, with staff involved in
an ex-officio capacity to support the Committee. However, the
Committee would work cooperatively with the Superintendent and
recommendations from both the Committee and Superintendent
would be presented directlyto the Board.
The Board will continue its discussion and receive public testimony on
PolicyFB, Fad/a~ P~rm/ng at its July 10 meeting.
EQUITY AND DIVERSITY UPDATE
During the 1999-2000 year, the Equity and Diversity Committee:
· Participated in team building and equity and diversity
development workshops;
· Received information on Division and 'student achievement data
from 1998-1999;
· Developed a committee structure;
· Selected co-chairs Mrs. Debra Abbott and Mrs. Raynell Stokes;
· Developed its vision:
Vision Statement
We envision a learning environment present throughout our school
division that embraces both equity and diversity and prepares students
for entering a global society equipped with the skills and knowledge
to be successful.
We will respect and trust each other as we develop recommendations
in an annual plan which addresses system-wide diversitytraining, the
improvement of human relations, closing the disparity in student
achievement, policies to address issues of discrimination, and
recruitment of a racially diverse staff;
· Participated by invitation in a community forum at Western
Albemarle High School;
· Recommended that the principals be reminded of PolicylNDC-
R, Holidays prior to Spring Break; and
· Identified goals based on the vision (closing achievement gaps;
recruitment and retention of minority staff; training; holidays;
cornmunication/outreach/open dialog).
The committee met 16 times between November and June for
training, information, planning, and discussion of equity and diversity
issues. Seven committee members need to be replaced in 2000-2001
due to job transfers, personal obligations, student graduations, and
lack of interest. In August, the following openings on the committee
will be advertised: 1 classified employee; 1 teacher; 2 students; 2
community members; and 1 Superintendent appointee.
The Committee spent time this spring discussing consistent
attendance of members. With the beginning of the 2000- 2001 school
year, an attendance policy and guidelines will be addressed. During the
month of June a .5 Equity and Diversity Specialist position is being
advertised and expected to be filled bythe end of July.
ADMINISTRATIVE and TEACHER
EVALUATION PILOTS
A Board/Superintendent Priority starting during the 1998-99 school
year was the review and revision of the administrative and teacher
evaluation instruments. To this end, two committees worked during
1998-99 to develop draft instruments, which were presented to the
Board at two separate meetings in May and July of 1999. At that time,
staff recommended that the two instruments be piloted on a limited
basis during the 199%2000 school year and that the results of the pilot
be presented to the Board. The rationale for the pilot was to provide
"hands-on" experience and to allow for the guidelines on
administrative and teacher evaluations being developed at the state
level to be completed.
The Board reviewed the Adninistrati~ Petformrm Appraisal and Tadz, r
Perfonmr~Appmisal pilot plans and accepted staff's recommendations
to do the following:
1. Extend the pilot to include all school division administrators and
county teachers in the 2000-2001 school year;
2. Review and incorporate the prototypes forthcoming frOm the
Virginia Department of Education in the fall of 2000 into the
evaluation plans; and
3. Incorporate staff recommendations in the report.
The Board received the report for information but asked that the
Administrative Plan Evaluation Pilot be scheduled on the Board's
August 28 agenda for further review. A copy of the evaluation
documents is on file in the Clerk's office.
2000-2001 ADMINISTRATIVE APPOINTMENTS
The Board approved the following appointments:
· Rhonda Keene as Assistant Principal at Greer Elementary
School. For the past two years, Ms. Keene has worked in
Albemarle County as a Special Education Coordinator.
· Karen Marcus as Assistant Principal at Hollymead Elementary
School. Ms. Marcus has worked as a teacher and adnqinlgtrator
in Nelson County since 1972.
· Andy Grider as Assistant Principal at Henley Middle School.
Mr. Grider has served as Acting Assistant Principal at Henley
since August of 1999.
· Ashby Kindler as Assistant Principal at Walton Middle School.
Ms. Kindler has served as Acting Assistant Prindpal at Western
Albemarle l--Egh School since August of 1999.
· Greg Domecq as Acting Assistant Principal at Monticello High
School. For the past two years, Mr. Domecq has served as an
Administrative Assistant at Monticello.
· Michael Hall as Assistant Principal at Western Albemarle High
School. Mr. Hall is currently Assistant Principal at Hickory High
School in Chesapeake, Virginia.
1999-2000 BOARD/SUPERINTENDENT PERFORMANCE REPORT
Eaclf year, ~e seven members of the Albemarle School Board evaluates kself and the Superintendent in a public meeting, based on
how well annual priorities were met, using the below criteria:
WB/BE = Well Below/Below Expectations, ME/EE = Meets/Exceeds Expectations
Numbers represent Board member results for each priority or role
1999-2000 SCHOOL BOARD/SUPERINTENDENT PRIORITIES
1999-2000 pRIoRITY WB/BE ME/EE PRIORITY WB/BE ME/EE
CONTINUOUS IMPROVEMENT TECHNOLOGY
1. Standards of Accreditation 2 5 1. Techn01ogyPlan 7
2. Parent Survey ' 1 6 HUMAN RESOURCES
CURRICULUM, INSTRUCTION 1. Strategic Plan for Total Compensation 3 4
fir ASSESSMENT
1. Literacy . 3 4 2. Strategic Recruitment Plan 3 4
2. Middle SchoolPerformance 5 2 3. Teacher and Administrative 3 4
Standards Evaluation Instruments
3. Exit Portfolios 4 2 ENROLLMENT fir FACILITIES
4. Elementary Report Card 7 1. Northem Elementary School 4 3
5. ElementaryForeign Language 5 2 '2. Comtrucrion Planning 3 4
6. Extended Learning T~rne 2 5 IMPROVING & STREAMLINING
OPERATIONS
SAFETY & SCHOOL CLIMATE 1. Communications Plan 2 5
1. School Improvement Goal-Climate 1 6 2. Leave Policies 1 6
2. Equity fir Diversity Committee and 1 6 3. Section J (Students) Policies 5 1
Discrimination Incident Reporting
3. Alternative School 3 4 GAREER PREPARATION
4. SafetyPhnnlng 1 6 1. CATEC Program Review 1 6
2. Charlottesville Area School Business 7
1999-2000 SCHOOL BOARD ROLE
SCHOOL BOARD AS A COLLECTIVE BODY WB/BE ME/EE
1. Vision & Mission 2 5
2. School Laws 7
3. Conducts Public School Business 1 6
4. Property of the School Division . 1 6
5. Consolidation of Schools 1 2 i
6. Operation of the School Division 7
7. Instructional &, ..Iv...l~tmgement Priorities 7
8, Policy Making 1 6
9. Superintendem ,, 7
10. Budget Adoption. 2 5
11. Einancial Accountability 2 5
12. Personnel 2 5
13. Appointment of S,taff 7
14. Communicating with Various Constituencies 1 6
15. Communica.,ting with Board of Supervisors and Le~ishdve Officials 7
16. Communicating with School Division Employees 1 6
17. Adjudication 1 6
18. Office Protocol 7
19. Responsive to Changing Needs of Sch0olDivision ' 2 5
20. Respect of School Board as an Institution 1 6
Comments from the Chairman: "The Albemarle County Schools had a challenging year and have done an outstanding job in
addressing the Board and Superintendent priorities. The majority of the Board rated 18 of the 23 priorities as 'meets or exceeds
expectations', a significant achievement, considering the number and complexity of the priorities addressed. Of special interest are the
unanimous high scores for our division-wide Elementary Report Card, Technology Plan implementation, and the quality of programs with
the Charlottesville Area School Business Alliance (CASBA). Our Board has done a good job in working together to enable our teachers
and supporting staffto provide the best possible education for our students."
ORDINANCE NO. 00-A.I(1)
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA BY ADDING APPENDIX A. 1, ACQUISITION OF CONSERVATION
EASEMENTS PROGRAM
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Appendix A. 1, Acquisition of Conservation Easements Program, is hereby added to the Code of
the County of Albemarle, Virginia as follows:
By Adding:
Sec. A.I-100.
Sec. A.I-101.
Sec. A.l-102.
Sec. A.l-103.
Sec. A.l-104.
Sec. A.l-105.
Sec. A.l-106.
Sec. A.l-107.
Sec. A.l-108.
Sec. A. 1-109.
Sec. A.I-110.
Sec. A.I-lll.
Sec. A. 1-112.
Sec. A.I-113.
Short title.
Purpose.
Applicability.
Definitions and construction.
Designation of program administrator; powers and duties.
ACE committee established; powers and duties.
Appraisal review committee established; powers and duties.
Eligibility criteria.
Ranking criteria.
Easement terms and conditions.
Application and evaluation procedure.
Purchase of conservation easement.
Program funding.
Program non-exclusivity.
Appendix A.1. Acquisition of Conservation Easements Program
Sec. A.I-IO0. Short title.
This chapter shall be known and may be cited as the "acquisition of conservation
easements ("ACE") program."
(Ord. O0-A.I(1))
Sec. A.I-IO1. Purpose.
The board of supervisors finds that between 1974 and 1992, twenty-five thousand
(25,000) acres of farmland in the county were lost to development; that at present, almost one-
third of the acres of forest land in the county is considered by the Virginia Department of
Forestry to be too densely populated for timber production; that regulatory land-use planning
tools acceptable to date have not been able to stem the conversion of farm and forest land to
other uses; and that farm and forest land, clean water and airsheds, biological diversity, scenic
vistas and rural character have a public value as well as a private value. Therefore, the specific
purposes of this chapter include, but are not limited to:
1. Establishing a program by which the county can acquire conservation easements
voluntarily offered by owners to serve as one means of assuring that the county's resources are
protected and efficiently used;
2. Establishing and preserving open-space and p:'eserving the rural character of
Albemarle County;
3. Preserving farm and forest lands;
4. Conserving and protecting water resources and environmentally sensitive lands,
waters and other natural resources;
5. Conserving and protecting biodiversity and wildlife and aquatic habitat;
6. Assisting in shaping the character and directio~ of the development of the
community;
7. Improving the quality of life for the inhabitant~ of the county; and
8. Promoting tourism through the preservation of scenic resources.
(Ord. O0-A. 1(1))
State law reference- Va. Code § 10.1-1700 et seq.
Sec. A.l-102. Applicability.
The ACE program shall be available for all lands in the county, except those lands under
the ownership or control of the United States of America, the ICommonwealth of Virginia, or an
agency or instrumentality thereof. Any conservation easement acquired pursuant to this chapter
shall be voluntarily offered by the owner.
(Ord. 00-A. 1 (1))
Sec. A.l-103. Definitions and construction.
A. The following definitions shall apply in the intgrpretatlon and implementation of
this chapter:
(1) Conservation easement. The term "conservation easement" means a
non_possessory interest in one or more parcels of one or more qualified easement holders under
section A. 1 - 109(E) acquired under the Open-Space Land Act (Virginia Code § 10.1-1700 et
seq.), whether the easement is appurtenant or in gross, voluntarily offered by an owner and
acquired by purchase pursuant to the ACE program, imposing limitations or affirmative
obligations for the purpose of retaining or protecting natural or open-space values of the parcel
or parcels, assuring availability for agricultural, forestal, recreational or open-space use,
2
protecting natural resources, maintaining or enhancing air or water quality, or preserving the
historical, architectural or archaeological aspects of the parcel or parcels.
(2) Development right. The term "development right" means a right to divide
a parcel within the rural areas zoning district conferred on the parcel by Chapter 18 of the
Albemarle County Code (Zoning), including the right to create a parcel twenty-one (21) acres or
greater.
(3) Forced sale. The term "forced sale" means a sale of a parcel with unused
development rights in a manner prescribed by law that is conducted under a judgment, order or
the supervision ora court of competent jurisdiction, other than a sale arising fi.om a partition
action; a sale resulting fi.om foreclosure under the laws of the Commonweakh of Virginia; or, a
sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt
evidenced by a mortgage, judgment, or a tax lien.
(4) Hardship. The term "hardship" means an economic hardship, other than a
circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him
to place a parcel with unused development rights for sale or to use such development rights.
(5) Immediate family. The term "immediate family" means an owner's
spouse and his or her offspring residing in the same household as the owner.
(6) Owner. The term "owner" means the owner or owners of the i~eehold
interest of the parcel.
(7) Program administrator. The term "program administrator" means the
director of the department of planning and community development.
(8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded
in the clerk's office of the circuit court of the County of Albemarle.
B. Construction. Because a conservation easement may contain one or more parcels,
for purposes of this chapter the term "parcel" shall include all parcels covered by, or proposed to
be covered by, the conservation easement.
(Ord. O0-A. IO))
Sec. A.l-104. Designation of program administrator; powers and duties.
A. Designation. The director of the department of planning and community
development is hereby designated as the program administrator.
B. Powers and duties. The program administrator, or his designee, shall administer
the ACE program and shall have the powers and duties to:
1. Establish reasonable and standard procedures and forms consistent with
this chapter for the administration and implementation of the program.
3
2. Promote the program, in cooperation with the ACE committee, by
providing educational materials to the public and conducting informational meetings.
3. Investigate and pursue, in conjunction with the county executive, state,
federal and other programs available to provide additional public and private resources to fund
the program and to maximize private participation.
4. Evaluate all applications to determine their eligibility and their ranking
score, rank applications based on their ranking score, and make recommendations thereon to the
ACE committee.
5. Determine the number of usable development rights existing on each
parcel subject to an application, after obtaining the number of theoretical development rights
from the zoning administrator.
6. Coordinate the preparation of appraisals.
7. Provide staff support to the appraisal review committee, the ACE
committee and the board of supervisors.
the public.
o
Provide educational materials regarding other land protection programs to
9. For each easement, assure that the terms and conditions of the easement
are monitored and complied with by coordinating a monitoring program with each easement
holder, and if the other easement holders are either unable or unwilling to do so, monitor and
assure compliance with the terms and conditions of the easement.
(Ord. O0-A.l(1))
Sec. A.l-105. ACE committee established; powers and duties.
A. Establishment. The ACE committee is hereby established, as provided herein:
1. The committee shall consist often (10) members appointed by the board
of supervisors. Each member shall be a resident of Albemarle County. The committee should,'
but is not required to, be comprised of members who are knowledgeable in the fields of
conservation, conservation biology, real estate and/or rural land appraisal, farming and forestry
and may also include members of conservation easement holding agencies and conservation
organizations.
2. The members of the committee shall serve at the pleasure of the board of
supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of
three (3) members shall be for two (2) years. The initial term for four (4) members shall be for
three (3) years. Each term after the initial term shall be for (3) years.
3. The members of the committee shall serve without pay, but the board of
supervisors may, in its discretion, reimburse each member for actual and necessary expenses
incurred in the performance of his duties.
4. The committee shall elect a chairman, vice-chairman and secretary at its
first meeting each calendar year. The secretary need not be a member of the committee.
B. Powers and duties. The ACE committee shall have the powers and duties to:
1. Promote the program, in cooperation with the program administrator, by
providing educational materials to the public and conducting informational meetings.
2. Review the ranking of applications recommended by the program
administrator, and make its recommendation to the board of supervisors as to which conservation
easements should be purchased.
3. Annually review the program's eligibility and ranking criteria and
recommend to the board of supervisors any changes needed to maintain the program's
consistency with the comprehensive plan, or to improve the administration, implementation and
effectiveness of the program.
(Ord. O0-A.I(1))
Sec. A.l-106. Appraisal review committee established; powers and duties.
Ao
herein:
Establishment. The appraisal review committee is hereby established, as provided
1. The committee shall consist of five (5) members appointed by the board of
supervisors. The committee shall be comprised of three (3) real estate professionals, the county
assessor, and a member of the ACE committee.
2. The members of the committee shall serve at the pleasure of the board of
supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The
county assessor shall be a permanent member of the committee.
3. The members of the committee shall serve without pay, but the board of
supervisors may, in its discretion, reimburse each member other than the county assessor for
actual and necessary expenses incurred in the performance of his duties.
4. The county assessor shall be the chairman of the committee.
B. Power and duty. The appraisal review committee shall have the power and duty
to review appraisals to assure they are consistent with appropriate appraisal guidelines and
practices, and to make recommendations thereon to the board of supervisors.
(Ord. O0-A. 1(1))
Sec. A.l-107. Eligibility criteria.
In order for a parcel to be eligible for a conservation easement, it must meet the following
criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the
comprehensive plan; (ii) the proposed terms of the conservation easement must be consistent
with the minimum conservation easement terms and conditions set forth in section A. 1-109; and
(iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in
section A. 1-108.
(Ord. 00-A. 1 (1))
Sec. A.l-108. Ranking criteria.
In order to effectuate the purposes of this chapter, parcels for which conservation
easement applications have been received shall be ranked according to the criteria and the point
values assigned thereto as set forth herein. Points shall be rounded to the first decimal.
A. Open-space resources.
1. The parcel adjoins an existing permanent conservation easement, a
national, state or local park, or other permanently protected open-space: one (1) point for every
five hundred (500) feet of shared boundary.
2. Size of the parcel: one (1) point for each fifty (50) acres.
B. Threat of conversion to developed use.
1. The parcel is threatened with forced sale: five (5) points.
2. The parcel is threatened with other hardship: three (3) points.
3. The number of usable development rights on the parcel: one-half (1/2)
point for each usable development right to be eliminated, which shall be determined by
subtracting the number of usable development rights to be retained from the total number of
usable development rights.
C. Natural, cultural and scenic resources.
1. Mountain protection: one (1) point for each one thousand (1000) feet of
mountain ridge, as shown on county mountain overlay maps.
2. Working family farm, including forestry: five (5) points if at least one
family member's principal occupation and income (more than half) is farming or foresting the
6
parcel; three (3) points if at least one family member produces farm products derived from the
parcel.
3. The parcel adjoins a road designated either as a Virginia scenic highway
or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County
Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a
public road: one (1) point for each one thousand (1000) feet of road frontage.
4. The parcel contains historic resources: three (3) points if it is within a
national or state rural historic district or is subject to a permanent easement protecting a historic
resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on
viewshed maps prepared for Monticello and in the possession of the county.
5. The parcel contains an occurrence listed on the state natural heritage
inventory: five (5) points.
6. The parcel contains class I, II or HI soils, based on federal natural
resources conservation service classifications: one (1) point for each fifty (50) acres containing
such soils, for up to a total of five (5) points.
7. The parcel is within the South Fork Rivanna Reservoir Watershed or the
Totier Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River,
Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna
River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each
one thousand (1000) feet of frontage.
8. The parcel adjoins a waterway designated as a state scenic river: one-half
(1/2) point for each one thousand (1000) feet of frontage.
9. The parcel is subject to a permanent easement whose primary purpose is to
establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those
terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one
thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide;
two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100)
feet wide. If the owner voluntarily offers in his application to place the parcel in such a
permanent easement, then the above-referenced points may also be awarded.
10. The parcel is within a sensitive groundwater recharging area identified in a
county-sponsored groundwater study: one (1) point.
D. County fund leveraging. State, federal or private funding identified to leverage
the purchase of the conservation easement: one (1) point for each ten (10) percent of the
purchase price for which those funds can be applied.
(Ord. 00-A. 1 (1))
7
Sec. A.l-109. Easement terms and conditions.
Each conservation easement shall conform with the requirements of the Open-Space
Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this chapter. The deed of easement
shall be in a form approved by the county attorney, and shall contain, at a minimum, the
following provisions:
A. Restriction on division. The parcel shall be restricted fi.om division as follows: (i)
if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one
hundred (100) acres or larger but less than two hundred (200) acres, it may be divided into two
(2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many
lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional
lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred
fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which
maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists
of the remaining acres).
B. Protection of mountain resources. If the owner voluntarily requested in his
application that the parcel be awarded points during the evaluation process pursuant to section
A. 1-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used
and maintained in a manner consistent with the comprehensive plan.
C. No buy-back option. The owner shall not have the option to reacquire any
property rights relinquished under the conservation easement.
D. Other restrictions. In addition to the foregoing, the parcel shall be subject to
standard restrictions contained in conservation easements pertaining to uses and activities
allowed on the parcel. These standard restrictions shall be delineated in the deed of easement
and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation
of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of
forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential
outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial
activities on the parcel; and (vii) monitoring of the easement.
E. Designation of easement holders. The county and one or more other public
bodies, as defined in Virginia Code § 10.1-1700, and designated by the board of supervisors shall
be the easement holders of each easement. The public body or bodies who may be designated by
the board shall include, but not be limited to, the Albemarle County Public Recreational
Facilities Authority and the Virginia Outdoors Foundation.
(Ord. 00-A. 1 (1))
Sec. AA-Il0. Application and evaluation procedure.
Each application for a conservation easement shall be processed as follows:
A. Application materials to be provided to owner. The application materials provided
by the program administrator to an owner shall include, at a minimum, a standard application
form, a sample deed of easement, and information about the ACE program.
B. Application form. Each application shall be submitted on a standard form
prepared by the program administrator. The application form shall require, at a minimum, that
the owner: (i) provide the name of all owners of the parcel, the address of each owner, the
acreage of the parcel, the Albemarle County tax map and parcel number, the zoning designation
of the parcel, and permission for the program administrator to enter the property after reasonable
notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser
to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years,
as explained in section A. 1-111 (B). The application form shall also include a space for an owner
to indicate that he volunteers to have his parcel be subject to greater restrictions than those
contained in the standard sample deed of easement, and to delineate those voluntary, additional
restrictions.
C. Additional application information required by program administrator. The
program administrator may require an owner to provide additional information deemed
necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the
purchase price of such easement.
D. Submittal of application. Applications shall be submitted to the office ofthe
program administrator. An application may be submitted at any time. However, applications
received after July 1 shall be evaluated in the following year.
E. Evaluation byprogram administrator. The program administrator shall evaluate
each application received and determine within fifteen (15) days whether the application is
complete. If the application is incomplete, the program administrator shall inform the owner in
writing of the information that must be submitted in order for the application to be deemed
complete. When an application is deemed complete, the program administrator shall determine
whether the parcel satisfies the eligibility criteria set forth in section A. 1-107 and, if it does, shall
determine the number of points to be attributed to the parcel by applying the criteria set forth in
section A. 1-108. The program administrator shall then rank each parcel scoring at least fifteen
(15) points under the criteria set forth in section A.l-108, with the parcel scoring the most points
being the highest ranked and descending therefrom. The program administrator should submit
the list of ranked parcels to the ACE committee by August 1.
F. Evaluation and ranking by ACE committee. The ACE committee shall review the
list of ranked parcels submitted by the program administrator and shall rank the parcels in the
order of priority it recommends the easements shall be purchased. The committee should
forward to the board of supervisors by September 1 its recommendation of which conservation
easements should be purchased.
G. Evaluation and ranking by board of supervisors. The board of supervisors shall
review the list of ranked parcels submitted by the ACE committee and identify on which parcels
it desires conservation easements. The board shall then rank those parcels on which it will seek
9
to purchase conservation easements that year. Nothing in this chapter shall obligate the board to
purchase a conservation easement on any property that meets the minimum number of qualifying
points.
H. Appraisal of conservation easement value. Each conservation easement identified
by the board of supervisors to be purchased shall be appraised either by the county assessor or by
an independent qualified appraiser chosen by the county. Each appraisal should be completed by
October 1. Each completed appraisal shall be submitted to the program administrator and the
owner. The program administrator shall forward each appraisal to the appraisal review
committee, which shall review each appraisal and make recommendations thereon to the board
of supervisors by November 1.
I. Requirements and deadlines may be waived. Any requirement or deadline set
forth in this chapter may be waived by the board of supervisors if, for good cause, it is shown
that exigent circumstances exist that warrant consideration of an otherwise untimely application,
or it is shown that such requirements unreasonably restrict the purchase of such easement. Under
such circumstances, the board may purchase a conservation easement at any time it deems
necessary and subject to only such requirements it deems appropriate.
J. Reapplication. An owner of a parcel not selected by the board of supervisors for
purchase ora conservation easement may reapply in any future year.
(Ord. 00-A. 1 (1))
Sec. A.I-lll. Purchase of conservation easement.
Each conservation easement shall be purchased as follows:
A. Identification ofinitialpool. From the list of parcels received under section A. 1-
110(D), the board of supervisors shall designate the initial pool of parcels identified for
conservation easements to be purchased. The purchase price may be supplemented by non-
county funding. The size of the pool shall be based upon the funds available for easement
purchases in the current fiscal year and the purchase price of each conservation easement in the
pool established under section A. 1-111 (B).
B. Determining purchase price. The purchase price of a conservation easement shall
be calculated by multiplying the appraised value by the applicable percentage of appraised value
set forth in the table below. The average annual adjusted gross income shall be based on the
aggregate of the annual adjusted gross income of each owner of record and the members of his or
her immediate family in each of the three (3) most recent tax years. In the case of a parcel
owned by an entity such as a corporation, partnership, limited liability company, trust or estate,
the average annual adjusted gross income of the owner shall be based on the aggregate annual
adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or
decedent, as the case may be.
10
Average Annual Adjured Gross Income Percentage of Appraised Value
$ 0 - $50,000 100%
$50,001 - $60,000 94%
$60,001- $70,000 88%
$70,001- $80,000 82%
$80,001- $90,000 76%
$90,001- $100,000 70%
$100,00!- $110,000 64%
$110,001- $120,000 58%
$120,001- $130,000 52%
$130,001- $140,000 46%
$140,001- $150,000 40%
$150,001-$160,000 34%
$160,001-$170,000 28%
$170,001- $180,000 22%
$180,001- $190,000 16%
$190,001- $200,000 10%
$200,001 ormore 4%
C. Invitation ofoffer to sell. The board shall invite the owner ofeach parcel included
in the initial pool of conservation easements to submit an offer to sell to the county a
conservation easement on that parcel for the purchase price, which price shall not be subject to
negotiation, and to donate to the county the balance of the fair market value of the conservation
easement, subject to the terms and conditions ora proposed deed of easement. The invitation to
sell shall be in writing and shall include the purchase price, the proposed deed of easement, and
the date by which a written offer must be received by the program administrator in order to be
considered. The invitation may contain a form offer to be returned by the owner if the owner
desires to offer to sell a conservation easement.
D. Offer to sell. Each owner who desires to sell and/or donate a conservation
easement shall submit a written offer that must be received by the program administrator by the
date contained in the invitation to offer to sell. The offer should include a statement that
substantially states the following: "(The owne0 offers to sell and/or donate a conservation
easement to the County of Albemarle, Virginia for the sum of(purchase price)~ subject to the
terms and conditions set forth in the proposed deed of easement enclosed with the invitation to
offer." Nothing in this chapter shall compel an owner to submit an offer to sell.
E. Acceptance. An offer to sell a conservation easement shall be accepted by the
board of supervisors only in writing, and only following an action by the board authorizing
acceptance. An offer shall not be accepted by the board ifa conservation easement on the
subject parcel is inconsistent with the policies and goals of the comprehensive plan at the time
the offer is received. Nothing in this chapter requires the board to accept an offer to sell a
conservation easement.
11
F. Easement established. A conservation easement shall be established when the
owner and an authorized representative of the holder of the easement have each signed the deed
of easement. The deed shall be recorded in the office of the clerk of the circuit court of the
County of Albemarle. A single conservation easement may be established for more than one
parcel under the same ownership.
G. Offers not made; offers not accepte& invitation to other owners. If an owner
invited to submit an offer elects not to do so, or if his offer to sell is not accepted by the board of
supervisors, then the board shall send an invitation to offer to sell to the owner of the next
highest ranked parcel remaining on the list of parcels identified in section A. 1-110(E).
H. Costs. If the board of supervisors accepts an offer to sell a conservation
easement, the county shall pay all costs, including environmental site assessments, surveys,
recording costs, grantor's tax, if any, and other charges associated with closing. Provided,
however, the county shall not pay fees incurred for independent appraisals or legal, financial, or
other advice, or fees in connection with the release and subordination of liens to the easement
purchased by the county.
I. Reapplication. An owner for whose parcel a conservation easement is not
purchased may reapply in any future year.
(Ord. O0-A.I(1))
Sec. A.l-lI2. Program funding.
The ACE program may be funded annually by the board of supervisors in the county
budget or by special appropriation. The county shall endeavor to seek funds fi.om
federal, state and private sources to effectuate the purposes of this chapter.
(Ord. O0-A.I(1))
Sec. A.l-l13. Program non-exclusivity.
The ACE program is a non-exclusive means by which the county may purchase
conservation easements or contr61 land use and development, or by which landowners may
establish conservation easements and other self-imposed limitations on land use or development.
This chapter shall not be construed in any way as a limitation upon the county's authority to
acquire land for public purposes.
12
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
six to zero, as recorded below, at a regular meeting held on July 5, 2000.
Aye
Mr. Bowerman Y
Ms. Humphris Y
Mr. Dorrier Y
Mr. Martin Y
Mr. Perkins Y
Ms. Thomas Y
Nay
ACE COMMITTEE APPOINTMENTS AND POWERS AND
DUTIES
The Albemarle County Board of Supervisors has established the acquisition of
conservation easements program (ACE) by which the county can acquire conservation easements
voluntarily offered by owners to serve as one means of assuring that the county's resources are
protected and efficiently used. To assist in the implementation of this program, the board of
supervisors has established the ACE committee consisting often (10) members appointed by the
board. Each member shall be a resident of Albemarle County. The committee should, but is not
required to, be comprised of members who are knowledgeable in the fields of conservation,
conservation biology, real estate and/or rural land appraisal, farming and forestry and may also
include members of conservation easement holding agencies and conservation organizations.
The initial term of three (3) members shall be for one (1) year. The initial term of three (3)
members shall be for two (2) years. The initial term for four (4) members shall be for three (3)
years. Each term aRer the initial term shall be for (3) years.
The ACE committee shall have the powers and duties to:
1. Assist the program administrator in program start-up, including
development of application materials, development of intake and review procedures and
development of marketing materials and a marketing plan.
2. PromOte the program, in cooperation with the program administrator, by
providing educational materials to the public and conducting informational meetings.
3. Review the ranking of applications recommended by the program
administrator, and make its recommendation to the board of supervisors as to which conservation
easements should be purchased. The ACE committee shall review the list of ranked parcels
submitted by the program administrator and shall rank the parcels in the order of priority it
recommends the easements shall be purchased. The committee should forward to the board of
supervisors by September 1 its recommendation of which conservation easements should be
purchased.
4. Annually review the program's eligibility and ranking criteria and
recommend to the board of supervisors any changes needed to maintain the program's
consistency with the comprehensive plan, or to improve the administration, implementation and
effectiveness of the program.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ACE Ordinance
SU BJ ECT/PROPOSALIREClU EST:
Acquisition of Conservation Easement (ACE)
program
AGENDA DATE:
July 5, 2000
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Draft Ordinance;
I Draft ,.~ample Easem_~.~:A-.--.~
STAFF CONTACT(S): '
Tucker, Foley, Davis, Cilimberg , REVIEWED.BY:
BACKGROUND:
The Board conducted a public hearing on the ACE ordinance at its June 14, 2000 meeting and directed staff to
make certain revisions to the draft ordinance and to prepare a draft sample deed of easement. Based on the
comments made by Board members at the June 14, 2000 meeting and additional discussions, staff has revised
the draft ordinance for your consideration. Staff has also prepared a draft sample deed of easement that is
consistent with the current draft of the ordinance.
DISCUSSION:
Following are the key revisions to the ACE or<: inance:
1. The full name of the ordinance has been chanqed: The full name of the program has been changed from
the Conservation Easement Acquisition program to the Acquisition of Conservation Easements program, thereby
matching the "ACE" acronym.
2. The ordinance would become an appendix to the County Code: The ordinance would be adopted as
Appendix A. 1, rather than Chapter 5.1, of the Albemarle County Code.
3. The voluntary nature of the ACE program has been emphasized: Both sections A. 1-101 (Purpose), A.1-
102 (Applicability), and the definition of "conservation easement" in A. 1-103 (Definitions and construction) have
been revised to expressly state that an easement acquired by the ACE program must be voluntarily offered by
the owner.
4. The restriction on division has been clarified: The restriction on division of the property subject to the
easement in section A.l-109(A) has been clarified so that a parcel 200 acres or larger may be divided into as
many lots so as to maintain an average lot size of at least 100 acres, plus one additional lot for any acres
remaining above the required minimum average lot size.
5. The list of other restrictions to be included in the deed of easement has been clarified: The list of other
restrictions set forth in section A. 1-109(D) has been clarified to state that these restrictions are standard
restrictions contained in conservation easements and that these restrictions will be delineated in the deed of
easement.
6. The application materials to be provided to an owner are delineated: A new section A. 1-110(A) has been
added requiring that the application provided to an owner include a standard application form, a sample deed
of easement, and information about the ACE program.
AGENDA TITLE:
ACE Ordinance
July 5, 2000
Page 2
7. Key dates in the application process have been chan.qed from deadlines to tar.qet dates: The dates by
which certain stages of the application process are to be completed, beginning with the date by which the
program administrator submits the list of ranked parcels to the ACE committee (Section A. 1-110(E)) and ending
with the date each appraisal is to be completed (Section A, 1-110(H)), have been changed from deadlines to
targets.
8. A basis for determinin.q the average annual gross income of an entity has been added: Section A. 1-111 (A)
has been revised to add the basis for determining the average annual gross income of an entity, which is an
element of the equation to calculate the purchase price of the easement. If the parcel is owned by an entity such
as a corporation, partnership, limited liability company, trust or estate, the average annual gross income of the
owner will be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members,
grantor, beneficiaries or decedent, as the case may be.
Staff has prepared a draft sample deed of easement that will be finalized after additional review by the ACE Committee
appointed by the Board upon the adoption of the ordinance. The draft sample deed is organized into five sections, as
follows:
1. Grant and conveyance of easement: This section effectuates the conveyance of the easement in perpetuity,
would include a description of the property subject to the easement, and states that the property subject to the
easement is considered to be one parcel for the purposes of the deed of easement.
2. The use of the property: This section delineates the uses that may be made of the property under the easement,
in addition to the rights to divide and develop the property as set forth in sections 3 and 4. Property subject to an
easement may be used for single-family residential, agricultural, horticultural, forestal, silvicultural, open-space and
recreational purposes. Property subject to an easement is also subject to restrictions and regulations pertaining to the
accumulation of waste material; the types and size of signs and other advertisements on the property; commercial and
industrial uses; the construction and location of structures; grading, blasting, earth removal and mining; and the
management of forest resources.
3. Division of the property: Applying the formula set forth in section A. 1-109(A) of the ACE ordinance (see paragraph
4, above), this section establishes the number of lots that may be created on the property by division and assures that
the County and the other easement holder will have the opportunity to determine whether the division complies with the
easement.
4. Development of lots: This section allows lots to be developed, but requires that the structures be located on a
building site shown on a plat or a site plan, delineates the types of structures permitted (£e., a single-family dwelling;
guest houses, servant's quarters and non-residential outbuildings; and farm buildings or structures), and places a
limitation on a structure's footprint, though that limitation may be waived by the County and the other easement holder.
5. Miscellaneous provisions: The key provisions in this section include the right of the County or the other easement
holder to enforce the terms of the easement and a provision stating that the grantor will not have the option to reacquire
the rights relinquished by the deed of easement.
RECOMMENDATION:
Adopt the proposed ACE ordinance.
AGENDA TITLE:
ACE Ordinance
July 5, 2000
Page 3
IMPLEMENTATION:
Assuming the Board approves the ordinance on July 5, the Department of Planning and Community Development will
immediately begin seeking temporary/part-time assistance to start-up the program. This assistance and related
administration costs will be paid for out of the budgeted ACE program funds. Program start-up will include development
of application materials, development of intake and review procedures and development of marketing materials and a
marketing plan. It is recommended that the Board of Supervisors appoint the ACE committee at its August meeting to
assist staff with program start-up. Working with the ACE committee, it is anticipated that staff will complete the
marketing materials and plan in September and undertake marketing of the program for the initial applications between
September and November. The anticipated initial application deadline is December 1,2000 with the review process
leading to recommendations from the appraisal review committee to the Board on April 1,2001. It is recommended that
the Board appoint the appraisal review committee by December of this year. After completion of program start-up and
processing of the initial applications, staff will be better able to assess on-going staffing and other _program needs for
the FY2001-02 budget.
00.146
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ORDINANCE NO. A.1-00(1)
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA BY ADDING APPENDIX A. 1, ACQUISITION OF CONSERVATION
EASEMENTS PROGRAM
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Appendix A. 1, Acquisition of Conservation Easements Program, is hereby added to the Code of
the County of Albemarle, Virginia as follows:
By Adding:
Sec. A.I-100.
Sec. A.I-101
Sec. A.l-102.
Sec. A.l-103.
Sec. A.l-104.
Sec. A.l-105.
Sec. A.l-106.
Sec. A.l-107.
Sec. A.l-108.
Sec. A.l-109.
Sec. A.I-110.
Sec. A.I-lll.
Sec. A.l-l12.
Sec. A.I-113.
Short title.
· Purpose.
Applicability.
Definitions and construction.
Designation of program administrator; powers and duties.
ACE committee established; powers and duties.
Appraisal review committee established; powers and duties.
Eligibility criteria.
Ranking criteria.
Easement terms and conditions.
Application and evaluation procedure.
Purchase of conservation easement.
Program funding.
Program non-exclusivity.
Appendix A.1. Acquisition of Conservation Easements Program
Sec. A.I-IO0. Short title.
This chapter shall be known and may be cited as the "acquisition of conservation
easements ("ACE") program."
(Ord. A. 1-00(1 ))
Sec. A.I-101. Purpose.
The board of supervisors finds that between 1974 and 1992, twenty-five thousand
(25,000) acres of farmland in the county were lost to development; that at present, almost one-
third of the acres of forest land in the county is considered by the Virginia Department of
Forestry to be too densely populated for timber production; that regulatory land-use planning
tools acceptable to date have not been able to stem the conversion of farm and forest land to
other uses; and that farm and forest land, clean water and airsheds, biological diversity, scenic
vistas and rural character have a public value as well as a private value· Therefore, the specific
purposes of this chapter include, but are not limited to:
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1. Establishing a program by which the county can acquire conservation easements
voluntarily offered by owners to serve as one means of assuring that the county's resources are
protected and efficiently used;
2. Establishing and preserving open-space and preserving the rural character of
Albemarle County;
3. Preserving farm and forest lands;
4. Conserving and protecting water resources and environmentally sensitive lands,
waters and other natural resources;
5. Conserving and protecting biodiversity and wildlife and aquatic habitat;
6. Assisting in shaping the character and direction of the development of the
community;
7. Improving the quality of life for the inhabitants of the county; and
8. Promoting tourism through the preservation of scenic resources.
(Ord. A. 1-00(1))
State law reference- Va. Code § 10.1-1700 et seq.
Sec. A.l-102. Applicability.
The ACE program shall be available for all lands in the county, except those lands under
the ownership or control of the United States of America, the Commonwealth of Virginia, or an
agency or instrumentality thereof. Any conservation easement acquired pursuant to this chapter
shall be voluntarily offered by the owner.
(Ord. A. 1-00(1))
Sec. A.l-103. Definitions and construction.
A. The following definitions shall apply in the interpretation and implementation of
this chapter:
(1) Conservation easement. The term "conservation easement" means a
nonpossessory interest in one or more parcels of one or more qualified easement holders under
section A. 1-109(E) acquired under the Open-Space Land Act (Virginia Code § 10.1-1700 et
seq.), whether the easement is appurtenant or in gross, voluntarily offered by an owner and
acquired by purchase pursuant to the ACE program, imposing limitations or affirmative
obligations for the purpose of retaining or protecting natural or open-space values of the parcel
or parcels, assuring availability for agricultural, forestal, recreational or open-space use,
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protecting natural resources, maintaining or enhancing air or water quality, or preserving the
historical, architectural or archaeological aspects of the parcel or parcels.
(2) Development right. The term "development right" means a fight to divide
a parcel within the rural areas zoning district conferred on the parcel by Chapter 18 of the
Albemarle County Code (Zoning), including the fight to create a parcel twenty-one (21) acres or
greater.
(3) Forced sale. The term "forced sale" means a sale of a parcel with unused
development rights in a manner prescribed by law that is conducted under a judgment, order or
the supervision ora court of competent jurisdiction, other than a sale arising from a partition
action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a
sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt
evidenced by a mortgage, judgment, or a tax lien.
(4) Hardship. The term "hardship" means an economic hardship, other than a
circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him
to place a parcel with unused development fights for sale or to use such development rights.
(5) Immediate family. The term "immediate family" means an owner's
spouse and his or her offspring residing in the same household as the owner.
(6) Owner. The term "owner" means the owner or owners of the freehold
interest of the parcel.
(7) Program administrator. The term "program administrator" means the
director of the department of planning and community development.
(8) Parcel. The term "parcel" means a lot or tract of land, lawfully recorded
in the clerk's office of the circuit court of the County of Albemarle.
B. Construction. Because a conservation easement may contain one or more parcels,
for purposes of this chapter the term "parcel" shall include all parcels covered by, or proposed to
be covered by, the conservation easement.
(Ord. A.I-O0(1))
Sec. A.l-104. Designation of program administrator; powers and duties.
A. Designation. The director of the department of planning and community
development is hereby designated as the program administrator.
B. Powers and'duties. The program administrator, or his designee, shall administer
the ACE program and shall have the powers and duties to:
1. Establish reasonable and standard procedures and forms consistent with
this chapter for the administration and implementation of the program.
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2. Promote the program, in cooperation with the ACE committee, by
providing educational materials to the public and conducting informational meetings.
3. Investigate and pursue, in conjunction with the county executive, state,
federal and other programs available to provide additional public and private resources to fund
the program and to maximize private participation.
4. Evaluate all applications to determine their eligibility and their ranking
score, rank applications based on their ranking score, and make recommendations thereon to the
ACE committee.
5. Determine the number of usable development rights existing on each
parcel subject to an application, after obtaining the number of theoretical development rights
from the zoning administrator.
6. Coordinate the preparation of appraisals.
7. Provide staff support to the appraisal review committee, the ACE
committee and the board of supervisors.
the public.
Provide educational materials regarding other land protection programs to
9. For each easement, assure that the terms and conditions of the easement
are monitored and complied with by coordinating a monitoring program with each easement
holder, and if the other easement holders are either unable or unwilling to do so, monitor and
assure compliance with the terms and conditions of the easement.
(Ord. A.I-O0(1))
Sec. A.l-105. ACE committee established; powers and duties.
A. Establishment. The ACE committee is hereby established, as provided herein:
1. The committee shall consist often (10) members appointed by the board
of supervisors. Each member shall be a resident of Albemarle County. The committee should,
but is not required to, be comprised of members who are knowledgeable in the fields of
conservation, conservation biology, real estate and/or rural land appraisal, farming and forestry
and may also include members of conservation easement holding agencies and conservation
organizations.
2. The members of the committee shall serve at the pleasure of the board of
supervisors. The initial term of three (3) members shall be for one (1) year. The initial term of
three (3) members shall be for two (2) years. The initial term for four (4) members shall be for
three (3) years. Each term after the initial term shall be for (3) years.
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3. The members of the committee shall serve without pay, but the board of
supervisors may, in its discretion, reimburse each member for actual and necessary expenses
incurred in the performance of his duties.
4. The committee shall elect a chairman, vice-chairman and secretary at its
first meeting each calendar year. The secretary need not be a member of the committee.
B. Powers and duties. The ACE committee shall have the powers and duties to:
1. Promote the program, in cooperation with the program administrator, by
providing educational materials to the public and conducting informational meetings.
2. Review the ranking of applications recommended by the program
administrator, and make its recommendation to the board of supervisors as to which conservation
easements should be purchased.
3. Annually review the program's eligibility and ranking criteria and
recommend to the board of supervisors any changes needed to maintain the pro~am's
consistency with the comprehensive plan, or to improve the administration, implementation and
effectiveness of the program.
(Ord. A.I-O0(1))
Sec. A.l-106. Appraisal review committee established; powers and duties.
Ao
herein:
Establishment. The appraisal review committee is hereby established, as provided
1. The committee shall consist of five (5) members appointed by the board of
supervisors. The committee shall be comprised of three (3) real estate professionals, the county
assessor, and a member of the ACE committee.
2. The members of the committee shall serve at the pleasure of the board of
supervisors. Each member, other than the county assessor, shall serve a one (1) year term. The
county assessor shall be a permanent member of the committee.
3. The members of the committee shall serve without pay, but the board of
supervisors may, in its discretion, reimburse each member other than the county assessor for
actual and necessary expenses incurred in the performance of his duties.
4. The county assessor shall be the chairman of the committee.
B. Power and duty. The appraisal review committee shall have the power and duty
to review appraisals to assure they are consistent with appropriate appraisal guidelines and
practices, and to make recommendations thereon to the board of supervisors.
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(Ord. A. 1-00(1))
Sec. A.l-107. Eligibility criteria.
In order for a parcel to be eligible for a conservation easement, it must meet the following
criteria: (i) the use of the parcel subject to the conservation easement must be consistent with the
comprehensive plan; (ii) the proposed terms of the conservation easement must be consistent
with the minimum conservation easement terms and conditions set forth in section A. 1-109; and
(iii) the parcel shall obtain at least fifteen (15) points under the ranking criteria set forth in
section A. 1-108.
(Ord. A.I-O0(1))
Sec. A.l-108. Ranking criteria.
In order to effectuate the purposes of this chapter, parcels for which conservation
easement applications have been received shall be ranked according to the criteria and the point
values assigned thereto as set forth herein. Points shall be rounded to the first decimal.
A. Open-space resources.
1. The parcel adjoins an existing permanent conservation easement, a
national, state or local park, or other permanently protected open-space: one (1) point for every
five hundred (500) feet of shared boundary.
2. Size of the parcel: one (1) point for each fifty (50) acres.
B. Threat of conversion to developed use.
1. The parcel is threatened with forced sale: five (5) points.
2. The parcel is threatened with other hardship: three (3) points.
3. The number of usable development rights on the parcel: one-half (1/2)
point for each usable development fight to be eliminated, which shall be determined by
subtracting the number of usable development rights to be retained from the total number of
usable development rights.
C. Natural, cultural and scenic resources.
1. Mountain protection: one (1) point for each one thousand (1000) feet of
mountain ridge, as shown on county mountain overlay maps.
2. Working family farm, including forestry: five (5) points if at least one
family member's principal occupation and income (more than half) is farming or foresting the
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parcel; three (3) points if at least one family member produces farm products derived from the
parcel.
3. The parcel adjoins a road designated either as a Virginia scenic highway
or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County
Code: one (1) point for each six hundred (600) feet of road frontage; or the parcel adjoins a
public road: one (1) point for each one thousand (1000) feet of road frontage.
4. The parcel contains historic resources: three (3) points if it is within a
national or state rural historic district or is subject to a permanent easement protecting a historic
resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on
viewshed maps prepared for Monticello and in the possession of the county.
5. The parcel contains an occurrence listed on the state natural heritage
inventory: five (5) points.
6. The parcel contains class I, II or III soils, based on federal natural
resources conservation service classifications: one (1) point for each fifty (50) acres containing
such soils, for up to a total of five (5) points.
7. The parcel is within the South Fork Rivanna Reservoir Watershed or the
Toiler Creek Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River,
Moormans River, Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir, Rivanna
River, Totier Creek Reservoir, Jacob's Run, or the Hardware River: one-half (1/2) point for each
one thousand (1000) feet of frontage.
8. The parcel adjoins a waterway designated as a state scenic river: one-half
(1/2) point for each one thousand (1000) feet of frontage.
9. The parcel is subject to a permanent easement whose primary purpose is to
establish or maintain vegetative buffers adjoining perennial or intermittent streams, as those
terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one
thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) feet wide;
two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100)
feet wide. If the owner voluntarily offers in his application to place the parcel in such a
permanent easement, then the above-referenced points may also be awarded.
10. The parcel is within a sensitive groundwater recharging area identified in a
county-sponsored groundwater study: one (1) point.
D. County fund leveraging. State, federal or private fimding identified to leverage
the purchase of the conservation easement: one (1) point for each ten (10) percent of the
purchase price for which those funds can be applied.
(Ord. A. 1-00(1))
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Sec. A.l-109. Easement terms and conditions.
Each conservation easement shall conform with the requirements of the Open-Space
Land Act of 1966 (Virginia Code § 10.1-1700 et seq.) and of this chapter. The deed of easement
shall be in a form approved by the county attorney, and shall contain, at a minimum, the
following provisions:
A. Restriction on division. The parcel shall be restricted from division as follows: (i)
if the parcel is less than one hundred (100) acres, it shall not be divided; (ii) if the parcel is one
hundred (100) acres or larger but less than two hundred (200) acres, it may be divided into two
(2) lots; (iii) if the parcel is two hundred (200) acres or larger, it may be divided into as many
lots so as to maintain an average lot size of at least one hundred (100) acres, plus one additional
lot for any acres remaining above the required minimum average lot size (e.g., an eight hundred
fifty (850) acre parcel may be divided into as many as nine (9) parcels, eight (8) of which
maintain an average lot size of at least one hundred (100) acres, and the ninth of which consists
of the remaining acres).
B. Protection of mountain resources. If the owner voluntarily requested in his
application that the parcel be awarded points during the evaluation process pursuant to section
A. 1-108(C)(1) for mountain protection, the deed of easement shall assure that the parcel is used
and maintained in a manner consistent with the comprehensive plan.
C. No buy-back option. The owner shall not have the option to reacquire any
property rights relinquished under the conservation easement.
D. Other restrictions. In addition to the foregoing, the parcel shall be subject to
standard restrictions contained in conservation easements pertaining to uses and activities
allowed on the parcel. These standard restrictions shall be delineated in the deed of easement
and shall include, but not necessarily be limited to, restrictions pertaining to: (i) the accumulation
of trash and junk; (ii) the display of billboards, signs and advertisements; (iii) the management of
forest resources; (iv) grading, blasting or earth removal; (v) the number and size of residential
outbuildings and farm buildings or structures; (vi) the conduct of industrial or commercial
activities on the parcel; and (vii) monitoring of the easement.
E. Designation of easement holders. The county and one or more other public
bodies, as defined in Virginia Code § 10.1-1700, and designated by the board of supervisors shall
be the easement holders of each easement. The public body or bodies who may be designated by
the board shall include, but not be limited to, the Albemarle County Public Recreational
Facilities Authority and the Virginia Outdoors Foundation.
(Ord. A.I-O0(1))
Sec. A.I-110. Application and evaluation procedure.
Each application for a conservation easement shall be processed as follows:
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A. Application materials to be provided to owner. The application materials provided
by the program administrator to an owner shall include, at a minimum, a standard application
form, a sample deed of easement, and information about the ACE program.
B. Application form. Each application shall be submitted on a standard form
prepared by the program administrator. The application form shall require, at a minimum, that
the owner: (i) provide the name of all owners of the parcel, the address of each owner, the
acreage of the parcel, the Albemarle County tax map and parcel number, the zoning designation
of the parcel, and permission for the program administrator to enter the property after reasonable
notice to the owner to evaluate the parcel and for the county assessor or an independent appraiser
to appraise the property; and (ii) state his adjusted gross income for the three (3) prior tax years,
as explained in section A. 1-111 (B). The application form shall also include a space for an owner
to indicate that he volunteers to have his parcel be subject to greater restrictions than those
contained in the standard sample deed of easement, and to delineate those voluntary, additional
restrictions.
C. Additional application information required by program administrator. The
program administrator may require an owner to provide additional information deemed
necessary to determine: (i) whether the proposed easement is eligible for purchase; and (ii) the
purchase price of such easement.
D. Submittal of application. Applications shall be submitted to the office of the
program administrator. An application may be submitted at any time. However, applications
received after July 1 shall be evaluated in the following year.
E. Evaluation byprogram administrator. The program administrator shall evaluate
each application received and determine within fifteen (15) days whether the application is
complete. If the application is incomplete, the program administrator shall inform the owner in
writing of the information that must be submitted in order for the application to be deemed
complete. When an application is deemed complete, the program administrator shall determine
whether the parcel satisfies the eligibility criteria set forth in section A. 1-107 and, if it does, shall
determine the number of points to be attributed to the parcel by applying the criteria set forth in
section A. 1-108. The program administrator shall then rank each parcel scoring at least fifteen
(15) points under the criteria set forth in section A. 1-108, with the parcel scoring the most points
being the highest ranked and descending therefrom. The program administrator should submit
the list of ranked parcels to the ACE committee by August 1.
F. Evaluation and ranking by ACE committee. The ACE committee shall review the
list of ranked parcels submitted by the program administrator and shall rank the parcels in the
order of priority it recommends the easements shall be purchased. The committee should
forward to the board of supervisors by September 1 its recommendation of which conservation
easements should be purchased.
G. Evaluation and ranking by board of supervisors. The board of supervisors shall
review the list of ranked parcels submitted by the ACE committee and identify on which parcels
it desires conservation easements. The board shall then rank those parcels on which it will seek
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to purchase conservation easements that year. Nothing in this chapter shall obligate the board to
purchase a conservation easement on any property that meets the minimum number of qualifying
points.
H. Appraisal of conservation easement value. Each conservation easement identified
by the board of supervisors to be purchased shall be appraised either by the county assessor or by
an independent qualified appraiser chosen by the county. Each appraisal should be completed by
October 1. Each completed appraisal shall be submitted to the program administrator and the
owner. The program administrator shall forward each appraisal to the appraisal review
committee, which shall review each appraisal and make recommendations thereon to the board
of supervisors by November 1.
I. Requirements and deadlines may be waived. Any requirement or deadline set
forth in this chapter may be waived by the board of supervisors if, for good cause, it is shown
that exigent circumstances exist that warrant consideration of an otherwise untimely application,
or it is shown that such requirements unreasonably restrict the purchase of such easement. Under
such circumstances, the board may purchase a conservation easemem at any time it deems
necessary and subject to only such requirements it deems appropriate.
J. Reapplication. An owner of a parcel not selected by the board of supervisors for
purchase of a conservation easement may reapply in any future year.
(Ord. A. 1-00(1))
Sec. A.I-lll. Purchase of conservation easement.
Each conservation easement shall be purchased as follows:
A. Identification ofinitialpool. From the list of parcels received under section A. 1-
110(D), the board of supervisors shall designate the initial pool of parcels identified for
conservation easements to be purchased. The purchase price may be supplemented by non-
county funding. The size of the pool shall be based upon the funds available for easement
purchases in the current fiscal year and the purchase price of each conservation easement in the
pool established under section A. 1-111 (B).
B. Determining purchase price. The purchase price of a conservation easement shall
be calculated by multiplying the appraised value by the applicable percentage of appraised value
set forth in the table below. The average annual adjusted gross income shall be based on the
aggregate of the annual adjusted gross income of each owner of record and the members of his or
her immediate family in each of the three (3) most recent tax years. In the case of a parcel
owned by an entity such as a corporation, parmership, limited liability company, trust or estate,
the average annual adjusted gross income of the owner shall be based on the aggregate annual
adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or
decedent, as the case may be.
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Average Annual Adjusted Gross Income Percentage of Appraised Value
$ 0 - $50,000 100%
$50,001 - $60,000 94%
$60,001- $70,000
$70,001- $80,000
$80,001- $90,000
88%
82%
76%
$90,001- $100,000 70%
$100,001- $110,000 64%
$110,001-$120,000 58%
$120,001 - $130,000 52%
$130,001- $140,000 46%
$140,001- $150,000 40%
$150,001- $160,000
$160,001-$170,000
$170,001- $180,000
$180,001- $190,000
34%
28%
22%
16%
$190,001- $200,000 10%
$200,001 or more
4%
C. Invitation of offer to sell. The board shall invite the owner of each parcel included
in the initial pool of conservation easements to submit an offer to sell to the county a
conservation easement on that parcel for the purchase price, which price shall not be subject to
negotiation, and to donate to the county the balance of the fair market value of the conservation
easement, subject to the terms and conditions ora proposed deed of easement. The invitation to
sell shall be in writing and shall include the purchase price, the proposed deed of easement, and
the date by which a written offer must be received by the program administrator in order to be
considered. The invitation may contain a form offer to be returned by the owner if the owner
desires to offer to sell a conservation easement.
D. Offer to sell. Each owner who desires to sell and/or donate a conservation
easement shall submit a written offer that must be received by the program administrator by the
date contained in the invitation to offer to sell. The offer should include a statement that
substantially states the following: "(The owner) offers to sell and/or donate a conservation
easement to the County of Albemarle, Virginia for the sum of(purchase price), subject to the
terms and conditions set forth in the proposed deed of easement enclosed with the invitation to
offer." Nothing in this chapter shall compel an owner to submit an offer to sell.
E. Acceptance. An offer to sell a conservation easement shall be accepted by the
board of supervisors only in writing, and only following an action by the board authorizing
acceptance. An offer shall not be accepted by the board if a conservation easement on the
subject parcel is inconsistent with the pohcies and goals of the comprehensive plan at the time
the offer is received. Nothing in this chapter requires the board to accept an offer to sell a
conservation easement.
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F. Easement established. A cOnservation easement shall be established when the
owner and an authorized representative of the holder of the easement have each signed the deed
of easement. The deed shall be recorded in the office of the clerk of the circuit court of the
County of Albemarle. A single conservation easement may be established for more than one
parcel under the same ownership.
G. Offers not made; offers not accepted; invitation to other owners. If an owner
invited to submit an offer elects not to do so, or if his offer to sell is not accepted by the board of
supervisors, then the board shall send an invitation to offer to sell to the owner of the next
highest ranked parcel remaining on the list of parcels identified in section A. 1-110(E).
H. Costs. If the board of supervisors accepts an offer to sell a conservation
easement, the county shall pay all costs, including environmental site assessments, surveys,
recording costs, grantor's tax, if any, and other charges associated with closing. Provided,
however, the county shall not pay fees incurred for independent appraisals or legal, financial, or
other advice, or fees in connection with the release and subordination of liens to the easement
purchased by the county.
I. Reapplication. An owner for whose parcel a conservation easement is not
purchased may reapply in any future year.
(Ord. A. 1-00(1))
Sec. A.l-l12. Program funding.
The ACE program may be funded annually by the board of supervisors in the county
budget or by special appropriation. The county shall endeavor to seek funds from
federal, state and private sources to effectuate the purposes of this chapter.
(Ord. A.I-O0(1))
Sec. A.l-l13. Program non-exclusivity.
The ACE program is a non-exclusive means by which the county may purchase
conservation easements or control land use and development, or by which landowners may
establish conservation easements and other self-imposed limitations on land use or development.
This chapter shall not be construed in any way as a limitation upon the county's authority to
acquire land for public purposes.
(Ord. A. 1-00(1))
12
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
This deed is exempt from taxation under Virginia Code § § 58.1-811 (A)(3) and 58.1-811 (C)(4).
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this day of , __, between
, Grantor, hereinafter referred to as the "Grantor", and the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, and the Albemarle County Public Recreational Facilities Authority, a public body
established pursuant to Virginia Code § 15.2-5600 et seq., hereinafter collectively referred to as
the "Grantees."
WITNESS
WHEREAS, Grantor is the owner in fee simple of certain real property located in
Albemarle County, described below and hereinafter referred to as the "property";
WHEREAS, the Acquisition of Conservation Easements ("ACE") Program codified in
Appendix A. 1 of the Albemarle County Code implements the Open-Space Land Act of 1966
(Virginia Code § 10.1-1700 et seq.) so as to enable owners to voluntarily agree to sell division
fights in real property for open-space purposes identified herein, and for the County of
Albemarle (the "County") to agree to purchase such rights;
WHEREAS, the County's acquisition of the division fights identified herein furthers the
purposes of the ACE Program in that such acquisition, among other things, assures that
Albemarle County's resources are protected and efficiently used, establishes and preserves open-
space, and preserves the rural character of Albemarle County, and furthers the goals of the
Albemarle County Comprehensive Plan to protect Albemarle County's natural, scenic and
historic resources, promote the continuation of a viable agricultural and forestal industry and
resource base, and protect Albemarle County's sm'face water and ground water supplies;
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
WHEREAS, the County's acquisition of division rights in the Grantor's property shall
be accomplished by creating a conservation easement over the property as more fully set forth in
this Deed of Easement; and
WHEREAS, as consideration for the Grantor voluntarily agreeing to have the property
described herein subject to the terms of this conservation easement, the Grantor and the County
have entered into a purchase agreement by the terms of which the County has agreed to pay the
Grantor the sum of ($ ).
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which
is hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as follows:
1. GRANT AND CONVEYANCE OF EASEMENT. The Grantor does hereby
grant and convey to the Grantees a conservation easement in gross over the real property
described below (the "property"), restricting in perpetuity the use of the property in the manner
set forth in this Deed of Easement. The property shall be considered to be one parcel for the
purposes of this Deed of Easement, and its terms, conditions and covenants shall apply to the
property as a whole rather than to individual parcels or lots. The property subject to this Deed of
Easement is described as follows:
2. THE USE OF THE PROPERTY. The Grantor agrees that the use of the
property shall be authorized and restricted in perpetuity as follows:
A. Use. In addition to the division and development of the property pursuant
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
to sections 3 and 4, the following uses are authorized uses of the property:
1. Single-family residential uses. The property may be used for
single-family residential uses and uses customarily accessory thereto.
2. Agricultural uses: The property may be used for the production of
plants and animals useful to man, or be devoted to and meet the requirements and qualifications
for payments or other compensation pursuant to a soil conservation program under an agreement
with an agency of the federal government.
3. Horticultural uses: The property may be used for the production
of fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery and floral products,
or be devoted to and meet the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement with an agency of the
federal government.
4. Forestal uses: Subject to subsection 2(G), the property may be
used for standing timber and trees.
5. Silvicultural uses: The property may be used for harvesting
silvicultural products.
6. Open-space uses: The property may be used or preserved for: (i)
park or recreational purposes; (ii) conservation of land or other natural resources; (iii) floodways;
(iv) wetlands; (v) riparian buffers; (vi) historic or scenic purposes; or (vii) assisting in the
shaping of the character, direction, and timing of community development or for the public
interest and consistent with the Albemarle County Comprehensive Plan.
7. Recreational activities: If the property otherwise has an
agricultural, horticultural, forestal, silvicultural or open-space use, it may also be used for
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
recreational activities conducted for a profit or otherwise, provided that the recreational activities
do not change the character of the property as determined by the Grantees.
B. Accumulation of waste material. There shall be no accumulations of
trash, garbage, ashes, junk, abandoned property or other unsightly or offensive waste material on
the property. This restriction shall not prohibit customary agricultural, horticultural or wildlife
management practices including, but not limited to, brush piles, compost or manure piles, or the
routine and customary short-term accumulation of household trash.
C. Billboards and signs. There shall be no display of billboards, signs or
other advertisements on the property, except to: (i) state solely the name of the Grantor, the name
of the farm, and/or the address of the property; (ii) advertise the sale or lease of the property; (iii)
advertise the sale of goods or services produced pursuant to the permitted use of the property; or
(iv) provide warnings pertaining to trespassing, hunting, dangerous conditions and other similar
such warnings. No sign shall exceed two (2) feet by two (2) feet.
D. Commercial or industrial uses or activities. There shall be no industrial or
commercial uses or activities conducted on the property. The following are not commercial or
industrial uses or activities for purposes of this Deed of Easement and are not prohibited by this
Deed: (i) the uses identified in sections 2(A)(1) through 2(A)(7); (ii) temporary or seasonal
activities that do not permanently alter the physical appearance of the property that are consistent
with the purposes of this easement; and (iii) activities conducted in a dwelling unit associated
with an outbuilding such as a garage, smokehouse, small shop or similar structure permitted on
the property, that do not require a material alteration of the building or structure.
E. Construction, location, placement of structures. There shall be no
construction, placement or maintenance of any structure on the property unless the structure is
This deed is prepared by the Albemarle County Attomey. Draft: 06/28/00
either: (i) on the property as of the date of this Deed of Easement; or (ii) related to and
compatible with the uses of the property authorized by sections 2(A), 3 and 4.
F. Grading, blasting or earth removal. Grading, blasting or earth removal
shall not materially alter the topography of the property; provided that grading, blasting or earth
removal shall be allowed for dam construction to create private conservation ponds or lakes, or
during the construction of permitted structures or associated improvements as provided in
section 4, or incidental to uses permitted under this Deed of Easement.
G. Management of forest resources. Forest resources shall be managed in
accord with a forest management plan approved by the Grantee. Best management practices, as
defined by the Virginia Department of Forestry, shall be implemented to control erosion and
protect water quality.
H.
I.
e
Mining. Mining on the property is prohibited.
Mountain protection. [Optional; if points awarded for mountain resource]
DIVISION OF THE PROPERTY. The property may be divided only as
provided herein:
A.
consisting of
Number of lots. Because the property is
lot(s), it may be divided into not more than
(~) acres in size
(_) lot(s), and this total
includes the parent parcel.
B. Review of proposed division by Grantees. Prior to a division being
approved by the County under its Subdivision Ordinance (Albemarle County Code § 14-100 et
seq.), the Grantor shall submit the proposed division to each Grantee for review to determine its
compliance with the terms, conditions and covenants of this Deed of Easement, and to obtain the
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
consent of each Grantee to the division. A Grantee shall not unreasonably withhold its consent if
the proposed division complies with all of the terms and conditions of this Deed of Easement.
C. Division of property_. Except' as authorized in this section, the property
shall not otherwise be divided, and there shall be no separation or split-off of lots, pieces or
parcels from the property, nor boundary adjustments with parcels not subject to this Deed of
Easement.
4. DEVELOPMENT OF LOTS. Each lot, whether an existing parcel or a lot
hereafter created by a division pursuant to section 3, may be developed only as follows:
A. Location of structures. Each structure for which a building site is required
shall be located on a building site shown: (i) on the plat approved by the County under its
Subdivision Ordinance (Albemarle County Code § 14-100 et seq.), if a plat approval is required
thereunder; or (ii) on a site plan or building permit application approved by the County under its
Zoning Ordinance (Albemarle County Code § 18-1 et seq.).
B. Types of structures permitted. Each parcel or lot may have the following
structures constructed, located or placed thereon: (i) one single-family dwelling unit serving as
the principal residence; (ii) guest houses, servant's quarters, and non-residential outbuildings or
structures such as swimming pools, decking detached from the single-family dwelling unit,
gazebos, garages, and tool sheds; provided that each such guest house, servant's quarters, or non-
residential outbuilding or structure shall be commonly, appropriately and demonstrably
incidental to the single-family dwelling unit serving as the principal residence; and (iii) farm
buildings or structures.
C. Size of structures. Each structure shall have a structural footprint of not
more than four thousand five hundred (4,500) square feet.unless prior written permission for a
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
structure having a greater footprint is obtained from the Grantees.
D. Improvements and facilities related to development of the lot. Driveways
and other improvements and facilities customary and related to the use of a lot may be
constructed, located or placed thereon.
E. Improvements and facilities that may be constructed or in~qtalled. Subject
to all other applicable requirements of this Deed of Easement, the Grantor may construct, install
locate or place all improvements and facilities related to the division, including but not limited to
public streets and private roads, and drainage and other utility facilities, required by the County
under its Subdivision Ordinance (Albemarle County Code § 14-100 et seq.).
F. Deed of Easement grants no additional rights to use or develop the
property. Nothing herein shall be construed to permit the Grantor to engage in any use or to
construct, locate, place or maintain any structure or improvement that is otherwise prohibited by
law.
5. MISCELLANEOUS PROVISIONS
A. Term of easement. This easement shall be established when the owner
and an authorized representative of each Grantee have each signed this Deed of Easement, and it
shall run in perpetuity.
B. Easement runs with the land. The covenants, terms and conditions of this
Deed of Easement shall run with the land and be binding upon the parties, their successors,
assigns, personal representatives, and heirs.
C. Enforcement. The Grantees shall have the following rights with respect to
enforcing this Deed of Easement:
7
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
1. Monitoring of the easement. A Grantee shall give reasonable prior
notice to the Grantor seeking permission to enter the property to monitor compliance with the
terms, conditions and covenants of this Deed of Easement. After receiving permission from the
Grantor, either Grantee, and any officer or agent thereof, shall have the fight to enter the property
at reasonable times to conduct such monitoring. The Grantor shall not unreasonably withhold
permission. Nothing contained herein shall be construed as giving to the public a right to enter
upon or to use the property or any portion thereof, except as the Grantor may otherwise allow,
consistent with the provisions of this Deed of Easement.
2. Right to require restoration. Upon any breach of the terms of this
Deed of Easement by Grantor, either Grantee may require by written demand to the Grantor that
the property be restored promptly to the condition required by this Deed of Easement.
3. Judicial enforcement. In addition to any other remedy provided by
law to enforce the terms of this Deed of Easement, either Grantee may request injunctive relief
that requires the Grantor comply with the terms, conditions and covenants of this Deed of
Easement. There shall be and there is hereby created and declared to be a conclusive
presumption that an action at law is an inadequate remedy for any breach or violation, or any
attempted breach or violation of any term, condition or covenant of this Deed of Easement.
4. No waiver. The failure of either Grantee to enforce any term,
condition or covenant of this Deed of Easement shall not be deemed a waiver of the right to do
so thereafter, nor discharge nor relieve Grantor from thereafter complying with any such term,
condition or covenant.
5. No right of public to seek damages. Nothing herein shall be
construed to create in the public or any member thereof a fight to maintain a suit for any
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
damages against the Grantor for any violation of this Deed of Easement.
D. No buy-back option. The Grantor shall not have the option to reacquire
any property rights relinquished by this Deed of Easement.
E. Notice of proposed transfer or sale. The Grantor shall notify the Grantees
in writing prior to closing on any proposed transfer or sale of the property. In any deed
conveying all or any part of the property, this Deed of Easement shall be referenced by deed
book and page number in the deed of conveyance.
F. Relation to applicable laws. This Deed of Easement does not replace,
abrogate or otherwise supersede any federal, state or local laws applicable, to the property
including, but not limited to, the Subdivision Ordinance (Albemarle County Code § 14-100 et
seq.), Water Protection Ordinance (Albemarle County Code § 17-100 et seq.), and Zoning
Ordinance (Albemarle County Code § 18-1 et seq.).
G. References to existing laws. All references to existing laws shall include
such laws as they may be hereafter amended or recodified.
H. Severabilit¥. If any provision of this Deed of Easement is determined to
be invalid by a court of competent jurisdiction, the remainder of this Deed of Easement shall not
be affected thereby.
I. Recordation. Upon execution by the parties, this Deed of Easement shall
be recorded with the record of land titles in the Clerk's Office of the Circuit Court of
Albemarle, Virginia.
J. Authority to accept easement. The Grantees are authorized to accept this
Deed of Easement pursuant to Virginia Code § 10.1-1701.
9
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
dated
the Grantor conveyed the subject property to
outstanding obligation owed to
[K. Consent of trustee and beneficiary to subordinate lien. By deed of trust
., of record in said Clerk's Office in Deed Book __., page ~
, Trustee, to secure an
., Beneficiary. Pursuant to the
authorization of the Beneficiary, as evidenced by its signature hereto, the Trustee joins in this
deed to subordinate the lien of such deed of trust to the easement conveyed hereby.]
WITNESS the following signatures and seals.
GRANTOR
[Grantor's Name]
COUNTY OF ALBEMARLE
BY:
Robert W. Tucker, Jr.
County Executive
ALBEMARLE COUNTY PUBLIC
RECREATIONAL FACILITIES AUTHORITY
By:
G. David Emmitt
Chairman
[TRUSTEE]
[Name]
[Title]
[BENEFICIARY]
[Name]
[Title]
10
This deed is prepared by the Albemarle County Attorney. Draft: 06/28/00
The foregoing Deed of Easement was signed, swom to and acknowledged before me this
day of , by , Grantor.
Notary Public
My Commission Expires:
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of , by Robert W. Tucker, Jr., on behalf of the County of
Albemarle, Virginia, Grantee.
My Commission Expires:
Notary Public
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of ., by G. David Emmitt, on behalf of the Albemarle
County Public Recreational Facilities Authority, Grantee.
My Commission Expires:
Notary Public
[The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of ., by , Trustee.]
Notary Public
My Commission Expires:
[The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
day of ., ~ by , Beneficiary]
Notary Public
My Commission Expires:
Approved as to form:
By:
County Attomey
11
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Year 2001 Legislative Proposals
SUBJECT/PROPOSAL/REQUEST'.
Legislative Proposals to Submit to VACo
STAFF CONTACT(S):
Tucker, White, Spencer, Blount
AGENDA DATE:
July 5, 2000
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION: X
INFORMATION:
No
BACKGROUND:
Virginia Association of Counties (VACo) has requested that the County submit legislative proposals that we
would like to have addressed in VACo's 2001 Legislative Program so that they can begin to develop their
legislative program. The following proposals are submitted for the Board's consideration and will be transmitted
to VACo for discussion in their summer steering committee sessions.
DISCUSSION:
Albemarle County's potential VACo legislative submittals are as follows:
State Fundinq for Education - Request legislation that will raise the Standards of Quality (S.O.Q.s) and
increase percentage of state funding for programs to assist localities to successfully meet the
requirements of the S.O.L.s.
Comprehensive Services Act (CSA) - Request that the state enhance CSA funding. (It already has
been determined by legislative staff that the state did not budget enough general fund dollars in the
coming biennium to support CSA, partly due to a delayed start in using Medicaid for certain services.)
Growth Management - Request legislation to provide high-growth jurisdictions with growth
management tools and to provide statewide funding for the Purchase of Developrnent Rights program
for localities that establish and locally fund such a program.
E911 - Request that state not erode localities' ability to levy a surcharge for emergency
telecommunication services.
Scenic Protection and Tourist Enhancement - Continue to request enabling legislation to provide for a
scenic protection and tourist enhancement overlay district. As the County pursues options to protect
the visual quality of land as an aesthetic and economic resource, this legislation would provide
localities with a method to ensure full consideration of visual resources and scenic areas when the
County or State makes land use decisions in designated areas.
AGENDA TITLE:
Year 2001 Legislative Proposals
July 5, 2000
Page 2
Virqinia Retirement System (VRS) - Request that the state stabilize the VRS rates and reimburse
school systems for VRS-related costs for positions that exCeed those required by the current SOQs'
regulations. (The 2000 General Assembly carried over most bills affecting retirement benefits. VRS
will be studying issues related to expanded benefits, purchase of service and compensation:)
Photo-red Traffic Light Program - Request that the state pass legislation to enable counties to establish
traffic light signal photo-monitoring programs.
Passenger Rail Service - The County supports and endorses the provision of passenger rail service
from Bristol, VA to the Richmond, VA and Washington, DC areas with links to communities along the
way.
Income Tax - The County supports legislative revisions which would require the state to return a portion
of the Virginia individual income taxes collected in each city and county in Virginia to the locality.
These items reflect the major priorities we want to bring to VACo's attention at this time. VACo will use the
information gathered from Virginia counties to begin to develop their legislative program this summer. Should
the County identify additional legislative issues that we would like to have considered, the County can submit
additional proposals to VACo later in the summer or in the fall. VACo's Legislative Program and Policy
Statements will not be finalized until November 2000.
RECOMMENDATION:
This information is provided for the Board's review and comment prior to communicating our legislative proposals
to VACo.
00.145
-July 5,2000
CLOSED SESSION MOTION
I move that the board go into closed session
pursuant to section 2.1-344(a) of the Code of Virginia
· Under subsection (1) to consider appointments to
boards and commissions; and
· Under subsection (3) to consider the acquisition of
specific properties for public use.
COMMONWEALTH OF VIRGINIA
I
'e ?9,"'JO
/
DC-18 [10199:
THIS DEED dated this 20th day of June 2000, by and between TCA
TRUSTCORP AMERICA, TRUSTEE OF THE W. M. CURRIER FLIP CHARITABLE
REMAINDER UNITRUST, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA,
Grantee.
WITNESSETH:
That for and in consideration of TEN DOLLARS ($10), cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby
GRANT, BARGAIN, SELL and CONVEY with SPECIAL WARRANTY OF TITLE unto the
Grantee, its successors and assigns, all that certain parcel or tract of land located in Albemarle
County, Virginia and situated in the Rivanna Magisterial District on VSH 643, also known as Polo
Grounds Road, containing 27.482 acres, more or less, identified as Albemarle County Tax Map
Parcel 46-26, being the residual of~he parent parcel recorded in Deed Book 255, page 189 in the land
records of the Clerk's Office of the Circuit Court of the County of Albemarle, and by plat recorded
in Deed Book 170, page 134 in said Clerk's Office, and being the same property conveyed to TCA
Trustcorp America, Trustee of the W. M. Currier Charitable Remainder Unitrust by agreement dated
April 14, 2000, by deed of William M. Currier, dated April 20, 2000, recorded in said Clerk's Office
in Deed Book 1911, page 627.
This conveyance is made expressly subject to all restrictions, conditions, rights-of-way and
easements, if any, contained in duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property conveyed hereby, insofar as same affect said
property, which have not expired by a time limitation contained therein or have not otherwise
become ineffective.
Prepared by Albemarle County Attorney's Office
June 13, 2000
The Grantee, acting by and through its County Executive, duly authorized by resolution of
the Board of Supervisors of Albemarle County, does hereby accept the conveyance of the interest
in real estate made by this Deed.
This Deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (A)(3).
WITNESS the following signatures.
GRANTOR:
GRANTEE:
Approval as to form:
....
~/ountFA~'or~e~ Office
TCA TRUSTCORP AMERICA, TRUSTEE OF THE
W. M. CURRIER FLIP CHARITABLE
By: -/-U'.c// ~' '- / t,c,,u '7~. ~;Uc('/
(__.// /
' I~OBERT W. TUCKER, JR. X~ /
C?UNTY EXECUTIVE ~
STATE/DISTRICT OF
CITY/COUNTY OF ~bt0I~o-wit:
instrument acknowledged this ~Ott"day of ) U.Jn,.~ 2000 by
The foregoing _ was ,
BI~ t~'~a-P/~ q". tZI.L~., ff~ of TCA TrustCorp America, Trustee of the W. M. Currier Flip
Charitable Remainder Unitrust, Seller.
My commission expires:
Notary Public
2
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to-wit:
The foregoing instrument was acknowledged this tm day of ~ ,2000 by
Robert W. Tucker, Jr., County Executive of the County of Albemarle C~(~mtyfVirginia, Buyer.
commission expires: ~/~,~/~d ]
My
'Notary Public '
AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT FOR PURCHASE OF REAL ESTATE (the "Agreement") made this
20th
TRUSTEE
(hereinafter
"Buyer").
1.
day of June ., 2000 by and between TCA TRUSTCORP AMERICA,
OF THE W. M. CURRIER FLIP CHARITABLE REMAINDER UNITRUST,
the "Seller") and the COUNTY OF ALBEMARLE, VIRGINIA (hereinafter the
Sale and Description of Property. In consideration of the mutual promises contained
herein, Seller agrees to sell and Buyer agrees to buy certain real estate with all improvements thereon
and appurtenances thereto belonging, located in the County of Albemarle, Virginia (the "Property"),
and described as all that certain parcel or tract of land situated in the Rivanna Magisterial District
on VSH 643, also known as Polo Grounds Road, containing 27.482 acres, more or less, identified
as Albemarle County Tax Map Parcel 46-26, being the residual of the parent parcel recorded in Deed
Book 255, page 189 in the land records of the Clerk's Office of the Circuit Court of the County of
Albemarle, and by plat recorded in Deed Book 170, page 134 in said Clerk's Office, and being the
same property conveyed to TCA Tmstcorp America, Trustee of the W. M. Currier Charitable
Remainder Unitrust by agreement dated April 14, 2000, by deed of William M. Currier, dated April
20, 2000, recorded in said Clerk's Office in Deed Book 191._1, page 627.
2. Purchase Price. The purchase price for the Property is Four Hundred Eighty Five
Thousand Dollars ($485,000.00) and shall be paid by BuYer to Seller by cash, in the form of a
certified or local cashier's check, at closing.
3. Conveyance. The Seller agrees to convey the Property by appropriate deed
containing special warranty of title, which title shall be good, marketable and insurable, free and
clear of all liens, indebtedness, encumbrances and tenancies, and subject only to such easements,
covenants and restrictions of record that do not adversely affect marketability and insurability of
title, that do not adversely affect Buyer's intended uses of the Property and that are approved by
Buyer prior to closing. In the event Buyer's attorney finds title to be defective, and should Seller
fail to remedy any defect within (sixty) 60 days of notice thereof to them, this Agreement may be
declared null and void by Buyer, and all funds paid to Seller by Buyer_ shall be refunded.
4. Costs and Expenses. Seller shall pay Seller's recording tax applicable to the transfer
of the property to the Buyer, its share of the current real estate taxes and its own attorney's fees.
Buyer shall pay its own attorney's fees, its prorata share of the current year's real estate taxes when
due and payable, cost oftitle insurance, survey, subdivision and deed preparation and all recording
costs (unless exempt) other than the Seller's deed tax. Except as otherwise agreed herein, all other
expenses incurred by Buyer in connection with this purchase, including without limitation title
examination, insurance premiums, recording costs and fees of Buyer's attorney, shall be borne by
Buyer. All taxes, assessments, interest, rent, and escrow deposits, if any, shall be prorated as of the
date of Settlement and paid by Seller. Buyer agrees to pay any rollback taxation assessed against
the Property.
5. Closin.~. Closing shall take place at the Albemarle County Attorney's Office on or
before August 1, 2000 (or earlier if Buyer and Seller a~ee), or as soon thereafter as title can be
examined, and papers prepared.
6. Right of Entry. Buyer, its employees, representatives, agents and assigns, shall have
the right to enter upon the Property at any time prior to closing for purposes of engineering,
surveying, geotechnical investigation, soil borings and other necessary site investigation, so long as
such studies do not result in a change in the character or topography of the Property. Buyer agrees
2
to assume full responsibility for its actions or those of its employees, representatives, agents and
assigns resulting from such entry, and shall pay all costs associated with such entry and any services
obtained by it in the course of such site investigation.
7. En.~ineerin~, Environmental. Soil Study and Feasibility. Studies. Buyer shall have
60 days from the execution of this Agreement to complete studies, including, but not limited to,
engineering, environmental, soil study and feasibility studies, to determine whether the Buyer's plan
of development of the Property is practical. If within 10 days of its receipt of such studies, Buyer
notifies Seller or his agent in writing that its plan, in its sole judgment, is not practical, the Buyer
may declare this Agreement null and void and the parties hereto shall be relieved of further liability.
8. Risk of Loss. All risk of loss or damage to the Property by fn'e, windstorm, casualty
or other causes are assumed by, and shall be borne by the Seller until closing. In the event of any
material loss, destruction or damage to the Property by reason of fire, windstorm, cas.ualty or other
causes prior to Closing which delays Closing, Buyer shall have the right to void this Agreement.
9. Condition of Property. Seller warrants that the Property will be in substantially the
same condition at Closing as it is at the time of the execution of this Agreement.
10. Construction. Benefit and Effect. This Agreement shall be construed in accordance
with the laws of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of
the successors and assigns of the parties, constitutes the entire Agreement between the parties and
may not be modified or changed except by written instrument executed by all the parties.
11. Agreement Survives Closing. It is expressly understood and agreed by Buyer and
Seller that time is of the essence of this Agreement, and that all agreements, promises, stipulations
and representations contained herein shall survive closing and shall bind the heirs, executors,
administrators, agents, successors and assigns of the parties hereto.
12. Board of Supervisors Approval. This Agreement is subject to approval by the Board
of Supervisors of the County of Albemarle, Virginia.
13. Nonappropriation of Funds. This Agreement is. subject to annual funding by the
Board of Supervisors of the County of Albemarle, Virginia. In the event the Board of Supervisors
fails to appropriate the funds necessary to acquire the Property in this Agreement, this Agreement
shall be deemed canceled, with no penalty to Buyer, and of no effect, provided written notice of such
cancellation is given to Seller by Buyer.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the'day first above
written:
SELLER:
BUYER:
Approval as to form:,
County Attorney's Office
TCA TRUSTCORP AMERICA, TRUSTEE OF THE
w. M. CURP4ER Lp CHARITABLE
REMA/N~~RUST :-
ByL.~d~ .-' / c// ~ -w'~ ~,~'sr (' (
/
COUNTYX~ ALBEMARLE, VIRGINIA
By: ~/~'/~-)'~'~.
/ I~OBERTW. TUCKER;JR. ~'//
~OUNTY EXECUTIVE V~
STATE/DISTRICT OF
CITY/COUNTY OFI~14-~to-wit:
The foregoing,in~strument was acknowledged this c~)W day of du.~__ ,2000 by
~t~/il i',t,.arm ~. ~~, -~ ofWCA WmstCorp ~--~efica, tmst~e~W. M. Currier Flip
Charitable Remainder Unitrust, Seller.
My commission expires:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF CHARLOTTESVILLE, to-Mt:
The foregoing instrument was acknowledged this ~ day of ~ ,2000 by
Robert W. Tucker, Jr., County Executive of the County of Albemarle O~unt.~, Virginia, Buyer.
My commission expires:
Notary Public"'-'
MAT/rea[estate.gen/curriertrust.purchaseagl.doc
David R Bowennan
Rio
Lindsay G. Dottier, Jr.
Charlotte Y Humphris
Jack Joue~t
COUNTY OF AIREMARLE
Office of Board of Supervisors
401 MclnQre Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX {804) 296-5800
Charles S. Martin
}{ivanna
Walter E Perkins
White Hall
Sally H. Thomas
Samuel Miller
July 14, 2000
Mr. Fred Copeland
2361 Lonicera Way
Charlottesville, VA 22911
Dear Mr. Copeland:
At the Board of Supervisors meeting held on July 5, 2000, the Board appointed you to the
Community College Board of Directors, with said term effective July 1, 2000 through
June 30, 2004. I have enclosed an updated roster for your convenience.
On behalf of the Board, ! would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
CC:
James Camblos
Larry Davis
President, PVCC
Printed on recycled paper
David lq. Bowerman
Rio
Lindsay G. Dorder, Jr.
Charlotte Y. Hurnphtis
· Jack Joum't
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivaana
Waiter E Perkins
White Hall
Sally H. Thomas
Samuel Millet
June 13, 2000
Mr. Fred Copeland
2361 Lonicera Way
Charlottesville, VA 22911
Dear Mr. Copeland:
This letter will confirm your interview with the Board of Supervisors at 1:10 p.m.,
Wednesday, July 5, 2000, for a vacancy on the Community College Board of Directors. The
interview will last approximately ten minutes, and will be held in the fourth floor conference
room of the Albemarle County Office Building.
Please feel free to contact me at 296-2843 should you have any questions. Thank you.
Sincerely,
Laurel A. Bentley, C.M.C.''-/
Senior Deputy Clerk
Printed on recycled paper
County of Albemarle
Office of Board of Cotmv Su?erviso~,
401 Mclntlra Road
Charlo~ille, VA 22902-4596
(804) 2%-5543
APPLICATION TO SERVE ON. BOAKD/COMMISSION/COlVlIVIITTEE
(Please t3/pe or print.)
M~s~ed~ Di~= N wNch yon home residence is loc=ed,
/
Phone
Business Ad&ess
O¢~pation/Title
Years Resident in Alben~arte Cotmty ~
Date of Employment
?
Number o£ Children ~-~
M.emberskips b Fraternal, Busbess, Ckurcb. trod/or $od.'.,.d Groups
and Chad.table Office and/or Od~er Activities or, Ir.~uerests
keas_9_on(sj for Wbhlng m Se_rye on r_his Board/Commiss£,qn/Commin:ea ~ ~,,'a~'/4~
The information provided on this application ve2l be released to the public worx
Sign.q&tre ~ Date
Rcturtl tO:
Clerk, Board of Co'tmty Supervisors
Albemarle County
401 Mclntirc Road
Charlottesville, VA 22902-4596
F~X: (8043 296-5800
BOARD OF SUPERVISORS
Frederick L. Copeland
Page 1
Education
Ed.D., Education (Administration) (1987), Virginia Polytechnic Institute and' State
University, Blacksburg, Virginia.
M.A., Management and Supervision, (1979), Central Michigan University, Mount
Pleasant, Michigan
M.A., Counseling Psychology, (1976), Ball State University, Muncie, Indiana
B.A., Sociology, (1974), Pembroke State University, Pembroke, North Carolina
Other Professional Development Programs
Senior Executive Fellows Program (1993), John F. Kennedy School of Government,
Harvard University, Cambridge, Massachusetts
Contemporary Executive Development Program (1995), George Washington University,
Washington, DC.
'Leadership for the 21st Century, Chaos, Conflict, and Change (1996), John F. Kennedy
School of Government, Harvard University, Cambridge, Massachusetts
Professional Affiliations
Past Board Member, International Association for Continuing Education and
Training (IACET); received Outstanding Service Award
Currently Commissioner, IACET Accrediting Board
American Society of Military Comptrollers (ASMC); Associate Research Director
(1998)
Association for Government Accountants (AGA); certification as CFGM
(Certified Financial Government Manager)
Lifetime member of the Phi Delta Kappa
Member of PDK- Virginia Tech Northern Virginia chapter for 20 years
Received PDK Distinguished Service Award in May 2000
o Served as Chapter President 1984/85
o Delegate for 11 years:
o Represented the chapter at District and Biennial councils, and kept the
chapter informed about actions taken and business conducted at these
conferences.
~> Served on numerous committees for.the chapter (Nomination, Newsletter,
Initiation team)
Frederick L. Copeland
Page 2
Other Accomplishments and Commendations · Served on faculty selection committee at Virginia Tech
· Served on dissertation committee at Virginia Tech
· Awarded several Special Achievement Awards
· Received Army Superior Civilian Service Award and Sustained Superior
Performance Awards
· Received several Letters of Commendation, Special Achievement Awards, and
Letters of Appreciation for federal government service
· Awarded six U.S. Army Good Conduct Medals, three Army Commendation
Medals, the Meritorious Service Medal, and two Bronze Star Medals
EMPLOYMENT HISTORY
Education-Related Positions
George Mason University. Department of Public and International Affairs (1994-1996)
'Adjunct Faculty. Designed curriculum for the Public Finance and Budgeting course
and taught the course.
U.S. Department of Agriculture, Graduate School, Center for Applied
Management. Washington, DC. (1993 - 1995)
Instructor. Taught classes in Management and Program Analysis.
National Louis University. (June, 1989 to June, 1990)
Adjunct Professor. Taught upper-level undergraduate courses in the Bachelor of Arts -
Management Program.
Bowie State University (part-time, August, 1980 - November, 1982)
Instructor. Taught upper-level undergraduate courses in business, personnel
management, and organizational behavior.
Pentagon Education Center (May, 1978- April, 1980)
Education Advisor. Worked with the Assistant Director to oversee education programs
and services. Involved in all phases of staff planning, including evaluating in-house
college programs, preparing education services plans, and assessing program
effectiveness. Conducted educational outreach briefings to enlisted service members,
Frederick L. Copeland
Page 3
officers, and Department of Defense civilians. Provided educational counseling services
to active duty and retired military personnel.
City College of Chicago, European Branch, Rotterdam, Holland (September, 1975 -
August, 1977, part-time)
Instructor. Taught undergraduate courses in Psychology, Sociology, and Business.
Other Professional Experience
Learning Resource Group, LLC, Charlottesville, VA (January, 1999 - present).
Consultant. Provide consulting and facilitation services in leadership development,
including adjunct faculty assignments at the Federal Executive Institute.
U.S. Office of Personnel Management, The Federal Executive Institute (FEI),
Charlottesville, VA. (January, 1997- December, 1998).
Senior Faculty
· Served as program coordinator and instructor for the Leadership for a Democratic Society
Program and as facilitator for the Federal Executive Institute's Leadership Development
Teams and for the Executive Interactive Competencies workshops. Developed and
taught workshops for the FEI classes and for the Institutes' Center for Executive
Leadership; functional expert in A-76, privatization, performance measurement, strategic
thinking, downsizing, and future trends in government/management. Certified
Benchmarks facilitator.
Office of the Secretary of Defense {Comptroller), Directorate for Management
Improvement (Management Systems), Arlington, VA. (January, 1991 - January 1997)
Policy Analyst -- Financial Management, Education, and Training. Was actively
involved in designing the education and training programs for Department of Defense-
wide financial management personnel and served on the Education and Training Task
Force and the Career Development Task Force for the DoD financial management
community.
Acting President-- Defense Business Management University. Served as president in
the absence of the incumbent.
David R Bowerman
Rio
Lindsay G. Dorrier, Jr.
Charlotte Y. Humphris
Ja~ Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, V~rginia 22902-4596
(804) 296-5843 FAX I804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkins
Whi~
Sally H. Thomas
S~raueI Miile~
July 14, 2000
Mr. John E. Davidson
1935 Secretarys Rd.
Scottsville, VA 24590
Dear Mr. Davidson:
At the Board of Supervisors meeting held on July 5, 2000, the Board appointed you to the
Community College Board of Directors, with said term effective July 1, 2000 through
June 30, 2004. ! have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
CC:
James Camblos
Larry Davis
President, PVCC
Printed on recycled paper
David R Bowerman
Rio
Lindsa!; G. Dottier, Jr.
Charlotte Y. Humphris
Jack Jouett
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Vi~inia 22902-4596
(804) 296-5843 FAX (804) 29t5-5800
Charles S. Martin
Walter E Perkins
White ~
Sall~; H. Thomas
Samuel Miller
June 13, 2000
Mr. John E. Davidson
1935 Secretarys Rd.
Scottsville, VA 24590
Dear Mr. Davidson:
This letter will confirm your interview with the Board of Supervisors at 1:00 p.m.,
Wednesday, July 5, 2000, for a vacancy on the Community College Board of Directors. The
interview will last approximately ten minutes, and will be held in the fourth floor conference
room of the Albemarle County Office Building.
Please feel free to contact me at 296-2843 should you have any questions. Thank you.
Sincerely,
Laurel A. Bentley, C.M.C.
Senior Deputy Clerk
Printed on recycled paper
, ;804 951 5320 ~ 1/ 1
County of Albemarle
Office o{ Bo~i of ~ Sutxrvi~or,
401 McI'"'"'"'"'"'~ Road
Chadoctesvffle, VA 229024596
(804.) 296-5843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITtEE
(Please type or pdat.)
M~i~efi~ Dim~ ~ wUch yo~ home residence is to~a ~ ~s~l k
Ye~s ResiSt ~ ~b~le Co~, W Spore's N~e ¢'~[
-' -/ .... ' "~ - ~ '0
Reason{s) for Wishing t,o Serve on this Board/Commission/Committee
The information pro~ide~n this application ~ be rdeasedto the public upon request.
-
to; Clerk, Board o£ County Supervisors
/
Albem~rl¢ County
401 McIntire Ro~d
02-4596
,,3
David P. Bowerman
Rio
Lindsay G. Dorder, Jr.
$cott~llle
Charlotte Y. Humphri$
Jack Joue~t
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkim
White Hall
Sally H. Thomas
Samuel ~
July 14, 2000
Ms. Happy Darcus
1808-C Solomon Rd.
Charlottesville, VA 22901-2419
Dear Ms. Darcus:
At the Board of Supervisors meeting held on July 5, 2000, the Board appointed you to the
Co .mmission on Children and Families, with said term effective July 1, 2000 through
June 30, 2001. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
CC:
James Camblos
Larry Davis
Roxanne White
Saphira Baker
Printed on recycled paper
County of Albemarle
Office of Board of County Supervisors
401 McIndre Road
Charlottesville, VA 22902-4596
(804) 296-5843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE
(Please type or print.)
Board/Commission/Committee
Applicant's Name ~Q,D,D~--~_(~T'¢
Home Phone
Full Home Address ~- C, ?-~oVoFr~¥3,~6
Opcx.v-\c4-kes ¥~.X ~, e ~ ~ t m° Mt c~ oTTao l -Oq iq
Magisterial District in which your home residence is located b3 I;/k,
Employer Phone
Business Ad&ess
Occupation/Title
Date of Employment
Years Resident in Albemarle County [ ~- Spouse's Name
Previous Residence }',J]~ Number of Chil&en
Education (Degrees and Graduation Dates) /~.~ .~O~GT\Q ~ ,~:~"x%\ 3
M~bershps ~ Fmtem~, BmNess, Ch~ch md/or Soci~ Groups
Pubic, CiGc ~d Ch~table ~ffice md/or ~er A~Gdes or I=ere~,
Reason(s) for Wis~g to Se~e ov tNs Bo=d/Co~ssion/Co~=ee
%e ~fo~adon prodded on ~s app~c~don ~ be reiease~ to. me puo~c upon reque~.
Si~a~d , O -- - Dat[-
Return to:
Clerk, Board of CoUnty Supervisors
Albemarle County
401 Mclntire Road
Charlottesville, VA 22902-4596
FAX: (804) 296-5800
David P. Bowerman
Rio
IAndsay G. Dottier, Jr.
Charlotte Y. Humphds
Jack Joue~
COUNTY OF ALBEMARLE
Office of Board of Supeazisors
401 McIntire Road
Chaflotte~ville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivanna
Walter E Perkins
WI~ H~
Sally H. Thomas
July 14, 2000
Mr. William H. Bolton
1955 North Pantops Drive
Charlottesville, VA 22901
Dear Mr. Bolton:
At the Board of Supervisors meeting held on July 5, 2000, you were reappointed to the
Albemarle County Service Authority, with said term to run from April 17, 2000 through
April 16, 2004. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
J. W. Brent
Printed on recycled paper
David P. Bowerman
Rio
Lincl~ay G. Dorrier, Jr.
Charlotte Y. Humphris
Jack JouSt
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-584,3 FAX (804) 296-5800
Chades S. Martin
Rivarma
Walter F. Perkins
White Hall
Sally H. Thomas
Samuel Millet
July 14, 2000
Mr. A. Brace Dotson
2282 Whippoorwill Rd.
Charlottesville, VA 22901
Dear Mr. Dotson:
At the Board of Supervisors meeting held on July 5, 2000, you were reappointed to the
Fiscal Impact Advisory Committee, with said term to run from July 9, 2000 through
July 8, 2002. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Roxanne White
Printed on recycled paper
David R Bowerman
Rio
Lindsay G. Dottier, Jr.
Charlotte Y. Humphris
Jac~ Jouett
COUNTY OF ALB~! E
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804} 296-5843 FAX (804) 296-5800
Chades S. Martin
Rivanna
Walter E Perkins
White Ha~
Sally H. Thomas
Samuel I~ller
July 14, 2000
Mr. Peter G. Hallock
P.O. Box 138
Keswick, VA 22947
Dear Mr. Hallock:
At the Board of Supervisors meeting held on July 5, 2000, you were reappointed to the
Fiscal Impact Advisory Committee, with said term to run from July 9, 2000 through
July 8, 2002. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Roxanne White
Printed on recycled paper
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Members of the Board of Supervisors
Laurie Bentley, C.M.C., Senior Deputy Clerk
June 27, 2000
Vacancies on Boards and Commissions
I have updated the list of vacancies on boards and commissions through
September 30, 2000. Please advise me if you want me to advertise any of the vacancies.
In addition, I have attached a letter from Dr. Ward regarding the Budget Audit
Committee.
Attachments: 2
cc: Bob Tucker Larry Davis
Ch'ville Regional Chamber of Commerce
BOARD OR COMMISSION
NEW TERM
EXPIRE
DATE
APPLICANT/
INCUMBENT
INTERVIEW,
IF
SCHEDULED
John E. Davidson
1:00 p.m.
Fred Copeland 1:10 p.m.
Marvin H. Hilton 1:20 p.m.
Stanley A. Cook
1:30 p.m.
Happy
ALBEMARLE COUNTY PUBLIC SCHOOLS
Office of the School Board
401 Mclntire Road
Charlottesville, Virginia 22902-4596
http://kl 2.albemarle.org
June 20, 2000
Charles Martin, Chairman
Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Dear Mr. Martin:
At its June 12 and 19 meetings, the School Board indicated its interest in having a School
Board member representative on the County's Budget Audit Committee and asks that the
Board of Supervisors consider this request.
It is my understanding that the Committee is in the process of being formed and will be
tasked to meet with auditors and to deal with noncompliance budget issues in the near
future.
If additional information is needed, please call the Clerk's office at 972-4055. We look
forward to hearing from you regarding this request.
Sincerely,
Charles M. Ward
Chairman
Cc: Albemarle County School Board
Kevin C. Castner, Superintendent
"We Expect Success"
MEMORANDUM
TO: Board of Supervisors
FROM: Laurel A. Bentley, C.M.C.
Senior Deputy Clerk
DATE: June 27, 2000
RE: Applications for Boards and Commissions
I have attached copies of applications for the vacancies on Boards and Commissions. Please note
that you will conduct interviews for the Community College Board of Directors on July 5, 2000. Thank
you.
Attachments:
cc: Bob Tucker
Larry Davis
County of Albemarle
Office of Board of County Supervisors
401 Mclntire Road
Charlottesville, VA 229024596
(804) 296-5843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE
(Please type or print.)
Board/CommJssion/Cornrrfi=ee Piedmont Virginia Community College Board
Applicant's Name Stanley A. Cook HomePhone (804) 973-9112
Fu~ Home Address 1643 Townwood' Court
Charlottesville 22901
MagSstefial District in which your home residence is located Rio
Employer u.s. Environmental Protection Agency Phone (703) 305-7190
Business Address
1921 Jefferson Davis Highway
Arlington, Virginia 22202
Occupation/Tide public administrator/environmental
protection specialist
Years Resident in Albemarle County 9
Previous Residence Charlottesville
Date of Employment 1984
Spouse's Name --
Number of Children --
Educgion~egreesand Gradu~ion D~eD post doctoral, University of Virginia (t981); Ph.D.,
University of Tennessee (1977); M.P.A., University of Tennessee (1971); B.A.,
Washington & Lee University (1964); coursework at Piedmont Community College
Memberships in Fmtern~,Bus~ess, Church and/orSoci~ Groups Canadian-American Business Council
National Association of Securities Dealers, Board of Arbitrators
Pub~c, Ci¼candCharitable Office and/orOtherA~Mdesorlnterests Virginia Council on Human Rights
U.S. Information Agency American Participant Program; U.S. Supreme Court Historical Society
Reason(s) for Wishing to Serve on this Board/Comrrdssion/CommJ=ee having a strong interest in
education~a~d substantial experience in the field--as a student and as a teacher
/ ' ' ' ' n this a licad~sn will be released the public upon request.
· c i
The mmrma, t on p£ovmec~ o pp, ., to
~' ~~z.~r-,L Q~. ~.~Q April Z9
Signature I_ Date
2000
Return to:
Clerk, Board of County Supervisors
Albemarle County
401 Mclntire Road
Charlottesville, VA 22902-4596
FAX: (804) 296-5800
BOARD OF SUPERVISORS
STANLEY A.. COOK
Box 3730, University Station
Charlottesvile, Virginia 22901
(804) 973-9112
cook. stanley@epamall.epa, gov
PROFILE:
Political scientist, trained in public law and administration, with experience in
communications, legislative/regulatory process, management, politics,' and
education.
EXPERW. NCE:
Legislative, Regulatory Process
Conducted consumer awareness campaign on correct application of wood
preservatives.
Coordinated the process for determining, regulatory decisions on use of pesticides.
Analyzed information pursuant to recommending agency or member's position on
legislation.
Composed legislative statements--Congressional Record, speeches, testimony, position
papers, correspondence, and press releases.
Assisted in preparation of legal brief that led to prohibition of smoking on interstate
buses.
Aided in formulating proposed legislation and in securing its passage.
Communications/Public Relations
Maintained liaison with government personnel (national, state and local),
environmental organizations, trade associations, the press, and the public with regard
to.environmentally acceptable methods for controlling insects, rodents, and plant
disease.
Disseminated information about integrated pest management GPM) and assisted the
public and private sectors in learning about and utilizing IPM.
Composed statements, papers, and speeches on IPM; edited publications on IPM, and
answered inquh'ies (oral and written) about [PM.
Authored paper, "The Position of International Agreements in the Municipal Law of
the United States," used by the U.S. House of Representatives Government
Operations Committee.
Conducted liaison with regional council of governments and other local governments
for Mayor of MetropOlitan Nashville.
Wrote dissertation on U.S. Supreme Court and thesis on Canadian government.
Lectured on government and politics before American and foreign audiences.
Stanley Cook, Page 2
Coordination, Management
Managed program for indemnifying owners of pesticides removed from market by
government order, involving about $50 million in payments, including, examining the
feasibility of exporting such pesticides as an alternative to compensating.
Secured governmental agency and non-profit organization participation in EPA-
sponsored' .F_xrth Day activities in Washington, D.C. area.
Arranged for and administered contracts, exceeding a million dollars in value, in
support of agency programs.
Administered time accounting infOrmation system that provided information on the
daily work of approximately 500 employees in about 40 subject areas, data that was
used to monitor workloads, allocate resources, and plan agency activities.
WORK HISTORY:
Environmental Protection Specialist, U.S.' Environmental Protection Agency, 1984-present
Legal Assistant, Cadwalader, Wickersham & Taft, 1982-83
F_ditor & Writer, Institute of Government, University of Virginia, 1980-81
Prior employment:
Legislative Assistant, U.S. Department of Interior
Legislative Assistant, U.S. Senate
Intergovernmental. Relations Assistant, Mayor of Metropolitan Nashville
Professor of Government, University of Tennessee
EDUCATION:
Post doctoral in public law, University of Virginia (1981)
Ph.D. in political science, University of Tennessee (1977)
Ford Foundation Fellowship
M.P.A., University of Tennessee (1971)
B.A. in government and'business, Washington and Lee University (1964)
Pi Sigma Alpha (government honorary), Dean's List
OTItER ACTrVIT~:
Author of several articles on government and politics, including "Judges--Appointed by the
General Assembly or by a Commission?" Virginia Municipal League publication
Convener or member of several American Society for Public Administration panels,
including "Pros and Cons of a Consumer Advocacy Agency"
Member of U.S. Army; National Veterans Honor Society (chapter president)
Member, Virginia Council on Human Rights
AFFILIATIONS:
American Bar Association
American Political Science Association
National Association of Securities Dealers, Board of Arbitrators
U.S. Chamber of Commerce, International Forum
U.S. Information Agency American Participant Program
U.S. Supreme Court Historical Society
Box 3730, University Station
Charlottesville,'Virginia 22903
June 1, 2000
Members
Albemarle County Board of Supervisors
401 Mclntyre Road
Charlottesville, Virginia 22902
Dear Board Members:
A twenty year resident of this area, with a strong interest in education, substantial
participation in that field, and other useful experience, I would like to apply for one of the
forthcoming vacancies on the Piedmont Virginia Community College Board that the Albemarle
County Board will have responsibility for filling. Accordingly, I am submitting a resume for
your, review.
My qualifications include involvement in education, familiarity with germane issues,
expertise in administration, and knowledge of relevant governmental and political processes.
Through being a student or faculty member, I have been affiliated with several colleges and
universities, including three in Vi?ginia: Piedmont Community, Washington & Lee, and the
University of Virginia. For almost a decade, I was employed in teaching--in junior high, high
school, and college. Occasionally, I lecture on campus. As a result of my academic association,
I have dealt with many of the typical issues facing such institutions as Piedmont: curricula,
academic standards, budgets, personnel, financial aid, and placement. Having information about
these topics should be helpful to a board member in determining policy, developing strategy, and
providing oversight. From various sources, including membership in organizations, courses, and
ownership of stock in corporations, I am aware of the responsibilities of boards of directors.
Via education and employment, I have acquired skill in administration and knowledge of
government, law, and politics, factors that should be advantageous in serving on an educational
board of trustees. In addition to training in business, political science, public law and
administration, I have held positions in local, state, and national government. Presently, my
principal professional activity is that of being an administrator with the U.S. Environmental
Protection Agency. At times, I write articles and give talks on public policy topics. The above
experience has increased my insight about administration, government, and politics, a fact that
should be of assistance to me in functioning as a member of a school board.
-2-
If I receive an appointment to the Piedmont Virginia Community College Board, I would
anticipate devoting sufficient time and effort to be an informed and productive member. In
consultation with community leaders, I would also expect to seek constructive and appropriate
change, instead of merely occupying a chair. With my education and experience, I feel that I am
well positioned for such a role. Should you wish further information, including references,
please contact me. Thanks for your consideration.
erely yours,
Enclosure
County of Albemarle
Office of Board. of Goumy Supervi_sors
401 Mckth'e Ro~d
Cl'mrlotteswille, VA 22902-4596
¢04) ~%-~s4~
APPLICATION TO SF._RVE ON. BOARD/COM2V~SSION/COMlV1ZrTEE
(Please tTpe or print.)
/
Business Ad&ess
Ocmpadon/Title
Years iKesldent in Albemarle Com~;7 ._~
Pre¼ous Residence ~/O/J'
Da~e of Empioymen~
Number oI Cb_il&e2 ~,
M.embersizips b Fr=emai, Business, Church trod/or $od~ Groups zPZ'¢' .~/a/./~,~z/z~ ("~ar,,c~..,/'e/t-~ ~,r?,'
Return to: Clerk, Board of Co'tmty Supervi~ ors
Albem=te Co ur~ty
401 MclntSre Road
Chadomes'dlle, VA 22902-4596
F~,X: (804) 296-5800
,.4., ,~..,, .. ,/,,. ,,,,.,
BOARD OF SUPERVISORS
Frederick L. Copeland
Page 1
Education
Ed.D., Education (Administration) (1987), Virginia Polytechnic Institute and: State
University, Blacksburg, Virginia.
M.A., Management and Supervision, (1979), Central Michigan University, Mount
Pleasant, Michigan
M.A., Counseling Psychology, (1976), Ball State University, Muncie, Indiana
B.A., Sociology, (1974), Pembroke State University, Pembroke, North Carolina
Other Professional Development Programs
Senior Executive Fellows Program (1993), John F. Kennedy School of Government,
Harvard University, Cambridge, Massachusetts
Contemporary Executive Developmem Program (1995), George Washington University,
Washington, DC.
Leadership for the 21st Century, Chaos, Conflict, and Change (1996), John F. Kennedy
School of Government, Harvard University, Cambridge, Massachusetts
Professional Affiliations
Past Board Member, International Association for Continuing Education and
Training (IACET); received Outstanding Service Award
Currently Commissioner, IACET Accrediting Board
American Society of Military Comptrollers (ASMC); Associate Research Director
(1998)
Association for Government Accountants (AGA); certification as CFGM
(Certified Financial Government Manager)
Lifetime member of the Phi Deka Kappa
o Member of PDK~ Virginia Tech Northern Virginia chapter for 20 years
o Received PDK Distinguished Service Award in May 2000
o Served as Chapter President 1984/85
o Delegate for 11 years:
o Represented the chapter at District and Biennial councils, and kept the
chapter informed about actions taken and business conducted at these
conferences.
o Served on numerous committees for the chapter (Nomination, Newsletter,
Initiation team)
Frederick L. Copeland
Page 2
Other Accomplishments and Commendations
[]Served on faculty selection committee at Virginia Tech
Served on dissertation committee at Virginia Tech
[]Awarded several Special Achievement Awards
Received Army Superior Civilian Service Award and Sustained Superior
Performance Awards
· Received several Letters of Commendation, Special Achievement Awards, and
Letters of Appreciation for federal government service
· Awarded six U.S. Army Good Conduct Medals, three Army Commendation
Medals, the Meritorious Service Medal, and two Bronze Star Medals
EMPLOYMENT HiSTORY
Education-Related Positions
George Mason University. Department of Public and International Affairs (1994-1996)
Adjunct Faculty. Designed curriculum for the Public Finance and Budgeting course
and taught the course.
U.S. Department of Agriculture, Graduate School, Center for Applied
Management. Washington, DC. (1993 - 1995)
Instructor. Taught classes in Management and Program Analysis.
National Louis University. (June, 1989 to June, 1990)
Adjunct Professor. Taught upper-level undergraduate courses in the Bachelor of Arts -
Management Program.
Bowie State University (part-time, August, 1980 - November, 1982)
Instructor. Taught upper-level undergraduate courses in business, personnel
management, and organizational behavior.
Pentagon Education Center (May, 1978 - April, 1980)
Education Advisor. Worked with the Assistant Director to oversee education programs
and services. Involved in all phases of staff planning, including evaluating in-house
college programs, preparing education services plans, and assessing program
effectiveness. Conducted educational outreach briefings to enlisted service members,
Frederick L. Copelaad
Page 3
officers, and Department of Defense civilians. Provided educational counseling services
to active duty and retired military personnel.
City College of Chicago, European Branch, Rotterdam, Holland (September, 1975 -
August, 1977, paR-time)
Instructor. Taught undergraduate courses in Psychology, Sociology, and Business.
Other Professional Experience
Learning Resource Group, LLC, Charlottesville, VA (January, 1999 - present).
Consultant. Provide consulting and facilitation services in leadership development,
including adjunct faculty assignments at the Federal Executive Institute.
U.S. Office of Personnel Management, The Federal Executive Institute (FEI),
Charlottesville, VA. (January, 1997 - December, 1998).
Senior Faculty
Served as program coordinator and instructor for the Leadership for a Democratic Society
Program and as facilitator for the Federal Executive Institute's Leadership Development
Teams and for the Executive Interactive Competencies workshops. Developed and
taught workshops for the FEI classes and for the Institutes' Center for Executive
Leadership; functional expert in A-76, privatization, performance measurement, strategic
thinking, downsizing, and future trends in government/management. Certified
Benchmarks facilitator.
Office of the Secretary of Defense (Comptroller), Directorate for Management
Improvement (Management Systems), Arlington, VA. (January, 1991 - January 1997)
Policy Analyst -- Financial Management, Education, and Training. Was actively
involved in designing the education and training programs for Department of Defense-
wide financial management personnel and served on the Education and Training Task
Force and the Career Development Task Force for the DoD financial management
community.
Acting President-- Defense Business Management University. Served as president in
the absence of the incumbent.
5-78--00;!5:07 ;AIM~ ;804 g51 5320 = 1/ 1
County of Albemarle
O~ce of Board of~ Sutmvlsor,
401 Mclmlre Road
Chadotr. esv~e, VA 22902-4596
(804) 296-S843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE
(Please tyg¢ or print.)
Magi~efifl Di~4= N wNch yo= home residence is [oc=ed . 5~ ~(I ~
Ye=sResidentN~bem=leCotm~ 'T Spo=e'sN=e ~¢;~ ~.'~avsa~
MembemNps...h Fmtem~, BmNess, ~ch and/or Smi~..Group~ ~e. ~c,~ ¢g,k ~ ~tC~?
Ntb~c, Cite =d Ch~table OfficemWor ~erA~vides or Inte=~s ~~. G~% P~ic
Reason(s) for Wishing to Serve on
The information pro,,ide.~ this application wil be released to r~e public upon request.
1K,~-mm to; Cl~rk, Board of Cotmty Supervisors'
/ Albm'narl¢ County
' 401 Mclntire Road (~ Cod:arc
County of Albemarle
Office of Board of County Supervisors
401 McIndre Road
Charlottesville, VA 22902-4596
(804) 2964843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE
(Please type or print.)
o a/Com ,s =/Com =e
Full Home Ad&ess z'Sf'~'~' ~:~/o"' k~.,./,,,~,-- o/ ~oc,/
Magisterial District in which your home residence is located 0--,='.~ ~ /
Employer -3-'ee ,,~z',te.,¥e¢/" Phone ~'~'-'zS,~-
Business Ad&ess
Occupation/Title
Date of Employment
Years Resident in Albemarle County ,~d?
Previous Residence ~"~,,'f'~,.--/~;~_ro-,.-,~/./e Number of Chil&en --~ '
Memberships in Fraternal, Business, Ghurch and/or Social Groups ,~.~k~t
Public, C'-ivic and Charitable Office and/or Other Activities or Interests
/ -- /
Reason(s) for Wishing to Serve on this Board/Commission/Comrmttee ,.~V~= w ;;~z'~.O% o/'
Tjae infarrnadon provided on this aa~llcadon will be released to the public upon request.
~tgnamre Date ~
Return to:
Clerk, Board of County Supervisors
Albemarle County
401 Mclntire Road
Charlottesville, VA 22902-4596
FAX: (804) 296-5800
BOARD OF SUPER¥ISOR$
Addendum to
Application to serve on the Community College Board of Directors
Marvin H. Hilton
Employer: (a) self-employed Consulting Civil Engineer (b) Clerk's Office, VA House of
Delegates, during the annual legislative session.
Reasons for wishing to serve on the Board: A strong relationship between the institutions
of higher learning and the business, industrial, and professional sectors is essential to
assure that educational programs are responsive to the needs of society Accordingly, I
have tried to maintain an association with the educational process by serving in advisory',
evaluation, and teaching capacities as follows:
· From t992-2000 I have chaired the American Society of Civil Engineer's (ASCE)
Engineering Education Committee that meets annually with the Department Heads of
Virginia's four civil engineering schools to discuss matters of mutual concern to
practicing professional engineers and engineering educators.
In November, 1999 1 served on a panel representing the Accreditation Board for
Engineering and Technology (ABET) that visited the University of Maryland for the
· purpose of evaluating its engineering pro,ams for accreditation by ABET.
From 1977-1994 1 served as a Lecturer in Civil Engineering at the University of
Virginia.
These activities have given me a familiarity with the higher education process and its
relationship to the needs of the working sectors of our economy. I feel that I can make a
positive contribution to the work of the Community College Board of Directors.
County of Albemarle
Office of Board of County Supervisors
401 Mclntire Road
Charlottesville, VA 229024596
(804) 296-5843
APPLICATION TO SERVE ON BOARD/COMMISSION/COMMITTEE
(Please type or print.)
Board/Commission/Commktee ~_(5~$~(~ C~\~ ('~('~t~C~C~ O~r~ ~C~~
App~cmt's N~e ~C, pp~GVC~ Home Phone
F~ Home Address ~~ C ~VO~ ~d
Magi~efiJ Di~ N wNch yo~ home residence is located ~ ,~
Employer Phone
Business Address
Occupation/Tide
Date of Employment
Years Resident in Albemarle County
Spouse's Name
Previous Residence N,/I4 Number of Children
Education (Degrees and Graduation Dates) A/~,OqGV\C -xC~,~tfX
MembersNps ~ Fr=em~, BmNess, Ch~ch md/or SocM Groups
Public, CMc md Ch~table Office md/or ~her A~vides or Intereas,
Reason(s) for Wis~g to Se~e on tNs Bo~d/Co~ssion/Co~=ee
e ~fo=adon prodded o~ ~s app~cauo~ ~ oe raeasea to me puo~c upon reque~.
Silage~ * o Dark
Return to:
Clerk, Board of County Supervisors
Albemarle County
401 Mclntire Road
Charlottesville, VA 22902-4596
FA,'(: (804) 296-5800