HomeMy WebLinkAbout1999-05-05 ACTIONS
Board of Supervisors Meeting of May 5, t999
May 10, 1999
AGENDA ITEM/ACTION
1. Call to order.
4. Others Matters Not Listed on the Agenda from the Public.
· Mr. Kevin Cox asked the Board to work with the City to help
replace the 14 acres in Mclntire Park that will be lost due to the
construction of Phase I of the Meadow Creek. Discussed
under transportation matters.
5.1. ZMA-98-27. Univ of Virginia Research Park at North Fork.
APPROVED ZMA-98-27 to reduce the building setback from
fifty (50) feet to ten (10) feet along internal public road rights-
of-way. Mr. Perkins expressed concerns about the buffer, felt
they needed to do some additional planting.
5.2. ZMA-98-26. Woodbrook Crossing.
APPROVED ZMA-98-26 as proffered.
5.3. Proclamation recognizing May 2 through May 8, 1999, as
Munidpal Clerks Week. APPROVED.
5.4. Proclamation recognizing May 9 through May 16, 1999, as
National Police Memorial Week. APPROVED.
5.5. Resolution to provide Law Enforcement Officer (LEOS)
benefits to County firefighters. ADOPTED the attached
'resolution.
5.6. Agreement with Cornerstone Corporation, owner/manager of
the Trophy Chase Apartment complex on Peyton Drive for use
of an apartment as an office by the Albemarle County Police
Department. APPROVED.
5.7.
Henry County request for resolution of support that the
Virginia Department of Transportation reconsider its policy on
maintenance of drainage easements. DID NOT SUPPORT
the proposed resolution.
5.8. Lease of Old Jailor's House to the City of Charlottesville for
the Community Assessment Center. APPROVED.
5.9. Amendment to Lease Agreement with Albemarle County
Sen/ice Authority for the Extension Service's Office space.
APPROVED the lease agreement which extended the lease
between the County and the Albemarle County Sen/ice
Authority for five years for Extension Office space.
5.10.Adopt change in Virginia Retirement System retirement.
benefit calculations. ADOPTED change as passed by the
General Assembly.
5.10a. Proclamation recognizing the Virginia Initiative for
Employment not Welfare (VIEW). ADOPTED.
5.14. Third Quarter Report for JAUNT sen/ices for FY 1999 for
Albemarle County. Ms. Humphris asked if the number of
estimated and actual tdps were unusual.
7.a. Other Highway Matters.
· Mr. Bill Mills was present in place of Ms. Tucker.
Mr. Mills said VDoT has chosen not to remark some streets in
the Old Forge Road neighborhood.
· Mr. Perkins asked that the dght turn lane below Windham,
ASSIGNMENT
Meeting was called to Order at 9:04 a.m., by the
Chairman. All BOS members present.
Clerk: Acknowledge his comments.
Wayne Cilimber.q: To discuss the landscaping
issue with Pete Anderson and Zoning.
Clerk: Forward copy of proffers to Planning,
Zoning and County Attorney's office.
Clerk: Forward proclamation to Lee Catlin.
Clerk: Forward to Bob Brandenburger and copy
Roxanne White.
County Attorney's office: Get necessary signatures
and forward to appropriate persons.
Clerk: Respond to letter from Henry County and
send copy of executive summary.
Clerk: After signatures received forward copy to
City and County Attorney's office.
,Clerk: Retain one original, forward second original
to ACSA and copy County Attomey and Roxanne
White.
Clerk: Send memo to Bob Brandenburger.
Clerk: Forward proclamation to Linda Tucker at
Chamber of Commerce.
Roxanne White: Respond to request for
information.
Clerk: ForWard all comments in letter to Angela
Tucker.
going into NationsBank and the post office, be remarked.
Mr. Perkins said along Route 680, Browns Gap Turnpike, there
are brush and debds hanging out. You cannot pass a truck or
bus without stopping and pulling over. In addition, there are
some mailboxes and one on Morgantown Road that are
sticking out at the edge of the pavement.
· Mr. Perkins said the dust is really bad on Route 600, near
Stony Point, off Route 20. He asked if they could put down
some calcium chloride.
· Mr. Marshall thanked VDoT for fixing the ditch near his farm on
Route 20.
· Ms. Thomas thanked VDoT for the notice posted at the Ivy
interchange that this route is not recommended for trucks.
· Ms. Humphds said she received a call about what was being
used for fill in the area of the Bellair intersection improvements.
She asked that VDoT look into that.
· Mr. Bowerman mentioned the utilities that were installed along
Carrsbrook Drive to Still Meadows and asked VDoT to check
and make sure all the the culverts and drainage structures are
workable, in place and functioning. At one end one of the
culverts wore crushed dudng the process, and he is not sure it
was restored.
· Mr. Mills introduced Mr. Bob Ball, VDoT's newly hired local
transportation planner.
· Mr. Tucker said staff would draft some language for the Board
to consider regarding loss of land from Mclntire Park due to the
construction of the Meadow Creek Parkway.
8. School Division Update. Mr. John Baker made presentation.
The Board asked for an update, some time in the future, on the
benefits and negatives of the efficiency of Monticello High
School. Include a comparison of the heating and cooling of
the square footage to that of one of the other high schools.
9. Public Headng on proposed amendment to the Albemarle
County Budget... to increase the FY 1998-99 funding for
School Division Operations by $1,397,548. APPROVED
Appropriation #98071 to reflect additional state funding for one-
time School Division expenditures.
10. Public Hearing on an ordinance ... increase the regular salary
of each Board member by 4.0 percent, to establish
compensation at $10,362 per year. ADOPTED the attached
ordinance.
11. Update on Neighborhood Team Activities/Video Presentation.
Ms. Lee Catlin made presentation.
Clerk: Include on May 12, 1999 consent agenda.
School Division: Provide response.
Clerk: FonNard signed form to Melvin Breeden and
copy appropriate persons.
Clerk: Forward ordinance to County Attorney for
inclusion in next update of County Code and copy
appropriate persons.
12. Appointments. There were none.
13.
·
Other Matters not Listed on the Agenda from the Board.
Ms. Thomas mentioned the designation of Batesville as an
historic district.
16. Adjourn. The meeting was adjoumed at 1:50 p.m.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
Members of the Board of Supervisors
Ella W..Carey, CMC, C1
May 4, 1999
ZMA-98-27. UNIVERSITY REAL ESTATE FOUNDATION
As I indicated in my email, Planning's action letter does not set out the action required by
the Board for this request. Should the Board decide to approve ZMA-98-27, it needs to take the
following action: "Approve ZMA-98-27 to reduce the building setback from fifty (50) feet to ten
(10) feet along internal public road rights-of-way"..
/ewc
Attachment
C, AkD OF SUPERVISORS
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
April 22, 1999
John Matthews
P O Box 5603
Charlottesville, VA 22905
RE: ZMA-98-27 University of Virginia Research Park ~ North Fork
Tax Map 32, Parcels 4B, 6, 6A and 19
ZTA-98-09 University of Virginia Research Park ~ North Fork
Dear Mr. Matthews:
The Albemarle County Board of Supervisors, at its meeting on April 14, 1999, took the following actions
regarding the above-noted petitions:
ZTA-98-09 University of Virginia Research Park ~ North Fork - Adopted an ordinance to amend
Chapter 18, Zoning, Article III, District Regulations, of the code o£the County of Albemarle, Virginia, by
amending Section 29.0, Planned Development-Industrial Park (PD-IP), to allow, as a part of the
development process, the modification, variation or waiver of Section 26.0, Industrial Districts - Generally
and Section 29.0 Planned Development -Industrial Park.
ZMA-98-27 University of Virginia Research Park ~ North Fork- Deferred to the May 5, 1999 Board
meeting. Please note that the applicant is supposed to set up a meeting with Board members, staff, and
neighbors, to look at the night lighting at the PRA building. The issue of screening was also discussed.
ff you should have any questions or comments 'regarding the above noted action, please do not hesitate to
contact me.
Sincerely, ~. ~
v.
Director of Planning & Communi~ De~ment
VWC/jcf ~
Cc: ~ Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON KEELER
March 2, 1999
April 14, 1999
ZMA-98-027 UNIVERSITY REAL ESTATE FOUNDATION
Applicant's Proposal: This is an amendment to ZMA-95-04 UNIVERSITY REAL ESTATE
FOUNDATION which rezoned 525 acres to allow establishment of the North Fork Business
Park. UREF proposes a reduction in building setback along internal public roads from fifty (50)
feet ~tO ten (10) feet. The reduced setback is requested to accommodate "the desired urban
character ofthe park" (Attachment C). No reduction from established building setbacks around
the perimeter of the development is requested.
Petition: The University Real Estate Foundation petitions the Board of Supervisors to allow a
reduction of building setback from fifty (50) feet to ten (10) feet from internal public road rights-
of-way. Property, described as Tax Map 32, Parcels 4B, 6, 6A, 19, and 19C, is located south of
the North Fork Rivanna River between Route 29N and Rte. 606 in the Rivanna Magisterial
District. This site is recommended for Industrial Service in the Community of Hollymead.
Relation to Surrounding Area: Effort was made to integrate the North Fork Park into the
context of surrounding commercial, industrial, residential and rural properties. In particular,
UREF made several changes in response to residents along Rte. 606 (Attachment D). Access to
'existing public roads is limited to three locations: U.S. Rte 29 N, Airport Road and Rte. 606 by
way of Quail Run Drive.
RECOMMENDATION:
Staff opinion is that the requested variation is consistent with the Comprehensive Plan and does
not represent significant concern related to the general health, safety and welfare. Staff would
recommend that the Planning Commission as provided by section 8.5.4.d. of the general planned
development regulations recommend that the Board vary the Setback requirement fi.om internal
public roms to allow building location to be no closer than ten (10) feet from the rights-of way of
public roads.
Planning and Zoning History: Under ZMA-95-04 approximately 525 acres, were rezoned from
RA, Rural Areas, PD-IP, Planned Development Industrial Park, and LI, Light Industrial to PD-
IP, Planned Development Industrial Park. That request also included the following special use
permits: SP-95-40 - Laboratories, medical or pharmaceutical (27.2.2.1; 29.2.2.1); SP-95-41
Supporting commercial uses (27.2.2.14, 29.2.2.1); SP-95-42 - Hotels, motels, inns (29.2.2.2).
The proffered zoning Application Plan proposed a maximum gross floor area of 3,000,000
square feet of building area accommodated on 20 sites. These sites, ranging in area from 5.65
acres to 35.19 acres, may be developed with multiple buildings. Sites A, B-l, and B4 situated
along Rte. 606 would be restricted to general office development while all other sites would have
two to six categories of use available. Numerous written proffers accompanied the rezoning
petition (Attachment E).
DEVELOPMENT USE
General Office
Support Commercial
Hotel/Conference
TABLE 1
TOTAL FLOOR AREA
2,300,000 square feet (maximum)
110,000 square feet (maximum)
190,000 square feet
Light Industrial 400,000 square feet
TOTAL 3,000,000 square .feet
TABLE II
LAND USE ACREAGE % OF SITE AREA
Development Sites 275 acres 52.4%
Road right-of-way 33 acres' 6.2%
Open Space 217 acres 41.4%2
~UREF reserves right for 5% of total 3.0 million square feet less area devoted to
hotel/motel.
2 Proffer 6.2 provides that open space (other than may be required on development sites)
shall not be less than 200 acres.
Comprehensive Plan: This site is situated in the Hollymead Community of the Comprehensive
Plan. Other comments regarding the Comprehensive Plan in relation to this proposal are
included under STAFF COMMENT.
STAFF COMMENT:
This petition is accompanied by and dependent upon a zoning text amendment (ZTA-98-09)
intended to allow greater flexibility in design concepts for the PLANNED DEVELOPMENT-
INDUSTRIAL PARK PD-IP zoning district. The analysis provided in this report assumes
adoption of ZTA-98-09. Also, staff analysis is intended to reflect only the circumstances of the
petition under review and is not intended to reflect nor anticipate any recommendations' which
may be forthcoming from the ad-hoc Development Incentives Steering Committee (Both the
zoning text amendment and this rezoning petition were discussed with DISC at its February 16,
1999 meeting and no objection was raised to either petition).
The remainder of this report will discuss setbacks in general, provide a history of setbacks in
Albemarle County, relate the request to the current Comprehensive Plan and finally focus on the
context of the North Fork Park.
Building Setback: Generally: Regarding the zoning police power, setback (including other
yard regulations) have been viewed as dearly having bases in such matters as:
---provision of light and air as well as protection against obstruction of light and air;
---provision of adequate fire protection as well as protection against loss of life, health or
safety from fire dangers; and
---to provide for adequate flood protection as well as protect against loss of life, health or
property from flood dangers.
Setbacks may also be argued to protect against overcrowding of land, danger and congestion in
travel and transportation and other express purposes of zoning. Setbacks may vary from zoning
district to zoning district dependent on the varying purposes.
Setbacks: Albemarle County: Regarding setbacks from public roads, County regulations vary
in relation to the stated purposes of the various zoning districts (which are imended to be
reflective of the Comprehensive Plan) as well as circumstances within an individual district. In
addition, the County provides for private roads intended to effectuate Comprehensive Plan
recommendations and setbacks from private roads are in all cases less restrictive than setbacks
from public roads (One exception is the RA zone which allows a reduced setback for new
internal public roads).
For non-residential zoning districts, setbacks from public roads were established based upon the
purposes of the various zoning districts and the intensity of uses allowed within the districts. For
commercial districts, setbacks were established at thirty (30) feet in recognition that retail and
other commercial establishments, though varying in intensity of uses, require certain visual
exposure from public roads. For industrial districts, setbacks from public roads were established
at fifty (50) feet in recognition that industrial uses do not require public road exposure to the
degree of commercial uses.
For the Rural Areas and lower density residential districts, building height is limited to thirty-five
(35) feet. Higher density residential districts as well as commercial and industrial districts permit
a sixty-five (65) foot height, however, building setback from rural, single-family residential areas
and public roads is increased by two (2) feet for each one (1) foot of height above thirty-five (35)
feet. Among reasons for such increased setback are consideration of"daylighting" the road
pavement in winter months to reduce snow removal costs as well as aesthetic concern of massive
buildings overwhelming the traveler's experience.
Setbacks for individual uses (regardless of zoning district) were established in supplementary
regulations or overlay districts based upon objectionable aspects of the use and the unlikelihood
that such use could comply with performance standards or other requirements at a lesser setback
(Note: Supplementary regulations may be relaxed in a particular case under specified criteria
including demonstration that the purpose of the restriction may be otherwise satisfied).
Of particular note is that the original text of the 1980 Zoning Ordinance contained provision that
allowed the Planning Commission to reduce building setback within the C-1 Commercial zoning
district in recognition of historic development patterns. The C-1 district was proposed by the
Planning Commission to provide for central-business district style of development in the Urban
Area, Communities, and Villages. The Planning Commission also recommended that C-1 zoning
be applied to the then forty or so active country stores. Staff prepared a text intended to
recognize the historic development patterns that existed in Crozet, Scottsville and for the country
stores and made allowance for continuation of those patterns. This provision (as well as most
maximum coverage regulations) was repealed in 1985 at time of adoption of the landscaping
provisions of the site plan ordinance.
Finally, for commercial and industrial uses. setbacks are required from public roads only. No
specific setback is required from private roads, however, consideration to utility locations and
maintenance of sight distance are factors. This is to encourage innovation in design and
particularly to encourage clustering of uses without penalty of land lost to setback requirements
(i.e.- Fashion Square Mall consists of six parcels served by an internal private road system).
Comprehensive Plan: The Comprehensive Plan encourages design to increase pedestrian
access and reduce vehicular usage, which is reflected in the design concept. More specifically,
the Comprehensive Plan General Land Use Standards recommend that "to the extent reasonable
and feasible given site constraints, site development should encourage building orientation to
public streets. Parking areas need not be located exclusively in front of buildings."
North Fork Park: Setback Reduction From Internal Public RoadS: During its design
visioning process, UREF has developed a developmental concept which requires reduced setback
4
from the internal public roadways. More specifically in regard to the public need or benefit, the
applicant has stated that (Attachment C):
A request is made to reduce building setback along public rights-of-way
from fifty to ten feet. This reduction in setback will help to improve the
urban character of the park, support the design vision for the park by more
clearly del'ming the public realm, and provide a more inviting and pedestrian
accessible arrangement of buildings for both visitors and park tenants.
Some residents along Rte. 606 have expressed concern that reducing building setback from
internal roadways would result in parking areas located closer to the perimeter of the
development. Staff would emphasize that no reduction in the 150 foot buffer from Rte. 606 is
proposed (The regulatory setback for office buildings is normally 50 feet and parking setback is
normally 30 feet from public roads).
Staff opinion is that the requested variation is consistent with recommendations of the
Comprehensive Plan. The proffered setback from Rte. 606 is a five-fold parking setback and a
three-fold building setback from basic zoning regulations. Staff opinion is that the only
identifiable issue may be increased public costs for snow removal, which staff does not believe
would be significant. Provided that no interference occurs with required sight distance along
the roadways and that the reduced setback does not interfere with utility location (which can be
addressed with individual site plans), staff would recommend that the Planning Commission as
provided by section 8.5.4.d. recommend approval of the applicants requested setback variation to
the Board of Supervisors. In accord with section 8.5.5. should the Board approve this request, a
revised Application Plan depicting the setback variation must be submitted within sixty days of
Board approval.
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ATTACHMENT A
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ZMA, 98-27, University of Virginia
Research Park at North Fork
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ALBEMARLE
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ATTACHMEN': [~
ZMA, 98-27, University of Virginia
Research Park at North Fork
WHITE ~AL~. 8~
R~VANNA DISTRICTS
SECTION
ATTACHMENT C
Attachment 1
Application for Zoning Map Amendment
Project Name:
UNIVERSITY OF VIRGINIA RESEARCH PARKAT NORTH FORK
1. What public need or benefit does this rezoning serve?
A request is made to reduce building setback along public rights-of-way from fifty feet to ten feet. This
reduction in setback will help to improve the urban character of the park, support the design vision for
the park by more clearly defining the public realm, and provide a more inviting and pedestrian accessible
arrangement of buildings for both visitors and park tenants.
2. Are public water, sewer, and roads available to serve this site? Will there be any impact
on these facilities?
A reduction of the building Setback requirements will have no impact on public utilities
3. What impact will there be on the County's natural, scenic, and historic resources?
A reduction of the building setback requirements will have no impact on the County's natural, scenic,
and historic resources. But would allow for the building arrangement to be more compatible with the
architectural legacy of Albemarle Count's' and the region.
4. Do you have any plans to develop the property if the rezoning is approved? If so, please
describe:
Development will be zn accord with approved application plan with the exception of the reduced setback.
5. Describe your request in detail, including why you are requesting this particular zoning
district.
No change in zoning district is desired. A request is made to reduce building setback along public rights-
of-way from fifty feet to ten feet. The opportunity to reduce building setback was not available to the
applicant at the time of initial planned development approval. A zoning text amendment has been
submitted which now enables the Board of Supervisors to consider reduced building setbacks appropriate
to the desired urban character of the park.
ATTACHMENT D
During public hearings on the Comprehensive Plan Amendments which preceded the rezoning
petition, residents in the Rte. 606 area expressed many concerns about the proposed North Fork
Business Park. In January, 1995 staff received copy ora letter from Lake Acres to UREF which
proposed inclusion of agreements between Lake Acres and UREF as "specific provisions in the
final rezoning agreement between the County of Albemarle and the University's Foundation." The
original Lake Acres proposal contained 12 items.
In response to these concerns:
UREF modified the Application Plan to show a 150 foot setback buffer along its entire
frontage on Rte. 606.
Sites A, B-l, and B-4 are limited to general office uses. Site B-7 is limited to general
office and flex/industrial uses, while Sites B-8 and F-lA are approved for general office,
flex/industrial, industrial, and laboratory uses.
Regarding stormwater and erosion concerns, in addition to applicable County regulation,
UREF has developed a master stormwater management plan, proffered to be implemented
in phases.
UREF amended the proffers to include prohibition of stadium or field lighting of the
recreation 'area/playing fields in the open space area between sites B-4 and B-7 (Staff
recommends that this not be deemed to be a prohibition to appropriate security and street
lighting).
VDOT has agreed to staff recommendation that bridge weight limitation signage be placed
at the Quail Run/Rte. 606. intersection While this would not prohibit truck traffic on Rte.
606 north of Quail Run, it would be a forewarning to responsible truck drivers
VDOT has agreed to delete recommendation that a dedicated right turn lane be
constructed from Quail Run onto Rte. 606. Such a feature could entreat general traffic to
travel north on Rte. 606.
UREF changed the Application Plan to delete direct access from Site F-lA to Rte. 606.
All development sites will be accessed only by the internal road system with no direct
access to external roadways.
ATTACHMENT E
RESOLUTION TO APPROVE ZMA-95-04
UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION
Whereas, in accordance with Section 15.1-431 of the Code of Virginia and
Section 33 of the Albemarle County Zoning orainance, a public hearing was advertised,
adjoining property 6gaxers notified, and a hearing scheduled on ZMA 95-04, University
of Virginia Real Estate Foundation, to consider the rezoning of approximately 525 acres
from RA, PD-IP, R-I, and LI to PD-IP, as more particularly identified in the zoning
application; and
Whereas, this application and the attached proffers are consistent with the
Comprehensive Plan, good zoning practices, and supported by the reasons set forth in
the staff report.
Now, Therefore, Be It Resolved that the Board of Supervisors of
Albemarle County, Virginia hereby approves ZMA-95-04 with proffers, such proffers
being dated March 21, 1996 and being attached hereto and made a pan of this approval.
BE IT FURTHER RESOLVED, that included within this approval is the
approval of the following special use permits with the stated conditions:
(A) SP-95-40 Laboratories, conditioned upon:
Compliance with Section 4.14 Performance Standards of the
Zoning Ordinance;
Building location shall not be less than thirty (30) feet from
the perimeter btiffer areas to adjoining properties not located
within the development.
(B) .SP-95-41 Supporting Commercial Uses, conditioned upon:
RECEIVED
Planning Dept.
In addition to proffered limitation not to_exceed five (5%)
percent of total floor area, commerdal uses shall not exceed
ten (10%) percent of total floor area at any time during
phased development.
(C) SP-95-42 Hotels. Motels. Inns, conditioned upon:
Not more than one hotel, motel, or inn shall be permitted.
Such hotel, motel, or inn shall not exceed two hundred fifty
(250) lodging rooms.
Conference facilities (other than those as may be provided by
· i. ndividual occupants) shall not be required to locate internal
to nor on the same site as the hotel/motel/inn, but total gross
floor area of lodging and conference facilities shall not exceed
190,000 square feet.
The time limit to commence the above special uses shall be extended for
so long as the application plan for ZMA-95-04 remains valid.
BE IT FURTHER RESOLVED, that there are no modifications pursuant
to § 8.5.5 of the Albemarle County Zoning Ordinance, but the following findings are
stated for purposes of clarification:
Uses and treatment of "open space" shall be as defined in and
governed by the proffers. Since "open space" is not required for a
Planned Development - Industrial Park and provision of open space
is voluntarily proffered by the applicant, the open space areas shall
not be governed by Section 4.7 of the Zoning Ordinance.
The approval of the special use permits with the extended time for
commencing the uses shall not preclude the Board from revoking
any special use permit for wilful noncompliance as set forth in
Section 31.2.4.4 of th'e Albemarle County Zoning Ordinance.
o
The terms General Office, Light Industrial and F/ex Industrial as set
forth in UREF, Volume 1, Part IX of the zoning application shall,
in addition to Zoning Ordinance definitions, guide the Zoning
Administrator in use determinations. In the event of definitional
conflict between the Zoning Ordinance and UREF descriptions,
UREF descriptions shall apply. In such case in which more that
fifty (50%) percent of the floor area for a Flex Industrial use is
developed to office use, the entire floor area shall be deemed to be
General Office. In such case in which less than fifty (50%) percent
of the floor area for a F/ex Industrial use is devoted to office use, the
Page 2 of 3
entire floor area shall be deemed to be Light Industrial. This
provision shall apply only for determination of maximum square
footage by type of use. This provision shall not apply to calculation
of parking requirements or other requirements of the Zoning
Ordinance, nor to any requirements of the Uniform Statewide
Building Code nor to any 6ther ordinance or regulation related to
'[ype of usage of buildings and structures.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true,
correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle
County by vote of'~ to 2 on June 5, 1996.
Cl~.rk, Board of County Sup~sors
Page 3 of 3
7
PROFFER STATEMENT
UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION
Final Version: 'March 21, 1996
PROFFER STATEMENT
UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION
REZONING APPLICATION: #ZMA-95-04
.-- 'Final Version: March 21, 1996
University of Virginia Real Estate Foundation (the "Applicant"), through its wholly-owned
subsidiary, UREF Research Park, Inc. is the fee simple owner of that certain property described in
rezoning application #ZMA-95-04 as Tax Map Reference 32, Parcels 4B, 6A, 6, 18 and 19, less and
except Parcels F-2 and B9.1 described herein (the "UREF Property'). MicroAire Surgical
Instruments, Inc. is the fee simple owner of Parcel F-2, more particularly described on the attached
Exhibit 1.1 (the "MicroAire Property"). Motion Control Industries, Inc. is the fee simple owner of
Parcel B9.1, more particularly described on the attached Exhibit 1,1 (the "Motion Control Property").
The UREF Property, the MicroAire Property and Motion Control Property are referred to collectively
as the "Property". Applicant, UREF Research Park, Inc., MieroAire Surgical Instruments, Inc. and
Motion Control Industries, Inc. hereby voluntarily proffer that if the Property is rezoned by the Board
of Supervisors of Albemarle County (the "Board") to the Planned Development Industrial Park CPD-
IP"), development of the Property shall be in accordance with the following proffers pursuant to
Section 15.1-491.2:1 of the 1950 Code of Virginia, as amended (the "Code"), and applicable portions
of the Albemarle County Zoning Ordinance (the "Ordinance").
If Applicant's Rezoning Application is denied, these proffers shall immediately be null and
void and of no further force or effect. All of these proffers are offered voluntarily pursuant to the
Ordinance and relevant sections of the Code. The proffers herein shall not be interpreted to authorize
any person to apply lesser standards than those contained in any: (i) state statutory, regulatory or code
minimum standards, or (ii) County ordinance or regulation, including the Ordinance, except as
permitted by the regulations of the PD Zoning District. These proffers shall supersede all other
proffers made prior hereto, including those proffei's made by Applicant in ZMA-78-15.
I. REZONING APPLICATION PLANS AND ILLUSTRATIONS
1.1 Plans and Illustrations. Applicant has presented, as part of its Rezoning Application, a
number of conceptual plans and illustrations for various purposes, but principally to provide
justification for the rezoning action which it seeks,-and to illustrate the process-through which the
Applicant developed its proposal. Applicant's development of the Property (also referred to herein as
the "Project") shall be in accordance with Applicant's Zoning Application Plan (the "Zoning
Application Plan"), as provided in the Ordinance. Unless specifically referenced in these proffers, all
plans and illustrations submitted as part of Applicant's rezoning application shall be deemed illustrative
only, and such plans and illustrations shall not be deemed proffers.
1.2 Plan Exhibits. These proffers shall include the following plans, which (except for the
Zoning Application Plan) are limited to the purpose for which they are referenced in a proffer:
· Zoning Application Plan
· Stormwater Management Plan, Exhibit 4.2
· Internal Road Network Plan, Exhibit 5.1
· Road Network Phasing Plan, Exhibit 5.3
· Open Space System Phasing Plan, Exhibit 6.1-
II.
OWNERS ASSOCIATION AND DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
2.1 Declaration. The Applicant shall prepare and place on the Property within six (6) months
of the rezoning, a Declaration of Covenants, Conditions and Restrictions (the "Declaration"). The
Declaration's purpose will be to facilitate the planning and development of the Property in a unified
and consistent manner. The Declaration shall set forth covenants, conditions and restrictions for
private enforcement only by owners within the Project. The clear intent of the Declaration will be
that the County of Albemarle will have no rights or obligations to enforce such covenants, conditions
and restrictions. The Declaration shall not be interpreted as authorizing any relaxation of state or
Albemarle County regulatory or minimum code standards, except as allowed by the regulations of the
PD Zoning District.
2.2 Design Standards. The Declaration shall impose design and architectural guidelines for
each development area within the Property; the architectural and design standards for the respective
development areas (the "Design Guidelines") will ensure high quality architectural and landscape
design and a harmonious, well-balanced business community.
2.3 Fixed Standards.
(a)
The following elements of the Design Guidelines shall be referenced in the
Declaration:
(i) Types of materials to be used in construction of buildings;
(ii)
Required setbacks from properties adjacent to the Project, lot/building
ratios, height restrictions; and
2.4
(iii) Types of materials to be used and standards for landscaping.
Design Guidelines. The Design Guidelines also shall:
(a)
Provide the standards for development within the Project and explain how such
standards are implemented;
(b)
Provide for creation of a Design Review Committee on which the Applicant shall
have a permanent seat unless or until the University of Virginia occupies at least
one seat. (The County of Albemarle will not participate on such Design Review
2
Committee. The Design Guidelines shall not be interpreted as supplanting any
applicable design review by the County's Architectural Review Board);
(c)
Provide an outline of the procedures and contacts for approvals by the Design
Review Committee in connection with design and construction within the Project;
and '
(d)
Include recommendations to users for water conservation techniques (such as low
flow showers anti toilets, water-conserving landscaping techniques, water
reclamation, and water reuse).
2.5 Maintenance of Common Areas. The Declaration shall provide a mechanism for
establishing and maintaining all common areas within the Project, including the following:
(a)
The Applicant shall either: i) organize a North Fork Owners Association or such
other private, area or business associations as may be necessary to address specific
area or business concerns of the Project (the "Organization(s)") as non-stock
organizations under the laws of Virginia for the ownership, care and maintenance
of all such lands and improvements owned or entrusted to such associations (the
"Common Areas"); or ii) directly control such ownership, care and maintenance of
Common Areas, unless or until a public body or a governmental agency assumes
control and/or ownership of such Common Areas.
(b)
The Organization(s), if formed, shall be bound by the Declaration's covenants,
conditions and restrictions running with the land. The Applicant or such
Organization(s) shall be responsible for the perpetuation, maintenance and function
of all Common Areas, including lands, uses and facilities located therein.
(c)
The Applicant or such Organization(s) shall provide a means for identifying
Common Areas as to location, size, use and control in one or more restrictive
covenants, and such covenants shall set forth the method of assessment for the
maintenance of such Common' Areas. The Declaration's method of identifying
Common Areas shall not supersede any applicable requirements to identify common
areas in a site development plan or plat.
(d)
The Declaration shall be in full force and effect for a period of not less than
twenty-five (25) years and shah be automatically extended for successive periods of
twenty-five (25) years unless terminated in a manner set forth in the Declaration.
(e)
If created, the Organization(s) shall continue in effect so as to control the
availability of the facilities and land thereby provided and to maintain the Common
Areas for their intended function. Such Organization(s) shall not be dissolved nor
shall such Organization(s) dispose of any Common Area space, by sale or
otherwise, except to successor organizations conceived and organized under the
3
same standards and principles set forth herein for the Organization(s) to own and
maintain the Common Areas.
III. DENSITY
3.1 Total Buildout. Total gross floor area within the Project shall not exceed 3,000,000
square feet, excluding re~'ycling centers, picnic shelters, fire and emergency response station(s), office
trailers for temporary use during construction of permanent structures, small (not to exceed 1500 gross
floor area per building) storage'buildings, and structures included as amenities within Common Areas
(collectively, the "Excluded Areas"). In the first year of development of the Project, from the date of
the County's approval of the Applicant's rezoning, (the "Initial YearH) total .gross floor area within the
Project shall not exceed 500,000 square feet, (excluding the Excluded Areas and the total gross floor
area either existing on the'MicroAire Property, or as approved on the preliminary site plan for the
Motion Control Property). After the Initial Year, the total gross floor area within the Project which
may be constructed in any one year shall not exceed 200,000 square feet, plus any accumulated
undeveloped square feet of gross floor area. For the purposes of this Section 3.1, accumulated
undeveloped square feet of gross floor area shall mean the sum of any square feet of gross floor area
allowed but not developed in the Initial Year and the square feet of gross floor area less than 200,000
square feet not developed in each subsequent year to that datc.
IV. STORMWATER MANAGEMENT AND WATER CONSERVATION
4.1 Flood Plain. The area of the 100-year flood plain within the Project shall remain
undisturbed except for road crossings, public utility facilities and their crossings, and pedestrian and
riding trails, and only to the extent such exceptions are permitted by County ordinances and
regulations.
4.2 Stormwater Management Plan. The Applicant shall implement (as part of the site
development plan approvals) an overall stormwater management plan for the Project, incorporating the
applicable drainage sheds on the Property and in accordance with the Stormwater Management Plan,
attached as Exhibit 4.2. Applicant's implementation of the Stormwater Management Plan shall include
those modifications that comply with design and engineering standards necessary for approval by the
County during the site development plan review process for Project developmeni.
4.3 Wetlands. Wetlands, as defined by the Federal Manual for Identi~ing and Delineating
Vegetated Wetlands, in effect on the date of these proffers, shall not be disturbed in the Project except
for the installation and use of roads, permanent retention ponds, utilities and walking trails, or any
other uses approved by the County after obtaining' all necessary federal, state and local permits and
approvals.
4.4 Water Conservation. NO single industrial or commercial user which proposes a use that
will require more than 125,000 gallons per day (average daily consumption) of potable water shall be
constructed without obtaining County approval. The County shall consider whether to approve such a
user through the same procedures as required in an application for special use permit (including the
same notice requirements, public hearings, and Planning Commission review as in the process for
considering a special use permit). The County's approval shall be limited solely to issues of water
usage and must include a finding that sufficient capacity exists to support such a user. The County's
approval may include reasonable conditions relating to water usage.
Ve
TRANSPORTATION
5.1 Internal Road. Network. Applicant shall provide vehicular access within the Project by an
internal road network generally in the locations shown on the attached Exhibit 5.1, ("Internal Road
Network"). Applicant shall design~ construct, and install signs and signalization for the Internal Road
Network in accordance with minimum standards of the Virginia Department of Transportation
CVDOT"), unless VDOT approves a lesser standard at Applicant's request. Applicant shall make the
necessary modifications to previously constructed intersections to the extent that subsequent
development of areas within the Project impacts such previously constructed intersections, including
modification of the Internal Road Network design and signalization for such intersections. The exact
location of roadways depicted on Exhibit 5.1 shall be subject to adjustment during the subdivision
plat/site plan approval process.
5.2 Road Construction Standards.
(a)
All internal roads which serve an area submitted to the County for site plan
approval, (and other Internal Road Network improvements which VDOT and the
County reasonably determine are necessary for safe and convenient access to such
area) shall be constructed or bonded for construction and dedicated for public use,
for acceptance into the state highway system at the time of recordation of the final
subdivision plat recordation for each applicable area or at the time of issuance of a
certificate of occupancy for development under a site development plan.
(b)
Applicant shall construct the Internal Road Network in phases according to Exhibit
5.3. The proffer to construct roads to VDOT standards shall not require
completion of construction of such roads, or segments thereof, before the issuance
of the first certificates of occupancy for a building served by that road, or segment
thereof, so long as adequate bonds are in place and so long as the Zoning
Administrator determines that safe and convenient access to public roads is
preserved in accordance with Section 31.2.3 of the Ordinance. Before issuance of
certificates of occupancy, however Applicant shall complete that segmem of road
which serves the building for which a certificate of occupancy is sought with at
least the base and one (1) layer of plant mix asphalt. The final layer of plant mix
asphalt may be withheld until all sewer lines, water lines and other conduits have
been placed under the pavement but will be completed to an approved VDOT
pavement depth and design before the request for VDOT acceptance of the road.
Applicant shall be responsible for the maintenance of the roads within the Internal
Road Network until they have been accepted into the state system for maintenance.
5
5.3 Phases of Development. The following schedule shall apply for determining the timing of
road improvements set forth in 5.4 below:
PHASE I
· Land Use (1) '- Maximum
-- Cumulative
. Buiid-0Ut(2)
Maximum }3~ild-out to be accessed by Road A
(all uses): 635,000
Support Commercial to' 85,000(2)
Maximum Build-out to be accessed by Rt. 606
(all uses): , 345,000
General Office limited to: 120,000
Support Commercial limited to: 25,000
Maximum Total Build-out, Phase I (all uses) 980,000(3)
PHASE II
Maximum
· Cumulative
Land Use (!). Build-out (2)
General Office: 1,068,000
Support Commercial: 110,000
Hotel: 190,000
Maximum Total Build-out, Phase II (all uses) 1,568,000(3)
PHASE III -'
Maximum
Cumulative
Land Use i.(.1) Build-out(2)
General Office: I 2,300,000
supportCommercial: . 110,000
Hotel: 190,000
Maximum Total Build-out, Phase III (all uses)3,000,000(3)
6
(1) Note:
(2) Note:
The use categories in the charts above shall have the following definitions for the purposes
of this Article V: "General OfFice" shall mean business and professional office uses as
contemplated in the Zoning Application Plan and Zoning Application text. "Hotel' shall
haVe the definition set forth in the Ordinance. "Support Commercial" shall mean those
uses listed on the "Non-Residential Land Use Guidelines" Table, Village and
Neighborhood Service Areas, Typical Primary Uses Section, in Section 9.0 of the
Ordinance as,well as the following uses: copy centers, florists, newsstands, pipe and
tobacco shops, barber and beauty shops and tailor shops.
Total gross floor area, in square feet.
(3) Note:
Nothing contained herein shall restrict Applicant from altering the mix of land use types
within any Phase of development in accordance with the Project Zoning Application Plan.
Applicant proffers that the total build-out of Hotel, General Office and Support Commercial use for
any given Phase shall not exceed the gross floor area limitations shown-in the charts above.
5.4 Proffered Road Improvements. Applicant shall design, construct and/or contribute for
road improvements in phases. Road improvement proffers in this section 5.4 shall not include
dedication of land unless expressly provided for herein. All construction by Applicant of offsite road
improvements shall be conditioned upon the County or VDOT obtaining required right-of-way, (if
such right-of-way is not owned in fee simple by Applicant), unless expressly provided herein. So long
as Applicant is ready, willing and able to construct an improvement as provided in these proffers,
even though the necessary right-of-way is not available, (and in the instances in which Applicant has
proffered to acquire right, of-way, and the Applicant has made good faith efforts to acquire the land
necessary for such right-of-way) Applicant shall not be precluded from developing the approved
density build-out under the applicable zoning, unless the improvement is otherwise required by
applicable regulations or ordinances. Unless an earlier time is required below, the road improvements
described in this Section 5.4 for each applicable phase shall be completed or bonded, or contributed
for (as set forth below), before constructing each phase's Maximum Total Build-out as set forth in 5.3
above.
(a)
Applicant shall satisfy the following Phase I road proffers before the Maximum
Total Build-out, Phase I (as shown in 5.3 above) is constructed or earlier if (i)
specified in this 5.4 (a), or (ii) a need is created by such development and is
demonstrated by a traffic study approved by VDOT. In general, the proffered
Phase I road improvements shall be as described on Exhibit 5.3 attached hereto.
Notwithstanding the foregoing,Applicant shall be permitted-to construct beyond the
Total Maximum Build-out, Phase I in advance of satisfying all Phase I road
proffers, if a traffic study approved by VDOT demonstrates that the following
intersections will function, with the proposed additional building construction, at a
Level of Service "D" (LOS D) or better: (i) Route 649 and Road A, (ii) Route 606
and Quail Run, (iii) Route 606 and Route 649, and (iv) Road A and U.S. 29.
(1)
Applicant shall design and construct a northbound turn lane from Route 606
onto Quail Run for approximately 150 feet from the existing intersection.
(b)
(2)
(3)
(4)
Applicant shall acquire (or reimburse the acquiring governmental entity for
acquisition costs, if Applicant is unable to acquire) right of way for, design
and construct two northbound left turn lanes on U.S. 29 at the intersection
of Road A (North Fork Entrance) and U.S. 29. Applicant shall acquire (or
reimburse the acquiring governmental entity for acquisition costs, if
Applicant is unable to acqflire) right of way for, design and construct a
channelized southbound right turn lane on U.S. 29. The Road A exit shall
include dedication, design and construction of two eastbound left turn lanes
and tWo eastbound right turn lanes. The entrance at Road A also shall
include dedication, design and construction of two westbound through lanes.
Applicant shall install, or pay for the installation of all traffic signals
necessary for appropriate traffic control at the improved intersection at U.S.
29 and Road A no later than completion of the two northbound left turn
lanes on U.S. 29 (referenced in proffer 5.4(a)(2) above). If an additional
road is added to such intersection to satisfy needs of other development in
the County however, Applicant's signalization requirement shall not include
improvements serving such additional road.
Provided that all construction of the turn lanes is completed within 10 year,
from the date of final approval of this Application, Applicant shall
contribute upon completion of two left turn lanes at the intersection of U.S.
29 and Route 649, the total sum of $78,718.00 (Applicant's
"Contribution"). Notwithstanding the foregoing, the Applicant's
Contribution may be used, at the County's discretion, to fund prior to
completion of the project, a portion of the design and engineering costs in
order to expedite the widening of Route 649 from two lanes to four lanes so
long as Applicant is afforded the opportunity to participate in such design
and engineering process. In the event that the Contribution, after it is
received by the County, is not used, within 10 years either for construction
of the turn lanes, or for the design and engineering costs for Route 649
widening, then the Contribution shall be returned to the Applicant, without
interest.
Applicant shall satisfy the following Phase II road proffers before the Maximum
Total Build-out, Phase II is constructed (but not before the Maximum Total Build-
out, Phase I is constructed) (as set forth in 5.3 above) or earlier if (i) specified in
this 5.4 (b), or (ii) a need is c/'eated by such development find is demonstrated by a
traffic study approved by VDOT (provided however that if the site development
plan review process does not otherwise require ApPlicant to supply a traffic study,
Applicant will provide at least a traffic count upon the County's request for
evidence that such need has not been created):
(1)
Applicant shall design, dedicate, and construct within the Project a two lane
collector road extending from U.S. 29 to Route 649 through the North Fork
Project within six months of the issuance of the first certificate of occupancy
(c)
for a building constructed after construction of the Maximum Total Build-
out, Phase I (980,000 gross floor area). Applicant shall dedicate and widen
to four lanes the two lane collector road extending from U.S. 29 to 649
when traffic volumes within the Project create the need for such widening.
(2) Applicant Shall design, dedicate and construct at the Route 649 entrance:
· 'two southbound left turn lanes on Road A, one southbound right turn lane
on Road ~A, and two northbound through lanes on Road A.
(3) Applicant shall construct at the intersection at Road A and Route 649: one
westbound right turn lane on Route 649, and one eastbound left turn lane on
Route 649.
Applicant shall design and install all traffic signals necessary for appropriate
traffic control at the intersection of Route 649 and Road A as improved in
satisfying these Phase II road proffers, but no later than when a need is
created by the Project.
Construction of improvements may proceed up to the Maximum Total Build-out,
Phase III described in 5.3 above if any one of the following conditions shall have
been satisfied (but such conditions shall not be conditions for constructing the
Maximum Total Build-out for Phases I and II):
(1)
Applicant shall design and construct (within existing right of way) the
addition of a third southbound through lane on U.S. 29 from the entrance to
North Fork at Road A to Route 649. In the alternative, if VDOT requires,
and at the County's direction, Applicant shall contribute an amount equal to
the design and construction costs which would otherwise be contributed by
Applicant for an additional southbound through lane on U.S. 29 for the
purpose of constructing of a grade separated interchange at the intersection
of' Route 29 and the entrance to North Fork. Nothing contained herein
however shall be deemed to be a proffer by Applicant to construct such a
grade separated interchange.
(2)
Before the issuance of the first certificate of occupancy for improvements in
excess of the Total Maximum Build-out, Phase II, VDOT shall have
approved funding for the design and construction of the widening of U.S. 29
to six through lanes between the entrance to North Fork at Road A to Route
649.
(3)
Construction may nevertheless continue in excess of the Total Maximum
Build-out, Phase II (but in no event beyond the limitation contained in 3.1)
without all the road improvements having been completed as contemplated
in (1) and (2) above so long as Applicant can demonstrate to VDOT through
traffic studies approved by VDOT that acceptable levels of service (LOS
"D", or better for U.S. 29 and Route 649 intersection) can be maintainca
with existing, or alternative improvements.
(d)
Applicant shall dedicate within its Project, an area necessary for construction of a
grade separated interchange. The approximate location shall be as designated on
Exhibit 5.3 as "Future Right of Way Area for Grade Separated Interchange."
Applicant shall dedicate such area-without consideration, and when the interchange
is to be constructed. It is Applicant's desire to participate in the design for such
interchange so that Applicant may preserve the aesthetic features of the Project's
entrance.
VI. RECREATIONAL AREAS AND OPEN SPACE
6.1 Developed Recreational Areas. Applicant shall develop active recreation and picnic areas
as shown on the attached Open Space System Phasing Plan (Exhibit 6.1). Phasing of the Open Space
System improvements shall follow the phasing schedule of proffered road improvements as set forth in
5.4 above. For example, those open space improvements described for Phase 1 on Exhibit 6.1 shall
be completed before construction of the Maximum Total Build-out, Phase I, as set forth in 5.3. Such
recreation areas, unless conveyed to the County, shall be maintained by the Applicant or an
appropriate Organization for use by users within the Project. Applicant shall convey to the County,
without consideration, the ball fields depicted on Exhibit 6.1. Active recreation areas will not be
lighted with field or stadium lighting.
6.2 - Open Space. Applicant shall restrict development of areas not shown as development
parcels on the Open Space System Phasing Plan, subject to boundary adjustment once boundaries are
established by plat (and the boundaries later shown on plats may be adjusted from those depicted on
Exhibit 6.1). In no event will the total area of such undeveloped areas, including the Green Belt
(defined in 6.3 below), Buffer areas (defined in 7.2 below), and recreation areas described in these
Proffers be less than a total of 200 acres. These areas shall be for the use and enjoyment of the
residents of the Project, subject to the restrictions imposed by the Declaration. Applicant may
dedicate such undeveloped areas to the North Fork Owners Association or to an appropriate
Organization. No structUral improvements other than utilities, pedestrian and riding trails, and
Common Area amenities shall be constructed in these areas. Applicant does not intend by this proffer
to subject these areas to Section 4.7.3 of the Ordinance, if such areas are not currently governed by
such ordinance.
6.3 Rivanna Green Belt. Applicant shall reserve a 100 foot wide area along the boundary of
the Property and adjacent to the Rivanna River ("Green Belt"). No structural improvements (other
than pedestrian and riding trails, and utilities) shall be constructed, or erected .within the Green Belt
without the consent of the County. Applicant may grant across the Green Belt utility easements, and
access easements to the Rivanna River for the users within the Project and their guests, and may at its
option, build pedestrian and riding trails or similar uses of the area. The Green Belt shall remain
undeveloped except for pedestrian and riding trails and to the extent necessary to accommodate
utilities crossings. At such time as the County decides to establish along the Rivanna River a public
area or park within the Green Belt, and upon a request by the County, Applicant shall convey the
Green Belt to the County without consideration, provided the uses allowed for utilities, and pedestrian
and riding trails, etc. are reserved in the deed. The Green Belt may continue to be maintained by the
Applicant, at its option.
6.4 _C.._emeterv and Ice Pit Site. Applicant shall not disturb the existing family cemetery located
approximately in the area as shown on the Open Space System Phasing Plan. Applicant
shall complete within one year of these proffers, a preservation plan which incorporates the cemetery,
ice house and former homestead site into the development of the Project. Once completed, the
preservation plan shall be filed with the County to accompany these proffers. The preservation plan
shall memorialize the historical significance of this site, consistent with the wishes of the family of
those interred in the cemetery. The plan shall include a strategy for preserving these sites. The plan
shall be implemented as .the areas surrounding the sites are developed or as necessary in order to
prevent further degradation of the sites from the date of these proffers.
VII. LANDSCAPING AND BUFFERING
7.1 Landscaping. The Applicant shall landscape all Project roads in accordance with the
standards contained in the "Exhibit D, UREF's North Fork Street Tree Master Plan", filed with the
Albemarle County Planning Commission on November 1, 1994. Placement of trees and underground
utilities shall be designed to avoid root interference with such utilities.
7.2 Buffer Areas. Applicant shall not disturb the Buffer Areas as depicted on the Zoning
Application Plan, other than to: i) construct signage, fences or walls, ii) remove underbrush, or iii)
plant landscaping trees for screening. Applicant shall plant additional landscaping in Buffer Areas as
reasonably required for screening. Applicant shall plant durable trees on parcel B-7 (as identified on
the Zoning Application Plan) prior to commencing construction of improvements on parcel B-7. The
purpose of planting additional trees in this area will be to provide screening to adjoining residences.
VIII. FIRE STATION
8.1 Fire Station. Applicant shall dedicate to the County, at County's request, up to a
maximum of five acres for the purpose of construction by the County of a fire and emergency
response facility; provided however, that Applicant shall not be required to dedicate such land until
the County has included such a facility in its Capital Improvement Plan (CIP). The five acre parcel
shall be located on Parcel D in the area designated on the Zoning Application Plan. This proffer ma~
be satisfied by Applicant's acquiring and dedicating an alternative parcel of land located offsite that is
acceptable to the County. So that the Project's design integrity, as contemplated in Applicant's Desig
Guidelines, may be maintained it is Applicant's desire that it be consulted on the exterior design of t~
fire station if it will located within the Project. Applicant shall contribute funds for, or provide
directly through its own programs, hazardous materials training for County fire and emergency
personnel. Applicant's contribution of funds shall be limited to funding for up to 2 sessions a year f¢
3 years, beginning with the completion of the_ County's fire station.
8.2 Hazardous Materials. No Hazardous materials, including medical wastes shall be disposed
within the Project.
8.3 Disposition of Dedicated Property. In the event any of the property dedicated to the Coun
pursuant to proffers 5.4(b)(1) and (2), 5.4(d), 6.1, 6.3, and 8.1 is not used for the purpose for whicl
it is proffered, with such use being undertaken within twenty (20) years of receipt of the property by
the County, then the property shall be used as open space.
IX. PROJECT PROGRESS REPORT
9.1 Project Report. Applicant shall submit a report to the Department of Planning and
Community Development, or its successor, every 3 years. The report shall outline the development
activity in the Project over the applicable period. -_
X. SIGNATORY
1.0.1 Certificate. The undersigned certifies that they are the only owners of the Property which
is the subject of this application.
10.2 The Applicant. These proffers shall mn with the Property and each reference to the
"Applicant" within these proffers shall include within its meaning, and shall be binding upon,
Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the
Property.
UNIVERSITY OF VIRGINIA REAL ESTATE
FOUNDATION
By: I ~ ·
UREF RESEARCH PARK, INC.
MOTION CONTROL INDUSTRIES, INC.
By:
Title:
~,,~t.,...RE SURGICA~...NSTR~ENTS, INC.
Title:
it is proffered, with such use being undertaken within twenty (20) years of receipt of the property by
the County, then the property shall be used as open space.
IX. PROJECT PROGRESS REPORT
9.1 Project Repo..rt. Applicant shall submit a report to the Department of Planning and
Community Development, or its successor, every 3 years. The report shall outline the development
activity in the Project over the applicable period.
X. SIGNATORY
10.1 Certificate. The undersigned certifies that they are the only owners of the Property which
is the subject of this application.
10.2 The Applicant. These proffers shall mn with the Property and each reference to the
"Applicant" within these proffers shall include within its meaning, and shall be binding upon,
Applicant's successor(s) in interest and/or the developer(s) of the Property or any portion of the
Property.
UNIVERSITY OF VIRGINIA REAL ESTATE
FOUNDATION
By:
Title:
UREF RESEARCH PARK, INC.
By:
Title:
MOTION CONTROL INDUSTRIES, INC.
By: ,'f --~ ,.' <:.-"- j,-'" ~ '~-""~""
Title: (.,/c--
MICROAIRE SURGICAL INSTRUMENTS, INC.
By:
Title:
c~t¥/cou~,¥ o~~ CL~ ~~ ;Ce._.
The foregoing instrument was acknowledged before me this 4 day of (~la..,-,.x_/~_~ ,
Estate Foundation on behalf of the Foundation.
My commission expires:
[SEAL]
oq- .~o- e {~
Nota~ Public
STATE OF
c~r¥~co~r¥ o~ ~\~~
The foregoing instrument was acknowledged before me this 2[''vt- day of
1996, by ~r'~,~G~-'~- [..-~ c~ , on behalf of UP. EF ~' ...... '- Park,
My commission expires:
[gEALI
Notary Publ [~
STATE OF ,~ .~'~
CITY/COUNTY OF Q
The foregoing instrument was acknowledged before me this t~. dayof
t
1996, by f~;,~. {~-D, (?.~o .,,~;e.. , (_~.)Loz.~ C)~--t-~ ~)~. of the University of Virginia Real
~' ! ' Ut,'
Estate Foundation on behalf of .the Foundation.
My commission expires:
[SEAL]
Notary Public
STATE OF
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
1996, by'-'~.~.-. ' ~ ~ , on behalf of UREF Research Park, Inc.
My commission expires:
[SEAL]
Notary Public
STATE OF ~,~.,~
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this
~,- day of
1996, by '~3,, .......-~. ~_ .,.- .~. _. , on behalf.Of Motion Control Industries, Inc.
My commission expires:
[SEAL]
DIANE M. GALVIN
Notary Public, Slate of New York
No. 5008517
No~a~.Public
Qualified in Onondaga County ~ ~
Commissmn Expires February 22. 19''~ /
U A2588~ I g~5DOC~NO RFRZC C.DOC
Mr. and Mrs. Charlie Anderson
2009 Woodburn Road
Charlottesville, Virginia
April 22,1999
County of Albemarle
Planning and Zoning Department
Albemarle County Office Building
Charlottesville, Virginia 22902
RE:
Rezoning Application Submitted
by Arthur A. Valente
.20 Acre Portion of Tax Map 45,
Parcel 90
Gentlemen,
We are the owners of the above referenced .20 acre parcel
(the "Parcel"), and are under contract with Mr. Valente and his
corporation, Legend Development Company, for the transfer of the
Parcel. Mr. Valente has submitted a re-zoning application on our
behalf to the Albemarle County Planning and Zoning Department to
re-zone the Parcel from R-6 to C-1.
In order to proceed with the re-zoning request, we have been
advised that the County is requiring our signature on the
attached Proffer Form. We hereby tender the executed Proffer
Form with express understanding that the Proffer will not be
effective unless the County re-zones the Parcel to C-lo
Should you have any questions concerning the above request,
please do not hesitate to contact us.
Very Truly Yours,
Charlie Anderson
Geneva Anderson
03/24/1999
01: 85
08: $8
0
FAX 9?24012
Date: '~. t~,.o.o, ZMA I1
A. VALENTE
DEPT OF PLANNING
Tax Map Parcel(s] ft
PAGE 03
Original Pr0gT~'r
Amended Proffer _.
(Amendment
Acres to be rozoncd ~'rom ' R-L__ Io ~;t_.
Pursuant to Seclion 33.3 of tho Albemarle County Zoning Ordinance. I. he owner, or
its duly auk~orizcd agent, hercl)y voluntarily pro//ers fhe: conditions listed below which sha~l
be applied to the property, if rezoncd. Ti~ese con(lilioAs are proffered as a pad of the
requesfed rozonb~g and i: is agrecci thai: (1) [l~e rezo,ing ifsol[ gives r~c t0 thc need tot
ll~e condi'.ions: m~d (2) such condilions lmve a re~sonal;la r~la[[on to Iho rozoning
reques(ed.
Peru~t~ed ~ses o~ ~he properc¥$ and/or uses &uchor~=~d by epe~el use
A~be~rle County Zonin~ Ordinance i~ effe¢: on Hay 8, 1996, a copy o£
the sections bein~ attached he,eta, excep~ the £olIoer~ui;
Section 22.2.1
Section 22.2.1
Section 22.2.!
Section 22,2.1
Item a22:
0epar~menc SEa:es
NavssCaflds, masaz~nem, pipe and :;~aCco shops
A~owobile service stations
Automobile, C~uck repair shop lncludin& body shop
L~.G,~3,1t> t:~:'v~'t~pl,3~ co.
S~gODIUtO.~ Of/tit Owoor5
o~
Pr;hied N1~1",~3 cji A~i O,,vr~rs
Signature of All0rncy-in-i':m'.l
(AttaCh Proper Power or AltornOy)
Printed N.')mc at AII0~'ncy-in.l::lCl
April 28, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4,596
(804) 296-$823
Arthur Valeme, Architect
1871 Seminole Trail
Charlottesville, VA 22901
RE: ZMA-98-26 Woodbrook Crossing Executive Offices; Tax Map 45, Parcel 90
Dear Mr. Valente:
The Albemarle County Board of Supervisors, at its meeting on April 21, 1999, unanimously
deferred the above-noted petition to is May 5, 1999 Consent Agenda. This petition was deferred
in order to allow Planning and County Attorney staff time work with the applicant'to' revise
proffers.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Senior Planner
SET/jcf
Cc: Amelia McCulley
Jack Kelsey
MUNICIPAL CLERKS WEEK
WHE~, the Off~ of the Municipal Clerk, a time honored and vital part of local government,
exists throughout the ~vorld; and
WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and
WHEI? EAS, the Office of the Municipal Clerk provides the professional link between the citizens,
the local governing bodies and agencies of go~,ernment at other levels; and
WHEREAS, Municipal Clerks ha~e pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on functions of local government
and communit~v;
WHE~, Municipal Clerks continually striee to improve the administration of the affairs of the
Office of the Municipal Clerk through participation in education programs, seminars, ~vorkshops and the
annual meetings of their state, province, county and internaa'onal professional organizations;
NO W, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board
of Counfy Supervisors, do hereby recognize the week of
May 2 through May 8, 1999, as
MUNICIPAL CLERKS WEEK
and further extend appredation to our Municipal Clerks for the vital services thqy perform.
Dated this 5th day of May, 1999.
ALBEMARLE BOARD OF COUNTY SUPER VISORS
NATIONAL POLICE MEMORIAL WEEK
WHEREAS, May 15 of each year was proclaimed "Police Officer's Memorial Day"
by President John F. Kennedy on October 1, 1962, in honor of those peace officers who, through
their courageous deeds, have lost their lives or become disabled in the performance of duty; and
WHEREAS, the calendar week in which it falls was proclaimed "Police Week" in
recognition of the service given by the men and women who night and day protect the citizens
through enforcement of our laws; and
WHEREAS, in these days of increasing fear, rising crime, reckless acts of violence,
recall to our minds President Kennedy's words of praise for these officers as "truly men and
women of courage, judgment, integrity and dedication;" and
WHEREAS, we share his sentiments and agree that it is time to remind the public of
the day-by.-day heroism of our officers, both those on active duty and those who have given their
lives in the line of duty;
NOW, THEREFORE, I, Charles $. Martin, Chairman, on behalf of the Albemarle
Board of County Supervisors, do hereby declare and set aside the week of
May 9 through May 16, 1999, as
NATIONAL POLICE MEMORIAL WEEK
and call upon all citizens to recognize the significant efforts and accomplishments of these officers.
CHAIRMAN
ALBEMARLE BOARD OF COUNTY SUPERVISORS
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Bob Brandenburger
Deputy Director of Human Resources
EHa W. Carey, Clerk, CMC
May 11, 1999
Board Actions of May 5, 1999
At its meeting on May 5, 1999, the Board of Supervisors adopted the attached resolution
to provide special Virginia Retirement System benefits to full time firefighters employed by the
County of Albemarle.
In addition, the Board adopted a recent change passed by the 1999 General Assembly
which allows VRS members who are between 50 and 55 years of age and who have 30 or more
years of service credit in VRS to retire with no reduction for receiving retirement prior to age 55.
This benefit calculation is effective as of July 1, 1999.
/ewc
Attachment
cc: Roxanne White
Kevin Castner
Carl Pumphrey
RESOLUTION
Extension of Virginia Retirement System Benef'ds to Professional Firefighters
BE IT RESOLVED that the County of Albemarle, Virginia, a political subdivision currently participating
in the Virginia Retirement System under provisions of Title 51.1, Chapter 1, Article 5 of the Code of Virginia,
as amended, acting by and through its Board of Supervisors, does hereby elect to have such of the employees
of the County who are employed in positions as full time salaried firefighters and whose tenure is not restricted
as to temporary or provisional appointment, to become eligible, effective June 1, 1997, to be provided benefits
in the Virginia Retirement System equivalent to those provided for State police officers of the Department of
State Police, as set out in Section 51.1-138 of the Code of Virginia, in lieu of the benefits that would otherwise
be provided as such provisions have been or may be amended from time to time, and the County agrees to pay
its cost for participation of such employees becoming covered hereunder.
BE IT FURTHER RESOLVED that Charles S. Martin, Chairman of the Board of Supervisors, and Ella
W. Carey, Clerk, are hereby authorized and directed in the name of the County to execute any required contract
in order that professional firefighters are provided the benefits equivalent to those provided for State police
officers of the Department of State Police. In execution of any contract which may be required, the seal of the
County shall be affixed and attested by the Clerk, and said officers of the County be and they are herebv
authorized and directed to do any other thing, or things, incident and necessary, in the lawful conclusion of this
matter. The Director of Finance of the County is hereby authorized and directed to pay over to the Treasurer
of Virginia from time to time such sums as are due to be paid by the County and its employees of this purpose.
I, Ella W. Carey, Clerk, of the Board of Supervisors of the County of Albemarle, Virginia, certify that
the foregoing is a true and correct copy of resolution adopted at a lawfully organized meeting of the Board of
Supervisors held at 401 Mclntire Road, County Office Building, at 9:00 a.m., on May 5, 1999.
Given under my hand and seal of the County of Albemarle, Virg~hi~day of May, 1999.
/ /
~rk~AI6~-~'arle Coun~ Board of S~i~m
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Law Enforcement Officer (LEOS) Coverage for County
Firefighters
SU BJECT/PROPOSAL/REQU EST:
Request approval of resolution to provide LEOS benefits to
County firefighters.
STAFF CONTACT(S):
Tucker, White, Brandenburger
AGENDA DATE:
May 5, 1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
IN FORMATION:
Draff.~~'''~
In 1976, the Board passed a resolution to provide special Virginia Retirement System benefits to its sworn law enforcement
officers (LEOS). This LEOS coverage was approved by VRS effective July 1,1976. LEOS benefits apply to sworn officers
in both the Police Department and the Sheriff's office.
DISCUSSION:
There are two differences in retirement benefits between LEOS and regular employees. First, LEOS covered employees are
eligible for full benefits at age 60 or 25 years of service while regular employees are eligible for full benefits at age 65 or 30
years of service. Second, LEOS employees are eligible for a supplement from VRS if they retire before age 65 with 20 or more
years of hazardous duty service.
The County began hiring firefighters in June 1997, and it was the intent that the firefighters be covered under the same special
benefits as law enforcement officers. It has recently come to the staff's attention that the County has not adopted a resolution
that would provide the special benefit to our firefighters. In fact, the County has been reporting all firefighters under the LEOS
coverage to VRS not realizing that the County had not officially adopted a resolution to include them in the special benefits
under LEOS.
RECOMMENDATION:
Staff recommends adoption of the attached resolution to provide full time firefighters employed by the County of Albemarle
which will provide them the Special Benefits provision provided in the Virginia State Retirement System.
99.072
Guide Resolution
Poi. Sub. - Firefighters
Already in VRS
Be it resolved that the County of Albemarle, Virginia, a political subdivision currently
participating in the Virginia Retirement System under provisions of Title 5 I. 1, Chapter 1, Article
5 of the Code of Virginia, as amended, acting by and through its Board of Supervisors, does
hereby elect to have such of the employees of the County who are employed in positions as full
time salaried firefighters and whose tenure is not restricted as to temporary or provisional
appointment, to become eligible, effective . to be provided benefits
in the Virginia Retirement System equivalent to those provided for State police officers of the
Department of State Police, as set out in Section 51.1-138 of the Code of Virginia, in lieu of the
benefits that would otherwise be provided as such provisions have been or may be amended from
time to time, and the County agrees to pay its cost for participation of such employees becoming
covered hereunder.
Be it further resolved that , Chairman of the Board of
Supervisors, and , Clerk. be and they are hereby authorized
and directed in.the name of the County to execute any required contract in order that the benefits
equivalent to those provided for State police officers of the Department of State Police. In
execution of any contract which may be required., the seal of the County shall be affixed and
attested by the Clerk. and said officers of the County be and they are herebv authorized and
directed to do any other thing, or thinzs, incident and necessary in the lawful conclusion of this
matter. The Treasurer of the County be and he is hereby authorized and directed to pay over to
the Treasurer of Virginia from time to time such sums as are due to be paid by the County and its
employees of this purpose.
CERTIFICATE
I, ,, Clerk of the Board of Supervisors of the County of Albemarle,
Virginia, certify that the foregoing is a true and correct copy of resolution passed at a lawfully
organized
meeting of the Board of Supervisors held at
(p.m.) on ...... 19
County this day of .19
, Virginia, at (a.m.)
Given under my hand and seal of the
Clerk
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
John Miller
Chief of Police
Carey, Clerk, C~
Ella
W.
May 14, 1999
Trophy Chase Apartment Agreement
At its meeting on May 5, 1999, the Board of Supervisors authorized the County Executive
to execute an agreement with Cornerstone Corporation, owner/manager of the Trophy Chase
Apartment complex on Peyton Drive, for use of an apartment as an office by the Albemarle
County Police Department.
Attached is a signed copy of the agreement.
/ewc
Attachment
cc: Robert W. Tucker, Jr.
Larry Davis
Mark Trank
RENTAL AGREEMENT
THIS RENTAL AGREEMENT (hereinafter the "Agreement") made and executed this
r-[,l~ day of ~3'-t.s,.~, ,1999, by and between CORNERSTONE CORPORATION, a
Virginia Corporation (hereinafter the "Landlord"), and the COUNTY OF ALBEMARLE
POLICE DEPARTMENT (hereinafter the "County" or Tenant"). ·
WITNESSETH THAT:
Landlord and Tenant do hereby mutually covenant, promise and agree as follows:
1. Premises. Landlord agrees to rent to Tenant apartment number 2411-102 of the
Trophy Chase Apartment Community for the term and upon the covenants, terms and conditions
hereinafter set forth.
2.
Term. The term of this Agreement is for one (1) year, commencing on
,1999 and expiring on f'~o~'~\ , 2cz>oo. Upon mutual agreement of
Landlord and Tenant, evidenced in writing, this Agreement may be extended for one or more
additional terms.
3. Rent. Landlord agrees that Tenant shall pay no rent, but that Tenant's occupancy
of and presence at the leased premises shall constitute adequate consideration, receipt of which is
hereby acknowledged. No security deposit shall be required.
4. Use.. Landlord acknowledges and agrees that Tenant may use the leased premises
for any law enforcement or public safety-related purpose during the term of the Agreement,
including but not limited to use by the Community Policing Unit as an office. The Tenant(s) has
permission to run additional wiring inside (phone line wire) and to run fiber optic cable (by
Sprint).
collection.
6.
Utilities. Landlord agrees to pay the costs of water and sewer and trash
Tenant agrees to pay the costs of electricity and heat.
Termination. This Agreement can be terminated at any time by either party,
with or without cause, upon 30 days written notice.
7. Rental Agreement Addendum. Landlord and Tenant agree that the terms and
conditions set forth in the Rental Agreement Addendum (hereinafter the "Addendum") attached
hereto are incorporated in this Agreement by reference, with the exception of the Second, Third,
Fourth, Fifth, Seventh, Ninth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth,
Eighteenth, Twenty-Fourth, Twenty-Seventh, Twenth-Eighth and Twenty-Ninth paragraphs of
said Addendum.
8. Liability. Notwithstanding any provision to the contrary set forth in this
Agreement or in the Addendum, Landlord and Tenant acknowledge that said provisions shall
neither constitute a waiver of the County's sovereign immunity nor subject the County to
liability, exposure or obligation to third parties under federal, state and/or local laws, ordinances,
rules or regulations. This declaration and agreement does not excuse any obligation the County
may have to Landlord pursuant to this Agreement or Addendum; rather, it addresses only the
potential creation of liability, exposure or obligation to others as a result of this Agreement or
Addendum.
9. Approval by Board of Supervisors. This Agreement is subject to approval by
the Albemarle County Board of Supervisors.
10, Entire Agreement. This Agreement shall constitute the entire agreement
between the parties hereto, and may be modified only by mutual consent evidenced in writing.
11. Notices. All notices and other communications which may or are required to be
given by one party to the other shall be in writing and shall be deemed to have been properly
given if and when delivered personally or sent by registered or certified mail, postage prepaid,
addressed as follows:
(a)
Co)
If to Tenant:
Office of the Chief of Police
Albemarle County Office Building
401 Mclntire Road
Charlottesville, VA 22902
If to Landlord:
Cornerstone Corporation
2407 Peyton Drive
Charlottesville, VA 22901
IN WITNESS WHEREOF, the parties have executed this Rental Agreement the day
and year first written above.
LANDLORD:
CORNERSTONE CORPORATION
By: ~
Title: "~ ~' o ~., % /'w"% cON
TENANT:
VIRGINIA
COUNTY OF ALBEMARLE,
Title: ~County Execut'
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Approval of TrOphy Chase Apartment Agreement
SUBJECT/PROPOSAL/REQUEST:
Approval of Agreement with Cornerstone Corporation,
owner/manager of the Trophy Chase Apartment complex on
Peyton Drive for use of an apartment as an office by the
Albemarle County Police Department.
STAFF CONTACT(S}:
Messrs. Tucker, Davis, Miller, Trank
AGENDA DATE:
May 5, 1999
ACTION:
CONSENTAGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
IN FORMATION:
IN FORMATION:
Yes
BACKGROUND:
Since October 1997, the Albemarle County Police Department has been using, at no charge, an apartment at the Trophy
Chase Apartment complex on Peyton Drive in Albemarle County as an office by the Community Policing Unit of the
Department. This arrangement has enabled the Community Policing Unit to have a permanent police presence in this part
of the community, and has given the Unit its own separate base of operations.
At this time, the Department desires to rent an additional apartment for the same purpose and on the same terms and
conditions as the existing arrangement. The proposed Lease Agreement is for a one-year term, renewable by mutual
agreement of the County and property owner. It provides that a second apartment would be leased at no charge to the County
Police, and gives the County the right to terminate the Agreement at any time. As with the current arrangement, the County
would be responsible for the payment of certain utilities and insurance for County property placed at the premises.
RECOMMENDATION:
Staff recommends that the Board approve the proposed agreement.
99.073
David P. Bowerman
Charlotte Y. Humphfis
Formst R~ Marsh~, Jr.
COUNTY OF ALBEMARI F-
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 229024596
(804) 296-5843 FAX (804) 296-5800
May ll, 1999
Chades S. Martin
Waltz- E Perkim
Sally H. Thomas
Mr. Sidney A. Clower
County Administrator
County of Henry
PO Box 7, Irdng's Mountain Road
Collinsville, VA 24078-0007
Dear Mr. Clower:
At its meeting on May 5, 1999, the Board of Supervisors considered a resolution
adopted by the Henry County Board of Supervisors regarding maintenance of drainage
easements outside the highway right-of-way of the Virginia Department of Transporta-
tion's (VDoT). The Board decided not to support a resolution to request that VDoT
reconsider its policy..
For your information, attached is a copy of the Executive Summary that was
forwarded to the Board and an analysis of the impact of a policy change on Albemarle
County.
Sincerely,
/
/
Ella W. Carey, Clerk, CMC
/ewc
cc: Robert W. Tucker, Jr.
Printed on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Henry County Request for Resolution Support
SU BJ ECT/PROPOSAL/REQUEST:
RequeSt that the Virginia Department of Transportation
reconsider its policy on maintenance of drainage easements.
STAFF CONTACT(S):
Messrs. Tucker, Mawyer, Kelsey
AGENDA DATE:
May 5, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
Henry County recently adOpted a resolution on February 23, 1999 concerning the maintenance of drainage easements outside
the highway right-of-way of the Virginia DePartment of Transportation. Our En~neering DePartment has reviewed this
resolution and analyzed its impact on Albemarle County. The analySis is attached~or your information.
DISCUSSION:
VDOT essentially maintains only those areas necessary to protect the road, i.e., roadsides, ditches, and culverts that pass
under the roadway and storm/sewer systems. This proposed change in VDOT policy regarding drainage easements, as being
experienced in Henry County, actually occurred in Albemarle County and our region approximately 15 years ago. The same
issues that Henry County are wrestling with now, we also discussed at length 15 years ago, however, we have made changes
to our drainage policy that we believe now provides better drainage improvements to correct stormwater and erosion problems
outside of the public rights-of-way. This change in policy has also allowed us to work collaboratively with VDOT to manage
construction projects more efficiently.
RECOMMENDATION:
Had this policy change of 15 years ago remained the responsibility of VDOT for all maintenance and repairs, we could have
saved county funding. However, with the implementation of the program we currently have in place, we believe it to be very
successful, particularly as it relates to the customer service it provides our citizens. By working more directly with the owners
of property on the design and construction of repairs, we have provided them with a better level of customer service than they
might have receiVed otherwise. This has resulted in many satisfied residents at a relatively small cost. While we empathize
with Henry County's struggle to take on this responsibility, we would not recommend supporting a resolution to request that
VDOT reconsider their policy.
Cc: Ms. Angela G. Tucker
99.074
From: Jack Kelsey __ _
IS~I 20, 1999 9:16 AM
To: Bob Tucker
Cc: Bill Mawyer
Subject: Henry County Request For Resolution Support
Sidney Clower - County Administrator of Henry County sent a letter, dated 26 February 1999,
requesting that Albemarle County support them n a resolution to have VDoT maintain drainage
easements outside of the public right-of-ways. According to the letter, VDoT had been
maintaining drainage improvements within these easements, but has changed their policy will no
longer provide this service.
This is not a new change for Albemarle County. The local VDoT Resident Office had established
this policy (in our region) at least 15 years ago. Essentially they maintain only what is necessary
to protect the road. I've listed below situations the VDoT will address:
Roadside Ditches: VDoT will maintain roadside ditches (run adjacent to the road) to the point
where they are released from the public right-of-way and into a swale or channel that carries
the water away from the road.
Culverts (short pipes) that pass under the roads: VDoT will maintain the culvert and the
portion of the upstream and downstream channel within 10 feet of the end of the culvert. On
large culverts they may extend their maintenance to 20 or 30 feet as necessary.
Stormsewer (pipe) Systems: When the runoff from the road is carried away by an
underground stormsewer system, VDoT will maintain the portion of the system within the
public right-of-way and downstream to the first drainage structure (manhole or drop inlet).
The idea being that if the system below that structure becomes clogged or fails, the water will
discharge through the top of the structure and not jeopardize the road.
When the designation of drainage facility maintenance is contemplated, there are three points
that must be considered. First, the County and VDoT require drainage easements over all
ditches, channels and pipes to the point where they discharge into a stream or natural
watercourse. Further the County Code requires drainage easements be provided over all
streams and natural watercourses. With such an extensive system of easements, there should
be limits to what VDoT, County, and landowners are responsible to maintain.
Second, the length of the ditch, channel or pipe, between the road right-of-way and where the
runoff enters a stream or natural watercourse, can vary greatly. In some cases these are short
channels or pipes. In others they are part of large complex drainage networks that serve several
users. There have already been precedent setting court rulings that these large systems are
"public systems" and that the municipality can be held responsible for their repair.
Lastly, it is the County (and not VDoT) that controls the land development within the County.
Despite stormwater management efforts, there are long term impacts (including flooding &
erosion) to the downstream drainage systems caused by the increased density of land
development and the urbanization of our growth areas. VDoT should not be solely responsible to
repair drainage systems impacted by decisions beyond their control.
Under previous Directors, the Engineering Dept. policy was that once runoff was released from
the public right-of-way (except in the situations described previously), the drainage provisions
(channels, pipes, etc.) were the sole responsibility of the landowner or Homeowners Association.
However, in considering the three points (mentioned above), we modified our policy (about 1992)
and we set up the "Erosion & Stormwater Corrections" program. Through this program we
provide drainage improvements to correct stormwater flooding & erosion problems outside of the
public rights-of-way. Since the start of the program we have spent (or committed) approximately
$200,000 on drainage repair projects. On several of the projects our ability to commit County
funds and manage the construction gave us the chance to team with the VDoT Residency. As a
result of this teaming, VDoT contributed some of the materials needed to make the repairs.
Granted that if VDoT took responsibility for all maintenance and repairs, we would not need to
spend this money. However, this program has been very successful and, with the customer
service it provides, has been money well spent. This funding has allowed us to make timely
repairs and responses to public complaints. We work closely with the owners on the design and
construction of the repairs and we have provided them with a better level of service than they
might receive otherwise. It has resulted in many satisfied residents at a relatively small cost. It
also has provided an opportunity for County staff to interact with the residents while addressing
their needs and has improved VDoT's cooperation in these matters.
There are some services that belong in the hands of the local government and we believe this is
one of them. Though we empathize with Henry County's struggle to take on this responsibility,
we would not recommend supporting a resolution to request that VDoT reconsider its policy.
Jact~ M. Kelsey, PE
Chief of Engineering
Board of Supervisors
JACK E. DALTON, CHAIRMAN
COLUNSVILLE DISTRICT
H.G. VAUGHN
RIDGEWAY DISTRICT
SAMUEL J. "SAM" PILSON
BLACKBERRY DISTRICT
TELEPHONE (540) 634-4601
COL': .............. ~%~,~ RLE
.'2~7'": 7}
P.O. BOX 7 ~x~z,..~ -- .
KING'S MOUNTAIN ROAD
COLLINSVI LLE, VI RGI NIA 24078-0007
SIDNEY A. CLOWER
COUNTY ADMINISTRATOR
February 26, 1999
Board of Supervisors
R.E. "MIKE" SEIDLE, JR., VICE CHAIRMAN
REED CREEK DISTRICT
DEBRA PARSONS BUCHANAN
HORSEPASTURE DISTRICT
PAULA M. BURNETTE
IRISWOOD DISTRICT
FAX (540) 634-4781
Mr. Robert W. Tucker, Jr.
County Executive
Albemarle County
401 Mclntire Road
Charlottesville, Virginia 22902
Dear: Mr. Tucker:
The Henry County Board of Supervisors adopted the enclosed
resolution at its February 25, 1999 meeting concerning the
maintenance of drainage easements outside the road right-of-way.
For many years, the Virginia Department of Transportation
(VDOT) has maintained these drainage easements and now VDOT
advises due to increased cost and a limited number of resources,
they will now only maintain drainage easements within the road
right-of-way.
This change in policy creates a potential safety problem and
hardship in Henry County. The County does not have the necessary
resources to maintain drainage easements from road construction
and other counties may experience a similar problem.
The Board is seeking your support in requesting the Virginia
Department of Transportation reconsider its policy and provide this
needed service.
Mr. Robert W. Tucker, Jr.
Page 2
February 26, 1999
Thank you for your consideration of this request.
'Sidney
Count~
~,. Clower
Administrator
/sb
Enclosure:
Resolution
RESOLUTION
OF THE
HENRY COUNTY BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors is concerned about the safety of roads
in Henry County and the necessity to handle storm water run-off; and
WHEREAS, road construction often requires the creation of drainage
easements; and
WHEREAS, drainage easements serve as a channel for handling water that
accumulates due to road surface runoff and natural .drainage pa~erns; and
WHEREAS, drainage easements include ditches, culverts, underground
pipes, and other associated structures; and
WHEREAS, when the channel for the water becomes blocked, corrective
measures are necessary to clear the channel to permit proper water flow; and
WHEREAS, previously the Virginia Department of Transportation G/DOT) has
maintained drainage easements resulting from road construction outside of the
road right-of-way; and
WHEREAS, VDOT advised that due to increased cost and a limited number of
resources, they will only maintain drainage easements within the limits of the
dedicated road right-of-way; and
WHEREAS, tl~is change of policy has created a potential safety problem and
a hardship in Henry County; and
WHEREAS, Henry County does not have the resources to fnaintain drainage
easements from road construction;
NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of February 1999, that
the Henry County Board of Supervisors does hereby request the Virginia
Department of Transportation to reconsider its policy concerning the
maintenance of drainage easements, and begin providing this service for the
citizens of Henry County and the Commonwealth of Virginia.
THIS LEASE, effective the first day of May, 1999, by and between the COUNTY
OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
hereafter designated as "Lessor", and the CITY OF CHARLOTTESVILLE, a municipal
corporation of the Commonwealth of Virginia hereafter designated as "Lessee":
WITNESSETH:
WHEREAS, the Lessor owns certain property within the City of Charlottesville,
Virginia, known as the Old Jailors House, and has agreed to lease a portion of the
same to the Lessee as provided herein;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the parties do hereby covenant and agree as follows:
1. LEASED PROPERTY: The Lessor hereby leases and demises to the
Lessee, and the Lessee hereby leases and hires from the Lessor the following
described property for use by the Community Assessment Center, to wit:
409 East High Street, Charlottesville, Virginia
Rooms A, B, C, D, F, L, K and J
in the City of Charlottesville, Virginia, hereafter designated as the "Property." The
leased area contains approximately 1373 square feet, and the location of the rooms is
shown on the attached sketch.
2. TERMS OF LEASE AND TERMINATION THEREOF: This lease shall be
effective from the date of its execution and shall continue for a term of twelve (12)
months, to expire on May 1, 2000. Thereafter this lease shall continue on a month to
month term unless terminated as provided herein. The Lessor may terminate this lease
by giving the Lessee notice in writing of its intention to terminate thirty days prior to the
termination date. This lease shall not be renewed if the Property is determined by the
Lessor to be necessary for any of the purposes mentioned in Section 15.2-1639 of the
Code of Virginia. Upon termination of the lease, all improvements erected thereon shall
revert to the Lessor and shall be free from any encumbrance at the time of such
reversion.
3. RENTAL RATE: The rental rate for the Property is $829.52 per month,
based on a rate of $7.25 per square foot to be paid in advance by' the tenth day of each
month to the County of Albemarle, Director of Finance. The rental rate may be
increased for any new term of the lease if Lessor gives notification to the Lessee in
writing sixty days prior to the beginning of the lease term.
4. USE: The Lessee shall use and occupy the Property solely. Parking is
on a first come-first served basis and no spaces are provided or guaranteed as part of
this lease.
5. UTILITIES: The Lessee shall pay its proportional share of the electricity
(Virginia Power) within ten (10) days after notice by the Lessor to the Lessee of the
proportional amount owed for the month. Utility accounts will remain in the Lessor's
name.
6. MAINTENANCE AND CARE OF PROPERTY: The Lessor shall maintain
and keep the Property in its present physical condition. Janitorial services are the sole
responsibility of the Lessee. Upon the termination of this lease, the Property shall be
returned to the Lessor in good repair, ordinary wear and tear expected. If the Lessee
desires to make any repairs, improvements or changes in the Property, the Lessee
must first obtain the written permission of the Lessor. Repairs, improvements or
changes, if approved by the Lessor, are to be made at the expense of the Lessee. The
Lessee agrees to be responsible for any damages which the Lessee or any person the
Lessee permits to be there, caused to the Property.
FIRE INSURANCE: The Lessor shall maintain adequate fire insurance on
the Property.
8.
DAMAGE TO LESSEE'S Property: The Lessor shall not be liable for any
loss or damage to any of the Lessee's Property in or on the Property, regardless of how
such loss or damage may occur. The Lessee, in placing its Property in and on the
leased Property, does so at its own risk.
9. INDEMNITY: The Lessee shall indemnify and save harmless and provide
a defense for the Lessor, its agents, officials, and employees, from any and all liability,
damages, expenses, causes of actions, suits or judgments, which may accrue against,
be charged to, or recovered from the Lessor, its agents, officials, and employees by
reason of or on account of damage to the Property of, injury to or death of any other
person arising from the Lessee's use and occupancy of the leased Property.
10. DAMAGE OR DESTRUCTION OF Property: If the Property shall be
damaged by fire, act of God, war, or any other casualty or catastrophe, so as to make
them untenable, this lease shall terminate unless the Lessor shall, within thirty (30)
days after such damages notify the Lessee of its intention to restore the Property to a
tenable condition. The Lessee shall not be obligated to pay rent for the period of time
during which it is unable to occupy and use the Property as a result of such damage.
The Lessor shall be under no obligation to repair or replace the Property or any portion
thereof which may be changed or destroyed by fire or other casualty.
11. MANAGEMENT AND CONTROL: The Lessor and the Lessee shall have
exclusive control of the management, assets, and offices of their respective institutions.
Neither party by virtue of this agreement, assumes liability for any debts or obligations,
either financial or legal, incurred by theother .party of this agreement.
12. ASSIGNMENT OF LEASE: The Lessee shall not assign this lease or
sublet the Property or any portion thereof without the prior written consent of the
Lessor.
13. NOTICE: Any notice required under this lease to Lessor shall be by
ordinary mail, addressed to the County of Albemarle, Director of Finance, County Office
Building, 401 Mclntire Road, Charlottesville, Virginia 22902-4596. Any notice required
under this lease to the Lessee shall be by ordinary mail addressed to City of
Charlottesville as Fiscal Agent for the Community Assessment Center, Post Office Box
911, Charlottesville, Virginia 22902.
14. MODIFICATION OF LEASE: This agreement of lease, when executed by
the parties hereto, constitutes the final and entire agreement between the parties and
they shall not be bound by any terms, conditions, statements or representations, oral or
other, not herein contained. This agreement of lease may be modified or amended
from time to time by written agreement executed after the day hereof and signed by all
the parties hereto. Such written modification or amendment shall be attached to and
become a part of this agreement.
This agreement is executed in triplicate.
4
WITNESS the following signatures and seals:
COUNTY OF ALBEMARLE, VIRGINIA
Witness
Date
Approved as to Form:
,~-o'~nty~t~o rn ey
CITY OF CHARLOTTESVILLE
Witne~fs
Date ~,//.5'//'?~
(Seal)
Approved as to Form:
ity Attorney
h\DEP'I'~ATTORNEY~DOOUMENT~400\94-418.001
COUNTY OF ALBEMARLE'
EXECUTIVE SUMMARY
AGENDA TITLE:
Lease/Old Jailor's House
SUBJECT/PROPOSAL/REQUEST:
Request approval of lease of Old Jailor's House to City of
Charlottesville for the Community Assessment Center
STAFF CONTACT(S):
Letteri, White
AGENDA DATE:
May 5, 1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
The Virginia Juvenile Crime Control Act (VJCCA) has funded several new programs that are currently housed at the Old Jailor's
House adjacent to Juvenile Court, including the Community Assessment Center, a First Time Truant Offender Project and
the Juvenile Justice Coordinator. The Crisis Intervention Program, that works with offenders and assists the City and County
police departments outside of normal working hours needs space and would like to move into the space recently vacated by
CASA at the Old Jailor's House. The Community Assessment Center, which is a point of entry for youths coming into the
juvenile justice system employs 1.75 FTE staff. The First Time Truant Offender Project, which works with early truancy
offenders both in Albemarle and Charlottesville has 1.5 FTE employees. There is one full-time Crisis Intervention Counselor
and one full-time Juvenile Justice Coordinator, who will oversee and report on local juvenile justice programs.
DISCUSSION: ~'~s.~ ~-
The attached lease rents the Old Jailor's House to the City of Charlottesville for $829.52/month to be used to house these staff
members for a term of twelve months. The City of Charlottesville is the beeeer for the Jailor's House, since the City is the fiscal
agent for the expenditure of the VJCCA funds. The monthly rate is determined by charging $7.25 per square foot per year for
usable office space. A bathroom and hallways were not factored into the lease amount,
RECOMMENDATION:
Staff recommends approval of the attached lease with the City of Charlottesville for the use of the Old Jailor's House for one
year.
99.076
THIS LEASE, effective the first day of May, 1999, by and between the COUNTY
OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia,
hereafter designated as "Lessor", and the CITY OF CHARLOTTESVILLE, a municipal
corporation of the Commonwealth of Virginia hereafter designated as "Lessee":
WITNESSETH:
WHEREAS, the Lessor owns certain property within the City of Charlottesville,
Virginia, known as the Old Jailors House, and has agreed to lease a portion of the
same to the Lessee as provided herein;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the parties do hereby covenant and agree as follows:
1. LEASED PROPERTY: The Lessor hereby leases .and demises to the
Lessee, and the Lessee hereby leases and hires from the Lessor the following
described property for use by the Community Assessment Center, to wit:
409 East High Street, Charlottesville, Virginia
Rooms A, B, C, D, F, L, K and J
in the City of Charlottesville, Virginia, hereafter designated as the "Property." The
leased area contains approximately 1373 square feet, and the location of the rooms is
shown on the attached sketch.
2. TERMS OF LEASE AND TERMINATION THEREOF: This lease shall be
effective from the date of its execution and shall continue for a term of twelve (12)
months, to expire on May 1,2000. Thereafter this lease shall continue on a month to
month term unless terminated as provided herein. The Lessor may terminate this lease
by giving the Lessee notice in writing of its intention to terminate thirty days prior to the
termination date. This lease shall not be renewed if the Property is determined by the
Lessor to be necessary for any of the purposes mentioned in Section 15.2-1639 of the
Code of Virginia. Upon termination of the lease, all improvements erected thereon shall
revert to the Lessor and shall be free from any encumbrance at the time of such
reversion.
3. RENTAL RATE: The rental rate for the Property is $829.52 per month,
based on a rate of $7.25 per square foot to be paid in advance by the tenth day of each
month to the County of Albemarle, Director of Finance. The rental rate may be
increased for any new term of the lease if Lessor gives notification to the Lessee in
writing sixty days prior to the beginning of the lease term.
4. USE: The Lessee shall use and occupy the Property solely. Parking is
on a first come-first served basis and no spaces are provided or guaranteed as part of
this lease.
5. UTILITIES: The Lessee shall pay its proportional share of the electricity
(Virginia Power) within ten (10) days after notice by the Lessor to the Lessee of the
proportional amount owed for the month. Utility accounts will remain in the Lessor's
name.
6. MAINTENANCE AND CARE OF PROPERTY: The Lessor shall maintain
and keep the Property in its present physical condition. Janitorial services are the sole
responsibility of the Lessee. Upon the termination of this lease, the Property shall be
returned to the Lessor in good repair, ordinary wear and tear expected. If the Lessee
2
desires to make any repairs, improvements or changes in the Property, the Lessee
must first obtain the written permission of the Lessor. Repairs, improvements or
changes, if approved by the Lessor, are to be made at the expense of the Lessee. The
'Lessee agrees to be responsible for any damages which the Lessee or any person the
Lessee permits to be there, caused to the Property.
7. FIRE INSURANCE: The Lessor shall maintain adequate fire insurance on
the Property.
8. DAMAGE TO LESSEE'S Property: The Lessor shall not be liable for any
loss or damage to any of the Lessee's Property in or on the Property, regardless of how
such loss or damage may occur. The Lessee, in placing its Property in and on the
leased Property, does so at its own risk.
9. INDEMNITY: The Lessee shall indemnify and save harmless and provide
a defense for the Lessor, its agents, officials, and employees, from any and all liability,
damages, expenses, causes of actions, suits or judgments, which may accrue against,
be charged to, or recovered from the Lessor, its agents, officials, and employees by
reason of or on account of damage to the Property of, injury to or death of any other
person arising from the Lessee's use and occupancy of the leased Property.
10. DAMAGE OR DESTRUCTION OF Property: If the Property shall be
damaged by fire, act of God, war, or any other casualty or catastrophe, so as to make
them untenable, this lease shall terminate unless the Lessor shall, within thirty (30)
days after such damages notify the Lessee of its intention to restore the Property to a
tenable condition. The Lessee shall not be obligated to pay rent for the period of time
3
during which it is unable to occupy and use the Property as a result of such damage.
The Lessor shall be under no obligation to repair or replace the Property or any portion
thereof which may be changed or destroyed by fire or other casualty.
11. MANAGEMENT AND CONTROL: The Lessor and the Lessee shall have
exclusive control of the management, assets, and offices of their respective institutions.
Neither party by virtue of this agreement, assumes liability for any debts or obligations,
either financial or legal, incurred by the other party of this agreement.
12. ASSIGNMENT OF LEASE: The Lessee shall not assign this lease or
sublet the Property or any portion thereof without the prior wdtten consent of the
Lessor.
13. NOTICE: Any notice required under this lease to Lessor shall be by
ordinary mail, addressed to the County of Albemarle, Director of Finance, County Office
Building, 401 Mclntire Road, Charlottesville, Virginia 22902-4596. Any notice required
under this lease to the Lessee shall be by ordinary mail addressed to City of
Charlottesville as Fiscal Agent for the Community Assessment Center, Post Office Box
.911, Charlottesville, Virginia 22902.
14. MODIFICATION OF LEASE: This agreement of lease, when executed by
the parties hereto, constitutes the final and entire agreement between the parties and
they shall not be bound by any terms, conditions, statements or representations, oral or
other, not herein contained. This agreement of lease may be modified or amended
from time to time by written agreement executed after the day hereof and signed by all
4
the parties hereto. Such written modification or amendment shall be attached to and
become a part of this agreement.
5
This agreement is executed in triplicate.
WITNESS the following signatures and seals:
Witness
COUNTY OF ALBEMARLE, VIRGINIA
By
Date
(Seal)
Approved as to Form:
County Attorney
Witness
CITY OF CHARLOTTESVILLE
By
Date
(Seal)
Approved as to Form:
City Attorney
I:\DEP'FtATTORN EY~DOCU MENT~400\94-418.001
David P. Bowerman
Charlotte Y. Humphfis
COUNTY OF ^! ~EMAR! E
Office of Board of Superv~rs
401 Mclnfire Road
Charlottesville, Vh'cjinia 22902-4596
(804) 296-5843 FAX (804) 296-5800
May 11, 1999
Charles S. Martin
Walter E Perkins
Sally H. Thomas
Mr. J. W. Brent, Executive Director
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, VA 22901
Dear Mr. Brent:
At its meeting on May 5, I999, the Board of Supervisors approved a lease
amendment which extends the lease between the County and the Albemarle County
Service Authority for five years for Extension Office space.
Attached for your files is an original of the signed agreement.
Sincerely,
'-Elli W. Care~ · y, Clerk, CMC/
/ewc
CC:
Robert W. Tucker, Jr.
Roxanne White
Larry Davis
Printed on recycled paper
AMENDMENT TO AGREEMENT OF LEASE
THIS AMENDMENT TO AGREEMENT OF LEASE is made as of this 5th day
of March, 1999, by and between the ALBEMARLE COUNTY SERVICE AUTHORITY,
Landlord and COUNTY OF ALBEMARLE, VIRGINIA, Tenant.
WHEREAS, the'Landlord and Tenant entered into a lease agreement dated July
i, 1993, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the original term of the lease was from June 3, 1994 until June 2,
1999; and
WHEREAS, the current annual rent is $11.58 per gross square foot, effective
through June 2, 1999; and
WHEREAS, the parties desire to enter into a new five year term, beginning June
3, 1999;
Now therefore, for valuable consideration the Landlord and Tenant agree that the
agreement of lease dated July 1, 1993, is amended and reenacted as follows:
1. ARTICLE III. Term is amended and reenacted as follows:
ARTICLE III. TERM
Section 3.1. Commencement and Expiration.' The term of this lease
shall be renewed on June 3, 1999 (the "Date of Commencement") and shall
expire five years thereafter. All references to the "Term" of this Lease
shall, unless the context indicates a different meaning, be deemed to be a
reference to the term described herein.
Section 3.2. Renewal. This Lease may be renewed for an additional
period as may be mutually agreed by the Landlord and Tenant. If renewal
is not agreed upon by Landlord and Tenant, this Lease shall expire upon
expiration of the five year term.
2. ARTICLE IV. RENT is amended and reenacted as follows:
Section 4.1. Annual Rent. Commencing June 3, 1999, Tenant
agrees to pay the Landlord annual rent of $11.78 per gross square foot,
payable in equal monthly installments, in advance, on the third day of each
month during the term hereof. Gross square feet shall be calculated within
the perimeter of the area to be used solely by the VPI Extension Service,
which will be approximately one-half of the lower level of the Landlord's
office building. The rent for the second, third, fourth and fifth year of the
term of this Lease shall be calculated as follows: The rent for the second
year and each year thereafter shall be calculated by first establishing a
fraction, the numerator of which shall be the level of the CPI Index (as
defined herein) as of the first day of that month which is two months before
the month in which the Date of Commencement occurs, 2000, 2001, 2002,
and 2003, as appropriate, and the denominator of which shall be the level
of the CPI Index as of the first day of that month which is two months
before the month in which the Date of Commencement occurs, 1999. The
resulting figure shall be multiplied by the rent agreed upon or established
for the first year of the term to determine the annual rent due for the year.
The rental figure shall be revised each year based upon this formula. The
CPI Index shall be the U.S. Bureau of Labor Statistics Consumer Price
Index (all items, all urban consumers, 1982~1984 = 100). If the CPI Index
shall be discontinued, Landlord shall designate an appropriate substitute
index or formula having the same general acceptance as to use and
reliability as the CPI Index and such substitute shall be used as if originally
designated herein. Notwithstanding the foregoing, in no event shall the rent
due for any lease year decrease from the rent payable for the first year.
Section 4.2. Address for Rent Payments. All payments of rent due
Landlord pursuant to Section 4.1 shall be made to Landlord at the address
specified in Section 15.3 or to such other party or to such other address as
hereafter may be designated by Landlord by written notice delivered to
Tenant at least ten (10) days prior to the next ensuing monthly rental
payment date.
3. In all other respects the lease agreement dated July 1, 1993 shall remain in
full force and effect.
2
In witness whereof, Landlord and Tenant have signed and sealed this lease by their
duly authorized officials after due approval by their respective governmental bodies.
Landlord: Tenant:
Albemarle County Service Authority
By' j ¢ ~r;~ctUtive Director
County of bemarle, Virginia
By/ ~obert W.~ucker, Jr.X~
' l County Executiv~,,_~'
Approvecl as to form;
acsa.agr(99#5)
3
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amendment to Lease Agreement between County and the
Albemarle County Service Authority(ACSA)
SU BJ ECTIPROPOSAL/REQU EST:
Request approval of attached amendment to lease
agreement with ACSA for the Extension Service's
Office space.
STAFF CONTACT(S):
Tucker, White
AGENDA DATE:
May 5,1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
The County signed a five-year lease agreement in 1993 with the Albemarle County Service Authority for 3100 square feet of
office space for the Extension Service at their Pantops facility. The attached amendment to the original lease extends the lease
for another five years.
DISCUSSION:
The lease amendment continues the initial agreement between the County and ACSA for the use of 3100 square feet of
office space for the Extension Service. The annual rent increase continues to be calculated by using the CPI, which for the
next year requires only a $0.20 cents per square foot increase based on a 1.7% CPI.
RECOMMENDATION:
Staff recommends approval of the attached lease amendment which extends the lease between the County and the Albemarle
County Service Authority for five year for Extension Office space.
99.077
EXHIBIT "A"
AGREEMENT OF LEASE
THIS LEASE AGREEMENT is made as of ~v
between the ALBEMARLE COUNTY SERVICEAUT-~ORITY,
the COUNTY OF ALBEMARLE, VIRGINIA, Tenant.
, 1993 by and
Landlord, and
ARTICLE I. PREMISES AND IMPROVEMENTS
In consideration of the rents and covenants herein set forth,
Landlord hereby leases to Tenant, and Tenant hereby rents from
Landlord, the premises described on Exhibit A attached hereto
and made a part hereof together with any and all improvements
thereon (the "Leased Premises"). The Leased Premises shall be
occupied by the VPI Extension Service. Landlord proposes to
lease not less than 3100 gross square feet nor more than 4000
gross square feet in Landlord's proposed
administration/operations center on Pantops Mountain,
Charlottesville, Virginia.
ARTICLE II. TITLE: QUIET ENJOYMENT
So long as Tenant is not in default hereunder, Tenant shall
have peaceful and quiet enjoyment, use and possession of the
Leased Premises without hindrance on the part of the Landlord or
anyone claiming by, through or under Landlord.
ARTICLE III. TERM
Section 3.1. Commencement and Expiration. The term of this
Lease shall commence upon the completion of construction of the
Leased Premises and the date of issuance of a Certificate of
Occupancy for the Leased Premises (the "Date of Commencement")
and shall expire five years thereafter. All references to the
"term" of this Lease shall, unless the conteXt indicates a
different meaning, be deemed to be a reference to the term
described herein.
Section 3.2. Renewal. This Lease may be renewed for an
additional period as may be mutually agreed by the Landlord and
Tenant. If renewal is not agreed upon by the Landlord and
Tenant, this Lease shall expire upon expiration of the five year
term.
ARTICLE IV. RENT
Section 4.1. Annual Rent. Commencing upon the Date of
Issuance of a Certificate of Occupancy, Tenant agrees to pay to
Landlord annual rent of $10.50 per gross square foot, payable in
equal monthly installments, in advance, on the first day of each
month during the term hereof. Gross square feet shall be
calculated within the perimeter of the area to be used solely by
the VPI Extension Service, which will be approximately one-half
of the lower level of the Landlord's office building. The rent
for the second, third, fourth and fifth year of the term of the
Lease shall be calculated as follows: the rent for the second
year and each year thereafter shall be calculated by first
establishing a fraction, the numerator which shall be the level
of the CPI Index (as defined herein) as of the first day of that
month which is two months before the month in which the Date of
Commencement occurs, 1994, 1995, 1996, and 1997, as appropriate,
and the denominator which shall be the level of the CPI Index as
of the first day of that month which is two months before the
month in which the Date of Commencement occurs, 1993. The
resulting figure shall be multiplied by the rent agreed upon or
established for the first year of the term of the Lease to
determine the annual rent due for the year. The rental figure
shall be revised each year based upon this formula. The CPI
index shall be the U. S. Bureau of Labor Statistics Consumer
Price Index (all items, all urban consumers, 1982-1984 = 100).
If the CPI Index shall be discontinued, Landlord shall designate
an appropriate substitute index or formula having the same
general acceptance as to use and reliability as the CPI Index
and such substitute shall be used as if originally designated
herein. Notwithstanding the foregoing, in no event shall the
rent due for any lease year decrease below the rent payable for
the first year.
Section 4.2. Address for Rent Payments. Ail payments of
rent due Landlord pursuant to Section 4.1 shall be made to
Landlord at the address specified in Section 15.3 or to such
other party or at such other address as hereinafter may be
designated by Landlord by written notice delivered to Tenant at
least ten (10) days prior to the next ensuing monthly rental
payment date.
ARTICLE V. UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, heating and
cooling, trash collection and janitorial services at no
additional cost to Tenant. Tenant shall provide telephone and
all other services.
ARTICLE VI. USE OF PROPERTY
Section 6.1. Permitted Use. Tenant shall have use of the
Leased Premises for offices. Tenant shall also have use of the
lunchroom, restrooms, elevators and main entry corridors, which
areas will not be calculated in the gross square footage for
rental purposes.
Section 6.2. Parkinq. Tenant shall be entitled to the use
of parking spaces in the parking lot and an access easement to
the Leased Premises.
ARTICLE VII :. ALTERATIONS, IMPROVEMENTS, FIXTURES AND SIGNS
Section 7.1. Installation by Tenant.
(a) Tenant may, from time to time, make or cause to be made
any interior non-structural alterations, additions or
improvements which do not damage or alter the Leased Premises
provided that Landlord's consent shall have first been obtained
in writing, and provided that Tenant shall obtain all required
governmental permits for such alterations, additions or
improvements.
(b) Tenant may, from time to time, make interior structural
alterations, additions or improvements, only with Landlord's
prior written consent to plans and specifications therefor,
which consent shall not be unreasonably withheld. Upon the
expiration or sooner termination of this Lease, Landlord shall
have the option (exercisable upon sixty (60) days notice to
Tenant except in the case of a termination of this Lease due to
a default by Tenant, in which case no such notice shall be
required) to require Tenant to remove at Tenant's sole cost and
expense any and all improvements made by ~Tenant to the Leased
Premises or to elect to keep such improvement as Landlord's
property. In the event Tenant is required to remove any
improvements, (i) Tenant shall be responsible for the repair of
all damage caused by the installation or removal thereof, and
(ii) if Tenant fails to properly remove such improvements or
provide for the repair of the Leased Premises, Landlord may
perform the same at Tenant's cost and expense.
Section 7.2. Signs. Tenant shall have the right to place
signs on the interior or exterior of the Leased Premises with
the prior written approval of Landlord.
ARTICLE VIII. MAINTENANCE OF LEASED PREMISES
Section 8.1. Maintenance. Landlord shall be responsible for
all repairs and maintenance for the Leased Premises, whether
ordinary or extraordinary, structural or non-structural,
foreseen or unforeseen, including, but not limited to, plumbing,
heating, electrical, air conditioning, plate glass and windows.
Notwithstanding the foregoing, Tenant shall be responsible for
all maintenance and repairs necessitated by the negligence of
Tenant, its employees and invitees.
Section 8.2. Surrender of Leased Premises. At the
expiration of the tenancy hereby created, Tenant shall surrender
the Leased Premises and all keys for the Leased Premises to
Landlord at the place then fixed for the payment of rent and
shall inform Landlord of all combinations on locks, safes and
vaults, if any, which Landlord has granted permission to have
3
left in the Leased Premises. At such time, the Leased Premises
shall be broom clean and in good condition and repair,
commensurate with its age. If Tenant leaves any of Tenant's
personal property in the Leased Premises, Landlord, at its
option, may remove and store any or all of such property at
Tenant's expense or may deem the same abandoned and, in such
event, the property deemed abandoned shall become the property
of Landlord.
ARTICLE IX. INSURANCE
Section 9.1. Liability Insurance of Tenant. Tenant
covenants and agrees that it will, at all times during the term
of this Lease, keep in full force and effect a policy of public
liability and property damage insurance with respect to the
Leased Premises and the business operated by Tenant and any sub-
tenants of Tenant on the Leased Premises in which the limits of
public liability for bodily injury a~d prQperty damage shall not
be less than one million ~ ~,/~ Dollars ($1,000,000)
per accident, combined single limit./W-The policy shall name
Landlord and any mortgagees of Landlord as additional insureds.
The policy shall provide that the insurance thereunder shall not
be cancelled until thirty (30) days after written notice thereof
to all named insureds.
Section 9.2. Fire and Extended Coveraqe. Landlord agrees
that it will, during the initial and any renewal term of this
Lease, insure and keep insured, for the benefit of Landlord and
its respective successors in interest, the Leased Premises, or
any portion thereof then in being. Such policy shall contain
coverage against loss, damage or destruction by fire and such
other hazards as are covered and protected against, at standard
rates under policies of insurance commonly referred to and known
as "extended coverage", as the same may exist from time to time.
Landlord agrees to name Tenant as an additional insured on such
policy, as its interest may appear.
Section 9.3. Evidence of Insurance. Copies of policies of
insurance (or certificates of the insurers) for insurance
required to be maintained by Tenant and Landlord pursuant to
Sections 9.1 and 9.2 shall be delivered by Landlord or Tenant,
as the case may be, to the other upon the issuance of such
insurance and thereafter not less than thirty (30) days prior to
the expiration dates thereof.
Section 9.4. Waiver of Subrogation. Landlord and Tenant
each hereby releases the other from any and all liability or
responsibility to itself or anyone claiming through or under it
by way of subrogation or otherwise for any loss or damage to
property caused by fire or any of the extended coverage or
supplementary contract casualties, even if such fire or other
casualty results from the negligence of itself or anyone for
4
whom it may be responsible, provided, however, that this release
shall be applicable and in force and effect only with respect to
loss or damage occurring during such time as any such release
shall not adversely affect or impair the releasor's policies or
insurance or prejudice the right of the releasor to recover
thereunder.
ARTICLE X.
WASTE, NUISANCE; COMPLIANCE WITH
GOVERNMENTAL REGULATIONS
Section 10.1. Waste or Nuisance. Tenant shall not commit or
suffer to be committed any waste or any nuisance upon the Leased
Premises.
Section 10.2. Governmental Requlations. During the term of
this Lease, Tenant shall, at Tenant's sole cost and expense,
comply with all of the requirements of all county, municipal,
state, federal and other applicable governmental authorities,
now in force, or which may hereafter be in force, pertaining to
the Leased Premises or Tenant's use and occupancy thereof.
ARTICLE XI. FIRE OR OTHER CASUALTY
If the Leased Premises shall be damaged so as to render two-
thirds (2/3) or more of the Leased Premises untenantable by fire
or other casualty insured against under the insurance required
to be carried by Landlord pursuant to Section 9.2, Landlord may
elect to either terminate this Lease as of the date of damage or
repair the Leased Premises. Unless Landlord elects to terminate
this Lease, such damage or destruction shall in no way annul or
void this Lease except that Tenant shall be entitled to a
proportionate reduction of the rent payable under Article IV
while such repairs are being made, such proportionate reduction
to be based upon the proportion of the Leased Premises rendered
untenantable as a result of such damage. Notwithstanding the
foregoing, if any damage or destruction from any cause
whatsoever has not been repaired and such repairs have not
commenced within one hundred eighty (180) days of the date
thereof, Tenant may, as its exclusive remedy, terminate this
Lease upon thirty (30) days written notice to Landlord.
ARTICLE XII. CONDEMNATION
If the whole or any part of the Leased Premises shall be
taken under the power of eminent domain, then this Lease shall
terminate as to the part so taken on the day when Tenant is
required to yield possession thereof, the Landlord shall make
such repairs and alterations as may be necessary in order to
restore the part not taken to useful condition; and the rent
payable under Article IV shall be reduced proportionately as to
the portion of the Leased Premises so taken. If the amount of
the Leased Premises so taken is such as to impair substantially
5
the usefulness of the Leased Premises for the purposes for which
the same are hereby leased, then either party shall have the
option to terminate this Lease as of the date when Tenant is
required to yield possession.
ARTICLE XIII. DEFAULT OF TENANT
Section 13.1.
following:
Default.
The occurrence of any of the
(a) Tenant fails to pay when due any amount of rent,
additional rent or other monies due under this Lease, including
Articles IV and V, and such payment is not received by Landlord
within ten (10) days after written notice of such failure is
received by Tenant; or
(b) a default in any of the other provisions of this Lease,
and such default continues uncured for a period of thirty (30)
days after written notice thereof from Landlord;
shall be deemed a "default" under this Lease.
Section 13.2. Remedies. In the event of any default or
breach hereof by Tenant, Landlord shall have the right (in
addition to all other rights and remedies provided by law) to
terminate this Lease or to re-enter and take possession of the
Leased Premises, peaceably or by force, and to remove any
property therein without liability for damage to and without
obligation to store such property, but may store the same at
Tenant's expense, and to collect from Tenant all rent then due
and which would accrue for the unexpired portion of the term
hereof, together with reasonable attorney's fees. In addition,
in the event of a failure to pay rent, additional rent or other
money within five (5) days of its due date, Tenant shall pay to
Landlord the greater of Twenty-Five and no/100 Dollars ($25.00)
or one half (1/2) of one percent (1%) of such sum for each day
after the fifth day such rent or other money is late.
ARTICLE XIV. HOLDING OVER, SIGNS, SUCCESSORS
Section 14.1. Holdinq Over. Any holding over after the
expiration of the term hereof, with the consent of Landlord,
shall be construed to be a tenancy from month-to-month at the
same rent herein specified (prorated on a monthly basis) and
shall otherwise be on the terms and conditions herein specified
as far as applicable.
Section 14.2. For Rent Siqns. Tenant hereby permits
Landlord during the last ninety (90) days of the term hereof, to
place for rent or for sale signs in a prominent window and
elsewhere on the Leased Premises. Tenant will also allow
Landlord, or its agents, during said period to show the Leased
6
Premises to prospective tenants or purchasers at such times as
Landlord may reasonably desire.
Section 14.3. Successors. Ail rights and liabilities herein
given to, or imposed upon the respective parties hereto, shall
extend to and bind the heirs, executorS, administrators,
successors and permitted assigns of the parties. All covenants,
representations and agreements of Landlord shall be deemed the
covenants, representations and agreements of the fee owner from
time to time of the Leased Premises and Landlord shall be
automatically released of all liability under this Lease from
and after the date of any sale by Landlord of the Leased
Premises. All covenants, representations and agreements of
Tenant shall be deemed the covenants, representations and
agreements of the occupant or occupants of the Leased Premises.
ARTICLE XV. BROKER'S FEES
Tenant and Landlord hereby warrant that there are
brokerage commissions due in connection with this Lease.
no
ARTICLE XVI. NO ASSIGNMENT
Tenant shall not assign this Lease or sublet all or any
portion of the Leased Premises, either directly or indirectly,
without the prior written consent of Landlord, which consent
shall not be unreasonably withheld.- A merger, consolidation,
sale, transfer or assignment by operation of law or a transfer
or sale of, in the aggregate, a majority of the stock of the
corporation, if Tenant is a corporation, or a sale or transfer
of any of the partnership interests, if Tenant is a partnership,
shall be considered an assignment for purposes of this Section.
No assignment, sublease or transfer of this Lease by Tenant
shall (i) be effective unless and until the assignee, subtenant
or transferee expressly assumes in writing Tenant's obligations
under this Lease, or (ii) relieve Tenant of its obligations
hereunder, and Tenant shall thereafter remain liable for the
obligations of the Tenant under this Lease whether arising
before or after such assignment, sublease or transfer.
ARTICLE XVII. SUBORDINATION OF LEASE
This Lease and all rights of Tenant hereunder are and shall
be subject and subordinate in all respects to (1) all mortgages.,
deeds of trust and building loan agreements affecting the Leased
Premises, including any and all renewals, replacements,
modifications, substitutions, supplements and extensions
thereof, and (2) each advance made or to be made thereunder. In
confirmation of such subordination, Tenant shall promptly upon
the request of Landlord, execute and deliver an instrument in
recordable form satisfactory to Landlord evidencing such
7
subordination; and if Tenant fails to execute, acknowledge or
deliver any such instrument within ten (10) days after request
therefor, Tenant hereby irrevocably constitutes and appoints
Landlord as Tenant's attorney-in-fact, coupled with an interest,
to execute, acknowledge and deliver any such instruments on
behalf of Tenant. Tenant further agrees that in the event any
such mortgagee or lender requests reasonable modifications to
this Lease as a condition of such financing, Tenant shall not
withhold or delay its consent thereto.
ARTICLE XVIII. MISCELLANEOUS
Section 18.1. Waiver. The waiver by Landlord or Tenant of
any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of such term, covenant, or
condition or any subsequent breach of the same or any other
term, covenant or condition contained herein. The subsequent
acceptance or payment of rent hereunder by Landlord or Tenant,
respectively, shall not be deemed to be a waiver of any breach
by Tenant or Landlord, respectively, of any term, covenant or
condition of this Lease regardless of knowledge of such breach
at the time of acceptance or payment of such rent. No covenant,
term or condition of this Lease shall be deemed to have been
waived by Tenant or Landlord unless the waiver be in writing
signed by the party to be charged thereby.
Section 18.2. Entire Aqreement. This Lease, and the
Exhibits attached hereto and forming a part hereof, set forth
all the covenants, promises, agreements, conditions and
understandings between Landlord and Tenant concerning the Leased
Premises and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between
them other than as herein set forth. Except as herein otherwise
provided, no subsequent alteration, amendment, change or
addition to this Lease shall be binding upon Landlord or Tenant
unless reduced in writing and signed by them.
Section 18.3. Notices. Any notice, demand, request or other
instrument which may be, or are required to be given under this
Lease, shall be in writing and delivered in person or by United
States certified mail, postage prepaid, and shall be addressed:
(a) if to Landlord, at
, or at such other address as Landlord may
designate by written notice;
(b) if to Tenant, at
, or at such other address as Tenant shall
designate by written notice.
Section 18.4. Captions and Section Numbers. The captions,
section numbers and table of contents appearing in this Lease
are inserted only as a matter of convenience and in no way
define, limit, construe or describe the scope or intent of such
sections of this Lease nor in any way do they affect this Lease.
Section 18.5. Partial Invalidity. If any term, covenant or
condition of this Lease, or the application thereof, to any
person or circumstance shall to any extent be invalid or
unenforceable the remainder of this Lease, or the application of
such term, covenant, or condition to persons or circumstances
other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term,
covenant or condition of this Lease shall be valid and be
enforced to the fullest extent permitted by law.
Section 18.6. Recording. Upon request of either party, a
memorandum of lease will be executed and recorded. Such
memorandum shall contain any provisions of this Lease which
either party requests except for the provisions of Article IV
which shall not be included. The cost of recording such
memorandum of lease or a short form hereof shall be borne by the
party requesting such recordation.
Section 18.7. Governinq Law. This Agreement shall be
governed by and construed in accordance with the laws of the
State of Virginia.
Section-18.8. Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall
be deemed an original, but all of which together shall
constitute one and the same instrument.
Section 18.9. Landlord shall construct the Leased Premises
with comparable quality materials as being used in Landlord's
new office space.
Section 18.10. Landlord shall make available space on its
building or grounds for Tenant's satellite dish. Tenant shall
install the dish, wiring, and related equipment. Any expense
incurred by Landlord in satisfying Tenant's site plan
requirements for this satellite dish shall be borne by the
Tenant.
Section 18.11. LandlordA expects the Leased Premises to be
available for occupancy by
Section 18.12. If Landlord is unable to obtain approval from
the County of Albemarle to construct the proposed office
building on the proposed site or if Landlord determines, for
whatever reason, not to proceed with the building of its office
building, Landlord shall have no obligation to Tenant in such an
event.
9
Section 18.13. This lease is subject to annual appropriations
by the Board of Supervisors of Albemarle County, Virginia.
IN WITNESS WHEREOF, Landlord and Tenant have signed and
sealed this Lease as of the date first above written.
LANDLORD: ALBEMARLE COUNTY SERVICE AUTHORITY
By: ~,~/. _~~--~ (Seal)
/
TENANT:
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Virginia Retirement System Change
SU BJECT/PROPOSAL/REQU EST:
Request approval to adopt a change in the Virginia
Retirement System retirement benefit calculation for anyone
who is between 50-55 years of age and has 30+ years of
VRS service.
STAFF CONTACT(S):
Messrs. Tucker, Brandenburger, Ms. White
AGENDA DATE:
May 5, 1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: No
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
The 1999 General Assembly passed legislation changing the benefit calculation effective July 1, 1999. This change allows VRS
members who are between 50 and 55 years of age and who have 30 or more years of service credit in VRS to retire with no
reduction for receiving retirement prior to age 55. The previous calculation applied a 'reduction factor' for anyone in this age
bracket. This benefit is mandated for all state employees as well as school division teachers, administrators, clerical and
certain other school employees. Employees of political subdivisions and school division support personnel are also eligible
for this benefit change unless the governing body advises VRS in writing prior to July 1, 1999 that this benefit will not be
offered.
DISCUSSION:
There may be an additional cost to the County, but the extent of that cost will depend on the number of VRS members who
meet the age/service criteria and of those, how many actually exercise their retirement option prior to reaching age 55. Based
on information received from VRS, the County has no one eligible as of July 1, 1999. February 1,2001 is the first time a County
employee will be eligible to retire under the new age/service criteria. VRS will provide information on the potential cost but in
lieu of this projection, the Virginia Municipal League's suggested projection of 0.25% of VRS payroll would indicate the lifetime
costs is approximately $38,000. Any additional costs will be included in the County's VRS contribution rates for the 2000-2002
biennium.
Currently all County and School Division employees eligible for VRS retirements ara subject to the same benefit cdteria. This
new change will mandate a different benefit for the majority of school employees, who are in the professional classification.
The Superintendent will be informing the School Board of this legislation and recommending support personnel be covered
by this benefit change.
.RECOMMENDATION:
Staff recommends adopting the change as passed by the General Assembly.
99.079
David R Bowem~n
Charlotte Y. Humphris
Forum R. l~n~shall, Jr.
COUNTY OF ^[REMAR[_I=
Office of Board of Supervisors
401 Mclnfire Road
Charlottesville, V'L~ginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
May 11, 1999
Charles S. Marfio
Walter E l>c~kim
~ H. Thoma~
Ms. Linda Tucker
Charlottesville Regional Chamber of Commerce
PO Box 1564
Fifth & Market Streets
Charlottesville, VA 22902
Dear Ms. Tucker:
At its meeting on May 5, 1999, the Board of Supervisors adopted the attached
proclamation recognizing the Virginia Initiative for Employment not Welfare (VIEW).
/gwc
Attachment
Printed on recycled paper
PROCLAMATION
WHEREAS, implementation of the Virginia Initiative for Employment Not Welfare (VIEW) began
in the Thomas Jefferson Planning District on July I 1997 with employment, personal
responsibility, self-support and self-reliance as the ultimate goals; and
WHEREAS, VIEW participants are required to be in a work activity as of July I, 1999 to
begin to break the cycle of dependency and hopelessness by replacing welfare checks
with paychecks; and
WHEREAS, the VIEW program's success thus far as a catalyst for generating a pool of jobs has
been due in large part to the support and cooperation of local businesses working with
our social services departments, non-profit agencies, local governments and elected
officials, the faith community, the education community and VIEW program clients in the
areas of job readiness, job finding and placement, job training and job retention; and
WHEREAS, .the County of Albemarle in the Thomas Jefferson Planning District appreciates the
cooperation evidenced to-date and encourages the strengthening and the continuation of
these cooperative relationships; and
WHEREAS, building on current partnering successes will ensure the successful transition of
families to self-sufficiency, help maintain and improve their new independent economic
status, strengthen the fabric of our communities, create new consumers, contribute to
the vitality of our communities and provide hope and the ability to fulfill dreams; and
W~EREAS, private sector businesses are essential partners in helping remove the barriers to
self-sufficiency as the community pursues all avenues leading to the sureness of the
VIEW program for the benefit of our clients and our entire community; and
W~EREAS, although successes in the VIEW program have been many, most clients continue to live
below the poverty level after employment, and it is advantageous to continue to create
partnerships to provide increased numbers of job placements, particularly jobs with
opportunities for upward mobility and higher income;
NOW, THEREFORE, I, Charles S. Martin, Chairman on behalf of the Albemarle County Board of
Supervisors, call upon our business community, the faith community, child care and
transportation providers, social services department and non-profit social agencies,
education/ training and support services, job developers and clients to support a
united vision of an enhanced quality of life for all, and to accept the challenges that
remain: Preparing a globally competitive work force and ensuring work and
education/training as well as lifelong learning opportunities for all people in the
region by making a commitment to support the welfare reform work initiatives of VIEW.
Adopted this 5th day of May, 1999.
CHAIRMAN~
ALBEMARLE BOARD OF COUNTY SUPERVISORS
Buildin§ Code Information
(804) 296-5832
April 21, 1999
3c'i; :~RD OF SUPERVISORS
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 Mclnfire Road, Room 223
Charlottesville, VSrginia 229024596
FAX (804) 9724126
TTD (804) 972-4012
Zoning Information
(804) 296-5875
Bill Downer
P.O. Box 17
Charlottesville, Virginia 22902
OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 18, Parcel 2lA
Dear Mr. Downer:
This letter is to confirm in writing for the record, the determination which t have shared with you
verbally. The County Attorney and I have reviewed the title information you have submitted and
other County records for the above-noted property. It is my official determination and the
County Attorney's advisory opinion that at the date of adoption of the Zoning Ordinance
this property consisted of two (2) separate parcels comprised of approximately 22 and 7.34
acres.
This is a case where the County's real estate records, previously recognized the two separate tracts,
each with its own acreage, and mapped them separately, but listed them in the land book with the
same number. When the County converted from manual to computerized land records in the mid-
1970's the file was amended to list only one parcel, 2lA, with the total acreage, and the map was
amended to add a 'land-hook,' unofficially combining the tracts into one. There was no intent on
the owner's part, either in action or by deed, to combine these properties. It was done by the
County under the common practice at the time when one entity owned adjoining parcels.
This determination considered among other findings, the descriptive clauses of the deeds and the
manner in which the properties were acquired. In that respect, this consideration is based on the
findings of the Virginia Supreme Court in the case, Faison v. Union Camp 224 VA 54. Although
acquired in one deed, the parcels were purchased from different owners and came from different
tracts. Their ownership changed through the years, but they were always described in the deeds as
separate parcels.
The 1975 deed where Mr. Via acquired these two tracts (and a one-acre tract not subject to this
determination) states, "all of those certain lots or parcels of land . . . which adjoin each other
forming one parcel of 32.34 acres more or less..." and further defines them as "Those two parcels
of 24 acres and 7.34 acres respectively..."
C:~JAN'S~JANL TRI'I 8-2'1A pardet, doc
/%.,
O#Tcial Determination, TMP18/21A
Page 2 April 21, 1999
These two parcels are now described as follows:
Parcel 1. This parcel currently consists of about 22 acres. It is located on the west side of Rt.
666 with all the frontage of parcel 2lA remaining after the 1994 creation of parcel 21A1 (two
acres). This and the parcel described under number 2 below, were acquired originally by
conveyance from R.L. and Ruth Mooney, to Ralph E. and Doris Ann Via. This deed is found in
DB442 page 154. A later deed at DB572/552, used the same language in transferring the parcels
from Mr. Via and his former wife to his sol.e ownership.
Parcel 2. This parcel currently consists of about 7.34 acres. It is located on the west side of
and adjacent to parcel 2lA, described above. It has no road frontage, but was created by deed
description as an 8-acre tract in DB271/489 0946). It was surveyed in 1949 and determined to
be 7.34 acres. (See DB307/518.)
Each of these lawfully separate parcels is entitled to associated development rights if all other
applicable regulations can be met. These development rights are only hypothetical in nature but do
represent the maximum number of lots of less than 21 acres allowed to be created by right. The 22-
acre parcel has 4 remaining development rights with one of its original five rights being used for the
creation of parcel 21A1 in 1994. The 7.34 acre parcel has a maximum of 3 development rights.
This determination results in one (1) additional parcel than is shown with a parcel number on the
current County tax maps. As separate parcels, they may be conveyed independently. If you choose,
I can sign a plat for recordation which re-establishes the parcel boundaries and notes this
determination.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of
the date notice of this determination is given, in accordance with Section 15.2-23 ll of the Code of
Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An
appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals
a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be
considered complete, it shall include a completed application and $95 fee. The date notice of this
determination was given is the same as the date of this letter.
Sincerely,
Jan Sprinkle
Chief of Zoning Administration
CC:
Maynard Sipe, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors Vt/
Reading File, TMP 126-31A
Ralph E. Via, Owner
NOTE:
One (1) parcel by Tax Map, two (2) parcels by determination = one (1) additional parcel'
RIVANNA WATER & SEWER AUTHORITY
P. O. Ia,OX 1.8 · CHARLOTTESVILLE. VIRGINIA 22902-OO18 · (804) G,'77-2~70
MEMORANDUM
TO:
FROM:
RWSA BOARD OF DIRECTORS
ARTHUR D. PETRINI, EXECUTIVE DIRECTOR
SUBJECT:
WATER SUPPLY PERMIT PROCESS
DATE:
APRIL 22, 1999
The relationship of the Rapidan Service Authority (RSA) to our permit process has come
to a tentative conclusion. It appears they will need approximately 3MGD in the period to
the year 2050 and will not have any excess water supplies to send to us. This information
will be incorporated into the permit process.
The Mechum's River pump station topic is explained in the attached package.
ADP/csw
4g
\WS2XShared Documents~oard\RWA~etters & Memos~-M't\Water Supply Permk Process..doc
SERVING CHARLOTTESVILLE '"-' ALBEMARLE COUNTY
RIVANNA WATER &: SEWER AUTHORITY
P. O. aOX 18 · CHARLOTTESVILLE, VIRGINIA 22902-OO18 ® (804) 977-2970
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
RWSA BOAR3 OF DIRECTORS . (~,~/~//~
ARTHUR PETRINI, EXECUTIVE DIRECTOR
MARCH 26, 1999
VHB RESPONSE, RE: MIF/MECHUMS RIVER PUMP STATION
ALTERNATIVE
The MIF at Sugar Hollow Dam and the Mechum's River pump station alternative have
been further reviewed (enclosed) by Bill Ellis, the attorney working with VHB. For the
MIF topic, this further review is in response to Mr. Martin's letter which supported the
MIF release and compared it to a project in Harrisonburg. Mr. Martin's letter was
presented recently to the Board Of Supervisors. Mr. Ellis concludes that the
Harrisonburg project is not similar to our situation and that the VHB information
presented to the Board earlier is still valid (it will take time and money to study the
impact of a MIF and the water supply project will be delayed a minimum of one year).
The Mechum's River pump station alternative will cost (preliminary) $850,000 and will
only have a benefit of 0.2 MGD safe yield using the 1930 drought or 0.0 MGD during the
1954 drought. More important, now that this alternative has been identified as a potential
source of raw water, it must now be included in the water supply permit process and
cannot be singled out and utilized prior to the conclusion of this process. '
I will include this cover letter with any board comments and the attachment in the next
board meeting so the public will be informed.
ADP/csw
\\FS2'DATALShared DocumentsLLetters & Memos~Art\mif- meechums river alt cover - bill ellis r~nse,
SERVING CHARLOTTESVILLE & ALBEMARLE COUNTY
PATRICK [vi. McSWEEN=Y
JACK W, BURTCH, JR,
BEVERLEY L. CRUMP
WILLIAM B. ELLIS
RICHARD K. BENNETT
M, BRUCE STOKES
DAVID R. RUBY
BETTY S. W. GRAUMLICH
KAREN S, ELLIOTT
THAMER E. TEMPLE ITl
lV[cS~]~BNBY, BI~HTCH & CHUHP
A PROFESSIONAL CORPORATION
ATTORNEYS AT ~W
RICHHOND, VIRGINh ~8~8
TELEPHONE (804) 783-~800
TeLEf~ (804) 78~-~130
JOHN t. MARSHALL, JR.
DAVID J. WALTON
DONALD F, LYNCH, ITT
DIRECT DIAL NUMBER:
March 24, 1999
(804) 783-6805
Mr. Arthur Petrini
Executive Director
Rivanna Water & Sewer Authority
Post Office Box 18
Charlottesville, Virginia 22902
Re:
Minimum Instream Flow Issues on
Moormans River; Meechums River
Intake
Dear Mr. Petrini:
Thank you for providing this firm with recent documents addressing the possibility of
establishing a minimum instream flow (M}F) on the Moormans River downstream from Sugar
Hollow Reservoir. These included a letter from Mr. John Collier Martin to Dr. and Mrs. James
Bennett dated March 2, 1999, and a memorandum to the Albemarle County Board of Supervisors
from Donna and Jim Bennett dated February 20, 1999, with an attachment discussing this firm's
prior letter of February 17, 1999. As you requested, we have reviewed these materials and' are
providing our general assessment of the issues they raise. This letter also will address the recent
suggestion that an abandoned pump station on Meechums River might be used to replace any water
to be released from Sugar Hollow pursuant to a MIF requirement.
Assessment of Recent Letter and Memorandum
As you know, our prior letter expressed no opinion as to whether it ultimately may be
feasible and desirable to implement a MIF on the Moormans River. We concluded only that the
existing record is insufficient at this time to support the permitting 'of replacement .water supply
capacity. As the Board requested, we also passed along a range of estimates by VHB, Inc. and
O'Brien & Gere, Inc. as to the expense and time that may be involved in developing the information
necessary to provide an adequate administrative record on the question. We also passed along a
general cost estimate from O'Brien & Gere, Inc. as to the capital costs that may be incurred if the
Rivanna Water and Sewer Authority ("RWSA") were to attempt to recapture water released pursuant
to a MIF rather than replace the lost water supply capacity. We believe the Board's consideration of
Mr. Arthur Petrini
March 24, 1999
Page 2
such information is prudent given that the safe yields of the water sources currently available to the
Urban Service Area could be exceeded by demand as early as 2002 if a drought of record were to
recur then.
The Board is now considering whether to establish a MIF immediately for the Moormans
River as it has been urged to do, or whether to postpone consideration of such action until after a
new water source for the RWSA has been obtained. We have assumed that once the RWSA has
obtained additional water supply capacity, it may have increased flexibility to avoid the present
extent of dependence on Moormans River waters.
The most significant point of the materials you have provided is to question whether federal
or state laws or regulations really require thorough documentation of anticipated environmental
impacts and benefits prior to issuing permits for new water source development. For example, the
letter to the Bennetts of March 2, 1999, quotes a portion of our prior letter wherein we stated that
whether permits would issue to replace water supply capacity lost due to implementation of a MIF
"would likely depend on a complete assessment of the environmental benefits of implementing the
MIF, and of the environmental detriments of implementing the replacement capacity." It then
asserts that such a view is unduly pessimistic and argues that such thorough documentation is not
required. As proof, the letter cites a recent proposal by the City of Harrisonburg for an intake on
the South Fork Shenandoah River. The letter implies that Harrisonburg's project involves
replacement of water supply capacity lost due to stream flow augmentation, and states that the
circumstances are "remarkably similar" to those faced by the RWSA. Because that project did not
require terribly lengthy or expensive documentation of environmental impacts and benefits, the letter
concludes that none would be required of the RWSA, either.
As we have advised previously, that conclusion is at present unsound and unwarranted.
Existing federal and state laws and regulations do require administrative agencies to consider
and carefully document the anticipated environmental impacts and benefits of proposals prior to
authorizing activities within their regulatory jurisdictions. The point is well established and merits
no serious debate. The requirement is entrenched in agency practice as well. In fact, I discussed
this point on March 4, 1999, with the Regulatory Section Chief of the Corps of Engineers who had
responsibility for Harrisonburg's permit application. He confirmed that proposals to replace water:~
supply capacity lost due to implementation of a voluntary MIF would require consideration and
documentation of the very' factors set forth in our prior letter. ~
What then of Harrisonburg's proposal?
At the outset, one must understand that Harrisonburg did not follow the course now being
urged upon the RWSA. Harris0nburg did not establish any new minimum release for Switzer~
Reservoir (or any other rese~oir): Nor did it establish any new MIF for .Dry River, North River,.
the South Fork Shenandoah River, or any other stream. Nor did it establish any new maximum
Mr. Arthur Petrini
March 24, 1999
Page 3
withdrawal rate on Harrisonburg's existing intakes on the Dry or North Rivers. In short, the City of
Harrisonburg did not incur any diminution of its preexisting water supply capacity. Put simply,
Harrisonburg did .not incur any "lost capacity" requiring replacement.
Harrisonburg did receive from DEQ a two-tiered limitation on the amount of water it may
withdraw through its proposed new intake on the South Fork Shenandoah River. Under the terms of
the draft permit, the amount of water subject to withdrawal at the new intake would normally be 4
mgd, but would increase to 8 mgd when water withdrawals from its existing intakes on Dry River
and North River equal or fall below 8 mgd. Such provisions limiting maximum water withdrawals
at new sources to periods when other sources are diminished are now common. In fact, this firm
negotiated similar provisions as part of the permitting of Spotsylvania County's Hunting Run
Reservoir and the new Motts Run Water Treatment Plant. Their purpose is to limit water
withdrawals while providing enough flexibility to assure that water will nevertheless be available
when it is genuinely needed during droughts.
The RWSA is being' urged m impose a MIF on the Moormans River unilaterally and prior to
licensing a new water supply. Harrisonburg also was pressured m establish a MIF on Dry River
unilaterally and prior to licensing its new water supply. Harrisonburg refused. Instead, it insisted
on maintaining its preexisting water supply capacity, and required that any effort to increase flows in
the Dry River occur voluntarily.and as a consequence or.the increased flexibility afforded by the
licensing of a new source.,~ Had .Harrisonburg unilaterally abandoned its right to withdraw large
volumes of water from the Dry River prior to licensing its South Fork Shenandoah River intake, it
undoubtedly would have been at a disadvantage in attempting ~to negotiate the terms .of that permit.
In addition, for now the RWSA must plan and prepare for permit processes that may be
much more rigorous than those applicable to Harrisonburg. Harrisonburg's permit processes were
relatively simple because it had ~available a project that met its future water-needs with very little
adverse environmental impact. Harrisonburg's intake is tobe constructed on an existing
impoundment pool, wetland impacts will be minimal, and flows in the South Fork Shenandoah River
will be essentially unaffected because treated wastewater will be returned upstream from the point of
withdrawal. Furthermore, no rare, threatened or endangered species will be adversely affected by
Harrisonburg's project. As a result of these factors, Harrisonburg's project required no
Environmental Impact Statement under the National Environmental Policy Act.
The RWSA's future water needs are much greater than Harrisonburg's. And while we can
all hope that the RWSA's water supply project team will identify a project capable of meeting those
greater needs with similarly minor environmental impacts, it would be imprudent at present simply
to assume that will be the case. Until our analysis of alternatives progresses further, RWSA should
not presume that its water supply licensing process will be as simple as Harrisonburg's.
This firm brought Harrisonburg's project to the attention of your study team last January,
albeit for a different reason. Harrisonburg's project is noteworthy in our opinion because the
Mr. Arthur Petrini
March 24, 1999
Page 4
discharge of treated wastewater twenty-two miles upstream .from the Cky*s' proposed intake
represents an example of indirect wastewater reuse.. Your: project team has been carefully
considering whether a similar approach may be practicable for the RWSA, However, . the answer is
not yet clear.
So far as we are aware, neither the RWSA Board nor, any member of Your Project team is
opposed to the eventual increase of flows inthe Moormans River. The most responsible means of
making that feasible may well be for the RWSA to succeed in promptly licensing a new water
source. That is the course Harrisonburg followed. With a more adequate water supply available, -
the RWSA may be able to rely less heavily on its existing.water sources, including Sugar Hollow
Reservoir and theMoormans River.
Meechums River Intake
You also have asked whether a MIF on Moormans River might be implemented immediately
by replacing the water to be released from Sugar Hollow Reservoir by means of reactivating an'
existing, but previously abandoned, pump station on Meechums River. Unfortunately, this does nor
appear to be feasible based on current information.
Once the Meechums River intake was identified as a potential source of raw water available
to the RWSA, your project team included it among the water supply alternatives being investigated.
As part of that analysis, O'Brien & Gere, Inc. has studied the potential increase in safe yield that
would result from rehabilitation and operation of the intake. That analysis shows that any utility for
the Meechums intake is highly questionable. To summarize, there is insufficient flow in Meechums
River available for withdrawal whenever the Ragged Mountain Reservoirs are drawn down and have
water storage capacity available. The only exception is at the end of a drought when stream flows
recover more quickly than reservoir levels. During those times, the Meechums River intake could
help reservoir levels to recover more quickly. However, that ability does not enhance safe yield
unless back-to-back droughts occur before reservoir levels recover. The data show the Meechums
intake would have added a safe yield of only 0.2 mgd based on the 1930 drought, or a safe yield of
0.0 mgd during the 1954 drought.
Conclusion
To summarize, the recent information provided to you does not change our prior view of the
RWSA's situation. If you have questions or wish to discuss any aspect of these issues in greater
detail, please do not hesitate to call.
William B. Ellis
JAUNT, INc.;'
1-04 Keystone F~co,~ -
Charlottesville, VA 22902-6200
;¸7
PhOne
Robert W. Tucker, Jr~
Albemarle Cofi:nw Executa~e
401 Mclnti[e ~0~d
: c~aq0ttesville~VX -22902
Dear Bob,
April 20, t-999
W6are ple~ed tO submit_gur Third Quarter~R__eport for JAUNT service's for FY¢9.,
The follov0ng is a s,ummary ofstatiStics for/se~ices in A, lbemarle County:
Estimated Actual
Hours ~ Hours
FY99 FY99
2,488 1,846
~'- 1,925 ~-2,265
2,765 2~8/77
-844
8,141 .--. 7;906
Third
Quarter
(Jan-Mar)
Agency -
Urb~Public
Rural Pablic -
Night/Wknd
29 North
- Total
Actu~!
Actua~l ' Actual T~psj
Trip~ ~ ~ FY98
FY99; 3rd Qtr
4,493 "4.659
5,760 5,194
5;654 5,728
123 0
75-6 388
Estimated
Trips~
FY99
~6,1~70
5~i160
.6,309
400
330
48;369 ~ 16,786 L5,969
Ba~ed on currem financial and service information, we do not ag,,t_icipate a budget
shortfall at this time. -
Hours
F_Y98
~.,1,919
2;09)
2;636
~:~0
798
7,354
Exc~cut~ve Ditecfor
~c: Juandiego Wade
Clifford BUYS
--' R6xanne White
Margare~ Bo.m~ha~
(804) 2,96-3184, (806) 36JAUNT * 'Operations (804) 296-6174 (Voice &T-6D) · Fax;_(804) 296-4269
FINANCIAL SERVICES, INC.
April 14, 1999
Ms. Arlene Hernandez
Assistant Treasurer
The Bank of New York
101 Barclay Street, 21W
New York, New York 10286
Re: Arbor Crest Apartments (Hydraulic Road Apts.)
Dear Ms. Hernandez:
P.O. Box 8
Gl tURCHVILLE, MARYLAND 21028
410-879-9918
FAX 410-838-5360
BOARD OF SUPERVISORS
Enclosed please find a copy of the Bond Program Report for the above referenced project for the
month of March 1999.
If you have any questions, please do not hesitate to call me.
Sincerely,
Sheila H Moynihan
Project Monitor
/shm
enclosure
CC:
Ms. Ella W Carey, Clerk, CMC
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
MONTHLY REPORT PURSUANT TO
SECTION 7(a) OF THE D~m~ INSTRUCTIONS
TO:
ABG Financial Services, Inc.
P.O. Box 8
Churchville, MD 21028
Arbor Crest Apartments (Hydraulic Road Apts.)
Charlottesville, VA 21202
Pursuant to Section 7(a)of the Deed B~strictio~s (the "D~estrictions"), as
defined in an Indenture of TRUST DATED AS OF April 1, 1983, between the
Industrial Development Authority of Albemarle County, Virginia (the
"Authority"), and your bank, as trustee, the undersigned authorized
representative of Richmond -Albemarle Limited Partnership, a Virginia Limited
Partnership (the "Purchaser"), hereby certifies with respect to the operation
and management of Hydraulic Road Apartments, Charlottesville, VA (TKE
"PROJECT"), that as of the date shown below:
1)
2)
3)
5)
6)
The number of units in the Project occupied by lower income
tenants is 14.
The n,~m~er of units in the Project unoccupied and held available
for Lower Income Tenants is 0.
THE n,,~er of units rented and the number of units held available
for rental other than as described in (1) and (2) is 52.
The Percentage that the number of units described in (1) and (2)
hereof constitute of the total n%~ber of units in the Project is
21%.
The information contained in this report is true, accurate and
correct as of the date hereof
As of the date hereof, the Purchaser is not in default unde= any
covenant or agreement contained in the Deed Restriction or in an
Agreement of Sale dated as of April 1, 1983, between the Authority
and the Purchaser.
IN WITNESS WHEREOF, the undersigned has signed this report as of April
1999.
RI C~MOND -ALBEMARLE LiMITED
PARTNERSHIP, A VIRGINIA
limited partnership
AUTHROI ZED REPRESENTATIVE
BOND PROGRAM REPORT
For March 1999
Property: Arbor Crest Apartments (Hydraulic Road Apts.)
Project ~. 051.35371
Location: Charlottesville, VA
Number of Units: 66
Submitted by: .~,~~
Community Director
1. LOWER INCOME
The following units have been designated as "lower income" units
2
3
4
5
6
7
9
t0
11
12
13
14
15
1
17.
18.
19.
20.
1 Arbor Crest Drive Betty N. Meador
4 Arbor Crest Drive Beverly T. Lane
6 Arbor Crest Drive Wilma M. Atkinson
7 Arbor Crest Drive Ruth M. Jones
9 Arbor Crest Drive Virginia Burton
14 Arbor Crest Drive Lennie P. Leake
18 Arbor Crest Drive Ann S. Kemp
30 Arbor Crest Drive Mary Cox Allen
56 Arbor Crest Drive Helyn E.O'Boyle
76 Arbor Crest Drive Ann G. Saylor
84 Arbor Crest Drive Juanita Boliek
88 Arbor Crest Drive Nancy G, Foley
90 Arbor Crest Drive Betty B. Elliott
94 Arbor Crest Drive M. Eileen Knick
The changes from previous report reflected in the above listing are:
Deletions
I 44 Arbor Crest Drive Carolynn Atherton 1
2 70 Arbor Crest Drive Ernest M. Nease 2
3 3
4 4
5 5
April 5, t999
(Date)
Total OccuPied: 65
Bond Occupied: 14
1 Arbor Crest Drive
Additions
Betty N. Meador
?o: Members, Board of Supervisors ~
From: EJla Washington Carey, CMC, CI~
Subject: Reading fist for May 5, 1999
Date: April 29, ~999
March II (A), 1996
October I, 1997
November 5, 1997
December 19, 1997
February 4, 1998
March II (N), 1998
March 18 (A), 1998
April I, 1998
November I I, 1998
January 6, 1999
February I0, t999
March I O, 1999
Mr. Perkins
Ms. Thomas
Ms. Humphris
Ms. Thomas
Mr. MartJn
Mr. Bowerman
Mr. Martin
Mr. Bowerman
Mr. Marshall
Mr. Marshall
Mr. Perkins
Mr. Perkins
/ewc
March 13, 1996 (Adjourned Meeting)
(Page 11)
Mr. Marshall commented that he had thought the Management Analyst's
position might save the County enough money to pay for the position, if the
person is really good at screening people, etc. Ms. Morris replied that this
is possible, because the position could also examine other sources of funding.
Mr. Marshall remarked that the County is going to lose a.lot of these funds.
Ms. Morris concurred.
Ms. Humphris asked if the Management Analyst would be receiving $31,507
in salary or $34,232. The net local cost of this position is shown as $34,23.2
on Page 158 in the explanation of federal funds. However, the number shown in
the budget is $31,507. Ms. Morris replied that the correct local share is
$31,507.
Ms. Thomas referred to a conversation she had with some Walton Middle
School teachers. It was their view that the salary of $28,216 for the family
services school social worker position would have to be supplemented at the
school based level, and the salary would have to come out of the school
building s budget. Ms. Morris responded that the proposal was to have a
shared cost with the schools, and three school areas had been targeted as high
complaint schools. She explained that school areas would include a middle
school, as well as the supporting elementary school. The position was
proposed in several different ways. However, the position is needed,
regardless. If the schools won't or can't participate in the funding of the
position, she would ask the County to fund one position for the full cost so
the same process of working with the schools can begin. The thinking was that
if some schools had some funds to supplement the position, perhaps more than
one position could be created, with more schools being served. This would be
a truly collaborative effort, with both being involved in the plan and sharing
the funding. Hopefully, the program can be expanded in years to come to
create a true community team in those communities.
Ms. Thomas commented that since the school budgets are level funded,
perhaps everyone needs to be aware that this would create a drain on an
individual school's budget. Yet, she noted that the Walton school teachers
were very enthusiastic about the position. Ms. Morris responded that some
schools have reported that they have some funds which could be used for such a
position.
Mr. Marshall reported that 25 percent of the children at Walton are at
risk. He wondered what has to be done to make sure this position is funded
for Walton. Perhaps this question should be asked of the School Board. Ms.
Morris stated that the schools have some money termed as at risk money, and
the ability is there to use this money however they wish with their own
school.
Ms. Thomas mentioned that this Board has just heard from one school
which is using a lot more than the money they have as at risk funds. Mr.
Marshall said this is his~, ~p°int' He went on to say with 25 percent of the
children at Walton Schoo~a~ risk, this position should not be funded based on
pupil enrollment County-wide. There is a high ratio of at risk students in
Walton School as opposed to the other middle schools, which do not have such a
high ratio. A position is needed at Walton that is not needed at some of the
other schools, but he does not think the Board of Supervisors has the
authority to dictate this. The School Board will have to make this decision.
Mr. Tucker remarked that Ms. Morris is attempting to get this share of
funding, and the schools will have to provide theirs. Ms. Thomas reiterated
that the teachers to whom she spoke were enthusiastic about the position, and
they were not arguing against it. She wanted to get a clear indication of how
it was funded, and perhaps it is something this Board should talk about to the
School Board. .
Mr. Marshall referred to the Management Analyst position, again, and he
emphasized that it will be money well spent and money will be saved. Ms.
Humphris concurred. She said this position will be put on the list for
discussion.
Parks and Recreation: Requested, $1,063,039; recommended, $1,060,466.
Patrick K. Mullaney, Director, was present.
Mr. Mullaney summarized the budget for the Parks and Recreation
Department. There are no big changes in his figures, so'he would talk about
Charlott~ Y. Humphris
Formst R. Marshal, Jr.
COUNTY OF AIJ~EMA~i F_
Office of Board o~ Supervisors
401 Mclntire Road
Charlottesville, Vn'ginia 22902.-4596
(804) 296-5843 FAX (804) 296-5800
May 11,1999
Charles S. Martin
Walter E Perkins
Sally H. Thomas
Ms. Angela G. Tucker
Resident Engineer
701 VDOT Way
Charlottesville, VA 22911
Dear Ms. Tucker:
At its meeting on May 5, 1999, the Board of Supervisors made the following comments
regarding transportation matters:
* The Board did not support a proposed resolution from Henry County that the Virginia
Department of Transportation reconsider its policy on maintenance of drainage easements.
· Mr. Mills said VDoT has chosen not to remark some streets in the Old Forge Road
neighborhood.
· Mr. Perkins asked that the right turn lane below Windham, going into NationsBank and the
post office, be remarked.
o Mr. Perkins said along Route 680, Browns Gap Turnpike, there are brush and debris hanging
out. You cannot pass a truck or bus without stopping and pulling over. In addition, there are
some mailboxes and one, in particular, on Morgantown Road sticking out at the edge of the
pavement~
· Mr. Perkins said the dust is really bad on Route 600, near Stony Point, off Route 20. He asked
ff VDoT could put down some caldum chloride.
· Mr. Marshall thanked VDoT for fixing the ditch near his farm on Route 20.
· Ms. Thomas thanked VDoT for the notice posted at the Ivy interchange that this route is not
recommended for trucks.
· Ms. Humphris said she received a call about what was being used for fill in the area of the
Bellair intersection improvements. She asked that VDoT look into that.
· Mr. Bowerman mentioned the utilities that were installed along Carrsbrook Drive to Still
Meadows. He asked VDoT to check and make sure all the culverts and drainage structures are
workable, in place and functioning. At one end, one of the culverts were crushed during the
process, and he is not sure it was restored.
· Mr. Mills introduced Mr. Bob Ball, VDoT's newly hired local transportation planner.
Printed on recycled paper
Ms. Angela Tucker
May 1 I, 1999
Page 2
/EWC
CC:
Mr. Tucker said staff would draft some language for the Board to consider regarding loss of land
from McIntire Park due to the construction of the Meadow Creek Parkway.
Sincerely,
/
/
Robert W. Tucker, Ir.
V. Wayne Cilimberg
I
May 5, 1999- 10:00 to 10:15 a.m.
A Monthly Communications Report from the Albemarle County School
Board to the Albemarle County Board of Supervisors
Past
~ School Board Briefs - April 12 and April 26, 1999 (attached)
)~ Initial Meeting o£the Charter Schools Review Committee
~ Visit of Kirk Schroder, President Virginia Board of Education
Present
~ FY 99/00 Budget
~ School Division Calendar/Handbook
Future
)~ School Board Retreat - Saturday, June 19, 1999 - Board/Superintendent
Evaluation Process, 1999-2000 Board/Superintendent Priorities
)~ Summer School Programs - Projected Attendance - Elementary 940;
Middle 170; High School 300 per session
)~ Appointment of the Assistant Superintendent for Instruction
)~ Completion of Ivy Creek School - July 1999 (A program update will be
provided in June 1999)
)~ Teacher and Administrator's Evaluation Process - June 1999
Philosophy and purp0,s,e of Board to Board Communicati,on
The purpose of the "Board-to-Board Communication from the School Board to the Board
of Supervisors is to ensure that there is a continuous information stream between the two
bodies. This communication channel is established to personally provide data and
highlight programs that may have budget impact; show significant school activities;
explain programs that have significant community impact; and to provide background
data from the Board Briefs that may need clarification to the Board of Supervisors.
The Clerk to the Board of Supervisors will provide space as an agenda item - "School
Board Communication" at each monthly day meeting of the Board of Supervisors. A
Board Member or the Superintendent will make the presentation to the Supervisors at
their first meeting of the month. Time will be limited to 10-15 minutes. At the meeting, a
one-page outline with the previous "Board Briefs" as an attachment will be provided by
the presenter. The outhne will contain Past, Present and Future programs and activities
of the School Board. The idea for the communication presentation is to address the most
significant activities of the Board. There will always be some discussion of what those
significant activities entail. However, if the Board Briefs are used as the center-piece of
the presentation, we will have informed the Supervisors, on a continuing basis, what the
School Board is focused on. A draft of the presentation will be approved by the
School Board at the Regular Work Session prior to the Supervisors' meeting.
Budget A ccomph'shments:
Funded Baseline Class Size in All Schools Before
Differentiation
Funded Growth
Funded Elementary Art/Music/PE Time and Media
Time
Funded 4% Salary Adjustment
Funded Required VRS Increase
Funded Health/Dental Insurance Increase
Funded Increase in Special Education Costs
Funded Increased ESOL needs
Funded Technology Department Startup
Funded Textbook ReplaCement
Funded High School Athletics Increase
Funded Some Equipment Replacement
Funded Increase for CATEC
ALBEMARI.E COUNTY PUBLIC SCHOOLS
BOARD BRIEFS
Also available at htrp: //k12.albemarle. org
"WE EXPECT SUCCESS"
SCHOOL BOARD MEETING: APRIL 12, 1999
1999-2000 SCHOOL CALENDAR
The 1999-2000 calendar features a school opening
date of August 30, a Winter Break from December
20-31, a Spring Break from April 17-21, and up to 11
weather make-up days. Classes will end on June. 12.
The calendar will be sent to principals this week and
is attached hereto; the calendar is also available at
b ttp ://k l 2.albemarle.org.
STANDARDS OF LEARNING UPDATE
The state Department of Education is expected to mail
School Performance Report Cards to the schools this
month. A letter from President Kirk Schroder and a
glossary will be included. County staff will also send
copies of each school's 1997-98 School Profile and a
letter form the Superintendent answering frequently
asked questions. Staff is also considering a request to
provide each school's raw average scores from the
Spring 1998 SOL tests. The 'state will not provide raw
scores in the 'future. In May, students will take the
Spring 1999 multiple choice SOL tests. Teachers,
Central Office staff, and Board members will be
allowed to review SOL tests under secure conditions;
requests from parents to view the tests must be
submitted in writing to the Department of Education
to be approved on a case-by-case basis. In June,
students' individual reports for the Spring 1999 SOL
tests will be sent to schools and parents, and school and
division average scores will be reported to the Board.
1999-2000 BUDGET UPDATE
The Board of Supervisors is due to adopt the 1999-2000
County Budget on April 14, 1999, and the School
Board will receive a detailed budget update at its April
26 work session. Board members agreed to hold a final
budget work session at 6:30 p.m. on May 3, 1999 rather
than on April 28 as previously scheduled in order to
adopt the final 1999-2000 operating budget.
BOARD ACTIONS
The Board approved the Year-to-Date Financial Report,
February 28, 1999.
Revisions to School Board Policies IFB, Research orPilot
Projects, and IGBI, Home Instruction, were approved. At
ns May 10, 1999 meeting, the Board will hear public
testimony on Policy IGAH, Family Life Education, before
taking action on proposed revision of the current parental
opt-in procedure.
The Board approved the appointment of Bruce Benson
as Director of Technology. Mr. Be-~,~n has served as
Franklin City Public Schools' Director of Technology for
the past 11 years.
The Academic Leadership Program Handbook, revised
for the 1999-2000 school year, was approved by the
Board. The Handbook is available for review in the
School Board Clerk's office.
The Board approved the Board Reserve Protocol, which
provides guideLines for appropriations from the School
Board Reserve.
The Board approved the Virginia School-to-Work
Implementation Grant, promoting programs such as
student internships and after-school work experiences
supporting academic achievement and career exploration
and preparation.
The Board received the 1998-99 Special Education
Advisory Report recommendations for the education of
children with disabilities. The 1999-2000 Special
Education Annual Plan, the agreement between the
School Board and the state Board of Education for the
implementation of federal and state laws governing special
education and related servikes, was approved by the
Board. Copies of these documents are available for
review in the Clerk's office.
Textbook Selection and Adoption reports for K-12
Mathematics, K-3 Social Studies, and Driver's
Education were reviewed. Texts are available for a 30-
day review at the Albemarle Resource Center. Public
testimony regarding textbook adoption will be heard at
the May 24, 1999 Board meeting before the Board takes
action.
PLEASE NOTE
· :.The public is invited to join Charlottesville-Albemarle
Technical Education Center (CATEC) students, staff,
and alumni at CATEC's 25~ ,nniversary celebration on
April 22, 1999 from 7:00 to 8:30 p.m. Students will give
musical and dramatic performances, and Senator Emily
Couric will be among the'guest speakers.
+ An orientation for five community members appointed
io the Charter Schools Review Team will be held at 4:00
p.m. on April 26; 1999, in Room 331. No charter'
schools applications have yet been filed; the deadline is
May 15, 1999.
· :.The Board of Supervisors will schedule a 10-15 minute
presentation, "School Board Communication," at its day
meeting every month. The School Board will present
the most recent Board Briefs and an outline of past,
present, and future schoOl division and School Board
programs and activities.
· :.The SchoOl Board Retreat will be held June 19,. 1999
instead of June 21. Charles Ward will serve as the
Retreat Chairman and Diantha Mci(eel as Vice-Chair.
· .'- Marlene Robinson, Instructional Coordinator for
Mathematics, was honored by the Board for her
February 1999 National Council of Teachers of
Mathematics article, entitled "Reflections on
Mathematics and the Connected Mathematics Project."
· .'. Pat Harder, a 7~h grade teacher at Henley Middle
School, and Becky Fisher, Manager of Instructional
Technology, were chosen as two of the three 1999
Educators of the Year by the Virginia Society for
Technology in Education.
+ Monticello High School was named the 1998-99
Outstanding New School Building Design by the
state Board of Education on February 23, 1999.
YOUTH RISK BEHAVIOR SURVEY REVIEWED
The Youth Risk Behavior Survey was presented to the
Board for first reading. Albemarle County Schools must
administer the survey to middle and high school students in
compliance with the Safe and Drug-Free Schools and
Communities Acts (SDFSCA), but student participation is
voluntary. 'The survey is designed to asses the nature and
extent of youth drug use and to obtain data on activities
affecting health and safety, including nutrition. After
reviewing the survey, Board members requested that certain
questions be revised and agreed that while parents should be
notified' about the survey, parental permission is not
required. In addition, Board members emphasized the
importance of protecting students' privacy and keeping
surveys anonymous. The revised survey will be placed on
the April 26 agenda for second reading, public testimony,
and possible action.
1999 SUMMER SCHOOL PROGRAM
The Board approved increasing fees for the High
School Summer Program. 'As a result of the 6%
increase, County residents will pay $175 for a three-
week session (a $10 increase) and $350 for a six-week
session (a $20 increase). Non-County residents will pay
$200 for a three-week session and $400 for a six-week
session. Registration is set for April 19, 1999. Please
· call the Department of Federal Programs at 296-5812
for further information.
Holly Strickland, Woodbrook Elementary School, will
have a poem published in the upcoming anthology
entitled A Celebration of the Atlantic's Young Poets.
James Miller, an Albemarle High School sophomore,
showed outstanding community service in organizing the
renovation of the Lane Baseball Field, Mclntire Road.
Artwork by Grier Dill of Western Albemarle High, Amber
Lynch of Sutherland Middle School, and Bond van der
Linde of Agnor-Hurt Elementary will be displayed in the
offices of the Secretary of Education, the State
Superintendent of Public Instruction, and the Virginia
School Boards AssOCiation
Rachel Anderson, a Hollymead Elementary f~h grader,
won the Albemarle County Spelling Bee. Morgan
Ardrey, a Cale Elementary fifth grader, placed second.
Five students won awards in the 1999 Virginia Festival of
the Book Poster Contest, Central Virginia Region: 1st
Place, Chelsea Curtin, Broadus Wood Elementary; 2~
Place, Pooja Kirpekar, Woodbrook Elementary (who
also placed 3~d statewide); 3rd Place, Annie Gunter,
Woodbrook Elementary; 1st Place, Anya Groner,
Western Albemarle High; 2nd Place, Amy Keeling,
Western Albemarle High.
Twelve middle school students will participate in
Reflections, the Central Virginia Summer Regional
Governor's School Program for Middle School Students
Gifted in the Visual Arts: Sarah Becker, Henley, 6,~
Grade; Molly Borowitz, Henley, 6· Grade; Erin
Chilton, Sutherland, 8~ Grade; Eli Cook, Walton, 7t~
Grade; Kristina Hoffman, Suthedand, 6"~ Grade; Sarah
Holdren, Henley, 7t~ Grade; Ali Marx, Henley, 7~
Grade; Jason Moran, Sutherland, 6~ Grade; Robert
Michel, Henley, 8"~ Grade; Halley Potter, Henley ,7~
Grade; Karl $ingel, Sutherland, 8~h Grade; and Eleanor
Whitenack, Sutherland, 6· Grade.
ALBEMARLE COUN'I Y PUBLIC SCHOOLS
1999-2000 CALENDAR
1999
August 18-20 Wed.-Fri.
23 Monday
24 Tuesday
25-27 Wed.-Fri.
30 Monday
September 6 Monday
October 11 Monday ·
12 Tuesday
29 Friday
November I Monday ·
2 Tuesday ·
25-26 Thurs.-FrL
29 Monday
December 20-31 Mon.-Fri.
New Teacher Orientation
Teacher Work Day
Teacher Work Day/Central Staff Development Day
Teacher Work Days
Schools Open - First Day for Students
Labor Day - Schools/Offices Closed
Building Instructional Planning Day/All County Schools Day
End of 6 Week Marking Period
End of 9 Week Marking Period
Parent Conference Day
Central Staff Development Day
Thanksgiving Holiday:. Schools/Offices Closed
End of 6 Week Marking Pedod
Winter Break -'Schools Closed
2000
January
3 Monday
17 Monday
25 Tuesday
27 Thursday
28 Friday
31 Monday
Class Resumes
· Lee-Jackson-King Day - Central Staff Development Day
End of 6 Week Marking Pedod
End of 9 Week Marking Pedod - End of First Semester
· Teacher Work Day
Second Semester Begins
(Second semester parent conferences will be established by each school
based on community preferences and the level and organization of the school.)
February 21 Monday ·e Building Instructional Planning Day
March 9 Thursday End of 6 Week Marking Pedod
30 Thursday End of 9 Week Marking Pedod
31 Friday ·$ Teacher Work Day
April 17-20 Mon.-Thurs. · Spdng Break Starts - Schools Closed
21 Friday Spring Break Continues - Schools Closed
28 Friday End of 6 Week Marking Pedod
May 29 Monday · Memorial Day Holiday - Schools/Offices Closed
June 7 Wednesday TBA Graduation
8 Thursday TBA Graduation
9 Friday TBA Graduation
12 Monday End of Marking Pedods - Last Scheduled Day of School
13 Tuesday ·e Teacher Work Day
· = School closed for students, unless it is scheduled and used as a Make-Up Day (e).
· = Scheduled Make-Up Day. Make-Up Days will be taken in the following order:. February 21, June 13, May 29,
June 14, June 15. March 31, June 16, April 17, Apd118, April 19, April'20. Note: Up to 4
~'- days of Spring Break could be used for make-up. Families and staff should plan accordingly,
DEFINITIONS
Teacher, Work Day: To be used for work in school/classroom or for other purposes reached through consensus
by principal and staff. May not be traded off for other scheduled building days without the
approval of the Assistant Superintendent for Instruction.
Central Staff Development Day: Required for all teachers. May not be traded for other time.
Building Instructional Planning Day: Required for all teachers. To be used for curriculum mapping, team
planning, or other instructional planning activities. May not be traded for other time.
All County Schools Day: Required for all teachers. May not be traded for other time.
Final
Approved 4/12~99
Albemarle County Public Schools
1999-2000 Calendar
.~ = First Day of Class/ D = Parent Conference Day No students
Class ResUmes (Second semester parent
End of Marking Period: __~ = 9 weeks conferences will be estab-
lished by each school
r-~= Holiday : = 6 weeks based on cornrnunitypre.
..... ferences and the level and
Schools Closed organization of the school.)
Teacher Work Day
No Students
Central Staff Development
Day No Students
Building Instructional
Planning Day No Students
;/lC = All County Schools Day
No Students
New Teacher Orientation
No Students
October
T W T
S M F S
t 2
3456 7 S 9
10 ~-~ .1...2..i! 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29l 30
31
=-= Scheduled Make-up Days
(in Order to Be Used):
180 Student days
195 Teacher days
+ 3 New Tchr days
1 Parent
Conference day
1 Y= Bldng Instruct.
Planning days
Y, All County
Schools day
2 ~ Central Staff
Developmnt days
7 '~ Teacher Work
days
2 Individual
Professional
Developmnt days
11 Make-Up days
Feb. 21
June 13
May 29
June 14
June 15
Mar. 31
June 16
April 17
April 18
_ April 19
April 20
January
S M T W T F S
1
2'~ 4 5 6 7 8
9 10 11 12 13 14 15
16 I~ 18 19 20 21 22
23 24 ..25..! 26 27} ~] 29
30 31
April
S M T W T
2 3 4 5 6
F S
t
7 8
9 10 11 12 13 14 15
23 24 25 26 27 28! 29
30
August
S M T W T F S
I 2 3 4 5 6 7
8 9 10 11 12 13 14
29 31
November
S M T W T F S
~1~ 3456
78910 tl 1213
1415161718 t920
21222324 I~ I~ 27
28 29i 30
S M
6 7
13 14
2o
27 28
February
T W T F S
I 2 3 4 5'
8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
29
~ May
S M'T W T F S
1 2 3 4 5 6
7 8' 9 10 11 12 13
14 15 16 t7 18 19 20
21 22 23 24 25 26 27
28 ~-~ 30 31
September
S M T W T F S
I 2 3 4
5 ~ 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 .25
26 27 28 29 30
December
S M T W T,F S
1 2 3 4
5 6 7 8 9 10 11
19' I~ I'~li'~ I~1~! 25
26 I~-I r~8-1121~ ['~0-11~-i
March
S M T W T F S
1 2 3 4
5 6 7 8 ....9.i 10 11
12 13 14 t5 16 17 18
19 20 21 22 23 24 25
26272829301[~
June
S M T W T F S
I 2 3'
4-5 6 7 8 910
11 1..~.2...!L;~ 14 1~ 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
Final
Approved 4/12/99
ALBEMARLE COUNTY PUBLIC SCHOOLS
BOARD BRIEFS
Also available at http://k l2.albemarle, org "WE EXPECT SUCCESS"
SCHOOL BOARD MEETING: April 26, 1999
SCHOOL VIOLENCE PREVENTION
Discussion at the annual Superintendents' Conference in
Roanoke, sponsored by the Virginia Association of
School Superintendents O/ASS) on April 26-27, focused
in part on school safety. In 1998, following episodes of
school violence across the nation, the state Board of
Education published a handbook, Early Warning,
Timely Response: A Guide to Safe Schools, to help
school divisions develop and implement comprehensive
violence prevention plans. A copy of the guide is
available for review in the School Board Clerk's office. In
addition, a 30-minute video, "Warning Signs," part of
MTV's year-long series "Fight for Your Rights: Take a
Stand Against Violence," is available for review at the
Albemarle Resource Center (972-4021) until May 11.
CHARACTER COUNTS PROGRAM
Meriweth~r Lewis Elementary School, Henley Middle
School, Sutherland Middle School, Murray High
School, and CATEC are Albemarle County's pilot
schools participating in the nationally recognized
Character Counts program. Albemarle High School is
also devel0ping an implementation plan for this program
so that f~eder pattern results can be followed and
documented. This program, emphasizing family,
community, and school involvement in developing good
character in students, promotes six aspects of good
character: trustworthiness, respect, responsibility,
fairness, caring, and citizenship. Staff recommendations
to the Superintendent included expanding the number of
pilot schools and seeking financial resources to support
expansion, increasing business and community
involvement, seeking input from parents, students, and
staff through surveys, compiling and analyzing data to
measure the program's success, and providing regular
updates to the Board. Binders containing information
about program activities and student recognition awards
for all six schools are available for review in the School
Board Clerk's office. For more information about the
Character Counts program, please contact Ms. Jo Vining,
Chairman, Character Counts Committee, at 293-9304.
BOARD ACTIVITY
AND UPCOMING EVENTS
The Board expelled a middle school student for the
remainder of the school year for being in possession
of a controlled substance with the intent to
distribute.
Board members asked for further revision of Policy
IlAA, Textbook Selection and Adoption, and Policy
IIAB, Learning Resources Selection and Adoption. The
revised policies will appear on the May 10, 1999
agenda for action.
The Board offered suggestions for content to be
included in next year's Student Calendar Handbook.
Sprint sponsored the printing of 12,000 handbooks
last year, a $15,000 in-kind donation, and may do so
again this year.
The Board congratulated Frank E. Morgan, Assistant
Superintendent for Support Services, who will
receive his doctoral degree from the College of
William and Mary on May 12, 1999.
The Board will hold its final budget work session on
May 3, 1999 at 6:30 p.m. in Room 331, County
Office Building.
The Board will give its first monthly presentation of
school division issues at the Board of Supervisors'
day meeting on May 5, 1999 at 10:00 in Room 241,
County Office Building.
The state's School Performance Report Card is still
being printed and should be received by the schools
in May.
The Virginia School Boards Association (VSBA)
Governor's Conference will be held July 20, 1999 in
Richmond.
The National School Boards Association (NSBA)
held its annual .conference in San Francisco on April
10-13. School handbooks, calendars, annual reports,
programs of study, support program brochures,
workshop brochures, and other materials of interest
from school divisions across the nation are available
for review in the School Board Clerk's office.
HOLLYMEAD ELEMENTARY
SCHOOL IMPROVEMENT UPDATE
Ms. Cynthia Dragich, Hollymead Elementary School
principal, described Hollymead's School Improvement
Plan and its three objectives for the current school year:
Objective One: Improve all students' proficiency in
writing through a systematic instructional approach
to the steps of the writing process and monitor
progress through teacher observation and rubrics.
One program,' Hollymead's Academic Learning
Project Schools (ALPS), targets 24 second graders
who are one or more grade levels below in
reading/writing; they attend in-depth 30-minute
small-group instruction sessions in decoding skill~
and reading comprehension three times per week.
Objective Two: All students will master the grade-
level objectives in the technology plan. Training for
both staff and students is provided. Teacher
instruction includes work on electronic equipment,
instructional software and hardware, and newsletter
production; instruction through the University of
Virginia .is also available. Students have class lessons
using teacher-developed plans in the technology lab
or using the presentation systems in classrooms; they
work on keyboarding skills and learn from other
students through a "Tech Buddies" program.
Objective Three: Review student data and apply
data results when planning for future instructional
needs and S~ goals. The faculty will meet to review
Standards of Learning (SOL) data and the state
School Performance Report Card, and they will
discuss "Communicating the SOL Message" to all
concerned in the most effective manner.
H0llymead staff continUes to work on past SI2P
objectives, including improved communication about
curriculum implementation and increased gifted program
referrals, particularly the identification of African-
American students for the gifted program.
YOUTH RISK BEHAVIOR SURVEY
The Board received the revised Youth Risk Behavior
Survey for middle and high school students for second
reading. The survey is designed to asses the nature and
extent of youth drug use and to obtain data on activities
affecting heakh and safety, including nutrition. After
discussion, Board members agreed upon several
additional changes, including the assurance of student
anonymity emphasis on the fact that taking the survey is
voluntary. The 'Board then approved the survey.
CHARTER SCHOOLS REVIEW COMMITFEE
MEETING
Five community members appointed to the Charter
Schools Review Committee to two-year terms by the
School Board at its March 22, 1999 meeting attended
their f'n'st meeting on April 26, 1999. They reviewed
Policy LC, Charter Schools, in preparation for'evaluating
charter school applications for the 2000-2001 school year.
'The committee members bring a Welcome depth and
diversity, of experience to their task:
Or Mr. james Gillespie, president of the Agnor-Hurt
Elementary School Parent-Teacher Organikation'and
parent of two children in the schools, is an
economist with the Virginia Department'of
Transportation (V-DOT).
Ms. Grace Zisk, a retired Albemarle County teacher
with a background in Education and Reading is a
published writer and freelance editor; she has
experience with at-risk, special-needs, and gifted
students.
Ms. Patricia Brown-Jones, currently working on her
doctorate in Education Policy Studies at the
University of Virginia, has done research on charter
schools, alternative schools, and school voucher
programs.
Mr. Kenneth Lee, retired from Sperry Marine, is
experienced in business management and strategic
and developmental planning and is interested in
assuring that educational policies and practices help
all students reach their potential.
Ms. Mary Anna Dunn, with a doctorate in
Curriculum/Instruction from the University of
Virginia, is self-employed as a consukant, focusing on
innovative schools and educational programs; she has
researched charter schools, magnet schools, and
other alternative educational systems.
Albemarle County is one of the first school divisions in
the state of Virginia to adopt a comprehensive charter
schools policy and application process. This policy is
also available on the division website.
Applications for charter schools for the 2000-2001 school
year will be accepted until May '15, 1999. For further
information, please contact Frank Morgan, Assistant
Superintendent for Support Services, at 296-5877.
1999-2000 SCHOOL DMSION BUDGET UPDATE
On February 10, 1999, the School Board passed a budget totaling $83,130,700, including
$990,679 in unfunded priorities. Based on action by the Board of Supervisors and the General
Assembly, the Board now has $527,592 in additional available revenue. Of those funds, $327,592 is
recurring money and $200,000 is non-recurring money. The Superintendent's preliminary proposal
for these funds, which would leave $78,568 in the School Board Reserve, is as follows:
Non-Recurring Funds
Mobile Units: $ 80,000
Project Return II/SeCondary'Alternative Education: $ 40,000
Equipment Replacement: $ 20,000
Technology Department Startup: $ 40,000
Temporary Space for.Technology Department: $ 20,000
Recurring Funds
~ 2 Positions, Elementary Art/Music/PE: $ 81,506
} 50% of ESOL Phase Il: $ 38,186
~ 2 Positions, Gifted Education Phase II: $ 83,186
~ 1.75% Increase in School/Department Budgets: $105,053
The Board asked staff to seek existing alternatives for space for the Technology Department
and to provide more detail about the Secondary Alternative Education program. The Board will
hold a budget work session on May 3, 1999 at 6:30 p.m. in Room 331 for public testimony, further
discussion, and possible adoption of the budget.
SCHOOL BOARD APPROPRIATION
OF STATE ONE-TIME LOTTERY FUNDS
The Superintendent's Proposed Budget, presented on January 19, 1999, referred to
approximately $1.34 mill'ion in additional'state funding anticiPated for the current fiscal year, due
to lottery funds and associated lottery hold-harmless provisions. The proposed budget included and
described the planned allocation of these funds. Action by the General Assembly in April
established a one-time increase in funding due to lottery funds ($881,431) and hold-harmless
provisions ($516,117) in the total amount of $ !,397,548. Staff recommended and the Board
approved appropriation of these funds as follows:
School Bus Replacement $610,000
Textbooks $560,000
Early Retirement $ 97,548
Equipment Replacement $ 50,000
Mobile Classrooms $ 40,000
Education and Recreation Supplies (AHS Athletics) $ 13,334
Education and Recreation Supplies (WAHS Athletics) $ 13,333
EdUcation and Recreation Supplies (MHS Athletics) $ 13,333
COUNTY OF ALBEMARLE
MEMORANDUM
FROM:
DATE:
RE:
Melvin A. Breeden, Director of Finance
Ella W. Carey, CMC, Cler~~
May I1, 1999
Board Actions of May 5, 1999
At its meeting on May 5, 1999, the Board of Supervisors took the following actions:
Approved an amendment to the FY 1999 school operating budget by $1,397,548 in state
lottery funds to used for one time School Division expenditures, as set out on Appropriation
Form #98071; and
· Adopted the attached ordinance to increase the regular salary of each Board member by
four percent to establish compensation at $10,362.
/ewc
Attachments
pc:
Roxanne W. White
Robert Walters
Kevin Castner
Jackson Zimmerman
Frank Morgan
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing and Approval of FY99 Budget Amendment for
School Division Lottery Funds
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on proposed budget to amend the FY99
school operating budget by $1,397,548 in state lottery funds
and request for approval of attached Appropriation #98071.
STAFF CONTACT(S):
Tucker, White, Morgan, Zimmermann
AGENDA DATE:
May 5, 1999
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
The Albemarle County school division will receive an additional $1,397,548 in state revenues in the current year due to final
1999 General Assembly legislation, which distributes additional lottery profits to localities, half in the current year and half in
the next fiscal year. The school division will receive $1,397,548 in two lump sum payments, one in May and one in June.
Pursuant to Virginia Code Section 15.2-2507, the County must hold a public hearing if any amendment or change to the
adopted budget exceeds 1% or $500,000, whichever is lesser.
DISCUSSION:
During the presentation of the Su perintendent's Proposed Budget at the Board's joint meeting with the School Board on
February 3, 1999, several references were made to the expectation of one-time state lottery revenues to be received in the
current year. The division of the lottery profits across two fiscal years had been part of the Governor's initial proposal and
school division staff had anticipated using the additional $1.34 million for one-time needs in the current year when they
prepared their FY00 budget request. The school division FY99/00 budget as presented to the School Board and the Board
of Supervisors assumed that these needs would be met during FY98/99 with lottery profits.
The School Division proposes to use the additional funds in the following manner:
.Bus Replacement
New Textbooks
Dept. of Technology Office
High School Athletic Equipment
School Division Equipment Replacement
Voluntary Early Retirement Incentive Program (VERIP)
TOTAL
$61 O, 000
$56O,OOO
$ 40,000
$ 4O,OOO
$ 5O,OOO
$, 97,548
$1,397,548
The textbook purchases will put the School Division on the established textbook replacement cycle and fund the most
expensive adoptions, math and science. The purchasing of additional school buses allows the School Division to defer for
an additional year the needed increase in recurring funding of the bus replacement fund. The other items will fund one-time
costs needed for equipment during the next school year in the athletic programs and the schools. The last item, which is
partially addressed by these funds, is the increased costs associated with the Voluntary Early Retirement Incentive Program
(VERIP), which was underfunded in the current year.
RECOMMENDATION:
Following the public hearing, staff recommends approval of Appropriation #98071 the amount of $1,397,548 in additional state
funding for one-time School Division expenditures.
99.075
COUNTY OF ALBEMARI E
TO:
FROM:
DATE:
RE:
Robert W. Tucker, Jr., County Executiv
April 2, 1999
Board of Supervisors' Cost of Living InCrease
As you know, the State code provides that governing bodies can increase their annual salary annually
up to 5% after a public hearing regarding the matter has been held. The salary increase cannot be
enacted prior to May 1st or later than June 30th.
With your approval of this request, under your Consent Agenda, the Clerk's Office will advertise
a 4% increase (which is equal to the salary pool for all county employees) for Board of Supervisor
member salaries and schedule the public hearing for May 5, 1999. The effective date of the salary
increase will be July 1, 1999.
Should you have any questions, please do not hesitate to call me.
RWT,Jr/dbm
99.024
Neighbor
To
Neighbor
'99
Albemarle County Neighborhood Summit
Saturday, .lune 5, 8:30 am - 11:30 am
Albemarle County Office Building, Room 241 (401 McIntire Road)
FREE for all citizens, materials and refreshments provided
Network... Learn... Enjoy!
Are you interested in finding out about the programs and services
that are available to your neighborhood? How about learning more
about future projects that are planned for your community? .loin
fellow county neighborhood residents at Neighbor to Neighbor '99
to talk to county officials and staff about the issues and projects that
are important to you and y~)ur neighbors and to help organize a
countywide neighborhood network.
~ . . .Neigh[
'Z.:t:::oo.a~. Building:Our Sh'ared'Futdre '.: "'~
For more information or to register for Neighbor to Neighbor '99,
please call the Community Relations Office at (804)296-584:[ or email
Icatlin@albemarle.org.
MAY 5, 1999
EXECUTIVE SESSION MOTION
I MOVE THAT THE BOARD go INTO EXECUTIVE SESSION
PURSUANT TO SECTION 2. I -344(A) Of THE CODE OF VIRGINIA
UNDER SUBSECTION ( I ) TO CONSIDER APPOINTMENTS TO
BOARDS AND COMMISSIONS;
UNDER SUBSECtiON (3) TO CONSIDER THE ACQUISitioN OF
PROPERTY FOR TWO SCHOOL SITES AND THE USE OF
SPECIFIC PUBLICLY OWNED PROPERTY; AND
UNDER SUBSECTION (7) TO CONSULT With LEGAL COUNSEL
AND STAFF REGARDING AN iNTERJURISDICTIONAL SERVICE
AGREEMENT.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Members of the Board of Supervisors
Laurie Hall, Senior Deputy Clerk
April 30, 1999 ~
Vacancies on Boards and Commissions
I have attached the updated list of vacancies on boards and commissions through
July 31, 1999. Unless you indicate that you would either like to reappoint the same person, if
eligible, or select your own magesterial appointment without advertising, these vacancies will be
advertised in the Daily Progress on May 23 and 30. Applications for new vacancies, which will
then be due no later than June 30, will be forwarded to you at the Board meeting on
July 7, 1999.
cc: Bob Tucker Larry Davis
Ch'ville Regional Chamber of Commerce
WISH TO BE MAGISTERIAL
NEW TERM RE- APPOINTMENT?
BOARD OR COMMISSION MEMBER TERM EXPIRES EXPIRES APPOINTED?
(Applications due 5/25/99.) C. Timothy Lindstrom 12-13-98 12-13-01 No
(Applications due 6/9/99.) Patricia H. Ewers 12-31-99 Resigned Rivanna
(Applications due 6/9/99.) Karen L. Powell 12-31-01 Resigned Jack Jouett
(Applications due 5/25/99.) Maria Bell 06-30-99 06-30-02' No
(Applications due 5/25/99.) Jacquelyn C. Perry 06-30-99 06-30-02 No
(Applications due 5/11/99.) C. Timothy Lindstrom 07-09-99 07-09-01 Resigned
A. Bruce Dotson 07-09-99 07-09-01 ?
Peter G. Hallock 07-09-99 07-09-01 ?
Charlotte Y. Humphris 07-09-99 07-09-01 Yes
Charles M. Rotgin, Jr. 07-09-99 07-09-01 ?
Dennis S. Rooker 07-09-99 07-09-01 ?
Michael K. Semanik 07-09-99 07-09-01 ?
*Note: Ms. White has suggested that, since the Fiscal Impact Advisory Committee did not meet until the fall of 1998, their terms be extended for one year (to
expire 7/9/2000) instead of reappointing them to a second term to expire 7/9/2001. This would permit them to be reappointed to a second two-year term in 2001.