HomeMy WebLinkAbout2000-10-18 ACTIONS
Board of Supervisors Meeting of October 18, 2000
October 23, 2000
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to order.
4. Others Matters Not Listed on the Agenda from .the Public.
None.
· John Martin said the recent Ivy Landfill Agreement imposed a
gag order on the plaintiffs, prohibiting them from voicing
opposition to a permit application soon to be submitted to the
Department of Environmental Quality (DEQ), that would permit
continued operation of the landfill. He said this placed
restrictions on individuals' freedom of speech.
· Katie Hobbs, representing the League of Women Voters,
addressed Art Petrini's, Executive Director of the Rivanna Solid
Waste Authority (RSWA), status report on the Ivy Landfill. The
report indicated that the RSWA will apply for a permit to open a
new cell for construction demolition and debris. She said there
should be a public hearing to allow citizens to comment on
whether a new cell should be opened.
· Michael Weber stated that he was a plaintiff that did not sign a
gag order pertaining to the Ivy Landfill. He would not sign the
agreement because it would have essentially prohibited him
from making an:y comments regarding the landfill. He said it is
in the public interest to have open discussion on the subject.
5.1 Authorize County Executive to execute Agreement for the
Purchase of Electricity from Appalachian Power Company
(dba American Electric Power-Virginia). AUTHORIZED
County Executive to sign agreement.
5.2 Authorize Chairman to execute "Mutual Aid Agreement"
between Albemarle County and Orange County.
AUTHORIZED Chairman to sign agreement (attachment A).
5.3 Set PH for November 8, 2000 to consider ordinance and
agreement necessary to include County in pool of localities
participating in pilot program for the aggregation and
procurement of electrical energy through VML and VACo.
SET PUBLIC HEARING.
5.4 Proclamation recognizing November 11/12 through 11/18/00 as
American Education Week. ADOPTED (attachment B).
5.5 Sheriffs Request for Additional Part-time Funds (deferred from
October 4, 2000). APPROVED.
6. SP-2000o39. Monticello Fire/Rescue Station (Sign #94).
APPROVED w/7 conditions (attachment C).
7. ZTA-99-007. Keswick. ADOPTED ordinance (attachment D).
8. CPA-2000-04. Historic Preservation. HELD Public hearing.
DEFERRED until 11/1/00 Board meeting.
9. PH to receive public comment on recommended amendments to
the FY 2000-01 operating budget. HELD Public hearing.
Meeting was called to order at 7:00 p.m., by the
Chairman. All BOS members present
(Mr. Bowerman arrived at 7:12 p.m.) Clerk:
Laurie Bentley.
Clerk: Acknowledge speakers' comments.
County Executive: Sign agreement.
Clerk: Forward signed agreement to vendor for
signature.
County Attorney: Sign agreement (Chairman
already signed) and provide Clerk a copy.
Clerk: Advertise public hearing. Place on 11/8/00
agenda.
Clerk:
None.
None.
Clerk: None.
County Attorney:
County Code.
None.
Forward to School Board.
Include in next update of the
None.
DEFERRED until 11/1/00 Board meeting.
11. Other Matters not Listed on the Agenda from the Board.
· Ms. Thomas s~id she recently attended a ribbon-cutting
ceremony celebrating the opening of a pedestrian bridge
connecting the County with the City (location not provided).
12. Adjourn at 11:05 p.m.
None.
David P. Bowerman
Rio
Liadsay G. Dorrier, Jr.
Charlotte Y. Humphri$
Jac~ Jouel~
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mdntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Rivar~a
Walte~ E Peri, ns
White Hall
Sally H. Thomas
Samuel Mil~e~
October 23, 2000
Mr. Larry E. Jackson
Man a ger Distribution System
American Electric Power
P.O. Box 1000
Lynchburg, VA 24505-1000
Dear Mr. Jackson:
At its October 18, 2000, the Board of Supervisors authorized Mr. Tucker to sign the
attached agreement for the purchase of electricity from Appalachian Power Company. I have
.enclosed two copies of the agreement. Please obtain your company's signature on one copy and
return it to me.
Thank you.
Sincerely,
,%-\ ~._Z..OL~'_g.'i [. ~. ;: ~.~.~'~--',....~:: cc.~
Laurel A. Bentley, CMC /
Senior Deputy Clerk
Attachments
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Agreement for the Purchase of Electricity from
Appalachian Power Corn pany (dba American Electric
Power-Virginia)
SU BJ ECT/PROPOSAL/REQUEST:
Request the Board of Supervisors authorize the
County Executive to execute the Agreement, dated
September 5, 2000, from Appalachian Power
Company (dba American Electric Power-Virginia) for
electricity.
STAFF CONTACT(S):
Messrs. Tucker, Breeden; Ms. White
AGENDA DATE:
October 18, 2000
ACTION:
CONSENT AGENDA:
ACTION: ×
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
On behalf of all virginia localities, the Virginia Municipal League and the Virginia Association of Counties negotiate
rates and services provided to localities by the various power companies. These negotiations have been
completed for Appalachian Power Corn pany (dba American Electric Power-Virginia) and have resulted in a slight
decrease in the rates localities were paying. Attached is an explanatory letter submitted by Appalachian Power
Company (dba American Electric Power-Virginia).
The new agreement, for the period of July 1, 2000 through June 30, 2002, has been received from Appalachian
Power Company (dba American Electric Power-Virginia). A full copy of the agreement is available in the Board
office should you wish to review it.
RECOMMENDATION:
Staff recommends the Board of Supervisors authorize the County Executive, on behalf of Albemarle County, to
sign the Agreement for the Purchase of Electricity from Appalachian Power Company. (dba American Electric
Power-Virginia).
00.218
FACSIMILE TRANSMITTAL SHEET
TO:
NAME: ~
PHONE NUMBER:
FAX NUMBER:
DEPARTMENT:
LOCATION:
EXTENSION:
SUBJECT/COMMENTS:
, ---j/ ...... ~ /': ..............
FROM:
TIME:
DEPARTMENT:
FAX NUMBER:
EXTENSION:
LOCATION:
._(~BIGtNAL{$),W.I, LL:
[] NOT FOLLOW
[] FOLLOW BY MAIL
REPLY REQUESTED:
[] BY TELEPHONE
[] BY MAIL
[] BYFAX
[] NO REPLY NEEDED
TOTAL NUMBER OF .PAGES INCLUDING COVER PAGE ...... G,~ /
AP 197~,~. ~
RPR-O~-2002 10:44 K~¥ RCCOUHT~ 540 9~5 232? P.02
VIROINIA PUBLIC AUTHORITIES
AGREEMENT FOR THE PURCHASE OF ELECTRICITY FROM
APPALACHIAN POWER COMPANY (dba American Elec'<a*ic Power)
THIS AGREEMENT entered into this 5th day of Sep..tember ,2000, by and
be~'een APPALACHIAN POWER COMPANY (dba American Electric Power), hereina_O~
called the "Company," and ALBEMARLE COUNTY BOARD OF SUPERVISORS
~ hereinafter called the "Customer."
WITNESSETH:
For and m consideration of thc mutual covenants and agreements hereinafter contained, the
parties hereto agree with each other as follows:
FIRST:
Provision of Electric Service
The Company agrees to furnish to the Customer, and the Customer agrees to take
from the Company, subject to the terms and conditions of this Agreement, all the
electric energy of the character specified herein that shall be purchased by the
Customer on the premises at installations shown on "ExaMbit A" attached hereto
and made a part of this Agreement.
SECOND:
Tenn
The term of this Agreement shall be for a period of twenty-four (24) months
beginning July 1~ 2000 and ending June 30, 2002. The Company and the
Customer agree that the terms.of their prior agreement shall apply through June
30, 2000,
Volta~,e_~d Electrical Characteristics
The electric energy delivered hereunder shall be alternathug current and it shall be
delivered at the voltage and other electrical characteristics as set forth on "Exhibit
A," which shall constitute the points of delivery under this Agreement. The said
electric energy shall be delivered at reasonably close maintenance to constant
potential and frequency, and it shall be measured by a meter or meters owned and
installed by the Company and located as se~ forth on "Exhibit A."
FOURTH: Metering and Service Pointa
Normally, the Company will provide one service f~om it~ distribution system and
all of the electricity supplied to an installation will be measured by one meter, but
1
APR-09-2002 10~44 KEY RCCOUNTS 540 985 2~27 P.03
FIFTH:.
the Company may, at its option, provide as many services and meters as it may
deem practicable,
When such multiple services and meters are se used, separate bills will be
rendered for each metered installation. The electxicity will be del/vered to such
point as may be designaxed by the Company on the premises occupied by the
· Customer and shall be used only by the Customer and upon the premises occupied
by the Customer.
For the purpose of this Agreement, an "installation" means a delivery point,
building, part of a building, or group of buildings located in such close proximity
To each other as to constitute one operating unit occupied by the Customer. Those
installations to be served by th, Company as of the effective date ofttds
Agreement are set forth on attach~ "Exhibit A."
The Company will supply the elec~city required by the Customer during the tem~
of this Agm,ment at such additional installations beyond those being served by
the Company as of the effective date of this Agreement as may, from time tO time,
be requested in writing by an authorized representative of the Customer. All
services furnished to such additional installations shall be governed by the terms
of this Agreement as if such additional installations were being served as of the
effective date of this Agreement. Service will be supplied at a single voltage
considered by the Company to be standard for the area in which electricity is
requested and will be available for general service m murficipal corporations and
state governmental entities and their agencies, excluding Public Housing
Authorities and the Commonwealth of Virginia, as those terms are used in §§56-
232 and 234 of the Code of Virginia and in pertinent decisions of the Supreme
Court of Virginia.
Extensi..on of Service - Overhead
The Company will make extensions or expansions of its overhead facilities in
accordance with the following provisions:
The Company will supply and meter service at one delivery point through
overhead facilities of a k/nd and type of transmission or distribution line or
substation equipment normally used by the Company. Whenever the Customer
requests the Company to supply electricity in a manner which requires equipment
or facilities other than those which the Company would normally provide, the
Customer will pay the Company a Contribution in Aid of Construction equal to
the additional cost of all such special equipmem or facilities. This contribution
witl be in addition to any Contribution in Aid of Construction or other obligation
of the Customer required under the remaining provisions of this section.
R~R-O~-2002 10:~5 K~¥ RCCOU~T$ 5~0 9~5 2327 R.04
The Company will, for single phase service for new loads up to ~ud including 25
KW ~fimated demand, extend service not more than 150 feet from existing
secondary facilities of 300 vol~s or less having adequate capaci~, at no charge to
the Customer. Bxien$ior~ of facilities for s~rvice which do not meet cach of the
above criteria will be provided pursuant to the remaining provisions of this
section.
For senriee deI/vered to estimated new loads above 25 KW or for extensions for
loads 25 KW or less not meeting all of thc criteria covered in the previous
paragraph, the Company may require a Contr/bution in Aid of Construction prior
to the extension or expansion of its facilities based upon an analysis of the
economic justification of making such extensions or expansions. Economic
justification will be based upon a comparison of the annual cost to the Company
and the increase in .annual base rate non-fuel revenue. Annual cost to the
Company equals the additional investment i'n local facilities to serve the new load
times the Company's annual carrying charge rate of 27.25%; and the increase in
annual base rate revenue equals the annual revenue from the estimated increase in
the Customer's power consumption, exclusive of the fuel component of rates, if
the est/mated increase in annual base rate revenue is less than the annual cost to
the Company of the extended or expanded facilities, the Customer will be
required to pay the Company a Contribution in Aid of Construction equal to the
annual cost to the Company less the increase in annual base rote revenue from the
extension, divided by the Company's annual carrying charge rate. If the increase
in annual base rate revenue is equal to or greater than ~e annual cost to the
Company, the extension or expansion of facilities will be provided at no charge to
the Customer.
If the Company has reason to question the financial stability of the Customer
requesting an extortion or expamion of servi~ or the duration oft, he Customer's
electric service requirements, or if the Customer's service requirements are
seasonal or temporary, or if the Customer requires special facilities to meet the
Customer's service requirements, the Company may, at its option, in addition to
imposing a Contribution in Aid of Construction as determined under the
provisions of this section, (a) require the Customer to execute the Advance and
Refund Line Extension Agreement and/or (b) require a special minimmn charge
or definite and written guarantee from the Customer in addition to any minimum
payment required by this Agreement.
If, at any time, the financial condition of the Company is such that it cannot issue
debt securities necessary to pay for the construction of new facilities, the
Company may require from the Customer a Conlribution in Aid of Construction
and/or execution by the Customer of the Advance and Kefund Line Extension
A~ecment to cover the total cost of tapping existing transmission or distribution
lines and increasing existing station capacity and new facilities required to serve
RRR-09-2002 10:46 K~¥ RCCOUMTS 540 985 2327 R.05
EIOHTE:
n~w or increased loads. The Co~y shaB advis~ tho State Corporation
Co~m~ssionwhcn this condit/on exist~
Extension___of Ser~,ce - Unt~ound
. ~.E'~ms. ion of Se~_'ce. _-_ T~nwrar~_
The Company will supply clcctricRy for conslruclion ptuposes, within areas
nermatly served by the Company, ~o loads of a ~empm~ namm upon paymenI by
thc Cusiomer of a temporary service chsr~c equal to ~e ~onrecovcrable
esfimaIod ~ost of tempora~ facilities requ/rixi to serve fllo Cusioln~ plus the cost
of removing the fa~flili~s.
Rates
The rat~ at which the Compauy shall fimgsh th~ ¢l~cuicity h~
p~ sh~ll ~ ~ fo~ ~ "~bit B" ~d '~lic ~~ T~
No. 8, Sch~e P~.," a~h~ he~ ~d ~o a ~ h~f. ~ ~
C~r ~ ~ ~ ~ ~ ~ "~on~ ~" ~on of ~e
T~, it sb~)l ~lish a ~n~ ~i~ for ~h ~o~ ~ ~
~i~ ~d ~ ~c n~ ~,m d~ ~~ by ~
C~mer f~ ~ a~t. From ~ 1.20~ ~ l~e ~. 2~2. ~
c~ my o~y ~ on~ c~ ~ or ~m ~ "O~o~
Outdoor lightin8 servic~ will be fumisho/in accol'da~e with thc mouthly
ra~e, hours of ling and ownership of facilities provisions of Schedule
O.L. as oo~__ined in the then current tariff on file with th~ Siaie
Corporation Coramis~on ofV/r~_'nia, u~il such i/me as an unbtmdled tariff
for outdoor lit~lting service Iakes effect. Thcrcafler, and until ~hc
t0rlllillalion ofthls A~0~raleilt, the last bulldl~ ~ s~alI apply. A copy of
th~ present Schedul~ O.L. is attached as ~Exhibit C,'
RPR-O~-2002 ~0:4B KEY RCCOUHTS 540 ~B5 232? P.OB
(3)
(4)
(s)
Bills am cite upon ~on and payable by mail, choclderm payment
plan~ electronic payment plan or at attthofized coltmlian a~es otthc
Company by the nexi bill date. On all accounts not so paid, a clmrte of 1
1/2 % p~r month will be applicd lo any accom~ balances not received by
thc Com~-y by thc next bill date. If thc Company fails to mail bills
promptly after tim billin~ da~e, the due date will bc extended accordin~y.
The Customer may desilpmte i~s billing address.
Thc Cusiomer shall properly inslall and maiulain ils ~ and deetrical
cquipme~ and it shall at all times be respo~blc for the clmmo~ and
co_~altion the~. The Company makes no inspection lhereof and in no
~ shsll be respons~te ~hcrefor.
~c.e.. Connccii~S
The Company will, when requesIed to furnish service, deii~
location of thc service connection. The C~'U~$ wiling mus~ for an
overhead sec~ service, be brousht outsi~ th~ building wall neares~
the Compally's scrvic~ ~ so as lo b~ readily acc~ssl'ble ~to. In
cas~, lh~ Customers wiring must extend at least 1 S inches bcyond fhe
buildin~ In all other case~ thc Company ~d_ the Gustom~r will muttmliy
designate a point of delivery best mired to the Customer's and thc
Campan~s facilities.
If the Customer desires that ener~ be delivered at a point or in a manner
othor ~h.s- that desi/nat~ by the Company, the Customer ~b.sll pay tho
additional cost of same.
R~on,,.ot Com_mn_v's_Facilitics at C~s _Reou~
Whenever aI the Customeffs .request, thc Comtmny's facilities 1~ on
th~ Custqmc~'s premises are rclocaIed ~o suit ~ convcnicncz ofthe
Cus~mcr, the Customer shall rcimburso tho Company for the ent/rc cost
incum-d in makins such
Corn. _~uV_ 's Liability_
The Company will use reasonable dilit~-mce in furnishing a regular and
u-i-termt~ supply ofener/y, but does not gmraniee vainmmpted
RPR-09-2002 ~0:4~ KEY ~CCOUHT~ 540
(6)
service. The Company shall not be liable for dama/es for injut~ to person
or property in case such supply should be interrupted or fail by reason of
an act of God, thc public enemy, accidents, labor disputes, orders or acts of
civil or military authority, breakdowns or injury to the machine,
transmission lines, distribution lines, or other facilities of the Company,
extraordinary repairs, or/my other occurrence beyond the Company's
control, or any act of the Company to intenmpt service to any customer
whenever in the judgment of the Company such interruption is necessary
to prevent or limit any/nstability or disturbance on the electric system of
the Company or any electric system interconnected with the Company.
Unless otherwise provided in a contract between the Company and the
Customer, the point at which service is delivered by the Company to the
Customer, to be known as "delivery point," shall be thc point at which the
Customer's facilities are connected to the Company's facilities. The
Company shsll not be liable for any loss, injury, or damage resulting from
the Customer's use of its equipment or its use of the energy furnished by
the Company beyond the delivery point.
The Customer shall provide and maintain suitable protective devices on its
equipment to prevent any loss, injury or damage that might result from
single phasing conditions or any other fluctuation or irregularity in the
supply of energT, The Company shall not be liable for any loss, injury or
damage resulting from a single phase condition or any other fluctuation or
irregularity in the supply of enerl~ which could have been prevented by
the use of such protective devices.
The Company will provide and maintain the necessary line or service
connections, transformers, meters and other apparatus which may be
required for the proper measurement of and protection of its service. Ail
such apparatus shall be and remain the property of the Company.
Customer's Liabili~
In the event of Ioss or injury to the property oft. he Company through
misuse by, or the negligence of, the Customer, or the employees of the
same, the cost of the necessary repairs or replacement thereof shalt be pai. d
to the Company by the Customer.
The Customer ,,,,'ill be responsible for any damages resulting from
tampering with, interfering with, or breaking of seals of meters, or other
equipment of the Company installed on the Customer's premises. The
Customer hereby agrees that no one except the employees of the Company
shall be allowed to make any internal or external adjustments of any meter
RPR-09-2002 10:47 KEY RCCOUHT$ 540 ~85 232? P.OB
(7)
or any other piece of apparatus which shall be the property of the
Company.
The Company shall have the fight at all mason,able hours to enter thc
premises of'the Customer for the purpose of installing, reading, removing,
testing, replacing or othcr~se disposing ofit~ apparatus and property, and
the right of entire removal of the Company's pmpert7 in the evem of the
termination of this Agreement for any cause.
Location and Maintenance of Company's Ecui~,ment
The Company shall have the fight to construct its poles, lines and circuits
on the Customer's property and to place its transformers ~md other
apparatus on the property or within the buildings of the Customer, at a
point or points convenient for such purpose, as required to serve such
Customer, and the Customer shall provide suitable space for the
installation of necessary measuring instruments so that the latter may be
protected from injury by the elements or through the inadvertent acts of the
Custom'er or of any employee of the same.
USe of Energy b.y.Customer
The service connections, transformers, meters and appliances supplied by
the Company for the Customer have a definite capacity and no addit/ons to
the equipment, or load connected thereto, will be allowed except by
consent of the Company.
The Customer shal! install only motors, apparatus or appliances which are
suitable for operation with the character of the service supplied by the
Company, which shall not be detrimental to same, and the electric power
must not be used in such a manner as to cause unprovided for voltage
fluctuations or disturbances in the Company's transmission or distribution
system. The Company shall be the soiejudge as to the suitability of
apparatus or appliances, and also as to whether the operation of such
apparatus or appliances is or will be detrimental to its general service.
No attachment of My kind whatsoever may be made to the Company's
lines, poles, cross arras, structures or other facilities without the express
written consent of the Company.
All apparatus used by the Customer shall be of such type as to secure the
highest practicable commercial efficiency, power factor and the proper
balancing of phases. Motors which are frequently started or motors
arranged for automatic control must be of a type to give maximum starting
~M~-09-2002 10:~? MET ~CCO~MT~ ~0 9~$ 2~2~ M.09
torqu~ with mimmum cutrem flow, and must be of a ty~ and equipped
with controlling devices approved by th~ Compmy. Tbe Cmtomer ~
to give reasonable notification to tho Comlmny of proposed increases or
Except with the coment of the Company, the Gompauy will riot supply
mrvice to ~ Customer ffthe Cumomer has ot~ sourcos of elecaric
The C~tomer shall not h~ permitt~ to ~ it~ own genmmt/ng
equ4..muent in pemllel with the Comp~y's service exce~ with the written
immission of tim Company.
Resale of ~u~r~ will not be permitt~
Tn~onnmion t.o ~ p~ded
The Oostomer hereby authoriz~m thc Comtmny to provide ~ a single designate~i
~tive of the PA customer group, as designated by the Bx~-a~e
Directors ortho Virginia Municipal League and Virginia Aasociarion of Counties,
the follow/rig/nformafion in a form. ~t mutually ~d to by the pan/es:
class-'levd load reseamh information which the Comlmuy cazently
develops for the Public Autlmfity class based on appro~jm~ly 155
~tstiv~ metering point~, asstmaing the Comp~my has received
b)
monthly usage (kWh) for the Customer's accoun~ for Re most recent 12
monih period imluding a) on/off peak usage for each account where
availabl~ and b) interval usage for e~e.h account wh~8 available;
c)
actual kW demand a_iii for the Customer's accounts for the most recem
12 momh period where available.
Thc above informaiion shall be provided m the single dosit~ated represe~ off
the PA customer ~oup, a~d sh.s. ll be provided electronically, at no extmuse to thc
Customer, witlfiu ~ days after receiving the request, but no more frequently
once in a single calemdar year urail Sune 30, 2002. The Compauy shall comply
with any reasonable ~44ition~l requests from the designatext relxo~ve of thc
PA customers for ~ data described above and the Customer a~ams to pay for
such data.
APR-09-2002 10:48 KEY ACCOUNTS 540 985 232? P.10
ELEVENTh: Distribution
The Company agrees to provide to the designated representative of the PA
customer group by May 1, 2001 a proposed distribution revenue requirement and
distribution rate(s) based on the cost of providing distribution service to the PA
customers. The Company agrees to comply with all reasonable requests for
information in connection with the proposed distribution rates including the
underlying distribution cost of service study and supporting work papers. The
Company shall respond to any such request~ from the PA customer group for
information within 30 days from receipt of such requests. The parties further
agree to enter into good faith negotiations to establish by January 1, 2002 a cost-
of-service based distribution rate, to be effective after June 30, 2002, for service to
PA customers and for the distribution component of street lighting rates.
TWELFTH: Transmission
The Company agrees to provide to the designated, representative of the PA
customer group a copy of AEP's currently applicable FERC Open Access
Transmission Tariff (OATT), and to provide copies of any new or modified
replacement OATT which would apply to transmission service for the PA
customers, or their supplier.
THIRTEENTH:
Generation
After June 30, 2002, the parties' rights and responsibilities regarding generation
service shall be as provided by applicable law and regulation, except to the extent
other~se agreed by the parties.
FOURTEENTH:
(1)
(2)
(3)
Additional Terms snd Conditions
In no event shall any officer or agent of the Customer executing or
authorizing the execution of this Agreement be held personally liable on
account of such authorization or execution.
This Agreement shall be bMding upon the Company only when accepted
by it and approved by its proper official, and shall not be modified by any
promise, agreement, or representation of any agent or employee of the
Company unless incorporated in writ/rig in this Agreement before such
acceptance,
The obligations of the Company and the Customer for service under this
Agreement are subject to appropriations by Customers governing body to
pay t3or such service.
(4)
(6)
(7)
The followh~ sheets, as amended or revised from time to time, are
attached hereto and made a part hereof.
Exhibit A - Present Listing of Accounts
Exhibit B - Schedule P.A.
Exhibit C - Present Schedule O.L.
In the third qum~er of 2000 ~d 2001, thc Company will perform ma
analysis based on the twelve months ended in/rune of that year of the
effects of the optional demand ctmrg¢ rates for each of thc Customer=s
accounts. The results ot this analysis will be provided to the Customer
when the analysis shows the annual bill at the ~Itemativc rate would have
been lower than the actual bill during the historical period. The Customer
understands that the results of this analysis will not entitle the Customer to
any' refund, nor is it a guarantee of any future savings should the Customer
change ra~es. Any change in rates selected must be initiated by the
Customer.
There a~e no unwritten understandings or agreements relating to the
service herein above provided.
This Agreement cancels and supersedes ail previous agreements relating to
the pureh~e by the Customer and sale by the Company of electric energy
at the Customer's premises as referred to above.
CUSTOMER: ALBEMARLE COUNTY APPALACHIAN POWER COMPANY
///BOARD OF Su.p. ER,VISORS x (.dba American Electric Power)
I0
RPR-09-2002 10:49 KEY RCCOUNTS 540 985 2327 P.12
~o~oo~o
~ ~oooooo
RRR-0~-2002 10:49 KEY RCCOLIHT~ 540 ~B5 2327
MONTHLY ltA'lZ
p~ Service ~
p~ gv~ con.~_~ ...................................... d.,~?5~
AH KWh M~ KWH .................................. 2.S61~
L~suM: ~ma~ ~ 2000
l~e~tive: Jm~ 1,2000
Jn~e 30, 2002
5~0 985
232~ P.14
PUBLIC AIFI~OB1TY TARIFF NO. 8
(C.~
OFI'IOI',{AL ItA,T~ (¢~=ti=aad)
Per Account ............................................ $20.00
AH KW ofBilling D~=,,d ................................ $6.18
All [WH Mee~ed K~,,~ ................................. 2.000¢
AiL ~ (812)
OPTIONA.~ iC~ STOIL~GE 1~1~ (Schednle Code 815 and 816)
p~ ~ ............................................ $10,80
?-,-7451~ ~ kwh
~ar tl~ ptupose of tills Schedule, the on-p=~k l~n~ period
~ ~ ~. ~aoff~ ~~~~ 8 p~ ~ 7 ~. f~ ~ ~.~ ~ ~ ~
Isled: J~u~e 30, 2000
]g3~f~tive: July 1,2000
Jue ~t, :~062
~PR-Og-~00~ 10:50 KEY ~CCOUNTS
PUBIC A,b"I~ORXTY TARI~ NO. 8
SCm~ULE P.A.
OFrlONAL ICE STORAGE R~k~E (~:ml~lm,ed)
OFIIONAL UNMETE~D SERVIC~ F~OVL.~ON (S~ Co/e SOO)
DETERM]~A~ON OF ~H.~.rNG DEMAND
F~r',hose AOcOU~S li~aI arle desi/nlmd to have s 1~,,-~..'va D~,,,,,t Char~ ~l~~ ,!__~__~_~ ~VA~ shall be
B,'n~ ~ __~__!t be rounded t~ ~ n~a~st whol~ KV end KYAI~
TWs Sc/)ex~ is sublect ~o a_~..'-~.~ monthly ~mrge pez eecoun/~quei ~o ~ sum af~he
charge, enar~ dmrg~/uel ad]~.._m~_.~t chuae ,,,,a neec~/ve demand dm~ oflhe applimble mommy r~e.
2002
APR-09-2002 i0:50 KEY ACCOUNTS
l,~mt2c &UT~ORFI'Y TABIFF NO. 8
~nULE
Fuel
In th~ above formula (~) is tbe ~ offossn and nuoiear fuel bs ~h~ be.~ (b) ~ ~ (m) ~ ~d (~ h ~
(a) ~ nnd nuck~ fz~ ~ in Appibc:Man Power
share o~f~b'fl, an~ ~ fi~ ~e,mmed in]oin~ owned
(b) T~ cos~ ofcmhsion allowauces ~ conaunufly wM2 dm ~ emissio*~ of~,,~ dioxide frc~
COmlm~'s ~ planU~ ~cludi~ ~ose wb,~ny owns, jomlz own~ m~ ~
ener~), sad !~-:
~ffeetive: Ju,Jy 1,20~0
AI~P~~ I~W~ COMPANY
VA &C.C. T~. _m~rF ND, ~?
MO~Y BAT~
9,~00
~1),000
l-nih Puum~ Sadi,,m Mood
Ls7 ptus t.z3 097
10.06 p~m ~ 098
1006 ~ ~8 ~
17~ 8.~00 Mmu~ rater 6.~ plus ~ ~JS
2.mO' t3,OO0' Mem~/V~ U9 pies ],-.'.'~ Og6
4O0 2S,OO0 ]vimmy Vsl~r 10.13 plus 2.12 O'JS
17S 13,000 ~ Halkk FIoad 9,22 phis .9~
400 36,~0 MeM ~ ~ 9.39 plus 2.12 1~2
lt~0 110,00O M_~_ ~ Maed 25~ plus
B. t:~mt-Top Li~ting Service
~ ~ Z~uf, Jana.__ ~1Jim. ~:u~.
S $
Z'/S 8,.$O0 Mmcu7 v~:~r 7.so pies ,96
So 4,000 X-limb t'rwmure Sodium 16.9S
2.S0 29,,S00 Hi{{h Pnmu~ Sodimn 11.93
133
106
I04
December 1, t999
APR-09-2002 10:51 KEY ACCOUNTS
VA. ~,C.~ TA~JI~ NO. 17
MOIFFHLY RATE
540 985 2327 P, i8
Fi~t~
Sheet No, 16-2
Lfvelimi Tariff
$ S.
1.23 2.12 I0.~
plm
~0 :2S¢00 Hiah ~ Sodhlm Flood 32.42 plus 1.35 I28
400 :S0,000 Hi~ FHssu~ Sixtlun Flood 12.g2 pku 2.2:t 124
ITS 1:~,000 Metal ~ Ftoo~ 25,64 phs .96 I~$
1000 1 I0,000 Mini ~ Flood ~2.42 plus 3.07 132
Compmy um~s ami
$1.o0 p~r b~t ~or ~: length ~matcrpuu~ ~t h
~ms ofl~ fn~
:7.. ht1~ mmt~i~ mmtmn~ ~~at m undm~ymud ~ircuit b~ local~l bmmtit a ~way or olbw pavemmt,
PA~
the bill pmlram~ da~ A char~ of 1½% psr momh will be a~,lisd ~o ~ty acco~ ~ ~ local
Dated November 8, 1999
C4se No, PUR99eTI6
APR-09-2002 10:~I KEY ~CCOUNT~
VA. &C,C~ TAI~IF~ NO. 1~
~ltEDULE O.L.
IIi)UBS OF ~G
ow~mm~ oF FAC3LFflES
ACCOUNTS
P, 20
TOTAL MONTHLY ~qI~QY CONSUMPTION ~q I~LOWATT HOURS I~K SIHGLK LAMP
ALL ~qlGHF ~ (Adjus2d ~br t~oMcefl Opa~ m ToUA 4000 ]S~r OP~mkm Pe~ Y~
19,1~ L ~ L ~ ~4 I~ 1~ I~ 1~ ~J 114 ~1 131 I~ 1~
~0L ~ L ~ ~ ~ ~ ~ ~ ~ ~ 21 ~ ~ ~ ~
~.~L ~ L ~ ~ ~ l~ ~ ~ ~ 74 ~9 ~ ~ 116
~L ~ L 31~ ~ I~ ~ I~ 110 ~ ~ ~ I~ 117 137
~L ~ L ~ ~ 210 176 I~6 1~ ~ 1~ ~ I~ 1~ 1~
~ ~ L ~ L ~ 4~ 1~ 1~ I67 I~ ~ 114 ~1 ~ ~ 1~ I~
qPR-09-2002 10:52 KEY ACCOUMTS 540 985 232?
PUBLIC AUTHORITY T~IFF ~qO. 8
SCmmUI.,~ I~.A.
~ (iS) r~all be moditJed lo mfle~ loss~ of I0.51% asso~iia~ wilit ~ Pawer Compam~s deliwries to
b~mNi: J~me 30, 2QOO
Efr-affive: Jul~
TOTAL P. 21
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Mutual Aid Agreement with Orange County
SUBJECT/PROPOSAL/REQUEST:
BOS approval of Chairman authority to execute the
"Mutual Aid Agreement" between Albemarle County
and Orange County.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Pumphrey
AGENDA DATE:
October 18, 2000
ACTION.:
CONSENT AGENDA:
ACTION: X
A'I-rAC H M E NTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Mutual Aid Ag[eement
Albemarle County has proposed entering into written mutual aid agreements for fire and rescue services with each
of its neighboring counties. These agreements would assure the terms under which such aid is delivered and
would maximize the statutory immunity provided by Virginia Code §§ 27-2, 27-4, and 27-23.6. A standard
agreement has been prepared and forwarded to each county for review and approval. Orange County is the 5th
county to approve the proposed agreement.
DISCUSSION:
A Mutual Aid Agreement prepared by the Albemarle County Attorney between Albemarle County and
Orange County has been approved by the Orange County Board of Supervisors.
RECOMMENDATION:
Staff recommends that the Board authorize the Chairman to execute the Mutual Aid Agreement on behalf
of the County.
00.219
MUTUAL AID AGREEMENT
THIS AGREEMENT made this 18th day of October ,2000, by and
between Albemarle County, a political subdivision of the Commonwealth of Virginia,
hereinafter referred to as "Albemarle", and Orange County, a political subdivision of the
Commonwealth of Virginia, hereinafter referred to as "Orange",
WHEREAS, it is deemed to be mutually beneficial to Albemarle and Orange to enter into
an agreement concerning mutual aid with regard to fire and rescue services; and
WHEREAS, the parties desire that the terms and conditions of this Mutual Aid
Agreement be established pursuant to §§ 27-2, 27-4 and 27-23.6 of the Code of Virginia;
NOW THEREFORE WITNESSETH, that for and in consideration of the mutual benefits
to be derived by Albemarle and Orange from this Agreement, Albemarle and Orange hereby
covenant and agree each with the other as follows:
1. That Albemarle and Orange will endeavor to provide fire suppression, fire
prevention, rescue, hazardous materials response, and other related governmental services to the
other county within the capabilities available at the time the request for such support is made.
Such response may be by county-paid employees or by county volunteer company or department
firefighters and rescuers.
2. That nothing contained in this Agreement should in any manner be construed to
compel either county to respond to a request for services in the other county when the resources
of the county to which the request is being made are needed, or are being used, within the
boundaries of its own county, nor shall any such request compel the assisting county to continue
to provide services in the other county when its personnel, apparatus or equipment are needed
within the boundaries of its own county.
3. That each county acknowledges that it is fully capable of providing fire services,
rescue services, hazardous material response services, and other related governmental services to
adequately serve its respective county.
4. That neither county shall be liable to the other for any loss or damage to property
or personal injury or death of personnel resulting from the performance of this Agreement.
5. That.each county shall indemnify and save harmless the assisting county from all
claims by .third parties for property damage or personal injury which may arise out of the
activities of the assisting county resulting from the performance of this Agreement.
6. The county requesting assistance shall not be required to reimburse the assisting
county for apparatus, equipment or personnel occasioned by a response for assistance, or for
damage to such apparatus or equipment, or injuries to personnel incurred when responding in the
other county; provided, however, the county requesting assistance under the terms of this
Agreement shall pay the responding entity from the other county the actual cost of specialized
extinguishing or hazardous material mitigation agents used in rendering assistance pursuant to
this Agreement.
7. That the county requesting assistance pursuant to this Agreement shall make such
request to the emergency communications center of the assisting county, which will then contact
the appropriate county officials to determine its response.
8. That when a county elects to respond to a request for assistance, the personnel
making such response shall not become employees of the county requesting assistance for the
purposes of the Virginia Workers Compensation Act.
9. That when a county elects to respond to a request for assistance, the personnel
manning such responding units shall remain under the command of the senior responding officer,
2
and shall work as a unified company and shall not be split apart during the emergency operations
unless ordered by the senior responding officer.
10. That when a county elects to respond to a request for assistance and the senior
responding Officer determines that the emergency operations are being conducted in an unsafe
manner, the assisting county may limit its assistance to a support service or withdraw the
assistance to ensure the safety of its personnel.
This Agreement may be modified only by the' mutual written consent of both
11.
counties.
12.
This Agreement may be terminated at any time by either county giving thirty (30)
days written notice of termination to the other county.
IN WITNESS'THEREOF, Albemarle's Chairman of the Board of Supervisors and
Orange's Chairman of the Board of Supervisors execute this Agreement, they being authorized
to do so.
APPROVED AS TO FORM:
~e~'~ County Attorney
Orange CounW Attorney
COUNTY OF ALBEMARLE
Charles S. Martin, Ql~irman
Board of Supervisors
COUNTY OF ORANGE
Clement L. Dodson, Jr., Chairman
Board of Supervisors
Attachment B
AMERICAN EDUCATION WEEI(
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NO W, THEREFORE,
public schools are the backbone of our democracy, providing young
people ~vith the tools they need to maintain our nation's precious values
of freedom, civility, and equality; and
by equipping young Americans ~vith both practical skills and broader
intellectual abilities, schools give them hope for, and access to, a
productive future; and
education employees -- be they custodians or teachers, bus drivers or
librarians -- work tirelessly to serve our children and communities ~vith
care and professionalism; and
schools are community linchpins, bringing together adults and children,
educators and volunteers, business leaders and elected ojylcials in a
common enterprise;
L Charles S, Martin, Chairman, on behalf of the Albemarle
Board of County Supervisors, do hereby proclaim the week of
NOVEMBER 1.2, 2000 THROUGH NOVEMBER 18,
,2000
as
AMERICAN EDUCATION WEEI( IN ALBEMARLE
COUNTY.
Dated this 18~k Day of October, 2000.
Attachment C
SP-2000-39 Monticello Fire and Rescue conditions
Development of the site shall be in general accord with the concept plan entitled, "County
of Albemarle Fire and Rescue Station No. 11 ", dated September 15, 2000. Specific items
for conformity include access from the "Future Access Road (to South)"; parking on the
side and to the rear of the building; screening of the property to the east; and provision of
interconnections to adjoining properties. In site plan development and review,
consideration shall be given to orienting the building closer to and parallel to the "Future
Access Road (to South)", to create a more urban appearance of the facility.
Consideration shall also be given to adjusting the apparatus bays to be set back further
than the front fa~}ade of the operational facility.
A screening buffer of dense evergreen vegetation shall be provided between the
proposed driveway adjacent to the Kimco property to mitigate visual impacts and noise
impacts on the adjoining parcel.
Such subordinate uses and fund-raising activities as bingo, raffles and auctions shall be
conducted in an enclosed building only. No such activity shall be conducted between
11:00 p.m. and 8:00 a.m.
All outdoor lighting shall be arranged or shielded to reflect light away from adjoining
residential districts and away from adjacent streets. (This is in addition to Section 4.17,
Lighting.)
Access to the facility shall be provided as either a private driveway or a public road. If a
private driveway is to be used, it shall be located in the area shown as the "Future
Access Road (to South). It shall have, at a minimum, a 4 foot asphalt pedestrian path
provided along the east side of the drive, extending up the driveway up to the first parking
space. A private driveway may be used until such time as a subdivision plat or site plan
for the adjacent (Kimco) property is approved. At that time, a public road shall be
constructed as an urban cross section with sidewalks and street trees.
Where regrading of slopes is required to create the building and parking pads, the
applicant shall minimize use of 2:1 slopes. Where 2:1 slopes are to be used, landscaping
shall be employed to enhance the appearance, stability, and maintenance of these
slopes.
The preliminary site plan shall be reviewed by the Planning Commission.
Attachment D
ORDINANCE NO. 00-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article III, District Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 10.2.2 By special use permit.
Sec. 10.2.2 By special use permit.
1.
2.
3.
4.
5.
6.
Chapter 18. Zoning
Article III. District Regulations
Community center (reference 5.1.04).
Clubs, lodges, civic, patriotic, fraternal (reference-5.1.02).
Fire and rescue squad stations (reference 5.1.09).
Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
Private schools.
Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances, unmanned telephone exchange centers; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. (Repealed 3 - 15-95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section 15.1-
486.2 of the Code (reference 5.1.07).
16. (Repealed 11-15-95)
17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in
4.14).
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store.
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24. (Repealed 11-8-89)
25. Flood control dams and impoundments.
26. (Repealed 11-8-89)
27. Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
(i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be
restored as faithfully as possible to the architectural character of the period and shall be
maintained consistent therewith; or
b. Nonconforming uses, provided the restaurant or inn is served by existing water and
sewerage systems having adequate capacity for both the existing and proposed uses and
facilities without expansion of either system. (Amended 11-8-89; 10-18-00)
28. Divisions of land as provided in section 10.5.
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.
31. Home occupation, Class B (reference 5.2).
32. Cemetery.
33. Crematorium.
34. Multi-crypt mausoleum.
35. Church building and adjunct cemetery.
36. Gift, craft and antique shops.
37. Public garage. (Added3-18-81)
38. Exploratory drilling. (Added 2-10-82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82)
40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83)
41. Convent, Monastery (reference 5.1.29). (Added 1-1-87)
42. Temporary events sponsored by local nonprofit organizations which are related to, and
supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87)
43. Agricultural Museum (reference 5.1.30). (Added 12-2-87)
44. Theatre, outdoor drama. (Added 6-10-92)
45. Farm sales (reference 5.1.35). (Added 10-11-95)
46. Off-site parldng for historic structures or sites (reference 5.1.38) or off-site employee
parldng for an industrial use in an industrial zoning district (reference 5.1.39).
47. Animal sheker (reference 5.1.11). (Added 6-16-99).
To: Albemarle County Board of Supervisors
Re: Public Hearing--Ivy Landfill
Date: October 18, 2000
From: League of Women Voters
Mr. Petrini, the executive director of RSWA, came
before you on October 4, to give you a status report on the
Ivy Landfill. In that report he mentioned that RSWA was
about to apply for a permit to open a new cell for
CDD(constmction demolition and debris).
In view of the happenings of the last few months the
League feels there should be a public hearing to decide
about the opening of a new cell at the Ivy Landfill. It may
well be the appropriate time to revisit the issue of what the
cormmunity wants done at that site. Of course, all the
pertinent information must be available for the citizens to
make an informed decision.
David P. Bowerman
Rio
Lindsay G. Dottier, Jr.
Charlotte Y. Humphris
Jack Jouett
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
Rivanna
Walter E Perkins
White Hall
Sally H. Thomas
Samue{ Miller
October 23, 2000
Mr. Larry E. Jackson
Manager Distribution System
American Electric Power
P.O. Box 1000
Lynchburg, VA 24505-1000
Dear Mr. Jackson:
At its October 18, 2000, the Board of Supervisors authorized Mr. Tucker to sign the
attached agreement for the purchase of electricity from Appalachian Power Company. I have
,enclosed two copies of the agreement. Please obtain your company's signature on one copy and
return it to me.
Thank you,
Sincerely,
Laurel A. Bentley, CMC
Senior Deputy Clerk
Attachments
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUM MARY
AGENDA TITLE:
Agreement for the Purchase of Electricity from
Appalachian Power Company (dba American Electric
Power-Virginia)
AGENDA DATE:
October 18, 2000
ACTION:
ITEM NUMBER:
INFORMATION:
S U BJ ECT/P RO P OSALIREQ U EST:
Request the Board of Supervisors authorize the
County Executive to execute the Agreement, dated
September 5, 2000, from Appalachian Power
Company (dba American Electric Power-Virginia) for
electricity.
STAFF CONTACT(S):
Messrs. Tucker, Breeden; Ms. White
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On behalf of all Virginia localities, the Virginia Municipal League and the Virginia Association of Counties negotiate
rates and services provided to localities by the various power companies. These negotiations have been
completed for Appalachian Power Company (dba American Electric Power-Virginia) and have resulted in a slight
decrease in the rates localities were paying. Attached is an explanatory letter submitted by Appalachian Power
Company (dba American Electric Power-Virginia).
The new agreement, for the period of July 1,2000 through June 30, 2002, has been received from Appalachian
Power Company (dba American Electric Power-Virginia). A full copy of the agreement is available in the Board
office should you wish to review it.
RECOMMENDATION:
Staff recommends the Board of Supervisors authorize the County Executive, on behalf of Albemarle County, to
sign the Agreement for the Purchase of Electricity from Appalachian Power Company (dba American Electric
Power-Virginia).
00.218
American Electric Pow.,
P0 Box 1000
Lynchburg, VA 24505-1000
804 522-4201
'r'COUNTY OF AEBEMAP,!'2E
, -~ b,' .....
AMERi~C' D ::F: j ~
ELECTRIC
POWER
Mr. Robert W. Tucker, Jr.
County Executive
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902
August 24, 2000
Dear Mr. Tucker:
I am pleased to let you know that Appalachian Power Company (d.b.a.
American Electric Power-Virginia) and the Negotiating Committee
representing our Public Authority customers have reached a settlement
concerning electric service rates and street lighting rates for the period
July 1, 2000 through June 30, 2002. In the near future we will be
contacting you to provide the revised tariff sheets and to execute a new
revised electric service agreement for that period.
In summary, the Public Authority Tariff No. 8 that AEP-VA placed in
effect on July 1, 2000, on a service render basis, produced an annual base
rate reduction of approximately $1 million or 4.41%, excluding fuel. The
lower rates will remain in effect through June 30, 2002. The Street
Lighting Tariff was also reviewed during these negotiations and will
remain unchanged for the period July 1, 2000 through June 30, 2002.
As previously indicated, we will be contacting you soon regarding this
settlement, however, please do not hesitate to call me at (804) 522-420i if
you have any questions in the meantime.
Sincerely,
LarryE~.Jakson' ~
Manager Distribution System
mc
COUNTY OF ALBEMARLF
EXECUTIVE SUMMARY
AGENDA TITLE:
Mutual Aid Agreement with Orange County
AGENDA DATE:
October 18, 2000
ITEM NUMBER:
S U BJ ECT/P RO P OSAL/REQ U EST:
BOS approval of Chairman authority to execute the
"Mutual Aid Agreement" between Albemarle County
and Orange County.
ACTION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
INFORMATION:
STAFF CONTACT{S):
Messrs. Tucker, Foley, Davis, Pumphrey
BACKGROUND:
ATTACHMENTS:
REVIEWED BY:
Mutual Aid Agreement
Albemarle County has proposed entering into written mutual aid agreements for fire and rescue services with each
of its neighboring counties. These agreements would assure the terms under which such aid is delivered and
would maximize the statutory immunity provided by Virginia Code §§ 27-2, 27-4, and 27-23.6. A standard
agreement has been prepared and forwarded to each county for review and approval. Orange County is the 5th
county to approve the proposed agreement.
DISCUSSION:
A Mutual Aid Agreement prepared by the Albemarle County Attorney between AIbemarle County and
Orange County has been approved by the Orange County Board of Supervisors.
RECOMMENDATION:
Staff recommends that the Board authorize the Chairman to execute the Mutual Aid Agreement on behalf
of the County.
00.219
MUTUAL AID AGREEMENT
THIS AGREEMENT made this 18th day of October ,2000, by and
between Albemarle County, a political subdivision of the Commonwealth of Virginia,
hereinafter referred to as "Albemarle", and Orange County, a political subdivision of the
Commonwealth of Virginia, hereinafter referred to as "Orange",
WHEREAS, it is deemed to be mutually beneficial to Albemarle and Orange to enter into
an agreement concerning mutual aid with regard to fire and rescue services; and
WHEREAS, the parties desire that the terms and conditions of this Mutual Aid
Agreement be established pursuant to § § 27-2, 27-4 and 27-23.6 of the Code of Virginia;
NOW THEREFORE WITNESSETH, that for and in consideration of the mutual benefits
to be derived by Albemarle and Orange from this Agreement, Albemarle and Orange hereby
covenant and agree each with the other as follows:
1. That Albemarle and Orange will endeavor to provide fire suppression, fire
prevention, rescue, hazardous materials response, and other related governmental services to the
other county within the capabilities available at the time the request for such support is made.
Such response may be by county-paid employees or by county volunteer company or department
firefighters and rescuers.
2. That nothing contained in this Agreement should in any manner be construed to
compel either county to respond to a request for services in the other county when the resources
of the county to which the request is being made are needed, or are being used, within the
boundaries of its own county, nor shall any such request compel the assisting county to continue
to provide services in the other county when its personnel, apparatus or equipment are needed
within the boundaries of its own county.
3. That each county acknowledges that it is fully capable of providing fire services,
rescue services, hazardous material response services, and other related governmental services to
adequately serve its respective county.
4. That neither county shall be liable to the other for any loss or damage to property
or personal injury or death of personnel resulting from the performance of this Agreement.
5. Thateach county shall indemnify and save harmless the assisting county from all
claims by .third parties for property damage or personal injury which may arise out of the
activities of the assisting county resulting from the performance of this Agreement.
6. The county requesting assistance shall not be required to reimburse the assisting
county for apparatus, equipment or personnel occasioned by a response for assistance, or for
damage to such apparatus or equipment, or injuries to personnel incurred when responding in the
other county; provided, however, the county requesting assistance under the terms of this
Agreement shall pay the responding entity from the other county the actual cost of specialized
extinguishing or hazardous material mitigation agents used in rendering assistance pursuant to
this Agreement.
7. That the county requesting assistance pursuant to this Agreement shall make such
request to the emergency communications center of the assisting county, which will then contact
the appropriate county officials to determine its response.
8. That when a county elects to respond to a request for assistance, the personnel
making such response shall not become employees of the county requesting assistance for the
purposes of the Virginia Workers Compensation Act.
9. That when a county elects to respond to a request for assistance, the personnel
manning such responding units shall remain under the command of the senior responding officer,
2
and shall work as a unified company and shall not be split apart during the emergency operations
unless ordered by the senior responding officer.
10. That when a county elects to respond to a request for assistance and the senior
responding officer determines that the emergency operations are being conducted in an unsafe
manner, the assisting county may limit its assistance to a support service or withdraw the
assistance to ensure the safety of its personnel.
This Agreement may be modified only by the' mutual written consent of both
11.
counties.
12.
This Agreement may be terminated at any time by either county giving thirty (30)
days written notice of termination to the other county.
IN WITNESS 'THEREOF, Albemarle's Chairman of the Board of Supervisors and
Orange's Chairman of the Board of Supervisors execute this Agreement, they being authorized
to do so.
APPROVED AS TO FORM:
Orange County Attorney
COUNTY OF ALBEMARLE
By Charles S. Martin, C2~ai~rman
Board of Supervisors
COUNTY OF ORANGE
Clement L. Dodson, Jr., Chairman
Board of Supervisors
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Request to Advertise a Public Hearing for approval by
Ordinance of an Agreement for a pilot program for the
joint aggregation and procurement of electrical energy.
AGENDA DATE:
October 18, 2000
ACTION:
ITEM NUMBER:
IN FORMATION:
S U BJ ECT/P ROPOSAL/REQU EST:
BOS authorization to set public hearing to approve an
ordinance and agreement necessary to include the
County in the pool of localities participating in a pilot
program for the aggregation and procurement of
electrical energy through VML and VACo.
STAFF CONTACT(S):
Messrs. Tucker, Davis, Breeden, Trank
CONSENT AGENDA:
ACTION: X
IN FORMATION:
ATTACHMENTS: Ordinance, Agreement and Memorandum
REVIEWED BY: ~
DISCUSSION:
The referenced Pilot Program involves a competitive procurement of electrical energy developed by a steering committee
composed of representatives from the Virginia Municipal League, Virginia Association of Counties and Virginia Power. The
short-term goal of the program is to obtain the greatest savings for the group (approximately 200) of participating localities,
school boards, and authorities. The Albemarle County School Board and the Rivanna Water and Sewer Authority are also
eligible for inclusion in this pilot program. The steering committee hopes that the program will test the efficiency and cost
savings potentials that may be realized in the future with even larger aggregations of accounts for electrical energy.
Va. Code § 15.2-1300 requires that the County approve a joint powers agreement by ordinance. Both the agreement and
ordinance attached hereto have been developed by outside legal counsel (Christian & Barton, LLP) in Richmond on behalf of
the VMLNACo steering committee.
RECOMMENDATION:
Staff recommends that a public hearing be set for November 8, 2000 to consider approval of the ordinance and agreement.
00.217
Draft: October 10, 2000
VIRGINIA GOVERNMENTAL ELECTRICITY PURCHASING ASSOCIATION
JOINT POWERS ASSOCIATION AGREEMENT
THIS AGREEMENT CAgreement'), made and entered into as of the __
subdivisions of the
particularly identified
"Members").
day of
, 2000 by and among the local governments and other political
Commonwealth of Virginia which are signatories hereto and more
on Schedule B hereto (each a "Member" and, collectively, the
WITNESSETH:
WHEREAS, the Members are each authorized by law to acquire electric utility services
as necessary or appropriate for the operation of their respective public facilities; and
WHEREAS, Virginia Code §15.2-1300 (the "Code") provides that any power, privilege
or authority exercised or capable of being exercised by a political subdivision of the
Commonwealth of Virginia may be exercised and enjoyed jointly with any other political
subdivision of the Commonwealth having a similar power, privilege or authority except where
express statutory procedure is otherwise provided for the joint enterprise; and
WHEREAS, the Code authorizes two or more political subdivisions to enter into
agreements with one another for such joint action and to appropriate funds and sell, lease, give or
otherwise supply such property, personnel or services therefor as may be within their legal power
to furnish; and
WHEREAS, the Members, pursuant to the authority granted in the Code, desire to create
a joint powers association (the "Association") and associate as members hereunder with the
assistance of the Consultant and Counsel (identified below) for the purposes, among other things,
of promoting the interest and welfare of the Members, and developing a closer relation among
them, all as hereinafter more particularly set forth; and
Draft: October 10, 2000
WHEREAS, Virginia Electric and Power Company ("Virginia Power") has agreed in
principle to permit localities purchasing energy from'Virginia Power ("Virginia Power
.Localities") to participate in a pilot program ("Pilot Program") whereby the Virginia Power
'Lbca!ities may purchase up to 117,000,000 kWh of their annual electricity supply ("Supply")
commencing no sooner than January 1, 2001, and continuing through no later than December 31,
2002, from one or more competitive licensed suppliers ("Suppliers"); and
WHEREAS, the VML/VACo Virginia Power Steering Committee, which is composed
of representatives of municipalities and other political subdivisions of the Commonwealth,
including the Members ("Committee"), with the advice and consultation of the Consultant and
Counsel, has assisted the Virginia Power Localities in connection with the negotiation of
contracts for the supply of electricity, and the Committee has recommended that the Virginia
Power Localities aggregate their purchases for the Pilot Program pursuant to one or more
requests for proposals ("RFP'') to provide electricity service to the accounts (the "Accounts'')
selected by the Suppliers from among approximately 200 interval accounts with a total kWh of
approximately 1 billion kWh as identified on Schedule A hereto (the "Member Accounts") with
the specifications (the "Specifications") that the contract or contracts awarded for the Pilot
Program (the "Pilot Program Contracts") will (a) serve up to approximately 117,000,000 kWh on
an annual basis for all or any portion of the period commencing no earlier than January 1, 2001,
and ending no later than December 31, 2002 (the "Pilot Period") and (b) be allocated so that
approximately 30% of the 117,000,000 kWh will be allocated to schools on Virginia Power Rate
Schedules 100 and 110 and approximately 70% of the 117,000,000 kWh will be allocated to
non-schools on Virginia Power Rate Schedule 130; and
2
Draft: October 10, 2000
WHEREAS, the Committee has further recommended that the Virginia Power Localities
whose electricity accounts are included within the Member Accounts form a membership
association pursuant to the authority granted to localities under the Code; and
WHEREAS, the Members consist of all or a portion of the Virginia Power Localities
whose electricity accounts are included within the Member Accounts; and
WHEREAS, the Members desire to use an RFP process that will permit them during all
or any portion of the Pilot Period to aggregate their purchases of the Supply from one or more
Suppliers using competitive principles; and
WHEREAS, the Members desire the continued assistance of the Committee, the
Consultant and Counsel in connection with the matters to be undertaken by the Association.
NOW, THEREFORE, in consideration of the premises and the undertakings hereinafter
stated, the Members agree as follows:
1. Name. The undertaking of the Members hereunder shall be named and
designated as the Virginia Governmental Electricity Purchasing Association (hereinafter the
"Association").
2. Term of the Agreement. This Agreement shall be effective for the period
commencing on the date hereof (with each Member to adopt the Agreement on or after such
commencement date) and shall terminate upon the earlier of (a) completion of the RFP process
and, as applicable, the completion of the Pilot Program and any matters necessary to wind up the
administration of the Pilot Program, or (b) a vote by 75% of the members of the Board (as
defined below in this Agreement) to turn over the administration of the Pilot Program to a
successor association.
Draft: October 10, 2000
3. Purpose of the Agreement.' The Members enter into this Agreement for the
purpose of acting jointly to promote their interests and welfare and to promote the interest and
.welfare of, and develop close relationships with, similar public bodies. This promotion and
d~velopment shall consist of the following actions undertaken by the Association as the agent for
the Members: (a) issuance of one or more RFPs, (b) evaluation of responses to the RFP,
(c) award of one or more contracts to one or more Suppliers, if any, whose responses are selected
pursuant to the evaluation of such responses in accordance with the terms of this Agreement, and
(d) the administration of any Pilot Program Contracts that may be awarded pursuant to the RFP.
All such actions by the Association shall be done with the advice and consultation of the
Consultant and Counsel and approved by the Board.
4. Purchase of the Supply.
(a) After evaluating any responses submitted by Suppliers to the RFP, the Board shall
determine what contracts, if any, should be awarded for the purchase of the Supply for the
Accounts for the Pilot Period. The purchase of the Supply shall be made pursuant to the
exemption from competitive sealed bidding and competitive negotiation as set forth in Virginia
Code Section 11-45.G of the Virginia Public Procurement Act (the "Act") using competitive
principles, and, to the extent applicable, other relevant provisions of the Act. Each Member
agrees, subject to annual appropriation, to purchase its respective share of the Supply for its
Accounts selected by the successful Supplier(s) from among the Member Accounts and to pay
therefor the rate for such Accounts negotiated in the procurement process for the Supply, subject
to the provisions of subsection Co) of this Section 4. No member shall be liable or responsible
for any payments owed the successful Supplier(s) under any contract(s) for any portion of the
Supply by any other Member with respect to the Account of any such other Member.
Draft: October 10, 2000
(b) The Board shall determine which one or more of the responses to the RFP,
if any, (i) best meets the requirements and conditions of the RFP, (ii) offers the greatest projected
savings, in aggregate, for all or some portion of the Supply, (iii) meets the Specifications and
(iv) proposes a price for each Account to be served under any Pilot Program Contract that is
projected to be lower than the projected price that would otherwise pertain when applying the
Virginia Power supply rate under which the Account would otherwise be served (the "Virginia
Power Rate").
(c) The Pilot Program Contracts awarded hereunder by the Association for the
purchase of the Supply shall be executed by the Chairman or the Vice Chairman of the
Association on behalf of the Members owning the Accounts to be served under the Pilot Program
Contracts.
(d) The Association shall cause to be communicated to other municipalities and
political subdivisions in the Commonwealth the advantages of this Agreement with a view to
furthering their economic interests in the aggregation and procurement of electricity services on
a competitive basis.
5. Governance.
(a) The Board. The Association shall be governed by a Board (the "Board")
that shall initially consist of the primary representatives of the Members listed on Schedule B
hereto. The Members listed on Schedule B may also appoint a secondary representative who
may attend all meetings of the Board, but who shall not have voting privileges unless the primary
representative of the Member shall be absent. The Board shall have power to decide all matters
relating to the Association's activities and operations, subject to the provisions set forth herein.
5
Draft: October 10, 2000
Whenever any Member withdraws from the Association in accordance with this Agreement, that
Member shall no longer have any representation on the Board.
(b) Meeting of the Board. The Board shall meet at such times and places
Within the Commonwealth of Virginia as shall be designated by the Chairman. Three working
days' notice by fax or E-mail shall be given in advance of all Board meetings.
(c) Officers of the Board. Paul Proto is hereby designated as Chairman of the
Board and Steve Sinclair is hereby designated as its Vice Chairman, to serve until the earlier of
(a) the termination of the Association or (b) the submission of such officer's resignation or his
removal and the election of a successor by the Board. The Chairman shall preside at all meetings
of the Board, and in his absence, the Vice-Chairman shall preside. Vacancies in such offices
may be filled by the Board at any meeting. Steve Craig of the VML, or its designee, shall serve
as the Board's secretary, but without vote.
(d) Quorum. Twenty-five percent of the members of the Board shall
constitute a quorum for any Board meeting.
(e) Actions by the Board. All matters for action by the Board may be adopted
upon the affirmative vote of a majority of the Members present and voting.
(f) Consultant and Counsel. The Columbia Group is hereby initially
designated as Consultant to the Association and Christian & Barton, L.L.P., is hereby initially
designated as Counsel to the Association.
6. Budget of the Association.
(a) There is hereby established a budget of $40,000 for the RFP process and the
selection of and contracting with the successful Supplier, based upon an estimate therefor of
6
Draft: October 10, 2000
$20,000 for the Consultant and $20,000 for Counsel, including fees and expenses. The budget
shall be funded from amounts set aside by the Committee from its current operating budget.
(b) Each of the Members owning any of the Accounts shall, subject to annual
appropriation, contribute back to the Committee by December 31, 2001, for credit to the
Committee's current operating budget an amount of up to 25% of such Member's savings
projected to be realized from purchasing its respective share of the Supply for its Accounts
compared to the amount that otherwise would be projected to be paid by applying the Virginia
Power Rate for such Accounts; provided, that the aggregate of such contributions back to the
Committee shall not exceed $40,000 total for all members. Such projected savings and
contributions back to the Committee shall be reasonably determined by the Consultant following
the award of the contract or contracts for the Supply and a written report thereof promptly
delivered by the Consultant to the Committee and to each of the Members. Should the projected
aggregate savings for all the Accounts exceed $160,000 (.25 x $160,000 = $40,000), the
percentage of each Member's contribution back shall be adjusted by the Consultant in making its
determinations by multiplying .25 by a fraction, the numerator of which shall be 160,000 and the
denominator of which shall be the sum of the projected savings for all the Accounts. No
Member shall be required to pay any portion of any contribution back assessed to, but unpaid by,
any other Member.
(c) The Association shall not create or incur any liability for the Members, jointly or
severally, other than (i)the costs incurred by any Member in paying for any Accounts of the
Member that are served under any Pilot Program Contracts and (ii) the reimbursement owed to
the Committee pursuant to subsection (b) above.
7
Draft: October 10, 2000
7. Withdrawal of Members. 'A Member may withdraw from the. Association
effective upon the-earlier of (a) notice from the Association that no Pilot Program Contract will
.serve any of the Member's Member Accounts, or (b) notice from the Association that the term of
all Pilot Program Contracts serving any of the Member's Member Accounts has expired and the
Member hasI reimbursed the Committee for any amounts owed under Section 6(b) of this
Agreement.
8. Notices. Unless otherwise provided for herein, notices, approvals, requests,
consents and other communications under this Agreement shall be in writing and shall be
deemed to have been given when delivered in person, by fax or by E-mail or mailed by first
class, registered or certified mail, postage prepaid, addressed to the primary representatives of
the Members at the addresses shown on Schedule B. The Members may designate by notice
given hereunder any further or different addressees or addresses to which subsequent
communications under this Agreement shall be sent.
9. Execution of Multiple Originals. This Agreement may be executed by the
Members in multiple original counterparts, each of which shall be deemed to be an original and
all of which together shall be deemed to be one and the same instrument.
WITNESS the following signatures, effective as of the date first above written.
MEMBER:
COUNTY OF ALBEMARLE, VIRGINIA
By:
ROBERT W. TUCKER, JR.
COUNTY EXECUTIVE
Draft: October 10, 2000
SCHEDULE A
SCHEDULE OF ACCOUNTS
9
Draft: October 10, 2000
SCHEDULE B
LIST OF BOARD MEMBERS
Members
Designated members of the Board
10
Draft: October 10, 2000
ORDrNANCE NO. 00-( )
AN ORDINANCE APPROVING THE VIRGINIA GOVERNMENTAL ELECTRICITY
PURCHASING ASSOCIATION JOINT POWERS ASSOCIATION AGREEMENT; and
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the VML/VACo Virginia Power Steering Committee (the "Committee"),
composed of representatives of the County of Albemarle and other political subdivisions and
municipalities of the Commonwealth, has for over several decades negotiated on behalf of such
governmental units their purchase of electricity supply from Virginia Power as a sole source
provider; and
WHEREAS, Section 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act")
authorizes political subdivisions to exercise jointly powers they otherwise are authorized to
exercise independently, under the terms and conditions set forth in the Joint Powers Act; and
WHEREAS, the Electric Utility Restructuring Act (the "EUR Act") further authorizes
municipalities and other political subdivisions in the Commonwealth to aggregate their
electricity supply requirements for the purpose of their joint purchase of such requirements from
licensed suppliers, and the EUR Act provides that such aggregation shall not require lieensure;
and
WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts
from its competitive sealed bidding and competitive negotiation requirements (the
"Requirements") the joint procurement by public bodies, utilizing competitive principles, of
electricity supply purchased through member associations under the conditions set forth in the
Procuremerit Act; and
WHEREAS, the Committee has voted unanimously to fund an effort to aggregate local
governmental purchases of up to approximately 117,000,000 kWh of annual electricity supply
(the ,'SUpply'') from competitive licensed suppliers during a pilot period commencing no earlier
than January 1, 2001, and extending through no later than December 31, 2002 (the "Pilot
Period"); and
WHEREAS, the Committee recommends (i). the aggregation and joint procurement of
the Supply as provided in the form of the Joint Powers Association Agreement, a copy of which
is attached to and made a part of this Ordinance (the "Joint Powers Agreement'); (ii) that one or
more requests for proposals CRFP") be issued requesting licensed suppliers (the "Proposers") to
submit proposals (the "Proposals") to furnish the Supply to the interval accounts (the
"Accounts") selected by the Proposers from among approximately 200 interval accounts of the
municipalities and other political subdivisions that presently purchase electricity supply from
Virginia Power; (iii) that for the Accounts selected, approximately 30% of the kWh shall be for
schools on Virginia Power's Rate Schedules 100 and 110 and approximately 70% of the kWh
shall be for non-schools on its Rate Schedule 130; and (iv) that a contract or contracts for the
furnishing of the Supply be awarded to the Proposer (or Proposers) by considering which
Proposals best (i) meet the requirements and conditions of the RFP; (ii) offer the greatest dollar
Draft: October 10, 2000
savings for'the aggregated group as a whole; and (iii) offer a price for each Account,selected that
is projected to be lower than the projected price that would otherwise obtain applying the
Virginia Power supply rate under which the Account would otherwise be served; and
WHEREAS, the Committee has agreed to provide funds from its operating budget in an
amount not to exceed $40,000 to pay the fees and expenses of its counsel, Christian & Barton,
L:L.P., and its utility consultant, the Columbia Group, to prepare the documents necessary for the
aggregation, the RFP process, the evaluation of the Proposals, and the award and execution of
the contract or contracts on behalf of the municipalities and political subdivisions owning the
Accounts for which the Supply will be furnished; and
WHEREAS, the Committee recommends that the municipalities and political
subdivisions participating in the aggregation process agree to contribute back to. the Committee's
budget up to 25% of the estimated savings projected to be realized with respect to such of their
Accounts, if any, for which the Supply is to be furnished during the Pilot Period, provided that
the aggregate of such contributions back to the Committee shall not exceed $40,000; and
WHEREAS, the Committee recommends that the aggregation and procurement of the
Supply for the Pilot Period be effectuated as provided in the Joint Powers Agreement utilizing
competitive principles pursuant to an exemption from the Requirements; and
WHEREAS, the procurement of the Supply through the Joint Powers Agreement is
structured such that the projected costs of the electrical energy requirements of the County of
Albemarle can only be less than such costs would otherwise be under otherwise applicable rates,
and it has heretofore been determined on behalf of the County of Albemarle that competitive
sealed bidding and competitive negotiations by the County of Albemarle for such of the Supply
as may be applicable to any of its Accounts are not fiscally advantageous to the public; and
WHEREAS, it appearing to the Board of Supervisors of the County of Albemarle that
the joint procurement of the Supply pursuant to the Joint Powers Agreement is otherwise in the
best interests of the County.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Albemarle, Virginia pursuant to Virginia Code Section 15.2-1300, et seq., as follows:
Section 1. The aggregation and joint procurement of the Supply during the Pilot
Period pursuant to the Joint Powers Agreement is hereby approve&
Section 2. The Joint Powers Agreement and the performance of the terms and
conditions thereof on behalf of the County of Albemarle are hereby authorized and approved.
Section 3. The County Executive is hereby authorized and directed to execute and
deliver the Joint Powers Agreement on behalf of the County of Albemarle in substantially the
form presented to this meeting.
Draft: October 10, 2000
Section 4. The return to the Committee of up to 25% of any savings projected to be
realized by the County of Albemarle on any of its Accounts, as provided in and subject to the
overall limitation set forth in the Joint Powers Agreement, is hereby authorized and approved.
Section 5. The payment obligations of the County of Albemarle pursuant to the
provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of
requisite funds therefor by the Board of Supervisors.
This Ordinance shall take effect immediately.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
__ to __, as recorded below, at a regular meeting held on
Mr. Bowerman
Mr. Dorrier
Ms. Humphris
Mr. Martin
Mr. Perkins
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
CHRISTIAN 8c BARTON
L.LP.
ATTORNEYS AT LAW
909 EAST MAIN STREET, SUITE 1200 · RICHMOND. VIRGINIA 23219-3095
TELEPHONE (804) 697-4100 · FACSIMILE (804) 697-4112_
MEMORANDUM
TO:
FROM:
DATE:
RE:
Contact Persons for Governing Bodies of Virginia Local Governments
that have Accounts Eligible for Pilot Program
Louis R. Monacell, Esquire
Daniel E: Rogers, II, Esquire
Cliona M. Robb, Esquire
September 6, 2000
A~gre~ation and Joint Procurement of Electricity SuDD1V for Pilot Program
Q&A
Why should you participate in joint procurement?
You should participate in the joint procurement of electric energy to take '
advantage of the savings expected to be realized through the aggregation of a
number of sizable accounts. In addition, the program is set up as a pilot to
test the efficacy and cost savings potentials that may be realized in the future
with even larger aggregations.
Can you achieve similar results through your own individual resources?
It is possible, though not likely, that similar savings on smaller unaggregated
accounts could be realized.
Are savings guaranteed to us?
It is expected that each account selected to participate in the pilot program
will realize a savings because each supplier is required to propose a price fo.r
each account that is less than would otherwise obtain applying the Virgin. ia
Power rate. Actual usage may ultimately affect actual savings realized.
CHRISTIAN e:{ BARTON, LLP.
Memorandum to Contact Persons
September 6, 2000
Page 2
o
o
o
What is Virginia Power's role/posture/agreement' in principle?
Virginia Power has agreed in p.rinciple to allow the aggregation and
competitive procurement on an annual basis starting as early as January 1,
2000, of up to approximately 117,000,000 kWh of electric energy on its Rate
Schedules 100, 110, and 130 that would otherwise be provid. ed by them for
the accounts constituting the eligible pool. This 117,000,000 kWh represents
approximately 3.4% of total government annual usage of 3.5 billion kWh.
Is participation required?
No.
What do you lose by participating?
Nothing. The pilot program is set up to be "win-win" for the participants
inasmuch as each participating account is required to have a projected price
savings over that which would otherwise be applicable.
Is there any liability/responsibility for participating?
By executing the Joint Powers Agreement, you would agree to be bound by a
contract executed in your name resulting from the competitive procurement
of the joint supply. The payment obligation is subject to appropriation, is
limited to the term of the pilot program, and is limited to a projected price
that would be less than the projected price for your account otherwise
applicable under Virginia Power rates.
How were eligible RFP Accounts selected?
Two hundred eligible RFP Accounts on Sehedules 100, 110, and 130 were
selected by the VML/VaCo Virginia Power Steering Committee based upon
the recommendation of its Consultant, the Columbia Group. These 200
accounts use approximately 1 billion kWh on an annual basis, approximately
30% of which is for schools on Schedules 100 and 110 and 70% of which is for
non-schools on Schedule 130.
CHRISTIAN &: BARTON, LLP.
Memorandum to Contact Persons
September 6, 2000
Page 3
10.
11.
,
13.
· Is our account selection/participation guaranteed?
No. Only approximately 3.4% of the usage of local governments can
participate pursuant to Virginia Power's limitation. The VML/VaCo Virginia
Power Steering Committee recommended that the determination of the
actual accounts selected to participate in the prior to constitute this
117,000,000 kWh program be chosen by the competitive licensed suppliers
participating in the RFP process in order to obtain the most attractive pricing
proposals.
Will joint procurement be undertaken pursuant to competitive sealed
bidding/competitive negotiation requirements of Public Procuremerit Act?
It is expected that the RFP process will be exempt from the competitive
sealed bidding/competitive negotiation requirements of the Public
Procurement Act pursuant to the exemption afforded by Section 11-45.G of
the Act. The Joint Powers Agreement establishes a membership association
to conduct the joint procurement pursuant to such exemption. -
Will competitive principles be employed in the procurement?
Yes. Competitive principles are required to be utilized pursuant to the
referenced exemption, and the RFP process being designed for the Pilot
Program embodies those principles.
On what basis will the winning supplier(s) be selected?
The winning supplier(s) to be selected will be the supplier(s) that
(i) otherwise meets the requirements of the RFP, (ii) proposes a projected
price for each account that would be less than that which would obtain
applying the otherwise applicable Virginia Power rate and (iii) proposes the
greatest savings for the group as a whole in total dollars as compared to what
would be paid to Virginia Power. In addition, the accounts selected will have
to meet the specification that approximately 30% of the usage be allocated to
schools on Schedules 100 and 110 and approximately 70% of the usage
allocated to non-schools on Schedule 130.
Are ~ve authorizing the execution of a supply contract on our behalf?.
Yes, within the parameters specified above.
CHRISTIAN & BAKTON, LLP.
Memorandum to Contact Persons
September 6, 9-000
Page 4
14.
15.
16.
18.
19.
20.
For what period of time?
The contract will cover the Pilot. Period which will commence no earlier than
January 1, 2001, and extend through no later than December 31, 2002. This
period affords flexibility in pricing options and is intended to achieve a
greater savings than could be obtained for a "fixed" one-year: period.
For what cost?
See No. 7 above.
Is our payment obligation subject to annual appropriation?
Yes.
Must we find that competitive sealed bidding and competitive negotiation are not
fiscally advantageous to the public?
Yes, in order to take advantage of the exemption from competitive sealed
bidding/competitive negotiation afforded by Section 11-45.G of the Public
Procurement Act.
Must we approve the Joint Po~vers Agreement by ordinance/resolution?
Yes. Since the Joint Powers Agreement is being undertaken pursuant to the
Joint Powers Act, the Agreement must be approved by ordinance by counties,
cities and towns and by resolution by other political subdivisions.
Who are "Members?"
Members are the governmental units shown. on the schedule to the JPA.
Their authorized representatives will sign the JPA on their behalf. The
Members are those owning the 200 eligible accounts selected by the
consultant.
How were Board' members selected?
Board members were selected from among those having representatives on
the VMIjVaCo Virginia Power Steering Committee who also o~vned accounts
CHRISTIAN &: BARTON, LLP.
Memorandum· to Contact Persons
September G, 2000
Page 5
21.
22.
23.·
24.
25.
eligible for the RFP process. Should .other Members; desire to be included on
the Board, please let us know and you will be included.
Who makes decisions on behalf of the Association?
The Board, with the advice and consultation of the Consultant, the Columbia
Group; Counsel, Christian & BartOn, L.L.P.; and the officers of the
Association, Messrs. Paul Proto (Henrico County) and Steve Sinclair (Fairfax
County), who have in-depth knowledge and involvement with the proposed
Pilot Program. Earlier consideration was given to an executive committee,
but following the first round of comments, it was determined not to utilize
that approach. '
How Were officers selected?
It was thought that Messrs~ Proto and Sinclair would be excellent as
Chairman and Vice-chairman in light of their experience and involvement.
Must Board members stay on if their accounts are not selected?
Board members may withdraw as such if their accounts are not selected or at'
such time as their selected accounts, if any, are no longer being served under
the program.
How are costs of the undertaking being defrayed?
The VML/VaCo Virginia Power Steering Committee has committed to provide
$40,000 from its existing budget to defray the expenses of the RFP process.
· $20,000 is estimated for Counsel and $20,000 estimated for the Consultant,
including fees and expenses. These funds are already earmarked and further
assessment of Members is not contemplated, subject to #25 below.
Are we responsible for any costs?
The Joint Powers Agreement provides for a contribution back, subject to
annual appropriation, to the Steering Committee's budget of up to 25% of the
projected savings on each selected account, with the aggregate of all such
contributions back not to exceed $40,000. The reimbursement obligation is
based on projected savings rather than actual savings realized, because
· actual usage may cause results to vary.
CHRISTIAN f~2 BARTON, LLP.
Memorandum to Contact Persons
September 6, 2000
Page t3
26.
28.
29.
30.
How is reimbursement obligation, if any, calculated?
See No. 25 above. The projected savings and resultant contributions back to
the Steering Committee's 'budget will be reasonably calculated and
determined by the Consultant following the award of the contract(s) for the
supply. Members will be notified of their reimbursement obligation at that
time by the Consultant with payment to be made by December 31, 2001.
Will the Association own property or maintain bank accounts?
No. Since this is a pilot program and expenses are being handled through the
Steering Committee, no property or bank accounts will be necessary. The
Association thus will terminate upon conclusion Of the term of the Agreement
without the need for any further "dissolution" proceedings~
Can the Association expand its authority on its own?
No. The authority of the Association is established by the Agreement of the
participating Members. Any expansion would require the agreement of all
Members. The provision in the JPA concerning termination of the JPA upon a
transfer to a successor association of the program administration requires a 75%
vote of the members of the Board and contemplates a p0ssible later phase of joint
procurement, should the Members decide to proceed beyond the Pilot Program.
By when are we requested~..to comment on the Program documents?
September 14, 2000.
To whom should our comments be directed?
Daniel E: Rogers, It, Esquire
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia, 23219-3095
Telephone - (804)697-4 105
Fax - (804)697-4112 or (804)697-6105
E-mail - drogers@cblaw.com
Lo, uis R. Monacell, Esquire
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia, 23219-3095
Telephone - (804)697-4120
Fax - (804)697-4112 or (804)697-6120
E-mail - lmonacell@cblaw.com
CHRISTIAN & BARTON, LLP.-
'MemorandUm to Contact Persons
September 6, 2000
Page 7
31.
32.
33.
Cliona M. Robb, Esquire
Christian & Barton, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia, 23219-3095
Telephone - (804)697-4140
Fax- (8.04)697-4112 or (804)697-6140
E-mail - crobb@cblaw.com
What is the date by which our participation approval is requested?
October 20, 2000.
When is RFP expected to be issued?
October 23, 2000.
When is contract for supply expected to be awarded?
December 4, 2000.
#533269,3
AMERICAN ED UCA TION WEEK
WHEREAS,
public schools are the backbone of our democracy, providing young people with the
tools they need to maintain our nation's precious values of freedom, civility, and
equality; and
WHEREA&
by equipping young Americans with both practical skills and broader intellectual
abilities, schools give them hope for, and access to, a productive future; and
WHEREAS,
education employees -- be they custodians or teachen, bus drivers or librarians -- work
tirelessly to serve our children and communities with care and professionalism; and
WHEREAS,
schools are communi9, linchpins, bringing together adults and children, educators and
volunteers, business leaden and elected officials in a common enterprise;
NOW, THEREFORE,
L Charles S. Martin, Chairman, on behalf of the Albemarle Board of
Coun{y Supervisors, do hereby proclaim the ~veek of
NOVEMBER 12, 2000 THROUGH NOVEMBER 18, 2000
as
AMERICAN EDUCATION WEEK IN ALBEMARLE COUNTY.
Dated this 184 Day of October, 2000.
CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPERVISORS
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Sheriffs request for additional Part Time funds
SU BJ ECT/PROPOSAL/REQU EST:
Additional appropriation of $40,000 in part time funds
AGENDA DATE:
October 18, 2000
ACTION: X
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
IN FORMATION:
IN FORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Foley, White, Robb
BACKGROUND:
ATTACHMENTS: Yes
REVIEWED BY: ,~""""""'~
Enclosed is Sheriff Rob's response for information regarding his request for $40,000 in additional part time funds. The Sheriff
indicated in his original request that the funds are needed to provide up to an additional 20 hours per week in part time staffing.
RECOMMENDATION:
The Sheriff indicates that the challenges facing his office are primarily the result of the J&D Court workload. Because of a cost
sharing agreement which is currently in place with the City, staff believes that the County should be responsible for no more
than 50% of the Sheriffs request and that the City be approached for the remainder. If the Board concurs with this approach,
staff recommends approval of an additional appropriation of $20,000 in part-time funds to the Sheriffs operating budget.
00.180
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED ?
FUND:
PURPOSE OF APPROPRIATION:
SUPPLEMENTAL FUNDING FOR SHERIFF P/T WAGES.
NUMBER
ADDITIONAL
TRANSFER
NEW
YES
NO X
GENERAL
20033
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1000 31020 130000 SHERIFF-P/TWAGES $8,500.00
1 1000 31020 120000 SHERIFF-O/TWAGES 10,000.00
I 1000 31020 210000 SHERIFF-FICA 1,500.00
TOTAL $20,000..00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 51000 510100 GENERAL FUND BALANCE $20,000.00
TRANSFERS
TOTAL $20,000.00
REQUESTING COST CENTER: SHERIFF
APPROVALS:
DIRECTOR OFFINANCE
BOARD OF SUPERVISOR
SIGNATURE
DATE
NOV 7, 2000
410 East High Street
Charlottesville, Virginia 22902
COUNTY OF ALBEMARLE
Office of the Sheriff
Albemarle Cotmty Courthouse
Ed Robb
Sheriff
Telephone: 804-972,4001
Fax #: 804-972-4065
Wednesday, September 13, 2000
Honorable Mr. Charles Martin
Chairman
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville. Virginia 22902
Re:
Albemarle County Sheriffs request for a part time budget item.
Dear Chairman Martin:
I appreciate the fine support that has been provided to this office since January, 2000
by all Albemarle County govemment, including the Albemarle County Police Department. It is
indeed a privilege to be your sheriff.
It is also very difficult, but important that I seek funding for part time help in the
sheriffs office. Probably, I should have requested the part time funds at budget time, but I didn't.
This letter will provide an explanation of some budget matters related to this office and
at the same time it will answer the questions posed by Mr. Foley's e-mail of 9/12/00.
I asked for three deputies in the 01-02 budget to meet the security demands of the J&D
Court and transportation requirements. I also asked for the money to equip these deputies. The
basis of the request was that it requires two bailiffs with each judge and there are two judges at
all times,(four deputies). There must now be a deputy at the metal detector at all times because
of the very volatile nature of Juvenile and Domestic Relations courts. It takes at least one deputy
to handle prisoners inside the J&D Courthouse. This accounts for six deputies as a minimum
five days per week and at least 8 hours per day and sometimes more. I described the fact that the
J&D building was never intended to be a courthouse, which increases the security problems.
The Code of Virginia requires the sheriff to provide for the safety and security of
courthouses and courtrooms. I will do no less than the best job I can, and I know you would
expect no less.
COURT SECURITY:
The e-mail of Mr. Foley dated 9/12/00 asks if the number of court days have changed?
This question must be answered with the following explanation: The number of court days such
as 473 in FY97-98,478inFY98-99 and, it is uncertain the number of court days in FY99-00 but
probably around 475 since the number of days in the year does not change and we can't predict
emergency conditions such as, inclemate weather and power failures, etc.
The only proper way to address this question is to focus on man hours per day per
judge and the number of judges per week. With the recent changes in J&D judges we now have
two 8-10 hour criminal days per week, two "Children in Need of Services" and custody days per
Page 2
October 11, 2000
week, and two adult criminal dockets per week along with special cases in the off time. On the
criminal days everyone who is convicted must be fingerprinted, and transported to the Regional
Jail for DNA samples.
Practically everyday we have two or more transports to and from the juvenile detention
center at Staunton or some other location, including Fredricksburg, RDC and other locations in
Virginia. We now try_ to have two deputies on all the transports, but frequently there are not two
deputies available.
The Albemarle County Sheriffs Office has worked 1360 man days in the J&D Courts
from when I took office, 1/01/00 to 8/04/00 by 12/31/00 we will have worked 2040 days in the
J&D Courts. As an example of our needs, 2040 days of J&D Court divided by 260 work days
per year equals 7.8 deputies per day. If we then add the transports and papers generated by this
court alone it would require 10 deputies to operate the J&D Court per year. Of course, we
accomplish the tasks by using compensation time and regular overtime as well as deputies from
the other divisions of our operation and Reserve deputies who work at no cost to the county.
The question related to the changes that are driving the needs would have to be
answered by addressing complicated social changes, growth, economic factors and numerous
other reasons which would be speculative in nature. The judges of today require more security
due to the increase in violence in the court rooms nationwide. Our judges have asked for the
security and service that we are providing.
At this time compensation time must be taken which depletes our staff, overtime must
be paid which depletes our overtime budget. Part time funds are clearly a more cost effective
and better business practice than the use of comp time and or overtime during the peak
performance periods of the workweek.
As an aside, and for your information, the Sheriffs office now has monitoring; audio
and video recording equipment installed in all transport vehicles for safety and security reasons.
These installations were accomplished after the BoS made a special appropriation for that
purpose last spring.
There are up to nine thousand papers served for the J&D Court each year by
Albemarle deputies not assigned to the J&D Courtrooms.
TRANSPORTS:
It is very difficult to provide any reason for the increase in the number of transports in
FY00-01, you will need to draw your own conclusions. I will provide the facts. As of 8/04/00
the Albemarle County Sheriffs Office has made 1044 trips out of town and traveled 58,896 miles
plus 1049 Detention Home trips and 28,677 miles. The numbers available to me from my
predecessor reflect 328 out of town trips in FY97-98, and 332 out of town trips in FY98-99. I
can't explain the difference, but do feel our new and computerized system of accounting is
accurate and better than the previous handwritten system. The old system did not reflect out of
town mileage, so I can not provide that information to illustrate the mileage increase and
difference.
SERVING WRITS AND WARRANTS:
In FY 97-98 there were 18,000 civil paper and 346 warrants served, in FY 98-99 there
were 17,375 civil paper and 503 warrants served, according to the records of my predecessor. I
believe there was probably another 20% with multi attempts to serve, but I do not know this. As
of 9/18/00 the Albemarle County Sheriffs Office has handled and served or attempted to serve
20,900 civil paper and warrants, with three month remaining in the year I am projecting we will
serve 27,867 civil papers and 300 criminal warrants by years end. Plus another 10% for attempts
Page 3
October 11, 2000
and multi-service tries. The current record keeping system may well account for the counting
differences.
GENERAL QUESTIONS:
· No, I have not requested any funding from the city.
· I do not expect the part time deputies to impact my space requirements.
· The Albemarle County Sheriffs Reserve Division provides 4 hours donated time by each
Reserve deputy each month. This helps meet the present needs but does not do it.
· The "Scottsville deputy" is being fully utilized to meet the increased needs of the office.
· The new programs I have established are all volunteer and have not led to the need for
additional funding. New safety and security procedures have increased the need for funds as
I have partially noted above.
Highest regards,
ESR/esr
Cc:
Mr. Lindsay Dorrier
Mrs. Sally Thomas
Mr. David Bowerman
Mr. Walter Perkins
Mrs. Charlotte Humphries
Mr. Robert Tucker
Mr. Tomas Foley
EdRobb
ALBEMARLE COUNTY PUBLIC SCHOOLS
Office of the School Board
401 McIntire Road
Charlottesville, Virginia 22902-4596
October 17, 2000
Mr. Charles Martin, Chairman
Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Dear Mr. Martin:
During the past few weeks, you and I have spoken about the School Board making a
specific request concerning the use of approximately $5.5 million in the Fund Balance.
At its Octoberl2 meeting, the School Board discussed this issue. The following requests
total $3,575,000, or about 65% of the $5.5 million available. I emphasize that none of
these areas are new ones; they are all areas that the School Board has discussed with the
Board of Supervisors many times over the past several years.
Based on this discussion, the School Board is formally requesting the Board of
Supervisors to consider the following requests:
$400,000 for maintenance projects - Because of critical building needs, a number of
equally critical maintenance projects have been delayed. $400,000 would fund
projects requested in the Capital Improvements Program (CIP) for FY 2001-02. The
School Board believes it is essential to keep up with maintenance projects-in order to
protect the investment that has already been made by the Board of Supervisors for the
outstanding facilities we now have.
$430,000 for school bus purchase - As we have discussed previously with the Board
of Supervisors, bus replacement is an ongoing issue, although significant effort has
been made to reduce bus replacement and overall transportation costs. To maintain
the current replacement cycle during FY 2001-2002 will require approximately
$845,000, or about $411,000 more than in the current fiscal year. This need will
increase to approximately $1.5 million in FY 2005-2006. Any funding that can be
provided for bus replacement now will lessen the impact on future operating budgets.
$245,000 for textbook purchase - This funding would enable the School Division to
purchase Language Arts and Health books that were scheduled for replacement in FY
2000-01 but not purchased because of funding limitations. Additionally, based on
state requirements and the Division's recently aligned Middle School Social Studies
Standards of Learning (SOLs) related curriculum, we need to purchase more
textbooks.
Expect Success"
$1.3 million for Capital Reserve for School Division Projects - This is essentially the
same amount that Mr. Tucker recommended for the School Division. The School
Board recognizes the need to maintain such a Reserve, especially in a very volatile
construction bid environment.
$1.2 million for land banking - The School Board believes that land banking is
essential to meeting future needs. The difficulty encountered in procuring a site for
the Northern Elementary School strongly underscores this need.
The School Board is deeply appreciative of the support the Board of Supervisors has
provided for the School Division. I hope that you and the rest of the Supervisors will
strongly consider this request.
Please contact the School Board Clerk's office at 972-4055 if you require additional
information.
Sincerely,
Chairman
Albemarle County School Board
Kevin Casther, Superintendent
Robert Tucker, County Executive
Frank Morgan, Assistant Superintendent for Support Services
...... "?' OF SUPERV
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 -4012
October 11, 2000
Mark Spicer
Albemarle County Fire & Rescue
401 Mclntire Road
Charlottesville, VA 22902
RE:
SP~2000-39 Monticello Fire & Rescue
Tax Map 91, Parcel 2E
Dear Mr. Spicer:
The Albemarle County Planning Commission, at its meeting on October 3, 2000, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note
that this approval is subject to the following conditions:
Development of the site shall be in general accord with the concept plan entitled,
"County of Albemarle Fire and Rescue Station No. 11 ", dated September 15, 2000.
Specific items for conformity include access from the "Future Access Road (to South)";
parking on the side and to the rear of the building; screening of the property to the east;
and provision of interconnections to adjoining properties. In site plan development and
review, consideration shall be given to orienting the building closer to and parallel to the
"Future Access Road (to South)", to create a more urban appearance of the facility.
Consideration shall also be given to adjusting the apparatus bays to be set back further
than the front fa(~ade of the operational facility. ~:
A screening buffer of dense evergreen vegetation shall be prOVided between the
proposed ddveway adjacent to the Kimco property to mitigate visual impacts and noise
impacts on the adjoihing parcel.
Such subordinate uses and fund-raising activities as bingo, raffles and auctions shall be
conducted in an enclosed building only. No such activity shall be conducted between
11:00 p.m. and 8:00 a.m·
All outdoor lighting shall be arranged or shielded to reflect light away from adjoining
residential districts and away from adjacent streets. (This is in addition to Section 4.17,
Lighting.)
Access to the facility shall be provided as either a private driveway or a public road. If a
private driveway is to be used, it shall be located in the area shown as the "Future
Access Road (to South). It shall have, at a minimum, a 4 foot asphalt pedestrian path
provided along the east side of the drive, extending up the driveway up to the first
Page 2
October 11, 2000
parking space. A private driveway may be used until such time as a subdivision plat or
site plan for the adjacent (Kimco) property is approved. At that time, a public road shall
be constructed as an urban cross section with sidewalks and street trees.
Where regrading of slopes is required to create the building and parking pads, .the
applicant shall minimize use of 2:1 slopes. Where 2:1 slopes are to be. used,
landscaping shall be employed to enhance the appearance, stability, and maintenance
of these slopes.
The preliminary site plan shall be reviewed by the Planning Commission.
Please be advised that the Aibemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on October 18, 2000. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
The Commission also noted the following stipulations for the preliminary site plan:
Provision of legible drawings including topography.
Orientation of buildings orthagonally with Monticello High School.
Placement of facility close enough to Mill Creek Drive so that a high retaining wall is not
necessary.
Planning Commission review of site plan.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Elaine K. EchoIs, AICP
Principal Planner
EKE/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
Bob Ball
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
ELAINE K. ECHOLS, AICP
OCTOBER 3, 2000
OCTOBER 18, 2000
Revised October 5, 2000
SP 00-039 Monticello Fire and Rescue Station
Applicant's Proposal: Albemarle County proposes to build a new Fire and Rescue-Station .across the street
from Monticello High School in the southern end of the County's Development Areas. The facility would
be approximately 8100 square feet for the offices, operation and housing with two _apparatus bays of
approximately 6000 square feet. The station is expected to be staffed 24 hours a day by crews of up to 8
persons. Four emergency response vehicles are planned for this station.
The applicant has pointed out that this facility would be unique in the County.' While most fire stations in
the County are owned and operated by volunteers, this one would be County-owned and operated. The
County does anticipate some volunteer staffing and public functions, such as educational programs. Fund
raising is not anticipated as a major activity at the station. A concept plan entitled, "County of Albemarle
Fire and Rescue Station No. 11" dated September 15, 2000 is shown as Attachment A.
Petition: The petition is for a special use permit to allow a public fire/rescue station in accordance with
Section 18.2.2(3) of the Zoning Ordinance which allows for fire and rescue stations in R-15 Zoning'
Districts. The property, described as Tax Map 91, Parcel 2E, contains 13 acres (the proposal is located on
approximately 4 acres of the 13-acre total). It is located in the Scottsville Magisterial District on the south
side of Mill Creek Drive (Rome 1150), across from the Monticello High School football field. The property
is zoned R-15, Residential. The Comprehensive Plan designates this property for Institutional use in
Development Area Neighborhood 4. A vicinity map showing the property in relation to surrounding
properties is shown as Attachment B. Attachment C highlights the property on the Tax Parcel Map.
Character of the Area: The area surrounding the fire station on the south side of Mill Creek Drive is
largely undeveloped, wooded, and hilly. Nearby and surrounding uses are schools, apartments, and a
shopping center.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and
the Zoning Ordinance and recommends approval of the special use permit with conditions.
Plannin~ and Zonin~ History: The property has no subdivision or zoning history.
Comprehensive Plan: The Comprehensive Plan shows this area as Institutional in Neighborhood 4.
Recommended Institutional uses include the following activities:
· Public and private schools, universities and colleges, and ancillary facilities such as the University of
Virginia' s Birdwood golf come and polo grounds
· Public facilities and utilities, including police, fire and rescue stations, libraries, solid waste facilities,
and major public water and sewer facilities
Undeveloped land reserved or dedicated to future public use
In the text describing Neighborhood 4, the following statements are made:
· A joint fire and rescue station is needed in the area to reduce response times. This need will continue to
increase with the construction of the new high school as well as continued residential development.
· Recommendation: Locate a joint fire/rescue station in or near Neighborhood 4 to reduce response times
and increase fire fighting and rescue capabilities. The location of a fire/rescue station at the Monticello
High School site has been determined to be consistent with the Comprehensive Plan.
Staff has analyzed this proposal for conformity with other sections of the CompiSehensive Plan. For
informational purposes, and at the request of the Board of Supervisors, staff is assessing development
proposals for relationships with the 12 principles of the Neighborhood Model that were endorsed at the
Board of Supervisors meeting on May 3, 2000. These principles are identified below and highlighted
within this section for context within the Land Use Plan. The 12 principles of the Neighborhood Model are
as follows:
· Pedestrian Orientation
· Neighborhood Friendly Streets and Paths
· Interconnected Streets and Transportation Networks
· Parks and Open Space
· Neighborhood Centers
· Buildings andSpaces of Human Scale
· Relegated Parking
· Mixture of Uses
· Mixture of Housing Types and Affordability
· Redevelopmerit Rather than Abandonment
· Site Planning that Respects Terrain
· Clear Edges
Land Use Standards for Designated Development Areas (General Land Use Standards pp. 20 - 22)
Development should be concentrated and clustered to protect environmental features. (Parks and Open
Space; Site Planning that Respects Terrain) The site is a gently rolling parcel with some trees. Few
steeply sloping areas exist on this part of the 13-acre site. No critical slopes waivers appear to be necessary
for this proposal.
Maintain existingforested areas acting as buffers between subdivisions. All of the land surrounding the
proposed fire station is undeveloped.
Limit access points to minimize the impact of development on major roads. A new public road is proposed
to provide access to this site and .to the Kimco property to the south. Staff recommends that this new public
road be an urban cross section with curb, gutter, street trees, and sidewalks.
A sense of community should be maximized byproviding connections between developments; such
connections may provide for additional recreational facilities, increased open space area,
bicycle/pedestrian links, improved public transit, emergency access, and access to schools, parks,'and other
public facilities. (Pedestrian Access and Interconnected Streets and Transportation Networks) The
roadway using the urban cross section should extend to at least the second driveway near the southern
property line. It is proposed to provide access to the property to the south and west. A driveway or parking
lot connection is also shown to the east.
Provide for ultimate future transportation improvements and new road locations through the reservation of
adequate right-of-way and by designing and constructing utilities in a manner consistent with planned
transportation improvements, including auto, bus, bicycle, and pedestrian modes. (Pedestrian Access and
Interconnected Streets and Transportation Networks) Future cormections are planned with this
development. With construction of this Fire Station, staff recommends that sidewalks extend along the new
access road to at least the second driveway near the southern property line on the east side of the street.
Underground utilities shouM be provided in new developments. The developmeni does and will provide
underground utilities.
Features to prevent impact from impervious surfaces on water quality shouM be provided. BMP's will be
required on-site with the site plan for this development. Stormwater management will be accommodated in
the detention facility across the street.
Building orientation should be to public streets; parking areas do not need to be located exclusively in front
of buildings. (Buildings and Spaces of Human Scale; Relegated Parking) The proposed building will be
set back approximately 160 feet from the road with a green lawn. To provide a more urban appearance, the
building could be shifted forward with the apparatus bays staying behind the plane established by the front
of the office/operational building. Parking is shown on the side and at the back of the building. Screening
and landscaping between the parking area and Mill Creek Drive will be required with the site plan.
F/here site illumination is proposed, down-directed and shielded lights should be used. Lighting will be
required to conform to the County's lighting ordinance.
Historic buildings should be adaptively reused. (Redevelopment rather than Abandonment) No historic
buildings exist on the property.
Specific Standards for Residential, Commercial and Industrial Land Uses (Residential Densities and
Relationships to Other Land Uses; Residential Development Design, pp. 22-23)
In rezoning deliberations, the county should be mindful of the intent to encourage in~ll development,
contain most future growth within the designated Development Areas, and avoid rural development
pressure. Unless contrary to matters of public health and safety, residential rezoning to the upper end of
the Comprehensive Plan recommended land use density ranges shouM be favored even if the density exceeds
that of surrounding developments..With this special use permit, urban services are provided within the
Development Areas rather than ol~tside the Development Areas.
Maintenance of the integrity of residential areas should be accomplished using buffering, screening, and
physical separation of adjacent nonresidential uses. Though not proposed, buffering and screening is
3
needed to help mitigate the noise and appearance impacts of the Fire Station adjacent to future residential
used to achieve compatibility.]
For larger developments, layout and design should provide for varying building orientation and setback,
dwelling unit type, fagade treatment, and lot size to avoid repetitiveness. Open space should be employed as
a design feature to establish and define smaller neighborhood areas within the larger developments. The
PRD/PUD approach is particularly applicable for larger developments. (Buildings and Spaces of Human
Scale) The building orientation could be improved in this ease by that places the bulldi'ng closer to the road
and set the apparatus bay back behind the plane established by the front of the building.
EnSineerint, Analysis: The County's Engineering staff has reviewed this request for engineering issues
related to health, safety, and welfare requirements. They view this proposal as being in conformity with the
Master Plan for the school area and support the provision of an urban cross section of road at this location.
Zonint, Considerations: Zoning has suggested conditions relative to lighting and setbacks/screening to the
adjacent residential site. A site plan will follow this application if the special use permit is approve&
STAFF COMMENT:
Staff will address each provision of Section 3 1.2.4.1 of the Zoning Ordinance below:
The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted
hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property.
With a fire station, noise, lights, and traffic flow can have a detrimental effect on adjacent properties. With
this proposal, the driveway locations should help manage emergency traffic flow in a positive manner near
the school. With regards to noise and lights, though, there is little screening to either minimize the
disruptive nature of flashing lights or to help absorb some of the noise generated by sirens. An increased
setback for the driveway next to the Kimco property plus a dense evergreen screening around the perimeter
of the facility should help reduce the noise and lighting impacts on the adjacent property.
that the character of the district will not be changed thereby,
The character of the area will be changed with this use. Currently, the property and its surrounding area is
undeveloped. The property was purchased by the County with a complex for County services in mind. As
this area is developing, the character of the district will change; however, this change is viewed as being in
accordance with the Comprehensive Plan.
and that such use will be in harmony with the purpose and intent of this ordinance.
The R-15 zoning district was creited to establish a zone for compact, high-density residential development
that permits a variety of housing types and support services. This use is viewed to be in harmony with the
purpose and intent of the zoning district by providing supporting fire and rescue services to the nearby
4
residential and non-residential uses.
with the uses permitted by right in the district.
By-right uses in the R-15 district are single family dwellings, duplexes, and multi-family dwelling. Other
special uses are community centers, athletic facilities, hospitals, churches, retail uses, and day care centers.
This use is supportive of the uses permitted by-right and special use in the R-15 district.
with additional regulations provided in Section 5. 0 of this ordinance.
Section 5.1.09 of the Zoning Ordinance deals with volunteer Fire, Ambulance, and ReScue Squad Stations
(volunteer). As there will be volunteer activities at the station, staff is ~reviewing this request for conformity
with Secaon 5. 1.09 of the Zoning Ordinance. The regulations orS. 1.09 area as follows:
a. Any such use seekingpublic funding shah be reviewed by the Commission in accordance with
Section 31.2.5. (of the Zoning Ordinance). Specifically, the Commission shaH find that the
proposed service area is not already adequately served by another facility. In addition, the
Commission shah consider: growth for the area; relationship to centers of populaaon and to
high-value property concentrations; and access to and adequacy of public roads in the area for
such use. The Commission may request recommendation from the Albemarle County fire official
and other appropriate agencies in its review.
Such subordinate uses andfund-raising activities as bingo, raffles and auctions shah be
conducted in an enclosed building only. No such activity shah be conducted between l l :OO p. m.
and 8:00 a.m.
Section 31.2. 5 of the Zoning Ordinance requires that, before approval of any proposed public street, park,
structure, public utility, public building, or public service corporation, the Commission must certi~ the use
as substantially in accord with the adopted Comprehensive Plan. Other review criteria are shown in (a.)
above.
In 1995, the Planning Commission reviewed a request that a County complex in this general location be
found in conformity with the Comprehensive Plan [the "456 Review '7. Staff found that, in order to achieve
an average response time to fire emergency calls of ~ve minutes or less in the Development Areas and
thirteen minutes or less in the Rural Areas, the new fire station was needed. The location of the site was in
keeping with the recommendations of the service facilities standards for direct access to a collector road
located within a half mile of an arterial road. Additionally, the size of the facility met the facilities
standards goals for joint ~re and rescue facilities.
The Planning Commission found that the proposed Route 20/Avon Connector, Monticello High School
District Park, Pool Facility and Fire/Rescue Station in this general location was in conformity with the
Comprehensive Plan in 1995. Staff believes that the proposal continues to be in conformity with the
Comprehensive Plan. Proposed p. ublic roads provide access to the facility and staff recommends an urban
cross-section of road with street trees serve the new facility. Staff also recommends that (b.) above be
included as a condition of approval of the special use permit.
5
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community require that a fire and rescue facility be
located in this part of the County. The Comprehensive Plan supports the location of this facility.
SUMMARY:
Staff has identified the following factors, which are favorable to this request:
The Land Use Plan explicitly identifies the need for a fire and rescue station in this location to
support this urban area in the County.
A concept plan showing improvements to the site and specifically how ingress and egress will be
provided for emergency vehicles indicates that the property can be developed in a way that provides
for safe traffic flow around the site
Staff has identified the following factors, which shotrid be addressed in this request:
Additional setback and screening from the adjoining residentially zoned property is needed to further
protect future uses.
Pedestrian access is needed through the property along the access road that will connect to the
adjoining property.
RECOMMENDED ACTION ' ·
Staff finds the use to be in general conformity with the Comprehensive Plan and recommends approval with
the following conditions:
,
3.
4.
5.
Development of the site shall be in general accord with the concept plan entitled, "County of
Albemarle Fire and Rescue Station No. 11", dated September 15, 2000. Specific items for
conformity include access from the "Future Access Road (to South)"; parking on the side and to the
rear of the building; screening of the property to the east; and provision of interconnections to
adjoining properties. In site plan development and review, consideration shall be given to orienting
the building closer to and parallel to the "Future Access Road (to South)", to create a more urban
appearance of the facility. Consideration shall also be given to adjusting the apparatus bays to be set
back further than the front fagade of the operational facility.
A screening buffer of dense evergreen vegetation shall be provided between the proposed driveway
adjacent to the Kimco property to mitigate visual impacts and noise impacts on the adjoining parcel.
Such subordinate uses and fund-raising activities as bingo~ raffles and auctions shall be conducted in
an enclosed building only. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m.
All outdoor lighting shall be arranged or shielded to reflect light away from adjoining residential
districts and away from adjacent streets. (This is in addition to Section 4.17, Lighting.)
Access to the facility shall be provided as either a private driveway or a public road. If a
private driveway is to be. used, it shall be located in the area shown as the "Future Access
Road (to South). It shall have, at a minimum, a 4 foot asphalt pedestrian path provided along
the east side of the drive, extending up the driveway up to the first parking space. A private
driveway may be used' until such time as a subdivision plat or site plan for the adjacent
CKimco) property is approved. At that time, a public road shall be constructed as an urban
cross section with sidewalks and street trees.
Where regrading of slopes is required to ereate the building and parking pads, the applicant shall
minimize use of 2: l slopes. Where 2:1 slopes are to be used, landscaping shall be empl0yed to
enhance the appearance, stability, and maintenance of these slopes.
ATTACHMENTS:
A. Concept Plan
B. Vicinity Map
C. Tax Parcel Map
tqmco ~.E~r~'
ATTACHMENT A
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SECTI ON
COUNTY O1~ ALBENIARLE
Department of Planning & Community Development
401 M¢Intire Road, Room 218
Charlottesville. Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4012
October 11, 2000
Orient Express Hotels, Inc
C/o Dean P. Andrews, Vice-President
C/o Charleston Place
130 Market Street
Charleston, SC 29401
RE: ZTA-99-07 Keswick
Dear Mr. Andrews:
The Albemarle County Planning Commission, at its meeting on October 3, 2000, unanimously recommended
approval of ZTA-99-07 with language as presented by the Assistant County Attorney. Enclosed you will find a
revised staff report which includes this language.
The Board of Supervisors will review this petition and receive public comment at their meeting on October 18,
2000. The meeting begins at 7:00 p.m., Meeting Room #24 I, Second Floor, County Office Building, 401 Mclntire
Road, Charlottesville, Virginia. You will receive a copy of the staff report and tentative agenda one-week prior to
the Planning Commission meeting. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT THIS
MEETING.
If you have any questions, please do not hesitate to contact me.
Sincerely.
jan~McDowell/~Z'C
Senior Planner
JMD/jcf
Cc: Ella Carey
Amelia McCulley
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JOAN D. McDOWELL
OCTOBER 3, 2000
OCTOBER 11t, 2000
ZTA 99-07 TO AMEND SECTION 10.2.2.27 TO EXPAND SPECIAL
USE PERMITS IN RA, RURAL AREA DISTRICTS TO ALLOW THE
EXPANSION OF INNS AND RESTAURANTS
BACKGROUND: After expressing concerns regarding potential county-wide impacts
and inconsistency with the Comprehensive Plan, on July 11, 2000, the Planning
Commission approved an indefinite deferral of a Resolution of Intent for ZTA 99-07 by a
vote of 4-3. Also, at that time, the Commission requested consideration of the proposed
land uses with the future Comprehensive Plan revisi6n for the Rural Area. At this time,
review of the Comprehensive Plan .revision has begun and staff plans to start Planning
Commission workshops before the end of this year to discuss land uses in the Rural
Areas.
On August 9, 2000, the Board of Supervisors adopted a Resolution of Intent to amend
Section 10.2.2.27 of the Zoning Ordinance and resolved that the Planning Commission
hold a public hearing on the text amendment and present its recommendation to the
Board within sixty days of the adoption of the resolution.
REVISED AMENDMENT: On September 21, 2000, the applicant's attorney forwarded
the attached copy of a revised text amendment. The purpose of the revised text is to
eliminate any other property within the County of Albemarle from being eligible to
qualify under the provisions of the amendment. The original request remains unchanged.
Discussion of the amendment can be found in the attached staff report. Staff maintains a
concern regarding the extent of the proposed expansion would have on the Rural Area.
COMPREHENSIVE PLAN: With exclusionary language entitling restaurants and inns
that have been served, as of January 1, 2000, by a privately owned water distribution
system permitted by the Virginia Department of Health and a sewer treatment plant
monitored by the Virginia Department of Environmental Quality, the proposed
amendment would allow expansions of up to seventy five rooms or 1.6 times the number
of guest rooms which is lesser and expand or enlarge uses and amenities.
However, the exclusion of other properties qualifying for expansion under the text
amendment would not eliminate conflicts the proposed text amendment has with the
Comprehensive Plan. The concerns expressed in the attached staff report, presented at the
June 27, 2000, meeting, regarding impacts of the proposed business expansion has on
public services, roads, natural environment and surrounding areas could potentially place
greater pressure to provide a greater demand for police, fire, and rescue services to the
ZTA 99-07 1
Rural Area remain unresolved. Further, the proposed business expansion would not
conserve, promote, or protect the agricultural and forestry resources given the highest
priority in the Growth Management Policy of the Plan.
As stated earlier, the Rural Area section of the Comprehensive Plan is currently
undergoing review. Before discussion of revisions to the Comprehensive Plan can occur,
the proposed text amendment would have the effect of incrementally determining
additional suitable land uses that are contrary to current goals and objectives.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission
recommend disapproval of ZTA 00-07 to the Board of Supervisors, based on its
inconsistency with the Comprehensive Plan.
{Should the Planning Commission or Board of Supervisors support the proposed text
amendment, an ordinance (Attachment D) has been prepared by the County Attorney's
office, incorporating the applicant's proposed text amendment in the ordinance format.
ATTACHMENTS:
/~:
B.
C.
D.
E.
Minutes -- Planning Commission June 27, 2000 and July 11, 2000/
Resolution of Intent
Zoning Text Amendment -- Applicant
Zoning Text Amendment -- County of Albemarle
ZTA 00-07 Staff Report (June 27, 2000, Planning Commission Hearing Date)
ZTA 99-07 2
ATTACHMENT B
RESOLUTION OF INTENT
WHEREAS, the Zoning Ordinance establishes the regulations applicable to the Rural Areas
zoning distdct in Albemade County, and Section 10.2.2.27 allows restaurants and inns to be located
within an historic landmark by special use permit if the structure was previously used as a restaurant,
tavern or inn; and
WHEREAS, it is desired to amend Section 10.2.2.27 to allow nonconforming restaurants, inns
and hotels in the Rural Areas, not located within an historic landmark, to reconstruct, structurally alter,
extend and enlarge their facilities by special use permit, subject to limitations by regulation and special
use permit conditions pertaining to the extent of such reconstruction, structural alterations, extensions or
enlargements.
NOW. THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a
resolution of intent to amend Section 10.2.2.27 of the Zoning Ordinance as described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this
zoning text amendment and will present its recommendations to the Board of Supervisors within sixty
days of the date of adoption of this resolution.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of the
Resolution duly adopted by the Board of County Supervisors of Albemarle .,County~y a vote~
zero on August 9, 2000. j~C//,~/,~.,' /
.... ' oard of Supervisors
~...
.REC2 VED
.3OMMUNtTY DEVELOPMP--N1
15
2i
Sep 66
ATTACHMENT C
HIRSCtILER, FLEISCHER, W .ISBERG, COx & ALIIN
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAY M. BrEINBERG
tUCT-IMOND
(804) "T1-9533
E-~/.A. IL ADDRESS:
JmweinbergC..i!h ewes.corn
MAr/iNG ADDRES&
P.O. BOX ~
RICEVIOND. VIRGr~A 232184B00
YREDiiRICKSIVURG OFF/CE
606WILLIA.M b"TREE
FREDERICKSBURG, VA 121Y1-574
TiiILEPHONE: (540~ 372,-351
FACSi'VIILE: 640~ 3'12-394
Septe~nber 2 1. 2000
Ms: Joan McDowel]
Departn~ent of Planning
& Community Dex:elopment
County of :Mbenaarle
40 1 McIntire Road
Charlottesxdlle. Virginia 22902
RE: Zoning Text A_mendn~ent for Keswick Hall
Dear Joan:
In accordance with our telephone conversation earlier this week. please find
enclosed a slightly re~dsed draft of the Zoning Text An~endn~ent in connection with
the above-mentioned matter. The only changes which I have made are shown
Italicized on the highlighted copy and I ha~:e also enclosed a smooth copy for your
files. These changes do nothing more than tighten up the requirements for being
eligible for apply for a Special Use Permit in a Rural Area.
Again. I look forward to hearing from you regaincling any changes being
requested by Staff and would be pleased to meet with you and other men~bers of
Staff to review this matter prior to its con~ing before the Planning Commission on
October 3. I trust I will hear from you.
With highest respect and personal regards. I renaain
Sincerely yours,
Jay M. lVeinberg
J~iX'V/sbp
Signature(s, on FacMmile Cop),, are Computer Generated
BB 14:80 BE!4.6+,m, .895? -> 1-8EM,-9?Z-401Z HFUC&fi
EXHIBIT A
Proposed Amendment to Ordinance
To Allow Special Use Permi~ in RA District
~anend Section 10.2.2(27) of the Zoning Ozdinance as follows:
] 0.2.2 BY SPECIAL USE PER~XIIT
27. Rest. auzants and i~ns that. either:
6) are located within an historic landn~ark as designated in the
con~prehensive plan provided such stz'ucture has been used as a
restaurant, tavern or inn: jn such case the structure shall be
restozed as faithfully as possible to the architectural character of
the period and shall be maintained consistent. therewith; ...Or.
(ii) were legal uses at the time they were constructed ~and arc}.
and were. as of January I, 2000. served bv a privately owned
water dist.ribution system ~,and ,~perrnitted by the Virginia
Department of Health and a sewer treatment ~lant ~which is in
cxistcnec on thc datc of thc adoption of this ordinanec
arncndn~cnt] monitored b~ the Virzinia Department of
Entironrnental Ouality: in which case. the number of additional
guest rooms or suites in any ex-pansion or enlargement of the
facility shall be limited to the lesser of
(a) seventy-five ('75) additional rooxns or suites. or
2I Sela 88 1,~ :08 FIB4.64~ .8957 -> 1-804-972-4012 !tFgC,~A Pg 885
(b) an addition of 1.6 tfiues the nun~ber of Suest rooms
or suites ]egall,v existing as of the dat.e of the
adoption of tlfis ordinance ea~ench~ent,
a~ d uses and amenities incidental an d related thereto.
-"~n-'~R'~ ~,-'> a.o
18
7:-I Sel~ OB 14:61 IEIB4,644,095'7 -> 1-B!;14-972-401Z HFtll:tit:t ~ ~g*~
EXHIBIT A
Proposed Amendment to Ordinance
To Allow Special Use Permit in RA District
~xnend Section 10.2.2(27) of the Zoning Ordinance as follows:
10.2.'2 BY SPECI,~L USE PER;X~IT
27. Restaurants and inns that either:
(i) are located within an historic landmark as designated in the
comprehensi<;e plan provided such structure has been used as a
restam-ant, tavern or inn: in such case the structure shall be
restored as faithfully as possible to the architectural character of
the period and shall be maintained consistent therewith: 0.r
(ii) were legal uses at the time they were constructed, and were.
as of JanuaB- 1. 2000, served by a privately owned water
distribution system permitted by the Virsillia Department of
Health and a sewer treatment plant monitored by the Virginia
Department of Environmental Quality: in which.case. the
number of additional guest rooms or suites in any expansion or
enlargement of the facility shall be lix~nited to the lesser of-
(a) sevent~'-fix;e (75) additional roon~s or suites, or
(b) an addition of 1.6 times the number of ~uest rooms
or suites legally existin~ as of the date of the
adoption of this ordinance amendment.
~202879 v.4 21740.02001
09121/2000 1:55
ORDINANCE NO. 00-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of AIbemade, Virginia, that Chapter 18,
Zoning, Article III, Distdct Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 10.2.2
Sec. 10.2.2
1.
2.
3.
4.
5.
6.
By special use permit.
Chapter 18. Zoning
Article III. District Regulations
By special use permit.
Community canter (referenca 5.1.04).
Clubs, lodges, civic, patriotic, fratemal (referenca 5.1.02).
Fire and rescue squad stations (referenca 5.1.09).
Swim, golf, tennis or similar athletic facilities (referenca 5.1.16).
Pdvate schools.
Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenancas, unmanned telephone exchange canters; micro-
wave and radio-wave transmission and relay towers, substations and appurtenances.
7. Day care, child care or nursery facility (referenca 5.1.06).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. (Repealed 3-15-95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (referenca 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section 15.1-
486.2 of the Code (referenca 5.1.07).
16. (Repealed 11-15-95)
17. Commercial kennel (referenca 5.1.11 and subject to performanca standards in 4.14).
18. Veterinary servicas, animal hospital (referenca 5.1.11 and subject to performanca standards
in 4.14).
19. Pdvate airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store.
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24, (Repealed 11-8-89)
25. Flood control dams and impoundments.
26, (Repealed 11-8-89)
27, Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
(i) the structure has been used as a restaurant, tavem or inn; and (ii) the structure shall
be restored as faithfully as possible to the architectural character of the period and shall
be maintained consistent therewith; or
b. Nonconforming uses, provided the restaurant or inn is sewed by existing water and
sewerage systems having adequate capacity for both the existing and proposed uses
and facilities without expansion of either system. (Amended 11-8-89; 10-18-00)
28. Divisions of land as provided in section 10.5.
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.
31. Home occupation, Class B (reference 5.2).
32. Cemetery.
33, Crematodum.
34. Multi-crypt mausoleum.
35. Chumh building and adjunct cemetery.
36. Gift, craft and antique shops.
37. Public garage. (Added 3-18-81)
38. Exploratory drilling. (Added 2-10-82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82)
40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83)
41. Convent, Monastery (reference 5.1.29). (Added 1-1-87)
42. Temporary events sponsored by local nonproffi organizations which are related to, and
supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87)
43. Agdculturel Museum (reference 5.1.30). (Added 12-2-87)
44. Theatre, outdoor dram. (Added 6-10-92)
45. Farm sales (reference 5.1.35). (Added 10-11-95)
46. Off-site parking for histodc structures or sites (reference 5.1.38) or off-site employee parking
for an industrial use in an industrial zoning district (reference 5.1,39).
47. Animal shelter (reference 5.1.11). (Added 6-16-99).
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supen~isors of Albemade County, Virginia, by a vote of 6 to 0, as recorded
below, at a regular meeting held on October 18, 2000.
Clerk, Board of ~_,~unty su~r~~~
Mr. Bowerman
Mr. Dorder
Ms. Humphds
Mr. Martjn
Mr.~Perkb~
Ms. Tl~0mas
Aye Nay
X
ATTACHMENT E
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JOAN D. MeDOWELL
JUNE 27, 2000
AUGUST 16, 2000
ZTA 99-07 TO AMEND SECTION 10.2.2.27 TO EXPAND SPECIAL USE
PERMITS IN RA, RURAL AREA DISTRICTS TO ALLOW THE EXPANSION
OF INNS AND RESTARUANTS
Resolution of Intent: The proposed text amendment to Section 10.2.2.27, Restaurants
and Inns, is brought before the Commission in a work session, in order for the
Commission to determine the merits of the proposed amendment. If the Commission
determine that the amendment should be pursued, a Resolution of Intent will be available
at the meeting for adoption and the text amendment will be considered at a scheduled
public hearing.
Oril~in and Description of Request: Mr. Dean P. Andrews, Vice-President of Orient-
Express Hotels, Inc. the current owner of the Inn at Keswick, has requested that the
Zoning Ordinance be amended to allow restaurants and inns that are not located within
historic landmarks, as designated in the Comprehensive Plan, expansions subject to a
· special use permits. The amendment would permit up to seventy-five additional rooms
or suites and the addition or expansion of uses and amenities related to the principal use.
The ordinance amendment application is intended to provide Keswick Inn with the ability
to expand its accommodations and services. Currently, under the existing zoning
ordinance, Keswick has been unable to expand, since becoming a nonconforming use
after special use permits for inns not within historic landmarks was removed in 1989.
However, it should be understood that the Ordinance amendment would not be restricted
to the applicant's property. A discussion of the potential affects on other properties in the
County is discussed later in this report.
Prooosed Text and Justification: The applicant proposed the following changes to the
Ordinance. The additions proposed with this text amendment application have been
underlined.
10.2.2
BY SPECIAL USE PER~MT
27. Restaurants and inns that either:
(ii)
are located within an historic landmark as designated in the
comprehensive plan provided such structure has been used as
a restaurant, tavern or inn: in such case the structure shall be
restored as faithfully as possible to the architectural character
of the period and shall be maintained consistent therewith; or
were le..aal uses at the time thev were constructed: in which
case, any expansion or enlargement of the facilitv shall be
25
limited to amaximum of seventy-five (75) additional rooms or
suites and useS and amenities incidental and related thereto.
The applicant as justification for this request offers the following .statement:
This request for a Zoning Text Amendment is submitted on behalf of Orient-
Express Hotels, Inc. (Orient-Express), which recently acquired Keswick Hall
and which manages Keswick Club. OrientLExpress operates world-class
hotels and wishes to enhance Keswick Hall and the Keswick Club in order to
better serve the residents of Albemarle County and the business community.
Keswick hall was legally constructed and is currently lawfully operated but an
intervening change in the Zoning Ordinance prohibits it from seeking a
Special Use Permit. Therefore, it is precluded from expanding, modernizing
and enhancing its luxury facilities and amenities~
Accordingly, the Ordinance Amendment attached as Exhibit A [provided in
the previous section of this report] will enable Orient-Express to request a
Special Use Permit Amendment in order to increase the number of rooms or
suites from the currently existing forty-eight (48) units to an aggregate of
approximately one hundred twenty three (123) units, as well as enabling it to
modernize and enhance its many luxury features and amenities, all of which
we believe is essential to the continued economic viability of this world-class
facility. :
Background: In 1989, following a workshop and a public hearing, the Board of
Supervisors adopted major changes to the Rural Areas District (See. 10) of the Zoning
Ordinance (ZTA-89-13, Attachment A), in order to bring the Zoning Ordinance into
compliance with the Comprehensive Plan.: Among the changes, motels, inns and
restaurants located on or adjacent to motel premises Were eliminated from consideration
under a special use permit application. Where previously only restaurants located with a
historic landmark designation could be considered under the special use permit process,
an addition was made to include inns for consideration.
A recent application, ZTA-99-06 Althea Hurt, proposed a text amendment to allow
events, such as weddings, under the Tourist Lodging use in Section 5 (Supplemental
Regulations of the Zoning Ordinance). The significance of this previous application to
the Keswick proposal is that the Commission approved an indefinite deferral of ZTA-99-
06 until the Rural Area portion of the Comprehensive Plan could be reviewed and
completed, particularly as it pertains to uses permitted in the Rural Areas. The deferral
decision was based on the appropriatenesS: of examining policy implications and
directions before making incremental changes .to, the Zoning Ordinance.
Comprehensive Plan: The Comp~iefi~:~P~i~ph~iZes agriculture and forestry as
the commanding issues of the Rural Areas. With the protection of these finite resources,
the following objective and goal provide guidance through which to judge development:
GOAL: Discourage rural residential development other than dwellings related
to a bona fide agricultural/forestal use. The limited amount of residential
development which is permitted in the Rural Areas shall be located in a
manner to minimize impact on rural resources and to minimize impact on
rural resources and to minimize conflict with agricultural/forestal activities.
OBJECTIVE: All decisions concoming the Rural Areas shall be made in the
interest of the four major elements of the Rural Areas, with highest priority
given to preserving agricultural and lorestat activities rather than encouraging
residential development.
The Facilities Planning Policy of the Comprehensive Plan has clearly provided notice that
Rural Areas must not expect levels of service delivery equal to those provided in the
Development Areas (Attachment B). Should the amendment be approved, each expansion
would be considered under a special use permit application. While specific impacts on
public services, roads, natural environment and surrounding areas would be unknown
until the special permit review, the scale of the proposed text amendment could
potentially place greater pressure to provide support services to sites in the Rural Areas.
A greater demand for police, fire, and rescue services could be anticipated.
With the protection of agricultural and forestry resources as the highest priority in the
Growth Management Policy of the Comprehensive Plan, the Plan directs development
into designated areas in order to conserve the balance of rural areas and for resource
protection. The Plan further emphasizes the importance for the protection of agricultural
and forestry resources through its declaration that both these resources are the most
critical in the County and the most desired primary land use in the Rural Areas.
The Economic Development Policy of the Comprehensive Plan promotes the
maintenance of a strong and sustainable economy. One component to employ this goal is
to ;'Encourage tourism focused on the rural, agrarian, and historical resources of the
County, and which does not threaten or compromise those resources." Although the
expansion of lodging and service facilities for tourists may be encourage toufism. at
the same time,.' could compromise the Rural Area resources that we have been charged
to protect.
The Rural Development section of the Comprehensive Plan will soon be under review by
the Commission. It is anticipated that appropriate land uses within the Rural Areas will
be considered with the development of the Rural Development chapter of the
Comprehensive Plan. Approval of the proposed text amendment would have the effect of
incrementally determining additional suitable land uses that are contrary to current goals
and objectives before proper deliberations can take place.
3 27
Orient-Express
(Keswick Corp.)
402.138 acres
Lord Ashley
(Keswick Club)
155.625 acres,
Others
99 acres
~Total 656.763
28
Anticioated Countywide lmpacts~ Complied from a variety of resources, the following
list should be considered representational o'f the existing sites located in Rural Area
Districts that could seek expansions under the proposed text amendment.
Name Rooms Acres Location
Afton Mountain Lodge unknown 17.299
Clifton 14 7.850
Greenwood Motel 8 2.849
Keswick Hall 48 155.63
Rt. 250 West
Rt. 729, Shadwell
Rt. 250 W., Crozet
Rt. 744, Keswick
Scale: The proposed text amendment would allow a maximum of 75 rooms to a
restaurant or inn that was a legal use at the time of construction, without regard to current
use or historic value. The amendment also would allow an unlimited amount of
expansion or enlargement of ancillary facilities. Special attention would need to be paid
to this issue during Special Use Permit review, where conditions could be established to
limit size. Supplementary regulations could be established to limit ancillary facilities and
services.
To bring the proposed text amendment into perspective, it is important to reflect that
hould Clifton were to expand to the maximum allowed by this amendment, it would have
an increase of 536% over its current number of guestrooms; Greenwood would increase
by 938%; and Keswick would have an increase of 156%.
Summary: The proposed text amendment is not consistent with the existing goals and
policies of the Comprehensive Plan, as it would be a commercial enterprise with no value
as support to the preservation of agricultural and foresial activities in the Rural Area.
Although the Economic Development Policy recognizes the need to achieve economic
vitality,, that goal does not negate the trust to preserve and protect agricultural and forestal
land uses.
As the work on the Rural Development chapter Of the Comprehensive Plan progresses,
land uses that may be appropriate in the Rural Areas will be addressed. At this time,
Staff cannot support an. amendment that would incrementally determine Rural Area land
uses.
RECOMMENDED ACTION:
Staff recommends that the Planning Commission not adopt a Resolution of Intent to
proceed with ZTA-99-07, but, as with ZTA-99-06, Althea Hurt, indefinitely defer
consideration until the Rural Area portion of the Comprehensive Plan, as it pertains to
uses permitted in the Rural Area, can be reviewed and completed.
29
10.0
10.1
RURAL AREAS DISTRICT, RA
INTENT, WHERE PERMITTED
This district (hereafter referred to as RA) is
hereby created and may hereafter'be established
amendment of the zoning map ~e-~e~m~-a-~m~%e~
ame~n~-e~-~ewe~-~e~s~y-~es~en~a.~-~eve~e~me~-~n
eom~re~ens~ve-p~an-as~--e~e~-R~ra~aaSs-w~e~
A~eas for the fgllowing purposes:
- Preservation of agricultural and forestal
lands and activities;
- water supply protection;
- Limited service delivery to the rural areas~
and
- Conservation of natural, scenic, and historic
resources.
Residential development not related to bona fide
agricu!tura!/foresta! use shall be encouraged to
locatein th~ urban area~ communities, and
vi!!aqes as designated in the comprehensive plan
where services and utilities are available and
where such development will not conflict with the
aqricu!tural/forestal or other rural objective.
Where development does occur, rural residents
should expect to receive a lower level of service
delivery than will be provided to residential
developments in designated growth areas. In
relation to residential development,
.agricu!tura!/foresta! activities shall be
regulated only to the extent necessary to protect
public health and safety.
In regard to agricultural eense=~a~on
preservation, this district is intended to
cense=~e preserve the county's active farms and
best agricultural and forestal lands by providing
lot areas designed to insure the continued
availability of such lands for preferential land
use tax assessment in order to enhance the
.2
.2.'t
Page 7
economy, and maintain employment and lifestyle
opportunities. In addition, the continuation and
establishment of agriculture and
agriculturally-related uses will be encouraged,
and landowners will be encouraged to emploV
Virginia State Water Control Board best management
practices. :
It iS intended that permitteddevelopmentbe
~erm~e~-e~ restricted ~oland which is of
marginal utility for agricultural/forestal -
purposes, provided that such development be
carried out in a manner which is compatible
· ~he-a~r~e~.~a~-ae~v~y-~-~he'areawith other
purposes of this district.
~n~en~e~-~a~-s~eh-~eve~e~men~-eee~-~n-~eeae~en~
an~-a~-sea~es-eem~a~e-~e-~he-~ys~ea~
s~pe~-s~eh-eeve~epmen~. Roadside strip
development is to be discouraged through the
various design requirements contained heroin.
PERMITTED USES
BY RIGHT
The following uses shall be permitted in any RA
district subject to the requirements and
limitations' of those regulations:
1. Detached single-family dwellings, including
guest cottages and rental of the same;
provided.that,yard, area and other
requirements of section 10.4, conventional
development by right, shallbe met for each
such use whether or not such use is on an
individual lot subject to. section 10.3.
2. Side-by-side duplexes subject to the
provisions of section 10.4; provided that
density is maintained and provided that
buildings a~e located sothat each unit could
be provided with a lot meeting all other
requirements for detached single'family
dwellings except for side yards at the common
wall. Other two-family dwellings shall be
permitted provided densityis maintained.
!0.
i!.
12.
!3.
14.
Agriculture, forestry.~ and fishery uses except as
otherwise expr'~';~:I~::=~=~:fS~i'ded.
Game preserves, wild!ire sanctuaries and fishery uses.
Wayside stands for display and sale of agricultural
products produced on the premises (reference 5.1.!9).
Electric, gas, oil and communication f'~cilities
excluding multi-legged tower structures and including
poles, lanes, transformers, pipes, meters and re!atsd
facilities for distribution of ~ocal service and owned
and operated by a public utility. water distribution
and sewerage collection lines, pumping.,stations and
appurtenances owned and operated by the. A!bemar!e
County Service Authority. Except as .d~herwise
expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 10 of the
Code of A!bemarle and all other applicable law.
Accessory uses and buildings i J%ing home
ncl occupation,
Class A (reference 5.2) and'storage buildings.
~emporary construction uses (reference 5.1.18).
P'~blic uses and buildings such as schools, offices>
parks, playgrounds and roads funded, owned or operated'
by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission, main or trunk
lines, treatment facilities, pumping stations and the
like, owne6'and/or operated by the Rivanna Water and
Sewer Authority.(reference 3!.2.5; 5.!.!2).
Temporary sawmill (reference 5.1.15 and subject to
performance standards in 4.!4).
Veterinary services - off-site treatment only.
Agricultural service occupation (subject to performance
standards in 4.14).
Divisions cf land in accordance with section 10.3.
Tourist lodging (reference 5.!.!7).
Mdbi!e homes, individual, _cu~!ifying under the
following requirements (reference
A property owner residing on the premises in a
permanent home wishes to place a mobile home on
such property in orde~ to maintain a_fu!!-time'
agricultural employee.
33
10.2.2
17.
18.
b. Due to the destructionof a permanent home an
emergency exists. A permit can be issued in this
event not to exceed twelve (!2) months. The
zoning administrator shallbe authorized to issue~'I
permits in accordance with the in%ent of this
ordinance and shall be authorized to require or
seek any information which he may determine
necessary in making a determination of cases "a"
and "b" of the aforementioned use~.
~Temporary mobile home~4rmit in accordance with section
Farm winery (reference 5.1.25). (Added 12-16-81)
Borrow area, borrow pit, not exc&edin~"'
'an aggregate
volume of fifty thousand ( 50,000 ) cubic yards in~'!uding
all borrow pits and borrow areas on any one parcel of
record on the adoption date of this provision (refer-
once 5.1.28). (Added 7'6-83)
BY SPECIAL USE PERMIT
Community center (reference 5.1.4).
Clubs, lodges, civic, patriotic, fraternal (reference
5.!.2).
Fire and rescue squad stations (reference 5.1.9).
Swim, go!fV tennis or similar athletic faci!itSes
(reference 5.1.16).
5. Private schools.
i!ectrica! pow&~ substations, transmissicn.!ines and
related towerS'; gas or oil transmission lines, pumping
stations and appurtenances, unmanned telephone exchange.
centers; micro-wave and radio-wave transmission and
relay towers, substations and appurtenances.
Day care, child care or nursery facility (~eference
5.!.~).
· (Repealed 3-5-86)
Mobile home subdivisions ( reference 5.5 ) .
!0.
12.
13.
Mobile homes on individuk! lots (reference 5.6).
Hog farms.
Horse show grounds, permanent.
custom slaughterhouse.
(Supp.
14. Sawmil!s,-planing mills and woodyards (reference 5.1.15
and subject .to' performance s%andards in 4.14].
persons as described in section 15.1-486.2 of the Code
(reference 5.1.7 b
Commercial stable (reference 5.1.3).
17.
Commercial kennel (reference 5.1.11 and
subject to performance standards in 4.14).
18.
Veterinary services, animal hospital
(reference 5.1.11 and subject to performance
standards in 4.!4).
19.
20.
21.
Private airport, heiistop, he!iport, flight
strip (reference 5.1.1).
Day camp, boarding camp ( reference · 5.1.5 )
Sanitary. landfill (reference 5.1.14),
22'.
23.
Country store.
Commercial fruit paek~n~-~-an~ or
agricultural produce packi. ng plants.
24. Me~e~s-e=-~nns.
25, Flood control dams and impoundments.
26.
Res~a~ran~s-~eea~ee-em-er-a~aeen~-~e-me~e~
~em~ses.
27.
Restaurants and inns located within an
historic landmark as designated in the
comprehensive plan provided such structure
has been used as a restaurant, tavern or
inn; in such case the structure shall be
restored as faithfully as possible to the
architectural character of the period and
shall be maintained consistent therewith.
28. Division of land as provided in section 10.5.
29. Boat landings and canoe livery.
30.
Permitted residential uses as provided in
section !0.5.
31.
32.
33.
Home occupation, Class B (reference 5.2).
Cemetery.
Crematorium.
34. Mu!ti-crlrpt. mausoleum.
35. Church building and adjunct cemetery. ,
ocuoOer L7, 1989 Page 11
36.
37.
38.
39.
40.
41.
42.
43.
Gift, craft and antique shops.
Public garage. ( Added 3-18-81 ) ,
Exploratory drillings. ( Added 2-10-82
Hydroelectric power generation (reference
5.!.26). (Added 4-28-82)
Borrow area, borrow pit not 'permitted under
section 10.2.1.18. (Added 7-6-83)
Convent, Monastery' ( reference 5.1.29 ) .
(Added 1-1-87)
Temporary events sponsored by'local nonprofit
organizations which are related to, and
supportive ofthe KA, rural areas, district
(reference 5.1.27). (Added 12~-87I
Agricultural Museum (reference 5.1.30).
(Added 12-3-87)
~c~o~cr ~, ~o~ Page 12
10.3
APPLICATION OF REGULATIONS FOR DEVELOPMENT BY
RIGHT
The following provisions shall apply to any parcel
of record en-~e-da~e-e~-adep~em-e[-~s
e=d~nanee at 5:15 p.m., the 10th day of December,
1980 (reference 6.5):
CONVENTIONAL DEVELOPMENT
10.3.1
Regulations in section 10.5 governing development
by right shall apply to the division of, a parcel
into five (5) or fewer lots of less tha~
twenty-one (21) acres in area and to the location--
of five (5) or fewer dwelling units on any parcel
in existence at the time'of adoption of this
ordinance; provided that the aggregate acreage
devoted to such lots or development..-shal! not
exceed thirty-one (31) acres, excep~ in such case
where this aggregate acreage limitation is
precluded by other provisions of this ordinance.
Nor shall such aggregate acreage limitation
preclude exercise of division rights in such case
where division rights have been allocated by
division of land since adoption of this ordinance
but prior to the effective date of this provision
in such manner as to preclude compliance with this
provision; provided that, where possible, the
residue acreage following exhaustion of division
rights shall be 21 acres or more.
10.3.2
In addition to the foregoing, there shall be
permitted by right any division of land into
parcels each of which shall be twenty-one (21)
acres or more in area. No such parcel shall be
included in determining the number of parcels
which may be created by right pursuant to section
10.3.1; provided that (a) no such division shall
affect the number of parcels which may be divided
pursuant to section i0.3.1; (b) there may be
located not more than one (!) dwelling unit on. any
parcel created pursuant to this section; (c) at
the time of any such division, the owner of the
parcel so divided shall designate the number of
parcels into which each parcel so divided may be
further divided pursuant to section 10.3.1; and
(d) no such division shall increase the number of=
parcels which may be created pursuant to section
10.3.1.
10.3.3
RURAL PRESERVATION DEVELOPMENT
37
October 17, 1989 Page 13
10.3.3.1
10.3.3.2
DEFINITIONS: The following definitions shall
apply to any rural preservation development
created under the provision of 10.0 Rural Areas
District, RA:
a. Development lot: A lot within a rural
preservation development, other than a rural
preservation tract, created for the purpose
of residential or other ~permitted usage.
b. Rural Preservation Development: A
subdivision of land consisting of development
lots together with a rural preservation
tract.
c. Rural Preservation Tract: A .lot the usage
and diminishmentof which is restricted and
protected by legal arrangements to insure its
maintenance andI preservation for the purpose
of: preservation of agricultural and
lorestel landzand activity; water supply
protection; and/or conservationof natural,
scenic, or historic resources.
IN~ENT; DESIGN STANDARDS: The rural preservation
development option is intended to encourage more
effective land usage in 'terms of the goals and
objectives for the rural areas as setforth in the
comprehensive plan than can be achieved under
conventional development. To this end,
application for rural preservation development
shall be reviewed for:
a. Preservation of agricultural and foreeta!
lands and activities
b. Water supply protection; and/or
Conservation of natura!~ scenic, or historic
resources.
More specifically, in accordance with design
standards of the comprehensive plan and where
deemed reasonably practical by the commission
d. Development lots shall not encroach into
prime, important', or unique agricultural or
forestal soils as the same shall be shown on
the most recent published maps of the United
Stated Department of Agricultural Soil
Conservation Service or other source deemed
of equivalent reliability by the Soil
Conservation Service; .,
Oc~oDer ~7, 1989 Page 14
f e
Development lots shall not encroach into
areas of critical slope or floodplain and
shall be situated as far as possible from
public drinking water supply tributaries and
public drinking water supply impoundments;
Development lots shall be sO situated and
arranged as to preserve historic and scenic
settings deemed to be of importance to the
general public and natural resource areas
whether such features are on the parcel to be
developed or adjacent to such parcel;
Development lots shall be confined't'o one
area of the parcel and shall be situated so
that no portion of the rural preservation
tract shall intrude between any development
lots; $
All development lots shall have access
restricted to an internal street in
accordance with Chapter 18 of the Code of
Albemarle. -
10.3,3.3
Nothing stated herein shall be deemed to
obligate the commission to approve a rural
preservation development upon finding in a
particular case that such proposal does not
forward ~he purposes of rural preservation
developmentas setforth herein above and that
the public purpose to be served would be
equally or better served by conventional
..-development.
SPECIAL PROVISIONS: In addition to design
standardsas setforth in 10.3.3.2 and other
regulation, the following special provisions shall
apply to any rural preservation development: t
The maximum number of lots within a rural
preservation development shall be the same as
may be achievable pursuant to Section 10.3.1
and Section 10.3.2 and other applicable law.
Each rural preservation tract shall count as
one (1) lot.
Section 10.3.3.3(a) notwithstanding, no rural
preservation development shall contain more
than twenty (20) development lots; except
that the board of supervisors may authorize
more'than (20) development lots by issuance
of a special use permit pursuant to Section
10 5 2..
OctoBer 17, 1989 Page 15
Provisions of 10.3.3 Rural Preservation
Development shall be applied to the entire
parcel. Combination of conventional and
rural preservation development within the
parcel shall not be permitted; provided that
the total number of lots achievable under
Section 10.3.1 and Section 10.3.2 shall be
permitted by authorization of more than one
(1) rural preservation tract. Nothing
contained herein shallbe deemed to preclude
the commission fromapproving a rural
preservation development for multiple tracts
of adjoining land; or on land divided or
otherwise altered prior to the effective date-
of this provision; provided that, in either ·
case, the provisions of section 10.3.3 shall
be applicable.
The area devoted to development' lots together
with the area of roadway necessary to provide
access to such lots shall not exceed the
number of development lots multiplied by a
factor of six (6)expressed in acres.
No rural preservation development shall
contain lessthanone (1) rural preservation
tract. The commission may authorize more
than one (1) ruralpreservation tract in a
particular case pursuant to the various
purposes of rurallpreservation development as
setforth in Section 10.3.3.2 or in accord
with Section=10.3.3.3(c), as the case may be.
No rural Dreservation tract shall consist of
less than forty (40) acres. Except as
specifically permitted by the commission at
time of establishment, not more than one (1)
dwelling unit shall be located on any rural
preservation tract or development lot. No
rural preservation tract shall be diminished
in area except'by exercise of eminent domain
by a public agency. These restrictions shall
be guaranteed by perpetual easement accruable
to the board ofsupervisors and the Public
Recreational Facility Authority of Albemarle
County in a form acceptable to the board. In
accordancewith~Chapter 18 of the Code of
Albemarle, the~directorof planning and
community developmentshall serve as agent
for the boardofsupervisors to accept such
easement. Thereafter, such easement may be
modified or abandoned only bymutua!
agreement of allparties to the original ,,
agreement. ;=
4O
10.4
AREA AND BULK REGULATIONS
Page 16
REQUIRES
DMSIONS BY RIGHT DIVISIONS BY SPECIAL USE PF_RMI{
(Amended 8-14-85)
Gross Density .0.5 du/ac 0.5 du/ac
!
IMinimumlot size 2.0 acres .-- 2.0 acres
Minimum frontaEe
existing public "'
roads 250 feet ,-'~ 250 feet
Minimum frontage
internal public
or private roads
· 150 feet 150 fee~
Yards, minimum:
Front 75 feet 75 feet
Side 25 feet 25 feet
Rear 35 feet 35 feet
Maximum
structure
height
35 feet 35
10.5
SPECIAL PROVISIONS FOR MULTIPLE SINGLE-FAMILY
DWELLING UNITS
feet
10.5.1
10.5.2
LIMITATIONS ON DIVISION PERMITTED BY RIGHT
Divisions of land'-sha!l be permitted as provided
hereinabove; except that no parcel of land of
record on the date of the adoption of this
ordinance may be divided into an aggregate of more
than five (5) parce!sexceDt as provided in
'sections 10.3.2 and 10.5.2 hereof nor shall there
be constructed on any such parcel an aggregate of
more than five (5) units~ exee~-as-~ev~e~-~n
WHER~ PERMITTED BY SPECIAL USE PERMIT
10.5.2.!
The Board of Supervisors may authorize the
issuance of a special use permit for:
~han- ~ ~ve - + 5 ~ -~we ~n~-~n~ ts - a~- a-~o s s -~ens
October 17, 1989 -' Page 17
The relationship of the property in regard to
developed rural areas. For the purposes of
this section, a property shall be deemed to
be located in a developed rural .area if fifty
(50) percent or more of the land within one
(1) mile of the boundary of such property was
in parcels of record of five (5) acres or
less on the adoption date of this ordinance.
In making' this determination, mountain
ridges, major streams and. other physical
barriers which detract from the cohesiveness
of an area shall be considered.
The relationship of the proposed development
to existing and proposed population centers,
services and employment centers. A property
within areas described below shall be deemed
in proximity to the area or use. described:
a. Within one mile roadway distance of the
urban area boundary as described in the
comprehensive plan;
Within one-half mile roadway distance of
a community boundary as described in the
comprehensive plan;
Within one-half mile roadway distance 6f
a ~y~e-~-v~a~e-e~-w~h~n-ene-ha~-m~e
e~-~he-ma~e~-e~ess~ea~s-e~-a-~y~e-~
village as described in the
comprehensive plan· (Amended 6-3-81)
The probable effect of the proposed
development'bn capital improvements
programming in regard to increased provision
of services.
The traffic generated from the proposed
development would not, in the opinion of the
Virginia Department of M~hways-a~d
Transportation:
a. Occasion the need for road improvement;
Cause a tolerable road to become. a
nontolerable road;
Increase traffic on an existing -
nontolerable road.
42
Page 18
more lots than the total number permitted
under section 10.3.1 and 10.3.2; provided
that nosuch permit shall be issued for
property within the boundaries for the
watershed of any public drinking water supply
impoundment; and/or
b. more development lots than permitted under
section 10.3.3.3(b).
The Board of Supervisors shall determine that such
division am~e~-eens~e~e~ is compatible with
the neighborhood as setforth in section 31.2.4.1
of this ordinance, with reference to goals and
objectives of the comprehensive plan relating to
rural areas including the type of division
proposed and specifically, as to this section
only, with reference to the. following:
!. The size, shape, topography and existing
vegetation of the property in relation to its
suitability for agricultural or foresta!
production as evaluated by the United States
Department of Agricultural Soil Conservation
Service of the. Virginia Department of
Forestry.
2. The actual suitability of the soil for
agricult~ra! or foresta! production as the
same shall be shown on the most recent
published maps of the United States
Department of Agriculture Soil Conservation
.. or other source deemed of equivalent
reliability by the soil Conservation Service.
The historic commercial agricultural or
forestal uses of the property since 1950, to
the extent that is reasonably available.
If located in an agricultural or forestal
area, the probable effect of the proposed
development on the character of the area.
For the purposes of this section, a property
shall be deemed to be in an agricultural or
foresta! area if fifty (50) percent or more
of the land within one (!) mile of the border
of such property has been in commercial
agricultural or forestal use within five.(5)
years of the date of the application for'
special use permit. In making this
determination, mountain ridges, major streams
and other physical..~barriers which detract
from ~he cohesivenesso-of an area shall
considered.
Oc~oOer
1989
Page 19
9.-
W~h-respee~-~e-app~ea~ens-~e~-s~ee~a~-~se
pe~m~s-~e~-~a~-~y~n~-whe~y-e~-pa~a~y
w~m-~he-be~n~a~es-~e~-~he-wa~e~she~-e~
any-~b~e-~r~nk~n~-wa~e~-~mpe~ndmen~7-~he
~e~ew~m~-a~ena~-[ae~e=s-sha~-be
eens~e~e~
~T
~T
~he-ame~n~-and-~a~y-e~-ex~s~n~
ve~e~a~ve-eever-as-~e~a~e~-~e
~a~en-e~-se~men~-phesphe~sT
heavy-me~a~sT-n~e~en-an~-e~he~
s~Bs~anees-~e~e~m~ne~-ha~m~e-wa~e~
~he-ex~en~-~e-wh~eh-ex~s~n~-ve~e~a~ve'
eeve~-we~-Be-~emeve~-e~-4~s~Be~
deve~e~me~T
~he-ame~m~-e~-~m~e~v~e~s-eeve~-wh~eh
w~-ex~s~-a~e~-deve~e~men~7
The-p=ex~m~y-e~-any-pave~-+pe=v~e~s-e~
~mpe=v~eus~-a=eaT-s~=ue~u=eT-e~-a~a~n
s~=eam-er-~mpe~ndmem~T-eM-dur~ng-~e
eens~=~e~e~-phaseT-~he-~=ex~m~y-e~-any
~mpe~metmen~7
The-~y~e-and-eha=ae~e=~s~es-e~-so~s
an~-eMe~ab~yT
'The-pe~en~a~e-and-~en~th-e~-a~-s~epes
sM~ee~-~e-d~s~Banee-d~n~
eens~e~e~-e~-~pen-wh~eh-any
s~e~eT-pave~-a~ea-+~e~v~e~s-er
~mperv~e~s~-e~-ae~ve-~eerea~ena~-area
sha~-e~s~-a~e~-~eve~epmen~7
The-es~ma~e~-du~a~en-and-~m~n~-o~-~he
eens~r~e~en-)hase-e~-any-)~e)ese~
~eve~e~men~-an~-ex~en~-~e-wh~eh-s~eh
The-de~ree-~e-wh~eh-er~na~-~epe~raphy
e~-ve~e~a~ve-eeve~-have-Been-a~e~ed-~n'
he~e~n~e~T
44
/-and /J~ Plan
Faci ities Panning
GOAL:
Strongly support and effectively implement the County's growlh
management priorities in the ,Olanning and provision of transportation,
public facilities and public utilIties. '
Int, roduction
Residents of the Cottory expect quality facilities and services. It is recognized that the provision of
such facilities and services significandy affects the location, timing, and extent of development.
By their very nature, public facilities are capkal-intensive, requiring significant funding not only for
the initial developmemt of the facility, but also for its continual maintenance and operation. It is
becoming increasingly difficult for comm-nities to find adequate fiscal resources to pay for new or
improved facilities, as well as maintenance of existing facilities. Therefore, to provide facilities ha a
fiscally responsible and equitable manner, adequate plamaing is necessary to ensure that the highest
benefit is provided to the citizens in exchange for the cost required to provide the service. The
policies, objectives, and strategies presented in this chapter outline an active process to assure this
success.
The Nature of Fublic Service Delivery
The Counry's growth management goals are to be supported through the appropriate provision of
transportation, public utilities, and public facilities and services to designated Development Areas.
The provision of fire, rescue, and police protection, roads, utilities, school bus service, and other
governmental activities and functions to a large, dispersed rural population' is viewed as inefficient
and contrary to the overall public interest in guiding new development to the designated
Development Areas.
Emphasis is placed on provicling a level of public service delivery that will support development in,
and direct development to, designated Development Areas. To accomplish this, service and facilities
A!b~marl~ County /-~and /./s~ Plan
will be provided at a much higher level in the Development Areas than ~ the Rural Areas. This
lower level of service delivery. provided to the Rural Areas must be well planned and consistent with
land use policies. Those living in the Rural Areas should not anticipate levels of service delivery,
equal to those provided in the Development Areas.
CaFit, al Irnprovernen ;s Frogram
The Capital Improvement Program (CIP) serves as the major financial platruing guide for County,
expenditures towards Capital facilities and equipment over a five year period. It is primarily based
on the physical needs of the County as identified in the Comprehensive Plan. It is one of the
primary tools used to implement the Comprehensive Plan. Albemarle County adopted its first CIP
on March 5, 1978. The CIP is reviewed annually by the Planning Commi-~sion, as authorized by
Section 15.1464 of the Code of Virginia, and is approved by the Board of Supervisors.
The CEP establishes a five year funding schedule for the purchase, construction or replacement of
the physical assets of the community. A capital project typically requires a minimum expenditure
of $20,000 and has a useful life of a minimum of ten years. County departments and affiliated
agencies initiate their capital project requests which span the five year period of the CIP. A CW
Technical Committee reviews all requests. Recommendations are then made by this Committee to
the Planning Commission, which subsequently makes its recommendation to the Board of
Supervisors.
21
47
Aib~marl~ County /-and IJs~ F!an
Growtn Management
GOAL: Protect and efficiently utilize County resources by:
Emphasizing the importance of protecting the elements that define the Rural Area:
1 ) Agricultural and Forestry resources
2) water supply resources
3) natural resources
4) scenic resources
5) historic and cultural resources
6) limited service delivery
Of these, the protection of agricultural and forestry resources is the highest priority.
B. Desi natin Development Areas where a variety of land uses, facilities, and services
are ~_~anneg to support the County's future growth, with emphasis placed on infill
development.
Introduction
The County's primary growth management goal directs development into designated areas and
conserves the balance of the County for rural areas and resource protection. Resource protection is
the basic theme behind the County's growth management approach. To this ongoing theme are
added new emphases on intelligent use of Development Axeas, public facilities and resources. Thus,
planning efforts aim to channel growth into designated areas to facilitate economical service delivery,
in those areas, to promote a sense of neighborhood-style development as the preferred design in
those areas, and to conserve the Rural Areas.
Planning efforts also focus on means to discourage development in the Rural Areas and support
activities consistent with the character of the Rural Areas. This is accomplished through education,
incentNes, and voluntary and re=%~datory measures. Agricultural and forestal resources have been
identified as the most critical County resources and the desired primary land use in the Rural Area.
Such uses play an important and long standing role in the environment, heritage, and economy of
48
PLANNING COMMISSION RECOMMENDED
ECONOMIC DEVELOPMENT POLICY ADOPTED MARCH 1, 1995
ANALYSIS AND FINDINGS:
NOte; The lbllowing section is subject to tipdating and formsuing changes prior to its
incorporation in the Comprehensive Plan revisions.
WHAT WE KNOW:
Economic Growth
1. Albemarle County has experienced steady growth and will continue to grow as
people continue to move to the County. Albemarle County's population grew at 2.0%
annual rate from 1980 to 1990. It is forecast to grow at 1.5% annual rate during the
1990's ahd a slightly lesser 1.3% annual rate after the turn of the c~ntury. Migration into
Albemarle County has been and should continue to be the primary component of growth.
During the 1980's, 63% of that growth was net in-migration of people.
,
The County's resident labor force has grown at a rate exceeding County population
growth, yet the number of those unemployed has not increased and, in fact, the
County's unemployment rate has consistently been the lowest in the area and has
stayed well below state and national rates. Over the 10 year period from 1982 to 1992,
the County's resident labor force grew by 35% (as compared to a population growth of a
little over 20%) and the unemployment rate averaged 3.6% annually (as compared to
5.3% at the state level and 7.1% nationally)..
County residents place importance on job opportunities and economic growth, but
not at the expense of the protection and preservation of water quality, natural
resources, farmland, historic areas and open space. In the Spring, 1994 Albemarle
Countv Planning Needs Survey rating of long-tea community planning goals, bringing
more jobs to the area had an average rating of 2..40 (1 being not so important, 2 being
somewhat important and 3 being very important). Protecting water quality scored an
average of 2.86, preserving natural resources and open space an average of 2.73,
preserving farmland an average of 2.68 and preserving historic buildings an average of
2.53.
Regional Context
4. While the County has the largest resident labor force in the area, the City of
Charlottesville retains a strong position as an employment center with its employers
attracting a significant number of County residents to work each day. Together, the
City and County are the center of a regional economy in which the majority of the
region's workers are employed in Charlottesville and Albemarle County. There are a
greater number of employed County residents than total jobs in the County. As a resttit,
50
according to the 1990 U. S Census 49% of County workers work in Aibemarle, while
43% commute to Charlottesville where there are more jobs than workers. Charlottesville
remains the area's largest employment location with about 36,000 jobs (April, 1993) as
compared to about 29,000 in the County. Together, the City and County are the region's
employment center, employing 88% of the Planning District i0 work force.
,
Labor
6.
By any of several measures of economic activity, Aibemarle County is pacing the
Charlottesville region in economic growth. Economic trends are showing a steady
growth in economic activity in Albemarle County. Reflecting its history, location and
presence of the University, travel expenditures increased 13% annually from the late
1980's into the early 1990's. Taxable sales in the County grew at 'an average annual rate
of 17.8% in 'the' 1980% continuing to grow through the recession Qfthe early 1990's to,
for the first time, exceed taxable sales in the City of Charlottesville in 1992 by $14
million. Retail sales also grew in this period at more than twice the rat; of the state, with
per capita retail sales increasing from $4,867 per person in 1985 to $6,992 per person in
1992 (as compared to state figures of $5,471 per person in 1985 and $6,710 per person in
1992). An analysis of retail trade indicates that the County has become a regional
market center that is a net importer of retail trade dollars. Deposits in commercial banks
have also increased steadily (13% annually from 1983 to 1992),outpacing the state
average for that period. Building activity, subject to inflation and the ups and downs of
the economy, showed steady growth 'throughout the 1980% peaking in 1989, and, despite
the recession of the early 1990's, has continued at a fairly steady dollar level of activity in
all sectors - residential, non-residential and commercial/institutional as well as farm
buildings - in 1992 and ! 993 ....
Force/Population
The County population is getting older, a result of both the national trend of aging
baby-boomers and the attractiveness of the area to those reaching retirement age.
The middle and older age populations aged 40 and over, which constitute empty-nesters
and those retiring, grew from 29% of the County's population in 1980 to 35% of the
population in 1.990, totaling a linlc less than 34,000 people. By 2010, this group is
forecast to total 45% of the population, or a little over 40,000 people. By contrast, the
20-39 age group, constituting late college/post graduate students, young professionals and
families in their prime child~bcaring years, and a group that more than doubled in number
from 1970 to 1990, is forecast to remain almost stable over the 1990 to 2010'period.
This shift to middle and older populations represents: population growth
without job growth, and without the expense of educating children; a unique housing
market; and alm~rkct with a certain amount of discretionary income to spend.
The County population is well educated with many residents poSSessing bachelor's
51
or graduate degrees, also a reflection of the presence of the University. and higher
technology/professional service employers. 39% of County residents had obtained at
least a bachelor's degree in 1990. Another 42% had graduated from high school, 23%
having attended some college or possessing an associate's degree. (See Attachment I)
·
Economic Health
8. T!;e University of Virginia remains the dominant employer in terms of numbers of
employees, but is providing and will likely continue to directly provide a decreasing
share of the County's and area's overall employment. The University employs some
12,000 persons in its academic and medical centers combined, representing 18% of the
City/County total employment (this is as compared to 20%in 1985). While the
University expects to add some 2,000 students in the next I0 years, it expects to do so
essentially without increase in its total employment.
The types of jobs provided by the County's employers, following national trends,
are becoming more trade and services oriented. While government and manufacturing
.continue to provide the most jobs (28% and 20% respectively), the greatest growth in
County employment sectors has been in services and wholesale/retail trade. This reflects
national Wends of contracting manufacturing employment whiIe trades and services are
experiencing growth. Yet, for both sectors the proportion of all County jobs (I 8.5% and
17% respectively) is still below statewide proportional averages. Since 1982,
manufacturing employment has experienced virtually no change. In the Charlottesville
Metro Statistical Area, manufacturing employment is forecast to decrease by 10% over
the next 10 years, while services are forecast to grow by 36% and wholesale and retail
trade by 24%. Within the services sector, social services, legal services and engineering
and management services are forecast to have the greatest growth. (See Attachments F &
G)
10.
The occupation of County workers, reflecting the presence of the University as well
as other higher technology/professional service employers, is fairly concentrated in
managerial. and specialty occupations and technician, sales and support
occupations. Close to 70% of labor force occupations are executive, administrative, .
managerial and tJrofessional specialty (360/o) or technicians, sales and administrative
support (33%). Statewide; there is a lower concentration in these groups (61%). Only
8% of occupations are operators, fabricators and laborers. Statewide, there is a higher
concentration in this group (14%). (See Attachment I-I)
I1.
While the number of employers in the County is increasing, the number employed
by those employers has remained relatively stable. The number of employers in the
County~has grown from 1192 in 1987 to 1584 in 1993. Employ-~c-~t ;, Albemarle
County establishments was 29,045 in April, 1987 and 29,167 in April, i993. Taking into
account the physical relocation of UVA Hospital employees from the County to the City
during this time period, this indicates that employment in other sectors actually increased.
Major employers of over 150 employees (not inc~':ding the University) accounted for
19% of the total County labor force in 1993. This compares with 22% of the total labor
52
force in 1987; (See Attachment
While the County,has relatively high incomes when compared to the region and the
state, wages in many employment sectors are below the state average for those
sectors. Both :median family and median household income figures for Albemarle
County residents have, over time consistently exceeded Charlottesville region and state
medians. In 1993, median family income was 115% of state median. Yet, except for the
agriculture and government employment sectors, wages provided by the County's
employers are below state averages. 'In 1992, the manufacturing, trade and services
sectors were respectively, 98%, 81% and 70% of state average. A closer look at the
service sector reveals that several service-producer type jobs - legal, membership and
engineering/management - exceed state average, but that the remaining job types, many
of which are setvice providers (ex:-hotels/lodging, personal, business, health services,
social services, household) are below state average, some substantially .so.
13.
'While families and persons living in poverty in the County have consistently fallen,
poverty still exists for a segment of the population. From 1970 to 1990, the number of
families experiencing poverty fell from about 1150 to .a little more than 800.
Nevertheless, this represented nearly 5% of families and over 4000 persons. ...
14.
15.
The Charlottesville area has consistently ranked at or near the bottom of urban
regions in the state in housing affordability. The Virginia Real Estate Research Center
at Virginia Commonwealth University measured housing affordability in Charlottesville
as last in the state's urban regions in b6th 1992 and 1993 based on average home price,
prevailing mortgage interest rates and median family income. Using Census derived
information, about 14% of County households spend more than 30% of household
income monthly on home owner costs. About 33% of households spend more than 30%
on rent.
Agriculture and forestry, While not growing as a share of the overall Albemarle
County economy, nevertheless remain an important component. When adjusted for
inflation, total value of agricultural products sold in 1992 was about $15.5 million, down
from about $16.8 million in 1987 and about $21.0 million in 1974. Albemarle ranked
25th in the stai. r' (1992) in total value of agricultural products sold and 15th in the state in.
livestock sales. In some specialty areas, such as horses, grapes, peaches and apples,
sheep and lamb operations, purebred cattle operations, pine stumpage value, and hay
production, there is increasing activity and the County ranks higher among state,
localities.
1¸6.
An inventory of designated land exists in the County for economi~ exp~'~sion, some
4
55
of which'is concentrated' in larger consolidated areas. Nearly .1400 acres of
developable industrial land is designated in the Couri. ty's Comprehensive Plan.
Approximately 750 additional acres exist for office and commercial development.
Approximately 450 acres of industrial land and 240 acres of office/commercial land
would need to be zoned for development to proceed. A September, 1993 report entitled
Consolidated Industrial Areas in Albemarle County identified eight areas under one
o~xTnership or a limited number of ownerships ranging. in size from 12 acres to 240 acres.
Two areas exceeded 200 acres in size. (See Attachment X)
WHAT WE UNDERSTAND:
Labor Force/Population
1. The most fundamentally sound work force is one that has basic education and good
work habits. Survey after survey has found that employers want workers who at the
very least have a good attitude and can communicate. Good basic educational skills -
reading, writing' and to a lesser extent math - are fundamental. Even if a person is
relatively unskilled, these characteristics make them trainable. Availability of continuing
education and training oppommities, such as can be provided by the public schools,
Piedmont Virginia Community College and the University of Virginia, is important for
the advancement of a work force.
A place can operate from its strengths to deal with its weaknesses. Economic growth
oppommities are going to be most available to places that possess, nurture, protect,
carefully 'utilize and strategically communicate the resources already in place. Economic
growth will come from within and as well as from the outSide. Of one scale, the talents
of the University and the presence of significant technical resources and skills give this
area a prime oppommity to connect with the manufacturing of today, particularly research
and development efforts. Of another scale, small business is said to create 7 out of I0
private sector jobs and there are great micro-enterprise opportunities for the diverse skills
and abilities in the Albemarle labor force, It is important to bring these talents to the
table. Manufacturing is looking for existing resident pools -they do not look to import a
great amount of labor. Forthe small business, there are growing opportunities to access
capital .and reach markets. Good preparation and communication of what is available and
what is desired puts the locality in a position of better control. Any weaknesses need to
be addressed directly, rather than by boosting the overall economy where such efforts
may not help those citizens most needing better jobs, working conditions and wages.
Economic Health
3. There is a perception of underemployment in the local economy. ':Underemployment
is not an easily quantifiable measure without extensive surveying. There are numerous
reported examples in the area of job openings that have received dozens of applicants,
many of whom have skills and/or education that greatly exceed the job's requirements.
This is not urtheard of in today's economy, not just locally but nationally. There is great
demand for part-time employment. Some fill these jobs because it is all that is available
54
,
,
for them and some because it can fit a lifestyle choice (ex.-the second worker in a
household looking for flexible work or the student needing additional income).
Furthermore, in a University community it is not unusual to see higher numbers of part-
time workers. A number of University communities in Virginia, like this area, have
percentages of pan-time workers in the work force exceeding the state average. In many
cases, these communities, like this area, also have percentages of the total population that
work that are higher than the state average. Thus, underemployment is relative to the
individual and what they are in need of.
The most traditional of basic industries - manufacturing - has changed in the
opportunities it provides and how it benefits a community. Manufacturing has
changed greatly from its more traditional forms. It has re-tooled for efficiency, becoming
highly ai~tomat~d and technical, with high value, capital intensiverproduction demanding
lower employment. Nevertheless, while employment has decreased in manufacturing, it
has maintained its relative percentage of the gross national product according to the
Virginia Department of Economic Development. Part of the reduction in workers has
been a result of downsizing where manufacturing does not employ the variety of
occupations and skills it used to. Yet, it still needs those services and it gets them by
contracting out. Thus, as examples, the accountant services or the janitorial services that
used to be on staff are now contracted for. The presence of modern manufacturing and
· the increased income it can bring into a community will mean outsourcing of work and
growth in other employment sectors, particularly those providing services. An indication
of this can be found in the Virginia Employment Commission employment forecasts. As
noted earlier, manufacturing employment is forecast to decrease in the Charlottesville
region in the next 10 years, while service employmenl~ is .forecast to have the greatest
percentage increase of all sectors.
While Albemarle County is not seen as an agricultural industry center, it has
tradition in agriculture and opportunities for continuing benefit from agriculture.
Food processing is a growth industry. There is some history of that activity in the County
(Con'Agra). The opportunity may exist for more of this activity. Otherwise, for
Albemarle County it is a matter of finding opportunities. Vineyards and orchards have
found a place in the local economy. Horse breeding has a long history in the Counfy and
with a new ho~'se track coming within 100 miles to the east off of 1-64, opportunities
exist~ It also should not be forgotten that agriculture is part of the heritage of this place
that makes it attractive as a tourist attraction and contributes to its special atmosphere that
has made it attractive to people and business. The Agricultural and Forestal Industries
Support Committee has stated that the industry provides stable employment to all
demographic segments of the County's population, paid on-the-job training in a.yariety of
meaningful trades, an attractive landscape for tourists and the citizens of the County, and,
as a consumer and a business, local purchase of most needed supplies and services. The
Committee has made a number of recommendations to market County agricultural and
forestal products.
A variety of available properties with adequate infrastructure are desirable for
6
55
business and industrial growth: Albemarle County policy has traditionally been geared
towards providing adequate land areas for economic growth consistent with
Comprehensive Plan goals while leaving decisions on economic expansion to the private
sector. In the 1989 Plan, this was translated into a target of providing two times the
forecast needed land area for such growth. Some localities use a measure of three to four
times forecast needed land area. The areas designated for business and industrial growth
mcfet industrial land use standards, but may not have in place complete on-site utilities or
necessary. road improvements (both internally and externally). In fact, several
undeveloped sites with zoning have not received such infrastructure improvements.
INTRODUCTION:
Albemarle County has a strong economy. We have a growing population and labor force and
have experienced low unemployment rates. The labor force is skilled and well educated. Good
schools, good planning, and our quality of life are important factors in the County's current
economic position. Median incomes are higher than at the State and regional levels. A
consistently strong employer is present in the University of Virginia, which, as a major
university and medical center, offers great potential for associated research and development
industry. Other major employers and sectors continue to provide employment stability and.
diversity. The renowned natural environment, Blue Ridge Mountain location, and historic
resources of the area provide a growhag tourist trade as well as an attractive place to do business.
The rural and agrarian heritage contributes to this character, and also offers oppommity for
agricultural and forestry industries. These are the strengths of Albemarle County which this
economic development policy recognizes, and will seek to maintain.
We are like other university communities in that we have an above average labor force
participation rate and above average number of pan-time workers (both students and adults who
prefer pan-time work). As a university community, we have a somewhat captive labor force as
well as people who live here for quality of life reasons, knowing that wages would be higher in
the more urban parts of the state. We are a growing community with rising property values, and
a large share of our .housing stock is new and priced accordingly. The high demand for both new
and used housing and the desirability oft he community produce well above average housing
costs relative to wages llid by many employers. As we fine rune our community, .we seek to
maintain a diversity of employment opportunities and to find ways to add housing 'for the lower
half of the incomes in our community. We also have residents who are poor? who are unable to
work regularly, or who work for minimum wage. Possible increases in the minimum wage.
nationally would benefit those who continue to work in the minimum wage positions. Local
efforts to enhance skills and to develop the work force may also provide ways to move
individuals out 0fminimum wage jobs. :
The purpose of this economic development policy is, first and foremost, to provide the local
citizenry an improved standard of living, improved job opportunities and competitive wages, and
work force development opportunities, rather than to seek to stimulate further population growth.
We do not seek growth, or to add new population, but accept that more people will move to our
community and that jobs, goods, and services will be needed to meet their needs. Accordingly,
7. 56
we will designate sites to address future growth needs in ways that will not detract from, but will
add to, the strengths of our community. We will provide information about those sites to those
who request it and attempt to answer all questions promptly and directly.
We recognize our position, along with the City of Charlottesville, as the center of the regional
economy. We recognize the economic objectives of the other localities in the region, while
renewing our commitment to our own economic development within the overall framework of
our growth management objectives. Albemarle'County supports the Community Vision
Statement regarding economic development.
Note: "Business" and "industry" are intended to be inclusive and interchangeable terms, meaning
the commercial production and sale of goods or services.
GOALS. OBJECTIVES. AND STRATEGIES:
GOAL:
Maintain a strong and sustainable economy: 1) benefiting County citizens
and existing businesses and providing diversified economic opportunities;
2) supportive of the County's Growth Management Policy and consistent
with the other Comprehensive Plan goals; and, 3) taking into
consideration regional (including the City of Charlottesville, and Greene,
Louisa, Fluvanna, and Nelson Counties) economic development efforts.
'OBJECTIVE 1:
Base economic development policy on planning efforts which support and
enhance the strengths of the County.
STRATEGIES:
1.
Protect through diligent growth management efforts the County's distinctive natural and
man-made qualities to maintain its attractiveness as a place to live and work.
Continue to recognize the relationship of high quality schools and public services and an
outstanding level of natural and cultural amenities to positive economic development,
and maintain these attributes.
Encourage tourism focused on the rural, agrarian, and historical resources of the County,
and which does not threaten or compromise those resources.
Encourage agriculture and forestry by implementing when appropriate the
recommendations of the Agricultural and Forestal Industries Support Committee.
Recognize that the University of Virginia can provide important resources for business
and industry and work with the University and its associated entities to take advantage of
opportunities to benefit from this resource in innovative ways.
8
Compile'data on County plans, zoning, sites, and policies, and make these available on
request.
7. Designate a contact point for information about the County.
Plan for the special needs, and utilize the talents, of the growing retired population
attracted to this area.
Encourage employment of the local labor force, rather than heavy reliance on relocated
workers.
10.
Discourage business and industry which is not environmentally sustainable or friendly
(such as high water users, polluters).
ll.
Encourage diversity in business and industry which will accommodate a variety of
skill/educational levels and provide for a diversified tax base.
12.
Monitor and report to the Planning Commission and Board of Supervisors about the
volume of economic development activity and how that activity is fitting with the Goals.
Objectives and Strategies of the Comprehensive Plan.
OBJECTIVE II:
Plan for land and infrastructure to accommodate future business and
industrial growth.
STRATEGIES:'
Assess the quality of areas designated for business and industry through analysis of the
site size variety, topography, location, and availability of infrastructure in such areas, and
compile an inventory of actual, useable land.
Designate areas for office, commercial and industrial development that meet the
development standards of the Comprehensive Plan and will provide sufficient land to
meet communitylneeds through the next Comprehensive Plan revision. Provide enough
land to allow flexibility and choice without inviting sprawl or detracting from infill
opportunities in areas previously designated in the Plan.
Utilize the rezoning process and associated proffer allowances to address needs brought
about by new development and to provide the community with assurances about' future
development activities.
Encourage in~ll development of business and industrial uses in areas appropriately
designated in the Land Use Plan.
,
Review current infrastructure (water, sewer, roads, community facilitie~5) programs to
determine their impact on business and industrial development of designated areas.
58
Identify infrastructure improvements that will make Growth Areas work.
Continue to work with property owners in designated Growth Areas to identify
infrastructure needs, and promote good planning for development of such areas consistent
with County growth management strategies.
OBJF, CTIVF, llh Recognize the County's place in the regional economy.
STRATEGIF, S:
Cooperate through the TJPDC with other jurisdictions in the regio,n, the University of
virginia, and Piedmont Virginia Community College for:
-. Development of acoordinated economic data base;
- Continuing discussion among the TJPDC jurisdictions about working and shopping
panems, wage levels, job stability, work force development needs, housing affordability,
public services, tax burdens, and other topics which relate to the purposes of local and
regional economic development policy;
- Distribution of information about development opportunities in the TJPDC to those who
request it;
- Regional work force development;
- Addressing linkages between housing and wages;
- Evaluating local, regional, statewide,. national, and Worldwide economic trends to
determine the current and future economic stability of, and growth opportunities for,
different types of business and industry.
Support mutual consultation on regional development projects along shared borders,
and/or on projects of significance to more than one locality, possibly through a
"Memorandum of Understanding."
Recognize and seek to cooperate with the City of Charlonesville's economic
development objectives, and the objectives of the other counties in the Thomas Jefferson.
Planning District, consistent with County goals, objectives, and strategies.
Measure our accomplishments in economic development against the strategic questions
posed in the Community Vision Statement regarding economic opportunity. '
OBJECTIVE IV:
Consider fiscal impact as one indicator of positive economic development,
along with environmental impact and standard of living impact.
· STRATEGIES:
59
Evaluate the fiscal impact of new business/industrial development.
Recognize that County residents place in'~portance on job opportunities and economic
gro,wth, but not at the expense of the protection and preservation of water quality and
quantity, natural resources, farmland, historic areas, and open space.
Recognize that the purpose of this economic development policy is to provide the local
citizenry an improved standard of living, improved job and wage opportunities. and work
force development opportunities, rather than to seek to stimulate further population
growth.
OBJECTIVE V: Provide local business development opportunities.
STRATEGIES:
Support existing businesses and industries through an open door policy of
communication, and exchange of information and concerns.
Coordinate with existing entities that assist new small, locally-owned, and minority
businesses and micro-enterprises in their start-up and early operation efforts.
OBJECTIVE VI: Provide work force development opportunities.
STRATEGIES:
Recognize that the most fundamentally sound work force is one that has basic education
and good work habits.
Encourage and support continuing educational and training programs to prepare the local
work force for thee skill demands of current and future employers, including appropriate
work habits and life skills. '
Encourage and support apprenticeship programs. Encourage the school system to teach
basic life skills as a means of preparing our future work force.
Develop related goals and objectives of the Comprehensive Plan (education, housing,
day care, transportation, etc.) to address barriers experienced by the local work force,
particularly those with greatest needs.
I:\General\Share\Janice\econ 1242.rpt
ll
60
Re:
Date:
From:
Albemarle County Board of Supervisors
Comprehensive Plan. rural section
October 18,2000
League of Women Voters
The Comprehensive Plan of 1996, when you turn to the rural area section,
has a notation saying that this section is being reviewed. It goes o to say that
when it has been revised the section will be inserted.
By the end of 1999, the planning staff had less than a full complement of
people without mentioning the recommended two additional planners that
were expected to be added. A year later, the planning staff is still short-
handed.
The League believes that a year without a complete planning staff is an
unreasor, able burden on the planning staff that we do have. It is unfair to the
planning commissioners who must try to deal with the staffreports--and it
is unfair to those developers and private builders who come to the planning
department for information.
In the meantime, as the League observes the planning commission and
board of supervisors' meetings, we hear over and over references by
everyone. .'until the rural area of the Comprehensive Plan has been
reviewed.." We have heard that for four years! Now we hear.."when the
planning department is fully staffed review of the rural area section of the
Comprehensive Plan will begin."
We have come before you tonight to say it is time, past time, for the
Board of Supervisors to act on this ongoing problem. The rural area of the
Comprehensive Plan is being amended in pieces as we wait for years for the
rev~s~on~
Four years without an update of this section of the Comprehensive Plan, a
planning department under-staffed for a year---how can you continue to take
applications for major planning decisions under these circumstances?
Statement by Citizens for Albemarle regarding ZTA 99-07
at a public hearing before the Albemarle County Board of Supervisors, 18 October 2000
Citizens for Albemarle opposes ZTA 99-07. The ZTA raises broad issues regarding the role of
tourism in our rural areas. Such broad issues should be addressed in the coming update of
the rural areas section comprehensive plan.
Citizens for Albemarle proposes instead that the County commit sufficient Planning staff
time so that a full review and update of comprehensive plan rural areas policies can be
completed by June 2001. This probably will require hiring additional Planning staff.
Given the urgent need for proactive open space planning, the public support for natural
resource protection and the current budget surplus, we see our proposal as a feasible means
of dispatching a cluster of RA policy problems that have lingered far too long.
Many of our rural areas policies date back to the 1989 update of the comprehensive plan, with
significant augmentations provided in the 1992 Open Space Plan. A core of these policies is
the hope that economically viable agricultural and forestal industries will keep spaces open
and protect natural resources. Today we see our rural industries suffering chronic economic
stress, science tells us they do not provide protection for many natural resources and there is a
widespread sense among residents that direct protection of essential resources is necessary.
The ZTA before you is a proposal for yet another patchwork elaboration of aged rural areas
policies, a collection of policies with a foundation that has fissured under time, new demands
and new information.
Albemarle County has a tradition of providing scant staffing for work on rural areas policies.
Even worse, staff designated for work on RA policy commonly are reassigned to development
proposal review, providing a double whammy of neglect for proactive creation of RA policies.
Citizens for Albemade views this as a penny wise but pound foolish.
Provision of sufficient staff for timely and proactive open space planning can occur only at the
highest levels of County government, only if you, the Board of Supervisors, endorse it. We
hope you will do so.
Piedmont Environmental
Prorlloting ant/proreclined the Piedn'lont~; rttrcfi econon~y, ~lalt.tral resources, hislory c~nd bc'at~lU
ZTA-99-07 Proposed Facility Expansion at Keswick Hall and
County Zoning Text Amendment
Statement to County Board of Supervisors October 18, 2000
Council.'
My name is Jeff Werner and I represent the Piedmont Environmental Council. The PEC was created in 1972 to
protect the rural landscape of the Piedmont. For the last 28 years we have worked with Southwest Mountain
landholders to keep that area beautiful. Through this partnership the Southwest Mountains were designated on
the National Register of Historic Places and Routes 22 and 23 ldesignated as Scenic Roadways. Through this
partnership almost 7,400 acres of the District is now under easement. In the past year, we have continued this
partnership to fight a series of proposed power plants that threaten the District's rural character.
That said, we. will not oppose the applicant's request to expand the existing guest facility by 75 rooms. I stress
the term existin~ ~uest facility.
We do not want this ZTA to allow for similar, non-rural scale facilities to pop-up elsewhere in the Rural Areas.
I use the term non-rural scale. This refers to the pattern and density of the built form. Whether or not the land is
used for agriculture, the rural-scale is still an important component. We believe that any review of a proposed
commercial-use in the Rural Areas should include a review of the total build out potential of the site. This
includes both what is there and what is planned. That any subsequent studies on water, sewer, traffic, and fiscal
impacts be made in reference to that total such that a comprehensive land-use decision can be made. This is not
an inconsequential concern as we foresee more proposals to commercially develop rural land--farms into
vineyards, to add restaurants to vineyards, to add conference centers to restaurants, to add golf courses to
conference centers, to add residences to golf courses.
Imagine that this is another site somewhere else in the County with an application to add a phase to an overall
development plan yet only that component is being reviewed. Consider how different this proposal would sound
were it described in its broader context, as a facility planned for approximately 130private homes, a 123 room
hotel, a golf course, a clubhouse, a restaurant, a bar, a pool, a tennis club, a conference hall, etc. This component
should be taken into consideration with the whole.
The Planning Commission expressed that this ZTA might be so limited that spot zoning could be an issue.
Broader language might allow this level of development anywhere that an applicant is willing to sink a well and
build a pocket sewage treatment facility. Ultimately, this type of development activity might drive the expansion
of public services into the countryside.
The following are conditions that we suggest should become part of either this ZTA or as a necessary broader
amendment to the Rural Areas policy.
· That in order to make a comprehensive land-use decision, the applicant will make known the complete
development potential of all contiguous parcels held.
· That there be some requirement to eliminate or reduce residential development potential on the parcels
covered by this ZTA.
· That private sewage treatment plants are either prohibited in the rural areas or are placed under such
stringent requirements that their application is severely limited:
· That in the event of failure of the private water or sewage treatment systems, the burdeft t6'ticili tate
alternative means shall be borne by the owner. This will preclude any request for extension of public sewer
and water.
· P.O. BOX 460 * Warrenton, Virginia · 20188 · 540-347-2334 · Fax 540-349-9OO3
I I I 1 Rose Hill Drive · Suite One · Charlottesville, Virginia · 22903 · 804-977-2033 * Fax 804-977-6306
130 WeSt Main Street · Suite 206 · P.O. Box 266 · Orange, Virginia 22960 * 540-672-0141 · Fax 540-672-6265
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
CPA 2000-04, HISTORIC PRESERVATION PLAN: Public
Hearing
AGENDA DATE:
October 18, 2000
ITEM NUMBER:
SU BJ ECT/PROPOSAL/REQU EST:
Proposal to amend the Albemarle County Comprehensive
Plan with an updated and expanded Historic Preservation
Plan, which provides a framework for protecting the County's
significant historic resources
ACTION:
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Cilimberg, Benish, Pickart
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
· The Albemade County Historic Preservation Committee was appointed by the Board of Supervisors in May
1995.
· On October 6, 1999, the Board adopted a Resolution of Intent to amend the Comprehensive Plan to add
the Historic Preservation Plan component, and also forwarded the historic overlay district ordinance to the
Planning Commission for its recommendation.
· The Planning Commission held work sessions on the Plan on November 23, 1999 and January 11, 2000.
At the November session, it was noted that the proposed ordinance would be addressed separately after
review and action on the Plan. At the January session the Commission asked the Committee to address
comments that had been made by staff and to return with a revised plan for public hearing.
· The plan was revised as per PC recommendation and the Planning Commission held a public hearing on
May 30, 2000. By a vote of 6 to 1 the Commission recommended approval of adoption of the Historic
Preservation Plan as a component of the Comprehensive Plan as presented, and amendment of Chapter 2
of the Comprehensive plan to correspond to the updated text in the Historic Preservation Plan by making
the staff-recommended text changes.
· The Board of Supervisors held a work session on the proposed plan on August 2, 2000. The Board voted
to schedule the plan for public hearing and directed staff to revise the plan to 1 ) more clearly distinguish
between the general discussion of historic preservation ordinances and the Committee's recommendations
regarding a historic overlay district ordinance for the County; and 2) to move the Committee's commentary
on voluntary measures to a footnote.
· The Board of Supervisors approved the text changes on the Consent Agenda of their September 6, 2000
meeting.
DISCUSSION:
One of the goals of the current Comprehensive Plan is the protection of the County's significant historic and
cultural resources. The proposed Historic Preservation Plan recommends a comprehensive program of
education, regulation, voluntary action, owner participation, and incentives to achieve that goal.
AGENDA TITLE:
CPA 2000-04, HISTORIC PRESERVATION PLAN: Public Hearing
October 18, 2000
Page 2
RECOMMENDED ACTION:
The Historic Preservation
Supervisors:
Committee and the Planning Commission recommend that the Board of
Adopt the Histodc Preservation Plan as a component of the Comprehensive Plan under separate cover.
Amend the text of Chapter 2 of the Comprehensive Plan to correspond to updated text in the Historic
Preservation Plan, by making the following changes:
· Page 112: Under "Surveys and Historic Resources" change 1998 to 2000.
· Page 112: In the second paragraph under Existing Historic Resources Surveys add "under the
auspices of Professor K. Edward Lay" in the first line after "University of Virginia School of
Architecture" and "have conducted".
· Page 112: Delete the third sentence of the second paragraph under Existing Histodc Resources
Surveys and replace it with this sentence "Professor Lay has also written a book on the architectural
history of Albemarle County, which was released in February, 2000." In the last sentence of this
paragraph change "will document" to "documents".
· Page 113: Under Historic Resource Listings, in the middle of the first paragraph change "end of 1998"
to "beginning of 2000". Also change "60 individual sites "to "64 individual sites".
· Replace the "Registered Historic Properties in Albemade County" table beginning on page 116 with the
updated table included in the plan.
00.212
ALBEMARLE COUNTY FARM BUREAU
® 913 East Market Street · Charlottesville, Va. 22902 · (804) 293-5775 · (804) 293-5703
September 13, 2000
Board of County Supervisors
Albemarle County
401 McIntire Road
Charlottesville, Virginia 22902-4596
Ladies and Gentlemen:
At your work session on September 6th it was announced that the Supervisors would welcome
citizens' written comments regarding the proposed Historic Preservation Plan in advance of the public
hearing scheduled for October 18tk Accordingly, I am writing to state the position of the Albomarle
County Farm Bureau on this proposal, as approved by our Directors at their regular meeting on
September 12m.
Most simply stated, we support a voluntary Plan and Ordinance, but we emphatically reject and
will oppose as effectively as we can any such document which imposes or encourages mandatory
restrictions on an individual's use of his or her own private property for reasons other than actual
damoge to others. While we agree to the desirability of preserving our local historic resources and to
the aesthetic benefits to the community that are derived from them, we cannot accept infringement on
fights of ownership and individual freedom for the sake of this proposal, however vital it may seem to
those who have brought it before you.
We urge, therefore, thor before accepting this Plan, you remove from it all references to mandatory
controls. 'To assist with that effort, we attach a copy of the latest revisions to the relevant sections of
the Plan, along with the changes, additions, and deletions which we consider essential to the minimum
requirements that we could support. We are convineext that the final version should be devoid of any
statements that might be used to justify mandatory controls in a projected Historic Preservation
Ordinance.
The report of the staff co~nittee who worked up the most recent rev~aions to the Plan contained a
most laudable list of potential incentives for voluntary cooperation with historic preservation. It is our
belief that, with a full commitmentto such incentives, Albemarle County can achieve a successful and
sufficiently effective program for historic preservation without resorting to force. We need look no
further than the recently adopted Acquisition of Conservation Easements Ordinance to provide a
model for the fight ldnd of voluntary program.
We strongly recormnend that you adopt a voluntary Plan at this time, and that you assure that the
resulting ordinance will contain only incentive-based methods of historic preservation.
Sincerely,
· ColqUitt Shackelford, Jr.
President
Albemarle County Farm Bureau 9/13/00 page I of 2
Proposed changes to Historic Preservation Plan revisions accepted through consent
agenda 9/6/00
ATTACHMENT A
"HISTORIC OVERLAY DISTRICT ORDINANCE"
Page 29:
45
",..subject to regulatior~ administered by a review board..." This sounds like mandatory
enforcement, not the incentive- and education-based program which we desire. Replace "subject to
regulations" with "eligible for programs."
Page 30:
46
"... to obtain the owner's view... ' If the owner has no real control over inclusion, what benefit is
there in obtaining his '~iew"? Change "view on" to "consent to."
4 8 "... mandato.rv review and approval..." is intrusive and draconian. Delete second sentence.
410
This paragraph is arguably the most unreasonable statement in the whole plan. The fact that the
ordinance as originally drafted (9/13/99, page 7) includes land as well as structures in the
requirement demonstrates how extremely such details in the Plan can be abused. The entire
paragraph should be deleted.
Page 31:
411
"By including an ajgqrmative maintenance provision in the ordinance..." This implied suggestion
undercuts and discredits the concluding sentence, which recommends education rather than
requirement. The third sentence should be deleted.
4 13
Penalties for an owner' s management of his own property are patently unfair and very likely
impractical. A developer may pay any penalty and still profit by demolition if the financial stakes are
sufficiently higk No ordinance will be 100% effective. This entire paragraph should be deleted.
4 14
Another instance of semantic manipulation~ Stressing "the value of education, incentives, and
assistance" may make the ordinance Seem more palatable, but does nothing to mitigate the
oppressiveness of an obviously intrusive document imposed on an unwilling property owner.
Change "also stresses the value of" to "relies on." Better, delete the entire paragraph.
"STRATEGIES"
Page 32:
The goal can and should be accomplished by education, incentives, and assistance. The sixth (final)
strategy should be eliminated.
Albemarle County Farm Bureau 9/13/00 page 2 of 2
Proposed changes to Historic Preservation Plan revisions accepted through consent
agenda 9/6/00
"EFFECTIVENESS OF VOLUNTARY MEASURES"
Page 38:
The second paragraph of the reyised report ("Historic resources listed... ") illustrates a major
fallacy of the proposed Plan. Indeed, many property owners do preserve their historic resources; the
wealth of historic resources today calls into question the need for extreme mandatory provisions in
the Plan. If, in fact, the ordinance will target the "unlisted and lesser known properties" no..t
reflecting "the high end on the economic scale;' then it primarily attach those who can least afford
the mandated expenses.
Why not reward and encourage those who do preserve historic property, rather than adopt
and enact restrictive and expensive requirements? An owner-friendly Plan and Ordinance can do
great good with less damage to our heritage of individual freedom and rights of ownership.
Delete the final clause: "and which would be under-represented in any voluntary
scheme."
The footnote at the bottom of the page negates any good that may have been accomplished
by the revisions. Transferring this recommendation from the text to a footnote does nothing to lessen
the oppressivehess of the overall Plan, and retains a basis for overzealous inclusion of requirements
and restrictions in the resulting Ordinance. Please do not allow this possibility. It is up to the
Supervisors to determine the desirability or undesirability of mandating compliance.
Delete the entire footnote.
.., McRaven..' Re's Ltd.
Log, Stone,. Postsand-Beam'ConStruction,. Consultation.and Restoration
........ CoVered:Bridges, gFater Mills,. and BlaekSmithing
'}Forltshops f Or.:.bOth. th' e" ~lmat. .eUr and. Professional-- AUthor'of books and f o~ periodicals
- Drawer-G '.- .'FreeUnio'n; :Virginia 22940 (delivery address: 1816Davis Shop Road)
(804)"973:4859' fra-9733503 2'.~;ehnrlesmerlven.eom'--'email MeRaVen2~mindspring;com
;.September' 1.4;. '2000
To: The .Albi~mafie County Board o f Supervisors
-...-.. . Mr...B0werman, 'Mr. Dorrier~ Mrs..Humphris, Mr.. Martin, Mr. Perkins, Mrs. Thomas
-Re: Historic' Preservation. Or.d~ce
My hUsband'~hasworked.in. the ~eld..of'preservation and re.st0ration of historic structures for more than
thirty. years because we have. a. passion for history. We: also value .the' beauty of Albemarle County.
we': chO se. to raise 'our .'family and' base 'our .:business. here in; 1979 because this-.state and .this .community
· .~. :respect.theit':tieritage,aad;';matefial culmre;.-i-,Wehave .workedall .ar0und=~e~cato give'new life. t0
-' 'iV0h~e:rful':01dbuiIdings:: tn"each:c..ase, ii0~;'Clieias:sough~:usoutbecause..they,.-too;had'apasSionfor
...... .the pr0pertythey own:and itS. place in .hiSto~.
: in perpetuity. You mig.l,,t. think we would be cheering .you on. You would, however, .be wrong..
, "We. deal :with the'.stark reality .ofpreservation work. on..a 'daily basis. Historic preservation: is not'for
- .;th:e....ti mid:, o!r for-,th!e:.Sh$1lo;.w:~. of!.Bi~et,:.or:;for~the..: neooh.vte, P'reser~afion~.!is.fmua:ht:...w. ith:snasty,.
..... expiiiiif,~ei!riSkw.',. fime-consUminl :surp.riSes:
- -' -We have. written-three nationally: distributed 'bOoks on. preservation. We. have photo documentationof
hundreds: of-sue'eessful projects. However~ wealSo know families who.brOke up.. when costs' of their'-
:project drowned: them. We have had:etients".throwup.theirhandS, give up and. move away -- or tear
5.--d~wn:.ihe:historie bdilding .in. ~av0r:.ofbiiiiding something more. flexible or useful ot economical.
YoU .'cannot.. be cavalier.. about 'entering~or requiring, apre.Servation project. '.Our experience :has taug..ht
". "uS:that'no one can accurately' estin~te what 'a restoration willcost the owner .of the property. Period.
And. I Say-"eost the owner'.' because the' decision to do .this work' shotrid'rest 1.0.0%.:with the. owner of
the: property; The owner 'has made the 'capital' investment, taken the .risk, and assumes the
responsibility f6r the~land and'.bufldings:.:'~O':ONEelse:has assumed 'this responsibility. NOT the
cont:ractor. or .anyone'. else i... Neither'.' should. an owner .be required. to:do this work .--.regardless' of his
ab~ty~.inc~tion~0r:wiltingness to assume the-cost.
· Why:;are. costs. so unpredictable? The 'reasons are many, but here: is. some idea o.fzthe complexity.
'! .:.:.or ;!)Most'.. constmction:is :50% labOr/50% materialS.. Preservation work is':otSten S0% (or.more) labor.
'; -- ,/:.In.most construction, demolitionis minimat.to"the ~co.pe..of. the job, and is.meant.to demolish. In
':: ':preservation, dismantling. is :. a .very .. ~ge part.-of the j0b'2 This 'translates ~o' expensive labOr because
;Page .2
it.must be.done carefully ~o' protect.' the. structure and 'to allow're-use of Some .or all the materials.
"~ ~.C0Smetic' fixes do..nO, good: The :'work 'must be 'done' right.' ~en you :get. below 'the-surfaCe,. you
'o'f~en~nd'trouble. When. yougobehind:theC!apboard, to'thefoundat'ion'(or. itsabSence.),.under.the
-r00~ etc.,-'you' alwayS'.find more pi~oblems than .eVen .the .most thorough. inspection indicated:
v~'. PreServation. work' is reall/y 'a series of decisions made jointly: by. owner .and contractor (plus his
· architect)::; This:.'is.more. involved thannormal construction done .ffom normal. blueprints..
v~ This. intensive labor itself'takeS:mOre'time than. most construction and cannot be-pro-fabricated. All
work .must: be '.dOne on-site with the craftsmaln dealing. with each challenge as it is .encountered.
For .example; we have Worked on'houses with.no footings or foundation (togs sitting on the ground for.
60 years.as :termite fodder). We have tom' off siding to find 25-foot tall 8~?x8". wallsupport.timbers
.'...:that lo0k like '25 ~fo0t fall' sheaves o.f. itraw' from termite...damage .all the ..way :up t0. the. third:floor: attic:.
A"'fellow 'contractor .had :.2~story, brick" walls.' cOllapse:frOm 'briCk disintegration over. a.. 150-year.period.
We'.had-.to rebuild 'a .2'00-year'old house .because it sagged on.its dryStone. basement' that was collapsing
trader,pressure'from a nearby. spring. These are .not uncommon stories.' To owners' and contractors,
these.are Often horror stories. Our experiences could'fill several books.
We.. have' 'worked with.. hundreds" of clients .ranging 'from a limited-income, geriatric, 6thegeneration
small farmer:to the 'wealthiestman..in. America. We admire their gumption, courage 'and sense of
,,';-.-~;.:.',- respo~ib~ty~..., 'Our. 'clients:~have'~;hosen:no:t. to?live in~apam~nt~!ox:. t.ight.;and ~idyiisu~ivisi~ns~:' .Our..::'
-'- ' .:eli~nts...do :n0t."Sit~beld:'deSkS and;-impo~'.~d'ecisions on. their neighborS¥ .':Ohr,. cllent sdo:.not .limit
'~ · - recycling to.. bundling newspapers'.or:bagging' glass'and' cans. Each one values rural!liVing and his: -
· :... ;~ .:,:~, .': · ;. p.r. pper~-. and' has .. had:. the. :best'0 f: intent ions ~. 'if .nOt: a~ .limitless .budget.
;.~?. Most ox~this. ordinance will affect :ruralland .-.individual private property and buildings that are NOT
,,. open'. t0'.: the public; ~IOT. inpublic view. and NDT on the.entrance..eorridors... And. NOT eVenalong
uglY,;gauaY. o'u.t~of~c'ontrOl:29N.. ....
:I'have many. .serious que'stii~ns'.about.the"~lementationof a mandatory ordinance~ and about
imp0Sing"the;"'gl:eate~ g'~od?rule on n0n-Pilblie buildings on.remote prii~ate' pi0perty~
· - On.what. basis do you think that'._.the ~Cotmty office'building personnel'-2. who have no investment.in
:2..priyate. property-- can.' tinderstand, or sh0uld. contr~l .and handle. particular, 'individual restoration.
- ~ .problems'on:~private property9
..... · .Do you .really. think owners,do not .wantto prOtect:their pr0perty's beauty, value and' family assets?
· , Do. you'. really think contractors do: not. want "to 'satisfy. their ~elients' requests in'. every way?.
· ' ~t bUreaucracy will theBoardof. Supe.ryisors create. to impose these decisions on individuals?
·Who will' decide: Which..barn; which. house .or which shed an ..owner. shotrid repair?. And why?
What: expertise or experience 'Will (hisadministrator .bring to the job to make this.determination?
· Under;What:auspices willi someone come'ontO.private rural property: to :survey/appraise. co.nditions?
·~o 'Will: detele what action will be'taken, and.by which contractor?
· ' Who:-will"monitor.orsupervise.theeontracto'r?
· '.: ). ~at:reWardSWill. owners "be offered? ·
-...."'.' .' .Who'. will: 'determine.' 'what. action .' or inaction .will require punishment ?
· " "' What.. is. the punishment ? Bo "M.11.met e'o ut 'that. punishment ?
'* "' Will the .C~unty or .a~trator'take:.any'risks?
I. know".you. are .aWare .that .the.:Bu~ding ,Inspections Department ,operates under limited .parameters for-
Page, 3 -
':restoration.'or preservation. work Aspects. of this ,Work .are.. somet".nnes'exempt from or are: given
-- vari~Ces':ii~cause. building codes can only. measure.or monit0r'thepredictable and measurable. Thus,.
,.. ':' ii ':is. 'n0i "easy, to put CheCkrnarksin'!theusual .boxes~ .. '.No simple' '~st:andard"'fo~' 200~.year ,old
-,i ConStruction: ,and its preservation exists.
This isa hornet's nest~ -.Rather, this' :is. a. txee full. 0fhornet's nests.
:: ~ So, Whoa re the property. owners Who' ,will': be affected by the. ordinance? Where does .this push come
· - .ffom'to!force eitjzens'toZ. do .this w0rk and SpendthiS money? I am'sure that'it is.not coming from:the
peop!e..:who Will be forcetit0 bear,the expense.
.-) Mx.: Bowerman and'M~si Humphris,.is the push coming .frOm your .urban' ring constituents in
denSe. sulXlivisions..ot apartments? They 'Chose .~to live'in 'or near "town but want what they see: from
-'tl~eir' wind6ws to be..agrarian. Yet;.'they'~l never face these decisions, thesehassles, the. resultant
bureaucracy. or the costs;
-) Mr.:.. Martin and Mrs. Tho.mas~ is. the push coming from tho.se of your .constitUents. who also live
-": in those .placeS? Those ~maH farmers or largerlandowners in your districts already strive' to make. the
-- "iand~ productive and to' maintain the value and beauty 'oftheir'properties.
~ /'~:Mr,:perkins'..and: Mr:Dorrieri ,d0ryourcOnstituents want':a .'bureaUcracy.' with no investmem.in
. theirfamily'i property or .its' future 'to' impose"these arbitrary decisions-with .the concomitant expenses?
the loss in'..the past 250-~ years of priceless structures from our heritage. Edicts would not have
-. prevented those' lO, sses. 'Imposing. simplistie ordinances on a complex. issue is NOT the .solution.
'Ho:Wi-is .the:.~greater. good~'. define'C~?i :-Bo.'bene~ts~ andh0w?.-:12..am :reminded.oft_he...man who.-.spoke..at ....
a 'hem'ing.eomp!aining he .wanted'no coiistrUaion'.:oa'Sneigliboring'pr0perty-because'he had 'bought his
one,acre; lot' in order'it0 :walk :his dog on 'the 600 :'~empty" acreS."i~ehind hishome.
The..respect:.'for.liistorie .preservation 'should .be .. an extension and. an expression: 9.f Our. love' for our
home community; We' need'to .eduC'ate .our. populace: on:the impo.rtanee.'of.valuing ..and preserving this
heritage.: Yes, we need .to control::gro'wth~"'No't; hoWeveri-by'making it'imposSible for' a.rural
'iandownert0 make.the best deCisions 'for"the'us~'and maintenance of his land'. Not by jeopardiZing his
-...and' :his family'.s-- ability to .oWn 'the'land.
..... : : Respectfully-submitied,.
.... :', ~ ,.Linda MoOre McRaven
:The.Comprehensive Plan should .s~ate. that Albemarle' County .takes pride in these assets.. The Plan
might .sugge.~. positive :ineent. ives tO. "dO': the :right thing."
HoWever,' n-o': o'rd in:an.ce should :-force ~a :few. ;.ei,tizen. s to bear .the. exOen se of what others .~vo.u. ld ,:!ilie
;.tO:. si~ii;'in::theii;2: diStani:¥ieW~sheds:,
'~ .you fo~ giving these observations and'-op'mions your time and consideration,
...'. =. '..' ....
· ..............'......,..'...5..~ ~~- ~__
~dent McRaven Restorations, Ltd.,
Rtnt~ 810, PO Box 221, Crola~ VA 22932
Tat (aO~) 82~-62~S FAX: ($O,O S2S40~O
TIMELY MEMO
Fo . o S mi ors Mee in of.C to '
I TO: Hou. Chm*Les ~ C!~irmsn~ and Members
Albemsfie Coun~r Board of Supervisors
FROM: Dkk aml Carol Greene
Ringwoml irsrm, Croup, VA. TEL: (804)82~6295
RE: Com.y d A!bemrb ltls~rle Prmrvation Phn
FAX: (8O4) 296-S800
TEL: (so4) 296.s8o
DATE: 0e$ober 115, 1000 TOTAL PAGES: 2
Dear Sirs and Madam:
Unfommm~ly, we ax~ ou~-o£-stat~ for ~c lrealment of a health problem snd must a&h'~ss this issue
by !eiSer.
As f~-ia own~S, laxpayeis, and even as tmwric prese--ationists, w~ an opposed to tho Historic Overlay
DisWict Ordinah~ proposed in the Flis~ric Preservation Plan of the Albemnrle Cottnty ~hensive
Plun ~n its I~mt form, Our 180-acre propaW is in ~he proposed Cr~z~ d~str4ct in tt~ Plan.
We unde~md. eml the plan calls for recognition of 'historic, m~.hi~ m'eheolo~ical~ sad c~t'mral
resources, including in~'d~ siws and diswicts". StsrtinS with abo~t 6O Nstiozml and S~ !..-,,,~,,,rks, it
would in:pnnd to include numerous other structures snd si~ deemed historic now and in the fut~ro by the
vix~k,i~ ix. prompt of Historic Zesomces 6rDHR), An (Architectural) Review Board wo~ld be cumugt
to sivise on the historic ~on aspects of re-zoning~ special use permits, site plazs. and
subdivision plats wiexin or sbultln__~ locally deslimited overlay districts.
Ore' objeai~ns ~ :he proposed Plsu are as follow:
It is so vane that one can only conclude the objeaivo of the Phu is to seem the legimlstion.
(ev.~t-rela~i), architectural, m'ch~logie,~ and cultural". This could in~hde fine hom~,,
modest hoxn~s Cvernacul~'), ~al buildings rangi~ from offi~ buildings to country
v~,ulax~! becao~ it has a:cheoloSical interest, coniributes to ~ setting or "view-shed" of
hiStoriz buildin~ or lies wi,ki,, a nu'al a~-~i.ct. ,4//rqulaaons affect sal~ and valss of
/~r~p~,rt~ - Property owners should know'before passage who will be impaa~ and,
spixi~csny, how.
T~ d~i_gnation of disWire is Wo ~zst ~ ~c/us/~ AI~ alone do~ not malw a buildin~
'~istori~". With district overlay zoiZ8, property owners ~uld b~ subje~tl to l~s~l~y sad
e~m'v~ appljc~on and apl~l processes in order to
~ ~d~ - ~ o~ w~ m g~ a ~i~ out of
~ p~ ~ it ~st ~d ~ ~ of
m ~t ~ ~ ~o~ o~ ~ ~ ~~ ~.
~ ~ s b~ ~ ~ ~ find
~ ~ a ~'s ~. (~ ~ o~
ners~o n~_jv, sad maintain ~nm building. The volantmy Nations] Trust "Barn A~int"
Bran, whi~ states may adopt, offas
~'on, and cen,a~ion of farm bait~ngs, and reoop~zm omsmn4tnS etfons).
Wliat is the cost to ~e ta;eyets of the p:oposed County Historic Prsssn~c~ ~lsn? It
~ms a n~or undsiakinS to monitor and insp~ so msay propenis, oondu~ intsrvi~ws,
sn~e for ~ecamm~od~on, ~y t~hnicil ~xplns. ~e. for so many properties. Over and
ovsr, the Plan nslls for adaiu'o~ pssormd imd gov~mmt ~Xowth - al what cost?
In le proposed Plan, there is ~o c~tg~esswlf4m for ~e b~ of ~ ~ ~
of 1~ ~ vg~ ~ ~ ~om, ~ ~W ~ ~~ p~ is ~ ~ ~
~} ~ geu, ~ no~ ~o~ ~ it ~v~ to ~ ~ve ~ who ~s o~
We are not .gsi~t historic primration, but prof~ that i~ b~ ic~-~lisl~ by ~ ~d
1~ ~ve ~ o~ ~ ~t ~ p~ of a ~ ~1~ ~ ~ ~e ~ to ~
po~ ~ !is ~ ~ ~ ~ ~e of a ~ ~. W ~ ~ yo~ ~ Co~ p~ ~
of~ ~~.
Thank ~,ou.
V e~/truly yom.'s.
CC: Alb~m~ rio County Farm Bttr~au
2
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
NAME (Please print clearly) PHONE NUMBER/ADDRESS (Optional)
~X 15
O('16
1//'17
X 18
~' 19
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v/ 22
23
CPA-2000-04.
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
Historic Preservation (p~. 2)
.ii',:.. ',. ,:,. ., .,.
~,(~[~x''l' V 24 "To'r~ ~,Ac-/-I v7 25 ~
47
Comment to Albemarle County Supervisors
Public Hearing on Historic Preservation
(ktober 18, 2000
Ladies and Gentlemen:
I am A C. Shackelford, President of the Albemarle County Farm Burcart We are
very disturbed that this proposal has the potential for untold harm to our citizens now and
in the future. I have far too many concerns about the Plan as it now stands to express
them all in my allotted time.
But Ithink you are already familiar with our position. We have written to you to
list our objections to the mandatory features of this plan, and we have spelled out in detail
the re,Asions which we consider essential to make it acceptable and our reasons for them.
Quite simply, what we could support is a voluntary program, based on extensive
educational efforts and meaningful incentives toward compliance.
This plan as it is written tramples on our individual rights to manage our own
private property, and it imposes on us financial costs that we can neither afford nor
justify:
It is all very well to say that this is merely a plan, and that without an ordinance it
has no teeth. However, once this plan is adopted, your staff will write an ordinance based
on it. We have seen enough of that procedure to know that the ordinance will be every bit
as restrictive as the plan allows. For example, last September's draft of the suggested
ordinance requires the sale of a building and the land around it to prevent the owner from
tearing it down. We are told that there is no affirmative maintenance requirement, yet the
plan proposes heavy fines for what is called "demolition by neglect."
What we see reflected in this document is a mindset that people are free only to
the extent allowed by those who govern them. It is my concept of our democratic system
that government should protect the rights of its citizens. In the Historic Preservation Plan,
there are numerous guarantees to local government, but the only promise to the individual
is that lthe owner of an historic property may meet with County staff and committee
members before being told that his property is subject to all the requirements of the
ordinance.
I'm sure you intend to be reasonable in enforcing a historic preservation
ordinance, and I believe that the committee you will appoint might also try to use
compassion in their operations. But future boards and committees may not be so
restrained. I urge you to guarantee our future citizens protection from overzealous
bureaucrats. Don't let your legacy be bigger, more intrusive government.
October 18~ 2000
ld//F/ G
Good evening Chairman and Members of the Board:
My name is Carolyn O'Brien. My husband, Peter and I live on the family
farm in southern Albemarle. We are lifelong residents of Albemarle and
our farm has been continuously farmed by the O'Brien family well over
a hundred years.
We are concerned about the future of the farmer in Albemarle County.
The proposed Historic Preservation Plan should be on a voluntary basis~
not a mandatory basis. Who would benefit from a zoning o~dinanceof
.this.magnitude? If the county or any group of people wants to pre-
serve historical property, it should be voluntarily through education
and incentives.
We believe in individual property rights.
Go dictate to us how to maintain our farm.
democracy.
We do not need a committee
After all, we do live in a
Thank you.
Jefferson Area Libertarians
A Local Affiliate Party of the Libertarian Party of Virginia
P.O. Box 274
Free Union, VA 22940
(804) 831-1058 (804) 973-5958
TO:
FROM:
Albemarle County Board of Supervisors
James W. Lark, III
Secretary, Jefferson Area Libertarians
(804) 973-5958
SUBJECT: Comments at the Board of Supervisors meeting, Wednesday, Oct. 18, 2000
Thank you for the opportunity to address the Board this evening. My name is
Jim Lark. I live in the Buck Mountain area of Albemarle County. I serve as the
secretary of the Jefferson Area Libertarians. On behalf of my Libertarian colleagues, I
urge the Board of Supervisors to reject any type of mandatory "historic preservation"
proposal.
Mandatory "historic preservation" is nothing less than the involuntary transfer
of property from its owners to government. Its adoption would allow a tiny minority
to use the county government to impose their aesthetic preferences upon others.
Property owners may be saddled with enormous costs to accommodate a desire by
those preservationists who are unwilling to purchase assets they deem historically
valuable.
The proper way to preserve property that has historical significance is for those
who consider it valuable to negotiate a voluntary agreement with the property owners.
In contrast, mandatory "historic preservation" amounts to the forcible superseding of
other people's plans by review boards and government officials. Mandatory "historic
preservation" is a profoundly improper and immoral use of the power of government,
and has no place in a free society.
In summation, I ask the Board to reject mandatory "historic preservation"
schemes. Thank you for your courtesy and consideration.
Mr. Martin, Members of the Board of Supervisors, Mr. Tucker and Staff.'
My Name is Bob Moorefield, I am an Albemarle County resident and area
president of Suntrust Bank. This evening I appear before you representing the
regional business community. I currently serve as Chairman of the Charlottesville
Regional Chamber of Commerce.
Since you authorized the most recent Historic Preservation Committee in May
1995, we have followed its work and on a number of occasions, we have taken
exception to its work. This is not because the Chamber opposes the concept of
Historic Preservation. The Chamber recognizes the important economic value of
our history and our historical sites in the County. The Chamber recognizes the
need for a proactive plan to elevate the understanding and support for Historic
Preservation among the citizens and stewards of historic assets in the County.
However, our chief concern, and past opposition to your committee's work has
centered upon the committee' s desire, which formalized itself in committee
proposals, for a punitive ordinance for compliance. At the last public hearing, the
Board of Supervisors, quite wisely, agreed to separate all mention of an ordinance
from an intelligent proactive plan for Historic Preservation.
Because of this, and if you follow through on COMPLETE SEPARATION of the
plan from any language involving an ordinance, I have our Board of Director's
permission to appear before you and support this seminal plan for Historic
Preservation so that this may become part of our Comprehensive Plan.
We support all voluntary measures of historic protection. We support all efforts
to educate our neighbors to the value of local history. We support freely
negotiated public/private alliances for preservation and we believe that tax
exemptions, grants, and the purchase of historic properties and easements have
value as well.
So tonight, provided you forward a plan WITHOUT REFERENCE TO AN
ORDINANCE, we fully support a plan that places the primary emphasis on
education and incentives.
Later, if the County wishes to explore an ordinance, we also ask that you populate
any committee considering such language with representation from the business
community, especially from agribusiness and tourism. Our Chamber stands ready
should this next step present itself, to make appointments to such a committee.
Thank You
Association of REALTORS®
550 Hillsdale Drive ~EALDTO~
Charlottesville, VA 22901
Telephone 804-817-2227
Fax:-804-817-2836 ®
Wednesday, October 18, 2000
Public Heating on the Historic Preservation Plan
Mr. Martin - Members of the Board
My name is. Rives Bailey, a resident of Albemarle County and President of the Charlottesville Area
Association of REALTORS®.
Preserving the beauty of Albemarle County and its historic sites contributes to a successful real estate
industry. Homebuyers considering a move to the County are often greatly influenced by' the beautiful
estates that can be seen as I drive them through Albemarle County.
I have worked with buyers in the past that wanted to live in a historic property and I have personally lived
in an old home. It has been my experience that purchasers looking for this type of property understand the
significance of their property and are exceptional stewards.
While it continues to be a high priority to preserve the historical nature of our community, it is far more
important to preserve the fundamental roots of our democracy - private property rights.
Thomas Jefferson once wrote" The right to procure property and to use it for one's own enjoyment is
essential to the fi'eedom of every person, and our other rights would mean little without these rights of
ownership."
I urge you to adopt a plan that stresses education and incentives for preserving our historic sites, but does
not infringe on our private property rights. I urge you to remove ALL references to an ordinance and adopt
the rest of the plan so we can start moving forward.
President
Charlottesville Area Association of REALTORS®
RivesB~aol.com
(804) 973-5393
REALTORS® iS a registered collective membership mark which may be used only by real estate professionals
who are members of the NATIONAL ASSOCIATION OF REALTORS® and subscribe to its strict Code of Ethics.
October 18, 2000
Members of the Board of Supervisors
My name is Doug Kingma. I am representing the Blue Ridge Home
Builders Association.
We are here to express our support for a Historic Preservation Ordinance
which is only voluntary. We stress 'voluntary' in both the Plan and any
future Ordinance for one very simple reason - it is the only fair thing to
do. Any Ordinance which imposes restrictions on a property owner's
rights will have a financial impacL It is absolutely unfair to take an
owner's rights without compensation.
To put it another way; if we, as a society, believe a property to be worthy
of preservation; then we, as a society, should be willing to pay the cost to
preserve it. Any program with restrictive covenants would place our
collective benefit unfairly on the shoulders of the individual property
owner.
We strongly suggest that you adopt a plan that stresses incentives for
owner participation.
Sincerely,
Doug Kingma
Govermental Affairs Chair
2330 Commonwealth Dr., Ste. 100, Charlottesville, VA 22901 804/973-8652 fax: 804/978-4927 brhba~brhba.org http://www. brhba.org
Affiliated with the Nat ional Association of Home Builders and the Home Builders Association of Vixgir~ia
CALAC
Charlottesville Area Legislative Action
Management
Committee
Carol Clarke
Chair
Sam Craig
Treasurer
Jane Dittmar
Katie Hayes
Doug Kingma
Dave Phillips
Ivo Romenesko
Dave Rothwell
Frank Stoner
Vice Chair
Ex-Of~cio Members
Deborah van Eersel
Don Wagner
Government Affairs
Director
Bob Watson
Administrative Assistant
Nancy Stetson
Testimony to Albemarle County Board of Supervisors
Public Hearing October 18, 2000
Historic Preservation Plan
I am not here this evening to discuss the merits of preserving our historic resources.
Preservation of these resources is a fundamental given that should be endorsed by everyone
who is dedicated to protecting Albemarle County's special ambiance.
At issue is the methodology of protecting those resources, most of which are unidentified and
privately owned.
There are two major ingredients in that methodology. Trust and Fairness.
First --- Trust
I believe it would be accurate to say that if asked, your constituents would be in favor of
protecting Historic resources. But I'm sure you realize that the vast majority have not read
the plan, and those that have are split between support and opposition. You should trust your
constituents who own historic properties to do the right thing. With proper education and
, meaningful incentives, they will make prudent decisions without mandatory governmental
controls. Trust those who elected you, as they trust you to protect their rights.
Second --- Fairness
In your work session on August 2"d, it was your consensus that the plan was to be considered
separate from the ordinance, which was to follow later on a distinct and separate path.
It doesn't seem fair to allow the perception of separativeness in the public eye and yet have
the plan contain a footnote on pg. 38 that calls for a mandatory ordinance.
We urge you to remove that footnote and let those who wish to promote mandatory controls
do so when the ordinance is being considered at a future date.
That would provide a level playing field and would be fair to both sides of this issue.
The most important action is to enact a plan that promotes education and incentives, and is
fair to all parties.
Above all trust your constituents.
Respectfully submitted,
Robert F. Watson
Government Affairs Director
Charlottesville Area Legislative Action Coalition
0145
550 Hillsdale Drive, Charlottesville, VA 22901 · Phone (804) 81 7-2380 · Fax (804) 81 7-2836 · Email: calac@calac.org
A coalition of the: Blue Ridge Home Builders Association · Charlottesville Regional Chamber of Commerce · Charlottesville Area Association of REALTORS~
CALAC
Charlottesville Area Legislative Action Coalition
Management
Committee
Carol Clarke October 18, 2000
Chair
Sam Craig
Treasurer
Jane Dittmar
Mr. Martin - Members of the Board
Katie Hayes
Doug Kingma
Dave Phillips
Ivo Romenesko
Dave Rothwell
Frank Stoner
Vice Chair
Ex-Officio Members
Deborah van Eersel
Don Wagner
Government Affairs
Director
Bob Watson
Administrative Assistant
Nancy Stetson
My name is Carol Clarke, Managing Partner of Montague Miller Realtors and Chair of the
Charlottesville Area Legislative Action Coalition. I live in the North Garden Area of
Albemarle County, in the Samuel Miller District, and have two structures on our property,
which may be considered historic.
It is CALAC's position that historic properties should and can be protected by a plan that
educates owners as to why they should voluntarily enter a preservation program and provides
incentives for them to do so.
The proponents of the plan, as currently written, say that incentives do not work. Our
response is that the incentives need to be created to the strength level at which they will work.
If the property owner's sacrifice is properly compensated for by meaningful incentives, the
property owner will willingly agree to preservation. The cost and sacrifice to the individual
property owners should never be allowed to be greater than that cost to the general public
which derives benefit from the preservation. With this fundamental approach, the plan should
and can be effective by providing proper incentives to the individual property owner.
But the real issue facing you today is one of fairness. The Historic Preservation Committee
has stated that only the Plan is being considered - yet the Plan strongly recommends a
mandatory ordinance. It is, therefore, fair to all parties to remove that language from the plan
on pg. 38 and consider all aspects of a proposed ordinance when it is finalized.
Thank you for your attention to enact a plan that is fair to your constituents and is sound
public policy.
Respectfully submitted,
Carol Clarke
Chair
Charlottesville Area Legislative Action Coalition
0148
550 Hillsdale Drive, Charlottesville, VA 22901 · Phone (804) 81 7-2380 ° Fax (804) 81 7-2836 .. Email: calac@calac.org
A coalition of the: Blue Ridge Home Builders Association · Charlottesville Regional Chamber of Commerce ,, Charlottesville Area Association of REALTORS®
May 10, 2000
Albemarle County Historic Preservation Committee
Department of Planning and Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Ladies and Gentlemen:
For several years the members of the Albemarle County Historical Society
have watched with interest the efforts at creating a historic zoning ordinance for
Albemarle County. Because the Society' s mission lies in preserving and promoting
our local history, the Society views the current proposed Albemarle County
Preservation Plan as a policy issue central to our mission. The Society also
recognizes that our membership comprises local residents with diverse views on the
proposed Preservation Plan, as well as residents of localities other than Albemarle
County. The Board of the Society has reviewed the proposed plan and urges each of
its members to give the plan careful consideration.
The Society would like to thank the county:
· for recognizing the importance of historic preservation as a legitimate public
policy concem;
for responding to the Comprehensive Plan goal of protecting historic resources
by developing a proposed Historic Preservation Plan2 'TIcisn't'goal has been a part of
the county' s official Comprehensive Plan for over twenty years;
and for clarifying in the public mind that at present no legal protection for
historic properties exists in the county. Many people mistakenly think that
placement of properties on the Virginia Landmarks Register and the National
Register of Historic Places offers protection against alteration and demolition.
This protection can only be accomplished through local government measures.
Page 2
Albemarle County
Historical Society
The Society found the following points commendable about the proposed plan:
it does not rely solely on regulatory measures to encourage protection of historic properties.
it incorporates information concerning the positive economic impact of historic preservation
activities.
it places a strong emphasis on educating the public about our local historic resources to encourage
voluntary action.
it aims the proposed ordinance primarily at preventing demolition or irreversible exterior changes to
historic structures, rather than focusing on details which do not have a permanent impact.
it develops an ordinance which meets requirements of the Certified Local Government program, a
designation which would make the county eligible for matching grants to further local preservation
efforts.
it avoids unnecessary additional bureaucracy by adding members to the county's existing
architectural review board rather than creating a separate board. The existing review board,
established in 1990 to implement Entrance Corridor Overlay zoning, would also carry out the
provisions of a Historic District Overlay ordinance.
The Board of the Society cannot presume to speak on behalf of its membership on this issue, but
does encourage its members to learn about the proposed plan and actively express their own viewpoints
through participation in the public hearing process and by communicating with the Albemarle County
Planning Commission and the Board of Supervisors.
Sincerely yours,
Edward Gaynor
President
To: Albemarle County Board of Supervisors
Re: Historic Preservation Plan
Date: October 18, 2000
From: League of Women Voters
Since 1971, when the League supported the expansion of the city's
historic district, we have continued to urge the adoption of a historic
preservation plan and its' inclusion in the county's Comprehensive Plan.
Tonight we ask that you amend the Albemarle County Comprehensive
Plan with an updated and expanded historic preservation plan.
My name is Brent Nelson and I live at 214 South Street in Charlottesville. I am here
tonight as a native of this area and a member of a family who have lived continuously for
many generations both in Charlottesville and Albemarle County. I am here as a resident
and property owner for 15 years in an existing Historic Preservation Overlay District
located in Charlottesville. And I am here as someone who works everyday in the
development community.
I would like to express my support for the incorporation of the proposed Historic
Preservation Plan into the Albemarle County Comprehensive Plan as presented and with
all provisions intact. It is important to remember that there are no effective voluntary
historic preservation ordinances within the State of Virginia. What you have before you
tonight is a five year, closely scrutinized effort to find a way to manage growth
responsibly, fairly, and to accommodate growth so that it does not destroy our historic
resources. It is alarming how quickly they can be destroyed by unmanaged growth. I
know first hand, because the Albemarle of today hardly resembles the Albemarle of my
youth.
We truly are the sum of our parts. Each time we allow an historic resource to be
destroyed either with a demolition permit or through demolition by neglect, we chip away
at the very fabric of our community which provides us with our sense of place, and the
continuity and connection that we feel with it.
It is absolutely critical that we educate the community about the value of historic
resources and the benefits that they provide our community. One of the biggest problems
that we face is the misunderstanding about what it means to be in an historic district. By
implementing the actions and recommendations shown in this plan, you have an
opportunity to show once again that Albemarle County can act as a leader within the
State of Virginia. I hope that you will not allow the property rights hysteria generated by
some groups to overshadow the facts and intentions of this proposed plan. Planning
Commission member Jared Loewenstein expressed it well earlier this year when he said
"at some point social responsibility overtakes individual rights."
Albemarle Co. Historic Preservation Plan
Comments from Citizens for Albemarle: October 18, 2000
My name is J. J. Murray, and I am speaking on behalf of Citizens for Albemarle.
We have always taken the position that historic preservation contributes to a sense of
place and a sense of community continuity over time. Our historic buildings and
landscapes are important elements of a viable society, elements that are eroded by Ithe
transitory character of so much of modern life. Thus historic preservation wakes a
significant contribution to the common good. At its meeting on 24 May 2000 the Board
of Directors therefore voted to endorse the recommendations of the proposed Historic
Preservation Plan, including the creation of a Historic Overlay District Ordinance.
If there is anything on which the citizens of Albemarle County as a-whole can
agree, it is that the historic buildings and landscapes of the County deserve more
protection than they curren~y enjoy. It is clear that the present state of affairs is
unsatisfactory. We have lost more than sixty important sWtK~mres over the last few
decades, some of them of them on the State and National Registers for Historic Places.
So much for voluntary conservation.
I am afraid that I have already bored the Planning Commssion and the Board of
Supervisors in the past with my own personal history, but it is quite apposite in _this
case. I live in one of the original farmhouses of the Can' family, and it has both
historical and architectural interest, as you may have seen if you have picked up
Professor Lay's new book on county architecture. We bought the house at a time when
it belonged to an out-of-state developer. Having stood empty for a number of years it
was in terrible condition, and another potential buyer wanted to tear it down in order to
rebuild on the same site. Now there is absolutely nothing to keep me from doing just
that. Therefore I see no alternative to an ordinance with some teeth if we are to prevent
the loss of our beritage. At the least it must be drawn to prevent demolition of historic
properties without due process. I am quite willing to give up some of my personal
property rights in order-to achieve the greater. good of protecting the historic heritage of
the County.
To return to the Plan, CFA applauds the emphasis on documentation, monitoring,
and education. Also, we recognize that the proposed incentives program is vital to the
acceptance of the Plan by the citizenry. If the Plan is seen, as indeed it is, as a
public/private partnership beneficial to all parties, then accep~nce of its alms and means
should be a foregone conclusion.
Piedmont Environmental Council·
Prornotin,c3 and protectin,q the: Piedn-~ont:,~ rt?ral econotny, nc~turcH rc?,qo~rces, history and buat~y
Albemade County's Proposed Historic Preservation Plan
Statement to County Board of Supervisors October 18, 2000
My name is Jeff Wemer and I am here representing the Piedmont Environmental Council. The PEC
Supports this Plan and we encourage you to vote in favor of approval. Since 1972, the PEC has promoted
the preservation of the Piedmont's rural heritage. Locally, in partnership with the Southwest Mountain
landholders, we worked to get the Southwest Mountains designated on the National Register of Historic
Places and in getting Scenic Roadway designation for Routes 22 and 23 1.
· As a representative of the PECs members in Albemarle County, I urge you to approve this Plan.
I think it is important that I emphasize not only the PEC's credentials on this topic but also my own. I am,
I believe, in a unique position to comment on the implications of this proposal. My academic studies have
specifically focused on Historic Preservation. I spent 12 years in the construction industry where I had the
privilege to be involved in numerous projects on historic sites and properties. I also own a historically
designated home in downtown Charlottesville. From a perspective that is based on extensive academic,
professional and personal experiences, I urge you to approve this Plan. My background has led me to a
concrete conclusion about historic preservation.' Not only is it good for the community, as it promotes and
preserves our own past, but it is quite simply good business. It is good for the local economy and is good
for the property owner. It is good for the construction industry and it is good for the tourism industry. It is
good for students and it is good for teachers. It is good for today's generation who seek to understand who
the~ are and what has shaped their world.
On Monday, I was in Fredericksburg and I had a chance to walk the battlefield and view it from Maryes
Heights. I urge anyone who doubts the importance of our past to go there. From an extraordinary
vantagepoint above the town I looked across the Sunken Road and down into the killing field where
12,500 Union soldiers were killed in 2 days of fighting on a battlefield no more than 400 yards wide. The
site should have had a greater impact on me than it did, for what I looked down on were a road,
lumberyard, a body shop and an assortment of warehouses. Leaving Frederisckburg on Route 3, I wanted
to see the Salem Church where in a battle a year later the casualties of both the north and south were in
the thousands. I found the church but no battlefield. The site was in the middle of a commercial strip
center. Imagine the McDonalds on our own Route 29 across from the Fashion Square Mall--that's what
this site was like. I left wondering--is this what history has become to us?
The task of weighing the sides of this argument is ultimately yours. As I am sure you are aware, in 1978
the United States Supreme Court decided that a historic preservation program is not a violation of
Constitutional rights. I am hopeful that as a deciding body you see the merits and benefits to this
community that this Plan represents.
; ~'5 :i~";:;:i 25~' !2 :T:~!~;;;;;; !; EO. Box 460 -Warrenton, Virginia, 20188 540;347-2334 Fax 521-0-349-9003
I I 11 Rose Hill DriVe · Suite One · Charlottesville, Virginia · 22903 · 804-977-2033 · Fax 804-977-6306
130 West Main Street · Suite 2o6 · P.O. Box 266 · Orange, Virginia 22960 · 540-672-0141 · Fax 540-672-6265
October 18, 2000
Preservation Piedmont
Friends of the Union Church
Statement re: Proposed Historic Preservation Plan for Albemarle County
Good evening. I am Jodie Webber, here (along with Ashlin Smith) to represent two
groups: Preserva(ion Piedmont, a non-profit group of 80 members dedicated to the
preservation of locally significant historic buildings and their settings, and the Friends of
the Union Church, which is a small preservation group in Earlysville. I would also like to
add that I am a native of Albemarle County and grew up on a farm in a house that dates
back some 200 years.
The members of both of these groups have asked me to express their strong support for
both the proposed Historic Preservation Plan and proposed Ordinance. We feel that
historic buildings offer very special and unique physical links to our past that nothing
else can provide. There are no replacements for historic structures, and when6ver one is
destroyed, a piece of our common cultural history is forever gone. By providing a visual
connection to our roots and heritage, historic buildings significantly contribute to
everyone's quality of life and should be seen as community resources. Effective
safeguards are needed to protect what is important to all of us.
Located in the heart of Earlysville, the old Union Church building is a case in point. It is
a rare surviving example of early 19th century public architecture of the rural Piedmont,
but five years ago, the property was in imminent danger of being sold and destroyed to
make way for a car repair garage. Thanks to the intense efforts of a handful of concerned
residents, today the old grounds are once more the setting for various comm.tmity events
throughout the year. It is listed by both the State and National Registries of Historic
Landmarks, but neither designation could have saved the building from destruction. Our
local treasure was nearly lost because nothing exists to protect it. Other fine old
:buildings, lacking active advocates willing to get involved, have not been so forumate.
The proposed Historic Preservation Plan, and especially the proposed Ordinance, offer a
comprehensive, balanced and fair means to identify and protect irreplaceable historic
resources. Neither proposes to require maintenance or regulate land use or free standing
construction, and even allow demolition as a las~'.resort, thtis providing safeguarding of
property rights. We therefore urge approval of this very reasonable proposal.
October 18, 2000
TO: Board of Supervisors
To me, this Historic Preservation Plan in like signing a blank check.
The Plan, with all its. regulations and restrictions, discriminates against
farmers and low and moderate income property owners. As it could cost
hundreds of thousands of dollars to maintain their property, many owners
would be forced to sell. When are the owners of the 2000+ buildings and
400 sites going to be notified? When will they be made .known to the general
public?
Historical preservationists are a minority but are highly vocal. A lot
of people do not think the County will make them maintain their property
if declared historic; therefore they make no comments.
Albemarle County likes the dollars from tourism but it is not a clean industry
- pollution from automobiles and buses plus overcrowded roads. By encouraging
visitors you are also encourage more people to move into the area.
Thank you,
Robert A. Hogue
3722 Dick Woods Road
Charlottesville, VA 22903
DtS, TRJBUTF---D TO BOARD
October 18, 2000
TO: Board of Supervisors
Instead of trying to figure how to spend the surplus, don't you think money
should be saved to clean up the landfill on Broad Axe Road? EPA says County
officials are responsible for this landfill.
Also, there is the matter of the $2 millon cost overrun on the Juvenile
Detention Center. Shouldn't money be set aside for this? Does anyone
in the entire County Government take responsibility for this huge cost
overrun? Cost estimates come up short on a regular .basis - is this on
purpose?
Instead of always trying to spend funds, why not figure a way to cut spending.
Thank you,
3722 Dick Woods Road
Charlottesville, VA 22903
A Community Association
Earlysville Area Residents' League
P.o. Beat684
Eadygv~le, VA 22936
October 18, 2000
Albemarle County Board of Supervisors
401 Mclntyre Road
Cha~ottesville, VA 22902
Dear Members of the Board,
I represent the Earlysville Area Residents' League. In their most recent
membership survey, the members of the Ea~ysville Area Residents' League
cited the rural quality of life as the number one attribute they loved about their
community. Many historic resources in Earlysville contribute to preserving the
rural atmosphere.
In the interest of discovering information about our historic resources and
developing equitable methods of preservation, we heartily endorse the adoption
of the Historic Preservation Plan.
The Plan is just the beginning, to allow a consensus of support for Historic
Preservation to grow. There are many avenues to bring about Historic
Preservation, which we as a community have not yet explored which may ease
the concerns of those currently in opposition. Perhaps a Historic Easement,
similar to a Conservation Easement, could be purchased or donated to
equitably protect the County's most precious or most threatened resources.
We do not have an unlimited supply of these resources nor can they be replaced
when they are destroyed. Historic resources have value to our culture and to our
economy, as residents and business people in Williamsburg can testify.
We are grateful for the five years of work contributed by the Historic Preservation
Committee. I urge you to adopt the Historic Preservation Plan in order for this
work to continue. Let us see what will develop.
o,,,,
Sincerely,
Leo Mall~k, D. M. D.
Presiden:-Elect 2001
STATEMENT FOR THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY
Concerning Historic Preservation and the Cotmty's Proposed Preservation Plan
October 18, 2000
Paul R. Brockman, a resident of the Samuel Miller District
Let me begin by congratulating all of the citizens and county staff members who were involved in putting together the
preservation plan that is before you; and most especially for ennumerating the buildings and sites in this county which
merit preservation for their historical significance.
When this plan was before the Planning Commission earlier this year, I noted that there was one preservation technique
that was not in the plan. In a sense, it could not have been in the plan, for the means for employing that technique did
not exist. Given that situation, I promised the Commission that, if they recommended the plan to you, I would provide
the missing preservation element.
That missing element was a private, non-profit, 501 (c 0 ) corporation empowered on the one hand to accept and
administer preservation easements for historic buildings and sites, in return for the significant Federal and State income
tax incentives that accompany the voluntary donation of such easements. On the other hand, it would be the custodian
of a voluntarily contributed revolving fund that would be available to intervene in the acquisition, restoration and
preservation of at least some threatened historic properties. In many respects, it would be analagous to the Piedmont
Environmental Council---that group's concern being open space, while the missing element's concem would be
historic buildings and sites.
I am happy to advise you that this element is missing no longer. Its formation is in process; its incorporation should be
completed this week. It will be filing for IRS recognition, which it expects wilt be routinely forthcoming, since it has
been chartered in accordance with IRS guidelines for such organizations. It will be announcing soon that one of this
region's foremost preservation authorities will serve as the Chairman of its Board of Directors. And it will be
launching three major efforts: first, to solicit individual memberships and corporate support for its operations; second,
to solicit voluntary preservation easements from the owners of historic properties; and third, to raise the capital needed
for an effective revolving fund.
The report that accompanied the plan last spring said that the voluntary approach to preservation has never worked in
Virginia. That conclusion was less than fully informed. Historic Falls Church, Inc., which I founded with the help of
my neighbors in that city some 25 years ago, has ( 1 ) saved the City's most historic house; (2) obtained easements on
over 15 other significant properties in a City that is only two square miles in size; (3) by the strategic use of its
easements and revolving fund efforts, saved the historic character of the streetscapes from the city's center to its
northern and eastern borders; (4) placed the faCade control decisions on its easement properties fully in the professional
hands of historic architects, free of politics; (5) provided over $5 million in income taxrelief to its easement donors; (6)
upgraded the architectural quality of properties bordering its easement homes; (7) done this without the need for a
single dollar expenditure of City funds; and (8) done this in a City that has had no preservation plan except for an
"inventory" of sites that would be nice to save. It has done this in a City that for most of its lifetime would not lift a
finger to help preserve anything except the one historic house that is on City property.
I had the privilege to manage that company's efforts for three years, before turning its operations over to others. I
expect to do the same thing in this region, where greater needs for this approach exist. We have staked out an initial
area of concern that includes not only Albemarle County, but also the City of Charlottesville and the neighboring
counties of Orange, Greene, Louisa, Ftuvanna, Nelson, and Amherst. We intend to cooperate with every other
preservation organization in this area that will cooperate with tks.
Again, as the incorporator and a director-nominee of Preservation Central, Inc., as the new organization is being
named, IRS' s regulations essentially prohibit me from lobbying relative to the plan before you. It is my purpose simply
to inform--to let you know of the emerging existence of this new preservation Wok I have found it interesting, as I
have discussed the mission of Preservation Central, Inc., that at least some individuals who have reservations about the
plan before you, and especially about the mandatory overlay district controls, have told me that they find our voluntary
aspects to be attractive.
As a final bit of information for you, I would stress that your designation of properties worthy of preservation is vital to
our effective functioning; for the determination of what properties wilt qualify for the tax benefits of preservation
easements depends on the public designation of properties worthy of preservatiOn for historic reasons.
Thank you for your time and attention.
HISTORIC PRESERVATION PLAN
Prepared by the A!bemade County Historic Preservation Committee
September 2000
This item was scanned under land use reports 2000
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing FY01 Budget Amendment
S U BJ ECT/P Re POSAL/REQU EST:
Public Hearing to receive input on a $6,329,0563 amendment
to the FY01 budget.
AGENDA DATE:
October 18, 2000
ACTION:
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
INFORMATION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, White
BACKGROUND:
ATTACHMENTS:
REVIEWED BY:
At the September 20u~ meeting, the Board was apprised of the preliminary FY00 year end revenues and expenditures, which
confirmed a healthy revenue surplus of approximately $5.1 million, mainly attributable to the robust economy, and an
expenditure savings of $1.5 million. Although total general fund revenues came in approximately 4.6% over our January,
1999 estimates, the Department of Finance had anticipated revenue surpluses based on the economy and increased
construction. These additional revenues are consistent with the surpluses that are being seen in other localities around the
state, as well as the state and federal government, e.g. Henrico County, 4.65%; Arlington County, 3.89%; Loudoun County,
13.21%.
Having completed this preliminary review, requests were presented to the Board for reappropriation in the amount of $6.329
million, $0.915 million for FY00 incomplete projects, in addition to approximately $5.4 million in identified one-time needs
in both the operating and capital funds.
The Board was also apprised of a state code section requiring a public hearing for a budget amendment if the additional
funds are greater than 1% of the budget or $500,000, whichever is less.
DISCUSSION:
Attachment A shows the overall FY00 $6.63 surplus, comprised of the $5.1 revenue surplus and the $1.5 expenditure
savings. Approximately $0.217 million of those anticipated revenues were used to balance the FY01 budget during budget
worksessions. After that is subtracted from the surplus, available revenues are $6.4 million.
In looking at the expenditure request, the first use of the end of the year revenues is to fund $371,200 in outstanding
purchase orders and $543,449 for incomplete projects that were appreved or under contract in the FY00 fiscal year. The
next category is for $299,675 to fund one-time projects that were reviewed by the Board during the FY01 budget
worksessions and recommended for funding if carry-over funds were available at the end of the year. A list of these
projects can be found on Attachment B and a description of the projects can be found on Attachment C.
The remaining requested projects are considered new, because they have not been formally part of the budget process,
although many of the needs or projects are known to the Board through other worksessions or discussions. These new
projects are broken into two categories: $577,205 in one-time projects in the operating fund and $4.5 million in capital
projects in the capital fund, which includes $2 million to be held in a capital reserve fund. Attachment B provides a list of
these new projects by operating and capital funds, as well as by the major functional areas. Attachment D provides a brief
description of the new projects, also sorted by operating and capital funding needs.
RECOMMENDATION:
No action is required at this time. The information is provided for the Board's information for the public hearing and future
worksession. Copies of the attachments have also been made available to the public.
00.221
Budget Amendment Public Hearing - October 18, 2000
Available Resources
FY00 Prelliminary Excess Revenues
FY00 Expenditure Savings
Total FY00 surplus
(less surplus already used to balance FY01 budget)
Net available Surplus
Estimated Expenditures
Outstanding FY00 Purchase Orders
Reappropdations for FY00 uncempleted projects
Projects recommended for carry-over in FY01 budget worksession
Operating Fund Projects
Capital Fund Projects
Capital Reserve
Total Budget Amendment Request
Fund Balance Remaining after Budget Amendment
371,200
543,449
299,675
577,205
2,537,527
2,000,000
$6,329,056
$5,083,985
1,549,611
$6,633,596
217,019
$6,416,577
$6,329,056
$87,521
Proposed Budget Amendment
$6,32s,0s6
Pdor Yr. (FY
.... -...._ .- _ -. 00) Projects
· '.'.'.' .'.'.'.'.' ....., 14%
.':':':':':':':':':':" Cun'entYr. (FY01)
'::i:i:!:i:i:i:!:E:i:i:i
72% ' ~""" .........' .............9%
Capital Funds ================================= .'~':'~. Operating Fund
, i ii ;; :,;::: ii::.: i~i,~ :i::;i.~:i!:i~!:::~:i:!!ii:::i:~
ATTACHMENT A
ATTACHMENT B
Summary Listing of New Projects
Operating Funds
Administration
HR
Finance
Finance
,Finance
HR
County Art
Registrar
Subtotal Administration
Judicial
Clerk of Circuit Court
Circuit Court
General District
Subtotal Judicial
Public Safety
Police
Fire/Rescue
Subtotal Public Safety
Engineering/Public Works
Engineering
Request
HR/payroll system
Financial Management System
Financial Advisor
Real Estate Assessment Expenses
Customer Survey
County Attorney - temporary wages
Presidential Election Expenses
Office Renovation
Legislative Redistdcting Expenses
Part-time wages
Repair/Maintenance office equip
Record Binding
Office Supplies
Copy Expenses
Machinery Replacement
Furniture Replacement
Digital recording equipment
Various projects
Underwater Recovery
Police Patrol
Animal Control
Firearms Training Unit
2 Thermal Imaging Cameras.
Tipping Fees
Hydrogeologic Study
Consultants
Mail & Allocator system
Subtotal Engineering/Public Works
Parks/Recreation Howardsville River Access
Human Development Replacement Vehicle
Community Development
Planning
Part-time wages
Contract Services
Development Ares Study
Data Processing Software
Zoning Replacement work station
Photographic equipment
Office equipment
Replacement vehicle
Extension Service Part-time wages
Subtotal Community Development
Total Operating Funds
Capital Funds
Property Acquisition
Relocetion/Renovations
Social Services Move
Board Room Renovation
Registrer's space
COB security system
Subtotal Relocation/Renovation
Public Works Projects
Subtotal Public Works
Stormwater Drainage Projects
Transfer to dp- various projects
Highways Meadowcreek Phase I design
Parks and Recreation
Scottsville roof
Towe Bermuda grass field
Subtotal Parks/Recreation
Juvenile Court Renovations
Capital Reserve Fund
Total Capital Funds
New Projects
Supported in FY01
Adopted Budget
24,994
10,948
4,800
10,836
51,57=====,=~8
13,430
6,110
1,869
2,110
34,000
57,519
50,000
20,000
70,000
100,000
19,500
1,078
120,578
299,675
New Projects
Recommended
60,000
190,000
30,000
20,000
15,000
315,000
5,200
1,000
1,000
1,500
1,000
8,300
1,700
6,500
1,360
27,560
25,000
30,000
20,000
24,000
99,000
12,545
19,000
27,000
44,000
20,000
1,100
2,000
2,000
8,000
104,100
577,205
1,200,000
276,000
75,000
30,000
40,000
421,000
100,000
500,000
600,000
140,000
150,000
12,000
162,000
14,527
2,000,000
4,537,527
Attachment C
Reappropriations 1999/2000
Brief Descriptions of New Projects
Section 1 - New Projects Supported in FY01 Adopted Budqet
Engineering & Public Works
· Mail & AIIocator Machine Replacement ($20,000) - Supported funds will be used to replace the present mail-
processing machine which has exceeded its useful life and requires frequent maintenance.
· Hydrogeologic Study ($50,000) - Supported funds will be used to conduct a hydrogeologic study within the
watershed of the South Fork Rivanna Reservoir. This study will furtl~er develop an understanding of groundwater
resources as they relate to existing and possible future development, ~particularly in areas where there is sole and
intensive reliance on groundwater for household water supply. The current request of $80,000, based on a more
definitive scope of work and cost negotiations with the top ranked consultant, is $30,000 higher than supported in the
FY01 Budget. :
Finance
· Real Estate Reassessment Expenses ($24,994) - Funds supported for additional over time wages, printing and
binding, postal services and long distance telephone expenses associated with the 2001 reassessment.
Planning
· Contract Services ($100,000) - Funds supported for Planimetric Mapping ($100,000).
Zoning
· Inspections - Replacement Vehicle ($19,000) - Funds supported to replace a building inspection truck with over
100,000 miles. Maintenance records and experience with the type of Usage that these vehicles receive, indicate that
replacement at this point is necessary. Supported amount includes increase in insurance costs for a newer vehicle.
Fire/Rescue - Operations :
· 2 Thermal Imaging Cameras ($34,000) - Funds supported for two thermal imaging cameras. These cameras allow
fire fighters to see through dense smoke to assist in locating victims asi well as fire hidden in walls, floors and ceilings.
Reqistrar
· Presidential Election Expense ($10,948) - Supported funds for addi[ional part-time wages, election officials, printing
and binding, advertising, postage and other expenses associated With the 2000 Presidential Election. Increased
expenses are anticipated due to historically higher voter turnout for presidential elections.
· Office Renovation ($4,800) - Funds supported for redesign of work space in County Office Building. However, due
to relocation of Registrar to DMV, these funds will be used to adequately prepare the new space.
· Legislative Redistricting Expense ($10,836) - Funds supported! for additional over-time wages, advertising,
mileage, temporary help and postage associated with the legislative redistricting following the April 2000 census.
Police Department
· Underwater Recovery Team ($13,430) - Funds supported include six spare air tanks ($1,000), two full face masks
with communications unit ($6,000), two complete dry suits ($4,000), four pairs of coast guard gloves ($80), one
underwater camera ($1,000), three lift bags ($1,350).
· Police Patrol ($6,110) - Supported funds include six large OC foggets ($210), twenty five rolls crime scene tape
($500), two hundred small traffic cones ($400), ten digital cameras ($5,000).
· Animal Control ($1,869) - Funds supported include three dog raps ($780), four pairs of leather handling gloves ($80),
four fencing tools ($100), four livestock halters ($200), snake tongs ($69), four sets bolt cutters ($100), four
thermometers ($20), four leads for livestock halters ($320), four cat tongs ($320), four fencing kits ($120).
· Firearms Training Unit ($2,110) ~ Funds supported include an air compressor ($200), hand truck ($100), tool box
and assorted tools ($200), twelve uniform ants ($360), fifteen f rearms training video tapes ($250), and a remotely
fired handgun ($1,000).
VA Coop Extension Services
· Part-time Wages ($1,078) - Funds supported for additional part-time'clerical assistance.
C:MMy Documenta~newprojectfinalr.doc
Attachment D
Budget Amendment Public Hearing - October 18, 2000
Brief Description of New Projects
OPERATING FUND
Administration $315,000
· HR/Payroll System ($60,000) - Funds to replace the County's 18-year old mainframe Human Resource/Payroll
software. Technology is demanding that the County move toward a network environment and away from mainframes
and the current system is becoming increasingly expensive to maintain and will soon be obsolete. Total anticipated
cost for this project is $350,000. During FY00 approximately $187,000 of costs for licenses, support/maintenance,
training and implementation has been shared by Finance and Information Services (IS) out of their approved
operating budgets. During FY01 Finance and IS expect to contribute approximately $103,000 from current savings in
their budgets. The remaining need of $60,000 is recommended to be funded from carryover.
Financial Management System ($190,000) - Replacement of the County's mainframe financial management system,
which was developed by Newport News in 1982. The system has been modified substantially to accommodate
reporting requirements and mandated changes, but the current technology is out of date and this replacement
software will move the County from the mainframe to the required network technology. Total anticipated cost for this
project is $250,000. Other entities attempting to move in the direction of new integrated systems are experiencing
even greater costs, e.g. UVA, $55 million, Charlottesville, $2.7 - $4.9 million, Virginia Beach, $7.8 million. Finance
and Information Services (IS) expect to contribute approximately $60,000 from their current year budgets. The
remaining need of $190,000 is recommended to be funded from carryover.
Financial Advisor ($30,000) - Funding for financial advisors to assist the county in developing a long range capital -
financing plan, which will provide a blueprint for the community on capital needs and projects to be funded in the next
ten years. Total includes FY00 and FY01 anticipated costs,
County-wide Customer Survey ($20,000) - To assess the needs of County citizens in order to provide better
customer service, the County will undertake an annual citizen survey through an independent survey organization or
university. Questions would include customer satisfaction with County services, as well as questions related to
budget priorities and direction
County Attorney - Temporary Employee Wages ($15,000) - Funds recommended to cover wages for temporary
employee (11/15/00 - 2/15/00) during Assistant County Attorney's maternity leave.
Judicial $27,560
Clerk of the Circuit Court
Part-time Wages ($5,200) - Funds recommended to hire an individual with some experience, and not have to rely on
extensive training and minimum salary wage for part-time office support.
· Repairs and Maintenance Office Equipment ($1,000) - Funds recommended to cover repairs and maintenance
costs for aging equipment not covered in service agreements.
· Binding of Records ($1,000) - Funds recommended for replacement and new binders.
· Office Supplies ($1,500) - Funds recommended to cover increasing office supply costs as experienced in FY00.
· Copy Expense ($1,000) - Funds recommended for costs associated with additional forms required to handle the
increase in pro se litigants, and as more forms become available for individuals to file without an attorney.
· Machinery & Equipment Replacement ($8,300) - Funds recommended to cover the anticipated awarding of a
contract for optical imaging and scanning of court documents. In addition to the Technology Trust fund fees available
for support of this project, additional funds will be needed to update PCs for staff use.
· Furniture & Fixtures Replacement ($1,700) - Recommended funds will cover the need for new computer work
stations for.the record room house PCs available for public use once the new optical imaging and scanning of court
documents has been implemented.
Judge of the Circuit Court
· New Digital Recording Software and Hardware ($6,500) - Funds recommended for new digital recording software
and hardware to replace aging equipment in the main courtroom.
C:NMy DocumentsXnewprojectfinalr.doc Page 1
Attachment D
General District Court
· Various Projects ($1,360) - Funding recommended for costs associated with purchase of flags, printer stands, dues,
etc.
Engineering &Public Works $99,000
Tipping Fees ($25,000) - Recommended funds will support the Fall 2000 and Spring 2001 Bulky Waste Disposal
Program in a continuing effort to reduce illegal roadside dumping. This program funds the tip fee for those persons
who bring items such as appliances, tires and furniture to the Ivy LandfiLl.
Hydrogeologic Study ($30,000) - Recommended funds will be used to conduct a hydrogeologic study within the
watershed of the South Fork Rivanna Reservoir. This study will further develop an understanding of groundwater
resources as they relate to existing and possible future development, particularly in areas where there is sole and
intensive reliance on groundwater for household water supply.
Consultants ($20,000) - Recommended funding will be used to hire consultants to provide design and studies as
required to support unforeseen County initiatives, including county facility repairs, space planning, central filing and
security studies.
· Utilities, Custodial, Maintenance ($24,000) for Department of Social Services at new facility on Millmont.
Parks and Recreation
$12,545
Howardsville River Access ($12,545) - Funds recommended to cover the transfer of responsibility for the
Howardsville River Access from the Virginia Department of Game and Inland Fisheries to the County Parks &
Recreation Department. Costs include part-time wages ($3,090), lease/rent ($650), rent property ($2,400), security
($5,405), repair/maintenance supplies ($1,000).
Human Development
$19.000
· Replacement Vehicle ($19,000) - Funds recommended to replace foster care car #141 with a station wagon for
easier transport of numerous children and belonging. Existing car #141 will be reallocated as a pool car.
Community Development $104,100
· Part-time wages ($27,000) - Funds recommended for Planning Aide and ACE Program Administrator to support the
ACE program recently approved by the BOS.
High Resolution Digital Aerial Photography. ($44,000) - High resolution digital aerial photography of the County's
urban areas will be used to increase the accuracy of Enhanced 911 address mapping and parcel mapping initiatives.
Precision, accuracy and dependability of the data will improve for staff and the public.
· Development Areas Study ($20,000) - Funds recommended for consultant assistance in undertaking one
Neighborhood Master Plan, as recommended by DISC.
· Data Processing Software ($1,100) - Funds recommended for publishing software including Pagemaker V6.5
(necessary to produce final DISC documents) and AdobePhotoshop.
Inspections - Replacement Work Station ($2,000) - Funds recommended to replace the workstation of one of the
Permit Intake staff. Current workstation is broken and not a good use of office space - does not enable the opening
of building plans.
New Photographic Equipment for Zoning Enforcement ($2,000) - Funds recommended to purchase an additional
35ram camera and a video camera for zoning enforcement. The additional camera will take photographs for use in
court and as a permanent record. There are often times when a camera is necessary and the current camera is
already being used in the field. Also, it is advisable to take a second camera during aerial observations. The County
currently does not have a video camera. The situations are increasing in which a video camera is useful to depict
movement and action or to show a large-scale situation.
C:LMy DocumentsXnewprojectfinalr.doc Page 2
Attactm~ent D
New Office Equipment - Scanner ($8,000) - Funds recommended for a scanner to reproduce documents and
provide a database for several Zoning functions. Based on advice from the County Attorney's office, we are in the
process of formalizing a process for recording and indexing zoning decisions. The scanner will be used to
electronically record written decisions that will be indexed and catalogued for future reference. This equipment will
facilitate the department's charge under the State Code of maintaining the zoning history, including proffers on
properties.
CAPITAL FUNDS
Property Acquisition $1,200,000
. Monticello High School Vicinity ($1,200,000) - Funds recommended to support the purchase of land for a future
elementary or middle school site in the southern region of the County, as recommended by the School Board.
Relocation/Renovations $421,000
Social Services Move ($276,000) - Funds recommended to relocate the Social Services department to Charter
House on Millmont Street, renovate select areas of Charter House, and renovate the spaces in the County Office
Building currently utilized by Social Services. The relocation of Social Services is needed due to a deficiency of space
ifi the County Office Building. A breakdown of estimated costs includes network connection in the Charter House
($75,000), phone system in the Charter House ($75,000), moving expenses ($10,000), COB/Charter House space
renovations ($116,000).
Board Room Renovation ($75,000) - Recommended funds will be used to improve the acoustic/visual equipment
and physical layout of the Board of Supervisors meeting room in the County Office Building. These improvements will
allow the Supervisors, the public and the press to better hear and see presentations and discussions in room 235.
· Conversion of Former Registrar Space ($30,000) ~ Funds recommended to cover costs associated with conversion
of space formerly occupied by Registrar.
· COB Security System ($40,000) - Funds recommended to facilitate the improvement of security and customer
service at the County Office Building.
Public Works Projects, $600,000
· Stormwater Drainage Area Studies ($100,000) - Funds recommended to provide stormwater drainage area master
plans in support of the Land Use and Water Resources objectives of the Comprehensive Plan and the Water
Protection Ordinance. The master plans will provide proactive stormwater planning and implementation for
designated Development Areas and will work in concert with DISC. The cost of this study can be recovered through
pro-rata contributions from developments using the stormwater facilities.
Transfer to CIP for Various Projects ($500,000) - Funding recommended for transfer to the CIP in support of
various capital projects that will be prioritized with other CIP project requests. These projects include Entrance
Corridor Improvements, Ivy Road Drainage Improvements, Corville Farm Road and Corville Central Water System.
Entrance Corridor Improvements will provide inbound/outbound roadway signs and landscape gardens to welcome
travelers and emphasize the historic, cultural and natural resources. Ivy Road Drainage improvements will replace
underground stormwater piping to correct problems with flooding. Corville Farm Road Improvements will repair a
public road in Greenwood so it can be accepted by VDOT for future maintenance. Corville Farm Central Water
System Improvements will repair the underground drinking water piping to provide an adequate quantity and quality of
water for the residents.
Highways $140,000
· Meadow Creek Parkway Phase I ($140,000) - Recommended funds will be used to hire a consultant to support
design of the Meadow Creek Parkway, Phase I from Melbourne Road to Rio Road. Scope of work and fee
negotiations are currently on-going with the top ranked firm in an effort to reduce this cost.
Parks &Recreation $'162,000
· Scottsville Community Center ($150,000) - Funds to replace the roof at the Scottsville Community Center, which
was last replaced in 1987. There are several leaks that run onto existing light fixtures, over bleachers and onto the
playing floors. The gym is used every evenings and on weekends for the Scottville youth basketball program. This
C:Xwindows\TEMPXnewproject~nalr.doc Page 3
roof was scheduled to be replaced in FY03/04, but the worsening condition
possible.
Attachment D
warrants replacement as soon as
Towe Bermuda Grass Field ($12,000) - Funds recommended tO convert the second field to Bermuda grass at Towe
Park. As part of the negotiations with SOCA on the recent donation for the first field conversion, the City and County
expressed intent to convert one additional field per year. The City is expected to reimburse the County $4,236 or
35.3% of the project cost.
Juvenile Court Renovations
$14,527
Juvenile Court renovations ($14,527) - Additional funds recommended for Juvenile Court renovation and upgrading
of the holding cells. The additional costs result partially from several change orders recommended by the Sheriff for
additional closed TV equipment and cameras and a modification to the juvenile court entrance. Total additional costs
are $38,653; County costs shared 50% with City.
Capital Reserve
Funds ($2,000,000)
service,
$2,000,000
to be set aside. in a capital reserve fund to be used for direct funding of future capital projects or debt
C:MVIy DocumentsXnewprojectfinalr.doc Page 4
PUBLIC HEARING
FY 01 BUDGET AMENDMENT
Wednesday, October 18, 2000
· ATTACHMENT A:
-- Summary of Resources and Expenditures
· ATTACHMENT B:
-- List of New Projects
ATTACHMENT C:
-- Description' of New Projects Supported by the Board of
Supervisors for FY 01 Budget
· ATTACHMENT D:
-- Description of New Projects
Budget Amendment Public Hearing
- October18, 2000
Available Resources
FY00 Prelliminary Excess Revenues
FY00 Expenditure Savings
Total FY00 surplus
(less surplus already used to balance FY01 budget)
Net available Surplus
Estimated Exl~enditures
Outstanding FY00 Purchase Orders
Reappropdations for FY00 uncompleted projects
Projects recemmenCled for carry-over in FY01 budget worksession
Operating Fund Projects
Capital Fund Projects
Capital Reserve
'Total Budget Amendment Request
Fund Balance Remaining after Budget Amendment
371,200
543,449
299,675
577,205
2,537,527
2,000,000
$6,329,056
$5.083,985
1.549,611
$6,633,596
217,019
$6,416,577
$6,329,056
$87,521
Proposed Budget Amendment
$6,329,056
Pdor Yr. (FY
00) Projects
· ,,.-:-:-:::-:,:-:~' ~\----. '~4%
· z!is::iiiii iiiii::sii i':'
ATTACHMENT A
..?
ATTACHMENT B
Summary Usting of New Projects
Operating Funds
HR
Finance
F~qance
Fence
HR
County/W:
Regi~ar
Judicial
Ck~kdCimuitCou~
Safety
Fire/Re~.cue
Subtotal Public SafeSt
Engineedng/Pul~ic Wodcs
Enfn,~ng
Request
HR/pay~qsys.m
FS Manageme., Syaem
Fmm-,cialAdvisa'
Real Em .~__~ment_ Expenses
Olrme Renovaeon
L~veRe~F. xpere,
Pwt-~mewages
Rep~ir~ omce equip
Recwd axing
OmceSupp~s
Cop/Experts.
Fumaure Ref~.=ee.t
D~ recording .quipme. t
Va~ous projects
Underwa~r Recoveq
Pdlce
Animal
Fiream~ Training Unit
2 Thermal Imaging Cameras.
T~q~ngFees
Hydrngedo0h= Study
Mafi&Nlocatorsystem
Subtotal Engineering/Public Works
Parks/Rec~aUon ~lle River Access
Human Development Replacement Vehicle
C~q~munity Devebpme~ Planning
~~esStudy
OaeProcessmgSoeware
Zoning Rel:~acerne~t work station
Photographic equipment
(:X'fK~ equipmutt
Ref~aaan, m~ vehicle
Extension Ser~e Part-~me wages
SulXotal Community C)evelof~teflt
Total Operating Funds
Cal~tal Funds
Property Acquisition
Relocatton/Renovation~
Social Sefvices Move
Board Room Renovation
Registrars space
Subtotat Retoca~io,NRemva~ion
Subl~al Public Wodcs
Highways
Parks and Reueat~on
Subtotal Pattcs/Recreeton
Transfer to cip- vadous projects
kt,,edo~,<,feek latmse I design
To,we Bermuda grass &ek:l
Juvenile Court Renovations
Capital Reserve Fund
Torn Capital Funds
Suplxx'ted in FY01
24,994
lo.948
10~836
13.430
6.110
1.869
2.110
34,000
57,519
50,000
100,000
19.500
1.078
120~78
299,675
1.000
1.500
1.000
8.300
1,700
1.360
271560
25,000
30,000
20.000
24~0(X)
19,000
27.000 '
44.000
20.00O
1.100
2.000
2.000
577,205
4211000
14.527
2.000,000
4,537.527
Attachmere C
Reappropriations t 99912000
Brief Descriptions of New Projects
Section 1 - New Projects SunDorted in FY01 AdoDted Budc~et
EnQineerinq & Public Works
· Mail & AIIocator Machine Replacement ($20,000) - Supported funds will be used to replace the present mail-
processing machine which has exceeded its useful life and requires frequent maintenance.
· Hydrogeologic Study ($50,000) - Supported funds will be used to conduct a hydrogeologic study within the
watershed of the South Fork Rivanna Reservoir. This study will further develop an understanding of groundwater
resources as they relate to existing and possible future development, particularly in areas where there is sole and
intensive reliance on groundwater for household water supply. The current request of $80,000, based on a more
definitive scope of work and cost negotiations with the top ranked consultant, is $30,000 higher than supported in the
FY01 Budget.
Finance
. Real Estate Reassessment Expenses ($24,994) - Funds supported for additional over t~me wages, printing and
binding, postal services and long distance telephone expenses associated with the 2001 reassessment.
Plannin.q
· Contract Services ($100,000) - Funds supported for Planimetric Mapping ($100,000).
ZoninQ
· Inspections - Replacement Vehicle ($19,000) - Funds supported to replace a building inspection truck with over
100,000 miles. Maintenance records and experience with the type of usage that these vehicles receive, indicate that
replacement at this point is necessary. Supported amount includes increase in insurance costs for a newer vehicle.
Fire/Rescue - Operations
· 2 Thermal Imaging Cameras ($34,000) - Funds supported for two thermal imaging cameras. These cameras allow
fire fighters to see through dense smoke to assist in locating victims as well as fire hidden in walls, floors and ceilings.
Re.~istrar
· Presidential Election Expense ($10,948) - Supported funds for additional part-time wages, election officials, printing
and binding, advertising, postage and other expenses associated with the 2000 Presidential Election. Increased
expenses are anticipated due to historically higher voter turnout for presidential elections.
· Office Renovation ($4,800) - Funds supported for redesign of work space in County Office Building. However, due
to relocation of Registrar to DMV, these funds will be used to adequately prepare the new space.
· Legislative Redistricting Expense ($10,836) - Funds supported for additional over-time wages, advertising,
mileage, temporary help and postage associated with the legislative redistdcting following the Apdl 2000 census.
Police Deoartment
· Underwater Recovery Team ($13,430) - Funds supported include six spare air tanks ($1,000), two ~ull face masks
with communications unit ($6,000), two complete dry suits ($4,000), four pairs of coast guard gloves ($80), one
underwater camera ($1,000), three lift bags ($1,350).
· Police Patrol ($6,110) - Supported funds inctude six large OC foggets ($210), twenty five rolls crime scene tape
($500), two hundred small traffic cones ($400), ten digital cameras ($5,000).
· Animal Control ($1,869) - Funds supported include three dog raps ($780), four pairs of leather handling gloves ($60),
four fencing tools ($100), four livestock halters ($200), snake tongs ($69), four sets bolt cutters ($100), four
thermometers ($20), four leads for livestock halters ($320), four cat tongs ($320), four fencing kits ($120).
· Firearms Training Unit ($2,110) - Funds supported include an lair compressor ($200), hand truck ($100), tool box
and assorted tools ($200), twelve uniform ants ($360), fifteen firearms training video tapes ($250), and a remotely
fired handgun ($1,000).
VA Coop Extension Services
· Part-time Wages ($1,078) - Funds supported for additional part-time cledcal assistance.
Attachment D
Budget Amendment Public Hearing - October 18, 2000
Brief Description of New Projects
OPERATING FUND
Administration $315,000
· HR/Payroll System ($60,000) - Funds to replace the County's 18-year old mainframe Human Resource/Payroll
software. Technology is demanding that the County move toward a network environment and away from mainframes
and the current system is becoming increasingly expensive to maintain and will soon be obsolete. Total anticipated
cost for this project is $350,000. Dudng FY00 approximately $187,000 of costs for licenses, support/maintenance,
training and implementation has been shared by Finance and IS out of their approved operating budgets. Dudng
FY01 Finance and IS expect to contribute approximately $103,000 from current savings in their budgets. The
remaining need of $60,000 is recommended to be funded from carryover.
Financial Management System ($190,000) - Replacement of the County's mainframe financial management system,
which was developed by Newport News in 1982. The system has been modified substantially to accommodate
reporting requirements and mandated changes, but the current technology is out of date and this replacement
software will move the County from the mainframe to the required network technology. Total anticipated cost for this
project is $250,000. Other entities attempting to move in the direction of new integrated systems are experiencing
even greater costs, e.g. UVA, $55 million, Charlottesville, $2.7 - $4.9 million, Virginia Beach, $7.8 million. Finance
and Information Services (IS) expect to contribute approximately $60,000 from their current year budgets. The
remaining need of $190,000 is recommended to be funded from carryover.
Financial Advisor ($30,000) - Funding for financial advisors to assist the county in developing a long range capital
· financing plan, which will provide a blueprint for the community on capital needs and projects to be funded in the next
ten years. Total includes FY00 and FY01 anticipated costs.
County-wide Customer Survey ($20,000) - To assess the needs of County citizens in order to provide better
customer service, the County will undertake an annual citizen survey through an independent survey organization or
university.. Questions would include customer satisfaction with County services, as well as questions related to
budget priorities and direction
· County Attorney - Temporary Employee Wages ($15,000) - Funds recommended to cover wages for temporary
employee (11/15/00- 2/15/00) during Assistant County Attorney's maternity leave.
Judicial $27,560
Clerk of the Circuit Court
· Part-time Wages ($5,200) - Funds recommended to hire an individual with some experience, and not have to rely on
extensive training and minimum salary wage for part-time office support.
· Repairs and Maintenance Office Equipment ($1,000) - Funds recommended to cover repairs and maintenance
costs for aging equipment not covered in service agreements.
· Binding of Records ($1,000) - Funds recommended for replacement and new binders.
· Office Supplies ($1,500) - Funds recommended to cover increasing office supply costs as experienced in FY00.
· Copy Expense ($1,000) - Funds recommended for costs associated with additional forms required to handle the
increase in pro se litigants, and as more forms become available for individuals to file without an attorney.
· Machinery & Equipment Replacement ($8,300) - Funds recommended to cover the anticipated awarding of a
contract for opticel imaging and scanning of court documents. In addition to the Technology Trust fund fees available
for support of this project, additional funds will be needed to update PCs for staff use.
· Furniture & Fixtures Replacement ($1,700) - Recommended funds will cover the need for new computer work
stations for the record room house PCs available for public use once the new optical imaging and scanning of court
documents has been implemented.
JudQe of the Circuit Court
· New Digital Recording Software and Hardware ($6,500) - Funds recommended for new digital recording software
and hardware to replace aging equipment in the main courtroom.
Attachment D
General District Court
Various Projects ($1,360) - Funding recommended for costs associated with purchase of flags, pdnter stands, dues,
etc.
Enclineerincl &Public Works $99,000
Tipping Fees ($25,000) - Recommended funds will support the Fall 2000 and Spring 2001 Bulky Waste Disposal
Program in a continuing effort to reduce illegal roadside dumping. This program funds the tip fee for those persons
who bring items such as appliances, tires and furniture to the Ivy Landfill.
Hydrogeologic Study ($30,000) - Recommended funds will be used to conduct a hydrogeologic study within the
watershed of the South Fork Rivanna Reservoir. This study will furthe~ develop an understanding of groundwater
resources as they relate to existing and possible future development, particularly in areas where there is sole and
intensive reliance on groundwater for household water supply.
Consultants ($20,000) - Recommended funding will be used to hire consultants to provide design and studies as
required to support unforeseen County initiatives, including county facility repairs, space planning, central filing and
security studies.
Utilities, Custodial, Maintenance ($24,000) for Department of Social Services at new facility on Millmont.
Parks and Recreation
$12,545
Howardsville River Access ($12,545) - Funds recommended to cover the transfer of responsibility for the
Howardsville River Access from the Virginia Department of Game and Inland Fishedes to the County Parks &
Recreation Department. Costs include part-time wages ($3,090), lease/rent ($650), rent property ($2,400), security
($5,405), repair/maintenance supplies ($1,000).
Human Development
$19,000
* Replacement Vehicle ($19,000) - Funds recommended to replace foster care car #141 with a station wagon for
easier transport of numerous children and belonging. Existing car #141 will be reallocated as a pool car.
Communitv 'DeveloDment $104,100
· Part-time wages ($27,000) - Funds recommended for Planning Aide and ACE Program Administrator to support the
ACE program recently approved by the BOS.
High Resolution Digital Aerial Photography. ($44,000) - High resolution digital aerial photography of the County's
urban areas will be used to increase the accuracy of Enhanced 911 address mapping and parcel mapping initiatives.
Precision, accuracy and dependability of the data will improve for staff and the public.
· Development Areas Study ($20,000) - Funds recommended for consultant assistance in undertaking one
Neighborhood Master Plan, as recommended by DISC.
Data .Processing Software ($1,100) - Funds recommended for publishing software including Pagemaker V6.5
(necessary to produce final DISC documents) and AdobePhotoshop,
Inspections - Replacement Work Station ($2,000) - Funds recommended to replace the workstation of one of the
Permit Intake staff.' Current workstation is broken and not a good use of office space - does not enable the opening
of building plans.
New Photographic Equipment for Zoning Enforcement ($2,000) - Funds recommended to purchase an additional
35mm camera and a video camera for zoning enforcement. The additional camera will take photographs for use in
court and as a permanent record. There are often times when a camera is necessary and the current camera is
already being used in the field. Also, it is advisable to take a second camera during aerial observations. The County
currently does not have a video. camera. The situations are increasing in which a video camera is useful to depict
movement and action or to show a large-scale situation.
C'\rn'~nnnP\RT [T~rF'1~hls('lof, t(~l\ne~/nrn:eP~tf~n;~lr AP,~ P~l~e,, ~
Attachment D
New Office Equipment - Scanner ($8,000) - Funds recommended for a scanner to reproduce documents and
provide a database for several Zoning functions. Based on advice from the County Attorney's office, we are in the
process of formalizing a process for recording and indexing zoning dealsions. The scanner will be used to
electronically record written decisions that will be indexed and catalogued for future reference. This equipment will
facilitate the department's charge under the State Code of maintaining the zoning history, including proffers on
propedies.
CAPITAL FUNDS
Property AcQuisition $1,200,000
· Monticello High School Vicinity ($1,200,000) - Funds recommended to support the purchase of land for a future
middle school site in the southern region of the County.
Relocation/Renovations $421,000
· Social Services Move ($276,000) - Funds recommended to relocate the Social Services department to Charter
House on Millmont Street, renovate select areas of Charter House, and renovate the spaces in the County Office
Building currently utilized by Social Services. The relocation of Sodal Services is needed due to a deficiency of space
in the County Office Building. A breakdown of estimated costs includes network connection in the Charter House
($75,000), phone system in the Charter House ($75,000), moving expenses ($10,000), COB/Charter House space
renovations ($116,000).
Board Room Renovation ($75,000) - Recommended funds will be used to improve the acoustic/visual equipment
and physical layout of the Board of Supervisors meeting room in the County Office Building. These improvements will
allow the Supervisors, the public and the press to better hear and see presentations and discussions in room 235.
· Conversion of Former Registrar Space ($30,000) - Funds recommended to cover costs associated with conversion
of space formerly occupied by Registrar.
COB Security System ($40,000) - Funds recommended to facilitate the improvement of security and customer
service at the County Office Building.
Public Works Projects $600,000
· Stormwater Drainage Area Studies ($100,000) - Funds recommended to provide stormwater drainage area master
plans in support of the Land Use and Water Resources objectives of the Comprehensive Plan and the Water
Protection Ordinance. The master plans will provide proactive stormwater planning and implementation for
designated Development Areas and will work in concert with DISC. The cost of this study can be recovered through
. pro-rata contributions from developments using the stormwater facilities.
Transfer to CIP for Various Projects ($500,000) - Funding recommended for transfer to the CIP in support of
various capital projects that will be pdodtized with other CIP project requests. These projects include Entrance
Corridor Improvements, Ivy Road Drainage Improvements, Corville Farm Road and Corville Central Water System.
Entrance Corridor Improvements will provide inbound/outbeund roadway signs and landscape gardens to welcome
travelers and emphasize the historic, cultural and natural resources. Ivy Road Drainage improvements will replace
underground stormwater piping to correct problems with flooding. Corville Farm Road Improvements will repair a
public road in Greenwood so it can be accepted by VDOT for future maintenance. Corvine Farm Central Water
System Improvements will repair the underground drinking water piping to provide an adequate quantity and quality of
water for the residents.
Hi.clhwavs $140,000
· Meadow Creek Parkway Phase I ($140,000) - Recommended funds will be used to hire a consultant to support
design of the Meadow Creek Parkway, Phase I from Melbourne Road to Rio Road. Scope of work and fee
negotiations are currently on-going with the top ranked firm in an effort to reduce this cost.
Parks &Recreation $162,000
· Scottsville Community Center ($150,000) - Funds to replace the roof at the Scottsville Community Center, which
was last replaced in 1987. There are several leaks that run onto existing light fixtures, over bleachers and onto the
playing floors. The gym is used every evenings and on weekends for the Scottville youth basketball program. This
roof was scheduled to be replaced in FY03/04,
possible.
but the worsening
condition warrants
Attachment D
replacement as soon as
Towe Bermuda Grass Field ($12,000) - Funds recommended to convert the second field to Bermuda grass at Towe
Park. As part of the negotiations with SOCA on the recent donation for the first field conversion, the City and County
expressed intent to convert one additional field per year. The City is expected to reimburse the County $4,236 or
35.3% of the project cost.
Juvenile Court Renovations
$14,527
Juvenile Court renovations ($14,527) - Additional funds recommended for Juvenile ,Court renovation and upgmding
of the holding cells. The additional costs result partially from several change orders recommended by the Sheriff for
additional dosed TV equipment and cameras and a modification to the juvenile court entrance. Total additional costs
are $38,653; County costs shared .50% with City.
Capital Reserve $2,000,000
Funds ($2,000,000) to be set aside in a capital reserve fund to be used for direct funding of future capital projects or debt
service.
RECENT UNSOLVED BREAK INS
IN THE WHITE HALL, BOONESVILLE AREA
1. RAYMOND WALTON - FURNITURE STOLEN TWICE
2. MOUNTAIN LIGHT RETREAT - 1TEMS STOLEN
3. R.D. DUNNING - ALL TOOLS STOLEN
~r. LANGLEY FREEAUF - COFFEEWOOD TREES STOLEN
5. KEITH FORD - RENTAL HOUSE BROKEN 1NTO & TREES STOLEN
6. 3OE HENLEY- TREES STOLEN
7. DAVID COLLIER- TOOLS STOLEN
8. MARCUS CLARK - GUNS STOLEN
9. COLONEL BYROM - GUNS STOLEN
10. HUNTER LEWIS -ENTRANCE GATES VANDALIZED
11. BRUCE PATTERSON - HOUSE BROKEN INTO - 1TEMS STOLEN
12. EDDIE SHIFFLETT - TOOLS STOLEN
13. THURMAN SHIFFLETT- GUNS STOLEN
14. W.M. MADISON - HOUSE. VANDALIZED TWICE
15. GARY THOMAS - TOOLS STOLEN
16, ALBERT MORRIS - COWS KILLED IN FIELD
17. FRAZIER'S MARKET - ITEMS STOLEN
18. MAUPINS GROCERY - ITEMS STOLEN
19. BOBBY PERKINS - TRACTOR STOLEN
AT LEAST 9 DEER WERE KILLED ILLEGALLY AND LEFT LAYING BY ROADSIDE
BETWEEN WHITE HALL AND NORTONSVILLE LAST YEAR
MECHUNK CREEK FARM IN KESWICK HAD FENCES DRIVEN THRU AND
DESTROYED
MRS. GARRISON WAS MURDERED IN HER OWN BACK YARD.
THESE ARE 3UST A FEW OF THE CRIMES OUR POLICE FORCE ARE UNABLE TO
SOLVE, I FEEL IF MORE FUNDS-ARE MADE AVAILABLE TO THEM FROM THE
COUNTY, THE EQUIPMENT NEEDED TO PREVENT THESE CRIMES COULD BE
PURCHASED AND A LOT OF THIS COULD BE AVOIDED I~RE~.T.~~
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
NAME (Please print clearly)
5 fl~Zf ~
8 -To 4- C,J~
"~-/.:F--:' :--~- ~'¢T
12
PHONE NUMBER/ADDRESS (Optional)
f:~ -'h"f,
230 ~ F~4 c~, c~/~ ~Z/i
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Mr. Martin, Members of the Board of Supervisors, Mr. Tucker and Staff:
I appeared before you during the earlier public hearing and identified myself
as Bob Moorefield. I am an Albemarle County resident and area president of
Suntrust Bank. As before, I appear before you in my capacity as Chairman of
the Charlottesville Regional Chamber of Commerce.
Next Tuesday morning, I will convene our Board of Directors for a thorough
review of the County' s budget preparation process this year, the resulting
tax increase and as we now know, the generous surplus in funds. Because I
appear without benefit of our board' s review of this topic, I wish to limit
my remarks tonight to the following:
First, the Chamber represents almost 1700 member organizations which employ
over 46,000 people that reside in this region. We have consistently and
aggressively lobbied you to keep the property tax rate as low as possible
because an increasing rate has grave impact on the ability of our workforce
to reside close to their employers.
We have delivered this message each year accompanied by strategies to fund
those essential services paramount to our quality of life. We consider these
public education, safety and security, and continuing investment in
infrastructure.
This spring we actively opposed a property tax increase based on our own
research which concluded that there was ample resource to satisfy the
Superintendent of Schools budget' without the need for a tax increase. This
was not based on opinion nor on philosophical desire but rather on sound
research by our County Budget Committee, chaired by Chris Lee, which has
worked for the last four years monitoring, studying and projecting County
revenues and expenses.
We implored you to avoid a tax increase. We gave you specific
recommendations on how to do so. And finally, we offered to assist in the
formation of a blue ribbon commission of private sector fiscal specialists to provide an
unemotional foundation for future budget recommendations.
In view of the events that have transpired since the spring, these being a
four cent tax increase, the premature enactment of the increase, and a large
revenue surplus providing all the proof that a tax increase was indeed
unnecessary, I renew the Chamber's offer to provide you with assistance
before and during the next budget cycle, I believe that none of us that care
about this County, wishes to be involved in another cycle like this last one.
Thank you.
Members, Board of Supervisors
Subject: r
Date: October 13, 2000
H[tlORAtI[IUI4
August 9, 2000
August t6, 2000
Mr. Dorrier
Mr. Bowerman
/ew'c