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HomeMy WebLinkAbout1996-05-01 FINAL 9;00 A.M. May 1, '1996 Room 24'1, County Office Building 2. 3. 4. 5. 6. 7. 10. 11. 12. 13. 14. 15. 16. 17. 18. Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet). Approval of Minutes: November 3, 1993; March 22, 1995, andAprit 9, 1996. Transportation Matters: a) Discussion: Route 631 widening, from Route 743 to Route 29 to include sidewalks on the west side. b) Other Transportation Matters. W~iter Conservation Presentation by the Albemarle County Service Authority. 10:00 a,m. - Public Hearing On a RESIDENTIAL LEASE AGREEMENT with addendum, by and between the County of Albemarle and the City of Charlottesville for property known as the Towe Park Tenant House. Slide Presentation by Bob Kirchman, re: Crezet: 2000+. Discussion: Proposal for AlbemarleCounty Strategic Plan. Work Session: Comprehensive Plan. '1'1:30 a,m, - Recognition of Boards and Commissions on the Front Lawn. Other Matters not Listed on the Agenda from the BOARD, Executive Session: Legal and Personnel Matters. Certify Executive Session. Appointments. Adjoum. C 0 NS E N T A GE N D A~ FOR APPROVAL: 5.1 Appropriation Requests: a) b) c) d) e) Education, $105,828.19 - (Form #95065), Commonwealth's Attorney. $11~607.50 - (Form #95069), Commonwealth's Attorney, $8390.70 - (Form ~95070). Mill Creek Industrial Park - Stoney Ridge Road. $21,717.38 (Form #95071). Capital Improvements ProgramFY 1996-97 Appropriation Ordinance and Resolution of Official Intent for.use of VPSA Bond proceeds_ 5~2 Proclamations: a) May, 1996, as Multiple Sclerosis Awareness Month. b} May 13 - May 1.9. 1996. as Senior Center Week. c) May 19 - May 25, 1996, as Industry Appreciation Week. 5.3 Authorize Chairman to sign well dedication document for ChdsGreene Lake. 5.4 Appointment to the Jefferson Health Council of the Northwestern Virginia Health Systems Agency. 5.5 Order advertisement of a public hearin~ to convey ownership of Lot 38A1 (TMP 45C-01-0E-38) in Woodbreok to the School Board. 5,6 Authorize Certificate of Approval and Adopt Resolution for VHDA mortgage loan for moderate ncome housing renovation project at Linwood Development. 5.7 P, estroom access for youth sport programs at School athletic fields. 5.8 Adopt Resolution directing the Thomas Jefferson Planning District Commission (TJPDC) to apply for and manage state welfare reform planning. 5.9 Authorize Chairman to sigq letter requesting disaster designation for Albemarle County vineyards. 5.10 Approve $3,750 for the County's local match for a Criminal Justice Planner for the Community Criminal Justice Board (CCJB). 5.11 Order advertisement of public hearing to consider the discontinuance of a portion of Route 782 (Stribling Avenue Extended). 5.12 Adopt proposed revision to Drug and Alcohol Policy (Personnel Policy-06). 5.13 Statements of Expenses for the Department of Finance. Sheriff Commonwealth's Attorney, Regional Jail and Clerk. Circuit Court, for the months of February and March. 1996 I~OR INFORMATION: 5.14 Letter dated April 23, 1996. from Angeta G. Tucker, Resident Highway Engineer. to Ella W. Carey, Clerk. regarding transportation matters discussed at the April 3 and April 10, 1996, Board meetings. 5.15 Albemarle County Planning Commission - 1995 AnnuaI Report. 5.16 Copy of Planning Commission minutes for April 9, 1996. 5.17 Update on Juvenile Detention Needs Assessment and Request for Proposals for FeasibiIity/ Planning Study. 5.18 Draft Executive Summary of the Commonwealth of Virginia Prooosed Consolidated Plan 1996- 2000. as prepared by the Virginia Department of Housing and Community Development. 5.19 Copies of minutes: a) Board of Directors of the Rivanna Solid Waste Authority for March 25.1996. b) Board of Directors of the Rivanna Water and Sewer Authority for March 25 1996. c) Board of Directors of the Albemarle County Service Authority for March 21. 1996. 5.20 nformation on proposed Bdght Stars Four Year Old Program for FY 1996-97. 5.21 February, 1996 Financial Report. 5.22 Letter dated April 18, 1996. from R. L, Chwojdak, Location and Design Division, Highway Department, sending a copy of the revised public notice on Pre~ect: 6029-967-F01. PE-100. for the Route 29 North Corridor Development Study. 5.23 Letter dated April 24, 1996, from A. G. Tucker, Resident Highway Engineer, to Ella W. Carey, Clerk, forwarding the monthly update on highway improvement projects currently under construction in Albemarle County. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virgirfia 22902-4596 (804) 296-5843 FAX (8041 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkln~ Sally H. Thomas TO: FROM: DATE: SUBJECT: Robert W. Tucker, Jr., County Executive Ella W. Carey, Clerk May 3, 1996 Board Actions of May 1, 1996 The following is a list of actions taken by the Board of Supervisors at its meeting on May I 1996: Agenda Item No. 1. The meeting was called to order at 9:01 a.m. by the Chair, Mrs. Humphris. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the PUBLIC. There were none. Item. 5.1a. Appropriation Request: Education, $105,828.19 - [Form #95065). APPROVED. Original sent to Melvin Breeden. Item 5.1b. Appropriation Request: Commonwealth's Attorney, $11,607.50 - (Form #95069). APPROVED. Original sent to Melvin Breeden. Item 5.1c. Appropriation Request: Commonwealth's Attorney, $8390.70- (Form #95070). APPROVED. Original sent to Melvin Breeden. Item 5.1d. Appropriation Request: Mill Creek industrial Park - Stoney Ridge Road, $21,717.38 tForm #95071). APPROVED. Original sent to Melvin Breeden. Item 5.1e. Appropriation Request: Capital Improvements Program FY 1996-97 Appropria- tion Ordinance. ADOPTED. Printed on recycled I~aper Robert W. Tucker, Jr. May 3, 1996 (Page 2) Resolution of Official Intent to Reimburse Expenditures for Various Public Improvements with Proceeds of Bonds. ADOPTED. Original sent to Melvin Breeden. Mrs, Thomas suggested that the study of athletic fields which is to be done by Parks and Recreation be done using a citizens advisory committee Item 5,3, Authorize Chairman to sign well dedication document for Chris Greene Lake. AUTHORIZED the Chairman to sign a Well Dedication documents for a 100' x 100' of tract shown on plat of survey recorded in Deed Book 423, pages 114, plat 423, page 119, in the Clerk's Office of the Circuit Court of Albemarle County, Item 5.4. Appointment to the Jefferson Health Council of the Northwestern Virginia Health Systems Agency. APPROVED staff's recommendation to appoint John Harlan as the County's representative immediately. Item 5.5. Order advertisement of a public hearing to convey ownership of Lot 38A1 (TMP 45C-01-0E-38) in Woodbrook to the School Board. APPROVED staff's recommendation to advertise public hearing for June 5, 1996. Item 6.6. Authorize Certificate of Approval and Adopt Resolution for VHDA mortgage loan for moderate income housing renovation project at Linwood Development. AUTHORIZED the Chairman to s~gn the required certificate of approval, and adopted the required resolution approving the use of VHDA's Multi-Family Loan Program funds for the Linwood project. Item 5.7. Rest Room Access for Youth Sport Programs at School Athletic Fields, RECEIVED. Mr. Martin requested that the County begin the projects at the major multi-use game and practice sites such as Hollymead/Sutherland, Henley/Brownsville, and Jouett/Greer for the Spring of 1996. Item 5.8. Adopt Resolution directing the Thomas Jefferson Planning District Commission (TJPDC) to apply for and manage state welfare reform planning. ADOPTED the requested resolution. Item 5.9. Authorize Chairman to sign letter requesting disaster designation for Albemarle County vineyards. Mrs. Humphris returned the letter to Mr. Tucker to have typographical errors corrected. AUTHORIZED the Chairman to s~gn the requested letter. Robert W. Tucker, Jr. May 3, 1996 (Page 3) Item 5.10. Approve $3,750 for the County's local match for a Criminal Justice Planner for the Community Criminal Justice Board (CCJB). APPROVED the request as presented. Item 5.11. Order advertisement of public hearing to consider the discontinuance of a portion of Route 782 (Stribiing Avenue Extended). ORDERED advertisement of a public hearing for June 5, 1996. She urged all to drive along that road so that everyone witl know what is being discussed, There is one person whose farm and house exits off of that road, and he is concerned that he will not be able to get out of his property during spells of bad weather. Item 5.12. Adopt proposed rewsion to Drug and Alcohol Policy (Personnel Policy-06). ADOPTED, Item 5.19a. Copy of Minutes of the Board of Directors of the Rivanna Solid Waste Authority for March 25, 1996. Mrs. Thomas noted that the minutes refer to reports which had been received and filed, but no information on those was available. She asked if there is any kind of an annual report that could be forwarded. Item 5.19b. Copy of Minutes of the Board of Directors of the Rivanna Water and Sewer Authority for March 25, 1996, Mrs. Humphris noted that Water Production information was missing from this set of minutes. Item 5.22. Letter dated April 18, 1996, from R. L. Chwojdak, Location and Design Division, Highway Department, sending a copy of the revised public notice on Project: 6029-967- F01, PE-100, for the Route 29 North Corridor Development Study. Mrs. Humphris noted that there will be a meeting of both the Steering and Technical Committees in this building on May 6, 1996. Agenda Item No. 7a. Transportation Matters: Discussion: Route 631 widening, from Route 743 to Route 29 to include sidewalks on the west side, The Board was informed that a sidewalk on the west side of Rio Road could involve the taking of a dwelling. Since the staff did not know this when it made the report, it was DECIDED to not take any action this date pending receipt of a revised staff report. Agenda Item No. 7b. Other Transportation Matters. Mr. Marshall asked if the Highway Department will coordinate the four-laning of Route 20 South with the County's construction of the road leading into the new high school. Angela Tucker said they have requested the CTB to give it priority on the Primary Six-Year Plan. Mr. Marshall asked what the County can do to help. Bob Tucker suggested the Board write the local members of the CTB asking their support. By consensus, the Chairman is to send a letter stating the Board's support of this project. Robert W. Tucker~ Jr. May 3, 1996 (Page 4) The remaining items under Transportation Matters will be issued in a separate memo, Agenda Item No. 9. Public Hearing on a RESIDENTIAL LEASE AGREEMENT, with addendum, by and between the County of Albemarle and the City of Charlottesville for property known as the Towe Park Tenant House. AUTHORIZED County Executive to sign. Agenda Item No. 11. Discussion: Proposal for Albemarle County Strategic Plan. DIRECTED staff to proceee with developing an Albemarle County Strategic Plan which would include the major goals and objectives for identified priority areas, including education, human services, arts and culture, economic development and housing, with the understanding that the land use/physical development/facility elements in the Comprehensive Plan will also be incorporat- ed into the plan after its final approval. Agenda item No. 12. Work Session: Comprehensive Plan. VOTED - Property on corner of 29/Hydraulic Road (Sperry) which is presently zoned industrial. APPROVED an agreement between Albemarle County and the Seminole Trail Volunteer Fire Department regarding purchase of an aerial ladder truck and the hiring of paid firefighters to help man that ladder truck, VOTED to notify the City that the Board wishes to discuss the contract for fire service on the Bypass Company at a contract price of $620,000 this year. It was noted that the contract requires the Board to notify the City by July 30 if the contract is to be terminated, At this time, the Board does not wish to do that, but does wish to enter into a discussion of the terms of that agreement for the fiscal year '97-98. Agenda Item No. 12. The Board returned to the Work Session on the Comprehensive Plan. There is a small area at the corner of 5th Street and the 1-64 Interchange which is being shown as transitional. It was the consensus of the Board to leave property at that designation as a transitional use. Discussed having definitive standards for areas being added to the growth areas. To identify the standards that need to be set for areas which will ultimately become urban areas. To discuss in-fill issues, look at expansion areas and talk about criteria under which they might expand. Look at the whole Rural Areas concept. Bob Tucker mentioned that there may be a joint meeting with the Planning Commission in June to discuss the Rural Areas, but not during the day. Agreed that Board had, by consensus, agreed to the deletion of the villages of North Garden & Eadysville. Robert W. Tucker, Jr. May 3, 1996 (Page 5) Board members present agreed to the following as stated by Mr. Cilimberg: 1) To take existing growth areas as boundaries exist in the Comprehensive Plan of 1989, without E~adysville and North Garden, and implement the new land use designations for those areas and adopt that immediately so staff has that to work with on proposals that come through in the existing growth areas. 2) Look at the areas staff identified as expansion areas and start talking about the criteria under which they might expand, as well as how in-fill can be achieved and what needs to be done to accomplish in-fill In combination with another look at the whole rural areas concept. That is to be discussed first with several months before staff will bring back some second- pronged approved, or plan for approval. For the next few months, it will be a new land use plan on an old growth area boundary. Probably could return something in four weeks for discussion. Mrs. Humphris said that on June 5, there will be two discussions concerning the Compre- hensive Plan; 1) A discussion and vote on a land use plan; and 2) a brainstorming session on the future of the growth areas and all things involved there; rural areas, growth areas, holding areas, dotted line, etc. Agenda Item No, 17. Appointments. There were none. Agenda Item No. 18. Adjourn. The meeting adjourned at 4:53 p.m. LEN/mms Attachments (12) cc: Richard E. Huff Roxanne White Jo Higgins Bruce Woodzell Richard Wood Amelia McCulley Jan Sprinkle Larry Davis Wayne Cilimberg Kevin Castner File APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95065 TYPE OF APPROPRIATION ADDITIONAL TP~ANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND SCHOOL PURPOSE OF APPROPRIATION: REAPPROPRIATION OF C~ARRY OVER FLrlVDS FROM SCHOOL BASED ACCOUNTS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1221661101601300 INST/REC. SUPPLIES $5,405~00 1220261101601300 INST 1221461101601300 INST 1220361101601300 INST 1220461101601300 INST 1220561101601300 INST 1220661101601300 INST 1221561101601300 INST 1220761101601300 INST 1220961101601300 INST 1221061101601300 INST 1221161101601300 INST 1221261101601300 INST 1221361101601300 INST 1225161101601300 INST 1225261101601300 INST 1225461101601300 INST 1225561101601300 INST 1230161101601300 INST 1230261101601300 INST 1230361101601300 INST /REC. SUPPLIES 3,571.00 /REC. SUPPLIES 6,759.00 /REC. SUPPLIES 5,062.00 /REC. SUPPLIES 8,654.00 ZREC. SUPPLIES 2,429.00 /REC. SUPPLIES 3,308.00 /REC. SUPPLIES 1,148.00 /REC~ SUPPLIES 1,736.00 /RECo SUPPLIES 5,600.00 /RECo SUPPLIES 9,712.00 /REC. SUPPLIES 2,131.00 /REC. SUPPLIES 3,401.00 /REC. SUPPLIES 1,634.00 /REC. SUPPLIES 6,777.00~ /P~EC. SUPPLIES 9,~48.00 /REC. SUPPLIES 105.00 /REC. SUPPLIES 10,613.19 /REC. SUPPLIES 9,270.00 /REC. SUPPLIES 4,183.00 /REC. SUPPLIES 4,882.00 TOTAL $105,828.19 REVENUE DESCRIPTION AMOUNT 2200051000510100 APPROPRIATION-FUND BAI~CE $105,828.19 TOTAL $105,828.19 REQUESTING COST CENTER: EDUCATION APPROVi~J~S: DIRECTOR OF FINi~NCE BODA~D OF SUPERVISORS S I GNA TURE DATE APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95069 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GENERAL PURPOSE OF APPROPRIATION: ADDITIONAL FI/ND FOR COMMONWEALTH ATTORNEY FOR SPECIAL PROSECUTOR. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1100022010390000 PURCHASED SERVICES-LEGAL Sll,607~50 TOTAL $11,607.50 REVENUE DESCRIPTION AMOUNT 2100023000230101 STATE SHARED EXPENSES $10,460.00 2100051000510100 GENERAL FUND BALANCE 1,147.50 TOTAL $11,607.50 REQUESTING COST CENTER: COMMONWEALTH ATTORNEY APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE APPROPRIATION REQUEST FISCAL YEAR 95/96 TYPE OF APPROPRIATION ADVERTISEMENT REQUIRED ? F~D PURPOSE OF APPROPRIATION: NUMBER 95~70 ADDITIONAL TRANSFER NEW X YES NO X GENERAL ADDITIONAL FUND FOR COMMONWEALTH ATTORNEY FOR COMPUTER EQUIPMENT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100022010800700 ADP EQUIPMENT $8,390.70 TOTAL $8,390.70 REVENUE DESCRIPTION AMOUNT 2100023000230101 STATE SPcA. RED EXPENSES $5,338.00 2100051000510100 GENERAL FUND BALANCE 3,052.70 TOTAL $8,390.70 REQUESTING COST CENTER: COMMONWEALTH ATTORNEY APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE FISCAL YEAR APPROPRIATION REQUEST 95/96 NUMBER 95071 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED o YES NO X FUND CAPITAL/GENERaL PURPOSE OF APPROPRIATION: FUNDING TO REIMBURSE VDOT FOR EXPENDITUES ON STONEY RIDGE ROAD/MILL CREEK. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1901041000950100 MILL CREEK INDUSTRIAL PARK $21,717.38 TOTAL $21,717.38 REVENUE DESCRIPTION AMOUNT 2901019000199929 DEVELOPER-MILL CREEK $21,717.38 TOTAL $21,717.38 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS ENGINEERING S I GNATURE DATE COUNTY OF ALBEMARLE ANNUAL APPROPRIATION ORDINANCE CAPITAL IMPROVEMENTS PROGRAM FOR TME FISCAL YEAR ENDING JUNE 30,1997 AN ORDINANCE making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS PRO~RAM for the fiscal year ending June 30~ 1997; =o prescribe the provisos, terms, conditions and provisions with respect to the items of appropriation and their payment; end to repeal all ordinances wholly in conflict with this ordinance and all ordinances inconsistent with this ordinance to the extent of such inconsistency. BE IT ORDAINED by the Board of County Supervisors of the COUNTY OF ALBEMARLE, VIRGINIA: SECTION I - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 1997: Paragraph One: ADMINIS~RATION~ND COURTS $298,850 1~ County Technology Upgrade $180,000 2. County Office Building Maintenance/Replacement 118,850 $298,850 Paragraph ~'wo: FIRE, RESCUE AND EAFE"2.'~ S322,295 1~ Fire/Rescue Building and Equipment Fund $250,000 2. Police Department computer System . 72,29~ $322,295 Paragraph Three= HIGHWAYS AND TRANSPORTATION $561,000 1. Revenue Sharing Road Program $500,000 2. Route 29 North Landscaping ll,O00 3~ Ivy Road Bike Lanes 50r000 $561,000 Paragraph Four= LIBRARIES $68,500 1. MaintenancefReplacement Projects $68,500 $68,500 Paragraph Five: PARKS AND P~ECREA~ION 1. ADA Compliance at Parks 2. ADA Compliance on School Playgrounds 3. Outdoor Recreation Project Completion 4. Walnut Creek Park Improvements 5. Towe Park Recreation Improvements 6. Chris Greene/Mint Springs Security 7. Crozet Park Improvements 8. Swimming Beach Playground Structures 9. Scottsville Community Center Outdoor Imp 10. Rivanna Greenway Access and Path 11. County Land Athletic Field Study 12. Maintenance Replacement Projects Paragraph Six: CAPITAL PROJECTS RESERVE 1. Capital Projects/Debt Service Reserve $80,278 8g,375 49,600 75,000 143,144 20,000 150,000 30,000 55,400 75,000 20,000 37,000 $824,797 $450,000 $450,000 $824,797 $~50,000 SUMMARY Total GENERAL ~OVERNMEN~ CAPIT~_L IMPROVEMENTS FUND Appropriations for Fiscal Year ending June 30, 1997= $2,S25,44~ To he provided as follows: Transfer from General Fund $1,956,600 Transfer from General Fund Capital Projects Res 450,000 CIF Fund Balance .. 118,84~ $2,525,442 Total GENERAL GOUERNMEN~ CAPITAL IMPROVEMENTS FUND Resources available for Fiscal Year ending June 30, 1997: $2,525,442 SECTION II - SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENT FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 1997: Paragraph One: EDUCATION (SCHOOL DIVISION) $23,154,385 2o 3. 4. 5o 6. 7. 8. 9. 10. 11. 12o 13. 14. 15. 16. 17~ Crozet Addition CATEC ADA Compliance AHS Phase ti & III Restorations Woodbrook Renovation/Addition New High School Cale Addition Brownsville Renovation/Addition Stony Point Renovations/Addition Technology Projects Vehicular Maintenance Facility Reconfiguration WAHS Building Renovations Chiller Replacement Avon Street/Route 20 Connector Henley Addition Technology Education Labs $856,890 14~000 539,000 2,045,550 9,800,000 859,000 1,461,470 1,180,000 1,009,600 17,500 1,894,135 118,000 1,399,300 185,000 550,000 New High School Community Recreation Facilities 275,000 Maintenance~Replacement Projects 949,940 $23,154,385 Total SCHOOL DIVISION C~PITAL IMPROVEMENTS FUND Appropriations for Fiscal Year ending June 30, 1997= $23,154,385 To be provided as follows: Transfer from General Fund Interest Earned VPSA Bonds Transfer from split Billing Reserve $669,900 100,000 5,884,485 16,500,000 $23,154,385 Total SCHOOL DIVISION CAPITA~ IMPEDVEMENTS FUND Resources available for Fiscal Year ending June 30, 1997: $23,154,385 SECTION III - STORMWATER FUND That the following sums of money be and the same hereby are appropriated from the STORMWATER FUND for stor~water improvement purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 1997: Paragraph One: STORMWA~ER IMPROVEMENTS 1. County Master Drainage Plan $110,000 $60,000 Transfer to Drainage/Erosion Correction 50,000 $110,000 Total STORMWAT~R FUND Appropriations for Fiscal Year ending June 30, 1997: To be provided as follows: Transfer from the General Fund Stormwater Fund Balance $60,000 50~000 $110,000 Total BTOPd~WATER ~ Resources available for Fiscal Year ending June 30~ 1997: $110,000 $110,000 TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I - III IN ~HIB ORDINANCE FOR THE FISCAL YEAR ENDING JUNE 30,1997 RECAPITULATION TOTAL APPKOPRIATIONB $25,789,827 Section I General Government Improvements Fund $2,525,442 Section II School Division Capital Improvements Fd 23,154,385 Section III Stormwater Fund 110,000 $25,789,827 GI~ND~'/~AL $25,7S9,S27 BE IT FU~R ORDAINED that the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation ordinance. SECTION IV Ail of the monies appropriated as shown by the contained items in Sections I, II and III are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. Paragraph One Subject to the qualifications in this ordinance contained, all appropriations are declared to be maximum, conditional and proportionate appropriations--the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total sum cf all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Paragraph Two All revenue received by any agency under the control of the Board of Supervisors included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for goods, materials, supplies, equipment or contractual services for any purpose may be incurred by any department, bureau, agency, or individual under the direct control of the Beard of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that ne requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney and the Purchasing Agent er Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specification furnished by the contracting department, bureauf agency or individual. In the event of the failure for any reason of approval.herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obliqations incurred contrary to the Durchasinq procedures prescribed in the Albemarle County Purehasinq Manual shall not be considered obliqations of the County, and the Director of Finance shall not issue any warrants in ~ayment of such obliqatiens. Paragraph Four Allowances out of any of the appropriations made in this ordinance by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to time to maintain like rates. Paragraph F~ve All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six All ordinances and par=s of ordinances inconsistent with the provisions of this ordinance shall be and the same are hereby repealed. Paragraph Seven This ordinance shall become effective on July firstf nineteen hundred and ninety-six. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 1, 1996. Cou~rvisors / RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR VARIOUS PUBLIC IMPROVEMENTS WITH PROCEEDS OF BONDS WttEREAS, the Board of County Supervisors of Albemarle County, Virginia (the "County"), intends to undertake various improvements to its public school system as described on Exhibit A attached hereto (the "Project"); and WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the Bonds; BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY: O) (2) (3) The County intends to finance the Project through the issuance of bonds in an amount not to exceed $5,884,485 (the "Bonds"). The County intends to receive reimbursement from proceeds of the sale of the Bonds for costs of the Project paid by the County prior to the issuance of the Bonds. The County intends that the adoption of this resolution be considered as "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. I, Ella W. Carey, due hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on May 1, 1996. , ~oard of Cou~n Supervisors PUBLIC SCHOOL IMPROVEMENT PROGRAM Exhibit A Description 2. 3. 4. 5. Crozet Addition AHS Phase 11 & III Restorations Woodbrook Renovation/Addition Brownsville Renovation/Addition Stony Point Renovations/Addition Amount $856,890 $539,000 $2,045,550 $1,263,045 $1,180,000 $5,884,485 WELL DEDICATION TIlE COUNTY OF ALBEMARLE, VIRGINIA does dedicate a 100' x 100' portion of that tract or parcel of real estate situated, lying and being in Albemarle County, Virginia. more particularly described by deed and plat of survey of record in Deed Book 423, Page 1 I4, Plat 423, Page 119, of the Clerk's Office of the Circuit Court of Albemarle County, Virginia, and being the identical real estate which said COUNTY acquired by grant with General Warranty of Title and Moderu English covenants from Virginia Resorts Inc. Said dedication being to establish the aforesaid area, described on the attached plat plan as well lot, for water supply use only and the said COUNTY agrees that only appurtenances pertinent to the water supply system will be constructed in said area dedicated and that said well lot will not be used for human habitation or other sources of contamination. The full interest and control of the aforesaid area dedicated shall remain with the COUNTY and this instrument is solely for the purpose of assuring the Department of Health of the Commonwealth of Virginia as to the matters hereinabove set forth so long as said parcel is used for a water supply system; and this dedication shall be null and void and of no further effect should the well on the said premises be abandoned and the use thereof for a water supply system cease. WITNESS the following signature. COUNTY OF ALBEMARLE, VIRGINIA TITLE: C'~ ~t/>/r~ ,~ COUNTY OF ALBEMARLE, VIRGINIA The foregoing instrument was acknowledged before ~ye~;122 Y.d~Yu°mfphris~, ~airman of the'Bota9rdPo~f Supervisors of Albemarle C. ounty, Virginia. My commission ~ex'pires: vJ~/. d~, /fy7 Notary Public: ~/~L FOR USE OF CLERK OF COURT This Well Dedication Document, as described above, was recorded in Deed Book Page , on the day of , 19 ~.~/'~"~' ' Health Department Identification Number ](~ 1-C~(.'J~)0 ~'~ ScI]ernatic drawing of sewage disposal and/or water supply system and topographic features. Show the lot lines of the building site. sketch of properly showing any topographic features which may impact on the design of the well or sewage disposal system, including existing and/or proposed structures and sewage disposal systems aud wells within 200 feet. The schematic drawing of the well site or area and/or sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance system, and subsurface soil absorption system, reserve area. etc. When a nonpublic drinking water supply is to be permitted, show all sources o! .3ollution within 200 feet. ~ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach addition~zI sheets a~'necessaW to illustrate the design. Chris Green Lake This sewage. ):lfsposal system and/or water supply is to be constructed as specified by the permit ~" or attaclied plans and specifications . This sewage disposal system and/er well construction permit is null and void if {al conditions are changed from those shown on the application (b) conditions are changed from those shown on the construction hermit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health Jepar~ment or unless expressly authorized by the local health Capt. Any par[ of ahy installation which has been covered prior to ~pproval shall be uncoverec, if necessary, upon the directipn ol the Deparlment 2/'?-'"J ~ ~ Issued by: kJ Sanita'~an )ate.- late: Reviewed by:_ _ This Construction Permit Valid until Supervisory Sanitarian If FHA or VA financing eviewed by Date .Date _ Supervisory Sanitarian Regionai COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804~ 296-5843 FAX (804) 296-5800 Charles $. Martin Walter F. Perkins Sally H. Thomas CERTIFICATION OF APPROVAL In accordance with Virginia Code Section 36-55.39.B, the Board of County Supervisors of Albemarle County, Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called "L'mwood", as expressed in its resolution duly adopted on May 1, 1996, a certified copy of which is attached hereto. Board of County Supervisors of Albemarle County, Virginia By: Chairman Printed on recycled paper RESOLUTION WHEREAS, the County of Albemarle is committed to ensuring that decent, safe and sanitary housing is available for ail its residents; and WHEREAS, pursuant to Section 36-55.39.B of the Code of Virginia, the County has been notified that the Virginia Housing Development Authority is considering financing a housing renovation project at "Linnwood Development"; and WHEREAS, VI-IDA's Multi-Family Loan Program funds will be used to upgrade 16 single-family detached rental units to be operated as moderate cost housing for Albemarle County citizens; and WHEREAS, the renovation project is consistent with land use regulations applicable to nonconformities; and VfI-IEREAS, the renovation project is consistent with the County's Comprehensive Housing Affordability Strategy (CHAS). NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of County Supervisors approves the use of VI-IDA funds for the renovation of the Linnwood development project. I, Ella W. Carey, do hereby certify that the foregoing is a tree correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on May 1, 1996. / RESOLUTION WHEREAS, the localities in the Thomas Jefferson Planning District are preparing for community welfare reform; and WHEREAS, the regional nature of employment and.the economy is important to the success of reform in the area; and WHEREAS, the City of Charlottesville and the counties of Albemarle, Greene, Fluvanna, Nelson and Louisa are committed to working together to develop a successful strategy for welfare reform in their localities and throughout the region; and WHEREAS, the area is aware of the possibility of planning funds from the State Department of Social Services. NOW, THEREFORE, BE IT RESOLVED that the aforementioned localities agree to work together in planning for welfare reform; and BE IT FURTHER RESOLVED that the aforementioned localities designate the Thomas Jefferson Planning District as the coordinator and fiscal agent for the planning; and FURTHER RESOLVED that the aforementioned localities direct the Commission staff to apply for and manage the state planning funds. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May I, 1996. er~f'~k, Board of Cou~nt Supervisors COUNTY OF ALBEMARLE Office of Board of Supervtsors 401 McIntire Road Charlottesville, Virgiff~a 22902-4596 (804) 296-5843 FAX (804) 296-5800 May 1, 1996 Charles S. Martin Walter F. perkins Sall~ H. Thomas The Honorable George E. Allen Office of the Governor P. O. Box 1475 Richmond, Virginia 23212 Dear Governor Allen: On behalf of the Albemarle County Board of Supervisors, I would like to applaud your efforts in filing for a Declaration of Disaster in Virginia Vineyards in recognition of the extreme loss growers have suffered as a resuk of our most recent severe winter. The Board of Supervisors requests that vineyards in Albemarle County also be included in your request for a Declaration of Disaster in Virginia Vineyards, knowing that growers in our county are predicting that they have lost fromS0% to 90% of their crop for this year alone, not including vines that have been killed and, thereby, affecting fruit crop for the next several years. I appreciate your willingness to include Albemarle County in such a declaration and ifI may provide any additional information, please do not hesitate to contact me. Sincerely, Charlotte Y. Humphfis Chairman CYH/dbm 96.014 Mr. Charles W. Goodman Extension Agent Printed on recycled paper COUNTY OF ALBEMARLE PERSONNEL POLICY Alcohol/Drag Free Workplace Albemarle County has a vita~intesestinmaintair~~gasafe~hea~thfu~~andpr~du~~veanvir~~mentf~ritsemp~~yees~ Theuse ofalcehol or ~ilegal drags, or unlawful use of prescription drugs undermines the quality of job performance, endangers ce-workers and brings discredit to the County. The County will not telerate the possession or use of illegal drugs, alcohol, or the unlawful use of prescription drugs by its employees in any job-related context and is cemmkted to the eradication of such substances from the workplaee~ This po/icy is not intended to prevent employees from participating in social functions outside of County faei/ities where alcohol may be served. The improper use of alcohol or the use of iliegal drugs, or the unauthorized use of prescription drags undermines the quality of job performance, endangers ce-workers and brings discredit to the County. For purposes of this regulation, "illegal drugs" shall mean any controlled substance, or imitation controlled substanue, whose unauthorized manufacture, distribution, dispensing, lOossessiqn, ceuaumption, use, or sale is prohibited by federal or state law. "Unauthorized use of prescription drugs" means use cfa drug by anyone other than the person for whom the drug was prescribed, or in may manner that is prohibited by federal or state laws. Any County cmployee determined to have violated this policy will be subject to disciplinary action up to and including dismissal. All County eraployecs shall be responsible for reporting any evidence of the use of drugs or alcehol by staff to their depa~reent head. All such reports shall be thoroughly investigated and reported to the County Executive or designee and appropriate action will be taken as necessary. The Board will not tolerate any violation of the law and. in accordance with the law, will fully support any employee who, in good faith and with probable cause acts to report the activities of other employees as they relate to the use of alcohol or drugs on County proporty. In order to comply with federal laws: Under the Drug Free Workplace Act of 1988. the County requires that an employee notify the employer of any criminal drug statute conviction for a violation oecerringin the workpface no later than five days after seeh cenviation. Failure to notify the County of drug-related convictions is grounds for dismissal The County must notify any federal ceatraeimg agency within 10 days of having received notice that an employee engaged in the performance of such contract has had any criminal drug statute cenviotinu for a violation oceucring in the workplace. The County will impose a sanction on any employee who is so convicted~ Under the U.S. Department of Transportation final rules implementing the Omnibus Transportation Employee Testing Act of 1991, Albemarle County is requked to establish a program to conduct pre~employmentYpre<tuty, reasonable suspieian, random and post-accident aluohol and controlled substances testing of each app/ieant for employment or employee who is required to obtain a commercial drivers' license (CDL). The effective date of fids program is January 1, 1996. Duties~ Respouaibi/ilr~s~ and Rights of Employees L PURPOSE To provide guidelines for establishment of an alcohol- and drug-free workplace and to set out the County's drug and alcohol testing prugram. II, APPLICABILITY This regulation applies to all employees. Fedex'al law provides standards for creating a workplace free of illegal drugs with the passage of the Drug Free Workplace ACt of 1988. In addition, required standardized tests have been established by the government with the passage of tho Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act) for employees who are drivers of cemmereial meter vehicles. Thc County has exceeded these nCnimum requirements to establish and maintain a drug-free workplace for all employees. DEFINI~ONS Commercial Motor Vehicle (CMV). A motor vehicle or combination of motor vehicles used in commerce te transport passengers or property if the motor vehicle (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross PERSONNEL §P~06 vehicle weight rating of more than 10.000 pounds; or (2) has a gross vehicle weight rating of 26,001 or more pounds; (3) is designed m transport 16 or more passengers, including the driver: c~r (4) is of any size and is used in the transportation of hazardous materials requiring phcards. This includes all qualifying vehicles irt all departments. Confirmation Test. A second alcohol test. following a screening test to detect alcoholin an individual's system, that provides quantitative data of alcohol eooeentmtion. For controlled substances, confirmation testing means a second analytical procedure to identify the. presence of a specific drug or metebolite. Confirmatory drag testing is independent of the screen test and uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Driver (CMV/CDL). Any person who operates a commercial motor vehicle (CMV) requiring a commercial drivers license (CDL) or is in a position which requires a CDL as an eligibility criteria because they most drive or be on call and read), to drlvc if necessary. This includes full time, part time, and temporary personnel, in every position requiring a CDL, the employee is either driving or in a sram of readiness on call if required to drive. Drivers are subject to drug and alcohol testing under both federal law and Albemarle County policy. For purposes of pre~mpfoymenffpmqluty testing only, the term "dfiveF includes a person applying to Albemarle County to drive a commercial motor vehicle. Medical RevinwOftieer (iVlRO). Alieensedphysieianresponsibleforreceivingiabomtoryresults gnneratedby an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an indivldual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. Omnibus Transportation Employees Testing Act of 1991. The federal law that requires drug and alcohol testing of drivers in various industries. By the authority of this Act. the Office of the Secretary of Tmespertation, U.S. Department of Transportation (DOT) on February 15, 1994, has published rules requiring employers to test each applicant for employment or employee who is required to obtain a CDL for the illegal use of alcohol and controlled substances, For the Albemarle County General Government, compliance with the law commences January 1, 1996. Safety-Sensi~e Function. An employee is performing a safety-sensitive function whenever llc/sbe is engaged in driving a commercial motor vebi¢le (CDL required) or working m any employment eapacfty which eouid affect the safe operation of the vehiole and the safety and welfare of others. This includes any period in which the employee is actually performing, ready to perform, or immediately *tvall~le to pot'form any safety-sensitive functions. Screening Test. Also known as an initial test. in alcohol teedng, an analytical procedure to determine whether an individual has prohibited concentration of alcohol in his or her system. In controlled substances testing, an immanoassay test on urine specimens eliminate %egallve~ specimens from further testing. Split Sample TestJne. Division of the urine specimen in controlled substance testing into two separate containers, the primary specimen used for the serecomg test and the split specimen used if the employee requests a second test after being informed of a verified positive screening test. GUIDELINES All employees are expected to adhere to the following guidelines as a condition of their employment with the County, and any violation of this regniation, ineinding a first offense, may subject the employee to discipline, up to and including dismissal from employment. The manufacture, distriburdon, dispensing, possession, consumption, use, transportation or sale of illegal drugs at any timo and anywhere on County-property, at a County-sponsored function or event, or/n any other manner whife performing duties or obligations incident to County employment is strictly prohibited. No employco shall report to work, perform assigned duties, or otherwise engage in County business in the community, with detcotable amounts of alcohol, illegal drugs, unanthorized preseripllon drags, or illegal drug metabolitos in his or her system. Whether the employee has alcohol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system shall be determined in aeeordanco with medically established standards for detectable amounts of these substances. Page2 PERSONNEL §P~6 The only/imited exeeptinn to the foregoing pertains ~o employees who are not on an official on-call roster and who are called in to work outside their normal duty hours to perform emergency or unscheduled work. No stroh employee will be disciplined for off-duty consumption of alcohol that results in reporting to duty with alcohol in his or her system so long as the employee first reports that consumption of alcohol to the supervisor making the work request prior to the eemmeneemant of any work activity. EMPLOYEE ASSISTANCE Ear~yrecogalti~nandtrcatment~falcoh~~anddrogabesearoessentia~t~sueeessfu~rehabi~tati~n. The Coanty maintalns an employee assistance program known as Employee Assistance Program (EAP) to assist employees with alcohol and drug abuse problems as well as with other personal problems. The EAP will assist employees with these problems and will also make referrals to appropriate treatment programs. Ernployees voluntarily seeking essistanco for a substance abuse problem through the I~AP or a medical source will not be disciplined as a result of their disclosure of prior drug or alcohol use, and treatment by the EAP or another source will be handled in confidence. An employee may not avoid discipline for violation of this regulation by participating in a treatment program unless he or she does the following: 1. Volunteers for such treamlent prior to being confronted by a manager or supervisor with the violation of th/s regulation. Successfully adheres to requirements of and corapletes the prescribed treatment program. Does not thereaftcr engage m conduct vioiating this reguiation regarding use of alcohol, illegal drugs, and unauthorized prescription drugs, In the ease of employees returning to work after sueeessfnl completion of a treatment program, the County reserves the right to test for drug and/or alcohol use. on a random or periodic basis in aeeordanea with procedures for return to duty testing in section VIII.B.2. of this regulation. The County shall establish a drug-free awareness program to inform all employees about the dangers of drug abuse in thc workphce and that the maintenance of a drug-free workplace is the Coonty's goal. The awarnness program shail identify counseling and rehabilhatian programs and shall emphasize the penalties for employees' violating this policy and its administrative procedures. ALCOHOL A. Repotting for Duty-All Employees No employee shall report for duty or remain on duty while having detectable amounts of alcohol of 0.02 b~'eath alcohol content (BAC) or higher in his or her system, Albemarle County will test for alcohol using an evidential breath tasting device agBT~ approved by the National Highway Trnffie Safety Administration (NHTSA). Any supervisor who has actual knowledge that an employee has vinlato, d this regulation and permits the employee to work will be in violation of this regulation except in reference to section V, paragraph five. B. TestigPrunetire Upon entering the test loeatin, the employee will be asked to provide positive identification with photograph (example-driver's license or employer identification badge) to the brealh alcohol teetiician (BAT). The employee and the BAT will complete the Breath Testig Form distributed at the test site and follow required testing procedures. Providing incomplete information (except a social security number), engaging in conduct that obstructs the testing process or fai/ing to sign the required certifications may be regarded as a refusal to take the alcohol test and may constitute just cause for dismissal from employment, At the completion of the screening tesL the results will be shown to the employee, If the result of the seruening test shows evidence of detectable alcoh~~~~neentrati~n~a~onfirn~ati~ntestwi~~bepoff~rmedwitifmspeeifiedtimellmits. [f deteutable amoonts of alcohol of 0.02 BAC or higher are veeheled in the confirmation test, the employee wil/lx~ in violation of this regulation. An individual with a verified positive confirmation test may not leave the test site without approval from the attending physician or designee. Page 3 VII. PERSONNEL §P-06 If a screening or confirmation test cannot be completed, or an event occurs that would invalidate the test, the BAT will conduct a new screening or confmnation test, as applicable. In the event that an employee attempts and fails to provide an adequate amount of breath, the empfoyee will be required to submit to a blood test. At the conclusion of testing, copies of the Breath Alcohol Testing form wil/be retained by the testing location, provided to the empleyee, and transmitted in a confidential manner to the Dkcotor of Human Resources. or designee. If the test results are positive, the results w31 be reviewed by the D~reeter of Human Resources who w~ in turn notify the employing department head/desigane to determine what action would be appmprtate. CONTROLLED SUBSTANCES A. Reporting for Duty-All Employees No employee shall report for duty or remain on duty having used controlled substances except when the use is authorized as prescribed medicine by the attending licensed physiehn who has advised the employee that the substance does not adversely affect the employee's work performance. Any supervisor who has actual knowledge that an employee has used an illegal drug and permits the employee to work will be in violation of this regulation. A finding that an employee has a positive drug test results when the initial screen test and a confirmation test provide evidence of one or more of the following substances in the system: ceeaine, marijuana, opiates, amphetamines and phenoyclldine. B. Reporting for Duty-Drivers (CMV/CDL) In addition to the requirements in Section VII.A., drivers of commereiul motor vehicles taking over-the-counter or prescribed medications shall be responsible for knowing the effects of such medication. They shall not drive or perform Other duties under the influence of prescription or over-the-counter drugs that could impair their ability to perform their duties safely. They shall be rospons~le for not working when under prescribed or over-the-counter medication that might impair their ability to perform their duties safely. C. Testing Procedure-All Employees For controlled substances testing, employees report to a speeilied test location where a urine sample is collected and subject to the split sample testing procedure. If the employee is unable to provide the specified quantity of urine, the employee will be instructed to drink not more than 24 ouncas of fluid and wait up to two hours to provide another sample. If a complete sample still cannot be provided, the Medical Review Offcor tMRO) will refer the empleyee for a medical evaluation to determine if the inability to provide a spo~unen is genuine or constitutes a refusal to test and then report the findings in writing to the Department of Human Resanrcas~ Strict chain of enstedy procedures will be followed as the samples are forwarded to the hbomtory. /f the primary spconunn is verified positive, the MRO will notify the employee who can request that the split speeimen be tested at the employee's expense at a different Department of Health and Human Services' certified laboratory. The employee must make the request within 72 hours of notll~catian by thc MRO. If the result of the test of the spF. tspeeimenfailstereconfirmthepresencoofthe drug(s) or drug metabolltes found in the prircary speeuunn, the MRO shall cancel the original test results and the cost &the split sample test will be borne by the employer. Upon learning that the MRO is atlempting to contact the employee, the employee must respond by calling the MRO within 24 hours of receipt of notification to call or be in violation of this regulation. If the employee does not contact the MRO within tho 72 hours as required, the employee may present information to thc MRO documenting a leg'fdmate explanation for the employee's failure to contact the MRO within the 72 hours. The MRO may determine to honor the employee's request to test the split specimen. The MRO's decision to permit further testing is final. Test results shall be confidential and will be reported directly to the employee, the Director of Human Resourees, or designee, and upon request, to the U.S. Department of Transportation in the ease of drivers of commercial motor vehicles. If the test Page 4 PERSONNEL §P-06 results are positive, the results ~ be reviewed by the Director of Human Resources who w~l ~n turn notify the employing department head/designee to de~rmine what action would be appropriate. TESTS REQUIRED Tesfmg shah be conducted by personnel designated by the County. In general, the County shall pay the eest of required drug and alcohol testing, inulndiog screening and causation tests for alcohol and primary specimen tests for drugs. The County shall not pay if the employee's initial testing indicates the need for further ~xaminations or consultation on a problem other than drug or alcohol use, in which ease the employee shall pay the cost of the additional tests or examination. For Safety-Related Positions, Including Drivers (CMV/CDL) pursuant tu federal hw and its own authority, Albemarle County ~ test personnel in safety-related positions under the following clreumstancos: I Pra-employment/Pre-duty Prior to the first time a new hire or current employee is placed into a safety-relaWxl position (including phcoment by way of lateral transfer or promotion into a safety-related position for a current employee), the person shall be tested for alcohol and controlled substances and must be found to be in compliance with sections VI. and VII. as well as other applleable requirements of this pulley. Applicants offered positions requiring CDLS, as a condition of employment, give wrg~n consent to permit Albemarle County to contact all previous employers over the past two years to confirm that the applicant's work history was flee of substance abuse, alenhol abuse, and positive drug or alcohol test results. In addition, applicants offered positions shall, as a condition of employment, provide written consent for post-acoidant testing and release of test(s~ results to the County. 2. Post Accident-For Drivers (CMV/CDL) While on duty, a driver of a commero'ml motor vehinlo who is involved in an accident must be tested for alcohol and controlled substances as soon as practicable following an ace'dent and found to be in compliance with Sections VI. and VI/. of this regulation. Post accident testing will be required if (a) there is a fatality, and/or (b) one or more persons requires medical treatment away from the accident scene, and/or (e) one of the vehicles must be towed-from the scone, and/or (d) the driver receives a citation arising from the accident. Every reasonable effort wil/be made to administer alcohol tests within two hours of the accident. If a test has not been performed within eight hoars following the acoidanL effo~ts to test will stop. Controlled substaneetesting wiJl stop if not performed within 32 hours following the accident. Supervisors are responsible to provide and forward written deeumentation to the Department of Human Resources any time alcohal testing is not performed within two hoars and drug testing is not performed within 32 hours. Written documentation should include the amount of time taken between the accident and testing and the reason for the delay. A driver who is subject to post accident testing shall remain readily available at the accident scene for testing following the accident until he/she undergoes testing or he/she will be deemed to have refused to submit to testing. The only exception to this requirement applies when the driver leaves temporarily to obtain assistance in responding to the acc'adohr, to obtain necessary medical care or is detained by law enforcoment personnel. Without supervisor approval. an employee may not ingest food or drink during thc period prior to testing. Testing conducted by federal, state, or local officials at the scene of the accident having independent authority to enndnet tests for alcohol controlled substances shall meet the requirement for post accident testing. Employees wil/be required to consent to testing by such officials, and to release the results of such tests to the County. Random Alenhol and controlled substance tests will be conducted poriodleally on an unannounced basis throughout the calendar year. Employees will be randomly identified using a scientilleally validated method and notified to report for testing during the work year. Under this selection process, caeh driver shall have an equal chance of being tested each time Page PERSONNEL §P-06 selections are made. Employees identified to be tested will report directly and immediately to the test site when notified by their supervisor. Otherwise, refusal to, or delay in, reporting immediately and directly to the test site will be considered a refusal to test and grounds for dismissal. If a driver is off work due to illness, vauafiuns, leave of absenen, layoff, injury, or for any other reason, for more than 30 calendar days. his or her name will be removed from the random pool, and prior to returning to driving the pre-duty testing provision of this regulation shall apply. For random alcohol testing, the miramum annual percentage rate shall be 25 percent of all the commercial motor vehlole drivers. This~ereentmayinesease~rde~reaseinanygivenyesrdepanding~nthevi~lati~nrateasdetea.mined annually for each industry by the Federal Highway Administration 0FHWA) in accordance with DOT guidelines. Drivem will only be tested for alcohol just before, during, or just afier performing safety-sensitive duties. For random drug testing, the minimum annual percentage rate shall be 50 percent of all the conunerelal motor vehiele drivcrs. This rate for controlled substances may change annually sinfilar to thc alcohol adjustments. Drivers will be tested for corttrolled substances within 32 hours of random selection. B. For AfiEmploy~s Albemarle County will also test all employees in the following situations pursuant to its own authority and, with respect to drivers, the drug and alcohol testing regulations issued by DOT and the FHWA. Reasonable Suspicion Upon reasonable suspicion of a violation of this regulation, the employee may be tested for alcohol or drugs. Reasonable suspiemn may be based upon, but not limited to. the following: specific observation of actual use or possession of alcohol or illegal drugs; physical symptoms of having used those substances such as uncommon speech or body odors; observation of abnormal conduct or er'ratio behavior; or the receipt of information when the nature of the information suggest~ that the soume w~s reliable and credible. A supervisor trained to recognize signs of alcohol or drug use, shall make the necessary observations and review informatlun provided regarding the reasonable suspicion that the employee may be in vinhrion of this regulation. If any authorized supervisor or authorized representative fi.om the Department of Human Resources determines that reasonable suspicion exists, the employee shall be d~ to submit to testing and be transported to the test sit~e by the supervisor or his or her designee. Without supermsor approval an employee w~l not ingest food or drink during the period prior to testing. An employee directed to submit te alcohol or drug testing shall be informed of the reasonfs) for the test and the fact that refusal to provide the specimen constitutes failure to obey a dire~t order and is grounds for dismissal. The supervisor and/or personnel representative shall document the information communicated to the employee and the evidence which constituted reasonable suspicion within 24 hours of the observed behavior or report of the incident or before the results of the test are released, whichever is earlier. At the employee's request, a copy of such documentation will be provided to the empl0gee by the Department of Human Resources. All testing at a designated medical faclllty will be admirfistered by an official in accordance with established medical standards. For example, drug testing will be performed using chain o f custody procedures along with confirmation testing and other safeguards~ The alcohol test shall not be performed more than eight hours after the determination of reasonable suspicion. Whenever an alcohol test is not administered within the first two hours upon detecmination of ressonnbleanspiciun, a record will be maintained which doenments the rcasun(s) for the delay and how long the delay lasted. 2. Return to Duty/and Folio,v-Up Testing A former driver (CMV/CDL), and other CDL designated personnel, dismissed for vio/atiuns of these regulations, who satisfactorily completes a rehabilitation program prescribed, monitored, and ceffified by a substance abuse prufessiunal may reapply for employment and receive fair consideration for all positions applied for except those requiring a CDL. Page 6 PERSONNEL §P-06 If selected, tl~ employee will he subject to a minkaum of six random unarmmmeed follow-up alcohol and/or controlled substances tests at County expense during the first twelve months after empleymear. In the event Albemarle County Mlows any other employee to return to duty after engaging ia conduct which violates this regulation, he or she will be sent to the EAP. as a condition of employment, and may be required to be evaluated by a substance abuse professional who shall determine the employee needs in resolving problems associated with aleohol misuse and/or controlled substance use. Evaluation criteria used to determine it' the empIoyee may return to duty shall include but not be limited to: level of performance, years of service, previous conduct violations, pessessim~ of unique skills, knowledge and training, recommendation of a certified substance abuse profossional, if available, and the safety-sensitive nature of the position. Referral to the substance abuse professional will be made through the Employee Assistance Program (EAP). Ail follow-up testing will comply with prncedares as set forth in this reguiatiom IX, REMOVAL FROM DUTY Employees will he removed from duty and placed on administrative leave with pay pending a final decision for discipLinary action. Employees will be advised of their violation, have an opportunity to respond to the charges against them, and be notified in writing of the status of their employment. The following circumstances, while not necessarily inclusive, require placing the employee on administrative leave pending a final decision on the status of employment: a) b) c) d) e) refilsal to be tested confirmation cfa positive test result after an aeeidant requiring testing when reasonable cause has been established when the behavior, speech, and performance indicators ofalcohol/drng misuse are unpossible to confirm reasonable suspicion with a test. DISCIPLINARY ACTIONS Drivers of commerelal motor vehicles (CDL required) and other CDL designated personnel, who engago in any of the following conduet will be terminated in accordance with due process: violate any of the foregoing rules regarding manufacturing, distributing, dispeosing, possessing, consuming, using, or selftng drugs or alcohoi; 2 have drugs or alcohol in their systems in violation of this poliay/regulatinn; refuse to submit to or cooperate with drug and/or alcohol testing which inoindes, but is not limited to: a) tampering with or attempting to adulterate the speeinten or colioofion procedure; b) not reporting directly and immediately to tho collection site; e) not accurately signing in and reporting the arrival and departure times at the test site; and d) leaving the scene of an accident without a valid reason before the tests have been concluded; fall to report their consumption of over-the-counter er pmscrlbed medication that could impair their ability to perform their duties safeIy; or fail to report any drug or alcohol conviction or charge as required by this reguhtiom B. In addition, other employees may be subject to dis¢ipfine, up to and ineleding discharge, even for a first offense, if they: violate any of the foregoing rules regarding manufacturing, distributing, dispensing, possessing, eonanmmg, using, or selling drugs or alcohol: Page 7 XL PERSONNEL §P-O6 g. have drugs or alcohol in their systems in violation of this policy/regulation; or refuse to submit to or cooperate with drug and/or alcohol testing which/ncludes~ but is not t/mited to: a) tampering with or attempting to adulterate the specimen or collection procedure; and b) not reporting directly and immediately to the collection site. This regulation shall be administered cousistently with the Countfs obligations under federal, state, and local laws/regulations. Reconm~codalions for dlseiplinary actions, including dismissal for violation of this regulation, will be consistent with standard operating procedures to ensure that due process is observed throughout all proceedings. Disciplinary actions affecting employment status shall be reviewed by the County Executive's of flee, Director of Human Resources, or designee, before a final decision with respect to continued employment status or diseipfinary actions la reached. An employee who is charged with a drug-related felony or convicted of any criminal offense shall noti~ his or her immediate supervisor who shall report the information m the Director of Human Resources within five days of the charge or az'mst or prior to reporting for duty, whichever is carliur. Thisrequirementsha~~n~tapp~yteanalco~n~-related~~ansef~remP~~yecsex¢eptf~recmmereia~m~tor vehicle dri+ers, and other drivers required to maintain a CDL. and employees whose position responsibilities include the operation cfa County vehicle: Employees Who Drive as Primary Occupation If a County employee is charged with or convicted of a motor vehicle offense involving aleofinl, illegal drugs or the misuse of legal drugs whether in or outside of the workplace and their position in the County requires driving as a primary respgnsibility, they will be dismissed from their employment in accordance with due process. Upon being charged by legal authorities, the employee will be suspended without pay until the case is resolved. If the employee is convinted, the employee will be dismissed effective the date he or she was originally suspended, If not convicted. the empiny~e will be reinstated with f~ll pay retroactive to the date of suspension. Other County Employees County employees whose primary oceupetion docs not involve driving and who are convicted of a motor vehinl~ violation involving alcohol, illegal drug~ or the misuse of legal drugs will be suspended from driving a County Vehicle for one year from the date of conviction. Employees convicrecl of such offenses must notify their inamedlate supervisor of the conviction and will be referred to the Employee Assistance Program for counseling. RECORD RETENTION AND CONFIDENTIALITY All records and data relating to vinhtions of this regulation shall be maintained in a secure location with controlled access by designated representatives in the Department of Human Resources. Testing records for drivem of commercial motor vehicles will be maintained in aeecrdanee with rules and regulations of the Federal Highway Administration. U.& Depaxtment of Transportation. Test results shall be confidential and shall be communicated to individuals other than the employee and the Department of Human Resources staff only on a "need-to-know" basis, and ordy with the approval of the Diseeter of Human Resources and, in appropriate cases, the employee. An employee is antifind, upon written request, to obtain eopins of any records pertaining to the employee's use of alcohol or controlled substances. Test resalts for drivers of commercial motor vehinles may also be provided unnua//y to the Department of Tnmsportation in compliance with federal requirements. NOTIFICATION AND TRAINING Every employee is expected to be aware of the regulation and its requirements and to abide by the requirements. Dhe, ctors/program managers have the responsibility to ensure that all employees are made aware of this regulation. In addihon, directors/program managers should schedule a meeting with their respective staffs on an armual basis to review the previsions and requirements of this regulation, Ail employees in positions requiting a CDL will be provided a copy of this regulation and shall sign a statement certifying receipt of such which wi~. be maintained in the employee's persom~el file. Page 8 PERSONNEL §P-06 Supervisors of employees in positions requiring a CDL. who ate responsible for determining if reasonable suspleicn exists, will undergo two one-hour training sessions, one each on substance abuse and on aleoho! misuse. Traln~g shall include the physical, behavioral, speech, and performance indicators of probabIo alcohol misoso and use of controlled substances, XIII, APPEAL PROCEDURE Employees in positions requiring maintaining a valid CDL who choose to appeal a dismissal decision based on a positive drug or alcohol test result must appeal to the County Executive via their Department Head. All employees (including persons in positions requiring the CDL) who test positive based upon reasonable suspicion who choose to appeal a dismissal decision, must appeal to the County Executive via their Department Head. Violations of these procedures am subject to the grievance procedure outlined in Policy P-03. XIV. POLICY OR PROCEDURAL INQU/RIES Questions related to this regulation should be directed to the Director of Human Resources. This policy states the Board's current policy and may be changed or modified without notice, eansistent with applicable local, state or federal laws and ~egulations. L Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a policy adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 1, 1996. / P~e9 COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-584~ FAX (804) 296-5800 May 3, 1996 Charles S. Martm W~lter F. Perkins S~ll~ H. Thomas Mr. William S. Roudabush Roudabush, Gale & Associates 914 Monticello Road Charlottesville, Virginia 22901 Mr. Carter Myers Colonial Auto Center P. O. Box 7823 Charlottesville, Virginia 22906 RE: Route 20 South Four-Lanlng Project Dear Bill and Carter: As you know, the County of Albemarle is in the process of constructing a new high school on property adjacent to and south of the Piedmont Vkginia Community College. As part of that construction project, we intend to build a connector road between Avon Street and Koute 20 South. In order to ensure an efficient transportation network for this area, we have also requested that the Virginia Department of Transportation and the Commonwealth Transportation Board support the upgrading and widening of Route 20 South from its current fourqaning to the intersection of this proposed connector road serving the new high school. The Albemarle County Board of Supervisors would appreciate your help in expediting this project as much as is feasible in order to coincide with the opening of the new Monticello High School. Should you have any questions concerning this matter, please do not hesitate to contact Ms. Jo Higgins or me. Robert W. Tucker, Jn County Executive RWTJr/dbm 96.063 pc: Albemarle County Board of Supervisors Mr. ¥. Wayne Cilimberg Ms. Jo M. I-Iiggins Ms. Angela G. Tucker Printed on recycled paper RESIDENTIAL LEASE AGREEMENT This ~s a suggested form of[ease recommended by the Real Estate Committee of The Virginia Bar Association for use in the leasing of existing residential property only. This form is not mandatory; other forms are avallable. You should determine if this form is appropriate for your transaction. It is a legally binding contract. If not understood, legal advice should be obtained before it is signed. THIS LEASE AGREEMENT is made as of this 1st day of May, 1996; by and between County of Albemarle & City of CharIottesville (Landlord), whose address is 401 McIntire Road. Charlottesville, Virginia 229021 PO Box.91 l, ~harlottesville. Virginia 22902 (cit'v) and Susan H. Seeds & Tony L. Harlowe. 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration ofthe promises and covenants herein, Landlord hereby leases to Tenant that property located in the City/County ofAlbemarle ~ Virginia, and known as Towe Park Tenant House together with the fixtures and personal property listed below, (the Premisesl for the term of 1 (one) mc, nibs/year(s) commencing at a.m./p.m, (At noon if not otherwise indicated) on_May 1 , 199_~6 a.m./p.m. (At noon ffnot otherwise indicated) on May 1 2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this lease:Range oven, woodstove. 3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other purpose. The Premises will be occupied by no persons other than persons who have signed this Lease as Tenant and such persons' children under the age of 18. 4. RENT. Tenant agrees to pay as rent the total sm of $4,500.00, due and payable i,~ advance in monthly installments of $375.00_, except as follows: If the lease term begins on a day other than the first day of a calendar month, the fL~t month's rent shall be Sn/a . If the lease term ends on a day other than the last day of a calendar month, the last month's rent shall be $ n/a _. The fn'st month's rent payment is due May 1. 1996. The monthly installment of rent due for each month thereal%r shall be due on the first day of each month. Rent shall be paid to _County of Albemarle _(landlord/agent) at Albemarle County Parks & Recreation, 401 Mclntire Road, Charlottesville. Virginia 22902 -(address) or at other anch place as Landlord or Agent may from time to time designate in writing. Ifa monthly installment of rent is not received bet'ore the 6th day of the month, Tenant agrees to pay as additional rent a charge of late fee of $ 10.00 for each month that the monthly installment of rent is not received by the 6th day of such month. The purpose of this late fee is m compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied first to all past due balances of rent and other charges owing under this Lease. The remaining portion if any of such rent payments will be applied to unrrant rent. If there are two or more tanunts, Landlord shall have the option of requiring that only one check, cashier's check or money order will be accepted for each monthly installment for rent. 5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for insufficient funds. This charge will be in addition to any late fee which may be due. If any of Tenant's checks are rerm-ned to Landlord or Agent for insufficient funds, Landlord willhave the option of requiring that further payments must be paid by cash, cashier's check, certified check, or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $ 375.00 as a security deposit. This sum will be due when this Lease is signed by Tenant. Pr/or to the termination or expiration of this Lease, ffLandlord makes any deductions from the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit will be held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days aRer the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises. to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease, and any balance, if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing, showing all such deductions. Within this 30 day period, Landlord will give or mail to Tenant the security deposit, with any interest required by law and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions are to be made from the security deposit Landlord will give written notice to Tenant of such deduction within 30 days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made 30 days or more before the termination of this Lease. Landlord will maintain itemized records of ali security deposit deductions and 2 these records may be inspected by Tenant, his anthorized agent or attorney, during normal business hours. However, when two years has passed fi-om the time a deduction was made, Landlord may destroy the record of that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section. 7. PARKING. Tenant agrees to comply with such parking rules and regulations as Landlord may issue fi'~m time to time, and deliver to Tenant; provkted that Tenant shall be given a reasonable opportunity to comply with any parking changes made during Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises in violation of such rules and regulations may be towed at the owner's expense. 8. PETS. No dogs~ cats or other animals shall be kept in or about the Premises by Tenant or Tenant's guests without Landlord's prior written consent, which may be withheld in the Landlord's sole discretion. 9. UTILITIES. A. Landlord agrees to provide, at Landlord's expense, those utilities and equipment check below: __Water & Sewage __Electrical Current Fuel: water heat not to exceed 120 F/amnheit Fuel: heat setting not to exceed 55 Fahrenheit Range with Oven Dishwasher __.Dryer C. able TV Service Firewood (mount to be determined by Landlord) Fuel: cooking Air conditioning Uni~ Refrigerator Washer XX Woodbuming Stove * Landlord's written consent must be obtained before the installation or use of a woodbuming stove. 9. B. Tenant agrees to provide, at Tenant's expense, the following utilities and eqaipment: 10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no aitemtinns, installations, repairs or decoration (including painting, st/ining and applying other finishes) shall be done without Landlord's written consent Such consent will not be unreasonably withheld. However, Landlord may require Tenant to return the Premises to its original condition when this Lease terminates or expires. In addition, Landlord may require that any change, alteration or improvement to the Prem'~ses will become a permanent part of the Premises which may not be removed upon the termination or expiration of this lease. Such changes or improvements will include, but not be limited to, locks, light fixtures, shutters, built-in shelves or bookcases, wall-to-wall carpeting, flowers and shrabs. 1L INSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs, decorations, alterations or improvements, and to show the Premises to prospective tenants, purchasem, mortgagees, workers and contractors and shall have the fight to erect or place "For Sale" or "For Rent" signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable times. 12. MOVE iN iNSPECTION. With/n 5 days after Tenant takes possession of the Promises, Landlord agrees m provide Tenant with a list seizing forth all of the defects and damages to the Premises, its equipment and appliances. The list shall be treated as cermet unless Tenant objects to the list by written notice given to Landlord within five days after Tenant receives the list. 13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Landlord's failure to comply with the above requirements will not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord ~writtea notice of the defective condition and Landlord has failed to remedy the condition within 21 days. However, Tenant may not terminate the Lease if' Tenant, a member of Tenant's family or some other person on the Premises with Tenant's consent intentionally or negligently caused the defective condition. Such defective conditions will be repaired at Tenant's expense. Any termination by Tenant shall he made in accordance with the section of this Lease concerning breach by Landlord_ 14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the Premises clean and safe; use all electrical, plumbing, heating, ventilating and ak-conditioning facilities and appliances in a reasonable manner; conduct himself or herself, and require 3 guests to conduct themselves, m a manner that will not disturb Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and agrees to care for, maintuin and repak the Premises, equipment, appliances and fixtures. Upon the expkation or termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition, ordinary wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear and tear beyond the ordinary. Daring the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occars between the time Tenant learns that a defect exists and the time Landlord learns of such defect. Tenant will be liable for the costs of any repairs of such additional damage which might have been avoided had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all costs resulfmg from the intentional or negligent desimction, damage or removal of any part of the Premises by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of any kind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulfmg directly or indirectly from the negligent or intentional acts of Tenant,-Tenanr's guests: or other persons on the-Premisas withthe consent or perm~ssiun of Tenant. The foregoing agreement to indemnify shall continue in full fume and effect notwithstanding the termination of this Agreement. 15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this Lease, Tenant will remove all of Tenant's propemj from the Premises and deliver possession of the Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in compliance with such reasonable conditions as may be set forth in Landlord's roles and regulations. Tenant's compliance with this section is necessary to insure that the Premises will be in good condition for the next tenants to whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may suffer due to Tenant's fullare to Ieave the Premises thoroughly clean and in good condition, reasonable wear and tear expected. I6. MOVE OUT iNSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the Premises te daterm'me whether Tenant has properly maintained the Premises and has left Premises thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation and unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances will not be considered ordinary wear and tear. This inspection will be made to determine what portion of the security deposit will be returned to Tenant and whether Tenant may be liable for damagas exceeding the amount of the security deposit. This inspection will be made with 72 hours after the termination of Tenant's occupancy of the Premises. For the purposes of this section, the termination of Tenant's occupancy of the Premises will not be deemed to have occurred until all or substantially all of Tenant's property has been removed from the Premises, Tenant will have the right to be present during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon receiving such notice, Landlord wilt notify Tenant of the time and date when the inspection will be made. However, Tenant's delay in notif)Sng Landlord of Tenant's desire to attend the inspection will not require Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of damagas known to exist at the time of the inspection will be provided to Tenant by Landlord mediately upon the completion of the inspection. 17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the termination or expiration of this Lease maybe treated by Landlord as abandoned property. Landlord will prepare an itemized list of such property and immediately remove the property from the Premises and place it in storage for safekeeping for a period not less than one month from the date this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property during this one month period, provided that Tenant pays the cost of its removal and stomga. Upon expiration of the one month period, Landlord will be free to dispose of the property as l~andlord sees fit, provided written notice of Landlord's intent to dispose of the property is given m Tenant at least 10 days before such disposal occurs. This notice must be sent to Tenant's last known address, address correction requested. In addition, Landlord must keep the itemized list of Tenant's proper~ for two years after Landlord disposes of that property. Any funds received by Landlord from the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for unpaid rent or other damages, including charges for removing, storing and selling the property. Any remainmg funds will be treated as security deposit. 18. DAMAGE OR DESTRUCTION OF PREMISES. If, thronghno faultornegligenceofTenantorTenant'sguest, fire or other cause destroys or damages the Premises to the extent that Tenant's enjoyment is substantially impaired, Tenant may immediately vacate the premises and within 14 days thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will return Tenant's security deposit, any interest required by law, and prepaid rent covering the period after Tenant vacated the Premises - subject to any set off for charges or damages'Tenant owes to Landlord. If, through no fault or negligence of Tanant or Tenant's guests, fire or other cause damages the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord have a reasonable period of time in which to repair the Premises. Landlord's duty m repair will not arise until Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to repair the Premises within a reasonable period of time after having received written notice from Tenant, Tenant will be entitled to a reduction in rent for that period oft[me beginning 30 days aRer notice was given to Landlord and ending on the date Landlord successfitlly repairs the Premises. In any dispute concerning Tenant's right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the condition of the Premises jnstifies such relief. 19~ BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tenant's person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property dan~age suffered by Tenant or Tenant's guest. 20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-discriminatory rules and regulations which concern the use and occupancy of the Premises, which intend to promote the convenience, safety or welfare to tenants or preserve Landlord's property from abusive conduct Landlord agrees m give Tenant reasonable notice cf any new roles or regulations before enforcing such rules and regulations against Tenant. 2 L EARLY TERMINATION OF OCCUPANCY. Tenant will not be released fi'om liability for all rent and other cha~ges due under this lease unless Landlord signs a written statement on which Landlord agrees to release Tenant from such liability, 22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United States armed forces and (I) receives orders for a permanent chauge of station to depart 50 miles or more (radius) fi.om the Premises or (ii) is prematurely and involuntarily discharged or relieved from active duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a written notice of termination. This notice must state the date when termination will be effective and that date shall not be less than 30 days afl.er the date Landlord receives the notice. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary for Tenant to comply with the official orders or any supplemental instructions for interim u'aining or duty prior to the transfer. Tenant's written notice of termination must be accompanied by a copy of the official orders. If Tanant exercises this right to terminate this Lease, Tenant shall be obligated forranl proratedto the date oftormination. Rent for the final month or portion thereof shall be due on the fn'st day of such month. On account of Tenant's early termination of this Lease, Landlord may require Tenant to pay liquidated damages as follows: (a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one month's rent Co) If Tenant has completed at least 6 months but less than 12 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one half of one month's rent. Any amount owed as liquidated damages by Tenant shall be due on the fnst day of the month in which the effective termination date occurs. This section shall not relieve Tenant of any other liabilities which have accrued as of the date of tergtinatinn. 23. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end ofthe lease term on the date on which Tenant's occupancy ends. The termination of this Lease will terminate Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlord. If Tenant remains in possession of the Premises afl.er the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month to month lease subject to termination by either party upon 30 days notice. The monthly rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. 24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant agrees to pay Landlord a $ n/a fee if Tenant assigns or sublets the Premises, or any part thereof. No assignment or sublet will release Tenant fi.om continuing liability for the fulI performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 25. BREACH BY TENANT. If(a) Tenant fails to pay rent within five days after the date when due, CO) Tenant commits a material breach of this Lease, (c)Tenant denies Landlord's exercise of any rights under this Lease or arising by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose of Tenant's leasehold interest in the Premises, or (e) the Premises is used by Tenant or others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal 5 proceedings or, if the Premises is abanduned, to enter and take possession by any lawful means. In addition, Landlord will have the right to pursue all other remedies available, including a claim for damages. If Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to judgment), Tenant will be liable as follows: (a) For all past due rent and other charges Co) For all additional rent (fu~re reno that would have accrued tmtil the expiration of the teim of ocanpancy under this Lease or until a new lease term begins (provided ri) that this will not affect Landlord's duty to minimize the damages by mak'mg reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord obtains a judgment for future rent, Landlord shall apply as a credit towards that judgment all funds received by Landlord os rent for the Premises for these months for which the judgment for future rent was awarded. (c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted; i (d) For any court costs and ransunable attorneys fees incurred by Landlord (I1 in collecting rent, other charges or damages, and (ii)-in obtaining possession of the Premises; (e) For a collectinn fee equal to 25% of the judgment amount for rent, damages, court costs and attorneys fees. Tenant nnderstands and agrees that this amount represents damages landlord will be likely to inanr in efforts to obtain a jud*~ment against Tenant (including time and effort spent in case investigation, correspondence, filling suit, discussions with lawyers, case preparation and court attendaace) andto collect such ajudgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall ~give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent ,within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful iletainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other than failure to pay rent, if a material noncompliance with this Lease exists or if there is a vinlatiun materially affecting health and ~afery, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the breach and stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days, ~nd (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall not terminate. On the other hand, If the breach is not remedial, Landlord s wnttan hOrace to Tenant may state the acts and ormssmns constituting the breach and state that the lease will terminate upon a specific date, which date may not be less than 30 days after 'Ireaant receives the notice~ 25. BREACH BY LANDLORD, IfLandlord (a) commits a material breach of this Lease, or Co) fails to a substantial extent to comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and cundltions on the Premises concerning Landlord's breach and stating that this lease v~ll terminate upon a specific date (which must be 30 days or more fi.om the date Landlord receives the notice) unless Landlord r~edles the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease will not be subject to termination-- by Tenant in that instance. Tenant will not have the right to terminate this Lease because of conditions mused by the intentional or negligent acts of Tenant or persons on the Premises with Tenant's consent. In addition, Tenant will have the right to prlysue ali other remedies available, including injunctive rallefto order Landlord to remedy the breach, and may recover damages and 2q. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises which Landlord is required to re~alr unless Tenant has given Landlord written notice of the condition and landlord has failed to successfully repair the condition within a reasonable period of time. If Tenant withholds rent because Landlord has breached the Lease, Tenant must immediately give L :~ dlord a second written notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair a~(~ mnst state that rent is being withheld for such reasons. If Landlord then sues Tenant for possession of the Premises or for wffi~held rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, if any, should be pai~ to Landlord. If conditions exist which Landlord is required to remedy and which creates a fire hazard or serious threat to the health or safety of Tenant, Tenant may file an action in a court of competeat jurisdiction to terminate the Lease, to require Landlord to rep¢ir the Premises. or to obtain other relief, in such and action, Tenant may pay rent to the court to be held until Tenant's action is dec~ded, if Tenant withholds rent or pays rent into court under tbJs section and the court finds (a) that Tenant has acted in bad faith, Co) ~hat Tenant, Tenant's family or guests have caused the conditions or have refused unreasonably to alinw Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, court costs, any repgir costs due to Tenant's violation of the Lease, and attorneys fees. 27. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage pre~aid) to Landlord, Tenant or Agent at such party's address, as set forth above or ai such other address as a party may designate from time to time by notice given..in accordance with the terms of this section. 28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 29. GOVERNING LAW. This Lease is entered into and shall be consU~ued under the laws of the State of Virginia, 30. SEVERABIL1TY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. 31. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a breach bY Tenant shall not be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue in full force and effect. 32. AGENT'S COMMISSION. The Agent's compensation for services rendered in connection with this Lease shall be paid by Landlord ha accordance with the tanns contained in a separate agreement. 33. AMENDMENTS. This Lease may be amended onlyby a' writing signed by the parties, or by a change in Landlord's rules and regulations, provided that reasonable notice of such change is given to Tea,ant and provided that such changes do not substantially modify Tenant's arrangement with Landlord. 34. ENrLRE AGREEMENT. This Lease and any tales and regulations of Landlords constitute the entire lease agreement between Landlord and Tenant. No oral smtaments made by either party shall be binding. Wimess the following signatures: AGENT - h .C~ Social Security Number ADDENDUM TO LEASE AGREEMENT This Addendam to Lease Agreement is made and entered into this 1st day of May the "Ci" 1996, by and among the City of Charlottesville ( ty ), the County of Albemarle (the "County") and Susan H. Seeds &.Tony L. Harlowe the "Tenant"). The parties hereto agree that a residential lease agreement between the parties, dated May 1 _, 1996 also includes this addendum, as follows: As additional rent, the Tenant:shall perform the following duties as..tong as heresides on the Property. The following duties may be modified as duties may be added or deleted by mutual written agreement between the County and City and the Tenant. Failure to perform the following duties on the part of the Tenant shall constitute a breach by the Tenant under the Lease Agreement: The Tenant Shall: (a) Assure the park entrance gates and greenbelt gate are opened and closed per posted times and at special requests; Co) Assist the public with information as needed; (c) Clean and stock restrooms and clean up and remove trash in parking lot and playing areas on days park employees are not scheduled to work; (e) (0 In absence of park personnel, perform emergency repair or maintenance of park facilities and grounds, to the extent possible, and contact park personnel; In absence of park personnel, assist athletic program officials with decisions related to playability of fields and contact proper athletic program directors when necessary; Take daily attendance c, qunt when park employees are not available to perform this duty; Mow and trim grass around tenant house as outlined by Park Foreman; Upon completion of Darden Towe Memorial, raise and lower flags on schedule to be determined by Park Foreman. o The' Tenant shall not be allowed to have pets or additional residents unless approved by the Park Foreman. It is understood that ifthis approval is given that it maybe rescinded in the event a problem develops related to a pet or an additional resident. The County and City reserve the right to request the Tenant to remove from the site any personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles, appliances, etc.). The County and City reserve the right to request the Tenant to cease any activity that is /nconsistent with the park or surrounding neighborhood. The Tenant is responsible for all utilities. The County will pay for electrical current then bill the Tenai~t. 'Reknbursement Will be due within ten days of notification of the Tenant of the amount due. Tenant will assume full responsibility for all other utility payments. This agreement may be terminated by any party giving written notice of such intention to the other party at least thirty (30) days in advance of the proposed date of termination. At the terminationoftbis lease, the lease shall not be renewed ffrequired for any of the purposes mentioned in V/rginia Code section 15.1-258. Upon termination, all improvements erected thereon shall revert to the County and City and shall be flee from any encumbrance at the t/me of such reversion. The County and City reserve the right to agree to certain modifications pertaining to the foregoing tenant responsibilities during the term of the lease agreement. It is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Recreation Department, and its Director. The County and City further agree that, in the event tenant performs additional duties at the specific request of the County and City in connection with the property, or for any other reason in the sole discretion of the County and City, then an adjustment in the payment of rent under this lease agreement may be made, provided that any such modifications shall be effective on/y if in writing between the County, City and the tenant. It is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Recreation Deparlment, and its Director. WITNESS the following signatures and seals: BY: ~ COUNT' By: By: I N T E R 0 F F I C E MEMO To: From: Subject: Date: Melvin A. Breeden, Director of Finance,// Lettie E. Neher, ChiefDepnty Clerk~ Items Approved by the Board on May 1, 1996 May 6, 1996 Attached you will the following documents which were approved by the Board on May 1, 1996: I) Appropriation Form 95065, Reappropriation of Carry-Over Funds from School-Based Accounts for the Fiscal Year 1995-96. Appropriation Form 95069, Additional Funds for Commonwealth's Attorney for Special Prosecutor for the Fiscal Year 1995-96. 3) Appropriation Form 95070, Additional Funds for Commonwealth's Attorney for Computer Equipment for Fiscal Year 1995-96. 4) Appropriation Form 95071, Funding to reimburse VDOT for expenditures on Stoney Ridge RoadflVffll Creek for Fiscal Year 1995-96. 5) A copy of the Annual Appropriation Ordinance for the Capital Improvements Prr~gram for the Fiscal Year Ending Iune 30, 1997. 6) The origknal Resolution of Official Intent to Reimburse Expenditures for Various Public Improvements with Proceeds of Bonds (dated May I, 1996). len/ Attachments (6) cc: Kevin Castner Jo Higgins James Camblos File I N T E R 0 F F I C E MEMO To: From: Subject: Date: Pat Mullaney, Director, Parks and Recreation Lettie E. Neher, Chief Deputy Clerk/.f-~..~ Items Approved by the Board on May 1, 1996 May 6, 1996 Attached are the originals of the following documents which were approved by the Board of Supervisors on May 1, 1996: 1) Well Dedication document for a new well site at Chris Greene Lake. Please return a copy of the r&cording receipt from the Clerk's Office. 2) Residential Lease Agreemem dated May 1, 1996, signed by all parties, for the Towe Park Tenant House. LEN:mms Attachments (2) COUNTY OF ALBEMARLE AGENDA TITLE: Appropriation - Education SUBJECT/PROPOSAL/REQUEST: Request approval of appropriation #95065 in the amount of $105.828.19 to reappropriate carry over funds from school based accounts. STAFF CONTACT(S): Messrs. Tucker, Castner. Breeden AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: / ITEM NUMBERI INFORMATION: INFORMATION: DISCUSSION: The School Board previously adopte~t a resolution to authorize schools to carry forward balances not exceeding 10% ~f their revised budgets. Based on this stipulation, carry over funds for the school based accounts for the 1994-95 fiscal year amount to $105.828.19. RECOMMENDATION: Staff recommends approval of appropriation #95065 in the amount of $105,828,19, 96.076 APPROPRIATION REQUEST FISCAL YE~ 95/96 IgI3-MBER 95065 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND SCHOOL PURPOSE OF APPROPRIATION: REAPPROPRIATION OF CARRY OVER FUNDS FROM SCHOOL BASED ACCOUNTS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1221661101601300 1220261101601300 122146~01601300 1220361101601300 1220461101601300 1220561101601300 1220661101601300 ~221561101601300 1220761101601300 1220961101601300 1221061101601300 1221161101601300 1221261101601300 1221361101601300 1225161101601300 1225261101601300 1225461101601300 1225561101601300 1230161101601300 1230261101601300 1230361101601300 INST/REC. SUPPLIES $5,405.00 INST/REC. SUPPLIES 3,571.00 INST/REC. SUPPLIES 6,759.00 INST/REC. SUPPLIES 5,062.00 INST/REC. SUPPLIES 8,654.00 INST/REC. SUPPLIES 2,429.00 INST/REC. SUPPLIES 3,308.00 INST/REC. SUPPLIES 1,148.00 INST/REC. SUPPLIES 1,736.00 INST/REC. SUPPLIES 5,600.00 INST/REC. SUPPLIES 9,712.00 INST/REC. SUPPLIES 2,131.00 INST/REC. SUPPLIES 3,401.00 INST/REC. SUPPLIES 1,634.00 INST/REC. SUPPLIES 6,777.00r INST/REC. SUPPLIES 9,448.00 INST/REC. SUPPLIES 105.00 INST/REC. SUPPLIES 10,613.19 INST/REC. SUPPLIES 9,270.00 INST/REC. SUPPLIES 4,183.00 INST/REC. SUPPLIES 4,882.00 TOTAL $105,828.19 REVENUE DESCRIPTION AMOUNT 2200051000510100 APPROPRIATION-FUND BALANCE $105,828.19 TOTAL $105,828.19 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE ALBEMARLE COUNTY PUBLIC SCHOOLS DATE: March 6, 1996 TO: Rober5 W. Tucker~ Jr., County Executive FROM: Kevin Castner, Division Superintendent RE: Reques~ for Appropriation The School Board previously adopted a resolution Lo authorize schools to carry forward balances no5 exceeding 10% of their revised budgeEs. Based on this stipulation, carry over funds for the school based accounts for the 1994-95 fiscal year amounE to $105,828.19 It is requested that the Board o~ Supervisors amend the appropriation ordinance to re-appropriate these funds as follows: REVENUE 2-2000-51000-510100 Appropriation-Fund Balance $105,828.19 EXPENDITURE 1-2216-61101-601300 Inst 1-2202-61101-601300 Inst 1-2214-61101-601300 Inst 1-2203-61101-601300 Inst 1-2204-61101-601300 Inst 1-2205-61101-601300 Inst 1-2206-61101-601300 Inst 1-2215-61101-601300 Inst 1-2207-61101-601300 Inst 1-2209-61101-601300 Inst 1-2210-61101-601300 Inst 1-2211-61101-601300 Inst 1-2212-61101-601300 Inst 1-2213-61101-601300 Inst 1-2251-61101-601300 Inst 1-2252-61101-601300 Inst 1-2254-61101-601300 Inst 1-2255-61101-601300 Inst 1-2301-61101-601300 Inst 1-2302-61101-601300 Inst 1-2303-61101-601300 Inst /Rec. /REG. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. ~Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. /Rec. Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies $5,405.00 $3,571.00 $6,7B9.00 $5,062.00 $8,654.00 $2,429.00 $3,308.00 $1,148.00 $1,736.00 $5,600.00 $9,712.00 $2,131.00 $3,401.00 $1,634.00 $6,777.00 $9,448.00 $105.00 $10,613.19 $9,270.00 $4,183.00 $4,882.00 $105,828.19 /smm xc: Melvin Breeden Ella Carey COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ~ENDA TITLE: Appropriation - Commonwealth's Attorney SUBJECT/PROPOSAL/REQUEST: Request approval of appropriation #95069 in the mount of $11,607.50. STAFF CONTACT(S): Messrs. Tucker, Huff, Camblos, Breeden AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: INFORMATION: INFORMATION: / DISCUSSION: Due to the temporary absence of Chew1 Higgins. Assistant Commonwealth's Attorney, tbr maternity leave, the State Compensation Board agreed to f~md a special prosecutor during her absence. A special prosecmor was employed during the absence at a cost of $11.607.50 of which $10.460.00 was funded by the Compensation Board and has been reimbursed to the County. RECOM3iENDATION: Staff recommends approval of an additional appropriation in the amount of $11.607.50 as detailed on attached form #95069. 95069.WPD 96.067 APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95069 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GENERAL PURPOSE OF APPROPRIATION: ADDITIONAL FUND FOR COMMONWEALTH ATTORNEY FOR SPECIAL PROSECUTOR. EXPF=NDI TURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100022010390000 PURCHASED SERVICES-LEGAL $11,607.50 TOTAL $11,607.50 REVENUE DESCRIPTION AMOUNT 2100023000230101 STATE SIiARED EXPENSES $10,~60.00 2100051000510100 GENERAL FUND BDJ-=~kNCE TOTAL $11,607.50 REQUESTING COST CENTER: COMMONWEALTH ATTORNEY APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE.: Appropriation - Commonwealth's Attorney SUBJECT~PROFOSAL/REOUEST: Request approval of appropriation =95070 in the amount of $8,390.70 to provide additional funding for computer equipment. STAFF CO1VrACI (S): Messrs. Tucker, Huff, Camblos, Breeden AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION; INFORMATION: The State Compensation Board will provide, at no cost, the Geronimo legal database for the Commonwealth's Attorney's office. This system would replace the current Virginia Law on Disk system which currently has an annual cost of $800. DISCUSSION: A review of the cun'ent data processing equipment in the Commonwealth's Attorney's office by Information Services revealed that the current eqmpment is outdated and incapable of rnnuing the new Geronimo legal database. Their review also determined that replacement of the equipment would actually be less expensive than upgrades to the current eqmprnent and would provide a substantial improvement in performance. Based on a request by the Commonwealth's Attorney, the State Compensation Board has agreed to fund $5.338.00 (63.62%) of the $8.390.70 cost for 5 personal computers with CD Rom. The remiming cost of $3,052.70 would require funding by the County. Based on the $800.00 annual cost for the current Virginia Law on Disk system, the County would recoup its invesl~nent in less than 4 years. ReLmbursement request must be submitted to the Compensation Board by June 15. 1996 since the funding will not be available in next fiscal year. RECOMMENDATION: Staff recommands approval of an additional appropriation in the amount of $8,390.70 as detailed on attached form #95070. 95070.WPD 96.070 FISCAL YEAR 95/96 TYPE OF APPROPRIATION ADVERTISEMENT REQUIRED ? PUND PURPOSE OF APPROPRIATION: APPROPRIATION REQUEST NUMBER ADDITIONAL TRANSFER NEW YES NO GENERAL X X 95070 ADDITIONAL FUND FOR COMMONWEALTH ATTORNEY FOR COMPUTER EQUIPMENT. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100022010800700 ADP EQUIPMENT $8,390.70 TOTAL $8,390.70 REVENUE DESCRIPTION AMOUNT 2100023000230101 STATE SHARED EXPENSES $5,338.00 21000510005101~0 GENERAL FUlN-D BALANCE 3,052.70 TOTAL $8,390.70 REQUESTING COST CENTER: COMMONWEALTH ATTORNEY APPROVALS: D/RECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Mill Creek Industrial Park - Stoney Ridge Road SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #95071 in the amount of $21,717.38, STAFF CONTACT(S): Messrs. Tucker. Ms. Higgins AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: ! DISCUSSION: The County entered into an agreement with the Virginia Department of Transportation (VDOT) on 1 Seetember 1993 for the use of industrial access funds for the construct[on of Stoney Ridge Road in Mill Creek Industrial Park. The County in Turn entered into an agreement with Craig Builders of Albemarle for the same reason The Commonwealth Transportation Board allocated funds for this project under the 'bonded" Drowsions of the access program allowing a three-year period for documentation of eligible capital outlay. The County received a letter from VDOT dated 12 February 1996 stating that the three-year bonded period for this project expires on 20 May 1996 and stated that $21 717.38 of eBgible cost was incurred. in lieu of the reauired caoital outlay documentation Craig Builders has provided a check to the County in the amount of $21.717.38, This $21 717.38 must be appropriated into an expenditure account so that the County can pay VDOT, Once VDOT receives this money, they will release their interest in the $27.500 certificate of deposit the County provided to secure the Commonwealth's interest in this pro!ect. RECOMMENDATION: Approve Appropriation #95071 in the amount of $21 717 38 for funds to be placed into an expenditure account to pay VDOT. 95071 .WPD 96.070 APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95071 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND CAPITAL/GENEP. AL PURPOSE OF APPROPRIATION: FUNDING TO REIMBURSE VDOT FOR EXPENDITUES ON STONEY RIDGE ROAD/MILL CREEK. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1901041000950100 MILL CREEK INDUSTRIAL PARK $21,717.38 TOTAL $21,717.38 REVENUE DESCRIPTION AMOUNT 2901019000199929 DEVELOPER-MILL CREEK $21,717.38 TOTAL $21,717.38 R~QITESTING COST CENTER: ENGINEERING APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: FY 1996/97 Capital improvements Program Appropriation Ordinance SUBJECT/PROPOSAL/REQUEST: Request approval of the FY 1996-97 Capital improvements Program Appropriation Ordinance and Resolution of Official Intent for Use of VPSA Bond proceeds. STAFF CONTACT(S): AGENDA DATE: ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: Mr. Tucker, Ms. White /// BACKGROUND: The FY 1996-97 Capital Improvements Budget was approved by the Board of Supervisors on April 10, 1996 in the amount of $25,339,827, $2,075,442 to the General Government Capital Fund, $23,154,385 to the School Division Capital Improvement Fund, and $110,000 to the Stormwater Capital Improvement Fund. DISCUSSION: The attached ordinance appropriates a total Capital improvement Budget of $25,789 827. an increase of $450,000 over the approved budget due to the addition of the $450,000 in capital project/debt service reserve funds approved by the Board in the FY 1996-97 operating budget. These funds will be transferred into the General Government Capital Fund as a reserve against unanticipated capital needs or increased debt service costs. With the additional $450,000, appropriated funds in the FY 1996-97 Genera] Govemment Capital Fund will total $2,525,442. RECOMMENDATION: Staff recommends approval of the attached Appropriation Ordinance for the FY 1996-97 Capital Improvements Program and the Resolution of Intent which allows the County to be reimbursed by VPSA bond proceeds for prior school project expenditures incurred over the summer. 96.086 COUNTY OF ALBEMARLE ANNUAL APPROPRIATION ORDINANCE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 1997 AN ORDINANCE making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS PROGRAM for the fiscal year ending June 30, 1997; to prescribe the provisos, terms, conditions and provisions with respect to the items of appropriation and their payment; and to repeal all ordinances wholly in conflict with this ordinance and all ordinances inconsistent with this ordinance to the extent of such inconsistency. BE IT ORDAINED by the Board of County Supervisors of the COUNTY OF ALBEMARLE, VIRGINIA: SECTION I - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30. 1997: Paragraph One: ADMINISTRATION AND COURTS 1. County Technology Upgrade 2. County Office Bldg. Maintenance/Replacement $180.000 $118.850 $298.850 $298,850 Paragraph Two: FIRE, RESCUE AN D SAFETY 1. Fire/Rescue Building and Equipment Fund 2. PoJice Department Computer System $250.000 $72.295 $322.295 $322,295 Paragraph Three: HIGHWAYS AND TRANSPORTATION 1. Rewnue Sharing Road Program 2. Route 29 North Landscaping 3. Ivy Road Bike Lanes $500.000 $14.000 $50.000 $561.000 $561 000 Paragraph Four: LIBRARIES 1. Maintenance/Replacement Projects $68.500 $68,500 Paragraph Five: PARKS AND RECREATION 1. ADA Compliance at Parks $80 2. ADA Compliance on School Playgrounds $89 3. Outdoor Recreation Project Completion $49 4. Walnut Creek Park Improvements $75 5. Towe Park Recreation Improvements $143 6. Chris Greene/Mint Springs Security $20 7. Crozet Park Improvements $150 8. Swimming Beach Playground Structures $30 9. Scottsville Community Center Outdoor Improvements $55 10. Rivenna Greenway Access and Path $75 11. County Land Athletic Field Study $20 12. Maintenance/Replacement Projects $37 $824 278 375 600 000 144 000 000 000 4OO 000 000 000 797 $824,797 Paragraph Six: CAPITAL PROJECTS RESERVE 1. Capital Projects/Debt Service Reserve $450,000 $450,000 SUMMARY Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 1997: -To be provided as follows: Transfer from General Fund $1.958.600 Transfer from General Fund Capital Projects Reseme $450,000 CIP Fund Balance $118,$42 $2,525,442 Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 1997: $~525,442 $2,525,442 SECTION I1: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30. 1997: Paragraph One: EDUCATION (SCHOOL DIVISION) $23, t54,385 1. Crozet Addition $856.890 2. CATEC ADA Compliance 3. AHS Phase II & III Restorations 4. Woodbrook Renovation/Addition 5. New High School 6. Cale Addition 7. Brownsville Renovation/Addition 8. Stony Point Renovations/Addition 9. Technology Projects 10. Vehicular Maintenance Facility Reconfiguration 11 WAHS Building Renovations 12. Chiller Replacement 13. Avon Street/Rout~ 20 Connector 14. Henley Addition 15. Technology Education Labs 16 New High School Community Recreation Facilities 17. Maintenance/Replacement Projects $14,000 $539,00O $2,045,550 $9,80O,0OO $859.000 $1.461.470 $1,180,000 $1.009,600 $17.500 $1,894,135 $118.000 $1,399.300 $185,000 $550.000 $275,000 $949.940 $23.154.385 SUMMARY Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year ending June 30, 1997: To be provided as follows: Transfer from General Fund Interest Earned VPSA Bonds Transfer from Split Billing Reserve $669,900 $100.000 $5,884,485 $16,500,000 $23,154,385 Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal year ending June 30, 1997: $23,154,385 $23,154,385 SECTION II1: STORMVVATER FUND That the following sums of money be and the same hereby are appropriated from the STORMWATER FUND for stormwater improvement purposes herein specified to be apportioned as follows for the fiscal year ending June 30~ 1997: Paragraph One: STORMVVATER IMPROVEMENTS 1 County Master Drainage Plan 2, Transfer to Drainage/Erosion Correction $60.000 $50,000 $110,000 3 $110.000 SUMMARY Total STORNNVATER FUND appropriations for fiscal year ending June 30, 1997: To be provided as follows: Transfer from the General Fund Stormwater Fund Balance Total STORMWATER FUND resources available for fiscal year ending June 30, 1997: $60.000 $50.000 $110,000 $110,000 $110,000 TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I - III IN THIS ORDINANCE FOR THE FISCAL YEAR ENDING JUNE 30, 1997 RECAPITULATION: TOTAL APPROPRIATIONS Section I General Government Improvements Fund Section II School Division Capital Improvements Fund Section Ill Stormwater Fund $2,525.442 $23.154.385 $110.000 $25.789.827 $25,789,827 GRAND TOTAL $25,789,827 BE IT FURTHER ORDAINED that the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation ordinance. SECTION IV All of the monies appropriated as shown by the contained items in Sections I, II and III are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. Paragraph One 4 Subject to the qualifications in this ordinance contained, all appropriations are declared to be maximum, conditional and proportionate appropriations--the purpose being to make the appropriations payable in full in the mount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise, the said approuriations shall be deemed to be payable in such vrooortion as the total sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Paragraph Two All revenue received by any agency under the control of thc Board of Supervisors included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors be'rog first obta'med, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for goods, materials, supplies, eqmpmem or contractual services for any purpose may be incurred by any deparm~ent, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual services mvolving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing Agent shall be responsible for securing such competitive bids on the basis of specification furnished by the contracting department, bureau, agency or individual. In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obligations incurred contrary_ to the purchasin~ procedures prescribed in the Albemarle County Purchasine Manual shall not be considered oblieations of the County, and the Director of Finance shall not issue any warrants in ~avment of such obligations. Paragraph Four Allowances out of any of the appropriations made in this ordinance by any or ail County 5 departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subject m change from time to time to maintain like rates. Paragraph Five All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six All ordinances and parts of ordinances inconsistent with the provisions of this ordinance shall be and the same are hereby repealed. Paragraph Seven This ordinance shall become effective on July first, n'meteen hundred and ninety-six. ALG/alg 04/26/96 6 RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR VARIOUS PUBLIC IMPROVEMENTS WITI~ PROCEEDS OF BONDS WltEREAS, the Board of Supervisors of Albemarle County, Virginia (the "County"), intends to undertake various improvements to its public school system as described on Exhibit A attached hereto (the "Project"); and WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the Bonds; BE IT RESOLVED BY TI:IE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY: The County intends to finance the Project through the issuance of bonds in an amount not to exceed $5,884,485 (the "Bonds"). (2) The County intends to receive reimbursement from proceeds of the sale of the Bonds for costs of the Project paid by the County prior to the issuance of the Bonds. 0) The County intends that the adoption of this resolution be considered as "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. I, Ella W. Carey, due hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia at a regular meeting held on Clerk, Board of Supervisors RWW/dbm 96.030 PUBLIC SCHOOL IMPROVEMENT PROGRAM Exhibit A Des~dption 1 Crozet Addition 2. AHS Phase II & III Restorations 3. Woodbrook Renovation/Addition 4. Brownsville Renovation/Addition 5. Stony Point Renovations/Addition Amount $856,890 $539,OO0 $2,045,550 $1,263,045 $!,!8~o00 $5,884,485 Page I COUNTY OF ALBEMARLE ANNUAL APPROPRIATION ORDINANCE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR ENDING JUNE 30, 1997 AN ORDINANCE making appropriations of sums of money for all necessary expenditures of the COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS PROGRAM for the fiscal year ending June 30, 1997; no prescribe the provisos, terms, conditions and provisions with respect to the items of appropriation and their payment; and to repeal all ordinances wholly in conflict with this ordinance and all ordinances inconsistent with this ordinance to the extent of such inconsistency. BE IT ORDAINED by the Board of County Supervisors of the COUNTY OF ALBEMARLE, VIRGINIA: SECTION I - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 1997: Paragraph One: ADMINISTRATION AND COURTS 1. County Technology Upgrade 2. County Office Building Maintenance/Replacement $180,000 118,850 $298,850 $298,850 Paragraph Two: FIP. E, RESCUE AND SAFETY 1. Fire/Rescue Building and Equipment Fund 2. Police Department Computer System $250,000 72,295 $322,295 $322,295 Paragraph Three: HIGHWAYS AND TRANSPORTATION 1. Revenue Sharing Road Program $500,000 2. Route 29 North Landscaping 11,000 3. Ivy Road Bike Lanes 50,000 $561,000 $561,000 Paragraph Four: LIBP~%~IES 1. Maintenance/Replacemenn Projects $68,500 $68,500 $68,500 Paragraph Five: PARKS AND NECNEATION $824,797 1. ADA Compliance at Parks 2. ADA Compliance on School Playgrounds 3. Outdoor Recreation Projec= Completion 4. Walnut Creek Park Improvements 5. Towe Park Recreation Improvements 6. Chris Greene/Mint Springs Security 7. Crozet Park Improvements 8. Swimming Beach Playground Structures 9. Scottsville Community Center Outdoor Imp 10. Rivanna Greenway Access and Path 11. County Land Athletic Field Study 12. Maintenance Replacement Projects $80,278 89,375 49,600 75,000 143,144 20,000 150,000 30,000 55,400 75,000 20,000 37~000 $824,797 Paragraph Six: CAPITAL PROJECTS RESERVE $450,000 1. Capital Projects/Debt Service Reserve $450,000 $450,O00 SUMMARY Total GENEP~%L~OVERNMENTCAPITALIMPRO%~NTSFUND Appropriations for Fiscal Year ending June 30, 1997: To be provided as follows: Transfer from General Fund Transfer from General Fund Capital Projec=s Res CIP Fund Balance Total GENERAL ~OVERNMENT CAPITAL IMPROVEMENTS FUND Resources available for Fiscal Year ending June 30, $2,525,442 $1,956,600 450,000 118,84~ $2,525,442 1997: SECTION II - SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION CAPITAL IMPROVEMENT FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending June 30~ 1997: Paragraph One: EDUCATION (SCHOOL DIVISION) $23,154,385 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Crozet Addition CATEOADA Compliance AI~S Phase II & III Restorations Woodbrook Renovation/Addition New High School Cale Addition Brownsville Renovation/Addition Stony Point Renovations/Addition Technology Projects Vehicular Maintenance Facility Reconfiguration WAHS Building Renovations Chiller Replacement Avon Street/Route 20 Connector Henley Addition Technology Education Labs $856,890 14,000 539,000 2,045,550 9,800,000 859,000 1,461,470 1,180,000 1,009,600 17,500 1,894,135 118,000 1,399,300 185,000 550,000 New High School community Recreation Facilities 275,000 Maintenance/Replacement Projects 949,940 S23,154,385 SUMMARY Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND Appropriations for Fiscal Year ending June 30, 1997: To be provided as follows: Transfer from General Fund Interest Earned VPSA Bonds Transfer from Split Billing Reserve $669,900 100,000 5,884,485 16,500,000 $23,154,385 Total SCHOOL DIVISION CAPITAL IMPRO~qEMENTS FUND Resources available for Fiscal Year ending June 30, 1997: $~3,154,385 SECTION III - STORHWATER FUND That the following sums of money be and the same hereby are appropriated from the STORMWATER FUND for stormwater improvement purposes herein specified no be apportioned as follows for the fiscal year ending June 30, 1997: Paragraph One: STORMWATER IMPROVEMENTS 1. County Master Drainage Plan $110,000 $60,000 2. Transfer to Drainage/Erosion Correction SUMMARY Total STOPd~WATER FDND Appropriations for Fiscal Year ending June 30, 1997: To be provided as follows: Transfer from the General Fund Sto~mwater Fund Balance Total STORMWATERFUND Resources aVailable for Fiscal Year ending June 30, 50,000 $110,000 $60,000 50,000 $110,000 1997: $110,000 $110,000 TOTAL APPROPRIATIONS MENTIONED IN SECTIONS I - III IN THIS ORDINANCE FOR ~HE FISCAL YEAR ENDING JUNE 30,1997 RECAPITULATION TOTAL APPROPRIATIONS $25,789,827 Section I General Government Improvements Fund $2,525,442 Section II school Division Capital Improvements Fd 23,154,385 Section III Stormwater Fund 110,000 $25,789,827 $25~789,82~7 BE IT FURTHER ORDAINED that the Director of Finance is hereby authorized to transfer monies from one fund to another, from time to time as monies become available; sums equal to, but not in excess of, the appropriations made to these funds for the period covered by this appropriation ordinance. SECTION IV Ail of the monies appropriated as shown by the contained items in Sections I, II and III are appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in this section. Paragraph One Subject to the qualifications in this ordinance contained, all appropriations are declared to be maximum, conditional and proportionate appropriations--the purpose being to make the appropriations payable in full in the amount named herein if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which the appropriations are made are sufficient to pay all of the appropriations in full. Otherwise, the said appropriations shall be deemed to be payable in such Droportion as the total sum of all realized revenue of the respective funds iq to the total amount of revenue estimated to be available in the said fiscal year by the Board of Supervisors. Paragraph Two All revenue received by any agency under the control of the Board of Supervisors included in its estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under the control of the Soard of Supervisors without the consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an appropriation. Paragraph Three No obligations for goods, materials, supplies, equipment or contractual services for any purpose may be incurred by any department, bureau, agency~ or individual under the direct control of the Board of Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting department, bureau, agency, or individual, the County Attorney and the Purchasing Agenn or Director of Finance. The Purchasing Agen~ shall be responsible for securing such competitive bids on the basis of specification furnished by the contracting department, bureau, agency or individual. In the event of the failure for any reason of approval.herein required for such contracts, said contract shall be awarded through appropriate action of the Board of Supervisors. Any obliqations incurred contrary to the purchasinq procedures prescribed in the Albemarle County Purohasinq Manual shall no~ be considered obliqations of the County, and the Director of Finance shall no~ issue any warrants ~n payment of such obliqations. Paragraph Four Allowances out oi any of the appropriations made in this ordinance by any or all County departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid at the same rate as that established by the State of Virginia for its employees and shall be subjecn to change from time to time to maintain like rates. Paragraph Five Ail travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Paragraph Six Ail ordinances and parts of ordinances inconsistent with the provisions of this ordinance shall be and the same are hereby repealed. Paragraph Seven This ordinance shall become effective on July first, and ninety-six. nineteen hundred I~ Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of County Supervisors of Albemarle County, Virginia, au a regular meeting held on May 1~ 1996. ~ ~ k~,~B, Board~Jo f Co~u~nty~ S~S ervisors / RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES FOR VARIOUS PUBLIC IMPROVEMENTS WITH PROCEEDS OF BONDS WHEREAS, the Board of County Supervisors of Albemarle County, Virginia (the "County"), intends to undertake various improvements to its public school system as described on Exhibit A attached hereto (the "Project"); and WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the Bonds; BE IT RESOLVED BY THE BOARD OF COUNTY SUPERVISORS OF ALBEMARLE COUNTY: (1) (2) (3) The County intends to finance the Project through the issuance of bonds in an amount not to exceed $5,884,485 (the "Bonds"). The Cotmty intends to receive reimbursement from proceeds of the sale of the Bonds for costs of the Project paid by the County prior to the issuance of the Bonds. The County intends that the adoption of this resolution be considered as "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. I, Ella W. Carey, due hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on May 1, 1996. , Bo~d of Co~] Supervisors PUBLIC SCHOOL IMPROVEMENT PROGRAM Exhibit A Description Anlount 2~ 3. 4. 5. Crozet Addition AHS Phase 11 & III Restorations Woodbrook Renovation/Addition Brownsville Renovation/Addition Stony Point Renovations/Addition $856,890 $539,000 $2,045,550 $1,263,045 $1.180.000 $5,884,485 PROCLAMATION MULTIPLE SCLEROSIS AWARENESS I~IONTH Recognizing an{[ Commemorating the Fifileth Hear of the Incorporation of tire National Multiple Sclerosis Socle~ and Honoring its lh'°Under,: Syl*ia Lawry WHEREAS, Multiple Sdere~is i~ tile mist co*ninon ~s~b~g ~e~lo~l ~ea~e d ~o~ng V~ alonei and WHEREAS, the National Multiple Sclerosis Socie~ has ,prodded more than $189,0 million_ for biomex[ical research and Iallow,hi~ ~an~ in the past fi~ years; and wi& range of client *ervioes in the areas of health; knowl~l~e an~t ind~en&nC~ d~rou~oUt 'Western Viri~inia~ &nd WHEREAS, research edvances haCe now broU~t uS oloser than ever ~o finding a educe and means of ~preven{ittg Multiple Solero~is and a~re~ting its ~ro~e~8, NOW THEREFORE, ~o~e ~ ~o~mora~ {he mon~h~of ~ N~e~'H~ N~-Sk a~ M~le Sdero~i~ Awa~nes~ Man~ in hono~ of So~i~ ~ hal~ ~dud~ ~n~ ~h M~le Sd~o~i~, ~ ~'en~o~age ~he Na~oaalMul~le Sclerosis So~ie~ ~ {he ~ur~ui~ of i~ ~sion of ed*~o~ ~ ~ure, ~n~on and ~en* of Mula~le Sohro~i~ and ~ro~ AND FURTHER RESOLVED, that a hovy of this Re~olution, mi{ably e~ros~e& he transmitted ~o the Blue Ridge Cha~r of the National Multiple Sclerosis Sooie~. ALBEMARLE B~UNTY SUPERVISORS DaSd P. Bo~erman Char]ot[¢ ¥. Hurnphrls Formst R. Marshall Jr. COUNTY OF ,ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX [804) 296-5800 May 6, 1996 Char~s S. Mart;~ Walter F. Perkins Ms. Faith Pa'mter President and CPO National Multiple Sclerosis Society #1 Morton Drive TL Ste. 106 P. O. Box 6808 Charlottesville, VA 22960 Dear Ms. Painter: Enclosed is the proclamation adopted by the Board of Supervisors on May 1, 1996, recognizing and commemorating the Fiftieth Year of the Incorporation of the National Multiple Sclerosis Society. IfI may be of further assistance, please call 296-5843. Sin.cerely, Ella W. Carey, CMC, Clerk Board of County Supervisors LEN/ Enclosure Printed on recycled paper NATIONAL MULTIPLE SCLEROSIS SOCIETY Main Office /¢1 Morton Drive TL Ste. 106 RO. Box 6808 Charlottesvifle. Virginia 22906 Telephone 804-971-8010 or toll free 1-800-451-0373 FAX 804-979-4475 Blue Ridge Chapter Branch Office 3959 Electric Rd., SW, Ste. 310 Roanoke, Virginia 24018 540-776-0985 1995-96 Board of Trustees Robert C. Colley Arisen Dickfe Frank H. Earle, IV Deborah S. Freed Terry W. Hawkins Cynthia J, Hinkle Victoria A. Joy~e K. Alvin Lloyd, M.D. James Q. Tvliller, M:D. Herbert L. Minich Edmund W. Morris J. Randolph Parker, Esquire Mary Jo Rejek, O.T.R. Tim Reith Donald D. Sandridge Audra W. Seag[e, Ph.D. Cynthia J. Teague Geleetine R. Walker Kay Watterson Stuart J. Watterson William D. Wortman Fay Painter President and Chief Professional Officer March 13, 1996 Mrs. Ella Carey Albermarle County 401 Mclntire Road Charlottesville, Va, 22902 Dear Mrs. Carey; The 1600 members of the Blue Ridge Chapter of the National Multiple Sclerosis Society want to set aside the month of May to call attention to the exemplary efforts of the many citizens here in Albermarle County who live every day with the challenges of multiple sclerosis. We hope you will have enclosed consideration, proclaim May a sample as MS Awareness Month, and proclamation for your Since our founding in 1946, the National Multiple Sclerosis Society has supported more MS-related research than any organization except the federal government. Now that research is paying off, with new drugs and therapies on the market and in use, and exciting prospects under study, MS research has never Oeen more hopeful. The Blue Ridge Chapter of the National MS Society provides a wealth of vital services for people with MS and their families in our city. From keeping families together, providing wheelchairs and other aids, to counseling and support, our services always a3m at helping the person with MS achieve the greatest degree of independence and autonomy possible, Anne Lipton, oor public relations intern, will call your office within two weeks to discuss the proclamation and to try to schedule a photo opportunity with you and one of our members who has MS. Many Thanks, Faith Painter President and CPO The Nati0nat MS Soeiety...One thing people with MS can count on. Please remember the National MS Society in your wm. PROCLAMATION SENIOR CENTER WEEK older Americans are significant members of our society, investing their wisdom and experience to help enrich and be~er (~ae lives of younger generations; anti WHEREAS, WHEREAS, the Senior Centor, Inc., an4the Jefferson Area Board for Aging have atf~l as catalysts for mobilizing the creativity, energY, vitality and commitment of the older residents of 2kibemarle; and through the'wlde array of-services, programs and activities, Senior Centers empew&r ol&r cifizens of the Cottony of Albemarle to contribute fo their own health.and well.beizag anti the health and well-being of their fellow citizens of all ages and WHEREAS, the Senior Centor; Inc., and fJae Jefferson Area Boant for Aging in the County of Albema,h affix-the ~ignity, self-worth and ind~endon~ of older per~ons by facilitatin~ their decisions and actions; tapping their experience, skills and knowledgd;-]~,~'d enabling their continued con~rrlbutions to the community; .NOW, THEREFORE, I, Charlotte Y. Humohris, CI~i~, on behalf of the Boant of County Supervisors of Albemarle County, Virginia, do hereby proclaim MAY 15 through MAY 19, 1996, as SEb~IOR CEI~rER WEEK and call upon all citizens to recognize the special cen6-ibutiens of the Senior Center, Inc., and the Jefferson Area Board for A'gmg pa~cipants, and the special efforts of the staff and volunteers who work every &y fo enhance the well-being of the older citizens of our community. April16,1,996 Th~Honorable ~h,,arlotte Hurnptids County OffiCe Bt.41dino_ ' 401 \lclnlire P, oad Chartottesville,'V'grginia 22902 · ,Dear Charlotte: ' "' ' Se~0r c~nte~Weekwl2lbeobsel~ed nationwide Ma,y. 13~19, 1996. Thiq ,~eek-kmu celebratioin aims to increase p~!bli~ a.wareness/ofprog~am$ and 'services aYailable for oklcr aduh~, and enci)ur ageim~tiCi~{aion in senior 'Centei:. programs. J ; ir/~ the celebration Senioi Center It will..also encourag : Center,- Inc We kia. B for Aging atffd~he Semo ,upport by .declaring May'i3-19; i99~; ~s'Seni0r center : Gordon W~lker it80 Pepsi Place, C~ka~lotresville;.'Vkginia 22901 t804) 97.4-:7756 · ' A Unkad Wa~ Certified A;gencv Fax '(804) 974-7510 COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntke Road Charlottesville, Virginia 229024596 (804) 296-5843 FAX (804) 296-5800 May 6, 1996 CharIes S. Martin Waiter F, Perkins Sally H. Thomas Ms. Elizabeth Seabrook, Execut'rqe Director The Senior Center 1180 Pepsi Place Charlottesv'flle, VA 22901 Dear Ms. Seabrook: Enclosed is the proclamation adopted by the Board on May 1, 1996, proclaiming May 13 through May 19, 1996, as Senior Center Week. Iii may be of further assistance, please call me at 296-5843 Sincerely, LEN/ Printed on recycled paper PROCLAMATION INDUSTRY APPRECIATION WEEK WHEREAS, WHEREAS~ WHEREAS~ WHEREAS, the County of Albemarle is blessed with a strong base of large employers; and these employers provide 'rn'uch needed jobs for the citizens of the County of Albemarle; and these same-employers provide.local taXes fr6rn which the entire local citizenw benefit; ~nd ' our community also benefits greatly frOm the many volunteer activities and charitable contributions so generOusly provided by,hese employers; and WHEREAS, we recognize and appreciat~ these important facts; NOW, :THEREFORE, BE IT RESOLVED;'ihat I, Charlotte Y. Humph~i~; Chairman on behalf of thee Board of County Supervisors of Albema~leCounty, Virginia, hereby salutes its existing employment base and gives notice to the citizens that _Virginia industries are building a better Commonwealth; ., recognizes the Week'of May 19 through May 25, 1996; as INDUSTRY APPRECIATION WEEK. ALBEMARLE BOARD OF COUNTY SUPERVISORS COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Well Dedication Document ~ Chris Greene Lake SUB JECTfPROPOSAI. YREQUEST: Request £or authorization for the Chairman to sign well dedication document for Chris Greene Lake. STAFF CONTACT(S): Messrs. T~cker, Huff, Mullaney AGENDA DATE: May 1, 1996 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED DY: / BACKGROUND: The 95-96 Parks and Rvcreation Capital Improvements Program includes funding for a new well at Chris Greene Lake to be located near thebathhouse. Because this will be a public water supply, the Health Deparunent requires that the County record a dedication document for the well lot for the purpose of protecting the water supply from contamination. DISCUSSION: The welllotis 100'x 100' as shown onthe attschedplat. The County Attorney's Officehas reviewed and approved the well dedication document. RECOMMENDATION: St2d~recommends that the Board authorize the Chairman to execute the attached document. 96.069 WELL DEDICATION THE COUNTY OF ALBEMARLE, VIRGINIA does dedicate a 100' x I00' portion of that tract or parcel of real estate situated, lying and being in Albemarle County, Virginia, more particularly described by deed and plat of survey of record in Deed Book 423, Page 114, Plat 423, Page 119, of the Clerk's Office of the Circuit Court of Albemarle County, Virginia, and being the identical real estate which said COUNTY acquired by grant with General Warranty of Tide and Modem EngF~sh covenants from Virginia Resorts Inc. Said dedication being to establish the aforesaid area. described on the attached plat plan as well lot~ for water supply use only and the said COUNTY agrees that only appurtenances pertinent to the water supply system will be constructed in said area dedicated and that said well lot will not be used for human habitation or other sources of contamination. The full interest and control of the aforesaid area dedicated shall remain with the COUNTY and this instrument is solely for the purpose of assuring the Department of Health of the Commonwealth of Virginia as to the matters hereinabove set forth so long as said parcd is used for a water supply system; and this dedication shall be null and void and of no further effect should the well on the said premises be abandoned and the use thereof for a water supply system cease. WITNESS the following signature. COUNTY OF ALBEMARLE, VIRGINIA TITLE: C~ 8/'rg-~a ,~ COUNTY OF ALBEMARLE, VIRGINIA The foregoing instrument was acknowledged before me this /'~ day of ./P/a.~ , I9 ~ by Charlotte Y. Humphris, C1/~airman of the Board of Supervisors of Albemarle County, Virginia. My commission e. xpires: ~f~/. d~,/f~7 FOR USE OF CLERK OF COURT This Well Dedication Document, as described above, was recorded in Deed Book Page , on the day of , 19 ' Health Department / identification Number I0 Schematic drawing of sewage disposal and/or water supply system and topographic features. Show the lot lines of the building site. sketch of proper~y showing any topographic features which may impact on the design-of the we~l or sewage disposal system, including existing and/or proposed structures and sewage disposal sys[ems and wells within 2'00 feet. The schematic drawing of the well site or area and/or sewage disposal system shall show sewer lines, pretreatn[ent aniL pump station, conveyance system, and subsudace soil absorption system, reserve area, etc. When a aoapublic ddnkir*g wa[er supply is to be permitted, show all sources of pollution withir 200 feet. ~ The information required above has been drawn on the attached copy of the sketch subrnitted with the application. Attach additional sheets as necessary to illustrate the design. Chris Green Lake Fence This ~ewag _ecdfsposal system arid/or water supply is to be constructed as specified by the permit. ~/ or attached plans and specifications . This sewage disposal system and/or well constructio~ permit is null and void if fa) conditions are changed from those shown On the application (b) cond;tiona are changed from those shown on the construction permit. No pad of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the Ioc¢ health dept. Any part et any installation which has been covered prior to approval shall be uncovered, if necessary, upon the direction of the Department. Da,e: .e iewed , Supervisory Sanitarian If FHA or VA financing Reviewed by Date _ _Date - - Regional Sanilarian Supervisory Sanitarian ~LAT SHOWING TRAGT OF LAND GONTAINING ~4.7B AGR~S TO BE AGQUIBED BY THE ~OUNYY OF ALBEMARL~ LOGATED NEAR EARLYSVILLg FI~I~I~ SCALE I"= 10 SUBJECT 8( 1,8 '7' / COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Albemarle County Board of Supervisors April 17, 19;t'6 Robert W. Tucker, Jr., County Executivey~// Northwestern Virginia Health Systems Agency - Appointee Attached is a letter from Ms. Margaret P. King, Executive Director of the NVHSA, requesting that the Board appoint a representative from the County to their Council Membership. You will note in her letter that several county residents currently serve on this Council but are not official appointees from the County of Albemarle. Mr. Jim Heilman has previously been the County's representative on this agency board but is unable m attend all of the meetings due to various conflicts. I am, therefore, suggesting that you consider appointing John Harlan as the County's representative on this agency's board effectively immediately. If you concur with this suggestion, I will inform Ms. King of your appointment. Should you have any questions concerning this matter, please do not hesitate to contact me. RWT,Jr/dbm 96.054 Attachment COUNTY OF ALBEMARLE Office of County Execut/ve 401 Mclntire Road Charlottesville, Virg/nia 22902-4696 (804) 296~5841 FAX (804) 972-4060 May 3, 1996 Mr, John F. Harlan, Ir. 1351 Mosby's Reach CharlottesvilIe, Virginia 22901 RE: Appointment to Northwestern Virginia Health Systems Agency Dear John: At its meeting on May 1, t996, the Albemarle County Board of Supervisors appointed you as the County representative to the Northwestern Virg'mia Health Systems Agency. Peggy King recently madens aware of the need for such an appointment and I am delighted to inform you that you were chosen to represent the County and we know your presence on the Board will be, as it has been in the past, extremely beneficial to our region. Should you have any questions concerning this matter, please do not hesitate to contact me. Sincerely, Robert W. Tucker, Jr~ County Executive RWT,Jr/dbm 96~062 Ms, Margaret P. King, Executive Director NVHSA Northwestern Virginia Health Systems Agency, Inc. Blue Ridge Hospital, Charlottesville, Virginia 22901 Telephone (804) 977-6010, Fax (804) 977-0748 April l0, 1996 Rober~ W. Tucker, Jr. Albemarle County Administrator 401 Mclntire Road Charlottesville, VA 22901 Dear ~er~:~ I am writing to request your assistance in filling a vacancy on the Jefferson Health Council. This Council assists in planning and reviewing health services in P~mrmkng District I0~ It is a part of the Northwestern Virginia I-[ealth Systems Agency (NWVHSA), a non-profit, private corporation designated by the state to serve five planning districts in northwestern Virginia. An "Overvie~v" explaining the organization and work of the Agency is enclosed. The Council is composed of 30 members who are residents of or providers of health care services in Albemarle County or another of the Planning District 10 jurisdictions. A majority of the members must be health care consumers (that is, people whose household income is generally not derived from health care services provision) and the remainder are providers of health care services. Thc number of consumer positions allocated to each of thc six jurisdictions is roughly proportional'to thc populations of each jurisdiction. Bylaws provide that the governing body of each jurisdiction be asked to appoint an elected official or representative to serve as a consumer member of the Council, with other members to be elected by the Council membership. It is the appointment of such an official or representative that I am now requesting. (I should note that Evelyn Bacon, John Harlan, James H~ilman, and Ruth Moran are Albemarle Cmmty residents currently serving as consumer members of the Council, any one of whom enuld be ~esignated by the County as its representative.) The Council meets regularly on the third Thursday of alternate months (April 18, June 20, etc.), usually ar 7:00 P.M., but sometinlos earlier, with dinner. The meeting location is often determined by what the Council has on its agenda, but, in the absence of a special reason to meet elsewhere, is the Albemarle- Charlottesville Health Department, in Charlottesville. The Council's next meeting will be on Thursday, April 18, 1996. Reimbursement is available to Council members who request it for reasonable costs associated ~vith travel to Council meetings (at 24.5 cents per mile-for travel by car). I would be happy to answer any questions you might have and look forward to hearing from you about an appointment from your jurisdiction to serve on the Council. Enclosure Sincerely, COUNTY ~e ALBI~MARL~ EXECUTIVE OFFICE A non-profit organization oesignated by the Commonwealth of Virginia to provide health ~lanning services for the 32 cities and counties of Northwestern Virginia The Board 0f Directors of the NWVHS~ has 30 members. A majority of the directors are consumers and the remainder are providers of health care services, as follows: 17 Consumers, with 3 or 4 from each of the 5 planning districts served- 13 Providers, with 2 to 4 from each planning district and representai~on of.' · Physicians, dentists, nurses, m:ental health, and other health professionals · Health care institutions and .f.~cilities (e.g., hospitals, ambulatory care ce.n,t, ers, and long-term care, rehabilitation, and substance abuse treatment facilities) · Health care insurers · Health professional schools · Allied health professions (e.g., physical, speech, occupational and respiratory therapists, social workers, dental assistants, medical social workers) The membership includes representatives of elected local government c)fficial~ and of local public and private agencies concerned with health care, as well as a director of a local health department, a director of a local social services or welfare department, a community services board director, and a director of an area agency on aging. Each planning district has at least 5 but no more than 7 members on the Board. Any provider of health services in the region and any resident wh0is 18 years of age or older is eligible for Board membership· The Agency's Advisory Councils (see below) appoint 16 of the Board members, and 14 are elected by the directors from among nominees of those Councils, professional organizations, or others. Meetings of the Board are generally held in Culpeper, on the first Tuesday of alternate months· Each director serves on at least one of the Board's standing committees, which meet just prior to Board's meeting (although occasionally a committee's members will schedule a meeting on another day) and on the reports o~whlch the Board usually bases its action· To advise and assist the NWVHSA's Board of Directors, the Bylaws of the Agency provide for the establishment of five Subarea Health Advisory CounCils, one for eachof the 5 planning districts in the NWVHSA's service area. Advisory Council membership is similar to that of the Board of Directors, that is, broadly representative of consumer, providers geographic, and other interests in its~ planning district. Each county and independent city in a planning district is requested to appoint a representative to serve;on the Advisory Council for that plannlng district. Any provider of'health services in the planning district and any resident who is 18 'years of age or older is eligible for membership on the Advisory Council serving thal planning district. Advisory Councils generally meet once every other month, each on its own regular meeting day. Each of the five Advisory Councils has the following responsibilities: · To participate in the development and revision of plans and planning studies undertaken by or supported by the Agency · To review and make recommendations on Certificate of Public Need applications for projects in the Council's planning dj}trier · To develop and maintain an awareness of, and serve as a forum for the discussion of, local health needs and problems in its planning district, to keep the Board of Directors apprised of local issues and, in general, to perform a liaison role between the Board, local governments and the community at large · To nominate persons to serve on the Board or its committees as may be requested by the Board as provided for in the Bylaws · To perform other duties as may be requested from time to time by the Board · The Advisory Councils may also, on their own initiative, undertake special studies or projects to address issues of particular importance in their areas· lOoard of Directors ] I Vattey Health Councit (6) I Jefferson Hearth Council (10) Lord Fairfax Health Councit (7) Rappahannock-Rapidan Health Council (9) Rappahannock Eeatth Advisory Council (16) Executive Director I 1 Finance Committee ] Administrative Committee IPr°ject Review C°mmittee [ Plan DeveJopment Coa~nittee Other Staff :axe VSHAAM',! oql jo sosodmd oq,L · sa!lp luapuadopu! 8 prm sa!luna3 i~g m. i~m.p!sal aidood t{iO~ll~m~oJdd~ pu~ sa/ira o.mnbs O00'0I ~OAO tilex '9[ pug '0I '6 'L '9 sl3VIs!o i~m. tmuld sopnpu! (I }ISH .~o 'I uo~oH i~u!mmkl ql[eoH s,11.nl.~.q.A) uo~ol slI '~.m!~. i!A JO qll~OamommoD aql m. (SVdHlt) sopuo~ :Su!mmld qlllloq l~UO.~O~ OA~ 10 ouo ~.. VSHAAAN oq& 0109-LL6-'v08 :auoqdola& 'I06ZZ e!Uli~J!A 'alI~SOllopeq;D 'Iel!dsoH a~p!kI onl~ · auI ~uogv smols~s qllUOH B.I[U.h~J.IA ~(q paluomoIddns 'l~u!punj luomuao~o~ [~[ pa* olels amos ql~ 'aaaa~oq 'suolle~odo panu~luoa VS~ oq& 'sUoDe~odo poseoo solms Xuem ~ sopuoSV smolsX8 qlleOH 'poddols ql~oq xoj ]aoddns imopoj uoq& '~6~ Joqoloo uI 'polepuem l} suo[lou~ jo oouemiojJ~d oql aoj X~nuue popBoad spu~ imopoj Xq AHa¢m[ad polloddns oao~ p~ muI slql ~pun 'S'B oql lnoq~noJql 'poqsHqelsO oJo~ s~?uo~v smolsXS ql[~oH '~L6I jo loV luomdo[oaoo {8~6~ u] uo}l*~s*p H~ polu~ ~*}~) luomu~o~o~ [mopoj oql ~q uo}le~s~p POaloooJ Il uoq~ '9L61 '6I I}~dv ua A3uoSe ~u~oll2U~ e se polJUls se& VSHA~ AGENDA ITEM NO. / DATE: ~'-'~///- Y~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Certificate and Resolution of Approval for VHDA Loan for Linwood Moderate Income Housing Renovation. SUBJECT/PROPOSAL/REOUEST: Request Board approval nf Certfficate of Approval and Resolution for VI-IDA mortgage loan for moderate income housing renovation project at Linwood Development. STAFF CONTAC'I (S~: Messrs. Tucker, Wlfite, McDonald AGENDA DATE: May 1, 1996 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes/~ ~ ' REVIEWED BY: /~/ , BACKGROtrND: Mark Wolf, President of Wolf Property Corporation, has received approval for a Virginia Housing Development Authority Multi-Family Loan for ;90.D00 to renovate 16 single family detached rental units in a development called "Linwand" originally bnik by himself and others in 1973. The VHDA loan will be used to redo kitchens, baths, windows and water heaters in all 16 nnits. Utili?ing the competitive loan fi:om VItDA will, according to Mr. Wol~ allow him to operate the traits as moderate cost housing. The property is located on White Rock Road .5 miles south of Charlottesville on Route 20 in Albemarle County. DISCUSSION: According to VHDA regulations, the County has the ability to disapprove VHDA's loan to Mr. Wolf on two conditions: 1) that it is not in compliance with zoning land use regulations or 2); that it is not consistent with the CHAS (our adopted Comprehensive Housing Affordability S~'ategy). The Housing Coordinator bas verified that the proposed project is consistent with the CHAS in promoting the expansion of affordable rental housing and the Zoning Administer has verified that the development, although on 2 acm lots, are lawfully nonconforming, since the development predates current zoning and is, therefore, grandfathered. RECOMMENDATION: Staff recommends approval of the attached Certificate of Approval and Resointion approving the use of VHDA's Multi-Family Loan Program funds for the "Linwood" project. 96.071 ~'~ pc: Mark Wolf Amelia G. McCulley COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4596 (804) 296-55z~3 FAX 1804~ 296-$800 May 7, 1996 Charles S. Martin Walter F. Perkins Sally H. Thomas Mr. R. C. Moore, Development Officer Virginia Housing Development Authority 601 South Belvidere Street Richmond, Virginia 23220-6500 Re~ Linnwood County of Albemarle VI-IDA Dev. #96-0840-HF Dear Mr. Moore: Attached you will find the Certification of Approval signed by the Chairman of the Board, and the Resolution of Approval signed by the Clerk, both relevant to the above noted item. IfI may be of any further assistance, please call me at 296-5843. Sincerely, Board o f ~oeuY~tCy~ Virginia McDonald, Housing Coordinator Robert W. Tucker, Jr. EWC:len Attachments (2) Printed on recycled cmper COUNTY OF ALBEMARLE Office of Board of Supennsors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 CERTIFICATION OF APPROVAL In accordance with Virginia Code Section 36-55.39.B, the Board of County Supervisors of Albemarle County, Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called "Linnwood", as expressed in its resolution duly adopted on May 1, 1996, a certified copy of which is attached hereto. Board of County Supervisors of Albemarle County, Virginia By: Printed on recycled paper RESOLUTION WHEREAS, the County of Albemarle is committed to ensuring that decent, safe and sanitary housing is available for all its residents; and WHEREAS, pursuant to Section 36-55.39.B of the C6de of Virginia, the County has been notified that the Virginia Housing Development Authority is considering financing a housing renovation project at "Linnwood Development"; and WHEREAS, VI-IDA's Multi-Family Loan Program funds w'fll be used to upgrade 16 singie-family detached rental units to be operated as moderate cost housing for Albemarle County citizens; and WHEREAS, the renovation project is consistent with land use regulations applicable to nonconformities; and WHEREAS, the renovation project is consistent with the County's Comprehensive Housing Affordab'flity Strategy (CHAS). NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of County Supervisors approves the use of VI-IDA funds for the renovation of the Linnwood development project. I, Ella W. Carey, do hereby certify that the foregoing is a true correct copy of a resolution adopted by the Board of County Supervisors of Albemarle County, Virginia at a regular meeting held on May 1, 1996. VHDA February 28. 1996 The Honorable Charlotte Y. Humphris Chairman, Board of Supervisors County of Albemarle 401 MclntireRoad Charlottesville. VA 229014596 Linnwood County of Albemarle VHDA Dev. # 96-0840-HF Dear Chairman Humphris: Pursuant to Section 36-55.39.B of the Code of Virginia, a copy of which is enclosed, you are hereby notified that the Vkginia Housing Development Authority is considering financing the proposed residential housing development described in the enclosed Attachment "A" that is to be situated in your locality. Should you desire additional information regarding the develop- ment proposal, please contact Mark Wolf, Wolf Property Coq)oration, 5663 Wyant Road, Charlottesville. VA 22903. If your governing body desires to disapprove the proposed development, it may do so by certifying to the Authority in writing within sixty days of the date hereof. A certified copy of any resolution disapprovmg the development proposal should accompany the above certification. We would ask that any such certification be in the form attached hereto. Please note that Section 36-55.39.B requires that, in order to disapprove the proposed development, your govermng body must make a finding that the proposed development (i) is not consistent with current zoning or other applicable land use regulations or (ii) is nor consistent with the local Comprehensive Housing Affordability Strategy. Any resolution disapproving the Authority's financing of the development proposal should include the finding of your governing body required by Section 36-55.39B; if such f'mding is not included in the resolution, the Authority may require that your governing body provide documentary evidence that such finding was made, and any failure to provide such documentary evidence may result in the Authority's finding that your governing body has not. within the above described sixty day period, certified in writ'rog its disapproval of the proposed development in accordance with Section 36-55.39B. Virginia Housing Development Authority 601 South Belvidere Street · Richmond Vir~ nia 2~00 · 8¢¢-782-1986 · //TDD 804-783-6705 Page Two You will note that Section 36-55.39.B also provides that your goverrdng body may, by resolution, approve the proposed development. If you desire to approve the development, we would ask that such approval be in the form attached hereto. A certified copy of the resolution approving the development must accompany the approval form. Very tru~ly yours, R. C. Moore Development Officer cc: Robert W. Tucker, Jr., County Executive Mark Wolf ATTACHMENT ' A' The existing development consists of 16 units of housing to be rehabilitated by the Virginia Housing Development Authority's Multi-Family Loan Program and located on White Rock Road. 5 miles south of Charlottesville on State Route 20, in Albemarle Coumy. § 36-55.39. Procedure prior to financing of housing developments undertaken by housing sponsors. -- A. Not~vithstanding any other provi- sion of this chapter, HDA is not empowered to finance any housing develop-_ merit undertaken by a housing sponsor pursuan~ ~o §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of this chapter u~ess, prior to the 6-~-cing of any housing development hereunder, the commissioners of HDA find: 1. That there exists a shortage of decent, safe and san/tary housing at renr2is or prices which persons and famil/es of Iow income or moderate income can afford within the general housing market area to be served by the proposed housing development. 2. That private enterprise and investment have been unable, without assistance, ro provide the needed decent, ss-re and sanitary housing at rentals or prices which persons or f~milies of low and moderate income can afford or to provide sufficient mortgage f~n~-cing for residential housing for occupancy by such persons or families. 3. That the housing sponsor or sponsors undercsking the proposed housing development in the Commonwealth w~]l ~,nnlv well-nlanned, well-designed nensing for persons or families of low and moderato income and that SUCh sponsors are financially responsible. 4. That the housing development, rn be assistedpursuant to the provisions of this chapter, will be of public use and will provide a public benefit. 5. That the housing development wilt be undertaken within the authority conferred by this chaptor upon HDA and the housing sponsor or sponsors. B. The executive director of HDAshall find, in cennectien with the financing of the new construction or substantial rehabilitation of any proposed multi- f2ml]y residential housing development, that the governing body of the locality in which such housing development is to be located has not, within sixty days after written notificatien of the proposed financing has been sent the governing body by HDA, certified to HDA in writing its disapproval of the propose~ multi-family residential housing development. Such certification of disap- proval shall only be issued upon a ~ndi.~ by the local governing body that the new construction or substantial rehabilitation of the proposed multi-family residential development (i) is not consistont with current zoning or other applicable land use regulations, or (ii) is not consistont with the local Comprehensive Housing Affordabllity Stratogy. If the governing body of the locality has certified its disapproval to HDA, the governing body may revoke such certification of disapproval at any time by writton notice to HDA, end upon receipt of such written notice, the executive director of HDA shall, for the purpg._se o~f making the finding required by this subsection, disregard such certification of disapproval. Furthermore, no finding need be made under this subsection if HDA shall have received from the governing body its certified resolution approving the proposed housing development. (1972, c. 830; 1975, c. 536; 1978, c. 297; 1982, c. 175; 1990, c. 461; 1995, c. 215.) CERTIFICATION OF APPROVAL In accordance with Virginia Code Section 36-55~39.B, the City/Town Council/Board of Supervisors of , Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called , as expressed in its resolution , 19 , a certified copy of which is duly adopted on attached hereto. City/Town Council/Board of Supervisors of , Virginma By: Its Mayor/Chairman CERTIFICATION OF DISAPPROVAL In accordance with Virginia Code Section 36-55.39.B, the City/Town Council/Board of Supervisors of Virginia, hereby certifies to the Virginia Housing Development Authority its disapproval of the proposed multi-family residential housing development called · as expressed in its resolution duly adopted on , 19 , a certified copy of which is attached hereto. City/Town Council/Board of Supervisors of , Virg~nza By: Its Mayor/Chairman COPY COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-58Zk3 FAX I8041 296-5800 May 7, 1996 Charles S. Manta Walter F. Perkins White Hall Sally H. Thomas Mr. Mark Wolf, President Wolf Property Corporation 5663 Wyant Road Charlottesville, Virginia 22903-9343 Re: Linnwood VHI)A Dev. #96-0840-I-IF Dear Mr. Wolf.' Attached you will find a copy of the documents adopted by the Board of Supervisors on May 1, 1996, relating to the above mentioned item. The originals have been forwarded to VHA. IfI may be of further assistance, please call me at 296-5843 Sincerely, EWC:len Attachments (2) Printed on recycled paper March 5, 1996 WOLF PROPERTY CORPORATION 5663 WYANT ROAD CHARLO'rrt~SVILLE, VIRGI!N-LA 22903-9343 TEL. (804) 823-1998 The Honorable Charlotte Y. Humphris Chairman, Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, Virginia 22901-4596 Dear Chaxrman Humphris: Re: Linnwood ~HDA Dev. $96-0840-HF This letter is intended as a follow-up to a letter to you of February 28, 1996 from Mr. R.C. Moore of the Virginxa Housing Development Agency, Although Mr. Moore's letter describes 'Linnwood' as a proposed development, it is actually an existing development of 16 houses built in 1973. In the Fall of last year we entered a competitive mortgage loan program sponsored by the VHDA and were lucky enough to obtain a mortgage loan which will provide a substantial amount of money to renovate this property and permit us to operate it as moderate cost housing. We would ask the County of Albemarle to provide a Certificate of Approval to the VHDA so that we can proceed with the renovation of this property. Thank you for your help. Sincerely, President cc: Mr. Robert W. Tucker, Jr. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ...... ~,~D OF AGENDA TITLE: Rest Room Access at School Athletic Fields SUBJECT/PROPOSAL/REOUEST: Information regarding how rest room access can be provided to participants/n youth sport programs at County school fields. STAFF CONTACT(S): Messrs. Tucker, Huff. Muilaney AGENDA DATE: May 1 1996 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: IFfFORNIATION: INFORMATION: BACKGROUND: At the April 3, 1996 Board meeting, Mr. Martin voiced a concern over the lack of outdoor rest room access for youth sport participants and parents at the Hollymead\Sutherland site. Mr. Mullaney responded that rest room access was a problem at nearly all of the school fields that are being used for the various youth leagues. After a short discussion of various alternatives, the Board dkected Mr. Mullaney to look into now rest room access could be provided at school fields. DISCUSSION: The Parks and Recreation Department has contacted all of the schools regarding thb issue. Currently outdoor rest room access is provided only at the Albemarle High School and Burley baseball fields. The discussions with school principals revolved around whether it would be better to provide access to indoor faciFrties and gate offthe rest of the school, or to provide portable toilets. All of the principals cited concerns about security, vandalism_ and clean up of indoor rest rooms_ whether or not they were gated off from the rest of the school. Also there were concerns about how the new school alarm systems would complicate access to indoor rest rooms. [nail, 15 principals were contacted and all preferred portable tollets m providing indoor access Tbeprnuaryconcernmentionedanout portable toilets was their appearance. Portable toilets are expensive. An accessible unit serviced once per week would cost $95 per month. Currently there are 17 sites that are being used regularly for practice or games. Providing these units would cost $1615 per month. The youth sport seasons cover about 9 months per year for an annual cost of $14,535. A few sites may require additional units and servicing more than once per week. Units would need to be checked between servicing by either school or park personnel. The Parks and Recreation Depar~nent also contacted the Soccer Organization for Charlottesville and Albemarle (SOCA), the largest field user. The SOCA administrator agrees with the need for rest room access and would be willing to build that cost into the regrstrafion fee in future seasons It is interesting to note that SOCA would prefer portable toilets to indoor access_ due to the potenfial for problems that could create friction between the schools and SOCA. RECOMMENDATION: The short term solution is to begin provid~g portable tdilets at the sites in the fall season. The cost of the toilets, as much as possible. should be passed on to the youth athletic orgaClzations using the fields, perhaps as a requirement of the field use approval process, Yne Parks and Recreation Department's role should be to reach agreement with the individual principals on the location of the un~ts and provide an acceptable method of screening. Details of the responsibility for checking on units between servicing will need to be worked out. h should be a long term goal of the Parks and Recreation Department to work towards constructing year round outdoor rest room facilities at County school sites in order to maxirdize the use of the sites as Community and District Parks. Such improvements should be requested in the Capital improvements Budget and exanfmed agimst other County funding priorities Major multi-use game and practice sites such as HotlymeadkSutherland. Henley\Brownsville, and JouettkGreer, should receive higher priority for fumYmg than lessor used game or practice sites. If the Board concurs with this approach, through action of your consent agenda, staff wiil begin implementation of this strategy. 96.072 COUNTY OF ALBEMARLE EXECUTIVESU M MARY AGENDA TITLE: Welfare Referm'lnfermation and Resolution SUBJECT/PROPOSAL/REQUEST: Request approval of Resolution to direct the Thomas Jefferson Planning District Commission (TJPDC) to apply for and manage state welfare reform planning. S~AFFCONTACT(~: AGENDA DATE: May 1, 1996 ,ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes Mr. Tucker, Ms. White , / BACKGROUND: Attached is a memorandum from Ms. Nancy K. O'Bden, Director of the Thomas Jefferson Planning District Commission, outlining recent efforts of a planning group for welfare reform composed of local Department of Social Services Directors in Planning District 10 plus a tocaliy elected official from each jurisdiction. DISCUSSION: State funds in the amount of $50,000 are available to the economic development districts across the state to plan fer welfare reform. Since the Thomas Jefferson Planning District Commission includes the same jurisdictions, they are eligible to apply for these funds. The planning group nas recommended that TJPDC manage these funds as fiscal agent for the six jurisdictions. The attached resolution gives approval to TJPDC to apply for and manage the state plann'mg funds. RECOMMENDATION: Staff recommends approval of the attached resolution. 96.084 e COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX I804~ 296-5800 May 6, 1996 Charles S. Martin W~lter F. Perkins Sally H. Thomas Ms. NancyO'Bfie~ ExeeutiveDirector Thomas JeffersonPlanningDistfict Commission P. O. Box 1505 Charlo~esville, VA22902-1505 Dear Ms. O'Brien: Attached is the resolution adopted,by the Board of Supervisors on May 1, 1996, authorizing the T/PDC to apply for and manage state planning funds for welfare reform. IfI can be of further assistance, please call me at 296-5843. Sincerely, ~aW. Carey, CMC,~CI rk Board of County Super~sors EWC:len Attachment Printed on recycled paper RESOLUTION WHEREAS, the localities in the Thomas Jefferson Planning District are preparing for community welfare reform; and WHEREAS, the regional nature of employment and.the economy is important to the success of reform in the area; and WHEREAS, the City of Charlottesville and the counties of Albemarle, Greene, Fluvanna, Nelson and Louisa are committed to working together to develop a successful strategy for welfare reform in their localities and throughout the region; and WHEREAS, the area is aware of the possib'flity of planning funds from the State Department of Soc'ml Services. NOW, THEREFORE, BE IT RESOLVED that the aforementioned localities agree to work together in planning for welfare reform; and BE IT FURTHER RESOLVED that the aforementioned localities designate the Thomas Jefferson Planning District as the coordinator and fiscal agent for the planning; and FURTHER RESOLVED that the aforementioned localities direct the Commission staff to apply for and manage the state planning funds. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on May 1, 1996. MlgMO City of Charlottesville Me~edlt~ M. ~marle County W~I~ F. P¢~ Dom~ ~. Weaver Greene County T~ C. Powe~ Ne]mn County Samuel C. De~m, Jr. Nancy K. O'Bfien. Executive D~tor TO: Mayor, Board of Supervisors Chairs, County Administrators, City Manager FROM: Nancy I42 O'Brien, Executive Director AD RE: Welfare Reform ~,,~ DATE: April 19, 1996 We have been working with a steering committee of local elected officials and Directors of Social Services to develop a regional approach to planning for welfare reform. Welfare Reform will take place on July 1, 1997 in this region~ We agreed to work together to plan for the reform activities now. We have also become aware of the available of state funds for planning oh a regional level (not available locally) and would like to apply for those funds. The attached resolution states the locality's intention to work as a region, to apply for the funds, and names the planning district as the fiscal agent. At the last meeting of the Steering Committee, there was agreemem to work regionally on Job Development, Work Readiness, and Community Education. Perhaps in the future the region might contract some implementation activities out as other areas are doing. Lynchburg, in particular, has an interesting contract to place workers, where the DSS places those ready and the contractor places those needing additional help. Local tasks are internal reorganization, identification of participants, and sharing information about local initiatives. Weagreed it was very important to centralized the work with the business community so they were not receiving requests from assorted people. We need to look organized for this. A business group is planned and a small lunch will be held to initiate business participation. That is to be followed by a co;mnunity wide business event in June and a large commumty forum in September. The current work program is attached as is a list of the steering committee. It is planned to expand the Steering Committee to include some business persons as well. If you have any questions, please call me. I will be happy to artend the appropriate Board of Council meeting if that is necessaq¢. enc First Two Quarters Work Schedule Apr/l/May: Resolutions for State funds Apply for State Planning Funds Initial lunch Ask two or three key business leaders to sponsor lunch Invite CEOs Jlnle Hire Staffperson to coordinate work, do research Hold Key Leaders Lunch Educate them about Welfare Reform Ask help by assigned Human Resources person to working group Ask for suggestions for year's agenda Agree to co-sponsor Fall Reform Community Meeting Assign meeting corm~ittee (from their staffs, gov. staff, etc.) July Working Group meets Maps out job development strategy Outline job readiness needs Use report frmn NOVA re: marketing reform Au~ffust September Round table RESOLUTION WHEREAS, the localities in the Thomas Jefferson Planning District are preparing for commumty welfare reform, and WHEREAS, the regional nature of employment and the economy is fl*nportant to the success of reform in the area, and WHEREAS, the City of Charlottesville and the Counties of Albemarle, Greene, Fluvanna, Nelson, and Louisa are corcamtted to working together to develop a successful strategy for welfare reform in their localities and throughout the region, and WHEREAS the area is aware of the possibility of planning funds from the State Depamnent of Social Services, NOW THEREFORE BE IT RESOLVED that the aforementioned localities agree to work together in planning for Welfare Reform, and BE IT FURTHER RESOLVED that the aforementioned localities designate the Thomas Jefferson Planning District as the coordinator and fiscal agent for the planning, and BE IT FURTHER RESOLVED that the aforementioned }ocalities direct the Commission staff to apply for and manage the state planning funds. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Disaster Declaration for AlbemaHe County Vineyards SUBJECT/PROPOSAL/REQUEST: Request for authorization for Chairman to sign letter requesting disaster designation for Albemarle County vineyards. STAFF CONTACT(S): Messrs. Tucker, Huff AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ITEM NUMBEI~: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: ~ / BACKGROUND: Virginia Cooperative Extension Service has alerted the County that 50%to 90% of the grape crop for the current year has been lost to the extreme Iow temperatures encountered during the recent winter (please see attached letter). Mr. Chades W. Goodman, Extension Agent, Agriculture estimates that this w~ll result in a $20,000 to $60,000 loss this year for most of the vineyards in the County. DISCUSSION: Governor Allen will be ~ing fora Declaration of Disaster in V~rginia vineyards on May 5, 1996 and would like to have the support of Boards of Supervisors in counties with vineyards which have suffered losses. The attached letter expresses the Albemarle County Board of Supervisors' support for including Albemarle County in such a disaster designation. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to sign the attached letter. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4696 (804) 296-5843 FAX (804) 296-5800 May 1, 1996 Charles S. Martin Waiter F. Per klrm Sally H. Thomas The Honorable George E. Allen Office of the Governor P. O. Box 1475 Richmond, Virginia 23212 Dear Governor Allen: On behalf of the Albemarle County Board of Supervisors, I would like to applaud your efforts in filing for a Declaration of Disaster in Virginia Vineyards in recognition of the extreme loss growers have suffered as a result of our most recent severe winter. The Board of Supervisors requests that vineyards in Albemarle County also be included in your request for a Declaration of Disaster in Virginia Vineyards, knowing that growers in our county are predicting that they have lost bom 50% to 90% of their crop for this year alone, not including vines that have been killed and, thereby, affecting fruit crop for the next several years. I appreciate your willingness to include Albemarle County in such a declaration and if I may provide any additional information, please do not hesitate to contact me. Sincerely, Charlotte Y. Humphris Chairman CYH/dbm 96.014 CC.' Mr. Charles W. Goodman Extension Agent Printed on rec.vcled paper [' [ _Vjrmma Cooogrative 40] McL~ttre Road Chaflot~svillc, VA 229ff2 t~'~ co~ ~ ~ty ~ ~&~ w~ch ~ml~ hav~ pr~uccd ~it ~iS ye~. but al~ ~]1~ vin~ that would pro~ ~uit f~ ~c next scver~ v~s. ~wor~ p~dict t~.y he. va Io~ ~m fifty to OoYerllof Allen ~.q be got~g to Wa~on D.C. on May 5, 1~6 t~ lik. for a D~l~liim of c~mnf~ ~ vhey~s, wMch ha~ su~ I~s, ~1 b~]t' of~c Al~marle County Vinoy~ owners aM w~a~rs, 1 ~k yov to i~u~m ale G~e~r of ot~r ~it~at~o~ ~d ~ ~ AI~Ie V~y~ ~ ~1~ a ~ for i~. ff you have uue~on,~, pitusa caJJ me at 589-$I22 and I will b~ glad r<, answer any quc~tion~ you may ~av~, L.h:trlea , Goodma~ Extension Ag~w, Agri<mltu~: COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Community Criminal Justice Board Planner SUBJECT/PROPOSAL/REQUEST: Request Board approval for $3,750 for the County's local match for a criminal justice planner for the Community Criminal Justice Board [CCJB) STAFF CONTACT{S): Mr. Tucker, Ms. White AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: X. ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: yes (1) ~ BACKGROUND: The Jefferson Area Community Criminal Jus~ce Board (CCJB) that serves the eight jurisdictions of the 16th Judicial District plus Nelson County was approved by the Board of Supervisors in March, 1995 to begin planning and coordinating criminal justice issues and programs for the region. Although the CCJB had requested a planner position in their original grant request to the State, the position was not inrdaliy funded. When federal funding became available thmugh the State Department of Criminal Justice Services, the local CCJB again submitted and this time was funded for a criminal jus§ce planner. The planner pos'iton will begin July 1, 1996 and will be supervised by the Albemarle County Commonwealth's Attorney. DISCUSSION: To receive the total $59,000 grant award, the CCJB must match it with 25% or $14,750. To date, $6.000 has been commi~ed by the localities of Fluvanna, Greene, Louisa, Madison and Orange, $1,000 from Goochland, and $500 from Nelson. They are requesting the rema'mder of $7,500 from the City of Charlottesville and Albemarle County. The attached request from the CCJB summarizes the need for the position, the matching funds required and the funding breakdown by locality. RECOMMENDATION: Staff recommends approval of the tocal match in the amount of $3,750 for the criminal justice planner. If the Board approves, the additional $3,750 can be deducted from the Board's 1996/1997 reserve fund and added to the FY t996/1997 Appropriation Ordinance to be approved in June. Approval at this time will allow the CCJB to proceed with hiring plans. 96.080 CRIMINAL JUSTICE PLANNER REQUEST The Jefferson Area Community Criminal Justice Board (CCJB) submitted a grant request for a criminal justice planner for the nine jurisdictions participating in the Jefferson Area. The planner will be responsible for assisting the CCJB with biennial planning, development of policies and procedures for community corrections and other community based programs, evaluation and needs assessments to formulate program priorities for the CCJB, assistance with grants to improve local criminal justice efforts, and develop and maintain evaluation and monitoring of the different community corrections components. The CCJB is required to submit a biennial plan as part of the funding available to this area for community based corrections, pretrial services and public inebriate diversion. The Planner will play a key role in this planning with the input from all localities participating. FUNDING: The total grant award equals $59,000. The funding is Federal but awarded through the Department of Criminal Justice Services. The grant funds become available on July 1, 1996 and end June 30, 1997. The grant must be renewed on an annual basis but is available for four years. Since this is federal funding there is a required match of 25%. The CCJB voted to request the matching funds from the nine localities. MATCHING FUNDS: Our request of the City of Charlottesville and the County of Albemarle is to equally support this project. The localities of Fluvanna, Greene, Louisa, Madison and Orange have already committed $6,000 through the Central Virginia Regional Jail Board. Goochland is being asked to provide $1,000 and Nelson is being asked to contribute $500_ These amounts were determined by looking m the arrest data and the jail commitment data in the nine localities. The request was then based onthe numbers from each locality. Charlottesville and Albemarle have the highest arrest and jail commitments. The CCJB voted to request $3,500 from the Albemarle/Charlottesville Regional Jail and $2,000 each from Charlottesville and Albemarle for a total of $7,500 from the two jurisdictions. The Regional Jail Authority met on April 11 and decided, with input from the representatives from the two jurisdictions, to make the full request of $7,500 equally divided between the City and County. Therefore, our request is for $3,750 from the City of Charlottesville and the County of Albemarle. JUSTIFICATION: The nine jurisdictions must begin to participate in regional planning for criminal justice issues. A Criminal Justice Planner will coordinate those efforts and assist the localities and the CCJB. A coordinated approach to the many issues facing communities such as centralized booking, centralized records, drug court planning, juvenile justice planning, analysis of crime data, and evaluation of the system are essential for the continued improvement of the criminal justice system. DATE A(]~DA l'rl~I 1~. A(~DA ITfM lq~l~E ~ IMrlL Form. 3 7125/86 COUNTY OF EXECUTIVE SUMMARY AGENDA TITLE: Revision to the Drug and Alcohol Policy SUBJECT/PROPOSAL/REQUEST: Adopt the proposed revision to the County's Drug and Alcohol Policy (P-06) STAFF CONTAC'F{S): R. Tucker, R. Huff, R. Brandenburger AGENDA DATE: May 1, 1996 ACTION: ITEM NUMBER~ INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes(l) REVIEWED BY: ,~/ ~ BACKGROUND: The passage of the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act) requires employers with less than 50 personnel engaged in driving commerical vehicles to implement a d~ug and atcohol testing program. Employers with more than 50 personnel, such as t.he school division, implemented this act on January 1, 1995. The Coun~ has had a drug and alcohol policy in support of the Drug Free Workplace Act of 1988 that is still applicable to all employees and stipulates testing requirements for certain 'safety-related' personnel. TI~ new legislation expands the coverage and testing requirements for specific personnel. The Omnibus Act applies to drivers required to have a commerical drivers ~cense (CDL) and wire operate vehicles in excess of 26.000 pounds gross vehicle weight or vehicles designed to carry 16 or more passengers (including the driver), or vehicles of any size, which are engaged in the transportation of hazardous materials. Some personnel in the Parks and Recreation and Engineenng departments will be affected by the more expansive requirements of the Omnibus Act. The Act requires pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing and also specifies extensive regulations for the implementation of the Act whicl- are reflected in the attached policy revision DISCUSSION: The proposed revision implements the provisions of both the Drug Free Workplace Act and the Omnibus Act into one policy. While personnel covered by the Omnibus Act (i,e., people with CDLs) will be subject to all the testing scenarios noted above, other personnel in safety-related positions will be subject to only the pre-employment and reasonable suspicion testing, and lasby, personnel who are not in either a CDL position or a 'safety-related' position will only be subject to reasonable suspicion testing. RECOMMENDATION: Staff recommends the Board adopt the proposed revision to policy P-06. DRUGPOL.EXS 96.079 COUNTY OF ALBEMA-RLE PERSONNEL POLICY ~P-06 ~P-06 Alcohol/Dru~ Free Workolace Albemarle County has a vital interest mn maintainmng a safe, healthful, and productive envmro~uent for its employees. The use of alcohol or illegal drugs, or unlawful use of prescrmption drugs undermines the quality of job performance, endangers co-workers and brings discredit to the County. The County will not tolerate the possession or use Df illegal drugs, alcohol, or the umlawful use of prescription drugs by mrs employees in any job-related context and is committed to the eradication of such subssances from the workplace. This policy is not intended ~o prevent employees from participating mn social functions outside of County facilities where alcohol may be served. The improper use of alcohol or the use of illegal drugs, or the unauthorized use of prescrlptmon drugs undermines the quality of job performance, endangers co-workers and brings discredit uo the County. For purposes of ~his regulation, "illegal drugs" shall mean any controlled substance, or imitation controlled substance, whose unauthorized manufacture, distribution, dispensing, possession, consumptmon, use, or sale ms prohibited by federal ~r staEe law. "Unauthorized use ~f prescrlpEmon drugs' means use of a drug by anyone other than the person for whom the drug was prescribed, or in any manner that is prohibited by federal or state laws. Any County employee determined ~o have violated this policy will be sub3ect to disciplinary action up to and including dismissal. Ail County employees shall be responsible for reporting any evidence of the use of drugs or alcohol by staff to their departmenE head. All such reports shall be thoroughly investigated and reported to the County Executmve or designee and appropriate action will be taken as necessary. The Board w~ll not tolerate any violation of the law and, mn accordance with the law, will fully support any employee who, mn good faith and with probable cause aces t¢ repot5 the activities of other employees as they relate ~o the use of alcohol or drugs on County proper5y. In order so comply with federal laws; a~ Under the Drug Free Workplace Act of 1988, the County requires that an employee notify the employer of any criminal drug statute conviction for a violation occurrzng in the workplace no later than five days after such conviction. Failure to notify the County of drug related convzctions ms grounds for dismissal The County must notify any federal contracting agency within 10 days of having received notice that an employee engaged mn the performance of such contract has had any criminal drug s~a5ute conviction for a violation occurring zn the workplace. The County will impose a sanction on any employee who is so convicted. b~ Under the U.S. Department of Transportation final rules implementing the Omnibus Transportation Employee Testing Act Df 1991, Albemarle CounEy ms required ~o establish a program mo conduct pre-emplo!rment/pre-duty, reasonable suspicion, random and post-accident alcohol and controlled substances testing of each applicant for employmenm or employee who is required [o obtain a commercial drivers' license (CDL). The effective date of this program is January 1, 1996. Amended: AugusE 4, 1993 PERSONNEL ~P-06 Duties, Resoonsibilities, and Riohts of Emolovees I. PURPOSE To provide guidelines for establishment of an alcohol- and drug-free workplace and ~o see out the County's drug and alcohol testing program. Il. APPLICABILITY This regulation applies to all employees. Federal law provides standards for creaumng a workplace free of illegal drugs with the passage of the Drug Free Workplace Act of 1988. In addition~ required standardized ~esus have been established by the governmenm with the passage of the Oranibus Transportation Employee Testing Act of 1991 Omnibus Act~ for employees who are drivers of commercial monor vehicles. The County has exceeded these minimum requlremenus Eo establish and maintain a drug-free workplace for all employees. III. DEFINITIONS Commercial Motor Vehicle (CMV). A mo5or vehicle or combination of moEor vehicles used in commerce mo uransporE passengers or properEy if the mouor vehicle (1 has a gross combination weight rating of 26,001 or more pounds inclusive of a bowed unit with a gross vehicle weight rating of more than 10,000 pounds; or (2) has a gross vehicle weight raEmng of 26,001 or more pounds; (3) zs designed Eo Eransport 16 or more passengers, including the driver; or (4) is of any size and ms used in the transportation of hazardous materials requiring placards, This includes all qualifying vehicles in all deparumenEs. C©Dfi~$at%on Tes$. A second alcohol mess, following a screening mesm sc detect alcohol mn an individual's sysuem, that provides quantitative data of alcohol concentration. For controlled substances confirmation meshing means a second analytical procedure Eo identify the presence of a specific drug or metabolite. Confirmatory drug testing is independent of hhe screen ~ess and uses a different technique and chemical prmnclple from that of the screen muse in order Eo ensure reliability and accuracy. Driver (CMV/CDL). Any person who operames a commercial momor vehicle (CMV) requiring a commercial drivers license (CDL) or ms im a position which requires a CDL as an eligibility criteria because they must drmve or be on call and ready ~o drive if necessary. This includes full time, pare Emme, and Eemporary personnel. In every position requiring a CDL, the employee is either ~riving or in a sEaEe of readiness on call if required to drive. Drivers are subjecE Eo drug and alcohol mesElng under both federal law and Albemarle County policy. For purposes of pre-emplo!zment/pre-duty messing only, the merm "driver" includes a person applying 5o Albemarle County mc drive a commercial moEor vehicle. Medical Review Officer eMRO). A licensed physician responsible for receivmng laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropr~ane medical training mo ~n~erpre~ and evaluate an individual's confirmed positive test result mogether with his or her m~dical history and any other relevant biomedical information. PERSONNEL ~P-06 Omnibus Transportation Emnlovees Testine Act of 1991. The federal law that recfuires drug and alcohol casting of drivers ma various industries. By the authority cf this Act, the Office of the Secretary of Transportation, U.S. Department of Tra~sportatmon (DOT on February 15, 1994, has published rules requiring employers so test each applicant for emplo!mment or employee who is required so obtain a CDL for the illegal use of alcohol and controlled substances. For the Albemarle County General Government, compliance with the law commences January 1, 1996. Safety-Sensitive Function. An employee is performing a safety-sensitsve function whenever he/she is engaged in driving a commercial motor vehicle iCDL required) or working mn any employmen5 capaclny which could affect the safe operation of the vehicle and the safety and welfare of others. This includes any period in which the employee is actually performing, ready no perform, or immediately available no perform any safety-sensitive functions. Screenin~ Test. Also known as an initial ness. In alcohol testing, an analytical procedure so determine whether an individual has a prohibited concentration of alcohol in his or her sysnem. In controlled substances testing, an immunoassay test on urine specimens to eliminate "negative" specImens from further messing. Snlit Samnle TestinG. Division of the urine specimen in controlled substance testing into awn separate containers, the primary specimen used for the screening nest and the split specimen used if the employee requests a second nesc after being informed of a verified positive screening test. IV. GUIDELINES Ail employees are expected to aclhere to the following 9n~idetines as a condition of their employment with the County, and any violation of this regulation, including a first offense, may subject the employee no discipline, up to and including dismissal from employmenn. The manufacture, distribution, dispensing, possession, consumption, use, 5ransportation or sale of illegal drugs au any time and anywhere on County-property, at a County-sponsored function or event, or in any other manner while performing duties or obligaumons incident c¢ County employmenn is strictly prohibited. No employee shall report co work, perform asszgned duties, or otherwise engage mn County bnszness in the co~munmsy, with detectable amounms of alcohol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system Whether the employee has alcohol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system shall be determined mn accordance with medically established standards for detectable azaounus of these substances. The only limited exception to the foregoing pertains to emploLrees who are non on an official on-call roster and who are called mn co work outside their normal duty hours to perform emergency or unscheduled work. No such employee will be disciplined for off-duty consumption of alcohol that results in reporting to duty with alcohol in his or her sysnem so long as the employee first reports that consuzaption of alcohol to the supervisor making the work request prmor to the commencement of any work activity. PERSONNEL §P-06 VI. EMPLOYEE ASSISTANCE Early recognition and nrea5men5 of alcohol and drug abuse are essential Eo successful rehabilitation. The County maintains an employee assismance program known as Employee Assistance Program (EAP) to asszst employees with alcohol and drug abuse problems as well as with Dther personal problems. The EAP will assmst employees with these problems and will also make referrals no appropriate nreanmen5 programs, Employees voluntarily seeking asszptance for a substance abuse problem through the F2~P or a medical source will non be disciplined as a result of their disclosure of prior drug or alcohol use, and nreatmenn by the EAP or another ~ource will be handled mn confidence. An emplDyee may non avoid discipline for violation of this regulation by participanmng in a treatmenE program unless he or she does the following: 1. Volunteers for such nreatment prmor to being confronted by a manager or supervisor with the violation of this regulation. 2. Successfully adheres to requirements of and completes the prescribed 5reatmenm program. Does not thereafter engage in conduct violating this regulation regarding use of alcohol, illegal drugs, and unauthorized prescription drugs. In the case of employees remurnsng no work after successful completion of a nreanment program, the County reserves the right To tesE for drug and/or alcohol use, on a random or periodic basis in accordance with procedures for renurn to duty testing in section VIII.B.2. of this regulation. The County shall establish a drug-free awareness program 5o inform all employees about the dangers of drug abuse in the workplace and that the mamntenance of a drug-free workplace is the County's goal. The awareness program shall identify counseling and rehabilitation programs and shall emphasize the penalties for employees violating this policy and its administranmve procedures. ALCOHOL A. Heportmng for Duty--All Employees No employee shall report foz duty or remain on duty while having detectable amounes of alcohol of 0.02 breath alcohol connenn {bac~ or higher in his or her system. Albemarle County will nest for alcohol using an evidential breath testing device EBT) approved by the National Hmghway Traffic Safety Administration CNHTSA). Any supervmsor who has actual knowledge that an employee has violated this regulation and permmns the employee no work will be in violation of this regulation except in reference ~o sectmon V, paragraph five. B. Testing Procedure Upon ennering ~he tesn location, the employee will be asked nc provide positive identification with photograph (example--driver's license or employer identification badge; no the breath alcohol technician (BAT). The employee and the BAT will complete the Breath Testing Form distributed at the mean smne and follow required testing procedures. Providing zncomplete infozTnation ~except a social securmty nuz~ber', engagmng in conduct that PERSONNEL ~P-06 obstructs tha tasting procass or failing no sign the required cartifications may be regarded as a rafusal to take the alcohol test and may constituta just cause for dismissal from employmenn. At the complation of the screenzng test, the rasults will be show~ no the amployee. If the rasult of the scraaning nesn shows avidance of datactabla alcohol concentratmon, a confirmation test will be parformad within spacifiad time limits. If detactabla amounts of alcohol of 0.02 bac or highar are varifiad mn the confirmation nesn, the amployaa will be mn violation of this regulation. An individual with a varified positiva confirmation nesn may not leava the test site without approval from the attanding physiczan or dasignee. If a screening or confirmation 5esE cannot be completed, or an event occurs that would invalidate the tessr the BAT will conduct a new screening or confirmation test, as applicable, In the event that am employee attampts and fails to provide an adequane azaounE of breath, the employee will be required to submit 5o a blood At the conclusion of testing, copies of the Breath Alcohol Testing form will be retained by the testing location, provided co zhe employee, and uransmitted mn a confidential manner to the Direcuor of Human Resources, or designee. If the test results are positive, the results will be reviewed by the Director of Human Resources who will in turn notify the employing departmenL head/designee 5o determine what action would be approprlame. VII. CONTROLLED SUBSTANCES A. Reporting for Duty--All Employees No employee shall report for duty or remain on duty having used controlled substances except when the use is authorized as prescribed medicine by the attending licensed physzclan who has advised the employee that the substance does not adversely affect the employee's work performance. Any supervisor who has acsual knowledge that an employee has used an illegal drug and permits the employee 5o work will be in violation of this regulation. A finding that am amployea has a positive drug tast rasults whan the initial screen tesn and a confirmation nest provide evidence of one or more of the following substances in the system: cocaine, marijuana, opiatas, amphataminas and phencyclidine. B. Raporting for Duty--Drivars (CMV/CDLj In addition ~o the requirements in Section VII~A drivers of commercial motor vehicles taking over-the-counter or prescribed medications shall be responsible for knowing the effects of such medication They shall not drive or perform other duties under the influence of prescription or over-tha-counter drugs that ~ould impair their ability to perform their duties safely. They shall be responsible for not working when under prescribed or over-the- counmer medication that might impamr their ability ~o perform their duties safely. C. Testing Procedure - All Employees For controlled substances uestlng, employees report ~¢ a specified test location where a urine sample is collected and subjec5 tc the split sample testmng procedure. If the employee is unable to PERSONNEL ~P-06 provide the specified quannmmy of urine, the employee will be instructed Eo drink not more than 24 ounces of fluid and wait up ~o nwo hours to provide another sample. If a complete sample still cannot be provided, the Medical Review Officer (MR0) will refer the employee for a medical evaluation to determine if the inability no provide a specimen is genuine or constitutes a refusal to test and then reporn the findings in writing to the Deparnmenu of Human Resources Strict chain of custody procedures will be followed as the samples are forwarded no the laboratory. If the primary specimen is verified positive~ the MRO will notify the employee who can request that the split specmmen be tested am the employee's expense an a different Department of Health and Human Services certified laboratory. The employee must make the req~es~ within 72 hours of notification by the MRO. If the result of the test of the split specimen fails ro reconfirm the presence of the drug{s or drug metebolite(s) found in the primary specimen, the MRO shall cancel the ormginal mesm results and the cost of the split sample nes~ will be borne by the employer. gpon learning that the MRO is atmempting mo conmact the employee, the employee must respond by calling the MRO within 24 hours of receipt of notification to call or be zn violation of this regulation. If the employee does not contact the FLRO within the 72 hours as required, the employee may presenn information no the MRO documenting a legitimate explanation for the employee's failure conmacs Lhe MRO within the 72 hours. The MRO may determine no honor the employee's recfuesm no nest the split specimen. The MRO's decision to permit further testing is final. Test results shall be confidential and will be reported directly no the employee, the Dmrector of Human Resources, or designee, and upon request, no the U.S. Department of Transportation zn the case of drivers of commercial monor vehicles. If the nesn results are positive, the results will be reviewed by the Director of Human Resonrces who will in turn notify the employing department head designee to determine what action would be appropriane. VIII. TESTS REQUIRED Testing shall be conducted by personnel designated by the County. In general, the County shall pay the cosm of required drug and alcohol testing, including screening and confirmation nesms for alcohol and primary specimen tests for drugs. The County shall not pay if the employee's initial testing indicates the need for further examinations or consultation on a problem other than drug or alcohol use, in which case the employee shall pay the cos~ of the additional tests or examznation. A. For Safety-Related Positions, Including Drivers CMV/CDL~ pursuant no federal law and its own authority, Albemarle County will nesn personnel mn safety-related positions under the following cmrcumstances: PERSONNEL ~P-06 1. Pre-employmenn Pre-Duty Prior ~o the first time a new hire or currenE employee is placed mnno a safeny-related position, (including placement by way of lateral transfer or promonion into a safety-related position for a currenE employee), the person shall be tested for alcohol and controlled substances and must be found 5o be mn compliance with sections VI. and VII, as well as other applicable requirements of this policy. Applmcants offered positions requiring CDLs, as a condition of emplo!mment, gmve written consenm mo permit Albemarle County mo connacm all previous employers over the pasm two years 5o confirm that the applicant's work hismory was free of substance abuse, alcohol abuse, and positive drug or alcohol mesr results In addition, applicants offered positions shall, as a condition of employmenm, provide written consenm for post-accident testmng and release of mesm(s) results mo the County. 2 Post Accident-For Drmvers (CMV/CDL) While on duty, s driver of s commercial motor vehicle who is involved mn an accident muse be tested for alcohol and controlled substances as soon as practicable following an accmdent and found mo be in compliance with secnmons VI. and VII. of this regulation. Post accident testmng will be required if (a) there ms a fatality, and/or (b) one or more persons requires medical mreatmenn away from the accident scene, and/or (c) one of the vehicles must be towed from the scene, and/or (d the driver receives a cmtatmon armslng from the accident. Every reasonable effort will be made mo administer alcohol mesns within two (2) hours of the accident. If a test has non been performed wmthin eight 8) hours following the accident, efforts to mesr will stop, Controlled substance testing will stop if not performed within 32 hours following tke accident. Supervmsors are responsibl% to provide and forward written documentation to the Department of Human Resources any time alcohol testmng is not performed within two hours end drug testing ms non performed within 32 hours. Written documentation should include the amount of time taken between the accident 5nd testing and the reason for the ~elay. A driver who is subject to post accident testing shall remain readily available at the accident scene for testing following the accident until he/she undergoes testing or he, she will be deemed no have refused to submit mo testing. The only exception no this requirement applies when the driver leaves temporarily to obtain assistance in responding mo the accident, to obtain necessary medical care or is detained by law enforcement personnel. Without supervmsor approval, an employee may not ingest food or drink during the period prior mo tesmmng. Testing conducted by federal, snare, or local officials an the scene of the accident having independent anthormny Lo conduct tests for alcohol controlled substances shall meet the requmremenm for post accident testing. Employees will be required to consenm mo testing by such officials, and ~o release the results of such EeSES t¢ the County. 3. Random Alcohol and controlled substance mests will be conducted periodically an an unannounced basis throughout the calendar year. Employees will be randomly identified usmng a scientifically validated method and notified mo report for testing during the work year. Under this selection process, each driver shall have an equal chance of being tested each time selections are made. Employees identified to be tested will report directly and immediately to the test site when notified by their PERSONNEL ~P-06 supervisor. Otherwise, refusal 5o, or delay in, reporting irmmediately and directly to the nesn site will be considered a refusal to test and grounds for dismissal. If a driver is off work due to illness, vacations, leave of absence, layoff, mn3ury, or for any other reason. for more than 30 calendar days, his or her name will be removed from the random pool, and prior no returning mo driving the pre-duty testmng provision of this regulation shall apply, For random alcohol testzng, the minimum annual percentage rate shall be 25 percen5 of all the commercial mouor vehicle drivers. This percent may increase or decrease in any given year depending on the violation raue as determined annually for each industry by the Federal Highway Administration ~FHWA) zn accordance with DOT guidelines. Privers will only be uesued for alcohol 3nst before, during, or just after performing safety-sensitive duties. For random drug testing, the minmmum annual percentage rate shall be 50 percent of all the commercial motor vehicle drivers. This tame for consrolled substances may change annually similar to the alcohol adjusaments. Drivers will be tested for controlled substances within 32 hours of random selection. B. For Ail Employe~s Albemarle County will also nest all employees mn the following situstmons pursuant to its oM authority and, with respect to drivers the drug and alcohol testing regulations issued by DOT and the FHWA. 1. Reasonable Suspmcion Upon reasonable suspicion of a violation of this regulation, the employee may be tested for alcohol or drugs. Reasonable suspmcion may be based upon, but not limited co, the following: specific observation of actual use or possession of alcohol or illegal drugs; physical symptoms of having used those substancs~ such as uncommon speech or body odors; observation of abnormal conduct or erratic behavior; or the receipt of information when the nature the information suggesns that the source was reliable and credible. A supervmsor trained to recognzze signs of alcohol or drug use, shall make the necessary observations and review information provided regarding the reasonable susplcmon that the employee may be in violation of this regulation. If any authorized supervmsor or authorized representative from the Department of Human Resources determines that reasonable suspicion exists, Ehe employee shall be directed 5o submit to tesn~ng and be transported to the test site by the supervzsor or his or her designee. Withoun supervisor approval an employee will not lngesn food or drink during the period prmor 5o testing. An employee directed to submit to alcohol or drug testing shall be informed of the reason(s) fo~ the nest and the fact that refusal to provide the specimen constitutes failure ~o obey a ~irect order and ms grounds for dismissal. The supervisor and/or personnel representative shall document the information communicated to the employee and the evidence which constituted reasonable susp~clon within 24 hours of the observed behavior or report of the incident or before Ehe results of the tesE are released, whichever is earlier. At the employee's request, a copy of such documentation will be provided to the employee by the Department of Human Resources. All testing at a designated medical facility will be PERSONNEL ~P-06 IX. administered by an official mn accordance with established medical standards. For example, drug testing will be performed using chain of custody procedures along with confirmation testing and other safeguards. The alcohol test shall non be performed more than emght (8) hours ~fter the determination of reasonable suspicion. Whenever an alcohol ues5 is non administered within the firsE two (2) hours upon determination of reasonable suspicion, a record will be maintained which documents the reason(s) for the delay and how long the delay lasted. 2 Return mo Duty and Follow-Up Testing A former driver ~CMV/CDL~, and other CDL designated personnel, dismissed for violations of these regulations, who satisfactorily completes a rehabilitation program prescribed, monitored, and certified by a substance abuse professional may reapply for emplo!rmen5 and receive fair consideration for all positions applied for except those recluzring a CPL. If selected, the employee will be subjecu to a minimum of szx random unannounced follow-up alcohol and or controlled substances tests at CouDty expense during the first twelve months after employment. In the evenn Albemarle County allows any other employee tc renurn to duty after engagmng in conduct which violates this regulation, he or she will be senn ~o the EAP, as a condition of employment, and may be required to be evaluated by a substance abuse professional who shall determine the employee needs mn resolving problems associated with alcohol misuse and or controlled substance use. Evaluation criteria used no determine if ~he employee may return no duty shall [nclude but not be limited level oi performance, years of service, prevmous conduct violations, possession of unique skills, knowledge and training, recommendation of a certified substance abuse professional, if available, and the safety-sensitive nature of the position. Referral 5o the substance abuse professional will be made through the Employee Assmstance Program (EAP). All follow-up uesning wilI comply with procedures as sen forth in this regulation. REMOVAL FROK DUTY Employees will be removed from duty and placed on administrative leave with pay pending a final decision for disciplinary action. Employees will be advised of their violation, have an opportunity ~o respond ~o the charges againsm them, and be notified mn writing of the smanus of their employment. The following circamstances, while non necessarily inclusive, require placing the employee on administrative leave pending a final decision on the s~anus of employmenm: b) c) d) refusal to be tested confirmation of a positive sesn result after an accident requirmng testing when reasonable cause has been established when the behavior, speech, and performance indicators of alcohol/drug misuse are mmpossible ~o confirm reasonable suspmcion with a ~esn PERSONNEL ~P-05 DISCIPLINARY ACTIONS Drivers of commercial moeor vehicles (CDL required) and other CDL designated personnel, whc engage in any of the following conduct will be uerminated in accordance with due process: violate any of the foregozng rules regarding manufacturing, distributing, dispensing, possessing, consuming, using, or selling drugs or alcohol; have drugs or alcohol mn their sysuems zn violation of this policy/regulation; refuse uo submit co or cooperaEe with drug and or alcohol testing which includes, but is nos limited so: a) ~amperlng with or aEeempulng uo adulterate the specimen or collection procedure; b) not reporting directly and immediately to the collection smte; c; hOE accurately s~gning in and reporting the arrival and departure times at the uesu sz5e: and d) leaving the scene of an accident without a valid reason before the sesus have been concluded; fail uo report their consumption of over the counuer or prescribed medication that could mmpaiz their abiliuy to perform their duties safely; or 5. fail no reporn any drug oz alcohol convmction or ~harge as required by this regulation. In addition, other employees may be subjecE c¢ discipline, up to and including discharge, even for a first offense, if ~hey: violate any Df the foregoing rules regarding manufacturing, distributing, dispensing, possesszng, consuming, usmng, or selling drugs or alcohol; have drugs Dr alcohol in their systems zn violation of this policy/regulation; or refuse to submit to or cooperate with drug and/or alcohol testing which includes~ but is nou limited to: a uampermng with or amuempumng to adulterate the specimen or collection procedure; and b) not reporting directly and immediately to the collection site. This re_c~lation shall be administered consistently with the County's obligatmons under federal, suaue, and local laws regulations. Recommendations for disciplinary actzoms, including dismissal for violation of this regulation, will be conslscenu with standard operating procedures to ensure that ~ue process is observed throughout ~11 proceedings. Disciplinary acumons affecting employmenu stauus shall be reviewed by the County Executive's Office, Director of Human Resources, or designee, before a final decision with respecu uo continued emplo!zmenu suauus or disciplinary aculons is reached. An employee who is charged with a drug-related felony or convicted of any criminal offense shall notify his or her iramediate supervmsor who shal~ report the information ~o the Director of Human Resources within five days of the charge or arresE or prior uo reportzng for PERSONNEL ~P-06 XI. duty, whichever is earlier. This requirement shall not apply no an alcohol-related offense for employees except for co~ercial momor vehicle drivers, and other drivers required mo maintain a CDL, and employees whose posiElon responsibilities include the operation of a County vehicle: 1. Employees W~o Drive as Primary Occupation If a County employee is charged with or convicted of a motor vehicle offense involving alcohol, illegal drugs or the misuse of legal drugs whether in or outside of the workplace and their position in the County requires driving as ~ primary responsibility, they will be dismissed from their employmenE in accordance with due process. Upon being charged by legal authorities, the employee will be suspended withouE pay until the case is resolved. ~f the employee is convicted, the employee will be dismissed effective the date he or she was originally suspended. If not convicted, the employee will be reinstated with full pay retroactive ~o the date of suspension. 2. Other County Employees County employees whose primary occupation does not involve driving and who are convicted of a motor vehicle violation involving alcohol, illegal drugs or the misuse of legal drugs will be suspended from driving a County Vehicle for one year from the date Df conviction. Eraployees convicted of such offenses muse notify their immediate supervisor of the cDnvictlon and will be referred to the Employee Assistance Prc~ram for counseling. RECORD RETENTION AND CONFIDENTIALITY Ail records and data relating to violations of this regulation shall be maintained in a secure location with controlled access by designated representatives in the Deparsment of Human Resources. Testing records for drivers of commercial motor vehicles will be maintained in accordance with rules and regulations Df the Federal Highway Administration, U.S DepartmenE of Transportation. Test results shall be confidential and shall be conlmunicated so individuals Dther than the employee and the Department of Human Resources staff only om a "need-to-know" basis, and only with the apuroval of ~he Director of Human Resources and, in appropriate cases, the employee. An employee zs entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol or cDntrolled substances. Test results for drivers of commercial motor vehicles may also be provided annually Eo the Department of Transportation in compliance with federal requirements. XII NOTIFICATION AND TRAINING Every employee is expected mo be aware of the regulation and z~s requirements and to abide by the requlremenss. Directors/program managers have the responsibility Eo ensure that all employees sre made aware of this regulation. In addition, directors program managers should schedule a meeting with their respective staffs on an annual basis to review the provisions and requirements of this regulation. Ail employees in posit~ons requiring a CDL will b~ provided a copy of this regulation and shall sign a statement certifyilng receipt of such which will be maintained in the employee s personnel file. PERSONNEL ~P-06 Supervisors of employees mn positions requiring a CDL, who are responsible for determining if reasonable susplcmon exists, will undergo two one-hour training sessions, one each on substance abuse and on alcohol misuse. Training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. X/II. APPEAL PROCEDURE Employees in posimlons requiring maintaining a valid CDL who choose to appeal a dismissal declslon based on a positive drug or alcohol test result must appeal ko the Counny Executive via their DeparmmenE ~ead. Ail employees including persons mn posmtions requirmng the CDL' who tesn positive based-upon reasonable suspzcion who choose to appeal a dismissal decision, mush appeal to the CounEy Executive via their Department Head. Violations of ~hese procedures are sub3ect no the grievance procedure outlined in Policy P-03. XIV POLICY OR PROCEDURAL INQUIRIES Questmons related to this regulatiom should be directed to the Director of Human Resources. This policy states the Board's current policy and may be changed or modified without notzce, consistent with applicable local, ssate or federal laws and regulations. I N T E R 0 F F I C E To: From: Subject: Date: Robert Brandenburger, Asst. Director, Human Resources Letfie E. Neher, Chief Deputy Clerk .~ / Alcohol/Drug Free Workplace Policy May 6, 1996 MEMO Attached is a copy of the amended Alcohol/Drug Free Workplace Policy as adopted by the Board on May 1, 1996. LEN:mms Attachment COUNTY OF ALBEMARLE PERSONNEL POLICY § P-06 Alcohol/Drue Free Workolaee Albemarle County has a vital interest in maintaining a safe. healthful, and productive environment for its employees. The use of alcohol or illegal drugs, or unlawful use of prescription drugs undermines the quality of job performance, endangers co-workers and brings discredit to the County. The County will not tolerate the possession or use of illegal drugs, a~cohol, or the unlawful use of prescription drugs by its employees in any job-related enntext and is committed to the eradication of such substances from the workplace. This policy is not intended to prevent empiuyees from participating in social functions outside of County facilities where alcohol may be served. The improper use of alcohol or the use of illegal drugs, or the unauthorized use of prescription drug~ undermines the quality of job performance, endangers co-workers and brings discredit to the County. For purposes of this regulation, "fflegal drugs" shall mean any controlled substance, or imitation controlled substance, whose unauthorized manufacture, distribution, dispensing, possession, consumption, use, or sale is prohibited by federal or state law. "Unauthorized use of prescription drugs" means use of a drug by anyone other than the person for whom the drug was prescribed, or in any manner that is prohibited by federal or state laws. Any County employee determined to have violated this policy ~ be subject to disciplinary action up to and including dismissal. All County craployees shall be responsible for reporting any evidence of the use of drugs or aleohoI by staff to their department head. All such reports shall be thoroughly investigated and reported to the County Executive or designee and appropriate action will be taken as necessary. The Board will not tolerate any violation of the law and: in accordance with the law. will fully support any employee who, in good faith and with probable cause acts to report tho activities of other employees as they relate to the use of alcohol or drugs on County property. order to comply with federal laws: a) Under the Drug Free Workplace Act of 1988. the County reqtfires that an employee notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than live days af[er such conviction. Failure to notify the County of drug-related convictions is grounds for dismissal. The County must notify any federal contracting agency within 10 days of having received notice that an employee engaged in thc performance of such contract has had any criminal drug statute conviction for a viohtiun occurring in the workplace Thc County will impose a sanction on any employee who is so convicted. b) Under the U.S. Depm~unnt of Transportation final rules implementing the Omnibus Transportation Employee Testing Act of 1991. Albemarle County is required to establish a program to conduct pre-employmenffpre<luty, reasonable suspicion, random and post-accident alcohol and controlled substances testing of each applicant for employment or employee who is required to obtain a commercial drivers' license ~CDL). The effective date of this progsara is lanuary 1, 1996 Duties, Resnonsibilities, and Rights of Emulovees I. PURPOSE To provide guidelines for establishment of an alcohol- and drug-free workplace and to set out the County's drug and alcohol testing program. 1I. APPLICABILITY This regulation applies to all employees. Federal law provides standards for creating a workplace free of illegal drugs with the passage of the Drug Free Workplace Act of 1988. In addition, required standardized tests have been established by the government with the passage of the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act) for employees who are drivers of commercial motor vehicles. The County has exceeded these minimum requirement~ to establish and maintain a drug-free workplace for all employees. m. DEFINITIONS Commercial Motor Vehicle (CMV/. A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross PERSONNEL §~06 vehicle weight rating of more than 10,000 pounds: or (2) has a gross vehicle weight rating of 26.001 or more pounds; (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of hazardous materials requiring phcards This includes all quali~ing vehicles in all depamuents. Confirmation Test. A second aleehol test, following a sereeningtest to detect al¢ohdi in an individual's system, that provides quantitative data ofaleoholconeentration. For controlled substances, eonfirmationtestlng meansa seeondanalytiaalproceduretoidentifythepresenee of a specific drag or metabollte. Confumetory drag testing is independent of the screen test and uses a different technique and chemical prinmple from that of tl~ screen test in order to ensure reliability and aecuraey. Driver (CMV/CDL). Any person who operates a commercial motor vehicle (CMV) requa-ing a commercial drivers license (CDL) or is in a position which requires a CDL as an eligibility criteria beeausethey must drive or be on call and ready to drive if necessary. This includes full time, part time. and temporary personnel. In every position requiring a CDL, the employee is either driving or in a state of readiness on call if required to drive. Drivers are subject to drug and alenhol testing under both federal law and Albemarle County policy. For purposes of pre~employmentJpre-duty testing only, the term "driver" includes a person applying m Albemarle County to drive a commercial motor vehicle. Medical Review Officer (MRO). A licensed physa¢ian responsible for receiving laboratory resulta generated by an employer's drag testing progrsxn who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's conlinned positive test result together with his or her medical history and any other relevant biomedical information. Omnibus Transportation Employees Testing Act of 1991. The federal law that requires drag and alcohol testing of drivers in various industries. By tl~ authority of this Act, the Office of the Secretary of Transportation. U.S. Deps.rtment of Transportation (DOT) on February 15, 1994. has published ~ules requiring employers to test each applicant for employment or employee who is required to obtain a CDL for the illegal use of alcohol and controlled substances. For the Albemarle County General Government, compliance with the law commences January 1, 1996. Safety-Sensitive Function. An employee is porforrning a safety-sensitive function whenever he/she is engaged in driving a commemial motor vehicle (CDL required/or working in any employment eapaei~ which could affect the safe operation of the vehicle and the safety and welf~e of others. This includes any period in which the employee is actually performing, ready to perform, or immediately available m perform any safuty-sensitive functions. Screening Test. Also known as an initial mst. In alcohol testing, an analytical procedure to determine whether an individual has a proh~ited concentration of alcohol in his or her system In controlled substances testing, an immunoassay test on urine specimens to eliminate "negafive~ specimens from fogher testing. Split Sample Testing. Divisinn of the urine specimen in controlled substance testing into two separate containers, the prLmary specimen used for the screening test and the split speehnen used if the employee requests a second test after being informed of a verified positive GUIDELINES Ali employees are expected to adhere to the following guidelines as a condition of their employment with the County, and any violation of this regulation, including a first offense, may subject the employee to discipline, up to and including dismissal from employment. The manufacture, distribution, dispensing, possession, consumption, use, transpogation or sale of illegal drugs at any time and anywhere on County-property, at a County-sponsored function or event, or in any other manner while performing duties or obligations incident to County emphiyment is strictly prohibited. No employee shaJI report to work, perform assigned duties, or otherwise engage m County business in the community, with detectable amounts ufalcohol, illegaldrugs, unauthorizedprescriptiondrugs, or lllegal drug metabolites in his or her system. Whether the employee has aleehol, illegal drugs, unauthorized prescription drugs, or illegal drug metabolites in his or her system shall be determined in accordance with medically established standards for detectable amounts of these substances. Page 2 VD I~RsoNNEL §P-06 The only limited exception to the foregoing pertains to employees who are not on an official on-call roster and who are called in tc work outside their normal duty hours to perform emergency or unscheduled work. No such employee will be disciplined for off-duty consumption of alcohol that results in reporting to duty with alcohol in his or her system so long as the employee first reports that consumption of alcohol to the supervisor making the work request prior to the commencement of any work activity. EMPLOYEE ASSISTANCE Early recognition and treatment of alcohol and drug abuse are essential to successful rehabilitation. The County maintains an employee assistance program known as Employee Assistance Program (EAP) to assist employees with alcohol and drug abuse problems as well as with other personalproblems. The EAP will assist employees with these problems and will also make referrals to appropriate treatment programs. Employees voluntarily seeking assistance for a substance abuse problem through the EAP or a medical source will not be disciplined as a result of their disclosure of prior drug or alcohol use, and treatment by the EAP or another source will be handled in confidence. An employee may not avoid discipline for violation of this regulation by participathag in a l:reatmunt program unless he or she does the following: 1. Volunteers for such treatment prior to being confronted by a manager or supervisor with the violation of this regulation. 2. Successfully adheres to requirements of and completes the proscribed treatment program. Does not thereafter engage in conduct violating this regulation regardin~ use of alcohol, illegal drugs, and unauthorized prescription drugs. In the case of employees retoming to work after successful completion of a treatment program, the County reserves the right to test for drug and/or alcohol use, on a random or periodic basis in accordance with procedures for return to duty testing in section VIILB.2. of this regulation. The County shall establish a drag-free awareness program to inform all employees about the dangers of drag abuse in the workplace and that the maintenance of a drag-free workplace is the County's goal. The awareness program shall identify counseling and rehab'ffitation programs and shall emphasize the penalties for employees' violating this policy and its administrative procedures. ALCOHOL A. Reporting for Duty-All Employees No employee shall report for duty or remain on duty while having detectable amounts of alcohol of 0.02 breath alcohol content (BAC) or higher in his or her system Albemarle County will test for alcohol using an evidential breath testSng dev/ce (EBT~ approved by the National Highway Traffic Safety Administration (NHTSA). Any supervisor who has actualknowledge that an employee has violated this regulation and permits the employee to work will be in violation of this regulation except in reference to section V, paragraph five. B. Testing Procedure Upon entering the test location, the employee will be asked to provide positive identification with photograph (example--driver's license or employer identification badge) to the breath alcohol technician (BAT). The employee and the BAT will complete the Breath Testing Form distributed at the test site and follow required testing procedures. Providing incomplete information (except a social security number), engaging in conduct that obstructs the testing process or failing to sign the required certifications may be regarded as a refusalto take the alcohol test and may constitute just cause for dismissal from employment. At the completion of the screening test, the results will be shown to the employee. If the result of the screening test shows evidence of detectable alcohol concentration, a confirmation test will be performed within specified time limits. If detectable amounts of alcohol of 0.02 BAC or higher are verified in the confirmation test, the employee will be in vinhfion of this regulation. An individual with a verified positive confirmation test may not leave the test site without approval from the attending physician or designee~ Page 3 PERSONNEL §P~6 [f a screening or confirmation test cannot be completed, or an event occurs that would invalidate the test, the BAT will conduct a new screening or confirmation test. as applicable. In the event that an employee attempts and fails to provide an adequate mount of breath, thc employee will be required to submit to a blood test. At the conclusion of testing, copies of the Breath Alcohol Testing form will be mined by the testing location, provided to the employee, and transmitted in a confidential manner to the Director of Human Resources, or designee If the test results are positive, the results will be reviewed by the Director of Human Resources who will in turn notify the employing department head/designee to determine what action would be appropriate. CONTROLLED SUBSTANCES A, Reporting for Duty-All Employees No employee shall report for duty or remain on duty having used controlled substances except when thc use is authorized as prescribed medicine by the attending liennsed physician who has advised the employee that the substance does not adversely affect the employee's work performance. Any supervisor who has actual knowledge that an employee has used an illegal drug and permits the empioyee to work will be in violation of this regulation. A finding that an employee has a positive drug test results when the initial screen test and a eonfirmmion test provide evidence of one or more of the following substances in the system: eoc~fme, marijuana, opiates, amphetamines and pheneyclidine. B. Reporting for Duty-Drivers (CMV/CDL) la addition to the requirements in Section VII.A_ drivers of commercial motor vehicles taking over-the-counter or prescribed medications shall be responsible for knowing the effects of such medication. They shall not drive or perform other duties under the influence of preseriptlon or over-the-counter drugs that could impair their ability m perform their duties safely. They shall be responsible for not working when under prescribed or over-the-counter medication that might impair the'n: ability m perform th(a: duties safely. C. Testing Procedure-Ail Employees For controlled substances testing, employees report to a specified test location where a urine sample is collected and subject m the split sample testing procedure. If the employee is unable to provide the specified quantity of urine, the employee will be instructed to drink not more than 24 ounces of fluid and wait up to two hours to provide another sample. If a complete sample still cannot be provided, the Medical Review Officer 0VIRO) will refer the employee for a medical evaluation to determine if the inability m provide a specimen ~s genuine or constitutes a refusal to test and then report the findings in writing to the Department of Human Resources. Strict chain of custody procedures will be followed as the samples are forwarded to the laboratory. If the primary specimen is verified positive, the MRO will notify the employee who can request that the split specimen be tested at the employee's expense at a different Department of Health and Human Services' certified laboratory. The employee must make the request within 72 hoursof notifieafionby theMRO. [f the result ofthe test ofthe split spe.~unen fails to reconfirmthepresenceofthe drug(s) or drug metabolites found in the primary speeimem the MRO shall cancel the original test results and the cost of the split sample lest will be borne by the employer. Upon lemming that the MRO is attempting to contact the employee, the employee must respond by calling the MRO within 24 hours of receipt of notification to call or be in violation of this regulation. If the employee does not contact the MRO within the 72 hours as required, the employee may present information to the MRO documenting a tegltimate explanation for the employee's failure to contact the MRO within the 72 hours. The MRO may determine to henor the employee's request to test the split specimen. The MRO's decision to permit further testing is final. Test results shall be confidential and will be reported directly to the employee, the Director of Human Resources. or designee, and upon request, to the U.S. Department of Transportation in the ease of drivers of conunerelal motor vehicles. If the test Page 4 VIII. PERSONNEL §P~6 results arc positive, the results will be reviewed by thc Director of Human Resources who will in mm notify thc employing department head/designe~ m determine what action would be appropriate. TESTS REQUIRED Testing shall be conducted by personnel designated by the County. In general, the County shall pay the cost of required drug and alcohol testing, including screening and eonfirmatlon tests for alcohol and primary spoemaen tests for drugs. The County shall not pay if the employee's initial testing indieatos the need for fiatber examinations or consultation on a problem other than drug or alcohol use, in which case the employee shall pay the cost of the additional tests or examinatiun. For Safety-Related Positions. Incinding Drivers (CMV/CDL) pursuant to federal law and its own authority, Albemarle County will test personnel in safety-related positions under the fellowing circumstances: I Pre-employmenffPre-duty Prior to the first ~ a new hire or current employee is placed into a safety-related position (including placement by way of lateral transfer or promotion into a safety-relatod position for a current employee), the person shall be tested for alcohol and controlled substances and must be found to be in comp/lance with sections VI. and VIL as well as other appllenble requirements of this policy. Applicants offered positions requiring CDLS. as a conditinn of employment, give written consent to permit Albemarle County to contact ail previnus employers over the past two years to confirm that the applicant's work history was free of substance abuse, aleohul abuse, and positive drug or aleohul test results. In addition, applicants offered positions shall, as a condition of employment, provide written consent for post-ae&~dent testing and release of test(s) results to the County. 2. Post Accident-For Drivem tCMV/CDL) Whife on duty, a driver of a commer&nd motor vehicle who is involved in an accident must be tested for alcohol and controlled substances as soon as practicable following an accident and found to be in compliance with Sections VI. and VII. of this regulation. Post accident testing will be required if (a) there is a fatality, and/or (b} one or more persons requires medical treatment away from the accident scene, and/or icl one of the vehicles must be towed from the scene, and/or (d) the driver reed~ves a citation anffmg fi'om the accident. Every reasonable effort will be made to administer alcohol tests within two hours of the accident. If a test has not been performed within eight hours following the accident, efforts to test will stop. Controlled substance testing will stop if not performed within 32 hours following the ae~dent. Supervisors are responsible to provide and forward written documentation to the Department of Human Resources any time alcohol testing is not performed within two hours and drug testing is not performed within 32 hours. Written documentation should include the amount of time taken between the accident and tasting and the reason for the delay. A driver who is subject to post accident testing shall rema'm readily available at the accident scene for testing following the accident until he/sbe undergoes testing or he/sbe will be deemed to have refused to submit to testing. The only exception to this requa'ement applies when the driver leaves temporarily to obtain assistance in responding to the accident, to obtain necessary medical care or is detained by law enforcement personnel. Without super(xsor approval, an employee may not ingest food or drink during the period prior to testing. Testing conducted by federal, state, or local offieials at the scene of the accident having independent authority m conduct tests for alcohol controlled substances shall meet the requirement for post accident testing. Employees will be requ'~red to consent to testing by such officials, and to release the results of such tests to the County. 3. Random Alcohol and controlled substance tests will be conducted periodically on an unannounced basis throughout the calendar ye~tr. Employees will be randomly identified using a s&lcntifically validated method and notified to report for testing during the work year. Under this selection process, each driver shall have an equal chance of being tested each thnc Page 5 PERSONNEL §P-06 selections are made. Employees identified to be tested will report diseetly mad immediately to the test site when notified by their supervisor. Otherwise, refusal to, or delay in, reporting immediately and directly to thc test site will be considered a refusal to test and grounds for dismissal. If a driver is off work due to illness, vacations, leave of absence, layoff, injury, or for any other reason, for more than 30 calendar days. his or her name will be removed from the random pool, and prior to returning to driving the preqluty testing provision of this regulation shall apply. For random alcohol testing, the minimum annual percentage rate shall be 25 percent of all the commercial motor vehicle drivers. This percent may increase or decmasein any given year depending on the violation rate as determined annually for each industry by the Federal Highway Administration 0FHWA) in accordance with DOT guidelines. Drivers will only be tested for alcohol just before, during, or just after performing safety-sensitive duties. Fox random drug testing, the minimum annual percentage rate shall be 50 percent of all the commercial motor vehicle drivers. This rate for controlled substances may change annually similar to the alcohol adjustments. Drivers will be tested for controlled substances within 32 hours of random selection. B. For All Employces Albemarle County will also test all employees in the following situations pursuant m its own authority and. with respect to drivers, the dntg and alcohol testing regulations issued by DOT and the FHWA~ 1. Reasonable Suspicion Upon reasonable suspicion of a violation of this regulation, the employee may be tested for alcohol or drugs. Reasonable suspicion may be based upon, but not limited m, the following: speeilie observation of actual use or possession of alcohol or illegal drugs; physical symptoms of having used those substances such as uncommon speech or body odors; observation of abnormal conduct or erratic behavior: or the receipt of information when the nature of the information suggests that the source was rehable and credible. A supervisor trained to recegnize signs of alcohol or drug use, shall make the necessary observations and review information provided regarding the reasonable suspicion that the employee may be in violation of this regulation. If any authorized supervisor or authorized representative from the Department of Human Resources determines that reasonable suspicion exists, the employce shall be directed to submit to testing and be transported to the test site by the supervisor or his or her designee. Without supervxsor approval an employee will not ingest food or drink during the period prior to testing. An employee directed to submit to alcohol or drug testing shall be informed oftbe reason(s) for the test and the fact that refusal to provide the speeunen eonstltates failure to obey a direct order and is grounds for dismissal. The supervisor and/or personnel representative shall document the information communicated to the employee and the evidence which constituted reasonable suspicion within 24 hours of the observed behavior or report of the incident or before the results of the test are released, whichever is earlier. At the employee's request, a copy of such documentation will be provided to the employee by the Department of Human Resources. Ail testing at a designated medical faeiftty wRl be administered by an official in accordance with established medical standards. For example, drug testing will be performed using chain of custody procedures along with confirmation testing and other safogeards. The alcohol test shall not be performed more than eight hours ares the determination of reasonable suspicion. Whenever an alcohol test is not administered within the first two hours upon determination of reasonable suspicion. a record will be maintained which documents the reason(s) for the delay and how long the delay lasted. 2. Return to Duty/and Follow-Up Testing A former driver (CMV/CDL), and other CDL designated personnel, dismissed for violations of these regulations, who satisfactorily completes a rehabilitation program prescribed, monitored, and certified by a substance abuse professional may re. apply for employment and receive fair eonslderation for all positions applied for except those requiring a CDL. Page 6 PERSONNEL §P-O~ If selected, the employee w'dl be subject to a minimum of six random unannounced fellow-ep alcohol and/or controlled substances tests at County expense during the first twelve months after employment. In the event Albemarle County allows any other employee m return to duty aider engaging in conduct which violates this regulation, he or she will be sent to the EAP. as a condition of employment, and may be required to be evaluated by a substance abuse professional who shall determine the employee needs in resolving problems associated with alcohol misuse and/or controlled substance use. Evaluation criteria used to determine it' the employee may return to duty shallinehide but not be limited to: leval of perform~ee, years of service, previous conduct violations, possession of unique skills, knowledge and training, recommendation of a certified substance abuse professional, if available and the safety-sensitive nature of the position. Referral to the substance abuse professional will be made through the Employee Assistance Program (EAP). All follow-up testing will comply with procedures as set forth in this regulation. REMOVAL FROM DUTY Employees will be removed from duty and placed on admiulstratSve leave with pay pending a final decision for disciplinary action. Employees will be advised of their violation, have an opportunity to respond to the charges against them, and be notified in writing of the status of the're employment. The follow'rog ea-eumstanees, while not necessarily inchisive, require placing the employee on adnfmistrative leave pending a final deeiff~on on the status of employment: a) b) d) e) refusal to be tested confirmation of a positive test result ailar an aceidant requiring testing when reasonable cause has been established when the behavior, speech, and performance indicators of alcohol/drug misuse are impossible to eon£mn reasonable suspicion with a test. DISCIPLINARY ACTIONS Drivers of commercial motor vehicles (CDL required) and other CDL designated personnel, who engage in any of the following conduct will be terminated in accordance with due process: violate any of the foregoing rules regarding manufacturing, distributing, dispensing, possessing, consuming, using: or selling drugs or aleohol; 2. have drugs or alcohol in thief systems in violation of this policy/regulation: refuse to submit to or cooperate with drug and/or alcohol testing which includes but is not limited to: a) tampofing with or attempting to adulterate the specimen or collection procedure; b) not reporting directly and immediately to the collection site; e) not accurately signing in and reporting the arrival and departure times at the test site: and d) leaving the scene of an accident without a valid reason before the tests have been conehided: fall to report their consumption of over-the-counter or prescribed medication that could impair their ability to perform them duties safely: or 5. fail to report any drug or alcohol conviction or charge as required by this regulation. B. In addition, other employees may be subject to discipline, up to and including discharge, even for a first offense, if they: violate any of the foregoing rules regarding manufacturing, distributing, dispensing, possessing, consuming, using, or selling drugs or alcohol: P~e7 XI. XII. PERSONNEL §P~6 2 have drugs or alcohol in their systems in violation of this policy/reguletion: or refuse to submit to or cooperate with drug and/or uleohol testing whinh inuludes, but is not limited to: a) tampering 'with or attempting to adulterate the specimen or collection procedure; and b) not reporting directly and immediately to the collection site. This regulation shall be administered consistently with the County's obligations under federal, state, and local laws/regulations. Recommendations for disciplinary actions, including dismissal for violation of this regulation, will be consistent with standard operating procedures to ensure that due process is observed throughout all proceedings. Disciplinary actions affecting employment status shallbe reviewed by the County Executive's office, Director of Human Resources, or designee, before a final decision with respect m continued employment status or disciplinary actions is reached. An employee who is charged with a drug-related felony or convicted of any criminal offense shall notify his or her immediate supervisor who shall report the information to the Director of Human Resources within five days of the charge or arrest or prior to reporting for duty, whichever is earlier. This requirement shall not apply to an alcohol-related offense for employees except for commereiul motor vehicle drivers, and other drivers required to maintain a CDL. and employees whose position responsibilities include the operation of a County vehicle: 1. Employees Who Drive as Primary Occupation If a County employee is charged with or convicted of a motor vehicle offense involving alcohol, illegal drugs or the misuse of legal drugs whether in or outside of the workplaen and their position in the County requires driving as a primary responsibility, they will be dismissed from their employment in aeeordaneewith due process. Upon being charged by legal authorities, the employee will be suspended without pay until the ease is resolved. If the employee is convicted, the employee will be dismissed effective the date he or she was originally suspended. If not eonvietod, the employee will be reinstated with full pay retroactive to the date of suspension. 2. Other County Employees County employees whose primary occupation does not involve driving and who are convicted of a motor vehicle violation involving alcohol, illegal drugs or the misuse of legal drugs will be suspended from driving a County Vehicle for one year from the date of eonviedon. Employees convicted of such offenses must notify their immediate supervisor of the conviction and will be referred to the Employee Assistance Program for counseling. RECORD RETENTION AND CONFIDENTIALITY All records and data relating to violations of this regulation shall be maintained in a secure location with controlled access by designated representatives in the Department of Human Resources. Testing records for drivers of commereiul motor vehi'eles will be maintained in accordance with rules and regulations of the Federal Highway Administration, U.S. Department of Transportafion~ Test results shall be confidential and shah be communicated m individuals other than the employee and the Department of Human Resources staff only on a "need-to-know" basis, and only with the approval of the Director of Human Resources and, in apprepfiate cases, the employee. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol or controlled substances. Test results for drivers of commercial motor vehicles may also be provided annually to the Department of Transportation in compliance with federal requn'ements. NOTIFICATION AND TRAINING Every employee is expected to be aware of the regulation and its requirements and to abide by the requirements. Directors/program managers have the responsibility to ensure that ali employees are made aware of tiffs regulation. In addition, directors/program managers should schedule a meeting with their respective staffs on an annual basis to review the provisions and requirements of this regulation. All empioyees in positions requiring a CDL will be provided a copy of this regulation and shall sign a statement certifying receipt of such which will be maintained in the employee's personnel file. Page 8 PERSONNEL §P-06 Supervisors of employees in positions requiring a CDL, who are responsible for determhfing if reasonable s u slfl(xo n exists, will undergo two one-hour training sessions, one each on substance abuse and on alcohol misuse. Traiffmg shah include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of euntrolled substances. xm APPEAL PROCEDURE Employees in positions requiring maint~ming a valid CDL who choose to appeal a dismissal decision based on a positive drug or alcohol test result must appeal m the County Executive v'm their Department Head. All employees (including persons in positions requiring the CDL) who test pos~ve based upon reasonable s uspi~on who choose to appeal a dismissal deelsion, must appeal to the County Executive via their Department Head. Violations of these procedures are subject to the grievance procedure outlined in Policy P-03. XIV. POLICY OR PROCEDURAL INQUIRIES Questions related to this regulation should be directed to the Director of Human Resources. This policy states the Board's current policy and may be changed or modified without notice, consistent with applicable local, state or federal laws and regulations. I. Ella W. Carey. do hereby eertif~ that thc foregoing writing is a true. correct copy of a policy adopted by the Board of County Supervisors of Albemarle Count~, Virginia, at a regular meeting held on May 1, 1996. Page 9 TO: STATE COMPENSATION BOARD FOR: MONTH OF FEBRUARY, 1996 STATEMENT OF EXPENSES DEPARTMENT I COUNTY STATE TOTAL SHARE SHARE Department of Finance - 0 - - 0 - - 0 - Sheriff -0- 712.53 712.53 Commonwealth ' s Attorney -0- -0- -0- Regional Jail -0- -0- -0- Clerk, Circuit Court -0- 2,660.00 2,660.00 NOTE: Expenses listed above are only those office expenses which the State Compensation Board has agreed participate, and are not the total office expenses of these departments. TO: STATE COMPENSATION BOARD FOR: MONTH OF MARCH, 1996 STATEMENT OF EXPENSES DEPARTMENT COUNTY STATE TOTAL SHARE SHARE Department of Finance -0- -0 - -0- Sheriff -0- 1,103.10 1,103.10 Commonweal th ' s Attorney - 0 - - 0 - - 0 - Regional Jail -0- 50,595.64 50,595.64 Clerk, Circuit Court -0- 2,238.11 2,238.11 NOTE: Expenses listed above are only those office expenses in which the State Compensation Board has agreed to participaue, and are hOE the total office expenses of these departments. DAVID R. GEHR COMMISSIONER ¢,OUNT¥ 4K ALBF_N~ARL~ COMMONWEALTH of VIRGINId o^ o OF SOP V,So s DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE 22911 A. G, TUCKER RESIDENT ENGINEER April 23, 1996 Board of Supervisors Meeting April 3, 1996 MS. Ella W. Carey, Clerk Albemarle Board of Supervisors 401 McIntire Road Charlottesville, VA 22902 Dear Ms Carey: We offer the following comments discussed a5 the April 3, 1996, Board April 10, 1996. regardin§ transportation matters that were Meetin§ ~nd outlined in your letter dated o Hickory Ridge Subdivision is to be surface treated this year under our conEracE maintenance schedule. Work will likely occur in mid 5o late June. o The Department will be remarking the lanes on Fontaine Avenue 5o allow for continuous right £urns off of the nortl~ound Route 29/250 bypass. This should alleviate the back up of traffic onto the bypass during the morning rush hour. o County wide litter pick up by V DOT occurred during the week of April 15 - 19 and will continue this week. Route 20 south from the City limits co Carter's Bridge was picked up during the week of April 15. The Department has xnstalled a NO RIGHT TURi~ ON Road approach ~t Route 29. We will monitor this mt alleviates the traffic 2ongestion between the the Route 29/Albemarle Square slgnat. RED sign on the westbound Rio new siop condition Eo see if Route 29/Rio Road signal and The DeparEmen5 has remarked the pavement and stop bars as well as replaced the stop signs aE the corner of Commonwealth Drive and Westfield Road. After discussions with concerned citizens thiB appears to address their desires for alerting drivers at this intersection, With appropriate right Df way and easements, the Depar£menn can construct a right turn lane into the Seminole-Trail Volunteer Fire Company. Funds for this work (approx. $30,000) will nor be available until fiscal year 97-98 as the Department is currently a~Eempting to fund the installation of guardrail along Rio Road between the Park Street bridge and Stonehendge Subdivision, The [urn lane projec5 can also be consEructed by others under permit to VDOT. TRANSPORTATION FOR THE 21ST CENTURY MS. Ella W. Carey April 3, 1996, Board Meeting Page 2 April 23, 1996 o A public hearing for the Route 29 Corridor Study has been scheduled for May 22, 1996, from 6 pm to 10 pm at the Albemarle County Office Auditorium. A public hearing will also be held in Greene County on May 21, 1996, from 6 pm to 10 pm at the William Monroe High School in Stanardsville. Both meetings will present information regarding the Corridor Study and offer a period for formal public imput. Concerns shared during the March 6, 1996, Board meeting: There currently exists SLOW VEHICLES KEEP RIGHT signs on 1-64 along Afton Mountain; however, the Department is reviewing this section of interstate for any additional signing that will address the concern of large trucks keeping right. O The majority of property owners along Route 708 have dedicated right of way necessary for improvements. However, eight property owners still need to consider dedication prior to improving Route 708 under the gravel road improvement program priorty ~31). If you have any questions regarding the above issues, I will be available to discuss these at the May 1st Board meeting. Sincerely, AGT/smk attachment Da-,e:l P, ~3owen~n COUNTY OF ALBEMARLE O~ce of Board of Supervisors 401 Mctntir~ Road Charlottesville, Virginia 22902-4596 (804) 296-884~ FAX (804) 296-5800 April 10, 1996 Mrs. Angels Tucker, Resident Engineer Department of Transportation 701 VDOT Way Charlottesville, VA 22911 kt its meeting on April 3, 1996, the Board discussed the following transportation Matters: Agenda Item No. Ss. Transportation Matters: Discussion - Proposed Western Bypass Alignmeng. Autherized the Cotulty Executive to forward a letter ko ~-DOT concerning the four alternatives being proposed for the Mestern Bypass Alignmens. Agenda Item Ho. 8b. Other Transportation Matters. You mentioned there were unresolved highway issues from other meetings that would be addressed a~ another meeting. Mr. Perkins provided you a letter from residents in ~ickory Ridge Subdivision inquiring about the repair date for their subdivision roads. Mrs. Thomas mentioned a problem on the Route 29/250 Bypass jusn aa one comes off of 1-64 and tries to exi~ onto Fontaine Avenue in the morning, =raffic backs up on the bypass, and she zs afraid it will become a safety problem. You said you had received a letter from ~ citizen about this, and V DoT is reviewing the s~tuation. Mr. Marshall asked if VDOTwill pick up trash between the City Limits and Carter's Bridge b~fore the grass begins to grow. Yon said IrDoT usually does trash removal one time before mowing begins, and that is usually i~ April immediately before Garden Week. Mr. Bowerma~ said the traffic light on Rio Road at ~bemarle Square Shoppin9 Center is interfering with traffic flow in that area. It is holding UD traffic so that traffic turning from Route 29 on ~io Road cannon get around that corner, and also traffic coming straight on Rio Road backs up across 29 so that there is traffic interference in all directions. This is particularly common in the late day and on weekends. RECEIV] Memo TO: Date: {Page two) Mrs. Angela Tucker April 10, !996 Mrs Thomas asked if it ~s possible to chs-nge the designation of Route 22 so it is not classified as an arterial highway. Mr. Ciliu%berg said the MPO reviews the functional classification of roads; it was probably done three years ago. ~ a primary road, Route 22 must be at least a minor arteriaI~ He wilt find eut when this review will be conducted again. Mrs. ~umphris mentioned receiving a copy of a letter from a gentlemen about the stop sign at the corner of Commonwealth Drive end Westfield Road° Re indicated that people are not observing the stop sign. Mrs. ~umphris mentioned installing a blinking light at that location. · mp ' ' ha e ~ ' tn _o t f he Seminole Trail Votu/lteer Fire Com~Dany is only two lanes, twhersas there are three lanes along the remainder of the road in both directions. She asked Lf it would he beneficial uo build a right-turn lane at that location. Mrs. Thomas mentioned a need for paving in Ivy near the church on Owensville Road. She~Lnows the Board members are going to get ~ lot of questions about when potholes will he repaired· You said these repairs fall into the recj/llar maintenance achedule; unfortunately, a lot of roa~ will be held together with "bandaids'~ until the next year because there are always more roads to be repaired than there is money. Mrs. Humphris mentioned the Route 29 Cos Bowerman ms a member of the Steering Commi Monday. Mr. Bowerman said there are three COmmittee. They are being set up so that st to the Steering Committee and hopefully anew will be making a r~commendation directly t Board. Commenus should be sent to him so that been given the impression that the Steering role in the recommendation to the CTB. SincareI' Ella W. EWC/aw cc: Robert W. T~cker, Jr. ridor Study· tt was noted that Mr~ =tee and attended a meeting last public hearings scheduled by the ~te~ents and q~eations can be made ~rs given. The Steering Committee > the Commonwealth Transportation he can comment ~o the CTB. ~e has Con, mitres will play a significant MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director of Planning & Community Development April 8, 1996 Albemarle County Planning Commission - 1995Annual Report Attached please fred a copy of the 1995 Annual Report approved by the Albemarle County Planning Commission at theix meeting on April 2, 1996. If you should have any questions, please do not hesitate to contact me. vwc/jcf ATTACHMENT 1995 ANNUAL REPORT ALBEMARLE COUNTY PLANNING COMMISSION I. INTRODUCTION The Code of Virginia states that local Planning Commissions shall make recommendations and an annual report to the governing body concerning the operation of the. Commission and the status of planning within the jurisdiction. This report is a brief summary of what the Albemarle County Pl~nningCommission accomplished during 1995 and some of the issues which are being addresse~.during 1996. II. PERSONNEL The Commission is composed of seven members, one member from each of the six magisterial districts, and one member "at large." The Commission members during 1995 were: COMMISSIONI!R DISTRICT TERM Thomas D. Blue, Chairman Rivanna 1/08/92 - 12/31/95 Thomas H. Jenkins, White Hall 1/06/88 - 12/31/95 Vice-Chairman Jaequelyn N. Huckle Jack Jouett 1/03/90 - 12/31/97- William J. Nitchmann Scottsvilie 1/08/92 - 12/31/95 A. Brace Dotson Samuel Miller 1/12/94 - 12/31/97 Monica G. Vanghan Charloitesville 1/12/94 - i2/31/97 Katherine L. Imhoff At-Large 1/12/94 - 12/31/95 III. EXPENSES The Commission does not have a separate budget. Expenses for commission members were a total of $24,600.00 all of which was spent on commissioner salaries. Page 1 of 6 IV. REGULAR ITEMS The Planning Commission held 43 regular meetings in 1995, primarily to review development proposals. A total of 152 items were reviewed. Mqior z, oning/special use permit reviews included: ZMA-94-06 Upper Pantops Land Trust - PetitiOn to rezone 106.8 acres from R-l, Residential and R-15, Residential to R-6, Residential and 2.4 acres firom R-15, Residential to C-l, Commercial. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-94-O9 Jayel lndustries, Inc and John E. Campbell - Proposal to amend the proffers of ZMA-88-11 to delete the requirement of-two points of access and to have no connection between the Milt Creek and Lake Reynovia development. PLANNING COMMISSION RECOMMENDED DENIAL. ZMA-94-14 Highlands West Trust (Applicant), Lady B. Walton (Owner) - Petition to rezone approximately 132 acres from PA, Rural Areas and R-l, Residential to R-4, Residential. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-94-20 Jefferson National Bank - Petition to rezone 13.36 acres from R-2 (2 dwelling traits per a"ere) to CO, C~ommercial Office, for the pta'pose ofestablishingabank operations center. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-95-O1 Emergency Operations Center - Petition to rezone 4-1.0 acres from HC, Highway Commercial to R-l, Residential (also zoned EC, En~xance Corridor Overlay District) for construction of a City/County/University Emergency Operations Center. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-95-04 The University of Virginia Real Estate'Foundation - Petition to rezone approximately 300 acres form RA, Rural Areas to PD-IP, Planned Development Industrial Park. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-95-08 George Clark- Petition to rezone 7 acres from PA, Rural Areas to VR, Village Residential. PLANNING COMMISSION RECOMMENDED APPROVAL. ZMA-95-13 University Real Estate Foundation - Petition to rezone 5 acres fromR-l~ Residential to R-15 Residential. PLANNING COMMISSION RECOMMENDED APPROVAL. Page 2 of 6 SP-94-44 Todd Shields - Petition to establish a commercial recreation establishment on approximately 5 acres zoned C-l, Commercial. PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-03 Oakwood Foundation Charitable Trust - Proposal to construct baseball fields on 109 acres zoned RA, Rural Areas and EC, Entrance Corridor Overlay District. PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-17 University of Virginia Real Estate Foundation - Proposal to establish a 60 bed hospital on approximately 49 acres zoned CO, Commercial Office. PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-23 Mark & Vicki Gresge - Petition to. establisl} a 25 seat restaurant on approximately 6 acres zoned RA, Rural Areas. PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-24 Ronald Harvey & Company- Petition to establish a Rural Preservation Development with 49 development lots on approximately 653 acres zoned RA, Rural Areas. PLANNING COMMISSION RECOMMENDED DENIAL. SP-95-25 Wendell Wood/tJnited Land Corp - Petition to establish a mobile home park. PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-40 UREF - Petition to allow laboratories, medical or pharmaceutical are appropriate uses within a Planned Development - Industrial Park (North Fork). PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-41 UREF - Petition to allow supporting Commercial uses to include uses such as but not limited to: day care, branch bank, copy center and dry cleaner within a Planned Development-Industrial Park (North Fork). PLANNING COMMISSION RECOMMENDED APPROVAL° SP-95w42 UREF- Petition to hotel, motel, inn within a Planned DevelOpment-Industrial Park (North Fork). PLANNING COMMISSION RECOMMENDED APPROVAL. SP-95-43 Claudius Crozet Park - Petition to relocate the existing pool and construct additional recreational facilities on 22.4 acres zoned Rural Areas. PLANNING COMMISSION RECOMMENDED APPROVAL. Page 3 of 6 Zoning text amendments addressed such~issues as: ZTA-95-06 Pavilion at Riverbend L£C - Petition to amend Section 22.2.2 to add Outdoor Amphitheater as a use by special use permit in the C-l, Commercial District. PLANNING COMMISSION RECOMMENDED DENIAL. ZTA-95-07 Mandatory Connection to Public Water & Sewer - To amend the Zoning Ordinance as it relates to required usage of public utilities. PLANNING COMMISSION RECOMMENDED APPROVAL. An important procedural measure implemented in March, 1988 was the Consent Agenda. In 1995, the Planning Commission authorized approval of all of the items which appeared on the Consent Agenda, resulfmg in an agenda time savings of about nine (9) hours or the equivalent of about four (4) meetings. ~ The Commission also took action on other proposals outside of the development review area. These included: Agricultural/Forestal Districts: Additions to existing districts: Addition to Blue Run 04-12-95 Addition to Keswick 04-f2-95 Addition to Moorman's River 04-12-95 Addition to Moorman's River 08-09-95 Addition to Panorama · 06-14-95 Addition to Buck Mountain 04-12-95 60.21 acres 17.38 acres 330.00 acres 59.92 acres 42.40 acres 26.89 acres Withdrawals: (Both withdrawals were by-right due to oWner's death) Totier Creek 07-10-95 764.08 acres Hatton 07-10-95 2,035.68 acres Compliance with Comprehensive Plan (456 Reviews): Rt. 20/Avon Street Connector- Monticello High School, District Park, Pool Facility and Fire/Rescue Station. PLANNING COMMISSION RECOMMENDED APPROVAL, Page 4 of 6 V. ACTION SUMMARY The number of actions cOnSidered by the COmmissi°n during 1995 and in each of the previous four years is shown by category in the following table. Consent agenda items are listed separate!~ . ~ Comprehensive Plan Amendments I 4 4 6 6 2 Zoning Text Amendments 7 5 4 8 9 Subdivision Ordinance Amendments 1 0 0 0 1 Comprehensive Plan Compliance Reviews 1 4 I 7 5 (456 Reviews) I Zoning Map Amendments 32 i 27 18 1~2 19 Special Use Permits 48 40 38 I 55 67 Preliminary Site Plans 3 9 12 20 25 Final Site Plans 2 0 0 1 5 Preliminary Plats 6 3 4 14 ~ 15 Final Plats 0 1 0 1 3 Site Plan Extensions 0 0 0 0 2 Site Plan Waivers , 2 0 1 3 0 Site Plan Amendments ' 3 7 8 4 12 Final Plat Extensions 0 0 0 0 0 Subdivision Waiver 0 1 2 0 3 Agxicultnral/Forestal Districts 8 9 10 2 4 Consent :\gcnd:l I Ictus (Separate Ii'on) Aclion Considered ..M~ovc ) I"rclimimu'5 Site Iq:m,; 4 5 0 0 0 Final Site Plans 9 4 0 2 5 Preliminary Plats ' 3 0 0 0 2 Final Plats 3 0 0 2 2 Agricultural/Forestal Districts 6 9 8 4 2 (Referral of application) Planning Commission Annual Rpt I'1 1 I Page 5 of 6 VI. OTHER PLANNING ACTIVITIES The Commission discussed a number of immediate and long-range planning issues in 1995. Worksessions, typically of 1.5 - 2 hours duration, were held in addition to regular items to address the following: Comprehensive Plan - Growth Area Expansion (3 work sessions) Comprehensive Plan - Land Use Guiding Principles (5 work sessions) Comprehensive Plan - Development Standards (1 work session) Comprehensive Plan - Utilities & Communities Facilities (1 work session) Comprehensive Plan - Rural Area Development Potential (1 work session) Capital Improvements Program FY1996-97 to 2000-01 ( 1 work session) Grading on Sites Without Approved Site Development Plans (1 work session) Planning Commission members also served on the following committees: Jacquelyn Huckle: Bypass Committee Rural Area Transportation Study Tom Jenkins and Katherine Imhoff.' 29 Interchange Committee Thomas Blue: Charlottesville Area Transportation Study Planning & Coordination Council Technical Committee William NitcNnann and Brace Dotson: Fiscal Impact Committee Bruce Dotson: Charlottesville Area Transportation Study VII. PLANNING ACTIVITIES FOR 1996: These activities are over and above the normal case workload and annual projects. -Emphasis will be placed on completing the final phase review and adoption of the revised Comprehensive Plan. Following that action, staffwill focus on Action Agenda studies and Zoning/Subdivision Text amendments called for by the Plan. A:\PC95.RPTo Page 6 of 6 COUNTY OF ALBEMA EXECUTIVE SUMMARY AGENDA TITLE: Juvenile Detention Facility Study SUBJECT/PROpOSAL/REQUEST: Update on Juvenile Detention Needs Assessment and Request for Proposal for Feasibility/Planning Study STAFF CONTACT(S): Mr. Tucker, Ms. White AGENDA DATE: May 1, 1996 ACTION: CONSENT AGEND~ ACTION: ATTACHMENTS: Ng.--~'~ REVIEWED BY: '~ ITEM NUMBER¢~, INFORMATION: INFORMATION: X BACKGROUND: In September 1995, the Board discussed the possibility of a new Juvenile Detention Facitity for Albemarle and Chartottesville and reviewed the needs assessment that had been prepared by a City/County team for submittal to the state Board of Youth and Family Services in October. tn December, the state Board approved the secure detention needs assessment and directed that we proceed with the development of a planning study to be subrrdtted to the state no later than August, 1996. If the feasibF~/planning studyisaccepted bythe DYFS Board, it will be submitted to the 1997 General Assembly for funding approval with possible construction of a fac'dity as early as July 1997. DISCUSSION: Due to the extremely short lime frame for submitting a feasibility/ptanning study to the state, staff plans to issue an RFP the first week of May. The feasibility study is projected to cost between $10,000 and $20,000 and will include program design and projected operatir~g costs, as well as the facir~ and site plan design. The consultants will also be asked to provide a costJbenefit analysis of alternative prngFams, including remaining at an expanded Shenandoah Valley Detention Home. and a private/public cost comparison for the operation of detention space. Although the state board is waiting unb'l the feasibility studyis completed to determinethe exact number of beds that are needed for secure detention, the current e~mate for a joint facility is approximately 40 beds. At an estimated cost of $1(30,000 per bed for a 40 bed facility, the total cost of $4 million would be reimbursed 50% by the state with a 25% share or a $1 rnillion projected cost for the County. RECOMMENDATION: This summary isfor the Board's information and does not require any acUon at this time. Staff will be bringing an appropriation request to the Board ~n June for the contracted cost of the feasibility/planning study. 96~85 George Allen Governor o, OU NTY OF ALB£MA~LE COMMONWEALTH of VtR }PA>F sue[ v,so s DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT April 11, 1996 Robert Z Skunda Secretary of Commerce and Trade Wil!iam Po Dickinson, Ir. Acting Director Dear Housing and Community Development Colleagues: we are pleased, to provide for your review and comment, a draft of the Executive Summary. of the Commonwealth's proposed Consolidated Plan. Beginning in FY 96. HUD requires a new consolidated plarming process for r. he Community Development Block Grant (CDBG) program. HOME Investment Parmership (HOME), Emergency Shelter Grant (ESG) program and Housing Opportunities for Persons with AIDS (HOPWA) program which will replace the current separate planning and application requirements wir. h a single submission of the Consolidated Plan. This Plan must be submined to and approved by the U.S. Deparrrnent of Housmg and Urban Development (HLrD) before any federal lands will be released to the Department of Housing and Communiqy Development (DHCD) for expenditure in the Commonwealth The Executive Summary, provides information relative to needs, strategies and actions for each of the above programs and is being made available for public comment. This comment period ends on May 10th. 1996. Copies of the entire draft of the proposed Plan are available as indicated in the Attachments section of the Executive Summary. A limited number of this draft will be made available. Comments and requests for cop,es should be addressed Mr. Ralph Anderson 501 N. 2nd Street Richmond, Virginia 23219 We welcome your comments and look forward to hearing from you on any matters related to information contained in the Summary or the entire draft document. William C. Shelton Deputy Director Community Development Division t.or ~,,-'"'Housing Divismn 501 North Second Street The Jackson Center, Richmond. VA 23219-1321 · (804) 371-7000 · FA)([804) 371-7090 · TTP (804) 371-7089 'Revitalizing V~r&~nms Inner Cities and Rural Communities" EXECUTIVE SUMMARY COMMONWEALTH OF VIRGINIA PROPOSED CONSOLIDATED PLAN 1996-2000 Prepared by: Virginia Department of Housing and Community Development April 11, 1996 DRAFT Commonwealth of Virginia Consolidated Plan 1996-2000 EXECUTIVE SUMMARY Table of Contents Introduction ............................................... 3 Citizen Participation ......................................... 4 State Coordination and Consultation ............................... 5 The Planning Process ......................................... 5 Summary of Housing and Homeless Needs ........................... 6 Summary of Non-housing Community Development Needs ................. 7 Summary of Housing Priorities, Strategies and Actions ................... 9 Summary of Non-housing Community Development Strategies and Actions ..... 17 Availability of the Consolidated Plan .............................. 22 Attachments Commonwealth of Virginia Consolidated Plan 1'996-2000 Table of Contents I. Executive Summary ........................................... Introduction .............................................. 3 Citizen Participation ......................................... 4 State Coordination and Consultation ............................... 5 The Planning Process ......................................... 5 Summary of Housing and Homeless Needs ........................... 6 Summm-y of Non-housing Community Development Needs ................. 7 Summary of Housing Priorities, Strategies and Actions ................... 9 Summary of Non-housing Community Development Strategies and Actions ..... 17 CDBG Objectives, Allocation and Distribution ........................ 18 Availability of the Consolidated Plan .............................. 22 Attachments H. Housing and Homeless Needs Assessment .............................. A. Housing Needs of Households Without Special Needs ................. B. Housing Needs of Homeless People ............................. C. Housing Needs of Other Special Needs Populations ................... People with Mental Disabilities ......... Elderly and Frail Elderly People ........ People with Substance Dependencies ..... People with Physical Disabilities ........ People with Developmental Disabilities .... People with HIV/AIDS .............. Migrant and Seasonal Farmworkers ...... D. Lead-Based Paint Hazards .............. IH. Housing Market Analysis ...................................... A. General Characteristics ................................. B. Inventory of Facilities and Services for Homeless People and People At Risk of Homelessness ........................... C. Supportive Housing Facilities and Services for Non-Homeless People with Special Needs .................................. D. Barriers to Affordable Housing ................................. IV ' ' .i · Honsmg strategic Plan ............... ~ ....................... A. Summary of Five-Year Strategy ......................................... B. Priority Analysis and Strategy Development ................................ C. Regulatory Barriers to Affordable Housing ................................. D. Lead-Based Paint Hazard Reduction ..................................... E. Anti-Poverty Strategy ................................................ F. Institutional Structure and Inter-Agency Coordination ........................ G. Low-Income Housing Tax Credit ....................................... H. Public Housing Resident Initiatives ....................................... V. Housing Action Plan ........................................... A. Overview ......................................................... B. Resources ....................................................... C. Housing Activities ................................................... Distribution of Funds ....................................... : ...... Meeting Priority Needs and Specific Objectives .......................... Geographic Distribution ........................................... Coordination with Low-Income Housing Tax Credits ..................... Removal of Regulatory Barriers to Affordable Housing .................... Lead-Based Paint Hazard Reduction ................................... Anti-Poverty Strategy. .............................................. Inter-agency and Public Entity Coordination ............................. D. Program Specific Requiremems ........................................ VI. Non-housing Community Development Needs, Strategies and Actions .......... A. Non-housing Community Development Needs .............................. B. Non-housing Community Development Strategies and Actions .................. C. CDBG Objectives, Allocation and Distribution .............................. VH. Summaries of Comments Received ................................. VIII. Fair Housing Certification ...................................... Appendix A: Vacancy Rates Appendix B: Homeless Shelters Appendix C: AIDS Cases by Locality 2 Virginia Consolidated Plan 1996-2000 Executive Summary Introduction Begmning in FY 96, HUD will require a new consolidated planning process for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Shelter Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) formula programs. This new process replaces the current planning and application requirements for each of these programs with a single submission or Consolidated Plan, hereafter referred to as the "Plan." Completion of this Plan is required for the Commonwealth to be eligible to receive federal funds allocated for each of these programs. The state is required to publish a summary of the proposed Consolidated Plan and give reasonable opportunity for examination of its contents and to make available to citizens, public agencies and other interested parties information that includes the amount of assistance the state expects to receive and the range of activities that 'may be undertaken. The state has elected to provide the full text of housing and non-housing priorities, strategies and actions within this surmnary rather than attempt to abbreviate information that may be important to many readers: this information appears exactly as it does in the full text of the Plan. However, the needs portion of the Plan is summarized within this executive summav]. HUD's Consolidated Plan process envisions that housing and community development planning and programming will be accomplished through a unified and comprehensive framework that will open new opportunities for collaboration and collective problem-solving. The Commonwealth of Virginia's Consolidated Plan submission is a response to this new process. The statutes for each of these grant programs set forth three basic goals: ..... Provide decent housing Assisting the homeless, retaining affordable housing stock~ increasing the availability of permanffal housing that is affordable to Iow-income Americans, increase supportive housing for persons with special needs, providing affordable housing that is accessible to job opportunities. .... Provide a suitable living environment Improving the livability and safety of neighborhoods, increasing access to quality facilities and services, revitalizing deteriorating neighborhoods, conserving energy resources. ..... Expand economic opportunities Job creation and retention, stabilization and expansion of small business (including micro-businesses), providing access to credit for community development that promotes long-term economic and social viability, and empowering low- and moderate-income persons in federally assisted and public housing to achieve self- sufficiency. The Consolidated Planning process furthers these statutory goals through a collaborative process and offers local units of government a chance to shape the various programs into effective community developmem and housing strategies to meet the needs of low- and moderate-income persons. It also creates an opportunity for greater citizen participation. Citizen Participation Prior to development of the Plan, the state adopted a Citizen Participation Plan that sets forth the state's policies and procedures for citizen participation. It was the intent of this plan to provide for and encourage citizen participation in the development of the Plan; to inform the public of the progress of the development of the Plan; to afford citizens, units of local government, public agencies and other interested parties a reasonable opportunity for comment on the contents of the Plan: and to describe the state's public hearing process and identi~ the public comment period. Five regional public hearings were held in October/November 1995 to solicit information on housing and non-housing commumty development needs and to begin to develop strategies, objectives and priorities to address these needs. The meetings were held in Warrenton, Abingdon, Lynchburg, Richmond and Hampton and were advertised in nine newspapers throughout the state; notices were mailed to the Department of Housing and Community Development's (DHCD's) list of active participants and to all local governments and Planning District Commissions. The meetings were conducted by DHCD staffwith a prepared presentation with opportunity given for open-ended questions, answers and discussion. Public input was again solicited in March 1996 at focus group sessions held in four locations throughout the state (Richmond, Abingdon, Front Royal and Hampton) on strategies, objectives and priorities. Special effort was made to encourage participation; these meetings were publicized in newspapers throughout the state and a mailing to DHCD's active participant list was especially crafted to insure that participants were fully informed about the Consolidated Planning process. Approximately 300 people attended these meetings collectively. Comments and suggestions from the public hearings and focus group meetings are contained in the last section of the Plan. A final public hearing was held in Richmond on April 1 lth, 1996 to solicit comment on the proposed draft of the Plan and to make summaries and copies of the final draft available to the public. Further comment will be solicited throughout a thirty-day comment period prior to submission of the Plan to HUD. This comment period begins April llth and ends May 10th, 1996. State Coordination and Consultation In addition to focus groups held throughout the state, a special focus group meeting was held in Richmond on April 8th to solicit input from state agencies. This meeting was attended by representatives fi.om the following agencies: Department of Labor and Industry Department of Mental Health, Mental Retardation and Substance Abuse Services Virginia Housing Development Authority The Planning Process Much of the information on housing needs was developed fi.om existing data contained in the existing Comprehensive Housing Affordability Strategy (CHAS) and supplemented with information generated as a result of comments from public meetings and focus group meetings. Other state agencies involved in the development of that data included the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services; the Virginia Department of the Aging; the Virginia Department of Social Services; the Virginia Department of Rehabilitative Services; and the Virginia Interagency Council for the Homeless. Needs for non-housing community development were generated through data available to the state, from other state agencies and through the efforts of the re~onal Planning District Commissions, who played an instrumental role in developing needs assessment data fi.om their respective localitieS. The state Department of Health, Department of Environmental Quality (State Water Control Board), the U.S. Department of Agriculture (Rural Economic Community Development) and the Virginia Water project, Inc., also played key roles in furnishing data for use in the Plan. The Plan was prepared by stalYofthe Department of Housing and Community Development. Oversight of the development process was provided by Departmental managers in collaboration with staffsupervisors and key personnel. This oversight group considered several principles as important to the development process: Use and validation ofexlsting data. Data and planning processes already exist and can be used to support the development of the Plan without inventing an entirely new process. Build on the excellent data in the existing CHAS and supplement it where appropriate. Citizen Participation, Insure that cittzens, local governments, planning district commissions, nonprofit providers and other organizations have ample opportunity for input and comment and emphasize wherever possible a genuine interest in soliciting their opinions and advice. Consultation. Insure that sister state agencies have a clear opportunity to participate and collaborate -- not just to comply with federal requirements, but to earnestly assess housing and community development planning and implementation needs. Continuity. Use the Plan as an opportunity to continually update and revise needs, objectives, strategies and priorities; identif~ concerns; and implement change. Coordination. Use the Plan as an opportunity to coordinate funding strategies and initiatives with state and federal domestic funding agencies, to facilitate service delivery, and to more capably meet needs throughout the state. Summary of Housing and Homeless Needs In Virginia, nearly one-third of all households experience housing problems (including a lack of complete kitchen or plumbing, overcrowding or cost burden). The overall rate of housing problems among remers is twice that for owners. There is little difference in the level of housing problems between extremely low-income (0 to 30 percent of household area median family income [HAMFI]) renters and very Iow-income (31 to 50 percent ~ renters -- 73 percent of extremely low-income renters and 75 percent ofvery low-income renters experience at least one of four housing problems. In Virginia, 23 percent of all owners experience at least one of the four above-mentioned housing problems. While the incidence of housing problems for renters is similar for all people below 50 percent of area median income, extremely low-income owners have a far greater incidence of housing problems than very low-income owners. This suggests that the State can effectively target its assistance to owners at the very lowest income levels. Some of the more expensive areas of the State -- including specific jurisdictions, as well as entire regions (e.g., Northern Virginia) pose particular problems for first-time homebuyers. In addition, some specific populations - including single heads of households and extremely Iow-income renters -- find it difficult to become homeowners, especially given the extensive upfront costs associated with home purchase. Among different types of households, elderly households face severe problems with poverty, which affects their ability to afford housing. Across all income groups, elderly owners have lower rates of housing problems and cost burden than all other owners. This may be because elderly owners have paid off all or a large portion of their mortgage in comparison to all other owners, and their mortgages may be for lower amounts and at lower interest levels. A key remaining problem for elderly owners may be substandard housing, especially indoor plumbing.. Homelessness continues to be a significant problem in communities across the State. At least 60,456 people were homeless in Virginia. While 54,960 were sheltered, the most conservative estimate indicates that at least an additional 5,496 people were unsheltered. Many homeless people were in families: a total of 4,666 families (including adults with children) were sheltered in fiscal year 1992, and the people in these families made up nearly half of all people served. Children are another population at risk: within the families identified were 7.825 children aged newborn to 17 years. Most (55 percent) were below the age of five. When the number of unaccompanied youth (386 children) are added to the number of children 6 in families, over 30 percent of all people sheltered were below the age of 18. In addition, many people with special needs were homeless. These include people with mental and physical disabilities, people with AIDS and unaccompanied youth. People with special needs, such as mental illness, face risks due to the decline in affordable housing and increasing competition over scarce resources. There are also many people threatened with homelessness in Virginia. The number of families living with other households in single housing umts increased nearly 90 percent between 1980 and 1990. About 4 percent of all families in Virginia (a total of about 63,158 families) lived in doubled-up households. This Consolidated Plan identifies housing needs for six special needs populations; people with mental disabilities; elderly people; people with mental disabilities; people with developmental disabilities; substance abusers; and people who have HIV/AIDS. The needs assessment indicates that these populations have two fundamental housing needs: a need for affordable, accessible appropriate housing, and a need for services to be linked to that housing in a flexible manner. Within the first area, special needs populations may require assistance with the upfront costs of obtaining housing (such as security deposits), rental assistance, locating affordable housing, and modifying housing units to make them more accessible. Within the second area, special needs populations require flexible, community-based services that can be provided within single units or in group settings, such as congregate housing developments or group homes. A key characteristic of services provision should be flexibility, so that services can accommodate the needs of a given individual or family as those needs change over time. Given difficulties that special needs populations may have in finding and retaining employment, as well as the demands placed on their incomes by requirements for services, their incomes tend to be lower than those of the population as a whole. This factor emphasizes the need for housing that remains affordable over a long period of time Migrant and seasonal farmworkers are another special, needs population identified in the Consolidated Plan. Migrant and seasonal farmworkers face tremendous poverty and are transient. placing demands on housing only for certain periods of the year. This population also has a great need for services linked to housing, including health and educational assistance. Summary of Non-housing Community Development Needs The non-housing community development needs of the state's non-entitlement localities are many. The Community Development Block Grant program, administered by the Department of Housing and Community Development, is a major source of funding which is available to meet these needs. The goal of the CDBG program ts to "improve the economic and physical environment in Virginia's communines and neighborhoods with primary focus on benefiting persons of Iow and moderate income.' The extent of need is periodically determined through a wide variety of soumes. The U.S. Census provides data on housing conditions, income and other demographic indicators, for 7 example, and a wide variety of state and federal agencies, regional planning agencies and other public and private agencies provide valuable information as well, in addition to the input received through public heatings and the focus group sessions. All of these sources were drawn upon to develop a snap-shot of non-housing community development needs for the Consolidated Plan. DHCD's focus group meetings yielded a continued concern related to the capacity building issue. DHCD has long recognized that building capacity of neighborhood organizations and community groups and the development of neW working linkages and partnerships to increase the effectiveness of economic and community development efforts is an area that warrants continued emphasis. The CDBG program has recently added a new community organizing planning grant assistance component to help neighborhood citizens and other groups to organize themselves for action to pursue development strategies that are designed with their own needs in mind. Other valuable technical assistance in both economm and community develOpment is also provided by the Center on Rural Development (CORD) in a cross-divisional effort to meet the capacity building challenge. As is the case in many states, Virginia's localities are burdened by aging community facility infrastructure with many of them in need or repair or replacement. Some localities need only the improvement of a single facility, such as water distribution or treatment, while others need a combination of both. Water supply is a major area of concern. The cost of needs in this area alone ranges from $250,000,000 to $1.6 billion and grows with each new needs survey. Sewage collection and treatment is also a major area of need. As is the ease with water systems, sewage systems are expensive ~n areas of wide population dispersal while many of the older urban systems are approaching or have exceeded their limits of wear and capacity. The Virginia Water Control Board estimated recently that needs in'this area alone exceed $3.4 billion over the next twenty years, a 400% increase since a survey recorded in 1987. Financing for water and sewer systems is becoming ~ncreasingly scarce in an era of budget balancing and cost cutting. The CDBG program, along with Rural Economic and Community Development (USDA), the Virginia Resoumes Authority (VRA) and the Virginia Water Project are the only practical resources available to meet the financing needs of the future for infrastructure. Alternative and creative financing methods must be found if localities are to be able to address these system needs. The most consistent theme in the focus group meetings on community development was the development of regional approaches to resolving infrastructure issues. DHCD will conduct a conference or series of conferences on regional issues, not limited to infrastructure, in late ~996 and early 1997. In economic development, a critical lack of facilities, services and infrastructure impact on a locality's ability to respond competitively to the needs of business and industry. Capital shortages are also an impediment to development of new and expanding industries. The presence of older, blighted commercial districts characterizes many of Virginia's smaller cities and towns as well as larger urban areas. Another area to be developed is micro enterprises. With corporate restructuring, the downsizing of the military, and decreasing opportunities for employment in traditional iob markets, the potential for micro enterprise growth demands further attention. The 1990 Census indicates that there are over 46,000 households in Virginia without indoor plumbing. These units are predominantly in rural areas with the most isolated of these areas with the highest percentages. Jurisdictions with population loss or which are l°W-growth areas have higher levels of households without indoor plumbing. The quality and affordability of Virginia's housing stock varies between urban, suburban and rural localities. The problem of large concentrations of units that can be rehabilitated in rural and small town settings is compounded by the shortage of capital in those areas. In many rural areas, the development of housing is cosily due to site and development costs. Virginia also recognizes the needs of its many neighborhoods and rural residential communities. Many of these neighborhoods have a multiplicity of needs not easily addressed. Often the impact of multiple physical needs in a concentrated area has a spill-over effect on the social well-being within these areas. Disinvestment is accelerated, homeownership is not ,as attractive and a downward spiral of decline results. Much of the data presented under the housing and community facilities sections of the Plan are also relevant to neighborhood needs in that households located in neighborhoods are a subset of all households reporting a water, sewer or housing need. Summary of Housing Priorities, Strategies and Actions The Department of Housing and Community Development is required to prepare and submit to the IJ.S. Department of Housing and Urban Development a one-year Action Plan, including priorities and strategies for implementing the following federally-funded programs: HOME Investment Partnerships (HOME) Emergency Shelter Grants (ESG) Housing Opportunities for Persons with Aids (HOPWA) The resources which are anticipated to implement the FY97 activities are listed below. These are approximate figures only. The resources are expected to generate approximately $60 million in leveraged private funds. Source of Funding Amount ESG $ 1,400,000 HOPWA $ 400,000 Other Federal $ 7,900,000 DHCD - State $11,050,000 VHDA - VHP Loan $ 5,300,000 HOME $10,900,000 DOE $ 1,970,000 TOTAL $ 38,920,000 9 DHCD proposes to implement the housing programs through partnerships with local governments, nonprofit housing providers, private, for-profit housing providers, and other state agencies including the Virginia Housing Development Authority. Meeting Priority Neerl~ and .q?mifie O~eetiven The following section describes the six priorities and strategies identified in DHCD's 1996- 2000 Consolidated Plan which will govern the State's use of housing resources. Actions identified are those that will be pursued in 1997. PRIORITY: Expand rental housing opportunities for low- and very low-income people by increasing the stock of affordable, accessible, decent rental housing and economic serf- sufficiency among tenants. 0 Strategy A. Develop, expand and promote flexible sources of rental housing funding, that support alternative construction and development methods including rehabilitation and adaptive reuse. Provide funding incentives for projects which get regulatory relief from local government. Provide cross-divisional training in DHCD and VHDA for new programs and development techniques as applicable.- Develop a plan to promote additional participation in programs by minority contractors. Increase local contributions to housing programs through outreach and application scoring factors. Continue to work with banks and other financing soumes to explore the feasibility of developing and using innovative funding techniques. Improve project feasibility on smaller projects, including nonprofit-sponsored deals or small private owner deals via flexible financing and project-specific technical assistance. Strategy B. Design, coordinate and implement housing programs that include support services to increase tenant self-sufficiency. Promote efforts which help tenants prepare for homeownership. Provide scoring incentives for projects which include tenant counseling aimed at empowerment. Promote education in maintenance of units and budgeting. Encourage use of homebuyers' clubs to prepare tenants for ownership. o Strategy C. Increase the interest of private developers and landlords in providing affordable housing and expand their capact~, to deliver and manage such housing. 10 Create tenant management and co-op training program for housing cooperatives through the Housing Training Center. Continue housing management training programs for landlords through the Housing Training Center. Strategy D. Encourage development activities which improve the safety, quality, and affordability of rental housing stock. Implement abatement activities for lead-based paint ha?ard reduction. Continue to support uniform code requirements for new construction and rehabilitation including those for accessibility improvements. Encourage use of energy conservation measures. PRIORITY: Provide support and coordinate services to meet the needs of the homeless and at-risk populations. o Strategy A: Promote and encourage hornelessness prevention activities. provide temporary rental, mortgage, utility and moving expenses to prevent homeiessness in the jurisdictions covered. Provide long term case management for families who have been homeless, graduated from transitional housing, and are currently permanently housed to prevent a m-occurrence. Re-evaluate the eligibility criteria of the Homeless Intervention Program to accommodate more access for families who are already homeless. Continue to provide training and technical assistance through interchanges, workshops, one-on-one meetings, and telephone contact. Communicate and provide training to local service providers concerning federal compliance efforts. Strategy B: Continue the provision of safe and sanitary emergency shelter which meets basic needs and provides necessary supportive services. Encourage subgrantees to locate shelters in close proximity to available services. Continue to utilize funding under the Check-Off for Housing Program for the rehabilitation of shelters, and the SHARE Expansion Program for increasing the number of service providers with comprehensi.ve self sufficiency programs. Continue to provide training and technical assistance through interchanges, workshops, one-on-one meetings, and telephone contact. Communicate and provide training to local service providers concerning federal compliance efforts. 11 o Strategy C: Increase the availability of transitional housing facilities and services. Provide technical assistance, administrative support and match funds for applications for transitional projects to the Supportive Housing Program. Continue to provide, training and technical assistance through interchanges, workshops, one-on-one meetings, and telephone contact. Communicate and provide training to local service providers concerning federal compliance efforts. Strategy D: Expand permanent housing opportunities, such as single-room occupancy dwellings, rental assistance, and rent with option to buy. Enhance the capacity of providers to create new and preserve existing housing opportunities. Provide technical assistance, administrative support and match funds for applications for permanent housing projects to the Supportive Housing Program. Publicize creative permanent housing models. Explore opportunities for providing homeownership opportunities to the homeless and/or disabled through HomeSTART or other homeownership opportunities. Continue to provide training and technical assistance through interchanges, workshops, one-on-one meetings, and telephone contact. Communicate and provide training to local service providers concerning federal compliance efforts. Review use of HOME funds for rental assistance. o Strategy E: Coordinate services and programs for homeless people. Promote consumer participation in the implementation of all State grant and loan awards, where feasible. Require grant recipients to implement a planning process which will lead to empowerment, self sufficiency and self determination by the client. Participate in the Virginia Interagency Action Council for the Homeless, which seeks to eliminate homelessness in Virginia through coordination, education and advocacy. Coordinate housing counseling training through the Training Center. PRIORITY: Expand the housing available for populations who require some level of supportive services. Strategy A: Strengthen the relationship between housing and supportive services for populations in need. Facilitate the use of DHCD housing resources for special needs housing. Provide information to State and local human services agencies about housing programs available for people seeking housing and services. 12 0 Strategy B: Expand the stock of affordable housing accessible to and appropriate for populations who require supportive services. Facilitate implementation of the Fair Housing Act and the Americans with Disabilities Act by providing or facilitating the dissemination of information to providers in the public and private sectors and encouraging accessibility in all funding programs. Support efforts for funding availability to projects making single family home modifications for people with disabilities. Strategy C: Educate local elected officials, government leaders, and community leaders about supportive housing issues and encourage action at the local level. Share information on successful supportive housing projects, in order to raise public awareness of needs of special needs populations. Identify all Federal and State funding available for supportive services housing; inform housing and service providers. Continue to provide training and technical assistance through interchanges, workshops, one-on-one meetings, and telephone contact. Communicate and provide training to local service providers concerning federal compliance, efforts. o Strategy D: Promote fair housing education for issues related to special populations. PRIORITY: Support homeownership housing opportunities for low- and very low-income people by expanding first-time buyer opportunities, preserving the existing stock, and increasing economic self-sufficiency. Strategy A. Provide flexible and continuous funding to preserve and improve existing homeowner units. Continue to fund the Indoor Plumbing/Rehabilitation Program, the Weatherization Program, and the Emergency Home Repair Program. Implement lead-based paint initiative using funding from HUD grant. Develop guidelines and systems to encourage recapture of HOME funds at the local/regional level. O Strategy B. Provide flexible and continuous funding for first-time homeownership programs. Continue to provide assistance for downpayment and closing costs for first-time homebuyers. Continue to leverage private mortgage funds, including VHDA and secondary markets, through home. ownership assistance programs. Develop guidelines and systems to encourage recapture of HOME funds at the local/regional level. 13 Strategy C. Promote and implement hoUSing quality measures as part of affordable housing programs, focusing on those associated with energy conservation, safety (including lead-based paint and indoor air quality), and indoor plumbing. Continue efforts to integrate Weathefization Assistance Program energy standards into the Indoor Plumbing/Rehabilitation and Community Development Block Grant Programs. Implement abatement activities for lead-based paint hazard reduction. Provide cross-divisional training in DHCD and VI-IDA on innovative development and rehabilitation techniques. Increase the number of heating system safety inspections through coordination with other programs (e.g., LIHEAP, IP/R). o Strategy D. Promote programs and policies for continued affordability. Encourage post-occupancy counseling on maintenance and budgeting. Adopt housing quality standards to ensure continued affordability. Develop procedures which allow for equity-sharing and recapture of HOME funds at the local/regional level. Encourage the use of sweat equity and volunteers to reduce development costs. Encourage energy efficiency analysis of existing structures. Scrutinize regulations which affect housing affordability. Strategy E. Support and coordinate activities with programs that provide adequate infrastructure (roads, water/wastewater, and utilities). Continue to coordinate Community Development Block Grant (CDBG), Indoor Plumbing/Rehabilitation Program, and Virginia Water Project resources. o Strategy F. Promote homeownership education/counseling. Continue to link the access to special financing programs, including downpayment and closing cost assistance, with homebuyer education. Encourage comprehensive housing counseling that includes home maintenance information (home systems/repairs, housekeeping and household budgeting). Provide funding for homebuyer counseling as a project-related soft cost. PRIORITY: Increase the number of housing providers in underserved areas of the State, and expand the capacity of all homing providers to deliver affordable, appropriate housing. Strategy A. Increase the number of housing providers in underserved areas. · Continue the'seed money program for nonprofits. 14 Strategy B. Increase the leadership, organizing and administrative capacity of housing providers through training and administrative funding. Ufili?e the Vh'ginia Housing Training Center (VI-ITC) to provide training, technical assistance and workshops to develop leadership skills. Continue implementation of the nonprofit administrative/capacity building program. o Strategy. C. Coordinate housing information sharing to ensure that providers at regional and local levels are aware of relevant programs, policies and resources. Explore the feasibility of establishing a clearinghouse for housing information and technical assistance information, including grants for technical assistance. o Strategy D. Encourage private sector support (individuals, foundations, and corporationsJ for housing providers. Identify ways to recognize and reward private sector participation in affordable housing. Work with the Virginia Community Development Corporation to expand State contact with the private sector. Support improved communication, information sharing and education among private, public and nonprofit communities. Strategy E. Help nonprofit housing providers become more economically self-supporting while maintaining their mission as affordable housing providers. Utilize the Virginia Enterprise Initiative to help nonprofit providers move into other entrepreneurial ventures. Develop procedures which allow for recapture of funds at the local/regional level. Strategy F. Evaluate housing provider progress towards defined goals to identify areas requiring special assistance. Conduct periodic housing provider surveys to identify areas of need. Target appropriate assistance and training to areas of need. PRIORITY: Develop partnerships at the State, local, community, and regional levels which facilitate coordinated use of resources and shared accountability. o Strategy A. Continue State agency cooperation and coordination. Expand the implementation of programs that involve intra- and interagency initiatives that seek to cooperatively address housing and supportive services needs. 15 o 0 o Strategy B. Expand and stabilize funding, and create flexible sources of. funding through public/private debt and/or equity partnerships. Explore continued coordination of funding and timeframes among housing programs. Facilitate meetings between banks and n0nprofits to promote implementation of the Community Reinvestment Act and meliorate barriers to affordable housing financing. Encourage simplification of the HOME program and ensure that DHCD programs remain streamlined. Strategy C. Educate local elected officials, government leaders, and community leaders about affordable housing needs. Participate in community forums around affordable housing needs. Continue to provide housing needs data to nonprofit organizations upon request. · Continue to hold the annual Governor's Housing Conference. Strategy D. Identify and reduce legislative and regulatory barriers to affordable housing. Encourage localities to adopt inclusionary zoning provisions. Continue to review provisions of the enabling statutes to ensure that unnecessary burdens are not impeding the creation or preservation of affordable units. Strategy E. Develop incentives to encourage better regional coordination to identify common housing issues and to address those issues through coordinated strategies. Continue to fund housing initiatives on a regional basis where capacity exists. Continue to develop capacity in underserved areas through regional cooperation. Encourage regional planning district commissions and nonprofit entities to sponsor regional housing forums to facilitate opportunities for coordination among localiOes to address local affordable housing issues. Strategy F: Create interagency partnerships for development of specific programs. Continue partnership arrangements with VHDA for promoting homeownership opportunities. Develop partnership between VHDA, DHCD, and DMHMRSAS to explore program development for special needs populations. Continue participation with the Migrant Housing Study Committee. Strategy G: Develop an interagency network for compiling needs and services infbrmation. 16 In addition to the objectives listed above, DHCD Will continue the following initiatives in FY97: Coordinate the use of funds for rental housing with the Low-Income Housing Tax Credit (LIHTC) administered by VHDA; · Take steps to reduce regulatory barriers to affordable housing; and · Promote activities which reduce the number of poverty level families. Summary of Non-housing Community Development Strategies and Actions The Commonwealth of Virginia has adopted the following Goal, Strategies and Actions to guide the investment of CDBG funds. The strategies and actions are not listed in order of priority. VIRGINIA'S COMMUNITY DEVELOPMENT GOAL: Improve the economic and physical environment in Virginia's communities and neighborhoods with primary focus on benefiting persons of Iow- and moderate-incomes, preventing and eliminating slums and blight, and meeting urgent community development needs posing a serious and immediate threat to the health, safety, and welfare of Virginia citizens. o Strategy A. Assist localgovernments in improving neighborhoods and other areas through Comprehensive Community Development Improvement programs. · Provide financial and technical support for the comprehensive improvemem of residential areas. o Strategy B. Assist local governments itt increasing business and employment opportunities through Economic Development programs. · Provide financial and technical support for the acquisition, development and rehabilitation of business and industrial sites and facilities. · Provide financial and technical support for the acquisition, development, and revitalization of commercial districts. · Provide financial and technical support for the development of microenterprise businesses. o Strategy C. Assist localgovernments in conserving and improving Housing conditions. · Provide financial and technical support for housing rehabilitation. · Provide financial and technical support for acquisition and improvement of sites and/or facilities for low- and moderate-income housing. 17 Provide financial and technical support for the acquisition of housing for low- and moderate-income persons. Strategy D. Assist local governments in improving the availability and adequacy of Community Facilities. Provide financial and technical support for acquisition of sites or rights-of-way for community facilities such as water, sewer, drainage, and streets. Provide financial and technical support for the installation, rehabilitation or improvement qf community facilities such as water, sewer, drainage, and streets. Strategy E. Assist'local governments in improving the availability and adequacy of Community Services Facilities. Provide financial and technical support for acquisition of sites and/or structures for community services facilities such as day care, transitional housing, health centers, mental health clinics, nursing homes, community, centers, and recreational facilities. Provide financial and technical support for the installation, rehabilitation, or improvement of community services facilities. National Community Development Objectives Section 104 (B) (3) of the Housing and Community Development Act of 1974, as amended, requires that any activity funded under the Community Development Block Grant program must meet at least one of the three national objectives: {1) provide primary benefit to Iow- and moderate-income persons, (2) aid in the prevention or elimination of slums and blight or, O) address an urgent community development need. In addition to qualifying each activity for CDBG assistance by national objective, each local government submitting a CDBG proposal also must choose a national objective to be addressed by ~ts project as a whole (usually the project is classified according to the national objective for which a majority of CDBG funds are projected to be spent). CDBG projects may include different activities which meet different national objectives. In order to assist applicants in determining the appropriate national objective by which to classify its project and each activity, the following definitions are given. Low- and Moderate-Income Persons - families or individuals whose household income is less than 80% of the area median household income for like size households or 80% of the median income of the entire non-metropolitan area of the State, whichever is higher. Section 8 income limits are provided for each eligible locality by DHCD. Also included as presumed to be LMI are "abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, and migrant farm workers." 18 Slum and Blight Areas - defined in the Virginia Code as "areas (including slum areas) with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community." Urgent Community Development Need - conditions which pose a serious and immediate threat to the health and welfare of the communiW. Types of CDBG Grants and Anticipated Allocation In 1996. the Commonwealth will offer the following two types of grants. Local governments eligible for Virginia's CDBG program are listed in the Program Design. Community Improvement Grants - These grants, 75% of the total allocation, will provide funds primarily on a competitive basis to eligible Virginia localities for the acquisition, construction, reconstruction, relocation, installation, and development of economic development, housing, community facility or community services facilities projects. An additional 21% of the FY 96 allocation will be used to fund prior commitments. Planning Grants - These grants provide funds on a competitive basis to eligible Virginia localities for planning purposes. DHCD is allocating up to I% for planning grants in 1996. These grants allow localities to develop needs assessments and effective strategies for solving local community development problems with emphasis on the needs of low- and moderate-income persons. Planning grants are also available to assist neighborhoods to pursue development strategies by identifying needs and actions that help citizens and others organize themselves and their neighborhood for future action. State Administration - Federal legislation allows states to use up to 2% of their CDBG allocation for administrative purposes. State Technical Assistance - Federal legislation also allows states to use up to 1% of their CDBG allocation for technical assistance programs. 19 The allocation for FY 96 is projected to be approximately $24,000,000. The following chart indicates the approximate distribution of funds for each type of' grant in addition to state administration and technical assistance. 1996 PROPOSED USE OF FUNDS * 1994 Multi-Year Housing Projects $1,709,500 ** 1995 Letters of Intent to Fund in 1996 3,345,000 Community Improvement Grants 17,985,500 Project Plannin~l Grants 240,000 State Administration 480,000 State Technical Assistance .240,000 *** TOTAL $24,000,000 * This is the amount of funds that is due for completion of four projects. ** This is the amount of funds that will be required to honor five Letters of Intent; any funds that are not used due to failure to meet the requirements of the Letter of Intent will be added te the amount available for FY 96 Community Improvement Grants. ***The actual total amount of funds to be distributed in 1996 will exceed Virginia's 1996 allocation by whatever amount DHCD collects throughout the year from program income, de, obligated funds fi-om previous years' projects, and unused administrative and technical assistance funds, if any. Virginia's CDBG Distribution Methodology The fund distribution methodology described here will be used for the Commonwealth's annual allocation of funds, as well as the reallocation of funds from previous years. After grants have been offered under one round of competition, any funds that revert to the State as a result of a locality not accepting a grant offer, funds returned due to cost under-runs or other reasons, program income returned to the State, or any unused Planning Grant, State administrative funds or technical assistance from previous years, will be held until the fund pool is large enough to offer funding to the next ranked locality on the 'current Community Improvement Grant funding list. This process of holding funds and offering grants to the next ranked locality will continue until December 31, 1996. Following that date. returned funds will be held until next years ranking list is available. At that time, the new ranking list will become the basis of all grant offers. Estimated FY 1996 Funding Availability All amounts specified are based on estimates of federal fund availability for the 1996 fiscal 20 year. Should actual amounts of funding change (either increase or decrease), proportional adjustments will be made for Community Improvement Grants, Planning Grants, State administration and technical assistance. Within the proportions &funds allocated for Community Improvement Grants, the amount of funds available for the first and second r~ounds of competition will be determined as follows: If additional funds become available, these will be applied to the first round of competition. If grant offers have been made for the first round, additional funds would be used to continue making offers from the first round ranking list. If funding for Community Improvement Grants is decreased, funds reserved for the second round will be reduced first. If additional adjustments are necessary after grant offers are made for Community Improvement Grants, cuts will be based on priority basis determined by the number of points awarded under the project rating system on the current ranking Iist. After Planning Grant offers are made no further cuts in the Planning Grant program will be made; cuts will be made from Community Improvement Grants. To the exrem possible, program income recovered by DHCD will be used to fund Planning Grants. "Letters of Intent" to Fund from Future Allocations It is a goal of the VCDBG program to time the commitment of CDBG funds to the year in which an applicant is actually ready to expend those funds. For this reason, the state reserves the right to issue '~Letters of Intent'~ to some 1996 applicants for CDBG funding from Virginia's 1997 CDBG allocation. This will be done in cases where it is apparent that, because of the timing of the availability ofothe~ funding sources or other reasons, the project will not commence for another year. Decisions to issue such "Letters of Intent" will be made during the competitive review process. Notification of L.O.I. recipients shall occur at the same time that 1996 awards are made. Letters of Intent issued for the 1997 CDBG allocation will automatically expire on April I, 1997 un/ess a recipient of such letter has executed formal agreemems with al/leveraged sources and resolved any outstanding issues by that date. No extensions of these letters beyond April 1, 1997 will be permitted. A recipient of a Letter of Intent that is unable to resolve the issue(s) that is(are) the basis of the Letter of Intent (such as meeting the funding conditions of the leverag.ed sources) must withdraw their proposal and resubmit it in 1997's first round of competition iftbey wish to be reconsidered for CDBG funding. Given the existence of a nearly infinite ntimber of potential community development projects and finite CDBG resources to address them, the Commonwealth of Virginia uses an annual competition to distribute CDBG funds to the best proposals submitted. The project seiecton system uses a point system to rank projects according to two types of criteria: Composite Fiscal Stress (CFS) and Project Impact. Composite Fiscal Stress measures certain stress factors that inhibit the ability of communities to address community development needs through their own resources. Twenty-five percent (25 %) of the points available in the scoring system are in this category. 21 Project Impact issues comprise aeventy-fivepercent (75%) of the scoring system. Under this category proposals are evaluated on the extent to which they advance the goals and objectives of the Virginia CDBG program. Both CFS and Project Impact ratings criteria are explained in the 1996 CDBG Program Design. Availability of the Proposed Consolidated Plan DHCD is required to make the proposed Consolidated Plan available for review and comment at libraries, government offices, and other public places. This requirement will be met as follows: 1. Summaries of the proposed Plan will be distributed to 91 public libraries throughout the state. These libraries are listed in Attachment A. 2 Summaries of the proposed Plan will be distributed to all units of local government throughout the state. 3 Entire copies of the proposed Plan will be distributed to each of the Planning District Commissions throughout the state. The Commissions and their addresses are listed in Attachment B. 4. Entire copies of the proposed Plan will be distributed to the State Documents Section of The Library of Virginia for further distribution to its network of "depository" libraries. These libraries are listed in Attachment C. Copies of the entire proposed dra!t will be made available upon request by calling or writing to the following: Mr. Ralph Anderson Department of Housing and Community Development 501 N. 2nd Street Richmond, Virginia 23219 804/371-7030 ATTACHMENTS A - Public Libraries B - Planning District Commissions C - State Depository Libraries 22 ATTACHNIENTA PUBLIC LIBRARIES WHERE DRAFT EXECUTIVE SUMMARY MAY BE VIEWED Patrick M. O'Brien, Director Alexandria Library 717 Queen Street Alexandria, Virginia 22314-2420 Amherst County Public Library 803 Main Street P. o. Box 370 Amherst, Virginia 24521-0370 Director Appomattox Regional Library 245 Eas~ Cawson Street Hopewell, virginia 23860 Ann Friedman, Director Arlington Co. Department of 2100 Clarendon Boulevard, Arlington, Virginia 22201 Libraries Suite 402 Barbara Burdette, Director Augusta County Library Route 250, Intersection 608 P. O. BOX 600 Fishersville, Virginia 22939 Thomas J. Hehman, Director Bedford Public Library 321 North Bridge Street Bedford, Virginia 24523-1927 ~llen Bell, Director Blue Ridge Regional Library 310' East Church Street P. O. Box 5264 Mar=insville, Virginia 24115 Stephen C. Vest, Director Botetourt County Library 2220 Blue Ridge Boulevard Roanoke, Virginia 24012 William A. Muller, III, Bristol Public Library 701 Goode Street Bristol, Virginia 24201-4199 Director Particle M. ~atfield, Director Buchanan County Public Library Rural Route 2, Box 3 Grundy, Virginia 24614-9613 Connie D. Curtis, Director Campbell County Public Library Main Street P. O. Box 310 Rustburg, Virginia 24588 Kay D. Brooks, Director Caroline Library, Inc. Ennis Street P. O. Box 9 Bowling Green, Virginia 2~427 Donna Cote, Director Central Rappahannock Regional Library 1201 Caroline Street Fredericksburg, Virginia ~2401-3798 Peggy Eppereon, Director Central Virginia Regional Library 217 West Third Street Farmville, Virginia 23901 Thurman Pugh, Director Charles P. Jones Memorial Library 406 Wes= Riverside Street Covington, Virginia 24426-3798 James C. watkins, Director Charlotte County Public Library P. O. Box 788, Route 47 Charlotte Courthouse, virginia 23923 Margaret P. Stillman, Director Chesapeake Public Library System Dept. of Lib. and Research Services 298 Cedar Road Chesapeake, Virginia 23320-5612 Robert E. Wagenknecht, Director Chesterfield County Public Library 9501 Lori Road P. O. Box 297 Chesterfield, Virginia 23832-0297 Michael W. Armstrong, Director Clifton Forge Public Library 535 Church Street P. O. Box 61 Clifton Forge, Virginia 24422-0061 Bruce N. Hansen, Director Colonial Heights Public Library 1000 Yacht Basin Drive Colonial Heights, Virginia ~3834 Barbara ~cton, Director Culpeper Town and County Library 105 East Mason Street Culpeper, Virginia 52701-3215 Ann M. Kinsey, Director cumberland County Public Library Route 60, P. O. Box 98 C~mherland, virginia 23040-0098 Denise Johnson, Director Danville Public Library $11 Patton Street Danville, Virginia 14541 W. Robert Keeney, Director Eastern Shore Public Library 23610 Front Street P. O. Box 360 Accomac, Virginia 23301-0360 Bess Halle, Director Essex Public Library General Delivery, Tappahannock, Virginia Highway 22560 I7 Edwin $. Clayf III, Director Fairfax County Public Library 1313~ Lee Jackson Highway, Suite Fairfax, Virginia 22033-1907 301 Haria C. Del Rossc, Director Fauquier county ~ublic Library 11 Winchmster street Warrenton, Virginia 22186 Lilli Turtle, Director Fluvanna County Library P, O. ~ox 543 Route 15, S. Carysbrook Fork Union, Virginia 23055 David E. Bass, III, Director Franklin County Public Library 138 East Court Street Rocky Mount, Virginia 24151 Laura A. Rryant, Director Galax - Carroll Regional Library 608 West Stuart Drive Galax, virginia 24333 Nancy Dwoyer, Gloucester Library Main Street P. O. Box 367 Gloucester, Virginia 23061 Sarah Jean Hudson, Director Halifax Co. S. Boston Reg. 161 South Main Street P. O. Box 1729 Halifax, Virginia 24558 Lib. Douglas Perry, Director Hampton Public Library 4207 Victoria Boulevard Hampton, Virginia 23669-4243 Trish Ridgeway The Handley Regional Library P. O. Box 58 100 West Picadilly Street Winchester, Virginia 22604 Gerald McKenna, Director Henrico County Public Library 1001 North Laburnum Avenue P. o. Box 27032 Richmond, Virginia 23223 Alan M, Bernstein, Director Heritage Libra~y 9001 Boulevard P. o. Box 6 Providence Forge, virginia 23140-0008 Mary S. Richardson Highland county Public Library Water Street P. O. Box 519 Monterey, Virginia 24465 Brian Armontrout, Director J. Robert Jamerson Memorial Library 106 Main Street P. O. Box 789 ADpomattox, Virginia 24522 Marshall Bullock, Direotor James L. Hamner Public Library Virginia and Church Streets P. O. Box 298 Amelia, Virginia 23002 Do~na M. Selle, Director Jefferson - Madison Regional Library 201 East Market Street Charlotteeville, Virginia 22902-5287 Susanna collins, Director Lancaster Community Library 235 School Street P, o. Box 850 Kilmarnock, Virginia 22482-0850 Rita D. Schepmoe$, Director Lewis Egerton smoo= Memorial General Delivery 9533 Kings Highway King George, Virginia 92485 Library Jennie Adams, Director Lonesome Pine Regional Library 1~4 Library Road, S.W. P, O. Box 1379 Wise, Virginia 24293-1379 Director Loudoun County Public Library 102 ~eritage Way, N.E. Suite 103 Leesburg, Virginia 22075-4544 Lynn L. Dodge, Director Lynchburg Public Library 2315 Memorial Avenue Lynchburg, Virginia Z4501 Linde owinge, Director Madison County Library, P. O. Box 243 Madison, virginia 22727 Deane C. Dierksen, Director Mary Riley Styles Public Library 120 North Virgimia Avenue Palls Church, Virginia 22046~3354 Martha Story, Director Mathews Memorial Library Main Street P.O. Box 980 Mathews, Virginia 23109 'at Ward, Director [eherrin Regional Library 33 West Hicks Street awrencevilla, Virginia 23868 Paula Greenwood, Director Middlesex County public Library P. O. Box 189 Urbanna, Virginia 23175 Karen W. Dillon, Director Montgomery Floyd Regional Library 125 Shelt~an Street Christiansburg, Virginia 24073-2933 Izabela M. Cieszynski, Director Ne~ort News Public Library System 2400 Washington Avenue Newport News, Virginia 23607 Sally Reed, Director Norfolk Public Library Kirn Memorial Library 301 East City Hall Avenue Norfolk, virginia 2~510-1776 Nancy S. Pierce, Director Nottoway County Public Library St. Rd. 625 Nottoway, Virginia 23955-9999 Fran Freimarck, Director ~amunkey Regional Library P, O. Box 119 Route 301, North Hanover, Virginia 23069-0119 Wayne M. Crocker, Director Petersburg Public Library 137 South Sycamore Street Petersburg, Virginia 23803 Betty H. Dunaway, DirectoI Northumberland County Public Library P. O. Box 200, Route 360 Lottsburg, Virginia 22511-0200 Esther A. Blythe, Director Orange County Public Library 127 Belleview Aven~e Orange, Virginia 22960-1498 Sandra V. Robertson, Direotoz Pearisburg Public Library 112 Tazewell Street Pearisburg, virginia ~41~4-1646 Martha c. Bruning, Directo: Pitteylvania County Public Library P. O. Box 1049 24 Military Drive Chatham, Virginia 24531 ~Elizabeth S. Tai, Director Poquoson Public Library 774 Poquoson Avenue Poquoson, Virginia 23662-1628 Dean Burgess, Director Portsmout~h Public Library 601 Court Street Portsmouth, Virginia 23704-3604 Shirley G. 8radbury, Director Powhatan County Public Library P. O. Box 326 3908 old Buckingham Road Powhatan, Virginia 23139 Richard W. Murphy, Director Prince William Public Library Syste! Administrative Support Center 13083 Chinn Park Drive Prince William, Virglnla 22192-$0~3 Duncan Parsons, Director Pulaski County Library 60 West Third Street ~ulaski, Virginia 24301 R. Iris Brammer, Director R. Iris Brammer Public Library 109 Mary Street Narrows, Virginia 24124 Ann H, Fisher, Director Radford Public Library 30 First Street Radford, Virginia 24141 Patricia Holmes, Director Rappahannock County Library P. O. Box 55, Route 211 Washington, Virginia 22747-0055 Robert N. Costa, Director Richmond Public Library i01 East Franklin Street Richmond, Virginia 23219 Director Richmond County Public Library East Richmond Road ~. O. Box 318 Warsaw, Virginia 22572 M. Emily Keyser, Director Roanoke City Public Libraz~ 706 South Jefferson Street Roanoke, Virginia 24016-5191 Spencer Watts, Director Roanoke County Public Library 3131 Electric Road, S,W. Roanoke, Virginia 24018-6496 Linda L. Krantz, Director Rockbridge Regional Library 138 Sou~Main Street Lexington, Virginia 24450-2316 Nickl M. Lynch, Director Rockingham Public Library 45 Newman Avenue Harrisonburg, Virginia 22801-4001 Charlotte Duty, Director Russell County Public Library 203 Northwest Main Street P. o. Box 247 Lebanon, Virginia, 24~66-0247 Janis C. Augustine, Director Salem Public Library 28 Bast Main Street Salem, Virginia 24153 Kim L. Bean, Director Samuels Public Library 538 Villa Avenue Front Royal, Virginia 22630 David L. Steinberg, Director Shenandoah County Library 300 Stoney Creek Boulevard Edinb%hrg, Virginia 22824 William A. Goodrich, Director Smyth - Bland Regional Library 118 South Shelley Street Marion, Virginia 24354-2524 Thomas C. Emory, Jr., Southside Regional Library Washington Street P. O. Box 10 Boydton, Virginia 23917 Direc=o~ Ruth Arnold, Director Stauntcn Public Library 1 churchville Avenue Staunton, virginia 24401 Lydia Bergman, Director Strasburg Community Library 121 West King Street Strasburg, Virginia 22657 Elliott A. Drew, Director Suffolk Public Library System Morgan Memorial Library 443 West Washington Street Suffolk, Virginia 23434 L~urie Surface, Director Tazewell County Public Library 310 East Main Street P. O. Box 929 Tazewell, Virginia 24651-0929 Martha J. sims, Director Virginia Beach Dept. of Pub. Libraries Municipal Center, Suite 110 2425 George Mason Drive Virginia Beach, Virginia 23456 Bill Brown, Director W. C. Rawls Library and Museum 22511 Main Street P. O. Box 310 Courtland, Virginia 23837 Charlotte Lewis, Director Washington County Public Library Oak Hill and Valley Streets Abingdon, Virginia 24210 Dorothy Anne Reinhold, Director Waynesboro Public Library 600 South Wayne Avenue Waynesboro, Virginia 22980-4899 Patsy J. Hansel, Director williamsburg Regional Library 515 Scotland Street Williamsburg, Virginia 23185-3625 T. Michael Gilley, Director Wythe - Grayson Regional Library 147 South Independence Avenue P, O. Box 159 Independence, virginia 24348 ATTACHMENT B PLANNING DISTRICT COMMISSIONS WHERE THE DRAFT OF THE PROPOSED CONSOLIDATED PLAN MAY BE REVIEWED Governor COMMONWEALTH of VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT VIRGINIA PLANNENG DISTRICT COMMISSIONS Robert T. Skunda Secretar,/of Commerce and Trade David L. Cal3rara Directo~ DISTRICT 1 M~. Ronald Flanary, Executivc Director LE/q'OWISCO Planning Disltict Commission Post Offic~ Box 366 Dufficld, Virginia 24244 703-431-2206 FAX: 703-431-2208 Chairman: Jsmes E. Jennings, Acting DISTRICT 2 Mr. Andrew Chafin, Ex~:ufive Director Cumt~rland Plateau Planning District Commission Post Office Box 548 L~banon, Virginia 24266 703-88%t778 FAX: 703-889-5732 Chairman: Jeff Coleman DISTRICT 3 Mr. Thomas Taylor, Executive Director Mount Rogecs Planning District Commission 1021 T~rrae~ Drive Marion, Virginia 24354 703-783-5103 FAX: 703-783-6949 Chairman: Paul HuHey DISTRICT 4 Mr. David Rundgrea, Executive Director ~cw Rivet Vallcy Planning Dis~ct Commission Post Offie.~ Box 3726 Radford, Virginia 24143-3726 703-639-9313 FAX: 703-831-6093 Chairman: Joseph Sheffey DISTRICT 5 Mr. Wayne Strickland, Executive Director Fifth Planning District Commission Post Offic~ Box 2569 Roanoke, Virginia 24010 703-343-4417 FAX: 703-343-4416 Chairman: Wendy Wingo DISTRICT 6 Mr. William Strider, Executive Director Central Shcnandoah Planning District Commission Post Offi~ Box 1950 Staunton. Virginia 2440 l 703-885-5174 FAX: 703-885-2687 Chairman: Douglas C. Wine DISTRICT 7 Mr. Thomas J. Christoffel. Executive Director Lord Faiffax Planning District Commission 103 East ~x'th Street Front Royal, Virginia 22630 703-636-8800 FAX: 703-635-4147 Chairman: Joy IL Shull DISTRICT 8 Mr. Mark Gibb, Executive Director Northern Virginia Planning District Commission 7535 LiRI¢ River Turnpike, Suite 100 Annandale, Virginia 22003 703-642-0700 FAX: 703-642-5077 Chairman: Thomas Davis Rust DISTRICT 9 Mr. Richard B. Stroemptc, Executive Director Rappahannoek-Rapidan Planning District Commission 211 Waters Place Culpeper, Virginia 22701 703-829-7450 FAX: 703-829-7452 Chairmam Jane Walker DISTRICT I0 Ms. Nancy O'Bfien, Executive Director Thomas Jefferson Planning District Commission Post Offi~ Box 1505 Charlott~ville. Virginia 22902 804-972-73 I0 FAX: 804-972-1597 Chairman: Katherine E. Slaughter 501 Nortt~ Second Street. The Jackson Center, Richmond, VA 23219-1321 · (804~ 371-7000 · FAX [804~ 371-7090 · 3W'p (80,B 37~,-7089 DISTRICT 11 M~. Dennis E. Oragg, Executive Director Central Virgmia Planning District Commission 915 Main Street. Suite 302 Lynchburg, Virginia 24505 804-845-3491 FAX: 804-845-3493 Chairman: James C. Curling DISTRICT 12 Mi'. Robert W. Dowd. Executive Director West Piedmont Planning District Commission Post Office Box 1191 One Starling Avenue Mattinsville. Virginia 24112 703-638-3987 FAX: 7034538-8137 Chairman: W. Wayne Angell DISTRICT 13 Ma, $oyee French. Executive Director Southsidc Ptanning District Commission Post Office Box 150 i23 South Mecklenburg Avenuc South Hill. Virginki 23970 804,447-7101 FAX: 804447-5064 Chairman: Marilyn Branuner OlSTglCT t4 Mr. Jeck Houghton, Executive Director Piedmont Planning District Commission 102~A High Street Famaville, Virginia 23901 804-392-610~ FAX: 804-392-5933 Chairman: Charles Dodson DISTRICT 1.5 Dr. James R. Hassinger, ExecutivcDirector Pdehmond Regional Planning District Commission 2104 W. Labumum Avenue, Suite 101 R/ehmond, Virginia 23227 804-3584684 FAX.' 804-358-5386 Chairman: Raymond J. Klotz, Jr. ]DISTRICT 16 Mr. Stephen H. Monster, Executive Director RADCO Planning District Commission Post Offi~ Box 863 $12 Lafaye~ Bom,~vard Fredericksburg, Virgini~ 22401 703-373-2890 FAX: 703-899-4808 Chairman: B. Jerry Marcus DISTRICT 17 Ma. Joyce Bredford-Finnegan. Executive Director Northern Neck Planning District Commission Post Office Drawer H Callao. Virginia 22i135 g04-$29-7400 FAX: 804-529-5g07 Chairman: Betty Barrack DISTRICT 18 Mr. Dan Kavanagh, Executive Director Middle Peninsula Planning District Commission Post Office Box 286 Saluda. Virginia 23149 804-758-2311 FAX: 804-758-3221 Chairman: James F. Moore DISTRICT 19 Mr. Dennis K. Morris. Executive Director Crater Planning District Commission Post Office Box 1808 1964 Wakefield Street Petemburg, Virginia 23803 804-861-1666 FAX: 804-732-8972 Chairman: James B. McNeer DISTRICT 22 Mr. Paul Berge, Executive Director Aeeomack.Northampton Planning District Commission Post Office Box 417 Aeeomac, Virginia 23301 804-787-2936 FAX: 804-7874221 Chairman: Thomas H. Dixon. Ill DISTRICT 23* Mr. Arthur L. Collins, Executive Director Hampton Roads Planning District Commission 723 Woodlake Drive Chesapeake, Virginia 23320 804..420-8300 FAX: 804-5234881 Chairman: Alarl P. Kmsooff VIRGINIA DEPARTMENT OF HousING AND COMMUNITY DEVELOPMENT Division of Community Development FAX: 804-371-7093 * Effective Ju]y 1, 1990, planning districts 20 and 21 were merged to form the Hampton Roads PDC, planning district 23. The Code of Virginia makes certain requirements of The Library of Virginia regarding the acquisition, distribution and record-keeping of publications issued by state agencies. These obligations are summarized below: 1, The Library of Virginia shall serve as the official, legal depository for all state publications. In addition, the Code mandates the Library to oversee a network of "depository" libraries which also maintain extensive collections of state publications in order to assure accessibility of these materials to citizens throughout the Commonwealth. To fullfil this obligation, all state agencies must send twenty (20) copies of all publications to the Library at the time they are published. 2. The Library of Virginia shall annually publish a list of all state publications that are available to the public or to other state agencies. 3. The Library of Virginia shall collect information concerning the cost and quantity of state publications. The required m~mber of copies (20) of the proposed Consolidated Plan have been sero to the State Documents Section of The Libary of Virginia for distribution to their network of "depository" libraries in compliance with the Code of Virginia. The locations and addresses of these libraries are attached. V[r~ni:i ,State Docmnents DepositoLw Libraries Clinch Valley College Addr~s: Clinch Valley Coilete Joim Cook Wvllie Libraw Coil*g, AV*nu* Wis*, VirEi~'nia 24293 Chesapeake Pubiic Library. Address: Che~a~eak, Public LiLa'ary Central Library 298 Cedar Road ~esa~,ak,, Virgini~ 23320-5512 College of W'fltkam and Mary Address: College of William and Mary. Earl Gregg 5wem Lib,-ary Box 8794 WilIiamsburg, Virginia 231.8%8794 George Mason University C-eorge Mason University F*n,a~ick Library &tOO Unive~ity Drive ?aiffa~ Vir84:nia 2'2030- f ATTACHMENT C LIBRARII~S WHERE THE ENTIRE DRAFT OF THE PROPOSED PLAN MAY BE REVIEWED Jame~ Madison University Address: C~er Li~7 The ~brary of .~d~rexs: ~e Lib~ r?t'Vir~m~ lic~ond. Virgim* Z ~ 2 t 9 ~ngwood College Addr~: ~ood ~n~ood College Libra' F~ville, Vir~nia 23909 Ma~ Was~ngton Co~e S mp~n I.ibr~ I80I College Avenue Fmd~hc~b~ Virginia. 22401-t664 Old Domtnmu Universi~ Addr~: Old Dominion Univ~i~ Lib~ N~o~ Vkgmia 25529-0256 ~dford University McCam, tl Libr~ P.O. Box 6gg I U~ersi~ of Virginia Add.ss: ~niwrsi~s' ofVirgim a Aide-mm Library Ch~rlot~'ville, Virginia 2290~-2a.98 Vtr~ia Commonwealth University Addr~s: Virginia Cocauuonv,'ea;tfi TSaivers~' .Tames Branch Cabell Librar?' P.O. Box g~2033 ~c~o~ V~a 23284-2033 Vlrgm/a Pols~cechnk Institute and State University Virginia Polytoclmic bm't/rolo mad State Univeraity University Libraries P.O. Box 90001 Bta~ksburg, Vi .rgmia 240620001 Library of Congress Address: Library of Congress F~tchange and Gig' Division Sta~, Doctmaents Section 10 Fi~ S~eet SE W~on. D.C. 205-I0 COUNTY OF ALBEMARLE' i, AGENDA TITLE: FY 97 Bright Stars Four-Year Old Program EXECUTIVE SUMMARY SUBJECT/PROPOSAL/REQUEST: Information on the proposed Bright Stars Four Year Old Program for FY 1996-1997. STAFF CONTACT(S): Mr_ Tucker Ms. White AGENDA DATE: May 1, 1996 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ~F~ ~D OF SUPERViSOgS ITEM_ NU MB_ E_.ffR;/ INFORMATION: INFORMATION: X BACKGROUND: During the final budget work sessions, the Board approved funding for a second Bright Stars program for FY 1996-97. At that time the Board also asked staff to look into the possibility of opening a third four-year old program, since state funds are available to serve an additional 32 at-risk children. The local contribution for operating a full year program is $39,405 with a matching contribution from the state of $33.560 based on our composite index. DISCUSSION: Staff met with school staff from Greet and Agnor-Hurt Elementary schools, as well as Al Reaser, Director of Building Services, to determine the possibility of opening and operating a four-year old program either within or adjacent to the respective schools. These two sites were selected because the urban area of the County has the highest concentration of at-risk four-year olds that are not served by any other program. Yancey Elementary already has a Headstad program, Crozet may be able to house the Yancey Mills Headstart program in another year, and the children in the Red Hill and Cale school districts can be served by MACAA's Head Start program in the City. Aifhough both principals have expressed a strong desire to have a four-year old program located at their school site, only Greer has potential space for the coming year. Fulton Marshal/ Greer principal, feels that a classroom within the school building will be ava~able in the fall, if incoming pupil numbers remain fairly level. However, should the enrollment n umbers jump in the fall, the extra classroom would not be available. Faced with that stiuation, a trailer or "learning cottage" similar to the one at Stone Robinson, would need to be installed adjacent to the school building. The additional cost for this type of trailer would be approximately lhe same as Stone Robinson, $26,000-$36,000 for the trailer and $10.000 to $15,000 for the site work, or a total additional cost between .$36,000 to $51,000. Set up and trailer costs for the Stone Robinson program were $37.000. Agnor-Hurt does not have any available space at this time. since two classrooms are now being used for the pre-school handicapped program that up until last year was located at Woodbrook. However, with the renovation and expansion of Woodbrook in FY 96/97, the preschool program could be transferred back to Woodbreok. which would open up an extra classroom at Agnor-Hurt for the third Bright Stars program to begin in September, 1997. RECOMMENDATION: This summary on the planned Bright Stara program at Gmer Elementary is presented to the Board for information only and does not requke any action by the Board at this time. However. staffwants the Board to understand that depending on enrollment additional start-up costs between $36.000 and $51,000 may be involved in seeing up a Bright Stars program at Greer Elementary, Ifthe Board would be willing to appropriate the additional funding should it become necessary, staffwill proceed with preparations for the program to open at Greer in September 96. 96.074 cc: Diane T. Ippolito Fulton W. Marshall. Jr. ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: February 1996 Financial Report SUBJECT/PROPOSAL/REQUEST: February 1996 Financial Report for the General and School Funds STAFF CONTACT(S): Ms. White, Messrs. Tucker, Breeden, Walters AGENDA DATE: May 1 1996 ACTION: CONSENTAGEND~ ACTION: ATTACHMENTS: Yes INFORMATION: X BACKGROUND: Attached is the February 29, 1996 Monthly Financial Report for the General and School Funds Projected General Fund revenues were revised as of December 31 1995. Total General Fund revenues are projected to exceed appmpdaiions by $2.149.074. The projected increase is pdmadly due to higher than anticipated real estate tax, personal property tax, and interest revenue collections. Projected General Fund expenditures have not been revised at this time. Projected School revenues were revised as of January 31, 1996. The February 1996 School Finandml Report was presented to the School Board on Apd122, 1996. Projected School expenditures were revised in October to reflect the School Board 7.5% holdback policy. The holdback will remain in effect until all the costs of the recent weather disturbances have been determined, RECOMMENDATION: Staff recommends the acceptance of the February 1996 Financial Report. 96FEBRPT.WPD 96.977 cCC 0000000000101 U~O ~ z~ ~z~ Z ~ ~Ozr~ ~ ~ ~ < Oo~z ~ ~ ~ =z=z_w z;~o ~ ~ ~000~ 0 ~ ~ ~000~ ~ ~000~ LLI ~,OUNTY OF ALBEMARLE COMMONWEALTH of VIRGIN °A' D OF SUPER¥,SORS DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND 23219 J.T. MILLS DIVISION ADMINISTRATOR April 18, 1996 Route 29 Project: 6029-967-F01, PE-100 Federal Proj.: DPS-037-2(120) Desc.: U. S. 29 Corridor Development Study Counties of Albemarle, Greene, Orange, Madison, Culpeper, Rappahannock, and Fauquier. Towns of Culpeper, Orange, Madison, and Remington. Clerk of the Court Albemarle County 401 McIntire Road Charlottesville, VA 22902-4596 Attached is a REVISED PUBLIC NOTICE and map advising of a proposed highway ~mprovement project. Should you desire additional information or have any questions or comments concerning this highway matter, please refer to the captioned project number and description when you contact this office. Sincerely, R. L. Chwo~dak for Location & Design Division WE KEEP VIRGINIA MOVING DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRQINIA DEPARTMENT OF TRANSPORTATION 1601 -ORANGE ROAD CULPEPER. 22701-3819 DONALD R. ASKEW April 24, 1996 Project 6029-967-F01,PE100 Fed. Proj: DPS-037-2(i20) Desc: U.S. 29 Corridor Development Study Counties of Fauquier, Greene, Albemarle, Culpeper, Madison, Orange and Rappahannock Towns/City of Madison, Culpeper, Orange, Remington, Warrenton and Charlottesville Members Albemarle Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 Dear Board Member: The following Citizen Information Meetings will be held for the subject project. The time,is 6:00 p.m. to 10:00 p.m. each day. Wednesday, May 15, 1996 - Madison County High School, on Route 29 near Madison Monday, May 20, 1996 - Liberty High School, at the intersection of Routes 17 and 28 at Bealeton Tuesday, May 21, 1996 - William Monroe High School, 5 Monroe Street, Stanardsville Wednesday, May 22, 1996 - Lane Auditorium, Albemarle County office Building, 401 McIntire Road, Charlottesville The meetings will be a combination of open forum and panel discussion. Throughout each evening, displays will be on hand; and Department and consultant personnel, as well as members of the Route 29 Steering Committee will be available to address specific questions. At 7:00 p.m. each evening, a panel of Department, consultant, and steering committee members will take and respond to questions from the audience. Court reporters will be available to take individual comments. Written commentswill be accepted also. A copy of the notice/map is enclosed. Sincerely, Donald R. Askew TRANSPORTATION FOR THE 21ST CENTURY Counties of Albemarle, Greene, Orange, Madison, Culpeper, Rappahannock, and Fauquier and the Towns of Culpeper, Orange, Madison and Remington ~ormation/Par ticipation Meeting~) Meetings will be held from 6:00 pm until 10:00 pm: 1.Wednesday, May 15, t996 2. Monday, May 20, 1996 Madison County High School Liberty High School intersection of Routes 17 & 28 in the Bealeton community on Route 29 near the Town of Madison 3. Tuesday, May 21, 1996 4. Wednesday, May 22, 1996 W/lI~i Mo~c~ High Sch~] 5 Monroe Street Town of Stanardsville .~db~av~_r!e CotmW Office Bu/lding Lane Auditorium 401 Mclnfire Road in the City of Charlottesville .Format: The meetings will be a combination of open forum and panel discussion. Displays will be available between 6:00 pm and 10:00 pm for your review. The panel discnssion will begin at 7:00 pm and conclude at 10:00 pm. The panel will consist of VDOT representatives, consultant personnel and members of the Route 29 Steering Committee. Speakers must register prior to 7:00 pm at each meeting and will be allowed three minu~es in which to ask questions of the panel. Comments: Oral comments will be recorded at the meetings. Writ- ten comments and other exhibits relative to the pro- posed project may be submitted at the meetings or sent to th~ Department at any time within 10 days after the meeting. Special Assistance: If you require additional information or special assistance to attend and participate ia this meeting please contact: Culpeper District Administrator: 540-829-7500 Charlottesville Residency: 804-293-0011 ** Culpeper Residency: 540-829-7616 Warrenton Residency: 540-347-6441 ** Device for the Hearing Impaired (TDf): 1-800-307-4630 ~ Virginia Department of Transportation Project: 6029-967-FOL PE-100 *** Federal Project: DPS-037-2 (120) WARRENTON .FAUQUIER CULPEPER ./......j' I ORANGE :HARLOTTESVILLE ALBEMARLE NORTH NOTTO SCALE STATE PROJECT: 6029-967-F01, PE-100 FEDERAL PROJECT: DPS-037-2 (120) VIRGINIA DEPARTI~/IENT OF TRANSPORTATION DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTM£NT O~ 701 VDOT WAY CHARLO~ESVlLLE 22911 A~Z 2~, Z996 A. G. TUCKER RESIDENT ENGINEER Current Projecms ConsTruction Schedule MS. Ella W. Carey, Clerk Board of Supervisors County Office Building 401 McIntire Road Charlottesville, VA 22901 Dear MS. Carey: Attached find the monthly update on highway improvemen£ pro]ecns currently under constructzon in Albemarle County. Please see that this information is forwarded £o the Board of Supervisors members. I will be prepared ~o discuss this masner with them at the hex5 meetinG- if they so desire. Sincerely, ~smk attachment cc: R. W. Tucker, Jr. w/attachment David Benisb w,'attachment TRANSPORTATION FOR THE 21ST CENTURY Projects Under Construction Albemarle County May 1, 1996 Route Location Status Estimated No. Comp. Date 29 From Hydraulic Rd. (Rte. 743) Construction 99% Complete Jul 96 To N, of Rio Road (Route 631) 240 Route 240 Bridge Replacement Construction Complete Near int. Route 250 29 From N. of Rio Road (Route 631) Construc~:,~on 53% Complete May 97 To S. Fork Rivanna River 671 Bridge Replacement Construction Complete At Millington 682 ' From Route 250 to Construction 5% Complete Dec 96 1.7 Mi. S. Route 787 20 Right Turn Lane - Route 53 Construction Started April 1996 Jul 96 ** @ Int. Route 20 * Revised Date ** New Project David P. Bowerman Charlotte Y. Humphris Forrest R. Marshall. Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804) 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Waiter F. Perkins Sal]~ H. Thomas TO: Board of Supervisors FROM: Ella W. Carey, Clerk, DATE: April 26, 1996 SUBJECT: Reading List for May 1, 1996 November 3, 1993 - pages 26 - 37 (Item g22) - Mr. P~ins--F~.~- pages 37 (Item #22) q end - Mr. Martin March 22, 1995 - Mrs. Thomas April 9, 1996 - Mrs ~umphris EWC: mms Printed on recycled paper Form. 3 7/25/86 Charlottesville-Albemarle .Metropolitan Planning Organization FO Box 1505, Charlottesville, VA, 22902 Phone: (804) 979-7310 Fax: 979-1597 April 8, 1996 Mr. lames Browder, Chief Engineer Virginia Department of Transportation 1401 East Broad Street R/chmond, VA 23219 Dear Mr. Browder: Enclosed is a record of the comments developed by the Route 29 Design Study Citizens Advisory Committee regarding the four alternatives presented at the M'arch 11, 1996 public information meeting of the study. While there was not sufficient time for the committ~ to arrive at complete consensus on all Il: e features desired, there have been many points of agreement such as the Committee's Design Criteria (enclosed). In addition, there seems to be an agreement that no single alternative for the roadway MIl satisfactorily meet the Criteria, but rather a combination of all four may be needed as outlined in the opinions of the Committee and comments fi-om the public. The reports of each member represent significant efforts to com. municate with local communities and obtain complete information about concerns and preferences. Although not all committee members can endorse each point in this report, we are respectful of a~.the.opinions rendered and ask for serious consideration of each statement. Thank you in advance for your sensitivity to the needs of this community in arriving at a decision on an alignment. We Iook forward Io conlinuing our work with 3'our excellent staff'as the study progresses, and would like Io Take ~his opponun~y Io commend Ms. Patsy Napier in particular for all her hard work wilh us. Her patiem, straightfoBvard, and kind demeanor coupled with her quick response to questions and concerns has greatly facilitated the success of the commitlee's work to date. ~be~ ~rland, Chamnag Rou~e 29 Bypass Design. Citizens Adviso~ Co~ittee Charlot~esv~lle-~bemarle: (etropohtan PlanNng Orgamzation CC: Mr. William Roudabus?., Commonwealth Transportation Board Mr. Carter Myers, Commonwealth Transportation Board Mrs. Charlotte Humphris, Chair, and Members of the Charlottesville-Albemarle MPO Members of the Albemarle County Board of Supervisors Members of the Charlottesville City Council Route 29 Bypass Design Mternatives: MPC Citizens Advisory Committee Comments 4/896 P5 I Section 1: Arorlh Grom~ds Com~eclor O~mp of sectio~s is attached) Report: Pete Anderson, U~iversity of ~?rginia 'The preference for the North Grounds Connector is for a two-lane facility with tight radii, curves, and T- intersections at the ramps. The road should be depressed as much as possible as it passes by the Darden School. The overall goal for the design of this section is to slow traffic down with visual and physical cues which identify, it as a local street separate from the bypass. It is suggested the name. be-changed from "Connector" to something more indicatike of a local street. Section 2: South lnterchw~ge and North Grounds Connector Report: Opal David & Jim Couch, University Village Of the two choices, Alternative 2 is preferable, primarily because it has a tighter turr~ng.radius which will slow traffic and take less land. Noise impacts of the section in the ravine between University Village and the Darden School should be carefully studied, and landscaping should be planned to help buffer visual and noise impacts. Ifa third alternative is developed which better addresses the weavSng situation on the Route 250 bypass, the features identified abore should be maintained. It is preferable to avoid creating a high bridge, so the strategy of lowering the Rt 250 bypass as much as possible (identified in Al/erative 1) should be employed. Lights at the south interchange should be selected and designed to avoid glare into the adjacent neighborhoods and light pollution of the nearby Observatory. It is noted that no lights will be Iocated along the len~h of the bypass, only at. the south interchanges, and, if needed, the north interchange. Safety ~s a primary concern for the South Interchange and Norlh Grounds Connector, as it is anticipated many young drivers (University students) ma)' use this section. Sectio. 3: So~tth h~[ercho~ge to Col~hJirs[ h~or#~er~ side.) Southern Interchano_e Alternative 1 (similar io that presented by the Canterbury ~lls Neighborhood Association) is the preferred design for Ihe. reasons Iisled below. The northbound flyover ramp closest to Canterbury Hills is 450 feet away in Alternative 1 versus only 220 feet in Alternative 2. In addition, this ramp would appear to be about 10 to 20 feet lower m Alternative 1, thus resulting in less noise and negative visual impacts to all four quadrants of surrounding properties. All of the new ramps in Alternative 1 would be further away (at their closest points) from St. Anne's Belfield than in Alternative 2 In addition; these ramps would be lower in Alternatives 1 than in 2. The existing Rt 29/250 bypass would be lower and further away from both Canterbury Hills and St. Anne's Belfield in Alternatives 1. In addition, by lowering and shifting the existing 29/250 Bypass, the grade and curve of this road would be improved. Although the northbound merge distances in Alternative 1 are shorter than in Alternative 2, the southbound merge distances are longer (1,050 feet vs. 650 feet). There will be higher merge speeds on the southbound side and just as many merge options. Possibly a final design similar to Alternative 3 (not ,~Route _.,9 B)qoass Design Alternatives: Xff'O Cmzens Advisory Comnmtee Commems.4/~&96 P~ '; 5'et seen by the pul?lie) could address these Although Alternative t pushes closer to University Village, the closest point in still some 500 feet away and the relocated Rt 20/250 bypass is some 800 feet away (vs. 250 feet to Canterbury Hills and 360 feet to St. Anne's Belfield). If either Alternative requires lighting, it is requested that the design is consistent with lighting which Mil not be dispersed into/he surrounding properties or the atmosphere. Sectioiz 4: Colthurst to Barracks Road Report: Reed Johnson The preference is for Alternative 3, which is narrow and runs deep through Mount Falcon/Stillhouse Mountain. This means less property would be taken, and the road would be more level and depressed, possibly cutting down on noise impacts. A concern Mth Alternative 3 is the possibilfty that one house, which would be taken in the other three cases, would nor be taken in Alternative 3, but th~s alignment seems m leave that residence in an undesirable situation very dose to the road. It is noted that depressing the South Interchange as identified in Alternative 1 may presents noise issues for this section, since the grade up to the crest of the ridge (Barracks Road.~ would be steeper. Careful noise studies should be done to identify if trucks changing gears would create additional noise problems. The major noise concern for residents in this area is how trucks will manage through this section The significant question is if trucks are able to traverse ~5thout changing gears or significantly changing speed. This particular quesnon needs to be addressed in noise studies and considered in noise mitigation, in addition to infornaation about average ar total traffic noise. In a memo ~o staff with cc mments on Ihe draft of this slatement, Mr. Don Wagner noted the Cohhurst community has also expressed opposition to a Barracks Road interchange, and requested il be noted in this section. Sec'rio, 5: ~cltv'oc'ks Road fo .~.[o,n,,e area Report: ,/a~l IF'easy There is no consensus possible at this time for the Montvue area, as each alternative proposes apparently equivalent levels of negative impacts to properties both taken by and left adjacem to the road. although differenI properties would be affected in different scenarios. A major concern of the neighborhood is for the persons living homes that would not be taken, but would be left immediately adjacent to the roadway. The two major problems for these residents are diminished property values and ser/ous health concerns for those whose conditions could be worsened by construction dust and debr/§'[~"/,X/l~l~§' ')ehii:Ie fumes. VDOT is asked to seriously consider the purchase of these homes in such hardship cases. A number of Montvue residents request more informaSon on the possible advantages of allowing the roadway to be located deeper in the ravine between Montvue and the Schlesinger property. The residents' petition to the MPO (enclosed) to ~nvestigate whether the Virginia Department of'Historic Resources would consider the possibility ora boundary change of the Schlesinger property if it were Route 29 Bypass Design Alternatives: MPC Citizens Advisor) Commiuee Commenls 4/896 Pg 3 shown to be preferable in Terms of noise and visual impact to Montvue without causing a negative impact on the historic site on 'the Schlesinger property. The Montvue community is v~gorously opposed to development of interchanges at Barracks or Hydraulic Roads. They would have significant negam,e impacts on the residents of both areas, and would diminish the efficiency of the bypass as a through route. See attached letter to Mr. Donald Askew da'zed 3/21/96 from Montvue Neighborhood Association and petition to the MPC dated 4/1/96 for more detailed information. Section 6: Mont~n~e to Greer School, and comraents on impacts to St. Am~e's school Report: DavidKalerg~s Comments pending. Section 7: Greer School to Lambs Rd Report: Shcnvn Mooney Alternative 3 is the preferred option, as it places the roadway furthest from Lambs Road, including the creek beNnd the homes which feeds to IW Creek. It is requested the natural materials and landscaping be used as much as possible to rnitio_ate noise and visual impacts; the concept is to go with the narrowesI right of way possible, putting the road into the hillside, and planting trees between the road, school, and homes. If Alternative 3 is not possible, Alternatives 1 or 2 would be acceptable. Alternative 4 is not acceptable, as the property and naIural resource impacts are too great. Residents of this area are opposed to an interchange at Hydraulic, as the property impacis would be too great It is understood that the bypass will be depressed under Lambs Road. See attached notes dated 3/27/96 from Mr. Mooney for more detaiIed information. Sectiot~ 8: Rosl?~ Ridge to Hydraulic Road Report: Arm Rooker Alternative 3 is the preferable option, as it takes property which has already been bought, and goes to the east of the hill at Roslyn Ridge, which would reduce noise and locate the road farther away from the watershed. It is noted the bypass will go underneath the entrance to Roslyn Ridge; the road. should be depressed as much as possible, and trees and vegetation should be maintained Or increased. Information on impacts to the Adelphia Cable building and satellite dishes is requested, as well as possible impacts related to a natural gas pipeline which appears to cut perpendicularly through all the alternatives. This community ~s opposed to interchanges at Barracks and Hydraulic Roads, due to anticipated noise -' Route 29 Bypass Design Alternatives: ~ IPO Citizens Adviso~ Committee Comments 4/896 Pg 4 and increased traffic, as well as impacts on property. See attached memo to MPO stafffrom Ms. Rooker dated 4/3/96 for additional remarks. Section 9: Squirrel Ridge Report: Ron Keeney Alternative 4 is4he preferred option for. this community. Nine of 24 lots in-the area have already been purchased by the state and/or have been converted to rental units, and since any of the alternatives would impact even more homes, leaving the rest a scattered few which no longer would have a community identity. Given the choice between diminishing the neighborhood to a few homes sited adjacent to the road, and liking the neighborhood altogether, the community requests VDOT..io. choose the option which allows all residents to relocate elsewhere. Alternative 4 also presents a gentler impact to the ravine which feeds to the reservoir. Alternative 4 also appears to be the best option for the church by the Rock Store; with other alternatives, particularly 3, the church is le~ standing on a steep embankment with Iktle parking. Although the road would run about t2 feet under the church in any case, alternative,4 places the road furthest from the church Sect/on 10: F/oodburn Road to F/a/er To*~'er R~port: F/ayne Ci/i~.:berg, wi& sssis/ance fi'o;;~ E~Ge::e Po~.X'z;' ~ivan::a Additional remar]cs from Alex Dotson. committee reioresentatiYe~'om tJ~e F/oodburn Road neigl~borhood (w?~o was appoh2ted a~er &e date of&is camm//tee mee~ing~, are included as &e &/rd point below and hi an attached let/er. .~,/s. ~r/uck/e a/xo made comments regat'dinff~'~iis xection, aa' well as Section 1]. Alternatives 3 or 4 appear to be the most beneficial to the watershed. More information is needed about the stormwater management benefits of AlIeralive 4, and proper~y owners need Io be consulted regarding in]pacts of Ibc additional right ofwav Akernative 4 would need. Alternative 3 lakes less land along Berkmar Drive, but it is r~ot clear this land would remain developable even if fiat taken. Alternative 2 is the least beneficial scenario, as it comes closest to draining into the x~ atershed. Alterative 1 is closest to a school and a cemetery, and requires more significant displacement ~f Woodburn Road. The residents of the Woodburn Road area express a arong preference for a variation of Alternative l, moving it as far east as possible by having the bypass cross Woodburn closer to Rio Road (thus aligning it closer to Berkmar Drive), curving past the Woodfolk Cemetery, and then heading west to miss the SPCA or, at the very least, the animal cemetery. See attached letters from Mr. Eugene Potter and Mr. Alex I2otson for more detailed inleormation The following comments were made regarding Section 10 and its effects on the watershed by Ms. Huclde: Through section 10, Alternative 4 appears best in terms of watershed protection, as there is room for smrmwater detention in the wide median. This is ~mportant because in the existing basins on the south side of the ridge, the capacity has already been allocated t0 other property, Route 29 Bypass Design Alternatives: MPC Citizens Advisory Committee Comments 4/896 P5 5 Relocating Woodburn Road onto the reservoir side of the ridge line is not consistent with walershed protection efforts being made by the County. Section H: TFater Tower ~o Rinam~a RiYer Report: Jacquelyn Huckle Alternative 3 appears to be the best option in terms of preserving the reservoir, since it is farthest from' the treatment plant and intake at the north end. (During the committee's .discussion of. this,point, Air. Cilimberg noted this design may encroach on the edge of the parking lot for the Sam's store; the aisle for truck access needs to be preserved in order to avoid routing trucks through the automobile parking area.) Section 12: Rivarl~a River'to, and including North h~terchange Report: Don [fag~er Interchange Alternative 1 appears to have the best- traffic flow; land impacts are comparable in either alternative. It is important to consider the possibility that the Route 29 Corridor Study will recommend an additional roadway north of the bypass which ma~, need access to it, and/or additional access to the airport which could affect the bs~ass. The design study should provide as much detail as possible about the potential effects of such a recommendation. The design study should include a detailed reconunendation regarding design and right of way needs for a grade-separated interchange, which would likely be needed when the Meadow Creek Parkway entrance is constructed. OveraY hnlJac~s Report: Blake Caravati and SaO,endra H~qa The needs of the long term good for the entire community need to be weighed heavily, while preser,,mg as much sensltMty to the needs ofindividu~s and communities directly affected Alternative 4, as a whole, best fits with the committee's criteria~ with the exception of significant community impacts in several sections. It is recommended that the ,~terative 4 philosophy be maintained, but adjusted to minin'fize impacts on neighborhoods as identified by the committee. Natural beauty is a critical feature of this communiTty, especially in the areas through which this road would pass, and all attempts to maintain visual and natural consistency with the existing landscape should be considered seriously The study should identify the right of way which would be needed if the community later wished to pursue the concept of an interchange at Hydraulic Road, although it is understood VDOT agreed that an interchange would not be constructed without agreement by the Count5%whicb.~is,currently opposed to any local interchanges. Attachments: Map of sections Committee design criteria Letter and petition from Montvue Neighborhood Association (section 5) Notes from Shawn Mooney (section 7) Comments from Ann Rocker dated 4/3/96 (section 8) Letter from Eugene Potter, Rivarma Water and Sewer Authority (section 10) Comments from Alex Dotson dated 4/8/96 (section 10) Charlottesville-Albemarle Metropolitan Planning Organization Post Q[fce Box 1505, Charlo~te~,ille. VA. 22902 Phoebe: (804) 979-7310 Fax: 979-159q Route 29 Bypass Design Planning Citizens Advisory Committee An advisory committee appointed by the Charlottesx411e-Atbemarle Metropolitan Planning Organization CMPO) will develop a community consensus on issues related to vehicle, pedestrian, bicycle, and transit transportation on the Route 29 bypass. The committee will work with VDOT and the bypass design consultant during the design planning phase of the project. With a communily consensus in place, communication with VDOT will be smoother as planned improvements are implemented. Bypass design issues to be addressed by the advisory board concern community needs and preferenco~. Technical facility design issues will be addressed by VDOT as customary, with the advisory board's report as a resource for guidance on community needs and preferences. The board will present a final report to the Ivl?O. The advisory board's report will be considered during the development of the Charlottesville- Albemarle Transportation Study (CATS)year 2015. Staffing is provided by the MPO, working with the cixy, counyy, and VDOT stalE. Committee Membership as of 4~"'~6 Robert Garland, Canterbury Hills Resident, CMirman Don Wa~er, Great Eastern Management Co~oration David Kalergis, Albemarle Resident & St. Anne's-Belfield School parent Reed Johnson, Albemarle Resident (Colthurst) Jan Weary, Albemarle Resident (Montvue) Opal David, Albemarle Resident (University Village) Ron Keeney, Albemarle Resident (Squirrel ~dge) Ann Rooker, Albemarle Resident (Roslyn RSdge) ~ [~c,~ , Albemarle Resident (Lambs Road area) ~17/~&5c¢ (f-, Albemar e Resident (Woodbum Road area) Pete Anderson, Architect of the University of Vir~nia Jacqueline Huckle, Albemarle Planning Commission Blake Caravati, Charlottesville Planning Cora~ss~on Wayne Cilimberg, Albemarle County, Planning/Community Development Director Satyendra Huja, City of Charlottesville, Co~-aunity Development Director - Patsy Napier, VDOT Design Division Committee Staff: Hannah Twaddell, Senior Planner; Nancy K. O'Brien, Executive Director Charlottesx411e-.~bemarte M2PO Route 29 Bypass Design Community Evaluation Criteria Approved 4/10/95 Page 1 In addition to standard road design criteria, VDOT should consider the following community-based criteria and suggestions in developing designs for the Route 29 Bypass: Protection of Natural and Historic Resources: The construction process and completed facility must have the smallest possible impact on natural and historic resources-such as water, ak, soils, wqJdlife and their habitats,.archeological and historio sites. Protection of Rivanna River Watershed: Particular care should be taken to protect thezRivanna River watershed and the community reservoir through design strategies such as diverted drainage routes to minimize the effects of toxic fi.eight spills, and through provision of accident prevention features along the roadway and its bridges. Stormwater management facilities should be intergrated into the County regional stormwater management syst em. State of the art sedimentation prevention methods should be used during construction. Integrity of Neighborhoods and Business Communities: The bypass design should minimize disruption of neighborhoods and business communities as much as possible, avoiding such effects as the physical division or prevention of circulation-within communities as well as negative effects resulting from lost properties or placement of residences or businesses close to the roadway. Protection of Schools: The bypass design must rnininfize visual impacts and avoid negative health impacts, especially related to safety, noise and air poll/~tion, on area schools and school playing fields. Size and Scale: The height, width, depth, and other size and scale indicators of the bypass and its faci~ties, such as interchanges, should be consistent with &nd not vJolate local planning ~idelines for land use and design. This may call for a balance of design strategies such as narrow medians and noise walls for urban commercial areas and neighborhoods and a wider separation of directional lanes by grade.and median space for rural sections. Materials: The texture and appearance of building materials of the bypass and associated facilities such as terminal interchanges and noise walls should be visually complementary to the built and natural environments. Berms and Lapdscaping: To reduce noise and visual impacts, landscaping features such as berms, evergreen trees, grasses, shrubs, and flowering plants should be included. The plans should provide for effective, safe, screening of buildings within sight of the bypass as well as a buffer between northbound/southbound lanes to shield drivers from glare of opposing headlights. Plans should include color schemes for all seasons. Charlottesville-Albemarle M~PO Route 29 Bypass Design Community Evaluation Criteria Approved 4/10/95 Page 2 Visual Impacts: The design should have minimum impact on day and night views fi.om residences and businesses for whom aesthetic views ~re important such as hotels. Utility lines should not be visible. The roadway should not be illuminated, except where needed for safety at termini. In these cases, cutoffoptics or other techniques should be used to avoid li~t pollution on residences and the University observatory. Iq~ghway signs should be included in this assessment. Visual impacts are also affected by the height, depth, and width of the facility (see "Size and Scale"). It is preferable for the bypass to go under local roads in order to minimize noise and visual impacts. It will be important for residents to compare the desirability of looldng down or up at the bypass. Noise: The design should have the smal!est noise impact on homes, commercial properties and other facilities. The study process should provide information and opportunities for the commumry to participate in developing and designing for noise walls, if needed. Plans should include str£tegies such as gentle slope changes, lowering the bypass under existing roads, and using berms and landscaping to minimize all noise impacts including truck gearing and braking noises New noise surveys and calcuafions of impacts will be conducted as part of determination for final design. Properl3, Takings and Lost Revenues: The design should take the smallest amount of property while meeting aesthetic goals. The design should have the smallest possible projected loss oft2x revenues To local governmems. The ability of residences and businesses to relocate successfully should be assured. Regional Traffic Movemenu The b>~pass should enhance efficient traffic movement for the region by serxqng through trr:d:5c, reducing high speed through traffic on neighborhood streets, and supporting traffic reduction strategies. Plans for park and fide lots adjacent m or near the bypass should be addressed in the design. Bicycle and Pedestrian Facilities: The design should be consistent with national, state, and regional bicycle plans, and regional pedestrian plans. This could include parallel bicycle paths and pedestrian/bicycle under/overpasses. Needs for Future Facilities: The study should assess potential future needs identified fi.om plans such as the Warrenton-Charlottesville corridor study and include preliminary information and sketches for community review. North Terminus Interchange: Although an at-grade, signalized intersection is currently planned for the' northern terminus, design scenarios for a grade-separated interchange should be included. South Terminus Interchange: The design study should include an analysis of the design sent to VDOT by the Canterbury Hills Neighborhood Association. Charl0ttesxqlle-Albemarle ~O Route 29 Bypass Design Communit~ Evaluatic),n~,,Criteria Approved 4/10/95 Page 3 Suggestions for Public Presentations: Presentations should include the following: Specific information about potential impacts in order to prevent mis'interpretation. For example, ifa line represents a location but not a specific aligranent, information should be shown as to the possible outcomes (such as."location could.vary east or west by-500 .feet"). This will help allay fears of property takings when none may actually occur. If it is known a property will be taken regardless of design variations, th/s should be made clear at the earliest possible time. The best available likenesses of design alternatives, such as three- dimensional computer images, superimposed photographs, or photos of facilities in sirrdtar locations. Specific information about noise ir~pacts and recommendations, especially upon schools and homes. As this is an issue of particular concern, it would be helpful to include information about policies, procedures, and funding for noise mitigation. · Landscaping alternatives. Information on the potential for freight accidents and plans for the mitigation of spills which could aff'ect the watershed. Th/s is a primary concern for the commurSty. MON'rVUE NEIGHBORitOOD ASSOCIATION March 21, 1996 Mr. Donaid R. Askew District Administrator Virginia Department of Transportation 1601 Orange Road Culpeper, VA 22701 Re: Route 29 Bypass Design Project Dear/~¢r. Askew: The Montvue Neighborhood Association is composed of the 36 properly owners in Montvue Subdivision in Albemarle County. On March 19, 1996, our Association held a special meenng of the membership to address the mainline alternatives to Ihe proposed Route 29 Bypass presented by VDOT at the March 11, 1996 Citizen Information Meeting. Following an informational presentation and discussion or,he alternatives and related issues, the Association unanimously adopted the fo]lowing positions: t. Each or,he four mainline alternative s presented by x~DOT will have a disparate, advet .~e impact on the 9ro?eny of one or more of the members of our Association. The Association, which exists ~o ~nher the con,mort m~erests of a_!ll of our neighbors, canno~ take a position m support of an7 one of the alterna:ives without jeopardizing the interests of some individual members and we decline to do so. 2. Most of our members have endured the threat of the bypass for many years. This uncertainty has made it impossible for many of our members, especially those living closest to ~he proposed routes, to sell their homes. Others have had to defer making improvemems nor 'knowing whether their property would be t~-ken for the Bypass. Now that the Bypass route is determined, it is time for VDOT to end the interminable uncertainty. The Association urges VDOT to determine promptly and to announce publicly the final alignment and to move without delay to acquire the affected properties. 3. While all of our members whose property will not be taken by VDOT for the Bypass will suffer diminished property values, Ihe.effect of the route including the visual impact, noise, and pollution will severely diminish the values of the homes closest to the Bypass right of Mr. Donald R. Askew March 21, I996 Page Two way. The Association urges ¥TDOT to Take full account ofIhls hardsh/p and to acquire the affected adjoining prqperties as well as the properties actually crossed by lbo Bypass. 4. Certain of our members who. oxvn property nearest to4he proposed alternatives have physical conditions such that the construction dust and debris and air pollution caused by lhe Bypass project will constitute major threats to their health. The Association urges VDOT to take very seriously these indMdual hardshJps and to address them fully, to include if necessary acquiring t~e concerned properties. 5. The Association believes that VDOT, having chosen a Bypass route which cuts through established neighborhoods in the Charlottesxdlle urban ting, has an obligation to do its utmost to ~r~mize the visual impact, noise poltulion,.air pollution, light pollution and other adverse impacts that the route x~5ll have on e.~sting neighborhoods, including MontxaJe. TbJs would include comrrutdng all necessary resources to provide ma~'dmum landscaping, sound barriers, and appropr/ate siting and grading. The .4zsociation urges VDOT to continue to work closely x~4th neighborhood representatives in ins regard. 6. The Association is unalterably opposed to the constroction of interchanges at Barracks Road and Hydraulic Rca& Not or.~y 'a'ouid such interchanges greatly exacerbate the Bypass's negative impact on the neighborhoods in its path, they would undermine the slated purpose of the Bypass to improve the flow o£non-!ocaI tra~c around Charlottes,,hile. The Association urges X/DOT to honor its comm2tment to respect the decision o£the ,~bemar]e County Board of Supep,'isors not to build ti:ese interchanges. .. Whichever tma~ mainline ahe..ma~ive is selected, the AssociaIion favors narrow medians in the .Montx~e zone ~o m!nimize i!:e ',vJ&h o£propen5 that will be needed fcr fl~e rea ~:vay. The Association asks ~kat it views and concerns be given full consideration by V-DOT and that they be implemented to tlne greatest ement t>ossJble. We hope that at the appropriate time, VDOT wiJl work directly with our Association in furtherance of our common interest of completing the Bypass project while safeguarding to the greatest extent possible the well-being of our members and the Mont~z'.e environment. Very truly yours, /,/~ ~. ~/~ Peter B. Vaden President, Montvue Neighborhood Associalion DEINLEIN & VADEN Apdl 1, 1996 Mrs. Charlotte Humphfis Chairman, Policy Board CharlottesMlle-Albemarle Metropolitan PlannLng Organizmfion 109 Falcon Drive Chazlottesville, Virginia 22901 Re: PL~stofic Resources Designation of Schlesinger Property Dear Mrs. Humpnns. On behalf of a ~oup of neighbors hq Montvue subdMsion, I enclose a petition requesting the V[rgirha Department of J:Esto~c Resource reevaluate its decision regarding the designation of eligibility, for historic preservanon o£the farm to ~he west of Monrnze known as the Schlesinger property. We request that the MPO contact ~e Depas-~ment of ~4..is~oric Resources on our behalf to determine whether a variance of its current desi~adon derision would be considered such that portion of the property could be crossed by the proposed Western Bypass 2'that proved advantageous. It is my understanding that ai:houg& the property has been designated as eti~ble for historic I: reservation_ ;he ?roperry has not been dedicated for such purpose. I understand that the Policy Board is meeting ne.ct week an2 you v,-i~ take uo this matter at that meeting. My neighbors and i appreciate your auemion to this request. W~th kindest regards. Very traly yours, Peter B. Vaden Enclosure bcc: Jan ~'~a'r-~ M. C. wilhelm MONTVUE RESIDENTS' PETITION VDOT has expressed a desire to make the Western By-Pass as fr/endly as possible to e~sting nei2-Jaborhoods while at the same time keeping in consideration economy, engineering realities and aesthetics. The des/gnat/on of the Schlesinger property as eligible for historic preservation has decidedly 1/m/ted the ability of VDOT to &jectively look at var/ous options for the design of the By-Pass as it affects the Montvue Subdivision. We, the undersized homeowners in Montvue, therefore re. quest that the Connnonwealth of Virginia Department of Historic Resources &esponsible for such designations reevaluate its original decision as regards the Schles/nger property. NAME: ADDRESS: .I MONTVUE RESIDENTS' PETITION V'DOT has expressed a desire to make the Western By-Pass as friendly as possible To existing nei~borhoods while at the same t/me keeping in consideration economy, engineering realities and aesthetics. The designation of the Schlesinger property as eligible for historic preservat/on'~has decidedly limited the ability of VDOT to objectively look at various options for the design of the By-Pass as k affects the Monrvue Subdivision. We, the undersigned homeowners in Montwne, therefore request that the Commonwealth of Virginia Department of Historic Resources~responsible for such designations reevaluate ~m original decision as regards the Schlesinger property. NAME: ADDRESS: Effects ofvazious allernates on Ivy R/dge and Lamb's Road subdivisions. Desi_~g criteria are as follows: [Protect/on of Natnral and His'tor/c ReSources All fonr al`f creates disntpt a Yery silvan and natural habitat I'or many t3Tes of wild!ire, tr,ees and plants. The area is presently full of nature trails and markings. Historically there is an Afro-American cememry located on the edge of`f he right of way of several of the Alternates. It seems that ~b,/s area could be. easily sin~ed out and protected. No matter what alternative is accepted the abnndant xvildli£e ha the area will be disrupted and displaced. Alternate £our involves ~ading in the floxv I/ne of the existing stream and involves relocation:o£th/s creek. Such work in wetlands must be deleterious ~o fish and other wild!ffe. II. Prolection of R/,,'arma Watershed Alternate I'our i~wolves redirect/on of one creek, desm~¢lion of pond. and a major crossing of'I~.'y Creek at Lochcr property. Both these creek flow in'fo our reser~'o/r. Other altemates ha,;e usu~i problems concomitant w/th any grading and construction project. There exists possibility of fa/lure of siltation con`frols to disszipare mn-olTand protcc~ wa[er sources. ~-'dl houses impacted by alternates arc on well wnter. /78. lnte_mhty of Neighborhoods. Ail four alternates are dcv:atating to the adjacent houses ,3n Lamb's Road wlaere intersection of h/ghwa~.' is. Alternates 1,2, and 3 take tMee homes. Alternate 4 t:~kes 4 homes. Alternate 4 kmpacts I~.'y R/dge and Lmnb's Road very ad'~'ersetv. Five of the seven houses on t'.T R/dge would look dox~n on ~he hiphway with ~,'eD' little foilage to alleviale the no~se aud view. Four of the homes Lamb's Road would also be ,,-uLnerable. The other three ahemates ha the ori~nal corridor would be cm into the cliff above the nei&hborhood and below the school. They would still surely impact I;'y P,../dge but the homes on Lamb's Road xvoutd be spared. There is enough room to piece the road, between the school and the neighborhood and offer both a modicum of protection. IV.S/ze and Scale: If the road were placed on the bluffthe best protection would be to bench lhe road and use the excess dirt for berms. Ail trees along the edge of the rio~ht of way would be saved if possible. The median should be compressed as much as possib-le buI trees saved for sound abatement and separation of lanes. The road would be much less intrusi,.'e if it went under Lamb's Road. Tt'~/s would make a `fremendous difference in reference to noise and eye appeal, tt would also help to make the road more tolerable to the unlucky, people whose homes are not laken that live on Lamb:s Road. Br/dgcs and guardrails could be constructed of natural materials such as wood and stone giving the ro:~d the Parkway effect. Berms would be much more attrnclive adjacent to residential areas. Alternates in the original corridor could hacorpora~c these berms since benching the roads out would nrod~ce a xx-'ndfall ofsnreh,.s cxca~'alcd mater/al. V. Property Takings and Lost Revenues Alternate 4 is devastating lo I'~2¢ Ridge and west l_z. mb's Road. All alternates do the same thing for the homes on Lamb's Road closer ~o the school. Alternate 3 would do less dmnage to the homes remaining on Lamb's Road. Alternates one through t]aree, if properly constructed, would be tolerable of Ivy Ridge and relalively hannless for west Lzanb's Rd. VI> Regional Traffic Movement We are opposed to an interchmlge al }{ydraulic Rd.:The ostensible reason for the construction of this by-pass is to readily move through traffic Ihrongh our community. This is the a','owed re~son since ii is part of VDOT's pipe-dream of making US 29 a limiled-access arterial road. Prating inlerchano, qes.wi!l merely increase the amount of local traffic mad slow doxx'a ~he ~l'=rongh traflSc. Leave the by-pass 'to the people traveling around the city. By 1998 Rt. 29 will be eight lanes down to the reser~'oir and Hydraulic and Rio w/il be a continuous fourqanc loop connecting 29. By the turn of the centup)' work will be underway to six-lane Rt. 29 ro the airport. The interchange just ma~kes tt-,Sngs more miserable for the Roslyn Pddge neighborhood. TO: Hannah Twaddell, Senior Planner, Charlottesville - Albemarle Metropolitan Planning Organization FROM: Ann Rocker DATE: April 3, 1996 RE: Draft statement concerning alternatives for western bypass P1/ase~amge the first bullet in my remarks in thedraftstatement ~ read. ~lternative 3 is the preferable option, as it takes ~roperty whzch has already been bo6ght, and ~oes to the east of the farther away from the watershed. (changes underlined) Pleas~ add the following statement as an addendum to my remarks: It should be noted with emphasis that, throughout the Bypass Design Advisory Committee's discussions, the clear preference of the majority of the committee members was not for any o~ of the alternatives, but for a "cut and paste" combination of them which lessens the damage and/or impact to each affected neighborhood and the South Fork Rivanna Reservoir watershed. Fortunately, the Parsons/Brinckerhoff consultants repeatedly assured the committee that such a combination is possible. Hopefully, the final alignment will reflect this explicit desire of the committee. At the last meeting (March 27, 1996) of the ~DAC, the Parsons/Brinckerhoff consultant stated that the alignment choice was basically between two concepts - alternatives 1, ~ and 3 representing a traditional four lane divided highway concept and alternative 4 representing a parkway concept. 64.i% of the people who submitted commen~s at the VDoT public information meeting about this project on March 11, 1996 favored the non-par}9~ay concept. This public ccmmen~ definitely supports the BDAC's s~rong desire to mitigate all impacts possible %o the affected neighborhoods, it should also be noted that, as of March 27, 1996, VDoT had received 615 responses opposing interchanges on the bypass; this figure is more than double the total number of comments about the design of the bypass itself received by that same date. The three concerns about the bypass cited most frequently by respondents ~o VDoT's March 11 public information meeting questionnaire were: noise impact, property impacts, and reservoir/water quality impacts. These comments also echo those of the BDAC. It is critical to consider the fact that noise impacts will no~ be felt just by neighborhoods i~ediately adjacent to the bypass but by thousands of people who live in the area and will be negatively effected by the sound of north- and south-bound tractor trailers changing gears as they climb Mt. Falcon. Therefore, it is essential ~o construct the cut through Mt. Falcon at 4% or less grade, the original design specification. Any additional cost that that this might incur would be offset by the benefit to the entire corzmunity during ensuing years. Likewise, property impacts and impacts to the South Fork Rivanna Reservoir and its watershed both 04,'04,'96 09:39 '~'804 9T? T425 .~x.x ROOHER ~]003,-003 during and after construction should be kept to an absolute minimum. The entire burden of this transportation project will be borne by the affected neighborhoods forever. At a mlnimu~, those neighborhoods should be given utmos~ consideration in terms of noise, visual, ~n~ environmental impacts as well as property taken. RIVANNA WATER & SEWER AUTHORITY Match 18, 1996 Mr. Donald R. Askew Di$lHcl A.clministrator VDOT 1601 Orange Road Culpeper, VA 22701 Dcm' Mr. Askew: Rivamaa Water & Sewer Authority Ls responsible for public water supply and treatment in the Chatlottesville/Albemm'le community and impacted by each of the proposed locations for a Route 29 Bypass. After exarrd~ug the informal/on presented at the March 11, 1996, Citizen Information Meeting, the Authority Mshes to enter J:ato the record lhe fotlow~ng concernS: The Authority would request that as much of the proposed roadway as is possible be located to the east of Rt. 659 outside the S. Fork~Rivanna Reservoir drainage area. This applJe~ most notably to tho northern section closest to the water treatment plant and raw water intake. Currently, Alternative 2 appears leas.t, likely to do this. Alternative a has been presented to offer oppo~unities for moro Lunovative storm water management and less overall environmental impact Ihan other alternatives, yet the dct~ls of these advantages have not been presented. While Allcrnafive 4 may impact ]ess volume of ~rt lo be moved, what are the trade~ffs ~th respect to tot~ !and area d~sturbed and other factor? What are the plans for storm water collccdon and ~catme:t? W~ additional measures such as wet ponds be considered because Ibc project is l~ated Mthi: a public water supply watershed? _- Mr. Doza]d R. Askew Page 2 March 18, 1996 Because of the proximate locations of this roadway to thc raw water Authority requests that project funding address specific concerns for spill containment and manasement to include ~nding of appropriate booms and skimming equipment ~o be located at the water treatment plant. The AuUhorit~ will store s.nd maintain ~his equipment to be ~eplo~d a~ necessary. Thank ~u for your consideration to these comments. If further clarification or additional information is required, please direct your inquiries to the writer. Deputy Executive Director cc: David Hirshman Robert A. Garland, Jr. EKP/mac Attention: Ms. Hanna ~waade:~ Thomas Jefferson ?Tanning April S, !R96 District This information will follow up on our recent conversation, The purpose of this letter is to state the feelings of the woodburn Road property owners concerning the pro?osed western by-pass. The genera] consensus is that this project is totally unnecessary.and unwanted, though we are reasonably certain that terminating this project is almost impossible Our primary focus, at this =ir~e, is the most recen~ bombshe~!~ Alternativ~ Four. This ~-]ternative ~s totally unacceptable and w!]i be c:ppose~ by our group at al! cosz. AJtelnative Pour. 5s it appears to us, was designed tc w!pe cu~ the Noogburn neighbolhocd in its !-ntirety. TLc lc'sses are ~,: inc!ude~ ~}:,= ?,-,ar!cttesvil]e SPCA severe tlme limitetic,?.s. ,~ii_ :,_= %.'u_s time is !e,-c): )f con-.x:uni,:etlor, cc!lcern!itg o~ iL?ur. ,-~,,',, were ,~,c_ud~n since .... - ne~gn]Po~hooc F,--' ~= {= very necessary to inform all concerned are not push-overs, ~e will not ro!l over for the ,~.~_aLN2:-'qCV .- ~0 we will ~"~ Lh~ U~] ~slren]e alternatives a~ =l_ ih_ {s l:er -' promise. The only possible alternative that will work for our neighborhood is a modificaticz of Alternative One, The modifications are tc ~nclude: The by-pass crossing ~oodburn somewhat closer To Rio Road allowing it %o move slightly further e~st (c]oser to Berkmar extended) curving pas% the Woodfo!k Cemetery and then westerly to mlss the SPCA or at the ver~ least avoid the 5nimal cemetery. Other concerns related to this proDect are the en~._~onm~.~t~l impac~s~ s~ecif!cal!F e:~haust emissions~ z~ollut_cn to wa~e~ ~,,~olv arid noise ~' ~ =ha ~ght r~]lutmon. in conclus'_,on these :r:a:t=~= must 1.: resolved ret',' ~ .... ~rofect is ~- ~:~ove ahead The hcoa grouo ~o~d ]!kc ~o ~n=.~: you your zime Rna COUNTY OF ALBEMARLE Office of Board of Supervnsors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 May 3, 1996 Charles S. Martin Waiter F. Perkins Sall~, H. Thomas Mr. William S. Roudabush Roudabush, Gale & Associates 914 Monticello Road Charlottesville, Virginia 22901 Mr. Carter Myers Colonial Auto Center P. O. Box 7823 Charlottesville, Virginia 22906 RE: Route 20 South Four-Laning Project Dear Bill and Carter: As you know, the County of Albemarle is in the process of constructing a new high school on property adjacent to and south of the Piedmont Virginia Community College, As part of that construction project, we intend to build a connector road between Avon Street andRoute20 South. In order to ensure an efficient transportation network for this area, we have also requested that the Virginia Department of Transportation and the Commonwealth Transportation Board support the upgrading and widening of Route 20 South from its current four-laning to the intersection of this proposed connector road serving the new high school. The Albemarle County Board of Supervisors would appreciate your help in expediting this project as much as is feasible in order to coincide with the opening of the new Monticello High School Should you have any questxons concerning this matter, please do not hesttate to contact Ms. Jo Hxggms or me Sincerely, Robert W. T~cker, Jr. County Executive RWT,Jr/dbm 96.063 pc: Atb6marle County Board of Supervzsors Mr. V. Wayne Cilimberg Ms. Jo M. Higgins Ms. Angela G. Tucker Printed on reeycled paper ~d¥?~8' 96(I¥ED) 03:26 VDOT TEL:804 979 37~9 ?, 00i Virginia Department of CHARLOTTESVILLE RE$1DffNC, Y Telephone (804) 293-0011 Date-- ~'~-~,'. Phone; FAX Phone No.= , Oomments: Transportation Phone.. Numl~er of Pages: ~' . ln=ludlng Tranemlttal Sheet If there are eny problems rece, lvlng thle information, please sail VDOT at (~}O4.) 293-O011 TEL~4 979 ~?~9 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION ~0~ VDOT WAY Albema~ County 2290~ Dear main~en~.~ce persormel ~ wish 675 ;~ch t~C ~a~e occ~ With ~e~pmn~ no our paving O~ Grassmere ~oad, i~s ~r£ority within the Six-Year Plan {and more speci£ically ~he ~r~vel road improvement Dot=ion) has ~ou slip.d. Unfor=,,-~tely tJnere was an aplDroximate five year Deriod where no ~ra~l =oa~ :~e aD~aran=~ o~ Lhe "~lippin~" o~ gNavcl roa~ ~jects. Xf you have any ~ueetions, please le~ us know. We apologize fox the delay in our re;ponae. AGT/ldw TRANSPORTATION FOR THE 21.,~T C~:NTURY CFqdTCHFJELL April 19, 1996 Mr. H. W. Mills Virginia Department of Transportation 701 VDOT Way Charlottesville, VA 22911 Dear Mr. Mills: Thank you for speaking with me earlier this week regarding my concerns over the hazardous conditions that exist at the intersection of Routes 649 and 606. I understand that VDOT has recently evaluated this intersection. A few days of evaluation cannot disclose the real danger of this intersection (the presence of an orange VDOT truck itself m~.v be enough to improve the safety of the intersection). Having worked in this area for over 15 years, I have made literally thousands of trips through this intersection. During this time, I have had the opportunity to observe, first hand, the changes that have taken place. Increased traffic load, including heavy commer- cial traffic, poor line of sight when turning off of Route 649 or when leaving the airport, the recomqgurafion of the airport exit and the recent addition of a poorly placed stop sign in the middle of Route 649 have contributed to the danger of this intersection. The result has been dozens of accidents. To my knowledge, none of these accidents has resulted serious injury....yet. Most recently, several have involved either our employees or their families. I have increasing concerns'for the safety of our employees as they travel to and from work. As I understand from speaking with you earlier, there are plans to make improve- ments to this situation by the year 2000. I suggest that some immediate action be taken prior to that time to improve the safety of this intersection. I would like to offer the following suggestions that would have an immediate impact on this situation: · A traffic light would be the ultimate safety improvement. · Flashing lights. Red on Route 649 and departing the airport. Yellow on Route 606. · Re-route the traffic departing the airport. The.visitors to the area, who are unfamiliar with the intersection, pose the greatest risk and contribute to many of the accidents. · Flashing dangerous intersection signs, speed bumps, rumble strips or any other effective means to slow down the traffic traveling on Route 606 or departing the existing mrport exit. 1. Crutchfield Park '11 ' ' · 0 - t Mr. H. W. Mills April 18, 1996 page 2 Relocate the stop sign from the middle of Route 649 to an overhead sign. The current placement forces tractor trailer tracks onto the road side resulting in property damage, blocking of the intersection and other problems that add to the danger of the intersection. I hope that you will consider some of these ideas, any one of which could result in the reduction of danger at this intersection and improved safety for our employees as well as the visitors to our area who arrive via the Charlottesville-Albemarle Airport. Sineerol~y, / / Vice President, Operations :akg cc: Brian Elliott, Executive Director, Charlottesx411e-Albemarle Airport Charlotte Humphries, Chairman, Albemarle County Board of Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing - Towe Park Tenant House Lease SUBJECT/PROPOSAL/REQUEST: AGENDA DATE: ITEM NUMBER: May 1, 1996 ~, 0~-O t ACTION: X INFORMATION: Request authorization for County Executive to sign new Towe Park tenant house lease. STAFF CONTACT{S): Messrs. Tucker, Huff, and Mullaney CONSENT AGENDA: ACTION: INFORMATION: BACKGROUND: ATTACHMENTS: REVIEWED BY: The City and County own a house at Towe Park. The tenant who occupied the house since 1988, vacated the house in early March. The vacancy was ~dvertised ia the Daily Progress and approximately 50 responses were received. Each prospective tenant was asked to provide 2 references. After checking references, the top ten prospects were interviewed. The Parks and Recreation Department is recommending that the City and County enter into a lease ag reement with Ms. Susan Seeds and Mr. Tony Hadowe. DISCUSSION: The newtenants will be responsible for paying $375 monthly rent and performing approximately 30 hours of work per month. The rent figure is based on an estimated fair rental value of $900 with a 25% reduction to $675 based on the various factors involved with being located in a public park. The rent is further reduced by $300 based on an estimated value of $10 per hour for We work requirement. The fair market value estimate and the location reduction percentage was estimated by the County Assessor, The lease has been reviewed and approved bythe offices of both t~e City and County Attorney. The lease consists of a standard residential lease agreement with an addendum to cover the special requirements such as tenant responsibilities. The Deputy County Attorney has advised that Virginia Code Section 15.1 - 261.1 requires the Board of Supervisors to hold a public hearing prior to entedng into this lease agreement. The Clerk of the Board has advertised the hearing as required RECOMMENDATION: Staff recommends that the Board of Supervisors hold the required public hearing and then authorize the County Executive to sign this lease agreement on behalf of the County. ~ ~'~,~ OF SU~ER'~ ,SO~-~ TOWELEAS. L~'~'~; ~"~""~' -'~'~ ~' ~--~ ' 96.060 COPY RESIDENTIAL LEASE AGREEMENT This is a suggested form of Lease recontmended by the Real Estate Committee of The Virginia Bar Association for use in the leasing of existing residential property only. This form is not mandatory; other forms are available. You should determine if this form is appropriate for your Iransantion. It is a legally binding contract Ifnot understood, legal advice should be obtained'before it is signed. THIS LEASE AGREElVlENT is made as of this 1 st day of May, 1996; i>y and between County of Albemarle & City of Charlottesville (Landlord), whose address is 401 McInfire Road. Charlottesville. Virginia 22902; PO Box 911, Charlottesville, Virginia 22902 (city) and Susan II. Seeds & Tony L. Harlowe. 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants herein, Landlord hereby leases to Tenant that propertylocated in the City/County of Albemarle , Virgmia, and known as Towe Park Tenant IIouse together with the fixtm'es and pe~sunal property listed below, (the Premises) for the term of I (one) mzn'&;/year(s) commencing at a.m./p.m. (At noon if not otherwise indicated) un_May 1 , 1996, a.m./p.m. (At noon if not otherwise indicated) on May' 1 ~i 997: 2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this lease:Range oven. woodstove. 3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other purpose. The Premises will be occupied by no persons other than persons who have signed this Lease as Tenant and such persons' children under the age of 18. 4. RENT. Tenant agrees to pay as rent the total sum of $4.500.00. due and payable ia advance in monthly installments of $375.00~ except as follows: If the lease term begins on a day other than the first day of a calendar month, the first month's rent shall be Sn/a . If the lease term ends on a day other than the last day of a calendar month, the last month's rent shall be $ n/a _. The first month's rent payment is due May 1, 1996. The monthly installment of £ent due for each month thereafter shall be due on thc first day of each month. Rent shall be paid to_County of Albemarle _(landlord/agent) at Albemarle County Parks & Recreation. 401 Mclntire Road. Charlottesville, Virginia 22902 '(address) or at other such place as Landlord or Agent may from time to time designate in writing. If a monthly installment of rent is no! received bet'ore the 6th day of the month, Tenant agrees to pay as additional rent a charge of late fee of $ 10.00 for each month that the monthly installment of rent is not received by the 6th day of such month. The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied first to all past due balances of rent and other charges owing under this Lease. The remaining portion if any of such rent payments will be applied to current rent. If there are two or more tenants, Landlord shall have the option of requiring that only one check, cashier's check or money order will be accepted for each monthly Installment for rent. 5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for insufficient funds. This charge will be in addition to any late fee which may be due. If any of Tenant's checks are returned to Landlord or Agent for insufficient funds, Landlord will have the option of requiring that further payments must be paid by cash, cashier's check, certified check, or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay the sum orS 375.00 as a security deposit. This sum will be due when this Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if Landlord makes any deductions from the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the mount set forth above. The security deposit will be held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease, and any balance, if any, m unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing, Showing alt such deductions. Within this 30 day period, Landlord will give or mail to Tenant the semtrity deposit, with any interest required by law and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions are to be made from the security deposit Landlord will give written notice to Tenant of such deduction within 30 days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made 30 days or more before the termination of this Lease. Landlord will maintain itemized records of all security deposit deductions and these records may be inspected by Tenant, his authorized agent or attorney, during normal business hours. However, when two years has passed fi:om the time a deduction was made, Landlord may des~coy the record of that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section~ 7. PARKING. Tenant agrees to comply with such parking rules and regulations as Landlord may issue fi:om time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity to compiy with any perk/ng changes made during Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises in violation of such rules and regulations may be towed at the owner's expense. 8. PETS. No dogs, cats or other animals shall be kept in or about the Premises by Tenant or Tenant's guests without Landlord's prior written consent, which may be withheld in rite Landlord's sole discretion. 9. UTILITIES. A: Landlord agrees to provide, at Landlord's expense, those utilities and equipment check below: Water & Sewage __Electrical Current Fuel: water heat not to exceed 120 Fahrenheit Pael: heat setting not to exceed 55 Fahrenheit _ __Range with Oven __Dishwasher __Dryer Cable TV Service Firewood (mount to be determined by Landlord) __Fuel: cooking Air conditioning Unit __Refrigerator Washer XX Woodbuming Stove * Landlord's written consent must be obtained before the installation or use of a woodbuming stove. 9. B. Tenant agrees to provide, at Tenant's expense, the following utilities and equipment: 10. ALTERATIONS AND IMPROVEMEN'I~. Tenant agrees that no alterations, installations, repairs or decoration (including painting, sfaining and applying other finishes~ shall be done without Landlord's written consent. Such consent will not be unreasonably withheld. However, Landlord may require Tenant to return the Premises to its original condition when this Lease terminates or expires. In addition, Landlord may require that any change, alteration or improvement to the Premises will become a permanent part of the Premises which may not be removed upon the termination or expiration of this lease. Such changes or improvements will include, but not be limited to, locks, light fixtures, ~utters, built-in shelves or bookcases, wall-to-wall carpeting, flowers and shrubs. 11. INSPECTIOlqS AND ACCESS. Landlord may enter the Premises to make inspections, repairs, decorations, alterations or improvements, and to show the Premises to prospective tenants, purchasers, mortgagees, workers and con~ractors and shall have the right to erect or place "For Sale" or "For Rent" signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable times. 12. MOVE IN INSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord agrees to provide Tenant with a list setting forth all oftbe defects and damages to the Premises, its equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by written notice given to Landlord within five days after Tenant receives the list. 13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Landlord'~ failure to comply with the above requirements will not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord written notice of the defective condition and Landlord has failed to remedy the condition within 21 days. However, Tenant may not terminate the Lease if Tenant, a member of Tenant's family or some other person on the Premises with Tenant's consent intentionally or negligently caused the defective condition. Such defective conditions will be repaired at Tenant's expense. Any termination by Tenant shall be made in accordance with the section of this Lease concerning breach by Landlord. 14. COVENANTS BYTENANT. Tenant covenants and agrees to kecp the Premises clean and safe; use all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a reasonable manner; conduct himself or herself, and require guests m conduct themselves, Lq a manner that will not disturb Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and agrees to cure for, maintain and repair tbe Premises, equipment, appliances and fixtures. Upon the expiration or termination of this Lease, Tenant agrees to deliver the Premises Lq good and clean condition, ordinary wear and teur excepted. Tenant agrees to pay the cost of ail repairs and cleaning required by weur and tear beyond the ordinaD'. During the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such defect. Tenant will be liable for the costs of any repairs of such additional damage which might have been avoided had Tenant promptly notified Landlord of the defect. Tenant agrees m pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expanses, including attorney's fees, of any kind or nmure whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal injury to or death ofany person or persons and for any loss, danaage or destruction of the Premises, arising out of, connected witk, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's ~aests or other persons on the Premises wi'& the consent or pe~nnission of Tenant. The foregoing agreement to Lqdernnify shall continue in full rome and effect notwithstanding the termination of this Agreement. 15~ TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this Lease, Tenant will remove ail of Tenant's property from the Premises and deliver possession of the Premises, thoroughly clean and Lq good condition, reasonable wear and tear excepted, and Lq compliance with such reasonable conditions as may be set forth Lq Landlord's rules and regulations. Tenant's compliance with this section is necessary m insure that the Premises will be Lq good condition for the next tenants m whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly clean and Lq good condition, reasonable wear and tear expected. 16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the Premises to determine whether Tenant has properly maintained the Premises and has left Premises thoroughly cleaned and in good condition, reasonable weur and tear excepted. Grease accumulation and unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances will not be considered ordinary wear and tear. This inspection will be made to determine whal portion of the security deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount of the security deposit. This inspection will be made with 72 hours after the termination of Tanant's occupancy of the Premises. For the purposes of this section, the termination of Tenant's occupancy of the Premises will not be deemed to have occurred until alt or substantially all of Tenant's property has been removed from the Premises. Tenant will have the right to be present during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date when the inspection will be made. However, Tenant's delay Lq notifying Landlord of Tenant's desire to attend the inspection will not require Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of damages known to exist at the time of the inspection will be provided to Tenant by Landlord immediately upon the completion of the inspection. 17. ABANDONM]ENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the termination or expiration of this Lease may be treated by Landlord as abandoned property. Landlord will prepare an itemized list of such property and may immediately remove the property from the Premises and place it Lq storage for safekeeping for a period not less than one month from the date this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property during this one month period, provided that Tenant pays the cost of its removal and storage. Upon expiration of the one month period, Landlord will be free to dispose of the property as Landlord sees fit, provided written notice of Landlord's intent to dispose of the property is given to Tenant at least 10 days before such disposal occurs. This notice must be sent to Tenant's last known address, address correction requested. [n addition, Landlord must keep the itemized list of Tenant's property for two years after Landlord disposes of that property. Any funds received by Landlord from the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for unpaid rent or other damages, including charges for removing, storing and selling the property. Any remaining funds will be lreated as security deposit. 18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or Tenant's guest, tim or other cause destroys or damages the Premises to the extent that Tenant's enjoyment is substantially impaired. Tenant may immediately vacate the premises and within 14 days thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will terminate as of the date oftarmination of Tanant's occupancy and Landlord will return Tenant's security deposit, any interest required by law, and prepaid rent covering the period after Tenant vacated the Premises - subject to any set off for charges or damages Tenant owes to Landlord. If, through no fault or negligence of Tenant or Tenant's guests, fire or other cause damages the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord will have a reasanable period of time in which to repair the Premises. Landlord's duty m repair will unt arise until Tanant gives Landlord written notice of the damage m the Premises. If Landlord fails to repair the Premises within a reasonable period of time after having received written notice from Tenant, Tenant will be entitled to a reduction in rent for that period nftime begriming 30 days after notice was given to Landlord and ending on the date Landlord successfully repairs the Premises. In any dispute concerning Tenant's right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the condition of the Premises justifies such relief. 19. BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Ten~t's person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant's guesr. 20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-discriminatory rules and regulations which concern the use and occupancy of the Premises, which intend to promote the convenience, safety or welfare to tenants or preserve Landlord's property from abusive conduct. Landlord agrees to give Tenant reasonable notice ef any new rules or regulations before enforcing such rules and regulations against Tenant. 21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and other charges due under this lease unless Landlord signs a written statement on which Landlord agrees to release Tenant from such liability. 22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United States armed forces and (I) receives orders for a permanent change of station to depart 50 miles or more (radius) from the Premises or (ii) is prematurely and involuntarily discharged or relieved from active duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a written notice of termination. This notice must state the date when termination will be effective and that date shall not be less than 30 days after the date Landlord receives the notice. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary, for Tenant to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Tenant's written notice ofterminatiun must be accompanied by a copy ofthe official orders. If Tenant exercises this right to terminate this Lease, Tenant shall be obligated for rent prorated to the date of termination. Rent for the final month or portion thereof shall be due on the fu'st day of such month. On account of Tenant's early termination of this Lease, Landlord may require Tenant to pay liquidated damages as follows: (a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one month's rent Co) If Tenant has completed at least 6 months but less than 12 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one half of one month's rent. Any amount owed as liquidated damages by Tenant shall be due on the first day of the month in which the effective termination date occurs. This section shall not relieve Tenant of any other liabilities which have accrued as of the date of termination. 23. RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end of the lease term on the date on which Tenant's occupancy ends. The termination of this Lease will terminate Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlor(t If Tenant remains in possession of the Premises after the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month to month lease subject to termination by either party upon 30 days notice. The monthly rent during such holdover period shall be at the same rote as under this Lease or as otherwise agreed in writing. 24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without Landlord's prior written consent which will not be unreasonably withheld or delayed. Tenant agrees to pay Landlord a $ n/a fee if Tenant assigns or sublets the Premises, or any part thereof. No assigmnent or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 25. BREACH BY TENANT. If(a) Tenant fails to pay rent within five days after the date when due, (b~ Tenant commits a material breach nfthis Lease, (c)Tenant denies Landlord's exercise of any rights under this Lease or arising by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose of Tenant's leasehold interest in the Premises, or (el the Premises is used by Tenant or others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal 5 proceedings or, if the Premises is abandoned, to enter and take possession by any lawinl means. In addition, Landlord will have the right to pursue all other remedies available, including a claim for damages. [f Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to judgmant), Tenant will be liable as follows: (a) For alt past due rent and other charges CO) For alt additional rent (future rent) that would have accrued until the expiration of the term of occupancy under this Lease or until a new lease term begins (provided (I) that this will not affect Landlord's duty to minimize the damages by making reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord obtains a judgment for future rent, Ldndlord shall apply as a credit towards that judgment all funds received by Landlord as rent for the Premises for these months for which the judgment for future rent was awarded. (c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted; (d) For any court costs and reasonable attorneys fees incurred by Landlord (I) in collecting rent, other charges or damages, and (ii)'in obtaining possession of the Premises; (e) For a anlleetion fee equal to 25% of the judgment amount for rent, damages, court costs and attorneys fees. Tenant understands and agrees that this amount represents damages landlord will be.likely to incur in effurts to obtain a judgment against Tenant . (including time and effort spent in ease invesugation, correspondence, filling suit, discussions with lawyers, case preparation and court attendance) and to collect such a judgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other than failure to pay rent, if a material noncompliance with this Lease exists or if there is a violation materially affecting health and safety, Landlord may serve Tenant with a written notice stating that ants or omissions constituting the breach and stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days, and (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall hal terminate. On the other hand, if the breach is not remedial, Landlord's written notice to Tenant may state the acts and omissions constituting the breach and state that the lease will terminate upon a specific date, which date may not be lass than 30 days after Tenant receives the noticeo 25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or Co) fails to a substantial extent m comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and conditions on the Premises concerning Landlord's breach and stating that this lease will terminate upon a specific date (which must be 30 days or more fi.om the date Landlord receives the notice) unless Landlord remedies the breach within 21 days. IfLundlordremedies the breach within that 21 dayperiod, this Lease will aot be subject to termination by Tenant in that instance. Tenant will not have the right to terminate this Lease because of conditions caused by the intentional or negligent acts of Tenant or persons on the Premises with Tenant's consent. In addition, Tenant will have the right to pursue all other remedies available, including injunctive relief to order Landlord to remedy the breach, and may recover damages and a~ornays fees. 26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises which Landlord is required to repair unless Tenant has given Landlord written notice of the condition and landlord has failed to successfully repair the condition within areasonable period oftime. If Tenant withholds rent becanse Landlord has bresched the Lease, Tenant mast immediately give Landlord a second written notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair and must state that rent is being withheld for such reasons. [f Landlord then sues Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, ffany, should be paid to Landlord. If conditions exist which Landlord is required to remedy and which creates a fuce hazard or serious threat to the health ar safety of Tenant, Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to require Landlord to repair the Premises, or to obtain other relief, tn such and action, Tenant may pay rent to the court to be held until Tenant's action is decided. If Tenant withholds rent or pays rent into court under this section and the court finds (a) that Tenant has acted in bad faith, (b) that Tenant, Tenant's fmnily or guests have caused the conditions or have refused unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, court costs, any repair costs due to Tenant's violation of the Lease, and attorneys fees. 27. NOTICES. Alt notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth above or at such other address as a party may deslguate from time to time by notice given in accordance with the terms of this section. 6 28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 29. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of the State of Virginia. 30. SEVERABILIT~. Any provision of this Lease which is prohibited by, or unlawful or unenforceable under, Virginia law shall be ineffeefive only to the extent of such prohibitinn without invalidating the remaining provisions of this LeasCo 31. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a breach by Tenant shall not be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue in full force and effect. 32. AGENT'S COMMISSION. The Agent's compensation for services rendered in connection with this Lease shall be paid by Landlord in accordance with the terms contained in a separate agreement. 33° AMENDMENTS. Tliis Leasemay be amended only by a"writing signed by the pm-ties, or by a change in La~udlord's roles and regulations, provided that reasonable notice of such change is given to Tenant and provided that such changes do not substai~tially modify Tenaut's arrangement with Landlord. 34. ENTIRE AGREEMENT. This Lease and any rules and regulations of Landlords constitute the entire lease agreement between Landlord and Tenant. No oral statements made by either party shall be binding. Witness the following signatures: TENANT So~i~ See~W Nmber ADDENDUIVi TO LEASE AGREEMENT Tlais Addendum to Lease Agreement is made and entered into this 1st day o£May 1996, by and among the City of Charlottesville (the "City"), the County of Albemarle (the "County') and Susan H. Seeds & Tony L. Harlowe the "Tenant"). The pmties hereto agree that a residential lease agreement between the parties, dated May 1 , 1996 also includes this addendum, as follows: As additional rent, the Tenant shall perform the following-duties as long as he resides on the Property. The following duties may be modified as duties may be added or deleted by mutual written agreement between the County and City and'the Tenant. Failure to perform the following duties on the part of the Tenant shall constitute a breach by the Tenant under the Lease Agreement: The Tenant Shall: (a) Assure the park enlrance gates and greenbelt gate are opened and closed per posted times and at special requests; (b) Assist the public with information as needed; Clean and stock restrooms and clean up and remove trash in parking lot and playing areas on days park employees are not scheduled to work; In absence of park personnel, perform emergency repair or maintenance of park facilities and grounds, to 'the extent possible, and contact park personnel; In absence of park personnel, assist athletic program officials with decisions related to playability of fields and contact proper athletic program directors when necessary; Take daily attendance count when park employees are not available to perform this duty; (g) Mow and trim grass around tenant house as outlined by Park Foreman; Upon completion of Darden Towe Memorial, raise and lower flags on schedule to be determined by Park Foreman. The Tenant shall not be allowed to have pets or additional residents unless approved by the Park Foreman. It is understood that if this approval is giCen that it may be rescinded in the event a problem develops related to a pet or an additional resident. o The County and City reserve the right to request the Tenant to remove from the site any personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles, appliances, etc.). The County and City reserve the right to request the Tenant to cease any activity that is inconsistent with the park or surrounding neighborhood. The Tenant is responsible for all utilities. The County will pay for elec~ical cra'rent then bill the Tenant. 'Reimbursement will be due within ten days of notification of the Tenant of the amount due. Tenant will assume full responsibility for all other utility payments. o This agreement may be terminated by any party giving written notice of such intention to the other party at least th/rty 00) days in advance ofthe proposed date of termination. o At the termination of this lease, the lease shall not be renewed if required for any of the purposes menfionedin¥irginia Code section 15.t-258. Upon termination, all improvements erected thereon shall revert to the County and City and shall be free from any encumbrance at the time of such reversion° The County and City reserve the right to agree to certain modifications pertaining to the foregoing tenant responsibilities during the term of the lease agreement. R is the intent of the County and City to delegate this responsibility to the Albemarle County Parks and Recreation Department, and its Director. The County and City further agree that, in the event tenant performs additional duties at the specific request of the County and City in connection with the property, or for any other reason in the sole discretion of the County and City, then an adjustment in the payment of rent under this lease agreement may be made, provided that .y such modifications shall be effective only if in v~Ating between the County, City .d the ten.t. It is the intent of the County .d City to delegate this responsibility to the Albemarle County Parks .d Recreation Deparmaent, and its Director. WITNESS the following signatures and seals: CITY Ol BY: ~ COUNT By: By: CITY OF CHARLOTTESVILLE Office of the City Manager P.O. Box 911 · Charlottesville, Virginia · 22902 Telephone (804] 971-3101 Fax (804/ 980-9890 April 23, 1996 Mr. Pat Mulltmey, Director Parks & Recreation County of Albemarle County Office Building 40 t Mclntire Road Charlottesville, VA 22902 Dear Pat: Enclosed is the Towe Park Tenant House Lease with the required signatures from the City~ A copy has been retained for t, ur records. Thank you for your patience. If you have any questions, please let me know. Sincerely, R, Leon Churc~fitt, Jr~ Assistant City Manager Enclosure RESIDENTIAL LEASE AGREEMENT This is a suggested form of Lease recommended by the Real Estate Committee of The Virginia Bar Association for use in the leasing of existing residential property only. This form is not mandatory; other forms are available. You should determine if this form is appropriate for your transactien. It is a legally binding contract. If not understood, legal advice should be obtained before it is signed. THIS LEASE AGREEMENT is made as of this 1st day of May, 1996; by and between CounW of Albemarle & City of Charlottesville CLandlord), whose address is 401 MoIntire Road. Charlottesville. Virginia 22902: PO Box 911. Charlottesville. Virginin 22902 (city) and Susan H. Seeds & Tony L. Harlowe. 1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants herein, Landlord hereby leases to Tenant that property located in the City/County of Albemarle ~ Vitginia~ and known as Towe Park Tenant House together with the fixtures and personal property listed below, (the Premises) for the term of 1 (one) mcntk~/year(s~ commencing at a.m./p.m. (At noon if not otherwise indicated) on_May t , 1996, a.m./p.m, fat noon if not otherwise indicated) on May 1 ,i997. 2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this lease:Range oven. woodstove. 3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other purpose~ The Premises will be occupied by no persons other than persons who have signed this Lease as Tenant and such persons' children under the age of 18. 4. RENT. Tenant agrees to pay as rent the total sum of $4.500.0C. due and payable in advance in monthly installments of $375.00_, except as follows: If tt~e lease term begins on a day other than the first day of a calendar month, the first month's rent shall be Sn/a . If the lease term ends on a day other than the last day of a calendar month, the last month's rent shall be $ rda _. The first month's rent payment is due May 1, 1996. The monthly installment of rbnt due for each month thereafter shall be due on the first day of each month. Rent shall be paid to _County of Albemarle _(landlord/agent) at Albemar}e County Parks & Recreation, 40 t Mclntire Road, Charlottesville. Virginia 22902 -(address) or at other such place as Landlord or Agent may from time to time designate in writing. Ifa monthly installment of rent is not received before the 6th day of the month, Tenant agrees to pay as additional rent a charge of late fee of $ 10.00 for each mouth that the monthly installment of rent is not received by the 6th day of such month. The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent account. Rent payments will be applied fncst to all past due balances of rent and other charges owing under this Lease. The remaining portion if any of such rent payments will be applied to current rent. If there are two or mom tenants, Landlord shall have the option of requiring that only one check, cashier's check or money order will be accepted for each monthly installment for rent. 5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for insufficient funds. This charge will be in addition to any late fee which may be due. If any of Tenant's checks are retrained to Landlord or Agent for insufficient funds, Landlord will have the option of requiring that further payments must be paid by cash, cashier's check, certified check, or money order. 6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $ 375.00 as a security deposit. This sum will be due when this Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if Landlord makes any deductions from the security deposit for charges arising under this Lease or by law, Tenant agrees to pay Landlord such stuns as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit will be held by Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after the termination of this Lease, Landlord may apply the security deposit and any interest required by law to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises, to surrender possession of the premises thoroaghly cleaned and in good condition (reasonable wear and tear excepted), or to fully comply with the terms of this Lease,.and any balance, if any, to unpaid rent Landlord shall provide Tenant with an itemized accounting, in writing, showing all such deductions. Within this 30 day period, Landlord will give or mall to Tenant the security deposit, with any interest required by law and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if Landlord determines that any deductions are to be made from the security deposit Landlord will give written notice to Tenant of such deduction within 30 days of the time Landlord determines that such deduction should be made. This provision applies only to deductions made 30 days or more before the termination of this Lease. Landlord will maintain itemized records of all security deposit deductions and these records may be inspected by Tenant, his author/zed agent or attorney, during normal business hours. However, when two years has passed from the time a deduction was made, Landlord.may destroy the record ofthat deduction. If Landlord sells or otherwise transfem all or any interast in the Premises during the term of this Lease, Tenant agrees that 12ndlord may transfer the security deposit, plus any interest required by law, to the purchaser who in such event shall be obligated to comply with the provisions of this section. 7. PARKING. Tenant agrees to comply with such parking roles and regulations as Landlord may issne fern time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity to comply with any parking changes made during Tenant's term of occupancy under this Lease. Vehicles parked on or about the Premises in violation of such rules and regu/atious may be towed at the owner's expense. 8. PETS. No dogs, cats or other animals shall be kept in or about the Premises by Tenant or Tenant's guests without Landlord's prior written consent, which may be withheld in the Landlord's sole discretion. 9. UTiLiTIES. A. Landlord agrees to provide, at Landlord's expense, those utilities and equipment check below: Water & Sewage Electrical Current Fuel: water heat not to exceed 120 Fahrenheit Fuel: heat setting not to exceed 55 Fahrenheit _XX~Range with Oven Dishwasher ___Dryer Cable TV Service Firewood (amount to be determined by Landlord) Fuel: cooking Air conditioning Unit Refrigerator Washer XX Woodburning Stove * Landlord's written consent must be obtained before the installation or use of a woodbuming swve. 9. B. Tenant agrees to provide, at Tenant's expense, the following utilities and equipment: i0. ALTERATIONS AND IIViPROVEMENTS. Tenant agrees that no alterations, installations, repairs or decoration (including painting, staining and applying other finishes) shall be done without Landlord's written consent. Such consent will not be unreasonably withheld. However, Landlord may require Tenant to return the Premises to its original condition when this Lease terminates or expn:es. In addition, Landlord may require that any change, alteration or improvement to the Premises will become a permanent part of the Premises which may not be removed upon the termination or expiration of this lease. Such changes or improvements will include, but not be limited to, locks, light fixtures, shutters, bdilt-in shelves or bookcases, wall-to-wall carpeting, flowem and shrubs. l 1. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs, decoration% alterations or improvements, and to show the Premises to prospective tenants, purchasem, mortgagees, workers and conU'actors and shall have the fight to erect or place "For Sale" or "For Renf' signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable times. 12. MOVE IN INSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord agrees to provide Tenant with a list seeing fo~h all of the defects and damages to the Premises, its equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by written notice given to Landlord within five days after Tenant receives the list. 13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and safe working condition; and comply with applicable building and housing code requirements materially affecting health and safety. Landlord's failure to comply with the above requirements will not be grounds for Tenant's termination of this Lease unless Tenant has given Landlord written notice of the defective condition and Landlord has failed to remedy the condition within 21 days. However, Tenant may not terminate the Lease if Tenant, a member of Tenant's family or some other person on the Premises with Tenant's consent intentionally or negligently caused the defective condition. Such defective conditions will be repaired at Tenant's expense. Any termination by Tenant shall be made in accordance with the section of this Lease concerning breach by Landlord. 14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the Premises clean and safe; use all electrical, plumbing, heating, ventilating and air-conditiouing facilities and appliances in a reasonable manner;, conduct himself or herself, and require 3 guests to conduct themselves, in a manner that wffi not disturb Tenant's neighbors: and to take care not m intentionally or negligently des/roy, damage or remove any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and agrees to care for, maintain and repair the Premises, equipment, appliances and fixtures. Upon the expiration or termination of this Lease, Tenant agrees m deliver the Premises in good and clean condition, ordinary wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by wear and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give Landlord prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such defect. Tenant will be liable for the costs of any repairs of such additional damage which might have been avoided had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to release, indemnify, protect, defend and hold the County and City harmless fi:om alt liability, obligations, losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's fees. of any kind or nature whatsoever, whether suffered, made, instituted or assei~ed by any entity, party or person for any personal injury to or death of any person or persons and for any loss, damage or destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of Tenant, Tenant's guests or other persons ~n the'~':~zemises with the consent or pe~rmission of Tenant Tr.~e foregoing agreement to indemnify shall continue in fulI force and effect notwithstanding the termination of this Agreement. 15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this Lease, Tenant will remove all of Tenant's property from the Premises and deliver possession of the Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in compliance with such reasonable conditions as may be set forth in Landlord's rules and regulations. Tenant's compliance with this section is necessary to insure that the Premises will be in good condition for the next tenants to whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may suffer due to Tenant's failure to leave the Premises thoroughly clean and in good condition_ reasonable wear and tear expected. 16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the Premises to determine whether Tenant has properly maintained the Premises and has left Premises thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation and unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances willnot be consideredordinary wear and tear. This inspection will be made to determine what portion of the security deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount of the security deposit. This inspection'will be made with 72 hours after the termination of Tenant's occupancy of the Premises. For the purposes of this section. the termination of Tenant's occupancy of the Premises will not be deemed to have occurred until all or substantially ail of Tenant's property has been removed from the Premises. Tenant will have the right to be present during this inspection, provided Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon receiving such notice, Landlord will notify Tenant of the time and date when the inspection w'fll be made, However, Tenant's delay in notifying Landlord of Tenant's desire to attend the inspection will not require Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy. If Tenant attends the inspection, an itemized list of damages known to exist at the time of the inspection will be provided to Tenant by Landlord immediately upon the completion of the inspection. t 7. ABANDONIv[ENT OF PROPERTY. Any personal property Tenant leaves on the Premises after the termination or expiration of this Lease may be treated by Landlord as abandoned properaj. Landlord will prepare an itemized list of such property and may mediately remove the property from the Premises and place it in storage for safekeeping for a period not less than one month from the date this Lease terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property during this one month period, provided that Tenant pays tho cost of its removal and storage. Upon expiration of the one month period, Landlord will be flee to dispose of the property as Landlord sees ftt, provided written notice of Landlord's intent to dispose of the property is given to Tenant at least 10 days before such disposal occurs. This notice must be sent to Tenant's last known address, address correction requested. In addition, Landlord must keep the itemized list of Tanant's property for two years after Landlord disposes of that property. Any funds received by Landlord fi:om the disposal of Tenant's property may be applied to Tenant's indebtedness to Landlord for anpald rent or other damages, including charges for removing, storing and selling the property. Any remaining funds will be treated as security deposit. lg. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or Tenant's guest, fire or other cause destroys or damages thc Premises to the extent that Tenant's enjoyment is substantially impaired, Tenant may immediately vacate the premises and within 14 days thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will remm Tenant's security deposit, any interest required by inw, and prepaid rent covering the period after Tenant vacated the Premises - snbject to any set off for charges or damages Tenant owes to Landlord. If, through no lank or negligence of Tenant or Tenant's guests, fire or other cause damages the Premises to the extent that Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord will have a reasonable period of time in wkich to repair the Premises. Landlord's duty to repair will not arise until Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to repair the Premises within a reasonable period of time after having received written notice from Tenant, Tenant will be entitled to a reduction in rent for that period of time beg'muing 30 days after notice was given to Landlord and ending on the date Landlord successfully repairs the Premises. In any dispute concerning Tenant's right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the condition of the Premises justifies such relief. 19 BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tanant's person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant's guest. 20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-discriminatory rules and reguiations which concern the use and occupancy of the Premises, which intend to promote the convenience, safety or welfare m tenants or preserve Landlord's property from abusive conduct. Landlord agrees m give Tenant reasonable notice ef ar:~'~ new rnles or regulations before enforcing such rules and regulations against Tenant. 21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and other charges due under this lease unless Landlord signs a written statement on which Landlord agrees to release Tenant fi.om such liability. 22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the United States armed forces and (I) receives orders for a permanent change of station to depart 50 miles or more (radius) fi:om the Premises or (ii) is prematurely and involuntarily discharged or relieved from active duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a written notice of termination. This notice must state the date when term'matiun will be effective and that date shallnot be less than 30 days after the date Landlord receives the notice. In addition, the termination date shall not be more than 60 days prior to the date of daparmre necessary for Tenant to comply with the official orders or any supplemental insm~cfions for interim training or duty prior to the transfer. Tenant's writtan notice of termination must be accompanied by a copy of the official orders. If Tenant exercises this right to terminate this Lease, Tenant shall be obligated for rant prorated to the~date of termination, Rent for the final month or portiun thereof shall be due un the first day of such month, On accouut of Tenant's early termination of this Lease. Landlord may require Tenant to pay liquidated damages as follows: (a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date ofterm'mation, liquidated damages may be no greater than one month's runt. (b) Lf Tenant has completed at least6 months but less than 12 months of the tenancy under this Lease as of the effective date of termination, liquidated damages may be no greater than one half of one month's rent. Any amount owed as liquidated damages by Tenant shall be due on the first day of the month in which the effective teiauination date occurs. This section shall not relieve Tenant of any other liabilities which have'accrued as of the date of termination. 23. RENEWAL OR F~XTENSION OF LEASE, This Lease will automatically terminate at the end of the lease term on the date on which Tanant's occupancy ends. The termination of this Lease will terminate Tanant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arisin~ out of events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless flint agreement is in writing and signed by Tenant and Landlord. If Tenant remains in possession of the Premises after the lease term is term/hated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month to month lease subject to termination by either parry upon 30 days notice, the monthly rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. 24. ASSIGNMENT OR SUBLET. Tenant will not assign this Le~e or sublet the Premises without Landlord's prior written consent, which will not be unreasonably wihhheld or delayed. Tenant agrees to pay Landlord a $ rda fee if Tenant assigns or sublets the Premises, or any part therecf. No assignment or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability. 25. BREACH BY TENANT. If (a) Tenant falls to pay rent within f~ve days after the date when due, (b) Tenant commits a material breach of this Lease, (c)Tenant denies Landlord's exercise of any rights under this Lease or aris'rog by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose of Tanant's leasehold interest in the Premises, or (e) the Premises is used by Tenant or others for any illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal proceedings or, if the Premises is abandoned, to enter and take possession by any lawful means. In addition, Landlord will have the right to pursue ail other remedies available, including a claim for damages. If Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to judgment), Tenant will be liable as follows: (a) For all past :iue rent and other charges (bl For all additional rent (furore rent) that would have accrued until the expiration of the term of occupancy under this Lease or until a new lease term begins (provided (I) that this will not affect Landlord's duty to minimize the damages by making reasonable efforts to enter into a new lease as soon as practical, and (ii) that if Landlord obtains a judgment for furore rent, Landlord shall apply as a credit towards thatjadgment all funds received by Landlord as rent for the Premises for these months for which the judgment for future rent was awarded. (c) For all expenses Landlord may incur for clear, ag, painting and repairing the Premises due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted; (d) For any court costs and reasonable attorneys fees incurred by Landlord (I) in collecting rent, other charges or damages, and (ii)~in obtaining possession of the Premises; (e) For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and anorneys fees. Tenant understands and agrees that this amount represer~s damages landlord will be iikely to incur in eftbr~ to obtain a judgment against Tenant (including time and effort spent in case investigation, correspondence, filling suit, discussions with lawyers, case prepamtiun and court attendance) and to collect such a judgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If Tenant fails to pay the rent within that 5 day period, Landlord may terminate the Lease and proceed to obtain possession of the Premises by filing an unlawful detainer proceeding. In that proceeding, Landlord may pursue a claim for rent and other damages. In connection with breaches other than failure to pay rent, ifa material noncompliance with this Lease exists or ff there is a violation mater/ally affecting health and safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the breach end stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant receives the notice unless the breach is remedied within 21 days, and (ii) that the lease will terminate as set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the Lease shall not terminate. On the other hand, if the breach is not remedial, Landlord's written notice to Tenant may state the acts and omissions constituting the breach and state that tbeJ[ease will terminate upon a specific date, which date may not be less than 30 days after Tenant receives the notice. 25. BREACHBY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) falls to a substantial extent to comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and conditions on the Premises concerning Landlord's breach and stating that this lease will terminate upon a specific date (which must be 30 days or more from the date Landlord receives the notice) unless Landlord remedies the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease will not be subject to termination by Tenant in that fustunen. Tanant will not have the right to terminate this Lease because of conditious cansed by the intentional or negligent acts of Tenant or persons on the Premises with Tenant' s consent, In addition, Tenant will have the right to pursue all other remedies available, including fujunctive relief to order Landlord to remedy the breach, and may recover damages and attorneys fees. 26. RENT WITHHOLDiNG. Tenant may not withhold rent because of conditions on the Premises which Landlord is required to repair unless Tenant has given Landlord written notice of the condition and landlord has fa/led to successfully repair the condition within a reasonable period of time. If Tenant with_holds rent because Landlord has breached the Lease, Tenant must immediately give Landlord a second written notice oftbe breach and of any conditions of the Premises which Landlord is required to remedy or repair and must state that rent is being witltheld fer such reasens. If Landiord than sues Tenant for possession of the Premises or for withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it decides what portion, if any, should be paid to Landlord. If conditions exist which Landlord is required to remedy and which creates a fire hazard or serious threat to the health or safety of Tenant, Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to require Landlord to repair the Premises, or to obtain other relief. In such and action, Tenant may pay rent to the court to be held tmtil Tenant's action is decided. If Tenant wifuholds rent or pays rent into court under this section and the court finds (a) that Tenant has acted in bad faith, (b) that Tenant, Tenant' s family or guests have caused the conditions or have refused unreasonably to allow Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, cour~ costs, any repair costs due to Tenant's violation of the Lease, and attorneys fees. 27. NOTICES. Alt notices in writing required or permitted by this Lease may be delivered in person, or sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth above or at such other address as a party may designate from time to time by notice given in accordance with the terms of this section. 6 28. HEADiNGS. The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 29. GOVERNING LAW. This Lease is anteredinto and shall be cons~med tmder thelaws ofthe State of Virginia. 30. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. 31. FAILURE TO ENFORCE LEASE NOT A WAIVEtL Landlord's waiver of a breach by Tenant shall not be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue in full force and effect. 32. AGENT'S COMMISSION. The Agent's compensation for services rendered in connection with this Lease shall be paid by Landlord in accordance with the terms contained in a separate agreement. 33. AMENDMENTS. ThisLease may be amended only by a writing signed by the parties, or by a change in Landlord's fa!es and regulations, provided that reasonable notice of such change is given to Tenant and provided that such changes do not substantially modify Tenant's arrangement with Landlord. 34. EN I'IRE AGREEMENT. This Lease and any roles and regulations of Landlords constitute the entire lease agreement between Landlord and Tenant. No oral statements made by either parry shall be binding. Wituess the following signatures: TENANT Social Sec~i~ N~r ADDENDUM TO LEASE AGREEMENT This Addendum to Lease Agreement is made and entered into this 1st day of May . 1996, by and among the City of Charlottesville (the "City"), the County of Albemarle (the "County"} and Susan H. Seeds & Toni L. Harlowe the "Tenant"). The parties hereto agree that a residential lease agreement between the parties, dated May 1 ~ 1996 also includes this addendum, as follows: As additional rent, the Tenant snail perfo~-m the following duties as long as he r~id~ on the Property. The following duties may be modified as duties may be added or deleted by mutual written agreement between the County and City and the Tenant. Failure to perform the following duties on the part of the Tenant shall constitute a breach by the Tenant under the Lease Agreement: The Tenant Shall: (a) Assure the park entrance gates and greenbelt gate are opened and closed per posted times and at special requests; (b) Assist the public with information as needed; Clean and stock restrooms and clean up and remove trash in parking lot and playing areas on days park employees are not scheduled to work; In absence of park personnel, perform emergency repmr or maintenance of park facilities and grounds, to the extent possible, and contact park personnel; In absence of park personnel, ass/st athletic program officials with decisions related to playability of fields and contact proper athletic program directors when necessary; (f) Take daily attendance cqunt when park employees are not available to perform this duty; (g) Mow and trim grass around tenant house as outlined by Park Foreman; Upon completion of Darden Towe Memorial, raise and lower flags on schedule to be detertrdned by Park Foreman. The Tenant shall not be allowed to have pets or additional residents unless approved by the Park Foreman. It is understood that if this approval is given that it may be rescinded in the event a problem develops related to a pet or an additional resident. The County and City reserve the right to request the Tenant to remove from the site any personal property that is inconsistent with the scenic natural beauty of the park (inoperable vehicles, appliances, etc.). o The County and City reserve the right to request the Tenant to cease any activity that is inconsistent with the park or surrounding neighborhood. The Tenant is responsible for all utilities. The County will pay for electrical current then bill the Tenant. Reimbursement will be due within ten days of notification of the Tenant of the amount due. Tenant will assume full responsibility for all other utility payments. o This agreement may be terminated by any party giving written notice of such intention to the other party at least thirty (30) days in advance of the proposed date oftcmnination. At the termination of this lease, the lease shall not be renewed if required for any of the purposes mentioned in Virginia Code section 15.1-258. Upon termination, all improvements erected thereon shall revert to the County and City and shall be free from any encumbrance at the time of such revermon. The County and City reserve the right to agree to certain modifications pertaining to the foregoing tenant responsibilities during the term of the lease agreement. It is the intent of the County and City to delegate ti:ds responsibility to the Albemarle County Parks and Recreation Department, and its Director. The County and City furth~ agree that, [u the event tenant performs additional duties a~ the specific request of the County and City in connection with the property, or for any other reason in the sole discretion of the County and City, then an adjustment in the payment of rent under this lease agreement may be made, provided that any such modifications shall be effective only if in writing between the County, City and the tenant. It is the intent of the County and City to delegate this responsib'flity to the Albemarle County Parks and Recreation Department, and its Director. WITNESS the following signatures and seals: CITY Ol BY: ~ COUNT By: By: ~ ~2~ W~ (tenant) COUNTY OF EXECUTIVE SUM MARY AGENDA TITLE: Albemarle County Strategic Plan SUBJECT/PROPOSAL/REQUEST: Proposal for an Albemarle County Strategic Plan. STAFF CONTACT(S): Mr. Tucker, Ms. White. Mr. Benish AGENDA DATE: May 1, 1996 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: / BACKGROUND: In August 1993, the County participated in a Visioning Forum with the C'~y and the University out of which came a community vision dMded into four major functional areas: Land Use/Environmental Balance, Social Well Being. Economic Opportunity, Educational Quality and Government Structure and Public Services. Both the Board and the Planning Commission reviewed this documentin August, 1994 along ~ the Counts community survey and generally accepted the community vision with the undemtanding that it would form the basis of the 1996-97/2000-04 Comprehensive Plan. With this community vision as a base for the introductory chapters, planning staff began to expand the scope of the comprehensive plan to include other areas of the cornmun[ty besides land use. such as human services, arts and culture, housing, and education, information for these sections oftbe comprehensive plan was not to be the responsibility of planning staff, but would come from the expertise and written documents of other groups, i.e., the Housing Committee, Piedmont Council of the Arts, School Board. etc. However. as the Planning Commission moved into its review of these new elements, questions have adsen about the Planning Commission's role in e'~er approving or rewriting plans already developed and approved by other official groups, i.e., Housing Committee, School Board. Questions have also been raised about the appropriateness of the Planning Commission making dec/sions over functional areas in which they have had little exposure or experience and whether those decisions should be made directly by the Board of Supervisom. For this reason, and others cited below, the follow~eg proposal is presented to the Board as an alternative way of developing and approving a comprehensive strategic plan for the County of Albemarle. DISCUSSION: The proposalto the Board for discussion and approval atthis llme is to replace the original concept of incorporating all elements of the County's vision and mission, Le., housing, human services, arts~culture/education into the Comprehens'nre Plan with a more flexible, simplified Strategic Plan approved directly by the Board of Supervisors that would incorporate the Land Use/Facir(~es/Envimnmental goalsand objectives ofthe comprehensive plan into it. as welt asthe major goals and objectives of the other plans. It could also be expandable at a later time to other functional areas deemed priorities by the Board. An Albemarle County Strategic Plan would incorporate the community vision as a starting point for setling out major goals and objeciives around the five basic areas of Land Use/Environment, Economic Opportunity, Educational Quality and Government Structure and Pubr[c So.cos. Major sections of goals and objectives would be organized around different functional areas that are deemedimportantto the County, such as housing, human services, education, arts and culture land use, environmental quality, and economic development. The goals and objectives in these sections could be derived from reports or documents alreadydevelaped and reviewed by other groups and would only need Board approval to be incorporated into an overall plan. Other areas that could be included or developed at a later time could be transportation, recreation, financial AGENDA TITLE: Albemarle County Strategic Plan May 1, 1996 Page 2 planning and management, government structure, etc. A future section on public services could include public safety and court services, fire and rescue services, juvenile services, etc. All background data and narrative from the various functional areas would be referred to separate documents, but would not be included in the strategic plan Incorporeting only the major goals and objectives for these selected areas would provide a simpler document for both. the Board and the public that would establish the major directions of the County in a number of areas over the next three to five years. Since all the major goals and objectives would be included in one place, this type of document could be easily used as the basis of departmental annual work plans and could be updated on an annual or biennial basis by the Board. This type of strategic plan could be used by the Board to give policy direction for major initiatives, to serve as a guide in making budget decisions, and as an easily accessible document to measure the County's progress toward identified goals in the plan. It would also absolve the Planning Commission from having to approve or rewdte areas of the County's mission that are not only unfamiliar to them. but which have already been approved by other appointed bodies. Many other localities have adopted similar strategic plans that include the major goals and objectives for a number of priority areas identified by their Boards. Examples of these plans are available in the County Executive's Office for information. RECOMMENDATION: Staff recommends proceeding with the development of an Albemarle County Strategic Plan that would include the major goals and objectives for identified priodty areas, including education human services, arts and culture, economic development and housing with the understanding that the land use/physical developmentJfecility elements in the Comprehensive Plan will also be incorporated into it after final approval. Should the Board approve the concept of a separate strategic plan, staff will proceed with developing a draft document for Board consideration. 96.075 Fo rm. 3 7/25/86 MAY I, I gg8 EXECUTIVE SESSION MOTION I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION PURSUANT TO SECTION 2. I "~44(A) Of THE COdE OF VIRGINIA UNDER SUBSECTION ( I ) REGARDING a PERSONNEL EVALUATION AND REGARDING THE ASSIGNMENTS OF SPECIFIC EMPLOYEES AND UNDER SUBSECTION (7) TO CONSULT WITH LEGAL COUNSEL AND STAFF MEMBERS REGARDING SPECIFIC LEGAL MAI I ERS RELATING TO REVERSION, RELATING TO PUBLIC SAFETY AGREEMENTS, AND RELATING TO PROBABLE LITIGATION CONCERNING A CONTRACT. LARRY W. DAVIS MARK A. TRANK GREG Y, AMPTNER COUNTY OF ALBEMARLE Office of County Attorney 401 Mclntire Road Charlottesville, Virginia 22902-4596 April 26, 1996 PHONE (804) 972.4067 FAX (804) 972-4068 W. Clyde Gouldman, II, Esquire Charlottesville City Attomey Charlottesville City Attomey's Office P.O. Box911 Charlottesville, Virginia 22902 Re: School Consolidation Study Dear Clyde: Thank you for your letter of April 25, 1996. The County will now treat your request for information under the rules of the Freedom of Information Act. We will respond within five working days regarding the availability of the requested information and the costs associated with producing it. I would like to take this opportunity, however, to set the record straight as to why the requested information has not been produced by the County to date. After the receipt of your March 15th request, you talked with Mark Trank and with me regarding the request. You specifically stated that it was not to be treated as a FOIA request and were willing to accommodate ' the school staff's time constraints, which we appreciated. You further told me on March 28th that if there was a need for the information to be produced by any particular deadline you would let me know. I've heard nothing from you regarding this until your letter of April 25th. On April 3rd, the County requested the City to reconsider its approach on this issue so that a meaningful study could be accomplished. Your lack of response or further request for information gave us hope that the City was willing to abandon its secretive and closed door study being conducted for purposes of litigation with an open and public study to be conducted for the purposes of discussion. It was my impression that there was no need to respond to your consultant's information request if that study was not going to proceed. I am disappointed that City Council has rejected the County's proposal and that you are now, again, requesting this information. The County's request to participate in a joint study, as you know, was first proposed by the County when Bob Tucker and I met with you and Gary O'Counell in early January when you W. Clyde Gouldman, II, Esquire April 26, 1996 Page 2 advised that the City was initiating the study. It was proposed by Bob and I at that meeting that the County was willing m cooperate and to share in the cost of a study. You rejected that suggestion because you did not want to share the study. It is disingenuous now for City Council to state that the reason to notcooperate i's tlCat i~e ~tudy is fifty percem complete. It is appreciated that once the study "is finally complete" that it will be shared with the County. I hope that when it is shared that all of the work product is also shared so that it is not simply a consultant's study prepared for purposes of litigation. The County School Board will continue to encourage the City School Board to cooperate in an open study on consolidation. Sincerely, LWD:rcs cc: Board of Supervisors Robert Wo Tucke~, Jr. 94-208.042 COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 2290~-4596 (8041 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkins Sally H. Thomas TO: FROM: DATE: SUBJECT: Members of the Eoard of Supervisors Ella W. Carey, Clerk ~0~/ April 25, i996 Appointments co Various Boards/Commissions~Committees AGRICULTURA/~& FORESTALDISTRICTADVISORY COMMITTEE: One vacancy. Scott Morrill resIgned. There is no cerm limit. CHILDREN & YOUTH CO~MISSION: Two vacancies as of June 30, 1996. Blance R Steppe and Whelma E. Whiting may be reappointed, but neither responded to a leuEer asking if they so desired. The uerms of these appointments will expire on June 30, 1999 CO~H4W3NtTY COLLEGE BO~RD OF DIRECTORS: Three vacancies as of June 30. 1996. Grace Carpenter is hOE eligible for reappointment. William A. Finley, Jr. and Joseph T. Henley, III are eligible, and have expressed a desire to be reappointed. The terms of these appointments wilt expire on June 30, 2000. CO~I~NITY SERVICES BOARD: Two vacancies as of Ju~e 30, 1996. Lois Brown is not eligible for reappointment. Jacquelyn Perry is eligible for reappointment, but did not respond to a letter asking if she so desired. The terms of these appointments will expire on June 30, 1999. EQUALIZATION BOARD: One vacancy as of December 31, 1995 'Rivanna District). The term of this appointment will expire on December 31, 1996 HOUSING CO~ITTEE: One vacancy due to lack of attendance by Committee member. The unexpired term of this appointment is through December 31, 1996. I/~DUSTRIAL DEVELOPF~ENT AUTHORITY: One vacancy as of January 19, 1996. Bruce Rasmussen does not wish to be reappointed. The term of this appointment will expire on January 19, 2000. LIBRARY BOARD: One vacancy as of June 30, 1996. Jerry E. Jones is eligible and has expressed a desire to be reappointed. PLANNING COMMISSION: The University of Virginia ~pointee's uerm expired on December 31. 1995. They have requested that Pete Anderson be reappointed for another year. PUBLIC RECREATIONAL FACILITIES AHTHORITY: David Bass was appointed uo the Board of Zoning Appeals and resigned this position effective January i, 1996. His unexpired Lezun is through December 13, 1996. Hicardo Preve resigned effective October 25, 1995. His unexpired term is through December 13, i997. Printed on recycled psper Memo to: Board of Supervisors Date: April 25, 1996 (Page 2) Tim Michel's uerm expired on December 13, 1995; he does no5 wish to be reappointed. The new term will expire on December 13, 1998. RIVANNA SOLID WASTE AUTHORITY: The uerm of F. A. Iachetta expires on May 1, 1996. CITIZ~SADVISORY CO~ITTEE: Mr, Preston Coiner the joint City/County appolnLess Eerm expires On May 1, 1996. RIVANNA WATER & SEWER AUTHORITY: The Lerm o~ F. A. Iachetta expmres on May 1, 1996. AC'aC/NDA ITf~l 1~). AGt~XI)A ITfiM N.A¥~ DEFERRED llql'IL Form. 3 7/25/86 AGREEMENT This Agreement dated the lst. day of bla¥ . 1996. between the COUNTY OF ALBEMARLE, a political subdivision of the Conm~onwealth of Virginia ~hereinafter the "County") and the SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT (hereinafter "STVFD"), a volunteer fire company established pursuant to Virginia Code Section 27-8_ provides as follows: WHEREAS. the County has determined that it is desirable and necessary for the health, safety and welfare of the County and its citizens to provide aerial fire fighting equipment: and WHEREAS. the County and STVFD have in cooperation developed a program to provide and man aerial firefighring equipment and to provide such service 24-hours a day within the County; NOW, THEREFORE in consideration of the terms and conditions and covenants hereinafter set forth, the parties agree as follows: SECTION I RESPONSIBILITY OF STVFD A. l'he STVFD shall provide fire, rescue, and emergency medical service to the citizens of Albemarle County identified within the service area designated on the map, attached hereto as Exhibit 1 and incorporated herein by reference, and shall attempt to provide 24-hour a day, seven day a week coverage. B. The STVFD shall provide assistance to other County fire companies and emergency medical service agencies to deliver fire, rescue, and emergency medical service to all'other service areas of Albemarle County as needed and in accordance with standard operating procedures and agreements with such other fire companies and emergency medical service agencies. Such assistance shall include the provision of the aerial firefighting unit. C. The STVFD agrees to provide the aerial firefighting unit for fire, rescue, and emergency medical service to other governmental jurisdictions with which Albemarle County establishes muttml aid agreements. D. The STVFD shall recruit, train and maintain a roster of certified operators and officers to man the aerial firefighting equipment when providing service as described above. When volunteer personnel are assigned to drive or operate the aerial fire fighting unit th.e STVFD shall assure that such personnel are trained and qualified in the program and procedures identified in the County's Aerial Operations Training Program. In addition, any officers in charge of the aerial firefighting unit will possess a Firefighter II Certificate from the Virginia Deparunent of Fire Programs. It shall be the responsibility of the STVFD to assure that such personnel are trained and qualified and that required licenses and certificates are maintained, SECTION I1 RESPONSIBILITY OF THE COUNTY A. The County agrees to purchase an aerial firefighting unit and associated equipment, subiect to appropriation of necessary funds by the Albemarle County Board of Supervisors. for use by the STVFD. The County shall own and maintain such unit and equipment and shall provide for all fuel and repairs. In addition, the County will provide all necessary insurance for the unit Such costs shall not be part of nor shall decrease the yearly allotment from the County to any volunteer fire company or rescue squad. B. The County shall employ career firefigi~ters, subject to armual appropriation by the Albemarle County Board of Supervisors, to assist and support the STVFD with the operation of the aerial firefighting unit and equipment and provision of fire, rescue, and emergency medical services during agreed daytime hours Monday through Friday of each week excluding County holidays. The hours of service provided by career County firefighrers shall be determined by the County Fire Rescue Chief after consultation with the STVFD Chief. Cour~ty firefighting personnel shall possess a Firefighter II Certificate from the Virginia Department of Fire Programs and an Emergency Medical Technician Certificate from the Commonwealth of Virginia. It shall be the responsibility of the County to assure that such career personnel are trained and qualified to this level and that required licenses and certifications are maintained. In addition, such career personnel shall be trained and qualified in the program and procedures identified in the County's Aerial Operations Training Program. C. Career firefighting personnel shall be emplOyed by the County pursuant to County personnel policy and procedures. Such career employees shall not concurrently be a paid County firefighting employee and a member of any volunteer fire company or rescue squad operating within the County. The County Fire Rescue .Chief shall be responsible for the supervision, evaluation and station assignments of career personnel. Such decisions shall be consistent with standard operating procedures agreed to by the County and the STVFD and shall be made after review of any input from the STVFD Fire Chief. 2 D. Standard operating procedures acceptable to the County and the STVFD shall be developed to address the shared operation and service responsibilities of the career firefighters and volunteer personnd. SECTION III STATION AND FACILITIES A. The STVFD shall provide career firefighting personnel access to all facilities of the STVFD and shall provide space for personal lockers, file storage and other appropriate space reasonable and necessary to perform their duties. B. The STVFD shall authorize career firefighting personnel to drive. operate and utilize the STVFD's apparatus and equipment consistent with established guidelines and procedures acceptable to the County and the STVFD. ' The STVFD Chief and the County Fire/Rescue Chief shall jointly be accountable for the training and orientation of career firefighting personnel on the proper operation and use of such apparatus and equipment. C. The STVFD shall provide adequate space in the bay area in the fire station to house the aerial firefighting unit. Any modifications or additions required to provide adequate bay area space shall be provided by the S 1W-FD at its sole cost, D, The aerial firefighting unit shall remain in service at all times. The STVFD shall assure that the aerial firefighting unit is maintained in safe operating condition. If the unit is out of service for repairs or for any other reason, the STVFD Chief or his designee shall immediately notify the County Fire/Rescue Chief. E. The aerial firefighting unit shall be located and used by the STVFD only at such locations and in such a manner as agreed to by the County. F. Career firefighting personnel may be assigned to fire fighting units other than the aerial firefighting unit. as needed, provided that the aerial firefighting unit is properly manned. G. Career firefighting personnel will partidpate in cleaning, maintenance and repair of the station, grounds and apparatus consistent with the standard operat'mg procedures and polities agreed to by the County and the STVFD. 3 SECTION IV TERM This Agreement shall become effective upon its execution by both parties, and shall continue in effect indefinitely until terminated by either party in accordance with the provisions of this section. This Agreement may be terminated (1) by mutual agreement of both parties at any time. evidenced by a written amendment to this Agreement or other similar document signed by both parties, or (2) by either party by giving three months written notice of such intent to terminate the Agreement to the other party at the address and in the manner set forth below, provided, however, the Agreement shall not be terminated except by mutual agreement within 12 months of its effective date. Notice to the County shall be sent to: County Executive's Office County of Albemarle 401 Mclntire Road Charlottesville, Virginia 22902-4596 With a copy to: Fire Rescue Chief County of Albemarle 401 Mclntire Road Charlottesville. Virginia 22902-4596 Notice to STVFD shall be sent to: Seminole Trail Vohmteer Fire Department Chief P.O. Box 7002 Charlottesville_ Virginia 22906 SECTION V ENTIRE AGREEMENT This Agreement contains the binding agreements between the parties and supersedes all other agreements and representations, written or oral, on the subject matter of this Agreement, including any statements in referenced exhibits or attachments that may be in conflict with statements in this Agreement. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated below. BY: ALBEMARLE COUNTY. VIRGINIA BY: - ITS: SEMINOLE TRAIL VOLUNTEER FIRE DEPARTMENT e~ ,/ ~'T-~. "/'~',/~r - (title) APPROVED AS TO FORM: Of ^WOR EY 94-303.001