HomeMy WebLinkAbout2001-03-09
BOARD OF SUPERVISORS
FINAL
MARCH 9, 2015
6:00 P.M., AUDITORIUM
COUNTY OFRCE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. From the Public: Matters Not Listed on the Agenda.
5. PUBLIC HEARING to receive comments on the County Executive's
Recommended Operating and Capital Budget for FY 2005/2006.
6. Discussion: Water Supply Options.
7. From the Board: Matters Not Listed on the Agenda.
8. Adjourn to March 14, 2005, Room 235, 1 :00 p.m.
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ACTIONS
Board of Supervisors Meeting of March 9, 2005
March 11, 2005
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 6:02 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Debi Movers.
4. From the Public: Matters Not Listed on the
Agenda.
John Martin:
· Questioned the legality of RWSA's Board of
Directors closed session on February 28th.
Suggested that future closed meetings of the
RWSA dealing with water supply include one
City Council Member and one Board of
Supervisors' Member.
Liz Palmer:
· Gave a copy of a letter to Board members
offering observations, opinions and to correct
misinformation presented at the March 3rd joint
water supply meeting.
Jamie Spence:
· He is President of the Blue Ridge Home
Builders Association. Clarified their position
with regards to the proposed Subdivision Text
Amendment. Remarks were copied and
provided to Board members. The BRHBA is in
opposition to this proposed amendment and
intend to fight it unless their concerns are
addressed.
John P. Moore:
· Stated Butch Davies, representative from the
Culpeper District to the CTB, is not going to
support the Route 22/231 truck restriction.
Asked Board to coordinate with Congressman
Rob Bell on this issue.
5. Public Hearing to receive comments on the County
Executive's Recommended Operating and Capital
Budget for FY 2005/2006.
· HELD the public hearinQ.
. The Board recessed at 8:12 p.m. and reconvened
at 8:27 p.m.
6. Discussion: Water Supply Options.
· HELD discussion. Mr. Rooker stated that he
would communicate with the Mayor, David
Brown, regarding the formation of a committee
to meet with federal and state regulators.
· CONSENSUS of Board to pursue the
appointment of elected officials on the RWSA
Board.
7. From the Board: Matters Not Listed on the Agenda.
Robert Tucker:
· Presented a Resolution to the Board Clerk: Forward signed copy of resolution to
AuthorizinQ the Execution of a Memorandum of County Attorney's Office.
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Understanding between the City of (Attachment 1 )
Charlottesville, Albemarle County, The
University of Virginia and the Rivanna Solid
Waste Authority for Funding Environmental
Remediation Costs at the Ivy Landfill.
ADOPTED by a vote of 6:0.
. Presented Ordinance No. 05-E(1). An Clerk: Forward adopted ordinance to County
emergency ordinance establishing testing Attorney's Office. Forward copies to Mark
requirements to determine whether a private Graham, Tamara Green, Jay
ground water well has been contaminated Schlothauer and Amelia McCulley.
where the Virginia Department of (Attachment 2)
Environmental Quality has confirmed that there
has been a petroleum release or discharge and
the well is located in an active contamination
area. ADOPTED ordinance, by a vote of 6:0.
8. Adjourn to March 14,2005, 1 :00 p.m., Room 235.
. The meetina was adiourned at 9:10p.m.
/djm
Attachment 1 - Resolution and Memorandum of Understanding for Remediation Costs at Ivy Landfill
Attachment 2 - Emergency Ordinance Establishing Testing Requirements for Private Ground Water
Wells
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ATTACHMENT 1
RESOLUTION
AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CHARLOTTESVILLE. ALBEMARLE COUNTY,
THE UNIVERSITY OF VIRGINIA AND THE RIVANNA SOLID WASTE AUTHORITY FOR FUNDING
ENVIRONMENTAL REMEDIATION COSTS AT THE IVY LANDFILL
BE IT RESOLVED by the Albemarle County Board of Supervisors that the County Executive is
hereby authorized to execute, on behalf of the County, the Memorandum of Understanding Among the
City of Charlottesville, the County of Albemarle, the Rector and Visitors of the University of Virginia and
the Rivanna Solid Waste Authority related to the sharing of costs for environmental remediation at the Ivy
Landfill, in a form approved by the County Attorney.
The County's payment of its respective share of the remediation costs pursuant to the terms of
the Memorandum of Understanding is expressly made contingent on the annual appropriation of sufficient
funds by the Board of Supervisors, and on the continuing payment by the University of Virginia and the
City of Charlottesville of their respective shares of the remediation costs under the terms of the
Memorandum of Understanding. A certified copy of this Resolution shall be attached to and made a part
of the Memorandum of Understanding.
MEMORANDUM OF UNDERSTANDING
AMONG
THE CITY OF CHARLOTTESVILLE
THE COUNTY OF ALBEMARLE
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
AND
THE RIVANNA SOLID WASTE AUTHORITY
This Memorandum of Understanding ("MOU") is made this _day of 2004 by and
among the City of Charlottesville (the "City"), the County of Albemarle (the "County") the Rector and
Visitors of the University of Virginia (the "University") and the Rivanna Solid Waste Authority (the
"Authority"), together referred to as the "Parties."
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
prior to the formation of the Authority, the City and the County jointly owned a tract of
approximately 300 acres of land situated on State Route 637 in Albemarle County,
Virginia, on which a solid waste depository was developed known as the Ivy Landfill (the
"Landfill");
on November 20, 1990, the City and the County entered into a certain Solid Waste
Organizational Agreement for the purpose of forming the Authority to operate the Landfill,
which Landfill operated continuously from 1968 until the closure of Cell 2 in 2001;
at all times since 1968 the City, the County and the University have utilized the Landfill
and benefited from its use as a solid waste depository;
pursuant to the Virginia Administrative Code, the Virginia Department of Environmental
Quality (the "VDEQ") has promulgated regulations for closure of solid waste depositories
located within the Commonwealth of Virginia;
pursuant to such regulations, the Authority has submitted a Corrective Action Plan
("CAP") to the VDEQ for the closure, remediation and monitoring of all disposal cells
located at the Landfill;
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WHEREAS,
beginning July 1, 2005, the Authority expects to incur the following expenses for the
closure, remediation and monitoring costs for the Landfill (the "Costs"):
a. The expenses incurred by the Authority under the CAP;
b. The cost of such additional remediation activities, which if not required under the
CAP, are approved by the Authority's Board of Directors as being reasonably
necessary or appropriate to complete the remediation of the Landfill; and
c. The administrative overhead of the Authority reasonably allocated to such
activities;
WHEREAS,
the estimated Costs for each fiscal year of the Authority beginning July 1, 2005 (the 2006
fiscal year) through June 30, 2035 are shown on a spreadsheet (i) using current dollars
and (ii) assuming an inflation rate of 2.5% per annum attached hereto as Exhibit A;
WHEREAS,
the costs and expenses the Authority expects to incur under the CAP cannot be funded
by future revenues of operation of the Authority;
WHEREAS,
the Parties have agreed that the following allocation of the Costs is reasonable and
appropriate:
City:
County:
University:
33%
60%
7%; and
WHEREAS,
the University, since it is not a party to the Solid Waste Organizational Agreement and
not represented on the Board of Directors of the Authority, desires to fix its share of the
Costs, and the City and the County are willing to allow it to do so.
NOW, THEREFORE, the Parties agree as follows:
1. The University agrees to fund its share of the Costs as set forth on Exhibit A on the first day of
each fiscal year of the Authority beginning on July 1, 2005 and continuing on each July 1
thereafter through and including July 1, 2034, reserving the option to pay one-quarter of such
amount initially, and paying three additional equal quarterly installments on October 1, January 1
and April 1 of each year. The University shall also have the right to prepay all or any portion of its
share of the Costs on or before December 31, 2005 based on the amounts set forth on Exhibit B,
or at anytime thereafter based on the amounts set forth on Exhibit A with any Costs projected
after the prepayment date adjusted to prepayment date dollars using the inflation rate assumed
on Exhibit A.
2. Each of the City and the County agrees to fund its share of the balance of the Costs remaining
after payment of the University's share of the Costs as the total amount of such Costs for each
year may be adjusted in the budget approved by the Authority's Board of Directors each year in
the following percentages:
City:
County:
35.5%
64.5%
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Such amounts shall be paid to the Authority on the first day of each fiscal year of the Authority
beginning on July 1, 2005 and continuing on each July 1 thereafter through and including July 1,
2034, with each reserving the option to pay one-quarter of such amount initially, and paying three
additional equal quarterly installments on October 1, January 1 and April 1 of each year.
3. Any amendment to this MOU must be made in writing and signed by the Parties; provided,
however, that the City and the County may adjust their share of the balance of the Costs set forth
in Paragraph 2 above as between themselves without the consent or agreement of the University;
provided further, however, that such adjustment shall be in writing and signed by each of the City
and the County.
4. This MOU shall be governed in all respects by the laws of the Commonwealth of Virginia.
5. Any notice, invoice, statement, instructions, or direction required or permitted by this MOU shall
be addressed as follows:
a.
To the City:
Office of the City Manager
P.O. Box 911
Charlottesville, VA 22902
b. To the County: Office of the County Executive
401 Mcintire Road
Charlottesville, VA 22902
c.
To the University:
Office of the Executive Vice President
and Chief Operating Officer
P.O. Box 400228
Charlottesville, Virginia 22904-4228
d.
To the Authority:
Thomas L. Frederick, Jr., Executive Director
Rivanna Solid Waste Authority
P.O. Box 979
Charlottesville, Virginia 22902-0979
Or to any other party at such other address or addresses as shall at any time or from time to time
be specified by the Parties.
6. This MOU, and any amendment or modification that may hereafter be agreed to in accordance
with the provisions herein, constitute the entire understanding between the Parties with respect to
the matters addressed, and supersede any and all prior understandings and agreements, oral or
written, relating hereto.
WHEREAS these terms are agreeable to the City of Charlottesville, the County of Albemarle, the
The Rector and Visitors of the University of Virginia, Rivanna Solid Waste Authority, each party offers its
signature this _day of , 2004.
THE CITY OF CHARLOTTESVILLE:
Date
Gary B. O'Connell
City Manager
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THE BOARD OF COUNTY SUPERVISORS
OF ALBEMARLE COUNTY:
Robert W. Tucker, Jr.
County Executive
THE RECTOR AND VISITORS OF
THE UNIVERSITY OF VIRGINIA:
Leonard W. Sandridge
Executive Vice President and
Chief Operating Officer
THE RIVANNA SOLID WASTE AUTHORITY:
Thomas L. Frederick, Jr.
Executive Director
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Date
Date
Date
ATTACHMENT 2
ORDINANCE NO. 05-E(1)
AN EMERGENCY ORDINANCE ESTABLISHING TESTING REQUIREMENTS TO DETERMINE
WHETHER A PRIVATE GROUND WATER WELL HAS BEEN CONTAMINATED WHERE THE
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY HAS CONFIRMED THAT THERE HAS
BEEN A PETROLEUM RELEASE OR DISCHARGE AND THE WELL IS LOCATED IN AN ACTIVE
CONTAMINATION AREA
WHEREAS, Virginia Code § 32.1-176.5 enables the Albemarle County Board of Supervisors to
establish reasonable testing requirements for private ground water wells serving as the primary potable
water supply to determine whether the water from such wells complies with existing federal or state
drinking water quality standards and to require that the testing be done prior to the issuance of building
permits;
WHEREAS, the release or discharge of petroleum poses a threat to the ground water and to
private ground water wells that serve as the primary potable water supply and, in turn, poses a threat to
the public health, safety and welfare;
WHEREAS, private ground water wells located in areas where a petroleum release or discharge
has been confirmed by the Virginia Department of Environmental Quality may pose an immediate threat
to the public health where the contamination has not been remediated or otherwise corrected;
WHEREAS, it is necessary to protect the public health, safety and welfare in areas where there
has been a petroleum release or discharge confirmed by the Virginia Department of Environmental
Quality by requiring that new private ground water wells in such areas be tested for petroleum
contamination to determine the extent of the contamination, if any, and to assure that the wells satisfy
existing federal or state drinking water quality standards for the contaminants;
WHEREAS, active contamination areas have been identified in Albemarle County and proposed
private ground water wells have not been tested and may be contaminated;
WHEREAS, the Virginia Department of Environmental Quality has cautioned that establishing
new private ground water wells in the immediate area of a contamination plume could alter the conditions
of existing contamination plumes and draw contaminants into areas that are currently free from
contamination; and
WHEREAS, the Board of Supervisors finds that an emergency exists requiring the adoption of
this Ordinance without prior public notice pursuant to Virginia Code § 15.2-1427.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT:
Section 1. Purpose.
The Board of Supervisors finds that discharges or releases of petroleum from leaking
underground storage tanks may pollute ground water and, at high enough levels, these pollutants may
render water unsuitable for drinking and may cause adverse effects on the public health, safety and
welfare.
Section 2. Applicability.
This Ordinance shall apply to those areas of the County where the release or discharge of
petroleum from leaking underground storage tanks has been confirmed by the Virginia Department of
Environmental Quality and such area remains an active contamination area. For the purposes of this
Ordinance, the term "active contamination area" means those lands within the area identified by the
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Virginia Department of Environmental Quality to be contaminated such that, in its judgment, the
contamination poses a risk to human health and the environment and warrants corrective action or
remediation, and those lands within two thousand (2,000) feet of the contaminated area determined by
the Virginia Department of Environmental Quality to be at risk for contamination.
Section 3. Well testing and reporting.
Each private ground water well serving as the primary potable water supply for a structure within
an active contamination area shall be tested as provided herein prior to the issuance of a building permit
for the structure:
A. Contaminants to be tested. The tests shall determine whether the following volatile
organic compounds are present in the water: Benzene, Toluene, Ethylbenzene, and Xylenes.
B. Applicable standards. Each contaminant identified in Section 3(A) of this Ordinance shall
be tested for compliance with the maximum contaminant level established for that contaminant under the
federal Safe Drinking Water Act, as follows:
1. Benzene: 0.005 MCL (mg/L)
2. Toluene: 1 MCL (mg/L)
3. Ethylbenzene: 0.7 MCL (mg/L)
4. Xylenes (total): 10 MCL (mg/L)
For the purposes of this Ordinance, "MCL" is the maximum contaminant level, which is the highest level of
a contaminant that is allowed in drinking water. The units are in millgrams per liter (mg/L); milligrams per
liter are equivalent to parts per million.
C. Sampling and testing services. Samples shall be taken and tests shall be performed
using appropriate testing methods by either the Virginia Department of Environmental Quality or by a
laboratory certified by the Commonwealth of Virginia to perform such services. No such tests shall be
conducted by Consolidated Laboratories. The cost of such tests shall be paid by the landowner, provided
that nothing herein prohibits the Virginia Department of Environmental Quality from conducting the tests
without charge to the landowner.
D. Reporting oftest results. The testing laboratory shall notify the landowner of the test
results in a written report.
Section 4. Building permit; withholding.
Each applicant for a building permit for a structure to be served by a private ground water well as
the primary potable water supply within an active contamination area shall present the report containing
the test results required by Section 3 of this Ordinance prior to issuance of the building permit.
A. No contaminants detected. If there are no tested contaminants detected, then the
building permit shall be issued provided that all other applicable requirements are satisfied.
B. Contaminants detected; exceed applicable standards. No building permit shall be issued
if one or more contaminants are detected and they exceed the federal Safe Drinking Water Act standards
identified in Section 3(B) of this Ordinance, unless and until an alternative primary potable water supply is
provided.
Section 5. Immediate effect; emergency.
This Ordinance shall take effect immediately, being adopted under emergency procedures
pursuant to Virginia Code § 15.2-1427, and shall remain in effect not longer than sixty days unless
readopted in conformity with the applicable provisions of the Virginia Code.
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PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC - MARCH 9, 2005
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John P. Moore
5899 Gordonsville Road
Keswick, V A 22947
March 8, 2005
The Honorable Whittington W. Clement
Secretary of Transportation
Ninth Street Office Building
202 North 9th Street, 5th Floor
Richmond, VA 23219'
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Dear Secretary Clement:
I and many of my fellow Virginian's are saddened that you will soon be leaving us as Secretary
of Transportation. It appears that Virginia and VDOT in particular have taken great strides
forward under your leadership. Thank you for your service to the Commonwealth.
There is one more critical action you can take before leaving us as Secretary of Transportation.
That would be to make sure that the through-traveling tractor trailer restriction requested for
Routes 231 and 22 by the Albemarle County Board of Supervisors is placed on the agenda at the
next meeting of the Commonwealth Transportation Board and that the restriction is enacted.
This past Monday, March 7th, there was yet another tractor trailer wreck on Route 22. This was
the second log truck to crash in exactly the same place traveling in the same direction.
Miraculously in both instances no one was injured. Whether it was luck or divine intervention
hardly matters. It is unlikely that the next time we will be so lucky. The last tractor trailer crash
on Route 231 was just this past September.
,We have been given to understand that both you and Commissioner Shucet have stated that you
will support the requested restriction and that it is up to Butch Davies as representative from the
Culpeper District to the CTB to bring the item forward. I have contacted Mr. Davies requesting
that he put the restriction on the agenda for the next meeting even though the deadline for agenda
submittals was on March 4th.
If for any reason Mr. Davies cannot or will not bring the item forward, I would respectfully
request that you do so on behalf of the Albemarle Board of Supervisors. We are very concerned
that if the requested restriction is not acted on at the next CTB meeting, that it will be tabled until
a new Secretary is appointed, at which time we face the very real prospect of having to start again
from square one. That simply is an unacceptable prospect.
I hope that we can count on your intervention and support in this critically important matter.
Thank you.
SinCO¡" regards, L
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Cc w/o attachment
The Honorable Butch Davies
Senator Creigh Deeds
Delegate Rob Bell
Albemarle County Board of Supervisors
Factors to be Considered in the Decision to
Implement a Restriction on Through Traveling Tractor-Trailers on
Routes 231 and 22 between the Town of Gordonsville and Shadwell
The Virginia Commonwealth Transportation Board (CTB) is in the process of reviewing
a request by the County of Albemarle Board of Supervisors to restrict through trips by
tractor-trailers along Routes 231 and 22 between Shadwell and the Town of
Gordonsville. The following analysis of the factors surrounding the county's request is
provided on behalf of the citizens who live along the roadway, many of who in 1994 first
brought the safety issues associated with large truck traffic on the roadway to the
attention of the Board of Supervisors.
The analysis is organized into the following sections: a Statement of Need, Alternative
Routes, Additional Factors, and an Analysis of Factors.
Statement of Need
1. The Albemarle County Chief of Police has recommended the restriction as the
only reasonable and feasible way to improve the protection of the health, safety
and welfare of the public traveling the roadway.
2. The Board of Supervisors has adopted three separate resolutions beginning in
1995 stating their desire to the Commonwealth Transportation Board for the
implementation ofthe restriction based broadly on the following factors:
a) citizen concerns that are supported by factual data regarding the
incompatibility of Routes 231 and 22 with large trucks and the record of accidents
involving trucks
b) actions by the state that increased the dimensions and weight of trucks that
can legally use a road that, because of its design and construction, is inherently
dangerous for use by trucks of that size and class
c) improvements on the scale necessary to make the roadway safe for the largest
class of trucks are undesirable and incompatible with both the roadway's
designation as a Virginia Byway that travels through a designated Rural Historic
District and with the Albemarle County Comprehensive Plan
d) statements by both the County and state law enforcement officials that
effective enforcement activities cannot be conducted once trucks already are on
the roadway
3. In the ten years since the first request for the restriction and particularly since last
spring when VDOT repaved and widened the travelway by several inches, safety
along the road has deteriorated. Truck drivers continue to break the laws
governing size and classes of vehicles they conduct on the roadway, and they
continue to ignore both the speed limit and all posted Advisory Speeds on curves.
Since the citizens' fIrst request in 1994, no fewer than 15 (and perhaps more)
tractor-trailers have been involved in accidents along the roadway. Those
accidents have killed three people, permanently maimed one person, and caused
countless dollars in property damage and other related costs.
3/8/05
Alternative Routes
Two routes offer reasonable alternatives to trucks needing to get to and :&om the Town of
Gordonsville and 1-64: Route 33, connecting to Route 29; and Route 15, with its direct
connection to 1-64 at Zion's Crossroads. These roads are Federal Primary Highways and
they are constructed to higher geometric design standards than are Routes 231 and 22.
These alternate routes are by far the safer routes for tractor-trailers. See Exhibit 1.
VDOT recently added Route 15 to the Surface Transportation Assistance Act (ST AA)
Truck Routing System because of the development at Zion's Crossroads ofthe Wal-Mart
Regional Distribution Center and other planned truck-dependent industries.
Residents of the Town of Gordonsville are concerned about the negative effect that the
inevitable increase in truck traffic will have on them. This has led to the additional
concern that the proposed restriction on Routes 231 and 22 will exacerbate the problem.
However, the fact is that the restriction will have little additional effect on the residents of
the Town. Here is why:
1. In order to protect investments on Main Street, the Town was successful in having
VDOT restrict trucks :&om using Main Street and in establishing High Street as
the route for all large trucks through town.
2. According to the 1991 edition of the Virginia STAA Truck Routing map, High
Street, T-I006, has been the designated truck route through the Town since the
STAA routes approved in 1982. Route 15 south of town has been added to the
ST AA System. See Exhibits 1 and 2.
3. Truck traffic heading to and :&om Zion's Crossroads and going through the Town
will increase significantly regardless of what happens on Routes 231 and 22. The
Wal-Mart facility alone is estimated to generate 1,í' '0 truck trips per day.
Additional truck-dependent development around Zion's Crossroads already under
construction will increase truck traffic through the Town still further.
4. While truck traffic through the Town may be an annoyance to the residents, truck
traffic on Routes 231 and 22 is a very real and quantifiable hazard for everyone
who drives on the roadway, and that includes the residents of the Town of
Gordonsville.
5. The crux of the matter is that trucks have to drive through the Town of
Gordonsville regardless of whether they use Gordon Avenue (Route 231) or High
Street (T-1006). The High Street route affects 33 houses and 16 duplexes. The
Gordon Avenue (Route 231) route affects 35 houses and 50 garden apartments.
Both routes affect their share of businesses and both affect the school and at least
one church. In addition to the school, the Gordon Avenue (Route 231) alternative
routes trucks by the VFW Post, which has more activity than the churches on
High Street. Church activities mainly are limited to a few hours on Sunday
morning, which is a period very low truck traffic. The VFW, on the other hand,
holds regularly scheduled weekly events plus special events throughout the week.
6. High Street is the safer ofthe two routes through the Town because of its 35 mph
speed limit, and even with on street parking utilized it is wider than Gordon
Avenue (Route 231).
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3/8/05
7. A Route 15 bypass to move trucks around the Town of Gordonsville will be
required regardless of whether the through truck restriction is implemented on
Routes 231 and 22. The two issues are not inexorably linked.
Objections to Proposed Restriction
Both Louisa and Greene Counties have gone on record in opposition to the proposed
restriction. However, their sole objection is their contention that the restriction might
increase truck traffic on Routes 15 and 33. Truck traffic on those roads will increase
regardless of whether the proposed restriction is imposed. More importantly, the reason
truck traffic is going to increase on those roads is a direct result ofland planning
decisions made by those jurisdictions. Development around Zion's Crossroads and
Ruckersville will have a far greater impact on traffic levels on Routes 15 and 33.
The citizens of the Town of Gordonsville and of Orange and Albemarle Counties had
absolutely no voice whatsoever in the approval of truck-dependent development in
Louisa or Greene Counties, some of which contributes to the problem on Routes 231 and
22. Yet, even though Route 231 tr!iverses less than one-third of a mile through Louisa
County and is nowhere near Greene County, VDOT is according to them a dominant
voice in determining whether the truck restriction will be implemented in Albemarle
County. This situation imposes a substantial inequity to the citizens of Albemarle
County.
Interestingly enough, Klöckner Pentaplast apparently has stated they do not support the
restriction. This is difficult to fathom after their efforts to voluntarily restrict tractor-
trailer traffic on the road. In addition it bears repeating that tractor trailers serving
Klöckner Pentaplast could not legally use Route 231 until after the regulations were
changed in 1995 (and then again in 1996). The STAA Route and Virginia Access System
were specifically modified to allow large truck access to the plant through the Town of
Gordonsville and Klöckner Road was constructed at considerable state expense to
accommodate large trucks accessing the plant ITom Route 15. The truck accident that
killed three people on Route 231 occurred after the state relaxed truck size regulations
and Klöckner Pentaplast began using it to access their plant rather than the ST AA Route.
Additional Factors Supporting the Proposed Restriction
The Gordonsville Bypass
There already exists the need for a truck bypass around the Town of Gordonsville. In
2004, VDOT spent millions of dollars resurfacing Routes 231 and 22 to repair the
damage done by years of abuse by large trucks. The funds expended on this project were
not in the Six Year Plan nor were they in the residency's 2004 budget for maintenance.
Apparently these were "found funds". Just where a cash-strapped VDOT "found" the
funds is a question that bears answering. The timing of the expenditure and the formal
review ofthe through truck restriction is an unlikely coincidence.
The funds expended on Routes 231 and 22 could have been "found" to help fund the
construction of the Gordonsville Bypass. With construction funds ITom general revenues
virtually non-existent, VDOT needs to look to the private sector to help fund the bypass.
Companies locating in Zion's Crossroads and trucking firms that are significantly
increasing truck traffic through Gordonsville have a responsibility to and should be asked
to contribute funding to the construction of the bypass. This is possible through the 1995
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3/8/05
Public Private Transportation Act and may be facilitated through the VDOT Innovative
Finance and Delivery Office.
The timing ofthe construction of the bypass and the restriction under consideration for
Routes 231 and 22 are completely and wholly separable. The through truck restriction
already is 10 years overdue. The public cannot afford to wait until the bypass is
constructed for the implementation of restriction.
In the interim, improvements can be made to the intersection of High Street and Gordon
Avenue to better facilitate turning movements by large trucks. Again, this is an
improvement that needs to be made regardless of what happens on Routes 231 and 22.
Access Requirements
While there is a demonstrated need for the traveling public to use Routes 231 and 22,
there is no need whatsoever for through traveling commercial traffic to use the roadway.
Because ofthe size oftractor-trailers and the way they are driven on Routes 231 and 22
they are incompatible with the roadway and the general traffic using the roadway. It has
been demonstrated that viable alternative routes exist.
Two local businesses, Klöckner Pentaplast - an international manufacturer - and
Intertrans - an interstate trucking company - voluntarily have routed their trucks off of
Routes 231 and 22. In addition, Klöckner Pentaplast asked for and received signed
pledges :lÌ"om trucking companies and suppliers stating that they too would voluntarily
use alternatives routes. Together with surrounding industries these vendors and trucking
fIrms totaled more than 150 companies willing to voluntarily limit heavy truck traffic on
Routes 231 and 22. See Exhibits 3 & 4. These voluntary acts prove that there is no
"need" for through commercial traffic to use Routes 231 and 22 to get either :lÌ"om or to
the Gordonsville area.
Orange County Rescue Squad
According to the data available for the period :lÌ"om July 2001 through June 2002, the
Orange County Rescue Squad makes an average of 5 emergency trips down Route 231
and 22 every day. There is only one zone for an ambulance to pass trucks on each of
Routes 231 and 22. The danger of ambulances making emergency trips on Routes 231
and 22 was demonstrated last year when one ITom the Orange County Rescue Squad ran
off the road and crashed.
Enforcement
Both state and local law enforcement officials have repeatedly said that is impractical and
dangerous to conduct truck-related enforcement activities on Routes 231 and 22. This
assertion is borne out by the fact that over the course of 10 years only a couple of
demonstration enforcement actions have been conducted. None of these enforcement
actions had any lasting effect whatsoever on the habits of the trucking industry. Illegal
categories of trucks continued to use the road and trucks regularly are driven at speeds
well in excess of 65 mph every day. This is true even on Route 22 where the posted
speed is 50 mph and the advisory speeds on the curves are as low as 30 mph.
According to VDOT's publication, Virginia's Size. Weight. and Equipment
Requirements for Trucks. Trailers. and Towed Vehicles, the speed limit for trucks on
non-limited access highways, less than four lanes is 45 mph. See Exhibit 5. Routes 231
and 22 certainly fall into that category. That means that every truck using the road is
4
3/8/05
exceeding the permitted speed limit, often by 20 or more miles an hour. The defmition of
"truck" in this instance is not limited to tractor-trailers. Some of the most chronic
offenders are the drivers of dump trucks making runs to and rrom the Luck Stone and
Williamson facilities located on Route 250 near Shadwell.
The proposed through truck restriction can easily and effectively be enforced rrom Route
250 in Shadwell and either in Gordonsville or at the intersection of Route 231 and
Klöckner Road, Route 860. From these locations police can prevent truckers rrom
transiting Routes 231 and 22.
The enforcement issue alone, or more accurately the lack of possible enforcement once
trucks are on Routes 231 and 22, justifies the need for the restriction.
Current Truck Size Regulations
The Virginia General Assembly was duped two sessions in a row, in 1995 and again in
1996, into increasing the width and then the length of tractor-trailers allowed to travel
any road in the state. None of the representatives to the General Assembly then
representing the Charlottesville area had any idea that the bills they had passed applied to
tractor-trailers or knew anything about the ST AA Truck Routing System.
Senator Creigh Deeds, who now represents the 25th District and was a Delegate on the
House Transportation Committee in 1995 and 1996, and Butch Davies, who now is a
member of the Commonwealth Transportation Board and was a Delegate during those
years, both expressed surprise when informed at a meeting in August 2002 about the
changes to the regulations.
The reason all of these elected officials were surprised on learning about the changes to
the regulations is that the changes were masked in bills concerning recreational and farm
vehicles and the ensuing regulations were then written broadly so they also applied to
tractor-trailers. The effect has been to nullify the 1982 ST AA Truck Routing System that
was previously in force. That means that trucks 8 12 feet wide and 65 feet long weighing
80,000 pounds may legally travel roadways where previously they were limited to a
maximum of 8 feet wide and 60 feet long. The truck restriction for Routes 231 and 22
was requested even before the changes to the regulations allowed larger tractor-trailers
legally to use the road.
Additionally, for the paltry annual fee of$45 (or $85 for two years), truckers can get a
Virginia Hauling Permit that allows them to drive oversize and over weight vehicles on
any road they please. That may account for why, since 1996, residents of Routes 231 and
22 have reported oversize trucks on the road, even though VDOT posted signs stating
that trucks over 65 feet are prohibited on Routes 231 and 22.
VDOT needs to be called to account :.:>r why it appears to have abetted this subterfuge
and then permitted wholesale changes to the regulations governing the ST AA Truck
Routing System without first having conducted a thorough analysis of the possible
negative impacts to at-risk roadways such as Routes 231 and 22.
Record of Accidents Involving Tractor Trailers
VDOT's most recently published study of accidents on Routes 231 and 22, the Route
22/231 Corridor Study, is dated March 15, 1996. The period ofthe study is rrom 1990 up
to February 1996. That report is now more than eight years old, and there have been
numerous accidents in the intervening years. In addition, it is important to note that the
5
3/8/05
actual number of tractor-trailers involved in accidents on the roadway cannot accurately
be determined by reviewing VDOT statistics alone. This is bec:;mse that data does not
capture every accident that has occurred. Also, the VDOT data utilizes an "other"
category of accident types that could be masking accidents involving tractor-trailers and
other types oftrucks.
By combining the data in the report with easily identifiable accidents that either are
missing from the data period or have occurred since February 1996, it can be determined
that, since 1990, at least 18 tractor trailers have been involved in crashes on Routes 231
and 22, including the CVS truck crash last September and the log truck crash on March 7,
2005. Using only the statistics from the 1996 report for all classes oflarge trucks, the
number involved in accidents on Routes 231 and 22 between January 1990 and February
1996 increases to over 40 trucks.
Add to that number the accidents that have occurred in the nine years since the date ofthe
report and the number of truck accidents on Routes 231 and 22 goes significantly higher.
In addition there have been automobile accidents caused by but not involving trucks,
which consequently are not reported as truck-related accidents. For a single IS-mile
stretch of roadway, Routes 231 and 22 have an extraordinary record of accidents.
By contrast, the accident records for the II-mile stretch of Route 15 between
Gordonsville and 1-64, despite requests, have never been made available by VDOT for
comparative analysis.
Analysis of the Factors
In a fair and balanced review of the facts, there can be only one decision made regarding
the through truck restriction proposed for Routes 231 and 22. That decision must be to
implement the restriction.
The safety of the general traveling public along this segment of roadway depends on the
implementation of the restriction. The success or economic viability of commerce is not
substantially affected by the decision. There simply is no evidence that can or would
prove a significant negative economic impact. Too many businesses have voluntarily
agreed to drive alternate routes. Safety ofthe traveling public and residents along the
roadway is the greater issue.
The residents of the Town of Gordonsville are in a vice to be sure, but the imposition of
the restriction does not affect the impact of trucks on the town in any significant way.
The amount of truck traffic is going to increase whether the restriction is imposed or not.
Fewer residents living along High Street are affected by truck traffic than those who live
along Gordon Avenue (Route 231) in the Town and Orange County. There is the need to
construct a by-pass to route trucks around town regardless of whether the restriction is or
is not implemented.
For the past 10 years, VDOT officials have avoided making this decision because of
political pressure from the trucking industry and commercial interest lobbies who VDOT
views as allies. Today, there are new leaders at VDOT and a new CTB who seem to be
more interested in doing what is right to create a safer road system within the
Commonwealth.
6
3/8/05
List of Exhibits
Exhibit 1 - 1991, Virginia STAA Truck Routing Map with Alternative Routes
Exhibit 2 - VDOT Truck Route Through Town of Gordonsville
Exhibit 3 - Example ofthe voluntary agreement between Klöckner Pentaplast and
trucking fIrms, July 10, 1996
Exhibit 4 - Letter from Harry VanBeek to Luck Stone, December 9, 1996
Exhibit 5 - Virginia's Size. Weight. and Equipment Requirements for Trucks. Trailers.
and Towed Vehicles, Speed Limits for Trucks
7
3/8/05
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NOTE: THE EASTEOUND 1·264 DOWNTOWN TUNNEL IN
PORTSMOUTH IS OPEN TO STAA VEHICLES
HIE WESTBOUND )·264 DOWNTOWN (OLD) TUNNEL IS
STILL RESTRICTED TO STAlq VEH2CLES.
cy/'
iE fOLLOWING VEHICLES ARE ALLOWED TO TRAVEL
N THE II'JTERSTATE SYSTEM PLUS NON·INTERSTATE
UAlIFYING HIGHWAYS AND VIRGINIA·S ACCESS SYSTE
S DESIGNATED BY THE COMMONWEALTH TRANSPORT
)ARD BUT ARE NOT ALLOWED ON VIRGINIA'S OTHER Hlr ~
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THE" .NON-I.NTERSTATE QUALIFYING HIGHWAYS" AND THE
"VIRGINIA ACCESS SYSTEM" OF HIGHWAYS FOR USE BY STM
VEHICLES AS SHOWN ON THE M.AP ARE CURRENT AS OF
MARCH 21, 1991. IT IS THE DUTY OF THE HIGHWAY USER TO
ASCERTAIN ANY CHANGES IN THE SYSTEMS BY WAY OF
ADDITION OR DELETION SINCE THAT TIME BY CONTACTING:
~
2
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
1401 E. BROAD STREET
RICHMOND, VIRGINIA 23219
ATTENTION: TRAFFIC ENGINEERING DIVISION
TELEPHONE: (804) 786-0209
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TRAVEL ON THOSE ROUTES NOT DESIGNATED IS IN VIOLATION
OF LAW AND MAY RESULT IN THE ISSUANCE OF A CITATION
AGAINST THE HIGHWAY USER.
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I{LUCKNER
PENTAPLAST
KLÖCKNER PENTAPLAST OF AMERICA, INC.
P.O. Box 500 . Klöckner Road
Gordonsville, VA 22942 USA
Phone:. 540-832-3600
Fax: 540-832-5656
Harry J.G. van Beek
President
December 9, 1996
Mr. Monty Wood
Plant Manager
Luck stone - Shadwell Plant
P.O. Box 278
Charlottesville, VA 22902
y'Í1
Dear Mr. Wood:
On June 15,we sent a letter to your facility in Shadwell and in
Greene County, requesting to limit heavy truck traffic on Rt. 22
and Rt. 231. Unfortunately we never received a response from
either location.
This morning, around 9:30 a.m., I was behind two trucks which came
from your Shadwell Plant, traveling towards Gordonsville. I stayed
behind the trucks, as they traveled over Rt. 22 east and Rt. 231
north, heading towards Orange. The bed of one truck was not covered
very well and it lost gravel when maneuvering the dangerous curves
on Rt. 231. The license plate of the truck was 166066. I also
noticed that both trucks traveled at high speeds in excess of the
p(lsted speed limits, crossing over the double lines and making an
already dangerous road even more hazardous.
I understand that it is impossible to avoid these routes for
deliveries to customers who live there I However, the two truck
were clearly headed to Orange and could have taken the much safer
way over Rt. 64 towards Zions Cross Roads and then Rt.15 to Orange.
It is a pity that Luck Stone is not joining 150 other vendors,
trucking companies and surrounding industries in an effort to limit
heavy truck traffic on these beautiful and scenic routes.
Attached please find again a copy of our letter from June. Maybe
you will reconsider your position and join us in our efforts to
preserve the beauty and safety of these historical Virginia roads,
by instructing your drivers to use alternate routes
Si7ii,~ µ
cc.: Senator Emily Couric
..-
Rigid Film and Sheet . Worldwide
T~"'-; ~;+ 'f
I{LUCKNER
PENTAPLAST
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KLÖCKNER PENTAPLAST OF AMERICA, INC.
P.O. Box 500 . Klöckner Road
Gordonsville. VA 22942 USA
Phone: 540-832-3600
Fax: 540-832-5656
Old Dominion Freight Line '"
1730 Westchester Dr.
P.O. Box 2006
High Point, NC 27261
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July 10, 1996
SJ\F ëTY ;'.0',
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11,,", LJ. .. 1'/ ; '-V,
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Dear Director of Safety,
....... ~...... ... ""." .......... . .
Klockner-Pentaplast of America is the leading manufacturer of Rigid Fihns in North
America. We are located in the beautiful Virginia countryside in Gordonsville, V A. One
of the most scenic roads in Virginia, Rt. 231 is right at our doorstep. We have been in
business in this location for over 17 years. The reason for my letter is to ask for your help
in preserving the beauty and safety of this historical Virginia road.
The residents along Rt. 22 and 231 have requested the Virginia Department of
Transportation to restrict heavy trucks from traveling this road. The residents take the
view that Rt. 231 is much to narrow and winding for heavy trucks to be on. We at
Klockner have our own fleet of trucks, "Intertrans Carrier Company" and have for several
years voluntarily restricted our trucks from using this road from our plant South to
Charlottesville. We are asking that you help us by also voluntarily restricting your drivers
from using this stretch of road. I have enclosed a map of the most practical routes to take
into and from our plant.
The Virginia Department of Transportation has installed caution lights at the intersection
ofRt. 231 and Rt. 860,Klockner Road to help identifY the entrance into our plant and
eliminate trucks going past our entrance southon Rt. 231.
We hope we can count on your support to voluntarily restrict your drivers from using Rt.
22 from Charlottesville to Rt. 231 into Gordonsville. Please indicate your willingness to
do so by signing the second copy of this letter and returning to us in the self addressed
envelope. We know by your joining forces with us on this issue we can show our local
officials and residents ofRt. 231 that our industry and the trucking industry that services
us are doing everything possible to keep our roads safe.
Thank you for ¥our help and the service your company has given to Klockner. __ ~
Kind regards, . Company: '~/ '¡(í" ~ k~Pe.
~ '
Patsy J. Page, Traffic Manager
'"f~~~L--
Rigid Film and Sheet . Worldwide
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Speed Limits
Vehicle Interstate Limited Non-limited Access School,
Type Highways Access Highways Business
Highways Four or Less or
More Than Residentia
Lan6 Four Zones
Lanes
Trucks 65 mph on 55 mph 55 mph 45 mph 25 mph
designated
rural;
55 mph on
all others
Passenger 65 mph on 55 mph 55 mph 55 mph 25 mph
Buses designated
rural;
School 55 mph 35 mph(l) 35 mph(l) 35 mph(l) 25 mph
Buses
",
A school bus may travel 45 mph when not loading or unloading passengers between Its slartmg point and its destination. However, during the loading and
unloading of smdents-from the fust pick-up/drop-offto the last pick-upfdrop-off-the maximum speed is 35 mph. A school bus may travel 55 mph on an
interstate either loaded or unloaded.
Securing of Load or Contents
The loads of all trucks, 1railers and selIÙ-1railers carrying gravel, coal, sand or other nonagricultural and non-forestry products
on any highway must either be secured to the vehicle or covered. Public service company vehicles, pickup 1rucks, emergency
snow removal equipment engaged in snow removal operations are excluded ftom this requirement.
Truck covers used to prevent the escape of solid waste 1ransported in commercial vehicles must be designed, installed, and
constructed to keep all ofthe cargo within the vehicle regardless of the vehicle's speed or weather conditions. This provision,
however, does not apply to vehicles used exclusively for agricultural purposes.
23
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¡:y 05/06
REVENUES
¡:y 05/06 RECOMMENDED EXPENDITURES
$255,201,941
,941
Federal
SY6
Funds
4!11
State
2œI
School
Self-
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4II1II
Atl... FUNDS SUMMARY
($ in
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School Division
School
Debt SelVice Funds
Revenue Funds
0.2
2.0%
GRAND TOTAL
$11.8
4.9%
RECOMMENDED
GENERAL FUND EXPENDiTURES
$178,055,169
11\1
($ in
Administration
$8.6
2.9
19.5
3.0
13.1
$9.1
3.0
21.6
3.0
14.0
$0.5
0.1
6.0%
4.3%
1
Public Safety
General
$ Hj2,4
$178.1
$15.6
9.6"
($ in millions)
Local
State
Federal
General Fund Transfer
Local Transfer
Other Local
Borrowed Funds - Gen Gov
Proffers
of Reserves
State Funds
VSPA Bonds - Schools
Total
$36.9
3.8
1.8
00.
4.5
Transfer
Borrowed
Funds
74%
NOTE: Totals may not agree due to rounding.
$11
$13.9
Real Estate Tax"
Personal
" Per $100 assessed value
Area 726 sq. mi.
Median
Total
FY
o CIP'
Courts, 5%
2.0%
15.0%
8.0%
$0.76
$4.28
$7.1
20.7
10.5
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8.0
12.6
3.8
1.8
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area
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ill
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neighborhood
.. $700,000
and the revenue
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IóÞ
FY 2005/2006 Financial Plan
Operating and Capital Budgets
Budget Work Session Schedule
Room 235
Monday, March 14. 2005: 1 :00 - 4:00 p.m.
· General Government Budget Issues
o CTS/JAUNT - COB 5th Street
o Stormwater
o Retiree Health Insurance Costs
o Other Unfunded Initiatives
Wednesday. March 16. 2005: 1 :00 - 4:00 p.m.
· School Division Budget (l :00 - 2:00 p.m.)
· Local Government CIP
o Road/Infrastructure Projects
o ACE
o Reserve Fund
· Schools CIP
o Capital Funding Formula
Monday. March 21, 2005: 1 :00 - 4:00 p.m.
· Continuing Issues from Prior Work Session
· Board Discussion and Wrap Up
· Approve Proposed Budget for Public Hearing
· Set 2005 Tax Rates for Public Hearing
Wednesday. March 23, 2004: 1 :00 - 4:00 p.m.
· Board Discussion and Wrap Up (if needed)
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON THE
COUNTY EXECUTIVE'S RECOMMENDED OPERATING AND CAPITAL
BUDGET FOR FY 2005/2006
The ~ ~ '~I a..- .----' .. "~tho _dod· aw........,..
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, ,ALLOTTED 3 MINUTES. ' .'. .'., .,'
. . rTRELINQUISH THEIR 3 MINUTES TOANOTMER '
CC:-::,';':,:..',,' .,' ',,0- _,'","",:"_':_."'.:,':,'
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.' ,~ ONLY SIGN UP·ONE PERSON rotpeAt<.
WRITTEN STATEMENTS TO THE CLERK
Fr()
IJr" IIcJT~' )
PHONE NUMBER/ADDRESS 0 tional)
¥~ c¡~ '7 7 3- 2c1 / /
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON THE
COUNTY EXECUTIVE'S RECOMMENDED OPERATING AND CAPITAL
BUDGET FOR FY 2005/2006
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The.< f...6110'~inggu...id.e. .I.ine.'s will be used for this public hearing:
-' .. '.' .. ...... " '. ,",.. ',' .. " ..
·'.C','. ,'__", -,',:'",_,,-'_,
,.ÊACI-t$~EAI<ERISAI..LOTTED3 MINUTES. . ... ..... .. . '.,
- ..' ·i\kNf~~E~~~.C~NNOTRELlNqUISH THEIR 3 MINUTES TO. ANOTHER
;.INp.I\lIDl,Jl\~§Çl\N.O'NLY SIGN UP ONE PERSON TO SPEAK.
.' w.... eb~SE;..GIVEANYWRITTEN STATEMENTS To.THE CLERK.
PHONE NUMBER/ADDRESS (Optional)
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FEBRUARY 2005
IPE'fITION THEALBEMAU.LE COUNTY VIRGINIA BOAltD OF SUPERVISORS
TO LOWER THE RATE OF REAL ESTATE TAX CURRENTLY .76 CENTS PER
$100.00 ASSESSED VALUE OF UEALESTATE TO .70 CENTS PER $100.00 U.EAL
ESTATEASSSESSMENT. EFlfECTlVE J:ANUARY 1,2005
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I PETITION TIlE ALllE¡VtARLE COUNTY VIRGINIA BOARD 011' SUI>ERVISOn.s
TO LOWER TIlE RATE OI? RE/~L .ESTATE TAX CUIlRENTLY .76 CENTS I>ER
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FEBRUARY 2005
I PETITION TfIEALBEMARLE COUNTY VIRGINIA ßOAU.D OF SUI)ERVISORS
TO LOWER THE RATE OF REAL ESTATE TAX CUI~RENTLY .76 CENTS ])ER
$100.00 ASSESSED VALUE OF IillALESTATE TO .70 CENTS PER $100.00 REAL
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FEBRUAU.Y 2005
I I>ETItION THE ALBEMARLE COUNTY VIRGINIA BOARD OF SUPERVISORS
TO LOWER TIlE RATE O}' REAL ESTATE TAX CURRENTLY .76 CENTS P:ER
$100.00 ASSESSED VALUE OF REAL ESTATE TO .70 CENTS PE1~ $100.00 REAL
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FEBRUARY 2005
I I)ETITION THEALBEMAl~E COUNTY VIRGINIA BOARD OF SUI)ERVISORS
TO LOWER THE RATE OF REAL ESTATE TAX CURRENTLY. 76 CENTS I)ER
$100.00 ASSESSED VALUE OF REAL ESTATE TO .70 CENTS ,PER $100.00 REAL
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FEBRUARY 2005
I PETITION THE ALBEMARLE COUNTY VIRGINIA BOARD OF SUPERVISORS
TO LOWER TIlE RATE OF REAL ESTATE TAX CURRENTLY .76 CENTS PER
$100.00 ASSESSED VALUE OF REAL ESTATE TO .70 CENTS PER $100.00 REAL
ESTATE ASSSESSMENT. EFIi'ECTIVE JANUARY 1,2005
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FEBRUARY 2005
I I>ETlTION THE ALBEMARLE COUNTY VIRGINIA BOARD OF SUPERVISORS
TO LOWER THE RATE OF REAL ESTATE TAX CURRENTLY .76 CENTS I)ER
$100.00 ASSESSED VALUE OF IŒALESTATE TO .70 CENTS .PER $100.00 REAL
ESTATEASSSESSMENT. EFFECTIVE JANUAI{Y 1, 2005
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FEBRUA.RY 2005
I PETITION THE ALBEMARLE COUNTY VIRGINIA BOARD OF SUI)ERVISOR~
TO LOWER THE RATE OF REAL ESTATE TAX CURRENTLY .76 CENTS PER'
$100.00 ASSESSED VALUE OF REAL ESTATE TO .70 CENTS PER $100.00 REAL
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FEBRUAUY 200S
I PETITION THEALßEMAI{LE COUNTY VIRGINIA BOAIU) OF SUl)ERVISORS
I'OLOWER TIlE RATE OF REAL ESTA'I'E TAX CIJRIlENTLV .76 CENTS PER
$100.00 ASSESSED VALUE OF REAL ESTATE TO .70 CENTSPERS10().00 REAL
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FEUUIJARY 2005
I ))ETITION TlIE ALßE~IARLE COUNTY VIRGINIA BOARD OF SUPERVISORS
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$100.00 ASSESSED VALUE Olf)llLALJ~STÄrE TO .70 CENTS PER $100.00 REAL
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FEBRUARY 2005
I PETITION THE ALBEMARLE COUNTY VIRGINIA BOAIID OF SUPERVISORS
TO LOWER THE RATE OF REAL ESTATE TAX CURRENTLY .76 CENTS I)ER
S100.00 ASSESSED VALUE OF REAL ESTATE '1'0 .70 CENTS PER SIOO.()O REAL
ESTATE ASSSESSMENT. EFI?ECTIVE JANUARY 1, 2005
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My name is Martha Harris.
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My husband & I live inili;·'~!~.R~1 J?i~!fÍç~ºf-" '7~
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Albemarle County. I would like to address you tonight about the concerns I have over the
drastic increase in the county budgets, both general government and school, since FY 2000-01
thru FY 2004-05 The total budget has increased $67,265,477 or 38.19% with an increase of
population of only 9164 or 11.56%. The per capita cost of government has risen fÌ'om $2,223 to
$2,753 or 23.84%. The school budget has increased $35,879,132 or 32.31% with an increase of
enrollment of only 119 students or less than 1 %. The annual cost per student has increased fÌ'om
$9074 to $11,891 or 31%, again forless than a 1% enrollment increase. All of these increases
have occurred over a period of only 4 years, during a time of relatively low inflation and without
any correlation to bulging growth as has been asserted.
One of the major factors causing these increases has been the substantial compensation
raises which have averaged approximately 5.5% annually for the past 4 years when scale
adjustments, step increases and merit pool additions are totaled. The insurance benefit has
increased 94%, fÌ'om $2,750 to $5,345 paid for each employee. These increases have occurred
over the same 4 year period that Social Security increases annually averaged 2.46% .
I see absolutely no necessity for the residents of Albemarle County to continue receiving
tax bill increases so drastically to support the out-of-control budget spending by the schools and
also general government. The school operations division alone has requested a 9% increase for
next year which includes an average salary increase of8.2% for teachers with scale & step
combined and classified employees receiving a 7.4% increase with scale and merit pool
combined. Since assessments have ballooned in both 2002 and 2004, I ask that the tax rate be
lowered by at least $.04 to $.72 @ 100. The monies raised by this rate will provide all divisions
with adequate funds to provide excellent services & education for all Albemarle residents.
Mr. Chairman, members of the Board,
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My name is Sherry Buttrick. I chair the ACE Committee,
And come before you tonight to ask that you restore our budget to its
customary level of $1 Million dollars and consider a modest increase to keep
pace with real estate prices.
The program will be in its fifth year and enjoys wide support. We have
completed 13 projects with a 14th near completion. We will have over 3,000
acres protected as soon as that project is recorded.
We have another 6 projects in advanced stage and
9 qualifying applicants for this year.
This year's class is the strongest so far and its acreage totals over 2,100
acres.
We anticipate that there will not be enough money to pay for all the
qualifying projects this year. We estimate we will need 1.7 to 2 Million and
even with carryover of $479K from earlier years, we will be short.
Real estate values have risen 40% since 2000 when the program began:
To keep pace with the modest conservation goals set in 2000, we should be
seeing funding of $1.4 Million.
Lee Catlin in The County's public relations department has suggested that
ACE would benefit by increased level of publicity. We would like to ask
that the program be given a separate item of $5-7 K for this purpose.
Despite the success and popularity of the ACE program, we must ask each
year at this time that our budget be restored. As we have done for the last
several years, we implore you to give this program permanent line item
funding.
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The ACE program is ~kt_ a sacred cow:
Please do not à4Bl~.o+l feeding her.
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My name is Jo Vining and I am the proud Principal of
Brownsville Elementary School. I have over thirty years in
the field of education, the past eleven as an administrator.
I applaud our Superintendent, Dr. Castner for his thoughtful
and dynamic vision for Albemarle County Schools to be a
great school system, not just ok or even good but a GREAT
SCHOOL SYSTEM.
I have witnessed tremendous changes during Dr. Castner's
service to the county, including the implementation of State
Standards of Learning testing, the use of assessments and
data to guide instructional practices, and the increased
accountability and challenges educators face as a result of
the No Child Left Behind Act. Our best educators have risen
to the challenges, actively learning and working to provide
the best practices in instruction for our diverse group of
learners so that each of our students can become a life long
learner.
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Dr. Castner's budget, with the support of the School Board
reflects well our priorities and needs in order to prepare our
students to be successful in the 21 st century.
Specifically:
** Without competitive compensation for teachers,
administrators, and classified employees, we will lose the
very quality of the personnel that have led Albemarle County
Schools to achieve such high success. We must make
compensation a top priority if we are to recruit and retain the
very best, especially when faced with baby boomer retirees
in the near future.
** Secondly, this budget request supports increased funding
in assessment and information services to meet the NCLB
achievement targets and professional development in best
instructional and assessment practices. This staff
development is vital in
reducing teacher variance in classrooms and in providing
staff with the tools to reach our children most effectively.
** Last, this budget allows the funding needed to support
computer replacement cycles and to fund transportation to
provide a needed longer elementary school day.
As an Albemarle County Principal, I fully support this budget
for absolutely reflecting the needs of our division to engage
the hearts, minds, bodys, and spirits of our students in ways
that will help them become successful adults.
As John F. Kennedy said,
" A child miseducated is a child lost."
Please endorse educating them well.
(..10 \J r vU:l/L~
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November 24, 2003
Mr. Lindsey Dorrier, Chairman
Albemarle Co.. &ardof Super:visoJ'S-
401 McIntire Road
Chat1ottes.viUe, Va. 229Q2
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Dear Mr. Dorrier~
I am writing to you today as President of the Stony Point Volunteer Fire Company. The
Board ofDitectofs. has. asked me to. present to you as the Chairman of the Board of
Sùpervisors, a list of capital improvements needed for our facility. The existing fire
house, after 3-0 years of continuous use, hinders our ability to keep up with the growing
needs of the community and the staff, both career and volunteer. The proposed
elimination of the present revolving capital improvement fund could create a financial
hardship for the fire company, potentially taking away monies from other priority
projects in order to supply an upgraded facility.
I'
Stony Point Fire Company has been actively involved in the "full funding" proposal by
the Albemarle FirelRescue Dept. for the last year and a half. Frankly this process has
raised many questions~ a lot of times without reasQnabl! answers~ about the commitment
to the volunteer fire companies by the County. Because of this we feel it is in the best
interest of our company to petition the Board of Supervisors directly for the fmancial
backing we. need. Below are listed ten improvements we feel are needed if we are to
continue to serve the needs of our community~ as well as provide a safe haven in times of
emergency and disaster:
1. Exterior building repair,
a. New roof(standing metal)
b. Painting of exterior trim.
2. Generator for backup power.
3. Paving of the Driveway both front and rear.
a. Cement pad at all bay entrances with drain
Culverts.
4. 20'x40' steel storage building w/e1ectrical and water.
s.. New bunkrooms for male and female members.
6. New bathrooms for male and female members with
complete shower facilities.
7. Completely renovate and enlarge the kitchen.
S. WAC. upgrade (the existing system is as old as the
building)
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9. Renovate meeting room.
10. Epoxy bay floors.
We feel these improvements would be a wise investment for the County, providing
another 10 ~ 15 years of viable space for the station and a suitable working environment
for a career staff that is certain to increase. In comparison to other facilities in the
County we feel our request is modest and will serve the Stony Point Community for
many years to come. Thanks for your positive attention to this request.
Sincerely
John C, Vermillion Jr.
President '
Stony Point Volunteer Fire Company
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Good Evening, 'J
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My name is Bernardette Hearns and I am the PTO President at
Brownsville Elementary, an Albemarle County resident and tax payer;
but more importantly I'm the mother of son who's in 3rd grade and a
daughter who will enter kindergarten next year.
I stand before you tonight in support of the School Board's funding
request for the '05-'06 school year. I support this request because
included in it are increases in funding to meet federal No Child Left
Behind requirements by implementing a longer instructional day in
elementary schools, the K-12 World Language Initiative, technology
upgrades and replacements, teacher professional development, and the
implementation of best curriculum and instruction practices outlined in
the Framework for Quality Learning.
This request will also enable our schools to maintain a market-
competitive compensation package that attracts, retains, and motivates
the quality individuals who are diverse in backgrounds, thoughts and
abilities. This is particularly critical as some of our children of color
often never see a teacher or school leader who looks like them to serve
as an everyday role model. You may say that's what parents are for,
but we've all been children once and parents, although likely role
models, are not visible during the day to reinforce the concept that
everyone regardless of ethnicity, gender, socio-economic background
or national origin can and should reach their full potential. So, our
educators must be the ones to bridge this gap. It is imperative that
this is addressed immediately as more than 30% of Albemarle County's
most experienced teachers will become eligible for retirement within
the next two years and statistics show that more than 60% of all newly
hired county teachers depart within their first three years on the job.
We must be able to compete with the surrounding counties and school
divisions such as the city of Charlottesville, Fluvanna County, and
Northern Virginia from a compensation perspective.
In addition to this, this funding request will enable new strategies and
structures to be formed and put in place to begin to close the
achievement gaps that exist. And with teacher professional
development the best curriculum and instruction practices outlined in
the Framework for Quality Learning can be implemented. It also has
a plan to improve our students' ability to apply knowledge and skills in
the context of solving real-life problems. Our kids go to school to
learn and will become our leader of tomorrow, our educators need to be
equipped to take the achievement gap on.
This· funding request supports the personnel, strategies and structures
necessary for quality teaching and learning that results in high
achievement for all students. Our Albemarle County School System is
one of the top-performing school divisions in the state. With your
approval of the School Board's budget request it can remain that way!
Please fully fund the School Board's budget request.
Thank You!
March 9, 2005
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Members of the Board of Supervisors and Mr. Tucker:
Good evening! My name is Carole Hastings and for the past 22 years, I have
been a taxpayer, County employee and parent of students in Albemarle
County Schools. I am also the spokesperson of the Albemarle County Building
Level Administrators Association. Four members of our group were included
with the Superintendent's staff in the formulation of the 2005-2006 School
Division Budget.
We support the Superintendent's budget based on several factors. The
school is the place where budget emphasis must remain. At this point, the
School Board does not have enough revenue to fund its full budget request.
Hopefully, by briefly reviewing those initiatives that directly affect schools,
you will see fit to fund the entire request. Our first priority was the
continuation of the effort begun last year to have a competitive salary scale
for Albemarle County teachers. We commend the Board of Supervisors and
School Board for their efforts devoted to making the dream of being in the
top quartile of our market a reality. Building level administrators who are
being increasingly held accountable for results in our schools know very well
the importance of attracting and retaining the very best teachers for our
students and the impact this has on achievement.
We also strongly support the inclusion of money to address market issues
affecting Building Services and Transportation as these services are also
essential to our student achievement. Finally, the increase in medical
insurance contributions by 15% shows a strong commitment to our employees
in assisting them to realize more of their salary increase without it having to
go for the cost of health insurance.
The increase in funding to support the Curriculum and Assessment Institute
is critical in having teachers become an integral part of our efforts to
provide students with lifelong learning skills. In addition, the increase in the
instructional day for elementary schools by 15 minutes per day should be an
important assistance in helping our youngest students achieve the academic
goals established by the School Board and Superintendent. We look forward,
at some point in the near future, to being able to adjust the middle and high
school ending times to provide for more equity between the three levels of
our school system.
With regard to other improvements, we are excited by the possibilities of
the Data Warehouse Start Up to assist schools in more efficiently using the
data that is made available to us. We have made tremendous improvements in
our technology use in our School Division by both students and staff and
appreciate the support required for the replacement and maintenance of
this huge investment in instruction.
We urge the Board to continue its emphasis on the importance of the
schools as the unit in the organization where support is most needed in the
School Division. It is there where the students need support to learn, the
teachers need resources to provide the best instruction possible and the
principals need assistance with their important roles as instructional leaders.
We also appreciate the need for adequate funding for local government
requirements such as sufficient police officers, fire and rescue squad staff,
etc.
We hope that you will find it possible to fund the entire budget request
presented by the School Board. We hope that you will make the critical
budget decisions with the schools as one of your primary focus areas. We
urge you to retain the current tax rate as recommended by Mr. Tucker in
order to fund things that this County needs and thank you for the wonderful
support and encouragement you have provided to our County Schools each
day.
..
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FY 06-15 CIP
ALBEMARLE COUNTY, VIRGINIA
Maintenance/Replacement Summary
Start/Finish Dates:
Ted Armentrout 923-4429,531-4423
I
Department:
Engineering Assistance
(Y/N):
Stony Point Volunteer Fire Company, Inc.
Contact Person/Ext:
Y
ON-GOING
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Status of Project:
NEW PROJECT
Type of Project:
Project Owner:
ALBEMARLE COUNTY
Note: Be sure to complete Project Cost Spreadsheets associated with the project request. /n addition, include any other qraphics that describe
the project (i. e. site plan map, etc.)
Project Description:
Various maintenance/replacement projects for the Stony Point Volunteer Fire Company.
Location/Site Status/Land Acquisition Status:
3827 Stony Point Road, Charlottesville, VA 22911
Project Justification (Including Relationship to County Strategic Plan Goals/Objectives):
The building and parking lot need numerous repairs and improvements to adequately accommodate the current staffing level and future projected growth.
These modifications will aid the County career staff as well as the volunteers and the members of the Stony Point community in the event of a disaster.
Several of the items will prevent further deterioration of the building and lot.
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Relationship to Approved County Strategic or Comprehensive Plan:
The fire station is in the County's plan for the Stony Point area.
Changes/Reasons for Revisions (If Update of an Existing CIP Project):
Alternatives/Impact if Project Not Funded/Completed:
Further deterioration of building and lot. Lack of necessary facilitates for current and future staffing needs.
Other Special Considerations (Future Expansion/Special Features/Etc.):
At some point in the near future, 5 to 10 years, it will probably be necessary to provide staffing on a 2417 basis. The current facility is nowhere near ready to
support that level of staffing.
CIP FORM 1
PROJECT REQUEST
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The Meriwether Lewis P-rb~upports the superintendent's budget
request and asks that the Board of Supervisors approve this budget. We
are proud of our school system and the achievements of our students.
While we struggle with tight funding, the County must find ways to
provide the funding necessary to maintain and improve our school
system.
Albemarle County teachers are the key of our success. Without
their dedication and talent, our students would be less motivated and
lower achievers. And still, our teacher's salaries are currently in the
bottom quartile in the state. Contrast their compensation with one of the
highest costs of living in the state, and you can understand why 60% of
new teachers hired by the County leave within the first three years of
their employment.
Currently, our students perform in the top 10% of the state. We
cannot hope to maintain or improve our educational experience if we
cannot remain competitive in the educational marketplace and retain
teachers once they are hired and trained. Just when our new teachers
are trained and productive, we lose them and have to reinvest additional
time and resources to retrain more new teachers. This, in itself, is an
inefficient and costly pattern. Better to compensate and retain talented
and dedicated individuals, than lose money constantly recruiting and
training.
To help our County schools become competitive in the marketplace
for teachers, the Meriwether Lewis PTO strongly supports the second
year phase-in to meet the top quartile teacher pay scales, the classified
merit plan of 4.4%, and the increased contribution to employee health
insurance.
Staffing at Meriwether Lewis is always extremely tight. We have
approximately 2 hours of teaching assistant time for our kindergarten
classrooms and an hour a day for first grade. One of the teaching
assistant's salary is paid for by the PTO. We have one half-time literacy
specialist and one half-time CTIP staff person for the entire school. We
have a part time school nurse for 5 hours a day and the PTO pays for
200/0 of her salary. We strongly support the funding request to provide
for the addition of .5 hours per 20 students for Math/Literacy k-1 Teaching
Assistants, the proposed initiative for Literacy Specialists, and
incorporating CTIP Staffing into the staffing formula.
"
A second issue of paramount importance to the County and to
Meriwether Lewis is funding for technology to keep up with the changing
world around our children. New technologies help our teachers teach and
our students learn. Please support Dr. Castner's request as it helps
incrementally to bring badly needed technology and necessary
maintenance for technology into our classrooms.
With your support for Dr. Castner's recommended budget, our
children can continue their path to a quality, challenging educational
experience which will prepare them at all ability levels for a successful
future. The Meriwether PTO thanks Dr. Castner, the School Board and the
staff of the Albemarle County School System for always striving for the
best and, with your continued support, attaining it.
MEMORANDUM OF UNDERSTANDING
AMONG
THE CITY OF CHARLOTTESVILLE
THE COUNTY OF ALBEMARLE
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
AND
THE RIV ANNA SOLID WASTE AUTHORITY
rh 2..0 oS"
This Memorandum of Understanding ("MOU") is made this ~day of ::JíttJ. 2004
by and among the City of Charlottesville (the "City"), the County of Albemarle (the "County")
the Rector and Visitors of the University of Virginia (the "University") and the Rivanna Solid
Waste Authority (the "Authority"), together referred to as the "Parties."
WHEREAS, prior to the fonnation of the Authority, the City and the County jointly owned a
tract of approximately 300 acres of land situated on State Route 637 in Albemarle
County, Virginia, on which a solid waste depository was developed known as the
Ivy Landfill (the "Landfill");
WHEREAS, on November 20, 1990, the City and the County entered into a certain Solid Waste
Organizational Agreement for the purpose of fonning the Authority to operate the
Landfill, which Landfill operated continuously from 1968 until the closure of Cell
2 in 2001;
WHEREAS, at all times since 1968 the City, the County and the University have utilized the
Landfill and benefitted from its use as a solid waste depository;
WHEREAS, pursuant to the Virginia Administrative Code, the Virginia Department of
Environmental Quality (the "VDEQ") has promulgated regulations for closure of
solid waste depositories located within the Commonwealth of Virginia;
WHEREAS, pursuant to such regulations, the Authority has submitted a Corrective Action Plan
("CAP") to the VDEQ for the closure, remediation and monitoring of all disposal
cells located at the Landfill;
WHEREAS, beginning July 1, 2005, the Authority expects to incur the following expenses for
the closure, remediation and monitoring costs for the Landfill (the "Costs"):
a. The expenses incurred by the Authority under the CAP;
Page 1
b. The cost of such additional remediation activities, which if not required
under the CAP, are approved by the Authority's Board of Directors as
being reasonably necessary or appropriate to complete the remediation of
the Landfill; and
c. The administrative overhead of the Authority reasonably allocated to such
activities;
WHEREAS, the estimated Costs for each fiscal year of the Authority beginning July 1, 2005
(the 2006 fiscal year) through June 30, 2035 are shown on a spreadsheet (i) using
current dollars and (ii) assuming an inflation rate of2.5% per annum attached
hereto as Exhibit A;
WHEREAS, the costs and expenses the Authority expects to incur under the CAP cannot be
funded by future revenues of operation of the Authority;
WHEREAS, the Parties have agreed that the following allocation of the Costs is reasonable and
appropriate:
City:
County:
University:
33%
60%
7%; and
WHEREAS, the University, since it is not a party to the Solid Waste Organizational Agreement
and not represented on the Board of Directors of the Authority, desires to fix its
share of the Costs, and the City and the County are willing to allow it to do so.
NOW, THEREFORE, the Parties agree as follows:
1. The University agrees to fund its share of the Costs as set forth on Exhibit A on the first
day of each fiscal year of the Authority beginning on July 1, 2005 and continuing on each
July 1 thereafter through and including July 1, 2034, reserving the option to pay one-
quarter of such amount initially, and paying three additional equal quarterly installments
on October 1, January 1 and April 1 of each year. The University shall also have the right
to prepay all or any portion of its share of the Costs on or before December 31, 2005
based on the amounts set forth on Exhibit B, or at anytime thereafter based on the
amounts set forth on Exhibit A with any Costs projected after the prepayment date
adjusted to prepayment date dollars using the inflation rate assumed on Exhibit A.
2. Each of the City and the County agrees to fund its share of the balance of the Costs
remaining after payment of the University's share of the Costs as the total amount of such
Costs for each year may be adjusted in the budget approved by the Authority's Board of
Directors each year in the following percentages:
City:
County:
35.5%
64.5%
Page 2
Such amounts shall be paid to the Authority on the first day of each fiscal year of the
Authority beginning on July 1, 2005 and continuing on each July 1 thereafter through and
including July 1,2034, with each reserving the option to pay one-quarter of such amount
initially, and paying three additional equal quarterly installments on October 1, January 1
and April 1 of each year.
3. Any amendment to this MOU must be made in writing and signed by the Parties;
provided, however, that the City and the County may adjust their share of the balance of
the Costs set forth in Paragraph 2 above as between themselves without the consent or
agreement of the University; provided further, however, that such adjustment shall be in
writing and signed by each of the City and the County.
4. This MOU shall be governed in all respects by the laws of the Commonwealth of
Virginia.
5. Any notice, invoice, statement, instructions, or direction required or permitted by this
MOU shall be addressed as follows:
a.
To the City:
Office of the City Manager
P.O. Box 911
Charlottesville, VA 22902
b.
To the County:
Office of the County Executive
401 McIntire Road
Charlottesville, VA 22902
c.
To the University:
Office of the Executive Vice President
and Chief Operating Officer
P.O. Box 400228
Charlottesville, Virginia 22904-4228
d.
To the Authority:
Thomas L. Frederick, Jr., Executive Director
Rivanna Solid Waste Authority
P.O. Box 979
Charlottesville, Virginia 22902-0979
Or to any other party at such other address or addresses as shall at any time or from time
to time be specified by the Parties.
6. This MOU, and any amendment or modification that may hereafter be agreed to in
accordance with the provisions herein, constitute the entire understanding between the
Parties with respect to the matters addressed, and supersede any and all prior
understandings and agreements, oral or written, relating hereto.
Page 3
WHEREAS these terms are agreeable to the City of Charlottesville, the County of
Albemarle, the The Rector and Visitors of the University of Virginia, Rivanna Solid Waste
Authority, each party offers its signature this I D +t- day of ,TA N VI} f<.. Ý , 2004¿ðOt),
THE CITY OF CHARLOTTESVILLE:
3)ß/(ß
Date
THE BOARD OF COUNTY SUPERVISORS
OF ALBEMARLE COUNTY:
o 3./ð_t9..s-
Date
THE RECTOR AND VISITORS OF
THE UNIVERSITY OF VIRGINIA:
~~
Leonard W. Sandridge
Executive Vice President and
Chief Operating Officer
0p /")"eÞo5
,
Date
WASTE AUTHORITY:
3~o5
Date
\\COR\402120.4
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RESOLUTION
AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY,
THE UNIVERSITY OF VIRGINIA AND THE RIV ANNA SOLID WASTE AUTHORITY
FOR FUNDING ENVIRONMENTAL REMEDIATION COSTS AT THE IVY LANDFILL
BE IT RESOLVED by the Albemarle County Board of Supervisors that the County
Executive· is hereby authorized to execute, on behalf of the County, the Memorandum of
Understanding Among the City of Charlottesville, the County of Albemarle, the Rector and
Visitors of the University of Virginia and the Rivanna Solid Waste Authority related to the sharing
of costs for environmental remediation at the Ivy Landfill, in a fonn approved by the County
Attorney.
The County's payment of its respective share of the remediation costs pursuant to the
tenns of the Memorandum of Understanding is expressly made contingent on the annual
appropriation of sufficient funds by the Board of Supervisors, and on the continuing payment by
the University of Virginia and the City of Charlottesville of their respective shares of the
remediation costs under the tenns of the Memorandum of Understanding. A certified copy of this
Resolution shall be attached to and made a part of the Memorandum of Understanding.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
six to zero, as recorded below, at a regular meeting held on March 9. 2005.
up ervlsors
Mr. Bowennan
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye
y
y
y
y
y
y
Nay
!
~
A RESOLUTION
AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY,
ALBEMARLE COUNTY, THE UNIVERSITY OF VIRGINIA AND THE
RIV ANNA SOLID WASTE AUTHORITY FOR THE FUNDING
OF ENVIRONMENTAL REMEDIATION COSTS
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia
that the City Manager is hereby authorized to execute, on behalf of the City, the
following document, related to the sharing of costs for environmental remediation
at the Ivy Landfill, in form approved by the City Attorney:
Memorandum of Understanding Among the City of Charlottesville,
the County of Albemarle, the Rector and Visitors of the University
of Virginia and the Rivanna Solid Waste Authority.
The City's payment of its respective share of the remediation costs pursuant
to the tenns of the Memorandum of Understanding is expressly made contingent
on the annual appropriation of sufficient funds by City Council, and on the
continuing payment by the University of Virginia and Albemarle County of their
respective shares of the remediation costs under the terms of the Memorandum. A
certified copy of this Resolution shall be attached to and made a part of the
Memorandum of Understanding.
Approved by Council
March 7, 2005
~l/4
C of Council
4
,
.
"
MEMOR<\NDUM OF UNDERSTANDING
AMONG
THE CITY OF CHARLOTTESVILLE
THE COUNTY OF ALBEMARLE
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
AND
THE RIVANNA SOLID WASTE AUTHORITY
This Memorandum of Understanding ("MOU") is made this _day of 2004
by and among the City of Charlottesville (the "City"), the County of Albemarle (the "County")
the Rector and Visitors of the University of Virginia (the "University") and the Rivanna Solid
Waste Authority (the "Authority"), together referred to as the "Parties."
WHEREAS, prior to the formation of the Authority, the City and the County jointly owned a
tract of approximately 300 acres of land situated on State Route 637 in Albemarle
County, Virginia, on which a solid waste depository was developed known as the
Ivy Landfill (the "Landfill");
WHEREAS, on November 20, 1990, the City and the County entered into a certain Solid Waste
Organizational Agreement for the purpose of forming the Authority to operate the
Landfill, which Landfill operated continuously from 1968 until the closure of Cell
2 in 2001;
WHEREAS, at all times since 1968 the City, the County and the University have utilized the
Landfill and benefitted from its use as a solid waste depository;
WHEREAS, pursuant to the Virginia Administrative Code, the Virginia Department of
Environmental Quality (the "VDEQ") has promulgated regulations for closure of
solid waste depositories located within the Commonwealth of Virginia;
WHEREAS, pursuant to such regulations, the Authority has submitted a Corrective Action Plan
("CAP") to the VDEQ for the closure, remediation and monitoring of all disposal
cells located at the Landfill;
WHEREAS, beginning July 1, 2005, the Authority expects to incur the following expenses for
the closure, remediation and monitoring costs for the Landfill (the "Costs"):
a. The expenses incurred by the Authority under the CAP;
Page 1
b. The cost of such additional remediation activities, which if not required
under the CAP. are approved by the Authority's Board of Directors as
being reasonably necessary or appropriate to complete the remediation of
the Landfill; and
c. The administrative overhead of the Authority reasonably allocated to such
activities;
WHEREAS, the estimated Costs for each fiscal year of the Authority beginning July I, 2005
(the 2006 fiscal year) through June 30, 2035 are shown on a spreadsheet (i) using
current dollars and (ii) assuming an inflation rate of 2.5% per annum attached
hereto as Exhibit A;
WHEREAS, the costs and expenses the Authority expects to incur under the CAP cannot be
funded by future revenues of operation of the Authority;
WHEREAS, the Parties have agreed that the following allocation of the Costs is reasonable and
appropriate:
City:
County:
University:
33%
60%
7%; and
WHEREAS, the University, since it is not a party to the Solid Waste Organizational Agreement
and not represented on the Board of Directors of the Authority, desires to fix its
share of the Costs, and the City and the County are willing to allow it to do so.
NOW, THEREFORE, the Parties agree as follows:
1. The University agrees to fund its share of the Costs as set forth on Exhibit A on the first
day of each fiscal year of the Authority beginning on July 1, 2005 and continuing on each
July 1 thereafter through and including July 1, 2034, reserving the option to pay one-
quarter of such amount initially, and paying three additional equal quarterly installments
on October 1, January 1 and April 1 of each year. The University shall also have the right
to prepay all or any portion of its share of the Costs on or before December 31,2005
based on the amounts set forth on Exhibit B, or at anytime thereafter based on the
amounts set forth on Exhibit A with any Costs projected after the prepayment date
adjusted to prepayment date dollars using the inflation rate assumed on Exhibit A.
2. Each of the City and the County agrees to fund its share of the balance of the Costs
remaining after payment of the University's share of the Costs as the total amount of such
Costs for each year may be adjusted in the budget approved by the Authority's Board of
Directors each year in the following percentages:
City:
County:
35.5%
64.5%
Page 2
Such amounts shall be paid to the Authority on the first day of each fiscal year of the
Authority beginning on July 1,2005 and continuing on each July 1 thereafter through and
including July 1,2034, with each reserving the option to pay one-quarter of such amount
initiaJJy, and paying three additional equal quarterly instaJJments on October 1, January 1
and April 1 of each year.
3. Any amendment to this MOU must be made in writing and signed by the Parties;
provided, however, that the City and the County may adjust their share of the balance of
the Costs set forth in Paragraph 2 above as between themselves without the consent or
agreement of the University; provided further, however, that such adjustment shall be in
writing and signed by each of the City and the County.
4. This MOU shall be governed in aJJ respects by the laws of the Commonwealth of
Virginia.
5. Any notice, invoice, statement, instructions, or direction required or permitted by this
MOU shall be addressed as follows:
a.
To the City:
Office of the City Manager
P.O. Box 911
Charlottesville, VA 22902
b.
To the County:
Office of the County Executive
401 McIntire Road
Charlottesville, VA 22902
c.
To the University:
Office of the Executive Vice President
and Chief Operating Officer
P.O. Box 400228
Charlottesville, Virginia 22904-4228
d.
To the Authority:
Thomas L. Frederick, Jr., Executive Director
Rivanna Solid Waste Authority
P.O. Box 979
Charlottesville, Virginia 22902-0979
Or to any other party at such other address or addresses as shall at any time or from time
to time be specified by the Parties.
6. This MOU, and any amendment or modification that may hereafter be agreed to in
accordance with the provisions herein, constitute the entire understanding between the
Parties with respect to the matters addressed, and supersede any and all prior
understandings and agreements, oral or written, relating hereto.
Page 3
WHEREAS these tem1S are agreeable to the City of Charlottesville, the County of
Albemarle. the The Rector and Visitors of the University of Virginia, Rivanna Solid Waste
Authority. each party offers its signature this day of . 2004.
THE CITY OF CHARLOTTESVILLE:
Gary B. O'Connell
City Manager
THE BOARD OF COUNTY SUPERVISORS
OF ALBEMARLE COlJNTY:
Robert W. Tucker, Jr.
County Executive
THE RECTOR AND VISITORS OF
THE UNIVERSITY OF VIRGINIA:
Leonard W. Sandridge
Executive Vice President and
Chief Operating Officer
THE RN ANNA SOLID WASTE AUTHORITY:
Thomas L. Frederick, Jr.
Executive Director
\\COR\402120A
Page 4
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...
ORDINANCE NO. OS-E(1)
AN EMERGENCY ORDINANCE ESTABLISHING TESTING REQUIREMENTS TO
DETERMINE WHETHER A PRIVATE GROUND WATER WELL HAS BEEN
CONTAMINATED WHERE THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL
QUALITY HAS CONFIRMED THAT THERE HAS BEEN A PETROLEUM RELEASE
OR DISCHARGE AND THE WELL IS LOCATED IN AN ACTIVE CONTAMINATION
AREA
WHEREAS, Virginia Code § 32.1-176.5 enables the Albemarle County Board of
Supervisors to establish reasonable testing requirements for private ground water wells serving
as the primary potable water supply to detennine whether the water from such wells complies
with existing federal or state drinking water quality standards and to require that the testing be
done prior to the issuance of building pennits;
WHEREAS, the release or discharge of petroleum poses a threat to the ground water and
to private ground water wells that serve as the primary potable water supply and, in turn, poses a
threat to the public health, safety and welfare;
WHEREAS, private ground water wells located in areas where a petroleum release or
discharge has been confinned by the Virginia Department of Environmental Quality may pose an
immediate threat to the public health where the contamination has not been remediated or
otherwise corrected;
WHEREAS, it is necessary to protect the public health, safety and welfare in areas
where there has been a petroleum release or discharge confinned by the Virginia Department of
Environmental Quality by requiring that new private ground water wells in such areas be tested
for petroleum contamination to detennine the extent of the contamination, if any, and to assure
that the wells satisfy existing federal or state drinking water quality standards for the
contaminants;
WHEREAS, active contamination areas have been identified in Albemarle County and
proposed private ground water wells have not been tested and may be contaminated;
WHEREAS, the Virginia Department of Environmental Quality has cautioned that
establishing new private ground water wells in the immediate area of a contamination plume
could alter the conditions of existing contamination plumes and draw contaminants into areas
that are currently free from contamination; and
WHEREAS, the Board of Supervisors finds that an emergency exists requiring the
adoption ofthis Ordinance without prior public notice pursuant to Virginia Code § 15.2-1427.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT:
Section 1. Purpose.
The Board of Supervisors finds that discharges or releases of petroleum from leaking
underground storage tanks may pollute ground water and, at high enough levels, these pollutants
1
-
may render water unsuitable for drinking and may cause adverse effects on the public health,
safety and welfare.
Section 2. Applicability.
This Ordinance shall apply to those areas of the County where the release or discharge of
petroleum from leaking underground storage tanks has been confirmed by the Virginia
Department of Environmental Quality and such area remains an active contamination area. For
the purposes of this Ordinance, the term "active contamination area" means those lands within
the area identified by the Virginia Department of Environmental Quality to be contaminated such
that, in its judgment, the contamination poses a risk to human health and the environment and
warrants corrective action or remediation, and those lands within two thousand (2,000) feet of
the contaminated area determined by the Virginia Department of Environmental Quality to be at
risk for contamination.
Section 3. Well testing and reporting.
Each private ground water well serving as the primary potable water supply for a
structure within an active contamination area shall be tested as provided herein prior to the
issuance of a building permit for the structure:
A. Contaminants to be tested. The tests shall determine whether the following
volatile organic compounds are present in the water: Benzene, Toluene, Ethylbenzene, and
Xylenes.
B. Applicable standards. Each contaminant identified in Section 3(A) ofthis
Ordinance shall be tested for compliance with the maximum contaminant level established for
that contaminant under the federal Safe Drinking Water Act, as follows:
1. Benzene: 0.005 MCL (mg/L)
2. Toluene: 1 MCL (mg/L)
3. Ethylbenzene: 0.7 MCL (mg/L)
4. Xylenes (total): 10 MCL (mg/L)
For the purposes of this Ordinance, "MCL" is the maximum contaminant level, which is the
highest level of a contaminant that is allowed in drinking water. The units are in millgrams per
liter (mg/L); milligrams per liter are equivalent to parts per million.
C. Sampling and testing services. Samples shall be taken and tests shall be
performed using appropriate testing methods by either the Virginia Department of
Environmental Quality or by a laboratory certified by the Commonwealth of Virginia to perform
such services. No such tests shall be conducted by Consolidated Laboratories. The cost of such
tests shall be paid by the landowner, provided that nothing herein prohibits the Virginia
Department of Environmental Quality from conducting the tests without charge to the
landowner.
2
D. Reporting oltest results. The testing laboratory shall notify the landowner ofthe
test results in a written report.
Section 4. Building permit; withholding.
Each applicant for a building pennit for a structure to be served by a private ground water
well as the primary potable water supply within an active contamination area shall present the
report containing the test results required by Section 3 of this Ordinance prior to issuance of the
building pennit.
A. No contaminants detected. If there are no tested contaminants detected, then the
building pennit shall be issued provided that all other applicable requirements are satisfied.
B. Contaminants detected; exceed applicable standards. No building pennit shall be
issued if one or more contaminants are detected and they exceed the federal Safe Drinking Water
Act standards identified in Section 3(B) ofthis Ordinance, unless and until an alternative primary
potable water supply is provided.
Section 5. Immediate effect; emergency.
This Ordinance shall take effect immediately, being adopted under emergency procedures
pursuant to Virginia Code § 15.2-1427, and shall remain in effect not longer than sixty days
unless readopted in confonnity with the applicable provisions of the Virginia Code.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
six to zero, as recorded below, at a regular meeting held on March 9. 2005.
Mr. Bowennan
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
y
y
y
y
3