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Home My WebLink About1995-11-01F I N & L November 1, 1995 9=00 A.M. Room 241, County Office Building 1. Call to Order. 2. Pledge of Alleglance. 3. Moment of Silence. 4. Other Matters Not Listed on the Agenda from the Public. 5. Consen~ Agenda (begins on bottom of this sheet). 6. Approval of Minutes: June 7, 1995. 7. Transportation Matters: Route 614, Report on Paving Work After Flood Restoration, 8. Family Partners Program: Presentation by Kathleen Flanders, Coordinator. 9. 10:30 A.M. - Appeal, Decision of the Architectural Review Board (ARB) re: Cove Creek Baseball Park Building Permit. 10. Airport Impact Area Overlay Zoning District- report on request from Pleasant Grove Baptist Church to allow church extension into the AIA. 11. Jefferson Area Board on Aging (JABA), Request =o support a petition to the General Assembly for tax exempt status for the proposed Adult Realth Care Center. 12. 1996 Legislative Program, Presentation by Bonnie Fronfelder. 13. Albemarle County Service Authority Service Area Boundary Change: Request for sewer to existing structures at 1-64 East rest area; water and sewer to existing strucnures at 1-64 West res= area; and, sewer servzce to the Ivy Landfill. 14. Appropriation: Sustainable High School Design and Land Acquisition, (Form #95028) $535,000. 15. Albemarle/Charlottesville Regional Jail Authority Agreement. Request approval of agreement to create a regional jail authority. 16. FY 1996-97 Preliminary Revenue Projections and Budget Guidance - proposed distribu- tion of new revenues to General Government and the School Division. 17. Appropriation request: Replacement Van for the Sheriff's Department. 18. Executive Session: Personnel. 19. Certify Executive Session. 20. Appointments. 21. Other Matters Not Listed on the Agenda from the BOARD. 22. Adjourn. CONSENT AGENDA FOR APPROV~tL= 5.1. Preddy Creek Property Survey. acre Preddy Creek property. 5.2. Appropriation Requests: Requesu for funding to survey the County-owned 568- ao co Volunteer Fire Companies - (Form ~95029), $1,099.84. Education funding for Eisenhower, DuPont and Family Literacy Grants (Form #95030), $39,224.50. Murray High School Building Renovation Project, (Form #95031), $59,500. Joint Security Complex, funds from Inmate Telephone Account, (Form 9S032#), $21,000. Early Retirement Request. Request Board approval of early retirement benefits for a Police Department employee. 1995-96 Secondary Roads Construction Budget. Request approval of the 1995-96 budge=. 5.5* Virginia Juvenile Community Crime Control Act (VJCCCA). Request approval of resolution of certification for use of Virginia Juvenile Community Crime Control funds in the amount of $68,422. 5.6. Lease/Purchase Agreement, request authorization to enter i~to a lease/purchase agreement to facilitate the acquisition of various computer-related hardware, software and maintenance services. Cencr~l. (Deleted) FOR INFORMATION: 5.8. 5.9. 5.10. 5.11. 5.12. Neighborhood Team. Informational report on a proposal to develop a ~o~e effective Ch~el of communication with citizens through existing neigh~orhoed ~soci~tions and neighborhood watch groups. Copy of letter dated October 12, 1995, ~from A. G. Tucker, Resident ~ng~neer, addressed to John Greene re: Route 250~Business/250 Bypass Rambl~ Strip Re%isioh. copy of letter dated October 12, 1995, from Davld J. ~irschma~, Water ~esou~cgS.~ Manager, addressed to Angela Tucker, Resident Engineer, re: Rec~edd~tions and Obser~ations on road work in Sugar Hollow. Letter dated October 16, 1995, from A. G. Tucker, Resident Erfgi~ee~, r~ R0~te 20 at 1--64 Off--Ramp, Signing Review. Copy~bf "Review of Collections of Commonwealth Revenues by t~eD:~r~'~ct0r of F~na~Ce, Sheriff and Commonwealth's Attorney of the County of Albemarr~, V~in%a, for t~e year ~nded June 30, 1995" from the Auditor ~f Public Account~9 on~f%%e~in ~he' Clerk's Office. 5.13. 5.14. Copy of Bond Program Report and Monthly Repor= for Arbor.'C~eg~ A~art~ts (Hydr'auliC Road Apts.) for the month of September, 1995. Letter dated October 19, 1995, from Shirley L. Baldwin, Actin~ DirectOr, JAUNT, addressed to RobertTucker, County Executive, re: Quarterly Repor~f~ period ending September 30, 1995. 5.15. Copy of minutes of the Albemarle County Service Authority for~September 14, 1995. 5.16. Report of September, 1995 Operating results for Acme Design Technology _Co. (on file in the Clerk's Office). 5.17. Copy of minutes of the Planning Commission for October 3 and October 1~, 1995. 5.18. Copy of memorandum from Jo Higgins, Director of Engineering & Public Works, addressed to Kevin Cox, re: Questions re~ated to the new high Sch~01 ~nd SUstain- able design. 5.19. Letter dated October 10, 1995, addressed to Ella W. Carey from Homer G. Smith, Jr., Member of the Virginia Board of Forestry, along with cop~ of~book~n~i~led ~" "Virginia's Forests" which is on file in the Clerk's Office. 5.20. Copy of minutes of the Rivanna Water and Sewer Authority ~or September 18, 1995. 5.21~ September, 1995 Financial Management Repot= for the General and School funds. Da'~d P, Bowerman Charlotte Y. Humphris Formst R. Marshall Jr. COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia '22902-4596 (804~ 296.5843 FAX ~8041 296-5800 MEMORANDUM Walter F. Perkins Sail9 H. Thomas TO: FROM: DATE: SUBJECT: Robert W. Tucker, Jr., County Executive November 6, 1995 .~.~' Board Actions of November 1, 1995 The following is a list of actions taken by the Board of Supervisors at its meeting on November 1, 1995: Agenda Item No. 1. Called to Order at 9:01 a.m. All present, but Mr. Martin who arrived at 10:57 A.M. Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public. Present to speak concerning the sustainability design for the new high school were: John Carter, Kevin Cox, Walt Johnson (asked that Mrs. Thomas bring to the Board his comments of 9-7- 94, and the Planning Commission recomm~dation of two years ago on total quality and effective- ness, preparation for work force entry and advanced studies), Jeff Gleason, John Hermsmeier; and to speak about the Pavilion proposed in Pantops Shopping Center was Fran Lawrence; to speak about the Preddy Creek survey was Elizabeth Petofi. Agenda Item No. 5.1. Preddy Creek Property Survey. Request for funding to survey the County-owned 568-acre Preddy Creek property. APPROVED moving forward with surveying the Preddy Creek property using funds from the Parks and Recreation Department budget, to the extent possible. Agenda Item No. 5.2a. Appropriation Requesm: Volunteer Fire Companies - (Form #95029), $1,099.84. APPROVED. Original form sent to Melvin Breeden. Agenda Item No. 5.2b. Education funding for Eisenhower, DuPont and Family Literacy Grants (Form #95030), $39,224.50. (Mrs. Humphris said that every time the Board has had Printed on recycled paper Robert W, Tucker, Jr. November 6, 1995 (Page 2) requests in the past for grants teaching new math skills, or employing math in everyday life, she has asked if the School Division would bring something to show what the tax dollars are buying, but it has never happened. She will continue to make such requests.) APPROVED funding for the Eisenhower, Dupont and Family Literacy grants as requested by the School Board. Original form sent to Melvin Breeden. Agenda Item No. 5.2c. Murray High School Building Renovation Project, (Form #95031), $59,500. APPROVED 959,500 to cover Iow bid plus contingency. Original form sent to Melvin Breeden. Agenda Item No. 5,2d. Joint Security Complex, funds from Inmate Telephone Account, (Form 95032#), $21,000. APPROVED Joint Security Complex Board's request. Original form sent to Melvin Breeden. Agenda Item No, 5.3. Early Retirement Request. Request Board approval of early retirement benefits for a Police Department employee. APPROVED as recommended by staff. Agenda Item No. 5.4. 1995-96 Secondary Roads Construction Budget. Request approval of the 1995-96 budget. ADOPTED the attached resolution approving the 1995-96 Secondary Roads Construction Budget. Agenda Item No. 5.5. Virginia Juvenile Community Crime Control Act (VJCCCA). Request approval of resolution of certification for use of Virginia Juvenile Community Crime Control funds in the amount of $68,422. ADOPTED the attached resolution as required by the Department o.f Youth and Family Services in order to receive $68,424 in additional funding for pre- and post- dispositional services for Albemarle County youth who have come before the Juvenile and Domestic Relations Court. Agenda Item No, 5.6. Lease/Purchase Agreement, request authorization to enter into a lease/purchase agreement to facilitate the acquisition of various computer-related hardware, software and maintenance services. APPROVED as recommended by staff. Agenda Item No. 5.7. Set public hearing to amend Chapter 12, Motor Vehicles and Traffic, Article I, In General. DELETED FROM THE AGENDA. Agenda Item No. 5.14. Letter dated October 19, 1995, from Shirley L. Baldwin, Acting Director, JAUNT, addressed to Robert Tucker, County Executive, re: Quarterly Report for period ending September 30, 1995. (Mrs, Humphris asked why Albemarle County public service and commuter hours combines are running 22 percent behind projections. Mr. Tucker is to get an answer to this question.) Robert W. Tucker, Jr, November 6, 1995 (Page 3) Agenda Item No. 5.15. Copy of minutes of the Albemarle County Service Authority for September 14, 1995, received for information, Mrs Thomas brought the Board's attention to a request in these minutes for sewer service on Stagecoach Road where a drain field has failed, and there is no other place on the lot for a drain field. She said this helps to explain why the County now requires space for two septic drain fields on a Int. Agenda Item No. 7. Transportation Matters: Route 614, Report on Paving Work After Flood Restoration. Discussion. Public comments taken (statements from Ivy Creek Foundation and Katherine Hobbs for the LOWV). David Hirschman was directed to have a final report to Angela Tucker by November 10. Agenda Item No, 7a. Other Transportation Matters. Mr. George Lade was present to represent the Charlottesville-Albemarle Transportation Coalition. He asked if Secretar~ Martinez has responded to the Board's action of September 6, 1995, asking that the study of interchanges on the western bypass be stopped, He mentioned that it has been said recently that Governor Allen wrote to Secretary Martinez saying he did not want interchanges on the bypass. He asked that the Board request a reply from Secretary Martinez and ask for a copy of the Governor's letter. Agenda Item No. 8. Family Pa~ners Program: Presentation by Kathleen Flanders, Coordinator. Verbal report received. Agenda item No. 9. Appeal, Decision of the Architectural Review Board (ARB) re: Cove Creek Baseball Park Building Permit. OVERRULED the ARB decision This will allow the applicant to use "Virginia White" on the concession stand. Agenda Item No. 10. Airport impact Area Overlay Zoning District- report on request from Pleasant Grove Baptist Church to allow church extension into the AIA, The applicant was not present, therefore this matter was deleted at this time. Agenda Item No. 11. Jefferson Area Board on Aging (JABA), Request to support a petition to the General Assembly for tax exempt status for the proposed Adult Health Care Center. It was suggested that "off-the-record" expenditures, such as tax exempt status granted to certain organizations, be listed in the budget each year so the Board will know the exact reductions which have been granted. Set a public hearing on supporting a petition to the General Assembly for tax exempt status for the proposed Adult Care Center on DECEMBER 6, 1995. Robert W. Tucker, Jr, November 6, 1995 (Page 4) Agenda Item No. 12 1996 Legislative Program, Presentation by Bonnie Fronfelder. Received, and short discussion. No votes were taken on any items, it was mentioned that the yearly meeting with legislators will probably be at the December 6 meeting. Ms, Fronfelder noted that the General Assembly convenes on January 10, so Legislative Services wants request in December. Agenda Item No. 13. Albemarle CounW Service Authority Service Area Boundary Change: Request for sewer to existing structures at 1-64 East rest area; water and sewer to existing structures at 1-64 West rest area; and, sewer service to the Ivy Landfill. SET a public hearing for December 6, 1995, to amend the service area boundaries of the ACSA for sewer to existing structures only at the 1-64 East rest area; for water and sewer to existing structures only at the 1-64 West rest area, and for sewer service to the ivy Landfill as requested by the Rivanna Water & Sewer Authority. Agenda Item No. 14. Appropriation: Sustainable High School Design and Land Acquisition, (Form #95028) $535,000. EXPRESSED SUPPORT for the sustainable design and approvee the attached appropriation for $535,000 as requested. Original of Form #95028 sent to Melvin Breeden. Agenda Item No. 15. Albemarle/Charlottesville Regional Jail Authority Agreement. Request approval of agreement to create a regional jail authority. ADOPTED the attached resolution. Agenda Item No. 16. FY 1996-97 Preliminar,/ Revenue Projections and Budget Guidance - proposed distribution of new revenues to General Government and the School Division. APPROVED the proposed FY 1996-97 revenue allocation (attached to the staff's report) that addresses both the short-term operational needs and the long-term capital requirements of the County. Agenda Item No. 17, Appropriation request: Replacement Van for the Sheriff's Depart- ment. APPROVED the Sheriff's request for an amount up to $20,000, with the actual appropria- tion to be made on November 8, 1995. Agenda Item No. 21. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker said a request was received from the Clarke County Board of Supervisors late last Friday asking that all counties join them in requesting legislation to restore the fair-share state aid for public schools. It was the consensus of the Board members present that the Board's voting delegate at the VACo Annual Meeting support the request. Mrs. Thomas said one of her constituents asked that the Board do something about Work- to-School {I believe this is what she said). Mrs. Thomas said she has net been involved, and believes the School Superintendent would be the one to tell the Board about it, and maybe Robert W. Tucker, Jr. November 6, 1995 (Page 5) Piedmont Community College. She suggested this be placed on an agenda after the budget is completed for discussion. There seemed to be a general consensus to do this. Mrs. Humphris mentioned a report from the architects for the Jail recommending against placing a juvenile detention facilit,/ on the same site. Mrs. Humphris asked if there are any implications by the Kessler Group withdrawing its offer to construct the road across the Hollymead Dam. Mr, Tucker said there could be some implications, but staff feels that even if Kessler gives up that right-of-way and gives up the dam itself to the responsibility of the homeowners, if at some time the County ever wanted to build the road across the dam, more than likely it would be with the suppor~ of the homeowners in the area. Mrs. Humphris said she was handed a list from the Chairman of the Board of Directors at Tandem School, about their areas of concern related to the new high school. Mr. Tucker said Jo Higgins is aware of their concerns, but he does not know if she has seen the letter. He will be sure that somebody responds to their concerns. Mrs. Humphris said in the RWSA report on the Sugar Hollow bathymetric analysis, even with that horrible storm in June on a 50 year old water supply reservoir, only 15 percent of capacity was lost, whereas the North Fork Rivanna reservoir in 25 years has lost 22 percent of its capacity. It is interesting to note what development can do a water supply. Mr. Bowerman asked that Mr. Tucker thank Mr. Pat Mullaney for taking care of the Branchlands detention basin. It is obvious that attention is being paid to it. Agenda Item No. 22. Adjourn. Board, the meeting was adjourned. LEN/ Attachments (8) cc: Richard E. Huff Roxanne White Wayne Cilimberg Amelia McCulley Jan Sprinkle Jo Higgins Bruce Woodzell Richard Wood Larry Davis File At 4:02 p,m., with no further business to come before the FISCAL YEAR 95/96 TYPE OF APPROPRIATION APPROPRIATION REQUEST NUMBER ADDITIONAL TRkNSFER NEW X 95029 ADVERTISEMENT REQUIRED ? YES NO X FUND GENERAL PURPOSE OF APPROPRIATION: APPROPRIATION OF FIRE SERVICE PROGP~AM RECEIVED IN EXCESS OF BUDGET. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100032020560702 1100032020560802 1100032020560902 1100032020561002 1100032020561102 1100032020561202 1100032020561302 N G~RDEN VFD FSP SCOTTSVILLE VFD FSP CROZET VFD FSP EARLYSVILLE VFD FSP E RIVAIqNA VFD FSP STONY POINT VFD FSP SEMINOLE TRAIL VFD FSP $157.12 157.12 157.12 157.12 157.12 157.12 157.12 TOTAL $1,099.84 REVENUE DESCRIPTION AMOUNT ************************************************************************ 2100024000240417 FIRE SERVICE PROGPA%M $1,099.84 TOTAL S1,099.84 REQUESTING COST CENTER: FINkNCE APPROVALS: DIRECTOR OF FIN~NCE BOARD OF SUPERVISORS S I GI~ATURE DATE APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95030 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GRANTS PURPOSE OF APPROPRIATION: FI/NDING FOR EISENFiWER, DUPONT, AND FAMILY LITERACY GRANTS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1320361116160300 STIPEND $2,500.00 1320361116210000 FICA 191.25 1320361116312500 PROF. SERC. INSTRUCTIONAL 750.00 1320361116580500 STAFF DEVELOPMENT 1,558.75 1310460252312500 PROF. SERC. INSTRUCTIONAL 3,000.00 1311763325112100 1311763325132100 1311763325210000 1311763325550100 1311763325550400 1311763325580000 1311763325601300 SALARIES-TEAChER SALARIES-P/T TEACHER FICA MILEAGE TRAVEL-EDUCATION MISCELLANEOUS EXP INSTRUCTIONAL/REC. SUPPLIES 3,575.00 17,028.50 1,800.00 1,091.00 500.00 1,610.00 5~620.00 TOTAL $39,224.50 REVENUE DESCRIPTION AMOUNT 2320324000240503 EISENHOWER GRANT $5,000.00 2310418120181220 DUPONT FINE ARTS GRANT 3,000.00 2311724000240500 FAMILY LITERACY GRANT 31,224.50 TOTAL $39,224.50 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE FISCAL YEAR APPROPRIATION REQUEST 95/96 NUMBER 95031 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO X FUND CIP-SCHOOL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FOR RENOVATIONS AT MURRAY HIGH SCHOOL. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900060303800605 MURRAY HIGH SCH. RENOVATIONS $59,500.00 1900060251800902 BURLEY MIDDLE SCHOOL ROOF (45,500o00) 1900060255800605 SUTHERLAND CONSTRUCTION (14,000.00) TOTAL $0.00 REVENUE DESCRIPTION AMOUNT $o.oo TOTAL 20.00 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS I GNATI/RE DATE FISCAL YEAR APPROPRIATION REQUEST 95/96 NUMBER 95032 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO X X FI/ND JOINT SECURITY PURPOSE OF APPROPRIATION: USE OF IIg~4ATE TELEPHONE ACCOUNT FUNDS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1400133021312300 ARCHITECTURAL SERVICES $6,000.00 1400033020110000 ADMINISTRATIVE SALARIES 15,000.00 TOTAL $21,000.00 REVENUE DESCRIPTION AMOUNT 2400016000160527 INMATE TELEPHONE ACCOUNT $15,000.00 2400116000160527 INMATE TELEPHONE ACCOUNT 6,000.00 TOTAL $21,000.00 REQUESTING COST CENTER: JOINT SECURITY APPROVALS: DIRECTOR OF FINAi~CE BOARD OF SUPERVISORS S I GNATURE DATE EXTRACT FROM MINUTES Motion was offered by Mrs. Humphris, seconded by Mr. Bower- man, to approve the FY 1995-96 Secondary Roads Construction Budget as per the attached sheets. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Mr. Marshall. NAYS: None° ABSENT: Mr. Martin. Thomas, Mr. Bowerman, Mrs. Humphris and I, Ella W. Carey, do hereby certify that the foregoing writing 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 November 1, 1995. Clerk, Board of County ~rvisors SR-2 ALBEMARLE CHARLOTTESVILLE CULPEPER COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM JULY 1. 1995 - JUNE 30, 1996 (002) COUNTY (43) RESIDENCY (7) DISTRICT DETAILS OF CONSTRUCTION BUDGET REGULAR CONSTRUCTIONALLOCATION (33.1-23.4C) UNPAVED ROAD ALLOCATION NET PUNDS FOR DISTRIBUTION DISTRIBUTION (33.1-23.1:1) INCIDENTAL IMPROVEMENTS NUMBERED PROJEGTS: REGULAR IMPROVEMENTS UNPAVED ROAD IMPROVEMENTS TOTAL ALLOCATION DAT :08/16/ $ 3,575,013 853,790 4,428,803 410,000 2,549~480 1,469,323 4,428,803 Date of Board of Supervieors Approval of Annual Priority Program ROOTE I DESCRIPTION ~ ESTINATED I PREVIOUSLY I SUDCET ~ ~ LENGTH I COST ~ FUNDSD ~ SMOUNTS ~ C0~ENTS ~EDOS-5603 ~R/W D ~ O | O ~TRAPPXC SERVICES,etc~CON 80,000 ~ 0 ~ 80,000 ~ ~TOT D0,000 ~ 0 ~ 80.000 ROUTE 8005 ~ ~P.E. ~ o I O |STATE ~ORCES :8005-560~ |R/W ~ o | o | ~FXFE INSTALLATION iCON 3S,000 ~ 0 ~ 35,000 ~ ~ ~TOT 35,000 ~ O J 35,000 J . ROUTE 8012 J ~P.E. 0 J 0 J 0 ]STATE FORCES ~S0~-5605 |R/W 0 ~ O ' 0 f JPRELI~NAR¥ ~C0N 30,000 J 0 [ 30,000 ~ [ENCINEERISO ~TOT s0,0o0 ~ o ~ 30,00o ; ROUTE SOl~ | ~P.E. 0 [8014-560& |R/W 0 |FERTILIZER ~co~ 1o,0oo J& SEEDING ~TOT I0,O00 0 ~STATE FORCES O 10,O00 10,000 ROWE 8015 [ ~P.E. 0 ~ 0 I O |STATE FORCES ~SUSDXVI$XON PLAN ~CON 40,000 J 0 J 40,000 1 {REVIEW ~TOT 40,000 ~ O [ 40,000 ~ ROUTE $0I~ i iF.E, o i o i o ~8otD-sso8 |R/W o [ o ~ o ~PAYE~EITr STRIPINO ~CON 5,O00 ~ 0 ~ 5.000 ~ ~TOT 5,000 3 0 f 5,000 (I) | i I. ROV, A"E 0S25 | TO: 67 [0625-002-5300 XD: [OPERATE HATTON STATE FORCE [P.E. 0 | 0 [ 0 ICO~RACT [R/W O t 0 g 0 ~ |COS I0,000 | 0 J tO,000 g gTOT /0,D00 | · f I0,000 [ ~_ STATE ~ ~ |~ { ~ (2) { | | i ~ CO~HO~EALTH OP VIRCINIA COUNTY (002) ALBEMARLE 0RPARTHRNT OF TRANSPORTATION ROUTE ~ DESCRIPTION : ESTIMATED PREVIOUSLY ~ RUDORT : ~ LENOTR ~ COST FUNDED : AMOUNTS ~ COPRIENTS ROUTE 0664' :NEW P~ANT ~XX ~P.E. TC: 1032 ~0664-002-$30! ~R/W ID: ~FRt RTE. 776 ~COH CONTRACT ~T0: RTE. 665 ~TOT STATE :L£NOTN: 2.53 ~ 82,000 82,000 0 : 0 :CONTRACT o; o: 0 ~ 62,000 ~ 0 ~ 82,000 ~ ROUTE 0665 ~NEW PLANT MIX ~P.E, 0 TC: 1176 :0665-002-5303 ID: ~FR: RTE. 609 iCON 16,000 CONTRACT ~TO: Route 601-R :TOT 16,000 STATE ~LENOTR:O.3$ (3) ~ 0 [ 0 ~CONTRACT o3 ol o ~ I6,oo0 : 0 ~ 16,000 ~ ROUTE 0715 :NEW PLANT MIX JP,E. 0 TC: I203 10715-002-5304 :R/W O (3) ~ ~ 0 ~ CONTRACT o; 90,000 ~ 90.000 ~ ROUTE 1446 IHZ~ PLANT ~IX :P.E. 0 TO: 2020 11464-002-5305 ~R/~ 0 :P.~. :CON :TOT icon o ~ CONTRACT oi 12,000 | t2,000 | TOTAL INCIOENTAL I~PNOYEMENT$[ 610,000 [ 0 [ 410,000 [ CON~0NWEALTH OF VIRGINIA COUNT~A' (002) ALBEMARLE DEPARTNERT OF TRANSFORTATZON DATE: 08/16/95 LENGTH ~ COST I FUNDED I A~OUNTS ~ COF~PIEITrS ROUTE 0631 I~EADOWCRSEK PARKWAY ]P.E. ¢00,000 : 400,000 * 0 ~FUND RIOI~F OF WAY ROUTE 063J JSEADOWCREEK PAR~AY IP.E. 200,000 J 200,o00 I 0 FU~'D PARTIAL TC: 0 10631-00E-I28,B612 ~R/W 0 ~ 0 ~ 0 ~ CONSTRUCTION ZD~2530 ~BRXOGE OVER iCON 2,916,050 ~ X68,786 J 549,480 ~ CONTRACT ~READO¥CREEK ITOT 3.116.050 ~ 368.786 ~ 549,~80 1 (~) I ~ I ~ ROUTE 743 ~HYDRAULIC ROAD ~P,E. E50.000 | 250,O00 ~ 0 I FUND PARTIAL TC: 22997 I07~3-002-153,C502 JR/~ 785oE06 ~ 78§.20~ ~ 0 J CONSTRUCTION XD~88X! IER~ RO~E 657 ICON 1,455,510 ~ 543,828 ~ 200,000 1 CONTRACT JT0~ ROUTE 631 ITOT 2,490,716 I 1,579,034 J ~00,000 ~ STATE ILENf~TH: 0.61 8X~ I ~ ~ ~ (8) ~ I I ~ ' ITOT I | |P.E. I I ~TOT | I i I I t |P.E. | | | |R/N I I I ICUN | | | , icon I I TOTAL REC~LAR ~J~IBERED PROSE~t*S] CO~O~RALTN O~ VIRCINIA COUNTY (802) ALBEMARLE DEPARTMENT OF TRANSPORTATION DATE: 08/16/95 ROUTE 682 | ~PE 440,675 | 448,6?5 TC; 3~? ~068E-OO2-P33,CSO! ~R/W 441.648 ~ 44J,648 ID: 8810 |PR: ROUTE 250 ICON 2.076,750 ~ 897,086 CO]T~RACT 1T0:1.7 RX.S. RTE.787~TOT 2 967,0?8 ~ 1,787,409 ROUT8 0610 | IPoR. 25,000 TC: 268 |0610-002-P48,N501 IR/W 30,000 ID: 8808 IFR:ROUTE 20 ICON 885,000 (~0) ~ I 25°000 30,000 119,918 176,918 0 IFUND PARTIAL 0 ICONSTRUCTXON 350,000 I 350,000 I ROUTE 712 ~ IP*E. 15,000 TC~ 188 10712-O02-PO2,NS01 |R/M 18,O00 JP.E. ICON O 15,000 IFU~D POE., R/W AND 0 18,000 ~PARTIAL CONSTRUCT[ON 0 287,982 I 0 270,982 ~ I ~P.E. ~cos ~TOT ~/~ Jco~ ~/~ |CON f~OT ~,962,$27 COI~ON~ALTH OF VIRCINZA COUNTY (002) ALBENARLE DEPARTMENT O~ TRANSPORTATION DATEs 08/16/9§ RESOLUTION WHEREAS, the Department of Youth and Family Services has approved funding through the Virginia Juvenile Community Crime Control Act in the amount of $68,424, and WHEREAS, Albemarle County has submitted a plan to the Department to use these Virginia Juvenile Community Crime Control Act funds to provide services to youth who come before the Juvenile and Domestic Relations Court, and WREREAS, Albemarle County's fuming plan is approved by the Department of Youth and Family Services for FY 1996; NOW, TWEREFORE, BE IT RESOLVED TItAT Albemarle County certifies that it: Will not contribute less funding for the implementation of this local plan than as expended for block grant funded programs or services either operated or utilized in FY 1995 in compliance with §16.1-309.6 of the Code of Virginia; W'fll not utilize funds provided by this Act to supplant funds established as the state pool.of, funds under §2.1-757 in compliance with § 16.1-309.3 C of the Code of Virginia; Will comply with all provisions of § 16.1-309.9 of the Code of Virginia which gives the Board of Youth and Family Services the authority to establish and enforce standards and to review the expenditures and services established by the local plan; Consulted with the judge(s) of the Juvenile and Domestic Relations District Court and the Director(s) of Court Services of the participating jurisdiction(s); Will submit routine reports and any other information to the Dkector of the Department of Youth and Family Services for each program or service funded by tbe Act in compliance with §16.1-309.3 E and § 16.1-309.10 of the Code of Virgirfia and all applicable Departmental procedures. 1, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the B~ard.,of County Supervisors of Albemarle County, Virginia, at a meeting held on .,~,~/~4/~ ~r //~ Clerk, Board of County APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER 95028 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND CIP - SCHOOLS PURPOSE OF APPROPRIATION: ADDITIONAL FUNDING FOR THE NEW HIGH SCHOOL. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900060304312350 ENGINEERING/PLANNING $135,000.00 1900060304800750 PURCPLASE OF LAND 400,000.00 1100093010930004 TRANSFER-SCHOOL CIP 535,000.00 TOTAL $1,070,000.00 REVENUE DESCRIPTION AMOUNT 2900051000512004 TRANSFER FROM GENERAL FUND $535,000.00 2100051000510100 APPROPRIATION FROM FUND BALANCE 535,000.00 TOTAL $1,070,000.00 REQUESTING COST CENTER: COUNTY EXECUTIVE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE RESOLUTION Whereas, the County of Albemarle and City of Charlottesville are currently operating, thrOugh a Regional Jail Board, the Albemarle-Charlottesville Joint Security ComPlex which serves as the jail for both jurisdictions; and Whereas, Chapter 3, Article 3.1 of Title 53.1 of the Code of Virginia, authorizes the creation of a regional jail authority to replace the existing Regional Jail Board and to assume the powers and responsibilities for the operation of the jail; and Whereas, the County has determined that the creation of the jail authority will facilitate and improve the operation, financing, and maintenance of the jail and thereby enhance the public safety and welfare within the region. Now, Therefore, Be It Resolved that the Board of County Supervisors of Albemarle County, Virginia, hereby authorizes and directs the County Executive to execute the Albemarle-Charlottesville Regional Jail Authority Agreement to create a regional jail authority in cooperation with the City of Charlottesville. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ..~ t°~ on November 1, 1995. ]AILAUTH.RES In the interests of -~onservation of a ~hba'velous natural resource owned by the taxpayers of Atbenaarle County ~51anning ~ the pl6asure of its use Proposed by: 978-1368- / / 0 MEMO TO: FROM: D~: SUBJECT: Melvin A. Breeden, Director of Finance Ella W. Carey, Clerk, CMC November 6, 1995 Appropriations Approved on November 1, 1995 At the Board's meeting on November 1, 1995, the following appropriations were approved: Appropriation Form ~95028 for additional funding for the new high school in the amount of $535,000. Appropriation Form ~95029 for appropriation of fire service program funds received in excess of budget in the amount of $1,099.84. Appropriation Form ~95030 for funding of the Eisenhower, Dupon= and Family Literacy grants in the amoun= of $39,224.50. Appropriation Form ~95031 for transfer of funds for renovations a= Murray High School in the amount of $59,500. Appropriation Form #95032 for use of Inmate Telephone Account funds in the amount of $21,000. LEN/mms Attachment (5) cc: Kevin Castner A1 Reaser Jo Higgins A1 Tumminia Carl Pumphrey COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Priddy Creek Property Survey SUBJ~CT/PROPOSAIJREOUEST: Request for funding to survey the County owned 568 acre Priddy Creek property STAFF CONTACT(S): Messrs. Tucker, Ituff, and Mullaney AGENDA DATE: November 1, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACH34ENTS: REVIEWED BY: INFORMATION: Distri~t~t~d t~ ~r~rd: ~ INFORMATION: BACKGRO~: The PAddy Creek property is a 568 acre tract of County owned land located on the Albemarle/Orange County line. Approximately 478 acres are located in Albemarle County with the remalnlngg0 acres localed in Orange County. Tbe property was purchnsed in 1969 as a'poranfial site for a wab~r supply impoundment. The 1977 Camp, Dresser, McKee Report on Alternative Water Supply Sources recommended that, with a yield of only 3 million gallons per day, a Priddy Creek impoundment would be too small to be considered as a new water source. On June 7, 1995, an adjoining Orange County property owner approached the Board requesting assistance as a result of a personal access d/spute. Stafffeetsthat theprcrpeny owner's vemedyis ~o establish alegal fight of access in court, rather than seeking perrmssion to access fi.om the County. lu making this request, the adjoining property owner expressed several concerns and suggestions regarding the County's management of the Priddy Creek property. Up until now the ~t of the properff has been limited to an annual posting for "IqO Hunting" along Rt. 641 and the gating of 3 access madsontothepropartyfromRt. 641. Allasfionstodat~havebeenattherequestofneighboringpropertyowners. Countystaffhasbeonaware that neighboringpropeny owners make use of the property as part of a network of horseback riding trails involving many adjoining properties. In i,etura, those neighbors have assisted with the posting of the property and have kept the County advised of any illegal aativity or concerns. DISCUSSION: County Parks and Recreation staff have reviewed the expressed concerns and suggestions with the County Attorney's office and have made sevcral visits to the properS. It appears that the property is being regularly used for a v0riety of activities. In addition to the horseback riding, the property is being used for ATV riding Staffbel/eves that the prope~y north of Priddy Creek, which would include the entire Orange County portion,is beinghunted regularly. Staff did discover one large bridge and several smaller bridges ahat have been:constructed over Priddy Creek and various lributaries. Surprisingly, there has not bean any reports of conflicts between these seemingly incompatible uses of the property. The property has not been harmed by these uses. The trails on the property are itt better :ondition than mosl public park trails. Due to the amount and type of use ~ property is receiving, staff feels it is necessary to make more formal e~brts to manage the property. The first step in these efforts would be to identify the bounda~ of the property through a survey. It is recommended that tlfis survey include the entire boundary of the property as well as the location of the Orange/Albemarle County line. This survey would give the County the necessary information to properly post the houndary if so desirer[ A title search ordered by the County Attoraey's Office has revealed the existence of an access to the propeaay fi:om the Orange County side. This survey would reveal the location of that access, which would further aid the County's management of the pmpony. If the County were todecide to sell off the Orange Counly section of the property in the future, the survey willlxovide the nacessaEf infomaatiento properly market the property. The County has received proposals to survey the property with the low one being $I 1,050 RECOM1VIENDATION: Staff recommends that the Board approve moving forward with surveying the Priddy Creek property w/th funds to be absorbed by the Parks and Recreation Department budget to the extent possible. 95.175 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Volunteer Fire Appropriation SUBJECT/PROPOSALfREQUEST: Request approval of Appropriation #95029 in the amount of $1,099.84 to the Volunteer Fire Department. STAFF CONTACT(S): Tucker, Breeden, White AGENDA DATE: November 1, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: State funds from the Fire Service Program are received by the County on an annual basis to assist with fire protection. R has been thc policy of the County to distribute these funds to the volunteer fire companies on an equal basis. DISCUSSION: Tho FY 1995/1996 budget projected $70,500 to be distributed to the volunteer fire companies, Actual receipts from the State of $71,099.84 exceed the appropriation by $1,099.84, Distributing funds equally to the volunteer fire companies would provide additional funds of $157.12 to each company. RECOMMENDATION: Staff recommends approval of Appropriation #95029 in the amount of $1,099.84. 95.177 FISCAL YEAR APPROPRIATION REQUEST 95/96 NUMBER 95029 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ~ YES NO X FUND GENERAL PURPOSE OF APPROPRIATION: APPROPRIATION OF FIRE SERVICE PROGRAM RECEIVED IN EXCESS OF BUDGET. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1100032020560702 1100032020560802 110~032020560902 1100032020561002 1100032020561102 1100032020561202 1100032020561302 N GARDEN VFD FSP SCOTTSVILLE VFD FSP CROZET VFD FSP EARLYSVILLE VFD FSP E RIVANNA VFD FSP STONY POINT VFD FSP SEMINOLE TRAIL VFD FSP S157.12 157.12 157.12 157.12 157.12 157.12 157.12 TOTAL $1,099.84 REVENUE DESCRIPTION AMOUNT 2100024000240417 FIRE SERVICE PROGRAM $1,099.84 TOTAL $1,099.84 REQUESTING COST CENTER: FINANCE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY Appropr/at/on- ]~ktucatinn Grants SI?R Ill. CT/PR Request approval of the appropriation for three Education Ca-ants recently approved by the Sohool l~oard, AC~ENFD~ DANTE: November 1, 1995 AC_T~OIq: X R ACK(~ROIINI~ At its meeting on October 9, 1995, the Sebeol Board approved the following appropriation requests. DI,%CIIgg[O]~: Approprhtion Of the .Eiseahowec Staff Developmem Grant in the amouat of $5,000. AlbemarleCotmty Public Schools has bean au,arded a Title HEisenhower Staff Devel~ Grant for suppelt of a collaborative staff development project with Charlottesville City and Orange County School ~ystems. Albemarle County will receive $$,000 for their share of expenses. Each collaborating system w/Il provide ten teachers to part/cipsto in a series of Saturday workshops. The workshops will provide training in the best practices for mathematics teaching to improve quality of instruction in elementary and middle sohoels and how these should be incorporated into eurdonlum as the revised Standards of Learning are implemented. Approprhtica of the duPont Fine Aris Grant in the amount of $3,000 for J. T, Henley Middle School. Tho funds will be used to expand the fine arts expe~ence of the mkldle school students through guest speakers and the artist in residency progxam. Don Vale, Principal at .l.T. Henley Midge School, will ~ministor t~ grant. ApprepriafienoftbeAlbemarleFamily Literaey Program Grant in theamount of $31,224.50. Albemarle Connty P~blic Schools applied and received filnding onder a demonstration grant of the Office of Adult Education. These grants are designed to allow localities to try new end innovative methods to meet the literacy needs in their communities. The goal of the Albemarle Family Lheraoy Program is to establish a sustainab/e soecessfifl volunteer family/iteracy program to be centinued and expanded through existing volunteer agencies in the area. It is designed to address the basic literacy and English as a Second longuage needs of fanfli~ w~yrsmg children who have just started or will soon start school. Migrant, Chapter I, Head Start, English as a Second I~nguage, zed homele~ f~mil;es will be targeted. The project wi~ also serve as a replicable model for successful vohmtear family literacy program. The gra~ will provide the developraental start up costs. Staff recomme*aads approval of the appropriations as detailed on Appropriation ,f95030. 95030.WPD 95.180 FISCAL YEAR 95/96 TYPE OF APPROPRIATION APPROPRIATION REQUEST NUI~tR ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO X X 95030 PURPOSE OF APPROPRIATION: FUNDING FOR EISENHWER, DUPONT, AND FAMIL~ LITERACY GRANTS. EXPENDITURE I COST CENTER/CATEGORY DESCRIPTION AMOUNT 1320361116160300 STIPEND $2,500.00 1320361116210000 FICA 191.25 1320361116312500 PROF. SERC. INSTRUCTIONAL 750.00 1320361116580500 STAFF DEVELOPMENT 1,558.75 1310460252312500 PROF. SERCo INSTRUCTIONAL 3~000.00 1311763325112100 1311763325132100 1311763325210000 1311763325550100 1311763325550400 1311763325580000 1311763325601300 SALARIES-TEACHER SALARIES-P/T TEACHER FICA MILEAGE TRAVEL-EDUCATION MISCELLANEOUS EXP INSTRUCTIONAL/REC. SUPPLIES 3,575.00 17,028.50 1,800.00 1,091.00 500.00 1,610.00 5,620.00 TOTAL $39,224.50 REVENUE DESCRIPTION AMOUNT 2320324000240503 EISENHOWER GRANT $5,000.00 2310418120181220 DUPONT FINE ARTS GRANT 3,000.00 2311724000240500 FAMILY LITERACY GRANT 31,224o50 TOTAL $39,224.50 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE ALBEMARLE CO~ PUBLIC SCHOOLS Memorandum DATE: TO: FROM: .RE: October il, 1995 Robert W. Tu~, Jr., County Executmve Kevin Castn~ivision Superintendent Request for ~ppropriation At its meetmng on 0c~ober 9, 1995 the School Board approved the following appropriation requests: ~ppropriatioh of the Eisenhower Staf~ Developmen~ Grant in the amount of $5,000. Albemarle County Public Schools ham been awarded a Title II Eisenhower Staff Development Grant for support of a collaborative staff development project with Charlottesville City and Orange County School Systems. Albemarle County will receive $5,000 for their share of expenses. Each collaborating system will p~ovide ~en teachers 5o participase in a series of Saturday workshops. The workshops will provide training mn the best practices for mathematics teaching to improve quality of instruction in elementary and middle schools and how these should be incorporated into curriculum as the revised Standards of Learning are implemented. Appropriation of the duPont Fine Arts Grant in the amount of $3,000 for J.T. Henley Middle School The funds will be used 5o expand the fine arts experience of the middle school students through guess speakers and the artist in residency pro,ram. Don Vale, Principal at J.T. Henley Middle School, will adminisner the grans. o Appropriation of the Albemarle Family Literacy Program Grant in the amount of S31,224.90. Albemarle County Public Schools applied and received fundin9 u~der a demonstration grant of the Office of Adult Education. These grants are designed ~o allow localities to cry new and innovative methods ~o meet the literacy needs in their communities. The goal of the Albemarle Family Literacy Program is 5o establish a sustainable successful volunteer family literacy pro,ram to be continued and expanded through existing volunseer agencies in the area. It is desi~Fned to address the basic literacy and English as a Second language needs of families with young children who have 3us5 scarsed or will soon start school Migrant, Chap5er I, Head Start, English as a Second Language, and homeless families will be 5argeted. The projecu will also serve as ~ replicable model for successful volunceer family literacy program. The gran5 will provide the developmental ssar5 up costs. It is requested that the Board of Supervisors amend the appropriation ordinance 5o receive and disburse these funds as displayed on the a55achmen~. xc: ~elvin Breeden Ed Koonce Ella Carey ALBEMARLE COUNTY PUBLIC SCHOOLS Appropriation Request EISENHOWER STAFF DEVELOPMENT GRANT REVENUE 2-3203-24000-240503 EXPENDITURES 1-3203-61116-160300 1-3203-61116-210000 1-3203-611t6-312500 1-3203-61116-580500 Eisenhower Grant Stipend FICA Prof. Ser. Instructional Staff Development $5,000 . 00 $2,500.00 S19t.25 $750.00 $1,558.75 $5, 000. O0 REVENUE 2-3t04-18120-181220 EXPENDITURE 1-3t04-60252-312500 DUPONT FINE ARTS GRANT duPont Fine Arts Grant Prof. Set. Instructional $3,000.00 $3,000-.00 ALBEMARLE FAMILY LITERACY GRANT REVENUE 2-3117-24000-240500 EXPENDITURES Albemarle Grant Family Literacy 1-3117-63325-112100 1-3117-63325-132100 1-3117-63325-210000 1-3117-63325-55~100 1-3117-63325-550400 1-3117-63325-580000 1-3117-63325-601300 Salaries-Teacher Salaries-Part-time Teacher FICA Mileage Travel-Education Miscellaneous Expenses Instructional/Rec. Supplies $31,224.50 $3,575.}0 $17,028.50 $1,800.00 $1,091.X S500.O0 $1,610.00 $5,620.00 $31,224.50 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY BOARD OF SUPERVISORS AGENDA TITLE: Murray High School/Appropriation Request SUBJECT~PROPOSAL/REOUEST: Murray High School Building R~novation/ Approprlation Request STAFF CONTACT(S): Mr. Tucker, Ms. Higgins AGENDA DATE: November t, 1995 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: X REVIEWED BY: ITEM NUMBER: DISCUSSION: Bi& were received ca 12 Septmber 1995 for the Murray High Sehaol Renovation project which is des'~0xed to convert existiag kitehea space into a seieaee lab, mmic, dar3r room and storage spacas. The low bad was g 129,000. Due to the difficulty in est/mating cost of reaovations at current eont~actor costs, the budget of $85,000 was not adequate. Discussions were held with the low bidder to determine where project eo~ could be reduced to me~t tho budget. Thc aretdte~t cud bidder were unable to ideafify any items which could be changed or modified to · ~Enitleautly reduce/he bid amount without n~gatively impacting the educational program. This is to request xfimds to supplement the existing budget and allow a contract to be awarded to the low bidder. We have identified funds remalnln~ in two other cap/iai education projects that are complete where farads eau be tranden~ and appropriated for this project ia order to move forward. RECOMMENDATION: This is to recommend approval of Appropriation #95031 for $ 59,500 to cover the low bid plus project contingency due to higher ~h~. expected bids o~ this projec~ 95.186 FISCAL YEAR APPROPRIATION REQUEST 95/96 ~ER 95031 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FLIND CIP-SCHOOL PURPOSE OF APPROPRIATION: TRANSFER OF FUNDS FOR RENOVATIONS AT MURRAY HIGH SCHOOL. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1900060303800605 MURRAY HIGH SCH. RENOVATIONS S59,500.00 1900060251800902 1900060255800605 BURLEY MIDDLE SCHOOL ROOF SUTHERLAND CONSTRUCTION (45,500.00) (14,000.00) TOTAL $ 0.00 REVENUE DESCRIPTION AMOUNT $o.oo TOTAL $0.00 REQUESTING COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE AGENDA TITLE: Appropriation - Jail Telephone Funds COUNTY OF ALBEMARL -- EXECUTIVE SUMMARY 2 . ~nvIsoRs AGENDA DATE: - ITE November 1, 1995 SUBJECT/PROPOSAL/REQUEST: Request to.approve Appropriation #95032 the amount of $21,000 for Funds from Inmate Telephone Account STAFF CONTACT(S): Messrs: Tucker, Breeden, Tumminia ACTION: CONSENT AGENDA: ACTION: X INFORMATION: ~O~TION: ATTACHMENTS: REVIEWED BY: ¥¢s BACKGROUND: A request has been received from the Jo'mt Security Complex Board to appropriate funds from the Inmate Telephone Account. DISCUSSION: This request is for the following purposes: l) $ 6,000 to be used for the amended architectural design 2) $15,000 to be used to supplement Administrative salaries per a reclassification approved by the Jail Board. RECOMMENDATION: Staffrecommends approval of Appropriation #95032 as attached based on the Joint Security Complex Board's request. 95.184 APPROPRIATION REQUEST FISCAL YEAR 95/96 NUMBER TYPE OF APPROPRIATION ADDITIONAL TP~ANSPER NEW ADVERTISEMENT REQUIRED YES NO X FUND JOINT SECURITY PURPOSE OF APPROPRIATION: USE OF INMATE TELEPHONE ACCOUNT FUNDS. 95032 X EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1400133021312300 ARCHITECTURAL SERVICES $6,000.00 1400033020110000 ADMINISTRATIVE SALARIES 15,000.00 TOTAL $21,000.00 REVENUE DESCRIPTION AMOUNT 2~00016000160527 INMATE TELEPHONE ACCOUNT $15,000.00 2400116000160527 INMATE TELEPHONE ACCOUNT 6,000.00 TOTAL $21,000.00 REQUESTING COST CENTER: APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS JOINT SECURITY S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUM~Y OARD OF SUPS, qSORS AGENDA TITLE: Early Re~'ement Request SUBJECT/PROPOSAL/REQUEST: Request Board approval of early retirement benefits for Police Deparaucnt eraployee STA~ CONTACT(S): Tucker, Huff & Miller AGENDA DATE: November 1, 1995 £1'EM NUMBER: ACTION: INFORMATION: CONSF, NT AGENDA: ~ ~m ~, ~ A~ON: X ~O~ON: A~AC~S: ~~ , ~D BY: t BACKGROUND: Albemarle P. xma~ Personnel Policy P-63 provides for vohmtary early retiremeat for emmty employees who have been employed by the county for text of the last thir te~r[ yearn and who are at least 55 ye, ars of age and curreatty eaxtployed. Staff has reedved a request frown an ea~ployee who has beea~ employed with the county for 15 years. The employee has requested that ho ho allowed to take early retirement relroaefiv¢ to October 1, 1995 with the Police Deparm~mt handting the a~meiatext budget implieation~ RECOMMENDATION: County potioJ requires Board of ~ approval of all early retirement applications upon r~amanemlation of the County Executive. Staff re~ommeedz that Oais request ho so approved with the budgetary implications being absorbed within tho Police Department budget, 95.172 COUNTY OF ALBEMARLE Human Resources Depar[ment Albemarle County Office Building 401 Mclnt[re Road Charlottesville. Virginia 22902-4596 MEMORANDUM From RE: Richard E. Huff II, Deputy County Executive Bob Brandenburger, Deputy Director of Human Resour Early Retirement Request From Charles L. Jones Date: September 29, 1995 I received today from Mr. Charles L. Jones a request for participauion in the County's Voluntary Early Retirement Incentive Program effective October 1, 1995. He also sufomitted an application for retirement under the Virginia Retirement System effective October 1, 1995. I've included a copy of his VERIP application and the VERID budget worksheet. I'm aware of other personnel actions being considered regarding Ye. Jones and have advised him that his VERIP request requires County Executive and Board approval. Please let me know if you need any additional information. CC: J. Miller (w/ attaehmenus J. Jennings (w/o attachments) COUNTY' OF ALBEMARLE EP gO 1995 ~i!!-I EXECUTIVE .OFFI~CE ~LBEMARLE COUNTY VOLUNTARY EARLY RETIREMENT PLAN APPLICATION NAME OF APPLICANT: POSITION: DATE OF HIRE IN ALBEMARLE COUNTY:~7/~//~ APPLICATION IS FOR EARLY RETIREMENT TO BEGIN: STATE BRIEF REASON FOR EARLY 2ETIREMENT REQUEST: I understand that the Albemarle County Voluntary Early Retirement Plan is voluntary and that t am pursuing this request on my own initiative. The Plan will be administered in accordance with the Voluntary Early Retirement Policy of the Board of Supervisors/School 6oard. · ~SIGNATURE OF EIv~{O~YEE DATE SIGNED* *NOTE: Application must be received by the Director of Personnel by December i in order to be considered for next fiscal year. APPROVED FOR RECOMMENDATION TO BOARD NOT APPROVED FOR RECOMMENDATION TO BOARD SIGNATURE OF COUNTY EXECUTIVE/SUPERINTENDENT DATE ACTED UPON BY BOARD WHITE - PERSONNEL~ YELLOW - SUPTo/COUNTY EXEC.; PINK - EMPLOYEE E COUNTY OF ALi EXECUTIVE SUMMARY AGENDA T/TLE: 1995-96 Secondary Construction Budget SUBJECT/PROPOSAIdRE QUEST: Approval for& 1995~96 Budget STAFF CONTACT(S): . Messrs. Tucker, Cilimberg,Benish,Wade AGENDA DATE: November I, 1995 ACTION: CONSENT AGENDA.: ACTION: X ATTACHMENTS: REVIEWED BY: ItI'I~M NUMBER: INFORMATION: INFORMATION: BACKGROUND: Tae Board of Stoper~sors ammally approves the Secondary Construction budget for that fiscal year(Attachment A). This budget includes those projects that are to be funded that particular year. it will not include all the projects in the Albemarle County Priority for Secondary. Road Improvements (Attachment B). DISCUSSION: The ontycbangein this fiscal year budget is for l%ute 682 - priority #19. The funding for t/tis project was arighaaffy scheduled to be completed in the 1994-95 fiscal, but $848,34 l in additiuna/cost extended the funding into fiscal year 1995-96. The remaining projects are unchango:l from the approved (May 11, 1994) County's Pr/ority for Secondary Road Improvement. RECOMMENDATIONS: Staff'recomds that the Board adopt a resolution approving the attached 1995-96 Secondary Conslruction Plan. 9596scb:wp 95.173 r ALBEMARLE COUNTY PRIORITY FOR SECONDARY ROAD IMPROVEMENT 1994-95 THROUGH 1999-2000 APPROVED BY SOS MAY ll, 1994 STAFF VDOT PROP.RT. ROAD LOCATION DESCRIPTION EST. EST. NEW PROJECTS VDOT REC. PRIORITY NO. NAME FROM/TO COST ADV. ON THIS LIST FINAM. PRIORITY PLAN DATE (REQUEST PLAN SOURCE) ~ ...... COUNTY WIDE SIGNS,PIPE,SEEDS $1,500,000 --' YES 2 2 625 HATTO~ FERRY HATTO~ FERRY OPEE. NATTON FY $60,000 --- YES 3 3 ...... COUNTY BIDE PLANT MIX PROJECT $I,200,000 --- YES 4 4 691 TABOR STREET PARK TO 240 INTER. IMPROVEMENT $108,975 5-94 YES 5+ 5 --~ SERKMAR DRIVE N OF RIO RD NE~ ROAD $1,353,000 5-94 YES ALSEMARLE COUNTY PRIORITY FOR SECONDARY ROAD IMPROVEMENT ~994-95 THROUSH 1999-2000 APPROVED BY BOS MAY 11, 1994 STAFF VDOT PROP.RT. ROAD LOCATION DESCRIPTION EST. EST. NEB PROJECTS VDOT REC. PRIORITY NO. NAME FROM/TO COST ADV. ON THIS LIST FINAN. PRIORITY PLAN DATE (REQUEST PLAN SOURCE) ********************************************************************************************************************** ...... AVON ST TO 5TN ST NEW ROAD $4,870,000 ? NO 39 40 ...... RT 240 TO 250 NEW ROAD ? ? NO 41 744 HUNT CLUB RD ,02 MS OF RT 22 GRADE RR XING S100,000 ? NO 42 671MILLINGTON ~665 SPOT IMPROVEMENT ? ~ NEW (PUBLIC) NO 43 813 STARLIGHT JUST OFF 712 SPOT IMPROVEMENT ? ~ NEW (SCHOOL) NO 44 844 PANARAMA JUST OFF 743 SPOT IMPROVEMENT ? ~ NEW (SCHOOL) NO TOTAL $122,599,369 PLANNING COMMISSION RECOMMENDED PRIORITIES FOR SECONDARY ROAD IMPROVEMENTS Albema'rlu County, Virginia DAVID R. GEHR COMM SS~ONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESV[LL£. 22902-2013 September 26, 1995 A. G. TUCKER RESIDENT ENG ~IEER Ms. Ella W. Carey, Clerk Board of Supe~wisors 401 Mclntire Road Charlottesville, Va. 22902 Dear Ms. Carey: Attached is the 1995-96 Secondary Construction Budget for Albemarle County. Please provide copies to the Board of Supetwisors for their review, The allocations are to the same items and projects as shown on the approved Six-Year Plan With the exception of item (19) on page 4. The allocation on this project was added to allow for an updated construction cost. No othcr projects were affected since the amount budgeted to the above project was an increase due to the final allocation adjustments made by Richmond. Since there are only minor changes from the approved Six-Year Plan, we do not feel that a hearing is needed unless the Board feels it is necessary. Please have the board pass a resolution adopting the 1995-96 Budget and forward the resolution to this office. attachment Yours Tmly, Gerald G. Utz Contract Administrator TRANSPORTATION FOR THE 21 ST CENTURY COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804~ 296-5843 FAX (804) 296-5800 Charles S. Martin Walter F. Perkins Sally H. Thomas TO= FROM= DATE: SUBJECT= DAVID BENISH, CHIEF OF COMMUNITY DEVELOPMENT LETTIE E. NEHER, CMC, CHIEF DEPUTY CLERK ~J NOVEMBER 6, 1995 SECONDARY ROADS BUDGET At the Board's meeting on November 1, 1995, the Board approved the FY 1995-96 Secondary Roads Construction Budget as presented. Attached you will find an extract from minutes which can be used for sending this notice of approval to VDOT. LEN/nL~S Attachment (1) Printed on recpcled paper EXTRACT FROM MINUTES Motion was offered by Mrs. Humphris, seoonded by Mr. Bower- man, to approve the FY 1995-96 Secondary Roads Construction Budget as per the attached sheets. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Perkins, Mrs. Thomas, Mr. Marshall. NAYS: None. ABSENT: Mr. Martin. Mr. Bowerman, Mrs. Humphris and I, Ella W. Carey, do hereby certify that the foregoing writing 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 November 1, 1995. Clerk, Board of County ~rvlsors COF~ONWEALTR OF VIRGINIA COUNTY (002) ALBEMARLE DEPARTHENT OE TRANSPORTATION DATE: 08/16/95 ROUTE I DESCNXPTION ~ ESTIMATED ~ PREVIOUSLY ~ BUDGET SR-2 ALBEMARLE CHARLOTTESVILLE CULPEPER COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM JULY 1, 1995 - JUNE 30, 1996 (002) COUNTY (43) RESIDENCY (7) DISTRICT DETAILS OF CONSTRUCTION BUDGET REGULAR CONSTRUCTION ALLOCATION (33.1-23.4C) UNPAVED ROAD ALLOCATION (33.1-23.~:1) MET FUNDS FOR DISTRIBUTION DISTRIBUTION INCIDENTAL IMPROVES NUMBERED PROJECTS: REGULAR IMPROVEMENTS UNPAVED ROAD IMPROVEMENTS TOTAL ALLOCATION DATE:08/16/95 $ 3,575,013 $ 853,790 $ 4,428,803 $ 410,000 2,549,480 1,469,323 $ 4,428,803 Date of Board of Supervisors Approval of Annual Priority Program SREA C0~0MALTH OF YIROENIA C01~¥ (002) ALBENARLE DEPARTHENT OF TRANSPORTATION DATE~ 08/1~/95 ROUTE : DESCRIPTION I ESTZHATED J PREVIOUSLY : BUOOET I ROUTE 8003 ~ IP*E* 0 J 0 ~ 0 JCOIrrRACT & STATE FORCES ~8003-5403 JR/W 0 ~ 0 I 0 1 ~TRAFFZC SERVXCES,etc~CON 80,000 ~ 0 ~ 80.000 [ ~ ~TOT 80o000 : 0 I 80.000 ~ |soo8-56o4 IR/W ~ o : o :PIPE INSTALLATION iCON $5,000 J 0 I 85.000 : :TOT 35,000 ~ 0 : 35.000 I : I I ROUTE 8012 ] :P.E. 0 ~ 0 : 0 {STATE FORCES 18012-5405 ]R/W 0 I O : 0 1 [PRELIHINARY ~CON 30,000 : 0 | 30,000 ~ ~& SURVEYS ~ ] : [ (I) I I ~ I 20UTE 8014 | :P.E. 0 I 0 I O ISTATE FORCES 18014-5604 IR/W 0 f 0 I 0 1 :FERTILIZER iCON 10,000 I 0 I 10.000 : ~& SEEOINO :TOT t0.000 ] 0 ~ 1o.oo0 ~ | I I : ROUTE 8015 : :P.E. 0 ~ 0 : O :STATE FORCES 18015-5615 IR/W 0 i O | O l ~SUBD~VXSXON PLAN :CON 40.000 I 0 ~ 40.000 ~ :REVIEW :TOT 40,000 . 0 [ ~0,000 ] ROUTE 8010 | :P.E. 0 I 0 | 0 18016-5608 IR/W 0 I 0 I 0 :PAYP~E,NT STRXPINO :CON 5,000 I 0 : 5,000 I :TOT 5,000 I 0 I 5.000 (1) : I ~ I ROUTE 0425 : |P.E. 0 I 0 | O ICONTRACT TC: 67 10425-00S-5300 :R/W 0 I S I 0 ~ ID: |OPERATE NATTON ICON 10.000 ~ 0 ~ I0,000 ~ STATE FORCE :FERRY :TOT 10,000 t 0 ~ 10,000 ~ I I f I CO~ONWEALTR OF VIRGINIA COUNTY (002) ALBENARLE DEPARTHENT 0F TRANSPORTATION DATE: 08/15/95 ROUTE [ DESCRIPTION [ ESTIMATED [ PREVIOUSLY [ BUDCET I ROUTE 0664 |HEM PLANT SIX [P.E. | 0 ~ 0 =CONTRACT TO= 1032 ~06&4-0OE-530! ]R/W ~ 0 | 0 ID: |FR: RTE. 776 iCON 82,000 ~ 0 ] 82,000 CONTRACT ]TO: RTE. 665 ]TOT 82.000 ~ 0 [ 82,000 STATE ~LENOTH: 2.53 (3) = ] ] 0 CONTRACT 0 16,000 ROUTE 0715 ]NEW PLANT NiX :P.E. O [ 0 ] 0 ]CONTRACT TO: 1203 ]0715-002-5304 ]R/W O ] 0 ~ 0 | ID: ]PR:ROUTE 627 ~CON 90,000 ] O ] 90,000 ~ COITI'RACT ~TO:ROUTE 712 =TOT 90.000 | 0 J 90,000 I ROUTE 1444 [NEW PLANT NIX ~P.E. 0 ~ 0 ] 0 ~CONTRACT TC: 2020 [14~4-002-5305 ID~ CONTRACT ]TO=WCL CH'VILLE ]TOT 12,000 STATE (3) TOTAL INCIDENTAL XNPROVFJIENTS| 410.000 ] 0 : ~Z0.000 I SREA C0~HONWEALTH 0F ¥IRCIN~A COUNTy (002) ALBENARLE DEPARTNENT 0F TRANSPORTATION DATE: 08/16/95 ROUTE O631 JREADONCREER PARKWAY ~P.E. 400,000 ~ 400.000 TO: 0 ~0631-002-128,C502 |R/W 2,900,000 | 2,800,899 ID: 2530 ~FR~NCL CR'¥ILLE {OOR 3,864,107 ~ 0 CONTRACT ~T0~CSX RAILROAD |TOT 7,164,107 | 3.200,899 (6) ~ ROUTE O631 ~READO¥CREEK PARKWAY IP.E, 200.000 TC: 0 [0631-00E-128,B612 IR/W 0 ID:2530 ~BRIDGE OVER CONTRACT BR$OS I (6) 0 FUND PARTIAL 0 ; CONSTRUCTION 549,480 I 569,480 ; ROUTE 743 ;HYDRAULIC ROAD IP.E. 250.000 ~ 250,000 I 0 I FUND PARTIAL TO: 22997 I0743-002-153,C502 ~R/W 785,206 ~ 785,206 ~ 0 ; CONSTRUCTION ID:8811 ;PR: ROUTE 657 ICON 1.455.510 ~ 563,828 ~ 200,000 ~ CONTRACT ;TO~ ROUTE 631 ITOT 2,490,716 ; 1,579,034 ~ 200,000 ~ STATE ~LENGTR: 0.61 RI. I ~ ~ J ;CON ;TOT I ~cuN I ~cuN ; ; ITUT I I SREA CONNONWEALTH OP VIRCINIA COUNTY (002) ALEENARLS PEPARTNENT OF TRANSPORTATION PATE: 08/16/95 RESIDENCY (43) CRARLOTTESVXLLE SECONDARY SYSTEN Page: 4 DISTRICT (7) CULPEPER DETAILS 0F CONSTRUCTION BUDOET ROUTE ~ DESCRIPTION ~ ESTXNATED ] PREVIOUSLY ~ BUDGET ROUTE 682 I :PE ¢68.675 J 448.675 ~ 0 TC: 317 10682-O02-PSS*U50i ~R/N 441.648 I 441.648 ~ 0 ID: 8810 IFR: ROUTE 250 iCON 2,076,750 : 897,086 ~ 848.341 (19) ] ] ] | ROUTE 0610 I ]P.E. 25,000 ~ 25,000 ] 0 TC~ 268 106X0-002-P48,NS01 ~R/W 30,000 ~ 30,000 ~ 0 ID: 8808 JER~ROUTE 20 ~CON 885,000 ~ 119,918 J 350,000 CONTRACT ]TO:1.8 NX.E. RTE. 20~TOT 940,000 ~ 174,918 ~ 350.000 STATE ~LENOTH:I.0 ~X. (2o) FUND PARTIAL CONSTRUCTION FUND PARTIAL CONSTRUCTION FUND P.E., R/W AND PARTIAL CONSTRUCTION IP.E. iCON ]TOT ] |P.E. I I I ]P.E. ] ] [ ROUTE 712 | ]P.E. 15,000 I 0 ~ 15,000 TC: 139 ~OTIE-O02-P02,NS01 ]R/W 18.O00 ~ 0 ] 18,000 ID: ~307 ]PR:ROUTE 29 iCON 417,000 ~ 0 J 237,982 CONTRACT ]TO:ROUTE 692 ]TOT 450,000 ~ 0 ] E70,982 STATE ~LENCTH:O.9 HI. ~ ~ ~ (21) ~ I I ] COUNTY OF ALBEMARLE ®. EXECUTIVE SUMMARY AGENDA TITLE: Resolution - Virginia Juvenile Community Crime Control Act (VJCCCA) SUBJECT/PROPOSAL/REQUEST: Request approval of resolution of certification for use of Virginia Juvenile Community Crime Control fimds in the amount of $68,424-. STAFF CONTACT(S'}: l'tmker, White AGENDA DATE: November 1, 1995 NUMBER: ACTION: CONSENT AGENDA: ACTION: X ~.BACKGROUND: - The 1995 General Assembly envcted the Virgitha Juverule Commanity Crime Control Act (VJCCCA) through the passage of Senate Bill 1114, which changes the manner in which the Department of Youth andFamily Services will fund loenl programs for youth who have come before the Juverfile and Domesfie Relations District Courts. Previously only those localities who operated block grant residential and non-residential progzan~ ~eceived funding, but under the new taw all localities with Board of Youth and Family Services approved local community pre and post disposifional plans will receive fonding fi:om the department. Under a formula that measm-ed the FY93 Child Care Days, Albemarle County is eiig~le to rec~ve an additional $68,424 for FY 1995-96. Since the City already receives $565,573 in block grant funds for the Community Attention Home. they will receive a level amount of fimding for FY 96, DISCUSSION: Through Children and Youth Commission sta~, the City and the County have provided a joint plan to the state for the use of the VJCCCA funds. The proposedplan states that the City will contknue to use their block grant funding allocation at Community Atteation for the same type of services provided to City youth in FY 1994-95. The Count~ will use the additional fimds from the state m provide Outreach Services to Albemarle Counly juveniles through Community Attention. The plan proposes that Cormnonity Attention will retain the Coun .ty's funds, which will m turn be used by the Juvenile and Domestic Relations Court for juveniles needing either pre or post dispesitienal care. Under this agreemem the Juvenile Court will be able to use these funds to purchase oalreach services from Community Attention or from any other service providers deemed appropriate by the Juvenile Court Services Unit. This arrangement for using the VJCCCA fends is supported by the Juvenile and Domestic Relations Cour[ and the Court Services Unitx The plan due November 1 has been submitted to the Depar~an( of Youth and Family Services for their approval. The Department of Yot~2~ and Family Sex,ices requires a resolution fi'om the Board of Supervisors certifying that Albemarle County will not contribute less funding to juvenile services than wes ut/llzed in 1995 (the County currently funds $60,240 to Couurtunity Attention and $71.911 to the Juvenile Detention Home for a total local commitment of $I 32,15 t ), not use these funds to supplant any other local funds for juveniles, ~511 cemply ~vith pmvisious established under the Virginia Code by the Board of Youth and Family Services, has consulted with the Juven./le and Domestic Relations Court, and will submit roullne reports to the Department of Youth mid Family Services, RECOMMENDATION: Staffrecommends approval of the attached resolution required by the Department of Youth and Family Services in order to receive $68,424 in additional fimding for pre and post disposifional services for Albemarle County youth who have come bffore the Juvenile and Domestic Relations Court. 95.179. David P. Boatman Charlotte ¥. Humphris Forrest R. Marshall, Jr, COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mdntire Road Charlottesville, Virginia 22902-4,596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Waiter F, Perkins Sally H. Thomas FROM= DATE= SUBJECT= ROXANNE WHITE, ASSISTANT COUNTY EXECUTIVE LETTIE E. NEHER, CMC, CHIEF DEPUTY CLERK ~/ NOVEMBER 6, 1995 RESOLUTION - COMMUNITY CRIME CONTROL ACT At the Board's meeting on November 1, 1995, the Board adopted the attached resolution as required by the Department of Youth and Family Services in order to receive $68,424 in addi- tional funding for pre- and post-dispositional services for Albemarle County youth who have come before the Juvenile and Domestic Relations Court. I take for granted that you will see to the filing of this resolution with the correct person. LEN/mms Attachment (1) Printed on recycled paper RESOLUTION WHEREAS, the Department of Youth and Family Services has approved funding through the Virginia Juvenile Community Crime Control Act in the amount of $68,424, and WHEREAS, Albemarle County has submitted a plan to the Department to use these Virginia Juvenile Community Crime Control Act funds to provide services to youth who come before the Juvenile and Domestic Relations Court, and WI~EREAS, Albemarle County's funding plan is approved by the Department of Youth and Family Services for FY 1996; NOW, TItEREFORE, BE IT RESOLVED TItAT Albemarle County certifies that it: Will not contribute less funding for the implementation of this local plan than as expended for block grant funded programs or services either operated or utilized in FY 1995 in compliance with § 16.1~309.6 of the Code of Virginia; W'fll not utilize funds provided by this Act to supplant funds established as the state .pool.of. funds under §2.1-757 in compliance with §16.1-309.3 C of the Code of Virginia; Will comply with all provisions of §16.1-309.9 of the Code of Virginia which gives the Board of Youth and Family Services the authority to establish and enforce standards and to review the expenditures and services established by the local plan; Consulted with the judge(s) of the Juvenile and Domestic Relations District Court and the Director(s) of Court Services of the participating jurisdiction(s); Will submit routine reports and any other information to the Director of the Department of Youth and Family Services for each program or service funded by the Act in compliance with §15.1-309.3 E and §16.1-309.10 of the Code of Virginia and all applicable Departmental procedures. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Bt?ar~of County Supervisors of Albej..n~rle County, Virginia, at a meeting held on Clerk, Board of County Supe(4isor~_. COUNTY OF ALBEMA E EXECUTIVE SUMMARY L~OARD OF SUPERVISORS AC~ENIIA Trs'g~E: Lease Purchase Agreem~ Request anthorizatio~t to enter into a lease/purchase agreement to facilitate the acquisilion of various computer related hardware, soffware~ and maintenance. ,qTAFF CC~NTACT(~q)~. Messrs. Tucker, Huff, Kroger, Breeden November 1, 1995 Tq~M NI1MRER: ACTION: C~N~NT A C~F~N~A: ACTI~tC)N: X ATTAC~: No The Board of Superv/surs-~ previously requested that all lease/purchase agreements receive their approval before proceeding. This request is related to the acqnislti~n of various computer related hardware, software, and maintenance previously budgeted as a lease purchase on the County's 5 year Teelmology Plan. DEqCI t~qION: Approval is being requested to enter into lease/purchase arrangement(s) to acquire the hardware, software and services described below: Mainframe and Software Upgrade The purpose ~s to provide a replacement mainframe which will better integrate into the County Office Building's (COB's) LAN and tl~ new WAN..As more users have direct access to mainframe information for improved management and more thnoly data input, greater mainfrsme resources are needed. The replacement mainframe will allow the COB's LAN to directly attach to it eliminating the need for a local controller and its related complexities andmaintenance cost. The vendor will also provide software upgrade services to install the latest version of the VSE/ESA Operating System Sof~wsa'e. The vendors proposals provides: 1) reglacement mainframe; 2) System Software Upgrade Services; 3) 5 years usage of the Oparating System; and 4) 5 years warranty and maintenance support. Tho total cost to bo financed will be $466,621. The four (4) anm~l lease payma~ are projected at $129,500 inclusive of interest projected at a rate of about 4.9%, with the first payment dne August 1, 1996. Funding will bo available in the Information Services operating budget. The Co~ c~ntly ~s a si~ific~ ~ for ~provemeuts w o~ cu~e~ ~omtion ~c~g t~hnob~. ~se ~ov~e~ s~ ~e ~cfi~ ~C~ ~ ~, ~ ~emfme, r~o~end~. ~o ~c~g was com~vely ~o~ ~ is e~e~ly f~i~y be~fic~ to l~/~c~e at ~ ~o w~ch is ~ss ~ ~r c~ent ~v~ent rate. S~ l~g w~ ~v~figat~ ~ &t~ n~ m yi~d ~y ~c~ adv~ge. 95.185 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Neighborhood Team SUILIECT/PROPOSAL/RE QUEST: Information on proposed lqeighborhood Team STAFF CONTACT(S): Mr. Tucker, Ms. White, Ms. Catlin AGENDA DATE: ITEM NUMBER: II November 1, 1995 ]] ACTION: . INFORMATION: ! CONSENT . II ACTION:· INFORMATION. X ~ · BACKGROUND: To more effectively address the concerns of County citizens, staffhas come together to form a Neighborhood Team composed of representatives from the County F_y~ctdives Office, Police, Planning, Housing, Social Services, Parks and Recreation, Zoning, School Division and MACAA. 2]~e team's focus in this ininal phase will be to develop more effective channels of communi~ation with citizens through exisiting neighborhood associations and neighborhood watehs. Future team goals will £oens on assisting citizen in defining neighborhood issues and encouraging and strengthening eivio leadership in the community. The neighborhood team concept should also provide a single point of entry for citizens to obtain information on and access to a variety o£ county services and programs. DISCUSSION: The following in~roduction and overview explains the basic goals and initial action steps for the team: ALBEMARLE (2OUNTY NEIGHBORHOOD TEAM INTRODUOTION AND OVERVIEW Challenges Farin~ Albemarle County County government h~ long recognized that citizen leadership is a prerequisite for empowered and self-sufficient neighborhoods and should be developed and encouraged in all possible ways. Staff communications with citizens is often one-on-one, which raises the question of how representative lhis c~ranunicalion may be of the needs of the larger community. Furthermore, citizen involvement in local government is rare limited than we would like - contact is generally issue-specific and/or short Term. In a jurisdiction as large and geographically diverse as Albemarle County, neighborhoods are the best entities for defining resident issues and organivlng citizen leadership and communicafic~ Finally, in an era of increasingly scarce resources, those resources should be allocated as efficiently as possible according to real citizen needs - not all neighborhoods may need the "one-size-fits-all" services of the past. We should also look beyond the resources and services of government and toward the assets and slxangths of our neighborhoods and other organizations to meet resident needs. The Vision We hope to achieve with our Neighborhood Team a county where every neighborhood has the opportunity to succeed in realizing its flail potanual for a better cluality of life. We want. to work closely with residents to identify neighborhood leaders and to orgardze neighborhood representation that will work with the county to make changes to improve the community. We want to provide more appropriate, more coordinated and enhanced services and activities that meet specific neighborhood needs in order to help improve the quality of neighborhood life. We hope to nurture neighborhood seh'-deturminafion by helping to organize neighborhood associations, by encouraging neighborhoods to build consensus around shared visions and by empowering neighborhoods to roalize these visions in partnership with the publio sector. AGENDA TITLE: Iqeighhorhood Team AGENDA DATE: November 1, t995 Page 2 of 2 Mission Statement To enhance county service delivery coordination in order to build involvement by residents in addressing their own needs in identified communities and to create communication channels within and among neighborhoods and Between neighborhoods and county government Goals . To act as a pamaorsbip to address neighborhood requests for human servico related information, programming and services · To encourage citizens t~ become informed about and involved in the issues and activities of county government To slrengthen nelghhorhood/eemmunity organizations so they become full pafficipants in identifying and meeting their particular service needs . To provide an effective avenue to ensure aeeess and information sharing relative to the team's mission through regular meetings and other communieatiom IVho is the Neiehborhood Team? The Neighborhood Te~n m a committee of employees of the Albemarle County government who have organized in order to improve the quality of life in county neighborhoods and to strengthen communication between residents and county governm~t. Thc membershil~ o£ the committee will fluctuate beyond the base members depending on the particular issues and needs of particular neighborhoods. Base membership to include representatives from: Police Planning end Community Development Homing Parks and Recreation Social Services County Excoutive Commumty Resources Zoning MACAA Edueatiou Supplemental members/assistance will be selected from among the following: . Heelth Department · Library · Extension Service · Mental Health . citizan representatives from involved neighborhcods Summary of Kev Facts about the Neithborhood Team · The team is a group of county and school staff supplemented by citizen leaders and commumty representatives that have the support of the County Executive ~ The team's purpose is to improve neighborhood life and thus ~engthen the county as a whole The team helps neighborhoods to organize and to take an active role in the impmvament of their own nexghborhoods.. The team uses an inclusive approach to involve ali those who have a stake in the neighborhood and its suceess~ The team helps neighborhood leaders by providing leadership and community organizing assistance The team helps neighborhoods identify their needs and meet those needs in the most effective wa~v. Initial Action Steps to Consider . To create a standing committee membership and establish a meeting schedule · To identify a priority list ofcommunities to be served · To develoP an acfiou ptan involving corcananity policing/human services and other mumcipal agencies to address neighborhood partecrshlp~ in identified neighborhoods, focusing on an initial "model" netghborhood · To establish aNeighborhood Leadership Council using existing resources like Neighborhood Watch and neighborhood associations RECOMI.~IE. NDATION: This summary is provided for the board's information and reqmres no actio~t Team staff will keep Board members informed of any neighborhood issues or meetings in their district and may seek Board member assistance in identifying neighborhoods and community leaders. 95.176 neigh.exe October 12, 1995 Route 250 Business/250 Bypass Rumble Strip Revision Mr. John Greene 1115 5th Street, S. W. Charlottesville, VA 22902 Dear Mr. Greene: Please be advised that we are overlaying the existing rumble strips along the Route 250 bypass off ramp in preparation for a new application of a new hi-tech rumble strip. The new rumble strips will provide the same "alerting action"; however, they will minimize the noise ko Burrounding areas. This work will be performed by a local connrac~or on Monday, October 16, 1995, between the hours of 10:00 a.m. and 2:00 p.m. We will close the ramp and advise traffic 5o use the second exit during this work period. A formal press release ls being issued late this week. It is expected that pavement markings will delineate the section of road between Route 855 and Route 601 as one lane one way. Please be assured that we are conninulng ko review the Belair ennrance location for any lmprovemenns that will enhance safety. We are re-evaluating the lnssallation of a signal in this vicinity and will ~hare information with the Task Force as 15 is forthcoming. Thank you for your continued patience. Sincerely, AGT/smk CC: Ms D. J. H. Ella Carey R. Askew S. Hores W. Gentry A. 3. rucker · 5 COUNTY OF ALBEMARLE Department of Engineering 401 Mclntire Road Charlottesville Virginia 22902-4596 (804) 296-5861 ~O~M~D OF SUPER~,qSO~ ~ October t2, 1995 Ms. Angela Tucker, Resident Engineer Virginia Department of Transportation Post Office Box 2013 Charlottesville, VA 22902 RE: Recommendations & Observations on Road Work in Sugar Hollow Dear Ms. Tucker: Thank you for pulling together the necessary players and meeting us for the site visit on September 19. This letter is m follow up on that visit with recommendations and observations on the road-paving project proposed for Route 614. I understand that additional items were discussed at the October 4 Board of Supervisors meeting, and that we are to develop responses to those items as well. However. this letter is in reference to the motion passed by the Board on September 13 and the subsequent September 19 site visit. I will contact you in the near future to discuss our response to the additional matters. Before discussing site-specific recommendations, I would like to offer a few general observations about the nature of the Moormans River valley and this summer's major flood· As we all know, this was a major flood event. As the flood waters rose, they dislodged many tons of rock and cobbles from floodplains, banks, and hillsides adjacent to the river. This material was transported downstream in waves. At intervals, the material hit a snag or caught up in a meander and built up huge debris jams in those locations. As pressure built up behind these jams by the flood waters, they broke in weak points, and the process continued downstream. When the flood waters finally receded, this process was interrupted, leaving huge cobble accumulations and debris jams in thetr current post-flood configuration. This configuration is only a snapshot in time, and the flood process will continue with subsequent high water events; in other words, all this material is just poised temporarily in its current position, waiting for high water to again redistribute it downstream. Eventually, riparian vegetation will help stabilize stream banks and floodplains, slowing (but definitely not stopping) this process of bedioad transport until the next major flood. This is a drama that the river has played out numerous times in ks history. FAX r8041 972'4035 Ms. Angela Tucker, Resident Engineer Virgini~ Deparlment of Transportation October 12, 1995 Page 2 The point of all this hydrologic discussion is that the Moormans valley will remain very dynamic for years to come, and our human activities can either appreciate this fact or be taken by surprise (once again). As this "bedload' moves down the valley, it is analogous m giant, course-grained sandpaper raking over the surfaces it comes in contact with. This process is likely to be destructive, regardless of the materials we place in the way to "protect" our human structures. I bring this up only to shed some light on the environmental realities that may affect the proposed road improvements. The Rivanna Water and Sewer Authority (RWSA) is currently conducting a study on the Sugar Hollow reservoir to determine their future course of action for a possible clean-out. They have received approval from FEMA for debris removal, and are currently assessing the need to do this. If RWSA does remove debris from the reservoir, many truck trips are rukely up and down Route 614. VDOT should Coordinate carefully with RWSA on the timing of projects, and should consider whether the proposed road improvements should take place before or after a possible RWSA reservoir clean-out. You can contact either Gene Potter or Chuck Kent at RWSA (977-2970). Once the road is paved, the rate and volume of stormwater runoff will increase, attended by an increase m pollutants that this water picks up from the road surface (including grease, oil, and heavy metals). Great care must be taken ro minimize these impacts. In general, srormwater should not be concentrated if there is any choice. Stormwater flows should be spread out into heavily vegetated buffer areas in order for natural fdtration processes to take place. If stormwater must be concentrated (such as along the road adjacent to Puppy Run Farm), alternative means should be explored for "pre-treating" this runoff before it is discharged into the river or ks tributaries. The first half-inch of runoff generated by the road surface is the most critical to treat. There may be options for infiltrating this "first flush" of runoff, given the highly porous nature of the river valley material. Even well-conceived runoff practices may not be enough to prevent an increased delivery of pollutants to the river in places where the road is immediately adjacent to the river. At the September 13 Board of Supervisors meeting, you mentioned that the "plant mix" that will be used on the road is inert and will not leach pollutants into the river. [ have received the abstract from research that documents that heavy metals can be leached from porous pavement in the presence of acid water (attached). I acknowledge that porous pavement is different than the relatively/mpervious plant mix surface. However, it would be advantageous if you could provide documentation on the leaching potential, or lack thereof, of the plant mix at the pH levels common to our rain water (4.3, according m the State Climatologist's Office). This is important since subsequent storms may deposit chunks of plant rrfix directly into the river. Ms. Angela Tucker. Resident Engineer Virginia Department of Transportation October 12, 1995 Page 3 At our September 18 meet'rog at the Moormans, we discussed the treatment of slopes adjacent to road shoulders. To reiterate our discussion, these slopes should be stabilized by seeding and mulching as soon as possible in order to establish vegetative cover for the winter. In several critical areas, some type of erosion control fabric may also be warranted. Subsequently, a natural succession of native vegetation should be allowed m colonize these slopes in order to fully stabilize the slopes, increase the width of the stream buffer, and provide a more natural setting for the river corridor. Similar treatment should be considered for at least part of the road shoulders. Based on recent visits to the area, grass seems to be well established on most of the shoulders. Specific areas where it is critical to stabilize slopes behind these shoulders are: just upstream from Route 674, at the second bridge, and between the third bridge and the dam. We also discussed one area where "river stone" will be placed to cap the fill dir~. This practice is acceptable as long as a good stand of vegetation can be established before winter. As we have discussed, the recommendations made in this lerner are being handled separately from recommendations for rehabilitating some of the borrow areas and further channel restoration projects. These activities will involve further work in and immediately around the river. Determining the best course of action for this work will involve some further investigation and field work. I have made initial contact with several parties, including the Natural Resources Conservation Service ClVRCS) and the Virginia Department of Forestry (VDOF), regarding additional in~stream work that may be needed to protect public health and safety. Indeed, we will approach these projects in a careful and collaborative manner, aknd VDOT's cooperation will be essential. At this po/m, I will discuss the site-specific results from our September 18 meeting. Downstream From Route 674 All parties acknowledged that VDOT will proceed with pav'mg this section, as k was prior to the flood. The recommendation was made to lower the rock berm between the road and the river mediately downstream from Route 674 so that the rocks are flush with the top of the paved surface. This suggestion was made by John Kauffman from the Virginia Department of Game and Inland Fisheries. The intent is that runoff is not diverted from the river and/or concentrated. Ms. Angela Tucker, Resident Engineer Virginia Departmem of Transportation October 12, 1995 Page 4 In the Vicinity of The Buxton 's Low-Water Bridge We discussed a line of cedar (juniper) trees that are holding up the remains of a fence. It is anticipated that these trees will be removed and replaced with hardwoods on the Cabell property. The replacement hardwoods should be selected carefully to accommodate soil and moisture conditions (perhaps a soil test can be analyzed). Maintenance (mostly watering) of the newly-planted trees will also be vital~ and this must be coordinated between your agency and the property owner. David Halley from the Virginia DeparUnent of Forestry could be an excellent resource for this project (phone number: 977-5193). As discussed for another section of the road, the rip-rap slope constructed next re the river upstream from the Buxton's bridge should be lowered to match the top of the paved surface. In addition, a strip of turf should be established between the edge of the road and the rip-rap, so that road runoff will flow through the turf before hitting the rip-rap slope. Most importantly for this site, every effort must be made to save the monumental sycamore just upstream from the Buxton's bridge. Fill dirt and heavy equipment may have already done damage to the root system. It is recommended that a professional arborist be consulted on the best methods to save the tree. It is likely that the fill will have to be removed, and the process be done with utmost care so as not to damage~ the roots, the think, or other trees next to the river. This project should be considered to have a time critical element, since the tree will likely die if prompt action is not taken. Dr. Buxton (823-4950) has offered to meet with your representative and the arborist in order m provide background and history on the tree. "Upper" Cabell Property Further upstream, there is another fence wrapped around cedar trees, and the trees must be removed to accommodate the road. Along most of this section, taller trees behind the cedars provide good canopy, so replacing the cedars is not recommended. There is one "break" in the canopy, and this is a possible area for hardwood replacements in accordance with the recommendations listed above. Since this area is not as critical (there is already good canopy) as the downstream site, I suggest that tree replacements be decided between your agency and the property owner. There was also some discussion of a cross-pipe for conveying road drainage into the dyer. This should be handled in accordance with the recommendations listed earlier for stormwater management. Ms. Angela Tucker, Resident Engineer Virginia Department of Transportation October 12, 1995 Page 5 Section Along Puppy Run Farm This is a section where the road must be made to "fit" within existing topographic constraints. There seemed to be a consensus at our meeting ro not disturb the trees along the south side of the road. Cross-sections taken at 20-25' intervals along this stretch will help to further evaluate the options (raise road surface, em.). The drainage problem immediately in the vicinity of the Puppy Run Farm driveway is complex, and will also reqmre additional analysis. This is an area where concentrating the water seems ro be a necessity, since the existing drainage is damaging the steep river bank. A desirable solution will remove this disturbance while m/nlm/zing additional disturbances. Possible solutions discussed in the field included piping the water across the road and discharg'mg it onto bedrock and working with the property owner on installing water turn-outs along thek driveway (to reduce the volume of water reaching the road). Since this section of road will likely requrre some concentration of runoff into road ditches, the previous discussion on stormwater management is relevant. Thank you once again for your cooperation. I w/ll be available any time in the future to work with you on specific areas that require more analysis. Please let me know if you have any questions or comments at this time. Sincerely, /~ Water Resources Manager DJH/ctj copy: Albemarle County Board of Supervisors John Kauffman, Virginia Department of Game & Inland Fisheries John Marshall, Moormans Scenic River Advisory Committee Marcia Joseph, Albemarle County Zoning Department David Vanaman, City of Charlottesville Engineer Donna and Jim Bennett, Sugar Hollow residents Richard and Hayden Cabell, Sugar Hollow residents Jo Higgins, Director of Engineering & Public Works DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE, 22902-2013 October 16, 1995 A. G. TUCKER RESIDENT ENGINEER Route 20 at I 64 Off Ramp Albemarle County Signing Review Ms. Ella W. Carey Clerk, Board of Supervmsors 401 McIntire Road Charlottesville, VA 22902 Dear MS. Carey: This ms mn reference uo a verbal request from Mr. Forrest Marshall regarding the placement of a STOP sign on the 1-64 eastbound lane off ramp onto Route 20 southbound. Pleese find attached our mosE recen5 review of this locatiom and the related accident data covering a 67 month period. Please also note that the ideal solution uo this intersection is the exuension of the acceleration lane onto Route 20. This proJecu is scheduled Eo occur in 1996 It is requested that this information be shared with all the Board members. If there are additional questions or concerns, please let us know. AGY/smk attachment TRANSPORTATION FOR THE 21 ST CENTURY VIRGINIA DEPARTMENT OF TRANSPORTATION INTRA-DEPARTMENTAL MEMORANDUM CULPEPER DISTRICT TRAFFIC ENGINEERING SECTION TO: FROM: Ms.A.G. Tucker Culpeper, Virginia Gena Edwards -~~ October 10, 1995 Traffic Engineering Technician SUBJECT: SAFETY/OPERATIONAL STUDY Route 20 ~ Route I64 off-ramp Albemarle County The Traffic Engineering Section has completed a review of the subject location as requested in your 9/11/95 memo. A stm~mary of accident data from 1/1/90 thru 7/24/95 (67 months) is shown on the attached sketches, indicating type and location of each accident, Accident data reveal that there has been a slight decline in accidents over the study period. The recurring accident pattern involves rear-end collisions on the eastbound Route 1-64 off-ramp entering Route 20 southbound. The only solution to this type of accident pattern is to extend the acceleration lane for the eastbound Route I64 off-ramp which will be doge under Project 0020-002-123, PE101, M501 (construction date is July 1996). If a Stop sign were to be placed on the ramp, we .would have to be concerned about traffic backups on the 1-64 exit ramp. This would just relocate the problem. After our field survey, we feel that the signing shown on the attached sketch is adequate at this time. This office has already done everything feasible with respect to s~gning and pavement marking at this location. Therefore, our recommendation is to extend the acceleration lane (previously noted project). Once this project is completed, we would obviously not want a Stop sign on the ramp since it would defeat the purpose of lengthening the acceleration lane as well as create a mar-end accident trend. If you have further questions, please contact me. GE:ss Attachment ACCIDENT ALBEMARLE ROUTE 20 ~ 1-64 From' SUMMARY COUNTY EB OFF 1/1/90 RAMP Thru: 7/24/95 TYPE OF COLLISION 90 cji 92 93 q4 95 Total REAR END 3 3 1 2 2 '11 TOTAL 3 1 2 0 2 11 13 SEVERITY cjo cji 92 93 cj4 cj5 Total PERSONAL INJURY 2 1 1 4 PROPERTY DAMAGE 3 1, 2 I 7 TOTAL 3 3 1 2 0 2 MAJOR FACTORS 90 cjI cj2 93 cj4 95 Total DRIVER INATTENTION 3 ' 3 1 2 2 I1 TOTAL 3 3 1 2 0 2 11 DRIVER I~TTENT~O~ ~/18/g0 12PM PD DRIVER INATTENTION TYPE OF COLLISION I ~ REAR ENOS SEVERITY IPDI.,PROPERTYToTaL O~HAGE 33 ALBEMARLE COUNTY RT. 20 © I64 EB OFF RAMP ACCIDENT DIAGRAM "1990" 11/22/91 5PN PD CLEAR/~. ORIVER INATTENTION% ~"~ 3/4/91 IIAH PO DRIVER INATTENTION O~IVEn IN~ TYPE OF COLLISION ~ REAR ENOS 3 TOTAL ' 3 SEVERITY ~ROPERTY DAMAGEI I TOTAL I ALBEMARLe. COUNTY RT. 20 ~ 164 EB OFF RAMP ACCIDENT DIAGRAM "1991" 6/3/q2 5PM~ ORIVER INATTENTION ~ ~ TYPE OF COLLISION SEVERITY ALBEMARLE COUNTY RT. 20 ~ I64 EB OFF RAMP ACCIDENT DIAGRAM "1992" TYPE OF COLLISION ~ REAR ENDS TOTAL SEVERITY PROPERTY DAMAGE TOTAL ALBEMARLE COUNTY RT. 20 Q [64 EB OFF RAMP ACCIDENT DIAGRAM "1993" 7/24/95 6PI~I P! CLEAR/ORY---~"~-----~ '"'~,~ DR!VER 1NATTENT!ON ~"~ '~_ TYPE OF COLLISION ~ TOTAL I 2 SEVERITY PO~P~OPE~T~ OA~AOEI ~ ! TOTAL ! ALBEMARLE COUNTY RT. 20 ~ 164 EB OFF RAMP ACCIDENT DIAGRAM ALBEMARLE CO. ROUTE 20 o 1-64 OFF 9~1I~$0H 3901B 3aqB All signs shown are in place and adequate. REVIEW OF COLLECTIONS of COMMONWEALTH REVENUES by the DIRECTOR OF FINANCE, SHERIFF AND COMMONWEALTH'S ATTORNEY of the COUNTY OF ALBEMARLE, VIRGINIA FOR THE YEAR ENDED JUNE 30, 1995 ~ UDITOR OF Accov rs COMMO~ TH OF FIRGIN~ Walter J. Kucharski. Auditor Auditor of Public Accounts P.O. Box 1295 Richmond, Virginia 23210 October 6, 1995 Melvin A. Breeden Director of Finance James L. Camblos, III Commonwealth's Attorney Board of Supervisors County of Albemarle Terry, W. Hawkins Sheriff We have rewewed collections of Commonwealth revenues of the Director of Finance, Sheriff and Commonwealth's Attorney of the County of Albemarle, Virginia, for the year ended June 3G, 1995. Our review included tests of these Constitutional Officers' compliance with certa'm state laws and regulations and other procedures relating to the receipt, disbursement and custody of state funds. The results of our tests indicate that the Director of Finance did not comply with applicable state laws as described below. Transfer State Taxes Collected Promptly Section 2.1-198A of the Code of Virginia requires all counw and city treasurers to deposit state income mx payments within one banking da,v with the Treasurer of Virg~ma. The Director of Finance was one day late in transferring state income tax payments to the Treasurer of Virginia on 2 of 10 days we tested. Our comments are made to assist the Constitutional Officers in enhancing their financial practices. We discussed these comments with the Director of Finance on July 27, 1995, and we acknowledge the cooperation extended to us during this audit. LSZ:kwp kwp:13 ABG' FINANCIAL SERVICES, INC. October 10, 1995 Mr. G. Robert Richardson Corporate Trust Department Nations Bank Post Office Box 26904 Richmond, Virginia 23261-6904 BOX 3 34 BELCAbIP MARYLAND 21017 410- 575- 7412 Re: Arbor Crest Apartments (Hydraulic Road Apts.) Dear Mr. Richardson: Enclosed please find the Bond Program Report and Monthly Report Pursuant ro Section 7(a) of the Deed Restrictions for the month of September 1995. If you have any questions, please do not hesitate to contact me au 410-575-7412. Sincerely, ~heila H. Moynihan Project Monitor /shm enclosures CC: MS. Ella W. Carey, Clerk, CMC Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 Effective September 30. 1995 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS ABG Associates, Inc. 300 E. Lc~h~rd Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Arbor Crest Apa~u~_nts Charlottesville, Virginia Pursuant to Section 7(a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April l, 1983, between the Industrial Development Authority of ~lbemarle County, Virginia (the "Authority"), and your bank, as trustee, the undersigned authorized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership (the "Purchaser"), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlottesville, Virginia (the "Project"), that as of the date shown below: 1) The number of un,ss in the Projec: occupied Dy lower income tenants is 17 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described (1) and (2) is h9 in 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Projec~ is 26E 5) The information contained in this report is ~rue, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of October 5, 1995 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership el~resentati LOC~tio~: Charlottesville, VA Loretta Wyatt ,Gu~mdl®d DY: · ~aoal~ . September Y~at 1995 Arbor Crest Apartments (Hydraulic Road Apts. )PrOOf l: .051-35371 Numl~r of Unit,, 66 October 5; 1995 Effective 9/30/95 Total Occupied 66 Bond Occupied 17 2 Arbor Crest Dr 21 Betty Meador . 4 Arbor Crest Dr 22 Beverly T. Lane 6 Arbor Crest Dy 23 Wilma M. Atkinson 7 Arbor Crest Dr ~ Florence Lee Carey 9 Arbor Crest Dr 25 Virginia., Burton 12 Arbor Crest Dr 26 G.,., Robert Ston~ 14 Arbor Crest D~ ~! B~yty L. Reed 20 Arbor Crest Dr ~ Evelyn Mandeville 30 Argo,r Crest Dr ~9 ~ry qox Allen 44 Arbor Crest Dr 30 Sam Atherton 56 Arbor Crest Dr Violet Du~harme 76 Arbor Crest Dr 32 A. nn G. SayIor 78 Arbor Crest Dr 84 Arbor Crest Dr ~4 Juanita Boliek ,90 Arbor Crest Dr 94 Arbor Crest Dr 3~ M. Eileen Knick 106 Arbor C~t Dr 5; Katherine T. Nowlen 40 41 42 43 _ 4% . 49-- - ~6 57 60 _ ~7.. M,. 73 .... 74... 75.. 78. 7Z .... 7~. 2 .. , 12 . . 2,. 3 · 13 . 3... 4 .... 14 . . 4... $., ~5 5 6 18 , , 6.. 7. . 17 · 7 .. 10 20 lO. _ 12.- 13 14. 15, I? I~. Pgone: 8047296-318~ ., F~: 804-2965~26¢ ¢ ~ O~m~ons: 804-29~2~1~ rVoiae~& TDD) -'~ ' 104X:e place ys¢one · Ch~louesvfl!e, VA Oc~obe~&9, 1995 Mr.¢Robe~ Tuc~ ~bem~ Co~ty E xeeuti~e: '- , ~ ~ Co~ ~fAlbem~le, 4¢1, Mclmke~Ro~d~ Ch~lo~esyill~?Yitgi~a ~2290124596,, ~ ' De~ ~. Tu~er, .: / .... ~ough we h~ve not completed the a~t of ~,fisc~,~e~ endmg it hasten ~ome time S~e~0~ l~t report tqy~. Th~ a~c~a: to b,ng yod up-~d~e M~ stafistm~ [ff0~afip~ w~ch ~s com~let~ ~bugh .~b/embef 30,1995: T~e fin~i~ proj~t[on is ~ estimate b~s~d on,i~afion ~v~hble t0 us at J. · is_ ___ ._ ~t~ ~ may ~adjusted as a reset ~ ~t findings ~4,fiml I~o~d be~,, to ~s~ ;> qpemo~ y~ may ~ve reg~ pmv ~ s repo~. I:~olo~ze f~r ~e, de!gY ~ge~flg ~S~cerel~ -. ACting D~or :-. ,, - - c ~ ', - ., _ - Nm~n~ ,Commun~:Transzt System Albemarle Quarterly Report Period Ending September 30, 1995 Passenger Service Service Category Trips Hours ADULT DAY CARE 3,632 1.633 MISCELLANEOUS 9,310 4.490 MEDICAL 11,625 5 717 WORK 7,967 2 952 YELLOW TP, ANS 2,281 ~68 COMMUTER ROUTE 1,627 769 Total Albemarle Public 36,442 16,529 AGENCY 25,233 10.207 JOB STAR 6,066 3 112 JOBSTAR YELLOW TRANS 159 66 Total Albemarle 67,900 29,914 Albemarle public service and commuter hours combined are approximately 22% under 1995 projections. The total estimated surplus is approximately $62,259. However, this is subject to final audit adjustments and based on financial information available through August 31, 1995. Acme Tel: 804-823-435l Fax: 804-823-1625 Design Technology, Co. 1000 AJlv~ew Drive. Crozet, VA 22932 October 18, 1995 Ms. Ella W. Carey Clerk of Board of Supervisors COUNTY OF ALBEi'dARLE 401 Mclndre Road Charlottesville, VA 22902 Dear Ms. Carey: The following is Acme Design Technology, Co.'s September 1995 operating results: Sales at Marketing: Our September bookings were under our plan. Note the following charts for the detail performance co plan and last year. SEPTEMBER 1995 BOOKINGS Products Plan Actnai Variance DataVue $ 6,000 $ 3,903 ($ 2,097) (35.0%) Visible Steel $ 70,000 $ 53,186 ($ 16,814) (24.0%) Product Service $ 100,000 $ 99,8239 {$ 161) (0.2%) Storage Products $ 750,000 $503,458 ($246,542) (32.9%) Freight/lqiscellaneous $ 40,000 $ 50,727 $ 10,727 26.8% O£M $ 200,000 $ 94,549 ($105,451) (52.7%) Totals $1,166,000 $80S,662 ($360,338) (30.9%) SEPTElqBER ! 99S BOOKINGS YEAR-TO-DATE Products Plan Actual Variance DataVue $ 53,000 $ 44,525 ($ 8,475) (16.0%) Visible Steel $ 640,000 $ 504,514 ($ 135,486) (21.2%) Pmduc~Service $ 435,000 $ 405,622 ($ 29,378) (6.8%) Storage Products $3,6:30,000 $3,119,457 ($ 510,543) (14.1%) Freight/Miscellaneous $ 185,000 $ 189,862 $ 4,862 2.6% OEIq $1,575,000 $ 794,644 ($ 780,356) (49.6%) Totals $6,518,000 $S,058,624 ($1,459,376) (22.4%) NINE HONTH$ 94 VS. NINE ivIONTHS 95 (BOOKINGS) Products 9 ilo. 94 9 l~lo. 95 Variance DataVue $ 47,465 $ 44,525 ($ 2,940) (6.2%) Visible Steel $ 532,172 $ 504,514 ($ 27,658) (5.2%) Product Service $ 356,206 $ 405,622 $ 49,416 13.9% Storage Products $2,764,198 $3,119,457 $555,259 12.9% FreightJIqiscellaneous $ 157,171 $ 189,862 $ 32,691 20.8% OEM $1,073,632 $ 794,644 ($278,988) (26.0%) Totals $%930,844 $5,058,624 $121,780 2.6% STORAGE PRODUCTS MONTHLY QUOTE LOG SUMMARY SEPTEHBER 1995 ENDING Total Outstanding Quotes Dated 9/30/95 Total Budgetary Total Quotes Won Total Quotes Lost Remaining Quotes Outstanding Orders Received Not Quoted by Acme/Cmzet Amount Dollar Value 281 $ 4,699, 103 15 $1~154~317 31 $ 363~836 32 $1,201,698 215 $3,133~569 59 $ 74,980 OUTSTANDING QUOTES - PENDING CLOSING DATE 0-30 31-60 61-90 $720,000 $1,480,000 $933,570 Our OEN business again has been our major disappointment. I still believe we have the potential of removing a major portion of our shortfall by year end. Engineering ~ Oualitv: Engineering load remains high; again, this is a function of the business we are going after. We are looking for and want the custom products, plus we attempt ~o give better delivery than our competitors. Our field quality remains very high. I believe our factory quality has slipped as I see many more parts in the trash bin that were reiected. Some is due to new people, the balance is mistakes by our seasoned employees. We continue to discuss and look hard at ISO-9000 certification. OE~: We continue to quote new accounts. Just today, I had a discussion with PSSI which was our largest OEM account last year. I do not see this business picking up this year with all the changes in the industry. A new account by the name of Cougar has placed their first order for 500 pieces of an accessory for their shredders. The project requires powder paint also. We are quoting additional items for this customer. Hill Phoenix/Excellence has asked us to quote on an additional 200+ part numbers. We will end the year close to our forecasted bookings on OEM. Financials: Our over-90-day accounts increased in September: Days: O-30 31-60 $/o $916,003 $137,882 $100,898 64.7% 9.7% 7.1% 61-90 91-999 Total $261,835 $1,416i617 18.5% 100% Note Attachment A for complete details of the major over-90-day accounts. Headcount: The followin~ is a summary of our headcount by quarter: QUARTERLY HEADCOUNT 1 st Orr._ 2nd _Orr. _3rd Orr. Full Time Salaried 35 35 37 Pan Time Salaried 0 0 0 Temporary Salaried 0 0 I Full Time Hourly 60 59 58 Part Time Hourly I 3 Temporary Hourly 8 6 1 Totals: 104 103 111 As you can see, our work load is increasing in the factory and our quote activity is very high in the office. We are in the process of starting a second shift in the punch and break areas. Sincerely, DESIGN TECHNOLOGY, CO. lhomas D. Haig President ahd Enclosures ATTACHlqENT A September 30~ 1995 1. Absolute Filing Solutions 2. Acme Office Systems 3. Alpha Systems 4. Chapel Hill Dermatology $. Commercial Products Company 6. Convert-A-File 7. Hagiazo-Systematic Storage 8. Island Filing Systems 9. LFI Associates 10. I,,lurphy I"ledical Center 11. New England Visible 12. Osborne Office Systems 13. Queens Hospital Center 14, Safe Business Systems 15. Star Production Services 16. Weissman-Heller, Inc. Sub Total: Grand Total: $18,228 $23,901 $10,520 $ 4,783 $21,352 $ 3,492 $64,239 $ 6,287 $ 5,3.53 $ 6,177 $ 5,505 $29,891 $1~656 $ L249 $ 9,305 $ 8,100 $239,038 $261,835 Former master distributor. Will get this down this year. Slow pay at this time. Turned over to collection agency. Have personal guarantee. Slow pay. Has been turned over to a collection agency. Suit in process. Have received payment. Judgment issued for Acme. Earning 10% interest. Slow pay at this time. Slow pay. Turned over to collection. Will pay; slow. $1000/month plus commissions. Will work out. We have picked up product from this account that has not been credited as yet. Will not cover total due Acme. Will pay; slow. Ordered wrong system. Should be current shortly. ]udgmen~ issued for $16,000. Slow pay. 91.3% 100% ACME D~.SIGN TECHNOLOGY, CO. COMPLIANCE CERTIFICATE Pursuant to the Security Agreement dated as of January 28, 1993, and as ~mended as of August 19, 1994 (the '!Agreement") between ACME DESIGN TECI-INOLOGY, CO., (the "Company") and NATIONSBANK OF VIRGI]qIA, N,A_, the undersigned officer of the Company hereby cer~6es as follows: The Company is in compliance with all terns, covenants, and conditions o£ the Agreement that are binding upon the Company. Compliance with the ~nancial covenants as of the statement dated Se,Rtember 30, 7995 is outllnedbelow: (a) ~uick Ra~io. Maintain a ratio of (i) cash plus accounts receivable to (ii) Current Liabiliiie~ of not less than 1.0 to 1.0 as o£the end of the Fiscal Month endl-g July 31, 1994, and at all t~mes thereafSer. Cash $ 8~ , 755 Accounts Receivable + ./,2~5,747 Total $ ~,347,502, Current Liabilities $. ~1/i 87 , 99~1 Ratio: (b) .Current Rat/o. M~int~in a ratio of Current Assets to Current Liabilities of not less than 1.9 to 1.0 as o£the end of the Fiscal Month ending July 31, 1994, and at all 6mes thereafter. Current Assets Current Liabilities ~ 2~540~693 $ ~,~87,99~ Ratio: 2.14 Leverage Ratio. Maintuln a ratio of Senior Indebtedness to Adjusted Tangible Net Worth as of the last day of each Fiscal Quarter, of not more than the ratio set forth opposite such Fiscal Quarter. Fiscal Quarter Ending Ratio 9/30/94 3.25 to 1.0 12/31/94 3.25 to 1.0 3/31/95 3.00 to 1.0 6/30/95 9/30/95 12/31/95 3/31/96 and each Fiscal Quarter end thereafter Total Liabilities Subora~nated Debt Total 2.75 to 1.0 2.50 to 1.0 2.25 to 1.0 2.0 to 1.0 $2,313,527 525,000 ~788f521 NetWorth $ 658,7~5 Intangibles 77,874 SuberdinatedDebt + 525,000 Adj. ~ang. NetWorth $ ~,q7~,3~7 Ratio'. Debt.Service Ratio. Not permit its Debt Service Ratio for any period set forth below, ending on the last day of each Fiscal Quarter to be less than the ratio set forth opposite such period: Applicable Period 7/1/94 to 12/31/94 1/1/95 to 3/31/95 1/1/95 to 6/30~95 1/1/95 to 9~3O~95 1/1/95 to 12/31/95 111196 to 3/31/96 and each respective 6-Fiscal Month, 9-Fiscal Month, 12-17iscal Month and 3-Fiscal-Month Period thereafter beg~n~ g on the first day of the Fiscal Year and ending on the last day of each Fiscal Quarter l~a'do 1.0 to 1.0 1.0 to 1.0 1.15 to 1.0 1.30 to 1~0 1.30 to 1.0 Net Income $ 37,~ ,372 Depreciation & Amort. + 77,627 Other Noncash Charges + o Other Noncash Credits o Cash Flow ' $. 388., 939 CMLTD Cap. Lease Pymts Fixed Charges $ 20~933 +. 6,245 $ 208~78 I:{,atio: ~ . 87 (e) Capital Expenditures. Not make or permit any Subsidiary to make Consolidated Capital Expenditures at any t~me during the respective applicable periods set forth below, if the Consolidated Capital Expenditures would exceed the ~mount set forth opposite each such applicable period. Applicable period. 111194 - 12/31/94 and each calenda~ year thereafter ~mou~ $50,000 Applicable Period: ~/~/gs - 9/30/95 Net Fixed Assets at start of period: Net Fixed Assets at end of period: Depreciation changed during period: Capital Expenditures during period $. 371,205 -339~640 + 57,587 $ 26~022 Tangible Net Worth. Maintain a Tangible Net Worth as of September S0, 1994 and December 81, 1994, of not less than the amount set forth opposite such date. Date September 30, 1994 December31, 1994 Required Actual $199,000 $ ~99,042 $249,000 $ 254,960 The representations and warranties of the Company set forth in the Agreement and all representations and warranties which are cont~ed in any cerdRcate, document, or ~uancial or other statement furnished pursuant to or in connection with the Agreement a~e true and correct on and as of the date hereof with the same effect as ff made on the date hereof. The Borrowing Base (as defined in the Agreement) as of septenvoer 3o, ~ 995 calculated in accordance with the Agreement, is shown on the Schedule annexed hereto and the BorrowinE Base is equal to or exceeds to a§gregate principal amount of the Term Loan outstana{~ g to the Company pursuant to the Agreement. Thomas D. HaL1 ~e' President Dated: October ~7, 1995 ACME DESIGN TECHNOLOGY, CO. Schedule to Borrowing Base Certificate Computations are as of 9/30/95 COMPUTATION OF NET SECURITY VALUE OF INVENTORY INVENTORY (valued at lower of cost or FMV at FIFO) $ 949,697.3~ LESS: Inventory charged off or written down as unsaleable $( Other unqualified Inventory $( ELIGIBLE INVENTORY $. 949,697.31 .5O NET SECURITY VALUE.- INVENTORY $ 474,848.66 Acme Design Technology, Co. II. COMPUTATION OF NET SECURITY VALUE OF ACCOUNTS TOTAL ACCOUNTS LESS: Affiliate or Employee Accounts Accounts not Invoiced Accounts more than 90 days past due Disputed Accounts Insolvent Debtor Accounts Foreign Accounts Consignment Accounts Government Accounts Unshipped Accounts 'Other unqualified Accounts ELIGIBLE ACCOUNTS NET SECURITY VALUE - ACCOUNTS $ 1~416t6~7.27 $(. .) $( $¢ $¢ $( $( $( $( $(. $ ?,~55,~32.52 $ 866,349.39 .75 Acme Design Technology, Co. III. BORROWING BASE VALUE Net Security Value - Inventory Net Security Value - Accounts Total Net Security'Value 474,848.66 866,349.39 1,341~198.05 Ct [ o ~ oo~oo~ooooo~oooooo~o~ ~ 0 o ~oooo~oooooooooooo~o,~ COUNTY OF ALBEMARLE MEMORANDUM COUNTY OF ALBEMARLE EXECUTIVE TO: FROM: DATE: RE: Kevin C ox~.,~ Jo Higgin~ctor of Engineering & Public Works 24 October 1995 Questions Related to the New High School and Sustainable Design 1. It is my understanding that the County first approved a consultation fee of $40.000.00 and has now increased that sum by $235,000.00 for a total of $275,000.00. Am I correct? If so. why was it increased? Attachment A is the budget analysis for an~'cipeted expenditures in g5zg6 fiscalyear. This includes the design fee forflse New High $chool andthe Avon Street/Rf. 2O Connectar Road. The Education Pregram Design and Preliminary Sustainable Charrelte fee is $94.995 ~$49.995 + $45,000). The AlE. fee that is set forth in the contract with Rancorn Wildman Krause and Brezinski Architects for the design of the New High School and Connecter Road design tatal $1,028,052. (This includes $117,700 for the Connector Road design.) In orderto revise the scope of the work under RWKB's contract to include sustainable design, a change order will be required We have been nege§ating with Mr. Brezinski of RWKB to revise the scope of the design to include the research, evaluation, design development, and contract specification related to the sustaL'Table strategies. The initial proposal from RWKB, which includes McDonough and Associates as a subconsuitant, was for a total of $419.000. (This included the $45,000 for the Charrette.) Subsequently, the tasks involved have been discussed and clarb?ed. Mr. Brezinski's proposal was revised to $397,000, then to $349,000, then to$310,124, The most recent revised proposal is for $299,Sg4. This reduction is based upon the tasks having been more clearly defined and some tasks being eliminated in order to get the cost down. The negotiations as of this date are not completed. 2. The consultant's contract is currently being negotiated. Does that mean that the fee might be more? Less? Approximately I~ow much money from fiscal years 94-95 and 95-96 is going to be spent for consultants fees on this project? See response to question one above. 3. Will the public and the BOS have the opportunity to review the contract before it is signed? The contract with RWKB has been signed subsequent to being included on the School Board consent agenda in the Octobers mee~ng. Con~racts (and change orders) are reviewed by the County Attorney as to form, the Director of Finance certifies the funds, and they are signed by the Purchasing Agent. 4. Can the contract be signed if the resolution has bee~ passed but the money hasn't been aopropdated? In general, money is appropriated by a Board of Supervisors' resolution. A contract will not be approved by the Director of Finance unless the funds can be certified (signities that funds are available). In this case there are funds appropriated in the New High School account (See Attachment A) that total $2,437,000. An additional appropriation will be made prior to the change order being approved. 5. What is the County going to get from the consultant for this initial payment? I am not sure what you are referring to by saying "initial payment". As explanation, the Educational Program Design has been ongoing over the past months/summer. There is a Learning Specification Design Team (LSD'F) working with the Architectural consultant. There have been numerous meetings since June 23 that include a wide variety ofrepresentation, i.e., principals, teachers, staff, and public. Specific user groups have also been involved. The user groups include representatives from departments within the existing high schools such as PE, science, English, math, music, students, and support sta~-. Parks and Recreation staff have also been included due to the New High School being a Community Facility.' I have attached (Attachment B) the draft document that has resulted from this effort. This process is not yet complete. The sustainable design Charrette was to integrate the education program with the sustainable architectural elements. There are two schematic designs that resulted from the Charrette that is currently under consideration. These were presented to the joint School Board and Board of Supervisors on October 4. The most recent meefing of the LSD T was October 23. They were also presented to the School Board on October 23. The schematic designs were discussed at that time. 6. When will the money be appropriated and from where? If you are referring to the $2Mifiion addib'ona/ funding, it is in two parts. With respect to design money, funds for the design of the High Schea/ and purchase of a site were included in the funds appropriated for fiscal year gS.g6 (7/1/95). The reappropriated funds ~shown on Attachment A as approximately $35,000) with the new appropriation ($2,400,000) totaled $2,437, 1145. Based upon the budget analysis, IF the additional fee for the sustainable design is $300,000 - the additional appropriation needed will be $135,000. (This is reduced from the $235,000 originally identified.) With respect to construction money, funds for the construction of the High School are to be appropdated in fiscal year g6-g7. The balance of the $2 Million would be added to the construction budget, With $135,000 appropriated now, the $1,865, 000 would be appropriated next spring when the BOS takes action on the ClP. 7. Just exactly .who asked The Thomas Jefferson Sustainabil~ Council to participate in the Challenge? A~achment C is the information regardingthe ETLC. I am providing a copy of your questions and my response to Mr. David Bowerman. He may be better able to address your concerns regarding this issue. 8. Is this school going to be part of The Environmental Technology Leadership Challenge? Based upon the recent BOS and School ~oard action, this project would be "spotlighted" for the ETLC. 9. If it is, when was this decision made and by whom? The BOS adopted a resolution that accepted the challenge to spotlight this project on October 4. 10. Who are the other members of the ETLC coal~on? In particular who are the "technology providers'? The information provided herein may provide some background on this. The "technology providers" may be anyone who networks the information and indus~y that is interested in this effort. 11, How does being part of the challenge benefit the County?. There is no GUARANTEE that being part of the challenge will benefit the County. By spotiighb'ng this project as part of the ETLC, ~t does ENHANCE the potential for industry to become actively involved in this specific project. This could range from just attracting more competition due to the national recognition to providing specific research on products being developed that should be considered as part of the sustainable strategy evaluation. Regardless, the goal of the ETLC is related to sustainable development and a school is.lust one type of facility, it has been proven that in industry there is increased productivity in buildings where the architecture inciude~ "daylighting". IF the educational program parallels what has been proved in industry, there is significant potential for students being more productive. 12. How does County involvement benefit the ETLC? l addressed this above. The purpose of the Cha//enge is to showcase facifities to set the example for others to follow There is a sheet included in the ETLC information regarding benefits. 13. ffthis is "state oft~e shelf" technology, why can't the consultant prepare some type of cost-benefit analysis now at his expense? While the sbategles proposed may be individually considered "state of the shelF, the analysis and evaluation invotved in the combinatJon ofthe skategies being applied to a 180, O00sf building is very, very, complex. This involves computer modeling based upon the three~dimensional volume of the building with many variables. My response to a second interpretation of your question is that consultants are part of the professional community and they are paid for their services. 14. Since the school is going to be a showcase of "state of the shelF' technologies, are any manufacturers willing to donate the equipment in exchange for the publicity their products will receive? If so. what are the details of their participation? As I stated in the previous response, there is no guarantee that this project will beneF~: from donated equipment or materials. At the same time, the publicity MAY stimulate competition at the time the project is bid. IF any manufacturer indicates an interest to donate equipment or materials, the items would be donated to [he County/School and the project bid documents would identify Items that are "owner provided" that would be incorporated into the project. 15. Who is the school going to be showcased to? V~qll there be tours? Is so, when and who is going to conduct them? V~rd:h respect to the ETLC, there is a schedule in the package provided herein. For this specific project, I expect that this school will be "showcasecr' for the students as part of their learning program. It would be showcased to the public as par/ofthe commun#yfacility that it is. In addition, typically a significant number of other school systems would potentially want to tour the building. (Several members of the LSD T visited a new high school in Mary/and to get a feel for features of that facility. This was videotaped also.). IF a raised floor system is included in the design, the manufacturer of the system would potentially visit the bu#ding with others interested in a similar system. On October 20,/~ve of us ( Building Services staff, myself, and archItect) visited a buik~mg in Roanoke with a raised floor system. At this point, it is premature to anticipate what kind of tours would take place. 16. What are the architects fees and how do they compare to the fees paid for Sutherland? The fee basis was stated above. The portion related to the School was $910,362 (with road design it is $1,025,062) forthe $24 Mifiion projecL Comparativeiy, the architectural fee for Sutherland Midd/e School was $42g, 000 for the $7.2 Million projecL 17. How will those who ~issue and accept the Challenge be showcased in a national celebration"? It is my understanding that a local event could be coordinated and timed with the national event. 'Fo my knowledge, this has not been planned as yet. 18. What local materials will be used? Why?. The design is in the preliminary stage. As ye~, specific materials have not been evaluated for incorporation into the project bid specifica[fons. I cannot say what local materials will be used. In any event, the materials specified must be in conformance with procurement requirements. 19. Have these technologies been used in areas with very similar climates as Albemarle County? In High Schools? Yes. these strategies have been used in sim#ar climates. I am nat aware of any high schools. 20. Why is there a need for C02 monitors and other air quality monitors? C02 monitors a#ow for ac~usbhg the fresh air volume based upon occupancy. This is important to minimize the amount of air that must be conditioned~ therefore, it effects energy consumption. 21. Why are there operable windows in a high school? We currently have operable windows in the Albemarle County school buildings. The occupants usua#y want to open the windows when the conditions outside are pleasant. 22. Will students be able to open them and climb out? This has not been a problem. 23. How will this design control natural allergens such as pollen and chalk dust?. 24. How woulri the venti[aQon system cope with a spill of a toxic volatile substance in a science lab? Both these issues will be addressed in the design development with respect to air quality and code requirements. 25. Why is underground irrigation being recommended along with xeriscaping? These strategies are not "recommended" as yet. They will be evaluated in the design development. 26. Why isn't the grey water being used to flush the toilets? The re-use of grey water will be evaluated in the design development. Although this may seem like a reasonable idea, the water system would be contaminated if backflow (preventers) valves were not used. 27, Do any County schools currently have irrigation systems? If so, are they ddp systems? Western Albemarle and Albemarle High School have irrigated fields. Building Services also has a portable irrigation system. In addition, the playfields at Darden Towe park are irrigated. With the level of use as a community facility, ithas become a significant issue. W'rth joint use of field for PE and community use, the fields that are irrigated can be maintained. (I am not sure what a ddp system is.) 28. How do you know that this is going to cost 2 million dollars? The $2 Million is based upon adding lO percent to the construction cost of $17Miifian (building) and the related design fees. The square footage coet of school construction is based upon similar projects. The $17 Millian is for ~ 80,000 square feet at $80 per square foot and $15 per square foot for site work and stadium. The additional I O percent is the budget that we must design to. 29. Howwas Professor McDonough cfiosen as a consultant?. _Was there a competitive bid process? Hiring of a consultant services fall under the competitive negotiation regulations. The consultant firm of Rancorn Wildman Krause and Brezinski Architects responded to an RIP for the high school projects. They were interviewed by the selection committee and received the highest ranking for this project. The selection committee was composed of School Board members and this was open fo the public. RWKB proposed McDonough & Associates as a subconsuitant to provide the specialized consuitanting for the sustainable design. 30. Have any other consultants in this tield been contacted? if so, who are the,/and who contacted them? McDonough & Associates has the expertise to provide the services to RWKB for this project. The firm is close proximity to the project and is nationally recognized. Other consultants are not under consideration at this time. 31. Please give me a concrete definition of sustainability as it applies to this project. I have included a glossary (Attachment D) of terms for sustainability. 32. What facilities will be included in this school? i have attached (Attachment B ) which outlines the'education space facilities to be included in this school IF you are referring to sustainable features that will be evaluated as pa~t of the design development. 33. Which school districts will send students to this new high school? This has yet to be decided, it has been assumed at the time the site selecb'on was considered that this school would serve the Southern and Eastern portions of the County. A county wide redistn'cting may be anticipated over the next two years. ADDITIONAL QUESTION: You asked about public meetings on the sustainable design. Attachment E is the Press P,elease describing the public meeting at PVCC, Charrette, and night meeting at Walton. I appreciate the opportunity to respond because your concerns are important, hope I have adequately addressed each que~on. Please review this information and if more issues come to mind, I would be glad to discuss any additional concerns you may have. I look forward to hearing from you! JH/ss Attachments Copy: Greg Brezinski, Al P, easer. Kevin Costner, Frank Morgan. Rick Huff, Bob Tucker: David Bowerman Albemarle County High School Ch~iottesvilIe · Xrm~n/a Space Program and Preliminary Concepts Rancom Wildman Krause Brezinski Hammel Green and Abrahamson. Inc. 5 September [995 1120 CONNECTICUT AVENUE. NW SUITE 9O0 WASHINGTON. D.C. 20036 (202) 857-0166 FAX (202) 857-0162 E XWlRONMENTAL TECHNOLOGY LEADERSrlrP CHALLENGE: BUILDING SUSTAINABLE COMMUNITIES THROUGH "BETTER, FASTER, CHEAPER, SAFER" TECHNOLOGY A PROJECT OF THE NATIONAL FISH AND WH~DLI~'E t~OUI~DATION The National Fish and Wildlife Foundation and a multi-partner coalition of environmental leaders is launching a project that wilt promote the use of innovative environmental technologies, and thereby build sustainable practices at the local level. This coalition of technology providers, potential users, environmental organizatiqns, local communities and academic institutions will publicly challenge the Nation's corporations and local communities to put %etter; faster, cheaper; safer'3 environmental technologies to use. The project will be launched in late Fall 1995. The Challenge is a grassroots, action-oriented National project that will foster leadership and environmental excellence by: Showcasing environmental technologies and leaders that are solving the nation's pollution problems "better, faster, cheaper and safer"; Demonstrating how environmental protection, cost-savings and jobs go hand-in-hand; and Creating networks of partners that will use environmental technologies to renew our cities, improve our industries, and drive economic and c0mpetitive advantage: The objective is to have at least 50 corporations and communities take the Challenge within the two-year project period. The Challenge will be publicly launched and then promoted at a series of 5 Regional Koundtables. After using the technologies, the partnership of provider and user will cooperatively assess how the technology use created benefit, including environmental improvement and cost savings. This assessment will be evaluated by an independent committee of academic aud environmental leaders, and the "success story" results will be issued in a report and series of promotional activities. Those who issue and accept the Challenge will be showcased in a national celebration as leaders in sustainable environmental technology. The Challenge Builds on Key Environmental/Economic Initiatives This grassroots, bipartisan response to the Clinton/Gore Administration's National Environmental Technology Strategy will bring together America's leaders to illustrafe the promise of environmental technology as a common sense, cost-effective, environment-fiSendly solution. The Challenge will help show how the principles behind the National Environmental Technology Strategy, the Empowerrnent Zone/Enterprise Community program, and regulatory reinvention are being p~inted on recycled paper C~~ ENVIRONMENTAL TECI~OLOGY LEADERS¥11P CHALLENGE: FOUNDING LEADERS · · American Association of Community Colleges American Standard, Inc. Border Environmental Commerce Alliance Church 8: Dwight Co., Inc, City of Baltimore Development Corporation City of Chattanooga, Tennessee City of Chula Vista, California City of Orlando, Florida City of Portland, Oregon City of Pittsburgh, Pennsylvania Concordia University Claes Nobel Institute for Environmental Technologies Earth Day Network Global Environment & Technology Foundation Harmony Project, Charleston, South Carolina INFOKM, Inc. Institute for Sustainable Technology National Fish and W'fldlife Foundation Oregon Department of Energy Oregon En-eironmental Technolo~ Association Princeton University Center for Energy and Environmental Studies Kenew America Kocky Mountain Institute S~few-Kleen Corp. Sustainable Systems Incorporated The Trane Company University of Michigan Corporate Environmental Management Program Xr~rg~nia Sustahmbility Coundl (Charlottesv~le and six V'uginia Counties) Wastewater Resources Incorporated v~r~liam McDonough, Dean of University of V'n'gh~ School of Architecture For more ixfformation, contact Krishna Roy at the National Fish and W~dlffe Foundation: 202/857-0166. Ken Browxt and Matt Ward at Spiegel & McDiarmid (the Challenge Project Manager): 202/879-4000. ~ENVIRONMENTAL TECHNOLOGY LEADERSHIP CHALLENGE A Project of the National Fish and Wildlife Foundation CIJALLENGE GAME PLAN / TIME LINE Preparation for Challenge Launch: Challenge Launch: Recruitment of Challenge Takers: Other Media Events / Kegional Koundtables: Evaluation of Success Stories: Interim Report & Promotion of Success Stories: Final Report on Success Stories: Promotion of Success Stories: Now - Late 1995 Late 1995/Early 1996 Late 1995 - Summer 1996 Sanuary - December, 1996 April, 1996- March, 1997 August, 1996 Marck, 1997 April-$une, 1997 ltOW TO TAKE ~ CItALLENGE: 'qTaking the Challenge" means that an organization will (1) put specific environmental technologies to use, or join in a Challenge technology project; (2) after a period of use, assess the value created by the technology use, including pollution prevented, energy saved, costs saved and jobs created; (3) submit the assessment to the Challenge Evaluation Committee for verificatiOn; and (4) participate in the celebration and promotion GLOSSARY ACTIVE SOLAR HEATING - A space heating system in which heat from the sun is absorbed by collectors and transferred by pumps or fans to a storage unit for later use or to the house interior directly. Controls regulating the operation are needed. ACTIVE SOLAR WATER HEATER - A water heating system in which heat from the sun is absorbed by collectors and transferred by pumps to a storage unit. The heated fluid in the storage unit conveys its heat to the domestic hot water of the house through a heat exchanger. Controls regulating the operation are needed. AGRICULTURAL BY-PRODUCTS - Products developed in agriculture that ara not the pdmary goal of the agricultural activity, Some of these are being used as building materials. An example is straw used to make wa~l panels, or as bales in a technique called strew bale construction. AGRICULTURAL FIBER - Agricultural fibers (i.e., cotton) are being introduced for use as insulation materials. ASBESTOS - A mineral fiber that had been commonly used in many building construction materials for insulation and as a fire-retardant. Invisible fibers of asbestus can be inhaled and have been connected to lung diseases and cancer. BORATE-TREATED WOOD - Borate is a mineral product dedved from borax. Treating wood with borates has been done in New Zealand and Australia for many years (for insect and moisture protection). Commercial applicebility is being researched in the U,S. with a major effort geared toward preventing the borates from leaching out in the presence of moisture, Borates ara commomy used to treat cellulose insulation. BUILT ENVIRONMENT ~ All human-built structures. In the GREEN BUILDER PROGRAIV,, the built'environment pertains to single-family homes only. CARBON DIOXIDE (CO2) - A colorless, odorless incombustible gas that is considered to be a major contributor to g~obal warming. It is a by-product of a combustion process. CARBON MONOXIDE (CO) - A colorless, odorless gas rasulting from incomplete combustion. Gas stoves, fireplaces, kerosene appliances tobacco smoke, and automobile exhaust ara potential sources, Proper ventilation is important to prevent negative health effects such as fatigue, dizziness and nausea. CARCINOGENS - Any substance which is considered to cause cancer. Various chemicals, airborne asbestos and fiberglass, some electromagnetic fields, and environmental tobacco smoke are under study based on this concern. CELLULOSE - The fibrous part of plants used in making paper and textiles, which in turn may be made into building products. CELLULOSE INSULATION WITH BORATES - Cellulose insulation made form recycled newspaper traated with borates to provide fire and vermin protection. Most cellulese insulation available now uses chemical Era retardants as opposed to natural borates. (Environmentally- sensitive persons are commonly warned to avoid cellulose insulation. The ink in the newspaper may cause'allergic raactions.) CEMENTIT~OUS - Having the properties of cement. Cement is the pdmary binding agent in concrete. CEMENTITIOUS FOAM INSULATION - A magnesium oxide-based material b~own with air to create an inert, effective insulation. It may be especially helpful for people with chemical sensitivities. It requiras certified installers. CERTIFIED SUSTAINABLE MANAGED - Some certifying organizations have been established that oversee the harvesting of wood for lumber. The underlying guideline is preservation of a diverse forest that exhibits the same ecological characteristics as a healthy natural forest. There are few wood products presently being certified. CFC/HCFC - Chlorofiuorocarbon (CFC) and hydrogen chlorofluorecarbon (HCFC) are considered major contributors lo the destruction of the Earth's ozone layer. HCFC is 1/20th as potent as CFC in its ozone-destroying capacity. Any amount of additional threat to the ozone layer can be dangerous; due to the long term potency of CFC's. The currant ozone damage ~s generally attributed to CFCs released 10 to 15 years ago. Twenty percent of ozone damage ~s caused by CFCs in insulation. CLEAN AIR ACT - Passed in 1970, The Clean Air Act mandate's measures designed to appreciably improve and protect air quality in the U.S. Enforced by the Environmental Protection Agency. The Clean Air Act has significantly improved the quality of air in many U.S. cities and the respiratory hea~th of their inhabitants. CLEAR-CU'I-rlNG - A method of harvesting fimber from a forest by cuffing every tree over a large area, This often causes damage to the forest ecosystem due to erosion of the topsoil, destruction of habitat, loss of wildlife and necessary microbial organisms. Clear-cuffing is also used in many cases to convert forest into agricultural land but not only is this devastating to the surrounding ecosystems, it usually leads to severe depletion of soil nuthents and loss of crop productivity. Careful dear-cutting of certain small tracts of forest in a patchwork fashion can, however, be used effectively as a harvesting or restoration technique without serious or prolonged damage to the forest. CLOSED LOOP - Describes an industrial concept which incorporates and accounts for every element used in a product or process. For example, the DesignTex fabric ingredients are grown organically, harvested and then woven to be used as fabdc. When the fabric's useful life is over, it can be cemposted, whereby it returns to its original organic state and can again act as food for plants~ COMPOSTABLE - The ability of a material or product to be used as compost, Refers to any organic substance which can be returned to the soil and biodegrade without any harmful effects. COMPOST-CONNECTED DISPOSAL - A disposal that gdnds food waste into a container where it is separated from the water rather thaw flowing into the wastewater system. The contained food waste can then be compceted. COMPOSTING TOILET - Several cemrnercial composting toilets are available that effectively compost human waste. The process requires no water and does'not create a health or odor problem when the toilet is properly installed. COMPOST SYSTEM - A compost system converts organic waste (food, plant material) into a rich fertilizer. Several commercial models are available that prevent odors and thwart animals. CONSUMABLES - Products of consumption. These are products which are purchased to be consumed (converted by chemical reaction into energy or desire by-products), such as washing powder or food, as outlined by Michael Braungart and Justus Engelfried. According to the chem'cal protocols of the Infalrgent Products System conceived by these two scientists, the products must be: biodegradable and/or abiotically degradable, non-bioaccumulative, non-carcinogenic, non-teratogenic, non-mutegenic and non-toxic to human beings in applied concentrations. COOL COMMUNITIES - The American Forestry Association (sponsors of Global Relief) has selected Austin te participate in the Coo1 Community Program. This program encourages energy conservation in urban areas with trees and light-cctored surfaces. Incentives may be available to participants. CRADLE-TO-CRADLE - The design concept attributed to William McDonough whereby waste is eliminated and efficiency optimized by using life-cycle analysis as a design tool. As opposed to the conventional "cradle-to-grave" approach, this concept dictates that after the useful life of a product is over, the product will either decompose completely as compost with no negative environmental impact, thereby becoming food for other organisms (organic nutrients), or become raw material for another industrial product (technical nutrients). CURRENT SOLAR INCOME - The only energy input into the ecosystem of the planet effectively providing all the energy required by natural systems~ is radiation from the sun. The total power received by the surface of our planet is staggering. By efficiently tapping these natural energy flows we can dramatically reduce combustion of fossil fuels and the resulting air and water pollution. DAYLIGHTING STRATEGIES - These are methods that use natural light to full advantage to minimize the need for artificial lighting during lhe day. For example: a clerestory is a daylighting strategy that allows natural light into a building interior through a raised section of roof with vertical glass. Shading of the glass allows light in while minimizing heat gain. Louvers on the exterior of vertical glass on a house can reflect natural light into the intedor without the excessive heat gain associated with harsh, direct sunlight. Horizontal light shelves. Located high on a wall with glass above (and possibly below) and projecting into the interior and typically to the exterior as well, are excellent devices for bouncing daylight deep into a room, DECIDUOUS - Trees and plants shed their leaves at the end of the growing season. DECLARATIONS OF INTERDEPENDENCE - A series of Declarations of being sponsored by William McDonough at the University of Virginia which recognize that our ability to pursue wealth, health, and happiness is dependent on other forms of life, that the rights of one species are linked to the rights of others and none should suffer remote tyranny. DEEP CHEMISTRY - The proprietary chemical formulas developed by various companies which are usually highly guarded. This information was researched, evaluated, and then used to select more appropriate as well as safe dyestuffs and finishes. DISHWASHER - The proper use of automatic dishwashers can save water compared to hand washing (up to 37%) and may also use less energy, depending on your style of hand washing. DOMESTIC HARDWOOD - Deciduous trees that grow in the United States. This is the only type of wood in the U.S. where on a general scale the regeneration (production of new trees) easily exceeds the removal rate, DOWNCYCLING - A term coined by William McDonough and Michael Braungart, which refem to the practica of recycling a material in such a way as to lose much of the inherent value of the material. For example, recycling plastic into park benches. DRIP IRRIGATION - Above-ground, Iow-pressure watering system with flexible tubing that releases small, steady amounts of water through emitters placed near individual plants. DYESTUFFS - The'dyes used to give textiles their color. The William McDonough Collection contains no dyestuffs which would negativeiy affect the environment, as certified by the EPEA in Germany. EARTH SHELTERED DESIGN - Design of houses that are partially or totally below ground, either as a result of digging into existing topography or filling over parts of the structure. Earth sheltered design uses the constant temperature of the soil to improve energy efficiency, and can be beneficial for use of hilly sites by decreasing maintenance and environmental impact. EARTH SUMMIT - A worldwide conferenca held in 1992 in Rio de Janeim, which more than 30,000 activists, government and non- government delegates, religious leaders and corporate CEOs attended. While this proved that participants from every country, culture, religion and nationality can come together over the issue of the environment, many significant issues were omitted due to the fact that all ~ssues had to be approved by all 172 countries. EARTH'S THERMAL ENERGY - A short distanca below the surfaca, the Earth maintains a mostly constant temperature reasonably close te the human comfort range. This can be used advantageously by cartain heating and cooling systems. The higher temperatures found in the Earth ara also used for producing electricity in some areas. ECOLOGICALLY INTELLIGENT DESIGN - A set of criteria and strategies for design developed by William McDonough based on the pioneering work of chemist and close working associata, Dr. Michael Braungart and embodied in the Intelligent Product System. ECOLOGY - Word Eom the Greek words oikos, "household' and Iogos, the roof of "logic." The term therefore refers to a discourse about the logic of our earth household or in other words the study of the ralationships, interdependent complexity or interaction of organisms and non-living components within natural systems. In addition, ecology involves the study of the relative health and viability of these natural systems in the fact of man's technological encroachment on the natural world. ECOSYSTEM - A d,eflnable group of organisms and non-living components, such as a~r. soil and water, which are distinct to a geogrephical area, biome or habitat. The member organisms of the ecosystem have a complex set of interactions including a cyclic exchange of nutrients whereby the waste of one organism is inevitable the food or raw materials from another resulting in an efficient web of life. EFFICIENT FIXTURES AND APPLIANCES - Fixtures and appliances that use the least amount of energy and water and accomplish tasks are considered efficient, ELECTROMAGNETIC FIELDS [EMFs) - Electric and magnetic fields ara common in nature and in all living things. Electdc power produces fields that have a possibta association with health risks. Continuing health risk evaluation is o(x;urdng, but avoiding excessive exposure to EMFs is recommended. Placing electdc meters and panels on walls of least occupied areas is a simple method to minirnize exposure to EMFs. EMBODIED ENERGY - This is the energy invested in bringing a product or material into existence. ENDOCRINE DISRUPTOR - A synthetic chemical compound that interferes with natural chemical messages (even at very iow exposure levels - i.e., parts per billion), that guide the development of living organisms including the human fetus. This interference can result in behavioral, reproductive, and immunological dysfunction. These compounds are found in medical, industrial and agrochemical products such as DES, PCB's and DDT. ENERGY EFFICIENT APPLIANCES - Energy Guide labels on appliances show energy efficiencies in dollar amounts and on a comparative basis; Refrigerators that are 20% or greater than federal standards are considered energy efficient by the GREEN BUILDER PROGRAM; The rankings are listed in the "Blue Clue Energy-Efficient Refrigerator and Freezer Directory' by Bonneville Power, which is available from ECSD. Front loading (horizontal axis) clothes washers are much more energy and water efficient than vertical axis machines (up to two- thirds better) and are considered energy efficient by the program. Appliance ratings are also published by the American Council for an Energy Efficient Economy and are available from ECSD. ENERGY EFFICIEi~IT GAS WATER HEATING - To select an energy efficient gas water heater for the GREEN BUILDER PROGRAM, firSt add up in gallons what the most demand for hot water could be in one hour. Then identiflj models that list a peak hour demand equal to or greater than your demand. This information is listed in the i'Gas Appliance Manufacturers Association's Consumer's Directory of Certified Efficiency Ratins for Residential Heating and Water Heating Equipment' available at the appliance supplier's locations or contact the ECSD Gas Efficiency Program. From the models that meet the peak hour demand, make a final selection (using the directory) from those models with a .60 or greater Edergy Factor and 80% or greater Recovery Efficiency. 3 ENERGY EFFICIE~IT LIGHTING - Motion sensors and photo switches activate the exterior lights only when needed. Energy efficient bulbs and reflectors reduce the energy when lit in exterior and interior locations. ENERGY STAR RATING - The City of Austin's Energy Star Program rates the energy efficiency of homes. A three-star home is the highest rating for energy effid~ency. The rating censidera shading, R-valves, colors, lighting and equipment efficiencies. Energy Star-rated homes all exceed energy ced~ requirements. ENERGY RECOVERY VENTILATOR (ERV) - Draws stale air from the house and transfers that heat or coolness in that air to the fresh air being pulled into the house. This can help reduce energy costs and dilute indoor pollutants ENVIRONMENTAL PROTECTION AGENCY (EPA) - The Environmental Protection Agency was established in 1970 to administrate U.S. environmental laws and regulations concerning the management of air and water pollution, pesticide use. municipal solid waste programs. hazardous waste disposal and clean-up, and nuclear and radioactive waste disposal, Upon its creation the activities of numerous federal agencies pertaining to environmental quality were consolidated. The EPA employs over 17,000 individuals nationwide and has 10 regional office locations. ENVIRONMENTAL PROTECTION ENCOURAGEMENT AGENCY (EPEA) - An independent environmental research institute in Hamburg, Germany. ENVIRONMENTAL RISK- The potential for negative impact to the earth and its natural systems as a result of energy inefficiency, ineffident use of natural resources, generation of waste unsafe disposal methods, and the needless use of toxic or hazardous materials. ENVIRONMENTALLY INTELLIGENT - A phrase coined by William McDonough referring to a product in which natural resources, energy and technology are used efficiently and appropriately in a manner which mimics natural systems and ensures that damage to the environment is avoided at every step of the manufacturing process, during use and after disposal, EXTERIOR GRADE PLYWOOD - Exterior grade plywood uses phenol formaldehyde (formaldehyde is a toxic substance) as an adhesive which outgasses ~n much smaller amounts compared to urea formaldehyde, which is used in intedor grade plywood and particle board, FERTILIZER - Any substance which is introduced into soil for the purpose of providing nutrients which plants need for growth. Fertilizers that are not organic can harm other organisms, though they may encourage plant growth. They also require large amounts of energy to manufacture. Use of fertilizers near bodies of watar is particularly damaging to water quality due to an overabundance of plant growth (weeds and algae) which depletes oxygen levels, reduces light penetration, and overtaxes natural filtering systems. FLYASH - The ash residue from high temperature combustion processes. Electric power plants using western coal. such as Austin's Fayette plant, produce a non-toxic flyash that can be a substitute for cement (the binding material in concrete). Municipal waste incinerators can produce a toxic tiyash which is not recommended as a component of any building material, FOOD - The nutrients or substances which an organism consumes in order to live and grow. For example, bacteria and earthworms in the soil can safely consume and gain nutrients from th~ fabrics included in The William McDonough Collection, making DesignTex's waste their food. FOOD CHAIN - The sequence or hierarchy m an ecosystem by which nutrients are exchanged by the various members of that biological community. FORMALDEHYDE - Formaldehyde is a colorless, pungent smelling material used as an adhering component of glues in many wood products. It can cause respiratory problems, cancer and chemical sensitivity. FOSSIL FUELS - The group of hydrocarbon fuels which have been ~)reduces from decomposed plant and animal life and stored for millions of years beneath the earth's crust, They supply the vast majority of energy we presently consume as a civilization. These fuels include coAL, oil, and natural gas which are classified as non-renewable energy sources since, one used. they cannot be replenished. GLOBAL WARMING - Refers to the expected gradual increase in the earths surface temperature due to human activity and, on a larger scale, the release of 'greenhouse" gasses which cause heat to be trapped inside the earth's atmosphere at a relatively higher rate. Even very small increases in the planet's surface temperature could have catastrophic effects including widespread flooding, desertification of arable lands and dramatic climate changes. GRAYWATER - Water that has been used for showering, clothes washing, and faucet uses. Kitchen sink and toilet water is.excluded. This water has excellent potential to be reused as irrigation for yards. GREEN FEE - Publicly created disincentives for businesses engaged in environmentally damaging practices or production. 4 GREENHOUSE EFFECT - Refers to the process whereby greenhouse gasses released into the atmosphere cause heat to be trapped inside the earth's atmosphere near the surface instead of escaping into outer space. Greenhouse gasses which are being released at rapidly increasing rates include carbon dioxide -- CO2 (from burning fossil fuels), methane (from agricultural activities), chlorofluorecarbons (refrigeration and manufacturing). GREEN PRODUCT - Manufactured goods which ara considered to be "environmentally friendly." Companies today often make claims about the environmental benefits of their products which are limited to only one aspect of its makeup. For example, many products ara marketed as 'green" by their manufacturer simply because they contain recycled materials or ara merely packaged in containers made form recycle materials. William McDonough suggests that in order to be environmentally sound, products must be redesigned from the basic constituents through the end of the process in closed loop cycles. GREEN SEAL - An organization in the U.S. which offers environmental certification programs, designed to let customers know which products are environmentally preferred. A manufacturer may submit a product to this independent third party organization for evaluation. Based on their peer-reviewed criteria for that product, Green Seal will examine manufacturing processes and facilities, test the product, and then certify it by allowing their seal to be affixed to the packaging and product literature. GROUND WATER CONTAMINATION - Harmful elements or chemicals can often seep into ground water reserves, creating hazards to those who depend on the water supply including people, wildlife and other organisms. The most common sources of groundwater contamination ara agricultural products including pesticides, seepage or leachate from landfills, hazardous waste disposal sites, leaking underground storage tanks, and improperly functioning or overloaded septic systems. GYPSUM/CELLULOSE - An interior wallboard product that uses cellulose from recycle newspapers with gypsum and perlite. HANNOVER PRINCIPLES - This document, wdtten by William McDonough for the World's Fair 2000, establishes the design principles for sustainability. In it, McDonough provides a primer on ecology for designers and anyone concemed about intelligent use of our natural resources. The Hannover Principles should oe seen as a living document committed to transformation and growth in the understanding of our interdependence with nature, in order that they may adapt as our knowledge of the world evolves. The principles are as follows: 1. insist on the rights of humanity and nature to coexist in a healthy, supportive, diverse and sustainable condition. 2. Recognize interdependence. The elements of human design interact with and depend upon the natural world, with broad and diverse implications at every scale, Expand design considerations to recognize even distant effects. 3. Respect relationships between spirit and matter. Consider all aspects of human settlement, including community, dwelling, industry and trade, in terms ofexisting and evolving connections between spiritual and material consciousness. 4. Accept responsibility for the consequences of design decisions upon human well being, the viability of natural systems, and their right to coexist. 5. Create safe objects of long-term value. Do not burden future generations with requirements for maintenance of vigilant administration of potential danger due to the careless creation of products, processes or standards. 6. Eliminate the concept of waste. Evaluate and optimize the full life-cycle of products and processes, to approach the state of natural systems, in which ther~ is no waste. 7. Rely on natural energy flows. Human designs should, like the living world, derive their creative forces from perpetual solar income. ~ncorporate this energy efficienfiy and safely for responsible use. 8. Understand the limitations of design. No human creation lasts forever and design does not solve all problems. Those who create and plan should practice humility in the face of nature. Treat nature as a model and mentor, not as an inconvenience to be evaded or controlled. 9. Seek constant improvement by the sharing knowledge. Encourage direct and open commumcation between colleagues, patrons, manufacturers and users to link long term sustainable considerations with ethical rasponsibilify, and re-establish the integral relationship between natural ~)rocasses and human activity. HARVEST RAINWATER - The rain that falls on a roof or yard and is channeled by gutters or channels to a storage tank (cistern). The first wash of water on a roof is usually discarded and the subsequent rainfall is captured for use if the system is being used for potable water. Good quality water is available by this method in most areas. HAZARDOUS WASTE - Discarded materials that pose an immediate or long-term threat to people or to the environment. Hazardous Wastes ara defined by the Environmental Protection Agency as substances which fall into fou~' categories including ignitability, corrosiveness, reactivity or toxici[y. Hazardous wastes may be products themselves er by-products of a manufacturing process and include substances such as volatile organic compounds (VOC's), chlorinated compounds from plastics, pesticides, and heavy metals, These materials must by law be carefully inventoried, subjected to special handling procedures, and disposed of in designated hazardous waste disposal sites. There are about 250.000 hazardous waste disposal sites in the United States. HEALTHY HOME - A "healthy home" is built with least-toxic building materials and is designed to support and contribute to a better indoor environment. HEAVY METALS - Substances such as mercury, lead, cadmium, nickel, chromium, zinc and other minerals mined from the earth, which are typically used in the manufacturing processes of thousands of products. Electroplated metals, paints, plastics, batteries, and countless everyday products contain or create these substances as by-products. Thirty-five heavy metals are known to pose threats to human health and most have already contaminated the food chain. HERBICIDE - A substance which is lethal to plant life. It is used to control "weeds" in lawns, to control unwanted plants which steal r~corishment from agricultural crops, to keep watenNays open, and to "clear" land for highways and other development. Different types of herbicides are categorized by the way they act upon ptant systems. Some inhibit normal living functions such as cell division or photosynthesis, and others use synthetic growth hormones to promote uncontrolled growth so that they plant cannot obtain the necessary nutrients to live. HIGH QUALITY DUCT SYSTEM - This method of designing and installing ductwork avoids potentially significant heating and cooling losses and potential health hazards caused by depressurizing or pressurizing a house. Manuals J and D calcoiations are used to engineer the system. All ducts are sealed using a fibretad latex mastic and fiberglass tape or metal tape meeting SMACNA standard 181. Both inner and outer linings of the duct are sealed. The air handier, support platform, and return plenum are sealed air tight at all joints. Duc! tape is not used in any part of the system. The system can be performance tested to ensure proper installation. INDIGENOUS STONE - Stone from the region. HYDROCARBONS - Materials released when fossil fuels are combusted which combine with other pollutants for form more dangerous secondary pollutants such as nitrous oxides, sulfur dioxide, and through a series of steps, acid rain. INDOOR AIR POLLUTION - Refers to the contamination of air contained in a building. Indoor air pollution arises from several sources: radioiogical indoor a~r pollution arises from gasses such as radon; chemical indoor air pollution can be linked to chemical solvents, adhesives and glues used during construction; and biological indoor pollutions, which arises when excessive humidity leads to the growth of harmful fungi and bacteria, Indoor air pollution is the primary contributor to "Sick Building Syndrome" and building related illnesses. INTELLIGENT PRODUCTS SYSTEM (IPS) - Refers to the research and ideas developed on waste management for the EPEA by German chemist Michael Breungart. His proposal is to divide all industrial products into three categories: Consumables or Products of Consumption, Service Products, and Unsaleable Products. KILOWATT-HOUR (KWH) - A measure of electdc usage equivalent to the use of 1,000 watts for one hour. KITCHEN RECYCLING CENTER - A built-in section of the kitchen cabinetry that allows convenient separation of recyclable materials. LEAD - A harmful environmental pollutant that is typical in older homes with lead-based paints and in the lead solder used in plumbing. Lead is toxic to many organs and can damage the brain, kidneys and nervous system. LEAST-TOXIC - This characterization of a building material for the GREEN BUILDER PROGRAM indicates that urea formaldehyde is not present and/or VOC contents are minimal (contract ECSD for standard) and/or water-based constituents are used. Products that have been certified to be "least-toxic' by certification groups such as Green Cross, Green Shield. and Eco-Logo (in Canada) qualify for the GREEN BUILDER PROGRAM. (These groups are new and have not certified many materials as of September 1992.) LIFE CYCLE - A life cycle assessment (LCA) is an objective process to evaluate all the environmental burdens of a product or process through its entire existence. This encompasses extracting and processing raw materials, manufacturing, transportation, distribution, use and maintenance, recycling and final disposal. LIFE CYCLE ASSESSMENT - A method for conduction an inventory of energy and raw materials used dudng the entire life of a product, assessing the products current impact on health and the environment, and analyzing possible improvements. MATERIAL SAFETY DATA SHEET IMSDSI - Under the Federal Employee Right-to Know ACt. all workers who may come in contract with a substance which is suspected to cause or currently causes serious health dsks must be informed through the public disclosure of information about the hazardous materials contained in the product, potential health risks associated with its exposure, suggested precautions in handling the materials and what to do in the event of over-expesure. This information must be put in the format known as a Material Safety Data Sheet or MSDS and cannot by law be withheld from anyone who may be exposed to a product containing hazardous materials. METHANE (CH4) - An odorless, colorless. Itammable gas that is a major constituent of natural gas. It is a more powerful global warming agent than carbon dioxide. MOISTURE RETENTION - The act of keeping or holding H20 molecules within a fiber or covering. The McDonough fabrics transport evaporated moisture from the surface of the skin via the ramie content, keeping seated workers cool, dry, and comfortable, 8 MUTAGENIC - Substances that are known to cause genetic defects, such as certain chemicals, pesticides, heavy metals, solvents and nuclear radiation. NATURAL LINOLEUM - Cork is the primary matedal in natural linoleum. Cork is from the bark of the cork tree and is harvested without destroying [he trees. NATURAL SYSTEMS - In the natural world organisms reproduce, grow. convert energy and nutrients into food, recycle dead organic matter, purify water, and perform a host of other valuable processes. By using these natural systems as a model for similar man-made systems, we can become for more efficient in our use of natural resources and energy, and create less environmental pollution, NEGAWATT - The concept, coined by Amory Lovins, which refers to marketing conservation strategies, rather than increasing energy production capacity, as a means of meeting increasing energy demands. This practice, often referred to as demand side management, has been adopted by many utilities as a means of better managing peak energy demand levels and reducing expensive capital investment. NITROGEN OXIDE (NO) - A colorless, poisonous gas, It is a by-product of gas combustion. NON-RENEWABLE ENERGY - The category of energy sources which includes energy from combustion of fossil fuels and nuclear power. These sources of energy when used are not replenished and are therefore not sustainable. Their use causes serious air, water, and land pollution, NUCLEAR WASTE - The radioactive by-preducts and contaminated materials produced in nuclear powered electdc generating facilities. There is no proven method for safely disposing of these wastes, some of which can be toxic for thousands of years. NUTRIENT - Raw materials or "food" for any organic or technical process which produces a more complex product such as carbohydrates, energy, living tissue, or manufactured products such as steel or glass. ORGANIC - A term often used to refer to cansumabie goods (often food} which have been preducad without the use of synthetic fertilizers, pesticides hormones or antibiotics. This method of producing food is also referred to as Organic Farming. ORGANIC NUTRIENT - Raw materials used by living organisms or ceils to carry on life processes such as growth, cell division, synthesis of carbohydrates and other complex functions. Organic nutrients ara usually carbon-based compounds. ORGANIC WASTE - Natural materials, such as food and yard waste, that decompose naturally. OSHA - Occupational Safety and Health Administration. A U.S. government agency based in Washington, DC which is responsible for the safety and health of the worker and the building-related environment. As a part of its duties. OSHA has established exposure limits for workers who must come in contract with hazardous or toxic substances. This legislation is known as SARA 313. OUTGAS - The emitting of fumes into the air. OZONE-DEPLETION - Erosion ora protective shield in our atmosphere located high in the stratosphere known asthe Ozone layer, This protective shield blocks the harmful ultraviolet radiation (UVB) from the sun. UVB radiation causes genetic damage in living organisms and it causes skin cancer and eye cataracts among humans. During the 1980's a "hole" in the ozone layer was discovered over the Antamticwith 50% raduction in ozone and resulting in a 20% increase in UVB radiation at the ground. Recently, a significant reduction of ozone has been measured over the Arctic and much of North America. The cause of this ozone depletion is believed to be a complex sedes of chemical reactions in our atmosphere whereby ozone is destroyed through reaction with chlorine molecules, Chlorine is released from a variety of chemicals into the atmosphere and over a period of many years it migrates to the stratosphere where the chemical reactions occur. PARTICULATE MATTER - Solid material that escapes from combustion processes Iflras). PASSIVE DESIGN - Building design and placement that allows the use of natural processes such as radiation, convection, absorption, and conduction to minimize energy costs. PASSIVE COOLING - The building's structure (or an element of it) is designed to permit increased ventilation and retention of coolness within the building components. The intention is to minimize or eliminate the need for mechanical means of cooling. PASSIVE HEATING - The building's structure [or an element of it) is designed to allow natural thermal energy flows such as radiation, construction and natural convection generated by the sun to provide heat. PASSIVE SOLAR WATER HEATER - A water heating system that does not require mechanical pumps or controls to create hot water for domestic use. There are several types available commercially. 7 PERLITE ~ A natural volcanic glass that expands with heat and transforms into fluffy i'orm that can be used for insulation purposes. PERVIOUS PAVING - Paving matedal that allows water to penetrate to the soil below. PESTICIDES - A substance which is designed to kill one or a number of unwanted orgamsms. We ara currently using about a pound of pesticides per year for. each person on earth, or a total of 2 million tons per year. Many of these chemicals migrate into groundwater reserves and soil, causing increasingly widespread contamination of the environment and the food chain. Often pesticides cause an imbalance in an ecosystem whereby a species is destroyed which previously held another species in check. That species then reproduces at an uncontrolled rate and becomes a new pest, PHOTOVOLTAIC - The process of converting sunlight directly into electricity, The electricity can be used immediately, stored in batteries, or sold to a utility. Costs continue to drop and efficiency is improving for this technology. Austin has favorable sun conditions for using photovotaics. POTABLE WATER - Drinkable water. PRESSURE-TREATED WOOD - Wood that is chemically preserved to prevent moisture decay. The precass uses environmentally dangerous chemicals and there can be health hazards from working with, or coming into contact with, the material. If pressure-treated wood is required for a residential application, CCA preserved wood is the better choice at this time. Follow all safety procedures when using this type of material, PROGRAMMABLE THERMOSTAT - A mechanical or electronic device that regulates the temperature setting and time of day operation of heating and cooling systems. The temperature and time of day settings arc determined by the user so that optimal efficiency can be attained while maintaining comfort levels as needed. PROPER VENTILATION - Combustion gases are vented completely to the outdoors. Combustion gases that escape into a living space can pose a health hazard. RADIANT BARRIER - A layer of metallic foil that reflects thermal radiation without transferring heat to other materials. RADON - A radioactive,-celoriess, odorless gas that occurs naturally in the earth. When trapped in buildings, concentrations build up, and it can cause health hazards such as lung cancer. Radon concentrations are rare ~n Austin. RAIN SENSOR - A simple, inexpensive device that measures rainfall and prevents unnecessa[y irrigation with an automatic controller. RAMIE -A plant similar to linen, native to the Philippines. Ramie is woven together with wood to produce this new enwronmentally sound product. RAMMED EARTH - A building technique for exterior walls where earth is "rammed" Ior pressed down) between forms. Certain mixtures of moistened earth used in this technique harden under prassura and forma strong solid wall which is then covered by a waterproofing coat. RECONSTITUTED - The process of taking small pieces of material and binding them together to form a larger item. Examples include wood chips that are adhered together to form substrates and/or structural components in trim, doors, windows, structural material, and sheet materials. Finger jointed and laminated materials ara other examples. RECYCLABLE - A term which applies to any product which can be recycled..While some products and materials may be theoretically recyclable, many are not recycled, due to high short-term costs and unmarketable resources, RECYCLED - A product which contains a percentage of reclaimed materials. In some cases the term recycled refers to manufacturer's internal waste by-product as opposed to outside post-consumer waste stream or other industrial waste: RECYCLED PLASTIC LUMBER - Recycled plastic made into lumber which is workable like lumber. There ara several manufacturers of this material (out of state). It is insect and water resistant. RECYCLED STOCK - This refers to that part or percentage of a material which is from reclaimed material, for example, paper having a 50% post consumer recycled content. This book uses 100% racycled, acid free paper and soy-based inks. RECYCLING VS. REDESIGN - While recycling is definitely beneficial to the environment, William McDonough argues that the first step must be the redesigning of industrial products. Products redesigned to product no emissions, to be more energy efficient, to be biodegradable or to be easily dismantled are more valuable than simply recycled products. After redesign, reduction, and rouse, recycling is the las~ step to reducing consumption and eliminating waste. RECYCLING - Creating raw materials for a new product from used and discarded products. Closed Loop Recycling refers to returning a used product back into a similar product, for example, aluminum cans back into more aluminum cans. Open Loop Recycling involves turning a matedal from one product or by-product into some other goods, for example, making plastic soda bottles into carpet. REDESIGN - The act of altedng the existing design of a product to improve it. McDonough has redesigned fabric to improve its environmental impact on the earth through increased efficiency in manufacturing, elimination of waste, and elimination of toxic materials. RENEWABLE ENERGY - Sources of energy which are not depleted when used. The pdmary source is solar energy ~ncluding direct solar energy, hydro-electric power, wind energy, and wave energy. RESOURCE DEPLETION - Unless the rate of growth or replenishment equals the rate of use, natural resources will eventually be depleted. Some experts have predicted, for example, that at the current rate of consumption, the supply of fossil fuels will be significantly depleted within 50 years. RUN-OFF - Water'from rainfall or irrigation that is allowed to flow off the property. Run-off can be thought of as a lost resource and a contributor to non-point source pollution. SAND BARRIER TERMITE PREVENTION - A shallow trench around the perimeter of the house foundation that is filled with sand. Termites cannot pass through the barder because their tunnels cave in. SERVICE PRODUCTS - One of three types of products of the Intelligent Products System developed by Dr. Michael Braungart. This categories of goods include all those which provide services, such as automobiles television sets, washing machines, etc. Under the Intelligent Products system, consumers could lease the product from the producer, or pay a refundable deposit on the purchase. After the product has served its function and has to be replaced or upgraded, the consumer returns it tothe producer who is responsible for disassembly, reuse or recycling. By giving products back to producers in a closed loop fashion, aided by a deposit-return system, incentives maximize manufacturing and resource efficiencies, and minimize expensive toxic waste. SICK BUILDING SYNDROME - The term for extremely poor environmental quality in a building, which causes widespread illnesses and chrenic health problems of the building occupants. The pnma~ cause of Sick Building Syndrome is poor indoor quality air SOAKER HOSE - Low-flow watering device with small holes throughout the surface of the hose. Good for plant beds and gardens. SOIL MOISTURE SENSOR - A device which can be attached to any automatic irrigation system that monitors the water available to plants and allows irrigation only when the soil moisture level drops below the desired level. SOLAR POWER - Energy from the sun which is the only source of energy constanfly being added to earth's planetary ecosystem. Fossil fuels represent a stored for of ancient solar energy ~nceme, it is estimated that currently only about 1% of our industrial energy needs are supplied directly from solar power. Unlike use of fossil fuels, use of solar energy creates no pollution and does not produce carbon dioxide, which is known to cause global warming. SOLID WASTE - Waste that is neither gaseous nor liquid. Includes all used products being sent to a landfill or bumed~, and therefore removed from a biological or technical material cycle. Examples include: munic~ple waste, paper, yard waste, metals, plastic, food, glass, wood, textiles, rubber, industrial hazardous waste, effluents from oil an¢ gas operations, mining waste, electrical utility waste, construction waste, kiln dust, and scrap metal. Through a product design encompassing the phase after use. waste can be avoided. SOURCE REDUCTION - A guiding pnnc~ple of sustainable design, aiming to decrease the amount of raw material used to manufacture consumer and industrial products. For example, using recycled paper, the number of trees which need to be harvested will decrease. SOY-BASED INK - A type of ink used in printing with an organically derived base. SLUDGE - The sediment extracted from wastewater. STRAW BALE TECHNIQUE - A building technique for exterior wails where straw (not hay) bales are stacked, reinforced and interlocked in a manner that forms a thick, highly insulated wall. This technique was used in early structures in the Plains region of the U.S. It is currently being revived here and in Europe. STRAW-MUD - This is an old building technique for exterior walls where earth material is mixed with straw, moistened and pressed between forms where it hardens into a strong wall. It is then covered with a waterproofing plaster system. SULPHUR DIOXIDE (SO2) - A colorless, irritating gas that is a primary cause of acid rain. It is a by-preduct of coal combustion. SUSTAINABILITY - The definition offered by the World Commission on Environment and Development is "meeting the needs of the present without compromising the ability of future generations to meet their own needs." Though there is much debate as to what the word actually suggests, this definition was stated solely from the human point of view. In order to embrace the idea of a global ecology with intrinsic value, the meaning 'must be expanded to allow all parts of nature to meet their own needs now and in the future. As such, the concept of sustainability intends to combine concern for the well-being of the planet with continued growth and human development. SUSTAINABLE DESIGN - The process of designing for sustainability, This requires awareness of the full short and long-term consequences of any transformation of the environment. Sustainable design is the conception and realization of environmentally sensitive and responsible expression as a part of the evolving matrix of nature. SUSTAINABLE DEVELOPMENT - The process of continued human development and growth within a sustainable context. Although it has been suggested that the term is an oxymoron, as with sustainable design, sustainable development suggests an awareness of the full short and long-term consequences of any transforrnation of the environment and a desire to minimize the human footorint on the natural world while maintaining economically viable business, structures, and social and intergeneretional iustice, SUSTAINABLE MANUFACTURING - Many manufacturing processes used today contaminate the environment, as short-term productivity is paid for by long-term destruction of earth. Sustainable practices attempt to establish an ongoing relationship with the sarth, resulting in long-term productivity with minimal harmful impact. TEXTILE - A woven fabric made by interlacing yams. TECHNICAL NUTRIENT - Any material, often an inorganic element or compound, used in an industrial or technical process or product. THERMAL CHIMNEY - A section of a building where solar heat or thermal currents are controlled in a manner that stimulates an updraft and the exhaust of heated air. This draws in fresh air to occupied areas of the building through open windows or vents and is a passive cooling method. THERMAL ENVELOPE - The shell of a building that essentially creates a barder from the elements. A highly insulated thermal envelope allows maximum control of intedor temperatures with minimal outdoor influence. THERMAL MASS - Materials that absorb heat or coolness and store it for a long pedod of time. Water and masonry materials can provide lhermal mass. Such materials react slowly to temperature variations and are important aspects of any passive heating or cooling system. TOXIC PRODUCT - A Category of products, which, because of their dander to living ecosystems, cannot be safely reused or recycled, These products could be phased out, since they do not fit in the waste equals food equation. Their danger to living beings should nat justi~ [heir immediate usefulness and they should be considered for redesign. TOXIC RELEASE INVENTORY {TRI) - A list of federally identified and comrolled hazardous materials. The author of the Toxic Release inventory is the U.S. Environmental Protection Agency. Currently there are over 230 chemicals included in this continually expanding list. These materials are known to cause serious health and environmental hazards, and most are commonly used in industrial processes, All are subject air, water, and solid waste restrictions as well as tringent inventory and disposal requirements. The EPA is currently promoting the reduction and discontinued use of all of these substances in a wide variety of industries. TOXIN - Any substance which poses a threat to living organisms. TROPICAL HARDWOOD - Wood products harvested from tmpicel rainforests, Tropical forests are not being harvested in a well-managed manner except in a few isolated cases. Certification efforts indicating sustainable harvested, woods are just beginning. UNSALEABLE PRODUCTS - Products which cannot be consumed or used in an industrial ecology and which have no active market such as chromium-tanned leather. Safe means of recycling these materials may be currently unavailable due to lack of demand and high cost. In the long-term, these products should not be manufactured. Until then, they could be stored and prevented from contaminating the surrounding environment. USER-FRIENDLY - A result of good design which encourages use. comfort and familiarity of a product or system. The William McDonough Collection is user-friendly because it inherently promotes environmentally sound design principles and because the textiles do not retain moisture, keeping sitter comfortable for extended periods of time. VAPOR RETARDER - A continuous plastic membrane which surrounds the entire thermal envelope of a house and prevents moisture penetration into the walrcevity. This is generally not required in the Austin climate for moisture control, but may serve as an effective air ]nfiltretion barrier. 10 VOLATILE ORGANIC COMPOUNDS (VOC) - A large family of chemicals including all organic compounds (containing hydrogen and carbon) that vaporize at room temperature and pressure. They ars found in many indoor sources, including many common household products and building materials. Finishes that contain VOCs can function as sealants, preventing outgassing of other toxic substances. There are commercial brands of finishes available that minimize the VOC content Only these brands should be used, and care must be taken in their application. Once thoroughly dried, they do not pose a health hazard. WASTE HEAT - Heat that escapes to the atmosphere during combustion processes. Minimizing and recapturing waste heat is a valuable energy conserving strategy. For example, in homes there is heat in graywater, flues from wood-burning stoves, and heat pump fluids that can be captured for other uses such as preheating domestic hot water. WASTE STREAM ~ The term characterizing the aggregate "river" of waste from the first point of generation, whether in one's trash bin. in the kitchen of a restaurant or on the floor of a manufacturing plant, to its final destination in a landfill, or incineration facility, or the end of a discharge pipe leading to air, water or land.' It is estimated that 40% of our waste stream consists of paper products. WASTE WATER - Water which has been contaminated with chemicals or other substances, and must be purified before being used again er before being reintroduced into the environment. New systems called "living machine," developed by John Todd, are being used to purity waste water from a variety of sources using natural biotic systems and solar energy, WASTEWATER TREATMENT - Water that is discharged from homes and businesses from sinks, toilets, washers, showers, etc. It is treated through a series, of separation and aeration processes. A small amount of chlorine is added to Austin's wastewater before it enters the Colorado River. WATER BUDGET - This is the calculated amount of water a household should use based on the type and number of fixtures, landscape requirements, and size of the family. ECSD's Water Conservation Program can assist in developing the budget. WATER CONSERVING IRRIGATION SYSTEM - Drip irrigation, soaker hoses, bubblers and iow-trajectory spray heads for water distribution; zoning irrigation for different water-demand plant types; electronic timers with five day programming and rain override devices; irrigafion schedules for early morning watering every five to seven days: soil moisture sensors. WATT - A unit of power indicating the rate, at which work is done. The faster an agent can do work the more powerful it is; therefore, the higher its wattage. WHOLE-HOUSE FAN - A fan that is typically centrally located in the ceiling of the house. It pulis house air up into the attic area where it vents to the outdoors. The house air is replaced by outdoor air through open windows and screen doors when outside temperatures have cooiod down in the evening. This is a less costly way, financially and environmentally, to cool a house. It is important to be able to seal and insulate the fan opening during the winter when the fan is not needed. WICK1NG - The act of carrying water away from the surface. For example, the ramie in the McDonough fabrics carries moisture away from a chair, making the user more comfortable. WIND MACHINE - A machine that generates electricity by the wind turning a generator-connected wind propeller. Austin is not a prime area for wind machines' die to Iow annual wind speeds. However, new models that perform at lower wind speeds are becoming available, WINGWALLS - These are small outside walls on a building set perpendicular to an exterior wall with window(s) on the side of the wingwall A negative pressure zone is created by the wingwalls stimulating air movement (breeze) through the windows. WOOL - The fibers derived from animal fleece, commonly sheep. Wool possesses excellent moisture absorption characteristics. XERISCAPE - Creative landscaping for water and energy efficiency and lower maintenance. The seven Xeriscape principles are: good planning and design; practical lawn areas; efficient irrigation; soil improvement; use of mulches: [ow water demand plants; good maintenance. Rib. Bid§. Services TEL No.804-973-9545 Oct 25,95 10:00 No.O03 P.02 b PRESSRELEAS Release Date: Contact.' September I, 1995 ~ack Clark. AD% KWIfB A~chitects 804/873-6606 804J873-0730 Al Reascr, Director of BuiIdfng Scmrlces Albemade County Public Schools 804/973-3677 804/973 -9545 Meeting to Discuss Sustainable Design for New High School Albemarle County, Virginia-- On Septemb~x 11, 1995, a meeting ~s411 bc heJd in Room 800 of thc Piedmont Virginia Community College from 9:00 AM u~l I2:00 noon to ~sc~s ~c possib]a integration of "Sus~n~ble De, s~~ stratcgks into the proposed new Ixigh school. dtizens of~b~arte County are in~dted to auend. The agenda for the meeting ~s~I1 include a presentation of the educational program for the new school, an introduction to fl~e principles of sustainable architecture by 'Will~aart McDonough, and an open question and answer period, Follo~4ng the meeting, thexe x~fill be a three-day design workshop, a% Sufl~erland Middle School, to identif7 and evalus te sustzinable desig~ components, ~t~ategles, s3~tems and materials appropriate for the proiect. -Examples of such items to be evaluated ~nclude: · Daylighting · Enatgy recapture · ResoBrct~ conservatioD. PhotovoIt~c electrlcal genexadon ', · Alternative tm~dscaping R~b. ~dg, Services TEL N~.$04-97~-9S4S P. ~.J K E: F4RrHI'[~,~TE, Oct 10:02 No .00A :?,75 0750 F'. P.01 The ar-chit¢ctural fim~s of Kancort~ Wildman Krause B~¢zins~ ~f ~e~o~ N~cws, and ~il~ McDonough & P~ners, P.L.C, ~f Charlottes~ll~ ~411 conduct the d~sign wor~hop, Other p~idp~ 0f ~ dc;i~ wor~hop includ~ couDty and ~chooI offldMs. ~e public is in~t~d ~o att~d thc dMly work session~, including a one- hour-long ~po~lng ~d a question and answer session at 4:00 PM on Tuesday, September 12 ~d Wednesday, Septmb~ 13. A summaxy presentation cf thc findings from the design workshop ~,ill be haiti on Thursday, Septem-ber 14, 1995, at 6:30 PM, a~Walton Middle School. Th~ ~necting is open to the publlc. Backgrou~-~cI Data orr the High School Pt'oiect The proposed high school ~vfilt be located on a 60.acre tract of land south of thc PVCC caxx~pus between Avon Street F..xt~nded ~d Rout~ 20. ~e s~ool ~5]1 bc d~{~eR ta accommodat= t ,000 stud~m, ~ corn fadlities s~zed for a futurt ~pansioi~ to 1,500 stnd~, ~ 180,000 squa;e-foo~ fadtity is scheduled to open in September o~ 1998. P~b. B-.i~9. Services TEL No,804-973-9545 8cS 25,95 10:02 No.00,~ P.02 A New High School for Albemarle County Sustainable Design Feasibility Analysis Schedule .Se.~ptember l 1, 1995 1.0 Community Work Session Location: Piedmont Virginia Conununity College Room 800 Participants: Owner Representatives Public Officials Design Team Public Invited and Welc~m~e [,earning Specifications DevelopmentTemn Invited A~enda: Introductions Overview of the Project Overview of the Educational Delivery Criteria What is Sustainable Architecture? 2.0 3.0 Educational Design Rtwlew Session Sustainable Design Strategies Review Session Location'. Sutherland Middle School Partieipams: Owner Representatives Design Team Public Invited and Welcome 9:00am ~ t2:00pm William McDonough 1:30pm - 3:30pm 3:30pm - 5;30pm Seplemb_er 12 and 13, 1995 1.0 Design Workshop Location: Participants Sutherland Middle School Ow~er Representatives Design Team Public Invited and Welcome Community and Stakeholders Input Session: Agenda: Evaluate Sustainable Design Ideas Decide which Ideas to Pursue Proodce Several Design Scheme Options 8:30am- 5:30pm each day (evening sessions if necessary ) 4:00 pm each day Ft~b.'~id9. Services TEL No.804-97~-9545 Oct 23,95 10:02 No.O0,~ ~.05 ~: A N C 0 k N wit O 8A N ~(R A L[S'c ~ R ~ ZIN S[I ~ A[ ~ h Ic,ls A New I-Iigh School for Albemarle County Sustainable Design Feasibility Analysis Schedule Page 2 September 14:1995 1.0 Design Charrette Documentation Location: Participants: Building Services Confer~tce Room (tentative) Design Team Public Invited and Welcome 10:00am - 4:00pm Sel~tember 14~ 1995 LO Public Presentation of Workshop Conclusions/Designs Location: Walton Middle School Participants: Owner Representatives Public Officials Design Team I.SDTeagn Public Invited and Welcome Agenda: What is Sustainable Architecture? Overview &the Workshop Process, Presentation of Design Scheme Options. 6:30pm - g:3Opm William McDonough October 4~ 19.95 1.0 Presentation of Sustainable Design 1'o Joint Meeting of County Supcrvisosrs and School Board. Location: Participants: County Office Building OwneFs Representatives Design Team County Supervisors School Board Public Invited and Welcome 6:30pm??0 R~b.'~d9. Services TEL No.80A-975-9545 Oct 25,95 10:02 No.O04 P.04 September 11, 1995 A NEW HIGH SCI!OOL ]FOR ALBEMARLE COUNTY Initial Enrollment Design Capacity for Core Areas Approxintate Building Size Approximate Site Size Project Location: To the south of Piedmont Virginia Community Coltege Between Koute 20 and Avon Street Extended Project Budget: Land Acquisition Building and Sitework Construction Cost Additional Project Cost (Furniture, Equipment. Design Fees, Survey and Testing, etc.) Technology Total Project Budget Scheduled Opening 1,000 stt,dents 1,500 students 180,000 sq. R. 60 acres $ 1,500,000 17,112,052 3,794,398 613,900 $23,020,350 September 1998 JAMES R. BURRUSS Ly~chburg WILLIAM T CARDEN K/nsale FRANKLIN F- HALL Smithfield ANNE E. HEISSENBUTTEL Alexandria STEVENS. F~OFFMAN Bfightwood JOHN M. HORN Norfolk JOHN E HOSNER Blaclcsburg LISA M, PELLEGRIN Burke WILLIAM FI. RILEE West Point HOMER G. SMITH, JR. Drakes Branch KEVIN A, SMITH Leesburg JAMES W- GARNER. State Forester COMMONWEALTH of VIRGINIA BOARD OF FORESTRY Foutaine Research Paxk 900 Natural Resources Drive Post Office Box 3758 Charlottesville, Virginia 22903-0758 804-977-6555 (V/TDD~ FAX 804-296-2369 Reply to: October 10, 1995 Ms. Ella W. Carey Board of Supervisors Member 401 Mcintire Rd. Charlottesville, VA 22902-4596 Dear Ella: I am pleased and honored to inform you that I have been appointed to the Virginia Board of Forestry as your representative for Congressional District 5, The week of October 16-29th has been designated as "National Forem Products Week. ' In recognition of this important week, it is my pleasure to enclnse a copy of our newly re/eased forest economic study entitled, "Virginia's Forests Our Common Wealth. ' America's forest products industry began in Jamestown when the first ship was loaded with logs bound for England. This treasured tradition confmues to increase today as our population grows. Indeed, Virginia's forests and the forest products industry form a driving force in Virginia's economy. Specifically, the harvesting, processing and markefmg of wood products adds $9,757,230,586 annually to Virginia's economy and accounts for over 228,370 jobs. Our dynamic industry has been under attack from groups and organizations who have not been totally informed with all the facts, research and education that we incorporate in our daily stewardship of the forest. It is our hope that you will enjoy reading the enclosed brochure, which we believe will be sfimulafmg, enlightening and educational. Sincerely, Mission: A Forest Resource to Meet the Needs of the Commonwealth COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: September 1995 Financial Report SUBJECT/PROPOSAL/REQUEST: September 1995 F/nanciat Report for the General and School Funds STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters AGENDA DATE: November 1, 1995 ACTION: INFORMATION: CONSENT AGENDA: b~* t~e¢ ge.~ ---' '~ ~~,2-/ ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: Yes BACKGROUND: Attached is the September 30, 1995 Monthly Financial Report for the General and School Funds. Projected General Fund reveunes were revised asofSeptember 30, 1995. Total General Fund revenues areprojectedtoexceed appropriations by $1,578,641. Local revenues are currently projected to exceed ap propriations by $1,752,606. State and Federal revenues are projected to be ($150,248) and ($23,717) respectively less than appropriated~ The local revenue projected increase is primarily due to higher than anticipated real estate tax, personal property tax, and interest collections. Projected School revenues and expenditures have not been revised at this time nor have projected General Fund expenditures. RECOMMENDATION: Staffrecommends the acceptance of the September 1995 Financial Report. 95SEPRPT.WPD 95.188 >"o ~m0 O~ ~ Z~ 0 Z Z~ ~ Z X Z m C: m IOlOOOOOOOO oo ITl Z ,~ "nO ~8 ITIZZ ~"um mo ~Z~~I o o o ~ ~Z Z~ OX oo ~goo~ z_~Z~ c~ ~ ~ ~ zm · O~ m~ oo ~ ~zZ~ mg · z~ c~ mmo -om 0 0000000000000000000000000000 o ~m ~m mm om m io Do'"" mo Om >'0 ~ ~m ~z ~ 0 z~ 0~ <0 ~ D -- ~ZO ~ZO~-- ~ ~0 ~ ~ ~z ~ nl Z 0 0 0 0 O0 O0 O0 0 0 COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22902-4596 1804 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Walter F. Perkins Sally H. Thomas TO= FROM= DATE= SUBJECT= BOARD OF SUPERVISORS LETTIE E. NEHER, CMC, OCTOBER 27, 1995 CHIEF DEPUTY CLERK~ READING LIST FOR NOVEMBER 1, 1995 June 7, 19'95 - Page 12 (~8) to Page 27 (#19) - Mrs. Humphris Page 36 (~18) to End - Mr. Martin LEN/mms Printed on recycled paper DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGIN DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE 22902-2013 October 30, 1995 RESIDENT ENGINEER Route 614, Albemarle County Paving Work After Flood Restoration MS. Ella Carey, Clerk Albemarle Board of Supervisors 401 McIntire Road Charlottesville, VA 22902 Dear MS. Carey: Please find attached a summary reporE which addresses concerns regarding the work uo be done on Route 614, Sugar Hollow Road. The Deparumen£ is currently restoring Route 614 sfter the flooding which Dccurred in June of this year. The section of Route 614 that washed ouu during the June 27th flood has been restored and paved up uo its intersection with Route 674. This work was completed last week. The nexE 2.5 miles of Route 614, from its lnEersecuion with Route 674 co the Sugar Hollow Reservoir Dam, will be widened and paved in accordance with the followinG details. Additional grading to widen Route 614 ~o ~n 18' width will occur. Ail grading will take place on the slopes opposite the Moorman's River and will hOE adversely impact the river. Concern has been raised regarding damage to the river's canopy due uo nree removal_ All uree removal will be minimized, however some mauure nrees musn be removed ~n order Eo obtain an 18' pavemenu width. The DeparnmenE of Conservanion and Recreation as well as the DeparEmenn of 3ame and Inland Fisheries have reviewed the areas of greanes5 impacu south embankment below Puppy Run Farm ~nd have advised that no mrreparable damage will be done co the river. Grading along the Cabell properny will involve the removal of several maEure cedar Erees, many of which are enuangled within a line of fence which is [o be replaced. We have received literature from the Asphalt Institute which outlines the use of asphalt ~o line waner reservoirs and fisheries. Their extensive research indicates that asphalt provides an inert material with which such environmentally sensitive pro3ecns can be consnrncned. There ~s no substantial information available regarding the effects of acid rain Dn asphalt. Most documentation relates eo the effects of acid rain on concrene, a porous pavemenn material. A hydraulic review has been completed for this section of Route 614. Several pipes will be installed within the existing right of way ~o insure proper drainage along the n!rpical ~ection. The rock berm wesn of the large sycamore nree will be lowered ~s best as is practical ~o allow for sheet flow from the edge of pavemenn. It should be noeed that many locations along the roadway adjacenn no the river no TRANSPORTATION FOR THE 21 ST CENTURY Ms. Ella W~ Carey Page 2 Route 614, Albemarle County October 30, 1995 longer have berms where they existed prior to the flood. Grass buffers shoulder area) will assmst in dissipating storm run-off into the fryer. Care will be used to provide sheet flow from the roadway whenever possible. Concentrated flow will be directed 5o heavily vegetated areas so that natural filtration processes can occur. Ail slopes and fill areas will be stabilized by seeding and mulching as soon as possible in order that erosion be controlled and vegetative cover be provided prior 5o winter Eroslon control fabric will be used where warranted. Shoulder areas will eventually "turf in" after the slope stabilization matures and spreads to the edge of pavement. "River stone" is no5 needed 5o stabilize fill areas as vegetation is currently well established and slopes are no5 eroding. We have removed excess material from around the large sycamore tree near the Buxton entrance. The "landing" in this area has been regraded to sheet flow into the river and provide more shallow 2over of the tree's roots within the drip line. A local tree expert was contracted to perform chis work 5o insure the desired sensitive attention ~o this restoration effort. A written report from the contractor is forthcoming. A dormant fertilization treatment will be provided iF the near future to assist the cree zn restabilizing itself We have directed the contractor 5o place stone along Route 614 west of Route 674 in an effort 5o minimize the maintenance atcention now needed due to recen5 rains and traffic. We will continue with the grading and paving work as outlined and expect that the final pavement will be in place zn three uo four weeks %provided proper weather conditions exist We are forced mc move ahead with our work after an eight week shutdown zn order that this project be completed before the wln~er season. Our office will ~ladly participate in future efforts to restore the scenic river corridor insofar as the roadway and our restoration efforts have contributed to the area. We have attempted to give serious and considerate attention to all concerns voiced with regards to our project. We feel certain that the improvements to Route 614 as outlined herein will provide this community with a safe and aesthetically pleasing roadway that can be enjoyed by all citizens. 11:09 88042884551 VA ASPHALT ASSOC ~]002/008 10/23/95 11:09 ~'$042854551 gA ASPHALT ASSOC ~ 003/008 introduction The successful use of asphalt in hydraulic applications such as domestic water reservoirs, fish rearing ponds, and canal liners is well-documented. Hot-mix asphalt (HMA} has been used in these applications for more than half a century. Hot-mix asphalt is durable, flexible, and can be designed to be either impermeable or porous. As an inert material, it is resistant to the action of almost all acids, alkalies, and. salts. Occasionally, quastibns arise concerning the environ- mental safety involved with using asphalt in applications where water is d~'ectly contacting the asohalt material. Based on unfounded concerns that asphalt would leach toxic, hazardous materials into the water, some agencies have even proposed regulations prohibiting the use of HMA where it ma~ come m contact with water. Ne scientific data exists on which to base claims concern- ing asphalt leaching hazardous compounds into water. Even as improvements .have been made in testing procedures and the~ ability to detect smaller and smaller amounts of hazardous matedale has ~ncreased. asphalt has not been shown tO be as a sOurce of toxic substances. Recent studies using state-of-the-art testing procedures as governed and approved by the Environmental Protection Agency {EPA) demonstrate that asehait does not teach harmful quantities of contaminants. Research continues to illustrate the inert oroperties of HMA and validate the decisions to use hot-mix asphalt in water environments. This publication addresses the use of asphalt materials in locations [hat will be in contact with water. What is asphalt? Chemically defined, asphalt is "a complex combination of high molecular weight organic compounds containing a relatively high proportion of hydrocarbons having carbon numbers greater than C25 with high carbon-to-hydrogen ratios." (Chemical Abstract Services registry number 8052- 42-4.J While composed pdmadly of complex hydrocarbon molecules, asphalt also contains such atoms as oxygen, nitrogen, and sulfur. The principal seume of asphalt used in modem construc- tion is the refining of crude Petroleum. Crude petroleum is composed of a variety of compounds, and a refinery is used to separate the crude petroleum into its various constituents. Bdefiy described, the refining process involves heating the crude petroleum to approximately 750"F to vaporize the lighter, more veiatile fractions. These light fractions are removed and condensed, and then further refined into such petroleum products as naphtha, gasoline, kerosene, fuel oil and lubricants. After one or more refining processes have remm~e¢ the lighter petroleum compounds, the non-volatile portion that remains is the vaCuum residuum or asphalL All ortho refining and manufacturing procedures are aimed at making pro- ducts that meet govemrng national Or state specifications. The two largest standards setting organizations for asphalt cement are the Amedcan Society for Testing and Materials (ASTM) and the American Association of State Highway and Transportation Officials (AASHTO). Asphalt In Paving There are three forms of asphalt used in paving applica- tions. Asphalt cement, at ambient temperatures, is a black, sticky, semisolid, highly viscous material, Asphalt cement is cai~ed thermoplastic because it softens as it is heated and hardens as it cools. The most common use for asph~ cement is in the oroducfion of hot-mix asphalt {HMA) for pavements. HMA is an asphalt/aggregate mixture that is produced at a central m~xing facility. To dry the aggre,.gat~ and ~.~tain sufficient fluidity of the asphalt cement, bdffi ~fl-ast be heated prior to m~xleg, hence the term hot-mix. While still hot, the HMA is transported to the paving site, where it is placed and compacted. Upon cooling, the mixture hardens. Emulsified asphalt and cutback asphalt are products that are liquified so that they are fluid at ambient temper-. atures` Emulsified asphalt is a combination of asphalt and water that uses an emulsifying agent to blend two normally immiscible materials` Cutback asphalt is asphalt cement that has been liquified by blending with a petroleum solvent (or diluent) such as naphtha, gasoline, or kerosene. Asphalt emulsions and cutback asphalts are typically used in spray applications such as surface treatments Ichip seals, tack and prime coats), as well as cold-mix applications such as maintenance stockpile materials and road mixing. When exposed to the air and the material it is sprayed on, the water or diluent evaporates and the asphalt remains t~ perform ~ binding funCtion. The setting of the asphalt ernulsh3n is an irreversible reastleO and the asphalt cannot be re,emulsified when contacted with water. Due to the evaporation of the velatilas that make it tiuld, the use of cutback asphalt is subjected to regulations due [o air duality concerns {volatile organic compounds). While the correct application of cutback asphalt allows the volatiles m evaporate and leave the original asphalt cement, improper application may result in incomplete dispersal of the diluent. Due to' possible contamination of the water resources when used in these situations, it is recommende~L that cutback asphalts not be applied in water environments as discussed herein. Hot-mix aspl~Ut pn3vfde$ e alL, rub/e, impermeable reservoir lining that 10/23/95 I1:09 ~'8042884551 VA ASPHALT ASSOC ~004/008 The Met~opol'~a~ Water District Of So¢]~m California is £mimg reservoire aaphait ~ ~c~d ~etween ~aye~ ~ ~me~e. hydr~c HMA. - EPA Testing The current protOco~ identified by the EPA as the most consistent and rigorous for d~ermtning the toxicity ~f a substance is the Toxic Characteristic Leachability Proce- dure t'TCLP}- As an indicator of the effects of acid~ on the leaching characteristics of a material, the TCLP is consi- dered to be more aggressive than pH-neutraf water leaching tes~. Eight metals and 32 organic compounds identified as contaminants by the EPA are included jn the TCLP analysis. Because of asphalt's high molecular weight, there is a concern that leachable polynuclear aromatic hydrocarbons (PAH's) could be present The TCLP analysis can also involve testing for leachable PAH's and other compounds of concern. ,,~tudy perfoj'~?ed by Heril~ae Reseat_ch Group (1) used TCEPTeachate to test fresh hot-mix ~,-p, h-alt for the presence ~f_~he 40~EP~ 8on~_-m~r{anta ~ ~.e. ~ J ~h -m~te cu mi' ,wg~ht_'- ~A__H_'s re~r~elytasted fo~-"b-"Ci'~'l~A!(7~If~'~'~'~' ~ ~D':2~~d ~[ag, stone and sand that met indiana DOT specifications for asphalt surface Of the 40 contaminants identified by the EPA as hazard- chrome was ttle only compound that had a level above mits. Measured at 0.1 part per million (ppml, this still 50 times below hazardous levels. Since asohaif r does not contain chrome,this small level is poss[biy which is a byproduct of the re extremely iow. measurement well below one part per bitlion (ppb). detectable, being measured at one- ~pb, well below any established guJdeitne. Naphtha- most volatile PAH, and ts not carcinogenic tike s, such as Benzo[A)pyrene, nons of found to be present. Hydrocarbons ~tudy recently performed bv the state of Minnesota a sc in~velved T~[.P testi~ of hot-mixa~pjlalt/2 .). Leachate test~ were performed on cores from pavements constructed with and without sewer sludge ash added. IThe use of sewer siudge ~h as an aggregate is being investigated. The ash contains elements identified as hazardous by the EPA, and the TCLP leachate testing was included in the analysis,) T__hhe zesutts of the TCLP an,0_al~'~'[ on all the pavements have shown that ':l~achate concent ,rf, a~ons. ,fpr alt m.O_n~]' ,p_a..Ea_metem w. ere well below. ~, dr'~ter sta. n_da~s" for the h0~t:.mix asphalt test~7-~.hirly-six of the 40 cam~ I~ounds ~ncluded in ~he~'--'&"h"El~'~is were below detectable lira. its, which vary by compound frOm 0.25 parts per million to 0.1 parts per billion Curren! Applications ~l~tan Wate_rD.istriof ,of Southern Cariforni~_ MW.[~.,~C,~.~¢~o use HMA to lir)e water reservoirs - .a~oractice they have empl_o~d for mere thap four dec_adcs~ Curr~ntty in uae are two~n~reatad water reservoirs with a' total capacity' ofl.8 billion gallons and five treated water reservoirs with a total capac~ of 1.1 billion gallons. ... -~V~:' :,: ~.'f'~:~'? F~$h hatcheries in Oregtm and Wa~h~ncjt~n re/ease millions o! ~atctr#nge ~acfl ~prrng from ~ond3 lined with hot-mix asphalt. 10/23/95 11:09 '~'8042884551 VA ASPHALT ASSOC ~005/008 II II MWDSC is presently constructing a 146-million gallon asphalt lined reservoir that will contain a built-in HMA subdraln system. It c~naists of 4-inches of dense-graded HMA on tt3e surface, 4-inches of open-graded HMA in the middle, and 2-inches of dense-graded HMA placed on the subgrade. The open.graded layer serves as a drainage and leak detection layer between the two impermeable, denae- graded asphalt layers. The East Bay Muolci~3al Utility D~strict {EBMUD} in Oakland, California has also been using hot-mix asphalt to line domestic water supply reservoirs since the 1950s. Various combinatk3ns of dense-graded HMA, prefabricated asphalt panels and membranes, and open-graded HMA have been used by the EBMUD to collect and contain domestic water supplies. A total of 10 reservoirs store 265 million galtons of water in the EBMUD system. In 1987, Oregon and Washington fish and wildlife agen- das began using HMA to line fish rearing ponds. Typica~y 172 acre in area. the ponds are home to chinook salmon and other fry for about 18 months before the fish are released into rivers and streams, Toble 4 lyplcal Grodaflons for Aspttalt Mixtures in Hydraulic Applications Dense-Graded J Open-Graded Sieve Size Percent Passing 25.0 mm (1 in,] 100 lg.{3 mm (~ in,) g3-1S0 12.5 mrn (~ in.I 1{30 -- 9.5 mm {~ in.) 95-100 35-65 4.7S mm {No. 41 70-84 5-25 2.36 mm ~No. 8) 52-69 2-t 5 1.18 mm {No. 16) 38-56 0-7 6~0 ~m (No, 3~ 27-44 0-3 3~0 ~m (No. SOl 19-33 150 pm (No. 1001 13-24 75 ~zm {No. 200) 8-15 Asphatt cement, percent by wt_ of ~ mix 6.5-g,5 2.{~,4.0 Mix Selection The design of dense-graded hot-mix asphalt for hycrau applications varies somewhat from HMA f~ highway ca struct~on. A hydraulic asphalt mixture is typically design with a higher asphalt content than for mixes used on ma.~ to produce a high durability, impermeable mix. A mi:( tt compaCtS easily and yields a lower air void contain desirable for hydraulic applications. Table I gives typic specifications for dense- and open-graded mixtures u~ in water environments. TLre..~sphalt Institute's Asphalt Hydraulics manual (MS-12) fully details the use of espn · mixtureS in hydraulic applications. Conclusions S.~te-of-the-art procedures USed for analyzing t~xlc have demonstrated-that hot-m~x as"phalt does n~t le~ hazarc~us matedate. Agencies continue to spec~ Ht liners {& dhnking water reservoirs and fish rearing ~n~ where the water quality must meet rigorous drinking w~ standards. Until test data exists to indicate otherwise. regulations against the use of HMA in water environme are inappropriate. C,L, lbaCk asphalt is a possible source for water con~ inatas. Caution should be exemised when specifying ~s in water environments. Details of the results presented in these references be obtained'from the Asphalt Institute. References 1. Kriech, Anthony J,, "Evaluation of Hot Mix Aspha~ Leachability," Heritage Research Group, IndianaF Indiana, October 1990. 2. "Sewage Sludge Aah in Bituminous Paving," Repor the Minnesota Legislative Commission on Waste agement, joint development by staffs of the Minne~, Department of Transportation, Minnesota Pollution trol Agency, and Metmpotitan Waste Control Corer sion. St. Paul. Minnesota, October 1990. ASPHALT INSTITUTE EXECUTIVE OFFICES AND RESEARCH CENTER Research Park Drive P.O. Box 14052 Lexington, KY 40512-4052 USA Telephone 606288-4960 FAX Ne. 606-288~999 10/23/95 i1:09 "~8042884551 VA ASPHALT ASSOC ~006/008 Oregon and Washington Fish Hatcheries Lined with Asphalt byEd D. Schlect District Engineer, Asphalt Institute More than 30 fish hatchery ponds are operated by Oregon and WasRington and many of them are lined wit,h hot-mix asphalt (HMA)_ The states fish and wildlife officials say the ponds are durable and produce good-quality fish. HMA is one of the most commonly used ~ for hatchery ponds, accord- i~g to Ray Sheldon, hatchery, operations coordinator for the ,Or~.,gon Department of F'~h and WiIdlffe_ ' We've had good results rea_dngquality fish" in the ponds, says Sheldon. One of Oregon'~ ponds, the Clack- areas fish hatchery at McCiver State Park. releases more tha~ 1.5 mil.lion chinook each spring into the Clack- areas River. The hatchery houses the fish about I8 months before releasing them knto the river tn Washington, the State Depart- ment of Fisheries and the Department of Wildlife operate more than 25 hatcheries. At least two Indian ~ibes in the state also maintain hatchery ponds lined with HMA, A typical Washington state fish hatchery pond is 5 to 7 feet deep and covers a one-half acre surface area. The liner is 2 or 3 inches of ~ o~ 8 inches of granular base. Liners consist of 3/84nch nominal maximum-stze aggregate with 6.5 percent asphalt ce- ment. The higher volume of asphalt cement ensures a Iow-void, imperme- able mix_ When the ponds are empty, pressure relief valves in the pond bottom relieve hydrostatic pressure under the tinct. Some ponds are designed with pres- sure relief valve~ throughout the pond floor while others use valves 0nlv in the drain channel. Ali joints between the HMA liner and the head,vails and outlet gates are sealed with rubberi.z, ed asphalt liners. Many of the HMA ponds are sealed with an asphalt emulsion because a bacteria detrimental to fish life can fi.nd a habitat in the surface voids of the HMA. Current specifications reoufre either a proprietary asphalt emulsion sealer, a CSS-1 or a CSS-lh. Both Washine:to2.~rtd Oregon state ,~a encies are pleased witb, theeffect~ve-. nests ot tee Hix4A liners and p.,hn to use . ~ for addition~l fish hatcl~e~e~ itl . the future. · ASPHALT 17 t0/23/95 11:09 98042884581 VA ASPHALT ASSOC ~007/008 Asphalt Liners in California Reservoirs Resist Loading Stress and Erosion by Robert P. Humer Distrlct Engineer, _,4~plralt Institute than four d~cades the cOntrol prevent seepage and absorb Murriotta Hot Springs, consists of a ~-acre-foot (llt-n~;lli~-gallon) lin- drink- water--storage reservoir with Hypalon corr. MWDSC inches of open-graded HM~ its sides and bottom for erosion million Skinner project, ; contractor prepared the subgrade the native Bedford Canyon furma- :lay fil~ t Pacific and contractor Matlch Corporation Califorui~, then con- the 3-inda-thick porous of I-IMA. to Eric Anderr~r~ MWD6C engineer, the lining will not but also will back pressures and prevent e water level occur. Corporation first paved the ~ides of the reservoir, then the bottom. "Because the sides were designed on a 3 to 1 slope, Matich was able to place the 3-inch lift with stand- ard Paving equipment without the help of a winda,' says Ben Huntsman, head of the MWDSC testing laboratory. The paver started at the ~op of the slope and paved to the bottom. Compaction was accomplished with an 8-tolt 2-axle tandem roller attached pulled up by a winch. The rolling pattern on the slopes was up and down with no compaction percent- age specified. Bottom rm]l~ng was done with a double drum roller. The 3/4dnch topsize porous mix contained 5 percent AR-4000 asphalt cement. Etiwanda At Etiwanda, in the city of Rane. ho Cucaraonga, MWDSC constrt~ted a 10-inch-thick lining composed of lay~r~ of hydraulic and porous lIMA on the sides and bottom of the 450-a~,~-foot (]~-~itlln~-~]]Z~) raw water reset- voit. Raw water is the resource used for finished drinking water. Advanco Con- structors of Upland, California, was the general contxactor and Best Western Paving of Walnut, Calffc~,fia, did the Cost of the Etiwanda liner was approximately $4 million of the $22.5 million project total. It was composed of 2 inches of hydraulic asphalt, and 4 inches of porous HMA topped with 4 inches of hydraulic asphalt. Appro×i- matoly 120,000 ton~ of HMA were pL3ced on the project. Subcontractor Southern Call'mia Grading, Inc. first removed an extra 5 feet of subgrade matorial and replaced it wlth setect 611 material. The fill wa~ placed in 8-inch lifts and compacted ~ 9.5 percent of laboratory density (ASTivi D-t557). After priming, Best Western placed the 2-inch lift of imperviovs hydraulic asphalt on the reservoir's side~ and bottom. bIWI~C construction supertisors (left in right) Steve Kobzeff and To- Stephens, Asphalt Institute district engineer Bob Humer, and Bill Rider ar Ben Huntsman of the MWDSC testing laboratory stand in the excavak Etiwanda reservoir a few days be/ore HMA paving begins. 10123195 11:09 ~$0428845~1 Porous HMA The P'VC dta£nage system was then placed on the 2-inch liner and covered with 3/4-tach crushed drain rock Best Western then placed a 4-inch layer of porous HM.A on the drainage system and topped it with 4 inches of hydraulic asp}mit placed in two lifts. Best 'v~stern placed the 4-inch-thick layer of porous I-{MA in one lift, rolling the mat just enough to seat the aggregate particles firmly. Excessive rolling could l~ave caused aggregate degradation. Resident engineer Don Slider says that the Etiwanda liner was specificaliy designed to withstand long-term load- ing stresses without cracking and to absorb short-term loadings such as waye impact. Long-term stresses are causc~cl by settlements in the support- lng subgrade or porous asphalt layer. The porous HMA in the liner serves as a drainage layer between the two layers of impermeable hydraulic HMA, The porous mix contained 2-5 percent AR-8000 asphalt cement. Bee Table I for gradation of the porous mix. Siev~ Size Percent Passing 1-inch 100 3/4-inch 93-100 I/2-inch -- 3/8-inch 35-65 No. 4 5-25 No. 8 2-12 No. 16 0-7 Asphalt cement, pct. by wt 2.5 percent Table 1 Gradation of Porous HMA at Etiwanda Reservoir VA ASPHALT ASSOC ~ 008/O08 Hydraulic HMA Both layers of hydraulic Hi*Lit were mbced at tlie hOtlmi× facility at 280 t'o 300 degrees F, which matched the laboratory mixing temperature speci- fied in the Asphalt Institute's mix design manual. The mix contained 8.3 percent asphaIt cement. Table 2 shows the gradation for the hydraulic HlvIA Gradations for both the porous liner and the hydraul/c HMA match the guidelines contained in the Institute's AsvhaR In Hydraulics (M5-12) manual. MWDSC specified that the 4-inch top layer of hydraulic HMA be com- pacted to 96 percent at 35-blow Marshall laboratory density. After compaction, the pavement on the reservoir floor contained less than 3.1 percent voids. Alter placing the final 4-inch layer of hydraulic asphalt~ an asphalt sealer was applied on the com- pleted surface of the reservoir lining. The Etiwanda project began in July 1990 and will be completed in March 1992. ~As~vart of its continum~ expan- S~on~ ~ wRI begin__cconst-ructi~'n , ~f a.n. gther as~ffalt-tined reset'yak witq]~ ~an 150-acre-~o~, 9-flaillion -gatlon~ capa--"--~ty~m t ftc nea~ future. ~k -- Pavement density on the slopes at Etlwanda was at least 94 percent of 3S-blow Marshall. Sieve Size Percent Passing 1/2-tach 100 3/8-inch 95-100 No. 4 70-84 No. 8 52-69 No. 16 38-56 No. 30 27-44 No. 50 19-33 No. 1{30 13-24 No. 200 8-15 Asphalt cement, 8.3 percent In:t, by wt. Table 2 Aggregate Gradation of Hydraulic Asphalt at Etiwanda Reservoir After paving, contractors assemble the floating HypaJon cover at Skinner Resereoir. Family Services, October 24, 1995 gJbemafie County Board of Superwsors Coun~ Office Ba[lding 40t Mctntire Road Charlottesville. VA 22902 Dear Board Members: I am pleased to inform you that the FAMII,Y PARTNERS PROGRAM has ~,een ~ecogmzed at the state level as a community responsive, primary prevention program. The program has been included in a recemly published compendium focusing on early childhood, home ¥isifmg pr/maD, prevention pro,-ams. Attached is a copy of the FAiV~Y PARTNERS PPcOGRAM Ln2'ormatioa included in the compendium. Y.his program provides family centered services which support the parent as well as tb~e parent-chld interaction. Se~wices are provided during the earliest years of the c~ld's life, years ~h~t lay the foundation for all that follows, Outcomes include o promotion of appropriate c,~2d development o utilization ~f~reventiYe health serv/ces o prevention of child abuse o a sa,angs of $6 for every $3 spent in prevention Thm%: you for allowing me the time to update you on ti~Js program.. Sin~:ere!y, Kath,een Finders. Coordinator Fax~3ily Partners Program 116 W~t Jefferson Streeh Ch~rtottes,nle, VA 296413.8 ~r (go0) 4g8-42~0 (504) 972-$Ad~ZE FAX 295-2~3§ Home Visiting Programs in Virginia Serving Children o-~5- 1995 HOME VISITING PROGRAMS IN VIRGINIA SERVING CHILDREN 0-5 1995 Developed by PREVENT Clqll ~D ABUSE, VIRGINIA with Jane Riley Peterson Funded by the Vkginia Department ofHealtlL Divison of Child and Adolescent Health, supported in part by project MCJ-51T012-02-0 from the Maternal and Child Health Bureau (Title V, Soc'nat Security Act), Health Resources and Services Administration. Department of Health and Human Services. (CISS Funds) CONTENTS: Acknowledgemen~s Introduction Model Types: Almost Healthy Families Family Intervention Program Family Partners Family Support Projec~ of the Eastern Shore Pregnant Teen -- Teen Parent Program BabyCare Blended Model: Almost Healthy Families and Resource Mothers Blended Model: Almost Healthy Families and Mentors Case-Management with a t-iealth Care Emphasis Center Based with a Child Abuse Prevention Focus Center Based with a Dual Focus on Parent Education and on School Read/ness Bright Begirmings Comer-Zigler Initiative -- COZI Family Literacy Program -- Sacred Heart Center Infant Intervention Program -- William Byrd Communit7 i~t'ealth Cenmr Center Based with a School Readiness Focus Parent-Child Center -- Rural Parent-Child Center -- Urban CI-2P -- Comprehensive Health Investment Project EFNEP -- Expanded Food and Nutrition Education Program Family Preservation Services Head Start Healthy Families Intensive In-Home Services with Paraprofessionals Intensive In-Home Services with Professionals Migrant Head Start Parent Aide Parent Education Parenr Education with an Enhanced Home-Visiting Component Part-H Prevention of Homeless'ness Project LIiNrK Resource Mothers Military: First Time Parent Program New Parent Suppor~ Program Parenting Education with Paraprofessional Parent Aides Parenting Education with Professional Parent Aides Training [ ALMOST HEALTHY FAMILIES Family Partners Program Children, Youth, and Family Services 1 t6 West Jefferson Street Charlottesville, VA 22902 Program CoorcI'mator: Kathleen Flanders Phone #: 804-296-4118 Fax#: 804-295-2638 Serving: City of Charlotte.wille; County of Albem~de Objectives: For many familia, the be~nning stag'~,.s of childhood beeome the be~nning of dysfunctiormt family patterns which later result in costly i~terventions by community org~nly'ntions. Early intervention through Family Parmers enhances the £amity's ability to provide appropriately for the child's d~elopment. The program's objectives include: promotion of optim~J child development; enhn~cement of the parent-ch/Id interaction; und promotion of parent's problem solving ability to meet the f~mily's needs. Description: The Family Partners Progam is a voluntary, early intervention, home based resource for thmilies with young children usually birth to four years of age who are m risk for emotional and behavioral problems. It is desig~ecl ~o encourage positive family interaction through: Family Partners who provide a tmst~g, supportive and nmg relationship with clients and maintain ~ relationship while facilitating positive and appropriate porent-child interaction, p~enting skil/s, stress-coping and problem solving skills, and developing a support network; Support Groups to provide an opportunity that decreases parents' isolation and increases their support network; and a Toy Libra_fy that provides families with age appropriate to.~ used to promote healthy development which the family might not be able to afford. Umbrella Organization or Agency: Funded via a State of V'ir~ni:a Trust Fund Grant for Early Intervention and Prevention program~ for the city of Charlotteowil~le and Albem~le County, located in the private non-profit agency: Children, Youth, and Family Services i 16 West Jefferson Street Charlottesv~e, VA 22902 804-296-41 lg NAME: 16 PROGRAM: Family Parmers OUTCOMES ANTICIPATED BY THE PROGRAM: [] Improve utilization of commtmiry serv/ces/resources [] Improve utiti?nfion of heal~ c~re services, i.e., keeping appointment~, imm,mi?atious gotten ~ timely fashion [] Promote good health practices, Le., good nutrition, getting adequate sleep and exercise [] Lower Abuse/Neglect Rate [] Normal birth-weight babies [] Normal emotional development [] Normal physical development [] Improve p,m'enting skills [] Reduce parent isolation [] Reduce school drop our ram [] Redu~ repeat teen pregmancies [] Improve or enable school readiness [] Other:. To improve or enable school readiness is a side outcome of ch/ldreffs appropriate development. COM/~NTS: NAlVlE: 16 ELIGIBILITY CRITERIA: [] GeegrapNc Boundaries [] Family Income Below or at Federal Defmed Level of Poverty .. [] Substance Abusing [] Pregnant Woman [] Parent with 1 or more children [] Teen Years [] Pregnant Teen [] Pareating T~II List of Factors for Identify/rig children At-Risk [] For abuse and neglect (i.e., F~mily Stress Factors) [] For Developmental Delay [] For otl~r PROGRAM: Family Partners [] Pregnant Woman [] Birth, of [] First Child [] Any Child [] Age of Child 0 to 3 Years [] Referral from a particular source [] Mandated, by whom [] Other. No active Child Protective Services Case. No involvement in another program that duplicates services, but Family Panners will work with complimentary programs like CIqIP. COMMENTS: Of the above criteria, the client must meet: One [] Several [] Ail [] NA1ViE: 16 PROGRA/~: Family Partners ASSESSMENT: Purpose of Assessment: [] Eligibility Determin ~tion [] DeterminatiOn for Frequency of Home-Visits [] Dete~on of Client Need; i.e., service~ needed etc [] No asse~ment done . The Assessmeut is an lnitial, Formal, and Written Proce~s: [] Ye~ [] No Asse~nent Comments: The following scores on-the assessment determine the client's level of risk: >= twenty-five -_- At-Risk >= forty -- I-l]gh-Risk. CLIENT IS SERVED: [] Until Birth [] Until Client Need Ceases Need is defined as: [] Specffic Age of Parent: Years [] Specific Age of Ckild: Years to Years 0 tO 4 Years [] Other:. Any child between the ages of birth and three will be accepted, but once the child tums four then s/he is out of the program. The.child is let go earlier is/he enters another program, i.e., Head Start. [ [ [ [ NA1VIE: 16 FREQUENCY OF PROVIDING HOME-VISITS: Number of El°me-Visits Does Not Vary Across Clients: [] Yes Number Per Week: PROGRA/Vi: Family Pa--"mers [] No Number Per Month: Number of Home-Visits Varies Across Clients: [] Yes [] No Method for Determining Frequency of Providing Home-V'mits: [] A formal and writmn process [] Not a formal and written process Description of ?rocess: Every client begins the program with one to two visits each week, then the number of visits decreases to once a month, then once a quar[er. W-~thin each time period a great amour~ of phone contact takes place. M/nirnum Number of Home-V'rsits per Month(s) (i.e., low-risk): two visits per week, decreased to one visit per week. then one visit every uvo weeks, then one visit per month Maximum Number of Home-Visits per Week (i.e., high-risk): eight hours per day for four weeks, then the number of visits decreases over time INITIAL STAFF TRAINING: Time Allocated for Initial Training: forty hours, on the job training Initial Training Provided By: [] In-House Training [] State Org~niTation [] National Organization [] Contract Somce [] Other NANI~: 16 PROGRAm: Family Partn~s STAFFING CASELOADS: Staffing Caseload Limits for Providers of Services in the Home: [] Yes [] No SUPERVISION: Supervision for providers of services in the home: Professional: Paraprofessional: Program Coordinator supervises Family Partners (home visitors) Volunteer: Supervisor Reports to: Supervisor to In-Home Service Worker Ratio: 1:5 Child Development Division Director superv/ses the Program Coordinator [ [ REFERRAL SOURCES: [] Department of Social Sen/ices [] Community Service Board [] Department of Health [] Courts [] C~ea [] Schools [] Pdvate, non-profits [] Hospitals [] Pdvate Physician [] Pdvate Counsler [] Word of Mouth [] Self-Referral i PROGRAM: Family Paztuers NAME: 16 FREQUENCY OF EVALUATIONS: [] Monthly [] Quarterly [] Every 6 Months [] Annually [] Other. Evaluations done at the state Ievel; program finds clients cooperate more when the evaluations are done annually. PROGRAM SPECIFICS: Total Number of Unduplicated Clients Served in Most Recent Fiscal Year: July 1, 1994 to June 30, 1995 - 80 families Length of Time Program Has Been Rnnnlng: Two years; program is now beginning its third year. Languages Program Materials are Available in, other than English: None Technical Assistance Your Program Staff Can Offer: Consultation on site and via the phone Technical Assistance Fee: Negotiable NAiVZE: 16 FUNDING SOURCES: [] Federal: PttOG1RAiVh Family Pa_truers Name of Funding Source: [] State: DM'H/v~SAS - Comprehensive Services Act Trust Fund Grant Matching county and ci~ monies [] Foundations: [] Fee for Services: [] Medicaid or other insurance reinbursement: [] Special Evenm: [] Unit~ Way: I COUNTY EXECUTIVE SUMMARY A GF2qDA TITLE: Cove Creek Baseball Park Architectural Review Board Appeal SUBJECT/PROPOSAL/REQUEST: Condition #1 of ARB-F(BP)-95-04 certificate of appropriateness for a building permit. STAFF CONTACT(S): Messrs. Tucker, Ms. McCulley, Ms. Joseph AGENDA DATE: November 1, 1995 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: Th/s project or site development was reviewed by the Architectural Review Board (gaRB) on March 6th, March 10th and March 20th, 1995. A certificate of appropriateness with coaditions, was granted for the site plan ARB-F(SDP)-95-02 on March 20, 1995. At the March 20, 1995 meeting, the ARB deferred action on the building permit. They determined that the basic building concept submitted was acceptable, but they required additional information and suggested the followiag: I) '~No colors other than earth tones should be used on any of the appurtenances proposed, this should include but not be limited to the bleachers." SP-95-03 Oakwood Foundation Charitable Trust was approved by the Board of Supervisors on March 15, 1995. The Special Permit allowed the construction of baseball fields and appurtenances ia the Rural Areas District DISCUSSION: The Architectural Review Board reviewed the building for a certificate of appropriateness on October 2, 1995. The ARB voted unanimously to grant a certificate of appropriateness if the follo-aiag condition was met: I) "The color included in the submission is not acceptable. The paint proposed for use on the concrete masonry unit portion of the concession stanfi and the dugouts should be an earth tone. The color shonkl be closer to bro~vn.' The earth tones would fie the building to the surrounding rural, large tract landscape and make the concession stand and the degouts less visible fi.om the entrance corridor (Route 29N)~ Although there are other single family homes in the rural areas that are white or off white in color, residential use is expected in this zoning district. Because this use requires a special permit, it is not a use one expects to see in the Rural Areas, the ARB believes it does not fit contextually into the Covesv/lle area. The ARB detenmed that the lighter color would draw the eye to the concession stand thereby making the contextual anomaly obvious. The Oakwood Foundation Charitable Trust is appealing the ARB's decision. RECOMMENDATION: Affirm the decision of the ARB due to the fact that this is a use by Special Permit not normally expected ia the rural areas. exsumcov.bos 95.178 ~ELDS / /~)~ /<~ OPE_'N FtELD$ % .- POND ,~ SITE NOI£D~$ SDO~D YIN1D~ '74,MflOO M~Vd M~a~O aAOO k o o 0 COUNTY OF ALBEMARLE Office of Board of Superelsors 401 Mclnti~ Road CharlottesviIIe, Virginia 22902-4596 ~804) 296-5843 FAX (804) 296-5800 October 18, 1995 Chades $ Martin ~Jaltcr F. Perkir~ Mr. Richard E. Carter Taylor, Zunka, Milnor & Carter, 414 Park Street P. O. Box 1567 Charlottesville, VA 22902 Ltd. Re: Cove Creek Building Permit ARB-F(BP)-95-04 Dear Mr. Carter: This will acknowledge receipt of your letter of October 12, 1995, appealing the decision of the Architectural Review Board on the above noted building permit request. This appeal has been scheduled to be heard by the Board of Supervisors on November 1, 1995, at 10:30 A.M. You, or a representative of the applicant, must be present at that time. If I can be of further help, please call 296-5843. Yours truly, Lettie E. Neher, CMC Chief Deputy Clerk LEN:mms cc: Marcia Joseph Printed on recycled paper TA%fI,Ol~., ZIIi,~:KA, ~'IILNOI~ & G~RTF~I~_, LTD. October 12, 1995 Ells W. Carey, CMC Clerk, Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902-4596 RE: Cove Creek Building Permit ARB-F(BP)-95-04 Dear Ms. Carey: Pursuant ~o Section 30.6.8 of the Albemarle County Zoning Ordinance, Oakwood Foundation Charitable Trust appeals the conditions ~o the certificate of appropriateness ss determined by the Albemarle County Architectural Review Board a~d reported by le~eer on October 3, 1995. The applicant requesns a review of the application by the Board of Supervisors, The applicant will be providing information to supporE its appeal, Very truly yours, REC:smw cc: John Grisham, John F. Woods Marcia Joseph (hand delivered) Trustee COUNTY EXECUTIVE SUMMARY AGENDA TITLE: Airport Impact Area Overlay Zoning District (AIA) SUBJECT/PROPOSAL/REQUEST: Request l~y Pleasant Grove Baptist Church To Amend The AIA To Allow Church Extension. STAFF CONTACT, S): Messrs. Tucker, Cilimberg, Kceler AGENDA DATE: November 1, 1995 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: INFORMATION: INFORMATION: At its meeting of September 20, 1995, the Board of Supervisors requested staff to analyze the AIA zone as it relates to the proposed expansion of the Pleasant Grove Church. Current regulation would prohibit expansion because the ehta'ch is located in the "safety area" which is the most restrictive area within the AIA. DISCUSSION: The Pleasant Grove Baptist Church, built Circa 1875, was inventoried by the Virginia Division of Historic Landmarks winch reported that "this typical late nineteen centory rural church building may possess significantinstorical associations and this is recommended potentially elitfible for the National Register" (Attachment A). The church is proposed to be expanded toward the runway and farther into the safety area. Comment has been received from the Virginia Department of Aviation CAttachment B), Federal Aviation Administration ( Attachment C), and Executive Director of the Charlottesville-Albemarle Akport (CHO) (Attachment D). The unanimous opinion of these agencies is that zoning regulations not be relaxed. The church has fried a lawsuit against the City of Charlottesville and the County seeking damages and asking the court to order Coanty epproval of the expansion. The Board of Zoning Appeals has denied the church's request to allow the expansion. Staffhas reviewed the development of current zoning regulations and offers the following comments: Development of the AIA zoning district was in concert with the CHO executive director, CHO consultants, and the (then) Virgima Division of Aeronautics and was based directly on technical issues of air navigation safety. No change has been made to the CHO Master Plan m warrant reconsideration of zoning regulations related to the Safety Area; Since adoption of County regulations, the Code of Virginia has been amended C1989) to include a mandatory requirement that localities adopt an ordinance by July 1, 1991 'Tor the regulation of the height of structures and natural growth for the purpose of protecting the safety of air navigation and the public inveslrnent in air navigation facilities." RECOMMENDATION: Based on the commems of Virginia Department of Aviation, Federal Aviation Administratmn, and Charlottesville-Albemarle Airport in combination with enn'en~ Code of Virginia requirements, staff is unable to identify any factors m support the relaxation of current safety requlreanents for the Airport Impact Area (AIA) Overlay zoning district. It is noted that Bryan Elliott, Executive Director of the Charlottesville- Albemarle Airport Authority ( see Attachment D~ has recommended that the Authority's plans to obtain federal/state building be expedited to relocate the church cc: George Bates Bryan Elliott Amelia MeCulley Larry Davis 95.183 I ! I VIRGINIA DIVISION OF HISTOIilC LANDMARKS IIISTORIC DISTRICI'/BIIIEV SURVEY FORM Count~ Albemarle U.%.O~S. Quad Earl ysville Ih~ildin~aSble Gothic Revival elements Building Date(si 1875 (on tower) I I I I I I [] brick [] ~inglc [] hricktcx J craw~ s_pace 5. Rool I~'pe 0 shed 0 hipped 0 parapeff l~pyramidal? tower only [51 ~lc ~ mansard 6. Roofing Material ~shingm []%omposiNon(asphaN. asbestos, etcJ small rooms and narthex Owood to either aide of tower 0 tile 0 panttle 0 fiat [] gla~etl []gahie O pedimcnO ~shcd ~hipped ;5 prirnar~ Porch st) lc ........ lancet window in tower base ant tn choir across rear, small rooms and narthex to either side medium/large trees along oerinhery Thi~ typical late nineteenth century rural churc~ building may nossess significant historical associations and thus is recommenoee aotentially eligible for the National Register. John C. Haggard KENNETH E WIEGAND Director COMMONWEALTH o/VIRQINIA Department of Aviation 5702 Gulfstream Road Sandstoa Virginia 23150 October 11, 1995 V/TOD - {804) ~36-,3624 FAX - (804) 236-3635 Mr. Bryan O. Elliott, Director of Aviation Charlottesville-Albemarle Airport 201 Bowen Loop Charlottesville, Virginia 22911 Re: Charlottesville-Albemarle Akport (CHO); Pleasant Grove Baptist Church Dear Mr. Elliott: We are in receipt of your memorandum dated September 22, 1995 regarding the proposal to expand the church building at Pleasant Grove Baptist Church. We note that the enlargement of the building is planned to be in the direction of the runway centerline and would increase the exposure of the church to noise, vibration and possible risk. As we had discussed in our prior telephone conversation, I note that the expansion cannot logically take place in the opposite direction away from the centedine as that is the front of the church building and it would also appear that expanding in an "L" fashion would not be practical either. From the drawings that you provided it would appear that, along with the church building, there are four residences within the Runway Protection Zone (Pti'Z) and three of these are within the Runway Object Free Zone (ROFZ). While I note that CHO has purchased an avigation easement over the church, the fact is that none of these buildings should be in the proximity of the centefline and in the ROFZ as they are. The airport and the Department have a significant investment in the zoning ordinance that Albemarle County has adopted to protect the mrport. We would certainly not wish to see this repealed or amended to void any of the protection that it currently provides the airport. While the Church congregation has been living in the current situation for many years and has evidently come to accept it, I am compelled to believe that this congregation would find their worship much more pleasant if it did not have to experience this exposure to close overflights. I.&TTACHMEN~T B I }Page 21 Mr. Bryan O. Elliott October 11, 1995 Page 2 In reviewing your Airport Layout Plan, we have evaluated this situation as it relates to Virginia Aviation Regulations and the Grant Assurances and fred that we are not able to invoke any of these to assist in resolving the issue. The situation that you have is similar to the one at Mountain Empire in Smyth County where there is a resident that has lived under that approach to the airport for many years and has trees that result in a 1,300 foot displacement of the runway threshold on one end. The airport commission needs to condemn the property in order to remove the trees; and it would also like to remove the house on the property: But in actuality, the sponsor could live with an easement based on the 20:1 displaced threshold criteria. This would result in a "zero" displacement at that end. While they would not have the 34:1 which they should have for the localizer approach, they will be able to reclaim all of their lost runway due to the displacement. It is my thought, however, that the condemnation action that may be brought for the easement may very well resuk in the property owner bringing an Inverse Condemnation action against the sponsor. In effect, he would be saying that if you are going to increase the noise and vibration to which I will be exposed, I want you to take my property in fee simple, provide me another residence across the interstate and compensate me for it. And I would not be shocked if the judge or Board of Commissioners would not find this a reasonable solution. While the Authority owns an easement over the property in question, is it reasonable for the owners lo continue to be exposed to increasing levels of noise and vibration and potential for injury or loss of life? Neither the repeal of the zoning ordinance nor disapproval of the building permit will address the real problem of exposure, Ir'would seem that we are "rearranging the deck chairs on the Titanic". I believe that in taking legislative action to repeal or amend the ordinance would be simply delaying what will ultimately have to take place later in order to bring resolution to the problem for all occupants of the RPZ. It is our opinion that the genuine solution to the problem involves the acquisition of the property and the relocation of the Church as well as the other residences in the RPZ and OFZ. If the church building is of paramount impOrtance to the congregation because of historical significance, it may be possible to relocate the building to a new site that is nearby. Lastly, a repeal of, or an amendment to, the ordinance might very well strip the County and the Authority of any protection to deal with future occurrences of new construction. I do not believe that this is in the best interest ofthe airport or its citizens. I hope this has been responsive to you request. If you have questions, or desii-e to meet to discuss this issue further, please do not hesitate to call upon us. Sincerely, CC: James L. Bland, Manager Airport Services Division Robert B. Mendez, FAA, WADO V. Wayne Cilimberg, Albemarle County J CHAPL ALB AIRPORT TEL No.$04-974-7476 Ft~leral AvlaIIO# AdminlMrat|sll Oct 23,95 16:2~ No.O07 P.02 IPage 2I' ~ASRIHGTO~ A].EPORTS DJS3~ICT OFFICE 101 ~e$: Broad Streel:, Suite 300 Folle C}fl~reh, Virginia 22046 ~olcphuua~ 70~/Z8~-2~70 ~a~ 703~8~-23~3 OctoBer 23, 1995 ~r. Bryan O. Charlot~usville-Alb~mar£e ~0~ ~en Loop Charloctosvl~le, V~rglnla RE; Cha~lo~aaville~Albamarle Alrpor~ Runwa~ Pro,eolian Zone and Object ~ae A~e~ (Extension) Dear Hr. Ellio~ This is roa~laoto our un-golag dAscu0siona.concerni~g the expansion o~ :hO Pleasant Grove Baptist Church l.n ~lle dxrection o~ the Runway 3 ascended rm~ay cenCerli~. Aa we previously iadica~ed the ~AA h~e ~o direct control over local zonin5 and ].and uae questions aurroundin§ tile airport, :bmoc a~e s~a~e and local Bore:amen[al iaauea. Included in alt Airport Improvement Program (ALP} Federal Grant, land usc ia cove~ed u~de~ ~he sponsor's (CMO) sea.fence undor acer:ion ~ll(a)(~) o£ the l~8g Airport Ac~ Kha~ appropriate ac~ion, i~cludlng the adoptS.on of zoninZ la~e, has bean or viii be :ake~, ~o ~h0 axten~ reaeonable, to r~atriec the ~$a ~f /and adjacent ~o or iu :ha iumtadia:e vicinity O[ il}la ai:po~: :O &e:ivitie~ and purposes compaCtbl.e vith norlrml airport operations, includt.~E landist and tak6o[£ of aircraf~. Tho assurances mu8~ be related to existin~ and planned land u0es. It ie reco~ni~d :ha~ no~ all airport sponsora have direct Jurisdictional control. However, spoltaors have a voice in ~c a~fsira o~ the community i~ which aha airport development, is under~akan al~d are required, aea minimum, ~o uss ~he bee: effor~ :o asaure proper zestsE or other land use eontrol~ near :he airport, Depandins on the oponsog'a capab~lity, "approprla:e ac:ion" c~mld range from extension of such influence to acquisition o[ lan~ in If s requea~ :o expand the Pleaaan~ Grove Jsap~iet Church im ~ol~arded :he county £or eons~daration~ thc FAR,ill issue an ~dvisory recommendation t,n oppoat, tion co thc pre,anco oi a~y cfi-airport object or ao~ivtty in the vicinity of a public-u~a airpor.t tha~ conflicts ~i:}l an airpor~ planning or design standard or recommenda~ion, gao Atcaahment 'l' for l~l dsfiul~ions. CflflRL flLB AIRPORT TEL No.804-974-7476 Oct 25,95 16:2d No.O07 P.O$ I ATTACHHENT C I CI~AP~L/~LB FIIRPBR~ TEL No.804-974-7476 A?TA¢IB'.tBNT A Oct 23,95 16:2d Na.O07 P.04 -- - [,,;'r'r;.c',-,',;"-r RPZ. (a) While t.t is desirab,le to clear all o|,3eets from the Rl'Z, courses (bu~ ~1o~ club houses) and agricul~ural operation~ (oth~ :hun forestry or livestock far,m) ar~ expressly th~ object fre~ ~r~a ~xtenelon (ac depicted in figure 2-~1. (b) Land uses proMbited irc~ the RPZ are: residencee an~ pieces of pub~t,c easemlfly. (Churches. schools, uuee w~ch ~lmilar concent:ration~ of per,one typify pl~co~ of F~A Studiea of O~].e.~ts mid Activi~i¢!_~ll.J~_e. Vicinity of The FAA policy is to pro~oc,~ ~he pub3.~c ltlv~s:m0nc in tho n~tion~] proposed objects and acCtvi~le~, off ~nd on and publtc-ul~e I~irl,ort., with respect to ~heir effect upon th~ ~afe and efftdant u~ of tho objects need not be obstragCiOlla :o air navigation, as defined in 14 GFR rocoa~andation in oppoaition to th~ pra~ence of any off-airport obJe~t or activity in the vicinity of a public-u~e a~rport ~hat conflict wtgt~ C~fiRLZ~LB fl[RPORT ....... ','lllll!!lilillllllllllllll,ll,"'"'":': AIRPORT Charloltesville/^lbemarl TEL No,804-974-7476 Oct 20,95 16:51' No.O05 P.02 Mr, V. Wayne Cilimberg, Director Department of Planning x, Community Dcvnlopment County of Albemarle 401 Mclntlre Road Charlottesville, Virginia 22902-4596 Re: Pleasant Grove Baptist Church Deal' Wayne: Thank you for allowing the Charlottesville-Aibemarle Airport Authority to provide a summa~ of its position related to the expansion of the Pleasant Grove Baptist Church. As noted on the attached diagram, the Church is located within the designated Runway 3 Protection Zone (KPZ) and Runway 3 Object Free Zone (ROFZ) for the Charlottesville- Albemarle Airport. This structure is located only 1,800 feet from the end of our main rumvay and is the most critical penetration to the aforementioned protective zone~. Because of its proximity to the rumvay and location within our safety zones, the church is subject to the provisions of Paragraph 30.2 oftbe Albemarle County Zoning Ordimmce as well as applicable Federal Aviation Administration (FAA) Standards for the protection and safety of aircra~ operating in dose proximity to the Charlottesville-Albemarle Airport. Ideally, neither the Church nor the adjoining residences would be located in these zones. FAA policy recommends that an airport sponsor obtaining full ~nd clear title to lands lying within these areas and keep the property clear of all objects unless required for air navigation. While the church has been in existence long before the airport was constructed and, to my knowledge has not been impacted by an aircraf~ incident, one cannot'overlook the fact that airport safety zones exist to offer the maximum protection for aircraft, passengers, property and persons on the ground from damages caused by an airerai~ accident, Since the airport opened in 1955, it has grown substantially and is projected to grow further according to our 1994 Master Plan Update. With this projected growth as well as the need to maintain the highest level of operational saf~y for aircraft, property and persons it seems to be prudent, logical, and reasonable to do all within our power to maintain the integrity of'the Albemarle County Airport Impact Area Overlay District by opposing any action which would Oharlottesville-Albemarle Airport Aulhorlty CNfiRLz~LB flIRPORT TEL N0.804-974-7476 Oct 20,95 Mr. Cilimberg Page 2 October 20, 1995 ~6:5f No.O05 ?.03 J ATTACHHENT DI result in,the placement o£any additional structures in these safety zone areas. Our 1994 Master Plan includes a substantial number of projects designixt to enhance safety including a program to acquire fee simple ownership the property lying within our Runway Protection and Obstacle Zones. This land acquisition effort is currently slated to be undertaken between the years 2005 and provides funding for thc acquisition of the church property and the residences lying within the aforernentioned zones. Currently, our short-term capital program gives priority, for safety reasons, to the rehabilitation of the pavement for our main runway and expansion of the graded runway safety area for the south end of the airport, While this fundkn~ sequence has been established with federal/state agencies, the Airport Authority would like to propose that in lieu of modifying the overlay district provisions, we work collectively with Pleasant Grove Baptist Church in an attempt to accde~ate the acquisition/relocation ofthe church structure as suggested by the Virginia Department of Aviation. At the writing of this letter we are attempting to arrange a meeting with representatives of the Church. County, Airport. Authority, FAA and Department of Aviation to discuss together alternatives, project phasing, funding possibilities and all aspects of this proje6't. In pursuing this option, we seek to address the needs of the Church in a timely manner while at the same t'Lrne Preserve the integrity of the County Zoning Ordinancm and aviation safety. In closing, the Airport Authority encourages the County of Albemarle to thoroughly and favorably consider the option of allowing the Airport' Authority to seek appropriate federal/state aid at this time to relocate the chumh and to deny any modifications to the Airport Overlay zoning Ordinance. Sincerely yours, Brya~ ~. Eiliott,F. xec~lve DirectcAr. A.E. pc: Airport Authority Board Members Art Winder, FAA Jim Bland, Virginia Department of Aviation CHARL/~LB AIRPORT TEL No.804-974-~47~ c~ / Oct 20,95 16:51' No.OOS P.OZ~ ZONE August 8, 1995 Dr. George A. Bates 2123 Ivy Road, Suite 207 Charlottesville, VA 22903 Dear Dr. Bates: This is ko ac~-nowledge receipt of your letter dated AUgUSE 3, L995, requesting a review by the Board of Supervisors of the Board of Zoning Appeals' action on AP-95-03. The Board of Supervisors does not have the authorluy to hear appeals of zoning decisions made by the Board of Zoning Appeals. AS stated zn a letter ko you from the Zonzng Administrator, dated July 6, 1995, "Anyone aggrieved by a decision made by the Board can appeal the decision to the Circuit Court of Albemarle County As an alternative, you may petition the Board of Supervlsors for an amendment to Section 30.2.4.~ of the Zoning Ordinance, or you may appear before the Board and ask them co initiate the amendment. The Board of Supervisors would discuss whether to support the amendment. In addition, you may wish to discuss this proposal and process with the Planning Deparumenu przor to taking further action. Should you have any additional questions, please consacu Mr. Larry Davis, the County Attorney, at 972-4067. Sincerely, EWC:mms cc: Larry Davis Amelia G. McCulley V. Wayne Cilimberg Ella W. Carey, Clerk, CMC DR. GEORGE A. BATES ATTORNEY AT LAW ---~'~ '-: -- :-'-' (8~) 979~2~ F~lmlie (804) g7g-3~9 CONatA~..~ No. TE~EC0~_.IE.R lOVeR PAGE DAT ~; - ' · -'t . -""'" . '" ('~i r~ ~ame) ' · o~al Numbe~ n~Pages (inc~din~ this ~ransmlttal sheet)~. , ~ are seBdin~ from a AT&T 7840 Personal Fax. Our Pl~ms~ ~he~k %ransmis~ion after receip~ of las~ pa~e. I~ yO~ dO no% receive all pa~s, or experiance %ransmisSion p~oblsmm, ~d confide~tiai info~ttun i~end~ only fo= ~he use of ~he ~dtvidual or roo~p{~t, ~u ar~ ~r~hy not.{fied that any disse~nation, dlsbrt~tion or ~py of this c~nication i= s~ri~.ty ~ohfbited, If you ~ve ~his ~,unica~ion in error, please i~diaSely no%lgy Ua by %eie~ne re~I1 ~e original ~ssa~e ~o ~ a~ ~ a~ add~ via the U. ~c~, T~ yOU. To: Ella Carey @acva (Ella Carey) From: Larry Davis Subjecn: Re: George Bates Date: 8/9/95 Time: 8:49AM Originated by: Ella Carey @ acva on 8/9/95 8:13AM Replied by: Larry Davis @acva on 8/9/95 8:49AM Ella: You simply need to advise him that you have revzewed his letter and that the Board of Supervisors does non have the authority no hear appeals of zoning decisions made by the Board of Zoning Appeals. The BOS only hears certain appeals made from the Planning Commission. Therefore, it would not be appropriate to schedule the appeal hearmng he has requested. The alternative is to request that the BOS amend the zoning ordinance. If that is his desire, he should specifically requesn the Board to amend the ordinance either by letter or by appearing at an agreeable time to make his request. The BOS would then decide whether To support the amendment. He should probably discuss the proposal and the process with the planning department prior To initiating this requesT. If he has any other questions, he should contact me. 300 E~,e M~i~ S0ree{, lsf Fl. MAI P.O. Bo= thO$ Ch~rlo~¢s,,ill¢, VA 22902-1505 {8041979-PDt0 ¢ 7310} - ?.,-M~ (8041 979-1597 C;ty of Ch~lotte~-,-ilt~ ~]~ Co~b Waist F. Pez~ S~3y H. T~. CMi~ Fl=vanna County Jem=e 1. Greene County H~}~t~ C. Swain October 20, 1995 TO: FROM: RE: Chief Administrative Officers & Lo~-al Elected Officials Bonnie Fronfelter, Legislative Liaison ~ t 996 TJPDC Legislative Program Enclosed please find a draft copy of the 1996 TJPDC Legislative Program. I will be visiting each of your board/council meetings in November to receive initial approval of the legislative program. At their October meeting, the TJPD Commissioners suggested a direct mailing of the legislative program in an effort to give you more lead trine in reviewing the document. The format of this year's legislative program differs somewhat from that of previous years. The policy statements and standing positions vary shghtly from last year. Changes from last year are indicated in bold and underline. Position papers on issues that are relevant to the 1996 General Assembly have been added. I look forward to seeing you at your November meetings. At that time, please be prepared to offer changes, additions and any suggestions to the draft legislative program. EXECUTIVE OFFICE DRAFT Thomas Jefferson Planning District Commission's 1996 Legislative Program IPRIORITIES We oppose efforts which seek to weaken local powers to regulate land uses and protect the community's health, safety and welfare. We support enabling legislation to give localities additional authority to raise adequate local revenues. The State should fund all new mandates and establish a review of current mandates. Whenever possible, localities should be given flexibility in the manner in which tliey meet these mandates. TJPDC POLICY STATEMENTS · & STANDING POSITIONS IN 10 POLICY AREAS GROWTH MANAGEMENT ......................................................................... 3 FINANCE ........................................................................................................ 5 EDUCATION .................................................................................................. 7 ENVIRONMENTAL QUALITY ................................................................... 8 LOCAL GOVERNMENT STRUCTURE AND LAWS ............................... 10 HOUSING ....................................................................................................... 11 PUBLIC SAFETY ............. ~ ............................................................................ 12 TRANSPORTATION .................................................................................... 14 HEALTH AND HUMAN SERVICES ........................................................... 15 ECONOMIC DEVELOPMENT .................................................................... 16 GROWTH MANAGEMENT POLICY STATEMENT~ The Planning District and member governments recognize the importance of a mix of vibrant growing cities and preservation of rural areas. In order to maintain this balance, we support expanded authority through enabling legislation to give local governments the tools to manage growth. We support legislation which would encourage localities to work together on a regional basis. We oppose legislation which would restrict existing authority. STANDING POSITIONS Support PDCs being given the lead role and state funding to develop regional water plans. The state can then use these plans to identify conflicts on planned uses and claims to water resources and act as advisor to the planning district commissions and their affected iurisdictions. The state should also assume the role of arbiter to resolve conflicts between localities to avoid costly legalar~uments. Support state exploration of sustainabledevelopment through the use of incentives for localities to implement approaches to development and planning that use sustainable development principles. Oppose any legislation which would restrict a local government's ability to develop, modify and enforce their comprehensive plan. Support efforts to establish the Virginia Geographic Information Network with start -up costs funded by the state and enlisting the network of PDCs for regional and local analysis~ growth management planning and'dissemination of land use~ demographic and economic data. Oppose any legislatiom under the umbrella of private property protection law, which seeks to weaken local powers to regulateland uses, or requires additional compensation beyond the interpretation of the Fifth Amendment of the U.S. Constitution and Article Section 11 of the Virginia Constitution. Support enabling legislation for local governments to use expanded growth management tools such as Transfer Development Rights (TDRs), Purchase Development Rights (PDRs), impact fees and adequate public facilities ordinances. Support efforts which require state agencies to comply with local comprehensive plans and consider future impact of decisions on the local community during the agency's decision- making process except in cases where agreements exist between localities and state agencies. Support incentives for regional cooperation where the effects of decisions are felt beyond the local level. Support streamlining approval processes for development scheduled for designated growth areas. Oppose legislation to statutorily define vested property rights and provide them in rezonings. Support legislation to strengthen the "standing" laws to allow citizens and municipalities to take action against state agencies when decisions involving air and water quality adversely affect them. Provide opportunity for local governments to initiate rule-making ~n state agencies. Support legislation authorizing local governments to establish reasonable procedures and time limits for the amortization of non-conforming signs. Support an amendment to enable local governments to use the option of permitting zoning inspectors to issue a court summons to an individual who is violating a zoning ordinance. Support an amendment to perm/t, at local option, the Sheriff's department ro remove illegal signs from private property after proper procedures have been followed and the landowner is cited for repemed violations. Support reinstating the July 1, 1998 sunset clause regarding the validity of final subdivision plats for five years. Oppose any effort to cap water and sewer fees or otherwise impose fiscal constraints on the ability of local governments to provide public water and sewer services. FINANCE Il POLICY STATEMENT The Planning District and its member localities recognize that financing government projects should be a partnership' between the state and localities. But we are alarmed at the decreasing level of support from the state, while demands for services increase. With our limited ability to raise funds, we are unable to meet services required by our residents and those mandated by the state. STANDING POSITIONS · Oppose abolishment of the BPOL tax. · Provide equal taxing and borrowing power for counties similar to that of cities. · Oppose any change in the 599 funding formula which would result in a further loss of money to localities with police departments. · Oppose any legislation to increase t,he local share of funding for constitutional officers~ · Provide local governments with ftlnds and/65 taxing authority to meet their infrastructure needs.. · Oppose any efforts to restrict the use of current local revenue sources. · Expand local authority to generate additional revenue resources. · Provide enabling legislation to allow for the increase of the roll back period for land use tax from five to ten years. · Support legislation to provide for local flexibility of real estate tax collection to prevent long term homeowners from being priced out of their primary homes due to rapid inflation. Such measures could include homestead exemption, circuit break, er, refund of excessive tax based on sliding scale and classification allowing different rates for different values of property. · Return a portion of state lottery funds-to localities for infrastructure needs. · Support fully funding state aid to public libraries and the Virginia Cooperative Extension Service. Oppose any change in the definition of manufacturing resulting in a loss of funds in local tax collections. Support enabling legislation permitting local governments to set mmamum acreage requirements for land use value assessments for agricultural, horticultural, forestal or open space real estate. Support giving localities the option of eliminating land use value taxation in commercial, industrial and planned residential zoning classifications. Support closing the loopholes on sales tax exemptions and a speedier review of already granted sales tax exemptions. Support enabling legislation to allow localities to set their own tax collection dates to conform more closely to budget cycles. Provide for local taxing of computers and other personal property used for administrative and research purposes in a manufacturing business. EDUCATION POLICY STATEMENT The Planning District and its member localities share the State's interest in educational excellence. Yet local resources for funding education are limited and shrinking. Adequate state funding and equity needs to be achieved for education in a way that does not diminish present funding levels. STANDING POSITIONS · Provide full funding of state's current share for standards of quality and all other categorical education mandates. · Provide localities with funds and/or revenue sources for school construction and equipment, and ensnre literaryfimds are used solely for local school construction and equipment. · Oppose binding arbitration in grievance procedures for school board employees mandates~ · Oppose all additional educational mandates in which 100 % of the costs are not covered by the state. · Allow local governments to appeal to the Department of Education for additional monies if they feel funding formulas do not accurately reflect the true wealth of the locality. · Support efforts to allow localities to use state-approved standardized site plans and specifications for new school construction · Support a change in the current calculation afthe composite index for basic school aid that recograzes counties that use the land use value assessment program. · Support a study of the methodology for calculating the costs of SOQ, with emphasis on whether the methodology fairly reflects the actual costs of meeting the standards. ENVIRONMENTAL QUALITY' i POLICY STATEMENT The Planning District and its member localities recognize the importance of reducing solid waste through an integrated management program that stresses source reduction, reuse and recycling But the reality of implementing a program and meeting.state mandates on landfills is costly. Therefore, the state must do its share to help localities meet these mandates. STANDING POSITIONS Fund state mandated laws and regulations regarding solid waste, particularly the upgrading oflandfJls to standards. Support landfill regulations that are performance-based and provide local governments with flexibility to adapt landfill designs to site-specific conditions. Have state assume lead role in the development of markets for recyclables, increased source reduction, reuse of materials and public education programs to promote recycling. Suppor~ proh/biting the use of nonbiodegradable containers whenever safe, degradable alternatives are available. Support state prov/ding incentives for plastic recycling which has proven too costly for some localities. Support encouraging participants of the waste tire fund program to reuse rather than burn waste tkesl Currently it pays more to burn than reuse these tires. Support enabling legislation to grant local governments the authority to grant incentives for businesses that promote recycling, manufacturers who use recycled materials, manufacturers who recycle and manufacturers that turn waste into recycled products. Support funding of the the Solid Waste Revolving Fund which would give grants and other financial incentives for regional waste management solutions. Encourage state agencies, institutions and private emerprise to contribute their recyclables to the local and regional waste stream. Federal and state laws should preserve local authority, at local option, for flow control of solid waste managed at publicly-owned facilities. Support cost effective container deposit/packaging legislation. Support state institution of incentives to encourage source reduction. Support financial incentives to work regionally on waste management solutions. Support legislative study on impacts of federal and state solid waste mandates on localities, Support recycling enterprise zones as a means of encouraging market development, Support funding of the Virginia Outdoor Fund. Support state grant and loan programs to assist localities in improving facilities for water and wastewater treatment and solid waste disposal facilities. Support permanent fimding of the State's Conservation and Recreation Fund. LOCAL GOVERNMENT STRUCTURE AND LAWS / POLICY STATEMENT Since so many governmental actions need to take place at the local level, a strong local government system is essential. To ensure these needs are being met, local governments must have the freedom and tools to carry out their responsibilities. STANDING POSITIONS Support mending 15.1-510 "General powers of counties" and 15.1-839 "General grant of powers" (municipalities) to provide that authority delegated to local government by the General Assembly be broadly construed, equal revenue resources between cities and counties for the purpose of easing local reliance on real estate taxes, establish uniform local government powers, de~elop strategies for intergovernmental solutions and clarify state and local responsibilities. Strengthen sovereign immunity doctrine so that protection applies equally to all forms of local government -- counties, cities and school boards. Oppose an amendment of the Freedom of Information Act (FOIA) to require production of customized computer records. Allow local governments to continue to charge reasonable fees as cost reimbursement for those records wl'fich currently must be produced by local government under tkis Act. Support enabling legislation toauthorize:localities to use design-and.build contracts for all types of general governntent and school buildings. Support legislation to ahgn Constitution of Virginia w/th the National Voter Registration Act provisions passed by Congress in 1993. Support enabling legislation to allow governing bodies of local governments to call for a referendum on the direct election of school boards. Support amendment to Virginia Code to standardize the number of days advanced notice required for local government public hearings in all cases where the number is specified. HOUSING POLICY STATEMENT The Planning District and its members believe all Virginians, particularly those of low and moderate income should live in safe, decent and affordable housing. STANDING POSITIONS · Support low income housing initiatives by continuing state funding of the Housing Partnership Fund. · Support efforts to maintain home ownership for the at-risk population. · Support incentives for re~onal initiatives to provide affordable housing. · Provide funding for alternatives to water and septic systems. · Support enabling legislation to allow regional planning and zoning to meet regional affordable housing needs t~ough revenue tools such as revolving Ioan funds, tax increment financing and real estate transfer taxes. · Support legislation to lower the amount requirer} (currently $1,000,000) to allow real estate escrow account interest to be donated to the Virginia Housing Partnership Fund. · Provide funding for construction or rehabilitation of transitional housing, single .room occupancy and group homes · Support funding for state indoor plumbing program. · Support increasing rental rehabilitation assistance. · Support low interest mortgages for homeowners. · Oppose state preemption of local zoning to convert single family residences to include an accesso~ dwelling unit. · Support means of encouraging loan programs to work with families, especially those with special needs, in obtaining homeowner loans for affordable housing in their own locality rather than require that they relocate to a neighboring locality. PUBLIC SAFETY STANDING POSITIONS · Continue to work on relieving local jails of state felons. · Continue state funding of local and regional jail construction. · Fully fund per diem reimbursement for all state prisoners in local and regional jails including those awaiting trial or sentencing. · Support expansion of state diversion efforts. · Support a change in the jail funding formula to require that the state reimburse localities for half the cost within a five-year amortization schedule. · Support changes to the method used by the Compensation Board to take into account geographic area when computing the number of deputies. Support administrative funding for Community Criminal Justice Boards. Management ,of such decentralized programs is costly to localities and ieopardizes services. Oppose funding discrimination which penalizes ongoing programs in non-profits for develoning comprehensive plans. · _ Support full funding for regional iuvenile detention centers as requested by local governments acting as a region. · Support efforts aimed at prevention of crime, such as youth initiatives to prevent juvenile delinquency and rehabilitation of youthful offenders, as well as special funds for safety in public schools. · Support amending Section 32.1-45.1 to include public safety personnel along with health care providers under the "deemed consentS' provision, i.e. without a court order. · Support state funding for DARE programs. · Oppose state assuming control over regional jails. · Oppose any actions, legislative or administrative, which would defund dispatchers currently funded by the Compensation Board whether or not E911 has been fully initiated in a locality. ,...., Support legislation to increase accountability ofjuverdle offenders. · Support preventative measures to address crime, including intensive cooperative efforts in neighborhoods. · Support additional funding for emergency shelters for abused women, sexual assault centers and hotlines. STANDING POSITIONS Op.pose any change in funding formulas that would result in a reduction of money for this region. Strengthen requirements and oversight of VDOT to make sure it considers land use impacts and complies with local comprehensive plans before proceeding with highway projects (see position under Growth Management.) Provide enabling legislation for transportation districts which would allow for inclusion of state universities and colleges. Fund regional transportation planning and local transportation needs recognizing statewide significance of all aspects of transportation. Suppor[ additional transportation revenues to meet critical needs. Oppose any reduction in money for our region including transit, rideshare and other traffic reduction activities. Support measures that will increase that available funding to meet the transportation needs in the next twenty years. Oppose any increase in the local share for construction of secondary roads. Suoporl;tlh)~in.,,t:ounlic~lou~em((it~, r~)l)set J(t;l~ i( I(If nd Illin [iolTsl'~)l (lehl se~'~ ~¢'c. ~JS ilecmille(l ~ ilh url):m to;Jcl hmtling. Support flexible use of urban construction and maintenance funds. tHEALTH AND HUMAN SERVICES STANDING POSITIONS · Support continuing current levels of state support for human service programs. Comprehensive Services Act: * Support a comprehensive study of local administrative costs associated with CSA. * Support state funding to cover local administrative costs and to cover mandated and non-mandated court-ordered placement of children. * Support development of a forecasting model to annually predict caseloads. ~ Support legislation and/or administrative action to cap fees charged localities by residential placement providers. Support continued federal and state funding for Medicaid and integration of all Medicaid funding for MHMRSAS at the local level through Community Service Boards. Continue state funding of indigent care Ensure adequate sanitarian staff levels in local h~alth departments. Support continued funding of the "Opporturdty Knocks" Program. Oppose additional local responsibility for service delivery oflong-term care. ECONOMIC DEVELOPMENT STANDING POSITIONS i Support broadening of the Main Street Program in the Department of Historic Resources to include more urban jurisdictions. Support a Commonwealth Economic Strategic Plan that indicates new marketing initiatives and financial incentives to enhance industrial recruitment efforts for the Commonwealth and its local governments. Support legislation to create a Neighborhood Reinvestment Partnership between state and local governments that would provide economic stimulation for inner cities. Support continued funding of the CORD Program. Support investment in the GIS system for economic development research. Support broadening eligibility for participation in the State Enterprise Zone Program by new and existing businesses, as well as smaller businesses. Support creation of Urban Business Site Assembly and Clearance Fund to allow state funds to be used to convert obsolete commercial and industrial areas to be more active business zones. Suppor~ creation of State Economic Development Board to assure continuity in economic development from administration to administration. Support allowing local governments to temporarily vary tax assessment ratios to give short term benefits to new businesses. Support regional approaches to economic development. Support funding of the shell building site program. Minimum size requirements for shell buildings should be flexible to fit the needs of a locality. Support recognition of tourism as a pollution-free, tax-positive industry. Encourage additional funding for promotion of tourism internationally, nationally and statewide. Support expanded flexibility for industrial access road programs to help localities develop industrial parks. SENA TOR/DELE GA TE SENATE/HOUSE BILL # Legislative Position of TJPDC Charlottesville and the Counties of Albemarle. Fluvanna, Greene, Louisa and Nelson BPOL TAX The Planning District and its member localities oppose abolishment of the BPOL tax; Background: In 1995 the General Assembly defeated the Governor's proposal to repeal the BPOL tax. Also failing in 1995 were recommendations from a two-year study commission headed by Delegate Brickley to create a statew/de uniform model BPOL ordinance. Although many localities have opted to enact some of the reforms suggested by Brickley's study committee, the business community continues ro press for repeal of the tax. There is. however, no indication that the business community_or the Administration are willing ro propose an acceptable revenue replacement. Issues: Replacement of growing revenue source with a fiat subsidy is no~ revenue-neutral Complaints concerning the tax come mostly from large corporations Removing $300 million plus from the General Fund = cuts in other streams of Aid to Localities Fiscal Impact: (1995 BPOL Tax Revenues) Albemarle County: $4,120,000 Charlottesville: $2,908,875 Greene County: $ 101,500 Town of Louisa: $ 78,000 Town of Mineral: $ 10,600 Nelson Coumy: $ 24,000 Town of Scottsville: $ 30,000 Recommendation: Oppose any legislation that proposes a repeal of the BPOL tax that is not revenue-neutral over time on a locality-specific basis; alternatives that are not revenue-neutral should NOT be considered. SENATOR/DELEGATE SENATE/HOUSE BILL# Legislative Position of TJPDC. Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson CHARTER SCHOOLS The Planning Distric and its member localities oppose legislation to permit the creation of charter schools. However, we support relaxation of rules and regulations to allow flexible implemcmtation of accreditation standards. Background: Two major studies exploring education policies have met in 1995 -- The Governor's Commission on Champion Schools and the Joint Legislative S~bcommittee Studying Charter Schools. Officials from Charlottesville City Schools testified before the legislative subcommittee on September 12 concerning the city's innovative practices with alternative schools~within the current state framework. Charter schools are autonomous public schools controlled by the local initiating group and are relieved of some state and local controls and mandates, Charter schools are still subject to federal laws affecting education but would be granted a waiver from some state and local regulations. As with other public schools, tuition could not be charged. Thirteen other states have passed charter school-type legislation. In 1995, legislation sponsored by the Governor's Commission on Champion Schools to create char~er schools failed. [IssIIeS: Mechanisms for flexibility in public schools already exists and the State Department of Education has approved all such requests Admission standards could prevent low-achieving students or disabled students from attending Funding mechanisms have not been discussed in any detail by the study commiuees Removes focus on improvement of all public schools Regional charter schools less feasible in rural areas, resulting in widening of disparity gap [Fiscal Impact: Unknown Recommendation: Support relaxation of state rules and regulations in meeting accreditation standards to allow for more innovative local programs. Support further stud~, of the charter schools issue including more in depth fiscal SENATOR/DELEGATE SENATE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and &e Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson COMPOSITE INDEX The Planning District and its member localities support use of the composite index in determining local share of educational funding. However, because the formula dictates rigidity in determining local share, several member localities receive undue ratings of wealth based on factors that localities are unable to tap as revenue. Background: I'he composite index is a calculation of local ability to pay based on local real estate values, local adjusted gross income and total state adjusted gross income, local and state average daily membership in public schools and taxable retail sales. _[s s ll e $ : I Composite index does not recognize counties that use the land use value assessment programs. Using local adjusted gross income as a factor penalizes localities with a concentration of wealthy persons and no means by ~x~ch to capture revenue from such income. No consideration is made for ratios o£ artificially high property ;~alues and lower than average gross incomes. No state appeals process exists for localities to air such problems. 1996-98 Composite Index: Albemarle: .6075 Charlottesville .5442 Fluvarma .3761 Greene .3073 Louisa .6776 Nelson ,4873 Wore: Louisa ranks 6th, Albemarle 9th, and Nelson 17th of Virginia's 95 counties in loca ability to pay. Recommendation: Support changes in administration of the composite index to resolve inequitable treatment of certain localities' numeric wealth. Support a mechanism for appealing to the State Departmem of Education concerning the composite index. Support a change in the formula to account for land use taxtation programs. Oppose any change in the formula (hat resulfs in cost-shifting m localities. SENA TOR/D ELE GA TE SENATE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson DISTRIBUTION OF LOTTERY PROFITS TO LOCAL GOVERNMENTS The Planning District and its member localities support a return in lottery profits to localities if such an action does not jeopardize the current levels of funding in "Aid to Localities" from the General Fund. We oppose any distribution of lottery profits that (1) penalizes local governments that do not collect a local BPOL tax (2) relies solely on points of sale for its distribution formula (3) does not consider the composite index in its distribution formula. Background: When the lottery was proposed, it was then suggested that lottery profits would be earmarked for education and any additional profits would be returned to localities. During the 1995 General Assembly session, Governor Allen proposedrepealing the BPOL tax and phasing out the $300 million a year loss in revenue with local government subsidies to come from lottery profits. Local ovemmems rejected the notion that this was a revenue-neutral approach as General Fund cuts to pay for such a subsidy would undoubtedly come, at least in parr, from "Aid to Localities."~ ISSlles: Reductions in other programs would have to occur for nearly $300 million in state general funds to be given to local governments. Several localities in tiffs region would be penalized for not collecting a BPOL tax were lottery profits used to subsidize the phase-om of BPOL.. Local governments should be involved in any proposal to return lottery profits to localities to arrive at an appropriat formula for distributing the funds. Lottery(Points SaleSof sale)BY Locality in FY 95: Albemarle $5,598,138 Charlottesville $7,427,839 Fluvarma $1,419,505 Greene $1,298,212 Louisa $3,688,820 Nelson $1,766,081 Recommendation: Support a return of lottery profits to local governments only if a locality breakdown is provided which offers a reasonable and sound rationale for distributing the money. Oppose a return of lottery profits that rewards those localities collecting the BPOL tax and penalizes more rural localities. SENATOR/DELEGATE SENATE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Flw~anna, Greene, Louisa and Nelson LONG-TERM CARE The Planning District and its member localities opposes any funding shift from the state to local governments for aging, disability or long-term care services. Administrative costs should be covered by the state. Local governments need flexibility in establishing Focal councils in order to use existing agencies for such initiatives. Any consolidation of long-term care services by the state is premature given the federal initiatives under in Congress. Background: A two-year study of the consolidation/coordination of long-term care and aging services was completed in September by the Advisory Committee on Aging, Disability, and Long-Term Care Services. This f'mal report has been forwarded to Kay Cole James, SecretaD' of Heatth and Human Resources. After reviewing the report, S,ecmtary James will present her own report and recommendations, likely to be based on the above report, to the Joint Commission on Health Care in November. A point of major focus of the advisory committee over the last year has been the role and responsibilities of long-term care coordinating councils. After receiving a great deal of concern from local governments on these "councils", the committee clarified that local councils would not be responsible for "consumer outcomes." Furthermore, the committee's report emphasizes local fiexibiliry to utilize an existing agency (such as Area Agency on Aging) for the councils and states that local governments should not be required to provide additional resources. Ilssues: { Any recommendations issued by the state on local long-term care councils should serve only as blueprints and offer flex/bility in implementation. The coordinating mechanism for long-term care will be put into place with a stated assumption that localities or member agencies will share the burden of any administrative COSTS. No examples in the advisory committee's report suggest how the delivery of long-term care services will be improved The advisory committee was unable to define population to be included in this proposal. Children under 18 will not by included in this proposal, but undecided on poople with disabilities without Medicaid benefits. Costs and local contributions not seriously addressed in the report. Recommendation: Action on consolidation of long-term care services should be postponed in light &federal changes in Medicaid as well as inadequate study of the potential costs and loe~lwontributions of this proposal. Local coordinating mechanisms, if implemented, should be done on a pilot b~}~g anly. SENATOR/DELEGATE SENATE/HOUSE BILL # Legislative Position of TJPDC; Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson TUITION FOR SUMMER GOVERNOR'S SCHOOLS The Planning District and its member localities believe there should be parity in the tuition paid by public and private students to attend the summer Governor's Schools. Background: Until this year, public school divisions were not charged tuition for students attending the summer Governor's Schools. During the past session of the General Assembly, the Governor's proposed budget eliminated funding for the foreign language academies. The legislature restored this fi~nding, but put in place charges for the tuition for students attending the summer Governor's Schools. The school divisions are charged ttfitian baSed on their local composite index. Private schools, however, are charged 50 percent of the tuition. The result is that a public school division in a high composite index locality is charged up m 80 percent of the ttfition, while a private school is charged 50 percent. Issues: Three of six localities in our region are currently required to pay more than 50 of tuition costs based on their composite indices. Public school divisions should pay based on their local composite indices only when their index is tes~han 50 percent. ~ z Tuition charged for public schoo students to attend summer Governor's schools should be capped at 50 percent in accordance with the limit set for private school students. Composite Indices 1996~98: Albemarle: .6075 Charlottesville: .5442 Fhivarma: .3761 Greene: .3073 Louisa: .6776 Nelson: .4873 Recommendation: Support a cap on the local match for public students to attend summer - Governor's Schools at 50 percent. Support application of local composite indices for local tuition matches if the local composite index is less than 50 15ercent. SENA TOP/DEL E GA TE SENATE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson WELFARE REFORIVI The Planning District and its member localities suppoi't welfare reform measures in which the state fully funds implementation costs such as day care, additional caseworkers, healthcare coverage, etc. In addition, we support added local regulatory flexibility instead of a "one size fits ali approach". Background: The Virginia Independence Program (VIP) went into effect statewide July 1. Components include requirements that children in AFDC families regularly attend school and receive immunizations, that mothers on AFDC attempt to identify fathers and that AFDC mothers under 18 live in a supervised setting and stay in school. Failure to comply with these requirements results in a loss of AFDC benefits. The Virginia Initiative for Employment, not Welfare (VIEW) is being phased in regionally. Componems include a requirement that participants sign a personal responsibility statement and within 90 of signing the agreement must find work either in the private sector or by being placed in subsidized jobs or community work experience positions. Some education and job training components are included. AFDC benefits run out in 24 months and participants cannot reapply for benefits for 2 years. Neither program has been in effect long enough to measure fiscal or administrative impacts. Congressional initiatives could consolidate funding for states into block grants and place further restrictions on requirements of the new state programs. Ilssues: Adequate funding for the program and support services New unfunded mandates, especially in the job training ai'ea Local governments acting as employers for community service positions if private sector jobs do not materialize Lack of flexibility in using funds to cater program to locality-specific needs Emergency assistance costs for people cut from public assistance will undoubtedly rest with localities Recommendation: Support adequate funding for welfare reform with an emphasis on the job training component and day care services. Oppose any further prescriptive laws that diminish local flexibility. Delay any further initiatives in welfare reform until results from VIP and VIEW can be adequately measured. SENATOR/DELEGATE SENATE/HOUSE BILL # Legislative -Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson WELFARE I~EFORM The Planning District and its member localities support welfare reform measures in which the state fully funds implementation costs such as day care, additional caseworkers, healthcare coverage, etc. In addition, we support added local regulatory flexibility instead of a "one size fits all approach". Background: The Virginia Independence Program (VIP) went into effect statewide July 1. Components include requirements that children in AFDC families regularly attend school and receive immunizations, that mothers on AFDC attempt to identify fathers and that AFDC mothers under 18 live in a supervised setting and stay in school. Failure to comply with these requirements results in a loss of AFDC benefits. The Virginia Initiative for Employment, not Welfare (VIEW) is being phased in regionally. Components include a requirement that participants sign a personal responsibility statement and within 90 of signing the agreement must find work either in the private sector or by being placed in subsidized jobs or community work experience positions. Some education and job training components are included. AFDC benefits run out in 24 months and participants cannot reapply for benefits for 2 years. Neither program has been in effect long enough to measure fiscal or administrative impacts. Congressional initiatives could consolidate funding for states into block grants and place further restrictions on requirements of the new state programs. I ssues: Adequate funding for the program and support services New unfunded mandates, especially in the job training area Local governments acting as employers for community service positions if private sector jobs do not materialize Lack of flexibility in using funds to cater program to locality-specific needs Emergency assistance costs for people cut from public assistance will undoubtedly rest with localities Recommendation: Support adequate funding for welfare reform with an emphasis on the job training component and day care services. Oppose any further prescriptive laws that diminish local flexibility. Delay any further initiatives in welfare reform until results from VIP and VIEW cAn be adequately measured. SENA TOR/DEL E GA TE SENATE/HOUSE BILL # Legislative Position of TdPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson BPOL TAx The Planning District and its member localities oppose abolishment of the BPOL tax. Background: In 1995 the General Assembly defeated the Governor's proposal to repeal the BPOL tax. Also failing in 1995 were recommendations from a w~o-year study commission headed by Delegate Brickiey m create a statewide uniform model BPOL ordinance. Although many localities have opted to enact some of the reforms suggested by Brickley's study committee, the business community continues to press for repeal of the tax. There is, however, no indication that the business community or the Administration are willing to propose an acceptable revenue replacement. Issues: Replacement of growing revenue source with a flat subsidy is not revenue-neutral Complaints concerning the tax come mostly from large corporations Removing $300 million plus from the General Fund = cuts in other streams of Aid to Localities Fiscal Impact: (1995 BPOL Tax Revenues) Albemarle County: $4,120,000 Charlottesville: $2,908,875 Greene County: $ 101,500 Town of Louisa: $ 78,000 Town of Mineral: $ 10.600 Nelson County: $' 24.000 TownofScottsville: $ 30,000 Recommendation: Oppose any legislation that proposes a repeal of the BPOL tax that is not revenue-neutral over time on a locality-specific basis; alternatives that are not revenue-neutral should NOT be considered. SENA TOR/DELE GA TE SENATE/HOUSE BILL# Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson CHARTER SCHOOLS The Planning Distric and its member localities oppose legislation to permit the creation of charter schools. However, we support relaxation of rules and regulations to allow flexible implememtation of accreditation standards. Backgroun& l~wo major studies exploring education policies have met in 1995 -- The Governor's Commission on Champion Schools and the Joint Legislative Subcommittee Studying Charter Schools. Officials from Charlottesville City Schools testified before the legislative subcommittee on September 12 concerning the city's innovative practices with alternative schools within the current state framework. Charter schools are autonomous public schools controlled by the local initiating group and are relieved of some state and local controls and mandates. Charter schools are still subject to federal laws affecting education but would be granted a waiver from some state and local regulations. As with other public schools. tuition could not be charged. Thirteen other states have passed charter school-type legislation, In 1995, legislation sponsored by the Governor's Commission on Champion Schools to create charter schools failed. lssues: Mechanisms for flexibility in public schools already exists and the State Department of Education has approved all such requests Admission standards could prevent Iow-achieving students or disabled students from attending Funding mechanisms have not been discussed in any detail by the study committees Removes focus on ~mprovement of all public schools Regional charter schools less feasible in rural areas, resulting in widening of disparity gap Fiscal Impact: ] Unknown Recommendation: Support relaxation of state rules and regulations in meeting accreditation standards to allow for more innovative local programs. Support further study of the charter schools issue including more in depth fiscal SENA TOR/DELE GA TE SENA TE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson COMPOSITE INDEX The Planning District and its member localities support use of the composite index in determining local share of educational funding. However, because the formula dictates rigidity in determining local share, several member localities receive undue ratings of wealth based on factors that localities are unable to tap as revenue. Background': The composite index is a calculation of local ability to pay based on local mai estate values; local adjusted gross income and total state adjusted gross income, local and state average daily membership m public schools and taxable retail sales. J[S S l~l e s : Composite index does not recognize counties that use the land use value assessment programs. Using local adjusted gross income as a factor penalizes localities with concentration of wealthy persons and no means by which to capture revenue from such income. No consideration is made for ratios of artificially high property values and lower than average gross incomes. No state appeals process exists for localities to air such problems. 1996-98 Composite Index: Albemarle: .6075 Charlottesville .5442 Fluvanna .3761 Greene .3073 Louisa .6776 Nelson .4873 Note: Louisa ranks 6th, Albemarle 9th, and Nelson 17th of Virginia's 95 counties in local ability to pay. Recommendation: Support changes in administration of the composite index to resolve inequitable trealxnent of certain localities' numeric wealth. Support a mechardsm for appealing to the State Department of Education concerning the composite index. Support a change in the formula to account for land use taxtation programs. Oppose any change in the formula that results in cost-shifting to localities. SENATOR/DELEG,4 TE SENATE/ItOUSE BILL # Legislative Position of TJPDC, Charlottesville card the Counties of . dlbemarle, Fluvanna, Greene. Louisa and Nelson DISTRIBUTION OF LOTTERY PROFITS TO LOCAL GOVERNMENTS The Planning District and its member localities support a return in lottery profits to localities if such an action does not jeopardize the current levels of funding in "Aid to Localities" from the General Fund. We oppose any distribution of lottery profits that (1) penalizes local governments that do not collect a local BPOL tax (2) relies solely on points of sale for its distribution formula O) does not consider the composite index in its distribution formula. Background: When the lottery was proposed, it was then suggested that lottery profits would be earmarked for education and any additional profits would be returned to localities. During the 1995 General Assembly session, Governor Allen proposed repealing the BPOL tax and phasing out the $300 million a year loss in revenue with local government subsidies to come from lottery profits. Local overnments rejected the notion that this was a revenue-neutral approach as General Fund cuts to pay for such a subsidy would undoubtedly come, at least in part, from "Aid to Localities." Ilssues: Reductions in other programs would have to occur for nearly $300 million in state general funds to be given to local governments. Several localities in this region would be penalized for not collecting BPOL tax were lottery profits used to subsidize the phase-out of BPOL. Local governments should be involved in any proposal to return lottery profits to localities to arrive at an appropriate formula for distributing the funds. Lottery Sales By Locality in FY 95: (Points of Sale) Albemarle $5,598,138 Charlottesville $7,427,839 Fluvanna $1,419,505 Greene $1,298,212 Louisa $3,688,820 [ Nelson $1,766,081 Recommendation: Support a return of lottery profits to local governments only if a locality breakdown is provided which offers a reasonable and sound rationale for distributing the money. Oppose a return of lottery profits that rewards those localities collecting the BPOL tax and penalizes more rural localities. SENA TOR/DELEGATE SENA TE/HOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Flwaanna, Greene, Louisa and Nelson LONG-TERM CARE The Planning District and its member localities opposes any funding shift from the state to local governments for aging, disability or long-term care services. Administrative costs should be covered by the state. Local governments need flexibility in establishing local councils in order to use existing agencies for such initiatives. Any consolidation of long-term care services by the state is premature given the federal initiatives under in Congress. Background: A two-year study of the consolidation/coordination of long-term care and agmg services was completed in September bythe Advisory Committee on Aging, Disability, and Long-Term Care Services. This final report has been forwarded to Kay Cole James, Secretary of Health and Human Resources. After reviewing the report, Secretary James wilt present her own report and recommendations, likely to be based on the above report, to the Joint Commission on Health Care in November. A point of major focus of the advisory committee over the last year has been the role and responsibilities of long-term care coordinating councils. After receiving a great deal of concern from local governments on these "councils", the committee clarified that local councils would not be responsible for "consumer outcomes." Furthermore, the committe6's report emphasizes local flexibility to utilize an existing agency (such as Area Agency on Aging) for the councils and states that local governments should not be required to provide additional resources. Ilssues: Any recommendations issued by the state on local long-term care councils should serve only as blueprints and offer flexibility in implementation. The coordinating mechanism for long-xerm care will be put into place with a stated assumption that localities or member agencies will share the burden of/my administrative costs. No examples in the advisory committee's report suggest how the delivery of long-term care services will be improved The advisory committee was unable to define population to be inctuded in this proposal. Children under 18 will not by included in this proposal, but undecided on people with disabilities without Medicaid benefits. Costs and local contributions not seriously addressed in the report. Recommendation: Action on consolidation of long-term care services should be postponed in light of federal changes in Medicaid as well as inadequate study of the potential costs and Local contributions of this proposal. Local coordinating mechanisms, if implemented, should be done on a pilot basis only. SENA TOR/DELE GA TE SENATE/ItOUSE BILL # Legislative Position of TJPDC, Charlottesville and the Counties of Albemarle, Fluvanna, Greene, Louisa and Nelson TUITION FOR SUMMER GOVERNOR'S SCHOOLS The Planning District and its member localities believe there should be parity in the tuition paid by public and private students to attend the summer Governor's Schools. Background: Until this year, public school divisions were not charged tuition for students attending the summer Governor's Schools. During the past session of the General Assembly, the Governor's proposed budget eliminated funding for the foreign language academies. The legislature restored this funding, but put in place charges for the tuition for students attending the summer Governor's Schools. The school divisions are charged tuition based on their local composite index. Private schools, however, are charged 50 percent of the tuition. The result is that a public school division in a high composite index locality is charged up to 80 pement of the tuition, while a private school is charged 50 percenT. Issues: Three o£six localities in our region are currently required to pay more than 50 of tuition costs based on their composite indices. Public school divisions should pay based on their local composite indices only when their index is less than 50 percent. Tuition charged for public school students to attend summer Governor-'s schools should be capped at 50 pement in accordance with the limit set for private school students. Composite Indices 1996-98: klbemarle: .6075 2harlottesville: .5442 Fluvanna: .3761 Greene: .3073 Louisa: .6776 Nelson: .4873 Recommendation: Support a cap on the local match for public students to attend summer Governor's Schools at 50 percent. Support application of local composite indices for local tuition matches if the local composite index is less than 50 percenL Region 2 Region $ VIRGINIA ASSOCIATION OF COUNTIES 1001 East Broad Street · Suite LL 20 · Richmond, Virginia 23219-1928 · (804) 788-6652 a fax (804) 788-0083 MEMORANDUM ro: County Officials FROM: James D. Campbell VACo Executive Director DATE: October 3, 1995 rE: The Urban Partnership he Urban Partnership is a group of about 17 cities and urban counties (Arlington, Fairfax, Chesterfield and Roanoke counties) business representatives from each of those locations, md the State Ch_,a[n_ _b~_.r of Commerce, that has been working for t5 months to fred ways to mprove Virginias competitiveness (in economic development). The solutions identified tare centered on regional cooperation, public-private partnerships, and the philosophy that .olutions needed to be "win-win" rather than divisive. ['he parteership's board includes the mayor, manager, and on~ or two business epmsentatives from each locality, and the President of the State Chamber of Commerce 'who is the co-chair of the partnership along with Hampton Mayor James L. Eason). ['he final report, adopted by the Urban Partnership Board on September 28, and a summary of the recommendations, is attached hereto for your review and information. Ne expect a request for VACo's endorsement of the Urban Partnership report to be Drought before the VACo membership at our annual meeting next month. The Urban Partnership's Summary of Recommendations September 28, ! 995 REGIONAL DEVELOPMENT INCENTIVE Recommendation Establish legislative authority for a Regional Development Incentive Fund of approximately $200,000,000. STRUCTURAL OPTIONS Recommendations Create a dependent city ("Class A~) as an option for cities less than 125,000 population. Allow voluntary agreements (tax base sharing, growth sharing, and revenue sharing) among all localities. Allow counties to enter into tax base sharing, revenue sharing, .or growth sharing agreements without the requirement of a referendum. Cities currently are not required to have a referendum to enter into such agreements. Local governments that consolidate, merge, or form a re~onal government would not be penalized but rewarded through extending the duration of favorable State aid and the most beneficial local index for various State aid formulas. 5. Provide that a majority vote in the proposed territory of a consolidated locality would be required before approval of a consolidation if agreed to by each affected locality. NEIGHBORHOOD SOLUTIONS Principle Recommendations Establish a statewide non profit corporation dedicated to furthering neighborhood and community revitalization supported by the private sector, State and local governments, and community-based organizations. Expand Virginia Housing Development. Au .thority's (VH. DA?) .a. uthority to finance redevelopment pr01ects and mixed income housing m d~stressed neighborhoods. Increase or remove the ceiling on State tax credits provided business development in Enterprise Zones. Expand the availability of business capital for emerging and small businesses located in distressed neighborhoods. 5. Expand the authority of local governments to correct exterior blighting conditions in distressed neighborhoods. Business leaders should direct their corporate resources and community involvement towards neighborhood revitalization. Other Recommendations Local Development Corporations: Encourage urban areas to participate with Local Initiative Support Corporation (LISC) type organizations in neighborhood revitalization' projects. State Government: Increase and target the State tax credits available to business through the Neighborhood Assistance Act. Focus and target the combined resources of State agencies at the revitalization of economically distressed neighborhoods. 10. Local governments should institute aggressive comprehensive code enforcement programs in blighted neighborhoods or neighborhoods exhibiting signs of blight. 1 1, Local governments should invest in strengthening the capacity of neighborhood-based organizations. 12. 13. Local service delivery systems should be organized to recognize neighborhood boUndaries and organizations. - Expand the local government authority to adopt design standards fornew construction in distressed neighborhoods. Private Sector: t 4. , The private sector must assume a strong and active role in the neighborhood revitalizatioon process. 15. Private sector businesses should use the emerging resources of urban neighborhoods in their business activities. 16. The business sector should advocate the refocusing of public and nonprofit organizations' resources on neighborhood and community-based development. Government Service Responsibilities and Taxing Authority The Urban Parmership commends the General Assembly for establishing the Commission on State and Local Service Responsibility and Taxing Authority. The Commission, which is slated to submit recommendations by December of 1995, should be extended for an additional year to allow it sUffident time t° formulate comprehensive recommendations on all of the items contained inhouse Joint Resolution. No. 487 (95). The-extension of the life of the Commission should not preclude its. forwarding some recommendations to the 1996 session, particularly on the adoption of a uniform ordinance for the Business Professional Occupational License Tax and the adoption of uniform and equitable collection, audit, and appeals procedures for all local taxes. Business interests and local governments must work cooperatively and closely with the Commission to that end. The Commission should adhere to the following principles for reordering and reforming service responsibilities, revenue resources, and tax administration: *** The imbalance between the services which' localities must provide and the revenues available to them should be corrected. Responsibility for only those services which can be provided more effectively, efficiently, and equitably at the State or regional level should be assumed by th~ State or region--particularly those service~, such as public health and social services, that are directed at the alleviation of poverty or reducing the effects of poverty. State and local governments should undertake continual evaluation of services, eliminating those that no longer serve an essential function of government, privatizing those services that can be provided more effectively and efficiently by the private sector, and realigning service delivery systems to improve efficiency, effectiveness, and economies of scale. *** The array of local taxes should have a rational basis and should be reviewed for any adverse impacts on business growth and job creation. *** Local taxes should be administered uniformly and employ equitable collection, audit, and appeal procedures. *** Any reallocation of service responsibilities and tax authority should decrease the disparity in tax burden among local govemments which provide similar functions. The restructuring of existing service responsibilities and tax authority between the State and local govemments should have as its objective either no net increase in the State-local tax burden on the economy, or a reduced burden. Board of the Urban Partnership Recommendations September 28, 199.5 Preamble If Virginia's regions are to be leaders in the global marketplace we must equal or surpass the performance of our strongest regional competitors. By analyzing the performance of regions within the Southeast, we can see several characteristics common among the high performing regions: a highly educated work force, service by multi-modal transportation systems, centers of government, lessened disparity among areas within the region, and collaborative regional governance systems. While all of these characteristics are important and need to be addressed, the issues related to disparity and reglonalism are most suited to action by the Urban Parmership. These issues focus on allowing regions to function as integrated political, social, and economic units, and on decreasing the economic disparity between areas and neighborhoods within regions. These two concepts are linked inseparably, if a region is to be a competit'rve leader, it must be organized to further strategic regional action and allow alt pans of the region to participate in and benefit from regional development--thus, there is a two-pronged approach to the Partnership's recommendations: "Thinking and Acting Regionally" and "Unleashing Neighborhood Potential." Because Virginia's system of local government is unique among the fifty states, and because the Commonwealth operates in accordance with the Dillon Rule principle, Virginia must not only remove the barriers to strategic neighborhood and regional action, but ~lso must provide the leadership to marshaling the resources required to sustain regional and neighborhood initiatives. Government alone cannot solve the problems or address the issues that affect the urban areas; it requires the efforts of the total community--business, government, education, and citizens--all working in concert. The following recommendations not only encourage the participation of the total community in the regional and neighborhood development processes, but suggest defined roles for the various sectors. It 'is recognized that each of Virginia's regions have specific characteristics, conditions, and institutions that distinguish that region. As a result, uniform solutions address all regions are not proposed. Each region must tailor its actions and proposed solutions based upon its unique circumstances and strategic direction. Ideally these solutions will be mutually beneficial among regions and will enhance the overall competitiveness of the Commonwealth. Successful regional and local solutions cannot be imposed from outside the region, but must emanate from within the region. Strategic regional and local action can, however, be encouraged, fostered, and nurtured by actions of the State and others outside the region/ Often this.encouragement and support are necessary to achieve institutional change. The following recommendations call upon each region and neighborhood to mobilize to action with the support and leadership of the State. The strong leadership of the State through its policy and action is required to encourage and foster the mobilization of resources towards strategic regional and neighborhood actions. It is only through this total mobilization of our regions and neighborhoods that Virginia will be an economic leader in the global economy. Thinking and Acting Regionally "The Framework for Virginia's Competitiveness" set forth the premise that Virginia and her regions would become competitive leaders in the global marketplace through the application of a two-pronged approach: Thinking and Acting Regionally and Unleashing Neighborhood Potential. The following section of thls report offers proposals for Thinking and Acting Regionally through: · Regional Economic Development Incentives to encourage localities to function as integrated political entities; · Structural Options for Local Government to increase options and incentives for restructuring local government; and · Government Service Responsibilities and Taxing Authority to ensure the effective and efficient provision of essential public services supported by a tax structure that enhances competitiveness. Regional Development Incentive Concept If Virginia is to be competitive in the global marketplace we must have high performance regions, if Virginia's regions are to truly "Think and Act Regionally," major incentives must be provided to advance regional decision making and counteract the reality of multiple political boundaries within a region. The obiective of the Regional Development Incentive is to create a process that encourages the localities, the business community: K- 12, .higher education~, and civic leaders to strategically pian and deliver services regionally:-in short, to function as regions. This proposal builds upon the existing regional efforts across the Commonwealth and allows each region to tailor its approach to the unique needs and conditions of that region. The proposal while encouraging individual regional solutions, sets down four basic principles: l) each region should strategically address its economic competitive position; 2) any regional process should be broad based and Involve, at a minimum, government, business, K-12, higher education, and community leaders~ 3)regional partnerships are required to monitor the implementation of the regional strategic ' assessment (plan); and 4) greater regional actions can remit ifmfficient incentives are provided to the localities. An ultimate incentive fund of at teast $200 million statewide is thought to be necessary to effect these actions within the individual regions. Competitiveness is the ability of a region to achieve higher levels of income and employment and lower economic disparity between its central and suburban areas as compared to its competitors by providing an attractive business climate and quality of life. Those regions that think and act regionally will be rewarded for their efforts. The proposed incentive system rewards increased regional efforts over time, rewards those regions that undertake a broad array of regional efforts, and recognizes existing regional efforts, butnotto the same extent as new regional ventures. Eligibility for Incentive Funding Four items are required to be eligible for funds under the Regional Development Initiative: I. A functioning regional parmership 2, Completion of a strategic regional assessment (plan) Preparation of a regional repot: card on the progress of addressing critical issues and implementation of the strategic assessment 3 Tracking the region's progress in income growth, job creation, and reducing the disparity among localities in median family income Regional Partnerships One of the requirements for qualification for funding through the Regional Development Fund would be a functioning regional partnership. The actual structure of the partnership would be left ~Jp to each region to determine, but two components could be required: 1 ) a partnership made up of representatives of local elected officials and chief administrative officers, business leaders, community or neighbothood leaders, and ranking officials of institutions of higher education and K-12 within the region; 2) the completion of a strategic assessment (planl for the region that addresses the economic competitiveness of the region and that involved an extensive participatory process within the region. The structure of the various regional parmerships could vary substantially throughout the Commonwealth based on the preferences in each region. Existing groups, such as the Govemoffs Regional Economic Development Advisory Council, could be expanded to meet the membership criteria. Our discussions have focused on a continuum of choices. On one end of the continuum would be a not-for-profit corporation. The membership would be voluntary and have no statutory powers. On the other end would be to amend the Planning District legislation to allow for an option that would expand the membership of the Commission's govemlng board' to include the broader membership required of the regional partnership. This entity would then have the statutory powers granted to regional Planning Dis~cts under current statutes. Strategic Regional Assessment The regional strategic assessment should address the key issues that are affecting the ability of the State and region to compete for economic development. Analysis of comparative employment growth, income growth, and interlocal income differences would be required elements of the strategic assessment. If the strategic plan required by the Regional Cooperation Act or other strategic regional plan contained the required elements and was adopted by the Regional Parmership, it could substitute for the Strategic Regional Assessment. Regional Implementation No new regional service delivery systems are recommended to implement the strategies of the regional strategic assessment. There are unique conditions and institutional structures present within each region which make it impractical or impossible for any single uniform regional structure to be appropriate In all regions; The Code of Virginia currently contains numerous alternative options for regional service delivery If the localities wish to udlize them. Joint exercise of power agreements among localities, PDC implementation of regional services~ regional nonprofit corporations, numerous special districts~ and authorities are all available to local governments in the provision of regional activities and services, l~any of these institutional arrangements are currently being employed in regions across the State. If there Is a need for a unique regional body, such as an elected regional government or consolidated regional delivery o[ State services, such a proposal can be developed and forwarded to the General'Assembly by the region desiring such a structure. Regional Report Card The regional "report card" would identify the region's progress over time in increasing employment growth, income growth, and in decreasing economic disparity between and within the individual localities of the region. The report:card would also record the progress in addressing the regional issues and strategies identified in the ' regional strategic assessment. The report card should contain a description of theregional organizations and the services they provide. It would be the document used to determine eligibility for and the amount of incentive funding. Administering Agency There are at least two options for administration of the regional incentive fund. The first is to create a new commission with broad representation whose sole purpose is the administration of the regional incentive funds. The alternative approach is to specify an advisory committee which would be appointed and report to an existing department of State government, such as the Departmentof Housing and ~Community Development or the Commission on Local Government. Funding Process In determining the amount of regional incentives, the responsible body will use the following criteria and weights to assess the extent of the regional activities: 1. Regional Revenue Sharing or Growth Sharing Agreements (10) 2. Education ( 1 O) .~. Human Services (8)- 4. Local Land Use (8) 5. Housing (8) 6. Special Education (6) 7. Transportation (5) 8. Law Enforcement (5) 9. Economic Development (4) ! 0. Solid Waste (4) 1 1. Water and Sewer Services (4) 12. Corrections (3) 13. Fire Services and Emergency Medical Services (3) 14. Libraries (2) 15. Parks and Recreation [2) A region may petJdon the State administrative agency to adjust the weights of the above criteria to reflect the relative importance of that criteria on the economic competitiveness of the region: In no instance will the weight of any one criteria exceed 10. Each region would be required to reach 20 points to be eligible for funding. Existing regional activities will be eligible for points except that no more than 50 percent of the total points can come from activities in place prior to July l, 1996. The distribution of the incentive funds to localities would be based upon the "disparity" formula of the Department of Education which uses the concentration and number of children who qualify for free lunch in each locality. Should the localities mutually agree upon an alternative formula, that formula would be used to distribute the incentive funds. Proposed Language 15.1-21.1. Policy of General Assembly. - It shall be the policy of the General Assembly to encourage Virginia s Independent cities and counties to exercise the opUons provided by law to work together for their mutual benefit and the benefit of the Commonwealth. 15~ 1-21.2. Incentives for local governmental integration.and for certain joint undertakings by local governments. - A. The General ~ssembly shall establish a fiJndto be used to encourage regional strategic planning and cooperation. Specifically, the incentive fund shall be used to encourage and reward regional efforts accomplished by the partnerships described in 15.1-21 .:3. B. For purposes of this act, each Planning District wlil constitute a region; however, by agreement localities who are not part of a Planning District may be added for purposes of regional serVice d~i~very. In addition, the Commission may approve a different regional configuration of localities based upon a petidon by those localities, provided at least one of the localities is a city if a city exists within the Planning District. C. The fund shall be administered by the Commission on Regional Incentives and distributed to the qualifying counties, cities and towns in installments under the terms and conditions of applicable statutes and by regulations of the Commission, OR C, The fund shall be administered by the . The shall establish an advisory committee to develop recommendations for.the distribution of funds to localities under The Advisory Committee must have at least twelve members and have equal representation from local government and the business community. The Advisory Committee shall be representative of each region of the Commonwealth, D. The Commission is authorized to promulgate regulations establishing procedures and standards for the dist~budom to be made from the fund established under subsection A. The Commission shall distribute the funds to eligible iurisdlctions pursuantto 15.1-21.5 and 15.1~£!.6 of this Code. E. Ail departments~ agencies~ and institutions of the Commonwealth, the Division of Legislative Services, and all local governmental units of the Commonwealth shall make available such information and assistance as the Commission on Regional incentives may request in the performance of its, responsibilities set forth in this section. 15. 1-21.3. Eligibility criteria for incentive payments. - The Commission, in setting the criteria for eligibility for incentive payments under 15.1-21.2, shall require that: 1. A regional parmership shall exist and effectively function in each applicant 7 region, which membership shall include a broad representation of local government, elementary and secondary education, higher education, the business community, and civic groups. The partnership should include as many of the following as is practical: the mayor or chair and the chief administrative officer of each member locality, the school superintendent of each locality, the president of each institution of higher education, members of local chambers of commerce, and representatives of local civic associations. 2. Each regional parmership shall develop a regional strategic plan which identifies critical issues for the region, and shall report progress on those issues annually. 3., Each regional partnership shall issue an annual report card, including, at a minimum, the region's progress on the following criteria: Hedian family income lob creation Differences in median family income levels among the localities in the region 4. The ]oint undertakings shall have a combined point total of at least 20 points, based on the values established in 15.1-21.4 for each regional action or activity, in order for the region to qualify for any incentive payments. 5. Once a region becomes eligible for the annual incentive payments, it shall receive such payments for at least five years. The region may reapply before or at the end of the five year period for requalification to receive the annual incentive payments. 6. Joint interlocal activities ex'~ting prior to the enactment of this section may be considered by the Commission for an award up to the full value established in 15.1-~.1.4. Such activities may also form the basis of projects eligible for the full value of points in those instances where pre-existing activities are expanded and constitute part of proiects eligible for state incentive payments. Points for existing activities (prior to July 1, 1996) may not constitute greater than 50 percent of the total points assigned. 7. The year for incentive payments shall be the' Commonwealth's fiscal year, with payments made annually by the Comptroller upon certification by the Commission. For those regions deemed eligible, the incentive funds shall be distributed to the localities in the region on the basis of the concentration and number of students participating in the federal free:lunch program~ as used by the Virginia Department of Education to distribute the funds described in Item 164.C. 7(2) of the 1995 Acts of Assembly, Chapter 853 (1994-1996 Biennial Budget), or other formula mutually agreed to by the localities of the region. 8. The Commonwealth's general fund budget shall include $200 .million per year in funds for incentive payments. 8 OR 8: Regions meeting the threshold cdteda specified in 15.1-21.3(4], shall receive authority for a regional one-half cent sales tax. The proceeds of this sales tax increment shall be dism'outed to the localities in the region on the basis of the concentration and numbers of students participating in the federal flee lunch program, as used by the Virginia Department of Education to distribute the funds described in Item 164.C. 7(2] of the 1995 Acts of Assembly, Chapter 853 (1994-1996 Biennial BUdget), or other formula mutually agreed to by the localities of the region. 15.1-21.4. Assignment of weights for functional activities. - In determining the eligibility of such projects and in establishing the extent of state financial support for projects, the Commission may assign weights for each activity up to the number in parentheses below. 1. Regional Revenue Sharing or Growth Sharing Agreements 2. Education 3. Human Services 4. Local Land Use 5. Housing 6. Special Education 7. Transportation 8. Law Enforcement 9. Economic Development 10. Solid Waste 11. Water and Sewer Services 12. Corrections 13. Fire Services and Emergency Hedical Services 14. Libraries 15. Parks and Recreation (10) (8) (8) (8) (S) (S) (4) (4) (3) (3) The assignment of values by the Commission to any activity may be based upon the significance of the consolidated or joint activity as measured by the fiscal resources committed to it, the significance of the activity as measured by the regional effort involved in developing joint activities, the complexity of the activity, the general impact on relations between the affected jurisdictions, or other factors deemed to be appropriate by the Commission. A region may petition the Commission to adjust the weights of the above criteria to reflect the ~elatlve importance of that criteria on the economic competitiveness of the region. In no instance will the weight of any one criteria exceed lO. in addition to the weights listed above in 15.1-21.4(1-15), the Commission may add points up to a total of Fwe (5) for regions that have taken successful actions to make governmental services or functions more effidient or successful actions in reducing the local property tax burden throughout the region. 15.1~21.5. Selection of eligible projects for incentive payments. - In selecting activities for the awarding of points to a region, and magnitude of such payments, the Commission shall consider the following fac[ors:' 1. The extent to which the projects promote the governmental integration of participating localities; 9 2. The extent to which the projects promote the effective and efficient provision of services for the affected Iocalides~ 3. The extent to which the projects promote regional approaches to issues which require regional responses~ 4. The cost and anticipated duration of the projects~ and 5. The comparative fiscal condition of the participating localities and the prospective fiscal impact of the project on the affected local governments. CHAPTER COlvirlvllS$1ON ON REGIONAL INCENTIVES 1 5.1 - .1. Purpose and intent. - It is the purp°se and intent of &he General Assembly to help ensure that Virginia's independent cities and counties exercise the options provided by law to work together for their mutual benefit and the benefit of the Commonwealth. To carry out this purpose and intent, there is hereby established the Commission on Regional Incentives. 15.1- .2. Membership; appointment, terms and qualifications of members; vacancies; Executive Director. - A. The Commission shall consist of eight (8) members appointed by the Governor subject to confirmation by the General Assembly, two (2) members of the Senate appointed by the Senate Privileges and Elections Committee, and three (3) members of the House appointed by 'the Speaker of the House. The members' terms of office shall be for five (5) years, except that original appointments from each of the appointing authorities shall be made for such terms that the term of one (1) member shall expire each year. The Executive Director of the Commission on Local Government shall also serve the Commission on Regional Incentives as its Executive Director. B. Appointments by the Governor shall be made so as to establish and maintain a balanced membership on the Commission in terms of regional representation. In addition, the Governor's appointments shall include four (4) local government representatives and four (4) business representatives. The local government appointments shall be made from a list of nominees presented by the Virginia Municipal League and the Virginia Association of Counties. The business representatives shall be made from a list of nominees presented by the Virginia Chamber of Commerce. 11 Structural Options for Local Governnment Virginia's traditional system of local government structure is straightforward and uncomplicated. Virginia has the fewest governments per capita of all the states in the Union. Taxing and spending authority is clear. Citizens can understand which government is responsible for actions affecting them. The system of independent oues and separate countJes served lrgm~a well for many decades. Through most of Virginla~s history~ c!des provided, most urban-type services, including wate. r~ sewer and pu.b!ic safety, wh!le countJes re.m. alned mosdy rural. This system worked quite well because little cooperation between cities and counties was required. Virginia's system of local government has also led to local government structures evolving differently in vadous parts of the State. In some regions of the Commonwealth, for examples .only. city ?v.e. mmental StrUctures exist while in other regions there are various combinations of cities, towns~ and counties. Two trends challenge the effectiveness of the traditional pattern. The first is population growth. Some coundes are densely populated and have developed a set of municipal services similar to those in cities. This parallel development of infrastructure and services, sometimes duplicative and expensive, undercuts the urban-rural distlncdon that was much of the basis for traditional structures and patterns. A second trend highlights shOrtcomings in the Virginia pattern of local government. Economic compet/don is not just local, or statewide, or even national in scope. A city no longer competes iust with an adjoining county; instead the region that includes both city and county competes with regions elsewhere in the count~/and the world. This creates a clear need for cooperation between iurisdictions and within regions. Virginia laws should permit opportunities for strong regional cooperation and consolidation and an effective, means for independent cities to transition to cities that are part of adlacent counties. Vir~ma laws should, pe.rmlt new opportumt es for reg!onal cooperation and governmental structures. Legislation needs to allow for the design of individually tailored regional solution. More flexible laws are needed to allow for the transition of independent cities to tides within counties and to allow the transitioned cities to grow and prosper along with their counties in a non-adversarial manner. The South Boston transition and the current studies of transition by Charlottesville, Winchester~ and Fredericksburg underscore the serious probiems current/ybeing faced by independent cities of less than }25,000 population. Laws that enable localities to respond effectively to new challenges are essential. Equally important are state laws that create incentives and inducements for local governments to enter into cooperative programs and efforts, regional government, and transitioned city status. Flexibility and incentives are needed so that the State and its localities can be as effective as possible. 12 Various starewide commissions and committees have conducted extensive research on the desirability of various local government structural arrangements. After review of these studies and exploring at length the options available to local governments, several of the recommendations of rhe Grayson Commission are consistant with goals outlined in this document. The following recommendations thus track substantially several of the recommendations of the Grayson Commission. Currently, Senator Charles Hawkins is leading a joint subcommittee investigating creative ways that localities can join together to develop and administer projects--such as industrial parks--where the costs are shared, resources pooled, and revenues from the projects allocated among the participating localities. The following recommendations would address many of the same issues under consideration by the joint subcommittee. Recommendation A Foster and develop regional cooperation through the transition of independent cities of less than .125,000 population to cities that are part of their surrounding county, according to these principles: Any city with a population under t25,000 may become a "Class A" city which shall become part of an adjoining county, and shall be called a city in all official State documents. A "Class A" city has all the powers of a town and whatever additional powers it may negotiate with the county it joins plus whatever powers are granted to "Class A" cities by the General Assembly. A county shall provide to the residents of a "Class A" city the same.services as are provided to a town, except as modified by agreement of the city and county. Cities and counties that voluntarily join together to create the new "Class A" city have a greatly improved chance for a successful transition. The agreement reached by the city and county on the terms of the transition is critical. Local governments are responsible for working hard to achieve that agreement. The agreement shall specit¥ those services that the county and the "Class A" city will each provide and the distribution of revenuein support of those service responsibilities. The State government B responsible for encouraging that.agreement through flexible laws and incentives and by providing mediation assistance if needed. Unless they are clearly illegal, items agreed to by the city and the county should not be changed by the Commission on Local Government which should be given the authority to place in effect such a transition agreement without further court review. Whenever a city and. county have entered into cooperative regional structures or agreements, including regional authorities, those sffuccures shall be preserved and State funding shall not decrease as a result of transition to "Class A" city status. When a city becomes part of a county through transition to "Class A" status, the county shall receive the taxing and financing authority formerly held by the city, and the "Class A" city shall exercise the taxing authority of a town including the existing preemptions of certain local taxes. 13 A city that does not become a "Class A'' city shall not have the right to non- voluntary annexation. 6. "Class A" cides shall not have the right to remm to an independent city status. Recommendation B All localities, including those that are not involved in change of boundary or structure changes, should be permitted to enter Into voluntary agreements, including revenue, growth sharing, or tax base sharing. Sufficient legal authority should be granted to counties for them to enter into revenue sharing, growth sharing, or tax base sharing agreements without the necessity to obtain voter approval through referendum. Recommendation C The State should provide financial incentives to those localities that consolidate, merge, or create a regional governmental structure. The current provision of law that provides that State aid to consolidated governments shall not be reduced below the combined amount received by the localities prior to consolidation should be extended from five years to fifteen years. In addition, the State should be directed to use the most favorable State aid distribution formula from among the consolidated localities after the consolidation for a period of ten years. These same provisions should apply to regional governmental structures. Recommendation D The requirement that a referendum pass in each locality prior to the consolidation of local governments should be modified to allow for a maiority of the combined voters of the proposed consolidated locality to determine the issue. The affected local governments would have the option to choose between.the existing procedure or a majority vote In the proposed consolidated area. This option would prohibit a minority of citizens within the proposed consolidated locality from blocking the will of the majority. 14 Government Service Responsibilities and Taxing Authority Introduction Core urban areas have suffered from the flight of prosperous middle and upper income households and businesses to surrounding suburban locales. This shift results in a(n): Increased concentration of lower income and dependent populations. - Declining tax base~ due to a decline in investment'in the area. High demand for social ser~?ces and reduced ability to deliver services. Highest property tax rates in the Commonwealth. To enable urban areas to compete with other regions for commercial, industrial, and residential development, the fiscal plight of core urban localities must be addressed in a manner that: (1) Reduces the burden on urban taxpayers for'essential services-to poor and dependent populations. (2) ^llows tax and fee structures to be commensurate with adjacent localities. (3) Enables each locality to invest in its economic future. A favorable tax structure is often cited as crucial to economic development. Both citizens and businesses want a tax system that is: fair, predictable, consistently administered, logical, reliable, diversified over a broad base, equltable, and understandable. Tax systems also should provide for accountability and be professionally and uniformly administered. The}, must include a good revenue structure and a balanced division of service responsibilities between the State and its localities. Virginia's responsibilities for service delivery must be evaluated'and taxing authority of the State and local govemment~ must be examined. The following page outlines the proposed approach for addressing these issues. 15 Government Service Responsibilities and Taxing Authority The Urban Partnership commends the General Assembly for establishing the Comm. is.slon o.n. S~te and Local Service Respons!bility and Taxing Authority. The Comm~sion, which is slated to submit recOmmendations by December of 1995, should be extended for an additional year to allow it sufficient time to formulate comprehensive recommendations on all of the items contained in House Joint Resolution No. 487 I95). The extension of the life of the Commission should not preclude its forwarding some recommendations to the 1996 session, particularly on the adoption of a uniform ordinance for the Business Professional Occupational License Tax and the adoption of uniform and equitable collection, audit, and appeals procedures for all local taxes. Business interests and local governments must work cooperatively and closely with the Commission to that end. The Commission should adhere to the following principles for reordering and reforming service responsibilities, revenue resources, and tax administration: *** The imbalance between the services which localities must provide and the revenues available to them should be corrected. Responsibility for only those services which can be provided more effectively, efficiently~ and equitably at the State or regional level should be assumed by the State or region--particularly those services, such as public health and social services, that are directed at the alleviation of poverty or reducing the effects of poverty. State and local governments should undertake continual evaluation of services, eliminating those that no longer serve an essential function of government, privatizing those services that canbe provided more effectively and efficiently by the private sector, and realigning service delivery systems to improve efficiency, effectiveness, and economies of scale. *** The array of local taxes should have a rational basis and should be reviewed for any adverse impacts on business growth and iob creation. ** * Local taxes should be administered uniformly and employ equitable collection, audit, and appeal procedures. *** Any reallocation of service responsibilities and tax authority should decrease the disparity in tax burden among local governments which provide similar functions. The restructuring of existing service responsibilities and tax authority between the State and local governments should have as its objective either no net increase in the State-local tax burden on the economy, or a reduced burden. t6 Unleashing Neighborhood Potential The following secdon of this report offers proposals for Unleashing Neighborhood Potential through actions by State and local development corporadons~ State government, local government, the private sector, and the residents of each neighborhood. Unleashing Neighborhood Potential if regions are to thrive, then neighborhoods must be able to participate freely in a~d benefit fully from regional development. Urban policy of the past focused on the development of neighborhoods as if they were islands in an endless sea. Today we must recognize that neighborhoods can no longer function as islands, but are an integral part of regional economies. A new model for development in our core urban neighborhoods is needed--a model that focuses on total community building; a collaborative model that draws upon the collective resources of government, the private sector, the nonprofit sector, and individual citizens. The foundation of this collaborative model is: 1) based on a comprehensive econom, ic, social, and physical development perspec?e; 2) centered on the ~eighborhood's vision of Its future; 3) focused on the Interrelation between the core area, the region, and the global economy~, 4) focused on business development that is "export" oriented, along with businesses that serve the local economy; 5) built around government incentives and services that support private sector investmentand lob creation; 6) directed at offsetting the high cost of do'rog business in the core urban areas; 7) built on strong partnerships between the business community, the government, the neighborhood organizations, and the residents; and 8) directed at individual and family responsibility, growth, and economic independence. Urban areas often offer unique competitive advantages for new growth, including a strategic location, unmet market demand, access to regional business clusters, and an underutilized labor pool. Yet, the r~sk of development in core urban neighborhoods is challenging because: Existing development patterns are well established Neighborhoods have historic and cultural significance Costs associated with redevelopment often exceed new construction costs Existing development patterns are inefficient for modem development Existing property often contains environmental problems Vacant land is hard to assemble in parcels of sufficient size Current residents resist dislocation to accommodate redevelopment. The key to success for our core cities is to reduce the barriers to development and capitalize on the advantages. Through the combined efforts of private for-profit, private not-for-profit, governmental institutions, and residents, core urban areas will achieve neighborhood reinvestment. All of our public and private institutions must rededicate their attentions and resources to the revitalization process. Because citizens care intensely about their neighborhood issues, one of the most compelling units of governance of our time is found at the neighborhood level. Citizens of each community must lead revitalization efforts if the social and economic ills of the neighborhood are to be addressed. With the neighborhood residents in the lead, government, the private sector and the nonprofit 18 community can all combine efforts to integrate urban neighborhoods into the growing regional economy. Government/Business/Community Roles The role of local government in the revitalization process is critical. First and foremost, government must provide quality basic public services to the community (police and fire protection, water and sewer service, education, garbage collection, street maintenance, etc.) at a reasonable cost. Second, government must ensure that the private investments in neighborhoods are protected and maintained. Third, the government must create a favorable climate for private sector operations, eliminating obstacles and barriers to development. Fourth, local government should be the catalyst that helps create the vision for the neighborhood and plans its redevelopment. Fifth, government must target its investments where the need is the greatest and there is the prospect for the greatest long-term economic impact. Government must be supportive of the revitalization efforts of the community and the private sector while respecting the realities of the marketplace. The core urban areas hold unrealized potential for private investment and profitable business opportunities. The private sector must View the core urban areas as an opportuni~y~ rather than a liability. With this view in mind, the private sector can marshal the expertise and capital to build solid investment potential and job growth. The Committee on Economic Development recommends four avenues for business involvement in the community building process: 1 ) use emerging inner-city resources in'their business activities; :7) join local and national systems of support for inner-city community building, such as national community development intermediaries and metropolitan-wide housing partnerships; 3) encourage the reshaping of public and nonprofit programs to reflect the community building approach; and 4) guide corporate resources and community involvement towards inner-city community building. This involvement positions the private sector to be a full parmer in the revitalization process. Urban housing markets represent unique opportunities for private sector investment. Because of convenient location, available infrastructure, varied municipal services, unique architectural character, affordable real estate and established neighborhood identity, housing for a broad range of family incomes represents an underutilized market opportunity. It is essential that neighborhoods avoid the concentration of Iow income families and encourage a range of family incomes to be present in the neighborhood. The overwhelming and concentrated problems of the core urban areas have overtaxed the local government resources available to address these problems. If revitalization efforts are to be successful, they must be founded in the community. Only through the active involvement.of community leaders and residents in efforts to identify the key problems and solutions will the local resource~ be used effectively. Neighborhood-based institutions--community development corporations, churches, 19 nonprofit corporations, and others--can be the front line for attacking these problems locally. The narrowly focused efforts of the past must be replaced by more comprehensive inclnsionary approaches. The combined efforts by government and the private sector to revitalize the urban core are most effective when channeled through and conducted in partnership with representative neighborhood organizations. These neighborhood organizations and nonprofit corporations need the continued financiai~ technical, and moral support to adequately fulfill these new and expanded responsibilities. The following set of recommendations will strengthen the ability of neighborhoods to address their problems and will bring the combined resources of government, the private sector, and the community to the permanent economic revival of the core urban areas. While all of the recommendations are Important to neighborhood revitalization, the principle recommendadonsshould be given immediate attention and priority. Principle Recommendations Establish a statewide nonprofit corporation dedicated to furthering neighborhood and community revitalization supported by the private sector, · i state and local governments, and community-based organlzat ons. The expansion of an existing statewide organization to undertake this mission is preferred over the creation of a new corporation. It is recommended that the Virginia Community Development Corporation (VCDC) consider expanding its mission and functions to include broad- based support for neighborhood and communt~ revitalization. VCDC sbould be a multifaceted corporation providing a variety of financial, technical, and organizational support programs to local nonprofit corporations dedicated to development in economically distressed areas across the State. The expanded functions of the ¥CDC sbould/include: (a) technical assistance and training for local CDCs~ :(b~ seed money support~ (c) predevelopment finance~ (d) gap financing for projects--both debt and equity; and (e) an association of nonprofit organizations dedicated to neighborhood and commtinityobased development. One of the primary purposes of the VCDC would beto attract out-of-stateand foundation support for neighborhood and community-based development.: The VCDC board should reflect the partners in the community development process-- government, business, and the nonprofil: community. The ¥CDC may find it necessary to establish subsidiary corporations to oversee these specialized ~unctions. Virginia Housing Development Authority (VHDA) enabling legislation should be amended to allow VHDA to provide financing for mixed income housing and commercial development in enterprise zones, redevelopment areas, and conservation areas. The expansion of~HDA's authority to finance housing and commercial projects in distressed areas will provide a much needed financing mechanism for redevelopment pro~ects. Currently VHD^.is authorized to finance mixed income housing~projects~in the City of Portsmouth only and finance commercial activity only when it 'is 2O incidental to a housing project. This recommendation would expand VHDA's authority to finance redevelopment projects similar to the authority providedlocal redeVelopment and housing authorities. Because of VHDA's excellent financial status and exemplarY bond rating, it is able to provide favorable bond financing to projects that may not be able to obtain the required financing through the local redevelopment and housing authority or from private sources. Virginia's Enterprise Zone Act should be amended to increase the tax credits to accommodate business locations and expansions in Enterprise Zones. Technical amendments should be made to the Act to improve the administration of the Enterprise Zone Program. Virginia's Enterprise Zone Act was. completely redrafted as a result of the 1995 General Assembly session. As a result of that reenactment several changes have complicated the effective administration of the program--the most significant of these being a $5 million limit on the tax credits that will be available for business locations and expansions and real property improvement, it is uncertain when this iimitwill be reached; however, the General Assembly should take action to assure that businesses that are contemplating locating, expanding or investing in an Enterprise Zone are treated equally under the Act and there should not be any penalty because of the timing of the decision to locate or expand. The General Assembly shoUld clarify the law to provide certainty to the business on the amount of tax credits that .would be available upon their location or expansion. The Partnership should work with the joint subcommittee of the General Assembly studying business finance and capital access in the development of methods to increase the availability of business capital for emerging and small businesses locating in distressed neighborhoods. Several program options are available to the State that would directly benefit the small and emerging 'businesses. These options include the "Capital Access Program," ~ax credits to lending institutions, secondarY market for small business loans, loan guarantee program, or a loan loss reserve fund. In the design of any program of business assistance, the State 'should ensure that organizations chat are dedicated to neighborhood and community economic revitalization can directly administer or access the program. The legislative authority for local governments to remedy blighting conditions in conservation, rehabilitation, and redevelopment districts should be expanded to allow for the immediate repair to the exterior of structures and the placement of a lien on such property to recover the cost of Such repair. The Code of Virginia allows localities to abate public nuisances, but the definition of a public nuisance does not include dilapidated, deteriorated, or decaying structures that are a blight on the community. The Code does allow for action against properties when they are considered a drug blight. Often, the only remedy for thee locality is to designate the structure as unsafe and have the s~ructur'e razed. A preferred approach is to allow the local government to make the necessarY exterior repairs when the 21 owner cannot be located or when the owner is unable or unwilling to correct the code violations and apply the cost of the repair as a lien agalr~t the property. ~ Business leaders should direct their corporate resources and community involvement towards neighborhood revitalization. ~4ost major Virginia corporations have actJve foundations and programs serving the community. These programs should give priority to the rebuilding of our distressed neighborhoods. Support of community-based efforts dedicated to neighborhood revitalization should be the central focus of corporate involvement. Recommendations State and Local Development Corporations: o Virginia's urban areas are encouraged to partldpate with national intermediary corporations (Local Initiative Support Corporation [USC], Enterprise Foundation, Neighborhood Housing Services, and Development Training Institute). These nadonal intermediaries provide a range of technical and financial assistance to a local community in support of neighborhood and community-based development. The LISC program in Richmond is an example of the succe.~., that can b.e achieved through these organizations when the local commumty is committed to the effort. These national intermediaries need to dovetail their efforts and resources with those of exisdng State programs, such as the Department of Housing and Community Development's housing inltiadves, and those of the urban locality towards total community renewal. Broad based community support and a maturing community-based nonprofit sector are essential for success. State Government: The Neighborhood Assistance Act /NAA) tax credits should be increased and the increase targeted to distressed neighborhoods. The Neighborhood Assistance Act provides a fifty percent state tax credit for private sector contributions to a 501 (c)~3 corporation that will benefit either impoverished people or impoverished places. The NAA tax credks are currently limited to $5.25 million annually. This limit is scheduled to increase to $8 million on July l; 1996. The State should increase the limit to$1.0 million-and target the use of the increase to distressed neighborhoods or communities. Additional consideration should be given to extending the legislative sunset of the program. The NAA is considered a national mod~l for encouraging private sector support of nonprofit activities benefiting lower income populations. Focus and target the combined resources of the State agencies at the revitalization of economically distressed neighborhoods. State agencies administer a variety of programs that, taken together~ can have a major 22 impact upon the revitalization process in distressed communities. Everything from transportation improvements to job training to welfare reform to housing rehabilitation can contribute to the comprehensive revitalization of the neighborhood. State programs that encourage upward economic mobility and mixed or high income development should be directed towards high poverty neighborhoods. Additionally, a special effort should be made to redirect those programs that concentrate poverty, away from high poverty neighborhoods. Local Government: Local governments should institute aggressive, comprehensive code enforcement programs in blighted neighborhoods or neighborhoods exhibiting signs of blight. Aggressive, comprehensive code enforcement by local government is necessary to ensure that neighborhoods are maintained, blighting influences are thwarted, and reinvestment is encouraged. Code enforcement--properly administered with the support of the neighborhood residents--will ensure a clean and safe community environment with rising property values. _ Local governments should invest in strengthening the capacity of neighborhood-based organizations. Sustained neighborhood revitalization centered around community-based organizations requires a continual'source of operational support for the community-based nonprofit organizations. This support has to come from a variety of sources, both public and private. Local government should be a full partner in the financial support of these community development organizations and should cooperatively establish the performance standards or outcome measures for neighborhood revitalization. This investment can be a very cost effective approach to leveraging public and private resources. Local service delivery systems should be' organized to recognize neighborhood boundaries and organizations. Local government must recognize, utilize, and support the talents and resources available in the neighborhood. Revitalization efforts must proceed with the support, involvement, and leadership of the neighborhood. Local government dan provide both technical and financial support for efforts by neighborhood groups to address the critical issues that face their community. In addition, local government can take a proactive approach to neighborhood governance. Community policing is a testament to the success of this philosophy. Several local governments have active neighborhood initiatives. Hampton, Roanoke, Richmond, Virginia Beach,. and Arlington County each have developed outstanding programs to focus on neighborhood initiated action. These laudable efforts should be replicated and magnified in urban areas across the State. Expand the legislative authority of local governments to regulate the design o'f new residential and commercial structures located outside of a historical 23 district, but included in a conservation, rehabilitation, or redevelopment district. Often inappropriately designed new housing in an existing neighborhood can become a blighting influence upon the whole neighborhood within a short period of dine. When conservation rehabilitation or redevelopment is in progress within the neighborhood, new development should complement and not detract from the character of the existing neighborhood. Private Sector*: The private sector must assume a strong and active role in the neighborhood revitalization process. Business leaders should respond to economic waste, threat to social order, deterrent to regional prosperity, and lost potential of distressed neighborhoods. These leaders are uniquely suited to provide leadership in the neighborhood and community building process. Business should join multisector state and local parmerships that support neighborhood revitalization. They shbuld exercise the same leadership in relation to neighborhood development as has been displayed for regional economic development. 0 Private' sector business should use the emerging resources of urban neighborhoods in their business activities. Urban neighborhoods often offer unique opportunities for business development. Locations for plants and offices, pools of potential workers, minority-owned subcontractors and suppliers, and untapped markets are all available in these urban neighborhoods. As the business environment in these neighborhoods becomes more conducive, outside firms should reconsider the commercial possibilities available within these areas. Unless there is a concerted effort by business leadership to rethink the opportunities that exist, these opportunities will go unrecognized. The business leaders should advoca:e the refocusing of public and nonprofit organizations' resources on the neighborhood and communi~/-based development. Business leaders often are not only leaders of industry, but hold prominent roles within their community where they can influence' the policy of public and nonprofit organizations to allocate resources to distressed urban neighborhoods, to enhance the participation of local residents and community organizations in service delivery, to train community leaders, and to remove barriers to community-based development. These pdvate sector recommendations parallel the recommendations of the Committee for Economic Development in their report, Rebuilding Inner~City Communities: A New Approach to the Nation's Urban Crisis. The Committee for Economic Development is an independent research and policy organization of some 250 leaders of America's most prominent corporations and noted scholars. 24 Reg~ $ Region 9 Regio~ 10 Region 11 Past Presidents blarry G. Dm~id GeneraI Counsel 1001 East Broad Street o Suite LL 20 ° Richmond, Virginia 23219-1928 , (8041 788-6652 · fax (804] 788-0083 October 6, 1995 Dear Chief County Administrative Officer: Here is a draft of VACo's 1996 legislative program and policy statements. To complete the legislative program, each steering committee will meet on November 12 during the association's Annual Meeting at the Homestead. The association's membership will vote on the final documen.t on November 14. County representatives are invited to attend these meetings and, if they wish, suggest changes in the legislative program. Here is the meeting schedule: ' Sunday, November 12, steering committee meetings i-2:30 p.m .............. General Government Finance Transportation Community and Economic D~velopment and Rural Affairs 2:45-4:15 p.m ......... Public Safety EdUCation Planning, Public Works and Natural Resources Health and Human Services Monday, November 13 4:30-5:30 p.m ......... Resolutions Committee Tuesday, November 14 10:15 a.m.-noon ..... VACo's annual business meeting I hope you will review this document, discuss its contents with your board and direct any comments or questions to Flip Hicks, VACo's general counsel. Thank you for your consideration of this draft documeni. We look forward to receiving your comments and hope to see you in November. Sincerely, Chair, VACo Resolutions Committee Member, Prince William County Board of Supervisors CC VACo Board of Directors VACo~Resolutions Committee legislative contacts legislative liaisons county attorneys COUNTY OF ALBEMARLE EXECUTIVE OFFIOI= VIRGINIA ASSOC:IATION OF COUNTIES ANNUAL PROC[ESS FOR DEVELOPING LEGISLATIVE PROGRAM AND POLIC[Y STATElVlENTS ,JANUARY-APRIL General Assembly is in session. After the session, VACo staffmembers ask counties to submit proposals to be considered by steering COmmittees as part of the legislative program for the next General Assembly session. APRIL-A UGUBT VACo staff members receive proposals and review actions from previous session of the General Assembly, which adjourns in late winter. All eight of VACo'S legislative steering committees (Community and Economic Development and Rural Affairs; Education; Finance; General Government; Health and Human Services; Planning, Public Works and Nattira];Resources; Public Safety; and Transportation) meet several times to develop recommendations and identify legislative priorities. After each committee finalizes its recommendations, they are presented to the Resolutions Committee during the Local Government Officials' Conference. The Resolutions C~ommittee consolid,a:tes the recommendations of all steering committees and adopts priorities. SEPTEMBER VACo staff members prepare a draft report of the legislative program and policy statements, which contains the preliminary recommendations of the steering committees, which have also been approved by the Resolu- tions Committee. OCTOBER Draft report of the legislative progr~tm and policy statements is mailed to all counties. Counties are asked to review The draft document and prepare any comments, proposed amendments or deletions. Counties are asked to communicate their comments either by contacting VACo or proposing them to the steering com- mittees, which will meet during the association's annual conference in November. NOVEMBER All eight steering committees hold their final meetings at the annual conference. Representatives'from member jurisdictions are invited to attend steering committee meetings and propose amendments on issues that relate to each committee's policy area. Final committee recommendations, with amendments, are then presented to the Resolutions Committee, which meets after the adjournment of all steering committee meetings. The revised legislative program, as approved by the Resolutions Committee,.is then presented co the full association membership for a vote during the annual business meeting, which takes place during the conference. NOVEMBER-DECEMBER Preparations are made for the upcoming session of the General Assembly. The final version of the legislative program and policy statements is ma/led to members of the General Assembly. VACo ~taff members and participating county officials discuss the association's legislative agenda with General Assembly members. Strategies are developed and implem6nted to pursue the assocmtion's legislative goals. 1996 -'VIRGINIA Ass OF COUNT'IES.:. G 15Iv E "P ROG RA ': POSITIONS ~DULT ILLITERACY o urges th~ General Assembly to appropriate sufficient funds to eliminate adult illiteracy. AFFORDABLE HOUSING VACo supports affordable housing initiatives and the state's continued funding of the housing partnership fund. ECONOMIC DEVELOPMENT FUNDING VACo requests that stare appropriations be increased to help localities promote economic development pro- grams, with the goal of increasing state and local tax revenues. ECONOMIC DEVELOPMENT TRANSPORTATION VACo requests that the top priority of the Common- wealth Transportation Board be the allocation of high- way and other transportation funds for the rapid ~mpletion of highway projects and any other modes of ;nsportation essential to the economic development of a region or community. INDUSTRIAL ACCESS ROADS VACo supports expanded fldxibility for industrial access road programs to help counties develop industrial parks. INDUSTRIAL PARKS VACo supports funding in the form of grants and loans for the development of industrial parks and for the shell building program. Minimum size requirements for shell buildings Should be flexible to fit localities' needs. INFRASTRUCTURE NEEDS VACo requests grants and loans from the state to help local governments improve facilities for water, wastewa- ret treatment and solid waste disposal. TOURISM Recognizing that tourism ~s a pollution-free, tax-positive industry that is one of Virginias leading ifidustries, VACo encourages more funding for the promotion of tourism internationally, nationally and statewide. VALUE-ADDED PRODUCTS VACo supports legislation to provide adequate research funding for the development of value-added products in natural resource-based industries throughout the com- monwealth. MANDATES ON SCHOOL DISTRICTS VACo strongly opposes actions that take away the authority of local school boards and local governing bodies to manage local schools. VACo strongly supports provisions to retain and enhance each school board's ability to set the school calendar, establish teacher salaries, stare requirements establishing eligibility for participation in athletic and extracurricular activities, determine additional positions and maintain autonomy' in personnel policies. COUNTY ADO~TION OF SCHOOL BOARD BUDGET VACo supports amending §22.1-93 to allow that counties approve school board budgets no larer than May 15. SCHOOL BUDGET PUBLIC HEARING VACo supports school divisions providing detailed information on their budgers to be made available ar their budget .public hearings. Copies of the proposed budget, contfiming a detailed synopsis of revenues and expenditUres, should be available for public examination before the hearings. VACo supports that school divisions be subject to the same publication and noti~e of public hearing require- ments as are local governments under §15.1-162. STANDARDS OF QUALITY-- CALCULATING COST VACo Urges the General Assembly to study the method- ology developed by the Joint Legislative Audit and Review Commission for calculating ~he costs of the SOQ with special focus on whether the methodology fairly reflects the actual costs of meeting the stand=~, The methodology does not take into account the differences in costs in various regions of the state and does not adequately address unique local conditions such as small, large, declining or diverse student popula- tious. SCHOOL OPENING VACo supports granting local school divisions the authority to establish opening dates for schools. STANDARDS OF QUALITY -- FULL FUNDING VACo urges the General Assembly to recognize local governments' long-standing support of public educa- tion. For many years, local governrrients have funded educational costs beyond their required share in efforts to provide quality education. TEACHER SALARY MANDATES VACo supports state funding of teacher salary man- dates. These mandates take away local officials' ability to make appropriate budget decisions and impose undue financial hardships on local governments. Teacher salary mandates have created tension when funded at the expense of salary increases for other local government employees. ToP PRIORITY STATE MANDATES VACo continues to support the state providing full funding ro pay for mandates. VACo opposes any state mandates on local governments without sufficient funds to cover their cost. The state must provide funding for the actual costs of...mandated'standards of quality, including mandated teacher pay increases. OTHER PRIORITIES LOCAL GOVERNM-ENT AUTHORITY VACo supports grandng counties the same taxing and bortowing-authotity as cities and towns. VACo opposes guy efforts to limit or cap local govern- ments' abilities to raise.revenue. SpecificalJy, VACo opposes any,.effort to restrict or limit the growth of real a~,ttate revenue, real estate assessments or real estate tax ~;cs. Local governments should have authority co expand their revenue powers to include these local option taxes: income tax, sales tax, real estate transfer tax, regional gasoline tax, local gasoline tax and minerals severance tax. This would reduce dependence on the local prop- erty tax. HB 599 FUNDING Since FY 1992, state funding for~the HB 599 funding formula for localities with police departments was reduced from $80 million to $67 million. Since then, the HB 599 fundinglevel has been frozen at $67 million. The FY 96 budget bill only restored funding to the FY 95'level. VACo supports full restoration of funding for the 599 law-enforcement program. It is essential that the statewide FY 1997 level be restored and that every effort be made to increase the funding to the FY 1991 level of more than $80 million. Urban areas with high violent crime rates should be given an /~,ditional funding mechanism so that current 599 allocations are not diverted to those special needs. POSITIONS BPOL The business, professional and occupational licens~ tax is a significant local revenue source, accounting for $310 million statewide. VACo is open to alternatives to the BPOL tax that are revenue neutral on a locality- specific basis but opposes any alternative that is not revenue neutral. VACo recognizes that there are legiti- mate concerns associated with the administration of the tax and, to that end, encourages all local goverrmaents that enact BPOL to adopt the provisions of the uniform model ordinance. VACo wants to work with the HJR 613 subcommittee and the business community to find ways to continue to address concerns while preserving local administration of the tax. VACo urges the sub- commtttee to allow adequate time and opportunity for the development of sUbstan~ve recommendations. VACo opposes any legislative efforts'that would increase the number or expand the category of items currently classified as intangible personal property. CONSTITUTIONAL OFFICERS VACo opposes any legislation to increase the local share of funding for constitutional officers. VACo particularly opposes any efforts to allow the Compensation Board to reduce its approved funding levels for dispatchers in local sheriffs' offices because a local E-911 fee is charged. ~In most localities, the'fee does n°t fully cover the cost of providing E-911 service. CONSUMER UTILITY TAXES VACo supp0rts amending §58.1 ~3812 and ~58.1-3814 to eliminate or increase the cap on consumer utility taxes. Residential customers of telephone, gas, water and electric services are currently not to be' taxed at a rate higher than 20 percent of the £ffst $15 of the monthly bill. DISTRIBUTION OF ABC PROFITS VACo supports the distribution of funds to localities according to either the latest U.S. census or an annual estimate of the p6pulation made by the Wetdon Cooper Center for Public Service, whichever is greater. Code ofvirginia :t0 Per.it county authOrities t0 pursue the supplemental Salary for the chapman 0f the b0ard 6f~ complaints ft~m citizenl regarding alt pf0~fty ~h~t tias ~uPerv-i~'0rs to b~ increased fr0m $1~800 t° $2,500 pe~ been neglected both vacant and occupied: ?: Year. REcODIFIcATIoN OF'rlTLE 1:,~.1 f=iTRAY ANIMALS VACo continues to support recodification of Title ! 5.], VACo supports legislati°n allowing citizens 0fany of the Code of Virginia. . locality tO adopt stray animals from a local animal REGIONAL glOOPERATION VACo continues to support regional approaches bY lOcal governments in delivering the services and encourages the state to provide financial incentives for r~gional cooperation. POSITIONS COMPREHENSIVE SERVICES ACT VACo supports legislation that would amend §2.1-746, of the Code of Virginia to include the appointment of a local government representative on the state executive council. VACo supports legislation and/or administrative action that would cap re. es charged localities by residential placement providers. VACo would support legislation that authorizes a feasibility or a cost/benefit study of the use of Medicaid dollars to pay for residential treatment of children. VACo would support actions that study the long-term effects that a change in funding would have on local government and the service population. VACo Opposes any type of cost shifting to local governments under the act. VACo supports adequate state funding to covet local costs for administering the Comprehensive Services Act and to cover mandated and non-mandated court- ordered placement of children. AGING~ DISABILITY AND LONG'TERM CARE SERVICES VACo opposes any transfer of funding responsibility from the state to local governments for aging, disability, or long-term care services. VACo requests that adequate funding be provided to local governments for adminis- tration and service delivery. VACo supports efforts hnd/or initiatives that allow local government flexibility. VACo supports full funding of'in-home services for eligible recipients. The consolidation of ~ging, disability and long-term care services at the state level is premature due to the potential to block grant Medicaid funds. VACo sup- ports legislation that would defer for one year any state consolidation of aging, disability and long-term care services. WELFARE REFORM ~mCo supports in. itiatives that provide local govern- enti regulatory flexibility in meeting local needs. The state shall fully fund any welfare reform plan and shall not shift additional administrative or financial burdens to localities. Duc to the delay in start-up measures at the state level, VACo supports efforts that would allow counties, that are being funded for welfare reform, to carry any st~rplns funding forward into the next fiscal year. CHILD DAY CARE VACo supports continued state initiatives that encour- age the availability of quality and affordable child-care options for Virginians ofatI incomes. State efforts to regulate child care must be realistic and cost-effective so that affordable, quality public and private programs are not driven from the market. requesvs that the state appropriate funds for local administration that would enable local departinent~ of social services to adequately pay realistic rents and Other costs associated with providing adequate housing. VACo opposes any legislative or administrative efforts to reduce the state maintenance of effort for administra- tive funding for local departments. VACo sees Project ADAPT as a vital link at the loca~ level for achieving success in welfare reform, VACo supports full implementation of Project ADAPT to coincide with full implementation of welfare reform. VACo supports continued incremental state funding for implementation of th~ t 994 legislative study of com- pensation of local social services employees. Funding must be a permanent base adjustment to lodal depart- ments administrative funds. VACo supports state initiatives to develop more grants and/or loa~._to assist in the start-up of affordable and a,q,uality child care programs locally. ~ACo supports full funding for child care under welfare reform initiatives, including recipients that transiuon from welfare ro work. As a part of this effort, the state shall fund the start;up costs for child daY care to ensure affordable and quality child day care programs. VACo opposes any shift of child day care costs to local govern- ments. r~ EDICAID VACo urges the state to support continued federal and state funding fo? Medicaid. VACo further supports the integration of all Medicaid funding for. mental health, mental retardation and substance abuse services at the local level through* comrntinity services boards. VACo opposes any actions that would result in the transfer of costs to local government for any responsibilities that have previously been covered by the stite Medicaid program. VACo opposes any transfer of responsibilities to county governments, under the Medicaid program, for aging, ~ mbility and long-term care services without adequate funding. MANAGED MENTAL HEALTH CARE VACo supports a mental health system'in which plan- rang and decision-making are community-based. The system should be consumer focused and att services must be fully integrated. VACo supports the concept of having the CSB as the s'mgle local organization respon- sible for the management, coordination and provision of community mental health services. VACo supports the integration of all public funding for mental health services through the CSB. VACo. supports the concept that ptiblic funding for mental health services should be reinvested as necessary to address consumer need. VACo opposes any proposed system change that would shift funding from the stare to local governments. VACo supports efforts seeking the 1115 federal Medic- aid waiver, that provides for the carve-out of mental . health, mental retardation and substance abuse services from managed health care. VACo supports the "Principles To Guide and Opera- tional Concepts for Virginia's Publicly Funded MHMRSAS System" developed by the Virginia Associa- tion of Community Service Boards in collaboration with consumer and family representatives. VACo would support a system change adhering to these ,principles and concepts. POSITIONS AGRICULTURAL PRODUCTION ACTIVITIES VACo supports legislation to restore the authority of local governments to approve "agricultural production activities" through use permits, conditional use permits or special excepfiops. NON-CONFORMING SIGNS VACo continues to support legislation that would author'zm local governments.to establish reasonable procedures and dme periods for the amortization of non-con,fo[~-ning signs. CHESAPEAKE BAY PRESERVATION ACT VACo requ~ts legislation that would require the Chesa- peake Bay L,o, cai Assistance Board to amend the Chesa- peake Bay pr-eservation area designation and manage- ment regulations (VR 173-02-01) in a manne? that would allow localities to use other practices than those currently required to achieve equivalent objectives in improving water ~luality. CHESAPEAKE BAY PRESERVATION ACT VACo supports enabling legislation that makes available suitable financial mechanisms for local governments to implement programs to meet the provisious of the Chesapeake Bay Preservation Act. CLEAR-CUTTING GAME COMMISSION LAND VACo supports a study to determine whether clear- cutting adversely affected areas during the floods of June 1995: COASTAL ZONE MANAGEMENT AREAS VACo supports legislation that would prohibit any state agency from establishing orpartlcipating in the estab- lishment o£ a coastal zone management program or similar program west of Interstate 95. COMPREHENSIVE PLANS~ VACo supports legislation that would require state agencies to give consideration to local comprehensive plans. COUNTY REVIEW OF TOWN LAND USE VACo supports legislation that would permit boards of supervisors to review for comment large-scale residential developments within town limits. DEPOSIT ON BEVERAGE CONTAINERS VACo supports legislation that would establish a deposit on beverage containers. DEVELOPER REIMBURSEMENTS[ VACo supports legislation that would ~ow all localities to require subsequent developers to reh'nbutse initial developers on a pro rata basis for off-site improvements provided by initial developers. DEVELOPMENT COST~ VACo strongly opposes any dilution of existing local government enabling authority regarding conditional zoning. VACo strongly supports extending authority in ~ 15.1;491 (a) to all counties. In lieu of (or in addition to) statewide conditional zoning, VACo also strongly supports allowing all counties to require, impact fees as a condition of sire plan or subdiv, ision approval to defray the costs of off-site public improvements necessitated by new development. · ENVIRONMENTAL PERMIT FEES VACo opposes any additional authority for any natural resources agencies to impose fees on local governments for the review of permit applications or any other activities that should be financed through general fund revenues. VACo supports legislation that would elimi- nate permit fees and return the responsibility-for meet- ing the costs of processing permit applications to the EXCEPTIONAL WATERS ~ rA~o supports legislation that would require the State Water Control Board to consider comments from counties when making exceptional waters-or Tier III designations. · The V'ncginia Association of Counties supports an exemption to local governments in demonstrating financial assurance for municipal solid waste landfills. FLOW CONTROL To allow for a comprehensive and cost-effective ap- proach to solid waste management by local govern- ments, VACo supports legislation at the state and federal levels to expand local government authority to execute ?fl~? control" ordinances. GROWTH MANAGEMENT VACo requests authority for all local governments to impose impact fees, statewide conditional zoning, ~t~ansferable development rights and adequate public .cilifies provisions in zoning and subdivision ordi- nances. HISTORIC DISTRICT ZONING Section 15.1-503.2~.'1 of the Code of Virginia autho- rizes localities to designate as a historic district for zoning purposes areas contiguous to arterial streets or highways found by the governing body to be significant routes of tourist acs:es~ to designated historic landmarks, buildings, structures or districts. VACo requesr~ that the types of roads listed include collector streets and high- ways that the locality determines contribute to the character of the community and that are designated by the locality.as scenic or historic roads. , HOME.OWNER ASSOCIATIONS VACo supports, at local option and by ordinance, allowing the formation of home owner associations (or the equivalent) and providing them with the authority to charge reasonable fees or assessments to pay for /,fi~provements (including streets, roads and drainage ays) desired by the majority of home owners within any residential development in a private road subdivi- sion. JOINT CONTRACTS FOR UTILITY MARKING VACo supports amending the Code of Virginia to allow counties to enter into joint contracts with more than one utility operator for utility marking. LAND USE VALUE ASSESSMENTS AND TAXATION VACo supports authorizing local governments to determine minimum acreage requirements for land use value assessments for agricultural, horticultural, forestal and open space real estate. VACo also supports legisla- tion giv'mg localities the option of eliminating land use value taxation in commercial, industrial and planned residential zoning classifications. LANDFILL REGULATIONS VACo supports legislation and regulations that are performance-based and that provide local governments with the flexibility to adapt landfill designs to site- specific conditions. ~IANUFACTURED HOMES VACo supports legislation to repeal provisions of ~ 15.1- 486.4 of the Code of V',rg'mia requiring counties to permit single-wide manufactured homes in areas zoned for agricultural and other related uses. ~IAP COORDINATE VALUES VACo supports amendments to 955-290 of the Code of Virginia to eliminate a requirement that coordinate values for maps based on the V'.~rginia coordinate system of 1983 be expressed only in meters and to instead provide for the optional use of meters, United States survey feet or international feet and decimals thereof. PACKAGING VACo supports legislation restricting the use of certain materials in manufacturing and packaging that axe not degradable. PORTABLE SIGN REMOVAL VACo supports amending the Code of Virginia to permit, by local opdon, zoning inspectors to remove illegal portable signs from private property after proper procedures have been followed and the landowner is cited for repeated violations. PUBLIC WORKS VACo supports legislation to amend ~15.1-295 to permit counties and sanitary districts, at their option, to impose a lien against real property served for unpaid - water and sewer charges. SEWER AVAILABILITY FEES. VACo supports legislation that would grant counnes authority to enact sewer and water availability fees and mandatory water and sewer connection powers. SOLID WASTE OR RECYCLING FUND VACo supports the'appropriation of funds into the Virginia solid waste or recycling fund created under HB 865 by the 1992 General Assembly. SPOi L_i ~,.U M P SITES VACo supports a study by the General Assembly rD review the problem of the lack of acceptable sites in the commonwealth_for the dumping of spoil from necessary dredg!ng operations and to help develop or identify such sites. -~TORMWATER ESCROW AC:COUNTS VACo supports legislation allowing local governments m establish stormwater facility escrow accounts for maintenance and administration ofstormwater manage- ment facilities on a specific development site. VALIDITY OF FINAL SUBDIVISION PLATS VACo supports reinstaung the July l, 1998, sunset clause regarding the validity of final Subdivision plats for five years. VESTED RIGHTS VACo opposes anylegislation that would define a vested right by statute. VIRGINIA GEOGRAPHIC INFORMATION NETWORK VACo supports creation of the Virginia Geographic Information Network. The state should bear financial responsibility for meeting up-front costs of this system. WASTE FEES VACo supports amendments to ~15.1-362.1 of the Code of Virginia to permit all counties, at local option, to impose a household tax for solid waste disposal. WATER AND SEWER FEES VACo opposes any effort by the General Assembly rD cap water and sewer fees or otherwise impose fiscal constraints 'on the ability of local governments to provide public water and sewer services. WETLANDS BOARD VACo requests legislation that would amend 562.1- 13.5 of the Code of Virginia, extending the current requirement for wetlands boards to act on applications from within 30 days after the heatings to 45 days. This would allow more time to seek and assemble additional information that is sometimes necessary before action is ZONING INSPECTIONS SUMMONS VACo supports amending the Code of Virginia to provide local governments with the option of permit- ting zoning inspectors to issue a court summons to an individual who is violating a zoning ordinance. PENDING ISSUES These issues are pending in the Planning, Public Works and Natural Resources Steering Committee: · a proposal to support "water facilities emergency assistance grants." (Montgom. ery County)' · a proposal to support to legislation to relieve local governments of the responsibility of meeting recy- ding rates on all waste collected by p~ivate haulers and diverted from waste facilities identified to receive such waste as set out in the local Solid Waste Manage- ment Plan. (Roanoke Valley Resources Authority) · a proposal to support legislation requiring all mer- chants that sell fires to collect an equal amount of used tires and to provide proper disposal, reuse or recycling. (Roanoke Valley Resources Authority) · a proposal to support legislation allowing counties to impose a uniform license fee on waste haulers, based on Ehe volume of solid waste they collect. (York County) PRIORITIES JUVENILE OFFENDERS VACo supports legislation to permit juveniles to be held in local jails that have been constructed or reconstructed to keep juveniles separate from the adult inmate popula- tion while the juveniles are'held prior to trial and prior to sentencing. STATE POLICE VACo supports full funding for the Department of State Police at a level sufficient to provide necessary troopers statewide. POSIT! ONS CRIMINAL PENALTIES FOR ASSAULT VACo supports legislarion to amend §18.2-51.1 and ~18.2-57.1 ~Sfthe code tO provide the same criminal ~"'malties for the assault of an emergency medical ~echnician, flrefighter or animal control officer who is in uniform or has appropriate identifications that now exist for a police officer. DRY ~RE HYDRANT~ ACT VACo requests continued support of the Dry Fire Hydrants Act of 1992 with request that funding level be increased. .JUVENILE DETENTION VACo supports full funding for regional juvenile detention centers as requested by local governments acting as a region. OPEN BURNING VACo supports legislation to give local governing bodies the right to restrict open burning in all or a part of a locality with criminal penalties similar to those that the governor now has the authority to !mpose under ~10.1- 1158 of the Code. PICKUP TRUCKS VACo supports legislation to prohibit juveniles from riding in the back of pickup trucks on highways with speed limits of over 45 miles per hour.. SAFETY BELT LAW VACo supports legislation to permit primary enforce- ment of the mandatory safety belt law for drivers and front-seat passengers. POSITIONS BOND AUTHORITY FOR ROAD CONSTRUCTION VACo supports legislation to give all counties authority: to issue revenue bonds using an amount equal to 50 percent of annual allocations for secondary roads to support the debt service of the bonds. RURAL ROADS VACo,supports relaxing paving specifications for paving of rural roads with daily vehicle counts of less than 150. SECONDARY ROAD FUNDS VACo supports legislation allowing counties to us~ money from secondary road fund allocations for'debt service, as permitted on urban roads. BECONDARY ROAD CONSTRUCTION VACo opposes any proposal to increase the share paid by counties for construction of secondary roads unless the General Assembly provides additional sources of local fu~_d.i:~g. VACo does not consider increases in local real estate or personal property tax rates to be additional sources of local funding. RAIL PASSENGER SERVICE VACo recommends that the Board of Directors of the American Association of State Highway and Trauspor~a- tion Officials urge Congress to rejec~ any amendments to legislation concerning rail passenger serVmes that would limit the ability of states and local jurisdictions to continue to implement commuter rail and interciry rail at reasonable costs and to enact legislation ro provide a forum for resolution of disputes between the railroads and the states or other public agency rail service provid- ers for the use of existing rail lines. VACo urges the General Assembly and the governor to arbitrate an agreement that is in the best interest of the commonwealth and the riders of the Virginia Railway Express. ROAD SIGNS VACo supports legislation giving localities the option of requiring placement of an on-premises sign, dearly visible from the access road, indicating that any road or stre6t in a private road subdivision will not be main- tained by the Virginia Department of Transportation or by the locality unless or until it ~s improved by the developer and/or the lot owners to VDOT road design specifications. SPECIAL LICENSE PLATES VACo supports legislation authorizing the Department of Motor Vehicles to reissue special license plates for county supervisors. THROUGH TRAFFIC VACo supports legislation that would require VDOT to liberalize its standards for when it will post sigfis and prohibit residential streets from being used by through traffic, particularly trucks. TRANSPORTATION FUNDING VACo still considers statewide construction needs for transportation to be significantly greater than funds available to pay for them. The Virginia Association of Counties continues to support a sratewide increase of at least 5 cents in the state fuels tax'and increases in other transportation user fees and long-term funding mecha- nisms to finance transportation, needs. TRUCK REGISTRATION FEES VACo supports legislation that would increase truck registration fees in a manner consistent with recommen- dations in a 1991 study by VDOT on vehicle cost responsibility. Buses should not be subject to higher fees. VIRGINIA A OVERVIEW ,~wACo believes that all units of government share _csponsibility for protecting the environment. VACo recognizes that environmental problems ignore political boundaries and therefore require the cooperative efforts of federal, state and local governments for correction. In promoting such cooperative efforts, the federal and state governments should provide localities not only with leadership but also with financial, legal and administra- tive support. Local governments are willing to work as partners for a cleaner environment, however, they cannot be expected to'assume the full costs of imple- menting state and federal environmental mandates. While the state and federal governments should identify environmental objectives for localities to meet, VACo strongly believes.that Virginia localities must be pro- vided with increased flexibility to meet those objectives in the most timely, fiscally responsible and creative manner possible. To reduce duplication, complexities and costs associated with federal and state environmen- tal re. gulamry programs, VACo also urges that such programs be streamlined. o the greatest extent possible, federal, state and local agencies as consumers should assume leadership roles in protecting the environment by using vehicles that produce the least air pollution and by purchasing supplies and equipment produced through manufactur- ing processes that minimize pollution. Thus, the federal and stare governments can take a lead in stimulating markets for low-ea'nission vehicles, machinery and recycled or reused materials. LOCAL LAND USE POWERS AND GROWTH MANAGEMENT VACo opposes any legislation that would restrict current land use powers of tocal governments to estab. lish, modify and enforce zoning classifications. Local governments must remain free to adopt and enforce zoning changes that address local land use needs, especially if infrastructure systems including transporta- tion are inadequate to serve increased lahd use. Further- more. the explicit power of local governments to plan for growth and development should not be curtailed by any shape, manner or form of"vesdng" legislation, VACo therefore opposes any legislation that would define a vested right by stature. Because VACo strongly believes that land use planning should continue to be a function administered at the local level, VACo would oppose the creation of a state- wide planning process that would impose additional mandates on local governments. VACo would support the creation of a state entity with the authority topromote statewide planning coordina- tion. VACo believes that statewide planning coordina- tion could produce significant benefits for local govern- ments. For example, because the benefits 0fgrowth have not been equitably shared across the commonwealth, a statewide planning entity performing functions similar to those formerly administered by the Division of State Planning and Community Affairs could provide tedmi2 cai assistance and policy guidelines to address the which legislative oversight would be provided for studying the impacts of federal and state solid waste mandates on localities and for monitoring the perfor- mance of the department staff in interpreting and enforcing the rules within reasonable time frames. For departmental review of applications for local waste management facilities, 120 days should be the maxi- mum turnaround. VACo strongly urges the state to come to the aid of local governments in meeting finan- cial assurance requirements set by federal Subtitle D ~nequality of benefits. A repository of information atthe regulations. state level could bd a valuable resourci: in assisting local ' planning efforts, especially in cases where the local government lacks adequate technical resources for identifying areas most suitable for development. Local governments have traditionally performed services necessar~"t73 public health and safety such as ensuring DEVELOPMENT COSTS VACo strongly opposes any dilution of existing local government enabling authority established pursuant to § ! 5.1-491 (a) of the Code of Virginia and strongly supports extending such authority to-all cotmdes. In lieu of (or in addition to) starewide conditional zoning the availability of water, managing solid waste and authority, VACo also strongly supports allowing all regulating land use. VACo recognizes that the Successful counties io require that developers contribute pro rata delivery of such services willl in the future, largely shares or impact fees as a condition ofgite plan or depend on e~ective intergovernmental approaches, subdivision approval to defray the costs of Off-site VACo believes that the state has a very significant role to play in improving intergovernmental relationships and encouraging cooperation among all units and levels of government. SOLID WASTE FIANAGEI~ENT VACo recognizes the critical need for programs that manage solid waste in a manner that provides maximum environmental protection. The association also believes, however, that state and federal mmadates relating to solid waste management place heavy financial burdens on local governments. VACo urges the state to provide financial and technical assistance to localities for recy- cling, compliance with regulations govermng the construction of landfills and other solid waste manage- ment programs. It is imperative that the state establish programs that will aggressively promote the marketing and sale of recydable materialS. VACo also supports legislation that encourages source reduction by industry and prohibits certain forms of non-biodegradable packaging that cannot be recycled. State agencies should be required to participate in recycling programs. In addition, the state should place greater emphasis on the management, disposal and transportation of hazardous materials. VACo supports the creation of a means by public improvements necessitated by new development./-% C[HESAPEAKE BAY PRESERVATION ACT VACo supports the Chesapeake Bay Preservation Act and recognizes the responsibilities of local governments to adopt policies consistent with its intent. The General Assembly should consider watershed-wide approaches toward protection ofthe bay. It is also VACo's position, however, that many of the regulatory requirements established under the act constitute a series of unfunded mandates that place onerous legal, administrative and financial buMens on local governments. Therefore, VACo urges the state to provide legal, financial and technical support to assist localities in meeting the act's regulatory requirements. Both the Chesapeake Bay Local Assistance Board and Department should realize the practical problems involved in the interpretation and enforcement c/f the regulations. VACo therefore believes that the Chesapeake Bay Local Assistance Board should be open to periodic review and reevaluation of its regulations to ensure that they can be implemented in an economically feasible and practicable manner. In ~ review of these regulations, the Chesapeake Bay Local .-~ Assistance Board should consider and allow for local practices that produce equivalent results in protecting water quality. andbcal governments peake Bay Preservation Act: L~cal government4 have the initiative for planning and for implementing the provision of this chapter and the conmaonwealth shall act primarily in a supportive role by providing oversight for local government programs, by establishing criteria as required by this chapter and by providi ,ng those resources necessary to carry out and enforce the prov,s~ons of the chapter: (Code ofVi~g~nta,, make ~ I0.1-2100.Bi) review unnecessary: approved for an environmental permir~ To streamline and expedite the permit-review process, the Virginia Association of Counties supports a ~permit-by-rule" procedure that relies on certification by a licenied engineer that a fadlity witl not cause environmental damage. This type of procedure should make an extensive bureaucratic review by either a state or federal In addition, the Chesapeake Bay Local Assistance Department ~ind Board shbuld acknowledge other state and local authorities, responsibilities and programs for protecting Water quality and coord,nate - rather than duplicate Or complicate- these efforts (e.g~ stormwater management requirements). ]ENvIRON'MENTAL REGULATIONS .e Virginia Association of Counties is concerned about the effects that many complicated, overlapping and duplicative sets of regulations have on local govern- ments. In many instances, these regulations cause confusion among members of the regulated community over the question of how compliance may be achieved. To address the problems experienced by localities in complying with environmental r~gulations, VACo believes there should be a streamli~aed and {aniform approach l~y federal and state agencies in the develop- ment of environmental regulations. LAND USE TAXATION The Virginia Association of Counties believes that local governments should be prov',ded with increased flexibil- ity to shape land use taxation programs in a manner .that best serves the interest of the local government, its residents and the objectives of the land .use taxation program. As an example, VACo believes local govern- ments should be allowed to determine minimum acreage requirements for land useyalue assessments for agricultural, horticultural, forestal and open space real estate. Local governments should also have greater flexibility in determining the length of the rollback period for landowners to retroactively pay the real property taxes if the land was assessed at full market value. Counties should also have greater latitude in setting the deadline for land use assessment or to waive the late filing fee. FUTURE REGULATORY PROGRAMS Because of the large number of environmental mandates currently imposed on local governments, the Virginia Association of Counties opposes any environmental regulatory programs that either place additional un- funded mandates on local governments or further reduce local government authority to plan and regulate land use or place unnecessary burdens on landowners. VIRGINtA CRIMINA~ NETwoRK l°cal governments to thc Virginia criminal Nctw°rk in · The Virginia Ass6ciafi6n_ dfC°tinties b~lieves:thq:~ ~ checki histories of persons for non-criminal I'usric~ ' should be easier access by: the perionne! depa!tments Of; purples such as emp!°Yment background checks and local governments Orthe p~bli¢ Safety departments of : record checks fo~ l°cal Permits and licenseS~ . OVERVIEW The Virginia Association of Counties supports develop- ment ora comprehensive statewlde transportation network:that promotes the safe, convenient, efficient and affordable movement of people and goods. VACo believes it is essential that additionalstate funds be allocated for construction and maintenance of the commonwealth?s transportation network. Such a net- work should be developed in accordance with a plan recognizing diverse transportation needs in rural, urban and suburban areas o£the commonwealth. Further- serve as an appropriate model to influence transporta- tion planning at the state and local levels. The main objective of this process should be the develgpment of an intermodal transportation system that integrates all forms of transportation in a manner using the most advanced 'technologies, that is economically efficient, energy efficient and environmentally sound, that promotes economic development and that effectively and safely moves people and goods. SAFETY more, a transportation plan should be consistent with The Virginia Association of Counties opposes use by and supportive of other state programs designed to protect the natural environment and promote economic development. VACo believes that a comprehensive transportation system should be balanced and multimodal. To the greatest extent possible, transportation planning must be closely coordinated and integrated with local and regional land use planning efforts. In developing effec- tive regional transportation systems, VACo recognizes the need for'cooperation among local governments. In promoting such cooperation, VACo supports ~the provision of incentives by the federal and state govern- ments. VACo also supports the creation of federal and state incentives to promote public-privare partnerships . in the development of transportation facilities. The Virginia Association of Counties supports the creauon ora national intermodal transportation system as envisioned in the Intermodal Surface Transportation Efficiency Act. VACo believes that this system should oversize trucks of any roads that are unsafe for such vehicles. While a qualifying network of roads for travel by oversize trucks should promote economic develop- ment, it must also be developed through careful analysis of each routes geometric design, bridge capacity and any other safety factors. VACo is also concerned about the growing number of substandard bridges, in either structure or capacity, throughout the commonwealth. As a miner ofpri0nty, the General Assembly, the Commonwealth Transporta- tion Board and the Department of Transpotradon should'assure the safety of bridges in Virginia. To promote the safety of these bri4ges, the General Assem- bly should establish a separate bridge fund from which adequate money will be available. Money to pay for the construction, maintenance and improvements of Virginia's bridges should not be allocated at the expense ~-~ of money allocated for roads and other transportation ~J modes: FUNDING ~/~'kCo believes that the federal, state and local govern- ments all have significant roles to play in effectively financ'mg an integrated transportation system. Further-' more, the development of the national highway system in Virginia (as provided under the Intermodal Surface Transporrafion Effidency Act) should include not only interstate but principal arterials as well. VACo believes it is essential for local governments to be integrally involved in any future studies, that focus on changing the funding formulae or rec~rrimending new strategies for increas',ng transportation revenues. The state should identify and recommend such financing strategies as debt financing, toll roads (except when no reasonable alternative route is available), transportation districts, :user fees, public-private parmerships and increased ~ces. VACo believes it is essential that additional state funds be allocated for construction and maintenance of the commonwealths transportation network. In the event '~t the current transportation trust fund formulae are evaluated for possible change, these needs must be considered: · First, adequate funding should be provided for the construction and maintenance of the uational high- way system in Virginia. · Second, adequate funding should be provided to meet rural, suburban and urban needs. · Third, adequate federal and state funds should be provided to support local and regional efforts to improve air quality and reduce traffic congestion, especially in metropolitan areas that are affected by the Clean Air Act amendments of 1990. · Fourth, increases for allocations for the revenue sharing program'as provided in §33.1-75.1 of the Code of Virginia should be proportionate to increases in other transportation funds. Funds allocated for the revenue sharing program, however, should not supplant secondary road funds. · Fifth, consideration must De given to the manner in which counties with large quantities of acreage owned ~r~by the federal government are severely affected by the current formula for allocating secondary road funds. · Sixth, no loss ofrevenues should be experienced by any county for secondary roads. Recent studies and other documents continue to indi- cate that statewide construction needs are substantially greater than the funds ava'dable to meet them. Virginia's local governments would not be well-served by any change in the funding formuLae that simply reallocates an inadequate: pot of money. The Virginia Association of Counties continues to support an increase in the state fuek tax and other transportatio_n user fees and long- term funding mechanisms to finance these needs. Revenues f~om such fuels taxes, however, should only be used to support highways. VACo also supports a new study to reevaluate the true level of transportation needs in the commonwealth. VACo also supports a recommendation in a 1991 VDOT study (under authority of SJR 121) supporting an increase in truck'registration fees based on truck weights. This increase in fees would equitably assign costs on the basis of use and enhance the'state's ability to obtain revenues for road maintenance. VACo strongly believes that localities should be.pro- vided with expanded legal anthority to impose impact fees and other funding mechanisms to pay for addi- tional local transportation facilities necessitated by new development. VACo also believes that the program to support' construction, reconstruction, improvements and maintenance of access roads to indus/rial sites (as provided in 933.1-221 of the Code of Virginia) should be expanded to include farm-m-market roads). COM I~ONWEALTH TRANSPORTATION BOARD The Commonwealth Tra~?sportation Board often makes a number of decisions that significantly affect local governments. Because of the importance of many of these decisions, VACo believes it is imperative for the board to reform its procedures to fadlitate increased and more meaningful participation by local government offdals in the board's meetings and work sessions. The board should also consider ways m improve communi- cation with the Vir~ginia Association of Counties. VACo appreciates the continued efforts by VD'OT's staff to communicate with the association on many important transportation issues. Furthermore, the board should strongly consider procedur~es_.that will allow local government offdals to have a gf~/ihr degree of parrieipation when decisions are made on such locally significant matters as speed limits, designation of routes for oversize trucks, roads in historic districts, location of ttaffc signals, public bikeways ana required design standaMs for subdivision streets, To the greatest extent possible, any decisions made by either the Commonwealth Transportation BoaM or the staffof the Virginia Department of Trans- portation should be made in a manner that recognizes and is considerate o'f a community's preferences as reflected in local comprehensive plans, zoning ordi- nances and subdivision oMinances. VACo would also appreciare.notification from the boaM about any changes in its membership. VACo would also support legislation that would permit counties to accept up to 100 percent of the cost to improve substandard roads. It is imperative that decisions by the Commonwealth Transportation Board or the staff of the Virginia De- partment of Transportation should not be made without recognition and serious consideration and analysis of the fiscal effects of those decisions on local govern- ments. VACo adamantly believes that no decisions by the board or VDOT staffshould go into effect without sufficient and timely notice allowing local governments adequate nme to make the necessary adjustments to their budget and tax policies. ALTERNATIVE TRANSPORTATION MODES In developing a transportation system that will consis- tently serve the objecfive~ of the Intermodal Surface Transportation EffciencyAct, VACo strongly supports research and development of new and improVed trans- portation technologies. Such technologies may include but are not limited to "smart highways," magnetic levitation, motor vehicles with improved fuel efflcien- des and light rail systems. VACo also supports policies that will not degrade the environment and that will enhance the conVenience, efffciency, safety, affordability and cleanliness of such alternat',ve transportation modes as fixed-inure mass transit, special commuter bus services, ride sharing, van pooling, high-speed interjurisdictional rail and other services that are important elements of an integrated and well-balanced public transportation system. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Sustainable High School Design and Land Acquisition SUBJECT/PROPOSAL/REQUEST: Approve Appropriation #95028 for sustainable design funds needed in current fiscal year and additional funds for property acquisition. STAFF CONTACT(S): Tucker, Higgins, Reaser AGENDA DATE: November 1, 1995 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: On October 4, 1995, the School Board and Board of Supervisors approved the four recommendations on the attached Executive Summary related to sustainable design for the new high school and the additional funds needed for the land purchase. Since that lime, staffhes continued negotiating with the consultants involved in this project and have reached agreement on design fees which will require $135,000 in additional appropriation in the current fiscal year rather than the $235,000 noted in the October 4th approval, This negotiation brings the total amount involved in sustainable design within the $2 million total indicated during discussions on sustainable design for the new high school. Secondly, additional funds needed for the land p~chase above the g 1.5 million originally built into the school construction budget are needed based on the approval by the Board of a purchase price of $1.9 million. RECOMMENDATION: Approval of Appropriation #95028 for $135:000 in engineering planning funds and $400,000 for additional funds for the land purchase for a total of $535,000 to come t~om the County's General Fund. The $135,000 will be returned to the County's General Fund upon receipt of VPSA funds for the high school in a future bond issue. 95.187 FISCAL YEAR APPROPRIATION REQUEST 95/96 NUMBER 95028 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND CIP - SCHOOLS PURPOSE OF APPROPRIATION: ADDITIONAL FUNDING FOR THE NEW HIGH SCHOOL. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT 1900060304312350 ENGINEERING/PLANNING $135,000.00 1900060304800750 PURCHASE OF LAND 400,000.00 1100093010930004 TRANSFER-SCHOOL CIP 535,000.00 TOTAL $I,070,000.00 REVENUE DESCRIPTION AMOUNT 2900051000512004 TRANSFER FROM GENERAL FUND $535,000.00 210005100~510100 APPROPRIATION FROM FUND BALANCE 535,000.00 TOTAL $1,070,000.00 REQUESTING COST CENTER: COUNTY EXECUTIVE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNA TURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY i? O~ARD OF SUPERVISORS AGENDA TITLE: New High School - Sustainable Architecture & Enviromnental Technology Leadership Challenge SUBJECTfPROPOSALrREQUEST: New High School/ STAFF COI~ACT(S): Mr. Tucker, Ms. Higgins, Mr. Reaser AGENDA DAIE: October 4, 1995 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY': INFORMATION: / DISCUSSION: The New High School is currently programmed to open in Fall of 1998. The existing construction cost budget is $1,7M. In order to enchance the eduational goals and integrate the highest environment standards, the New High School would menrporate "sustainable" stategies. This will requ/re an increased initial capital investment in order m research, design, and include the sustainable features in the construction. The initial capital investment would be increased by $2 Million. In order to allocate these funds for the maximum benefit, the actual resarch will include a cost- benefit analysis of sustainable strategies. Aprelim/nary list of the proposed strategies is shown on page 9 and 10. The strategies or combination of strategies that refflect a "reasonable" payback would be incorporated into the prqiect. An example of this analysis on a spee'fflc project is shown on pages 11 - 14. A sumsmry oflhe Environmental Technology Leadership Challenge is attached (green pages). The Thomas Jefferson Sustainability Council, and by aasooiatlor~ the Thomas Jefferson Planning District, was asked to participate in the chal/enge as a "founding leader". A founding leader is a person or group that agrees to work with other founding leaders(businesses and other communities) to develop ways to showcase the use of environmental technology to the rest of the nation. One potential benefit of this program is to en/mnoc the poasib~ity of technology par~erships. By making the decision to de~n and build a sustainable high school, it will provide the oppommity to showcase and demonstrate how sustainable strategies can enhance the learning enviroment. In order to meet the project schedule, it is critical to make the decision at Ks time To fund this effort, a portion of the $2 Mill/on must be made available with the balance to be appropriated in '96-97. The decision to purchase the 107 acre s/to for the New High School and other county uses was previously made in the amount of $1.9 Million. The existing appropriation for land within the New High School budget is $1.5 Million. The $400,000 for the land purchase and the additional $235,D00 will be coming fi-om borrowed funds and the appropr/ate resolutions and appropriation forms will follow once Board action is taken to approve. RECOMMENDATION: In order to move forward on this project and meet the project schedule, the Board would need to do the following: 1. Approve the additional fimds needed for the land purchase in the amount of $400,000 fi-om borrowed funds. 2. Approve the additiunal funding necessary to research, design and construct a Sustainable High School. The portion of funding required in this fiscal year is $235,000 for additional consultant services beyond originally anticipated for design. 3. Adopt a resolution to accept the Enviroumental Technology Leadership Challenge to spotlight this project. 4. Acknowledgn the total cost for Sustainable Design for the New High School will be $2.0 million fi:om borrowed funds. 95.168 COUNTY OF ALBEMAR1 EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: AlbemarIe-Charlottesville Regional Jail Authority Agreement November 1, 1995 SUBJECT/PROPOSAL/REQUEST: Approval of Agreement to Create Regional Jail Authority STAFF CONTACT(S): MeSsrs. Tucker, Davis ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: BACKGROUND: The Albemarle-Charlottesville Regional Jail Board has proposed the creation of a regional jail authority to facilitate the operation and expansion of the.jail. State approval for funding a 115 bed.jail addition and other improvements is moving forward. The creation of the authority will allow a financial plan for the project to be prepared based on the authority's issuance of bonds. DISCUSSION: The attached Albemarle-Charlottesville Regional Jail Authority Agreement creates a nine member Board to govern an authority to provide a regional j ail for the City of Charlottesville and the County of Albemarle The anthority will essentially operate the same as the existing jail board except that its proposed board will be expanded to include the County Executive and City Manager or their designee and will have the legal authority to issue bonds to £mance capital projects, The operating expenses are proposed to be paid on a usage basis with a per diem rate applied for the prior month's actual usage. The County's and City's prisoners are defined as those persons being held for offenses committed within its jurisdiction. Capital costs are shared equally for administrative, program, and support areas. The capital costs for improvement of cells or other prisoner housing areas is included in the per diem charges and, therefore, will be shared based on actual usage. No capital project can proceed without the independent approval ofboth the County and the City. An annual budget will be reviewed by both the County and City to establish tbe per diem rote. 2:he budget must be adopted by a maJoray vote of the entire jail boar& The County will act as the fiscal agent for thejail until the authority assumes thisrespousibility. Such a transition is antieipatedto occur in fiscal year 1996. The creation of the authority is necessary for the jail board to proceed with the financial planning necessary for final approval of state funding for the jail improvements by this year's General Assembly and to proceed with the capital project. The authority will be created upon approval of allparties with the financial terms being effective July 1, 1996. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution authorizing and directing the County Executive to execute the Albemarle-Charlottesville Regional Jail Authority Agreement to create a regional,jail authority in cooperation with the City of Charlottesville. 95.189 JAILAUTH. WPD e COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles $. Marti~ Waiter F. Perkins Sally H. Thomas TO: ROBERT W. TUCKER, JR., COUNTY EXECUTIVE FROM: LETTIE E. NEHER, CMC, CHIEF DEPUTY CLERK~/' DATE: NOVEMBER 6, 1995 SUBJECT: RESOLUTION - JAIL AUTHORITY AGREEMENT Attached is the original of the resolution adopted by the Board at its meeting on November 1, 1995, authorizing the County Executive to execute the Albemarle-Charlottesville Regional Jail Authority Agreement to create a regional jail authority in cooperation with the City of Charlottesville. LEN/mms Attachment (1) Printed on recycled paper RESOLUTION Whereas, the County of Albemarle and City of Charlottesville are currently operating, through a Regional Jail Board, the Albemarle-Charlottesville Joint Security Complex which serves as the jail for both jurisdictions; and Whereas, Chapter 3, An/de 3.1 of Tide 53. i of the Code of Virginia, authorizes the creation of a regional jail authority to replace the existing Regional Jail Board and to assume the powers and responsibilities for the operation of the jail; and Whereas, the County has determined that the creation of the iail authority will facilitate and improve the operation, financing, and maintenance of the jail and thereby enhance the public safety and welfare within the region. Now, Therefore, Be It Resolved that the Board of County Supervisors of Albemarle County, Virginia, hereby authorizes and directs the County Executive to execute the Albemarle-Charlottesville Regional Jail Authority Agreement to create a regional iail authority in cooperation with the City of Charlottesville. i, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of ._~ too on November 1, 1995. Clerk, Board of County ors/x,_// Albemarle.agt revised 10/25/95 ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY AGREEMENT By and Among THE COUNTY OF ALBEMARLE, and THE CITY OF CHARLOTTESVILLE and THE ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY Dated: November 1, 1995 PO3 10-26-95 05:237~ THIS AGREEMENT (the "AGREEMENT") is made by and among thc COUNTY OF ALBEMARLE and the CITY OF CHARLOTTESVILLE, both of which are political subdivisions of the Commonwealth of Virginia (collectively the "Member Jurisdictions"), and the ALBEMARLF_.CHARLOTI'ESVILLE REGIONAL JAIL AUTHORITY "Authority" ). RECITALS WHEREAS, the Member Jurisdictions are currently eperat/ng, through a R~gional Jail Board, the Albemarle-Charlottesville Joint Security Complex (the "Security Complex"), which serves as the Jail for both Member Jufisdict/ons; and WHEREAS, the Member .Iurisdictions intend to authoriz~ and create a regionai jail authority, as provided in Chapter 3, Article 3,1 of Titie 53.1 of the Code of Virginia, to replace the existing Regional Jail Board and assume its powers and responsibilities for the operation of the Jail; and to enhance public safety and welfare within the region, for the protection of its citizens, by the financing, construction, equipping, maintenance and operatio~ of an addition and improvements to the Jail; and WHEREAS, to pay the cost of operating the Jail and finandmg, constructing, equipping, maintaining and operating ~ditions or improvements to the Jail. the Member lurisdictions agree to pay certain amounts on certain terms as set forth herein; NOW. THEREFORE, the parties agree as follows: -1- ARTICLE I Definitions The capitalized terms in this Agreement have the meanings set forth below unless the context otherwise requires. "Annual Budget" has the meaning given to such term in Section 4.7. "Applicable Laws" means all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all rules, regulations, orders, interpretations, licenses and permits of any Federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority. "Authority" means the Albemarle-Charlottesville Regional Jail Authority,as created in and by this Agreement. "Authority Default" has the meaning given to such term in Section 9.1. "Bonds" means revenue bonds issued by the Authority for the design, construction and other costs of the Jail and any additions or improvements thereto. "Capital Expenses" means all costs, including but not limited to costs for architectural, engineering, planning, legal, financial or other professional services; land acquisition, labor, materials and equipment, contractors' fees, utility connection and building permit fees, capitalized interest, and other charges incurred for demolition, excavation, constructions equipping, paving, or landscaping, incurred or required for building and otherwise completing any addition to the existing Jail. or for building any future replacement for the Jail. Unless the context clearly indicates otherwise, "Capital Expenses" shall also -2- include "Debt Service." ~Debt Service" means the amounts of principal and interest payable by the Authority to retire any bonds, notes or other obligations issued by the Authority. The Member Jurisdictions shall reimburse the Authority for its Debt Service attributable to Capital Expenses, partially through the per diem rate paid by the Member Jurisdictions for their prisoners, and partially through Additional Payments for Debt Service, in accordance with the provisions of Section 5.1 below. "Expenses" means all expenses which may reasonably be determined by the Authority to be attributable directly or indirectly to the ownership or operation of the Jail and payable as operating expenses in accordance with generally accepted accounting principles and shall also include debt service payments and other capital expenses, required payments to the Operating Reserve Fund established in Section 5.3, required payments to any debt service reserve established in connection with any Bonds and other reasonable or necessary payments required to comply with debt service coverage requirements imposed in connection with any Bonds in Section 5.3. "Fiscal Year" means the annual accounting period from July 1 of one year to June 30 of the following year. "Jail" means the existing regional Joint Security Complex located at 1600 Avon Street Extended, Charlottesville, Virginia, together with any additions or improvements constructed and equipped by the Authority at that location or any future replacement for such facility al such other location as may be determined by the Authority in the future~ ~Member Jurisdiction" means the County of Albemarle and the City of Charlottesville, each a political subdivision of the Commonwealth of Virginia, and any other political subdivision that may hereafter join the Authority, but excluding any political subdivision that may have withdrawn from the Auth~)rity, as provided in Sections 6.7 and 6.8. "Member Jurisdiction Default" has the meaning given to such term in Section 9.2. "Net Debt Service" means the total annual Debt Service on obligations of the Authority, less any reimbursements for such Debt Service received from the Commonwealth of Virginia. "Net Operating Expenses" means Operating Expe~ses reduced by an amount equal to revenue from (i) non-member jurisdictions (including the federal government), (ii) Operating Expenses of the Authority reimbursed by the Commonwealth of Virginia, and (iii) all other non-member revenue. ~Notes~ means revenue anticipation notes issued by the Authority. "Obligations" means the Notes or Bonds or other instruments of debt issued by the Authority. "Operating Expenses" means all expenditures for salaries, goods, services, utilities, routine maintenance and other items incurred by the Authority in the daily ownership and operation of the jail, but excludes any Capital Expenses. "Operating Reserve Fund" means the reserve fund established in Section 5.3. "Placed in Service" means the first day on which the Jail or any addition thereto has been certified by the appropriate authority of the Commonwealth to accept Prisoners. "Prisoner(s)" has the meaning given to such term in Section 4.1. -4- ARTICLE II Creation of Authority_ Section 2.1 Regional Jail Authority. By their approval and execution of this Agreement, the Member Jurisdictions hereby establish a regional jail authority pursuant to Chapter 3, Article 3. t of Title 53.1 (Sections 53.1-95.2 et. seq.) of the Code of Virginia, as amended. The name of the Authority shall be the ALBEMARLE-CHARLOTFESVILLE REGIONAL JAIL AUTHORITY (the "Authority"). The principal office of the Authority shall be located at the Office of the Superintendent of the Albemarle-Charlottesville Joint Security Complex, 1600 Avon Street Extended, Charlottesville, Virgima 22902. Section. 2.2 Board. The powers of the Authority shall be exercised by a Board (the "Board") consisting of four members from each of the Member Jurisdictions, as described below, and one member appointed jointly by the governing bodies of the Member Jurisdictions. The first member from each Member Jurisdiction shall be its duly elected sheriff. The second member from each Member Jurisdiction shall be a currently serving member of the Jurisdiction's governing body appointed by the governing body. The third member from each Member Jurisdiction shall be its current county executive, city manager or other chief executive officer, provided that such officers may designate other staff members to act as their alternates, who, if approved by their respective governing bodies, may attend and vote in place of the chief executives. The fourth member from each Member Jurisdiction shall be any other citizen of that Jurisdiction appointed by its governing body. The Sheriffs' service on the Authority shall be coterminous with their elected terms, and executive officers' terms shall be coterminous with their employment. Other members shall -5- be appointed for three year terms: Members may be removed by their appointing authorities for failure to attend meetings or for other sufficient cause. The membership of the Authority may be increased or decreased by joint agreement of the governing bodies of the Member Jurisdictions, subject to the limits imposed by applicable state statutes. Upon execution of this Agreement, the current appointees to the Regional Jail Board shall serve as the initial Board of the Authority, and shall continue in such off~ce until their successors are appointed. Such Regional Jail Board members shall be eligible for appointment to full terms as members of the Authority, provided that no person's service (except that of sheriffs or of any city manager or county executive or county administrator appointed by a Member Jurisdirtion) as a member on the Board of the Authority, or combined service on the Authofity's Board and the Regional Jail Board, shall exceed three full terms, Any officer or employee of a Member Jurisdiction, appointed to the Board by that Member Jurisdiction, who ceases to hold office or be employed in the Member Jurisdiction shall likewise vacate his other seat on the Board, unless reappointed by the governing body of the Member Jurisdiction. The Board shall establish bylaws governing the election of officers, the conduct and scheduling of meetings and giving notice thereof, and other procedural matters. Section 2.3 Purpose of Anthority. The purpose of the Authority shall be to operate the Jail as set forth in paragraph 2.5 hereof and to finance, design, construct and operate additions to the existing jail facility, subject to alt zoning and other legal requirements, as described in Article Iii of this Agreement. The general scope and nature of such -6- improvements and additions and the estimated cost of designing, financing and constructing same are set forth in Section 3.1. It is anticipated that this Capital Expense will be financed through Notes and/or Bonds issued by the Authority, and that reimbursement of a portion of the annual Debt Service on these Obligations will be paid by the Commonwealth of Virginia. Section 2.4 Powers of Authority. The Authority shall have all powers as set forth in Chapter 3, article 3.1 of Title 53.1 (Sections 53.1-95.2 ~. seq.) of the Code of Virginia, or its successor statutes, as amended from time to time, as well as all other powers conferred by state law upon regional jail authorities, and all powers necessarily and reasonably implied from such expressly granted powers. Section 2.5 Operation of Jail and Transfer of Property. Upon the approval of this Agreement, the Authority shall assume full management and control over the operation of the Jail, and succeed to all rights, privileges and obligations of the Regional Jail Board. The Member Jurisdictions agree to transfer all real and personal property associated with the Jail, including title to any fund balances and accounts receivable, to the Authority at no cosl to the Authority, and further agree to execute all necessary deeds or other documents to effect such transfer. Notwithstanding the foregoing, the County of Albemarle shall continue to serve as the fiscal agent for the jail until such time as the Authority acts as its own fiscal manager, either independently or by contract with the City or the County or a private entity, but in any event with the objective of securing these services for the Authority in a streamlined, cost-effective and professional manner. The Authority shall assume this responsibility on or before July 1, 1996, unless the County of Albemarle agrees to an extension of this deadline. -7- Section 2.5:1 10~ture disposition of Jail Property. In the event the Authority is to be dissolved or its powers and obligations are to be transferred by operation of law to some other public entity, the Authority shall, if consistent with outstanding bond indentures or other obligations, convey all its real and personal property to such other entity for a consideration of One Dollar. In the event the Authority determines that the real estate and improvements comprising present Jail property are no longer needed for jail purposes, the Authority shall reconvey the same to the County of Albemarle and the City of Charlottesville, or their successors and assigns, as tenants in common, Section 2.6 Prior Agreement. This Agreement supersedes the regional jail agreement dated October 18, 1977, previously entered into by the Member Jurisdictions. Any provision of such earlier agreement inconsistent with this Agreement shall be of no further effect upon the adoption of this Agreement by all of the parties hereto. The Member Jurisdictions agree to consider amending their existing ordinances, and taking such other actions as may be necessary to reflect the transfer of ownership of and responsibility for the Jail from the Regional Jail Board to the Authority consistent with this Agreement. ARTICLE IH New Construction Section 3.1 Construction of Jail Improvements. The Member Jurisdictions hereby approve expansion of the Jail by construction of a 115-bed addition, together with an intake center, additional program space, updated HVAC system, and oilier related improvements, which wilt serve both the existing jail facility and the additional 115 beds. The Board of Corrections has approved a preliminary construction cost estimate for the entire improvement -8- project of approximately $13.75 million dollars. Upon approval of this Agreement, the Authority will proceed with the financing, design and construction of this project which shall constitute a Capital Expense as defined in this Agreement, subject to approval by the Member Jurisdictions, of the general construction contract following receipt of bids by the Authority~ The Authority further agrees not to incur any other future Obligation to finance any other Capital Expense for any other improvement, expansion or replacement of the Jail without similar prior approval from the Member Jurisdictions. Section 3.2 Compliance. The Authority agrees to construct the addition and improvements to the Jail in accordance with the requirements of all Applicable Laws. The Member Jurisdictions agree to provide reasonable assistance to the Authority in complying with any such requirements, and will provide the Authority with any and all information that may be necessary in this regard. Section 3.3 Agreement to Finance. The Authority agrees to finance the Capital Expenses for the approved addition and improvements, including expenses associated with the financing, through the issuance of revenue bonds. In addition, the Authority may ~ssue revenue bond anticipation notes or other short-term obligations for this purpose. One-half of eligible Capital Expenses for the approved addition and improvements, or of the Debt Service on such Capital Expenses, is expected to be funded by the Commonwealth of Virginia pursuant to Section 53.1-81 of the Code of Virginia° The Authority agrees to pursue this and any other state or federal reimbursements that may be available to it. In the event the Commonwealth does not agree to fund one-half of the eligible Capital Expenses or of the Debt Service thereon, the Authority shall not proceed to construct -9- the addition or improvements unless further approval is received from each of the Member Jurisdictions. ARTICLE IV Provision of Services, Operation and Maintenance Section 4.1 Acceptance of Prisoners. The Authority will accept Prisoners from each Member Jurisdiction (and to the extent space is available, from other jurisdictions, including the federal government and its agencies) who have been (i) duly arrested for committing a criminal offense and held over pending trial or (ii) duly convicted of committing a criminal offense and sentenced to a term of incarceration by a court having proper jurisdiction (the "PrisonersD.If the Jail is at capacity, as defined by the Authority, the Authority shall be responsible for securing alternative housing for all Prisoners from the Member Jurisdictions. The Authority shall first, however, have a duty to remove all Prisoners other than those from Member Jurisdictions from the Jail. Section 4.2 Commitment of Prisoners. Each Member Jurisdiction agrees to offer to commit all of its Prisoners to the custody of the Authority. Each Member Jurisdiction*s prisoners shall be defined as those persons being held for offenses committed in that jurisdiction. To encourage compliance with the provisions of this Section, each Member Jurisdiction hereby agrees that it will refuse to pay for the incarceration of any of its Prisoners committed to custody in any jail other than the Jail unless (i) the Jail is full, (ii) the Authority refuses to accept such Prisoner, (iii) commitment of such Prisoner to a correctional facility other than .the Jail is ordered by a court of competent jurisdiction or (iv) a court of competent jurisdiction orders the Member Jurisdiction to make such payment. - 10- 05:237M t0-28-95 Section 4.3 Transportation of Prisoners. Unless the Authority agrees otherwise, each Member .lurisdiction shall be responsible for the initial transportation of Pfisonexs from such Jurisdiction to thc Jail for processing into the Jail populalinn, and for transporting/ts prisoners from the lail to court appearances and back. The Authority shall be responsible for transporting Prisoners for medical and dental care and other required purposes and for all costs, expenses and security relating to such Prisoners during transportation. Section 4.4 O~eration and Maintenance. The Authority wilt operate and maintain the Jail in accordance with all other Applicable Laws. The Authority shall be an equal opportunity employer. Section 4.5 !!tl!!r. ttl~- The Authority will maintain hazard, liability or such other insurance as may be required by Applicable Law, or which the Authority may deem advisable. Section 4.6, ~. The Authority will provide to each Member Jurisdiction on ox before each October ! a report showing the activities of the Authority and its revenues, expenditures, and employee compensation schedules and other similar data for the preceding Fiscal Year. Section 4,7 All~gt!._~lt~. The Authority will provide to each Member Jurisdiction on or before dates in the fiscal year specified by the Member Jurisdictions the Authority's preliminary Annual Budget for the next Fiscal Year and its final Annual Budget for the next Fiscal Year. For each Fiscal Year in which the Jail will be m operation, such Annual Budget shall set forth the per diem charge for each Prisoner committed to the Authority by the Member Jurisdictions, and the Additional Payment for Debt Service to be -11- made by each Member Jurisdiction, as well as the projected number of Prisoners from each Member Jurisdiction, all for the next fiscal year. The Authority agrees m set, and revise at least quarterly if necessary, per diem charges and Additional Payments for Debt Service that are sufficient to generate revenue adequate to pay Net Operating Expenses and Net Debt Service, and to fund any required reserves~ Within ten days of any such revision the Authority shall notify each Member Jurisdiction of the revised charges and payments required. Any such revision will be based on factors affecting the Jail's revenues or expenditures, including but not limited to changes in assumed or actual occupancy levels, operating expenses, State operating or capital cost reimbursement, and any nonpayment by any Member Jurisdiction or other jurisdiction housing prisoners at the Jail. The Authority will promptly provide copies of any amendments to its Annual Budget to each Member Jurisdiction. Section 4.8 Books and Records. The Authority will maintain proper books of record and account in which proper entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the Jail. As long as the County of Albemarle or some other governmental entity continues to serve as the fiscal agent for the Authority, however, as provided in Section 2.5, the Authority shall be obligated to maintain only those financial records prescribed by the chief financial officer of such fiscal agent, with the fiscal agent maintaining the remaining necessary records. All books of record and account and documents in the Authority's possession relating to the Jail shall at all reasonable times be open to inspection by such agents or employees of the Member Jurisdictions as they may - 12- 10-16-95 05:237~ ,... designate. If and when the Authority assumes full responsibility for it~ own fiscal management, it shall have an amleal audit conducted by aI~ independent outside auditor, with copies being provided to the Member Jurisdictions. Section 4.10 Maloritv Resulted for AuthorltvDeci$1O]l~, A majority of the members of the Board shall constitute a quorum for the transaction of its business, An affirmative vote of a majority of the full membership of the Board shall be required to adopt the Armual Budget, to amend the per diem charges as set forth in Section 4.7, or to approve the creation of any Obligation or any other contract obligating the Authority for longer than one year. All other decisions of the Board may be made by affirmative vote of a majority of the members preSent and voting. Section a) ARTICLE V P~a_'arnent s Payments from Member Swfisdictiopg, Per Diem Prisoner Payments. (I) In preparing its Annual Budget, the Authority shall establish a per diem charge for the care, maintenance and ~ubsistence of Prisoners from Member ~ur/sdictions during the next Fiscal Year, This per diem charge shall be calculated as nearly as practicable to produce revenues that equal the Authority's projected Net Operating Expenses for such Fiscal Year and the portion of the Authofity's Net Debt Service for such Fiscal Year includable in such per diem charge under the previsions of subsection Ic) of this section. - 13- Such per diem charge will be adjusted by the Authority periodically as provided in Section 4.7. (2) The per diem Prisoner charges from Member Jurisdictions shall be billed by the Authority to the Member Jurisdictions not later than the 5th day of the month following the month in which the charges were incurred, and shall be paid to the Authority not later than the 25th day of the month in which they are billed and if not paid when due, shall bear interest at the rate established under § 11-62.10 of the Code of Virginia until paid; provided, however, that this provision shall not apply in instances where applicable law prescribes some other due date or late payment charge. (b) Additional Payments for Debt Service. In addition to the per diem charges for their respective prisoners, the Member Jurisdictions each shall pay, in equal shares, an amount sufficient to fund that portion of the Authority's Net Debt Service not being included in the Authority's per diem charge as tSrovided in subsection (c) of this section. These Additional Payments for Debt Service shall be paid by the Member lurisdicfions semi-annually, or on such other schedule as the Authority's Debt Service payments may fall due~ not less than five working days before each due date for the Authority's Debt Service payments. (c) Method for Allocating Debt Service Costs. The Authority's Net Debt Service costs shall be allocated between the per diem rate charged to the Member Jurisdictions and the Additional Payments for Debt Service in the following manner: - 14- (t) Upon the awarding of a contract or contracts for construction of any addition or improvements to the Jail or replacement for the Jail, the chief administrative officers of the Member Jurisdictions shall determine the relative proportions of the total projected Capital Expenses for such project that are attributable respectively to (i) the construction or improvement of cells or other prisoner housing areas and (ii) the construction or improvement of administrative, program and support areas. The relative proportions of Capital Expenses for these two categories shall be expressed as percentages. In the event the chief administrative officers are unable to agree on this allocation, the dispute shall be resolved by majority vote of all members of the Authority, whose determination shall be binding. (2) Collection of the Authority's Net Debt Service for the project shall then be accomplished through the per diem charge and the Additional Payment for Debt Service in the same proportions, so that the Net Debt Service attributable to cells or prisoner housing space is collected through the per diem charge, and the Net Debt Service for other parts of the prqiect are collected from the Member Jurisdictions in equal shares. For example, if 65 % of the total Capital Expense is determined to be attributable to the cells and prisoners housing areas, then the per diem charge for Member Jurisdictions shall be calculated to include 65 % of the annual Net Debt Service, with the remaining 35 % of Net Debt Service being collected equally from the Member Jurisdictions through the Additional Charges for Debt Service. - 15- (d) Payment for Costs of Discontinued Capital Project. If for any reason any capital project previously approved by the Member Jurisdictions is not constructed, the Member Jurisdictions shall reimburse the Authority, in equal shares, for any Capital Expenses the Authority has already incurred in connection with such discontinued project, provided, however, that the payment required by any Member Jurisdiction under this subsection will be subject to the appropriation of funds for such purpose by the governing body of the Member Jurisdiction. Section 5.2 Payments from Other Jurisdictions. Within the limits allowed by law, the Authority shall establish a per diem charge or charges for the care, maintenance and subsistence of Prisoners from non-member jurisdictions, including from the state, federal government, and other states or localities; provided, however, that in no event shall such charge or charges be less than the per diem charge for Member Jurisdictions established by the Authority for the same period pursuant to Section 5.1 of this Agreement. Such non- member per diem Prisoner charges shall be due and payable to the Authority from non- member jurisdictions having Prisoners in the Jail no later than 30 days after receipt of the Authority's periodic billing for such charges and if not paid when due shall bear interest at such rate as the Authority shall establish until paid; provided, however, that thi~ provision shall not apply in instances where applicable law prescribes some other due date or late payment charge. Section 5.3 Operating Reserve Fund. The Authority agrees to provide for an Operating Reserve Fund in each of its Annual Budgets in an amount equal to not less than 90 days of its projected Annual Budget for each year, less debt service, The Operating Reserve -16- Fund will be established as a separate account and will be used to cover periods of revenue shortfall when the Authority's revenues are not sufficient to cover its Operating Expenses or Debt Service. Section 5.4 Commonwealth Reimborsement Grants. Any funds that the Authority receives from the Commonwealth of Virginia as reimbursement for Debt Service or other Capital Expenses incurred by the Authority for constructing additions or improvements to the Jail or any replacement Jail will be applied as required by the terms of the Indenture for any Obligations issued to fund such projects. Section 5.4 Limitation of Liabilit¥~ The only obligations of the Member Jurisdictions to pay for the establishment, operation or maintenance of the Jail arise out of this Agreement. No such payment responsibility shall constitute a debt of'any Member Jurisdiction within the meaning of any constitutional or statutory limitation. ARTICLE VI Additional Agreements Section 6.1 Sale or Other Conveyance. The Authority will not sell, lease, sublease, assign, convey or otherwise voluntarily dispose of the Jail unless alt Notes, Bonds and other Obligations incurred by the Authority have been or will be paid or deemed defeased in accordance with the agreements under which they were issued. Section 6.2 Further Documents and Data. The parties to this Agreement will execute and deliver att documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. - 17- Section 6.3 Right to Access. Each Member Jurisdiction wilt have reasonable access m the Jail and its records in order to monitor the Authority's compliance with the terms of this Agreement. Section 6.4 Confidentiality. The Authority wilt maintain all records and files on the Prisoners on a confidential basis in accordance with all Applicable Laws. Each Member Jurisdiction will maintain the confidential nature of all records and files relating to the Prisoners of other Member Jurisdictions in accordance with all Applicable Laws. Section 6.5 Notification. The Authority will promptly furnish to each Member Jurisdiction a copy of any notice or order of any governmental authority asserting that the Authority or the Jail is not in compliance in any material respect with any Applicable Law. Section 6.6 Tax-Exemption Covenant. (a) The Authority intends to issue its Notes and Bonds ~n a manner such that their interest is excludable from gross income for Federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended, ahd applicable rules and regulations. The Authority and each Member Jurisdiction agree that after the Notes and Bonds have been issued they will not take any action or omit to take any action which would adversely affect such exclusion. (b) The Member lurisdictions, each of whom will receive a benefit from the construction of the Jail and the financing thereof by the Authority, agree pursuant to Section 264(b)(3)(C)(iii) of the Internal Revenue Code to allocate the amount of each issue of tax-exempt obligations issued by the Authority for the Jail to themselves on a ratio equivalent to the respective number of Prisoners committed to the Jail from each - 18- Member Jurisdiction during the previous three full fiscal years. The Member Jurisdictions find this method of allocation reasonable in light of their anticipated benefits m be derived from the Jail, and further agree that this method of allocating the Authority's tax~exempt obligations among themselves shall be irrevocable for as long as this Agreement is in effect. (c) Pursuant to Section 15c2-12C0) of regulations issued by the Securities and Exchange Commission, the Authority and the Member Jurisdictions will be required to agree with the owners of the Bonds, for as long as the bonds are outstanding, to supply certain national securities information repositories (1) annually certain financial and statistical information, and (2) periodically, notification of certain specified material events affecting the Authority, the Member Jurisdictions and the Bonds. The particulars of this ongoing disclosure requiremem will be set forth in the Indenture and in a continuing disclosure agreement for the Bonds. Each Member Jurisdiction agrees to execute and deliver a continuing disclosure agreement and to cooperate with the Authority in fulfilling this requirement, including providing the Authority with timely notice of the occurrence of any of the specified events which are material to its operations. Section 6.7 Additional Members, Any city, county or town in Virginia may, with the approval of its governing body and with the consent of all of the Member Jurisdictions, join and participate in the Authority under such additional terms and conditions for membership as may be prescribed by the Member Jurisdictions. Section 6.8 Withdrawal of Merabership. Any Member Jurisdiction may withdraw -19- from membership in the Authority by resolution or ordinance of its governing body; however, no Member Jurisdiction shall be permitted to withdraw from the Aufltority as long as any Obligations of the Authority are outstanding except by unanimous yom of all Member Jurisdictions. No Member Jurisdiction ~ ithdrawing without unanimous consent of the other Member Jurisdiction(s) shall be entitled to any reimbursement for its equity in the Jail. Section 6.9 Change in Independent Status of City. The parties acknowledge that the obligations of the City of Charlottesville under this Agreement presume Charlottesville's continued existence as an independent city. If Charlottesville ceases to be an independent city and becomes a town or other governmental unit that is part of Albemarle County, Charlottesville's obligations under this agreement shall be subject to modification in one of three (3) ways: (a) as prescribed by then-applicable state statutes for such towns or other governmental unit; or (b) as ordered by a court of competent jurisdiction; or (c) as determined by agreement of the parties. ARTICLE VII Representations, Warranties and Covenants of Authority In addition to the covenants in other Articles of this Agreement, the Authority represents, warrants and covenants as follows: Section 7.1 Organization, Authorization and Validity. The Authority is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth and has duly authorized, executed and delivered this Agreement. Section 7.2 .Authorit3~. The Authority has all requisite authority under the Act to execute and deliver and perform its obligations under this Agreement and is not a party m - 20 - any indenture, contract or other agreemem or arrangement, the performance of.which by the Authority would prevent or materially and adversely affect the Authority's ability to perform the terms of this Agreement, Section 7.3 Non-Contravention. The execution and delivery of this Agreement by the Authority and the consummation of the transactions contemplated in it will not confticl with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the Act, the bylaws of the Authority or any material indenture, contract or other agreement or arrangement to which the Authority is a party or by which any of its properties are bound, or any Applicable Law by which the Authority or the Jail is bound. Section 7.4 Litigation. The Authority is not a party to any legal, administrative, arbitralion or other proceeding or controversy pending, or, to the best of the Authority's kmowtedge, threatened, which would materially adversely affect the Authority's ability to perform under this Agreement. Section 7.5 Approvals. Except for approvals that may be expressly required by this Agreement, or by the Virginia Board of Corrections, the Authority does not require the consent or approval of any governmental body to carry out the terms of this Agreement. ARTICLE VHI Representations, Warranties and Covenants of Member Jurisdictions Each Member Jurisdiction represents, warrants and covenants for itself as follows: Section 8.1 Organization, Authorization and Validity. Each Member Jurisdiction -21 - is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed and delivered this Agreement. Section 8.2 Authority. Each Member Jurisdiction has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement. Section 8.3 Non-Contravention. The execution and delivery of this Agreement by each Member Jurisdiction and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provismns of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. Section 8.4' Litigatiom No Member Jurisdiction is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, oro to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. ARTICLE IX Defaults and Remedies Section 9.1 Default by Authority. The occurrence of any one or more of the following events will constitute an "Event of Default" by the Authority ("Authority - 22 ~ Default"): (i) failure of the Authority to pay principal of or interest when due on any Notes, Bonds or other temporary or permanent financing for the Jail issued or obtained by the Authority pursuant m this Agreement; (ii) if the Authority is for any reason rendered incapable of performing any of its material obligations under this Agreement; (iii) if the Authority makes an assignment of all or a portion of its obligations under this Agreement without the prior consent of the Member Jurisdictions; (iv) if the Authority defaults on any of its material obligations under any agreement pursuant to which any Note, Bonds or other temporary or permanent financing for the lail is issued or obtained by the Authority pursuant to this Agreement and such default is not cured within the applicable cure period; (v) if any proceeding is instituted, with the consent or acquiescence of the Authority, for the purpose of effecfing a composition between the Authority and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of the Authority; or (vi) if the Authority defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice - 23 - specifying the default and requiring it to be remedied has been given to the Authority by any Member Jurisdiction. Section 9.2 Default by Member Jurisdictions. The occurrence of any one or more of the following events will constitute an "Event of Default" by any Member Jurisdiction ("Member Jurisdiction Defaulff): (a) failure of any Member Jurisdiction to make payments of per diem Prisoner charges when due; (b) any Member Jurisdiction shall for any reason be rendered incapable of fulfilling its obligations under this Agreement; or (c) any proceeding is instituted, with the consent or acquiescence of any Member Jurisdiction, for the purpose of effecting a composition between such Member Jurisdiction and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of such Member Jurisdiction; or (d) any Member Jurisdiction defaults in the due and punctual performance of any of the other covenants, conditions, agreements and provisions contained in this Agreement, and the default continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to such Member Jurisdiction by the Authority. Section 9.3 Remedies of Member Jurisdictions. Upon the occurrence of an Authority Default, any Member Jurisdiction, after giving notice of such Authority Default to - 24 - all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement. Section 9.4 Remedies of Authority. Upon the occurrence of a Member Jurisdiction Default, the Authority, after giving notice of such Member Jurisdiction Default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Member Jurisdiction to perform its duties under the Act and this Agreement or to enjoin any acks in violation of the Act or this Agreement. Section 9.5 Remedies Not Exclnsive. No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE X Miscellaneous Section 10.1 Severabilit¥ of Invalid Provisions. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. Section 10.2 Notices. Any notice or other communication under or in connection with this Agreement shall be in writing, and shall be effective when delivered in person or sent by first class United States mail to the following persons and addresses or to such other - 25 - persons and addresses as any of such persons may from time to time specify in writing. If to the Authority: Chairman Albemarle~Charlottesville Regional Jail Authority 1600 Avon Street Extended Charlottesville, VA 22901 If to Albemarle County: County Executive Albemarle County Office Building 401 Mclntire Road Charlottesville, VA 229024596 If to City of Charlottesville: City Manager P.O. Box 911 Charlottesville, VA 22902 Section 10.3 Execution of Agreement. A sufficient number of copies for each party approving this Agreement, each of which shall be deemed to be an original having identical legal effect, shall be executed by the parties, this being copy number Section 10.4 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia. Section 10.5 Amendments. This Agreement may be changed or amended only with the consent of the Authority and each Member Jurisdiction. No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Member Jurisdictions under the terms of this Agreement. and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which any Notes, Bonds or other - 26 - temporary or permanent financing for the Jail is issued or obtained by the Authority. Section 10.6 Effective Date of Agreement. As to the creation of the Authority, this Agreement will be effective from the date of its approval by each of the Member Jurisdictions. As to all other matters, it shall be effective upon subsequent approval by the Board of the Authority. The financial provisions of this Agreement shall be implemented on a schedule agreed upon by the chief financial officers of the Member Jurisdictions, but in no event later than July 1, 1996. Section 10.7 Waiver. Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any Member Jurisdicrion's obligation to make payments when due of all moneys required to be paid by the Member Jurisdictions under the terms of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized Officers on the dates indicated. COUNTY OF ALBEMARLE Approval Date: County Executive CITY OF CHARLOTTESVILLE By: Approval Date: City Manager - 27 - ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY By: Ch~rman Approval Date: - 28 - COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ~OARD OF SUpE ~ AGENDA FY 1996-97 Preliminary Revenue Projections and Budget Guidance SUBJECT/PROPOSALrRE OUE ST: Preliminary FY 1996-97 revenue projections and proposed dislribution of new revenues to General gevemment and the School Division. STAFF CONTACT(S): Messrs. Tucker, White AGENDA DATE: November 1, 1995 H'EM NUMBER: ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: DISCUSSION: Attached for your review in developing budget guidance for FY 1996-97 isthe preliminasy estimate of General Fund revenue~ Overall revenues are projected to ineresse by $5.7 million (7.2%) over the F Y 1995-96 Adopted Budget. Of this total, real properW taxes are projected to increase by $2 mi~on or a 6% increase, p~sunal property ts,xes by $2.3 million or 15.3%, other local revenues by $0.62 million or 2.8%, and state and ~ rcvcnu~ decrease by - 1.7%. On a preliminary basis, the FY 1996-97 projected revenues look positive, as do the revised projeatiens£orFY 1995-96, wld, chshowanincreeseo£approydunately$700,OOOoveradoptedrevenues. The prellminaryrevenueprojecfions are shown on page 1 ofthe attachment. Page 2 of the attachment shows by major category the $5.74 mi/lion dollar increase in revenues followed by the proposed committed new e~nditures for FY 1996-97. Debt service again mains level, while an additional $200,000 is added to the Capital Projects/Debt Service Reserve Fund to prepare for the $1.2 million dollar increase in debt service anticipated in FY 1998-99 for the new high school. Revenue sharing will increase by $t 20,882 with a projected FY 1996-97 revenue sharing payment of $5.17 million. Although the planned general fund transfer to the Capital Improvement Fund in an off assessment year was to remam level al $2.3 million, staff is recommending that an additional $500,000 be added in FY 1996-97 in order to increase the County's efforts to fund repair arat maintenance cosls, parfisularlyin the school division, with current revenues, rather than borrowed funds. Two additional categories are recommended to addm the committed funds: $500,000 for anticipated expenditures for the jail, either in the form of a proposed reserve fund or in anticipation of a substantial increase in the per diem charges in FY 1997-98; and $500,000 in anticipation of major changes in the prefimding of VRS payments. The remaknder ofthe committed funds of $756,000 are added to the Board's Reserve Fund to be allocated at the Board% discrefien during budget work sessions. Based on net remaining revenues of $33 million and the current 60% - 40% distribution policy between the school division and general government, approximately $1.97 million is allocated to the school division and $1.3 million to general gevemment. This proposed distribution of revenues supports the CoUnty's approved financial policies by increasing the capital Irunsfer and building capital and debt service reserves for anticipated one-time needs for tl~ new high school It also funds anticipated expenses for the proposed jail expansion and changes in the VRS payment requirements and supports staffs goal of limiting increases in operational budgets to the combined rate of growth and inflation, which for 1996 is estimated to be 5%, i.e. 1.5% growth and 3.5% CPL As you can see at the bosom of page 2, operating budgets for both the school d/vision and general government will stay within the 5% gaidelme. RECOMMENDATION: Staff recommends that the Board approve the proposed FY 1996-97 revenue allocation that addresses both the short term operational needs and the lung-term capital requirements for the County. 95.181 Preli.minary Revenue Projections property Taxes Real Estate Current Public Service Current Personal Property Current Mobile Home Current Machinery/Tools Current Miscellaneous Subtotal Property Taxes Other Local Revenues ITotal Local Revenues State and Federal Revenues ISubtotal Split Billing ITotal General Fund Revenues Appropriated 10118195 Preliminary Budget Projection Budget $ FY 95196 FY 95~96 FY 96~97 Chanoe 33,612,248 33,567,700 35,640,000 2,027.752 1,421,400 1,613,600 1.564.200 142,800 15,000,000 15,821,400 17.300,000 2.300.000 65.100 67,100 66.300 1,200 88¢.900 957.500 940.400 59.500 1.417.000 1.377.000 2~104.300 687.300 52,396,648 53,404,300 57,615,200 5,2t8,552 21.999.540 21.879.494 22.617.777 6t8.237 74.396 188 75,283.794 80.232.977 5,836,789 5,708,885 5.534.920 5.611,340 -97.545 80,105,073 80.818,714 85,844,317 5,739,244 15.000.000 15.865,000 ~ 95,105 073 96,683,714 85,844.317~ % Change 6.0% 10.0% 15.3% 1.8% 6.8% 48.5% 10.0% 2.8% 7.8%I -1,7% 7.2%~ 10~26~95 1 c:\fy97b ud\excel\prerev97.xls Albemarle ( ount¥ Sheriff'& Office I _ ..Ma-. Robert Tuvkor, Counw Ex~utive Albemarle Cmmty f~ee Buildiag 401 M~lnfire Road ,Charlottesville, VA 22902 Dear Bob: W~ hav~ a s~,'~ou~ lawblwn ~hat has developed. We had a very unfortunate ~ccid~nt te.g,arding ' our transport van, It was being operated by Depu~, leffTumer this past Monday~ aad after exiting ~e vehicle to apprehend a prisoners the van roiled down a hil! and aWa~k a larg~ tr~, ~aling flw yam The vehicle waz put in park but di~ not hold. We need the vefl~ele r~placed and there is currently no money i.n the b~dget to replac~e same. waa planning on requesting th~ a~eseary ~unds to replace this vehicle m Decmmber. Thevehiele v~as 9 9 model wi& high .m~!eage and the county ~nsaratlc~' vail pa)' no money to replace tt because it was covered only for liability insurance. The cost of the new r~plaaement van would be $16~650 purchase price' on state corrtrae&, plus $4,000 for a cage, lighls, and other equipment to prepare the van to be used for prisoner transports. The wre~ked vehicle could be sold for salvage to defray some of the expenr,~. I would be happy to appear before the Board to answer any questions about this question. Sin¢~tcly yours, Terry W, I-Iawkias Sheriff TWl-t/mp~ TO/IO'd OT:~T 96, 9g ;aD ~90~-gZS-~OS.X 3 dJJ83HS'O3'SEq~ NOVEMBEr I, I ~5 EXECUTIVE SESSION MOTION I mOVE THAT THE BOARD go INTO EXECUTIVE SESSION PURSUANT TO SECTION 2. I -344(A) Of THE CODE OF VIRGINIA UNDer SUBSECTION ( I ) tO DISCUSS aPPOINtmENtS TO bOArDS AND COMMISSIONS AND UNDER SUBSECTION (7) TO CONSULT WITH legal COUNSel aND Staff regarding SPECIFIC legal mATtERS CONCERNING REVERSION. TEL N0.?05-955-4002 Oc~ 27,95 14:08 N~,O0:3 P.02 FROM: Clarke County Board of SUlm'Visors Re,wlutton to ReCipe Falr-Shm'~ State Aid for PubliC Scions DATE; October ~s 1995 Th~ Cl~kc Count~ Bosh! of Supervisors ur~-ntly pleas rg all v~$i~ ~u~ ~ jo~ a ~ ~M for e~i~le s~id in sU~ 0f ~r public sc~ls. We have ~ma~ ~ t~ci in lo ~1~ k~fi~, wh~ we ca~y ho~ you ~ ~er will be p~p~ to c~c at ~ ~com~ VACo m~fln$ a the Ho~. Thc fasts ar~ v~y clear. Counties are picking up a greater and greater share of school e, os~s becau~ the state is dxopplng its share. DepnFtmem of FAueation relmrt~ ghow that, between 1986 and 1994, the stat~ shar~ went from 43 l~rc0nt to 38 p~r~at of total school costs. That is t~ average! Ia Clarke County, 'the state share went from 46 pefco'ut to 33 percent! Other ¢~mtie~ have th~ same horror stories; some are worse. State legislators proudly point to absolute dollar increases from the state for schools and, at thc samo tl,v~, brag about having tl~ LOWEST stat~ sales tax rate in th~ nation and income tax rates un,hanged sil~ tl~ 1970s, but nearer acknowledge thc cost shift to counties. The net result: County tax rates are going up botlt to pay for inoreaa~ in ~hoo! co,ts AND to make up ibr decreases ia ~tatc aid. Every one of the several real-esta~ tax increases iu Clarke County ill the I980~ and l~YOs has been attributable to public schoo{ ousts. We don't have tO tell you wlutt increased property tax rates ~1o, eapeciMt), to lower incom~ pcaaple, It is time, wc drink, [o aggressively insist on a fair shar~Ilg of I1~ cost t)y our state PARTNER in education. You know that r~sults will only come if them is a strong, united voice from county l{:t[islatorS both at VACo ~ml later Lu di~ussiuus with our ~zzmtors and Delegates, Every county ncc:ds this relief. We apla~l to you to make this mattt:r a priori~. If wc don't, wa knOW of nO one els¢ who will F.O/TO'd ;T:$~ ~6,-2.7. ,~sO £S00-882_-i708:xs3 ;al~-uno3 )o oossu ~a;l CLarKE C~UNT¥ TEL No.?o~-gs5-4002 27,95 14:08 RESOLUTION TIME TO RESTORE FAIR-SHA]~ STATIC AID POR FUBLIC SCHOOLS WIrI~REA.~, by 1994 th~ state share fell to only 38 per.mt of lc, al ~chool cor, t~ in the Commonw©al,th, mad WIiERE~. Virginia ~ounti~s aml cities l~ve b~ to re~eatealy r~d;e Ioeil ,~xe~ in respon.~e to this shi~ i~ c~t~, and WI:I~REA8, localities face taxpayer revolts becau;/~ of s~y.roeg~ing property taxes wkile th~ stale bcx~st~ nb, out the I~'e~t slate sal~s tax tn fl~c United States. a~I WHEREA.q. the sa~ pays no W..t~ool-¢o~str~¢tioa costs, le~ ~ its full s~te of thc-. standads of quality, and nothing to support th~ ~te lm~st ia u~-vahe tax.on: NOW, TI~EIrORE. thc counties of Vi~inia unanimously and ovcrwl~imlugly ~upport an increase in state aid for public w. chooh, and further, Thc counties o1' Virginia eomlder thc state's ideal fair sh~re oflmblic-schoal costs to b~ aa amount equal to the lotal public-scl~aot eXl~n0.iture$ of all local go¥¢rcaaeat$ ¢ombineo¢, and further, The counties of Virginia urge that lmorjty bc given to considering t~ state s~lea an{~ usc tax as me m~ns for resto~fng ih~ ~tat¢'$ fl~' share Of publlc-$cr<~o] costs f~glnn,-ing in d~ ncm fiscal year. ~0/o0 c GI:61 fi6, ZE ~30 £SO¢-~SZ-tTG~,:×'e- sal ~uno3 .zo 3ossu U¢~