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HomeMy WebLinkAbout1998-10-07 ACT IONS Board of Supervisors Meeting of October 7, 1998 October 12, 1998 5o 6.1 6.2 6.3 6.4 6.5 AGENDA ITEM Call to order. Other matters not listed on the agenda from the Public. NONE. Presentation of Certificate of Appreciation to Mr. Steven Ayres. Appropriation: EMS Recruitment and Retention Mini-Grant, $4,930 (Form ~98012) . APPROVED. Appropriation: Soil and Water Conservation District, $10,834 (Form ~98026) . APPROVED. Appropriation: Virginia Film Festival, $10,000 (Form ~98027) . APPROVED. Appropriation: Charlottesville-Albemarle Planning Organization Grant, $38,948 (Form ~98028) . APPROVED. Appropriation: HUD Section8 Housing Assistance, $1,524,744 (Form ~98029). APPROVED. ASSIGNMENT The meeting was called to order at 9:00 a.m. Ail members of the Board of Supervisors were in attendance except Mr. Perkins. None. None. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Action letter from October 7, 1998 Board meeting 6.6 Appropriation: Criminal Justice Planner Grant 99- C9168, $69,096.50 (Form #98030). APPROVED. 6.7 Appropriation: Education, $7,840 (Form #98031). APPROVED. 6.8 Appropriation: Emergency Communications Center, $38,316 (Form #98032). APPROVED. 6.9 6.10 Appropriation: Allocation of Budgeted Decompression Funds to Departments, $130,470 (Form #98033). APPROVED. Appropriation: Sheriff's Department, $51,466 (Form #98035). APPROVED. 6.11 6.12 6.13 6.14 FY 1997/98 Reappropriations for Operating and CIP Budgets. APPROVED. Set PH for 11/4/98, to revise ~17-209, Erosion and Sediment Control Fee Schedule, of the Water Protection Ordinance. SET PUBLIC HEARING. Set PH for 10/21/98, to grant water and sewer easements for Monticello HS to the ACSA. SET PUBLIC HEARING. Resolution to take Woodbrook Drive (SDP-95-118) into the State Secondary System of Highways. ADOPTED. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Send letters of appreciation. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. Clerk: Forward signed appropriation to Director of Finance and other appropriate individuals. ~lerk: Forward signed appropriation to Director of Finance and other' appropriate individuals. Clerk: Advertise Public Hearing for 11/4/98. Clerk: Advertise Public Hearing for 10/21/98. Clerk: Forward resolution and SR-5 form to Mark Henry, Engineering. Action letter from October 7, 1998 Board meeting 6.15 Resolution to adopt Non- Discriminatory Policy for Housing Rehabilitation and Production Project in the Porters Road/Yancey School Neighborhood Road CDBG. ADOPTED. 6.16 Request.to approve Central Well Supply Water to Mountaintop Farm Community. APPROVED W/CONDITIONS. 6.17 Resolution: Charter of Central Shenandoah Criminal Justice Training Academy. ADOPTED. 6.18 Update on RFP 97-24 (Telecommunications Tower Consultant Contract). PLACE ON REGULAR AGENDA AT 11/4/98 BOS MEETING. 6.20 Memo dated 9/22/98, from Amelia G. McCulley re: Enforcement of Home Occupation Regulations and Conditions of Approval. 6.21 Letter dated 9/25/98, from AJnelia G. McCulley to Mr. Bill Brent re: Camelot Sewage Treatment Plan, Zoning Use Determination. Transporation Matters work session on Six Year Secondary Road Plan for FY1999/2000- 2004/05. SET PUBLIC HEARING FOR 10/21/98. Clerk: Forward original Resolution to Ginny McDonald. Engineering Staff: Work with Health Department to ensure they are familiar w/policies regarding these SUP's. ClerK: Send conditions to Engineering and Bob Brent. · Clerk: Forward resolution to Mr. James G. Welsh and Chief Miller. Cle.rk: Place on 11/4/98 agenda. Staff: Present report on fee schedule for SUP's for telecommunications towers at 11/4/98 BOS meeting. (To be discussed by the Board at a future date.) (To be discussed by the Board at a future date.) Planning staff: Forward to the Board another copy of Attachment A, as a portion of the figures was cut off when photocopied. Clerk: Advertise PH for 10/21/98. 3 Action letter from October 7, 1998 Board meeting Presentation: Dave Pastors, Update on Activities of the TJ Jefferson Area Community Criminal Justice Board 10. Update on Neighborhood Activities, Lee Catlin. 11. PUBLIC HEARING to consider lease of Old Crozet School to Crossroads-Waldorf School. AUTHORIZED THE LEASE TO BE SIGNED. 12. 13. 14. 15. 16. PUBLIC HEARING on proposed issuance of School bonds to finance school capital projects. APPROVED RESOLUTION. Presentation: Albemarle County Strategic Plan. ADOPTED STRATEGIC PLAN. Voting Credentials for the Annual Business Meeting of VACO. BOARD APPOINTED MS. HUMPHRIS ITS REPRESENTATIVE AT ANNUAL MEETING; MS. THOMAS DESIGNATED ALTERNATE. Other matters. In response to question from Hon. Paul Harris, the Board took no position on 2 proposed constitutional amendments. Executive Session: Legal and Personnel Matters (Appointments). MADE SEVERAL APPOINTMENTS (see attached list.) None. County Executive: Sign lease. Staff: Conduct worksession at the 11/4/98 BOS meeting to provide status of Comprehensive Plan on community facilities in the Crozet area. Clerk: Forward 6 originals of resolution to Brenda Neitz in Finance. None. Clerk: Forward form to VACo. Clerk: Draft letter for Chairman's signature. Elerk: Send notification letters to those selected and those not. Update Boards and Commissions files. Prepare certificates of appreciation for outgoing members. 4 · Action letter from October 7, 1998 Board meeting~ 19. Discussion: Policy on water/sewer service to properties split by jurisdictional area boundaries. ADOPTED POLICY AS RECOMMENDED BY STAFF. Non-Agenda Board appointed Mr. John Bunch and Ms. JoAnne Ebersold to the Jefferson Area Bicycle and Walking Advisory Committee. /lbh Attachment Distribution list: Board of Supervisors (6) County Executive and staff (10) Kevin Castner Larry Davis John Grady Clerk: Forward policy to Plannign and ACSA. Clerk: Send notification letters to those appointed. Update Boards and Commissions files. Action letter from October 7, 1998 Board meeting At its October 7,,1998 meeting, the Board of Supervisors did: appoint Ms. Dolly Prenzel as the University of Virginia's representative on the Housing Committee, reappoint Ms. Frances Lee-Vandell to the Housing Committee, reappoint Mr. James Clark, Jr. to the Equalization Board, eappoint Mr. Craig VandeCastle and Ms. Sherry Buttrick to the PublicRecreational Facilities Authority, reappoint Mr. Frank Kessler to the Architectural Review Board, reappoint Mr. Samuel Anderson to the Albemarle County Planning Commission, reappoint Ms. Tracy Corea as the Rivanna representative to the Equalization Board, reappoint Mr. John Marshall as the joint City/County representative to the Rivanna Solid Waste Authority and to the Rivanna Water and Sewer Authority, and reappoint Mr. G. David Emmitt to the Rivanna Solid Waste Authority Citizens Advisory Committee. appoint Mr. John Bunch and Ms. JoAnne Ebersold to the Jefferson Area Bicycle and Walking Advisory Committee. 6 401 Mcl~ir~ ~ Chzrlott~ville. V'~ 22902-4596 R 0 F F I C E MEMO I To: From: Subject: Date: Melvin A. Breeden, Director of Finance Laurel B..Hall, Senior Deputy Clerk [~ Appropriations Approved on October 7, 1998 October 12, 1998 Attached is the original appropriation forms for the following items which were approved by the Board at its meeting on October 7, 1998: 1) 2) 3) 4) 5) 6) 7) 8) 9) lo) 11) Appropriation: (deferred from Appropriation: Appropriation: Appropriation: #98028). Appropriation: Appropriation: EMS Recruitment and Retention Mini-Grant, $4,930 (Form #98012) September 2, 1998). Soil and Water Conservation District, $10,834 (Form #98026). Virginia Film Festival, $10,000 (Form #98027). Charlottesville-Albemarle Planning Organization Grant, $38,948 (Form HUD Section 8 Housing Assistance, $1,524,744 (Form #98029). Criminal Justice Planner Grant 99-C9168, $69,096.50 (Form #98030). Appropriation: Education, $7,840 (Form #98031). Appropriation: Emergency Communications Center, $38,316 (Form #98032). Appropriation: Allocation of Budgeted Decompression Funds to Departments, $130,470 (Form #98033). Appropriation: Sheriff's Department, $51,466 (Form #98035). FY 1997/98 Reappropriations for Operating and CIP Budgets. Attachments: (sent to appropriate departments) CCi Roxanne White Richard E. Huff, II Robert Walters Kevin Castner Jackson Zimmerman Larry Davis Carl Pumphrey Gordon Yager Nanc~ O'Brien Ginny McDonald Melvin A. Breeden, Director of Finance Page 2 October 12, 1998 Kathy. Ralston Bill Mawyer Jim Heilman Shelby Marshall Terry Hawkins Fred Kruger John Miller Tom Hanson Pat Mul[aney Ella Carey Wayne Cilimberg Amelia McCulley John Halliday Phyllis Tignor David Hirschman COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - EMS Recruitment and Retention Mini-Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98012 in the amount of $4,930.00. STAFF CONTACT(S): Messrs. Tucker, Huff, Pumphrey AGENDA DATE: October 7, 1998 ACTION: CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: The Virginia Department of Health, Office of Emergency Medical Services, has approved a mini-grant to provide funds to produce movie theater ads for recruitment purposes for volunteer rescue squad members. This grant is specific for this purpose per an application made by the County's Recruitment & Retention Committee made up of volunteers across the County. DISCUSSION: The mini-grant is funded by a $4,930.00 Office of Emergency Medical Services grant. There is no local match. Staff acknowledges the concem of using this medium for roaching potential volunteers but has learned that the grant must be used for this purpose unless a waiver is granted. Staff has been advised that a waiver is possible but feels committed to this project for this rOund. Given these circumstances, staff roquests that this award be appropriated and used for its intended purpose with the understanding that futuro grant applications be directed in other advertising venues. RECOMMENDATION: Staff recommends approval of Appropriation 98012 in the amount of $4,930.00. 98.197 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98012 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: EMERGENCY MEDICAL SERVICES RECRUITMENT GRANT. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT ********************************************************************* 1 1555 32011 300000 PURCHASED SERVICES $4,930.00 TOTAL $4,930.00 REVENUE DESCRIPTION AMOUNT 2 1555 24000 240425 EMS GRANT $4,930.00 TOTAL $4,930.00 TRANSFERS REQUESTING COST CENTER: FIRE/RESCUE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS S I GNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Soil and Water Conservation District SUBJECT/PROPOSAL/REQUEST.: Request approval of Appropriation #98026 in the amount of $10,834 for the Soil and Water Conservation District STAFF CONTACT{S): Mr. Tucker, Ms. White AGENDA DATE: October 7, 1998 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: I ATTACHMENTS: Yes ~ ~ REVIEWED BY: -~/ BACKGROUND: At the September 2nd meeting, the Board approved additional funding in the amount of $14,782 for the Soil and Water Conservation District to increase the Administrative Secretary's time from a .6FTE to full-time. DISCUSSION: The attached appropriation form #98026 approves funding in the amount of $10,834 for the increased hours. The amount has been revised downward to reflect actual costs based on an October 1st effective date. RECOMMENDATION: Staff recommends approval of Appropriation #98026 in the amoUnt of $10,834. APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98026 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEVV X ADVERTISEMENT REQUIRED? YES NO X FUND: GENERAL PURPOSE OFAPPROPRIATION: ADDITIONALFUNDING FOR SOILCONSERVATION STAFFING. EXPENDITURE CODE DESCRIPTION AMOUNT 1000 82030 110000 SALARIES-REGULAR $8,466.00 1000 82030 210000 FICA 648.00 1000 82030 221000 VIRGINIA RETIREMENT SYS. 950.00 1000 82030 231000 HEALTH INSURANCE 734.00 1000 82030 232000 DENTAL INSURANCE 22.00 1000 82030 270000 WORKER'S COMPENSATION 14.00 TOTAL $10,834.00 REVENUE CODE DESCRIPTION AMOUNT 2 1000 51000 510100 GENERAL FUND BALANCE $10,834.00 TOTAL $10,834.00 TRANSFERS REQUESTINIS COST CENTER: COUNTY EXECUTIVE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS jATURE DATE David P. Bowerman Charlotte Y. Humph.ds October 12, 1998 COUNTY OF A[RF_.iVlA~[_F Office of Board of Supervisors 401 Mclntim Road Charlottesville, V'n~jinia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Mar~n Rivanna Walm' E Penkim ,?)ally H. Thomas Samuel Mi~er Mr. Richard Herskowitz, Director Virginia Film Festival U.Va. Drama Department 109 Culbreth Road Charlottesville, VA 22903 Dear Mr. Herskowitz: At its October 7, 1998 meeting, the Board of Supervisors approved appropriations, one of which applied to the Virginia Film Festival. I have attached a copy of the appropriations memo for your assistance. IfI can be of any assistance, please call me at 296-5843. Thank you. Sincerely, Laurel B. Hall Senior Deputy Clerk Attachment Printed on recycled paper COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation- Virginia Film Festival SUBJECT/PROPOSAL/REQUEST: ReqUest approval of Appropriation #98027 in the amount of $10,000 for the Virginia Film Festival STAFF CONTACT(S}: Mr. Tucker, Ms. White AGENDA DATE: ITEM NUMBER: October 7, 1998 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At the September 2"~ meeting, the Albemarle County Board of Supervisors approved funding in the amount of $10,000 to the Virginia Film Festival with funds provided from the County's Tourism Fund. DISCUSSION: The attached appropriation approves a contribution of $10,000 from the Tourism Fund to the Virginia Film Festival. RECOMMENDATION: Staff recommends approval of Appropriation #98027 in the amoUnt of $10,000 to the Virginia Film Festival from the County's Tourism Fund. 98.200 APPROPRIATION REQUEST FISCAL YEAR: 98/99 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: FUNDING FOR VIRGINIA FILM FESTIVAL EXPENDITURE CODE DESCRIPTION NUMBER ADDITIONAL TRANSFER NEVV X YES NO X TOURISM 98027 AMOUNT 1 1810 72030 560409 VA. FILM FESTIVAL $10,000.00 I 1810 72030 568905 TOURISM PROJECTS -10000.00 TOTAL $0.00 REVENUE CODE DESCRIPTION AMOUNT TOTAL $0.00 TRANSFERS REQUESTIN~ COST CENTER: COUNTY EXECUTIVE APPROVALS: DIRECTOR OFFINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Cha rlottesville-Albemarle Metropolitan Planning Organization Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98028 in the amount of $38,948.00. STAFF CONTACT(S): Messrs. Tucker, Breeden, Walters, Cilimberg, Ms. White BACKGROUND: AGENDA DATE: October 7, 1998 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: .~'~'"~'"'"' / The 1998/99 Unified Planning Work Program was prepared by the Thomas Jefferson Planning District Commission for the Charlottesville Albemarle Metropolitan Planning Organization. The program includes transportation studies and ongoing planning activities, including a Transportation Improvement Program that lists road and transit improvement for the upcoming three years, and the 20-year Charlottesville Area Transportation study updated every five years. Other activities address traffic congestion reduction, city-county bicycle and pedestrian improvements, and public-private transit development. DISCUSSION: The work to be performed by the County of Albemarle will be funded by a $31,158.40 Federal Grant, a $3,894.80 State Grant, and a $3,894.80.transfer from the Planning Department's approved Budget. RECOMMENDATION: Staff recommends approval of Appropriation 98028 in the amount of $38,948.00. 98.194 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98028 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR METROPOLITAN PLANNING ORGANIZATION OPERATIONS. EXPENDITURE CODE DESCRIPTION AMOUNT 1 1208 81301 110000 SALARIES-REGULAR $3,300.00 1 1208 81301 350000 PRINTING & BINDING 42.00 1 1208 81301 600100 OFFICE SUPPLIES 200.00 1 1208 81302 110000 SALARIES-REGULAR 12,500.00 1 1208 81302 350000 PRINTING & BINDING 203.00 1 1208 81302 600100 OFFICE SUPPLIES 5,000.00 I 1208 81309 110000 SALARIES-REGULAR 2,500.00 1 1208 81309 310000 CONSULTANT 15,000.00 1 1208 81309 350000 PRINTING & BINDING 100.00 1 1208 81309 600100 OFFICE SUPPLIES 103.00 TOTAL $38,948.00 REVENUE CODE DESCRIPTION AMOUNT 2 1208 24000 240500 STATE GRANT $3,894.80 2 1208 33000 330001 FEDERAL GRANT 31,158.40 2 1208 51000 512004 LOCAL MATCH 3,894.80 TOTAL $38,948.00 TRANSFERS REQUESTIN~ COST CENTER: PLANNING APPROVALS: DIRECTOR OF FINANCE BOARD OFSUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - HUD Section 8 Housing Assistance SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98029 in the amount of $1,524,744.00. STAFF CONTACT(S): Messrs. Tucker/Breeden/Walters, Ms. White, Ms. McDonald AGENDA DATE: October 7, 1998 ACTION: CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Section 8 Housing Program is an ongoing rental assistance program offered by the Federal Department of Housing and Urban Development (HUD). The Section 8-001 program provides housing assistance with 178 subsidies and is funded through June 2002. The Section 8-002 program provides 34 housing vouchers. The Section 8-003 program provides housing assistance for 34 units. DISCUSSION: The final amount of the Federal HUD grant will be determined by the final amount of assistance rendered to residents. It is estimated that the grant 8-001 should be approximately $1,012,694.00, grant 8-002 should be approximately $232,026.00, and grant 8-003 should be approximately $280,024.00, a total of $1,524,744.00. RECOMMENDATION: Staff recommends approval of appropriation 98029 in the amount of $1,524,744.00. 09-]~-98P02 :~] P,, C V b ;)8.193 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98029 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR HUD PUBLIC ASSISTANCE GRANTS. EXPENDITURE CODE DESCRIPTION AMOUNT 1227 ~81920 300205 ADMINISTRATIVE SERVICES $921,012.00 1227 81920 312800 PROF. SER. AUDIT 400.00 1227 81920 579001 HOUSING ASSIST. PAYMENTS 91,282.00 1227 81921 300205 ADMINISTRATIVE SERVICES 213,359.00 1227 81921 312800 PROF. SER. AUDIT 200.00 1227 81921 579001 HOUSING ASSIST. PAYMENTS 18,467.00 1227 81922 300205 ADMINISTRATIVE SERVICES 256,608.00 1227 81922 312800 PROF. SER. AUDIT 200.00 1227 81922 579001 HOUSING ASSIST. PAYMENTS 23,216.00 TOTAL $1,524,744, 00 REVENUE CODE DESCRIPTION AMOUNT 2 1227 33000 330015 SECTION 8-001 GRANT $1,012,694.00 2 1227 33000 330016 SECTION 8-002 GRANT 232,026.00 2 1227 33000 330017 SECTION 8-003 GARNT 280,024.00 TOTAL $1,524,744.00 TRANSFERS REQUESTIN~ COST CENTER: HOUSING APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: APpropriation - Criminal Justice Planner Grant 99-C9168 SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 98030 in the amount of $69,096.50. STAFF CONTACT(S): Messrs. TuCker, Breeden, Walters, Mss. White AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: ~X INFORMATION: ATTACHMENTS: REVIEWED BY: / BACKGROUND: Grant funds are being requested to continue to fund a criminal justice planner for the Jefferson Area Community Criminal Justice Board (CCJB) serving the nine participating localities under the Community Corrections Options Program. This grant has been approved for a third year. This position will collect data, assess criminal justice needs in the nine-county area and assist the CCJB in developing a strategic plan for community criminal justice services. Although the position is housed and supervised at the planning district, the position serves as staffto the CCJB. Project Director for the grant is Jim Camblos, Commonwealth Attorney. DISCUSSION: The criminal justice planner will be funded by a $45,892.00 Department of Criminal Justice Service Services (DCJS) grant and $15,916.00 in local match for a total of $61,347.00. The local match will be provided by the nine participating localities. The match for the County of Albemarle is being funded by current budgeted expenditures. Operations for the 1997/98 year resulted in a fund balance of $7,288.50. RECOMMENDATION: Staff recommends approval of appropriation 98030 in the amount of $69,096.50. 98.196 FISCAL YEAR: APPROPRIATION REQUEST 98/99 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? FUND: PURPOSE OF APPROPRIATION: FUNDING FOR CRIMINAL PLANNER GRANT. EXPENDITURE CODE DESCRIPTION NUMBER ADDITIONAL TRANSFER NEW YES NO X GRANT 98030 AMOUNT 1 1520 29409 300000 PURCHASED SERVICES $61,808.00 I 1520 29409 580300 REFUNDS 7,288.50 TOTAL $69,096.50 REVENUE CODE DESCRIPTION AMOUNT 2 1520 19000 190207 CITY OF CHARLOTTESVILLE $3,979.00 2 1520 19000 190216 CENTRALVA REGIONAL JAIL 6,366.40 2 1520 19000 190217 COUNTY OF GOOCHLAND 1,061.07 2 1520 19000 190218 COUNTYOF NELSON 530.53 2 1520 33000 330408 DCJS GRANT 45,892.00 2 1520 51000 510100 FUND BALANCE 7,288.50 2 1520 51000 512004 GENERAL FUND TRANSFER 3,979.00 TOTAL $69,096.50 TRANSFERS REQUESTINg COST CENTER: FINANCE APPROVALS: DIRECTOR OFFINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Education SUBJECTIPROPOSAUREQ.UEST: Request approval of appropriation #98031 in the amount of $7,840.00 for educational donations and the Shannon Foundation Grant STAFF CONTACT{S): Messrs. Tucker, Castner, Breeden AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REWEWED / BACKGROUND: At its meeting on September 14, 1998, the School Board approved the following appropriations: · Appropriation of $4,500.00 for Stone Robinson Elementary School · Appropriation of $500.00 for Greer Elementary School · Appropriation of $2,840 for the Shannon Foundation for Excellence in Education Grant DISCUSSION: The Stone Robinson PTO donated $4,500.00 to Stone Robinson Elementary School. The donation will be used to pay for a Volunteer Coordinator position at the school. Michael Klarman and Lisa Landsverk donated $500.00 to Greer Elementary School to help train teachers in technology for use with the Standards of Learning. The Shannon Foundation for Excellence in Public Education has made grant awards to several teachers in the Albemarle County Public Schools. The awards were made as follows: -, Jennifer B. Ferguson, Crozet Elementary School in the amoUnt of $440.00 --, Jeanie Ballard in the amount of $180.00 and Linda Haskell in the amount of $400.00, both of Paul H. Cale Elementary School --, Susan Oliveri, Meriwether Lewis Elementary School, in the amount of $400.00 -~ Jill Cline, Woodbrook Elementary School, in the amount of $250.00 -~ Christine Putnam and Clover Taylor, Walton Middle School, in the amount of $500.00 -+ Lisa Moot in the amount of $300.00 and Susan Temple in the amount of $370.00, both Western Albemarle High School. These funds will support projects in Science, Social Studies, Reading, History, Geography, and Math developed by the teachers such as Folk Tales, TAG bags, Colonial Days, 20th Century Music, American Studies, Microorganisms, Science with Art and C.L.A.S.S. RECOMMENDATION: Staff recommends the Board of Supervisors approval the appropriations, totaling $7,840.00, as detailed on Appropriation #98031. 98.195 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98031 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT/SCHOOL PURPOSE OF APPROPRIATION: EDUCATIONAL DONATIONS AND SHANNON FOUNDATION GRANT. EXPENDITURE CODE DESCRIPTION AMOUNT 1 2210 61101 135000 P/TCLERICAL $4,155.00 1 2210 61101 210000 FICA 345.00 1 2204 61411 580500 STAFF DEVELOPMENT 500.00 3502 60203 601300 INSTR. MATERIALS 440.00 3502 60206 601300 INSTR. MATERIALS 400.00 3502 60212 601300 INSTR. MATERIALS 250.00 3502 60214 601300 INSTR. MATERIALS 580.00 3502 60254 601300 INSTR. MATERIALS 500.00 3502 60302 601300 INSTR. MATERIALS 670.00 TOTAL $7,840.00 REVENUE CODE DESCRIPTION AMOUNT 2 2000 18100 181109 DONATION $4,500.00 2 2000 18100 181109 DONATION 500.00 2 3502 18000 181223 SHANNON FOUNDATION GRANT 2,840.00 · TOTAL $7,84O. OO TRANSFERS REQUESTIN~ COST CENTER: EDUCATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE DATE: TO: FROM: RE: BOARD OF SUPERVISORS M~,BE~ COUNTY PUBLIC SCHOOLS Memorandum Sept en~,,e~--~ 1998 Robert/~W. ,T~er, Jr., County Executive ~!~~f~~ e'e~A~p~ ~ ~o~Upe rint endent At its meeting on September 14, 1998, the School Board approved the following appropriations: o Appropriation of $4,500.00 for Stone'Robinson Elementary School. The Stone Robinson PTO donated $4,500.00 to Stone Robinson Elementary School. The donation will be used to pay for a Volunteer Coordinator position at the school. o Appropriation of $500.00 for Greet Elementary School. Michael Klarman and Lisa Landsverk donated $500.00 to Greet Elementary School to help train teachers in technology for use with the Standards of Learning. o Appropriation of $2,840 for the Shannon Foundation for Excellence in Education Grant. The Shannon Foundation for Excellence in Public Education has made grant awards to several teachers in the Albemarle County Public Schools. The awards made were to Jennifer B. Fer~uson, Crozet Elementary School in the amount of $440.00, Jeanie Ballard in.the amount of 180.00 and Linda Haskell in the amount of $400.00, both Paul H. Cale Elementary School, Susan Oliveri, Meriwether Lewis Elementary School, in the amount of $400.00, Jill Cline, Woodbrook Elementary School, in the amount.of $250.00, Christine Putman and Clover Taylor, Walton Middle School, in the amount of $500.00, Lisa Moot in the amount of $300.00, Susan Temple in the amount of $370.00, both Western Albemarle High School. These funds will support projects in Science, Social Studies, Reading, History, Geography, and Math developed by the teachers such as Folk Tales, TAG bags, Colonial Day, 20th Century Music, American Studies, Microorganisms, Science with Art and C.L.A.S.S. It is requested that the Board of Supervisors amend the appropriation ordinance to receive and disburse these funds as displayed on the attachment. smm xc: Melvin Breeden Ella Carey Page 2 September 15, 1998 Donation-Stone Robinson Elementary School Revenue: 2-2000-18100-181.109 Expenditure: 1-2210-61101-135000 1-2210-61101-210000 Donation Part-time'Office Clerical FICA $4,500.00 $4,155.00 $345.00 Donation-Greer Elementary School Revenue: 2-2000-18100-181109 Donation Expenditure: 1-2204'61411-580500 Staff Development $500.00 $500.00 The Shannon Foundation for Excellence in Public Education Grant Revenue 2-3502-18000-181223 Expenditures 1-3502-60203-601300 1-3502-60206-601300 1-3502-60212-601300 1-3502-60214-601300 1-3502-60254-601300 1-3502-60302-601300 The Shannon Foundation for Excellence in Public Education Instr. Materials Instr. Materials Instr. Materials Instr. Materials Instr. Materials instr. Materials $2,840.00 $440.00 $400.00 $25o.oo $88o.oo Ss00.00 $670.00 $2,840.00 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Emergency Communications Center SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation # 98032 in the amount of $38,316.00. STAFF CONTACT(S): Messrs. Tucker, Huff, Ms. White, Messrs. Hanson, Breeden AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The ExecutiVe Committee of the Emergency Communications Center Management Board recently approved several actions, transfers, and expenditures within the ECC fund. Albemarle County is the fiscal agent for the ECC and therefOre must appropriate Fund Balance monies. DISCUSSION: Approved the transfer and expenditure of $1,808 from the ECC Fund Balance to the ECC operating budget to be used toward the purchase of an emergency replacement of five (5) minute call check recording devices. This recording equipment is used for the Charlottesville Police Department's Police console. Approved the transfer of $15,000 from the ECC Fund Balance to this new contingency line item. In the past, transfers have had to be made from the Fund Balance to cover emergency or other expenditures. The creation of this line item will provide funding when needed without going through the current process. Approval will still be needed from the ECC Management Board Executive Committee before any expenditures could be made. Approved the transfer and expenditure of $3,908 from the Fund Balance to the ECC operation budget. This money will be used toward reimbursing employees who salaries were compressed. Approved the tranSfer and expenditure of $17,600 from the Fund Balance to the ECC operation budget. This money will be used to pay a consultant for the 800 MHZ Analog/Digital Simulcast Trunked Radio System RFP. RECOMMENDATION: Staff recommends the Board of Supervisors approve the appropriations totaling $ 38,316.00 as detailed on APpropriation #98032. 98.205 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98032 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED? YES NO X FUND: E.O.C. PURPOSE OFAPPROPRIATION: FUNDING FOR EQUIPMENTANDESTABLISHMENTOFACONTINGENCYLINEITEM. EXPENDITURE CODE DESCRIPTION AMOUNT 1 4100 31041 800301 COMM. EQUIP.-REPLACEMENT $1,808.00 1 4100 31041 999999 CONTINGENCY 15,000.00 1 4100 31040 110000 SALARIES 2,550.00 1 4100 31041 110000 SALARIES 1,358.00 1 4100 31041 312700 CONSULTANTS 17,600.00 TOTAL $38,316.00 REVENUE CODE DESCRIPTION AMOUNT 2 4100 51000 510100 FUND BALANCE $38,316.00 TOTAL $38,316.00 TRANSFERS REQUESTINg COST CENTER: E.O.C. APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Allocation Funds to Departments of Budgeted Decompression SUBJECT/PROPOSAL/REQUEST: Request Approval of Appropriation #98033 in the Amount of $130,470, which Allocates Budgeted Decompression Funds to Departments ISTAFF CONTACT{S): MesSrs. Tucker, Breede,, White, Gulati AGENDA DATE: October 7, 1998 ACTION: CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: X IREVIEWED BY: 7~--~-'''-'''~ BACKGROUND: As a result of implementing the 1996 Henddcks pay plan and previous pay studies, some county employees with varying years of experience have been ~compressed" relatively close to one another within their respective pay grades. In April, 1997, based on employee concerns expressed to the Board of Supervisors, a combined local government/school work team was organized to look at the pay scale compression issue. The group determined that there was a compression problem, and went on to develop a decompression formula that both Boards approved, and which will be implemented over a three-year time period, beginning in July, 1998. As part of the FY 1998/99 Budget, the Board approved a total allocation to general government of $196,240 for the first year of the three-year decompression process. DISCUSSION: Based an analysis of actual compensation increases received in July, $130,470 of the budgeted $196,240 "decompression pot~ will need to be allocated to vadous County departments to cover the cost of implementing decompression for FY 1998/99. This amount reflects the cost of implementing the decompression formula, net of savings from employee turnover. RECOMMENDATION: Staff rec°mmends approval of Appropriation #98033 in the amount of $130,470 to cover the cost of decompression in the various local government departments. 98.212 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER 98033 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: ALLOCATION OF FUNDING BUDGETED FOR COMPRESSION. EXPENDITURE CODE DESCRIPTION AMOUNT 1000 11010 160907 BOARD OF SUPERVISORS COMPRESSION ADJUSTMENT $915.00 1000 12010 160907 COUNTY EXECUTIVE COMPRESSION ADJUSTMENT 9,663.00 1000 12013 160907 COMMUNITY RESOURCES COMPRESSION ADJUSTMENT 1~581.00 1000 12040 160907 COUNTY ATTORNEY COMPRESSION ADJUSTMENT 1 276.00 1000 12141 160907 FINANCE COMPRESSION ADJUSTMENT 29,518.00 1000 13020 160907 DEPTOF VOTER REG & ELECT COMPRESSION ADJUSTMENT 58.00 1000 31012 160907 POLICE COMPRESSION ADJUSTMENT 29,718.00 1000 32011 160907 FIRE RESCUE COMPRESSION ADJUSTMENT 7,711.00 1000 34000 160907 INSPECTIONS COMPRESSION ADJUSTMENT 7,362.00 1000 53011 160907 V.P.A. COMPRESSION ADJUSTMENT 18,436.00 1000 71017 160907 PARKS & RECREATION COMPRESSION ADJUSTMENT 2,104.00 1000 81010 160907 PLANNING COMPRESSION ADJUSTMENT 5, S72.00 1000 81030 160907 HOUSING COMPRESSION ADJUSTMENT 8,481.00 1000 81040 160907 ZONING COMPRESSION ADJUSTMENT 7~975.00 1000 95000 999977 TRANSFERS COMPRESSION RESERVE -130,470.00 TOTAL $0.00 REVENUE CODE DESCRIPTION AMOUNT TOTAL $0.00 TRANSFERS REQUESTING COST CENTER: COUNTY EXECUTIVE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Sheriff's Department SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #98035 in the amount of $51,466 for an additional bailiff for Juvenile and Domestic Relations Court. AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): REVIEWED BY: Mr. Tucker, Ms. White / BACKGROUND: Late last month at a special meeting attended by both Juvenile Court Judges, Department of Juvenile Justice staff, Court and Sheriff's department staff, and City Police, both County Executive and City Manager Staff were apprised of the physical plant and staffing needs for the juvenile holding cells. Currently, the cells are often overcrowded on court docket days and visibility into the cells is limited. DISCUSSION: Although a major City/County study is currentlY underway to address the needs of Juvenile Court, as well as the burgeoning needs of the other court facilities, there is an immediate need in the meantime to correct the situation at Juvenile Court. Staff has met with the Sheriff's department and determined that an additional bailiff is needed to provide the required supervision of juveniles kept in the holding cells while court is in session. This temporary bailiff position, which will be revisited during budget time, would be responsible for monitoring the juveniles, as well as for processing and fingerprinting the juveniles when they are brought in to the courthouse. In addition to the security needs addressed by an additional bailiff, staff may need to come back to the Board in the near future to request additional funding for some physical improvements, such as electronic surveillance cameras and replacement doors. The estimated cost of these minor improvements is not available at this time. RECOMMENDATION: Staff recommends approval of appropriation #98035 in the amount of $51,466 to hire a temporary bailiff for the remainder of the fiscal year. The need for this position will be revisited during the FY99/00 budget process. The City will contribute 50% of the funding for the bailiff. Linda Peacock Terry Hawkins )8.209 APPROPRIATION REQUEST FISCAL YEAR: 98/99 NUMBER TYPE OF APPROPRIATION: ' ADDITIONAL ~. TRANSFER · ' NEW ADVERTISEMENT REQUIRED? YES NO X X 98035 FUND: GENERAL PURPOSE OFAPPROPRIATION: ADDITIONALBAILIFFFORJUVENILEAND DOMESTIC RELATIONS COURT. EXPENDITURE CODE DESCRIPTION 1 1000 31020 110000 SHERIFF 1 1000 31020 210000 SHERIFF 1 1000 31020 221000 SHERIFF 1 1000 31020 231000 SHERIFF 1 1000 31020 232000 SHERIFF 1 1.000 31020 270000 SHERIFF 1 1000 31020 312500 SHERIFF 1 1000 31020 370000 SHERIFF 1 1000 31020 530900 SHERIFF 1 1000 31020 580100 SHERIFF 1 1000 31020 600900 SHERIFF 1 1000 31020 601000 SHERIFF I 1000 31020 601100 SHERIFF 1 1000 31020 800501 SHERIFF AMOUNT SALARIES-REGULAR $20,521.00 FICA 1,570.00 VIRGINIA RETIREMENT SYS. 2,302.00 HEALTH INSURANCE 1,732.00 DENTAL INSURANCE 52.00 WORKER'S COMPENSATION 386.00 PROF. SER. INSTRUCTIONAL 180.00 LAUNDRY & DRY CLEANING 138.00 AUTOMOTIVE INSURANCE 729.00 DUES & MEMBERSHIPS 35.00 VEHICLE & EQUIP. SUPPLIES 1,724.00 POLICE SUPPLIES 675.00 UNIFORMS & APPAREL 272.00 MOTOR VEHICLES-REPL 21,150.00 TOTAL $51,466.00 REVENUE CODE DESCRIPTION AMOUNT 2 1000 19000 190202 CITYOF CHARLOTI'ESVILLE $25,733.00 2 1000 51000 510100 FUND BALANCE 25,733.00 TOTAL $5 i ,466.00 TRANSFERS REQUESTING COST CENTER: COUNTY EXECUTIVE APPROVAL~ DIRECTOR OFFINANCE BOARD OFSUPERVISORS SIGNA/TURE DATE David P. Bowerman Charlotte Y. Humphris Forrest R. Ma~hall, Jr. COUNTY OF AI REMA~I~F Office of Board of ,Supervisors 401 Mclntim Road Charlottesville, Vu'cjinia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Ma~dn Walter E Perkins Sally H. Thomas Samuel Mill~ October 12, 1998 Mr. John Halliday, Director Jefferson Madison Region Library 201 E. Market St. Charlottesville, VA 22901 Dear Mr. Halliday: At its October 7, 1998 meeting, the Board of Supervisors approved FY 1997/98 Reappropriations for Operating and CIP Budgets. I have attached a copy of an appropriation request which included monies for the Jefferson Madison Regional Library. Should you have any questions, please contact me at 296-5843. Thank you. Sincerely, Laurel B. Hall Senior Deputy Clerk Attachment Printed on recycled paper MEMORANDUM FINANCE DEPARTMENT 401 Mclntire Road Charlottesville VA 22902 (804) 296-5855 To: From: Date: Board of Supervisors Robert W. Tucker, Jr., County Executive Melvin A. Breeden, Director of Finance October 6, 1998 Correction to Executive Summary Dated October 7, 1998 titled "Appropriation - Various Funds" On Tuesday afternoon, October 6, 1998, while reviewing this document for Wednesday's Board meeting, I discovered that I had made an error on one number affecting the available General Fund Balance. Due to the anticipated shortfall of personal property tax revenues in FY 97/98, transfers for capital projects had been reduced by $997,000. I failed to allow for this in presenting the variance of budgeted to actual expenditures. The variance should have been $2,160,280 instead of $1,163,280, as shown on the original Executive Summary. This correction results in a corrected General Fund available balance of $14,501,104. I apologize for this error and a corrected Executive Summary highlighting the changes is attached. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: APpropriation - Various Funds SUBJECT/PROPOSAL/REQUEST: Request approval of appropriations #97069, #98016, #98017, #98018, #98019, #98020, and #98034 totaling $15,822,786.43. STAFF CONTACT(S): Messrs. Tucker, Huff, Breeden, Ms. White AGENDA DATE: ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: DISCUSSION: A preliminary review of the County's major funds shows the following results from FY 97/98 operations. Also included below are actions which have been taken since July 1, 1998, and current requests being made at this time. General Fund Projected Fund Balance based on FY 97/98 Budget $13,482,382 Actual RevenUes to Budget Variance 409 690 Actions approved for FY 98/99 Budgeted Fund Balance $ 69,916 Current Requests: Reappropdations (Attachment #1 / App. #98016 and #98017) Request for Carry-Over funds (Attachment #2/App. #98018) $ 463,314- 354,130- Less Sales Tax Accrual Schools Projected Fund Balance based on FY 97/98 Budget Actual Revenues to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Actions approved for FY 98/99: Budgeted Fund Balance Remaining Fund Balance Less Sales Tax Accrual Available Fund Balance 663,888- $ 1,202,200 63,389- 1,058,150 + $ 2,196,961 1,035,512- 1,161,449 535,097- $ 626,352 Capital Improvements - General Projected Fund Balance based on FY 97/98 Budget Actual Revenues to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Actions approved for FY 98/99: Budgeted Fund Balance Remaining Fund Balance Current Request: Reappropriation for on-going projects (Attachment #3/App. #98019) Less off-setting revenues Remaining Fund Balance $ 193,266 11,841 + 3,987,660 + $ 4,192,767 $ 365,000 - $ 3,827,767 $ 3,996,O97 - 168,444 + $ 114 Capital Improvements - School Projected Fund Balance based on FY 97/98 Budget Actual Revenue to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Actions approved for FY 98/99: Budgeted Fund Balance Remaining Fund Balance Current Request: Reappropriation for on-going projects (Attachment #3 / App. #98020) Less off-setting revenues Remaining Fund Balance $ 674,402 141,846 - 10,084,400 + $ 10,900,648 $ 100,000 - $ 10,800,648 $ 10,084,400- 211,069 + $ 927,317 Capital Improvements - Storm Water Projected Fund Balance based on FY 97~98 Budget Actual Revenue to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Current Request: Reappropdation for on-going projects (Attachment #3 / App. #98034) Remaining Fund Balance $ 0 3,141 + 924,844 + $ 927,985 $ 924,843 - $ 3,142 General Fund - Overexpenditures Over-expenditures for FY 97/98 were incurred for the following (Appropriation #97069): Board of Elections Wages $ 340 Circuit Court Part-time Wages 200 Sheriff OT - Reimbursable (4) 30,270 Sheriff- Scottsville Wages (2) 2,800 Fire/Rescue OT Wages - Firefighters 4,700 Contributions - Fire/Rescue Rebates to Volunteers 4,400 Soild & Water Copy Supplies 450 Total $ 43,160 (4) Revenues exceeded projections by $48,773 (2) Reimbursable from Town of Scottsville RECOMMENDATION: Staff recommends the Board of Supervisors approval of the appropriations detailed on the attached appropriation forms #97069, #98016, #98017, #98018, #98019, #98020, and #98034 totaling $15,822,786.43. Attachment #1 Reappropriations for outstanding purchase orders as of June 30, 1998 Various Departments (Appropriation #98016): $ 296,678.49 Reappropriations for activities funded in FY 97/98 but uncompleted at year-end have been requested by the following Departments (Appropriation #98017): County Executive Furniture for fiscal impact office $ 4,526 Community Resources Neighborhood teams 4,000 Finance Renovations Printers-Collections Software-Transient Occupancy Tax Binding of Records $30,000 20,900 1,950 1,925 54,775 Clerk of the Court Machinery & Equipment 24,720 Engineering Road and soil erosion work related to performance bonds 15,920 Planning Wages - Graphic Aid Wages - Work Study Plan GIS Pilot Project Consultants - Fiscal Impact Printing - Comp. Plan Filing System $ 1,930 8,305 25,000 3,000 5,000 15,800 59,035 Planning / E911 Wages for addressing intern 3,660 Total $166,636 Grand Total $ 463,314 Attachment #2 The following requests have been received for use of carryover funds. Primarily these are items not funded in the FY 98/99 budget or items now know to require more funding than originally requested. (Appropriation #98018): Board of Supervisors VML membership dues Indexing system for minutes 6,300 15,000 $ 21,300 Dept. Balance $ 11,035 County Executive Training 1,500 34,366 General District Court Books, subscriptions, office equipment 2,500 4,730 Police Firearms Software-regional server/jail connection Grant Match 18,000 3,600 38,400 $ 6O,OOO 87,582 Sheriff Radios - Game Warden Assistance 2,000 (30,265)(~) Engineering Wages - OFF - Water Protection Ordinance Wages - P/T - Stormwater CIP Design Standards Manual Training Route 250 Median Strip Maintenance 6,000 36,000 38,000 2,300 20,000 $102,300 132,950 Water Resources Staffing to work with RWSA 40,000 1,919 Solid Waste Bulky waste disposal program (Two collections and illegal dumpsites) 30,000 11,540 Staff Services HVAC Replacement Replacement furniture for conference room 25,000 8,800 $ 33,800 68,564 Virginia Public Assistance File system 2,500 80,544 Planning Development Area Study Postal Service Training - Work Program Equipment Shelving Units Furniture Replacement Wages - Addressing Intern 5,000 3,000 5,500 lO0 40O 6,000 13,890 $ 33,89O 207,143 Housing PFF Wages - Clerical Training Section 8 Software Office Equipment 11,840 8,500 4,O0O 24,340 52,323 Total (4) Due to reimbursable overtime. $354,130 Attachment #3 Capital Improvements General (Appropriation #98019) All balances are carried forward to FY 98~99 as budgeted except for the reallocation of $88,144 from ADA funds and $5,000 from facility maintenance to Old Crozet School roof repairs; the $44,439 refund from the Library is included to fund ADP equipment for the library; also, $30,00 for the Police firing range. $ 3,996,097.39 School (Appropriation #98020) All balances are carried forward for existing projects. $10,084,400.79 Storm Water (Appropriation #98034) All balances are carried forward for existing projects. $ 924,843.43 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY A. GENDA.TITLE: Appropriation - Various Funds SUBJECT/PROPOSAL/REQUEST: Request approval of appropriations #97069, #98016, #98017, #98018, #98019, #98020, and #98034 totaling $15,822,786.43. STAFF CONTACT{S): Messrs. Tucker, Huff, Breeden, Ms. White AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: DISCUSSION: ITEM NUMBER: INFORMATION: INFORMATION: A preliminary review of the County's major funds shows the following results from FY 97/98 operations. Also included below are actions which have been taken since July 1, 1998, and current requests being made at this time. General Fund Projected Fund Balance based on FY 97/98 Budget Actual Revenues to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 $13,482,382 409,690 + 1,16.3,280 + $15,055,352 Actions approved for FY 98/99 Budgeted Fund Balance Remaining Fund Balance $ .69,916 - $14,985,436 Current Requests: Reappropriations (Attachment #1 / App. #98016 and #98017) Request for Carry-Over funds (Attachment #2/App. #98018) $ 463,314 - 354,130 - Remaining Fund Balance Less Sales Tax Accrual Available Fund Balance 14,167,992 663,888 $13,504,104 Schools Projected Fund Balance based on FY 97/98 Budget Actual Revenues to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 $ 1,202,200 63,389 - 1,058,150 + $ 2,196,961 Actions approved for FY 98/99: Budgeted Fund Balance $ 1,035,512 - Remaining Fund Balance Less Sales Tax Accrual Available Fund Balance .$. 1,161,449 535,O97 $ 626,352 Capital Improvements ~ General Projected Fund Balance based on FY 97/98 Budget Actual Revenues to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance (~ 06/30/98 Actions approved for FY 98/99: Budgeted Fund Balance Remaining Fund Balance Current Request: Reappropriation for on-going projects (Attachment #3/App. #98019) Less off-setting revenues Remaining Fund Balance $ 193,266 11,841 + 3,987,660 + $ 4,192,767 365,000 - 3,827,767 $ 3,996,097 - 168,444 + $ 114 Capital Improvements - School Projected Fund Balance based on FY 97/98 Budget Actual Revenue to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Actions approved for FY 98/99: Budgeted Fund Balance Remaining Fund Balance Current Request: Reappropdation for on-going projects (Attachment #3 / App. #98020) Less off-setting revenues Remaining Fund Balance $ 674,402 141,846 - 10,084,400 + $ 10,900,648 $ 100,000 - $ 10,800,648 $ 10,084,400 - . 211,069 + $ 927,317 Capital Improvements,- Storm Water Projected Fund Balance based on FY 97/98 Budget Actual Revenue to Budget Variance Actual Expenditures to Budget Variance Preliminary Fund Balance @ 06/30/98 Current Request: Reappropdation for on-going projects (Attachment #3 / App. #98034) Remaining Fund Balance $ 0 3,141 + 924,844 + $ 927,985 $... 924,843- $ 3,142 General Fund - Overexpenditures Over-expenditures for FY 97/98 were incurred for the following (Appropriation #97069): Board of Elections Wages $ 340 Circuit Court Part-time Wages 200 Sheriff OT - Reimbursable (~) 30,270 Sheriff- Scottsville Wages (2) 2,800 Fire/Rescue OT Wages - Firefighters 4,700 Contributions - Fire/Rescue Rebates to Volunteers 4,400 So/Id & Water Copy Supplies 450 Total $ . 43,160 Revenues exceeded projections by $48,773 Reimbursable from Town of Scottsville RECOMMENDATION: Staff recommends the Board of Supervisors approval of the appropriations detailed on the attached appropriation forms #97069, #98016, #98017, #98018, #980'19, #98020, and #98034 totaling $15,822,786.43. 98.207 Attachment #1 Reappropriations for outstanding purchase orders as of June 30, 1998 Various Departments (Appropriation #98016): $ 296,678.49 Reappropriations for activities funded in FY 97/98 but uncompleted at year-end have been requested by the following Departments (Appropriation #98017): County Executive Furniture for fiscal impact office $ 4,526 Community Resources Neighborhood teams 4,000 Finance Renovations Printers-Collections Software-Transient Occupancy Tax Binding of Records $30,000 20,900 1,950 1,925 54,775 Clerk of the Court Machinery & Equipment 24,720 Engineering Road and soilerosion work relatedto pedormance bonds 15,920 Planning Wages - Graphic Aid Wages o Work Study Plan GIS Pilot Project Consultants - Fiscal Impact Printing - Comp. Plan Filing System $ 1,930 8,305 25,000 3,000 5,000 15,800 59,035 Planning / E911 Wages for addressing intern 3,660 Total $166,636 Grand Total $ 463,314 Attachment #2 The following requests have been received for use of carryover funds. Primarily these are items not funded in the FY 98~99 budget or items now known to require more funding than originally requested. (Appropriation #98018): Board of Supervisors VML membership dues Indexing system for minutes Dept. Balance 6,300 15,000 $ 21,300 $ 11,035 County Executive Training 1,500 34,366 General District Court Books, subscriptions, office equipment 2,500 4,730 Police Shedff Firearms Software-regional server/jail connection Grant Match Radios - Game Warden Assistance 18,000 3,600 38,400 $ 60,000 2,000 87,582 (30,265)¢) Engineedng Wages - O/T - Water Protection Ordinance Wages - PIT- Stormwater ClP Design Standards Manual Training Route 250 Median Strip Maintenance 6,000 36,000 38,000 2,300 2O,00O $102,300 132,950 Water Resources Staffing to work with RWSA 40,000 1,919 Solid Waste Bulky waste disposal program (Two collections and illegal dumpsites) 30,000 11,540 Staff Services HVAC Replacement Replacement fumiture for conference room 25,000 8,800 33,800 68,564 Social Services File system 2,500 80,544 Planning Development Area Study Postal Service Training - Work Program Equipment Shelving Units Furniture Replacement Wages - Addressing Intern 5,000 3,000 5,500 100 400 6,000 13,890 $ 33,89O 207,143 Housing P/T Wages - Clerical Training Section 8 Software Office Equipment 11,840 8,500 4,000 24,340 52,323 Total Due to reimbursable overtime. $354,130 Attachment #3 Capital Improvements General (Appropriation f~8019) All balances are carried forward to FY 98/99 as budgeted except for the reallocation of $88,144 from ADA funds and $5,000 from facility maintenance to Old Crozet School roof repairs; the $44,439 refund from the Library is included to fund ADP equipment for the library; also, $30,00 for the Police firing range. $ 3,996,097.39 School (Appropriation #98020) All balances are carried forward for existing projects. $10,084,400.79 Storm Water (Appropriation #98034) All balances are carried forward for existing projects. $ 924,843.43 FISCAL YEAR: APPROPRIATION REQUEST 97~98 NUMBER 80ARD OF SUPERVISORS ¢7069 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: OVEREXPENDITURES FOR FY 97/98. EXPENDITURE COST CTPJCATEGORY DESCRIPTION AMOUNT 1 1000 13020 110000 BD. OF ELECTIONS WAGES 1 1000 21010 130000 CIRCUIT COURT PfTWAGES 1 1000 31020 129900 SHERIFF OfT REIMBURS. 1 1000 31021 110000 SHERIFF-SCOTTSVILLE WAGES 1 1000 32013 110000 FIRE/RESCUE WAGES 1 1000 39000 561405 CONTRIBUTIONS FIRE/RESCUE 1 1000 82030 601700 SOIL &WATER COPY SUPPLIES $340.00 200.00 30,270.00 2,800.00 4,700.00 4,400.0O 450.00 TOTAL $43,160.00 EVENUE CODE DESCRIPTION AMOUNT 2 1000 51000 510100 GENERAL FUND BALANCE $10,090.00 2 1000 16000 160304 SHERIFF-SERVICE FEES 33,070.00 TOTAL $43,160.00 TRANSFERS REQUESTING COST CENTER: FINANCE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR: 97/98 NUMBER 98016 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: REAPPROPRIATION FOR OUTSTANDING PURCHASE ORDERS. EXPENDITURE COST CTR/CATEGORY DESCRIPTION 1000 11010 800201 BOARD OF SUPV 1000 11010 800610 BOARD OF SUPV 1000 12040 ~00700 COUNTY ATTORNEY 1000 12144 800901 FINANCE-REAL EST. 1000 12200 540301 INFOMATIONS SERV. 1000 12200 601600 INFOMATIONS SERV. 1000 12200 800200 INFOMATIONS SERV. 1000 12200 800700 INFOMATIONS SERV. 1000 12200 800710 INFOMATIONS SERV. 1000 13020 800100 ELECTIONS 1000 22010 800101 CIRCUIT COURT 1000 31~)13 601101 POLICE 1000 31013 601102 POLICE 1000 31013 800100 POLICE 1000 31013 800101 POLICE 1000 31013 800200 POLICE 1000 32015 600900 FIRE/RESCUE 1000 32015 601100 FIRE/RESCUE 1000 41000 312700 ENGINEERING 1000 41000 800501 ENGINEERING 1000 41000 800700 ENGINEERING 1000 41021 332300 STREET SIGNS 1000 42040 390001 SOLID WASTE 1000 42040 390010 SOLID WASTE 1000 42040 510430 SOLID WASTE 1000 43002 331200 STAFF SERVICES 1000 43002 332100 STAFF SERVICES 1000 43002 332200 STAFF SERVICES 1000 43003 332200 STAFF SERVICES 1000 43003 600500 STAFF SERVICES 1000 53011 800700 VPA-rvlANAGEMENT 1000 53012 301212 VPA-BENEFITS 1000 53013 800700 VPA-SERVICES 1000 71012 390002 PARKS-MAINT. 1000 71012 540000 PARKS-MAINT. 1000 71015 540000 PARKS 1000 71031 312210 GYPSY MOTH 1000 81010 312342 PLANNING 1000 81010 312700 PLANNING 1000 81040 80070(~ZONING 1000 81040 800901 ZONING AMOUNT FURN. & FIXT. $1,037.10 P, ENOVATIONS 1,424.00 ADP EQUIPMENT 279.00 RENOVATIONS 6,245.00 LEASE/SOFTVVARE 3,083.00 D/P SUPPLIES 1,790.50 FURN. & FIXT. 1,257.12 ADP EQUIPMENT 8,214.00 SOFTVVARE 599.00 MAC. & EQUIP. 15,595.00 MAC. & EQUIP. 928.90 UNIFORMS 2,550.69 UNIFORMS 941.01 MAC. & EQUIP. 1,327.20 MAC. & EQUIP. 397.80 FURN. & FIXT. 698.00 VEHICLE SUP. 1,706.63 UNIFORMS 687.36 CONSULTANTS 2,001.81 VEHICLE PURC 18,052.00 ADP EQUIPMENT 822.37 SIGNS 8,642.70 KEENE LANDFILL 16,476.43 RECYCLING 34,801.37 TIPPING FEES 9,935.39 EQUIPMENT 6,342.58 MAINT. CONTR. 2,600.00 MAINT. CONTR. 3,362.96 MAINT. CONTR. 260.01 SUPPLIES 555.45 ADP EQUIPMENT 4,228.00 FD. STAMP ISSUE 17,762.51 ADP EQUIPMENT 1,650.00 CONT. SERVICES 270.75 LEASE/RENT 513.00 LEASE/RENT 510.00 CONTR. SERV. 6,555.00 DEV'L STUDY 101,766.01 CONSULTANTS 7,919.84 ADP EQUIPMENT 484.00 RENOVATIONS 2,605.00 TOTAL $296,678.49 REVENUE DESCRIPTION AMOUNT 2 1000 51000 510100 GENERAL FUND BALANCE $296,678.49 TOTAL $296,678.49 TRANSFERS REQUESTING COST CENTER: FINANCE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS DATE APPROPRIATION REQUEST FISCAL YEAR: 97~98 NUMBER 98017 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: REAPPROPRIATION F. OR PROJECTS FUND IN FY 97~98 BUT NOT COMPLETED. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT 1 1000 12010 800100 COUNTY EXEC. FURNITURE $4,526.00 1 1000 12013 560416 COMMUNITY SERV NEIGH. TEAMS 4,000.00 1 1000 12141 800700 FINANCE-ADM ADP EQUIP. 20,900.00 1 1000 12142 350200 FINANCE-ASSESMENTS BINDING OF REC. 1~925.00 1 1000 12142 800710 FINANCE-ASSESMENTS SOFTWARE 1,950.00 1 1000 12142 800901 FINANCE-ASSESMENTS RENOVATIONS 5,000.00 1 1000 12143 800901 FINANCE-ACCT RENOVATIONS 7 500.00 1. 1000 12144 800901 FINANCE-R/E RENOVATIONS 17,500.00 I 1000 21060 800101 CLERK OF COURT MACH/EQUIP 24,720.00 1 1000 41000 950023 ENGINEERING AUTOMART 15,920.00 1 1000 81010 130000 PLANNING PfTWAGES 1,930.00 1 1000 81010 160801 PLANNING WORK STUDY PLAN 8,305.00 1 1000 81010 301210 PLANNING CONTR. SERVICES 25 000.00 I 1000 81010 312700 PLANNING CONSULTANTS 3,000.00 1 1000 81010 350000 PLANNING PRINTING 5,000.00 1 1000 81010 800100 PLANNING MAC. & EQUIP. 15 800.00 1 1000 81017 130000 E-911/PLANNING P/TWAGES 3,660.00 TOTAL $166,636.00 REVENUE CODE DESCRIPTION AMOUNT 2 1000 51000 510100 GENERAL FUND BALANCE $166,636.00 TOTAL $166,636.00 TRANSFERS REQUESTIN~ COST CENTER: FINANCE APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR: 97~98 NUMBER 98018 TYPE OFAPPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED? YES NO X FUND: GENERAL PURPOSE OF APPROPRIATION: FY 98/99 NEW REQUEST FOR FUNDING FROM FY 97/98 CARRYOVER BALANCE. EXPENDITURE COST CTR/CATEGORY DESCRIPTION AMOUNT I 1000 11010 580100 BD. OF SUPV. VML DUES $6,300.00 1 1000 11010 800700 BD OF SUPV. INDEXING SYSTEM 15,000.00 1 1000 12010 550400 CO. EXEC. ICMATRAINGING 1,500.00 1 1000 21020 580100 GENERAL DIST. COURT DUES 1,000.00 I 1000 21020 600100 GENERAL DIST. COURT OFFICE SUPPLIES 1,000.00 1 1000 21020 601200 GENERAL DIST. COURT BOOKS/SUBS 500.00 1 1000 31012 930210 POLICE GRANT MATCHING 38,400.00 1 1000 31013 800100 POLICE MACH/EQUIP 18,000.00 1 1000 31013 800710 POLICE SOFTWARE 3,600.00 1 1000 31020 800300 SHERIFF RADIOS 2,000.00 1 1000 41000 120000 ENGINEERING O/TWAGES 6,000.00 1 1000 41000 130000 ENGINEERING P/TWAGES 36,000.00 1 1000 41000 301211 ENGINEERING MEDIAN MAINT. 20,000.00 1 1000 41000 312700 ENGINEERING CONSULTANTS 38,000.00 1 1000 41000 550400 ENGINEERING EDUCATION 2,300.00 1 1000 41030 390000 WATER RESOURCES WATER MGR 40,000.00 1 1000 42040 510430 SOLIDWASTE TIPPING FEES 30,000.00 1 1000 43002 312700 STAFF SERVICES CONSULTANTS 25,000.00 1 1000 43002 800201 STAFF SERVICES FURN/FIXTURES 8,800.00 1 1000 53013 800200 VPA FURN/FIXTURES 2,500.00 1 1000 81010 312342 PLANNING DEV'L AREA STUDY 5,000.00 1 1000 81010 520100 PLANNING POSTAL SERVICES 3,000.00 1 1000 81010 550400 PLANNING EDUCATION 5,500.00 1 1000 81010 800100 PLANNING MAC/EQUIP 100.00 1 1000 81010 800200 PLANNING FURN/FIXTURES 400.00 1 1000 81010 800201 PLANNING FURN/FIXTURES 6,000.00 1 1000 81017 130000 PLANNING P/TWAGES 12,900.00 1 1000 81017 210000 PLANNING FICA 990.00 1 1000 81030 130000 HOUSING P/TWAGES 11,000.00 1 1000 81030 210000 HOUSING FICA 840.00 1 1000 81030 550402 HOUSING TRAINING 8,500.00 1 1000 81030 800200 HOUSING FURN/FIXTURES 4,000.00 TOTAL $354,130.00 REVENUE CODE DESCRIPTION AMOUNT 2 1000 51000 510100 GENERAL FUND BALANCE $354,130.00 TOTAL $354,130.00 REQUESTING COST CENTER: FINANCE APPROVALS: DIRECTOR OFFINANCE BOARD OFSUPERVISORS SIGNATURE DATE APPROPRIATION REQUEST YEAR: 97/98 NUMBER 98019 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GENERAL CIP PURPOSE OF APPROPRIATION: REAPPROPRIATION ON UNCOMPLETED CAPITAL PROJECTS. EXPENDITURE COST CTR/CATEGORY 1 9010 12140 950004 I 9010 12200 800700 I 9010 21000 312343 1 9010 21000 950058 1 9010 21050 331000 I 9010 31010 800300 I 9010 31010 800910 1 9010 31010 950005 1 9010 31040 800650 1 9010 32010 800510 I 9010 32010 800523 I 9010 32010 950092 1 9010 33203 312350 1 9010 41000 800960 1 9010 41000 800961 I 9010 41000 800962 I 9010 41000 800963 I 9010 41000 800964 1 9010 41000 950011 1 9010 41000 950035 1 9010 41000 950039 1 9010 41000 950049 1 9010 41000 950057 1 9010 41000 950059 I 9010 41000 950090 I 9010 41000 950091 I 9010 41020 950024 1 9010 41020 9500~1 1 9010 41020 950081 1 9010 43100 800666 I 9010 43100 800901 1 9010 71000 800665 DESCRIPTION ********************************* DIRECTOR OF FINANCE INFORMATION SERVICES COURT FACILITIES COURT FACILITIES JUVENILE COURT POLICE DEPARTMENT POLICE DEPARTMENT POLICE DEPARTMENT EOC-OPERATIONS FIRE DEPARTMENT FIRE DEPARTMENT FIRE DEPARTMENT JUVENILE DETENTION ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING STREET IMPROV. STREET IMPROV. STREET IMPROV. COUNTY OFFICE BLDG. COUNTY OFFICE BLDG. PARKS & RECREATION AMOUNT ASSESSMENT SYSTEM ADP EQUIPMENT SPACE NEEDS STUDY MONUMENT CLEANING REPAIRS & MAINTENANCE COMMUNICATION EQUIPMENT FIRING RANGE SATELLITE RECEIVERS BUILDINGS-CONSTRUCTION SERVICE VEHICLES-N EW FIRE PUMPER-REPLACEMENT FIRE HOUSE/AERIAL FIRE ENGINEERING/PLANNING STREET LIGHTS $124 193.21 18 555.02 55 000.00 12 000.00 25 000.00 108 000.00 30 000.00 21 526.05 662,786.90 3 496.00 250 000.00 261 139.46 174 662.94 40 000.00 ST. LTS. HYDRAULIC/COMMONWEALT ST. LTS. HYDRAULIC/GEORGETOWN ST LTS-WHITEVVOOD/G EORGTOWN ST LTS-G.TOWN/COMMONWEALTH HYDRAULIC ROAD SIDEWALK NORTH BERKSHIRE ROAD MEADOWCREEK PARKWAY ENG OLD CROZET SCHOOL GREENBRIER DRIVE SIDEWALK KEENE LANDFILL CLOSURE IVY ROAD BARRACKS RD SIDEWALK LANDSCAPING-29 NORTH AVON ST RT 20 CONNECTOR REVENUE SHARING ROADS FACILITY MAINT. BUILDING RENOVATIONS ADA STRUCTURAL CHANGES 16 000.00 16 000.00 12 000.00 16 000.00 62 849.3O 3 800.00 28 584.61 97536.95 10.000.00 155329.35 51 667.00 51 000.00 114,087.59 7,274.28 534,914.90 43,916.99 4,742.44 163,165.14 1 9010 71000 800668 I 9010 71000 800949 1 9010 71000 '950003 1 9010 71000 950009 1 9010 71000 950026 I 9010 71000 950028 I 9010 71000 950033 1 9010 71000 950034 1 9010 71000 950044 1 9010 71000 950045 1 9010 71000 950047 I 9010 71000 950050 1 9010 73020 800700 1 9010 73020 800700 1 9010 73020 800949 1 9010 73020 950076 1 9010 81010 950002 1 9010 81010 950053 ..PLANNING. PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION PARKS & RECREATION LIBRARIES LIBRARIES LIBRARIES LIBRARIES PLANNING ADA CHANGES-SCHOOLS MAINTENANCE PROJECTS CROZET PARK IMPROVEMENTS SCOTTSV COMMUNITY CENTER RIVANNA GREENWAY RED HILL RECREATION IMP WALNUT CREEK REC PROJECTS TOWE PARK REC PROJECTS ATH. FIELD STUDY/DEVEL. DIXIE LEAGUE FIELD BEAVER CREEK PARK SOUTHERN PARK DEVELOPMENT ADP EQUIPMENT ADP EQUIPMENT MAINTENANCE PROJECTS NORTH BRANCH LIBRARY OLD BROOK RD SIDEWALK NEIGHBORHOOD PLAN 4,074.00 15,725.97 29,516.49 3,059.21 100,000.00 11,840.57 40,000.00 143,144.00 32,266.00 73,734.00 765.40 46,000.00 170 000.00 44 438.00 63 908.39 4 223.10 1 011.35 37162.78. REVENUE CODE 2 9010 15000 150101 2 9010 16000 160529 2 9010 18000 189916 2 9010 24000 240231 2 9010 24000 240430 2 9010 51000 510100 DESCRIPTION USE OF MONEY & PROP. CHARGES FOR SERVICES MISCELLANEOUS REVEN CATEGORICAL AID-STATE CATEGORICAL AID-STATE TRANSFERS TOTAL $3,996,097.39 AMOUNT INTERESTINTERESTINTEREST CITY-JUVENILE DETENTION CHAMBER OF COM./29 NORTH VA. DEPT.OF TRANSPORTATION VDOT-250E LANDSCAPING APPROPRIATION-FUND BAL $ 66 000.00 2 592.50 12 000.00 109 618.12 44 234.00 3,761 652.77 TOTAL $ 3,996,097.39 TRANSFERS UESTING COST CENTER: FINANCE OF FINANCE OARD OF SUPERVISOR SIGNATURE - DATE APPROPRIATION REQUEST FISCAL YEAR: 97/98 NUMBER TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW ADVERTISEMENT REQUIRED ? YES NO FUND: SCHOOL CIP PURPOSE OF APPROPRIATION: REAPPROPRIATION ON UNCOMPLETED CAPITAL PROJECTS. EXPENDITURE COST CTPJCATEGORY DESCRIPTION 1 60100 9000 800665 1 60100 9000 800679 I 60100'9000 800681 950042 1 60100 900Q 950051 1 60100 9000 950087 I 60203 9000 312350 I 60203 9000 800200 1 60203 9000 999999 I 60204 9000 800673 1 60210 9000 312350 1 60210 9000 800605 1 60210 9000 800901 1 60210 9000 800949 1 60211 9000 312350 1 60211 9000 800901 1 60211 9000 800987 1 60212 9000 312350 1 60212 9000 312375 1 60212 9000 999999 1 60213 9000 800901 1 60214 9000 312375 1 60214 9000 800605 1 60214 9000 800901 I 60215 9000 800952 60252 9000 312350 I 60252 9000 800605 60254 9000 8009G1 60255 9000 800200 60301 9000 312350 60301 9000 312375 60301 9000 800605 SCHOOL BOARD SCHOOL BOARD SCHOOL BOARD SCHOOL BOARD SCHOOL BOARD SCHOOL BOARD CROZET ELEM CROZET ELEM CROZET ELEM GREER ELEM STONE ROBINSON ELEM STONE ROBINSON ELEM STONE ROBINSON ELEM STONE ROBINSON ELEM STONY POINT ELEM STONY POINT ELEM STONY POINT ELEM WOODBROOK ELEM WOODBROOK ELEM WOODBROOK ELEM YANCEY ELEM CALE ELEM SCHOOL CALl= ELEM SCHOOL CALE ELEM SCHOOL AGNOR-HURT ELEM HENLEY WALTON SUTHERLAND ALBEMARLE HIGH ALBEMARLE HIGH ALBEMARLE HIGH ADA STRUCTURAL CHANGES TECHNOLGY LABS TECHNOLOGY LABS-HIGH SCH. UNDERGROUND STORAGE TANK AVON ST RT 2'0 CONNECTOR ENERGY MANAGEMENT ENGINEERING/PLANNING FURNITURE & FIXTURES CONTINGENCY FUNDS HVAC IMPROVEMENTS ENGINEERING/PLANNING CONSTRUCTION BUILDING RENOVATIONS MAINTENANCE PROJECTS ENGINEERING/PLANNING BUILDING RENOVATIONS PARKING/PLAYGROUND ENGINEERING/PLANNING CONCRETE/STEEL TESTING CONTINGENCY FUNDS BUILDING RENOVATIONS CONCRETE/STEEL TESTING CONSTRUCTION BUILDING RENOVATIONS GUARDRAILS ENGINEERING/PLANNING CONSTRUCTION BUILDING RENOVATIONS FURNITURE & FIXTURES ENGINEERING/PLANNING CONCRETE/STEEL TESTING CONSTRUCTION X X 98020 AMOUNT $362 728.35 21 589.96 107 416.02 I 467.45 297 555.39 1 225.52 11 234.64 7 431.01 16 601.45 19 317.27 45 831.92 1 112.50 11 989.67 3,076.00 1,161.98 134,847.36 159,138.80 650.42 68.14 10,475.73 2,516.48 606.30 531.70 505.30 367.00 51,169.67 1,179,835.33 67,008.57 4,328.94 839.27 500.00 60,574.74 1 60301 9000 800901 ALBEMARLE HIGH BUILDING RENOVATIONS 15,548.40 1 60301 9000 800903 ALBEMARLE HIGH ASBESTOS REMOVAL 1,300.85 I 60302 9000 800200 ALBEMARLE HIGH FURNITURE & FIXTURES 28,822.69 I 60303 9000 800901 MURRAY BUILDING RENOVATIONS 29,757.85 1 60304 9000 312350 MONTICELLO HIGH ENGINEERING/PLANNING 7,361.22 I 60304 9000 312375 MONTICELLO HIGH CONCRETE/STEEL TESTING 9,499.38 1 60304 9000 580000 MONTICELLO HIGH MISCELLANEOUS EXPENSES 15,819.66 1 60304 9000 800120 MONTICELLO HIGH EQUIPMENT/MATERIALS 424,196.94 1 60304 9000 800200 MONTICELLO HIGH FURNITURE & FIXTURES 1,993,504.85 1 60304 9000 800605 MONTICELLO HIGH CONSTRUCTION 3,011,024.86 1 60304 9000 800670 MONTICELLO HIGH UTILITIES-CONTRUCTION 19,985.74 1 60304 9000 800700 MONTICELLO HIGH ADP EQUIPMENT 210,277.23 1 60304 9000 800965 MONTICELLO HIGH TRAFFIC LIGHT 73,000.00 1 60410 9000 800605 C.A.T.E.C CONSTRUCTION 1,423.25 I 60410 9000 800665 C.A.T.E.C ADA STRUCTURAL CHANGES 14,000.00 1 60510 9000 800901 VEHICLE MAINTENANCE BUILDING RENOVATIONS 273,949.95 1 60510 9000 950042 VEHICLE MAINTENANCE UNDERGROUND STORAGE TANK 180,000.00 1- 61101 9000 800700 CLASS/INSTRUC ADP EQUIPMENT 439,781.66 I 61101 9000 800707 CLASS/INSTRUC TECHNOLGYGRANT EQUIPMENT 211,068.95 62190 9000 .800700- ADM.-TECHNOLOGICAL ADP EQUIPMENT 7,255.74 62420 9000 800663 FACILITY MAINT CARPET REPLACEMENT 436.02 62420 9000 800672 FACILITY MAINT CHILLERS 24,714.50 62420 9000 800685 FACILITY MAINT VDOT-LAMBS ROAD PROJECT 2,032.07 62420 900,0 800949 FACILITY MAINT MAINTENANCE PROJECTS 505,936.10 TOTAL $10,084,400.79 REVENUE CODE DESCRIPTION AMOUNT 24000 9000 240265 CATEGORICAL AID-STAT EDUCATION TECH. GRANT $211,068:95 51000 9000 510100 TRANSFERS APPROPRIATION-FUND BAL 9,873,331.84 TOTAL $10,084,400.79 TRANSFERS UESTING COST CENTER: AiPROVALS: B~ARD OF SUPERVISOR FINANCE SIGNATURE DATE APPROPRIATION REQUEST FISCAL YEAR: 98/99 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? NUMBER 98034 ADDITIONAL TRANSFER NEW YES NO X FUND: STORM WATER PURPOSE OF APPROPRIATION: REAPPROPRIATION OF STORM WATER PROJECTS. EXPENDITURE CODE DESCRIPTION AMOUNT 1 9100 41000 800975 ENGINEERING STORM WATER.~,ONTROL IMP $130,448.46 1 9100 41000 950093 ENGINEERING DRAINAGE STUDY/PLAN 291,606.70 1 9100 41035 312400 FOUR SEASONS BASIN PROF. SER. ENGINEERING 12,164.54 1 9100 41035 800975 FOUR SEASONS BASIN STORMWATER CONTROL IMP 75,053.70 1 9100 41036 312400 BIRNAM/VVYNRIDGE BASIN PROF. SER. ENGINEERING 15,641.45 1 9100 41036 360000 BIRNAMNVYNRIDGE BASIN ADVERTISING 300.00 1 9100 41036 800975 BIRNAMNVYNRIDGE BASIN STORM WATER CONTROL IMP 55,875.98 1 9100 41041 800975 LYNCHBURG RD STR SEWER STORM WATER CONTROL IMP 17,500.00 1 9100 41043 800975 FOUR SESONS CHANNEL STORMWATER CONTROL IMP 20,000.00 1 9100 41049 800975 WOODBROOKCHANNEL STORMWATER CONTROL IMP 28,035.00 1 9100 41050 800975 WINDHAM/JARMAN'S CH PH IISTORMWATER CONTROL IMP 82,075.60 1 9100 41053 800975 PEYTON DRIVE STORM WATER CONTROL IMP 156,447.00 I 9100 41054 800975 RICKY ROAD STORMWATER CONTROL IMP 39,895.00 TOTAL $924,843.43 REVENUE CODE DESCRIPTION AMOUNT 2 4100 51000 510100 FUND BALANCE $924,843.43 TOTAL $924,843.43 TRANSFERS REQUESTING COST CENTER: FINANCE APPROVAL~ DIRECTOR OFFINANCE BOARD OF SUPERVISORS SIGNATURE DATE COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Erosion and Sediment Control Fees SUBJECT/PROPOSAL/REQUEST: Proposal to set a public hearing to revise the Erosion and Sediment Control Fee Schedule of the Water Protection Ordinance, Sec. 17-209 STAFF CONTACT{S): Messrs. Tucker, Huff, Mawyer AGENDA DATE: October 7, 1998 ITEM NUMBER: ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: BACKGROUND: REVIEWED BY: ntents) / When the new Water Protection Ordinance (VVPO) was adopted in Februa~J of this year, the Engineering Department indicated a revised Erosion and Sediment Control Fee Schedule would be proposed to more accurately reflect the cost to the Department to administer the program in accordance with State inspection requirements. Virginia Erosion and Sediment Control Law requires biweekly inspection of all projects disturbing more than 10,000 sf of land area (agricultural activities including foresting are exempt) and all single family dwellings in a residential development. Past administrative practices of the Department included periodic site inspections on an "as needed' basis with an inspection fee charged only if a site was not in compliance with the approved erosion control plan. State inspection requirements are reflected in the WPO, requiring biweekly site inspections for all active sites. The WPO also requires submission of a fee for plan review and site inspection efforts at the time of application for an erosion control permit. Administration of the new fee collection process is more effective than sending inspection bills monthly. State Erosion Control laws allow a locality to recover costs incurred to administer an erosion control program. DISCUSSION: The Department expects to provide erosion control plan reviews and biweekly inspections for 70 new subdivision and commemial projects as well as 650 informal erosion control Agreements for new single family dwellings in FY 98/99. The operating cost for a staff of 2 plan reviewers and 3 inspectors is anticipated to be $218,500. Based on anticipated workload, the proposed erosion control fee schedule will generate annual fees of $110,000, or approximately 50% of actual cost. Fees totaling $9,500 were collected in FY 97/98. The proposed fee schedule is consistent with the fee schedules of comparable counties such as Spotsylvania, Stafford and Augusta. The State Division of Soil and Water Conservation has reviewed and supports the proposed fee schedule as fair and reasonable. The proposed fee schedule replaces the "one fee fits all" approach with a variable rate structure to address the quantity of land disturbed by a subdivision or commercial project, as well as the length of time a project will last and require staff time for inspections and bond adjustments. Representatives of the construction, design and development communities have been reasonably involved and generally support this revised fee schedule. An "Impact on Housing~ review of the proposed fees suggests the cost of a single family home in a residential neighborhood will increase $16 - $100 depending upon the density of the development, the cost of a single family home in a non-residential neighborhood will increase $25 and the cost of a small commercial project will increase $250. RECOMMENDATION: Set a public hearing for November 4, 1998 to consider a new Erosion and Sediment Control Fee Schedule as~iiproposed. 98.201 ORDINANCE NO. 98- BOARD OF SUPERVISORS AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA, THAT CHAPTER 17, WATER PROTECTION, IS HEREBY AMENDED AND REORDAINED BY AMENDING SECTION 17-209, FEES, AS FOLLOWS: Sec. 17-209 Fees. Each owner seeking approval of an erosion and sediment control plan or entering into an agreement in lieu of a plan shall pay a fee upon submittal of sUch plan, and shall pay a fee for eacho~w.., ........... ~.~.,. : ...... : .... v. .... r ....... reinspection, in amounts according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the "County of Albemarle.'' Land disturbing activity pertaining to single family dwelling unit: A~eement in lieu of a plan if single family dwelling unit located in a residential development: $10 Agreement in lieu of a plan if single family dwelling unit not located in a residential development: $25 3_. Plan for a single family dwelling unit: $100 4_. . Each reinspecti0n: $25 C:\WINDOWS~TEMI~kppIFees.doc Land disturbing activity pertaining to non-exempt agricultural land: Plan: Each reinspection: All other land disturbing activity: Plan: $100 $25 $250 + $100 per acre of disturbed area or portion thereof, not to exceed $2500 2~ Annual renewal of approved plan: $250 3_. Major amendment of plan: $120 4~ EaCh reinspection: $50 (§ 7-4, 6:18-75, § 6, 10,22,75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-1i- 9I, 3-18-92; § 19.3-17, 2-11-98; Code 1988, §§ 7-4, 19.3-17; Ord. 98-A(1), 8-5-98) State law reference--Va. Code § 10.1-562. I, Ella W, Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly ad,9,pted by the Board of Supervisors of Albemarle County, Virginia, by a vot,.~ 5 to 0 ' as recorded below, at a regular meeting held on Octobe r~7~r/~l q98 . Clerk, Board of County Supervisors Aye Nay Mr. Bowerman X Ms. Humphris ×// Mr. Marshall 7~X Mr. Martin Mr. Perkins Ms. Thomas (nOt present) C:\WINDOWS~TEMP~pplFees.doc TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. 8. Proposed Erosion & Sediment Controls Fees Current Erosion & Sediment Control Fees Chart, Erosion & Sediment Program Staffing v. Cost v. Fees Analysis of Cost Impact on Housing Erosion & Sediment Control Fees of Other Counties Mawyer letter dated April 8, 1998 Mawyer letter dated June 26, 1998 Division of Soil and Water Conservation letter Proposed Erosion and Sediment Control Fees (6/26/98) Sec. 17-209. Application Fees. Each owner seeking approval of an erosion and sediment control plan or entering into an agreement in lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each reinspection, in amounts according to the schedule set forth below. Each fec shall be in the form of cash or a check payable to the "County of Albemarle". II. III. Single Family Dwelling: a. Agreement for a Single Family Dwelling Unit Located in a Residential Development: b. Agreement for a Single Family Dwelling Unit Not Located in a Residential Development: c. Plan for a Single Family Dwelling Unit: d. Each reinspection: Plan for a non-exempt agricultural land disturbing activity: Each reinspection: Plan for all other land disturbing activity: a. $250 + $100/acre of disturbed area or portion thereof not to exceed $2500 b. Annual renewal fee: c. Each reinspection: d. Major amendment of plan: $10 $25 $100 $25 $100 $25 $250 $5O $120 File: mawycr\e&s'fees.doc ATTACttHElqT 1 ALBE~IARLE COUNTY CODE (8 7-5, 6-18-75, 8 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; 8 19.3-15, 2-11-98; Code 1988, §8 7-5, 19.3-15; Ord. 98-A(1), 8-5-98) State law reference-Va. Code § 10.1-565~ Sec. 17-208 Amendment of erosion and sediment control plan. The program authority may change an approved erosion and sediment control plan and require an owner to submit an amended plan in the following circumstances: I. An inspection conducted pursuant to section 17-212 reveals that the plan is inadequate to satisfy the requirements of this article; 2. The owner finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the program authority and the owner; or 3. The land disturbing activity did not begin during the one hundred eighty (I 80) day period following plan approval, or ceased for more than one hundred eighty (180) days, and the existing plan has been evaluated to determine whether it still satisfies the requirements of this article and state erosion and sediment control criteria and to verify that all design factors are still valid, and it has been determined that the plan is inadequate. In such a case, the land disturbing activity shall not be resumed until a modified plan is submitted and approved as provided in this article. (8 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-16, 2-11-98; Code 1988, 88 7-5, 19.3-16; Ord. 98-A(1), 8-5-98) State law reference-Va. Code § 10.1-563. Sec. 17-209 Fees. Each owner seeking approval of an erosion and sediment control plan or enterIng into an agreement' in lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each storm event inspection or reinspection, in amounts according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the "County of Albemarle." 1. Plan for residential land disturbing activity: $40. 2. Plan for agricultural land disturbing activity: $40. 3. Plan for all other land disturbing activity: $150. 4. Major amendment of plan: $100. 5. Each inspection: $45. (8 7-4, 6-18-75, 8 6, 10-22-75, 4-21-76, 11,10-76, 3-2-77, 4-17-85, 2-11-8;/, 12-I 1-91, 3-18-92; 8 19.3-17, 2-11-98; Code 1988, §8 7.-4, 19.3-17; Ord. 98-A(1), 8-5-98) State law reference'-Vn. Code § 10. !-562. Sec. 17-210 Review of certain program authority actions. Any person who is aggrieved by any action of the program authority because of its disapproval of an erosion and sediment control plan submitted pursuant to this article, or in the interpretation of the 17-15 COUNTY OF ALBEMARLE ENGINEERING & PUBLIC WORKS DEPARTMENT EROSION AND SEDIMENT CONTROL PROGRAM June 17, 19911 ' Staff Approxim~ite Year (*Fl'E) Operating Cost Fees Collected.,. FY 95-96 ~.~ 2.7 FTE $113,800 ." '~ "" i:'~-: .$'10~28 FY 96-97 2.7 FTE ' '$13~'600 :. $ 9,760','~ ', FY 9%98 "3'.6'FTE $'170,500 ? ";':' ::' ':$;9,500. .~. $218,500'... ii Bm * FTE = F~ Time pl6yee (less than wh°ie'numb~r due to partial ailoCation~of~ managers and support personnel) ." · .B~i~edon the fees m the n~'Water Prote~i~n Ordinance *** Ba~d'~fithe-Proposedfees ~. ? ATTACNHEI~ 3 County of Albemarle Engineering & Public Works Department Revised Erosion & Sediment Control Fee Schedule Analysis of Cost Impact on Housina Single Family Home in a Non-Residential Development Past $0 Total Cost Increase -- $25 per house Single Family Home in a R. esidenfial Development Proposed Past Proposed $0 $10 plus ... A. Small Subdivision, five acres disturbed, two year duration, 101~ts Ce Past Proposed Application Fee: $100 $I, 000 Cost Impact = $1,000 - $100 -- $900 / 10 lots = $90 per house Total Cost Increase = $10 + $90 = $100 per house Medium Subdivision, ten acres disturbed, three year duration, 50 lots Past Proposed, Application Fee: $100 $I, 750 Cost Impact = $1,750 - $100 = $1,050 / 50 lots = $33 per house Total Cost Increase = $I0 '+ $33 = $43 per house Large Subdivision, 100 acres disturbed, four year duration, 400 lots Past Application Fee: $1 O0 Proposed Cost Impact = ~;2,500 - $100 = $2,400 / 400 lots = $6 per house Total Cost Increase = $10 + $5 ~' $16 per house Commercial, one acre disturbed, one year duration Past Application Fee: $100 Total Cost Increase = $350 - $100 = $250 per project Proposed $350 ATTACNHENT 4 EROSION AND SEDIMENT CONTROL FEES OF OTHER COUNTIES Agreement for Single Family Dwelling Hah for all other land disturbing activity County Unit Albemarle $10 - Residential Development $250 + $100/acre of disturbed area, not to exceed $2,500 (Proposed) $25 Non-Residential Development Annual Renewal Fee - $250 Augusta $10 $250 forup to one acre of disturbance $350 for 1-5 acres $500 for 5-15 acres $700 for over 15 acres $100 for each sediment basin $50 for each stormwater conveyance channel $250 for each detention facility $1 O0 if impacting live water course $50 Resubmital Fee Fluvauna $50 Subdivision & Trailer Parks: - $300 + $10/lot over 5 lots - $1,000 max Commercial Industrial: - $250 + $50/acrc over 5 acres - $1,000 max Land Clearing/Seeding only: - $200 + $5/acre Greene $150 (6 mo. duration) Subdivisions & Trailer Parks: $250 (12 mo. duration) - $500 + 10/lot (6 mo. duration) - $750 + 15/lot (12 mo. duration) - $1,000 + 25/lot (18 mo. duration) Commercial/Industrial: - $500 + 50/dist acre (6 mo. duration) - $900 + 100/dist acre (12 mo. duration) - $1,200 + 150/dist acre (18 mo. duration) Sq~mber 1998 -1- ATTACNIq]~IT 5 Madison 0 $250 Nelson 0 $60 Orange $25 $200 + $80/acre up to $1,000 Spotsylvania $150 (6 mo. duration) Subdivisions & Trailer Parks: $250 (12 mo. duration) - $500 + 10/lot (6 mo. duration) - $750 + 15/lot (12 mo. duration) - $1,000 + 25/1ot (18 mo. duration) Commercial/Industrial: - $400 + 50/dist acre (6 mo. duration) - $800 + lO0/dist acre (12 mo. duration) - $1,200 + 150/dist acre (18 mo. duration) Stafford 0 $250 + $100/acre, not to exceed $2,500 Annual Renewal Fee -$250 File: mawyer~e&s fees comparisonl.doe -2- September 1998 AT']~A~ 5 09/~0/98 .13:35 FAX 804 78§ 1798 SOIL'& WATER CONS. 002 Secretary of Natural COMMONWEALTH o[ VIRGINIA DEPARTME~ OF CONSERVATION AND RECREATION 203 Governor Street, Suite 206 Richmond, Virginia 23219-2094 Phone (804) 786-2064 FAX: (804} 786-1798 TDD (804) 786-2121 September 9, 1998 David G. Brickley Director Mr. William I..Mawyer, Jr., P.E.' Director,of Engineering and Public WorkS. County of Albermarle 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Mawyex: Thank you for the opportunity to review the proposed revision of Albermarle County's Eros/on and Sediment Control Ordinance and fee structure. The Department of Conservation and (DCR) approves and commends 'your most recent proposed ordinance revision, fee structure, and hiring of additional staff'resoUrces. In addition, your continuous review and update of Albermarle County~s Erosion and Sediment : Control Program to ens,ure that staff resources, fee structures, and erosion and sediment control initiatives meet the locality's growing urbanization trends'is also c°mmendable. Your Continuous review of the ErosiOn and Sediment Control Program is absolut61y necessary to m .aintain consistency with' the COmmonwealth 'of Virginia's Erosion and Sediment Control Law and Regulations. ?,. Localities such as Albennarle provide a stable platform with which tO promote the successes of an Erosion and Sediment Control Program that truly protects the welfare ofits~ citizens and protects the locality's and the Commonwealth's natural land and water resources. · Thank you for your support and implementation ora sucCeSsful Erosion and Sediment Control :Program. Please feel fxee to contact myself or Laura Daniels with any 'questions or technical assistance,that we may be able to provide. Laura Daniels, DCR File" Sincerely, ~aCob A.' pOrter Erosion and Sediment Control Program Manager, DCR ,~n Agency of the Natural Resources Secretariat ATTACBME~T #8 June 26, 1998 COUNTY OF ALBEMARLE Department of Engineering & Public Works 401 Mclnlire Road, Room 211 Charlottesville, Virginia 22902-4596 (804} 296-5861 Re: Revised Erosion Control and Sediment Control Fees Dear Developer, Consultant, Contractor, Environmentalist or Concerned Citizen: I am writing to invite your comments on a revised Erosi°n and Sediment Control Fee Schedule. These fees will apply to all nonagricultural activities which disturb more than 10,000 SF of land area, and all single family dwellings in a residential development. A copy of the proposed fee schedule is enclosed, along with related historical and projeCted data addressing the cost to the County to administer the erosion control program, fee revenues and cost impacts to housing. Your comments are important to help ns prepare a fee schedule which is fair to everyone living or working in our County. I .invited many of you in the spring to a roundtable discussion cfa proposed fee schedule. Several persons from the development and constmctioncommunities attended tho meeting held on April 28, 1998 including Don France of The Kessler Group~ Don Wagner of Great Eastern Management Company, Mike Wade and. Bill Can'swell cfR. D. Wade Builders and Nat Perkins of Hunter E. Craig Development. Along with representati?s from the State Division of Soil ~d Water cOnservation, who are responsible for making sure we comply with the State ErOsion Control Law, we discussed many aspect~ of our erosion and sediment control program such as bthO requirement to inspect all active projec~b~iweeldy, including single family dwellings. Our past practice has eon to inspect projects on an "as needed basis and to charge inspection fees only if the site was not in compliance with the approved erOsion Control plan. Our current intent is to inspect active sites biweeidy and to collect inspection costs in the application fee. The proposed fee schedule considers the number of acres included in a land-disturbing activity as well as the length of time the project will be active and require inspections. If you have suggestions to improve this fee schedule, please write or call me by July 31,1998. I plan to ask the Board of Supervisors to hold a public hearing to consider these fee changes in August. Thank you in advance for your participation this process which will enhance our ability to protect the streams and lands of our County. Sincerely, William I, MaWYer, Jr., P.E. ~ DireCtor of Engineering & Public Works WIMJr/ss Attachments Copy: Jack Kelsey, Chief of Engineering Mark Homy, Erosion Control Administrator Rick Huff, Deputy County Executive File: mawycr\c&s fcc letter, doc FAX fRO4} 972 40"1g April 8, 1998 COUNTY OF ALBEMARLE Department of Engineering & Public Works 401 Mclntire Road, Room 211 Charlottesville, Virginia 22902-4596 (SO4) 2%-586~ Re: Meeting to Discuss Proposed Erosion Control Fees Dear Developer, Constdlant, Contractor, Environmentalist or Concerned Citizen: I am writing to invite you to participate in a roundtable discussion of the County's Erosion and Sediment Control program. Significant changes have occurred this year with the retirement of the County's first and only Erosion Control Officer, Mr. Robert Shaw, as well as the adoption of a new Erosion and Sediment Control Ordinance (Article II of the Comprehensive Water Resources Ordinance). The new ordinance has a more cost effective approach t~ the collection of erosion control plan review and sile inspection fees. Formerly, this office issued monthly bills to those owners which required site inspections that month. The new ordinance minimizes this administrative expenseby requiring payment for periodic site inspections at the time of application for an erosion control permit. New erosion control application fees are proposed to implement this dmnge in approach to fee collections, as well as to more accurately reflect the actual cost to the County of administering this program. The proposed fee schedule considers the number of acres included in a land-disturbing activity as well as the length of time the project will be active and require inspections. The number ofsite inspections is established by State regulation to ineludeinitial, bi-weekly, after each storm event, and final inspections. The proposed erosion control fee schedule is attached for your review. The roundtable meeting to discuss the fees and other progrmn issues has been scheduled for April 28, 1998, at 10:00 a.m. to be held in the County Office Building, Room 214. Please contact nay secretary, Ms. Sherry Short, to confu'm your attendance. I look forward to seeing you at the meeting. Sincerely, William I. Mawyer~ Director of Engineering & Public Works WIMJr/ss Attachment Copy: Jack Kelsey, ChiefofEngineering Mark Hemy, Senior Engineer Rick Huff, Deputy County Executive ATTACNHER~ 6 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Monticello High School - Water & Sewer Easements SUBJECT/PROPOSAL/REQUEST: Request the BOS schedule a public hearing for Water & Sewer Easements located on County property be dedicated to the Albemarle County Service Authority STAFF CONTACT(S): MeSsrs. Tucker, Huff, KelSey DISCUSSION: AGENDA DATE: October 7, 1998 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Easement Plat REVIEWED BY: ~ / As part of the infra-structure supporting the new high school, public water and sanitary sewer were extended to the site. These Public utilities are to be dedicated and maintained by the Albemarle County Service Authority (ACSA), This plat provides the necessary easements for both the newly constructed water and sanitary sewer lines and for future extension of these public utilities. The plat has been reviewed and approved by staff. RECOMMENDATION: Staff recommends that the public hearing be set for October 21, 1998 to grant the necessary easements to the Albemarle County Service Authority. 98.192 OWNERS APPROVAL TH£ DI~f~ION 0~' LAND ANO THE CONVEYANCE ~ ~O ~ ~RES ~ ~E UN~ 0~, P~RI~ ~IS ~T ~ ~ ANO C~CT ~ ~E 8~T ~ MY KNO~ED~ TAX PARCE& NO. 91--2E ROBERT w. ~.I~KE~, JR COUNTY EXECUNVE; COUNTY OF ALBEMARLE. VA. TAX PARCEL NO. 91-2C CHARLF~ I~.UAIC HURT, ~R. · PRESIO£NT HURT INVE~ENT CO. TAX PARCEL NO. 91-2 JOHN ~ BAKER, CHAIRMAN, 4LBEMARI. E COUNTY SCHOOL 80ARD COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WIT: IcY COMMISSION EXPIRES NOTARY PUBLIC COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WIT: THIS INSIRUMENT WAS ACKNOWL~DCEO 8b-F~£ ICE THIS DA Y OF 1998 NOTARY PUEUC COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WIT: FHIS iNSTRUMENT WAS ACKNOFR. EDGED BEFORE ME THiS DAY OF 1998 BY AS OWNER ICY COMMISSION EXPIRES NOTARY PUBUC COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WIT: THIS INSTRUMENT WAS ACKNOWL~CED BE~;'ORE ME THIS OAY OF 1998 MY COMMISSION EX1~RES NOTARY PUBUC DRAItrN BY: P.A.H. ~ CHI{.: COUNTY OF ALBEMARLE PLANNING COMMISSION CHAIRMAN COUNTY OF ALBEMARLE BOARD OF SUPERVISORS DESIGNATED AGENT EASEIdENT AREAS: TAX PARCEL NO. 91-2E WATER EASEMENT 141688 SO. F~. ~ANITARY ~EWER EASEMENT 14.719 ~Q. F~. DATE COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WIT: 1741S INSTRUMENT WAS ACKNOWLEDGEO 8£FORE M£ THIS OAY OF 1998 BY AS OWNER MY COMMISSION EXPIRES NOTARY PUBLIC VICINITY MAP SCALE: 1" = 2,000' UNE BEARING O/STANCE UNE 8EARING DISTANCE LI M J2~)$'52' E 6.~8' L14 N 81~1'05° W20.00' L2 N 2~25'20° W90.61' LIB S 597X'44' g18.86' LJ N 70'33'24' £ 84.~0' L18 N 65T8'12° W ! 42.64' L4 N 3023'~° E 7600' L17 N 59'I703' Wf9.60' L5 N ~*05'13' g80.00' LIB $ 64353'19' £ 28.61' L6 $ ~'~'3~ w 2~* L19 N ~8'55' g 10.39' L7 S ~'27' W ~4.2F ~0 N ~'42'~6' E 39.15' L9 N 70~8~3' W 19.54' ~2 N 05~I'05' W ~.~' F"ATER AND SAN/TA_~} SE~rER EASEMENT PLAT SHEET I OF 2 REUSED: 8-~J-98 JN: !~3~ ,%. ALSO,fARCE COUNTY $~VICE AUTHOF~TY TAX P~RC~. N0.:91-1 D.B. 919 PC 746 ZONED R1 HILLCREST LAND ~?U~T TAX pARCEL NO.: 91--2D D.B. I492 PG, 683 4.911 ACRE~ Z(~'VED .='DSC E~S~ND VIRGINIA POW~ E~EMENT D.B. 1587 PG. 161 EX1S~NG DRAINAGE O.B. f590 EXI~NG DRAINA~ ~ EA~ENT I CALVARY B~P71ST ~URCH Hill(REST tiC. IOF' CHARL O T'I~SVIU-~ TAX PARCEL NO.: 7'/-47 TAX I~ARCEL NO.; D.B. 1896 P~ 309~ D.~ 609 PG, 6.717 ACRE~ ZON~ Rf ZO~VED PD$C mUNO ?AX PARCEL NO.: 7?-48 ~SnNO 4.934 ACRES V~J~IA~LE ~DTH PET~MANEHT D.~ 1590 ~ 418-425 E~9$71NG ~" pi~MANENT DRAINAGE EAS~ffENT .D.B. 1590 pG. ~18-42fl EXISTING VARIABLE F~DTH GUARORAIL EASEMENT I0.00' SEE ACSA WA 7ER D.~1~2 ~ 678 ~NG Z~EO ~5 20' 13.825 PIPE FOUND TAX PARCEL NO.: 77-49 ~3.17'6 ACRES 'ASEMENT 20' Ag:SA IANITARY 5Lrl~ £A~ItENT 20' TAX PAR~ NOT rO ~ % ; ~ ~ ~ / pERMA~T NOT TO SCA~ ~T IN HURT INVESTMENT C~ TAX PARCEL D.B, 1492 PC~ 683 D.B. 1590 PO. ZONED R! P.A.H. CHK: 20' RESIDUE OF TAX PARCEL NO.: 91-2 65.972 ACRES NDEWALK SEE \~. DET~L HURT INVE$7~iEMT CO. TAX PARCEL N0.:91-2C O.~ 1492 PC~ 683 ~NG D.B. 1590 PG. 418-425 ~ ~E ~ ~A~A~ EA~T o.e. ~ ~ ~e-~z~ SHEET 2 OF 2 NO TBS: I.) THIS PI. AT REPRESENTS A CURRENT TIMMONS FIELD SURVEY. 2.) THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE BINDER THEREFORE ALL EASEMENTS MA Y NOT BE SHOVES. IMPROVE~AE-NTS NOT SHOWN ON SURVEY UNLESS WITHIN 5:E OF PROPERTY LINE. E~ISTIN¢ 20' PERMANENT EASEMENT 0.8. 1381 PG. 200 0 100 200 400 CRAPHIC $CALg I INCH = 200 FE~7 COMMONWEAL ~Tt OF ~R~N/A (STA~ BOARD FOR COMMUNI~ COLLEGES) TAX PARCEL NO.: 77-E-~-8 D.B. 853 PG. ~7 Z~ED R] ~ .... I~ _~_ WATER AND SANITARY SEWER EASEMENT PLAT SCO.~TTSV1LLE DISTRICT ALBEMARLE COUNT); VIR- ;',~IIA SCALE.. ~" ~ 200' DATE: 8-05-98 REVISED: 8-13-98 JR. 16545 13.825 TAX PARCEL NO.: 77-d8 4.934 ACRES / \ / \ ~ 1 I I I T I \ I \ / DRAWN BI': P.A.H, CHIC: 'PAX PARCEL NO.: 77-49 13.176 ACRES 4 RESIDUE OF TAX PARCEL NO,: 91-2 65.972 ACRES SHEET 2 OF 2 NOI~S: I.) IHIS PLAT REPRESENTS A CURRENT ~MMONS FIELD SURVE~ 2.) IHIS SURVEY WAS MADE mlHOUT IHE BENEFIT OF A BINDER THERF~'~E ALL EASEIdENI~ MAY NOT BE SHOi~N. 3.) IMPROVEMENTS NOT SHOI~I ON SURVEY UNLESS ~,I1H/N OF' PROPER]')' LINE. WATER AND SANITARY SEWER EASEMENT PLA?" SCOTTSVILLE DISTRICt * ALBEMARLE COUNT)' WR '7.A SCALE: l" . 200' DATE. 8-05..98 PFVI$~D: B-l J-g8 /N. .'5 OWN£RS APPROVAL COUNTY OF' ALBEMARLE STATE OF VIRGINIA, tO-WIT*' COUNTY OF ALBEMARLE .STATE OF VIRGINIA, TO-WiT: COUNTY OF ALBEMARLE STATE OF VIRGINIA, TO-WI[' COUNTY OF ALBEMARLE STAT'F. OF VIRGINIA, TO-WIT.. COUNTY OF ALBEMARLE PLANNING COMMISSION CHAIRMAN EASEMISNT ,~REA$ : TAX PARCEL NO. 9~-2E OATE COUNTY OF ALBEMARLE £As~,,:~vr AREAS: TAX PAR~ NO. 9t-2 BOARD OF SUPER~SORS ~x~ ~s~r ~,8~ ~. r~ ?,.4. N 30~2~'~* £ 7~00' LI?N 59'1703' W 19. E0' DA TE COUNTY OF ALBEMARLE WATER AND ,S'ANITA SEWER EASEMENT PI,.47' ~CINITY MAP REUSED: 8-1J-9~ SCALE: 1" = 2,000' SHEEr 1 To~ From: Subject: Date: Mark B. Henry, Senior Engineer Department of Engineering Laurie Hall, Senior Deputy Clerk Road Resolution October 12, 1998 At its meeting on October 7, 1998, the Board of Supervisors adopted the following resolution: (1) to add Woodbrook Drive as described on the attached Additions Form SR-5 (A) dated October 7, 1998, to the secondary system of state highways. Attached is the original and four copies of the adopted resolution and VDOT additions forms. Attachments (10) The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 7th day of October, 1998, adopted the following resolution: RESOLUTION WHEREAS, Woodbrook Drive (SDP-95-118) described on the attached Additions Form SR-5(A) dated October 7, 1998, .fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle 'County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transporta- tion has advised the Board that the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transportation to add Woodbrook Drive as described on the attached Additions Form SR-5(A) dated October 7, 1998, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to th~ Resident Engineer for the Virginia Department of Transportation. Recorded vote: Moved by: Ms. Humphris Seconded by: Mr. Bowerman Yeas: Mr. Bowerman, Ms. Humphris, Mr. Marshall, Mr. Martin, and Ms. Thomas. Nays: None. Absent: Mr. Perkins. A Copy Teste: The road described on Additions Form SR-5 (A) is: 1) Woodbrook Drive from Station 0+96, right edge of pavement southbound Berkmar Drive to Station 4+54, rear of cul-de-sac, 358 lineal feet as shown on plat recorded 8/20/96 in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 1559, pages 51-54, with a right-of-way width of 60 feet, with additional drainage easements recorded 6/10/98 in Deed Book 1713, pages 62-63, for a length of 0.07 mile. Total length - 0.11 mile. ' IIIIT ADDITIONS FORM SR-5(A) Attachment to (check one only) PROPOSED ADDITIONS TO THE SECONDARY SYSTEM OF STATE HIGHWAYS [] Board o~ Supervisors Resolution [] Surety Instrument Attachment I o~ i Name of~ Subdivision: N/A. Albemarle County Ref. Name oE Street Street Addition Termini R-O-W Miscellaneous Notes Addition Length No. Width(ft.) Centerline Miles i Wood~rrok Drive Pr~e: sra. 0+96, R~ght edge o£ pavement SB Barkmar Drive Drainage gesenent: DB 1713 Pg 62~6~ Rd 6/10/9S To; 9fa. 4+54, Rear o~ Cul-de-Sac, 358 if '. 60 0.07 Plat Record4~Dete= 8Z20/36 Deed Sook~ ~559 Page: 51-54 To~ Plat Recorded Date: Deed BOOkt Page: To: Plat Reuorded Date= Deed Book= Paget 4 Plat R~ordedDatet Deed Book: Page: PI&t Reaorde~Date: Deed Book: Page: · Total Mileage ~ 0.07 Notes.. Guaranteed width of right-of-way exclusive of any necessary easements for cuts, fills, and drainage. CERTIFICATION OF ATTACHMENT This attachment is certif~ed as a part of the document indicated above= COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS MEMORANDUM TO: VIA: FROM: DATE: SUBJECT: Ella Carey, Clerk, Board of Supervisors Bill Mawyer, Director~ Mark B. Henry, senior Engineer~¢ September 16, 1998 Woodbrook Drive (SDP-95-118) The extension of Woodbrook Drive initially constructed to serve Montessori School is substantially complete and ready for VDOT acceptance. At the next opporttmity, I request the Board of Supervisors to adopt a resolution for the road specified in the attached VDOT SR-5(A) form. After the adoption of the resolution, please provide me with the original and four copies of the signed and dated resolution and SR-5A. Thanks for your assistance. Please contact me if you have any questions. MBH/mbh Attachment R 0 F F I C E To: From: Subject: Date: Ginny McDonald, Housing Director Laurie Hall, Senior Deputy Clerk ~ Resolution October 12, 1998 MEMO On October 7, 1998, the Board of Supervisors adopted the attached Non-Discriminatory Policy. for Housing Rehabilitation and Production Project in the Porters Road/Yancy School Neighborhood Road CDBG. Attachment NON-DISCRIMINATION POLICY The County of Albemarle or any employee therefore will not discriminate against an employee or applicant for employment because of race, age, handicap, creed, religion, color, sex or national origin. Administrative and personnel officials will take affirmative action to insure that this policy shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; rates of pay or other forms of compensation, and selection for training. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a policy duly adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on October 7, 1998. Clerk, Board of County ~rs COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Housing Rehabilitation and Production Project in the Porters Road/Yancey School Neighborhood Road COmmunity Development Block Grant SUBJECT/PROPOSAL/REQUEST: Request Adoption of CDBG Required Certification: Non-Discriminatory Policy. STAFF CONTACT(S): Mr. Tucker, MS. White, Ms. McDonald AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes BACKGROUND: In June 1998, the Virginia Department of Housing and Community Development (VDHCD) awarded Albemarle County a $770,989 multi-year Community Development Block Grant Community Improvement Grant (CIG) to perform housing rehabilitation and production in the Porter's Road/Yancey School neighborhood. DISCUSSION: In July, County staff met with staff from VDHCD to review those activities that must be completed by the County prior to executing the CIG contract. Among the actions required by the Board of Supervisors is the adoption of an employment-related Non-Discrimination Policy. RECOMMENDATION: Approval of the attached Non-Discrimination Policy. 98.203 N T E Albcmaflc Board of Co~mty Sup~wo~ OtTicg of ~e Ci~k m ~c ~ ~1 Mc~ R~ ~o~ ~ 22~2~5~ III R 0 F F I C E II I I MEMO To: From: Subject: Date: Bill Mawyer, Director of Engineering Laurel B. Hall, Senior Deputy Clerk October 7, 1998 Board of Supervisors Meeting October 12, 1998 The following action was taken by the Board at its meeting on October 7, 1998: Agenda Item No. 6.16. Request to approve Central Well Supply Water to Mountaintop Farm Community, copy attached. ADOPTED with conditions. The approval is for the existing connections, and System plans shall be submitted to the Albemarle County Service Authority for review and comment, and the Engineering Department must approve final system plans based on any Service Authority concerns. CC: Larry Davis ..,~ Brent COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Mountaintop Farm Community Well SUBJECT/PROPOSAL/REQUEST: Approve central well to supply water to Moutaintop Farm existing residences. STAFF CONTACT(S): Messrs; Tucker, Huff, Kelsey, Hirschman DISCUSSION: AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: X ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: REVlEWE~..BY: The Mountaintop Farm Land Trust is an existing community served by an existing well system. The system is classified as both a state-regulated public water supply (serving 15 connections or 25 people) and a County central water system (sewing three or more connections). The system serves 24 connections and approximately 35 people. Over the past several years, the system has suffered both water quality and quantity problems due to contamination and flow problems. The managers of the system have been working with the State Department of Health to try to rectify both types of problems, and have had periods oftime where potable water had to be hauled to the residents. Two new wells have been drilled in an attempt to secure an adequate water supply, and a chlorination system has been installed. Due to the construction of the new wells, the water system is subject to Chapter 16 of the Albemarle Code concerning central water supplies. Approval by the Board of Supervisors is required, as is approval of plans and system information by the Engineering Department in accordance with department policies. In this case, the Health Department has also reviewed the well construction, system specifications, pump test data, and water quality tests. Also, the Health Department will continue to regulate this system as a public water supply, requiring periodic testing and reporting in accordance with State regulations. At present the water system is managed by the Management Systems Corporation. The applicant has submitted relevant data on the system, including pump test and water quality data. With the addition of the new well, the system appears to be adequate to serve this community. The new wells are currently in operation. Neither the applicant nor the Health Department were aware of the need to secure County approval when these systems were installed, and, at this point, the applicant would like to have all needed approvals. In addition, according to a Board resolution (February 3, 1993), if the Board approves this system, system plans must be submitted to the Albemarle County Service Authority for review and comment. RECOMMENDATION: Approve the central water system for Mountaintop Farm with the following conditions: 1. The approval is for the existing connections, and 2. System plans shall be submitted to the Albemarle County Service Authority for review and comment, and the Engineering Department must approve final system plans based on any Service Authority concerns. 98.204 August 12, 1998 Clerk of the Board of Supervisors County Of Albemarle 401 Mclntyre Road Charlottesville, Va 22902 RE: Mountaintop Farm Community Well Dear Ms. Carey, The purpose of this letter is to request approval for the central water supply system located on Mountaintop Farm, TMP #77-31, located off of Rt. 53 across from Monticello, in accordance with Section 10-17 of the Albemarle County Code. The system is made up of two wells on a ratcheting relay system, both of which were installed in compliance with all regulations set forth by Mr. Jim Moore of the Lexington branch of the Commonwealth of Virginia, Department of Health, Office of Water Programs, for wells of this type. These wells are located as indicated in the attached plats for the well lots, both of which are in the lower third of the mountain. The water system serves 24 residences, which are NOT individually metered, with a total of approximately 35 residents. Daily volume of usage averages between 1800 and 2500 gallons. Below are the pertinent details of the system and a brief recent history of the system. Approximately 3 lA years ago the system in use at the time was condemned for surface water contamination. It was shut down and a new well, now known as well # 1, was installed. This well suffered from recovery problems and the need for an additional source was realized in the surrawer of 1996. A location was chosen for the second well and it was drilled and installed in early 1997 and after supplying approximately 7200 gallons, it went completely dry. We began hauling potable water up the Mountain in order to provide sufficient supply for the residents and with the help or,Mr Moore of VDH and a geologist, another site was chosen and a well was installed there, it now being known as well #3. Both well #1 and well #3 pump into a reservoir tank located adjacent to well # 1, and from there the water is pumped by a submersible pump located in the tank approximately 2500 feet up the mountain. Upon reaching the top, it feeds into a two tank storage system consisting of a 2,000 gallon above ground tank and a I0,000 underground tank. From the 10,000 gallon tank it is pumped by a submersible pump/pressure tank system through a three filter canister style filtration system, after which it receives a chlorine injection regulated by a flow meter, and finally it passes on to its use points. 2 My apologies for the fact that this project has never been before the board before, but when I inherited the project in 1995, no mention was made to me of Supervisors approval requirements. Additionally, the previous plats and recordation of well #1 were processed in the same manner as the well #3 information, but no mention was made at that time either. Please feel free to call me at either 295-9071 - office, or 960-7445 ~ ce!lular, if there is additional information needed. Also please noti~ me of the schedule of the Supervisors meeting where this item will be on the agenda. Sincerely, Jo~~ Henry Jo~r~dan ' Management Services Corporation Facilities Manager enclosures cc; D.J. Hirs?maan, Water Resou~rces Manager Kerry Harris, Property Manager Jack Kelsey, Chief of Engineering Maynard Sipe, P!anmng and Community Developmem ~OTr$ . WlTtd SLC~S L~SS T~AP~ Z~. 4~ TOTA~ ACREA~ · ~2~.~7i LOT 3 0.2] A<;;. TI~ F~ I.~3'TY~fflIM. ~ ~ 1'0 O(~ ~D~EIdED ~ 'rl'tC-<X~k'rl~.AL OHLY, aa.L ~I?M~EMIt ~ ~,F~X~D TO ~ PU, T JOHN ,L 'L ),~A~Y G, MAROUI$ (:,.il. 1~34 - 2~!, 2! PLAT *171;'-2~ A4.uE:D STREET . CHAI~LOTTESV1LL[, V~ 2'~0:~ A POgTg~ OF' THE L~Jdi) TRUST PROPERTY ALSO NEW 30' ACCESS E~MENT LOCATKD OF'F STATE ROUTE 53, NEAR SCOT:TSVILLE DISTRICT' AL. BEMARLE COUNTY , VtRGNqlA · SCALE : I" "I00' DATE: M~Y 29, ~gcJ~ COUHTY PL~NMNG COMk~8~0N ' COUN1Y SOa~O OI; SUPEtaV~ORS 0 ES~O~'qATED NSF:NT ~ ' NO OEV~ELOPMENT RK~4TS AR; ~FI::ECTEO BY THIS PLAT 2. THe: PR)VATE, ROAO WILL PROVID~ NEA'St'MABLE AC~SS ~Y MOT~ VE~LE T~ ALBEM~E C~TY C~. 8YaTEM ~LL ~ G~UCT~ ~ S~ LOT ~ ~ LOT ~LL NOT ~ ~ES OF CONTA~ATIQN ¥~..IMTY MMa - SCALEr r' · 2 MILEg ROO~R W. RAY WELL LOT A PORTION OF' TIlE MOUNTAINTOP LANO TRUS'r PROPERTY LOCATEDNF. AR.OFPMiONTiC~L.LoST,Tle' ROUTE 5~ SCOTTSVLLE DISTRICT ALBEMARLE~ COUNTY, VIRGINIA SCALE: I'* =: lO0' DATE: MANAGEMENT ROGER W. RAY & CHARLOTTE,%V~LLF,, ~;I-~ET :l 0~' 2 10705 IRON IN CONC~ T.M. MOUNTA/NTOP LAND TRUST 0,8, 667-193 0.6 047-4~0 PL.A,T R~$1DU~. $29,?.7~ AC, / T,~ 77-31 ~ ~41'-44g SET TIE LN~ N62"Z6'I2"E AT POWER POLE '.RE: Mountaintop Farm c0mmUnit~ WeIl Dear Mr, Jordan: ;the Boardof SUpervis°rs (Ella Land TrusL You should proceed with~the following in Maynard · File: ~hira~¢hman/mtnwell FAX {804) 972-4035 I N T E R Albemarle Board of Comtty Sup~,'~sors Office of thc Clg~k m ~c B~ C~I~ ~ 22~245~ 804-296-$g43 0 F F I ¢ E MEMO To: From: Subject: Date: Chief John Miller Laurie Hall, Senior Deputy Clerk Resolution October 12, 1998 At its October 7, 1998 meeting, the Board of Supervisors adopted the attached resolution pertaining to the Charter of Central Shenandoah Criminal Justice Training Academy. Please contact me at 296-5843 ifI can be of further assistance. Attachment cc: Mr. James G. Welsh RESOLUTION WHEREAS, the Central Shenandoah Criminal Justice Training Center was originally organized in 1973 on the campus of Blue Ridge Community College to provide basic and in-service training for law enforcement personnel, and WHEREAS, the Training Center now serves more than 70 criminal justice agencies serving more than 50 political subdivisons and localities, and WHEREAS, the Training Center's membership has remained stable and reasonably constant over many years, and WHEREAS, the Training Center has moved on two previous occasions because it has outgrown the space available to it, and WHEREAS, the Training Center is now in need ora new physical plant that will allow it to continue to provide quality criminal justice training on a cost- efficient basis to its members, and WHEREAS, the General Assembly has in recent years amended the Virginia Code to allow a regional criminal justice training academy to incur indebtedness without obligating a member govennnental unit, and WHEREAS, the Training Center's charter needs to be revised and reconstituted as the Central Shenandoah Criminal Justice Training Academy; NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia (the "County"), acting on behalf of the County, pursuant to Va Code § 15.2-1747, that the Charter of Central Shenandoah Criminal Justice Training Academy, a copy of which is attached to this Resolution and incorporated herein by reference, be and it is hereby ADOPTED, and said governmental unit joins as a member of this Academy formed for the principal purpose of establishing and conducting criminal justice training and education for criminal justice personnel. BE IT FURTHER RESOLVED, by its adoption of this Charter, it is the intention of the County, among others, to evidence a commitment to the Academy as a member thereof pursuant to the terms and provisions set forth by this Charter. Notwithstanding, to the extent, if any, that any term or provision of this Charter shall ever be interpreted to require any binding financial commitment of the County beyond the current fiscal year of the County, then such financial obligation shall be subject to and dependent upon appropriations being made from time to time by the County for such specific purpose, as required by Virginia law. This Resolution shall bec0m~ effective Upon adoption, and the Clerk is directed to forward an attested ~oPY to the Executive Director, Central Shenandoah Criminal Justice Training Academy, 211 West Twelfth Street, Waynesboro, Virginia 22980. ADOPTED this 7th day of October, 1998. ATTEST: Albemarle County, Virginia ~~~/up/~erviso of COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Central Shenandoah Criminal Justice Training Center New Charter SUBJECT/PROPOSAL/REQUEST: Request a resolution adopting the training center's new charter. STAFF CONTACTS: Messrs, Tucker, Huff, Davis, Miller AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes The Central Shenandoah Criminal Justice Training Center (CSCJTC) is a regional training center in the Commonwealth of Virginia whose purpose is to prepare and maintain criminal justice personnel in the skills required for their jobs. The training center is operated jointly under a charter agreement among 31 local governments and training personnel in the Central Virginia area, bordered in the East by Louisa and Fluvanna Counties, in the west by Alleghany and Bath Counties, in the north by Winchester and in the south by Lynchburg. Albemarle County was one of the original thirty-one (31) member govemments to sign the charter in 1973 creating the Central Shenandoah Criminal Justice Training Center. The current training facility is located in the City of Waynesboro in a leased warehouse consisting of approximately 13,000 square feet. The facility in general is deplorable and inadequate as a training center. A consultant was hired during the past year to conduct a space needs and site feasibility study. This study was completed in August 1998 and accepted by the center. The training center space needs were assessed at 53,000 square feet and the membership had desire to build a new facility at Blue Ridge Community College or Piedmont Community College. Either of these colleges would provide the opportunity to partnership and share facility space and programs. The consultant's report recommended that we build the facility (approximately $6.0 -$8.0 million) next to Blue Ridge Community College based on the following: It is in closer proximity to the majority of the agency memberships · Construction costs are less · Piedmont Community College would require additional expenditures for a roadway for the training center facility. Recent changes to the Virginia code permit political subdivisions to enter into an agreement creating a regional Criminal Justice training "academy," that will have some powers that were not formerly available to a regional criminal justice training center. This change can be done simply by the governmental unit's adoption of a resolution approving a new center. As is currently the case with the Central Shenandoah Criminal Justice "training center", a regional ~academy" will continue to be a public entity and continue to be subject to the Department of Criminal Justice services. The current training center does not have the authority to issue revenue bonds or borrow money, which is essential to the "academy" to build a permanent training facility and thereby assure each member government unit cost efficient training in the future. The approximate costs of adopting this new charter and constructing a training facility would be an annual assessment of $500 per officer, sheriff deputy, and ECC personnel. This is up from the current assessment of $180. There are very few options for our County agencies (police, sheriff, corrections, and emergency operations personnel) as far as joining one of the other regional academies. To join as a new member would cost us approximately $400 - $500 per officer. This would not only be less convenient reference travel time, but would hurt the current Central Virginia DATE: e2of2 Public Hearing - Central Shenandoah Criminal Justice Training Center New Charter October 7, 1998 ional Academy monetarily because the state allocates funds according to the number of personnel belonging to the regional of reference, the Northern Virginia Police Academy serves the same criminal justice personnel population size (1900) as Shenandoah and their assessment per officer is currently $1100. ~ECOMMENDATION: that the attached charter resolution be adopted. 98.206 COLIN J. S. THOMAS, JR. P. DONALD MOSES JOHN W. SILLS, III JAMES G. WELSH THOMAS G. BELL, JR. B. E. BRANNOCK J. ROSS NEWELL, III C. J. STEUART THOMAS, ROSALIE V. PEMBERTON RANDALL T. PERDUE *ALSO ADMITTED IN D.C. LAW OFFICES TIMBERLAKE, SMITH, THOMAS & MOSES, p.C. THE VIRGINIA BUILDING 25 N, CENTRAL AVENUE STAUNTON, VIRGINIA 24401 ..... POST OFFICE BOX 108 STAUNTON; VIRGINIA 2440;]-0t08 TELEPHONE (540) 885-1517 FACSIMILE (540) 885-4537 E-MAIL: tstrn @ tstm.com RICHARD W. SMITH (RETIRED) WAYT B. TIMBERLAKE, JR. (1908-1989) August 12, 1998 Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 RE: Central Shenandoah Criminal Justice Training Academy Dear Members: Recent legislative changes to Chapter 17, Article 5 of Title 15.2 of the Virginia Code permit the governing bodies of two or more localities, political subdivisions, or other public bodies to enter into an agreement creating a regional criminal justice training academy that will have some powers that were not formerly available to the Central Shenandoah Criminal Justice Training Center ("Training Center"). These changes also serve to promote stable cost-effective criminal justice training and provide greater protection of member political subdivisions from liability claims related to police training. To avail itself of the benefits afforded by these legislative changes, the Training Center's Board at its August 6 meeting approved a new Charter with the recommendation that it be adopted by the members govemmental units. As counsel for the Training Center, I have been requested to forward the proposed new Charter to each member governmental unit along with a suggested Resolution of adoption. The membership procedure remains unchanged; it requires only the passage of a resolution adopting the new Charter by the governmental unit. To assist you, a suggested form Resolution is enclosed along with a copy of the recommended new Charter. Anticipating that the new academy will be building a much-needed new regional training facility and to assure its compliance with Virginia local government law, the new Charter has been carefully reviewed by experienced bond counsel and by George Aldhizer, the long-time Rockingham County Attorney. The successor Academy will continue to be a public body and continue to be subject to the Department of Criminal Justice Services. In large measure, the restated Charter continues the basic organizational structure of the charters previously adopted over the years since the Training Center was first organized in 1973; however, the new Charter makes provision both for a significantly improved management structure and the membership stability necessary for a viable self-financing capacity. You may be assured that Virginia Code § 15.2-1749(D) specifically provides that any indebtedness incurred by the Academy "shall not" be deemed to be either a debt or a pledge of the faith in credit of the Commonwealth or any political subdivision. I will be happy to answer any questions that any member of your governing body or your counsel may have. On behalf of the Training Center, I have been asked to extend its sincere appreciation for the strong support of each member governmental unit over the years and to thank each in advance for its understanding consideration the new Charter. JGW:cac enclosures T:\61 ~IGW~CLIENTS.GElq~CENTSHEN\TRANSMIT.LTR COLIN J. S. THOMAS, JR. P. DONALD MOSES JOHN W. SILLS, III JAMES G. WELSH THOMAS G. BELL, JR, B. E, BRANNOCK J. ROSS NEWELL, III J STEUART THOMAS. 111' ROSALIE V. PEMBERTON ~tANDALL T. PERDUE LAW OFFICES TIMBERLAKE, SMITH, T~MAs & MOSES, P.C. THE VIRGINIA BUILDING 25 N. CENTRAL AVENUE STAUNTON, VIRGINIA 24401 POST OFFICE BOX 108 STAUNTON, VIRGINIA 24402-0108 TELEPHONE (5401 885-1517 FACSIMILE [540) 885-4537 E-MAIL: tstm @ tstm.com RICHARD W. SMITH IRETIRED) WAYT 8. TIMBERLAKE, JR. [1908-1989} August 12, 1998 Mr. Tom Hanson, Director Emergency Communications, Center P. O. Box 911 Charlottesville, VA 22902 RE: Central Shenandoah Criminal Justice Training Academy Dear Sir: Pursuant to the action of the Training Center's Board on August 6, 1998, recommending adoption of the new Training Academy Charter to the member governmental units, I have today mailed the proposed new Charter, a suggested form Resolution, and a cover letter to the governing body of your jurisdiction(s). Copies of each are enclosed for your information and use in getting this matter on the agenda for expeditious consideration by the jurisdiction(s) with which you are affiliated. If you have any questions or need further assistance, you should feel free to contact the Executive Director, a member of the .Executive Committee, or me. As you know, expeditious'consideration of the new Charter by each of the member governmental units is essential if high quality and cost-efficient criminal justice training is to continue in this region. In advance, I thank you for your assistance. JGW:cac enclosures cc: CSCJTC Sincerely, CHARTER CENTRAL SHENANDOAH CRIMINAL JUSTICE TRAINING ACADEMY Pursuant to Chapter 17, Article 5, Title 15.2 of the Code of Virginia (1950, as amended) (the "Code") the respective governing bodies of the several localities, political subdivisions or other public bodies (hereinafter collectively referred to as "governmental units") located in the Fifth (5th), Sixth (6th), Seventh (7th), Ninth (9th) or Tenth (10th) Planning Districts, each being named on the attached schedule, by resolution duly adopted on the dates listed thereon, approved the following terms and provisions and have entered into this agreement ("Charter") to create the Central Shenandoah Criminal Justice Training Academy. The provisions of this Charter shall be assigned the same meanings used in the Code, and references to particular Code sections shall be deemed to include any amendments and successor statutes thereto. This restated Charter supersedes and takes the place of the existing charter of Central Shenandoah Criminal Justice Training Center, including any amendments thereto. SECTION 1. NAME: The regional criminal justice training academy created by this restated Charter shall be known as the "Central Shenandoah Criminal Justice Training Academy" (hereinafter, the "Academy"), a public body corporate and politic as described in the Code, and formerly known as the Central Shenandoah Criminal Justice Training Center and formerly known as the Central Shenandoah Police Academy. SECTION 2: PRINCIPAL OFFICE The initial principal office of the Academy shall be located at 211 Twelfth Street in the City of Waynesboro, Virginia, 22980-4796. From rimeto time, a new principal office of the Academy may be designated by Charter amendment pursuant to Code § 15.2- 1747(B). The Charter shall at all times set forth the governmental subdivision in which the principal office of the Academy is situated. SECTION 3: EFFECTIVE DATE AND DURATION A. The effective date of the organization of the Academy shall be October 30, 1998. B. The Academy and this Charter shall exist in perpetuity; provided, however, upon payment in full of all of the Academy's judicially enforceable debt or as may be otherwise provided by operation of law, the Academy may be dissolved by an affirmative vote of the Board. SECTION 4: PURPOSE The Academy is created for the purposes of establishing and conducting criminal justice education and training for criminal justice personnel, including law enforcement officers (as currently defined in Virginia Code § 9-169) and special police officers appointed pursuant to Virginia Code § 15.2-1737. It is the intent of this Charter that the Academy shall be established and conducted, to the full extent permitted under the Code or otherwise under Virginia law, for all lawful purposes consistent with its principal criminal justice training mission. SECTION 5: BOARD OF DIRECTORS A. DIRECTORS ! The governing body of the Academy shall be a Board of Directors composed of one designated representative from each sheriff's office, police department, and other organization or agency subject to mandated criminal justice training under Virginia law that is operated by a member govemmental unit (as currently defined in Virginia Code § 15.2-1747 (A)). Each such representative shall serve for a term of three years, or until his or her designating agency appoints another person to serve in his or her place. B. OFFICERS -- The officers of the Academy shall consist of a Chairman, Vice-Chairman, Secretary-Treasurer, and such other officers as may be prescribed from time to time by the By-laws. Officers shall serve for a term of one (1) year and shall be elected at the Board's annual meeting. At its initial organizational meeting the Board of Directors shall elect by and from its membership officers, who shall serve until the Board's next annual meeting. C. REGULAR AND SPECIAL MEETINGS; NOTICE OF MEETINGS -- The Board shall hold a semiannual meeting in June of each year and an annual meeting in December each year. At its annual meeting the Board shall elect officers and such other members of the executive committee as may be prescribed by the By-laws. At its annual meeting or at such meeting of the Board as may be otherwise designated in the By-laws, the Board shall adopt an operating budget for the Academy for the ensuing fiscal year. Special meetings of the Board may be called by the Chairman or as may be 2 other wise provided in the By-laws. At least two (2) weeks notice of any regular or special meeting shall be provided to the members of the Board. , D. POWERS OF THE BOARD -- the Board shall possess the full powers and authorities granted pursuant to Virginia Code § 15.2-1748 (1950, as amended), and as may be generally described in Virginia Code § 9-170 (1950, as amended) or otherwise. Such powers shall include the power to issue revenue bonds of the Academy (including notes, bonds and other obligations) upon a resolution duly adopted by a majority of the Board, and as more particularly described in Virginia Code § 15.2-1749 (1950, as amended); provided, however, any such indebtedness shall not be deemed· to constitute a debt or pledge of the full faith and credit of the Commonwealth of Virginia or any governmental unit or member. E. VOTING RIGHTS OF DIRECTORS -- Each Director that represents a criminal justice agency operated by a governmental unit shall be entitled to vote on matters before the Board. All action of the Board shall be by majority vote of all directors present and voting, and each director shall have votes equivalent to the authorized strength of his or her agency ("authorized strength" means the number of personnel eligible for criminal justice training based on the figures reported by the agency during the Academy's most recent annual manpower survey). No voting by proxy shall be permitted. A vote by a Board member shall at no time be deemed or otherwise-construed to constitute a commitment, endorsement or other obligation (official or unofficial) of his or her member governmental unit. F. QUORUM -- At any regular or special meeting of the Board, a quorum · shall consist of such number of directors present .with votes equivalent to no less than one-half plus one of the authorized strength of all criminal justice agencies operated by member governmental units. G. LIABILITY AND IMMUNITY- Pursuant to Virginia Code § 15.2-1753 (1950, as amended), no member of the Board of Directors shall be personally liable for any indebtedness, obligation or other liability of the Academy, barring willful misconduct, and pursuant to Virginia Code §15.2-1753 members of the Board of Directors of the Academy shall have the same immunity as members of county boards of supervisors. H. ADDITIONAL TERMS AND PROVISIONS -- Consistent with the Code and this Charter, the By-laws of the Academy may set forth additional terms and provisions concerning the Board of Directors, officers of the Academy, standing or special committees, and other matters as may be convenient or necessary for the conduct of the business and affairs of the Academy; Rev 8/17/98 3 SECTION 6. EXECUTIVE COMMITTEE A. POWERS OF THE EXECUTIVE COMMITTEE -- To provide for the efficient and effective operation of the Academy, and subject to all applicable provisions of the By-laws, the Executive Committee shall have authority to carry out all functions of the Academy on behalf of the Board of Directors. The authority of the Executive Committee shall be subject to the general control, authorization, and direction of the Board of Directors as may be provided from time to time. The executive committee shall oversee and be responsible for the day-to day operation of the Academy, giving due consideration to the needs of the participating jurisdictions for recruit and in-service training, and to maximize the benefits of available instruction in fixing the length and frequency of training, and to operate the Academy in an efficient and cost-effective manner. In connection with its duties the executive committee shall have the power to expend funds appropriated by the Board of Directors. B. CHAIRMAN AND LOCAL GOVERNMENT MANAGEMENT MEMBER -- The chairman of the Board of Directors shall serve as a member and as Chairman of the Executive Committee. One member of the Executive Committee shall be the chief executive or administrative officer ("member government manager") of one of the Academy's member governmental units, who shall serve a two-year term. The local government management member of the Executive Committee shall rotate each two years and shall be selected by and from among the member government managers in such manner as hereafter fixed by the By-laws. C. INITIAL MEMBERS -- The vice-chairman, secretary-treasurer, and five additional persons who, along with the immediate past chairman, shall serve as an initial executive committee. D. TERMS OF OFFICE, MEMBERSHIP, ETC. -- As contemplated by Code §15.2-1747(C) and consistent with this Charter, the By-laws of the Academy shall establish: (I) the permanent composition and terms of office of the members of the Executive Committee, (ii) procedures for the conduct of Executive Committee meetings, and (iii) such other limitations upon the authority of the Executive Committee as may be deemed desirable for the transaction of the Academy's affairs. E. QUORUM -- A quorum shall consist of a majority of the members of the executive committee initially fixed by this Charter or as hereafter fixed by the By-laws, and then in office. F. VOTING -- At all meeting of the executive committee, all questions shall be decided by a simple majority of votes, each member of the executive committee 4 having one vote only. In case of an equality of votes, the Chairman shall have a secOnd or deciding vote. SECTION 7. TERMINATION Termination of this cooperative endeavor shall occur only as provided in Section 3.B. In the event this Charter is terminated, payment and/or credit for furnishing and use of real property owned by a participant shall be adjusted ratably to the date of termination. All property shall be scheduled and valued by or at the direction of the Board and distributed in kind to the participating political subdivisions, and the Board shall be responsible for establishing a plan of winding down the business affairs of the Academy in accordance with Virginia law. Such plan shall include, but shall not be limited to, the payment in full of all outstanding debts or other obligations of the Academy. SECTION 8. MEMBERSHIP MATTERS A. NEW VOTING MEMBERS -- Any governmental unit that operates a criminal justice agency in the Commonwealth of Virginia and which is not an initial member of the Academy may join the Academy by ratifying or adopting this Charter and upon a majority vote of the Board. A written application for admission must be delivered by mail to the business office of the Academy. As a condition of membership, the Board shall require the joining governmental unit to make a capital contribution toward the investment of prior member governmental units. The Board shall establish the required capital contribution by determining the proportionate share of investment and contribution made by each existing and former member government. B. NON-VOTING MEMBERS -- Any non-governmental entity that operates a special police force in the Commonwealth of Virginia may join the Academy as a non- voting member by ratifying or adopting this Charter and upon an affirmative vote of the Board. A written application for admission must be delivered by mail to the business office of the Academy. C. WITHDRAWAL OF MEMBER -- For a period of five (5) years from the effective date of this Charter, no withdrawal of a member shall be permitted, except by order of a court of competent jurisdiction or as may be otherwise specifically required by Virginia law. Thereafter, any member may withdraw from the Academy at the end of the fiscal year after having notified the business office of the Academy in writing of its intent to do so not less than six (6) months prior to the beginning of the next succeeding fiscal year ("notice withdrawal date"). Notwithstanding anything to the contrary, in the event the Academy shall have any current outstanding bonded indebtedness, the Board, upon receipt of a notice of withdrawal, may convene at any regular or special meeting and vote to require the withdrawing member to continue its membership for an additional period not to exceed twenty-four (24) months subsequent to the Notice Withdrawal Date. It is the intention of this provision to provide that the Academy be afforded, if necessary, an additional period of time to prepare for the orderly withdrawal of a member under this Charter. In lieu of a continued membership for an additional period pursuant to Board action as aforesaid, a withdrawing member shall have the option in its sole discretion to elect to pay to the Academy a penalty payment for such withdrawal. The amount of any such penalty payment shall be determined and assessed by the Board acting upon an affirmative vote at any regular or special meeting, and in determining the amount of same the Board shall take into consideration the pro rata portion of current outstanding indebtedness that is allocatable to the withdrawing member. Under no circumstances shall a withdrawing member be entitled at any time to restitution, rebate, or other repayment of any capital contribution to the Academy or any other investment hereunder. SECTION 9. GOVERNMENTAL IMMUNITY Pursuant to Virginia Code § 15.2-1752, the Academy shall be deemed to be a governmental entity exercising essential governmental powers, and the its directors, officers and employees shall be entitled to immunity in any civil action or proceeding for damages or injury to any person or property of any person to the same extent that counties and their officers and employees are immune. SECTION 10. EXEMPTION FROM TAXATION The Academy shall be exempt from taxation to the full extent provided by Code § 15.2- 1751 and as may be otherwise provided by law. SECTION 11. AMENDMENTS The Board of Directors is empowered to amend this Charter provided such amendments are made in one of the following manners: 6 A. By approval of all the participating political subdivisions; or B. By approval of a majority of the Board of Directors at the annual meeting, or special meeting called for the purpose of amending this Charter, provided each political subdivision is notified in writing thirty (30) days prior to such meeting; or C. Such other manner as may be authorized by law at the time of the amendment. SECTION 12. REPORTS TO MEMBER GOVERNMENTAL UNITS As soon as practicable after the close of the Academy's fiscal year, the Board shall prepare, or cause to be prepared, and transmitted to the member governmental units an annual report :of the Academy's activities and finances. The Board shall also prepare and present to federal and state officials such reports as may be required by law, regulation, or contract. SECTION 13. CONTINUATION OF OPERATION Upon the effective date hereof, the Academy shall operate as the successor and assignee of Central Shenandoah Criminal Justice Training Center; and acquire title to all such assets and property all liabilities shall be automatically transferred, assigned, conveyed, and otherwise assumed by the Academy. T:\61 ~IGWXCLIENTS .GEN~CENTSHEixhCHARTER.3 rev:08/07/98 7 CHARTER CENTRAL SHENANDOAH CRIMINAL JUSTICE TRAINING ACADEMY Pursuant to Chapter 17, Article 5, Title 15.2 of the Code of Virginia (1950, as amended) (the "Code") the respective governing bodies of the several localities, political subdivisions or other public bodies (hereinafter collectively referred to as "governmental units") located in the Fifth (5th), Sixth (6th), Seventh (7th), Ninth (9th) or Tenth (10th) Planning Districts, each being named on the attached schedule, by resolution duly adopted on the dates listed thereon, approved the following terms and provisions and have entered into this agreement ("Charter") to create the Central Shenandoah Criminal Justice Training Academy. The provisions of this Charter shall be assigned the same meanings used in the Code, and references to particular Code sections shall be deemed to include any amendments and successor statutes thereto. This restated Charter supersedes and takes the place of the existing charter of Central Shenandoah Criminal Justice Training Center, including any amendments thereto. SECTION 1. NAME: The regional criminal justice training academy created by this restated Charter shall be known as the "Central Shenandoah Criminal Justice Training Academy'' (hereinafter, the "Academy"), a public body corporate and politic as described in the Code, and formerly known as the Central Shenandoah Criminal Justice Training Center and formerly known as the Central Shenandoah Police Academy. SECTION 2: PRINCIPAL OFFICE The initial principal office of the Academy shall be located at 211 Twelfth Street in the City of Waynesboro, Virginia, 22980-4796. From time to time, a new principal office of the Academy may be designated by Charter amendment pursuant to Code § 15.2- 1747(B). The Charter shall at all times set forth the governmental subdivision in which the principal office of the Academy is situated. SECTION 3'. EFFECTIVE DATE AND DURATION A. The effective date of the organization of the Academy shall be October 30, 1998, B. The Academy and this Charter shall exist in perpetuity; provided, however, upon payment in full of all of the Academy's judicially enforceable debt or as may be otherwise provided by operation of law, the Academy may be dissolved by an affirmative vote of the Board. SECTION 4: PURPOSE The Academy is created for the purposes of establishing and conducting criminal justice education and training for criminal justice personnel, including law enforcement officers (as currently defined in Virginia Code § 9-169) and special police officers appointed pursuant to Virginia Code § 15.2-1737. It is the intent of this Charter that the Academy shall be established and conducted, to the full extent permitted under the Code or otherwise under Virginia law, for all lawful purposes consistent with its principal criminal justice training mission. SECTION 5: BOARD OF DIRECTORS A. DIRECTORS -- The governing body of the Academy shall be a Board of Directors composed of one designated representative from each sheriff's office, police department, and other organization or agency subject to mandated criminal justice training under Virginia law that is operated by a member governmental unit (as currently defined in Virginia Code § 15.2-1747 (A)). Each such representative shall serve for a term of three years, or until his or her designating agency appoints another person to serve in his or her place. B. OFFICERS -- The officers of the Academy shall consist of a Chairman, Vice-Chairman, Secretary-Treasurer, and such other officers as may be prescribed from time to time by the By-laws. Officers shall serve for a term of one (1) year and shall be elected at the Board's annual meeting. At its initial organizational meeting the Board of Directors shall elect by and from its membership officers, who shall serve until the Board's next annual meeting. C. REGULAR AND SPECIAL MEETINGS; NOTICE OF MEETINGS -- The Board shall hold a semiannual meeting in June of each year and an annual meeting in December each year. At its annual meeting the Board shall elect officers and such other members of the executive committee as may be prescribed by the By-laws. At its annual meeting or at such meeting of the Board as may be otherwise designated in the By-laws, the Board shall adopt an operating budget for the Academy for the ensuing fiscal year. Special meetings of the Board may be called by the Chairman or as may be 2 other wise provided in the By-laws. At least two (2) weeks notice of any regular or special meeting shall be provided to the members of the Board. D. POWERS OF THE BOARD q the Board shall possess the full powers and authorities granted pursuant to Virginia Code 315.2-1748 (1950, as amended), and as may be generally described in Virginia Code § 9-170 (1950, as amended) or otherwise. Such powers shall include the power to issue revenue bonds of the Academy (including notes, bonds and other obligations) upon a resolution duly adopted by a majority of the Board, and as more particularly described in Virginia Code § 15.2-1749 (1950, as amended); provided, however, any such indebtedness shall not be deemed to constitute a debt or pledge of the full faith and credit of the Commonwealth of Virginia or any governmental unit or member. E. VOTING RIGHTS OF DIRECTORS -- Each Director that represents a criminal justice agency operated by a governmental unit shall be entitled to vote on matters before the Board. All action of the Board shall be by majority vote of all directors present and voting, and each director shall have votes equivalent to the authorized strength of his or her agency ("authorized strength" means the number of personnel eligible for criminal justice training based on the figures reported by the agency during the Academy's most recent annual manpower survey), require a majority vote of the votes represented by the members present and voting. No voting by proxy shall be permitted. A vote by a Board member shall at no time be deemed or otherwise construed to constitute a commitment, endorsement or other obligation (official or unofficial) of his or her member governmental unit. F. QUORUM -- At any regular or special meeting of the Board, a quorum shall consist of such number of directors present with votes equivalent to no less than one-half plus one of the authorized strength of all criminal justice agencies operated by member governmental units. G. LIABILITY AND IMMUNITY -- Pursuant to Virginia Code § 15.2-1753 (1950, as amended), no member of the Board of Directors shall be personally liable for any indebtedness, obligation or other liability of the Academy, barring willful misconduct, and pursuant to Virginia Code 315.2-1753 members of the Board of Directors of the Academy shall have the same immunity as members of county boards of supervisors. H. ADDITIONAL TERMS AND PROVISIONS m Consistent with the Code and this Charter, the By-laws of the Academy may set forth additional terms and provisions concerning the Board of Directors, officers of the Academy, standing or special committees, and other matters as may be convenient or necessary for the conduct of the business and affairs of the Academy; SECTION 6. EXECUTIVE COMMITTEE A. POWERS OF THE EXECUTIVE COMMITTEE m To provide for the efficient and effective operation of the Academy, and subject to all applicable provisions of the By-laws, the Executive Committee shall have authority to carry out all functions of the Academy on behalf of the Board of Directors. The authority of the Executive Committee shall be subject to the general control, authorization, and direction of the Board of Directors as may be provided from time to time. The executive committee shall oversee and be responsible for the day-to day operation of the Academy, giving due consideration to the needs of the participating jurisdictions for recruit and in-service training, and to maximize the benefits of available instruction in fixing the length and frequency of training, and to operate the Academy in an efficient and cost-effective manner. In connection with its duties the executive committee shall have the power to expend funds appropriated by the Board of Directors. B. CHAIRMAN AND LOCAL GOVERNMENT MANAGEMENT MEMBER -- The chairman of the Board of Directors shall serve as a member and as Chairman of the Executive Committee. One member of the Executive Committee shall be the chief executive or administrative officer ("member government manager") of one of the Academy's member governmental units, who shall serve a two-year term. The local government management member of the Executive Committee shall rotate each two years and shall be selected by and from among the member government managers in such manner as hereafter fixed by the By-laws. C. INITIAL MEMBERS -- The vice-chairman, secretary-treasurer, and five additional persons who, along with the immediate past chairman, shall serve as an initial executive committee. D. TERMS OF OFFICE, MEMBERSHIP, ETC. -- As contemplated by Code §15.2-1747(C) and consistent with this Charter, the By-laws of the Academy shall establish: (I) the permanent composition and terms of office of the members of the Executive Committee, (ii) procedures for the conduct of Executive Committee meetings, and (iii) such other limitations upon the authority of the Executive Committee as may be deemed desirable for the transaction of the Academy's affairs. E. QUORUM -- A quorum shall consist of a majority of the members of the executive committee initially fixed by this Charter or as hereafter fixed by the By-laws, and then in office. F. VOTING m At all meeting of the executive committee, all questions shall be decided by a simple majority of votes, each member of the executive committee 4 having one vote only. In case of an equality of votes, the Chairman shall have a second or deciding vote. SECTION 7. TERMINATION Termination of this cooperative endeavor shall occur only as provided in Section 3.B. In the event this Charter is terminated, payment and/or credit for furnishing and use of real property owned by a participant shall be adjusted ratably to the date of termination. All property shall be scheduled and valued by or at the direction of the Board and distributed in kind to the participating political subdivisions, and the Board shall be responsible for establishing a plan of winding down the business affairs of the Academy in accordance with Virginia law. Such plan shall include, but shall not be limited to, the payment in full of all outstanding debts or other obligations of the Academy. SECTION 8. MEMBERSHIP MATTERS A. NEW VOTING MEMBERS m Any governmental unit that operates a criminal justice agency in the Commonwealth of Virginia and which is not an initial member of the Academy may join the Academy by ratifying or adopting this Charter and upon a majority vote of the Board. A written application for admission must be delivered by mail to the business office of the Academy. As a condition of membership, the Board shall require the joining governmental unit to make a capital contribution toward the investment of prior member governmental units. The Board shall establish the required capital contribution by determining the proportionate share of investment and contribution made by each existing and former member government. B. NON-VOTING MEMBERS -- Any non-governmental entity that operates a special police force in the Commonwealth of Virginia may join the Academy as a non- voting member by ratifying or adopting this Charter and upon an affirmative vote of the Board. A written application for admission must be delivered by mail to the business office of the Academy. C. WITHDRAWAL OF MEMBER -- For a period of five (5) years from the effective date of this Charter, no withdrawal of a member shall be permitted, except by order of a court of competent jurisdiction or as may be otherwise specifically required by Virginia law. Thereafter, any member may withdraw from the Academy at the end of the fiscal year after having notified the business office of the Academy in writing of its intent to do so not less than six (6) months prior to the beginning of the next succeeding fiscal year ("notice withdrawal date"). Notwithstanding anything to the contrary, in the event the Academy shall have any current outstanding bonded indebtedness, the Board, upon receipt of a notice of withdrawal, may convene at any regular or special meeting and vote to require the withdrawing member to continue its membership for an additional period not to exceed twenty-four (24) months subsequent to the Notice Withdrawal Date. It is the intention of this provision to provide that the Academy be afforded, if necessary, an additional period of time to prepare for the orderly withdrawal of a member under this Charter. In lieu of a continued membership for an additional period pursuant to Board action as aforesaid, a withdrawing member shall have the option in its sole discretion to elect to pay to the Academy a penalty payment for such withdrawal. The amount of any such penalty payment shall be determined and assessed by the Board acting upon an affirmative vote at any regular or special meeting, and in determining the amount of same the Board shall take into consideration the pro rata portion of current outstanding indebtedness that is allocatable to the withdrawing member. Under no circumstances shall a withdrawing member be entitled at any time to restitution, rebate, or other repayment of any capital contribution to the Academy or any other investment hereunder. SECTION 9. GOVERNMENTAL IMMUNITY Pursuant to Virginia Code § 15.2-1752, the Academy shall be deemed to be a governmental entity exercising essential governmental powers, and the its directors, officers and employees shall be entitled to immunity in any civil action or proceeding for damages or injury to any person or property of any person to the same extent that counties and their officers and employees are immune. SECTION 10. EXEMPTION FROM TAXATION The Academy shall be exempt from taxation to the full extent provided by Code § 15.2- 1751 and as may be otherwise provided by law. SECTION 11. AMENDMENTS The Board of Directors is empowered to amend this Charter provided such amendments are made in one of the following manners: A, By approval of all the participating political subdivisions; or B. By approval of a majority of the Board of Directors at the annual meeting, or special meeting called for the purpose of amending this Charter, provided each political subdivision is notified in writing thirty (30) days prior to such meeting; or C. Such other manner as may be authorized by law at the time of the amendment. SECTION 12. REPORTS TO MEMBER GOVERNMENTAL UNITS As soon as practicable after the close of the Academy's fiscal year, the Board shall prepare, or cause to be prepared, and transmitted to the member governmental units an annual report of the Academy's activities and finances. The Board shall also prepare and present to federal and state officials such reports as may be required by law, regulation, or contract. SECTION 13. CONTINUATION OF OPERATION Upon the effective date hereof, the Academy shall operate as the successor and assignee of Central Shenandoah Criminal Justice Training Center, and acquire title to all such assets and property all liabilities shall be automatically transferred, assigned, conveyed, and otherwise assumed by the Academy. T:\61 ~JGWXCLIElqTS.GEN~CENTSHEi~CHARTER.3 rev:08/07/98 COUNTY OF ALBEMARLE AGENDA TITLE: Update on RFP 97-24 SUBJECT/PROPOSAL/REQUEST:. Proposal to cancel RFP 97-24. STAFF CONTACT(S): Messrs. Tucker, Huff, Davis, Cilimberg, Fritz AGENDA DATE: October 7, 1998 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes ITEM NUMBER: INFORMATION: INFORMATION: REVIEWED BY: BACKGROUND: RFP 97-24 was issued to solicit proposals to obtain services to provide independent engineering analyses of each application for special use permit for a wireless telecommunications facility. The sen/ices to be provided would have included reviewing and preparing propagation analyses, identifying feasible alternative sites, alternative antenna design, alternative tower design, and other related services. The cost for the services described above was expected to be at least $5,000 per application. Staff was investigating how to recover these costs by fees paid by the applicant. Although the selection process for RFP 97-24 has been narrowed to a single vendor, a contract has not yet been awarded. A recent decision of the Fourth Circuit Court of Appeals in a case arising from the City of Virginia Beach has caused staff to reconsider whether the services to be provided by RFP 97-24 are necessary. DISCUSSION: The services to be provided by RFP 97-24 assumed that the County needed to obtain independent expert analyses to review and either corroborate or rebut the evidence of experts submitted by wireless applicants in those areas beyond the expertise of County staff. However, the decision of the Court of Appeals in AT&T Wireless PCS v. City of Virginia Beach, a summary of which is attached, affirms the authority of localities, under their zoning power, to control the placement of wireless facilities, including towers. The court held that a decision to deny a request to construct a wireless facility for purposes of review under the Telecommunications Act of 1996 can be based on the complaints of ordinary citizens which rest on traditional bases for zoning regulation - such as preserving the character of a neighborhood or visual blight. This holding applies even in those cases when the applicant has submitted evidence from experts. In light of the Virginia Beach decision, staff is of the opinion that it is not necessary to retain an outside consultant to review applications for special use permits by wireless service providers. Any decision to deny a special use permit must satisfy the legal standard for the denial of a special use permit in state court (the reasonableness of the matter in issue must be fairly debatable). The development of a wireless telecommunications policy and implementing regulations, which will be generated with the assistance of Kreines and Kreines under RFP 97-23, will assure that the County's analysis of wireless applications satisfies all zoning requirements and the Telecommunications Act. RECOMMENDATION: Staff recommends that RFP 97-24 be cancelled. If the Board concurs, there is no need to address the fee issue at this time. 98.208 COUNTY OF ALBEMARLE MEMORANDUM TO: Board of Supervisors FROM: Larry W. Davis, County Attorney Greg Kamptner, Assistant County Attorney DATE: September'25, 1998 RE: AT&T Wireless PCS v. City of Virginia Beach On September 1, 1998, the United States Fourth Circuit Court of Appeals (whose jurisdiction includes Virginia) issued the first decision by a federal appeals court interpreting the wireless telecommunications provisions of the Telecommunications Act of 1996. The Court's decision in AT&T Wireless PCS v. City of Virginia Beach affirms the authority of localities to control the placement of wireless facilities, including towers. AT&T Wireless PCS and several other wireless providers challenged the City of Virginia Beach's denial of a permit to erect a 135 foot tower in the city, The highlights of the Court's opinion include the following: Localities need not issue a detailed written decision in order to support a decision to deny construction of a tower. The Court held that the Telecommunications Act's requirement of a written decision does not require a detailed statement of findings and conclusions, and the reasons or bases therefor. This holding is contrary to several earlier rulings of federal district (trial) courts across the country. The benefits of establishing a record in anticipation of a legal challenge in federal court may still justify the preparation of a detailed statement of findings and conclusions before the board denies an application. A decision to deny a request to construct a tower can be based on the complaints of ordinary citizens that the tower will damage the neighborhood, even when there is evidence from experts to the contrary. The Court of Appeals rejected the wireless industries' position that the evidence presented by wireless industry experts must always prevail over citizen opposition, stating that to do so would "thwart average, non-expert citizens; that is, to thwart democracy .... Congress, in refusing to abolish local authority over zoning of personal wireless services, categorically rejected this scornful approach." Of course, the denial must also meet the legal standard for denial of a special use permit in state court. Thus, the decision, which is legislative in nature, is presumed to be reasonable if the matter in issue is fairly debatable. Citizen opposition, alone, may not make the reasonableness of the proposed use fairly debatable. The denial of a tower siting request is not inherently discriminatory. The Court said that the Telecommunications Act explicitly contemplates that some discrimination among providers of functionally equivalent services is allowed; any discrimination need only be reasonable. The Court did not find unreasonable discrimination in this case because there was no evidence that the city council intended to favor one service provider over another, or one form of service over another, and because the citizen complaints rested on traditional bases for zoning regulation -- preserving the character of the neighborhood and avoiding visual blight. The provisions of the TelecommunicationsAct which state' that a locality may' not. enact laws prohibiting the provision of wireless services do-not prevent a locality from denying individual applications for wireless facilities. The Court affirmed that the Telecommunications Act's prohibition of general bans or policies does not extend to individual applications. To do so, the Court said, "would effectively nullify local authority by mandating approval of all (or nearly all) applications, a result contrary to the explicit language of [the Act] which manifestly contemplates the ability of local authorities to 'deny a request'." If you would like to discuss this case further or would like me to provide you a copy of the Court's opinion, please contact our office. The Court's opinion may also be found on the Internet at http:llwww, law.emory.edu14circuitisept98/972389.p.html. ATTCASE2.DOC CouNTY OF ALBEMARLE EXECUTIVE, ¢;~I=~'E DAVID R. GEHR COMMISSIONER BOARD OF SUPERVISORS COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, 22911 September 22, 1998 Board of Supervisors Meeting, September 2, 1998 A. G. TUCKER RESIDENT ENGINEER Ms. Ella Carey, Clerk Board of Supervisors 401 Mclntire Road Charlottesville, VA 22911 Dear'Ms. Carey: We offer the following Comments regarding..transportation matters that. were discuSSed attheSeptember 2, 1998/Board meeting:'-- · The .DePartment has met with a property owner, Ms. Marion Collins on Union Mission Lane, the railroad crossing west of ConAgra on Route 240.~ We are reViewing the potential' to take this road into the state system for maintenance. The existing road falls mainly Within :the CSX Railroad right of way and we are awaiting some information from the Department of Rail and Public Transportation regarding any restrictions to public use. We will keep the Board advised of any progress on this matter. We have repaired shoulders along both Route 250 east and west as requested. We have requested a multi,STOP review of the intersection at Grassmere Road and Morgantown Road. We will advise the Board of the outcome of this study once it has been completed. · I have discussed with Ms. Berne the school zone and safety issues regarding the Montessori School at Pantops on Route 250., .School.zone flashing lights are funded, installed'and maintained .bY schoOls Under Permit to the · We are reviewing the changes in the Primary Road Allocations as outlined in :'·~ V.' Wi Cilimbe?g;~"sePtember 10, 1998,'4etter and Wiil:resP0nd directly to Mr. Cilimberg and COpy the' Board. TRANSPORTATION FOR THE 21ST CENTURY Ms. Ella Carey, Clerk 2 September 23, 1998 Please share this information with the Board. I will be prepared to discuss these matters at the October 7, 1998, Board meeting. Sincerely, AGT/smk Building Code Information (804) 296-5832 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 223 Charlottesville, Virginia 22902-4596 FAX (804) 972-4126 TTD (804) 972-4012 Zoning Information (804) 296-5875 MEMORANDUM TO: FROM: Members, Albemarle County Board of Supervisors Amelia G. McCulley, Zoning Administrator 0b~k.~ DATE: September 22, 1998 Enforcement of Home Occupation Regulations and Conditions of Approval Several questions have recently arisen relating to the regulation of home occupations. These include the question of what performance standards are generally applicable and to what extent the applicant acknowledges acceptance of these requirements. An ongoing periodic inspection is suggested for a proactive compliance program. Zoning violations cannot be completely prevented nor can they all be detected, regardless of how many staff we have or how efficient we are. We attempt to strike the balance between reasonably and appropriately administering regulations and oppressive enforcement. Citizen-based complaint provides most of the information about noncompliance and nuisances. By this memo, I will explain the standards for operation to which all applicants agree. In addition, I will note measures which are presently undertaken to ensure compliance and discuss suggested enhancements to the enforcement program. Prior to the issuance of approval of a home occupation class A or B, the applicant must sign a statement indicating an understanding of and intent to comply with the six standard ordinance requirements (Sect. 5.2.2.2). One of these requirements includes compliance with all of the performance standards applied to industrial uses, such as maximum vibration, glare, air or water discharges (Sect. 5.2.2.1). A class B home occupation is only permitted by special permit and as such is routinely subject to conditions in addition to the ordinance requirements. The positive finding that a specific use may be approved for a particular location relies upon compliance with these special permit conditions which define and restrict the operation of that use. Depending on whether the use is new or an expansion of an existing use, whether it involves construction or does not, one or several processes may generate the opportunity to check for compliance with conditions of approval relating to a zoning application. If a site has been in violation, there is also a compliance review by the Zoning Inspector who follows up to abate the file. The processes which initiate a compliance review include: 1. Approval of a site plan or subdivision plat 2. Issuance of a building permit - (New construction) Members, Albemarle County Board of Supervisors Memorandum Page 2 Issuance of a zoning clearance - (Any neW business or change of owner will need a zoning clearance) 4. Zoning compliance letter - (These are requested by a lending institution, owner or purchaser to verify the zoning approvals for property) Subsequent to the approval of a special permit, future applications for the property may cause a compliance review. We have a growing database of all prior zoning applications and are expanding a tracking system for those which are under review. In addition, We are working on developing improved calendar systems for the review and reminders of scheduled action or inspections. This scheduling includes items such as the submittal of annual reports on tower sites. Routine compliance inspections for designated sites would be problematic and are limited by available manpower. Furthermore, these inspections will not completely prevent and eliminate violations. We cannot distinguish which sites warrant proactive inspection while others are less likely to violate and may not. We could not justify enforcement which singles out one type of application (home occupation class B or some other zoning application) or just certain approval years. Let me further describe the zoning inspection program. As is typical in most localities, we rely to a great extent on citizen complaint to inform us of violations. Regardless of the number of staff, the Zoning Inspectors are practically prevented from being proactive in all of their enforcement areas by the size of the County. These same staff also inspect: new commercial sites for compliance with site plans, residential sites for accessory structures and applications for signs. They are the enforcement staff for all special permits, rezoning proffers, variances, signs, zoning clearances and accessory tourist lodging. Without more in-depth study it is impossible to know the numbers of approved and currently active applications; however, we do know that excluding site plans and the 2,000 or so new building permits per year, there haVe been over 14,000 zoning applications ever submitted. As a conservative estimate 6,000 plans have been submitted. The numbers of applications for building permits, variances, rezonings, special permits and signs have been trending upward and have greatly increased this year. There are as many as 300 home occupation class A permits approved in one year. New regulations such as the lighting ordinance expand the Zoning Inspectors' responsibilities. This illustrates the varied and increasing workload on the Inspectors. The majority of zoning enforcement originates from citizen complaint on violations which are not related to prior application approvals. The most common of these relates to cases involving junk cars or trash. These cases are labor-intensive and may result in legal action. Of the approximate 850 zoning applications and 2,000 building permits approved per year, the percentage which involve violations is the minority. As an example of the 67 special permits in 1997, about 5 were in violation. Those violations we know of are resolved through voluntary compliance or legal action. There are frequent circumstances in which we work cooperatively with the Police Department on a particular site or activity. In addition, they parmer with us and provide a Police presence as needed if a situation may be threatening. In the event that the Board chooses to undertake a more rigorous enforcement program, staff recommends that this is done with the understanding that it necessarily is an increased level of involvement in the public, it should be applied evenly to all applications and it will require additional manpower. Please let me know if you would like further discussion on this. Building Code Information (804) 296-5832 COUNTY OF ALBEMA_RI F_ Department of Building Code and Zoning Services 401 Mclntire Road, Room 223 Charlottesville, Virginia 229024596 FAX (804) 9724126 'FrD (804) 972-4012 Zoning Information (804) 296-5875 September 25, 1998 Bill Brent Executive Director Albemarle County Service Authority P. O. Box 1009 Charlottesville, VA 22902 RE: Camelot Sewage Treatment Plant Zoning Use Determination Dear Mr. Brent: I am writing to discuss the zoning implications of the use of the Camelot Sewage Treatment Plant by the Rapidan Service Authority (RSA) or any entity other than the Rivanna Water and Sewer Authority. The Albemarle County Zoning Ordinance permits as a use by right in every zoning district: "treatment facilities, pumping stations and the like, owned and operated by the RWSA." Because the zoning ordinance is specific in stating that the RWSA is the entity which shall own or operate the facility, there is presently no provision for RSA to own and/or operate the Camelot Sewage Treatment Plant. In order for this to occur, an amendment to the zoning text is necessary. Staff recommends that if the ordinance amendment is pursued that this be proposed as a use by special permit. Appropriate language for the special permit category of use is "treatment facilities and pumping stations and the like not otherwise permitted." Special permit review allows consideration of land use implications, which Would not be available with a use by right. The upcoming deadline for filing a zoning text amendment is November 16th. Please let me know What I can do to assist with the application process. If you have any questions, please do not hesitate to contact me. Sincerely, Amelia G. McCulley, A.I.G(P. - ~ ~ Zoning Administrator Cc: File Ella Carey, Clerk Board of Supervisors Robert W. Tucker, Jr, Art Petrini Building Code Information (804) 296-5832 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 223 Charlottesville, Virginia 22902-4596 FAX (8041 972-4126 'FFD (804) 972-4012 Zoning Information (804) 296-5875 September 4, 1998 Cheryl Stockton Kirk Hughes & Associates 220 East High Street Charlottesville,Virginia 22902 Fax 295-7540 Re: Official Determination of Number of Parcels - Section 10.3.1 Tax Map 89, Parcel 65 Dear Ms. Stockton, I have reviewed the information you have submitted for the above-noted property. It is my official determination that this property consists of one (1) parcel. On the date of adoption of the zoning ordinance, this property consisted of about 124.92 acres as described by Deed Book 611 Page 494. At that time, this parcel was entitled to five (5) theoretical development rights. As a result of subdivision of this property in 1998 so as to create lot#1 with one (1) development right (DB 1712 Pg 452), the residue of 118.3 acres now has four (4) theoretical development rights. In making this determination I have considered the descriptive clauses of the relevant deed, which delineate and enumerate the property as consisting of "all that certain tract or parcel of land." More importantly, I have relied on the plat by William S. Roudabush, Inc. and Associates, dated December 28th, 1976 that is attached to the deed. The plat is entitled "Plat showing a survey of 124.92 acres consisting of property." Although the plat states the three deed books that are the source of the property, it shows the property as a single parcel. The land is treated as one parcel by the legal instruments of the deed and plat. As far as I understand, the ownership is continuous and the land is not separated by a state road, railroad or the property of others. Letter to Cheryl Stockton September 24, 1998 Page 2 My determination is further supported by the plat that was recorded in DB 1712 Pg 452 in June 1998, which creates lot#1 of 6.654 acres. Note #15 states "Lot 1 is allocated one development right and four development rights are allocated to the remainder of Tax Map 89, Parcel 65." If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 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 of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, Amelia G. McCulley, ~.~m. ~ Zoning Administrator Samuel Miller Magisterial District One parcel by tax map, one parcel by determination CC; Benjamin Warthen or Terry Gwyn, owners ~.ila Carey, Clerk to the Board of Supervisors ~SCHOOLS Monticello High School Stony Point Parking and Playfield WAHS Site Improvements Crozet School Level Spreader Chiller Repl. AHS/Hollymead Henley Middle School Addition Stone Robinson Addition PREP Facility VMF Facility Henley Roof Replacement Jouett'Roof Replacement Northern Elementary School Subtotal ADMINISTRATION & COURTS COB Space Study Old Crozet School Roof & Windows General District Court Ceiling/Lighting General District Court Stormwater Drainage Courts Space Needs Study Keene Landfill Remediafion COB Maintenance Program: Misc. Building Renovations UST Replacement (~ COB COB Additional Parking COB Auditorium Renovation COB Chiller & Mechanical Projects Subtotal HIGHWAYS & TRANSPORTATION Mill Creek Drive Area Master Plan Greenbrier Sidewalk Adams Court Street Lighting: Airport Acres Rio/Old Brook Road Commonwealth Drive Hydraulic Road (Inglewood to Georgetown) Hydraulic Road (Georgetown to AHS) Hydraulic Road (AHS to WhiteWood) Whitewood Road Area Marshall Manor West Leigh Drive Rural Addition Barracks Road Sidewalk Wilton Farm/20 Sidewalk Entrance Corridor Landscaping Subtotal COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS FY 98199 PROJECT REPORT Scheduled Budget Completion % Complete 29,743,000 07/31/98 99% C 147,000 10/30/98 90% C 270,000 11/30/98 95% D 10,000 12/30/98 95% D 425,000 05/31/99 5% C 2,003,000 06/15/99 20% C 2,500,000 06~30~99 16% C 3,000,000 07/05/99 5% C 600,000 07/21199 1% C 422,185 08/15/99 99% P 422,185 08/15/99 99% P 8,900,000 07/01/01 5% P $48,442,370 10,000 10/30/98 0% P 282,000 11/01/98 50% C 13,000 11/01/98 95 %P 12,000 12/01/98 95% P 50,000 06~30~99 50% P 170,600 06~30/99 50% P 10,000 09/30/98 50% D 120,000 12/01/98 100% P 20,000 06130/99 50% P 50,000 06~30~99 0% D 600,000 03/01/00 95% P $1,337,600 15,000 11/15/98 10% P 10,000 10/30/98 75% C 3,800 11/02/98 90% D 1,500 04/30/99 95% D 0 04/30/99 95% D 16,000 04/30/99 95% D 8,000 04/30~99 95% D 7,000 04/30199 95% D t,500 04/30/99 95% D 15,000 04130199 95% D 1,500 04/30199 95% D 300,000 12130198 95% D 51,000 12/30/98 90% D 400,000 06/30/99 99% P 20,000 06/30/99 5% P $850,300 Updated 09/23/98 Notes Closeout in Progress-12/01/98 Substantial Completion 09/04/98 Notice to Proceed 09/14/98 NE Interviews 10/98 Roof in '98, Windows in '99 Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Public Hearing to be Scheduled Applicant Obtaining Plat Signatures Under Review w/VDOT Unfunded Initiative LEGEND: P = Programming D = Design B = Bid C = Construction STORMWATER CONTROL PROJECTS Design Standards Manual - Needs Assmt. Teakwood Drainage Channel Moores & Meadow Creek Studies Windham/Jarman Gap Channel Ricky Road Lynchburg Road Storm Sewer Peyton Basin Woodbrook Channel Phase II Westmoreland Ct. Drainage Improvements Master Drainage Study Design Standards Manual- Final Design Four Seasons Basin/Channel Birnam Basin Minor Ridge Drainage Improvements Subtotal PUBLIC SAFETY UST Removal @ Regional Jail Regional Jail Addition Police Academy Training Facility Juvenile Detention Facility Subtotal PARKS & RECREATION Chris Greene Lake Pier Scottsville Baseball/Soccer Field Walnut Creek Picnic Shelter Rivanna Greenbelt Crozet Park Fields Subtotal 11 6 184 82 39 17 500 156 500 28 035 30 000 205 400 38 000 119 200 98,485 30,000 $1,047,6oo 98O 000 600 000 900 50,000 16,755,000 6,250,000 7,200,000 $30,255,000 90,000 40,000 50,000 150,000 640,000 $970,000 TOTAL $82,902,870 09/30/98 09/30/98 10/30/98 10/30/98 10/30/98 10/30/98 12/30/98 12/30/98 12/30/98 12/30/98 03/30~99 06/30~99 06/30199 06/30/99 11/15/98 12/01/99 10/15/00 04/01/01 02/01/99 04/01/99 04/01/99 06130/99 06/30/02 90% P 10% D 95% D 5% D 5% D 5% D 5% B 50% D 10% D 0% P 0% P 10% D 30% D 5% D 100% B 19% C 95% P 90% P 0% C 90% P 90% P 15% P 75% D Finalizing Scope of Final Design Finalize and Closeout Reevaluating Need Reevaluating Need Reevaluating Need Bids Open 09/29~98 Develop Strategy for Next Watershed Preliminary Design/Land Acquisition Notice to Proceed-10/13/98 Master Plan & Field Restoration File: I:~ept~engineer~clp~tatus\proJect report by classificaflon.xls LEGEND: P = Programming D = Design B = Bid C = Construction BOARD OF SUPERVI$© COMMONWEALTH of V IRGINJA DEPARTMENT OF EDUCATION P.O. BOX 2120 RICHMOND 23218-2120 September 3, 1998 Mr. Kevin C. Castner Superintendent Albemarle County Public Schools 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Castner: Your application for support under Title I of the Improving America's Schools Act of 1994, as amended by Public Law 103-382 for school year 1998-99, has been approved for the amount of ~. This amount is less than your total FY99 allocation. Atyour convenience, please prepare a project amendment to reflect this adjustment in funding. This project is expected to be operative from ~ to September 30= 1999; per information contained in your application and has been assigned STATE PROJECT NO. ~ Your grant is subject to the provisions of Tfde land T~le XIV, as appicable, of the Elementary and Secondary Education Act and the General Education provisions Act (P.L. 103-382). This grant is also subject to the True ! regulations in 34 CFR Part 200 and the Education Deparlment General Adminislrative Regulations (EDGAR) in 34 CFR Parts 76 (except for 76.650 - 76.662 {Parlicipation of Students Enrolled in Privats Schools}), 77, 80, 81, 82, and 85. In addition, this grant is subject to an audit in compliance with OMB CircularA-133 and to regulations included in the related compliance supplement. Please follow the instructions listed below when requesting reimbursement under Public Law 103-382, TrUe I Grants to LEAs - CFDA 84-010A): · Submit reimbursements monthly. · Send original and one copy of reimbursement to our office. · Attach supporting documentation to original reimbursement. · Make one copy for your files. If you should have questions, please feel free to contact us at (804) 225-2901 or (804) 225-2869. SCJr:GHl:hmt Enclosure copy: Sincerely, .~ ~Jr~ Title I Specialist Office of Compensatory.Programs Francine W. Hughes, Title I Coordinator ~'Chairman, Board of Supervisors Blue Ridge Executive Transportation, Inc. 977 Seminole Trail, #286 Charlottesville, VA 22901 June 9, 1998 Forest Marshall Chairman, Board of Supervisors - Albemarle County 401 Mclntire Rd Charlottesville, Virginia 22902 Dear Mr. Chairman: Blue Ridge Executive Transportation, Inc. is in the process of applying for operating authority for limousine service pursuant to Virginia Code Sec. 46.2-2500. As such the company has caused the following Public Notice to be published in the Daily Progress and we are sending you a copy for your review and awareness. Public Notice Notice is hereby given of an application for a Limousine Carrier Certificate by Matthew Hantzmon on behalf of BLUE RIDGE EXECUTIVE TRANSPORTAITON, INC., 977 Seminole Trail - #286, Charlottesville, Virginia 2290 I. Any person, group or corporation desiring to support, oppose or protest this application must notify DMV by submitting a written statement before 5 p.m., October 12, 1998 to: DMV; Motor carrier Services-CMU, Room 609; P.O. Box 27412; Richmond, Virginia 23269-0001. Written statements should clearly indicate the application for which the comments are directed and state any evidence or information to be considered regarding this application. The certificate would authorize the holder to provide limousine services in all points of Virginia. A complete description of the author/ty requested can be obtained from DMV Motor Carrier Services at 804- 367-0268. Very Truly Yours, Matthew W. Hantzmon Chairman Blue Ridge Executive Transportation, Inc. OF SUPERVISORS ABG - FINANCIAL SERVICES, INC. September 10, 1998 P.O. Box 8 CHURCHVILLE. MARYLAND 21028 410-879-9918 FAX 410-838-5360 Ms. Arlene Hemandez 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. Hemandez: Enclosed please find a copy of the Bond Program Report for the above referenced project for the month of August 1998. 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 09-'t4--98A'10:4~ ECvL3 BOARD OF SUPERVISORS Effective August 31, 1998 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED INSTRUCTIONS TO: ABG Financial Servmces, Inc. P.O. Box 8 Churchville, ~D 21028 Arbor Crest Apartments (Hydraulic Road Apts.) Charlottesville, VA 21202 Pursuant to Section 7(a)of the Deed Restrictions (the "DEED Restrictions"), 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 (THE "PROJECT"), that as of the date shown below: 1) 2) 3) 4) 5) 6) The number of units in the Project occupied by lower income tenants is 15. The number of units in the Project unoccupied and held available for Lower Income Tenants is 0. THE number of units rented and the number of units held available for rental other than as described in (1) and (2) is 51. The percentage that the number of units.described in (1) and (2) hereof constitute of the total number of units in the Project zs 23%. 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 under 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 September 1998 RI C~MOND -ALBE~%~LE LIMITED PARTNERSHIP, A VIRGINIA limited partnership AUTHRO I ZED REPRESENTATIVE Property: BOND PROGRAM REPORT Arbor Crest Apartments (Hydraulic Road Apts.) Project #: 051-35371 Location: ~ Charlottesville, VA Number of Units: 66 Submitted by: Loretta Wyatt, Community Director September 3, 1998 Effective 8/31/98 (Date) Total Occupied: 66 Bond Occupied: 15 t. LOWER INCOME The following units have been designated as "lower income" units 1 4 Arbor Crest Drive Beverly T. Lane 2 6 Arbor Crest Drive Wilma M. Atkinson 3 7 Arbor Crest Drive Ruth M Jones 4 '9 Arbor Crest Drive Virginia Burton 5 14 Arbor Crest Drive Lennie P. Leake 6 18 Arbor Crest Drive Ann S. Kemp 7. 30 Arbor Crest Drive Mary Cox Allen 8. 44 Arbor Crest Drive Carolynn Atherton 9. 56 Arbor Crest Drive Helyn E.O'Boyle 10. 70 Arbor Crest Drive Ernest M. Nease 11. 76 Arbor Crest Drive Ann G. Saylor 12. 84 Arbor Crest Drive J uanita Boliek 13. 88 Arbor Crest Drive Nancy G. Foley 14. 90 Arbor Crest Drive Betty B. EIliott 15. 94 Arbor Crest Drive M. Eileen Knick 16. 17. 18. 19. 20. The changes from previous report reflected in the above listing are: Deletions I - -'. : : .'-':-. .Reed M,",'-,_-,d 1 2 ~L;rest'Dhve ~Trr~ecr~ 2 3 3 4 4 5 5 Additions FY 99/00 Operating Budget Calendar October 98 S MTWT F S I 2 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 29 30 31 November 98 S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I December 98 S MT WT F S 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 13 Revenue Projections Submit- ted By Finance November 4 Budget Guidance From Board of Supervisors Joint Board Meeting l 7 Planning Commission Work- session on CIP 24 Planning Commission Public Hearing on CIP (if desired) December 2 3:30 PM Joint Meeting w/ School Board (Legislative Issues) Board Worksession on CIP January 13 Board Holds Public Hearing on CIP 19 Presentation of School Budget to School Board 21 Public Budget Discussion- Schools 23 School Board Budget Worksession 26 Public Budget Discussion- Schools March 22 Board Worksession 24 Board Worksession 25 Additional Work Session, if needed April 14 Public Hearing on Proposed Budget 16 Additional Worksession (if needed) 21 Board Adopts FY99/00 Budget, Sets Tax Levy Board Adopts FY99/00 CIP Budget Board Approves FY 99/00 - 03/04 CIP April 99 S MTWT F S I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 t May 99 S MT WT F S 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 99 ] S MTWT F SI 6 7 8 9 10 11 12 I 13 14 15 16 17 18 19 I[ 20 21 22 23 24 25 26 I I January 99 S MT WT F S ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 February 99 S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27 School Board Budget Worksession 29 General Fund Balanced February 3 School Budget Public Hearing & Worksession Supervisors/School Board Budget Discussion l 0 Board approves FY 99/00- 03/04 CIP School Budget Final Workes- sion & Adoption 17 School Budget Submitted to County Executive March 3 Budget & Final Agency Report Sent to Board July 99 S MT WT F S 1' ~-~J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 99 S MT WT F S 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 99 I S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 Public Hearing on Recom- mended Budget 15 Board Worksession 17 Board Worksession Printed by Calendar Creator Plus on 9/30/98 September 99 S MT WT F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DAVID R. GEHR COMMISSIONER OCt 0 6 COMMONWEALTH o/ DEPARTMENT OF TRANSPORTATION {{{l~d~ {~m {~O. 701 VDOT WAY CHARLOTTESVILLE, 22911 A. G. TUCKER RESIDENT ENGINEER October 5, 1998 Town of Scottsville Road Improvement Requests Mr. Juan Wade County Office Building 401 Mclntire Road Charlottesville, VA 22902 Dear Mr. Wade: We are currently reviewing the seven (7) requests for road improvements as outlined in the September 4, 1998, letter from Steve Phipps, Town Council member. Item #1 can be addressed through the Secondary Six Year Plan, however, the intersection is severely substandard and the alignment of Route 795 should be improved. We will review the cost/benefit ratio of this proposed improvement and advise the County if the project is a reasonable one. Item #2 should be requested at the Primary Preallocation Hearing as the work involves changing the vertical grade to Route 20. Items #3 - 7 are being addressed through separate field reviews. We will share the results of these studies with you once they are complete. With respect to your letter dated October 2, 1998, the following information is provided. Currently there are no roads eligible for Pave-in-Place applications on the Six Year Plan. We will update traffic counts on all Six Year Plan projects over the next year as requested. The Board of Supervisors requested information regarding changes in the 1999 Primary Six Year Plan. ~Vhen a project is originally placed in the Interstate/Primary/Urban Six Year Plan we establish costs based on. eneral criteria such as proposed length, number of lanes, etc. These estimates are, at best, an educated uess. As the project progresses through scoping, field inspection, and final plans, we are able to periodically )date our estimates based on more accurate information. The estimate is again updated once the contract is twarded and we have an actual contract price. As construction progresses and.we encounter )verruns/underruns, work orders, etc., the allocation can change again if these items are significant. Once the )roject is complete and all costs are known, the allocation will change again to reflect these actual costs. The District is given a finite number of dollars for each year.of the Six Year Plan. As costs increase on ,rojects under construction and nearing construction, allocations for projects further out in the plan are ecreased to provide the needed money. TRANSPORTATION FOR THE 21ST CENTURY M.~. Juan Wage Town of Scottsville Road Improvements Requests Page 2 October 5, 1998 Considering the above, the following are answers to Mr. Cilimberg's questions: For the Route 29 widening project, from Rio Road to S. Fork Rivanna, we had an increase in cost of approximately $1.3 million for overruns and work orders (sidewalk, etc.). Also as the project took longer to complete than anticipated, we had increased construction engineering costs. The revised allocation reflects actual costs incurred. For the Route 29 widening project, from S. Fork Rivanna to Airport Road, the estimate is still a guess as we have not settled on the scope of work. Money in the plan was moved to finance more current projects. Once the scope of work has been established, a more accurate estimate will be established and a realistic funding schedule will be established in the Plan. For the Route 29 bridges over S. Fork Rivanna, we now have an estimated construction cost based on design plans. The money in the Plan reflects this updated information. The right of way is not available on Route 667, Catterton Road, from Route 776 to Route 601. When complete right of way is unavailable by donation to improve gravel roads, the project is either deleted from the plan or moved to the lowest priority in the plan. As this section of Route 667 is not Currently in the Six Year Plan nor on the priority list, our recommendation is to withhold the project from the plan until the property owners formally request its inclusion after dedicating the necessary right of way. If you have any questions or need additional information, please let me know. Sincerely, AGT/smk COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 M¢lntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 September 10, 1998 Angela Tucker Resident Engineer 701 VDOT Way Charlottesville, VA 22911 Dear Angela, Thank you for attending the Board of Supervisors September 2, 1998 meeting. As we discussed, I am sending you several items the County would like for VDOT to review. · The County requests VDOT to review the unpaved roads that are already on the Six Year Priority List to determine which, if any, are eligible for pave-in-place. The County requests VDOT to conduct updated traffic counts for as many of the projects on the Six Year Secondary Priority Plan as possible before the 2000-2001 update. The County requests explanation regarding several significant changes in the 1999 Tentative Primary Road Allocation Plan (Attachment A) as compared to the 1998 Final Allocation Plan. These changes include: Rt. 29: Widening from 4 to 6 lanes from Rio Road to S. Fork Rivanna. The total cost of this project increased by approximately $2,000,000. Rt. 29: Widening from S. Fork Rivanna River to Airport Road. Funding for this project over the five common years has decreased by approximately $5,800,000. The total project cost has increased by close to $7,000,000. Page 2 September 10, 1998 Rt. 29: Bridge replacement at S. Fork Rivanna River. The project total cost increased by approximately $1,000,000. If you have any questions, please feel free to contact me or Juan Wade. Sincerely, V. Wayne~ D~rector of Planning ~d Com~umty Development attachment To: From: Subject: Date: Members, Board of Supervisors Ella Washington Carey, CMC, Clerl~ Reading List for October 7, 1998 October 2, 998 March 17, 1997 July 27, 1998 (A~ JB~ J~l;2, 199°~ Mr. Perkins Mr. Marshall Mr. ~WC August 12, 1998 (Re elevation of the site as well as the tower height are important because of terrain and foliage in the area. Clearing trees by 40 feet is necessary because they do not have lust one line of trees, but a dense forest all the way down to the road and on both sides. Included in the Board's packet are some scatter plots which indicate the current coverage hole, as well as the coverage tha5 would be obtained from this mountain site. Mr. Ross said that at the County's request, 360 looked at various alternatives to lessen the impact on the area. One alternative was to have 60-foot towers used along the roads to approximate the same coverage. Because of the dense foliage in the _~, at about 60 fe~9~ fr~m thc t~he signal will attenuate quickly. It will not work~s__ per se free space--Ioss~'The height above the trees is ---lmperanive. ~as~ on t~ia~gnod=~~u~are, in order to obtain the same coverage area, there would be a need for 20 to 24, 60-foot poles. This is modeling software that is used throughout the industry, and is an approximation only. That is why the location on the top of the mountain is optimal. He said that Mr. Denny will talk about the other option, that is the six, 100-foot towers. He said that when you get 40 feet above the urees, the number of towers decreases because the signal will propagate further. Mr. Bob Denny ~aid he is a consulting engineer in the field of telecommunications. He will speak about the studies he did in conjunction with 360 to verify that they were picking the most appropriate site in the vicinity to achieve their objective. He uses modeling software which is somewhat different from that used by 360. He also visited the area to personally see what the area looked like. He did an analysis and reached the same conclusion that 360 presents in their scatter plots that the Fitzgerald property is the best site to achieve the objective. He prepared some figures for the Board to look at which are simpler than the scatter plots which the industry uses (the report was included in the Board's packet tonight). Included is a terrain profile for a section through Dudley Mountain looking to the north. The Mountain looms above Routes 29, 706, 631 and other areas in the vicinity. Route 29 is about 500 feet above mean sea level and rises up to 650 feet above mean sea level. On the top of the mountain there is an overall elevation at the base of the proposed tower of 1580 feet. The difference of over 1000 feet in height enables 3~0 to construct a single site that will serve a large geograph~.c area. Mr. Denny said he tried to identify a couple of other sites in the vicinity that might be viable and compare them to the site 'that was selected. Engineers in his office looked independently at the site area, and all selected a site somewhere on the top of Dudley Mountain. They were then asked to pick a second and a third site. They prepared shadow studies which he explained to the Board. He said that while Dudley Mountain is far from perfect, it allows unobstructed service to the areas that lie east and west of the mountain where the major roads come through. Mr. Denny showed another figure of an assumed site further south near Red Hill. He picked the site because it is at a relatively high elevation and there was another use of the land which indicated a tower would be 'appropriate on the site. He said that tower would only provide service to the area to the west of the mountain leaving a larg~ area to the east with no service. That means that additional sites would need to be placed on the east side of the mountain to provide service. He picked another site further to the north on Gibson Mountain which would be a good site to serve only Route 29. But then, Dudley Mountain serves as an obstruction and would block out the eastern side. Basically, this 9ives an idea in a schematic way of why Dudley Mountain is such a g~o~ a~a. Based on these and other studies, his firm concurs that the need for the site exists and that the Dudley Mountain site i~ a good si~e. Mr. Denny said Mr. Gibson had touched on three points which he would like to mention again. This is the best site. This is an unique site. In the entire vicinity in which a site could be located, this is the best site. It has unique characteristics that provide service to the largest geographic area with the fewest number of towers and the shortest of possible towers. If the tower is not located on the top of Dudley Mountain, there would need to be additional sites on both the east and the west sides of the mountain to fill in the areas that could be served by a single tower. If tower height ~s limited to 100 feet above ground level, it could take as many as six, 100-foot towers located at other sites off of the mountain to provide comparable coverage. They also looked at the theory which was advanced to use a number of small poles along the side of the road to provide service. There would be a lot of poles. It would be difficult to tell if the poles would work until they were put up. Wooden poles are a terrible maintenance problem for supporting towers and are not particularly nice to look at. They don't give August 12, 1998 (Regular Night Meeting) (Page 16) feet of his property on the other hand. He finds that ironic. He said this ~ower would directly overlook his property. Looking from the Fitzgerald property, it goes out on a spit right along the ridge, and his property is to the right of that. Any erosion on that property will come down his property and the Wood's property on the other side, not on the Fitzgerald property. He has never been able to log but about 1200 feet on his property because it is too s~eep. He had loggers look at it and say there is no way they would work on the property. There are some logging roads on his property and the adjacent property that are badly eroded. He has never seen the road mentioned, but on his property where it is the same steepness, there, is no way To build a road. Dudley Mountain is the tallest mountain around Charlottesville. One must go all the way to Southern Albemarle and the Blue Ridge Mountains to find taller mountains. It is taller than the Southwest Mountains. It is 100 feet taller than Carter's Mountain. It is one of the most beautiful mountains in the area, but is generally not recognized because it runs toward Charlottesville. It is a beautiful area and the reason they bought the Eagle Crest Christmas Tree Farm about 15 years ago. Mr. Thornton said normally he does not like 'to give his qualifications, but the Board has heard a lot of expert opinions t~night. He is a Professor of Physics at the university of Virginia. He has been there 30 ye,ars, and he enows something about communications. He knows about electromagnetic waves. · ,~ Ibcut ,.,~hs and frequencies. He questions a lot of the things ~ has heard ton.ight. ~this is completely outmoded technology. As he speaks right' now, the~an~ystem,, base35 satellitest . up. in space. The are to start with~q~ue "D~c~Tracy syst m wi hin a month or two. Y ' orl~-~ll be able to h a o table communication s stem and Anybody in the wor/~ill be able to have p r y talk to anyb?~else in the world. He said that most people will no.t be able to buy,system for a few years because of its costs. It is hard to ~ma~q~,~ what technology will be in 10 years. He thinks this system is not ~a~'--~o~d technology. He has a cellular phone and uses it at ~s farm. He has never had any problem with it. It works fine. He has ridden along Routes 706 and 631 and never had any problems. He said that electromagnetic signals do not need 40-foot clearance. Electromagnetic ~ signals, even the high frequencies and short w~v~_engths, do . '.- ~ ~ leaves. He does not believe a leaf will bloc~or of eight of a signal. The statement that a 40-foot clearance is needed to go down in the valley is ridiculous. It is right below the valley where the signals are the strongest. He has heard a lot of inconsistent statements tonight. He sees no evidence that this tower is needed. He said that 40 feet out of a 1600-foot mountain makes little difference. He can hardly believe that going 40 feet more above the tree line is going to matter when there is a mountain 1600 feet tall. . Mr.~David Van Roijen said he gave a lot of. suggestions at the Planning Co~missi~ meetin~on this subject. Tk~ is a ru~tAarea ~a~_o~q~ promised ~tn~o~fect ~rage ~~~.~p.a~c~~ askin - ~iv+~ose~tlv~~ers who want ~ ~h?/mo~ey with the chee~s~tower, the fastest way. He congratulates the ~m~rd for having hired a consultant who can tell whether these people are telling the truth. There was a petition which was signed and handed ~o the Planning Commission. He has 40 neighbors on his side of the mountain who did not want the tower, who have other, suggestions, and .who are willing to work with the cellular companies to find locations. He realizes this is probably their ideal, Cadillac of a tower location, but the neighbors in the area don't want it. He does not think they have to have it to be able to have cellular communications. Mr~ van Roijen then handed~to the Board copies of the petitions. Likewise, it has been said that if one has a more powerful hand held unit, there is not as much trouble. They don't tell the public this when they give them the phones. Why not say, we are sorry, we don't have a lot of coverage in this area, and we can sell you a more powerful phone and with a better battery, etc. That seems to be a better alternative than putting up the towers everywhere. The more important thing is., these people are saying they want this one tower, but can this Board promise his neighborhood that this is the only tower or will there be six other applicants come in for towers. Then, within two years, will they say they need more capacity, so need to add more towers, etc.? He said he and his neighbors want to know when the Board approves a tower in their area, that this is what it is going to be and that is it. They do not want to be tortured. He has been to these meetings many times in the last couple of years. Why not get the County's consultant on board and geu him uo tell the Board what it really needs to know. He asked that the Board deny this application. August 12, 1998 (Regular Night Meeting) (Page 18) elevation on an adjacent ridge that runs parallel with Dudley Mountain. He looks straight at it. Et is in his backyard. He is in opposition To it. He has concerns about erosion for the neighbors who live in the general area. He hopes the Board is opposed and said he would like to keep Dudley Mountain like it is. Mr. T. K. Woods said he is from the other side of the mountain at Arrowhead. He is the guy, with his cousin, who has put all of their property in a conservation easement just so this sore of thing would not happen. They own the property which is adjacent to the pad that 360 wants to put up. The old pad was 40 feet instead of the 100 feet they needed, and he does not know where this pad falls in relation to his property. He is offended for all the reasons cited. His feelings are for the people on the other side. This mountain trail that they are calling an existing road, most of it is on a 40 degree slope. They can build a road, but if they have to conform to County requirements, they will leave a scar on the whole side of Dudley Mountain that will never go away. It will create tremendous erosion problems and it probably will create erosion on his side as well. Mr. Woods said the applicant has picked a site which is to his best advantage. He has probably found the only willing lessor on Dudley Mountain. That lessor is an absentee landlord, and he is in it for the money he will get out of the lease. The applicant wants it because it is the least expensive way to provide a service and get money in his pocket. Mr. Woods said the applicant does not make money on the tglephones. He sells the service and gives a telephone for 99 cents that will not work well. Everybody has said that if one buys a better telephone, they will get better coverage. It was a slick presentation. He feels the people who took simulated photos of Forest Lakes, of Piney Mountain, and of Keswick, did not show the tower that exists there now. Simulated photos don't do that. He entreated the Board to give consideration to the neighborhood and to Dudley Mountain which is a resource for all of Albemarle County. Once a decision is made to desecrate that resource, it will not come back. Once these people get a foothold on that mountain, it will look like Carter's Mountain. Mr. Ollie Fitzgerald said he has been a building contractor In Charlottesville for over 40 years and is the owner of nearly 100 acres in question. One big question has been the right-of-way to the site. It is an existing old roadbed, and he has been to the top in a vehicle. He does not know why it is such a big issue for somebody to get up there. Right now a few trees have grown up in the road because nobody has been all the way to the top for seven or eight years. He was two-thirds of the way up to the top of the mountain a couple of months ago in a pickup truck. He thinks that only some work is needed on the roadbed there now to get access to the top of the mountain. An unidentified gentlemen said he had a slide show presentation for the Board. He said he does not want to tell the Board about cellular phones and cellular towers and the eyesores that these towers create. The Board knows much more than anybody in the room except the engineers about what is involved. He does want to emphasis a couple of points that have not been brought up. This whole application'has had little or no publicity. It has no~ even been in the Observer. It hasn't been on the radio. It hasn't been on the TV. There have been no letters to the editor. The only people who know about this are the adjoining landowners who were notified. He wrote a letter to Bill Fritz and gave him the names of a dozen other people. Nobody in the County knows about this thing. If this were publicized like it should be, and people thought another tower would be put on anouher mountain, there would be plenty of people present. He fs also startled that there are no proponents present tonight. The applicant said they get 15,000 calls per month complaining about, or wanting service. Where are some of these people? Two or three people tonight have said the service is adequate. He thinks the ~sers should be present shouting about their desires. One thing he thinks is ~~_.'~t~,th~s~company, which is not even 360 any~aore, it just merged ~, mon~n.~l~_.~--~-e-rwhich is the seCond largest telecommunications company ~om~t'~~ ~ ~~in'the south. If~t. heyget this tower on this mountain, they will have the competition beaten. The reach of this tower is not just for Albemarle County. This tower will reach customers all up and down Route 29, nearly half way to Lynchburg, and certainly as far as Culpeper. He then showed his slides to the Board: Dudley Mountain taken from Redfields Subdivision; Dudley Mountain from Rou~e 29 South at the intersection of Red ~ill School Road and Taylors Gap Road; from Blandemar Farms Subdivision on Taylors Gap Road; from the North Garden area the lake on Fred Scott's farm; from the east side of the mountain; and from Old Lynchburg Road. He said this is the gateway to the August 12, 1998 (Regular Night Meeting) (Page 19) City from the south and that tower will be right in the middle. He thanked the Board for hearing his presentation. Mr. Gibson asked if the engineer could address the new technology. He said that is the only new thing mentioned by the public. Mr. Denny said he is not aware that Motorola, sLM~9 System is going to replace telecommunications at anytime in the near ~uture. When it is initially deployed, it will be well beyond the fifteen cenzs a minute that many cellular plans charge. It is brand new technology. It has not been tested. The equipment is not available at this time. Companies would not be investing, and the Federal government would not be trying to provide these services if they were going to be replaced tomorrow by something else. Companies have recently gone to an auction-based way of obtaining spectrum the United States for new services, and companies are paying millions of dollars for access to these frequencies. He expects that within our lifetimes, the phones of the future will use a combination of satellite and terrestrial and fiber optics, depending on which is the least expensive. His personal belief is that a lot of long-distance telephone calls will be' routed from satellite to satellite and around the globe. While the two-way telephone /~'--~~is only a small part of it, ultimately that is the way long f~tance will be handled. It solves a lot of problems by being able to bounce ~lgnals around the globe withou~ having to ~o up and down as many times as has to be done today. T~a~ technology is not something that will be seen in the immediate future, s~s not something the Board should consider as a reason to suspec~ that this ~hnolo~y is going to be outmoded anytime soon. Mr. Bowerman asked if four or more consortiums are not now in the process of putting up ~ satellite syste~in addition to Motorola Lockheed and that group. Mr. Denny said there are a±so people who want to put up blimps. There are people who want to put up solar-powered airplanes. People are deploying systems on vessels off the coast of countries that are essentially landlocked. That does not mean it will come to fruition anytime soon. He has been at meetings about ~f~2i~_~or 15 years at the FCC. ~, ~.'~ __.. .~~--~-r~lzcs it h~s taken a long time, but they are up t,~:~ now. ~uslness week an~merican have both looked at this issue. The competition to get the satellites in operation seems to be great among some major players because they recognize not only the cellular, but the digital technology for computer information. He said it is a bit larger than Mr. Denny is indicating. Mr. Denny said he cannot say whether it will be a big thing generations from now. He did allude to the fact that it will be used for handlin~ other types of traffic. It is not going to be terribly cost-effective in the near future for terrestria~ phone calls. Mr. Bowerman asked the length of the word ~future." Mr. Denny said it is 10 years. There is absolutely no question in his mind as a consulting engineer who practices before the FCC every single day in Washington, D.C. (h~e works with everyone in the wireless division, the mass media division, and all~-~ the other departments and bureaus of the Commission), that the~.a~.i~~ systems are not going to displace terrestrial systems like cellular and PCS's anytime soon. He "stands by his guns" that ultimately it will be a hybrid kind of environment where the call will be routed in the most sensible way. That is happening now with cellular and a competing technologq; called PCS which takes place in a frequency band which is about two and one-half times higher than the cellular band. The latest generation phones are capable handling PCS, and some are also able to handle cellular. If you try to get into a PCS site and you can't do i~ or there is none in that area, because PCS tends to be clustered, it goes int¢. the-cellular system. There will be a need for so much wireless capacity that the Meridian and other systems like it and terrestrial systems like cellular and PCS will be needed to continue the telecommunications in this country. No one thing is going to provide adequate capacity. A lot of capacity will be needed to ~o the mile from your house into the telephone and cable companies. Mr. Bowerman asked if it is possible that the areas mos~ difficult to serve now ~opographically will be a hybrid of satellite and terrestrial communications. Mr. Denny said it is conceivable it could be that way, but it isn't realistic ~o have satellite communications in Albemarle County. It is not that rural. He does not believe the citizens of Albemarle County will want to pay $3.00 a minute to talk on a satellite cell phone. Mr. Bowerman said the reason he is having this discussion is because 15 years ago no one would have believed that lap top computers would replace what August 12, 1998 (Regular Night Meeting) (Page 20) used to fill a major part of a room. He knows technology is going to change. ~e knows there will be many improvements in the technical aspects. He is suggesting that Mr. Denny is probably right about the hybrid system and that people who are demanding service will have service which may be entirely different than what is envisioned today Mr Denny said he still does,~o~ ~- · 'H~~'~ d t' .l.-}-' ~e~-~)']-f! think the terrestrial systems are going away.~ _~ai na~aD±~ wofrIa replace terrestrial television, and it did not. Th~'things are cyclical in nature and satellite will not replace terrestrial communications. If it were, companies like AT&T and Sprint and 360 Communications and dozens of companies like them would not be so heavily invested in a technology that was not going ~o last 30 years. Mr. Denny said he was asked for his opinion, and that opinion is that ~ike systems will not take over the terrestrial based wireless market anytime~ ' ' ' 'in the near future in such a way that it should influence the Board's decision tonight on this petition. That opinion is based on information he gets from attendin~ meetings at the FCC. It is not jus~ his opinion from readin~ the media. With no one else from the public rising to speak, Mr. Marshall closed the public hearing. Ms. Thomas said she appreciates the detail of the information that was provided to the Board. She thinks this is the most complete application in detail that the Board has gotten from any applicant. The scatter plots was wonderful for the purposes of showing the value of the tower. Unfortunately, it also shows from how far away the tower can be seen. It makes the impact this site will have on the visual character of the area all the stronger. She thinks the Board should have learned from its mistakes. She was impressed that the Board has made some mistakes when approving towers that can be seen much farther than ever was anticipated. As to whether this is a permanent technology or a temporary one, the Board was told by its Congressman (for whom the Board can thank for the present legislation it is laboring under) that this is a technology which will only be important for a feW years. The Board has talked about Albemarle's mountains a lot in the last few weeks. She said they do not wan~ to trash the beauty of the mountains, and that learn from the mistakes of the pas~. She was interested in this being called a ~errestrial system. After the young lady' spoke; she thought that this is too heavenly of a location for a terrestrial system. Ms. Thomas said she understands that what the Board should do this evening, if the other members generally agree with the direction she is taking, is that the Board should not move this evening for a denial, but rather should ask the staff (based on the recommendation the Board received from staff and from the Planning Commission that the proposal is not consistent with the Comprehensive Plan and the Mountain Resource Area, the Open Space Plan, and ls inconsistent with the purpose and intent of the Ordinance and some of its provisions because of the critical slopes issue), for a written record for its consideration before taking a vote. She would like to have the record updated in recognition of the passage of the Comprehensive Plan amendment recently adopted regarding Mountain Protection. She said the Board would be giving staff the consensus, but not the vote, that it is not in favor of this tower or those land use related items. She said legal counsel can guide her if those are not the correct words. Mr. Davis said that is exactly what he would recommend. If the Board is inclined to view this request unfavorably, staff does need to prepare a written record for the Board's consideration. He would anticipate that would take about 30 days and would include comments received at the public hearing tonight, as well as comments at the Planning Commission meeting, and the staff report and other information submitted by the applicant and others. Mr. Tucker asked if that record could be ready by September 2. Mr. Davis said staff can try for that date. It depends on how fast that record can be prepared~ Ms. Thomas said for the sake of the public, a vote for this motion asking for a staff report is in essence is a vote against the erection of this tower. What the Board must do is ask the staff for this additional written guidance. He does not want people to leave the meeting confused. Mr. Marshall said a consensus of the Board members is needed. Ms. Thomas asked if the Board can vote on the request that the staff bring the Board a written report. If so, she moves what she said a few minutes ago that the staff bring a written record for consideration. Mr. Marshall said before doing that, he thinks there should be a consensus from the Board members. August 12, 1998 (Regular Night Meeting) (Page 21) Ms. Humphris said she will second the motion. Mr. Marshall asked if comments could be taken around the table first. Mr. Bowerman said he believes the Board just needs to take a regular vote. But, before doing that, he would like to address Mr. Denny. Mr. Bowerman said he appreciated the exchange of information that Mr. Denny shared with the Board. He knows that there is investment in currenu technology and the a life span of that technology has to be addressed before it is replaced. He knows there are different opinions as to what the future will be. He was jusu in his questio~to Mr. Denny that there was the possibility that ~J-/~_/ suggesting may be a bit broader than Mr. Denny had originally spoken to. He did appreciate his responses and candor in talking to this Board. Mr. Martin said he is from Southwest Virginia. He first came to Charlottesville in 1972 to take a tour of the University of Virginia and to interview for a Dupont Scholarship. When he rode into Charlottesville, he did so traveling from Lynchburg along Route 29. To this day, he thinks that is the most beautiful mountain he has ever seen. It was absolutely gorgeous and he cannot see this Board allowing anything to mess. up that mountain. Ms. Humphris said that all summer long she has been hearing on her car radio the "Virginia is for Lovers" theme song. It finally gets in' your mind about the beautiful beaches, the majestic mountains, and Virginia's storyboo~ history. Those are the three things that tourists are asked uo come here and spend their money to see. That is above and beyond the beauty that all have loved all their lives. Just to trash one of these majestic mountains would be a terrible thing to do. There has to be a better way, there always is. Ms. Thomas invited the Board members to see the tower which is a telephone pole outside of Bellair that one can see from the Route 250 Bypass. She would challenge anyone to find it. She looked for it sharply, but she sees it only about one-half of the time although she knows that in the winter it will be a little more visible. She thinks that is an alternative that is available. At this point, Mr. Marshall requested that the roll be called. The motion to defer action on SP-98-03 until September 2~ i~98, to allow staff time to prepare a written record based on the consensus of the Board to deny the request, carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkin~, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 13. Approval of Minutes: April 3 and December 4, 1996; February 5 and May 7, 1997; April 8, April 15, July 8 and July 15, i998. Ms. Thomas had read the minutes of May 7, 1997, and found them to be in order with a couple of typographical errors. Mr. Martin had read the minutes of April 3, 1996, pages 1-27 and found them to be in order. Ms. Humphris had read the minutes of December 4, 1996, pages 20 (Item #9) to the end and found them to be in order with some typographical errors. Mr. Marshall had read the n'inutes of April 15 and July 15, 1998, and found them to be in order with one typographical error in the July 15 minutes. Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve the minutes as read. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Ms. Humphris, Mr. Marshall, Mr. Martin, Mr. Perkins, Ms. Thomas and Mr. Bowerman. None. Agenda Item No. 14. Other Matters not Listed on the Agenda from the Board. Ms. Thomas reported on her trip to Portland, Oregon, to attend NACO's Annual Conference, at which she said the County paid only for her COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Six Year Secondary. Road Plan 1999/00 through 2004/05 SUBJECT/PROPOSAL/REQUEST: initial work session to review the proposed County priorities for road improvements and VDOT's draft Six Year Secondary Road Plan. AGENDA DATE: October 7, 1998 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: INFORMATION: INFORMATION: Messrs. Tucker, Huff, Cilimberg, Benish, Wade ~v~,-vv,-u ~.~.~.~: ./~/~ BACKGROUND: The Six Year Secondary Road Construction Plan is VDOT's Plan for the allocation of road construction funds for a six year period. It consists of a priority list of projects and a financial implementation plan. The VDOT Six Year Secondary Road Plan is based on local priorities adopted by the Board of Supervisors (the County Pdodty List of Road Improvements). The Planning Commission has recommended approval of the Albemarle County Proposed Priority List for Secondary Road Improvements (Attachment A). This list also includes projects requested by the Town of Scottsville that the Planning Commission did not review, as they were received after the Commission completed their review. VDOT's draft Six Year Construction Plan can be found on Attachment B. Final allocations for the Six Year Plan were just received by VDOT Charlottesville Residency Office(after review by the Planning COmmission). The final allocation increased by $597,787 over the preliminary allocation for the six year period (from $4,822,237 to $5,420,024). All of the additional funds have been allocated to the Meadow Creek Parkway Phase II project in this proposed plan. The additional funds, are not needed for any projects currently planned for development in the upcoming fiscal year. The County will be able to review project allocations with the next annual update of the Six Year Plan. Discussion: Staff has identified several changes and new projects in VDOT's proposed 1999-2005 Secondary System Construction Plan. Staff and VDOT will be prepared to discuss these projects in more detail at the October 7 meeting. .Project # 1 $250,000 has been added for the installation of signals at Pen Park Rd @ Rio Road and Rt. 631 ~_. 1-64. 6 The cost of Airport Rd widening has increased $500,000.(more detailed cost estimate) 10 The cost of the Free St Bridge project, has increased $400,000. (must build temporary bridge) 11 12 20 The cost of Jarmans Gap Rd improvements has increased $1,153,418. (more detailed cost estimate) The cost of Old Lynchburg Rd. improvements has decreased $500,000. (more detailed cost estimate) The cost of Blenheim Rd. improvements has increased $500,000. (more detailed cost estimate) AGENDA TITLE: Six Year Secondary Road Plan - 1999/00 through 2004/05 AGENDA DATE: October 7, 1998 Page 2 of 2 29 The cost of the Dick Woods Rd. unpaved road project has increased $210,000. (extended road to Rt. 682) 35 Catterton Rd.- Request from some residents for an additional 2 mile section for paving. Other residents in the area have expressed concern/opposition to the project. VDOT is working on the issue of R-O-W and construction easement availability and has not provided additional information at this time. 36 The cost of Reservoir Rd. unpaved road project has decreased $500,000. (new cost based on a per mile estimate used) The following are projects to be deleted from the County and VDOT's Plan: · Hydraulic Road, from Rt.29 to Lambs Rd- The project has been completed. · Lambs Road spot improvements project. VDOT has determined the sight distance is adequate at this location. The following are new projects with their priority as listed in Attachment A: · Route · Route · Route · Route · Route · Route · Route · Route 641 installation of a box culvert over Jacobs Run for $60,000 #24 (VDOT Request) 641 installation of a box culvert over Jacobs Run for $440,000 #24 (VDOT Request) 631 at Pen Park Lane to add turn lanes #26 (City Request) 684 spot improvements #28 (Planning Commission Request) 769 unpaved road request #65 (Public Request) 760 unpaved road request #77 (Public Request) 795 spot improvement #41 (Scottsville Request) 707 unpaved road #81 (BOS Request) Staff has received several requests from the Town of Scottsville (Attachment C). Staff has addressed each of their requests in Attachment D. RECOMMENDATION: The Board must hold a public hearing prior to approval of the County's Priority List for Road Improvements and the VDOT Six Year Secondary Plan. Staff recommends that the Board set a public hearing date of October 21, 1998 for this plan. cc:Angela Tucker 98.211 ALBEMARLE COUNTY PRIORITY LIST FOR SECONDARY ROAD IMPROVEMENTS 1999-2000 THROUGH 2004-05 Recommended By The Planning Commission September 1, 1998'** VDOT's County's Route Number and Name Location Estimated Estimated Priority Proposed From - To Completion Cost List Ranking Date Description/Comments ATTACHMENT A N/A N/A 631 Rio Road Route 29 to Route 743 May 1999 $3,750,690 N/A N/A 606 Dickerson Road Intersection of Rt. 743 June 2001 $3,000,000 N/A N/A 743 Earlysville Road Intersection of Rt. 606 ? $3,000,000 widen to four lanes, bike lanes,sidewalks relocated to meet FAA requirements, funded w/Fed, funds relocated to meet FAA requirements, funded w/Fed, funds I I County wide County wide June 2005 $900,000 1 I County wide traffic mgmt. program June 2003 $300,000 2 2 625 Hatton Ferry Hatton Ferry June 2004 $120,000 3 3 631 Rio Road City line to Pen Park La Aug. 1999 $66,000 4 4 Meadow Creek Parkway Route 250 to Rio Road May 2000 $9,580,158 4 4 Meadow Creek Parkway bridge over CSX RR May 2000 $700,000 5 5 649 Airport Road Route 29 to Route 606 Feb. 2001 $4,000,000 6 6 Meadow Creek Parkway Route 63t to Route 29 January 2017 $31,300,000 7 7 656 Georgetown Road Route 654 to Route 743 Dec. 2000 $900,000 8 8 60t Old Ivy Road Ivy Road to 250129 Byp Oct. 2002 $5,000,000 9 9 651 Free State Road Free State Road Dec. 2001 $1,000,000 10 10 691 Jarmans Gap Road Route 240 to Route 684 Dec. 2002 $2,978,418 N/A N/A 657 Lambs Road @Rd to Jout./GreerSch 11 11 631 Old Lynchburg Road Route 780 to Route 708 Oct. 2003 $2,500,000 Projects in bold are in the Development Area. signs,pipe,plant mix projects, same funding VDOT traffic management initiative pilot program throughout County operation of ferry add guardrails [25,000] plans being dev. with citizen adv. cmt., includes bridge over Meadow Creek widen to four lanes (associated with project above) widen to four lanes, bike lanes,sidewalks,RS97/98 [16,000] new road, County also petitioning for eligib, for prim fund. spot improv,better pedestrain access,urban cross-section, RS 97198 widen, improve alignment,better bike/sidewalk access,RS 2000101 improve substandard bridge in Developed Area [403] serve increased traf wi minimum widening, ped/bike access,RS 1999100 VDOT has determine the site distance is adequate. spot improvements at various locations,Rev Share 2001-02. VDOT's County's Priority Proposed List Ranking Route Number and Name Location From - To Estimated Estimated Completion Cost Date Description/Comments 12 12 781 Sunset Avenue 13 13 726 James River Road 14 14 679 Grassmere Road 15 15 625 Hatton Ferry Road 16 16 81OBrowns Gap Road 17 17 676 Owensville Road 18 18 678 Owensville Road 19 19 795 Blenheim Road 20 20 649 Profit Road 21 21 606 Dickerson Road 22 22 795 James Monroe Pky ** 23 SOuthern Parkway 24 NIA 23 25 643 Polo Grounds Road 24 N/A 641' Frays Mill Road 24 N/A 641' Frays Mill Road *25 26 63t Rio Road 26 27 743 Earlysville Road * 28 684 Half Mile Branch Road 29 602 Howardsville Tnpk 30 601 Garth Road 31 676 Ownesville Road 32 691 Park Road 33 678 Decca Lane 34 692 Plank Road 35 708 Red Hill Road Projects in bold are in the Development Area. Rt.780 to Rt. 708 Route 795 to Route 1302 .25 miles south of Rt 738 .75 miles south of to RR Intersection of Route 789 Intersection of Route 601 Intersection of Route 250 Intersection of Route 790 Route 29 to Route 819 Route 649 to Route 743 Intersection of Route 53 Avon Str. to Fifth Str. Route 240 to Route 250 Route 29 to Route 649 Rt. 641 @ Jacob Run Rt. 641 @ Jacob Run Rio Rd @ Pen Park Lane Rivanna River to Rt 643 Rt. 691 to Rt. 797 .01 miles south Route 626 Intersection of Route 658 Route 614 to Route 1050 Park Road to Route 250 Intersection of Route 676 Route 29 to Route 712 Route 20 to Route 29 Sept. 2003 $500,000 March 2000 $100,000 April 2001 $100,000 Aug. 2004 $550,000 April 2004 $200,000 April 2004 $650,000 June 2004 $250,000 April 2005 $2,000,000 Aug. 2005 $1,200,000 June 2005 $350,000 ? $3,522,500 ? NIA Dec. 2006 $1,500,000 Aug. 2007 $440,000 Aug. 2007 $60,000 Dec. 2008 $500,000 [590] intersection improvement spot improve, improve sight distance,Rev. Share 2002-03 Railroad crossing with no lights or gate Railroad crossing with no lights or gate. intersection improvement, Revenue Shadng 2003-04 intersection improvement, Revenue Sharing 2003-04 intersection improvement intersection improvement. [500] [485] [211] [2,270] [4,080] [3,000] [580] CATS recom.,improve sight dist and alig.,bike/sidewalk, Revenue Shar.2002-03 improve to handle projected traffic, CATS recommm., Rev.2002-03 recommended from CATS, intersection improvement [2,270] will be constructed to serve development as it occurs interconnect of future neighborhood streets as needed public req. to improv align, spot improv, safety related, Rev. Sha. 2004-05 install box culvert, Revenue Sharing 2004-05 install box culvert Inter. improve, requested by City, to be funded frompr priv source [25,000] public request to improv align, spot improv, safety related [8,300] spot/safety improvement to 'serve increased traffic w/ minimum widening. Railroad crossing with no lights or gate add turning lane at Barracks Farm Road, CATS recomm. spot improvements at several points, CATS recomm. extend to eastern 240/250 street system improve intersection, located near school, CATS recomm spot improvements, safety related improve alignment [154] [6,800] [2,000] [2,050] [1,000] [2,000] VDOT's County's Priority Proposed List Ranking Route Number and Name Location From - To Estimated Completion Date Estimated Cost Description/Comments 27 51 28 52 29 53 30 54 31 55 32 56 33 57 34 58 35 59 37 60 Projects in bold are in the 36 641 Burnley Station Road 37 640 Gilbert Station Road 38 61.6 Union Mill Road 39 743 ,advance Mills Road 40 732 Milton Road 41 795 Hardware Street 42 622 AIbevanna Springs Rd 43 622 Albevanna Springs Rd 44 744 Hunt Club Road 45 611 Garmans Gap Road 46 1310 Ferry Street 47 642 Red Hill Depot Road 48 67,,1 Millington Road 49 682 Broadaxe Road 50 8,13 Starlight Road 759Three Chopt Road 637 Dick Wood Road 791 Wyant lane 605 Durrett Ridge Road 679 Grassmere Road 708 Secretarys Road 615 Lindsay Road 667 Catteron Road 737 Mountain Vista Road 702 Reservoir Road Development Area. Norfolk Southern RR Norfolk Southern RR FCL to Route 759 At Jacobs Run intersection of 762 near inter, with Rt. 20 Intersection of Route 795 Intersection of Route 773 .02 miles from Route 22 Off Route 691 .05 miles south of Rt. 6 .28 miles northeast Rt.708 Intersection of Route 665 off Dick Woods Road Off Route 712 Route 616 to FCL Route 635 to Route 692 Route 635 to Dead end .83 from Greene County Route 738 to Dead end Route 795 to Route 620 Route 639 to Louisa CL 1 MI SE Rt 776 to Rt 776 Route 6 to Route 726 Ramp to Dead end Sept. 1998 Dec. 1999 Aug. 2000 Aug. 2003 July 2000 July 2001 June 2003 April 2002 · June 2003 Dec. 2004 $210,000 $1,100,000 $260,000 $300,000 $425,000 $685,O0O $220,000 $3OO,0OO $650,000 $1,440,000 bridge project with Iow sufficiency rating bridge project with Iow sufficiency rating improve alignment improve approach to bridge spot improvement, requested by public spot imrovement, requested by Scottsville intersection improvement intersection improvement Railroad crossing with no gate Railroad crossing with no gate Railroad crossing with no gate Railroad crossing with no gate intersection improvement spot improvements, public request school request, needs turn-around space unpaved road, R-O-W available,contract awarded unpaved road, R-O-Wavailable unpaved road, R-O-Wavailable unpaved road, R-O-Wavailable unpaved road, full R-O-Wnotavailable unpaved road, full R-O-Wnotavailable unpaved ~ad, R-O-Wavailable unpaved road, R-O-Wavailable unpaved road, R-O-Wavailable [139] [112] [4,070] [1,300] [880] [780] [75o] [75o] [188] [167] [113] [15] [115] [15o] [5o] [273] [132] [218] [89] [485] [156] [292] [130] [37] unpaved road, public request, R-O-W undetermined, sidewalks VDOT's County's Priority Proposed List Ranking Route Number and Name Location From - To Estimated Completion Date Estimated Cost Description/Comments 38 61 640 Gilbert Station Road 39 62 633 Heards Mtn Road 6~6 Dickerson road 4O 63 64 712 North Garden Road * 65 769 Beam Road 66 623 Woods Edge Rd 67 666 Allen Road 68 734 Bishop Hill Road 69 78~! Doctors Crossing 70 68~ BUnker Hill Road 640 ~ilbert Station Road 71 72 7121Coles Crossing Rd 73 64¢ Wildon Grove Rd 74 66811Walnut Level Road 75 682 Broad Axe Road 76 678 Owensville Road * 77 760 Red Hill SchOol Road 78 723 Sharon Road 79 674iSugar Ridge Road 80 608 !Happy Creek Road * 81 707 Blair Park Road Route 641 to Route 747 Nelson CL to Route 634 Route 850 to Route 1030 Route 29 to Route 692 off Route 20 north Route 616 to dead end Route 664 to Dead end Route 795 to Rt. 1807 Route 600 to Route 640 Route 616 to Dead end Route 784 to Route 20 Rt. 713 to Rt. 795 Rt. 608 to Orange CL Rt. 810 to dead end Rt. 637 to 1-64 Route 676 to Route 614 Route 29 to RHES Route 6 to Route 626 Route 614 to Route 673 Route 645 to Route 646 Rt. 691 to Dad end TOTAL * New project to this priority list ** Currently not eligible not for VD, OT funding *** List includes projects from Sc0ttsville not reviewed by the Planning Commission [ ] Average Daily Trips March 2004 June 2005 Oct. 2006 $300,000 $300,000 $1,000,000 77,457,076 unpaved unpaved unpaved unpaved unpaved unpaved unpaved unpaved unpaved unpaved unpaved un3aved un~aved un~aved un3aved un3aved un~aved unpaved unpaved unpaved unpaved road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, road, public request, R-O-W undetermined public request, R-O-W undetermined R-O-W not available R-O-W not available public request, R-O-W undetermined public request, R-O-W undetermined public request, R-O-W undetermined public request, R-O-W undetermined R-O-W not available public request, R-O-W undetermined R-O-W not available public request, R-O-W undetermined public request, R-O-W undetermined public request, R-O-W undetermined R-O-W not available R-O-W not available public request, R-O-W undetermined public request, R-O-W undetermined public request, R-O-W undetermined public request, R-O-W undetermined R-O-W undetermined [240] [215] [212] [139] [840] [396] [187] [178] [173] [166] [158] [139] [131] [119] [113] [106] [105] [96] [71] [71] [65] a:secondar, wk4 SECONDARY SYSTEM COUNTY~ ALBEMARLE CONSTRUCTION PROGR~ ESTIMATED ALLOCATIONS YEAR NEW S.T. FEDERAL OTHER TOTAL L999-00 $758,40] $3,194,480 $880,813 $4,833,694 2000-01 $801,611 $3,484.233 $839,167 $5,125,011 2001-02 $850,597 $3,643,315 $900,074 $5,393,986 2002-03 $862,723 $2,962,277 $1,634,697 $5,459,697 2003-04 $854,514 $2,688.684 $1,836,826 $5,420,024 2004-05 $854,514 ~1,866,229 $2,699,281 $5,420.024 TOTALS $4,982,360 $17 , 839,218 $8,830,858 $31,652,436 APPROVAL BO~D OF SUPERVISORS DATE VDOT RESIDENT ENGINEER DATE CHAIRMAN, CLERK, CO · ADMINI 8TRATOR, ETC.) DATE ATTACHMENT B RECE VE[ P!anning Dept. Date: 09~23/1998 SOARD APPROVAL= 01/01/1999 SECONDARY SYSTEM Page~ DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollaRS) COUNTY: ALBEMARLE 1999-00 thru 2004-05 ........... + .................... + ...............+ ...........+ ...........+ ............ + ............ + ............+ ............+ ............+ ........................ + ............................. ROUTE I DESCRIPTION ESTIMATED I PREVIOUS ADDITIONAL I LENGTH COST I FUNDING FUNDING [ ~ REQUIRED ........... + ....................+ ...............+ ....................... ROUTE: 8000]COUNTY WIDE IP.E. 0 0 TCz 018000-002-5 IR/W OI 0 ID: INEW PIPE INSTALL., ICON 1,150,0001 0 1,150,000 STATE FORCEISIGNS, SEEDING ITOT 1,150,0001 0 1,150,000 STATE I NEW PLANT MIX lEAD 07 1998 I ! ~BUDGET ITEM IECD 06 2005 ~ PROJECTED FISCAL YEAR ALLOCATIONS BALANCE ............ + ............ + ............ + ...................................... + TO CO)~4ENTS 1999-00 I 2000-01 2001-02 2002-03 ~ 2003-04 I 2004-05 COMPLETE 01 0I 0 0 0[ 0 011999-00 $100,000 SIGNAL 01 0'[ 0 0[ 0[ 0 0]PEN PARE/RIO ROAD 250,000[ 150,0001 150,000 150,000~ 150,000 300,000 250,0001 150,0001 150,000 150,0001 150,000 300,000 012004-05 $150,000 SIGNAL [ ] IRT 631/I64 ........... + ....................~ ...............+ .......................+ ............+ ............ + ......................... + ............+ ............~ ........... + ............................. ROUTE~ 800I]COUNTY WIDE [P.E. 0] 0 0] 0] 0[ 0 0[ 0 0[ 0[ TC: 018001-002-5 [R/W 0l 0 0 0[ 0 0 0[ 0 0l 0] ID~ ]TRAFFIC CALMING [CON 300,000 0 300,000[ 50,000 50,000 50,000 50,000] 50,000[ 50,000 0] CONTRACT ]VARIOUS LOC. ]TOT 300,000 0 300,000[ 50,000 50,000 50,000 50,000' 50,000[ 50,000[ 0[ STATE ~ lEAD 07 1997 [ [ [ ] [ 1 ] [ECD 06 2003 [ ........... + ....................~ ...............~ .......................~ ............~ ............~ ............~ ............+ ............+ ............ ~ ........... + ............................. ROUTE~ 0625]HATTON FERRY [P.E. 0[ 0 0[ 0 0 0[ 0] 0[ 0[ 0 TC: 6710625-002- IR/W 01 0 0l 0 0 0l 0l 01 0[ 0[ ID: ]OPERATE HATTON [CON 120,000 0 i20,000l 20,000 20,000 20,0001 20,0001 20,0001 20,0001 01 STATE FORCE]FERRY ]TOT 120,000 0 120,0001 20,000 20,000 20,000] 20,000I 20,000[ 20,0001 0 STATE ](BUDGET ITEM) lEAD 07 1998 ] ] 2 I ]ECD O6 200~ I ~ ~ ] ........... + .................... + ............... ~ ....................... + ............+ ............+ ............ + ............+ ............+ ............+ ........... + ............................. ROUTE: 0631[RIO ROAD {P.E. 0[ 0 0] 0 0[ 0[ 0 0[ 01 0 ROAD CLOSED DURING CONST. TC: 17278]0631-002-S66,C501 [R/W 0I 0 01 0 0[ 0[ 0[ 0[ 0[ 0 (NOT TO EXCEED 75 DAYS) ID: 17903]FR~BROOKWAY DRIVE [CON 50,000 50,000 0] 0 0[ 01 0 01 01 0 CONTRACT ]TO:STONEHENGE RD. [TOT 50,000 50,000 0] 0 0[ 01 0 0] 0] 0[ RS .LENGTH:0.65 KIL ]EAD 02 1999 I I ] 3 [ADD GUARDRAIL 'ECD 07 1999 [ ] { [ ] ........... + + + + ......................... ROUTE: 0631{RIO ROAD [P.E. 6,600 6,600[ 01 0 0[ 01 01 01 0 0]ROAD CLOSED DURING CONST. TC: 1727810631-002-S66,P101 [R/W 0 0[ 0] 0 0[ 01 0 0l 0 0[NOT TO EXCEED 75 DAYS ID: 179031FR:BROOKWAY DRIVE iCON 0 0[ 0] 0 0[ 01 0 01 0 CONTRACT ]TO:STONEHEBGE RD. ]TOT 6,600 6,600[ 0{ 0 01 01 01 0~ 0 RS ]LENGTH:0.65 KIL lEAD 02 1999 [ I 3 lADD GUARDRAIL ]ECD 06 1999 [ ........... + ....................~ ...............+ --~- + ......................... + ............+ .................. ~ ............+ ......... ROUTE: 0631]RIO ROAD ]P.E. 0 01 0 0 0] 0[ 0 01 0] 0{ROAD CLOSED DURING CONST. TC: 1727810631-002-866,R201 {R/W 9,400 9,400{ 0 0 0{ 0[ 0 ID: 17903'FR:BROOKWAY DRIVE ICON 0 01 0[ 0 Gl 0[ 0 CONTRACT 'TO:STONEHENGE RD. [TOT 9,400 9,4001 0[ 0 0l 0[ 0 RS {LENGTH~0.65 KIL lEAD 02 1999 ] [ i [ 3 lADD GUARDRAIL [ECD 06 1999 [ ] [ [ ........... + ....................+ ...............+ ........... + ...........+ ............+ ............+ ............+ ............. ROUTE: 0631'MEADOWCREEK PARKWAY [P.E. 400,000 400,000] 0[ 0i 0[ 0] 0 TC: 0]0631-002-128,C502 [R/W 2,900,000 2,900,0001 0[ 0[ 01 0{ 0 ID: 2530 FR:NCL CH'VILLE [CON 3,864,108 2,864,108] 1,000,000[ 01 01 01 0 CONTRACT [TO:CSX RAILROAD }TOT 7,164,108 6,164,108~ 1,000,000[ 0[ 01 0[ 0 RS LENGTH:l.37 MI. ~EAD 03 1999 ] ] ] ] 4 {ECD 05 2000 ~ I ] 0{ 01 0](NOT TO EXCEED 75 DAYS} o{ o[ ol ol o[ { I I ~ I I 01 0' 0{REV~NUE SHARING $1,000,000 01 0~ 0[1995-96 o{ o{ 1,GOO,GOO{ o{ o{ 1,ooo,ooo{ I { ........................... + ........... + ............+ ............ + ............~ ............+ ............~ ............~ ........... ~ ............................. Date: 09/23/1998 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM P&ge~ 2 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollARS) COUNTY: ALBENARLE 1999~00 thru 2004-05 ROUTE DESCRIPTION ESTIMATED PREVIOUS 'ADDITIONAL I P~OJECTED FISCAL YEAR ALLOCATIONS I BALANCE I [ LENGTH COST FUNDING FUNDING . ............ * ............. . ............* ............* ............+ ............ + TO ~ CO~9~ENTS [ ~ REQUIRED I 1999-00 2000-01 ~ 2001-02 [ 2002-03 2003-04 I 2004-05 ; COMPLETE ~ ........... + .................... + ....................................... + ............+ ............+ .......... ~ ............+ ......................... ROUTE: 0631{MEADOWCREEK PARKWAY }P.E. 150,000[ 150,000] 0{ 0 0[ 0{ 0 01 0{ 0{ R/W o{ o~ o~ o o{ o{ o o{ o{ o{ CON 2,266,050] 1,620,020- 646,030 646,030 O{ om 0 0 OI O] TOT 2,416,050 1,770,020' 646,030 646.030 0~ 0{ 0 01 0{ 0 EAD 03 1999 [ [ [ I I ECD 05 2000 [ .I I I I ............... + .......................+ ......................... + ............~ ......................... + ............+ ........... + ............................. TC: 010631-002-128,B612 ID: 2530 ]BRIDGE OVER CONTRACT I MEADOWCREEK BRSOS I 4 I ROUTE: 063I,MEADOWCREEK PARKWAY TC: 0[0631-002-128,8657 ID: 2530 IBRIDGE OVER CSX RR ' CONTRACT IWIDEN TO 4-LANES BRSOS J ~ I P.E. 50,000J 50,000- 0 0 0J 0 0 R/W 0' Ol o o oJ oJ o CON 650,000 650,000 0 0 OI oJ 0 TOT 700,000[ 700,000[ 0 0 OJ OJ 0 EAD 03 1999 J J [ EOD 05 2000 I I ROUTE: 0631[RI0 ROAD P.E. 286,000I 286,000I 0[ 0 0J 0J 0 TC: 14686J0631-002-185,C501 R/W 1,725,000J 1,725,000J 0[ 0 0J 0 0 ID: 2419 JFR:ROUTE 743 CON 1,739,690J 739,690J 1,000,000J o oJ 0 0 CONTRACT JTO:ROUTE 1403 TOT 3,750,690J 2,750,690J 1,000,000J 0 OJ 0 0 RS JLENGTH:0.7 MI. EAD 02 1998 J J J 5 I ECD 05 1999 0[ OJ 0 ol ol o~ o~ ol ol el oJ ol O] 0 0[REVENUE SHARING $1,000,000 oJ 0 0J1996-97 0 0 1,000,000[ ol 0 1,ooo,oo6~ ........... ~ ................................... + ...........+ ........... . ............+ ............ + ............+ ............+ ............~ ............. ...........~ ............................. ROUTE: 06491AIRPORT ROAD P.E. 200,000] 200,000 0 0 0J 0 0[ 01 0J 0IREVENUE SHARING $1,000,000 TC: 1341110649-002~158,C501 R/W 300,000~ 300;000] 0 0 0[ 0 0J 0 0I 0J1998-99 ID: 2456 JFR:ROUTE 29 CON 3,500,000 2,000,000 1,500,000 500,000' 240,000J 0 0J 0[ 0] 760,000] CONTRACT JTO:ROUTE 606 TOT 4,000,000 2,500,000 1,500,000 500,000[ 240,000J 0 0I 0J 0J ?60,000J RS JLENGTH:0.83 MI. EAD 12 1999 J I J ] I J 6 J ECD 02 2001 J J , i I J J ........... ~ ....................+ ...............~ ...........+ ........................~ ............+ ............+ ............+ ............+ ............+ ........... + ............................. ROUTE: R000JMEADOWCREEK PKY. JP.E. 750,000[ 750,000 0 0I 0J 0 0J 0 O[ 0JREVENUE SHARING $800,000 TC: 0]R000-002-253,PE101 JR/W 3,750,000J 64,222 3,685,778 ID: 12981tFR:RIO ROAD [CON 26,800,000I OJ 26,800,000 CONTRACT ITO:RTE. 29 ITOT 31,300,000I 814,222 30,485,778 RS ILENGTH:3.8 MI JEAD 01 2015 J 7 ] IECD O1 2017 I ROUTE: 0656]GEORGETOWN ROAD IP.E. 100,000I 0 i00,000 TC: 13500[0656-002-254,C501 IR/W 225,0001 0 225,000 ID: 12982JFR~ROUTE 654 'CON 575,oool oJ 575,000 CONTRACT [TO:ROUTE 743 'TOT 900,000I 0 900,000 RS JLENGTH:0.8 MI. lEAD 04 2000 J ( 8 JSPOT IMPROVEMENTS ]ECD 12 2000 J ................................ + ............... + ........... ROUTE: 06011OLD IVY ROAD ~P.E. 250,0001 0 250,000 TC~ 435S[0601-002-237,C501 IR/W 1,000,000' 0 1,000,000 ID~ 8807 IFR~ROUTE 250 ICON 3,750,000~ 0 3,750,000 CONTRACT ITO:RTE. 29 BYPASS ITOT 5~000,000 0 5,000,000 RS ]6ENGTB~0.7 lEAD 0B 2001 ( 9 ]WIDEN TO 4 LANES IECD 10 2002 J 588,4131 ol 588,4131 100,000 225,000 375,000 700,000 1,044,341[ 891,837 1,161,1871 0 0[ 0J1997-98 0J 0 449,363I 1,497,787 1,497,7871 23,355,0631 1,044,341[ 891,837 1,610,550[ 1,497,787 1,497,787I 23,355,0631 ............ ~ ......................... + ............ + ............ ~ ...........+ ............................. 0I 0 0] 0 0[ 0JREVENUE SHARING $200,000 0l 0 0J 0 0J 011997-98 Oi o O{ o oJ 200,0001 o{ o o{ o ol 2oo,oool I I ] 250,0001 0J 0 01 0 O[ 0 REV. SHARING $ 1,000,000 660,000I 340,000 0 01 0 0[ 0 2000-01 0J 1,660,000 1,090,000 OI 0 0J 1,000,000 910,000] 2,000,000 1,090,000 0 0 OJ 1,000,000 Date: 09/23/1990 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page~ 3 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollARS) COUNTY: ALBEMARLE 1999-00 thru 2004-05 ROUTE DESCRIPTION I ESTIMATED I PREVIOUS IADDITIONAL PROJECTED FISCAL YEAR ALLOCATIONS I BALANCE LENGTH I COST ~ FUNDING FUNDING ~ REQUIRED ROUTE: 06511FREE STATE ROAD IP.E. 55,000[ 0 55,000 TC: 40310651-002-189,0645 IR/W 45,000I 0 45,000 ID: ll129}BRIDGE OVER CSX ICON 900,0001 0 900,000 CONTRACT I~AILROAD TOT 1,000,000 0 1,000,000 BROS ~STR. NO. 6124 lEAD 01 2001 10 ~SUFF. RATING 6.0 IECD 12 2001 ............ + ............ + ............ + ............· ............ + ............. TO CON~ENTS [999-00 ~ 2000-0] I 2001-02 2002-03 2003-04 [ 2004-05 I COMPLETE 55,000 OI o OI Ol OI o, 45,000 0[ 0 0l 0 0] 0l 2,641 497,359[ 400,000 0} 0{ 0 0 102,641 497,359[ 400,000 0[ 0{ 0 TC: 1500{0631-002- ,C R/W 250,000 0 ID: 15329{FR:1.35 MI.S. 1-64 CON 2,050,000 0 CONTRACT {TO:RTE. 708 TOT 2,500,000 0 RS {LENGTH:5.0 MI. EAD 10 2002 12 {SPOT IMPROVEMENTS ECD 10 2003 ROUTE: 07811SUNSET AVE. P.E. 100,000 0 TC: 275{0781-002- ,C R/W 100,000 0 ID: 17171{FR:NCL CH'VILLE 'CON 300,000 0 CONTRACT ITO:OLD RTE. 631 TOT 500,000 0 STATE ILENGTH:0.5 MI. EAD 10 2002 13 {SPOT IMPROVEMENT ECD 03 2003 ROUTE: 0726'JAN~S RIVER ROAD P.E. 40,000 0 TC~ 1200{0726-002- ,C R/W 50,000 0 ID: 17170 FR~ROUTE 795 CON 410,000 0{ CONTRACT 'TO:ROUTE 1302 TOT 500,000 01 STATE LENGTH:I.0 MI. EAD 12 2002 14 SPOT IMPROVEMENTS ECD 09 2003 ROUTE~ 069][JARMAN GAP ROAD {P.E. 175,000 0 175,000 175,000. 0{ 0 0[ 0{ 0 0{REVENUE SHARING $1,000,000 TC: 2118{0691-00~- ,C {R/W 350,000 0 350,000 33,209{ 216,7911 0 0{ 0] 0 100,000{]999-2000 ID: ll1291FR:ROUTE 240 CON 2,453,418 0 2,453,418 01 4,909I 1,548,509 0{ 0 0 900,000[ CONTRACT ITO~ROUTE 684 TOT 2,978,418 0 2,978,418 208,2091 221,700. 1,548,509 0{ 01 0 1,000,000I RS {LENGTE:I.5 MI. EAD 12 2001 { I [ { 11 ]WIDEN & STRAIGHTEN ECD 12 2002 { ROUTE: 0631{OLD LYNCHBURGH RD. P.E. 200,000 0 200,000 0[ 0{ 200,000[ 0{ 0 0{ 0{REVENUE SHARING 2001-02 250,000~ 01 0 t00,000] 150,000{ 0 0[ 0[$500,000 2,050,000{ 0{ 0 0] 1,150,000' 383,576 16,424{ 500,000{ 2,500,000{ 0{ 0 300,000{ 1,300,000 383,576 16,424{ 500,000{ ........... ~ ............ + ......................... ~ ............ + ............ + ............~ ...........~ ............................. 100,000 0{ 0 93,043] 6,957{ 0[ 0I 0] 100,o00 0l 0 Gl 100,000~ 01 0l o} 300,000 o 0} 0{ 300,000 o{ o{ 0 500,000 o[, o 93,043 406,957 0[ 0[ 0 I I I 40,000] 0 o{ o{ 40,000 0{ 0{ 0 REVENUE SHARING $200,000 50,000 0 0{ 0} 50,000 0[ 0{ 0}2002-03 410,000} 0 0{ 0{ 210,000 o[ 0{ 200,000[ 500,000[ 0 0~ 0[ 300,000 0[ 0] 200,000[ ROUTE~ 0679 RAILROAD CROSSING P.E. 3,000 0{ 3,000{ 3,000 0{ 0{ 0 0[ 0 0[ TC, 405 0679-002-S R/W 1,000 0{ 1,000{ 1,000 0{ ID: 17172 0.25 MI S. RT. 738 CON 96,000 0] 96,000] 96,000. 0] 0{ 0] 0] 0 0] CONTRACT (LIGHTS & GATES) TOT 100,000 0{ 100,0001 100,000. 0 0[ 0] 0{ 0 0{ RRP LENGTH:0.05 MI. {EAD 10 1999 I [ { 15 ECD 03 2000 { { { ........... ~ .................... + ............... + ........... ~ ...........+ ............+ ............~ ............+ ............+ ............~ ............+ ...........+ ............................. ROUTE: 0625 LIGHTS & GATES IP.E. 3,000 0[ 3,000 0 3,000{ 01 0l TC~ 211 0625-002,S R/W 1,000 0~ 1,000 0 1,000{ 0] 0{ 0{ 0{ 0{ ID. 17173 RAILROAD CROSSING CON 96,000 0{ 96,000 0 96,000{ 0{ CONTRACT NEAR HATTON FERRY TOT 100,000 0{ 100,000 0 100,000 0 0{ 0{ 0{ 0{ RRP {LENGTH~ 0.05 MI. EAD 12 2000 { { 16 IECD 04 2001 I { ' I { ........... ~ ....................+ ...............+ ........... ~ ...........+ ........................ ~ ............+ ............+ ............+ ............~ ........... ~ ............................. Date= 09/23/1998 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page: 4 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollARS) COUNTY~ ALBEMARLE 1999-00 thru 2004-05 ROUTE [ DESCRIPTION I ESTIMATED I PREVIOUS IADDITIONAL PROJECTED FISCAL YEAR ALLOCATIONS { BALANCE ' LENGTH I COST I FUNDING I FUNDING . ............+ ............ . ............+ ............+ ............+ ............+ TO COMMENTS { ] { { REQUIRED 1999~00 [ 2000-01 2001-02 } 2002-03 2003-04 { 2004-05 I COMPLETE ROUTE: 08101BROWNS GAP ROAD [P.E. 100,000- 0[ 100,000 0[ 0{ 01 100,000 0 0] 0[REVENUE SHARING ~100,000 TC: 2267[0810-002-. ,C R/W 75,0001 OI 75,000 ID: [AT INT. ROUTE 789 CON 375,000I 01 375,000 SAAP ISPOT IMPROVEMENT TOT 550,0001 0 550,000 RS }LENGTH:0.25 MI. EAD 10 2003 ~ 17 ) [ ECD '08 2004 . ........... ~ ............................................... + ........... ROUTE: 06761 OWENSVILLE RD. P.E. 40,000I 0 40,000 TC: 209410676-002- ,C R/W 25,0001 0 25,000 ID: INEAR INT. RTE, 601 CON 135,000 0 135,000 SAAP ISPOT IMPROVEMENT TOT 200,000~ 0 200,000 RS ~LENGTH~0.20 MI. EAD 10 2003 18 I ECD 04 2004 ol ol ol 75,ooo o 01 01 0~ 25,000 250,0001 01 0 0I 200,000 250,000~ I ~ I I I I OI ol 0 40,000 OI o Ol ol 25,000 ol 0 0 0I 35,000 oI o[ o loo,ooo o[ I I ~ I 0J 012003-04 0J 100,000{ 0{ 100,000 0 0 0 0 0 REVENUE SHARING $100.000 0[2003-04 100,000 100,000 0 0 0 0 ........................ + ............~ ............~ ............+ ............~ ............+ ........... + ............................. 75,000 o[ o ol o] 75,000] o~ o{ lOO,OOO 0 0 o{ o{ 100,oo01 0[ o 175,000 0 0~ 01 0] 7,8481 167,1521 0 350,000 0 0[ 0l 01 182,8481 167,152I 0 ........... ~ ....................+ ........................... + ........... + ............+ ......................... ~ ......................... + ............~ ........... . ............................. TC: 2273{0649-002- ,C R/W 300,000 0 ID: {PR:ROUTE 29 CON 1,550,000 0 CONTRACT {TO:ROUTE 819 TOT 2,000,000 0 RS [LENGTH=2.60 MI, EAD 12 2004 21 { ECD 04 2005 ROUTE~ 0606[DICKERSON ROAD P.E. 150,000 0 TC: 589810606-002- ,C R/W 200,000 0 ID: {FR~ROUTE 649 CON 850,000 0 CONTRACT [TO:ROUTE 743 TOT 1,200,000 0 STATE IL~NGTH~0.87 MI, EAD 12 2004 22 { ECD 08 2005 ROUTE: 07951JAMES MONROE PKY. P.E. 75,000 01 TC: 010795-002- ,C R/W 100,000 0I ID: {INTERSECTION OF CON 175,000 01 CONTRACT {ROUTE 53 TOT 350,000 0{ STATE LENGTH:0.3 EAD 12 2004 23 ECD 06 2005 300,000{ 0[ 0 0 0[ 300,000 0l 0 2002-03 1,550,000{ 0I 0 0 0{ 400,000 650,000{ 500,000 2,000,000l 0[ 0 0 0[ 850,000 650,000[ 500,000 150,000 0{ 0 0 0{ 150,000 0{ 0{REVENUE SHARING $300,000 200,000 0{ 0 0 0{ 50,000 150,000~ 0}2002-03 850,000 0{ 0 0{ 0{ 0 550,000i 300,000{ [,2oo,ooo ol o o{ o{ 2oo.ooo 7oo,oool 3oo,oool ........... + ................................... + ........... + ...........+ ............ + ............ + ............+ ............+ ............ + ............. ROUTE: 067810WENSVILLE ROAD P.E. 100,000 0 100,000[ 01 0 0 100,000[ 01 0 TC: 296010678-002- ,C R/W 100,000 0 100,000I 0{ 01 0 100,0001 0{ 0 ID: [AT INT. ROUTE 250 CON 450,000 0 450,0001 01 0{ 0 150,000I 150,000I 150,000 S~P {SPOT IMPROVEMENT TOT 650,000 0 650,000[ 0{ 0[ 0 350,000I 150,000I 150,000 RS 'LENGTH:0.25 EAD I0 2003 J ' J J 19 { ECD 04 2004 I J J I J ROUTE: 0795[BLENHEIM ROAD P.E. 25,000 0 25,000{ 0[ 0{ 0[ 25,000 01 0[ 0 TC: 137610795-002- ,C R/W 30,000 0 30,000{ 0[ 01 0 30,000} 0{ 0[ 0 ID: lINT. ROUTE 790 CON 195,000 0 195,000[ 01 0] 0 54,467[ 140,533[ 01 0 SAAP [{NEAR SCOTTSVILLE) TOT 250,000 0 250,000[ 0] 01 0 109,467[ 140,5331 0] 0 STATE [LENGTH:0.2 MI, EAD 12 2003 [ ] ] ] [ 20 I ECD 06 2004 I I { t ~ I ........... + ................................... + .......................+ ............+ ............ ~ ......................... 4 ............ + ............~ ......................................... ROUTE: 0649{PROFFIT RD. P.E. 150,000 0 150,000~ 0[ 0 0 0 150,000 0] [REVENUE SHARING $500,000 Date= 09/23/[998 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page~ 5 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollaRS) COUNTY: ALBEMARLE 1999-00 thru 2004-05 ROUTE I DESCRIPTION I ESTIMATED I PREVIOUS ADDITIONAL PROJECTED FISCAL YEAR ALLOCATIONS I BALANCE I LENGTH I COST ] FUNDING FUNDING ............ + ............ ~ .........................+ ............' ............ + TO COI~4ENT S I I REQUIRED L999-00 { 2000-0] I 2001-02 2002-03 2003-04 ] 2004-05 I COMPLETE ROUTE: 0643.POLO GROUNDS ROAD [P.E. 150,0001 0 150,000 0[ 0] 0 0 [50,000{ 0[ 0 REVENUE SHARING 2004-05 TC: 915 0643-002- ,C IR/W 300,0001 0 300,000 0] 0l 0 01 [50,0001 150,000] 0 $500,000 ID: I ER: ROUTE 29 ICON 1,050,000' 0 1,050,000 0I 01 0 0' 0~ 550,0001 500,000 CONTRACT I TO: ROUTE 649 ITOT 1,500,000' 0 1,500,000 01 01 0 0I 300,00~ 700,000' 500,000 STATE ILENGTH.'2.70 MI. lEAD 12 2005 ] i I 24 ) ]SPOT SAFETY IMPROV. ~ECD 12 2006 I ~ ] ROUTE: 0641~ERAYS MILL ROAD [P.E. 75,000I 01 75,000 01 0 0 01 75,000] 0 0~REVENUE SHARING 2004-05 TC: 010641-002- ,C IR/W 100,000I 01 100,000 01 0 0 0i 100,0001 0 015100,000 ID: IBOX CULVERT OVER ICON 265,0001 0I 265,000 0I 0 0 01 658I 164,342 100,0Q0 CONTRACT ]JACOBS RUN ]TOT 440,000] 01 440,000 0I 0I 0 0] 175,658I 164,342 100,000 STATE ILENGTH~0.3 MI lEAD 12 2006 I I I 25 ) ~ ECD 08 2007 ~ } I .................... + .......................... ~ ..................... ........... ~ + -~- ~ ............+ ............~ ............ + ............+ .................................................... ROUTE: 06411FRAYS MILL ROAD .P.E, 5,000 0[ 5,000I 0[ 0 0[ 0] 5,000[ 0 0[ TC: 0[ 0641-002- ,D .R/W 0 0[ 0] 0[ 0 0J 0[ 0] 0 0[ ID: [BOX CULVERT · {CON 55,000 01 55,0001 01 0 01 0[ 55,0001 0 CONTRACT I JACOBS RUN ]TOT 60,000 0] 60,000] 0I 0 0] 0I 60,000I 0 STATE l LENGTH: lEAD 12 2006 I I ] J ] 25 ) ]ECD 08 2007 J . J J I ROUTE: 063IIRIO ROAD ]P.E. 100,000 0] 100,000 0[ 0 0[ 0] 100,000 0[ 0!REVENUE SHARING ~700,000 TC: 25000[0631-002, C ]R/W 250,000 0] 250,000 ID: [INT. PEN PARK LANE ]CON 650,000 0] 650,000 CONTRACT [ ]TOT 1,000,000 0~ 1,000,000 RS [LENGTH:0.4 MILES lEAD 12 2006 26 ) [ADD TURN LAN~S ECD 06 2007 ROUTE: 0743]EARLYSVILLE ROAD P.E. 100,000 0[ 100,000 TC: 11427]0743-002- ,C R/W 200,000 0] 200,000 ID: IFR=ROUTE 676 CON 700,000 0] 700,000 CONTRACT [TO:ROUTE 743 TOT 1,000,000 0] 1,000,000 RS [LENGTH~2.94 EAD 10 2007 27 ) [SPOT IMPROVEMENTS ECD 06 2008 ROUTE~ 0759[THREE CHOPT ROAD P.E. 5,000 5,000] TC= 262]0759-002-P55,N501 [R/W 8,000 8,000] ID: ll132[FR:ROUTE 616 [CON 197,000 197,000] OI SAAP ]TO:FLUVANNA CO. LINE[TOT 210,000 210,000l STATE ]LENGTH=0.60 MI. EAD 03 1998 ] 28 ) ] ECD 09 1998 ] 0l 0 01 01 55,100 100,000[ 94,892}2003-04 01 0 OI 01 0 0[ 650,000I 0} 0 0] 0[ 155,108 100,000~ 744,892[ 0[ 0 01 01 0 49,805] 50,195[REVENUE SHARING $400,000 0] 0 0] 0[ 0 01 200,000]2004-05 ol o ol o[ o o[ 700,000, 0] 0 0] 0[ 01 49,805[ 950,195[ ] ~ I [ I 0] 0 0] 0I 0] 0] 0 UNPAVED ROAD 0[ 0 0 0] 0[ 0] 0 CONTRACT AWARDED o[ o ol ol o~ ol o o[ o o{ o~ o{ ol o ROUTE. 0637]DICK WOOD ROAD P.E. 25,000 25,000 01 0 0 0] 0 01 0 0[UNPAVED ROAD TC: l10]0637-002-P52,NL01 R/W 30,000 30,000 0[ 0 OI OI 0 OI 0[ 0]RIGHT OF WAY AVAILABLE ID: 11125' FR: ROUTE 635 CON 1,045,000 873,992 171,008[ 171,008 0[ 0[ 0 01 0[ OI CONTRACT [TO:RT. 682 TOT 1,100,000 928; 992 171,008I 171,008 0[ 0[ 0 0' 0 0] STATE [LENGTH:2.9 MI. EAD 10 1998 ] ] [ [ 29 ) [ ECD 12 1999 Date~ 09/23/1998 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page: 6 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollARS} COUNTY: ALBEMARLE 1999-00 thru 2004-05 ........... + .................... ~ ............... 4 ........... + ........... + ............ + ............ ~ ............ + ............ + ........................ ROUTE DESCRIPTION I ESTIMATED I PREVIOUS i~DDITIONAL PROJECTED FISCAL YEAR ALLOCATIONS LENGTH I COST FUNDING FUNDING .......................... + ............+ .........................~ ........... ] REQUIRED 1999-00 2000-01 I 2001-02 2002-03 2003-04 ' 2004-05 BALANCE ] TO COi~NTS COMPLETE ROUTE: 06051DURRETT RIDGE ROAD [P.E. 5,0001 5,000[ TC: 9310605-002-P ,N IR/W 15,000 15,000[ ID: 17175 FR:GREENE CO. LINE ]CON 280,000 158,652I SA~P T0:0.83 ME GREENE CLITOT 300,000[ 178,6521 STATE LENGTH:0.83 MI. EAD 02 1999 I 31 ~ECD 0S 1999 ] ............................... + ............... + ........... ROUTE: 0679 GRASSMERE ROAD 'P.E, 10,000. 0 TC: 216 0679-002-P ,N IR/W 10,0001 0 ID: 11127 FR:ROUTE 738 ]CON 405,000] 0 SAAP TO:END MAINT. ITOT 425,0001 0 STATE LENGTH:0.7 MI. lEAD 10 1999 32 IECD 07 2000 ROUTE: 0791[MIDWAY ROAD [P.E. 10,000[ 10,000 0 0 0[ 0I 0 0[ 0I 01UNPAVED ROAD TC: 30710791-002,P ,N ]R/W 15,000I 15,000 0 0 01 0] 0 O[ 01 01RIGHT OF WAY AVAILABLE ID~ 11128 FR:ROUTE 635 ICON 235,000 175,000 60,000 60,000 0 SAAP TO:DEAD END RTE. 79]ITOT 260,000 200,000 60,000 60,000 01 0[ 0 O[ O] O[ STATE [LENGTB:O.73 MI. EAD 12 1998 { 30 { ,ECD 08 1999 I ........... ~ ....................~ ........................... + ...........+ ............ + ............ ~ ............+ ............+ ............ +__ + ...................... 0{ 0 0{ 0 0 0[ 0[ 0]UNPAVED ROAD 0{ 0{ 0[ 0 0{ 0{ 0{ 0 RIGHT OF WAY AVAILABLE 121,348{ 121,348[ 0[ 0 0{ 0] 0[ 0 121,348] 121,3481 o[ o o] ol o 0 1o,ooo[ lO,OOO- lO,OOO{ lo,ooo' 405,000[ 280,000 425,000{ 300,000 ................................ + ............... + ........... ROUTE: 07081SECRETARYS ROAD IP.E. 30,000 0I 30,000I 30,000 TC: 15110708-002-P ,N IR/W 30,000 0I 30,0001 30,000 ID: lllg01FR:0.7 M.W. RTE. 7951CON 625,000 0I 625,0001 46,045 CONTRACT ITO:0.28 M.W. RT. 6201TOT 685,000 0I 685,000~ 106,045 STATE {LENGTH~2.09 {EAD 08 2000 33 { tECD 07 2001 Ol 0 ol 0 125,000} 0 z25,000{ 0 ol o o{ o 409,000{ 169.955 409,000{ 169,955 0{ 0{ 0 0{UNPAVED ROAD 0] 0{ 0 0{PARTIAL RIGHT OF WAY o{ o] o o{ o' o o oJ ol ol ol 0IUNPAVED ROAD ol o{ ol 01PARTIAL RIGRT OF WAY 0l 0l 01 0} 0l 0 0[ 0} ~ I I I I ~ ........... . .................................... + ........... + ...........+ ............ + ............ + ............ ~ ............~ .........................~ ...........~ ............................. ROUTE~ 0615[LINSDAY ROAD P.E. 10,000 0{ 10,000 0[ 10,000 0l 0{ 0 0{ 0[UNPAVED ROAD TC: 23710615-002-P ,N R/W 10,000 0[ 10,000 ID: FR:ROUTE 639 CON 200,000 0{ 200,000 STATE FORCEITO:LOUISA CO, LINE TOT 220,000 0[ 220,000 STATE .LENGTH:0.50 MI. EAD 12 2000 [ 34 ~ ECD 06 2003 ........... ~ ....................................+ ........... ~ ........... ROUTE: 0667[CATTERTON ROAD P.E. 10,000 0I 10,000 TC: 124 0667-002-P ,N R/W 10,000 0I 10,000 ID: {FR:i.0 MI.SE RT 776 CON 280,000 0{ 280,000 SAAP [TO:ROUTE 776 TOT 300,000 0{ 300,000{ STATE {LENGTH:I.0 MI~ EAD 08 2001 I 35 J ECD 04 2002 I 0[ 10,000 o{ ol 0 0{ 0{RIGHT OF WAY AVAILABLE ol 1~0,000 20,000{ ol 0 o~ ol ol 200,0001 20,0001 01 o 0t 0l + + + ............~ ............+ ........... + ............................. 0~ 10,000 0I 0I 0 01 01UNPAVED ROAD Ol 10,000 0] 0{ 0 0' 0]RIGHT OF WAY AVAILABLE 0 47,611 232,389 0 ol 67,611 232,389, ol 0 ol ot { { ~ I I ................................................ + ........... + ........... ~ ............ . ............+ ............~ ............+ ......................... ~ ...........+ ............................. ROUTE: 07371MOUNTAIN VISTA RD. P.E. 20,000 0{ 20,0001 0] 0{ 20,000] 0 0 0{ 0{UNPAVED ROAD TC{ 7510737-002-P ,N R/W 20,000 0{ 20,000] 01 0[ 20,0001 0 0 0[ 0{RIGRT OF WAY AVAILABLE ID: [PR:ROUTE 6 CON 610,000 0[ 610,000{ 0] 0{ 310,000 300,000 0 0{ 0[ SAAP ITO{1.19 MI.E. RT. 6 TOT 650,000 0i 650,000{ 0l 0I 350,000l 300,000 0 o, o[ STATE ~LENGTR:I.19 EAD 08 2002 36 ECD 06 2003 ........... ~ .................................... +.__' ........ ~ ........... + ............ + ............+ ............~ ............. ............+ ............+ ........... + ............................. Date: 09/23/1990 BO~RD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page: 7 DISTRICT: CULPEPER CONSTRUCTION PROGRA}4 (In DollARS) COUNTY: ALBEMARLE 1999-00 thru 2004-05 ROUTE DESCRIPTION I ESTIMATED PREVIOUS .ADDITIONAL I PROJECTED FISCAL YEAR ALLOCATIONS I BALANCE LENGTH ] COST FUNDING FUNDING * ......................... * ......................... * ............ + ............ * TO COF~4ENTS [ REQUIRED ] 1999-00 9000-01 2001-02 2002-03 I2003-04 2004-05 ] COMPLETE ROUTE: 0702 RESERVOIR ROAD IP.E. 20,0001 0[ 20,000 0 0 20,000 0[ 0~ 0[ 0 UNPAVED ROAD TC: 406 0702~002-P ,N ]R/W 20,000I 0[ 20,000I 0 0] 20,000 01 0I 0 0 NO RIGHT OF WAY ID~ 'FR:ROUTE 29 RAMP CON 900,000. 01 900,000 0 OI 38,253 325,000] 400,000 136,747 0 S/~AP ~TO:DEAD END ~TOT 940,000 0] 940,000 0 0I 78,253 325,000' 400,000 136,747 0 STATE .LENGTH:2.4 MI. JEAD 10 2003 ( 37 ) ~ IECD 12 2004 ROUTE: 0640~GILBERT STATION RD. IP.E. t0,000] 0[ 10,000 0 0 0 10,000 0 0J 0 UNPAVED ROAD TC~ 230~0640-002-P ,N IR/W 20,000] 01 20,000 0 0 0' 20,000 0 0] 0 NO RIGHT OF WAY ID: IFR:ROUTE 64] ICON 270,0001 01 270,000 0 0 0 90,010 130,179 49,8111 0 CONTRACT ITO:ROUTE 747 ]TOT 300,000] 0I 300,000 0 01 01 120,010 130,179 49,8111 0 STATE ]LENGTH~0.70 MI. IEAD 10 2003 ( 38 ) ] ]ECD 03 2004 ROUTE~ 0633[HEARDS MT.RD. ]P.E. 10,000 0] 10,000 0 0 0] 10,000] 0 0[ 0]UNPAVED ROAD TC: 59J0633-002-P ,N ]R/W 20,000 0] 20,000 0 0 0] 20,000] 0 01 0]NO RIGHT OF WAY ID: ]FRsNELSON CO. bINE ]CON 270,000 0] 270,000 0 0 0] 87,713I 57,890 124,397~ 0] CONTRACT ]TO:ROUTE 634 ITOT 300,000I 0] 300,000 0 0 0] 117,713I 57,890 124,397~ 0] STATE [.LENGTH:0.50 MI. lEAD 10 2004 ] ] ] ' ] ] ( 39 ) J IECD 06 2005 ] ' ] ] ] ROUTE: 0606]DICKERSON ROAD ]P.E. /0,000] 0] 10,000 0 0 0] 0] 10,000 0~ 0]UNPAVED ROAD TC: 170]0606-002-P ,N ]R/W 40,000] 0[ 40,000 0 0 0t 01 40,000 0[ 0]NO RIGHT OF WAY ID~ JFR:ROUTE 850 ~CON 950,000I 01 950,000 0 0 0' 0I 216,445 543,559I 189,996 CONTRACT ]TO:ROUTE 1030 ~TOT 1,000,000] 0[ 1,000,000 0 0 0[ 0 266,445 543,559I 189,996 STATE LENGTH:l.99 MI. lEAD 10'2005 ] [ ] ( 40 ) t ]ECD 10 2006 ] I I I I I I Date: 09/23/1998 BOARD APPROVAL: 01/01/1999 SECONDARY SYSTEM Page: 8 DISTRICT: CULPEPER CONSTRUCTION PROGRAM (In DollARS} COUNTY: ALBEMARLE 1999-00 thru 9004-05 ROUTE [ DESCRIPTION I ESTIMATED ~ PREVIOUS ADDITIONAL ~ PROJECTED FISCAL YEAR ALLOCATIONS ~ BALANCE LENGTH I COST FUNDING I FUNDING ~ ............* ........................ ~ ............+ ............· ............ - TO COMMENTS I ' [ I REQUIRED 1999-00 2000-01 2001-02 ] 2002-03 2003-04 2004-05 ] COMPLETE · ********** COUNTY TOTALS I 80,435,266 ~ 16,282,684' 64,152,582 4,833,694 5,125,011] 5,393,986 5,459,697~ 5,420,0241 5,420,0241 32,500,146I · ********** REPORT TOTALS - PE] 4,013,600 1,887,600 2,126,000 623,000 23,0001 333,043 331,957 715,000' 49,805 50,195, -R/W- 12,634,400 5,066,622I 7,567,778 1,592,622 1,622,132 ~,031,837 1,731,187[ 795,.108 400,000 394,892~ -CON[ 63,787,266 9,328,462' 54,458,804 2,618,072 3,479,879 4,029,106 3,396,5531 3,909,916 4,970,219 32,055,059' TOTAL ALLOCATIONI 4,833,694 5,125,011' 5,393,986 5,459,697' 5,420,024 5,420,Q24 AMOUNT REMAININGI ] 0 01 0[ 01 0 0 [ CHRISTOPHER J. LONG Mayor SARA J, GENTHNER Town' Administrative O.~cial LINDSAY G. DORILIER Town Attorney ATTACHMENT C SiP 1 0 :~' , Council James P. Hogan p._ . Barry L. Long . "~ ~ D e DtR. Stephen Phipps ~a' ~l~i~j~ ~ ':2 ' HaroldA. Pillar Kathleen A.Sagarino Craig N. Stratton 4 September 1998 Mr. Juan Wade Albemarle Cotmty Planning Commission; Dept. of Plalllling & Comm~llity Development 401 M~Tntire Rd. CharloResvill¢, VA 22902 Thank you so much for your recent phone call concerning future improvements to Scottsvill¢ area roads (roads numbe~ 600 and above). As requested, we submit the following suggestions for the county' s pending "six year plan", based on public input from a recently held ScotLnville Public Hearing: I. Within the Town limitn I. The comer where Rt.795 (Hardware Street) and Rt. 20 (Valley Street) meet is a "blinif' and very dangerous intersection for traffic approaching from any directiom Request that the high berm/emlmnkment formed in a "V" at said intersection be regrad~ to improve visibility. 2. Because traffic approaches the intersection so quickly and "blindly", request that you either m-examine earlier plans to lower Rt. 20 at its at~oach and intersection with Rt 726 to improve visibility, or conduct a comprehensive engineering study of same to produce alternate solutio~ Increased traffic, and patrick_ arly trucks, have made that a treacherous spat. 3. The segment of Rt. 726 (Jmes River Road) between Rt. 20 and Rt. 795 needs speed limit reduced to 25 MPH for entire stretck The road is very curvy in this section in particular, and danger to motorists and residents is compounded ~ numerous "hidden driveways". 4. The small bridge over Mink Creek on Ja~l~on Street is in need of repalr/restoratiom 5. Request signage on Page Street no~ near intersection with Bird Street warning traffic that Page is not a through stree~ Large numbers of vehicles ~ up the hill (very narrow street past Library and residences housing small children) expecting to end up on a main road out of town, then turn around in a private drive and speed lmck down hill. 6. Request some' form of "traffic calming" measure on Harrison Street between Bird Street and Warren Street Road too narrow at several points for safe two way Uaffic, and speeding vehicles aggravate the situation. lmg¢ 2 - Town of S~ottsvill¢ II. Outside of Town Limits 1. Roughly in front of "The Green Mountain Store", where Rt. 712 meets Rt. 20 needs some form of warning or flashing light. This has become a very busy and dangerous intersection, and there is inadequate warning about it as vehicles approach, particularly from the south. We all thank you in advance for your consideration of the community's concerns, and appreciate your continuing efforts on our behalf. Please don't hesitate to call me (286-2162) should you have any questions. Steve Phipps, Town Coucilmember Co-Chair of Scottsville Public Safety/Traffic & Infrastructure Committee COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road CharlOttesville, Virginia 22902-4596 (804) 296-5823 ATTACHMENT D TO: FROM: REF: DATE: Albemarle County Board of Supervisors ,/ Wayne Cilimberg, Director of Planning and Community Development~) ~ Response to Town of Scottsville Road Improvement Requests October 7, 1998 The Town of Scottsville held a public hearing on September 1, 1998 at which the public submitted suggestions to be considered for inclusion in the County Six Year Secondary Priority list and Secondary Road plan. Staff has included those projects where applicable in the priority list. This department did not get an opportunity to review the Scottsville list prior to their public hearing and did not attend their hearing because it was on the same night the Planning Commission had a worksession on the Six Year Plan. Staff will respond to each of Scottsville' s requests: Request: Intersection improvement at Route 795 and Route 20. Response: This project has been included in the County Six Year Secondary Priority Plan as priority # 41. Request: Intersection improvement study request, at Route 20 and Route 726. Response: VDOT will determine the extent of improvement and whether it should be funded with Primary or Secondary funds. Request: Speed limit reduction study on Route 726 between Route 795 and Route 20. Response: Speed reduction requests are not included in the Priority Plan. VDOT will review this request separately. Request: Bridge repair/restoration over Mink Creek Response: VDOT will have to review this project to determine the level of improvement and to give the bridge a sufficiency rating. October 7, 1998 Page 2 Request: Signage on Page Street for no through traffic. Response: The signage requested for this project can be funded through general pipe, signs,seeding, and new plant mix funding. Request: Traffic calming measures on Harrison St between Bird St and Warren Street. Response: The Six Year Secondary Road Plan has a line item budget for traffic calming. This project may be considered during the pilot project period. Outside Town Limits: Request: Intersection improvement at the intersection of Route 20 and Route 712 near the Green Mountain Store. Response: The signage requested for this project can'be funded through general pipe, signs,seeding, and new plant mix funding. A:scottsville.doc Janice C. Hunter 5283 Catterton Road, Free Union, VA 22940 Telephone 804=978=1536 September 16, 1998 The Honorable Walter F. Perkins Supervisor, Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902 Dear Mr. Perkins: Six Year Secondary Road Plan Widening and Paving of Catterton Road (State Road 667) from Buck Ford Road (State ROad 776) to Free Union Road (State Road 601) The purpose of this letter is to express my strong opposition to amending the Six Year Secondary. Road Plan to include the widening and paving of Catterton Road from Buck Ford Road to Free Union Road. At the public hearing on February 18, 1998, the Board of Supervisors declined to amend the plan to add the western end of Catterton Road. I supported your decision then, and I respectfully request that you continue to reject widening and paving of the western end of Catterton Road. For the record, Iam opposed to paving any portion of Catterton Road, evenrthg section from Mariah to Buck Ford Road that is scheduled to be paved in April, 2002. Once the tree canopy, huge oaks and hedge rows are gone, no amount of landscaping will ever restore the quaintness and country feel to the road. We would have destroyed another piece of Americana so a few people can drive 45 m.p.h, instead of 25 m.p.h., and Catterton Road will become just another ordinary black top country road stripped of its natural beauty. The unpaved beautiful and unspoiled road with its huge tree canopy clustered amongst the surrounding mountains was one of the primary attributes that enticed me to buy a home here in 1996. Paving would destroy and change the landscape forever. I am particularly opposed to widening and paving the far western end near 601 as it directly affects my property. My property is located at the far western end of Catterton Road (about 700 feet from State Road 601). I have about 360 feet of rOad frontage. My privacy would completely disappear if the trees in front of my property were cut to widen the road. My situation is compounded by the fact that the City has a 40-foot right-of- way for the gas pipe line between the house and road. This means it would be difficult for me to create a substitute barrier for privacy if the 25 feet of trees across the front of the property were removed. I understand that VDOT 'does not have sUffici~nt'right-of-Way across the front of my property to widen and pave the road. Since I am opposed to paving, I would be unwilling to donate additional land. 09-24-¢;~ 8,~ i o: 4;5 RC.V~ The Honorable Walter F. Perkins September 16, 1998 Page 2 The advantages of the unpaved road far outweigh the advantages of a paved road, I would strongly endorse that the County abandon this project indefinitely. There surely must be other areas where paving would be more welcomed by the neighborhood. Cordially, Janice C. Hunter cci Ms. Angela G. Tucker Resident Engineer Virginia Department of Transportation 701 VDOT Way Charlottesville, Virginia 22911 Albemarle County Department of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902 Pamela Gould Dativ Halt Farm 5245 Catterton Road, Free Union, VA 22940 Telephone 804-978-4950 September 14, 1998 The Honorable Forrest R. Marshall, Jr. Chairman, Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902 Dear Mr. Marshall: Re: Proposal to widen and pave Catterton Road This letter addresses the opposition of the entire block of owners living along one side of the unpaved end of Catterton Road. All of us came out here at one time or another because we consciously chose a country life. Although the option of a development or suburb in town was clearly available we rejected that alternative in favor of a quiet place amidst peerless scenery. We were quite happy to put up with the inconveniences of the country -- indeed we expected them. Most of us are fairly conscious environmentalists deeply concerned with the disappearing grandeur of the land, the disappearance of the trees and the ever increasing incursion of development, sometimes embarrassingly ostentatious, sometimes sadly banal, but always final. I think that there are few of us who do not drive along Garth Road today without feeling the pain of what it used to be. I remember when it was one of the most beautiful roads in America; now it is just one more developers dream. Ridge Road, on the other hand,has been largely saved by the forethought of its residents who have moved hell and highwater to keep it a quiet unpaved road. Thus, its residents are still able to jog and ride the full length of it, virtually undisturbed by cars; and it is precisely this idea that brings me to the heart of the matter. We are all aware, of course, of the comfort of driving along the paved section of the road but we are also aware that the farms that border that end are horse farms and that the houses on them are set way back amidst the paddocks. I live in my son's future guest house, right on the road, smothered in dust of course (particularly this summer) but virtually undisturbed by cars other than those belonging' to the neighbours, horse vans and farm lorries. I know almost everyone who passes, have little fear of crime and can work in my garden, play with my dog or sit on my porch with a cocktail in the evening undisturbed by fast cars and the intrusion of "short-cutters." The peace is heaven and I know that all of my neighbours share my love of this place and equally share a passion to preserve it as one of the last corners of the county which has not been already destroyed. We believe that our children will never forgive us if we do not fight to keep as much of the countryside as possible intact to hand on to them. All of us on the unpaved end of Catterton would rather put up with the dust than with traffic and development. BOARD OF SUPERVISORS All of us will lose huge hunks of property and trees, our fence lines will be irreparably altered and, most of ali, we are united in our opposition of the road being opened up to 601; thereby issuing an open invitation to pick-up tracks belting along at 60 m.p.h., throwing beer cans and refuse out the windows, Sunday drivers and trippers out for a day in the country, the short curers from Boonesville to Earlysville and vise versa and the detrimental effect it will have for the residents who so much like to use it for riding, walking their dogs and jogging and will either have to abandon those activities or pursue them while simultaneously dodging tnfflic. We think we have a right, as taxpayers and owners, to maintain our bucolic state and our much loved privacy. Ail of us, we think, have a responsibility to maintain this unspoiled comer of Albermarle for the next generation and we hope you will assist us to do just that by voting against paving Catterton through to 601. Yours sincerely, Pamela Gould .JOHN COLLIER MARTIN ~115 CATTERTON ROAD FREE UNION, VII~GINIA 229~ September 30, 1998 The Honorable Walter F. Perkins Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902 Re: Cattert0n Road Dear Mr. Perkins: I understand that the Board of Supervisors will hold a Work Session on October 7, 1998, to consider the Six Year Secondary Road Plan for 1999-2005 which presently includes Catterton Road as a secondary road paving project. The purpose of this letter is to request that Catterton Road be N_~ from the Six Year Plan, and that funds tentatively allocated for Catterton Road be used to improve some other road in the White Hall Magisterial District, or elsewhere in the County. As you may know, Catterton Road is a quiet and rather bucolic country road, 3.4 miles in length. The road extends in a Northwesterly direction from Buck Mountain Road (Route 665), to an intersection with Free Union Road (Route 601), at the base of Buck Mountain. My home is located on the Northwest portion of the road. A 1.6 mile segment of the road, beginning at Buck Mountain Road, was paved a number of years ago. The remainder of the road is gravel, and it has been well maintained over the years. The draft Six Year Plan to be considered by the Board on October 7 lists a portion of Catterton Road, from a point i mile Southeast of Buck Mountain Ford Road (Route 776) to Buck Mountain Ford Road. The estimated cost to pave this portion of the road is $300,000.00, and the estimated completion date is April 2002. The remaining .9 mile section of the road, from Buck Mountain Ford Road to Free Union Road, has never been included in a Six Year Plan. Apparently, there are questions concerning acquisition of the necessary right-of-way and/or construction easements for the Northwest portion of the road. Nevertheless, there has been a concerted effort by some to add the .9 mile Northwest section of Catterton Road tO the Six Year Plan, and I expect that this will again be discussed at the October 7 Work Session. Although the Department of Planning and Community Development has never recommended inclusion of this portion of Catterton Road in the Six Year Plan, and the Planning Commission has never voted to include this section of the road, I expect that efforts again will be made to have the Board of Supervisors amend the Six Year Plan, sua sponte, to accommodate the interests of a few Catterton Road property owners. Although there are no cost estimates for this additional portion of the road, I assume that it would be at least another $300,000.00. Accordingly, the total cost for paving the remaining unpaved portion of Catterton Road in its entirety could be more than $600,000.00. In light of the sums of money involved, therefore, the decision whether to pave Catterton Road is an important matter. Ir'is also important because a decision to pave this road will change it forever by destroying much of its natural beauty, its peaceful character and historic value. A decision to pave Catterton Road als° necessarily means that some other roads in the County will go unpaved although the need of other County residents for paving or other secondary roadimprovementsmay be great. 'When facing decisions such as this, therefore, it is clearly important that the County follow its own procedures for such decision making. I am not certain that this has been done with respect to Catterton Road. In this regard, I believe that there is patent and substantial question, as to whether Catterton Road qualifies for paving under the County's Criteria Based Rating System for Unpaved Road Improvement. I assume that these criteria were adopted to provide an objective and fair basis for making secondary road paving decisions. Additionally, with objective standards to guide decision making, governmental officials can better guard against even the appearance of conflicts of interest. When Catterton Road is properly considered under these criteria, however, I fail to see any rational basis for a decision that it should be paved. In this regard, I understand that four factors are to be considered under the Criteria Based Rating System. These factors are: 1) Growth Area Location; 2) Average Annual Daily Traffic; 3) Road Width; and, 4) Existing Right-of-Way. Catterton Road clearly fails to. qualify under the first criteria because it is not in a "growth area location." This portion of the County is strictly rural in character, and I seriously doubt that it will ever be slated for development and growth by County planners. Moreover, Catterton Road does not serve any transportation needs to or from growth areas. Access to Charlottesville from this portion of the County, for example, is provided by Free Union Road which intersects at its Southern Terminus with Garth Road. Access to the Earlysville area, the Airport and the Northern portions of Route 29 is provided by Markwood Road (Route 664). Even if paved, Catterton Road would not provide any greater access,-or swifter access, to growth areas of the County than is already provided by an adequate network of paved roads. 2 With very few exceptions, if any, Catterton Road serves only those who live on this road. Catterton Road also fails to qualify under the second criteria because of its extremely low traffic volume. In August, the Virginia Department of Transportation conducted a traffic count analysis and I am informed that the traffic on this road remains very low. There is simply no need whatsoever, to pave this road to accommodate high traffic volumes. With respect to the third criteria, "road width," the present gravel surface of Catterton Road is approximately 16 in many places, and slightly narrower in other places. It is not, however, an excessively narrow road. If I correctly understand the purpose and meaning of this third criteria, therefore, Catterton Road does not require paving priority because it is excessively narrow. Nor does Catterton Road appear to qualify under the fourth criteria, -existing right-of-way." Although VDOT believes it possesses a 50 foot right-of-way from Buck Mountain Ford Road to Free Union Road, it does not possess necessary construction easements. Accordingly, VDOTdoes not presently have all the land it would need to pave this portion of the road. Additionally, I am informed that the VDOT right-of-way on the Southeast portion of the 'road is only 40 feet, and property owners on tb~t portion of the road may not know whether additional construction easements will be needed and requested. I would greatly appreciate, therefore, your review of the justification for paving Catterton Road under the County's objective criteria. Although I understand that funds for County paving projects come from State, and not County revenues, it is nevertheless the County's responsibility to insure that these funds are wisely spent. If the need to pave Catterton Road is not justified under objective standards, it is my belief that the expenditure of these funds would constitute waste, and operate to the detriment of all County residents. Your consideration of this matter will be greatly appreciated. CC.* The Honorable Emily CoUric The Honorable Paul Harris The Honorable Forrest R. Marshall, Jr. The Thomas Jefferson Area Community Criminal Justice Board invites you to... A Q,n, the Future of Criminal JuStice" in central Virginia Please attehd one he follq~,ing meetings.: Thomas Commission 300 East Virginia The Thomas Jefferson Area Community criminal Justice Board is developing a regional criminal justice plan. It wants to tailor that plan to local needs; to do so they need your help. The purposes of the workshop are to hear your views and priorities about criminal justice, offender rehabilitation and the use of jail, prison and community alternatives. Public safety is a central role of government; it accounts for a significant portion of the county budget. Please join with us to examine criminal justice options and help to chart a course for criminal justice in our region that will be effective and responsive. For more information about the meeting, contact Bruce G. Carveth at (804) 979, 7310 For more informatiOn about the Thomas Jefferson Area Community Criminal Justice Board, see over. THOMAS ~JEFFERSON AREA COMMUNITY CRIMINAL ~JUSTICE BOARD P.O. BOX 1505, CHARLOTTESVILLE, VA P.:~902'1505 (804) 979'7'3 I 0 * FAX (804) 979- 1597 ALBEMARLE, CHARLOTTESVILLE, FLUVANNA, GOOCHLANO, GREENE, LOUISA, MADISON, NELSON, ORANGE THOMAS ~JEFFERSON AREA COmMUN'IT~ CRIMINAL ~IUSTICE BOARD P.O. BOX 1505. CHARL~)TTE~¥1LLE, VA :~J02' { 505 (804) 979-73 I 0 ' I~X (804) 979-1597 ALBEMARLE, CHARLOTI~:SVILLE. FLUVANNA, GOOCHL~ND, GREENE, LOUISA, MADIBON, NELSON, OP~NGE THE BOARD: ItS 'PURPOSES AND ACTIVITIES The Thomas Jefferson Area Community Criminal Justice Board (CCJB) was formed in July 1995 as provided for under §53.1-183, resulting from the parole reform measures (i.e., "Truth in Sentencing") implemented by the Virginia legislature in 1994. The Board's mission is to enable participating localities to work together to develop community-based pretrial court services and post conviction, alternatives to incarceration for misdemeanants and certain nonviolent felons. The Board is also mandated to produce a biennial Criminal Justice Plan for submission to the Department of Criminal Justice Services. The participating localities include' those within Judicial District 16 except Culpeper (i.e., Charlottesville, Albemarle, Fluvanna, Goochland, Greene, Louisa, Madison and Orange) and Nelson County in Judicial District 24. Members of the Board include the following (as mandated by state law): - a General District Court judge; - a Circuit Court Judge; - a Juvenile and Domestic Relations Court Judge; - a Chief Magistrate; - a Chief of Police or Sheriff; - an Attorney for the Commonwealth; - a Public Defender or Criminal Defense Attorney; - Sheriff(s)/Regional Jail Administrator(s) of represented jails; - a local education representative; - a Community Services Board representative; - one citizen representative from each of the participating localities. The Board is staffed by a Criminal Justice Planner, Mr. Bruce G. Carveth. His office is located at the Thomas Jefferson Planning District Commission, 300 East Main St., Charlottesville, VA 22902. The work of the Board is supported by a federal grant, administered by the Department of Criminal Justice Services and requiring a local match of 25%. Meetings are held on the 2nd Monday of every other month (January, March, May, July, September and November) at 5:00 pm in Rm. 235, Albemarle County Office Building; 401 Mclntire Rd., Charlottesville, VA. All meetings are open to the public. The Thomas Jefferson Area Cdme Project Background Report September 1998 THIS ITEM WAS SCANNED UNDER CRIMINAL JUSTICE REPORTS THOMAS JEFFERSON AREA COMMUNITY cRIMINAL JUSTICE BOAR · '., P.O.. BOX 150.5. CHARLOTrESv1tell, VA 22~02- 1505 ' (804) 97~73 I 0 * F~ (804) ~7~ 1597 community corrections p~%~ition~; ~60n~OnWC;lth,sattornCys,, laW ~forcenicnt, ' · elected officials and others interested in loCal criminaI justice: issues. Friday, October 23, 1998 -·~ 12:30 pm: 'to 4:00 'pm Mclntire Room, Jefferson.Madison Regional LibrarY 201 East Market St., Charlottesville Agenda 12:30 pm ................. Welcome and IntroductorY Remarks S. Braxton (Colt) Puryear, Commonwealth's Attorney, County of Madison Chairman, Thomas Jefferson Area Community Criminal Justice Board PART I: Pretrial Services 12:45 pm ' Pretrial Services: The Cutting Edge in Community Corrections John Clark, Senior Associate Pretrial Services Resource Center, Washingto.n., DC This presentation will look at thc role of pretrial services in the judicial process and describe exciting new options (such as Drug Courts and Day Reporting Centers) that are making this area a "Cutting Edge" in community corrections in America. The Pretrial Services Resource Center is a national clearinghouse for pretrial services information. 2:00 pm .................. Pretrial Services in the Thomas Jefferson area Pat Smith, Executive Director, OAR/Jefferson Area Community Corrections ' ' Pat Smith, who has directed pretrial services to the coUrts during the past 17 years, will give an overview of the service in Central Virginia. PART Ih An Introduction to Restorative Justice Restorative Justice is a new community-based approach to sanctioning offenders that takes as its primary goals the restoration of victims of crime and the restoration of harm done to .the community. 2:30 pm .................. Restoring JuStice-A videotape introduction to the concept 3:00 pm .................. The Restorative Justice Program in Staunton and Augusta County Panel participants: Dave PastorS, Executive Director, Blue Ridge Court Services; Kathleen Jenkins, Restorative Justice Coordinator; members from the Resporative Jusce Board and participants in the restorative justice process. This is a free conference. No registration is required COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Update on NeighbOrhood Activities SUBJECT/PROPOSAL/REQUEST: Discussion to UPdate the Board on Neighborhood-based activities including the Matching Grant Fund STAFF CONTACT(S): MeSsrS. Tucker, Huff, Catlin AGENDA DATE: October 7, 1998 ACTION: ITEM NUMBER: INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: Albemarle County's Neighborhood Team has initiated a number of neighborhood-based activities during the past several years including the establishment of a Matching Grant Fund to provide seed money to neighborhoods who identified enhancement projects and were willing to "match" the county's contribution ($1000.00 maximum) with an equal value in time, donated materials, money, etc. The fund was allocated $10,000.00 during Fiscal Year 1997/98 which was its first year of operation. DISCUSSION: Applications were made available to all interested neighborhoods and publicized through various channels including the news media, the county homepage, tax inserts and the county's monthly newsletter. By the end of the 12-month grant period (June 30th), we had awarded six grants of $1000.00 each as detailed below. Several applications that were received before the end of the Fiscal Year were approved but funds were actually expended during Fiscal Year 1998/99. An additional $10,000.00 was allocated to the Matching Grant Fund on July 1, 1998 to continue the program for another year. Grants · · · · awarded during Fiscal Year 1997/98 include: Southern Albemarle Organization - renovation of the W. D. Ward Center Whitewood Neighborhood Association - establish an apartment for use as a community space/meeting room Batesville Ruritans - master planning for Batesville Brookmill Neighborhood Association - restoration activities for Meadow Creek Hillsboro Community Association - community center rehabilitation Earlysville Area Residents League - improvements to grounds of community gathering space Woodbrook Neighborhood Association - relandscaping at Woodbrook Elementary School (conducted in conjunction with the School Division RECOMMENDATION: This is for the Board's information only, no action is required. r~etgn~ornooa - ~~. ' Leadership Institute The first NLI class will be chosen from the applications we receive - approximately 15 - 20 students will be enrolled from each the city and county Applications should be returned by Wednesday, October 21 - those se- lected will be notified by October 26 Selection of students will be made to create as diverse a group as possible Students must be willing to commit to attending all four NLI sessions There will be no charge to students Neighborhood Leadership Institute Working together for healthy, safe neighborhoods ~.',. ~:.. ~.i. ,' ~~~ Sponsored by Albemarle County and the City of Charlottesville  Albemarle County and the City of Charlottesville 'have enjoyed a steady succession of dedicated community leaders and concerned, ,, involved citizens. They sustain our region's long-standing traditions of active neighborhoods, participating citizens and lively cooperation , ~ - - between local government and the community. The county and city together have designed a new educational experience to help citizens better understand and participate in the dynamic process of making our community a better place. This fall area residents are invited to attend the Neighborhood Leadership Institute, a hands-on opportunity for selected neighborhood leaders to strengthen their organizational and leadership skills and to work more effectively with local government. ueshons and 'Answers about the Neighborhood The Neighborhood Leadership Institute will consist of four sessions, two of which will combine city and county students and two of which will be held separately by each jurisdiction. Time 8:30 am - noon 7:00 pm -9:00 pm 7:00 pm-9:00pm 8:30 am - noon Location Downtown Library TBA TBA County Office Bldg. Topic Community organizing, leadership, publicity separate city/county class separate city/county class Regional issues and resources Date ASaturday, Nov 7 (joint city/county) AThursday, Nov 19 AThursday, Jan. 21 a, Saturday, Feb. 6 (joint city/county) Leadership Institute How do I apply for the NLI? You can request an application from either Albemarle County or Char- lottesville. Please return completed ap- plications by October 2 I. What can I expect from the NLI? You will be expected to attend all four sessions. You will meet and interact with local government staff and representatives from other neighbor- hoods in the area. What will I learn during NLI? Sessions will focus on a variety of community organizing and local government issues. City of Charlottesville/County of Albemarle Neighborhood Leadership Institute Application 1998 Name Address City, State, Zip Code Telephone number (h) fax e-mail What do ))ou call your neighborhood? Number of years in Charlottesville/Albemarle Hobbies/Personal Interests Briefly describe any contributions or achievements in neighborhood/community activities which you consider significant and explain your role in the accomplishments. Please list - in importance to you - civic, political, social or other organizations to which you belong. More space is provided on the bacl~ of this sheet, if needed. (over) Briefly explain what you hope to gain from, and how you would use, your NeighbOrhood Lead- ership Institute experience. I understand the purpose of the Neighborhood Leadership Institute and I'am committed to attending all four sessions as detailed in the accompanying letter. I would like to be considered for a space in the NLI. Signature ' Date City residents mail to: Neighborhood Leadership Institute Office of Community Development P.O. Box 911 Charlottesville,VA 22902 County residents mail to: Neighborhood Leadership Institute Community Resources Office 401 Mctntire Road Charlottesville,VA 22902 Note: County Residents may also FAX their application to (804) 296-5800. COUNTY OF ALBEMARLE AGENDA TITLE: Crossroads-Waldorf School Lease SUBJECT/PROPOSAL/REQUEST: Public hearing to consider a lease of Old Crozet School to Crossroads-Waldorf School STAFF CONTACT{S): Messrs. Tucker, Huff, Marshall, Perkins AGENDA DATE: October 7, 1998 ITEM NUMBER: ACTION: × INFORMATION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: INFORMATION: No BACKGROUND: For the past six years, the County has leased the Old Crozet School to Crossroads-Waldorf School, most recently at an annual rent of $28,254. Crossroads-Waldorf is interested in executing a new lease to begin July 15, 1999 upon the expiration of our current agreement. A new lease being proposed is for a period of four years with the tenant having the option to renew the lease for two additional terms of one year each. The proposal stipulates that the tenant must exercise the option to renew the lease for the two additional terms by notifying the County on or before July 1, 2001. The County retains the right to terminate the lease by providing twelve months' written notice. DISCUSSION: The proposal stipulates that the annual rent paid by the tenant each year shall increase by the CPI index plus an additional $3,000 for each year of the agreement. The tenant is responsible for maintenance and repairs to the property that cost less than $2,000 up to a maximum of $5,000 annually with the County being responsible for any repair costing more than $2,000. Additionally, the County agrees to undertake several projects which are scheduled in the County's ClP plan to include repairing or replacing the roof as necessary, repoint failing brick, paint the exterior of the building as necessary and replace windows as needed. The tenant further agrees to maintain an aggressive maintenance program acceptable to the County to assure that the premises are maintained in a good and safe fashion. State Statute requires that a public hearing be conducted prior to entering into a lease agreement of this nature. RECOMMENDATION: The Board's Property Committee has reviewed the elements of this lease and recommend it to the Board for its consideration. Staff recommends that, following the public hearing, the Board authorize that the lease be executed. 98.198 COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Richard E. Huff, II, Deputy County Executive Mark A. Trank, Deputy County Attome~ September 10, 1998 Crossroads WaldOrf School Lease Agreemem Attached are two originals of the Lease .Agreement that have been signed and notarized by Crossroads Waldorf School representatives. I have advised Lindsay Barnes that the Board of Supervisors will hold a public hearing on the proposed Agreement on October 7, 1998, and that County approval will await Board action. Please let me know if you have any questions. Eric. MAT/realest.gen/waldorf.mml COUNTY OF ALBEMARLE EXECUTIVE OFFICE Adaptive Reuse of the Old Crozet Elementary School July 1997 THIS ITEM WAS SCANNED UNDER LAND USE REPORTS ~,~. ~ RD OF SUPERVISORS CERTIFICATE OF ACCEP.~.ANCE OF TERMS The undersigned County Executive of Albemarle County~ Virginia (the "County"), certifies as follows: 1. PursUant to a resolution (the "Resolution") of the Board of Supervisors of the County, adopted on October 7, 1998, he has accepted the terms of the County's General Obligation School Bonds, Series i 998A (the "Bonds"), as set forth in this certificate. 2. The Bonds shall be in the aggregate principal amount of $7,245,000. Principal shall be payable on the dates and in the amounts and the Bonds shall bear interest at rates all as set forth on Exhibit A. 3. The principal amounts and interest rates accepted with respect to the Bonds are within the limitations of Section 3 and 4 of the Resolution. 4. A copy of this certificate has been filed with the office of the Clerk of the County on the date hereof. Dated November/O, 1998. 7/15/99 1 / 15/00 7/15~00 1/15/01 7/15/01 1/15102 7/15~02 1/15103 7/15103 1115104 7/15~04 1115105 7/15/05 1 / 15~06 7/15/06 1/15/07 7/15/07 1/15~08 7/15/08 1/15/09 7115109 1/15/10 7/15/10 1/15/11 7/15111 1/15/12 7/15/12 1/15/13 7/15/13 1/15/14 7/15/14 1115115 7/15/15 1/15/16 7/15/16 1/15117 7115117 i/151i 8 7/15/18 1/15/19 7/15/19 Totals Principal $365,000 0 365,000 0 365,000 0 365,000 0 365,000 0 365,000 0 365,000 0 365,000 0 365,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 0 360,000 360,000 0 $7,245,000 EXH-I B I T Albemarle County Non-Subsidized Local School Bond Rate Interest Total Fiscal Total 3.600% 4.850% 4.350% 4.350% 4.350% 4.350% 4.350% 4.350% 4.350% 4.350% 4.600% 4.600% 4.600% 4.600% 4.600% 5.100% 5.100% 5.100% 5.100% 5.100% $217,805.06 159 552.50 159 552.50 150 701.25 150 701.25 142762.50 142 762.50 134 823.75 134 823.75 126,885.00 126,885.00 118,946.25 118,946.25 111,007.50 111 007.50 103 068.75 103 068.75 95 130.00 95 130.00 87 300.00 87 300.00 79 020.00 79.020.00 70740.00 70 740.00 62 460.00 62 460.00 54180.00 54 180.00 45 900.00 45 900.00 36.720.00 36 720.00 27 540.00 27 540.00 18,360.00 18,360.00 9,180.00 9,180.00 0.00 $582,805.06 159,552.50 524,552.50 150,701.25 515,701.25 142,762.50 507 762.50 134 823.75 499.823.75 126 885.00 491 885.00 118 946.25 483 946.25 11i 007.50 476,007.50 103,068.75 468,068.75 95,130.00 455,130.00 87,300.00 447,300.00 79,020.00 439,020.00 70,740.00 430,740.00 62,460.00 422,460.00 54,180.00 414, i80.00 45,900.00 405,900.00 36,720.00 396,720.00 27,540.00 387,540.00 18,360.00 378,360.00 9,i80.00 369,180.00 0.00 742,357.56 675.253.75 .658,463.75 642,586.25 626,708.75 610,831.25 594.953.75 579,076.25 563,198.75. 542,430.00 526,320.00 509,760.00 493,200.00 476,640.00 460,080.00 442,620.00 424,260.00 405,900.00 ~8f,54o.oo 369. t80.'00 $3,486,360.06 $10,73i 360.06 A Dated Date 11119198 Effective Rate 4.i240t~4% COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Public School Authority Bond Resolution SUBJECT/PROPOSAL/REQUEST: Request board approval of a Resolution authorizing the issuance of not to exceed $7,600,000 in VPSA Bonds STAFF CONTACT(S): Messrs. Tucker, Huff, Breeden AGENDA DATE: October 7, 1998 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: INFORMATION: INFORMATION: REVIEWED BY: BACKGROUND: The FY 1998/99 Capital Improvement Budget was approved with the intent to issue approximately $7,600,000 in bonds through the Virginia Public School Authority. DISCUSSION: Resolutions authorizing the application to VPSA were approved by the School Board on August 24, 1998, and by the Board of Supervisors on September 2, 1998. Attached for your information is a projected payment schedule based on the estimated interest rate of 4.70%. In order to proceed with this process, a public hearing is scheduled for 7:00 p.m. on October 7, 1998. In addition, the attached Resolution will require your approval on the same date. Also, for your information, a schedule of events necessary to complete the bond issue is enclosed. RECOMMENDATION: Staff recommends approval of the resolution to proceed with this project and to meet the bond issuance guidelines. 98.210 Virginia Public School Authority Series 1998 B - Albemarle County Estimate of Local Schoo~ Bond Debt Service Debt Service Schedule SChadule I Date Principal Coupon interest 7/15/99 365,000.00 4.100000 216,865.83 1/15/ 0 158,627.50 7/15/ 0 365,000.00 4.100000 158,627.50 1/15/ 1 151,145.00 7/15/ 1 365,000.00 4.100000 151,145.00 1/15/ 2 143,662.50 Period Total Fiscal Total 581,865.83 158,627.50 523,627.50 151,145.00 516,145.00 143,662.50 740,493.33 674,772.50 659,807.50 7/15/ 8 360,000~00 4.600000 96,030.00 456,030.00 1/15/ 9 87,750.00 87,750.00 543,780.00 7/15/ 9 360,000.00 4.600000 87,750.00 447,750.00 1/15/10 79,470.00 79,470.00 527,220.00 7/15/10 360,000.00 4.600000 79,470.00 439,470.00 1/15/11 71,190.00 71,190.00 510,660.00 7/15/11 360,000.00 4.700000 71,190.00 431,190.00 1/15/12 62,730.00 62,730.00 493,920.00 7/15/12 360,000.00 4.800000 62,730.00 422,730.00 1/15/13 54,090.00 54,090.00 476,820.00 7/15/13 360,000.00 4.850000 54,090.00 414,090.00 1/15/14 45,360.00 45,360.00 459,450.00 7/15/14 360,000.00 4.950000 45,360.00 405,360.00 1/15/15 36,450.00 36,450.00 441,810.00 7/15/15 360,000.00 5.000000 36,450.00 396,450.00 1/15/16 27,450.00 27,450.00 423,900.00 7/15/16 360,000.00 5.050000 27,450.00 387,450.00 1/15/17 18,360.00 18,360.00 405,810.00 7/15/17 360,000.00 5.100000 18,360.00 378,360.00 1/15/18 9,180.00 9,180.00 387,540.00 7/15/18 360,000.00 5.100000 9,180.00 369,180.00 1/15/19 369,180.00 Date: 09-03-1998 @ 16:48:47 Fi[ename: VPSA Key: 98B-ALBE 7/15/ 5 365,000.00 4.600000 121,215.00 486,215.00 1/15/ 6 112,820.00 112,820.00 599,035.00 7/15/ 6 365,000.00 4.600000 112,820.00 477,820.b0 1/15/ 7 104,425.00 104,425.00 582,245.00 7/15/ 7 365,000.00 4.600000 104,425.00 469,425.00 1/15/ 8 96,030.00 96,030.00 565,455.00 7/15/ 2 365,000.00 4.100000 143,662.50 508,662.50 1/15/ 3 136,180.00 136,180.00 644,842.50 7/15/ 3 365,000.00 4.100000 136,180.00 501,180.00 1/15/ 4 128,697.50 128,697.50 629,877.50 7/15/ 4 365,000.00 4.100000 128,697.50 493,697.50 1/15/ 5 121,215.00 121,215.00 614,912.50 Virginia Public School Authority Series 1998 B - ALbemarle County Estimate of Local School Bond Debt Service Debt Service Schedule Date principal Coupon interest Period Total Fisca[ Tota[ 7,245,000.00 3,506,530.83 10,751,530.83 ACCRUED 7,245,000.00 ~,506,530.83 10,751~530.83 Dated 11/20/98 with Delivery of 11/20/98 Bond Years 7-5,309.375 Average Coupon 4.783196 Average Life 10.118616 N ! C % 4.705665. % Using 100.7845038 Weighted Bond Years 73,716.838 Weighted Average Life 10.095656 weighted N I C % 4.679655 % Using 100.7845038 T i C % 4.648724 % From Detivery Date Arbitrage Yield 4.648724 % Date: 09~0~1998 @ 16:48:47 Filename: VPSA Key: 98B-ALBE T-~04 P.06/I0 Albemarle County, Vir~inh General Obll~dtion School Honds, Series 1998A Scbedlltle of Evenu Board o£Supervisors Meetinl~ Dates: First Wcctnesday at 9:00 am.; second and tlaird Wednesdays at ?:00 p.m. School Board Meeting Dates: Se~orgt and fourth Mondays School Board adopts resolution approving thc filing of an application with August 24 the VPSA Application together with School Board resolution filed with VPSA No latcr than $cptember 2 Board of Superv/sors adopts resolution ratifying tho filing of ~n application Septcm~//3f,~ with VPSA and forwards certified copy to VPSA . VPSA mails estimated repayment schedule and Bond Sale Agreement September 8 H&W ¢i~outa~ dmt~ Bond R~olufion Providing for tl~ I~su~c, oft. he S~pttmll:~' 11 Bond~ and form of nofi¢~ of public l~aring County tmblbh~ noti~ ofpubli, hearing on Bond i~$u,~ ~t,rnl~r 23 and 30 Comm~m du, on dr~fl Bond Re~olufion~ Sqxeml~ 29 H&W di~but~ Bond R~olution in final form (for inclusion in Board of S~pt~ml~r 29 _Sup~iso,rs' package), along with circuit court ctcrk's receipt~ Board holds public hearing, adopts Bond Resolution October 7 County A~orn~ fil~ Bond R~olution with cimui~ ~un ,lcrk'~ Octob~r 8 County returns Bond Salc Aip'~cnt to VI)SAs No laIcr than O~ob~r 9 H~W c~n:tflatea draft clo~ing c~ffificat~ for review by County and YPSA~ Octoi~r 19 Comm~nm du~ on draft closing ctu'tificatcs . Otv~ol~ 28 VPSA Bond Sale? October 28 H&W ~-.nda out ,losing ct~'tiflcau~'s to County for,x¢cution~ Novtml~r 7 Count~ obtains eignaturcs on closing centficaW, s Novcmber 10-13 County r~u'ns executed closins ccrtificates to H~W~ November 13 Pr~.~lo~ing ~nd ~!~ng of SNAP ~plication by County~° Novt~ll~r 16-17 Clo~ingu Nov,mt~r 19 l.~cond publication mu~ follow f'tr~ ~1~ ~ ~ ~ ~ ~11 wc~ ~ public ~mS m~ follow s~nd 2.~e Bond ~olmi~ ~d~f~ ~e ~ik of~ ~ ~. ~e ~blic Fi~ Ac~ of 1~1 ~ ~1~ of 6~ ~ of~. ~ls ~lu~ ~!~ fl~ ~ ~ C~ o~ci~s. Final f~ of~d R~luti~ will mfl~ c~ su~c~ or ~u~ ~ ~ C~ ~ V~A. 4.~qui~ ~ V~ ~ ~ 15.2-2~7. C~ provid~ f~ a ~O~y obj~ion ~ afl~ fil~ ~ Vi~ C~e ~.VPSA will ~ ~c ~ ~is ~ ~ich pmvJ~s ~or ~ ~le ~ C~'s 9~s to VPSA. ~ ~d 6.~ ~H ~ ~ ~ c~cv~ di~ ~ifi~s for ~ ~ v~ Co~ ~ ~I ~ o~s. Th~ ~.V~R ~]~ ~ ~ m ~vide ~ m ~ your ~. ~A c~s ~e C~ ~nte~ ~ ~t~ ~ ~ ~v~ ~r compl~ wi~ ~ ~ la~ V~ la~ ~ VPSA ~u~. ! i.~ ~'s ~ ~ deti~ m V~ ~d ~ ~ ~ a~le for Co~ ~. At a regular meeting of the Board of Supervisors (the "Board") of the County of Albemarle, Virginia, held on the 7th day of October, 1998, at which the following members were present and absent: PRESENT: Mr. David P. Bowerman; Mrs. Charlotte Y. Humphris; Mr. Forrest R. Marshall, Jr; Mr. Charles S. Martin; and Mrs. Sally H. Thomas. ABSENT: Mr, Walter F. Perkins. the following resolution was adopted, after a public hearing on the issuance of the bonds described therein was held in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, by the affirmative roll call vote of a majority of all members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Mr. Bowerman Aye Mrs. Humphris Aye Mr. Marshall Aye Mr. Martin Aye Mrs. Thomas Aye RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,600,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES 1998A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $7,600,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on October 7, 1998, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2- 2606, Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,600,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms establishedpursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA to be fair and acceptable to the County Executive that is not less than 99% of par and not more than 103% of par, in accordance with the terms established pursuant to this Resolution. The Chairman of the Board, the County Executive, or such officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998A"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six and a one-half percent (6.5%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence suCh interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: -2- (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of and premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption~ The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive bonds for whiCh the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009, through July 14, 2010 July 15, 2010, through July 14, 2011 July 15,2011, and thereafter 102% 101 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax -3- upon all taxable property in the County subject to local taxation sufficient in mount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage The Chairman of the Board, the County Executive and such officer or officers of thc County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of thc Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (thc "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will bc inVested and expended as set forth in such Certificate as to Arbitrage and such Usc of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of thc Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such coVenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the coUnty are hereby authorized to take such action as they or any one of them may consider -4- necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on October 7, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Albemarle, Virginia, this 7th day of October, 1998. [SEALI~ County of -5- NO. TR-1 EXHIBIT A (FORM OF TEMPORARY BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE General Obligation School Bond Series 1998A The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the' principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999, and annually on July 15 thereafter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 1999 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as bond registrar (the "Bond Registrar"), shall make all payments of principal of and premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date freed for prepayment or redemption. Ifa Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of and premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. A-1 The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation smfficient to provide for the payment of the principal of and premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or def'mitive bonds in marketable form and, in any case, in fully registered form in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2009 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2009, and the definitive Bonds for which this Bond may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009, through July 14, 2010 July 15, 2010, through July 14, 2011 July 15, 2011, and thereafter 102% 101 100 A-2 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of the County of Albemarle, Virginia, has caused this Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated November__, 1998. COUNTY OF ALBEMARLE, VIRGINIA (SEAl.) ATTEST: Clerk, Board of Supervisors of the County of Albemarle, Virginia Chairman, Board of Supervisors of the County of Albemarle, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-4 SCHEDULE I Principal Installments [See Attached] Path: DOCSOPEN\RICHMOND\07921\26222\000023\5h1502!.DOC Doc #: 255353; V. 2 A-5 VIRGINIA PUBLIC SCItOOL AUTItORrrY BOND SAI,E AGREEMENT dated as of October 9, 1998 Name of Jurisdiction (the "Local Unit"): Albemarle CountY Sale Date: Not earlier than October 26, nor later than November 12, 1998 Closing Date: On or about November 19, 1998 Principal Amount (Requested): $7,245,000 Amortization Period: Up to Twenty (20) Years 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general obligation school bonds at a price, determined by the VPSA to be fair and accepted by you, that is not less than 99% of par and not more than 103% of par in the Principal Amount set forth above (as authorized by your bond resolution) from the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale Date. You represent that on or before October 9, 1998, your local governing body will have duly authorized the issuance of your bonds by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your bonds will be in the form set forth in the local resolution. Any changes that you or your counsel wish to make to the form of the local resolution and/or your bonds must be approved by the VPSA prior to adoption of the local resolution by your local governing body. ~ You hereby covenant that you, will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix F, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds pledged under VPSA's 1997 Resolution compromise more than 10% of the total principal amount of the pool of all such local school bonds. MOP status will be determined by adding to the principal amount of your local school bonds to be sold to the VPSA and the principal amount of your local bonds previously sold to the VPSA and currently pledged under VPSA's 1997 Resolution and measuring the total against 10% of the face value of all local school bonds pledged under VPSA's 1997 Kesolution. If you are a MOP, the VI)SA may require that you file all the information described in the following paragraph prior to VPSA's mailing its Preliminary Official Statement, currently scheduled October 9, 1998. The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will need to make appropriate changes m the local resolution for the issuance of bonds by a City or Towr~ You acknowledge that if you are a MOP following the issuance of your local school bonds that are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference in its Preliminary Official Statement and final Official Statement the information respecting you ("Your Information") that is on file with ~the Nationally Recognized Municipal Securities Information Repositories ("NRMSII~s") and the Municipal Securities Rulemaking Board ("MSRB"). Accordingly, if it appears that you will be a MOP following the delivery of your local school bonds to the VPSA in connection with this sale, you hereby represent and covenant to the VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (i) the date of the VPSA's Preliminary Official Statement (expected to be October 9, 1998), (ii) the date of sale of the VPSA's final Official Statement (expected to be October 28, 1998) and (iii) the date of delivery of VPSA's bonds (expected to be November 19, 1998), will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading. You further agree to furnish to the VPSA a copy of all filings you make with NRMSIRs and the MSRB subsequent to the date of this Agreement. Such copy will be furnished to the VPSA on the same day that any such filing is made. Whether you are or are not initially a MOP, the VPSA will advise you by September 1 of each year as to whether you were a MOP as of the end of the preceding fiscal year and will also advise you of your status as a MOP as of any other date upon your written request. VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution (see Appendix E attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSA, Wachovia Bank, N.A. and Mentor Investment Advisors, LLC, the depository and the investment manager, respectively, for the State Non-Arbitrage Program ("SNAP"), providing for the custody, investment and disbursement of the proceeds of your bonds and the other general obligation school bonds, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended, and any costs incurred in connection with your participation in SNAP (the "Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form attached hereto as Appendix C, (e) if you will be a MOP on the date of delivery of your local school bonds, your certificate dated the date of the delivery of the VPSA's bonds to the effect that Your Information was as of the date of the VPSA's Preliminary and final Official Statements, and is as of the date of the certificate, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it has been filed or which is necessary to make the statements contained in such information, in light of the circumstances under which they were made, not misleading, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross income for federal and Vh'glnia income tax purposes of the interest on your bonds, the conformity of the terms and provisions of your bonds to the g:~HARED~EBT~VPSAXlSSUE~OgBLO8-1~ Sept~m~ 7, 1998 requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds Agreement, (g) a wanscfipt of the other customary closing documents not listed above, (la) the proceeds of VPSA's bonds (ii) if you will be using the proceeds of your bonds to retire a~bond anticipation note, certificate of participation or other form of interim financing (the "Interim Security") receipt by VPSA of (A) an opinion of your bond counsel that, as of the Closing Date, the Interim Security will be defeased according to the provisions of the instrument authorizing the Interim Security or that cash and/or the maturing principal and interest on securities will be sufficient to pay the principal, interest and any redemption premium on the Interim Security have been irrevocably placed in escrow for the benefit of the holder(s) of the Interim Security and (B) an executed copy of the escrow deposit agreement/letter of instruction providing for the retirement of the Interim Security and (iii) your compliance with the terms of this agreement. Two complete transcripts .(one original) of the documents listed above shall be provided by your counsel to the VPSA on the Closing'Date or, with VPSA's permission, as soon as practicable therea/~er but in no event more than thirty (30) business days aRer the Closing Date. 5. This Bond Sale Agreement shall take effect on October 9, 1998. Virginia Public School Authority Albemarle Caun~,, By: Authorized VPSA Representative By: Name: Title: g:~SHARED~DEB'ISVPSAXlSSUE~98BL011-1~sa Septeml:~r 7, 1998 (For information only; not pan of the Bond Sale Agreement.) Please have the presiding officer, or other specifically designated agent, of your governing body execute 2 copies of this Bond Sale Agreement and return them, along with the tax questionnaire attached hereto as Appendix D, no later than dose of business on October 9, 1998 to Richard A.-Davis, Debt Manager, Virginia Public School Authority, [by maill P. O. Box 1879, Richmond, Virginia 2,3218- 1879 or [by hand or courier servicel James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. If your governing body or bond counsel requires more than one originally signed Bond Sale Agreement, please send the appropriate number, ali but one will be returned at closing. g:~SHARED~,DEBT~VPSA~iSSUE~98B~gg..b~ Se. pt~nb~r 7, 1998 APPENDIX A to the Bond Sale Agreement STANDARD TERMS AND CONDITIONS Described below are terms of the local school bonds which must be embodied in your bond resolution and bond form and other conditions which must be met in order for VPSA to purchase your local school bonds on the Closing Date. VPSA will not purchase local school bonds unless and until such terms are present in the related bond resolution and bond form adopted by your goveming body and such conditions are met. Interest and Principal Payments Your bonds will bear interest from the Closing Date~ set forth in the Bond Sale Agreement and will mature on July 15 of the years and in the amounts as established by VPSA. Your bonds will bear interest payable in installments due semiannually on January 15 and July 15. The first interest installment will be payable on July 15, 1999 and the first principal installment will be payable on July 15, 1999. Your bonds will bear interest at rates 10 basis points (0. t 0%) above the actual rates on VPSA's bonds with corresponding principal payment dates. Payment For so long as the VPSA is the registered owner of your bonos, (i) the paying agent and bond registrar therefor shall be a bank or trust company qualified to serve as such. and If VPSA does not purchase your local school bonds on the Closing Date due to your fault, VPSA will invest, in demand or overnight investments, the amount of its bond proceeds to be used to purchase your local school bonds. If you cure your failure to deliver your local school bonds within the sixty (60) day period following the Closing Date, the VPSA will purchase your local school bonds and your bonds will bear interest from the date of delivery and payment or other date satisfactory to the VPSA. You will. however, be required to pay to VPSA an amount equal to the ,oositive difference, if any, between the amount of interest that would have accrued on your local school bonds from the Closing Date to your actual closing date and the amount of interest income VPSA was able to earn. during such period, from the investment of its bond proceeds pending their use to purchase your bonds. G:\SHARED\DEBTXVPSA\ISSUE\98B\APNXA98 September 4. 1998 (ii) all payments of principal, premium, if any. and interest shall be made in funds that shall be immediately available to the VPSA on or before l 1:00. A.M. on the applicable interest or principal payment date, or date fixed for prepayment or redemption, or if such date is not a business day for banks in Virginia or for the Commonwealth, then on or before 11:00 A.M. on the business day preceding such scheduled due date. Overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rates on your bonds. Prepayment or Redemption Bonds will be subject to redemption at the option of your governing body. subject to the consent of the VPSA or other registered owner. Your bond resolution shall provide for prepayment or redemption as follows: The bonds maturing after July 15. 2009 are subject to optional prepayment or redemption prior to maturity by [the issuer], from any available moneys, in whole or in part. on any date on or after July 15. 2009. at the following prepayment or redemption prices on the following prepayment or redemption dates, plus accrued interest to the date fixed for prepayment or redemption: Dates Price July 15.2009 through July 14, 2010 July 15. 2010 through July 14, 2011 July l 5, 2011 and thereafter 102% 101 100 Provided, however, that the bonds shall not be subject to prepayment or redemption prior to their respective maturities except with the prior written consent of the registered owner. Notice of any such prepayment or redemption shall be given to the registered owner by registered mail at least 60. but not more than 90, days prior to the date fixed for prepayment or redemption. G:\SHARED\DEBT~VPSA\ISSU E\98B\APN XA98 September 4. 1998 Security Your bonds must constitute valid and binding general obligations for the payment of which the full faith and credit of the local unit are irrevocably pledged, and all taxable property within the boundaries of the local unit must be subject to the levy of an ad valorem tax, over and above all other taxes and without limitation as to rate or amount, for the payment of the principal of. and premium, if any, and interest on the bonds to the extent other funds of the local unit are not lawfully available and appropriated for such purpose. Tax Matters You shall complete the Questionnaire attached hereto as Appendix D to the Bond Sale Agreement and send along with the Bond Sale Agreement no later than the close of business on October 9, 1998 to Richard A. Davis, Virginia Public School Authority, P.O. Box 1879, Richmond, Virginia 23218-1879. If delivered by hand to, Richard A. Davis, Debt Manager, Virginia Public School Authority, James Monroe Building- 3rd Floor, 101 N. 14th Street, Richmond, Virginia 23219. You shall execute the Use of Proceeds Certificate in the form provided in Appendix C attached to the Bond Sale Agreement for receipt by the VPSA at least three business days prior to the Closing Date.'- No Composite Issue You will covenant not to sell or deliver, without VPSA's consent, any general obligation bonds which are part of the same common plan of financing (and payable from the same source of funds) as your local school bonds, beginning, in the case of a sale. 15 days in advance of and ending 15 days after the Sale Date. Request and Consent of County School Board3 Before the governing body of a County adopts the bond resolution, the County School Board must first request, by resolution, the governing body to take such action. The County School Board must also consent to the issuance of bonds by the County. (See form of resolution in VPSA requires that the Use of Proceeds Certificate be executed separately from the tax certificates prepared by your bond counsel. Your bond counsel may also prepare one or more tax certificates that contain some information found in the Use of Proceeds Certificate in addition to information such aa' your reasonable expectations as to meeting the requirements to any of the rebate exceptions. Not applicable to cities and towns. (Section 15.2-2640, Code of Virginia) G:\SHARED\DEBT~VPSA\ISS U E\98B\APN XA98 September 4. 1998 Appendix E attached hereto.) Public Hearing and Notice Before the final authorization of your issuance of the bonds by the governing body, the governing body must hold a public hearing on the proposed issue unless the issuance of such bonds has been approved at referendum. The notice of the hearing, meeting the requirements of Section 15.2-2606, Code of Virginia 1950, as amended, must be published once a week for 2 successive weeks (notices at least 7 days apart) in a newspaper published or having general circulation in your locality. The public hearing may not be held less than 6 nor more than 21 days after the date the second notice appears in the newspaper. Delivery VPSA will accept delivery of your bonds only in the form of a single, typewritten, temporary bond. in registered form. payable to VPSA. The form of the bond is included as Exhibit A to the resolution in Appendix B to the Bond Sale Agreement. On 20 days written notice from VPSA. you agree to deliver, at your expense, in exchange fbr the typewritten bond. on one or more occasions, one or more temporary bonds or definkive bonds in marketable form and. in any case. in fully registered form in denominations of $5.000 and whole multiples thereof, and having an equal aggregate principal amount, as requested by VPSA. Comprehensive Annual Financial Report Annually for the life of your bonds, you will be required to submit a copy of your locality's Comprehensive Annual Financial Report ("CAFR") or annual audited financial statements to the rating agencies referenced below: Moody's Investors Service Public Finance Department Attention: Rachel E. Speltz 99 Church Street New York, New York 10007 Fitch IBCA Governmental Finance Attention: Claire G. Cohen One State Street Plaza New York, New York 10004 G:\SHARED\DEB'I~VPSA\ISS U E\98 B\APNXA98 September 4. 1998 4 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-I UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF General Obligation School Bond Series 1998" The COUNTY OF acknowledges itself indebted and promises AUTHORITY the principal amount of , VIRGINIA (the "County"), for value received, hereby to pay to the VIRGINIA PUBLIC SCHOOL DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 1999 and annually on July 15 thereatter to and including July 15, 2018 (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July 15, 1999 (each an !'Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinatter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America~ For as long as the Virginia Public School Authority is the registered owner of this Bond, Letter designation, if any. A-1 G:XSHAREDXDEBT~VPSAXISSUE~98A~NXB98 September 7, 1998 , as bond registrar (the "Bond Registrar"), shall' make all payments of principal, premium, if my, and interest on this Bond, without the presentation or surrender hereog to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in the Commonwealth of V'u'ginia or for the Commonwealth of V'n'ginia, then the payment of principal, premium, if' any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. G:~SHARED~DEBT~VPSA~JSSUE~ggA~tPNX]39g September 7, 199g This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of V'~rginia, including the ,'Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Vh'ginia 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County and the School Board 0fthe County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the V'n'ginia Public School Authority, at the ofl~ce of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having principal installments or maturities and beating interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of the V'trginla Public School Authority on the books of the County kept by the Bond Kegistrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2009 and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities: The principal installments of this Bond coming due at, er July 15, 2009, and the definitive Bonds for which this Bond may be exchanged A-3 G:VSHARED~DEBTW'PSA~ISSUEXggA'u~P~gg S~u~b~r 7, 1998 that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 through July 14, 2010 July 15, 2010 through July 14, 2011 July 15, 2011 and thereatter 102% 101 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without the prior written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so requked, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WItEREOF, the Board of Supervisors of the County of has caused this Bond to be issued in the name of the County of , Virginia, to be signed by its Chairman or Vice-Chairman. its seal to be afl. ed hereto and attested by the signature of its Clerk or A-4 G:XSHARED~DEBT~VPSA~ISSUEX98A~PNXB98 September 7, 1998 any of its Deputy Clerks, and this Bond to be dated ,1998. COUNTY OF VIRGI1VIA (SEAL) ATTEST: Clerk, Board of Supervisors of the County of , V'~rginia Chairman, Board of Supervisors of the County of · Vir{~nia ~-5 O:XSHARED~DEBT~VPSAXISSUEL08A~PNXBg8 September 7, 1998 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PKINT OR TYPEW/~TE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attomey to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed'by an "eligible guarantor institution" meet~g the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other"signature guarantee program" as may be determined by Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the fi'ont of this Bond in every particular, without alteration or change.) the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. A-6 G:~HARED~DEBTWPSA~ISSUEk9gA~.PNXB98 S~tember 7, 1998 [Appropriate Changes W'dl Need to be Made for Cities and Towns] APPENDIX B to the Bond Sale Agreement Resolution No. RESOLUTION AUTItORrZING ~ ISSUANCE OF NOT TO EXCEED $ GENERAL OBLIGATION SCltOOL BONDS OF ~ COUNTY OF , VIRGINIA, SERIES 1998 , TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTItO~ AND PROVIDING FOR TltE FORM AND DETAII.S TI~REOF. Wlt'EREAS, the Board of Supervisors (the "Board") of the County of Vkginia (the "County"), has determined that it is necessary and expedient to borrow not to exceed $ and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and Wgl-EREAS, the County [held/will hold] a public hearing, duly noticed, on , 1998, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); andI Wlt-EREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; NOW, TItEREFORE, BE IT RESOLVED BY ~ BOARD OF SUPERVISORS OF COUNTY OF , VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $ (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established' pursuant to this Resolution. ~ Omit and substitute appropriate recitative paragraph if bonds have been approved at referendum. B-1 G:kSHARED~)EBTWPSAklSSUE'O8BkAPNXB98 Sep~,nbet 7, 1998 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Chairman of the Board and the County [Administrator/Manager], that is not less than 99%of par and not more than 103% of par upon the terms established pursuant to this Resolution. The Chairman of the Board, the County [Administrator/Manager], and such officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9, 1998, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998 __"; shall bear interest fi-om the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 1999 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County [Administrator/Manager] is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six and one-half percent (6;A%o) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County [Administrator/Manager] is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of' the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the B-2 O:~SHARED~DEB'ISV'PSA~ISSUEX98A~PNXB98 Sept~nnber 7, 1998 VPSA at, or before I1:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for ~trginia banks or for the Commonwealth of Virginia, then at or before 11:00 a~m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) Agent for the Bonds. , Virginia, is designated as Bond Registrar and Paying 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2009, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 through July 14, 2010 July 15, 2010 through July 14, 2011 July 15, 2011 and thereafter 102% 101 100 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption; 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. _Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon B-3 G:XSHARED~DEB'ISVPSAXlSSUEXggA~98 Sq~tmnb~ 7, 1998 all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, whiclYtax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion fi.om gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i)the proceeds fi-om the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable fi-om gross income for Federal income tax purposes. 11. State Non-Arbitrage Proeram: Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County [Treasurer/Director of Finance] to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County [Administrator/Manager] and such offiCer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. 'Continuing Disclosure A~reement. The Chairman of the Board, the County [Administrator/Manager] and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. B-4 G:~SHARED~DEBT~'v?PSA~ISSUEX98AXAPNXB98 September 7, 1998 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection witty/the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on , 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certif3, that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: · Members abstaining from voting on the foregoing resolution were: WITNESS MY ~ and the seal of the Board of Supervisors of the County of Virginia, this day of ,1998. Clerk, Board of Supervisors of the County of , Virginia [SEAIq B-5 G:XSHARED~DEBTWPSAkiSSUEk98A, o~.PNXB98 Sq~nnb~' 7, 1998 APPENDIX C to the Bond Sale Agreement USE OF PROCEEDS CERTIFICATE The $ General Obligation School Bonds. Series 1998 B (the "Bonds"), issued by [Name of Local Unit] (the "Issuer") will be purchased by the Virginia Public School Authority CVPSA") from the proceeds of the VPSA's $ School Financing Bonds (1997 Resolution), Series 1998 B (the "VPSA's Bonds"), pursuant to a Bond Sale Agreement dated as of October 9. 1998. The proceeds of the Bonds will be used to acquire, construct and equip public school facilities owned and/or operated by the school board lrbr the Issuer (the "School Board"). The Issuer and the School Board each recognize that certain facts, estimates and representations set forth in the Certificate as to Arbitrage executed by VPSA in connection with the issuance of the VPSA's Bonds must be based on the representations and certifications of the Issuer and the School Board and that the exclusion from gross income for federal income tax purposes of the interest on the VPSA's Bonds depends on the use of proceeds of the VPSA's and the Issuer's Bonds. Accordingly, the Issuer and the School Board hereby covenant that: Section I. Description of Proiect. The proceeds of the Bonds. including investment income thereon ("proceeds"), will be used to finance the acquisition, construction, and equipping of public school facilities of the Issuer (the "Project"). Section 2. Governmental Use of Proceeds. The Issuer and the School Board covenant the following with respect to the use of proceeds of the Bonds and the facilities financed or refinanced therewith: (a) In General. (i) Private Business Use. No more than ten percent (10%) of the proceeds of the Bonds or the Project (based on the greatest of: (A) the cost allocated on the basis of space occupied, (B) the fair market value, or (C) the actual cost of construction) has been or, so long as the Bonds are outstanding, will be, used in the aggregate for any activities that constitute a "Private Use" (as such term is defined below in subsection (d) of this Section 2). (ii) Private Security or Payment. No more than ten percent (10%) of the principal of or interest on the Bonds, under the terms thereof or any underlying arrangement, has been. or, so long as the Bonds are outstanding, will be, directly or indirectly, (A) secured by any interest in (i) property used for a Private Use-or (II) payments in respect of such property or (B) derived from payments in respect of property used or to be used for a Private Use, whether or not such property is a part of the Project. (b) No Disproportionate or Unrelated Use. With respect to private business use disproportionate to or not related to governmental use financed or refinanced with the proceeds of G:\SHARED\DEBT~VPSA\ISSUE\98A\APNXC98 C-1 September 4. 1998 the Bonds, no more than five percem (5%) of the principal of or interest on such Bonds, under the terms thereof or any underlying arrangement, has been. or. so long as the Bonds are outstanding, will be. directly or indirectly, (x) secured by any interest in (I) property used for a Private Use or (II) payments in.respect of such property or (y) derived from payments in respect of property used or to be used for ~t Private Use. whether or not such property is a part of the Project. (c) No Private Loan Financing. No proceeds of the Bonds will be used to make or finance loans to any person other than to a state or local governmental unit. (d) Definition Of Private Use. For purposes of this Certificate, the term "Private Use" means any activity that constitutes a trade or business that is carded on by persons or entities other than state or local governmental entities. Any activity carried on by a person other than a natural person is treated as a trade or business. The leasing of property financed or refinanced with the proceeds of the Bonds or the access of a person other than a state or local governmental unit to property or services on a basis other than as a member of the general public shall constitute Private Use unless the Issuer obtains an opinion of Bond Counsel to the contrary. Use of property financed or refinanced with proceeds of the Bonds by any person, other than a state or local governmental unit. in its trade or business constitutes general public use only if the property is intended to be available and is in fact reasonably available [br use on the same basis by natural persons not engaged in a trade or business ("General Public Use"). In most cases Private Use will occur only if a nongovernmental person has a special legal entitlement to use the financed or refinanced property under an arrangement with the Issuer. Such a special legal entitlement would include ownership or actual or beneficial use of the Project pursuant to a lease, management or incentive payment contract, output contract, research agreement or similar arrangement. In the case of property that is not available for General Public Use. Private Use may be established solely on the basis of a special economic benefit to one or more nongovernmental persons. In determining whether special economic benefit gives rise to Private Use. it is necessary to consider all of the facts and circumstances, including one or more of the following factors: (i) whether the financed or refinanced property is functionally related or physically proximate to property used in the trade or business of a nongovernmental person; (ii) whether only a small number of nongovernmental persons receive the economic benefit: and (iii) whether the cost of the financed or refinanced property is treated as depreciable by the nongovernmental person. As of the date hereof, no portion of the Project is leased (or will be so leased) by the Issuer or the School Board (or a related party or agent) to a person or entity other than a state or local governmental unit or to members of the general public for General Public Use. G:\SHARED\DEBTWPSA\I SSUE\98A\APNXC98 C-2 September 4. 1998 (e) Management and Service Contracts. With respect to management and service contracts~ the determination of whether a particular use constitutes Private Use under this Certificate shall be determined on the basis of applying Revenue Procedure 97-13, 1997-5 I.R.B. 18 ("Revenue Procedure 97-13"). As of the date hereof, no portion of the proceeds derived from the sale of the Bonds is being used to finance or refinance property subject to contracts or other arrangements with persons or entities engaged in a trade or business (other than governmental units) that involve the management of property or the provision of services with respect to property financed or refinanced with proceeds of the Bonds that do not comply with the standards of Revenue Procedure 97-13. For purposes of determining the nature of a Private Use. any arrangement that is properly characterized as a lease for federal income tax purposes is treated as a lease. Consequently, an arrangement that is referred to as a management or service contract may nevertheless be treated as a lease. In determining whether a management contract is properly characterized as a lease, it is necessary to consider all of the facts and circumstances, including the following factors: (i) the degree of control over the property, that is exercised by a nongovernmental person: and (ii) whether a nongovernmental person bears risk of loss of the financed or refinanced property. Section 3. Time Test and Due Diligence Test. The Issuer and the School Board have incurred or will incur within 6 months of the date hereof substantial binding obligations, which are not subject to contingencies within the control of the Issuer or the School Board or a related party thereto. to third parties to expend at least 5% of the net sale proceeds of the Bonds on the Project. The Issuer and the School Board will proceed with due diligence to spend all of the proceeds of the Bonds within three years of the date hereof. Section 4. Dispositions and Chan~e in Use. (a) No Sale or Disposition. The Issuer and the School Board expect to own and operate and do not expect to sell or otherwise dispose of the Project, or any component thereof, prior to the final maturity date of the VPSA's Bonds (August 1, 2018). (b) Change in Use. The Issuer and the School Board represent, warrant and covenant that the facilities financed or refinanced with proceeds of the Bonds will be used for the governmental purpose of the Issuer and the School Board during the period of time the Bonds are outstanding, unless an opinion of Bond Counsel is received with respect to any proposed change in use of the Project. (c) Tax Covenant. The Issuer and the School Board represent, wan'ant and covenant that it will take no action that would cause either.the Bonds or the.VPSA's Bonds to be private activity bonds within the meaning of Section 14l(a) of the Code and that it will not fail to take any action that would prevent the VPSA's Bonds and the Bonds from being private G:\SHARED\DEBT~VPSA\ISSUE\98A\APNXC98 September 4. 1998 activity bonds, within the meaning of Section 141 (a) of the Code. Furthermore. the Issuer and the School Board have established reasonable procedures to ensure compliance with this covenant. Section 5. No Sinking or Pledae Funds. Neither the Issuer nor the School Board has established and will not establish any funds or accounts that are reasonably expected to be used to pay debt service on the Bonds or that are pledged (including negative pledges) as collateral for the Bonds for which there is a reasonable assurance that amounts on deposit therein will be available to pay debt service on the Bonds if the Issuer or the School Board encounters financial difficulty. Section 6. No Replacement Proceeds. (a) In General. No portion of the proceeds of the Bonds will be used as a substitute for other funds that prior to the Issuer's resolving to proceed with the issuance of the Bonds were used or are to be used to pay any cost of the Project. (b) Safe Harbor. In accordance with Section 1.148-1(c) of the Treasury Regulations regarding the safe harbor against the creation of "replacement proceeds", as of the date hereof, the weighted average maturity of the Bonds does not exceed 120% of the reasonably expected economic life of the Project financed thereby. Section 7. No Refunding. The proceeds of the Bonds will not be used to provide for the payment of any principal of or interest on any obligations of the Issuer, other than the Bonds. incurred in the exercise of its borrowing power, except for any temporary financing as described herein. Section 8. Composite Issue. There are no other obligations of the Issuer that have been. or will be (a) sold within 15 days of the Bonds, (b) sold pursuant to the same plan of financing together with the Bonds. and (c) paid out of substantially the same source of funds as the Bonds. Section 9. No Federal Guarantee. The Issuer and the School Board shall not take or permit any action that would cause (a) the payment of principal of or interest on the Bonds to be guaranteed, directly or indirectly, in whole or in part by the United States or any agency or instrumentality thereof or (b) 5 percent or more of the proceeds of the Bonds to be (i) used in making loans the payment of principal or interest on which are guaranteed in whole or in part by the United States or any agency or instrumentality thereof or (ii) invested directly or indirectly in federallv insured deposits or accounts (except as permitted under Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code!'), or the regulations promulgated thereunder). The Issuer and the School Board have not, and will not enter into, any (i) long-term service contract with any federal governmental agency, (ii) service contract with any federal governmental agency under terms that are materially different from the terms of any contracts with any persons other than federal government agencies, and (iii) lease of property to any federal government agency, that would cause the Bonds to be considered "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 10. No Hedge Bonds. The Issuer and the School Board reasonably expect that all G:\SHARED\DEBTXVPSA\ISSU E\98A\APNXC98 C-4 September 4. 1998 of the net sale proceeds of the Bonds will be used to pay the cost of the Project within three years of the date hereof. Furthermore. not more than 50 percent of the proceeds of the Bonds will be invested in Nonpurpose Investments (as such term is defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. Section 11. No Overissuance. The total proceeds derived by the Issuer from the sale of the Bonds and anticipated investment earnings thereon do not exceed the total of the amounts necessary for the Project. Section 12. Reimbursable Expenses. A portion of the proceeds of the Bonds to be applied to the cost of the Project will be used to reimburse the Issuer for expenditures incurred thereby with respect to the Project in anticipation of the issuance of the Bonds. The Issuer represents the following with respect to the costs of the Project to be reimbursed from the proceeds of the Bonds. (a) Official Intent. The total amount of reimbursed costs incurred by the Issuer with respect to the Project is not expected to exceed . Such expenditures were paid prior to the date hereof but no earlier than sixty (60) days prior to __. 199 . which is the date the Issuer adopted its "official intent" declaration (the "Official Intent Declaration") in accordance with Section 1.150-2 of the Treasury Regulations. The Official Intent Declaration: (i) was. on the date of its adoption, intended to constitute a written documentation on behalf of the Issuer that states that the Issuer reasonably expected to reimburse itself tbr such expenditures with the proceeds of a taxable or tax-exempt borrowing, (ii) set forth a general description of the Project, and (iii) stated the maximum principal amount of debt expected to be issued for the Project. The Issuer has taken no action subsequent to the expression of such intent that would contradict or otherwise be inconsistent with such intent. (b) Reasonable Official Intent. As of the date of the Official Intent Declaration, the Issuer reasonably expected to reimburse such expenditures with ~the proceeds of a borrowing. The Issuer does not have a pattern of failing to reimburse expenditures for which an intention to reimburse such expenditures was declared and which were actually paid by the Issuer other than in circumstances that were unexpected and beyond the control of the Issuer. (c) Reimbursement Period Requirement. The proceeds derived from the sale of the Bonds to be applied to reimburse the above-described expenditures will be so applied no later than the later of the date that is (i) eighteen (18) months after the date on which the expenditure being reimbursed was paid, and (ii) eighteen (18) months after the date on which the portion of the Project to G:\SHARED\DEBT~VPSA\ISSU E\98A\APNXC98 C-5 September 4. 1998 which such expenditure relates was placed in service within the meaning of Section 1.150-2 of the Treasury Regulations or abandoned. The Issuer shall not, however, use Bond proceeds to reimburse the above-described expenditures later than three (3) years after the date the original expenditure was paid. (d) Reimbursable Expenditures. The expenditures to be reimbursed are either (i) capital expenditures (within the meaning of Section 1.150-1 (b) of the Treasury Regulations), (ii) costs of issuance. (iii) certain working capital expenditures for extraordinary, nonrecurring items that are not customarily payable from current revenues (within the meaning of Section 1.148-6 (d) (3) (ii) (B) of the Treasury Regulations), (iv) grants (within the meaning of Section 1.148-6 (d) (4) of the Treasury Regulations), or (v) qualified student loans, qualified mortgage loans or qualified veterans' mortgage loans (within the meaning of Section 1.150~1 (b) of the Treasury Regulations). None of the expenditures to be reimbursed were incurred for day-to- day operating costs or similar working capital items. None of the proceeds of the Bonds being used to reimburse the Issuer for prior expenditures will be used. directly or indirectly, within one year of the date of a reimbursement allocation, in a manner that results in the creation of replacement proceeds (within the meaning of Section 1.148-1 of the Treasury Regulations), other than amounts deposited in a bona fi de debt service fund. (e) Anti-Abuse Rules. None of the proceeds of the Bonds are being used in a manner that employs an abusive arbitrage device under Section 1.148-10 of the Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147 of the Code. Section 13. Covenant as to Arbitrage. The Issuer and the School Board hereby covenants that whether or not any of the Bonds remain outstanding, the money on deposit in any fund or account maintained in connection with the Bonds. whether or not such money was derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner that would cause the Bonds or the VPSA's Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and the applicable regulations thereunder. Date: ,1998 [Name of Local Issuer] By: Name: Title: G:\SHARED\DEBT~VPSA\ISSU E\98A\APN XC98 C-6 September 4. 1998 [Name of School Board] By:. Name: Title: G:\SHARED\DEBT~VPSA\ISSU E\98A\APN XC98 C-7 September 4. 1998 APPENDIX E to the Bond Sale Agreement RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of principal amount not to exceed $ issue its general obligation school bonds in an aggregate (the "Bonds") for the purpose of financing certain capital projects for school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VI~ Section 10(b) of the Constitution of V'n'ginia, to the issuance of the Bonds. 2. This resolution shall take effect immediately. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing 'resolution were: Members voting against the foregoing resolution were: G:~SHAREDkDEBT~VPSA~SSUE~98B~PN-XE98 September 4, 1998 APPENDIX F to the Bond Sale Agreement CON2INUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person", as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $ aggregate principal amount of its School Financing Bonds (1997 Resolution) Series 1998 B (the "Series 1998 B Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997. The Series 1998 B Bonds and all other parity bonds heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the 1998 Series B Bonds are being used by the Authority to purchase certain general obligation school bonds (%ocal School Bonds") of the ~ Issuer pursuant to a bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement"). Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the ~ Issuer for the benefit of the holders of the Series 1998 B Bonds and in order to assist the Participating Underwriters (defined below) in complying with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "bond sale agreement" shall mean the Bond Sale Agreement and any other comparable written commitment of the Local Issuer to sell local school bonds to the Authority. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall'have the meaning given to such term in Section 3(a) hereof. "Fiscal Year" shall mean the twelve-month period at the end of which financial position and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 and G:~SHARED~DEBTWPSA~ISSUE~9 8B~ 9 8 continues through June 30 of the next calendar year. "holder~ shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner, of a Series 1998 B Bond. "Listed Events" shall mean any of the events listed in subsection 5fo)(5)(i)(C) of the Rule. "local school bonds" shall mean any of the Local School Bonds alld any other bonds of the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution. "Material Obligated Person" (or "MOP") shall mean the Lxx~ Issuer if it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's Series 1998 B Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State. as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ending June 30, 1998) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP) Not later than ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cross-reference other information as The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material ObLigated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. GSSHARED~DEBT~VPSA~IS SUE\98BLAPNXF98 provided in Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial statements prepared in accordance with applicable State law or, if audited financial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited financial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board and any State Repository in substantially the form attached hereto as Exhibit A. SECTION 4. Content of Annual R _eports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual financial information relating to the Local Issuer, including operating data, updating such information relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's Series 1998 B Bonds or if there is no such information described in clause (i), updating such information relating to the Local Issuer as shall have been included or cross-referenced in any comparable disclosure document of the l_ocal Issuer relating to its tax-supported obligations or if there is no such information described in clause (i) or (ii) above, initially setting forth and then updating the information referred to in Exhibit B as it relates to the Local IsSuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such information may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which have been filed with each of the Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Rulemaldng Board and each State Repository, if any, with a copy to the Authority. SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final G:~SHAREDkDEBT~VPSA'~ISSUI~9 8B~C~PNXF 9 8 F-3 retirement of all the Local School Bonds. SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a succesmr .'Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. [rhe initial Dissemination Agent shall be ..] SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Lrr~ Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the ~ Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to challenge the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the fights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the ~ Issuer, the Participating Underwriters, and holders from time to time of the Authority's Bonds, and shall create no rights in any other person or entity. G:~HARED~DEBT~VPSA~SUE\98B~PNXF 98 SECTION 12. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. [LOCAL ISSUER] By. G:~SHARED~DEBT~VPSA'~ISSLrE\98B~a, PNXF98 EXl-uRrr A NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMg-~S] Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 Resolution) SERIF_S 1998 B CUSIP Numbers. Dated: November ,1998 Name of Local Issuer NOTICE IS I-IFRI::.ItY GIVEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on October 5, 1998, by the Board of Commissioners of the Virginia Public School Authority, the proceeds of which were used to purchase $ [School Bonds] of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the Authority. Dated: [LOCAL ISSUER] By. G:kSHAREDXDEBTxVPSAkISSUE\9 8B~PlqXF9 8 F-6 EXHIBIT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. F'mancial Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and SUpplemental Information. A summary of the Loc~ Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the ~ Issuer. G:~SHARED~DEBT~VPSA~SSUE\98Bha. PNXF98 F-7 B&W DRAFT SEPTEMBER 11. 1998 PROCEEDS AGREEMENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $ School Financing Bonds (1997 Resolution) Series 1998 B Dated November 19, 1998 Among Virginia Public School Authority Wachovia Bank, N.A. Mentor Investment Advisors, LLC and Albemarle County Augusta County Bedford County Buchanan County Campbell County City of Chesapeake Clarke County Giles County King William County City of Poquoson Rappahonnock County Richmond County City of Roanoke Roanoke County Spotsylvania County Stafford County NYLIB 1/467372/3/18580/00063/vacham/September t 4. 1998 - 11:06 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section~ 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section t 8. Section 19. Section 20. Section 21. Section 22. Section 23. NYLIBl/467372/3/18580/OOO63/vacham/Septeraber 14, 1998- 11:06 Table of Contents Page Recitals ....................................................................................................................... 2 Definitions .................................................................................................................. 4 Disposition of VPSA Bond Proceeds ........................................................................ 9 Establishment of Accounts ........................................................................................ 9 Disposition of Local School Bond Proceeds ............................................................ 10 Investment of Principal Subaccount ........................................................................ 10 Disbursements from Principal Subaccount .............................................................. 10 Investment of Income Subaccount ........................................................................... 11 Income Subaccount .................................................................................................. 11 Investment Losses .................................................................................................... 13 Rebate Computations ............................................................................................... 13 Transfers to Income Subaccount .............................................................................. 14 Disposition of Excess Proceeds ............................................................................... 15 Rebate Payments and Penalty Payments .................................................................. 16 Duties of VPSA ........................................................................................................ 17 Duties of WB ........................................................................................................... 17 Duties of Local Units ............................................................................................... 17 Responsibilities of the Investment Manager ............................................................ 18 Costs ......................................................................................................................... 18 Opinions of Counsel ................................................................................ : ............... 19 Amendment .............................................................................................................. 19 Notices ..................................................................................................................... 19 No Third Party Beneficiaries ................................................................................... 21 i Section 24. Section 25. Section 26. Section 27. Section 28. Severability .............................................................................................................. 21 No Personal Liability. ............................................................................................... 21 Applicable Law ........................................................................................................ 21 Counterparts ............................................................................................................. 22 Effective Date; Term ................................................................................................ 22 NYLIBl/467372/3/18580/OOO63/vacham/September 14, 1998 - 11:06 ii B&W DtLzkFT SEPTEMBER 1 I. 1998 PROCEEDS AGREEMENT Respecting the Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $ School Financing Bonds (1997 Resolution) Series 1998 B This PROCEEDS AGREEMENT, dated November 19, 1998 (this "Agreement"), is among the Virginia Public School Authority, a public body corporate and instrumentali~ of the Commonwealth of Virginia ("VPSA"), the thirteen counties and three cities that are signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"), Wachovia Bank, N.A. a banking institution organized under the laws of the United States of America and having its principal office in Winston-Salem, North Carolina, and Mentor Investment Advisors, LLC, a corporation organized under the laws of Virginia and having an office in Richmond, Virginia. All capitalized terms used herein shall have the meaning given to them in Section 2 hereof. The parties hereto agree and covenant as follows: Section 1. Recitals. A. On or before October 9, 1998, VPSA and each of the Local Units entered into a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit agreed to sell its Local School Bonds. B. On October 28, 1998, VPSA's Bonds were awarded at competitive bidding to the Purchaser. The Purchaser is obligated by the terms of its bid to pay the purchase price for VPSA's Bonds on the Closing Date. VPSA will apply certain of the proceeds of the sale of VPSA's Bonds, together with other available money, to the purchase of the Local School Bonds on November 19, 1998, the Local School Bonds Closing Date. VPSA will also apply certain of NYLIBl/467372/3/lg580/00063/vacham/September 14. 1998- 11:06 the proceeds of the sale of'VPSA's Bonds, together with other available funds, to pay a portion of the interest on the VPSA's Bonds between the July 15, 1999 interest payment date on the Local School Bonds and the August 1, 1999 interest payment date on the VPSA's Bonds and to pay certain costs of issuance of the VPSA Bonds. C. The Code imposes requirements on VPSA and the Local Units selling their Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the Local School Bonds are to be excludable from gross income for federal income tax purposes, including a requirement that in certain circumstances, certain investment income with respect to the Local School Bonds, which income is deemed for federal income tax purposes to be investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments be made, to the United States Treasury. D. VPSA has determined that in order to fulfill its representations respecting the maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal income tax purposes, VPSA must establish a mechanism to provide accountability for the custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the Local School Bonds. E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum, practicable income by the professional management of the investment and reinvestment of the proceeds of the Local School Bonds; (iii) to provide for the custody, investment and disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate records thereof; (iv) to meet the rebate requirement imposed by Section 148(f) of the Code, in NYLIB 1/467372/3/18580/00063/vachamJSeptember 14, 1998 - 11:06 2 part through the payment of either the Local Unit Rebate Requirement by each of the Local Units or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) to provide for the allocation and payment of the costs associated with the establishment and maintenance of this Agreement. F. The purpose set forth in the preceding subsection E shall be accomplished through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with the Information Statement. Section 2. Definitions. In addition to the words and terms elsewhere defined in this Proceeds Agreement including the Exhibits attached hereto, the following words and terms shall have the following meanings: "Aggregate Local Units Rebate Requirement" shall be the amount calculated pursuant to the Letter Agreement. "Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement, dated November 19, 1998, among the Authority, the Local Units, WB and the Investment Manager. "Authorized Representative" shall mean, as applied to VPSA, WB, the Investment Manager and the Local Units, the person or each of the persons thereby designated, from time to time, in accordance with.and as listed on the page of this Agreement executed by such party. "Available Construction Proceeds" shall mean, as applied to each Local Unit, the sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to Section 5 hereo~ and (ii) the investment earnings thereon, reduced by the amount of issuance costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall NYLIB 1/467372/3/18580/00063/vacham/Septcmber 14. 1998 - 11:06 3 mean the sum of the amount set forth on the signature page as the portion of the issue used for construction and the investment earnings thereon, reduced by the amount set forth on the signature page as allocable to issuance expenses. "Bifurcation Election", with respect to each issue of Local School Bonds. shall mean the election made by the Local Unit to treat a portion of its Local School Bonds used for construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code. "Bond Sale Agreement(s)" shall refer to the Bond Sale Agreement(s), dated as of October 9, 1998, between VPSA and each Local Issuer. "Capital Expenditure" shall mean any cost of a type that is properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles as determined at the time the expenditure is paid :with respect to the property. "Capital Project" shall mean all Capital Expenditures, plus related working capital expenditures to which the de minimis exception provided by Section 1.148-6(d)(3)(ii)(A) of the Treasury Regulations to the proceeds-spent-last rule applies, that carry, out the governmental purpose of the Local School Bond issue. "Closing Date" shall mean November 19, 1998. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Computation Date" shall mean each of the Installment Computation Dates and the Final Computation Date. "Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage Program, between the Treasury Board of the Commonwealth of Virginia and the Investment Manager, including the Depository Agreement appearing as Appendix A thereto. NYLIB 1/467372/3/18580/00063/vacham/September 14. 1998 - 11:06 4 "Eighteen-Month Exception" shall mean the exception to the Rebate Requirement provided by Treasury Regulation Section 1.148-7(d). "Final Computation Date" shall mean the date the last bond that is part of the issue of VPSA's Bonds is discharged. "Gross Proceeds" shall have the meaning given to such term in the Letter Agreement. "Income Subaccount" shall mean (i) the Income Subaccount established pursuant to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Income Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local Units described therein. "Income Subaccount Set Aside" shall have the meaning given to such term by Section 9(b) of this Agreement. "Individual Portfolio" shall have the meaning given to such term in the Information Statement. "Information Statement" shall mean the current Information Statement describing SNAP, as the same may be supplemented and amended. "Installment Computation Dates" shall mean [December 1 ], 2003, and each fifth (5th) anniversary date thereafter. "Investment Manager" shall mean Mentor Investment Advisors, LLC. a corporation organized under the laws of Virginia and having an office in Richmond, Virginia, in its capacity as the investment manager of SNAP. "Investment Report" shall have the meaning given to such term in Part A of the Letter Agreement. NYL1B 1/467372/3/18580/00063/vacham/September 14. 1998 - 11:06 5 "Letter Agreement" shall mean the Letter Agreement, dated the date hereof. at~ached to this Agreement as Exhibit C. "Local School Bonds" shall mean general obligation school bonds of a Local Unit having the terms and provisions required by the Bond Sale Agreement. "Local School Bonds Closing Date" shall mean the Closing Date, except as Otherwise provided on the page of this Agreement executed by a Local Unit; provided, however. the Local School Bonds Closing Date with respect to an issue of Local School Bonds shall not be deemed to have occurred until the related Local Unit shall have delivered the Local School Bonds to VPSA and otherwise complied with the terms of its Bond Sale Agreement. "Local Unit" or "Local Units" shall have the meaning accorded to such term bv the first paragraph of this Agreement. "Local Unit Rebate Computation", with respect to each issue of Local School Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date pursuant to Section 11 of this Proceeds Agreement. "Local Unit's Rebate Requirement", with respect to each issue of Local School Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the Letter Agreement. "Penalty" shall mean the amount that must be paid to the United States Treasury. pursuant to the Penalty Election. "Penalty Election", with respect to each issue of Local School Bonds, shall mean the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section 148(f)(4)(C)(vii) of the Code. NYL[B1/467372/3/18580/OOO63/vacham/September 14. 1998- 11:06 6 "Principal Subaccount" shall mean (i) the Principal Subaccount established pursuant to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Principal Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the four Local Units described therein. "Proceeds Account" shall mean, with respect to each Local Unit, its account established under Section 4 of this Proceeds Agreement. "Purchaser" shall mean , the bidder offering to pay the lowest true interest cost of VPSA's Bonds to which VPSA awarded VPSA's Bonds at a competitive sale. "Rebate Calculation Agent" shall have the meaning given to such term in the Letter Agreement. "Rebate Computation" shall mean the computation, as of a Computation Date, of the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be a positive or a negative number. "Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer Exception, collectively. "Rebate Report" shall mean the Local Unit Rebate Computations. "Rebate Requirement" shall mean the rebate requirement imposed by Sections 148(f)(2) and (3) o£the Code. "Six-Month Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(B) of the Code. "SmalMssuer Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(D) of the Code. NYLIB [/467372/3/18580/O0063/vacham/September 14. 1998 - 11:06 7 "SNAP" shall mean the State Non-Arbitrage Program established pursuant to Article 7.1, Chapter 14, Title 2.1, Code of Virginia.. as amended. "SNAP Documents" shall mean the Information Statement and the Contract. "Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month Exception and the Two-Year Exception, collectively. "Two-Year Exception" shall mean the exception to the Rebate Requirement provided by Section 148(f)(4)(C) of the Code. "VPSA" shall mean the Virginia Public School Authority, a public body corporate and instrumentality of the Commonwealth of Virginia. "VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each issue of Local School Bonds of a Local Unit the interest on which is excluded from gross income shall equal the VPSA's Bond Yield. "VPSA's Bonds" shall mean the $ aggregate principal amount of VPSA's School Financing Bonds (1997 Resolution) Series 1998 B. "WB" shall mean Wachovia Bank, N.A. a banking institution organized under the laws of the United States of America and having its principal office in Winston-Salem. North Carolina. WB is the Depository, for' Individual Portfolios and custodian of the assets of the SNAP fund. "Withdrawal Date" shall mean the date as of which an interim Rebate Calculation is made pursuant to Section 9 of this Proceeds Agreement. "Yield" shall have the meaning accorded to such term by the Letter Agreement. NYLIB 1/467372/3/18580/O0063/vacham/September 14.1998 - 11:06 8 Section 3. Disposition of VPSA Bond Proceeds. A. Prior to the Closing Date, each Local Unit will complete and submit, to the Investment Manager, the program registration form and the SNAP account registration form annexed to the Information Statement. B. On the Closing Date, VPSA will transfer to WB for deposit in SNAP, in immediately available funds, an amount equal to the aggregate purchase price of all of the Local School Bonds ($ ). C. Each Local Unit hereby agrees to adhere strictly to the prescribed and recommended procedures described in the Information Statement. Each Local Unit hereby further agrees that it will not deviate fi.om or request an exception to such procedures without first obtaining the prior written approval of VPSA. In the event of a conflict between the provisions of this Agreement and the Information Statement, the provisions of this Agreement shall control. Section 4. Establishment of Accounts. (a) Except as provided in Section 4(b) below, the Investment Manager will establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as follows: VPSA-(Name of Local Unit) Proceeds Account - Series 1998 B Issue Principal Subaccount Income Subaccount (b) The Investment Manager shall establish on its books for the City of Roanoke, Roanoke County, Spotsylvania County and Stafford County, within the one (1) NYLIB 1/467372/3/18580/00063/vacham/Scptcmber 14. 1998 - 11:06 9 Proceeds Account for each such Local Unit, two (2) subaccounts therein, and two subaccounts within each such subaccount, as follows: VPSA- (Name of Local Unit) Proceeds Account -Series 1998 B Issue Non Subsidy Subaccount Principal Subaccount Income Subaccount Subsidy Subaccount Principal Subaccount Income Subaccount The amounts in the Principal Subaccounts and Income Subaccounts of each of these Local Units shall be combined for purposes of this Agreement. Requisitions from the City. of Roanoke, Roanoke County, Spotsylvania County and Stafford County shall specify the Subaccount from which moneys are being requisitioned. If a Local Unit has elected to treat a portion of its Local School Bonds issue used for construction as a separate issue as set forth on its signature page, the Investment Manager shall maintain such records as necessary to determine the portion of the Principal Subaccount and Income Subaccount of such Local Unit allocable to the construction issue and the non- construction issue. Section 5. Disposition of Local School Bond Proceeds. The Investment Manager shall allocate the proceeds of the Local School Bonds on the Local School Bonds Closing Date(s) to the Local Unit(s), dollar for dollar, in accordance with the respective principal amounts of their Local School Bonds set forth in Exhibit A to this Agreement. There is no accrued interest on the Local School Bonds. The proceeds of VPSA's Bonds allocated to each Local Unit shall be credited to the Principal Subaccount of the Local Unit in the amounts set forth in Exhibit A with respect to the Subsidy Local School Bonds and/or the Non-Subsidy Local School Bonds, as the case may be. NYLIB1/467372/3/18580/OOO63/vacham/Scptember 14. t998- 11:06 1 0 Section 6. Investment of Principal Subaccount. The Investment Manager shall invest and reinvest moneys to the credit of the Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the provisions of the Information Statement and Section 18 of this Agreement. The Investment Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit of its respective Principal Subaccount. Section 7. Disbursements from Principal Subaccount. Beginning on its Local School Bonds Closing Date, each Local Unit may at any time withdraw all or any portion of the proceeds of its Local School Bonds credited to its Principal Subaccount (including amounts transferred to the credit of the Principal Subaccount from the Income Subaccount pursuant to Section 9), in accordance with the Information Statement and, in the case of a reimbursement to the Local Unit, by filing with the Investment Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed by an Authorized Representative of the Local Unit. Notwithstanding anything to the contrary in the Information Statement, the Investment Manager agrees that, in the case of a reimbursement to the Local Unit, it shall not disburse any money from the Principal Subaccount unless and until it has received such requisition from the LOcal Unit. Section 8. Investment of Income Subaccount. The Investment Manager shall invest and reinvest moneys to the credit of the Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the provisions of the Information Statement and Section 18 of this Agreement. The Investment Manager shall credit to the Local Unit's Income Subaccount all income and profits from the investment and reinvestment of moneys to the credit thereof. NYLIBt/467372/3/18580/00063/vacham/$eptcmber 14. 1998 - 11:06 Section 9. Income Subaccount. A. The Investment Manager will notify a Local Unit and VPSA when the balance to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0). Such Local Unit may then withdraw from its Income Subaccount an amount not in excess of the amount then to the credit of its Income Subaccount if the Local Unit qualifies for any one of the Rebate Exceptions or if such withdrawal is necessary to qualify for one of the Spending Exceptions. 1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver to VPSA and the Investment Manager no later than the end of calendar year 1998 (a) a letter from, or opinion of, nationally recognized bond counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148(f)(2) and (3), pursuant to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all of the requirements of the Small Issuer Exception: 2. In order to determine if a Local Unit qualifies for either the Six-Month Exception or the Eighteen-Month Exception, the Investment Manager shall advise each Local Unit and VPSA of the amount that has been disbursed from the Principal Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the Closing Date, (b) twelve (12) months from the Closing Date, and (c) eighteen (18) months from the Closing Date. To facilitate such determination, each Local Unit shall set NYLIB 1/467372/3/18580/00063/vacham/September 14. 1998- l 1:06 ! 2 forth on the signature page for such Local Unit the mount of investment proceeds that such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn. 3. In order to determine if a Local Unit qualifies for the Two-Year Exception, the Investment Manager shall advise each Local Unit and VPSA. of the amount of Available Construction Proceeds that has been disbursed fi.om the Principal Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the Local School Bonds Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date,'(c) eighteen (18) months from the Local School Bonds Closing Date, and (d) twenty-four (24) months from the Local School Bonds Closing Date. To facilitate such determination, each Local Unit shall set forth on the signature page for such Local Unit the amount of investment proceeds that such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn and the elections that it requests VPSA to make on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to VPSA on the Local School Bonds Closing Date such facts and-circumstances as necessary to show that it reasonably expects to qualify for the Two-Year Exception. B. Except to the extent that a Penalty Election has been made on behalf of a Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise subject to the Rebate Requirement, then prior to a withdrawal fi.om its Income Subaccount and upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of the Information Statement, an interim Rebate Computation with respect to such Local Unit or an estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in NYLIB 1/467372/3/18580/00063/vacham/September 14. 1998 - l 1:06 1 3 writing. Notwithstanding anything to the contrary in the Information Statement, no disbursement will be made from the Income Subaccount until the aforementioned calculation shall have been made. The amount to the credit of the Income Subaccount that may be subject to rebate is the Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i) reserve, in the Income Subaccount, the amount of the Income Subaccount Set Aside until the next Rebate Computation required by Section 11 shall have been made and (ii) credit the remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's Principal Subaccount. Section 10. Investment Losses. The Investment Manager shall charge any loss realized from the investment or reinvestment of moneys to the credit of the Income Subaccount and the Principal Subaccount of a Local Unit as follows: 1. losses on moneys to the credit of the Principal Subaccount shall be charged thereto; and 2. losses on moneys to the credit of the Income Subaccount shall be charged first to the Principal Subaccount and then to the Income Subaccount. Section 11. Rebate Computations. On or before each Computation Date, VPSA will prepare, or cause to be prepared, in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations. The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the Investment Reports maintained by the Investment Manager for each Proceeds Account. As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall be calculated separately for each Local Unit. If it is determined, however, that the Local Unit N YLIB 1/467372/3/18580/00063/vacham/September 14. 1998 - 11:06 1 4 Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Units Rebate Requirement determined by multiplying the Aggregate Local Units Rebate Requirement by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated separately and the denominator of which is the sum of all of the positive Local Unit Rebate Requirements calculated separately. If any provision of this Agreement shall become inconsistent with any regulation or regulations promulgated under Section 148(f) of the Code subsequent to the date hereof, VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or regulations, and VPSA, the Investment Manager and each of the Local Units hereby further agree and covenant immediately to make any and all transfers and payments required by Sections 12 and 14 of this Agreement from any moneys on deposit in the Income SubaccOunt and any other moneys of the Local Unit legally available for such purpose. Section 12. Transfers to Income Subaeeount. Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its Income Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the Income Subaccount including investment income thereon). NYLIBl/467372/3/18580/00063/vacham/September 14, 1998- 11:06 1 5 To the extent that the mount on deposit in the Principal Subaccount is insufficient to provide for a deposit to. the Income Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and. to the extent permitted by law, the Local Unit agrees to transfer promptly to WB. from any funds that are or may be made legally available for such purpose, the amount required. To the extent that the amount on deposit in the Income Subaccount exceeds the Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate Requirement shall be transferred to the Principal Subaccount of the Local Unit. Section 13. Disposition of Excess Proceeds. A. When a Local Unit shall certify to VPSA and the Investment Manager that there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount that will not be used for Capital Projects prior to November 19, 2001, such amount shall be retained in the Proceeds Account and, to the extent such amount is not required to be deposited to the Income Subaccount pursuant to SeCtion 12, VPSA will, except as provided in the last sentence of this Section 13A, direct WB to apply such amount to redeem such Local Unit's Local School Bonds on the earliest possible date that such Bonds may be called without a penalty or premium. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA and the Investment Manager that it has made an election under Section 148(f)(4)(C)(viii) or (ix) of the Code to terminate the Penalty Election, and that, pursuant to Code Section 148(f)(4)(C)(viii)(III) of such termination election, such Local Unit indicates the amount of Available Construction Proceeds to be applied to the redemption of its Local School Bonds and the date of such NYL1B1/467372/3/18580/OOO63/vachartffSeptember 14. 1998- 1l:0616 redemption, VPSA will direct the Investment Manager and WB to apply such amount toward the redemption of such Local Unit's Local School Bonds on the date indicated. B. In the event, that there are any balances remaining on deposit in either the Principal Subaccount or Income Subaccount of any Local Unit on November 19, 2001, such amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in excess of the VPSA's Bond Yield or in tax-exempt obligations. Section 14. Rebate Payments and Penalty Payments. A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local Unit and VPSA in accordance with the Letter Agreement. B. The payment of the Local Unit Rebate Requirement of each Local Uni{ shall be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the requirements of Section 148(f) of the Code except to the extent that such issue of Local School Bonds may be treated as a composite issue under Treasury Regulation §1.150-1(c) with another issue of obligations. C. NotWithstanding anything to the contrary, herein, if VPSA has made the Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the Information Statement, a computation of the amount of the Penalty that must be paid to the United States Treasury pursuant to the Penalty Election. NYLIBl/467372/3/18580/OOO63/vachamtSeptember 14. 1998- 11:06 17 If the amount on deposit in the Local Unit's Income Subaccount and Principal Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the extent permitted by law, the Local Unit agrees to transfer promptly to WB, from any funds that are or may be made legally available for such purpose, the amount required. The Penalty of each Local Unit shall be paid to the United States Treasury. at the direction of VPSA on behalf of and for the accounts of the Local Units no later than ninety (90) days after the end of the spending period to which the Penalty relates. Section 15. Duties of VPSA. VPSA shall carry out its duties and responsibilities under this Agreement and may retain agents, independent contractors and others that it deems qualified to carry out any or all of such duties and responsibilities. VPSA shall carry out, or cause to be carried out, all of its responsibilities under the Letter Agreement. VPSA shall retain a copy of all Rebate Computations for at least six (6) years after the retirement of the last of VPSA's Bonds. VPSA agrees that, except as provided in this Agreement, any rebate liability that VPSA may have on account of the investment and reinvestment of the Gross Proceeds of VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a result of the investment of money credited to funds and accounts created under its bond resolutions or as a result of the advance refunding of its bonds, shall be the sole responsibility of VPSA and nor any Local Unit. NYLIB1/467372/3/18580/OOO63/vachamiSeptember 14, 1998- 11:06 1 8 Section 16. Duties of WB. WB shall carry out its duties and responsibilities under the SNAP Documents and this Agreement. Section 17. · Duties of Local Units. A. The Local Units will cooperate with VPSA, the Investment Manager and WB in order to ensure that the purposes of this Agreement are fulfilled. To that end, each Local Unit covenants and agrees that it will take any and all action and refrain from taking any and all action, as recommended by its bond counsel, to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds to the same extent such interest was so excludable on the Closing Date. B. If a Local Unit is required to restrict the Yield on its investments, in order to comply with such covenant or to maintain the exclusion from gross income for federal income tax purposes of the interest on VPSA's Bonds, it shall timely notify the Investment Manager to restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds. Each Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty. NYL1B 1/467372/3/18580/00063/vacham/September 14. 1998 - 11:06 1 9 D. Each Local Unit hereby covenants and represents that neither the Local Unit nor any related party, as defined in Section 1.150-1 (b) of the Treasury Regulations, to such Local Unit. pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an amount related to the amount of Local School Bonds to be acquired from such Local Unit by VPSA. Section 18. Responsibilities of the Investment Manager. The Investment Manager shall be the agent of, and serve at the expense of, the Local Units, to manage and direct the temporary investment and reinvestrnent of all moneys to the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make such computations as required by this Agreement. In general, the duties of the Investment Manager shall include those described in the SNAP Documents. In particular, the Investment Manager will direct the investment and reinvestment of moneys to the credit of the Subaccounts of each Local Unit in accordance with the Information Statement, the Contract and this Agreement. Section 19. Costs. Costs of SNAP are payable as provided in the Information Statement. The difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School Bonds. VPSA will not charge any other fee to the Local Units for its services or seek reimbursement for NYLIB 1/467372/3/18580/00063/vacham/September 14. 1998 - 11:06 2o its fees and expenses, including counsel fees, incurred in connection with the discharge of its duties and responsibilities under this Agreement. Section :10. Opinions of Counse[. On the Closing Date, VPSA and each Local Unit shall furnish an opinion of counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this Agreement are valid, binding and enforceable against such client in accordance with its terms. Section 21. Amendment. This Agreement may be amended only with the consent of all the affected parties; provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA, based on an opinion of its counsel, such amendment is required in order to insure that interest on VPSA's Bonds shall remain excludable from gross income for federal income tax purposes to the same extent it was, in the opinion of such counsel, so excludable on the Closing Date. VPSA shall offer to amend this Agreement whenever it shall in good faith determine, based on an opinion of its counsel, that any one or more of the restrictions or requirements imposed by this Agreement upon the Local Units, or any of them, may be removed or modified without adversely affecting the exclusion of interest on VPSA's Bonds from gross income for federal income tax purposes. Section22. Notices. Whenever notice is to be given pursuant to the provisions of this Agreement, such notice shall be deemed to have been satisfactorily given on the same day if hand delivered or telecopied during regular business hours or three (3) days after the date of postmark if mailed, first class mail, postage prepaid, as follows: NYLIB 1/467372/3/I 8580/00063/vacham/Scptember 14, 1998 - I 1:06 21 if to VPSA, to byh~d by mail by telecopier in any case if to WB, to By hand By mail By telecopier In any case if to the Investment Manager, to By hand By mail By telecopier In any case Virginia Public School Authority c/o State Treasurer 3rd Floor, James Monroe Building 101 North 14th Street Richmond, Virginia 23219 Post Office Box 1879 Richmond, Virginia 23218-1879 (804) 225-3187 Attention: Debt Manager Wachovia Bank, N.A. 1021 East Cary Street Richmond, Virginia 23219 Post Office Box 27602 Richmond, Virginia 23261 (804) 697-7173 Attention: Anthony J. Conte Vice President Mentor Investment Advisors, LLC 901' East Byrd Street Riverfront Plaza, 6th Floor Richmond, Virginia 23219 901 East Byrd Street Riverfront Plaza, 6th Floor Richmond, Virginia 23219 (804) 344-6520 Attention: A1 Samper Senior Vice President N YLIB I/467372/3/18580/00063/vacharrdScptember 14. 1998 - 11:0622 if to a Local Unit, to the address or telecopier number indicated on the page of this Agreement executed by such Local Unit. Any such address or number may be changed by written notice given to all the other parties to this Agreement and the Investment Manager. except that a Local Unit need give such notice only to VPSA, WB and the Investment Manager. Section 23. No Third Party Beneficiaries. Except as herein otherwise expressly provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all its provisions being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 24. Severability. In case any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. In case any covenant, stipulation, obligation or agreement contained in this Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation, obligation or agreement shall be deemed to be the covenant. stipulation, obligation or agreement of the affected party to the full extent permitted by law. Section 25. No Personal Liability. All covenants, stipulations, obligations and agreements of VPSA contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA to the full extent authorized by the laws and permitted by the Constitution of Virginia. No NYL[B 1/467372/3/18580/O0063/vacham/September 14. 1998 - 11:06 23 covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant: stipulation, obligation or agreement of any present or future member, employee or agent of VPSA or any Local Unit in his individual capacity. No member, officer, employee or agent of VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement and the applicable laws of the Commonwealth of Virginia. Section 26. Applicable Law. This Agreement is executed with the intent that the laws of the Commonwealth of Virginia shall govern its construction. Section 27. Counterparts. This Agreement may be executed in one or more counterparts. NYLIB I/'467372/3/18580/00063/vacham/September 14. 1998 - 11:0624 Section 28. Effective Date; Term. This Agreement shall take effect on the Closing Date and shall expire on the date on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement. Virginia Public School Authority By: Name: Title: Richard A. Davis Assistant Secretary and Assistant Treasurer Wachovia Bank, N.A. By: Name: Anthony J. Conte Title: Vice President Mentor Investment Advisors, LLC By: Name: Al Samper Title: Senior Vice President NYLIB 1/46737213/18580/00063/vacham/September 14. 1998 - 11:06 25 NAME OF ISSUER: Page 1 of 2 A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section 22 above: B. Authorized Representative(s): Name Title Specimen Si,~nature C. Local School Bonds Closing Date (if not November 19, 1998, enter Date of Issue of Local School Bonds): D. Is the Small Issuer Exception applicable to this Issuer? (If yes, an opinion of Bond Counsel and Issuer's covenant is required as per Section 9 herein). Yes No E. Eighteen Month Exception Estimated Investment Earnings for purposes of the Eighteen-Month Exception: $ If any proceeds are used to refund prior debt, please indicate: (a) (b) proceeds used to refund prior debt: $ issuance expense allocable to the refunding portion of the issue: $ NYLIB 1i467372/3/18580/00063/vacham/September 14. 1998 - 11:0626 Name of Issuer: Page 2 of 2 F. Elections with respect to Two-Year Exception: 1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-Year Exception: Yes No 2. Estimated Investment Earnings: $ 3. If any proceeds are used to refund prior debt, please indicate: (a) proceeds used to refund prior debt: $ (b) issuance expenses allocable to the refunding portion of the issue: $ 4. Bifurcation Election to treat the portion of the issue used for construction as a separate issue: Yes No If yes, state the portion of the issue used for construction and non-construction, respectively; (the sum of the following amounts must equal the issue price of $ reduced by any portion used for refunding purposes): (a) portion of the issue used for construction: $ (b) issuance expenses allocable to the construction portion of the issue: 5; (c) portion of the issue used for non-construction: $ (d) issuance expenses allocable to the non-construction portion of the issue: $ 5. Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate: Yes No By: Name: Title: CiW/County NYLIB1/467372/3/I8580/00063/vacham/September 14, 1998- 11:0627 Exhibit A Page 1 of 2 LOCAL SCHOOL BONDS- NON-SUBSIDY Local Unit Albemarle County Bedford County Buchanan County City of Chesapeake Clarke County King William County City of Poquoson Rappahannock County City of Roanoke Roanoke County Spotsylvania County Stafford County Principal Amount of Bonds NYLIB 1/467372/3/18580/00063/vacham/September 14, 1998 - 11:06 A-1 Exhibit A Page 2 of 2 LOCAL SCHOOL BONDS- SUBSIDY Local Unit Augusta County Campbell County Giles County Richmond County City of Roanoke Roanoke County Spotsylvania County Stafford County Total: Principal Amount of Bonds NYLIB 1/467372/3/18580/00063/vacham/Scptember 14, 1998 - 11:06 A-2 Exhibit B [No requisition is required in conjunction with a check payable to a vendor in respect of an invoice due and payable.] FORM OF REQUISITION FOR REIMBURSEMENT BY PRE-AUTHORIZED WIRE [To be used for REIMBURSEMENT to a Local Unit from Local School Bond proceeds for an invoice or obligation that has been paid and is eligible for payment from Local School Bond proceeds.] Mentor Investment Advisors, LLC 901 East Byrd Street Riverfront Plaza, 6th Floor Richmond, Virginia 23219 VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit] BOND PROCEEDS ACCOUNT - SERIES 1998 B ISSUE Requisition from the Principal Subaeeount Requisition No. ("item number") This requisition for payment from the Principal Subaccount of the Proceeds Account is submitted in accordance with the provisions of the Proceeds Agreement dated November 19. 1998, among the Virginia Public School Authority ("VPSA"), the undersigned (the "Local Unit") and the other traits of local government signatory thereto, Mentor Investment Advisors, LLC. as Investment Manager and Wachovia Bank, N.A.. You are hereby notified that you are authorized and directed by the Local Unit to pay the following obligation from the Principal Subaccount: i. The item number of such payment: 2. The amount[s] to be paid: $ NYLIB1/467372/3/18580/OOO63/vacham/September 14. 1998- 11:06 B-1 incurred: 4. Purpose by general classification for which such obligation The date(s) the expenditure(s) was/were made: To reimburse the Local Unit for costs of the Local Unit through ,19_ as follows: was School paid by the Dated 5. A copy of each supporting [invoice, work order, statement] tbr whick reimbursement is to be made is attached hereto. 6. The obligation[s] in the stated amount[s] have been paid, and each item thereof is a proper charge against the proceeds of the Local Unit's Proceeds Account and has not been the subject of a previous withdrawal from the Proceeds Account. 7. All of which is hereby certified. [Name of Local Unit] By: Authorized Local Unit Representative NYL[B 1/467372/3/18580/00063/vachamlScptcmber 14, [998 - 11:06 B-2 Virginia Public School Authority 101 North 14th Street Richmond, Virginia 23219 Exhibit C LETTER AGREEMENT November 19, 1998 Re: Custody, Investment, and Disbursement of Proceeds of Local School Bonds Purchased by the Virginia Public School Authority with the Proceeds of Its $ School Financing Bonds (1997 Resolution) Series 1998 B This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"), is between the Authority and the Investment Manager. All capitalized terms used herein shall have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the Proceeds Agreement to which this Letter Agreement is attached as Exhibit C. With respect to the VPSA's Bonds, the Code requires that an amount equal to the VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement. To enable VPSA and the Local Units to fulfill their respective obligations under the Proceeds Agreement and to make such~payments, and to enable the Investment Manager to fulfill its obligations under this Letter Agreement, the Investment Manager will prepare, on or before December 1, 1999 and each December 1 thereafter, the Investment Reports for VPSA as of the preceding November 1 and each Local Unit as of the preceding November 1. On the basis of such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each Computation Date for each Local Unit with respect to its issue of Local School Bonds as described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its Local Unit Rebate Requirement. NYLIBl/467372/3/18580/00063/vacham/Septcmber 14. 1998- ti:06 C-1 A. Investment Report With respect to all Nonpurpose Investments acquired during the term of this Letter Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager shall maintain separate Investment Reports for each issue o f Local School Bonds. The Investment Report for each Local Unit shall reflect the investments made with respect to its Proceeds Account. B. Rebate Computation on Local School Bonds VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of Local School Bonds in accordance with the procedure described below: 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments made, to such Computation Date in accordance with the requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as provided in the Information Statement. 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as well as any rebate payments recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the "Local Unit Rebate Requirement" as of the Computation Date. 4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not to charge its general fund or otherwise set aside or earmark funds with which to pay debt service on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to VPSA. 5. The Local Unit Rebate Requirement may be treated as being met and no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase such Local Unit's Local School Bonds if the VPSA receives the opinions and covenants or certification described in Section 9A of the Proceeds Agreement that a Local Unit meets the requirements of the (a) Six-Month Exception, (b) Eighteen-Month ExcePtion, (c) Small Issuer Exception, or (d) Two-Year Exception, subject to the provisions described below. (a) Six-Month Exception. Notwithstanding the fact that all of the Gross Proceeds of the Local School Bonds are spent within six (6) months of the date of issue and no other Gross Proceeds of the Local School Bonds are anticipated 'for the remainder of the NYLIBl/467372/3/18580/OOO63/vachamlSeptember 14, 1998- 11:06 C-2 term of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial six-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure described above. (b) Eighteen-Month Exception. Notwithstanding the fact that all of the Gross Proceeds of the Local School Bonds are spent within eighteen (18) months of the date of issue and no other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become available after the end of the initial eighteen-month period, the Local Unit Rebate Requirement shall be computed with respect to such Gross Proceeds in accordance with the procedure described above. (c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the end of calendar year 1998 (i) the opinion of nationally recognized bond counsel that the Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (f)(2) and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it shall provide for the payment of or reimburse VPSA for its payment of the Local Unit Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to meet all the requirements of the Small Issuer Exception, then no rebate computation shall be made with respect to the proceeds of VPSA's Bonds appliedto purchase such Local School Bonds. Although the Local School Bonds of a Local Unit may qualify for the Small Issuer Exception, custody, investment and disbursement of the proceeds of the VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall continue under the Proceeds Agreement, and the Investment Manager shall continue to provide an Investment Report for such Local Unit. 6. In addition to the foregoing, no rebate computation shall be required with respect to the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a Penalty Election has been made on behalf of the Local Unit with respect to such Local School Bonds. C. Aggregate Rebate Computation on Local School Bonds In the event that the Treasury Regulations require that the Local Units' Rebate Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units' Rebate Requirement in accordance with the procedure set forth below. 1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate payments made, 'to such Computation Date in accordance with the requirements of the Treasury Regulations. NYLIBl/467372/3/18580/OOO63/vachamlSeptcmber 14, 1998- 11:06 C-3 2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date in accordance with the requirements of the Treasury Regulations. 3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to paragraph I from the amount computed pursuant to paragraph 2. Such amount shall be the "Aggregate Local Units' Rebate Requirement" as of the Computation Date. D. Rebate Payment 1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit. VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income Subaccount with an mount such that the balance to the credit of the Income Subaccount is equal to such Local Unit Rebate Requirement (taking into account prior amounts credited to the Income Subaccount including investment income thereon). To the extent that the amount on deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income Subaccount such that the balance in the Income' Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency so that the Local Unit may promptly transfer to WB the amount required pursuant to Section 12 of the Proceeds Agreement. 2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired with the Gross Proceeds of the VPSA's Bonds in accordance with the procedures set forth in the Tax Certificate executed by VPSA in connection with the issuance of the VPSA's Bonds. 3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall be paid at the direction of VPSA to the United States in installments. Each payment shall be made not later than sixty (60) days after each Computation Date. Each payment must be in an amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate Requirement must be paid to the United States within sixty (60) days after the Final Computation Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 and be accompanied by Form 8038-T. VPSA shall make such payment as required. Investment Reports and records of the determinations made hereunder shall be retained by the Investment Manager and by VPSA, respectively, until six (6) years after the retirement of the last of VPSA's Bonds. NYLIBl/467372/3/18580/00063/vacham/September 14, 1998- 11:06 C-4 E. Definitions In addition to the words and terms defined in the Proceeds Agreement to which this Lettel Agreement is attached as Exhibit C, the following words and terms shall have the following meanings: "Bond Resolution" shall mean the resolution of the Authority adopted on October 23 1997. "Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpos~ Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price An investment that is not of a type traded on an established market, within the meaning o Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that i: not equal to its fair market value. Accordingly, a premium maynot be paid to adjust the yield ox an investment, a lower interest rate than is usually paid may not adjust the yield on an investrnen and no transaction may result in a smaller profit or larger loss than would have resulted if th, transaction had been at arm's-length and had the yield with respect to the Bonds not bee~ relevant to either party. Pursuant to Treasury Regulation Section 1.148-5(d), the following ar, safe harbors for establishing the Fair Market Price of certificates of deposit and guarantee~ investment contracts: (i) Certificate of Deposit. A certificate of deposit with a fixed interest rate fixed payment schedule and a substantial penalty for early withdrawal will be deeme, purchased for fair market value if the yield on the certificate of deposit is not less than (i the yield on reasonably comparable direct obligations of the United States and (ii) th highest yield published or posted by the provider to be currently available from th provider on reasonably comparable certificates offered to the public. See Section 1.148 5(d)(6)(ii) of the Treasury Regulations. (ii) Investment Agreement. Investments pursuant to a guaranteed investmer~ agreement will be regarded as being made at fair market price if (i) the Issuer makes a bona fide solicitation for a specified guaranteed investment contract; (ii) the Issuer receives at least three bona fide bids on the investment contract from providers that have no material financial interest in the Bonds (including as underwriter); (iii) the winning bidder provides a certificate that (A) lists all recipients, amounts and purposes of eac~ brokerage fee, placement fee, commission or other similar payment to third parties pai by or on behalf of the winning bidder in connection with the guaranteed investmer contract, (B) states that the yield on the guaranteed investment contract is not less tha the yield available from the provider on reasonably comparable guaranteed investmet contracts offered to other persons from sources of funds other than gross proceeds c tax-exempt bonds, and (C) in those agreements wherein the Issuer deposits amount: states that the Issuer's reasonably expected draw-down schedule (other than for amoun~ deposited in debt service funds or reasonably required reserve or replacement funds) we a significant factor in the determination of the terms of the guaranteed investmer contract; (iv) the Issuer purchases the highest yielding guaranteed investment contract fc which a qualifying bid was made (determined net of broker's fees); and (v) the terms c NYLIBl/467372/3/18580/OOO63/vacham/September 14, 1998- ti:06 C-5 the guaranteed investment contract, including the collateral security requirements, are reasonable have the same meaning as set forth in the Treasury Regulations. "Future Value" of a payment or receipt at the end of any period is determined using the economic accrual method and equals the value of that payment or receipt when it is paid or received (or treated as paid or received), plus interest assumed to be earned and compounded over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding interval and financial conventions used to compute that yield. · 'Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the Code and shall mean: (a) mounts actually received or constructively received by VPSA from the sale of the VPSA's Bonds and the amounts actually or constructively received by the Local Units from the sale of the Local School Bonds, other than anv interest accruing on the VPSA's Bonds from the dated date to the issue date of such bonds; (b) amounts treated as Transferred Proceeds (as defined in Treasury, Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds. if any; (c) amounts that are reasonably expected to be or are in fact used to pay debt service on the Bonds including amounts in the sinking fund portion of the 1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under the Bond Resolution; (d) securities or obligations pledged by the VPSA or Local Unit as security for payment of debt service with respect to the VPSA's Bonds or the Local School Bonds; (e) amounts received with respect to any investments acquired with Gross Proceeds for the purpose of carrying out the governmental purpose for which the VPSA's Bonds or the Local School Bonds were issued, including the Local School Bonds, except that such amounts shall not include amounts, if any, that are properly allocable to qualified administrative costs recoverable under Treasury, Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury Regulation Section 1.148-2(d) or Section 143(g) of the Code; (f) amounts treated as "replacement proceeds" of the VPSA's Bonds or the Local School Bonds within the meaning of section 1.148-1(c) of the Treasury Regulations; (g) any funds that are part of a reserve or replacement fund for.the VPSA Bonds or Local School Bonds; and (h) amounts received as a result of investing any Gross Proceeds. NYLIB1/467372/3/18580/00063/vacham/September 14, 1998 - 11:06 C-6 Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local School Bonds. The determination of whether an amount is included within this definition shall be made without regard to whether the amount is credited to any fund or account established under the Bond Resolution, or whether the amount is subject to the pledge of the Bond Resolution. For purposes of subsection (d) above, an amount is pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the amount will be available for such purposes in the event that the VPSA or Local Unit encounters financial difficulties. An amount can be indirectly pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both such bonds. An amount may be "negatively" pledged to pay principal or interest with respect to VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor of the bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant rights in the amount that are superior to the fights of the holders of the bonds or a guarantor of the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the required level is tested no more frequently than every 6 months, and the amount may be spent without any substantial restriction other than a requirement to replenish the amount by the next testing date. If a decision is made to apply any insurance or condemnation proceeds to the redemption of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or replacement, any such proceeds become Gross Proceeds on the date of such a decision. The definition of Gross Proceeds has been set out in full for the sake of completeness. With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided above, and the amounts on deposit in the sinking fund portion of its t 997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under the Bond Resolution. "Investment Report" shall mean the record of investment activity maintained by the Investment Manager with respect to the investment property, and the Local Units, as described in the Letter of Instructions to the Investment Manager from the Treasury Board of the Commonwealth of Virginia dated May 4, 1994. "Local Unit~s Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the Local School Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess described in clause (i). NYLIBI/467372/3/18580/OOO63/vachamlSeptember 14. 1998 - 11:06 C-7 "Nonpurpose Investments" shall mean any security, obligations, annuity contract or any other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments. A_nv Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase price of'the Nonpurpose Investment is the Fair Market Price. "Rebate Calculation Agent" shall mean that accounting firm with a favorable national reputation in the field of the calculation of amounts subject to rebate to the United States under Section 148(f) of the Code and the Temporary Regulations that has been appointed under Section 9.2 of the Contract or by VPSA. "Tax-Exempt Investments" shall include: (i) obligations the interest on which is excludable from gross income for federal income tax purposes, and not treated as an item of tax preference under Section 57(a)(5)(C) of the Code, (ii) stock in a regulated investment company to the extent that at least 95% of the income to the holder of the interest is excludable from gross income under Section 103 of the Code, and (iii) certificates of indebtedness issued by the United States Treasury pursuant to Demand Deposit State and Local Government Series program described in 31 CFR part 344 ("SLGs"). "Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through 1.148-.11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2, as amended from time to time hereafter, and other regulations promulgated under Section 148 of the Code. "VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in clause (i). "Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the Treasury Regulations by means of an actuarial method of yield calculation whereby "yield" means that discount rate which, when used in computing the present value of all the unconditionally payable payments of principal and interest and all the payments for a qualified guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is %. The Yield on investments must be computed by the use of the same frequency interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and the Local School Bonds. NYLIBl/467372/3/18580/OOO63/vacham/Scptember 14. 1998 - 11:06 C-8 G. Amendments In order to comply with the covenants by VPSA and each of the Local Units regarding compliance with the requirements of the Code and the exclusion from federal income taxation of the interest paid and to be paid on the Local School Bonds and VPSA's Bonds. the procedures described in this Letter Agreement may be modified as necessary, based on the advice of Counsel. to comply with rulings, regulations, legislation or judicial decisions as may be applicable to such bonds. Very truly yours, VIRGINIA PUBLIC SCHOOL AUTHORITY By: Name: Title: Richard A. Davis Assistant Secretary and Assistant Treasurer Accepted: Mentor Investment Advisors, LLC By: Name: Al Samper Title: Senior Vice President NY"LIB 1/467372/3/t8580/00063/vachangSeptembcr 14. 1998 - ! 1:06 C-9 AUTHORIZED REPRESENTATIVES Exhibit D The following are the Authorized Representatives of Virginia Public School Authority., Wac hovia Bank. N.A. and Mentor Investment Advisors, LLC VIRGINIA PUBLIC SCHOOL AUTHORITY: Name Richard A. Davis Gary Ometer Title Assistant Secretaw and Assistant Treasurer Assistant Secretary and Assistant Treasurer Specimen Signature WACHOVIA BANK, N.A.: Name Title Anthony J. Conte Vice President Specimen Signature MENTOR INVESTMENT ADVISORS, LLC: Name Title Al Samper Senior Vice President Specimen Signature NYLIBl/467372/3/18580100063/vachamlSeptember 14, 1998 - 11:06 D-1 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Albemarle County Strategic Plan October 7, 1998 ACTION: x SUBJECT/PROPOSAL/REQUEST: Presentation of combined Albemarle County Strategic Plan CONSENT AGENDA: ACTION: STAFF CONTACT{Si: Messrs. Tucker, White, Gulati BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: yes ..---- I~.E,.V. IE.WED BY: ~ ~"'"-. At the time the 'Planning Commission was reviewing various components of an expanded Comprehensive 'Plan, staff recommended to the Board that rather than incorporating all elements of the County's vision and mission, i.e. housing, human services, arts/culture and education, into the Comprehensive Plan, .we should develop a more flexible and simplified strategic plan for the Board's review and approval. This plan would incorporate the Land Use/Facilities/Environmental goals and objectives of the Comprehensive Plan, as well as the major goals and objectives of the County's other major plans. DISCUSSION: The attached Albemarle County Strategic Plan incorporates the goals and objectives of the major plans that have already been approved by the Board of Supervisors, i.e. Housing, Human Services, Economic Development, Growth Management and Land Use, Transportation, Public Utilities, Community Facilities and the 'Department Improvement Plans, which you recently reviewed. The only three components of this Strategic Plan that have not been previously reviewed or approved by the Board are the Arts and Culture section, the Education section and the Sustainability section prepared by the Planning District Commission's Sustainability Council. The plan begins with an introductory chapter that identifies several key themes that run throughout the overall plan. 'This is followed by a brief summary of each of the individual plans that explains the purpose of the plan and a general history of the plans development and approval process. The remainder of the Strategic Plan is divided up into individual chapters, each chapter containing a brief section on the current environment of background followed by the major goals and objectives of that plan. An appendix contains general information on goals and objectives, as well as excerpts from the Community Vision developed in 1994 in conjunction with the City and the University community. It also contains the School Division's Indicators of Success. The purpose of this Strategic Plan is to incorporate all the County plans that point to the major strategic directions the County will follow in the next several years. It is hoped that this document will provide an easy reference guide for the County's major goals and objectives for both the Board and for citizens. The specific implementation strategies will be found in the individual plan documents, which are referenced in the introduction. RECOMMENDATION: Staff requests the Board's acceptance of the Albemarle County Strategic Plan, which will serve as the roadmap for citizens and staff for more effective service delivery and improved cq~omer service. It is anticipated that as individual Plans are updated, the major goals and objectives will again be incorporated into this document. 98.215 Albemarle County Strategic Plan October 7, 1998 THIS ITEM WAS SCANNED UNDER STRATEGIC PLAN REPORTS David P. Bowerman Charlotte Y. Humphris jack Jou~ Forrest R~ Marsha~ Jr. COUNTY OF ^[REMAR~ ~ Office of Board of Supervisors 401 Mclntim Road Charlottesville, V'mginia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Perkins Sal~y H. Thomas October 12, 1998 Mr. James D. Campbell, Executive Director Virginia Association of Counties 1001 East Broad Street Suite LL20 Richmond, VA 23219-1928 Dear Mr. Campbell: In response to your letter dated September 4, 1998, I have attached a completed Voting Credentials Form. Please contact me at 804-296-5843 should you have any questions. Thank you. Sincerely, Laurel B. Hall Senior Deputy Clerk Attachment Pr/nted on recycled paper Voting Delegate: (Supervisor) Name Title Locality Alternate Delegate: (Supervisor) Name Title Locality Certified by: (Clerk of the Board) Name Title Locality VACo 1998 Annual Meeting Voting Credentials Form Mrs. ~nrlntta Y. M~mhri$ County Su~isor, Al~rle County A1 h~rl a Ertl InN Mrs. Sallv H. Thomas Cmntv Suoervisor, Albemarle County E!!o !'!: Corey Clerk to the Board of Supervisors ,, A!b_~._r!e CounW VACo 1998 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 1998 Annual Meeting of the Virginia Association of Counties on November I0, 199.8. non-elected official of this county. -OR- supervisor from County. This authorization is: Uninstructed. The proxy may use his/her discretion to cast votes on any issue to come before the annual meeting. County's Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name iTitle Locality President W. Curry President-Elect Wanda C. Wingo Botetourt County First Vice President Ferris M. Belman, Sr. kafford County Ward County 'easurer F. Alsop and Queen County paSt President ohn D. Jenkins Director D. Campbell, CAE Counsel ~o Hicks 11001 EaSt Broad Street uite LL 20 Richmond, Virginia t04) 788-6652 (804) 788-0083 VACo95@aol.con xte: www.vaco.org VIRGINIA ASSOCIATION OF COUNTIES TO: · Chairs, County BOard of Supervisors . County Chief Administrative Officers CONNECTING COUNTY GOVERNMENTS SINCE 1934 FROM: James D. CamPbell, Executive Director RE: Voting Credentials for the Annual Business Meeting DA TE: September 4, 1998 The ! 998 .&nnual Business Meeting of the Virginia Association of Counties will be held on Tuesday, November 10, from 10:30 a.m. to Noon at The Homestead in Bath County. Article VI of the VACo Constitution states that each county shall designate a representative of its board of supervisors to cast its vote(s) at the Annual Business Meeting. However, if a member of the board of supervisors cannot be present for this meeting, the Association's Constitution does allow a county to designate a non-elected official from your county or a member of a board of supervisors from another county to cast a proxy vote(s)for your county. For' your county to be certified to vote at the Annual Business Meeting, your annual dues must be paid in full and either a completed Voting Credentials Form or a prOxy Statement (attached) must be submitted to VACo by November 1, 1998. Alternatively, this information may be submitted to the Credentials Committee at its meeting on Monday, November 9, at 4:30 p.m. in the Monroe Room or to the conference registration desk before this meeting. NOMINATING COMMITTEE The Nominating Committee will meet at 4:30 p.m. in the Wilson Room on Monday, November 9th during VACo's Annual Conference at the Homestead. The committee is charged to nominate a candidate for President-Elect; First Vice President, Second Vice President, and Secretary-Treasurer to be elected at the Annual Business Meeting. Please send your expressions of interest and nominations to the Committee or to VACo's Executive Director. REGIONAL DIRECTORS Pursuant to VACo's By-Laws, "regional directors shall be selected at the Annual Meeting by the member counties located within the region which the director will represent." Regional caucuses Will be scheduled during the Annual Meeting to select directors. Incumbent regional directors should chair the caucuses. Reports should be given to VACo's Executive Director by 6:00 p.m. on Monday, November 9th. The attached list shows the regional directors that must be selected. JDC:bjp Attachments cc: VACo Board of Directors Nominations Committee Regional Directors to be selected in 1998 We need a director from Term to Expire Incumbent Region 2 1998 Cofer Region 3 1998 Donafi Region 4 1998 Humphris Region 6 1998 Smith Region 7 1998 Acors Region 8 1998 Connolly Region 8 1998 Ferguson Region 8 1998 Seefeldt Region 9 1998 Jones Region 10 1998 Satterfield Region 11 1998 Chandler PO Box 1505, Charlot{es~lle VA 22902-1505 {804) 979-PD10 (7310) + F~ {804) 979-1597 City of Charlottesville Susan M. Cabell Meredith M. Richards Walter F. Perkins Sally H. Thomas, Chair Fluvanna County Thomas E. Payne Stafford M. Pace Greene County Thomas C. Powell Randall P. Freund Louisa County Fitzgerald A. Barnes Jane H. Poore Nelson County Samuel C. DeLaura, Jr. Fred M. Boger Nancy K. O'Brien. Executive Director September 23, 1998 TO: FROM: RE: Local Elected Officials, County Administrators and City Manager Bonnie Fronfelter, Legislative Liaison ~ Proposed Constitutional Amendments #3 and #4 In light of the controversy and questions surrounding two of the proposed constitutional amendments on the November ballot, I thought it useful for you to have copies of the ballot questions and accompanying explanations fi.om the State Board of Elections. It is my understanding fi.om the State Board of Elections that this is the form in which they will appear on the ballot in November. Please feel free to call me at (804) 979-7310 if you have any questions. PROPOSED CONSTITUTIONAL AMENDMENT # 4 Economic Growth-Sharing Agreements Article VII, Section 10 BALLOT QUESTION "Shall the Constitution of Virginia be amended to allow a combination of localities to contract debt as part of an agreement to share the revenues, tax base, or the benefits of economic growth and exempt this class of debt from the ceiling on local debt for cities and towns and from the requirement for a local referendum for counties?" EXPL~.,tTION This amendment concerns joint efforts by two or more localities to promote economic development. The amendment relates to economic growth-sharing agreements that are allowed under present law. This amendment is narrower in scope than Amendment # 3. At present, two or more localities may agree to share the revenues, taxes, and economic benefits of an economic development project such as an industrial park. The localities may agree to share the costs and benefits of the project for the period of time stated in the agreement. (Code of Virginia, Section 15.2-1301.) A long-term agreement may create fiscal obligations. For example, a city and county may agree to develop an industrial park. The city may provide sewer services for a site located in the adjacent county. The county that will receive the tax revenues from the project may agree to pay part of those future tax revenues to the city that furnished the services. The county's promise to pay future revenues is a type of local debt. This amendment will exempt the fiscal obligations involved in economic growth-sharing agreements from certain constitutional limits or requirements that usually apply to local debt. The amendment will treat this type of obligation like other special types of local debt that are not subject to those constitutional limits. Present Constitution and Background The Constitution places restrictions on local debt. The total amount of city or town debt cannot exceed ten percent of the assessed value of the locality's taxable real estate. County debt is not subject to a ceiling, but county voters must approve county bonds in a referendum. A county may choose to be treated like a city with respect to debt limits if the county voters approve that change. The Constitution provides a number of exceptions to these restrictions. For example, "revenue" bonds are not subject to these constitutional restrictions. Revenue bonds are paid and secured by revenues from a specific project such as the parking fees from a public parking deck. Another exception covers county bonds that are approved by the county governing body and the school board, used to finance school construction, and sold to the Virginia Public School Authority. Proposed Change The proposed amendment adds another exception to the constitutional limits on local debt. The new exception covers the debt that results from an agreement among two or more localities to share "the revenue, tax base, or benefits of economic growth." If this amendment is approved by the voters, the debt created by an economic growth-sharing agreement will not be subject to the constitutional ceiling on city or town debt or the referendum requirement for county debt. Under Code Section 15.2-1301, an economic growth-sharing agreement is subject to an advisory review and evaluation by the Commission on Local Government and must be approved by the governing bodies of the participating localities following public hearings on the proposed agreement. These requirements are not changed by this amendment. Source: State Board of Elections, Commonwealth of Virginia PROPOSED CONSTITUTIONAL AMENDMENT # 3 Economic Development Areas; Governing Bodies Article VII, Section 2 BALLOT QUESTION "Shall the Constitution of Virginia be amended to authorize agreements among localities for sharing the revenues and costs of a specified land area and establishing a special governing body for the area, and to provide that fiscal commitments related to the land area will not be deemed local debt?" EXPLANATION This amendment concerns joint efforts by two or more localities to develop a specific land area such as an industrial park. The amendment gives the General Assembly a new option concerning these joint efforts. This amendment is broader in scope than Amendment # 4. The General Assembly will be able to provide for local agreements to develop a specific area with a special governing body to oversee the area. The participating localities may agree to share the economic benefits and costs of the development. The amendment exempts the fiscal commitments made by the localities from certain constitutional requirements or limits on local debt. Present Constitution and Background At present, localities may agree to undertake a joint project and share the costs and revenues of the project. However, there is no constitutional authority to establish a special governing body for the project area. The Constitution does provide for regional governments, but the General Assembly has not passed laws to establish any regional government. The Constitution requires approval by the voters of the areas which would be covered by a regional government. The Constitution places restrictions on local debt. The total amount of city or town debt cannot exceed ten percent of the assessed value of the locality's 'taxable real estate. County or regional government debt is not subject to a ceiling, but voters must approve bonds in a referendum. A county may choose to be treated like a city for debt purposes if the county voters approve that change. The Constitution provides a number of exceptions to these restrictions. For example, "revenue" bonds are not subject to these restrictions. Revenue bonds are paid and secured by the revenues from a specific project such as the parking fees from a public parking deck. Another exception covers county bonds that are approved by the county governing body and the school board, used to finance school construction, and sold to the Virginia Public School Authority. Proposed Change Under this amendment, the General Assembly will be able to provide for local agreements to develop a'specific area and for a special governing body to oversee the area. The General Assembly may provide by law for the approval of the agreement by the governing bodies of the participating localities. The governing bodies of the participating localities would appoint the members &the special governing body. The General Assembly will provide by law what powers the special governing body will exercise. Local debt incurred by the participating localities will not be subject to the constitutional ceiling on city or town debt or the referendum requirement for county debt. The General Assembly will have power to set the requirements or limits on such debt by law. The General Assembly must pass legislation to implement the proposed amendment. If the proposed amendment is approved by the voters, il: will take effect January 1, 1999. The General Assembly will have authority to enact laws on this topic after that date. Source: State Board of Elections, Commonwealth of Virginia PAUL CLINTON HARRIS, ,SR. I00 COURT SQUARE ANNEX SUITE B CHARLOTTESVILLE. VIRgiNIA 2~90S FIFTY-EIGHTH DISTRICT COMMONWEALTH OF VIRGINIA HOUSE OF DELEGATES RICHMOND COURTS O~ JUSTICE trANSPORtATION CONSERVATION AND NATURAl resouRcES INtERSTAte COOPEratION September 17, 1998 Forrest R. Marshall, Jr., Chairman Albemarle County, Board. of Supervisors County Office Building 410 Mclntire Road Charlottesville, Virginia 22902 Re: Proposed Constitutional Amendments #3 and #4 Dear Mr. Marshall: I am a proponent of less government and more efficient administration of government services at all levels, but I have serious reservations about aspects of the above-referenced proposed amendments to the Constitution of Virginia. In this era of increasing competition for attracting high-paying jobs to a region, it is imperative that Virginia's localities work together to compete for new business investment. While it may be the intent of the sponsors of amendments #3 and #4 to facilitate regional cooperation, the language in the bills requesting the amendments is at considerable tension with my orientation towards less government and greater public accountability. Senate Bill 2 (amendment #3), sponsored by Senator Charles Hawkins, is popularly referred to as economic grox~h-sharing legislation, but would establish "a special.governing body for the area to be comprised of members selected by the governing bodies of the participating localities.., and [the powers granted to this body] may include any power granted to any of the participating localities pursuant to general law or special act." Several aspects of the language in SB2 are troublesome, including: (1) whether the members of the governing bodies of the participating localities would be elected officials, and (2) whether the effect of the amendment would be the creation of another level of government. In my vieW, if the members of a regional governing body are not elected officials (i.e., appointed by the governing bodies of the participating localities), then the body is not directly accountable to the public. House Bill 733 (amendment #4), sponsored by then-Senator Mark Early, Senator Fred Quayle and Delegate Frank Hall, would amend the Constitution of Virginia to allow localities to enter into joint economic growth sharing agreements whereby two or more jurisdictions agree to share the costs and revenues of an economic development project. It would also eliminate counties' referendum requirement for bonds. Whereas amendments #3 and #4 have the strong support of the Virginia Chamber of Commerce and the business community general, several credible grassroots organizations have expressed equally valid and strong opposition. As your Delegate, it is important that I know the position of the Board of Supervisors on these important issues. I have always solicited your concerns where measures under consideration at the state level substantially impact on your ability to govern. Therefore, ! hereby urge the Board to adopt a resolution for or against these amendments at your next available opportunity. As you know, the General Assembly established Planning District Commissions ("PDCs') under the Virginia Area Development Act (Code of Virginia, Title 15.1, Chapter 34). The Act states that PDCs were created, inter alia, to "provide for the social, economic and physical development of communities and metropolitan areas of the Commonwealth on a sound and orderly basis, within a governmental framework and economic environment which will foster constructive growth and efficient adminiStration." Should the Board decide to adopt a resolution favoring amendment #3, I further request that it provide an explanation for why state support for PDCs should not be instantly discontinued. I look forward to hearing from you soon on these matters. OCTOBER 7, 199tb EXECUTIVE SESSION MOTION I MOVE THAT thE bOard go iNtO EXECUTIVE SESSION PursUaNT TO SECTION 2. 1-344(A) OF thE CODe OF VirgiNiA UNDER SUBSECTION ( I ) TO CONSIDER APPOINTMENTS TO BOARDS AND COMMISSIONS; UNDER SUBSECTION (3) TO CONSIDEr THE ACOUISITION OF PROPERTY FOR STORMWATER MANAGEMENT AND BIKEPATH I M PROVEM ENTS; UNDER SUBSECTION (3) TO CONSIDER THE ACC)UISITION OF PROPERTY FOR TRANSPORTATION IMPROVEMENTS; UNDER SUBSECTION (7) TO DISCUSS PENDING AND PROBABLE LITIGATION REGARDING THE PROVISION OF PUBLIC WATER; 'UNDER SUBSECTION (7) TO DISCUSS WITH lEGal COUNSEL AND STAFF a SPECIFIC LEGAL MAT~ER RELATING TO AN INTER~IURISDICTIONAL AGREEMENT; UNDER SUBSECTION (7) tO DISCUSS PROBABLE LITIGATION REGARDING AN INCIDENT RELATING TO COURTHOUSE SECURITY; AND UNDER SUBSECTION (7) tO DISCUSS PENDING LITIGATION REGARDING A COUNTY DETENTION POND. I N T E Alt~-madc Board of Cmm~ Supcmsors Off't~ of thc Cl~k tO the Boast g04-296-$843 R 0 F F I C E MEMO To: From: Subject: Date: Wayne Cilimberg, Director of Planning and Community Developmem. Laurie Hall, Senior Deputy Clerk (~J Policy on .Water/Sewer Service October 12, 1998 At its October 7, 1998, the Board of Supervisors adopted a policy on water/sewer service to properties split by jurisdictional area boundaries. I have attached a copy of that policy. Please contact me if I can be of further assistance. Attachment cc:' Bill Brent POLICY PropertieS Split by Water/Sewer Jurisdictional Area Designations. For parcels with jurisdictiOnal area designation on a portion, but not all, of the property and for which no other Board action describes availability of service to the parcel, water and/or sewer service shall be provided only to a structure(s) located substantially within the area included within the jurisdictional area. Service proposed to any other portion of the property outside the jurisdictional area will-require amendment to the jurisdictional area boundary. Any determination of "substantially within!' the jurisdictional area will be made by the Board of Supervisors.* *This process could be done by staff providing its recommendation on a particular case in an executive summary on the Board's consent agenda. The Board could approve the adoption of the consent agenda or pull from the agenda for further review/ discussion. (Adopted 10-07-98) COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Policy For Properties Split Jurisdictional Area Designations SUBJECT/PROPOSAL/REQUEST:. By Water/Sewer AGENDA DATE: October 7, 1998 ACTION: × CONSENT AGENDA: Board discussion to establish direction/policy on "partial" jurisdictional area designation for certain parcels. STAFF CONTACT(S): Messrs. Tucker, Cilimberg, Benish ACTION: ITEM NUMBER: INFORMATION: INFORMATION: ATTACHMENTS: Ye~/ REVIEWED BY: BACKGROUND: Questions have recently been raised regarding the interpretation of jurisdictional area designations that are located on only a portion of a particular parcel ("splits" a property). The main question is if only a portion of the property is designated for service, is the service limited to the specific area designated or can the service be extended to any part of the parcel? The County Board of Supervisors is responsible for establishing the urisdictional area, that area to be served by public water and sewer. The Albemarle County Service Authority ACSA) has previously determined that it was obligated to serve the properties within the jurisdictional area but it had no authority over where the property owner might extend that service on their property. This determination potentially allows areas to be served that are outside the jurisdictional area boundary, particularly on these split parcels. DISCUSSION: The interpretation of partial designation raises several questions. Specifically, are utility services available to the entire property, or only that portion designated for service? If the property owner wishes to provide service to another portion of the property instead of within the area designated, is that permitted or would an amendment to the jurisdictional area be necessary? If the area of the property within the jurisdictional area is too small to support a building site under the property's zoning, can service be extended to area outside the jurisdictional area or is an amendment required? The County staff and Service Authority need direction from the Board in interpreting these situations. Staff estimates that there are over 30 parcels with a partial (split) jurisdictional area designation and where the extent of service has not been limited by a specific Board action (with the granting of the jurisdictional area designation). Some of these parcels straddle Development Area boundaries and the jurisdictional area designations correspond to those boundaries. Other "split" parcels were based on the old Growth Area boundaries of the previous Comprehensive Plans (Scottsville). Many of these properties appear to have been included in the jurisdictional area in 1982 and 1983 amendments to the jurisdictional area maps, or are a result of subsequent subdivision of those parcels. However, there is limited information specific to these properties and the reasons for the split designation. Other split parcels have been created by adjusting parcel boundaries. In this situation, a portion of a parcel within the jurisdictional area is acquired and added to a parcel that was previously completely outside the jurisdictional area. It should be noted that properties are not normally mapped as split parcels under our current jurisdictional area amendment process. Whole parcels are included on the maps and any limitations on service approved by the Board for that property are noted in a text supplement to the jurisdictional area maps. intent of the jurisdictional area process has been to provide service to those areas where the County wants to ;ncourage new development to locate (Development Areas) and, conversely, limit service in those areas where ~evelopment is discouraged (Rural Area) to address various goals and objectives of the Comprehensive Plan supply watershed protection and other resource protection purposes, and efficiencies in service delivery). ;~on of water and sewer service has long been considered a major factor that can increase development )ressures. Therefore, the County's policy has been to allow service in the Rural Area only in cases where there is public health or safety issue and where the property is adjacent to an existing line (see Attachment A). BaSed these policies which have evolved over time, it is clear that in the case of the properties in the rural area, the fictional area designation has never been intended to provide more opportunity for development than what occur under the current zoning of the property. on the intent of the current policies already established, staff is of the opinion that for these split properties and/or sewer service should be available to only that area designated for service on the jurisdictional area (unless otherwise limited by a specific Board action). Before service can be provided outside the urisdictional area portion of the property, the normal Jurisdictional Area Amendment request would need to be submitted to the Board for their consideration and approval. This would include any intention to run a private line that part of the parcel that is in the jurisdictional area to that part of the parcel that is out. The Board would :hen review that request based on goals, objectives and strategies of the Land Use Plan, the existing and policies (provided below), as well as the unique circumstances of the particular request. Comments to this matter from an interested party are also attached (Attachment B). In order to provide clear understanding of how these split properties are to be treated, staff recommends that the Board adopt the following policy clarifying the intent of jurisdictional area designations that are located on only a parcel. For parcels with jurisdictional area designation on a portion, but not all, of the property and for which no other Board action describes availability of service tothe parcel, water and/or sewer service shall be provided only to a structure(s) located substantially within the area included within the jurisdictional area. Service proposed to any other portion of the property outside the jurisdictional area will require amendment to the jurisdictional area boundary. Any determination of "substantially within" the jurisdictional area will be made by the Board of Supervisors. * *This process could be done by staff providing its recommendation on a particular case in an executive summary on the Board's consent agenda. The Board could approve with the adoption of the Consent Agenda or pull from the agenda for further review/discussion. I :\dept\planning\jursexe. 107 98.214 ATTACHMENT A A Ib~ ma nl~ C o u n ty La n d Use l~la n a rural subdivision density utilizing a central system exceed the density achievable with the use of an independent system. The County currently follows the procedure outlined in the County Code for permitting a central sewer facility and requires Board of Supervisors' approval. As with central water systems, the ACSA discourages County approval central sewer systems in the Rural Area due to the potential of the Authority having to take over the system. Any new system that may be approved shall be built to ACSA standards. Recommendations New central sewer systems in the Rural Area shall be strongly discouraged except to address health and safety problems. Any new system approved must meet ACSA standards and not allow residential densities to increase beyond that density achievable under individual on-site facilities. 'Oefining Public Water and . swsr . rvics Ar as Public water and sewer facilities are defined as facilities capable of serving the entire Development area boundary. Public water and sewer are to be actively used by the County as an incentive for growth and, as such, should be provided in all classifications of Development Areas. Conversely, such utilities are not provided in the Rural Area, as these services can increase development pressures. Water and sewer service jurisdictional areas provide the implementing measure for directing utilities according to the land use plan and overall growth management policies. They also permit these services to be provided in a manner which can be supported by the utility's physical and financial capabilities. The jurisdictional areas are those portions of the County that can be served by water and/or sewer service and generally follow the Development Area boundaries. Delineation and adoption of utility project jurisdictional areas by a local governing body is provided in Title 15:1-1247 of the Code of Virginia. 124 A Ib~ m a nl~ Co u n ty /.a n d Us ~ Pla n Recommendations Provide public water and sewer only to areas within the ACSA jurisdictional area. Follow the boundaries of the designated Development Areas in delineating jurisdictional areas. Only allow changes in jurisdictional areas outside of designated Development Areas in cases where the property is: (1) adjacent to existing lines; and (2) public health and/or safety is in danger. Prohibit access to the Crozet Interceptor between the boundary of the Crozet Community and the Urban Area. Prohibit the installation of private central water and/or sewer systems in the Urban Neighborhoods, Communities and Villages. Water and . ewer Flanning Water and sewer facilities are essential if the urban densities recommended in the land use plan are to be realized. Available water supply and wastewater treatment capacities can limit the ultimate number of connections which can be made to either system. More important to the effective use Of these capackies for future growth is the strategic location and sizing of necessary water storage facilities, water distribution, and wastewater collection lines. The provision of water with adequate pressure to support necessary fire flows is equally important. Coordination of utilities and land use planning also requires the provision of util/ties where they are needed, and policies to ensure that Development Area densities and areas designated are appropriate. To ensure effective planning efforts between the County, City, U-VA, ACSA and RWSA, the Master Watcr..a. nd Sewer Study has been prepared. In this study, both short and long term projected water and wastewater needs for the existing Development Area boundaries and possible future expansion areas are analyzed. Also, based on these projections, the needed water and sewer facility improvements to meet the future demand of the service area are outlined. 125 Ku .t and Jane Krobo& 1722 Solo non Rd. Charlotte, VA 22991 804) 96 M59 (804) 296-2389 Dept. ATTACHMENT B September 28, 1998 Mr. V. Wayne Cilimberg Director Albemarle County Department of Planning and Community Development 401 Mclntire Road Charlottesville, VA 22902-4596 Dear Mr. Cilimberg: Pursuant to our recent phone conversation, I understand that your department is in the process of preparing a recommended County policy for determining eligibility for public services in the case of properties lying partly within and partly outside of jurisdictional area boundaries. I further understand that the Board of Supervisors plans to formulate such a policy at a meeting scheduled for October 7. As a homeowner potentially affected by such a policy, I would like to submit some suggestions for your consideration in connection with the preparation of your department's recommendations. In general, I think it serves efficiency, consistency and fairness to have a policy that establishes a clear but not arbitrary demarcation between properties having and those lacking the right to receive services. Efficiency would be served by avoiding the need for the Board of Supervisors to make a judgment about eligibility in each case. Consistency would indicate some continuity with historical practice, according to which all properties crossed by jurisdictional area boundaries were eligible for services. Examples of arbitrary demarcation would be if properties more than half inside the jurisdictional area were eligible for services while those less than half inside would be ineligible, or if only properties with part or all of the structure inside the jurisdictional area would be eligible. In general, I would suggest a policy that is no more restrictive than necessary. I recognize that a policy which allows all "straddling" properties access to services could be subject to abuse by owners attaching pipestem parcels for the sole purpose of obtaining services. However, the potential for abuse could be minimized by a combination of the approval process for property redivision and a policy that requires a certain time period between property redivision and initiation of services. V. Wayne Cilimberg Page 2 Since a primary stated goal of limiting public utility services is to control development outside the Development Area, this should also be a criterion for obtaining services. In other words, "straddling" properties would be eligible for services if and only if they could not be further subdivided. I would further propose that whatever policy is approved apply only to future cases. Properties crossed by jurisdictional area boundaries that receive services, or have a contract to receive services at the time the policy is approved - including our own Terrell Road property - should continue to receive such services. Although construction has not yet begun on Burgess Lane School, and therefore presumably no application for services has been made, I believe the policy should allow the school to receive services. Finally, I would point out that there appear to have been only four similar cases since 1980, of which three have been located in the same area, i.e., just west of Georgetown Road. Since this entire area has now been subdivided into single family residential lots (except the school property), and no further subdivision is possible, it would be logical, consistent and in the best interests of the community to include the more recently subdivided properties in the same jurisdictional area as the adjoining properties. If it is not possible to do so in connection with the policy presently under consideration, I would suggest that such an action be considered separately. I appreciate the work of your department on this issue and the opportunity to provide these suggestions. Very ~u'uly yours,~ David P. Bowerman Charlotte Y. Humphris J~ck Jouett Forrest IR. Marshall, Jr. CO~ OF ALbEMARI_E Office of Board of Supervisors 401 Mclntire Road Charlottesville, Vmginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 MEMORANDUM Charles S. Martin Rivemna Wnlter E Perkins White Hall Sally H. Thomas Samuel Miller TO: FROM: Board of Supervisors Laurie Hall ~ Senior Deputy (~lerk DATE: September 25, 1998 Applications for Boards and Commissions The following is a list of applications received from persons interested in current vacancies on Boards and Commissions which have been advertised. BOARD OR COMMISSION NEW TERM APPLICANT/ INTERVIEW, EXPIRE INCUMBENT IF DATE SCHEDULED William B. Ha~ey C. Henu Hinnant, III Jo~ W. Hem~n Elizabeth A. Isley William B. Ha~ey Attachments: 5 cc: Bob Tucker Larry Davis Printed on recycled paper COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Members of the Board of Supervisors Laurie Hall, Senior Deputy Clerk September 25, 1998 Vacancies on Boards and Commissions I have attached an updated list of vacancies on boards and commissions through December 31, 1998 on the reverse of this page. cc: Bob Tucker Larry Davis WISH TO BE MAGISTERIAL NEW TERM RE- APPOINTMENT BOARD OR COMMISSION MEMBER TERM EXPIRES EXPIRES APPOINTED? (Applications sent under separate Nancy Bamet~e (resigned) 05-31-99 05-31-99 (to No coveO fill balance of term) (Applications sent under separate (To be detemined) cover.) (Applications for L~ds~om vacancy Fra~ Kessler 11-14-98 11-14-2002 Yes due 10/27/98) C. T~o~y L~ds~om 11-14-98 11-14-2002 No (Applicmions due 10/27/98) Stephen Ayers 9-30-98 (mOved) 12/01/2001 No Karen Waters 12-31-98 12-31-2001 No Fr~ces Lee-Vandell 12-31-98 12-31-2001 Yes Karen Lilleleht 12-31-98 12-31-2001 Not eligible Smuel Anderson 12-31-98 12-31-2002 (le~er to be sent to U.Va.) (Continued) WISH TO BE tvtAsl:~ t 6KiAL NEW TERM RE- APPOINTMENT BOARD OR COMMISSION MEMBER TERM EXPIRES EXPIRES APPOINTED? Tracy Corea 12-31-98 12-31-99 Yes ~va~a George L~ie 12-31-98 12-31-99 Yes Jack Joue~ Albert H~be~on, Jr. 12-31-98 12-31-99 Yes ~ite Hall James Cl~k, Jr. 12-31-98 12-31-99 Yes Sco~sville Fr~k ~ce 12-31-98 12-31-99 Not replied ~o W. Ivar Mawyer 12-31-98 12-31-99 Not replied Samuel Miller I Craig VandeCastle 12-13-98 12-13-2001 Not replied No She~ Bu~ick 12-13-98 12-13 -2001 Yes Jo~ Marshall Oo~t & 12-31-98 12-31-2000 automatic w/office) G. David Emmi~ 12-31-98 12-31-2000 Yes I. Jo~ Marshall Qo~t) 12-31-98 12-31-2000 ~Sent: Monday, October 05, 1998 10:02 AM ~-- ~, ITo: Bob Tucker ' Cc: Wayne Cilimberg SUbject: RE: Walking/Biking Committee ~'7 John Bunch 2708 Westmoreland Road Charlottesville, VA 22901 804-974-9721 JoAnne Ebersold 2688 Powell Creek Drive Charlottesville, VA 22901 804-973-1889 ---Original Message .... From: Bob Tucker Sent: Monday, October 05, 1998 8:46 AM To: Wayne Cilimberg; Juandiego Wade Cc: Ella Carey Subject: RE: Walking/Biking Committee WAYNE AND JUAN: THANK YOU FOR THESE NAMES. DO EITHER OF YOU HAVE THE ADDRESSES AND PHONE NOS. FOR THESE INDIVIDUALS SO TJPDC WILL HAVE A WAY OF CONTACTING THEM? THANKS, BOB ROBERT W. TUCKER, JR COUNTY EXECUTIVE ..... Original Message .... From: Wayne Cilimberg Sent: Friday, October 02, 1998 10:40 AM To: Bob Tucker Cc: Juandiego Wade Subject: FW: Walking/Biking Committee Juan has provided two names of people who have confirmed interest in serving on this committee. I understand from Juan that the County needs to make two appointments. By copy of this e-mail I am asking Juan to provide you any other information you need about these individuals any order to make the appointments. If you have any other questions or need further information please contact Juan. .... Original Message ..... From: Juandiego Wade Sent: Thursday, October 01, 1998 6:40 PM To: Wayne Cilimberg Subject: Walking/Biking Committee COUNTY OF Al REMAIli .F Office of Board of Supewisors 401 Mclnare Eoad Charlottes~e, V~inia 229024596 (804) 296-5843 FAX (804) 296-5800 Charles S. Maran Walter E Perkins Sally H. Thomas October 9, 1998 Ms. Dolly Prenzel 1101 North Emmet St. Charlottesville, VA 22901 Dear Ms. Prenzel: At the Board of Supervisors meeting held on October 7, 1998, the Board appointed you to the ,Housing Committee effective October 7, 1998. Your term will nm through December 31, 2000. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/Ibh James L. Camblos, III Larry Davis Virginia McDonald c:\wpdocs\bds&comm\appoint Printed on recycled paper David P. Boy. man Chmlot~ Y. Humphfis Forrest R. Marshal~ Jr. Offi~ of Board of Supem~sors 401 Mclmire Road Charlottesville, Vaginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 C, harl~s S. Marlin Walter F. ~ Sail~, H. Thomas October 9, 1998 Mr. Craig Van de Castle Rt. 2, Box 488 Crozet, .VA 22932 Dear Mr. Van de Castle: At the Board of Supervisors meeting held on October 7, 1998, you were reappointed to the Public Recreational Facilities Authority, with term to begin on January 1, 1999 and expire on December 13, 2001. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis V. Wayne Cilimberg c:\wpdocs\bds&commXreappoint Printed on recycled paper DaSd P. ~ COUNTY O~ ALB~i f_ Office of Board of Superiors 401 Mcln~ Road Charlottesuil~, Vm~inia ~)0~96 (804) 296-5843 FAX (804) 296-.5800 Charles $. Marlin WalmrE ~ ~ H. Thomas Mr. John .M~~shall 3570 Brinnington Rd. Charlottesville, VA 22901 Dear Mr. Marshall: October 9, 1998 At the Board of Supervisors meeting held on October 7, 1998, you were reappointed to the Ri~vanna Solid Waste Authority, with term to begin on January 1, 1999 and expire on December 31, 2000. On behalf of the Board, I would like to take this oppommity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis Art Petrini c:\wpdocs\bds&commkreappoint Printed on recycled paper CITY OF CHARLOTTESVILLE Office of the Mayor P.O. Box 911 · Charlottesville, Virginia · 22902 Telephone (804) 970-3113 BOARD OF S December 1 t, 1998 Mr. Jack Marshall 3570 Brinnington Rd. Charlottesv/IIe, Va. 22901 Dear Mr. Marshall: I am pleased to inform you that at ks December 7th meeting, City Council reappointed you to serve a two-year term as the joint City/County appointee on the Rivanna Solid Waste and Water and Sewer Authorities. This term witI expire on December 3 I, 2000. We appreciate your continued willingness to offer your services to the community, and look forward to working with you in the furore. Sincerely, Virginia Daugherty Mayor cc: Art Petrini Ella Carey COUNI~ O~ ~l bEMA~ F_ Office of Board of Supervisors 401 Mclntire Road Charlottesville, V~jinia 22902-4596 (804) 296-.5843 FAX (804) 296-5800 ~ H. Thamns October 9, 1998 Mr. John F. Marshall 3570 Brinnington Rd. Charlottesville, VA 22901 Dear Mr. Marshall: ,, At the Board of Supervisors meeting held on October 7, 1998, you were reappointed to the R_ivanna Water & Sewer Authority, with term to begin on January 1, 1999 and expire on December 31, 2000. On beh. alf of the Board, I would like to take this oppommity to express .the Board' s appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis Art Petrini c:\wpdocs\bds&comm~reappoint Printed on recl~cled paper D~vki R COUNTY OF A~ REMARLE Office of Board of Supervisors 401 Mdntim Road' Charlotte, V~ini~ ~?.902-4596 (804) 9-96-5842 FAX (804) 9-96-5800 Walta- E Pemms Sally H. Thomas October 9, 1998 Ms. Frances Lee-Vandell 2622 Free Union Rd. Charlottesville, VA 22901 Dear Ms. Lee-Vandell: At the Board of Supervisors meeting held on October 7, 1998, you were reappointed to the ~ousing Committee, with term to begin on January 1, 1999 and expire on December 31,2001. On bel~alf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis Virginia McDonald c:\wpdocs\bds&comm~reappoint Chartot~ Y. Humpl'~s Forrest ~ ~a~, Jr. Office of Board of Supervisors 401 Mclntke Hoad Cb~rlot~viile, V~inia 22902-4595 (804) 296-,5843 lAX (804) 296-5///)0 Charle~ $, Martin Sally lt. Thomas October 12, 1998 Ms. JoAnne Ebersold 2688 Powell Creek Dr. Charlottesville, VA 22901 Dear Ms. Ebersold: At the Board of Supervisors meeting held on October 7, 1998, the Board appointed you to the,lefferson Area Bicycle and Walking Advisory Committee effective October 7, 1998. You will be contacted soon by Ms. Nancy O'Brien from the Thomas Jefferson Planning District Commission regarding meeting times and additional information. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh James L. Camblos, III Larry Davis Nancy O'Brien ¢:\wpdoc$\bds&comm\appoint Printed on recycled paper Ch~lott~ Y. Humpl~is COUNTY OF ^I_REMARi _f Offi~ of Bo~l o{ Sup~vi~ 401 Mclutir~ Road Charlottesville, Vn'cjinia 22902-4596 (804) 29~5843 FAX (804) 296-5800 W~Iter £ Perldns ~ Id. Thomas October 9, 1998 Mr. , Jr. 1130 Oak Hill Dr. Charlottesville, VA 22901 Dear Mr. Clark At the Board of Supervisors meeting held on October 7, 1998, you were reappointed as the'~cottsville Magisterial District representative to the Equalization Board, with term to begin on January 1, 1999 and expire on December 31, 1999. On behalf of the Board, I would like to take this oppommity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis Brace Woodzell c:\wpdocs\bds&comm~reappoint Printed on recycled poper Ch~o~ ¥. Humph~s COUNTY OF Al REMA~I 1::_ Office of Board of Supervisors 401 Mclntfm Road Charlottesville, V'a'~inia 22902..4596 (804) 296-5843 FAX (804) 296-5800 Walter E Perkins Sally H. Thomas October 1'2, 1998 Ms. Tracy Corea 611 Whitcover Circle Charlottesville, VA 22911 Dear Ms. Corea: ,, At the Board of Supervisors meeting held on October 7, 1998, you were reappoimed to the Equalization Board, with term to begin on January 1, 1999 and expire on DeCember 31, 1999. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis Virginia McDonald c:\wpdocs\bds&comm~rcappoint Printed on recycled paper David P. ~ Chadotte Y. Humphris .Fo~,~ R. Marsh~ Jr. COUNTY O~ a~EMa~i E Office of Board of Supervisors 401 Mclnfire Road Charlottesville, V~rginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Chades S. M~iin Walt~r F. Peri<ins ~ Iq. Thomas October 9, 1998 Ms. Sherry Buttrick P.O. Box 20 Charlottesville, VA 22903 Dear Ms. Buttrick: .. At the Board of Supervisors meeting held on October 7, 1998, you were reappointed to the Public Recreational Facilities Authority, with term to begin on January 1, 1999 and expire on December 13, 2001. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/lbh cc: James L. Camblos, III Larry Davis V. Wayne Cilimberg c:\wpdocs\bds&commh'¢appoint Printed on recycled paper l~vkl R Bowem~m Charlo~ Y. Humphr~ Forrest R. Marshall, Jr. COUNTY OF A~ ~E~ E Office of Board of Sul:,a~isors 401 Mclntire Road Chadottesville, Vtrginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Walter E Peri, ms .%fly H. Thomas October 12, 1998 Mr. John Bunch 2708 Westmoreland Rd.. Charlottesville, VA 22901 Dear Mr. Bunch: At the Board of Supervisors meeting held on October 7, 1998, the Board appointed you to the ~[efferson Area Bicycle and Walking Advisory Committee effective October 7, 1998. You will be contacted soon by Ms. Nancy O'Brien from the Thomas Jefferson Planning District Commission regarding meeting times and additional information. On behalf of the Board, I would like to take this oppommity to express the Board's appreciation for your willingness to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman FRM/Ibh cc: James L. Camblos, III Larry Davis Nancy O'Brien c:\wpdocs\bds&commkappoint Printed on recycled p~per CouKrY OF ALBEMAI?i _~: Office of Board of Supervisors 401 Mclntire Road Chadottesville, V'gg~nia 22902-4596 (804) 206-5843 FtOt (804) 206-S8~ Walter F. Perkins Sally H. Thomas October 13, 1998 Mr. Samuel Anderson The Rotunda, SE Wing University of Virginia 22903 Dear Mr. Anderson: At the Board of Supervisors meeting held on October 7, 1998, the Board appointed you to the'Albemarle County Planning Commission effective January 1, 1999. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to continue to serve the County in this capacity. Sincerely, Forrest R. Marshall, Jr. Chairman . FRM/lbh cc: James L. Camblos, III Larry DaVis Wayne Cilimberg e:\wpdoes\bds&¢omm\appoint Printed on recycled p~per - Thomas Jefferson Rural Transportation Planning P~ogram Charlottesville-Albemarle Metropolitan Planning Organization POB 1505, Charlottesvi~e, VA 22902; (804) 979-7310; fax: (804) 979-1597 Virginia Relay Center for hearing impaired: (800) 828-1140 (voice/; (800) 828-1120 (TDD) emad: tj?d@state.va.us; website: htt?://avenue.or~/tjpdc TO: Robert Tucker, Albemarle County Executive Gary O'Connell, Charlottesville City Manager Dean BeLer, Fluvanna County Administrator Julius Morris, Greene County Administrator Jeff Lunsford, Louisa County Administrator Steve Carter, Nelson County Administrator (for your information) * Leonard Sandridge, University of Virginia FROM: Hannah Twaddell, Senior Planner DATE: August 17, 1998 ~ mmi~~ RE: Citizen Appointments t ~f.ferson Area Bicycle and Walking Advisory Co The Planning District Commission, which oversees rural transportation planning, and the Metropolitan Planning Organization (MPO) for urban transportation planning, have approved formation of an advisory committee to guide staff on development and support of bicycle and pedestrian plans throughout the region. Enclosed is a description of the committee. The committee will be supported by the .MP.O and.Rural Transportation Technical Committees, and will develop plans and proposals for approval by local governments and the MPO. The PDC and MPO are requesting that each locality and the University appoint representatives-who will serve for two-year terms. These could be citizens, planning commissioners, members of bicycling associations, or any people the locality feels would be most suitable for this work. We look forward to hearing from you, we hope within the coming two months, with the name of your representatives. Thank you for your assistance, and please feel free to contact Nancy O'Brien or me if you have any questions. * Nelson County appointed Ron Enders to serve on this committee when it was proposed in the winter of 1998. Enclosed: JABAWAC Committee Description cc: Nancy K. O'Brien, Executive Director Thomas Jefferson Rural Area Trans portafion Study Charlottesville-Albemarle Metropolitan Planning Organization POB 1505, Charlottesville, VA 22902; (804) 979-7310; fax: (804) 979-1597 emad: tj?d@state.va.us; website: http://avenue.org/tjpdc Jefferson Area Bicycling and Walking Advisory Committee description updated July 21, 1998 Mission The committee will advise and assist the MPO and the PDC in developing urban and rural bicycle and pedestrian plans and implementatiOn strategies in order to establish a comprehensive network of bicycle and pedestrian access throughout the region. Scope of Study Priority issues for the committee to address are noted in the attached Bicycle and Pedestrian plans from the Charlottesville Area Transportation Study Year 2015. The committee will also work with maps of proposed rural area bicycle facilities and suggestions developed by the PDC during public work sessions and followup discussions with staff during 1997 and 19 98. The committee will serve as a liaison between the community and the local governments participating in the PDC and the MPO, representing particularly the interests of persons and organizations with concerns regarding bicycle and pedestrian mobility. The committee will coordinate its activities with other related groups such as the City Bicycle Advisory Committee. The committee will meet on a regular basis and will report not less than quarterly to the MPO and the PDC. Staffing is provided by the iMPO and the PDC, working with local and VDOT staff. Membership Committee representation will be made by appointment from each locality and the University of Virginia, as follows: Two Charlottesville representatives Two Albemarle representatives One Fluvanna representative One Greene representative One Louisa representative One Nelson representative: Ron Enders, appointed in June 1998 One University of Virginia representative Q:\Transportation\CommitteesXJABAWAC\j abawac description.wpd Bicycle Projects A) Update regional bicycle plan to achieve a complete network of bicycle facilities for all classes of cyclists, connecting residential, employment, shoPping, education, medical, and recreationalcenters and coordinated with pedestrian and transit improvements to reduce dependence on the single- occupant automobile. 1) Form Jefferson Area Bicycling and Walking Advisory Committee, to oversee update of urban plan, development of rural plan, and strategies to fund, stimulate, and monitor development of facilities. The plan should be sensitive to the needs of rural areas to avoid significantly widening or straightening roads, and should address the needs of different classes of cyclists, including high- speed road riders and low-speed novice riders. 2) Complete updated urban area network plan, coordinated with UVA bicycle plan. Focus should be on facilities which serve high density neighborhoods, schools, parks and recreation areas, visitor sites, and transit connections. Priority areas to examine include: · Entrance corridors from the County into the City · West Main Street connecting UVA to downtown (this is partially complete) · University Avenue between Jefferson Park Avenue and Emmet Street. · Emmet Street between Jefferson Park Avenue and Barracks Road. · Fontaine Avenue between Jefferson Park Avenue and 1-64, with a continuous roadway facility from the City to the gravel road leading to the Ragged Mountain trail. · Rugby Road between Chancellor Street and Preston Avenue · Preston Avenue between Barracks Road and Mclntire Road · Water Street/downtown mall area · Avon Street (Route 742) to connect growing residential areas around Mill Creek to downtown as welt as to southern area shopping and school facilities. · Airport Road (Route 643), concurrent with roadway widening and pedestrian facilities (see Road Project C 19). · Ivy Road (Rome 250 West) from Emmet Street to Owensville Road · Richmond Road (Rome 250 East) from Free Bridge to Shadwell · Seminole Trail (Rome 29) from Barracks Road north, either on-road or parallel facilities · Thomas Jefferson Parkway and connection to downtown · Meadow Creek Parkway and Mclntire Park · Greenbelt corridor system, hnking Rivanna River, Moore's Creek, Meadow Creek, and Powell Creek (some trails in system are currently planned for pedestrian use only; options for improving them to accommodate cyclists or providing alternative cycling routes should be explored). · County secondary roads with high bicycle usage, such as Old Lynchburg Road (Rt 631). Facilities on secondary roads should avoid the effect of significantly widening or straightening the roadway, which can unintentionally encourage faster vehicle speeds. · Unfinished links between existing facilities, such as the corridor from Old Lynchburg Road (Rt 631) to Ridge Street, West Main Street, and the University. · Heavily traveled intersections 3) Develop Rural Network Plan for all localities in the Planning District, using as a foundation the maps of desired routes and facilities developed by the Rural Area Transportation program in I996-97. Charlottesville Area Transportation Study Year 2015 Project Plan Adopted January 5, 1998 Page 17 B) Include updated bicycle safety strategies in regional bicycle plan. Implementation of the following strategies can begin while the update is being developed: 'Establish pavement smoothness standards for roads; target.areas with heavy bicycle use and. all planned facilities. (note Palo Alto, CA, model standards) 2) Implement bicycle safety education program for adults (motorists/cyclists) and children 3) Consider development of regulations such as bicycle licensing and inspection, a helmet law and traffic laws, and increase support for enforcement of existing safety regulations. 4) Encourage reduction of glass litter by promoting recycling, supporting a bottle bill, and requiring immediate cleanup of debris from traffic accidents. 5) Improve crossings by such devices as traffic signal pressure switches for bicyclists and pedestrians at major intersections; rubber panels for cyclists on railroad crossings where visibility permits crossing without dismounting, or signage instructing cyclists to dismount and walk across; and curb/pavement abutments for smooth curvature. 6) Install "Share The Road". signs along all major corridors. 7) Develop climbing lanes for heavily traveled hills and safety pulloff areas for cyclists on narrow roads, and/or pave shoulders on all primary and secondary roads in study area. VDOT policy calls for paved shoulders on all primary roads to .reduce long-term maintenance costs. This goal must be tempered with the need to avoid widening roads to the point that faster vehicle traffic is encouraged or rural character is spoiled. C) Improve planning, implementation and promotion of bicycle facilities. 1) Establish bicycle access as criteria in each local site review process. 2) Include bicycle planning updates in regular MPO review process 3) Add computer modeling capability for bicycle planning to MPO/VDOT resources. 4) Consider development of a public bicycle program, similar to those implemented in several European cities and American cities such as Portland, Maine. Projects Related to Bicycle Transportation in CATS 2015: Travel Demand Management: Visitor Travel System, Neighborhood Connections Assessment Land Use: Traffic Calming Programs Pedestrian Transportation: Jefferson Area Bicycling and Walking Advisory Committee Charlottesville Area Transportation Study Year 2015 Project Plan Adopted January 5, 1998 Page 18 Pedestrian Transportation A) Update regional pedestrian plan, connecting residential, employment, shopping, education, medical, and recreational centers and coordinated with bicycle and transit improvements to reduce dependence on the single-occupant automobile. l) Form Jefferson Area Bicycling and Walking Advisory Committee, to oversee update of urban plan, development of rural plan, and strategies to fund, stimulate, and monitor development of facilities. 2) Complete updated urban area network plan, coordinated with UVA pedestrian plan. Focus should be on facilities which serve high density neighborhoods, schools, parks and recreation areas, visitor sites, and transit connections. Priority areas to examine include: · West Main Street, connecting UVA and downtown · Emmet Street accessing University Hall (investigate overpass) · Ivy Road accessing St. Anne's Belfield School (investigate overpass) · Seminole Trail (Route 29) crossings (see also Safety item below) · Pantops, including access from residential areas to shopping center · Avon Street extended, connecting residential and commercial areas · Airport Road, concurrent with road widening and bicycle facilities (see Road P. roject C 19) ,. Downtown to Thomas Jefferson Parkway · Greenbelt corridor system linking Rivanna River, Moore's Creek, Meadow Creek, and Powell Creek · Parks and recreation areas, particularly Mclntire Park · Priority facilities identified in City and County pedestrian plans. · New County development areas Heavily traveled intersections · Unfinished links between existing sidewalks. · Residential areas with nearby schools · Areas within, adjacent to University · Areas at and adjacent to existing and planned bus stops 3) Develop rural pedestrian plans for all localities in the Planning District outside the city. Plans will focus on improved access among neighborhoods and activity centers within rural towns and villages, as well as greenbelts and path systems for recreation and tourism development. B) Include updated pedestrian safety strategies in regional pedestrian plan. Implementation of the following strategies can begin while the update is being developed: l) Conduct comprehensive study of pedestrian activity to identify heavily traveled paths and needs for safety and access improvements. 2) Identify and improve pedestrian intersections which need improved facilities, markings and/or signage. Priorities include the commercial area of Seminole Trail (Route 29) and area railroad crossings. The MPO and VDOT are currently developing, through a consultant study, a strategy for locations, facility types, and development of pedestrian crossings on Seminole Trail. 3) Continue City program of improving existing facilities to meet ADA standards. Ensure new facilities Charlottesville Area Transportation Study Year 2015 Project Plan Adopted January 5, 1998 Page 23 in the City and County meet standards C) Improve planning and development of pedestrian facilities. 1) Establish pedestrian access as criteria in each local residential, commercial, and industrial site review process, and encourage private development of sidewalks. 2) Include pedestrian planning updates in regular MPO review process 3) Add computer modeling capability for pedestrian planning to MPO/VDOT resources. 4) Develop coordinated, regionally funded program to maintain sidewalks, building upon City public works program. Currently, the County has no major funding provisions through local or VDOT sources to develop and maintain sidewalks, or keep them clean and clear; this must be addressed in order to ensure continuity of the system along entrance corridors into the City, and to promote significant pedestrian transportation options in the County. This is also a critical .component of meaningful transit service, as riders must walk to and from bus stops. 5) Develop new funding sources for pedestrian facilities, such as funding for sidewalk development as part of transit capital expenditures. Projects Related to Pedestrian Transportation in CATS 2015: Travel Demand Management: Visitor Travel System, Promotion of SOVAlternatives Land Use: Traffic Calming Program, Neighborhood Connections Assessment Bicycle Transportation: Jefferson Area Bicycling and Walking Advisory Committee Charlottesville Area Transportation Study Year 2015 Project Plan Adopted January 5, 1998 Page 24